HomeMy WebLinkAbout1.00 ApplicationJune 19, 2021
TAX PARCEL NUMBER: 2399‐254‐00‐082
PROJECT: Cheney Road Split Exemption
OWNERS/APPLICANT: Dustin & Tara Cheney
PRACTICAL LOCATION: On County Road 313, approximately 11 South of the Town of New Castle
ZONING: Rural
COMPREHENSIVE PLAN: Residential medium High (2 to <6 acres/du)
TYPE OF APPLCIATION: Road Split Exemption
NARRATIVE DESCRIBING REQUEST
We own 40 acres of land approximately 11 miles South of the Town of New Castle. We desire to utilize a Road Split
Exemption to split the property. The proposal would split the property on County Road 313 into two separate parcels.
Lot 1 would be 18.312 acres and Lot 2 would be 21.946 acres. There are no developments currently on the parcel
except for driveway access into each parcel. Both parcels are access directly off of County Road 313. After the split, we
intend to sell Lot 1 and retain Lot 2, eventually placing a cabin on Lot 2. County Road 313 currently bisects the existing
40 acre parcel, effectively fragmenting the property and presenting unreasonable challenges to use the parcel as single
family use.
Wells and Onsite Wastewater Treatment Systems have not been established on the property. The parcel has been
investigated and found acceptable for each proposed lot to have an Onsite Wastewater Treatment System by CBO Inc
which specializes in septic designs. We have contacted Wayne Shelton Drilling and have discussed the permitting
process for both locations as well. We have submitted a Waiver of Submission Requirement for the drilling of the wells
pre split. It is “off the grid” mountainous terrain and do not intend to drill on both sides of County Road 313 if the split is
not accepted.
You will also find a Cheney County Road Split Exemption plat that we had prepared with Bookcliff Survey Services, Inc.
We have enclosed all requested materials to apply for the Cheney Road Split Exemption.
Thank you,
Dustin Cheney, Owner
Tara Cheney, Owner
RECEIVED
I I '
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970} 945-8212
www.garfiel d -county.com
TYPE OF SUBDIVISION/EXEMPTION
J><l Minor Subdivision
D M ajor Subdivision
D Sketch0Prelimina ry 0Final
D Conservation Subdivision
[ ] Yield □sketch 0Preliminary0Final
D Time Extension
INVOLVED PARTIES
DIVISIONS OF LAND
APPLICATION FORM
D Preliminary Plan Amendment
D Final Plat Amendment
D Common Interest Community Subdivision
D Public/County Road Split Exemption
D Rural Land Development Exemption
D Basic Correction Exemption
Owner/Applicant (\ {)
Name 1'2v,sr,N l,lite,l~ ~~ Phone:f\10 !31£1 • '52-58'
MailingAddress:'3~l.QO _ L~
City: ~ PuE--State: ~<D Zip Code: ~ \u, S 0
E-mail:~~C..,\,).d-..5 @B IY)~L~Ov'h
Representative (Authorization Required)
Name: __________________ Phone:( __ ) _____ _
Mailing Address : _________________________ _
City: ______________ State: ___ Zip Code: ______ _
E-mail: ____________________________ _
PROJECT NAME AND LOCATION
C Z Assessor's Parcel Number: -~ 9__!1_ -_k_2 _g _ _Q O -_Q_ _!_ Z.
Physical/Street Address: 03\3 tolAJ.)T~ \GC ~ LTBbj
Legal Description: SernoAl : 2 5 Tbwu~ rt,~: 1-K.f\101.,JE;:
G\l. SLIZ 5 1 /2. ~ i; I I
Zone District: \Cu.Cl ~ Property Size (acres): L.tO,.Q
l
r---
Project Descri ption
Existing Use: )L~ •
Proposed Use (From Use Table 3-403): .,.. ~lAD--A-l..
Description of Project: ~t:5~ S.eL-cr-G~cst'V\.'PT\D~ 7---n ~PL-LT
\...\-t) Auu; 7~E-L t mo Two 2Ait.c.GL-5 r3 c,
c au._t0T~ Ru Pr D ~ ~~ . \A}~ OF c., h.,~ ~ i.r_-+,j -r
() -i k):£ ?e-Q..C..EL '66fi0{;, I ~-'3 C2. A Ch &S, 7}t-G
frr'\1 ~a_ ?J.C\41 ~ tlr l!_.(2..65 .
Proposed Development Area
Land Use Type # of Lots # of Units Acreage __ Park ing
Single Family -4D
Duplex
Multi-Family
Commercial
Industrial
Open Space
Other
Total
REQUEST FOR WAIVERS
Submission Requirements
~ The Applicant req uesting a Wa ive r of Submission Requirements per Section 4-202 . List:
Section: -W-Z... Section : -------------
Waiver of Sta nda s
0 The Applicant is reque sting 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.
tho rized Representative, Title
(j \.l)t-)~ OL
Fee Paid:$ .30 0 • ,a...
c:e;; Gar.field County
Community Development Department
108 8 th Street, Suite 401
Glenwood Springs, CO 81601
{970} 945-8212
www.garfield-county.com
TAX PARCEL NUMBER: 2399-254-00-082
PROJECT: Cheney Road Split Exemption
OWNERS/APPLICANT: Dustin and Tara Cheney
PRE-APPLICATION
CONFERENCE SUMMARY
DATE: May 27 , 2020
PRACTICAL LOCATION: On County Road 313, approximately 11 miles south of the Town of New
Castle, CO
ZONING: Rural
COMPREHENSIVE PLAN: Resident i al Medium High {2 to <6 acres/du)
TYPE OF APPLICATION: Road Split Exemption
I. GENERAL PROJECT DESCRIPTION
The Applicant owns 40 acres of land approximately 11 miles south of the Town of New Castle and
desires to utilize a Road Split Exemption to split the property. The proposal would split the property
on County Road 313, into two separate parcels of approximately 20 acres each in size. There are no
developments currently on the parcel, except for an access driveway extending into the western half
of the parcel. The eastern and western portions of the parcel {and proposed subdivision) are
accessed directly off CR-313. An access driveway would need to be constructed for the eastern half
of the parcel. Any proposed access roads or driveways need to conform to the dimensional
requirements in Section 7-107 of the LUDC.
The applicant has indicated that the proposed parcel east of county road 313 would be developed
with a single-family home, while the parcel west of county road 313 would be sold for future
developmeA-t. County road 313 currently bisects the existing 40 acre parcel, effective ly fragmenting
the property and presenting unreasonable challenges to use the parcel as a single-family use.
The applicant has indicated that wells and Onsite Wastewater Treatment Systems {OWTS) have not
yet been established on the property. Staff recommends that the applicant contact West Divide and
the Division of Water Resources at (970) 945-5665 to determine what is required for legal we l l
permitting. A water quality test and 4-hour pump test will need to be conducted for each well prior
to the application approval in accordance with Section 4-203(M){1)(b){5). The applicant may request
that water quality and quantity tests be conducted as condit i ons of approval , thereby delaying this
requirement following approval.
The applicant will need to provide demonstration that an OWTS is feasible and adequate to serve
each proposed pa reel .
The applicant will need to create a plat for the exemption. The plat wil l need to include al l
information as described in Section 5-402(F), including the name and addresses of the surface and
mineral estate owners. The applicant will also need to provide a title commitment for the subject
property and ensure that all easements and encumbrances identified in the commitment are
accurately shown on the plat.
Proof of ownership is required to process the application. Al l property owners, per County assessor
records, will need to sign the application and provide a letter of autho rization for anyone e lse who
will be working on the exemption application.
As the application needs to be referred to the Colorado Geologic Survey, the referral form (attached)
needs to be submitted with the application along with the applicable fee.
II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS
The following Sections of the Garfield Land Use and Development Code are applicable to the
proposed application:
• Section 5-202 Public/County Road Spl it Exemption /
• Table 5-103 Common Review Procedures and Required Notice ✓
• Section 5-401 and Table 5-401 Submittal Requirements
• Section 5-402 Description of Submittal Requirements including Final Plat
• Section 4-103 Administrative Review (public notice)
• Section 4-203 Description of Submittal Requirements (4-203.B General Application Materi als
and others as applicable)
• Provisions of Article 7, Articles 1, 2, 3 and 4, as applicable including site plann i ng and
subdivision standards.
• Section 4-202, Submittal Waivers and Section 4-118, Waivers from Standards, as needed.
2
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
.15<1 Minor Sub d ivision
D Maj o r Su b divisio n
D Ske t ch □Prelim i nary □F ina l
D Co nservation Subdivis ion
-□ Yield □sketch 0 Preliminary 0 Fi n al
D Ti m e Extension
INVOLVED PARTIES
DIVISIONS OF LAND
APPLICATION FORM
D Preliminary Plan Amendment
D Fina l Plat Am endment
D Common Interest Com munity Subdivision
D Pu bl ic/Count y Road Sp lit Exempt ion
D Rural Land Deve lopment Exemption
D Basic Co r rection Exemption
Owner/Applicant (\ ()
Name1M»:,N L.:,,tta,l~ \.,,~~ Phone c(C\10 mg. :;szsll'
MailingAddress:"B~l..QO _L_ ~-~
City: ~ PL.JE-State : ~ _ D Zip Code: ~ \\..p S 0
E-mail :~ ~t, '-)-~5 fE' B M ~ l. c__a Vh
Representative (Authorization Requi red)
Name: __________________ Phone:( __ )~-----
Mailing Address : _________________________ _
City: ______________ State: ___ Zip Code: ______ _
E-mail : ____________________________ _
PROJECT NAME AND LOCATION
Assessor's Parce l N ~mber: Z ~9._E{_ -_l_!i_!:f -_D. 0 -_Q_~ Z
Physical/Street Address: {)3\3 tolAJ)T~ \GO~ u6bj
Legal Description : SecnoN : 2 5 Tbwu~ H ,.P ~ l-~Ptt0br6:
91. SL/25112:SG I 1
Zone Di strict: '\2..u.,Q.{l<L Property Si ze (acres): L-lO,.O
Project Description
Existing Use: \I~ ...
Proposed Use (From Use Table 3-403): 7" ~l.A,Q..1-\-l_
Description of Project: ~cs~ s~L\..Ts..,._Grv\.'PTID~ (1) ~PL,L-T
4t) Auu; 7AA--C-~L l kJTO Two 7AiLC.E-L-$ r3 Y)
w~ n F c..1 ~Ji . ~-N -r e Du. t-JTl/\ lli)A-D '3 f:S . -,x I f;;.J [2 ' Ot..) tA-(LC..6 L B&1t0(;, A;C.$.,G-S, 7}t-f;
f'rr\1 ~a._ 2J .C\4l.a A~JLGS.
t
Proposed Development Area
Land Use Type # of Lots # of Units Acreage Parking
Single Family -4D
Duplex
Multi-Family
Commercial
Industrial
Open Space
Other
Total
REQUEST FOR WAIVERS
Subm i ssion Requirements
~ The Applica nt requesting a Wa iver of Submiss ion Requirements per Section 4 -202. List :
Section : -W1.... Section: --------------
Waiver of Standa
□ The Applicant is requesting a Waiver of Standards per Sectio n 4-118. List:
Section: ____________ Section: ____________ _
Sect ion: 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.
thorized Representative, Title
(Ju.)(\)~ (5L
File Number: ____ -___ _ Fee Paid:$ ___________ _
Cheney Road Split Exemption
Tax Parcel Number: 2399-254-00-082
County Road 313
Dustin Cheney
Tara Cheney
3360 County Road 233
Rifle, CO 81650
Article 4-202. WAIVER OF SUBMISSION REQUIREMENTS
4-203 M)(l)(b)(5) DESCRIPTION OF SUBMITTAL REQUIREMENTS
M. Water Supply and Distribution Plan .
1. Water Supply,. For the purposes of this plan , 1 Single-Family Equivalent (SFE) shall equal 350 gallons of
water per day, regardless of the type of use.
b. 14 SFE or Fewer. Developments that require water for 14 SFE or fewer and will not be served
by a Water Supply Entity shall provide a plan that describes how the water supply will be
sufficient for build-out of the proposed development in terms of water quality, quantity,
dependability, and availability. In determining adequacy of the proposed water supply, the
following considerations shall apply in addition to requirements of the State Engineer and
County Public Health Department:
(5) For projects served by wells:
(a). A minimum 4-hour pump test shall be performed on the well(s) to
be used. The results of the pump test shall be analyzed and
summarized in a report, including basic well data (size, depth, static
water level, aquifer, etc.) pumping rate, draw down, recharge and
estimated long-term yield. The report shall be prepared by a qualified
professional with expertise in the ground water or hydrology field and
shall include an opinion that the well will be adequate to supply water
for the proposed uses. The report shall also address the impacts to
ground water resources in the area.
(b.) If a well is to be shared, an Applicant shall submit a legal well-
sharing declaration addressing all easements and costs associated with
operation and maintenance of the system and identifying the person
responsible for paying costs and how assessment will be made for those
costs.
(c.) Water quality shall be tested by an independent testing laboratory
for the following containments: alkalinity, arseni c, cadmium, calcium,
coliform bacteria , ch loride, conductivity, copper, corrosivity, fluoride ,
hardness, iron, lead, magnesium, manganese, nitrate/nitrite, pH,
sodium, sodium adsorption ratio, sulfate, total dissolved solids, uranium
and zinc. Additional testing may be required for other contaminants
that occur within the County. The results shall show that the Maximum
Contaminants Levels (MCLs), as set forth by the CDPHE within the
Colorado Primary Drinking Water Standards, are not exceeded, or the
WAIVER SUBMISSION RESPONSE :
Applicant has otherwise identified a treatment system that will bring
the water within acceptable MCLs. Annual testing for other
contaminants, and testing for secondary drinking standards including
taste, odor, color, staining, scaling, and corrosion is also recommended.
Both of these lots are "off the grid" mountainous terrain lots. These lots are rural wi lderness and are non-agricultural. If
the Cheney Road Split Exemption is not granted, w e do not intend to drill wells . We are asking to waive the dri lling of
the wells until split is approved . As soon as we get approval for the split, we intend to drill the required wells on lot 1
and Lot 2 per Garfield County regulations.
Garfield County
PAYMENT AGREEMENT FORM
y Owner ("APPLICANT") j)v-~Ti,-J '~.A;\-c:N~
_._:....:....::...= _ ____.---'-'-=-.L..1....-----"'-~.i...=:..:...::-=..:.....\----------------agree as fottd.vs:
1. The Applicant has submitted to the County an application for the following Project: __ _ e ,'«:S t,.,)r""r-1 1c..-e)A:-~ s DL.. LT G )(. el A PD OU
2. The Applicant understands and agree~that Garfield County Resolution No. 2014-60, as
amended, establishes a fee schedule for each type application, and the gu idelines for the
administration of the fee structure.
3 . The Applicant and the County agree that because of the size , nature or scope of the
proposed project, it is not possible at this time to ascertain the full extent of the costs
involved in processing the application. The Applicant agrees to make payment of t he Base
Fee, established for the Project, and to thereafter permit additional costs to be billed to the
Applicant. The Applicant agrees to make additional payments upon notification by the
County, when they are necessary, as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioners for the
consideration of an application or additional County staff time or expense not covered by
the Base Fee. If actual recorded costs exceed the in itial Base Fee, the Applicant shall pay
additional bi llings to the County to reimburse the County for the processing of the Project.
The Applicant acknowledges that all billing shall be paid prior to the final cons ideration by
the County of any Land Use Change or Division of Land.
I hereby agree to pay all fees related to this application:
B;I nng Contact Person~ \,l.1>71 tJ 0 11'< e,..)G ~ Phone: l"t:ICLI 3 79 · ,'f 2-'5 ~
Billing Contact Address~ IQ b C :;::AJvT½ ~ es-:(> 'l ~ .3
City: ~ \ru;; ' State:O O Zip Code: <zs \l/5" O
Billing Contact Email: --\l)J'CA. ec.., 1 «.6t5 @ f3 fr\0-lA l. L-ON1
Printed Name of Person Authorized to Sign: _})_,.,,:::c....::I.A:....::.~-=---TL....:..f ..:...0:::....__,C.......::✓-=tl-=--=Gf'J=-=-...::........:~=-'-1-+ ______ _ ~ 7
~nat~ +71 •~,~/
92510109/05/201902:30:36 PM Page 1 of2
Jean Alberico, Garfield County, Colorado
Rec Fee: $18.00 Doc Fee: $11.25 eRecorded
WARRANTY DEED
THIS DEED, made on September 5, 2019
Between Everett C. Peck and Hanna C. Peck and DeLane Hutcheon and Rebecca S. Hutcheon, Trustees of the Hutcheon
Family Trust, dated the 21st day of March, 2014,
of the County of SALT LAKE, and State of UT, grantor, and
Dustin Cheney and Tara Cheney, as joint tenants
whose legal address is: 3360 County Road 233, Rifle, CO, 81650, of the County of Garfield and State of CO, grantee:
WITNESSETH, That the grantor for and in consideration of the sum of $112,500.00 DOLLARS, the receipt and sufficiency of
which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey
and confirm unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and
being in the County of Garfield and State of Colorado described as follows:
The South ½ of the SE¼ of SE¼ of Section 25 and the South ½ of the SW¼ of the SE¼ of Section 25, Township 7 South, Range
91 West, 6th P.M.
Subject to a non-exclusive easement 15 feet in width along the North and South boundary of said property for ingress and
egress for the benefit of other property of the party of the first part, and/or their heirs and assigns, devisees, or grantees.
as known by street and number as: TBD County Road 313 New Castle CO
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the
reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and
demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premises, with the hereditaments and
appurtenances.
TO HA VE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs
and assigns forever. And the Grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to
and with the Grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the
premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good
right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same
are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of
whatever kind or nature soever, except general taxes and assessments for the year 2019 and subsequent years; and "subject to statutory
exceptions" as defined in§ 38-30-l 13(5)(a), C.R.S.
The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable
possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part
thereof. The singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders.
925101 09/05/2019 02:30:36 PM Page 2 of 2
Jean Alberico, Garfield County, Colorado
Rec Fee: $18.00 Doc Fee: $11.25 eRecorded
IN Wfl'NESS WHEREOF the grantor has e~ecuted this deed on the __ '.3__ day of ~ch'JMh:0c
X ~
The Hutchcon FamilyTrus1, dated March 21. 20l4
·;( B{b_J}~bi/4,+ohlr'=--'
Delane Hutcheon, Trustee
STATEOF lJh<},
COUNTY OQtill: 1,:J{,
) ss.
}
x: -?i ~ ~
Hanna C. Peck
.• 2019.
The foregoing insmm1em was acknowledged before me on
C. Peck.
Sc~r '3 , 2019. by Everett C. Peck and Hanna
WITNESS my hand and official seal
' JOHN S WRIGHT f
Notary Public -State of Utah ~
Comm. No, 704649 ?
My Commission Expires or, ;
Feb 15, 2023 j
COUNTY OF 5-i,\ \-k\4.
)
) ss.
