HomeMy WebLinkAbout07.0 CorrespondenceLAW OFFICES
ROBERT B. EMERSON, P.C.
86 SOUTH TH1RD STREET
CARBONDALE_ COLORADO 81623
(970) 963-3700
ROBERT B. EMERSON FAX (970} 963-0985
January 25, 2002
Don DeFord
Garfield County Attorney
109 Eighth Street, Suite 300
Glenwood Springs, CO 81601
Re: Roaring Fork Preserve Subdivision
Dear Don:
To follow up on our conversation a few days ago, I am requesting that the attorneys
certificate for this plat be modified to read as follows:
"I, Robert B. Emerson, an attorney licensed to practice in the State of
Colorado, do hereby certify that based upon my examination of the owner's
title insurance policy issued by Commonwealth Land Title Insurance
Company No. A60-624813, the title insurance commitment issued by
Pitkin County Title, Inc., No. PCT16535PR, and the mortgagee certificates
contained on this plat, do hereby certify that all dedications to the public as
described on this final plat are free and clear of any liens claims or encum-
brances of record and further certify that this subdivision is in substantial
compliance with the Garfield County Subdivision Regulations of 1994."
Enclosed with this letter is a copy of the owner's title insurance policy issued when
Roaring Fork Preserve, LLC, acquired this land. Also enclosed is a copy of the current
title insurance commitment for this property. Finally, enclosed is a copy of the proposed
language for mortgagee's certificate, the effect of which is to subordinate the mortgagee's
interest in and to the public streets, utility easements, and other easements depicted on
the plat.
Sincerely,
Robert B. Emerson
RBE/jc
Enclosures
446
February 6, 2602
Bob Emerson
86 S. Third Street
Carbondale, CO 81623
RE: Roaring Fork Preserve
SE Job No. 21064.01
Dear Bob:
I have reviewed the work remaining to be complete and it is my opinion that 542,955.00 of the 5425,420.00 as collateral is George
Kilby's share.
Item High Country Engineer
Cost Estimate
Grading and Earthwork
Mobilization
Clearing & Grubbing
Excavation & Earthwork
Unsuitable Material Replacement
3" Asphalt
6" Class 6 ABC
8" Class 3 Collected On -Site
8" Class 3 Imported
6" Class 6 ABC Pedestrian Trail
• Storm Drains
15" CMP Culvert w/ Flared End Sections
18" CMP Culvert w/ Flared End Sections
36" CMP Culvert w/ Flared End Sections
Shallow Utilities
EIectric Transformer Pad
Electric/Telephone/Cable Trench and Conduit
Electric/Telephone/Cable by Utility Providers
3' Utility Trench for Gas
Gas to be provided by KN Energy
Miscellaneous
Revegetate/Landscape
Class I Ground Sign
Compliance with NPDES inc. Hay bales/Sed. Fence
Bonding the Project
Traffic Control
Fire Protection Storage Tanks (30,000 gal.)
Dry Fire Hydrant & Appurtenances
Well
Well Housing and Appurtenances
SUBTOTAL
10% CONTINGENY
TOTAL
$9,000.00
$59,500.00
516,000.00
$1,880.00
$78,770.00
$40,200.00
$24,500.00
$117,450.00
$2,000.00
$1,360.00
$17,600.00
$7,500.00
$7,500.00
$46,254.00
$96,066.00
$13,590.00
$50,736.00
$10,000.00
$ 3,900.00
$2,000.00
$2,600.00
$2,000.00
$30,000.00
$ 3,000.00
$25,000.00
$12,000.00
$608,406.00
560,840.60
$669,246.60
Work Completed
$5,000.00
$30,000.00
$8,000.00
-0-
-0-
-0-
$24,500.00
$65,000.00
- 0 -
$1,360.00
$2,400.00
$1,500.00
$5,000.00
$24,500.00
-0-
$6,400.00
$22,000.00
-0-
0-
51,000.00
o-
-0-
-0-
-0-
$25,000.00
-0-
$221,660.00
522,166.00
$243,826.00
Kilby's Share
$500.00
$1,000.00
$1,500.00
$11,800.00
$6,250.00
$7,000.00
$10,000.00
$1,000.00
539,050.00
53,905.00
$42,955.00
502 Main Street • Suite A3 • Carbondale, C0 81623 • (970) 704-0311 • Fax (970) 704-0313
SOPRIS ENGINEERING • LLC
civil consultants
Bob Emerson
SE Job No. 21064.01
February 6, 2002
Page 2
If you have any questions or need additional information please give me a call.
Sincerely,
SOPRIS ENGINEERING, LLC
Yancy Nichol, P.E.
Principal
cc: George Kilby
Dave McMorris
Roaring Fork Preserve
SUMMARY OF PROBABLE
CONSTRUCTION COST
December 19, 2001
HCE JOB NO: 2000039.04
k:\qproclatalfile1200010391039cst.xls
ITEM
QUANTITY
UNIT
COST
COST
Grading and Earthwork
Mobilization
Clearing & Grubbing
Excavation & Earthwork
Unsuitable Material Replacement
3" Asphalt
6" Class 6 ABC
8" Class 3 Collected On -Site
8" Class 3 Imported
6" Class 6 ABC Pedestrian Trail
Stone Drains
15" CMP Culvert w/ Flared End Sections
18" CMP Culvert w/ Flared End Sections
36" CMP Culvert w/ Flared End Sections
Shallow Utilities
Electric Transformer Pad
Electric/Telephone/Cable Trench and Conduit
Electric/Telephone/Cable by Utility Providers
3' Utility Trench for Gas
Gas to be provided by KN Energy
1 L.S.
1 L.S.
1 L.S.
100 C.Y.
7877 S.Y.
2010 C.Y.
3500 C.Y.
7830 C.Y.
100 C.Y.
40 L.F.
440 L.F.
100 L.F.
6 Each
3558 L.F.
3558 L.F.
3624 L.F.
3624 L.F.
9,000.00
59,500.00
16,000.00
18.80
10.00
20.00
7.00
15.00
20.00
34.00
40.00
75.00
1,250.00
13.00
27.00
3.75
14.00
9,000.00
59, 500.00
16,000.00
1,880.00
78,770.00
40,200.00
24,500.00
117,450.00
2,000.00
1,360.00
17,600.00
7,500.00
7,500.00
46,254.00
96,066.00
13,590.00
50,736.00
Miscellaneous
Revegetate/Landscape 1 L.S. 10,000.00 10,000.00
Class 1 Ground Sign 13 Each 300.00 3,900.00
Compliance with NPDES inc. Hay bales/Sed. Fence 1 L.S. 2,000.00 2,000.00
Bonding the Project 1 L.S. 2,600.00 2,600.00
Traffic Control 1 L.S. 2,000.00 2,000.00
Fire Protection Storage Tanks (30,000 gal.) 1 L.S. 30,000.00 30,000.00
Dry Fire Hydrant & Appurtenances 1 Each 3,000.00 3,000.00
Well 10 Each 2,500.00 25,000.00
Well Housing and Appurtenances 1 Each 12,000.00 12,000.00
SUBTOTAL $608,406.00
10% CONTIGENCY 560,840.60
TOTAL $669,246.60
This summary of probable construction cost was prepared for estimating purposes .
only. High Country Engineering, Inc. cannot be held responsible for variances= �.
from this estimate as actual costs may vary due to bid and market fluctuations. "�,,, ;
11
ISSUED By
COMMONWEALTH LAND TITLE INSURANCE COMPANY OWNER'S POLICY OF TITLE INSURANCE
Commonwealth
A LANDAMERWA COMPANY
POLICY NUMBER
Abd -b2'4813
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND
THE CONDITIONS AND STIPULATIONS, COMMONIs'EALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein
called the Company, insures, as of Date of Policy shown in Schedule A. against loss or damage, not exceeding the Amount of Insurance stated
in Schedule A, sustained or incurred by the insured by reason of:
I. Title to the estate or interest described in Schedule A being tested other than as stated therein:
2. Any defect in or lien or encumbrance on the title:
3. Unmarketability of the title;
4. Lack of a right of access w and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided
in the Conditions and Stipulations.
IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMP.AN}' has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company.
