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HomeMy WebLinkAbout1.00 General Application Materials_Part1.IANTJARY 2023 OAK MEADOWS RANCH P.IJ.D. FILING4_PHASEIII FINAL PLAT APPLICATION GARFIELD COLTN]'Y, COLORADO i"'': "-* '"tttij-r" , ,, ,11 i,,1. ; l. .,1 i, :r -r i:,:'ii...li 'i, ';1 .., i, ,r lil'.1'r ,,ai,.4, il ., tii ,. j ,".*] l l ,.'|'i jrr$i' " r l. , ,, 'r ,' ' ',' '.4c \r ri.. rlt ,,,r, , Oak Meadows Ranch PUD - Filing 4 - Phase III Final PIat Application Table of Contents Section 1 - General Application Materials: r Final Plat Application Form r Agreement to Pav Form r Statement of Authority Form r Proof of Ownership o Title Commitment o Operating Agreement of Oak Meadows. Filine 4. Phase 3 LLCo Deeds Conveying Titler Barsain and Sale Deed Conveyine Water RishtsI Special Wananty Deed Conveying Real Estateo List of Owners of Record of Adjacent Property within 200-ft Radius of Subject Propertyo Certificate of Mineral Owner Research with Supporting Documentsr Vicinity Map Section 2 - Cover Letter and Project Descliption o Cover Letter Sectir:n3 ImprovementsAgreement: r ImorovementsAgreement Section 4 - Final Plan Map o Final Plan Map Section5-Final Plat o Final Plat Section 6 - Codes, Covenants and Restrictions r Codes. Covenants and Restrictions Section 7 - Affordable Housing Plan o Affordable Housing Plan Section 8 - Engineering Plans r 2023 Pronosed Final Engineering Plans - Full Set o Road Plans and Profiles - Sheets Rl through R2 of the Engineering Planso Geoloeic Site Assessment and Geotechnical Study o Sewage Collection System - Sheets Sl through 53 of the Engineering Planso Water Distribution System - Sheets Wl through W3 of the Engineering Planso Groundwater Evaluation - Addressed in Geotechnical Study o Stormwater and Drainage System Sheets Dl through D3 of the Engineering Planso Final Cost Estimates for Public Improvements Section L General Applications Materials Garfield Coanty DIVISIONS OF LAND APPLICATION FORMCommunity Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 94s-8212 www.garfi eld-countv.com OF SUBDIVISI MPTION Minor Subdivisionl-l vr or Subdivision Sketch reliminary nal Conservation Subdivision Yield Sketch Prelimina Fina I Time Extension INVOTVED PARTIES r_1e!!min9ry Plan Amendment Final Plat Amendment mon lnterest Communi Subdivision l-l p Exem n Rural Land Develo me nt Exemptio n Basic Correction Ex Owner/Applicant Name: Oak Meadows, Filing 4, Phase 3 LLC 970 379-3632Phone: ( Mailing Address: 320 Big Pinion Drive . Basalt state: co -Zipcode: 81621City E-mail: gary@g mjcon.com Representative (Authorization Required) Name: Gary Johnson Phone:970 379-3632 Mailing Address: 320 Big Pinion Drive . Basalt state: CO Zip code:81621City -^^ -a-^^i^, E-mait: ga ry(g9 mJcon.conl PROJECT NAME AND TOCATION Project Name: Oak Meadows Ranch PUD - Filing 4 - Phase 3 Assessor'sParcelNumber: 23 9 5 153 10 001 Phvsical/Strp etAddress: TBD - lntersection of Oak Way North and Overland View Dr I ooal llacrrinfinn See Attached Zone District. P.U.D Property Size (acres)44.66 Existing USe: VacantLand Proposed Use (From Use Table 3-tl{l3l:Dwelling, Single Unit / Dwelling, 2-Unit Description of Proiect:25 Single Family Residences with associated development infrastructure. Acreage Parking# of Lots # of Unitsland Use Type as required258.055Single FamilY 25 Duplex Multi-Family Commercial lndustrial 0 35.99 none3Open Space Other Total Area REqUEST FOR WAIVERS Submission Requirements E the Applicant requesting a Waiver of Submission Requirements per Section 4-202. List I have Section: Section: nd Section: Section: above and have provided the required attached information which is best of my knowledge. , lt lzort of Property Owner or Authorized Representatlve,Title Date OFFICIAL U.SE. ONIY File Number:Fee Paid: Waiver of Standards E ttre Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section Section GarfuId County PAYMET{T AGREEMEilT FORM GARFIEI,D COUNTY ("COUtfIlpl and Property Owner ('APPL"lCAiff"l Oek Filino 4-3 LLC agree as follows: t.The Applkant has Oak Meadows applhation for the following proiect: _Phase 3 2. The Applic.nt understands and agrees that Garffeld County Resotution No. 2014-EO as amended, establirhes a fce schedule for each type application, and the guidelines for the adminlstrrtlon of the fee structure. 3. The Applicant end the Gounty agree that because of the slze, nature or scope of the proposed project, ft is not possible at this tlme to ascertatn the fullextent of the costs involved in procesitg the application. The Applicant agrees to make payment of the Base Fee, established for the Project, rnd to thereafter permlt additional costs to be bllled to the Applicant. The Applicant agrees to make addltlonat payments upon notification by the County, when they are necessary, as costs are lncurred. 4. The Base Fee shall be in addition to and excluslve of any cost for publlcation or cost of consulting service determined necessary by tho Board of County Commlssloners for the consideration of en application or additional County staff time or erpenre not covercd by the Base Fee. lf actual recorded costs exceed the Initial Base Fee, the lppllcant shrll pay additional billings to the County to relmburre the County for the processlng of the p6Ject. The Applicant acknowledges that rll billing shall bc paid prior to the final considerailon by the County of any land Use Change or Dlvlsion of Land. I hereby ajree to pay all fees related to thls rppllcatlon: Billing Contact Johnson Phonel 970 379-3632 Billing Contact Address: City:320 Big Pinion Drive state: CO apcode:8162r Billing Contact Email:gary@gmjcon.com Person Authorked to Slgn:Gary Johnson t lt lz,rv lSlgnature)(ootcl Garfield County STATEMENT OF AUTHORIW Pursuant to C.R.S. 538-30-172, the undersigned executes this Statement of Authority on behalf of Oak il€dotp, Filing 4, Pha$ 3 LLC 3 Cotomrto (eerye+atie+,limited liability company, li+nlte*partnershi& limiteC partnership asseeiatienr gevernment agereyi trust er etherl, an entity other than an individual, capable of holding title to real property (the "Entity''), and states as follows: The name of the Entity ig Oak iloadors, milE.|, Phase 3 LLC and is formed under the laws of colordo The mailing address for the Entity is 320 Big Pinlon Drive, Basall, Colorado 81621 The name and/or position of the person authorized to execute instruments conveying, encumbering or othenvise affecting title to real property on behalf of the Entity is Gary Johnson. Manaser The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"):None Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED this day of .l^un *ro 2oI'''7 ' Signature: Name Title (if any) STATE OF C nl"to/o COUNTY OF A"&,cld The foregoing instrument was acknowledged before me this Jd'day of 20aJ- by eanv JrA'rcarn , on behalf oft )ss. I a witness mv hand " o \!'IX"i')anai- WMvcommission expires , ,1Date1 ( (Notary Wnl JANETTE R. GUTHRTE- Notary Public Stat€ of Colorado Norary lD I 198?4078780 Mv Commission Exoires O1-1 4-2025 [SEALJ llll lifr lllrltll}'ilB lttl l{rt'lttll{ilj[u:l]$ Hd, lll'{ ll ll I Rccrltlon$: 829O01 12t21t2o12 0t:10:ol Pll Jren nlbcriooi-;7'i-FaE Fai'iii:00 ooa-Fcr:0.66 cnRFIELD cor$rrY co STATEMENT OF AUTHORITY NAME OF ENTITY: The name of the entity to which this Statement relates is the Don L. Lynch and Christine G. Lynch Joint Living Trust. TY.gE OX'ENTITY: The entily is a revocable trust dated November 30,2W7, formed under the liws of the State of Arizona, with a current trust situs in the State of Colorado. MAILING ADDRESS: The mailing address for the entity is 602 Cowdin Drive, Glenwood Springs, CO 81601. AUTHORIZEI) PpFSON: The name and position of the person authorized to execute instru*ents conveying, encumbering or otherwise affecting tiile to real property on behalf of the entity is as follows: Name Position TnrsteeChristine G. Lynch LIMITATIONS: None. AUTII.ORITY/LIMITATIONS: The above-named person is hereby authorized to execute instnrments conveying, encumbering or otherwise affecting title to reat or personal property on behalf of the entity. Dated: December 26, 201 2 Christine G. STATE OFCOLORADO COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this 26s day of December,20l2, by Christinc G, Lyncb, as'frustee. WITNESS my hand and oflicial seal. My Commission expircs:ffi$$0ll t2l2fill3 Anct ruc{rding clurn to: Kcrsl l[ Slrluman P.C. 823 Blakr: Avcnuc, Suite 202, Glcnnood Springs, co El60l ss. ) ) ) Comnronurealth Llng rtTlJ llltur*rcE eotilFrllv COMMITMENT FOR TITLE INSURANCE ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY NOTICE IMPORTANT-READ CAREFULLY: THIS COMMITMENT lS 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 l-Requirements; Schedule B, Part ll-Exceptions; and the Commitment Conditions, Commonwealth Land Title lnsurance Company, a Florida 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 lnsured. lf all of the Schedule B, Part l-Requirements have not been met within 180 days 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 lnsured": Each person identified in Schedule A as the Proposed lnsured of each Policy to be issued pursuant to this Commitment. (0 ;'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 (S) "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. This page is only a part of a 2016 ALTA@ Commitment for Titte lnsurance issued by Commonwealth Land Title lnsurance. This Commitment is not valict withoui the Notice; the Commitment fo /ssue Policy; the Commitment Conditions; Schedule A; Schedule B, Paft l-Requirements; and Schedute B, Paft lt-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. ALTA Commitment for Title lnsurance 8-1-16 Copyright 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. I AMllilcAN tANLr 1t I tt ffi Commorrurcalth 3. lrilE rtTl't lit3u*Ailtf sotttrilY 2.lf all of the Schedule B, Part l-Requirements have not been met within the time period specified in the Commitment to lssue Policy, this Commitment terminates and the Company's liability and obligation end. The Company's liability and obligation is limited by and this Commitment is not valid without:(a) the Notice;(b) the Commitment to lssue Policy;(c) the Commitment Conditions;(d) Schedule A;(e) Schedule B, Part l-Requirements; and(0 Schedule B, Part ll-Exceptions; and(S) 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. lf 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 lnsured's actual expense incurred in the interval between the Company's delivery to the Proposed lnsured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed lnsured's good faith reliance to:(i) comply with the Schedule B, Part l-Requirements,(ii) eliminate, with the Company's written consent, any Schedule B, Part ll-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 lnsured 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 lnsured would not have incurrcd the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed lnsured.(d) The Company's liability shall not exceed the lesser of the Proposed lnsured's actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through s(a)(iii) or the Proposed Policy Amount.(e) The Company shall not be liable for the content of the Transaction ldentification Data, if any.(0 ln no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part l-Requirements have been met to the satisfaction of the Company.(S) ln 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 lnsured 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 ll-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.(0 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 This page is only a paft of a 2016 ALTA@ Commitment for Title lnsurance issued by Commonwealth Land Title lnsurance. This Commitment is not valid without the Notice; the Commitmenf fo /ssue Policy; the Commitment Conditions; Schedule A; Schedute B, paft l-Requirements; and Schedule B, Part ll-Exceptions; and a counter-signature by the Company or itE issuing agent that may be in electronic form. ALTA Commitment for Title lnsurance 8-1-{6 Copyright American Land Title Association. All rights reserved. The use ofthis Form (or any derivative thereof) is reslricted 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. r 4ltE!!!c4il ii*:,uli * 9. 8. Countersigned Corrwrornruealth ?ah,ith ?" $wrvY*,AL COMMONWEAI.TH LAHD TITLE INSUBA LrilD Ttrrt lufurirfcf eol{lFtilv 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. PRO-FORMA POLICY The Company may provide, at the request of a Proposed lnsured, 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 lnsured, nor is it a commitment to insure. ARBITRATION The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of lnsurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed lnsured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org/arbitration. Itr frwre llfttFt'lJ, l+,lrn Itddr rtr HaIncK t'. burweil Commonwealth Title Company 1322 Grand Avenue Glenwood Springs, CO 81601 ^,rnlyri VtrtJ;erw #j\trnur": NculrEro l*{rlirt This page is only a part of a 2016 ALTA@ Commitment for Title lnsurance issued by Commonwealth Land Title lnsurance. This Commitment is not valid without the Notice; the Commitmenf fo /ssue Policy; the Commitment Conditions; Schedule A; Schedule B, Part l-Requirements; and Schedule B, Paft ll-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic fom. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereo| 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. ALTA Commitment for Title lnsurance 8-1-16 - .1^!!!!!4-! tANtl 1 t ftt AtroclAl0N € (}CoM Lalp rtttr lilgurrtrct trQrtF,lilv Transaction ldentification Data for reference only: lssuing Agent: Commonwealth Title Company lssuing Office: 1322Grand Avenue, Glenwood Springs, CO 81601 ALTA@ Universal lD: 1038730 Loan lD Number: lssuing Office File Number: 2020-03-67 Commitment Number: 2020-03-67 Revision Number: 1 Property Address: TBD N Oak Way, Glenwood Springs, CO 81601 SCHEDULE A 1. Commitment Date: 0512312022 at 8:00 AM 2. Policy to be issued: (a) ALTA Owner's Policy $ PROPOSED INSURED: Oak Meadows, Filing 4, Phase 3 LLC 3. The estate or interest in the Land described or referred to in this Commitment is: fee simple 4. Title to the fee simple estate or interest in the Land is at the Commitment Date vested in: Oak Meadows, Filing 4, Phase 3 LLC 5. The Land is described as follows: Property description set forth in "Exhibit A" attached hereto and made a part hereof. COMMONWEALTH LAND TITLE INSURANCE COMPANY ?o'tTit',l+ ?, Burwdl By Patrick P. Buruvell, License #:153719 Authorized Signatory This page is only a paft of a 2016 ALTA@ Commitment for Title lnsurance issued by Commonwealth Land Title Insurance. This Commitment is not valid without the Notice; the Commitment to lssue Policy; the Commitment Conditions; Schedule A; Schedule B, Paft l-Requirements; and Schedule B, Part ll-Exceptions; and a counter-signature by the Campany or its issuing agent that may be in electronic farm. ALTA Commitment for Title lnsurance 8-1-16 Copyright American Land Title Association. All rights reserved. The use ofthis Form (or any derivative thereoD is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All olher uses are prohibited. Reprinted under license from the American Land Title Association.- AMrRlCAtr '^l*,lllli .Ga-G. (3 Commcnrruealth l,rilD atrlt lfl$uxrf,cf cotlFat" SCHEDULE B, PART I Requirements All of the following Requirements must be met: 1. The Proposed lnsured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the title search and commitment to the Company as set forth below: lnformational Title Commitment: $167.00 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5. The Company must be furnished a copy of (1) the articles of incorporation, (2) written bylaws and all amendments thereto, (3) a certificate of good standing (or current registration) of said company. We must be furnished with evidence satisfactory to the company that all necessary consents, authorizations, resolutions, notices and actions relating to the sale and the execution and delivery of the deed as required under applicable law and the governing documents have been conducted, given or properly waived. 6. Receipt of satisfactory lmprovement Survey Plat certified to the Company (i) prepared from an on-the- ground inspection by a registered land surveyor licensed in the State of Colorado; (ii) currently dated, showing the location of the Property and all improvements, fences, easements, roads, rights-of-way and encroachments or other matters identified in Schedule B - Section 2 of this Commitment, to the extent such matters are capable of being shown, (iii) containing a legaldescription of the boundaries of the Property by metes and bounds or other appropriate legal description; and (iv) meeting the criteria of Colorado Revised Statute 38-51-102(9), as amended, for an lmprovement Survey Plat. 7. Execution of a Final Affidavit and Agreement indemnifying the Company against unfiled mechanic's and materialmen's liens. This page is only a paft of a 2016 ALTA@ Commitment for Titte lnsurance issued by Commonwealth Land Title Insurance. This Commitment is not valict withoui the Notice; the commitmenf fo /ssue Policy; the commitment Conditions; schedule A; Schedule B, Paft l-Requirements; and Schedule B, Part tt-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. itment for Title lnsurance 8-1-16 Copyright 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. I stRrcAN LANLT TI I tI -&-F ALTA Comm Coffi trllB rlTr: tilJurlil€t oortF*ilY SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records 3. Discrepancies, conflicts in boundary lines, shortage of area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attached, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part l-Requirements are met. Note: This Exception will be deleted on the final policy if Commonwealth Title Company of Garfield County, lnc. closes the proposed transaction and records the applicable instruments of conveyance. 6. Any and all unpaid taxes, assessments and unredeemed tax sales 7 . Any lien or charge on account of the inclusion of subject property in an improvement district. 8.Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded on November 8, 1939 as lnstrument#137459 in the official records 10. Reservation of mineral rights more fully described in Deed recorded on November4, 1959 in Book 321, Page 334 in the official records and any and all interests therein or assignments thereof. 11. Reservationof minei"alrightsmorefullydescribedinDeedrecordedonJuly24,196l inBook335,Page 282 in the official records and any and all interests therein or assignments thereof. 12. Reservation of mineral rights more fully described in Deed recorded on January 14, 1966 in Book 372, Page 389 in the official records and any and all interests therein or assignments thereof. This page is only a part of a 2016 ALTA@ Commitment for Title Insurance issued by Commonwealth Land Titte lnsurance. This Commitmont is not valid without the Notice; the Commitmenf to /ssue Policy; the Commitment Conditions; Schedule A; Schedule B, part !-Requirements; and .Schec/u/e B, Part ll-Exceptions; and a caunter-signature by the Company or its issuing agant that may ba in electronic form. ALTA Commitment for Title lnsurance 8-1-16 Copyright 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. E {^1 ![!c^N rAND Til tt * (3 Commonuuealth LJIllD rlTrl lllsur*t€a c€"flFlttv 13. Covenants, conditions, restrictions and all matters set forth in Declaration recorded on January 26, 1977 in Book 492, Page 894 in the official records as amended in instruments recorded on March 21, 1979 in Book 524, Page 932 in the official records on November 23,2009 as lnstrumenl#778121 in the official records in Book 1348, Page 263 in the official records 14. Terms and conditions of the Articles of lncorporation for the Oak Meadows Homeowner's Association recorded in Book 501, Page 810 in the official records 15. Terms and conditions set forth in Agreement recorded on August 1 '1 , 1995 in Book 950, Page 56 in the official records 16. Terms and conditions set forth in Agreement recorded on August 1 I , 1995 in Book 950, Page 90 in the official records '17. Terms and conditions of the articles of organization of incorporation of Oak Meadows Service Company recorded on August 18, 1995 in Book 950, Page 530 in the official records 18. Covenants, conditions, restrictions and all matters set forth in Declaration recorded on July 17, 2000 in Book 1 197, Page 602 in the official records as amended in instrument recorded on November 22, 1996 in Book 1000, Page 650 in the official records 19. TermsandconditionssetforthinAgreementrecordedonFebruarylS,2002 inBook1329,Page929in the official records 20. Easement and right of way as described in document recorded on March 13, 2001 in Book 1237 , Page 250 in the official records 21 . Easement and right of way as described in document recorded on January 26, 1977 as lnstrument #276561in the official records 22. Terms and conditions of Specific Declaration recorded on May 2, 1978 as lnstrument #285202 in the official records 23. GarfieldCountyResolutionrecordedonNovember2l,1995inBook959,Page166intheofficial records Resolution recorded on August 13, 2008 as lnstrument#754011 in the official records and in instrument recorded on August 11,2009 as lnstrument#773110 in the official records and in instrument recorded on June 22,2010 as lnstrument#787581 in the official records and in instrument recorded as lnstrument #837610 in the official records and in instrument recorded on July 21,2015 as lnstrument #865682 in the official records and in instrument recorded on July 6, 2016 as lnstrumenl#879290 and in instrument recorded on August 7,2017 as lnstrument #895833 in the official records and in instrument recorded on August 6, 2019 as lnstrument#923774 in the official records and in instrument recorded on July 8, 2011 as lnstrument #804937 in the official records 24. Any question, dispute or adverse claims as to any loss or gain as a result of any change in the river bed location by other than natural causes, or alteration through accretion, reliction, erosion or avulsion of the center thread, bank, channel or flow of waters in Four Mile Creek lying within subject land; and any questions as to the location of such center thread, bed, bank or channel as a legal description monument or marker for purposes of describing or locating subject lands. This page is onty a part of a 2016 ALTA@ Commitment for Title lnsurance issued by Commonwealth Land Title lnsurance. This Commitment is not valid withoui the Notice; the Commitment fo /ssue Poticy; the Commitment Conditions; Schedule A; Schedule B, Paft l-Requirements; and Schedule B, Paft tt-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 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. ALTA Commitment for Title lnsurance 8-1-16 - .{MlRrcAN tAND Tl I lt AlloclAttoN -FaF* (.l Co,M tlilD rnLC til$J.lrllc: gafit*il" 25. Easements, rights of way and all other matter recorded on May 7,2002 as lnstrument #602927 in the official records and recorded on July 7,2005 as lnstrumentffi77734 in the official records 26. Terms, conditions and all matters set forth in Site Specific Development Plan, Vested Property Rights Agreement and Subdivision lmprovements Agreement recorded on July 7, 2005 in Book 1704, Page 723 in the official records 27. Terms, conditions and all matters set forth in Resolution recorded as lnstrumenl#970624 in the official records This page is only a paft of a 2016 ALTA@ Commitment for Title lnsurance r.s.suec/ lry Commonwealth Lanct Title lnsurance. This Commitment is not valid without the Notice; the Commitmenf fo /ssue Policy; the Commitment Conditions; Schedule A; Schedute B, part !-Requirements; and Schedule B, Part ll-Exceptions; and a counter-signature hy the Company or its issuing agent that may be in electronic form. ALTA Commitment for Title lnsurance 8-1-16 i Copyright 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 -l-itle Association. I 4r!E!!q^I.' tAND TITTT * Commffi t llB rlTlt l$!rJ*rr{gt e?rFrf,? EXHIBIT A Property Description lssuing Office File No.: 2020-03-67 A parcelof land located in Section 15, Township 7 South, Range 89 West of the Sixth Principal Meridian being more particularly described as follows: Beginning at a point on the boundary of Oak Meadows Ranch Filing No. 4 recorded at Reception No. 276561 in Garfield County Clerk and Recorders Office, whence the Southwest corner of Section 15 bears South 02"59'12" West a distance of 2295.61feet; whence the South quarter corner of said Section bears South 89'44'38" East a distance of 2624.04 feet; said bearing being the basis of bearing; thence along the boundary of said Oak Meadows Ranch Filing No. 4 the following 2 courses: 1) North 00'41'27" East a distance of 1325.86 feet; 2) South 89'18'33" East a distance of 1118.99 feet; to a point on the boundary of the Roaring Fork School District RE-1 Parcel as described in the Special Warranty Deed recorded in Book 1575 alPage274; thence along said school parcel boundary the following three courses: 1) South 00'01'02" West a distance of 438.63 feet; 2) South 89"17'31" East a distance of 453.93 feet; 3) Along the arc of a non tangent curve to the right 178.00 feet, having a radius of 376.96 feet, a central angle of 27'03'19", and the chord bears North 41"07'01" East a distance of 176.35 feet; To a point on the Westerly right of way of Oak Way North as described on the plat of Oak Meadows Ranch Filing No. 4 recorded under Reception No. 276561 in the Garfield County Clerk and Recorders Office; thence along said right of way the following three courses: 1) Along the arc of a non tangent curve to the left 446.02 feet, having a radius of 276.96 feet, a central angle of 92"16'13", and the chord bears South 08'21'1 9" West a distance of 399.36 feet; 2) Along the arc of a tangent curve to the right 137.23 feet, having a radius of 445.13 feet, a central angle of 17"39'49", and the chord bears South 28'56'53" East a distance of 1 36.69 feet; 3) South 20'07'02" East a distance of 484.06 feet; to a point on the Northerly boundary of Oak Meadows Ranch Filing No. 48, Phase ll recorded under Reception No.677734; thence along said Northerly boundary the following seventeen courses: 1) Along the arc of a non tangent curve to the right 20.41 feet, having a radius of 50.00 feet, a central angle of 23"23'04", and the chord bears North 60'24'39" West a distance of 20.27 feet, 2) Along the arc of a tangent curve to the left 81 .65 feet, having a radius of 100.00 feet, a central angle of 46"46'46", and the chord bears North 72"06'30" West a distance of 79.40 feet, to a point; 3) Along the arc of a tangent curve to the right 27 .55 feet, having a radius of 20.00 feet, a central angle of 78"55'19", and the chord bears North 56"02'13" West a distance of 25.42 feel 4) North 16"34'34" West a distance of 5.50 feet; 5) South 73"25'26" West a distance of 50.00 feet; 6) South 16"34'34" East a distance of 33.16 feet; 7) Along the arc of a non tangent curve to the right 81.87 feet; having a radius of 135.00 feet, a central angle of 34"44'46", and the chord bears North 86"57'37" West a distance of 80.62 feet, 8) North 69'35''14" West a distance of 4'1.85 feet; 9) Along the arc of a tangent curve to the right 66.14 feet having a radius of 285.00 feet, a central angle of 13"17'47", and the chord bears North 62'56'21" West a distance of 65.99 feet; 10) North 56"17'27" West a distance of 3.93 feet; 11) Along the arc of a tangent curve to the left 69.43 feet, having a radius of 165.00 feet, a central angle of 24'06'39", and the chord bears North 68'20'46" West a distance of 68.92 feet; 12) North 80'24'06" West a distance of 17.51 feet; This page is onty a paft of a 201 6 ALTA@ Commitment for Title tnsurance issued by Commonwealth Land Title lnsurance. This Commitment is not vatid without the Notice; the Commitment to tssue Policy; the Commitment Conditions; Schedule A; Schedule B, Part l-Requirements; and Schedule B, Part tt-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. ALTA Commitment for Title lnsurance 8-1-16 Copyright American Land Title Association. All rights reserved' The use of this Form (or any derivative thereoD 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.