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1.0 Application
FRONING FAMILY SUBDIVISION AMENDED PRELIMINARY PLAN JULY 2020 Garfield County, Colorado Section1 Application and Ownership Documents • Application Forms • Ownership Deeds • Letters of Authorization • Agreement to Pay Form • List of Submittal Waivers • Pre -application Meeting Summary • Project Team Garfield County Community Development Department 108 8t' Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION 0 Minor Subdivision 1 Preliminary Plan Amendment 0 Major Subdivision Final Plat Amendment MI SketchOPreliminarynFinal NE Common Interest Community Subdivision Q Conservation Subdivision 0 Public/County Road Split Exemption I♦ Yield nSketch MI Preliminary =Final C[ Rural Land Development Exemption [i Time Extension 0 Basic Correction Exemption INVOLVED PARTIES Owner/Applicant pA.tiL NI O A FP..0$ I NCS `Dryw-D d iLL( H 11-i4, Name: )4. eM-4 s1 3ZA IA) J-1.4-TCH -Tr Mailing Address: PO Box 545 Phone: ( 970 ) 963-3455 City: CarbondaleState: CO Zip Code: 81623 E-mail: cimmaronwoodworks@msn.com Representative (Authorization Required) Name: Mark Chain Phone: ( 970 ) 309-3655 Malting Address: 811 Garfield Avenue City: Carbondale state: CO zip code: 81623 E-mail: mchain@Sopris.net PROJECT NAME AND LOCATION Project Name: P?1-I1N F/401 I L.)-1 S 4 S/° m'Y11-.614m)+.4.R-/ 11.-7,6 Assessor's Parcel Number: 01 7) 9 - 02 - (2 L - O 3 ' 31 Physical/Street Address: -706 (1 ? D 7 Legal Description: Parcels One & Two of the Lappala 107 Subdivision Exemption - Rec # 353934 Zone District: R - RURAL Property Size (acres): 30.84 Ac. Project Description Existing Use: SINGLE FAMILY DWELLING Proposed Use (From Use Description of Project: Table 3-403): SINGLE FAMILY DWELLINGS - ON EACH SUBDIVIDED LOT AMENDING 4 BUILDING ENVELOPES THAT WERE APPROVED AS PART OF THE FRONING FAMILY SUBDIVSION PRELIMINARY PLAN APPROVED BY RESOLUTION No. 2012-76 RECEPTION # 822995 Proposed Development Area Land Use Type # of Lots # of Units Acreage Parking Single Family 5 5 _ 4.98 Ac to 10.85 Ac. per code _ Duplex Multi -Family Commercial Industrial Open Space Other __ Total REQUEST FOR WAIVERS Submission Requirements ❑ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: SEE ATTACHED Section: Waiver of Standards 0 The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. 0-14_0 (�/3jz o Signature of Property Owner Date OFFICIAL USE ONLY File Number: ----- Fee Paid: $ Recorded at "T ` �� e jc.;;;{,__,_ / n,, JUL 0 8 1985 }lace ion Nm Pt363J-11-06T•hl' GRED ALSDORF, RECORDER GARFIELD COUNTY, COLORADO WARRANTY DEED Por, ,(42.Q v� BOOK 671 rleE911 PAUL E. LAPPALA and VIRGINIA LAPPALA, County of Garfield, State of Colorado, for consideration of Ten Dollars and other good and valuable con- sideration, in hand paid, hereby sell and convey to PAUU, ALAN FRONING and LINDA SINGER, as joint tenants, whose address is P`0. Box 1012, Carbondale, CO 81623 > the following real property in the County of Garfield and State of Colorado, to -wit: That parcel of land described on Exhibit "A" attached hereto and incorporated herein by this reference, with all its appurtenances and warrants title to the same, except and subject to general property taxes for 1985, a Lien not yet due and payable; easements and rights of way of record or visible and apparent; reservations and exceptions contained in United States Patents and building and zoning regulations. / GARFIELDSIGNED this � day of 0/U i., / , 1985. JUL 0 8 1985 t / ^ State Doo„ olo c STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) ul E. Lappala Virginia Lappala / / The foregoing instrument was acknowledged before me this day of , 1985, by Paul E. Lappala and Virginia Lappala. WITNESS my hand and official seal. My commission expires: '/94-7 Notary Public p0. 3ok est) C7L.t`l k.haob SprliArc S, CO, 81G02 • .. ; /' BOOK 671 154E912 LEGAL DESCRIPTION Parcelr 1''of the Lappala Road 107 Subdivision Exemption. Plat recorded. as ReceptionlNo. 353934 of th•:Garfield County records, also described as follows: , ozrcel of land situated in ' Lot 4_of Section 27. Township 7 South, Range 88 `.'est ' :he 6th Principal Meridian, Garfield County, Colorado, lying Easterly of the Easterly cf-s. line of a 30 foot wide access and utility easement and Westerly of the _s: line of the SW;4h„M of said Section 27. said parcel of land being more fully describe: follows; .3_1nning at a brass cap in place and properly marked as the Southeast Corner of said thence N 00'26'57" E 1024.43 feet; thence N 67'16'18" it 557.62 feet; thence 7 3'16'3k" 5 114-05 to a point on the easterly right-of-way" line of a 30 foot wide .4.e access and utility easar..ent; thence along the Easterly right-of-way line of sato private access and utility ease•ent the following courses: S 23'53'41' 1! 31.37 fee:; -•_n.e 42.54 feet along the arc of a 240.58 foot radius curve to the right, the chord o` -'!,tn bears 5 28'5?'41' Y 42.45 feet: thence S 34'01'34. 1; 76.90 feet; thence 116.55 feet 4;Gng the arc of a 102.75 radius curve to the left. the chord of which tears S 1`31'55' w :10.40 fee"._ thence 5 30`57'44" E 113.63 feet; thence 119.50 feet along the arc of a :14.23 foot radius curve to the. right., the chord of. which bears 'S 0'53'35"E••114.13 fc_t: _r.ece S 28'53'39" 1: 90.46 feet; thence 172_04 feet alon5 the arc of a 267.33 foot _:us curve to the left, the chord of Which bears 5 11'49'41" 1 163.45 feet; thence 14"5 13.87 feet; thence 10S_54'feet along the arc of a 271.32 foot radius curve tf rioot, the chord of which bears S 05"43'03' 11 103.39 fees; thence S 16'45'15' V - `•ence 70-42 feet along the arc of a 151.91 foot radius curve to the ric`._, �rG .•'lich b=ars 5 30'07'44" 1; 70.28 feet; thence leavine the Easterly richt-z- -Ey h re '_ se:d private access and utility easement on a course bearing South 257.19 = ,:e S &S'&1'21` E 772.36 feet to the point of 5e_innine. a`: e cescribed parcel of lend contains 18.58 acres ,-ure or less_ TOGETHER WITH the following described easement: Legal -Description ±"Private Access Road Easement ..A private•access road -easement situated in the.,Wi-N113,Section 27, :Township7..South',iRange--88.West •of the 6th;°Principal Meridian,- Garfield: 'County ,'• .Colorado,, 'being 30 .feet an. width -and', lying: l5 :feet on each • side. of then•following•described-centerlines • • :Beginnirig.:at=:a ;point, oli the Easterly right -of :way; line •of• a:County Road :as:built_and'•im:place.whence the Northwest ,Corner of said Sec- tion 27 bears;'N.:,30°4oz09".,W;1236.27.feetl thence S 20°26'35" E 15.41 - 'feetl ;thence:58�29-feeti•along.the arc of :a 100;08 foot radius curve to ' 'the' rightir the-chord•'.of,which bears 5.03°45'23"- E 57.47'feet ;•. thence • • •' S 12°55'.50"-'W'_.64;54.•feeti ,thence 68.92 feet along the arc of a 160.54 foot .radius..•curve ;to-the•left, the chord of which bears S 00°37'54" W • 68.:39. feet] -thence lS'a1'40'.03" E 145.37 feet; :thence 19.99 feet along the. -arc vof=:a•_2525'j±:f'botaradius curse *to the right•, the chord of which bears:S'A9°24'00=" 1;''19:98::feet;•-thence'5 07°07'57".E 69.43 feet, - AND TOGETHER'W1iTd;All'water:and water rights, ditches and ditch rights, wells, springs and seeps;,:46uvt'enaht to.or.usad upon or in connection with said land, including but not limited to'tAe domestic water well presently existing and in place on the property. AND TOGETHER WITH AND SUBJECT TO a non-exclusive easement for roadway access and utilities as described on said Exemption Plat. 12a_co,-cl.ss._s era fie'. �aor es„ ix) wt ecce dad-- t `6-535 ■111 EAI' 'IMITIALKlMfTIO itlr1/41ll♦.111111 Reception#: 796982 01!1012011 11:22:19 AM Jean R1berico 1 of 2 Rec Fee:$16.00 Doc Fee:0.00 GARFIELD COUNTY CO 10319 E. 121St, Bixby, OK 74008 NO REVENUE STAMPS NECESSARY—FAMILY TRANSFER TRUSTEE'S QUIT -CLAIM DEED THIS INDENTURE, made this A day of DECEMBER, 2010, between H ROBERT FRONING, Sole Trustee of THE CAROL FRONING REVOCABLE TRUST DATED JANUARY 27, 1999, of Tulsa County, State of Oklahoma, party of the first part, and KAREN F. HATCHETT and JOHN W. HATCHETT, husband and wife as joint tenants with right of survivorship (second party number 1), DONALD M. FRONING and BILLIE J, FRONING, husband and wife as joint tenants with right of survivorship (second party number 2) and PAUL ALAN FRONING and LINDA SINGER FRONING, husband and wife as joint tenants with right of survivorship (second party Number 3). Each second party shall receive an undivided one-third (1/3) interest in the property transferred herein; each undivided one-third (1/3) interest will be held as tenants in common by each collective second party. WITNESSETH, that said party of the first part, in consideration of the sum of Ten and no/100 Dollars ($10.00) to him duly paid, the receipt whereof is hereby acknowledged, does hereby quit -claim, grant, bargain, sell and convey unto the said party of the second part (second party number 1, second party number 2 and second party number 3), and to their heirs and assigns forever, all his right, title, interest and estate, both at law and in equity, of, in and to, the following described real estate, situated in the County of GARFIELD, State of COLORADO, to -wit: SEE ATTACHED EXHIBIT "A" Together with all and singular the hereditaments and appurtenances thereunto belonging, TO HAVE AND TO HOLD the above granted premises unto the said party of the second part, their heirs and assigns forever. IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand the day and year above written. STATE OF OKLAHOMA COUNTY OF TULSA ) ) ss Before me the undersigned, a Notary Public, in and for said County and State, on this day of DECEMBER, 2010, personally appeared H ROBERT FRONING, Successor Sole Trustee of THE CAROL FRONING REVOCABLE TRUST DATED JANUARY 27, 1999, to me known to be the identical person who executed the within and foregoing instrument and acknowledged to me that he executed the same as his free and voluntary act and deed and as the free and voluntary act and deed of said Successor Sole Trustee, for the uses and purposes therein set forth. Given under my hand and seal of office the day and year above written. THE CAROL FRONING REVOCABLE TRUST, DATED JANUARY 27, 1999 By; H ROBER FRONING, Successor Sole Trustee MY COMMISSION EXPIRES: Notary Public State of Oliahoma Commission #01014357 Expires: AUGUST 21, 2013 Notary Public PREPARED BY: RISELING & RHODES, P.C., P.O. BOX 52561, TULSA, OK 74152 1111 N'i'p L'ir I0Mi01141.:N1:1110. ilii 1111 Reception#: 796982 01/10/2011 11;22:19 AM Jean Alberico 2 of 2 Rec Fee:$16.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT "A" GARFIELD COUNTY; STATE OF COLORADO A parcel of landsitueted.in. Lot 4 of Section 27, Township 7 South, Range 88 West of the 6th principal' Meridian, Garfield County, Colorado, lying Easterly of the Easterly right-of=-way line of County Road No.107 and Westerly of the Easterly right-of-way line of a 30 foot wide access and utility easement, said parcel of land being more fully described as follows: Beginning at a brass cap in place and properly marked as the W/4 Corner of said Section 27; thence N 00°01'24" E 367.15feet to a point on the Easterly right-of-way line of County Road No, 107; thence along the Easterly right-of-way line of said county road the following courses: 63.35 feet along the arc of a 135.88 foot radius curve to the left, the chord of which bears N 46°30'09" E 62.78 feet; thence N 33°08'46" E 217.96 feet; thence 107.84 feet along the arc of a 51Q.06 foot radius curve to the left, the chord of which bears N 27°05'221E 107.64 feet; thence 21°01'56" E 87.25; thence 66.46 feet along the arc of a 157.93 foot radius curve to the right, the chord of which bears.N 33°0516" E 65.97 feet; thence N 45°08'35" E 40.25 feet; thence 138.42 feet along arc of a 210.85 foot radius curve to the left, the chord of which bears N 26°20'08" East 13595 feet; thence N 07°31'41" E 127.76 feet; thence 148.98 feet along the arc of a 347,77 foot radius curve to the right, the chord of which bears N 19°48'01" E 147.84 feet, thence N 32°04'20" E 73.53 feet; thence leaving the Easterly right-of-way of said county road no. 107 on a course bearing East 151.45; to a point on the Westerly right-of-way line of a 30 foot wide private access easement; thence along the Westerly right-of-way line of said private access easement the following courses; S 11°40'03" E 64.13 feet; thence 18.8Q:feet along the arc of a 237.55 foot radius curve to the right, the chord of which bears S 09°24'00 E '18.80 feet; thence ,S 07°0T57" E 71.96 feet; thence N 17°16'34" E 38.36 feet to a point on the Easterly right- of-way line of a 30 foot wide private access and utility easement; thence along the Easterly right-of-way line of said private access and utility easement the following courses: 5 23°53'41" W 31.37 feet; thence 42.54 feet along the arc of a 240.58 foot radius curve to the right, the chord of which bears S 28°5741" W 42.48 feet; thence•S 34°01'340W 76.90 feet; thence 116.55 feet along the arc of a 102.75 foot radius curve to the left, the chord of which bears S 01°31'55" W 110.40 feet; thence S 30°5744" E 113.63 feet; thence 119.50 feet along the arc of a 114.23' radius curve to the right, the chord of which bears S 00°59'35" E 114.13 feet; thence S 28°58'35" W 90,46 feet; thence 172.04 feet along the arc of a 287.39 foot radius curve to the left, the chord of which bears 511 °49'41" W 169.48 feet; thence S 05°1914" 13.87 feet; thence 104.54 feet along the arc of a 271.32 foot radius curve to the right, the chord of which bears S 05°43'03" W.103.89 feet; thence S 16°4519" W 50.86 feet; thence 70.92 feet along the arc of a 151.91 foot radius curve to the right, the chord of which bears S 30°0744" W 70.28 feet; thence leaving the Easterly right-of-way line of said private access and utility easement on a course bearing South 257.19 feet; thence N 88°0121" W 533,0 feet to the point of beginning. The above described parcel of land contains 12,39 acres more or less. PREPARED BY: RISELING & RHODES, P.C., P.O. BOX 52561, TULSA, OK 74152 May 31, 2020 Glenn Hartman, Principal Planner Garfield County Department of Community Development 08 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Minor Modification to Preliminary Plan Froning Family Subdivision Dear Glenn: This letter authorizes Mark Chain of Mark Chain Consulting, LLC to submit an application for an Amended Preliminary Plan for the Froning Family Subdivision along CR 107 in Garfield County. The subject property is approximately 30 acres in size and consists of two parcels informally known as Parcel One and Parcel Two of the Lappala Road 107 Subdivision Exemption. The Preliminary Plan has been previously approved and results in a total of 5 lots. This letter also authorizes Mark Chain and Danny Muse of Muse Architects to represent the owners during any discussion in the land use and administrative review process. Sincerely,. �--� Paul Froning PO Box 545 Carbondale, CO 81623 Until that time, we would ilte the County to Know that the applicatlun ss fx.ade with c consent and that Padi Fronings consideted the Owner's kepre_e,entative and Kis. th ability to represent the family during the amendment and approval process, Ptfea,se contact Paul if you need additional information, Ovvr,ers Parcel One: ) e • 6 Paui FronIng J Date -isv.7:S. Date 5 Lf.) -7 .7 Lr FrOung cDate 0/1 410-0 i-jate Paul Froning htt 1 S-1-0 tereet. Hatchett Mae BiPle Pronrie nate bricia cfrlfrig 1 Date „eir Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") Paul Froning agree as follows: 1. The Applicant has submitted to the County an application for the following Project: Minor Amendment to Preliminary Plan - Froning Family Subdivision 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person: Paul Fronong Phone: (a 70) 3 7? ?065--- Billing Contact Address: PO Box 545 City: Carbondale State: CO zip Code: 81623 Billing Contact Email: cimmaronwoodworks@msn.com Printed Name of Person Authorized to Sign: Paul Froning (Signature) /2-5'/0 (Date) Item REQUESTED SUBMITTAL WAIVER SUMMARY Code Section Reason/Comment Grading/Drainage Plan Landscape Plan Traffic Study Water/WW Plans Open Space Plan Map Improvements Agreement CC&R's 4-203 E Unchanged 4-203 F No Formal Landscape Plan for project. Some ornamental landscaping and small irrigated area supplied with information at time of building permit. No change. Same # of units and lots. No Change 4-203 L 4-203 M/N 5-402 G No change. No common opens space area or parcels being set aside for benefit of lot owners. 4-203 K Being updated as apart of Final Plat Application 5-402 I Being modified as part of Final Plan Submittal Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.2arfield-eountv.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2393-272-00-032 & 2393-272-00-031 PROJECT: Froning Family Subdivision Amended Preliminary Plan OWNER: Paul and Linda Froning & Karen and John Hatchett REPRESENTATIVE: Mark Chain, Planner PRACTICAL LOCATION: 700 County Road 107, Carbondale, CO 81623 TYPE OF APPLICATION: Amended Preliminary Plan DA -TE: Updated 5/4/20 I. GENERAL PROJECT DESCRIPTION - BACKGROUND The Applicant is proposing modifications to the building envelopes for Lots 2, 3, 4 and 5. Details of the request are outlined in correspondence dated 1/30/20 from the Applicant's Planner (see attached). The basis for the request includes improved solar orientation and improved views of Mt. Sopris. No other changes to the Preliminary Plan are being requested. The Applicant's current Preliminary Plan approvals are in place and extended through 8/13/20. Confirmation that the revised building envelopes are consistent with all other components of the Preliminary Plan will be part of the review process. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The Applicant shall be required to address applicable provisions of the Garfield County Land Use and Development Code, as amended (LUDC) outlined as below: • Section 5-304 Amended Preliminary Plan Review • Section 5-304(C) Minor Modification Review Criteria • Table 5-103 Common Review Procedures and Public Notice • Table 5-401 Application Submittal Requirements • Section 4-101 Common Review Procedures (noticing information) • Section 4-202 Submittal Waivers including Review Criteria • Any Applicable Section of Article 7, Standards. III. DIRECTOR'S DETERMINATION FOR MINOR MODIFICATION After conducting the Pre -Application conference and in accordance with the Review Criteria contained in Section 5-304 (C) the Director has determined that the request is a Minor Modification and can be process accordingly. IV. REVIEW PROCESS A. Pre -application Conference (completed). B. Director Determination of a Minor Modification (completed) C. Application submittal including general application materials and Submittal Waiver Requests. D. Completeness Review & Determination. E. Referrals F. Provision of Additional Copies of the Application as needed G. Setting the date for the Director's Decision. H. Completion of Public Notice requirements. I. Director's Decision. J. Documentation of the Director's Decision. V. PUBLIC HEARINGS AND NOTICE Public Hearing notices shall be posted, mailed and published pursuant to Section 4-101.E.b (2) and (3), certified mailing to property owners within 200 ft. and certified return receipt requested mailing to mineral rights owners on the property. None X Director's Decision (mailed notice 15 days prior to the decision) _ Planning Commission _Board of County Commissioners (referral would be heard at a public meeting, no public notice required unless determined to be a substantial modification) _Board of Adjustment REFERRALS May include but are not limited to County Consulting Engineer, Colorado Parks and Wildlife, County Road and Bridge, Carbondale Fire Protection District. VI. SUBMITTAL REQUIREMENTS This following is a preliminary listing of submittal requirements based on the initial discussions with the Applicant and the minor modification determination. 2 o General Application Materials including application forms, agreement to pay form, authorizations to represent, proof of ownership, payment of application fees, copy of the pre -application meeting summary o Updated Title Commitments o Narrative description and details on the proposed modification o Responses to Minor Amendment Review Criteria o Vicinity Map o Original and Updated site plan o Original Preliminary Plan and Revised Preliminary Plan o Copies of the existing approval resolution and any updates on the status of the conditions o Copies of the existing grading and drainage plan including any revisions — submittal waiver may be requested if unchanged o Copies of the existing landscaping plan and any revisions including for Lot 5 o Copy of the existing Impact Analysis including any revisions o Copies of draft Development Agreements and Subdivision Improvements Agreements o Copy of existing traffic study and any updates based on the County Road 107 upgrades — submittal waiver may be requested if unchanged o Copies of Water and Wastewater Plans — submittal waiver may be requested if unchanged o Updated copy of the Open Space Plan map showing any changes impacted by the revised building envelopes — submittal waiver may be requested if unchanged o Copy of Visual Analysis with any updates based on the revised building envelopes o Copy of proposed covenants — submittal waiver may be requested if unchanged o Copy of previous statements on affordable housing plan (address applicability) o Confirmation that the revised building envelopes remain consistent with Article 7 Standards and the original Preliminary Plan approvals. o Any submittal waiver requests including response to review criteria. SUBMITTAL WAIVERS Where submittal waivers are anticipated a supplemental meeting with Staff is recommended. Submittal waivers need to address the review criteria in Section 4-202. VII. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ 325 (Amendment Request) $ tbd (Additional Staff time charged at hourly rate of $40.50) Referral Agency Fees: $ (N/A) Total Deposit: $ 325 (Amendment Request) 3 VIII. 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 bv: /1-)/z,- 5/4/20 Glenn Hartmann, Principal Planner Approved by, Date 5/4/20 Sheryl, B wer, AICP Director Date 4 5-304 AMENDED PRELIMINARY PLAN REVIEW. A. Overview. Applications subject to an Amended Preliminary Plan Review shall be determined to be either a Minor or Substantial Modification and be reviewed and decided by either the Director or the BOCC. B. Review Process. Applications for an Amended Preliminary Plan Review shall be processed according to Table 5-103, Common Review Procedures and Required Notice, with the following modifications: 1. Pre -Application Conference. 2. After holding a pre -application conference and within 10 business days of receiving all necessary information, the Director shall decide if the amendment is Minor, Substantial or should if the determination should be made by the BOCC. a. Minor Modification. The Director shall apply the criteria in section 5- 304.C. to determine if the proposed amendment is minor in nature. (1) Completeness Review. Upon finding the amendment is a Minor Modification, the application shall be reviewed for completeness. Once the application is deemed technically complete, the Director will send a letter to the Applicant that indicates: (1) The additional number of copies to be delivered to the County for review by staff and referral agencies; (2) The date that the Director will render a decision or, if the Director decides to refer the application to the BOCC, the date that the BOCC will hear the Application; and (3) The notice form that the Applicant is required to mail to the Adjacent Property Owners and mineral estate owners and lessees. (2) Notice. The Applicant shall mail notice pursuant to section 4- 101.E.b.(2) and (3), at least 15 days prior to the date of the Director's decision and shall provide proof of adequate notice prior to any decision. The notice shall include a Vicinity Map, the property's legal description, a short narrative describing the proposed amendment, the contact information for the Community Development Department and the date that the Director will make a decision. (3) Decision. 5 (1) Director Decision. If the Director decides the application, the Director will inform the Applicant and the BOCC of the approval, conditions of approval, or basis for denial, in writing within 10 days of the date of decision. The action of the Director shall be memorialized in a recorded resolution signed by the BOCC. (2) BOCC Decision. If the application is referred to the BOCC for a decision, the BOCC will memorialize their decision of approval, conditions of approval or basis for denial in the form of a Resolution. (4) Call -Up to the BOCC. The Director's decision is subject to section 4-112, Call -Up to the BOCC. b. Substantial Modification. (1) If the Director determines that the proposed amendment constitutes a Substantial Modification, the change shall require a new application for Preliminary Plan. The Director shall determine the contents of the application submission requirements for a Substantial Modification request and provide this information in writing to the Applicant. Though a new application is required, the review of the application may result in an approval, approval with conditions or denial of the amendment only. If the amendment is denied, the Applicant's original Preliminary Plan approval is still valid. (2) Should the Applicant contest the decision made by the Director that the proposed amendment constitutes a Substantial Modification, the Applicant may request the decision be called -up to the BOCC pursuant to section 4-112.B and C. c. Determination by the BOCC. The Director shall have the discretion to request the BOCC decide, in a Public Meeting, whether a modification is Minor or Substantial. C. Review Criteria. Minor Modifications to Preliminary Plans are those that deviate from standards or rearrange/reconfigure elevations, structures, parking areas, landscape areas, drainage facilities, utilities, or other site improvements in an approved Preliminary Plan, and that meet all of the following criteria as applicable: 1. Comply with all requirements of this Code; 2. Do not conflict with the Comprehensive Plan; 3. Do not change the character of the development; 4. Do not alter the basic relationship of the development to adjacent property; 5. Do not change the uses permitted; 6. Do not require amendment or abandonment of any easements or rights-of-way; 7. Do not increase the density; 8. Do not increase the zone district dimensions to an amount exceeding the 6 maximum dimension in the applicable zone district in Table 3-201; and 9. Do not decrease the amount of the following to an amount below the minimum required in the applicable zone district a. Amount of dedicated Open Space; b. The size of or change in the locations, lighting, or orientation of originally approved signs; and c. Any zone district dimensions in Table 3-201 7 W. Section 5-304 Amendment to an Approved Preliminary Plan Approximately 1 month if submittal is complete Garfield County Amendment to an Approved Preliminary Plan Review Process (Section 5.304) Stein 1: fire-applical inn Conference •Submission of Information pertaining to the requested amendment *Applicant has months to submit application Step 2: Director's Determination •Wdhin 10 days the Director wuII make one of the following determinatians: ir BOCC Determination Substantial Modification Miner l dttkation Step : I nmplr^t.: nr.£c F e� iew • 10 business days to rsvNW •If incomplete, 60 days to remedy deficiencies Step 5: Evaluation by Director Step 6: Director's DP. Chinn •Call-up Period - within ID days of Director's Decision *Applicant has 'i year to meet any conditions of approval and to submit a final plan/plat If needed to determine substantial or minor modification Step 3: BOCC Decision +ata public meeting • If BOCC determines it to be a minor modification - pioceed with Administrative Review for Mmol modifications *if BOCC dote mines It to be a Subxtemill I Modification, proceed with new application •see process tar Prelim Mary Plan 8 PROJECT TEAM Applicant/Owner Paul and Linda Froning PO Box 545 Carbondale, CO 81623 Donald and Billie Froning 10888 N. Paisano Tucson, Az 85741 Karen and John Hatchett 1423 E. Delaware Bartlesville, OK 74003 Planning/Coordination Mark Chain Mark Chain Consulting, LLC 811 Garfield Avenue Carbondale, CO 81623 970.963.0385 (office) 970.309.3655 (cell) mchain@sopris.net Surveying/Engineering Sopris Engineering 502 Main Street, Suite A3 Carbondale, CO 81623 970.704.0311 Site Analysis/Architecture Muse Architects, Inc. 289 Sopris Ave. Carbondale, CO 81623 Wildlife/Ecology Colorado Wildlife Science, LLC 0100 L Run Drive, Suite 128 Basalt, CO 81621 Section 2 Application background Information and Justification • Background information and general details on modification • Vicinity Map • memo on building envelope modifications • Site Plan — existing and proposed envelopes • Responses to Minor Amendment Review Criteria (5-403 C) • Letter from Colorado Wildlife Science on proposed building envelope modifications dated • Preliminary Plan Sheets — 2012 Approved • Proposed Preliminary Plan Sheets — 2020 • Letter from Sopris Engineering dated June 25, 2020 FRONING FAMILY SUBDIVISION AMENDED PRELIMINARY PLAN SECTION 2 - INTRODUCTORY INFORMATION AND BACKGROUND Parcel #'s: 2393-272-00-032/031 Zoning: Rural Application Date: July 2020 TYPE OF APPLICATION: This is an application to amend the Preliminary Plan for the Froning Family Subdivision. The Preliminary Plan was approved in 2012 by the adoption of Resolution 2012 — 076. The resolution is attached in Section 3, miscellaneous documents. There have been four extensions to this preliminary plan, the fourth being approved in 2018 (also attached in Section 3). The application is relatively straightforward. The purpose is to amend 4 of the 5 building envelopes in the Five Lot subdivision. The Design Team considers this to be a minor modification. All four of the building envelopes proposed to be amended are either equal to or smaller in size and the original, approved envelopes. A quick summary of the modifications is: • Lots 2 and 3 are being reoriented along an east -west access for better solar orientation. • Lot 5 is being modified to increase a view of Mount Sopris • Lot 4 is being modified by moving the buildable envelope to the east out of the Pinyon/Juniper landscape onto a more level portion of the site in a portion of a Sage Meadow. This application includes a planning memo which describes the building envelope modifications in detail, provides a site plan which displays the existing and proposed modifications, provides detailed responses to the Minor Amendment Review Criteria required as per Section 5 — 403 C of the County Land Use Code and the letter from Colorado Wildlife Science on the potential impact of these modifications. This planning memo/report is provided later on in this section. We will provide a history of the site and historical context before getting into a more detailed analysis of the preliminary plan modifications in relation to the LUDC. I. INTRODUCTION AND BACKGROUND The Froning family owns two parcels of land approximately 30.97 acres in size which is zoned Rural "R". The property address is 700 County Road 107, also known as 532 Red Hill Road. The project is located north of Carbondale on Red Hill approximately 0.5 miles north of the Highway 82 / Highway 133 intersection in Garfield County. The application is being submitted by the following individuals: • Paul and Linda Froning • Donald and Billie Froning • Karen and John Hatchett The two lots were created by approval of the Lappala Road 107 Subdivision Exemption in 1984. The two parcels are owned as follows: • Parcel 1 consisting of 18.85 acres owned by Paul and Linda Froning • Parcel 2 consisting of 12.39 acres jointly owned by Paul and Linda Froning and the other applicants (Paul's siblings and their spouses) SUBDIVISION OBJECTIVES Parcel 2 was originally owned by Robert and Carol Froning. They eventually conveyed their interests in the property as a gift to their children and their spouses. One of the original objectives was to subdivide the parcel so that each sibling would own an individual lot and where they could build a home. Dividing the property into three equal lots would have created three parcels of 4.13 acres each which, in the opinion of the applicants, would not be compatible with the neighborhood. Paul Froning's objective in combining his parcel 1 with parcel 2 is to enable the proposed lots to be of similar size (approximately 5 acre each), establish compatibility with the neighborhood, and at the same time increase the value of the property already in his name. The respective owners wish to combine parcels 1 and 2 in order to subdivide the total of 30.85 acres into five lots. As the long-time owners of the land, the applicant's objective is to preserve the character, unique physical features, and ecology of the property while developing homes and building zones for their use that are respectful of these qualities. These objectives were described in detail in the original Preliminary Plan Application and have been utilized as a framework for laying out the lots, building envelopes and other features of the development plan. The applicants propose to subdivide the property into five lots allowing for five single-family residential units as follows: • Lot 1 — 10.85 acre lot that would include the existing single family dwelling and detached garage. The other four lots would be vacant land and would consist of the following sizes: • Lot 2 — 4.98 acres • Lot 3 — 5.01 acres • Lot 4 — 5.00 acres • Lot 5 — 5.00 acres SITE DESCRIPTION The site is approximately 30 acres in size and consists mostly of Colorado Plateau, pinyon/ juniper woodland. The southern portion of the site can be characterized as "inter mountain basin, big sagebrush shrub land". The terrain rises to the north and then drops off in elevation with moderately steep, south facing slopes. Outcroppings exist on the south facing slopes on the southeastern portion of the site. There are views of Mount Sopris from the majority of the northern and eastern portions of the site. The majority of the property proposed for dwelling units, including the existing structures, is not visible from County Road 107. The original building envelope for Lot 4 was a site from which a future home may be seen from the CR 107 while headed south to the intersection of SH 82/SH133. With the envelope being moved to the east and a slightly higher elevation, a proposed home may no longer be visible from CR 107. The site currently consists of open space containing a private residence and detached garage. Below are photographs showing the nature of the subject property and the existing residence. ........ .. '. ............ !!!!!..11.L11... liEii ill!! vr.`pc te Existing residence of Paul and Linda Froning (on Lot 1) Proposed Trail Easement to BLM Land to South View of Sagebrush Meadow looking Southwest Typical Pinon-Juniper Vegetation on Property DEVELOPMENT GOALS The goal of the proposed development is to subdivide the property in keeping with allowable uses described for the Rural "R" Zone District and consistent with the vision, goals, objectives, and policies of the Garfield County Comprehensive Plan. The proposed development includes consideration for: • Developing single-family lots • Minimizing impact to wildlife habitat • Preserving the character of the natural landscape and native vegetation • Promoting water conservation • Promotion of sustainable "green" building practices, and • Recreational opportunities through providing subdivision accessibility to contiguous public lands. DEVELOPMENT OBJECTIVES A number of design objectives were considered in developing a site plan for the property. Existing zoning designations, sensitivity to the goals of the Garfield County Comprehensive Plan, and informal input from the surrounding property owners guided the development of the proposed plan. Site, cultural and environmental constraints were identified in order to establish a framework within which other objectives were considered. Once these constraints were understood, areas that support the proposed type of residential development were identified. These developable areas meet the applicable design and planning objectives for the site. In support of the stated goals, the objectives guiding the initial site planning efforts are as follows: 1. Steep slopes should be avoided to minimize disturbance to natural landforms, vegetation, and drainage patterns. 2. Building envelopes were established to set structures back from the edges of the sagebrush meadows to preserve wildlife habitat, especially Lot 4. 3. To the extent possible, key visual resources of the site, as viewed from adjacent public roads/highways and nearby developments, were preserved. 4. Development within the site has been placed to avoid blocking any views enjoyed by adjacent property owners, as well as potential future property owners within the Froning Family Subdivision. 5. The Existing development pattern in the neighborhood was respected, ensuring adequate separation between dwelling units. 6. The development plan achieves a balance in a range of public policies identified in the Comprehensive Plan. 7. Excessive disturbance or removal of native vegetation was avoided through the use of building envelopes. Note that some vegetation will need to be removed in order to mitigate wildfire danger. 8. Building envelopes and road alignment avoided site-specific geologic constraints and mature vegetation to the maximum extent possible. 9. Landscape Guidelines have been established that promote reduction in supplemental irrigation requirements for residential landscapes. 10.Opportunities for an enjoyable lifestyle were provided through the creation of trails and open vistas. 11.Orientation of the majority of the lots has maximized southern exposure for energy conservation purposes/renewable energy potential. Note: The site planning and development objectives took place under the Comprehensive Plan 2000. This application is being submitted shortly after the adoption of the Garfield County Comprehensive Plan 2030. All planning principles, design tools and the goals and policies utilized during the application proves are still relevant, and we have found that nothing should be modified. The development plan complies with the new Comprehensive Plan and is addressed in Section 19. II. MISCELLANEOUS INFORMATION Internal Road. All lots will be accessed off of an internal road which is currently a 30 -foot wide access and utility easement and will be increased to 40 -foot in width as part of the subdivision process. The road will be owned and maintained by the Homeowner's Association. This internal road has access to County Road 107 and has existed for 26 years in its current configuration. Common Areas/Development Facilities and Amenities. Common areas and facilities have been kept to a minimum in this subdivision. There is an existing trail which extends from the southeast portion of the internal subdivision road to the BLM property to the south. The subdivision application will dedicate a trail easement for this amenity and provide access for lot owners to the BLM property. The trail will be left in its primitive state and will be dedicated to the HOA. The trail easement will not be open to the general public. Proposed Utilities/Infrastructure. The development will have a central water system with a 10,000 gallon underground storage tank. Electric and telephone will be provided in an underground fashion within the subdivision road. Natural gas will not be extended to the site. Building Envelopes. Building envelopes are confined in size with the exception of Lot 1. They have been designed to preserve views, provide privacy to the internal subdivision lot owners, Preserve vegetation and wildlife habitat, utilize the flatter portions of the site for buildings and to minimize visibility from neighboring lots and county rights-of-way. Also, the building envelopes as proposed will not be allowed to be expanded in size so that the application will meet the Open Land requirement for property designated Medium on the Future Land Use Map as per the recently adopted Garfield County Comprehensive Plan 2030. Neighborhood Involvement. There was considerable neighborhood involvement at the sketch plan level. Paul Froning has continued to communicate with some neighbors related to a proposed emergency access easement and to those that may have possibly been impacted by proposed building envelopes. More involvement with neighbors will occur as part of the preliminary and final plat process. Wildfire Mitigation and Neighborhood Fire Protection. The Red Hill neighborhood is subject to wildfire danger. The application addresses this issue in a number of places. It should be noted that the applicant is providing access for the local fire department (Carbondale and Rural Fire Protection District) to the subdivision's central water system and storage tank, which can be utilized for any portion of the Red Hill area in case of a wildfire incident. History of Land Use Applications Prior to Preliminary Plan Submittal. A sketch plan was submitted to Garfield County in November of 2006 and review conducted by the County on February 14, 2007. A Comp Plan Amendment application was submitted in the fall of 2008. A Public Hearing on the Comp Plan Amendment was held on October 8, 2008 at which time the property was re- designated as Residential / Medium Density on the Land District Map for Study Area One. A Resolution approving this Comp Plan Amendment (Resolution — PC -2008-04) is included in Section 25. As noted previously, the Preliminary Plan was approved in 2012. Waivers. There was a request for design waivers from three engineering standards during the original Preliminary Plan Approval. They are: • Shoulder width for a portion of the internal road. • Minimum radius at access road intersection with CR 107. • Maximum grade. Sopris Engineering, the civil engineering firm for the project addressed these design waivers at the time of approval. That request is not being changed as no physical or technical items have change for the project and there therefore is no impact from the Preliminary Plan modification. This includes the grading and drainage plan, road plans in section, propose water system etc. PRELIMINARY PLAN MODIFICATION ELEMENTS We thought it best to provide some background and context with which to evaluate and judge this Preliminary Plan Modification Application. The remainder of this section will quickly summarize all application requirements of a Preliminary Subdivision Plan and note the status of these items related to the Preliminary Plan proposed modification. Submittal request waivers will be mentioned and they list is in Section 1 of the application. A few of the original Preliminary Plan application studies/elements are included for your information at the end of the Section 3 — Miscellaneous Documents. Vicinity Map Attached on the following page. Planning Memo and Supporting Documentation for the Proposed Preliminary Plan Modification This package is included immediately after the vicinity map. After the detailed description of the proposed plan modification and the responses to the review criteria we will address the various submittal requirements for Preliminary Plan modifications and give brief comments where appropriate or demonstrate why no change has occurred. FINAL PIAT OF, FRONING FAMILY SUBDIVISION SITUATED 1N GOVERNMENT LOT 4, SECTION 27, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO SHEET 1 OF 3 Mark Chain Consulting, LLC Page 1 January 30, 2020 Glenn Hartmann, Principal Planner Garfield County Community Development 108 8111 Street, Suite 401 Glenwood Springs, CO 81601 RE: Froning Proposed Preliminary Plan Amendment Revised Building Envelopes Parcel #'s 2393-272-00-032 & 2393-272-00-031 Dear Glenn: The purpose of this letter is to formalize our proposal for amending the building envelopes that were approved as part of the Froning Family Subdivision Preliminary Plan. As you know, we are thinking of making small adjustments to the approved building envelopes in order to accommodate better solar access design as well as to accommodate the purchase of one lot in order to help fund all the improvements that will be necessary for the Family Subdivision. We have discussed this previously with you, and now have finalized our proposal. We would like you to review this information and schedule a pre -application meeting for this matter. Background Paul and Linda Froning as well as other members of the Froning Family purchased the two lots in the Late 1985. The two lots total approximately 30.85 acres. Over the years, the Froning Family has put together a development plan which would reallocate the acreage into five (5) Single-family lots. Each sibling would have the rights to 1 lot and one would be provided to help fund the infrastructure construction for the family. The Planning Process included land use applications that have been submitted to the County beginning in 1984 (the original Exemption Application submitted by Paul and Ginny Lappala). In 2008, the properties (two lots with the parcel numbers noted above) obtained a Comprehensive Plan amendment which redesignated the property from Residential Low Density to Residential Medium Density (RM). This documentation is reflected in Planning commission Resolution 2008-04 (Rec # 759050). The preliminary Plan for the five lots was approved by the Board of County Commissioners in 2012 by virtue of approval of Resolution 2012-76 (Rec #822995). This is the approval of the subject property into 5 single-family lots. 811 Garfield Avenue Carbondale, CO 81623 Ph 970.309.3655 Fax 970.963.2916 mchain@sopris.net Mark Chain Consulting, LLC Page 2 Subsequence Action Due to the poor economy, the family decided not to go forward immediately with a final plan and construction of the subdivision infrastructure. These extensions and the appropriate resolutions have been sent to you under separate cover. The Froning Family approved an additional extension (the fourth) in August 2018. Concept As noted above, 5 single-family lots are contained in the Froning Family Subdivision Preliminary Plan approval. Lot 1 is the only property with an existing structure. That is owned by Paul and Linda Froning. The family wishes to amend the building envelopes for the other four lots. All the lots will actually have slightly smaller building envelopes. A table with the present, proved building envelope and what is proposed is set forth below. Lot # FRONING BUILDING ENVEOPE INFORMATION SUMMARY Approved Proposed Prelim Plan 2020 Prelim/Final COMMENT Lot 2 Lot 3 Lot 4 Lot 5 22,330 SF 22,320 SF 27,034 SF 26,900SF More east -West Orientation — For Solar Design More east -West Orientation — For Solar Design 36,962 SF 36,958 SF See Attached Analysis by Colorado Wildlife Science, Inc. 31,722 SF 31,637 SF Increased Sopris Views The rationale for the amendments to the plat is noted in the "comment" column. We have indicated this information in a previous meeting. A quick summary is noted below: Lots 2,3 and 5 — these lots would be adjusted to provide a more East/West friendly Axis. The purpose would be to improve the envelope layout for solar design. This modification was suggested by the project architect. The adjustments to Lot 5 include an area which we think will improve views of Mount Sopris. Lot 4 - A family friend is proposing to buy this lot which would help fund the installation of the infrastructure. Both Paul and I had some concerns about moving the building envelope to the east and encroaching on the Sage Meadow which was previously identified as being excellent browse for local wildlife. Before moving forward, we engaged the wildlife/ecology habitat consultant on the project to review the proposal 81 1 Garfield Avenue Carbondale, CO 81623 Ph 970.309.3655 Fax 970.963.2916 mchain@sopris.net Mark Chain Consulting, LLC Page 3 and see if there are any significant concerns. His letter is attached. While there will be some impact, he does recommend steps that will lead to appropriate mitigation steps which the Froning Family is willing to undertake. Proposed Preliminary Change Summary it is our opinion that the building envelopes in the proposed Preliminary Plan Modification are minor in nature. All of the proposed envelope modifications result in smaller building envelopes. Moreover, we think that any potential impact to wildlife can be mitigated by following the recommendations of Colorado Wildlife Science, LLC. Moreover, there are no significant changes to the Preliminary Plan. The road layout is the same, utility layout is the same, there is no change in use, increasing density or other such change which would create impacts to adjacent properties or to the neighborhood. We have also examined the County Process for Preliminary Plan modifications and have answered on a point -by- point basis responses to the criteria outlined in section 5.304 — C (amended Preliminary Plan Review Process criteria). We feel that we comply with all the criteria and that this potential modification should be considered a Minor Modification. We would like to schedule a meeting with you at your earliest convenience to review and see you can discuss this in greater detail with staff and or the Community Development Director. Sincerely, Ma,rk Cka i w Mark Chain, Planner Attachments Preliminary Plan Envelope Map — Existing and Proposed Letter from Colorado Wildlife Science LLC Responses to Criteria in Section 5.304-C 81 1 Garfield Avenue Carbondale, CO 81623 Ph 970.309.3655 Fax 970.963.2916 mchain@sopris.net FR ONING SUBDIVISION GARFIELD COUNTY NOR NOT IA SCHEMATIC FIROFOSAL FOE V I E UJ 'NOT FOIR OONSTIRIJOT I ON' EACH NEUJ 1=1ROPOSED 5i -Da ENV. IS EQUAL IN SIZE OIR SMALLEfR THAN EXISTING- ENVELOPES. SEE S.F. SIZES ON THIS D1RAUJNG. ND EXISTING EL11L1D 1NG ENVELOPE: NEW P1ROPOSED ELDG ENV DAT 11/21/1e SCOL II 1"=ro0'-0 RESPONSES: FRONING FAMILY COMPLIANCE WITH PRELIMINARY PLAN CRITERIA IN SECTION 5.304-C A. Review Criteria. Minor Modifications to Preliminary Plans are those that deviate from standards or rearrange/reconfigure elevations, structures, parking areas, landscape areas, drainage facilities, utilities, or other site improvements in an approved Preliminary Plan, and that meet all of the following criteria as applicable: 1. Comply with all requirements of this Code; Comment: It is our understanding that all code requirements are being met. The modifications of these building envelopes do not affect compliance with dimensional standards or any other County Standards. 2. Do not conflict with the Comprehensive Plan; Comment: The modification is in conformance with the Comprehensive Plan. There is no increase in density or additional dwelling units proposed for the subdivision. Please note that this property was subject to a Comprehensive Plan Amendment which was approved in 2008 (PC - 2008 -04, Rec # 759050). Plan amendment changed the designation of the property from Residential Low-density to Residential Medium density (RM). 3. Do not change the character of the development; Comment: The proposed modification does not change the character the development. Density, road layout and all other aspects remain the same. 4. Do not alter the basic relationship of the development to adjacent property; Comment: The modification does not change the relationship of the development of the adjacent property. Most people would not realize that any envelope had been "tweaked". 5. Do not change the uses permitted; Comment: there is no change in the uses for the project. A total of 5, residential single-family lots remains as proposed for the area — 5 residential lots was always the plan for the property. 6. Do not require amendment or abandonment of any easements or rights -of- way; Comment: The modification does not require any change to the easements or rights-of-way. Rights-of-way are the same location as originally approved. 7. Do not increase the density; RESPONSES: FRONING FAMILY COMPLIANCE WITH PRELIMINARY PLAN CRITERIA IN SECTION 5.304-C Comment: there is no increase in density proposed for the project. 8. Do not increase the zone district dimensions to an amount exceeding the maximum dimension in the applicable zone district in Table 3-201; and Comment: The dimensional Criteria will not be modified by the proposed modifications. The development plan is in conformance with all dimensional criteria for the Rural R Zone district 9. Do not decrease the amount of the following to an amount below the minimum required in the applicable zone district: a. Amount of dedicated Open Space; b. The size of or change in the locations, lighting, or orientation of originally approved signs; and c. Any zone district dimensions in Table 3-201 Comment: The preliminary Plan minor modification does not decrease the amount of open space provided for the project — it is the same amount and in the same location. No signs are being provided, and any lighting will be associated with an individual residence the Standards. Zone district dimensions were mounted on above. November 29, 2019 COLORADO WILDLIFE SCIENCE Ecological Research. Management & Consulting VIA EMAIL: cimarronwoodworks@msn.com Paul & Linda Froning PO Box 545 Carbondale, CO 81623 RE: Potential effects of proposed building envelope modification Dear Mr. & Mrs. Froning; In 2010, I conducted an assessment of the wildlife, wildlife habitat, and ecological resources of 2 parcels of land (Parcel Numbers 239327200031, 239327200032) in unincorporated Garfield County (the property) regarding potential effects of a residential development proposal. Currently, you are proposing to amend the proposed building envelopes for Lots 2, 3, 4, and 5. Although you are proposing changes to all four envelopes, the only change with the potential to affect valuable wildlife habitat is on Lot 4. Consequently, that is the focus of this letter. The newly proposed building envelope on Lot 4 shifted to the east and is essentially an east -west rectangle south of the existing main driveway (Map 1). The new envelope partially overlaps the south half of the original envelope. WILDLIFE HABITAT Wildlife use of the property remains consistent with the 2010 assessment. Most importantly, the property encompasses portions of active mule deer and Rocky Mountain elk winter range and severe winter range. Browse on preferred forage shrubs (e.g., Antelope bitterbrush, Gambel oak, Saskatoon serviceberry, mountain mahogany) on the site is moderate and pellet piles from the past winter are present in modest density. Wildlife habitat is in good condition. Whereas the vegetation within the old Lot 4 envelope is dominated by two -needle pilion-Utah juniper woodland (pilion-juniper), the new envelope encompasses both pilion-juniper (Photo 1) and mountain big sagebrush shrubland (Photo 2). Pinon-juniper encroachment within sagebrush stands on the property and within the area continues to reduce the effectiveness of the sagebrush shrublands and threatens to substantially reduce the representation of that type and effectiveness of the habitat for deer and elk. Given the importance of sagebrush shrublands as winter range, the potential impacts of the proposal to that habitat type is of concern. These impacts, however, can be mitigated by habitat improvement measures on the property. MITIGATION In order to effectively mitigate the proposed loss of sagebrush habitat, the acreage of 0100 Elk Run Drive, Suite 128 • Basalt, CO 81621 • 970.927.4549 • info@coloradowildlifescience.com • http://coloradowildlifescience.com Wildlife Assessment - Amendment to a Building Envelope November 1, 2019 Page 2 sagebrush shrubland lost to direct impacts of the proposed change to the activity envelope can and should be replaced by a greater than 1:1 ratio. It is important to note that sagebrush remains a significant component within the pinion -juniper on and around the property (Photo 3). As such, reducing the cover of pinion pine and Utah juniper within the remaining sagebrush on the property will reverse the successional processes that have resulted in the expansion of pinion -juniper woodland and loss of sagebrush shrubland. The removal of the pinion pine and Utah juniper will facilitate the release of existing suppressed sagebrush and understory vegetation to the benefit of elk, mule deer, and sagebrush dependent wildlife (e.g., Brewer's sparrow). In addition, solitary or clusters of pinion pine and Utah juniper occurring within the remaining patches of sagebrush (Photos 4) should be removed in order to prevent the conversion from shrubland to woodland. This mitigation can be accomplished by means of mechanical mastication (e.g., hydro ax) or by hand with chain saws. In addition, areas of over -mature sagebrush on the property can be made more productive by treatments such as roller chopping in the fall when seeds are present. The proposed change to the Lot 4 building envelope has the potential to cause the direct loss of approximately 0.45 acres of sagebrush shrubland (Map 2). In order to mitigate the negative effect of that loss on wildlife, more than 0.45 acres of sagebrush can be restored elsewhere on the property by means of pinon-juniper removal. Please let me know if you have any questions or require additional assistance. Sincerely, COLORADO WILDLIFE SCIENCE, LLC sky, MS Wi . - :iologist/Principal Wildlife Assessment - Amendment to a Building Envelope November 1, 2019 Page 3 Exhibit A — Photos Wildlife Assessment - Amendment to a Building Envelope November 1, 2019 Page 4 Photo 1. Two -needle pifion-Utah juniper woodland on the south side of the existing building envelope and west side of the proposed building envelope Photo 2. Mountain big sagebrush shrubland on east side of the proposed building envelope Wildlife Assessment - Amendment to a Building Envelope November 1, 2019 Page 5 Photo 3. Sagebrush in the understory of the pinon-juniper Photo 4. Pinon and juniper encroachment within sagebrush shrubland on Lot 4 Wildlife Assessment - Amendment to a Building Envelope November 1, 2019 Page 6 Exhibit B — Maps IVY UC Colorado Wildlife Science Ecological Research, Management & Consulting Froning Property Ecological Assessment of Residential Development Map 1. Approximate configuration of proposed activity envelopes N Legend nSubject Property Proposed building envelope (approximate) 50 100 200 300 400 Feet NOTE: Boundaries are approximate Basemap Source: Bing Maps COLORADO WILDLIFE SCIENCE LLC 0100 Elk Run Dr, Ste 128, Basalt, CO 81621 http://www.coloradowildlifescience.com (970) 927-4549 ,Q Colorado Wildlife Science �1 Ecological Research, Management & Consulting Froning Property Ecological Assessment of Residential Development Map 2. Sagebrush habitat potentially affected by proposal and potential restoration areas nArea of Detail Legend Subject Parcels Proposed building envelopes (approximate) A Sagebrush potentially affected by proposal Potential Restoration Area - PJ Encroachment Potential Restoration - PJ Removal 50 100 200 Feet NOTE: Boundaries are approximate Basemap Source: Bing Maps COLORADO WILDLIFE SCIENCE LLC 0100 Elk Run Dr, Ste 128, Basalt, CO 81621 http://www.coloradowildlifescience.com (970) 927-4549 Wildlife Assessment - Amendment to a Building Envelope November 1, 2019 Page 9 BACKGROUND & QUALIFICATIONS Colorado Wildlife Science, LLC (CWS) is a small wildlife and ecological consulting firm based in Basalt, Colorado, specializing in wildlife research, management, and monitoring, ecological assessments, wildfire hazard assessments, baseline inventories, ecological planning, habitat management, and ecological restoration. CWS applies a scientifically sound approach to biological resource studies and management. Our work combines professional integrity and strong academic training with extensive experience working for government, private, and non-profit clients. With an extensive network of professional collaborators that includes plant ecologists, foresters, hydrologists, and soil scientists, CWS leverages the collective knowledge of experienced professionals working toward practical, effective and cost saving solutions. CWS provides expert services to a diverse array of clients. Since we are a small company, personal attention is ensured. We combine full in-house GIS (ArcGIS) with real-time, sub -meter GPS to provide state-of-the-art spatial data, analyses, maps, and presentations. Owner and Wildlife Biologist Jonathan Lowsky, M.S. Wildlife Biology, Colorado State University, has a broad range of knowledge. With more than 22 years of professional experience with federal (US Forest Service), state (Colorado Division of Wildlife), and county agencies as well as two major universities (Colorado State University and University of Washington), Jonathan's career has focused on a diverse array of wildlife. Mr. Lowsky's experience includes biological assessments and evaluations for NEPA compliance, conservation planning, GIS mapping and modeling, wildlife research, and ecological monitoring design and implementation, as well as wetland and riparian delineations, evaluations, and restoration. He has authored management plans and conservation easement baseline inventory reports and published scientific papers. Jonathan has been directly involved in fire mitigation since 1995 when he directed ponderosa pine fuel reduction, thinning, and habitat improvement efforts on the North Kaibab Ranger District of the Kaibab National Forest. Over the course of 22 years as a professional ecologist he has gained intimate knowledge of ecosystem processes in western Colorado that lead to increased fuel loads, over -mature forest and shrublands, and measures that can be taken to reduce the threat and intensity of wildfires. In addition, I am experienced in mechanical treatments of forest, woodland, and shrubland for the purpose of wildfire mitigation and habitat improvement. Mr. Lowsky strongly believes that these two resource goals are mutually beneficial and measures that prioritize either wildfire mitigation or habitat improvement should consider both goals in the design and implementation of those actions. Mr. Lowsky has completed two wildland fire mitigation certification courses: (1) Wildland Fire Assessment Program: The Wildland Fire Assessment Program (WFAP) is a joint effort by the U.S. Forest Service and the National Volunteer Fire Council (NVFC) to provide fire professionals and departments with training on how to properly conduct assessments for homes located in the wildland/urban interface (WUI). This is the first program that specifically prepares volunteer firefighters and fire professionals to evaluate a home and provide residents with recommendations to protect their property from wildfires in order to become a more a fire -adapted community.