)
-¥~~ '' >-=?;c~-------
The foregoing instrument was acknowledged before me on .::;_,0lm. b.-,,.---i, · , 2019, by DeLane Hutcbeo11 a11<l
Rebecca S. Hutcheon, Trusrees of the Hutcheon Family Trnsl, d~
WITNESS my band.and official seal
Commonwealth File No. 1905002
Rorurnm:
Duslin Cheney 11nd "f ara Chem:)'
3360 Co111>1y Road 233
Rille CO 816S0
WRIGHT
-State of Ut
. 704649
on Expires on (
, 2023 t
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Warranty Deed -925101
E-Recording Info -------------------------------.
Tracking Number Submit Date Submitting Vendor
"**** 09/05/2019 02:21:34 PM **************
Failed Reason
Consideration Amount Mining Claims No Charge
$112,500.00
Reception Number
925101
Recording Date
09/05/2019 02:30:36 PM
#ofPgs
2
Rec. Fee
$18.00
Doc. Date Doc. Fee
09/05/2019 $11.25
Surcharge Total Fees
$1.00 $29.25
Related
Reception Number Book Page
Owner Seller
PECK, EVERETT C
PECK, HANNA C
Return Address ------------------~
COMMONWEALTH TITLE COMPANY OF GARFIELD COUNTY INC
Address I
127 E 5TH ST
Address2
C ity State Zip
RIFLE CO 81650
Mailback Date
Buyer Second Party
CHENEY, DUSTIN
CHENEY, TARA
HUTCHEON FAMILY TRUST
HUTCHEON, DELANE-TRUSTEE
HUTCHEON, REBECCA S-TRUSTEE
Notes or Remarks-------------------------------
Notes
Remarks
2/3/2021 Garfield County Land Explorer
Garfield County Land Explorer
Parcel Phys ical Address Owner Account Mailing Address Num
239730200955 Not available CARBONDALE BUREAU OF LAND R022028 2300 RIVER FRONTAGE ROAD SILT. CO 81652 MANAGEMENT
239925300103 8730 313 COUNT Y RD SI LT BARNES FAMILY CABIN, LLC R005992 924 CLUBHOUSE DR N EW CASTLE, CO 81647
239925300114 8730 313 COUNTY RD SI LT GORDON, TROY & FIELD , R040702 50497 US H IGHWAY 6 GLENWOOD SPRINGS,
MICHEL CO81601
239925400051 8800 313 COUNTY RD NEW WEAVER, ERNEST E & BONNI E L R023179 PO BOX 259NEWCASTLE,CO81647
CASTLE
239925400082 313 COUNTY RD NEW CHENEY, DUSTI N & TARA R023293 3360 COUNTY ROAD 233 RIFLE. CO 81650
CASTLE
239936100083 313 COUNTY RD NEW SH EROWSKI , PETERS & NANCY R023294 PO BOX 207 EDWARDS, CO 8 1632
CASTLE JO
239936200104 Not available SILT M ICHEL, TAMALA D & MUSICH, R005993 162 S SECOND COURT PARAC H UTE, CO 81635 JOELE
1/1
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owner CHENEY. DUSTIN & TARA
Physical Ad dress 313 COUNTY RD
NE W CAST LE 81647
Mailing Address 3 360 CO UNTY RO AD 233 RIFLE , CO
8 1650
Land A cres null
2020 Mill Levy 67.0920
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Parcel
239925400082
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Physical Address
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NEWCASTLE
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Owner
CH ENEY, DUSTI N
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239734 100037
Owner CHENEY, DUSTIN & TARA
Physica l Address 313 COUNTY RD
NEW CASTLE 8 1647
Mai ling Address 3360 COUNTY ROAD 233 RI FLE, CO
81650
Land Acres null
2020 Mill Levy 67.0920
2]9726'100902
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Garfield County
CERTIFICATION OF MINER AL OWNER RESEARCH
This form is to be completed and submitted wit h any application for a Land Use Chang e Pe mit.
Minera l interests may be severed from surface right interests in real property. C.R.S. § 24-65.5-01, et seq,
re q ui res not ifi ca t ion to mine ral owners w he n a landowner ap p lies for an applica t ion for develop ent from a
local government. As such, the landowner must researc h the current owners of mineral inter sts for the
property.
The Garfield Co unty Land Use and Development Code of 2013 ("LUDC") Section 4-lOl(E)(l)(b) 4) requires
w ritten notice to owners of minera l int erests in t he subject property in accordance with C.R.S. § 4-65.5-101,
et seq, "as such owners can be identified through the records i n the office of the Clerk and ecorder or
Assessor, or t hrough other mea ns." Th is form is proof of applica nt 's comp l iance with the Color do Revised
Statutes and the LUDC.
The undersigned applicant certifies that mineral owners have been researched for the subj ect property as
requ ired pursuant to C.R .S. § 24-65.5-101, e t s eq, and Section 4-101 (E}(l}(b)(4) of t he Garfield ounty Land
Use and Development Code, as amended. As a resu lt of that research, the undersigned applic nt ce rtifie s
the following (Please initial on the blank line next to the stat ement that accurately reflects he result of
research):
_ I own the entire mineral estate relative to the subject property; or
X-Minerals are owned by the parties listed below
The names and addresses of any and all mineral owners identified are provided below (attach add tional pages
as necessary):
ame of Mineral Owner
I acknowledge I revi ew e d C.R.S. § 24-65.5-101, e t seq, and I am in compliance with sa id statue a nd the
LUDC.
Dat e
0 qPublic.nefM Garfie ld County, CO
Summary
Account
Parcel
Property Address
Legal Description
Acres
LandSqFt
Tax Area
MIIIL.evy
Subdivision
Owner
R023293
239925400082
0313 COUNTYRD,NEWCA5TLE,CO 81647
Section: 25 Township: 7 Range: 91 S1/2S1/2SE
40
0
23
67.0920
CHENEY, DUSTIN & TARA
3360CO UNTY ROAD 233
RIFLE CO 81650
Land
Unit Type 35 AC TO UT 100 AC -0550 (VACANT LAND)
Square Feet 0
Actual Values
Assessed Year
Land Actual
Improvement Actual
Total Actual
Assessed Values
Assessed Year
Land Assessed
Improvement Assessed
Total Assessed
Tax History
Tax Year
Taxes Billed
2020
$1.945.68
2021
$85,000.00
$0.00
$85,000.00
2021
$24,650.00
$0.00
$24,650.00
2019
$1,831.84
20
$100,000.
$0.
$100,000.
$29,000.
20 8
$1,220. 6
2019
$100,000.00
$0.00
$100,000.00
2019
$29,000.00
$0.00
$29,000.00
2017
$1.091.96
Cilek here to view the tax informafon for this parcel on the Garfiel d County Treasurer's website.
Transfers
Reception Book -Sale
Sale Date Deed Type Number Page Price
9/5/2019 WARRANTY llilQ.1 $112,500
DEED
9/3/2019 STATEMENT OF 925100 $0
AUTHORITY
3/25/2019 EASEMENT illlli $0
7/30/2014 QUITCLAIM 852286 so
DEED
2/20/1978 QUITCLAI M ~ 0639-so
DEED 0668
2/20/1978 WARRANTY 347788 0639-$24,000
DEED 0667
10/5/1977 CERTIFICATE 281069 0501-$0
0426
11/14/1974 WARRANTY 265890 0468-$0
DEED 0001
No data available for the following modules: Buildings, Photos, Sketches.
Grantor
PECK, EVERETT C; HUTCHEON FAMILY
TRUST; ...
HUTCHEON, DELANE-TRUSTEE;
HUTCHEON, REBECCA S·TRUSTEE
HUTCHEON, DELANE-TRUSTEE;
HUTCH El ON, REBECCA 5-TRUSTEE;._
HUTCHEON. DELANE; HUTCH EON,
REBECCAS
Grantee
CHENEY. DUSTIN: CHE EV. TARA
HUTCHEON FAMI LY TR ST
RANDALL, JEFFREY M
HUTCHEON, DELANE REBECCA S TRUSTEES OF
THE HUTCH EON FAMI TRUST
n,e G~rheld County AssPsson Off,c" mak<?s every effor1 to produce th« mo~t accurate int<>mlation possibles. Now.irrAntie~. c~pressPd nr
implied are provided fort he data herein, il.s use or interpret-al on. DatJ is subject to constant rr,ange a11d it, acwrnc-y a11d completeness
cannot be guaraMeed.
User Privacv. Poli~
GDPR Pr ivacv. Notice
Last Data Upload: 6/19/2021.12:04:47 AM Version 2.3.127
Develop~d by
L • Schneider ~.JI' GEOS P ATIAl.
Reoorded at-!l.J./JL.o•clock.._!l, .. _. !.!. ~AN 3 1975
Reception lio. 265890 Ella Stephens. Recorder
WARRANTY DEED
BOOK 468 PAGE
THIS DEED, made this 14th day of November, 197._4, between
JAY J . TAYLOR, LAWRENCE C. TAYLOR, VERN H. PETERSEN and CHARLES J .
MOXLEY of Box Elder County, State of Utah, of the first part, and
RI FLE LAND & CATTLE, A PARTNERSHIP , 1J24 Beecher Avenue, Brigham City,
utah, County of Box Elder and State of Utah , of the second part :
WITNESSETH, that the said party of the first part, for and
in consideration of the eum of Ten Dollars and other good and valuable
considerations to the said parties of the first part in hand paid by the
said party of the second part, the receipt whereof is hereby confessed
and a:cknowledged , has granted, bargained, sold and conveyed, and by
these presents do grant, bargain, sell , convey and confirm , unto the
said party of the second part, their heirs and assigns forever, all the
f ollowing described lots or parcels of land, situate , lying and being
in the County of Garfield and State of Colorado, t o-wit:
Township 6 South, Range 92 West of the 6th P.M.
Section 'Z7 : SW:t,. except approximately 17 acres conveyed by document
No . 53155 and by Document No . 57472 of the Garfield
County records , and except also approximately 8 acres
conveyed by Document No . 57472 of the Garfield County
records.
Section 33 : E½ and SE¼Nwt-
Section 34 : wt and SEt
Section 35: SWiSW-t
Township 6 South1 Range 91 West of the 6th P.M.
Section 29 : N½sw-t, SW~t and NW'tSE"t
Section 34: SE-t, S½NE:t and SEiNWt
Section 35: s½ and s½N½
Section 36: swiswt
Township 7 South, Range 91 West of the 6th P.M.
Section 1
Section 2 :
Section 3 :
Section l J :
Secti on 11:
Section 12:
Section 13 :
Section l4:
Section 22:
Section 23 :
Section 24:
Section 25 :
Section 26:
Sect,i;,n '.36 ;
Lot 4 and SW~Wt
Lots 1 , 2, 3 and 4, and s½s½
Lots l , 2 and 3 , S½$Et and SE-iSWt
NE'i,NEt
E½, NWt and E½swt
wiW½
wiW½
Eifil;¼ and NEiNEJt
E~¼
N½ and NE,t5E¼
NW¼, N½swt, SE-;5W¼ and NWiNE¼ .
E~Wt, w½NE, N½sW¼, s½sEt and NW-¼sEt
NE$E't
N¼tiE¼
TOOETHER with all improvements thereon, and together with
all water , water rights , ditch rights, irrigation and reservoir r ights
appurtenant to or used in connection with the above described lands and
premises, including , but n ot by way of limitation , the following : the
Davis Ditch; the Davis Ditch No. l; the Davis Ditch No . 2 ; the Davis
.I.
BOOK 468 f~GE 2
'Waste Water Enl~gement; Ext,ension of tne Davis Ditch No. l; the Boulton
and Rees Ditch; the Talmadge and Gibson Ditch; the Cook .ind Llewellyn
Ditch; tlle llahn and Otten Ditch; l!lld the Otten Ditch No. l; .md including
fu,rther 6,9'Z/ snares of the capital stock of The New Multi Trina Ditch
Company, e.nd all water, cutch and reservo~r-rights represen~ed thereby.
Subject to all pri~r mineral reservations of record ; oil and gas
leases ; easements and rights Of way of both a public and private nature ;
big game hunting Ll.censes as appear of public record ; reservations and
exceptions conta:i.ned in Un:i.ted States Patents !ind to the liens of Deeds of
tr1,1st as follows: (1) 'l'ne Pruden.ti~ lns\lI'ance Comp8.J1y of Amer-;i.ca
recorded as Doc . No . 24Ov/3 in Book 392 at Page 57 and (2-) · Truitt Cattle
Co. recorded as Docµment No, 243401 in Book 401 at Page 580, the unpaid
principal bala,nce, togetner with all interest thereon , of the notes which
are secl,lI'ed thereby, the grantees berein ~ssume and agree to pay.
l'CGETHEft witb all and singµ).~ the hereditaments and appurtenants
thereto belonging , or in anywise apperta;i.ning, imd the reversion and revers~
ions rema:i,nder and remainders, rents, issues and profit:, thereof,. and all
· the estate , right, title , interest, claim and demand whatsoever of the said
parties of the first pa.rt, either in law or equity, of,_in_ and to the above
bargained premises , with the herecutaments and appurtenances.
TO HAVE AND TO HOLD the said pl'emise!l aJ;>ove bargained and des-
: cribed with t he appurlenances, unto the said party of the second part,
their heirs and assigns forever . And the said parties ot; the first part,
for themselves , their heirs, executors, a,nd administrators, do covenant,
grant, bargain, 'and agree to and with the said party of the second part,
its heirs and assigns, that at the 'time of the ensealing and delivery of
these presents, they were well seized of the premises above conveyed,
as of good , sure, perfect, absolute and indefeasible estate of inheritance,
in law, in fee s:l,.mpl~, and have good right, full power and lawful authority
to grant, bargain, sell and convey the same'in manner and fofm as aforesaid,
and that the same are free and clear from all former and other grants,
bargains, sales, liens , ta:ices , a ssessmerits and enc~brances of whatever
. kind or nature soever, &ubject to tSJ<;es for the year 1974 which the grantees
herein assume and -agree to pay, and the above bargained premises in the quiet
and peaceable possession of the ~aid party of the second part, its heirs
and assigns against all and every person or persons lawfully claiming or to
claim the whole or any part thereof, the said parties of the first part
shall and will Wi\RR.\NT AND FOREVER DEF,END.
IN WITNESS WHEREOF, 'the said parties of the first part have here-
unto set their hands and seals the day and year first above written.
~1-'Jh~.··
~ox£-, Marney in
fact , Lawrence C, Taylor
WRENCEc.TAYioR, indlcfuaiiy
~
-.
JA . J . TAYLOR, by his
Lawrence c. Taylor
;L
VE!& H. PET,ERSEN
14th day of November
official. seal at Brigham .City, Ut;ah
Comnrl,ssion expires 0 -------',,h"-'..:..:'---....,,,...,,d-;:;z:r-!!"~::::~--:1----
a t Brigham ---------------------------
iecorded e t ... 3 .~~······o • c 1 oc'. ..... f ...... !J. OCT 5 1977
Reception Iio ... -·-··g_§.):..Q2_~ Elle. Stephens. Recorder
IN THE DISTRICT COURT IN AND FOR THE
COUNTY OF GARFIELD AND STATE OF COLORADO
Civil Action No . 8550
THE TRAVELERS INSURANCE COMPANY, )
a Connecticut corporation, )
)
Plaintiff, )
)
vs. ) CERTIFICATE OF LEVY
)
RIFLE LAND & CATTLE, a )
partnership, et al I )
)
Defendants . )
I do hereby certify that by virtue of that certain
Judgment and Decree and an order of ·sale therein contained,
to me directed from the District Court in and for the County
of Garfield , State of Colorado, in favor of the plaintiff
herein and against the named defendants, I did on this
-~S_t=h~-day of October, A.D., 1977, levy upon ·certain real
estate situate in the County of~ -.rfield, State of Colorado,
described as follows:
In Township 6 South, Range 92 West of the 6th P.M .
Section 27:
Section 33:
Section 34:
Section 35:
SW¼ except those portions conveyed out by
Document Nos . 53155 and 57472
E½ and SE¼NW¼
W½ and SE¼
SW¼SW¼
In Township 6 South , Range 91 West of the 6th P .M.
Section 34:
Section 35:
Section 36:
SE¼, S½NE¼, SE¼NW¼
S½ and S½N½
SW¼SW¼
In Township 7 South, Range 91 West of the 6th P.M.
Section l:
Section 2:
Section 3:
Sec t:.ion 10,
Section 11:
Section 12:
Section 13:
Section 14:
Section 22 :
Section 23:
Section 24:
Section 25:
Section 26:
Section 36:
Lot 4 and SW¼SW¼
Lots 1, 2, 3, 4 and S½S½
Lots 1, 2, 3, S½SE¼ and SE¼SW¼
NEl.(NEJ..t
E½, NW¼ and E½SW¼
W½W½
W½W½
E½SE¼ and NE¼NE¼
E½NE¼
N½ and NE ¼SE¼
NW¼, N½SW¼, SE¼SW¼, NW¼NE¼
E½NW¼, W½NE¼, N½SW¼, S½SE¼, NW¼SE¼
NE¼SE¼
N½NE¼
WITNESS my hand and seal at Glenwood Springs, Colorado,
..... ,.
I ,
·. •.
-By ·· ----,------,------------'--c,...:-,,-'
• 1 ...
-2-
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llJiij~'.t}!~f ;?t·f ?:t 'fi.~?~!/'.(\t··•)t·····;:,.J: -:. 'l~t,it-4;:;:(\t 11~lf l~~; ~f ti
t f-~\';:::;/f;c~ivt;'d"f1:o'm '.. '.ie·sse ·_i~:: Hay:e's ;·'Dayid 'D .. '.Li'clifi~id; and .Don H.' Lu.rid . , . ·< ,!,' -.:-:.<:·~-~-_'.;'..'.\;"f:A
•,';~,'.• :• • .-:.~:·, ... :;-''-,::~.••_,-~• ~••• "t • I • • '-•
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--_'I
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:;,•-;;.;; ·.••. -. ;-.: Z.IP • Cqpe 84601 · .• ri'ome , Phooe''.277-2511 : . . . . pu'siness . P.hon·e467~94~9'' )'(;,~, .. ~
f?.j~i-::l f:~,/~~~~::~~~~;:Q~f:$_$.\s :;,;~~ ".· · -'i ~' _the fo;m of ~h~ck~~-_-:a~·-i~:r/)~i;~~~~;-\~f1~f::J
t~.,f?.:· :_:~f~_-(o'r:··~h ~ foll _ci.\;,,ipg ::desc i;ib~d -·real esta t e situate _in {he Coi.Jri(y of. Garf ie ld ; Siafo:-.o(''.'; '.)\.;:'I.'.f!
•, '40 A~r1,. P</:rce l -//3.2' mort; fully disc'ribed . in'
;_;·I • • ••\ •• • ~ •,
·., .. :·\"'=1-....
