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HomeMy WebLinkAbout1.0 Application Text Finl with ExhibitsLake Springs Ranch Garfield County ROW Vacation/L&E Review d S . division Final Plat Vacation Submitted by: Berkeley Family, LLLP Prepared by: TG Malloy Consulting, LLC Date: August, 2020 TGMC.IIc Land Use Planning. Site Design . GIS Analysis Public Process Lake Springs Ranch Application for Vacation of a Subdivision Final Plat, Vacation of a County Road or Public Right -of -Way and Location & Extent Review Garfield County, Colorado August 18, 2020 TGMC,IIC Land Use Planning . Site Design . GIS Analysis. Public Process Lake Springs Ranch Subdivision Plat Vacation, ROW Vacation and L&E Application August 18, 2020 2 Owner & Project Team OWNER/APPLICANT: Berkeley Family LLLP 4001 County Road 114 Glenwood Springs, Colorado 81601 LAND USE PLANNER: TGMC, LLC 402 Park Drive Glenwood Springs, Colorado 81601 P: 970.945.0832 tim@tgmalloy.com CIVIL ENGINEERING & SURVEYING: High County Engineering 1517 Blake Avenue, Suite 101 Glenwood Springs, Colorado 81601 P: 970.945.8676 DDennison(a�hcenq.com ATTORNEY: Beattie, Houpt & Jarvis, LLP 932 Cooper Ave Glenwood Springs, CO 81601 P: (970.945.8659 ryan@bhjlegal.com 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • E: tim@tgmalloy.com Lake Springs Ranch Subdivision Plat Vacation, ROW Vacation and L&E Application August 18, 2020 3 Table of Contents List of Exhibits 4 Description of Request/Background 5 Submission Requirements 11 Review Criteria - Location & Extents 13 Review Criteria - Vacation of Public Right -of -Way 17 Review Criteria - Vacation of Subdivision Final Plat 21 AVLT Conservation Easement 23 Summary 24 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • E: tim@tgmalloy.com Lake Springs Ranch Subdivision Plat Vacation, ROW Vacation and L&E Application August 18, 2020 4 List of Exhibits Exhibit 1: Land Use Change Application Form Exhibit 2: Pre -application Conference Summary Exhibit 3: Statement of Authority & Letter of Authorization Exhibit 4: Ownership Documentation & Title Report Exhibit 5: Fee Payment Agreement Exhibit 6: List of Adjacent Property Owners & Mineral Rights Owners Exhibit 7: Vicinity Map Exhibit 8: Lake Springs Ranch PUD Subdivision Phasing Plan Exhibit 9: Preliminary Plan Amendment Reso (Resolution No. 2016-35) Exhibit 10: Recorded Final Plat- Filing 1 Exhibit 11: Recorded Final Plat - Filing 2 Exhibit 12: CE Phases & Subdivision Filings Boundary Map Exhibit 13: 2019 Conservation Parcel Legal Description Exhibit Exhibit 14: ROW Site Plan Exhibit 15: ROW Vacation Plat - CR 114 (1926 ROW - Partial) Exhibit 16: Temporary Access, Utility, Drainage & ROW Easement Vacation Exhibit Exhibit 17: ROW Vacation Exhibit - Filing 1 Exhibit 18: ROW Vacation Exhibit - Filing 2 Exhibit 19: ROW Easement Vacation Exhibit - CR 119 (Spring Valley Road) Exhibit 20: ROW Easement Dedication Exhibit - CR 119 (Kindall Road) Exhibit 21: 1926 ROW Deed Exhibit 22: Proposed Subdivision Vacation Plat (3 Sheets) Exhibit 23: Holy Cross Electric Easement Documents Exhibit 24: Fire District Letter Exhibit 25: 20'-Wide Holy Cross Electric Easement Vacation Drawing Exhibit 26: AVLT Letter 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • E: tim@tgmalloy.com Lake Springs Ranch Subdivision Plat Vacation, ROW Vacation and L&E Application August 18, 2020 5 DESCRIPTION OF REQUEST/BACKGROUND This application is being submitted on behalf of The Berkeley Family, LLLP (Applicant). The Applicant owns 459.4 acres of land referred to as the Lake Springs Ranch PUD Subdivision. Proof of ownership for the property is provided in Exhibit 4. The Lake Springs Ranch property is located approximately 3.5 miles southeast of Glenwood Springs along County Road 114 as shown in the attached Vicinity Map (Exhibit 7). Lake Springs Ranch is divided by CR 114 with approximately 255 acres located west of CR 114 and the remainder of the property located on the east side of the County Road. The east side of the Ranch is predominantly undeveloped shrub and grasslands with a pond and a single small cabin. The west side of the Ranch contains the Applicants' residence and the sod fields, structures and facilities associated with the Rivendell Distribution & Sod Farm, which has been in operation on the property since 1989. The final plat and right-of-way vacations, which are the subject of this application, are located on the west side of CR 1 14. There are also several ranch roads, which are used in the sod farm operation, as well as Kindall Road/CR 119 which traverses the west side of the Ranch from CR 114 to the northwest corner of the property. Kindall Road is a narrow dirt road which is relatively flat for most of its length through the Ranch. However, the segment between CR 114 and the point where the road turns north is a rugged two -track which is narrow and rutted. The Lake Springs Ranch Subdivision has received preliminary plan approvals for single-family lots, multi -family units and open space, divided into six phases or filings as depicted on the approved Phasing Plan (Exhibit 8). The resolution granting the most recent preliminary plan amendments (Resolution No. 2016-35) is included as Exhibit 9. This resolution represents the current and complete preliminary plan approvals and conditions and supersedes all prior preliminary plan resolutions, excepting that the attachments to the prior preliminary plan amendment resolution (Resolution No. 2012-80) remain pertinent and are included, by reference, in Resolution No. 2016-35. The Applicants have been granted final plat approval for two of the six filings (Filings 1 and 2) shown on the Phasing Plan. Both final plat filings are located on the west side of CR 114. Filing 1 was approved in November of 2004 and contains 118.5 acres. This filing included 20 lots and a large tact (94.34-acres) referred to as the Agricultural Reserve. The Agricultural Reserve included most, though not all, of the sod fields. The remainder of the sod fields and the operations area, including all the buildings, are located within Filing 2. Filing 1 also included right of way for the short road segments that provided access to the lots, as well as a 60-foot wide public roadway easement for the future realignment of CR 119, referred to as Spring 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • E: tim@tgmalloy.com Lake Springs Ranch Subdivision Plat Vacation, ROW Vacation and L&E Application August 18, 2020 6 Valley Road on the Filing 1 final plat drawings. The recorded final plat drawings for Filing 1 are included as Exhibit 10. After the Filing 1 final plat was recorded, and over the years between 2004 and 2009, the Applicants entered into several conservation easements with the Aspen Valley Land Trust (AVLT), which encumbered approximately 168.9 acres of land on the west side of CR 1 14. This included most of the land within Filing 1, as well as land outside of Filing 1. After 2009, the Applicants pursued two rounds of amendments to the preliminary plan approvals to address issues with the prior preliminary plan that had been originally approved in 1979. The most recent of these amendments were granted in April of 2016, after which, the Applicants prepared the Filing 2 final plat application, which was submitted for review in April of 2018. Filing 2, which was approved in June of 2018, contained 14 lots and associated right-of-way, as shown on the recorded final plat drawings provided in Exhibit 11. This filing also included all of the land that had been encumbered by conservation easements over the years but for which no final plat had been previously recorded. This area is referred to as the "Conserved Parcel" on Exhibit 11 and contains 76.2 acres. The relationship between the conservation easement phases and the lands included within Filing 1 and 2 are depicted on the map included as Exhibit 12. The total area of Filing 2 is 93.99 acres. The final plat drawings and related documents for Filing 2 were finalized and recorded in September of 2019. Shortly thereafter, the Applicants entered into a conservation easement with AVLT for the remainder of the Ranch located on the west side of CR 1 14, including all of the land within Filing 2 and the remaining land within Filing 1 that had not been previously conserved. Exhibit 13, which is taken from the 2019 Deed of Conservation Easement, shows the land included in the 2019 conservation donation. As a result of the conservation easement, none of the lots nor any utility, roadway or any other improvement associated with the subdivision has ever been constructed. During the review of the Filing 2 final plat, the County requested that a provision be added to the Subdivision Improvements Agreement (SIA) addressing the need to vacate the final plats for Filings 1 and 2 in the event that any portion of the land within Filing 2 were to be included in a conservation easement. This provision is contained in Paragraph 11 of the recorded SIA, an excerpt of the pertinent text is provided below. 11. CONSERVATION EASEMENTS. Even though not required by any condition of approval of this land use application, the PUD or the Preliminary or Final Plat, if a conservation easement is granted and conveyed by Owner and 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • E: tim@tgmalloy.com Lake Springs Ranch Subdivision Plat Vacation, ROW Vacation and L&E Application August 18, 2020 7 accepted by a qualified holder thereof on any portion of the area included in the Filing 2 Final Plat, which has not already been included in a prior deed of conservation easement, all physical subdivision Improvements required for such portion will be suspended and any security to guarantee completion of such Improvements shall be released, except for the prohibition on sale of lots as described herein, for so long as the conservation easement remains in place. However, the County will not release the security required for completion of the improvements until the Final Plats for both Filing 1 and Filing 2 are vacated. Upon the grant of such a conservation easement and vacation of the Filing 1 and Filing 2 Final Plats, the Board agrees to acknowledge the grant of such conservation easement and by further instrument acknowledge the suspension of physical subdivision improvements and fully release the security required by this Agreement. Pursuant to this requirement, and in pursuit of the release of the financial security tendered by the Applicants at the time of recording of the Filing 2 final plat, the Applicants are seeking to vacate the final plats for both Filings 1 and 2 and all related right-of-way as described in the drawings attached to this application. As mentioned previously, this application includes the vacation of public rights -of - way established with Filings 1 and 2 of the Lake Springs Ranch subdivision as well as the dedication of a substitute right-of-way for the future realignment of CR 1 19. In addition, the Applicants are seeking to vacate a segment of CR 114 right-of-way that was conveyed to the County in 1926. Exhibit 14 is a site plan that shows the various rights -of -way involved in this application. This drawing is intended to provide a graphic depiction of the subject rights -of -way for clarity. The following list provides an overview of the right-of-way vacation and right-of- way dedications being sought with this application. The list includes a reference to the color of the crosshatch symbol for the corresponding right-of-way on the ROW Site Plan (Exhibit 14) and a reference to the drawing exhibit, which provides the detailed information for that right-of-way action. The list number of each item below is also provided near the label associated with the corresponding right-of- way segment on the ROW Site Plan for convenience. We would note that there are two right-of-way alignments associated with the future CR 119 roadway, one of which is being vacated and another which is proposed to be dedicated to the public with this application. The one being vacated is referred to in this application as "Spring Valley Road/Future CR 1 19" since that was the common name of the roadway for which this right-of-way was dedicated with the Filing 1 final plat. The right-of-way proposed for dedication at this time is referred to as "Kindall 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • E: tim@tgmalloy.com Lake Springs Ranch Subdivision Plat Vacation, ROW Vacation and L&E Application August 18, 2020 8 Road/Future CR 1 19" since the proposed right-of-way closely follows the alignment of the existing Kindall Road for much of its length. 1. Vacation of the original 1926 CR 114 right-of-way (orange crosshatch, Exhibit 15). This is the 1926 right-of-way which still legally exists near the Berkeley property but does not reflect the actual location of the County Road. The existing 60-foot wide prescriptive right-of-way easement, centered on the surveyed location of County Road 1 14, will remain as the public right-of-way and is also depicted on the ROW Site Plan. 2. Vacation of the temporary access easement that connected the platted Spring Valley Road to County Road 114 (solid orange; Exhibit 16). This short right-of-way easement was established with the Filing 2 final plat process to bridge the gap between the Filing 2 boundary, which was based on the future 80-foot right-of-way for CR 114, and the existing 60-foot CR 114 prescriptive right-of-way easement. 3. Vacation of the public right-of-way created by Filing 1 of the Lake Springs Ranch Subdivision (magenta hex hatch, Exhibit 17). 4. Vacation of the public right-of-way created by Filing 2 of the Lake Springs Ranch Subdivision (magenta hex hatch, Exhibit 18). 5. Vacation of the public right-of-way easement for Spring Valley Road/Future CR 119 that was reflected on the Filing 1 Final Plat of the Lake Springs Ranch Subdivision (blue crosshatch, Exhibit 19). This easement was intended to accommodate the future replacement of the existing Kindall Road with a new and improved CR 119 based on the original Lake Springs Ranch PUD Subdivision lot design. 6. Replacement right-of-way easement for the Kindall Road/Future CR 1 19. This easement is a substitute for the right-of-way easement described in item five above and will accommodate the future relocation of the existing Kindall Road into a vertical and horizontal road alignment that meets Garfield County Roadway Standards (Red crosshatch, Exhibit 20). The Garfield County Road and Bridge Department has reviewed this alignment and agreed that it would be suitable for its future purpose. Note: The prescriptive easement for the existing Kindall Road alignment (green crosshatch on the ROW Site Plan) would remain until the new CR 119 roadway was constructed within this replacement right-of-way. Once the new CR 119 roadway was completed, vacation of the existing prescriptive right-of-way would have to be sought from the County through the appropriate process in place at that time. As identified in the list above, the Applicants are seeking to vacate a segment of right-of-way that was conveyed to the County via a 1926 deed. A copy of the 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • E: tim@tgmalloy.com Lake Springs Ranch Subdivision Plat Vacation, ROW Vacation and L&E Application August 18, 2020 9 deed is included as Exhibit 21. The deed references survey field notes that describe the centerline of the then in -place roadway, which is currently referred to as CR 1 14. After discovering the deed in 2019, the Applicant's surveyors researched and found the field notes in the County records and plotted the described easement based on that centerline. The resulting easement configuration is depicted on Exhibit 15 and is also shown on the ROW Site Plan. The reasons the Applicants are seeking to vacate this right-of-way segment are listed below. • The 1926 right-of-way is a partial segment which terminates at the current intersection of CR 114 and Kindall Road. This likely reflects the end of the in - place county road at that time. • The centerline, as described in the field notes, no longer reflects the centerline of the existing in -place roadway and diverges from the current roadway alignment significantly in some areas. • There is a long-established 60-foot prescriptive easement which follows the centerline of the current in -place CR 1 14 alignment. As a result, the 1926 right-of-way is no longer needed. • In the area where the 1926 right-of-way diverges most significantly from the existing CR 114 alignment (just south of the Lake Springs Ranch pond), the County has granted the Applicants preliminary plan approval to relocate CR 114 in order to soften the horizontal and vertical curves of the roadway near the pond. The preliminary design for this realignment moves the roadway slightly to the west, further away from the 1926 alignment than the current CR 114 roadway. This preliminary design was reviewed and accepted by the County Road and Bridge Department during the 2012 preliminary plan amendment process. The drawing below depicts the future 80-foot right-of- way approved with the 2012 preliminary plan, as well as the existing 60-foot prescriptive easement and the 1926 ROW. As shown on this drawing, the existing topography in the area where the 1926 ROW diverges from the existing CR 114 alignment, slopes up significantly to the east and includes a draw. To provide a sense of the difference in elevation; at the point where the 1926 ROW centerline has diverged from the existing CR 114 roadway centerline by 258 feet (see dimension on the drawing below), the elevation of the terrain along the 1926 ROW is roughly 30 feet higher than the existing CR 114 roadway surface. At the point where the two rights -of -way have diverged by 305 feet, the elevation difference is more than 55 feet. • In the area adjacent to the Lake Springs Ranch pond, the 1926 ROW is slightly further east of the exiting CR 114 roadway alignment, enough that a roadway constructed within this right-of-way would encroach into the pond, requiring reconstruction of the pond embankment and substantial regrading. 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • E: tim@tgmalloy.com Lake Springs Ranch Subdivision Plat Vacation, ROW Vacation and L&E Application August 18, 2020 10 • The 1926 right-of-way alignment goes through portions of Lots 1 and 2 of Filing 3 of the Lake Springs Ranch PUD Subdivision, making these lots undevelopable and requiring a significant redesign of the subdivision layout in this area. • Leaving this defunct segment of right-of-way in place clouds the title of any portion of the Applicants' property encroached upon by the right-of-way. 1926 Right -of -Way Alignment t� RING ALLCY F20AD - _-- _ V4r .60'FUTURE COUNTY ROAD I I9�� R.O.W. 60' R.O.W. EASEMENT FOR COUNTY ROAD I14 CENTERED ON THE EXISTING PAVED ROAD TEMP6•' E'-GENCY ACC . UTILI AND RI. HIT -OF -WAY EASEMENT AEC ' ION NO. 922979 PTIONS 54. 56 258' 1 ; i' \-GARFIELD COUNTY/ ROAD 114-1926 / J 60' A.O.1N TO BE VACATE>i.� Source: High Country Engineering While preparing this application, the centerline of the existing in -place CR 114 roadway was surveyed. The surveyed location of the existing 60-foot easement is reflected in the applicable drawings attached to this application. These drawings, which would be recorded at the conclusion of the review of this application, will provide a permanent record of the current location and status of the 60-foot easement for future reference. The exhibits/drawings identified in the numbered list above were designed assuming a specific sequence for actions on the land use approvals requested in this application as well as recordation of the drawings and resolutions with County 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • E: tim@tgmalloy.com Lake Springs Ranch Subdivision Plat Vacation, ROW Vacation and L&E Application August 18, 2020 11 Clerk and Recorder's Office. The assumed sequence, which was discussed with the County staff during the preparation of this application, would have the County grant the requested right-of-way vacations first, acceptance of the proposed replacement right-of-way easement for CR 1 19/Kindall Road would be second, and vacation of the Filing 1 and 2 final plats would be last. Under this sequence, Sheet 3 of the Subdivision Vacation Plat (Exhibit 22) will depict the final configuration of the property parcels with all vacated lots, easements and rights -of - way eliminated and the right-of-way easements for CR 1 19/Kindall Road, both existing and future, shown as remaining. During recordation, this same sequence would be followed allowing the reception numbers for the right-of-way vacations and dedications to be filled in on Sheets 2 and 3 of the Subdivision Vacation Plat prior to them being recorded. Sheet 3 of the Subdivision Vacation Plat shows the Ranch as being comprised of two parcels. One of these parcels is the 35-acre tract that contains the Berkeley's existing home and is referred to as the "House Tract" on Sheet 3. The other is referred to as the "Remainder Tract", since is contains the remainder of the Lake Springs Ranch Property. This reflects the parcel configuration that would exist if Filings 1 and 2 of the Lake Springs Ranch Subdivision had never been approved and is based on title research conducted by Land Title Guarantee and legal descriptions analyzed by High County Engineering. SUBMISSION REQUIREMENTS The following are lists of the submission requirements for the requested Location & Extents, Vacation of Public Right -of -Way and Subdivision Final Plat Vacation reviews. The first list identifies the submission requirements that are common to all three of the required land use applications. The other three lists contain the submission requirements specific to each of the three applications. To eliminate duplication and reduce paper waste, we have provided only one copy of the referenced exhibits. Submission Requirements Common to All Applications (Section 4-203(B) and (D)) 1) Land Use Application Form...Exhibit 1 2) Pre -application Conference Summary...Exhibit 2 3) Statements of Authority and Letter of Authorization...Exhibit 3a and 3b 4) Ownership Documentation and Title Commitment...Exhibit 4a and 4b 5) Fee Payment and Payment Agreement Form...Exhibit 5, Check for fee provided at submission 6) List of Adjacent Property & Mineral Rights Owners...Exhibit 6 (see Note 1 below) 7) Vicinity Map...Exhibit 7 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • E: tim@tgmalloy.com Lake Springs Ranch Subdivision Plat Vacation, ROW Vacation and L&E Application August 18, 2020 8) Site Plan...Exhibit 8 (see Note 2 below) 12 Location and Extents Review (Section 4-203 (B) and (D)) 1) Narrative Description of Proposal...Pages 7 - 11 of application narrative 2) Statement addressing compliance w/review criteria in Section 4-1 1 1 (c)... See Review Criteria - Location and Extents Review Section. Vacation of a Public Right -of -Way (Section 4-302, 4-108C(C)) 1) Description of Current Conditions...See Description of Request/Background 2) Utility Company Letters...Exhibit 23 3) Fire District Letter...Exhibit 24 4) Statement of Established County Road... Page 20 of application narrative 5) Opinion Re: Basis for Public Interest in ROW...Page 21 of application narrative 6) Statement Re: Access to Public Lands... Page 17 of application narrative 7) Right -of -Way Dedication Agreement...Exhibit 20, Sheet 1 8) Statement addressing compliance w/review criteria in Section 4-108(C)... Page 17 of application narrative Subdivision Final Plat Vacation (Section 5-307, 5-402(J)) 1) Narrative Description of Proposal... Pages 7 - 11 of application narrative 2) Proposed Subdivision Vacation Plat...Exhibit 22 3) Copy of Recorded Subdivision Plat(s) and Resolution Approving Subdivision Preliminary Plan...Exhibit 10 (Filing 1 Final Plat), Exhibit 11(Filing 2 Final Plat), and Exhibit 9 (Resolution Approving Preliminary Plan Amendments) 4) Description of the current condition of the subdivision... Pages 5 and 6 of application narrative 5) Statement addressing required review criteria in Section 5-307(C)... Page 22 application narrative Note 1: Adjacent Property Owners: The Applicants have elected to provide a single list of adjacent property owners which is based on the requirements for vacating a subdivision final plat and location and extents review, both of which require written notice to be provided to all property owners within a 200-foot radius of the subject property (per Sections 4-101(E) and 4-203(B) (3) (a)). Since the provision for written notice for vacation of County road or public right-of- way only requires properties adjacent to the portion of the right-of-way proposed for vacation (per Section 4-302(A) (8)), the broader notice for subdivision vacation and location and extents review would also satisfy the requirement for the right-of-way vacation process. In addition, the list of adjacent property owners provide in Exhibit 6 includes all property owners within 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • E: tim@tgmalloy.com Lake Springs Ranch Subdivision Plat Vacation, ROW Vacation and L&E Application August 18, 2020 13 200 feet of the entire Ranch property not just for the land included in Filings 1 and 2. As a result, the applicants have over noticed in an effort to inform their neighbors of the proposed subdivision final plat vacation and right-of-way vacation actions. The BLM is the sole mineral rights owner for the subject property. Note 2: Site Plan Contents: Section 4-203(D) of the Garfield County Land Use and Development Code (LUDC) identifies the required scale and contents for site plans for most, if not all, land use application types. This list contains many requirements related to the location and configuration of proposed buildings, roads and other improvements; existing and proposed easements; total square footage of existing buildings, driveways and parking areas; proposed grading; existing and proposed utilities; location and size of wells; and other information which is appropriate for projects where development is contemplated. Since this application deals only with subdivision final plat and public right-of-way vacations and does not involve the development of any structures, roads, utilities or any other improvements, the Site Plan provide in Exhibit 14 has been simplified to contain only the information pertinent to the requested right-of-way vacations. REVIEW CRITERIA - LOCATION AND EXTENTS REVIEW (Section 4-111(C)) Compliance with the Applicable County Master Plan Response: Location and Extents Review is required for both the requested public rights -of -way vacation and the proposed dedication of the new public right-of-way easement for the future alignment of CR 1 19/Kindall Road. The only criteria for location and extents review under Section 4-1 1 1(C) of the Garfield County LUDC is general compliance with the Garfield County Comprehensive Plan 2030 (Comp Plan). The Lake Springs Ranch PUD Subdivision was found to be in general conformance with the Garfield County Comprehensive Plan 2030 during the review of the most recent preliminary plan amendment application in April of 2016, as indicated in Recital 1(4) of BOCC Resolution No. 2016-35 (Exhibit 9). The requested public rights -of -way vacation and proposed dedication of replacement right-of- way for Kindall Road/Future CR 119 do not alter the subdivision in any way that would diminish its compliance with the Comp Plan. Access through the ranch will continue to be provided by the existing Kindall Road prescriptive easement. Should lands in the area served by CR 119 be developed for more intensive use than the existing agricultural and rural residential uses, the proposed replacement right-of-way will provide for the construction of a roadway meeting County standards. The only change with respect to public roadway access associated with this application, is that access through Lake Springs Ranch will be provided 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • E: tim@tgmalloy.com Lake Springs Ranch Subdivision Plat Vacation, ROW Vacation and L&E Application August 18, 2020 14 along a different alignment. Compliance with the applicable goals and policies in the Comp Plan are addressed in the following paragraphs. Chapter 2 - Future Land Use The Future Land Use Chapter of the Comp Plan establishes the broad land uses and density (number of units/acre) for future development within the County. This application is not seeking approvals for development, but rather the vacation of unused and defunct right-of-way and the dedication of substitute right-of-way. In addition, right-of-way which serves the same purpose as the right-of-way being vacated either exists or is proposed to be dedicated with this application. Given these factors, the Future Land Use chapter of the Comp Plan provides little guidance relative to the review of the land use actions requested in this application. The Future Land Use Map (FLUM) in the Comp Plan shows most of the Lake Springs Ranch designated as Residential Low -Density (10+ Acres/DU). There is small area on the east side of CR 114 which is designated as Residential Medium -Density (6 to <10 Acres/DU). The FLUM also shows the land which had been conserved as of approximately 2007 as Conservation Easement. As described in this application, the proposed rights -of -way vacation, and replacement right-of-way dedication, are part of a broader action that includes the vacation of Filings 1 and 2 of the subdivision. The subdivision vacation is being done to reflect the fact that the entire area west of CR 114 has been placed under a conservation easement and is no longer intended to be developed for higher -density residential use. The subdivision vacation will result in the west side of the Ranch being more compliant with the Conservation Easement designation on the FLUM, since more of the ranch has been conserved and vacating the final plat filings supports the long-term conservation of this land. Chapter 3 - Plan Elements The following paragraphs address compliance with specific applicable goals and policies contained in the Plan Elements Chapter of the Comp Plan. Actual text from the Comp Plan is highlighted in bold and italics. Section 1 - Urban Growth Areas and Intergovernmental Coordination Goal 4: Retain rural character outside of UGA limits. Response: Lake Springs Ranch is located in a somewhat remote area of the County and not within any UGA. All of the property in the area of the proposed right-of-way dedication and replacement right-of-way dedication has been conserved. As a result, the right-of-way being vacated is either no longer 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • E: tim@tgmalloy.com Lake Springs Ranch Subdivision Plat Vacation, ROW Vacation and L&E Application August 18, 2020 needed or replacement right is proposed which will provides comparable access for lands located in the surrounding area. 15 Section 3 - Transportation Policy 4: County road extensions will be prioritized based on the following criteria: • Logical extension of existing roadway. • Presence of existing land uses adjacent to the project. • Consistent with future land uses based on the comprehensive plan and the county zoning regulations. Response: While no road extension is proposed at this time, it's important to consider whether the proposed rights -of -way vacation would have any impact on the County's ability to extend the roadway system in the future, as the need arises. This policy primarily relates to the vacation of the future Spring Valley Road/CR 119 right-of-way easement that was established with the Filing 1 final plat, since that future roadway will serve development that may occur along CR 119 to the northwest of Lake Springs Ranch. As described in this application, the Applicants are proposing to dedicate an alternate right-of-way to serve the land along CR 119 to the northwest of Lake Springs Ranch. The proposed alternate right of way has been designed to meet the same County road standards required for the design of the right-of-way being vacated. In addition, the existing Kindall Road prescriptive easement will remain in place until a new road is constructed within the proposed alternative right-of-way. This will provide uninterrupted access through Lake Springs Ranch for current and potential future uses. Since there are very few developed properties along CR 119 in this area, the existing roadway system provides adequate vehicular access for the current use. The current Comp Plan designates the land along CR 119 for low -density residential use (10 + Acres/DU) on the northeast side of the road and medium - density residential use (6 to <10 Acres/DU) along the southwest side of the road. At these densities, very little additional development would be expected along CR 119 from Lake Springs Ranch to the intersection with CR 1 15/Red Canyon Road. Part of the reason for this that the land along the southwest side of this stretch of CR 119 is steeply sloped. As a result, the developable land in this area is accessed from above via Heather Lane and not from CR 1 19. Another contributing factor is that much of the land along the northeast side of the road is a single parcel which is part of the Spring Valley Ranch property. Spring Valley Ranch has been granted preliminary plan approval for a significant number of residential lots but nearly all of these lots are proposed to be located on the northeast side of CR 115 and would be accessed from CR 115. All of the land 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • E: tim@tgmalloy.com Lake Springs Ranch Subdivision Plat Vacation, ROW Vacation and L&E Application August 18, 2020 16 within Spring Valley Ranch which is adjacent to CR 119 is designated as open space on the Spring Valley Ranch PUD Phasing Plan. Given these factors, and the fact that the Applicants are providing alternate right-of-way for the future improvement of Kindall Road/CR 1 19, the proposed subdivision and right-of-way vacations are consistent with this policy. Strategic Action 2: Focus infrastructure improvements (and road maintenance) in a cost effective pattern, in areas where growth is appropriate. Response: Due to conservation of the land on the west side of CR 1 14, including the entire area proposed for subdivision and right-of-way vacation, the development potential in this area has been significantly reduced. As a result, the need for infrastructure improvement and road maintenance is also reduced. Section 8 - Natural Resources Goals: 1. Ensure that natural, scenic, ecological, and critical wildlife habitat resources are protected and/or impacts mitigated. Response: The proposed subdivision and right-of-way vacations, together with the conservation easements that have been dedicated ensure that the long- term use of the west side of Lake Springs Ranch will remain in its current agriculture and open space use. The Deed of Conservation Easement (DOCE), which was executed in September of 2019, identifies the following ecological and open space characteristics which are protected by the conservation easement. "The property contains wetlands, riparian areas, and several other important habitat types that provide food, shelter, winter habitat, and migration routes for several wildlife species including elk, mule deer, black bear, turkey, bat, and bald eagles. The wetland and riparian areas are especially important to many bird species, including Canada Geese, Killdeer, Redwing blackbirds, and Mallard, American Wigeon, Cinnamon Teal, and Ring Neck Ducks. " "The property adds to the scenic character of the local rural landscape in which it lies, and provides a degree of openness, contrast and variety t the overall landscape. A large portion of the property is visually accessible to the general public from County Roads 114 and 119, which are open to and actively used by the residents of Garfield County and the State of Colorado, In particular, the property contains a scenic stream channel, ponds and wetlands, as well as the verdant irrigated fields of the sod farm and a sagebrush -dominated hillside, and provides spectacular views of Mt. Sopris. The terms of the easement do not permit a degree of intrusion or future 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • E: tim@tgmalloy.com Lake Springs Ranch Subdivision Plat Vacation, ROW Vacation and L&E Application August 18, 2020 development that would interfere with the essential scenic quality of the land. 1f 17 REVIEW CRITERIA - VACATION OF PUBLIC RIGHT-OF-WAY (Section 4-108(C)) The following paragraphs address compliance with the review criteria for the vacation of a public right-of-way as identified in Section 4-108(C) of the LUDC. These criteria apply to the review of the five right-of-way segments proposed to be vacated but not the proposed dedication of the replacement right-of-way for CR 1 19/Kindall Road. The actual text from the LUDC is highlighted in bold and italics below. 1. The subject County road or public right-of-way does not provide any access to public lands (for the purpose of this subsection, public land shall mean any property owned by the Federal government or the State of Colorado). 2. The subject County road or public right-of-way does not abut or connect to any property, including any easement owned by the Federal government, State of Colorado, municipality, County, or special district, where such property or easement constitutes a public park, recreational area, or trail. 3. The subject County road or public road right-of-way is not currently used nor will it be used in the future for any County road or public right-of-way purpose unless the BOCC makes a specific finding that a satisfactory alternative route for the existing or future County road or public right of way purpose is available or will be provided. Response: None of the rights -of -way proposed for vacation in this application provide access to lands owned either by the State of Colorado or the United States. The map below shows the Federally -owned lands in the vicinity of Lake Springs Ranch (three mile radius). The nearest Federally -owned lands are held by the Bureau of Land Management and are located more than half a mile to the east. Other than highway right-of-way, there are no State-owned lands in the surrounding area. The rights -of -way proposed to be vacated with this application are either short segments which terminate on or near Lake Springs Ranch or there are substitute rights -of -way that will continue to provide uninterrupted access to the surrounding lands regardless of the proposed right-of-way vacation. There are five right-of-way segments which the Applicants are seeking to vacate with this application. Only one of these abuts an adjoining property which is not owned by the Applicants. All of the other segments are either entirely contained within Lake Springs Ranch or only abut another county road at an intersection. The right-of-way segment that abuts an adjoining property is the Spring Valley Road/Future CR 119 right-of-way easement that was established 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • E: tim@tgmalloy.com Lake Springs Ranch Lake Springs Ranch Subdivision Plat Vacation, ROW Vacation and L&E Application August 18, 2020 18 with the Filing 1 final plat (blue crosshatch on the ROW Site Plan). A portion of this right-of-way runs along the property boundary between Lake Springs Ranch and Springs Valley Ranch to the north. However, the segment which abuts Spring Valley Ranch is shared with the existing Kindall Road prescriptive easement, which is proposed to remain, and the proposed replacement right- of-way easement for Kindall Road/Future CR 1 19. As a result, the proposed right-of-way vacation will not result in a situation where access to the adjoining property is interrupted. None of the right-of-way segments to be vacated abuts, or connects to any public park, recreation area or trail. There are no such facilities in the surrounding area, to the Applicants' knowledge, none are planned. Public Lands Map Ma 1103011 .im 011 rag rowaNtonettr w1„r 1 Fi IF: �a� 1 alistasem trt A M*11111961111 vailUAim Four of the five right-of-way segments proposed for vacation have never been developed and no roadway exists within the right-of-way. As a result, none of 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • E: tim@tgmalloy.com Lake Springs Ranch Subdivision Plat Vacation, ROW Vacation and L&E Application August 18, 2020 19 these segments has ever been used for any County road or public right-of-way purpose. Since the entire western portion of the Ranch has been conserved and the final plats for Filings 1 and 2 are proposed to be vacated, none of these right-of-way segments will be needed in the future. In addition, the Applicants are proposing to dedicate an alternate right-of-way easement to replace the Spring Valley Road/Future CR 119 right-of-way established with Filing 1. The proposed alignment has been designed to accommodate County roadway standards and has been preliminarily reviewed by the County Road and Bridge Department. The fifth segment (1926 ROW) overlaps the existing 60-foot prescriptive easement that contains the current CR 114 roadway from its intersection with Kindall Road to the southern boundary of Lake Springs Ranch. While there is a roadway within most of this right-of-way alignment, there is an existing alternate prescriptive right-of-way easement the location of which has been defined based on the surveyed in -place location of the existing CR 114 roadway. The prescriptive right-of-way easement is the same width as the 1926 right-of-way and provides a superior alternative for the existing and future public right-of-way purpose associated with CR 114. It should be noted that the preliminary plan approvals for both Lake Springs Ranch and Spring Valley Ranch require the dedication of an 80-foot-wide right-of-way for CR 114 to accommodate the potential increase in traffic associated with the development of these projects. Except for the segment near the Lake Springs Ranch pond, which is intended to be realigned per the preliminary plan approvals for Lake Springs Ranch, the future 80-foot right-of-way would be based on the surveyed centerline of the existing CR 114 roadway. The 1926 right-of-way alignment differs significantly from the surveyed location of the existing CR 114 roadway, as described previously in this application. OTHER CRITERIA FROM SECTION 4-302(A) 3-302(A)(2) - A description of the current condition of the road or right-of-way, a Traffic Analysis of current uses, a description of any gates placed upon the road or right-of-way, a description of the current and historic uses of the roadway, and the position of the Applicant concerning continued use of the roadway for non -motorized public use. Response: A description of the current condition of the subject rights -of -way has been provided previously in this application and is depicted on the ROW Site Plan and the other exhibits and drawings provided herein. Since there is no public use associated with any of the rights -of -way proposed for vacation, and since there is no existing or future traffic associated with any of the rights -of -way, no traffic analysis has been provided. Further, there is currently no roadway, nor 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • E: tim@tgmalloy.com Lake Springs Ranch Subdivision Plat Vacation, ROW Vacation and L&E Application August 18, 2020 20 has there ever been a roadway, within any of the subject rights -of -way, except for the 1926 ROW, for which there is a superior alternative right-of-way in the form of the existing 60-foot prescriptive easement. As a result, no gates exist and non would ever be constructed if these rights -of -way are vacated, as proposed. The current and historic use of the land adjacent to the subject rights -of -way is open space and agriculture, specifically, the Rivendell Distribution & Sod Farm, which has been in operation since 1989. Regarding the Applicants' position with respect to allowing non -motorized public use of the roadway(s), this is made moot by the fact that there are no existing roadways within the subject rights -of -way. In addition, the subject rights - of -way would be inappropriate for non -motorized public use since three of them are located in the middle of the sod farm fields and operations area and the other two are located along or within the existing CR 114 right-of-way. Further, it would be of no benefit to the public to allow non -motorized public use since the subject right-of-way do not connect to any other public land or trail. 