Attest:
Gam/.-.. �J✓� u�C / er►/1�.r,2
Secretary
COMMONWEALTH LAND TITLE INSURANCE COMPANY
President
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay Toss or damage, costs, attorneys'
fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve-
ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of
hich the land is or was a part: or (iv) environmental protection, or the affect of any violation of these lams, ordinances or governmental regula-
tions, except to the extent that a notice of the enforcement thereof' or a notice of a defecr. hen or encumbrance resulting from a violation or
alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (al above, except to the extent that u notice of the exercise thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Dale of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to he Company, riot recorded in the public records at Daft of Policy, but known to the insured claimant and not disclosed
in writing to the Company by the insured claimant prior to the dale the insured claimant became an insured under this policy;
te} resulting in no loss or damage to the insured claimant;
(d) attaching or created Subsequent to Date of Policy; or
(el resulting in loss or damage which would not have been sustained if the insured claimant had paid Value for the estate or interest insured
by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation
of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this poky being deemed a fraudulent cons eyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer
results from the failure;
(i) to timely record the instrument of transfer; or
{ii) of such recordation to impart notice to a purchaser for la1ue or a judgment or lien creditor.
NM 1 PA10
ALTA Owner's Policy (10-17-92)
Face Page
Form 1190-2A
PIO tr-11,1A1
Valid Only If Schedules A and B and Cover Are Attached
CONDITIONS AND STIPULATIONS
(c) Whenever the Company shall have brought an action or interposed a
defense as required or permitted by the provisions of this policy, the
Company may pursue any litigation to final determination by a court of
competent jurisdiction and expressly reserves the right, in its sole discretion,
to appeal from any adverse judgment or order.
(d) In all cases where this policy permits or requires the Company to
prosecute or provide for the defense of any action or proceeding, the
insured shall secure to the Company the right to so prosecute or provide
defense in the action or proceeding, and al] appeals therein, and permit the
Company to use. at its option, the name of the insured for this purpose.
Whenever requested by the Company, the insured, at the Company's
expense, shall give the Company all reasonable aid (i) in any action or
proceeding, securing evidence, obtaining witnesses, prosecuting or
defending the action or proceeding, or effecting settlement, and (ii) in any
other lawful act which in the opinion of the Company may be necessary or
desirable to establish the title to the estate or interest as insured. If the
Company is prejudiced by the failure or the insured to furnish the required
cooperation, the Company's obligations to the insured under the policy
shall terminate, including any liability or obligation to defend. prosecute, or
continue any litigation. with regard to the matter or matters requiring such
cooperation.
S. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these
Conditions and Stipulations have been provided the Company, a proof of
loss or damage signed and sworn to by the insured claimant shall be
furnished to the Company within 90 days after the insured claimant shall
ascertain the facts giving rise to the loss or damage. The proof of loss or
damage shall describe the defect in, or hen or encumbrance on the title, or
other matter insured against by this policy which constitutes the basis of
loss or damage and shall state, to the extent possible, the basis of
calculating the amount of the loss or damage. If the Company is prejudiced
by the failure of the insured claimant to provide the required proof of loss
or damage, the Company's obligations to the insured under the policy shall
terminate, including any liability or obligation to defend, prosecute. or
continue any litigation. with regard to the matter or matters requiring such
proof of loss or damage.
In addition, the insured claimant may reasonably be required to submit
to examination under oath by any authorized representative of the
Company and shall produce for examination. inspection and copying, at
such reasonable times and places as may be designated by any authorized
representative of the Company, all records, books, ledgers, checks,
correspondence and memoranda, whether bearing a date before or after
Date of Policy, which reasonably pertain to the loss or damage. Further, if
requested by any authorized representative of the Company , the insured
claimant shall grant its permission, in writing, for any authorized
representative of the Company to examine , inspect and copy all records,
books, ledgers. checks, correspondence and memoranda in the custody or
control of a third party, which reasonably pertain to the loss or damage.
All information designated as confidential by the insured claimant provided
to the Company pursuant to this Section shall not be disclosed to others
unless. in the reasonable judgement of' the Company, it is necessary in the
administration of the claim. Failure of the insured claimant to submit for
examination under oath, produce other reasonably requested information
or grant permission to secure reasonably necessary information from third
parties as required in this paragraph shall terminate any liability of the
Company under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company shall have the following
additional options:
(a)To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the amount of insurance under
this policy together with any costs, attorneys' fees and expenses incurred by
the insured claimant, which were authorized by the Company. up to the
time of payment or tender of payment and which the Company is obligated
to pay.
Upon the exercise by the Company of this option. all liability and
obligations to the insured under this policy. other than to make the
payment required, shall terminate, including any liability or obligation to
defend. prosecute, or continue any litigation, and the pohc . shall be
surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other than the Insured or
With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name
of an insured claimant any claim insured against under this policy. together
with any costs, attorneys' fees and expenses incurred by the insured
claimant which were authorized by the Company up to time of payment
and which the Company is obligated to pay: or
in) to pay or otherwise settle with the insured claimant the loss or
damage provided for under this policy, together with any costs. attorneys'
fees and expenses incurred by the insured claimant which were authorized
by the Company up w the time of payment and which the Company is
obligated to pay.
Upon the exercise by the Company of either of the options provided for
in paragraphs (b)(i) or (ii), the Company's obligations to the insured under
this policy for the claimed loss or damage, other than the payments
required to be made. shall terminate, including any liability or obligation to
defend. prosecute or continue any litigation.
1. DEFINITION QF TERMS.
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A. and, subject to any
rights or defenses the Company would have had against the named insured,
those who succeed to the interest of the named insured by operation of law
as distinguished from purchase including, but not limited to, heirs,
distributees, devisees, survivors, personal representatives, next of kin, or
corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge, not constructive
knowledge or notice which may be imputed to an insured by reason of the
public records as defined in this policy or any other records which impart
constructive notice of matters affecting the land.
(d) "land": the land described or referred to in Schedule A, and
improvements affixed thereto which by law constitute real property. The
term "land" does not include any property beyond the lines of the area
described or referred to in Schedule A, nor any right , title, interest, estate
or easement in abutting streets, roads, avenues, alleys, lanes, ways or
waterways, but nothing herein shall modify or limit the extent to which a
right of access to and from the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or other security
instrument.
(f) "public records": records established under state statutes at Date of
Policy for the purpose of imparting constructive notice of matters relating
to real property to purchasers for value and without knowledge. With
respect to Section I(a) (iv) of the Exclusions From Coverage, "public
records" shall also include environmental protection liens filed in the
records of the clerk of the United States district court for the district in
which the land is located.
(g) "unmarketability of the title": an alleged or apparent matter affecting
the title to the land, not excluded or excepted from coverage, which would
entitle a purchaser of the estate or interest described in Schedule A to be
released from the obligation to purchase by virtue of a contractual
condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE
OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy in
favor of an insured only so long as the insured retains an estate or interest
in the land, or holds an indebtedness secured by a purchase money
mortgage given by a purchaser from the insured, or only so long as the
insured shall have liability by reason of covenants of warranty made by the
insured in any transfer or conveyance of the estate or interest. This policy
shall not continue in force in favor of any purchaser from the insured of
either (i) an estate or interest in the land, or (ii) an indebtedness secured by
a purchase money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in writing (i) in case of
any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall
come to an insured hereunder of any claim of title or interest which is
adverse to the title to the estate or interest, as insured, and which might
cause loss or damage for which the Company may be liable by virtue of
this policy, or (iii) if title to the estate or interest, as insured, is rejected as
unmarketable. If prompt notice shall not be given to the Company, then as
to the insured all liability of the Company shall terminate with regard to
the matter or matters for which prompt notice is required; provided,
however, that failure to notify the Company shall in no case prejudice the
rights of any insured under this policy unless the Company shall be
prejudiced by the failure and then only to the extent of the prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF
INSURED CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and subject to the options
contained in Section 6 of these Conditions and Stipulations, the Company,
at its own cost and without unreasonable delay. shall provide for the
defense of an insured in litigation in which any third party asserts a claim
adverse to the title or interest as insured, but only as to those stated causes
of action alleging a defect. lien or encumbrance or other matter insured
against by this policy. The Company shall have the right to select counsel
of its choice (subject to the right of the insured to object for reasonable
cause) to represent the insured as to those stated causes of action and shall
not be liable for and will not pay the fees of any other counsel. The
Company will not pay any fees, costs or expenses incurred by the insured
in the defense of those causes of action which allege matters not insured
against by this policy.
(b) The Company shall have the right. at its own cost. to institute and
prosecute any action or proceeding or to do any other act which in its
opinion may be necessary or desirable to establish the title to the estate or
interest, as insured, or to prevent or reduce loss or damage to the insured_
TheCompany may take any appropriate action under the terms of this
policy. whether or not it shall be liable hereunder, and shall not thereby
concede liability or waive any provision of this policy. If the Company
shall, exercise its rights under this paragraph, it shall do so diligently.
