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Home My WebLink About1.00 Application Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION Minor Subdivision Preliminary Plan Amendment Major Subdivision Final Plat Amendment Sketch Preliminary Final Common Interest Community Subdivision Conservation Subdivision Public/County Road Split Exemption Yield Sketch Preliminary Final Rural Land Development Exemption Time Extension Basic Correction Exemption INVOLVED PARTIES Owner/Applicant Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ Representative (Authorization Required) Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ PROJECT NAME AND LOCATION Project Name: _____________________________________________________________________________________ Assessor’s Parcel Number: ___ ___ ___ ___ - ___ ___ ___ - ___ ___ - ___ ___ ___ Physical/Street Address: ________________________________________________________________ Legal Description: ______________________________________________________________________ _____________________________________________________________________________________ Zone District: ___________________________________ Property Size (acres): __________________ Project Description Existing Use: __________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Proposed Use (From Use Table 3-403): _____________________________________________________ Description of Project: __________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Proposed Development Area Land Use Type # of Lots # of Units Acreage Parking Single Family Duplex Multi-Family Commercial Industrial Open Space Other Total REQUEST FOR WAIVERS Submission Requirements  The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: ______________________________ Section: _________________________________ Section: ______________________________ Section: _________________________________ Waiver of Standards  The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: ______________________________ Section: _________________________________ Section: ______________________________ Section: _________________________________ I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. ______________________________________________________ __________________________ Signature of Property Owner or Authorized Representative, Title Date OFFICIAL USE ONLY File Number: __ __ __ __ - __ __ __ __ Fee Paid: $_____________________________ June 2, 2021 Dawn Thrun Trustee, Elmer Arbaney Family Trust & Louise L Arbaney Revocable Trust Request Division of Land Project Amended Final Plat Arbaney Exemption No. 2 To The Garfield County Board of Commissioners I am respectfully requesting a division of land and amended final plat of the Arbaney Exemption No. 2. This land is currently owned by, Elmer Arbaney Family Trust & Louise L Arbaney Family Trust. Both Elmer and Louise are deceased. We would like to divide the land into 2 parcels and recorded new deeds in the heirs names. The property would remain agricultural – cattle grazing. Thank you, Dawn M Thrun STATE OF COLORADO ) )ss. COUNTY_OF GARFIELD )\ /111I WJPJ~71I'1~I'I'~,f*f,~r!~~~~~~tAt~~I,~lIliv~11111 '\ Reeeption~:93492505/04/2020 12:43:44 PM Jean Alberico1of1RecFee:$13.00 Doc Fee:0.00 GARFIELD COUNTY CO STATEMENT OF AUTHORITY NAME OF ENTITY:The name of the entity to which this Statement relates is the: Louise L.Arbaney Revocable Trust TYPE OF ENTITY:The entity is a revocable trust dated July 17,,2001,as amended,and was formed under the laws of the State of Colorado.The trust became irrevocable and unamendable upon Settlor's death on April 3,2020. MAILING ADDRESS:The mailing address for the entity is: 7843 County Road 117 Glenwood Springs,Colorado 81601 AUTHORIZED PERSONS:The names and positions of the persons authorized to execute instruments conveying,encumbering or otherwise affecting title to real property on behalf of the entity are as follows: Name Dawn M.Thrun Lesa Arbaney Chesnut Position Co-Trustee Co-Trustee AUTHORITYILIMITATIONS:Either or both of the above-named persons may act together, or each may act independently,to execute instruments conveying,encumbering or otherwise affecting title to real property on behalf of the entity. Dated:April 24,2020 (;:)~u£I /v1 cs= Dawn M.Thrun,Co-Trustee of the v Louise L.Arbaney Revocable Trust The foregoing instrument was acknowledged before me this 24th day of April,2020,by Dawn M.Thrun and Lesa Arbaney Chesnut,as Co-Trustees . .,.