3-302(A)(3) - A letter from any involved utility company stating the company's position on the proposed vacation. Response: The are no existing utilities which are located within any of the rights -of - way proposed for vacation. The only existing utilities located within the area covered by Filings 1 and 2, other than the service lines which serve the buildings associated with the sod farm operation, are a Holy Cross electric line and the Spring Valley Sanitation District sanitary sewer main and effluent outfall line. There are separate dedicated easements for these utilities, none of which are located within any of the right-of-way segments proposed for vacation in this application. The proposed Subdivision Vacation Plat identifies the easements for these utilities as remaining. Special circumstances associated with the Holy Cross electric easement are described in the next section of this application which addressed the review criteria for vacation of a subdivision final plat. 3-302(A)(4) - A letter from any affected fire district stating that district's position on the need for maintaining the right-of-way for emergency use. Response: A letter from the Carbondale and Rural Fire Protection District is provided as Exhibit 24. 3-302(A)(5) - A statement indicating whether the proposed vacation has ever been established as a County road. Response: While this issue has been mentioned previously, four of the rights -of -way proposed for vacation have never been established as a County road. The fifth 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • E: tim@tgmalloy.com Lake Springs Ranch Subdivision Plat Vacation, ROW Vacation and L&E Application August 18, 2020 21 right-of-way, the 1926 ROW, may have been established as a County road at some point in the past, though it seems unlikely that the segment south of the Lake Springs Ranch pond was ever used for roadway purposes. However, this right-of- way no longer corresponds to the current alignment of the CR 114 roadway and a prescriptive easement exists which is based on the surveyed alignment of the existing roadway centerline. 3-302(A)(6) - A title opinion from an attorney or title company stating the basis (deed, dedication, prescription, etc.) for the interest in the public or County. Response: The following is a list of the rights -of -way proposed for vacation and the basis for determining the public's interest in each. The numbering for this list corresponds to the numbers found on the ROW Site Plan (Exhibit 14). 1. 1926 CR 114 ROW: This right-of-way was conveyed to Garfield County for roadway purposes by a quit claim deed recorded at Reception #: 104496 (Exhibit 21). The alignment depicted on the ROW Site Plan and on Exhibit 15 was plotted based field notes referenced on the quit claim and found in the public record in the Garfield County Clerk and Recorder's Office. 2. Temporary Emergency Access, Utility, Drainage, and Right -of -Way Easement: This easement was dedicated to the public via the Filing 2 final plat, Sheet 1 of which includes a Certificate of Dedication and Ownership which states that "the owner does hereby dedicate and set apart all of the streets and roads as shown on the accompanying plat to the use of the public forever..." This easement is shown on Sheet 3 of the Filing 2 Final Plat (Exhibit 11). In addition, an easement deed, conveying the easement to Garfield County for public use for utility, drainage and access right-of-way purposes was recorded at Reception #: 922979. 3. Public right-of-way for Lake Springs Ranch Place and Lake Springs Ranch Drive: This right-of-way was dedicated to the public via the Filing 1 Final Plat, Sheet 1 of which includes a Certificate of Dedication and Ownership which states that "the owner does hereby dedicate and set apart all of the streets and roads as shown on the accompanying plat to the use of the public forever..." Sheets 2 and 3 of the Filing 1 Final Plat show these rights -of -way (Exhibit 10). 4. Public right-of-way Rivendell Court, Miriam Court, and the segment of Spring Valley Road located within Filing 2: This right-of-way was dedicated to the public via the Filing 2 final plat, Sheet 1 of which includes a Certificate of Dedication and Ownership which states that "the owner does hereby dedicate and set apart all of the streets and roads as shown on the accompanying plat to the use of the public forever..." This right-of-way is shown on Sheet 3 of the Filing 2 final plat (Exhibit 11). 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • E: tim@tgmalloy.com Lake Springs Ranch Subdivision Plat Vacation, ROW Vacation and L&E Application August 18, 2020 22 5. Public right-of-way for Spring Valley Road/Future CR 119: This right-of-way was dedicated to the public via the Filing 1 Final Plat of the Lake Springs Ranch Subdivision, Sheet 1 of which includes a Certificate of Dedication and Ownership which states that "the owner does hereby dedicate and set apart all of the streets and roads as shown on the accompanying plat to the use of the public forever..." This right-of-way is depicted on Sheets 2, 3 and 4 of the Filing 1 Final Plat (Exhibit 10). REVIEW CRITERIA - VACATION OF SUBDIVISION FINAL PLAT (Section 5-307(C)) The following paragraphs address compliance with the review criteria for the vacation of a subdivision final plat as identified in Section 5-307(C) of the LUDC. The actual text from the LUDC is highlighted in bold and italics. 1. A title commitment no more than 30 days old as of the date of application shows that the Applicant owns all the lots to be vacated, and there are no lawsuits pending challenging such ownership. 2. All property owners in the subdivision have provided written consent agreeing to the vacation. 3. If the final plat includes easements dedicated for utility, private access or other similar purposes, the BOCC may not approve the plat vacation until the applicant has obtained in a writing (sic) to be approved by the County Attorney's Office, a release from the owner or beneficiary of the easement authorizing the vacation of such easement. 4. Vacation of all or a part of the final subdivision plat for the subdivision will promote the health, safety and general welfare of the County. 5. If the parcel that results from a vacation or partial vacation will be less than 35 acres in size, it shall comply with the criteria for a Minor Subdivision as set forth in section 5-301.C. Response: A title commitment and ownership deeds are provided in Exhibit 4. The Berkeley Family Limited Liability Limited Partnership (LLLP) is the sole owner of the land associated with Filings 1 and 2 and they have signed the land use application form (Exhibit 1) and the letter of authorization (Exhibit 3b) consenting to the processing of this subdivision final plat vacation application. The final plats for Filings 1 and 2 did include easements for utility and access purposes. Where necessary, these easements have been retained and are depicted on the proposed Subdivision Vacation Plat drawings (Exhibit 22). Among the easements to be retained are the sanitary sewer main and effluent sewer line easements granted to the Spring Valley Sanitation District. There are 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • E: tim@tgmalloy.com Lake Springs Ranch Subdivision Plat Vacation, ROW Vacation and L&E Application August 18, 2020 23 also electric line easements granted to Holy Cross which will remain. A more detailed discussion of the Holy Cross Electric Easement is provided in the following paragraph. During the Filing 2 final plat process the Applicants made arrangements with Holy Cross to abandon a segment of the existing electric easement and to establish an alternate alignment for the easement. The appropriate documents for this relocation were executed between Holy Cross and the Applicants and recorded with the Filing 2 final plat at Reception #: 922977. The relocation was necessary because the existing electric easement ran through the building envelopes of three of the lots in Filing 2. Now that Filing 2 is being vacated, the Applicants have executed similar documents to abandon the alternate easement and reestablish the original easement, which is 30-feet either side of the existing in -place overhead powerline. Exhibit 23 includes the documents that memorialize the restoration of the easement along the existing powerline alignment and the vacation and abandonment of the 20-foot easement that was established for Filing 2. Exhibit 25 is a map that shows the 20-foot easement which is being vacated and the original easement being restored. Sheet 3 of the Subdivision Vacation Plat drawings reflects the final condition with the original easement alignment restored. The proposed subdivision vacation promotes the health, safety and general welfare of the County, since it reflects the reality that the property has been sterilized through conservation easements. This avoids any confusion in the future as to whether the now defunct lots are developable by clarifying the public record with formal documents vacating the subdivision final plats and the related right-of-way and other easements as proposed in this application. This is the reason why, during the Filing 2 final plat review process, the County requested that the Filing 1 and 2 final plats be vacated in the event any portion of the land in Filing 2 were to be encumbered by a conservation easement. The proposed subdivision vacation results in the property being comprised of two lots, both of which are greater than 35 acres, as depicted on Sheet 3 of the Subdivision Vacation Plat (Exhibit 22). AVLT CONSERVATION EASEMENT Though not an easement dedicated for utility, private access or other similar purposes, and thus not covered under the criteria in Section 5-307(C) (3), the area proposed for subdivision final plat vacation is encumbered by a conservation easement held by AVLT. The proposed subdivision final plat vacation action is entirely consistent with the purpose and intent of the conservation easement, as 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • E: tim@tgmalloy.com Lake Springs Ranch Subdivision Plat Vacation, ROW Vacation and L&E Application August 18, 2020 24 described in the DOCE. However, the is a provision in the DOCE (Section 7.2(D)) which requires AVLT to review and approve the substitute right-of-way alignment for CR 119. The language of Section 7.2(D) is provided below, and the pertinent text is underscored. "D. Roads and Access Easements. Existing paved roads on the Property shown on Exhibit B-1 may be maintained, graded and repaved to support vehicular access through the Property. Existing ranch roads on the Property shown on Exhibit B-1 may be maintained, graded and graveled to support agricultural use of the Property. Paving of new roads, except within the Activity Envelopes, is prohibited, and low - impact two -track dirt vehicle trails may be established and/or maintained on the Property as necessary for agriculture or property maintenance. The construction of new roads or granting of access easements or rights -of -way outside of the Activity Envelopes is prohibited, except as described in the following paragraph, and dirt or gravel roads may be constructed as necessary to access permitted agricultural and residential buildings serving the Property (and not other real estate outside the Property). Pursuant to approved subdivision plans, a new county road (Spring Valley Road) may be constructed through the Property within the right-of-way depicted on the approved Preliminary Plan for the Lake Springs Ranch Subdivision/PUD, which is attached to Garfield County Resolution No. 2016-35 (Reception No.: 876660). The Landowner may also negotiate and establish a substitute right-of- way alignment for Spring Valley Road with Garfield County. The new alignment would provide equivalent access and will be the same width as the alignment established on the Preliminary Plan. The new alignment will also intersect with CR 114 at the same location as depicted on the Preliminary Plan. Establishment of the substitute right-of-way will require approval by Garfield County. In the event a substitute right-of-way is established, the right-of-way depicted on the Final Plats for Filings 1 and 2 of the Lake Springs Ranch Subdivision/PUD will be vacated pursuant to Garfield County procedures and requirements." The Applicants provided AVLT with the drawings showing the proposed alternate alignment for CR 119, depicted in Exhibits 14 and 20 of this application, and received a letter approving the proposed alignment, which is included as Exhibit 26. SUMMARY The Applicants are requesting the following land use actions related to the Lake Springs Ranch PUD Subdivision: • Subdivision final plat vacation for Filings 1 and 2. 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • E: tim@tgmalloy.com Lake Springs Ranch Subdivision Plat Vacation, ROW Vacation and L&E Application August 18, 2020 25 • Right-of-way vacation and location & extent review for all roadways dedicated with Filing 1, including the future Spring Valley Road/CR 119 right- of-way, as well as the Lake Springs Ranch Drive and Lake Springs Ranch Place rights -of -way. • Right-of-way vacation and location & extent review for all roadways dedicated with Filing 2 including the short segment of the realigned future Spring Valley Road/CR 119 right-of-way, Rivendell Court and Miriam Court rights -of -way, and the Temporary Access Easement stub at the intersection of CR 114 and the Future Spring Valley Road/CR 119. • Right-of-way vacation and location & extent review for the 1926 right-of-way segment for CR 114. • Dedication of the replacement right-of-way for Kindall Road/Future CR 119. These land use actions are being requested in response to a mandate by the County, made during the Filing 2 final plat process, that the final plats for Filings 1 and 2 be vacated if any portion of the land within Filing 2 were to be included in a conservation easement. The entirety of Filing 2 was conserved in September of 2019. This application includes the submission materials and narrative text necessary to addresses the applicable standards and criteria of the LUDC, as requested by the Community Department staff in the Pre -application Conference Summary. As demonstrated in this document, the Applicants have met the criteria for vacation of a subdivision final plat as well as the criteria for vacation of a public right-of-way and location & extents review as provided for in the Garfield County Land Use and Development Code. As a result, the Applicants respectfully request approval for the above -listed land use actions. We look forward working with the County Staff, Planning Commission and Board of County Commissioners on the review of this application. 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • E: tim@tgmalloy.com EXHIBIT 1 LUCP Application Form Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.earfield-county.com LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION 1 • Administrative Review 0 Development in 100-Year Floodplain • Limited Impact Review • Development in 100-Year Floodplain Variance • Major Impact Review • Code Text Amendment • Amendments to an Approved LUCP CI LIR DMIR 0 SUP 0 Rezoning ❑ Zone District ❑ PUD ■ PUD Amendment • Minor Temporary Housing Facility 0 Administrative Interpretation Vacation of a County Road/Public ROW ■ Appeal of Administrative Interpretation Location and Extent Review • Areas and Activities of State Interest • Comprehensive Plan Amendment 0 Accommodation Pursuant to Fair Housing Act • Pipeline Development • Variance • Time Extension (also check type of original application) INVOLVED PARTIES Owner/Applicant Name: Berkeley Family, Phone: (970) LLLP 945-5432 4001 Count Road 114 Mailing Address: y City. Glenwood Springs State: CO Zip Code: 81601 me mexcomeca.or E-mail:ikidii � g Representative (Authorization Required) Name: Tim Malloy (TGMC.LLC) Phone: (970 )945-0832 Mailing Address: 402 Park Drive city: Glenwood Springs State: CO Zip Code: 81601 E-mail:tim@tgmalloy.com PROJECT NAME AND LOCATION Project Name: Lake Springs Ranch Final Plat Vacation, ROW Vacation and L&E Review ' Assessor's Parcel Number: List attached Physical/Street Address: 3961 County Road 114, Glenwood Springs, CO 81601 Legal Description: See attached proof of ownership documentation (Exhibit _) Zone District: PUD Property Size (acres): 212.486 (Filings 1 & 2) PROJECT DESCRIPTION Existing Use: Sod farm and landscape equipment/materials sales, open space. Proposed Use (From Use Table 3-403): Same as existing - Agriculture and landscape equipmentlmatenals sales, open space. Description of Project: Vacate final plats for Filings 1 and 2 of the Lake Springs Ranch PUD Subdivision, including the right-of-way easement for the future Spring Valley Road (CR 119), and dedicate an alternate right-of-way for CR 119. REQUEST FOR WAIVERS Submission Requirements 8 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: 4-302(A)(6) Section: Section: Section: Waiver of Standards ❑ The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. 741 Signature of Property Owner -2o Date OFFICIAL USE ONLY File Number: - Fee Paid: $ ASSESSOR PARCEL NUMBER LIST 218732109023 218733309022 218733310001 218733310002 218733310003 218733310004 218733310005 218733310006 218733310007 218733310008 218733310009 218733310010 218733310011 218733310012 218733310013 218733310014 218733310015 218733310016 Board of Adjustment Vacation of a County Road or Public Right of Way a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: X Planning Commission X Board of County Commissioners Board of Adjustment Location and Extent Review a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: Referral Agencies X Planning Commission Board of County Commissioners _ Board of Adjustment May include but are not limited to Garfield County Surveyor, Garfield County Road and Bridge Department, Garfield County Attorney's Office, Garfield County Consulting Engineer, Fire Protection District and appropriate utilities VI. APPLICATION REVIEW FEES Vacation of a Final Plat a. Planning Review Fees: $ 250.00 b. Referral Agency Fees: $ TBD — consulting engineer/civil engineer fees c. Total Deposit: $ 250.00 (additional hours are billed at $40.50/hour) Vacation of a County Road or Public Right of Way a. Planning Review Fees: $ 400.00 b. Referral Agency Fees: $ TBD — consulting engineer/civil engineer fees c. Total Deposit: $ 400.00 (additional hours are billed at $40.50 /hour) 6 Location and Extent Review a. Planning Review Fees: Staff time and materials b. Referral Agency Fees: $ TBD — consulting engineer/civil engineer fees c. Total Deposit: Staff time and materials VII. GENERAL APPLICATION PROCESSING The foregoing summary is advisory in nature only and is not binding an the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six-month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically for review by the public. Proprietary information can be redacted from documents prior to submittal. Pre -application Summary Prepared by: 4/24/20 Glenn Hartmann, Principal Planner Date Note: See attached Flow Charts for Roadway Vacation and Location and Extent. No flow chart is available for Final Plat Vacation. Please refer to the processing outline above. Approximately 5 months if submittal is complete re Garfield County Vacation of a County Road or Public Right of Way Review Process (Section 4-108 ) Step 1: Pre -application Conference * Applicant has 5 months to submit application * May be waived by the Director Step 2: Application Submittal Step 3: Completeness Review •20 business days to review •If incomplete, 60 days to remedy deficiencies Step 4: Schedule Hearing and Provide Notice •Poston an agenda at least 24 hours in advance of the Planning Commission public hearing. Step 5: Referral •21 day comment period Step 6: Evalution by Director Step 7: Planning Commission Review and Recommendation Step 8: Schedule Hearing and Provide Notice • Published and mailed to adjacent property owners within 200 feet and mineral owners at least 30 days but no more than 60 days prior to BOCC public hearing •Published notice shall include a statement that a resolution to vacate will be presented at the hearing Step 9: BOCC Decision • A decision must be made within 90 days of initial BOCC hearing 8 Approximately 1 month if submittal is complete laGarfield County Location and Extent Review Process (section 4-111) Step 1: Pre -application Conference • May be waived by Director •Applicant has 6 months to submit application Step 2: Application Submittal Step 3: Completeness Review • 10 business days to review • If incomplete, 60 days tc remedy deficiencies Step 4: Schedule Hearing Date and Provide Notice •Published, posted and mailed to adjacent property owners within 200 feet and mineral owners at least 7 days but no more than 30days prior to decision date Step 6: Evaiution by Director Step 7: Planning Commission Decision 9 EXHIBIT 2 Pre -application Conference Summary i 3iri s xri .r. S`r I, Y•s- , o.; :.r;ROB • IW IN r Garfield County Community Development Department 108 8t'' Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE -APPLICATION CONFERENCE SUMMARY DATE: 4/1/20, Updated 4/24/20 TAX PARCEL NUMBERS: 2187-3231-09-023; 2187-333-09-022; 2187-334-00-105; 2187-334-00-107 PROJECT: Lake Springs Ranch Filings 1 & 2, Final Plat Vacation & Associated County Road Vacation OWNER: Berkley Family LLLP REPRESENTATIVE: Tim Malloy, Planner PRACTICAL LOCATION: Southeast of Glenwood Springs, off County Roads 114 and 115 ZONING: Lake Springs Ranch PUD TYPE OF APPLICATION: Final Plat Vacation, County Road Vacation, and Location and Extent I. GENERAL PROJECT DESCRIPTION The Applicant has obtained final plat approval for Filings 1 and 2 of the Lake Springe Ranch PUD. As anticipated the Applicant has put into place Conservation Easements on the entirety of the Filings. The current proposal is to vacate the plats and discontinue any efforts for development the subdivision. As part of the final plat vacation a portion of the County Road within the subdivision will be vacated/relocated. Vacation of the County Road also requires a Location and Extent Review which is also outlined below. II. REGULATORY PROVISIONS APPLICANT IS REQURED TO ADDRESS Final Plat Vacation • Garfield County Comprehensive Plan 2030 • Garfield County Land Use and Development Code, as amended 1 • Section 5-307 Vacating a Final Subdivision or Subdivision Exemption Plat including Review Criteria in Section 5-307(C) • Table 5-103 Common Review Procedures and Required Notice • Table 5-401 Application Submittal Requirements • Section 5-402 Description of Submittal Requirements including 5- 402(J) • Section 4-203 Description of Submittal Requirements, as appropriate • Section 4-101 Common Review Procedures Vacation of a County Road or Public Right -of -Way • Garfield County Comprehensive Plan 2030 • Garfield County Land Use and Development Code, as amended • Section 4-108, Vacation of a County Road or Public Right -of -Way including Review Criteria • Section 4-302, Request to Vacate a County Road or Public Right -of -Way • Table 4-102 Common Review Procedures and required Notices • Table 4-201 Application Submittal Requirements • Section 4-203 Description of Submittal Requirements, as appropriate • Section 4-101 Common Review Procedures Location and Extent • Garfield County Comprehensive Plan 2030 • Garfield County Land Use and Development Code, as amended • Section 4-111 Location and Extent Review • Table 4-102 Common Review Procedures and required Notices • Table 4-201 Application Submittal Requirements • Section 4-203 Description of Submittal Requirements, as appropriate • Section 4-101 Common Review Procedures III. REVIEW PROCESS Vacation of a Final Plat 1. Pre -application Conference. 2. Application. 3. Determination of Completeness. 4. Referrals as appropriate. 5. Evaluation by Director/Staff Review and Preparation of Staff Report 6. Schedule Board of County Commissioners Public Hearing and completion of public notice — mailing notice to all property owners and mineral owners within the subdivision, mailing notice to adjacent property owners within 200 ft., publication, and posting the site visible from road right-of-way generally used by the public (at least 30 but not more than 60 days prior to hearing). 7. Review and Action by the Board of County Commissioners including a resolution with an attached copy of the plat with the prominent notation that it was vacated. 2 8. If the subdivision incudes County Roads the Applicant must also comply with Section 4-108, Vacation of a County Road. Vacation of a County Road or Public Right of Way 1. Pre -application Conference. 2. Application. 3. Determination of Completeness. 4. Referrals as appropriate. 5. Schedule Planning Commission Public Hearing, public notice limited to inclusion on a posted agenda (within 60 days of submission) 5. Evaluation by Director/Staff Review and Preparation of Staff Report 6. Public Hearing & Review by the Planning Commission. 7. The Planning Commission shall render a decision and recommendation to the Board of County Commissioners within 60 days of submission. 8. Schedule Board of County Commissioners Public Hearing and completion of public notice — mailing to adjacent property owners within 200 ft. and mineral rights owners on the property and publication (at least 30 but not more than 60 days prior to hearing). 9. Review and Action by the Board of County Commissioners. Location and Extent 1. Pre -application Conference. 2. Application. 3. Determination of Completeness. 4. Referrals as appropriate 4. Schedule Planning Commission Public Hearing and completion of public notice — mailing to property owners within 200 ft., mineral rights owners on the property, and published and posted (at least 7 days prior to hearing). 5. Evaluation by Director/Staff Review and preparation of a Staff Report 6. Review and Decision by the Planning Commission formalized by a Resolution. Concurrent Review The three Applications can be provided in one comprehensive submittal and reviewed concurrently, as long as all noticing requirements are met for each application. IV. SUBMITTAL REQUIREMENTS Vacation of a Final Plat Table 5-401 lists General Application Materials including additional submittal requirements as listed in Section 5-402(J). These application materials are generally summarized below: ■ General Application materials including Application Form ■ Narrative Description of the proposal ■ Ownership Documentation (deed) 3 ■ Statement of Authority or Letter of Authorization, as necessary. Where ownership is by a Corporation, Trust, or LLC additional documentation/authorizations may be required. ■ Fee Payment and Payment Agreement Form ■ Pre -Application Conference Summary ■ Vicinity Map ■ Site Plan including the realignment of the County Road, portions proposed to vacated and new sections of right-of-way to be acquired. ■ Names and addresses of all property owners and mineral owners within the subdivision and all property owners within 200 feet of project site. ■ Proposed Final Plat vacation document ■ Submittal Requirements listed in Section 5-402(J) including: (1) a copy of the recorded plat; (2) a description of the current conditions of the subdivision; (3) a statement addressing how the project meets the Review Criteria in Section 5- 307(C); (4) if a parcel less than 35 acres would be created by the vacation submittal requirements for a minor subdivision for the resulting parcel. Vacation of a County Road or Public Right of Way Please refer to Table 4-201 and the Description of Submittal Requirements in Section 4- 203.B. County Road vacations require additional submittal information per Section 4- 302. These application materials are generally summarized below: ■ General Application Materials including Application Form ■ Narrative Description of the Proposal ■ Ownership Documentation (deed) ■ Statement of Authority or Letter of Authorization, as necessary. Where ownership is by a Corporation, Trust, or LLC additional documentation/authorizations may be required. ■ Fee Payment and Payment Agreement Form ■ Pre -Application Conference Summary ■ Names and addresses of all property owners within 200 feet of project site and all mineral owners ■ Vicinity Map including: o Properties and structures within 20 ft. of the vacation including any publicly owned land o Land uses for those adjacent properties o Location of all existing utilities in or adjacent to the vacation o Existing road rights -of -way within a 20 ft. radius of the vacation o A survey map containing a legal description and graphic depiction of the proposed vacation suitable for recording. ■ Description of current condition, traffic analysis, etc ■ Letter from any involved Utility Company(s) ■ Letter from any affected Fire District Letter ■ Statement of established County Road ■ A title opinion ■ Statement about access to public lands ■ Names and addresses of all property owners adjacent to ROW 4 ■ Site Plan illustrating the realignment of the County Road and portions proposed to be vacated. ■ Right -of -Way Dedication Agreement for new sections of right-of-way to be acquired if any. ■ Statement on how the project meets the Review Criteria in Section 4-108.C. Location and Extent Review Table 4-201 lists General Application Materials and Site Plan (Section 4-203 (D)). These application materials are generally summarized below: ■ General Application materials including Application Form ■ Narrative Description of the proposal ■ Ownership Documentation (deed) ■ Statement of Authority or Letter of Authorization, as necessary. Where ownership is by a Corporation, Trust, or LLC additional documentation/authorizations may be required. ■ Fee Payment and Payment Agreement Form ■ Pre -Application Conference Summary ■ Vicinity Map ■ Site Plan including the realignment of the County Road, portions proposed to vacated and new sections of right-of-way to be acquired. ■ Names and addresses of all property owners within 200 feet of project site and all mineral owners ■ Statement addressing how the project meets the Review Criteria in Section 4- 111.0 (general conformance with the Comprehensive Plan 2030) The Applications can be submitted in one comprehensive document as long as all submittal requirements for each application are fully met. Organizational tools and table of contents references should provide clear evidence of where the different requests are found in the submittals. Submit three paper copies and one electronic copy (on CD or USB stick) for each application. Both the paper and digital copy should be split into individual sections. The digital copy should use pdf. format. Additional paper copies will be requested upon determination of completeness including copies for the Planning Commission review. Please contact Planning Staff if you have questions regarding submittals. Follow-up meetings with staff can be scheduled as needed prior to submittal. V. APPLICATION REVIEW Vacation of a Final Plat a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: Planning Commission X Board of County Commissioners 5 Board of Adjustment Vacation of a County Road or Public Right of Way a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: X Planning Commission X Board of County Commissioners _ Board of Adjustment Location and Extent Review a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: Referral Agencies X Planning Commission _ Board of County Commissioners _ Board of Adjustment May include but are not limited to Garfield County Surveyor, Garfield County Road and Bridge Department, Garfield County Attorney's Office, Garfield County Consulting Engineer, Fire Protection District and appropriate utilities VI. APPLICATION REVIEW FEES Vacation of a Final Plat a. Planning Review Fees: $ 250.00 b. Referral Agency Fees: $ TBD — consulting engineer/civil engineer fees c. Total Deposit: $ 250.00 (additional hours are billed at $40.50 /hour) Vacation of a County Road or Public Right of Way a. Planning Review Fees: $ 400.00 b. Referral Agency Fees: $ TBD — consulting engineer/civil engineer fees c. Total Deposit: $ 400.00 (additional hours are billed at $40.50 /hour) Location and Extent Review a. Planning Review Fees: Staff time and materials b. Referral Agency Fees: $ TBD — consulting engineer/civil engineer fees c. Total Deposit: Staff time and materials VII. GENERAL APPLICATION PROCESSING The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six-month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically for review by the public. Proprietary information can be redacted from documents prior to submittal. Pre -application Summary Prepared by: 4/24/20 Glenn Hartmann, Principal Planner Date Note: See attached Flow Charts for Roadway Vacation and Location and Extent. No flow chart is available for Final Plat Vacation. Please refer to the processing outline above. the if submittal is complete Approximately 5 mo PC Garfield County Vacation of a County Road or Public Right of Way Review Process (Section 4-108) Step 1: Pre -application Conference • Applicant has 6 months to submit application • May be waived by the Director Step 2: Application Submittal Step 3: Completeness Review • 20 business days to review • If incomplete, 60 days to remedy deficiencies "Step 4: Schedule Hearing and Provide Notice •Poston an agenda at least 24 hours in advance of the Planning Commission public hearing. Step 5: Referral •21 day comment period Step 6: Evalution by Director ep 7: Planning Commission Review and Recommendation Step 8: Schedule Hearing and Provide Notice • Published and mailed to adjacent property owners within 200 feet and mineral owners at least 30 days but no more than 60 days prior to BOCC public hearing •Published notice shall include a statement that a resolution to vacate will be presented at the hearing Step 9: BOCC Decision •A decision must be made within 90 days of initial BOCC hearing 8 Approximately 1 month if submittal is complete re Garfield County Location and Extent Review Process (Section 4-111) Step 1: Pre -application Conference • May be waived by Director • Applicant has 6 months to submit application step 2: Application Submittal Step 3: Completeness Review • 10 business days to review • If incomplete, 60 days to remedy deficiencies Step 4: Schedule Hearing Date and Provide Notice •Published, posted and mailed to adjacent property owners within 200 feet and mineral owners at least 7 days but no more than 30 days prior to decision date Step 6: Evalution by Director tep 7: Planning Commission Decision 9 EXHIBIT 3 Statement of Authority & Letter of Authorization EXHIBIT 3a Statement of Authority I ri. Recept i on# : 808425 09/23/2011 09:1946 AM Jean Alberico 1 of 1 Rec Fee:$11.00 Doc Fee:0.00 GARFIELD COUNTY CO STATEMENT OF AUTHORITY NAME OF ENTITY: The name of the entity to which this Statement relates is Berkeley Family LLLP. TYPE OF ENTITY: The entity is a Limited Liability Limited Partnership formed under the laws of the State of Colorado. MAILING ADDRESS: The mailing address for the entity is 3961 County Road 14, Glenwood Springs, Colorado 81601. AUTHORIZED PERSON: The name and position of the person authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity is follows: Name Position Miriam M. Berkeley General Partner LIMITATIONS: None. Dated this i f day of Svvr` , 2009. Miriam M. Berkeley, General Partpfer STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was subscribed, sworn to and acknowledged before me this 14 day of aAcm.1e../-, , 2009, by Miriam M. Berkeley as General Partner of Berkeley Family LLLP. WITNESS my hand and official seal. My Commission expires: 1-Z- - 0,0k11,1,,,,P,STMT.MMIlm5 /7N tary Public .....1,16,-/-z- . I %• .4.1-- ,-+ . . c<` • io c'deuiViso After recording return to. Dan .C. 823 Blake Ave., Ste. 202, Glenwood Springs, CO 81601 EXHIBIT 3b Letter of Authorization June 23, 2020 Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re; Authorization to Represent To Whom it May Concern: By this letter, Berkeley Fatnily Limited Liability Limited Partnership hereby authorize TG Malloy Consulting, LLC to represent us in matters related to the land use application for the Lake Springs Ranch PUD property located in Garfield County. This includes the preparation and submission of documents associated with the land use application and representation of this application before the applicable appointed and elected boards. We are seeking Final Plat Vacation, County Road ROW Vacation and Location and Extent Review approvals from Garfield County for this property. Sincerely, Berkeley Family Limited Liability Limited Partnership /41 Miriam Berkeley, General Partner cc: Tim Malloy EXHIBIT 4 Title Report & Ownership Deeds EXHIBIT 4a Title Report Pr" Land TtleT CAx0.AHTEE f& IFiv.! ,Siam• fy1Sp: Land Title Guarantee Company Customer Distribution PREVENT FRAUD - Please remember to call a member of our closing team when • initiating a wire transfer or providing wiring instructions. Order Number: ABS63015060-4 Date: 07/09/2020 Property Address: TBD GLENWOOD SPRINGS, GLENWOOD SPRINGS, CO 81601 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance For Title Assistance Melissa Schroder 5975 GREENWOOD PLAZA BLVD GREENWOOD VILLAGE, CO 80111 (303) 270-0438 (Work) mschroder@Itgc.com TG MALLOY CONSULTING Attention: ATTN: TIM MALLOY 402 PARK AVE GLENWOOD SPRINGS, CO 81601 (970) 945-0832 (Work) tgmalloy@sopris.net Delivered via: Electronic Mail Pri Land Title ARAtiTF.f mmrArir —SIMAY 19.0— Land Title Guarantee Company Estimate of Title Fees Order Number: ABS63015060-4 Property Address: TBD GLENWOOD SPRINGS, GLENWOOD SPRINGS, CO 81601 Parties: A BUYER TO BE DETERMINED Date: 07/09/2020 BERKELEY FAMILY LIMITED PARTNERSHIP AND A/K/A THE BERKELEY FAMILY LLLP Visit Land Title's Website at www.ltgc.com for directions to any of our offices. Estimate of Title insurance Fees "TBD" Commitment $217.00 Total $217.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property. Chain of Title Documents: Garfield county recorded 04/22/2004 at book 899 page 796 Garfield county recorded 12/19/2012 under reception no. 828748 Garfield county recorded 12/19/2012 under reception no. 828751 Garfield county recorded 11/24/2009 under reception no. 778209 Garfield county recorded 11/24/2009 under reception no. 778210 Plat Map(s): Garfield county recorded 12/08/2004 under reception no. 664629 Garfield county recorded 09/11/2019 under reception no. 925310 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:ABS63015060-4 Property Address: TBD GLENWOOD SPRINGS, GLENWOOD SPRINGS, CO 81601 1. Effective Date: 04/10/2020 at 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "TBD" Commitment Proposed Insured: A BUYER TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: BERKELEY FAMILY LIMITED PARTNERSHIP AND A/K/A THE BERKELEY FAMILY LLLP 5. The Land referred to in this Commitment is described as follows: PARCEL A: $0.00 A PARCEL OF LAND SITUATED IN GOVERNMENT LOTS 5 AND 6, SECTION 32, LOTS 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 20, 21, 22, 23 AND THE NE1/4SE1/4 OF SECTION 33, SW1/4SW1/4 AND THE NW1/4SW1/4 OF SECTION 34 ALL IN TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, AND ALSO LOTS 1, 2, 3 AND 9 OF SECTION 4, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 33, A 2-1/2" BRASS CAP L.S. NO. 5933 FOUND IN PLACE, THE POINT OF BEGINNING; THENCE N. 89 DEGREES 40'02" W. ALONG THE SOUTHERLY BOUNDARY OF SAID SECTION 33 A DISTANCE OF 2502.71 FEET TO THE SOUTHWEST CORNER OF SAID GOV'T LOT 20, A 3-1/4" ALUMINUM CAP L.S. NO. 19598 FOUND IN PLACE; THENCE N. 01 DEGREES 58'08" E. ALONG THE WESTERLY BOUNDARY OF SAID GOV'T LOT 20 AND 17 A DISTANCE OF 2,064.02 FEET TO THE NORTHWEST CORNER OF SAID GOV'T LOT 17, A 3-1/4" ALUMINUM CAP L.S. NO. 19598 FOUND IN PLACE; THENCE N. 87 DEGREES 10'45" W. ALONG THE SOUTHERLY BOUNDARY OF SAID GOV'T LOT 9 AND 6 A DISTANCE OF 1382. 36 FEET TO THE SOUTHWEST CORNER OF SAID GOV'T LOT 6; THENCE N. 01 DEGREES 43'36" E. ALONG THE WESTERLY BOUNDARY OF SAID GOV'T LOT 6 AND 5 A DISTANCE OF 1290.42 FEET TO THE NORTHWEST CORNER OF SAID GOV'T LOT 5 (WHENCE A WITNESS CORNER TO THE NORTHWEST CORNER OF SAID LOT 5 BEARS N. 01 DEGREES 43'36" E. A DISTANCE OF 29.83 FEET); THENCE S. 89 DEGREES 05'51" E. ALONG THE NORTHERLY BOUNDARY OF SAID LOT 5, A DISTANCE OF 1166.84 FEET TO THE NORTHEAST CORNER OF SAID LOT 5, A 3-1/4" ALUMINUM CAP L.S. NO. 19598 FOUND IN PLACE; THENCE S. 89 DEGREES 12'41" E. ALONG THE NORTHERLY BOUNDARY OF SAID GOV'T LOT 8 AND 7 A DISTANCE OF 1529.49 TO THE NORTHEAST CORNER OF SAID LOT 7, A 2-1/2" GARFIELD COUNTY SURVEYOR ALUMINUM CAP FOUND IN PLACE; THENCE S. 01 DEGREES 58'10" W. ALONG THE EASTERLY BOUNDARY OF SAID LOT 7 A DISTANCE OF 838.23 FEET TO THE SOUTHEAST CORNER OF SAID LOT 7, A 2-1/2" ALUMINUM CAP L.S. NO. 5933 FOUND IN PLACE; THENCE S. 88 DEGREES 25'59" E. ALONG THE NORTHERLY BOUNDARY OF SAID GOV'T LOT 11 A DISTANCE OF 1113.33 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 33, A 3-1/4" GARFIELD COUNTY SURVEYOR ALUMINUM CAP FOUND IN PLACE; THENCE S. 88 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:ABS63015060-4 DEGREES 25'59" E. ALONG THE NORTHERLY BOUNDARY OF SAID GOV'T LOT 12 A DISTANCE OF 1255.38 FEET TO THE CENTER -EAST SIXTEENTH CORNER OF SAID SECTION 33, A 2-1/2" ALUMINUM CAP L.S. NO. 5933 FOUND IN PLACE; THENCE S. 88 DEGREES 25'59" E. ALONG THE NORTHERLY BOUNDARY OF THE NE1/4SE1/4 OF SAID SECTION 33 A DISTANCE OF 1255.38 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 33, A 2-1/2" ALUMINUM CAP L.S. NO. 5933 FOUND IN PLACE; THENCE N. 89 DEGREES 59'25" E. ALONG THE NORTHERLY BOUNDARY OF THE NW1/4SW1/4 OF SAID SECTION 34 A DISTANCE OF 201.90 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY S. 03 DEGREES 45'23" E. A DISTANCE OF 1233.01 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID NW1/4SW1/4; THENCE N. 89 DEGREES 02'47" E. ALONG SAID SOUTHERLY BOUNDARY A DISTANCE OF 807.09 FEET; THENCE LEAVING SAID SOUTHERLY BOUNDARY S. 02 DEGREES 50'09" E. A DISTANCE OF 1220.54 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF THE SW/14SW1/4 OF SAID SECTION 34' THENCE S. 88 DEGREES 10'28" W. ALONG SAID SOUTHERLY BOUNDARY A DISTANCE OF 984. 