B 1190-2A
Conditions and Stipulat%ons Continued Inside Cover
Amount of Insurance: $1,776,000.00
Premium $2,483.30
POLICY OF TITLE INSURANCE
SCHEDULE A
Policy No A60-624813
File No. 0002019
Date of Policy: 24TH DAY OF APRIL 2000, AT 7:59 A.M.
1. Name of Insured
ROARING FORK PRESERVE, LLC, A COLORADO LIMITED LIABILITY COMPANY
2. The Estate or interest in the land described herein and which is covered by this policy is Fee Simple and is at the
date of Policy vested in:
ROARING FORK PRESERVE, LLC, A COLORADO LIMITED LIABILITY COMPANY
3. The land referred to in this policy is described in the said instrument, is situated in the County of Garfield, State of
Colorado, and is identified as follows:
Countersigned:
NIM PA10
ALTA Owner's Policy (10-17-92)
Form 1190-2 Schedule A
SEE EXHIBIT "A" ATTACHED HERETO
AND MADE A PART HEREOF
Authorized Officer or Agent
dlh
Policy No. A60-624813
File No. 0002019
EXHIBIT "A"
A parcel of land situated in Government Lots 12 and 13 in Section 35, and in Government Lots 14 and
15 in Section 36, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield,
State of Colorado, said parcel lying northerly of the northerly right-of-way of Garfield County Road No.
100, and being more particularly described as follows:
Beginning at the North right-of-way tine of Garfield County Road No. 100, from which the witness
corner for the South quarter corner of Section 35, a No. 6 rebar found in place bears South 81°49'57"
West 1416.62 feet (record tie: South 81°55' West 1417.05 feet); thence along said right-of-way South
87°28'17" East a distance of 425.14 feet; thence along said right-of-way South 88°35'41" East a
distance of 154.64 feet; thence along said right-of-way North 88°45'26" East a distance of 310.37 feet to
the TRUE POINT OF BEGINNING; thence North 01°14'34" West a distance of 1206.34 feet to a rebar and
cap, PLS #26950; thence North 67°39'44" West a distance of 478.58 feet to a point on an existing
fenceline being a rebar and cap, PLS #26950; thence along said fenceline North 00°40'07" East a
distance of 410.00 feet to a rebar and cap, PLS #26950; thence South 65°12'47" East a distance of
389.37 feet to a rebar and cap, PLS #26950; thence South 78°31'47" East a distance of 82.93 feet to a
rebar and cap, PLS #26950; thence South 62°09'01" East a distance of 155.56 feet to a rebar and cap,
PLS #26950; thence North 66°12'16" East a distance of 185.69 feet to a rebar and cap, PLS #26950;
thence South 78°29'52" East a distance of 277.46 feet to a rebar and cap, PLS #26950; thence South
65°19'05" East a distance of 252.12 feet to a rebar and cap, PLS #26950; thence South 89°58'08" East a
distance of 420.28 feet to a rebar and cap, PLS #26950; thence North 30°22'30" East a distance of
251.43 feet to a rebar and cap, PLS #26950; thence North 72°44'29" East a distance of 264.93 feet to a
rebar and cap, PLS #26950; thence North a distance of 740.00 feet to a rebar and cap, PLS #26950;
thence North 89°53'49" East a distance of 600.00 feet to a rebar and cap, PLS #18478 at the Northeast
corner of Government Lot 14 in Section 36; thence South 00°16'36" East a distance of 674.92 feet to the
Southeast Corner of Government Lot 14, also being the Northeast corner of Government Lot 15; thence
South 00°16'36" East a distance of 1413.08 feet along the easterly line of said Government Lot 15, to
the Northeast corner of that parcel of land described in Book 763 at Page 727; thence the following ten
(10) courses along the northerly and westerly lines of those parcels of land described in Book 763 at
Page 727 and in Book 765 at Page 933 of the Garfield County Records:
11) South 22°04'22" West 22.78 feet;
12) South 02°38'40" West 115.26 feet;
13) South 78°59'17" West 220.50 feet;
14) South 81°58'57" West 266.62 feet;
15)North 81°47'11" West 67.60 feet;
16) North 84°42'56" West 88.95 feet;
17) North 84°42"56" West 114.68 feet;
18) South 79°02'17" West 120.81 feet;
19) North 87°27'14" West 227.54 feet;
20) South 15°25'16" West 192.83 feet to the northerly right-of-way of Garfield County Road No. 100;
thence along said right-of-way South 88°45'26" West a distance of 1028.69 feet to the TRUE
POINT OF BEGINNING.
Policy No. A60-624813
File No. 0002019
SCHEDULE B
This Policy does not insure against loss or damage by reason of the following:
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. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof.
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. 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 1,
1899 in Book 12 at Page 511.
9. Right of way easement granted to the Mountain States Telephone and Telegraph Company in
instrument recorded November 19, 1970 in Book 415 at Page 97.
10. Sixty foot road easement conveyed in deed recorded December 30, 1999 in Book 1166 at Page 920.
11. Apparent right of way for ditches and powerlines as shown on survey by Scarrow & Walker
Incorporated dated December 27, 1999.
12. Deed of Trust from Roaring Fork Preserve, LLC to the Public Trustee of Garfield County for the use of
Alpine Bank showing an original amount of $1,040,000.00, dated April 13, 2000 and recorded April 21,
2000 in Book 1183 at Page 442.
Exceptions Number
American Land Title Association
Owner's Policy Schedule 6 Form 2005-47
N/A are hereby omitted.
CONDITIONS AND STIPULATIONS
(Continued)
•
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the insured claimant who has suffered loss
or damage by reason of matters insured against by this policy and only to
the extent herein described.
(a) The liability of the Company under this policy shall not exceed the
least of:
ft) the Amount of Insurance stated in Schedule A: or.
(ii) the difference between the value of the insured estate or interest as
insured and the value of the insured estate or interest subject to the defect.
lien or encumbrance insured against by this policy.
(b) in the event the .Amount of Insurance stated in Schedule A at the
Date of Policy is less than 80 percent of the value of the insured estate or
interest or the full consideration paid for the land, whichever is less, or if
subsequent to the Date of Policy an improsement is erected on the land
which increases the value of the insured estate or interest by, at least 20
percent over the Amount of Insurance stated in Schedule A. then this
Policy is subject to the following:
(i) where no subsequent improvement has been made. as to any partial
loss. the Company shall only pay the loss pro rata in the proportion that
the amount of insurance at Date of Policy bears to the total value of the
insured estate or interest at Date of Policy; or
(ii) where a subsequent improvement has been made, as to any partial
loss, the Company shall only pay the loss pro rata in the proportion that
120 percent of the Amount of insurance stated in Schedule A bears to the
sum of the Amount of Insurance staled in Schedule A and the amount
expended for the improvement.
The provisions of this paragraph shall not apply to costs. attorneys' fees
and expenses for which the Company is liable under this policy. and shall
only apply to that portion of any loss which exceeds, in the aggregate, 10
percent of the Amount of Insurance stated in Schedule A.
(c) The Company will pay only those costs. attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations.
8. APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels
which are not used as a single site, and a loss is established atTecting one or
more of the parcels but not all. the loss shall be computed and settled on a
pro rata basis as if the amount of insurance under this policy was divided
pro rata as to the value on Date of Policy of each separate parcel to the
whole, exclusive of any improvements made subsequent to Date of Policy.
unless a liability or value has otherwise been agreed upon as to each parcel
by the Company and the insured at the time of the issuance of this policy
and shown by an express statement or by an endorsement attached to this
policy.
9. LIMITATION OF LIABILITY.
(at If the Company establishes the title, or removes the alleged defect.
lien or encumbrance. or cures the lack of a right of access to or from the
land, or eures the claim of unmarketability of title. all as insured. in a
reasonably diligent manner by any method, including litigation and the
completion of any appeals therefrom. it shall have fully performed its
obligations with respect to that matter and shall not be liable for any loss
or damage caused thereby.
(b) In the event of any litigation, including litigation by the Company
or with the Company's consent, the Company shall have no liability for
loss or damage until there has been a final determination by a court of
competent jurisdiction, and disposition of ail appeals therefrom, adverse to
the title as insured.
(c) The Company shall not be liable for Toss or damage to any insured
for liability voluntarily assumed by the insured in settling any claim or suit
without the prior written consent of the Company
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
OF LIABILITY.
All payments under this policy, except payments made for costs.
attorneys' fees and expenses, shall reduce the amount of the insurance pro
tanto.
11. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance under this policy
shall be reduced by any amount the Company may pay under any policy
insuring a mortgage to which exception is taken in Schedule B or to which
the insured has agreed. assumed. or taken subject. or which is hereafter
executed by an insured and which is a charge or lien on the estate or interest
described or referred to in Schedule A. and the amount so paid shall be
deemed a payment under th„ policy to the insured owner.