~t}vt~~.WITNESS my hand and official s~al. SUSAN RICHARDSON I .'Notary Public State of Colorado NQta\~yID #20154007748 My Commission Expires.Q2-24-2023 Notary Public ~_ My commission expires:February 24,2023 After Recording Return To:Susie Richardson Law P.c. 1901 Grand Avenue,Suite 203,Glenwood Springs,Colorado 81601 Names & mailing address property owners within 200 feet Richard L Garnett PO Box 3034 Idaho Springs, CO 80452 Michelle & Ed Szydlowski 8088 County Road 117 Glenwood Springs, CO 81601 Cris R Shaw 8102 County Road 117 Glenwood Springs, CO 81601 Knows Limits Ranch LLC PO Box 62010 Pittsburgh, PA 15241 Lemmer, Harlan E & Paticia M. Trustees 1377 Shelly Avenue Upland, CA 91786-3246 Delbalso & Lusignan 10100 Chillicothe Rd Kirtland, OH 44094 Sandra L & Leslie S. Jackson PO Box 27 Glenwood Springs, CO 81602 Dianne Dwyer Trust PO Box 158 Kenney, TX 77452 Commonwealth Title Company of Garfield County, Inc. 127 E. 5th Street 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: July 30, 2020 File No. 2007022 Property Address. , Glenwood Springs Louise L. Arbaney Revocalbe Trust and Elmer Arbaney Family Trust Email:dsunlight@wildblue.net Closing Contacts Glenwood Springs office - 970-945-4444 Linda Gabossi - linda@cwtrifle.com Connie Rose Robertson - connie@cwtrifle.com Rifle office - 970-625-3300 Denna Conwell - denna@cwtrifle.com COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 2007022 1. Effective Date: July 24, 2020 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) N/A Proposed Insured: (b) ALTA LOAN POLICY (ALTA 6-17-06) N/A 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: Louise L. Arbaney Revocalbe Trust and Elmer Arbaney Family Trust 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 Informational Commitment $550.00 COUNTERSIGNED: ___________________Patrick P. Burwell_____________________________ Authorized Officer or Agent Valid Only if Schedule B and Cover Are Attached American Land Title Association Issuing Agent: Schedule A Commonwealth Title Company of Garfield County, Inc. (Rev'd 6-06) 127 East 5th Street Rifle, CO 81650 File No. 2007022 EXHIBIT "A" Parcel I All that part of Lot 17 of Section 22, of Lot 1 of Section 27 and the SE1/4NE1/4 and E1/2SE1/4 of Section 27, Township 7 South, Range 89 West, 6th P.M. situate West of the line of the County Road described as follows: Beginning at the point of intersection of the present County Highway with the South boundary line of Section 27, Township 7 South, Range 89 West, 6th P.M., said point being 851.4 feet West of the Southeast corner of said Section 27; thence North 21° East 422.5 feet; thence North 7° East 184 feet; thence North 26°30' East 245 feet; thence North 36° East 313.5 feet; thence West 10° East 650 feet; thence North 1°30' East 980.5 feet; thence North 21°30' East 271 feet; thence North 5°30' East 894 feet; thence North 11°30' West 221 feet; thence North 13° East 769 feet; thence North 498 feet; thence North 4° East 211.5 feet; thence North 5° West to the point of intersection with the North boundary line of Lot 17 of Section 22, Township 7 South, Range 89 West, 6th P.M. approximately 310 feet. Parcel II A parcel of land situated in Lots 8 and 13 of Section 23, and in Lot 3 of Section 26, all in Township 7 South, Range 89 West of the 6th P.M., lying Easterly of the Westerly lines of said Sections 23 and 26 and Westerly of the Westerly right-of-way line of a County Road as constructed and in place, said parcel of land is described as follows: Beginning at the Section Corner common to Sections 22, 23, 26, and 27 in said township and range; thence North 00°01'48" East 737.09 feet along the Westerly line of said Section 23 to a point on the Westerly right-of-way line of said County Road; thence along the Westerly right-of-way line of said County Road South 23°37'00" East 4.22 feet; thence 420.22 feet along the arc of a curve to the right, having a radius of 974.41 feet, the chord of which bears: South 11°15'43" East 416.97 feet; thence South 01°05'33" West 548.77 feet thence 193.72 feet along the arc of a curve to the right, having a radius of 1022.63 feet, the chord of which bears: South 06°31'10" West 193.42 feet; thence South 11°56'46" West 250.63 feet to a point on the Westerly line of said Section 26; thence North 00°04'11" East 661.82 feet along the Westerly line of said Section 26, to the Section Corner common to Sections 22, 23, 26 and 27, the Point of Beginning. Together with all improvements situate thereon and all ditch and water rights appurtenent thereto and used in connection therewith. Less those parcels conveyed in Deeds recorded August 10, 1998 in Book 1082 Page 721; July 13, 1994 in Book 908 at Page 483 and July 21, 1995 in Book 947 at Page 335. File No. 2007022 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. 