(2) National Fire Protection Association (NFPA) FIREWISE - Conducting an Assessment in the Wildland/Urban Interface: This is a course for fire and forestry professionals and others who want to help residents of areas at risk from wildfire to make their homes safer. Taking this course provides one with a thorough understanding of how homes ignite during wildfires, how simple actions can greatly reduce home ignitions, and how community behavior change can create Firewise homes and communities. A detailed description of Mr. Lowsky's professional experience and references are available. For additional information, please visit our website at www.coloradowildlifescience.com. Traffic Study There will be no change in traffic generated because of the proposed modification. Please see letter from Sopris Engineering at the end of this section. Grading and Drainage Plan The grading and drainage plan remains unchanged. A submittal waiver is being requested Landscape Plan There is no formal Landscape Plan associated with the Subdivision as there is to be no landscaping installed as part of the development. Some ornamental landscaping and small area for irrigation will be added at time of building permit for what will be duly constructed homes on the vacant lots. A waiver is being requested. Impact Analysis A review of the original Impact Analysis indicates that the original analysis and responses is the same and there is no change related to the plan with one exception. Section 8.a of the impact analysis indicates that the sagebrush meadow in the southwest corner of the property will be protected. With the proposed preliminary plan modification, there may be construction in the western part of the meadow. That will be mitigated by expanding the Sage brush Meadow by taking out some of the Pinyon/Juniper as recommended by Colorado Wildlife Science LLC. A copy of the Existing Impact Analysis is included in Section 3. Development Agreement A copy of the Existing Draft Development Agreement is included in Section 3. No changes have been made at this time. We wish to note that the Development Agreement is in the process of being amended as part of the Final Plan and a new Agreement will be provided upon submittal of the Final Plan. Water and Wastewater Plans A submittal waiver is being requested. There are no changes to the Water and Wastewater infrastructure. A small, central water system will be installed along with a 10,000 gallon tank. We have contacted the Carbondale Fire Department and they say the original, propose size is still appropriate so no changes are being made. Each individual lot will have its own OWTS. That will be subject to County regulations at time of Building Permit. They submittal waiver is being requested. Open Space Plan there is no open space plan per se within the Froning Family Subdivision. It is not a PUD and there are no "common areas" put aside for the benefit of the lot owners as a whole. A submittal waiver is being requested. Visual Analysis A copy of the Existing Visual Analysis is included in Section 3. No changes have been made to the Visual Analysis. The only structure that is visible from any public highway is the existing residence on Lot 1. That issue has been addressed as part of the original submittal. Adjustment of the building envelope on Lot 4 should remove the possibility of any structure being seen from CR 107 as one drives south towards the 82/133 intersection. A home on Lot 4 may be visible to a few homes on private lots. Paul Froning has discussed this and work with neighbors in the past to minimize any impact. Affordable Housing Affordable Housing is not applicable for this development. Section 8 — 102 of the LUDC requires affordable housing in Land Use Area 1 for residential subdivisions proposing 15 or more lots. Only 5 lots are being provided in this development. Compliance with Article 7 It is our opinion that the revised building envelopes are minor in nature and that the revised envelopes and the development remain consistent with Article 7 standards and the original Preliminary Plan Approvals. I will note that response to Section 7-401 indicates that the "sage meadow" area has been retained in its present configuration. The preliminary plan modification will allow some development in the Western portion of that sage meadow. However, the sage meadow area will be expanded by removing some of the Pinyon/Juniper vegetation so that the sage meadow area is available for wildlife browse. Covenants A submittal waiver is being requested. These are in the process of being updated as part of the Final Plan. Preliminary Plan Sheets — 2012 Approved CERTIFICATION OF DEDICATION AND OWNERSHIP KNOW ALL MEN BY THESE PRESENTS: THAT THE UNDERSIGNED PAUL ALAN FRONING AND LINDA SINGER FRONING ARE THE OWNERS OF THAT REAL PROPERTY SITUATED IN THE COUNTY OF GARFIELD, STATE OF COLORADO, SAID REAL PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 PRELIMINARY PLAT OF: FRONING FAMILY SUBDIVISION SITUATED IN GOVERNMENT LOT 4, SECTION 27, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M. PARCEL 1 OF THE LAPPALA ROAD 107 SUBDIVISION EXEMPTION PLAT RECORDED JULY 12, 1984 AS RECEPTION NO. 353934 OF THE GARFIELD COUNTY RECORDS, ALSO DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED IN LOT 4 OF SECTION 27, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, LYING EASTERLY OF THE EASTERLY RIGHT-OF-WAY LINE OF A 30 FOOT WIDE ACCESS AND UTILITY EASEMENT AND WESTERLY OF THE EAST LINE OF THE SW1/4NW1/4 OF SAID SECTION 27, SAID PARCEL OF LAND BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS CAP IN PLACE AND PROPERLY MARKED AS THE SOUTHEAST CORNER OF SAID SW1/4NW1/4; THENCE N 00°26'57" E 1024.43 FEET; THENCE N 67°16'18" W 557.62 FEET; THENCE S 73°16'34" W 114.05 TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF A 30 FOOT WIDE PRIVATE ACCESS AND UTILITY EASEMENT; THENCE ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID PRIVATE ACCESS AND UTILITY EASEMENT THE FOLLOWING COURSES: S 23°53' 41" W 31.37 FEET; THENCE 42.54 FEET ALONG THE ARC OF A 240.58 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 28°57'41" W 42.48 FEET; THENCE S 34°01' 34" W 76.90 FEET; THENCE 116.55 FEET ALONG THE ARC OF A 102.75 RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH BEARS S 01°31'55" W 110.40 FEET; THENCE S 30°57' 44" E 113.63 FEET; THENCE 119.50 FEET ALONG THE ARC OF A 114.23 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 0°59'35" E 114.13 FEET; THENCE S 28°58' 35" W 90.46 FEET; THENCE 172.04 FEET ALONG THE ARC OF A 287.39 FOOT RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH BEARS S 11°49'41" W 169.48 FEET; THENCE S 05°19' 14" E 13.87 FEET; THENCE 105.54 FEET ALONG THE ARC OF A 271.32 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 05°43' 03" W 103.89 FEET; THENCE S 16°45' 19" W 50.86 FEET; THENCE 70.92 FEET ALONG THE ARC OF A 151.91 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 30°07' 44" W 70.28 FEET; THENCE LEAVING THE EASTERLY RIGHT-OF-WAY LINE OF SAID PRIVATE ACCESS AND UTILITY EASEMENT ON A COURSE BEARING SOUTH 257.19 FEET; THENCE S 88°01' 21" E 772.36 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD, STATE OF COLORADO SHEET 1 OF 3 INDEX SHEET 1" CERTIFICATES & VICINITY MAP SHEET 2 " PLAT NOTES, BOUNDARY, ADJOINERS, EXISTING EASEMENTS AND FOUND MONUMENTS SHEET 3" PROPOSED AND REMAINING EASEMENTS AND PROPOSED LOTS PURPOSE STATEMENT: RESUBDIVIDE PARCELS 1 & 2 (DESCRIBED IN DEDICATION) TO LOTS 1-5 AND TO VACATE, REALIGN AND RESTATE ALL PRIOR RECORD EASEMENTS TO THOSE SHOWN ON SHEET 3 COUNTY OF GARFIELD, STATE OF COLORADO PARCEL 2 A PARCEL OF LAND SITUATED IN LOT 4 OF SECTION 27, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, LYING EASTERLY OF THE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 107 AND WESTERLY OF THE EASTERLY RIGHT-OF-WAY LINE OF A 30 FOOT WIDE ACCESS AND UTILITY EASEMENT, SAID PARCEL OF LAND BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS CAP IN PLACE AND PROPERLY MARKED AS THE W/4 CORNER OF SAID SECTION 27; THENCE N 00°01'24" E 367.15 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 107; THENCE ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD THE FOLLOWING COURSES: 63.35 FEET ALONG THE ARC OF A 135.88 FOOT RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH BEARS N 46°30'09" E, 62.78 FEET; THENCE N 33°08'46" E 217.96 FEET; THENCE 107.84 FEET ALONG THE ARC OF A 510.06 FOOT RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH BEARS N 2T05'22" E 107.64 FEET; THENCE N 21°01'56" E 87.25; THENCE 66.46 FEET ALONG THE ARC OF A 157.93 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS N 33°05'16" E 65.97 FEET; THENCE N 4500835FL E 40.25 FEET; THENCE 138.42 FEET ALONG ARC OF A 210.85 FOOT RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH BEARS N 26°20'08" EAST 135.95 FEET; THENCE N 07°31'41" E 127.76 FEET; THENCE 148.98 FEET ALONG THE ARC OF A 347.77 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS N 19°48'01" E 147.84 FEET; THENCE N 32°04'20" E 73.53 FEET; THENCE LEAVING THE EASTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD NO. 107 ON A COURSE BEARING EAST 151.45; TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF A 30 FOOT WIDE PRIVATE ACCESS EASEMENT; THENCE ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID PRIVATE ACCESS EASEMENT THE FOLLOWING COURSES: S11°40'03" E 64.13 FEET; THENCE 18.80 FEET ALONG THE ARC OF A 237.55 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 09°24'00" E, 18.80 FEET; THENCE S 07°07'57" E 71.96 FEET; THENCE N 17°16'34" E 38.36 FEET TO A POINT ON THE EASTERLY RIGHT- OF -WAY LINE OF A 30 FOOT WIDE PRIVATE ACCESS AND UTILITY EASEMENT; THENCE ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID PRIVATE ACCESS AND UTILITY EASEMENT THE FOLLOWING COURSES: S 23°53'41" W 31.37 FEET; THENCE 42.54 FEET ALONG THE ARC OF A 240.58 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 28°57'41" W 42.48 FEET; THENCE S 34°01'34" W 76.90 FEET; THENCE 116.55 FEET ALONG THE ARC OF A 102.75 FOOT RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH BEARS S 01°31'55" W 110.40 FEET; THENCE S 30°57'44" E 113.63 FEET; THENCE 119.50 FEET ALONG THE ARC OF A 114.23' RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 00°59'35" E 114.13 FEET; THENCE S 28°58'35" W 90.46 FEET; THENCE 172.04 FEET ALONG THE ARC OF A 287.39 FOOT RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH BEARS S 11°49'41" W 169.48 FEET; THENCE S 05°19'14" 13.87 FEET; THENCE 104.54 FEET ALONG THE ARC OF A 271.32 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 05°43'03" W 103.89 FEET; THENCE S 16°45'19" W 50.86 FEET; THENCE 70.92 FEET ALONG THE ARC OF A 151.91 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 30°07'44" W 70.28 FEET; THENCE LEAVING THE EASTERLY RIGHT-OF-WAY LINE OF SAID PRIVATE ACCESS AND UTILITY EASEMENT ON A COURSE BEARING SOUTH 257.19 FEET; THENCE N 88°01'21" W 533.0 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD, STATE OF COLORADO THAT SAID OWNER HAS CAUSED THE SAID REAL PROPERTY TO BE LAID OUT AND SURVEYED AS FRONING FAMILY SUBDIVISION, A SUBDIVISION OF A PART OF GARFIELD COUNTY, COLORADO. THAT SAID OWNER DOES HEREBY MAKE THE FOLLOWING GRANTS: 1. OWNERS DO HEREBY GRANT TO GARFIELD COUNTY A TEN (10) FOOT RIGHT-OF-WAY EASEMENT AS SHOWN ON SHEET 3. 2. OWNERS DO HEREBY GRANT TO THE OWNERS, GUESTS AND INVITEES OF LOTS 1, 2, 3, 4 AND 5 OF THE FRONING FAMILY SUBDIVISION A PRIVATE ACCESS EASEMENT ON THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED AS "40' PRIVATE ACCESS AND UTILITY EASEMENT" ON THE ACCOMPANYING PLAT FOR THE PURPOSE SO DESIGNATE. SUBJECT TO THE EMERGENCY ACCESS EASEMENT RECORDED AS RECEPTION NO. SERVICE PROVIDERS TO UTILIZE SAID EASEMENT; 3. OWNERS DO HEREBY GRANT TO THE PUBLIC UTILITY PROVIDERS AND THE FRONING FAMILY SUBDIVISION HOMEOWNER'S ASSOCIATION A UTILITY EASEMENT ON THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED AS "UTILITY EASEMENT" AND "40' PRIVATE ACCESS AND UTILITY EASEMENT" ON THE ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES, INCLUDING BUT NOT LIMITED TO ELECTRIC LINES, GAS LINES, TELEPHONE LINES, COMMUNICATION LINES, IRRIGATION LINES AND DRAINAGE FACILITIES; TOGETHER WITH THE RIGHT TO TRIM INTERFERING TREES AND BRUSH, WITH PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH LINES. SUCH EASEMENTS AND RIGHTS SHALL BE UTILIZED IN A REASONABLE AND PRUDENT MANNER. OWNERS: IN WITNESS WHEREOF, SAID OWNER HAS CAUSED HIS NAME TO BE HEREUNTO SUBSCRIBED THIS PAUL ALAN FRONING OWNER (PARCELS 1 & 2) PO BOX 545 CARBONDALE, CO 81623-0545 STATE OF ) SS. COUNTY OF THIS FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS (SEAL) NOTARY PUBLIC TITLE CERTIFICATE VICINITY MAP SCALE 1"=2000' DAY OF , A.D., 20. I, , AN AGENT AUTHORIZED BY A TITLE INSURANCE COMPANY, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS PLAT AND THAT TITLE TO SUCH LANDS IS VESTED IN PAUL ALAN FRONING and LINDA SINGER FRONING FOR PARCEL 1 AND KAREN F. AND JOHN W. HATCHETT, DONALD M. AND BILLIE J. FRONING, PAUL ALAN FRONING and LINDA SINGER FRONING FOR PARCEL 2, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES (INCLUDING MORTGAGES, DEEDS OF TRUST, JUDGMENTS, EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT), EXCEPT AS FOLLOWS: DAY OF . 20 BY PAUL ALAN FRONING, OWNER. MY COMMISSION EXPIRES: IN WITNESS WHEREOF, SAID OWNER HAS CAUSED HIS NAME TO BE HEREUNTO SUBSCRIBED THIS LINDER SINGER FRONING OWNER (PARCELS 1 & 2) PO BOX 545 CARBONDALE, CO 81623-0545 STATE OF ) SS. COUNTY OF THIS FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS (SEAL) NOTARY PUBLIC DAY OF , A.D., 20_ MINERAL OWNERS PAUL ALAN FRONING PO BOX 545 CARBONDALE, CO 81623-0545 LINDER SINGER FRONING PO BOX 545 CARBONDALE, CO 81623-0545 BILLIE J. FRONING 10888 N. PAISANO TUCSON, AZ 85741 KAREN F. HATCHETT 1423 SE DELAWARE BARTLESVILLE, OK 74003 JOHN W. HATCHETT 1423 SE DELAWARE BARTLESVILLE, OK 74003 DAY OF . 20 BY LINDER SINGER FRONING, OWNER. DONALD M. FRONING 10888 N. PAISANO TUCSON, AZ 85741 MY COMMISSION EXPIRES: IN WITNESS WHEREOF, SAID OWNER HAS CAUSED HIS NAME TO BE HEREUNTO SUBSCRIBED THIS BILLIE J. FRONING OWNER (PARCEL 2) [ADDRESS] STATE OF ) SS. COUNTY OF THIS FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS (SEAL) NOTARY PUBLIC DAY OF , A.D., 20 . DAY OF . 20 BILLIE J. FRONING, OWNER. MY COMMISSION EXPIRES: IN WITNESS WHEREOF, SAID OWNER HAS CAUSED HIS NAME TO BE HEREUNTO SUBSCRIBED THIS KAREN F. HATCHETT OWNER (PARCEL 2) 1423 SE DELAWARE BARTLESVILLE, OK 74003 STATE OF ) SS. COUNTY OF THIS FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS (SEAL) NOTARY PUBLIC DAY OF , A.D., 20_ DAY OF . 20 BY KAREN F. HATCHETT, OWNER. MY COMMISSION EXPIRES: PARCEL 1: • 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, AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 7, 1924 IN BOOK 112 AT PAGE 581 AS RECEPTION NO. 87545. • MATTERS DISCLOSED ON THE QUIT CLAIM DEED, RECORDED JANUARY 30, 1939 IN BOOK 181 AT PAGE 276 AS RECEPTION NO. 134671. • ROAD MAP, RECORDED APRIL 7, 1939 IN PLAT BOOK G, AS RECEPTION NO. 135302. • RESOLUTION NO. 80-139 RECORDED JULY 9, 1980 IN BOOK 551 AT PAGE 583 AS RECEPTION NO. 305484, AND RESOLUTION NO. 80-187 AMENDING 80-139, RECORDED AUGUST 7, 1980 IN BOOK 553 AT PAGE 479 AS RECEPTION NO. 306305. • EASEMENT AGREEMENT, RECORDED JULY 11, 1980 IN BOOK 551 AT PAGE 757 AS RECEPTION NO. 305558, AMENDMENT RECORDED JANUARY 20, 1989 IN BOOK 747 AT PAGE 754 AS RECEPTION NO. 398505. • GARFIELD COUNTY RESOLUTION NO. 84-117 RECORDED JULY 3, 1984 IN BOOK 652 AT PAGE 407 AS RECEPTION NO. 353731. • MATTERS DISCLOSED ON THE LAPPALA ROAD 107 SUBDIVISION EXEMPTION PLAT RECORDED JULY 12, 1984 AS RECEPTION NO. 353934. • HOLY CROSS ELECTRIC ASSOCIATION, INC. CONTRACT FOR ELECTRICAL SERVICE (INDIVIDUALS) RECORDED AUGUST 8, 1986 IN BOOK 692 AT PAGE 921 AS RECEPTION NO. 373303. • HOLY CROSS ELECTRIC ASSOCIATION, INC. RIGHT-OF-WAY AND EASEMENT RECORDED AUGUST 8, 1986 IN BOOK 692 AT PAGE 922 AS RECEPTION NO. 373304. • AMENDMENT TO EASEMENT AGREEMENT RECORDED JANUARY 20, 1989 IN BOOK 747 AT PAGE 754 AS RECEPTION NO. 398505. • RESOLUTION NO. 2008 -PC -2008-04, RECORDED NOVEMBER 20, 2008 AS RECEPTION NO. 759050. PARCEL 2: • ANY AND ALL UNPAID TAXES AND ASSESSMENTS AND ANY UNREDEEMED TAX SALES. • THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT AREA. • 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, AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 7, 1924 IN BOOK 112 AT PAGE 581 AS RECEPTION NO. 87545. • MATTERS DISCLOSED ON THE QUIT CLAIM DEED, RECORDED JANUARY 30, 1939 IN BOOK 181 AT PAGE 276 AS RECEPTION NO. 134671. • ROAD MAP, RECORDED APRIL 7, 1939 IN PLAT BOOK G, AS RECEPTION NO. 135302. • RESOLUTION NO. 80-139 RECORDED JULY 9, 1980 IN BOOK 551 AT PAGE 583 AS RECEPTION NO. 305484, AND RESOLUTION NO. 80- 187 AMENDING 80-139, RECORDED AUGUST 7, 1980 IN BOOK 553 AT PAGE 479 AS RECEPTION NO. 306305. • EASEMENT AGREEMENT, RECORDED JULY 11, 1980 IN BOOK 551 AT PAGE 757 AS RECEPTION NO. 305558, AMENDMENT RECORDED JANUARY 20, 1989 IN BOOK 747 AT PAGE 754 AS RECEPTION NO. 398505. • GARFIELD COUNTY RESOLUTION NO. 84-117 RECORDED JULY 3, 1984 IN BOOK 652 AT PAGE 407 AS RECEPTION NO. 353731. • MATTERS DISCLOSED ON THE LAPPALA ROAD 107 SUBDIVISION EXEMPTION PLAT RECORDED JULY 12, 1984 353934. • HOLY CROSS ELECTRIC ASSOCIATION, INC. CONTRACT FOR ELECTRICAL SERVICE (INDIVIDUALS) RECORDED AUGUST AT PAGE 921 AS RECEPTION NO. 373303. • HOLY CROSS ELECTRIC ASSOCIATION, INC. RIGHT-OF-WAY AND EASEMENT RECORDED AUGUST 8, 1986 IN RECEPTION NO. 373304. • AMENDMENT TO EASEMENT AGREEMENT RECORDED JANUARY 20, 1989 IN BOOK 747 AT PAGE 754 AS • RESOLUTION NO. 2008 -PC -2008-04, RECORDED NOVEMBER 20, 2008 AS RECEPTION NO. 759050. DATED THIS DAY OF , A.D., 20_. TITLE COMPANY: STEWART TITLE OF GLENWOOD SPRINGS, INC. AGENT IN WITNESS WHEREOF, SAID OWNER HAS CAUSED HIS NAME TO BE HEREUNTO SUBSCRIBED THIS , A.D., 20. JOHN W. HATCHETT OWNER (PARCEL 2) 1423 SE DELAWARE BARTLESVILLE, OK 74003 STATE OF ) SS. COUNTY OF THIS FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS HATCHETT, OWNER. (SEAL) NOTARY PUBLIC NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. IN WITNESS WHEREOF, SAID OWNER HAS CAUSED HIS NAME TO BE HEREUNTO SUBSCRIBED THIS DAY OF , A.D., 20_ DAY OF . 20 BY JOHN W. MY COMMISSION EXPIRES: DONALD M. FRONING OWNER (PARCEL 2) [ADDRESS] STATE OF ) SS. COUNTY OF THIS FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS FRONING, OWNER. (SEAL) SOPRIS ENGINEERING -LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 NOTARY PUBLIC DAY OF SURVEY NOTES: 1) DATE OF FIELD WORK: DECEMBER, 2008, MARCH, MAY, JULY AND OCTOBER, 2009, AND MAY 27, 2010. 2) DATE OF PREPARATION: JUNE - DECEMBER, 2010 AND MARCH, 2011. 3) BASIS OF BEARING: A BEARING OF N 88°01'21" W BETWEEN THE W1/16 CORNER, SEC. 27, MONUMENTED BY A FOUND 1973 BLM BRASS CAP AND THE W1/4 CORNER, SEC. 27, MONUMENTED BY A FOUND 1973 BLM BRASS CAP, AS SHOWN ON SHEET 2. 4) BASIS OF SURVEY: THE PLAT THE LAPPALA ROAD 107 SUBDIVISION EXEMPTION PLAT RECORDED JULY 12, 1984 AS RECEPTION NO. 353934, THE LEONARD SUBDIVISION EXEMPTION PLAT RECORDED JANUARY 4, 1995 AS RECEPTION NO. 472830, THE 1995 B.L.M. PLAT OF TOWNSHIP 7 SOUTH, RANGE 85 WEST OF THE 6TH P.M., VARIOUS DOCUMENTS OF RECORD AND THE FOUND MONUMENTS, AS SHOWN. 5) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING, LLC (SE) TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING EASEMENTS, RIGHTS OF WAY AND/OR TITLE OF RECORD, SE RELIED UPON THE ABOVE SAID PLATS DESCRIBED IN NOTE 4, AND THE TITLE COMMITMENTS PREPARED BY STEWART TITLE GUARANTY COMPANY, ORDER NO. 929978-C2 (PARCEL 1) AND ORDER NO. 929981-C3 (PARCEL 2), BOTH WITH AN EFFECTIVE DATE OF MARCH 1, 2011. 6) THE LINEAL UNIT USED IN THE PREPARATION OF THIS SURVEY IS THE U.S. SURVEY FOOT AS DEFINED BY THE UNITED STATES DEPARTMENT OF COMMERCE, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. 7) ADJACENT PROPERTY OWNERS INFORMATION ACQUIRED FROM THE GARFIELD COUNTY ASSESSOR'S WEB SITE, UPDATED TO JUNE 28, 2010. LIEN HOLDER CONSENT AND SUBORDINATION (PARCEL 1) THE UNDERSIGNED, BEING THE BENEFICIARY OF A DEED OF TRUST UPON THE REAL PROPERTY WHICH IS PLATTED AND SUBDIVIDED AS SHOWN UPON THE WITHIN FINAL PLAT, HEREBY CERTIFIES THAT IS HAS REVIEWED THE WITHIN FINAL PLAT AND BY THIS CERTIFICATION DOES HEREBY CONSENT TO SAID FINAL PLAT AND TO THE RECORDING THEREOF, AND TO ALL DEDICATIONS MADE BY AND UPON SAID FINAL PLAT AS STATED IN THE CERTIFICATION OF DEDICATION AND OWNERSHIP SET FORTH HEREON, AND DOES HEREBY SUBORDINATE ANY INTEREST THAT IT MAY HAVE IN AND TO THE PROPERTY SUBJECT TO SUCH DEDICATIONS TO THE ENTITIES TO WHICH SUCH DEDICATIONS ARE MADE. DATED THIS CITI FINANCIAL BY: DAY OF , 20. STATE OF COLORADO ) ) SS. COUNTY OF GARFIELD) AS: OF CITI FINANCIAL THIS FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS DAY OF . 20 BY (SEAL) NOTARY PUBLIC MY COMMISSION EXPIRES: EASEMENT HOLDER CONSENT THE UNDERSIGNED, HOLDING EASEMENTS UPON THE REAL PROPERTY WHICH IS PLATTED AND SUBDIVIDED AS SHOWN ON THE WITHIN FINAL PLAT, HEREBY CERTIFIES THAT IT HAS REVIEWED THE WITHIN FINAL PLAT AND BY THIS CERTIFICATION DOES HEREBY CONSENT TO SAID FINAL PLAT AND TO THE RECORDING THEREOF, AND TO ALL DEDICATIONS MADE BY AND UPON SAID FINAL PLAT AS STATED IN THE CERTIFICATION OF DEDICATION AND OWNERSHIP SET FORTH HEREON, AND DOES HEREBY SUBORDINATE ANY INTEREST THAT IT MAY HAVE IN AND TO THE PROPERTY SUBJECT TO SUCH DEDICATIONS TO THE ENTITIES TO WHICH SUCH DEDICATIONS ARE MADE. DATED THIS DAY OF , 20 FRONING FAMILY SUBDIVISION HOMEOWNER'S ASSOCIATION [ADDRESS] BY: FRONING FAMILY SUBDIVISION HOMEOWNER'S ASSOCIATION STATE OF COLORADO ) ) SS. COUNTY OF GARFIELD) THIS FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS DAY OF . 20 BY AS OF FRONING FAMILY SUBDIVISION HOMEOWNER'S ASSOCIATION. (SEAL) NOTARY PUBLIC MY COMMISSION EXPIRES: BOARD OF COUNTY COMMISSIONERS CERTIFICATE THIS PLAT, APPROVED BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO THIS DAY OF , A.D. 20 , FOR FILING WITH THE CLERK AND RECORDER OF GARFIELD COUNTY AND CONVEYANCE TO THE COUNTY OF THE PUBLIC DEDICATIONS SHOWN HEREON; SUBJECT TO THE PROVISION THAT APPROVAL IN NO WAY OBLIGATES GARFIELD COUNTY FOR THE FINANCING OR CONSTRUCTING OF IMPROVEMENTS ON LANDS, PUBLIC HIGHWAYS OR EASEMENTS DEDICATED TO THE PUBLIC EXCEPT AS SPECIFICALLY AGREED TO BY THE BOARD OF COUNTY COMMISSIONERS AND FURTHER THAT SAID APPROVAL SHALL IN NO WAY OBLIGATE GARFIELD COUNTY FOR THE CONSTRUCTION, REPAIR OR MAINTENANCE OF PUBLIC HIGHWAYS. BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO BY: CHAIRMAN WITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD ATTEST: COUNTY CLERK DAY OF MY COMMISSION EXPIRES: . 20 DONALD M. SURVEYOR'S CERTIFICATE I, MARK S. BECKLER, DO HEREBY CERTIFY THAT I AM A REGISTERED LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS PLAT ISA TRUE, CORRECT AND COMPLETE PLAT OF THE FRONING FAMILY SUBDIVISION, AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME AND UNDER MY SUPERVISION AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF SAID SUBDIVISION AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND. IN WITNESS WHEREOF, I HAVE SET MY HAND AND SEAL THIS DAY OF , A.D. 20 . MARK S. BECKLER, L.S. #28643 COUNTY SURVEYOR'S CERTIFICATE APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS OR DRAFTING. PURSUANT TO C.R.S. 1973, 38-51-101 AND 102 (REVISED). SCOTT AIBNER, GARFIELD COUNTY SURVEYOR DATE CLERK AND RECORDER'S CERTIFICATE THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO, AT O'CLOCK .M., ON THE DAY OF 20, AS RECEPTION NO. ATTEST: CLERK AND RECORDER BY: ORK 28180 03/20/'11 PIat\28180—plat-1 w ti 0 1 t \ 0 O - 7 A. 1Z_ s Jl -- fi _� t o.` �"�..,, x 6610 - N; \ r /�j �i.�. „. / reg I(, _ )�C 5-Nx666- .11 • /// _ �'. 01. 'e: o 11 77 t [ \ `��` LN( �p tib. (')ii Sutanl. is II a 63 L ff 1 4y�fj 1< U.y T>'7( ��� IN o 00 ` I I T O p _,• 1-,. )..RIVER t1 a - • I I r,3' ° _ I _ . % #� • ?;1= I; 1- ,I ,:,'may :. D_ I o" I r } {7 . 'I Y f ) •I 6 6n • , /'ii: \:!' : L.•.!� =� •L�!�...'. iia. ,._:_ VICINITY MAP SCALE 1"=2000' DAY OF , A.D., 20. I, , AN AGENT AUTHORIZED BY A TITLE INSURANCE COMPANY, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS PLAT AND THAT TITLE TO SUCH LANDS IS VESTED IN PAUL ALAN FRONING and LINDA SINGER FRONING FOR PARCEL 1 AND KAREN F. AND JOHN W. HATCHETT, DONALD M. AND BILLIE J. FRONING, PAUL ALAN FRONING and LINDA SINGER FRONING FOR PARCEL 2, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES (INCLUDING MORTGAGES, DEEDS OF TRUST, JUDGMENTS, EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT), EXCEPT AS FOLLOWS: DAY OF . 20 BY PAUL ALAN FRONING, OWNER. MY COMMISSION EXPIRES: IN WITNESS WHEREOF, SAID OWNER HAS CAUSED HIS NAME TO BE HEREUNTO SUBSCRIBED THIS LINDER SINGER FRONING OWNER (PARCELS 1 & 2) PO BOX 545 CARBONDALE, CO 81623-0545 STATE OF ) SS. COUNTY OF THIS FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS (SEAL) NOTARY PUBLIC DAY OF , A.D., 20_ MINERAL OWNERS PAUL ALAN FRONING PO BOX 545 CARBONDALE, CO 81623-0545 LINDER SINGER FRONING PO BOX 545 CARBONDALE, CO 81623-0545 BILLIE J. FRONING 10888 N. PAISANO TUCSON, AZ 85741 KAREN F. HATCHETT 1423 SE DELAWARE BARTLESVILLE, OK 74003 JOHN W. HATCHETT 1423 SE DELAWARE BARTLESVILLE, OK 74003 DAY OF . 20 BY LINDER SINGER FRONING, OWNER. DONALD M. FRONING 10888 N. PAISANO TUCSON, AZ 85741 MY COMMISSION EXPIRES: IN WITNESS WHEREOF, SAID OWNER HAS CAUSED HIS NAME TO BE HEREUNTO SUBSCRIBED THIS BILLIE J. FRONING OWNER (PARCEL 2) [ADDRESS] STATE OF ) SS. COUNTY OF THIS FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS (SEAL) NOTARY PUBLIC DAY OF , A.D., 20 . DAY OF . 20 BILLIE J. FRONING, OWNER. MY COMMISSION EXPIRES: IN WITNESS WHEREOF, SAID OWNER HAS CAUSED HIS NAME TO BE HEREUNTO SUBSCRIBED THIS KAREN F. HATCHETT OWNER (PARCEL 2) 1423 SE DELAWARE BARTLESVILLE, OK 74003 STATE OF ) SS. COUNTY OF THIS FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS (SEAL) NOTARY PUBLIC DAY OF , A.D., 20_ DAY OF . 20 BY KAREN F. HATCHETT, OWNER. MY COMMISSION EXPIRES: PARCEL 1: • 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, AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 7, 1924 IN BOOK 112 AT PAGE 581 AS RECEPTION NO. 87545. • MATTERS DISCLOSED ON THE QUIT CLAIM DEED, RECORDED JANUARY 30, 1939 IN BOOK 181 AT PAGE 276 AS RECEPTION NO. 134671. • ROAD MAP, RECORDED APRIL 7, 1939 IN PLAT BOOK G, AS RECEPTION NO. 135302. • RESOLUTION NO. 80-139 RECORDED JULY 9, 1980 IN BOOK 551 AT PAGE 583 AS RECEPTION NO. 305484, AND RESOLUTION NO. 80-187 AMENDING 80-139, RECORDED AUGUST 7, 1980 IN BOOK 553 AT PAGE 479 AS RECEPTION NO. 306305. • EASEMENT AGREEMENT, RECORDED JULY 11, 1980 IN BOOK 551 AT PAGE 757 AS RECEPTION NO. 305558, AMENDMENT RECORDED JANUARY 20, 1989 IN BOOK 747 AT PAGE 754 AS RECEPTION NO. 398505. • GARFIELD COUNTY RESOLUTION NO. 84-117 RECORDED JULY 3, 1984 IN BOOK 652 AT PAGE 407 AS RECEPTION NO. 353731. • MATTERS DISCLOSED ON THE LAPPALA ROAD 107 SUBDIVISION EXEMPTION PLAT RECORDED JULY 12, 1984 AS RECEPTION NO. 353934. • HOLY CROSS ELECTRIC ASSOCIATION, INC. CONTRACT FOR ELECTRICAL SERVICE (INDIVIDUALS) RECORDED AUGUST 8, 1986 IN BOOK 692 AT PAGE 921 AS RECEPTION NO. 373303. • HOLY CROSS ELECTRIC ASSOCIATION, INC. RIGHT-OF-WAY AND EASEMENT RECORDED AUGUST 8, 1986 IN BOOK 692 AT PAGE 922 AS RECEPTION NO. 373304. • AMENDMENT TO EASEMENT AGREEMENT RECORDED JANUARY 20, 1989 IN BOOK 747 AT PAGE 754 AS RECEPTION NO. 398505. • RESOLUTION NO. 2008 -PC -2008-04, RECORDED NOVEMBER 20, 2008 AS RECEPTION NO. 759050. PARCEL 2: • ANY AND ALL UNPAID TAXES AND ASSESSMENTS AND ANY UNREDEEMED TAX SALES. • THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT AREA. • 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, AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 7, 1924 IN BOOK 112 AT PAGE 581 AS RECEPTION NO. 87545. • MATTERS DISCLOSED ON THE QUIT CLAIM DEED, RECORDED JANUARY 30, 1939 IN BOOK 181 AT PAGE 276 AS RECEPTION NO. 134671. • ROAD MAP, RECORDED APRIL 7, 1939 IN PLAT BOOK G, AS RECEPTION NO. 135302. • RESOLUTION NO. 80-139 RECORDED JULY 9, 1980 IN BOOK 551 AT PAGE 583 AS RECEPTION NO. 305484, AND RESOLUTION NO. 80- 187 AMENDING 80-139, RECORDED AUGUST 7, 1980 IN BOOK 553 AT PAGE 479 AS RECEPTION NO. 306305. • EASEMENT AGREEMENT, RECORDED JULY 11, 1980 IN BOOK 551 AT PAGE 757 AS RECEPTION NO. 305558, AMENDMENT RECORDED JANUARY 20, 1989 IN BOOK 747 AT PAGE 754 AS RECEPTION NO. 398505. • GARFIELD COUNTY RESOLUTION NO. 84-117 RECORDED JULY 3, 1984 IN BOOK 652 AT PAGE 407 AS RECEPTION NO. 353731. • MATTERS DISCLOSED ON THE LAPPALA ROAD 107 SUBDIVISION EXEMPTION PLAT RECORDED JULY 12, 1984 353934. • HOLY CROSS ELECTRIC ASSOCIATION, INC. CONTRACT FOR ELECTRICAL SERVICE (INDIVIDUALS) RECORDED AUGUST AT PAGE 921 AS RECEPTION NO. 373303. • HOLY CROSS ELECTRIC ASSOCIATION, INC. RIGHT-OF-WAY AND EASEMENT RECORDED AUGUST 8, 1986 IN RECEPTION NO. 373304. • AMENDMENT TO EASEMENT AGREEMENT RECORDED JANUARY 20, 1989 IN BOOK 747 AT PAGE 754 AS • RESOLUTION NO. 2008 -PC -2008-04, RECORDED NOVEMBER 20, 2008 AS RECEPTION NO. 759050. DATED THIS DAY OF , A.D., 20_. TITLE COMPANY: STEWART TITLE OF GLENWOOD SPRINGS, INC. AGENT IN WITNESS WHEREOF, SAID OWNER HAS CAUSED HIS NAME TO BE HEREUNTO SUBSCRIBED THIS , A.D., 20. JOHN W. HATCHETT OWNER (PARCEL 2) 1423 SE DELAWARE BARTLESVILLE, OK 74003 STATE OF ) SS. COUNTY OF THIS FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS HATCHETT, OWNER. (SEAL) NOTARY PUBLIC NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. IN WITNESS WHEREOF, SAID OWNER HAS CAUSED HIS NAME TO BE HEREUNTO SUBSCRIBED THIS DAY OF , A.D., 20_ DAY OF . 20 BY JOHN W. MY COMMISSION EXPIRES: DONALD M. FRONING OWNER (PARCEL 2) [ADDRESS] STATE OF ) SS. COUNTY OF THIS FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS FRONING, OWNER. (SEAL) SOPRIS ENGINEERING -LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 NOTARY PUBLIC DAY OF SURVEY NOTES: 1) DATE OF FIELD WORK: DECEMBER, 2008, MARCH, MAY, JULY AND OCTOBER, 2009, AND MAY 27, 2010. 2) DATE OF PREPARATION: JUNE - DECEMBER, 2010 AND MARCH, 2011. 3) BASIS OF BEARING: A BEARING OF N 88°01'21" W BETWEEN THE W1/16 CORNER, SEC. 27, MONUMENTED BY A FOUND 1973 BLM BRASS CAP AND THE W1/4 CORNER, SEC. 27, MONUMENTED BY A FOUND 1973 BLM BRASS CAP, AS SHOWN ON SHEET 2. 4) BASIS OF SURVEY: THE PLAT THE LAPPALA ROAD 107 SUBDIVISION EXEMPTION PLAT RECORDED JULY 12, 1984 AS RECEPTION NO. 353934, THE LEONARD SUBDIVISION EXEMPTION PLAT RECORDED JANUARY 4, 1995 AS RECEPTION NO. 472830, THE 1995 B.L.M. PLAT OF TOWNSHIP 7 SOUTH, RANGE 85 WEST OF THE 6TH P.M., VARIOUS DOCUMENTS OF RECORD AND THE FOUND MONUMENTS, AS SHOWN. 5) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING, LLC (SE) TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING EASEMENTS, RIGHTS OF WAY AND/OR TITLE OF RECORD, SE RELIED UPON THE ABOVE SAID PLATS DESCRIBED IN NOTE 4, AND THE TITLE COMMITMENTS PREPARED BY STEWART TITLE GUARANTY COMPANY, ORDER NO. 929978-C2 (PARCEL 1) AND ORDER NO. 929981-C3 (PARCEL 2), BOTH WITH AN EFFECTIVE DATE OF MARCH 1, 2011. 6) THE LINEAL UNIT USED IN THE PREPARATION OF THIS SURVEY IS THE U.S. SURVEY FOOT AS DEFINED BY THE UNITED STATES DEPARTMENT OF COMMERCE, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. 7) ADJACENT PROPERTY OWNERS INFORMATION ACQUIRED FROM THE GARFIELD COUNTY ASSESSOR'S WEB SITE, UPDATED TO JUNE 28, 2010. LIEN HOLDER CONSENT AND SUBORDINATION (PARCEL 1) THE UNDERSIGNED, BEING THE BENEFICIARY OF A DEED OF TRUST UPON THE REAL PROPERTY WHICH IS PLATTED AND SUBDIVIDED AS SHOWN UPON THE WITHIN FINAL PLAT, HEREBY CERTIFIES THAT IS HAS REVIEWED THE WITHIN FINAL PLAT AND BY THIS CERTIFICATION DOES HEREBY CONSENT TO SAID FINAL PLAT AND TO THE RECORDING THEREOF, AND TO ALL DEDICATIONS MADE BY AND UPON SAID FINAL PLAT AS STATED IN THE CERTIFICATION OF DEDICATION AND OWNERSHIP SET FORTH HEREON, AND DOES HEREBY SUBORDINATE ANY INTEREST THAT IT MAY HAVE IN AND TO THE PROPERTY SUBJECT TO SUCH DEDICATIONS TO THE ENTITIES TO WHICH SUCH DEDICATIONS ARE MADE. DATED THIS CITI FINANCIAL BY: DAY OF , 20. STATE OF COLORADO ) ) SS. COUNTY OF GARFIELD) AS: OF CITI FINANCIAL THIS FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS DAY OF . 20 BY (SEAL) NOTARY PUBLIC MY COMMISSION EXPIRES: EASEMENT HOLDER CONSENT THE UNDERSIGNED, HOLDING EASEMENTS UPON THE REAL PROPERTY WHICH IS PLATTED AND SUBDIVIDED AS SHOWN ON THE WITHIN FINAL PLAT, HEREBY CERTIFIES THAT IT HAS REVIEWED THE WITHIN FINAL PLAT AND BY THIS CERTIFICATION DOES HEREBY CONSENT TO SAID FINAL PLAT AND TO THE RECORDING THEREOF, AND TO ALL DEDICATIONS MADE BY AND UPON SAID FINAL PLAT AS STATED IN THE CERTIFICATION OF DEDICATION AND OWNERSHIP SET FORTH HEREON, AND DOES HEREBY SUBORDINATE ANY INTEREST THAT IT MAY HAVE IN AND TO THE PROPERTY SUBJECT TO SUCH DEDICATIONS TO THE ENTITIES TO WHICH SUCH DEDICATIONS ARE MADE. DATED THIS DAY OF , 20 FRONING FAMILY SUBDIVISION HOMEOWNER'S ASSOCIATION [ADDRESS] BY: FRONING FAMILY SUBDIVISION HOMEOWNER'S ASSOCIATION STATE OF COLORADO ) ) SS. COUNTY OF GARFIELD) THIS FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS DAY OF . 20 BY AS OF FRONING FAMILY SUBDIVISION HOMEOWNER'S ASSOCIATION. (SEAL) NOTARY PUBLIC MY COMMISSION EXPIRES: BOARD OF COUNTY COMMISSIONERS CERTIFICATE THIS PLAT, APPROVED BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO THIS DAY OF , A.D. 20 , FOR FILING WITH THE CLERK AND RECORDER OF GARFIELD COUNTY AND CONVEYANCE TO THE COUNTY OF THE PUBLIC DEDICATIONS SHOWN HEREON; SUBJECT TO THE PROVISION THAT APPROVAL IN NO WAY OBLIGATES GARFIELD COUNTY FOR THE FINANCING OR CONSTRUCTING OF IMPROVEMENTS ON LANDS, PUBLIC HIGHWAYS OR EASEMENTS DEDICATED TO THE PUBLIC EXCEPT AS SPECIFICALLY AGREED TO BY THE BOARD OF COUNTY COMMISSIONERS AND FURTHER THAT SAID APPROVAL SHALL IN NO WAY OBLIGATE GARFIELD COUNTY FOR THE CONSTRUCTION, REPAIR OR MAINTENANCE OF PUBLIC HIGHWAYS. BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO BY: CHAIRMAN WITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD ATTEST: COUNTY CLERK DAY OF MY COMMISSION EXPIRES: . 20 DONALD M. SURVEYOR'S CERTIFICATE I, MARK S. BECKLER, DO HEREBY CERTIFY THAT I AM A REGISTERED LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS PLAT ISA TRUE, CORRECT AND COMPLETE PLAT OF THE FRONING FAMILY SUBDIVISION, AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME AND UNDER MY SUPERVISION AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF SAID SUBDIVISION AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND. IN WITNESS WHEREOF, I HAVE SET MY HAND AND SEAL THIS DAY OF , A.D. 20 . MARK S. BECKLER, L.S. #28643 COUNTY SURVEYOR'S CERTIFICATE APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS OR DRAFTING. PURSUANT TO C.R.S. 1973, 38-51-101 AND 102 (REVISED). SCOTT AIBNER, GARFIELD COUNTY SURVEYOR DATE CLERK AND RECORDER'S CERTIFICATE THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO, AT O'CLOCK .M., ON THE DAY OF 20, AS RECEPTION NO. ATTEST: CLERK AND RECORDER BY: ORK 28180 03/20/'11 PIat\28180—plat-1 ©FOUND 1973 BLM BRASS CAP NW COR SEC.27 ALIQUOT MONUMENT REPORT NOTE o MONUMENT REPORT FILED THIS SURVEY PER COLORADO STATE STATUTE REQUIREMENTS. 110 ACCESSORIES AND MONUMENT FOUND PER THIS SURVEY ONSISTENT WITH MONUMENT REPORT FILED ON APRIL 3, 1996 BY FRANK W. HARRINGTON, L.S. 19598. LINE CHART LINE BEARING DISTANCE L1 S73°16'34"W 114.05 L2 N23°53'41"E 31.37 L3 N34°01'34"E 76.90 L4 N30°57'44"W 113.63 L5 N28°58'35"E 90.46 L5A N05°19'14"W 13.87 L6 N16°45'19"E 50.86 L7 N86°12'22"E 13.68 L8 N32°19'22"E 112.82 L9 N34°31'22"E 152.34 L10 N26°03'22"E 134.77 L11 N24°09'22"E 101.18 L12 N41°10'30"E 86.46 L13 N22°43'22"E 94.80 L14 N26°28'12"E 88.88 L15 S11°40'03"E 64.13 L16 S07°07'57"E 71.96 L17 S73°16'34"W 38.35 L18 N46°18'13"E 72.15 L19 NO2°12110"W 146.13 L20 S22°23'39"E 20.00 L46 SO4°18'16"W 54.00' L47 S27°25'59"E 56.34' L48 S66°35'36"E 85.52' L49 S31°09'36"E 62.82' L50 519°53'05"E 98.10' L67 S10°38'46"W 40.66' L68 S10°38'46"W _ 59.19' L69 SO4°29'39"E 85.49' L70 S41°06'24"W 174.72' L71 S01°22'15"E 102.96' L72 S01°15'37"W 77.73' PLAT NOTES: 765.26' STEPHEN and HELEN C. LOW 8300 BURDETTE ROAD, APT. 556 BETHESDA, MD 20817 PARCEL NO. 2393-223-00-184 REC. NO. 513.59' O1 FOUND 1973 BLM BRASS CAP NW COR SEC.27 FOUND WITNESS CORNER REBAR AND CAP L.S. #5933 BLM PRELIMINARY PLAT OF: FRONING FAMILY SUBDIVISION SITUATED IN GOVERNMENT LOT 4, SECTION 27, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO SHEET 2 OF 3 PLAT NOTES, BOUNDARY, ADJOINERS, EXISTING EASEMENTS AND FOUND MONUMENTS FOUND REBAR AND CAP L.S. #ILLEGIBLE N 00°26'57" E 0 765.26' FOUND REBAR AND CAP L.S. #5933 BEARS N89°15'22" E 10.10' NANCY JO QUISENBERRY, REV. TRUST and RICHARD 5. QUISENBERRY JR., REV. TRUST PO BOX 626 CARBONDALE, CO 81623-0626 PARCEL NO. 2393-272-00-019 REC. NO. 306305 FOUND REBAR AND CAP L.S. #14111 2688.96' 100 0 50 GRAPHIC SCALE 100 200 400 BLM ( IN FEET ) 1 inch = 100ft. ®FOUND 1973 BLM BRASS CAP W1/16 SEC.27 I HOLY CROSS ELECTRIC EASEMENT REC. NO. 373304 (NO WIDTDH GIVEN) CENTERED OVER EXISTING OVERHEAD LINE FOUND REBAR AND CAP L.S. #14111 . \ �L�OF co )- -90 'fro • 1o% KENNETH WILLIAM RILEY, JR. PO BOX 584 CARBONDALE, CO 81623-0584 PARCEL NO. 2393-272-00-037 REC. NO. 472830 (LOT 1, LEONARD SUB. EXEMP. PLAT) 356.04' BLM OVERHEAD UTILITY POLE (TYP.) TELEPHONE PEDESTAL oe iVER FOUND REBAR AND CAP \ Ot L.S. #14111 3 ELECTRIC METERS AD ELECTRIC LI C1 (TYP.) r. IMO ID • ALSION K. OSIUS MICHAEL L. BENGE PO BOX 1972 CARBONDALE, CO 81623-4972 PARCEL NO. 2393-272-00-038 REC. NO. 472830 (LOT 2, LEONARD SUB. EXEMP. PLAT) 449.08' N00°01'24"E C2 FOUND REBAR AND CAP L.S. #14111 N14 °5 11 ELECTRIC RISER 220' 4,, 10' RIGHT-OF-WAY (HATCHED) of • SHARON BOUCHER PO BOX 700 CARBONDALE, CO 81623 PARCEL NO. 2393-272-00-003 REC. NO. 714048 / 20' WIDE WATERLINE AND WELL ACCESS EASEMENT PER REC. NO. 353934 REVISED THIS PLAT, SEE SHEET 3 C3 1024.43' A9�,\ Ny 101) PACEL 1 (CURRENT DEDICATION) 809,323 SQ. FT. +/- 18.579 AC. +/- PAUL ALAN FRONING and LINDA SINGER FRONING PO BOX 545 CARBONDALE, CO 81623-0545 PARCEL NO. 2393-272-00-032 REC. NO. 755267 EXISTING GRAVEL SURFACE PARCEL 2 (CURRENT DEDICATION) of 534,449 SQ. FT. +/- 12.269 AC. +/-. of Ot KAREN F. and JOHN W. HATCHETT OVFRNEAp 1423 SE DELAWARE BARTLESVILLE, OK 74003 PARCEL NO. 2393-272-00-032 REC. NO. 646703 DONALD M. and BILLIE J. FRONING 10888 N. PAISANO TUCSON, AZ 85741 L5A C5 �6 20' PRIVATE TRAIL EASEMENT (CENTERLINE) REC. NO. Tr) N 00 30'UTILITYANDACCESS S00°00'00" E \C EASEMENT PER REC. NO. 353934 \\ (ORIGINAL PLAT) \ \, AMENDED PER THIS PLAT, SHEET 3 °e��PyONE ll/vF (Tvp otc. 20' EMERGENCY ACCESS EASEMENT REC. NO. 30' ACCESS & UTILITY EASEMENT (CENTERLINE) REC. NO. 40' WIDE COUNTY ROAD 107 PER REC. NO. 134671 (QUIT CLAIM DEED) AND REC. NO. 135302 (ROAD MAP) (GRAVEL SURFACE) 1) COLORADO ISA "RIGHT -TO -FARM" STATE PURSUANT TO C.R.S. 35-3-101, ET SEQ. LANDOWNERS, RESIDENTS 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 INA COUNTY WITH A STRONG RURAL CHARACTER ANDA HEALTHY RANCHING SECTOR. ALL MUST BE PREPARED TO ENCOUNTER NOISES, ODOR, LIGHTS, MUD, DUST, SMOKE, CHEMICALS, MACHINERY ON PUBLIC ROADS, LIVESTOCK ON PUBLIC ROADS, STORAGE AND DISPOSAL OF MANURE, AND THE APPLICATION BY SPRAYING OR OTHERWISE OF CHEMICAL FERTILIZERS, SOIL AMENDMENTS, HERBICIDES, AND PESTICIDES, ANY ONE OR MORE OF WHICH MAY NATURALLY OCCUR AS A PART OF A LEGAL AND NON -NEGLIGENT AGRICULTURAL OPERATIONS. 