12. PAYMENT OF LOSS.
fa) No payment shall be made without producing this policy for endorsement
of the payment unless the policy has been lost or destroyed. in a hich case proof
of loss or destruction shall be furnished to the satisfaction of rhe Company.
NM1 PA10
ALTA Owner's Policy (10-17-92)
Form 1190-3 Cover Page
ORIG
(b) When liability and the extent of loss or damage has been definitely
fixed in accordance with these Conditions and Stipulations, the loss or
damage shall be payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
lal The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this
policy- all right of subrogation shall vest in the Company unaffected by
any act of the insured claimant.
The Company shall be suhrogated to and be entitled to all rights and
remedies which the insured claimant would have had against any person or
property in respect to the claim had this policy nut been issued. If
requested by the Company. the insured claimant shall transfer to the
Company alI rights and remedies against any person or property necessary
in order to perfect this right of subrogation. The insured claimant shall
permit the Company to sue. compromise or settle in the name of the
insured claimant and 10 use the name of the insured claimant in any
transaction or litigation involving these rights or rernedies-
If a payment on account of a claim does not fully cover the loss of the
insured claimant. the Company shall be subrogated to these rights and
remedies in the proportion which the Company's payment bears to the
whole amount of the loss.
If loss should result from any act of the insured claimant. as stated
above. that act shall not sold this policy, but the Company. in that event.
shall be required to pay only that part of any losses insured against by this
policy which shall exceed the amount. if any, lost to the Company by
reason of the impairment by the insured claimant of the Company's right
of subrogation.
(b) The Company's Rights Against Non-insured Obligors.
The Company's right of suhrogation against non-insured obligors shall
exist and shall include. without limitation, the rights of the insured to
indemnities, guaranties, other policies of insurance or bonds.
notwithstanding any terms or conditions contained in those instruments
which provide for subrogation rights by reason of this policy.
14. ARBITRATION
Unless prohibited by applicable law. either the Company or the insured
may demand arbitration pursuant to the Title Insurance Arbitration Rules
of the American Arbitration Association. Arbitrable matters may include.
but are not limited to. any controversy or claim between the Company and
the insured arising out of or relating to this policy, any service of the
Company in connection with its issuance or the breach of a policy
provision or other obligation. All arbitrable matters when the Amount of
Insurance is 51,000,000 o. less shall be arbitrated at the option of either the
Company or the ins^re,i, All arbitrable matters when the Amount of
insurance is in excess of b1,000.000 shall be arbitrated only when agreed to
by both the Company and the insured. Arbitration pursuant to this policy
and under the Rules in effect on the date the demand for arbitration is
made or, at the option of the insured, the Rules in effect at Date of Policy
shall be binding upon the parties. The award may include attorneys' fees
only if the laws of the state in which the land is located permit a court to
award attorneys' fees to a prevailing party. Judgment upon the award
rendered by the Arbitratorlsl may he entered in any court having
jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the
Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT.
(a) This policy together with all endorsements, if any. attached hereto
by the Company is the entire policy and contract between the insured and
the Company. In interpreting any provision of this policy. this policy shall
be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence.
and which arises out of the status of the title to the estate or interest
covered hereby or by any action asserting such claim. shall be restricted to
this policy.
(c) No amendment of or endorsement to this policy can be made
except by a writing endorsed hereon or attached hereto signed by either the
President, a Vice President, the Secretary, an Assistant Secretary, or
validating officer or authorized signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable
under applicable law, the policy shall be deemed not to include that provi-
sion and all other provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT.
All notices required to he given the Company and any statement in writing required
to be furnished the Company shall include the number of this policy and shall be
addressed to its Corporate Headquarters. 101 Gateway Centre Parkway, Gateway
One. Richmond. Virginia 23235-5153. Mailing address: P.O. Box 27567. Richmond.
Virginia 23261-7567.
INAL
Valid Only If Face Page, Schedules A and B Are Attached
JAN.24.2002 10:53AM PITKIN COUNTY TITLE Na 0937 P. 2/9
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
t _ Effective Date: January 16. 2002 at 8:00 AM Case No. PCT1653SPR
2. Policy or Policies to be issued:
(a) ALTA Owner's Policy -Form 1992 Amount 0.00
Premium$ 0.00
Proposed Insured: Rate:
(b) ALTA Loan Policy -Form 1992
Proposed Insured:
Amount$ 0.00
Premium$ 0.00
Rate:
Tax Certificate: $10.00
3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the
effective date hereof vested in:
ROARING FORK PRESERVE LLC, A COLORADO LIMITED LIABILITY COMPANY
4. The land referred to in this Commitment is situated in the County of GARFIELD State of COLORADO and
is described as follows:
See Attached Exhibit -A"
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS
ASPEN, CO. 81611
970-925-1766
970-975-6527 FAX
AUTHORIZED AGENT
Schedule A-PG.1
This Commitment is invalid
unless the Insuring
Provisions and Schedules
A and B are attached_
JAN. 24. 2002 10:54AM PITKIN COUN-Y TITLE NO. 0937 P. 3/9
EXHIBIT "A"
LEGAL DESCRIPTION
A parcel of land situated in Government Lots 12 and 13 in Section 35. and in Government Lots 14 and 15 in Section 36,
Township 7 South, Range 88 West of the 6th Principal Meridian, County of Garfield, State of Colorado, said parcel lying
Northerly of the Northerly right of way of Garfield County Road No. 100, and being more particularly described as follows:
Beginning at the North right of way line of Garfield County Road No. 100, from which the witness corner for the South
quarter comer of Section 35, a No. 6 rebar found in place bears S 81°49'57' W 1416.62 feet (record tie: S 81'55' W
1417.05 feet);
thence along said right of way S 87'28'17" E a distance of 425.14 feet;
thence along said right of way S 88°35'41" E a distance of 154.64 feet;
thence along said right of way N 88°45'26" E a distance of 310.37 feet to the TRUE POINT OF BEGINNING;
thence N 01°14'34" W a distance of 1206.34 feet to a rebar and cap, PLS #26950;
thence N 67°3944" W a distance of 478.58 feet to a point on an existing fenceline being a rebar and cap, PLS #26950;
thence along said fenceline N 00°40'07" E a distance of 410.00 feet to a rebar and cap, PLS #26950;
thence S 65°12'47" E a distance of 389.37 feet to a rebar and cap, PLS #26950;
thence S 78°31'47" E a distance of 82.93 feet to a rebar and cap, PLS #26950:
thence S 62009'01" E a distance of 155.56 feet to a rebar and cap, PLS #26950;
thence N 66°12'16" E a distance of 185.69 feet to a rebar and cap, PLS #26950;
thence S 78°29'52' E a distance of 277.46 feet to a rebar and cap, PLS #26950:
thence S 65°19'05" E a distance of 252.12 feet to a rebar and cap, PLS #26950;
thence S 89058'08" E a distance of 420.28 feet to a rebar and cap, PLS #26950;
thence N 30°22'30" E a distance of 251.43 feet to a rebar and cap, PLS #26950;
thence N 72°44'29" E a distance of 264.93 feet to a rebar and cap, PLS #26950
thence North a distance of 740.00 feet to a rebar and cap, PLS #26950;
thence N 89°53'49" E a distance of 600.00 feet to a rebar and cap, PLS #18478 at the Northeast corner of Government Lot
14 in Section 36;
thence S 00°16'36" E a distance of 674.92 feet to the Southeast corner of Government Lot 14, also being the Northeast
corner of Government Lot 1 S;
thence S 00`16'36" E a distance of 1413.08 feet along the Easterly line of said Government Lot 15, to the Northeast corner
of that parcel of land described in Book 763 at Page 727;
thence following ten (10) courses along the Northerly and Westerly lines of those parcels of land described in Book 763 at
Page727 and in Book 765 at Page 933 of the Garfield County records:
S 22°04'22" W 22.78 feet:
thence S 02°38'40" W 115.26 feet;
thence S 78°59'17" W 220.50 feet;
thence S 81°58'57" W 266.62 feet;
thence N 81°47'11" W 67.60 feet:
thence N 84°42'56" W 88.95 feet;
thence N 84°42'56" W 114.68 feet;
thence S 79°02'17" W 120.81 feet:
thence N 87°27'14` W 227.54 feet;
thence S 15°25'16" W 192.83 Leet to the Northerly right of way of Garfield County Road No. 100;
thence along said right of way S 88°45'26" W a distance of 1028.69 feet to the TRUE POINT OF BEGINNING.
