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Home My WebLink About1.0 ApplicationOLSZEWSKI, MASSIH & MAURER, P.C. Eow ARD B. OLSZEWSKI MELODY 0. MASSIH AMANDA N. MAURER ATTORNEYS AT LAW 1204 GRAND A VENUE P.O.Box916 GLENWOOD SPRINGS, CO 81602 www.ommpc.com August 17, 2020 Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Amended Plat Urquhart Subdivision Exemption TELEPHONE: (970) 928-9100 FACSIMILE: (970) 928-9600 Property Located in SW¼ NW¼ and SE ¼ NW ¼, Section 11, T6S R93W of 6th PM Owners/ Applicants: CRl 12, Inc., Robert 0. Klein, Ameritech, Ltd. Dear Community Development: Enclosed please find the Final Plat Amendment Application for the above-referenced property ("Property") and associated documentation supporting this Application. This Property is located in the Limited Commercial Zone District, and has been used for the GMCO Corporation office and maintenance shop for the corporation since 2005. This Property complies with zoning, is in general conformance with the Garfield County Comprehensive Plan, and the nature, scale and intensity of the current uses are compatible with adjacent land uses. The purpose of this Application is to amend the original 2 acre parcel as indicated on the Urquhart S.B. 35 Exemption and to eliminate previous parcels contained in recorded deeds that were created outside of the rules provided by Garfield County for the Subdivision of Land. The Final Plat Amendment reconfigures the property into three parcels. The Final Plat Amendment will allow for a lot line adjustment to increase the size of the previously platted Urquhart Subdivision Exemption Lot of 2 acres to 7 .539 acres. See Lot 2, Amended Final Plat, Urquhart Subdivision Exemption Plat ("Amended Final Plat"). The reconfigured Lot 2 conforms to past recorded deeds that described the 7.539 acres of land. The Amended Final Plat also shows the remainder parcel (Lot 1) of 36.010 acres, and an existing parcel lying westerly of County Road 210 in the amount of 8.926 acres (Lot 3). CRl 12, Inc. is the owner of Lots 1 & 3. Ameritech, Ltd. is the owner of Lot 2. No non-conforming conditions will result from the amendment. No new lots are being created, and there will be no changes to drainage, access easements or utility services on the Property. Applicants are requesting a waiver of the improvements agreement as set forth in Section 4-203 of the Code as it is unnecessary. There is no homeowner association for this Property and no necessity for documents to govern the Property such as codes, covenants and/or restrictions as set forth in Section 5-402(1) of the Code. No provisions of Article 7 of the Code are implicated by this Application and as such are inapplicable. OLSZEWSKI, MASSIH & MAURER, P.C. Garfield County August 17, 2020 Page 2 of2 In support of this Application, I enclose the following: 1. Signed Divisions of Land Application Form, Final Plat Amendment; 2. Copy of Pre-Application Conference Summary updated May 20, 2020; 3. Letter of Authorization from CR 112, Inc., authorizing Edward B. Olszewski and Melody D. Massih to act as the agents/attorneys on behalf of CR 112, Inc. for this Application; 4. Statement of Authority for CR 112, Inc.; 5. Statement of Authority for Ameritech, Ltd; 6. Title Policies for the Property to show proof of ownership and showing a lack of any lien holders on the Property; 7. Names and mailing addresses of properties within 200 feet of the subject Property and assessor's map showing properties; 8. Names and mailing addresses of mineral owners and Certification of Mineral Owners Research form; 9. Original Exemption Plat Recorded at Reception No. 369555 on March 18, 1986 in the records of the Garfield County Clerk and Recorder's Office; 10. Affidavits of Scrivener's Error; 11. Amended Final Plat (Proposed) with vicinity map; 12. Check from Olszewski, Massih & Maurer, P.C. for fees in the amount of $100.00 and signed Payment Agreement Form. Please process this Application as soon as practicable and direct any correspondence to my office. If you have any questions or require additional information to process, please contact me. Thank you for your assistance. Very truly yours, Enclosures cc: clients, w /encl., via email Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com TYPE OF SUBDIVISION/EXEMPTION 17 Minor Subdivision r l Major Subdivision D Sketch[ l Preliminary I lFinal r l Conservation Subdivision D Yield □Sketch r lPreliminaryr 7Final I I Time Extension INVOLVED PARTIES a Owner/ Applicant II DIVISIONS OF LAND AP.PUCA lilON F.ORM ~ .. II n Preliminary Plan Amendment r7l Final Plat Amendment D Common Interest Community Subdivision D Public/County Road Split Exemption D Rural Land Development Exemption r l Basic Correction Exemption II Name: CR112, Inc., Bob Kline, Ameritech, Ltd. Phone: ( 970 )625-9100 Mailing Address: P.O. Box 1480 City: Rifle State: CO Zip Code: 81650 E-mail: jhenderson@gmcocorp.com Representative (Authorization Required) Name: Edward Olszewski Phone: ( 970 ) 928-9100 Mailing Address: P.O. Box 916 City: Glenwood Springs State: CO Zip Code: 81601 E-mail: ed@ommpc.com l PROJECT NAME AND LOCATION Amended Plat Urquhart Subdivision Exemption ' 0 1111 - Project Name: Assessor's Parcel Number: --------------- Physical/Street Address: Legal Description: See Attached zone District: Commercial Limited Property Size (acres): Approximately 69 acres Iii ProJect Descrlatlon :)• --~ -~ - ' - Exlstlna Use: Storage and operatlona for oorrmaraal use. Proposed Use (From Use Table 3-403): No change 1n use, the prope111es will remain as Commerclal Limited Description of Project: The Urquhart Subdlvlalon Exemption Plat needs to be amended to conect put em11a In legal daac:rtptlons, make lot lne adjus1rnents and obtain County approval lor l9COl\lgllnld lot. See attached Plat for details ,egarding lot configurations. ProDosed Development Area Appfflldmately 69 18Q'ff land Use Type #of Lots #of Units Acreaae Parking Single Family Duplex Multi-Family Commercial 3 52.61480, 7.639ac, 8.928ac Industrial Open Space Other Total "REQtJESTr 'F.OR WAIVERS submission Requirements □ The Applicant requesting a Waiver of Submission Requirements per Section 4·202. list: Section: ____________ Section: ____________ _ Section: 4-203, Improvements Agreement Section: ____________ _ Waiver of Standards □ The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: ____________ Section: Al1lcle 1 standard& an, not applicable Section: ____________ Section: ____________ _ I have read the statements above and have provided the required attached Information which Is FIie Number: ____ -___ _ Fee Paid:$. __________ _ cE; Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE-APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBERS: 2177-112-00-292 & 2177-112-00-293 DATE: 3/12/15 Updated 9/10/15 & 5/20/20 PROJECT: Amended Plat Urquart Subdivision Exemption OWNERS: Bob Kline & Ameritech Dick Stevenson, Owner CR 112 Inc. REPRESENTATIVE: Bob Kline, Tim Whitsitt, Attorney, Jeanne Hayes, Paralegal Ed Olszewski, Olszewski, Massih & Maurer P.C. SURVEYOR: Scott Aibner, River Valley Survey Inc. PRACTICAL LOCATION: Approximately 1 mile east of the City of Rifle, off of County 210 ZONING: Commercial Limited (CL) LOT SIZES: 2 Acres and approximately 57 acres TYPE OF APPLICATION: Amended Plat I. GENERAL PROJECT DESCRIPTION The Applicant is proposing an amendment to the Urquart Subdivision Exemption plat to allow for a lot line adjustment. The adjustment proposed would increase the size of the Urquart Subdivision Exemption lot from 2 acres to 7.98 acres. The adjustment would add property along the east and northerly lot lines. The reconfigured lot would conform with past conveyances of real estate that described the 7 .98 acre tract but had not obtained County approvals for the subdivision or plat amendments necessary to create the tract. The lot line adjustment and related documents are intended to clean up any title discrepancies associated with the property. The 2 acre parcel is held in ownership by Ameritech a company represented to be operated/owned by Bob Kline. The remainder of the 7 .98 acre parcel is owned by Bob Kline. Documentation of ownership and a Statement of Authority for Ameritech authorizing Bob Kline will be required. The original plat was recorded at Reception #369555 and a copy of it needs to be included in the application submittal. An amended plat will need to include the original lot and shown the proposed addition/amendment. The County is still reviewing several issues including: • Whether the balance of the original remainder parcel (approximately 52 acres in size) will need to be shown on the amended plat and/or if a boundary line adjustment affidavit will be required. • Legal creation of Lot 3 as shown on the draft amended plat and whether additional county review/approvals are needed for said Lot 3. • Use of Surveyor Correction Deeds or Surveyor Scribner Error/Correction Affidavits for a number of relevant deeds and documents. The Application will need to include enough improvement location information