• ,•, • • /: ' I • • • ~ ~•
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f:i}J;1.,s~bj~c't 'to··an __ ·easei!ient 'fO · feet in ;·:i dth, ;,lon g ' lhe }ou ,·-bouncary ._lines of '·il,e ·;1,b'~-r.:t_,;'7i3
(:r6ii:l'/~-:::~~s~1 ·ibed prop~rt'i ;· f_or' purpos_es of ingnes~ and _egress_fo,: tbe -bef,ef it .,ci'f :P:i e ·,:?~:;i)'.~,)i/~J~::1
i:J.t_;::·t )f.;·J?~~?~(.\.Y o f~.,U'i'~ ,S <?Ll er: _<1_nc!/or• 11,i~ h:'irs., 9c,vi.se,0~.·-.;;;s i g!1s ,_or, 9,·ai,tci9s. ,' :rog~i)ie'tf ?J~i\);~/i
i1.Y,,Lc,~;.,2 'an ea,semg:nt _.qf _the .s ·ame ~-,idth, ove r. ·,:ind •a·c ·ross·:\he Seller:'s, h i s h eirs , d revi';foes;~-ai:;.s'i.cic1
t :::::1 :~"'g-'or 'g·r ·~ntees; ·tar.id~ ·a ·~ r.es·r::r,•ed,.for a lik~ pu'rpose of ingress· a.rid' eg~~si .-tb .. ·ti~e~:.':/;;f":;f;::# f I.i tf if ::f :~7;'t~; ~?~:::;:,., l ~~ ~;t:~:{'o oe mOCO:p•,u ,,,,,,, d,Sce :~•d:,i[t~ ;\ill
tJ::,~i;'.··.· __ ':fb.Q~t _her; with the oi 1.. g~s ~I'.'!? .. m icier .al r igh_ts _cu'r,:erit _ly owned .by the _: ?~IJ~r ,_'. ~0_qj_ ''.c;;(,f;-\;,c'.
t ;:'-,ir\,,i,to 't h .'? ot;,li,gali,<;>n s . of an_d -~encfil s lo be der;ived f r o,:n' that cer,ta in Un i ti·d ti on -Agr.~.<i. :,~~r~~-iJ
t!'.{?~~\:_,-: .. ~qtitl ~d .. Ga,:-f.iel~_ .. 11_. U _f'\i .t-/\r ea , G;irfi~ld Coun_ty,: ?S rn;:q,·ded i n Boo l_<; 505 Pf-9,f :. -83~\ -~~_;'.~)fiil
i:t\:} ,<··'r-e,cords ,o.f G_arf,ela ·Coun.t y, c\S the ,s?me. CTJa y e n cori,p~JS th E; p 1:o perty her~in --_tp ··q~: •:f:'~~1/,c-;'.~
111J)'. ;;",.~:•: :~:~,:tf :;::;~,~•::•ib•4 as all nil, gas and minml rig~is nO, ·, (i'.}ii l ll
fj;)<:;;;·{,_": ·0i:11e_; R_lJr~t'lq!i ers ~g,.,ee: .. ~o buy. arid the Se.lier-agrees • lo_' sell -th~ 'above "d.es·c:ri1?~'!.F. ;·· .;·~'•/l;i,J;f]
~if!:~i::-:,-y<··propei'ty u ·P,01'). th_e -fol l_o,ving .t_er~s and c q n d iti o ns -f~r the _:tot~I pu.rc h~~e,_~ri~_ti:,·,::·{_:'\.:_::/::itl,,}j Lf1:::':,:i:: •· _:-;;:or ,_$24·,'000 :oo . · ' , P?Yab _l e as_ fo l lows:_ _$ 6 . 000 . 00 : ., •her'.eby_ rec~•pted' .fqr, •( ;:1(:·_:''V&:-i,\)t,j
r t\1;tf~?>;~$·:· ·-:o;,,. ·. · . · . p~y~9le: by . cas hi er.'s· chec:1<-·or?cer~tfi~d , fur;i<;Js a t:·tin:l~ pf;:'c_l'9}Jr,i :tf',~:,ff?~
M:.•:'!i)-:,.•·· ;(each party agrees ,\o" pay tt,e ir 'ovin ,,c:ustqmary 'c losi'ng cos_ts:): -<T he ·b?ta)i_ce· d_.U:e:,;:-' .'.'·"rf.:~~~)
~:t~::-f:::/.// ~-h;,r-ti~' i-ef lecte'if by '.9 c.P:r.orrii'~~q ry note ·Se~.ured by· Deed ·:of -.Jrust ; ir'i_-~h~'a ij,-ci~n"t: '.::'t{{t,'.i'i~i
~\Y:'. . .'·:_·of ·$ •18,ooo":oci .' · , which ·shall bea·r ·interf!sl c1_t t h_f! .r-~t~ of' ~'t,·,p~r -_,ani\1:! _:};t-ftf?t
f -"t~':::.' .-:: -,-and : shall ',be' .. pay'able···i n " 120 equal in stal lments of $ .232 .•92 .. . per mo r:ith 'corriri)e,;ic. ng')i->!;•·fr/
~*'~-~?'<':;· .·.:,30\:fay~' f.ri;,in ·c1ate'·_;l'·saii:j •'~o_w_·. •.-The:· p~o,rni's~o.ry'_ n ote·;·,b~~9 -~f ·:r:r~~\ a'J 9 ·Wir,r~fC:JtJt¾
r.,'-f';-',·~':1·'·, "·.oeed -:shai'J>be 'deP.Qsited ··•into -e'scrow· with the · First Natio nal · Bank of· Gl e n'vi.ood ··.s ·pr n gf:#-t''ll
'.'1,'.,;J ,:~•,• , ..... , __ •' r ••• ,;, • .. • .. •• • •' ,•, .. '., • : •· •' • I:-,"': ' ' ' ....... :, •~ •:..,.•,.:.'-:.'j.'.•r'~~·-►••• ... ~ }{~:l:;--.··i· .. , ·_·P c1y,mej'll? on .. said···no_te sh_q ll _b e paid mon_t hly on .o r _befor;-.e .the J~t d aY,_ e>f·,.e.ic:,f-1 ' :./: ;;f,:JJ'&?'!, f J~'·Y/" _ _!.,: m'ontti ... into'.. an_ 'i nterest .be?r'.ing escrow c/CC OUr:l t ',9t : th~ firs,t Nc1 ti o ri al, Bc1n\<,1 C>f ,G le h1Y, 99\•?.,:,;,b
f ,r,~f'f:;,.,<·:: : ~P.:\r:i9·s0,' _· Y,,no ' ~~-~1\ ;_s~r.y e a.s .~·sc r ~~ .cJ9e,_nt: wh~~ _tl:i e , to~ai' o f trie . r'non_t~l_i°·;p.~yiii't~~~ .\tf~{ii
t ;;Sr<-: .•: pl u s ~c~umulated;;-in ~_ef'.°est equa ls $8, ooo :qq, tlie ·escr o.~ '_ag~nt ·.s _ha l l · P?Y : t_ha~---,:i~oLJ 't..'.fl'.}t~-:fi r t::.:~:.-·;-<:".· to_ .C_plor;adp.-\V~st "Titl~ Company, for rel_eas~ of th!!_ p_rope r:t y. fr,om · )h~' Tr:9\(e l_e'r:;s, ?,.i /•:::~-7::J
~\t~';''.-::i:;f.'•_:'-'· r.n g·rtgage·, at;'\vhi i li: 'tir:ne . th·e f;c,:-.ow · ~gent shal I ·;-~1·eas ii · the \'lafranty, o ·~ed···.to,' __ p_i,ir : i5~:ie'f s'~¾ t .t~J:-? > '<_a :nd th'E; _proni i-~s i;,ry n_q t~ a6d DE,ed :or Tr.List sh,:ii t be·:d i ifpo·sed '9..f'by e 'sqrgy;/,._ag'.~~:t ! ·.·.:•;:}ti'.{~}! t=L:f\: i.·:cl.~_'.c;Ji r '.e~~~~-':~Y: S~'l le r :_· .. -; {''(1 J~r:_t fie,r ,. paym en}S ; ~l'i~l I. .1?_e _ ':1~9e "~_s ·fl ._i ,:~~-t~:d _··~YF~-\T~t t;~}Ui t:f, [;~ ~<1! _-.: ,',t t,e_. ~ote· r ~ pa1,_d ,. H J ' .fu l I,_' a~. vyhicJ:i · t,me a · rE,leas~ _o_f deed of. ;~_r.;u.~l _vir,I t b ,E;. p ,:9.y ,_d,~<;1: ,;:~,.~:-,~~~}
ili1!01:frN~i~0 -~~,~;~~~~~:~~
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~-,_,;;,,·.>••;\:-,P,u"r chasers sbal l .·have .the 'right. of pre~payment of any amount al .an'y, tirne :w ithou -:,·::,,7:':,_:i':i f ;i;~•\t···_-_-; ·:'pe~'3°tty:' ·. '!;ai"cf.r.f na;;cia·i· ;;;.r·angciments · in'cluding , e s croV:, ··ac~oli
1
nt ·:sh~·11. ·~f a~·s [;;.;:/at>(r,::-:-., . ,.
~":,f7-",:;t.:o;.;.~•~-•T• ,'"''~~•.:.~•• ••:• . .-::• ••''• ..,•,•-. j • ! •' •• •-,', • ••.,~• ••,• ,••:. • ~-••: <"-.;.,:..•• ,~~.::.;~;,.-:z;':•~-..,-~:;! 1~:! w.:,:/ ;,,,;,;.•-, .. : ~· th9.1;!h'P.r~~9 r \ w.r.1 t t~.i:i ·c ~ns.e nt. of .tJ:i~ f!'\_Ortg\!Q e~ .. .-,:-" . . :· :·, . . . ' ';-,'••. : :.:,;' :-,: :.__,.:,. -,._,) ~:;;1 I }!~f i:t:1f J'.iit;;f ::+;jr,:,i:t; <.::/::: ·:,;'.:::;;;)/. .~. :,i:r:,I;;f l~!$ :~Il!J
The Purchuser (s) a,·e aw.;re from the i n formation supplied to them in t h e Stat -ment
of l nfo1·m2tion they have received, that there currently exist encumb,·ances ag inst
l he land they cJre purchasing.. The Purch aser (s) fu1·t11er unde,·stand thal the Seller
w2,1·rants that al l of the installment paym<':nts subsequent to the dov,·n payment shal I
be paid to the r=i,·st N2tional Bank of Glenwood Sp,·inos. Colo,·ado unti I said i ,stall-
ment payme:nts lotal un amount sufficient to r elease said land from the ex is tin
mo,·tgage held by T1·avelc1·s Insu r ance Com pany. After payment of the amoun
suffic ient to r elease said pro p erty from the mo,·tgage, all subsequen t payment made
by Pu,·chaser (s) under t h is cont,·act shall be ,·e leased by the F i rst Nationa l 8 nk
of Glenwood Spr i ngs as directed by Seller. Upon payment by Pur·chaser (s) f the
entire ar.,ount of principal and earned i nter,:)st under this cont,·act, the esc ,·o
;;igcnt sha ll deliver t he Release of Deed of Trust to Purchaser (s).
A t i tle i n su rance policy ;::s evide:nced by a t itle cornmitrnent in an ;,mount equa to the
purchase pri c e of the proper·ty shal I be furni shed at the Seller's expense to P rchuser (s)
on or b~fore 30 June 1 9 _fil} The closing dc:?te of this agreement shal I e
December 31, , 1979.
Genera l prope r t)' lc?>:cs fo r the current yc::ir (b.:!sed upon a per acre prorution of prior
year's t2>:es) shal l be o:pportion,:,d to date of clos i ng, Se l ler's portion at clos ng date
shall be ci-edited to Pur·chaser (s). Pur·c h <Jser (s ) shall puy and kee·p cu ,·rent property
ta>:es ior t he year o f closing and all subseque:nt years.
1/\\'e do _________ /do not XXX intend to make the above ccscribed p1· pe:rty
a principal re side:nce.
Th i s agreement shall be binding upon and i nure to the benefit of the heirs, uccessors
and ass igns of said parties, The Seller may ut any time assign the rights a d benefits
under said p r omissory note und this contract a l any lime as he sees fit, sub·ect to payn-,-::
into e::scrow of installment paym::nls as set forth h e 1·E::ir.above . The terms an conditions
of t his contr·act shal l survive closing.
Time is of the essence h ereof, and if any payment or any other condition he r eof is
-not made:, tendered or performed by Purcha se r (s) as herein pr·ovided, then his contract
shall be vo id and of no effect, and both parties he re to released from all obli ation:
hereunder, and al l payments made hereon shall be retained by tl,e Seller as l iquidated
dar..ages and the documents he ld by the First t~ational Bank of Glenwood Spr ngs shal I
be released und delivered to t he Selle r .
Purchasers, by the ir signature be low , cickncw l edge rec e ipt of a copy of the r otective
Covenants of Rifle Ranch Estates, und a copy of the pr·oposr:=d Articles of Inc rporat ion
a n d By-Laws of the Rifle Ranch E states Homeowners Associatio n , and unde r s and that
by v i r tu e of the purchase of t his said p r oper ty, they are ob l igated to bcome a
member of sai d Homeowners Associa ti on and ab ide by the said Protective Co enants.
Additiona l Provisions:
t t::;:·;}d?~{'ii\>·c'q_i\d,i ti ohs · of,:. __ Hi.is · tr.~)2~~cl.i_o _ri _.bety1e~n /th~·-: P.a,'._l i~s ,: an_d _'Jl:i~y,:·a·nd · ei,:c 11:;e>(.-thcih,-,?' ·r.1 ~~~b~·t;,.:1
t ;,~.t/~r·>.t ·,. nee; cs ?a ~-y ;,t:o: -:.oetc::rm1)1e--:tn at--tnE:! .: pr.opc;r t;,y" .1.;; . in -a cor,cJ ti on: s ,a -t ,i s fa c'.t _o z:;~i_''.;,~
t{}iY~(l')''::--?~}i(!:ti<ir ',,tJ;itf ·:-~h·<?.,:·.p_ur-,~0.fsq,~-~ 'h~\(f '· .!?ot .:~er ~o. not ,'rely , ~ii. ']}:~~,Ii~ ii'_:·\i'~~-l~~x~
.,a!li:i '.:9!i\:t.t.l~~~•)q(!X}(~'(:lt(~XXXX..~~UJ· v11 .tn .rer:r,,te,n e '.,f:,".•,.:.:::,·1
ii~],(!;;1_:1,:,;n~•:,E:rt{t~:~·~·'•. I{tf!
0 ~1;~t:· ~~c.~I t~f '.· .. £ho ~•, .··~· t , ''::};~;~if i
f\j~J/t)'..\ .7:i:'h~ ~ Pci/~h-aser ' ber'.eby agre:es' 'Iha ( .the 'ear ~est deposit ;1,~1 , ··be . ncin -1 .. efurid~t:,i {\y);~~'fd\f.t)~
1:·•~--::5"·p,::_.:.·:·.''•.·"'' ·.--.:· ... ~ :;,,: .... ··. ,.: ... · •. • ... ~. -,· '• ..... • . • ' ~-.-. ,;. ' . '· • -.. , · .. ·" ',": +:', ·,·r).:i';.·~rr.·:-,1 ::;
:r:;:";:,;,;':'J.,,. :'!' foi" any r e ason .·the pur'chase:r . not · f)'erfc,cm ·els the· te:,·ms. are. stated .•in the het,ein;,_t:;,,;:i:::<.,·t'ffi ~ri:~~t~~~,(,,t < -:. : : ·,::: : .. -· ·_ . ,:: -· · ·_ <:";}~i~f I
~-:::-.~;./:;':_-,.· ·,t thi'.s propos~i' is accepted by , the se l le:r: ir) w,'ipng OQ or bcfpre... . .· .. ; . .':).:~,::i'.;';,),!'i-:':;_ ~~,ttitI:·--~,' lhi s i nstr:urne~t . ~ha l L bf.come a :·cor,itract b~tween ~~.I !er ·an~f pu i-cha~!=!r . a~~ .. sh~_ 1\(h'9}~t:;~
i~d:;_.: .. ; ·_:_ ·.::;•.'to ).b~enefi t of t~pei rs, .. successdr:s (aFitj·-a-!;.t,igr,1s of ~uch parties ::-~ · ·:: •.:" · . ·,<· ·::~--~.'i'c,'•~ ~~~~~~fE;iC --)A?e">-~2~~' . · .. ·• .,_ ·~~~~~·:kl _:·_· L~ .. ,•·"'.·~J·>~~~~<;\~t~1]
•.• .. _,.,, {~·:i(,((Purc ,aser .. ,/ A ·· .. ~~*~ ,Pµrch~se_r .• .. . . :,: .. , -·:·,,.-,.,,;~•·-'•" ~~lt1;f ,~~.,,, ~-. . : . . . . . ~, · . ·_ -··· · · ... /}!~~ll
~t:•l,;f:(\:···:::_··;.·:.c..::,5 ales conim i ssi.o,n ·.in •l he·:·am.ol/n.t o( _ o . -~ or the ·to'tal s_'al~s pr·i·c:e be · pa,d_',tiY; • .' ,,.,,.s;:·:,.,'.;'~J
t,.,;,',•:f•.',••.••••,..f• · '•,:. -~ • · ' • • •· , ' •.' • • •• • • ---I \ ,J '• • .• ••.'t ·• ' ••~o; ,~ ;r • .. ,:..,:•·;1,'J•"'••·'._,._:;,",) h?i .. '.>.:·~:":>.'. (Sel I er to ; the · belo\v · named ·r·ea ! estate broker. ., ,~--~ ·,c:,~_,.:;:~.:·\,f,s ttf 1~~/~-~. , ., .... : , :.-'. _ .' _: ':Y.I~~i!I
;:,s, ··.,:-'.h: . .:' s'.·'-'RJ:FLE LAND 'ANfi · el\T~PARTNERSHI-P ··· ~ . ;_ .. _.. . ,··\, ·. ,,; .,;.,.,· r;\:c.:;_,;
;,'• .
.. ,·: ,;:·'·.
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: ~.. ··:· . .~. . . : .
Pa rtn~r :
, ·,•.
·\ . ,.
f<:~ !;·.>.:~ , ..... _ -'
1 •••.
. · .. ";,, '.' . ' : ... ·:, ._ '
•',I • 4 •,• "?. ·:·•·.',.
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·..... ~/·
·.j'
C:Solar·-Country
P.O. U<,, 1 GJ IJUJI (PG 222~
PARCEL No. 32
A parcel of land being the ht½S½SE¼ of Section 25 , Township
of the Sixth Princ i pal Meridian, Garfield County , Colorado
described as follows:
r: r:: r.· 268.., .. : 'X ,), ) .. ) PtG E
91 West
y
Beginning at the Southeast corner of said N½S½SE¾: whence the Southeast Section
Corner of said Section 25 bears: s.oo0 22 '24"E , 663 .29 feet; thence S. 9°56 '57"W ,
2636 ,78 feet to a point on the North-South Centerline of said Section 25;
thence N.oo 0 35'43"W. 665 .85 feet along said Centerline Section 25; the ce
S ,89°59'45"E. 2639 ,37 feet to a point on the Easterly line of Slid Secti n 25;
thence s.oo0 22'24"E. along said Easterly line, 663.29 feet to the point of
beginning , containing 40 ,25 acr es , more or l ess ,
Subject to Co unty Road No, 313 , and a 20 foot utility and road easement long
said boundary lines.