1. Note: Per Statement of Authority recorded May 4, 2020 as Reception No. 934925 the person(s) authorized to execute instruments conveying, encumbering or otherwise affecting title to real property are Dawn M. Thrun, Co-Trustee, Lesa Arbaney Chesnut, Co-Trustee on behalf of Louise L. Arbaney Revocable Trust 2. Note: Per Statement of Authority recorded May 4, 2020 as Reception No. 934928 the person(s) authorized to execute instruments conveying, encumbering or otherwise affecting title to real property are Dawn M. Thrun, Co-Trustee, Lesa Arbaney Chesnut, Co-Trustee on behalf of Elmer Arbaney Family Trust 3. The Company must be furnished a copy of (1) the Trust; (2) all amendments thereto; (3) evidence satisfactory to the Company that all 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 4. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 5. Pay the agreed amount for the estate or interest to be insured. 6. Pay the premiums, fees, and charges for the Policy to the Company. 7. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. This is an informational only commitment and no policy will be issued hereunder. 8. Receipt of satisfactory Improvement 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 legal description 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 Improvement Survey Plat. NM 6 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. This Notice is required by Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph G. Pursuant to Colorado Division of Insurance Regulation 8-1-2, notice is hereby given that affirmative mechanic's lien protection for the prospective insured owner may be available 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. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph M. Pursuant to Colorado Division of Insurance Regulation 8-1-3, notice is hereby given of the availability of a Closing Protection Letter which may, upon request, be provided to certain parties to the transaction. 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; and D) The company will not issue its policy of policies of title insurance contemplated by the commitment until it has been provided a Certificate of Taxes due from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary 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. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph J. "Good Funds Law" 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 and 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. 2007022 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 of to the satisfaction of the company: 1. Rights or claims of parties in possession not shown by the Public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, 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 June 8, 1907 as Reception No. 33598 and July 31, 1899 as Reception No. 21912. 10. Right of way for County Road No. 117 as contained in instrument recorded October 4, 1927 as Reception No. 99570. 11. 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. 12. Right of way for ditches and canals in place and in use. 13. Right of way Easement granted to Holy Cross Electric Association, Inc. in instrument recorded July 13, 1971 as Reception No. 250315 and September 7, 1993 as Reception No. 452127. 14. Garfield County Resolution No. 98-50 recorded July 14, 1998 as Reception No. 528582. 15. Terms and conditions of Water Sharing Agreement recorded September 21, 2009 as Reception No. 775377. 16. Easements, rights of way and all other matters shown on the plat of D & L Exemption recorded July 22, 1993 as Reception No. 450180. 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: (1) The Deed of Trust, if any, required under Schedule B - Section 1. (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 1004-12 COMMONWEALTH 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: (1) 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. o L[]lt rüll tlilil ilil lnl lilfltililt llilillt lllt528s82 Ø7/14/ß9A 01:58p eßi{ptaz-N *åıb'nr'1 of 3 R Ø.