to confirm that no nonconforming conditions will result from the lot line adjustment. The Applicant has represented that no new lots would be created, and the Application needs to address if there are any changes to access utilities, or easements proposed. The plat will need to include all signature blocks and certificates and will need to show any easements on or across the property. The Plat will be reviewed for accuracy by the County Surveyor. II. REGULATORY PROVISIONS APPLICANT IS REQURED TO ADDRESS The Amended Plat process is an Administrative Review, with decision by the Director of the Community Development Department. The following is a summary of regulatory provisions that will need to be addressed. • Garfield County Comprehensive Plan 2030 • Garfield County Land Use and Development Code o Section 5-305 Amended Final Plat o Table 5-401 Submittal Requirements o Table 5-103 Common Review Procedures and Required Notice o Section 4-103 Administrative Review o Section 5-402 Description of Submittal Requirements o Article 7, Division I, 11, and Ill, as applicable o Section 4-118, & 4-202 Waivers from Standards & Submittal Requirements Ill. REVIEW PROCESS A brief summary of the Administrative Review Process is provided below: 1 . Pre-application Conference 2. Submittal of the Application (3 hardcopies, 1 on CD) 3. Determination of Completeness and submittal of additional copies of the Application for referrals 4. Scheduling of a date for the Director's Decision 5. Completion of required public notice (certified mailing to adjacent property owners and certified return receipt requested mailing to all mineral rights owners on the property) 5. Evaluation by Director/Staff Review 6. Director's Decision 7. Ten Day Call-up Period 8. Finalize Plat, Verify Conditions have been Satisfied 9. Circulation of plat for signatures 10. Execution of the Plat by the Board of County Commissioners and Recording Public notice 15 days prior to the Director's Decision is required by mailing to adjacent property owners within 200 ft. and mineral rights owners on the subject parcel. The decision can be called up for review by the Board of County Commissioners. IV. SUBMITTAL REQUIREMENTS As a convenience outlined below is a list of information typically required for this type of application: , Proof of Ownership for the parcels (title work or copies of deeds) along with information on any lien holders or lack thereof. ► Names and mailing addresses of properties within 200 ft. of the subject property. Mapping from the Assessor's Office showing ownership is recommended. ► Mineral rights ownership for the subject property including mailing addresses of any mineral rights owners on the subject property. Information on how the lists were researched and mineral rights research form (see attached) needs to be provided. ► If owner intends to have a representative (Planner/Surveyor or Attorney) complete the Application and processing, then a letter of authorization is needed. ► Copy of the Pre-application Summary needs to be submitted with the Application. ► Copy of the Application Form, Application Fees and signed Payment Agreement Form . }.-The proposed amended plat with all standard certificates showing the original lot and the proposed parcel configuration. All easements need to be shown on the plat. , A plat note indicating the purpose of the amended plat should be included. ► The plat should include improvement location information relevant to the area of the proposed amendment adequate to demonstrate that no non-conforming conditions will result from the plat amendment. ► Vicinity Map showing an area within approximately 3 miles of the site. ► A copy of the current/original Exemption Plat and Resolution. }.-The Application should include at a minimum representation that the amendment will not result in any changes to drainage, access, utility services or any other applicable provision of Article 7. ► The Application may include requests for waivers from certain submittal requirements including provision of an Improvements Agreement, based on Section 4-202. ► Information on any covenants applicable to the property should be provided. ► A narrative describing the request explaining details and relevant ownership history needs to be provided. V. APPLICATION REVIEW a. Review by: b. Public Hearing: c. Referral Agencies: Staff for completeness recommendation and referral agencies for additional technical review _x_ Director's Decision {with notice -not a public hearing) _ Planning Commission _ Board of County Commissioners _ Board of Adjustment May include but are not limited to Garfield County Surveyor, Garfield County Attorney, Garfield County Road and Bridge Department, Garfield County Assessor's Office. VI. APPLICATION REVIEW FEES a. Planning Review Fees: $100 b. Referral Agency Fees: $ TBD -consulting engineer/civil engineer fees c. Total Deposit: $ 100 {additional hours are billed at $40.50 /hour) VII. GENERAL APPLICATION PROCESSING The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six-month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal. Pre-application Summary Prepared by: Glenn Hartmann Principal Planner _6/5/20 __ Date Garfield County Amended Final Plat Review Process (Section 5-305) Step 1 : Pre-application Conference •Applicant has 6 months to submit appllcatlon Step 2 : Application Submittal Steµ 3 : Completeness Review •10 business days to review •If Incomplete, 60 days to remedy deficiencies Step 4 : Schedu l,. Decision Date and Provide Notice ~·--- •Mailed to adjacent property owners within 200 feet and mineral owners at least 15 days prior to decision date Step 5 : Referral •21 day comment period Step 6 : Evalut ion by Director Step 7: Director's Decision •Call-up Period -within 10 days of Director's Decision •Final Plat must be signed by the BOCC and be recorded within 10 business days of approval. c:C}t Garfield County CERTIFICATION OF l\UNERAL O\VNER RESEARCH This form is to be completed and submitted with any appl/catlon for a Land Use Change Permit. Mineral interests may be severed from surface right interests in real property. C.R.S . § 24-65 .5-101, et seq, requires notification to mineral owners when a landowner applies for an application for development from a local government. As such, the landowner must research the current owners of mineral Interests for the property. The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4-101(E)(l)(b)(4) requires written notice to owners of mineral interests In the subject property in accordance with C.R .S. § 24-65.5-101, et seq, "as such owners can be Identified through the records In the office of the Clerk and Recorder or Assessor , or through other means." Th is form is proof of applicant's compliance with the Colorado Revised Statutes and the LUDC. The undersigned applicant certifies that mineral owners have been researched for the subject property as required pursuant to C.R.S . § 24-65.5-101, et seq, and Section 4-101 (E)(l)(b)(4) of the Garfield County Land Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies the followins {Please Initial on the blank line next to the statement that accurately reflects the result of research): _ I own the entire mineral estate re lative to the subject property; or _ Minerals are owned by the parties listed be low Th e names and ad d resse s of any and all m ine ra l owners iden t ifi ed are provided below (attac h add itio nal pa ge s as necessary): Name of Mineral Owner Mailing Address of Mineral Owner I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the LUDC. Applicant's Signature Date 1unc9,2020 To Whom It May Concern: CR 112, Inc .• a Colorado Corporation, hereby anthori7.cs Edward B. Olszewski and Melody D. Massih .of Olszewski, Massih & Maurer. P.C. to act as our agents and attorneys for the purposes. of pursuina an application with Garfield Counly for an Amended Plat for the Urquhart Subdivi · • emption including all related mattets. !'lease contact me should you have any ~ ons. CR 112.t .• a Co rado Coiporation Rio Stephenson, aka Dick Stephenson President. CR 112, Inc. P.O. Box 1220 Carbondale, CO 81623 Garfield County STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of CR112, Inc. a Colorado Corporation (.corporation, limlted Uablllty company, general partnership. registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an lndMdual, capable of holding title to real property (the "Entity''), and states as follows: The name of the Entity ls _C_R_1_12_,_In_c. ____________________ __, and Is formed under the laws of Colorado ----------------~----------· The malllng address for the Entity Is P.O Box 1220, Carbondale, co 81823 The name and/or position of the person authorized to execute Instruments conveying. encumbering, or otherwise affecting title to real property on behalf of the Entity Is Rlch8fd K. Stephenson aka Clck Stephatison The limltatlons upon the authority of the person named above or holding the position described above to blnd the Entity are as follows (if no limitations, insert "Noneu): _N_on_e _________ _ Other matters concemtng the manner in which the Entity deals with any Interest In real property are (if no other matter, leave this section blank): __________________ _ EXECUTED this d une , 20_20 ___ . ------Signature: · Name (print K. Stephenson aka Olck Stephenson Title (If any): _P_resfd_e_nt __________ _ STATE OF _c_olo_rad_o ____ ) )SS. COUNlY OF Garfield ) ------- The foregoing Instrument was acknowledged before me this ..J./2_ day of Ju.n, , 20 2.D by R..,·wr.d.. K,. Sfe.pne-n.wn , on behalf of -""'C,..,_,R.""l{i.::2~.