24 FEET TO THE SOUTHEAST CORNER OF SECTION 33, A 2" BUREAU OF LAND MANGAGEMENT ALUMINUM CAP FOUND IN PLACE; THENCE S. 16 DEGREES 39'59" W. A DISTANCE OF 217.38 FEET; THENCE S. 27 DEGREES 00'32" W. A DISTANCE OF 277.20 FEET; THENCE S. 48 DEGREES 11'02' W. A DISTANCE OF 452.97 FEET; THENCE N. 89 DEGREES 49'27" W. A DISTANCE OF 293.51 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET AND CENTRAL ANGLE OF 54 DEGREES 02'27", A DISTANCE OF 188.64 FEET (CHORD BEARS N. 62 DEGREES 47'31" W. A DISTANCE OF 181.72 FEET); THENCE N. 35 DEGREES 45'36" W. A DISTANCE OF 8.96 FEET; THENCE S. 57 DEGREES 47'34" W. A DISTANCE OF 100.68 FEET TO A POINT IN AN EXISTING FENCE; THENCE S. 10 DEGREES 53'01" E. ALONG SAID FENCE A DISTANCE OF 648.15 FEET TO AN ANGLE POINT IN SAID FENCE; THENCE CONTINUING ALONG SAID FENCE N. 89 DEGREES 15'38" W. A DISTANCE OF 1728.64 FEET TO A POINT IN THE WESTERLY BOUNDARY OF THE SW1/4NE1/4 OF SAID SECTION 4; THENCE N. 00 DEGREES 13'22" W. ALONG SAID WESTERLY BOUNDARY A DISTANCE OF 1342.18 FEET TO THE POINT OF BEGINNING. EXCEPTION THEREFROM THE FOLLOWING: A PARCEL OF LAND SITUATED IN SECTION 33, TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST -WEST CENTERLINE OF SAID SECTION 33 WHENCE THE EAST 1/4 CORNER OF SAID SECTION 33 BEARS S88°25'59"E (DEED EQUALS S88°28'37"E) 565.00 FEET; THENCE S43°02'38"W (DEED EQUALS S43°00'00"W) 780.00 FEET; THENCE S48°02'38"W (DEED EQUALS S48°00'00"W) 330.00 FEET; THENCE S40°02'38"W (DEED EQUALS S40°00'00"W) 160.00 FEET; THENCES44°02'38"W (DEED EQUALS S44°00'00"W) 104.80 FEET; THENCE N88°25'59"W (DEED EQUALS N88°28'37") 1078.78 FEET; THENCE N01 °34'01"E (DEED EQUALS NO1 °31'23"E) 1014.20 FEET TO A POINT ON THE EAST -WEST CENTERLINE OF SAID SECTION 33; THENCE ALONG THE EAST -WEST CENTERLINE OF SAID SECTION 33 S88°25'59"E (DEED EQUALS S88°28'37"E) 2005.00 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO AND INCLUDING PARCEL B: ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:ABS63015060-4 A PARCEL OF LAND SITUATED IN THE NW1/4SW1/4 SECTION 34, TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 34, AN ALUMINUM CAP L.S. NO. 5993 FOUND IN PLACE, THE POINT OF BEGINNING; THENCE N 89°51'50" E ALONG THE NORTHERLY LINE OF THE NW1/4SW1/4 SECTION 34 A DISTANCE OF 201.90 FEET; THENCE LEAVING SAID NORTHERLY LINE S 03°53'31" E A DISTANCE OF 1233.02 FEET, TO A POINT ON THE SOUTHERLY LINE OF SAID NW1/4SW1/4; THENCE ALONG SAID SOUTHERLY LINE S 89°13'59" W A DISTANCE OF 199.56 FEET, TO S1/16 OF SECTION 34 AND 33, A 2-1/2" GARFIELD COUNTY SURVEYOR BRASS CAP FOUND IN PLACE; THENCE N 03°59'40" W ALONG SAID WESTERLY LINE OF SAID SECTION 34 A DISTANCE OF 1235.37 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO PARCEL C: A PARCEL OF LAND SITUATED IN THE NE1/4 CORNER OF SECTION 4, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE N1/4 CORNER OF SECTION 4; THENCE S 45°03'03"E A DISTANCE OF 1905.62 FEET TO THE NORTHEAST SIXTEENTH CORNER OF SAID SECTION 4, ALSO BEING THE SOUTHEAST CORNER OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 419600 IN THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE, THE POINT OF BEGINNING; THENCE NOO°18'44"W ALONG THE WESTERLY LINE OF SAID RECEPTION NO. 419600 A DISTANCE OF 514.40 FEET TO THE NORTHWEST CORNER; THENCE S89°46'S0"E ALONG THE NORTHERLY LINE OF SAID RECEPTION NO. 419600 A DISTANCE OF 285.66 FEET TO A POINT IN AN EXISTING FENCE; THENCE LEAVING SAID NORTHERLY LINE S10°53'01"E ALONG SAID EXISTING FENCE A DISTANCE OF 541.23; THENCE CONTINUING ALONG SAID EXISTING FENCE N89° 15'38"W A DISTANCE OF 1728.64 FEET TO A POINT ON THE NORTH -SOUTH CENTERLINE OF SAID SECTION 4; THENCE LEAVING SAID EXISTING FENCE NOO°13'22"W ALONG SAID NORTH -SOUTH CENTERLINE A DISTANCE OF 1.04 FEET TO A POINT ON THE NORTHERLY LINE OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 280798 IN THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE LEAVING SAID NORTH -SOUTH CENTERLINE S89°46'S0"E ALONG SAID NORTHERLY LINE A DISTANCE OF 1343.47 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO PARCEL D: A PARCEL OF LAND SITUATED IN THE NE1/4 OF SECTION 4, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 4, A BLM ALUMINUM CAP IN PLACE, THE POINT OF BEGINNING; THENCE S16°39'S5"W 217.38 FEET THENCE S27°00'32"W 277.20 FEET; THENCE S48°11'02"W 452.97 FEET; THENCE N89°49'27"W 293.53 FEET; THENCE ALONG THE ARC OF A ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:ABS63015060-4 CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 54°02'08", A DISTANCE OF 188.62 (CHORD BEARS N62°47'22"W 181.71 FEET); THENCE N35°45'36"W 8.96 FEET; THENCE ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 330.00 FEET AND A CENTRAL ANGLE OF 17°32'59", A DISTANCE OF 101.08 FEET (CHORD BEARS S57°47'34"W 100.68 FEET); THENCE S10°53'01 "E 106.92 FEET; THENCE N89°46'50"W 285.66 FEET TO A POINT ON THE EASTERLY BOUNDARY OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 462134 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE N00° 18'44"W ALONG SAID EASTERLY BOUNDARY 336.70 FEET; THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY N89°51'49"E 213.40 FEET; THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY NOO°16'49"W 489.84 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF SAID SECTION 4; THENCE ALONG SAID NORTHERLY BOUNDARY S89°49'20"E 1127.68 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL TO BE MERGED WITH A TRACT OF LAND PRESENTLY IDENTIFIED AS RECEPTION NO. 515315, BOOK NO. 1047, PAGE NO. 914 IN THE RECORDS OF THE CLERK AND RECORDER OF GARFIELD COUNTY. COUNTY OF GARFIELD STATE OF COLORADO AND EXCEPTING THEREFROM A PARCEL OF LAND SITUATED IN THE SW1/4SW1/4 SECTION 34, TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 34, A 2-1/2" GARFIELD COUNTY SURVEYOR BRASS CAP FOUND IN PLACE; THENCE N 88°10'28" E ALONG THE SOUTHERLY LINE OF SAID SECTION 34 A DISTANCE OF 984.24 FEET, TO THE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE N 02°50'09" W A DISTANCE OF 1220.49 FEET TO A POINT ON THE NORTHERLY LINE OF THE SW1/4SW1/4 OF SAID SECTION 34; THENCE N 89°02'17" E ALONG SAID NORTHERLY LINE A DISTANCE OF 358.19 FEET TO THE SOUTHWEST SIXTEENTH CORNER OF SAID SECTION 34; THENCE S 02°50'09" E A DISTANCE OF 1215.09 FEET TO THE WEST SIXTEENTH CORNER OF SAID SECTION 34 AND SECTION 3, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN; THENCE S 88°10'28" W ALONG THE SOUTHERLY LINE OF SAID SECTION 34 A DISTANCE OF 358.06 FEET, TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO AND EXCEPTING FROM THEREFROM ANY PORTION OF THE SUBJECT PROPERTY CONTAINED WITHIN DEEDS RECORDED JUNE 3, 1929 IN BOOK 159 AT PAGE 85 AND 87 COUNTY OF GARFIELD STATE OF COLORADO PARCEL E A PARCEL OF LAND SITUATED IN SECTION 33, TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST -WEST CENTERLINE OF SAID SECTION 33 WHENCE THE EAST 1/4 CORNER OF SAID SECTION 33 BEARS S88°25'59"E (DEED EQUALS S88°28'37"E) 565.00 FEET; THENCE ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:ABS63015060-4 S43°02'38"W (DEED EQUALS S43°00'00"W) 780.00 FEET; THENCE S48°02'38"W (DEED EQUALS S48°00'00"W) 330.00 FEET; THENCE S40°02'38"W (DEED EQUALS S40°00'00"W) 160.00 FEET; THENCES44°02'38"W (DEED EQUALS S44°00'00"W) 104.80 FEET; THENCE N88°25'59"W (DEED EQUALS N88°28'37") 1078.78 FEET; THENCE N01 °34'01 "E (DEED EQUALS NO1 °31'23"E) 1014.20 FEET TO A POINT ON THE EAST -WEST CENTERLINE OF SAID SECTION 33; THENCE ALONG THE EAST -WEST CENTERLINE OF SAID SECTION 33 S88°25'59"E (DEED EQUALS S88°28'37"E) 2005.00 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO Copyright 2006-2020 American Land Title Association. All rights reserved. The use of this Form 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. AMERICAN LAND 'HILL ASSOCIATION ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: ABS63015060-4 All of the following Requirements must be met: This 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. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS63015060-4 This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, 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 and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date 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. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 30, 1895, IN BOOK 12 AT PAGE 376 AND RECORDED AUGUST 6, 1895 IN BOOK 12 AT PAGE 378 AND RECORDED MAY 28, 1974 IN BOOK 459 AT PAGE 525. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 30, 1895, IN BOOK 12 AT PAGE 376 AND RECORDED AUGUST 6, 1895 IN BOOK 12 AT PAGE 378, AND RECORDED SEPTEMBER 23, 1912 IN BOOK 71 AT PAGE 560 AND RECORDED MAY 28, 1974 IN BOOK 459 AT PAGE 525 AND RECORDED FEBRUARY 26, 1952 IN BOOK 263 AT PAGE 239. 10. ALL COAL AND OTHER MINERALS, TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE AND REMOVE THE SAME PURSUANT TO THE PROVISIONS AND LIMITATIONS OF THE ACT OF DECEMBER 29, 1916 (39 STAT. 862) AS RESERVED BY THE UNITED STATES OF AMERICA IN THE PATEN RECORDED FEBRUARY 26, 1952 IN BOOK 263 AT PAGE 239. 11. ROAD PETITION RECORDED JUNE 12, 1929 IN BOOK 2 AT PAGE 11 AS RECEPTION NO. 104592. 12. ROAD VIEWING REPORT RECORDED JUNE 12, 1929 IN BOOK 2 AT PAGE 86 AS RECEPTION NO. 104593. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS63015060-4 13. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 79-64 RECORDED JUNE 19, 1979 IN BOOK 530 AT PAGE 93. 14. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED MAY 02, 1991 IN BOOK 803 AT PAGE 445. 15. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED SEPTEMBER 14, 1992 IN BOOK 841 AT PAGE 512. 16. TERMS, CONDITIONS AND PROVISIONS OF CONTRACT RECORDED MAY 07, 1997 IN BOOK 1017 AT PAGE 945. 17. TERMS, CONDITIONS AND PROVISIONS OF UTILITY EASEMENT RECORDED NOVEMBER 12, 1997 IN BOOK 1042 AT PAGE 134. 18. TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE ADJUSTMENT AFFIDAVIT RECORDED NOVEMBER 12, 1997 IN BOOK 1042 AT PAGE 139. 19. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED AUGUST 30, 2001 IN BOOK 1282 AT PAGE 8. 20. TERMS, CONDITIONS AND PROVISIONS OF BARGAIN AND SALE DEED RECORDED JANUARY 22, 2002 IN BOOK 1322 AT PAGE 977 AND CORRECTION DEED RECORDED JUNE 5, 2002 UNDER RECEPTION NO. 604779. 21. TERMS, CONDITIONS AND PROVISIONS OF AFFIDAVIT OF BOUNDARY LINE ADJUSTMENT RECORDED JANUARY 22, 2002 AT RECEPTION NO. 596127. 22. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF CONTRACT RECORDED JUNE 13, 2002 UNDER RECEPTION NO. 605123, FIRST AMENDMENT RECORDED OCTOBER 18, 2006 UNDER RECEPTION NO. 709117, SECOND AMENDMENT RECORDED APRIL 13, 2011 UNDER RECEPTION NO. 801363, THIRD AMENDMENT RECORDED APRIL 13, 2011 UNDER RECEPTION NO. 801364. 23. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 02-109 RECORDED DECEMBER 23, 2002 IN BOOK 1419 AT PAGE 563. 24. TERMS, CONDITIONS AND PROVISIONS OF ORDER OF INCLUSION RECORDED JULY 23, 2001 AT RECEPTION NO. 584839. 25. EASEMENT AGREEMENT RECORDED JANUARY 18, 2002 UNDER RECEPTION NO. 596026 26. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF CONTRACT RECORDED JANUARY 22, 2002 AT RECEPTION NO. 596128 AND CONTRACT RECORDED JUNE 12, 2002 UNDER RECEPTION NO. 605080 AND AMENDMENT RECORDED AUGUST 28, 2006 UNDER RECEPTION NO. 705333, AND SECOND AMENDMENT RECORDED APRIL 13, 2011 UNDER RECEPTION NO. 801361, AND THIRD AMENDMENT RECORDED APRIL 1,3 2011 UNDER RECEPTION NO. 801362. 27. TERMS, CONDITIONS AND PROVISIONS OF AFFIDAVIT RECORDED JUNE 05, 2002 AT RECEPTION NO. 604780. 28. TERMS, CONDITIONS AND PROVISIONS OF REFEREE RULING RECORDED JUNE 18, 2004 AT RECEPTION NO. 654369. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS63015060-4 29. TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS RIGHT-OF-WAY EASEMENT RECORDED SEPTEMBER 15, 2004 AT RECEPTION NO. 659779. 30. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION 2004-110 RECORDED NOVEMBER 19, 2004 AT RECEPTION NO. 663716. 31. TERMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT RECORDED DECEMBER 08, 2004, UNDER RECEPTION NO. 664630. 32. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED DECEMBER 08, 2004, UNDER RECEPTION NO. 664631. 33. TERMS, CONDITIONS AND PROVISIONS OF DEVELOPMENT AGREEMENT RECORDED DECEMBER 08, 2004 AT RECEPTION NO. 664632. 34. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF LAKE SPRINGS RANCH FILING NO 1 RECORDED DECEMBER 08, 2004 UNDER RECEPTION NO. 664629. 35. EASEMENTS AND RIGHTS OF WAY AS GRANTED TO HOLY CROSS IN INSTRUMENT RECORDED DECEMBER 15, 2004 UNDER RECEPTION NO. 665111. 36. TERMS, CONDITIONS AND PROVISIONS OF DEED OF CONSERVATION AGREEMENT RECORDED DECEMBER 22, 2004 AT RECEPTION NO. 665794. 37. TERMS, CONDITIONS AND PROVISIONS OF DEED OF CONSERVATION AGREEMENT RECORDED OCTOBER 24, 2005 AT RECEPTION NO. 684872. 38. TERMS, CONDITIONS AND PROVISIONS OF AMENDMENT OF AMENDMENT OF CONTRACT RECORDED AUGUST 28, 2006 AT RECEPTION NO. 705333. 39. TERMS, CONDITIONS AND PROVISIONS OF AMENDMENT OF MEMORANDUM OF CONTRACT RECORDED OCTOBER 18, 2006 AT RECEPTION NO. 709117. 40. TERMS, CONDITIONS AND PROVISIONS OF CONSERVATION AGREEMENT RECORDED NOVEMBER 02, 2006 AT RECEPTION NO. 710348. 41. TERMS, CONDITIONS AND PROVISIONS OF DEED OF CONSERVATION AGREEMENT RECORDED JULY 24, 2007 AT RECEPTION NO. 728890. 42. TERMS, CONDITIONS AND PROVISIONS OF DEED OF CONSERVATION EASEMENT RECORDED OCTOBER 03, 2008 AT RECEPTION NO. 746747. 43. TERMS, CONDITIONS AND PROVISIONS OF CONSERVATION EASEMENT RECORDED AUGUST 26, 2009 AT RECEPTION NO. 774022. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS63015060-4 44. TERMS, CONDITIONS AND PROVISIONS OF UTILITY EASEMENT DEED RECORDED MARCH 01, 2010 AT RECEPTION NO. 782646 AND CORRECTED DEED RECORDED NOVEMBER 29, 2010 UNDER RECEPTION NO. 794921. 45. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2012-80 RECORDED SEPTEMBER 05, 2012 AT RECEPTION NO. 823748. 46. TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE AFFIDAVIT RECORDED DECEMBER 19, 2012 AT RECEPTION NO. 828747. 47. TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE AFFIDAVIT RECORDED DECEMBER 19, 2012 AT RECEPTION NO. 828750. 48. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2013-29 RECORDED MAY 07, 2013 AT RECEPTION NO. 834952. 49. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2013-74 RECORDED OCTOBER 15, 2013 AT RECEPTION NO. 842009. 50. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2014-13 RECORDED MARCH 25, 2014 AT RECEPTION NO. 847514. 51. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2016-35 RECORDED MAY 02, 2016 AT RECEPTION NO. 876660. 52. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2016-36 RECORDED MAY 06, 2016 AT RECEPTION NO. 876835. 53. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION 2018-31 RECORDED JUNE 04, 2018 AT RECEPTION NO. 907522. 54. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN RIGHT OF WAY EASEMENT DEED RECORDED JULY 17, 2019 UNDER RECEPTION NO. 922979. 55. TERMS, CONDITIONS AND PROVISIONS OF VACATION OF EASEMENT AND GRANT OF EASEMENT RECORDED JULY 17, 2019 AT RECEPTION NO. 922977. 56. TERMS, CONDITIONS AND PROVISIONS OF ACCESS UTILITY AND MAINTENANCE EASEMENT DEED RECORDED JULY 17, 2019 AT RECEPTION NO. 922978 AND 922979. 57. TERMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT RECORDED SEPTEMBER 11, 2019, UNDER RECEPTION NO. 925311. 58. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN AFFORDABLE HOUSING PLAN AND AGREEMENT RECORDED SEPTEMBER 11, 2019 UNDER RECEPTION NO. 925312. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS63015060-4 59. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED SEPTEMBER 11, 2019, UNDER RECEPTION NO. 925313. 60. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF LAKE SPRINGS RANCH FILING 2 RECORDED SEPTEMBER 11, 2019 UNDER RECEPTION NO. 925310. 61. DEED OF TRUST DATED AUGUST 21, 2019 FROM BERKELEY FAMILY LIMITED PARTNERSHIP AND A/K/A THE BERKELEY FAMILY LLLP TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF BOARD OF COUNTY COMMISSIONERS TO SECURE THE SUM OF $3,500,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED SEPTEMBER 11, 2019, UNDER RECEPTION NO. 925314. IF" Land Title C[:ARM.rF.f iRM1MHY —Si Me 7 fi]— LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: (A) The Subject real property may be located in a special taxing district. (B) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 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". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: (A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (B) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. (D) The Company must receive payment of the appropriate premium. (E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. (A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is 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: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. IF" Land Title C[:ARM.rF.f iRMIr h'v —Si Me 7 fi]— JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to your non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: • applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; • your transactions with, or from the services being performed by us, our affiliates, or others; • a consumer reporting agency, if such information is provided to us in connection with your transaction; and • The public records maintained by governmental entities that we obtain either directly from those entities, or from our affiliates and non -affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: • We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. • We may share your Personal Information with affiliated contractors or service providers who provide services in the course of our business, but only to the extent necessary for these providers to perform their services and to provide these services to you as may be required by your transaction. • We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. • Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. • We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT STATED ABOVE OR PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. * * * Commitment For Title Insurance * % Issued by Old Republic National Title Insurance Corporation * NOTICE * it 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, Old Republic National Title Insurance Company, a Minnesota 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 6 months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS (a)"Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b)"Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g)"Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h)"Title": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I —Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: (a)the Notice; (b)the Commitment to Issue Policy; (c)the Commitment Conditions; (d)Schedule A; (e)Schedule B, Part I —Requirements; and (f) Schedule B, Part II —Exceptions; and (g)a counter -signature by the Company or its issuing agent that may be in electronic form. 4 COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a)The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: i. comply with the Schedule B, Part I —Requirements; ii. eliminate, with the Company's written consent, any Schedule B, Part II —Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. (b)The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c)The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d)The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e)The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I —Requirements have been met to the satisfaction of the Company. (g)In any event, the Company's liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a)Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b)Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d)The deletion or modification of any Schedule B, Part II —Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e)Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 8. PRO -FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company may provide. A pro -forma policy neither reflects the status of Title at the time that the pro -forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Senior Vice President OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South, Minneapolis, Minnesota 55401 (612) 371-1111 By Attest 1`7110,kut.,(,),4 �. President Secretary This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Land Title Insurance Corporation. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. 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. EXHIBIT 4b 1989 Warranty Deed /F Iiecordod at y t' 763 .-caL�/�� n'..i���• .f� !� V�p is ��i 9 Carr �^� 91 Re0eptIon No._445 y e _ . • . . :. C r. CO^DER F. G.�nFte_.. , uJi.'r`., OLOt ADQ SEP 1 J 1.r 89 State Documentary Fee $ Ulm WARRANTY DEED KANE ENTERPRISES, a general partnership, whose address is P. O. Box 729, Bartlesville, OK 74005, for the consideration of One Hundred Dollars and other good and valuable consideration, in hand paid, hereby sells and conveys to MICHAEL E. BERKELEY and MIRIAM M. BERKELEY, as joint tenants, whose address is 1695 Silverking Drive, Aspen, CO 81611, the following real property in the County of Garfield, State of Colorado, to wit: Township 6 South. Range 88 West 6th P.M. Section 32: Lots 5 and 6 Section 33: Lots 7 through 17 inclusive, Lots 20 through 23 inclusive, and NE?SE' Section 34: SW4SWk Township 7 South. Range 88 West 6th P.M. Section 4: Lots 2, 3 and 9 EXCEPTING therefrom the above those portions conveyed to the Board of County Commissioners of Garfield County for road purposes by documents recorded June 3, 1929 in Book 159 at Page 85 as Reception No. 104496 and in Book 159 at Page 87 as Reception No. 104498, with all its appurtenances and warrants title to the same, subject to reservations, easements, rights of way, and restrictions of record or of use, including, but not limited to, the following: 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; All existing roads, highways, ditches, utilities, canals, pipelines, powerlines, telephone lines, water lines, and rights of way and easements therefor established and/or existing, as same may cross subject property; Reservations as contained in the United States Patent recorded in Book 12 at Page 376, Book 12 at Page 378, Book 263 at Page 239, Book 263 at Page 289, and Book 459 at Page 525 of the Garfield County records; Terms, conditions and effects of instruments recorded in Book 2 at Page 11 and Book 2 at Page 86 of the Garfield County records; County Zoning Resolution No. 79-64 recorded in Book 530 at Page 93 of the Garfield County records; General taxes for 1989, due and payable in 1990. SIGNED this 2 t, day of Cu.,A,q F , 1989. KANE ENTERPRISES By: General Partner STATE OF OKLAHOMA COUNTY OF ti-21a `7- ss. 87'r 763 pa,J 92 . The foregoing Warranty Deed was acknowledged before me this ;S day of (1c4C,„ , 1989, by Henry F. Kane as General Partner of Kane Enterprises, a general partnership. Witness my hand and official seal. Notary Piiiilic my coiamitsion expires: -, / 9 `i 2- EXHIBIT 4c 1994 Special Warranty Deed RECORDED // .? O'CLOCKf% M. REC . 482134 PO(40S99:'!G, f' ° APR 2 2 1994 APR 22lit% MILDRED ALSDORF, GARFIELO COUNTY CLERK SPECIAL WARRANTY DEED G.ARFiELC Stato Doc. Fee $ c.e Michael E. Berkeley and Miriam M. Berkeley, Grantors, for consideration of Ten Dollars and other good and valuable consideration, in hand paid, hereby sell and convey to The Berkeley Family Limited Partnership, a Colorado limited partnership, Grantee, whose legal address is 3961 County Road 114, Glenwood Springs, CO 81601, the following real property in the County of Garfield and State of Colorado, to -wit: Township 6 South. Range 88 West of the 61h P.M. Section 32: Section 33: Section 34: Lots 5 and 6 Lots 7 through 17 inclusive, Lot 20 through 23, inclusive, and NE'/SE'% SW%SW''% Township 7 South. Range 88 West of the 6th P.M. Section 4: Lots 2, 3, and 9 EXCEPTING therefrom that parcel of land described on Deed recorded as Reception No. 419600 in Book 795 at Page 72 of the Garfield County records. AND EXCEPTING therefrom the above, those portions conveyed to the Board of County Commissioners of Garfield County for road purposes by documents recorded June 3, 1929, in Book 159 at Page 85 as Reception No. 104496 and in Book 159 at Page 87 as Reception No. 104498. with all its appurtenances, and warrant the title to the same against all persons claiming under the Grantors. SIGNED this STATE OF COLORADO ) COUNTY OF GARFIELD ) lsth day of April , 1994. ss. ichael E. Berkeley Miriam M. Berkeley The foregoing instrument was acknowledged before me this 15th day of April , 1994 by Michael E. Berkeley and Miriam M. Berkeley. WITNESS my hand and official seal. My commission expires: 9/13/94 Notary Public _ Barbara C. Keller • EXHIBIT 4d 2009 Special Warranty Deed — Correction 1111I'i" I'''1V/llMl IYIIOFIRIli41,hilrlvlrt:fii{Itf 11111 Recept Iona : 778209 1 24/2009 12.36 32 PM eat Plbe leo I of 2 Rec Fee .$16.00 Do Fee 0.00 GARFIELD COLUIY CO SPECIAL WARRANTY DEED Miriam M. Berkeley and Michael E. Berkeley, Grantors, for good and valuable consideration, in hand paid, hereby sell and convey to The Berkeley Family LLLP, a Colorado limited liability limited partnership, Grantee, whose legal address is 4001 County Road 114, Glenwood Springs, Colorado 81601, 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 warrant the title to the same against all persons claiming under the Grantors. NO DOCUMENTARY FEE REQUIRED: Consideration less than $500.00. SIGNED this /3 day of i'Vr) Ury Citt/ 2009. Michael E. r erkeley STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this 13 'day of 64e,t,t A_ , 2009, by Miriam M. Berkeley and Michael E. Berkeley. WITNESS my hand and official seal. My commission expires: Public After recording return to: Dan Kerst, P.C. 823 Blake Ave., Ste. 202, Glenwood Springs, CO 81601 kI 2 1111Ii s tJirtirviithiEt4,1:tiNhNYIrl,INi'l11JIJ Re ept'onf: 778209 2 o 4/2 2Rec Fee:$ 6 002 MDoceFeeR0 BODI CAPFIEID COUNTY CO EXHIBIT "A" COUNTY OF GARFIELD STATE OF COLORADO A parcel of land situated in Section 33, Township 6 South, Range 88 West of the Sixth Principal Meridian, and Section 4, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: Beginning at the South 1/4 corner of said Section 33; thence S 68°50'25" E 222.96 feet; thence N 72°30'00" E 300.00 feet; thence N 35°00'00" E 500.00 feet; thence S 17°30'00" E 1850.00 feet to the southeast corner of the NW1/4NE1/4 of said Section 4; thence N 89°49'27" W along the south line of said NW1/4NE1/4 1330.86 feet to the southwest corner of said NW1/4NE1/4; thence N 00°16'06" W along the west line of said NW1/4NE1/4 1341.00 feet to the South 1/4 corner of said Section 33, the point of beginning; Said parcel contains 36.20 acres, more or less. This Deed is given to correct the unintended omission of the above -described parcel of land from the Grantors' Deed to the Grantee recorded in Book 899 at Page 796 as Reception No. 462134 in the records of the Clerk and Recorder of Garfield County, Colorado. EXHIBIT "A" Page 1 of 1 EXHIBIT 4e 2009 Special Warranty Deed — House Parcel /III IJi' Y�11i��1,�4+�{YI� Hr>titFh'h�ltil�lr'hFIYI�iJ 1N"! II III Receptions: 778210 110 4 22 0 ec9 Fee3$11 2 00„Doc"Fen e Q0n00' GARFIELD COUNTY CO SPECIAL WARRANTY DEED Miriam M. Berkeley, Grantor, for good and valuable consideration, in hand paid, hereby sells and conveys to The Berkeley Family LLLP, a Colorado limited liability limited partnership, Grantee, whose legal address is 4001 County Road 114, Glenwood Springs, Colorado 81601, the following real property in the County of Garfield and State of Colorado, to wit: A PARCEL OF LAND SITUATED IN SECTION 33, TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST -WEST CENTERLINE OF SAID SECTION 33 WHENCE THE EAST 1/4 CORNER OF SAID SECTION 33 BEARS S88°25'59"E (DEED EQUALS 888°28137"E) 565.00 FEET: THENCE S43°02'38"W (DEED EQUALS 843°00'00"W) 780.00 FEET; THENCE S48°02'38"W (DEED EQUALS S48°00'00"W) 330.00 FEET; THENCE S40°02'38"W (DEED EQUALS S40°00'00"W) 160.00 FEET; THENCE S44°02'38"W (DEED EQUALS 844°00'00"W) 104.80 FEET; THENCE N88°25'59"W (DEED EQUALS N88°28'37"W) 1078.78 FEET; THENCE N01 °34'01 "E (DEED EQUALS N01 °31'23"E)1014.20 FEET TO A POINT ON THE EAST -WEST CENTERLINE OF SAID SECTION 33; THENCE ALONG THE EAST -WEST CENTERLINE OF SAID SECTION 33 S88°25'59"E (DEED EQUALS S88°28'37"E) 2005.00 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINS 35.999ACRES, MORE OR LESS, also known as 4001 County Road 114, Glenwood Springs, Colorado 81601; with all its appurtenances, and warrants the title to the same against all persons claiming under the Grantor. NO DOCUMENTARY FEE REQUIRED: Consideration less than $500.00. SIGNED this day of Ave,4,.., h or 2009. Miriamm M. Berkeley After recording return to: Dan Kerst, P.C. 823 Blake Ave., Ste. 202, Glenwood Springs, CO 81601 III h'I��FS11i�a�l4lLhh��h4ltl�h:lilCln'4'�h+{Itf+iIINI! 1I III Recept ono: 778210 I 902 09 12:35 32 PM , Alba i 2 o 2 se Fee:$II 00 DoceF e.0 OD GARFIELD COUIITY CO STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Ths foregoing instrument was acknowledged i�ts�r4nw.2�� , 2009, by Miriam M. Berkeley. WITNESS my hand and official seal. My commission expires: I a- —12— before me this Notary Pu lie i'�' day of ar •�PNELLF fit$ • • NO7g9?im11 • 6"•. BL10 After recording return to: Dan Kerst, P.C. 823 Blake Ave., Ste. 202, Glenwood Springs, CO 81601 EXHIBIT 4f Nieslanik Swap Documents 1111hY�PJ'}iUU4,111511,Pet1in1/4141a0h40411111111111 Recept'ontt: 828750 12 9/2 12 02:41:22 PM Jean alberico 1 o 9 ec Fee:$51.00 Doc Fee:0.00 GARFIELD COUNTY CO TO: Garfield County Clerk and Recorder FROM: The Berkeley Family Limited Partnership ("Berkeley") J&S Nieslanik, LLLP ("Nieslanik") RE: Boundary Line Adjustment Following the Garfield County Boundary Line Adjustment Procedure, this is a letter of explanation describing in simple terms the requested boundary line adjustment. Berkeley and Nieslanik entered into a Contract in 2002 whereby the parties agreed to adjust the boundary line of their respective properties by a conveyance of approximately 17.809 acres from Nieslanik to Berkeley. Berkeley and Nieslanik will be adjusting the boundary between the two parcels as described on the exhibits to the Boundary Line Adjustment Affidavit. Attached to this letter, and recorded in the Garfield County Clerk and Recorder's office, is an Affidavit signed by Berkeley and Nieslanik creating the boundary line adjustment and Exhibits A, B and C to the Affidavit. Recorded concurrently with the Affidavit are two quit claim deeds conveying the properties to the other party. Very truly yours, The Berkeley Family Limited Partnership J&S Nieslanik, LLLP �, �, �✓ gioci �Jy: James P. Nieslanik Its: General Partner 11111 h'i" P?eiNg! «o'«11:IAviecillimilii ,III I Reception#: 828750 12/19/2012 02:41:22 PM Jean Alberico 2 of 9 Rec Fee:$51.00 Doc Fee:0.00 GARFIELD COUNTY CO BOUNDARY LINE ADJUSTMENT AFFIDAVIT The undersigned affiants being first sworn upon thereof, depose and state as follows: 1. We are the owners of real property iri the unincorporated area of Garfield County, which is described in Exhibit "A" which is attached hereto and incorporated herein by reference. 2. We are desirous of adjusting the boundary lines of our parcels and have attached in Exhibit B the "metes and bounds" description of the area being adjusted and in Exhibit C the new legal descriptions of our parcels after the adjustment has been made. We sign this Affidavit in accordance with the Garfield County Unified Land Use Resolution of 2008, as amended. 3. We hereby represent that no new parcels or lots will be created and therefore, that Garfield County will not be required to issue any building permits, other than what it would be required to issue for the already existing parcels. 4. We hereby represent that none of the parcels involved in this boundary line adjustment is part of a previously platted subdivision of record. 5. We hereby represent that the boundary line adjustment made reference to herein will not cause the loss of access by road or to utilities, to any parcel involved. 6. We hereby represent that the boundary line adjustment being made will not result in any of the parcels involved being less than the minimum lot size in their applicable zone district allowed as a result of the boundary line adjustment or create any non- conforming setbacks for any existing structures. 7. We hereby represent that a copy of the Affidavit will be recorded with the Garfield County Clerk and Recorder. FURTHER AFFIANTS SAYETH NOT. DONE this t``tfi'`" day of IDeccre"Otr , 2012. The Berkeley Family Limited Partnership J&S Nieslanik, LLLP 4� V tti/a /� V let el v 4 B James P. Nieslanik Its: General Partner By: /� ,r-4e, Its: .4721/c 1111114 N:Pr1L�i4��ll� I �. ��i«��«��� WI�'I ��� I�I�rL $I"411111 •Reception#: 828750 12/19/2012 02:41:22 PM Jean Alberico 3 of 9 Rec Fee:$51.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing document was subscribed and sworn to before me in the County of Garfield, State of Colorado this ZS `''day of fk est, 2012 by ; ("rut 44 e'ec-x -el -y as el e.-)-1' of The Berkeley Family Limited Partnership. •1 My commission Expires: juWal S • R ccte Notary Public 41 -ao STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing document was subscribed and sworn to before me in the County of Garfield, State of Colorado this J4+11 day of hgeemsfe, 2012 by James P. Nieslanik as General Partner ofJ&S Nieslanik, LLLP. My commission Expires: 3.V.15 �� Notary Public %sot? GRAPE'#,. ••......,. .. •011 * _e: 0 40 • • • • • • irt IIiR1r�PIPPIVi linfi+1MTAGF li1+Cf+ IIII Recept. ontf: 828750 12 49/2 12 02:41:22 PM e n Plberico 4 of 9 ec Fee:$51.00 Doc Fee:0.00 GPRF ELD COUNTY CO EXHIBIT A Existing Property - J & S Nieslanik LLLP Horne Ranch Parcel: Township 6 South, Range 88 West, 6TH P.M. Section 35: NW1/4; N1/2SW I/4; SW 1/4SW1/4; lying North of C.R. 115. Containing 23.87 acres. Section 34: NE1/4; E1/2SE1/4 Section 35: A tract in the SE1/4SW1/4 containing 5.65 acres, more or Tess, as more fully described in Book 930 at Page 490. Township 7 S outh, Range 88 West, 6TH P.M. Section 3: Lot 2 (40 acres); Lot 3 (40 acres); Lot 4 (40 Acres); SW1/4NE1/4; S1/2NW1/4 Section 4: Lot 1 (37.67 Acres) and a portion of SE1/4NE1/4 (15.81 Acres) which is described as lying East of the following line: Beginning at a point whence the NE Corner of Section 4 bears N33°20'30"E, 995.7 feet; thence SOO°30'30"E, 1860.5 feet to the south line of the SE1/4NE1/4. LESS AND EXCEPTING a parcel of land situated in the NE1/4 of Section 4, T7S, R88W, 6°i P.M. which is a parcel containing 17.861 acres and is described as a part of a lot boundary adjustment. Said legal description is attached and made a part of this legal description. The Home Ranch parcel is estimated to contain 856 acres, more or less, and is described on three different schedules including #0500167, #050191, and #11133I. Mountain Parcel located in Garfield and Eagle County, Colorado Township 6 South, Range 87 West, 6TH P.M. Section 20: SE1/4SE1/4 Section 21: W1/2; SE1/4; S1/2NE1/4; NWI/4NE1/4 The schedule number for that portion of the property located in Garfield County is #050168 and the schedule number for that portion of this property located in Eagle County is #024160. This property contains 640 acres, more or less. III lin.111,i4+Li4iFMU PttiN ittil IENhtr3/4+1.11L 11111 Reception#: 828750 12 19/2012 02:41:22 PM Jean Plbe is 5 of 9 Rec Fee:$51.00 Doc Fee:0.00 GARFIELD COUNTY CO Such property was conveyed to J & S Neislanik LLLP by Special Warranty Deed dated December 24, 1997 and Recorded December 26, 1997 at Reception No. 518315 in Book 1047 at Page 914. Existing Property - The Berkeley Family Limited Partnership Township 6 South, Range 88 West of the 6II P.M. Section 32: Lots 5 and 6 Section 33: Lots 7 through 17 inclusive, Lot 20 through 23, inclusive and NE1/4SE1/4 Section 34: SW1/4SW1/4 Township 7 South, Range 88 West of the 6th P.M. Section 4: Lots 2, 3, and 9 EXCEPTING therefrom that parcel of land described to the Board of County Commissioners of Garfield County for road purposes by documents recorded June 3, 1929, in Book 159 at Page 85 as Reception No. 104496 and in Book 159 at Page 87 as Reception No. 104498 Such property was conveyed to The Berkeley Family Limited Partnership by Special Warranty Deed dated April 15, 1994 and Recorded April 22, 1994 at Reception No. 462134 in Book 0899 at Page 796. Illl tars hil+W NIA Iwd rallNlCOMICUlii 11111 Recept ontt: 828750 12 19/2 12 02:41:22 PM Jean R berico 6 of 9 ec Fee:$51.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT B J&S Nieslanik, LLLP to The Berkeley Family Limited Partnership A parcel of land situated in the NE1/4 of Section 4, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being more particularly described as follows: Commencing at the northeast corner of said section 4, a BEM aluminum cap in place, the Point of Beginning; thence S 16°39'55"W 217.38 feet thence S27°00'32"W 277.20 feet; thence S48° 11'02"W 452.97 feet; thence N89°49'27"W 293.53 feet; thence along the arc of a curve to the right having a radius of 200.00 feet and a central angle of 54°02'08", a distance of 188.62 (chord bears N62°47'22"W 181.71 feet); thence N35°45'36"W 8.96 feet; thence along the arc of a non -tangent curve to the right having a radius of 330.00 feet and a central angle of 17°32'59", a distance of 101.08 feet (chord bears 857°47'34"W 100.68 feet); thence S10°53'O1"E 106.92 feet; thence N89°46'S0"W 285.66 feet to a point on the easterly boundary of that property described in Reception No. 462134 of the Garfield County Clerk and Recorder's Office; thence N00°18'44"W along said easterly boundary 336.70 feet; thence continuing along said easterly boundary N89°51'49"E 213.40 feet; thence continuing along said easterly boundary N00°16'49"W 489.84 feet to a point on the northerly boundary of said section 4; thence along said northerly boundary S89°49'20"E 1127.68 feet to the true point of beginning; said parcel containing 17.809 acres, more or less, said parcel to be merged kNith a tract of land presently identified as Reception No. 518315, Book No. 1047, Page No. 914 in the records of the Clerk and Recorder of Garfield County. County of Garfield State of Colorado 1IIIIra PJ'}d+IJ4hII+K1NCWI NI I#1 $I c1011 Pi 11111 Recept onp: 828750 12 9/2 12 02:41 22 PM ean Rlberico 7 0 9 ec Fee:$51.00 DocFee:0.00 GPRFIELD COUNTY CO EXHIBIT C Resulting Legal Description — J&S Nieslanik, LLLP HOME RANCH PARCEL: TOWNSHIP 6 SOUTH, RANGE 88 WEST, 6111 P.M. Section 35: NW1/4; NI/2SW1/4; SW1/4SW1/4; lying North of C.R. 115. Containing 23.87 acres. Section 34: NE1/4; E1/2SE1/4 Section 35: A tract in the SE I/4SW 1 /4 containing 5.65 acres, more or less, as more filly described in Book 930 at Page 490. TOWNSHIP 7 SOUTH, RANGE 88 WEST, 6111 P.M. Section 3: Lot 2 (40 acres); Lot 3 (40 acres); Lot 4 (40 Acres); SW1/4NE1/4; S1/2NW1/4 Section 4: Lot 1 (37.67 Acres) and a portion of SE1/4NE1/4 (15.81 Acres) which is described as lying East of the following line: Beginning at a point whence the NE Corner of Section 4 bears N33°20'30"E, 995.7 feet; thence SOO°30'30"E, 1860.5 feet to the south line of the SE1/4NE1/4. LESS AND EXCEPTING a parcel of land situated in the NE1/4 of Section 4, T7S, R88W, 6th P.M. which is a parcel containing 17.861 acres and is described as a part of a lot boundary adjustment. Said legal description is attached and made a part of this legal description. The Home Ranch parcel is estimated to contain 856 acres, more or less, and is described on three different schedules including #0500167, #050191, and #111331. MOUNTAIN PARCEL located in Garfield and Eagle County, Colorado TOWNSHIP 6 SOUTH, RANGE 87 WEST, 6TH P.M. Section 20: SEI/4SE1/4 Section 21: WI/2;SE1/4;S1/2NEI/4;NW1/4NE1/4 The schedule number for that portion of the property located in Garfield County is #050168 and the schedule number for that portion of this property located in Eagle County is #024160. This property contains 640 acres, more or less. III EA MUMCli/CIFIDVIONCifi.lilii 11111 Recept ont$: 828750 12 19/2 12 02:41:22 PM can Rlbe 'co 8 df 9 eo Fee:$51.00 Doc Fee:0.00 GRRFIELD COUNTY CO EXCEPTING THEREFROM: A parcel of land situated in the NE 1/4 of Section 4, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being more particularly described as follows: Commencing at the northeast corner of said section 4, a BLM aluminum cap in place, the Point of Beginning; thence S16°39'55"W 217.38 feet thence S27°00'32"W 277.20 feet; thence S48°11'02"W 452.97 feet; thence N89°49'27"W 293.53 feet; thence along the arc of a curve to the right having a radius of 200.00 feet and a central angle of 54°02'08", a distance of 188.62 (chord bears N62°47'22"W 181.71 feet); thence N35°45'36"W 8.96 feet; thence along the arc of a non -tangent curve to the right having a radius of 330.00 feet and a central angle of 17°32'59", a distance of 101.08 feet (chord bears S57°47'34"W 100.68 feet); thence S10°53'01"E 106.92 feet; thence N89°46'S0"W 285.66 feet to a point on the easterly boundary of that property described in Reception No. 462134 of the Garfield County Clerk and Recorder's Office; thence N00°18'44"W along said easterly boundary 336.70 feet; thence continuing along said easterly boundary N89°51'49"E 213.40 feet; thence continuing along said easterly boundary N00°16'49"W 489.84 feet to a point on the northerly boundary of said section 4; thence along said northerly boundary S89°49'20"E 1127.68 feet to the true point of beginning; said parcel containing 17.809 acres, more or less. Resulting Legal Description - The Berkeley Family Limited Partnership A Parcel of land situated in government Lots 5 and 6, Section 32, Lots 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 20, 21, 22, 23 and the NE1/4SE1/4 of Section 33, SWI/4SW1/4 and the NW 1/4S W 1/4 of Section 34 all in Township 6 South, Range 88 West of the 6th Principal Meridian, and also Lots 1, 2, 3 and 9 of Section 4, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, said parcel being more particularly described as follows: Commencing at the South Quarter Corner of said Section 33, A 2-1/2" brass cap L S No. 5933 found in place, the point of beginning; thence N. 89°40'02" W. along the sourtherly boundary of said Section 33 a distance of 2502.71 feet to the southwest corner of said Gov't Lot 20, a 3-1/4" aluminum cap L.S. No. 19598 found in place; thence N. 01°58'08" E. along the westerly boundary of said Gov't Lot 20 AND 17 a distance of 2,064.02 feet to the northwest corner of said Gov't Lot 17, a 3-1/4" aluminum cap 19598 found in place; thence N. 87°10'45" W. along the southerly boundary of said Gov't Lot 9 AND 6 a distance of 1382.36 feet to the southwest corner of said Gov't Lot 6; thence N. 01 °43'36" E. along the westerly boundary of said Gov't Lot 6 AND 5 a distance of 1290.42 feet to the northwest corner of said Gov't Lot 5 (whence a witness corner to the northwest corner of said Lot 5 bears N. O1°43'36" E. a distance of 29.83 feet); thence S. 89°05'51" E. along the northerly boundary of said Lot 5, a distance of 1166.84 feet to the northeast corner of said Lot 5, a 3-1/4" aluminum cap L.S. No. 19598 found in place; thence S. 89°12'41" E. along the northerly boundary of said Gov't Lot 8 AND 7 a distance of 1529.49 to the northeast corner of said Lot, a 2-1/2" Garfield County Surveyor aluminum 1111 ! '.