August 13, 1979
SOLAR COUlITRY
P .O. Box 163
Silt, CO . 81652
Recorded at
R~ception
T HIS DEED, Mode this 30th da y or September
betweenJesse W. Hays, ravicl D. Lichfield and
ron H. wnd
of the County or Salt lake
. 1!81 ,
:rnd sr.:i.te of
Utah
ship
.,, of the first part. and Rifle Land and Cattle, a Partner-
whose le gal address is P .O. Box,543, Silt, Colorado 81652
of the County ofGa.rfield and state of
Colorado, o(the secnnd p.lrt.
RECORDER'S STAMP
J GARi'IElD UL l 5 1~82
State Doc. Fee
WITNESSETH, Thnl the said pnrt of the first pa.rt. for nnd in C!'lnsideration of the sum of
***************************************** Ten************************ DOLLARS,
to the s-nid pa:rties>f the first pilrl in hand pnicl b}• the saic.l pnrty of the second pnrt, the receipt whereof
is herel,y confessed and ncknowledged, h1te remised, re leased, sold, conveyed and QUIT CLAIMED, a nd by these
presenlsdo remise, release, sell,convey and QUIT CLAJM unto the said party of the second parL,itS heirs,
successors and assigns, forever. all the right, t i tle, i nterest, claim :ind demand which the said part of the fi rst pa.rt
have in nnd to the roll owing described lot or p:lr~el of lnn<l s'itunte, lyin g nnd being in the County
of Garfield and State ofColorodo . to wit, All of their rights, ·t .!:tle and interest in
and to the properties set forth in Contract to J::l:ed dated 31 Cecember 1979 and
·re~orded 5 September 1980, Book 555, 9age 265, cloclllrent No . 307189, Garfield
County , Colorado. A 40 acre tract, P"4·cel 32, more fully described as the
N½S½SE¼ Section 25, T.S. 7 South, Ran6 e 91 West 6th P.~!.
also known ns street nnd number
TO HAVB AND TO HOLD the ~amc, together with nil and singular the nppurtennnccs and privileges thereunto
belon.,dng or in nnywise thercuntc., appertaining, and nll the c stnte, right, title, interesL and claim whntsoevcr, of the
snid part of the first part, either in lnw o r equity, to the only proper 1J St!, benefit ancl be hoof of the snicl irnrt of
the second part, hei rs nn<l assigns forever.
IN WITNE SS WHEREOF. The said part of the first p.
nnd sea: the day nnd year first above written.
Signed, Senled and Delivered in the Presence of
UTAH
STA1'E OF)l:!-11{0:JK<W}{U
Lak
l ...
Countyof Salt J
The foregoing instrument was nckn o wlcc.lgcd before me this cJ-q cl, day of ;;i.Lp:t:J--r,t l:i..e__,._,
rnSl,by" JJ.esse w. Hays, David D. Lichfield and Don H. Lund
.,,.., 85 .-~~~:~~~~~j:' ,;;,,,, d t..rrl..JL I,,...., 1, 19 . Witness my hnnd nnd officio I sen I. .,· l , •~~
1
. ,, ••, ..
0 1,./u, ult,~ r;>: ]b, , 2:
~~~.........,,_,.='-"'~==----~~· \1<.,.,,;..,.~·,11· ::i.:
~t·;--.'.:_~:~i: ij' . ,:•, /
. ':·•·:·:·:-1Mf •
My commission expires
L __ _
N'o. 933. <}UITCL.\IM l)f.£0.-Cop)·righl €)l!17FI OrnJfortl l'ubh.-hiniC Co., IH2,&--a6 Stl'lut Strt!i:t, Oenvt"r. Color a..do t~73-SOIII-6 -79
.... ··:
R.~orded at.:./0.dJ?7s9ock .. ./f ..... M., ...... : ...... ~9.Y. .. ?.9. ... !.~.~l ........................... .
Re~~tlon No......................................... .~•·--~ :1-trlecorder.
BOOK 639 . PAGE 66
r.ins DEED; Made this . ·, .• .. dny ol
bct;w~n RIFLE LAND & CATTLE., •a .Utah partrie3:.ship ,,
-:'~(·
ot ·ti,~· t h Countyot Box Elder . and sta~ of
:CIA~, Jhnc first part, and EVERE'IT C . PEX:K and HANNA . W. PECK,
38 Hollywood Ave, Salt Lake City, UT and DeL.l\NE HUTCHE<N
and REBECCA s.
1
~1 tyall as tenants in carrron; .847
of tnflIB 5t' Sa .Le;~ ot" ~ '\JI' . and stat<, of .
~ o! the second part, · ·
WITNESSETH, That the snid part of the first part, for and in consideration of the m or° ·
·noLLARS,. TEN At-ID N0/100---------------~-------~----------~-' ..
to the snld party of the first part in band pnid by tbc said parties of the second part; the receipt whereof .
is herebr confessed and aclmowledged, hn s re!'Jlised, released, sold, conveyed and QUIT CLAIMED; nnd by
these presents does remise, release, sell, convey and QUIT CLAIM unto the said part ies of the s econd part,.
their · heirs, successors and assigns, forever, nll tbe rigbt, title, interest, ·c.1nitn and demand which the said
· party of the first pnrt ha. s ·in and. to the following described · lot or parcel of •land situate,• lying nnd
being iri the ·county of Gar.field· and State of Colorado, to wit: . · , ..
All oil , gas and
Rart a~purten~~t
mine.ral •right? owned by party of the first
to th~ following ·aesc.ribed real property:
. ~ : . ·. . ' . : ~ . . . . . '
NE¼·of •SE¼· pf
·6th .··P.M·_-·
Section 14,.Toi-mship .. 7 South; Range .9 ·1 ·west,
. ' . . ..
To.gether ·with . all water' a'nd . ·aitch. rights\ · .if ariy:, owned by
party· .. of .the first .part ·.-appurtenant to.' th.e ',f(?llowin.g described
rea·1 pr.1,>perty :
The · So)lt:~i. ½ :of. the ·SE¼ 9f SF::¼ ·of Section: 25 . and ·,the ·south :½·.
of t;he.-.S,W¼ .of:. the SF::¼ of"•:•sect ;i.on 25, .Township· 7 ·s .o\it.t,, Rang.e
· 9.1 ·We .st,·: 6t~ P .·M . a total· .of ' 40 :a ·cres more or · l e ss .
. '·: ' .
. TO HA VE AND TO HOLD the same, together with nil and singular the appurfcnanc~s and privil1~gcs thereunto·
· belonging ·or in anywise thereunto appertaining, and all the estate, right, title, interest nnd clnirn whatsoever, of the.
said pm y . of the first part, either in Jaw or equity, to the only· prope~ use, benefit and behoof of tl1e· said ,
part ies of the second part, the ir heirs and nssignsiorever.
~N WITNESS WHEREOF, The snid party of the first part ha S .. hereunto· set its hand
and seal the day and ycnr first above wri::. ... ~!:.:.&:.~t~~~ ... ·.a····~~.i =:~ · ..
Signed, Scaled nnd Delivered in the Presence of _. .Vern H • · Peter,:z-n;··· par.tner . . _. ·· .: ·.
. . : ....•......• · ........... _ ......•.• · ••..•... r ••..•. : ........ ."' ·.: ... '· .•...••• ~$~·AL]
··••···························································································
······································································•······················•
STATE OF COLORADO;
.county of ·
..... · .... · ............................ · .................................... .
........... .' ........... · ........... _.· .. · .......... · ............ : ." .. ··· ..... ."'.· .t,~~Ai:J .
The foregoing instrument wils aclmowl;dged before me this . .20th. _. ·:day .of . ·F.ebr~it ry-
197 8 ,by• ve·rn H•:· Petersen·, partner of Rifle ··Land & .Ca ttl~._. -:. ·.· .. . . . .. ~. . .. . .
• • '. • ' • ·: •• -.• •• • ( :.~':' • • ,-• .. • ·: ♦ • • •'
No. 9313: QU ST CLA.l M DEED.-Bradrord. Pub111hin11 Co., ·1824-4.G _Stout Street. peri.!tr. ~lo!'9J.o --1-7 7
..
•,·•
.....
·.·· ·.
' ;.'
·.•··
·::::·•.{: .--·-..
FILING STAMP
l'BIS .DEED; Made this . day of
19 7.8 , between RIFLE LAND & CATTLE,· ·:a
Utah parti:iership,.
County of Boy; E°Ider .· and.State of of the
Utah
X~MM-::.:16 of th eJirst p art qp d. EVERET!' C .'· PECK and HANNA C. PEX:K.,__ · ·· ..•
38 Hol.1'.ywooa Ave.,' ba),t Lake·c:ity,·ur and DeLAt~ HUI'CHF1~: . ·. ,. •
JPECC?\. s. ~ntyaJrl as tenants ll\n~J~l~~'.se~~~\a\1?<~ ·~~ty , yr.
WIT.NESSETH, Thnt the said party of the fir st part, ior and in consideration o.t'tl:e sum o! ·.
TEN AND N0/100-------------. -------------------------------DOLLARS,;
to the said party of the first pnrl in hand paid by the s aid party of the second part, the receipt whereof is liereb/,
confessed nnd acknowledged, has granted,.bnrgained, sold and conveyed, and by these presents does g ;anti ba~gnin,'·:
sell, convey and confirm, unto the said party of the second part, his heirs and
0
nssigns forever, all ~h C .. ~o~1_~:-V.!~~ \
described.lot or parcel of land; situate, lyin g and being in t he ·
County of Garf ield ~nd State of Color ado, to-wit:
The so{ith ½ of the s'E¼ of SE¼ of Section 25 arid the . South. ,J.,·.. ·r
,_;;f the SW½; of the SE¼ of Sec.tion .. zs.,: Town·ship.,7 Soutj'l',· Range _·
··91 West, :·6th P .M . a .··tota1 o f · ·40·. acres .mo,'-ce , or less ,·. ,. ·. · ,.,.
;• • • • • ·, I .•· • •, ', • • • ' • ••• >••.••, •• .. , ~~-.-:~::'.:=-:·:.: , ·:; •·••. "•• • • ' ._;-_ • ·. '•:·• :.
Subj ~ct t9 a r on-·exclusi v.e ··.e.asement./:· 15 feet ~n .w:j.dth •alc:iJ:g:: · ..
the .North an.d South· bo.unda:i,y qf: s .~;:i'.d. pro.pe.rty···.fo.r· "i_ngress,.:. · ... ··::· .. ··.:
and .e':!re.~s · J9r. ·th:~ •benef i:t .. of o~nir pr12pe,rry of. •.the!. pa~-:t;{ or:<.-,:::,.
the first part , .. anq./or . their ... hei?:'~ ·and : assign s, ·devis.ee.s, .or-.J . · .-.. :.
g r .~n~e~s . · · .-.· · ·. , . · · .·.'· · · · · · .''.:· .. >.•:: ... :· i,, .. ,,,
' . . . ·., ·:..: ... '
f!j;).,J/ •• -.,1 .
:r;~·
TOGETHER with nll a nd .singular the hereditaments' and appurtenances·· thereto ·belonging, or · in an}"v.ise·
. apper~inini, and the reversion and revers io ns, remai;i,de~ and r
0
cmaitldei-s," Tents,. issues and profits th~rcor~. an·d :'an . ;·.,,
·t he · est'atc; ·right; title; interest, claim and demand ·:V hatsoever of the said party of · lhc. ·first .par t, ··~ither · i~ ·ln\v
or equity, of,:in and to the· 3bove bargaifled premises, with thC! hereditarnents ancJ appurtenance_s. . · _.-~--·~.
·To l·L\ VE AN)? TO HOLri the said premises above bargained and described, iv i th the app.urtenances:. u~to ·ttic.
' '.
said party of the second pa.rt, his heirs'"a nd assigns forever. And the said ph rty'of the-first pa.rt, for himself, hi s·he{r·S, _ · .'1 .
execut~rs , and administrators, does covenant, grant, bargain, and ~gree to and w!th.'thc ~u icl pa:rty 'of i he '~eco11d -~a.-rt, ·~
his heirs ond assigns, that'at the time oi the ensenling :ind delivery Of these pr84-ent.s, heis well seized of the·prem!set :,
above conveyed: as of good, sur~. perfec't, · absolu te nnd ind efeasible estat~ of' inheritance, in law, i n fee si~ple, and ,
has good right, !ull power and lawful authority lo grant, b~ri;ain, sell and ~onvey· the ·same in manner and form· as
_aforesaid, nncl that the same arc !rec ani clear from all former and other jrrants; ba rgains, ·s a \~s, Hens, t~xes,;
assessments and encuntbrance~ o f whntcver•kind or nature soever, e~ce}?t coveri ahts , !i ..
conditions and restriction s of r ecord, .easements and · ·r ights:..:'
of-way f or utilities, roads and .d .itches,.anq the effect o.f .
inc l usion in any special districts inc luding water, di½ch,
road or other districts, ·
and the above bargained premises in the quiet.· nnd peaceable possession o f th e so.id party of th e second part, his heir;
··.11nd assigns against all and every person or persons lnwiuBy claiming or to claim the whole or .onS, p!l-rt th CreOr. the
faid party o! the firs t pnrt shall and will WARRANT AND FOREVER DEFEND. The sin;:u lar number shall include
the i,iural, the plural the s ingular, and the use of any gender shall be applicable to all g~nders. · . ·: · .
IN . WITNESS· WHEREOF, the said party of t he first ;:~1·i;,has hereunto set h is hand ~nd seal the day a nd .year
f irst nbove written . . --;·.:. ·. :,: _:, ' -jB '~~~H~~;r~:::~r·
.................................................................... : .... [SEAL] I ·
STATE OF COLORADO )'
'
··Th~ forei;oing instr~ment was. acknowledged befor e me this
•. '1. -~-' ., • • • • • ' • •
20th day of F~b rua ry :
Peter~en .as .. paitner .of Rifle Land & Cattl e .
Jan 3 -· ·, 19 8 \~itnes; y hnnd and ~ff,ciinl ~en!. ·~?? ......... ··~/e...;.· · ............... ·. ·:·' ~ , . • • pf-...••·,.: , · Notbry Public ·
. ·. ' . -: . . ·. . .•. ' ' . . . ,-.. ~~~:. . . ·.
·~; . ; ,., ....... ~,-. "'.) ..... . . .. ' .. ,' . , ..
No.:,p~2A. W,AR~t~n· D~E0°. ·-Fo r .Pholoirraphic Rccord . ...:o rod (onl P'!bli,hin'° Co . ." 1824••~· Stoui SlrNt, Denver. Colo~d.., •--1·1~
• ",' '•'Ill \l\ ', ' • " • • •,• 1 • • •
llll rJJr,l~1,,r'-UM~ tM•',~Wl.ll!Hwt•r.~l~'1H~•11l,~iyJ, II Ill
Reception": 852286
08/07/2014 11 :45 : 17 AM Jean Alberico
1 of 2 Rec Fee ,S16 .0O Doc Fee :0 ,00 GARF I ELD COUNTY CO
Grantees' Mailing Address:
DeLANE HUTCHEON
13475 Fort St.
Draper, Utah 84020
QUIT-CLAIM DEED
For the sum of TEN DOLLARS ($10. 00) and other good and
valuable consideration, DeLANE HUTCHEON and REBECCA S. HUT EON,
husband and wife, granters, of Draper, Salt Lake County, Sta e of
Utah, hereby QUIT-CLAIM to De LANE HUTCHEON and REBECCA S. HOTC
Trustees of the HUTC~EON FAMILY TRUST, dated the 21st day of M rch,
2014, of Draper, Salt Lake County, State of Utah, grantees, the
following described tract of land in Garfield County, Stat of
Colorado:
WITNESS the
Tu\ v\ , 2014: r
STATE OF UTAH
(SEE ATTACHED SCHEDULE "A")
l.
hand of said granters,: this
DeLANE HUTCHEON
:ss.
COUNTY OF SALT LAKE)
da
~ .
On the bot_ day of 0!~ , 2014, personally app
before me, DeLANE HUTCHEON and REBCCA S. HUTCHEON, the sign
the within instrument, who duly acknowledged to me that
executed the same. ~ .
1
M R LOVERIDGE
NCJTARYPIJBUC-STATEOFUTAM NOTARY PUB
My Comm. El!p. 09/26/2017
Commission # 670257
of
\
' i
SCHEDULE "A"
The following real properties located in Garfield Cou ty,
State of Colorado :
A. An undivided one-half 1 2 interest in and to the
B .
(Deed #639, page 667, dated November 30, 1983.)
THE SOUTH 1/2 OF THE SEl/4 OF THE SEl/4 OF SECTION 25
.SOUTH 1/2 OF THE SWl/4 OF THE SEl/4 OF SECTION 25, TOWNS IP 7
SOUTH, RANGE 91 WEST, 5Tu P .M. A TOTAL OF 40 ACRES MOR OR
LESS.
SUBJECT TO A NON-EXCLUSIVE EASEMENT , 15 FEET IN WIDTH
THE NORTH AND SOUTH BOUNDARY OF SAID PROPERTY FOR INGRES
EGRESS.
SUBJECT TO COVENANTS, CONDITIONS,
EASEMENTS AND RIGHTS OF WAY FOR UTILITIES, ROADS AND DIT
AND THE EFFECT OF INCLUSION IN ANY SPECIAL DISTRICTS INCL
WATER, DITCH, ROAD OR OTHER DISTRICTS.
TAX ID NO.: R023293
An undivided one-half 1 2 interest in
and mineral ri hts in and to the followin
(Deed #639, page 668, dated November 30, 1983.)
NEl/4 OF SEl/4 OF SECTION 14, TOWNSHIP 7 SOUTH, R.llliGE
5TII P.M.
TOGETHER WITH ALL WATER AND DITCH RIGHTS,
TO THE FOLLOWING DESCRIBED REAL PROPERTY:
THE SOUTH 1/2 OF THE SEl/4 OF THE SEl/4 OF SECTION 25
as
SOUTH 1/2 OF THE SWl/4 OF THE SEl/4 OF SECTION 25, TOWN HIP 7
SOUTH, RANGE 91 WEST, 6™ P.M. A TOTAL OF 40 ACRES MOE OR
LESS.
--______ __,_ _________ _
Dustin Cheney
Tara Cheney
3360 County Road 233
Rifle, CO 81650
Cheney Road Split Exemption
Tax Parcel Number: 2399‐254‐00‐082
County Road 313
Article 7
7‐101. ZONE DISTRICT USE REGULATIONS
The land use change shall comply with Article 3 zoning, including any applicable zone district use restrictions and
regulations.
7‐102. COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS
The land use change is in general conformance with the Garfield County Comprehensive Plan and complies with any
applicable intergovernmental agreement.
7‐103. COMPATIBILITY
The nature, scale and intensity of the proposed use are compatible with adjacent land use.
7‐104. SOURCE OF WATER
A proposed well will be drilled on each lot contingent on approval of the Road Split Exemption. We have completed
section 4‐203 requestion a Waiver of Submission Requirements until after approval.
7‐105. CENTAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS
There is no municipal sewer service to the subject site. Each lot will be served with a future onsite wastewater
treatment system (OWTS) as is detailed below.
Lot 1: Development on Lot 1 will be served by an OWTS and a detailed design will be provided in support of any
future building permit application. We have attached a letter stating acceptable conditions for future development.
Lot 2: Development on Lot 2 will be served by CBO Septic Consulting.