•';.an""'t..;.• _______ _,, a lolor,&elo Coqzoovb· an JENNIFER GOOLSBY Notary Public State of Colorado Notary ID # 20184014 784 wrtness my hand and official seal. My commission expires: o1/4El2t2z~ ( ate) [SEAL} M Commission Expirae 04-03-20'.! • t,lkdd-6VA ~l (Notary Public) STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of Ameritec, Ltd a Mlas1881ppl Corporation (corporation, llmlted liability company, seneral partnership, rqistered llmlted liability partnership, registered Umlted liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity ts _Am_ertte_c_L_td_. ---------------------.J and is formed under the laws of Miss1881ppl -------~------------------The mailing address for the Entity Is _37_H_l_nt_on_._T_yt_ert_ow_n, __ M_S_3966 __ 1 ___________ _ The name and/or position of the person authorized to execute Instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity Is Robert O. Klein, Managing Member 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 uNonen): _N_on_e __________ _ 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): __________________ _ JUNE Signature: -~=4-"--?~lr-----=----Name (print ): _____________ _ Title (ff any) Managing Member STATE OF LOUISIANA PARISH Of JEFFERSON The foregoins Instrument was acknowledged before me this _6_ day of JUNE by _B.O BERT KLEIN on behalf of AMERITEC LTD Witness my hand and official seal. )SS. ) 1 20 2020 a ~ ..K t? &/:;) Notary Public My Commiss ion expires: ELMER o. GIBBONS. m Notmf PabUo. State ol J.a. MJ eommJllldOll la IS1JU8cl tor We. Commonwealth Title Company of Garfield County, Inc. 127 E. 5th Street Whitsitt & Gross 320 Main Street, Suite #200 Carbondale, CO 81623 Attn: Tim Whitsitt Rifle, CO 81650 Phone (970) 625-3300 / Fax (970) 625-3305 1322 Grand Avenue Glenwood Springs, CO 81601 Phone (970) 945-4444 / Fax (970) 945-4449 Date: October 3, 2019 File No. 1609011-1 Property Address. 228 Power Line Road, Rifle Email: whitsitt@roaringforklaw.com COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 1609011-1 1. 2 . Effective Date: October 2, 2019 at 7:59 AM Policy or Policies to be issued: (a) ALTA OWNER POLIC Y (ALTA 6-17-06) Proposed Insured: (b) ALTA LOAN POLICY (ALTA 6-17-06) Proposed Insured: 3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and is at the effective date hereof vested in: CR112, Inc. 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: See Attached Exhibit "A" TITLE CHARGES Owner's Policy Standard Coverage $125.00 COUNTERSIGNED: pc:;czylck,p_ 'BU¥We-l1t --------~---~----------------- American Land Title Association Schedule A (Rev'd 6-06) Authorized Officer or Agent Valid Only if Schedule Band Cover Are Attached Issuing Agent: Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, CO 81650 File No. 1609011-1 EXHIBIT II A II A tract of land situated in the SW1/4NW1/4 and SE 1/4NW 1/4 of Section 11, Township 6 South , Range 93 West of the 6th P.M., being more particularly described as follows : Beginning at the intersection of the Westerly right of way of Garfield County Road No. 210 with the South line of the NW l/4 of said Section 11 , whence the West 1/4 comer of said Section 11 bears North 89°43'19" West 569.14 feet , thence along said Westerly right of way North 42°18'25" East 332.43 feet, thence departing said right of way North 72°57'46" West 281.31 feet, thence South 73°47'01" West 103 .93 feet , thence North 39°21'40" East 541.19 feet, thence North 25°41 '40" East 542 .00 feet, thence South 54 °28'20" East 405.26 feet to said Westerly right of way, thence North 00°24'44" East 341.23 feet to the North line of the said NW l/4 of said Section 11, thence along said North line South 89°48'53" East 1326.10 feet to the Northeast comer of said SE 1/4NW1/4, thence South 00°27'08" W 1317.66 feet to the Cl/4 comer of Section 11, thence along said South line of said NWl/4 North 89°43'20" West 2081.22 feet to the POINT OF BEGINNING . Excepting the following : A tract of land situated in SW1/4NW1/4 of Section 11, Township 6 South, Range 93 West of the 6th P.M. being more particularly described as follows : Beginning at the Southwest Comer of that parcel of land described in Book 687 at Page 355, whence the West 1/4 Comer of said Section 11 bears South 67°15'00" West 1134.15 feet, thence along the boundary of said parcel North 42 °07'18" East 26.03 feet, thence along a curve to the left with an arc length of 166.21 feet, a radius of 1976.21 feet, a central angle of 4°49'08" a chord bearing of North 39°42'49" East, a chord length of 166.16 feet , thence departing said boundary line North 34°43'18" East 303.89 feet, thence North 32°05'17" East 425 .84 feet; thence North 24°17'42" East 89 .86 feet to the Southerly right of way of County Road No. 221; thence along said County Road right of way South 89°48'53" East 122.82 feet; thence departing said right of way South 00°33'18" West 845.77 feet ; thence North 89°26'42" West 674.57 feet to the Point of Beginning . File No. 1609011-1 SCHEDULE B -SECTION 1 The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located . This commitment is for informational purposes only and no policy will be issued . NM6 American Land Title Association Commitment Schedule B -Section 1 -Form 1004-5 DISCLOSURES Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph F provides: "Whenever a title entity provides the closing and settlement service that is in conjunction with the issuance of an owner's policy of title insurance, it shall update the title commitment from the date of issuance to be as reasonably close to the time of closing as permitted by the real estate records. Such update shall include all impairments of record at the time of closing or as close thereto as permitted by the real estate records. The title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title commitment, for all undisclosed matters that appear of record prior to the time of closing." Provided Commonwealth Title Insurance Company of Garfield County, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. NOTE: Exception No . 4 of Schedule B -Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: A. The land described in Schedule A of this Commitment must be a single family residence, which includes a condominium or townhouse unit. B. No labor or materials may have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive appropriate affidavits indemnifying the Company against all unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A through C above is subject to such additional requirements or information as the Company may deem necessary; or, at its option, the Company may refuse to delete the exception. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Pursuant to C.R.S. §10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district . B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent . C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right, and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform. Pursuant to C.R.S. §10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. If the transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. §39-22-604.5 (Nonresident withholding). Pursuant to C.R.S. §38-35-125(2), no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. C.R.S. §39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the same as the property address) be included on the face of the deed to be recorded. File No. 1609011-1 SCHEDULE B -SECTION 2 Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed ofto the satisfaction of the company: I. Rights or claims of parties in possession not shown by the Public records . 2 . Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records . 5 . Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6 . Any and all unpaid taxes, assessments and unredeemed tax sales . 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded October 29, 1900 in Book 12 at Pa ge 545 and in patent recorded April 21, 1920 in Book 112 at Pa ge 522 . I 0. Right of way for County Road No. 210 and 221. 11. Easement granted to Colorado Ute Electric Association in instrument recorded October 4, 1976 in Book 489 at Pa ge IO I and in instrument recorded February 10, 1964 in Book 355 at Pa ge 568 . 12 . Terms and conditions of Garfield County Resolution No. 81 -198 recorded June 30, 1981 in Book 575 at Pa ge 748. 13. Easement and right of way for the Grand River Ditch and any other irrigation ditches, laterals, canals or pipelines. 14 . Non -exclusive easement for ingress and egress as depicted on the Urquhart S.B. 35 exemption plat recorded March 18, 1986 as Rece ption No . 