- .{M!lucAN ll*:,ltliffi Coffi trnlr rlTlt li'IruAief clErliflilT 13) Along the arc of a tangent curve to the left 81 .37 feet, having a radius of 315.00 feet, a central angle of 14'48'02", and the chord bears North 87"48'07" West a distance of 81.14 feet; 14) South 84"47'52" West a distance of 107.77 feet; 15) Along the arc of a tanget curve to the left 61 .29 feet, having a radius of 465.00 feet, a central angle of 07"33'08", and the chord bears South 81'01'18" West a distance of 61.25 feet; 16) South 77"14'45" West a distance of 62.22feet; 17) South 00'41'27" West a distance of 102.82 feet; To a point on the boundary of said Oak Meadows Ranch Filing No. 4 recorded under Reception No. 276561 in the Garfield County Clerk and Recorders Office; thence along the boundary of said Oak Meadows Ranch Filing No. 4 North 89"18'33" West a distance of 1 151 .12 feet to the True Point of Beginning. This page is only a part of a 2016 ALTA@ Commitment for Title lnsurance issued by Commonwealth Land Title lnsurance. This Commitment is not valid without the Notice; the Commitmenf fo /ssue Policy; the Commitment Conditions; Schedule A; Schedule B, Paft !-Requirements; and Schedule B, Paft ll-Exceptions; and a counter-signature by the Company or its issuing agent that may be in etectronic form. ALTA Commitment for Title lnsurance 8-'l-16 Copyright 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. I AMTRICAN rTxnTrm * II OPERATING AGREEMENT OF oAK MEADOWS, FILING 4, PHASE 3 LLC A Colorado Limited Liability Company THIS OPERATING AGREEMENT OF Oak Meadows, Filing4, Phase 3 LLC, a Colorado limited liability company (the "Companv"), is entered into and shall be effective as of January 1,2022,by and among the Company and Gary M. Johnson ("Johnson') as the Company's sole Managing Member, and Johnson as Mernber, and Equity Trust Company Custodian FBO Scott Badger IRA 50% Undivided Interest ("Egi$-Trus!'). Capitalized terms in this Agreement are defined in Article II or otherwise in the text hereof. WHEREAS, on March 19,2021, the Company's organizer organized the Company as a Colorado limited liability company under the narne"Oak Meadows, Filing 4, Phase 3 LLe pursuant to the Act; WHEREAS, Johnson and Equity Trust are the sole Members of the Compann and by this Agreement, hereby appoint Johnson as the Company's Managing Member; and WHEREAS, the Members previously jointly purchased certain real property legally described on Exhibit A attached hereto (the "PrqIggS'), which Property was previously titled in Johnson's name for ccnvenience; WHEREAS, Johnson previously conhibuted funds in the amount of $109,183.32 in connection with such purchasg and Equity Trust previously conhibuted firnds in the amount of $312,000.00 in connection with such purchase; WHEREAS, the Mernbers desire to provide for the re-titling of the Properly in the Company's name, and to confirm and agree that each Member shall receive a fifty percent (50% )Membership Interest in the Company in consideration of each Member's prior contribution of cash to the purchase of the Property NOW THEREFORE, in consideration of the foregoing recitals (which are incorporated herein by this reference), the covenants and provisions contained herein, and other good and valuable consideration, the receipt and adequacy of which are acknowledged by the undersigned, the undersigned agrees as follows: ARTICLE I FORMATION I . I Organization. On March 19, 2021 , the Company's organizer organized the Company as a Colorado limited liability company under the name "Oak Meadows, Filing 4, Phase 3 LLC, pursuant to the Act. 1.2 Agreemenf Effect of Inconsistencies with Act. For and in consideration of the mutual covenants herein and for other good and valuable consideration, the receipt and sufficiency of rvhich are hereby acknowledged, the Members and the Company hereby agree to the terms and 54354714.1 conditions of this Agreement. It is the express intention of the parties executing this Agreement that this Agreement shall be the sole source of agreement of the parties, and, except to the extent a provision of this Agreement expressly incorporates federal income tax rules by reference to sections of the Code or regulations thereunder or is expressly prohibited or ineffective under the Act, this Agreement shall govern, even when inconsistent with, or different than, the provisions of the Act or any other law or rule. To the extent any provision of this Agreernent is prohibited or ineffective under the Acl this Agreement shall be considered amended to the smallest degree possible in order to make the Agreement effective under thc Act. In the event thc Act is subsequently amended or interpreted in such a way to make any provision of this Agreement that was formerly invalid valid, such provision shall be considered to be valid from the effective date of such interpretation or amendment. The Members shall be entitled to rely on the provisions of this Agreement, and the Members shall not be liable to the Company for any action or refusal to act taken in good faith reliance on the terms of this Agreement. The Members and the Company hereby agree that the duties and obligations imposed on the Members shall be those set forth in this Agreement, which is intended to govem the relationship between the Company and the Members, notrvithstanding any provision of the Act or common law to the conhary. 1.3 Name. The name of the Company is Oak Meadows, Filing 4, Phase 3 LLC, a Colorado limited liability company, and all business of the Company shall be conducted under that name or under any other name, but in any case, only to the extent permitted by applicable law. 1.4 Term. The Company shall remain in existence until the Company is dissolved and its affairs wound up in accordance with the Act or this Agreement. 1.5 Reeistered AFent and Office. The registered agent for the service of process and the registered office shall be reflected in the Articles as filed in the office of the Colorado Secretary of State. The Managing Membermay, from time to time change the registered agent or office through appropriate filings with the Colorado Secretary of State. In the event the registered agent ceases to act as such for any reason or the registered office shall change, the Managing Member shall promptly designate a replacement registered agent of file a notice of change of address as the case may be. 1.6 Principal Office. The principal office of the Company shall be located at23272Two Rivers Road, Suite 102, Basalt, Colorado 81621, or such other place as may be identified by the Managing Member from time to time. ARTICLE II DEFINITIONS For purposes of this Agreernent, unless the context clearly indicates otherwise, the following terms shall have the following meanings: 2.1 Act. "Act" shall mean the provisions of the Colorado Limited Liability Company Act, C.R.S. Section 7-80-201, et seq., as amended from time to time. 1 54354? I 4. I 2.2 Additional Member. "$g!{tiggl!!embe!" shall mean a Member other than Johnson or Equity Trust who has acquired a Membership Interest of the Company. 2.3 Admission (.Admit). nAdmission (Admit)" shall mean the act of becoming a Member and obtaining the rights appurtenant to a Membership Interest. 2.4 Aereement. "Agreement" shall mean this Operating Agreement, including all amendments adopted in accordance with this Operating Agreement and the AcL 2.5 Articles. "1!gful6n shall mean theArtisles of Organization of the Company as properly adopted and amended from time to time by the Members and filed with the Secretary of State of Colorado. 2.6 Capilal.eonfihution and Contribution. "Cgp[!gl-.1Co41h|bution" and "ee[Hbutio.g" shall mean any conhibution or conhibution of cash, goods or services made by or on behalf of a new or existing Member to the Company with the approval of the Company. 2.7 Code. nCoden shall mean the Intemal Revenue Code of 1986, as amended from time to time. 2.8Commitment.''@!''shallmeantheobligationofaMembertomakea Capital Conhibution in the future. 2.9 Cpmpan)'. "eonopanlr" shall mean Oak Meadows, Filing 4, Phase 3 LLC, a limited liability company formed under the laws of the State of Colorado. 2.10 Disposition. "D!SBsi!!q,(DjsBS)" shallmean any sale, assignment, hansfer, exchange, mortgage, pledge, grant, hlpothecation, or other transfer, absolute or as security or encumbrance (including dispositions by operation of law). 2.1I lnitial Contribution. "lgitig!-.1Cog1[i!g1!fu" shall mean the initial Conhibution made by the Members as described in the third recital hereof. 2.12 Managine Member. "Managing Member" shall mean Johnson, or his successor as a Managing Member from timeto time, ofthe Company. 2.13 Member. uMember' shall mean Johnson, Equity Trust, and their respective transferees, or any Additional Member or Substituted Mernber, and who has the right to share in the Company's profits, losses and distributions and the right to participate in the management of the Company. 2.14 Membership Interest. "!v!ern@bip-ln.!gtgs!" shall mean all ofthe rights of a Member including the right to share in the Company's profits, losses and dishibutions and the right to participate in the managernent of the Company, which shall be expressed in the form of "Units", and may be evidenced by written certificates issued by the Company to the holder thereof. 3 541s47t4 t 2.15 Percentage Interest. As to any Member, the term "&regrrllggeln]lel9gt" shall be the percentage shown in Article V below opposite the Member's name which shall be based upon the total number of Unis owned by such Member, divided by the total number of issued and outstanding Units issued to all of the Company's Members from time to time and, as to any transferee, substituted or Additional Member, the Percentage lnterest acquired by him, her or it upon becoming a Member, as the same may be adjusted from time to time to reflect transfers of Membership Interests or the admission of Additional Members. 2.16 Person. rr!@n shall mean an individual, tnrst, estate, general partnership, limited partnership, limited liability corporatiorq joint venture, business trust or other type of incorporated or unincorporated business organization. 2.17 Proceedins. "Proceedinsn shall mean any judicial or administrative trial, hearing or other activity, civil or criminal investigation, the result ofwhich may be that a court, arbitrator, or govemmental agency may enter a judgment, order, decree, or other determination which, if not appealed and reversed, would be binding upon the Company, a Member or other Person subject to the jurisdiction of such court, arbitrator, or governmental agency. 2.1 8 Substituted Member. ".S!b51!!tu!gg!.!!g!9g'' shall mean any person admitted to the Company as a Mernber and who acquires its Membership Interest by Transfer from another person, 2.19 Transfer and Transfened. "@[" and "Transfened" shall mean the passage of a legal or equitable interest in a Membership Interest pursuant to a sale, exchange, gift, assignment, pledge, foreclosure or other conveyanoe, disposition or encumbrance, and including without limitation the passage of a legal or equitable interest in the Company by judicial order, bequest, devise, intestate succession or other operation of law. 2.20 Transferee. "II4!g@" shall mean any person who receives a Membership Interest from a Memher. 2.21 Transferor. "Transferor"'shall mean a Member or Transferee who Transfers, or who proposes to Transfer, all or any portion of its Membership Interest. ARTICLE III NATURE OF BUSINESS 3.1 Business Purnose. Notwithstanding any provision hereofor of any other document goveming the formation, management or operation of the Company to the contrary, the nature of the business and of the purposes to be conducted and promoted by the Company are the following activities: (a) The acceptance of Member Johnson's conveyance of the Property to the Company, and the Company's holding and ownership of the Propefi; 4 54354714 I O) The subdivision, redevelopment, use, operation, financing refinancing, leasing, and resale of all or portions of the Property; and (c) To exercise all powers enumerated in the Act incidental, necessary or appropriate to the conduct, promotion or attainment of the business or purposes othenrise set forth herein. The Company exists only for the purpose specified in this Article, and may not conduct .any otherbusiness without the consent of the Members. The authorif granted to the Members heieunder to bind the Company shall be limited to actions necessary or convenient to the foregoing business purpo ses, ARTICLE IV ACCOT'NTING AND RECORDS 4.1 Accountine and Records. The Managing Member shall maintain the following records at the Company's principal office: (a) The full name and business address of the Member; (b) A copy of the Articles and all amendments thereto; (c) Copies of the Company's federal, foreign, state and local income tax returns and reports, if any, for the three most recent years; (d) Copies of this Agreement, including all amendments thereto; (e) If not set forth in this Agreement, a writing or other data compilation from which information can be obtained through retrieval devices into reasonably usable form setting forth the amount of cash and a description and statement of the agreed value of the other property or services contributed by a Member and/or which a Mernber has agreed to contribute; and (0 Any right of the Members to receive, or of the Company to make, distributions to the Memberswhich inilude a retum of all or any part of a Member's Capital Contribution or distributions in kind. ARTICLE V NAME AND ADDRESS OF MEMBERS The name, address and Percentage lnterest of the Member are as follows: PERCENTAGE INTEREST NAME ADDRESS 50%320 Big Pinon Drive Basalt, Colorado 81621 54354?14.1 Gary M.Johnson 5 ,/ :. 50o/o Equity Trust Cornpany custodian fbo Scott Badger IRA 50% Undivided Interest ARTICLE VI RIGHTS AND DUTIES OF MANAGING MEMBER 6.1 Manaeement Rights. Except as otherwise cxpressly provided for herein, alt management of the Company shall be vested in the Managing Member and all decisions conceming the business affairs of the Company shall be made by the Managing Member. 6.2 Authoritv of Manaeine Member to Bind the Company. The Managing Member has the power, on behalf of the Company, to do all things necessary or convenient to carry out the business and affairs of the Company, including, without limitation: (a) The institution, prosecution and defense of any Proceeding in the company,s name; (b) (c) The purchase, receipt, lease or other acquisition, ownership, holding, improvement, use and other dealing with the Property; The sale, conveyance, mortgage, pledge, lease, exchange, and other disposition of the Propedy, or the Company's assets; The entering into contracts and guaranties, incurring of liabilities, bonowing of money, issuance of notes, bonds, and other obligations, and the securing of any of its obligations by mortgage or pledge of the property or any income ielated- thereto; (d) (e)The lending of money, investment and reinvestment of the company's funds, and receipt and holding of the Property as security for repayment, including, without limitation, the loaning of money to, the Members, officers, employeesfand agents; (0 The conduct of the company's business, the establishment of company office, and the exercise of the powers of the Company within and without Colorado; (g) The appointment of agents and hiring of employees and conFactors of the Company, the defining of their duties, and the establishment of their compensation; (h) Any other act that furthers the business and affairs of the Company; (i) The payment of compensation to the Members and agents, contractors employees on account of services rendered to the Company, whether or not an agreement to pay such compensation was made before such services w€re rendered; 6 s4t54?t4 t (i} The purchase of insurance for the benefit of the Company and for liability and other insurance to protect the Property; (k) The participation in partnership and limited liability company agreements, joint ventures, or other associations of any kind with any Person or Persons; 0)The indemnification of the Members, the Managing Member or any other Person; and (m) The entering into of any and all agreements on behalf of the Company with any other Person. 6.2 Actions of the Manaeine Member. The Managing Member has the power to bind the Company as provided in this Article VI. The actions of the Managing Member, including without limitation the exercise of the acts authorized in this Article VI, shall bind the Company, and no Person dealing with the Company shall have any obligation to inquire into the power or authority of the Managing Member acting on behalf of the Company. 6.3 Comoensation of Manaeing Membeg. The Managing Member shall be reimbursed for all reasonable expenses incurred in rnanaging the Company and shall be entitled to reasonable compensation therefor, in an amount to be determined from time to time by the Managing Mernber. 6.4 Manasins Member's Standard of Care. The Managing Member's duty of care in the discharge of the Managing Member's duties to the Company is limited to refraining from engaging in grossly negligent or reckless conduct, intentional misconduct, or knowing violation of law. In discharging its duties, the Managing Member shall be fully protected in relying in good faith upon the records required to be maintained under Article tV of this Agreement and upon such information, opinions, reports or statements by any of its agents, or by any other Person, as to matters the Managing Mernber reasonably believes are within such other Person's professional or expert competence and who has been selected with reasonable care by or on behalf of the Company, including information, opinions, reports or statements as to the value and amount of the assets, liabilities, profits or losses of the Company or any other facts pertinent to the amount of assets from which distributions to the Managing Member might properly be paid. ARTICLE VII CONTRIBUTIONS 7.1 Initial Contributions: Additional Capital Contributions o . Each Member has made an Initial Conkibution to the Company as provided for in the recitals hereof. No interest shall accrue on any Contribution and the Members shall not have the right to withdraw orbe repaid any Contribution except as provided in this Agreement. From and after the date hereof, (a) Equity Trust shall not be under any obligation to make further Capital Contributions to the Company; and (b) Johnson may make additional Capital Contributions to the Company from time to time in furtherance of the Company's business, provided Johnson's making of such 7 54354714.1 additional Capital Contributions shall not result in any changes to the Members' respective Percentage Interests. ARTICLE VIII DISTRIBUTIONS 8.1 PiglfibUtions. Except as provided in Section 10.3, the Company shall make distributions as determined by the Managing Member from time to time to the Members as follows: First, pro rata to each Member until each Member has received a return equal to the total of all of such Member's contributions of Capital to the Company, including each Member's Initial; Capital Contribution as provided for herein, together with any additional Capital Contributions ofJohnson as provided for in Section 7.1(b) hereof; and Second, to each Member in proportion to their respective Percentage lntqrests in accordance with this Agreement. 8.2 Limitations on Distributions. No dishibution shall be declared and paid unless, after the dishibution is made, the assets ofthe Company are in excess of all liabilities of the Company. ARTICLE IX TAXES 9.1 Elections. The Managing Member may make any tax elections for the Company allowed under the Code or the tax laws of any state or other jurisdiction having taxing jurisdiction over the Company. 9.2 M.e.$"rgd of Aegountilg. The records of the Company shall be maintained on the same method of accounting as that of the Members. 9.3 Partnership Representative. The Managing Member shall have sole discretion to designate the Partnership Representative within the meaning of Section 6223 of the Code modified by the Bipartisan Budget Act of 2015, as amended (and any comparable provisions of state or local tax law) (the "E4!")) (the "Partnership Represent ). The Partnership Representative shall consult with the Members and obtain the Members' consent (not to be urueasonably withheld, contlitioned or delayed) before taking any binding action with respect to any tal( matters that either (A) could reasonably be expected to adversely impact the Member or (B) is material and made pursuant to tax audit provisions of the BB Act (other than an election to apply Sections 6226 of the Code to the Cornpany). In the event the Company incurs any liability for taxes, interest or penalties pursuant to the BB Act (A) the Mernbers (including any former Member, it being understood that this Section 9.3 shall survive the Fansfer by any Member of its Mernbership Interest) shall pay the amount attributable to such Member (or former Member) as determined in good faith by the Managing Member, and such payment shall not be treated as a Capital Conhibution hereunder for any purpose; (B) any amount not paid within thirty (30) days following request from the Managing Member shall accrue interest at the rate of ten percent 543547r4.1 (10%) per annum, compounded quarterly, until paid, and -such Member (or former Member) shall atso te tiutte to the Company foiany damages resulting from a delay in making such payment beyond the date such payment is requested by the Partnership Representative (for this purpose thi fact that the Company could have paid this amount with other funds shall not be taken into account in determining such damages); (C) without reduction in the Member's (or former Member's) obligation-under clauses (A) or (B) of this Section 9.3, any amount paid by the Company ihat is-attributable to the Member (or formerlvlembgr), as determined by the Managing Mem'b"ri., its good faith discretion, and that is not paid by such Member pursuant to clauses (A) or (B) of this Siction 9.3, shall be tieated as a disni-bution to such Member (or former Member) linctuOing for purposes of rnaintaining Capital Accounts), and the Company may deduct from, and set ofroguinst, any distribution or other amount otherwise due or payable to the Member (or former Member) by the Company pursuant to this Agreement or otherwise, the payment obligations of such Member (or iormer Member) under clauses (A) or (B) of this Section 9.3. 9.4 Opt-Out of BBA Act Provisions. On annual basis, and pursuant to Ate provisions of Section 6ZZ(U) of the ngA Act, the Partnership Representative may provide for the Company's election out oiihe centralized audit regime provisions of the BBA Act. Any such election shall be made by the Partnership Representative it the time of, and in connection witlU the Company's filing of its federal income tax return. ARTICLE X DISSOLUTION AI\ID WINDING UP l0.l Dissolution. The Company shall be dissolved and its affairs wound up upon the occurrence of any of the following events: (a) By the approval of the Members; or (b) Entry of a judicial dissolution pursuant to court order' 10.2 Effect of Dissolutjon. Upon dissolution, the Company shall cease carryingon business and shall 14,ind up its uf"irr. The Company shall not be terminated until the winding up of its affairs is completed and a certificate of dissolution has been issued by the Secretary of State of Colorado. 10.3 Distribution of Assets on Dissolution. Upon the winding up of the Company, the Company's ur*tr rtrutt Ur Oistributed to creditors, including a Member if it is a creditor, to the J"ni permitted by law, in satisfaction of Cornpany liabilities, and thereafter, to the Members in proporiion to theiiPercentage Interests. Such distributions shall be in cash or property or partly in both, as determined by the Managing Member. 10.4 Windine Up and Certificate of Dissolution. The winding up of the Company shall be completed *tt*tf fuUtq liubilities, and obligations of the Company have been paid and discharged or reasonably adequate provision therefor has been made, and all of the rernaining p.der# and assets of the Company havebeen distributed to the Members. Upon the cornpletion of *inding up of the Company, a statement of dissolution shall be delivered to the Colorado 9 543547t4 I Secretary of State for filing. The statement of dissolution shall set forth the information required by the Act. ARTICLE XI AMENDMENT OF AGREEMENT This Agreement may be amended or modified from time to time only by a written instrument adopted by the Members, the Managing Mcmber, and the Companyand executed by the Members, the Managing Member, and the Company. No Member shail have any vested rights in this Agreement which may not be modified through an amendment to this Agreement. ARTICLE XII MISCELLAIYEOUS PROVISTONS , l2.l EnJire AFreement. This Agreement represents the entire agreernent among the Members and the Company. 12.2 Application of colorado Law. This Agreement, and the application and interpretation hereof;, shall be governed exclusively by its terms and by the law of the State of Colorado, and specifically the Act. l2'3 Conshruction. Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural and vice versa, and the masculine gender shall include the feminine and neuter genders and vice versa. 12.4 Effect of Inconsistencies with thg-Act. It is the express intention of the Members, the Managing Member, and the Company that this Agreement shall be the sole source of agreement among them, and, except to the extent that a provision of this Agreement expressly incorporates federal income tax rules by reference to sections of the Code or Regulations or is i*pr.ssiy prohibited or ineffective under the Act, this Agreement shall govem, even when inconsistent with, or different than, the provisions of the Act or any other law or rule. In the event that the Act is subsequently amended or interpreted in such a way to make valid any provision of this Agreement that was formerly invalid, such provision shall be considered to be valid from the effective date of such interpretation or amendment. The Members, the Managing Member, and the Company hereby agree that the duties and obligations imposed on the Uembirs and the Managrng Member as sush shall be those set forth in this Agreement, which is intended to govem the rslationship among thc Company, the Managing Member, and the Members, notwithstanding any provision of the Act or common law to the contrary. 12.5 Severabilitv. If any provision of this Agreement or the application thereof to any person or circumstance shall be invalid, illegal or unenforceable to any exteni, the remaindei of this Agreement and the application thereof shall not be affected and shall be enforceable to the fullesi extent permitted by law. Withoui iimiting the generality of the foregoing sentence, to the extent that any provision of this Agreement is prohibited or ineffective under the Act or common law, this Agreement shall be considered amended to the smallest degree possible in ordEr to make the Agreement effective under the Act or common law. 543547t4.t l0 12.6 Heirs. Successors and Assiens. Each and all of the covenants, terms, provisions and agreements herein contained shall be binding upon and inure to the benefit of the parties hereto and, to the extent permitted by this Agreernent, their respective heirs, legal representatives, successors and assigns. 