CBO Septic Consulting Inc has investigated and found acceptable Onsite Wastewater Treatment Systems conditions for
fut6ure development for both Lots.
7‐106. PUBLIC UTILITIES
Both lots are “off the grid” lots. These lots will be autonomously without reliance on a utility for power. These are rural
lots where there is a lack of grid access and requires alternative power such as solar energy and hydroelectric.
7‐107. ACCESS AND ROADWAYS
Lot 1: Lot 1 has an existing drive off of County Road 313 consisting of native material and gravel and easements for
adjacent property. The drainage has been adequate for access.
Lot 2: Lot 2 has a current driveway under permit # GRB20‐D‐3 through Garco Road And Bridge. The driveway meets all
standards listed under the county code and has adequate drainage.
7‐108. USE OF LAND SUBJECT TO NATURAL HAZARDS
If any future development will happen on Lot 1 or Lot 2, a professional engineer will be retained prior to any
development to identify Natural and Geologic Hazards.
7‐109. FIRE PROTECTION
Defensible space will be created around any new structures. No current structures exist.
7‐201. AGRICULTUAL LANDS
These lots are non‐agricultural and house no livestock.
7‐202. WILDLIFE HABITAT AREAS
Minimal sound and land disturbance will occur on either lot. There will be no restrictions to current wildlife corridors
and migration. All native vegetation will remain aside from and noxious weed control.
7‐203. PROTECTION OF WATERBODIES
Any future culverts, structures and pipelines will be a minimum of 35 feet from high water mark along creek. All Garfield
County regulations will be met. No natural drainage of flow patterns will be disturbed.
7‐204. DRAINAGE AND EROSION
Mountainous terrain cabin property. Subdivision of property will not change any historic or current drainage patterns.
7‐205. ENVIRONMENTAL QUALITY
No roads or air or water quality will be impacted by subdivision of property.
7‐206. WILDFIRE HAZARDS
Does not apply to property.
7‐207. NATURAL AND GEOLOGIC HAZARDS
It is our understanding that the proposed subdivide is not under any threat of developing natural geologic hazard areas.
7‐208. RECLAMATION
No areas will be disturbed in subdivision of property, therefore requires no reclamation. Property is already split by a
county road which is where the proposed new property line will be.
7‐301. COMPTILE DESIGN
No redesign will take place of any current boundaries. Proposed split is being determined by existing county road and all
other boundaries will remain the same.
7‐302. OFF‐STREET PARKING AND LOADING STANDARDS
Does not apply to property subdivide. Both proposed parcels have existing driveways.
7‐303. LANDSCAPING STNDARDS
Does not apply. Property is rural and landscaping is natural wilderness. No changes will be made.
7‐304. LIGHTING STANDARDS
Property is rural wilderness and no lighting will be added. Does not apply to property subdivision.
7‐305. SNOW STORAGE STANDARDS
Property is rural. Does not apply.
7‐306. TRAIL AND WALKWAY STANDARDS
Property is rural wilderness. Does not apply.
7‐401. GENERAL SUBDIVISION STANDARDS
There are no common facilities. Property is rural. Does not apply.
7‐402. SUBDIVISION LOTS
Proposed subdivide will be split from one parcel of 40.258 acres to the following:
Lot 1: 18.312 acres
Lot 2: 21.946 acres
Both lots are rural wilderness. Does not apply.
7‐403. SURVEY MONUMENTS
Lot 1 and Lot 2 shall be surveyed and both shall have all four corners set with pins.
7‐404. SCHOOL LAND DEDICATION
Proposed lots are rural wilderness. Does not apply.
7‐405. ROAD IMPACE FEES
Subdivide has a current county road running through split boundary. No new roads will be created.
COLORADO GEOLOGICAL SURVEY SUBMITTAL
FORM FOR LAND-USE REVIEWS
County _ ___,_(j,:;.;:..:_P&.,f--=...;:......;\...,.Ei;"""""'-'-1)...__ _____ _ Date ___________ _
Project Name t,.\teNB\A :=\Z D'B:D 5 QLtt
\ APPLICANT
GY-. GM'PTl 00
(or Applicant's Authorized Representative responsible for paying the CGS review fee)
I I I I
14, /2, or 14 14 ___ _
Section(s) ___ _
Township ____ _
Range _____ _
Dec Lat ____ _
Dec Lo ng ___ _
FEE SCHEDULE
(effective June 1 , 2009)
Reviews for Counties
Small Subd ivision {> 3 dwellings or lots and < 100 acres) .................................. $950
Large Subdivision~ 100 acres and< 500 acres) ....................................... $1 ,550
Very Large Subdivision (500 acres or more) ............................................... $2,500
Very small residential subdivisions (1-3 dwellings and< 100 acres ) ................... $60 0
Reviews for Municipalities ......................................... At hourly rate of reviewer
Special Reviews ....................................................... At hourly rate of reviewer
School Site Reviews ......................................................... $855
CGS LAND USE REVI EWS
Geological studies are required by Colorado counties for all subdivisions of unincorpo-
rated land into p arcels of less than 35 acres, under State statute C.R.S. 30-28-136 (1) (i)
(Senate Bill 35, 1972). Some Colorado mwlicipalities require geological studies fo r sub-
divis ion of incorporated land. In addition, local governments a r e empowered to regu-
late development activities in hazardous o r mineral-resource areas under C.R.S. 24-65.1-
101 et seq. (Ho use Bil l 1041, 1974) and C.R.S. 34-1-301 et seq . (House Bill 1529, 1973),
respectively.
Local -government agencies s ubmit proposed subdivision applications and s upporting
technical reports to the Colorado Geological Surv ey " ... for evaluation of those geologic
factors which would have significant impact on the proposed use of the land," in accor-
dance with State statutes. The CGS reviews the submitted docume nts and ser ves as a
technical advisor to local-government planning agencies during the planning process.
Since 1984, th e CGS ha s been require d by law to recover the full direct cost of perform-
ing such reviews.
The adequate knowledge of a site's geology is essentia l for any development project. It
is needed at the start of ~ project in order to p lan, design, and cons truct a safe devel-
opment. Proper planning for geologica l conditions can help developers and future
owners/ users reduce unnecessary maintenance and/ o r repair costs.
Colorado Geological Survey • 180 1 19th Street. Golden. CO 80401 • Ph: 303-384 -2655 • Email: CGS_LUR@mlnes.edu • ColoradoGeologicalSurvey.org created 3116198, revised 11111/2014
2
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Frequently Asked Questions and A nswers
Regarding the CGS Land Use Review Process
Wiry am I required t o liave a CGS r eview w h en I a l ready h ired
a11d p aid f or m y ow11 co11 s u l t a 11 t?
In 1972, Senate Bill 35 was passed stating that any person or
entity subdividing a property into parcels of 35 acres or less on
unincorporated land must submit geologic or geotcchnical
reports to the Co u nty as part of the p reliminary plat application
process. Mu nicipali ties or public agencies may request that CGS
rev iew a si te, although these reviews a re not governed by the
statute.
Wlt y is a CGS review 11ecessan1wl1 e111 a lread y hired my ow11
geologist ?
The CGS review is an independent third-party review that is done
for the County, s imilar to the service a building inspector provides
for construction review. The pur pose of the CGS review is to
ensure that all geologic con cerns have been adequately identified
and addressed in th e geologic repor ts and that the proposed
development is feasible.
Wir y does CGS charge for lnnd use reviews? Does11't taxpayer
m o11 ey pay for tlr is service?
CGS land use rev iews are not subsidized through the general
fund, although some other review agencies are suppor ted by
taxpayer money. In 1984 the s tate legislature decided that CGS
reviews should be paid fo r with fees paid by the applica n t of the
proposed development so that taxpayers are not viewed as
subsidizing development.
Did tire CGS geologis t m a k e a fie ld v is i t to t lte s ite?
A CGS geologist visits each site being reviewed. If the review is a
re-s ubmittal for a site that has been visited p reviou sly, a second
site visit may not be necessary. If significant changes have
occurred since the ini tial review, the si te may be visited again.
Wiry i s t h e CGS review l etter s o s hor t a 11d s imp l e? W /r a t is my fee
pay ing/or?
111e CGS letter is a rev iew of the geologic material submitted and
reflects the level of detail contained in those documents. CGS does
not offer designs, but rather ensures that th e work that has been
done is meaningful and adequate for the s ite condition s and
proposed development. A site review that adequately addresses all
the geologic cond itions present at the site may be a short
confi r mation letter. lf more work needs to be done o r if difficult
site conditions are present, the letter may be longer.
W /ra t hjpe of info mraH0 11 do I need t o s ubmi t t o CGS for a la ud
use review?
The more geologic information that is su bmitted to CGS, the
easier it is fo r CGS to evaluate the proper ty. The required
documents may vary based on county requirements and the
potential problems that may impact th e proposed development.
A topographic map is essential. Also, information regarding
slope, surficial materials, subsurface materials and bedrock,
presence of groundwater and depth, and specific geologic
hazards should be included, where applicable. Grading plans,
drainage plans, and geotechnical testing results are also very
he lpful for the review. The p resen ce of geologic hazards should
be eval u a ted with respect to the development plan. Also, th e
effect of development on geologic conditions should be
discussed. The evaluation shou ld include alternatives such as
avoidance a nd mi ti gation techn iques .
7
8
9
10
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T ire s11 bd i visio11 d own tire ro ad was approved, w liy was11 't 111i11e?
There could be severa l reasons: geologic conditions can change
over short distances; subdivisions made prior to 1972 were not
required to undergo a CGS review and may have not been
evaluated for geologic suitability at all; the area down the road
may be incorporated as part of a municipality, which exempts it
from the CGS review process. Another considerati on is that
geologic reviews are continually evolving a n d site conditions th at
have been judged acceptable in the past may no longer be
considered as such, based on the current understanding of the
geologic processes and adverse impacts associated with them.
W hy are CGS reviews required eve11 011 low-d en s i tlJ properties?
Senate Bi ll 35 pertains to subdivisions of less than 35 acres.
Geolo gic hazards can occur on large-scales or small -scales;
rely ing on low-density subdivision can not m itigate a ll geologic
hazards. For instance, entire hillsides might be prone to rockfall
or landslide hazards. Large tracts of land may be subject to
groundwater problems.
Why ca11't 1 j us t use tir e soil co11servation maps for a geol ogic
repo rt?
The USDA soil conservation maps are a good start for geologic
investigations, but do not con tain sufficient detail on the possible
geo logic problems that may occur at any si te.
Are11 't som e of y o ur review comments beyond t ir e scope of geo logic
l,a zard s Ott 111y s ite?
Technically other agencies have regu latory authority regarding
issues such as flood plains, groundwater availability and wildfire,
but these iss ues are also important factors in the overall geologic
context of the site and may affect geologic hazards on the site. The
mention of a condition in the CGS review letter is not intended to
influence the statutory authority of a n y other agency, but rather to
ensure that all parties are aware of a potenl"ially prob lematic
geologic condition. For instance, mention of a situati on involving a
major drainage is a flag that the U.S. Army Corps of Engineers or
the Colorado Water Conservation Board should be reviewing
development p lans.
Whe11 I bo ug lt t t his prop erty, 110 one to ld m e abo u t a11y geologic
lt a zard s 0 11 the s i t e; ca11 I go back to t ir e previou s ow11ers
some/r ow?
CGS can not give legal advice. If the seller was aware o f adverse
conditions with respect to the proposed use, this should have
been disclosed. A legal opinion should be sought.
Can I get a wai ver fro m /r aving tire CGS d o a review?
The discretion to grant waivers is vested by law with 1l1e counties.
Once an application for review is s ubmitted to CGS, we are under
a statutory res ponsibility to respond.
I a m w illi 11g t o accept tile risk a s sociat ed with my p ro pertlJ -
w ir y is it a 11yo11e's b11 s i11ess w /rat I do w it/r m y ow11 lan d?
The pres umption associated with a subdivision is that portions
of the property will be sold to others. This then assigns any risk
to future buyers, and the county is required to protect their
interests. Senate Bill 35 addresses a wide variety of land use
issues as well as geologic su itability in a n attempt to provide
information so that the overall appropriateness of the
subdivision proposal can be evaluated.
DUSTIN CHENEY
3360CR233
RIFLE, CO 81650
BANK OFTHE WEST
2411
82-0214/1070
lD. l l ~ \::z pg_J Date
$ ~00~
33 Four Wheel Drive Road
Carbondale, CO 81623
970.309.5259
carla.ostberg@gmail.com
May 26, 2021 Project No. C1623
Dustin Cheney
dustin@avalancheexcavation.net
Onsite Wastewater Treatment System Design Feasibility
Proposed Lot Split
Garfield County, Colorado
Dustin,
CBO Inc. has visited the property and performed a subsurface investigation on proposed Lot 2. The 40-
acre property is located outside of New Castle, in an area where OWTSs and wells are necessary.
Legal Description: Section: 25 Township: 7 Range: 91 S1/2S1/2SE
Parcel ID: 2399-254-00-082
SITE CONDITIONS The subject property is vacant. A lot split is proposed with proposed Lot 1 resulting in 18.312-acres and
Lot 2 resulting in 21.946-acres. The property is bisected by County Road 313 which runs north and
south. The County Road delineates the proposed split. A survey is enclosed. East Divide Creek also
bisects proposed Lot 2 north and south.
SUBSURFACE
The subsurface was investigated on September 29, 2020 by digging two soil profile test pit excavations (Test
Pits). A visual and tactile soil analysis was completed by Carla Ostberg at the time of excavation.1 The
investigation took place to the west of East Divide Creek.
The materials encountered in Test Pit #1 consisted of dark brown topsoil to 4.0-feet, underlain by dark
brown, moist, sandy loam with a tan matrix to a maximum depth explored of 6-feet. No bedrock or
groundwater was encountered.
The materials encountered in Test Pit #2 consisted of dark brown sandy loam and some angular rock to a
maximum depth explored of 6.5-feet. No bedrock or groundwater was encountered. Soils were more moist
beginning at about 6.0-feet below grade.
A sample of the soils was taken from Test Pit #1 at 2.5-feet below grade. Soil structure grade was
moderate. The soil formed a ball and a ribbon less than 1-inch in length before breaking. Soil structure
shape was blocky and consistence was friable to firm. Soil texture was more gritty than smooth.
STA sizing is based on Soil Type 2, Sandy Loam. A long term acceptance rate (LTAR) of 0.6 gallons
per square foot will be used to design the OWTS.
1 Carla Ostberg holds a Certificate of Attendance and Examination from the CPOW Visual and Tactile
Evaluation of Soils Training.
Page 2
Test Pit #1 Backfill
Sieved sample / ribbon
View of Test Pit #1 Test Pit #2
Page 3
RECOMMENDATIONS Sizing of both proposed lots should not preclude the design of an acceptable onsite wastewater
treatment system (OWTS) to serve future proposed developments.
Please call with questions.
Sincerely,
CBO Inc.
Carla Ostberg, MPH, REHS
SECTION25
"'SITE
C7tyRoadNo. 313
Vicinity Map
Scale: 1 "=2000'
LIENHOLDER CONSENT AND SUBORDINATION
THE UNDERSIGNED, BEING THE BENEFICIARY UNDER A DEED OF TRUST GRANTED BY THE OWNER(S) UPON THE
REAL PROPERTY PLATTED AND DWIDED AS SHOWN UPON THE WITHIN PLAT, CERTIFIES THAT THE UNDERSIGNED
HAS REVIEWED THE PLAT AND BY THIS CERTIFICATION HEREBY CONSENTS TO SAID PLAT AND TO THE RECORDING
THEREOF. BENEFICIARY FURTHER CONSENTS TO SAID PLAT AS STATED IN THE CERTIFICATE OF DEDICATION AND
OWNERSHIP EXECUTED BY THE OWNER(S) HEREON, AND HEREBY SUBORDINATES ANY INTEREST THAT
BENEFICIARY MAY HA VE IN AND TO THE PROPERTY SUBJECT TO SUCH DEDICATION, TO THE ENTITY(IES) OR THE
GENERAL PUBUC TO WHICH SUCH DEDICATION JS .MADE.
LIENHOLDER SIGNATURE
STATE OF COLORADO )
: ss
COUNTY OF GARFIELD )
THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME
THIS DAYOF _____ ~A.D., 20 __ ~
BY ___________________________________ _
MY COMMISSION EXPIRES:
WITNESS MY HAND AND OF~Fi~C~TA=L-S~EAL~~.
NOTARY PUBLIC
SURVEYOR'S NOTES
1.) DATE OF SURVEY WAS AUGUST 19, 2020.
2.) BASIS OF BEARINGS FOR THIS SURVEY IS AN ASSUMED BEARING OF S89°48'07"E ALONG THE SOUTH LINE OF THE
SWl/4 OF THE SEl/4 OF SECTION 25, T7S, R91W BETWEEN THE Sl/4 CORNER OF SAID SECTION 25, A 3-1/4"
GARFIELD COUNTY SURVEYOR BRASS CAP AND A FOUND #5 REBAR AS SHOWN HEREON.
3.) THIS PLAT IS BASED ON:
a. WARRANTY DEED RECORDED NOVEMBER 30, 1983 IN BOOK 639 AT PAGE 667 IN THE RECORDS OF THE
GARFIEW, COUNTY, COLORADO CLERK AND RECORDER'S OFFICE.
b. RESEARCH FOR RIGHTS-OF-WAY AND EASEMENTS OF RECORD ARE BASED ON COMMONWEALTH TITLE COMPANY
OF GARFIEW COUNTY, INC. FILE NO. 1905002 DATED AUGUST 27, 2019.
c. MONUMENTS FOUND IN PLACE AS INDICATED HEREON.
4.) THE TOPOGRAPHIC LINES SHOWN ON THIS PRELIMINARY PLAT ARE FROM GOOGLE EARTH PRO DATA.
5.) NO IRRIGATION DITCHES WERE OBSERVED ON SUBJECT PARCEL.
6.) ALL DIMENSIONS SHOWN HEREON ARE RECORD AND AS-MEASURED UNLESS OTHERWISE INDICATED.
7.) ALL FOUND OR SET MONUMENTS ARE FLUSH WITH GROUND EXCEPT AS NOTED HEREON.
8.) THE LINEAL UNIT USED IN THE PREPARATION OF THIS PLAT IS THE U.S. SURVEY FOOT AS DEFINED BY THE UNITED
STATES DEPARTMENT OF COMMERCE, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.
9.) ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS
SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED
UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION
SHOWN HEREON.
SURVEYOR'S CERTIFICATE
I MICHAEL J. LANGHORNE, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE
LAWS OF THE STATE OF COLORADO, THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT OF CHENEY COUNTY
ROAD SPLIT EXEMPTION AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE
FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME, OR UNDER MY SUPERVISION, IS BASED ON MY KNOWLEDGE,
INFORMATION AND BELIEF, AND THAT IT CONFORMS WITH THE CURRENT "STANDARDS FOR LAND SURVEYS" OF THE
COLORADO AES BOARD OF LICENSURE, AS WELL AS WITH RELATED SURVEY REQillREMENTS OF CURRENT VERSIONS
OF THE COLORADO REVISED STATUTES AND THE COUNTY OF GARFIEW REGULATIONS, THIS CERTIFICATE IS NOT
INTENDED TO BE AN EXPRESS OR IMPLIED WARRANTY OR GUARANTEE OF ANY MATTERS EXCEPT THOSE STATED IN
THE PRECEDING SENTENCE AND CORRECTLY SHOWS THE WCATION AND DIMENSIONS OF THE LOTS, EASEMENTS
AND STREETS OF THE CHENEY COUNTY ROAD SPLIT EXEMPTION AS THE SAME ARE STAKED UPON THE GROUND IN
COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDWISION OF LAND.