øØ D o.Oø GRRFIELD C0UNTY co '14'¿ I STATE OF COLORADO County of Garfield At a regular meeting of tile Board of County Conrmissioners for Garfreld County, Colorado, held in the Commissioners'Meeting Rootn, Garlicld County Courthouse, in Glenwood Springs on l&rnday., the i-lth -of fuly .,A.D. i9-2L,therewerepresent: Marialr I. Sr¡iitlr . Commissioner Charnnan Inlrlr Marfin Comnrissioner Commissioner l)on f)eIìolr{Corurty Attorney Mildrecl Alsdorf . Clerk of the Board . Couutv Adrninistrator when the following proceedings, ârnong others were had and done, to-wit: RESOLU"TION NOg 8- 50 A TIESOLUTION CONCERNED WITT-I GRANT'ING AN EXEMPTION FROM TT{E GARF'IELD COIINTY SUBDIVISION REGULATIONS IìOR EI-MER ARBANEY. WI'IEREAS, EI,MER ARBANEY petitionecl the l]oard of County Commissioners of Garfiekl Corurty, Coloraclo, for an exemption fi'o¡n the definition of the terms "sul¡division" and "subdividecl land" unclerC.R.S. 1913,3A-28-101 (10)(a)-(d),asaureuded,andtheSubdivisionRegulationsofGarfielclCouuty, Coloracio, adoptecl April 23, 1 984, Section 8:00 through 8:60 and fur the division of a UA.62 acre tract as describecl in Book 485, Page 428, as filed in the Offices of the Clerk and Recorder of Garfield County, Colorado, into two (2) tracts of approxirnately 3.455 and 137.165 acres eachwith the exemptionparcels more practically as follows: See Attachecl All of that property clescribed in Book 485, Page 428 of the records of the Clerk & Recorders Office of Garfield County, less Lot I WHEREAS, the Petitioners have clenronstrated to the satisfaction of the Board of County Conlmissio¡lers of Garfield County, Colorado, that the proposed division does not fall within the purposes of Part 1, Article 28, Title 30, Coloraclo Revised Statutes 1973, as amended, for the reason that the clivision cJoes not rvarrattt furlher subdivision review; and ) )ss ) I 2 (in the State of Colorado ancl the Cciurty of Garfìeld); ancl Lot Lot ,I ')rl'f .t \ #I r[il l!|åt |;lïå! r l[,tf tLILtJltL[l I 2 of 3 R ø.øø Ð ø.øø GRRFIELD COUNTY CO WI-{EREAS, the Petitioners hal'c <lcmonstrated to the satisfacLiurr of the Board of Cou'tyCommissioners of Garfield County, Coiorado, that there is a reasonat:le probability of locating do'resticwater on each of said parcels, that there is cxisting ingress ancl egress to saicl parcels, that the iocati.n ofseptic tanks will be permitted by the Coloraclo Depãrtment of Health, that the requested division is not parfof an existing or larger developrnent ancl does not fall within the general pirposes and intent of theSubdivision Regulations of the State of Colorado and the County of Garfield, and sliould, therefore, beexempted from the definition of the tenns "subdivision" a¡td "subdivided land" as set forth in C.R.S. 1973,30-28-101 (10) (a)-(cl), as amended; and NOW THEREFORE, BE IT RESOLVED that the clivision ofthe above described 140.62aøe parcel is liereby exemptecl fi'om such defrnitions and may be conveyed in the forur of t¡e L't ,,1 a'd Lot ,,2,, , as are tllol'e fully tlescribed above and tliat a oopy of the instnuuent or instruments of conveyance when recorded shall be filed with this Resolution. Dated tlris 'l 3. -ï-;-day of .T uly A.D. 19 eB GARFIELD COTINTY BOARD OF COMMIS SIONERS, GARFIELD COLINTY, COLORADO vote tlttt A i ("J1 /-tt '.., . .. ' '.(\ ', ", \ ':. C STATE OF COLORADO County of Garfield I County Clerk and ex-officio Clerk of the Board of C ounty Conunissioners, in and for the County and Slate aforesaid, do hereby certify that the amexed and foregoing Resolution is truly copiecl from the Records of the proceedin g of the Board of County Commissioners for said Garfìeld County, now in my of{ice IN WITNESS wlIEREoF, i have ltereunto set rny hand and affixed the seal of said County, at(ilenwood Springs, this _ day of _, A.D. l9_. County Clerk and ex-officio Clerk of the Roarcl of County Commissioners ) )ss ) I f l o LruüJ[[fill![tT|llfrå!ilffiill ilm|ililil ilil /o-r /L-\ 34 ¡t RLSÐoRF3 of 3 R ø.øø t ø.øA GÊRFIELD COUNTY C0 T.EGAL_pËSCfüPI0t¡ A PARCEL 0F tJ$lD gruAIEo lN THE Ë1l2sf:114 0r SECTIoN 27, T0$,tSHtp 7 sorJIH, RANGE 89 ITTST, OF THE 6th PRINOPAL TIERIDIAN, AND ALSO L\1NC hITH¡N A PARCEL OF LAND AS DESCRIBED IN BOOK 1E5 AT PAGE 428, COUNTY OF GARREI.Ð, STAIE OF COLORADO, SAID PARCTL L\îNG TIESTERLY OF GARREI..Û COI.,NTY ROAD NO. 117, AS CTJRRENILY COT{STRUCIED AND IN PLACE, AND BEII{G I¡ORE PARIICIJI-{RLY DESCRIBED AS FO.LOIIS: BEGINI,IING AT A PCI}'IT OI.I THE COUNNT ROAD UNE AS DESCRIBED IN BOOK 185 AT PAGE 428, ÏHE TRUE POINT OF SEGINNING, ilTITHCI THE SOI.,THEAST CORNER OF SAID SECTION 27 BEARS S2859'57'E 102J.71 FEFI; THENCE L"tÅVlNc SAID IIESTERLY RtcltT-OF-tT y N60'47'J7'W 289.00 FEET; THENCE N2l'56'08'E 91.J2 FEET; IHENCE N1132'50'E J22.94 FEET; T}{ENCE S7759,15,E 329,27 FEET TO A PCINT O.