Loading...
HomeMy WebLinkAbout1.00 ApplicationTABLE OF CONTENTS  GARFIELD COUNTY PARCEL #212736300003  TBD CTY RD. 233 or CATTLE DRIVE  Amended Final Plat for Antlers Orchard Development Company’s  Plat NO.1 Tracts 38, 39, 40, and 43 and   Boundary Line Adjustment of the S1/2NW1/4SW1/4 in the SW1/4 of  Section 36, TS 5S, R 92 W of the 6th P.M.    1. General Project Description  2. Division of Land Application Form  3. Payment Agreement Form  4. Copy of Application Check Payable to Garfield County Treasurer ($100)  5. Pre‐Application Summary  6. Preliminary Survey for Amended Antler Orchard Subdivision and Boundary Line Adjustment  with Vicinity Map  7. Updated Title Commitment  8. Mineral Owner Certification  9. Adjacent Property Owners Within 200 Feet  10. Letter Explaining notice  11. Statement of Compliance for Relevant Article 7 Topics  12. Colorado River Engineering Access Review  13. Colorado River Engineering Completion Review  14. Verification of no ditch company irrigation ditches running through property  15. Waiver Request for Section 4‐202.C of the LUDC  16. Letter from West Divide Conservancy District  17. Copy of the Well Permit  18. Copy of Shared Well Agreement  19. Copy of the Special Warranty Deed  20. Copy of the Declaration of Easements and Road Maintenance Agreement  General Project Description Amended Final Plat for Antlers Orchard Development Company's Plat N0.1 Tracts 38, 39, 40, and 43 and Boundary Line Adjustment of the S1/2NW1/4SW1/4 in the SWl/4 of Section 36, TS ss, R 92 W of the 6 th P.M. Applicant (Wayne H. Pollard) currently owns a parcel of agricultural ground in rural Garfield County, Colorado . The property is identified as parcel # 212736300003. Applicant wishes to do an amended plat, allowing the applicant to preserve as much agricultural ground south and east of County Road 237 as possible. In doing so, the applicant shall reduce the size and configuration of the current AOD Tracts 38, 39, 40 and 43 lying within the irrigated land south and east of County Road 237 and locate them on the hillside north and east of the irrigated land. The adjustment will keep the Antlers Orchard Tracts located within the existing Antlers Orchard Development Final Plat and will not create any additional parcels. The tracts will only be reduced, allowing for the irrigated land lying within the existing plat to be added to the southern parcel preserving it for agricultural purposes. Applicant desires Garfield County Community Development to consider the Amended Final Plat of the Antlers Orchard Development Tracts 38, 39, 40, and 43 and the Boundary Line Adjustment for approval. Wayne H. Pollard, Applican t Community Development Department 108 8th Street, Suite 401 RECEIVE Cli 1enwood Springs, co 81601 /' • ') j\ r .~ (970) 945-8212 ·Uc 1. u t,,;. I www.garfield-county.com GARFIELD COUNTY DI V ISION S OF LA N D APP LI CA TION FORM CO MMU1Nlfv~E VQ~{jfrHIVISION/EX EMPTION ___ -· _________ -·····-- □ Minor Sub division D Preliminary Plan Amendment ---. D Major Subdivision [!:] Final Plat Amendment · D Sketch0Preliminary0Fin;;i -D Common lnter~st Community Subdivision 1_0 Conservatio-n Sub~0sion ·· . D Publi ~/County Road Spli t Exemp t io n _ ·-◄ D Yield □Sketch 0Preliminary0Final D Rural Land Development Exemption -□ Time-Ext~nsi o n --_-_ ---=--=.-=. t::r Basic -Correctio~ Exemption -=-- INVO LV ED PARTI ES Owner/ Applicant Name: Wayne H. Pollard Mailing Address: 6448 Cty Rd 233 Phone: (970 }379-2506 City: Silt State: CO Zip Code: _8_1 _65_2 ____ _ E-mail: wayne@mountainlivestock.com Representative (Authorization Required) Name: __________________ Phone:'~--______ _ Mailing Address: _________________________ _ City: ______________ State: ___ Zip Code: ______ _ E-ma il: ----------------------------- PROJECT NAME AND LOCATION ,P roject Na-;e: AJ11tl j)jll?" l}--~-e_M_d~/'1 e,J :f-fy;(.. ~--;;c.,fi ·3F;~ Y~-f Y-3 . o,.P. 7?1c:-191(.)./-/CA.£ Q~A@? .Ue=-ve/4or1e.-iJI 7 Assessor's Parcel Number: ..dJ.-L..d..:}_ -_3_6..,? -..Q...Q..-_Q__Q._3_, · Physical/Street Address: 7.8 L) Cly i J d)3? OIL C A:?;Z'LF UJ2 l vG° Legal Description: _________________________ _ Tracts 38, 39, 40, and 43 of the Antlers Orchard Development Company Zone District: General Rural Property Size (acres): _4_0 _____ _ ~Project Description ---__ _ 1 Existing Use: Production of Hay, Pasture, and Cattle Operation Proposed Use (From Use Table 3-403): General Residential District/ Single unit per legal lot Description of Project: Amend the Final Plat to reduce the size and location of Tracts 38, 39, 40, and 43 within the existing Antlers Orchard Development Final Plat. This is to preserve the effectiveness of the existing agricultural operation. Proposed Development Area Land Use Type # of Lots Single !amily 4 Duplex Multi-Family Commercial Industrial Open Space_ · Other Total REQUE ST FOR WAIVERS 4 # of Units 4 4 -~-~ -------- Submission Requirements Acreage 40 40 Parking □ The Applicant requesting a Waiver of Submission Requirements per Section 4~202. List: Section: _____________ Section: ______________ _ Section: Section: ---------------------------- Waiver of Standards D The Applicant is requesting a Waiver of Standards per Section 4-118. List : Section: _____________ Section:-------------~- Section: _____________ Section: ______________ _ -! I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. Signatff::r&f:--&L Date w/ ,----- File Number:£ .f. A. A_ -.l J. S' _L Fee Paid: $ I O O , U PAYMENT AGREEMENT ·FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") __________ _ _ W_a_y.._n_e_H_._P_o_l_la_r_d ______________________ agree as follows: l. The Ap_elicant has submitted to the County an application for the following_Project: Ame nd Final Plat for Tracts 38, 39, 40, and 43 of the Antlers Orchard Development 2 . The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person: Wayne H. Pollard Phone : ( 970 1379-2506 Billing Contact Address: _6_4_4_8_C____;;ty_R_d_2_3_3 ________________ _ City: Silt State: CO Zip Code: 81652 ------- Billing contact Email: wayne@mountainlivestock.com Printed Name of Person Authorized to Sign: _W_a_y_n_e_H_._P_o_ll_a_rd ____________ _ 1 Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE-APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 212736300003 DATE: March 4, 2020 OWNER: Wayne Pollard PRACTICAL LOCATION: 6875 County Road 233 Silt, CO 81652 TYPE OF APPLICATION: Amended Final Plat for Antlers Orchard Subdivision I. GENERAL PROJECT DESCRIPTION February 12, 2021 Update: The applicant indicated that the plan is still the same from the original proposal. Staff reviewed the application and indicated that based on the relocation of lots and topography the application will be referred to the Colorado Geological Survey (CGS), who will review for potential hazard issues. This requirement will include an additional review fee from CGS. The applicant is proposing to adjust the lot lines of four Antlers Orchard Tracts (40, 39, 38, and 43). The applicant has indicated that the goal of the adjustment is to preserve a large existing agricultural property and to decrease the overall acreage of the existing parcels. The applicant may apply for an Amended Final Plat to adjust the lot lines. However, the applicant should note that any adjustment of lot lines must be confined within the Antlers Orchard Subdivision. Lots are not permitted to be mo ved from Antlers Orchard platted land. Additionally, the applicant’s survey and final plat must show all lots and parcels that are involved. The final plat should indicate that there is legal access to all parcels. Because the applicant is proposing to access the property off an existing road rather than the platted 1908 easement, additional information will be required at the time of submittal. The applicant should supply an analysis from a professional engineer of the existing road from County Road 233 to the proposed lots. This analysis should address items in Section 7 -107 of the Land Use and Development Code, including the Roadway Standards. =e; Garfield County 2 Additionally, because the proposed access crosses a waterbody, the applicant should supply a report from a Professional Engineer that provides: a review of existing floodplain information for the area, a statement of the impact of the proposed road construction, the size of the culvert that is required to be installed, any other relevant information to ensure that the crossing complies with Section 7-107 of the Land Use and Development Code for adequate and safe access. Additional information may be required once Staff reviews the Engineering Report. The applicant’s proposal will relocate the lots to an area whe re slopes could be a potential concern. The applicant should supply topographic information for the new lot areas, specifically with regards to areas over 20 and 30 percent slopes. Staff notes that a survey and plat of all involved lots is required as part of the submittal. This includes any lot that will be affected by the proposed Amended Final Plat. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Garfield County Land Use and Development Code, as amended (LUDC) - Sections: • Garfield County Comprehensive Plan 2030 • Garfield County Land Use and Development Code, effective July 15, 2013 • Amended Final Plat (5-305), following Administrative Review (Section 4-103) • Table 4-102, Common Review Procedures and Required Notice; • Table 5-401, Application Submittal Requirements III. SUBMITTAL REQUIREMENTS Please refer directly to Table 4-201 and the list of General Application Materials in section 4-203.B. These application materials are generally summarized below: ▪ Application Form (Signed by the property owner) ▪ General Description of the request outlining the reason for the Amended Final Plat. o Should include a description of how the applicant is addressing legal water supply to the properties. ▪ Ownership Documentation (deed for all parcels) and title information indicating if there are any lien holders and/or encumbrances (title commitment for platted lots) ▪ Statement of Authority (if an LLC or Corporation) and Letter of Authorization, as necessary. ▪ Letter of Representation if there will be other representatives besides the owner ▪ Fee Payment and Payment Agreement Form ▪ Pre-Application Conference Summary ▪ Names and addresses of all property owners within 200 feet of subject parcels and all mineral owners of the subject parcels). ▪ Vicinity Map ▪ Improvements Agreement (may be waived upon request) ▪ Engineers Report for Road Access 3 ▪ Final Plat - Consistent with Section 5-402F, plat should include improvement location information adequate to confirm that no new nonconforming conditions will result from the proposal – this includes topography for the new lot locations. o The numbering of lots should remain the same as currently platted o The Final Plat must include all affected lots o A Boundary Line Adjustment will need to be recorded concurrently with the Amended Final Plat ▪ Code, Covenants, Restrictions (if applicable, book and page or reception number needs to be referenced on the plat) ▪ CGS referral document and check ▪ The request should be consistent with all applicable provisions of Article 7, Divisions 1, 2, 3, and 4. The Application should include at a minimum representations that the amendment will not result in any changes to drainage, access, utility services, and any other applicable Subdivision and Article 7 topics. IV. APPLICATION REVIEW Public Hearing(s): _X_No Public Hearing (Directors Decision with notice per code) ___ Planning Commission ___ Board of County Commissioners ___ Board of Adjustment Referral Agencies: May include but not limited to: Garfield County Surveyor, Garfield County Attorney, Garfield County Building Department, and Garfield County Road and Bridge V. APPLICATION REVIEW FEES Planning Review Fees: $100 Referral Agency Fees: $ TBD (County Engineer, CGS, & Surveyor) Total Deposit: $100 (additional hours are billed at hourly rate of $40.50) Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre-application Summary Prepared by: February 12, 2021 Patrick Waller, Planner Date 4 Garfield County Amended Final Plat Review Process (Sectio n 5-305) Slcp 1 : Prc-appllcaUon Confc1rnC1: •Appllcant ha s 6 mot'Jths to submit appticatron Step 2: ApplrcaUon Submittal St~p 3: Completeness Review • 10 business days to review •Ir fnco rnpl•t•, 60 div:, i:o remodv doflciencitt Step 4 : Sc.hedule Decision Date and Provide Notlce •M ailed to adjacen t property owners within 200 feet and m ineral owMJs -at least 1S days p<ior to decision da te Stt-p 5: Referral •21 day comment period Step 6: Ev~lutlon by Director •C.:i ll •up Pe riod • within 10 days of Directors Oedslon •flnal Plat must be s igned by the OOCC a nd be recorded within 10 business days of approval. 5 ' ' . . ' e Garfield Coun L] MEMORANDUM TO: Stsff FROM, DATE: RE: Couruy Attorney's Office Jllf'lo: 24, 2014 Mineral lnte!est Rcsc8..'<:h Mineral imcl1S$ maf be l!~r«I from swfaoc right inieres.ts I~ rail property. Colors& rtvised smute 24-65.5•1 OJ ,~quires ootitication to ~in~ritl owner.s wbc-o a lando~r aprlie:, for a land u:1e -tesignMion by a IIXal SO\'i?nlt11en1. As ~ucfl. tlx-landowner must tc~earcb the euncot OV.'JtCl'!i ofmiuml intc1.!~ for thi: pn.-.pertf, The Gatfcld Cowuy l.snd 0~ and Dc,'Cfopment Code of 201 ) c-LUDC'1 Sc~ion 4- IOJ(E)(l)(h)(4) ro:quire:; 'fYritteTo nocioe I·:> owners of mfrleral inletests in the subject 1)1bp:'rt}' '"s such ownQ's CM be identified thtough Ole ,~1.,,1-b in the office of the Clerk :ind Reco rder or AssC"$Sot, or tlu-ougb otltcr means." It is !he duty oflbc applicL'U to 1to<ify mineral interc.s( O\\ne:JS. The followi11Q i:1 o s~cstcd process to ~arch mi1-,e,al iiiteRsl:s: I. Rc\·iew tbc-cui·xm o"ner:<hip deed for the property (i.e. W.11rr.ir.1y Deed. Spcci31 Wsrranty, Qui1 C l:ii.m. Ibd or Ba:g.ain and Sak Deed-NOT tt Docd of Tr1t:.t}. The nwnnA!ip d~ is usu:aUy one or two pases. 1$ ll1ert a rtservatioo of mine,sl inl...,.~sl:s on lhc ownership docd? Are tJic,e :my ~oi:plioos lo lltlc1 A dco.1 m:ty include n list of ttSCl\'ation, thst rcftn:n<:t mioern.l owners or oil and r;as Jea,es. 2, RC',iew )'OUI title. instwncc polity. Arr:. then:. cxocptioos to tide li.$1ed und~ &-bedule B- Ii? If so, 1,wi-ew fo, mi11~n1\ intai:sts tbnt we,c rc1tervcd and oi l .iod gos leases. ). Chcct. with the Assessor•~ ()ffi<:e lo delmnioe if a ruincral ioleml t..,s boeo rcsm•cd liom lbe suli;j,ecc properly. The Anessc,r•s office no k1n8.er dowmcots th: mjn-:,-,d rcscrvatioo q,-netsrup for its 1ax 1011 reoo1ds uni~ owoem:tip bu been pro~n. There ~ only a Jtmited number ofmlner.d 6'4'1krs who have PfOYided 1UC:h lnfocm.itioo 10 the Assessot's office SG lhis may r.01 provide ao;· information, depcooirig oo ;·our pro,perty. 6 ,:.. 'MEMO June 24, 2014 Page2 4. Research the legal description of the subject property with the Clerk and Recorder's computer. You can search the Section, Township, and Range of the subject property. You may find deeds for mineral interests for the subject property. 5. Research whether a Notice of Mineral Estate Ownership was filed for the subject property. On the Clerk and Recorder's computer, search under Filter (on the right hand side of the screen), General Recordings, Notice of Mineral Estate Ownership for the subject property. 6. If you find mineral interest owners as reservations on your deed, listed in your title insurance policy, from the Assessor's records or the Clerk and Recorder's computer, you need to determine whether these mineral interests were transferred by deed and recorded in the Clerk and Recorder's office. 7. Enter the name of the mineral interest owner as the Grantor in the Clerk and Recorder's computer to see if the mineral interest was transferred. If you find a transfer deed, you need to repeat this process to follow any transfer of the mineral interest to present day. 8. Include a description of your research process in your application and the name(s) and address(es) of the current mineral interest owner(s). Mineral interest research can be a difficult and time consuming process. If you are unable to determine mineral rights ownership by yourself, consider hiring an attorney or landman. Attorneys and landmen specialize in determining mineral rights ownership, but they charge a fee for their services. Amended Final Plat of Tracts 38, 39, 40 and 43 ANTLERS ORCHARD DEVELOPMENT COMPANY'S PLAT NO. 1 Situated in the SWl/ 4 of Section 36, Township 5 South, Range 92 West of the 6th P.M. County of Garfield, State of Colorado CONTOURS LINES SHOWN HEREON WERE OBTAINED FROM GOOGLE EARTH DATA. TSSR 2W T6S 92W nty Road M . 233 Sectwn4 Vici.nity Map Scale: l "=2000' TITLE CERTIFICATE I,-----------~ AN ATTORNEY UCENSED TO PRACTICE LAW IN THE STATE OF COLORADO, OR AGENT AUTHORIZED BY A TITLE INSURANCE COMPANY, DO HEREBY CERTIFY THAT I HA VE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS 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 ____ DAYOF __________ ~A.D. 2019. TITLE COMPANY: _______________ _ AGENT OR ATTORNEY COLORADO ATTORNEY REGISTRATION NO. ___ _ SURVEYOR NOTES 1.) DATE OF SURVEY WAS MARCH 2021. 2.) BASIS OF BEARINGS FOR THIS SURVEY IS AN ASSUMED BEARING OF N89°18'57"E ALONG THE EAST-WEST CENTERUNE OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 92 WEST 6TH P.M. BETWEEN THE WEST 1/ 4 CORNER, A #6 REBAR AND 3n ALUMINUM CAP STAMPED "Wl/4 S36LS 13501" AND THE CENTER WEST 1/16 CORNER, A #6 REBAR AND 3-1/4" ALUMINUM CAP STAMPEDWwl/16 S36 PLS 36572" AS SHOWN HEREON. 3.) THE PURPOSE OF THIS AMENDED PLAT IS TO ADJUST THE BOUNDARY UNES OF TRACTS 38, 39, 40 AND 43 OF ANTLERS ORCHARD DEVELOPMENT COMPANY'S PLAT NO. 1 TO BETTER FIT THE EXISTING TOPOGRAPHY AND TO ADJUST THE FORTY-FIVE FOOT ACCESS AND UTILITY EASEMENT RECORDED AS RECEPTION NO. ______ TO CONNECT WITH THE FORTY-FIVE FOOT ACCESS AND UTILITY EASEMENT CREATED WITH THIS PLAT. 4.) IRRIGATION DITCHES ARE NOT SHOWN PER OWNER'S REQUEST. 5.) THIS AMENDED PLAT IS BASED ON: a. ANTLERS ORCHARD DEVELOPMENT COMPANY'S PLAT NO. 1, RECORDED AS RECEPTION NO. 3748B. b. AMENDED FINAL PLAT TRACTS 23, 25 AND 26, ANTLERS ORCHARD DEVELOPMENT COMPANY'S PLAT NO. 1 RECORDED AS RECEPTION NO. 926B31. c. THE BOUNDARY SURVEY A&E DIEMOZ LLLP RANCH, DEPOSITED IN THE GARFIELD COUNTY, COLORADO SURVEYOR'S LAND SURVEY PLATS ON APRIL 2, 2010ASDEPOSIT NO, 839. d. RESEARCH FOR RIGHTS-OF-WAY AND EASEMENTS OF RECORD ARE BASED ON ________________ _ e. MONUMENTS FOUND IN PLACE AS INDICATED HEREON. 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 11-lIS 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 11-lIS 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 TI-lE LAWS OF THE STATE OF COLORADO, THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE AMENDED FINAL PLAT OF TRACTS 38, 39, 40 AND 43 ANTLERS ORCHARD COMPANY'S PLAT NO. 1 AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT ACCURATELY REPRESENTS A SURVEY, PERFORMED 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 COWRADO AES BOARD OF LI CENSURE, AS WELL AS WITH RELATED SURVEY REQUIREMENTS OF CURRENT VERSIONS OF THE COLORADO REVISED STATUTES AND THE COUNTY OF GARFIELD 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 LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF THE AMENDED FINAL PLAT OF TRACTS 38, 39, 40 AND 43 ANTLERS ORCHARD COMPANY'S PLAT NO. 1 AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WITH APPUCABLE REGULATIONS GOVERNING THE SUBDNISION OF LAND. .11.1 IN WITNESS WHEREOF I HA VE SET MY HAND AND SEAL ~ DATE: MICHAEL J, LANGHORNE, L,S. #36572 Lot 20 Asgard Subdiuision, Fl Reception No. 250130 West 1/ 4 Comer Section 36 Found #6 Rebar and 3" Aluminum Cap Stamped Wl/4 S36 LS No. 13501 5u under Asphalt Parcel 3 Laura Lee Subdivision Reception No. 346837 Parcel 3 Laura Lee Subdivision Reception No. 346837 f' -------------,g I" Parcel 4 I Laura Lee Subdivision Reception No. 346837 'Rig t-of-Wa tion No. 37 88 rption No. 7488 to e Combine with S /2NW1/4S 1/4 Tract 26 Amended Final Plat Tracts 23, 25 & 26 Antlers Orchard Development Company's Plat No. 1 Reception No. 926831 60.0' Right-of-Way Reception No. 37488 Reception No. 3 B ombined with I i I I I l I I I I Tract 27 Antlers Orchard Deuelopment Company's Plat No. 1 Reception No. 37488 Center West 1/ 16 Comer Section 36 Set 30n #6 Rebar and 3-1/4" Aluminum Cap Flush S36 P. S --' I I I : I ! I , Tract 28 Antlers Orchard Development Company's Plat No. 1 Reception No. 37488 ~ /I ~ 40.0' Access & Utility Easement \._ ~ i .....