‘ 11:1) J411i1i EN11i1,111171 40,MAI INH1 11111 Recept on#: 828750 ' 12/19/2 12 02:41 22 PM can Albe ico 9 of'9 Rep Fee:$51.00 Doc Fee:0.00 GPRFIELD COUNTY CO cap found in place; thence S. 01°58'10" W. along the easterly boundary of said Lot 7 a distance of 838.23 feet to the southeast corner of said Lot 7, a 2-1/2" aluminum cap L.S. No. 5933 found in place; thence S. 88°25'59" E. along the northerly boundary of said Gov't Lot II a distance of 1113.33 feet to the center quarter corner of said Section 33, a 3-1/4" Garfield County Surveyor aluminum cap found in place; thence S. 88°25'59" E. along the northerly boundary of said Gov't Lot 12 a distance of 1255.38 feet to the center -east sixteenth corner of said Section 33, a 2-1/2" aluminum cap L.S. No. 5933 found in place; thence S. 88°25'59" E. along the northerly boundary of the NE1/4SE1/4 of said Section 33 a distance of 1255.38 feet to the east quarter corner of said Section 33, a 2-1/2" aluminum cap L.S. No. 5933 found in place; thence N. 89°59'25" E. along the northerly boundary of the NW 1/4SW 1/4 of said Section 34 a distance of 201.90 feet; thence leaving said northerly boundary S. 03°45'23" E. a distance of 1233.01 feet to a point on the southerly boundary of said NW 1/4SW 1/4; thence N. 89°02'47" E. along said southerly boundary a distance of 807.09 feet; thence leaving said southerly boundary S. 02°50'09" E. a distance of 1220.54 feet to a point on the southerly boundary of the SW/14SW1/4 of said Section 34; thence S. 88°10'28" W. along said southerly boundary a distance of 984. 24 feet to the southeast corner of Section 33, a 2" Bureau of Land Management aluminum cap found in place; thence; S. 16°39'59" W. a distance of 217.38 feet; thence S. 27°00'32" W. a distance of 277.20 feet; thence S. 48°11'02' W. a distance of 452.97 feet; thence N. 89°49'27" W. a distance of 293.51 feet; thence along the arc of a tangent curve to the right having a radius of 200.00 feet and central angle of 54°02'27", a distance of 188.64 feet (chord bears N. 62°47'31" W. a distance of 181.72 feet); thence N. 35°45'36" W. a distance of 8.96 feet; thence S. 57°47'34" W. a distance of 100.68 feet to a point in an existing fence; thence S. 10°53'O1" E. along said fence a distance of 648.15 feet to an angle point in said fence; thence continuing along said fence N. 89° 15'38" W. a distance of 1728.64 feet to a point in the westerly boundary of the S W 1/4NE 1 /4 of said Section 4; thence N. 00° 13'22" W. along said westerly boundary a distance of 1342.18 feet to the point of beginning. 1111 MilleiMV.41.1101,10.5114 €1 ' 1'I611 Rini 111111 Reception#: 828751 12/19/2012 02:41:22 PM Jean Alberico 1 of 2 Rec Fee:$16.00 Doc Fee:0.00 GARFIELD COUNTY CO QUIT CLAIM DEED THIS QUIT CLAIM DEED is made this /Way of 9ece tvt bet , 2012, between J&S NIESLANIK, LLLP, of the County of Garfield and State of Colorado, Grantor, and THE BERKELEY FAMILY LIMITED PARTNERSHIP whose legal address is 4001 County Road 1 14, Glenwood Springs, CO 81601, of the County of Garfield and State of Colorado, Grantee: WITNESS, that the Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledge, has remised, released, sold, conveyed, and QUITCLAIMED, and by these p►esent does remise, release, sell, convey and QUITCLAIM unto the Grantee, its successors and assigns, forever, all the right, title, interest, claim and demand which the Grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado, described as follows: SEE EXHIBIT A ATTACHED HERETO also known by street number as: N/A TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the Grantor, either in law or in equity, to the only tamper use, benefit, and behoof of the Grantee, his heirs, successors and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this Deed on the date set forth above. J&S NIESLAN K, LLP L' By: James P. Nieslanik Its: General Palmer STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) j aisEL The foregoing instrument was acknowledged before me this 1401 day of , 2012, by James P. Nieslanik as General Partner ofJ&S Nieslanik, LLLP. Witness my hand and official seal. My commission expires: 3.1c • /5 Notary Public �I!Ih'ir�PJ'}IN), P.Ndh611 IIIII ,,Recept ontt: 82875 12 9/2 12 02:41:22 PM Jea talberico 2 o 2 ec Fee:616.00 Doc F e:0.00 GRRFIELD COUNTY CO EXHIBIT A A parcel of land situated in the NEI/4 of Section 4, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being more particularly described as follows: Commencing at the northeast corner of said section 4, a BLM aluminum cap in place, the Point of Beginning; thence S16°39'55"W 217.38 feet thence S27°00'32"W 277.20 feet; thence S48°11'02"W 452.97 feet; thence N89°49'27"W 293.53 feet; thence along the arc of a curve to the right having a radius of 200.00 feet and a central angle of 54°02'08", a distance of 188.62 (chord bears N62°47'22"W 181.71 feet); thence N35°45'36"W 8.96 feet; thence along the arc of a non -tangent curve to the right having a radius of 330.00 feet and a central angle of 17°32'59", a distance of 101.08 feet (chord bears S57°47'34"W 100.68 feet); thence S10°53'O1"E 106.92 feet; thence N89°46'S0"W 285.66 feet to a point on the easterly boundary of that property described in Reception No. 462134 of the Garfield County Clerk and Recorder's Office; thence NOO° 18'44"W along said easterly boundary 336.70 feet; thence continuing along said easterly boundary N89°51'49"E 213.40 feet; thence continuing along said easterly boundary NOO°16'49"W 489.84 feet to a point on the northerly boundary of said section 4; thence along said northerly boundary S89°49'20"E 1127.68 feet to the true point of beginning; said parcel containing 17.809 acres, more or Tess. County of Garfield State of Colorado Quit Claim Deed Page 2 When recorded, please return to: Beattie, Chadwick & Haupt, LLP 932 Cooper Avenue Glenwood Springs, CO 81601 EXHIBIT 4g CMC Swap Documents III' 'iMPOSIPl ittr. 'AI1/2J.IW,1Klitil Pi 11111 Recept ontt: 828747 12 19/2012 02:41 22 PM Jean Albe ico 1 of 12 Rec Fee:666.00 Doc Fee:0.00 GPRFIELD COUNTY CO TO: Garfield County Clerk and Recorder FROM: The Berkeley Family Limited Partnership ("Berkeley") Colorado Mountain Junior College District ("CMC") RE: Boundary Line Adjustment Following the Garfield County Boundary Line Adjustment Procedure, this is a letter of explanation describing in simple terms the requested boundary line adjustment. Berkeley and CMC entered into a Contract in 2002 whereby the parties agreed to exchange the properties described herein for equal value. Berkeley and CMC will be adjusting the boundary between the two parcels as described on the exhibits to the Boundary Line Adjustment Affidavit. Attached to this letter, and recorded in the Garfield County Clerk a id Recorder's office, is an Affidavit signed by Berkeley and CMC creating the boundary line adjustment and Exhibits A, B and C to the Affidavit. Recorded concurrently with the Affidavit are two quit claim deeds conveying the properties to the other party. Very truly yours, The Berkeley Family Limited Partnership By: /i •v nv </ /.,71� Its: Ao4 7 Colorado Mountain Junior College District ill RAII111,11:),POlvit Wilni W+'ldi �w fiw IN 11111 Receptiont: 828747 12 19/2012 02:41:22 PM Jean Rlberico 2 of 12 Rao Fee:$66.00 Coo Fee:0.00 GRRFIELD COUNTY CO BOUNDARY LINE ADJUSTMENT AFFIDAVIT The undersigned affiants being first sworn upon thereof, depose and state as follows: 1. We are the owners of real property in the unincorporated area of Garfield County, which is described in Exhibit "A" which is attached hereto and incorporated herein by reference. 2. We are desirous of adjusting the boundary lines of our parcels and have attached in Exhibit B the "metes and bounds" description of the area being adjusted and in Exhibit C the new legal descriptions of our parcels after the adjustment has been made. We sign this Affidavit in accordance with the Garfield County Unified Land Use Resolution of 2008, as amended. 3. We hereby represent that no new parcels or lots will be created and therefore, that Garfield County will not be required to issue any building permits, other than what it would be required to issue for the already existing parcels. 4. We hereby represent that none of the parcels involved in this boundary line adjustment is part of a previously platted subdivision of record. 5. We hereby represent that the boundary line adjustment made reference to herein will not cause the loss of access by road or to utilities, to any parcel involved. 6. We hereby represent that the boundary line adjustment being made will not result in any of the parcels involved being Tess than the min mum lot size in their applicable zone district allowed as a result of the boundary line adjustment or create any non- conforming setbacks for any existing structures. 7. We hereby represent that a copy of the Affidavit will be recorded with the Garfield County Clerk and Recorder. FURTHER AFFIANTS SAYETH NOT. DONE this �0 day of c kLbey , 2012. The Berkeley Family Limited Partnership Colorado Mountain Junior College District 11III h'i" 111%1h.') IJ/s1ItrI 14C1,111119111 rifir I'i'Ii").NN" 11111 Reception#: 828747 12/19/2012 02:41:22 PM Jean Alberico 3 of 12 Rec Fee:$66.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing document was subscribed and sworn to before me in the County of Garfield, State of Coloi ado this LS"i" day of August, 2012 by fn+r,e% Scrs et zy as 0.6 c..-t- of The Berkeley Family Limited Partnership. My commission Expires: URI" S %4 Notary Public 'F 2--►y STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing document was subscribed and sworn to before me in the County of t0- •tield, State of Colorado this 1p day of ( / �r -„ 012 � �f � f ow GI as e-s(d t of Colorado Mo 1 itain Junior .Ileg- Distri S My commission Expires: 77on- DEFJBIE NOVAI< NOTARY PUBLIC ;.;-IMF OF COLORADO ..,... July 28, 2016 ary Public 2 .11III IWr,10,1 1) IkII??#h Nhrllii Wi.tin! NUN 11111 Recepllonil: 828747 12 19/2012 02:41:22 PM Jean Rlberioo 4 of 12 Reo Fee:$66.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A Existing Property — Colorado Mountain Junior College District A tract or parcel of land in the NW 1/4SW 1/4 of Section 34, Township 6 South, Range 88 West, of the Sixth Principal Meridian, in Garfield County, Colorado, said tract or parcel being more particularly described as follows: Beginning at a point on the west line of Section 34, Township 6 South, Range 88 West, of the Sixth Principal Meridian, from which point the SW comer of said Section 34 bears S. 4°071E., a distance of 1,236.0 feet; 1. Thence N. 4°07' W., along the west line of said Section 34, a distance of 1,236.0 feet, to the west 1/4 corner of said Section 34; 2. Thence S. 89°57' E., along the north line of the NW 1/4SW 1/4 of said Section 34, a distance of 376.7 feet; 3. Thence S. 2°00' E, a distance of 1,230.4 feet, to the south line of the NW1/4SW 1/4 of said Section 34; 4. Thence S. 89°30'30" W, along the south line of the NW1/4SWI/4 of said Section 34, a distance of 330.9 feet, more or less, to the Point of Beginning. County of Garfield State of Colorado Such property was conveyed to Colorado Mountain Junior College District by a Deed dated December 20, 1968 and Recorded July 15, 1969 at Reception No. 243857 in Book 403 at Page 243 and Deed dated February 5, 1969 and Recorded July 15, 1969 at Reception No. 243858 in Book 403 at Page 245. AND The NI/2SW1/4, SE1/4SW1/4, Section 34, Township 6 South, Range 88 West of the 6th Principal Meridian. County of Garfield State of Colorado Such property was conveyed to Colorado Mountain Junior College District by a Deed dated October 9, 1973 and Recorded April 21, 1977 at Reception No. 278031 in Book 495 at Page 687. Existing Property— The Berkeley Family Limited Partnership Township 6 South, Range 88 West of the 611' P.M. Section 32: Lots 5 and 6 Section 33: Lots 7 through 17 inclusive, Lot 20 through 23, inclusive and NE1/4SE1/4 Section 34: SW1/4SW1/4 111 Irslaire),FilHhilillliV Ii1LIN411III Receptiontt: 828747 12 19/2012 02:41:22 PM Jean Rlberlco 5 o/ 12 Rec Fee:$66.00 Doc Fee:0.00 GRRFIELD COUNTY CO Township 7 South, Range 88 West of the 6ih P.M. Section 4: Lots 2, 3, and 9 EXCEPTING therefrom that parcel of land described to the Board of County Commissioners of Garfield County for road purposes by documents recorded June 3, 1929, in Book 159 at Page 85 as Reception No. 104496 and in Book 159 at Page 87 as Reception No. 104498 County of Garfield State of Colorado Such property was conveyed to The Berkeley Family Limited Partnership by Special Warranty Deed dated April 15, 1994 and Recorded April 22, 1994 at Reception No. 462134 in Book 0899 at Page 796. Reception8: 828747 12 19/2012 02:41 22 PM Jean Rlberi 6 of 12 Rec Fee:$66.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT B Colorado Mountain Junior College District to The Berkeley Family Limited Partnership Parcel A: A Parcel of land situated in the NW1/4SW 1/4 Section 34, Township 6 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said Parcel being more particularly described as follows: Commencing at the West Quarter Corner of Section 34, an Aluminum Cap L.S. No. 5993 found in place, the Point of Beginning; thence N 89°51'50" E along the Northerly Line of the NW1/4SW 1/4 Section 34 a distance of 201.90 feet; thence leaving said Northerly Line S 03°53'31" E a distance of 1233.02 feet, to a point on the Southerly Line of said NW1/4SW1/4; thence along said Southerly Line S 89°13'59" W a distance of 199.56 feet, to S1/16 of Section 34 and 33, a 2-1/2" Garfield County Surveyor Brass Cap found in place; thence N 03°59'40" W along said Westerly Line of said Section 34 a distance of 1235.37 feet to the Point of Beginning; said Parcel containing 5.676 acres, more or less, said parcel to be merged with a tract of land presently identified by Deed Recorded July 15, 1969 at Reception No. 243857 in Book 403 at Page 243, by Deed Recorded July 15, 1969 at Reception No. 243858 in Book 403 at Page 245 and by Deed Recorded April 21, 1977 at Reception No. 278031 in Book 495 at Page 687in the records of the Clerk and Recorder of Garfield County. County of Garfield State of Colorado Parcel B: A Parcel of Land situated in the NE 'A Section 4, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: Commencing at the N1/4 corner of Section 4; thence S 45°03'03"E a distance of 1905.62 feet to the northeast sixteenth corner of said Section 4, also being the southeast corner of that property described in Reception No. 419600 in the Garfield County Clerk and Recorder's Office, the Point of Beginning; thence NOO°18'44"W along the westerly line of said Reception No. 419600 a distance of 514.40 feet to the northwest corner; thence S89°46'50"E along the northerly line of said Reception No. 419600 a distance of 285.66 feet to a point in an existing fence; thence leaving said northerly line S 10°53'01 "E along said existing fence a distance of 541.23; thence continuing along said existing fence N89°15"38"W a distance of 1728.64 feet to a point on the north -south centerline of said Section 4; thence leaving said existing fence N00°13'22"W along said north -south centerline a distance of 1.04 feet to a point on the northerly line of that property described 1111 Fs P1'4iil'),006l41Clii,Pii NliL V I ' RN II III Recept onhi: 828747 2 19/2 12 02:41 22 PM Jean Alberico 7 o 12 Rec Fee:$66.00 Doc Fee:0.00 GARFIELD COUNTY CO in Reception No. 280798 in the Garfield County Clerk and Recorder's Office; thence leaving said north -south centerline S89°46'50"E along said northerly line a distance of 1343.47 feet to the Point of Beginning said parcel containing 4.293 ac. more or less, said parcel to be merged with a tract of land presently identified by Deed Recorded July 15, 1969 at Reception No. 243857 in Book 403 at Page 243, by Deed Recorded July 15, 1969 at Reception No. 243858 in Book 403 at Page 245 and by Deed Recorded April 21, 1977 at Reception No. 278031 in Book 495 at Page 687in the records of the Clerk and Recorder of Garfield County. County of Garfield State of Colorado The Berkeley Family Limited Partnership to Colorado Mountain Junior College District A Parcel of land situated in the SW1/4SW 1/4 Section 34, Township 6 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said Parcel being more particularly described as follows: Commencing at the Southwest Corner of Section 34, a 2-1/2" Garfield County Surveyor Brass Cap found in place; thence N 88°10 28" E along the Southerly Line of said Section 34 a distance of 984.24 feet, to the Point of Beginning; thence leavings said Southerly line N 02°50'09" W a distance of 1220.49 feet to a point on the Northerly Line of the S W 1/4S W 1 /4 of said Section 34; thence N 89°02'17" E along said Northerly Line a distance of 358.19 feet to Southwest Sixteenth Corner of said Section 34; thence S 02°50'09" E a distance of 1215.09 feet to the West Sixteenth corner of said Section 34 and Section 3, Township 7 South, Range 88 West of the Sixth Principal Meridian; thence S 88°10 28" W along the Southerly Line of said Section 34 a distance of 358.06 feet, to the Point of Beginning; said Parcel containing 10.008 acres, more or less said parcel to be r ierged with a tract of land presently identified as Reception No. 518315, Book No. 1047, Page No. 914 in the records of the Clerk and Recorder of Garfield County. County of Garfield State of Colorado 1111IW.P14,ih'l,htki' L 11111 Recept ont: 828747 12 19/2 12 02:41:22 P11 ean Alba: ico D of 12 Rec Fee:$66.00 Doc Fee:0.00 GPRFIELD COUNTY CO EXHIBIT C Resulting Legal Description — Colorado Mountain Junior College District A tract or parcel of land in the NW I/4SW 1/4 of Section 34, Township 6 South, Range 88 West, of the Sixth Principal Meridian, in Garfield County, Colorado, said tract or parcel being more particularly described as follows: Beginning at a point on the west line of Section 34, Township 6 South, Range 88 West, of the Sixth Principal Meridian, from which point the SW corner of said Section 34 bears S. 4°071E., a distance of 1,236.0 feet; 1. Thence N. 4°07' W., along the west line of said Section 34, a distance of 1,236.0 feet, to the west 1/4 corner of said Section 34; 2. Thence S. 89°57' E., along the north line of the NW 1/4SW 1/4 of said Section 34, a distance of 376.7 feet; 3. Thence S. 2°00' E., a distance of 1,230.4 feet, to the south line of the NW 1/4SW 1/4 of said Section 34; 4. Thence S. 89°30'30" W, along the south line of the NW 1/4SW 1/4 of said Section 34, a distance of 330.9 feet, more or less, to the Point of Beginning. County of Garfield State of Colorado AND The N1/2SW1/4, SE1/4SW1/4, Section 34, Township 6 South, Range 88 West of the 6th Principal Meridian. County of Garfield State of Colorado AND A Parcel of land situated in the S W 1/4SW 1/4 Section 34, Township 6 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said Parcel being more particularly described as follows: Commencing at the Southwest Corner of Section 34, a 2-1/2" Garfield County Surveyor Brass Cap found in place; thence N 88° 10 28" E along the Southerly Line of said Section 34 a distance of 984.24 feet, to the Point of Beginning; thence leavings said Southerly line N 02°50'09" W a distance of 1220.49 feet to a point on the Northerly Line of the S W 1 /4SW 1 /4 of said Section 34; thence N 89°02'17" E along said Northerly Line a distance of 358.19 feet to Southwest Sixteenth Corner of said Section 34; thence S 02°50'09" E a distance of 1215.09 feet to the West Sixteenth corner of said Section 34 and Section 3, Township 7 South, Range 88 West of the Sixth Principal Meridian; thence S 88° 10 28" W along the Southerly Line of said Section 34 a distance of 358.06 feet, to the Point of Begimiing; said Parcel containing 10.008 acres, more or less. MillianfildfaIO\UW1 VR K4YKIhMM RN .1111 Recept"ono: 828747 12 19/2012 02:41 22 PM Jean Rlberico 9 of 12 Reo Fee:$66.00 Doc Fee:0.00 GRRFIELD COUNTY CO County of Garfield State of Colorado AND EXCEPTING THEREFROM Parcel A: A Parcel of land situated in the NW1/4SW 1/4 Section 34, Township 6 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said Parcel being more particularly described as follows: Commencing at the West Quarter Corner of Section 34, an Aluminum Cap L.S. No. 5993 found in place, the Point of Beginning; thence N 89°51'50" E along the Northerly Line of the NW1/4SW 1/4 Section 34 a distance of 201.90 feet; thence leaving said Northerly Line S 03°53'31" E a distance of 1233.02 feet, to a point on the Southerly Line of said NW1/4SW1/4; thence along said Southerly Line S 89°13'59" W a distance of 199.56 feet, to S1/16 of Section 34 and 33, a 2-1/2" Garfield County Surveyor Brass Cap found in place; thence N 03°59'40" W along said Westerly Line of said Section 34 a distance of 1235.37 feet to the Point of Beginning; said Parcel containing 5.676 acres, more or less. County of Garfield State of Colorado Parcel B: A Parcel of Land situated in the NE'/ Section 4, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: Commencing at the NI/4 corner of Section 4; thence S 45°03'03"E a distance of 1905.62 feet to the northeast sixteenth corner of said Section 4, also being the southeast corner of that property described in Reception No. 419600 in the Garfield County Clerk and Recorder's Office, the Point of Beginning; thence NOO°18'44"W along the westerly line of said Reception No. 419600 a distance of 514.40 feet to the northwest corner; thence S89°46'50"E along the northerly line of said Reception No. 419600 a distance of 285.66 feet to a point in an existing fence; thence leaving said northerly line S 10°53'01 "E along said existing fence a distance of 541.23; thence continuing along said existing fence N89°15"38"W a distance of 1728.64 feet to a point on the north -south centerline of said Section 4; thence leaving said existing fence NOO°13'22"W along said north -south centerline a distance of 1.04 feet to a point on the northerly line of that property described in Reception No. 280798 in the Garfield County Clerk and Recorder's Office; thence leaving said north -south centerline S89°46'S0"E along said northerly line a distance of 1343.47 feet to the Point of Beginning said parcel containing 4.293 ac. more or less. County of Garfield MID hWi tliK IMEN'Lhe fliT tifItl', ll1/4 iI 4 II III Reoept onti: 828747 12 9/2012 02:41 22 PM Jean Al e lco 10 f 12 Rec Fee $66.00 Doc Fee:0 00 GARFIELD COUNTY CO State of Colorado Resulting Legal Description — The Berkeley Family Limited Partnership A Parcel of land situated in government Lots 5 and 6, Section 32, Lots 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 20, 21, 22, 23 and the NE1/4SE1/4 of Section 33, SW1/4SW1/4 and the NW 1/4SW 1/4 of Section 34 all in Township 6 South, Range 88 West of the 6th Principal Meridian, and also Lots 1, 2, 3 and 9 of Section 4, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, said parcel being more particularly described as follows: Commencing at the South Quarter Corner of said Section 33, A 2-1/2" brass cap L.S. No. 5933 found in place, the point of beginning; thence N. 89°40'02" W. along the sourtherly boundary of said Section 33 a distance of 2502.71 feet to the southwest corner of said Gov't Lot 20, a 3-1/4" aluminum cap L.S. No. 19598 found in place; thence N. O1°58'08" E. along the westerly boundary of said Gov't Lot 20 AND 17 a distance of 2,064.02 feet to the northwest corner of said Gov't Lot 17, a 3-1/4" aluminum cap 19598 found) in place; thence N. 87°10'45" W. along the southerly boundary of said Gov't Lot 9 AND 6 a distance of 1382.36 feet to the southwest corner of said Gov't Lot 6; thence N. 01 °43'36" E. along the westerly boundary of said Gov't Lot 6 AND 5 a distance of 1290.42 feet to the northwest corner of said Gov't Lot 5 (whence a witness corner to the northwest corner of said Lot 5 bears N. 01 °43'36" E. a distance of 29.83 feet); thence S. 89°05'51" E. along the northerly boundary of said Lot 5, a distance of 1166.84 feet to the northeast corner of said Lot 5, a 3-1/4" aluminum cap L.S. No. 19598 found in place; thence S. 89° 12'41 " E. along the northerly boundary of said Gov't Lot 8 AND 7 a distance of 1529.49 to the northeast corner of said Lot, a 2-1/2" Garfield County Surveyor aluminum cap found in place; thence S. 01°58'10" W. along the easterly boundary of said Lot 7 a distance of 838.23 feet to the southeast corner of said Lot 7, a 2-1/2" aluminum cap L.S. No. 5933 found in place; thence S. 88°25'59" E. along the northerly boundary of said Gov't Lot 11 a distance of 1113.33 feet to the center quarter corner of said Section 33, a 3-1/4" Garfield County Surveyor aluminum cap found in place; thence S. 88°25'59" E. along the northerly boundary of said Gov't Lot 12 a distance of 1255.38 feet to the center -east sixteenth corner of said Section 33, a 2-1/2" aluminum cap L.S. No. 5933 found in place; thence S. 88°25'59" E. along the northerly boundary of the NE1/4SEI/4 of said Section 33 a distance of 1255.38 feet to the east quarter corner of said Section 33, a 2-1/2" aluminum cap L.S. No. 5933 found in place; thence N. 89°59'25" E along the northerly boundary of the NW I/4SW 1/4 of said Section 34 a distance of 201.90 feet; thence leaving said northerly boundary S. 03°45'23" E. a distance of 1233.01 feet to a point on the southerly boundary of said NWI/4SW1/4; thence N. 89°02'47" E. along said southerly boundary a distance of 807.09 feet; thence leaving said southerly boundary S. 02°50'09" E a distance of 1220.54 feet to a point on the southerly boundary of the S W/I4S W I/4 of said Section 34; thence S. 88°10'28" W. along said southerly boundary a distance of 984. 24 feet to the southeast corner of Section 33, a 2" Bureau of Land Management aluminum cap found in place; thence; S. 16°39'59" W. a distance of 217.38 11111 P.6111 11)d41.1..141M4 7141CAINVIIiii 11111 Recept'ontt: 828747 12 19/2012 02:41.22 PM Jean Plberlco 11 of 12 Rec Fee.$66.00 Doc Fee:0.00 GPRFIELD COUNTY CO feet; thence S. 27°00'32" W. a distance of 277.20 feet; thence S. 48° 11'02' W. a distance of 452.97 feet; thence N. 89°49'27" W. a distance of 293.51 feet; thence along the arc of a tangent curve to the right having a radius of 200.00 feet and central angle of 54°02'27", a distance of 188.64 feet (chord bears N. 62°47'31" W. a distance of 181.72 feet); thence N. 35°45'36" W. a distance of 8.96 feet; thence S. 57°47'34" W. a distance of 100.68 feet to a point in an existing fence; thence S. 10°53'01" E along said fence a distance of 648.15 feet to an angle point in said fence; thence continuing along said fence N. 89° 15'38" W. a distance of 1728.64 feet to a point in the westerly boundary of the S W 1/4NE1/4 of said Section 4; thence N. 00°13'22" W. along said westerly boundary a distance of 1342.18 feet to the point of beginning. AND INCLUDING Parcel A: A Parcel of land situated in the NW 1/4SW 1/4 Section 34, Township 6 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said Parcel being more particularly described as follows: Commencing at the West Quarter Corner of Section 34, an Aluminum Cap L.S. No. 5993 found in place, the Point of Beginning; thence N 89°51'50" E along the Northerly Line of the NW I/4SW 1/4 Section 34 a distance of 201.90 feet, thence leaving said Northerly Line S 03°53'31" E a distance of 1233.02 feet, to a point on the Southerly Line of said NW 1/4SW 1/4; thence along said Southerly Line S 89°13'59" W a distance of 199.56 feet, to S 1/16 of Section 34 and 33, a 2-1/2" Garfield County Surveyor Brass Cap found in place; thence N 03°59'40" W along said Westerly Line of said Section 34 a distance of 1235.37 feet to the Point of Beginning; said Parcel containing 5.676 acres, more or less. County of Garfield State of Colorado Parcel B: A Parcel of Land situated in the NE'/ Section 4, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: Commencing at the N1/4 corner of Section 4; thence S 45°03'03"E a distance of 1905.62 feet to the northeast sixteenth corner of said Section 4, also being the southeast corner of that property described in Reception No. 419600 in the Garfield County Clerk and Recorder's Office, the Point of Beginning; thence NOO°18'44"W along the westerly line of said Reception No. 419600 a distance of 514.40 feet to the northwest corner; thence S89°46'S0"E along the northerly line of said Reception No. 419600 a distance of 285.66 feet to a point in an existing fence; thence leaving said northerly line S 10°53'01 "E along said existing fence a distance of 541.23; thence continuing along said existing fence N89° 15"38"W a distance of 1728.64 feet to a point on the north -south centerline of said 11111 rid k11d4111TelidOII+rKEVIAIrfr,hlli 11111 Reception8: 828747 1212I f 12Re 12 o2Fee�' :866.00 Doc Fee:0.00 0.00 GARFIELD COUNTY CO Section 4; thence leaving said existing fence NOO°13'22"W along said north -south centerline a distance of 1.04 feet to a point on the northerly line of that property described in Reception No. 280798 in the Garfield County Clerk and Recorder's Office; thence leaving said north -south centerline S89°46'50"E along said northerly line a distance of 1343.47 feet to the Point of Beginning said parcel containing 4.293 ac. more or less. County of Garfield State of Colorado AND EXCEPTING THEREFROM A Parcel of land situated in the S W 1 /4S W 1/4 Section 34, Township 6 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said Parcel being more particularly described as follows: Commencing at the Southwest Corner of Section 34, a 2-1/2" Garfield County Surveyor Brass Cap found in place; thence N 88°10'28" E along the Southerly Line of said Section 34 a distance of 984.24 feet, to the Point of Beginning; thence leavings said Southerly line N 02°50'09" W a distance of 1220.49 feet to a point on the Northerly Line of the S W 1 /4S W 1 /4 of said Section 34; thence N 89°02'17" E along said Northerly Line a distance of 358.19 feet to Southwest Sixteenth Corner of said Section 34; thence S 02°50'09" E a distance of 1215.09 feet to the West Sixteenth corner of said Section 34 and Section 3, Township 7 South, Range 88 West of the Sixth Principal Meridian; thence S 88° 10 28" W along the Southerly Line of said Section 34 a distance of 358.06 feet, to the Point of Beginning; said Parcel containing 10.008 acres, more or less. County of Garfield State of Colorado III h'i'1. a:1,111 ?H'Uti 11ir7 I4h:f TIONGWItibliii 11111 Reception#: 828749 12/19/2012 02:41:22 PM Jean Alberico 1 of 2 Rec Fee:$16.00 Doc Fee:0.00 GARFIELD COUNTY CO QUIT CLAIM DEED THIS QUIT CLAIM DEED is made this Zt day of Ault., , 2012, between THE BERKELEY FAMILY LIMITED PARTNERSHIP of the County of Garfield and State of Colorado, Grantor, and COLORADO MOUNTAIN JUNIOR COLLEGE DISTRICT whose legal address is 4001 Road 114, Glenwood Springs, CO 81601, of the County of Garfield and State of Colorado, Grantee: WITNESS, that the Grantor, for and in consideration of the stun of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledge, has remised, released, sold, conveyed, and QUITCLAIMED, and by these present does remise, release, sell, convey and QUITCLAIM unto the Grantee, its successors and assigns, forever, all the right, title, interest, claim and demand which the Grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado, described as follows: SEE EXHIBIT A ATTACHED HERETO also known by street number as: N/A TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the Cantor, either in law or in equity, to the only proper use, benefit, and behoof of the Grantee, his heirs, successors and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this Deed on the date set forth above. THE BERKELEY FAMILY LIMITED PARTNERSHIP By: jh .. c4rl 4v Its: STATE OF COLORADO ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this ZS ay of fAttg t. s }- , 2012, by Al c Chu <-I B ert e I as a -e •- of The Berkeley Family Limited Partnership. Witness my hand and official seal. My commission expires: l 3' Notary Public III In11:1,dh11,144 NCIlrl Nfili:I iMI#L Nisi 1III Recept on#: 828749 1co 22o g22 ec F e:$16 OooNDoceFee:0.00an � GPRFIELD COUNTY CO EXHIBIT A A Parcel of land situated in the SWI/4SW 1/4 Section 34, Township 6 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said Parcel being more particularly described as follows: Commencing at the Southwest Corner of Section 34, a 2-1/2" Garfield County Surveyor Brass Cap found in place; thence N 88° 10 28" E along the Southerly Line of said Section 34 a distance of 984.24 feet, to the Point of Beginning; thence leavings said Southerly line N 02°50'09" W a distance of 1220.49 feet to a point on the Northerly Line of the SWI/4SW1/4 of said Section 34; thence N 89°02'17" E along said Northerly Line a distance of 358.19 feet to a point on the Easterly Line of said SW 1/4S W I/4 Section 34; thence S 02°50'09" E along said Easterly Line a distance of 1215.09 feet to a point on the Southerly Line of said Section 34; thence S 88°10'28" W along said Southerly Line a distance of 358.6 feet, to the Point of Beginning; said Parcel containing 10.008 acres, more or less. County of Garfield State of Colorado Quit Claim Deed Page 2 When recorded please return to: Beattie, Chadwick & Houpt, LLP 932 Cooper Avenue Glenwood Springs, CO 81601 111 EML N: iliANw,n+ii'i Ii61tIi4:«6:11111 1iili Kiliii111111 Mountain Junior College District. Reception#: 828748 12/19/2012 02:41:22 PM Jean Alberico 1 of 2 Rec Fee:$16.00 Doc Fee:0.00 GARFIELD COUNTY CO QUIT CLAIM DEED THIS QUIT CLAIM DEED is made this Lrtli day of Decemb cc , 2012, between COLORADO MOUNTAIN JUNIOR COLLEGE DISTRICT, of the County of Garfield and State of Colorado, Grantor, and THE BERKELEY FAMILY LIMITED PARTNERSHIP whose legal address is 4001 County Road 114, Glenwood Springs, CO 81601, of the County of Garfield and State of Colorado, Grantee: WITNESS, that the Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledge, has remised, released, sold, conveyed, and QUITCLAIMED, and by these present does remise, release, sell, conve) and QUITCLAIM unto the Grantee, its successors and assigns, forever, all the right, title, interest, claim and demand which the Grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado, described as follows: SEE EXHIBIT A ATTACHED HERETO also known by street number as: N/A TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the Grantor, either in law or in equity, to the only pioper use, benefit, and behoof of the Grantee, his heirs, successors and assigns forever. IN WITNESS WIIEREOF, the Grantor has executed this Deed on the date set forth above. COI_,ORADO MOUNTAIN JUNIOR COLLEGE DISTRICT By: Its: d.tck STATE OF COLORADO COUNTY OF GARFIELD ) ) ss. The foregoing instrument was acknowledged before me this PutQ-ncb2-r , 2012 by Slagle PiAtw4 as r PALCA of Colorado y Witless my hand and official seal. My commission expires: 7 ate— •a t•ciasnee Y71V taz-Y DEBBIE NOVAK ?NOTARY PUBLIC si-AVEt � = COLORAUU R"-.p•'� Exres: July 28, 2016 J.- clay of III hri'+P:1,111lA1,4{1,N1WrI+ tiMirk47I04!Rill 11IIII Ree12 19R/2012 02:82824PM Jean Rlberlco 2 of 2 R c Fee:$ 6.00 Doc Fee 0.00 GRRFIELD COUNTY CO Parcel A: EXHIBIT A A Parcel of land situated in the N W 1/4SW 1/4 Section 34, Township 6 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said Parcel being more particularly described as follows: Commencing at the West Quarter Corner of Section 34, an Aluminum Cap L.S. No. 5993 found in place, the Point of Beginning; thence N 89°51'50" E along the Northerly Line of the N W 1 /4SW 1 /4 Section 34 a distance of 201.90 feet; thence leaving said Northerly Line S 03°53'31" E a distance of 1233.02 feet, to a point on the Southerly Line of said NW1/4SW1/4; thence along said Southerly Line S 89°13'59" W a distance of 199.56 feet, to S1/16 of Section 34 and 33, a 2-1/2" Garfield County Surveyor Brass Cap found in place; thence N 03°59'40" W along said Westerly Line of said Section 34 a distance of 1235.37 feet to the Point of Beginning; said Parcel containing 5.676 acres, more or less. County of Garfield State of Colorado Parcel B: A Parcel of Land situated in the NE 'A Section 4, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: Commencing at the N1/4 corner of Section 4; thence S 45°03'03"E a distance of 1905.62 feet to the northeast sixteenth corner of said Section 4, also being the southeast corner of that property described in Reception No. 419600 in the Garfield County Clerk and Recorder's Office, the Point of BegimTing; thence N00°18'44"W along the westerly line of said Reception No. 419600 a distance of 514.40 feet to the northwest corner; thence S89°46'50"E along the northerly line of said Reception No. 419600 a distance of 285.66 feet to a point in an existing fence; thence leaving said northerly line S I0°53'O 1 "E along said existing fence a distance of 541.23; thence continuing along said existing fence N89° 15"38"W a distance of 1728.64 feet to a point on the north -south centerline of said Section 4; thence leaving said existing fence N00°13'22"W along said north -south centerline a distance of 1.04 feet to a point on the northerly line of that property described in Reception No. 280798 in the Garfield County Clerk and Recorder's Office; thence leaving said north -south centerline S89°46'S0"E along said northerly line a distance of 1343.47 feet to the Point of Beginning said parcel containing 4.293 ac. more or less. County of Garfield State of Colorado Quit Claim Deed Paget When recorded, please return to: Beattie, Chadwick & Houpl, LLP 932 Cooper Avenue Glenwood Springs, CO 81601 EXHIBIT 5 Payment Agreement Form Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") The Berkeley Family Limited Liability Limited Partnership (LLLP) agree as follows: 1. The Applicant has submitted to the County an application for the following Project: Subdivision Final Plat Vacation (Filing 1 & 2), ROW Vacation, L&E Review 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: Miriam Berkeley Billing Contact Address: 4001 County Road 114 Phone: (970) 945-5432 City: Glenwood Springs State: CO Zip Code: 81601 Billing Contact Email: maciberkeley@gmail.com Printed Name of Person Authorized to Sign: Miriam Berkeley 711 • (Signature) d' (Date) EXHIBIT 6 List of Adjacent Property Owners & Mineral Rights Owners LAKE SPRINGS RANCH PUD - ADJACENT PROPERTY OWNER LIST (2020) NAME ADDRESS CITY STATE ZIP CODE J & S NIESLANIK LLLP 3118 S GRAND AVENUE GLENWOOD SPRINGS CO 81601 ELK MESA PROPERTIES, LLC PO BOX 527 MOUNT PROSPECT IL 60056 BACON, ROBERT & MICHELE T 1890 SPRUCE CREEK CIRCLE N PORT ORANGE FL 32128 SPRING VALLEY HOLDINGS LLC PO BOX 1146 GLENWOOD SPRINGS CO 81602 COLORADO MOUNTAIN JUNIOR COLLEGE DISTRICT 802 GRAND AVENUE GLENWOOD SPRINGS CO 81601 ELK SPRINGS HOMEOWNERS ASSOCIATION INC PO BOX 3167 GLENWOOD SPRINGS CO 81602 MINERAL RIGHTS OWNER ADDRESS NAME ADRESS CITY STATE ZIP CODE BLM Colorado River Valley Field Office 2300 River Frontage Road Silt CO 81652 EXHIBIT 7 Vicinity Map Prepared by: HTGMC "� 402 Park Drive Glenwood Springs, CO 61601 Ph: 970-618-6097 tim@tgmalloy.com Owners: BERKELEY FAMILY, LLLP 4001 County Road 114 Glenwood Springs, CO 81601 IIIII►Illlli`:�l��ll�i%r �� • LAKE SPRINGS RANCH Subdivision Final Plat Vacation/ROW Vacation/L&E Review Vicinity Map Legend 0 Subject Property Garfield County Parcels 7/.7 Area of Subd. Vacation Date: June 9, 2020 0 0.75 1.5 2.25 mi EXHIBIT 8 Lake Springs Ranch PUD — Phasing Plan i 3iri 1. 4C-:, I ��V�i:►�1�1►1�!I�I�I��VI�IA���V;J�: 00000 �J7J7J7J7J7J`��.►1J7�`�7.7i7J:B7J7:;.'YV7J7J7J7J7J7J7J7J7J7JN:<7J7J7J7J7J7J7J7J717J7J7J7J7J7J7J7JIrtV AV V����^ o ° o r�7J7170�4TrAT 777AVATAr'_!►, V.7_7_7_7J7J_�_7J�_7J7JN'Y7J_7J7 �__I�1�1�*A_V- �VAVAVAVJ7V VVV7•�7�J1�/7�7��`�i`��1111117777V77777777777777777� o°o �7J7J7J7J71/i► j1lJIJIJI/I�IJI/I���.IIffATJIJIJIJIJIJIJIJIJIJ�I►��tJJJJJIJJJJJJJJJA. o !r7_V7•17A.►�7L7.7J7�►7J7/7J..47.7A�J7J�:►�i17J7J7J7J7J7J7J7J7J7J7w��`�17J7J7J7J7J7J7J7J7J7J7J7J7J7J7t ' o ° o ° .7A7! 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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. EXHIBIT 9 Preliminary Plan Amendment Resolution (2016-35) Reception#; 876660 05102/2016 04:06:57 PM Jean Rlberlca 1 of 37 Rea Fee:S0.00 Doc Fea:0,C7 GARFIELD COUNTY CO STATE 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 Administration Building in Glenwood Springs on Monday, 11th of April A.D. 2016, there were present: John Martin Mike Samson (absent) Tom Jankovsky Kevin Batchelder Tari Williams Kelly Cave Jean Alberico , Commissioner Chairman , Commissioner , Commissioner . County Manager , County Attorney • Assistant County Attorney , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO._0IG-155 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN AMENDMENT AND PUD AMENDMENT FOR LAKE SPRINGS RANCH PUD, A 459.38 ACRE PROPERTY OWNED BY THE BERKELEY FAMILY LLLP AND LOCATED IN SECTIONS 32, 33, AND 34, TOWNSHIP 6 SOUTH, RANGE 88 WEST AND SECTION 4, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6Tn P.M., GARFIELD COUNTY PARCEL NO.s # 2187-321-09-023; 2187-333-09-022; 2187-334-00-106; 2187-334-00-107 Recitals A. The Board of County Commissioners of Garfield County, Colorado (Board) received a request from The Berkeley Family LLLP to amend the Preliminary Plan and Planned Unit Development (PUD) as follows: 1. Preliminary Plan Amendment a. Amend the drainage plan to utilize more of the valley floor for temporary stormwater storage in order to minimize impacts on conserved land; b. Eliminate Condition 15 of Resolution 2012-80 since the stormwater impoundment will not be necessary according to the revised drainage analysis; c. Redesign lots 8, 9, 11 and 13 of Filing 2 to allow cul-de-sacs to be removed from conserved areas; 1 3z III r1EllffiliiiiilliVI,LlliMiLNI.' rl' liliiiivi.11III Reception!*: 876660 025o02/2016 37 Roc0Fee:SO.00 Doc6:57 PA Foe 01.003GARFIELD COUNTY CO d. Revise the language of Condition 14 of Resolution 2012-80 to clarify that the central water system must be reviewed under the CDPHE regulations for "community" water systems; e. Amend the Preliminary Plan and Phasing Plan to show the unplatted portions of conserved lands, those lands located outside of final plat of Filing 1, as "Conserved Lands" and to eliminate the lot lines currently indicated on the approved Preliminary Plan. This is necessary for the future final plat to remain consistent with the Preliminary Plan. 2. PUD Amendment a. Redesign Lots 8, 9, I I and 13 of Filing 2 to allow cul-de-sacs to be removed from conserved areas; b. Amend the Phasing Plan: i. To move required improvements to CR 114 from Phase 2 to Phase 3; ii. Shift 9 lots from Phase 4 to Phase 3; and iii. Remove those approved lots located in what is now conserved lands area. c. Decrease the required affordable housing to be provided by the development from 15% as required under the Unified Land Use Resolution of 2008, as amended to the 10% as currently required under the 2013 Land Use and Development Code, as amended. 3. And as further described in Exhibits A and B, PUD Guide and Map and Preliminary Plan. B. The Lake Springs Ranch PUD is a 459.38 acre parcel of land owned by The Berkeley Family LLLP as described in a Warranty Deeds recorded at Reception Numbers 405633 and 462134 and Quit Claim Deeds recorded at Reception Numbers 828751 and 828748, all in the records of the Garfield County CIerk and Recorder. C. The subject property is located within unincorporated Garfield County in the PUD zone district, approximately 3.5 miles southeast of Glenwood Springs, Colorado. D. The Planning Commission opened a public hearing on the 10th day of February, 2016, for consideration of whether the proposed Preliminary Plan and PUD Amendments should be approved, approved with conditions, or denied. During said hearing, the public and interested persons were given the opportunity to express their opinions regarding the requests. E. The Planning Commission closed the public hearing on the loth day of February, 2016, to make a final decision. The Planning Commission voted to recommend that the Board of County Commissioners approve the requested amendment to the Preliminary Plan and PUD, subject to compliance with conditions of approval. F. The Board of County Commissioners opened a public hearing on the 1 lth day of April, 2016, for consideration of whether the proposed amendments to the Preliminary Plan and PUD 2 11111INr1CTIri'i i 11111iVIRVARIrMrid 11111 Reception#: 876660 05/02/2015 04:06 57 PM Jean Albertco 3 of 37 Roo Fee•$0.00 Doc Fee•0.00 GARFIELD COUNTY CO should be approved, approved with conditions, or denied. During said hearing the public and interested persons were given the opportunity to express their opinions regarding the request. G. The Board of County Commissioners closed the public hearing on the 1 lth day of April, 2016, to make a final decision. I. The Board of County Commissioners 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 hearing before the Planning Commission. 