369555 and as conveyed in deed recorded April 24, 1986 in Book 687 at Pa ge 355. 15. Non -exclusive easement and right of way 60 feet in width along the South 60 feet of the NW l/4 of Section 11 for installing and maintaining any and all utilities and for ingress and egress as described in deed recorded January 6, 1995 in Book 927 at Pa ge 709 . 16. Terms and conditions of wastewater service agreement recorded September 18, 2000 in Book 1207 at Pa ge 944 and as amended March 24, 2003 in Book 1449 at Pa ge 764 . 17. All mineral rights as conveyed to Western Slope Development Corporation in deed recorded November I 0, 2003 in Book 1536 at Pa ge 999 and any and all interest therein or assignments thereof. 18 . Terms and conditions ofagreement recorded September 24, 2004 in Book 1625 at Pa ge 537 and as amended December 6, 2004 in Book 1644 at Pa g e 887 and as amended May 4, 2005 in Book 1684 at Pa ge 889. 19. Terms and conditions of agreement recorded December 6, 2004 in Book 1644 at Pa ge 689. 20. Terms and conditions of agreement to terminate drilling restriction recorded September 24, 2004 in Book 1625 at Pa ge 554 and as amended December 6, 2004 in Book 1644 at Page 899 and as amended May 4, 2005 in Book 1684 at Pa ge 902 . (Continued) File No. 1609011-1 21. Right of way for County Road No. 210 SCHEDULE B -SECTION 2 (Continued) 22 . Deed of Trust from CRI 12, Inc . to the Public Trustee of Garfield County for the use of ANB Bank, showing an original amount of $1,275,000.00, dated November 18, 2016 and recorded November 29, 2016 as Rece ption No .885794. 23 . Deed of Trust from CRI 12, Inc. to the Public Trustee of Garfield County for the use of ANB Bank, showing an original amount of $835,000.00, dated March 21, 2017 and recorded March 24, 2017 as Rece ption No.890489 . 24. Any loss, claim or damage due to an error in the legal description for the exception parcels in Deeds recorded March 24, 2003 in Book 1449 at Pa ge 744 and November 3, 2011 as Rece ption No . 810288 . NOTE: EXCEPTION(S) NIA WILL NOT APPEAR IN THE POLICY TO BE ISSUED HEREUNDER. The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B - Section 2, the following items: (I) The Deed of Trust, if any, required under Schedule B -Section I . (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales . NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction . American Land Title Association Commitment Schedule B -Section 2 Form I 004-12 COMMONWEAL TH TITLE COMPANY PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information -particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, we have adopted this Privacy Policy to govern the use and handling of your personal information . Applicability This Privacy Policy governs our use of the information which you provide to us . It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity . Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • • • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means . Information about your transactions with us, our affiliated companies, or others; and Information we receive from a consumer reporting agency . Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (I) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements . Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information . Commonwealth Title Company of Garfield County, Inc. 127 E. 5th Street Whitsitt & Gross 320 Main Street, Suite #200 Carbondale, CO 81623 Attn: Tim Whitsitt Rifle, CO 81650 Phone (970) 625-3300 / Fax (970) 625-3305 1322 Grand Avenue Glenwood Springs, CO 81601 Phone (970) 945-4444 / Fax (970) 945-4449 Date: October 3, 2019 File No. 1609010-1 Property Address. 836 County Road 210, Rifle Email: whitsitt@roaringforklaw.com File No. 1609010-1 COMMITMENT FOR TITLE INSURANCE SCHEDULE A l. Effective Date: October 2, 2019 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) Proposed Insured: (b) ALTA LOAN POLICY (ALTA 6-17-06) Proposed Insured: NIA 3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and is at the effective date hereof vested in: Ameritec Ltd. 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: See Attached Exhibit "A" TITLE CHARGES Owner's Policy Standard Coverage $125.00 COUNTERSIGNED: pc;m-lck,,p, Burwellt --------~--~~~---------------- American Land Title Association Schedule A (Rev'd 6-06) Authorized Officer or Agent Valid Only if Schedule B and Cover Are Attached Issuing Agent: Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, CO 81650 File No. 1609010-1 EXHIBIT II A II A parcel of land situate in the SW¼ of the NW¼ and the SE¼ of the NW¼ of Section 11, Township 6 South, Range 93 West of the 6th P.M., described as follows: Beginning at a point on the Southeasterly right of way of County Road No . 210, whence the stone monument for the West ¼ corner of said Section 11 bears South 62°47'28" West 1308.22 feet, thence leaving said right of way North 72°02'00" East 58 .08 feet; thence North 61°37'39" East 118 .39 feet, thence South 89°38'00" East 222.46 feet, thence South 221.07 feet, thence West 504.07 feet to a point on said Southeasterly right of way, thence North 41 °34'00" East 26 .03 feet; thence along the arc of a curve to the left 166.21 feet having a radius of 1976 .21 feet of which the chord is North 39°09'26" East 166.16 feet to the Point of Beginning TOGETHER WITH a non-exclusive easement for ingress and egress as depicted on Urquhart S.B. 35 Exemption Plat recorded March 18, 1986 as Reception No. 369555 File No. 1609010-1 SCHEDULE B -SECTION 1 The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located. This commitment is for informational purposes only and no policy will be issued. NM6 American Land Title Association Commitment Schedule B -Section I -Fonn 1004-5 DISCLOSURES Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph F provides: "Whenever a title entity provides the closing and settlement service that is in conjunction with the issuance of an owner's policy of title insurance, it shall update the title commitment from the date of issuance to be as reasonably close to the time of closing as permitted by the real estate records. Such update shall include all impairments of record at the time of closing or as close thereto as permitted by the real estate records . The title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title commitment, for all undisclosed matters that appear of record prior to the time of closing." Provided Commonwealth Title Insurance Company of Garfield County, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. NOTE : Exception No. 4 of Schedule B -Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: A. The land described in Schedule A of this Commitment must be a single family residence, which includes a condominium or townhouse unit. B. No labor or materials may have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive appropriate affidavits indemnifying the Company against all unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A through C above is subject to such additional requirements or information as the Company may deem necessary; or, at its option, the Company may refuse to delete the exception . No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Pursuant to C.R.S. §10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right, and bottom margin of at least one half of an inch . The clerk and recorder may refuse to record or file any document that does not conform. Pursuant to C.R .S. §10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. If the transaction includes a sale of the property and the price exceeds $100,000 .00, the seller must comply with the disclosure/withholding provisions of C.R.S. §39-22-604.5 (Nonresident withholding). Pursuant to C.R.S. §38-35-125(2), no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. C.R.S. §39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado . Said declaration shall be completed and signed by either the grantor or grantee. Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the same as the property address) be included on the face of the deed to be recorded . File No. 1609010-1 SCHEDULE B -SECTION 2 Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed ofto the satisfaction of the company: I. Rights or claims of parties in possession not shown by the Public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5 . Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8 . Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record . 9. Right of the proprietor ofa 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 April 21, 1920 in Book 112 at Pa ge 522. 10 . Easement and right of way for an irrigation ditch as shown on plat recorded March 18, 1986 as Rece ption No . 369555. 11. Garfield County Resolution No. 86-33 recorded March 18, 1986 in Book 685 at Pa ge 194. 12. Conveyance of one-half(½) of all oil, gas and minerals to RKS Family LLLP in instrument recorded September 24, 2004 in Book 1625 at Pa ge 552 and May 4, 2005 in Book 1684 at Pa ge 90 I and any and all assignments thereof or interests therein. 