¡ SAID CCIJNTY ROAO UNE, IT}IENCE THE IIITNESS CORNE FOR THE Et/4 coRNER 0F sAtD sEcïIot't 27 BEARs N2659'08'E 110+.96 FEET; THEN0E s10"00'00'w J2J.94 FEET ALO|{G SAID C0UNTY R0Ai} UNE; THENCI AL0ttc SA¡D COul¡TY ROAD UNE S36!0'00'w 191.08 FEET TO THE IRUE PONT OF BEGINNING, SAID PARC€L OF LAT.ID COI{TAINING J.455 ACRES, UORE OR ITSS. I. i. :.. v c r2T5ts nþ bâNeV x I'-/ s',;t-' I -5a1 Illlilt llilt ilillt ilil lll[lllll]f-llllllllull llll llll 'szrig'ätıï'ziq7ïgsã øilsgp Btø?? P?35 1l RLSDoRF i-;¡-i ñ rr.øø Ð ø.0ø GRRFIELD couNrY c0I 81 ,4- t ll%På 30,drnNs'b rr tlo. f ; Job tta 980284ù4tEBTRTYEION Ðmrî tt: RAJ Ma 06/O8//98 4p¡ bJfr S¿- i OF .4 F: X Z',l,{P TíO N ß'{,4 t'', jv*O" 2ÅfrF,1Hr|j' FA i.?d:þf, SCHMUISER GORDON MTYER INC. f18 W 6th Streer, Suite 200 Grenwood S¡¡rinos, Color¡Cc 8i601(97a) (j45-tcov (rnx 0+s-soda; Àspeir, Cororodo (970) 925'6/?/ SURri€YORS É¡]GINEERS SCHMUÊS'R GORDOIi ME\€R ARBAIVEY EXEMPTTOIV T{0, 2 A PARCEL AF LAND SITT]ATEÐ II'{ THE E t /zSE 1 /4 0F SECTI7N 27, T}W\{SHIP 7 S}UTH, RAIVGE 89 WEST, OF THE 6th P.M., COUNTY OF GARFTELÐ, STATE OF COLORADO EXETIPIIOi¡ PAßCILlfc L o€SCR|Pï0N À ptRctl oF LAÌÐ 5:UIJ^1E0 tN tHE Ét,/2sq1/4 0F S8CIoH 27, TOtìilSûilP 7 SûJr}r, 8Ât{CE m v'E:iT, 0F lllE 8lì PRII{CIFAL iltRlütlil, A}lD lt1.S0 LYNG lìflHlN Â PARçEL oF L l¡f} AS oEscüBÐ f{ B0O( 185 ^1 PÂe€ 42q C0uilw 0f 0ÁRFE0' STAE tr Cî10fi1,Ð0' sÄ0 PtRCEt LTNo $ESIERLY tr eÁRflEt! ætllÏY Ro^D NO 117, AS CURRBIILY CoNslRtlclÐ At{O IN PLAff, ANO IÉNC MORE PAfiMULAÊLY O€SCRIBED AS FInIOftT 8EqilNO AT Á PSIII OIi IlE üXJþTY ROTÍ} I.II¡E ÂS DES4RIEÐ tr.I BOOI( JE5 AT PÂ6E 423, ¡ilE.lRlJE P0!¡r 0F EEsrs¡r¡lq ìsEllcE lHE SoU]}IEAST eoR]lER 0F SÀ0 SSCîoN 27 8EÀnS s2E5S'57t t0ã7l FEET; lllEllcE IE VING SA¡D ltESlRY nlÊiT-oF-WÂY N6f,t737ì'V 289.00 FEET; IH€NCE ¡l?rT6'08'E S1.J2 FEET; IHË{C'E Nlt'J2'50'E 322.94 fEETt lHEt{cE 5/759'r5T J29.27 'EET TO A PoINT 0l'l S l0 COlri¡TY RO'\f} tsq ttr|rNff ilr ünEÊs coR¡¡fi FOR l¡tE E11.1 CoRIER 0t S¡Ð SECtþil 27 SEARS 1,12650'08i8 1,+Û4.9S FEIr ltfllcE s10!d00lll ¡2¡.94 rEEÍ ALOÌ{C 9{0 COul{TY ROÁD UIE THENCI Al¡llc SAID æt Ì,1fi ROID UilE S36!0'0f]'lr tgt.08 ftEI To tHE lRtg POI{T 0F B€0tt{¡s16, s¡10 PÂf,cg" 0F LANo c0f,lrÁs{r,¡6 3.455 ACtES, UoR€ 0R L"ÊSS. PUSIC 20133, I I É(El¡PnOI CffÍHC¡lE 'Ilds pr-AT AppRoìrÊo 8Y REsoLUltoN qF-tE 80 40 0F çqu$Y muillssoû{ERs ftf, 0F cARFrã.¡ CoUNfl, C0I.0RA00 rHrs J^@. DAY 0F '1" l V A.D. 19J.12- $¡ fÏ.tilc riÌH ïtE clrR( At$ REcffi)ffi 0f GAIRILÐ coJNfY, drol ÂPPRovAl lN ilO \TAY HPUEE IItAf 'IHE NFMUA'IIO'{ STOII{ IffitrH ¡S NUE ÁI{O U}RRECT TTJT ÐoEs lt¡üçÀtE ll{ÂT lHlS PL^T lS EXEfpT Frot¡ Àl{0 l{oT grB,fcï m REür"AltO{ rx{D€R oA¡flÊt¡ cotilll/ sjsolvrsroN REcuL llGls AT fiE lltE ÛF lT5 flllile. l I I ,-J ,tr .ì ' ''l'r'¿ç ' '-i'' '¿';":':l)L ' ct{AtRutNi !SÁL OF 'IHE COUNW OF CARfITIO, & L Ð€ÍPIIOTI { o¡ t¡AP AS SåOllt'{ PRGPARED ¡Etl;r uff q..?a SECII(I¡ 2? sY scrfiRo$¡ & sÀK[n, n¡c., DA]EÐ iütE 2, iggJ (REc. No. 45ø80) Nrd/:1s81/4 l sJßlEYm'S CffinBC TE r, sÍPHÊ't L tlllEns, Ð0 HE8[3Y CtRllFY lHÂl I A[ A iEOS]ERm L^il0 sl,lR!€YOn LrenS¡o ullÙER ìHE LArVs OF tHE STAIE 0f CoLoR¡ltO, ltt T ïlls PLAT lS A TñlE, ComËCr Al{0 @fl'ElE P!ÂT OF IHE aBAì¡EY ExÐ¡P101{ NO. 2. ÂS tÂlt} dJT, FttTm, DÉOerllED &iD $lOIÍ{ ¡ffiEON, IIIÀT $JCTI PLAT IIAii IIADE FROTI ÂN ÀCq'R'ITE E'iI'trY OF SAID FROPEITI 8Y ME ANO IÂIDER I¡Y C,PERVISIOiI At{o coRREcÈY sHom }E tocÂIoN Al€ üM$satls 0F IHE Lols, ÉÂ5EÍE|¡T5 Áll, íREETS 0F S^lD c,80r1¡rso{ As T}Ë sÂilE ^nE slrx€o uPoN l}E GRWN0 ll¡ col¡PUAl.¡€ l$l}l APRIcÁBIE REGULAllotlS G{'\,ERNING IHE gtfr}lvl¡loN 0F L^tlD. l ÈI,1/4 t I { I lN *llNESS I'llERE0f I HAriE SEI tlY H¡l{D A"D. 19 g I DAY OF sìr{t/46€r/4 OI{ MAP BY SCttArE$n, eofi,ofi IIE}8, INC. DAIIT APR[. t99J IN coR|€R Fof,çt[{w suRr,EmRÊ cfR]nnc lE GAñfIEt.O {t5.rcAO $lE PC. ,+28 GRAPHIC SCALE APPROI4D Fffi COI{]¡}IT OI{LY I'¡D NOI lHE 0F gJRlElS, CÀL(tJlAÍot'lS 0R cot ilfY CAP BñASS DfiÂFnI6. PTHSUå|{Ì TO C,R.S. 1973 PER IJE-2-J, wl/Æ1/+g *P -xs 5b 9,¿ {9 25',( IN FEEI ) sY{u1 i,t0. tHts ffiÆ& crP Ls.2O1J5, SET 0,$E: st{0lEt lt€ RÍIIAIIO}¡G ÂBÁI€Y PR#ERTY llt"l 8Ê Är ìfiAf PRætRTY ÁS DESCRTtrI' lll B00x 4t6, ÂT PAef, 428, EXCfPllNo iHEnË FRott lllE 0 ú¡ L aEMPllON A$ RECmDm AS BECænOt lO. 450180, AND lHE ^fi8Ât1EY ÊlElPlloli N0. 