2. That the hearing before the Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the requests for Preliminary Plan and PUD Amendments are in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That, subject to compliance with conditions of approval, the applications are in general conformance with Garfield County Comprehensive Plan 2030. 5. That, subject to compliance with conditions of approval, the applications have met the requirements of the Garfield County 2013 Land Use and Development Code, as amended. 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. B. The approvals and conditions contained in this Resolution supersede all prior zone district designations and uses set forth in prior approvals, and supersede Resolution Nos. 02-109 and 2012-80, excepting the attachments to the latter which are referred to in this Resolution. C. The Preliminary Plan Amendment and PUD Amendment for Lake Springs Ranch PUD are hereby approved subject to compliance with the following conditions: 3 NM RIMMANIN (0,104"rL iiiit1N1VAiiivii 1111 Reception0: 876660 45o02370ReoOFeefi$0.O7 pDooeFee:0.00iGARFIELD COUNTY CO Preliminary Plan 1. All representations of the Applicant made in the application and at the hearings before the Planning Commission and Board of County Commissioners shall be considered conditions of approval, unless approved otherwise by the Board of County Commissioners. Fees 2. The Applicant shall include 50% of the road impact fee with each final plat. The remaining 50% shall be collected at the time of issuance of a building permit. The cost of any improvements to County roads that are constructed by the Applicant and approved by the County may be deducted from the road impact fee. All future Subdivision Improvement Agreement(s) shall include any terms necessary to accomplish such deduction. 3. The Applicant shall pay a Fee -In -Lieu of School Land Dedication , as calculated in Section 7-404 of the 2013 Land Use and Development Code, as amended, with each final plat. 4. Impact fees shall be paid to the Carbondale and Rural Fire Protection District prior to the approval of final plats submitted for approval subsequent to this Resolution. Permits 5. Prior to the approval of each final plat, the Applicant shall obtain a National Pollutant Discharge Elimination System Permit and air pollution permits from CDPHE. These permits shall be submitted to Garfield County for review. Agreements 6. Approval of the Preliminary Plan requires the Developer to complete the platting of all phases within 15 years of Resolution 2012-80 and the first final plat must be recorded within one year of the final approval of the Preliminary Plan, or as may be extended by the Board of County Commissioners by resolution. PIat Notes 7. The following plat notes shall be placed on each final plat a. Control of noxious weeds is the responsibility of the property owner in compliance with the Colorado Noxious Weed Act and the Garfield County Weed Management Plan. b. Colorado is a "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 4 III Igittr il1!mI**HAAIilli1:ifibElklifilril1vi.,111I Receptiont$: 876660 05/02/2016 04:06:57 PM Jean Alberlce 5 at 37 Rec Fee:$0.00 Doc Fee.0.00 GRRFIELD COUNTY CO ranching sector. Those with an urban sensitivity may perceive such activities, sights, sounds and smells only as inconvenience, eyesore, noise and odor. However, State law and County policy provide that ranching, farming or other agricultural activities 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 amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non -negligent agricultural operations. c. 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. d. All exterior lighting shall be the minimum amount necessary and all exterior lighting shall be directed inward and downward, towards the interior of the lot. Provisions may be made to allow for safety lighting that goes beyond the property boundaries. 8. The Applicant shall adhere to the recommendations specified in the Hepworth-Pawlak Geotech (HP Geotech) reports as attached to Resolution 2012-80. Site specific studies shall be conducted for individual lot development. The need for site specific studies shall be disclosed in the covenants and on each final plat in the form of a plat note. Those recommendations include the following: a. Prospective building owners should be made aware of the potential low risk of . evaporate deformation. If the low risk is not acceptable to building owners, it can be reduced by the use of heavily reinforced foundation system preferably without a basement. b. It is recommended that buildings not be located within 50 feet of the fault trace identified in Figure 1 of the HP Geotech report dated January 15, 2010 as attached to Resolution 2012-80. c. It is recommended that additional subsurface exploration be made in these areas to evaluate the engineering characteristics of the lake deposit. These areas include Lots 6, 7, and 8 of Block 2 and 200 feet of the western most portions of Spring Valley Road. d. The recommended foundation system will depend on the site specific expansion potential. Also, a structural floor system over a crawlspace may be warranted depending on the expansion potential at a specific building site. A site specific 5 ■Ill 1F0311144rAIWLPNIAE r, tikiA Ilikrlitilk NI II! Reception#: 876560 05/02/2016 04:06:57 PM Jean Alberico 6 of 37 Rec Fee-SO.00 Ooo Fee.0.00 GARFIELD COUNTY CO foundation study by the individual lot owners should be conducted for design level recommendations. e. More extensive grading should be evaluated on a site specific basis. As previously recommended, cut and fill should not exceed 10 feet deep and cut and fill slopes should be 2:1 (horizontal to vertical) or flatter. A certified professional engineer registered in the State of Colorado should review the proposed grading plans when available and determine if addition subsurface exploration and analysis are needed. f. Occupied structures should be designed to withstand moderately strong ground shaking with little or no damage and not to collapse under stronger ground shaking. The region is in the Uniform Building Code, Seismic Site Class B. Water 9. The Applicant shall verify water requirements for automatic fire sprinkler systems are adequate at the time of each final plat. 10. At the first final plat submitted for approval subsequent to this Resolution, the Applicant shall obtain a new well permit for Well D and submit this information to Garfield County Planning staff for review. 11. At first final plat, the Applicant shall conduct a 24 hour pump test on Well D and have the water tested for quality to ensure it meets the Colorado Department of Public Health and Environment's standards. This information shall be submitted to Garfield County PIanning staff for review. 12. The Applicant shall plug and abandon the well (Permit No. 160677) when the existing residence located at 3961 County Road 114 connects to the central water system of the subdivision. 13. Prior to approval of the first final plat, the Applicant shall consider additional water loop connections. 14. Prior to the approval of the first final plat submitted for approval subsequent to this Resolution, the Applicant shall meet all applicable Colorado Department of Public Health (CDPHE) regulations for a community water system. 15. Should it be determined that stormwater detention is required to be stored in the pond on the east side of CR 114 the Applicant shall submit, and receive approval for, a Notice of Intent to impound water from the State of Colorado. Well Monitoring 16. Lake Springs shall participate with Spring Valley and other land owners in the Spring Valley area in a ground water monitoring program to monitor water levels in the Spring .6 IVAN 11111 Reception#• 876660 0510212016 04:06:57 P11 Jean Alberico 7 of 37 Rec Fee:SO.00 Doc Fee:0.00 GARFIELD COUN1TY CO Valley Aquifer, as described in the Memorandum dated December 6, 2000, authored by Anne Castle and Chris Thorne of Holland & Hart as attached to Resolution 2012-80. The data collected pursuant to the monitoring program shall be provided to and maintained by the Basalt Water Conservancy District (the `Basalt District"). If and when the monitoring program, or other reliable data and information, provide evidence of a long term trend that indicates an inability of the Spring Valley Aquifer to satisfy expected demand associated with decreed water rights owned by Lake Springs, Spring Valley, and the other parties participating in the monitoring program, the Applicant shall cooperate with the Basalt District to identify and implement necessary and appropriate corrective measures which may include: (a) implementation of water conservation measures and/or (b) evaluation of the opportunities for provision of a substitute water supply from a supplement source. Waste Water 17. The Applicant shall comply with the following Spring Valley Sanitation District's (District) conditions including: a. Prior to any final plat approval, the Applicant shall provide the Spring Valley Sanitation District a complete set of the sewer construction plans for review and approval. b. The Applicant shall adhere to the Spring Valley Sanitation District's service conditions as follows: Obtain approval by the District of all required Line Extension Agreements or Line Connection Agreements as required by the District's Rules and Regulations and/or the Pre -Inclusion and Wastewater Treatment Plan Treatment Agreement (PDA); ii. Comply with all of the terms and conditions of the PDA and the District's Rules and Regulations; and, iii. Reimburse the District for all costs incurred by the District regarding this project, including, but not limited to legal and engineering review, as stated in the District's Rules and Regulations and PDA. Access Permits I8. The Applicant shall make application to the Colorado Department of Transportation for an access permit for improvements to the intersection of County Road 114 and State Highway 82. Such application and approved permit shall be tendered with each final plat document, and the intersection improvements shall be included as a public improvement in the subdivision improvements agreement for that final plat. In the event that the County secures a permit with CDOT and constructs improvements to the CR 114ISH 82 intersection prior to any homes being constructed at Lake Springs Ranch PUD, the 7 ®III Eirdi'r? IAA PEW '1 IML i'A'aLill 114/1111 Reception#• 876660 05l0212016 04:06:57 AM Jean Riberico 9 of 37 Rep Fee:S0.00 Doe Fee:0.00 GARFIELD COUNTY CO Applicant will be responsible for a portion of those intersection improvements either equivalent to, or less than, the cost of the improvements that would have been required pursuant to the CDOT permit. For the purpose of determining the Applicant's fair share pursuant to the "equivalent to or less than" clause in the previous sentence, the Applicant will provide for the County's review and approval, an engineer's estimate for the cost of the improvements that would have been required, pursuant to the CDOT permit issued to the Applicant. The engineer's estimate will be provided as part of the final plat submission for the first final plat. 19. Prior to the approval of each final plat, the Applicant shall obtain driveway permits from the Garfield County Road and Bridge Department for all applicable Secondary Access roads that intersect County Roads 114 and 115. Roads 20. Roadways: The current preliminary plan application for Lake Springs Ranch PUD proposes five (5) separate accesses onto Garfield County Road 114, hereinafter "CR 114." Notwithstanding any future Board of County Commissioners amendments to current approvals which may be obtained for the currently proposed design of the roadway accesses for the Lake Springs Ranch PUD from CR 114 and the present design of improvements to CR 114 through the Lake Springs Ranch PUD, based on agreements and representations of the Applicant, the Applicant shall adhere to the following criteria. a. Grade of CR 114 at Intersections: At intersections with Lake Springs Ranch development roads, the vertical alignment of CR 114 shall have grades no greater than 5% for a minimum distance of 25 feet as measured from the centerline of the intersecting road. b. Grade of Intersection Road at Intersections: At intersections with CR 114, all Lake Springs Ranch development roads shall have grades no greater than 4% for a minimum distance of 62 feet as measured from the centerline of CR 114 and not to exceed 6% within 120 feet. c. Angle of Intersections: intersections shall be designed as nearly to right angles as possible, with no intersecting angles of less than 85 degrees. The centerline of intersecting roads shall be designed with a tangent at the intersection with a minimum tangent length of 60 feet as measured from the centerline of CR 114 to the Point of Curvature (P.C.) on the intersecting road. d. Proximity of Adjacent Intersections: Where two Lake Springs Ranch development roads intersect CR 114, the intersecting centerlines shall be directly aligned, or shall be separated not less than 200 feet as measured between intersection centerlines. In the event that one or both of the intersecting streets requires that CR 114 be provided with auxiliary lanes (acceleration and/or deceleration lanes) as provided for herein, then the intersecting street centerlines shall be offset sufficient distances so that the 8 1111 litirallnlififilei liiilIhiN1'iMuM'II14L'4k111I11111 Recap t 1 onht: 876660 05/02/2016 0a:06:57 PM Jean Alberico 9 of 37 Rec Fee:$0.00 Doe Fae•O D0 GARFIELD COl1NTY CO 1 minimum length of the auxiliary lanes, as required for herein, are provided and do not overlap. e. Requirement for Auxiliary Lanes: Intersections of all Lake Springs Ranch development roads shall be provided with auxiliary lanes (left deceleration lanes, right turn deceleration lanes, right turn acceleration lanes, and left turn acceleration lanes) applying criteria set forth in Section 3.9 of the most current version of the Colorado State Highway Access Code. f. Design Criteria for Auxiliary Lanes: The design of all required auxiliary lanes shall be in accordance with then applicable Garfield County specifications, as applicable, and Section 4 - Design Standards and Specifications of the most current version of the Colorado State Highway Access Code. g• Intersection Sight Distance: At intersections of Lake Springs Ranch development roads and CR 114, clear zones shall be designed and maintained to provide sight distance for the vehicle on the intersecting road (stop or yield) to observe a moving vehicle on CR 114. The clear zone shall be maintained free of all vegetation and objects taller than 24 inches except for traffic signs. The sight distance shall be measured from a point on the interesting road (stop or yield) which is 10 feet from the edge of pavement on CR 114. The minimum intersection sight distance for intersections with CR 114 based on a 35 MPH design speed shall be 350 feet. h. Access Points: Direct accesses onto CR 114 by individual lots shall be prohibited. No individual lot shall access a Lake Springs Ranch development road within a distance of 100 feet from an intersection with CR 114, as measured from the nearest edge of pavement of CR 114. i. Utilities and Street Construction: Street and road construction shall not proceed beyond subgrade preparation until all utilities which are intended to be placed under any part of the street or road are complete, including all service lines, and all utility trenches are backfilled and compacted in accordance with the street or road construction specifications as provided by a certified professional geotechnical engineer registered in the State of Colorado. J. Other Design Criteria: Except as modified above, CR 114 shall be subject to the following design parameters: 9 1111 RICrl lf1itilfiriil hili111511111,1N0lAkie 11 III Reception#: 876560 0510212016 04:06.57 PM Joan Rlberico 10 of 37 Rec Fee.$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Garfield County Road 114 Design Criteria Design Capacity (Vehicles Per Day) 2500+ Minimum Right of Way Width 80-feet Type of Surface for Driving Lanes and Shoulders Asphalt Pavement Design and Subgrade Stabilization Prepared by Registered Geotechnica.l Engineer • Based On -site Specific Soil Analysis and Anticipated Traffic Volume for 20-Year Design Life , Minimum Driving Lane Width 12-feet Minimum Shoulder Width 6-feet i Ditch Width and Storm Drainage Culvert Designed by Professional Engineer to Provide Minimum Hydraulic Capacity to Convey Peak Flow From I00-year Storm Event Cross Slope 2%to 8% Based on Superelevation Design of Roadway by Professional Engineer Shoulder Slope Identical to Cross Slope Min. Design Speed (Miles Per Hour) 35 MPH Minimum Centerline Radius (Feet) Varies with Superelevation Rate of Superelevation: 2% Crown Section 610-feet 2% 470-feet 4 % 420-feet 6% 380-feet 8% 350-feet Minimum Percentage of Runout on Tangent 80% Minimum Runout Length (Feet) Varies with Change in Rate of Superelevation Change in Rate of Superelevation: 4% 84-feet 6 %v 126-feet 8% 168-feet 10% 210-feet - 12% 252-feet 14 % 294-feet 16% 336-feet Maximum Centerline Grade 10% Minimum Centerline Grade 1% K-Value for Crest Vertical Curve 40 minimum K-Value for Sag Vertical Curve 50 minimum 10 Mil rrMtlif irIMilIW h I1, 1* FAISAL11 II1 Rccep t f ontt : 876560 05102/2016 04:06:57 PM Jean RlberIce 11 of 37 Roo Fee•$0 00 Doe Fee:0 00 GARFIELD COUNTY CO 21. A portion of CR 114 is to be re -aligned which is subject to the Garfield County Procedures for Vacating Public Roads and Rights -of -Way. The Applicant shall receive approval of this road vacation prior to recording of the applicable final plat. 22. Prior to first final plat approval, the Applicant shall conduct a geotechnical investigation of CR 114 from mile marker 3.1 to 100 feet east of the intersection of CR 115 and High Alpine Drive. Based on this analysis, provide a pavement section design to the Garfield County Planning Department for review. Affordable Housing 23. If Tract A is to be subdivided into further separate interests, the Applicant shall tender an application for the subdivision of the lot. 24. Affordable Housing: The location (on -site, off -site, or a combination of on -site or off - site) of the affordable housing, and an Affordable Housing Agreement reflecting these determinations shall be finalized prior to scheduling the first final plat application submitted subsequent to this Resolution for signature by the Board of County Commissioners. Vegetation 25. The improvements included with each final plat will include a revegetation provision for the disturbed areas associated with the improvements for the subdivision, along with security to guarantee that the revegetation has been successful. 26. Prior to the issuance of a building permit from the Garfield County Building Department on single family lots and the multi -family tract, an inventory of the existing vegetation and Harrington's Penstemon shall be done by the lot owner and receive a statement of approval from the Development Review Committee prior to building. Historic Preservation 27. Prior to the approval of the final plat for Block 3, the Applicant shall conduct further evaluations bf the sites that potentially contain the prehistoric "open camp hearth," This information shall be provided to the Garfield County Planning staff for review. 28. Prior to the approval of the final plat for Block 2, the Applicant shall further investigation the historic value of the structures on Lot 3. This information shall be provided to the Garfield County Planning staff for review. GIS 29. Once each final plat is approved, the Applicant shall provide the Garfield County Planning Department a digital copy of the final plat to a standard acceptable to the Garfield County Information Technology Department. I Eirsta'�ltKtiY1l1y4E011" td1INi41tilgiaMiKfl' Li 11111 ReceptionP: B76660 05/02/2016 04:06:57 FM Jean Atberico 12 of 37 Rec Fee SO 00 Doc Fee:O 00 GARFIELD COUNTY CO PUD Amendment 30. Prior to the signing of the Resolution the Applicant shall provide a clean copy, suitable for recordation, of the PUD Guide and PUD Plan. Dated this a day of ATTEST: m lerk of the Board , A.D. 20 F tl GARFIELD COUNTY BOARD OF COMMISSIO • RS, GARFIELD COUNTY,'OLORAD Upon motion duly made and seconded the fore following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY STATE OF COLORADO )ss County of Garfield oing Resol was adopted , Aye , Absent , Aye by the I, , County CIerk 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 12 111111 Rcceptlontt• 876650 05102/2016 04:06:57 FM Jean AIbericc 13 0 37 Roc Fee•$0.00 Doc Fee:0.00 GARFIELD COUNTY CO County Clerk and ex-officio Clerk of the Board of County Commissioners 13 1111 Nt1ri tfuroflmidayi,11IfI Receptfon0: 876660 05/02/2016 04:06:57 PM Jean Alberico 14 of 37 Rec Fee:$O.00 Doc Fee:0.00 GARFIELD COUNTY CO SECOND AMENDED LAKE SPRINGS RANCH PLANNED UNIT DEVELOPMENT PLANNED UNIT DEVELOPMENT GUIDE I. INTRODUCTION EXHIBIT I a The purpose of this Second Amended Lake Springs Ranch Planned Unit Development Guide ("PUD Guide") is to serve as the governing regulations which will control use of land and establish development standards, supplemental regulations and guidelines for the development and properties within the Lake Springs Ranch Planned Unit Development ("PUD"), the Preliminary Plan for which was approved by Garfield County (the "County") on 2016, by . This PUD Guide constitutes the zone district regulations for the PUD and defines, without limitation, the permitted use of land and limitations or restrictions on the use areal property contained within the PUD, provides for open spaces, and includes additional supplementary regulations. All development within the PUD shall be administered by the County in accordance with the Land Use Development Code, as amended ("LUDC") and this PUD Guide. In the event ofa conflict, the terms of this PUD Guide will control. It is acknowledged that prior to review by the County of any development applications governed by the Second Amended Declaration of Covenants, Conditions, Restrictions and Easements for Lake Springs Ranch PUD, Filing _ recorded in Reception No. in the office of the Clerk and Recorder of Garfield County (the "Covenants"), the Development Review Committee (the "DRC") shaIl first approve any such applications. II. PURPOSE This PUD Guide establishes the zoning standards, restrictions and regulations that govern development and use of land and all development within the PUD in accordance with the PUD Zone Map incorporated as Exhibit B to this document. This PUD Guide intends to ensure that the PUD is developed as a comprehensive planned community that will encompass such beneficial features as a balance of residential uses and opportunities for recreational uses, preservation of significant and important open space and agriculture, creation of aesthetically pleasing environmental features and promotions of high standards of development quality through stringent site planning and controls. The Berkeley Family Limited Liability Limited Partnership, LLLP hereby makes, declares and establishes the following limitations, restrictions, and uses upon all real property contained within the PUD, running with the land and binding upon all future owners of any part of the land within the PUD, so long as these standards, restrictions and regulations and the PUD remain in efl`ect. III. GENERAL LAKE SPRINGS RANCH PUD DESCRIPTION The PUD is a rural residential planned unit development, the approvals for which allow 194 single-family lots and 12 multi -family units on 459.38 acres. At the time this PUD Guide was amended, 76 of the 194 single-family lots had been sterilized through 1 War1Iil1 I' i f l'iFtiit.lI4i,1101 Receptfonfl: 87566O 05/02/2016 04:O6:57 PM Jean A1berIco 15 or 37 Rec Fee:SO.00 Doc Fee:D.00 GARFIELD COUNTY CO conservation easements. The property is located in Spring Valley which is a broad, shallow valley located above and to the east of the Roaring Fork River Valley in eastern Garfield County. Most of the single-family residential Tots are situated on a west -facing slope overlooking the valley floor which extends to the northwest toward the rural resort town of Glenwood Springs. Much of the valley floor in the area of the Lake Springs Ranch property is currently used for agricultural and grazing purposes and provides an attractive rural setting for the subdivision. The single-family Lots are arranged among the site's many natural features including existing ponds, sage meadows, and stands of pinion juniper and Gambles oak. Most of the lots offer expansive views of the valley and the surrounding mountains. The lots themselves are 0.6 to 1.7 acres in size and are served by a winding street system that passes through large open space areas. The subdivision includes nearly 265 acres of open space and agriculture preserve which is carefully distributed among the residential lots and occupies much of the valley. The open space system also preserves areas of significant wildlife habitat and most of the site's important natural features. The open space system offers numerous opportunities for trails and other passive recreational facilities such as a central picnic facility, overlook/rest areas and wildlife interpretive stations. Most of the lots within the subdivision either abut or are across the street from designated open space. The subdivision also includes a neighborhood of multi -family housing units located in an area of the property that overlooks expansive adjacent ranch lands. The subdivision is served by a private central water system and a sewage treatment facility run by the Spring Valley Sanitation District. IV. DEFINITIONS The following are the definitions for the terms contained in this PUD Guide. A. Lake Springs Ranch PUD. The Lake Springs Ranch PUD (the "PUD") is a Planned Unit Development zone district authorized by the County, Resolution No. 79- 64, No. 79-153 (Reception No. 300121), No. 2012-80 (Reception No. 823748), and No. 2016 - containing the property described on the attached Exhibit A, which may be amended from time to time. B. Building Envelope. The Building Envelope is that portion of each lot which is depicted and designated as the Building Envelope on a Plat. All structural improvements shall be located within the Building Envelope on a lot, except that driveways, walks, pathways, other similar features, fences, underground utilities, irrigation and drainage systems, and landscaping may be located outside the Building Envelope. C. Building Height. The distance, measured vertically, from the undisturbed or natural ground surface at the mid -point between the front and rear walls of a building to the top of a flat roof or mansard roof or to the mid -point between the eave line and the peak of a gable, hip, shed or similar pitched roof. D. Building Setback. The minimum distance of a required yard. 2 1111 iNikilOrdilirr.l.%«bf11.111III ReceptianN: 876660 05/02/2016 04:06:57 PM Jean Alberico 16 of 37 Rec Fee!$0 00 Doc Fee:0.00 GARFIELD COUNTY CO E. Design Guidelines. Design Guidelines are defined in the Covenants. The Design Guidelines establish architectural and building material standards, landscape design, site design standards and a design review process for development within the PUD and are adopted by the Design Review Committee ("DRC") and may be amended from time to time. The Design Guidelines shall be administered by the DRC. In addition to the Design Guidelines, the County may still retain certain jurisdiction for review of compliance with the Building Code. F. Lot Coverage. The portion of a lot which is covered or occupied by buildings, structures, parking and drives or any other impervious surface. G. Lot Size. The total horizontal area, being the area of the horizontal plane within the lot lines of a lot. V. APPROVAL OF CONSTRUCTION PLANS A. Design Guidelines. The DRC shall apply the Design Guidelines when reviewing proposed improvements on a lot. The Design Guidelines shall not be inconsistent with the Covenants, but shall more specifically define and describe the development standards for the PUD. The Design Guidelines may be modified or amended from time to time by the DRC to establish reasonable criteria, including, without limitation, requirements relating to design, scale and color, as the Association may deem appropriate in the interest of preserving the aesthetic standards of the PUD. Further, the DRC, in its sole discretion, may excuse compliance with the Design Guidelines that are not necessary or appropriate in specific situations. Compliance with the Development Review process shall not be a substitute for compliance with applicable governmental building, zoning and subdivision regulations. Each owner shall be responsible for obtaining all approvals, licenses and permits as may be required before commencing construction. B. Development Review Committee. The DRC shall consist of a minimum of three (3) members, each of whom shall either be (i) a representative of Declarant, (ii) an owner of a lot in the PUD or (iii) a local architect, landscape architect or engineer. C. Pre -submission Conference. Every owner proposing to make improvements to a lot shall meet in a pre -submission conference with the DRC to discuss the general nature and scope of the contemplated improvements, the Design Guidelines and the DRC's procedures prior to owner's expenditure of significant design fees. D. Development Review. The DRC shall review, study and either approve or reject proposed improvements, in compliance with the Covenants and the Design Guidelines. Each application for Development Review shall include such plans and specifications and other information as may reasonably be required by the DRC. In any Development Review, the DRC shall exercise its best judgment to see that all improvements conform and harmonize with any existing structures as to external design, quality and type of construction, materials, color, location of improvements, height, grade 3 1111 EirdriliFiltriFITNITIVIINAni CIF Li 11111 Receptlont#: 876560 05/02I2016 04:06:57 PM dean Rlberico 17 of 37 Rec Fae:$0 00 Doc Fee:0.G0 GARFIELD COUNTY CO and finished ground elevation and all aesthetic considerations set forth in the Covenants and in the Design Guidelines. The DRC may avail itself of technical and professional advice as it deems appropriate. The DRC shall make reasonable Rules and Regulations as it may deem appropriate to govern in such proceedings. The DRC's exercise of discretion in approval or disapproval of plans or with respect to any other matter before it shall be conclusive and binding on all parties, however is shall not excuse any part from compliance with applicable government building, zoning and subdivision regulations. E. Development Review Expenses. The DRC shall have the right to recover the reasonable costs and expenses of any technical and professional advice required to properly consider the application from the applicant. F. Decision of Committee. Any decision of the DRC shall be made within forty-five (45) days after receipt by the DRC of all materials and information required by the DRC, unless such time period is extended by mutual written agreement. The decision shall be in writing and if the decision is not to approve the proposed improvements, the reasons therefor shall be stated. The decision of the DRC shall be promptly transmitted to the owner at the address furnished by the owner. Any written request for approval of proposed improvements shall be deemed approved, unless written disapproval or a request for additional information or materials is transmitted to the owner within sixty 00) days after the date of receipt by the DRC of all required materials and information, unless such time period is extended by mutual written agreement. G. Prosecution and Completion of Work After Approval. Following an approval of any proposed improvements, the proposed improvements shall be completed by the owner: (a) in compliance with the Design Guidelines and with all applicable Iaws, regulations and codes, (b) in strict conformance with all plans and specifications and other materials presented to and approved by the DRC; and (c) in accordance with any and all conditions imposed by the DRC. All improvements approved by the DRC shall be completed, including issuance of a Certificate of Occupancy and the removal of all construction equipment, materials and debris within twenty-four (24) months from the date of approval of such improvements by the DRC, provided, however, that any and all landscaping approved by the DRC which is related to the initial construction of a residence on a lot shall be completed no later than six (6) months immediately following the issuance of the Certificate of Occupancy for such residence. Any member or agent of the DRC may, at any reasonable time enter, without being deemed guilty of trespass, upon any lot, after reasonable notice to the owner, in order to inspect improvements constructed or being constructed on such lot, to ascertain whether such improvements have been or are being built or changed in compliance with the Design Guidelines, the approvals granted by the DRC, and the Covenants. H. Limitation of Liability. The DRC shall use reasonable judgment in accepting or rejecting plans and specifications submitted to it for Development Review. Neither the Association, Declarant, nor any officer, Executive Board member, DRC member or individual Association member shall be liable to any person for any act of the Association concerning submitted plans and specifications, except for wanton and willful 1111 licfill!F idifi i1 h 1111111i'liili1idif Mali RecepticnU• 676660 05/0212016 04:06.57 PM Jean Alberioo 10 or 37 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO acts. Approval by the Association does not necessarily assure approval by any governmental authority having jurisdiction. Notwithstanding Association approval of plans and specification, neither the Association nor any of its.members shall be responsible or liable to any Owner, developer or contractor with respect to any loss, liability, claim or expenses which may arise because of approval of the construction of the Improvements. Neither the Executive Board, the DRC, the Association, nor Declarant, nor any of their employees, agents or consultants shall be responsible in any way for any defects in any plans or specifications submitted, revised or approved in accordance with the provisions of the Covenants, nor for any structural or other defects in any work done according to such plans and specifications. VI. CONSTRUCTION AND ALTERATION OF IMPROVEMENTS A. General. The Design Guidelines and the provisions set forth in the Covenants shall govern the right of an owner to construct, reconstruct, refinish, alter or maintain any improvement upon, under or above any of the Property, and to make or create any excavation or fill on the Property, or make any change in the natural or existing surface contour or drainage, or install any utility line or conduit on or over the Property. In order to protect the Harrington's penstemon and other native vegetation, all construction activity, storage of materials, fill and debris, parking of vehicles and equipment shall occur within the Building Envelopes and shall be done in accordance with all other provisions of the Covenants, including the preservation and protection of Harrington's penstemon. B. Approval Required. No improvement in the PUD shall be erected, placed, reconstructed, replaced, repaired or otherwise altered, nor shall any construction, repair or reconstruction be commenced until plans for such improvement shall have been approved by the DRC; provided, however, that improvements and alterations which are completely within a structure may be undertaken without such approval. C. Underground Utility Lines. With respect to the new construction of any improvements within the PUD or the extension of any utilities, all utility pipes or lines within the limits of the PUD shall be buried underground beneath roads and driveways, or in such other locations that shall seek to avoid the Harrington's penstemon, and not be carried on overhead poles or above the surface of the ground. Any natural vegetation disturbed by the installation of utility lines shall be revegetated within twelve (12) months of completion of any improvement by and at the expense of the owner causing the installation of such utilities. D. Size Restrictions of Dwellings. The minimum living area of the dwelling on any lot shall be 1,800 square feet, exclusive of all areas utilized for garages, decks and open porches. E. Specific Requirements for Dwellings. The maximum building height shall be as set forth herein. All construction materials shall be new, except for the limited use of antique treatments, fixtures and accessories. Log homes which are to be erected on a ■I1ll r1 ���.���r, � LION :Nil II III Receptaonit: 876550 05/02l2016 04:06:57 PM Jean Alberico 19 of 37 Rec Foo:$0.00 Doc Fee:0 00 GARFIELD COUNTY CO log by log basis on a lot which may have been originally fitted together at a place other than the lot may be approved by the DRC. Without limiting the generality of the foregoing or the right of the DRC to impose additional limitations and conditions, reflective materials shall not be permitted on the exterior of structures within the PUD without the prior written approval of the DRC. No mobile homes shall be allowed on any lot. F. Fireplaces and Stoves. No open hearth solid fuel fireplaces shall be allowed. One (I) 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 gas burning stoves and appliances. G. Fences and Hedges. The type and location of all fences and hedges will be subject to the approval of the DRC prior to installation. Only wooden fences shall be permitted within the Property, with limited exceptions for small gardens, kennels, play areas for small children or otherwise and only in circumstances where a wooden fence would not serve the required purpose. Barbed wire fencing shall be prohibited. The DRC shall consider the effect on wildlife activity prior to approving any requested fencing. Wood fencing shall not exceed forty-two (42) inches in height, shall not have more than two (2) horizontal rails with spacing of at least eighteen inches (18") between rails and with the bottom rail at least twenty-four inches (24") above the ground. Lot boundary perimeter fencing shall not be allowed. H. Landscaping. No landscaping shall be performed on any lot unless a landscaping plan therefor has received the prior written approval of the DRC. A landscaping plan for each lot must be approved by the DRC before construction is commenced on the residence on that lot. In each instance, an approved landscaping plan shall be fully implemented and performed within the six (6) month period immediately following (i) the issuance ofa Certificate of Occupancy for a residence constructed on a Iot, or (ii) the approval of the landscaping plan by the DRC in all instances not involving the construction ofa residence on a lot. Notwithstanding the foregoing, no review or approval shall be required for the replacement or replanting of the same or similar kind of trees, or plants, or flowers, or other vegetation that has been previously approved by the DRC for the lot in question, in the previously approved location therefor. Any material change in the type or location of approved landscaping vegetation shall require the further approval of the DRC. Landscaping shall be primarily indigenous plant life from a plant list to be established by the DRC. Irrigation of landscaped areas shall be subject to guidelines promulgated by the DRC. Each Owner shall diligently maintain, trim, weed, cultivate, husband, protect, preserve and otherwise keep in a healthy and attractive condition the shrubs, trees, hedges, grass, planters, gardens and other landscaping upon the Owner's lot, including, without limitation, the removal of dead and diseased branches and brush and the performance of other tasks necessary to remove or eliminate material which constitutes or creates a fire hazard or nuisance, and shall keep the Owner's lot free of any prohibited plants. Each Owner shall cooperate with the Association in its fire protection husbandry program for reduction of fire hazard within the PUD. Each Owner 6 1111110FaRINIVIlikilikillUilViiri:la' filitiii 11111 Receptiong: 676660 05/02/2016 04:06:67 AM Jean Rlberlco 20 of 37 Rec Feee:50.00 Doc Fee:0.00 GARFIELD COUNTY CO shall also maintain all paved, concrete and other synthetically surfaced areas within the Owner's lot, including but not limited to, driveway and parking areas, in good condition and repair. I. Removal of Nonconforming Improvements. The Association, after reasonable notice to the Owner, may remove any improvement constructed, reconstructed, refinished, altered or maintained violating the Covenants, and the Owner shall immediately reimburse the Association for all expenses incurred in such removal. J. Fire Protection District Recommendation. Each Owner shall adhere to the recommendations of the Carbondale and Rural Fire Protection District and the Wildfire Hazard Review prepared for the PUD by Rocky Mountain Ecological Services, Inc. and dated April 2011. K. Design Criteria for Common Elements 1. Open Space. Open space shall generally remain in a natural state and the Association shall perform necessary weed control and management. The open space shall be disturbed in the following areas: i. Cut and fill slopes from the proposed roads outside of the right of way as shown on the Preliminary Plan. ii. The Tank Road grading, water treatment building, and water storage tank shall be contained within an easement within the open space. The proposed design of the Tank Road is attached hereto as Exhibit C. iii. The existing water wells and well pumps and water supply lines shall be in an easement within the open space. iv. Various underground utilities shall be in an easement within the open space. v. Improved drainage channels shall be graded as necessary during each phase of the project within the open space. vi. "Utility Access Roads" to allow Spring Valley Sanitation District to access proposed manholes shall be within the open space. The proposed design of the Utility Access Roads is attached hereto as Exhibit D. vii. Relocated overhead electric lines shall be in easements within the open space. 7 ®fill PC/1111Kf!i Miff iIlin hi: VIENIVEVI i'ifi 11111 Recep t i ontl : 876660 05102/2016 04:06:57 Ail Jean Albericc 21 of 37 Rec Fee•$0 00 Doc Fee:0.00 GPRFIELD COUNTY CO viii. Sod farm irrigation operations shall continue to be based out of the existing pond within the open space. 