--Reception No. 919589 iT:i-------------------------------------------- 60.0' Right-of-Way Reception No. 37488 Tract 37 tlers Orchard Development Company's Plat No. 1 Reception No. 37488 45. O' Access & Utility Easement Reception No. ___ _ ------::S:_:lf:_:2NW1/ Rem l ,:;-,----S 3B, 39 & 4 r,r l/4SW1/4 Remainder Porti.on of1---,q_.i-- Tract 43 Recepti.on No, 37488 to be Combined with Tract 44 ntlers Orchard Development Company's Plat No. 1 1 Reception No. 374B8 ~---::SI'-'1..:2::_NW:_-1/ 4SW1/ 4 45. O' Access & U · ity Easement Reception No. ~f---+ LIENHOLDER CONSENT AND SUBORDINATION THE UNDERSIGNED, BEING THE BENEFICIARY UNDER A DEED OF TRUST GRANTED BY THE OWNER(S) UPON THE REAL PROPERTY PLAITED AND DIVIDED 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 IS MADE. EXECUTED THIS DAYOF ________ A.D., 2021. AUTHORIZED AGENT GRAND VALLEY BANK 925 N 7TH STREET GRAND JUNCTION, C081501 STATE OF COLORADO I : ss COUNTY OF ____ _ I THE FOREGOING LIENHOLDER CONSENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF ______ A.D,, 2021, BY _______________________________________ _ MY COMMISSION EXPIRES: WITNESS MY HAND AND OF=F~1c=1A=L~SEAL=~. NOTARY PUBLIC CERTIFICATE OF DEDICATION AND OWNERSHIP THE UNDERSIGNED, WAYNE H. POLLARD, BEING SOLE OWNER IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN GARFIELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: TRACTS 38, 39, 40 AND 43 ANTLERS ORCHARD DEVELOPMENT COMPANY'S PLAT NO. 1, RECEPTION NO. 37488 CONTAINING 30.942 ACRES MORE OR LESS, HAS BY THESE PRESENTS LAID OUT AND PLATTED THE SAME AS SHOWN ON Tms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l 652 STATE OF COLORADO ) : ss COUNTY OF GARFIELD ) THE FOREGOING CERTIFICATE OF OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS A.D., 2019, BY ____________________________ . MY COMMISSION EXPIRES: _____ _ WITNESS MY HAND AND OFFICIAL SEAL. NOTARY PUBLIC DAY OF _____ _ MINERAL OWNERS 1. A&E DIEMOZ LLP 214 CENTER DR. GLENWOOD SPRINGS,CO 81601 2. J. GERALD DEUBLER 1553 NORTH 250 WEST SUNSET, UTAH 84015 3. KEVIN GERALD DEUBLER 1747 SOUTH625 WEST WOODS CROSS,UTAH 84087 4. MELVIN JOHN DEUBLER P.O. BOX201 DA YTON,MONTANA 59914 5. LATHAM FAMILY TRUST 3424 N.E. BE.AKEY STREET PORTLAND, OREGON 97212 6. PAULA KERZON 2299 ZINNIA WAY GOLDEN CO 80401 COUNTY COMMISSIONER'S CERTIFICATE 0 200 Scale: 1 "-200' UNE BEARING DISTANCE Ll N 68°58'24" E 65.63' L2 N 66°24'08" E 123.96' L3 N 63°22'34" E 209.79' L4 N 48°39'48" E 279.35' LS N 46°42'54" E 147.79' L6 N 48°06'17" E 142.06' L7 N 45°42'29" E 144.89' LB N 49°52'50" E 140.99' L9 N 43°57'13" E 269.60' LlO N 25°53'57" E 181.82' Lll N 18°06'29" E 143.89' L12 N 12°06'08" E 70.51' LEGEND Found # 5 Rebar and 1-1/ 4 n Orange Plastic Cap @ stamped LS # 36572 Existing Easement Easement Created with this Plat 600 BASED UPON THE REVIEW AND RECOMMENDATION OF GARFIELD COUNTY DIRECTOR OF COMMUNITY DEVELOPMENT. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, HEREBY APPROVES THIS AMENDED PLAT THIS DAY ___ OF __________ ~ A.D., 2021, FOR FILING WITH THE CLERK AND RECORDER OF GARFIELD COUNTY AND FOR CONVEYANCE TO THE COUNTY OF THE PUBUC DEDICATIONS SHOWN HEREON, SUBJECT TO THE PROVISIONS THAT APPROVAL IN NO WAY OBUGATES GARFIELD COUNTY FOR THE FINANCING OR CONSTRUCTION OF IMPROVEMENTS ON LANDS, PUBLIC ROADS, HIGHWAYS OR EASEMENTS DEDICATED TO THE PUBLIC, EXCEPT AS SPECIFICALLY AGREED TO BY THE BOARD OF COUNTY COMMISSIONERS BY SUBSEQUENT RESOLUTION. THIS APPROVAL SHALL IN NO WAY OBLIGATE GARFIELD COUNTY FOR THE CONSTRUCTION, REPAIR OR MAINTENANCE OF PUBUC ROADS, HIGHWAYS OR ANY OTHER PUBUC DEDICATIONS SHOWN HEREON. CHAIRMAN, BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO WITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD. ATTEST: ____________ _ COUNTY CLERK COUNTY SURVEYOR'S CERTIFICATE APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS OR DRAFTING, PURSUANT TO C.R.S. § 38-51-101 AND 102, ET SEQ. DATED THIS ___ DAYOF _________ A.D., 2021. GARFIELD COUNTY SURVEYOR CERTIFICATE OF TAXES PAID I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND ASSESSMENTS DUE AND PAYABLE AS OF ___________________ UPONALLPARCELSOFREALESTATEDESCRIBED ON THIS PLAT ARE PAID IN FULL. DATED THIS DAYOF _____ ~.A.D., 2021 TREASURER OF GARFIELD COUNTY 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., 2021, AND IS DULY RECORDED AS RECEPTION NO. ______ _ ATI'EST: ___________ _ CLERK AND RECORDER BY: _D_E_P_UT~Y---------- z 0 F D.. °' ~ Lu 0 is iii 5 Lu "' ~ c.. ...J <( z LL 0 w 0 z w ~ <( C") "'" 0 "'" 0) C") CX) C") Cl) I- 0 ~ I- FILE: 2nd AMD DFT. TL CK. MJL DATE: 3/31/21 PROJECT NO. 18130-01 SHEET OF Commonwealth Title Company of Garfield County, Inc. 127 E. 5th Street Property Professionals 704 Main Street #B Silt, CO 81652 Attn: Wayne Pollard Email: wayne@pollardteam.com Rifle, CO 81650 Phone (970) 625-3300 / Fax (970) 625-3305 1322 Grand A venue Glenwood Springs, CO 81601 Phone (970) 945-4444 I Fax (970) 945-4449 Date: July 1, 2021 File No. 1901067.2 Property Address. , Silt COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 1901067.2 1. Effective Date: June 24, 2021 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) Proposed Insured: (b) ALTA LOAN POLICY {ALTA 6-17-06) Proposed Insured: 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: Wayne H. Pollard 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: See Attached Exhibit II A 11 TITLE CHARGES Informational Commitment $167.00 COUNTERSIGNED: P~i.t,,k,, P. l31,4.,ywe.U, -------------~--~~~~-------------- American Land Title Association Schedule A (Rev'd 6-06) Authorized Officer or Agent Valid Only if Schedule B and Cover Are Attached Issuing Agent: Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, CO 81650 File No. 1901067.2 EXHIBIT "A" Parcel 1: Tract 26 Amended Final Plat of Tracts 23, 25 and 26 Antlers Orchard Development Company's Plat No. 1 According to the plat thereof recorded October 15, 1991 as Reception No. 926831 Parcel 2: Township 5 South, Range 92 West of the 6th P.M. Section 36: NW¼NE¼SW¼ also known as Tract 38 Antlers Orchard Development NE¼NW¼SW¼ also known as Tract 39 Antlers Orchard Development NW¼NW¼SW¼ also known as Tract 40 Antlers Orchard Development SW¼NE¼SW¼ also known as Tract 43 Antlers Orchard Development SW¼SW¼, S½NW¼SW¼ Parcel 3: Lot 1 Brackett Minor Subdivision According to the plat thereof recorded October 20, 2020 as Reception No. 943986 File No. 1901067.2 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. I. 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. NM6 American Land Title Association Commitment Schedule B -Section 1 -Form 1004-5 DISCLOSURES Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph F provides: "Whenever a title entity provides the closing and settlement service that is in conjunction with the Issuance of an owner's policy of title insurance, it shall update the title commitment from the date of issuance to be as reasonably close to the time of closing as permitted by the real estate records . Such update shall include all impairments of record at the time of closing or as close thereto as permitted by the real estate records . The title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title commitment, for all undisclosed matters that appear of record prior to the time of closing." Provided Commonwealth Title Insurance Company of Garfield County, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. 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 untiled 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. 1901067.2 SCHEDULE B -SECTION 2 Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed ofto the satisfaction of the company: 1. Rights or claims of parties in possession not shown by the Public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded January 25, 1894 as Reception No . I 6856, January 9, 1895 as Reception No. 18080, and January 22, 1896 as Rece ption No . 19023 10. Rights of way shown on Plat No. One nt lcrs Orchard Development Company . 11. Reservation of an undivided One-half interest in all oil, gas and other minerals as more particularly described in deed recorded August 17, 1959 in Book. 319 at Page 528 (Sl/2NW1/4, SW1/4SW1/4, NW1/4SW1/4 of Section 36) and any and all interests therein or assignments thereof. 12. Reservation of ditches, ditch headers or diversion sites and/or sand traps, ditch rights of way, road and lanes as described in deed recorded May 18, 1934 in Dook 167 at Page 334 . (Exact location not defined) 13. Reservation of an undivided one-half interest in and to all oil, gas and other minerals as described in deed recorded November 24, 1947 in_ Book 232 ut Page 574 (Sl/2NWl/4, SWl/4SW1/4, NW1/4SWl/4 Section 36) and any and all interests therein or assignments thereof. 14. Reservation of an undivided one-half interest in and to all oil, gas and other minerals as described in deed recorded December 2, 1954 in Book 28 l at Pnge I 75 (Sl/2NW1/4, SW1/4SW1/4, NW1/4SW1/4 Section 36) and any and all interests therein or assignments thereof. 15. Right of way for County Road No. 237. 16 . Reservation of an undivided ½ interest in and to all oil, gas and other minerals as more particularly described in Deed recorded October 23, 1957 in nook 305 at Page S8 and any and all assignments thereof or interests therein. 17. Reservation of an undivided one-half interest in all oil, gas and other minerals as more particularly described in Deed recorded August 17, 1959 in Book 319 al Page 526 (NE¼SW¼ and the West 30 acres of the SE¼SW¼ Section 36) and in Deed recorded August 17, 1959 in Book 319 at Page 523 and any and all assignments thereof or interests therein. 18. Any question as to the exact size or location of the West 30 acres of the SE1/4SW1/4 of Section 36. 19. Mineral rights as described in Decree Quieting Title recorded January 23, 2007 in Book I 887 at Pctg c 83 and any and all assignments thereof or interests therein. 20. Terms, conditions and all matters set forth in unrecorded Lease Agreement by and between A & E Diemoz, LLLP and Wayne Pollard. 21. Reservation and any and all interest in oil and natural gas rights in instrument recorded February I, 2018 as Reception No. 02839 and any and all assignments thereof or interests therein. ( continued) File No. 1901067.2 SCHEDULE B ~ SECTION 2 (Continued) 22. Terms and conditions set forth in Declaration of Easements recorded September 13, 2018 as Recept ion No. 9 1 1705. 23. Terms and conditions set forth in Declaration of Utility Easement recorded September 13, 2018 as Reception No. 911704. 24. Right of way for ditches and canals in place and in use. 25. Easement granted to Public Service Company of Colorado in instrument recorded March 19, 2019 as Reception No. 9 ! 8273 and March 19, 2019 as Reception No.9 18274 26. Terms and conditions set forth in Easement Deed and Declaration recorded March 20, 2019 as Reception No. 9 18347 . 27. Terms and conditions set forth in Declaration of Easement (access and utility) recorded April 25, 2019 as Reception No. 919589 . 28. Terms and conditions set forth in Easement Deed and Declaration (Domestic Waterlines) recorded April 25, 2019 as Reception No. 919590 . 29. Terms and conditions set forth in Declaration of Easement (Utility and Irrigation Waterline) recorded April 25, 2019 as Reception No. 919591, 30. Terms and conditions set forth in Easement Agreement recorded August 6, 2019 as Reception No. 9238 10. 31. Terms and conditions set forth in Easement Agreement recorded September 20, 2019 as Reception No . 925765. 32. Terms and conditions set forth in Easement Agreement recorded February 27, 2010 as Recept ion No. 9:32364 . 