2 Ás 0ûPtctED ot'l ï}lls MÀP. NO¡ES t. IHE SASS 0F 8EÂRrilGS Sl{0Ì1.1 0ll lHls l¡ÂP ls 8Às¿0 0t{ A 8EAR0¡G F ¡¡00'15,t1'Tl, tssitlE0 sErr|EEl¡ IHE s{[rIHEAsf CoRlg 0F $cnot'l 2¿ At{o tH[ slr€ss coF lER FoR ril€ E1l4 (¡(ntffi 0F s lD sEcnol 27. 2. lxts I¿AP vÂs PRt¡ÀRtÐ t{ll{ot T Bt},{EflT 0F ^ nllr col¡ln'lì4$lT At{o DoEs No'r ær¡sniltE A lllf sEÂRcH BY lllls slJRvEYoR 0n sof,luEsa, G0RÐ(I'¡, I¡EYER, ¡llc,, tF lllE PRopERrv S'lO*1'l T0 DÍlIßrlNE ol'l{CRSlF, CotlPAlElUW wrH rrÀ{rNuG PâRcEl" 0Ê E}SEllEitfs 0R E}¡ct ltgRÂllcEs 0F RECoRD AFFECI¡1o IHIS PÂRæ- CrfRK ANN RECOROER,S CFR]IF¡CAII EXrSf- Xl SPñ|NC GARÍIEI"D slrRvzlîR I øn|',^,'l / ACt or/mHeAD I éyry) Y{' I PLASÍC 20r33, ã' wñEsS ÀEBAR & ÇÂP LS. l. \ le h tb.otu t@ teße@uawkAe M u@ aeta¿¿hIàú enw úþ M v.ñ qtrn 9ıYßãt ¡kMì ilú &/&¿ /4 ,o .ryr WMld db. M øû ¿tu d4æ, a tÀ;s áM ôc cññèd Nfr M ¿ù tø5tutudeúhc4t@'@ c^P, FO,llÐ à - VICINITY MAP -SCALE: 1 Inch = 2000 FeetSiteAmended Arbaney Exemption No. 2A Parcel of Land being all that part of Lot 17 of Section 22, Lot 1 ofSection 27 and the SE1/4NE1/4 and the E1/2SE1/4 of Section 27, Township7 South, Range 89 West of the 6th P.M. situated West of the County RoadGarfield County, ColoradoApproved:Title:AmendedExemptionPlatRevision#Sheet No.Amended Arbaney Exemption No. 2 Garfield County, ColoradoJob No.Drawn by:Date:File:2020-388.001HS05/27/2020SBArbaneyExemptionAmended118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com Date By:13Of :--PLS:Graphic ScaleIn U.S. Feet : 1" = 1000'050010002000·”””Purpose Statement: The Purpose of this Amended Exemption Plat is to divide the remainder Parcelfor estate Purposes into two Parcels larger than 35-Acres each, as shown hereon””””””” Matchline - Sheet 3Matchline - Sheet 2Exemption Parcel B 35.054 Acres± Exemption Parcel A 97.694 Acres± County Road No. 117 Approved: Title:Revision#Sheet No. Job No. Drawn by: Date: File:ArbaneyExemptionAmended118 West Sixth Street, Suite 200Glenwood Springs, CO 81601970.945.1004 www.sgm-inc.com DateBy:2 3Of : --PLS: Graphic Scale In U.S. Feet : 1" = 100' 0 50 100 200 Amended Exemption PlatAmended Arbaney Exemption No. 2 PlatGarfield County Colorado2020-388.001 HS 05/27/2020 SB Amended Arbaney Exemption No. 2 A Parcel of Land being all that part of Lot 17 of Section 22, Lot 1 of Section 27 and the SE1/4NE1/4 and the E1/2SE1/4 of Section 27, Township 7 South, Range 89 West of the 6th P.M. situated West of the County Road Garfield County, Colorado Matchline - Sheet 3Matchline - Sheet 2Exemption Parcel A 97.694 Acres± Exemption Parcel B 35.054 Acres± County Road No. 117 - LEGEND - Approved: Graphic Scale In U.S. Feet : 1" = 100' 0 50 100 200 Title:Revision#Sheet No. Job No. Drawn by: Date: File:ArbaneyExemptionAmended118 West Sixth Street, Suite 200Glenwood Springs, CO 81601970.945.1004 www.sgm-inc.com DateBy:3 3Of : --PLS: Amended Exemption PlatAmended Arbaney Exemption No. 2 PlatGarfield County Colorado2020-388.001 HS 05/27/2020 SB Amended Arbaney Exemption No. 2 A Parcel of Land being all that part of Lot 17 of Section 22, Lot 1 of Section 27 and the SE1/4NE1/4 and the E1/2SE1/4 of Section 27, Township 7 South, Range 89 West of the 6th P.M. situated West of the County Road Garfield County, Colorado Site Of Sht. Job No. Drawn by: Date: File: Approved: Vicinity Map 2020-388.001 HS 6/01/2021 SB ArbaneyExemptionVicinity Amended Arbaney Exemption Plat Garfield County, Colorado 1 1 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com In Feet: 1" = 5,000' Vicinity Map Amended Arbaney Exemption Plat \ cG Garfield County CERTIFICATION OF :MINERAL OWNER RESEARCH This form is to be completed and submitted with any application for a Land Use Change Permit. Mineral interests may be severed from surface right interests in real property:CR.S.§24-65.5-101,et sea, 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)(1)(b)(4)requires written notice to owners of mineral interests in the subject property in accordance with CR.S.§24-65.5-101, et sea,lias 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 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)(1){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):"j..I own the entire mineral estate relative to the subject property;or _Minerals are owned by the parties listed below The names and addresses of any and all mineral owners identified are provided ~elow {attach additional pages as necessary): Name of Mineral Owner Mailing Address of Mineral Owner ""j ."