2. Trail. A four foot wide pedestrian trail will be located within the open space. Trail grades will be between 5% and 10% with a maximum of 15% for short runs. Grade dips will be placed every 100 feet. Culverts will be placed beneath the trails in all major drainage ways to convey runoff. There will be no signage long the trails. Native rock will be used for slope retention where necessary. There will be no grading necessary where cross slopes are 5% or less along the trail. The proposed design of the trail is attached hereto as Exhibit E. The alignment of the trail as shown on the Preliminary Plan is approximate and the actual alignment shall be determined in the field to avoid disturbing the natural habitat and existing vegetation. The trail shall be maintained by the Association to a good and usable standard. 3. Road Right of Ways. All interior and secondary road right of ways shall be designed, constructed and revegetated in accordance with road standard approvals granted by the Garfield County Board of County Commissioners and included in Resolution No. 2016 - VIZ. ZONE DISTRICTS The PUD is divided into the following zone district classifications each of which is defined in detail herein: PUD/R/S.F. Residential / Single -Family District PUD/R/C.H. Residential / Cluster Housing District PUD/AP. Agricultural Preserve District PUD OS Open Space District These districts are graphically identified on the final plat for the PUD and on the PUD Zone Map. A. PUD/R/S.F. PUD Residential / Single Family District The uses permitted within the Residential / Single Family District, together with the regulations affecting the usage of the land contained therein, shall be as follows: 1. Uses, by right. Single -Family dwelling and customary accessory uses including buildings for shelter or enclosure of small animals or property 8 1111jrii ilrt,rka411YglailI�a�1url� ,, SI III Reception#: 876660 0510212016 04:06.57 PM Jean Alberfoo 22 al 37 Rea Fee.$0 OD Dom Fee:0.00 GARFIELD COUNTY CO accessory to use of the lot for single family residential purposes and fences, hedges, gardens, walls and similar landscape features. Park and Greenbelt, along with trails and other passive recreational facilities. Accessory building or structure necessary to agricultural operations, accessory uses to agricultural operations. All agricultural uses described in the Deed of Conservation Easement recorded December 22, 2004 in the office of the Garfield County Clerk at Reception No. 665794 as subsequently amended and in the Deed of Conservation Easement recorded October 24, 2005 in the office the Garfield county Clerk at Reception No. 684872 as subsequently amended. Existing sod farm operation and related landscape implement and materials dealer. 2. Uses, Administrative Review. Accessory Dwelling Unit. 3. Uses, Limited Impact Review. None 4. Uses, Major Impact Review. None. 5. Minimum lot area. .5 acre. 6. Maximum lot coverage. 15% 7. Building setback. Front yard. 30 feet Side yard. 20 feet Rear yard. 50 feet 8. Maximum Building Height. 25 feet 9. Off -Street Parking / Residential. Two parking spaces per dwelling unit. 11111MANI1 ,4RI+11E' INLtiINl'Ilk 11111 Receptton0: 876660 05/0212016 04:06:57 PM Jean Rlberlco 23 of 37 Rec Fee:SO 00 Doc Fey 00 GRRFIELD COUNTY CO B. PUD/R/C.H. PUD Residential / Cluster Housing District The uses permitted within the Residential / Cluster Housing District, together with the regulations affecting the usage of the land contained therein, shall be as follows: I. Uses, by right. Single-family dwelling, duplex dwelling, triplex dwelling, townhomes and customary accessory uses including buildings for shelter or enclosure of small animals or property accessory to use of the lot for residential purposes and fences, hedges, gardens, walls, and similar landscape features. Park and Greenbelt. 2. Uses, Limited Impact Review. None. 3. Uses, Major Impact Review. None 4. Minimum Cluster Housing lot area. a. The Cluster Housing Lot shall be as shown on the PUD final plat. b. Lots within a Cluster Housing Lot shall have no minimum lot area. 5. Maximum Coverage of the Cluster Housing District. a. 20 percent of the total District area. b. Lots with the R/C.H. District shall have no coverage limit except that the combined coverage of all internal Tots shall not exceed the 20 percent maximum of the total District area. 6. Building Setback from the Cluster Housing District Boundary. a. 50 feet. b. Lots within the R/C.H. District shall have no setback requirement. 7. Maximum Building Height. 25 feet 8. Off -Street Parking - Residential/Cluster Housing. 1 Bedroom 2 to 3 Bedrooms 2 spaces per dwelling unit 2.5 spaces per dwelling unit 1D 1111 PeralliliC rlrlMlgHtkl,IF "VJC i M1`lI it III 11111 Receptian#; 876660 OS/02/2016 04:06:57 PM Jean A16erieo 24 of 37 Roc Fee:$0.00 Doc Fee10.00 GARFIELD COUNTY CO 4 Bedrooms 3 spaces per dwelling unit C. PUD /AP Agriculture Preserve District The uses permitted within the Agricultural Preserve District, together with the regulations affecting the usage of the land contained therein, shall be as follows: 1. Uses, by right. Agriculture, pedestrian trail, open space and wildlife preservation and all others specified in the Deed of Conservation Easement held by the Aspen Valley Land Trust and recorded December 22, 2004 in the office of the Garfield County Clerk at Reception No. 65794 as subsequently amended and in the Deed of Conservation Easement recorded October 24, 2005 in the office of the Garfield County Clerk at Reception No. 684872 as subsequently amended. Specifically included is the existing sod farm operation and related accessory uses including the landscape implement and materials dealer. 2. Uses, Limited Impact Review. None. 3. Uses, Major Impact Review. None 4. Minimum lot area. N/A. 5. Maximum lot coverage. N/A 6. Building Setbacic Front Yard. 40 feet Side Yard. 40 feet Rear Yard 40 feet 7. Maximum Building Height. 25 feet D. PUD /O.S. Open Space District The uses permitted within the Open Space District, together with the regulations affecting the usage of the land contained therein, shall be as follows: 1111 FPJINFICAli h kluttrr i,ri{!k'a Iin :10171.1i' .iivh 11111 Receptionf: 875660 05102/2016 04r06:57 PM Jean AIberico 25 of 37 Rec Fee:50.00 Doc Fee:0.00 GARFIELD COUNTY CO I. Uses, by right. Recreational including, hiking trails, picnic shelters, private stables, private riding arena, pasture, water impoundments and customary accessory uses including buildings for shelter or enclosure of animals or property employed in any of the above uses. Utility facilities including wells, water storage tank, pump house, water and sewer lines, irrigation lines and equipment, and any roads necessary to access and maintain these facilities as shown on the approved subdivision plans. Recreation Vehicle Storage. Park and Greenbelt. 2. Uses, Limited Impact Review. None. 3. Uses, Major Impact Review. None • 4. Minimum lot area. .5 acres. 5. Maximum lot coverage. 1 5% 6. Building Setback. Front Yard. 40 feet Side Yard. 40 feet Rear Yard 40 feet 7. Maximum Building Height. 25 feet VIII. MODIFICATION AND AMENDMENTS. Modification and amendment of this PUD Guide shall be done in accordance with the LUDC and Covenants. In as much as a modification or amendment to this PUD Guide also amends provisions in the Covenants, approval of the modification or amendment shall be approved by the members in accordance with the Covenants. 12 ®III IY�IfJ� K,fi�4�rfaKd`�l�'�1�1�+ WINO fraDiNf IW 11111 Reeep t 1 ontt : 878660 26 of 37tRec4Fee:50 00 Doc Jean GRRFIELD COUNTY CO IX. RECORDING Upon approval by the County, this PUD Guide will be recorded in the office of the Clerk and Recorder of Garfield County, Colorado. X. ENFORCEMENT A DRC and the Association shall have the responsibility for interpreting and enforcing this PUD Guide, provided, however, the County shall have the independent right and responsibility to enforce the provisions of this PUD Guide. The County expressly reserves the right to refuse to approve any application for a building permit or certificate of occupancy for the construction or occupancy of any building or structure if said building or structure fails to comply with this PUD Guide or any other applicable provisions of the LUDC or other applicable law, rule, or regulation or condition of approval of the project. This provision shall not be construed as a waiver by any appropriate party, including, without limitation, any owner, the Association, the DCR, or the developer, of any right to appeal, pursuant to the appeal rights otherwise applicable under the LUDC, County building codes or other applicable law. XL SEVERABILITY If any provision of this PUD Guide, or its application to any person, entity or circumstance, is specifically held to be invalid or unenforceable by a Court of competent jurisdiction, the remainder of this PUD Guide and the application of the provisions hereof to other persons, entities or circumstances shall not be affected thereby and, to that end, this PUD Guide shall continue to be enforced to the greatest extent possible consistent with law and the public interest. This PUD Guide shall be modified as necessary to maintain the original intent of the PUD Guide. 13 1111 FADE iiir 11111 Receptiontt: 876660 051421201E 04:06:57 PM Jean A16erico 27 of 37 Roo Fee:SO.00 Doc Foe:0.00 GARFIELD COUNTY CO Exhibit A LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN GOVERNMENT LOTS 5 AND 6, SECTION 32, LOTS 7, 6, 9, 10, 11, 12,13, 14, 15,16, 17, 20, 21, 22, 23 AND THE NE 1/4 SE 114 OF SECTION 33, SW 1/4 SW 1/4 AND THE NW 1/4 SW 1/4 OF SECTION 34 ALL IN TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, AND ALSO LOTS 1, 2, 3 AND 9 OF SECTION 4, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 33, A 2-1/2" BRASS CAP L.S. NO. 5933 FOUND IN PLACE, THE POINT OF BEGINNING: THENCE N. 89°40'02"W. ALONG THE SOUTHERLY BOUNDARY OF SAID SECTION 33 A DISTANCE OF 2502.71 FEET TO THE SOUTHWEST CORNER OF SAID GOV'T LOT 20, A 3-114" ALUMINUM CAP L.S. NO, 19598 FOUND IN PLACE; THENCE N. 01 °58'08" E. ALONG THE WESTERLY BOUNDARY OF SAID GOV'T LOT 20 AND 17 A DISTANCE OF 2,064.02 FEET TO THE NORTHWEST CORNER OF SAID GOV'T LOT 17, A 3-1/4" ALUMINUM CAP L.S. NO. 19598 FOUND IN PLACE; THENCE N. 87°10'45" W. ALONG THE SOUTHERLY BOUNDARY OF SAID GOVT LOT 9 AND 6 A DISTANCE OF 1,382.36 FEET TO THE SOUTHWEST CORNER OF SAID GOV'T LOT 6; THENCE N. 01°43'35" E. ALONG THE WESTERLY BOUNDARY OF SAID GOVT LOT 6 AND 5 A DISTANCE OF 1,290.42 FEET TO THE NORTHWEST CORNER OF SAID GOV'T LOT 5 (WHENCE A WITNESS CORNER TO THE NORTHWEST CORNER OF SAID LOT 5 BEARS N. 01°43'36" E. A DISTANCE OF 29.83 FEET); THENCE S. 89°05'51" E. ALONG THE NORTHERLY BOUNDARY OF SAID LOT 5, A DISTANCE OF 1,166 .84 FEET TO THE NORTHEAST CORNER OF SAID LOT 5, A 3-1/4" ALUMINUM CAP L.S. NO. 19598 FOUND IN PLACE; THENCE S. 89512'41" E. ALONG THE NORTHERLY BOUNDARY OF SAID GOV'T LOT 8 AND 7 A DISTANCE OF 1,529.49 FEET TO THE NORTHEAST CORNER OF SAID LOT7, A 2-12" GARFIELD COUNTY SURVEYOR ALUMINUM CAP FOUND IN PLACE; THENCE S. 01°58'10" W. ALONG THE EASTERLY BOUNDARY OF SAID LOT 7 A DISTANCE OF 838.23 FEET TO THE SOUTHEAST CORNER OF SAID LOT 7, A 2-1 /2" ALUMINUM CAP L.S. NO. 5933 FOUND IN PLACE; THENCE S. 88°25'59" E. ALONG THE NORTHERLY BOUNDARY OF SAID GOV'T LOT 11 A DISTANCE OF 1,113.33 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 33, A 3-1/4" GARFIELD COUNTY SURVEYOR ALUMINUM CAP FOUND IN PLACE; THENCE S. 68°25'59" E. ALONG THE NORTHERLY BOUNDARY OF SAID GOVT LOT 12 A DISTANCE OF 1,255.38 FEET TO THE CENTER -EAST SIXTEENTH CORNER OF SAID SECTION 33, A 2-1/2" ALUMINUM CAP L.S. NO. 5933 FOUND IN PLACE; THENCE S. 88°25'59" E. ALONG THE NORTHERLY BOUNDARY OF THE NE 114 SE 1/4 OF SAID SECTION 33 A DISTANCE OF 1,255.36 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 33, A 2-1/2" ALUMINUM CAP L.S. NO. 5933 FOUND IN PLACE; THENCE N. 89°59'25" E. ALONG THE NORTHERLY BOUNDARY OF THE NW 1/4 SW1/4 OF SAID SECTION 34 A DISTANCE OF 201.90 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY S. 03°45'23" E. A DISTANCE OF 1,233.01 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID NW 1/4 SW1/4; THENCE N. 89°02'47" E. ALONG SAID SOUTHERLY BOUNDARY A DISTANCE OF 807.09 FEET; THENCE LEAVING SAID SOUTHERLY BOUNDARY S. 02°50'09" E. A DISTANCE OF 1,220.54 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF THE SW 1/4 SW1/4 OF SAID SECTION 34: THENCE S. 88°10'28" W. ALONG SAID SOUTHERLY BOUNDARY A DISTANCE OF 984.24 FEET TO THE SOUTHEAST CORNER OF SECTION 33, A 2" BUREAU OF LAND MANAGEMENT ALUMINUM CAP FOUND IN PLACE; THENCE S. 16°39'59" W. A DISTANCE OF 217.38 FEET; THENCE S. 27°00'32" W. A DISTANCE OF 277.20 FEET; THENCE S. 48°11'02" W. A DISTANCE OF 452.97 FEET; THENCE N 89°49'27' W. A DISTANCE OF 293.51 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET AND CENTRAL ANGLE OF 54°02'27", A DISTANCE OF 188.64 FEET (CHORD BEARS N. 62°4T31" W. A DISTANCE OF 181.72 FEET); THENCE N. 35°45'36" W. A DISTANCE OF 8.96 FEET; THENCE S. 57°4734" W. A DISTANCE OF 100.68 FEET TO A POINT IN AN EXISTING FENCE; THENCE S. 10°53'01" E. ALONG SAID FENCE A DISTANCE OF 648.15 FEET TO AN ANGLE POINT IN SAID FENCE; THENCE CONTINUING ALONG SAID FENCE N. 89°15'38' W. A DISTANCE OF 1,728.64 FEET TO A POINT IN THE WESTERLY BOUNDARY OF THE SW 1/4 NE 1/4 OF SAID SECTION 4; THENCE N. 00°13'22' W. 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MIENwImee,s;Cs ■Ipl 17 e 1 K IPP POPP • IAI tl O M YY4 WIINKNOOPLete4 e.a 0441011 n nummoner i aI.Pmer nrrrw EXHIBIT 10 Filing 1 Final Plat - Recorded c) r s NNIND FINAL PLAT 0:5 A PARCEL OF :AND SITUATED IN TIOTS 5 AND 6, SECTION 32, JOTS 7, 8, 9, 10, 11, 12, THE NE1/4 SF_/4 OF SECTION 33, SW1 / S 1 /I OF SECTION 34 ALT, IN TOWXSHI SO ,,TT IRANG AND ALSO LOTS 2, 3 AND 9 OF SECTION 4, TOWNSHIP 7 SOU7H, RANGE 88 WEST OF COUNTY OF GARFI �; T 1D, S TAT H OF COLORADO, APPROVED BY 7H BOARD nt COUNTY COMMfSSICi�RS OF GARFIELD COUNTY, C 3Lt SHEET f 0 1H I 6 COLORADO BOARD OF COUNTY COMMISSIONERS CERTIFICATE THIS PLAT THIS _.._2DAY OF A 0 FOR FILING WITH THE CLERK AND RECORDER OF GARFIELD COUNTY AND FOR CONVEYANCE TO THE COUNTY OF THE PUBLIC DEDICATIONS SHOWN HEREON; SUBJECT TO THE 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. Bl3 RD OF COU TY 'C°MMISSI0 . ERS OF R`ELD UN '. CO ` RA I0 BY- —� 1 WITNESS MY HLND (AND 1 r ATTEST: COUN' Y CCE K E SEAL OF Tl E COUNTY OF GARFIELD. ATTORNEY'S CERTIFICATE. 44K AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT ALL DEDICATIONS TO THE PUBLIC, AS DESCRIBED ON THI'. FINAL PLAT ARE FREE AND CLEAR OF ANY LIENS, CLAIMS OR ENCUMBRANCES OF RECORD AND FU"ER - ' T THIS 4. ISION IS IN SUBSTANTIAL COMPLIANCE WITH THE GARFIELD COUNTY SUBDIVISII RE U 111 S OF 54. ATTORNEY NJ �".) DATE NOTES: 1 BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF TRUE NORTH DETERMINED BY GPS OBSERVATION YIELDING A BEARING OF S 03'51'22" E BETWEEN THE EAST QUARTER CORNER OF SECTION 33 A 2 1/2" ALUMINIUM CAP LS NUMBER 5933 FOUND IN PLACE, AND THE SOUTHEAST SECTION CORNIER OF SECTION 33 A 3 1/4" BLM ALUMINUM CAP FOUND IN PLACE. 2 THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS AND EASEMENTS OF RECORD CAR IN PLACE. 3 DATE OF SURVEY WAS JANUARY AND FEBRUARY 2001, 4 THIS MAP IS BASED ON A SCARROW AND WALKER/KKBNA, INC. MAP DATED DEC 1977, AND CORNERS FOUND IN PLACE. 5 THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE COMMITMENT, AND EXCEPTIONS TO THE TITLE HAVE NOT BEEN RESEARCHED BY HIGH COUNTRY ENGINEERING, INC. 6 THE INDIVIDUAL LOT OWNERS SHALL BE RESPONSIBLE FOR THE CONTROL OF NOXIOUS WEEDS. 7 APPLICATION FOR A BUILDING PERMIT FOR EACH LOT WITHIN THE SUBDIVISION SHALL INCLUDE A SITE SPECIFIC FOUNDATION STUDY DONE BY A QUALIFIED REGISTERED PROFESSIONAL ENGINEER IN THE STATE OF COLORADO. 8 GARFIELD COUNTY HAS ADOPTED A "RIGHT TO FARM" PROVISION IN THE GARFIELD COUNTY ZONING RESOLUTION IN SECTION 1.08, WHICH STATES AMONG OTHER THINGS, THAT "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, 9 ONE (1) DOG WILL BE ALLOWED I- OR EACH RESIDENTIAL UNIT ON THIS LOT, AND THE DOG SHALL BE REQUIRED TO BE CONFINED WITHIN THE OWNER'S PROPERTY BOUNDARIES. ENFORCEMENT PROVISIONS SHALL BE DEVELOPED FOR ALLOWING THE REMOVAL OF A DOG FROM THE AREA, AS A FINAL REMEDY IN WORST CASES. 10 NO OPEN HEARTH SOLID --FUEL FIREPLACES WILL BE ALLOWED ON THIS LOT. ONE (1) NEW SOLID -FUEL BURNING STOVE AS DEFINED BY C.R.S. 25-7-401, ET. SEG., 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, 11 ALL EXTERIOR LIGHTING SHALL BE THE MINIMUM AMOUNT NECESSARY AND ALL EXTERIOR LIGHTING SHALL BE DIRECTED INWARD, TOWARDS THE INTERIOR OF THE LOT. PROVISIONS MAY BE MADE TO ALLOW FOR SAFETY LIGHTING THAT GOES BEYOND THE PROPERTY BOUNDARIES." 12 HEPWORTH-PAWLAIC GEOTECH'S RECOMMENDATIONS SHALL BE FOLLOWED. SITE SPECIFIC STUDIES SHALL BE CONDUCTED FOR INDIVIDUAL LOT DEVELOPMENT. THE NEED FOR SITE SPECIFIC STUDIES SHALL BE DISCLOSED IN THE COVENANTS AND ON THE PLAT IN THE FORM OF A PLAT NOTE, THOSE RECOMMENDATIONS INCLUDE THE FOLLOWING: A. PROSPECTIVE BUILDING OWNERS SHOULD BE MADE AWARE OF THE POTENTIAL LOW RISK OF EVAPORITE DEFORMATION, IF THE LOW RISK IS NOT ACCEPTABLE TO BUILDING OWNERS, IT CAN BE REDUCED BY THE USE OF HEAVILY REINFORCED FOUNDATION SYSTEM PREFERABLY WITHOUT A BASEMENT. B, IT IS RECOMMENDED THAT BUILDINGS NOT SE LOCATED WITHIN 50 FEET OF THE MAPPED FAULT TRACE UNLESS SITE SPECIFIC STUDIES SHOW THAT A FAULT IS NOT PRESENT OR, IF PRESENT, THE FAULT IS NOT GEOLOGICALLY YOUNG. C. IT IS RECOMMENDED THAT ADDITIONAL SUBSURFACE EXPLORATION BE MADE IN THESE AREAS TO EVALUATE THE ENGINEERING CHARACTERISTICS OF THE LAKE DEPOSITS. D. THE RECOMMENDED FOUNDATION SYSTEM WILL DEPEND ON THE SITE SPECIFIC EXPANSION POTENTIAL, ALSO, A STRUCTURAL FLOOR SYSTEM OVER A CRAWLSPACE MAY BE WARRANTED DEPENDING ON THE EXPANSION POTENTIAL AT A SPECIFIC BUILDING SITE, A SITE SPECIFIC FOUNDATION STUDY BY THE INDIVIDUAL LOT OWNERS SHOULD BE CONDUCTED FOR DESIGN LEVEL RECOMMENDATIONS, E. MORE EXTENSIVE GRADING SHOULD BE EVALUATED ON A SITE SPECIFIC BASIS. AS PREVIOUSLY RECOMMENDED, CUT AND FILL SHOULD NOT EXCEED 10 FEET DEEP AND CUT AND FILL SLOPES SHOULD BE 2:1 (HORIZONTAL TO VERTICAL) OR FLATTER. WE SHOULD REVIEW THE PROPOSED GRADING PLANS WHEN AVAILABLE AND DETERMINE IF ADDITIONAL SUBSURFACE EXPLORATION AND ANALYSIS ARE NEEDED. F. THE CHANNEL CROSSING SHOULD BE DESIGNED FOR THE APPROPRIATE FLOOD DISCHARGE AND INCLUDE PROVISIONS FOR A HIGH SEDIMENT CONCENTRATION FLOODING. HYDROLOGIC ANALYSIS tN THIS AREA SHOULD ALSO CONSIDER FLOOD FLOW VELOCITIES AND THE NEED FOR CHANNEL EROSION STABILIZATION TO PROTECT PROPOSED LOTS 11, 12 AND 13. [BLOCK 2] G. OCCUPIED STRUCTURES SHOULD BE DESIGNED TO WITHSTAND MODERATELY STRONG GROUND SHAKING WITH LITTLE OR NO DAMAGE AND NOT TO COLLAPSE UNDER STRONGER GROUND SHAKING, THE REGION IS IN THE UNIFORM BUILDING CODE, SEISMIC RISK ZONE 1. 13 THIS FILING 1 REPRESENTS PHASE 5 OF THE PHASING PLAN AS APPROV Y THE BOARD OF COUNTY COMMISSIONERS BY ITS RESOLUTIONS 79-64, 79-153 AND 2004- ,�, 14 APPROVAL OF THIS PLAN SHALL CREATE A VESTED PROPERTY RIGHT PURSUANT TO ARTICLE 68 OF TITLE 24, C.R.S., AS AMENDED, 15 ABSOLUTE PROHIBITION ON SALE OF LOTS. NO LOTS WITHIN LAKE SPRINGS RANCH, FILING 1, MAY BE SEPARATELY ADVERTISED, CONTRACTED, RESERVED, LEASED, CONVEYED, SOLD OR OTHERWISE TRANSFERRED PRIOR RO COMPLETION AND ACCEPTANCE BY THE COUNTY OF ALL SUBDIVISION IMPROVEMENTS AS DESCRIBED HEREIN, 16 ABSOLUTE PROHIBITION ON ADDITIONAL FINAL PLATS, UNTIL ALL SUBDIVISION IMPROVEMENTS AS DESCRIBED HEREIN FOR LAKE SPRINGS RANCH, FILING 1, HAVE BEEN COMPLETED AND ACCEPTED BY THE COUNTY, OWNER SHALL BE PROHIBITED FROM SUBMITTING ANY FURTHER FINAL PLANS FOR ANY OTHER PORTION OF LAKE SPRINGS RANCH PUD, 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 COMMENDED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. 2187-322-0D-096 Bryon, Samuel W, P.0, Box 327 't;ienwobd $prtng2, Ct7 81bU2 SHEET 4 2393--042-0D-034 Colorado Mountvin Junior College Distric P•0, Box 10001 Glenwood Springs, CO 61602 VICINITY 'AP SCALE: 1" = 2000' 2187-341-00 134 Niesk,nK, Chad A. & Tanya L (J.t.) 7197 County Road 115 G1cnwnad Springs, CO 81601 SHEET 5 KEY MA SCALE: 1" _ OCO'i 2187-334-00-107 Berkeley, Miriam M. 3961 County Road 114 Glenwood Springs, CO 81601 SHEET 2 2187-343-00-08.3 CCIDrado Mountain Junior P.O. Sox 10001 Glenwood Springs, CO 8 602 2187-343-00-083 2393-042-00-034 Colorado Mountwii Junior Coliege District P.O. Box 10001 Glenwood Springs, CO 81602 $IJRVEYOR'S CERTIFICATE I, JAY L. AXTELL JR., DO HEREBY CERTIFY THAT 1 AM A REGISTERED LAND SURVEYOR UCENSED UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT OF THE LAKE SPRINGS RANCH P,U.D_, FILING 1 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 C' `_' A, A.D. 2004 i_ t JAY L AXTELL JR s L.S. #36052 14ty7°aila3;!°� e District 1 88 'V HE 16, 17, 7Q 21, EST V t-, E1 61 INC IL'AL IT 22, 23 AND PRINCIPAL# MERIDIAN, MERIDIAN, OWNERSH I P AND DEDICATION KNOW ALL MEN BY THESE PRESENTS: THAT THE UNDERSIGNED BERKELEY FAMILY LIMITED PARTNERSHIP 1S THE OWNER OF THAT REAL PROPERTY SITUATED IN TI-4E COUNTY OF GARFIELD, STATE OF COLORADO. BEING A PART OF THE SUBDIVISION KNOWN AS LAKE SPRINGS RANCH PUD., AS SHOWN ON THE ACCOMPANYING PLAT, SAID REAL PROPERTY BEING MORE PARTICULARLYDESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED IN GOV'T LOT 5 AND 6 OF SECTION 32 AND IN GOV'T LOT 7, 5 9, 10, 16, 17, 20 AND 21 OF SECTION 33. TOWNSHIP 6 SOUTH, RANGE 85 WEST OF THE SIX PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 33; THENCE N89`40'02"W ALONG THE SOUTHERLY BOUNDARY OF SAID SECTION 33 A DISTANCE OF 434.92 FEET TO TH POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY BOUNDARY N89 4C'02"W DISTANCE OF 2,067.79 FEET TO THE SOUTHWEST CORNER OF SAID GOV'T LOT 20; THENCE LEAVING SAID SOUTHERLY BOUNDARY NO1'58'08"E ALONG THE WESTERLY BOUNDARY OF SAID GOV'T LOT 20 AND 17 A DISTANCE OF 2,064.02 FEET TO THE NORTHWEST CORNER OF SAID GOV'T LOT 17; THENCE LEAVING SAID WESTERLY BOUNDARY N87'10'45"W ALONG THE SOUTHERLY BOUNDARY OF SAID GOUT LOT 9 AND 6 A DISTANCE OF 1352.36 FEET TO THE SOUTHWEST CORNER OF SAID GOV'T LOT 6; THENCE LEAVING SAID SOUTHERLY BOUNDARY 1,101`43'36"E ALONG THE WESTERLY BOUNDARY OF SAID GOV'T LOT 6 AND 5 A DISTANCE OF 1260.41 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SPRING VALLEY ROAD (PROPOSED); THENCE LEAVING SAID WESTERLY BOUNDARY SB9'05'51 "E ALONG SAID RIGHT-OF-WAY A DISTANCE OF 1129.93 FEET; THENCE CONTINUING ALONG SAID RIGHT -OF --WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1,320,00 FEET AND A CENTRAL ANGLE OF 32`57'29", A DISTANCE OF 759,30 FEET (CHORD BEARS 57237')6"E A DISTANCE OF 748.88 FEET); THENCE LEAVING SAID RIGHT-OF-WAY S39'45'38"W A DISTANCE OF 201.52 FEET, THENCE 319'49'18"E A DISTANCE OF 223.31 FEET; THENCE 539-03'44"E A DISTANCE OF 517.33 FEET; THENCE N5933'O5"E A DISTANCE OF 317.38 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SPRING VALLEY ROAD (PROPOSED) ; THENCE ALONG SAID RIGHT--OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1,620.00 FEET AND A CENTRAL ANGLE OF 03'32'14", A DISTANCE OF 1 00.01 FEET (CHORD BEARS S30'36'47"E A DISTANCE OF 100,00 FEET); THENCE LEAVING SAID RIGHT-OF-WAY S5933'05"W A DISTANCE OF 365.10 FEET; THENCE S47'51'59"W A DISTANCE OF 190.00 FEET; THENCE 521"59'27"E A DISTANCE OF 473_64 FEET; THENCE S75'25'47"E A DISTANCE OF 190.00 FEET; THENCE S17"00'24"E A DISTANCE OF 602.96 FEET; THENCE 531'20'56"E A DISTANCE OF 929.26 FEET; THENCE S53 05'20"E A DISTANCE OF 415.90 FEET; THENCE S00'19'58"W A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING; SAID PARCEL OF LAND CONTAINING 118.504 ACRES, MORE OR LESS, THAT SA10 OWNER HAS CAUSED THE SAID REAL PROPERTY TO BE LAID OUT AND SURVEYED AS LAKE SPRINGS RANCH P.U.D., FILING 1, A SUBDIVISION OF A PART OF GARFIELDCOUNTY, COLORADO. THAT SAID OWNER DOES HEREBY DEDICATE AND S1T APART ALL OF THE STREETS AND ROADS AS SHOWN ON THE ACCOMPANYING PLAT TO THE USE OF THE PUBLIC FOREVER, AND HEREBY DEDICATES TO THE PUBLIC UTILITIES THOSE PORTIONS OF SAID REAL PROPERTY WI•IICH ARE LABELED AS UTILITY EASEMENTS ON THE ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES, IRRIGATION AND DRAINAGE FACILITIES, INCLUDING BUT NOT LIMITED TO ELECTRIC LINES, GAS LINES, TELEPHONE LINES; TOGETHER WITH THE RIGHT TO TRIM INTERFERING TREES AND BRUSH; WITH PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION ANDMAINTENANCE OF SUCH LINES. SUCH EASEMENTS AND RIGHTS SHALL BE UT I L I ZED IN A REASONABLE AND PRi PRUDENT MANNER. THAT ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURN I SHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTY OF GARFIELD. IN WITNESS HEREOF SAID OWNER IJAS CAUSED HIS NAME TO BE HEREUNTO SUBSCRIBED THIS 4D t DAYOF MO_VE.Prk Y , A . 0 _ , 2004 STATE OF COLORADO eite.se-eLVI FRivaLq 811 )ss COUNTY OF GARFIELD THE FOREGOING DEDICATION WAS ACKNOWLEDGED BEF A.D., 2004, BY MY COMM I SS I ON EXPIRES: WITNESS MY HAND AND SEAL TH E A L...rmtTED P IL-NE(4s 14tP DAY OF cpUN3Y St.tRVEyOR"S CERTIFICATE APPROVED FOR CONTENT AN ) FORM ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATION •..D DRAFIIN RBUANT TO C.R.S.. 38-51-101 AND 102 (REVISED). GARFIELD COUNTY SURVEYOR DATE Ti-IIS PLAT WAS FILED FOR OF GARFIELD COUNTY AT ruFaemalecPAGE BY: ERK AND RE ORDER'S CERTIFICATE RECORD. IN THE OFFICE O THE CLERK AND RECORDER /f q3 O'CLOCK M., ON THE DAY OF D. 2064, AND IS DULY RECORDED IN BO - K RECEPTION NO, 6‘a'„i Fee. rq. wee c, z : I,. o w z° 2 z 00 Pi" NO jo Unutz t>, 30(9.4 4Q. } <�J I EOGp uooz aiMz �°Oar: mDo 0 0) 0 d r IL ZCO Li t 14. w iu U oz coo tax fzia 0 Li tl) in zt t U tit 40III nsk la 41 t Ea rn tlri:r� Z 03 lt? 1 30. Q0' NW COR LOT 5 WITNESS COR 2-3/4" GARCO ALUM CAP 4i- BEARS N 01%4336" E 29.83' s ar —J LJ LI SW COR LOT 6 2-V44 $ARCO ALUM GAP 1166.84' GOV'T LOT 5 SEC, 32 S88'5V2rE 1175,86' GOV'T LOT 6 SEC. 32 13 2.36 NW CORNER LOT 17 SET 3 1/4" CAP LS# 19598 NW CORNER LOT 20 SET 3 1/4* CAP LS# 19598 SW CORNER LOT 20 SET 3 1/47 CAP LS# 19598 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 DErEcr, IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN 'YEARS FROM THE DATE OF CERTIFICATIC)N SHOIN HEREON. 6.52' - 7.1 d ,1/44 al 00 coz , 3-1/4" GARCO 4IIM BRASS CAP 0 W1/4 SEC 33 S 6912'41" E Q2 ft • ;CO k . 'f•A S 58'2559" E GOV'T LOT 10 SEC. 33 S 89'34'08 LA NE CORNER LOT 7 2,5" CARCO ALUM CAP _1129.4._SL 1282.971 GOV'T LOT 17 SEC. 33 GOV'T LOT 7 SEC. 33 1321,91' 4,1 09500 S.F.* 94.341 Ac.* CENTERLINE 60' R.O.W. FOR PROPOSED SPRING VALLEY ROAD N 8947149" E 1355.54 GOV'T LOT 20 SEC. 33 1379. N 8 *40'02". C3 • cd) q N 00-1-6'33- E 1324.73' W-C1/16 SEC 33 2-1/2" ALUM CAP LS# 5933 $8825'59" E . . 1113.34' GOV'T LOT 11 SEC, 33 EXISTING CENTERLINE 30' UTILITY EASEMENT S 89'34'O8" E, 1115,28' // GOV'T LOT 16 SEC, 33 SE CORNER LOT 20 SET 3 1/4" CAP LS# 19598 N 86.*7'49" E GOV'T LOT 21 SEC. 33 4 687.81' 2067.79 POINT OF BEGINNING SET REBAR AND CAP LS# 19.598 (TYPICAL) Ala 1223,71' )\) FINAL PLAT 1 SHEET 2 OF 6 C1/4 SEC 33 3-1/4" GARCO ALUM CAP 130,41' v> S 8934'08" E t#3 •-• I 0) t" 1185.99' • — S 89'09'01" E S 8949.18" E 83.53' — 4:34.92' S1 /4 SEC 33 2-1/2" BRASS CAP LS# 5933 GOV'T LOT 3 SEC, 4 1255,38' GOV'T LOT 12 SEC. 33 C—E1/16 SEC 33 2,5" BRASS CAP LS# 5938 3624.09' 1255.38' NE1/4SE1/4 SEC. 33 CENTERLINE 60' NON-EXCLUSIVE ACCESS/UTILITY EASEMENT TO BE VACATED 'UPON FUTURE FILING OF LAKE SPRINGS RANCH P.U.D. AND RE-CREATED AS PUBLIC CENTERLINE 6r7 RIGka OF WAY — . R,O,W, FOR S 59.09'01" EXISTING COUNTY ROAD 114 GOV'T LOT 14 SEC, 33 N 89'47'49" E 1445.85' GOV'T LOT 23 SEC, 33 N 5949'18" W COV'T LOT 2 SEC. 4 S89`51.49"W 1555.50' GOV'T LOT 9 SEC, 4 SW CORNER LOT 9 3-1/4" GARCO ALUM CAP N 8946'50" W SE CORNER LOT 9 FOUND REBAR & CAP LS# 19598 1343.47' GOV'T LOT 13 SEC, 33 lz ig -07 cnQQ0) I2602.73' N 8952.09" W E1298,27k i /I 0 P' I - (.0 SE CORNER LOT 2 FOUND REBAR AND CAP --- S 89'51 49" W 213.40' 0 I 1127.68' E1/4 SEC 33 2-1/2" ALUM CAP LS# 5933 01 P 0' S1/16 SEC 33 AND 34 2" ALUM CAP LS# 5933 N 89'02'47" E $ 85.10128" W SE COR SEC 33 2" BLM ALUM CAP GRAPHIC SCALE 300 0 t 50 300 000 ME 11111111111111 11111111111111111111111111111111 MN ME NNW • 1200 1364.84' ACCESS AND UTILITY EASEMENT C`IAPE CAA1-1 1r ••311V VII I / SEC. 34 1342.29' KEY MAP SCALE 1" = 1000' ( IN FEET ) 1 inch 300 ft. SW1/16 SEC 34 FOUND REBAR & CAP LS# 19598 W1/16 SEC 34 & SEC 3 FOUND REBAR & CAP LS# 19598 SHEE SHEET 4 SHEET 5 —___J 8 SHEET 2 ET 6 U) 0 0 4 to Tfa z w >0* z 0 0 C\I 13 11, E; Lo 0 0 C.) tn 0 6 ch 2 X 3 ZLLJ 0 CI? lt1 w /4, o jL PROJECT NO 2041 025.00 051 1 2-- 3/4" GARCO ALUM CAP SW COR LOT 6 WITNESS COR j‘ivz- BEARS N 01'43'36" E 29.83' 256.61' 226.12 FILING 1 S 89'05'5 „ .223.02' FILING 1 5 89'05' 1" E 219.88 f FILING 1 1LOT 43, 560 S,F.± 1.000 Ac.± S L 9,L1.5' 1" 210.7 3'. FILING 1 LOT 4 43,560 S,F.± 1.000 Ac.± FILING 1 LOT 5 43,560 S,F.± 1,000 Ac,± / / FILING 1 /LC T 7 / 43,560 S.F. 1,000 Ac. 2-3/4" GARCO ALUM CAP SW COR LOT 6 30' 30' .. � S 89'05'51 » E PRIN Q VAL 49,847 S,F,± 1.144 Ac.± BUILDING ENVELOPE, TIP. N 87'21'34" W 356.79' 181,i p' FILING 1 LOT 16 44,923 S.F.± L1.031 Ac.± 248.73' N 87'21'34" W 200, 01' NOTICE; ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN TFIREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION EASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. 17.28' FILING 1 �+ LOT 19 43,600 S.F.± 1.001 Ac.± 265.00' FILING 1 LOT 14 45,379 S.F.± 1.042 Ac.± 7 151,54` r N 87'1 0'45" W SHEET SCALE: 1" = 1000' 1166.84' 872,90' 0 UTILITY EASEMENT 377.a3' FILING 1 LOT-1 - 43,732 S.F.± 1.004 Ac,± SET 3 1/4" CAP LS# 19598 GOV'T LOT 5 SEC. 32 TILI TYASEMEN T- 0 \ 81 t,0ING ENVELOPE, TYP,-j FILING 1 `?. LOT 11 '.� `\49>651 S,F.± FILING 1 .t3 1,140 Ac,± LOT '$ 447049 S,F.± ' 1.025 Ac.± \ C ff 79.87' 1382,36' GRAPHIC SCALE 50 100 200 GOV'T LOT 6 SEC. 32 UTILITY & DRAINAGE EASEMENT 3-1/4" GARCO BRASS CAP W1/4 SEC 33 SET 3 1/4" CAP LS# 19598 246.52' A = 32'57' 29" R = 132.0, 00' L 759.30' CB= N 72'37'06" W C = 748.88' FINAL PLAT SH3 OF 6 S 89'12'41" E SET REBAR AND CAP LS# 19598 AGRICULTURAL RE$ RVE 4,109,500 S.F.± 94.341 Ac,± GOV'T LOT 10 SEC. 33 0 = 51'08'44" R = 1350.00' L = 1205.09' CB= N 63'31'29" W C = 1165,48' CURVE TABLE CURVE LENGTH RADIUS TANGENT DELTA CHORD CHORD DIRECT C1 316,55' 200,00' 202.41' 90041110" 284,53' S42°42'09"E 010 72,10' 50,00' - 43,95' 82°37'30" 66,02' S88451'06'W C11 55,11' 50,00' 30,73' 63°08' 0' 52,36' N18°1 '45''W C12 31,94' 50,00' 16,53' 36435'53' 31,40' N31°5'37'E C13 75,47' 49,89' 47,07' 86°39' 2' 68.48' S86°52'22'E C14 15,50' 20,00' 8,16' 44°24'55' 15.12' N69°44`48'E C15 15,53' 20,00' 8,18' 44°28'33' 15,14' N65448127'W C16 269,07' 170.00' 172.05' 90.41'10" 241.85' S42°42109'E C17 68.47' 230.00' 34.49' 17°03'22' 68,21' S79°31103"E C18 80,00' 230.00' 40.41' 19'55'44" 79.60' S61°01'3 YE C19 107,79' 230,00' 54.90' 26°51'02' 106,80' S37°38`07'E C20 107,79' 230,00' 54.90' 26°51102" 106,80' S10°47"05"E C21 15,50' 20,00' 8,16' 44°24'55" 15,12' N70725158"E C22 85,35' 50,00' 57.32' 97°48'10" 75,36' N82952'24'W C23 63,90' 50,00' 37,15' 73°13'30' 59,64' N0°38'261E C24 85.35' 50.00' 57,32' 97048`10" 75,36' N 38°09'16"E C25 15,50' 20.00' 8,16' 44°24'55" 15,12' N65°09'06'W GOV'T LOT 17 SEC. 33 1529, 49' 12 82.97' GOV'T LOT 7 SEC, 33 60' PUBLIC RIGHT OF WAY 1• ■ imam■ ■ maws ■ ■ommon■ ■inumm ■ ■imanam at ■ nommi■ IN mom.1r ■ anam ® as maim ■ no mom MATCH LINE - SEE SHEET 4 " AA NOR TH2.5EASTCCORNERRGOALUM OCT P 7 A= 3'32'14" R=1620.00 L=100,02 C6=S30`36'46"E C=100.O0 35'08'32" R=1650.00 L=1012.02 CB=S 20'22'51" E C=996.23 56.6'10'28"W 45.34' 2-1/2" ALUM CAP LS# 5933 WC1/16 SEC 33 30' EXCLUSIVE UTILITY EASEMENT EXISTING CENTERLINE 30' U IILITY EASEMEN I S 21'18'31" E 290.79' 3624,09' S 28'02'01" E 394.27' S 27'09'13 W 185,31' EXISTING CENTERLINE 30' UTILITY EASEMENT th l PROJECT NO. 2041025.00 051f1 PLATKO MATCH LINE.— SEE SHEET 3 SET 3 1/4" CAP LS# 19598 GOV'T LOT 20 r-rs, -- GRAPHIC SCALE 50 100 200 400 '`,TAJ;J:•:„' NOTICE: ACCORDING 10 COLORADO LAW YOU MUST OCIIyIlyIENpc ANY LEOAL 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 MI THIS SURVEY DE COMMENCED MORE THAN TN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON, N 89'40024 W SCALE 1" = 1000' 1 • j k k I SiipET 6 2067 79' SET 3 1/4" CAP LS# 19598 FINAL PLAT IIII IIIII1411\ Ill 11111111.111. No I Imo= a is \ \ \ • ul pliming on IIII IIIIIIMMIll XI 101 .1.0.1.111 . Pi iiiiiiili I. . ipiipoil 0. pi MATC -I LINE — SE 'ili SHEET 5 in \ \ 1 \ \ i \4==2983,25'2 1" \ \ \S 28'21'46" E R42,34 563.773 L=46938\ C=$17'04'45" \ \ cm484,4 \ I \ \ \ \\\ 0 l) —.1 \ \ > 6 (." I \ \ \ \ \\ • t \\\ \ \ \ \ \ I \ \ 1 \ \ s0g9os'05" E i RICHT OF WAY ao' PUBLIC \ \ i \ \ \ \ \ \ 1 \ \ \\\ \ \ S 37'35110" E I\ \ 218.53' ..,. \ \ \ \\\ / \ \ \ I •`...?;, A,,4°,50 51 UTIUTY EASEMENT cEXmISTETtruNE 30, i / I 5 3113'29" c\I 04 I 4.., R=823.00 \ CS.64N'8249'42'43 E Cr---64.82 \\ .1 \ \ 60' CR114 PUBLIC / Iv Pit AT ". 41 74 I \ \ \ \\\ \ ' ‘) RIGHT OF WAY / S. 33 0 T LOT 21 CL73.36s0.5149t .5947,, E C-4350.06 CB—N 06c3:8:4513721;5c0E2 A .-.-- 47'00'10" i i RA:4437'61.73'642" A;=R4=1 3'34;80, 5 0" 7 / 111 / N.N.N".,... / R 347.50' —_______ cat 2S7701'557'12" W 2502.71' S 0O'19'58" 50.00' S 1732'31" E 130.00' N 85'01'56" E 245.00' 2-1/2" BRASS CAP LS# 5933 S1/4 SEC 33 S 78.38'41" '363.22' $ 23'5512n W 141.70' S 28'23'56" W 148.91' EXISTING CENTERLINE 30' UTILITY EASEMENT N 19'32'53" W 82.64' S 19.36' " E .21' N 34'0 '28" E 88.62' . — A= 5342'21" R = 347.50' L = 325.73' Cat* N 07`1818" E C 313,93' 8 cs4 0 0ci ) < ti) 61 0 DOZ LI 0 14,' Z < >. R E a w Li. 0 4t 0 › Z d L j5oJ PROJEC.i NO. 2041025.00 0511 ✓ PA H ri ■ 2 GOV'T LOT 11 SEC, 33 GOV'T LOT 16 SEC. 33 i■1220211122 KEY MAP SCALE; 1 " = 1000' NOTICE; ACCOROiNO TO COLORADO LAN! YOFJ MUST COMMENCE ANY LEGAL. ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DfSCQVFR SUCH DEFECT. 1N NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT 1N THIS %J EY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CEftT'IFICA'T10N SHO HEREON. 2367,91' 3-1/4" GARCO ALUM CAP C1/4 SEC 33 MATCH LINE SEE SHEET 4 100 0 50 GRAPHIC SCALE 100 200 400 ( IN FEET ) 1 inch — 100 ft. NG 4-1 z U ■ ■ ■ FINAL PLAT SHEET 5 OF 6 GOV'T LOT 12 SEC. 33 q11,13.15-7 /1=22"45'1 R=572.26 L= 227, 26 CB=N 43'20'44" E C=225,77 -362 9!,.. GOV'T LOT 14 SEC. 33 /1=191H' S9" R= 562.00 L =189,47 C8=N 45'03'50" E C= 188.57 2.5" BRASS CAP LS# 5938 CE1/16 SEC 33 60' CR114 UBLtC RIGHT OF WAY ZA, L+ 15'03`46" R=562,00 L=147.75 CB= N 42'56' 13' C=147,32 A) /4 Ag:y - A= 7'12`32" R=823.00 t..=t 03.55 CB=t 46'51'50" E C=103.48 663.61' = 716'12" R = 892.00' L 113,18' CB= N 39'37'28" E C 113.11' /4? 60' NON-EXCLUSIVE ACCESS/UTILITY EASEMENT TO BE VACATED UPON FUTURE FILIK OF LAKE SPRINGS RANCH P.U.D. AND RE-CREATED AS PUBLIC RIGHT OF WAY GOV'T LOT 13 SEC. 33 mossom1■ 1111 ■ ■ 1I .111 ■ 1)1 ti SY ■i ■ ■ ■ U ■ ■ z ■ r,, z oQ N 0 17.0 z }-0 rs ca 0 Int o WIN NE1 /4SE1 /4 SEC. 33 2-1/2" ALUM CAP LS# 5933 E1/4 SEC 33 60' NON—EXCLUSIVE ACCESS/UTILITY EASEMENT TO BE VACATED UPON FUTURE RUNG OF LAKE SPRINGS RANCH P,V.D, AND RE—CREATED AS PUBLIC RIGHT OF WAY MATCH LINE - SE H, THIS SHEET SCALE: 1" = 1000' NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT iN THIS SURVEY WiTH1N THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT, IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN IMIS SURVEY DE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOI,M HEREON. SEE THIS SHEET A= 54'10' 24" R=850,0.0 L= 803.68 C6=S 19'46'59" E C=774.07 A=102'49'58" -- R=200.00 L=358.95 CB=S 44'05'46" E C=312.68 2" ALUM CAP LS NU€BER 5933 51 /16 SEC 33 AND 34 FINAL PLAT 125.27' A = 57'24'55" R = 300.00' CBIL=300,63' N 09'08'18" W C = 286.20' 60' NON --EXCLUSIVE ACCESS/ TILITY EASEMENT TO BE VAATED UPON FUTURE FlLI G OF LAKE SPRINGS RANCH P.u,D: AND RECREATED AS PUBLIC RIGHT OFF WAY 30' WELL EASEMENT 2" SLM ALUM CAP SOUTHEAST CORNER SEC 33 [:64'55'05" R=380.00 L= 431 .55 CB=N 52'01 '43" E C=407.89 N 89'02'47" E Ak= 34'30'24" R=250.00 L= 150.56 CB=N 20'35'33" W C=148.30 A=45'43' 12" R=300.00 L-239.39 CBgAN 14'69'09" W G-233.09 A 11'41'43" R=300.00 L=61,24 CB=N 13'43'19" E C=61.13 ACCESS AND UTILITY EASEMENT A = 14'15'10" R = 210.00' L = 52.24' CB= N 75'07'35" W C=52.10' N 33'02'30" W 83:23' N 39'48'27" W 26.45' S 88'10'28" W N 06'49'41" W 144.76' 1239.57' GRAPHIC SCALE 1364.84" FOUND REBAR AN10 GAP 1..S NUMBER 1959: S 4=83'34'48" R= 230, 00 L=33.5.51 CB=S 40'27'46" E C=306.55 S 01'19'38" W 99.45 5= 270'00'00' R=48.00 L= 226.19 CB=N 43'40`22" W C=67.88 SW1 /4SW1 /4 SEC. 34 FOUND REBAR AND CAP LS NUMBER 19598 FOUND REBAR AND CAP LS NUMBER 19598 PROJECT NO. 2041025.00 0511 FLAT-0E EXHIBIT 11 Filing 2 Final Plat - Recorded • Nc:744 FILING NO. - LOT NO. FIUNG 2-LOT 1 FILING 2-LOT 2 FILING 2-LOT 3 FILING 2-LOT 4 FIUNG 2-LOT 5 FILING 2-LOT 6 FILING 2-LOT 7 FILING 2-LOT 8 FILING 2-LOT 9 FILING 2-LOT 10 FILING 2-LOT 11 FIUNG 2-LOT 12 FILING 2-LOT 13 FILING 2-LOT 14 LAND USE SUMMARY AREA (AC+/) ZONE 0.774 R/S.F. 0.658 R/S.F. 1.018 R/S.F. 1.029 R/S.F. 0.950 R/S.F. 1.093 R/S.F. 1.146 R/S.F. 1.021 R/S.F. 0.982 R/S.F. 0.772 R/S.F. 0.717 R/S.F. 0.844 R/S.F. 0.939 R/S.F. 1.035 R/S.F. A PARCEL OF LOTS 7, 8, 10, 1 1 ADDRESS 17 RIVENDELL COURT 37 RIVENDELL COURT 45 RIVENDELL COURT 38 RIVENDELL COURT 18 RIVENDELL COURT 125 SPRING VALLEY ROAD 153 SPRING VALLEY ROAD 171 SPRING VALLEY ROAD 142 SPRING VALLEY ROAD 19 MIRIAM COURT 53 MIRIAM COURT 26 MIRIAM COURT 52 MIRIAM COURT 16 SPRING VALLEY ROAD TOTAL LOT AREA RIGHT-OF-WAY OPEN SPACE CONSERVED PARCEL 12.978± ACRES 2.461± ACRES 2.364± ACRES 76.179± ACRES TOTAL 93.982± ACRES PLAT NOTES 1. BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF TRUE NORTH DETERMINED BY GPS OBSERVATION YIELDING A BEARING OF S03'51'22"E BETWEEN THE EAST QUARTER CORNER OF SECTION 33 A 2 1 /2" ALUMINUM CAP LS NUMBER 5933 FOUND IN PLACE, AND THE SOUTHEAST SECTION CORNER OF SECTION 33 A 3 1/4" BLM ALUMINUM CAP FOUND IN PLACE. 2. DATE OF SURVEY WAS JULY 2018 3. LINEAR UNITS USED TO PERFORM THIS SURVEY WERE U.S. SURVEY FEET. 4. THIS SURVEY IS BASED ON THE FINAL PLAT OF LAKE SPRINGS RANCH P.U.D. FIUNG 1 RECORDED AS RECEPTION NO. 664629, A SCARROW AND WALKER/KKBNA, INC. MAP DATED DEC 1977, AND CORNERS FOUND IN PLACE. 5. THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS AND EASEMENTS OF RECORD OR IN PLACE AND EXCEPTIONS TO TITLE SHOWN IN THE TITLE COMMITMENT PREPARED BY LAND TITLE GUARANTEE COMPANY, DATED MAY 15, 2015 (ORDER NUMBER CW63009590-2). 6. CONTROL OF NOXIOUS WEEDS IS THE RESPONSIBIUTY OF THE PROPERTY OWNER IN COMPUANCE WITH THE COLORADO NOXIOUS WEED ACT AND THE GARFIELD COUNTY WEED MANAGEMENT. 7. APPLICATION FOR A BUILDING PERMIT FOR EACH LOT WITHIN THE SUBDIVISION SHALL INCLUDE A SITE SPECIFIC FOUNDATION STUDY DONE BY A QUALIFIED REGISTERED PROFESSIONAL ENGINEER IN THE STATE OF COLORADO. 8. COLORADO IS A "RIGHT TO FARM" STATE PURSUANT TO C.R.S. 35-3-101, et. seq. LANDOWNERS, RESIDENT AND VISITORS MUST BE PREPARED TO ACCEPT THE ACTIVITIES, SIGHT, SOUNDS AND SMELLS OF GARFIELD COUNTY'S AGRICULTURAL OPERATIONS AS A NORMAL AND NECESSARY ASPECT OF UVING IN A COUNTY WITH A STRONG RURAL CHARACTER AND A HEALTHY RANCHING SECTOR. THOSE WITH AN URBAN SENSITIVITY MAY PERCEIVE SUCH ACTIVITIES, SIGHTS, SOUNDS AND SMELLS ONLY AS INCONVENIENCE, EYESORE, NOISE AND ODOR. HOWEVER, STATE LAW AND COUNTY POLICY PROVIDE THAT RANCHING, FARMING OR OTHER AGRICULTURAL ACTIVITIES 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-NEGUGENT MANNER. THEREFORE, ALL MUST BE PREPARED TO ENCOUNTER NOISES, ODOR, UGHT, MUD, DUST, SMOKE, CHEMICALS, MACHINERY ON PUBLIC ROADS, UVESTOCK ON PUBLIC ROADS, STORAGE AND DISPOSAL OF MANURE, AND THE APPUCAT1ON 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. 9. TWO (2) DOGS WILL BE ALLOWED FOR EACH RESIDENTIAL UNIT ON THIS LOT, AND THE DOG SHALL BE REQUIRED TO BE CONFINED WITHIN THE OWNER'S PROPERTY BOUNDARIES. ENFORCEMENT PROVISIONS SHALL BE DEVELOPED FOR ALLOWING THE REMOVAL OF A DOG FROM THE AREA, AS A FINAL REMEDY IN WORST CASES. 10. NO OPEN HEARTH SOLID -FUEL FIREPLACES WILL BE ALLOWED ANYWHERE WITHIN THE SUBDIVISION. ONE (1) NEW SOUD-FUEL BURNING STOVE AS DEFINED BY C.R.S. 25-7-401, ET. SEQ., AND THE REGULATIONS PROMULGATED THEREUNDER, WILL BE ALLOWED IN ANY DWELUNG UNIT. ALL DWELLING UNITS WILL BE ALLOWED AN UNRESTRICTED NUMBER OF NATURAL GAS BURNING STOVES AND APPLIANCES. 11. ALL EXTERIOR UGHT1NG SHALL BE THE MINIMUM AMOUNT NECESSARY AND ALL EXTERIOR LIGHTING SHALL BE DIRECTED INWARD AND DOWNWARD, TOWARDS THE INTERIOR OF THE LOT. PROVISIONS MAY BE MADE TO ALLOW FOR SAFETY UGHTING THAT GOES BEYOND THE PROPERTY BOUNDARIES. 12. ABSOLUTE PROHIBITION OF LOTS. NO LOTS WITHIN LAKE SPRING RANCH, FIUNG 2, MAY BE SEPARATELY ADVERTISED, CONTRACTED, RESERVED, CONVEYED, SOLD OR OTHERWISE TRANSFERRED PRIOR TO COMPLETION AND ACCEPTANCE BY THE COUNTY OF ALL SUBDIVISION IMPROVEMENTS AS DESCRIBED HEREIN. 13. APPROVAL OF THIS FINAL PLAT SHALL CREATE A VESTED PROPERTY RIGHT PUSUANT TO ARTICLE 68 OF TITLE 24, C.R.S., AS AMENDED. 14. SITE SPECIFIC GEOTECHNICAL STUDIES SHALL BE CONDUCTED FOR INDIVIDUAL LOT DEVELOPMENT AND THIS REQUIREMENT SHALL ALSO BE DISCLOSED IN THE COVENANTS WITH THE FOLLOWING RECOMMENDATIONS. A) THERE IS A LOW RISK OF EVAPORATE DEFORMATION WHICH CAN BE REDUCED BY THE USE OF HEAVILY REINFORCED FOUNDATION SYSTEMS PREFERABLY WITHOUT A BASEMENT. BUILDINGS SHOULD NOT BE LOCATED WITHIN 50 FEET OF THE FAULT TRACE IDENTIFIED IN FIGURE 1 OF THE HP GEOTECH REPORT DATED JANUARY 15, 2010 AS ATTACHED TO RESOLUTION 2012-80. ADDITIONAL SUBSURFACE EXPLORATION SHOULD BE MADE IN AREAS TO EVALUATE THE ENGINEERING CHARACTERISTICS OF THE LAKE DEPOSIT. THESE AREAS INCLUDE LOTS 6, 7, AND 8 OF FILING 2 AND THE WESTERN PORTIONS OF SPRING VALLEY ROAD. D) THE RECOMMENDED FOUNDATION SYSTEMS WILL DEPEND ON THE SITE SPECIFIC EXPANSION POTENTIAL. ALSO, A STRUCTURAL FLOOR SYSTEM OVER A CRAWLSPACE MAY BE WARRANTED DEPENDING ON THE EXPANSION POTENTIAL AS A SPECIFIC BUILDING SITE. A SITE SPECIFIC FOUNDATION STUDY BY THE INDIVIDUAL LOT OWNERS SHOULD BE CONDUCTED FOR DESIGN LEVEL RECOMMENDATIONS. E) MORE EXTENSIVE GRADING SHOULD BE EVALUATED ON A SITE SPECIFIC BASIS. CUT AND FILL SHOULD NOT EXCEED 10 FEET DEEP AND CUT AND Alt SLOPES SHOULD BE 2:1 (HORIZONTAL TO VERTICAL) OR FLATTER. A CERTIFIED PROFESSIONAL ENGINEER REGISTERED IN THE STATE OF COLORADO SHOULD REVIEW THE PROPOSED GRADING PLANS WHEN AVAILABLE AND DETERMINE IF ADDITIONAL SUBSURFACE EXPLORATION AND ANALYSIS ARE NEEDED. F) OCCUPIED STRUCTURES SHOULD BE DESIGNED TO WITHSTAND MODERATELY STRONG GROUND SHAKING WITH UTTLE OR NO DAMAGE AND NOT TO COLLAPSE UNDER STRONGER GROUND SHAKING. THE REGION 1S IN THE UNIFORM BUILDING CODE, SEISMICSITECLASS B. 15. PROPOSED CODES, COVENANTS AND RESTRICTIONS BOOK ' y A PAGE NA 16. THE CURRENT SURFACE OWNER IS: "Rez# 9 2 5313 THE BERKELEY FAMILY LIMITED PARTNERSHIP AND AKA THE BERKELEY FAMILY LLLP 4001 COUNTY ROAD 114 GLENWOOD SPRINGS, CO 81623 17. THE CURRENT MINERAL OWNER IS: CLARENCE JOHNSTON ADDRESS UNKOWN. 18. THE 1926 GARFIELD COUNTY SURVEY OF SPRING VALLEY ROAD (RECORDED IN PLAT BOOK G, CARD NUMBER 00235, INDEX 0961) DELINEATED THE CENTERUNE BASED ON THE SURVEYED CENTERUNE OF THE COUNTY ROAD AND OFFSETTING 30 FEET EACH SIDE TO ESTABUSHED A 60 FOOT WIDE RIGHT OF WAY. THIS RESULTED IN AN ENCROACHMENT OF THE PUBLIC RIGHT OF WAY INTO THE ORIGINALLY DESIGNED FIUNG 2, LOT 1. THIS SAID ENCROACHMENT WAS NEGATED BY ADJUSTING THE EASTERLY BOUNDARY OF FIUNG 2, LOT 1 AS SHOWN HEREON TO EXCLUDE 409 SQUARE FEET WITHIN THE AREA OF THE SAID PUBUC RIGHT OF WAY. B) C) CERTIFICATE OF TAXES PAID 1, THE UNDERSIGNED, DO HEREBY CERJfFY THAT THE ENTIRE AMOUNT OF TAXES AND ASSESSMENTS DUE AND PAYABLE AS OF 8 L W7 `` %OP 19 , UPON ALL PARCELS OF REAL ESTATE DESCRIBED ON THIS PLAT ARE PAID IN FULL. DATED THIS DAY OF A U.6.u.s-r , A.D., 2019 BY: TREASURER OF GARF LD COUN NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DIVER 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. 