12.7 Creditors. None of the provisions of this Agreement shall be for the benefit of or enforceable by any creditors of the Company. IN WITNESS WHEREOF, this Agreement has been executed effective as of January l, )^J) The undersigned hereby agree, acknowledge and certiff that the foregoing Agreement, consisting of l3 pages, including the attached Schedule A, constitutes the Agreernent of Oak Meadows, Filing4, Phase 3LLC. COMPANY: OAK aCo FILTNG 4, PHASE 3 LLC, liability company By: By: Gary J Managing Member M M.J Mem EQUrry TRUST COMPAIIY CUSTODIAN FBO SCOTT BADGER 50% I.JNDIVIDED INTEREST Badger, its 54354714 I II EXI{IBIT A (Legal Description of Property) A parcel of land located in Section 15, Township 7 South, Range 89 West of the Sixth Principal Meridian being more particularly described as follorvs: Beginning at a point on the boundary of Oak Meadows Ranch Filing No. 4 recorded at Reception No. 276561 in Garfield County Clerk and Recorders Office; whence the Southwest comer of Section I 5 bears South 02o59'l 2" West a distance of 2295.61 feet; whence the South quarter corner of said Section bears South 89o44'38u East a distance of 2624.04 feet; said bearing being the basis of bearing; thence along the boundary of said Oak Meadows Ranch Filing No. 4 the following 2 courses: l) North 00"41'27u East a distance of 1325.86 feet; 2) South 89o18'33u East a distance of I I 18.99 feet; to a point on the boundary of the Roaring Fork School Dishict RE-l Parcel as described in the Special Wananty Deed recorded in Book 1575 at Page274; thence along said school parcel boundary the following three courses: l) South 00001'02n West a distance of 438.63 feet; 2) South 89o17'31n East a distance of 453.93 feet; 3) Along the arc of a non tangent curve to the right 178.00 feet, having a radius of 376.96 feet, a central angle of 27o03'19n, and the chord bears North 41"0701' East a distance of 176.35 feet; To a point on the Westerly right of way of Oak Way North as described on the plat of Oak Meadows Ranch Filing No. 4 recorded under Reception No. 276561 in the Garfield County Clerk and Recorders Office; thence along said right of way the following three courses: l) Along the are of a non tangent curve to the left 446.02 feet, having a radius of 276.96 feet, a central angle of 92o16'13u, and the chord bears South 08o21'19" West a distance of 399.36 feet; 2) Along the arc of a tangent surve to the right 137.23 feet, having a radius of 445.13 feet, a central angle of 17o39'49", and the chord bears South 28o56'53" East a distance of 136.69 feet; 3) South 2A"07'02" East a distanse of 484.06 feet; to a point on the Northerly boundary of Oak Meadows Ranch Filing No. 48, Phase II recorded under Reception No. 677734; thence along said Northerly boundary the following seventeen courses: l) Along the arc of a non tangent curve to the right 20.41 feet, having a radius of 50.00 feet, a csntral angle of 23o23'04u, and the chord bears North 602439" West a distance of 20.27 feet; 2) Along the arc of a tangent curve to the left 81.65 feet, having a radius of 100.00 feet, a central angle of 46o4646", and the chord bears North 72o06'30" West a distance of ?9.40 feet, to a point; 3) Along the arc of a tangent curve to the right 27.55 feet having a radius of 20.00 feet, a cenhal angle of 78o55'19u, and the chord bears North 56o02'i3" West a disiance of 25.42 feet 4) North 16a34'34u West a distance of 5.50 feet; 5) Souttr 73"25'26" West a distance of 50.00 feet; 6) South 16034'34" East a distance of33.l6 feet; 543547t4. I t2 7) Along the arc of a non tangent curve to the right 81.87 feet; having a radius of 135.00 feet, a central angle of 34o44'46", and the chord bears North 86"57'37" West a distance of 80.62 feet; 8) North 69"35'14" West a distance of 41.85 feet; 9) Along the arc of a tangent curve to the right 66.14 feet having a radius of 285.00 feet, a centrat angle of l3ol7'47" , and the chord bears North 62056'2 I " West a distance of 65.99 feet; l0) North 56"17'27'West a distance of 3.93 feet; I I ) Along the arc of a tangent curve to the left 69.43 feet, having a radius of I 65.00 feet, a central angle of 24"06'39u, and the chord bears North 68'2046" West a distance of 68.92 feet; I 2) North 80"24'06u West a distance of I 7.51 feet; l3) Along the arc of a tangent curve to the left 81.37 feet, having a radius of 315.00 feet, a central angle of 14048'02" , and the chord bears North 87o48'07" West a distance of 8 I . l4 feet; 14) South 84o47'52" West a distance of 107.77 feet; l5) Along the arc of a tangent curve to the left 61.29 feet, having a radius of 465.00 feet, a central angle of 07o33'08o, and the chord bears South 8lo0l'18" West a distance of 61.25 feet; 16) South 77"14'45" West a distance of 62.22 feel; l7) South O0o4l'27" West a distance of 102.82 feet; To a point on the boundary of said Oak Meadows Ranch Filing No. 4 recorded under Reception No. 276561 in the Garfield County Clerk and Recorders OfEce; thence along the boundary of said Oak Meadows Ranch Filing No. 4 North 89ol 8'33' West a distance of I I 5 l. I 2 feet to the True Point of Beginning. 541547t4 I I3 969966 0112412A22 02:18:16 PM Page 1 ot 4 Jean Alberico, Garfreld County, Colorado Rec Fee:$28.00 Doc Fee: $0.00 eRecorded BARGAIN AIID SALE DEED AND ASSIGNMENT (Water Rrg&ts) THI$ BARGAIN ANI) SALE DEED is granted as of this l5th day of January, 2022by GARY JOHNSON ("GIau[qI"), whose mailing address is 320 Big Pinon Drive, Basalt, Colorado 81621 to oAK MEADOWS, FILING 4, PHASE 3 LLC, a Colorado limited liability sompany ("Grantee"), rvhose mailing address is 23272 Two Rivers Road. Suite 102. Basalt, Colorado 8162r. Gmntor, for and in consideration of the sum of Ten and noi 100 Dollars ($10.00), and tbr no other consideratiotr, the receipt and sufhciency of which are hereby acknowledged and agreed, heteby grants, bargains, sells, assigns, and conveys unto the Grantee, its suceessors, and assigns forever. all of Grantor's interest in thc following: All of Grantor's right, title, interest, claims, demands, and causes of actions in atrd to all water, water rights, and rights to use w-ater (collectively, "Water Rights") located on. trnder or appurtenant to or rsed on the real property legally described on Exhibit A attached hereto and made a part hereof (the "PrqLe$'), including. but not limited to, twenty-five (25) rvater taps and twcnty-five (25) sewer taps. Together with all ol'Grantor's right. title, and interest in and to or associated with the interests in lands, structures and equipment for the Vy'ater Rights conveyed herein. inciuding, rvitl-urut lirnitation. easenrents or rights of rvay or other rights to use land or $tructures needed or used to divert, deliver. stere, or apply water on the Property (and all rights ncccssary and incidental to said easements) associated with the Water Rights conveyed herein ancl lbr the installation, recottstruction, maintenance! repair, removal or other uses associated, necessary or incidental to operation of the structures for the Water Rights conveyed herein, together rvith all the diversion, storage or water transportation shuchres. including but not limited to, all headgates, ditches, laterals, gated pipe, flumes, reservoirs, reseloir outlet lvotks, water tanlis, wells. well casings, irrigation sprinklers, pumps. pipelines, drainage ditches. or other apputenances used in association with the Water Rights conveyed herein. TO I{AVE AND TO HOI-D the same" together with all and singular the hereditaments and appurtenances thpreto belonging, or in anywise appertaining, and the reversion and reversions. remainder and remainders, rents, issues and profits Lhereof; and all the estate, right, title. interest claim and demand whatsoever of the Grantor, either in larv or equity, of, in and to the above bargained and described vvith Llre appurtenancesr nnto the Grantce, its successors and assigns forever. lN WITNESS \M{EREOF, this Balgain and Sale Deed is executeel by Cirantor on the date first recited above. 54283951 1 969966 Un4E$t202;18:{6 PM Fage ? pf 4 Jean Alberlco, Garfield County, Colotado Rec Fee; $28,00 Doc Fee: $0,00 eRecorded, cot NTvoF J="r,:\p iu*n Tho foregoing insrument was rcktrowlodgcd bolore t, th, -JI day of .1n-. - . 2022, byGaryJohneon. $TATt Of Col.oRADo ) Witncss my hand and official My oomrniesion 2 tirF ti r,E aL1h1C.4 Ynig{5 i{4atr l{tj - !;;t3:J *fsr.:$o ,t'Jist tS 3&l'! .1l31g J,r; C31r"61;rr i;!i trt t$21 !ilt!. 51$3e5t.r 969966 O1l24l2O2202:18:16 PM Page 3 of 4 Jean Alberico, Garfield County, Colorado Rec Fee: $28.00 Doc Fee: $0.00 eRecorded EXI{IBIT A TO BARGAIN AND SALE DEED (Legal Description of Property) A parcel of land located in Section 15, Township 7 South, Range 89 West of the Sirlh Principal Meridian being more particularly described as lollows: Beginning al a point on the boundary of Oak Meadows Ranch Filing No. 4 recorded at Rcception No. 276561 in Garlicld County Clcrk and Recorders Offrce; whence the Southwest correr of Section l5 bears South 02"59'12" West a distance of 2295.61 feet; whence the South quarter comer of said Section bears South 89"44'38" East a distance of 2624.04 feet; said bearing being the basis of bearing; thence along the boundary of said Oak Meadows Ranch Filing No. 4 the following 2 courses: I ) North 00o41'27" East a distance of 1325.86 feet; 2) South 89" I 8'33" East a distance of I I 18.99 feet; to a point on the borurdary of the Roaring F'ork School District RE-l Parcel as described in the Special Warranty Deed recorded in Book 1575 at Page274; thence along said school parcel borurdary the tbllowing thtee courses: l) South 00"01'02" West a distance of 438.63 feet; 2) South 89"17'31" East a distance of 453.93 fect; 3) Along the arc of a non tangent cuwe to the right 178.00 feet. having a radius af 376.96 fbet, a ce,ntral angle of 27o03'19", and the chorcl bears North 41"07'01" East a distance of I 76.35 leet; To a point on the Westerly right cl'way of Oak Way North as described on the plat of Oak Meadows Ranch FilingNo. 4 recorded rurder Reception No. 276561 in the Garfield County Clerk and Recorders Office; thence along said right of way the following three courses: I ) Along the arc of a non tangent curve to the left 446.0? tbet, having a radius of 276.96 I'eet, a central angle of 92" l6'13"o and the chord bears South 08"21 'I9" West a elistance of 399.36 feet; 2) Along the arc of a tangent curve to the right 137.23 feet, having a radius of 445.13 tbet, a central angle of 17"39'49u, and the cliord bears South 28"56'53" East a distance of 136.69 feet; 3) South 20"07'02" East a distance ol'484.06 feet; to a point on the Northerly boundary of Oak Meadows Ranch Filing No. 48, Ptrase Il recorded under Reception No. 677734; thence along said Northerly bourdary the flollowing seventeen courses: l) Along the arc of a non tangcnt curve to the right 20.41 feet. having a radius of 50.00 tbet, a central angle of 23o23'04u, and the chord bears North 60o24'39" West a distance of 20.77 feet: 2) Along the arc of a tangent curve to ihe leil E I .65 feei, having a radius of t 0il.00 fect, a central angle erf 46o46'46u, and the chonl beats North 72n06'30" West a distanee of 79-40 feet, to a point; 1\ A l^-^ rL-* ^-^ ^f ^ r.^--^-r ^-.-.^ r^ .L^ -:-Lr 41 xtr C^^t l-^-,:-- - --l:-.- ^4.an nl.i 1'^^r -J,t /-rturlg rlrE rure rrl a r4lltsEllr r.urvg ru lu(; rrB,Ilt l,/.JJ l\;Eli rravulH al liilJlub uI zv.uu tSEt: i1 central angle of 78o55'19", and the chord bears North 56"02'13" West a distance of 25.42 feet 4) North 16"34'34" West a distance of 5"50 feet; 5) Souilr 73"25'26u West a distance of 50.00 fbet; 6) South 16o34'34" East a distance of 33.16 feet; ,1J42839-i3.1 969966 O1l24l2O22O2:18:16 PM Page 4 of 4 Jean Alberico, Garfield County, Colorado Rec Fee: $28-00 Doc Fee: $0.00 eRecorded 7) Along the arc of a non tangent curve to the right 81.87 feet; having a radius of 135.00 feet" a central angle of 34o44'46" , and the chord bears North 86o57'37" \\rest a distance of 80.52 feet; 8) North 69"35'14u West a distance of 41.85 feet; eiAong the arc of a tzurgent curve to the right 66.14 feet having a radius of 285.00 feet, a central angte of I I "17'47u,and the chord bears North 62"56'21" West a distance of 65.99 feet: l0) North 561.7'27" West a distance of 3.93 feet; I t) Along the arc of a tangent curve to the left 69.43 feet, having a radius of 165.00 feet, a central angle of ?4o06'39u, and the chord bears North 68"20'46" West a distance of 68'92 tbeti l2) Norlh 80"24'06u West a distance of 17.51 fbet; I f i Along the arc of a tangent curve to the left 81.37 feet, having a raditts of 315'00 feet, a central angle of 14"48'02", ancl the chord bears North 87o48'07" West a distance of 8 l ' 14 t-eet; lzt) South 8447'5?" West a distance of 1A7.77 feet; t Si nlong the arc of a tangent curve to the left 61.29 feet, lraving a radius of 465.00 f'eet' a cenbal angle oF07"33'08", and the chord bears South 8lo0l'18" West a distance of 61.25 feet; 16) South 77"14'45u West a distance of 62.22 f'eet; l7) South 00"4L'27" West a distance of 102'82 t'eet; To a point on the bounclary of said Oak Meadows Ranch F'iling No. 4 recorded under Reception No. ZZOS6 t in the Garfield County Clerk and Recorders Office: thence along the bouniary of said Oak Meadows Ranch Filing No.4 North 89o18'33" West a distance of 1151.12 feet to the True Point of Beginning" 4541839_i3.1 969965 011241202202:18:16 PM Page 1 of 6 Jean Alberico, Garfreld County, Colorado Rec Fee: $38.00 Doc Fee: $0.00 eRecorded SPECIAL WANRANTY DEEI' THIS SPECIAL WARRANTY DEED is ganted as of this lSth day of Jartuary, 2022 by GARY JOHNSON ('Grantql"), whose mailing address is 320 Big Pinon Drive, Basalt. Colorado 81621 to OAK MEADOWS, FILING 4, PHASE 3 LLC, a Colorado limited liability company ('Qgn$ee"), whose mailing address is 23272 Two Rivers Road, Suite 102, Basalt. Colorado 81621. Grantor, for and in consideration of the sum of exactly Ten and noi 100 Dollars ($10.00). the receipt and sufficiency of which are hereby acknowledged and agreed, has sold and conveyed, and by these presents does hereby sell, grant, convey, assign, deliver and transfer unto Grantee, its successors and assigns t'orever, the following real property in Garfield Counry*, Colorado (the "Plqpe![") as legally described on Exhibit A attached hereto and madq a part hereof. TOCETHER WITH all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rentso issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of Grantor, either in law or equity, of, in and to the Property, with the hereditaments and appurtenan ces. TO HAVE AND TO HOLD the Properly unto Grantee, and its successors and assigns forever. AND Grantor, for herself and her heirs, successors, and assigns, covenants and agrees that Grantor shall and will WARRANT AI{D FOREVER DEFEND the Property in the quier and peaceable possession ofGrantee, and its successors, and assigns, against all and every person or persons claiming the whole or any part thereof, by, and through or under Grantor, except general taxes for the current year and subsequent years, and subject to the matters set forth in Exhibit B attached hereto and made a part hereof. J428394(r. I 969965 O1l24l2O22Q218:16 PM Page 2of 6 Jean Alberico, Garfield County, Colorado Rec Fee: $3S.00 Doc Fee: $0.00 eRecorded IN WffI{ESS WHEREOF, this Special Warnnty Deed is exestted by Grantor on the date first recited above. COUNTY'ffi#J- ) ) ) STATE OF Ttre foregoing instrument was aclstowledged before me &is Gary Johnson. Wirress my hand and offcial My commission J c.-1 .-:5aay or 2022,by ss. -NotaryPu$liti.r.-\; i,::il-.i;t:y I -ri+.:! fi:l:r' 5ii - !r;.n :'I i:-!,:; I -!-- n ,it,.'iti:': '.r :-!,/!, r-.r:.r 'e: ;:l' l-),r 1 ,4283946.r 969965 0112412022 02:18:1 6 PM Page 3 of 6 Jean Alberico, Garfield County, Colorado Rec Fee: $38 00 Doc Fee: $0.00 eRecorded E)il{IBIT A TO SPECIAL WARRANTY DEED (Legal Desuiption of Property\ A parcel of land located in Section 15, Township 7 South, Range 89 West of the Slxth Principal Meridian being more particularly described as follows: Beginning at a point on the boundary of Oak Meadows Ranch Filing No. 4 recorded at Reception No. 276561 in Garfield County Clerk and Recorders Office; whence the Southwest corner of Sectiou 15 bears South 02o59'12' West a distance of 2295.61 feet; whence the South quarter corner of said Section bears South 89"44'38" East a distance of 2624.04 feet; said bearing being the basis of bearing; thence along the boundary of said Oak Meadows Ranch Filing No. 4 the lbllowing 2 courses: 1) North 00"41'27' East a distance of 1325.86 feet: 2) South 89o18'33" East a distance of I 1 18.99 feet: to a point on the boundary of the Roaring Fork School District RE-l Parcel as described in the Special Warranty Deed recorded in Book 1575 at Page 274; thence along said school parcel boundary the fbllowing three courses: l) South 00o01'02" West a distance of 438.63 feet; 2) South 89o l7'3 I " East a distance of 453.93 f'eet; 3) Along the arc of a non tangent curve to the right 178.00 feet, having a radius of 376.96 feet, a central angle of 27o03'19", and the chord bears North 41007'01" East a distance of 176.35 feet; To a point on the Westerly right of way of Oak Way North as described on the plat of Oak Meadows Ranch Filing No. 4 recorded under Reception No. 276561 in the Gar{ield County Clerk and Recorders Office; thence along said right of way the following three coulses: l) Along the arc of a non tangent curve to the left 446.02 feet, having a radius of 216.96 feet, a central angle of 9?o16'13"0 and the chord bears South 08"21'19" West a distance of 399.36 feet; 2) Along the arc of a tangent curve to the right 137.23 feet. having a radius of 445.13 feet, a central angle of 17"39'49", and the chord bears South 28o56'53" East a distance of 136.69 f.eet; 3) South 20o07'02" East a distance o1484.06 feetl to a point on the Northerly boundary of Oak Meadows Rzurch Filing No. 48, Phase II recorded under Reception No. 677734; thence along said Northerly boundary the following seventeen courses: l) Along the arc of anon tangentcurveto the right20.4l tbet. having a radius of 50.00 feet, a centlal angle of 23o23'04'', and the chord bears North 6o.'74'39" West a distance of ?A.27 feet: 2) Aiong the alc of a tangent curye to the iett I i .65 feet, having a radius of I t)0.00 f-eet a eenfrelanclenf46oLKtA6.tt nnrlfheohnrrlhaorcNnrfh'l)o0'(tafitt \f,/pof arlicionnonfrTOzlflfnot fn ! $r.e }uv vL a J,av a point; 3),/riong ihs arc oia tangent ourve to the right 27.55 ieei, having a rariius of 20.00 t?ei, a central angle of 78o55'19", and the chord bears North 56o02'13" West a distance of 25.42 feet 4) North 16o34'34" West a distance of 5.50 feet: 5) South 73o')5'26" West a distance of 50.00 feet; 6) South 1634'34'East a distance of 33.16 feet; l j't2$394fr.I 969965 0112412022 O2:18:1 6 PM Page 4 of 6 Jean Alberico, Garfield County, Colorado Rec Fee: $38 00 Doc Fee: $0.00 eRecorded 7) Along the arc of a non tangent curve to the right 81.87 feet; having a radius of 135.00 feet" a central angle of 34M'46", and the chord bears North 86o57'37u West a distance of 80.62 feet; 8) North 69o35'14" West a distance of 41.85 feeu 9) Along the arc of a tangent curve to the right 66.14 feet having a radius of 285.00 feet, a central angle of 13"17'47", and the chord bears North 62"56'21" West a distance of 65.99 feet; l0) North 56"17'27" West a distance of 3.93 feet; 1 1) Along the arc of a tangent curve to the left 69.43 feet, having a radius of 165.00 fbet, a central angle of 24o06'39", and the chord bears North 68o20'46" West a distance of 68.92 t'eet; l2) No*h 80"24'06" West a distance of 17.51 feet; 13) Along the arc of a ungent curve to the left 81.37 feet. having a radius of 315.00 feet, a central angle of I 4o48'02", and the chord bears North 87"48'07" West a distance of 8l . I 4 feet; l4) South 84"47'52' West a distance of 107 -77 feet; l5) Along the arc of a tangent clrve to the left 61.29 fbet, having a radius of 465.00 t-eet, a central angle of 07o33'08", and the chord bears South 81"01'18" West a distance of 61.25 feet; 16) South 77"14'45" West a distance of 62.22 feet; 17) South 0}o4l27' West a distance of 102.82 feet; To a point on the boundary of said Oak Meadows Ranch Filing No. 4 recorded under Reception t'lo. ZZfSOI in the Garfield County Clerk and Recorders Office; thence along the bowriary of said Oak Meadows Ranch Filing No. 4 North 89"l8'33" West a distance of 1151.12 feet to the True Point of Begiruring' 4 -i4283946.1 969965 0112412022 O2,18:16 PM Page 5 of 6 Jean Alberico, Garfield County, Colorado Rec Fee: $38.00 Doc Fee: $0.00 eRecorded EXHIBIT B TO SPECIAL WARRANTY DEED (Exceptions to Title\ l. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded on November 8, i939 as Reception No. 137459, Garfield County, Colorado. 2. Reservation of mineral rights more firlly described in Deed recorded on November 4, 1959 in Book 321, Page 334, Garfield County, Colorado, and any and all interests therein or assignments thereof. 3. Reservation of mineral rights more fully described in Deed recorded on July ?4,196l in Book 335, Page 282, Garfield Courty. Colorado, and any and all interests therein or assignments thereof. 4. Reservation of mineral rights more fully described in Deed recorded on January i4, 1966 h Book 372, Page 389, Garfield County, Colorado, and any and all interests therein or assignments thereof. 5. Covenants, conditions, restrictions and all matters set forth in Declaration recorded on January 26, 1977 in Book 492,Page 894, Gartield County, Colorado, as amsadsd in instruments recorded on March 21,1979 in Book 524, Page 932, Garfield County, Colorado; November 23, 2009 as Reception No. 778121" Garfield County, Colorado; and April 22,2002, in Book 1348, Page 263. Garfield County, Colorado. 14. Terms and conditions of the Artieles of' Incorporation for the Oalc Meadows Homeowner's Association recorded Oclober 19,1977 in Book 501, Page 810, Garfield County, Colorado. 15.'ferms and conditions set forth in Agreement recorded on August 11. 1995 in Book 950, Page 56, Garfreld County, Colorado. 16. Terms and conditions set forth in Agreement recorded on August I I , 1995 in Book 950, Page 90, Garfield County, Colorado. 17. Terms a-nd condltions ol' the Articles of Orga:riz,ation of inccqperation cf Oak Meadows Service Company recorded on August 18, 1995 in Book 950, P4ge 530, Garfield /:^.--e-. la^l^--s-\r'uuury, \,ulult{uu. I8. Covenants, conditions, restrictions and all matters set fbfih in Declaration rccorded on July 17,2000 in Book 1197, Page 602, Garfield County, Colorado, as amended in instnrment recorded on November2Z.^ 1996 in Book 1000, Page 650, Garfield County, Colorado. 5 -s4283946. ! 969965 011241202202:18:16 PM Page 6 of 6 Jean Alberico, Garfield County, Colorado Rec Fee: $38 00 Doc Fee: $0.00 eRecorded 19. Terms and conditions set forth in Agreement recorded on February 15,2002 in Book 1329, Page 929, Garfield County, Colorado. ?0. Easement and right of way as described in document recorded on March 13, 2001 in Book 1237, Page 250, Garfield County. Colorado. 2l - Easement and right of way as described in document recorded on January 26. 1977 as Reception No. 276561, Garfield County. Colorado- 22. Tenns and conditions of Specific Declaration recorded on May 2, 1978 as Reception No. 285202, Garfield County, Colorado. 23. Terms and conditions of Garfield County Resr:lution No. 95-89 recorded on November 21, 1995 in Book 959, Pags 166, Garfield County, Colorado; Resolution No. 2008-95 recorded on August 13, 2008 as Reception No" 75401l, Garfield County, Colorado; Resolution No. 2009-59 recorded on August I l, 2009 as Reception No. 7731 10. Garfield County, Colorado; Resolution No. 2010-47 recorded on June 2?,2010 as Reception No. 787581, GarFreld County, Colorado; Resolution No. 201l-38 recorded on July 8, 2011 as Reception No. 804937, Garfield County, Colorado; Resr:lution No. ?013-39 recorded as Reception No. 837610, Garfield County, Colorado; Resolution No. 2015-36 recorded on July 21, 2015 as Reception No. 865682, Garfield County. Colorado; Resolution recorded on July 6.2016 as Reception No. 879290: Resolution No.20l7-35 recorded on August 7,7017 as Reception No. 895833, Garfield County, Colorado; and Resolution No. 2019-42 recorded on August 6, 2019 as Reception No. 923774, Gar'field Courty, Colorado. 24. Easernents, rights of way and all other matter recorded on May 7,20Q2 as Reception No. 602927, Garfield County, Colorado and recorded on July 7, 2005 as Reception No. 677734, Garfi eld County, Colorado. 25. Terms, conditions and all matters set forth in Site Specific Development Plan, Vested Property Rights Agreenrent and Subdivision Inrprovenlents Agreement recorded on July 7,2A05 in Book 1704, Page 723, Garfield County, Colorado. 6 542S3946. r Adjacent Property Owners 35 LLLP 2604 W County RD 8 Berthoud, CO 8051-3 2395-152-00-0L1 Bureau of Land Management 2300 River Frontage Road silt, co 81652 239s-164-00-9s7 Joseph & Samantha Casey 73 Beaver Court Glenwood Springs, CO 81601 2395-153-11-002 William Lee Roberts & Paula G. Barta 29 Meredith Street Boston, MA 02132 2395-153-L1-003 Jason & Joy Love 5 Beaver Court Glenwood Springs, CO 81601 2395-153-11-016 Oak Meadows Homeowners Association PO Box 908 Glenwood Springs, CO 81602-21-15 2395-153-13-062 2395-153-13-064 2395-153-11-012 Oak Meadows Development Corporation PO Box 1298 Glenwood Springs, CO 81602-1298 239s-152-11_-014 Bartholomew & Klimowska Obrochta 15 Beaver Court Glenwood Springs, CO 8L601 2395-L53-11-015 Roaring Fork School District RE-1 1-405 Grand Avenue Glenwood Springs, CO 81601 239s-1s2-rO-OO2 fl Mark & Lesa Russo 83 Beaver Court Glenwood Springs, CO 81601 2395-L52-Ll-001. Austin & Rachel SchlePP 43 Beaver Court Glenwood Springs, CO 81601 2395-L52-tt-OO4 Janice Shugart 840 Faranhyll Ranch Road Glenwood Springs, CO 8L60L 2395-r_61-00-135 Sundog Enterprises LLC 840 Faranhyll Ranch Road Glenwood Springs, CO 81601 2395-L6L-00-L37 Joshua & Laurie Taylor 286 Silver King Court Glenwood Springs, CO 8L601 2395-153-13-050 Ryan & Kaisa Blake 10862 Cottage Lane Hanover, MN 5534L 2395-153-13-043 Jean Louise Allard 645 Old Midland Spur Glenwood Springs, CO 81601 239s-153-13-O42 Michael Kurnik & Kristina Crawford 298 Sifuer King Court Glenwood Springs, CO 81601 2395-153-13-059 Luis Diaz & Patricia Rosario Camacho Chavez 2307 County Road 154 #9 Glenwood Springs, CO 81-601 2395-153-L3-O44 1 Garfuld County CERTIFICATIOT{ OF MINER,AL O1{1TiER RESEARCH This form is to be completed and submitted with atry opplicdtion for a Lond llse Chonge permit. Mineral inter$ts may be severed from gurface right interests in real property. c.R.s. $ 24-65.5-101 , et seq, requires notilicetion to mineral owners when a landoruner applies for an applicadon for development from a local govemment. As such, the landowner must research the cunent owners of mineral interests for the property. The Garfield County tand Use and Development Code of 2O13 f'LUDC") Section 4-l0t(EX1Xb|(4) requires written notice to owners of mineral interests in the subject pt'operty in accordance with C.R.S. g 24-65.5-101, et secL "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." This form is proof of applicant's compliance with the Colorado Revised statutes and the LuDc. Thc undorcllnrd rppticant ccrtlfico that mlncral orynrn hrvc bcen rcccardred for thG 3ublGct propcrty er ruqulrrd PuFurnt to qR.s. I 2#65.F10i1, ctseg, rnd sardon +ffi {q($(b}14} of thc GerftcH county tand Urc rld Dcvclopmcnt Codc, rs amrndcd. fu c rcsuh of thrt rcscrrcfi, drc undcrrLncd rppllcrnt c.rtflcs thc lollowlq (Phasc tnltial on thc blank linc rcxt to tttc Jtctancnt at at aauratcly rrlfles9 thc resuh o! rcuardrl: - I own the entire mineral estate reletive to the subject propertyj or j! uin"r.ts are owned by the parties listed bebw The names and addresses of any and all mineral owneru identified are provided below (attach additional pages as necessary|: I rcknowledir I revlewed C.R.s. $ 2+65.5-101, dscg, and I rm in complirncc with seld rtrtue rnd the tuDg 07t25t2022 5 Nrmcof Mlncnl Ownrr Mellin3 Addrrn of Mlnrnl Ownrr Emery E. Arbaney and Beulah M. Arbaney Unknown (deceased) Floyd E. Bachman and Helen A. Bachrnan Unknown,deceased Don L. Lynch and Christine G Lynch Joint Livin Trust dated November 2007 as 4902 Red Bay Drive amended Orlando, FL32829 Harold H. Quimby and Waneta Quimbv Unknown deceased Date G MBN i ir.li ' I i..J 1 !, I .ll ldi , ij, r-,r J|ivti'l l..jr:r, q70-945-2550 li-;fll !l;i( |r"r- j /:\\r'1-1111 14 ti,; iJi'rl tl:'!ei ri!r.