13. Terms and conditions of Second Amendment Agreement recorded May 4, 2005 in Book 1684 at Pa ge 889. 14. Conveyance of an undivided 1.25 % of all oil, gas and minerals to Patrick M. Fitzgerald in instrument recorded May 4, 2005 in Book 1684 at Pa ge 911 and any and all assignments thereof or interests therein. 15. Right of way for ditches and canals in place and in use . 16. Terms and conditions of Oil and Gas Lease by and between Western Slope Development Corp., Trans Western Resources, Inc., Sunpool Manufacturing Co., Transwestern Resources Corporation, Ameritec Ltd ., RKS Family LLLP and Patrick M. Fitzgerald, as Lessor and Antero Resources II Corporation, as Lessee, recorded June 29, 2005 in Book 170 I at Page 974 and any and all interests therein or assignments thereof. 17 . Deed of Trust from Robert 0. Klein to the Public Trustee of Garfield County for the use of Carnegie Hill Corporation, showing an original amount of $183,000.00, dated May I, 200 I and recorded May 8, 200 I in Book 1251 at Pa ge 521 . NOTE: By instrument recorded May 8, 2001 in Book 1251 at Pa ge 531 , said Deed of Trust was assigned to ABN AMRO Mortgage Group Inc .. NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN THE POLICY TO BE ISSUED HEREUNDER. The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B - Section 2, the following items: (I) The Deed of Trust, if any, required under Schedule B -Section I . (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales. NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. American Land Title Association Commitment Schedule B -Section 2 Form l004-12 COMMONWEAL TH TITLE COMPANY PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information -particularly any personal or financial information . We agree that you have a right to know how we will utilize the personal information you provide to us . Therefore, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include : • • • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means . Information about your transactions with us, our affiliated companies , or others ; and Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party . Therefore, we will not release your information to nonaffiliated parties except: (I) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law . We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies , or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above to companies-that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you . Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you . We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy . We currently maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Parcel Number 2177-113-01-005 2177-113-01-006 2177-112-00-493 2177-112-00-494 2177-111-02-011 2177-112-00-532 2177-112-00-533 2177-112-00-534 2177-113-00-285 2177-111-00-357 Amended Plat Urquhart Subdivision Exemption Adjacent Property Owners and Addresses Owner Name Owner Address Kuersten Properties LLC Powerline Investments, LLC Robert C. Adams Felipe Venzor Dominguez Crist Venzor Javier Orozco Lyndie Madison Michael Gross Jeff Bailey Bennett R. Latham Polly A. Latham Cottonwood Springs LLC Scott Brynildson ~~ ""S,1-Acr<t:'5, L.lL Linda Sue Brynildson P.O. Box 1071 Johnstown, CO 80534-1070 3158 Baron Lane, Unit E Rifle, CO 81650 1081 County Road 210 Rifle, CO 81650 41 County Road 221 Rifle, CO 81650 336 Evergreen Drive Rifle, CO 81650 600 Latham Ranch Road Rifle, CO 81650 P.O. Box 211 New Castle, CO 8164 7 P.O.Box863 Rifle, CO 81650 620 Hyland Park Drive Glenwood Springs, CO 81601 1831 Railroad Avenue Rifle, CO 81650 I ►"I\ """"' ~ ~ "'-...._¢\; ,..1\.- R043202 217711200531 R043203 , _ .... _...,..._. •. aA iae11Air...,a. I ...._ __=.--WHrtu.0~~ R040794 2_177111.02009 R040795 2177111,<rl010 R040788 21n11102003 ----- R040787 21 n111 02002 ,~ ~{5 -:§ Q I . -----~'f L ~1,771 ,1200494 R040796 I I R040786 • -----------E'{ . . 211111102011 I I 21n11102001 RO A'2204 e,"\\._: ~ Ff l I 21n11200533 A. JE Property Owners Within 200 Feet r 1--------~ :1/ ---· s::; """;l R043205 GMCO CORPORATION R210759 2177112002 92 . 217711200534 COTTONWOOD SPRINGS LLC R210746 21 TT11300285 ~Oo <1>>'>9<8 I R007929 11.10.,0os 2.17711301006 R0079'l6 21TT11301003 R210913 21n11100357 l1J :::, z0 0 II( ~i ...,-_..J zo,s is u u, R044522 21n111030m R044521 217711103001 ~~ R2 2177' c(i Garfield County CERTIFICATIOl\" OF l\llNERAL OW~ER RESEARCH This form is to be completed and submitted with any application for a land Use Change Perm it. Mineral interests may be severed from surface right interests in real property. C.R .S. § 24-65.5-101 , et seq, requires notification to mineral owners when a landowner app li es for an applicatio n fo r development from a local government . As such, the landowner must research the curre nt owners of min e ral in terests for t he property. The Garfield County Land Use and Development Code of 2013 ("LUDC ") Sect io n 4-101(E)(l)(b)(4) requ ires written notice to owners of mineral interests in the subject property in accorda nce w it h C.R .S. § 24 -65.5-101, et seq, "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." This form is proof of applicant's compliance with the Colorado Rev ised Statutes and the LUDC. The undersigned applicant certifies that mineral owners have been researched for the subject property as required pursuant to C.R.S. § 24-65.5-101, et seq, and Section 4-101 (E)(l)(b)(4) of the Garfield County Land Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies the following (Please initial on the blank line next to the statement that accurately reflects the result of research}: _ I own the entire mineral estate relative to the subject property; or ~inerals are owned by the parties listed below The names and addresses of any and all mineral owners identified are provided below (attach add it iona l pages as necessary ): Name of Mineral Owner Mailing Address of Mineral Owner ,; ' J --. ' ' A -:) /1'"1!!.., o..-t-tc..cJ-oo{ / ,c. h,/r\ 1 .-, A I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the LUDC. Date Certification of Mineral Owner Research Exhibit A 1. Western Slope Development Corporation Trans Western Resources, Inc. Sunpool Manufacturing Co. Transwestern Resources Corporation Ameritec, Ltd. c/o Robert 0. Klein P.O. Box 842 Rifle, CO 81650 2. RKS Family LLLP Roaring Fork Reclamation, LLC c/o Richard K. Stephenson P.O. Box 1220 Carbondale, CO 81623 3. Patrick M. Fitzgerald P.O. Box 1330 Glenwood Springs, CO 81602 BOOK 57~ ftGE748 STATE OF COLORADO Recorded at ,t,JM o'clock__p..M. JUN 3 0 1981 Recei,tion No. a16453 MILDRED ALSDORF, RECORDER County of Gufield At a ...... .re.gula.r .......................... " ........... meetln9 of the Board of County Commissioners for Garfield Co12nty, Colorado, held at the Cowt Hc,111e In Glenwood Springs on ..... ".Monday: ...................................................... , the .... 2.9.tb ...................... day or ........... JQRQ .............................. A. D. 19.81 ....... , tberewere present: .. ~~.'.F..F..Y. ... Y.~J.~.~.S!·M[t!!: ......................................... , Commlaslonar Cbalrman .. ~~a:~~ ... ~ ji;;r~~j_nkhouse" ............. • Commissioner ....... ,g ........................................ 1 ............................. , Commissioner .. ~E.th~~ ... ~.: ..... N?.J?..!.~.~.~ ... J?..! ..... ~~.: ............. , County Attorney .. ~h.~.!'.Y.! ... ~.: ..... ~~~.~.! ..... !?.~P.~.~.¥ ................... , Clerk or the Board when the following proceedlngs, among others were had and done, to-wit: RESOLUTION NO. 81-198 RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR ALEX C, URQUHART. WHEREAS, Alex C, Urquhart has petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "subdivision" and "subdivided land" under C.R.S. 1973, 30-28-101 (10) (a)-(d), as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of a 92 acre tract described as follows: That parcel of land as described in Document No. 192730 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 3 tracts of approximately 31.7, 20, and remaining 40 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: A parcel of land situated in the Southwest One-Quarte-r ,,t ,e Northeast One-Quarter (SWlt;NEl,;) of Section 11, Township 6 South, Range 93 West ot the 6th P.M., more particularly described as follows: Beginning at the East Quarter Corner of said Section 11; a sandstone found in place; thence North 89°43' 19" West 2635. 