33. Terms and conditions set forth in Easement Agreement recorded February 27, 2010 as Rece ption No. 932367 . 34. Easements, rights of way and all matters set forth on the Plat recorded as Reception No. 926831 . 36. Easement granted to Public Service in instrument recorded February 1, 2021 as Reception No . 949619. 37. Terms and conditions of Declaration of Shared Domestic Water System recorded January 14, 2021 as Rece p tion No. 948619 . 38. Terms and conditions set forth in Declaration of Easements and Road Maintenance Agreement recorded June 11, 2021 as Reception No. 957995 . 39. Easements, rights of way and all matters shown on the Plat recorded October 15, 2019 as Recep tion No. 926831 . 40. Terms and conditions set forth in Declaration of Shared Domestic Water System recorded January 14, 2021 as Reception No. 9486 18 . 41. Easements, rights of way and all matters shown on the Plat recorded October 20, 2020 as Recept ion No . 943986. 42. Easement granted to Public Service in instrument recorded February 1, 2021 as Reception No. 949616 . 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 oflnformation We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (I) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. ~ Garfield County CERTIFICATION OF MINERAL OWNER RESEARCH This form is to be completed and submitted with any application for a Land Use Change Permit. Mineral interests may be severed from surface right interests in real property. C.R .S. § 24-65.5-101, et seq, requires notification to mineral owners when a landowner applies for an application for development from a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4-101{E){l){b){4) requires written notice to owners of mineral interests in the subject property in accordance with C.R.S. § 24 -65.5-101, et seq, "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." This form is proof of applicant's compliance with the Colorado Revised Statutes and the LUDC. The undersigned applicant certifies that mineral owners have been researched for the subject property as required pursuant to C.R.S. § 24-65.5-101, et seq, and Section 4-101 (E)(l)(b)(4) of the Garfield County Land Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies the following (Please initial on the blank line next to the statement that accurately reflects the result of research): _ I own the entire mineral estate relative to the subject property; or 1,()/!_ Minerals are owned by the parties listed below The names and addresses of any and all mineral owners identified are provided below (attach additional pages as necessary): Name of Mineral Owner Mailin Address of Mineral Owner D • I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the LUDC. Date / / PROPERTY OWNERS WITHIN  200 FEET OF SUBJECT PROPERTY  (Tracts 38, 39, 40, and 43 of the Antlers Orchard Development Company Plat #1)  And  (S1/2NW1/4SW1/4 in the SW1/4 of Section 36, TS 5S, R 92 W of the 6th P.M.)    Dylan & Crissi M. Walters  807 County Road 237  Silt, CO 81652    Jose Roberto Munoz and Meliza Gonzalez  50591 Hwy 6, Trl 17  Glenwood Springs, CO 81601    Gilberto Montanez and Estrada O. Martinez  826 County Road 237  Silt, CO 81652    Paige and Zane Haderlie  6448 County Road 233  Silt, CO 81652        Jose Jesus and Sadie Ann Gonzalez  P.O. Box 178  Silt, CO 81652    Kelly Dawn Fender  415 County Road 237  Silt, CO 81652    Thomas E. Jr. and Shauna M. Swale  411 County Road 237  Silt, CO 81652    David Fitzsimmons  56 County Road 266  Silt, CO 81652    Justin R. Hampton  188 Rainbow Court  Silt, CO 81652    Carolyn Jo Spencer  475 County Road 237  Silt, CO 81652      James M. Smith  353 County Road 237  Silt, CO 81652    James and Mary Roark  6303 County Road 233  Silt, CO 81652    Thomas Alan Trofholz and Terrie Ann Join  55 Floral Lane  Silt, CO 81652    Robert J. and Pamela A. Arcia  331 County Road 237  Silt, CO 81652    Wayne Pollard  6448 County Road 233  Silt, CO 81652      July 20, 2021 To Whom it May Concern; This letter is to explain the notice you are receiving. I have requested to amend Tract 38, 39, 40, and 43 of the Antlers Orchard Development. The purpose is to reduce the size of those Tracts so as to preserve the hay producing parts of the existing tracts and locate the remainder of the tracts on the hillside overlooking the irrigated land to the east and north. If you have any questions, feel free to call me at 970-379-2506. Wayne Pollard July 20, 2021 To Whom it May Concern; STATEMENT OF COMPLIANCE FOR RELEVANT ARTICLE 7 TOPICS I, Wayne Pollard, represent that the Amended Antlers Orchard Development Plat #1, Tracts 38, 39, 40, and 43, as well as the bordering Boundary Lot Line Adjustment,will or has complied with all relevant Article 7 topics. Thank you, Wayne Pollard   2020‐04‐11 Engineering Review access                                                                                                        Page 1 of 4  Colorado River Engineering  P.O. Box 1301  Rifle, CO 81650  (970) 625‐4933  April 14, 2020    Wayne Pollard  Via email: Wayne@Mountainlivestock.com    RE: Job 1188  – Antlers Orchard Subdivision – Access Review    Mr. Pollard,    Colorado River Engineering (CRE) is providing this letter to summarize  our  review  and  recommendations for a new shared driveway route to exiting lots previously subdivided as part of the  Antler Orchard subdivision.  The scope of our review involved adequacy of the existing road through  Parcel No. 212736300003 and culvert sizing for the drainage crossing. We understand that these lots  are not subject to any county subdivision regulations and using the existing drive from the subject  parcel is a preferred alternative than the existing access to these lots via Harvey Gap Road (CR237)    ACCESS ROAD The primary access road is an existing road that travels north from Silt Mesa Road (CR 233) as shown  on the following Figure 1.    Figure 1 – Assessor Parcel Map  Access Road to CR 233 Recommended Culvert COLORADO RVR E 6 1 EE R I 6 I , CORPORATEO   2020‐04‐11 Engineering Review access                                                                                                        Page 2 of 4  Colorado River Engineering  P.O. Box 1301  Rifle, CO 81650  (970) 625‐4933  The road was reportedly upgraded in the past due to oil and gas activity on a pad that now functions  as a hay storage area.  We field inspected the road on April 8, 2020.  The road platform measured 20  to 21‐feet wide, had a borrow ditch with culvert crossings, and was constructed with CDOT type 2  aggregate.        Figure 2 – Access Road looking northwest    This surfacing is typical for heavy equipment access associated with oil and gas development and is  more than sufficient for residential access for a shared driveway.  The road will periodically need  maintenance activities such as borrow ditch cleaning and grading. Field inspection of the road indicates  it  exceeds  the  “Semi‐Primitive”  road  standard  (Table  7‐107  Garfield  County  Standards)  which  is  applicable for Average Daily Trips associated with 2 to 10 residential lots. CULVERT CROSSING We examined two potential culvert crossing locations and recommend the crossing near the former  gas pad as shown above on Figure 1 and below on Figure 3.    COLORADO RVR E 6 1 EE R I 6 I , CORPORATEO   2020‐04‐11 Engineering Review access                                                                                                        Page 3 of 4  Colorado River Engineering  P.O. Box 1301  Rifle, CO 81650  (970) 625‐4933  Figure 3 – Proposed Culvert Crossing    This location has a channel depth of about 10‐feet.  We recommend that the road profile should have  a downward gradient slope from south to north so that the road elevation above the culvert sits higher  than the pasture land on the northern side of the gully.  This type of grading will provide shallow  overland flooding to the pasture if flooding exceeds the culvert capacity.  Culverts at road crossings  upstream of the property are as little as 2‐feet in diameter.      A  detailed  hydrological  analysis is  outside  the  scope  of  our  review.    However,  using  web‐based  programs the drainage basin was estimated to be several square miles.  A majority of the upstream  basin is intercepted by Harvey Gap Reservoir and large irrigation canals which will intercept runoff  decreasing  flows  downstream.  We  examined  web‐based  runoff  predictions  but  discounted  their  accuracy due to standard errors of 50% and the lack of consider ation from upstream drainage features.   The web‐based programs show that the upstream culverts are insufficient for a 1‐year storm event  which means they would be failing every year and is inconsistent with your historical observations.  Based on our experience and work in this area we recommend a 42‐inch diameter culvert be used at  the crossing.  This size of culvert combined with available inlet depth is capable of passing ± 90‐cfs. This  flow is expected to fall within the 25‐year to 50‐year storm frequency event.  Using the road grading  recommendations, the culvert and shallow depth overland flooding through the pasture would be  I , CORPORATEO COL ORADO RIVER ENGINEERING I S C ORl'Oll/\Tt:b Colorado River Engineering P.O. Box 1301 Rifle, CO 81650 {970) 625-4933 capable of passing 100-year events while still providing access through the site. Assuming a 12-foot wide travel lane, 2:1 side slopes, and 10-feet of depth, you will need a culvert length of about 40 to 60 feet depending on your transitions into and out of the culvert. If you have any questions, please feel free to call our office at (970) 625-4933. Christopher Manera, P.E. 2020-04-11 Engineering Review access ·' ''.