JAN. 24, 2002 10:54AM PITKIN COUNTY TITLE NO.0937 P. 4/9
SCHEDULE B - SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the
estate or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly
filed for record to -wit:
THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A
CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE
EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO
MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE
RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS
ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION
CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED
WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY
IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE.
JAN. 24. 2002 10:54AM FITKIN COUNTY TITLE Na 0937 P. 5/9
SCHEDULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following 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, 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. Taxes due and payable; and any tax. special assessment, charge or lien imposed for water or sewer
service or for any other special taxing district.
7. 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 right of way for ditches or canals constructed by
the authority of the United States as reserved in United States Patent recorded June 1. 1899 in Book 12 at
Page 511,
8. Easement and right of way as granted to The Mountain States Telephone and Telegraph Company in
instrument recorded November 19, 1970 in Book 415 at Page 97.
9. Sixty foot road easement conveyed in Deed recorded December 30, 1999 in Book 1166 at Page 920.
10. Ditches, powerlines all matters as disclosed by Survey of Scarrow & Walker dated December 27, 1999.
11. Terms, conditions, provisions, obligations and ail matters as set forth in Resolution of the Board of County
Commissioners of Garfield County recorded August 21, 2001 in Book 1279 at Page 57 as Resolution No.
2001-60.
12. Deed of Trust from :
To the Public Trustee
For the use of
Original Amount .
Dated
Recorded
13. Deed of Trust from :
To the Public Trustee
For the use of
Original Amount
Dated
Recorded
Reception No.
ROARING FORK PRESERVE, LLC
of the County of GARFIELD
ALPINE BANK
$ 1,040,000.00
April 13, 2000
April 21, 2000 in Book 1183 at Page 442
ROARING FORK PRESERVE, LLC
of the County of GARFIELD
DOUGLAS P. ALLEN, JR.
$550,000,00
November 29, 2001
December 5, 2001
592994
JAN.24. 2002 10:55AM r: -KIN COUNTY TITLE NO. 0937 P. 6/9
ADDITIONAL INFORMATION
AND DISCLOSURES
The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above:
(1) The Deed of Trust, it any, required under Schedule B -Section 1.
(2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND
MORTGAGE POLICY TO BE ISSUED HEREUNDER)
Pursuant to Insurance Regulation 89-2
NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a
single family residence (including a condominium or townhouse unit) (1) of that title entity's general
requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or
materialmens liens, except when said coverage or insurance is extended to the insured under the terms of
the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics'
and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must
be furnished to the Company. Upon receipt of these items and any others requirements to be specified by
the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when
issued. Please contact the Company for turther information. Notwithstanding the foregoing, nothing
contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide
mechanics or materialmens lien coverage.
NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for
the recording or filing of legal documents from said transaction, the Company will be deemed to have
provided "Gap Coverage'.
Pursuant to Senate Bill 91-14 (CRS 10-11-122)
(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 form the County treasurer of the
County Treasurer's Authorized Agent;
(c) Information regarding Special Districts and the boundaries of such districts may be obtained from the
Board of County Commissioners, the County Clerk and Recorder, or the County Assessor,
NOTE: A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereof
charged to the proposed insured unless written instruction to the contrary are received by the company
prior to the issuance of the Title Policy anticipated by this Commitment,
Pursuant to House Bill 01-1088 (CRS 10-11.123)
If Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or
leases, pursuant to CRS 10-11-123 (HB 01-1088), this is to advise:
(a) There 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 owners'
permission.
Thiscommitment is invalid unless
the Insuring Provisions and Schedules
A and B are attached.
Schedule B -Section 2
Commitment No- PCT16535PR
JAN. 24. 2002 1 :55AM PITKIN COUNTY TITLE Na 0937 P. 7/9
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, THIRD FLOOR
ASPEN, CO 81611
970-925-1766970-925-6527 FAX
TOLL FREE 877-217-3158
WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE
ARE AS FOLLOWS:
ALPINE BANK -ASPEN
600 E. HOPKINS AVE.
ASPEN, CO. 81611
ABA ROUTING NO. 102103407
FOR CREDIT TO:
PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT
ACCOUNT NO. 2020055778
R E FE R E NC E: PCT16535P R/
,'AN. 24. 2:02 ", i:;;4a" L_`KIN COUNTY 7IT'LE NO. 0937 P. 8/9
Pitkin County Title, Inc.
Privacy Policy
We collect nonpublic information about you from the following sources:
• Information we receive from you, such as your name, address, telephone
number, or social security number;
• Information about your transactions with us, our affiliates, or others. We
receive this information from your lender, attorney, real estate broker, etc.;
and
• Information from public records
We do not disclose any nonpublic personal information about our customers or former
customers to anyone, except as permitted by law.
We restrict access to nonpublic personal information about you to those employees
who need to know that information to provide the products or services requested by
you or your lender.
We maintain physical, electronic, and procedural safeguards that company with
appropriate federal and state regulations.
JAN, 24. 2002 10:56AM FITKIN COUNTY TITLE N0,0937 P. 9/9
Fidelity National Financial Group of Companies' Privacy Statement
July 1,2001
We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy
laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"). and to
whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement
provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy
laws_
In the course of our business, we may collect Personal Information about you trom the following sources:
• From applications or other forms we receive from you or your authorized representative;
• From your transactions with, or from the services being performed by, us. our affiliates. or others;
■ From our internes web sites;
■ From the public records maintained by governmental entities that we either obtain directly from those entities, or from our
affiliates or others; and
From consumer or ether reporting agencies.
Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information
We maintain physical. electronic and procedural safeguards to protect your Personal Information from unauthorized access or
intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing
products or services to you or for other legitimate business purposes.
Our Policies and Practices Regarding the Sharing of Your Personal Information
We may share your Personal Information with our affiliates, such as insurance companics, agents, and other real estate settlement
service providers. We also may disclose your Personal Information;
• to agents, brokers or representatives to provide you with services you have requested;
• to third -party contractors or service providers who provide services or perform marketing or other functions on our
behalf; and
• to others with whom we enter into joint marketing agreements for products or services that we believe you may find of
interest.
In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so.
or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by
applicable privacy Iaws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement,
transaction or relationship with you.
One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such
documents may contain your Personal Information.
Right to Access Your Personal information and Ability To Correct Errors Or Request Changes Or Deletion
Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your
Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of
your Personal Information. We reserve the right, where permiucd by law. to charge a reasonable fee to cover the costs incurred in
responding to such requests.
All requests must be made in writing to the following address:
Privacy Compliance Officer
Fidelity National Financial, Inc.
4050 Calle Real. Suite 220
Santa Barbara, CA 93110
Multiple Products or Services
If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We
apologize for any inconvenience this may cause you.
FEB. 6.2002 3:47PM EHG: 970 963-0985 N0.801 P.1/10
LAW OFFICES
ROBERT B_ EMERSON, P.C.
es SOLJTN THIRD STREET
OARSONOALE COLORADO 61620
RO6ERT FS EMERSON
February 6, 2002
VIA FACSIMILE TO 384-5005
Mr. Don DeFord
Garfield County Attorney
109 Eighth Street, Suite 300
Glenwood Springs, CO 81601
Re; Roaring Fork Preserve
Dear Don:
(Q70) 469-3700
IdYj
PrAX Iwo) 063-O9615
To follow up on our telephone conversation regarding the above -referenced matter, I am
enclosing sample documents utilized by the Town of Carbondale in connection with
Phase 5, River Valley Ranch Subdivision. Included is a copy of the general warranty
deed given to the Town for streets and a copy of the title insurance policy.
My understanding is that you will review these documents and make a determination of
whether proceeding in a similar fashion with Roaring Fork Preserve Subdivision is
acceptable, If so, I am assuming that the attorneys certificate on the plat would be
eliminated. Please let me know as soon as possible how you wish to proceed.
On another matter relating to this subdivision, I also wanted to discuss with you the
timing of providing the letter of credit to secure the cost of completing public
improvements. I am proposing that the developer provide the County with a
commitment letter from Alpine Bank, committing the Bank to issuing a letter of credit
once final plat approval is given by the Commissioners but before recording of the plat.
The form of letter of credit would be attached to the commitment and the amount would
be predetermined and included in the Subdivision Improvements Agreement. The letter
itself would be issued immediately following approval by the board. The County staff
would hold the plat and other documents for recording until the original letter of credit
had been delivered to the County. Obviously, nothing would go of record until the letter
of credit was in the County's hands. I am assuming that such a procedure would be
FEB. 62�2 3:47PM EVIG: 970 963-0985 NO.801 P.2'10
Mr. Don DeFord
February 6, 2002
Page 2
acceptable to you, but wanted to make sure I was correct in this before we proceed. If
you have any problems with this proposal, please let me know as soon as possible.