2) ALL EXTERIOR LIGHTING WILL BE THE MINIMUM AMOUNT NECESSARY AND ALL EXTERIOR LIGHTING WILL BE DIRECTED INWARD AND DOWNWARD, TOWARDS THE INTERIOR OF THE SUBDIVISION, EXCEPT THAT PROVISIONS MAY BE MADE TO ALLOW FOR SAFETY LIGHTING THAT GOES BEYOND THE PROPERTY BOUNDARIES. 3) NO OPEN HEARTH SOLID -FUEL FIREPLACES WILL BE ALLOWED ANYWHERE WITHIN THE SUBDIVISION. ONE (1) NEW SOLID -FUEL BURNING STOVE AS DEFINED BY C.R.S. 25-7-401, ET. SEW., AND REGULATIONS PROMULGATED THEREUNDER, WILL BE ALLOWED IN ANY DWELLING UNIT. ALL DWELLING UNITS WILL BE ALLOWED AN UNRESTRICTED NUMBER OF NATURAL GAS BURNING STOVES AND APPLIANCES. 4 ALL FOUNDATIONS FOR ALL OF THE UNITS IN THIS DEVELOPMENT SHALL BE REQUIRED TO HAVE PROPERLY ENGINEERED FOUNDATIONS DUE TO THE POTENTIAL FOR HYDRO-COMPACTIVE SOILS IN THE AREA. ALL LOTS REQUIRE SITE SPECIFIC GEOTECHNICAL STUDIES BEFORE A BUILDING PERMIT WILL BE ISSUED. 5) ALL OWNERS OF LAND, WHETHER RANCH OR RESIDENCE, HAVE OBLIGATIONS UNDER STATE LAW AND COUNTY REGULATIONS WITH REGARD TO THE MAINTENANCE OF FENCES AND IRRIGATION DITCHES, CONTROLLING WEEDS, KEEPING LIVESTOCK AND PETS UNDER CONTROL, USING PROPERTY IN ACCORDANCE WITH ZONING, AND OTHER ASPECTS OF USING AND MAINTAINING PROPERTY. RESIDENTS AND LANDOWNERS ARE ENCOURAGED TO LEARN ABOUT THESE RIGHTS AND RESPONSIBILITIES AND ACT AS GOOD NEIGHBORS AND CITIZENS OF THE COUNTY. A GOOD INTRODUCTORY SOURCE FOR SUCH INFORMATION IS "A GUIDE TO RURAL LIVING & SMALL SCALE AGRICULTURE" PUT OUT BY THE COLORADO STATE UNIVERSITY EXTENSION OFFICE IN GARFIELD COUNTY. 6) CERTAIN BUILDING LOCATIONS MAY BE SUBJECT TO GEOLOGIC AND HYDRAULIC HAZARDS. ALL STRUCTURES SHALL REQUIRE THE SUBMITTAL OF AN ENGINEERING REPORT ADDRESSING SOILS AND GEOLOGY CONDITIONS, FOUNDATION DESIGN AND DRAINAGE PREPARED BY A REGISTERED PROFESSIONAL ENGINEER. ALL SITE DEVELOPMENT, INCLUDING BUILDING CONSTRUCTION, SHALL BE CONDUCTED IN ACCORDANCE WITH ENGINEER'S STIPULATION. 7) AN APPROVED ONSITE WASTEWATER SYSTEM (OWS) WILL BE DESIGNED FOR THE INDIVIDUAL LOT BUILDING PERMIT SET. THE OWS SYSTEM WILL BE LOCATED AND DESIGNED IN COMPLIANCE WITH THE CURRENT COUNTY AND STATE OWS REGULATIONS WITH RESPECT TO STORMWATER FLOW AND DETENTION. 8) ALL LOTS MUST SUBMIT GRADING AND DRAINAGE PLANS PER SECTION 10.10 OF THE SUBDIVISION CC&R'S PRIOR TO CONSTRUCTION TAKING PLACE ON ANY LOT. AS A PART OF THE LOT GRADING AND DRAINAGE PLANS, EACH LOT SHALL PROVIDE: A MINIMUM OF 335 CUBIC FEET OF STORMWATER DETENTION VOLUME IN ORDER TO PROVIDE THE REQUIRED PRE -POST DETENTION VOLUME SPECIFIED IN THE FRONING FAMILY PUD SUBDIVISION ENGINEERING REPORT, OR SHALL PROVIDE STORM WATER DETENTION VOLUME CALCULATIONS SHOWING DEVELOPED LOT STORM WATER RUNOFF IS LESS THAN OR EQUAL TO THE PRE -DEVELOPMENT RATE. THE ON LOT CONSTRUCTION SHALL COMPLY WITH THE DRAINAGE AND DETENTION REQUIREMENTS SPECIFIED IN THE GARFIELD COUNTY RULES & REGULATIONS. 9) BUILDING ENVELOPES MAY NOT BE EXPANDED BEYOND THAT SHOWN FOR ANY LOTS LOCATED ON THE FINAL PLAT FOR THE FRONING FAMILY SUBDIVISION AS PER SECTION 3.19 OF THE PROTECTIVE COVENANTS. BUILDING ENVELOPES MAY BE REDUCED IN SIZE, OR ADJUSTED IN LOCATION. RESTRICTION ON MODIFICATIONS OF THE BUILDING ENVELOPES IS TO CONFORM TO THE "OPEN LAND" REQUIREMENTS OF PROPERTY DESIGNATED AS "MEDIUM" ON THE FUTURE LAND USE MAP OF THE GARFIELD COUNTY COMPREHENSIVE PLAN 2030. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. SOPRIS ENGINEERING -LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 2652.68' 916.70' lr 171- N 9 9A\ \ ti / 1 , 1s 1 //� �I, 1, ,Is cg \ \ . I\ °, I ,r-\\ I I �,/CENTERLINE DESCRIBED ON SHEET 3 49 50.13' BLM CURVE TABLE CURVE LENGTH RADIUS TANGENT CHORD BEARING DELTA C1 42.54' 240.58' 21.32' 42.48' N 28°57'41" E 10°07'48" C2 116.55' 102.75' 65.45' 110.40' S 01°31'55" W 64°59'24" C4 172.04' 287.39' 88.68' 169.48' S 11°49'41" W 34°17'54" C5 104.54' 271.32' 52.92' 103.89' N 05°43'03" E 22°04'31" C6 70.92' 151.91' 36.12' 70.28' N 30007144" E 26°44'59" C7 14.68' 135.88' 7.35' 14.67' N 56°45'51" E 6°11'24" C8 101.92' 210.85' 51.98' 100.93' N 21°50'27" E 27°41'43" C9 18.80' 237.55' 9.41' 18.80' N 09°24'00" W 4°32'08" C10 89.75' 151.91' 46.23' 88.45' N 60025139" E 33°51'03" C11 134.40' 317.84' 68.22' 133.40' N 89°27'58" E 24°13'39" C12 124.94' 348.66' 63.15' 124.27' S 36°02'18" W 20031152" C13 93.95' 110.98' 50.00' 91.17' N 22°03'02" E 48°30'14" C44 113.98 200.00 58.58 112.44 S 11°27'49" W 32039106" C45 46.49 200.00 23.35 46.38 S 34°26'52" W 13°19'02" 257.19' GUY POLE 367.15' c s 186.19' `CES__ L69 O O m m m ui O m Z Lu m u_ N88°01'21"W BLM BLM FOUND 1973 BLM RASS CAP W1/4 SEC.27 N 19°52'17" E 100.02' (TIE) MARK E. and DOLLIANNA L. BAKER PO BOX 787 CARBONDALE, CO 81623-0787 PARCEL NO. 2393-284-00-021 REC. NO. 398505 (PARCEL 2) JAMES NADELL PO BOX 1955 CARBONDALE, CO 81623-4922 PARCEL NO. 2393-284-00-022 REC. NO. 398505 (PARCEL 3) JOANN STEPHENSON 64 PCT and MICHAEL BLAINE CONKLIN 36 PCT PO BOX 1301 CARBONDALE, CO 81623 PARCEL NO. 2393-284-00-020 REC. NO. 398505 (PARCEL 1) MARK S. BECKLER, L.S. #28643 ORK 28100 03/20/'11 PSat\28180-plat-1 PROPERTY AREA BEARING PARCEL 1 (PER DEDICATION) 18.579 AC. +/- PARCEL 2 (PER DEDICATION) 12.269 AC. +/- TOTAL = 30.848 AC. +/- LOT 1 (THIS PLAT) 10.853 AC. +/- LOT 2 (THIS PLAT) 4.983 AC. +/- LOT 3 (THIS PLAT) 5.006 AC. +/- LOT4 (THIS PLAT) 5.002 AC. +/- LOT 5 (THIS PLAT) 5.004 AC. +/- TOTAL = 30.848 AC. +/- 100 0 50 GRAPHIC SCALE 100 200 400 ( IN FEET ) 1 inch = 100ft. PLAT NOTES: PRELIMINARY PLAT OF: FRONING FAMILY SUBDIVISION SITUATED IN GOVERNMENT LOT 4, SECTION 27, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO SHEET 3 OF 3 PROPOSED AND REMAINING EASEMENTS AND PROPOSED LOTS 40' WIDE COUNTY ROAD 107 PER REC. NO. 134671 (QUIT CLAIM DEED) AND REC. NO. 135302 (ROAD MAP) (GRAVEL SURFACE) 30' ACCESS & UTILITY EASEMENT REC. NO. , C7 20' UTILITY EASEMENT PER THIS PLAT CENTERLINE DESCRIBED 10' RIGHT-OF-WAY EASEMENT (HATCHED) 40' PRIVATE ACCESS & UTILITY EASEMENT PER THIS PLAT CENTERLINE DESCRIBED , 20' EMERGENCY ACCESS EASEMENT REC. NO. CENTERLINE DESCRIBED m , , ti /// No C,Hr)Cipj N90°00'00"E 151.17' L76 L75 1@) 0 1 „ r, °16`21 \ 21 1 Gid LOT 2 10'-' ' 4.983 ACRES S 82°44154„ E tr' \� 104.09' 'T -'o' s ,r \ \, kfilikt BUILDING wig' ENVELOPE / /// ," \N 5��°545 1g1.42 20' 20' UTILITY EASEMENT PER THIS PLAT CENTERLINE DESCRIBED L43 w HOLY CROSS ELECTRIC EASEMENT REC. NO. 373304 (NO WIDTH GIVEN) CENTERED OVER EXISTING OVERHEAD LINE E------ KN %�\S15 A$%'1 4T6 ' N13°46nR' E 102.7' -S � 82d 0713 E 221.95' AO • 21 I! 1 v\„ \ / / '.P\, //// _ _ / Ss12"'w -_ I 20' PRIVATE TRAIL EASEMENT (CENTERLINE) I z REC. NO. LOT 3 5.006 AC. +1- BUILDING ENVELOPE 185.0' \voo C18/ sr\`-;) BUILDING .cP \O- ENVELOPE of0 LD N N 20.80' V ?10 0 Z- ' 0.2. IN Q4, 10' 20' BUILDING ENVELOPE LOT 4 5.002 Acres 874.38' N88°01'21"W 1) COLORADO ISA "RIGHT -TO -FARM" STATE PURSUANT TO C.R.S. 35-3-101, ET SEQ. LANDOWNERS, RESIDENTS 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 INA COUNTY WITH A STRONG RURAL CHARACTER ANDA HEALTHY RANCHING SECTOR. ALL MUST BE PREPARED TO ENCOUNTER NOISES, ODOR, LIGHTS, MUD, DUST, SMOKE, CHEMICALS, MACHINERY ON PUBLIC ROADS, LIVESTOCK ON PUBLIC ROADS, STORAGE AND DISPOSAL OF MANURE, AND THE APPLICATION BY SPRAYING OR OTHERWISE OF CHEMICAL FERTILIZERS, SOIL AMENDMENTS, HERBICIDES, AND PESTICIDES, ANY ONE OR MORE OF WHICH MAY NATURALLY OCCUR AS A PART OF A LEGAL AND NON -NEGLIGENT AGRICULTURAL OPERATIONS. 2) ALL EXTERIOR LIGHTING WILL BE THE MINIMUM AMOUNT NECESSARY AND ALL EXTERIOR LIGHTING WILL BE DIRECTED INWARD AND DOWNWARD, TOWARDS THE INTERIOR OF THE SUBDIVISION, EXCEPT THAT PROVISIONS MAY BE MADE TO ALLOW FOR SAFETY LIGHTING THAT GOES BEYOND THE PROPERTY BOUNDARIES. 3) NO OPEN HEARTH SOLID -FUEL FIREPLACES WILL BE ALLOWED ANYWHERE WITHIN THE SUBDIVISION. ONE (1) NEW SOLID -FUEL BURNING STOVE AS DEFINED BY C.R.S. 25-7-401, ET. SEW., AND REGULATIONS PROMULGATED THEREUNDER, WILL BE ALLOWED IN ANY DWELLING UNIT. ALL DWELLING UNITS WILL BE ALLOWED AN UNRESTRICTED NUMBER OF NATURAL GAS BURNING STOVES AND APPLIANCES. 4 ALL FOUNDATIONS FOR ALL OF THE UNITS IN THIS DEVELOPMENT SHALL BE REQUIRED TO HAVE PROPERLY ENGINEERED FOUNDATIONS DUE TO THE POTENTIAL FOR HYDRO-COMPACTIVE SOILS IN THE AREA. ALL LOTS REQUIRE SITE SPECIFIC GEOTECHNICAL STUDIES BEFORE A BUILDING PERMIT WILL BE ISSUED. 5) ALL OWNERS OF LAND, WHETHER RANCH OR RESIDENCE, HAVE OBLIGATIONS UNDER STATE LAW AND COUNTY REGULATIONS WITH REGARD TO THE MAINTENANCE OF FENCES AND IRRIGATION DITCHES, CONTROLLING WEEDS, KEEPING LIVESTOCK AND PETS UNDER CONTROL, USING PROPERTY IN ACCORDANCE WITH ZONING, AND OTHER ASPECTS OF USING AND MAINTAINING PROPERTY. RESIDENTS AND LANDOWNERS ARE ENCOURAGED TO LEARN ABOUT THESE RIGHTS AND RESPONSIBILITIES AND ACT AS GOOD NEIGHBORS AND CITIZENS OF THE COUNTY. A GOOD INTRODUCTORY SOURCE FOR SUCH INFORMATION IS "A GUIDE TO RURAL LIVING & SMALL SCALE AGRICULTURE" PUT OUT BY THE COLORADO STATE UNIVERSITY EXTENSION OFFICE IN GARFIELD COUNTY. 6) CERTAIN BUILDING LOCATIONS MAY BE SUBJECT TO GEOLOGIC AND HYDRAULIC HAZARDS. ALL STRUCTURES SHALL REQUIRE THE SUBMITTAL OF AN ENGINEERING REPORT ADDRESSING SOILS AND GEOLOGY CONDITIONS, FOUNDATION DESIGN AND DRAINAGE PREPARED BY A REGISTERED PROFESSIONAL ENGINEER. ALL SITE DEVELOPMENT, INCLUDING BUILDING CONSTRUCTION, SHALL BE CONDUCTED IN ACCORDANCE WITH ENGINEER'S STIPULATION. 7) AN APPROVED ONSITE WASTEWATER SYSTEM (OWS) WILL BE DESIGNED FOR THE INDIVIDUAL LOT BUILDING PERMIT SET. THE OWS SYSTEM WILL BE LOCATED AND DESIGNED IN COMPLIANCE WITH THE CURRENT COUNTY AND STATE OWS REGULATIONS WITH RESPECT TO STORMWATER FLOW AND DETENTION. 8) ALL LOTS MUST SUBMIT GRADING AND DRAINAGE PLANS PER SECTION 10.10 OF THE SUBDIVISION CC&R'S PRIOR TO CONSTRUCTION TAKING PLACE ON ANY LOT. ASA PART OF THE LOT GRADING AND DRAINAGE PLANS, EACH LOT SHALL PROVIDE: A MINIMUM OF 335 CUBIC FEET OF STORMWATER DETENTION VOLUME IN ORDER TO PROVIDE THE REQUIRED PRE -POST DETENTION VOLUME SPECIFIED IN THE FRONING FAMILY PUD SUBDIVISION ENGINEERING REPORT, OR SHALL PROVIDE STORM WATER DETENTION VOLUME CALCULATIONS SHOWING DEVELOPED LOT STORM WATER RUNOFF IS LESS THAN OR EQUAL TO THE PRE -DEVELOPMENT RATE. THE ON LOT CONSTRUCTION SHALL COMPLY WITH THE DRAINAGE AND DETENTION REQUIREMENTS SPECIFIED IN THE GARFIELD COUNTY RULES & REGULATIONS. 9) BUILDING ENVELOPES MAY NOT BE EXPANDED BEYOND THAT SHOWN FOR ANY LOTS LOCATED ON THE FINAL PLAT FOR THE FRONING FAMILY SUBDIVISION AS PER SECTION 3.19 OF THE PROTECTIVE COVENANTS. BUILDING ENVELOPES MAY BE REDUCED IN SIZE, OR ADJUSTED IN LOCATION. RESTRICTION ON MODIFICATIONS OF THE BUILDING ENVELOPES IS TO CONFORM TO THE "OPEN LAND" REQUIREMENTS OF PROPERTY DESIGNATED AS "MEDIUM" ON THE FUTURE LAND USE MAP OF THE GARFIELD COUNTY COMPREHENSIVE PLAN 2030. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. \'s 61 0 3 49 S>, \ BUILDING ENVELOPE h S S ,o,M \ �\°'73, 18, ^1/(S)-) p111\F °p ti�/oti \ .........d (BASIS OF BEARING) 03 20' WIDE WATERLINE AND WELL ACCESS EASEMENT PER REC. NO. 353934, REVISED THIS PLAT ?, 6N\ 7e0d. *cs Q9, LOT 1 \ 10.853 Acres S61°3Sp6 .o 40' PRIVATE ACCESS & UTILITY EASEMENT PER THIS PLAT LOT 5 5.004 Acres 68, Ss, 1305.36' 256.79' MONUMENT NOTE: N m ri 0 N 174.19' _! „LS,9Zo00 N 0 N w ALL EXTERIOR BOUNDARY CORNERS HAVE BEEN SET. ALL INDIVIDUAL PARCEL CORNERS "SHALL BE MARKED WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THE SALES CONTRACT." PER C.R.S. 38-51-105 (1)(b) O SET NO. 5 REBAR W/1.25" PLASTIC CAP, LS. 28643 ® FOUND MONUMENT AS DESCRIBED ON SHEET 2 FOUND B.LM. AS DESCRIBED ON SHEET 2 SOPRIS ENGINEERING -LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 LINE TABLE LINE BEARING LENGTH L2 N 23°53'41" E 31.37' L3 N 34°01'34" E 76.90' L4 N 30°57'44" W 113.63' L5 N 28°58'35" E 90.46' L6 N 16°45'19" E 50.86' L7 N 86°12'22" E 13.68' L8 N 32°19'22" E 112.82' L9 N 34°31'22" E 152.34' L10 N 26°03'22" E 134.77' L11 N 24°09'22" E 101.18' L12 S 41°10'30" W 86.46' L13 N 22°43'22" E 94.79' L14 N 26°28'12" E 88.88' L15 S 11°40'03" E 64.13' L16 S 07°07'57" E 71.96' L18 N 46°18'13" E 72.15' L19 N 02°12'10" W 146.13' L20 S 22°23'39" E 20.00' L21 S 34°41'31" W 4.83' L23 N 53°46'54" E 55.34' L24 S 27°01'12" W 146.02' L25 S 45°30'26" E 10.90' L26 S 21°18'58" E 62.50' L27 S 34°41'31" W 44.89' L28 S 25°10'13" W 77.46' L29 S 54°58'03" E 65.73' L30 S 86°04'54" W 48.93' L31 S 11°47'53" E 64.38' L32 N 03°48'06" W 78.50' L33 N 16°45'39" E 13.01' L34 N 07°52'28" E 38.69' L35 N 02°31'41" E 60.60' L36 N 04°07'36" W 39.78' L37 N 20°11'33" W 52.37' L38 S 82°56'11" W 75.37' L39 N 62°38'48" W 86.96' L40 N 59°25'48" E 46.47' L41 S 16°45'39" W 70.11' L42 N 82°57'17" E 123.54' L43 N 05°07'22" W 32.04' L44 S 25°10'13" W 49.71' L45 N 64°49'47" W 29.73' L46 N 04°18'16" E 54.00' L47 N 27°25'59" W 56.34' L48 N 66°35'36" W 85.52' L49 N 31°09'36" W 62.82' L50 N 19°53'05" W 98.10' L74 N 17°19'51" E 121.33' L75 S 11°40'03" E 55.24' L76 S 11°40'03" E 8.87' CURVE TABLE CURVE LENGTH RADIUS TANGENT CHORD BEARING DELTA C1 42.54 240.58 21.32 42.48 N28°57'41"E 10°07'48" C2 116.55 102.75 65.45 110.40 S01°31'55"W 64°59'24" C3 119.51 114.23 65.87 114.13 N00°59'35"W 59°56'32" C4 172.04 287.39 88.68 169.48 S11°49'41"W 34°17'54" C5 104.54 271.32 52.92 103.89 N05°43'03"E 22°04'31" C6 70.92 151.91 36.12 70.28 N30°07'44"E 26°44'59" C7 14.68 135.88 7.35 14.67 N56°45'51"E 6°11'24" C9 18.80 237.55 9.41 18.80 N09°24100"W 4°32'08" C10 89.75 151.91 46.23 88.45 N60°25'39"E 33°51'03" C11 134.40 317.84 68.22 133.40 N89°27'58"E 24°13'39" C12 124.94 348.66 63.15 124.27 536°02'18"W 20°31'52" C13 93.95 110.98 50.00 91.17 N22°03'02"E 48°30'14" C14 126.58 100.00 73.36 118.30 N09°14'37"W 72°31'38" C15 33.78 80.00 17.14 33.53 533°24'42"E 24°11'28" C16 102.64 105.00 55.84 98.60 506°41'17"W 56°00'28" C17 24.10 145.00 12.08 24.07 N29°55'52"E 9°31'18" C18 68.04 195.00 34.37 67.70 506°11'41"W 19°59'34" C19 69.20 150.00 35.23 68.59 509°24'51"W 26°25'56" C20 71.78 200.00 36.28 71.39 N06°28'46"E 20°33'45" C21 11.47 38.00 5.78 11.43 N06°07'19"W 17°18'00" C22 11.61 100.00 5.81 11.61 S00°47'58"E 6°39'17" C23 56.08 200.00 28.23 55.90 512°09'35"E 16°03'57" C24 73.79 55.00 43.65 68.38 558°37'41"E 76°52'16" C25 51.06 85.00 26.33 50.29 N79°51'18"W 34°25'01" C26 68.01 85.00 35.94 66.21 585°34'01"E 45°50'26" C27 81.23 85.00 44.01 78.17 N44°08'13"E 54°45'07" MARK S. BECKLER, L.S. #28643 ORK 28189 03/29/'11 PSat\281110-plat-1 Proposed Preliminary Plan Sheets — New Envelopes CERTIFICATION OF DEDICATION AND OWNERSHIP THE UNDERSIGNED PAUL ALAN FRONING AND LINDA SINGER FRONING, BEING SOLE OWNERS(S) IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN GARFIELD COUNTY, DESCRIBED AS FOLLOWS: PARCEL 1 PARCEL 1 OF THE LAPPALA ROAD 107 SUBDIVISION EXEMPTION PLAT RECORDED JULY 12, 1984 AS RECEPTION NO. 353934 OF THE GARFIELD COUNTY RECORDS, ALSO DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED IN LOT 4 OF SECTION 27, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, LYING EASTERLY OF THE EASTERLY RIGHT-OF-WAY LINE OF A 30 FOOT WIDE ACCESS AND UTILITY EASEMENT AND WESTERLY OF THE EAST LINE OF THE SW1/4NW1/4 OF SAID SECTION 27, SAID PARCEL OF LAND BEING MORE FULLY DESCRIBED AS FOLLOWS: PRELIMINARY PLAT OF: FRONING FAMILY SUBDIVISION SITUATED IN GOVERNMENT LOT 4, SECTION 27, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO SHEET 1 OF 3 BEGINNING AT A BRASS CAP IN PLACE AND PROPERLY MARKED AS THE SOUTHEAST CORNER OF SAID SW1/4NW1/4; THENCE N 00°26'57" E 1024.43 FEET; THENCE N 67°16'18" W 557.62 FEET; THENCE S 73°16'34" W 114.05 TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF A 30 FOOT WIDE PRIVATE ACCESS AND UTILITY EASEMENT; THENCE ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID PRIVATE ACCESS AND UTILITY EASEMENT THE FOLLOWING COURSES: S 23°53' 41" W 31.37 FEET; THENCE 42.54 FEET ALONG THE ARC OF A 240.58 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 28°57'41" W 42.48 FEET; THENCE S 34°01' 34" W 76.90 FEET; THENCE 116.55 FEET ALONG THE ARC OF A 102.75 RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH BEARS S 01°31'55" W 110.40 FEET; THENCE S 30°57 44" E 113.63 FEET; THENCE 119.50 FEET ALONG THE ARC OF A 114.23 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 0°59'35" E 114.13 FEET; THENCE S 28°58' 35" W 90.46 FEET; THENCE 172.04 FEET ALONG THE ARC OF A 287.39 FOOT RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH BEARS S 11°49'41" W 169.48 FEET; THENCE S 05°19' 14" E 13.87 FEET; THENCE 105.54 FEET ALONG THE ARC OF A 271.32 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 05°43' 03" W 103.89 FEET; THENCE S 16°45' 19" W 50.86 FEET; THENCE 70.92 FEET ALONG THE ARC OF A 151.91 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 30°07' 44" W 70.28 FEET; THENCE LEAVING THE EASTERLY RIGHT-OF-WAY LINE OF SAID PRIVATE ACCESS AND UTILITY EASEMENT ON A COURSE BEARING SOUTH 257.19 FEET; THENCE S 88°01' 21" E 772.36 FEET TO THE POINT OF BEGINNING. INDEX SHEET 1 " CERTIFICATES & VICINITY MAP SHEET 2" PLAT NOTES, BOUNDARY, ADJOINERS, EXISTING EASEMENTS AND FOUND MONUMENTS SHEET 3 " PROPOSED AND REMAINING EASEMENTS AND PROPOSED LOTS PURPOSE STATEMENT: RESUBDIVIDE PARCELS 1 & 2 (DESCRIBED IN DEDICATION) TO LOTS 1-5 AND TO VACATE, REALIGN AND RESTATE ALL PRIOR RECORD EASEMENTS TO THOSE SHOWN ON SHEET 3 COUNTY OF GARFIELD, STATE OF COLORADO PARCEL 2 A PARCEL OF LAND SITUATED IN LOT 4 OF SECTION 27, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, LYING EASTERLY OF THE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 107 AND WESTERLY OF THE EASTERLY RIGHT-OF-WAY LINE OF A 30 FOOT WIDE ACCESS AND UTILITY EASEMENT, SAID PARCEL OF LAND BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING ATA BRASS CAP IN PLACE AND PROPERLY MARKED AS THE W/4 CORNER OF SAID SECTION 27; THENCE N 00°01'24" E 367.15 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 107; THENCE ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD THE FOLLOWING COURSES: 63.35 FEET ALONG THE ARC OF A 135.88 FOOT RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH BEARS N 46°30'09" E, 62.78 FEET; THENCE N 33°08'46" E 217.96 FEET; THENCE 107.84 FEET ALONG THE ARC OF A 510.06 FOOT RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH BEARS N 2T05'22" E 107.64 FEET; THENCE N 21°01'56" E 87.25; THENCE 66.46 FEET ALONG THE ARC OF A 157.93 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS N 33°05'16" E 65.97 FEET; THENCE N 4500835FL E 40.25 FEET; THENCE 138.42 FEET ALONG ARC OF A 210.85 FOOT RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH BEARS N 26°20'08" EAST 135.95 FEET; THENCE N 07°31'41" E 127.76 FEET; THENCE 148.98 FEET ALONG THE ARC OF A 347.77 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS N 19°48'01" E 147.84 FEET; THENCE N 32°04'20" E 73.53 FEET; THENCE LEAVING THE EASTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD NO. 107 ON A COURSE BEARING EAST 151.45; TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF A 30 FOOT WIDE PRIVATE ACCESS EASEMENT; THENCE ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID PRIVATE ACCESS EASEMENT THE FOLLOWING COURSES: S11°40'03" E 64.13 FEET; THENCE 18.80 FEET ALONG THE ARC OF A 237.55 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 09°24'00" E, 18.80 FEET; THENCE S 07°07'57" E 71.96 FEET; THENCE N 17°16'34" E 38.36 FEET TO A POINT ON THE EASTERLY RIGHT- OF -WAY LINE OF A 30 FOOT WIDE PRIVATE ACCESS AND UTILITY EASEMENT; THENCE ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID PRIVATE ACCESS AND UTILITY EASEMENT THE FOLLOWING COURSES: S 23°53'41" W 31.37 FEET; THENCE 42.54 FEET ALONG THE ARC OF A 240.58 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 28°57'41" W 42.48 FEET; THENCE S 34°01'34" W 76.90 FEET; THENCE 116.55 FEET ALONG THE ARC OF A 102.75 FOOT RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH BEARS S 01°31'55" W 110.40 FEET; THENCE S 30°57'44" E 113.63 FEET; THENCE 119.50 FEET ALONG THE ARC OF A 114.23' RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 00°59'35" E 114.13 FEET; THENCE S 28°58'35" W 90.46 FEET; THENCE 172.04 FEET ALONG THE ARC OF A 287.39 FOOT RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH BEARS S 11°49'41" W 169.48 FEET; THENCE S 05°19'14" 13.87 FEET; THENCE 104.54 FEET ALONG THE ARC OF A 271.32 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 05°43'03" W 103.89 FEET; THENCE S 16°45'19" W 50.86 FEET; THENCE 70.92 FEET ALONG THE ARC OF A 151.91 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 30°07'44" W 70.28 FEET; THENCE LEAVING THE EASTERLY RIGHT-OF-WAY LINE OF SAID PRIVATE ACCESS AND UTILITY EASEMENT ON A COURSE BEARING SOUTH 257.19 FEET; THENCE N 88°01'21" W 533.0 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD, STATE OF COLORADO PARCEL 1 CONTAINING 18.579 ACRES MORE OR LESS AND PARCEL 2 CONTAINING 12.269 ACRES MORE OR LESS, THAT SAID OWNER HAS CAUSED THE SAID REAL PROPERTY TO BE SURVEYED, LAID OUT, PLATTED AND SUBDIVIDED INTO LOTS AND BLOCKS AS SHOWN ON THIS PLAT UNDER THE NAME AND STYLE OF FRONING FAMILY SUBDIVISION, A SUBDIVISION IN THE COUNTY OF GARFIELD. THAT SAID OWNER DOES HEREBY MAKE THE FOLLOWING GRANTS: 1. OWNERS DO HEREBY GRANT TO GARFIELD COUNTY A TEN (10) FOOT RIGHT-OF-WAY EASEMENT AS SHOWN ON SHEET 3. 2. OWNERS DO HEREBY GRANT TO THE OWNERS, GUESTS AND INVITEES OF LOTS 1, 2, 3, 4 AND 5 OF THE FRONING FAMILY SUBDIVISION A PRIVATE ACCESS EASEMENT ON THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED AS "40' PRIVATE ACCESS AND UTILITY EASEMENT" ON THE ACCOMPANYING PLAT FOR THE PURPOSE SO DESIGNATE. SUBJECT TO THE EMERGENCY ACCESS EASEMENT RECORDED AS RECEPTION NO. SERVICE PROVIDERS TO UTILIZE SAID EASEMENT; 3. OWNERS DO HEREBY GRANT TO THE PUBLIC UTILITY PROVIDERS AND THE FRONING FAMILY SUBDIVISION HOMEOWNER'S ASSOCIATION A UTILITY EASEMENT ON THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED AS "UTILITY EASEMENT" AND "40' PRIVATE ACCESS AND UTILITY EASEMENT" ON THE ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES, INCLUDING BUT NOT LIMITED TO ELECTRIC LINES, GAS LINES, TELEPHONE LINES, COMMUNICATION LINES, IRRIGATION LINES AND DRAINAGE FACILITIES; TOGETHER WITH THE RIGHT TO TRIM INTERFERING TREES AND BRUSH, WITH PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH LINES. SUCH EASEMENTS AND RIGHTS SHALL BE UTILIZED IN A REASONABLE AND PRUDENT MANNER. OWNERS: IN WITNESS WHEREOF, SAID OWNER HAS CAUSED HIS NAME TO BE HEREUNTO SUBSCRIBED THIS PAUL ALAN FRONING OWNER (PARCELS 1 & 2) PO BOX 545 CARBONDALE, CO 81623-0545 STATE OF COUNTY OF ) SS. DAY OF , A.D., 20 . THIS FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , A.D. 20 BY PAUL ALAN FRONING, OWNER. (SEAL) NOTARY PUBLIC MY COMMISSION EXPIRES: IN WITNESS WHEREOF, SAID OWNER HAS CAUSED HIS NAME TO BE HEREUNTO SUBSCRIBED THIS LINDER SINGER FRONING OWNER (PARCELS 1 & 2) PO BOX 545 CARBONDALE, CO 81623-0545 STATE OF COUNTY OF ) SS. THIS FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS DAY OF (SEAL) MINERAL OWNERS PAUL ALAN FRONING PO BOX 545 CARBONDALE, CO 81623-0545 LINDER SINGER FRONING DAY OF , A.D., 20. PO BOX 545 CARBONDALE, CO 81623-0545 , A.D. 20 BY LINDER SINGER FRONING, OWNER. BILLIE J. FRONING 10888 N. PAISANO TUCSON, AZ 85741 KAREN F. HATCHETT 1423 SE DELAWARE BARTLESVILLE, OK 74003 JOHN W. HATCHETT 1423 SE DELAWARE BARTLESVILLE, OK 74003 NOTARY PUBLIC MY COMMISSION EXPIRES: DONALD M. FRONING IN WITNESS WHEREOF, SAID OWNER HAS CAUSED HIS NAME TO BE HEREUNTO SUBSCRIBED THIS BILLIE J. FRONING OWNER (PARCEL 2) [ADDRESS] STATE OF COUNTY OF ) SS. 10888 N. PAISANO DAY OF , A.D., 20. TUCSON, AZ 85741 THIS FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , A.D. 20 BILLIE J. FRONING, OWNER. (SEAL) NOTARY PUBLIC MY COMMISSION EXPIRES: IN WITNESS WHEREOF, SAID OWNER HAS CAUSED HIS NAME TO BE HEREUNTO SUBSCRIBED THIS KAREN F. HATCHETT OWNER (PARCEL 2) 1423 SE DELAWARE BARTLESVILLE, OK 74003 STATE OF ) SS. COUNTY OF DAY OF , A.D., 20. THIS FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , A,D. 20 BY KAREN F. HATCHETT, OWNER. (SEAL) NOTARY PUBLIC MY COMMISSION EXPIRES: TITLE CERTIFICATE VICINITY MAP SCALE 1"=2000' , AN AGENT AUTHORIZED BY A TITLE INSURANCE COMPANY, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS PLAT AND THAT TITLE TO SUCH LANDS IS VESTED IN PAUL ALAN FRONING and LINDA SINGER FRONING FOR PARCEL 1 AND KAREN F. AND JOHN W. HATCHETT, DONALD M. AND BILLIE J. FRONING, PAUL ALAN FRONING and LINDA SINGER FRONING FOR PARCEL 2, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES (INCLUDING MORTGAGES, DEEDS OF TRUST, JUDGMENTS, EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT), EXCEPT AS FOLLOWS: PARCEL 1: • 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, AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 7, 1924 IN BOOK 112 AT PAGE 581 AS RECEPTION NO. 87545. • MATTERS DISCLOSED ON THE QUIT CLAIM DEED, RECORDED JANUARY 30, 1939 IN BOOK 181 AT PAGE 276 AS RECEPTION NO. 134671. • ROAD MAP, RECORDED APRIL 7, 1939 IN PLAT BOOK G, AS RECEPTION NO. 135302. • RESOLUTION NO. 80-139 RECORDED JULY 9, 1980 IN BOOK 551 AT PAGE 583 AS RECEPTION NO. 305484, AND RESOLUTION NO. 80-187 AMENDING 80-139, RECORDED AUGUST 7, 1980 IN BOOK 553 AT PAGE 479 AS RECEPTION NO. 306305. • EASEMENT AGREEMENT, RECORDED JULY 11, 1980 IN BOOK 551 AT PAGE 757 AS RECEPTION NO. 305558, AMENDMENT RECORDED JANUARY 20, 1989 IN BOOK 747 AT PAGE 754 AS RECEPTION NO. 398505. • GARFIELD COUNTY RESOLUTION NO. 84-117 RECORDED JULY 3, 1984 IN BOOK 652 AT PAGE 407 AS RECEPTION NO. 353731. • MATTERS DISCLOSED ON THE LAPPALA ROAD 107 SUBDIVISION EXEMPTION PLAT RECORDED JULY 12, 1984 AS RECEPTION NO. 353934. • HOLY CROSS ELECTRIC ASSOCIATION, INC. CONTRACT FOR ELECTRICAL SERVICE (INDIVIDUALS) RECORDED AUGUST 8, 1986 IN BOOK 692 AT PAGE 921 AS RECEPTION NO. 373303. • HOLY CROSS ELECTRIC ASSOCIATION, INC. RIGHT-OF-WAY AND EASEMENT RECORDED AUGUST 8, 1986 IN BOOK 692 AT PAGE 922 AS RECEPTION NO. 373304. • AMENDMENT TO EASEMENT AGREEMENT RECORDED JANUARY 20, 1989 IN BOOK 747 AT PAGE 754 AS RECEPTION NO. 398505. • RESOLUTION NO. 2008 -PC -2008-04, RECORDED NOVEMBER 20, 2008 AS RECEPTION NO. 759050. PARCEL 2: • ANY AND ALL UNPAID TAXES AND ASSESSMENTS AND ANY UNREDEEMED TAX SALES. • THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT AREA. • 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, AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 7, 1924 IN BOOK 112 AT PAGE 581 AS RECEPTION NO. 87545. • MATTERS DISCLOSED ON THE QUIT CLAIM DEED, RECORDED JANUARY 30, 1939 IN BOOK 181 AT PAGE 276 AS RECEPTION NO. 134671. • ROAD MAP, RECORDED APRIL 7, 1939 IN PLAT BOOK G, AS RECEPTION NO. 135302. • RESOLUTION NO. 80-139 RECORDED JULY 9, 1980 IN BOOK 551 AT PAGE 583 AS RECEPTION NO. 305484, AND RESOLUTION NO. 80- 187 AMENDING 80-139, RECORDED AUGUST 7, 1980 IN BOOK 553 AT PAGE 479 AS RECEPTION NO. 306305. • EASEMENT AGREEMENT, RECORDED JULY 11, 1980 IN BOOK 551 AT PAGE 757 AS RECEPTION NO. 305558, AMENDMENT RECORDED JANUARY 20, 1989 IN BOOK 747 AT PAGE 754 AS RECEPTION NO. 398505. • GARFIELD COUNTY RESOLUTION NO. 84-117 RECORDED JULY 3, 1984 IN BOOK 652 AT PAGE 407 AS RECEPTION NO. 353731. • MATTERS DISCLOSED ON THE LAPPALA ROAD 107 SUBDIVISION EXEMPTION PLAT RECORDED JULY 12, 1984 353934. • HOLY CROSS ELECTRIC ASSOCIATION, INC. CONTRACT FOR ELECTRICAL SERVICE (INDIVIDUALS) RECORDED AUGUST AT PAGE 921 AS RECEPTION NO. 373303. • HOLY CROSS ELECTRIC ASSOCIATION, INC. RIGHT-OF-WAY AND EASEMENT RECORDED AUGUST 8, 1986 IN RECEPTION NO. 373304. • AMENDMENT TO EASEMENT AGREEMENT RECORDED JANUARY 20, 1989 IN BOOK 747 AT PAGE 754 AS • RESOLUTION NO. 2008 -PC -2008-04, RECORDED NOVEMBER 20, 2008 AS RECEPTION NO. 759050. DATED THIS DAY OF , A.D., 20 . TITLE COMPANY: STEWART TITLE OF GLENWOOD SPRINGS, INC. AGENT IN WITNESS WHEREOF, SAID OWNER HAS CAUSED HIS NAME TO BE HEREUNTO SUBSCRIBED THIS , A.D., 20. JOHN W. HATCHETT OWNER (PARCEL 2) 1423 SE DELAWARE BARTLESVILLE, OK 74003 STATE OF ) SS. COUNTY OF THIS FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS W. HATCHETT, OWNER. (SEAL) NOTARY PUBLIC NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. IN WITNESS WHEREOF, SAID OWNER HAS CAUSED HIS NAME TO BE HEREUNTO SUBSCRIBED THIS DAY OF , A.D., 20 . DAY OF , A.D. 20 BY JOHN MY COMMISSION EXPIRES: DONALD M. FRONING OWNER (PARCEL 2) [ADDRESS] STATE OF COUNTY OF ) SS. THIS FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS M. FRONING, OWNER. (SEAL) SOPRIS ENGINEERING -LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 NOTARY PUBLIC DAY OF SURVEY NOTES: 1) DATE OF FIELD WORK: DECEMBER, 2008, MARCH, MAY, JULY AND OCTOBER, 2009, AND MAY 27, 2010. 2) DATE OF PREPARATION: JUNE - DECEMBER, 2010; MARCH, 2011 AND MAY - JUNE, 2020. 3) BASIS OF BEARING: A BEARING OF N 88°01'21" W BETWEEN THE W1/16 CORNER, SEC. 27, MONUMENTED BY A FOUND 1973 BLM BRASS CAP AND THE W1/4 CORNER, SEC. 27, MONUMENTED BY A FOUND 1973 BLM BRASS CAP, AS SHOWN ON SHEET 2. 4) BASIS OF SURVEY: THE PLAT THE LAPPALA ROAD 107 SUBDIVISION EXEMPTION PLAT RECORDED JULY 12, 1984 AS RECEPTION NO. 353934, THE LEONARD SUBDIVISION EXEMPTION PLAT RECORDED JANUARY 4, 1995 AS RECEPTION NO. 472830, THE 1995 B.L.M. PLAT OF TOWNSHIP 7 SOUTH, RANGE 85 WEST OF THE 6TH P.M., VARIOUS DOCUMENTS OF RECORD AND THE FOUND MONUMENTS, AS SHOWN. 5) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING, LLC (SE) TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING EASEMENTS, RIGHTS OF WAY AND/OR TITLE OF RECORD, SE RELIED UPON THE ABOVE SAID PLATS DESCRIBED IN NOTE 4, AND THE TITLE COMMITMENTS PREPARED BY STEWART TITLE GUARANTY COMPANY, ORDER NO. 929978-C2 (PARCEL 1) AND ORDER NO. 929981-C3 (PARCEL 2), BOTH WITH AN EFFECTIVE DATE OF MARCH 1, 2011. 6) THE LINEAL UNIT USED IN THE PREPARATION OF THIS SURVEY IS THE U.S. SURVEY FOOT AS DEFINED BY THE UNITED STATES DEPARTMENT OF COMMERCE, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. 7) ADJACENT PROPERTY OWNERS INFORMATION ACQUIRED FROM THE GARFIELD COUNTY ASSESSOR'S WEB SITE, UPDATED TO JUNE 28, 2010. LIEN HOLDER CONSENT AND SUBORDINATION (PARCEL 1) THE UNDERSIGNED, BEING THE BENEFICIARY UNDER A DEED OF TRUST GRANTED BY THE OWNER(S) UPON THE REAL PROPERTY PLATTED AND DIVIDED AS SHOWN UPON THE WITHIN FINAL PLAT, CERTIFIES THAT THE UNDERSIGNED HAS REVIEWED THE FINAL PLAT AND BY THIS CERTIFICATION HEREBY CONSENTS TO SAID FINAL PLAT AND TO THE RECORDING THEREOF. BENEFICIARY FURTHER CONSENTS TO SAID FINAL PLAT AS STATED IN THE CERTIFICATE OF DEDICATION AND OWNERSHIP EXECUTED BY THE OWNER(S) HEREON, AND HEREBY SUBORDINATES ANY INTEREST THAT BENEFICIARY MAY HAVE IN AND TO THE PROPERTY SUBJECT TO SUCH DEDICATION, TO THE ENTITY(IES) OR THE GENERAL PUBLIC TO WHICH SUCH DEDICATION IS MADE. EXECUTED THIS DAY OF , A.D., 20_ CITI FINANCIAL BY: AS: OF CITI FINANCIAL STATE OF COLORADO ) ) SS. COUNTY OF GARFIELD) THIS FOREGOING LIENHOLDER CONSENT, SUBORDINATION AND RELEASE AS TO PUBLIC RIGHT-OF-WAY WAS ACKNOWLEDGED BEFORE ME THIS MY COMMISSION EXPIRES: (SEAL) NOTARY PUBLIC EASEMENT HOLDER CONSENT DAY OF , A.D., 20, BY THE UNDERSIGNED, HOLDING EASEMENTS UPON THE REAL PROPERTY WHICH IS PLATTED AND SUBDIVIDED AS SHOWN ON THE WITHIN FINAL PLAT, HEREBY CERTIFIES THAT IT HAS REVIEWED THE WITHIN FINAL PLAT AND BY THIS CERTIFICATION DOES HEREBY CONSENT TO SAID FINAL PLAT AND TO THE RECORDING THEREOF, AND TO ALL DEDICATIONS MADE BY AND UPON SAID FINAL PLAT AS STATED IN THE CERTIFICATION OF DEDICATION AND OWNERSHIP SET FORTH HEREON, AND DOES HEREBY SUBORDINATE ANY INTEREST THAT IT MAY HAVE IN AND TO THE PROPERTY SUBJECT TO SUCH DEDICATIONS TO THE ENTITIES TO WHICH SUCH DEDICATIONS ARE MADE. DATED THIS DAY OF 20 FRONING FAMILY SUBDIVISION HOMEOWNER'S ASSOCIATION [ADDRESS] BY: FRONING FAMILY SUBDIVISION HOMEOWNER'S ASSOCIATION STATE OF COLORADO ) ) SS. COUNTY OF GARFIELD) THIS FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS DAY OF . 20 BY AS OF FRONING FAMILY SUBDIVISION HOMEOWNER'S ASSOCIATION. (SEAL) NOTARY PUBLIC MY COMMISSION EXPIRES: COUNTY COMMISSIONERS' CERTIFICATE BASED UPON THE REVIEW AND RECOMMENDATION OF GARFIELD COUNTY DIRECTOR OF COMMUNITY DEVELOPMENT, THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, HEREBY APPROVES THIS SUBDIVISION PLAT THIS DAY OF , A.D., 20FOR FILING WITH THE CLERK AND RECORDER OF GARFIELD COUNTY AND FOR CONVEYANCE TO THE COUNTY OF THE PUBLIC DEDICATIONS SHOWN HEREON, SUBJECT TO THE PROVISIONS THAT APPROVAL IN NO WAY OBLIGATES GARFIELD COUNTY FOR THE FINANCING OR CONSTRUCTION OF IMPROVEMENTS ON LANDS, PUBLIC ROADS, HIGHWAYS OR EASEMENTS DEDICATED TO THE PUBLIC, EXCEPT AS SPECIFICALLY AGREED TO BY THE BOARD OF COUNTY COMMISSIONERS BY SUBSEQUENT RESOLUTION. THIS APPROVAL SHALL IN NO WAY OBLIGATE GARFIELD COUNTY FOR THE CONSTRUCTION, REPAIR OR MAINTENANCE OF PUBLIC ROADS, HIGHWAYS OR ANY OTHER PUBLIC DEDICATIONS SHOWN HEREON. CHAIRMAN, BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO WITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD. ATTEST: DAY OF , A.D. 20 DONALD MY COMMISSION EXPIRES: COUNTY CLERK SURVEYOR'S CERTIFICATE 1, MARK S. BECKLER, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS PLAT ISA TRUE, CORRECT AND COMPLETE PLAT OF THE FRONING FAMILY SUBDIVISION, AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME AND UNDER MY SUPERVISION, AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF SAID SUBDIVISION AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND. IN WITNESS WHEREOF, I HAVE SET MY HAND AND SEAL THIS DAY OF , A.D. 20_ MARK S. BECKLER, L.S. #28643 PROFESSIONAL LAND SURVEYOR COUNTY SURVEYOR'S CERTIFICATE APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS OR DRAFTING, PURSUANT TO C.R.S. § 38-51-101 AND 102, ET SEQ. DATED THIS DAY OF , A.D., 20_. SCOTT AIBNER, GARFIELD COUNTY SURVEYOR CLERK AND RECORDER'S CERTIFICATE DATE THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO, AT 20, AND IS DULY RECORDED AS RECEPTION NO. CLERK AND RECORDER BY: O'CLOCK .M., ON THE DAY OF GRK 28189 6/2/2020 M:\2800dwgs\28189\Plat\CIVIL 3D\28189 -plat -1 CIVIL3D.dwg 0 J—� -- SSI 1 I , -" �''f 6800 -"` tY III LL \\78 _ . r\\.ti. �� 6610 ' � Mit �`\ 111 er 7 02 1 :-"686,3--‘, f -• i 1 • -D t I rl `I. . _ ( p t , y----------..._./ 9_ / 11J 'may `•. \\ ��, f'- ` �1 /` \\ 1S5 \\_ fro L ' `'t o- Lem/T „..,"/„.... ,._ ,l'r !9 /: '--�. fry i.