9 FINAL PLAT LAKE SPRINGS PUD oi• FILING O. 2LAND SITUATED IN LOT 3 OF SECTION 4, TOWNSHIP 7 SOUTH, RANGE 88 WEST, LOT 5 OF SECTION 32 AND 14, 15, 16, 17, 21, 23 OF SECTION 33, TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO. CERTIFICATE OF DEDICATION AND OWNERSHIP VICINITY MAP SCALE: 1" = 1000' TITLE CERTIFICATE 1, C`t‘ ty4 & Q\ ac.N-(kr THE STATE OF-eot8RADo, OR 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 BERKELEY FAMILY UMITED PARTNERSHIP, FREE AND CLEAR OF ALL UENS AND ENCUMBRANCES (INCLUDING MORTGAGES, DEEDS OF TRUST, JUDGMENTS, EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD Rh-LC-TING THE REAL PROPERTY IN THIS PLAT), EXCEPT AS FOLLOWS: E X CAkrY 10 AS `J 1'‘O V `r% Or C M (Vvovit DATED THIS a it DAY OF b , A.D., 20X TITLE COMPANY: LI\ N o 1 \.k CO . /YN• AGENT OR BY: ATTORNEY COLORADO ATTORNEY REGISTRATION NO. COUNTY COMMISSIONERS CERTIFICATE THIS PLAT IS APPROVED BY. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO THIS Cj +w DAY OF 6e tervi befA D , 20 14 , FOR FIUNG WITH THE CLERK AND RECORDER OF GARFIELD COUNTY AND FOR' CONVEYANCE TO THE COUNTY OF THE PUBUC SUBJECT TO THE PROVISIO_T APPROVAL IN NO WAY OBLIGATES OVEMENTS ON LANDS, PUBUC PT AS SPECIFICALLY AGREED TO UT1ON. THIS APPROVAL SHALL IN AIR OR MAI TENANCE OF PUBUC REON. DEDICATIONS SHOWN HEREO GARFIELD COUNTY FOR THE ROADS, HIGHWAYS OR EASEMEN BY THE BOARD OF COUNTY COMM NO WAY OBUGATE GARFIELD COUNTY ROADS, HIGHWAYS OR ANY OTHER PUB NCING OR CONSTRUC DEDICATED TO THE ONERS BY SUBS R THE CONS EDICATION WITNESS MY HAND AND SEAL OF THE COUNTY COUNTY SURVEYOR'S CERTIFICATE APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS AND DRAFTING PURSUANT TO C.R ., 38-51-101 AND 102 et seq. DATED THIS ••, i A 4 OF A.D. 2017 BY: GARFIELD COUNTY SURVEY() SURVEYOR'S CERTIFICATE 1, BILL W.A. BAKER, DO HEREBY CERTIFY THAT 1 AM A PROFESSIONAL LAND SURVEYOR UCENSED UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT OF THE LACE SPRINGS RANCH P.U.D.-FIUNG NO. 2 FINAL PLAT. AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME, OR UNDER MY SUPERVISION, AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF LAKE SPRINGS RANCH P.U.D. - FIUNG 2 FINAL PLAT AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND. IN WITNESS WHEREOF 1 HAVE SET MY HAND AND SEAL THIS eZ DAY OF A.D. 201_2. BILL W.A. BAKER, COLORADO PLS #23875 COLORADO PROFESSIONAL LAND SURVEYOR THE UNDERSIGNED BERKELEY FAMILY LIMITED PARTNERSHIP BEING SOLE OWNER(S) IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN GARFIELD COUNTY, DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED IN GOVERNMENT LOTS LOTS 5, SECTION 32, LOTS 7, 8, 10, 11, 14, 15, 16, 17, 21, 22, 23 OF SECTION 33, TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, AND ALSO LOT 3 OF SECTION 4, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 33, A 2-1/2" BRASS CAP L.S. NO. 5933 FOUND IN PLACE, THE POINT OF BEGINNING: THENCE N89'40'02"W ALONG THE SOUTHERLY BOUNDARY OF SAID SECTION 33 A DISTANCE OF 434.93 FEET TO THE SOUTHWEST CORNER OF THE AGRICULTURAL RESERVE OF LAKE SPRINGS RANCH P.U.D. FILING 1 AS RECORDED IN RECEPTION NO. 664629; THENCE ALONG THE EASTERLY BOUNDARY OF SAID AGRICULTURAL RESERVE THE FOLLOWING FIFTEEN (15) COURSES: 1.) N0019'58"E A DISTANCE OF 50.00 FEET; 2.) N53'05'20"W A DISTANCE OF 415.90 FEET; 3.) N3120'56"W A DISTANCE OF 929.26 FEET; 4.) N17'00'24"W A DISTANCE OF 602.96 FEET; 5.) N75'28'47"W A DISTANCE OF 190.00 FEET; 6.) N21'59'27"W A DISTANCE OF- 473.64 FEET; 7.) N47'51'59"E A DISTANCE OF 190.00 FEET; 8.) N59'33'05"E A DISTANCE OF 365.10 FEET; 9.) 100.02 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1620.00 FEET, A CENTRAL ANGLE OF 03'32'14" (CHORD BEARS: N30'36'46"W A DISTANCE OF 100.00 FEET); 10.) S59'33'05"W A DISTANCE OF 317.38 FEET; 11.) N39'03'44"W A DISTANCE OF 517.33 FEET; 12.) N19'49'18"W A DISTANCE OF 223.31 FEET; 13.) N39'45'38"E A DISTANCE OF 201.52 FEET; 14.) 759.30 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1320.00 FEET, A CENTRAL ANGLE OF 32'57'29" (CHORD BEARS: N72'37'06"W A DISTANCE OF 748.88 FEET); 15.) N89'05'51"W A DISTANCE OF 553.17 FEET TO THE NORTHEAST CORNER OF SAID LAKE SPRINGS RANCH P.U.D. FILING 1; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID LAKE SPRINGS RANCH FILING 1; N89'05'51"W A DISTANCE OF 576.77 FEET TO A POINT ON THE WESTERLY BOUNDARY OF GOV'T LOT 5; THENCE LEAVING SAID NORTHERLY BOUNDARY ALONG THE WESTERLY BOUNDARY OF SAID GOV'T LOT 5, N01'43'36"E A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF SAID GOV'T LOT 5; THENCE LEAVING SAID WESTERLY BOUNDARY ALONG THE NORTHERLY BOUNDARY OF SAID GOV'T LOT 5; S89'05'51"E A DISTANCE OF 1166.84 FEET TO THE NORTHWEST CORNER OF GOVT LOT 8; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID GOV'T LOT 8 AND GOVT LOT 7, S8912'41"E A DISTANCE OF 1529.49 FEET TO THE NORTHEAST CORNER OF SAID GOV'T LOT 7; THENCE LEAVING SAID NORTHERLY BOUNDARY ALONG THE EASTERLY BOUNDARY OF SAID GOV'T LOT 7, SO1'58'10"W A DISTANCE OF 838.23 FEET TO THE SOUTHEAST CORNER OF SAID GOV'T LOT 7; THENCE LEAVING SAID EASTERLY BOUNDARY ALONG THE NORTHERLY BOUNDARY OF GOV'T LOT 11, S88'25'59"E A DISTANCE OF 1054.10 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY S01`34'01"W A DISTANCE OF 1014.20 FEET; THENCE S88'25'59"E A DISTANCE OF 171.09 FEET; THENCE S44'05'20"W A DISTANCE OF 248.89 FEET; THENCE S2417'21 "E A DISTANCE OF 297.97 FEET; THENCE S34'50'06"E A DISTANCE OF 223.72 FEET; THENCE S60'26'26"E A DISTANCE OF 151.25 FEET; THENCE S30'00'13"W A DISTANCE OF 102.04 FEET; THENCE 14.36 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1040.00 FEET AND A CENTRAL ANGLE OF 00'47'29", (CHORD BEARS: S29'36'28"W A DISTANCE OF 14.36 FEET; THENCE S2912'44"W A DISTANCE OF 230.39 FEET; THENCE S29'45'03"W A DISTANCE OF 98.40 FEET; THENCE S0410'00"W A DISTANCE OF 31.93 FEET; THENCE 257.49 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 650.00 FEET AND CENTRAL ANGLE OF 22'41'49", (CHORD BEARS SO6'34'02"W A DISTANCE OF 255.81 FEET); THENCE SO4'46'53"E A DISTANCE OF 109.17 FEET; THENCE 307.93 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 570.00 FEET AND CENTRAL ANGLE OF 30'57'11", (CHORD BEARS: S10'41'42"W A DISTANCE OF 304.20 FEET; THENCE N0013'32"W A DISTANCE OF 278.95 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 93.982 ACRES, MORE OR LESS. HAVE CAUSED THE DESCRIBED REAL PROPERTY TO BE SURVEYED, LAID OUT, PLATTED AND SUBDIVIDED INTO LOTS AND BLOCKS AS SHOWN ON THIS FINAL PLAT UNDER THE NAME AND STYLE OF LAKE SPRINGS RANCH P.U.D.-FIUNCz NO. 2 FINAL PLAT, A SUBDIVISION IN THE COUNTY OF GARFIELD COUNTY. THE OWNER DOES HEREBY DEDICATE AND SET APART ALL OF THE STREETS AND ROADS AS SHOWN ON THE ACCOMPANYING PLAT TO THE USE OF THE PUBLIC FOREVER, AND HEREBY DEDICATE TO THE PUBLIC UTIUITES THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED AS UTILITY EASEMENTS ON THE ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF UTTUTIES, IRRIGATION AND DRAINAGE FACIUTIES, INCLUDING BUT NOT UMITED TO ELECTRIC ONES, GAS LINES, TELEPHONE UNES; TOGETHER WITH THE RIGHT TO TRIM INTERFERING TREES AND BRUSH; WITH PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH UNES. SUCH EASEMENTS AND RIGHTS SHALL BE UTIUZED IN A REASONABLE AND PRUDENT MANNER. ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTY OF GARFIELD. EXECUTED THIS 21 5 DAY OF OWNER: BERKELEY FAMILY UMITED/PARTNERSHIP STATE OF COLORADO COUNTY OF GARFIELD )ss ) ,AD,201. TH FOREGOING CERTT CATS OF DICATION ANDQWNER�Sj�j1P WA ACKNOVJEDGED BEFORE ME THI .4/Sr DAY OF �Gl9G1ST , A.D., 20� BYM,riO,, r/ C/d AS 11i44A /%Pat r/ OF THE BERKELEY FAMILY LIMITED PARTNERSHIP. Y Gt•a Po.' MY COMMISSION EXPIRES: da/Z0240 WITNE MY HAN ND OFFICIAL SEAL et. NOTARY PUBUC EASEMENT HOLDER CONSENT COLINty s F 4t rrs ,,"""',� EDWIN IVAN RIVERA :.Ater "�s $ : s Notary Public, State of Tetras St 10,;.: Comm. Expires 01-11-2020 �':;,,, „`,, Notary ID 130491412 THE UNDERSIGNED, HOLDING EASEMENTS UPON THE REAL PR PERTY WHICH IS PLATTED AND SUBDIVIDED AS LAKE SPRINGS RANCH P.U.D.-FIUNG NO. 2 FINAL PLAT, HEREBY CERTIFIES THAT IS HAS REVIEWED THE WITHIN FINAL PLAT AND TO ALL DEDICATIONS MADE BY AND UPON SAID FINAL PLAT AS STATED IN THE CERTIFICATE OF DEDICATION AND OWNERSHIP SET FORTH HEREON AND DOES HEREBY CONSENT TO AND APPROVE THE PROPERTY SUBJECT TO SUCH DEDICATIONS TO THE ENTITIES TO WHICH SUCH DEDICATIONS ARE MADE. i EXECUTED THIS 22 1 DAY OF AVELVST A.D., 20 EASEME HOLDER !'IS STATE OF COLORADO COUNTY OF GARFIELD )ss a �d "Tryst Eke c vi'i v.e. 7); cto r THE FOgEGOIN* EASEMENT HOLDER CONSENT WAS C OWLEDGED OF Flui U S, A.D., 2OLL, BY 44 • IK-�L4 an on f" MY COMMISSION EXPIRES: %/' / S " 2 022 WITNESS MY HAND AND OFFICIA SEA NOTARY PUBLIC BEFORE ME THIS 2? "4 DAY CLERK AND RECORDER'S CERTIFICATE THIS PLAT WAS LED FOR RECORD ! THE OFFICE OF THECLERK AND RECORDER OF GARFIELD. COUNTY AT 3 5) O'CLOCK I .M., ON en �UJOF O S PT M BLt I 1 ,A D 20L1., AND IS DULY RECORDED AS RECEPTION NO '7e . DRAW Z Z A FEE 35 . o0 BY: BY: felt.) Z-11-1W11.40 AND RECORDER D PUTY w z w 0 0 w z 0 0 r9 0 co m 0 w co IX I- O . uj.• z ¢Da= (2o as d �o1 wOOZ mO>9 J m L) U w� w 0 iY 0 cc O0 w 0 V ns V � Z O Z Z �0a) Ztoms 0 ( z V = x a x a. w° 0 a.40 I- 0 2Z 11 0- J ( � 0 I1_}O >- LLI LLIZ � Ci w m 0 x 0 ict 0 0 Z 0 ver 0 w PROJECT NO. 2041025 FILING 2 OF 3 N01'43'36"E 30.00' --WITNESS CORNER NW CORNER LOT 5 2-3/4" GARCO ALUMINUM CAP N01'43'36"E 29.83' S89'05'51 "E 1166.84' N89'05'51 "W A PARCEL OF LAND SITUATED IN LOT 3 OF SECTION 4, TOWNSHIP 7 SOUTH, RANGE 88 WEST, LOT 5 OF SECTION 32 AND LOTS 7 8 10, 11, 14, 15, 16, 17, 21 23 OF SECTION 33, TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO. 1129.94' EXISTING 30' WIDE-�' SPRING VALLEY SANITATION DISTRICT EFFLUENT SEWER LINE EASEMENT RECEPTION NO. 794921 CONSERVATION EASEMENT RECEPTION NO. 665794 RECEPTION NO. 774022 LAKE SPRINGS RANCH P.U.D. FILING 1 RECEPTION NO. 664629 SW CORNER LOT 6 2-3/4" GARCO ALUMINUM CAP GOV'T LOT 6 SEC. 32 GRAPHIC SCALE ( IN i ) 1 inch = 200 ft. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL AC11ON BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY AC11ON BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. WEST 1/4 CORNE SECTION 33 3-1/4" BRASS CAP A =32'57'29" R =1320.00' L =759.30' CB=N7217'06"W C =748.88' S8912'41 "E 1529.49' CONSERVATION EASEMENT RECEPTION NO. 684872 RECEPTION NO. 774022 N88'25'30"W 1516.59' GOV'T LOT 10 SEC. 33 GOV'T LOT 17 SEC. 33 AGRICULTURAL RESERVE RECEPTION NO. 664629 GOV'T LOT 20 SEC. 33 60' R.O.W. FOR PROPOSED SPRING VALLEY ROAD AS NOTED ON THE FINAL PLAT LAKE SPRINGS RANCH P.U.D. FILING 1 GOV'T LOT 7 SEC. 33 CONSERVATION EASEMENT RECEPTION NO. 710348 RECEPTION NO. 774022 CONSERVATION EASEMENT RECEPTION NO. 728890 RECEPTION NO. 774022 CONSERVATION EASEMENT RECEPTION NO. 756747 RECEPTION NO. 774022 CONSERVATION EASEMENT RECEPTION NO. 774022 NE CORNER LOT 7 2-3/4" GARCO ALUMINUM CAP A=03'32'14" R=1620.00' L=100.02' CB=N3016'46"W C =100.00' SE CORNER LOT 7 2-1/2" ALUMINUM CAP LS5933 N8826'26"W 1112.26' S88'25'59"E 1054.10' GOV'T LOT 11 SEC. 33 30' WIDE SPRING VALLEY GOV'T LOT 16 SANITATION DISTRICT SEC. 33 GRAVITY SEWER LINE EASEMENT RECEPTION NO. 794921 1'20'56"E 44.30' S 88°25'59"E 59.24' TIE FROM CENTER 4 SECTION 33 TO THE NEAREST CONSERVATION PARCEL CORNER. 30' WIDE -•° HOLY CROSS ENERGY RIGHT-OF-WAY EASEMENT N80'26'08"E 70.07' 2rrr Ik \ \ \ 52. S24'17'21 "E 60.27' \\ \\ \\ SEE SHEET 3 \ LOT DETAIL S 29'45'03" W 98.40' S 0410'00" W 31.93' GOV'T LOT 21 SEC. 33 YELLOW PLASTIC CAP, LS. 19598 NO. 5 REBAR N0019'58"£ 50.00' N89'40'02"W 434.93' POINT OE BEGINNING SOUTH 1/4 CORNER SECTION 33 2-1/2" BRASS CAP LS5933 30' WIDE SPRING VALLEY SANITATION DISTRICT GRAVITY SEWER LINE EASEMENT RECEPTION NO. 794921 LEGEND Q SET NO. 5 REBAR & CAP L.S. NO. 23875 O FOUND PROPERTY CORNER - AS DESCRIBED I= 1/4 OR 1/16 COR. 4)- BENCHMARK / CONTROL POINT PROPERTY BOUNDARY UNE GLO UNE SECTION LINE R.O.W. FOR COUNTY ROAD 114 CONSERVATION EASEMENT U11UTY EASEMENT R.O.W. FOR PROPOSED SPRING VALLEY ROAD BUILDING ENVELOPE CENTER 1/4 SECTION 33 3-1/4" GARCO ALUMINUM CAP GOV'T LOT 12 SEC. 33 20' WIDE HOLY CROSS RIGHT-OF-WAY EASEMENT RECEPTION NO. 423254 S88 25'59"E 171.09' / / / 7 / /o# S34'50'06"E 223.72' 7 SEC. 33 60' R.O.W. FOR EXISTING COUNTY ROAD 114 AS NOTED ON THE FINAL PLAT `SSD?b,, LAKE SPRINGS RANCH P.U.D. FILING 1 1ST?s�� / / S30'00'13"W 102.04' GOV'T LOT 14 A =00'47'29" R=1040.00' L=14.36' CB=S29'36'28"W C=14.36' A =22'41'49" R=650.00' L =257.49' CB=S06'34'02"W C =255.81' SO4'46'53"E 109.17' A=30'57'11 R =570.00' L =307.93' CB=S10'41'42"W C = 304.20' GOV'T LOT 3 SEC. 4 1.25" YELLOW PLASTIC CAP, LS. 23875 N8826'05"W 2511.82' 3-1/4" GARCO ALUMINUM CAP / / / / / / GOV'T LOT 23 SEC. 33 ' 1 II l 60' PRIVATE. ACCESS, UTILITY' AND MAINTENANCE EASEMENT REC. NO. 922978 1 N894918"W 2682.73' f GOV'T LOT 2 SEC. 4 BLM BRASS CAP z�v.�o1 EC z>ao w��zW ;C::::::u °w 2U(NOzDwO °°o m O,0�W UU m -10300 O < w= U >- tIl O in } Ili ILI d O 0 Z mE.1:02>. Nu - 7al . Q 4--__t\1m �d� i. z Y 06 ID x 1 Q Li J O 0 0 0 1i d z V IS z -oth IX o 1 W�°D^off w tiogo z U a zz, Z z W .- 6 Id w da ti U WNotr z p 01 z u'Z h 0 'dz Y = 1 0 C9 i ,y Ec� a- 0 1 0 O A 0v <dU I--0 Ix IT 7...1 E2 (9 5 .5 �o ZtL U <0L. 0 0-d Ll w- w . 0 igt • --1 5 (t m 0 PROJECT NO. 2041025 FILING 2 \ 60' R.O.W. FOR PROPOSED SPRING VALLEY ROAD AS NOTED ON THE FINAL PLAT LAKE SPRINGS RANCH P.U.D. FILING 1 FINAL PLAT LAKE SPRINGS RANCH PUD so FILII`IG NO. 2 A PARCEL OF LAND SITUATED IN LOT 3 OF SECTION 4, TOWNSHIP 7 SOUTH, RANG', 88 WEST, LOT 5 OF SECTION 32 AND LOTS 7, 8, 10, 11, 14, 15, 16, 17 21, 23 OF SECTION 33, TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO. 30.0' WIDE SPRING VALLEY SANITATION DISTRACT GRAVITY SEWER UNE EASEMENT RECEP110N NO. 794921 N \ \ C,�aSX // /FILING 2 / �s6,:x,441.021 AS.cFt . /6b,/ \ • Yr %A// �,- a / -1//- / FIUNG 2 / �\ /: /%�l ss49 9111 S.F.± / \7 i b/ > . 1.146 Ac.t : / \� s //ate SS2^Ir: 20,0' U11UTY . v / OF & DRAINAGE 2S�EASEMENT / N / N / \ NJ 10.0' U11UTY & DRAINAGE EASEMENT (TYPICAL) OPEN SPACE PARCEL A 102,976 S.F.± 2.364 Ac.± FILING 2 NO0'19'58"E 50.00' 30.0' WIDE SPRING VALLEY SANITATION DISTRIC1 GRAVITY SEWER LINE EASEMENT RECEPTION NO. 794921 \ 30.0' WIDE \ \\-✓ HOLY CROSS ENERGY, RIGHT-OF-WAY \ \ EASEMENT 10.0' U11UTY & DRAINAGE EASEMENT (TYPICAL) , c 521 30.0' WIDE HOLY CROSS ENERGY RIGHT-OF-WAY EASEMENT (VACATED) MIRIAM COURT (60' R.O.W.) N80'26'08"E- 70.07' \T30(11E) FILING 2 \j LOT 10 Is,33,636 S.FA ` 0.772 Act 25I_••-- \-N841416"E 193.84'--ct NOTE: 1. THE OWNER DOES HEREBY FURTHER DEDICATE OPEN SPACE PARCEL A AS A BLANKET DRAINAGE EASEMENT. 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. / \ N8414'16"E - RIVENDELL 1 0 COURT 1 ' FILING 2 (60' R.O.W.) LOT 4 c ,�\ 44,805 S.F.* ,�/ o - 12 \ 1.029 Act oo'• NN ��// FILING 2 2� I • /o LOT 3 \ °�\ '' / / / 44,340 S,F.* \ // • ` 1.018 Act _\_\ / / �------L24- _ / / / / N89'40'02"W FILING 2 33,721 S.F.* 0.774 Ac.t , :'o S 04'10'00" W . �I E 31.93' -- S79 43'48 E 178 .� 5' FILING 2 20 28,654 \�t� 0.658 Al E _ - .0' SANITARY \ 1 SEWER EASEMENT \ I \ 1 3' :n \ 434.93' CONSTRUCTION EASEMENT 10,747 SQ.FT. L 19'26'02" R=570.00' L=193.34' T=97.61' CB=N35'53'19"E C=192.41' N4423'40"WJ' c 10.00' ZA' q0 RO� 0 0 20' WIDE HOLY CROSS ENERGY ELECTRIC EASEMENT RECEPTION NO. 922977 S2417'21"E 5.97' 60' R.O.W. FOR EXISTING COUNTY ROAD 114 AS NOTED ON THE FINAL PLAT LAKE SPRINGS RANCH P.U.D. FILING 1 N ,, i L c36 �'� N L- _J -05, � °b / / / <V / GO // / / /// / --.'---_- Sg33736F/S 4c,)/\` / ,g�% qA^-, / -2.7 o oy �� a / / Z / / 1 o 45,066 S.F.* 6 / O / 1 z 1.035 Ac.f �a q- / ^� / n / TEMPORARY EMERGENCY ACCESS, UTILITY, DRAINAGE AND RIGHT-OF-WAY EASEMENT REC. NO. 922979 'PUBLIC ACCESS, U11UTY\ AND DRAINAGE \ EASEMENT 10,907 SQ.FT. 20' WIDE HOLY CROSS ENERGY ELECTRIC EASEMENT RECEPTION NO. 922977 A=07'35'46" R=650.00' L=86.17' T=43.15' CB=S41'48'27"W C=86.11' 7 60' PRIVATE ACCESS, UTILITY AND MAINTENANCE EASEMENT REC. NO. 922978 60' R.O.W. FOR EXISTING COUNTY ROAD 114 AS NOTED ON THE FINAL PLAT LAKE SPRINGS RANCH P.U.D. FILING 1 30.0' WIDE HOLY CROSS ENERGY RIGHT-OF-WAY EASEMENT (VACATED) 30.0' WIDE HOLY CROSS ENERGY RIGHT-OF-WAY EASEMENT GRAPHIC SCALE (IN FEET) 1 inch = 100 ft.. 400 LEGEND 0 SET NO. 5 REBAR & CAP L.S. NO. 23875 Q FOUND PROPERTY CORNER - AS DESCRIBED 4 1/4 OR 1/16 COR. -'BENCHMARK / CONTROL POINT PROPERTY BOUNDARY UNE GLO UNE SECTION LINE R.O.W. FOR COUNTY ROAD 114 CONSERVATION EASEMENT U11UTY EASEMENT R.O.W. FOR PROPOSED SPRING VALLEY ROAD - - BUILDING ENVELOPE LOT EASEMENTS FRONT 10.0' UTILITY & DRAINAGE (UNLESS NOTED) REAR 10.0' UTILITY & DRAINAGE (UNLESS NOTED) SIDE 5.0' UTILITY & DRAINAGE (UNLESS NOTED) CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT CHORD BEARING CHORD C1 180.00' 33°06'55" 104.04' 53.52' N 20'53'32" W 102.59' C2 180.00' 1918'25" 60.66' 30.62' N 0519'08" E 60.37' C3 190.00' 20'44'05" 68.76' 34.76' S 04'36'19" W 68.38' C4 165.00' 1'22'27" 3.96' 1.98' S 84'55'30" W 3.96' C5 165.00' 33'36'00" 96.76' 49.82' N 77'35'16" W 95.38' C6 1040.00' 0'47'29" 14.36' 7.18' S 29'36'28" W 14.36' C7 135.00' 34'58'28" 82.41' 42.53' N 7816'30" W 81.13' C8 105.00' 34'58'28" 64.09' 33.08' N 7816'30" W 63.10' C9 650.00' 01'26'29" 16.35' 8.18' S 17'11'40" W 16.35' C10 650.00' 21'15'19" 241.13' 121.97' S 05'50'46" W 239.75' C11 60.00' 88'47'04" 92.97' 58.74' N 0115'53" W 83.95' C12 60.00' 7418'44" 77.82' 45.47' N 8017'01" E 72.48' C13 60.00' 79'12'05" 82.94' 49.64' S 22'57'34" E 76.49' C14 60.00' 57'32'47" 60.26' 32.95' S 45'24'52" W 57.76' C15 350.00' 15'46'50" 96.40' 48.51' N 02'07'41" E 96.09' C16 410.00' 16'06'33" 115.27' 58.02' N 0217'32" E 114.89' C17 380.00' 23'54'51" 158.60' 80.47' N 0611'41" E 157.46' C18 410.00' 017'38" 2.10' 1.05' N 10'29'38" E 2.10' C19 380.00' 9'46'06" 64.79' 32.47' N 89'07'19" E 64.71' C20 380.00' 20'38'22" 136.89' 69.19' S 75'40'27" E 136.15' C21 380.00' 2013'46" 134.17' 67.79' S 5514'23" E 133.47' C22 380.00' 13'46'34" 91.37' 45.90' S 3814'13" E 91.15' C23 64.00' 153'04'29" 170.99' 267.35' N 27°04'23" W 124.48' C24 320.00' 41'52'14" 233.85' 122.42' S 70'48'01" E 228.68' C25 320.00' 4'01'36" 22.49' 11.25' N 8615'04" E 22.48' C26 250.00' 20'44'05" 90.47' 45.74' S 04'36'19" W 89.98' C27 190.00' 20'44'05" 68.76' 34.76' S 04'36'19" W 68.38' C28 150.00' 52'25'20" 137.24' 73.85' N 1114'20" W 132.51' C29 120.00' 5 37'23" 11.78' 5.89' N 11'32'36" E 11.77' C30 120.00' 0'37'03" 1.29' 0.65' N 14'39'49" E 1.29' C31 11.00' 104'20'29" 20.03' 14.17' N 43'26'20" W 17.38' C32 64.00' 148'01'07" 165.34' 223.33' S 21'36'01" E 123.05' C33 350.00' 64'24'48" 393.48' 220.46' S 63'33'20" E 373.08' C34 200.00' 2679'35" 92.48' 49.97' S 4311'59" E 91.66' C35 200.00' 13'58'26" 48.78' 24.72' N 42'03'01" E 48.66' C36 195.00' 23'43'22" 80.74' 49.82' N 75'13'43" W 80.16' C37 94.00' 35'46'37" 58.70' 267.35' N 0919'18" E 57.75' LINE TABLE LINE LENGTH BEARING L1 15.46' S37'27'00"E L2 45.36' S14'58'21"W L3 28.38' N05'45'44"W S60'47'16"E L4 21.22' L5 21.22' N60'47'16"W S60'47'16"E L6 21.22' L7 31.00' N2912'44"E L8 20.00' N05'45'44"W L9 50.00' N05'45'44"W L10 20.00' N05'45'44"W L11 58.38' N05'45'44"W L12 28.38' N05'45'44"W L13 22.51' S31'20'56"E N31'20'56"W L14 22.51' L15 25.85' S58'39'04"W L16 45.37' S14'58'21 "W L17 45.37' S14'58' 21 "W L18 30.93' S37'27'OO"E L19 36.87' N80'26'08"E L20 2.68' N71'56'42"E L21 0.66' S47'27'41 "W L22 33.19' N80'26'08"E L23 152.39' N89'52'06"E N8524'00"E L24 239.58' L25 40.51' N74'42'07"E L26 70.88' S20'05'40"W S56'24'34"W L27 81.91' L28 91.22' S84'37'29"W L29 102.69' N 8310'34"E L30 79.96' N88'01'12"W L31 101.78' N3T37'29"E L32 99.17' N60'35'33"E L33 102.12' N32'55'38"E L34 49.93' N33'51'28"W L35 132.58' N1916'06"E L36 97.00' N71'56'42"E L37 108.24' N58'39'04"E w z > z 00rw Ux� O tJ_S 1- oo(NI2 zo(NI z I}-0''o Dix 00 1=ui0(0 �zCO° <U m U LO 0 w N zfrpw joo: 40YM -0 <w woe (J JX0 WOOZ ft mO>9 JLLI mXZ U w� w 0 0 co z cc N J tti o!c w"'a^. Z vi vS W Z' �Jo 3'4) m�. z N.Zg D;w O "" X OMNI 0 0 w 0 Gl 0 ett cm O Z� U dtn M Z O. 0 tLdp w1-7 Z W r: V PROJECT NO. 2041025 FILING 2 30F3 EXHIBIT 12 CE Phases & Filing Boundaries Comparison Map i 3iri 1 1 . . w m Z GOV'T LOT 6 (SEC. 32) N 8710 45 W 2.5" CARCO ALUMINIUM CAP SOUTHWEST CORNER LOT 6 A = 1114'36* R - 1320.00' L = 259.03' CBS N 8318'33' W C = 258.61' GOV'T LOT 5 (SEC. 32) CONSERVATION PARCEL 2004 40.758 Ac.± 1382.36 oD n 0" CONSERVATION. PARCEL 2007 o"'� rM7 22.416 Ac.± 4/ U N .- Ill o v 253.37' .W q; f N9000'00"W 1081.85J S $3'03'56" W sir _ NE OCR. GOV'T LOT 7 r r 2.5" CARCO ALUM. CAP It5 �4 i2 4 1308.¢1' CONSERVA71Qq PARCEL 2005 30.870 Ac.± GOUT LOT 7 (SEC. 33) GOV'T LOT 10 (SEC. 33) 60. 6(4 NE OCR. GOV'T LOT 10 % 2-1/2" ALUM CAP L.S. #5933 SW COR. GOV'T LOT 10 3-1/4' ALUM CAP L.S. #19598 CONSERVATION PARCEL 2006 23.115 Ac.± N90'00`00"W 833:13' , 182.79 4< GSLOT 17 (SEC. C. 33) CONSERVATION PARCEL 2008 25.921 Ac.± S90'00'00'W 1214.88' CONSERVATION PARCEL 2009 25.852 Ac.± S90'00'00"W 1522.25' N 89'40'02" W 2479.06 S01'S8'10"W NE COR. GOV'T LOT ID ` o 2-1/2" ALUM CAP L.S. 5143 V S 88'25'59* , 627.99' ' 1152.2r 'S88'25'S9" 235.92' 190.19' 4�1 � " CP MN No 583105 31"W ri • f ,% 85.43� �/ N2517'21 "W 332 2;' 34.49 S 8711'25" W N31'20'56"W 152.98` GOV'T LOT 11 (SEC. 33) GOV'T LOT 16 (SEC. 33) + 57314'59"W"W '417.21"w .20.53' 52417'21"E 60.27 34-6.49 27'41 "W 234.89' G)7V"T LOT 12 (SEC- 33) ChB=. S33'59 1. L=267.77 ChB=S45'37�00QV Ch D=265.94 S5714'22"W 165.99 L=328.00' R=690.00' ChB=S43'3 ChD=324.9 .00 2G'UB"W S30 0`t 70.07 305 97'" L=14.36' R=1040.00. hB=S29-3p'28"W ChD =14.36 `".S2912.44"W 230.39' N00'13'22"W' 277.52' L=385 R==, L=287.77' - R=570.00' GhB=S11'42t#". 010=284.72' LAKE SPRINGS RANCH Subdivision Final Plat Vacation/ R.O.W. Vacation Application Exhibit CE Phases & Filing Boundaries Map Date: 8/13/2020 Owners: BERKELEY FAMILY, LLLP 4001 County Road 114 Glenwood Springs, CO 81601 Prepared by: �•�TGMC, IIc 402 Park Drive Glenwood Springs, CO 61601 Ph: 9 70-618-609 7 tim@tgmalloy.com 400 0 400 800 ft EXHIBIT 13 2019 Conservation Parcel Legal Description Exhibit GRAPHIC SCALE 250 0 125 250 500 750 32 5 0 w N NI w NI 0 N 0 0 Z 33 (IN U.S. SURVEY FEET) 1 INCH=250FT. WEST 1/4 COR. SEC.33 rn Hro 010 J 0 > 0) 0 GOV'T LOT 20 SEC. 33 GOV'T LOT 5 SEC. 4 SURVEYOR'S CERTIFICATION VICINITY MAP NO SCALE N 90°00'OO" E 1522. T 6 S, R 88 W T 7 S, R 88 W CONSERVATION EASEMENT BEING A PART OF THE SOUTH ONE HALF OF SECTION 33, TOWNSHIP 6 SOUTH, AND THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN COUNTY OF GARFIELD, STATE OF COLORADO GOV'T LOT 10 SEC. 33 N 89°40'02" W 2502.71' N. LINE NW SEC. 4 C-W 116 SEC.33 GOV'T LOT 11 SEC. 33 S 31 °2O'56" E 44.30' GOV'T LOT 21 SEC. 33 GOV'T LOT 4 SEC. 4 I, BILL W.A. BAKER, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO (#23875) DO BY THESE PRESENTS CERTIFY THAT THE DRAWING SHOWN HEREON REPRESENTS AN EASEMENT DESCRIPTION PREPARED BY ME AND THAT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, AN ACCURATE DEPICTION OF SAID DESCRIPTION IS RENDERED HEREON. THIS DESCRIPTION WAS PREPARED IN CONFORMANCE WITH CURRENT STANDARDS OF PRACTICE PROMULGATED BY THE PROFESSIONAL LAND SURVEYOR'S OF COLORADO, AND COMPLIES WITH TITLE 38-51-102, COLORADO REVISED STATUTES. BILL W.A. BAKER, COLORADO PLS #23875 N 88°25'59" W 1054.07' 59.24' GOV'T LOT 16 N 88°25'59" w SEC. 33 171.09' N 44°05'20" E 248.89' SOUTH 1/4 COR. SEC.33 POINT OF BEGINNING Z 0 0 N 0 N N 0 0 col CNTR 1/4 SEC.33 S 88°25'59" E 1862.84' GOV'T LOT 12 SEC. 33 L=90.60' R=860.00' CHB=S48°51'36"W CHD=91.56' S51°54'41"W 50.15' L=215.78' R=690.00' CHB=S42°57'09"W CHD=214.90' S33°59'38"W 136.05' L=267.77' R=660.00' CHB=S45°37'OO"W CHD=265.94' L=328.00' R=690.00' CHB=S43°37' 17"W CHD=324.92' S30°00' 13"W 305.97' S57° 14'22"W 165.99' GOV'T LOT 14 SEC. 33 L= 1 4.36' R=1040.00' CHB=S29°36'28"W CHD=14.36' S29° 12'44"W 232.77' S 29°46'OO" W 96.03' S 04° 10'00" W 31.93' L=257.49' R=650.00' CHB=S6°34'O 1 "W CHD=255.80' SO4°46'53"E 109.17' L=20.20' R=570.00' CHB=SO3°45'59"E CHD=2O.20' L=287.77' R=570.00' CHB=S 1 1 °42'43"W CHD=284.72' SW COR GOV LOT 9 - SEC.4 S40°45'34"W 208.63' S40°46'23"W 60.06' L=209.64' R=3960.00' CHB=S42°25'50"W CHD=209.61' L=31.19' R=960.00' CHB=S44°52'40"W CHD=31.19' S45°48'31 "W 161.63' [ BASIS OF BEARINGS ] N 89°49' 18" E 2682.73' S43°56'50"W 184.24' GOV'T LOT 23 SEC. 33 N. LINE NE i SEC. 4 GOV'T LOT 9 SEC. 4 GOV'T LOT 2 SEC. 4 EAST 1/4 COR. SEC.33 - S 88°25'59" E 647.91' NE1 /4SE1 /4 SEC. 33 GOV'T LOT 13 SEC. 33 T 6 S, R 88 W 33 T 7 S, R 88 W 4 34 i 3 PARCEL DESCRIPTION: A PARCEL OF LAND SITUATED IN THE SOUTH ONE HALF OF SECTION 33, TOWNSHIP 6 SOUTH, RANGE 88 WEST, AND LOT 2 OF SECTION 4, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN COUNTY OF GARFIELD, STATE OF COLORADO, TO WIT; BEGINNING AT THE SOUTH QUARTER CORNER OF THE SAID SECTION 33, THE SAID CORNER MONUMENTED BY A FOUND 21 INCH ALLOY CAPPED STEEL PIN STAMPED PLS 5933, FROM WHENCE THE SOUTHEAST CORNER OF THE SAID SECTION 33, BEING MONUMENTED BY A FOUND 31/4 INCH ALLOY CAPPED STEEL PIN STAMPED GARCO, BEARS N 89'49'18" E, 2682.73 FEET DISTANT, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE, N 89'40'02" W, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE SAID SECTION 33, A DISTANCE OF 2,502.71 FEET TO A POINT THE SOUTHWEST CORNER OF GOVERNMENT LOT 20, SECTION 33; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE WESTERLY BOUNDARY LINE OF THE SAID GOVERNMENT LOT 20, N 01'58'08" E A DISTANCE OF 604.11 FEET; THENCE, DEPARTING FROM THE AFORESAID COURSE, N 90°00'00" E A DISTANCE OF 1,522.25 FEET; THENCE, DEPARTING FROM THE AFORESAID COURSE, N 58°38'13" E A DISTANCE OF 245.00 FEET; THENCE, DEPARTING FROM THE AFORESAID COURSE, S 31'20'56" E A DISTANCE OF 44.30 FEET; THENCE, DEPARTING FROM THE AFORESAID COURSE, N 58°39'04" E A DISTANCE OF 304.76 FEET; THENCE, DEPARTING FROM THE AFORESAID COURSE, S 24'17'21" E A DISTANCE OF 60.27 FEET; THENCE, DEPARTING FROM THE AFORESAID COURSE, N 71'56'42" E A DISTANCE OF 252.70 FEET; THENCE, DEPARTING FROM THE AFORESAID COURSE, N 80°26'08" E A DISTANCE OF 70.07 FEET; THENCE, DEPARTING FROM THE AFORESAID COURSE, N 47°27'41" E A DISTANCE OF 234.89 FEET; THENCE, DEPARTING FROM THE AFORESAID COURSE, N 24'17'21" W A DISTANCE OF 297.97 FEET; THENCE, DEPARTING FROM THE AFORESAID COURSE, N 44°05'20" E A DISTANCE OF 248.89 FEET; THENCE, DEPARTING FROM THE AFORESAID COURSE, N 88°25'59" W A DISTANCE OF 171.09 FEET; THENCE, DEPARTING FROM THE AFORESAID COURSE, N 01'34'01" E A DISTANCE OF 1,014.20 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SAID SECTION 33; THENCE, DEPARTING FROM THE AFORESAID COURSE, AND ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SAID SECTION 33, S 88'25'59" E A DISTANCE OF 59.24 FEET TO THE CENTER QUARTER CORNER THEREOF; THENCE, DEPARTING FROM THE AFORESAID COURSE, AND ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SAID SECTION 33, S 88°25'59" E A DISTANCE OF 1,862.84 FEET; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE FOLLOWING TWENTYTWO (22) COURSES: 1) S 40'45'34" W A DISTANCE OF 208.63 FEET; 2) S 40'46'23" W A DISTANCE OF 60.06 FEET; 3) 209.64 FEET ALONG THE ARC OF A CURVE TURNING TO THE RIGHT WHOSE RADIUS IS 3,960.00 FEET (LONG CHORD BEARS S 42°25'50" W, 209.61 FEET); 4) S 43'56'50" W A DISTANCE OF 184.24 FEET; 5) 31.19 FEET ALONG THE ARC OF A CURVE TURNING TO THE RIGHT WHOSE RADIUS IS 960.00 FEET (LONG CHORD BEARS S 44'52'40" W, 31.19 FEET); 6) S 45'48'31" W A DISTANCE OF 161.63 FEET; 7) 91.60 FEET ALONG THE ARC OF A CURVE TURNING TO THE RIGHT WHOSE RADIUS IS 860.00 FEET (LONG CHORD BEARS S 48'51'36" W, 91.56 FEET); 8 S 51'54'41" W A DISTANCE OF 50.15 FEET; 9) 215.78 FEET ALONG THE ARC OF A CURVE TURNING TO THE LEFT WHOSE RADIUS IS 690.00 FEET (LONG 9' NS 33'5D38" W A DISTANCE OF v19 FEET);0 36. 5FEET; 11) 267.77 FEET ALONG THE ARC OF A CURVE TURNING TO THE RIGHT WHOSE RADIUS IS 660.00 FEET (LONG CHORD BEARS S 45'37'00" W, 265.94 FEET); 12) S 5714'22" W A DISTANCE OF 165.99 FEET; 13) 328.00 FEET ALONG THE ARC OF A CURVE TURNING TO THE LEFT WHOSE RADIUS IS 690.00 FEET (LONG CHORD BEARS S 43'37'17" W, 324.92 FEET); 14) S 30'00'13" W A DISTANCE OF 305.97 FEET; 15) 14.36 FEET ALONG THE ARC OF A CURVE TURNING TO THE LEFT WHOSE RADIUS IS 1,040.00 FEET (LONG CHORD BEARS S 29°36'28" W, 14.36 FEET); 16 S 2912'44" W A DISTANCE OF 232.77 FEET; 17 S 29'46'00" W A DISTANCE OF 93.03 FEET; 18 S 04'10'00" W A DISTANCE OF 31.93 FEET TO A POINT ON A NON TANGENT CURVE; 19) 257.49 FEET ALONG THE ARC OF A CURVE TURNING TO THE LEFT WHOSE RADIUS IS 650.00 FEET 2(LONG CHORD BEARS 0)S 04'46'53" E DISTANCE OF V1FEET); 09 17 FEET; 21) 20.20 FEET ALONG THE ARC OF A CURVE TURNING TO THE RIGHT WHOSE RADIUS IS 570.00 FEET (LONG CHORD BEARS S 03°45'59" E, 20.20 FEET) TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SAID SECTION 33 FROM WHENCE THE PREVIOUSLY DESCRIBED SOUTHEAST CORNER OF THE SAID SECTION BEARS BEARS N 89'49'18" E, 2623.85 FEET DISTANT; 22) 287.77 FEET ALONG THE ARC OF A CURVE TURNING TO THE RIGHT WHOSE RADIUS IS 570.00 FEET (LONG CHORD BEARS S 11 °42'43" W, 284.72 FEET) TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF THE SAID SECTION 4 AND THE WESTERLY BOUNDARY LINE OF GOVERNMENT LOT 3; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF THE SAID SECTION 4 AND THE WESTERLY BOUNDARY LINE OF GOVERNMENT LOT 3, SECTION 4, N 00°13'22" W A DISTANCE OF 278.98 FEET TO THE POINT OF BEGINNING. THE SAID PARCEL OF LAND CONSISTS OF 3,731,702 SQUARE FEET (85.66 ACRES), MORE OR LESS. z 00 N Q.< CO U a 0) pON zu N �O 0.) EWO JZ W < L U OR 534 06700 IN METRO DENVER w U u >00J <DYD za<cW U(92CO Q w� 0o1-2 WOOZ (ww0 DQFQ m0Q5 -J EFJ >< U w? >- m REVISION BEARING ALINGMENT TO MATCH MONUMENTS LOT REVISED TO FIT 1926 R-O-W W 0 10/08/18 O Z N }m m z 0 CHECKED BY: 06/07/2018 U z i� W W z z W ›. re z O TU T� �.I.w a. u) O rx p w d Z 1- O • J 0 aU W (. 2 Z J U) < 0 >- w z J w W JCC 0 w m U istt ui co 0 0 0 0 U 0 W r'Q PROJECT NO. 2041025.05 0950 SHEET NUMBER iOF`I EXHIBIT 14 Right -of -Way Site Plan • i 3iri ar..ratS.r. S`r I. Y•s- � i. f�r it 3, ; 'FF ` 1. �:� I LAKIE SPRINGS RANCH RUD ROW SITE PLAN ROBERT & MICHELE T. BACON GRAZING AGRICULTURAL PARCEL No. 2187-321-00-099 ELK MESA PROPERTIES, LLC RURAL PARCEL No. 2187-324-00-080 GRAPHIC SCALE 200 0 100 200 400 ELK SPRINGS HOMEOWNERS ASSOCIATION INC. COMMON AREA EXEMPT ALL OTHER PARCEL No. 2187-324-08-052 800 (IN U.S. SURVEY FEET) 1 INCH=200FT. R.OW. CREATED VIA THE LAKE SPRINGS RANCH P.U.D. FILING 1 PLAT (TO BE VACATED) FILI\G 1 EXISTING 60' EASEMENT FOR SPRING VALLEY ROAD (CR 1 19) CREATED ON THE LAKE SPRINGS RANCH FILING 1 PLAT (TO BE VACATED) COLORADO MOUNTAIN JUNIOR COLLEGE DISTRICT EXEMPT POLITICAL SUBDIVISION PARCEL No. 2393-042-00-034 EXISTING GRAVEL KINDALL ROAD (60' PROSCRIPTIVE R.O.W. TO REMAIN IN PLACE FOR THE PUBLIC UNTIL THE FUTURE COUNTY ROAD 1 19 IS CONSTRUCTED) 60' PROPOSED COUNTY ROAD 1 1 9 R.O.W. EASEMENT EXISTING 60' R.O.W. EASEMENT FOR SPRING VALLEY ROAD (CR 1 19) CREATED ON THE LAKE SPRINGS RANCH FILING 1 PLAT (TO BE VACATED) SPRING VALLEY HOLDINGS LLC DRY FARM AGRICULTURAL PARCEL No. 21 87-331-00-1 52 EXITING 60' R.O.W. FOR SPRING VALLEY ROAD CREATED VIA THE LAKE SPRINGS RANCH P.U.D FILING 2 PLAT (TO BE VACATED) 60' R.O.W. EASEMENT FOR COUNTY ROAD 1 1 4 CENTERED ON THE EXISTING PAVED ROAD / / / / BERKELEY FAMILY, LLLP GRAZING AGRICULTURAL PARCEL No. 2187-334-00-107 EXISTING GRAVEL KINDALL ROAD (60' PRESCRIPTIVE R.O.W. TO REMAIN IN PLACE FOR THE PUBLIC UNTIL THE FUTURE COUNTY ROAD 1 1 9 IS CONSTRUCTED) 60' PROPOSED COUNTY ROAD 1 19 R.O.W. EASEMENT ACCESS, DRAINAGE & UTILITY EASEMENT (TO BE VACATED) GARFIELD COUNTY ROAD 114-1926 60' R.O.W. TO BE VACATED 0 / / / / / / / 60' R.O.W. EASEMENT FOR COUNTY ROAD 1 14 CENTERED ON THE EXISTING PAVED ROAD BERKELEY FAMILY LIMITED PARTNERSHIP GRAZING AGRICULTURAL PARCEL No. 2187-334-00-106 / / / / / / I I �I1� LLI U) V U) 1 >- m REVISION w Q 0 O z 0 0 z 0 00 w 0 w x 0 w a 0 08.14.2020 Lf) 0 L17 0 0 JN E Z z Li] z z >- LL� z r0 V T� 0 a. 0 J d J 0 >- J 0 Li- >- z W D J 0 W U W COW w U LS) LI) LS) N O -a) w 0 I-0�` Z (.9 > c N d0_� wU)00 a°q 0 morn N z0 Lf)W� w (z 0 0_ LAKE SPRINGS RANCH P.U.D. 2 0 UJ Z U 2 PUBLIC RIGHT-OF-WAY EXHIBIT PROJECT NO. 2041025.05 SHEET NUMBER 1 OF 1 EXHIBIT 15 1926 R.O.W. Vacation Plat GRAPHIC SCALE 200 0 100 200 400 800 VICINITY MAP SCALE 1 "= 3000' (IN U.S. SURVEY FEET) 1 INCH=200FT. LEGEND = FOUND BOUNDARY CORNER - AS SHOWN AND DESCRIBED HEREON FOUND NOT FOUND OR SET VACATION PLAT 1926 GARFIELD COUNTY ROAD A PARCEL OF LAND SITUATED IN LOT 2 AND 9 IN SECTION 4, TOWNSHIP 7 SOUTH, RANGE 88 WEST AND LOTS 12, 14, 22 AND 23 IN SECTION 33, TOWNSHIP 6 SOUTH, RANGE 88 WEST, ALL OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO 2, 4 15 S 29'46'00" W 47'9.46' S 04' 10'00" W 171.62' POINT OF COMMENCEMENT SOUTH 1/4 CORNER OF SECTION 33-6-88 POINT OF TERMINUS ON THE WESTERLY BOUNDARY LINE OF NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 4-6-88 3 z AA ..0% l 1.00 S 39'44'00" W 495.47' POINT OF BEGINNING S 58'53'00" W 206.22' S 56'58'00" W 115.62' S 19'58'00" E 137.50' 1) S 19'58'00" E 210.00' S 89'49'18" E 2682.73' BASIS OF BEARING S 19'58'00" E 236.26' S 14'17'00" W 206.95' S 32'38'00" W 192.95' S 50'32'00" W 178.85' 8 9 SECTION 33 - 6 -88 C-N 1/16 CORNER OF SECTION 4-6-88 FOUND GARCO ALUMNIUM CAP cn 0 Q f0 rn SECTION 4 - 6 -88 2 C-E 1/16 CORNER OF SECTION 4-6-83 3 1/4" ALUMINUM CAP L.S. NO. 19598 ORIGINAL GARFIELD COUNTY ROAD 114 TO BE VACATED: RECORDED AS ROAD SURVEY NUMBER 0960, ACCEPTED BY THE BOARD OF COUNTY COMMISSIONERS 3 AUGUST, 1926 A PARCEL OF LAND SITUATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 6 SOUTH, AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 7 SOUTH, ALL IN RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, THE SAID PARCEL OF LAND COMPRISED OF A STRIP, 30.00 FEET PARALLEL AND OFFSET FROM EACH SIDE OF THE HEREIN DESCRIBED CENTERLINE, WITH SIDELINES LENGTHENED OR SHORTENED AS MAY BE REQUIRED, TO WIT; COMMENCING AT THE SOUTH QUARTER CORNER OF THE SAID SECTION 33, THE SAID CORNER MONUMENTED BY A FOUND 3/41N. IRON PIPE WITH 2.51N. ALLOY CAP MARKED PELS 5977, FROM WHENCE THE SOUTHEAST CORNER OF THE SAID SECTION 33, BEARS S 89°49'18 E, 2682.73 FEET DISTANT, THE SAID SECTION CORNER MONUMENTED BY A FOUND BLM BRASS CAPPED PIPE (1974) , WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE, DEPARTING FROM THE AFORESAID COURSE, N 34°20'12" E A DISTANCE OF 1,662.40 FEET TO THE POINT OF BEGINNING; THENCE, ALONG THE CENTERLINE OF THE SAID 11926 RIGHT OF WAY LINE THE FOLLOWING 11 COURSES: 1. S 58°53'00" W A DISTANCE OF 206.22 FEET; 2. S 56°58'00" W A DISTANCE OF 115.62 FEET; 3. S 39°44'00" W A DISTANCE OF 495.47 FEET; 4. S 29°46'00" W A DISTANCE OF 479.46 FEET; 5. S 04°10'00" W A DISTANCE OF 171.62 FEET; 6. S 19°58'00" E A DISTANCE OF 154.50 FEET; 7. S 19°58'00" E A DISTANCE OF 210.00 FEET; 8. S 19°58'00" E A DISTANCE OF 236.26 FEET; 9. S 14°17'00" W A DISTANCE OF 206.95 FEET; 10. S 32°38'00" W A DISTANCE OF 192.95 FEET; 11. S 50°32'00" W A DISTANCE OF 178.85 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SAID SECTION 4 FROM WHENCE THE SOUTHWEST CORNER THEREOF BEARS S 00°11'51" E, 529.37 FEET DISTANT, THE SAID CORNER MONUMENTED BY A FOUND 3/41N. IRON PIPE WITH 2.51N. ALLOY CAP MARKED PELS 5977; THENCE, DEPARTING FROM THE AFORESAID COURSE ALONG THE WESTERLY BOUNDARY LINE OF THE SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SAID SECTION 4, N 00°19'40" W A DISTANCE OF 811.73 FEET TO THE POINT OF BEGINNING. THE SAID PARCEL OF LAND CONSISTS OF 159,350 SQUARE FEET (3.66 ACRES) , MORE OR LESS. SURVEYOR'S CERTIFICATION I, BILL W.A. BAKER, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO DO BY THESE PRESENTS CERTIFY THAT THE DESCRIPTION OF DESCRIPTION AND DRAWING SHOWN HEREON REPRESENTS A ROAD RIGHT OF WAY DERIVED FROM A FIELD SURVEY OF THE SUBJECT PROPERTY CONDUCTED BY THE GARFIELD COUNTY SURVEYOR IN 1926, AND THAT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, AN ACCURATE DEPICTION OF SAID SURVEY IS RENDERED BY THIS EXHIBIT. THIS EXHIBIT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE CONSTRUED AS A LAND SURVEY PLAT. BILL W.A. BAKER, COLORADO PROFESSIONAL LAND SURVEYOR #23875 CERTIFIED FEDERAL SURVEYOR #1699 S- 4AND33 CO CO I C- GARFIELD >- m REVISION >0 z 0 w Q 0 07.30.2020 z r� ( >- w z iz W z 0 0 V 1 0 0 • 0 -IJO >- U • - dZ W� J U) W [] • 0 0 CO J 0 LAKE SPRINGS RANCH P.U.D. 0 U rz� 0 z 0 Q U Q O 0 O 0 ▪ U r zz O 0 O 0 O a J W d• � O 0 N PROJECT NO. 2041 025.05 SHEET NUMBER 7 OF EXHIBIT 16 Temporary Access, Utility, Drainage & R.O.W. Vacation Exhibit TEMPORARY EMERGENCY ACCESS, UTILITY, DRAINAGE AND RIGHT-OF-WAY EASEMENT VACATION SECTION 33, TOWNSHIP G SOUTH, RANGE 88 WEST OF THE GTH PM COUNTY OF GARFIELD , STATE OF COLORADO 1 / I I 1 IT A / I� 11 I / J- 1 / S60°47'16"E I_-- _jL__, �, 1 44.00' 1 I SPRING vALLEY N2912'44E READ � i i / POINT OF BE 1 (TIE F I 1 - 7/ S2 60 03' GINNING 1 / / ROM SOUTH 1/4 CORNER 1 1 / 11 1 BEARS: N20°01'28"E 537.34') // 0� II I- N60°47'16"W 45.84' EAST T CORNER -\ I SECTION 33 I I \\ \ J SOUTH 1/4 CORNER SECTION 33 2682.73' SECTION 33 N 89°49'18" W SECTION 4 TEMPORARY EMERGENCY ACCESS, UTILITY, DRAINAGE AND RIGHT—OF—WAY EASEMENT VACATION O Z O p O u co N m N D 22 cn o SE SECTION CORNER SECTION 33 \ A PARCEL OF LAND SITUATED IN THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF THE SAID SECTION 33 TO BEAR N 03'51'22" W, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THE SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 33; THENCE N20°01'28"E A DISTANCE OF 537.34 FEET TO A POINT IN THE CENTERLINE OF COUNTY ROAD 114; THE POINT OF BEGINNING; THENCE LEAVING SAID CENTERLINE N60°47'16"W A DISTANCE OF 45.84 FEET; THENCE N29°12'44"E A DISTANCE OF 60.00 FEET; THENCE S60°47'16"E A DISTANCE OF THENCE 44.00 FEET TO A POINT IN THE AFOREMENTIONED CENTERLINE; THENCE ALONG SAID CENTERLINE S27°27'18"W A DISTANCE OF 60.03 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINS 2,695 SQUARE FEET MORE OR LESS. RECEPTION NO. 922979. SURVEYOR'S CERTIFICATION I, BILL W.A. BAKER, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO (#23875) DO BY THESE PRESENTS CERTIFY THAT THE DRAWING SHOWN HEREON, WITH NOTES ATTACHED HERETO AND MADE A PART HEREOF, REPRESENTS A MONUMENTED LAND SURVEY MADE UNDER MY DIRECT SUPERVISION AND THAT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, AN ACCURATE DEPICTION OF SAID SURVEY IS RENDERED BY THIS PLAT. THIS SURVEY WAS CONDUCTED IN CONFORMANCE WITH CURRENT STANDARDS OF PRACTICE PROMULGATED BY THE PROFESSIONAL LAND SURVEYORS OF COLORADO, AND COMPLIES WITH TITLE 38-51-102, COLORADO REVISED STATUTES. BILL W.A. BAKER, COLORADO PROFESSIONAL LAND SURVEYOR #23875 CERTIFIED FEDERAL SURVEYOR #1699 HIGH COUNTRY ENGINEERING, INC. 1517 BLAKE AVENUE, STE 101 GLENWOOD SPRINGS, CO 81601 PHONE (970) 945-8676 FAX (970) 945-2555 WWW.HCENG.COM BERKELEY FAMILY LLLP EASEMENT TEMPORARY EMERGENCY ACCESS, UTILITY, DRAINAGE AND R.O.W. DRAWN BY: DRD SCALE: 1"=200' CHECKED BY: BWAB PROJECT No: 2041025 DATE: PAGE: 7.30.20 1 OF 1 FILE: 2041025/ACCESS-UTILITY EASEMENT EXHIBIT 17 R.O.W. Vacation — Filing 1 • i 3iri ar..ratS.r. S`r I. Y•s- � i. f�r it 3, ; 'FF ` 1. �:� I EXHIBIT "A" r I LO60T21� I LLc.)/ —' \ \ I,/ LOT 1 O \ \ LOT 2 ,► /~��� I ' LOT 1 8\ d 1r R50'N \ OT16II LOT 17 N.NN flniri LOT I I LOT I I 15 11 14 1 �� II I 3 SITE LOCATION 5 5 7 15 L 7 10 Z 17 16 20 I 115 14 21 22 23 4 1 2 LOT 3 I LOT 4 L- r I LOT 5 // LOT // 6 // // 7/LOT // 7 // LOT 8 I \ \ \ w \ I LOT 1 3 / I / / \ / LOT 12 \ VICINITY MAP SCALE: 1" = 2000 FT. 60' R.O.W. EASEMENT SPRING VALLEY ROAD VACATED REC. 40' UTILITY & DRAINAGE EASEMENT I � LOT 9 I /\ 1 PLAT OF LAKE SPRINGS RANCH P.U.D. FILING 1, RECEPTION No. 664629 r40' UTILITY & DRAINAGE EASEMENT \ R50' �\ 1 LOT 10 \\LOT 1 1 \\ I — — J LAKE SPRINGS RANCH DRIVE & LAKE SPRINGS RANCH PLACE SCALE: 1 ' = 300 FT. HIGH COUNTRY ENGINEERING, INC. 1517 BLAKE AVENUE, SUITE # 1 O 1 GLENWOOD SPRINGS, CO 81 601 PHONE (970) 945-8676 FAX (970) 945-2555 WWW.HCENG.COM BERKELEY FAMILY LLLP GARFIELD COUNTY, COLORADO VACATION OF PUBLIC ROADS WITHIN FILING 1 LAKE SPRINGS RANCH PUD FILING 1 WITHIN LOTS 5 & 6, SECTION 32, T6S, R88W DRAWN BY: GEB SCALE: 1"=300' CHECKED BY: BWAB PROJECT NO: 2041 025.05 DATE: PAGE: 07/30/2020 FILE: 2041 025.05 ROAD VACATION EXHIBIT 18 R.O.W. Vacation — Filing 2 EXHIBIT "B" 17 60' R.O.W. EASEMENT SPRING VALLEY ROAD VACATED REC. 10' UTILITY & DRAINAGE EASEMENT (TYP.) \N\ 20 20' UTILITY & DRAINAGE EASEMENT 21 SITE LOCATION 2 23 VICINITY MAP SCALE: 1" = 2000 FT. 15" SAN 1 6 SEWER OVERHEAD ELECTRIC 30' GRAVITY SEWER \ LINE EASEMENT \ \ \\\ SPRING VALLEY \ \ \x\ SANITATION DISTRICT \o,\ RECEPTION NO. \N\ 794921 \\ 20' IRRIGATION EASEMENT 1• LOT 13\ \\ \ \ \ \,,,, 30' HOLY CROSS �/ \'ENERGY 30' —*"\ \ RIGHT-OF-WAY IL \\ EASEMENT PLAT OF LAKE SPRINGS RANCH P.U.D. FILING 2, RECEPTION No. 925310 60' R.O.W. MIRIAM COURT 14 60' R.O.W. SPRING VALLEY ROAD —ACCESS, UTILITY, DRAINAGE & RIGHT-OF-WAY EASEMENT VACATED BY RECEPTION NO. 60' R.O.W. RIVENDELL COURT SPRING VALLEY ROAD, MIRIAM COURT & RIVENDELL COURT 23 SCALE: 1 ' =300 FT. HIGH COUNTRY ENGINEERING, INC. 1517 BLAKE AVENUE, SUITE # 101 GLENWOOD SPRINGS, CO 81 601 PHONE (970) 945-8676 FAX (970) 945-2555 WWW.HCENG.COM BERKELEY FAMILY LLLP GARFIELD COUNTY, COLORADO VACATION OF PUBLIC ROADS WITHIN FILING 2 LAKE SPRINGS RANCH PUD FILING 2 WITHIN SECTION 33, T6S, R88W DRAWN BY: GEB SCALE: 1"=300' CHECKED BY: PROJECT NO: BWAB 2041025.05 DATE: PAGE: 07.30.2020 FILE: 2041 025.05 ROAD VACATION EXHIBIT 19 Spring Valley Road/CR 119 R.O.W. Easement Vacation Exhibit Ml .-,•.matt r+u •- IN I,.+r _- �. � . 1_ +i. 1' ' ikr"; ii • y!'.- �'FF. '.•Svc r-' T -.`r SPRING VALLEY ROAD R. O. W. EASEMENT VACATION SITE LOCATION VICINITY MAP SCALE: 1" = 2000 FT. CERTIFICATE OF VACATION DEDICATION AND OWNERSHIP THE UNDERSIGNED , BEING SOLE OWNER(S) IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN GARFIELD COUNTY, DESCRIBED AS FOLLOWS: SPRING VALLEY ROAD, LAKE SPRINGS RANCH PUD, FILING 1, AS DESCRIBED ON THE FINAL PLAT THEREOF, RECORDED AT RECEPTION NO. 664629 CONTAINING 7.06 ACRES, MORE OR LESS, NOW HEREBY CAUSE SAID ROAD EASEMENT TO BE VACATED AS REFLECTED HEREON, AND SAID APPROVALS SHALL NO LONGER BE IN EXISTENCE. EXECUTED THIS DAY OF , A.D., 20 OWNER ADDRESS: STATE OF COLORADO) :ss COUNTY OF GARFIELD) THE FOREGOING CERTIFICATE OF VACATION DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , A.D., 20, BY MY COMMISSION EXPIRES: WITNESS MY HAND AND OFFICIAL SEAL. NOTARY PUBLIC COUNTY COMMISSIONERS' CERTIFICATE THIS VACATION OF THE SPRING VALLEY ROAD EASEMENT, LAKE SPRINGS RANCH PUD, FILING 1 IS 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, IN ACCORDANCE WITH RESOLUTION NO. AND THE ROADWAY VACATION AGREEMENT RECORDED AT RECEPTION NO. . THIS VACATION EXTINGUISHES AND VACATES ALL PRIVATE ROADWAYS, PRIVATE EASEMENTS OR IMPROVEMENTS, AND SAID APPROVALS SHALL NO LONGER BE IN EXISTENCE. BY: CHAIRMAN, BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO WITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD. ATTEST: COUNTY CLERK 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_ BY: GARFIELD COUNTY SURVEYOR TITLE CERTIFICATE , AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF COLORADO, OR 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 BERKELEY FAMILY LIMITED PARTNERSHIP, 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: DATED THIS TITLE COMPANY: DAY OF , A.D., 20_ AGENT OR BY: ATTORNEY COLORADO ATTORNEY REGISTRATION NO. CERTIFICATE OF TAXES PAID I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND ASSESSMENTS DUE AND PAYABLE AS OF , UPON ALL PARCELS OF REAL ESTATE DESCRIBED ON THIS PLAT ARE PAID IN FULL. DATED THIS BY: DAY OF , A.D., 20 TREASURER OF GARFIELD COUNTY SURVEYOR'S CERTIFICATE I, BILL W.A. BAKER, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT OF THE VACATION OF SPRING VALLEY ROAD, LAKE SPRINGS RANCH PUD, FILING 1 AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, IN WITNESS WHEREOF I HAVE SET MY AND AND SEAL THIS DAY OF A.D. 20 . PROFESSIONAL LAND SURVEYOR HIGH COUNTRY ENGINEERING, INC. 1517 BLAKE AVENUE, SUITE # 1 O 1 GLENWOOD SPRINGS, CO 81 601 PHONE (970) 945-8676 FAX (970) 945-2555 WWW.HCENG.COM BERKELEY FAMILY LLLP GARFIELD COUNTY, COLORADO SPRING VALLEY ROAD EASEMENT VACATION LAKE SPRINGS RANCH PUD FILING 1 WITHIN SECTIONS 32 8433, T6S, R88W DRAWN BY: GEB SCALE: N/A CHECKED BY: PROJECT NO: BWAB 2041 025.05 DATE: PAGE: 07/30/2020 1OF FILE: 2041 025.05 ROAD VACATION • EXHIBIT "A" 3 4 1129.50' 4 283.86 LOT2 L__ LOT 3 LOT 4 L J I LOT 1ELOT 14 LOT 5 60I I / / LOT 7/LOT 8I ILOT —�LJLJ 1 129.94' LOT21 \� T 19' \ LOT 20 LO L_J� Ir 5 LOT 1\ \\ I LOT 16 I N LOT 17N 7 553.44't-,- — �`\\ \\\ `EXISTING \\ CULVERTS \\ \\ \\\\ 8 I \\ 40' UTILITY & DRAINAGE EASEMENT RECEPTION No. 664629 JL_ _ N� I I I I ILOT 13 1 I J 40' UTILITY & DRAINAGE �/ EASEMENT RECEPTION No. 664629 J SE SE 19 10 LAKE SPRINGS RANCH PUD FILING 1 17 R.O.W. EASEMENT SPRING VALLEY ROAD PLAT OF LAKE SPRINGS FILING 1 307,582 SQ. FT./7.061 AC.