27 feet along the sout:,~• •:ly line of the Northeast One-Quarter of Section 11 to the true point of beginning; thence North 00°27'51" East 1317.81 feet along the westerly line of the Southwest One-f!uarter of the North- east One-Qua-rter (St,Jl,;NElt;) of Section 11; thence South 89°47' 15" East 1045.29 feet along the northerly line of the Southwest One-Quarter of the Northeast One-Quarter (SW'1;NElt;) of Section 11; thence 00°21'43" West 1319,00 feet and parallel to the easterly line of the Southwest One-Quarte-r of the Northeast One-f!uarter {Sl¾NE!i;) of Section 11; thence North 89°43'19" West 1047.64 feet along the southerly line of the Southwest One-Quarter of the Northeast One-Quarter (Sl,Jl,;NE!.t;) of Section 11 to the true point of beginning. Tract B: The N½ of SWlt;NWlt;, Section 11, Township 6 South, Range 93 West of the 6th Principal Meridian. The Sl;; of SE'1;NW!, and the ~ of the NE"5Wli;, Section 11, Township 6 South, Range 93 West of the 6th Principal ~~ridian; and WHEREAS, the Petitioner has demonstrated to the satisfaction of the Hoard of County Commissioners of Garfield County, Colorado, that the proposed division d1.1es not fall within the purposes of Pa-rt 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason that the impact created does not warrant furthe-r subdivision review, and WlIBREAS, the Petitioner has demonst1·ated to the satisfaction of the Board of County Commissione-rs of Garfield County, Colorado, that there is a reasonable probability of loc- ating domestic water on each of said tracts, that there is adequate ingress and egress to said tracts, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is not part of an existing or larger development and doeu not fall within the general purposes and intent of the subdivision regulations of the State of Colorado and the County of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. 1973, 30-28-101 {10) {a)-(d), as amended; ~: . ·t·: : -~ J:, .. :-· .... -;· .~· : ..• ·;.-:·:~r;·.~::~.~ . ~- .1,;1_\.-··=· ... : ... : -.<; ~:. -.~--;·-.. --· ,_ . _: -.• __ ... ·•--. . .. ··,., ~~~::: .. 'i~ : " • • • •• • • I ~-:•: --··.'! !.··· NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracts "A", "B", from the above described 92 acre tract is hereby exempted from such definitions and said_ tract may be divided into tracts "A", "B", all as is more fully described above, and said divided tract may be conveyed in the form of such smaller tracts without further compliance with the aforesaid subdivision statutes and regulations; provided, however, that this exemption is granted on the condition and with the express understanding and agreement of the Petitioner that no further exemptions be allowed on said tracts "A", "B" and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this resolution. Conditions: 1. That the applicant provide an easement to existing domestic wells for use by the newly created parcels. 2. That the applicant convey an interest in the existing domestic wells, which will be used by the newly created parcels. 3, That the Planning Department receive notification of both actions. THE BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO Deputy c~ of Board of County ani; oners Garfield County, Colorado BY: [~(- Chairman Upon motion duly made and iconded the roregoing Resolution wos adopted by the rollowing vole: . ~i~v~n V;·. a~~~i~e .................................................................... Aye Eugene·" "Jim"•-• t>iinkhouse .............................................. Aye ....................................................................................................................... Aye STATE OF COLORADO County or Garfield Commissioners I, ..................................................................... , County Clerk and ex-officio Clerk or the Board or County Commissioners In and for the County and Stalo aforesaid do hereby certlry that the aMexed and rorecioln9 Ordor is truly copied from the Records of lh• Proceedln9' or the Board or County Commlwoners for said Garfiold County, now In my omco. IN WITNESS WHEREOF, I havo hereunto set my hand and affixed lhe seal of said County, ol Glenwood Springs, thls .................... day of .......................................................... , A. D. 19 ............ .. County Clerk and e1t-olflclo Clerk or the Board or County Commlsslone,-,. t -,; ! :m.• 7 rJ 1 /. 1 q I- ll. 1 .!.I (r h 1 '-•- j~ ~ _, .. ,lO 141:.2 W.J.1"'105, ~ ;, .. i1 .J . . .. ~ ~ ., .. -.. . {l ~· .. ·;· ; ~ I l <~.·,:L '\;! / ~• t1 /,• :. ~. "1'\.·r -•\~:~{_j! •< 1 J• L --__ 1 • * ' '-;-- ~.':t:: 1 · ~ .! ~ AFFIDAVIT OF SCRIVENER'S ERROR (Reception No. 623490) I, Scott Aibner, a licensed surveyor registered in the state of Colorado, hereby declare under penalty of perjury and pursuant to C.R.S. §38-35-109 (S)(b)(IV), as follows: 1. A Warranty Deed was recorded in the real property records of the Garfield County Clerk and Recorder on March 24, 2003 at Reception No. 623490, conveying the real property therein from Western Slope Development Corp. to Roaring Fork Reclamation, LLC for the property further described on Exhibit A, attached hereto. 2. Exhibit A to the Warranty Deed recorded at Reception No. 623490 contains the following scrivener's error, beginning at lines 31 and 50: "Beginning at the Southwest Corner of that parcel of/and described in Book 687 at Page 355, Book 583 Page 533 and Book 277 at Page 91 whence the W 1/4 Corner ofsaid Section 11 bears S 67° 15' 00 E. 1134.15 feet;" 3. Exhibit A to the Warranty Deed recorded at Reception No. 623490, beginning at lines 31 and 50 should accurately read as follows: "Beginning at the Southwest Corner of that parcel of land described in Book 687 at Page 355, Book 583 Page 533 and Book 277 at Page 91 whence the W 1/4 Corner ofsaid Section 11 bears S 67° 15' 00W1134.15 feet;" 4. Pursuant to the survey work I completed in order to prepare the amended plat for the application for the Urquhart Subdivision Exemption, I hereby correct the scrivener's error made on Exhibit A for the Warranty Deed recorded at Reception No. 623490 to reflect ~for west instead of E, for East. 5. Affiant further sayeth naught. STA TE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Subscribed and sworn to before me this J.vwf of River Valley Survey Inc. Witness my hand and official Seal. My commission expires: LAURA ANN MARTIN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20084009212 MV COMMISSION EXPIRES MARCH 13, 2024 ..i»-lr t- day of .hmc 2020, by Scott Aibner, principal AFFIDAVIT OF SCRIVENER'S ERROR (Reception No. 675329) I, Scott Aibner, a licensed surveyor registered in the state of Colorado, hereby declare under penalty of perjury and pursuant to C.R.S. §38-35-109 (S)(b)(IV), as follows: I. A Warranty Deed was recorded in the real property records of the Garfield County Clerk and Recorder on June 1, 2005 at Reception No. 675329, conveying the real property therein from Roaring Fork Reclamation, LLC to GMCO Corporation for the property further described on Exhibit A, attached hereto. 2. Exhibit A to the Warranty Deed recorded at Reception No. 675329 contains the following scrivener's error, beginning at line 30: "Beginning at the Southwest Corner of that parcel of/and described in Book 687 at Page 355, Book 583 Page 533 and Book 277 at Page 91 whence the W 114 Corner of said Section 11 bears S 67° 15' 00 E 1134.15 feet;" 3. Exhibit A to the Warranty Deed recorded at Reception No. 675329, beginning at line 30 should accurately read as follows: "Beginning at the Southwest Corner of that parcel of/and described in Book 687 at Page 355, Book 583 Page 533 and Book 277 at Page 91 whence the W 1/4 Corner of said Section 11 bears 867° 15'00 W 1134.15.feet;" 4. Pursuant to the survey work I completed in order to prepare the amended plat for the application for the Urquhart Subdivision Exemption, I hereby correct the scrivener's error made on Exhibit A for the Warranty Deed recorded at Reception No. 675329 to reflect W for west instead of i for East. 5. Affiant further sayeth naught. STA TE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Subscribed and sworn to before me this ,1_/\J of River Valley Survey Inc. Witness my hand and official Seal. My commission expires: LAURA ANN MARTIN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20084009212 MY COMMISSION EXPIRES MARCH 13. 2024 Jt,J~ day of J.mTl' 2020, by Scott Aibner, principal AFFIDAVIT OF SCRIVENER'S ERROR (Reception No. 766186) I, Scott Aibner, a licensed surveyor registered in the state of Colorado, hereby declare under penalty of perjury and pursuant to C.R.S. §38-35-109 (5)(b)(IV), as follows: I. A Warranty Deed was recorded in the real property records of the Garfield County Clerk and Recorder on April 13, 2009 at Reception No. 766186, conveying the real property therein from Western Slope Development Inc. to Environmental Aid Fund, Ltd. for the property further described on Exhibit A, attached hereto. 