� b. ,,, Satank a' • •-,, �`�•_,� -\ r. ;lig;-:,•-. er -(I. Nil"•.. tC t _- j.. V K . '': 1 ' •r'� �% ,',� Q)1. _ ( I `�� '. �� r\\` I (`/) ] jti, oo =t '( ��, 1. ' L L r. =Y;' '�J�n t`_ r o i rI I -�Bo1c ]fountain � 9 ,�fi • 6 r.J , _ -- -u • • i ii r I I•�. -14 rl I mai k \, tl ` ..li TilN _�'\,:','>f�s:,::,:. 1 ,Weaver"- L -f- ' \ 1. .- �`;1..... I :; _, • � ::�:�?:.. 1 -� 6,241 +� I ,r -\l, t 1 ii , -',%......1..'I W0 I 'I 6 - •16,7a I-.`s 13 H 1i-= 1;, ,II II I• a,- - "l •i. � r'l.0arbond ileJiti VICINITY MAP SCALE 1"=2000' , AN AGENT AUTHORIZED BY A TITLE INSURANCE COMPANY, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS PLAT AND THAT TITLE TO SUCH LANDS IS VESTED IN PAUL ALAN FRONING and LINDA SINGER FRONING FOR PARCEL 1 AND KAREN F. AND JOHN W. HATCHETT, DONALD M. AND BILLIE J. FRONING, PAUL ALAN FRONING and LINDA SINGER FRONING FOR PARCEL 2, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES (INCLUDING MORTGAGES, DEEDS OF TRUST, JUDGMENTS, EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT), EXCEPT AS FOLLOWS: PARCEL 1: • 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, AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 7, 1924 IN BOOK 112 AT PAGE 581 AS RECEPTION NO. 87545. • MATTERS DISCLOSED ON THE QUIT CLAIM DEED, RECORDED JANUARY 30, 1939 IN BOOK 181 AT PAGE 276 AS RECEPTION NO. 134671. • ROAD MAP, RECORDED APRIL 7, 1939 IN PLAT BOOK G, AS RECEPTION NO. 135302. • RESOLUTION NO. 80-139 RECORDED JULY 9, 1980 IN BOOK 551 AT PAGE 583 AS RECEPTION NO. 305484, AND RESOLUTION NO. 80-187 AMENDING 80-139, RECORDED AUGUST 7, 1980 IN BOOK 553 AT PAGE 479 AS RECEPTION NO. 306305. • EASEMENT AGREEMENT, RECORDED JULY 11, 1980 IN BOOK 551 AT PAGE 757 AS RECEPTION NO. 305558, AMENDMENT RECORDED JANUARY 20, 1989 IN BOOK 747 AT PAGE 754 AS RECEPTION NO. 398505. • GARFIELD COUNTY RESOLUTION NO. 84-117 RECORDED JULY 3, 1984 IN BOOK 652 AT PAGE 407 AS RECEPTION NO. 353731. • MATTERS DISCLOSED ON THE LAPPALA ROAD 107 SUBDIVISION EXEMPTION PLAT RECORDED JULY 12, 1984 AS RECEPTION NO. 353934. • HOLY CROSS ELECTRIC ASSOCIATION, INC. CONTRACT FOR ELECTRICAL SERVICE (INDIVIDUALS) RECORDED AUGUST 8, 1986 IN BOOK 692 AT PAGE 921 AS RECEPTION NO. 373303. • HOLY CROSS ELECTRIC ASSOCIATION, INC. RIGHT-OF-WAY AND EASEMENT RECORDED AUGUST 8, 1986 IN BOOK 692 AT PAGE 922 AS RECEPTION NO. 373304. • AMENDMENT TO EASEMENT AGREEMENT RECORDED JANUARY 20, 1989 IN BOOK 747 AT PAGE 754 AS RECEPTION NO. 398505. • RESOLUTION NO. 2008 -PC -2008-04, RECORDED NOVEMBER 20, 2008 AS RECEPTION NO. 759050. PARCEL 2: • ANY AND ALL UNPAID TAXES AND ASSESSMENTS AND ANY UNREDEEMED TAX SALES. • THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT AREA. • 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, AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 7, 1924 IN BOOK 112 AT PAGE 581 AS RECEPTION NO. 87545. • MATTERS DISCLOSED ON THE QUIT CLAIM DEED, RECORDED JANUARY 30, 1939 IN BOOK 181 AT PAGE 276 AS RECEPTION NO. 134671. • ROAD MAP, RECORDED APRIL 7, 1939 IN PLAT BOOK G, AS RECEPTION NO. 135302. • RESOLUTION NO. 80-139 RECORDED JULY 9, 1980 IN BOOK 551 AT PAGE 583 AS RECEPTION NO. 305484, AND RESOLUTION NO. 80- 187 AMENDING 80-139, RECORDED AUGUST 7, 1980 IN BOOK 553 AT PAGE 479 AS RECEPTION NO. 306305. • EASEMENT AGREEMENT, RECORDED JULY 11, 1980 IN BOOK 551 AT PAGE 757 AS RECEPTION NO. 305558, AMENDMENT RECORDED JANUARY 20, 1989 IN BOOK 747 AT PAGE 754 AS RECEPTION NO. 398505. • GARFIELD COUNTY RESOLUTION NO. 84-117 RECORDED JULY 3, 1984 IN BOOK 652 AT PAGE 407 AS RECEPTION NO. 353731. • MATTERS DISCLOSED ON THE LAPPALA ROAD 107 SUBDIVISION EXEMPTION PLAT RECORDED JULY 12, 1984 353934. • HOLY CROSS ELECTRIC ASSOCIATION, INC. CONTRACT FOR ELECTRICAL SERVICE (INDIVIDUALS) RECORDED AUGUST AT PAGE 921 AS RECEPTION NO. 373303. • HOLY CROSS ELECTRIC ASSOCIATION, INC. RIGHT-OF-WAY AND EASEMENT RECORDED AUGUST 8, 1986 IN RECEPTION NO. 373304. • AMENDMENT TO EASEMENT AGREEMENT RECORDED JANUARY 20, 1989 IN BOOK 747 AT PAGE 754 AS • RESOLUTION NO. 2008 -PC -2008-04, RECORDED NOVEMBER 20, 2008 AS RECEPTION NO. 759050. DATED THIS DAY OF , A.D., 20 . TITLE COMPANY: STEWART TITLE OF GLENWOOD SPRINGS, INC. AGENT IN WITNESS WHEREOF, SAID OWNER HAS CAUSED HIS NAME TO BE HEREUNTO SUBSCRIBED THIS , A.D., 20. JOHN W. HATCHETT OWNER (PARCEL 2) 1423 SE DELAWARE BARTLESVILLE, OK 74003 STATE OF ) SS. COUNTY OF THIS FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS W. HATCHETT, OWNER. (SEAL) NOTARY PUBLIC NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. IN WITNESS WHEREOF, SAID OWNER HAS CAUSED HIS NAME TO BE HEREUNTO SUBSCRIBED THIS DAY OF , A.D., 20 . DAY OF , A.D. 20 BY JOHN MY COMMISSION EXPIRES: DONALD M. FRONING OWNER (PARCEL 2) [ADDRESS] STATE OF COUNTY OF ) SS. THIS FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS M. FRONING, OWNER. (SEAL) SOPRIS ENGINEERING -LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 NOTARY PUBLIC DAY OF SURVEY NOTES: 1) DATE OF FIELD WORK: DECEMBER, 2008, MARCH, MAY, JULY AND OCTOBER, 2009, AND MAY 27, 2010. 2) DATE OF PREPARATION: JUNE - DECEMBER, 2010; MARCH, 2011 AND MAY - JUNE, 2020. 3) BASIS OF BEARING: A BEARING OF N 88°01'21" W BETWEEN THE W1/16 CORNER, SEC. 27, MONUMENTED BY A FOUND 1973 BLM BRASS CAP AND THE W1/4 CORNER, SEC. 27, MONUMENTED BY A FOUND 1973 BLM BRASS CAP, AS SHOWN ON SHEET 2. 4) BASIS OF SURVEY: THE PLAT THE LAPPALA ROAD 107 SUBDIVISION EXEMPTION PLAT RECORDED JULY 12, 1984 AS RECEPTION NO. 353934, THE LEONARD SUBDIVISION EXEMPTION PLAT RECORDED JANUARY 4, 1995 AS RECEPTION NO. 472830, THE 1995 B.L.M. PLAT OF TOWNSHIP 7 SOUTH, RANGE 85 WEST OF THE 6TH P.M., VARIOUS DOCUMENTS OF RECORD AND THE FOUND MONUMENTS, AS SHOWN. 5) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING, LLC (SE) TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING EASEMENTS, RIGHTS OF WAY AND/OR TITLE OF RECORD, SE RELIED UPON THE ABOVE SAID PLATS DESCRIBED IN NOTE 4, AND THE TITLE COMMITMENTS PREPARED BY STEWART TITLE GUARANTY COMPANY, ORDER NO. 929978-C2 (PARCEL 1) AND ORDER NO. 929981-C3 (PARCEL 2), BOTH WITH AN EFFECTIVE DATE OF MARCH 1, 2011. 6) THE LINEAL UNIT USED IN THE PREPARATION OF THIS SURVEY IS THE U.S. SURVEY FOOT AS DEFINED BY THE UNITED STATES DEPARTMENT OF COMMERCE, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. 7) ADJACENT PROPERTY OWNERS INFORMATION ACQUIRED FROM THE GARFIELD COUNTY ASSESSOR'S WEB SITE, UPDATED TO JUNE 28, 2010. LIEN HOLDER CONSENT AND SUBORDINATION (PARCEL 1) THE UNDERSIGNED, BEING THE BENEFICIARY UNDER A DEED OF TRUST GRANTED BY THE OWNER(S) UPON THE REAL PROPERTY PLATTED AND DIVIDED AS SHOWN UPON THE WITHIN FINAL PLAT, CERTIFIES THAT THE UNDERSIGNED HAS REVIEWED THE FINAL PLAT AND BY THIS CERTIFICATION HEREBY CONSENTS TO SAID FINAL PLAT AND TO THE RECORDING THEREOF. BENEFICIARY FURTHER CONSENTS TO SAID FINAL PLAT AS STATED IN THE CERTIFICATE OF DEDICATION AND OWNERSHIP EXECUTED BY THE OWNER(S) HEREON, AND HEREBY SUBORDINATES ANY INTEREST THAT BENEFICIARY MAY HAVE IN AND TO THE PROPERTY SUBJECT TO SUCH DEDICATION, TO THE ENTITY(IES) OR THE GENERAL PUBLIC TO WHICH SUCH DEDICATION IS MADE. EXECUTED THIS DAY OF , A.D., 20_ CITI FINANCIAL BY: AS: OF CITI FINANCIAL STATE OF COLORADO ) ) SS. COUNTY OF GARFIELD) THIS FOREGOING LIENHOLDER CONSENT, SUBORDINATION AND RELEASE AS TO PUBLIC RIGHT-OF-WAY WAS ACKNOWLEDGED BEFORE ME THIS MY COMMISSION EXPIRES: (SEAL) NOTARY PUBLIC EASEMENT HOLDER CONSENT DAY OF , A.D., 20, BY THE UNDERSIGNED, HOLDING EASEMENTS UPON THE REAL PROPERTY WHICH IS PLATTED AND SUBDIVIDED AS SHOWN ON THE WITHIN FINAL PLAT, HEREBY CERTIFIES THAT IT HAS REVIEWED THE WITHIN FINAL PLAT AND BY THIS CERTIFICATION DOES HEREBY CONSENT TO SAID FINAL PLAT AND TO THE RECORDING THEREOF, AND TO ALL DEDICATIONS MADE BY AND UPON SAID FINAL PLAT AS STATED IN THE CERTIFICATION OF DEDICATION AND OWNERSHIP SET FORTH HEREON, AND DOES HEREBY SUBORDINATE ANY INTEREST THAT IT MAY HAVE IN AND TO THE PROPERTY SUBJECT TO SUCH DEDICATIONS TO THE ENTITIES TO WHICH SUCH DEDICATIONS ARE MADE. DATED THIS DAY OF 20 FRONING FAMILY SUBDIVISION HOMEOWNER'S ASSOCIATION [ADDRESS] BY: FRONING FAMILY SUBDIVISION HOMEOWNER'S ASSOCIATION STATE OF COLORADO ) ) SS. COUNTY OF GARFIELD) THIS FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS DAY OF . 20 BY AS OF FRONING FAMILY SUBDIVISION HOMEOWNER'S ASSOCIATION. (SEAL) NOTARY PUBLIC MY COMMISSION EXPIRES: COUNTY COMMISSIONERS' CERTIFICATE BASED UPON THE REVIEW AND RECOMMENDATION OF GARFIELD COUNTY DIRECTOR OF COMMUNITY DEVELOPMENT, THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, HEREBY APPROVES THIS SUBDIVISION PLAT THIS DAY OF , A.D., 20FOR FILING WITH THE CLERK AND RECORDER OF GARFIELD COUNTY AND FOR CONVEYANCE TO THE COUNTY OF THE PUBLIC DEDICATIONS SHOWN HEREON, SUBJECT TO THE PROVISIONS THAT APPROVAL IN NO WAY OBLIGATES GARFIELD COUNTY FOR THE FINANCING OR CONSTRUCTION OF IMPROVEMENTS ON LANDS, PUBLIC ROADS, HIGHWAYS OR EASEMENTS DEDICATED TO THE PUBLIC, EXCEPT AS SPECIFICALLY AGREED TO BY THE BOARD OF COUNTY COMMISSIONERS BY SUBSEQUENT RESOLUTION. THIS APPROVAL SHALL IN NO WAY OBLIGATE GARFIELD COUNTY FOR THE CONSTRUCTION, REPAIR OR MAINTENANCE OF PUBLIC ROADS, HIGHWAYS OR ANY OTHER PUBLIC DEDICATIONS SHOWN HEREON. CHAIRMAN, BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO WITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD. ATTEST: DAY OF , A.D. 20 DONALD MY COMMISSION EXPIRES: COUNTY CLERK SURVEYOR'S CERTIFICATE 1, MARK S. BECKLER, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS PLAT ISA TRUE, CORRECT AND COMPLETE PLAT OF THE FRONING FAMILY SUBDIVISION, AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME AND UNDER MY SUPERVISION, AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF SAID SUBDIVISION AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND. IN WITNESS WHEREOF, I HAVE SET MY HAND AND SEAL THIS DAY OF , A.D. 20_ MARK S. BECKLER, L.S. #28643 PROFESSIONAL LAND SURVEYOR COUNTY SURVEYOR'S CERTIFICATE APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS OR DRAFTING, PURSUANT TO C.R.S. § 38-51-101 AND 102, ET SEQ. DATED THIS DAY OF , A.D., 20_. SCOTT AIBNER, GARFIELD COUNTY SURVEYOR CLERK AND RECORDER'S CERTIFICATE DATE THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO, AT 20, AND IS DULY RECORDED AS RECEPTION NO. CLERK AND RECORDER BY: O'CLOCK .M., ON THE DAY OF GRK 28189 6/2/2020 M:\2800dwgs\28189\Plat\CIVIL 3D\28189 -plat -1 CIVIL3D.dwg ALIQUOT MONUMENT REPORT NOTE © MONUMENT REPORT FILED THIS SURVEY PER COLORADO STATE STATUTE REQUIREMENTS. ACCESSORIES AND MONUMENT FOUND PER THIS SURVEY ONSISTENT WITH MONUMENT REPORT FILED ON APRIL 3, 1996 BY FRANK W. HARRINGTON, L.S. 19598. LINE CHART LINE BEARING DISTANCE L1 S73°16'34"W 114.05 L2 N23°53'41"E 31.37 L3 N34°01'34"E 76.90 L4 N30°57'44"W 113.63 L5 N28°58'35"E 90.46 L5A N05°19'14"W 13.87 L6 N16°45'19"E 50.86 _ L7 N86°12'22"E 13.68 L8 N32°19'22"E 112.82 _ L9 N34°31'22"E 152.34 L10 N26°03'22"E 134.77 L11 N24°09'22"E 101.18 L12 _ N41°10'30"E 86.46 L13 _ N22°43'22"E 94.80 L14 N26°28'12"E 88.88 L15 S11°40'03"E 64.13 L16 S07°07'57"E 71.96 L17 S73°16'34"W 38.35 L18 N46°18'13"E 72.15 L19 NO2°12'10"W 146.13 L20 S22°23'39"E 20.00 L46 SO4°18'16"W 54.00' L47 S27°25'59"E 56.34' L48 S66°35'36"E 85.52' L49 S31°09'36"E 62.82' L50 S19 53 05 E 98.10' L67 S10°38'46"W 40.66' L68 S10°38'46"W 59.19' L69 SO4°29'39"E 85.49' L70 S41°06'24"W 174.72' L71 S01°22115"E 102.96' L72 S01°15'37"W 77.73' PLAT NOTES: ()FOUND 1973 BLM BRASS CAP NW COR SEC.27 765.26' STEPHEN and HELEN C. LOW 8300 BURDETTE ROAD, APT. 556 BETHESDA, MD 20817 PARCEL NO. 2393-223-00-184 REC. NO. 513.59' 1°FOUND 1973 BLM BRASS CAP NW COR SEC.27 1) COLORADO ISA "RIGHT -TO -FARM" STATE PURSUANT TO C.R.S. 35-3-101, ET SEQ. LANDOWNERS, RESIDENTS 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 WITH A STRONG RURAL CHARACTER AND A HEALTHY RANCHING SECTOR. ALL MUST BE PREPARED TO ENCOUNTER NOISES, ODOR, LIGHTS, MUD, DUST, SMOKE, CHEMICALS, MACHINERY ON PUBLIC ROADS, LIVESTOCK ON PUBLIC ROADS, STORAGE AND DISPOSAL OF MANURE, AND THE APPLICATION BY SPRAYING OR OTHERWISE OF CHEMICAL FERTILIZERS, SOIL AMENDMENTS, HERBICIDES, AND PESTICIDES, ANY ONE OR MORE OF WHICH MAY NATURALLY OCCUR AS A PART OF A LEGAL AND NON -NEGLIGENT AGRICULTURAL OPERATIONS. FOUND WITNESS CORNER REBAR AND CAP L.S. #5933 BLM PRELIMINARY PLAT OF: FRONING FAMILY SUBDIVISION SITUATED IN GOVERNMENT LOT 4, SECTION 27, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO SHEET 2 OF 3 PLAT NOTES, BOUNDARY, ADJOINERS, EXISTING EASEMENTS AND FOUND MONUMENTS . co& FOUND REBAR AND CAP L.S. #ILLEGIBLE N 00°26'57" E L.S. #14111 �Ty 'Q0,9 Oho \ .1oi • 'fro 10, 765.26' FOUND REBAR AND CAP L.S. #5933 BEARS N89°15'22" E 10.10' NANCY JO QUISENBERRY, REV. TRUST and RICHARD S. QUISENBERRY JR., REV. TRUST PO BOX 626 CARBONDALE, CO 81623-0626 PARCEL NO. 2393-272-00-019 REC. NO. 306305 HOLY CROSS ELECTRIC EASEMENT REC. NO. 373304 (NO WIDTDH GIVEN) CENTERED OVER EXISTING OVERHEAD LINE OVERHEAD UTILITY POLE (TYP.) TELEPHONE PEDESTAL FOUND REBAR AND CAP KENNETH WILLIAM RILEY, JR. PO BOX 584 CARBONDALE, CO 81623-0584 PARCEL NO. 2393-272-00-037 REC. NO. 472830 (LOT 1, LEONARD SUB. EXEMP. PLAT) \ FOUND REBAR AND CAP \ Ot L.S. #14111 r. oe ' VER L ,r ALSION K. OSIUS MICHAEL L. BENGE PO BOX 1972 CARBONDALE, CO 81623-4972 PARCEL NO. 2393-272-00-038 REC. NO. 472830 (LOT 2, LEONARD SUB. EXEMP. PLAT) 356.04' 449.08' 2688.96' .0 3 ELECTRIC METERS AD ELECTRIC LI FOUND REBAR AND CAP L.S. #14111 (TYP.) FOUND REBAR AND CAP L.S. #14111 \ LP CP- �\ \'0 20' WIDE WATERLINE AND WELL ACCESS EASEMENT PER REC. NO. 353934 REVISED THIS PLAT, SEE SHEET 3 C3 of ELECTRIC RISER N14 °5 270' 42' 10' RIGHT-OF-WAY (HATCHED) 1 SHARON BOUCHER PO BOX 700 CARBONDALE, CO 81623 PARCEL NO. 2393-272-00-003 REC. NO. 714048 too GRAPHIC SCALE o ao ioo 200 400 BLM ( IN FEET ) 1 inch = 100ft. 1024.43' ° P RA CEL 1 (CURRENT DEDICATION) 809,323 SQ. FT. +1- 18.579 AC. +/- PAUL ALAN FRONING and LINDA SINGER FRONING PO BOX 545 CARBONDALE, CO 81623-0545 PARCEL NO. 2393-272-00-032 REC. NO. 755267 EXISTING GRAVEL SURFACE C4 PARCEL 2 (CURRENT DEDICATION) o t 534,449 SQ. FT. +/- 12.269 AC. +/-. of KAREN F. and JOHN W. HATCHETT OVFRNEgp T 1423 SE DELAWARE otEPHONE BARTLESVILLE, OK 74003 �INF(Typ PARCEL NO. 2393-272-00-032 Otc REC. NO. 646703 DONALD M. and BILLIE J. FRONING 10888 N. PAISANO TUCSON, AZ 85741 FOUND 1973 BLM BRASS CAP W1/16 SEC.27 20' PRIVATE TRAIL EASEMENT (CENTERLINE) REC. NO. 30' UTILITY AND ACCESS EASEMENT PER REC. N0. 353934 \\� \\� (ORIGINAL PLAT) � AMENDED PER THIS PLAT, SHEET 3 40' WIDE COUNTY ROAD 107 PER REC. NO. 134671 (QUIT CLAIM DEED) AND REC. NO. 135302 (ROAD MAP) (GRAVEL SURFACE) 916.70' BLM N00°01'24"E 2) ALL EXTERIOR LIGHTING WILL BE THE MINIMUM AMOUNT NECESSARY AND ALL EXTERIOR LIGHTING WILL BE DIRECTED INWARD AND DOWNWARD, TOWARDS THE INTERIOR OF THE SUBDIVISION, EXCEPT THAT PROVISIONS MAY BE MADE TO ALLOW FOR SAFETY LIGHTING THAT GOES BEYOND THE PROPERTY BOUNDARIES. 3) NO OPEN HEARTH SOLID -FUEL FIREPLACES WILL BE ALLOWED ANYWHERE WITHIN THE SUBDIVISION. ONE (1) NEW SOLID -FUEL BURNING STOVE AS DEFINED BY C.R.S. 25-7-401, ET. SEW., AND REGULATIONS PROMULGATED THEREUNDER, WILL BE ALLOWED IN ANY DWELLING UNIT. ALL DWELLING UNITS WILL BE ALLOWED AN UNRESTRICTED NUMBER OF NATURAL GAS BURNING STOVES AND APPLIANCES. 4) ALL FOUNDATIONS FOR ALL OF THE UNITS IN THIS DEVELOPMENT SHALL BE REQUIRED TO HAVE PROPERLY ENGINEERED FOUNDATIONS DUE TO THE POTENTIAL FOR HYDRO-COMPACTIVE SOILS IN THE AREA. ALL LOTS REQUIRE SITE SPECIFIC GEOTECHNICAL STUDIES BEFORE A BUILDING PERMIT WILL BE ISSUED. 5) ALL OWNERS OF LAND, WHETHER RANCH OR RESIDENCE, HAVE OBLIGATIONS UNDER STATE LAW AND COUNTY REGULATIONS WITH REGARD TO THE MAINTENANCE OF FENCES AND IRRIGATION DITCHES, CONTROLLING WEEDS, KEEPING LIVESTOCK AND PETS UNDER CONTROL, USING PROPERTY IN ACCORDANCE WITH ZONING, AND OTHER ASPECTS OF USING AND MAINTAINING PROPERTY. RESIDENTS AND LANDOWNERS ARE ENCOURAGED TO LEARN ABOUT THESE RIGHTS AND RESPONSIBILITIES AND ACT AS GOOD NEIGHBORS AND CITIZENS OF THE COUNTY. A GOOD INTRODUCTORY SOURCE FOR SUCH INFORMATION IS "A GUIDE TO RURAL LIVING & SMALL SCALE AGRICULTURE" PUT OUT BY THE COLORADO STATE UNIVERSITY EXTENSION OFFICE IN GARFIELD COUNTY. 6) CERTAIN BUILDING LOCATIONS MAY BE SUBJECT TO GEOLOGIC AND HYDRAULIC HAZARDS. ALL STRUCTURES SHALL REQUIRE THE SUBMITTAL OF AN ENGINEERING REPORT ADDRESSING SOILS AND GEOLOGY CONDITIONS, FOUNDATION DESIGN AND DRAINAGE PREPARED BY A REGISTERED PROFESSIONAL ENGINEER. ALL SITE DEVELOPMENT, INCLUDING BUILDING CONSTRUCTION, SHALL BE CONDUCTED IN ACCORDANCE WITH ENGINEER'S STIPULATION. 7) AN APPROVED ONSITE WASTEWATER SYSTEM (OWS) WILL BE DESIGNED FOR THE INDIVIDUAL LOT BUILDING PERMIT SET. THE OWS SYSTEM WILL BE LOCATED AND DESIGNED IN COMPLIANCE WITH THE CURRENT COUNTY AND STATE OWS REGULATIONS WITH RESPECT TO STORMWATER FLOW AND DETENTION. 8) ALL LOTS MUST SUBMIT GRADING AND DRAINAGE PLANS PER SECTION 10.10 OF THE SUBDIVISION CC&R'S PRIOR TO CONSTRUCTION TAKING PLACE ON ANY LOT. ASA PART OF THE LOT GRADING AND DRAINAGE PLANS, EACH LOT SHALL PROVIDE: A MINIMUM OF 335 CUBIC FEET OF STORMWATER DETENTION VOLUME IN ORDER TO PROVIDE THE REQUIRED PRE -POST DETENTION VOLUME SPECIFIED IN THE FRONING FAMILY PUD SUBDIVISION ENGINEERING REPORT, OR SHALL PROVIDE STORM WATER DETENTION VOLUME CALCULATIONS SHOWING DEVELOPED LOT STORM WATER RUNOFF IS LESS THAN OR EQUAL TO THE PRE -DEVELOPMENT RATE. THE ON LOT CONSTRUCTION SHALL COMPLY WITH THE DRAINAGE AND DETENTION REQUIREMENTS SPECIFIED IN THE GARFIELD COUNTY RULES & REGULATIONS. 9) BUILDING ENVELOPES MAY NOT BE EXPANDED BEYOND THAT SHOWN FOR ANY LOTS LOCATED ON THE FINAL PLAT FOR THE FRONING FAMILY SUBDIVISION AS PER SECTION 3.19 OF THE PROTECTIVE COVENANTS. BUILDING ENVELOPES MAY BE REDUCED IN SIZE, OR ADJUSTED IN LOCATION. RESTRICTION ON MODIFICATIONS OF THE BUILDING ENVELOPES IS TO CONFORM TO THE "OPEN LAND" REQUIREMENTS OF PROPERTY DESIGNATED AS "MEDIUM" ON THE FUTURE LAND USE MAP OF THE GARFIELD COUNTY COMPREHENSIVE PLAN 2030. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. SOPRIS ENGINEERING -LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 2652.68' 20' EMERGENCY ACCESS EASEMENT REC. NO. CENTERLINE DESCRIBED ON SHEET 3 30' ACCESS & UTILITY EASEMENT (CENTERLINE) REC. NO. S 00°00'00" E 257.19' GUY POLE I O BLM J CURVE TABLE CURVE LENGTH RADIUS TANGENT CHORD BEARING DELTA C1 42.54' 240.58' 21.32' 42.48' N 28°57'41" E 10007148" C2 116.55' 102.75' 65.45' 110.40' S 01°31'55" W 64°59'24" C4 172.04' 287.39' 88.68' 169.48' S 11°49'41" W 34°17'54" C5 104.54' 271.32' 52.92' 103.89' N 05°43'03" E 22°04'31" C6 70.92' 151.91' 36.12' 70.28' N 30007144" E 26°44'59" C7 14.68' 135.88' 7.35' 14.67' N 56°45'51" E 6°11'24" C8 101.92' 210.85' 51.98' 100.93' N 21°50'27" E 27°41'43" C9 18.80' 237.55' 9.41' 18.80' N 09°24'00" W 4°32'08" C10 89.75' 151.91' 46.23' 88.45' N 60025139" E 33°51'03" C11 134.40' 317.84' 68.22' 133.40' N 89°27'58" E 24°13'39" C12 124.94' 348.66' 63.15' 124.27' S 36°02'18" W 20°31'52" C13 93.95' 110.98' 50.00' 91.17' N 22°03'02" E 48°30'14" C44 113.98 200.00 58.58 112.44 S 11°27'49" W 32039106" C45 46.49 200.00 23.35 46.38 S 34°26'52" W 13°19'02" 00 8" 1 z °� TS 186.19' O O m m 1.n p BASIS OF BEARIN BLM BLM FOUND 1973 BLM RASS CAP W1/4 SEC.27 N 19°52'17" E 100.02' (TIE) L68 - MARK E. and DOLLIANNA L. BAKER PO BOX 787 CARBONDALE, CO 81623-0787 PARCEL NO. 2393-284-00-021 REC. NO. 398505 (PARCEL 2) JAMES NADELL PO BOX 1955 CARBONDALE, CO 81623-4922 PARCEL NO. 2393-284-00-022 REC. NO. 398505 (PARCEL 3) JOANN STEPHENSON 64 PCT and MICHAEL BLAINE CONKLIN 36 PCT PO BOX 1301 CARBONDALE, CO 81623 PARCEL NO. 2393-284-00-020 REC. NO. 398505 (PARCEL 1) MARK S. BECKLER, L.S. #28643 GRK 28189 6/2/2020 M:\2800dwgs\28189\Plat\CIVIL 3D\28189 -plat -1 CIVIL3D.dwg PROPERTY AREA BEARING PARCEL 1(PER DEDICATION) 18.579 AC. +/- PARCEL 2 (PER DEDICATION) 12.269 AC. +/- TOTAL = 30.848 AC. +/- LOT 1 (THIS PLAT) 10.853 AC. +/- LOT 2 (THIS PLAT) 4.983 AC. +/- LOT 3 (THIS PLAT) 5.006 ' AC. +/- LOT 4 (THIS PLAT) 5.002 AC. +/- LOT 5 (THIS PLAT) 5.004 AC. +/- TOTAL = 30.848 AC. +/- 100 0 00 GRAPHIC SCALE 100 200 400 ( IN FEET ) 1 inch = 100ft. PLAT NOTES: 40' WIDE COUNTY ROAD 107 PER REC. NO. 134671 (QUIT CLAIM DEED) AND REC. NO. 135302 (ROAD MAP) (GRAVEL SURFACE) N 30' ACCESS & UTILITY EASEMENT REC. NO. C7 PRELIMINARY PLAT OF: FRONING FAMILY SUBDIVISION SITUATED IN GOVERNMENT LOT 4, SECTION 27, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO SHEET 3 OF 3 PROPOSED AND REMAINING EASEMENTS AND PROPOSED LOTS 20' UTILITY EASEMENT PER THIS PLAT CENTERLINE DESCRIBED 10' RIGHT-OF-WAY EASEMENT (HATCHED) / / / N90°00'00"E 151.17' L76 L75 20' UTILITY EASEMENT PER THIS PLAT CENTERLINE DESCRIBED � `2' L43 ti 21 40' PRIVATE ACCESS & UTILITY EASEMENT PER THIS PLAT CENTERLINE DESCRIBED / 20' EMERGENCY ACCESS EASEMENT REC. NO. CENTERLINE DESCRIBED / / - 5 W 5 4 50" 1 j1.42 20' ° w HOLY CROSS ELECTRIC EASEMENT REC. NO. 373304 (NO WIDTH GIVEN) CENTERED OVER EXISTING OVERHEAD LINE ti LOT 2 4.983 ACRES 20' WIDE WATERLINE AND WELL ACCESS EASEMENT PER REC. NO. 353934, REVISED THIS PLAT BUILDING ENVELOPE 22,324 SQ. FT. 0.512 ACRES / v N13°46`16`, LOT 3 5.006 AC. +/- • S 82°07132„ E / / / / /o /" 20.80' BUILDING ENVELOPE 26,857 SQ. FT. +/- 0.617 ACRES - - I 10' 20' BUILDING ENVELOPE 196,251 SQ. FT. +/- 4.505 ACRES BUILDING ENVELOPE 31,613 SQ. FT. +/- 0.726 ACRES S 494 S�, \ S6Z °33_06, .0 40' PRIVATE ACCESS & UTILITY EASEMENT PER THIS PLAT LOT 5 5.004 Acres /i 20' PRIVATE TRAIL EASEMENT (CENTERLINE) REC. NO. BUILDING ENVELOPE 36,958 SQ FT 0.848 ACRES 1 874.38' ° LOT 4 5.002 Acres N88°01'21"W 1) COLORADO ISA "RIGHT -TO -FARM" STATE PURSUANT TO C.R.S. 35-3-101, ET SEQ. LANDOWNERS, RESIDENTS 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 WITH A STRONG RURAL CHARACTER AND A HEALTHY RANCHING SECTOR. ALL MUST BE PREPARED TO ENCOUNTER NOISES, ODOR, LIGHTS, MUD, DUST, SMOKE, CHEMICALS, MACHINERY ON PUBLIC ROADS, LIVESTOCK ON PUBLIC ROADS, STORAGE AND DISPOSAL OF MANURE, AND THE APPLICATION BY SPRAYING OR OTHERWISE OF CHEMICAL FERTILIZERS, SOIL AMENDMENTS, HERBICIDES, AND PESTICIDES, ANY ONE OR MORE OF WHICH MAY NATURALLY OCCUR AS A PART OF A LEGAL AND NON -NEGLIGENT AGRICULTURAL OPERATIONS. 2) ALL EXTERIOR LIGHTING WILL BE THE MINIMUM AMOUNT NECESSARY AND ALL EXTERIOR LIGHTING WILL BE DIRECTED INWARD AND DOWNWARD, TOWARDS THE INTERIOR OF THE SUBDIVISION, EXCEPT THAT PROVISIONS MAY BE MADE TO ALLOW FOR SAFETY LIGHTING THAT GOES BEYOND THE PROPERTY BOUNDARIES. 3) NO OPEN HEARTH SOLID -FUEL FIREPLACES WILL BE ALLOWED ANYWHERE WITHIN THE SUBDIVISION. ONE (1) NEW SOLID -FUEL BURNING STOVE AS DEFINED BY C.R.S. 25-7-401, ET. SEW., AND REGULATIONS PROMULGATED THEREUNDER, WILL BE ALLOWED IN ANY DWELLING UNIT. ALL DWELLING UNITS WILL BE ALLOWED AN UNRESTRICTED NUMBER OF NATURAL GAS BURNING STOVES AND APPLIANCES. 4) ALL FOUNDATIONS FOR ALL OF THE UNITS IN THIS DEVELOPMENT SHALL BE REQUIRED TO HAVE PROPERLY ENGINEERED FOUNDATIONS DUE TO THE POTENTIAL FOR HYDRO-COMPACTIVE SOILS IN THE AREA. ALL LOTS REQUIRE SITE SPECIFIC GEOTECHNICAL STUDIES BEFORE A BUILDING PERMIT WILL BE ISSUED. 5) ALL OWNERS OF LAND, WHETHER RANCH OR RESIDENCE, HAVE OBLIGATIONS UNDER STATE LAW AND COUNTY REGULATIONS WITH REGARD TO THE MAINTENANCE OF FENCES AND IRRIGATION DITCHES, CONTROLLING WEEDS, KEEPING LIVESTOCK AND PETS UNDER CONTROL, USING PROPERTY IN ACCORDANCE WITH ZONING, AND OTHER ASPECTS OF USING AND MAINTAINING PROPERTY. RESIDENTS AND LANDOWNERS ARE ENCOURAGED TO LEARN ABOUT THESE RIGHTS AND RESPONSIBILITIES AND ACT AS GOOD NEIGHBORS AND CITIZENS OF THE COUNTY. A GOOD INTRODUCTORY SOURCE FOR SUCH INFORMATION IS "A GUIDE TO RURAL LIVING & SMALL SCALE AGRICULTURE" PUT OUT BY THE COLORADO STATE UNIVERSITY EXTENSION OFFICE IN GARFIELD COUNTY. 6) CERTAIN BUILDING LOCATIONS MAY BE SUBJECT TO GEOLOGIC AND HYDRAULIC HAZARDS. ALL STRUCTURES SHALL REQUIRE THE SUBMITTAL OF AN ENGINEERING REPORT ADDRESSING SOILS AND GEOLOGY CONDITIONS, FOUNDATION DESIGN AND DRAINAGE PREPARED BY A REGISTERED PROFESSIONAL ENGINEER. ALL SITE DEVELOPMENT, INCLUDING BUILDING CONSTRUCTION, SHALL BE CONDUCTED IN ACCORDANCE WITH ENGINEER'S STIPULATION. 7) AN APPROVED ONSITE WASTEWATER SYSTEM (OWS) WILL BE DESIGNED FOR THE INDIVIDUAL LOT BUILDING PERMIT SET. THE OWS SYSTEM WILL BE LOCATED AND DESIGNED IN COMPLIANCE WITH THE CURRENT COUNTY AND STATE OWS REGULATIONS WITH RESPECT TO STORMWATER FLOW AND DETENTION. 8) ALL LOTS MUST SUBMIT GRADING AND DRAINAGE PLANS PER SECTION 10.10 OF THE SUBDIVISION CC&R'S PRIOR TO CONSTRUCTION TAKING PLACE ON ANY LOT. ASA PART OF THE LOT GRADING AND DRAINAGE PLANS, EACH LOT SHALL PROVIDE: A MINIMUM OF 335 CUBIC FEET OF STORMWATER DETENTION VOLUME IN ORDER TO PROVIDE THE REQUIRED PRE -POST DETENTION VOLUME SPECIFIED IN THE FRONING FAMILY PUD SUBDIVISION ENGINEERING REPORT, OR SHALL PROVIDE STORM WATER DETENTION VOLUME CALCULATIONS SHOWING DEVELOPED LOT STORM WATER RUNOFF IS LESS THAN OR EQUAL TO THE PRE -DEVELOPMENT RATE. THE ON LOT CONSTRUCTION SHALL COMPLY WITH THE DRAINAGE AND DETENTION REQUIREMENTS SPECIFIED IN THE GARFIELD COUNTY RULES & REGULATIONS. 9) BUILDING ENVELOPES MAY NOT BE EXPANDED BEYOND THAT SHOWN FOR ANY LOTS LOCATED ON THE FINAL PLAT FOR THE FRONING FAMILY SUBDIVISION AS PER SECTION 3.19 OF THE PROTECTIVE COVENANTS. BUILDING ENVELOPES MAY BE REDUCED IN SIZE, OR ADJUSTED IN LOCATION. RESTRICTION ON MODIFICATIONS OF THE BUILDING ENVELOPES IS TO CONFORM TO THE "OPEN LAND" REQUIREMENTS OF PROPERTY DESIGNATED AS "MEDIUM" ON THE FUTURE LAND USE MAP OF THE GARFIELD COUNTY COMPREHENSIVE PLAN 2030. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. \\ (BASIS OF BEARING) 1305.36' 256.79' MONUMENT NOTE: LOT 1 10.853 Acres 174.19' in N m ri N 3 LS,9Z000 N 0 N w ALL EXTERIOR BOUNDARY CORNERS HAVE BEEN SET. ALL INDIVIDUAL PARCEL CORNERS "SHALL BE MARKED WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THE SALES CONTRACT." PER C.R.S. 38-51-105 (1)(b) Q SET NO. 5 REBAR W/1.25" PLASTIC CAP, L.S. 28643 • FOUND MONUMENT AS DESCRIBED ON SHEET 2 SOPRIS ENGINEERING -LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 FOUND B.L.M. AS DESCRIBED ON SHEET 2 LINE TABLE LINE BEARING LENGTH L2 N 23°53'41" E 31.37' L3 N 34°01'34" E 76.90' L4 N 30°57'44" W 113.63' L5 N 28°58'35" E 90.46' L6 N 16°45'19" E 50.86' L7 N 86°12'22" E 13.68' L8 N 32°19'22" E 112.82' L9 N 34°31'22" E 152.34' L10 N 26°03'22" E 134.77' L11 N 24°09'22" E 101.18' L12 S 41°10'30" W 86.46' L13 N 22°43'22" E 94.79' L14 N 26°28'12" E 88.88' L15 S 11°40'03" E 64.13' L16 S 07°07'57" E 71.96' L18 N 46°18'13" E 72.15' L19 N 02°12'10" W 146.13' L20 S 22°23'39" E 20.00' L21 S 34°41'31" W 4.83' L23 N 53°46'54" E 55.34' L24 S 27°01'12" W 146.02' L25 S 45°30'26" E 10.90' L26 S 21°18'58" E 62.50' L27 S 34°41'31" W 44.89' L28 S 25°10'13" W 77.46' L32 N 03°48'06" W 78.50' L33 N 16°45'39" E 13.01' L35 N 02°31'41" E 60.60' L36 N 04°07'36" W 39.78' L37 N 20°11'33" W 52.37' L38 S 82°56'11" W 75.37' L39 N 62°38'48" W 86.96' L41 S 16°45'39" W 70.11' L42 N 82°57'17" E 123.54' L43 N 05°07'22" W 32.04' L44 S 25°10'13" W 49.71' L45 N 64°49'47" W 29.73' L46 N 04°18'16" E 54.00' L47 N 27°25'59" W 56.34' L48 N 66°35'36" W 85.52' L49 N 31°09'36" W 62.82' L50 N 19°53'05" W 98.10' L74 N 17°19'51" E 121.33' L75 S 11°40'03" E 55.24' L76 S 11°40'03" E 8.87' CURVE TABLE CURVE LENGTH RADIUS TANGENT CHORD BEARING DELTA C1 42.54 240.58 21.32 42.48 N28°57'41"E 10°07'48" C2 116.55 102.75 65.45 110.40 S01°31155"W 64°59'24" C3 119.51 114.23 65.87 114.13 N00°59'35"W 59°56'32" C4 172.04 287.39 88.68 169.48 S11°49'41"W 34°17'54" C5 104.54 271.32 52.92 103.89 N05°43'03"E 22°04'31" C6 70.92 151.91 36.12 70.28 N30°07'44"E 26°44'59" C7 14.68 135.88 7.35 14.67 N56°45'51"E 6°11'24" C9 18.80 237.55 9.41 18.80 N09°24'00"W 4°32'08" C10 89.75 151.91 46.23 88.45 N60°25'39"E 33°51'03" C11 134.40 317.84 68.22 133.40 N89°27'58"E 24°13'39" C12 124.94 348.66 63.15 124.27 S36°02'18"W 20°31'52" C13 93.95 110.98 50.00 91.17 N22°03'02"E 48°30'14" C14 126.58 100.00 73.36 118.30 N09°14'37"W 72°31'38" C15 33.78 80.00 17.14 33.53 S33°24'42"E 24°11'28" C16 102.64 105.00 55.84 98.60 S06°41'17"W 56°00'28" C17 24.10 145.00 12.08 24.07 N29°55'52"E 9°31'18" C19 69.20 150.00 35.23 68.59 S09°24'51"W 26°25'56" C20 71.78 200.00 36.28 71.39 N06°28'46"E 20°33'45" C21 11.47 38.00 5.78 11.43 N06°07'19"W 17°18'00" C22 11.61 100.00 5.81 11.61 S00°47'58"E 6°39'17" C23 56.08 200.00 28.23 55.90 S12°09'35"E 16°03'57" C24 73.79 55.00 43.65 68.38 S58°37'41"E 76°52'16" C25 51.06 85.00 26.33 50.29 N79°51'18"W 34°25'01" C26 68.01 85.00 35.94 66.21 S85°34'01"E 45°50'26" C27 81.23 85.00 44.01 78.17 N44°08'13"E 54°45'07" MARK S. BECKLER, L.S. #28643 GRK 28189 6/2/2020 M:\2800dwgs\28189\Plat\CIVIL 3D\28189 -plat -1 CIVIL3D.dwg June 25, 2020 Mark Chain 811 Garfield Avenue Carbondale, CO 81623 970.309.3655 mchain@sopris.net RE: Froning Subdivision — Revised Building Envelope Civil Review SE Job # 28189 Mark, Sopris Engineering has reviewed the proposed changes related to the building envelopes on the Froning Subdivision. We also have reviewed our civil plans and reports previously submitted for the Froning Preliminary Plan. The site access, traffic, utilities and drainage conditions will not change with the revised building envelopes. No additional engineering should be required for this envelope revision. Specifically related to traffic, the average daily trip volume of traffic is unchanged. The project has the same number of lots and same number of units, so the subdivision traffic numbers are accurate in our engineering report. The improvements of County Road 107 at State Highway 82 that are currently under construction related to the Red Hill BLM Trail area will improve the access/safety of the road, and will reduce vehicular/pedestrian conflicts. This will improve the access to this subdivision. If you have any questions or need any additional information, please call. Sincerely, SOPRIS ENGINEERING, LLC John Petaisto, PE Project Manager 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970)704-0311• Fax (970)704-0313 SOPRIS ENGINEERING • LLC civil consultants Section 3 Miscellaneous Documents • Title Commitments • Resolution 2012 — 076 — approving Froning Preliminary Plan • Resolution 2018-42 - granting fourth extension of Froning Preliminary Plan will • Copy of Existing Impact Analysis • Copy of Existing Draft Development Agreement • Copy of Existing Visual Analysis TITLE COMPANY of the rockies 1620 Grand Avenue Bldg Main Floor 1 Glenwood Springs, CO 81601 Phone: 970-945-1169 Fax: 844-269-2759 www.titlecorockies.com Commitment Ordered By: Mark Chain Mark Chain email: mchain@sopris.net Inquiries should be directed to: Nevada Hunter Title Company of the Rockies 1620 Grand Avenue Bldg Main Floor 1 Glenwood Springs, CO 81601 Phone: 970-945-1169 Fax: 844-269-2759 email: NHunter@titlecorockies.com Commitment Number: Buyer's Name(s): Seller's Name(s): Property: 532 Red Hill Road, Carbondale, CO 81623 Section: 27 Township: 7 Range: 88, County of Garfield, State of Colorado. TBD 0602657 - C Purchaser with contractual rights under a purchaser agreement with the vested owner identified at item 4 below Paul Alan Froning and Linda Singer Froning TITLE CHARGES These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges related thereto. If applicable, the designation of "Buyer" and "Sellef' shown below may be based on traditional settlement practices in Garfield County, Colorado, and/or certain terms of any contract, or other information provided with the Application for Title Insurance. Owner's Policy Premium: Loan Policy Premium: Additional Lender Charge(s): Additional Other Charge(s): Tax Certificate: Total Endorsement Charge(s): TBD Charge(s): $0.00 $0.00 $250.00 TOTAL CHARGES: $250.00 Service Beyond Expectation in Colorado for: Eagle, Garfield, Grand, Pitkin and Summit Counties. (Limited Coverage: Jackson, Lake, Park and Routt Counties) Locations In: Avon/Beaver Creek, Basalt, Breckenridge, Grand Lake and Winter Park (Closing Services available in Aspen and Glenwood Springs). WESTCOR LAND TITLE INSURANCE COMPANY ALTA Commitment For Title Insurance (Adopted 06-17-06) (Revised 08-01-2016) COMMITMENT FOR TITLE INSURANCE ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY NOTICE IMPORTANT -READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I -Requirements; Schedule B, Part II -Exceptions; and the Commitment Conditions, WESTCOR LAND TITLE INSURANCE COMPANY, a South Carolina Corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I -Requirements have not been met within six (6) months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed and by these presents to be signed in facsimile under authority of its by-laws, effective as of the date of Commitment shown in Schedule A. Issued By: TITLE COMPANY of the rockies The Title Company of the Rockies 1620 Grand Avenue Bldg Main, Floor 1 Glenwood Springs, CO 81601 Phone: 970-945-1169 WESTCOR LAND TITLE INSURANCE COMPANY By: . 