Sincerely,
Robert B. Emerson
RBE/rjj
Enclosures
cc: Dave McMorris, without enclosures (via facsimile to 963-7493)
Ron Liston, without enclosures (via facsimile to 945-4066)
4
July 1, 2003
UACK ENGINEERING SERVICES
wastewater reuse & resource recovery systems - constructed
wetlands - clean water plans - water resource determinations
water right adjudications - well design & construction - pump
stations - storage tanks - urban master planning &
comprehensive plans - criteria manuals for drainage, roads,
water & sewer -- drainage studies - surveying - subdivision
design & project management
Mr. Mark Bean, Planning Director
Garfield County Building & Planning Department
109 Eighth Street
Glenwood Springs, Colorado 81601
Dear Mr. Bean:
RECEIVED
JUL 0 8 2003
GARF-IELD COUNTY
BUILDING & PLANNING
My services were recently retained by Mr. Ernemann in order to provide an ISTS design layout
for Lot 2 in the Roaring Fork Preserve Subdivision near Carbondale.
He informed me that your Department, or maybe even you, yourself. had apparently quoted
from an existing document the ISTS type facilities that have been approved for use in Colorado,
with the previously -selected and covenant -specified Cromaglass treatment system among
them. I already have ample data on said Cromaglass system but have been trying for some
time to discover where or what this listing is
From word of mouth I knew something like that existed but somehow never managed to retain a
copy of it. It is a fairly important issue and I would appreciate it very much if you could fax me a
copy of this listing or provide me with the name of the document and page number(s) in which it
is contained. A simple phone call to that purpose would be equally appreciated.
My business phone number is (303) 910-5309 and the fax number is (303) 756-5069. I will
gladly pay any associated charges or purchase a copy of the full document if it can be obtained
from your Department.
It seems likely that we will talk in the near future, and possibly meet in person, due to my
involvement in the aforementioned project and I am looking forward to that encounter.
Sincerely,
112/L- 1A4":-/
Evert L. Ackslan van Vriesland
President
Mack Engineering Services, Inc.
3095 East Bates Avenue, Denver, Colorado 80210
(303) 910--6309
, 11PR-0e-2202 11:09 FROM:
Beach ErrvtronmentaI, LLC
March 8, 2002
Land Design Partnership
Mr. Ron Liston
918 Cooper Avenue
Glenwood Springs, CO 81601
Re: Roaring Fork Preserve Building Envelopes
Dear Ron:
TO:97094540E6 P.002'002
Per your request, I have reviewed the Final Plat for the Roaring Fork Preserve,
completed by High Country Engineering, Inc. and dated February 25, 2002. The
on-site reconnaissance completed in September 2000 by Beach Environmental
indicated that wetlands existed within the 90 -acre parcel and within several of the
proposed building envelopes. The new plat depicts building envelopes that have
been adjusted to avoid all jurisdictional wetland areas.
In addition, I have spoken with Steve Anthony of Garf eld County, and upon review
of additional information provided to him by this fimi, his previous concerns with
the proposed site and building envelope locations have been mitigated to his
satis faction,
If you have any additional questions, please feel free to contact me at 925-3475.
Sincerely,
By
0236(_bo.doe
715 ik Miln
SuIrc 304
Aspat CO 2l lo I 1
T.l (7701 725-3475
fox 92y 4754
.� MAR. 8.2002 I1: 03AM .
EHG: 57? 963-0965 NO.e37 2/5
QLTT CLA,LNI DEED
This Quit Claim Deed is made this /.i day of August, 2001, between George
R. Kilby and Farley S. Kilby, joint tenants (hereinafter "Grantors") and Roaring Fork
Preserve, LLC, a Colorado limited liability company (hereinafter "Grantee");
WITNESSETH:
That the Grantors, for and in consideration of Teri Dollars ($10,0
good and valuable consideration, the receipt and sufficiency of whic
acknowledged, have remised, released, sold, assigned, conveyed aid
CLAIMED, and by these presents do remise, release, sell, convey and Q
unto Grantee, its successors and assigns, forever, all the right, title, interim aim
and demand which Grantors have in and to the road easement as described in a
deed recorded as Reception No. 557355 in Book 1166 at Page 920 of the records
of the Garfield County Clerk & Recorder, and described as follows:
A 60.00 FOOT WIDE STRIP OF LAND SITUATED IN GOV'T LOT
15, SECTION 36, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE
SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF
COLORADO, SAID EASEMENT LYING 30.00 FEET ON EITHER
SIDE OP TEE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT A POINT FROM WHICH THE WITNESS CORNER
FOR THE SOUTH QUARTER CORNER OF SAID SECTION 33
BEARS SOUTH 86°25'18" WEST, A DISTANCE OF 3327.37 FEET,
THENCE NORTH O8°23'59" EAST, A DISTANCE OF 1119.78 FEET,
THENCE NORTH 00°01152" EAST, A DISTANCE OF 328.76 FEET
TO A POINT WHICH IS THE TERMINUS AND FROM WHICH THE
WITNESS CORNER FOR THE SOUTH QUARTER CORNER OF
SEC'T'ION 35 BARS SOUTH 64°2442* WEST, A DISTANCE OF
3808.84 FEET.
GARFIELD COUNTY, COLORADO
TO HAVE AND TO HOLD the same, together with all and singular appurtenances
and privileges thereunw belonging or to anywise thereunto appertaining, and all
the estate, right, title, interest and claim whatsoever, of the Grantors, either in law
or in equity, to the proper use, benefit and behoof of the Grantee, its successors
and assigns forever,
EXHISIT A
MAR. 8.3002 11: 3AM EHG: 972 963-0985
N0.e3r =.3%5
IN WITNESS WHEREOF, the Grantors have executed this deed on the date set
forth above.
Farley S. y
State of Calory _ )
)ss.
County of Garfield j
Subscribed and sworn to before me this 15th day of August
2001, by Farley 5. Kilby.
Wimess my hand and official seal.
Notary ' blic
My commission expires: August 6, 2005
State of Colorado )
) ss.
County of Garfield
Subscribed and sworn to before me this 15th day of August , by
George R. Kilby.
Witness my band and official seal.
My commission expires:
7 40
fa .
�1 q1
Notary Public
August 6, 2005
$/14/01-C:\Corel\Rsaluate-R\Ki1by RFP Quit G'3.im peed,wpd
-..0..s-
MAR. 3.2002 11:04A1 EHG: 572 963-0985
EX1 IT 3
DEED OF BASEMENT
NO.037 P.4/5
Copy
THIS DEED OF EASEMENT, is made and granted this if day of200+,
by George R Kilby and Farley S. Kilby, GRANTORS, in favor of, Roaring F rk Preserve, LLC,
a Colorado limited Ixabillty company, GRANTEE.
WITNESSETH:
The Grantors, for and in consideration of the sum of Ten Dollars ($10,00) and other
good and valuable consideration, the receipt and sufficiency of which is aclaiowledged, do
hereby grant, convey, and quit claim unto said Grantee, its successors and assigns, a perpetual
non-exclusive emergency access easement over and across the property described in Exhibit A
attached hereto and incorporated herein by this reference.
Said easement shall be for emergency access purposes, including the right to construct,
repair and maintain a roadway thereon sufficient for use by emergency vehicles, The
Grantee shall have the right to enter upon said premises for said purposes,
The provisions of this easement shall be binding upon and inure to the benefit of the
parties hereto and their respective successors and assigns,
Th.r WT NESS WHEREOF, the Grantors have executed this Deed of Easement the day and
year first above written,
George R. Kilb
STATE OF
44 Laos ie 0
COUNTY OF a .,- . /II
)
) ss.
)
Subscribed, sworn to, and acknowledged before me this
, 2001, by George R, Kilby,
Witness my hand and official seal
, }') )
7 iia of
�' 1
-0...0
Notary Public
My commission expires: - S -20,
STATE OF y --a. 010
SS.
COUNTY OF Gt r? --r• ` e- /o )
Subscribed, sworn to, and acknowledged
, 2001, by Farley S. Kilby.
' Witness my hand and official seal,
before me this
Notary Public
My commission expires: 6. 9-
8/97/O1-S:WateN.Rain\WDATAMEdoe-R1.1t7P Deed oeSWIM eac •f t&: n yAcces .nd
day, of • .