-:'-'i i 'j;-:t it r':-11;. (-'i-,\ lj l{,ajl GomboEngineering.com luly 25,2022 Phillip Berry, Planner Garfield County Community Development Department 108 Bth Street, Suite 401 Glenwood Springs, CO 81601 Re: Oak Meadows Ranch, Filing 4, Phase 3 - Mineral Rights Ownership Research Dear Phillip: In accordance with your recent communications, on behalf of Gary Johnson and Oak Meadows, Filing 4, Phase 3 LLC , Gamba & Associates, Inc. [Gamba) hereby submits this Ietter describing our process of researching the mineral rights ownership for the subject property. First, we reviewed all deeds and recorded documents related to the property which were identified in the title commitment that had been prepared for this land use application. We read all deeds and documents identified searching for any reference to the conveyance or reservation of mineral rights contained within them. This first search identified the following three documents which contained a reference to the conveyance or reservation of mineral rights on the subject property: 1. A real estate Deed recorded November 4,1959 in Book 321at Page 334 as Reception No.207275 [see attached) dated October 30, 1959 from Emery E. Arbaney and Beulah M. Arbaney to Floyd E. Bachman and Helen A. Bachman which contains the following language: o Excepting and reserving, however, from both parcels ofreal property hereinabove described, an undivided one-half interest in all oil, gas and minerals in, under or upon said real property, together with the right to enter upon, explore, mine or otherwise remove the same upon payment of surface damages. a a 2. Areal estate Deed recorded July 24,L961in Book 335 at Page2BZ as Reception No, 214544 [see attached) dated luly 1,7,1-961 from Floyd E, Bachman and Helen A. Bachman to Don Lawson Lynch and Christine G, Lynch, which also contains the following language: o Excepting and reserving, however, from both parcels of real property hereinabove described, an undivided one-half interest in all oil, gas and minerals in, under or upon said real property, together with the right to enter upon, explore, mine or otherwise remove the same upon payment of surface damages. Oak Meadows Ranch P.II.D. - Filing 4 - Phqse 2, Garfield County, Colorqdo Mineral Rights )wnership Research July 25,2022 Page 1 of 4 a 3, A real estate Deed recorded fanuary L4,1966, in Book 372 at Page 389 as Reception No. 233134 (see attached) dated f anuary 13, L966 from Don Lawson Lynch and Christine G. Lynch to Harold H. Quimby and Waneta Quimby, which also contains the following language: o Excepting and resering, however, frorn both parcels of real property hereinabove described, an undivided one-half interest in all oil, gas and minerals in, under or upon said real property, together with the right to enter upon, explore, mine or otherwise remove the sante upon payment of suffice dantages. Following this we conducted the following additional record searches of recorded documents contained in the office of the Garfield County Clerk and Recorder: o Garfield County Grantor/Grantee records preceding the property ownership of Emery E. Arbaney and Beulah M, Arbaney as noted above, and subsequent to the property ownership of Harold H. Quimby and Waneta Quimby as noted above.o Searches of recorded documents pertinent to the subject property, or to the parent parcel from which the subject property was created, using the following filters: o Mineral o Mineral Deed o Mineral Rights o Notice of Mineral Estate o Deeds of Distribution These searches identified two additional documents which referenced mineral rights related to the subject property which are as follows: a 4. A real estate Warranty Deed recorded July 19,1973, in Book 447 at Page 311 as Reception No. 259231 [see attached) dated luly 1.9,1973 from Harold H. Quimby and Waneta Quimby to Howard U. Motz, which contains the following language: o FURTHER EXCEPTING any and all oil, gas and other minerals reserved in United States Patents and in previous conveyonces. 5. A Mineral Deed recorded April2,2010,under Reception No.784207 (see attached) dated April 2, 201-0 from Don Lawson Lynch and Christine G. Lynch to Don L. Lynch and Christine G. Lynch, or successors, Trustee ofthe Don L. Lynch and Christine G. Lynch f oint Living Trust dated November 30,2007 as amended, which deed contains the following language: o ... Grantors, for good and valuable consideration, in hand paid, hereby sell and convey ... to, ... Grantees, in the following proportions mineral interests in the County of Garfield and State of Colorado, to wit: AII of the Grantors' right, title and interest in and to the oil, gas and rnineral righLs in, on and untler antl that may be produced from those real properties described as: ,.,. It is clear to us that the language contained in document 4 above IRN 259231) does not convey any mineral rights ownership to Howard Motz. However, it is our opinion that the )ak Meqdows Ranch P.U.D. - Filing 4 - Phase 2, Garfield County, Colorado Mineral Rights )wnership Research July 25,2022 Page 2 of4 a language contained in documents 2 and 3 above is somewhat unclear and may or may not have actually conveyed the ownership of any mineral rights to the grantees of those deeds. Specifically, a reasonable interpretation of the language in these documents is as follows: Assumingihat at the time of the execution of the first document IRN 207275) the Arbaneys owned \00o/o of all mineral rights associated with the subject property, then following the conveyance of the real estate from the Arbaneys to the Bachmans, and the reservation of 5070 of the mineral rights by the Arbaneys, then the Arbaneys would own 50%o of all mineral rights and the Bachmans would own 500/o of all mineral rights. Then, following the conveyance of the real estate from the Bachmans to the Lynches in document 2 above (RN 214544) in which the Bachmans reserve ownership of 50%o of the mineral rights, then the Arbaneys would continue to own 50% of the mineral rights and the Bachmans would continue to own the other 500/o of the mineral rights, and no mineral rights would have been conveyed to the Lynches. Similarly, in document 3 above IRN 233134) no conveyance of mineral rights would have been granted to the Quimbys. We understand that this language could be subject to other interpretations and therefore, in an effort to be inclusive in our identification of possible mineral owners, we have identified the following individuals or entities all as possible mineral rights owners: o Emery E. Arbaney and Beulah M' Arbaney, o Floyd E. Bachman and Helen A. Bachman, o Don Lawson Lynch and Christine G. Lynch, or successors, Trustee of the Don L. Lynch and Christine G. Lynch Joint Living Trust dated November 30,2007 as amended, and . Harold H. Quimby and Waneta Quimby Following this document search we attempted to find current addresses for any of the individuals or entities identified' We were able to find an address for Don Lawson Lynch and Christine G. Lynch, or successors, Trustee of the Don L. Lynch and Christine G. Lynch f oint Living Trust dated November 30, 2007 as amended, which is as follows: 4902 Red BaY Drive Orlando, FL32829 We were unable to find current addresses for any of the individuals which were identified, but we were able to determine that all of these individuals are now deceased. Based on additional records we've researched, following are the reported dates of death for each individual listed above: o Emery E, Arbaney, died 1'973 o Beulah M Arbaney (LeteyJ, died 2003 o Floyd E. Bachman, died 2004 o Helen A, Bachman, died 2010 Oak Meqdows Ranch P.U.D' - Filing 4 - Phase 2, Garfield CounQt' Mineral Rights Ownership Reseqrch July 25,2022 Page 3 of4 Colorado o Don Lawson Lynch, died 2010o Christine G. Lynch, died 2020o Harold H, Quimby, died 2011r Waneta Quimby, died 2006 It should be noted that a previous land use application on this property liad identified Elmer Arbaney as a mineral rights owner for the property. Elmer'Buckey'Arbaney was the son of Emery and Beulah Arbaney and coincidentally a former Garfield County Commissioner. Regardless, as noted above, based on our records search we were unable to find any document corroborating the conveyance of mineral rights to Elmer Arbaney and therefore did not include him on the list of possible mineral rights owners. Furthermore, we were able to located records which indicate that Elmer'Buckey'Arbaney passed away in 2006. Consequently, since we were unable to locate any documents which conveyed the mineral rights ownership that any of the listed individuals may have held at the times of their death, and we were unable to locate any documents which identify their heirs, successors or assigns, we were therefore unable to provide an address for any of the individuals identified. We submit that we have conducted a complete and exhaustive search of available records which could identify the owners and addresses of mineral rights related to the subject property and have identified such owners and addresses, as available, on the CERTIFICATION oF MINERAL owNER RESEARCH, which has been signed by the applicant. If you have any questions or need additional information, plcasc contact us. Sincerely, Gamba & Associates, Inc. Michael Gamba, P.E. & P.L,S. 28036 H:\03385\2020\Mineral ownership\Mineral Rights ownership Research - 202207zs.doc Oak Meadows Ranch P.U.D. - Filing 4 - phase 2, Garfield Coungt, Coloraclo Mineral Rights Ownership Research July 25,2022 Page 4 of4 C^\'r :1 I tt I r Drrt,t. \ta\ Book 321 Page ))\x,*H?3,.L.. Rcordrit rul$;J5*coocr-A-x, Jsri Tns Dtnor tlrrteitlr la thc tcr of our Intd o7o b€trrea EGRTD. otrbe ;, ooultyof Grrftcld rld Etrtc of Catonrto, of the !'rnt Drrt, ul FIOYI, E. sacHllAl{ r6d slx'lll A' lACHxAil olt[. gouattod Gerllold ltarc ir Grccptld froa thc rcrl property ebove dcrcrlbed tbor. t*t Prrcol! of leud contrtqfig .85 of, tn acre rnd .04 of m tcr!, tlpbctlvclyr agd ttc rrtGr rljbrr d.'crlbid 1o thrt ccrtrln Qutt Clrtr Dccd tccotded lr Docu{Gnt No. l9l4Zg tr loolr 290 tt ii}i ZZt of -thc rccordr lE the offtce of thG Ciuncy Ctcrtc rsd Rccotder of Garfl'cld Coutrty, Golorado. ttcrr le alao hcreby conveyed l Eurc{u of Land tfinrS,actrt lerse (DlrtrtcC t{o. 7) for 350 lcrclr roore or 16s8, stttchcd to the rbovc dcrcrlbcd rcrl ProPerty. rnil Strto ol Oolonito, of thc reconil Intl lJigrfugt S*t g#'*. shtlfil Yt"l"l $'.F.r#:'I": { s-" :4"'- - m to thc *14 par! icl ol tho lint firr in lr.d n6rt b^y the.*lil lrrttler of ibc rconil lrrt' tle rrcclttt vbereot lr heely coaterred rnrt rchostodit;; ;t;;d, irrpircd, iotrl rad cortevo't, .o'l bt ttet€ lromifi do sirirt, brrtirtu, rell, .oor.y.raiiiil uoto'Ite ul{prrilee,ol 1hc c€cord tnt' thelr hsln .oil .'dgo' fot'Yot' not i;-*;;;;;ilr utjr riJilro"y..l [.i"ui'r"s t*H:it 6, 8lfiil$ "u rTJilkjjmJlT rnd belng lu tbo ' CouEtt ol Glftl€Ic q wsuLJ v- Colondo, io-tit: PAICSL ll€.j I i*r 9r 10, 11' L2, 13' 14, 15,'fsJgJl:22 'lrrd^23 of-scctt-ojr15; tha sllqryf' mii*, att{Mt; ."i siis;i'oi-i."tioo- it; i,,tt 2, 3 rad 5 rnd llEtxtrt rad HSIL ift.Jifo"-22,-df rr tCrtfp ? Sqrth, ienga 69 llGtt-of thc Slxth ?rlocipd. l(crldl.u, tog.tbcr vltb 311 yit.r roa rrtcr-rlghtr, -dltch,rr -rd dltch rlghtr' ilifil.i iol "i urcd lu coraGctlor elth thc rborfc dcrcrlbrd roel ProPcrty, -i-piiii.ofirly, but tdthout thltrtlon' the Hrrdslch Dttcher Nor. I .ad 2' tain'prforftlcr-iccracd thcr.Go, thc onc-thtril httrctt lD thc orlilarl ilitructfoo of thc Llgnltc DtC;h' ultl r llle int rc.t ln Prlorlty l49A rcqulrrd [i ifi.t prrtl.c. f"oo-i"i Prter f,irchco by llrrnnty ltctd rccordad tn Eooh 244 ;i i;l; l\t ot the Gerflcld Gouoty.rcccrdir enrt ehtch lntcrcst tr.! rcqulrad-by 3tr" ilia-i"tcr Klqchru by Enccutoirr Dcad-rccord.d ln Eoolc 94 rt Prgc 375 of the Crrfirtd Courtlt ricordrl-rbo the flrrt enlrrgcocnt 9f the-Llgnttc Dttch vltb iff ot ?ttortty llo. 179i, rtd togcchE ettb rll of thc rtghtr of ftrrt PrrClcl l[ dltchcr ltrd yrter rlghtl end rprtog end plpcllae rtghtd rcprcrcntcd by thc itfrf c"t".geocnt rnd cxCcnrlon of thc L{gaite Dttch tlo. 107A, thc Herdrlclc Ufich no. 4i'5 rna thc Bauhh $prtng eud Ptpcttne oon ln Procctl of rdjudlcrtlon ii C"oi. Xo. tf/f ln tha Dl.rtrlet CourG of Ggftcld Costrty,_ colo-rtlo. Plrrt partter e!(ccpt tnd rclerve r$y tnterctt la thc Llgnltc Dltch rnd vltcr iighit'r.tfch tlcy nry oetr It ruecesiorr ltr lntrr.rt of onc ltcr Hc6orllcL. 3oth 'lrtod octob€a ttotrnit drclurdrcit pd flf cy-olne ASfAlEl .trd BEttilS H. AStAfflI PARCEI llo.2 gBtSl* of Sectton 15 rod tlEtt{t{t of Sectlon 22, cll ln Tovnrhlp I South, Rrngc of tfia Slxth frlnclprl Xerldlrn. ,dz @ ti c 2.) a'4 g I I6 )u 6 u Exccptlng rnd rclervlng, horcvcr, fqoo both'prrcelr of rccl pEoperty berclurbovc dcrcrLbcdr rn uqdivldcd onc-hrlf ltrtrr.rt tn'eil oll, gar rnd olncfal,r Lr, under or upon ritd rcrl progcEty, togGthcr e{th tbc rtgbe to cqtcr upont crplora, olne or otbcrvlle r@v! thc scrc upon pryoent ol rurfrcc. drorgcr. $oCE|IUER rlth rll ud tbtqler tic Ler.dlbmoltr ud rDDudaartcer thcnutr belo4{a8:, or h ralrlra rDt?rtrfujng, rnd thc rcrcraloo aad rcvonlour, mralndcr ud renrhdcn, reute, hsuc! rud llo lF thcrto!; ud rll tbg r|tetc, rlrhtr dttg, irhrclt, clrin rail denrnd rhrtrocro of tle nltl lrrt icr of ttr tlrrt prt! dttcr ln I.r or equlty, of, il rnd to tla rboto bufUaA grrrl*t, dth ltc brr€dltrEsnt lnd tPlqttnrDc€t, llo. 168.*rff fxtt DI![}-tr lrbt ,thsla-lEllsGlcblls !tt, Oo, Irlr. t [bE,l t/fiI d$b, Ull-$ tlilt lL. Drn Oolordo Book J2tPaee 335 TO BAVE AND TO IIOLD 6ro arld prrrites abore bsrgicileal rnil ,tcicribEilr Ftth the rrtruftsnarc*r urlo th6-it+"T"$" j:Tffi*H,.Atrtr:;*:;*ru"lmF;ffi Ji#j**r*tr:ffi trqnd *ith tho said pariics ot th€ seconal part, thoh hefus a,ud srsigrs, thrt "t tau ur"-Jtru euseallng alrl dellwryof thesg lr€sents' they are rolseit ol the prcmises above coavsye4 as of good, gruo, lrertecq absoluteand indsteaslblc ogtstc of hheritqace in latr, tE tss ,itnfriq-ond DE ve Esod right, full ponor and lawful authorltyto groulr bugain, geII and convcy tho sornc in mgaror "iA ior aforeaaid, aail ttrt ih" "u_u *o fiee aud ctear f3qqdl formol anit othor g"ants, bllgdins, lnlea, llcnrl texo., *ru*rnontu and ineumbra&eg of whatevor kinal o! nfltur€!aoovGr, except rogervatioDs in patents ffon the Unlted Statcsr eEreocnte enil rightcof wav f,or roede , ditchei *a'"tiiiir.i'n".uroror.-;"il;-il appcarlog ofrecord or whteh *" b:-:!l"rved on r\"-s"ouoe, .oa it;-iitgli*." payrble to 1960,whtch eecond partila atree to p*y. lbe-first.perties expre*ry except frou thewarr'nfy provicLonc of chis deic-the ditch end water rights herelnrbove dcecrrbed. and the abow bargaiacd prouieoa lu tho quiot ouil peaeeablo posserelon of the ssid Dtrdes of ths secoad p6rt, th6irhelrs 4nd atsigls, againrt lll and o*r9 pereon or perrons lawfrrlly olntmiag or to ctaim the w}ole or any psrt lhqreof,t'ho eald part res of thc ilrrt patt shrn qnd lsill waxRANr AND FoirDygB DE ,Er\D. tN WII'NDSS WSEREO4 the salil pelt iee of tho fhst purt be ve hEreutto set theirbrail a rnilsfol A thsdoyardyearfirstabovonnltton. I Slgned, $ealed anil Dsltverod lR the presencs of STATE OI' COLonaDo, -. CoIInty of GARFIELD 6rl. vas aclnowledged bdore mo tbk 30th day of OctoberE. ARBANBY and SEIILAII lt. ARBANEY.axlrires Juty 2g , 1S 61 . $litners my bnnil aad o,fttcial geal, fu *--.'e-..R t****-- i6'i; fiii,il*.. lqtual Duol or D6ru!. hd! h!{rt nMe orrrmo?f otlljr 61 qit1q.*,E tdc DruId€at o! Dffim ai.iml[,atlgnl'- ln.lroi oitu oltl6b ol noh cdDomttos, lullS iL or othq alrooll, vt ileurlDllwi U bt olilcds ot huq t ll Dt ttoffiu actlna ln r@rq@l'lfE or olflohl at'qelg e3 q .ttoBcllla-t cl, COt oLlle!, lh.D bed Db6 Of uGh o FJ a Fdt4R b'{Flz F4& F lt5f* 6tF il i \i\t$l \t D o F. ll * 3 ;F.i'Ell -n iqI-Ell iF i;E ll a$E$ lr ilE.nf * i{ iln{gi$ o E Eo d 6 T a 4A g, R) 335 282 f,ecordteir *..--[.i.-4.1,...,o,"r.ot....1...u- -.-..J,\1*-.:.{,-.'}.?.9-'-""""--" 2L hl+Chas, 9. Keegan *ecepHoa rF=- + ,l it t .t 'i r! JI ,l 'l I it :l it .l .i I J .l'i t.Es Drnn, !{adothis Uch itoYof JutY io th" yn*" of ooo Lord ons thoumnrl nine huailrcd antr sixty'oue b6twesn ruOYD E. SACHMAI.I ANd IIELEN A. BACITMAN ofthe CourtYof Garfteld rdl Ftate of Colorado, o! tho fitst Itarh srd NDN IAWSOT{ I,YNCH ANd SIIRI,STINE O' LINCS of tho ifexas CountY oI HattLs nnr! S:te[e of onhg&, of ttre recold part: WITNESSEf,B, ltlrat th€ rsitl l,art ieg of tbe first part, .for ald ir conridEratioo of, tha eun o{ TEN DOLIARS AND OTHER VALUABLB CONSIDERATION ...-S9['&}T*tr to ths raiii po$ie8 oI the Jlrst lBrt ln h8nd paiet by the raid pqrtios of thc sc\eond !Ert, ths reccipt lvhoredf i8 hEroby sonJesned anit ccknoqledge.l, ha ve graated, bar8clncil, sold aud conveye4 srrd bY thcao pre:onts tlo grunt, bsrgsin, scll, correy anil conllrfl uDto ttre saitl prtios oi lte sccond pad, theit heiDs and trsEigas folaYcf, noi in tortrncy ln commos but in Joint tenanoy, all tho folloving drscribed loi 5 or paNel s of laud, situata' lyinE anil lreing in iha oounlfEf GarfLeld and Pirkln and stutc ot Colorailor tq-rvih 15,18,19,20, 22 and 23 of Sec. 15;Parcel ,No, 1r sEtNEt) NU+Srt Lols 9, 10, stJtNBt and acquired by 244 at page 11, 12, L3, L4, SetSEt of $ec.2I; Lots 2' 3 and 5 and NE*NI{| and W}NI} q of Sec, 22, aLl in D.7 S,, R. 89 W. of rhe 6rtr P.tt., together with aLl waEer and r.tater right6, ditches and ditch rights belong inB to, or uged ln connecEion wich the above described real property, and particular ly, btrL withoul llrnitation, Ehe Itarohlck Dltches llos. 1 and 2,wlEh priorities decteed thercto,the one-tlrird LnteresE in the ortg1nal eonstrucEion of che Lignite Ditch, wiEh a like intetesh ln Prtoricy 1494 first parfies fron one Peter Xirchen by l,lartanly Deed rscorded in Eook 357 ot the Garfield CouutY recorde, and whlch in was acgul.re page 375 of d by che gaid Peber Kirchen by gxecut.orrs Eeed recotded ln Eook 94 ar the Garfield County records; al-so ttre first enlargemenE of the Lignite Dltch r,rlth aLL of Priorlty No. I79A, and togeEher ?tich all of the rlghto of firsc parties in ditches and wacer rLghrs and sprlng and pipeline righte tepresented by the third enlargement and extenoion of the l,lgnite Dltch No. 107A, the ltardwiclt Dltch llo. 465 and rhe Beulah Spring and Plpallne no$t ln ptoces6 of, adjudicarion in Cause No.4914 in the Districl Court of Garfleld County, Colorado. Firec par ercepl and reserve any l.ntetest lu Ehe Lignite Dirch and Qater rlghts which ehey fiay or{n as Euccescors ln interest of one Peter l4cGor1ick. There ie 6;{cepted from Lhe real property above described lhose two parcels of land conLaintng .85 of an acre and .04 of an acte, re€pect{vely, and the water rights described ltr lhat cetgain Quit Gla{n Deed recorded as Document No, 192429 ln Book ?90 at page 22L of che records ln the office of the County Clerk and Re- corder of GarflelC County, Coloredo. There ls also here,by conveyed a Bureau of Land ManagernenE lease (Distrtct No. 7) for 350 acres, ttrore or 1ess. ettached to the ebove described real FoperEy, Parqq_l No, 2; SBTSH* of Sec. 15 and NEtNlrt of Sec. 22, alt tn Tp. I S., R. E9 tI, of the 6th P.M. Excepttng snd reserving, however, from boLb parcei.s of real property hereinabove described, an uudivided one-half interest in all oil, ges and minerals in, undero! upon said real ploperty, EogeEher with Ehe righb to enter upon, expl.ore, mLueot oEhex{Lse renove the same upon Davment pf surface damages. :r'Uel'r'ffAla wtth all anil rirgnlsr thb'heieilltamedtiTEif?-flurtsdausrs .hcrauDtd belongCng, or in arywiso appe*aining antl the revgrslon aral tcqcrsiongl ranaiuder anil rouuinileru, ronts! issues rnd pmlils theroot; nnrlsll ljrs gststc, dgbt, rffl6, fnt€reat, pl&tn Bld donrsnd wtqtsooro of th€ csid pcrtiee ol the flmt Ffrt. olthBr inlaw or equity, o{, ln and tr tte allovs bargained promiser, with ths hsraditsmel}s rbd aplrurtsnancos. I il Eer .rs i.lsl ^*d:IH 3F u(rniF ii !l ti II l1 rl il No. ?ll8.rg.fgruulry DEED-ro tntst fcornta-DmdlorGltoltaqou PtG. Co,, lglE BobtoroE.{ Ifqol Bh!l{ ,f2{.{{t Sldrt Sr,, Drdvc& Colonda Book Page 335 28? 'l'0 HATU ;lHn l'0 notlr tha sald promlsca ebovo borgalned aarl rlg$lbeil, witb tto ntrDurtssrpca, utrto th6:rri,l i*rttlcr of the trconal pnrt, ti<,ir lrcjrg anil a$igag ioravoA Ald ths gald f'Irt iee of the flr t Dc,rt, fofLJlem sclvesrBheh hoira, enoutots, anil ailulnish.atolg, rlo corcralt, grant, bargain and agrco tont'ii rsill ilc ssi.l mrticg of thc accond !'lrrt, tllolr hafu€ enrl asrigrr, ibot at ths tirae ol thc ongealhg rnil itollvoryo[ lhr';l prr'-'tfllr, 8f E rrcl! gokoil of tlro Incrdlos alnvc conveyoit, a: of goor! rum, porfcrt, qlrsoh; rrrirl iruie'<arihle rstfitc ol infioritsucn in lsre, ia tco dmpie, ond h4 ve eood right, full lo*or and lnwfirl truthotloy "o |rani, Dlrt'1"aln, nqll aDd cowcy i'lrc salnc !n m&bner and forn aforosal4 atril thot flre sqrile *rr freo tail olegr fronqll fohnr'r un'j othcr grarrts, hirticilts' sqlq€, licnr. tcxer, sstessurstrta aail lncunbrrnccs of $.hntavcr lrhd or noturqcocvc!' oXcEpt a flrsC and prJ.or uorcgage dared-october 30, 1959 Eo ErEery E. Arbaaeyand Duelah M. Arbaney, recorded l1-rhe offtce of the 6le;k-and Recorder ofcarfreld countv, as Documen. uo. fozz67, book 3i1 .i irgi':ie rhereof, rvhichthe parcles of Ehe second parr assuue and "g"". t" pe;;"- -- rr;tl l,lic aLovc lmrgoinod prerniscS itr th6 quiet anil Bcaccnblc posscsaiou of tto slid Ba$iea of ths aocoait part, tiheir Lolm at.d ni.tlsrLl, s8{inst oll srrd ercry rorson or [ersorlg lovful]y clatuing or to elsiE thc vhols or any lart th€r,eog the rni6 po.g ie6 ot tho lirEt parr shrll anrl 1gt1 WAR1AN1 AftO nOnUVpn DEI'SND. L\[ \lll'NllSs \VtlttRtt0l,', tbo said patt les of t}c firs{i pEr& ha ve het€unto sdt fheir hand s sndscdl 5 thc dny nad year fitrt ntovc writton. $igucd, Scnlcil nnd Dcllvored in ttre &csancc of IsoAll [sEAL] $T,ITE OF COLOR.fLDO, County of Garfie}d ss, The torcgolng itlrh'umont wts *cknovleilgoil bdora !!e this tZ th dpy of July19f!,ltyf.Floyd E. Bachman and Helen A. Bachrnan 0l.pllea Uarch 22,r 19 65 . Wtucss my harrd and olflcial eeal. Nctart or rsoD! ltlN ln8$! nMo or nMq: ll bJ, $wDr lctfuG ls EorssDiol.lgq or olflqid EDqclF or s silom+lslaott or othr orrpadb or ilocrlrrltol; ll by ofBw o! ortqntlor, tha luprt uqo ol aclu qeqtor. rrtt nor-ln-lcct tlE Dr6ldort q olls oitlcoF ol nuch .orrontloD, Dulna lt tr il. .I tt th TAA B L\ F (,o a t l$,rrr ll II I I iI I I Jtta Fi I i II 3 I I JooA d dI @ d,tt rlFc t I Jd 4 .E€h got ha .E d d fio €ho5 H n 5 lrl tr E lt h tIt 3 I !III I dad F4oA (J ko n F{4 a I i _i'qtrJ(fr( )lEJdS(r,JoF.qtqI. rlxrldgFIirtrJctcrrI II i ! n E&( c4 Eo {J!l tt Fr {z EI E{ E{ ao G F'l FIe >-t E-tz &g F t, <rs tr6 qf{ q.{t ioz :lt.* (ol ?i c(! J cGd lrc c(j qi ola.;l tiou rJ ooiEo (! cIt Ek n sN d o * g o E6 xg o E'$Esg 6a @c F + arcordsd aL3;.5L-*o'ctoc&..J-..![., Jsr- J, /r..19.66''.-*.*.._. Socgpffou ra.2lil3l,.Jhas.'--S^-Leg$fl n*-..*---.Recordor. Book 172 Page 189 bhe l,les- a long et al tlre Ibrs Dnno, !findethis ].3th itayot.J6lrss3y b tho yelr ol our Loril ona thorrernd nino hundred and s i X ty- S i x betrvoon DON I,AWSObI I,YNCTI and CI.{RISTINE G. I,YNCI-I ot tlte County of Garf ie ld sn.l gtot6 of Colorildo, of fhelirst Dsrl, and I{AROLD lt. eUI}4By and WANBnA QUIMBy ol ihe County of Garf ield nnd Stote of Colorado, of ihe eacond port: WI'INDSSDTUT thu! the snid parti e s of tlre firrt part, for and. irr congldcrrtiol of tho sum oI IEN DOI,LARS AND OTI{ER GOOD AND VALUAdLE CONSIDEFATION-------SSH:O&III tc tha raid part ie$o, thc {irst prrt in hnnil poirJ by tlto Eoial partles of thc aecond pqrt, the rucipt t'hopeol il lrcroby conferscd ond ncknowlcdgcd, ha Vg grantad, bargolncd, lold and convoyed, anil by thcse preaonts do grrrnt, barg4itl, scll, convoy and cohfinn unio thc snid pariier of th6 sccortd part, thcir hcil'a and nrsigns forcvcr. not ln tcnancy in comnron but in joi[t toiltrtrcy, oll tlfl-o_lloprjrg _ddscribdd lot s or parcol s of lnflil, €ituotc, l]"ing unil bcins in the LHrdlN+Iis Garf ie td and Pi tkin nud Statr ol Colorado, to.rvih Lots 9, 10. 11 22 and ?3 of Ser. 15; t ffi PARCEL I, !2, 13, 14, rsrrETT', ZO sE 1/4 ND L/4, NE I/4 SE r/4, sI'l L/4 NE 1,/and SE L/4 SE l,/4 of Sec. ?I; Lots 2, 3 and 5 atrd NE 1/4 NI\t 1/4 and I't L/2 ilW L/4 of See. 22, all in Ip. 7 S., R. 89 t^'. of the 6th p. M., together r+j.th all lrater €1nd water rigltts, ditches and ditch rights belonging to, or used in collnection with tlr€ above described real propertyr ancl particular but without limitation, the ilardrvick Ditclres Nos, I ancl 2, with pr rities r1ecreecl theret.o, Che one-third interest in tlre original con- atruction of bhe Lignite Ditch, reitlr a like interest in priority 149 acquireLl by Floycl D. Baclrman and l:clen A. Bachman fron one Petet Kirchen by I'iarrant], Dcecl i'ecorded in ljook 244 at Page 357 of the fiel.d County records, and which interest rvas aequired by the said Peter l(lrchen by Executor's Deed recorded in Book 94 aL Page 375 of the GarfieJ-d County reeords; also the flrsL enlargenent of the Lig- nite Ditch with aI] of Priority l'lo. 179A, anct togetlrer teiUr all of tlre rights of Floyd E. iJachman anC llelen A. ilachrnari in rlitcires and water- rights anc{ sprinq and 1:ipe.line right$ repl:csentecl lry thc lhird enlargement ancl exLensiotl of the Lignite Ditch No. 107A, the llardwick Ditch-No. 465 and the lseulah Spring and PipeliRe rlolv in process of adj udication in Cause No. 4914 in lhe Distr-ict Court of Garfielcl CounLy , Coloraclo. floyci E. llacllman and IIeIen A- Oachman excepL and resel:ve eny irttere*qe in tlle they nay own as successors i Lign nin ite DiLclr "rnd water: rights whiclt terest of one PeLer McGorlick TI'IERE IS EXCIIPTED from the real roperty above clescrj,becl those tr'ro parcels of land containing tively. alld the r./ater right .85 o atl acr:e and .04 of an flcre, res s described in that certain QRit Claim Deed ::ecorcled as DocunlenL No 192429 in Uo,rli ?90 aL Fage 221 of tlre rc.cqrrds in tlre office of the County Clerk anci Recorder of Garfiela Cour) hy , Coloraclo , PARCT:L II sE 1/4 srl I/4 of Sec. 15 ancl NEli:7T ttw I/4 of sec. ??, all in rp. I S., ll. 89 W. of the 6tlt F. M- U.YCEFTING AND RtiSSRVrNG, lroivever, fron boi:h pareel.s of rcal pfoperty [eroi.na|ov;-r clescril:ec'l , ;rn r-rndirtider] one-haIf infer:es'c jn al L oil, .rncl ninerals in, uncler or ulloll saic'l real property, Loqether r+iLlr righl to enter uFOIl , e:{plgre, mine or Othe1'trrige renove tire sante upon pilytnent of surface damages. EXCBPT ALSo a tract of lan cl siLuated irr tlre N 7/2 NE I/4 of Sec' ?1, TIr.7 S., R. 89 I',i. of the 6th P. M Garf ie lcl Cou!1bY ,CoIoraclo, 11, t^Ies terly of a couttt,Y roacl as cons tructed and in Place,rlescriLied as f ol lottts :BEGINNTNG aL a l)oint on the lies terlY line of sa-td roacl t+lrence l:he Northeast Corner of sa ici Section 2? bears N.89004'39r'E. 12ti8.06 feet;thence s. 22"27t26't E. 95.:)5 feet alonq Lhc {'lesLerlv I 4 1 ine f oE saicl roacl; tllence 5. 32 o? line of saicl road; thence S 2t,l 6n E. 116,54 feet along . 47o47'01il d. 142.83 feetterly WeslerlY line of saicl roacl; Lhence s. 23003'?8" E. 145.?5 fe ong the !'ies herIY Iine of saicl road; thence $2I"52 '14" lg. ?29.14 feet; thetrce s. 0lo4 6r0l( E, ?95.78 feet; therrce N-28" 46 r 37'r hr. 348. B8 feet; bhense N. 3 0"54'3?,r W, {09,41 feet; Lhen ce N. 58"54t3?'