9,,2- Attest: Aizcvw 6 PatAKAA CM -2 (ALTA Commitment for Title Insurance (6-17-06) (WLTIC Edition (9/26/07) CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledgeto the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitmentaccordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< http://www. alta.orgh. Westcor Land Title Insurance Company Joint Notice of Privacy Policy of Westcor Land Title Insurance Company and The Title Company of the Rockies Westcor Land Title Insurance Company ("WLTIC") and The Title Company of the Rockies value their customers and are committed to protecting the privacy of personal information. In keeping with that philosophy, we each have developed a Privacy Policy, set out below, that will endure the continued protection of your nonpublic personal information and inform you about the measures WLTIC and The Title Company of the Rockies take to safeguard that information. This notice is issued jointly as a means of paperwork reduction and is not intended to create a joint privacy policy. Each company's privacy policy is separately instituted, executed, and maintained. Who is Covered We provide our Privacy Policy to each customer when they purchase a WLTIC title insurance policy. Generally, this means that the Privacy Policy is provided to the customer at the closing of the real estate transaction. Information Collected In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic personal information directly from the customer, from customer -related transactions, or from third parties such as our title insurance agent, lenders, appraisers, surveyors and other similar entities. Access to Information Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform their jobs. These employees include, but are not limited to, those in departments such as closing, legal, underwriting, claims and administration and accounting. Information Sharing Generally, neither WLTIC nor The Title Company of the Rockies shares nonpublic personal information that it collects with anyone other than those individuals necessary needed to complete the real estate settlement services and issue its title insurance policy as requested by the consumer. WLTIC or The Title Company of the Rockies may share nonpublic personal information as permitted by law with entities with whom WLTIC or The Title Company of the Rockies has a joint marketing agreement. Entities with whom WLTIC or The Title Company of the Rockies have a joint marketing agreement have agreed to protect the privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as WLTIC and The Title Company of the Rockies use to protect this information and to use the information for lawful purposes. WLTIC or The Title Company of the Rockies , however, may share information as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud. Information Security WLTIC and The Title Company of the Rockies, at all times, strive to maintain the confidentiality and integrity of the personal information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural safeguards in compliance with federal standards to protect that information. The WLTIC Privacy Policy can be found on WLTIC's website at www.wltic.com COMMITMENT FOR TITLE INSURANCE Issued by NI TITLE COMPANY of the rcckies as agent for Westcor Land Title Insurance Company SCHEDULE A Reference: Commitment Number: TBD 0602657 - C 1. Effective Date: June 15, 2020, 7:00 am 2. Policy (or Policies) to be issued: ALTA Owner's Policy (6-17-06) Policy Amount: Premium: Issue Date: June 30, 2020 Amount to be Determined Amount to be Determined Proposed Insured: Purchaser with contractual rights under a purchaser agreement with the vested owner identified at item 4 below 3. The estate or interest in the land described or referred to in this Commitment is Fee Simple. 4. The Title is, at the Commitment Date, vested in: Paul Alan Froning and Linda Singer Froning 5. The land referred to in this Commitment is described as follows: FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE For Informational Purposes Only - APN: R111550 By: Countersigned The Title Company of the Rockies Susan Sarver This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitmentto Issue Policy; the CommitmentConditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule A MLAP!,renw Lk511F MAIMS 1016141 Page 1 Commitment No: TBD 0602657 - C SCHEDULE A (continued) LEGAL DESCRIPTION The Land referred to herein is located in the County of Garfield, State of Colorado, and described as follows: Parcel 1, of the Lappala Road 107 Subdivision Exemption Plat recorded July 12, 1984 as Reception No. 353934, also described as follows: A parcel of land situated in Lot 4 of Section 27, Township 7 South, Range 88 West of the 6 th Principal Meridian, Garfield County, Colorado, lying Easterly of the Easterly right-of-way line of a 30 feet wide access and utility easement and Westerly of the East line of the SW 1/4 NW '/a of said Section 27, said parcel of land being more fully described as follows: Beginning at a brass cap in place and properly marked as the Southeast corner of said SW 1/4 NW'/4; thence N. 00°26'57" E. 1024.43 feet; thence N. 67°16'18" W. 557.62 feet; thence S. 73°16'34" W. 114.05 to a point on the Easterly right-of-way line of a 30 foot wide private access and utility easement; thence along the Easterly right-of-way line of said private access and utility easement the following courses: S. 23°53'41" W. 31.37 feet; thence 42.54 feet along the arc of a 240.58 foot radius curve to the right, the chord of which bears S. 28 °57'41" W. 42.48 feet; thence S. 34°01'34" W. 76.90 feet; thence 116.55 feet along the arc of a 102.75 radius curve to the left, the chord of which bears S. 01 °31'55" W. 110.40 feet; thence S. 30°57'44" E. 113.63 feet; thence 119.50 feet along the arc of a 114.23 foot radius curve to the right, the chord of which bears S. 0 °59'35" E. 114.13 feet; thence S. 28°58'35" W. 90.46 feet; thence 172.04 feet along the arc of a 287.39 foot radius curve to the left, the chord of which bears S. 11 °49'41" W. 169.48 feet; thence S. 05°19'14" E. 13.87 feet; thence 105.54 feet along the arc of a 271.32 foot radius curve to the right, the chord of which bears S. 05 °43'03" W. 103.89 feet; thence S. 16°45'19" W. 50.86 feet; thence 70.92 feet along the arc of a 151.91 foot radius curve to the right, the chord of which bears S. 30 °07'44" W. 70.28 feet; thence leaving the Easterly right-of-way line of said private access and utility easement on a course bearing South 257.19 feet; thence S. 88°01'21" E. 772.36 feet to the Point of Beginning. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitmentto Issue Policy; the CommitmentConditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule A MLAP!,renw Lk511F MAIMS 1016141 Page 2 Commitment No: TBD 0602657 - C COMMITMENT FOR TITLE INSURANCE Issued by Westcor Land Title Insurance Company SCHEDULE B, PART I Requirements 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 effective date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the clerk and recorded of the county in which said property is located. All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5. Release by the Public Trustee of Garfield County of the Deed of Trust from Paul Alan Froning and Linda Singer Froning for the use of Megastar Financial Corp., to secure $272,000.00, dated October 7, 2009, and recorded October 13, 2009 as Reception No. 776295.. 6. Deed from Paul Alan Froning and Linda Singer Froning to Purchaser with contractual rights under a purchaser agreement with the vested owner identified at item 4 below. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288 -CRA 39-14-102. 7. Execution of Gap Indemnity by vested owner(s)/purchaser(s)/borrower(s) of subject property. NOTE: EXCEPTION NO. 5 UNDER SCHEDULE B, SECTION 2 OF THIS COMMITMENT WILL NOT APPEAR IN THE POLICY OR POLICIES TO BE ISSUED PURSUANT HERETO, PROVIDED THAT (A) THE DOCUMENTS CONTEMPLATED BY THE REQUIREMENTS This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitmentto Issue Policy; the CommitmentConditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part I MLAP!,renw Lk511F MAIMS 1016141 Page 3 Commitment No: TBD 0602657 - C SET FORTH IN SCHEDULE B, SECTION 1 OF THIS COMMITMENT ARE SUBMITTED TO AND APPROVED AND RECORDED BY THE COMPANY OR ITS DULY AUTHORIZED AGENT, AND (B) AN EXAMINATION OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GARFIELD COUNTY, COLORADO BY THE COMPANY OR ITS DULY AUTHORIZED AGENT DISCLOSES THAT NO DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS HAVE BEEN RECORDED IN SUCH RECORDS SUBSEQUENT TO THE EFFECTIVE DATE HEREOF. The Owner's Policy, when issued, will not contain Exceptions No. 1, 2, 3 and 4 provided that: (A) The enclosed form, of indemnity agreement or final affidavit and agreement is properly executed and acknowledged by the party(ies) indicated and returned to the Company or its duly authorized agent, and (B) The applicable scheduled charges in the amount of $75.00, are paid to the Company or its duly authorized agent. 24 -month Chain of Title: The only conveyance(s) affecting said land recorded within the 24 months preceding the date of this commitment is (are) as follows: SPECIAL WARRANTY DEED recorded September 8, 2008 as Reception No. 755267. NOTE: If no conveyances were found in that 24 month period, the last recorded conveyance is reported. If the subject land is a lot in a subdivision plat less than 24 months old, only the conveyances subsequent to the plat are reported. THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GARFIELD COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF INSURANCE. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitmentto Issue Policy; the CommitmentConditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part I - continued AM k RFCAN Page 4 Commitment No: TBD 0602657 - C This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitmentto Issue Policy; the CommitmentConditions; Schedule A; Schedule 8, Part I -Requirements; and Schedule 8, Part II -Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule 8 - Part I - continued Page 5 Commitment No: TBD 0602657 - C SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. 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. Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Any facts, right, interests, or claims which are not shown by the Public Records but which could be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. 2. Easements or claims of easements, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 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 of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. Reservations and exceptions contained in U.S. Patents, or in Acts authorizing issuance thereof, recorded July 25, 1903 in Book at Page 482 as Reception No. 28253, reserving 1) Rights of the proprietor of a vein or lode to extract and remove his ore therefrom and 2) Rights of way for ditches and canals constructed under the authority of the United States. 8. Reservations and exceptions in Patents, or in Acts authorizing the issuance thereof, including the This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitmentto Issue Policy; the CommitmentConditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part II MLAP!,renw Lk511F MAIMS 1016141 Page 6 Commitment No: TBD 0602657 - C reservation of the right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent, recorded June 7, 1924 in Book at Page 581 as Reception No. 87545. 9. Easements and rights of way as described in Quit Claim Deeds granted to the Board of County Commissions for road purposes, recorded January 30, 1939 as Reception No. 134670 and Reception No. 134671. 10. Ditch Map for Long-Heuschkel Extension and Park Ditch, recorded February 9, 1915 in Ditch Book D at Page 6 as Reception No. 51170. (copy to obtain from Clerk & Recorder) 11. Easement and right of way as by and between John L. Heuschkel and Public Service Company of Colorado recorded July 25, 1963 in Book 351 at Page 592 as Reception No. 222266. 12. Terms, conditions, obligations and restrictions contained in Easement Agreement, recorded July 11, 1980 in Book 551 at Page 757 as Reception No. 305558, Amendment recorded January 20, 1989 in Book 747 at Page 754 as Reception No. 398505. 13. Terms, conditions, obligations and restrictions contained in Resolution No. 84-117, recorded July 3, 1984 in Book 652 at Page 407 as Reception No. 353731. 14. Easements, rights of way and other matters shown on the Plat of Lappala Road 107 Subdivision Exemption, recorded July 12, 1984 as Reception No. 353934. 15. Terms, conditions, obligations and restrictions contained in Resolution No. 2013-57, recorded September 4, 2013 as Reception No. 840244. 16. Terms, conditions, obligations and restrictions contained in Resolution No. 2013-57, recorded July 8, 2014 as Reception No. 851136. 17. Terms, conditions, obligations and restrictions contained in Resolution No. 2016-48, recorded July 20, 2016 as Reception No. 879996. 18. Terms, conditions, obligations and restrictions contained in Resolution No. 2018-42, recorded August 14, 2018 as Reception No. 910512. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitmentto Issue Policy; the CommitmentConditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part II - continued Page 7 Commitment No: TBD 0602657 - C DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, requires that "Every Title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the Title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed. " (Gap Protection) Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: 1. The Land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. 2. No labor or materials may have been furnished by mechanics or materialmen for purpose of construction on the Land described in Schedule A of this Commitment within the past 13 months. 3. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and materialmen's liens. 4. Any deviation from conditions A though 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. 5. Payment of the premium for said coverage. Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.: (i) The subject real property may be located in a special taxing district; (ii) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent; and (iii) Information regarding special districts and the boundaries of such districts may be obtained from the County Commissioners, the County Clerk and Recorder, or the County Assessor. Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident withholding). Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given: (a) If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate then there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property, and (b) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note 6: Effective September 1, 1997, 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 inch the clerk and recorder may refuse to record or file any document that does not conform. Note 7: Our Privacy Policy: We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. Note 8: Records: Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not less than seven (7) years, except as otherwise permitted by law. Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that "A title entity shall not earn interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be made at any time up to and including closing. " Page 8 Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such purpose(s). Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that "Until a title entity receives written instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with the following: 1. The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a fiduciary capacity. 2. The title entity shall use any funds designated as "earnest money" for the consummation of the transaction as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise provided in this section. If the transaction does not close, the title entity shall: (a) Release the earnest money funds as directed by written instructions signed by both the buyer and seller; or (b) If acceptable written instructions are not received, uncontested funds shall be held by the title entity for 180 days from the scheduled date of closing, after which the title entity shall return said funds to the payor. 3. In the event of any controversy regarding the funds held by the title entity (notwithstanding any termination of the contract), the title entity shall not be required to take any action unless and until such controversy is resolved. At its option and discretion, the title entity may: (a) Await any proceeding; or (b) Interplead all parties and deposit such funds into a court of competent jurisdiction, and recover court costs and reasonable attorney and legal fees; or (c) Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons and complaint or claim (between buyer and seller), containing the case number of the lawsuit or lawsuits, within 120 days of the title entity's written notice delivered to the parties, title entity shall return the funds to the depositing party. " Page 9 Commitment No: TBD 0602657 - C Title Company of the Rockies Disclosures 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 will refuse to record or file any document that does not conform to the requirements of this section. Pursuant to C.R.S. 30-10-406(3)(a). The company will not issue its policy or policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation 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. Pursuant to C.R.S. 10-11-122. 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 withdrawals as a matter of right. Pursuant to C.R.S. 38-35-125(2). The Company hereby notifies the proposed buyer in the current transaction that there may be recorded evidence that the mineral estate, or portion thereof, has been severed, leased, or otherwise conveyed from the surface estate. If so, there is a substantial likelihood that a third party holds some or all interest in the oil, gas, other minerals, or geothermal energy in the subject property. Such mineral estate may include the right to enter and use the property without the surface owner's permission. Pursuant to C.R.S. 10-11-123. If this transaction includes a sale of property and the sales price exceeds $100,000.00, the seller must comply with the disclosure/withholding requirements of said section. (Nonresident withholding) Pursuant to C.R.S. 39-22-604.5. Notice is hereby given that: The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. 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. Pursuant to C.R.S. 10-11-122. Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulation 8-1-2; "Gap Protection" -When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction, the Company shall be responsible for all matters which appear on the record prior to such time or recording or filing; and "Mechanic's Lien Protection" - If you are the buyer of a single family residence, you may request mechanic's lien coverage to be issued on your policy of Insurance. If the property being purchased has not been the subject of construction, improvements or repairs in the last six months prior to the date of this commitment, the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the seller. If the property being purchased was constructed, improved or repaired within six months prior to the date of this commitment the requirements may involve disclosure of certain financial information, payment of premiums, and indemnity, among others. The general requirements stated above are subject to revision and approval by the Company. Pursuant to C.R.S. 10-11-122. Notice is hereby given that an ALTA Closing Protection Letter is available, upon request, to certain parties to the transaction as noted in the title commitment. Pursuant to Colorado Division of Insurance Regulation 8-1. Nothing herein contained will be deemed to obligate the Company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Page 10 TITLE COMPANY of the rockies 1620 Grand Avenue Bldg Main Floor 1 Glenwood Springs, CO 81601 Phone: 970-945-1169 Fax: 844-269-2759 www.titlecorockies.com Commitment Ordered By: Mark Chain Mark Chain email: mchain@sopris.net Inquiries should be directed to: Nevada Hunter Title Company of the Rockies 1620 Grand Avenue Bldg Main Floor 1 Glenwood Springs, CO 81601 Phone: 970-945-1169 Fax: 844-269-2759 email: NHunter@titlecorockies.com Commitment Number: Buyer's Name(s): Seller's Name(s): TBD 0602658 - C Purchaser with contractual rights under a purchaser agreement with the vested owner identified at item 4 below Paul Alan Froning and Linda Singer Froning, John W. Hatchett and Karen F. Hatchett and Donald M. Froning and Billie J. Froning Property: Parcel:2393-272-00-031, Carbondale, CO 81623 Section: 27 Township: 7 Range: 88, County of Garfield, State of Colorado. TITLE CHARGES These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges related thereto. If applicable, the designation of "Buyer" and "Sellef' shown below may be based on traditional settlement practices in Garfield County, Colorado, and/or certain terms of any contract, or other information provided with the Application for Title Insurance. Owner's Policy Premium: Loan Policy Premium: Additional Lender Charge(s): Additional Other Charge(s): Tax Certificate: Total Endorsement Charge(s): TBD Charge(s): $0.00 $0.00 $250.00 TOTAL CHARGES: $250.00 Service Beyond Expectation in Colorado for: Eagle, Garfield, Grand, Pitkin and Summit Counties. (Limited Coverage: Jackson, Lake, Park and Routt Counties) Locations In: Avon/Beaver Creek, Basalt, Breckenridge, Grand Lake and Winter Park (Closing Services available in Aspen and Glenwood Springs). WESTCOR LAND TITLE INSURANCE COMPANY ALTA Commitment For Title Insurance (Adopted 06-17-06) (Revised 08-01-2016) COMMITMENT FOR TITLE INSURANCE ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY NOTICE IMPORTANT -READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I -Requirements; Schedule B, Part II -Exceptions; and the Commitment Conditions, WESTCOR LAND TITLE INSURANCE COMPANY, a South Carolina Corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I -Requirements have not been met within six (6) months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed and by these presents to be signed in facsimile under authority of its by-laws, effective as of the date of Commitment shown in Schedule A. Issued By: TITLE COMPANY of the rockies The Title Company of the Rockies 1620 Grand Avenue Bldg Main, Floor 1 Glenwood Springs, CO 81601 Phone: 970-945-1169 WESTCOR LAND TITLE INSURANCE COMPANY By: . 9,,2- Attest: Aizcvw 6 PatAKAA CM -2 (ALTA Commitment for Title Insurance (6-17-06) (WLTIC Edition (9/26/07) CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledgeto the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitmentaccordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< http://www. alta.orgh. Westcor Land Title Insurance Company Joint Notice of Privacy Policy of Westcor Land Title Insurance Company and The Title Company of the Rockies Westcor Land Title Insurance Company ("WLTIC") and The Title Company of the Rockies value their customers and are committed to protecting the privacy of personal information. In keeping with that philosophy, we each have developed a Privacy Policy, set out below, that will endure the continued protection of your nonpublic personal information and inform you about the measures WLTIC and The Title Company of the Rockies take to safeguard that information. This notice is issued jointly as a means of paperwork reduction and is not intended to create a joint privacy policy. Each company's privacy policy is separately instituted, executed, and maintained. Who is Covered We provide our Privacy Policy to each customer when they purchase a WLTIC title insurance policy. Generally, this means that the Privacy Policy is provided to the customer at the closing of the real estate transaction. Information Collected In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic personal information directly from the customer, from customer -related transactions, or from third parties such as our title insurance agent, lenders, appraisers, surveyors and other similar entities. Access to Information Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform their jobs. These employees include, but are not limited to, those in departments such as closing, legal, underwriting, claims and administration and accounting. Information Sharing Generally, neither WLTIC nor The Title Company of the Rockies shares nonpublic personal information that it collects with anyone other than those individuals necessary needed to complete the real estate settlement services and issue its title insurance policy as requested by the consumer. WLTIC or The Title Company of the Rockies may share nonpublic personal information as permitted by law with entities with whom WLTIC or The Title Company of the Rockies has a joint marketing agreement. Entities with whom WLTIC or The Title Company of the Rockies have a joint marketing agreement have agreed to protect the privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as WLTIC and The Title Company of the Rockies use to protect this information and to use the information for lawful purposes. WLTIC or The Title Company of the Rockies , however, may share information as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud. Information Security WLTIC and The Title Company of the Rockies, at all times, strive to maintain the confidentiality and integrity of the personal information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural safeguards in compliance with federal standards to protect that information. The WLTIC Privacy Policy can be found on WLTIC's website at www.wltic.com COMMITMENT FOR TITLE INSURANCE Issued by NI TITLE COMPANY of the rcckies as agent for Westcor Land Title Insurance Company SCHEDULE A Reference: Commitment Number: TBD 0602658 - C 1. Effective Date: July 01, 2020, 7:00 am 2. Policy (or Policies) to be issued: ALTA Owner's Policy (6-17-06) Policy Amount: Premium: Issue Date: July 05, 2020 Amount to be Determined Amount to be Determined Proposed Insured: Purchaser with contractual rights under a purchaser agreement with the vested owner identified at item 4 below 3. The estate or interest in the land described or referred to in this Commitment is Fee Simple. 4. The Title is, at the Commitment Date, vested in: Paul Alan Froning and Linda Singer Froning, John W. Hatchett and Karen F. Hatchett, and Donald M. Froning and Billie J. Froning 5. The land referred to in this Commitment is described as follows: FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE For Informational Purposes Only - APN: R111549 By: Countersigned The Title Company of the Rockies Susan Sarver This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitmentto Issue Policy; the CommitmentConditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule A MLAP!,renw Lk511F MAIMS 1016141 Page 1 Commitment No: TBD 0602658 - C SCHEDULE A (continued) LEGAL DESCRIPTION The Land referred to herein is located in the County of Garfield, State of Colorado, and described as follows: A parcel of land situated in Lot 4, of Section 27, Township 7 South, Range 88 West of the 6 th Principal Meridian, Garfield County, Colorado, lying Easterly of the Easterly right-of-way line of County Road No. 107 and Westerly of the Easterly right-of-way line of a 30 foot wide access and utility easement, said parcel of land being more fully described as follows: Beginning at a brass cap in place and properly marked as W/4 Corner of said Section 27; thence N. 00°01'24" E. 367.15 feet to a point on the Easterly right-of-way line of County Road No. 107; thence along the Easterly right-of-way line of said county road the following courses: 63.35 feet along the arc of a 135.88 foot radius curve to the left, the chord of which bears N. 46 °30'09" E. 62.78 feet; thence N. 33°08'46" E. 217.96 feet; thence 107.84 feet along the arc of a 510.06 foot radius curve to the left, the chord of which bears N. 27 °05'22" E. 107.64 feet; thence N. 21°01'56" E. 87.25; thence 66.46 feet along the arc of a 157.93 foot radius curve to the right, the chord of which bears N. 33 '05'16" E. 65.97 feet; thence N. 45°08'35" E. 40.25 feet; thence 138.42 feet along arc of a 210.85 foot radius curve to the left, the chord of which bears N. 26 °20'08" E. 135.95 feet; thence N. 07°31'41" E. 127.76 feet; thence 148.98 feet along the arc of a 347.77 foot radius curve to the right, the chord of which bears N. 19 °48'01" E. 117.84 feet; thence N. 32°04'20" E. 73.53 feet; thence leaving the Easterly right-of-way of said County Road No. 107 on a course bearing East 151.45; to a point on the Westerly right-of-way line of a 30 foot wide private access easement; thence along the Westerly right-of-way line of said private access easement the following courses; S. 11°40'03" E. 64.13 feet; thence 18.80 feet along the arc of a 237.55 foot radius curve to the right, the chord of which bears S. 09 °24'00" E. 18.80 feet; thence S. 07°07'57" E. 71.96 feet; thence N. 17°16'34" E. 38.36 feet to a point on the easterly right-of-way line of a 30 foot wide private access and utility easement; thence along the Easterly right-of-way line of said private access and utility easement the following courses: S. 23°53'41" W. 31.37 feet; This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitmentto Issue Policy; the CommitmentConditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule A MLAP!,renw Lk511F MAIMS 1016141 Page 2 Commitment No: TBD 0602658 - C thence 42.54 feet along the arc of a 240.58 foot radius curve to the right, the chord of which bears S. 28 °57'41" W. 42.48 feet; thence S. 34°01'34" W. 76.90 feet; thence 116.55 feet along the arc of a 102.75 foot radius curve to the left, the chord of which bears S. 01 °31'55" W. 110.40 feet; thence S. 30°57'44" E. 113.63 feet; thence 119.50 feet along the arc of a 114.23 ' radius curve to the right, the chord of which bears S. 00 °59'35" E. 114.13 feet; thence S. 28°58'35" W. 90.46 feet; thence 172.04 feet along the arc of a 287.39 foot radius curve to the left, the chord of which bears S. 11 °49'41" W. 169.48 feet; thence S. 05°19'14" 13.87 feet; thence 104.54 feet along the arc of a 271.32 foot radius curve to the right, the chord of which bears S. 05 °43'03" W. 103.89 feet; thence S. 16°45'19" W. 50.86 feet; thence 70.92 feet along the arc of a 151.91 foot radius curve to the right, the chord of which bears S/ 30 °07'44" W. 70.28 feet; thence leaving the Easterly right-of-way line of said private access and utility easement on a course bearing South 257.19 feet; thence N. 88°01'21" W. 533.0 feet to the Point of Beginning. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitmentto Issue Policy; the CommitmentConditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule A AM k RFCAN Pagc 3 Commitment No: TBD 0602658 - C COMMITMENT FOR TITLE INSURANCE Issued by Westcor Land Title Insurance Company SCHEDULE B, PART I Requirements 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 effective date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the clerk and recorded of the county in which said property is located. All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. NOTE: Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. 5. Deed from Paul Alan Froning and Linda Singer Froning, John W. Hatchett and Karen F. Hatchett, and Donald M. Froning and Billie J. Froning to Purchaser with contractual rights under a purchaser agreement with the vested owner identified at item 4 below. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288 -CRA 39-14-102. 6. Execution of Gap Indemnity by vested owner(s)/purchaser(s)/borrower(s) of subject property. NOTE: EXCEPTION NO. 5 UNDER SCHEDULE B, SECTION 2 OF THIS COMMITMENT WILL NOT APPEAR IN THE POLICY OR POLICIES TO BE ISSUED PURSUANT HERETO, This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitmentto Issue Policy; the CommitmentConditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part I MLAP!,renw Lk511F MAIMS 1016141 Page 4 Commitment No: TBD 0602658 - C PROVIDED THAT (A) THE DOCUMENTS CONTEMPLATED BY THE REQUIREMENTS SET FORTH IN SCHEDULE B, SECTION 1 OF THIS COMMITMENT ARE SUBMITTED TO AND APPROVED AND RECORDED BY THE COMPANY OR ITS DULY AUTHORIZED AGENT, AND (B) AN EXAMINATION OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GARFIELD COUNTY, COLORADO BY THE COMPANY OR ITS DULY AUTHORIZED AGENT DISCLOSES THAT NO DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS HAVE BEEN RECORDED IN SUCH RECORDS SUBSEQUENT TO THE EFFECTIVE DATE HEREOF. The Owner's Policy, when issued, will not contain Exceptions No. 1, 2, 3 and 4, provided that: (A) The enclosed form of indemnity agreement or final affidavit and agreement is properly executed and acknowledged by the party(ies) indicated and returned to the Company or its duly authorized agent, (B) The Company or its duly authorized agent receives and approves a Land Survey Plat, Improvement Survey Plat or ALTA survey properly certified by a registered surveyor or engineer, and (C) Applicable scheduled charges in the amount of $75.00 are paid to the Company or its duly authorized agent. 24 -month Chain of Title: The only conveyance(s) affecting said land recorded within the 24 months preceding the date of this commitment is (are) as follows: TRUSTEE'S QUIT CLAIM DEED recorded January 10, 2011 as Reception No. 796982. NOTE: If no conveyances were found in that 24 month period, the last recorded conveyance is reported. If the subject land is a lot in a subdivision plat less than 24 months old, only the conveyances subsequent to the plat are reported. THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GARFIELD COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitmentto Issue Policy; the CommitmentConditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part I - continued AM k RFCAN Page 5 Commitment No: TBD 0602658 - C BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF INSURANCE. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitmentto Issue Policy; the CommitmentConditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part I - continued AM k RFCAN Page 6 Commitment No: TBD 0602658 - C SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. 