2. The Warranty Deed recorded at Reception No. 766186 contains the following scrivener's error, in paragraph 2 beginning at line 3 of paragraph 2: "Beginning at the Southwest Corner of that parcel of/and described in Book 68 7 at Page 355, Book 583 Page 533 and Book 277 at Page 91 whence the W 1/4 Corner of said Section 11 bears s 67 ° 15' 00 !J. 1134.15 feet;" 3. The Warranty Deed recorded at Reception No. 766186, in paragraph 2 beginning at line 3 of paragraph 2 should accurately read as follows: "Beginning at the Southwest Corner of that parcel of land described in Book 687 at Page 355, Book 583 Page 533 and Book 277 at Page 91 whence the W 114 Corner of said Section 11 bears S 67° 15' 00 W 1134.15 feet;" 4. The Warranty Deed recorded at Reception No. 766186 contains the following scrivener's error, in paragraph 2 beginning at line of paragraph 2: Thence Along Said County Road Right of Way S 89° 48'53" E 124.82 Feet; 5. The Warranty Deed recorded at Reception No. 766186 Should Accurately Read as Follows: Thence Along Said County Road Right of Way S 89° 48 '53" E 142.82 Feet; 6. Pursuant to the survey work I completed in order to prepare the amended plat for the application for the Urquhart Subdivision Exemption , I hereby correct the scrivener's error made on the Warranty Deed recorded at Reception No. 766186 to reflect W for west instead of E for East. 7. Affiant further sayeth naught. STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Subscribed and sworn to before me this )r1 J of River Valley Survey Inc. Witness my hand and official Seal. My commission expires: LAURA ANN MARTIN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20084009212 MY COMMISSION EXPIRES MARCH 13, 2024 J,.J -,_ ...... day of~ 2020 , by Scott Aibner, principal AFFIDAVIT OF SCRIVENER'S ERROR (Reception No. 790843) I, Scott Aibner, a licensed surveyor registered in the state of Colorado, hereby declare under penalty of perjury and pursuant to C.R.S . §38-35-109 (5)(b)(IV), as follows: 1. A Correction Deed was recorded in the real property records of the Garfield County Clerk and Recorder on September 1, 2010 at Reception No. 790843, correcting certain items in the Warranty Deed at Reception No. 766186 and conveying the real property therein from Western Slope Development Corp. to Environmental Aid Fund, Ltd. for the property further described on Exhibit A, attached hereto. 2 . The Correction Deed recorded at Reception No. 790843 contains the following scrivener's error, beginning at line 28: "Beginning at the Southwest Corner of that parcel of/and described in Book 687 at Page 355, Book 583 Page 533 and Book 277 at Page 91 whence the W 1/4 Corner of said Section 11 bears S 67° 15' 00 E_ 1134.15 feet;" 3. The Correction Deed recorded at Reception No. 790843, beginning at line 28 should accurately read as follows: "Beginning at the Southwest Corner of that parcel of land described in Book 687 at Page 355, Book 583 Page 533 and Book 277 at Page 91 whence the W 1/4 Corner of said Section 11 bears S 67° 15' 00 W 1134.15 feet;" 4 . Pursuant to the survey work I completed in order to prepare the amended plat for the application for the Urquhart Subdivision Exemption, I hereby correct the scrivener's error made on the Correction Deed recorded at Reception No. 790843 to reflect W for west instead ofE for East. 5 . Affiant further sayeth naught. River Valley Survey Inc. STATEOFCOLORADO ) ) ss. COUNTY OF GARFIELD ) Subscribed and sworn to before me this J (\ c,( of River Valley Survey Inc. Witness my hand and official Seal. My commission expires: LAURA ANN MARTIN NOTARY PUBLIC $TATE OF COLORADO NOTARY ID 20084009212 MY COMMISSION EXPIRES MARCH 13, 2024 ~ day of)we~020, by Scott Aibner , principal AFFIDAVIT OF SCRIVENER'S ERROR (Reception No. 810288) I, Scott Aibner, a licensed surveyor registered in the state of Colorado, hereby declare under penalty of perjury and pursuant to C.R.S. §38-35-109 (5)(b )(IV), as follows: 1. A Correction Warranty Deed was recorded in the real property records of the Garfield County Clerk and Recorder on November 3, 2011 at Reception No. 810288, conveying the real property therein from Roaring Fork Reclamation, LLC to GMCO CORPORATION for the property further described on Exhibit A, attached hereto. 2. Exhibit A to the Correction Warranty Deed recorded at Reception No. 810288 contains the following scrivener's error, beginning at lines 31 and 48: "Beginning at the Southwest Corner of that parcel ~f land described in Book 687 at Page 355, Book 583 Page 533 and Book 277 at Page 91 whence the W 114 Corner of said Section 11 bears S 67° 15' 00 E 1134. 15 feet; " 3. Exhibit A to the Correction Warranty Deed recorded at Reception No. 810288, beginning at lines 31 and 48 should accurately read as follows: "Beginning at the Southwest Corner of that parcel of land described in Book 687 at Page 355, Book 583 Page 533 and Book 277 at Page 91 whence the W 114 Corner ofsaid Section I 1 bears S 67° 15' 00 W 1134.15 feet;" 4. Pursuant to the survey work I completed in order to prepare the amended plat for the application for the Urquhart Subdivision Exemption, I hereby correct the scrivener's error made on Exhibit A for the Correction Warranty Deed recorded at Reception No. 810288 to reflect W for west instead of E for East. 5. Affiant further sayeth naught. STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Subscribed and sworn to before me this l:2"'-d of River Valley Survey Inc. Witness my hand and official Seal. My commission expires: LAURA ANN MARTIN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20084009212 MY COMMISSION EXPIRES MARCH 13, 2024 _JJ,l f,,..,,- day of .llme 2020, by Scott Aibner, principal AFFIDAVIT OF SCRIVENER'S ERROR (Reception No. 819763) I, Scott Aibner, a licensed surveyor registered in the state of Colorado, hereby declare under penalty of perjury and pursuant to C.R.S. §38-35-109 (5)(b)(IV), as follows: 1. A Warranty Deed was recorded in the real property records of the Garfield County Clerk and Recorder on June 8, 2012 at Reception No. 819763, conveying the real property therein from Environmental Aid Fund, Ltd. to Habitat for Humanity, Inc. for the property further described on Exhibit A, attached hereto. 2. The Warranty Deed recorded at Reception No. 819763 contains the following scrivener's error, beginning at line 10 of the legal description: "Beginning at the Southwest Corner of that parcel of land described in Book 687 at Page 355, Book 583 Page 533 and Book 277 at Page 91 whence the W 1/4 Corner of said Section 11 bears S 67° 15' 00 E 1134.15 feet;" 3. The Warranty Deed recorded at Reception No. 819763 beginning at line 10 of the legal description should accurately read as follows: "Beginning at the Southwest Corner o.f that parcel of land described in Book 687 at Page 355, Book 583 Page 533 and Book 277 at Page 91 whence the W 1/4 Corner of said Section 11 bears s 67° 15' 00 w 1134.15/eet;,, 4. Pursuant to the survey work I completed in order to prepare the amended plat for the application for the Urquhart Subdivision Exemption, I hereby correct the scrivener's error made on the Warranty Deed recorded at Reception No. 819763 to reflect W for west instead of E for East. 5. Affiant further sayeth naught. STATEOFCOLORADO ) ) ss. COUNTY OF GARFIELD ) Subscribed and sworn to before me this d/1J of River Valley Survey Inc. Witness my hand and official Seal. My commission expires: LAURA ANN MARTIN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20084009212 MY COMMISSION EXPIRES MARCH 13, 2024 day of ~2c:;, by Scott Aibner, principal / , AFFIDAVIT OF SCRIVENER'S ERROR (Reception No. 847345) I, Scott Aibner, a licensed surveyor registered in the state of Colorado, hereby declare under penalty of perjury and pursuant to C.R.S. §38-35-109 (5)(b)(IV), as follows: 1. A Warranty Deed was recorded in the real property records of the Garfield County Clerk and Recorder on march 19, 2014 at Reception No. 847345, conveying the real property therein from Habitat for Humanity, Inc. to Robert Klein for the property further described on Exhibit A, attached hereto. 2. The Warranty Deed recorded at Reception No. 847345 contains the following scrivener's error, beginning at line 6 of the legal description: "Beginning at the Southwest Corner of that parcel of land described in Book 687 at Page 355, Book 583 Page 533 and Book 2 77 at Page 91 whence the W 114 Corner of said Section 11 bears S 6 7 ° 15' 00 E 1134.15 feet;" 3. The Warranty Deed recorded at Reception No. 847345 beginnin~ at line 6 of the legal description should accurately read as follows: "Beginning at the Southwest Corner of that parcel of/and described in Book 687 at Page 355, Book 583 Page 533 and Book 277 at Page 91 whence the W 1/4 Corner o_f said Section 11 bears . S 67° 15' 00 W 1134.15 feet; " 4. · Pursuant to the survey work I completed in order to prepare the amended plat for the application for the Urquhart Subdivision Exemption, I hereby correct the scrivener's error made on the Warranty Deed recorded at Reception No. 847345 to reflect W for west instead of E for East. 5. Affiant further sayeth naught. ...... Scott Aibner, Surveyor STATEOFCOLORADO ) ) ss. COUNTY OF GARFIELD ) Subscribed and sworn to before me this _J_l'd ___ day of~ 2020 , by Scott Aibner, principal of River Valley Survey Inc . Witness my hand and official Seal. My commission expires: LAURA ANN MARTIN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20084009212 MY COMMISSION EXPIRES MARCH 13, 2024 hi , ... 1111 ill 1 Hil ,111 t' 1rl1 11 111 liah a111 GRAPHIC SCAIB k.