! [^]. .130. 71 feet; thence lil ,3B o40'37" w, 135.40 fee t; bhence N. 76o?1i23't E. 400.70feeL to a PoinL on the !{esterlY line of said roacl , Lhe Poirrt of beginninq,, cqntaining 5.18 acres, more or less Book Page 3 3 -- t0erErtrEn wrih air ;;iiJn8uri' tlo n*'"ai6i.*ii^a "piirfui-*iini.i,iii'r,al"gi"sl;-;-;;#rr"Eplstainln8r rnrl the rcvorslon and rwelEioru, romrlador aad rerptinders, rcnta, lgsues anit prolill tl.rereoti alrlall tto ertate, right' tltle, lnterelt, clain and demanrl wbrtsoaver of tho Eaid pertles qf ths fint prrt, eltber lnlaw or cquliy, ot, ln 0ud to thc abovt brrgainecl pramirer, wlth the hersdltrmants mrl appurtenences. to EAVE AND 'ro E0LD th: saiil Fremieer &bova blrgoined anil deacribed, ryith the lppurtouances, unto the ",$H':?t"lT,lwl$t,,T,[]ffiilx:ffi t*i:::*tt#,r;ii;iii**T',iiTl,:;snd rvith tho esl'l lqrtles oJ tbe seconil prrtf their belrs and a6stgns, ihqt "t trr" tir.ii llru onsealing aurl dcliveryof th€ec p!6sehh' they are vell seizcd of the rrarnises abol,e convoyed, ar of, groil, !ure, tlerfactr obsolute4rl'l illde{sf,slble e'loto of lnherltsnce tn tov, tn fee siur-ple, una r,n t" s*i "igl1, lolipowa, "no tlvflrt au[horiiyto g!'ant' btrtglih' sall antl colvey the asme it. munnsr and lorm oforosrid, and that ihe ssuc ara f'cs snd ctear fromall fornor snd othcr'grants' bugnine, sales, tlens, t*"", nr".grrnents.ard lucutrrbrauces o! Iohstog.r ldnrl or netme,roover,EXCEpr patent_te'seivitian?;''E?Eements anct rights-o!-bray, and 1966taxes. AISO EXCEPT a. Mortgag. D*.d-to Emery E. Aibaney ancl Beulah M.Arbaney recorded in the eaitiera county recirds -i.--air.rc 3zr at,page336' and the parties of the tirst-pirt warrant t[it-ttere is presentlvdue and owing on said orligation-tf,I princip"i ""^-"i"s2e,000.00, to-gether rvith interost from frov"rU*r--i, 1965 until paid, Ar,so ExcEpr aIrrortgage Deed securing rhe pro*i"""iy_no!g peyable to Fl0yd E. Bachnananil Helen A. Bachman iecorcled in:iirJ-cartieict'coo.rty-r**ords in Bpok 33sat page zB4, and rhe parries of th6-rii"i-pilt"iii;"""i rhat, rhere r.spresentLy due and owiig on said orugatior,-tire piincip.r so* of g12.s00.00,toqether with-interesr rrom- n"o"-r,or'i.-il.ie s"i"[i"Iiia. both of whichobllgations the parties of rhe seconcl trrart herein hereby assunre.andagree to pay. NO. ?t& WAIRNIT DBBD-1o Jolna tarrntr.-Bndtord,Robltrnon prtlthr cobDlDr. 189{-{6 g6qi Strsr, Dunvor. Colondo ilttr sboy(,rru.ri,rll,ftl Itrenrlgay In tfir.rlulct ardlrclw nuil u.t:l|,na,againat alL nnd {lra rnlrl pnrl i,ea{,f tho first Iltlilrcnblc fgfr,$tiott rf lhr, rrtill (tl L\c {rcord ;urf,, tl,c.itarlcrQtl piltot! or llnrrrqnfi lavtlullt i:Inimhry1 or to chlrn lhq vtlr,lu nr Lty ,'nrb Lhcr, +t,plre ehnll nnil vill \y4lrtrali,f AIiTr Ff,rfi EVEIT D EI,' tJE r t,IN lytlTit#rc lvttttklt014,tbr, i:ald jul .i.gs (,t iri{ f;r, h fnrl ftnve trrro,rntzr r.t fhe i L. har:j s urjdctrl S lha d|ly ilil, yutt fltEL altova wtlLLcn. 6lgtrcd, Iiaalctl unrl Dcllvcrcd lo ilra l,r:encr: of li.!,txLl q1T /t ll lt +Punu*aiF \(, .tr.I f fAl't (rn !r^t ttt, ^ t,r,,- vv..vrirr!v, county or GarfLr-La i;,. Ioregoing fi retrurnunt wnr acknowledged Lcforo mo !h;n 1DON LAwSOti IrYl.ICll dncl CIIBISTII,II Gcxptregl(arch 22 ,te 69 Ir;r,hLl 3tlt-. - - tls:' at .iantiet7. tYUCil , ll'jtners ,ny hsnd aninttlciol Eeat. :to't 7 PiLile : T?.:"frf:: :1 !' lt a t. a e 4t t7 q t e' a'', e 1 r -! t. ra+4.4.1.p)Et We t4.t- tw aa ,rL fi rI I o a{ € lt ti k Recordetl at J:55 P.M- ReceptLon No. 25927L #rr3ffi Book 447 Page 511 ,Recorder. 8o--* Fao $m mowfitlillE Jlrt I e tq7?e L973, HOWARD U. MOTZ of the second WARRANIY DEED - THIS DEED' made this s. 25tlt of betvteen Delta of the part3 County of GarfieLd and State of wI:lNEssETHr that the.shid parties of-the first part, for and in consiaE iiton of, the sum of Ten Dollars and other oood, and valuabl! E""=ia.t"tions to the saiil parties of the EiiItTi"i-in-lina paid. by the saitl PaTty qf tFe second-part, til-;.AiBt wfrereof- is treieby.confessedl -anct acknowledged, haye s;""Ld,-Eirgiinea, s91d and conveyedr ald br t|9se- plesents e;;;."i,-U"igafnr'se1lr, convey an-dl c6nfirm, unto the saLd party of the seoond p"tlr-f,fi'nefis-ind assigns forever, a1]'- the f,oLlowing described rots oi-iaicer, of, Iand, situate, lqing and being i" rlr;-a;unty ot eiiii"fa andl Staie of Colorado, to-wit: :::tilt }i: #g,H; 3i*.r*i4Pg"il.'-1" 20' 22 and 23' seciion zz, 1ot;-i; 3 inif i, and Nptr{r$d ancl wtl{!fk. Together wlth all wateq and water rights,-dj-tches andl'dLtch righti-BJf-r-"gj.;igloi-!"--""-a- in-""n"ictioi wittr-the above described si:h::;i;:1"sirl**;,:*"Iti::"t :s:tli:li.{:TiiiiilF interest in the iiifgi"ii-co-nstructlon of the-Lignite Ditch, with a tike interest inJ;i;;i;v-iaia "ceur5ed pY F19{9-E' Bachman and Helen A. Bachma" ii"tn ""i, Peter fiictren b! wariantv deed recorded in Book 2A4 at p"gZ- iSZ of the Cariiefa C-ounty rec6rds, and-which interest *"" ".q;Li"E-iv-ln"-"uia ieter KirchEn by Executorrs Deed recordted in sook 6a-"t i.S9 375 of, ttre Garfielcl county records; 1lso the first'entargeii"l "i-ift" r,iglite Ditch with all of, Priority No' :llgA, and togeth.Jlitft-.if ot ltre rignts- of, Floyd E. Bachnan and Eelen A. Bachma"-i"-'af[.hes and water-rights and spling and.pipe- line right" ,"pt"l"tfEn-;t-th" tlririt gnlirgeSgnt and extensioir of t5e Lignite Ditch lq". -fOZi, the Eardwick pitch No. 465 and the Beulah Sprlng "tt[ ilfp"fine'now aaiuatcated Ln Cause No' 4914 in the District -couicoi-e"ifl.Id cointyr colorado. ExcePttheinterestheretoforeexceBtedandresetrvedby Ft_ovdl E. Bachna" ina neren A. sachnan ln- trre Lignite Ditch andl ;;;:; ;isffi;;il.r, -tr,"v, or_thetr successors in lnterest' mav olrn as successore in--in[""'.r"t-"f one Peter McGorlick, as describect and set f,orrh in tnafii;;;;il-;".a-rlco;A"d "" Document No' 233134 in Book 3?2 at Big;,;189 Ji tttt Garfield County records' FuRTHEREXCEPTINGfTo:n.the.realEropertyabovedescribedt}rose rwo parcets of i;e-;;"tifit"i 0.85 oi an acre-and 0.04 of an #;":-;;;i!.ii"!iv; 61-tG witei-irghts_desclifeil in that certain ouitclaim deed recorded as Document ilo. L92429 in aook 290 at Page iii oi-tnt earfieLcl county records' FURTHEREXCEPTINGatract.of,].andsl.tuatedintheN*NE*of sec. 22, T. .t s.l-n.^'is-w.r-et1-p.la.' Garf,l-eld county, colorado' lvinq lfesterty oi a county.road as constructed and in place' iililii"i-J"-?"iioi"i- s-"'si"nins-at a point on the westerrv line of said roaa wrreil!-trr"-r.r"iCrte"it-c"i"Ei of said sec ' 22 bear3 Book Page 44? ,L2 N. 89027146" E. 95.95 feet along the-westerry rine of said road;thence s. 32022146' E. 116.54 c6et ariing-tie-westerry line ofsaid roadi therice s. 47047 rOlu E. l42.gi i."t'.rong the westerlyline of said road; thence S. 23"03;r8;-8.-i;; feet along the Westerlyline of said road; thence S. ZLoiZ'fa" w. ii';ee feet; thence N.38040r 37x w. 135.40- fqe!; thence N. 760zrr2g'i -g. 400.20 feet to apoint on the'wesrerry'l1ne of saidt ro.al-t[. poi"i-"t'u"giiir"g,containing 5,I8 acrei of landl, more or iess. - 'FURTHER ExcBprrNc tbose rands J.n tots 2, gr 5 and NETNWL ofseg' 22, T.9 s:l R..89 w.' 6th p.M., d,escribedt-ana contii"ud i"oak Meadows subdivlgiolr Filing wumbir oner-iecorded as DoermlentNo. 24148s in plar Book 3 ar rise 5t of ch; A;"ir;id c;u"-rt--records' and conta:i-ni|g 6s.,26 aEres 91 1ina, rnor" or teJsr'moreparticularly descrlbedl-as follows: Beginniirs at tlre Northone-guarter cofner of sectiod 22, T. 7 s., nl gg w. of tte gtr,P.M. from whencg _the Norttrwest cornetr of iaidl section bJir"-"r,Azimuth of 2?0or5t22n a distance oi ieii.si-it.;-;iril ;II-- *' 3zlTglh: from srld uorrh in a crochdse -dri""ii"n rilea-on trrellodified state plane coorcrinate-systemr thence 00o15, 2;",r-- ao.oofeet; ttrencil 90015'?z',, 200,00 fe-eti tfrentE-arong the ""i Ji-acurve to ttre left whose radius ot_7i5.01 feet; "ia wfr""E-fong',,,chord has an AZ-of _82004106',, a dJ.stance oi-iez.20 i;;[; *rei.u 71:52! 11"''197 .86 feeti rtrenie LL6'29;,i',,-gsi.ez e"Jir..rhe-il; ?1119?,?5,j , 403.36 feer; rhence raz-gotoe ,'1,-Iis.eo feJir -Ur"nr. l??:lq:9q::, 130.?1 feet; thentse lsootc'06"; aog.tr e."ii th;;"\1?'?!'95': , 431.95 f,eet; thence 181012'ii,,i ieo.gr -Aa; U;;;" ?9?:??r00rr', 1310.45 feet; thence OIoO8r50''' eia.q- i;;a; th;;" l1:99 :f q" , 292.4t feet; thence 346054 '37,, , ' 4gi. Zi teeii'rfi;;lll:lq:9?::, 2t7 .5e feet; thence 30so15,27fr , -iig.re reei; -l*,L"i" ?!9:?t'56", 284.70 feet; thence 345oII,29"', tte:tt -;a; th;;.99il?'?2", 80.00 feet;.thence 90ot5f 22,,, 506.gZ teeii tir""c" - 180ol5t22,', 40.00 feet'to the point oi f,"gin"irrg.=--' , :iclri ' l ) ) ". of FURIEER EXCEPTING all Thatdeed recordedl as Document No. plgperty described Ln waranty 251262 in Book 423 at page 221. EXCEPFURTHER [TNG and.al oi.I 1any ottrerancl9assreervedLntedUnLtastesPatentsandI 1n previous conveyances -2- \j I Ji..' Book 447 Page flJ a.llrportions of the property herein hefetofcire been conveyed by grantors to i ' TOGETEER with all- and singular the hereditaments and appurtenantg theretb belongLng, or in anywise appertaining' and ttre reversion and reversions, remainder and rernainder5, rentst issues and profits thereof,l and aL1 the estate, right' titler.- interestr.'c-laim and demand whateoever of the said parties of the first pirtl either in law or equity, oft in and to the above bargainedl premises, with the hereditanents and appurtenances. TO HAVE At{D TO nbf.p ttre said premises above bargained and describedl with the appurtenances, unto the said palty- oi ttre secondl part; his ir-eirs and assigns forever. Antl the said larties of the firit partl for themselves, their heirsr €x€outors'l and-"arini"trators' do coienarrt, grantT bargain, and agree to and with the saidl party of the second Fartr his heirs and assigns'- that at the tlne of, ttre ensealing and delivery of these presents, they wetl seized of the premises above conveyedl as of good, gure' per?ect, .absolute arid indtefeasible estate of inheritance, in law' in-t." iirnple, and, have good right, fulL.Poel-er and lawf,ul authority .E; F;nt; iiiiain, sell indt coniey-the sale in 4anner and-f,orm as af,oiesaiil, an6 thit the sane are free and clear from aLL f,orndr ina otUer grants, bargains, sales, Iiens'tdxesr ESS€estrtents and encurabrances of whatever kind or nature soeverr subject to reserva- tions and exceptions contained Ln Unl.tedl Stateq Patent and to taxes i;;til Veai f'92g, due ancl triayable in. !,974, -and the above bargaLnedl pie*fses-in the qiltet andl pba-eab1e pbssessiol of the said party-ot tfre secondl pait, his heirs and assigns against aII and every person or personE lawf,ully.claiming gr-to claim the whole or inv part tirereof , the saidl part!.es-of the first part shall andl wi].l WARRN{T Al{D FORE|\TER DEFEND. IN !{ITNESS I{HEREOF, the said parties of the first part have hereunto set their hand and seals the dlay and year first above written. grantee. STATE OF COI.OR,ADO COI'NTY OF DEI,TA ss. My conuitission expires: March 20, Li77 VII:INESS rny hand and official seal ' ) ) ) ,:.r:i--acknowledged by IIAROLD H.me a e)o frr -3- 784207 O4|A?/2O1O0347:57 PM Page I of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $1 1.00 Doc Fee: $0.00 eRecorded County of Garfi eld, Srate of Cotorado Signedthis "4a/day of Aprit, 2010. MINERALDEED . . Do1 Laywqon Lynch rnd lbriqne !. Lynch, as Grantors, for good and valuableconsideration, in hand paid, her:b.y Bgl ."J d;;t;Dr; L. Lynch and Chrisrine G.Lynch, or successors, Trustee of tfie non t. r,v".,ii-icr,ristine G. Lynch Joinr Livinsrrust dared November 30, 200? as amended;;ilr;d;ilbtb;;;; il.. !.",8 Glenwood springE, co gl60t, crmt""", in'rh.'r"rr"*ilii.p"nions mineral interestsin the County of Garfield and dtarc .f cj;;;,i;;it,'^" Arr ofthe Grantors'right, tirre and intcrcer in and to the oil, gas and mineral rightsin' on and under and that mayicp.aur"a Fo:riito.il-.ip.p"nies described as: Parcel I: l*Tl,_!_0:.!1, !2, 13, 14, ts, t8, 19, 20,22 and23of Scotion ls; the SE1/4NEt/4,NEI/4SE!/4, SWt/4NEl/4 and sEr/4sil/4 "rGti"" iilr,ots 2, 3 and 5 andNEt/4Nwr/4 and wr/2NWr/4 of section z, "r i"i"*"!hip 7 south, Range 89 westof the 6h prirrcipal Meridian: rrecordedt;;"{,-ii;6;ilil#T"Tff:Hl##,il:;.rril:;.",r:l|#b*o Parcel Il: NEI/4swl/4 of scction 15 and NEr/4Nwl/4 of section 22, alr in Township 8 sourh,Range 89 west of rhe 6th principar r"reriaian, as moie il"Jlc"rry gescribed and ser forlhin Deed rccorded January 14, ti66 as n".rpit* No,*Iiinflirie;;;;;;fis,; '-"' #*#kf4",t- By_Ctuistinc G. Lyich, as attomey in fact, Lynch STATE OF COLORADO COTNTY OF GARFIELD Itt foregoing 10, my hand and oflicial seal. Mycommission e*p"o, / fr - A,/- /,!// tv2wt ss, was before day of ,l ruRtYX 'i ",.iI :, /" '- '..:: .i . ./1,.-"- h-i} s _{< ! i' i 1.,.. " l lt -t .i - -a \- :*-.,.. -- * f\) u,o E n- I N'ooq ti =e = C) 3 cpv ={.5Flftf,szr(! 'dP HZ(Ed ur I ln-I e o IT E-e e r- s 0Iz - :xls9tEt!3 illisillle iiliF EEIii i;lil ;sliF - p n; E! nI g Section 2 Cover Letter and Project Description l G MB\ LNGINEE RING & SURVEYING 970-945-2s50 lOOl Gronrj Avenue. Ste OOj Gtenwoocl $pring*. CO 816Oi GomboEngineering.com fanuary 3,2023 Philip Berry, Principal Planner Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Oak Meadows Ranch, Filing 4, Phase 3 - Final Plat Application Dear Philip: On behalf of Gary f ohnson, Gamba & Associates, Inc. (Gamba) hereby submits this application for Final Plat of the proposed development of Oak Meadows Ranch, Filing 4, Phase 3. The Final platApplication includes the developmentof 25 single family residential lots, with a median lot size is 10,632 sq. ft, The development also includes the construction general development related infrastructure such as a road, domestic water, sanitary sewer, storm drainage, and shallow utilities (gas, electric, tele-communications). The County's affordable housing requirements are addressed. This is the final planned phase of development within the Oak Meadows Ranch Subdivision. Construction is anticipated to begin in2023. If you have any questions or need additional information, please contact us, Sincerely, Gamba & Associates, Inc ichael Gamba, P.E. & P.L.S.28036 H:\03 385\2020\Permitting\Final Platdoc Oak Meadows Ranch P.U.D. - Filing 4 - Phqse 2, Garfield County, Colorqdo Proj ect Description- January 3, 2 02 3 Page 1 of 1 {')' Section 3 Improvements Agreement SUBDIVISION IMPROVEMENTS AGREEMENT THIS SUBDIVISION IMPROVEMENTS AGREEMENT (SIA) is made and entered into this dav of _, by and between OAK MEADOWS, FILING 4, PHASE 3 LLC (Owner) and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COL|NTY, COLORADO, acting for the County of Garfield, State of Colorado, as a body politic and corporate, directly or through its authorized representatives and agents (BOCC). RECITALS Owner is the owner and developer of the Filing 48, Phase III Property (the "Subdivision"), which property is depicted on the Final Plat of Filing 48, Phase III Property recorded on 2023 as Reception No.(Final Plat or Final Plat of the Subdivision). WHEREAS, on July 19,7916, the BOCC, by Resolution No. 76-47 and Resolution No.76-48 approved a planned unit development re-zoning application for Oak Meadows Ranch, Oak Meadows Filing No. 4 according to the plat of Meadows Ranch, Oak Meadows Filing No. 4, recorded January 26, 1977 in Cabinet No. 1, Page 388, as Reception No. 276561, Garfield County, Colorado (the "Oak Meadows Filing No. 4 Plat"); and WHEREAS, Owner is the current owner of certain lands (the "Property") comprising a portion of Area I, Oak Meadows Ranch Filing No. 48, Phase No. III, as such Area I is depicted and described on the Oak Meadows Filing No. 4 Plat; WHEREAS, the Property is an approximately 44.67 acre parcel of land located in Garfield, County, Colorado, and legally described on Exhibit A attached hereto and made a part hereof; WHEREAS, on July 21,2008, the BOCC, by ResolutionNo.2008-95 and recordedas Reception No. 735652, Garfield County, Colorado, approved a preliminary plan for the Properly as "A Resolution Concerned with Approval of a Preliminary Plan for a 25 Lot Phase of a Subdivision Known as 'Oak Meadows Ranch PUD, Filing 4, Phase III' and Property owned by Oak Meadows III, LLC, Garfield County" ("Preliminary Plan Approval") which Preliminary Plan Approval, among other things, would re- subdivide the Property into 25 residential lots, a 32.611 acre common area parcel, and 2.616 acres of quasi-public area; WHEREAS, extensions approved by the BOCC for the recording of a final plat providing for such matters were granted on: (1) August 3,2009 as BOCC Resolution No. 2009-59, recorded as Reception No. 77310, Garfield County, Colorado; (2) June 14,2010 as BOCC Resolution No. 2010-47, recorded as Reception No. 787581, Garfield County, Colorado; (3) June 20,2011 as BOCC Resolution No. 201l-38, recorded as Reception No. 804937; (4) July 1,2013 as BOCC Resolution No. 2013-39, recorded as Reception No. 837610; (5) July 20,2015 as BOCC Resolution No. 2015-36, recorded as Reception No. 865682; (6) July 10,2011as BOCC Resolution No. 2017-35, recorded as Reception No. 895833; (7) July 22,2019 as BOCC Resolution No. 2019-42, recorded as Reception No. 804937; and 't .., , (8)2022 as BOCC Resolution No recorded as Reception No and WHEREAS, on the BOCC, by Resolution No. _ attd reuurded as Reception No. _, Garfield County, Colorado, approved an amendment to the Preliminary Plan Approval for the Property which included a revised preliminary plan for the Property providing for a reconfiguration ofthe Propefty's planned 25 residential lots; WHEREAS, in connection with the Prelirninary Plan Approval, as amended, Owner now desires to record the Final Plat of Oak Meadows Ranch, Filing No. 4, Phase III ("Final Plat"); and WHEREAS, as a condition of approval of the Final Plat submitted by Owner to the BOCC for approval as required by the laws of the State of Colorado, Owner wishes to enter into this Agreement with the BOCC;and WHEREAS, on October 4,2022, the BOCC, by Resolution No.2022-34, recorded at Reception Number 979968 of the real estate records of Garfield County, Colorado and incorporated by this reference, approved a preliminary plan for the Subdivision which, amol-lg other things, would create twenty-five (25) single-family residential lots and three (3) open space/common area parcels (Preliminary Plan Approval). WHEREAS, on the BOCC, by Resolution No and recorded as Reception No Garfield County, Colorado, approved the Final Plat of Oak Meadows Ranch, Filing No. 4, Phase III, which was recorded as Reception No. ("Final Plat"); and on 2023 WHEREAS, as a condition precedent to the approval of the Final Plat submitted to the BOCC as required by the laws of the State of Colorado and by the Garfield County Land Use and Developtnent Code, as arnended (LUDC), Owner wishes to enter into this SIA with the BOCC. WHEREAS, Owner has agreed to execute and deliver a letter of credit or other security in a form satisfactory to the BOCC to secure and guarantee Owner's performance under this Agreement and has agreed to certain restrictions and conditions regarding the sale of properties and issuance of building permits and certificates of occupancy within the sLrbdivision, all as more fully set forlh below. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises contained herein, the BOCC and Owner (Parties) agree as follows: AGREEMENT FINAL PLAT APPROVAL. The BOCC hereby accepts and approves the Final Plat of the c,,Ll:.,:^:^- ^.^ .L^ l^+^ ^^+ f^..rL ^L^.,^ ^,,L:^^r .^ iL^ .^-*^ ^^l ^^-.Ji+i^-^ ^l'rL:^ Cr A tL^JLtUUlVl5luil, Uil Utg Uatt SEt lut Ul AUUVtrr bt,lUJELt LU liltr Ltrtills dilU L.UilLiluurrJ Ul Lnr5 Jln, LilS Preliminary Plan Approval, and the requirements of the LUDC and any other governmental or quasi-governmentai reguiations appiicable to the Subdivision (Finai Piat Approval). Recorciing of the Final Plat in the records of the Garfield CoLrnty Clerk and Recorder shall be in accordance with this SIA and at the time prescrihed herein. OWNERS PERFORMANCE AS TO SLTBDIVISION IMPROVEMDNTS. a. Cornpletion Date/Substantial Compliance. Owner shall cause to be constructed and I ) installed the subdivision improvements, identified in the Exhibits defined in subparagraph 2.a.i., below (Subdivision Improvements) at Owner's expense, including payment of fees required by Garfield County and/or other governmental and quasi- governmental entities with regulatory jurisdiction over the Subdivision. The Subdivision Improvements [1F REVEGETATION REQUIRED: except for revegetation,] shall be completed on or before the end of the first full year following execution of this SIA ("Completion Date"), in substantial compliance with the following: i. Plans marked Approved for Construction for alt Subdivision Improvements prepared by to the BOCC on and submitted b 20_, such plans being summarized in the list of drawings attached to and made a part of this SIA by reference as Exhibit A; the estimate of cost of completion, certified by and bearing the stamp of Owner's professional engineer licensed in the State of Colorado (Owner's Engineer), attached to and made a part of this SIA by reference as Exhibit B, which estimate shall include an additional 10% percent of the total for contingencies; and all other documentation required to be submitted along with the Final Plat under pertinent sections of the LUDC (Final Plat Documents). ii. All requirements of the Preliminary Plan Approval. iii. All laws, regulations, orders, resolutions and requirements of Garfield Cor.rnty and all special districts and any other governmental entity or quasi-governmental authorities with jurisdiction. iv. The provisions of this SlA. Satisfaction of Subdivision Imorovements Provisions. The BOCC agrees that if all Subdivision Improvements are constructed and installed in accordance with this paragraph 2; the record drawings have been submitted upon completion of the Subdivision Improvements, as detailed in paragraph 3(c), below; and all other requirements of this SIA have been met, then the Owner shall be deemed to have satisfied all terms and conditions of the Preliminary Plan Approval, the Final Plat Documents and the LUDDC. with respect to the installation of Subdivision Improvetnents. SECURITY FOR SUBDIVISION IMPROVEMENTS (EXCEPT RE.VEGETATION). l. Subdivision Improvements Letter of Credit and Substitute Collateral. As security for Owner's obligation to complete the Subdivision Improvements IIF REVEGETATION REQUIRED; other than revegetation,l Olvner shall deliver to the BOCC, on or before the date of recording of the Final Plat of the Subdivision, a Letter of Credit in the forrn agreed to be acceptable to the BOCC, attached to and incolporated in this SIA by reference as Exhibit C (LOC) or in a form consistent with the Uniform Commercial Code, C.R.S. $ 4-l-101, et seq. and approved by the BOCC. The LOC shall be in the amount of $( full estimate ), representing the full estimated cost of completing the Subdivision Improvements [and] [revegetation], with a sufficient contingency to cover cost changes, unforeseen costs and other variables (not less Ihan 10%o of the estimated cost and as approved by the BOCC), [minus $( cost of cornplete , the cost of Subdivision Improvements already completed as of the date of execution of this SIA, i.e. $( reduced amount )1, as set forth and certified by Owner's Engineer on Exhibit B lor B-Il, if separate documentsl, to guarantee completion of the SLrbdivision Improvements. The LOC shall be valid for a minimum of six (6) months beyond the Completion Date for the Subdivision Improvements set forth in Paraglaph 2.a., above. 3. 2 The BOCC, at its sole option, may permit the Owner to substitute collateral other than a Letter of Credit, in a form acceptable to the BOCC, for the purpose of securing the completion of the Subdivision Improveurents subject of this Palagraph 3.a. LOC Requiretttcnts atrd Plal. Recording. The LOC required by this SIA shall be issued by a state or national banking institution acceptable to the BOCC. If the institution issuing the LOC is not licensed in the State of Colorado and transacting business within the State of Colorado. the LOC shall be confirmed within the meaning of the Uniform Commercial Code, Letters of Credit, 4-5-101, et seq., C.R.S., as amended, by a bank that is licensed to do business in the State of Colorado, doing business in Colorado, and acceptable to the BOCC. The LOC shall statethat presentation of drafts drawn underthe LOC shall be at an office of the issuer or confirmer located in the State of Colorado. The Final Plat of the Subdivision shall not be recorded until the security, described in this paragraph 3 IIF RE'I/EGETATION REQUIRED. and the security for revegetation described in paragraph 4, belowl has been received and approved by the BOCC. Extension of LOC Expiration Date. If the Completion Date, identified in paragraph2.a.. above, is extended by a written amendment to this SIA, the time period for the validity of the LOC shall be similarly extended by the Owner. For each six (6) month extension, at the sole option of tlie BOCC, the face amount of the LOC shall be subject to re- certification by Owner's Engineer of the cost of completion and review by the BOCC. Unenforceable LOC. Should the LOC expire or become void or unenforceable for any reason, including bankruptcy of the Owner or the financial institution issuing or confirming the LOC, prior to the BOCC's approval of Owner's Engineer's cerlification of completion of the Subdivision Improvements, this SIA shall become void and of no Iorce and ellect and the Final Plat shall be vacated pursuant to the terms of this SIA. Partial Releases of Security. Owner may request partial releases of the LOC, and shall do so by means of submission to the Building and Planning Departrnent of a "Written Request for Partial Release of LOC", in the forrr-r attached to and incorporated by this reference as Exhibit D, accompanied by the Owner's Engineer's stamped certificate of partial completion of improvements. The Owner's Engineer's seal shall certify that the Subdivision Improvements have been constnrcted in accordanee with the requirements of this SIA, including all Final Plat Documents and the Preliminary Plan Approval. Owner may also request release for a porlion of the security upon proof that l) Owner has a valid contract with a public utility company regulated by the Colorado Public Utilities Commission obligating such company to install ceftain utility lines; and 2) Owner has paid to the utility company the cost of installation as required by the contract. The BOCC shall authorize successive releases of portions of the face amollnt of the LOC as porlions of the Subdivision Improvements, dealt with in this Paragraph 3, are certified as complete to the BOCC by the Owner's Engineer and said certification is approved by the BOCC. BOCC's Invcstigation. Notwithstanding thc forcgoing, upon submission of the Owner's Written Request for Partial Release of LOC, along with Owner's Engineer's certificate of partial completion of improvements, the BOCC may review the certification and may inspect and review the Subdivision lmprovements certitied as complete to determine whether or not they have been constructed in compliance with relevant specifications, as follows: a. If no letter of potential deficiency is furnished to Owner by the BOCC lvithin fifteen (15) business days of submission of Owncr's Written Request for Partial Release of LOC, accompanied by Owner's J 4 5 6 ,7 Engineer's certificate of parlial completion of improvements, all Subdivision Improvements cerlified as complete shall be deemed approved by the BOCC, and the BOCC shall authorize release of the appropriate amount of security. b. If the BOCC chooses to inspect and determines that all or a portion of the Subdivision Improvements certified as complete are not in compliance with the relevant