0i;,
�o
_iiR. .200`c 11 a4h!^ EriG: S7- 9e3-0985 N0.037 =.5-'5
1'. A17.112.1 11t1Al2- V f
EMEJ C NCY
SITUATED IN Gpp VE.RNMENT LOT >5' S C3"I0N .5'6'
T4)YAI.IYIP 7S_I1TH, RANG. ' 88 H'O'ST' OF "E 6th P.31 o py
rr
COUNTY OF G�4RR1�7'�Il, STATE OF COLORADO.
h _ 776 �'
•
•fo'so"E
s.
1. r, 34686'
4/0/00 h. 4';i d .w:�,.• .
�p� a 757�6 04 " W
. N77 40'50 c
7.'Q7 1 ! 7514'
85
ti
asa
5 0073000' E
JGtCk3 .
72049
R :fel"
s 1".
d a 2312'27-
R ,. 115.00'
- 10.0 5.?W-W
4426' P'9 � dO�r
✓
''O7' W
▪ 3I
,-5,..,,.
N 5$j ▪ "e
J2.94'
fey SE'CT1aiv , ?
ROARING FORA" SESAR ifs'
. LSZatJ'RIY D1'•5'CRlP?I[7N
.t 30 "ant Ementreiey VekCoie .cher!► ea.reerirnt adtttated ist. ra rt of Grad property ratord.d
els R.ebplioas Na of the Garfield County records. Satd raagrnsstt brirt9 gffi iod its
Covrr,syeewrtt Lel 14. swift:. She`,. town hp 7 .ro rn lecrnarr 88 Dorf of ea mai Jl ridia't.
County 4! Gafyleid $'tale of Coiorada nth ami 3ra rfalets saestainrd hterr ie beim, micas,' !o 4
bast -trig of N RO.11'.30' 3 along the reset Arse Of the Roar'irsa park Preserver Saatfildriari. as recorded
tart that dlarfiatd peweiy rseortte Said eonativafecy earern Art b.;rw Maar. pmrt[rtiriorlie as.eribdd al -Pei aiataw
.9rytst tiry6 at a paatist >trlh.ttdr eh, ultimo-, ',arrow' to the Sottdk orst-grsarAIM" oernbr Ste SItlran ss
of said Thum -whip Erna! Jtia,r,p. bemv 3 3.S" ? ar. A. 9,124.86 Pere. thence N-a9•61'0a X. a
tare. of .FT. 04 fest to the paint of curve at a non tatittera eurma to Her rt t, ar Which A.
/.thea/ofant Moe ,M.S3-d/'.t'1 'A', a reattal dier�aaoe eir 1/.naa
000 fiat thermal nrtJka orJoriO the erre.
throw!, a central arri6Lr of 1.,1721.2.50', a drsfanee of 46.68 ;oat Mono' 14!Pa'/679' , a df'ta■uPe
Qf 1.13.16 pue Oa a palm of euwv. qn the ri M 404/01,9 a radius. of 115.00 fiat and ar. Oerelrsa angle
of 41'(5.014: Marra* a or -meant/ miaow the aro a t e.etano. 9f RASO ftet tMwlmte IV..RI•2Z 42 Z.
.Khan a of /rte Sy' fiat too point of tea,,o to the /teat Aasraos a radisot Ri f. fifes and a central
ate% of 75'fe'D4", tlw+oe tontarty Wong the aro a We tartan of 637-.82 feet; thence
A'0'ip ! a6 `p, a mane* of 163.7.1 feet t1/411100 a rviV8a "r':, o "hawse. of.U4 st fait:'
Matey South. a diatmnae of J0.00Q ,fir(.- 6h*7eo. N.d '1J0'9.t "t:, a d etarwe a dfa 57 Awe thew»
N.70'.fecie"ar, a dretmew 4f /47.2.0 flat to s paint of aurae to 17h. tuft Aavpf.0 a radCw af /4.80
fest arid a e.ntrat angle of 75'/S 04 r Moore adootorlir along me area t tstanoe of /9.61 And:
Marto, X. 04'ea?'42 "t a dist.+tea 4/ On'. 6-7 ,sot to a point at .manic to the AV" having a rather of
8S. 00 Abet acid a ewretrat easels of 4.rta'0/ fhsa.nr roe. o%eetr the are a Mal6
Maltase* of L71'
feet Manure S OJ I6'12"8'., a arladartas of 1.14.14? dot to at of otsa . to like left havfast a
eulfata of 6500 fest alma! a *antral anger of 26";4042"; tlteatoe eouthometteedy stormy the aro a
distanrars of 54,44 feet is Who P0.&V7' OP aramwN&C
evnioamiaur 24,78.82 d srs feet or 0.4780 derma more err' !bare
goplabi ENGINtEXRDZO - Mac__ _
QVII.
Sal
i 1. a1AB
Ib
EXHIBIT A
FEE -07--2002 12:54
r
invoke Number:
tend County ty 1 1
&—.11 &
tM1211upeswish OM.. 8W M06
LIU. MOON
rierilt-0,71462$4.ui Fax. fl 254627
13 Invoice Date: 1/111
Hill To: George Kilby
,CCS
Driveway Permit Number; 17
$15.00 per Driveway Permit.
Driveway Permit .at $15.00
Total Dur: $15.00
Thank You!
PA I RD
41/
EXHIB1T fi pgl
P.21
FEE -07-2022 12.5E
13----
Garcia CrountyJ
Application Dale: 1117/01
Tent inadon Date:4/9101
['Astrid: 1
iced fpr Y]r'vterra Pt it
Permit Number:17
CoLruy Road Ncotsber: 100
Sub-Conir+actlor:
Prrsrritaa Georg( Xiiby
Inspector: finny Gardner
o
fission and authority from the Hoard of Csunzy Comenissicoers to t a
George aper achhere( requests paras } located on the
drivt�trry approach (e3) On the rigrtt•of-way off'of Coursty Road 14Q adjacent to Applicant's property
lily side of road kr the purpose of obtaining &cows to property,
Applicant submits herewith for the consideration and approval oche Bct.rd of Courtly Coonniseloaers, a sketch of tha
proposed installation showing all the necessary specification detail including:
1. Frontage of lot Moog road,
2. Distance from centerline of coed to property litre
3, Number of driveways requested
4. Width of proposed driveways and rtcgfr of approach.
1. Distance from driveway to raid intersection, if any,
6, Size sad.sbage of urs separating driveways if =re than one approach.
jam; 7. Setback distance of buildi s) and other Structure improvemuitl. at subdivision
1 No unloading of equiprneru on county toed, nary damage caused to musty road will be repaired
expo, completion.
9. Responsible for two years horn the date of comp
Cienaml Provision:#
l) The applicant represents all parties in Interest. and affirms that the driveway spproacie(es) is to be saasuucted by
him for then bona fide purpose of securing access 10 his property and nut far the purpose of doing business or
servi�uty vrtucics un the road right of way
2) The applicant shall furnish all labor used materials, per rerm all work and pay all costs in connection with the
constriction cite driveway(s). All work shall be completed within thirty (3O) darns of thio permit date
3) The type of construction shall be es designated andlor approved by the Board of County Commissioners or
of the
repreneraive, and ail /materials toed shall be or satisfactory quality and subject to inspection and app
roval Board of County Commissioners or their rrpm 1Livs.
4) The traveling public shell be protected during the iustallaikst with proper warning si11o' and signals. and the Bowel
Bowes
of County Comm.issioae s and their duly appointed agents and employee shall be held harmless against .wy
for pessonai injury or property damp sustained by any reesoa of the exercise of ties Permit.
Z) The Applicant shall assume responsibility rot the removal or clearance of snow, :cc, or size upon any police -1 removalof
the driveway approae:le(es) even Omaghdeposited on the drlveway(si in the count of the County arrow
operations.
E]L13IBIT B pg2
-__-?-20
P.7
to reitove Any right -of --way fence. the posts on either side of the eatrarICt and sl! posts "� !hall
6) In esu surely
bit bocaut r necessary went any stackir� of the rrss.i,.ing fencer
be sanely bxaoai before the fence is cert W Pr Cassts►isxio�rs.
removed shalt be turnd over to the District Road Supervisor of the Board of County
w 7) No revisions re additic s shell be ice& to the driveway(s) or its rppeattnseosa est the right.el-orgy without written
permission of the Board of County Cemmisaion+n•
of the Board +�F County
S) Provisions and specifications outlined herein shall apply on sfi i ss under
rftherth on urisdiction of
Coma issianers of Garfield County, Colorado, end the Sp�ece
1.erect Lad
lactrporated herein as condition' bumf.