-• .LJ--1 i j (■mt') I ..... IIO a, ---.............. ~ ..... .n,,u...,....,.... ♦- --... a.r.c. • -.m., .. AMENDED FINAL PLAT URQUHART SUBDIVISION EXEMPTION PLAT SITUATED IN SWl/4NWl/4 AND SE1/4NWl/4, SECTION 11, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE 6TH P.M. ··-~ .. ~ " N COUNTY OF GARFIELD, STA TE OF COLORADO SHEET2OF2 LOT% ...,,. f ~ k -~ '''""'"' ~b:!221-·- j m.w I I I I I r I ' ! ---,r~----;.-----' ~- ' !--INF- I I I I I I __ ---1 __ I I ----, ..... ' I I \I I I , I I• : 1: 1--anv-_t:; l.OTI .. OAC.• --r----!l~ ,: ~a.----. I --.--.INJOO--(! 1: 1: ~ =-~-1, •I i ~-·· ,.-c.~---_ .. ,..._......,_ !:::: -~- ,: fi : ~'!!~ , i I: :1 : .+~"-~l'\ll,. ' 11 •I : ~ &•------== Jillf"An!rW -•--~-I I I I -•--.._.,.~ -w.nr-11 1=:: ~ :bil.l.ierr-..UGlfflllOft&.•,_--l9CIIIMY-IIU~u.rDC0111U.• :m-.:~:.i:-..:..~~i;:-~=-.,=-~~ "JmwTWlll.Uf,.__,..,._11m:a.-.rvfl'DD"'_,,,,,_ J)---nal,Jllrl,l ___ .l_ALI_AA_wmmtAN~,_(t)_ =.:..."='~~"==:a~~:..-===c:~1!:':=f':1 -~,.,-o,,,a_.,.......,_.,..1" .... CI.._..Ull'l•~ .. ---lP_,.AT .. 1-:nmaurrv .. _ ... _ Da-••11~"'1~,..l'.ACll---.-i.\n .. N...,..Ti'la.-.Y-M,QI ...... =-MITO•A-Ol•-DI-.IIICIIIIII--CDITMnl-aoa:aacutD 'll~*TDIAUIIIGU __ ,__Jm:c:nam_.UTO-Ara-.a IMOIINllM.-twA-,,lAM>-. ::.~::-a--=--=~~~...;:!:'~-,. _.., __ DfAJll~f:a~ S:IYIP1l'9IPo l.':,,~~"="°,u,a.---="":,,-:-=::..~:r~-cnoo.---.-lft----.. -:-r-._..._, .. .., __ ~11'1-~IIIC. k:L~!:SiSi::~:~~=-=-~~~:.'=·aWY• ... -,. ... ,.wi,.,.,,.,.. .. _,.. __ ..... T_ .,_Cl'-.a..•naOY1T••-o,--i.o,rm.oc;...,.a.a r~.J!."..::~-:-:=.\JrllCAP.,flACl,.U0111•~•cm.a,.:r0111..o 5tUllllOl--.ol(.___,_,.. ___ 11..1......,,.,.. callZ.INC.AND .wmutl!CLTD -NO. 07017.Dl AMENDfEC.~~~PI.AT I II OARFIELDCOUNTY, COLORADO 20F2 I PAYMENT AGREEMEN.T FO.RM GARFtElD COUNlY {itOOUt1!:"f'f1)·and Property 'Ownerl~'PP:llOOfl'pj C fl: ( l k , :::[ '\ L • __________________________ ._agreeasfoltows: l. Z. me.-Appric:aot under.st-ands.and agrees. tbat.Gai:fie1E1C0unty·ReseittW!oTI -Nct.. 2014~60'"; as: am~ ~~tsoosa. fu~~•-b ~type,a~~ amf Um g_uidelines.fot"the · ~mkmof1he feesut.icture •. 3. TheApplicant and. the Cou.nty.agcee. that because-of ~siz.e, .nature .arscope of ffie iJ(eposed..pmfect.·lt is not~11t-ffiis:t.m~11stertaln"thvffut1 e)ttent ofthe costs Involved !n processi,~g the application, The Applicant a_gre:es to make pay.metltm the-Base F-et!, -atab:lished fur the.P~ and to thereaf\l?r-pe mutadditional costs to be bnte.d to-the Appllcant. The-Appllcant agmes-to fflffi!-addttlonal payments .upon _notificatlon by the ·eoumy#wherJ'tbey--ane~,•a>sts-are incur,red. 4. ihe 'Base T;ee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessijry by the Board of County -Commis6ionerdot tho constderatioft. of. an: ~n ocaddntonaf County staff time or expense not cover-ed bv the Base fee; If actuab:ecordedC05ts ex«ed too.illlttaf Base. fee, the'Appllcant shall pay a'ddlffima f blJJmg,s to the county to reimburse the County for the-processing of the Project. lhe Appflcantacknowledges thataU bllllng.sball ~ ~ ~ortc the ff nal considemtion bV tfre County of any land Use Chsinge ar Division of Land. fhereby .ag,ee to pay allfees-r.elatedto tbisap_plicaticm: Biffing Contact Person: le&:'2£:h:t::-~). ~---P~ {27ci) 6 2 5 -;9/cf-:,Q_ BIiiing Contc1ct Address: P. Q, /f.o.>s-I f z- Clty: _ _,_R_._.1;....•·f;,.,.'h..,,e.., _____________ Sta t e: CD Zip Code: B.lUtng:Contact anau:. ~.mc:e:,. @... &l?:f i'.10 eoieft Lo .f?:1 0 V (Signature} {Date) ~ L / a ~ f D o'clock p M. MAR 18 1986 STATE OF COLORADO County of Garfield ) )ss ) ~ N0a 369554 MILDRED ALSDORF, RECOROB GARFIELD COUNTY. COLORADO BOOK 685 PAG:194 At a regul=a~r~~---~meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Commissioners' Meeting Room, Garfield county Courthouse in Glenwood Springs on t-1onday , the 17th day of March A. D. 19_§_§_, there were present: -=La=r~r~y,____S~c=h=m=u~e~s~e~r __________ , Commissioner Chairman Robert Richardson , Commissioner ___ ;;..;;;.,;=-=--..;:;;__;..o=;;;=-=-==-=-="'----------F lave n J. Cerise , Commissioner -~------~-......c----------D on DeFord , County Attorney ----.aa.=.--=-cc.....;::;.;:...;a'--------------M il d red Alsdorf , Clerk of the Board .----=Ro=g~e=r'-'L=u=d~w=i~g.._ __________ , Administrative Assistant when the following proceedings, among others were had and done, to-wit:. RESOLUTION NO. 86-33 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR A. C. AND VELMA URQUHART. WHEREAS, A. c. and Velma Urquhart, have petitioned the Board of county Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "subdivision" and· "subdivided land" under C.R.S. 1973, 30-28-101 (10) (a)-(d), as amended, and the Subdivision Regulations of Garfield County, Colorado,_adopted April 23, 1984, Section 8:00 through 8:60 and for the division of a 40 acre tract as described in Book 575, Pages 748, as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into two tracts of approximately 2 acres and 38 acres, more or less, which proposed divided tracts are more practically dEscribed as follows: TRACT A: See attached legal description for Parcel 1. TRACT B: That property des~ribed on Reception No. 316453 recorded in Book 575, Page 748 less that property described as Tract A. (in the State of Colorado and County of Garfield); and WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield county, Colorado, that the proposed division does not fall within the purposes of Part 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason that tha division does not warrant further subdivision review, and WHEREAS, the Colorado Division of Water Resources agreed to issue, an additional domestic well permit approval of this exemption in no way implies that such or may not, be approved; and has not issued, or for Tract Band a well permit may, WHEREA3, the Petitioners have demonstrated to the satisfaction of the Boa~d of County Commissioners of Garfield County, Colorado, that there is a reasonable probability of locating domestic water on each of said tracts, with the exception that the approved source of domestic water for Tract "B" is a cistern, that there is adequate ingress and egress to said tracts, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is not part of an existing or la~ger development and does not fall within the general purposes and intent of the subdivision regulations of the State of Colorado and the county of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and subdivided land" as set forth in C.R.S. 1973, 30-28-101 (10) (a)-(d), as amended; BOOK 685 PAGE195 NOW THEREFORE, BE IT RESOLVED that the division of the above described tracts "A" and "B" from the above described 40 acre tract is hereby exempted from such definitions and said tract may be divided into said tracts "A" and "B" and may be conveyed in the form of such tracts "A" and "B", all as is more fully described above, and that a copy of the instrtiment or instruments of conveyance when recorded shall be filed with this Resolution. Dated this 17th day of March , A.D. 1986. ---------- THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO ATTEST:? _,.,ekeL Cle~k of the Board Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: ___ L~a=r~r~Y-·~S~ch-m=u=e~s~e=r ________________________ Aye ~R=o=b~e~r~t--'-'-Ri=·c=h=a=r~d=s=o=n,_ ______________________ Aye Flaven J. Cerise Aye ----=-'a..a..aa=-~-==..a=..=.aaa-..----------------------- STATE OF COLORADO ·County of Garfield I,---------------,------' County Clerk and ex-officio Clerk of the Board of County Commissioners in and for the County 1nd State aforesaid do hereby certify .that the annexed and foregoing Resolution is truly copied fr~m the Records of the Proceedings of the Board of County Commissioners for said Garfield county, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said county, at Glenwood Springs, this _____ day of _____ , A.D. 19 --- _I BOOK 685 PAOE196 LEGAL DESCRIPTION PARCEL 1 t..E.G,.,.._t... 'D esc,;z.,p r\ otJ AP,ta,,.g,c,.1=.L.01= L-"-t-1."D s,TvA."TE: 1~ ,tt1:. -swY',4.-oFTtiE-t-lWY4A.\.lC1'"\e.~e.Y<\- 01= rtte: tJW'/4-OF ~E:c:.T,o~ 1.i, -r-owt-J.4?t--H'P Ct:, ~o~. i;2',t,.t-lG'E: '9311,11:;;.-s,,o'FT~E C."r\•\ P"lZtlJGIPb.1..-ME:.12..IOA.tJ. 'DE'5C.E::.10E'P t>-.6 l=-01..L.ON':):. e.1=-c::..•Ni.1\1·4..:;. J...T ;,.. ?01w_,• OM.Tt-t~ -:IOUTt-iE.~~TE:"li!:.1-"'( ~l~T-OF-WA'<' OF C0l>t-1TY r:z.o•,::,, NO, z, o • wt-\ ENG a: Ttte '!>Tout:. ~•-.HJ'-< Et-l.T Foe. --rttE:. W'E:E:.1' Y+ ~~ 0 ~ -:5~1:b 1i, GiGT 10 ~ i-:1 l3, w~tZia ~ t:, Z u 4,--z_' ~ \N \"~oe,._ '?. Z,. 'f'!; &T, 7tt&NiC 'e:. ~.,... I~ S.,'.tt> ~C::.H1-~--.Nt...Y N 72°02'00"!:-c;.t!,,OS FE:E=i'• ,ttlal-4C.lc-t--..i,:.< ... 31° a9 •e;- 1 us!,. '3~ 'F e.e,, -rt+e."-Ke 1:.s~0 3e,' 001 e -2:2."'Z. 4-1..,.-pee.~;'"T'H e~ce. ~OU'lti 72.l.01 FE.ET, "TT\Et-K.& we-e.T' S.o4-.o, ;:eeT "'T'o 1-,. 1>O1t,..l; oM ~"''c:, eoouT1-te,t,.~Te12..L'< ~,~.,._.,._c::>F-._.,.,,..--<, THE~ce ...i 4-1"' 34-'ocl'e 2"7,o?> ree:T, "Ttte:~c::.e:. A'-Ot-JG. -n-\e:. ,b,..12.C. 0~ ,t,.,, C:.IJe'lE: TO ,ttE. Lc~T \~. '2.1 Fl::.ET HA.V\1-lG,. A. tz.b,.QIUS. Ol= \91b:z.t FS-E.. T oi:-IN~~c.~ ,1-t'E ,;:Hoet::> '"=' ~ ~~0 0!311 zeo" ~ l Coib. t<:.. "'F"E:E:.,. TO TtfE F't:)1~, OF 'SEC.11,~\.l.l~c;.. <;A.\'t:>. p,t,..e,c:..;;1... OF l...J>.~"D Cc::::il-1.T,',..lt-l"=> 2,00 ,t.,c..ee.-s. \-11.0IZE. c,-e_ L'E:.~5-.