specifications, the BOCC shall furnish a letter of potential deficiency to the Owner, within fifteen (15) business days of submission of Owner's Written Request for Partial Release of LOC, accompanied by Owner's Engineer's ceftificate of partial completion of improvements. c. If a letter of potential deficiency is issued identifying a poftion of the certified Subdivision Improvements as potentially deficient, then all Subdivision Improvements not identified as potentially deficient shall be deemed approved by the BOCC, and the BOCC shall authorize release of the amount of security related to the Subdivision Improvements certified as complete and not identified as potentially deficient. d. With respect to Subdivision Improvements identified as potentially deficient in a letter of potential deficiency, the BOCC shall have thirty (30) days from the date of the letterto complete the initial investigation, begun under subparagraph 3.f.ii., above, and provide written confirmation of the deficiency(ies) to the Owner. e. If the BOCC finds that the Subdivision Improvements are complete, in compliance with the relevant specifications, then the appropriate amount of security shall be authorized for release within ten (10) business days after completion of such investigation. BOCC Completion of Improvements and Other Remedies. If the BOCC finds, within the thirty (30) day period of time, defined in subparagraph 3.f.iv. above, that the Subdivision Improvements are not complete, or if the BOCC determines that the Owner will not or cannot construct any or all of the Subdivision Improvements, whether or not Owner has subrnitted a written request for release of LOC, the BOCC may withdraw and employ from the LOC such funds as may be necessary to construct the Subdivision Improvements in accordance with the specifications, up to the face amount or remaining face amount of the LOC. In such event, the BOCC shall make a written finding regarding Owner's failure to comply with this SIA prior to requesting payment from the LOC, in accordance with the provisions of Article 13 of the LUDC. In lieu of or in addition to drawing on the LOC, the BOCC may bring an action for injunctive relief or damages for the Owner's failure to adhere to the provisions of this SIA regarding Subdivision Improvements. The BOCC shall provide the Owner a reasonable time to cure any identified deficiency(ies) prior to requesting payment from the LOC or filing a civil action. Final Release of Security. Upon completion of all Subdivision Improvements', l,IF REVEGETATION REQUIRED; other than revegetalion,lflF OFF-SITE REQUIRED: and including off-site improvements,] Owner shall submit to the BOCC, through the Community Development Department: l) record drawings bearing the stamp of Owner's Engineer cerlifying that all Subdivision Improvements FF OFF-SITE REQUIRED: including off-site improvements,] have been constructed in accordance with the requirements of this SIA, including all Final Plat Documents and the Preliminary Plan 8 Approval, in hard copy and digital format acceptable to the BOCC; 2) copies of instruments conveying real property and other interests which Owner is obligated to convey to tl,e Houreowner's Association of the Subdivision [or any statutory special district or other entityl at the time of Final Plat Approval [. unless escrowed in accordance with paragraph _ below]; and 3) a Written Request for Final Release of LOC, in the form attached to and incorporated herein as Exhibit E, along with Owner's Engineer's stamp and certificate of final completion of improvements. a. The BOCC shall authorize a final release of the LOC after the Subdivision Improvements are certified as final to the BOCC by the Owner's Engineer and said final certification is approved by the BOCC. If the BOCC finds that the Subdivision Improvements are complete, in accordance with the relevant specifications, the BOCC shall aLrthorize release of the final amount of security, within ten (10) business days following submission of the Owner's Written Request for Final Release of LOC accompanied by the other documents required by this paragraph 3.h. b. Notwithstanding the foregoing, upon Owner's Written Request for Final Release of LOC, accompanied by Owner's Engineer's certificate of final completion of improvements, the BOCC may inspect and review the Subdivision Improvements certified as complete. If the BOCC does so review and inspect, the process contained in paragraph 3.f., above, shall be followed. c. If the BOCC finds that the Subdivision Improvements are complete, in acoordance with the relevant specifications, the BOCC shall authorize final release of security within ten (10) days after completion of such investigation. d. If the BOCC finds that the Subdivision Improvernents are not complete, in accordance with the relevant specifications, the BOCC may complete remaining Subdivision Improvements, or institute court action in accordance with the process outlined in paragraph 3.g., above. 4. SECURITY FOR REVEGETATION (If Required). 1. Revegetation LOC and Substitute Collateral.of the face amount of the LOC, specified in Paragraph 3a above, shall be allocated to revegetation of disturbed areas within the Subdivision (Revegetafion LOC), the cost fcrr which is detailed as a subdivision improvement in Exhibit B.l [Revegetation of disturbed areas in the Subdivision" the costs tbr which is detailed as a subdivision improvement in Exhibit B, shall be secured by delivery of a Letter of Credit from the Owner to the BOCC in the form agreed to be acceptable to the BOCC, attached to and incorporated in this SIA by reference as Exhibit C-l (Revegetation LOC).1 The Revegetation LOC shall be valid for a minimum of two (2) years following recording of the Final Plat. The BOCC, at its sole option may permit the Owner to substitute collateral other than a Letter of Credit, in a form acceptable to the BOCC, for the purpose of securing the completion of revegetation. Revesetation LOC General Provisions. The provisions of paragraphs 3.b., 3.c. and 3.d., above, dealing with Letter of Credit requirements, extension of expiration dates, increase in face amounts, plat recording and plat vacating shall apply to the Revegetation LOC. Revegetation Review and Notice of Deficiency. Upon establishment of revegetation, the 2. J 4. Owner shall request review of the revegetation work by the Garfield County Vegetation Management Department, by telephone or in writing. Such review shall be for the purpose of verification of success of revegetation and reclamation in accordance with the Garfield County Weed Management Plan 2000, adopted by Resolution No. 2002-94 and recorded in the Office of the Garfield County Clerk and Recorder as Reception No. 580572, as amended, and the revegetation/reclamation plan titled and dated for the Subdivision submitted [as part of the Final Plat Documents] [for Preliminary Plan Approval]. If the Vegetation Management Department refuses approval and provides written notice of deficiency(ies), the Owner shall cure such deficiency(ies) by further revegetation efforts, approved by the Vegetation Management Depaftment, as such efforls may be instituted within the two (2) years following recording of the Final Plat. Sinsle Request for Release of Revegetation LOC. Following receipt of written approval of the Vegetation Management Department, the Owner may request release of the Revegetation LOC and shall do so by means of submission to the BOCC, through the Building and Planning Department, of a Written Request for Release of Revegetation LOC, in the form attached to and incorporated herein by reference as Exhibit F, along with certification of completion by the Owner, or Owner's agent with knowledge, and a copy of the written approval of the Vegetation Management Department. It is specifically understood by the parties that the Revegetation LOC is not subject to successive pallial releases, as authorized in paragraph 3.e., above. Fu(her, the Revegetation LOC and the BOCC's associated rights to withdraw funds and bring a court action may survive final release of the LOC securing other Subdivision Improvements, defined in paragraph 3.a., above. BOCC's Completion of Revegetation and Other Remedies. If Owner's revegetation efforts are deemed by the BOCC to be unsuccessful, in the sole opinion of the BOCC upon the recommendation of the Vegetation Management Department, or if the BOCC determines that the Owner will not or cannot complete revegetation, the BOCC, in its discretion, may withdraw and employ from the Revegetation LOC such funds as may be necessary to carry out the revegetation work, up to the face amount of the Revegetation LOC. ln lieu of or in addition to drawing on the Revegetation LOC, the BOCC may bring an action for injunctive relief or damages for the Owner's failure to adhere to the provisions of this SIA related to revegetation. The BOCC shall provide the Owner a reasonable time to cure any identified deficiency prior to reqttesting payment from the Revegetation LOC or filing a civil action. 5 5.WATER SUPPLY AND WASTEWATER COLLECTION. The Properfy is subject to the tenns and conditions of the "Oak Meadows Reorganization Agreemenl" recorded Augustl 1, 1995 in Book 950 at Page 56, and at Reception No.481864 ("Reorganization Agreement"). The Reorganization Agreement provides for, among other things, the prior installation, operation, use, and maintenance of a water system and a sanitary sewer system which provide for potable water and sanitary sewer service to the Property. Owner has installed, or will install, a water distribution system on the Property for potable water service in accordance with approved plans and specifications prior to the execution of this Agreement. Owner has provided water storage facilities, available for fire protection. Owner has installed, or will install, a wastewater/sewer collection system on the Property in accordance with approved plans and specifications. All easements and rights of way necessary for installation, operation, service, and maintenance of such water supply and distribution system and wastewater collection system are established as depicted on the Final Plat. PUBLIC ROADS. All roads within Oak Meadows Ranch. Filing No. 4, Phase III shall be dedicated to the public as rights of way. Pursuant to the "General Declaration for Oak Meadotvs Ranch Garfield County, Colorado" recorded January 26, 1977 in Book 492 at Page 894, at Reception No. 276560, Garfield County, Colorado, as amended by the "Restatement of Section 4 B of General Declaration for Oak Meadows Ranch Garfield County, Colorado" recorded March 21, 2979 in Book 521 at Page 932, and at Reception No. 292809, Garfield County, Colorado, and the Reorganization Agreement, the Oak Meadows Homeowner's Association, a Colorado nonprofit corporation (the "Homeowners Association") shall be solely responsible for the maintenance, repair and upkeep of said rights of way, including the traveled surface of the roadways and portions of the rights of way or.rtside of the traveled surface. The BOCC shall not be obligated to maintain any road rights of way within Oak Meadows Ranch, Filing No. 4, Phase III. The dedication of the road rights of way by the Owner and acceptance thereof by the BOCC, on behalf of the public, shall bc shown on the Irinal Plat. PUBLIC UTILITY RIGHTS-OF-WAY. Whether or not utility easements exist elsewhere in the Subdivision, all road rights-of-way within the Subdivision shall contain rights-of-way for installation and maintenance of utilities. Public utility easements shall be dedicated by the Owner to the public utilities on the face of the Final Plat, subject to the Garfield County Road and Right- of-Way Use Regulations, recorded as Reception No. 643411, in the records of the Garfield County Clerk and Recorder, as amended. The Homeowner's Association of the Subdivision shatl be solely responsible for the maintenance, repair and upkeep of said public Lttility easements, unless otherwise agreed to with the public utility company(ies). The BOCC shall not be obligatecl for the maintenance, repair and upkeep of any utility easement within the Subdivision. In the event a utility company, whether publicly or privately owned, requires conveyance of the easements dedicated ott tlte face ol the Final Plat by separate document, Owner shall execr.rte ancl record the required conveyance documents. CONVEYANCE OF OPEN SPACE. The common open space parcel(s) identified on the Final Plat of the Subdivision shall be conveyed by Owner to the Homeowner's Association at the time ol Final Plat Apnroval. Owner shall denosit with the Garfield Cnrrnhr Clerk and Rennrderrf - _ -_-_ execttted original(s) of the instrument(s) of conveyance for recordation following recording of the iiinai Piat an<i tiris SIA. INDEMNITY. The O'.vner shall indemnily anC holC the BOCC harrnless and del-end the BOCC from all claims which may arise as a result of the Owner's installation of the Subdivision Improvements [including off-site improvements and revegetation] and any other agreement or obligation of Owner, related to development of the Subdivision, required pursuant to this SIA. Thc Owner, however, does not irrdemuity the BOCC for claiurs rnade asserting that the standards imposed by the BOCC are improper or the cause of the injury asserted, or from claims rvhich may 7 6. 8. 9. 13 10. 11. t2 14. 15. arise from the negligent acts or omissions of the BOCC or its employees. The BOCC shall notify the Owner of receipt by the BOCC of a notice of claim or a notice of intent to sue, and the BOCC shall afford the Owner the option of defending any such claim or action. Failure to notify and provide such written option to the Owner shall extinguish the BOCC's rights under this paragraph. Nothing in this paragraph shall be construed to constitute a waiver of governmental immunity granted to the BOCC by Colorado statutes and case law' ROAD IMPACT FEE. Road Impact Fees will be due at the time of building permit and will be assessed in relation to the square footage and type of dwelling unit or other structure that is proposed. DEDICATION OF SCHOOL LAND. Owner's predecessor in interest, Redstone Corporation, conveyed atract of land consisting of a portion of Oak Meadows Ranch, Filing No. 4. for the use and benefit of Roaring Fork School District RE-l by deed recorded as Reception No. 310295, Book 561, Pages 987 and 988 in the records of the Clerk and Recorder of Garfield County, Colorado, which conveyance was in full satisfaction of any school land dedication requirements with respect to Final Plat Approval. SALE OF LOTS. No lots, tracts, or parcels within the Subdivision may be separately conveyed prior to recording of the Final Plat in the records of the Garfield County Clerk and Recorder. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one remedy for breach of this SIA, the BOCC may withhold issuance of building permits for any residence or other habitable structure to be constructed within the Subdivision. Further, no building perrnit shall be issued unless the Owner demonstrates to the satisfaction of the Fire Protection District (District), if the Fire District has so required, that there is adequate water available to the construction site for the District's purposes [and all applicable District fees have been paid to the Districtl. No certificates of occupancy shall issue for any habitable building or structnre, including residences, within the Subdivision until all Subdivision Improvements [, except revegetation][and including off-site improvements,] have been completed and are operational as required by this SIA. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms of this SIA, the BOCC shall have the ability to vacate the Final Plat as it pertains to any lots for which building permits have not been issued. As to lots for which building permits have been issued, the Plat shall not be vacated and shall remain valid. In such event, the Owner shall provide the BOCC a plat, suitable for recording. showing the location by surveyed legal description of any portion of the Final Plat so vacated by action of the BOCC. If such a Plat is not signed by the BOCC and recorded, or if such Plat is not provided by the Owner, the BOCC may vacate the Final Plat, or portions thereof, by resolution. [t is specifically agreed that this paragraph -applies to the Subdivision as a multi-phased project and, therefore, in the event the BOCC vacates the Final Plat as to the Subdivision, subject of this SIA, the BOCC may also withhold approval of a proposed final plat for a future phase, if Subdivision Improvements [, including off-site improvements,] [and revegetation,] covered by this SIA are not completely installed and operable.l ENFORCEMENT. In addition to any rights provided by Colorado statute, the withholding of building permits and certificates of occupancy, provided for in paragraph 13, above, the provisions for release of security, detailed in paragraph 3, above, and the provisions for plat vacation, detailed in paragraph 14, above, it is mutually agreed by the BOCC and the Owner, that the BOCC, without making an election of remedies, and any purchaser of any lot within the Subdivision shall have the authority to bring an action in the Garfield County District Court to compel enforcement of this SIA. Nothing in this SIA, however, shall be interpreted to reqLrire the BOCC to bring an action for enforcement or to withhold permits or ceftificates or to withdraw 16. 17. 18. 19. unused security or to vacate the Final Plat or a portion thereof, nor shall this paragraph or any other provision of this SIA be interpreted to permit the purchaser of a lot to file an action against the BOCC. NOTICE BY RECORDATION. This SIA shall be recorded in the Office of the Garfield County Clcrk and Rccorder and shall be a covenant running with title to all lots, tracts and parcels within the Subdivision. Such recording shall constitute notice to prospective purchasers and other interested persons as to the terms and provisions of this SIA. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall be binding upon and inure to the benefit of the successors and assigns of the Owner and the BOCC. CONTRACT ADMINISTRATION AND NOTICE PROVISIONS. The representatives of the Owner and the BOCC, identified below, are authorized as contract administrators and notice recipients. Notices required or pennitted b1, this SIA shall be in ivriting and shall be effoctive upon the date of delivery, orattempted delivery if delivery is refused. Delivery shall be made in person, by certified return receipt requested U.S. Mail, receipted delivery service, or facsimile transmission, addressed to the authorized representatives of the BOCC and the Owner at the address or facsimile nurnber set forth below: Owner: Gary M. Johnson Oak Meadows, Filing 4, Phase 3 LLC 320 Big Pinon Dr. Basalt, CO 81621 w/copy to, Chad J. Lee, Esq. Johnston Van Arsdale Martin, PLLC PO Box 878 Glenwood Springs, CO 81602 BOCC: Board of County Commissioners of Garfield County, Colorado c/o Commrrnity Development Director 108 8'h Street, Suite 401 Glenwood Springs, CO 81601 Phone: (910)945-8212 Fax: (910)384-3470 AMENDMENT AND SUBSTITUTION OF SECURITY. This SIA may be rnodit'ied, but only in writing signed by the parties hereto, as their interests then appear. Any sr.rch amendment, including, by way of example, extension of the Completion Date, substitution of the form of security, or approval of a change in the identity ol the security provicler/issLrer, shall be considerec! by the BOCC at. a schedulec! pLrblic lneeting. Il-sLrch an amenclment includes a change in the identity of thc providcr/issucr of security, due to a conveyance of the Subdivisiou by the f'\..,--' fn o c'nnac.^. :- ;-+^-^-+ /.'r,.,-^- ^L^ll ^-^.,:l ^f rL^ -^^^-l^i ^^^1^^^^-t!v o ru!wLr.rrrr lrr ill!vrvJr, vrvrr!l Jrrqll pruvruv d lupJ ur ulE lgLUlltgu aS:llBlllllglll. document(s) to the BOCC, along with the original security instrurment. Notwithstanding the foregoing, the parties may change the identification of notice recipients and contract administrators and the contact information provided in paragraph 18, above, in accordance with tlte prt-rvisions ol that paragraph and without formal amendment of this SIA and without consideration at a BOCC meeting. 20.COUNTERPARTS. This SIA may be executed in counterparts, each of which shall be deemed an original, and all of which, when taken together, shall be deemed one and the same instrument. 21.VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this SIA shall lie with the District Court of Garfield County, Colorado, and this SIA shall be construed according to the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have signed this SIA to be effective upon the date of Final Plat Approval for the Subdivision. ATTEST: Filing 4, Phase 3 LLC, Owner of the Subdivision, this _ day of WITNESS my hand and official seal. My commission expires BOARD OF COUNTY COMMISSIONERS oF GARFTELD COUNTY, COLORADO 2023 By Clerk to the Board Chairman Date: oAK MEADOWS' FILING 4, PHASE 3 LLC' a Colorado limited liability company By Gary M. Johnson, Managing Member Date STATE OF COLORADO ) )ss COUNTY OF GARFIELD ) Subscribed and sworn to before me by Gary M. Johnson, an authorized representative of Oak Meadows, Notary Public Section 4 Final Plan Map a a I 4EE g 4 E iT ILlr 3oi2 EI6sOrz:f )z b0dE tr n.3 FINAL PLAN MAP OAK MEADOWS RANCH, FILING No. 4, PHASE 3 (flnqft 0? DtDkfio{ fiD omnsHt: A porlion ol Arco I Oak Meodowr Ronch . Ook f,leodows Flllng llo.4, o: recorded ol Receptlon l{unber 275561 ln the 0tllce ol ilre Gorlleld Counly (lerk ond Recorder, Seclion 15, Iownship 7 Soufi, Ronge 89 We$ ol the 6ft Prlnclpol tleddion, Godield County, Colorudo a F6l dr hid hd i^ ko^ 15i T.mhip 7 $fri toq a9 wd d h S Pdi*l ffii ktud.odrkMfliE M,.,6dhl !MbdoidopF.cihpbiFddi@'S27661'ih&d*rcd co!fr tul.d b'drdpd &dd!6dddkl@&mrtrntupodqoddderM@ffihhho!@oldk4Rd,d{M.4tu1{h @Lddd6idtrGn6^fr.phmdd dr!+oilo. 6u,ded6 tu#.n tu Fdl cr loid d*dbd h A. Hd w!tury b e& h bl 1575 Pt.27.; d F6rbd{noi.F*!o4dffidtu b^ihcdo pc'ioitu eedoryderli.oeh6hNo.tdddal@ ium*?z6s6r hs.dGuird*odbd'Sqd!€ff.Etu@rdd d85.61b;trhfr.dstucfidd or 262..s b; ,# bdiq & h bd d hdar smokrhhiddbdgdoEkdircrydd odlMRd trisNo.rh tJNM!t2reotud 6d 1%.%kl 4 ssrrs3sEo &hod,lr8.tttu, NOES: 1,tu hl'@H.rI bdon.&mMrdrorft lN'@tor Ghnoi@ft &nrydG|#aunry,h., eNumbrlelo 2. Ndhnsbbd..nhbudsde@ryhds.tuswadd s6^15,rodb? $ub @swddft36.Ps s,Mils'4scw. CLERK SD RECORDER'S CERNHCATE tuc.la & tu @d lntu 6e dh tusd Ro*d ffi tungd bqda tc* *Ed D*Gl tsd6ddd htu s&r BOARD OF COUNN COMTI$IONERS' CERTIFICAE 4 a 10 @rdddes Msr & r* ilb @b hd &Mw, ru&wodryh.wdamv6'!lwm.dM@, aMo e_aor+ro,b-brnh counv.d o'we b h. euit ortu Fbk debD 3io5 h.@4 ru& b h @oi tu spd r' i0 6y orw ffi &4v bilLtr@ d6es0 orllwm^b 0h bdr, @bt@Fdm.bffidbhpe4rtt@|@b 4hhddco4&ffihob$ffi eqhh6ddi,@orffirrd**S@. &rc 6 6UNW COMMTSbNE6 #G#lf,D@Nfl, coLM turrffi4$d6orsD bn.dtu.rdudM rn@nrndddry&@d bd&ffi,dd@tuioide6sdddrdd @bd*ft &irbhrn6ft @t.rlit'urdq'srorbd&nd m6bM6oldhdb& 9drIh.6rd Mbdlbtuh3neiedrisrdmi 7.qpfuhpd.tudbilllldffry@-e*r6ffi htrdhoff.rh. pdborpiledA, bfr &y4igrL9|.N,h dtud&tortu dtrEd6drdDyptubr1@4ffi $y.lsrdM!D@dar@toiary a. MoFi.dssM@.6si4rld.om(1)nd!eb@tuaft byc.Rs. 56741,aq'dhmSbN9FtuWtucdr,dbtuh-yMh9 dd@ udd b tu.n uiffi idb.or..!d oae60 M.d .|)l,l.@, 4 tur&h@dbft ffih.no!nrydddrt&dbddrd,bmdhltutuoth!&nbplUs'r64rirFE@ 4bdbb4wshFb@hrtsrybule. 10 {bdeN.Nhqdbyaquft@sn@'ri@ lnh.@[qrntu64flo@6ffind,re,Mr15, 1s.rohfr $@,odot !@@nl.ls.rtu@6c6dd@dbsnMtrd@d.p{ffi. i1.d6ffindbel'lertrh*EsosbdrtrtudtuFod*pudbhn srs*1&1. .WD rnen h tu &c ue h.tu ry- Mryh.d.dsr!rb.6u4or@ r@,6dqd16.@tu,od lMd6ddd3r5.ek,dd AfrORNtrS CERTFrcATE rrxb6sbFbdd@rd @M'6etsdeFqhffi ot6b4dbh &ifurdft*yd Mh{ 14,On.(1)qdbSWrorddduntdb'd{dbq&bb6tu&h @r6db'ltrbhhsh of ddqebc4@hrird id as tu d tur0t.nr ki. ih6dbofrhffi6uit 13, ttuBMie*R.25bL MINEML OWNERS: rj1@ fi;--ftdalb. to.tuMo'h,luilmMbtomnH ttu*cktuLNsr ohb, a d.rd by En4 E @ ed tub M, AdryhhkbF@€.Mdtua s k@n No. ?02t5 od my.d { 4im.6 b@i, $? hr to6r 9d ftd sld tucF.ry r hc tull h $F ro h *sl D.&c4 oql [odM R64, qddd coqr, .crorcdo, kdd h h 6 d fr 6d h bdn d &ddd co!4, 4odc a bptur Nc. ?7r5e h br .2, $dic ^ h 39. wd toJ16$didMdi hd htuedJd c@4ckltudbdln*t@ COUNil SURVflORS CEMFrcATE C6NJOLfu&5bGfiFry &pEd66nhr.dh04d ridor,@d6..dd&fr se@rytutsE. bnin.d&AMnm hhLrd ..d chd6 G, L@, @dd J4 21, 1$r h hkscp+Pr@biNo.?14 4nmdftd.orhNhdi. (:.,i.rl().u'!@ m hdoil,edd.rddtb s@dryenson l@ rd cffim G, Lrd h a@ rd w's odmry, @eM372d@3srRF@iNo &nm.d b.Ed, or hld b.di,SURWORS CERNHCATE bnd Ule Summary: Tobl iuher or !rc@ bd. rdMedhdwuidl@uib'l@tudtu 1rdnmbotpDFdor{MF@ Grfu tuV ZoMg, $&n A A&{ R*uLeF rod @ 64 eord: s d{.6r rc - ! unulre e r Mbrd J.Gmb,do h'$y@kr.n.@bd!ryrMud. ft Morhed*d., BBSb.N46dodoi@obrortus rtr.4 pbd, d&d.d.hilihiM,${sB*$d.hmaeld worsPc4bymdu#Dilr.nMsdo@tu tuffit +@@Blormtqtu$ffi fuf @FN6 qd sd 601 dd.ttuotui4Mtun.Mb&rJ. tub, P,€, a s.2m tD.r FP2 Oak Meadows Filing4-Phase3 GAMBN .Jfinol Plon Mop fl E 6^ [:c sS si FIII liiil'*" lliiliiii lliil ir; I liirl+sii liiili:iilil s*n' ;e 3E E J"\- I' ;iii liii ItEi Eiii i{3i ;i$ti sri iiii i{ii :iil lisi iisi lEiii itli lili iii! EHii i{g'B do, i i i6 i. i E Eg diEl tl $:-1 '- esi 'f I :R r9! et I It iTrl fF; e{dirt o is5 i3l tt .t / z c n E 0 cqLlr o A .+ b0 tr az d (J 4.n9:t< (-D 4E =E 4 E .= l;t H 47,303sq.fr 5.00'soRM omN WEMEM (soLrD HATCH) MNVE OPEN SPACE PMCEL 3 5.00'sToRM DUN ffi€MENT (SOLID UTCH) OETAIL B LOT 83 10,632 q.& LOT & 10,632 sq.t ! iil: ;eir I rf i.ql !.: l; 6;'! { lil t - GWHICSCALE IN FEET DETAIL SCALE 1 INCH = 30 FEET r-_- ')--' d$#e'*?;d .sK9tD9*9 6^ s.11- r:t- #rs"" ffi 6nom( or ht odo^ hadFE&.padd!6id EFF.d non$driFnhns FP4 Oak Meadows Filing4-Phase3 linol Plon lllop L\t+ -t tlig -"ro-.so*-* -i$,i1$i .: ig6E 'fi iitq ::tu rt tia;1!i:iini! t :.i 1r tliE;9r 3 9{dl tF; iqE:,r ii$Eq8d- (dtllqF$h)aeb.doN t--f tz '/..ll I l1 I Section 5 Final Plat at I A- g,o ,E EAOrz$!b0dtrA= rlr qEi gr E OAK MEADOWS RANCH, FILING No. 4, PHASE 3 - FINAL PLAT A porlion ol fueo I Ook teodow Rrnch - Ook teodovs Filing llo.l, or reorded ot Rxeption l{umber 276561 in dre ffice ol the Gorfteld County derk ond leoder, Seclion l5,lmnship 7 Soulh, longe 89 Wesl ol lhe 6th Pdndpol llerldon, Godield County, Colorudo TOTES:CERI( ND RECORDERS CERTIFICATE @,lq*Mkffiebz,mz tudctub@dnhfrdhkdMdffie4rd&-R,sh4c_ea, z udB4rtubMd@|mffi skd *16T@7sd,@ewddtush,Px. ,e4[s4*w. k^6do d.i*.bdcrydod@Mtuk..dd@tui*r7&l iitu@6qfr !d6&&6#drudh r5bsfitttYc&€d2,#l h&6d.l,doilddk i5 bsFadlo&Ed2c.sbd l|@ &hd*l,&tuhtuMdry&&bb@rddebdtuM..h ,Nv1wE.&d t6*u. 4 srrmF.eEdl,r&ttu ro c dmtr b@dh @ 6* k o*Gr Fdrd i6F @hre&h k l5tt b34tu&*ddk*rb BOARD OF COUNiY COTTISIoTRS' CERIIFICATE ft4@ryhtuda@en'emdffi@.b *_qd_^D-a_bft @.dEnFrcbeo4dh4ffi.Mlf,d4rFbh@hsdheryorydo@brh@4@d|l@d6, 4hb@dffi@bhp*4-@@b ttuwd@ffin:dieh*.@ilheq sffil@bb6@e,ddtud4lgle 6@oF@ffiffis oF@6W,6lfu AfrORNtrS CERIIFICAE r,_s.@Mb|l@khnsd@,6 44e-ffibb&- dd d 6N8mtud&dryh ffiMfiffirbad@'l&shffi(M sffilwhdrs, (mFglE 0t mKMoxm oflE$t* 6q.edts6d. fls Noa_,^4t_. d@ffi4rN9e.&effis&tuB &ryl&,@ ts. n oF|sp.dffi h.d)e@4dddbh|@E bd@.em9ffi4d*s-@mbb4hffiidi{ffidq, |i& id dlbr* ll4 Mdruq6b wh, dr@@dfu@n!@Bddsfi&.@*h@6hrl@Bd@6'@ @d@d@effi dlMotdbscffi sm.tud @dbukh.!Eoo$dr^dtuil. 7.qrMhgffiqffi #sr@ffi ..dEldddb*fr dhMhw.fr 4dlcb@,btrqod.g!Ebddqdtufr@d@d4turl@dftry..fuMcd.,d-.ddrter€'lh#bll@sordr!.ld a Mfi ffi dHlFddhed0)wdcff!@hsft rya$.F741,ds-.d htoffi e|l'rylxrue, dbe hqds da*ddbtuaoffi^uedi.dFb@!hd?l@ s. srb@dbhffiF.lldi4dr#ffi dbndtu,ffi tuffirdbllenbwd@6.drffi 4fi 'erybrohekq@hsbFdh9@b6ffi, i0 4ffi6il*@dry.{uetce@hffihh..ci@@dmry@@4h,&r5 rs,sffso,rd0a!€@.wdb..[ sd qadb.ffi 6d!@d.t&. hlle@ddhtustodffi'Ue68fr@1ffiMih @.E&dr6,Dk,.d @.&*3rteb,.d * hrtotuktu * ll*rd # bwrotutu @O!MeM,d@,k,diib&dh**d&*d w 6s, e&a @ M tTe h N4%@rbsffi ffi1]l.6,rd6bndl@r.