± REC. NO. 664629 /1 1 �Ns\ LAKE SPRINGS RANCH PUD FILING 2 30' EFFLUENT SEWER LINE EASEMENT SPRING VALLEY SANITATION DISTRICT RECEPTION No. 794921 20 SPRING VALLEY ROAD PLAT OF LAKE SPRINGS RANCH P.U.D. FILING 1, RECEPTION No. 664629 EXISTING 15" SAN SEWER EXISTING 30' GRAVITY SEWER LINE EASEMENT SPRING VALLEY SANITATION DISTRICT RECEPTION No. 794921 16 EXISTING OVERHEAD ELECTRIC LOT 7 2\ 1 NN //LOOTT6 GRAPHIC SCALE 400 0 200 400 800 15 LO 1 �.2 LOT 2 LOT 3 �VL —_ 5'S -� 1600 (IN U.S. SURVEY FEET) 1 INCH=400FT. HIGH COUNTRY ENGINEERING, INC. 1517 BLAKE AVENUE, SUITE # 101 GLENWOOD SPRINGS, CO 81 601 PHONE (970) 945-8676 FAX (970) 945-2555 WWW.HCENG.COM BERKELEY FAMILY LLLP GARFIELD COUNTY, COLORADO SPRING VALLEY ROAD EASEMENT VACATION LAKE SPRINGS RANCH PUD FILING 1 WITHIN SECTIONS 32 & 33, T6S, R88W DRAWN BY: GEB SCALE: = 400' CHECKED BY: BWAB PROJECT NO: 2041025.05 DATE: 07.30.2020 PAGE: 2 oF 2 FILE: 2041 025.05 ROAD VACATION EXHIBIT 20 Kindall Road/CR 119 R.O.W. Easement Dedication Exhibit CERTIFICATE OF DEDICATION AND OWNERSHIP THE UNDERSIGNED , BEING SOLE OWNER(S) IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN GARFIELD COUNTY, DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED IN THE NORTHEAST QUARTER OF SECTION 32, AND THE NORTHWEST QUARTER, SOUTHWEST QUARTER AND SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, THE SAID PARCEL HEREIN DESCRIBED IS A STRIP OF LAND OF VARYING WIDTH, WITH SIDELINES LENGTHENED OR SHORTENED AS MAY BE REQUIRED, TO WIT: COMMENCING AT THE NORTHEAST CORNER OF GOVERNMENT LOT NUMBER 7 IN SECTION 33 OF THE SAID TOWNSHIP, THE SAID CORNER MONUMENTED BY A FOUND 21N. IRON PIPE WITH 2.51N. ALLOY CAP MARKED GARCO 1977, AS DELINEATED ON THE GLO SUPPLEMENTAL PLAT FOR THE SAID TOWNSHIP DATED 04/29/1893; THENCE, ALONG THE NORTH LINE OF LOTS 7 AND 8 OF THE SAID SECTION 33 AND LOT 5 IN THE SAID SECTION 32, N 88°31'42" W, A DISTANCE OF 2696.14 FEET, TO THE NORTHWEST CORNER OF THE SAID LOT 5, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO, THE SAID CORNER MONUMENTED BY A FOUND 21N. IRON PIPE WITH 2.51N. ALLOY CAP MARKED GARCO 1977; THENCE, S 01 °43'19 E, ALONG THE WESTERLY BOUNDARY LINE OF THE SAID LOT 5, A DISTANCE OF 30.00 FEET, TO A POINT ON THE CENTERLINE OF THE HEREIN DESCRIBED 60 FOOT WIDE RIGHT-OF-WAY, THE SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE, ALONG THE CENTERLINE OF THE SAID RIGHT-OF-WAY, THE FOLLOWING SIXTEEN (16) COURSES: 1. S 88°31'42" E ALONG THE SAID CENTERLINE, 30.00 FEET SOUTHERLY OF AND PARALLEL TO THE NORTHERLY BOUNDARY OF THE SAID LOT 5, A DISTANCE OF 1,081.90 FEET TO A POINT OF CURVATURE; 2. 503.43 FEET ALONG THE CENTERLINE OF THE SAID RIGHT-OF-WAY, ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS IS 2529.93 FEET (LONG CHORD BEARS S 82°49'40" E, 502.60 FEET), TO A POINT OF COMPOUND CURVATURE; 3. 127.71 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS IS 200.00 FEET (LONG CHORD BEARS S 58°50'10" E, 125.55 FEET) TO A POINT OF TANGENCY; 4. S 40°32'38" E A DISTANCE OF 66.44 FEET TO A POINT OF CURVATURE; 5. 171.11 FEET ALONG THE ARC OF A TANGENT CURVE TURNING TO THE LEFT WHOSE RADIUS IS 185.00 FEET (LONG CHORD BEARS S 67°02'26" E, 165.08 FEET) TO A POINT OF TANGENCY; 6. N 86°27'45" E A DISTANCE OF 375.27 FEET TO A POINT OF CURVATURE; 7. 246.76 FEET ALONG THE ARC OF A TANGENT CURVE TURNING TO THE RIGHT WHOSE RADIUS IS 200.00 FEET (LONG CHORD BEARS S 58°11'29" E, 231.41 FEET) TO A POINT OF TANGENCY; 8. 22°50'42" E A DISTANCE OF 160.93 FEET TO A POINT OF CURVATURE; 9. 162.40 FEET ALONG THE ARC OF A TANGENT CURVE TURNING TO THE RIGHT WHOSE RADIUS IS 600.00 FEET (LONG CHORD BEARS S 15°05'28" E, 161.90 FEET) TO A POINT OF TANGENCY; 10. S 07°20'14" E A DISTANCE OF 311.07 FEET TO A POINT OF CURVATURE; 11. 346.12 FEET ALONG THE ARC OF A TANGENT CURVE TURNING TO THE LEFT WHOSE RADIUS IS 1,000.00 FEET (LONG CHORD BEARS S 17°15'10" E, 344.39 FEET) TO A POINT OF TANGENCY; 12. S 27°10'06" E A DISTANCE OF 853.08 FEET TO A POINT OF CURVATURE; 13. 212.46 FEET ALONG THE ARC OF A TANGENT CURVE TURNING TO THE LEFT WHOSE RADIUS IS 185.00 FEET (LONG CHORD BEARS S 60°04'04" E, 200.97 FEET) TO A POINT OF TANGENCY; 14. N 87°01'58" E A DISTANCE OF 897.82 FEET TO A POINT OF CURVATURE; 15. 179.13 FEET ALONG THE ARC OF A TANGENT CURVE TURNING TO THE RIGHT WHOSE RADIUS IS 185.00 FEET (LONG CHORD BEARS S 65°13'43" E, 172.21 FEET) TO A POINT OF TANGENCY; 16. S 37°29'24" E A DISTANCE OF 81.50 FEET TO A POINT ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF GARFIELD COUNTY ROAD NO. 114 RECORDED UNDER RECEPTION NUMBERS 104498 AND 104496 IN THE PUBLIC RECORDS OF THE SAID COUNTY, FROM WHENCE THE POINT OF COMMENCEMENT BEARS N 36°56'45" W, 2779.73 FEET DISTANT, THE SAID POINT BEING THE POINT OF TERMINUS. CONTAINING 7.07 ACRES, MORE OR LESS, HAS (HAVE) BY THESE PRESENTS LAID OUT AND PLATTED THE SAME AS SHOWN ON THIS PLAT UNDER THE NAME AND STYLE OF COUNTY ROAD 119, AN EXEMPTION PLAT OF LANDS IN THE COUNTY OF GARFIELD. THE OWNER(S) DO(ES) HEREBY DEDICATE AND SET APART ALL OF THE STREETS AND ROADS AS SHOWN ON THE ACCOMPANYING PLAT TO THE USE OF THE PUBLIC FOREVER, AND HEREBY DEDICATE(S) TO THE PUBLIC UTILITIES THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED AS UTILITY EASEMENTS ON THE ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES, IRRIGATION AND DRAINAGE FACILITIES INCLUDING, BUT NOT LIMITED TO, ELECTRIC LINES, GAS LINES AND TELEPHONE LINES, TOGETHER WITH THE RIGHT TO TRIM INTERFERING TREES AND BRUSH, WITH PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH LINES. SUCH EASEMENT AND RIGHTS SHALL BE UTILIZED IN A REASONABLE AND PRUDENT MANNER. ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTY OF GARFIELD. EXECUTED THIS DAY OF , A.D., 20 . OWNER ADDRESS: STATE OF COLORADO) COUNTY OF GARFIELD) THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , A.D., 20 , BY :SS MY COMMISSION EXPIRES: WITNESS MY HAND AND OFFICIAL SEAL. NOTARY PUBLIC COUNTY ROAD 119 RIGHT-OF-WAY EASEMENT A PARCEL OF LAND SITUATED IN NE1/4 SECTION 32, AND NW1/4, SW1/4, SE1/4 SECTION 33 TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO S 01 °43'19" E 30.00' P.O.B. I 3 32 4 4 S 88°31'42" E 1081.90' L=503.43' R=2529.93' CH=S 82°49'40" E 502.60' L =11 °24'05" S 40°32'38" E 66.44' 5 I 8 L=171.11' R=185.00' CH=S 67°02'26" E 165.08' L52°59'38" 6 7 SE SE 18 119 1 5 L=127.71' R=200.00' CH=S 58°50'10" E 125.55' L36°35'07" [ BASIS OF BEARINGS ] S 88°31'42" E 2696.14' N 86°27'45" E 375.27' COUNTY COMMISSIONERS' CERTIFICATE L=346.12' R=1000.00' CH=S 17°15'10" E 344.39' A19°49'52" 17 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 EXEMPTION PLAT THIS THIS DAY OF , A.D., 20 , FOR FILING WITH THE CLERK AND RECORDER OF GARFIELD COUNTY AND FOR CONVEYANCE TO THE COUNTY OF THE PUBLIC DEDICATIONS SHOWN HEREON, SUBJECT TO THE PROVISIONS THAT APPROVAL IN NO WAY OBLIGATES GARFIELD COUNTY FOR THE FINANCING OR CONSTRUCTION OF IMPROVEMENT 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 FO RTHE CONSTRUCTION, REPAIR OR MAINTENANCE OF PUBLIC ROADS, HIGHWAYS OR ANY OTHER PUBLIC DEDICATIONS SHOWN HEREON. BY: CHAIRMAN, BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO WITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD. ATTEST: COUNTY CLERK CERTIFICATE OF TAXES PAID I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND ASSESSMENTS DUE AND PAYABLE AS OF , UPON ALL PARCELS OF REAL ESTATE DESCRIBED ON THIS PLAT ARE PAID IN FULL. DATED THIS DAY OF , A.D., 20 . P.O.C. L=246.76' R=200.00' CH=S 58°11'29" E 231.41' 6 A70°41'33" S 22°50'42" E 160.93' I \ L=162.40' R=600.00' CH=S 15°05'28" E 161.90' A15°30'28" S 07°20'14" E 311.07' L=212.46' R=185.00' CH=S 60°04'04" E 200.97' A65°47'56" 11 60' 16 6'- 3 E N 87°01'58" E 897.82' TITLE CERTIFICATE 151 -32 SWNE WISE F'indall.€ta L L-I LS P.O.B. L6. LB L9 L7 L18 SWSE .721117 L L7 L 10 L17 6S 8 L6 L11 33 L 15 SWNE SENE L 12 L14 NESE P.O.T. L13 S 37°29'24" E 81.50' SW NE 12 COUNTY ROAD 114 60' R.O.W. AS SURVEYED 2020 L=179.13' R=185.00' CH=S 65°13'43" ' .21' A55°28'38" E SE P.O.T. PRESCRIPTIVE USE RIGHT-OF-WAY 14 , AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF COLORADO, OR 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 BERKELEY FAMILY LIMITED PARTNERSHIP, 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: DATED THIS TITLE COMPANY: DAY OF , A.D., 20 . AGENT OR BY: ATTORNEY COLORADO ATTORNEY REGISTRATION NO. 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 . VICINITY MAP GRAPHIC SCALE 300 0 150 300 600 1200 (IN U.S. SURVEY FEET) 1 INCH=300FT. SURVEYOR'S CERTIFICATE I, BILL W.A. BAKER, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT OF COUNTY ROAD 119 AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME, OR UNDER MY SUPERVISION, AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF COUNTY ROAD 119 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 AND AND SEAL THIS DAY OF A.D. 20 . PROFESSIONAL LAND SURVEYOR CLERK AND RECORDER'S CERTIFICATE THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY AT O'CLOCK M ON THE DAY OF 20 , AS RECEPTION NO. CLERK AND RECORDER SECTION - 32, 33 TOWNSHIP - 6S co Li Z oc >- m REVISION w 0 07.30.2020 Z Z c O La LL. O w�co Lij o2 0 0 Z_ ((.) u Z Luz W >QN w Q 1 (0 }- w(n00 = q0 Lb O a7 Z m 0 [i)W(5) 0 - w 0 1 0 0 Q 1 0 J J JU � U d Z >- O (n III 0 0 w 0 COz W J COUNTY ROAD 1 1 9 PROJECT NO. 2041025.05 BY: TREASURER OF GARFIELD COUNTY BY: GARFIELD COUNTY SURVEYOR BY DEPUTY SHEET NUMBER OF EXHIBIT 21 1926 R.O.W. Deed 85 {sarno[ArrDEED. Thu C.F. ilionekeI117mIcROOkariow.CooDeewr.Colo. 9e373 tb l$ :✓. eb, J Made this .. in the year of our Lord one thousand nine hundred and . of the County of of the County of _.. WI 4a..—_..., between ..._,L N .. .. nu s tf Colorado, of the first part, and » ... — ......._., and State of Colorado, of the second part. said pa' t. part, for and in consideration of the sum of ............ ..._... ..� ..i/.A"0 --- ....Y............— ..........................—.............-- — , = DoLI.A.ns, to the said part / of the first part in hand paid by hesantpart of the second part, the receipt Aetnafishereby confessed and acknowledged, ha.S_ _.. remise released, sold, eond d 'e . QIIl•1-CLe area, an by these lwesenta do . It -mice, rclrse sell, vey and QUIT -CLAIM nnt.o the said of the seeon par heirs and r f 1 the right, titl • rest .�f n emend widen the said par of the fi part ha.5..... i d to .a a ;51 ring described �... ....Ykd o�� �C situ le, Iyi .. and tieing in the County of / _ • n and State of Cnloi , to -wit: r,, TO HAVE AND TO HOLD THE SA9TC, Together with an and eingulor the appurtennecrs and privileges tttercunto belonging, or in anywise thereinto appertaining, and all the estate, right, title, interest and claim whatsoever of lb id part . of the Riot part, either in law or equity, to the only proper use, benefit and behoof of the said of the second part, ...t.. _ liens a s igns forever. IN wrrNrss WHEREOF, the said part the first fart ha S.._ hereunto ae r s hand._ an , the do and year first abova written. SIGNED, SEALED AND DELIVERED IN PRESENCE OF ) [S]fALI [SrAL ] [SEAL[ [SEAL] STATE/r(7�ry�[-�[�'�iA' CODNIR of U f._ f'. •- I, — _�.F-.:.1' �- . ._Cr']...... ..�--iFf in and for Count in the State aforesaid, do hereby certify that _...... .t . personally iwn to me to be the person... whosa ._.. taibsrrihcd to the foregoing Deed. appeared 5cfore. me this y' n, and acknowledged that. signed, sealed and delivered the said instrument of visiting ne „ __ free and volun se f the and purposes therein t Given u der my hand and . .._.. seal, thin _,.. a,,... _. day of .. ... . A. D. 192..b, My commission expires , Filed for record the ._.._......w....._....., day of .... .....�, A. D. 19 Z!ut_ .. :....].:. _ . clock _iG7,� Yam` EXHIBIT 22 Lake Springs Ranch PUD Filings 1 &2 Vacation Plat VACATION PLAT LAKE SPRINGS RANCH RUD® FI1f,TNGS 1 COVERSHEFT RECEPTIONS 664629 & 925310 A PARCEL OF LAND SITUATED IN LOT 3 OF SECTION 4, TOWNSHIP 7 SOUTH, RANGE 88 WEST, LOTS 5 AND 6 OF SECTION 32, AND LOTS 7 THRU 11, 14 THRU 17, AND 20 THRU 23 OF SECTION 33, TOWNSHIP 6 SOUTH, RANGE 88 WEST, CERTIFICATE OF VACATION DEDICATION AND OWNERSHIP ALL OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO THE UNDERSIGNED , BEING SOLE OWNER(S) IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN GARFIELD COUNTY, DESCRIBED AS FOLLOWS: LAKE SPRINGS RANCH PUD, FILINGS 1 & 2, AS DESCRIBED ON THE FINAL PLATS THEREOF, RECORDED AT RECEPTION NOS. 664629 AND 925310 CONTAINING 212.48 ACRES, MORE OR LESS, AND HAVING CAUSED THE DESCRIBED REAL PROPERTY TO BE SURVEYED, LAID OUT, PLATTED AND SUBDIVIDED INTO LOTS AND BLOCKS AS SHOWN ON SAID FINAL PLATS UNDER THE NAME AND STYLE OF LAKE SPRINGS RANCH PUD, FILINGS 1 & 2, A SUBDIVISION IN THE COUNTY OF GARFIELD NOW HEREBY CAUSE SAID FINAL PLATS TO BE VACATED AS REFLECTED HEREON AND THIS VACATION EXTINGUISHES AND VACATES ALL SUBDIVISION APPROVALS INCLUDING ALL LOTS, PRIVATE ROADWAYS, PRIVATE EASEMENTS OR IMPROVEMENTS, AND AGRICULTURAL RESERVE AREAS AND SAID APPROVALS SHALL NO LONGER BE IN EXISTENCE. EXECUTED THIS DAY OF , A.D., 20 . PS OWNER ADDRESS: STATE OF COLORADO) :ss COUNTY OF GARFIELD) THE FOREGOING CERTIFICATE OF VACATION DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , A.D., 20 , BY MY COMMISSION EXPIRES: WITNESS MY HAND AND OFFICIAL SEAL. NOTARY PUBLIC COUNTY COMMISSIONERS' CERTIFICATE THIS VACATION OF THE LAKE SPRINGS RANCH PUD, FILINGS 1 & 2 PLAT OF IS 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, IN ACCORDANCE WITH RESOLUTION NO. AND THE ROADWAY VACATION AGREEMENT RECORDED AT RECEPTION NO. . THIS VACATION EXTINGUISHES AND VACATES ALL SUBDIVISION APPROVALS INCLUDING ALL LOTS, PRIVATE ROADWAYS, PRIVATE EASEMENTS OR IMPROVEMENTS, AND AGRICULTURAL RESERVE AREAS AND SAID APPROVALS SHALL NO LONGER BE IN EXISTENCE. BY: CHAIRMAN, BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO WITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD. ATTEST: COUNTY CLERK 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 BY: DAY OF , A.D., 20_ GARFIELD COUNTY SURVEYOR TITLE CERTIFICATE , AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF COLORADO, OR 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 BERKELEY FAMILY LIMITED PARTNERSHIP, 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: DATED THIS TITLE COMPANY: DAY OF , A.D., 20 . AGENT OR BY: ATTORNEY COLORADO ATTORNEY REGISTRATION NO. CERTIFICATE OF TAXES PAID I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND ASSESSMENTS DUE AND PAYABLE AS OF , UPON ALL PARCELS OF REAL ESTATE DESCRIBED ON THIS PLAT ARE PAID IN FULL. DATED THIS BY: DAY OF , A.D., 20 . 2 I H 32 VICINITY MAP, FILINGS 1 & 2 SCALE: 1 IN. = 1000 FT. 4 3 4 SE SE 1� 1 7 11 NOTE: EASEMENT RECEPTION NO. 596126 IDENTIFIED AS EXCEPTION TO TITLE #20 REMOVED PER REQUEST OF CLIENT'S ATTORNEY. SURVEYOR'S CERTIFICATE 1 COUNTY ROAD 1 1 9 10 SW NE 4 SW NE GRAPHIC SCALE 600 0 300 600 1200 SE NE SE NE 2400 (IN U.S. SURVEY FEET) 1 INCH=600FT. I, BILL W.A. BAKER, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT OF THE VACATION OF THE LAKE SPRINGS RANCH PUD, FILINGS 1 & 2 AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME, OR UNDER MY SUPERVISION, AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF THE VACATION OF THE LAKE SPRINGS RANCH PUD, FILINGS 1 & 2 AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND. LAND TITLE GUARANTEE COMPANY COMMITMENT NUMBER 63015060, EFFECTIVE MAY 6, 2020, IS TITLE OF RECORD USED FOR THIS PLAT. IN WITNESS WHEREOF I HAVE SET MY AND AND SEAL THIS DAY OF A.D. 20 NW SW 34 4 SEC 4, 32 & 33 TSP- 7S&6S co co I w oc >- m REVISION W 0 0 z m W m 07.30.2020 204102 U z z c N OLC) w 0�0� w O 2 Z �o; O Q W � z(9�- z 0 N LLJ 0 }- wwoo 0 Z moo z • Lo w Q �Jw 0 1 T O • 0 N d J o 0(f)O >-U z _I Qz 0 E <0 _1 Z 0 U Y 0 z 0 X 0 - 0 w m z w < x W • Y U Q L I PROJECT NO. 2041 025.05 SHEET NUMBER 1 OF 3 TREASURER OF GARFIELD COUNTY PROFESSIONAL LAND SURVEYOR FOUND 21N. IRON PIPE w/2.751N. ALLOY CAP GARCO 1977. ROBERT 8c MICHELE T. BACON GRAZING AGRICULTURAL PARCEL No. 2187-321-00-099 32 ELK MESA PROPERTIES, LLC RURAL PARCEL No. 2187-324-00-080 FOUND 21N. IRON PIPE w/2.751N. ALLOY CAP GARCO 1977 N w cY) (Y-) ° 0 z SPRING VALLEY HOLDINGS LLC IRRIGATED AGRICULTURAL PARCEL No. 2187-201-00-168 60' R.O.W. LAKE SPRINGS RANCH DRIVE RECEPTION No. 664629 VACATED REC # I LOT 2 I r LOT 4 J 1 I LOT 5 /7\ / / // i LOT /, / 6 / / r 4 4 S 819'"05-5 FrLT 299 ' LOT 21 \ LOT 20 L__ // / LOT 8 10' UTILITY & DRAINAGE EASEMENT (TYP.) -RECEPTION No. 664629 EXCEPTION 34 VACATED BY THIS PLAT GRAPHIC SCALE 200 0 100 200 400 \ \\ 40' UTILITY & DRAINAGE \ EASEMENT RECEPTION No. 664629 \ \ EXCEPTION 34 \ 8 \ VACATED BY THIS PLAT \ \ \ \ LAKE SPRINGS RANCH PUD FILING 1 II I 118.50 AC.± RECEPTION No. 664629 EXCEPTION 34 VACATED BY THIS PLAT I I IRRIGATED AGRICULTURAL I PARCEL NO. I I 2187-333-09-022 I 40' UTILITY & DRAINAGE EASEMENT RECEPTION No. 664629 EXCEPTION 34 VACATED BY THIS PLAT / // II VACATION VACATION PLAT LAKE SPRINGS RANCH PaUDa FILINGS 1 1� [ VACATION CONDITIONS RECEPTIONS 664629 & 925310 A PARCEL OF LAND SITUATED IN LOT 3 OF SECTION 4, TOWNSHIP 7 SOUTH, RANGE 88 WEST, LOTS 5 AND 6 OF SECTION 32, AND LOTS 7 THRU 11, 14 THRU 17, AND 20 THRU 23 OF SECTION 33, TOWNSHIP 6 SOUTH, RANGE 88 WEST, ALL OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO 5 S89°12'41"E 1529.49' -� - 60' R.O.W. LAKE SPRINGS RANCH PLACE RECEPTION No. 664629 \ VACATED REC # \ 10 N 87° 10'45" W '382.36' LAKE SPRINGS RANCH PUD FILING 1, LOTS 1 THRU 21 RECEPTION No. 664629 EXCEPTION 34 VACATED BY THIS PLAT 7 ELK SPRINGS HOMEOWNERS ASSOCIATION INC. COMMON AREA EXEMPT ALL OTHER PARCEL No. 2187-324-08-052 SE SE 800 (IN U.S. SURVEY FEET) 1 INCH=200FT. 9 18 19 \\ \ \\ \, \ \\\ R= 1320.00' L=759.30' CH=N 72°37'06" W 748.88' A32°57'29" L °58108" E 2064.02' 0 �TO BE SET PLS 23875 \N �— ------.. \ \ N \\ \\ S 39°45'38" W \ N \ \ 201.52' �N �\\\\ \ N _ COUNTY ROAD 1 1 9 \\ R.O.W. EASEMENT \\ \ REC # \ \ 60' INDALL ROAD (60' PUBLIC ACCESS R.O.W. TO REMAIN IN PLACE FOR PUBLIC ACCESS UNTIL THE FUTURE COUNTY ROAD 1 1 9 IS CONSTRUCTED) 190.00' AGRICULTURAL RESERVE 4,109,500 S.F. 94.34 AC.± RECEPTION Nos. 664629, 823748 EXCEPTIONS 34. 45 VACATED BY THIS PLAT II 11 II II II 11 11 II II II II 11 II 11 REMAINDER TRACT 30' ` `� 20 REMAINDER TRACT 60' 0 FOUND 2IN. IRON PIPE w/2.75IN. ALLOY CAP GARCO 1977 GOV'T. LOT (TYP.) 6 SPRING VALLEY HOLDINGS LLC DRY FARM AGRICULTURAL PARCEL No. 2187-331-00-152 CH=N 30°36'46" W 100.00' S 88°25'59" E 1054.10' FOUND 2IN. IRON PIPE w/2.75IN. ALLOY CAP GARCO 1977 30' UTILITY EASEMENT RECEPTION No. 664629 EXCEPTION 34 VACATED BY THIS PLAT LAKE SPRINGS RANCH PUD FILING 2 93.98 AC.± RECEPTION No. 925310 VACATED BY THIS PLAT GRAZING AGRICULTURAL PARCEL No. 2187-333-10-015 EXISTING 30' GRAVITY SEWER LINE EASEMENT TO REMAIN SPRING VALLEY SANITATION DISTRICT RECEPTION No. 794921 EXCEPTION 44 10' UTILITY & DRAINAGE EASEMENT (TYP.) RECEPTION No. 925310 EXCEPTION 60 VACATED BY THIS PLAT EXISTING 30' EFFLUENT SEWER LINE EASEMENT TO REMAIN SPRING VALLEY SANITATION DISTRICT RECEPTION No. 794921 EXCEPTION 44 20' UTILITY & DRAINAGE EASEMENT RECEPTION No. 925310 EXCEPTION 60 VACATED BY THIS PLAT LAKE SPRINGS RANCH PUD FILING 2 OPEN SPACE PARCEL A 102,976 S.F.± RECEPTION No. 925310 EXCEPTION 60 VACATED BY THIS PLAT / COLORADO MOUNTAIN / JUNIOR COLLEGE DISTRICT 5( ( EXEMPT POLITICAL SUBDIVISION PARCEL NO. 20' HOLY CROSS \ SINGLE PHASE LINE EASEMENT TO REMAIN (APPROX. LOCATION) BK 803, PAGE 445 RECEPTION No. 423254 EXCEPTIO 30' CORNER FOUND , AND REMOVED \ \ (TYP.) \ EXCEPTION 60 VACATED BY THIS PLAT \ SPRING VALLEY ROAD 60' R.O.W. RECEPTION No. 925310 VACATED REC # 20' 0 20' IRRIGATION EASEMENT RECEPTION No. 925310 EXCEPTION 60 VACATED BY THIS PLAT 4 0 0 SW NE 33 BERKELEY FAMILY LLLP GRAZING AGRICULTURAL PARCEL No. 2187-334-00-107 HOUSE TRACT 30' HOLY CROSS ENERGY RIGHT-OF-WAY EASEM ENT S 34°50'06" E 223.72' / / RIVENDELL COURT 60' R.O.W. RECEPTION No. 925310 VACATED REC # R=650.00' L=257.49' 60.' COUNTY ROAD 114 AS PRESCRIPTIVE USE AS SURVEYED CH=S 29°36'28" W 60' PRIVATE ACCESS, UTILITY AND MAINTENANCE EASEMENT RECEPTION No. 922978 EXCEPTION 56 2 - - SE NE K NE SE 60' PRIVATE ACCESS, UTILITY 8c MAINTENANCE EASEMENT REC # 922978 THE BERKELEY FAMILY LLLP GRAZING AGRICULTURAL PARCEL No. 2187-334-00-106 ACCESS, UTILITY, DRAINAGE AND RIGHT-OF-WAY EASEMENT VACATION RECEPTION NO. SEC - 4, 32 8c 33 TSP- 7S&6S co co co REVISION Ei co 07.30.2020 -J 204 0 1.0 1.0 ul 0 a. I 0 LU PROJECT NO. 2041025.05 SHEET NUMBER VACATION PLAT LAKE SPRINGS RANCH P.U.Da FILINGS 1 ��- 2 A PARCEL OF LAND SITUATED AND LOTS 7 THRU 11, ALL IN 14 LOT OF THRU THE 3 OF 17, 6TH SECTION RECEPTIONS AND POSTT-VACATION P.M., 20 THRU COUNTY 4, TOWNSHIP 23 664629 OF OF GARFIELD, CONDITIONS SECTION 7 & SOUTH, 925310 33, STATE RANGE TOWNSHIP OF 88 COLORADO WEST, 6 SOUTH, LOTS 5 AND 6 OF SECTION 32, RANGE 88 WEST, I 4 --------------------- 14 1 I 5 FOUND 2.5in. IRON PIPE, WITH 2.75in. BRASS CAP GARFIELD COUNTY SURVEYOR-1977 I I ^ "�~�"r FOUND 2.5in. IRON PIPE, WITH 2.75in. BRASS CAP GARFIELD COUNTY SURVEYOR - 1977 �_- \ 7 \\ \ \ \ / \ \ 5/ \ \ \ \\ \ \ \ \ \\ - \ _ — \ \ \ \ \ \ \ \ PROPOSED COUN////\\8 ROAD 119 \ / ` ` 60' \ / FOUND 2.5in. IRON PIPE,6 WITH 2.75in. BRASS CAP GARFIELD COUNTY SURVEYOR - 1977 FOUND 2in. IRON PIPE, WITH 5933 BRASS CAP PELS 5933 SW NE FOUND 5/8in. IRON PIN, PWIT 2 YELLOW85PLASTIC CAP FOUND 2.5in. IRON PIPE, WITH 2.75in. BRASS CAP SE NE I I FOUND 2.5in. IRON PIPE, 60' R.O.W. EASEMENT REC # \ \\'-6O GARFIELD COUNTY WITH 2.75in. BRASS CAP I 3 2PARTNERSHIP , �I I I I 1 7 KINDALL ROAD (60' PUBLIC ACCESS R.O.W. TO REMAIN IN PLACE FOR PUBLIC ACCESS UNTIL THE FUTURE \\ �\ \ 19.8i11 SURVEYOR 1977 3tin. SURVEYOR-1977 GARFIELD TY FOUND 60' ROAD EASEMENT IRON PIPE, THE BERKELEY FAMILY LIMITED AND MIRIAM M. BERKELEY - I I WITH 2.5in. BRASS CAP \ COUNTY ROAD 1 1 9 IS CONSTRUCTS ) 11 \ RECEPTION 596026 l/�- I Detail Scale 1" = 20' PELS 5933 EXCEPTION 25 ��/ / \ II -III \ \ i/ 1AI \\ /// 3 4 \ 3 _ \ \ I 6 I I9 I I I FOUND 3/4in. IRON PIN, I \ / 1p / / \ \ ` `�\ \ / \ \ \\ \`\ \\ \ \ HOUSE TRACT 35.62 , / / FOUND 5/8in. IRON PIN, WITH YELLOW PLASTIC CAP I �/ I PLS 19598 = IVO � BERKELEY FAMILY LLLP ��GOvti� HIGH COUNTRY ENGINEERING, INC. CO m A GLENWOOD SPRINGS, COLORADO ��� + -I — I. L 1517 BLAKE AVENUE, STE 101, 0 C ON n LAKE SPRINGS RANCH P.U.D. H CIE - GLENWOOD SPRINGS, CO 81 601 co b z POST -VACATION OF FILINGS 1 & 2 �ti,, • ��(� PHONE (970) 945-8676 FAX (970) 945-2555 X GARFIELD COUNTY, COLORADO �I EER�� �.HGENG.GOM WITH 3.5in. ALLOY CAP PLS 19598 \ \\ \ \ SINGLE \ ACRES / I FOUND 3/4in. IRON PIN, WITH 3.5in. ALLOY CAP PLS 19598 7 \\\ \ \ \\\ 1 I`\ 7 8 20' HOLY CROSS \ \\ PHASE LINE EASEMENT \ \ (APPROX. LOCATION) \ i/// \� BK 803, PG 445 \�\ -- k \\ RECEPTION 423254 \ EXCEPTION 14 \ /� \\ / / \\ \\ 1 6 \\ \ \\ 30' HoLY� ` \ 1 2 // / NE SE NW SW I FOUND 2.5in. IRON PIPE, 17 REMAINDER \ \ CROSS ENERGY \ \ / \ \ RIGHT-OF-WAY \ \ \ \ EASEMENT \ \ \�\\� ��_ I I WITH 2.75in. BRASS CAP / GARFIELD COUNTY FOUND 5/8in. IRON PIN, FOUND 5/8in. IRON PIN, �i — _ — -- -� SURVEYOR-1977 WITH YELLOW PLASTIC CAP WITH YELLOW PLASTIC CAP _ �/ PLS 19598 PLS 19598 — -- -I , \\ \ ___ �\ _/ / _ _♦— I I 7 \, / ,1 , \ I I \ / / 1, TRACT 424.68 ACRES - \\\ ��-_-- �� I \ / \ \ \ \\ \` \\ \� , / / 1 4 // �� -- -, 60' PRIVATE ACCESS, UTILITY & MAINTENANCE EASEMENT REC # 922978 I ------_ '�� -;- SE SE FOUND 3/4in. IRON PIN, WITH 3.5in. ALLOY CAP PLS 19598 I 1\ 19// I21 - \ / )7\---/// \ 1 \ 1 \ 1 \ \ I �� \ / \ / \ \ 1 II I I I I `__— \ �� 'I I I - ,/ / / / / / / / // \ \ q 23 I , I I I I \ \\`\ / / \\ / 1 r - ' SW SW 13 I I / I I / �/ ....., -1- z , F V I I I \ 30' OVERHEAD POWER LINE EASEMENT \\ (APPROXIMATE LOCATION) \ \ \ /HOLY CROSS ENERGY \ I RECEPTION 6651 1 1 I \ EXCEPTION 35 l li 4\ H / )\\ I / E3 �� ���//' e . G vI`/ / �� H E iNE m .' 1WITH 51 1 1 \ I I \ \ 1 1,1, FOUND tin. IRON PIPE, 2.5in. BRASS CAP/� 4 PELS 5933 /� /� r ii\\ I I/ \ I I V A 2I I / \ \ I I \ \ V I I \ 1 I \ \ / / / �� -FOUND 5/8in. IRON PIN, WITH YELLOW PLASTIC AP/ PLS 23875 / / / / i FOUND 5/8in. IRON PIN, FOUND tin. IRON PIPE, WITH YELLOW PLASTIC CAP WITH 2.5in. BLM BRASS CAP PLS 19598 30' OVERHEAD POWER LINE EASEMENT (APPROXIMATE LOCATION) HOLY CROSS ENERGY RECEPTION 659779 EXCEPTION 29 EIf \ \ \ \ 7 / 7 / 4 300 0 150 300 if GRAPHIC SCALE 600 1200 1 6 \ \ 11 \\ \ \ 1 I� \ \ 30' HOLY CROSS ENERGY RIGHT'OF' � \ \ WAY EASEMENT \ \ - i 1 Gi iijri I I =� FOUND 5/8in. IRON PIN, WITH YELLOW PLASTIC CAP \ \ 1 \ \ / PLS 23875 (IN U.S. SURVEY FEET) 1 INCH=300FT. 11 \ \ \ \ 9 \ \ �- \ \ / -FOUND 5/8in. IRON PIN, WITH YELLOW PLASTIC CAP PLS 23875 \\ _ \\ LEGEND \1 \\ — ,�� -- �. �' '�, �I-' FOR = FOUND BOUNDARY CORNER - AS SHOWN AND 1 \ Detail Scale 1" = 20' P"ELIMINA"Y \ \ _ y , C1 V 1 EXCEPTION 44 \ \ FOUND 5/8in. IRON PIN, I— —I FIFTH AMENDED AND RESTATED DEED OF CONSERVATION EASEMENT REC # 925748 / / ti FOUND 5/8in. IRON PIN, WITH YELLOW PLASTIC CAP PLS 23875 254.57 AC / I WITH YELLOW PLASTIC CAP I PLS 23875 / / / / I' Detail Scale 1" = 20' EXHIBIT 23 Holy Cross Electric Easement Documents • i 3iri ar..rar4.r. S'r I. Y•s Mi r; tMtraa •-1W 1,+ r ty r • Y � . 1 ' VACATION AND ABANDONMENT OF EASEMENT This Vacation and Abandonment of Easement is made as of this 0-day of ,J ��'� 2020, by Holy Cross Energy, a Colorado corporation whose post office address is P.O. Box 2150, Glenwood Springs, Colorado ("Holy Cross"). WHEREAS, Holy Cross is the beneficiary of a 20' wide electric easement described in the Vacation and Abandonment of Easement and Grant of Easement dated November 13, 2018 and recorded with the Garfield County Clerk and Recorder on July 1, 2019; WHEREAS, Holy Cross desires to release, relinquish, vacate, abandon, and quit claim its right, title and interest in said easement, which is described in Exhibit A and shown on Exhibit B; and WHEREAS, simultaneously with recordation of this Vacation and Abandonment of Easement, Berkeley Family Limited Partnership will record an easement reinstating the easement that Holy Cross Vacated in the Vacation and Abandonment of Easement and Grant of Easement dated November 13, 2018 and recorded with the Garfield County Clerk and Recorder on July 1, 2019. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged Holy Cross hereby releases, relinquishes, vacates and abandons its right, title and interest in and to the easement described in Exhibit A and shown on Exhibit B. IN WITNESS WHEREOF, Holy Cross has duly executed this Vacation and Abandonment of Easement. HOLY CROSS ENERGY, a Colorado corporation By: I Name: 7,rc/ti, it _"3 Title: Lip � f4x 1I,1 Er2i 1-} (� STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this 8 day of J ir-y 2020, by fDAth9 i.r?aki pf , ve EN6 ;dere 1,14 , Holy Cross Energy, a Colorado corporation. WITNESS my hand and official seal. My commission expires: RUSSELL T WINDER Notary Public Stale of Colorado Notary ID* 20154009296 My Commission Expires 03/05/2023 Notary Public Address:.7S -f (LiliE1nJ D. , 61Gt1S eo EJ l (00( HOLY CROSS ENERGY RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, Berkeley Family Limited Liability Limited Partnership (hereinafter called "Grantor"), for a good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant unto Holy Cross Energy, a Colorado corporation whose post office address is P. O. Box 2150, Glenwood Springs, Colorado (hereinafter called "Grantee") and to its successors and assigns, the right of ingress and egress across lands of Grantor, situate in the County of Garfield, State of Colorado, described in Exhibit A attached hereto and made part hereof by reference. And, to construct, reconstruct, enlarge, operate, maintain and remove an electric transmission or distribution line or system, within the above mentioned lands, upon an easement described as follows: An easement thirty (30) feet in width as shown on Exhibit A, the centerline for said easement being a power line as constructed, the a location of which is described in Exhibit A. The rights herein granted specifically allow Grantee to (1) install down guys with anchors as needed on any pole located on the above described easement, and (2) install additional poles, down guys with anchors, overhead conductors and/or related facilities within the above described easement at any time in the future. And, in addition, Grantor hereby grants to Grantee, and to its successors and assigns, the right to clear all trees and brush, by machine work or otherwise, within said easement, and the further right to cut trees, even though outside of said easement, which are tall enough to strike the wires in falling. Grantor agrees that the surface of the ground will not be changed nor will any other alteration be made within the boundaries of the easement which would violate National Electrical Safety Code requirements for minimum clearance from the power line conductors. Grantor agrees that all poles, wire and other facilities installed by Grantee on the above described lands, shall remain the property of Grantee, and shall be removable at the option of Grantee. Grantor covenants that it is the owner of the above described lands and that the said lands are free and clear of encumbrances and liens of whatsoever character, except those held by the following: All those of Record. TO HAVE AND TO HOLD, said right-of-way and easement, together with all and singular, the rights and privileges appertaining thereto, unto Grantee, its successors and assigns, forever. IN WITNESS WHEREOF, Grantor has caused these presents to be duly executed on this 13 day of November, 2018. The individual signing this Holy Cross Energy Right -of -Way Easement hereby represents that she has full power and authority to sign, execute, and deliver this instrument. Berkeley Family Limited Liability Limited Partnership Miriam Berkeley, General Partn STATE OF S ) )ss. COUNTY OF l� ) The foregoing instrument was acknowledged before me this 13 day of November, 20 18, by Miriam Berkeley as General Partner WITNESS my hand and official seal. My commission expires: (1lll1zo =o �Rr n� •.•� EDWIN IVAN RIVERA _, _ Notary Public, State of Texas t ' ` Comm. Expires 01-1 1-2020 •" u°;#� Notary ID 130491412 Notary Public Address: )302 On ctll1 br 96 f,1)C 7 70/1 30' WIDE HOLY CROSS OVERHEAD ELECTRIC EASEMENT EXHIBIT A 30' WIDE HOLY CROSS OVERHEAD ELECTRIC EASEMENT BEGINNING AT A POINT OF THE 30' WIDE HOLY CROSS ENERGY RIGHT-OF-WAY EASEMENT FROM WHENCE THE S 1 /4 OF SAID SECTION 33 TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE 6TH P.M. BEARS N 38'23'26" E A DISTANCE OF 522.34 FEET; THENCE, S 74° 01' 02' W FOR A DISTANCE OF 30.00 FEET, THENCE, N 15' 58' 35' W FOR A DISTANCE OF 709.24 FEET; THENCE, N 15' 53' 52" W FOR A DISTANCE OF 533.67 FEET; THENCE. N 16° 01' 04" W FOR A DISTANCE OF 331.02 FEET; THENCE, N 73° 58' 56" E FOR A DISTANCE OF 30.00 FEET; THENCE, S 16' 01' 04" E FOR A DISTANCE OF 533.67 FEET; THENCE, S 15' 53' 52" E FOR A DISTANCE OF 331.06 FEET; THENCE, S 15' 58' 35" E FOR A DISTANCE OF 709.22 FEET TO THE BEGINNING SAID STRIP OF LAND CONTAINS 1.084 ACRES MORE OR LESS SURVEYOR'S CERTIFICATION I, BILL W.A. BAKER, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO (#23875) DO BY THESE PRESENTS CERTIFY THAT THE DRAWING SHOWN HEREON, WITH NOTES ATTACHED HERETO AND MADE A PART HEREOF, REPRESENTS A MONUMENTED LAND SURVEY MADE UNDER MY DIRECT SUPERVISION AND THAT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, AN ACCURATE DEPICTION OF SAID SURVEY IS RENDERED BY THIS PLAT. THIS SURVEY WAS CONDUCTED IN CONFORMANCE WITH CURRENT STANDARDS OF PRACTICE PROMULGATED BY THE PROFESSIONAL LAND SURVEYORS OF COLORADO, AND COMPLIES WITH TITLE 38-51-102, COLORADO REVISED STATUTES. BILL W.A. BAKER, COLORADO PROFESSIONAL LAND SURVEYOR y'23675 CERTIFIED FEDERAL SURVEYOR y1699 HIGH COUNTRY ENGINEERING, INC. 1517 BLAKE AVENUE, STE 101 GLENWOOD SPRINGS, CO 81801 PHONE (970) 945.6676 FAX (970) 945-2555 WWW.HCENG.COM BERKELEY FAMILY LIMITED PARTNERSHIP 30' WIDE HOLY CROSS ELECTRIC EASEMENT EXHIBIT A PAGE 1 DRAWN BY: DRD SCALE: NTS CHECKED BY: BWAB PROJECT NO: 2041025 DATE: PAGE: 10.19,18 1 OF Fly' 2041025/HC EASEMENT RECREATE 30' WIDE HOLY CROSS OVERHEAD ELECTRIC EASEMENT EXHIBIT A SECTION 4, TOWNSHIP 7 SOUTH, RANGE 88 WEST & SECTION 33, TOWNSHIP G SOUTH, RANGE 88 WEST OF THE GTH PM COUNTY OF GARFIELD , STATE OF COLORADO 1 N73°56'56"E 30.00 ` `1 11 I1 60' R.O.W. EASEMENT FOR SPRING VALLEY ROAD 0 o. / 11 SOUTH 1 /4 CORNER f SECTION 33 2-1 /2" BRASS CAP L.S. NO. 5933 30' SPRING VALLEY SANITATION DISTRICT GRAVITY SEWER LINE EASEMENT N // EXISTING 30' WIDE HOLY CROSS ENERGY RIGHT-OF-WAY EASEMENT 60' R.O.W. EASEMENT FOR COUNTYROAD114 / COUNTY / ROAD 114 / 20' WIDE HOLY / / CROSS ENERGY ELECTRIC ELECTRIC REC. NO. / • 1 • • EAST1CORNER IZ SE SECTION CORNER • 2682.73' SECTION 33\ o r N 89°49'18" W SECTION 4 1) r • '• Jr) • • • • • • • S74'01'02'W 30.00' HIGH COUNTRY ENGINEERING, INC. 1517 BLAKE AVENUE, STE 101 GLENWOOD SPRINGS, CO 81601 PHONE (970) 945-8676 FAX (970) 945-2555 W W W.HCENG.COM N38°23'26"W 522.34' (TIE TO POINT OF BEGINNING) 30' WIDE EASEMENT POINT OF BEGINNING (TIE TO SOUTH 114 CORNER S. 33 BEARS: N38°23'26'W 522.34') EXISTING 30' 1S74°01'02'W CROSS E130.00' RIGHT-OF-WAY EASEMENT BERKELEY FAMILY LIMITED PARTNERSI-HP 30' WIDE HOLY CROSS ELECTRIC EASEMENT EXHIBIT A, PAGE 2 DRAWN By: DRD SCALE: 1 " = 200' CHECKED BY. SWAB PROJECT No: 2041025 DATE: PAGE: 10.19.18 20F2 FILE 2041025/HD EASEMENT RECREATE EXHIBIT 24 Fire District Letter FIRE • EMS • RESCUE July 3, 2020 Tim Malloy TG Malloy Consulting, LLC 402 Park Drive Glenwood Springs, CO 81601 Re: Lake Springs Ranch ROW Vacation and Alternate ROW Dedication Dear Tim: As requested, I have reviewed the plans for vacation of the final plats for Filings 1 and 2 of the Lake Springs Ranch PUD Subdivision and for vacation of the right-of-way associated with these final plats, including the future relocation of CR 119 which was dedicated with the Filing 1 final plat. I have also reviewed the plans for the proposed alternate right-of-way for CR 119 (Kindall Road). This letter is being provided at the request of the Berkeley Family LLLP, in accordance with Section 4-302(A)(3) of the Garfield County Land Use and Development Code. Based on our review of the plans and documents provided to the Fire District for review, we have no concerns with respect to the proposed subdivision vacation. With respect to vacation of the right-of-way for the future relocation of CR 119, it is not necessary to maintain this right-of- way for emergency use for the following reasons: 1. The right-of-way being vacated has not been developed and no roadway currently exists with it. 2. The Berkeley Family is proposing to dedicate an alternate right-of-way easement of similar width (60 feet), which complies with all county standards for a Minor Collector, the same standard used for the design of right-of-way being vacated. The alignment of the alternate right-of-way is located relatively near to the right-of-way being vacated and provides the opportunity to construct a future roadway which would connect to the existing CR 119 roadway to the northwest of Lake Springs Ranch in a manner similar to the right-of-way being vacated. 3. The alternative right-of-way intersects with CR 114 at a location which has acceptable sight distance, consistent with County standards for county road intersections. 4. In addition to providing the alternate right-of-way for construction of a future roadway, the 60-foot prescriptive right-of-way for the existing Kindall Road will also be Carbondale & Rural Fire Protection District 300 Meadowood Drive • Carbondale, CO 81623 • 970-963-2491 Fax 970-963-0569 retained until the future County Road 119 is constructed within the alternate right-of- way. 5. There is relatively little development along CR 119 and the conservation easements which the Berkeleys have donated will reduce the total development potential in the area and the commensurate need for emergency service access along CR 119. The District finds the alternative right-of-way to be an acceptable substitute for the right-of-way proposed to be vacated, in terms of providing emergency service access for both the existing and the foreseeable future needs. Sincerely, - -41_31ade 1(775 Bill Gavette Deputy Chief Carbondale & Rural Fire Protection District 300 Meadowood Drive • Carbondale, CO 81623.970-963-2491 Fax 970-963-0569 EXHIBIT 25 20' Wide Holy Cross Electric Easement Vacation Exhibit i 3iri xri .r. S`r I. Y•s- 1. .1,1 20' WIDE HOLY CROSS ELECTRIC EASEMENT VACATION EXHIBIT A SECTION 4, TOWNSHIP 7 SOUTH, RANGE 88 WEST & SECTION 33, TOWNSHIP G SOUTH, RANGE 88 WEST OF THE GTH PM COUNTY OF GARFIELD , STATE OF COLORADO AREA OF 30' WIDE HOLY CROSS ENERGY RIGHT-OF-WAY EASEMENT TO BE RESTORED I SOUTH 1 /4 CORNER SECTION 33 2-1 /2" BRASS CAP L.S. NO. 5933 30' SPRING VALLEY SANITATION DISTRICT GRAVITY SEWER LINE EASEMENT S37°3701"E 510.39' (20' WIDE HOLY CROSS ELECTRIC EASEMENT TIE) 30' WIDE HOLY CROSS ENERGY RIGHT-OF-WAY EASEMENT 20' WIDE HOLY CROSS ENERGY ELECTRIC EASEMEI REC. NO. 922977 60' R.O.W. EASEMENT FOR COUNTY ROAD 114 COUNTY ROAD 1 14 2682.73' N 89°49'18" W SEE DETAIL 'A' 0 5' 10' 20' (US SURVEY FEET) SCALE: 1" = 10' EAST CORNER SE SECTION CORNER SECTION 3X SECTION 4 20' WIDE HOLY CROSS ELECTRIC EASEMENT VACATION POINT OF BEGINNING (TIE TO SOUTH 1/4 CORNER S. 33 BEARS: N37°37'01"E 510.39') DETAIL 'A' SCALE 1 "=50' HIGH COUNTRY ENGINEERING, INC. 1517 BLAKE AVENUE, STE 101 GLENWOOD SPRINGS, CO 81601 PHONE (970) 945-8676 FAX (970) 945-2555 WWW.HCENG.COM BERKELEY FAMILY LLLP EASEMENT VACATION 20' WIDE HOLY CROSS ELECTRIC DRAWN BY: DRD SCALE: 1"=200' CHECKED BY: BWAB PROJECT NO: 2041025 DATE: 7.30.20 PAGE: 1 OF 1 FILE: 2041025/HC UTILITY EASEMENT VACATION EXHIBIT 26 AVLT Letter Board of Directors Gary Knaus President Jeanne Doremus Vice -President Ellen Dube Secretary David Chase Treasurer Scott Hanley Amy Daley Krick Charles Bantis Curtis Kaufman Scott Miller Richard Shaw Cindi Jacobson Staff Suzanne Stephens Executive Director Dave Erickson Stewardship Director Erin Quinn Conservation Director Melissa Sumera Operations Director Jeff Davlyn Philanthropy and Community Engagement Carly Bolliger Communications Manager Brian Hightower Education Outreach Coordinator August 17, 2020 Sent via email to: Tim Malloy TG Malloy Consulting, Ilc tim@tgmalloy.com RE: Relocation of CR 119 (Lake Springs Ranch) Dear Tim, Thank you for reaching out to Aspen Valley Land Trust (AVLT) regarding a proposed realignment of the Spring Valley Road (CR 119) right-of-way (R.O.W.) on Lake Springs Ranch. As you are aware, 254 acres of Lake Springs Ranch is under conservation easement with AVLT (current and enforceable CE recorded in Garfield County on 09/20/2019 at Reception No. 925748). The purpose of this CE is to protect the property's agricultural use, open space, and relatively natural habitat for wildlife. Based on your correspondence with AVLT, it is our understanding that Lake Springs Ranch is submitting an application to Garfield County to vacate a subdivision (Lake Springs Ranch P.U.D. Filings 1 & 2). As part of that process, Lake Springs Ranch is requesting that the existing R.O.W. easement for CR 119 is relocated to the general vicinity of the existing Kindall Road and that the prescriptive easement associated with Kindall Road is vacated once CR 119 is constructed. This proposal is captured on the attached site plan you provided. According to Section 7.2. (Buildings and Improvements) D. (Roads and Access Easements) of the CE: "Pursuant to previously approved subdivision plans, a new County Road (Spring Valley Road) may be constructed through the Property within the right-of-way depicted on the approved Preliminary Plan for the Lake Springs Ranch Subdivision/PUD, which is attached to Garfield County Resolution No. 2016-35 (Reception No. 876660). The approved alignment for Lake Springs Drive is shown on Exhibit 8-1 (Map of Property). The Landowner may also negotiate and establish a substitute right-of-way alignment for Spring Valley Road with Garfield County subject to review and approval by the Trust." Aspen Valley Land Trust 1320 Main Street Suite 204 I Carbondale, CO 81623 Based on that section of the CE, AVLT has reviewed this request and approves the proposed realignment of CR 119 R.O.W. through Lake Springs Ranch. AVLT finds that the proposed alignment better supports the purpose of the CE by moving the future CR 119 outside of the agricultural use area and onto an area already disturbed by Kindall Road. Please let me know if you have any further questions or need clarification. Sincerely, avr.�f L2;Ck✓ Dave Erickson Stewardship Director 970-963-8440 dave@avlt.org Aspen Valley Land Trust 1320 Main Street Suite 204 I Carbondale, CO 81623 LAKE SPRINGS RANCH P.U.D. ROW SITE PLAN ROBERT & MICHELE T. BACON GRAZING AGRICULTURAL PARCEL No. 2187-321-00-099 ELK MESA PROPERTIES, LLC RURAL PARCEL No. 2187-324-00-080 0 SPRING VALLEY HOLDINGS LLC 2187-201-00-168 IRRIGATEIAGRICULTURAL , / / / ,, / AR EL No. =• ���`..N •• 4 \ •• •• •• •• •• •• • • 4R.OW. CREATED VIA •• THE LAKE SPRINGS RANCH P.U.D. IJ*!:444:IIi FILING 1 PLAT (TO BE VACATED) • •• • • •• •• •• •• •• •• •• •• •• • •� 11:. •••• • • ••• •••••••• •••••••••• ELK SPRINGS HOMEOWNERS ASSOCIATION INC. COMMON AREA EXEMPT ALL OTHER PARCEL No. 2187-324-08-052 O GRAPHIC SCALE 200 0 100 200 400 800 (IN U.S. SURVEY FEET) 1 INCH=200FT. O FILING 1 EXISTING GRAVEL KINDALL ROAD (60' PROSCRIPTIVE R.O.W. TO REMAIN IN PLACE FOR THE PUBLIC UNTIL THE FUTURE COUNTY ROAD 119 IS CONSTRUCTED) EXISTING 60' R.O.W. EASEMENT FOR SPRING VALLEY ROAD (CR 1 1 9) CREATED ON THE LAKE SPRINGS RANCH FILING 1 PLAT (TO BE VACATED) COLORADO MOUNTAIN .JUNIOR COLLEGE DISTRICT EXEMPT POLITICAL SUBDIVISION PARCEL No. 2393-042-00-034 60' PROPOSED COUNTY ROAD 119 R.O.W. EASEMENT EXISTING 60' R.O.W. EASEMENT FOR SPRING VALLEY ROAD (CR 1 1 9) CREATED ON THE LAKE SPRINGS RANCH FILING 1 PLAT (TO BE VACATED) SPRING VALLEY HOLDINGS LLC DRY FARM AGRICULTURAL PARCEL No. 21 87-331-00-1 52 EXITING 60' R.O.W. FOR SPRING VALLEY ROAD CREATED VIA THE LAKE SPRINGS RANCH P.U.D FILING 2 PLAT (TO BE VACATED) 60' R.O.W. EASEMENT FOR COUNTY ROAD 114 CENTERED ON THE EXISTING PAVED ROAD / / / BERKELEY FAMILY, LLLP GRAZING AGRICULTURAL PARCEL No. 2187-334-00-107 EXISTING GRAVEL KINDALL ROAD (60' PRESCRIPTIVE R.O.W. TO REMAIN IN PLACE FOR THE PUBLIC UNTIL THE FUTURE COUNTY ROAD 119 IS CONSTRUCTED) 60' PROPOSED COUNTY ROAD 119 R.O.W. EASEMENT 0 GARFIELD COUNTY ROAD114-1926 60' R.O.W. TO BE VACATED // / / / / / / / / / / i BERKELEY FAMILY LIMITED PARTNERSHIP GRAZING AGRICULTURAL PARCEL No. 2187-334-00-106 / / / / / / / / / 60' R.O.W. EASEMENT FOR COUNTY ROAD 114 CENTERED ON THE EXISTING PAVED ROAD I I1 rWI W 1rv,+ � I~ I--�- . >- m REVISION w d 0 O 0 m0 Z 0 w 0 06.23.2020 0 0- 0 d J O J 0 LL >- z w � J 0 wU • 0 W m W LI _ d LO In In (1 - 0 [n O — (3) —CO I- 0 N W � ZLL Z w u) co <• 0d 0 m 0� N z0 LQW jW OZ 0 o~ LAKE SPRINGS RANCH P.U.D. PUBLIC RIGHT-OF-WAY EXHIBIT PROJECT NO. 2041025.05 SHEET NUMBER 1 OF 1