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. Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Any facts, right, interests, or claims which are not shown by the Public Records but which could be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. 2. Easements or claims of easements, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 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 of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. Reservations and exceptions contained in U.S. Patents, or in Acts authorizing issuance thereof, recorded July 25, 1903 in Book at Page 482 as Reception No. 28253, reserving 1) Rights of the proprietor of a vein or lode to extract and remove his ore therefrom and 2) Rights of way for ditches and canals constructed under the authority of the United States. 8. Reservations and exceptions in Patents, or in Acts authorizing the issuance thereof, including the This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitmentto Issue Policy; the CommitmentConditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part II MLAP!,renw Lk511F MAIMS 1016141 Page 7 Commitment No: TBD 0602658 - C reservation of the right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent, recorded June 7, 1924 in Book at Page 581 as Reception No. 87545. 9. Easements and rights of way as described in Quit Claim Deeds granted to the Board of County Commissions for road purposes, recorded January 30, 1939 as Reception No. 134670 and Reception No. 134671. 10. Ditch Map for Long-Heuschkel Extension and Park Ditch, recorded February 9, 1915 in Ditch Book D at Page 6 as Reception No. 51170. (copy to obtain from Clerk & Recorder) 11. Easement and right of way as by and between John L. Heuschkel and Public Service Company of Colorado recorded July 25, 1963 in Book 351 at Page 592 as Reception No. 222266. 12. Terms, conditions, obligations and restrictions contained in Easement Agreement, recorded July 11, 1980 in Book 551 at Page 757 as Reception No. 305558, Amendment recorded January 20, 1989 in Book 747 at Page 754 as Reception No. 398505. 13. Terms, conditions, obligations and restrictions contained in Resolution No. 84-117, recorded July 3, 1984 in Book 652 at Page 407 as Reception No. 353731. 14. Easements, rights of way and other matters shown on the Plat of Lappala Road 107 Subdivision Exemption, recorded July 12, 1984 as Reception No. 353934. 15. Easements and rights of way as described in Quit Claim Deeds recorded July 12, 1990 in Book 783 at Page 401 as Reception No. 414491 and recorded July 17, 1990 in Book 783 at Page 705 as Reception No. 414678. 16. Terms, conditions, obligations and restrictions contained in Resolution No. 2013-57, recorded September 4, 2013 as Reception No. 840244. 17. Terms, conditions, obligations and restrictions contained in Resolution No. 2013-57, recorded July 8, 2014 as Reception No. 851136. 18. Terms, conditions, obligations and restrictions contained in Resolution No. 2016-48, recorded July 20, 2016 as Reception No. 879996. 19. Terms, conditions, obligations and restrictions contained in Resolution No. 2018-42, recorded August 14, 2018 as Reception No. 910512. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitmentto Issue Policy; the CommitmentConditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part II - continued Page 8 Commitment No: TBD 0602658 - C This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitmentto Issue Policy; the CommitmentConditions; Schedule A; Schedule 8, Part I -Requirements; and Schedule 8, Part II -Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule 8 - Part II - continued Page 9 Commitment No: TBD 0602658 - C DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, requires that "Every Title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the Title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed. " (Gap Protection) Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: 1. The Land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. 2. No labor or materials may have been furnished by mechanics or materialmen for purpose of construction on the Land described in Schedule A of this Commitment within the past 13 months. 3. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and materialmen's liens. 4. Any deviation from conditions A though 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. 5. Payment of the premium for said coverage. Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.: (i) The subject real property may be located in a special taxing district; (ii) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent; and (iii) Information regarding special districts and the boundaries of such districts may be obtained from the County Commissioners, the County Clerk and Recorder, or the County Assessor. Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident withholding). Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given: (a) If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate then there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property, and (b) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note 6: Effective September 1, 1997, 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 inch the clerk and recorder may refuse to record or file any document that does not conform. Note 7: Our Privacy Policy: We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. Note 8: Records: Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not less than seven (7) years, except as otherwise permitted by law. Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that "A title entity shall not earn interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be made at any time up to and including closing. " Page10 Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such purpose(s). Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that "Until a title entity receives written instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with the following: 1. The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a fiduciary capacity. 2. The title entity shall use any funds designated as "earnest money" for the consummation of the transaction as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise provided in this section. If the transaction does not close, the title entity shall: (a) Release the earnest money funds as directed by written instructions signed by both the buyer and seller; or (b) If acceptable written instructions are not received, uncontested funds shall be held by the title entity for 180 days from the scheduled date of closing, after which the title entity shall return said funds to the payor. 3. In the event of any controversy regarding the funds held by the title entity (notwithstanding any termination of the contract), the title entity shall not be required to take any action unless and until such controversy is resolved. At its option and discretion, the title entity may: (a) Await any proceeding; or (b) Interplead all parties and deposit such funds into a court of competent jurisdiction, and recover court costs and reasonable attorney and legal fees; or (c) Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons and complaint or claim (between buyer and seller), containing the case number of the lawsuit or lawsuits, within 120 days of the title entity's written notice delivered to the parties, title entity shall return the funds to the depositing party. " Page 11 Commitment No: TBD 0602658 - C Title Company of the Rockies Disclosures 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 will refuse to record or file any document that does not conform to the requirements of this section. Pursuant to C.R.S. 30-10-406(3)(a). The company will not issue its policy or policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation 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. Pursuant to C.R.S. 10-11-122. 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 withdrawals as a matter of right. Pursuant to C.R.S. 38-35-125(2). The Company hereby notifies the proposed buyer in the current transaction that there may be recorded evidence that the mineral estate, or portion thereof, has been severed, leased, or otherwise conveyed from the surface estate. If so, there is a substantial likelihood that a third party holds some or all interest in the oil, gas, other minerals, or geothermal energy in the subject property. Such mineral estate may include the right to enter and use the property without the surface owner's permission. Pursuant to C.R.S. 10-11-123. If this transaction includes a sale of property and the sales price exceeds $100,000.00, the seller must comply with the disclosure/withholding requirements of said section. (Nonresident withholding) Pursuant to C.R.S. 39-22-604.5. Notice is hereby given that: The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. 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. Pursuant to C.R.S. 10-11-122. Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulation 8-1-2; "Gap Protection" -When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction, the Company shall be responsible for all matters which appear on the record prior to such time or recording or filing; and "Mechanic's Lien Protection" - If you are the buyer of a single family residence, you may request mechanic's lien coverage to be issued on your policy of Insurance. If the property being purchased has not been the subject of construction, improvements or repairs in the last six months prior to the date of this commitment, the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the seller. If the property being purchased was constructed, improved or repaired within six months prior to the date of this commitment the requirements may involve disclosure of certain financial information, payment of premiums, and indemnity, among others. The general requirements stated above are subject to revision and approval by the Company. Pursuant to C.R.S. 10-11-122. Notice is hereby given that an ALTA Closing Protection Letter is available, upon request, to certain parties to the transaction as noted in the title commitment. Pursuant to Colorado Division of Insurance Regulation 8-1. Nothing herein contained will be deemed to obligate the Company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Page12 OMR% I'L+4iiI?1N4k1W !.Iiia% ieh+m1++ t4Cii 11111 Reception#: 822995 08/21/2012 01:44:42 PM Jean Alberioo 1 of 8 Rec Fee:$0.00 Deo Fee:0.00 GRRFIELD COUNTY CO STA 1'E OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 13"' day of August A.D. 2012, there were present: John Martin Mike Samson Tom Jankovsky Carey Gagnon Jean Alberico Andrew Gorgey , Commissioner Chairman , Commissioner , Commissioner Acting County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. lOid -7L A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR THE FRONING SUBDIVISION LOCATED ON COUNTY ROAD 107 IN THE SECTION 27, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6ni P.M., GARFIELD COUNTY, COLORADO PARCEL NO# 2393-272-00-032 AND 2393-272-00-031 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received a request for a Subdivision Preliminary Plan application to allow for the subdivision of the combined area of two parcels into five single family lots. B. The ±31 -acre site is located north of the Town of Carbondale on County Road 107 (Red Hill Road) and more fully described in a Special Warranty Deed recorded at Reception Number 755267 and a Quit Claim Deed recorded at Reception Number 796982 in the Office of the Garfield County Clerk and Recorder. C. The subject property is contained within the Rural zone district within unincorporated Garfield County. D. The Board is authorized to approve, approve with conditions, or deny a request for 1 111IIYriMAL CI 11111 Reception*: 822995 08/21/2012 01:44:42 PM Jean Plberioo 2 of 8 Rao Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO Subdivision Preliminary Plan pursuant to Article V of the Unified Land use Resolutions of 2008, as amended. E. The Planning Commission opened a public hearing on June 27, 2012 at which time the Commission, in a 5-0 vote, recommended approval with conditions to the Board of County Commissioners. F. The Board of County Commissioners opened a public hearing on the 13th day of August, 2012 upon the question of whether the above-described Subdivision Preliminary Plan should be approved or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the plan. G. The Board of County Commissioners continued the public hearing to the 20th day of August, 2012 H. The Board of County Commissioners closed the public hearing on the 20'h day of August, 2012 to make a final decision. I. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That proper public notice was provided as required for the hearings. 2. That the hearings were extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at the hearings. 3. That, upon compliance with conditions of approval, and for the above stated and other reasons, the request for a Preliminary Plan to create five (5) lots is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That, upon compliance with conditions of approval, the application has met the requirements of the Garfield County Comprehensive Plan 2030. 5. That, upon compliance with conditions of approval, the application has met the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended. 2 1111l'14liV'1 1114141IgIVOitKW14-0LINii 11111 Reception#: 822995 08/21/2012 01:44:42 PM Jean Alberioo 3 of 8 Reo Fee:80,00 Doo Fee:0.00 GARFIELD COUNTY CO RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. A Subdivision Preliminary Plan and to create five (5) lots in the Froning Subdivision is hereby approved subject to the following conditions: 1. That all representations made by the Applicant in the application, and at the public hearing before the Planning Commission shall be considered conditions of approval, unless specifically altered by the Board of County Commissioners. 2. The Preliminary Plan approval shall be valid for a period of one (1) year. 3. Plat Notes The Applicant shall comply with the final plat requirements in addition to those requirements contained within the Garfield County Unified Land use Resolution of 2008, as amended (ULUR): a. The Final Plat shall contain the following notes: i. Control of noxious weeds is the responsibility of the property owner; ii. No open hearth solid -fuel fireplaces will be allowed anywhere within the subdivision. One (1) 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 will be allowed an unrestricted number of natural gas burning stoves and appliances; iii. All exterior lighting shall be the minimum amount necessary and that all exterior Lighting shall be directed inward and downward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries; iv. Colorado is a "RIGHT -TO -FARM" state pursuant to C.R.S. 35-3-11, Et. Seq. Landowners, residents 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 with a strong rural character and a healthy ranching sector. Those with an urban sensitivity may perceive such activities, sights, sound, and smells only as inconvenience, eyesore, noise and odor. However, state law and county policy provide that ranching, farming and other agricultural activities 3 1ifirriniviLmw 11111 Reception#: 822995 08/21/2012 01:44:42 PM Jean Rlberico 4 of 8 Rea Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO and operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and in a non -negligent manner. Therefore, all must be prepared to encounter noises, odor, lights, mud, dust, smoke, chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendment, herbicide, and pesticides, any one or more of which may naturally occur as part of legal and non -negligent agricultural operations; v. All owners of land, whether ranch or residence, have obligations under state law and county regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities an act as good neighbors and citizens of the county. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County; vi. Based on the analysis of the sub -soils on the property, Individual Sewage Disposal Systems and foundation designs are required to be conducted by a registered professional engineer licensed to practice within the State of Colorado. These studies and plans shall be submitted with individual building permit application for each lot. The cost of these studies shall be borne by the individual property owner; vii. A Site-specific soils and foundation investigation shall be submitted with the Building Permit application for each lot within the Froning Subdivision; viii. Restrictions regarding animal control, fencing and prevention of conflicts with wildlife shall be included in the protective covenants compliant with the recommendations of Colorado Wildlife Science, LLC contained in a report dated August 2010; ix. All streets are dedicated to the public use but will be owned and maintained by Homeowner's Association. All streets will be constructed to standards consistent with Article VII, Section 7-307 Roadway Standards, of the ULUR, unless specific sections have been waived by the Board of County Commissioners. Repair and maintenance shall be the responsibility of the incorporated Homeowners Association of the subdivision; x. The mineral rights have not been severed from the surface parcels however the future sale of the sites may sever these rights. In order to inform future owners that mineral rights may be severed a plat note regarding this fact must be included on the final plat; 4 1111th I'Ll Wh',M1LWhili ICNOri RCS Hini 11111 Reception#: 822995 08/21(2012 01:44:42 PM Jean Alberico 5 of 8 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO xi. A plat note shall be written, to the satisfaction of the County Attorney's Office, regarding restrictions on Lot 3 which is split by the access road. Specifically, this lot has been created as a single parcel with the allowance for one single family home on the 5.006 -acre site. 4. FINAL PLAT The Final Plat shall contain the following certificates as contained within the Plat Certificate Appendix of the ULUR: a. Certificate of Dedication and Ownership; b. Lienholder Consent and Subordination Certificate, if applicable; c. Board of County Commissioners Certificate; d. Title or Attorney Certificate; e. Treasurer Certificate of Taxes Paid; f. County Surveyor Certificate; g. Clerk and Recorder Certificate; h. Surveyor Certificate. 5. WA 1ER REQUIREMENTS a. The Applicant shall obtain a well permit for the subdivision as required by the Division of Water Resources and this well permit shall be considered a submittal requirement at final plat; b. The Applicant shall include the terms and conditions of water decree case no. 06CW195 in the Subdivision Improvements Agreement and Restrictive Covenants; c. The Applicant shall submit the results of well testing as required by Section 7-104 B. of the ULUR with the Final Plat application. The report shall provide data sufficient to demonstrate provision of adequate water quantity and quality to serve the lots in the subdivision; d. If water quality analysis requires treatment of the water the Applicant shall provide design of the treatment system and cost estimates as a submittal requirement at final plat; e. The HOA shall be transferred the water rights, well permit and all easements and facilities related to the water system for this subdivision; f The subdivision covenants, or other HOA documents, must include description of the right of each lot to use the water, must adequately describe the maintenance requirements of the system, and must assign authority to the HOA to collect fees associated with the use and 5 to in anclairitrisalliii 11111 Recept i ontt : 822995 08/21/2012 01:44:42 PM Jean Rlberico 6 of 8 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO maintenance of this system. This documentation shall be considered a final plat submittal requirement and shall be reviewed by the County Attorney's office for a determination of sufficiency. 6. ROAD REQUIREMENTS The Board of County Commissioners support the requested waivers regarding road standards, as recommended by the Planning Commission, and a condition will be included which requires the applicant delineate adequate snow storage areas within the blanket easement. The easements shall be dedicated to the Homeowner's Association. 7. SUBDIVISION IMPROVEMENTS AGREEMENT a. Any Applicant for a building permit within the subdivision shall provide a site grading plan demonstrating how flows from the existing basins will be mitigated. This shall also be required as a plat note on the Final Plat and within the covenants; b. The retaining walls required by the subdivision shall be designed and included in the subdivision improvements agreement. Adequate easements must be created and the easements dedicated to the HOA who will be responsible for ongoing maintenance of these structures; c. Should additional water storage be required, based upon requirements of the Carbondale & Rural Fire Protection District, the Applicant shall provide an updated design and revise the cost estimates. 8. COVENANTS a. Protective Covenants, Section 3.12, Recreational Vehicles (RV), shall be amended to permit RV's to be used for occupancy by the owners of a lot or their guests for up to 14 days; b. Section 3.18, Variances, shall be amended regarding the ability of the ACC or the Board of the Association allowing for variance from the provision of the covenants. The ACC or the Board may only grant variances that do not affect the compliance of the subdivision with the Unified Land Use Resolution of 2008, as amended; c. The covenants shall include requirements related to the on-site retention required for each lot including the specifications for the retention; d. The covenant shall include requirements for fire sprinklers in the single family homes within the subdivision covenants including, but not limited to, water pressure/booster pump requirements. 6 1111P#LI*L14117W4100111CkW 11111 Reception#: 822995 08/21/2012 01:44:42 PPI Jean Plberico 7 of 8 Roo Fee:$0.00 Dao Fee:0.00 GARFIELD COUNTY CO 9. IMPACT FEES a. The Applicant shall submit an appraisal with the Final Plat application so that calculation of the amount of the fee -in -lieu payment of school land dedication for the subdivision can be calculated. Payment of the fee -in lieu will be required prior to approval and recording of the final plat for the subdivision; b. Prior to approval and recordation of the final plat The Applicant shall be required to comply with Resolution 2008-05, the required residential impact fee for the Carbondale and Rural Fire Protection District. A letter from the District regarding satisfaction of payment must be submitted to Building & Planning prior to plat approval. 10. As a final plat submittal requirement the Applicant shall provide information regarding completion of the formation of an incorporated homeowner's association. 11. The Applicant shall delineate and legally describe all easements on the final plat and convey all easements to the responsible entity This dedication shall be in a form acceptable to the County Attorney's Office and transfer shall occur at the time of recording of the final plat. These easements shall include, but are not limited to all easements of record, utility easements, drainage easements, water system easements, stormwater drainage easements, open space and any internal roads required as a part of this development. 12. Final plat submittal requirements shall include a Storm Water Management Plan that focuses on erosion control that prevents the detachment of soil rather than sediment control, which focuses on removal of soils particles from runoff. Dated this dal- day of atA (,%" , A.D. 20 t - . 0 GARFIELD _OUNTY BOARD OF COMMISS ONER GARFIELD COUNTY, ATTEST: of the Board Chairm Upon motion duly made and seconded the f following vote: 'ng Reso on was ado COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY ed by the , Aye , Aye , Aye 7 1111IYt''rlieLI lifilneirACItha I i 11111 Reception#: 822995 08/21/2012 01:44:42 PM Jean Alberico 8 of 8 Rec Fee:$0.00 Doc Fee:0.00 GPRFIELD COUNTY CO STA 1 E OF COLORADO ) )ss County of Garfield ) l County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 . County Clerk and ex -officio Clerk of the Board of County Commissioners 8 .V G 0 b G. El" 0 .'T.' rt S • 8. 0 r. 0 0 0•G- 0 o - (D Wd con N . S' 0:1 �v ' .-r N N : 0 G CD n rn p oGa n = 0, O "'d 0 r+ O O\ Er 0. co pq0 ed � N• gfi, CD • OGQ ,.d O �• goy P.. G G• O R. 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The Impact Analysis shall provide a description of the impacts that the proposed land use change may cause, based upon the standards that the proposed use must satisfy. The Impact Analysis shall include a complete description of how the applicant will ensure that impacts will be mitigated and standards will be satisfied. The following information shall be included in the Impact Analysis: 1. Adjacent Property. An address list of real property adjacent to the subject property, and the mailing address for each of the property owners. Response: A list of adjacent property owners and mailing addresses is included in section 24. This list also includes mailing addresses for all property owners in the vicinity of the subject property and associated parcel ID maps. 2. Adjacent Land Use. Existing use of adjacent property and neighboring properties within 1500' radius. Response: BLM ownership flanks the subject property on the east and southern boundaries. Single-family lots ranging from 11.3 acres to 4.08 acres in size characterize the land use on the north, northwest and southwest. The Red Hill Recreation Area in BLM ownership lies directly across from the subject property on the western side of CR 107. The adjacent land uses are summarized graphically on the Adjacent Land Use Map (on following page). 3. Site Features. A description of site features such as streams, areas subject to flooding, lakes, high ground water areas, topography, vegetative cover, climatology, and other features that may aid in the evaluation of the proposed development. Response: A description of the site features for the subject property includes: Froning Family Subdivision Impact Analysis December, 2010 Page 1 Streams, lakes and other water related features. The subject property lies on the south facing slopes of the Red Hill area directly to the north of Carbondale and the intersection of State Highways 82/133. There are no water features such as streams, lakes, etc. The subject property is not located in a floodplain, nor is it subject to flooding, debris flows, etc. There are no known pockets of perched high, seasonal ground water. Vegetative cover. Discussed in Paragraph 5 of Land Suitability Analysis (Section 9). Topography. The topography and red soil characteristics of the bedrock and soil are the signature characteristics of the site. The terrain rises to the north and then drops off in elevation with the moderately steep, south facing slopes. Outcroppings exist on the southeastern portion of the site and in a few other localized areas. Slopes can range up to 40%+ in a small area of the southeast potion of the site and as well as on the west facing slopes near portions of the CR 107 right-of-way (see Slope Analysis maps in Section 9). The steep portions of the site are not included in any of the designated building envelopes. Climatology. As characteristic of most of the lowest elevations of the Roaring Fork Valley, the subject property is characterized by cold winters and cool summers. The south facing hillsides in the area lose their snow cover relatively quickly compared to north facing hillsides or the valley floor. Wildfire. There is risk of wildfire danger on the subject site and in the surrounding area in general. The project intends to address the wildfire danger in two ways: 1) By setting up a "defensible space" around any built structures within the development in order to reduce fire danger to both the structures and the inhabitants. The defensible space criteria and requirements are considered part of this development and are included in the covenants; and 2) A 10,000 gallon water storage tank is being provided as part of the community water system for the project. This water tank, besides providing for the domestic and small irrigation requirements of the project, will also be available for use by the C&RFPD for fighting any wildfire or any other structure fires in the Red Hill Area. An emergency access easement is being provided for and made available to the County and any other emergency service personnel Froning Family Subdivision Impact Analysis December, 2010 Page 2 in the area. Preliminary Plan documents address the wildfire danger in a number of instances: • The C&RFPD has commented on the adequacy of the emergency access easement, the access to the property and finds the water system and fire fighting capability acceptable. See letter in Section 25). • Water system described in Engineering Report (Section 13). • Defensible Space requirements included in draft covenants (Section 18). • Emergency Access Easement provided in Section 25. 4. Soil Characteristics. A description of soil characteristics of the site which have a significant influence on the proposed use of the land. Response: See discussion on in Land Suitability Analysis (Section 9). 5. Geology and Hazard. A description of the geologic characteristics of the area including any potential natural or man-made hazards, and a determination of what effect such factors would have on the proposed use of the land. Response: Three geologic reports have been conducted by HP Geotech for the subject property (Section 16). The only geologic hazard as noted are the steep slopes. This has been mitigated by location of building envelopes limited in size and composed of areas with slopes suitable for development. The majority of the property has slopes less than 30%. Other geologic hazards are typical of the area including earthquake potential and radiation and are minimal in nature. There are no known debris flows, floodway or flood fringe areas identified for the subject property. Specific recommendations have been provided related to construction excavations and building foundations. Wildfire hazard is the most notable hazard on the subject site. See discussion in Paragraph 3 above. 6 Effect on Existing Water Supply and Adequacy of Supply. Evaluation of the effect of the proposed land use on the capacity of the source of water supply to meet existing and future domestic and agricultural requirements and meeting the adequate water supply requirements of Section 7-104. Froning Family Subdivision Impact Analysis December, 2010 Page 3 Response: Domestic water is supplied by Red Hill No. 3. The well has been operational since 1986. Average daily demand will be 1,750 gallons (350 gpd per residential unit times a maximum of 5 units on the property. Irrigation is limited to 2,000 SF of land area for Lot 1 and 1,000 SF per lot for Lots 2-5. Fire protection needs are being met by 10,000 gallon storage tank and system (6 inch main and 2 inch service lines to each building envelope which will allow each house to meet future code requirements for sprinkling systems). Two fire hydrants are included in design of system as well as ability of fire pumper to be able to load water from tank, a demonstrated need for the Red Hill Neighborhood. System meets the adequate water supply requirements of Section 7-104. The project also has a sufficient legal as well as physical source of water. The following documents are included in Section 15: • Well permit and beneficial use field inspection report for well permit # 29358-F • Pump Test Report (2-22-06) • Plan for augmentation for the Froning Family Subdivision (by RHN Water Resources Consultants, Inc. — 6-5-06) • Augmentation Plan: Case # 06 CW 195 Effect of land use application on existing supply. There should be no adverse effect of the land use application on the supply on other nearby properties. Only the existing well is being used, and the presence of a storage tank will allow not only the subject well but other in the area to be able to adequately recover. No new wells are being drilled. There is no agricultural use in the general area. 7 Effect on Groundwater and Aquifer Recharge Areas. Evaluation of the relationship of the subject parcel to floodplains, the nature of soils and subsoils and their ability to adequately support waste disposal, the slope of the land, the effect of sewage effluents, and the pollution of surface runoff, stream flow and groundwater. Response: Waste water disposal. All lots will be served by ISDS. Lots are sufficiently large that there will be adequate separation from other systems and from other well sites. There are no floodplains, streams or other surface water features in the area that may be impacted. Froning Family Subdivision Impact Analysis December, 2010 Page 4 Nature of soils and subsoils and ability to adequately support wastewater disposal. Reports from HP Geotech indicate that building envelopes can be served by ISDS. Percolation tests included in Geotech reports. See Section 16. Surface runoff. Development potential is relatively light, and there will not be a significant increase in the level of impervious surface. Existing drainage patterns will be maintained. There may be a very slight increase in the amount of drainage surface water reaching the perimeter of the property, but it is not significant. Groundwater. Seasonally high groundwater is not a constraint in the area. There will be a minimal increase in surface drainage, but it is not foreseen that this could have a negative effect on or cause pollution of any groundwater. Aquifer Recharge. There will be a minimal increase in the impervious surface on this 30 acre property from development. The interior road surface is not being paved. Aquifer recharge should not be affected. 