$rtuD& @hhd tu* otEb l4 D#d a&ddhhh bdAl1*l6tu brt'@ turch b dfr *tu,el@D&rch *lJslb eEd*drt66hk*aqh6tu,l:@kA wb,etutulesrfurdl&lt@e@I4|l& u Ndld ro* b* k br& hr*ffi fr ryr.rellr@red 4 s 't@ &kd@e h k ffie tudsk$d htu&rysb(&b^bu&liehr. fi ddhe tuh& chdH b to,'H ttu*oll&, M 13.d6-@bdllEd6ffi *{i&@,h6dtrt4bhtue.dhsFw3dHutuffid (e.{1)qdhehd|*duildhqilh'.6b*ffi &t. 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SURWORS CERNrcATE .ed J.tu,6l@6rybre.'!#trryk5u* tuhdhedc.* eft 8brtu,dd@@tdh$sq&,ffid*ntutr,hsardhns.e6 wdd@t m d uerye9.eid dMh ffide.!&dhbq..t.'ldd.t$ddffish.@e e wh@dln6'&6.#t@*g@bffi NremmF,rhd4MddlUd WHf,@P:AS2m Finol Plot P2 Oak Meadows Filing4-Phase3 U!qEEs l; H!q I ".; i;l !;q tie i:5i!lFE: s|5 l!"j ?l- !!i 2i' !ic i;' !Eqlr:ri tskqlr6 ,c: :I3 Eilt ,i EE3 aa{ !rg Ffal!tri Eic l!"" ". t i.EE " l; $i: E l"r" g3q t: Hr filsqq l:,i ?r ticl:i Ei I isr!! :fiqEd 8fr6.ir i ii- ii' F,. i;; : $eEt' gF6 3:* a E J -ldi[i;" ;elf,;! *t :R L\t .z ;Iia r !Ai.; + aa "E IB H;t2 1E seseuEEF s:9elif9 Eilfii5Ei i"E:H: ifrEd egE :d" I l E o E! i a . 5 c t ovs vEq 4 :ti! i{!T ?:-s! Fia: a,l0 rgi! ifti;9ts $ii r trl{t!t;.!38i rl' P3 Oak Meadows Filing4-Phase3A GAMB\ !ll,:l\f rr.' Ir , FlilAt Ptar E! ,1 {g;g rfq*.; __-- - -:r-9r6a -6b- ls oO f s n i d 4 T t l ;l f LZ j /\ - _,gug_- / \{@pm,ruqr.str I t/ v Section 6 Codes, Covenants and Restrictions SUPPLEMENTAL DECLARATION FOR OAK MEADOWS RANCH, FILING 48, PHASE III THIS SUPPLEMENTAL DECLARATION FOR OAK MEADOWS RANCH, FILING 48, PHASE III ("Sr-rpplemental Declaration"), is made to be effective as of the day of 2022, by OAK MEADOWS, FILING 4, PHASE 3 LLC, a Colorado limited liability company ("Re-Subdivision Declarant") and is applicable to ceftain real property located as legally described on Exhibit A attached hereto and made a part hereof (the "Filing 48, Phase III Property"). WHEREAS, Re-Subdivision Declarant is the owner of Filing 48, Phase III Property; WHEREAS, Filing 48, Phase III Property comprises a portion of Area I, Oak Meadows Ranch Filing No. 48, Phase No. III, as such Area I is depicted and described on the plat of Meadows Ranch, Oak Meadows Filing No. 4, recorded January 26, 1977 in Cabinet No. l, Page 388, as Reception No.276561, Garfield County, Colorado (the "Oak Meadows Filing No.4 Plat"), which Oak Meadows Filing 4Plat depicts and describes all of the lands comprising "Oak Meadows Filing 4"; WHEREAS, Oak Meadows Filing 4, including Filing 48, Phase III Property, are subject to the terms and conditions of the following: (l) the "General Declaration for Oak Meadows Ranch Garfield County, Colorado" recorded January 26, 1977 in Book 492 at Page 894, at Reception No. 276560, Garfield County, Colorado, as amended by the "Restatement of Section 4.8 of General Declaration for Oak Meadows Ranch Garfield County, Colorado" recorded in Book 521 at Page 932,and at Reception No. 292809, Garfield County, Colorado (collectively, the "General Declaration"), and the term and conditions of the "Oak Meadows Reorganization Agreement" recorded August 11, 1995 in Book 950 at Page 56, and at Reception No.481864 ("Reorganization Agreemento'); WHEREAS, Section 2.6 of the General Declaration sets forth a definition of "Filing 48", which is the portion of Oak Meadows Filing 4 that includes Filing 48, Phasc III Property; WHEREAS, the Oak Meadows Homeowners Association, a Colorado non-profit corporation, is the'oAssociation" under the General Declaration: WHEREAS, pursuant to the Reorganization Agreement, Oak Meadows Development Corporation, a Colorado non-profit corporation ("OMDC"), is the successor "Declarant" under the General Declaration, and owns, manages, and operates the Oak Meadows Water and Sewer System for Oak Meadows Fiiing 4, including Filing 48, Phase III Property; WIIEREAS, on July 21,2008, thc BOCC, by ResolutionNo.200S-95 and recorded as Reception l.lo. 735652, Garfield County, Colorado, approveci a preiiminary plan ior Filing 48, Phase III Property as "A Resolution Concerned with Approval of a Preliminary Plan for a 25 Lot Phase of a Subdivision Known as 'Oak Meadows Ranch PUD, Filing 4, Phase III' and Property owned by oak Meadows III, LLC, Garfield County" ("Preliminary Plan Approval") which Preliminary Plan Approval, among other things, subdivided Filing 48, Phase III Property into 25 residential lots, a 32.611 acre common area parcel, and 2.616 acres of quasi-public area; WHEREAS, extensions approved by the BOCC for the recording of a final plat pursuant to the Preliminary Plan Approval and providing for such matters were granted on: (1) August 3, 2009 as BOCC Resolution No. 2009-59, recorded as Reception No. 77310, Garfield County, Colorado; (2) June 14, 2010 as BOCC Resolution No. 2010-47, recorded as Reception No. 787581, Garfield County, Colorado; (3)June 20,2011 as BOCC Resolution No. 2011-38, recorded as Reception No. 804937; (4) July 1, 2013 as BOCC Resolution No. 2013-39, recorded as Reception No. 837610; (5)July 20,2015 as BOCC Resolution No. 2015-36, recorded as Reception No. 865682; (6)July 10,2017 as BOCC Resolution No. 2017-35, recorded as Reception No. 895833; (7) July 22, 2019 as BOCC Resolution No. 2019-42, recorded as Reception No. 804937; and (8)_, 2022 as BOCC Resolution No._, recorded as Reception No. WHEREAS, oh _, the BOCC, by Resolution No. - and recorded as Reception No. _, Garfield County, Colorado, approved an amendment to the Preliminary Plan Approval for Filing 48, Phase III Property which included a revised preliminary plan for Filing 48, Phase III Property providing for a reconfiguration of Filing 48, Phase III Property's planned 25 residential lots; WHEREAS, pursuant to the Preliminary Plan Approval Filing 48, Phase III Property is further subject to the terms and conditions of the Final Plat of Oak Meadows Ranch, Filing No. 48, Phase III, recorded _, at Reception No. ("Filing 48, Phase 3 Final Plat"); and Garfield County, Colorado WHEREAS, this Supplemental Declaration sr"rpplements the terms and conditions of the General Declaration and the Reorganization Agreement, as applicable to Filing 48, Phase III Property. NOW THEREFORE, in consideration of the covenants and agreements hereinafter set forth, Re-Declarant states and declares as follows: 1. Definitions. Capitalized terms not otherwise defined herein shall have the specific meanings set forth in the General Declaration and the Reorganization Agreement. Each of the following capitalized terms shall have the following specific meanings: a. Re-Subdi n Declarant . "Re-Subdivision Declarant" shall mean Oak Meadows, Filing 4, Phase 3 LLC, a Colorado limited liability company, its successors and assigns. b. Common Areas. "Common Areas" shall mean all real property conveyed to the Association by Re-Subdivision Declarant, or as dedicated on the Filing 4B, Phase 3 Final Plat, and shall include "Native Open Space Parcel l", "Native Open Space Parcel 2" and "Native Open Space Parcel 3". c. Native Open Space. "Native Open Space" shall mean those areas depicted on the Filing 4, Phase 3 Final Plat which shall remain largely undisturbed except for roadways, trails and utilities. d. Neighborhood Budget. "Neighborhood Budget" shall mean a written estimate of revenues and expenses of each neighborhood cost center within Neighborhood Common Expenses. "Neighborhood Common Expenses" shall mean those expenses which are designated to benefit solely or primarily the owners of lots within each neighborhood cost center. Neighborhood common expenses may be incurred in connection with operating or maintaining neighborhood common areas, or in connection with providing maintenance, insurance, and other services for lots in each neighborhood cost center. f. Neighborhood Cost Center. "Neighborhood Cost Center" shall mean lots with similar characteristics of ownership and maintenance that have been grouped together for purposes of (a) operating and maintaining neighborhood common areas therein, or (b) providing maintenance, insurance and other services fbr lots therein, or the owners thereof. 2. Deed Restrictions. Section 3.1 of the Reorganization Agreement provides that the "Deed Restrictions" attached as Exhibit B to the Reorganization Agreement shall be applicable to the lands comprising Filing 48, including Filing 48, Phase III Property, and that "[TJo fecilitate construction and tc avoiC unnecessarr- architectural review processes, it is agreed that the condition and limitations setforth on Exhibit B attaclrcd lrcreto entitled 'Deed Restrictions' shall be applicahle, in addition other condition,t ,ctated in the ,subdivi,sion documents." Accordingly, the Deed Restrictions attached as Exhibit B to the Reorganization Agreement, are hereby confirmed as covenants and conditions applicable to the currently undeveloped portions of Filing 48, Phase III Property as follows: c (a) Minimum Lot Size. Single-family Unit, 2,000 sq. ft (b) All measurements shall be on outside foundation walls, not including open porches, garages, or carports or common elements. (c) All structures shall be constructed of either brick, stone, lumber or a combination thereof. The use of cinderblocks shall not be allowed unless it is faced with another material herein approved. Log houses shall not be approved. (d) No structure shall be placed or erected which is, or ever has been, or could be made the subject of a specific ownership tax as not defined in Title 42 of Colorado Revised Statutes, nor shall structures constructed in the fashion and manner as trailers be allowed. Log houses and A-frames shall not be allowed. (e) All Units (including single-family and multi-family Units) shall have 2-car enclosed garages, or equivalent enclosed garage space, which shall be used for vehicle storage and other customary garage purposes, but shall not be used as dwelling or habitation space under any circumstance. In addition, all Units shall include within the garage structure a storage area of not less than 80 sq. ft. per Unit in addition to the standard dimensions of a2-car garage. (l) Exterior finishes shall be of natural earth tones or native exterior materials, or such color or combination of colors as shall be approved by the Architectural Control Committee. 3. Wildland Fire Protection. (a) In order to minimize hazards association with wildland fires, all construction on Filing 48, Phase III Property shall be consistent with the guidelines contained in the Colorado State Forest Service publication "FireWise Construction: Site design & Building Materials," dated December, 2012. (b) All roofing materials shall be identified as "Class A" non-combustible materials. 4. Wildlife Impact Mitigation. Re-Subdivision Declarant is committed to a policy of mitigating adverse impacts to the elk, deer, and numerous other mammals and birds that use or traverse the subdivisions, particularly the Common Areas, and to that end, users of Filing 48, Phase III Property shall comply with guidelines established by the Colorado Division of Wildlife, including the following: (a) The provisions of BOCC Resolution No. 99-087 regarding dog control are applicable to Oak Meadows Filing 4,and users of Filing 4B, Phase III Property shall comply with its provisions. (b) Fencing constructed on Lots that border the boundaries of Filing 4 shall be "game friendly" and shall conform to the following requirements: Wire fences shall be no higher than forty-two (42) inches, with the top wire made of 12.5 gauge, twisted, smooth wire. Fences shall construction with four (4) or less strand wires, with a minimum of one (l) foot "kick-space" between the top wirc and thc sccond wirc. 2. Round rail or split rail fencing shall be no higher than forty-nine (49) inches, with a minimum of eighteen (18) inches between two of the rails to allow young animals to move through the fence. All rails shall be split-rail or round-log type rails, and shall not be flat rails. (c) All disturbed areas around structures shall be re-vegetated. Each Owner shall be responsible for control of noxious weeds on such Owner's Site. (d) Trash shall be secured in "bear proof'containers. (e) Pet food shall not be left outside where it will attract wildlife 5. Site Restrictions. (a) Setbacks. Setbacks for each Site shall be as set forth on the Filing 48, Phase 3 Final Plat (b) Building Height. Maximum building height on each Site shall not exceed twertty-five (25) feet. (c) Fireplaces. No open hearth, solid fuel fireplaces shall be allowed. One (l) "Phase III wood stove" stove as defined by Colorado Revised Statutes Section 25-7-412(2), will be allowed on any dwelling Unit. All dwelling Units will be allowed an unrestricted number of natural gas buming stoves and appliances. (d) Lighting. Except as may be nesessitated by safety concerns, exterior lighting shall be the minimum amount necessary, and all exterior lighting shall be situated in a manner so as to minimize glare to adjacent Sites and Units. (e) Foundations. All foundations shall be designed by a qualified, licensed professional engineer, and in accordance with the recommendations in the engineering report prepared bv -. I A -^Li+^^+,,-^l /r^-+-^l f-^^^i+t^^. I i*ir^ri^^ ^C f i^Lili+,,(r. r.ltuiltrgLturat , (a)Notwithstanding the terms and conditions of Section 9.1 of the General Declaration, -oifha" Pe-ctrhrli.,icinn flpnlorant l-)enloronf nN/nf- L-lnmcnrrrnerc A ccnciqf inn lhevlvrsrqrr!, uvvrqrsrrlt vrYrv vt I rJJvvrslrvrrt !rrv ACCO , nor any officer, member of representative thereof shall be liable in damages to any person submitting requests for approval by reason of any action or failure to act in regard to any approval or disapproval of a proposed Change in the Existing State of Property pursuant to Article IX of the General Declaration. (b) Notwithstanding the terms and conditions of Section 9.1 of the General Declaration, neither Re-subdivision Declarant, Declarant, the ACCO, nor their officers or agents, be responsible for: (l) Determining that any construction or construction documents conform to applicable building codes, zoning or other land sue regulations; (2) The accuracy or content of any construction documents or specifications prepared by any architect, engineer, or other person; (3) Construction means, methods, techniques, sequences or procedures, safety precautions or subsequent loss, damage or failures due to soils or other or any other natural or man-made conditions that may exist; or (4) Any failure to carry out any construction in accordance with plans and specifications. (c) Notwithstanding the terms and conditions of Section 9.1 of the General Declaration, neither Re-Subdivision Declarant, Declarant ODMC, nor the Homeowners Association shall have liability or responsibility for any representation made to any Owner of prospective owner by third parties, and no action or failure to act by the ACCO shall constitute a waiver or estoppel with respect to future action by the ACCO. 7. Re-Subdivision Declarant's Reserved Riehts. Declarant hereby reserves the right for itself to further subdivide Sites provided for on the Filing 48, Phase 3 Final Plat in the future in accordance with the General Declaration and the Reorganization Agreement. IN WITNESS WHEREOF, the undersigned executed this Supplemental Declaration as of the date written above. OAK MEADOWS, FILING 4, PHASE 3 LLC, a Colorado limited liability company By: Gary M. Johnson, Managing Member STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2023, by Gary M. Johnson as Managing Member of Oak Meadows, Filing 4, Fhase 3 LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: Notary Public ,4\r. I \1 ) ) ) ss. Section 7 Affordable Housing Plan AFFORDABLE HOUSING PLAN AND AGREEMENT OAK MEADOWS RANCH OAK MEADOWS RANCH, FILING 48, PHASE III THIS AFFORDABLE HOUSING PLAN AND (the "Plan and Agreement") is made and entered into this day of 2023,by and between OAK MEADOWS, FILING 4, PHASE 3 LLC, a Colorado limited liability company ("Developer") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, acting for the County of Garfield, State of Colorado, as a body politic and corporate, directly or through its authorized representatives and agents ("BOCC"). WHEREAS, on July 19,1976, the BOCC, by Resolution No. 76-47 and Resolution No. 76-48 approved a planned unit development re-zoning application for Oak Meadows Ranch, Oak Meadows Filing No. 4 according to the plat of Meadows Ranch, Oak Meadows Filing No. 4, recorded January 26, 1977 in Cabinet No. 1, Page 388, as Reception No.276561, Garfield County, Colorado (the "Oak Meadows Filing No. 4 Plat"); and WHEREAS, Developer is the current owner of certain lands (the "Propefty") comprising a porlion of Area I, Oak Meadows Ranch Filing No. 4ts, Phase No. lll, as such Area I is depicted and described on the Oak Meadows Filing No. 4 Plat; WHEREAS, the Property is an approximately 44.67 acre parcel of land located in Garfield, County, Colorado, and legally described on Exhibit A attached hereto and rnade a paft hereof; WHEREAS, on July 21,2008, the BOCC, by ResolutionNo.2003-95 and recorded as Reception No. 735652, Garfield County, Colorado, approved a preliminary plan for the Property as "A Resolution Concerned with Approval of a Preliminary Plan for a 25 Lot Phase of a Subdivision Known as 'Oak Meadows Ranch PUD, Filing 4, Phase III' and Property owned by Oak Meadows Ill LLC, Garfield County" ("Preliminary Plan Approval") which Preliminary Plan Approval, among other things, would re-sr-rbdivide the Property into 25 residential lots, a32.611 acre common area parcel, and2.616 acres of quasi-public area; WHEREAS, on the BOCC, by Resolution No and recorded as Reception No.Gart'ield County, Colorado, approved an amendment to the Preliminary Plan Approval for the Property which included a revised preliminary plan for the Property providing for a reconfiguration of the Property's planned 25 residential lots; U/HtrPtrAC nhrv! vr r th^ Ralf-a k., D^.^1,,+i^^ I\l^(rr! uvv\ i vJ r\wJvruf r(rrr riU --.t --^^*,{^,1 ^.attlu I vwul uuLl 4.) Reception No Meadows Ranch, Filing No on 202i ("Final Plat"): and WHEREAS, as a condition of approval of the Final Plat submitted by Developer to the BOCC for approval as required by the laws of the State of Colorado, Developer wishes to enter Oak luleadows Ranch P.U.D. Filing 4 - Phase 2, Garfield County, Colorado Affordable Hou,sing Plan L(lDC Article B IDATEJ Page 1 of6 Carfield County, Colorado, approved the Final Plat of Oak . 4, Phase III, which was recorded as Reception No. into this plan and Agreement with the BOCC, setting forth certain restrictions and conditions regarding the providing of affordable housing on the Properly, all as more fully set forth below. NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Affordable Housing 1.1. AffordableHousingCalculation Developer shall provide affordable housing mitigation in an amount equal to ten percent (10%) of tn. total dwelling units within the Property with fractional requirements of .49 or less rounded down to the nearest whole number and fractional requirements of .5 or greater rounded up to the nearest whole number. The maximum number of allowed Jwelling units within the Property is twenty-five (25), per the Preliminary Plan Approval. Therefoie, the Developer shall provide up to three (3) Affordable Housing Units, pursuant to the terms of this Plan and Agreement. 1.2. Mitigation Types Affordable Housing mitigation for the Property is proposed to be provided as Off-Site Affordable Hoursing Units. Specifically, developer proposes to contract with Habitat for Humanity of the Roaring Fork Valley (HFHRFV) to provide the required affordable housing units for the Oak Meadows Ranch PUD, Filing 4, Phase III development (the "Development"). 1.2.1. Location of Off-Site Affordable Housing Units The affordable housing units are proposed to be constructed within Comprehensive Plan Study Area I (generally Glenwood Springs through Carbbndale areas of Garfield County). The units shall inch"rde Deed Restrictions with either annual appreciation limits, or rental pricing limits. Residents must meet qualification guidelines as established by the GCHA and any local jurisdiction, if applicable. 1.2.2. For Sale Affordable Housing Units The units provided are proposed to be For Sale Affordable housing units. Residents must meet qr-ralification guidelines as established by the Garfield County Hor"rsing Authority (GCHA)' 1.3. Development Schedule Developer shall provide one affordable housing unit for every eight free market dwelling units constructed within the Property. Following the completion and issuance of Certificates of Occupancy for every eight (8) free market dwelling units within the property, no additional building permits for additional free market dwelling units shall be Oak Meadows Ranch P.U.D. - Filing 4 - Phase 2, A"ffordable Housing Plan - LUDC Article B IDATEJ Page 2 of6 Garfield C ounty, Col orado issued until the one (1) Off-Site Affordable Housing Unit has been provided through Hl''HRl''V, or as otherwise agreed by the BOCC. 1.4. Bedrooms and Unit Sizes The total number of bedrooms provided in the Affordable Housing Units shall be determined by multiplying the total number of required Affordable Housing Units by the average number of persons in a household (2.6), then dividing the result by the U.S. Department of Housing and Urban Development (HUD) criteria of persons per bedroom (1.5). Forthe Development, the resulting number is 5 bedrooms, which is the minimum required number of bedrooms that shall be provided across all required Affordable Housing Units. The following minimum square footage requirements shall be met, with only finished square footage being counted, excluding garages, carports, and unfinished basement space: 1.6 Pricing of Affordable Housing Units The average price for all Affordable Housing Units shall be dispersed over a range of the Area Median Income (AMI) levels for low and moderate income families as published annually by HUD for Garfield County. One Affordable Housing Unit shall be provided in each of the following three categories: Category I. Units priced ro 70% AMI; Units rented or sold to 80%o AMI households or less. Category II. a. Units priced to 90Yo AMI; k ll^i+^-^^+^l^-^^ll!^1AAo/ atrrrl-- t rr ru. Lrllttr lcllLsu L[ :!(,tU tL, IUUT0 AlVll llOuSgIlOlUS Of leSS Category III. a. Units priced to I l0% AMI;b. Units rented or sold to 120o/o AMI households or less. a. b. Oak A,[eadows Ranch P.U.D. - Filing 4 - Phase 2, Garfietd County, Colorado Affordable Housing Plan - LUDC Article B IDATEJ Page 3 of6 Studio 500 sf l Bedroom 700 sf 2 Bedroom 950 sf 3 Bedroom 1200 sf Single Family, detached 1400 sf UNIT TYPE MINIMUM SIZE 1.7. Eligibility Eligibility for Affordable Housing Units will be determined by the Garfield County Housing Authority and any local jurisdiction, if applicable. Eligible Households must be given priority for Affordable Housing Units, unless prohibited by funding sources (HUD, CHFA, etc.). Households must meet all other requirements of the deed restriction. The owner or manager of any Affordable Housing Unit must document how eligibility was confirmed and must keep a record of any documents supporting the eligibility determination. 2. Definitions Developer: Means Oak Meadows, Filing 4, Phase 3 LLC, a Colorado limited liability company, or any assignee or successor thereof. GCHA: Means the Garfield County Housing Authority. HUD: Means the U.S. Department of Housing and Urban Development. Oak Meadows Ranch P.U.D. Filing 4 - Phase 2, Garfield County, Colorado Affordable Housing Plan LUDC Article B IDArE] Page 4 of6 By IN WITNESS WHEREOF, Garfield County and the Developer have executed this Affordable Housing Plan and Agreement dated to be effective as of 2023. BOARD OF COLINTY COMMISSIONERS OF GARFIELD COLINTY, COLORADO ATTEST: Chairman Clerk of the Board Date OAK MEADOWS, FTLING 4, PHASE 3 LLC, a Colorado Limited Liability Company By Gary M. Johnson, Managing Member Oak Meadows Rqnch P.U.D. - Filing 4 - Phase 2, Garfield County, Colorado Affordable Housing Plan- LUDC Article B IDATEJ Page 5 oJ'6 PLACEHOLDER FOR EXHIBIT A Oak Meaclorvs Ranch P.U.D. - Filing 4 Phase 2, Garfield County, Colorado Affordable Housing Plan - LUDC Article B IDATEJ Page 6 of6 Section B Engineering Plans and Reports OAK MEADOV/S RANCH P.U.D. FINAL PLAT,FILING No. ,PHASE lll Gorfield County, Colorqdo FINAL PLAT AND ENGINEERING PLANS JANUATY I(l,2023 OWNER 0!l kdm, i!ry + Itd 3 K €qbhM!tuoF fr&ghiDtu tddr, co il62t ENGINEERAND SURVEYOR A GAMBF. iil an isg , iutuJLr,pqr 'q rrt SHEET INDEX covtt slttEl flilaI fl.al frMl.Pul IIMI PIAI noaD Plal{ - SIwER t0l{0 couRl ROAD PROTITI IIID DETIITS. 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"vF--- iAv -*r.--/--, ->\ >,' .,;:1*-.ia*r\-A-*:+*: -2.--- < \' -2/t' ''l\ SIRUCTURES tbrwonrn-Pewr.a,r Geomcrnqrcnr, Iwc.5020 Road 154 Glenwood $pringcr CO €16{n Fax 970 94$8454 Phone 970 945-7988 GEOLOGIC SITE ASSESSMENT AIi{D PRELIMINARY GEOTECIINICAL STT'DY PROPOSED RESIDENTIAL DE\IELOPMEIYT FILING 4, OAK MEADOWS SIJBDTVISION GARtr'IELD CQI]NTY, COLORADO JOB N0. 196 420 APRrL 15, 1998 PREPARED FOR: OAK MEADOWS DE\{ELOPMENT CORPORATION ATTN: RALPH DELANEY P.O. BOX 1298 GLENWOOD SPRTNGS, COLORADO t t_ t_ t r IL t i I. It-- I t_ I I I I I L r L IIEPWORTI{ : PAWLAK GEOTECH$IICAL' INC. April 15, 1998 Oak Meadows Development Corporatiotr Attn:'Ralph DelaneY. P.O, Box 1298 Glenwood Springs, Colorado 81602 Subject: Jordy Job No. t96 420 Dear Mr. DelaneY: As requested, we have conducted a geologic site assessment and,preliminary_ geotec^hnical engineering study for the proposed residential development at the.subject iit . ffr" putpJse of thE study was to revGw the geologic and subsurface conditions in the area for ifpotentially hazardous conditiorui or conditions that could have a significant irnpact oo the proposed development. Development of the filing as planned should not encounter severe geologic constraints o.pot"itid hazards. Ce-otogic conditions that should be considergd rl.trroject planning itt"io6" hndslide stability, constnrction induced slope instability, flooding, expansive soils and earthquakes. It shouid be feasible to use spread footings placed on the natural subsoils at most building sites. fui allowable soil bearing pressure between 1,500 gs{ to_ 3-,000 psf appears-suitable for building support. fue to the expansive potential of the- ciays the f6otings may also need to be designed for minimum dead load. The geotechnical conditions shouid be evaiuated on a site specific basis. The report which follows describes our investigalion, summarizes eur finding.q,.and presenis our recommendations suitable for planning and preliminary design._ It is -imoortant that we provide consultation during design, and field services during constnrction to refiew and monitor the implementation of the geotechnical recommendations. If you have any questions regarding this report, please contact us. Sincerely, Report Transmittal, Preliminary Geotechnical Study, Proposed Residential DeveLopment, Filing 4, Oak Meadows Subdivision, Garfield County, Colorado ORTH - PAWLAK GEOTECHNICAL, INC. Rev. Jr. P.E. -i = t- It-t"- r I IL i- L- r- t*. -I I t_ r- I t I I L-t r I Il_, rL t- IL-, TABLE OF COI{TtsNTS PURPOSE A}ID SCOPE OF STUDY PROPOSED DEVELOPMENT SITE CONDITIONS GEOLOGIC SETTING PROTECT SITE GEOLOGY . FIELD EXPLORATION STJBSURFACE C ONDITIONS GEOLOGIC ASSESSMENT , PRELIMINARY GEOTECHNICAL ENGINEERING EVALUATION FOUNDATION BEARING CONDITIONS FLOOR SLABS UNDERDRAIN SYSTEM . SITE GRADING SURFACE DRAINAGE PAVEMENT SUBGRADE ,'.. 1 ? z, J t 5 5 ;6 8 I I 9 9 10 i0 LIMITATIONS REFERENCES FIGURE 1 - GEOLOGY MAP AND BORING LOCATIONS FIGURES 2 &,3. LOGS OF HGLORATORY BORINGS FIGURE 4 - LEGEND AND NOTES FIGI.IRES 5.8 . SWELL.CONSOLIDATION TEST RESULTS FIGURE 9 . GRADATION TEST RESULTS . 