~hc f· ' \~: '.1 0 5 " ' -0 ... ~,·.U /'I '( ·:7 -'1 -' '\. __ .. . ~' ' -... . ""'· ~ - Page 4 of 4 ENGINEERING IS COR rO R ATF.O March 3, 2021 Wayne Pollard Via email: Wayne@Mountainlivestock.com RE: Job 1188 -Antlers Orchard Subdivision -Access Review Mr. Pollard, Colorado River Engineering P.O. Box 1301 Rifle, CO 81650 {970} 625-4933 Today I completed an inspection of the culvert installation that was subject to our recommendations in a letter we dated April 11, 2020. My inspection revealed the constructed improvements are in accordance or exceed our recommendations for the project. If you have any questions, please feel free to call our office at (970) 625-4933. f!ll L Christopher Manera, P.E. 2021-03-3 Engineering Inspection access.docx Page 1 of 1 July 20, 2021 To Whom it May Concern; I, Wayne Pollard, verify that there are no irrigation company ditches that run through the subject property. Thank you, Wayne Pollard WAIVER RERQUEST FROM SUBMITTAL OF IMPROVEMENTS AGREEMENT .FOR THE AMENDED ANTLERS ORCHARD DEVELOPMENT COMPANY PLAT #1 TRACTS 38, 39, 40, and 40 AND THE BOUNDARY LINE ADJUSTMENT of the Sl/2NW1/4SW1/4 in the SWl/4 of Section 36, TS SS, R 92 W of the 6 th P.M. July 20, 2021 To whom it may concern; I am requesting a waiver from submitting an Improvements Agreement, with reference to Section 4-202.C of the LUDC, because the plat being amended has been approved since the early 1900' s and many of the potential concerns have either already been addressed or will be upon building permit application sometime in the future. Thank you for your consideration in this matter, Wayne Pollard WEST DIVIDE WATER CONSERVANCY DISTRICT June 18, 2020 Summer Pasture Water Association 6448 County Road 23 3 Silt, CO 81652 Re: Application to Lease Water Ladies and Gentlemen: 818Taughenbaugh Blvd., Suite 101 P.O. Box 1478 Rifle, Colorado 81650-1478 Tel: (970) 625-5461 Web: www.wdwcd.org Email: water@wdwcd.org Enclosed is approved Water Allotment Contract #S200618SPWA(a). The next step is to obtain a well permit from the Colorado Division of Water Resources office in Glenwood Springs. Once the permit number has been assigned please provide me a copy of the updated, signed declaration. Once the well is drilled, a totalizing flow meter must be installed and maintained in good working order. In September, West Divide requests an annual reading of this meter. Non-compliance with measuring and reporting requirements are grounds for cancellation of this contract, which could result in action by the Colorado Division of Water Resources to curtail further use of the well. Sincerely yours, WEST DIVIDE WATER CONSERVANCY DISTRICT l' 11'~ \(,w\,£!,v Tammy Keenan Enclosures cc Division No. 5 Water Resources w/contract Colorado River Engineering w/contract Director.1: Samuel 8. Potter Kelly Couey Richard L. McNeill Bruce E. Wampler Dan R. Harrison WEST DIVIDE WATER CONSERVANCY DlSTRlCT APPLICATION TO LEASE WATER 818 Taughenbaugh Blvd . 11101, P. 0 . Bo x 1478, Rifle , CO 816 50 <J70-62S -S46 I wat.:r@wdwcd .org I. APPLICANT INFORMATION Name : Summer Pasture Water Association 11.lailine ~ddr~s ~ 6448 County Road 233 Silt, CO 81 652 Telephone: (970) 379-250 6 Email: wayne@mount,i_inliY..e _s..to.c.k, com Authori,:ed agent : Wayne _g<Jll_cJ.I_d _________ _ .l. COURLCAS.EJls..:_ Dccri:e...ca,;GJ'.'ill._ Augmentation Plan Case No. 3. USE OF' WATER RESIDENTIAL Numb~r of main residences : 4 No . ADU's 0 Subd iv is ion: No. ,;u ns tr uc tcd u11il ~: 0 No. va c a~ 4 Ho me ga rdcn i law n il'l'igation of 3~0 to ta l sci . n Method ofiJTigation : flood _______ sprinkler_~_ other __ Non-co mmercial animal wntcring or 16 animal s Fire Pro tection X Evaporation: Maximum water surfat:e to be exposed: N/ A Description of any use, other than evaporation, and mcthut..l of divers ion. rate of diw r;iun, ~nd annual amount or diversion of any water withdmwn from the pond : .. N / A Well Sharing Agrt1e111t1ntfor multiple owner wells must he submitted. If greater t/iun two owners, applicatitJn nu,st he made under a homeowners a.nociatlon. COMMERCIAL Number of units:.-_, ______ T otal sq fl. of commercial units : Description of use : INDUSTRIAL Description of use Evaporation: Maximum wat er sut1itce to be exposed __ _ Description of any use, other than evaporation, and method of divers ion , rate of diversion , and annual amoun1 of diversion of any water withdrawn from the po nd: DIRECT PUMPING Tributary: Location : 4. SOURCE OF WATER Struch1re : Well Stmcture Name : Summer Pasture Well Source : surface__ storage ___ ground water x Current Permit II (atta ch copy) CONTRACT#: S200618SPWA(a) MAP ID#: S98 DATE ACTIVATED: 06/18/2020 5. LOCATION OF STRlJCTLJRt C Dun ty Asscssms Pared Number 2127-363-00-003 County Garfield Sectio n 36 ()u:i11crlQ1tarter SWl/4 5 Tu wnshir- South Distuncc· of well from section lines: Zone 13 fll'\alinn. 5 760 Well location address: X: 270397 Y: 4383723 .,Illa, h udditional pog esjor multiµle siruc/un,,· 6. LAND ON WHICH WATER WILL BE us~:o Qunrtcr NWl /4 92 Rnnttt West P'."K.t 6th ti i~~:,,I tl,,.._,.,.,,,,,on nun h(' !"""' i,/nl ,,s ,,,, ulfo,·hn1r 111I} AQD Tr(!~_t~_ 38, 39, 40 & 43 .1. Se _c. Jf>, __ _ TSS R92W 6th PM N11111b~r 11f ill'r~, ill ILtt'I Approx. 4d' ·ac"re s lnclusio11 into the District, at Applicant's expense, may he required. 7. TYPE OF Sl<:WAGE SYSTEM Sepli~ tank/absorption leach field~}{_ Central System Other District aamc: 8. VOLUME Of LEASED WATER NEEDED lN ACRE FEET : 1 . 9 3 (minimum of I acre foot except augmentation from Alsbury Reservoir where a lesser amount is allowed) Provide engineering datu to support volume of water requested. Commerdul, n111nidpal, and industrial u:1ers mu1·t provide diversion u11d consumptive drlta on a n1orithly basis. A totalizing flow meter with remote readout is required to he installed and u.fage reported to We .ft Divide. Applicant Signature Application Dale: May 21, 2020 ---- ISSUED AS AREA B CONTRACT YES X NO P1 ·i11tcd po11io11s or this fotm, ex c ert di ffet c111i atcd aduition s 01 d~lctions, ha ve been Hpp rovcd anti ado pted by the We,1 Di\'iue Water Con servancy Oi slr ict fo rm : WDW CD 2017 Al'PLICA TI O N APPUCANT:! (1) Unit Value: Irrigation D!Yersion (AFiac) JAN FEB MAR APR 0.109 MAY 0.376 JUN 0.555 JUL 0.613 AUG 0.4a1 SEP 0.340 OCT 0.085 NOV DEC TOTAL 2.559 (1) (2) (3) (4) (5) (6) WEST DMDE WATER CONSERVANCY DISTRICT COLORADO, SILT, RIFLE, ALSBURY WATER USE ESTIMATES aumm., Paslure. Pollsd I Contract Amount w/ 5% transit loss= 1.93ac:rafeat -~[] IRRIGATED AREA (SQ FT): 30008 COMMERCIAL AREA (SQ FT). 0 NO. OF LIVESTOCK: 18 Transit Loss= 5.0% ELEVATION (MSL): S7Stl Pond Location Contract l.ocallon EVAPORATION AREA (ACRE): 0 Cotorado/Sllt/AlsbUJy (2) (3) (4) (5) (6) m (8) (9) Unit Value: Liv9stock Pond Irrigation C.U. In House In House Commen:ial Commercial lnigation Diversion Irrigation C.U. Diversion & Evaporation (AFiac) Diversion (AF) C.U.(AF) Diwlsion(AF) c.u. (AF) (AF) (AF) C.U.(AF) (AF) 0.13 0.02 0.00 0 .00 0.00 0 .00 0.02 0.00 0.12 0.02 0.00 0.00 0.00 0.00 0.02 0.00 0.13 0.02 0.00 0.00 0.00 0.00 0.02 0.00 0 .087 0.13 0.02 0.00 0.00 0.07 0.06 0.02 0.00 0.301 0.13 0.02 0.00 0.00 026 0.21 0.02 0.00 0.444 0.13 0.02 0.00 0.00 0.38 0.31 0.02 0.00 0.490 0.13 0.02 0.00 0.00 0.42 0.34 0.02 0.00 0.385 0.13 0.02 0.00 0.00 0.33 OZT 0.02 0.00 OZ72 0.13 0.02 0.00 , 0.00 0.23 0.19 0.02 0.00 0.068 0.13 0.02 0.00 0.00 0.06 0.05 0.02 0.00 0 .13 0.02 0.00 0.00 0.00 0.00 0.02 0.00 !ill gJg .Q,.QQ 0.00 .Q,.QQ !l.,Q2 0.02 g,QQ 2.047 1.57 0.235 0.00 0.00 1.76 1.41 0.20 0.00 80% irrigation efficiency for sprinkler systems (7) Column (1) • lnigaled area In acres Blaney Criddle assessment wilh Pochop adjuatmenb (8) Column (2) • irrigated area in acres (10) Tolal D~n (AF) 0 .157 0.142 0.157 0.231 0.430 0.554 0.600 0.505 0.398 0.219 0.152 0.157 3 .704 350 ~s per day per residence (9) l.ivesloclc use at 11 gallons per head per day (99CW320) (11) Tolal C.U. (AF) 0 .037 0.033 0.037 0.095 0.244 0.341 0.374 0.302 0223 0.084 0.036 .QJ!1I 1.842 15% consumptive use for 1S05 systems (10) Net ~ood Evaponition(II; caJcs in 'Assumptions')• evaporation a,ea in acres 200 gallons per day per 1000 sq fl of commen:ial space (11) Column (5) + Column m + Column (9) + Cohmv, (10) plus 5% ltansil loss 15% oonsumptive use for ISDS systems (12) Column (6) + Column (8) + Column (9)+ Column (10) (13) Column (12) plus 5% l7aosit loss Confldenllallty Notice: This sp,eadsheet, Including all attachments, Is for the sole use of the intended recipients and may contain confldentlal and prlvlleged /nfonnatlon. Anv unaulhotfled nMeW, use. ~re. CDDVina, dlstnbutlon or action !liken In mliance on the coments of the lnfOlmslJon oontalned In this Is -- Colorado_ Sil1Mesa_Rlfte_Alsbury_2017 (12} T olal Conlrad Amount(AF) 0.039 0.035 0.039 0.100 0.256 0.358 0.393 0.317 0.234 0.088 0.037 !Mm 1.934 5/27fl020 5/26/2020 Geolocation: 1(?9.5~027~63055426, -1 o?.66837005285~) ITi Rifle Ga (ield Coun u Airpo rt [ill] IB =i t:.:: .. :.J WDWCD . ' ~ G oo_gle r • i 2km ..._ __ _ Functions Geo lookup: enter your Geolocation and click Go . 6448 Coun_ty R~ad 233 Silt, I Go www .. wdwcd.org/proof.html Leg end -------.District Boundariest c========:::::iA lsbury Reservoir service area , .; .Ja&.-,., __ ,, . .::.:.lfourmile service area .L.-___ ___,Silt Mesa service area : '""l _.,..-_ ,/ ,J [ill] 1 ,. I \ e .I ' ,. .. .., ' y , ' I ' ♦ \ \\ \ --Report a map error 1/2 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF FACT OF GOOD STANDING I, Jena Griswold, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, Summer Pasture Water Association is a Nonprofit Corporation formed or registered on 12/03 /2019 under the law of Colorado, has complied with all applicable requirements of this office , and is in good standing with this office. This entity h as been assigned entity identification number 201919578 I 6 . This certificate reflects facts established or disclosed by documents delivered to this office on paper through 05 /27/2020 that have been posted, and by documents delivered to this office electronically through 05/28/2020 @ 08 :52 :03 . I have affixed hereto the Great Seal of the State of Colorado and duly generated , executed, and issued this official certificate at Denver, Colorado on 05/28 /2020 @ 08:52:03 in accordance with applicable law. This ce11ificate is assigned Confirmation Number 12366879 Secretary of State of the State of Colorado *********************************************EndofCerUfica~••***************************************** No tit:u: 11 un lli ·m u i.,·.rn cd clu,·t1·011 irnl fio {mm tlu· Cufom tlu Sc :,:n :1/J ry ,,{ State·.,· JVi:b ,,·it11 /., fi ,111-m/fl i111111 udlatd ,, .-ulitl mu/ u/lixt fr <:. Howe\'er, as 011 oplio11, tire issuance and 1•alidily of a cert/ficale obtained eleclro11ical(v may be es/ab/is/red hy vi.,ili11g the Validate a Certificate page of the Secretm:v of State's Web site, h11p:l/1vww.sos .. ,1ate.co.11sibiz/Certijicu1eSearc/1Crileria.da e/1/ering the certificate's co11firmatio11 1111111/,er displayed 011 the cert//icate. a11d.follmvi11g the i11s/mctio11s displayed. C11 11{ir111i11g llw ;.u111111et· n[11 1;11,-1/(icau-i.• 11wre/J' IJ/1//01111 1 0111/ ts 11111 iwce.,,,.,,,.,, ,a //w valitl mu/ 1•{1t·ct11 •1· 1.1·.rnam ·r of " certi/irnle. For more iujoml{l/io11, l'isil our Web site, /111p:1, www .. 1·u.1· stale c11.11rl dick "B11si11esses, trademarks, trade 11w11es" a11d selec/ "Freq11e11IIJ ' Asked Q11estio11s ." CONTRACT#: S200618SPWA(a) MAPID#:S98 DATE ACTIVATED: 06/18/2020 --------- WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT Name of Applicant: _____ S_urm1_e_r_P_a_st_u_r_e_Wa_t_e_r_A_ss_o_c_i_a_t_io_n __________________ _ 1. 