8. Environmental Effects. Determination of the existing environmental conditions on the parcel to be developed and the effects of development on those conditions, including: a. Determination of the long term and short term effect on flora and fauna. Froning Family Subdivision Impact Analysis December, 2010 Response: Long term and short term including seasonal issues is addressed in the report from Colorado Wildlife Science LLC. (See Section 14). Pages 5 and 6 of the report contain an evaluation of the proposed land use application on fauna and flora per Section 4-502 (E) of the Garfield County ULUR. There will be no direct loss of habitat from the development, though some indirect loss of elk and mule deer winter range and winter concentration area. The indirect habitat loss will have no effect on wintering animals. Pages 6-8 of the CWS, LLC report provides recommendations on the protection of wildlife habitat areas, vegetation, control of domestic animals and "other measures to minimize impact". These sections of the Wildlife and Ecological Assessment are reproduced here for ease of review of the documents. Some of these recommendations (e.g. fencing, vegetation protection) are being set out in the covenants for the property. Please note that the sagebrush Page 5 meadow in the southwest corner of the property will be protected. Construction mitigation is also being provided. Note: Inserted text below: 5.0 IMPACT ANALYSIS §4-502(E) The physical removal of vegetation or other habitat features is known as direct habitat loss. Disturbance resulting from human activity associated with each home site or infrastructure will decrease the effectiveness of habitat that remains physically undisturbed. This is known as indirect habitat loss. No direct loss of habitat will result from the proposed action. There will be some indirect loss of mule deer and elk winter range and winter concentration area Table X). Given the size of the affected habitat areas, the indirect habitat loss will have no effect on wintering mule deer and elk. Species Habitat Type Size of Habitat Area % of Total Habitat Area Indirectl Affected Mule Deer Winter Range 6,291,654 ac 0.00003 Elk Winter Range 11,558,209 0.00001 5.1 Threatened and Endangered Species As discussed above, there are no ESA listed or Candidate species known to occur in the vicinity of the Froning Property. As such, it is highly unlikely that the proposed development will have any effect on federal Threatened, Endangered, or Candidate vertebrate species (See Table 1, above). 5.1.1 Bald Eagle (ST) Please see 4.1.1 above. The proposal will have no effect on bald eagles. 5.2 Other Species of Interest 5.2.1 Ungulates The proposed action will result in the direct and indirect loss of a very small amount of mule deer and elk winter range. The proposal may affect, but is not likely to adversely affect mule deer and elk and will have no effect on bighorn sheep. 5.2.2 Black Bears The proposed action will not result in the direct or indirect loss of black bear habitat and will have no effect on black bears. 5.2.3 Raptors The proposed action will have no effect on raptors. Froning Family Subdivision Impact Analysis December, 2010 Page 6 5.2.4 Greater Sage -Grouse There is no active greater sage -grouse habitat within the Roaring Fork watershed. The Property is not within close proximity to historic greater sage -grouse habitat. Consequently, there will be no effect on greater sage -grouse. 5.3 Alteration of Existing Native Vegetation Implementation of the proposal will result in the removal small areas of pinon juniper woodland and associated species. have no effect on any native vegetation. 5.3.1 Rare & Listed Plants A rare plant survey was conducted on the Property by a CWS biologist. The Property provides potential habitat for Penstemon harringtonii. This endemic flowering plant occurs in open sagebrush or, less commonly, pinon juniper habitats. Soils are typically rocky clay loams derived from coarse calcareous parent materials between 6,800 and 9,200 feet. No Endangered, Threatened, Candidate, or rare species were found. 6.0 PROTECTION OF WILDLIFE HABITAT AREAS §7-202 The following measures will reduce the impacts of the proposed action on wildlife. 1. Fencing — Fencing that is incompatible with wildlife movements can result in direct wildlife mortality, restricted or blocked movement, and reduction of habitat effectiveness. a. Lot owners should be encouraged to avoid fencing within lots to allow continued wildlife use. b. Lot perimeter fencing should be prohibited. c. Fencing should be restricted to the building envelope of each given lot. d. Fences should meet or exceed CDOW fence standards (except fences used to contain dogs): (1) Wood rail fencing should employ three rails or less, be the round or split rail type, should not exceed 52 inches in height above mean ground level and 2 inches in width (top view), and should have at least 18 inches between two of the rails. (2) Wire fences should consist of smooth wire with a maximum height of 42 inches above mean ground level. The middle wire should be 30 inches above mean ground level, providing an 18 inch kick -space below the top strand. The bottom strand should be 18 inches above mean ground level to facilitate movement of fawns and elk calves as well as other wildlife. 6.1 Vegetation 1. The sagebrush stand at the southwest end of the Property should be avoided. Froning Family Subdivision Impact Analysis December, 2010 Page 7 2. Native vegetation should be preserved to the maximum extent possible except where management is necessary to reduce wildfire hazards. 3. Native vegetation should be preserved within all residential lots except within a designated landscape area or envelope that should encompass no more than '/4 of the lot. 4. An orange safety fence should be required around building envelopes during construction to prevent any unnecessary vegetation disturbance during construction. 5. Building envelopes and any areas disturbed outside the building envelope should be immediately revegetated according to Garfield County Vegetation Management Reclamation Standards. 6. Following construction, it should be prohibited to disturb naturally occurring vegetation outside building envelopes of each lot. 6.3 Domestic Animal Controls Dogs running at large pose a significant threat to wildlife. Although dogs are rarely successful in catching the many animals they chase, they do occasionally kill wildlife. More often, they injure the wildlife enough to cause their eventual death. Packs of dogs are much more efficient hunters, and have been known to kill adult mule deer and elk. When dogs are unsuccessful in catching the object of their chase, the potential prey has had to expend significant energy in order to evade the dog. This expenditure of energy, particularly in winter when food is scarce, threatens the survival of that animal (or group of animals). In particular, pregnant wildlife and newborn animals do not have the reserves to repeatedly expend in avoiding dogs. 1. When outside, all dogs should be leashed or restricted to a fenced enclosure (i.e., fenced yard, kennel, or run) adjacent to the residence. 2. Leashes should be required whenever a dog is on common roads or other common property. 3. Dogs of guests should be required to comply with these restrictions. 4. Contractors should be prohibited from bringing their dogs on site during construction even if kept within their vehicles. 6.4 Other Measures to Minimize Impacts 1. Black Bears - Increasingly, residential development is causing conflicts with bears by introducing them to garbage, barbecue grills, bird feeders, and other attractants which results in habituation and occasional aggression toward people. As discussed above, the Property is within a known human -bear conflict area. The following measures will reduce the likelihood of human -bear conflict: a. All refuse containers should meet bear -proof specifications set by the Living with Wildlife Foundation (http://www.lwwf.org/Bear- resistant%20products%20testing.htm) or kept in a bear -proof enclosure or garage until the day of pickup. Froning Family Subdivision Page 8 Impact Analysis December, 2010 b. Pets should not be fed outside. c. Bird feeders should be avoided from April through November. d. Composting should be restricted to yard waste (e.g., leaves and grass clippings). Food waste should be prohibited within compost. 2. Education - Educational materials pertaining to local wildlife (e.g., CDOW brochures entitled "Living with Wildlife in Bear Country") should be made available to visitors. 3. Construction Timing - In order to reduce the effects of construction activity on wintering animals, construction activity should be limited to the period between March 15st and December 15th End of Inserted Text b. Determination of the effect on significant archaeological, cultural, paleontological, historic resources. Response: A report on the archaeological, cultural and historic resources has been prepared by Flattops Archaeological Consultants (Flattops) and is in Section 17. Based on ther results of the Class I Inventory, Flatopps recommends a finding of no historic properties affected. c Determination of the effect on designated environmental resources, including critical wildlife habitat. 1. Impacts on wildlife and domestic animals through creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns and other disruptions. Response: See paragraph 8.a above. d. Evaluation of any potential radiation hazard that may have been identified by the State or County Health Departments. Response: Findings related to radiation hazard are found in the Radiation Hazard Report, dated July 11, 2006. (Section 16). The Report states that the property is not in a geologic setting that would indicate high concentrations of radioactive materials. e. Spill Prevention Control and Counter Measures plan, if applicable. Froning Family Subdivision Impact Analysis December, 2010 Page 9 Response: Construction related to the project, excavation for road improvements, water mains, general utility work should not be prone to toxic or hazardous spills. Contractors for infrastructure provision, and later on for construction of homes and accessory buildings will be required as in normal business operations to take care of any such accidents. 9. Traffic. Assessment of traffic impacts based upon a traffic study prepared in compliance with Section 4-502(J). Response: A basic traffic study is included in Section 13. There will be approximately an increase of 39 trips per day within the project and on CR 107. This represents an increase of approximately 16% for CR 107 over the existing condition. This increase will not necessitate an access permit with CDOT related to the Hy 82/133 intersection. No traffic mitigation or remedial action is recommended. 10. Nuisance. Impacts on adjacent land from generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. Response: There should be no impact on adjacent properties from additional generation of vapor, dust, etc. With the exception of installation of infrastructure and the construction of single-family residences and related accessory structures, which are all short- term in nature, impacts should be minimal. County guidelines for lighting will be followed, so there should be no excess glare or light pollution from the subject property. No other nuisances are expected. 11. Reclamation Plan. A reclamation plan consistent with the standards in Section 7-212. Response: The project will follow requirements of Section 7-212 for installation of subdivision improvements. These criteria can be included in the SIA. Other activities such as installation of ISDS or driveway permits and other applicable activities subject to County permit will follow Reclamation Plan guidelines and criteria where applicable. (Reclamation plan, straw check dams, BMP's, etc. are included as notes and requirement on the Civil Engineering Plans). C:\Documents and Settings \ Mark Cha in\My Documents\Garfield County\Froning\Prelim Plan\Preliminary Plan Narrative draft20100727.doc Froning Family Subdivision Impact Analysis December, 2010 Page 10 Existing Draft Development Agreement FRONING FAMILY SUBDIVISION SUBDIVISION IMPROVEMENTS AGREEMENT THIS FRONING FAMILY SUBDIVISION (" Froning Family Subdivision "), SUBDIVSION IMPROVEMENTS AGREEMENT ("Agreement") is made and entered into this day of , 2011, by and between"), Froning Family Partners ("Owner" or "Developer") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO (referred to in this Agreement as the "Board" or "County"). WITNESSETH: WHEREAS, on , 2011 the Board approved a Preliminary Plan for Froning Family Subdivision (Resolution No. 2011- ) which, among other things, would create five residential lots (Project); and WHEREAS, Developer has submitted to the County for its approval a final subdivision plat ("Final Plat") for the subdivision, comprising five single-family residential lots; and WHEREAS, as a condition of approval of the Final Plat submitted to the County for its approval as required by the laws of the State of Colorado, Developer wishes to enter into this Subdivision Improvements Agreement with the County; and WHEREAS, Developer has agreed to execute and deliver a letter of credit to the County to secure and guarantee its performance under this Agreement and has agreed to certain restrictions and conditions regarding the issuance of building permits, certificates of occupancy and sale of properties, all as more fully set forth below in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. DEFINITIONS. a. Final Plat means the document consisting of sheets to be recorded with the Garfield County Clerk and Recorder entitled Final Plat, Froning Family Subdivision Subdivision. b. Plat Documents mean the Construction Documents for the Froning Family Subdivision prepared by Sopris Engineering, Inc. under project number , consisting of pages, revised as , together with the Final Plat. 2. FINAL PLAT APPROVAL. The County hereby accepts and approves the Final Plat for the Froning Family Subdivision, subject to the terms and conditions of this Agreement, the Preliminary Plan Approval (Resolution 2011- ), and the Froning Family Sub SIA Page 1 of 8 Draft Dec 2010 requirements of the Garfield County Zoning and Subdivision Regulations. 3. DEVELOPER'S PERFORMANCE. Developer has constructed and installed, or shall cause to be constructed and installed, at its own expense, those subdivision improvements ("improvements" or "subdivision improvements") related to the Final Plat for Froning Family Subdivision which are required to be constructed under the Preliminary Plan Approval, this Agreement, the Final Plat, and all Garfield County Zoning and Subdivision Regulations. Developer shall comply with the following: a. All Plat documents submitted prior to or at the time of Final Plat approval, as well as all terms and conditions set forth on the Final Plat, all of which are incorporated herein by this reference; b. All requirements of the Preliminary Plat Approval and all Garfield County Zoning and Subdivision Regulations applicable to this project; c. All laws, regulations, orders and resolutions of the State of Colorado, and the County of Garfield; d. All designs, specifications, drawings, maps, sketches, and other materials submitted by Developer and its engineers in furtherance of the application for the approval of the Froning Family Subdivision, as heretofore approved by the County, including all improvements shown on the Plat Documents. e. Payment of all fees required by the County and/or such other government authority or special district with jurisdiction, as may be required for installation of the improvements. f. All such improvements shall be completed no later than one (1) year after the date of recording of this Agreement in the Office of the Garfield County Clerk and Recorder, which period may be extended by the Board for good cause shown. The County agrees that if all required improvements are installed in accordance with this Agreement; the requirements of the Preliminary Plan approval; the Plat Documents, the as -built drawings to be submitted upon completion of the improvements and the requirements of the Garfield County Zoning and Subdivision resolutions and regulations; and all other requirements of this Agreement, then the Owner shall be deemed to have satisfied all terms and conditions of the Zoning and Subdivision Regulations of Garfield County, Colorado with respect to the installation of improvements relating to the Project. 4. SECURITY FOR IMPROVEMENTS a. Letter of Credit. On or before the date of the recording of the Final Plat with the Garfield County Clerk and Recorder, Developer shall deliver a Letter of Froning Family Sub SIA Page 2 of 8 Draft Dec 2010 Credit in a form acceptable to the County ("Letter of Credit"). The estimated cost of completing the Froning Family Subdivision subdivision improvements, as set forth and certified by a licensed engineer on Exhibit B attached hereto, is $ (such estimate includes typical construction costs, construction inspection, engineering fees and a contingency fund). A Letter of Credit will be issued in the amount of $ to guarantee completion of the remaining improvements. The Letter of Credit required by this Agreement shall be issued by a state or national banking institution acceptable to the County, in substantially the same form as the draft letter attached as Exhibit C. If the institution issuing the Letter of Credit is not licensed in the State of Colorado and transacting business within the State of Colorado, the Letter of Credit shall be "confirmed" within the meaning of the Uniform Commercial Code -Letters of Credit §§ 4-5-101, et seq., C.R.S., by a bank that is licensed to do business in the State of Colorado, doing business in the State of Colorado, and acceptable to the County. The Letter of Credit must be valid for a minimum of six (6) months beyond the completion date for the improvements set forth herein. If the time for completion of improvements is extended by a written amendment to this Agreement, the time period for the validity of the Letter of Credit shall be similarly extended. Additionally, should the Letter of Credit become void or unenforceable for any reason, including bankruptcy of the Owner or the financial institution issuing or confirming the Letter of Credit, prior to approval of the improvements, this Agreement shall become void and of no force and effect, and the Final Plat shall be vacated pursuant to the term of this Agreement. b. Partial Releases of Letter of Credit. The County shall release portions of the Letter of Credit as portions of the improvements required hereunder are completed to the satisfaction of the County. Certification of completion of improvements adequate for release of security must be submitted by a licensed or registered engineer. Such certification authorizing release of security shall certify that the improvements have been constructed in accordance with the requirements of this Agreement, including all Final Plat plans. Developer may also request release for a portion of the security upon proof (i) that Developer has a valid contract with a public utility company regulated by the Colorado PUC that obligated such utility company to install certain utility lines and (ii) that Developer has paid to such utility company the cost of installation of such utilities required to be paid by Developer under such contract. Upon submission of a certification of completion of improvements by the Developer, the County may inspect and review the improvements certified as complete, to determine whether or not said improvements have been constructed in compliance with the relevant specifications. If the County determines that all or a portion of the improvements certified as complete are not in compliance with the relevant specifications, the County shall furnish a letter of potential deficiencies to the Developer within fifteen (15) days specifying which Froning Family Sub SIA Page 3 of 8 Draft Dec 2010 improvements are potentially deficient. If no letter of potential deficiency is furnished within the said fifteen (15) day period, all improvements certified as complete shall be deemed accepted and the County shall release the appropriate amount of security as it relates to the improvements that were certified as complete. If a letter of potential deficiencies is issued which identifies a portion of the certified improvement as potentially deficient, then all improvements not so identified in the letter of potential deficiencies shall be deemed accepted and the County shall release the appropriate amount of security as such relates to the certified improvements that are not identified as potentially deficient in the letter. With respect to any improvements certified as complete by the Developer that are identified as potentially deficient in a letter of potential deficiencies as provided in this paragraph, the County shall have thirty (30) days from the date of the letter of potential deficiencies to complete its investigation and provide written confirmation of deficiency to Developer. If the County finds that the improvements are acceptable, then appropriate security shall be released to the Developer within ten (10) days after completion of such investigation. In the event the improvements are not approved by the County, the Board of Commissioners shall make a written finding prior to requesting payment from the Letter of Credit. Additionally, the County shall provide the Developer a reasonable period of time to cure any deficiency prior to requesting that any portion be paid from the Letter of Credit. Upon completion of all improvements, Developer shall submit to the Board of County Commissioners of Garfield County as -built drawings bearing the stamp of Developer's professional engineer certifying that all improvements have been constructed in accordance with the requirements of this Agreement, including all Final Plat plans. The County may inspect and review the improvements, and, assuming acceptance, the County shall release the remaining amount of security. c. Substitution of Letter of Credit. The County may, at its sole option, permit the Developer to substitute collateral other than a Letter of Credit acceptable to the County for the purpose of securing the completion of the improvements as hereinabove provided. d. Recording of Final Plat. The Final Plat for Froning Family Subdivision shall not be recorded pursuant to this Agreement until the Letter of Credit described in this Agreement has been received and approved by the County. 5. WATER SUPPLY. Prior to issuance of any certificates of occupancy by the County for any homes to be located upon Froning Family Subdivision, Developer shall install a water distribution system for potable water and fire protection in accordance with plans and specifications approved by the County. All easements and rights of way necessary for installation, operation, service and maintenance of such water supply and distribution system shall be established as shown on the Final Plat. 6. ROADS. All roads within Froning Family Subdivision shall be dedicated to the Froning Family Sub SIA Page 4 of 8 Draft Dec 2010 Froning Family Subdivision Association, Inc. for the use and benefit of the public. The homeowners association shall be solely responsible for the maintenance, repair and upkeep of said roads. The County shall not be obligated to maintain any roads within the subdivision. 7. INDEMNITY. To the extent allowed by law, the Developer agrees to indemnify and hold the County harmless and defend the County from all claims which may arise as a result of the Developer's installation of the improvements required pursuant to this Agreement. However, the Developer does not indemnify the County for claims made asserting that the standards imposed by the County are improper or the cause of the injury asserted. The County shall be required to notify the Developer of receipt of a notice of claim, or a notice of intent to sue, and shall afford the Developer the option of defending any such claim or action. Failure to notify and provide such written option to the Developer shall extinguish the County's rights under this paragraph. Nothing herein shall be interpreted to require the Developer to indemnify the County from claims which may arise from the negligent acts or omissions of the County or its employees. 8. COMPLIANCE WITH FIRE DISTRICT REQUIREMENTS. The Carbondale and Rural Fire Protection District ("District") currently serves this Subdivision. The Developer shall comply with all provisions of the District's approval, including, without limitation, that the Developer shall pay an impact fee of $ (for a total of $ for this Project) to the District at the time of Final Plat approval. 9 SALE OF LOTS. Except for the entirety of the Property, no lots, tracts, or parcels within Froning Family Subdivision may be separately conveyed prior to recording of the Final Plat for Froning Family Subdivision in the records of the Garfield County Clerk & Recorder. 10. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one remedy for breach of this Agreement, the County may withhold issuance of building permits for any residence or other habitable structure requiring a permit to be constructed upon Lots 1 through 5, and/or any other structures requiring building permits within Froning Family Subdivision. Further, the parties agree that no certificates of occupancy shall issue for any buildings or structures, including residences, within Froning Family Subdivision until all on-site improvements have been completed and are operational as required by this Agreement. Developer shall provide the purchaser of a lot, prior to conveyance of the lot, a signed copy of a form in substantially the same form as that attached to and incorporated herein by reference as Exhibit C concerning the restrictions upon issuance of building permits and certificates of occupancy detailed in this Agreement, Final Plat Approval and Preliminary Plan Approval. 11. ENFORCEMENT. In addition to any rights which may be provided by Colorado statute, the withholding of building permits and certificates of occupancy provided for in paragraph 4 above, and the provisions for release of security, Froning Family Sub SIA Page 5 of 8 Draft Dec 2010 detailed in paragraph 10 above, it is mutually agreed by the County and the Developer that the County, without making an election of remedies, or any purchaser of any lot within the Subdivision shall have the authority to bring an action in the Garfield County District Court to compel enforcement of this Agreement. Nothing in this Agreement, however, shall be interpreted to require the County to bring an action for enforcement or to withhold permits or certificates or to withdraw and use security. Nor shall this paragraph or any other provision of this Agreement be interpreted to permit the purchaser of a lot to file an action against the County. 12. CONSENT TO VACATE PLAT. In the event the Developer fails to comply with the terms of this Agreement, the County shall have the ability to vacate the Final Plat for Froning Family Subdivision as it pertains to any lots for which building permits have not been issued. As to lots for which building permits have been issued, the plat shall not be vacated and shall remain valid. In such event, the Developer shall provide the County a survey, legal description and a plat showing the location of any portion of the Final Plat so vacated and shall record the plat in the Office of the Garfield County Clerk and Recorder. If such plat is not recorded by the Developer, the County may vacate the plat, or portions thereof, by Resolution. 13 NOTICE OF RECORDATION. This Agreement shall be recorded in the Office of the Garfield County Clerk and Recorder and shall be a covenant running with title to all lots, tracts, and parcels within Froning Family Subdivision. Such recording shall constitute notice to prospective purchasers or other interested parties as to the terms and provisions thereof. 14. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall be binding upon and inure to the benefit of the successors and assigns of the Developer and the County. 15. NOTICES. All notices required or permitted by this Agreement shall be in writing and shall be deemed effective when received by the recipient party via personal delivery, facsimile transmission, United States certified mail, postage prepaid, return receipt requested, by messenger or by overnight delivery service, in all cases addressed to the person for who it is intended at their address and facsimile numbers(s) set forth below or to such other address as a party shall have designated by notice in writing to the other party in the manner provided by this paragraph: If to Developer: Froning Family Partners c/o Paul Froning PO Box 545 Carbondale CO 81623 Froning Family Sub SIA Page 6 of 8 Draft Dec 2010 With copy to: Eric J. Gross Whitsitt & Gross P.C. 320 Main Street Suite 200 Carbondale CO 81623 If to the County: Board of County Commissioners of Garfield County Planning Director 108 Eighth Street, Room 201 Glenwood Springs, CO 81601 19. AMENDMENT. This agreement may be amended or modified from time to time, but only in writing signed by the parties hereto. 20. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of, or related to, this Agreement shall lie with the District Court for Garfield County, Colorado, and this Agreement shall be construed according to the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have signed this Agreement to be effective upon the date first set forth above. OWNER/DEVELOPER: By: Froning Family Partners BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF GARFIELD, STATE OF COLORADO By: Print Name: Chairman ATTEST: Clerk & Recorder Garfield County, Colorado STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) Subscribed and sworn to before me by, this day of 2011 by of the Froning Family Partners. Froning Family Sub SIA Page 7 of 8 Draft Dec 2010 WITNESS my hand and official seal. My commission expires: STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Notary Public Subscribed and sworn to before me by , Chairman of the Board of County Commissioners for Garfield County, this day of , 2011 WITNESS my hand and official seal. My commission expires: Notary Public Froning Family Sub SIA Page 8 of 8 Draft Dec 2010 Existing Visual Analysis SECTION 11 VISUAL ANALYSIS Included in this Section are depictions of actual (existing Froning residence) and conceptual improvements for the Froning Family Subdivision. Map 5 of 7 (views from public roadway corridor) shows the existing Froning residence and four potential homes within each building envelope super -imposed in scale using Google Earth backgrounds. Map 6 of 7 (views from public roadway corridor) displays where the present structure is visible from public rights-of-way. The existing Froning house is slightly visible along County Road 100. In this view, the house is approximately 2 miles away from the driving area on CR 100. It is barely noticeable. The existing Froning residence is also visible while driving northbound on Highway 82. In this case, the view line to the house is about 1 mile. We of course hope that travelers on Highway 82 are paying attention to the road and traffic and are not looking at homes in the area. The Froning house does not "ridgeline" and it is less visible than many other homes in the Red Hill area or homes in the Los Adobes subdivision. These views of the Froning residence from the public rights- of-way shown on Map 6.1 of 7. This issue was discussed at the sketch plan level and the Froning's have committed to repainting their chimney, which is the "visible element" if the Planning Commission and Board of County Commissioners requires. Below are two photos taken from that perspective. The first is the home in its current condition, with the chimney painted white and the second is a photo which shows the appearance of the house and chimney if it was repainted in earth tone. The "southwest 3-D view" on Map 5 of 7, as mentioned previously, shows the subdivision at build -out with appropriately sized homes on the subject lots. The proposed home on Lot 4 may be slightly visible to people / vehicles on CR 107 while traveling south towards the 82/133 intersection. The applicants recognize this and have addressed this in the covenants via design review by the ACC. Efforts will be made to have reasonable massing and scale. SOUTH WEST GOOGLE EARTH VIEW 4 • y ..i- r_ a • 2 %Vie' INV< z .• # •a,. i loge, i .� EXISTING HOUSE AND GARAGE COUNTY ROAD 10T POTENTIAL HOUSE SHOWN AT EACH BLDG. ENVELOPE TYPICAL VIEWS FROM PUBLIC ROADWAY CORRIDOR: PRELIMINARY PLAN SUBMITTAL COUNTY ROA 101 SOUTH WEST 3D VIEW EXISTING HOUSE AND GARAGE (0 U W z eDw E MEF MEGA. ..NAI • MERE] , .u::•• Niers MEM u rc DATES 11-2e-10 PRELIM. s 0 T NOTE: SEE ATTACHED REFERENCE IMAGES A & B FROM GOOGLE EARTH —BEtc.,„ • t VIEWS FROM PUBLIC ROADWAY CORRIDOR: PRELIMINARY PLAN SUBMITTAL FRONING FAMILY SUBDIVISION (GREEN) ti ▪ . rt r a r f i I : • l „id P •-.-� 9 1 .ti• ' 1 1 GLENWOOD SPRINGS _ rk• /W'r82 . . L •vgRlNG FO ASPEN ti _ �" e • { .11 I • L■ ..r.r .. • ••r••••••.. ■.c.■ ..R■ ■.r u i DATES 11-29-10 PREL IM. .0 T 'A' VIEW GOOGLE EARTH AS SEEN FROM COUNTY ROAD 100 (TWO MILES TO FRONING HOUSE) VIEWS FROM PUBLIC ROADWAY CORRIDOR: PRELIMINARY PLAN SUBMITTAL 'B' VIEW GOOGLE EARTH AS SEEN FROM HWY 82 (ONE MILE TO FRONING HOUSE (0 w I w eDE ..r ..F. ..G.. ..e..... ......N. ..r...�. DATES 11-2e-10 FEL IM. e o1 0 T Froning House from Highway 82: Existing Color Scheme Froning House with proposed painted chimney