IN WITNESS WHEREOF I HA VE SET MY HAND AND SEAL
DATE: _______ _
MICHAEL J. LANGHORNE, P.L.S. #36572
Final Plat
CHENEY COUNTY ROAD SPLIT EXEMPTION
A Parcel of Land Situate in the SEIi 4 of the SEIi 4 and in the SWll 4 of the SEIi 4 of Section 25, Township
7 South, Range 91 West of the 6th P.M.
County of Garfield, State of Colorado
I
I
I
I
I
I
I
I
I Found #5 Rebar &
Found #5 Rebar & I 1-1/4" Yellow Plastic Cap
I rStamped "SOLAR" 1-1/4" Yellow Plastic Cap
~-:..I _________ ::::._~.!!_!39'48_'11" W }__317.43' _ -~-:-___ -•-~•-@)-St_a.,m,_p~~ :s~~:-
Found# 5Reba,& ~--f(f'\,' '-.. ~
1-1/4" Red Plastic Cap "'\ I ) .. , \ ::arr::~~~1;:;.;i.;:"2~::~ce Comer Fence, Barbed e (Typical) /j (;.
\
l
~ l f ~ fl
Lot 1
18.312±Acres \ //
if
If
. d ll Dirt Roa 1,
Non-Exclusive Access Easement~ 11 1ll I Reception No. 919129 ?Z Q
Centerline, Varying Widths
N8~'46"W 1320.66' l ·_::_-___ -_7::t::· --~~=~-;:=-·1-·::1::'.~·: -~::--
,15. 0' Ingress and Egress Easement
Book 639, Page 667
Lot 2
21. 946± Acres
Found # 5 Rebar
a:,
"" Gi
IO
~
1-..
!')
ti) c:,
0 c:,
(
c:,
;a,;
l
l ~ ,,-_.:-;/· ~ S 89'28'29" E s,. i'--= I/ 18.37' \_ _
South 1/4 Come,S::~fon25 Basis of Bearing~ 89'48'07" E 1316.43' ~=;;;;..;_i -;.-~D-.... ,
Found#6Rebar&3-1/4" r Eastl/16Comer Southeast Comer Section 25
Found 2-1/2" USGLO Brass Cap
on 1 "Iron Pipe, 1 'Above Ground I I
Garfield County Surveyor Between Sections 25 and 36
Brass Cap, 6" Above Ground ,,,....,,,----. Found #5 Rebar
Stamped "1/4 S25 S36 Upgraded to 3-1/4" Aluminum Cap
1 979 Solar Country on # 6 Rebar, Flush
Stamped "S25 S36 1922"
LS 14111" Stamped "BOOKCLIFF SURVEY
El/ 16 S25 S36 PLS 36572 2020"
COUNTY PLAT NOTES
T. NOXIOUS WEEDS.
CONTROL OF NOXIOUS WEEDS IS THE RESPONSIBILITY OF THE PROPERTY OWNER.
U. OPEN HEARTH SOLID-FUEL FIREPLACES.
NO OPEN HEARTH SOLID-FUEL FIREPLACES WILL BE ALLOWED ANYWHERE WITHIN THE SUBDWISION. ONE NEW
SOLID-FUEL BURNING STOVE AS DEFINED BY C.R.S. 25-7-401, ET.SEQ., AND THE REGULATIONS PROMULGATED
THEREUNDER, WILL BE ALLOWED IN ANY DWELLING UNIT. ALL DWELLING UNITS WILL BE ALLOWED AN
UNRESTRICTED NUMBER OF NATURAL GAS BURNING STOVES AND APPLIANCES.
V. EXTERIOR LIGHTING.
ALL EXTERIOR LIGHTING SHALL BE THE MINIMUM AMOUNT NECESSARY AND THAT ALL EXTERIOR LIGHTING SHALL BE
DIRECTED INWARD AND DOWNWARD, TOWARDS THE INTERIOR OF THE SUBDIVISION, EXCEPT THAT PROVISIONS
MAY BE MADE TO ALLOW FOR SAFETY LIGHTING THAT GOES BEYOND THE PROPERTY BOUNDARIES.
W. RIGHT TO FARM
COLORADO IS A "RIGHT-TO-FARM" STATE PURSUANT 10 C.R.S. 35-3-11, ET. SEQ. LANDOWNERS, RESIDENTS AND
VISITORS MUST BE PREPARED TO ACCEPT THE ACTNITIES, SIGHTS, SOUNDS AND SMELLS OF GARFIEW COUNTY'S
AGRICULTURAL OPERATIONS AS A NORMAL AND NECESSARY ASPECT OF LIVING IN A COUNTY WITH A STRONG
RURAL CHARACTER AND A HEALTHY RANCHING SECTOR. THOSE WITH AN URBAN SENSITWITY MAY PERCEIVE
SUCH ACTIVITIES, SIGHTS, SOUND, AND SMELLS ONLY AS INCONVENIENCE, EYESORE, NOISE AND ODOR.
HOWEVER, STATE LAW AND COUNTY POLICY PROVIDE THAT RANCHING, FARMING AND 011-IER AGRICULTURAL
ACTIVITIES AND OPERATIONS WITHIN GARFIEW COUNTY SHALL NOT BE CONSIDERED TO BE NUISANCES SO LONG
AS OPERATED IN CONFORMANCE WITH THE LAW AND IN A NON-NEGLIGENT MANNER. THEREFORE, ALL MUST BE
PREPARED TO ENCOUNTER NOISES, ODOR, UGHTS, MUD, DUST, SMOKE, CHEMICALS, MACHINERY ON PUBLIC
ROADS, LIVESTOCK ON PUBLIC ROADS, STORAGE AND DISPOSAL OF MANURE, AND THE APPUCATION BY SPRAYING
OR OTHERWISE OF CHEMICAL FERTILIZERS, SOIL AMENDMENT, HERBICIDE, AND PESTICIDES, ANY ONE OR MORE
OF WHICH MAY NATURALLY OCCUR AS PART OF LEGAL AND NON-NEGUGENT AGRICULTURAL OPERATIONS.
X. MAINTENANCE OF FENCES, RURAL LNING, ETC.
ALL OWNERS OF LAND, WHETHER RANCH OR RESIDENCE, HA VE OBLIGATIONS UNDER STATE LAW AND COUNTY
REGULATIONS WITH REGARD TO THE MAINTENANCE OF FENCES AND IRRIGATION DITCHES, CONTROLLING WEEDS,
KEEPING LNESTOCK AND PETS UNDER CONTROL, USING PROPERTY IN ACCORDANCE WITH ZONING, AND OTHER
ASPECTS OF USING AND MAINTAINING PROPERTY. RESIDENTS AND LANDOWNERS ARE ENCOURAGED TO LEARN
ABOUT THESE RIGHTS AND RESPONSIBILITIES AN ACT AS GOOD NEIGHBORS AND CITIZENS OF THE COUNTY. A
GOOD INTRODUCTORY SOURCE FOR SUCH INFORMATION IS "A GUIDE TO RURAL LIVING & SMALL SCALE
AGRICULTURE" PUT OUT BY THE COLORADO STATE UNNERSITY EXTENSION OFFICE IN GARFIELD COUNTY.
Y. MINERAL RIGHTS.
THE MINERAL RIGHTS ASSOCIATED WITH THIS PROPERTY MAY NOT BE TRANSFERRED WITH THE SURFACE ESTATE
THEREFORE ALLOWING THE POTENTIAL FOR NATURAL RESOURCE EXTRACTION ON THE PROPERTY BY THE
MINERAL ESTATE OWNER/SJ OR LESSEE/SJ.
Z. ACCESSORY DWELLING UNITS.
ACCESSORY DWELLING UNITS ARE NOT PERMITTED IN CONFORMANCE WITH THE COMPREHENSNE PLAN DENSITY
STANDARDS.
AA. DOMESTIC DOGS.
DOGS KEPT ON THE PROPERTY SHALL BE IN A FENCED YARD OR ON A LEASH 1tJ PREVENT HARASSMENT OF
WILDLIFE.
BB. WILDLIFE-FRIENDLY FENCING.
FENCING ON THE PROPERTY SHALL COMPLY WITH THE COLORADO PARKS AND WIWLIFE SPECIFICATIONS FOR
WILDLIFE-FRIENDLY FENCING.
CC. SEPTIC SYSTEMS.
ENGINEER-DESIGNED SEPTIC SYSTEMS ARE REQUIRED WITHIN THIS SUBDIVISION.
DD. FOUNDATIONS.
ENGINEER-DESIGNED FOUNDATIONS ARE REQUIRED WITHIN THIS SUBDIVISION.
EE. IRRIGATION DITCHES
DITCH OWNER(S) RIGHTS: COLORADO STATE STATUTES 37-86-102 PROVIDES THAT ANY PERSON OWNING A WATER
RIGHT OR CONDITIONAL WATER RIGHT SHALL BE ENTITLED TO A RIGHT-OF-WAY THROUGH THE LANDS WHICH LIE
BETWEEN THE POINT OF DIVERSION AND POINT OF USE OR PROPOSED USE FOR THE PURPOSE OF TRANSPORTING
WATER FOR BENEFICIAL USE IN ACCORDANCE WITH SAID WATER RIGHT OR CONDITIONAL WATER RIGHT. ANY
IMPACT, CHANGE OR CROSSING OF A DITCH SHALL REQUIRE APPROVAL FROM THE DITCH OWNER.
MINERAL OWNERS
TO BE PROVIDED
COUNTY COMMISSIONER'S CERTIFICATE
BASED UPON THE REVIEW AND RECOMMENDATION OF GARFIEW COUNTY DIRECTOR OF COMMUNITY
DEVELOPMENT, THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COWRADO, HEREBY APPROVES
THIS EXEMPTION PLAT THIS DAY OF _____ ~ A.D., 20__, FOR FILING WITH THE CLERK AND
RECORDER OF GARFIELD COUNTY AND FOR CONVEYANCE TO THE COUNTY OF THE PUBLIC DEDICATIONS SHOWN
HEREON, SUBJECT TO THE PROVISIONS THAT APPROVAL IN NO WAY OBLIGATES GARFIELD COUNTY FOR THE
FINANCING OR CONSTRUCTION OF IMPROVEMENTS ON LANDS, PUBUC ROADS, HIGHWAYS OR EASEMENTS
DEDICATED TO THE PUBLIC, EXCEPT AS SPECIFICALLY AGREED TO BY THE BOARD OF COUNTY COMMISSIONERS
BY SUBSEQUENT RESOLUTION. THIS APPROVAL SHALL IN NO WAY OBLIGATE GARFIEW COUNTY FOR THE
CONSTRUCTION, REPAIR OR MAINTENANCE OF PUBLIC ROADS, HIGHWAYS OR ANY OTHER PUBLIC DEDICATIONS
SHOWN HEREON.
CHAIRMAN, BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
WITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD.
AITEST: __________________ _
COUNTY CLERK
TITLE CERTIFICATE
I, ------------~ AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF COLORADO, OR
AGENT AUTHORIZED BY A TITLE INSURANCE COMPANY, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO
ALL LANDS SHOWN UPON TlllS PLAT AND THAT TITLE TO SUCH LANDS IS VESTED IN
FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES (INCLUDING MORTGAGES, DEEDS OF TRUST, JUDGMENTS,
EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT), EXCEPT
AS FOLLOWS:
DATED THIS ____ DAY OF __________ ~ A.D. 20_.
TITLE COMPANY: _______________ _
AGENT
OR
ATTORNEY
COLORADO ATTORNEY REGISTRATION NO. ___ _
"l>,;.J.
0 200 400 600 -----------SCALE: 1 "=200'
LEGEND
Existing Easement ----
CERTIFICATE OF DEDICATION AND OWNERSHIP
TI-IE UNDERSIGNED, DUSTIN AND TARA CHENEY, BEING SOLE OWNER(S) IN FEE SIMPLE OF ALL THAT REAL
PROPERTY SITUATED IN GARFIEW COUNTY, COLORADO, DESCRIBED AS FOLLOWS:
WARRANTY DEED RECORDED NOVEMBER 30, 1983 IN BOOK 639 AT PAGE 667
THE SOUTH 1/2 OF THE SEl/4 OFSEl/4 OF SECTION 25AND THE SOUTH 1/2 OF THE OF THE SW 1/4 OF THE
SEl/4 OF SECTION 25, TOWNSHIP 7 SOUTH, RANGE 91 WEST, 6TH P.M.
SUBJECT TO A NON-EXCLUSIVE EASEMENT 15 FEET IN WIDTH ALONG THE NORTH AND SOUTH BOUNDARY OF
SAID PROPERTY FOR INGRESS AND EGRESS.
CONTAINING 40.258 ACRES, MORE OR LESS, HAS [HA VE/ CAUSED THE DESCRIBED REAL PROPERTY TO BE
SURVEYED, LAID OUT, PLAITED AND SUBDWIDED INTO LOTS AND BLOCKS AS SHOWN ON THIS PLAT UNDER THE
NAME AND STYLE OF CHENEY COUNTY ROAD SPLIT EXEMPTION, A SUBDWISION IN THE COUNTY OF GARFIEW.
THE OWNER(S) DO(ES) HEREBY DEDICATE AND SET APART ALL OF THE STREETS AND ROADS AS SHOWN ON THE
ACCOMPANYING PLAT TO THE USE OF THE PUBUC FOREVER, AND HEREBY DEDICATE(S) TO THE PUBLIC
UTILITIES THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED AS UTILITY EASEMENTS ON THE
ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES,
IRRIGATION AND DRAINAGE FACILITIES INCLUDING, BUT NOT LIMITED TO, ELECTRIC LINES, GAS UNES AND
TELEPHONE LINES, TOGETHER WITH THE RIGHT TO TRIM INTERFERING TREES AND BRUSH, WITH PERPETUAL
RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH LINES. SUCH EASEMENT AND
RIGHTS SHALL BE UTILIZED IN A REASONABLE AND PRUDENT MANNER. ALL EXPENSE FOR STREET PAVING OR
IMPROVEMENTS SHALL BE FURNISHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTY OF GARFIELD.
EXECUTED THIS
OWNER NAME
ADDRESS
CITY, STATE ZIP
DAYOF _____ ~A.D., 20 __ .
STATE OF COWRADO )
: ss
COUNTY OF GARFIEW )
THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME
THIS DAY OF ____ ~ A.D., 20•--~ BY ___________________________________ _
MY COMMISSION EXPIRES:-~-~-
WITNESS MY HAND AND OFFICIAL SEAL.
NOTARY PUBUC
CERTIFICATE OF TAXES PAlD
I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND ASSESSMENTS DUE AND
PAYABLE AS OF ___________ ~ UPON ALL PARCELS OF REAL ESTATE DESCRIBED ON THIS
PLAT ARE PAID IN FULL.
DATED THIS DAYOF ______ ~A.D., 20 __
TREASURER OF GARFIELD COUNTY
COUNTY SURVEYOR'S CERTIFICATE
APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS OR DRAFTING,
PURSUANT TO C.R.S. § 38-51-101 AND 102, ET SEQ.
DATEDTHIS ___ DAYOF ________ ~A.D.,20_.
GARFIELD COUNTY SURVEYOR
CLERK AND RECORDER'S CERTIFICATE
THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY,
COLORADO, AT ___ O'CLOCK _, ON THIS ____ DAY OF _______ ~A.D., 20_, ANDIS
DULY RECORDED AS RECEPTION NO. ______ _
ATTEST: ___________ _
CLERK AND RECORDER
BY: ____________ _
DEPUTY
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DATE: 9/22/20
PROJECT NO.
19062-01
SHEET
OF
Garfield County, CO
Developed by
Account Number R023293
Par cel Number 239925400082
Acr es 40
Land SqFt 0
T ax Ar ea 023
2019 Mill Levy 67.0920
Physical Address 0 313 C OUNTY RD
NEW C ASTLE 81647
Owner A ddr ess C HENEY, DUSTIN & TARA
3360 C OUNTY RO AD 233
RIFLE C O 81650
2019 T otal Actual Value $85,000 Last 2 Sales
Date Pr ice
9/5/2019 $112,500
9/3/2019 $0
Date created: 5/26/2021
Last Data Uploa ded: 5/26/2021 2:23:36 AM
921 ft
Overvi ew
Legend
Parcels
Roa ds
Parcel/Account
Number s
Highw ays
Limited Access
Highwa y
Major Road
Loca l Roa d
Minor Road
Other Road
Ra mp
Ferry
Pedestria n Way
Owner Na me
Lakes & River s
County Boundar y
Line
5/26/2021 qPublic.net - Garfield County, CO - Property Record Card: R023293
https://qpublic.schneidercorp.com/Application.aspx?AppID=1038&LayerID=22381&PageTypeID=4&PageID=9447&Q=509405620&KeyValue=R023293 1/2
Gar eld County, CO
View Map
CHENEY, DUSTIN & TARA
3360 COUNTY ROAD 233
RIFLE CO 81650
Assessed Year 2021 2020 2019
Land Actual $85,000.00 $100,000.00 $100,000.00
Improvement Actual $0.00 $0.00 $0.00
Total Actual $85,000.00 $100,000.00 $100,000.00
Assessed Year 2021 2020 2019
Land Assessed $24,650.00 $29,000.00 $29,000.00
Improvement Assessed $0.00 $0.00 $0.00
Total Assessed $24,650.00 $29,000.00 $29,000.00
Tax Year 2020 2019 2018 2017
Taxes Billed $1,945.68 $1,831.84 $1,220.56 $1,091.96
Click here to view the tax information for this parcel on the Gar eld County Treasurer's website.
Sale Date Deed Type
Reception
Number
Book -
Page
Sale
Price Grantor Grantee
9/5/2019 WARRANTY
DEED
925101 $112,500 PECK, EVERETT C; HUTCHEON FAMILY
TRUST;...
CHENEY, DUSTIN; CHENEY, TARA
9/3/2019 STATEMENT OF
AUTHORITY
925100 $0 HUTCHEON, DELANE-TRUSTEE;
HUTCHEON, REBECCA S-TRUSTEE
HUTCHEON FAMILY TRUST
3/25/2019 EASEMENT 919129 $0 HUTCHEON, DELANE-TRUSTEE;
HUTCHEION, REBECCA S-TRUSTEE;...
RANDALL, JEFFREY M
7/30/2014 QUIT CLAIM
DEED
852286 $0 HUTCHEON, DELANE; HUTCHEON,
REBECCA S
HUTCHEON, DELANE & REBECCA S TRUSTEES OF
THE HUTCHEON FAMILY TRUST
2/20/1978 QUIT CLAIM
DEED
347789 0639-
0668
$0
2/20/1978 WARRANTY
DEED
347788 0639-
0667
$24,000
10/5/1977 CERTIFICATE 281069 0501-
0426
$0
11/14/1974 WARRANTY
DEED
265890 0468-
0001
$0
No data available for the following modules: Buildings, Photos, Sketches.