93 Acre Feet Quantity of Water in Acre Feet:--------------------------------- Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973. Section 3 7-45-10 I,~-(hereinafter referred to as the "Disn·ict") for an allotment contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this Contract and the attached Application, Applicant hereby agrees to the following te1111s and conditions: I. Water Righi§: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert wuter, which will be supplemented and augmented by water leused herein. If Applicant intends to divert through a well. it must be understood by Applicant that no right to dive11 exists until a valid well pennit is obtained from the Colorado Division of Water Resources. 2. Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre feet per year of storage water owned or contl'olled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the Dish·ict will be limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this Contract. The District and the Applicant 1-ecogni1.e that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less watel' than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted undet this Contiact shall be reduced pennanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location ofBeneficjal Use: Any and all water allotted Applicant by the District shall be used fol' the following beneficial use or uses: industl'ial, municipal, domestic and related uses, or commercial (except for commercial use from Alsbury Reservoir and except to the extent that Ruedi Resel'voir water may not be available for commercial as that tenn is defined on Page S of Contract No. 2-07-70-WOS47 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use ofanyand all water allotted shall be within or through facilities or upon land ovmed. leased, operated, or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, Green Mountain Rese1voir, Alsbury Reservoir, or other works or facilities of the District, or from other sources available to the Distl'ict, shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of divel'sion for said other sources, and release 01· delivery of water at such outlet or points shall constitute perfom1ance of the District's total obligation. Delivel'y of water by the District ft-0111 Ruedi Reservoir or Green Mountain Rese1-voir shall be subject to the District's lease contracts with the United States Bureau ofRecbunation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or co11trolled by the District in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October I), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in paiority at the original point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees. may call on any greater amount at new or altem11te points of diversion. The District shall request the Colorado Division of Water Resources to estimate any conveyance ---luS&e&-lJ~r~~~temate.poi.u~mate..slmll be deducled from •bis amount ,11-1:al·h-~::i~.:.. ____________ _ Water seivice provided by the District for properties located within the Bluestone and Silt Water Conservancy Districts is provided pursuant to Agreements with said Districts. The Intergovernmental Agreement between the District and the Silt Water Conservancy District, dated January 25, 2001, is recorded as Reception No. 575691, Garfield County Clerk and Recorder's Office. The Intergovemmental Memorandum of Understanding between the District and the Bluestone Water Conseivancy Distl'ict, dated April 26, 200 I, is recorded as Reception No. 584840, Garfield County Clerk and Recorder's Oftice. Pursuant to Federal Law, the cultivation of marijuana is illegal. The U.S. Bureau of Reclamation has declared it unlawful to use Federal water facilities for the irrigation of marijuana 01· in furtherance of the cultivation of marijuana. The West Divide Water Conserv1mcy District pl'ovides augmentation wate1· to contractees from Ruedi Rese1-voir and Green Mountain Reservoir, both of which are Federal water facilities man11ged by the Bureau of Reclamation. Therefore, the West Divide Water Conservancy District will not contract to provide augmentation water from Ruedi Reservoir or Green Mountain Reservoir for the irrigation of marijuana or i11 furtherance of the cultivation of marijuana. Any such contracts shall be deemed null and void. The West Divide Water Conservancy Dishict owns 01· possesses delivery contracts for other non-Federal water sources from which the District is able to provide augmentation water for the irrigation of marijuana or in furtherance of the cultivation of marijuana. Should any contractee obtain a water allotment contract from the West Divide Water Conservancy District for the augmentation or irrigation of marijuana or in furtherance of the cultivation of marijuana, any and all such water shall be deemed to come from the non-Federal sources referenced above. 5. Alternate Point ofDjycrsion and Plan of Augmentation : Decl'ees for alternate points of diversion of the District's water rights or storage water moy be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedw11s and legal engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this Contract. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation phm to allow the Applicant to utilize the water allotted to Applicant hereunder, the 2 Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder. Applicant shall not be obligated to pay any amount under Paragraph 19 below. ln any event. the District shall have the right to 11pprove or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers tiled with the water court in the adjudication thereof. 6. Contract Payment : Non-refundable, one time administrative charge. in the amount determined by the Board of Directors of the District from time lo time, shall be submitted with the application for consideration by Lhe District. Annual payment for the water service described herein shall be detcnnined by the Board of Directors of the District. The initial annual payment shall be made in full, within thirty (30) days after the date of notice to the Applicant thut the initial payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable to-that-3/ear, Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January i. If an annual payment is not made by the due date a flat S50 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail. return receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set fo1th in this Contract or Application. Water use for any port of a water year shall require payment for the entire water year. Nothing herein shall be constllled so as to prevent the District from adjusting the annual rate itt its sole discretion for future years only. If payment is not made within fifteen (15) days after the date of said w1itten notice, Applicant shall at District's sole option have no further 1ight. title or interest under this Contract without fmthernotice. and delivery may be immediately curtailed . The allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this waler allotment Contract with the District, the District shall notify the Division of Water Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation ofaH water use. 7. Addit ional Fees and Costs : Applicant agrees to defray any expenses incu1Ted by the District in connection with the allotment of water rights hereunder, including. but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allolled water rights. 8. Assignment: This Contract shall not inure to the benefit of the heirs, successors or assigns of Applicant, without the prior written consent of the District's Board of Directoni. Any assignment of Applicant's rights under this Contract shall be subject to, and must comply with, such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligatious by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's prope1:ty from applying to the District for individual and separate allotment Co1macls. No assignment shall be recognized by the District except upon completion and filing of proper forms for assignment and change of ownership. ln the event the water allotted pursuant to this Contract is to be used for the benefit ofland which is now or will subsequently be subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunder to: 1) No more than three separate owners all of whom shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association, water district. water and sanitation disnict or other special district propel'ly organized and existing under the laws of the State of Colorado. and then, only if such parties, association or special district establishes to the satisfaction of the District that ii has the ability and authority to perform the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this 3 Contract have any rights hereunder, except as such rights may exist pursuant to a well sharing agreement or through a homeowners association or special district as provided above. Upon the sale of the real property to which this Co11tract pertains, Applicant shall make buyer aware of this Contract and pl'0per forms for assignment and change of ownership must be completed. 9. Other Rutes : Applicanl shall be bound by the provisions of the Water Conservancy Act of Colorado: by the rules and regulations of the Board of Directors of the District: and all amendments thereof and supplements thereto and by all other applicable law. JO. Operation and M11intenonce Agreemen1; Applicant shall enter into an "Operation and Maintenance A!,>Teement" with the District under tenns and conditions detennined by the board of Directors of the Disllict, if and when, the Board of said District detennines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual ---1nonetat~side1:ati011-for-oxten11 io11-Gf-District-0eli.vel1'-seA1~ces.andior.additionawidminist11Won,.operatinn, anrl mai.a.tenaru:c.costs;.oc.fo.uither costs lo the District which may arise through services made available to the Applicant. 11. Chnnge of Use : The District reserves the exclusive right to review, re-approve or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this Contract is executed, or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon 01· any lease or sale of the water 01· wate1· rights herein. other than as pennitted in pal'Ograph 8 above, shall be deemed to be a material breach of this agreement. 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicw,t any equitable or legnl fee title interest in orto a11y water or water righls referred to herein. 