UsgiBiSsalnkYr
2. stop situ, t5"culvert
3. subdivision entrance shall be asphalt 3" lacto from
CIOU
r100 back to prop' line.
pp
4. the eroaah writ eater st a 90de1r aother decorative items stall be on property of subdivision cot ao county
S. any stew pencts,socb, srru>zs,dtts
oni
right of way not on county right of way and shall6. any signs overhead or otherwise shad be on subdivisionproperty
obstruct line of sight to permit ar fulling, SO as Wert to track triad on
7- Y4' roadbsse shall be laid god
used until weather is warm eivJug!' F P
musty road will be placed es soon as weedier permits
g• Asphalt or concrete
9. Driveway will ba subject to final inspection whin Gvrrtpieted
• 10. Reesponslble kr two years from the data of completion
11. Must cel; Jake Mail at 876-2348 for final inspection.
{cation end upon receiving sutl ration and permission to unroll the driveway approach (es)'
Is ehesigning spit that he has read, yndasta,ads and a ls the foregoing pre' isioes sod
desons
cribed a r herein the act the d v signifies with the accompanying specification plan reviewed and approved
and ;grecs w construct the drivewe}La),� the 13paid JCaunty Commissioners.
SiPed:
Andress:
aeur*e Ibr
Tetephoue Number;
Permit granted X11 subject to the prpvlsions,'peaked= and conditions stipulated berries
For Scud of County Commissioners' of Garfield Conary, Colorado.
Representative of Garfield County Road and Bridge Sigantute
EXHIBIT B pg5
U
FE€ -0"-2002 12 56
s pacifies .a ti uJls
P.a3
1. A driveway aoproadi is ted to be that portion of the county road right -of way berweeto the pavement
Pip
and the property lice that is designee and used for the interchange of imine between the roadway and abutting
property.
2. At any intarseetiort, a driveway s sil1 be restricted fora sufficient disitaes from the intersection to
weave the
Marina! and safe atovcnte d of [raffle. (ft is recommc ded far rail residence entrances brat a minimum
ineetriectfoa clearance of n fed be pfpvidcd and for rural cormtrercial entrances a oairt mWi
of 100 feet be
provided.
3. Ali minima a rad exits shad be so located and ca®structed that vehicles approacltirtg
or icing thaw wild be able to
obtain adequate sighs distance in 'oath divactiatts along the minty road is ceder taw maneuver safely and without
interfering with county rued traffic.
4. The Applicant shall not be permitted to next any sign or display material, either fixed or movable, on or
estandiTtg over any portion of the county road right -cif -way.
one a to&th shall be allcwod any parcel or property the fioas of which is less than
5 Ge>iaa no [rote titan pP els having a frontage in rheas of one beaked 100)
one hurr�dr tt+d (I 00) fent. A4ltltional entrances or exits for t�
flet shall be ptsmilted only after showing of actual ccrr en etace and necessity.
6. All driveways shall be so located tint the flared portion iutacent to the traveled way will not crier aegis upon
adjoining property.
7. No commercial driveway shall have a width gicattx than tthiry (31:1) feet ttteasurecl at right :ogles to the centerline
reseed pennies
thea tweaibie radii m
No aossomerclai driveway shall have a wide' Mata'
of the drivee iy ay sleep; u (2 2O) fleet trod at right angles to the centerline of the driveway, exsect as increased by
;omissible radio•
beat right Angie 'a the centerline of the cowtty toad god of any angle
e.
between tersely (90) *ten sixty Ica! toadition.,.
be made according to the type of truffle to be Served and outer p
9. The construction of parking or scricing areas on the county road right-vf•way is specifically prohibited.
Commercial establ',sltt s for customer vehicles s}'.ould provide off -the -road perking facilities. as the
III The a shoulder
of * slope and exit shrill slope downward
tothe width of the sbouhdcr but in tae case less than twenty (20)
rrorrttal slyoetldKt chosen and for a distance �t OVA).
feet from the pavement alga. Approach grafi are restricted to not more [tan tart percent
1 ? . All driveways and approaches anuli be so coast:meted that they shall not interfere antis the drown ' of tic
street or county road. The Applicant will be required to provide, at his own expense, drainage structures at
entrances and exits, wh.Leh will become an Integral part of the existing drainage system- The Board of County
C.orncs:sssioners or their representative, print to installation, must approve the dirn1Dsious of aQ drainage
structures.
T t een of et approach to the road may
a but shall not be lees than sixty (60) &green. Adjustment will
and tY (bC) derives
t gap be made arailabie at the site where and wises work b being dorsa. Ark Wild � Or
Notes This the
s mast accomp►ay cep n. Nu permit w$1 be Issued without dream.
drawing of tM P !>�exh clri+e Y() blueprint, or sista.
EXHIBIT 3 P13
FEE -07-2002 12:56
Special Provisions for Excavation of Road Surface and installation
1) Any oversized material, (larger than 10 inches in diameter), that Is not utilized in bar -Will will be hauled all by
trtrmitee, Further, any frozen material will be removed from site by permittee.
2) When a paved or Wiped surface is cut, it is to be replaced with a minimum three— (b ha mix asphalt patch..
it when
Temporary patch with cold cr asphalt would be allowed, which ilh i is would
die weather c avaiiabilily of meta -kis allow the wort: to be completed. ohrtta[ asphalt law. A chipped seuc cut slit will
req1tire the road to be straight cut and squared by means when tchippas rat Kttks the
require a seal coal of the patch, which will be full width or half width of roadway ed All sea! costs will
road For iterates across the coed, the edges of tine seal coat w dl overlap tin existing edge.
overlap edges by a two of the roadway in the vicinity of the pt r ation. Asphalt hot sola or cold patches will be
completed in s maximum of five; (5) working Days. Wernher permitting.
3) WI= possibly all installations should avuid tato top edge of Qt1 slept
4) Esstsllatsens a drainages subject to flash Flooding will have a rr:ttdrrn:m bury of 4 feet deeper duo normal flow
lisle at nano( abutment wing wall. yr culvert.
5; Installations at culvert crossings will be buried beneath the culvert witb a mini tial separation of 18 inches
between inatailatioa and the bottom of the culvert,
to the traveled roadway shall be bxkf fed daily to within dilO feet dim worlds% ares of
6) theca trenches shall
a tic fence will be
the trersch. arid shall bo buricacied with warning deviLzs after dark. A 3 fcoAt high orange R�
installed daily to keep tivestot:ic out of the open trench after hours.
�,✓ 7) :n areas being disturbed where vegetation is establishcl, reseeding with a mixture either by brusrica>ititig, drilling
and muiching
w
with semixtures suitable to the climatic condition or existing vegetation will be performed. Use
only certified weed -free seed. Noxiatts weed cortti•ol will be ongoing along with retiegetstioa
3) The perrruttec should chsch the R. -O -W of surrow-sling'.andvarsen to see if other permit* are required, i.c.. BLId.
Forest Service
,-4
--
Representative Gerfleld Count; Road and Bridge
ucorge Kilby
6x1iIIII'l 3 pact
FEE -0? -23a2 13:07
Cir .L^^• 4.QJs
Subdivision Driveway Permit
George R. Kilby
Mayfly Bend Ranch Subdi vision
(970) 947-9733 (Ivan Perrin residence)
(256) 237-7289 (Kilby Nome phone)
(256) 310-2027 (cell)
North aide of Cr.100,
Stop Sign
15" Culvert
Subdivision entrance shall be asphalt 3" thick from Cr.100 back to
Property Cine.
The approach will enter at a 90 degree angle to Cr. 100.
Any new fences, rocks, scrubs_ dirt, or other decorative neons shall
be on property of subdivision not on county right-of-way.
Any signs overhead or otherwise shall be on subdivision property,
not on county right-of-way, and shall riot obstruct line of sight.
roadbase shall be laid and used until weather is warm enough
to permit asphalting, so as not to track mud on county road.
No unloading of equipment on county road,any damage cuused to
county road will be repaired at subdivision expense.
A"e? zA Cocrelin4
law
P.a1
eXALBIT A NOS .
TOTAL P.01
Garfield County Surveyor's Office
Samuel Phelps Colorado Registered Professional Land Surveyor No. 27613
Thursday, February 21, 2002
Mr. Mark Bean, Director
Garfield County Planning Dept.
109 Eighth Street
Glenwood Springs, CO.
81601
Re: Plat review of the Roaring Fork Preserve Final Plat
Dear Mark;
{ have reviewed the above referenced exemption plat and note the following comments or
corrections to be made to this plat prior to approval for survey content and form:
1. All Monumentation, found or set, must be fully described on the plat in
accordance with 38-51-106(F) CRS.
Sinc;
Samuel Phelps
As Garfield County Surveyor
GARFIELD COUNTY COURTHOUSE BUILDING
1 09 EIGHTH STREET, SUITE No. 207
GLENW00D] SPRINGS, CO. 81601