• - Iacknowledge Ireviewed C.R.S.§24-65.5-101,et seq,and Iam in compliance with said statue and the LODC. 5/27/202/ Date !.r~ " I' .. 111IWI.rI~M.HI(.HI'.N~l~rwl.ft·fHM.W,~MIl 11111JRec:eption#:733465 3RE091191200703;63;18 PM Jean Alberico1of3ReeFee;$lS.GO Doc;Fee:O.OO GARFIELD COUNTY CO DEED OF DISTRIBUTION THIS DEED is made by Dawn M.Thrun and Lesa Arbaney Chesnut,as Co-Trustees ofthe Elmer Arbaney Revocable Trust,Grantor,to Elmer Arbaney Family Trust,Grantee,whose address is 2585 Midland Avenue,Glenwood Springs,Colorado 81601. WHEREAS,Elmer Arbaney,as Settlor,established a revocable Trust under Trust Agreement dated July 17,2001. WHEREAS,under the terms of the Trust Agreement,said the assets of the Trust are to be distributed upon the death of the Settlor. WHEREAS,the Settlor is now deceased. ~..NO W.THEREFORE,Grantor does hereby convey,assign,transfer and set overto said Grantee, as the distributee entitled to receive the same under the provisions of the above referenced Trust Agreement,the following real property situate in Garfield County,State of Colorado: All of Grantor's interest,said interest being an undivided one-half interest,in and to that property described on Exhibit "A"attached hereto and incorporated herein by this reference;v.~ also known as Assessor's Schedule No.:.R080871 ; together with all appurtenances thereto belonging. Executed thi;/9 day of September,2007.. ~.7n~ Dawn M.Thrun,Co-Trustee of'the Elmer Arbaney Revocable Trust esa Arbaney Chesnl(v,'Co-Trustee of the Elmer Arbaney Revocable Trust 1"-"1. " After recording return to:Dan Kerst.P.C. 823 Blake Ave.,11202.Glenwood Springs.CO 81601 I' 3, I'"~r'l ~MINltINrIHl~IHrr.*~t4"IItNI~ly11111 Reception#:733465 IERE09/19/2007 03:53:18 PM Jean Alberico2013RecFee:$16.00 Doc Fee:0.00 GRRFIELD COUNTY CO STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this 19 day of September,2007, by Dawn M.Thrun and Lesa Arbaney Chesnut,Co-Trustees of the E~r Arbaney Revocable Trust. WITNESS my hand and official seal. My Commission expires:7/1/11 .~".' \. I r .••. Afterrecordingrerum to;Dan Kerst,P.C. 823 Blake Ave.,#2fJ1..Glenwood Springs,CO 81601 '---_.--"-_..~ • 111If»'I.rl~MIH!~.N!',HI~.~M'iI~·rHM.W,~M'~1III1IRec:eptionl*:733465 3RE09/19/2007 03:6~:18 PM Jean AlbericoIof3ReeFee:$16.00 Doc Fee:O.ee GARFIELD COUNTY CO DEED OF DISTRIBUTION THIS DEED is made by Dawn M.Thrun and Lesa Arbaney Chesnut.as Co-Trustees ofthe Elmer Arbaney Revocable Trust,Grantor,to Elmer Arbaney Family Trust,Grantee,whose address is 2585 Midland Avenue,Glenwood Springs,Colorado 81601. WHEREAS,Elmer Arbaney,as Settlor,established a revocable Trust under Trust Agreement dated July 17,2001. WHEREAS,under the terms of the Trust Agreement,said the assets of the Trust are to be distributed upon the death of the Settlor. WHEREAS,the Settlor is now deceased. ~..NO W,THEREFORE,Grantor does hereby convey,assign,transfer and set over to said Grantee, as the distributee entitled to receive the same under the provisions of the above referenced Trust Agreement,the following real property situate in Garfield County,State of Colorado: All of Grantor's interest,said interest being an undivided one-half interest,in and to that property described on Exhibit "A"attached hereto and incorporated herein by this reference;.! also known as Assessor's Schedule No.~R080871; together with all appurtenances thereto belonging. Executed thi;/'1 day of September,20(n. ~7n~ Dawn M.Thrun,Co-Trustee ofthe Elmer Arbaney Revocable Trust \ ~~ esa Arbaney Chesnl(Y,Co-Trustee of the Elmer Arbaney Revocable Trust lr,\ \ After recording return to:Dan Kerst.P.C. 823 Blake Ave.,#202.Glenwood Springs.CO 81601 \' ), ")7tl..'...,. ll~J~51![IJ'~IJl!!II!1J'l~llIJJJ!I!lijll!I~LI!IIO~}1ER HERE 1 of 2 R 10.00 D 0.00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED Elmer Arbaney,Grantor,for good and valuable consideration,in hand paid,hereby sells and conveys to the Elmer Arbaney Revocable Trust and the Louise L.Arbaney Revocable Trust,Grantees,as tenants in common,whose legal address is 2585 Midland Avenue,Glenwood Springs,Colorado 81601,the following real property in the County of Garfield and State of Colorado,to wit: SEE EXHIBIT "A"ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE; also known as 8611 County Road 117,Glenwood Springs,CO 81601; with all its appurtenances,and warrants the title to the same against all persons claiming under the Grantor. ~ NO DOCUMENTARY FEE REQUIRED:Transfer for estate planning purposes with consideration less than $500.00. ~e. SIGNED this :2.J../l-U.