Summary
Account R023293
Parcel 239925400082
Property Address 0 313 COUNTY RD, NEW CASTLE, CO 81647
Legal Description Section: 25 Township: 7 Range: 91 S1/2S1/2SE
Acres 40
Land SqFt 0
Tax Area 23
Mill Levy 67.0920
Subdivision
Owner
Land
Unit Type 35 AC TO L/T 100 AC - 0550 (VACANT LAND)
Square Feet 0
Actual Values
Assessed Values
Tax History
Transfers
5/26/2021 qPublic.net - Garfield County, CO - Property Record Card: R023293
https://qpublic.schneidercorp.com/Application.aspx?AppID=1038&LayerID=22381&PageTypeID=4&PageID=9447&Q=509405620&KeyValue=R023293 2/2
Version 2.3.122
The Gar eld County Assessor's Of ce makes every effort to produce the most accurate information possible. No warranties, expressed or
implied are provided for the data herein, its use or interpretation. Data is subject to constant change and its accuracy and completeness
cannot be guaranteed.
User Privacy Policy
GDPR Privacy Notice
Last Data Upload: 5/26/2021, 12:23:36 AM
Developed by
SECTION25
"'SITE
C7tyRoadNo. 313
Vicinity Map
Scale: 1 "=2000'
LIENHOLDER CONSENT AND SUBORDINATION
THE UNDERSIGNED, BEING THE BENEFICIARY UNDER A DEED OF TRUST GRANTED BY THE OWNER(S) UPON THE
REAL PROPERTY PLATTED AND DWIDED AS SHOWN UPON THE WITHIN PLAT, CERTIFIES THAT THE UNDERSIGNED
HAS REVIEWED THE PLAT AND BY THIS CERTIFICATION HEREBY CONSENTS TO SAID PLAT AND TO THE RECORDING
THEREOF. BENEFICIARY FURTHER CONSENTS TO SAID PLAT AS STATED IN THE CERTIFICATE OF DEDICATION AND
OWNERSHIP EXECUTED BY THE OWNER(S) HEREON, AND HEREBY SUBORDINATES ANY INTEREST THAT
BENEFICIARY MAY HA VE IN AND TO THE PROPERTY SUBJECT TO SUCH DEDICATION, TO THE ENTITY(IES) OR THE
GENERAL PUBUC TO WHICH SUCH DEDICATION JS .MADE.
LIENHOLDER SIGNATURE
STATE OF COLORADO )
: ss
COUNTY OF GARFIELD )
THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME
THIS DAYOF _____ ~A.D., 20 __ ~
BY ___________________________________ _
MY COMMISSION EXPIRES:
WITNESS MY HAND AND OF~Fi~C~TA=L-S~EAL~~.
NOTARY PUBLIC
SURVEYOR'S NOTES
1.) DATE OF SURVEY WAS AUGUST 19, 2020.
2.) BASIS OF BEARINGS FOR THIS SURVEY IS AN ASSUMED BEARING OF S89°48'07"E ALONG THE SOUTH LINE OF THE
SWl/4 OF THE SEl/4 OF SECTION 25, T7S, R91W BETWEEN THE Sl/4 CORNER OF SAID SECTION 25, A 3-1/4"
GARFIELD COUNTY SURVEYOR BRASS CAP AND A FOUND #5 REBAR AS SHOWN HEREON.
3.) THIS PLAT IS BASED ON:
a. WARRANTY DEED RECORDED NOVEMBER 30, 1983 IN BOOK 639 AT PAGE 667 IN THE RECORDS OF THE
GARFIEW, COUNTY, COLORADO CLERK AND RECORDER'S OFFICE.
b. RESEARCH FOR RIGHTS-OF-WAY AND EASEMENTS OF RECORD ARE BASED ON COMMONWEALTH TITLE COMPANY
OF GARFIEW COUNTY, INC. FILE NO. 1905002 DATED AUGUST 27, 2019.
c. MONUMENTS FOUND IN PLACE AS INDICATED HEREON.
4.) THE TOPOGRAPHIC LINES SHOWN ON THIS PRELIMINARY PLAT ARE FROM GOOGLE EARTH PRO DATA.
5.) NO IRRIGATION DITCHES WERE OBSERVED ON SUBJECT PARCEL.
6.) ALL DIMENSIONS SHOWN HEREON ARE RECORD AND AS-MEASURED UNLESS OTHERWISE INDICATED.
7.) ALL FOUND OR SET MONUMENTS ARE FLUSH WITH GROUND EXCEPT AS NOTED HEREON.
8.) THE LINEAL UNIT USED IN THE PREPARATION OF THIS PLAT IS THE U.S. SURVEY FOOT AS DEFINED BY THE UNITED
STATES DEPARTMENT OF COMMERCE, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.
9.) ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS
SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED
UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION
SHOWN HEREON.
SURVEYOR'S CERTIFICATE
I MICHAEL J. LANGHORNE, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE
LAWS OF THE STATE OF COLORADO, THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT OF CHENEY COUNTY
ROAD SPLIT EXEMPTION AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE
FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME, OR UNDER MY SUPERVISION, IS BASED ON MY KNOWLEDGE,
INFORMATION AND BELIEF, AND THAT IT CONFORMS WITH THE CURRENT "STANDARDS FOR LAND SURVEYS" OF THE
COLORADO AES BOARD OF LICENSURE, AS WELL AS WITH RELATED SURVEY REQillREMENTS OF CURRENT VERSIONS
OF THE COLORADO REVISED STATUTES AND THE COUNTY OF GARFIEW REGULATIONS, THIS CERTIFICATE IS NOT
INTENDED TO BE AN EXPRESS OR IMPLIED WARRANTY OR GUARANTEE OF ANY MATTERS EXCEPT THOSE STATED IN
THE PRECEDING SENTENCE AND CORRECTLY SHOWS THE WCATION AND DIMENSIONS OF THE LOTS, EASEMENTS
AND STREETS OF THE CHENEY COUNTY ROAD SPLIT EXEMPTION AS THE SAME ARE STAKED UPON THE GROUND IN
COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDWISION OF LAND.
IN WITNESS WHEREOF I HA VE SET MY HAND AND SEAL
DATE: _______ _
MICHAEL J. LANGHORNE, P.L.S. #36572
Final Plat
CHENEY COUNTY ROAD SPLIT EXEMPTION
A Parcel of Land Situate in the SEIi 4 of the SEIi 4 and in the SWll 4 of the SEIi 4 of Section 25, Township
7 South, Range 91 West of the 6th P.M.
County of Garfield, State of Colorado
I
I
I
I
I
I
I
I
I Found #5 Rebar &
Found #5 Rebar & I 1-1/4" Yellow Plastic Cap
I rStamped "SOLAR" 1-1/4" Yellow Plastic Cap
~-:..I _________ ::::._~.!!_!39'48_'11" W }__317.43' _ -~-:-___ -•-~•-@)-St_a.,m,_p~~ :s~~:-
Found# 5Reba,& ~--f(f'\,' '-.. ~
1-1/4" Red Plastic Cap "'\ I ) .. , \ ::arr::~~~1;:;.;i.;:"2~::~ce Comer Fence, Barbed e (Typical) /j (;.
\
l
~ l f ~ fl
Lot 1
18.312±Acres \ //
if
If
. d ll Dirt Roa 1,
Non-Exclusive Access Easement~ 11 1ll I Reception No. 919129 ?Z Q
Centerline, Varying Widths
N8~'46"W 1320.66' l ·_::_-___ -_7::t::· --~~=~-;:=-·1-·::1::'.~·: -~::--
,15. 0' Ingress and Egress Easement
Book 639, Page 667
Lot 2
21. 946± Acres
Found # 5 Rebar
a:,
"" Gi
IO
~
1-..
!')
ti) c:,
0 c:,
(
c:,
;a,;
l
l ~ ,,-_.:-;/· ~ S 89'28'29" E s,. i'--= I/ 18.37' \_ _
South 1/4 Come,S::~fon25 Basis of Bearing~ 89'48'07" E 1316.43' ~=;;;;..;_i -;.-~D-.... ,
Found#6Rebar&3-1/4" r Eastl/16Comer Southeast Comer Section 25
Found 2-1/2" USGLO Brass Cap
on 1 "Iron Pipe, 1 'Above Ground I I
Garfield County Surveyor Between Sections 25 and 36
Brass Cap, 6" Above Ground ,,,....,,,----. Found #5 Rebar
Stamped "1/4 S25 S36 Upgraded to 3-1/4" Aluminum Cap
1 979 Solar Country on # 6 Rebar, Flush
Stamped "S25 S36 1922"
LS 14111" Stamped "BOOKCLIFF SURVEY
El/ 16 S25 S36 PLS 36572 2020"
COUNTY PLAT NOTES
T. NOXIOUS WEEDS.
CONTROL OF NOXIOUS WEEDS IS THE RESPONSIBILITY OF THE PROPERTY OWNER.
U. OPEN HEARTH SOLID-FUEL FIREPLACES.
NO OPEN HEARTH SOLID-FUEL FIREPLACES WILL BE ALLOWED ANYWHERE WITHIN THE SUBDWISION. ONE NEW
SOLID-FUEL BURNING STOVE AS DEFINED BY C.R.S. 25-7-401, ET.SEQ., AND THE REGULATIONS PROMULGATED
THEREUNDER, WILL BE ALLOWED IN ANY DWELLING UNIT. ALL DWELLING UNITS WILL BE ALLOWED AN
UNRESTRICTED NUMBER OF NATURAL GAS BURNING STOVES AND APPLIANCES.
V. EXTERIOR LIGHTING.
ALL EXTERIOR LIGHTING SHALL BE THE MINIMUM AMOUNT NECESSARY AND THAT ALL EXTERIOR LIGHTING SHALL BE
DIRECTED INWARD AND DOWNWARD, TOWARDS THE INTERIOR OF THE SUBDIVISION, EXCEPT THAT PROVISIONS
MAY BE MADE TO ALLOW FOR SAFETY LIGHTING THAT GOES BEYOND THE PROPERTY BOUNDARIES.
W. RIGHT TO FARM
COLORADO IS A "RIGHT-TO-FARM" STATE PURSUANT 10 C.R.S. 35-3-11, ET. SEQ. LANDOWNERS, RESIDENTS AND
VISITORS MUST BE PREPARED TO ACCEPT THE ACTNITIES, SIGHTS, SOUNDS AND SMELLS OF GARFIEW COUNTY'S
AGRICULTURAL OPERATIONS AS A NORMAL AND NECESSARY ASPECT OF LIVING IN A COUNTY WITH A STRONG
RURAL CHARACTER AND A HEALTHY RANCHING SECTOR. THOSE WITH AN URBAN SENSITWITY MAY PERCEIVE
SUCH ACTIVITIES, SIGHTS, SOUND, AND SMELLS ONLY AS INCONVENIENCE, EYESORE, NOISE AND ODOR.
HOWEVER, STATE LAW AND COUNTY POLICY PROVIDE THAT RANCHING, FARMING AND 011-IER AGRICULTURAL
ACTIVITIES AND OPERATIONS WITHIN GARFIEW COUNTY SHALL NOT BE CONSIDERED TO BE NUISANCES SO LONG
AS OPERATED IN CONFORMANCE WITH THE LAW AND IN A NON-NEGLIGENT MANNER. THEREFORE, ALL MUST BE
PREPARED TO ENCOUNTER NOISES, ODOR, UGHTS, MUD, DUST, SMOKE, CHEMICALS, MACHINERY ON PUBLIC
ROADS, LIVESTOCK ON PUBLIC ROADS, STORAGE AND DISPOSAL OF MANURE, AND THE APPUCATION BY SPRAYING
OR OTHERWISE OF CHEMICAL FERTILIZERS, SOIL AMENDMENT, HERBICIDE, AND PESTICIDES, ANY ONE OR MORE
OF WHICH MAY NATURALLY OCCUR AS PART OF LEGAL AND NON-NEGUGENT AGRICULTURAL OPERATIONS.
X. MAINTENANCE OF FENCES, RURAL LNING, ETC.
ALL OWNERS OF LAND, WHETHER RANCH OR RESIDENCE, HA VE OBLIGATIONS UNDER STATE LAW AND COUNTY
REGULATIONS WITH REGARD TO THE MAINTENANCE OF FENCES AND IRRIGATION DITCHES, CONTROLLING WEEDS,
KEEPING LNESTOCK AND PETS UNDER CONTROL, USING PROPERTY IN ACCORDANCE WITH ZONING, AND OTHER
ASPECTS OF USING AND MAINTAINING PROPERTY. RESIDENTS AND LANDOWNERS ARE ENCOURAGED TO LEARN
ABOUT THESE RIGHTS AND RESPONSIBILITIES AN ACT AS GOOD NEIGHBORS AND CITIZENS OF THE COUNTY. A
GOOD INTRODUCTORY SOURCE FOR SUCH INFORMATION IS "A GUIDE TO RURAL LIVING & SMALL SCALE
AGRICULTURE" PUT OUT BY THE COLORADO STATE UNNERSITY EXTENSION OFFICE IN GARFIELD COUNTY.
Y. MINERAL RIGHTS.
THE MINERAL RIGHTS ASSOCIATED WITH THIS PROPERTY MAY NOT BE TRANSFERRED WITH THE SURFACE ESTATE
THEREFORE ALLOWING THE POTENTIAL FOR NATURAL RESOURCE EXTRACTION ON THE PROPERTY BY THE
MINERAL ESTATE OWNER/SJ OR LESSEE/SJ.
Z. ACCESSORY DWELLING UNITS.
ACCESSORY DWELLING UNITS ARE NOT PERMITTED IN CONFORMANCE WITH THE COMPREHENSNE PLAN DENSITY
STANDARDS.
AA. DOMESTIC DOGS.
DOGS KEPT ON THE PROPERTY SHALL BE IN A FENCED YARD OR ON A LEASH 1tJ PREVENT HARASSMENT OF
WILDLIFE.
BB. WILDLIFE-FRIENDLY FENCING.
FENCING ON THE PROPERTY SHALL COMPLY WITH THE COLORADO PARKS AND WIWLIFE SPECIFICATIONS FOR
WILDLIFE-FRIENDLY FENCING.
CC. SEPTIC SYSTEMS.
ENGINEER-DESIGNED SEPTIC SYSTEMS ARE REQUIRED WITHIN THIS SUBDIVISION.
DD. FOUNDATIONS.
ENGINEER-DESIGNED FOUNDATIONS ARE REQUIRED WITHIN THIS SUBDIVISION.
EE. IRRIGATION DITCHES
DITCH OWNER(S) RIGHTS: COLORADO STATE STATUTES 37-86-102 PROVIDES THAT ANY PERSON OWNING A WATER
RIGHT OR CONDITIONAL WATER RIGHT SHALL BE ENTITLED TO A RIGHT-OF-WAY THROUGH THE LANDS WHICH LIE
BETWEEN THE POINT OF DIVERSION AND POINT OF USE OR PROPOSED USE FOR THE PURPOSE OF TRANSPORTING
WATER FOR BENEFICIAL USE IN ACCORDANCE WITH SAID WATER RIGHT OR CONDITIONAL WATER RIGHT. ANY
IMPACT, CHANGE OR CROSSING OF A DITCH SHALL REQUIRE APPROVAL FROM THE DITCH OWNER.
MINERAL OWNERS
TO BE PROVIDED
COUNTY COMMISSIONER'S CERTIFICATE
BASED UPON THE REVIEW AND RECOMMENDATION OF GARFIEW COUNTY DIRECTOR OF COMMUNITY
DEVELOPMENT, THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COWRADO, HEREBY APPROVES
THIS EXEMPTION PLAT THIS DAY OF _____ ~ A.D., 20__, FOR FILING WITH THE CLERK AND
RECORDER OF GARFIELD COUNTY AND FOR CONVEYANCE TO THE COUNTY OF THE PUBLIC DEDICATIONS SHOWN
HEREON, SUBJECT TO THE PROVISIONS THAT APPROVAL IN NO WAY OBLIGATES GARFIELD COUNTY FOR THE
FINANCING OR CONSTRUCTION OF IMPROVEMENTS ON LANDS, PUBUC ROADS, HIGHWAYS OR EASEMENTS
DEDICATED TO THE PUBLIC, EXCEPT AS SPECIFICALLY AGREED TO BY THE BOARD OF COUNTY COMMISSIONERS
BY SUBSEQUENT RESOLUTION. THIS APPROVAL SHALL IN NO WAY OBLIGATE GARFIEW COUNTY FOR THE
CONSTRUCTION, REPAIR OR MAINTENANCE OF PUBLIC ROADS, HIGHWAYS OR ANY OTHER PUBLIC DEDICATIONS
SHOWN HEREON.
CHAIRMAN, BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
WITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD.
AITEST: __________________ _
COUNTY CLERK
TITLE CERTIFICATE
I, ------------~ AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF COLORADO, OR
AGENT AUTHORIZED BY A TITLE INSURANCE COMPANY, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO
ALL LANDS SHOWN UPON TlllS PLAT AND THAT TITLE TO SUCH LANDS IS VESTED IN
FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES (INCLUDING MORTGAGES, DEEDS OF TRUST, JUDGMENTS,
EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT), EXCEPT
AS FOLLOWS:
DATED THIS ____ DAY OF __________ ~ A.D. 20_.
TITLE COMPANY: _______________ _
AGENT
OR
ATTORNEY
COLORADO ATTORNEY REGISTRATION NO. ___ _
"l>,;.J.
0 200 400 600 -----------SCALE: 1 "=200'
LEGEND
Existing Easement ----
CERTIFICATE OF DEDICATION AND OWNERSHIP
TI-IE UNDERSIGNED, DUSTIN AND TARA CHENEY, BEING SOLE OWNER(S) IN FEE SIMPLE OF ALL THAT REAL
PROPERTY SITUATED IN GARFIEW COUNTY, COLORADO, DESCRIBED AS FOLLOWS:
WARRANTY DEED RECORDED NOVEMBER 30, 1983 IN BOOK 639 AT PAGE 667
THE SOUTH 1/2 OF THE SEl/4 OFSEl/4 OF SECTION 25AND THE SOUTH 1/2 OF THE OF THE SW 1/4 OF THE
SEl/4 OF SECTION 25, TOWNSHIP 7 SOUTH, RANGE 91 WEST, 6TH P.M.
SUBJECT TO A NON-EXCLUSIVE EASEMENT 15 FEET IN WIDTH ALONG THE NORTH AND SOUTH BOUNDARY OF
SAID PROPERTY FOR INGRESS AND EGRESS.
CONTAINING 40.258 ACRES, MORE OR LESS, HAS [HA VE/ CAUSED THE DESCRIBED REAL PROPERTY TO BE
SURVEYED, LAID OUT, PLAITED AND SUBDWIDED INTO LOTS AND BLOCKS AS SHOWN ON THIS PLAT UNDER THE
NAME AND STYLE OF CHENEY COUNTY ROAD SPLIT EXEMPTION, A SUBDWISION IN THE COUNTY OF GARFIEW.