14. Conservation : Applicant shall use commonly accepted conservalion practices with respect to the water and water rights herein. and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. IS. Restrictions : Applicant shalrrestrict actual diversions to not exceed the contract amount fur ordinary household purposes. the watering of domestic livestock, tire protection, and the irrigation of lawn and gat'den as specified in the Application. Applicant shall also comply with all restrictions and limitations set forth in the well pennit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering, provided that in no event shall actual diversions exceed the amount of water provided by this Contract. Violation of this paragraph 15 shall be deemed to be a material breach of this Contract. 16. Wei} Pennit: lf Applicant intends to divert through a well, then Applicant must provide to District a copy of 4 Applicant's valid well permit before District is obligated to deliver any water hereunder. 17. Measuring Device or Mete r; Applicant agrees to provide, at its own expense, a measuring device deemed acceptable by the District's Engineer atler consultatio11 1 or a totalizing flow meter with remote readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicant's water l"ight and the tem1s of this Contract. Applicant agrees to provide accurate readings from such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal action to tem,inate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours for the purposes of detennining Applicant's actual use of water. 18. Representations: By executing this Contl'act, Applicant agrees that it is not relying on any legal or engineering advice that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained all necessary legal and engineering advice from Applicant's own sources other than the District. Applicant further acknowledges that the District makes no guarantees, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this Contract. Should the District be unable to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 19. Costs of Wa1er Court filing and Augmentation Pian : Should the Districl, in its own discretion, choose to include Applicant's Contract herein in a water coun filing for altemate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceedings. Applicant shall be assessed a pro-rota share of the total cost incurred by the District in preparing, tiling and pursuing to decree the water court cuse. The pro-rata share shall be calculated by dividing such total cost by the number of contractees included in the filing. To the extent that the District is caused additional costs because of objection flied specifically due to the inclusion of Applicant's Contract in lhe filing. such additional costs may be charged specifically to Applicant and not shared on a pro-rata basis by all contractees. 20. Bindjng Avrcc111ent: This agreement shall not be complete nor binding upon the District unless attached hel'eto is the fonn entitled "Application to Lease Water From West Divide Water Conseivancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. All correspondence from the District to Applicant referring to or relating lo this agreement is by this reference incorporated into this agreement as further tenns and conditions of this agreement. 21. Warning : IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT fNCLUDlNG FTLTNG FOR EXTENSTONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPL YING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. 22 . AREA B, CONTRACTS: IF APPLICANTS WELL OR OTHER WATER RIGHT THAT IS THE SUBJECT OF THIS CONTRACT IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT, TIIBN THIS PARAGRAPH APPLIES: THE AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANT''S WATER RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER SENIOR RIGHT. NO REPRESENTATION OTHERWISE IS MADE BY THE DISTRICT . IF THIS JS A CONCERN TO APPLICANT, THIS CONTRACT MAY BE RESCINDED UPON WRl1TEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLLCANT WITHIN THE NEXT 30 .PAYS FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT TN WHICH EVENT ALL SUMS PAID BY APPLICANT FOR THIS CONTRACT SHALL BE IMMEDIATELY REFUNDED TO APPLICANT. STATEOF COLORA_DO __ _ ) ss . -('.1)lc ~',-!-'"/I)(, .• 1.,l\FE.1 L~ . The foregoing instrument was acknowledged before me on this 21..!!!_ day of_-May ---~ 2020 __ , by Wayne H. Pollard ; cornmissionexpire : 5-25-21 . L -. STATE OF ______ _ COUNTY OF ______ _ da ~-lurtt LI ND A S C LA USS EN 11 1:11 } l'ubli..: Notery Pu b li c S t11te of Colorado Notary ID # 199340 18232 M Commissio n Expires 05-26-20i t The foregoing instrument was acknowledged before me on this __ day of __________ . 20. ____ , by .. Witness my hand and official seal. My commission expires : __________ _ Notary Public ORDER After a hearing by the Board of Directors of the West Divide Waler Conservancy District on the Application, it is hereby ORDERED that said Application be granted and this Contract shall be and is accepted by the Districl. WEST DIVIDE WATER CONSERVANCY DISTRICT By -~- Pr.,s idc 11 1 Dale TI1is Contract includes and is subject lo the terms and conditions of the following documents which musl accompany this Contract: I. Map showing location of point ofdivcrsion (use map provided) 2 . Application and Data Fonn fully completed and signed The printed portions of this fo1·m, except differentiated nddltlons or deletions, hnve been approved end adopted by !he West Dh'ldc Water Conscn-ancy District. Form: WDWCO 01--01-08 CONTRACT. ~~ COLORADO ~ ~ Division o f Water Resources ,a Department of Natural Resources ORIGINAL PERMIT APPLI CANT/SJ SUMMER PASTU RE WATER A SSOC IATI ON WELL PERMIT NUMBER 84657-F RECEIPT NUMBER 10001684 APPROVED WELL LO CATI ON Water D ivision: 5 Designated B asin: Management D istr ict County: Water D istr ict: 39 N I A N I A GARFIEL D Par cel N ame: AN T L ERS O R C HARD DEVELOPMEN T CORP (AMEN DED) Lot: 38, 39, 40, 43 Block : Filing: Physical Addr ess: T BD SI L T, CO 81652 S W 114 N W 114 Secti on 36 Township 5.0 S Range 9 2 .0 W S i xth P.M. U TM COO RDINATES /Meters. Zon e : 13. NAD8 3l Easting: 27039 7 .0 Northi ng: PERMIT TO USE AN EXISTING WELL ISSUANCE OF THI S PERMIT DOES NOT CONFER A WAT ER RIGHT CO NDITIO NS OF A PPROVAL 4383 n 3.o 1) Th is well shall be u sed in su ch a way as to cause n o mater ia l i nj ury to exi stin g water r i ghts. Th e issuan ce of th i s per m i t does not ensure that no i nj ury will occur to another vested wate r r i gh t or preclude another owner of a vested water r i ght f rom seek i ng r el i ef in a civil co urt acti on. 2) The constru ctio n of t his well shall be i n compli an ce with t he Water Well Co nstru ction Ru les 2 CCR 402 -2, un l ess approva l of a var i ance has bee n gra nted by t h e State Boa r d of Exami ners of Water Wel l Constru cti on and Pu mp I nsta l lation Co ntractors in acc or da nce w i t h Ru le 18. 3) Approved pursuan t to CRS 37 -90-1 37(2), on t he cond i tion t hat t hi s well is operated in accor da nce w i t h t he West Divide Water Co nservancy Distr i ct Au gme n tation Pl an approved by the Divisio n 5 Wate r Co urt i n case no. 05CW296. If t hi s we ll is n ot operated i n acco r dance with t he ter ms of sa i d decr ee, i t w ill be subject to admi nistration i ncludi ng o rd ers to cease d i ve r t in g water. WDWC D co n t r act IIS2006 18SPWA(a) and kn ow n as Summer Pasture Well . 4) Approved for t he i nstallati on of a pump i n, and t he use of, an exist i ng well, constru cted on December 11 , 2019 to a depth of 75 feet, un der pe r mi t nu mber 315 788 (can ce l ed). Issuance of t his pe r mi t hereby cance l s penni t no. 315 788. 5) Th e use of gro und water f rom t hi s well is limi ted to o r di nary hou se hol d purposes insi de not more t han fo ur (4) si ngle fam il y dwelli n gs, t h e irrigati on of not more t han 30,000 sq uar e feet of ho me ga r dens an d l aw n s, and t he water in g of si xtee n (1 6) h ead domestic ani ma l s. 6) Th e pumpin g r ate of t his we ll shall not exceed 15 GPM. 7) Th e ann ua l amo un t of grou nd water to be wi t hdrawn shall not exceed 3 .5 3 acr e-foot (1 ,150,25 0 ga llon s). 8) The r eturn flow f rom the use of t hi s we ll must be t hroug h an i ndividual waste wate r di sposal system of t he non -evaporative type where t he wate r is r eturn ed to t he same str eam system i n which t he we ll is l ocated. 9) This we ll shall be l ocated not mor e t han 200 feet from t he l ocation spec i fied o n t his permi t. 10) Th is well shall be l ocated more tha n 600 feet f rom any exi sti ng well, compl eted i n t he same aq ui fer , t h at i s not owned by t he appl ican t, exc lu di ng well perm i t nos . 82n8 -F, 8376 1 ·F and 84079 -F {spa cing wa iver submi tted by t he well own er ). 11 ) Th e owner sha ll mark t he well i n a co nspicu ous l ocation wi t h t he wel l per m i t number and name of aq ui fe r as appropr ia te, and sh all take necessary means and pr eca ut i ons to preserve these ma rki ngs. 12 ) A total izing flow meter must be in sta lled o n t his we ll and mai n ta i ned i n goo d wo r1<in g o r der . Per manent records of all di versio ns mu st be mai n ta i ned by t h e well own er (reco r ded at l east annu ally) and submi tted to t he Divi sio n En gi nee r upon r equest. NOTE : T hi s we ll i s to be l ocated o n a resi de nt i al si te descr ibed as Lot 26, Antlers Orc hard Deve l opme n t Co r por ation Subd i vi sio n, Ga r fiel d Co un ty. The well will serve Lots 38, 39, 40 and 43, Antlers Orc hard Deve lopme n t Co r poration Ame nded Subd i visi on, Garfiel d Co un ty. NOTE : Cance l ed pe r mi t no. 3157 88 was pr evi ousl y issued fo r t hi s t r act of well . NOTE : Parc el I dentification Nu mber (PIN): 2 3-2127-362-00-078 Prin t ed 08·26·2020 For q uest ions about t his permit call 303 .866.3581 or go to www.wa ter.sta te.co.us Page 1 of 2 WELL PE RMI T NU MBE R 8 4 657-F RECEIP T NUMBE R 10001684 NOTE : Assessor T ax Schedul e Nu mber : R084399 (totaling 1 6.29 acres) NOTE : T hi s perm i t wi ll expi re o n t h e expir ation date un l ess th e well i s c on stru cted and a pu mp is i nstalled by t h at date. A We ll Co nstruc tion and Y ie l d Esti mate Report (GWS-31 ) and Pu mp I nstal lation and Produ cti on Equi pmen t T est Repor t (GWS-32) must be submi tted to t he Divisi on of Water Resou rces to ver i fy t h e we ll has bee n co nstru cted and t he pum p has been in sta lled . A on e -t i me extensio n of t he expi rati on date may be ava il abl e. Contact th e DWR fo r add i t i on al i n fo r mation or r efer to t he extensi on r equest form (GWS-64) availabl e at: h ttp ://water .state.co.us r,,,a "---~ Date Issued: 8 /26/2020 Expiration Date: 8 /26 /202 1 Issued By DWI GHT WH ITEHEAD Pr in t ed 08·26·2020 For q uest ions about th is permit call 303 .866 .3 58 1 or go to www.wa ter.s tate.co.us Pa ge 2 of 2 948619 01/14/2021 10:54:47 AM Page 1 of 6 Jean Alberico, Garfield County, Colorado Rec Fee: $38.00 Doc Fee: $0.00 eRecorded DECLARATION OF SHARED DOMESTIC WATER SYSTEM (Summer Pasture Well) KNOW ALL MEN BY THESE PRESENTS that the undersigned hereby declares and adopts the following Declara tion of Shared Domestic Water System ( the "Declaration") which shall run with the property hereinafter describe d and shall be binding upon all parties now owning or hereafter acquiring any interests therein or thereto. ARTICLE I. DEFINITIONS The following terms shall have the following meanings when used herein unless the context otherwise requires: 1.1. T h e Property. The prope1ty subject to this Declaration is described as Tracts 38, 39, 4 0 and 43 in Section 36, Township 5 South, Range 92 West of the 6 th P.M. as shown on the Antlers Orchard Development Company's Plat No. 1, recorded as Reception No. 37488 in the Garfield County, Colorado records. 