11 12 TABLE I. SUMMARY OF LA3ORATORY TEST RESULTS ..: : I I l-1 I It- :L I t_-. r-' I t_ t T-t_ IL r I F L t I t t r,L t-: L L t_ PLRPOSE AIIID SCOPE OF STUDY This report prcseots the results of a geologic site assessment and preliminary geotechnical shrdy for the proposed residential development of Oak Meadows' Filing 4' Garfield county, colorado. The project area is shown on Fig' 1' The purpose of the shrdy was to access the geologic and subsurface conditions for potentially hazardous conditions or conditiors that could have a significant impact on the proposed development. Geologic conditions in the project area were observed during a field lsgsnnaissance on March 27 ' Lggl. In additiOn, we have looked at aerial photographs of the area and have reviewed geologic literature. The study was conducted in accordance with our agreement for professional engineering services to oak Meadows Deveiopment corporation, dated March 16, 1998- HeBworth - Pawlak Geotecbnical' Inc. previously conducted a subsoil sflrdy for a proposed settling pond and 11 lots in the northern part of Filing 4 and presented our findings in reports dated october 9 and 15' Job No. L96 42O. Eleven exploratory borings Were drilled to evaluate the general subsurface conditions.Samplesofthesubsoilsobtahedduringthefieldexplorationweretestedin the laboratory to determine their classification, compressibility or swell and other engineering characteristics. A project area geologic map has been completed based on our field observations, aerial photograph interpretations and published regional geologic maps. The rezuits of the field exploration and' laboratory testing were analyzed to develop recommendations for project plarrning and preliminary design' This report srmmarizes the data obtained during this study and presents oirr conclusions and recommendations based on the proposed development and subsurface conditiors encouhtered. H-P GEOTECH ._. I I i I L_+ i=I It - r';I I t t L -.t - PROPOSED DE''IIELOPMENT The proposed residential development will consist of 67 single family and]8 duplex lots a$ shown on Fig. 1. We assume the residences will be typical of the area and be two to three stories with a partial or fulI basement. The developmdnt wiil include the construction of a water storage tank and a waste water treatuent plant. several roads will be constructed to provide access to the lots. If development plans sh*nge significantiy from those described, we should be notified to re-evaluate the recommendations presented in this report. STTE CONDITIONS Oak Meadows Filing 4 is in the Oak Meadows subdivision on Four Mile Creek about seven miles south of Glenwood Springs. The filing lies to the west of the creek in the westem part of Section 15, T. 7 s., R. 89 w. The general topography in the area is shown on Fig. 1. The eastem part of the filing is on moderately sloping alluvial fans that slope down to the northeast at about 10%. The moderately sloping fals transition abruptly to steeply sloping hillsides in the western part of the filing. Slope of the hillsides is typically about 30% to 40%, Inplaces, the steep hillsides are broken by benches that slope at about ISVo to 25Yo. Druinages withperennial streams are not prcsent in the filing. Four Mile Creek borders the east side of the development and is about 60 feet lower in elevation. In the past, most of the alluvial fans in the filing were inigated pasture and hay fields' Oak and other brush is present on the valley side in the western part of the filing. Developed parts of Oak Meadows border Filing 4 on the east and south. Undeveloped land is present to the north and west. The existing water storage reservoir in the southwestern part of the filing near Boring 7 will be upgraded. At the time of ow field review overflow from the storage tanks was discharging directly onto the steep hillside to the east of the tanks. There zre numerous basalt boulders scattered tbroughout the project afea. H.P GEoTECH -3- GEOLOGIC SETTING The project site is located on the Grand Hogback monocline. The Grand Hogback forms.the westem limb of the White River uplift, Both are fust order geologic structures that resulted from compressional shesses during the Lararnide Orogeny about 40 to 70 million years ago. Foru Mile Creek in the project area is in a strike valley underlain by the Mancos Shale to the west of the second-order Dakota Sandstone hogback. Bedding in these Cretaceous-age sedimentary rock formations strikes about N 25" W with dips between 50o and 60o to the west. Surficial soil deposits in the area consist of high-level basaltic gravels, alluvial fans, landslide deposits, and strearn valley alluvium. A series of northwest trending bedding plane faults axe present in the upper part of the Mancos Shale and lowerpart of the Mesaverde Group in this part of the Grand Hogback monocline (Kirkham and Others, 1996). The mapped faults lie to the west of the project area and arE believed to be associated with crustal strains associated with solution and flowage in the Eagle Valley Evaporite in the Roaring Fork valley to the east (Kirkham and Widmann, 1ee7). PROJECT SITE GEOLOGY The main geologie featrrres in the project area are shown on Fig. 1 and described in the following sections. MAN-PLACED FILL AbID DISTURBED GROL}ND There is a small area of man-placed fill and ground disturbed by grading (af) in the northern part of the filing. The area is about Y* acre and lies within part of a proposed iot. The excavation in this area is partly backfilled with large basalt boulders. The fill and distrubed ground should be evaluated for foundation supportby asite specific investigation" if abuilding is planned in the area. li I I1; i. IIt- t- I H-P GEOTECH -: , .-j - I I t-L i- L T L rt- I'L i, t=L i_ f t_ t - 4.- POORLY DRAINED GROTND A rnoderate size spring and poorly drained ground (Qpdg) is located in the norttrern par.t of the filing, The slope to the southwest of the spring could have relatively shallow ground water. The preliminary development plan indicates that construction is not proposed in the poorly drained area. A stree! and one lot are planned to the southwest of the spdng. In this area, the street will be in a fill section with a maximum depth of about 8 feet at centerline. A subdrain will probably be needed below the street filI to prevent water level buildup ftom the spring. This area sbould be evaluated at the time of constnrction to determine street subdrain requirements. LANDSLIDE DEPOSIT . The western part of the subdivision is on the toe of an old landslide (Qls) deposit (Kirkham and Others, 1996). The landslide is a large complex that extends about 7,500 feet upslope to the west. The complex covers more than one square mile and has an average surface slope of aboutz3%. Slopes within the compiex vary fromA\Yo to 50Vo. Judging from the size of the complex, the depth to the basal shear surface is probably grvater than 100 feet. Ths landslide has displaced the high-level basaitic gravels and may extend into the upper parts of the Mancos Shale and Mesaverde Group. The high-level basaltic gravels consist of sub-angularto rounded, predominantly basalt gravel, cobbles and boulders in a sandy olay matrix. Topography consisting of an irregular slope profile is indicative of past landslide movemerits. The landslide topography is not sharply defined, it has been modified considerably by erosion and deposition particularly in the toe area. This indicates that the landslide complex has been dormant with respect to large scale movements in the toe area for a long time, probably longer than 5,000 years. There are soine indications on aerial photographs ofpossible small, local landslide reactivations upslope of the filiog. Because of snow cover the upper part of the landslide complex could not be reviewed in tite field at the time of this study. H-P Georecu 5 ALLWIAL FA}IS Coalescing alluvial fans form a nearly continuous apron of alluvium on moderately sloping ground along the toe of the landslide complex in the eastern part of the fi|ing. Large scale landslide movements do not appear to have occr.ured at the toe of the laadslide complex since the fans developed. The fans probably developed during the late Pleistocene and. early Holocene, over 5,000 years ago, as a result of flash flood and debris flow deposition. The fan deposits consist of sandy clay with varying amounts of rock. The rock is predominantly sub-angular to rounded, basalt and sandstone gravel, cobbles and boulders. FMLD MCLOruTION The field exploration for the project was conducted on March 17 and 18, 1998. Eleven expioratory borings were drilled at the locations shown on Fig. 1 to evaluate the subsurface conditions. The borings were advanced with 4 inch diameter continuous fligbt auger powered by a traclc-mounted CME-45 drill rig. The borings were logged by a representative of Hepworth-Pawlak Geotechnical, Inc, ' Sarrples of the subsoils wele taken with Iz/e inch and 2 inch I.D, spoon sarnplers. The samplers were driven into the subsoils at various depths wittr blows from a 140 pound hammer faliing 30 inches. This test is similar to the standard penetration test described by ASTM Method D-1586. The penetration resistance values are an indication of the relative density or consistency of the subsoils. Depths at which the sampies were taken and the penetratiou resistance values are shown oo the Logs of Exploratory Borings, Figs. 2 and 3. The samples were returned to our laboratory for review by the Project engineer and testing. SUBSTJRFACE CONDITIONS Graphic logs of the subsurface conditions encouutered at the site are shown on Figs. 2 and 3. The subsoils consist of about Vz to 3r/z feet of topsoil over$ing nil to 23 I IL-- T1 I 1", - t* t- t t- L_- r : t_ t fr It_ I I f' L" Ht,L t r l_ t H.P GEOTECH -6- feet of stiff silty sandy clay. Relatively dense silty to clayey sand and gravel with basalt and sandstone'fragments to boulder size was encountered beneath the clay at depths between 1 and 20feet. Laboratory testing performed on samples obtained from the borings included nanual moishrre content and density, Atterberg limits, unconfined compressive strength, gradation analyses and Hveem stabilometer 'R' value. Resulg qf swell- consolidation testing performed on relatively undisturbed drive samples, presented on Figs. 5 through 8, generally indicate low to moderate compressibitity under of loading and wetting. A minor to low expansion potential was generally indicated when the samples were wetted at a ligbt confining pressure, The sample from Boring at 4 feet depth showed a high expansion potential after it was air dried l-/ Results of gradation analyses performed on small.diamerer ve samples (minus s). lV2 inch fraction) of the coarser subsoils are shown on Fig. 9. The laboratory testing is sumrnarized in Tabte I. . No free water was encountered in the borings at the time of drilling or when checked I to 2 days later. The subsoils were slightly moist to moist. GEOLOGIC ASSESSMENT Development of the filing as planned should not encounter severe geologic constraints or potential hazards. There are several conditions ofa geologic nature that should be considered in development planning fbr Filing 4. These conditions are described in this section along with potential risks and possible mitigation options. LA}IDSIDE DEPOSIT The toe of the landslide, complex in the project area appears to have been dormant with respect to large scale movements for several thousauds of years or longer. Based on this, is seems unlikely that a large scale reactivation of the landslide could occur during the service life of the development. There corrld be some potential for local slope instability ftom grading and surface drainage modifications associated with development. H.P GEOTECH -7- The impacts an:drisks ofthis condition can be reduoed by limiting development on the Ialrdslide deposit. Additional subsuface exploration, ground water and slope movement monitoring could be performed to evaluate the sfability condition of the iandslide cornplex. The uronitoring would continue for at least one snowpack melt season. The developer and individual lot owners should be aware of the landslide condition and that buitding on landslides is not totally risk free, even if they have been dormant for a iong time. The water tank over flow is on the steep slope above planned residential lots and should be improved as a confined ohannel. FLOODING The potential for flash flooding should be included in the storm water management plan for the filing. A hydrologist should evaluate the flood potential for the drainage basins above the all.uvial fans and the capacity of the natural fan channels. Flooding on the large fan in the southern part of the filing could include hyperconcentrated debris flood and debris flows, Mitigation, if needed, could include channel improvements, deflection struchues or flood proofing and direct building protection. EARTHQUAKE C ON SIDERATI ONS The project area could experience moderately strong earthquake related ground shaking. Modified Mercalli Intensity VI ground shaking shouid be expected during a reasonable service life for the development, but the probability for stronger ground shaking is low. Intensity VI ground shaking is felt by most people and causes general alarm, but results in negligible damage to structures of good design and construction- The faults in the region, in our opinion, do not increase the seismic potentiai of the site. AII occupied structures should be designed to withstand moderately stong ground shaking with little or n0 damage and not to collapse under strouger ground shaking. The region is in the Uniforrn Buitcling Code, Seismic Risk Zone 1. Based on our current understandiug of the earthquake hazard in this part of Cotorado, we see no reason to increase the commonly accepted seismic risk zone for the area. H.P GEOTECH -8- PRELIMINARY GEOTECHI\ilCAL ENGINEERING EVALUATION The geotechnical evaluations and recommendations presented below are based on our eurrent understanding of the proposed development eubsurface conditions encountered in the exploratory borings, the laboratory testing and our experience in the area. The recommendations are suitable for plauning and preliminary design but site specitic studies should. be corducted tbr individual lot development. FOUNDATION BEARING CONDITIONS Bearing conditions will vary depending on the specific location of the building on the properry. In most areas sandy clay and clayey sand and gravel wiil be encountered at typical foundation bearing depths for buildings with and without basements. Based on the nature of the proposed construction spread footings bearing on the natural subsoils should be suitable for building support with some risk of rnovement if the bearing soils become wetted. We expeet the footings can be sized for an allowable bearlng pressure ln the raf,ge of 1,500 psf to 3,000 psf. The footings may need to be designed to irnpose a minimurn dead load pressure to limit potential heave of expansive clays. A drilled pier foundation system may be an option in moderate to high expansive areas. The expansion potential should be evaluated on a site specific basis. Foundation walls should be heavily reinforced to span local anomalies, better withstand the effects of differentiai movements and to resist lateral earth loadings when acting as retaidng structures. Below grade areas and retainirg walls shouid be protec&d from wetting and hydrostatic loading by use of an underdrain system. The footings should have a minimum depth of 36 inches for frost protection. Large boulders anil difficuit excavation conditions could be encountered. FLOOR SLABS It should be feasible to use slab-on-grade corstmction at most building sites. There could be some post construction slab rnovement at sites with exBansive clays. H.P GEoTECH -9- Structgral floors above crawlspace may be advisable if highly expansive conditions are ercoutrtered at the building site. To reduce the adverse effects of differential slab movement, floor siabs should be separated from all bearing walls and columns with exparsion joints. Floor slab confrol joints should be used to reduce damage due to shrinkage cracking. UNDERDRAIN SYSTEM Because of the potential for temporary perched gtoundwater following periods of heavy precipitation or seasonal snow melt, it is recommended that below grade constnrction be protected by an underdrain system. The drains should consist of drainpipe surrounded above the invert ievel with free-draining granular material. The drain shouid be placed at each level of excavation and at least 1 foot below lowest a_djacent finish grade and sloped at a minimum L% ta a suitable gravlty outlet. Free- draining granular maierial used in the underdrain system should contain less than 2% passing the No. 200 sieve, less than 50% passing the No. 4 sieve and have a maximum stze of 2 inches. The drain gravel should be at least 172 feet deep. SITE GRADtr.IG The risk of constnrction-induced slope instability at the site appears low provided the buildings are located in the less steep lower part of the propeffy as generally planned and cut and frll depths are limited. Cut and frll depths for the buildings, driveways and subdivision roads should not exceed about 10 to 12 feet. Deeper cuts and fills may be feasible and should be studied on an individual basis. Strucnrral embankment fills should be eompacted to at leaslgl7o of the maximum standard Proetor density near optimum moisture content, Prior to fill placement, the subgrade shoul.d be carefully prepared by removing ali vegetation and topsoil. The fill shouli be benched into the portions of the hillside exceeding 2070 grade. The on-site soils excluding oversized roek and topsoil should be suitable for use in embankment fills. t'- : I f L- H-P GEOTECH -10- Permanent unretained cut and fill slopes should be graded at 2 horizontal to 1 vertical or flatter and protected against erosion by revegetation, rock riprap or other means. Oversized rock from embankurent fill construction will tend to collect on the outer face. Care should be taken to prevent rockfall into developed areas downslope of ttre embanlcrnent toe. This.office should review site grading plans for the project prior to constnrction. SIJRFACE DRAINAGE The grading plan for the subdivision should consider runoff from steep uphill slopes through the project and at individual sites. 'Water should not be allowed to pond which could impact slope stabiliry and foundations. To limit infiltratibn into the bearing soils next to buildings, exterior bacldill should be well compacted and have a positive slope away from the building for a distance of at least 10 feet. Roof downspouts and drains should discharge well beyond the limits of al.l backfill and landscape irrigation should be restricted. PAVEMENT STTBGRADE A pavement section is a layered system designed to distribute concentrated traffic loads to the subgrade. Performance of the pavement structure is directly related to the physical properties of the subgrade soils and traffic loadings. Soils are represented for pavement design purposes by means of a soil support value for flexible pavements and a modulus of subgrade reaction for rigid pavements. Both values are empirically related to strength. The subgrade soils will likely vary throughout the deveiopment. In general, it appears that medium plastic clays will be encountered at shallow depth. An Hveem 'R' value of 5 was determined for a sample of the plasticity elays. Wheu the streets zue trear finished grade, it is recommended that specific sampling and testing be performed to determine appropriated subgrade 'R' values for the actnal subgrade conditions. We expect the clays wili have a typical 'R' value of L0 and the gravelly soils wili have typical 'R' value of 20 to 30. Stnrctural frll placed for H-P GEOTECH -11 - road subgrade should be compacted to at least 95Vo of, standard Proctor density at a moistnre content near optimrrm. The on-site soils, exslusive of topsoil and oversized rock, are zuitable for road fil!. Soft subgrade may be encountered in areas of shallow or perched groundwater and could require improvement' In soft areas, imprOvements nray require partial strlpprng and placement with a geotextile and reinforcement mat (such as Tensar SS-1 geogro and additional subbase agFegate. The geotextile'and reinforcement mat should be irutalled according to manufacturer's spgcifications- The road subgrade should be proof rolled with a heavily loaded rubber+ired vehicle and soft deflecting areas stabiiized prior to placement of the pavement section' We can assist with the pavement design when the subgrade conditions and traffic loading are better known. LIMITATIONS This study has been conducted according to generally accepted geotechnical engiueering principles and practices in this area at this time' We make no warraoty either expressed. or implied, The conciusions and recommendations submitted in this report are based upon the data obtained from the field reconnaissance, review of pubiished geologic reports, the exploratory borings located as shown on Fig' 1, the proposed type of construction and our experience in the area. Our findings include iirterpolation and extrapolation of the subsurface conditions identified at the exploratory borings and variations in the subsurface conditions may not become evident until excavation is performed. If conditions encountered during constructior aPPear different from those described in this report, we should be notified so that re-evaluatiou of the recommendations maY be made' This report has been prepared for the exclusive use by our client for planning and preliminary design purposes. We are not responsible for tectrnical interpretations by others of our information. As the project evolves, we shouid provide continued consuitation, conduct additional evaluations and review and monitor tbe implementation of our recommendations. significant desigo changes may require additionai analysis or H.P GEOTECH -j -- -- .; :' --l _: I: .i -12- rrodifications to the recommendations presented herein. We recommend on-site observation of excavations and foundation bearing strata ard testing of struchxal fill by a represetrtative of the geotechnical engineer. Respectfully Submitted, . PAWT.AK INC. lordy Z.Jr. P.E By cc Steven L. Pawlak P.E. JZAlksm Jerome Gamba & Associates, Irc, - Attn: Robert Pennington Western Slope Consulting - Attn: Davis Farrar REFERENCES Kirkham, R.M. and Others, L996, Geology Map of the Cattle Creek Quadrangle, Garfield County, Colarado: Colorado Geological Survey Open File Report 96-1. Kirlctram, R.M. and Widmann, 1997, Geologt Map of the Carbondale Quadrangle, Garfield County, Colorado: Colorado Geological Sr:rvey Open File Report 97-3 747 F L - RT H.P GEOTECH -10- permanent unretained cut and fill slopes should be graded at 2 horizonul ts 1 verticai or flatter'and protected hgainst erosion by revegetation, rock riprap or other means. Oversized rock from embankment fill construction will tend to collect on the outer face. Care should be takeu to prevent rockfall into developed areas downsiope of tle embankrnent toe. This.ofFrce should review site grading plaru for the project prior to construction. SURFACE DRAINAGE The grading plan for the subdivision should consider runoff from steep uphill slopes through the project and at individual sites. Water should not be allowed to pond which could impact slope stability and foundations. To limit ffiltration into the bearing soils next to buildings, exterior bacldrll should be weli compacted and have a positive slope away from the building for a distance of at least L0 feet. Roof downspouts and drains should discharge well beyond the limits of all bacldill and landscape irrigation should be restricted. PAVEMENT SUBGRADE A pavement section is a layered system designed to distribute concentrated trafflrc loads to the subgrad.e. Performance of the pavement structure is directly related to the.physical properties of the subgrade soils and traffic loadings' Soils are represented for pavement design purposes by means of a soil support value for flexible pavements and a modulus of subgrade reaction for rigid pavements' Both values are empiricallY related to strength. The zubgrade soils witl likely vary throughout the development. In general, it appears that medium plastic clays will be encountered at shallow depth. An Hveem 'R', value of 5 was determined for a sample of tle plasticity clays' When the streets are trear frnished grade, it is recornnended that specific sampling and testing be performed to determine appropriated subgrade 'R' values for the achral subgrade conditions. we expect the clays will have a typical 'R' value of 10 and the gravelly soils will have typical 'R' value of 20 to 30. Structural fiil placed for H.P GEOTECH -11 - road subgrade should be compacted to at leastg5To of standard Proctor density at a moisture sontent near optimum. The on-site soils, exclusive of topsoil and oversized rock, are suitable for road frll. Soft subgrade may be encountered in areas of shallow or perched groundwater and could require improvement. In soft areas, irnprovements may require partial stripping and placemest with a geotextile and reinforcement mat (sueh as Tensar SS-1 geogrid) and additional subbase aggregate. The geotextile.and reinforcement mat should be installed according to manufachrrer's sprcifications. The road subgrade ehould be proof rolled witb a hcavily ioaded rubbcr-tired vehicle and soft deflecting areas stabilized prior to placernent of the pavement section. We can assist with the pavement design when the subgrade conditions and traffic loading are befier known. LIMTTATIONS This stttdy has been conducted according to generdlly accepted geotechnical engineering principles and practices in this area at this time. We make no wailanty either expr:essed or implied, The conclusions and recommendations submitted in this report are based upon the data obtained from the field reconnaissance, review of published. geologic reports, the exploratory borings located as shown on Fig. r, *r* proposed type of construction and our experience in the area. Our findings include interpolation and extrapolation of rhe subsurface conditions ideutified at the exploratory borings and variations in the subsurface condi[ions may not become eVident until excavation is performed. If conditions eucountered duriag construction appear different from those described in this reporl, we should be nolified so that re-evaluation of the recommendations may be made. tTrL:- -^--r L-- L--- --------l I-- tl-- ----r---i--- ---- L-- ----- ^t!^-- !-, -t---:--rruu rcPurr uas ucElr PftrPa[cu t(,r ule exgluslYe usg oy our clleru, ror Plalurlllg and preliminary design purposes. We are uot responsible for technical interpretations by others of our information. As the project evolves, we shouid provide coutinued consuitation, couduct add.itional evaluations and review and, monitor the impiementation of our recommendations. Significant design changes may require additional analysis or _t H-P Geotecn -12- modifications to the recommendations preseffed herein. 'We recommend on-site observatioa of excavations and forurdation bearing strata and testing of stnrctural fill by a representative of the geotechnical engineer. Respectfully Submitted, . PAWLAK GEOTECHMCAL ,INC Iordy Z.Jr. P.E. By AJ- .+ Eai/,;+-* F- cc: StevenL. Pawlak P.E. JZAlksm Jerome Gamba & Associates, Inc. - Attn: Robert Pennington Western Slope Consulting - Attn: Davis Farrar REf,ERENCES Kirlqfram, R.M. and Others, 1996,Geology Map of the Cattle Creek Quadrangle, Garfield County, Colorado: Colorado Geological Survey Open File Report 96-1. Kirkham, R.M. and Widmann, 1997, Geologt Map of the Carbondale Quadrangle, Garfield County, Colorado: Colorado Geological Survey Open File Report 97-3. i- !- r IIL. I IL- t l-L t t-t- l-l I IL- f.' t_ I r-t t t_ R 707 F ,TJAL H-P GeorecH