THE OWNER(S) DO(ES) HEREBY DEDICATE AND SET APART ALL OF THE STREETS AND ROADS AS SHOWN ON THE
ACCOMPANYING PLAT TO THE USE OF THE PUBUC FOREVER, AND HEREBY DEDICATE(S) TO THE PUBLIC
UTILITIES THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED AS UTILITY EASEMENTS ON THE
ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES,
IRRIGATION AND DRAINAGE FACILITIES INCLUDING, BUT NOT LIMITED TO, ELECTRIC LINES, GAS UNES AND
TELEPHONE LINES, TOGETHER WITH THE RIGHT TO TRIM INTERFERING TREES AND BRUSH, WITH PERPETUAL
RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH LINES. SUCH EASEMENT AND
RIGHTS SHALL BE UTILIZED IN A REASONABLE AND PRUDENT MANNER. ALL EXPENSE FOR STREET PAVING OR
IMPROVEMENTS SHALL BE FURNISHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTY OF GARFIELD.
EXECUTED THIS
OWNER NAME
ADDRESS
CITY, STATE ZIP
DAYOF _____ ~A.D., 20 __ .
STATE OF COWRADO )
: ss
COUNTY OF GARFIEW )
THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME
THIS DAY OF ____ ~ A.D., 20•--~ BY ___________________________________ _
MY COMMISSION EXPIRES:-~-~-
WITNESS MY HAND AND OFFICIAL SEAL.
NOTARY PUBUC
CERTIFICATE OF TAXES PAlD
I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND ASSESSMENTS DUE AND
PAYABLE AS OF ___________ ~ UPON ALL PARCELS OF REAL ESTATE DESCRIBED ON THIS
PLAT ARE PAID IN FULL.
DATED THIS DAYOF ______ ~A.D., 20 __
TREASURER OF GARFIELD COUNTY
COUNTY SURVEYOR'S CERTIFICATE
APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS OR DRAFTING,
PURSUANT TO C.R.S. § 38-51-101 AND 102, ET SEQ.
DATEDTHIS ___ DAYOF ________ ~A.D.,20_.
GARFIELD COUNTY SURVEYOR
CLERK AND RECORDER'S CERTIFICATE
THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY,
COLORADO, AT ___ O'CLOCK _, ON THIS ____ DAY OF _______ ~A.D., 20_, ANDIS
DULY RECORDED AS RECEPTION NO. ______ _
ATTEST: ___________ _
CLERK AND RECORDER
BY: ____________ _
DEPUTY
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DATE: 9/22/20
PROJECT NO.
19062-01
SHEET
OF
Cheney Road Split Exemption
Tax Parcel Number: 2399-254-00-082
County Road 313
Dustin Cheney
Tara Cheney
3360 County Road 233
Rifle, CO 81650
Article 4-202. WAIVER OF SUBMISSION REQUIREMENTS
4-203 M)(l)(b)(5) DESCRIPTION OF SUBMITTAL REQUIREMENTS
M. Water Supply and Distribution Plan .
1. Water Supply,. For the purposes of this plan , 1 Single-Family Equivalent (SFE) shall equal 350 gallons of
water per day, regardless of the type of use.
b. 14 SFE or Fewer. Developments that require water for 14 SFE or fewer and will not be served
by a Water Supply Entity shall provide a plan that describes how the water supply will be
sufficient for build-out of the proposed development in terms of water quality, quantity,
dependability, and availability. In determining adequacy of the proposed water supply, the
following considerations shall apply in addition to requirements of the State Engineer and
County Public Health Department:
(5) For projects served by wells:
(a). A minimum 4-hour pump test shall be performed on the well(s) to
be used. The results of the pump test shall be analyzed and
summarized in a report, including basic well data (size, depth, static
water level, aquifer, etc.) pumping rate, draw down, recharge and
estimated long-term yield. The report shall be prepared by a qualified
professional with expertise in the ground water or hydrology field and
shall include an opinion that the well will be adequate to supply water
for the proposed uses. The report shall also address the impacts to
ground water resources in the area.
(b.) If a well is to be shared, an Applicant shall submit a legal well-
sharing declaration addressing all easements and costs associated with
operation and maintenance of the system and identifying the person
responsible for paying costs and how assessment will be made for those
costs.
(c.) Water quality shall be tested by an independent testing laboratory
for the following containments: alkalinity, arseni c, cadmium, calcium,
coliform bacteria , ch loride, conductivity, copper, corrosivity, fluoride ,
hardness, iron, lead, magnesium, manganese, nitrate/nitrite, pH,
sodium, sodium adsorption ratio, sulfate, total dissolved solids, uranium
and zinc. Additional testing may be required for other contaminants
that occur within the County. The results shall show that the Maximum
Contaminants Levels (MCLs), as set forth by the CDPHE within the
Colorado Primary Drinking Water Standards, are not exceeded, or the
WAIVER SUBMISSION RESPONSE :
Applicant has otherwise identified a treatment system that will bring
the water within acceptable MCLs. Annual testing for other
contaminants, and testing for secondary drinking standards including
taste, odor, color, staining, scaling, and corrosion is also recommended.
Both of these lots are "off the grid" mountainous terrain lots. These lots are rural wi lderness and are non-agricultural. If
the Cheney Road Split Exemption is not granted, w e do not intend to drill wells . We are asking to waive the dri lling of
the wells until split is approved . As soon as we get approval for the split, we intend to drill the required wells on lot 1
and Lot 2 per Garfield County regulations.
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 20, 2021
File No. 1905002.1
Property Address. TBD County Road 313, New Castle
Dustin Cheney and Tara Cheney
Email: taracc1225@gmail.com
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No. 1905002.1
1. Effective Date: July 14, 2021 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)
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:
Dustin Cheney and Tara Cheney
4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and
described as follows:
The South ½ of the SE¼ of SE¼ of Section 25 and the South ½ of the SW¼ of the SE¼ of Section 25,
Township 7 South, Range 91 West, 6th P.M.
Subject to a non-exclusive easement 15 feet in width along the North and South boundary of said property
for ingress and egress.
TITLE CHARGES
Updated $75.00
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. 1905002.1
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.
1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will
obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or
Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company.
4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly
authorized, executed, delivered, and recorded in the Public Records.
This is an informational only commitment and no policy will be issued hereunder.
5. 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. 1905002.1
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 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 way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded December
21, 1923 in Book 112 at Page 397 as Reception No. 85443.
10. Any and all oil, gas and mineral rights, reservations, leases and title including, but not limited to Overriding Royalty as reserved by James
F. Sanders in deed recorded October 4, 1943 in Book 207 at Page 575 and any and all assignments thereof or interests therein.
11. Right of way for County Road 313 as same crosses subject property.
12. Reservation of all oil and/or gas and all oil and/or gas rights in instrument recorded August 14, 1946 as Reception No. 158224 and any and
all assignments thereof or interests therein.
13. Conveyance of an undivided one-half interest in and to all oil, gas and other minerals and mineral rights in instrument recorded January 12,
1967 as Reception No. 236792 and any and all assignments thereof or interests therein.
14. Terms and conditions set forth in License recorded February 9, 1968 as Reception No. 240107.
15. Garfield County Resolution No. 80-133 recorded July 9, 1980 as Reception No. 305475.
16. Easement reserved by Rifle Land & Cattle as described in Warranty Deed recorded November 30, 1983 as Reception No. 347788.
17. Easement granted to Jeffrey M. Randall in instrument recorded April 12, 2019 as Reception No. 919129.
18. Any loss, claim or damage due to the location of fences.
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.
~~ COLORADO
~ ~ Division of Water Resources
,a Department of Natural Resources
ORIGINAL PERMIT APPLICANT/SJ
DUSTI N CHE NEY
WELL PERMIT NUMBER 322872•
RECEIPT NUMBER 10013878
APPROVED WELL LOCATION
Water D ivision: 5
Designated Basin:
Management D istrict
County:
Par cel N ame:
Water D istrict: 45
NI A
NI A
GARFIELD
NI A
Physical Address: T BD COU NTY R OAD 313 NEW CASTLE,
co 81647
SH 112 SE 114 Section 2 5 Township 7 .0 S Range 91 .0 W Sixth P.M.
We ll to b e constructed on speci fi ed tract of land
PERMIT TO CONSTRUCT A NEW WELL
ISSUANCE OF THI S PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This we ll shall be u sed in su ch a way as to cause n o mater ia l i njury to exi stin g water r i ghts. The issuan ce of th i s perm i t does not
ensure that no i njury will occur to another vested water righ t or preclude another owner of a vested water right from seek i ng
rel i ef in a civil co urt acti on.
2) Th e constru ctio n of t his well shall be i n compli an ce with t he Wate r We ll Construction Ru les 2 CCR 402 -2 , un l ess approva l of a
var i ance has been gra nted by t h e State Boa rd of Exami ners of Wate r Well Constructi on and Pu mp I nsta l lation Contractors in
accord ance w i t h Ru le 18.
3) Approved pursuant to CRS 37-92-602(3)(b)(ll)(A) as t he on l y well o n a tract of l and of 40.00 acr es described as t he S 1/2 of t he S
1/2 of t he SE 1 /4, Sec. 25, Twp. 7 S, Rng. 91 W, S P.M., Ga r fie l d County.
4) The use of gro undwater f rom t his well i s li mi ted to fir e protection, o rd inary househ ol d purposes i nside not more tha n three (3)
singl e family dwellings, t he wate r ing of pou l try, domesti c ani mals and l i vestock o n a far m o r ra nch and t he i rri gation of no t
more t han o ne (1) acre of home gard ens and lawns.
5) Th e pumping r ate of t his well shall not exceed 15 GPM.
6) Th e r eturn flow f rom the use of t hi s we ll must be t hroug h an i nd ivi dual wastewate r disposa l system of t he non -evaporati ve type
where t he wate r is r eturn ed to t he same str eam system i n which t he well is l ocated.
7) Pursuant to Ru l e 6.2 .3 of t he Water We ll Constructi on Ru l es, t he well constru ction co nt r actor shall submi t t h e as-bu il t well
location on wo rk reports requ i red by Ru l e 17.1 w i t hi n 60 days of compl eti on of t he well . T he measured l ocati on mu st be
acc urate to 200 feet of t he actu al locati on. Th e l ocati on i nfo r mation m u st i nclud e a GPS location (UTM coord i n ates) pursuant to
the Divi si on of Wate r Resou rces· guidelines.
NOTE : Pe r mi t no . 322874 was previ ousl y issued fo r t hi s t r act of l and .
NOTE : Parcel I denti fication Nu mber (PIN): 23-23 99 -25 4-00-082
NOTE : Assessor Tax Sched ul e Nu mber : R023293
NOTE : T hi s penni t wi ll expi re o n t h e expiration date un l ess the well i s constru cted by t hat date. A Well Co n struc tion and Yie l d
Est i mate Repo r t (GWS -31 ) m ust be submi tted to the Divi sio n of Wate r Reso urces to ve r i fy t he wel l has been co nstru cted. An
extensi on of t h e expir ation date may be avai la bl e. Co ntact t he DWR for add i tional infonnati on o r r efer to the extensio n r eq uest
fo r m (GWS-64) ava i la ble at dwr.colo rad o.gov
Date Issued: 7 /20/202 1
Issued By DWI GHT WH ITEHEAD
Expiration Date: 7 /20/2023
Pr in t ed 07·20·2021 For quest ions about th is permit call 303.866.3581 or go to www.wa ter.sta te.co.us Page 1 of 1
COLORADO
Division of Water Resources
Department of Natural Resources
ORIGINAL PERMIT APPLICANT/SJ
DUSTI N CHE NEY
WELL PERMIT NUMBER
RECEIPT NUMBER
APPROVED WELL LOCATION
Water D ivision: 5
Designated Bas in:
Management District
County:
Par cel N ame:
Water District: 45
NI A
NI A
GARFIELD
NI A
322874-
10013879
Phys ical Address: T BD COUNTY R OAD 313 NEW CAST LE , CO
81647
SH 112 SE 114 Section 2 5 Township 7 .0 S Range 91 .0 W Sixth P.M.
We ll to b e constructed on speci fi ed tract of land
PERMIT TO CONSTRUCT A NEW WELL
ISSUANCE OF THI S PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This we ll shall be u sed in su ch a way as to cause n o mater ia l i njury to exi stin g water r i ghts. The issuan ce of th i s perm i t does not
ensure that no i njury will occur to another vested water righ t or preclude another owner of a vested water right from seek i ng
rel i ef in a civil co urt acti on.
2) Th e constru ctio n of t his well shall be i n compli an ce with t he Wate r We ll Construction Ru les 2 CCR 402 -2 , un l ess approva l of a
var i ance has been gra nted by t h e State Boa rd of Exami ners of Wate r Well Constructi on and Pu mp I nsta l lation Contractors in
accord ance w i t h Ru le 18.
3) Approved pursuant to CRS 37-92-602(3)(b)(I ) for uses as described in CRS 37-92-602(1)(f). Use of t his well i s li mi ted to
mo nitor in g water l evels and /or water qua l i ty sampl in g. Th is well i s kn own as Cheney Mo ni tor ing/Observation We ll no. 1 .
4) This well m ust be eq ui pped w i t h a l ocki ng cap o r sea l to preve nt we ll co n tami nati on or possi bl e haza rd s as an open we ll. The
well must be k ept capped and l ocked at all t imes except during sampl ing o r measurin g.
5) Reco r ds of water l evel measureme nts and water qual i ty analyses shall be ma i ntained by t he well own er and subm i tted to t he
Divi sio n of Water Reso urces upon req uest.
6) Upon co nclusi on of t he mo ni tor in g program t h e we ll owner shall plug t hi s we ll in accord ance w i t h Ru l e 16 of t h e Water Well
Co nstruc tion Rul es. A We ll Abandonment Repo r t must be compl eted and submi tted to t he Divi sio n of Wate r Resources withi n 60
days of pl uggi n g.
7) The owner sha ll mark t he wel l i n a co nspicu ous l ocation wi t h t he wel l perm i t number and name of aqu i fer as appropr iate, and
sh all take necessary means and precauti ons to preserve these ma rki ngs.
8) Th is we ll m ust be co nstru cted b y or und er t h e supe rvi sio n of a l ice nsed we ll driller o r other auth or ized ind i vid ual acco rd ing to
the Wate r We ll Constructi on Ru l es. If non-stand ard co nstruc tion i s an t i cipated , a va r ia n ce req uest must be submi tted i n
accord ance w i t h Ru le 18 and approved prior to well co nstruc tion .
9) A We ll Constructi on and Yi eld Estimate Repor t (Form GWS-31 ), incl ud ing lithol ogi c l og must be submi tted by t h e i nd ivi dual
aut horized to co nstru ct t he well . Fo r non-sta nd ard constructi on, t he r epo r t must includ e an as-built drawing showing deta i ls
such as depth, casi ng, pe r for ated zo nes, and a descri p tion of the gro uting type and interval.
10 ) Pursuant to Ru l e 6.2 .3 of t he Wate r We ll Constructi on Ru l es, t he we ll constru ction co nt r actor shall submi t t h e as-bu il t we ll
location on wo rk r epo r ts requ i red by Ru l e 17.1 w i t hi n 60 days of compl eti on of t he well . T he measured locati on mu st be
acc urate to 200 feet of t he actu al locati on. T he l ocati on i nfo r mation m u st i nclud e a GPS location (UTM coo rd i n ates) pu rsuant to
the Divi si on of Wate r Resou rces· guide l ines.
NOTE : I ssuan ce of t his permi t does no t gu ara ntee t hat t hi s well can be conver ted to a production well und er a f ut ure perm it.
Add i tionally, pursuant to Ru l e 1 4.2 of t he Wate r We ll Co n struction Ru les (2 CCR 40 2-2 ), mo ni toring hol es constructed pursuant
to a moni toring hol e no t i ce sh all not be conve r ted to a production we ll . (Upon o btaini ng a perm i t from t he State En gi neer , a
mo nitor in g hole may be co n verted to a mo ni tor in g wel l , r ecovery wel l fo r r emed i ati on of t he aqu i fer , o r a dewateri ng system
fo r dewateri ng t he aq ui fe r .)
NOTE : Per mi t no . 3228n was previ ousl y issued fo r t hi s t r act of l and .
NOTE : Parce l I denti fication Nu mber (PIN): 23-23 99 -25 4-00-082
Pr in t ed 07·20·2021 For quest ions about th is permit call 303.866.3581 or go to www.wa ter.sta te.co.us Page 1 of 2
WELL PERMI T NUMBER 322874-RECEIP T NUMBER 10013879
NOTE : Assessor T ax Schedule Nu mber : R023293
NOTE : Thi s perm i t wi ll expi re o n t h e expir ation date unl ess th e well i s constru cted by t hat date. A Well Co n struc tion and Yie ld
Est i mate Report (GWS -31 ) m ust be submi tted to th e Divisio n of Water Reso urces to ver i fy t h e well has bee n co nstru cted . A n
extensi on of t h e expir ation date may be avai labl e. Co ntact t he DWR fo r add i tional informati on or r efer to th e extensio n r equest
fo r m (GWS-6 4) ava i labl e at dwr.col orado.gov
ryh "-"2.,'°~
Date Issued: 7 /20/202 1
Expiration Date: 7 /20 /2023
Issued By DWIGHT WH ITEHEAD
Pr in t ed 07·20·2021 For q uest ions about th is permit call 303 .866.3581 or go to www.wa ter.s tate.co.us Pa ge 2 of 2
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7750 772576757700 765076507675Found # 5 RebarN 89°21'46" W 1320.66'15.0' Ingress and Egress EasementBook 639, Page 66715.0' Ingress and Egress EasementBook 639, Page 667East 1/16 CornerBetween Sections 25 and 36Found #5 RebarUpgraded to 3-1/4" Aluminum Capon #6 Rebar, FlushStamped "BOOKCLIFF SURVEYE1/16 S25 S36 PLS 36572 2020"Southeast Corner Section 25Found 2-1/2" USGLO Brass Capon 1" Iron Pipe, 1' Above GroundStamped "S25 S36 1922"County Road No. 313Centerline, Varying WidthsN1/2 of the S1/2 of the SE1/4Book 1545, Page 305Lot 221.946± AcresL1L2C1C2L3L4S 89°28'29" E18.37'1299.66'S 89°28'29" E 1318.03'Basis of Bearing S 89°48'07" E 1316.43'Found #5 Rebar &1-1/4" Yellow Plastic CapStamped "SOLAR"Approx. Top Of Bank LocationBuilding AreaProperty Line (Typ.)35' Edge Of Bank Setback8000
80257700 Slopes TableNumber123Minimum Slope0.00%20.00%30.00%Maximum Slope20.00%30.00%741.33%ColorLot 2 Building Area(1.769 Acres)Graphic ScaleIn Feet: 1" = 50'02550100NSWEC1Slope AnalysisOf 1 Pages01 Road Split Exemption Slope Analysis 08.16.2021 VJT
#Description Date Drawn By
Cheney County Road Split Exemption
Garfield County, Colorado 610 Colorado AvenueCarbondale, CO 81623(970) 510 - 5312VJT
Reviewed By
Not For ConstructionJob #: 21.25
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