<&j p,el-,2001. /~;/k~ Elmer Atbaney ..,~ day of STATE OF COLORADO ) )ss. ) . COUNTY OF GARFIELD The foregoing instrument was acknowledged before me thi 2001 by ELMER ARBANEY. l'day of t2u.~. ,,.~ -,,"~,~_d'":_~''-,;\\.~J 0 :JlJl".........'-\,..~'Y'•,.,;.;}.V" ':'~~;':.~:J?,!(~~<>..•.'1 f C:1~t(~.~)C;in<;-/, ~.;.'~;":~;~;i~;~)~:'\'";-~,.~·b'l 0,'\~~~?~1T:':" .~£7.f/~;~-,\1€I T-tj";"\ ~./.,1 WITNESS my hand and O~ici Is al. My Commission expires:~..=-:;2"", O:\dk\Arbaney-E&L\SWD--CRl\7.frm I' After recording return to:Schenk,Kerst &deWinter 302 8th St.,Ste.310,Glenwood Springs,CO 81601-- ::11 V. 3CfJC6 ~ 12 PARCEL II .':- -:--"'\ 111111111111111111111111111111111111111111111111111111I58679508/21/2001 03:13P 81279 P271 M ALSDORF 2 of 2 R 10.00 D 0.00 GARFIELD COUNTY CO ~ ~~s,....: [1!: (5 ,~515~Clo ..c:~CUIE ~ooU)C,).-•...-5-§.'A parcel of land sitaated 1n Lots 8 ~nd 13 ot S~cti«m 23,and in Lot <U .~..3 of Section 26,all In T.7 S.,R.89 W.of th~6th P.~.,lyi1:MJ ~~'-.EaRterly of the Wttstar1y lines otaaid Sections 23 and 26 and~s..hesterly ot the Wt!sterlt rlght-ot-wey Itne ot a County R03d as con-e::....•tructed and 1n ~lace,aaid parcel fJt land is de.cribed as f,,110lnl:;:)o·..(.)c'·o U)'0.-en 0..'·s:.:.c ..r-t- PARCEL I All that part of Lot 17 of Section 22,of Lot 1 ot 5~ction 21 and the SE~NE~and E~SE~at Section 27,T.7 S.,R.69 w.,6th P.M. aituate w.st ot the lin.at the County Road ~e.ei1beda.f~llevs: Beqinning at the point of intersection ot the present Cc~ty Hiqhway with the South boundary line ot Section 21,T.1 S., R.89 W.,6th P.M.,.aid point beinl 851.4 teet West of ~~ Southeast corner of laid Section 271 thence N.21~£a5~422.5 feet,thence N.7-East 184 teetl thence N.26-30-East 2~~ feet,thence H.36-East 313.5 feet,L~enc.w.10-rast 65G feet,thence R.1-30'East·9AO.S feet,thenc.\!l.21-J'l- .East 271 feet,thence N.5-30'East 894 feet:th.enc~~. 11-30'Weat 221 teet,thenceN.13-East 769 f~~t:tbenci! ~.498 feet,thence H.4-East 211.5 feet,thence S.S· Weliltte)tho point of inter.ectioft vith the !r()rth boanclarr line at Lot 17 of Section 22.,T.7 S.,R.89 W ••6th P.M.approximately 310 teet.,'-, ~z U) ~ ~~ Do!qinnlnq at the Section COf"ner common to Sections 22, 23,26 and 27 in .aid township and ranq.f thence ~.00-01-.8- E.737.09 feet a10nq the Westerly lin~ot said ~c~ion 23 to a point on th~Westerlyriqht-of-way line of said County Road:t~ence a10nq the Westerly riqrrt-of-way line of said County Road S.23°31·~0·E.4.22 teetJ thenc~420.22 f~t alonq the arc at a curve to tho riqht,havinq a radiasat974.41 feet,the chord of which blarg:S.11°1S-43- E.416.97 feetl thene~S.01005'33"W.548.7'feet th~nc~ 193.72 teet alonq the are of a curve to the riqht.h.~vi!'IIJ a radius of 1022.63 teet,the chord of which bears:S. 06·3l·10~w.193.42 feet,thence S.ll·56'46~~.2S0.6! feet to a point on the Westerly line of said Section 26: thence ~.00·04'11-E.661.82 feet alonq the Westerly line ot saidS~ction 26,to the Sectjon COLnercommon to Sections 22,'3,26 and 27,thJa point of beqinn~~. containing 1.96 acras,more or le~R.," " Toqather with all improve~nts situate thereon and all ditch and water rights appurt~r.ent th~t~to and used in connection ~~~r~ith. ~. I' --- After recording return to:Schenk Kerst &deWinter 302 8th St.,Ste.310,Glenwood Springs,CO 81601 June 2, 2021 Dawn Thrun Trustee, Elmer Arbaney Family Trust & Louise L Revocabale Trust. 7843 County Road 117 Glenwood Springs, CO 81601 Re: Waiver request Project: Amended Final Plat Arbaney Exemption No. 2 To The Garfield County Board of Commissioners I am requesting a waiver from submittal of an Improvements Agreement per Section 4-118 C. Review Criteria A waiver may be approved if the Applicant demonstrates that the following criteria have been met by the proposed alternative: 1.It achieves the intent of the subject standard to the same or better degree than the subject standard; and 2. It imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this Code. Section 3-403 Use Table My request is General -Agriculture. The division of land is being requested so that the land can be distributed to Elmer & Louise Arbaney (desceased) heirs. There will be no land use change. Currently the land is agricultural – grazing and will continue to be use as such after the division. Thank you for your consideration. Respectfully Dawn Thrun