1.2. The Declarant. Any reference herein to the "Declaranf' means and refers to Wayne H. Pollard, who cu1Tently owns said Tracts 38, 39, 40 and 43. 1.3. Tract. "Tract" means any lot, tract or parcel d esignated for separate ownership now existing within the Property or hereailer created and approved for water service pursuant to Section 3.2 below. 1.4. Owner. "Owner" means and refers to any person or entity including the Declarant, at any time owning an interest in a Tract. 1.5 . Association. ''Association" means and refers to the Summer Pasture Water Association, a Colorado not for profit corporation. 1.6. The Well. Any reference herein to the "Well" shall mean the Summer Pastme Well, Perm.it No. 84657-F, located in the SWl/4 NWl/4 of Section 36, Township 5 South, Range 92 West of the 6 th P.M. 1.7. Domestic Water System. The "Domestic Water System" means and r efers to the Well and all pumps, water lines and other equipment and facilities associated therewith which serve two (2) or more Tracts. 1.8. The Purpo se. The purpose of thi s Declaration is to set forth the manner in which the Association shall own, m anage and operate the Domestic Water System serving the Tracts. DECLARATION OF SHARED DOMESTIC WATER SYSTEM (Summer Pasture Well) R~ded Electronically ID ~jz ) «.\ County _________ _ Date ____ Time ___ _ Simplifile.com 800.460.5657 KNOW ALL MEN BY THESE PRESENTS that the undersigned hereby declares and adopts the following Declaration of Shared Domestic Water System ( the "Declaration") which shall run with the property hereinafter described and shall be binding upon all parties now owning or hereafter acquiring any interests therein or thereto. ARTICLE I. DEFINITIONS The following terms shall have the following meanings when used herein unless the context otherwise requires: 1.1. The Property. The property subject to this Declaration is described as Tracts 38, 39, 40 and 43 in Section 36, Township 5 South, Range 92 West of the 6 th P.M. as shown on the Antlers Orchard Development Company's Plat No. 1, recorded as Reception No. 37488 in the Garfield County, Colorado records. 1.2. The Declarant. Any reference berejn to the "Declarant" means and refers to Wayne H. Pollard, who currently owns said Tracts 38, 39, 40 and 43. 1 .3. Tract. "Tract" means any lot, tract or parcel designated for separate ownership now existing within the Property or hereafter created and approved for water service pursuant to Section 3.2 below. 1 .4. Owner. "Owner" means and refers to any person or entity including the Declarant, at any time owning an interest in a Tract. 1.5. Association. ''Association" means and refers to the Summer Pasture Water Association, a Colorado not for profit corporation. 1.6. The Well. Any reference herein to the "Well" shall m e an the Summer Pasture Well, PennitNo. 84657-F, located in the SWl/4 NWl /4 of Section 36, Tow nship 5 South, Range 92 West of the 6 1 h P.M. 1.7. Domestic Water System. The "Domestic Water System" means and refers to the Well and all pumps, water lines and other equipment and facilities associated therewith which serve two (2) or more Tracts. 1.8. The Purpose. The purpose of this Declaration is to set forth the manner in which the Association shall own, manage and operate lhe Domestic Water System serving the Tracts. ARTICLE II. ASSOCIATION 2.1. Membership. Every Owner shall be entitled and required to be a member of the Association. An Owner shall be entitled to one membership for each Tract owned. Each such membership shall be appurtenant to and inseparable from the Tract upon which it is based and shall be transfen-ed automatically by the transfer, in whatsoever form, of that Tract. Ownership of a Tract shall be the sole qualification for membership. No person or entity other than an Owner may be a member of the Association. 2.2. Voting. Each Tract shall be entitled to one vote. Owners of more than one Tract shall have the right to cast the aggregate number of votes that the Tracts which they own represent. If any Tract is owned by multiple parties, all such parties shall be members; provided however, that the vote to which such Tract is entitled shall be exercised as the several Owners determine among themselves and in no event shall more than one vote be cast with respect to any one Tract. Cumulative voting shall not be permitted. 2.3. Assessments. The Association shall have the right to levy and make assessments in accordance with its Bylaws, for the following purposes: (a) To pay expenses incurred by the Association in connection with the installation, maintenance, repair, replacement and operation of the Domestic Water System; (b) To pay any deficit remaining from any previous assessment; (c) To create a reasonable contingency, reserve, surplus and/or sinking fund; and (d) To pay any other expenses and liabilities which may be incurred by the Association for the benefit of the Owners, under or by reason of this Declaration, its Articles oflncorporation or Bylaws. 2.4. Payment of Assessments. Each Owner shall pay the Association, in accordance with its Bylaws. such assessments as may be periodically made by the Association. 2.5. Periodic Assessments. After any assessment has been made by the Association, assessments shall thereafter be made no less frequently than annually and shall be based on a budget adopted by the Association no less frequently than annually . 2.6. Special Assessments. In the event costs associated with the maintenance or repair of the Domestic Water System are incurred by the Association as a result of excessive wear or abuse, or the negligent or intentional act of one or several Owners, the Association may levy a Special Assessment against such Owner or Owners to cover the costs associated with such maintenance and reparrs. 2 2.7. Added Charges. The Association may impose charges for late payment of assessments, recover reasonable attorney's fees and other costs of collection and levy fines for violation ofthis Declaration or the Bylaws of the Association. All such charges shall be enforceable as assessments. Any past-due assessment shall bear interest at the rate of twelve percent (12%) per annum or at such greater rate as may be established by the Association. 2.8. Collection of Assessments. The Association shall have the right to bring an action at law against the Owner personally obligated to pay any delinquent assessment or charges. 2.9. Assessment Liens. All sums assessed to any Tract by the Association shall be secured by a lien on such Tract in favor of the Association. Such lien shall be subordinate to any valid tax and special assessment lien on the Tract in favor of any governmental assessing authority, but shall be superior to all other liens and encumbrances on such Tract. The Association may record in the office of the Clerk and Recorder of Garfield County, Colorado, a Statement of Lien setting forth the name of the owner, the legal description of the Tract, the name of the Association and the amount of the delinquent assessment, which Statement shall be signed and acknowledged by an executive officer of the Association, and served upon the Owner of the Tract by ordinary mail, mailed to the address of the Tract, or to such other address the Association may have in its records for the Owner of the Tract. On the expiration of not less than thirty (30) days after the mailing of such notice, the Association may proceed to foreclose the Statement of Lien in the same manner as provided for the foreclosure of mortgages on real property. The Association shall be entitled to recover in any action (whether a foreclosure action or a personal action) the full amount of all delinquent assessments, together with interest, late charges, costs and expenses of suit, including without limitation, its reasonable attorney's fees incuned. No Owner may exempt himself or his Tract from liability for any assessment or assessment lien by waiving any benefits or by abandonment ofhis Tract. A transfer (by whatever method) of any Tract shall not affect the Assessment Lien. The sale or transfer of a Tract shall not relieve the owner from personal liability for any assessment made prior to such transfer, and the party acquiring any Tract for which any assessment remains unpaid shall be deemed to have personally assumed such liability. ARTICLE III. OPERATION OF THE DOMESTIC WATER SYSTEM 3 .1. Allotment Contract. The Association has acquired a Water Allotment Contract from the West Divide Water Conservancy District for 1.93 acre feet of water per year to serve the four ( 4) existing Tracts within the Property (the "Allotment Contract"). The water supply for the Tracts shall be limited to the uses and amounts permitted under the Allotment Contract. The water supplied to each Tract shall be limited to the following pernutted uses: (1) ordinary household purposes inside one single family dwelling; (2) fire protection; (3) the non-commercial watering ofup to four (4) animals; and (4) the irrigation ofup to 7,500 square feet of gardens and lawns. The Association shall be responsible for all charges associated with the Allotment Contract, which amounts shall be assessed equally among the Tracts regardless of whether such Tracts are connected to or be:ing serviced by the Domestic Water System. 3 3 .2 Further Subdivision/ Additional Residences or ADUs. Providing water service to any additional lots, tracts or parcels hereafter created within the Property or any additional residences or Accessory Dwelling Units within the Property shall be subject to approval by a majority of the Owners. Upon any such approval, the Owner of such newly created lot, tract or parcel or additional residence or Accessory Dwelling Unit shall be responsible to pay any and all costs associated therewith, including, without limitation, those associated with amending the Well Permit and amending the Allotment Contract or obtaining a new allotment contract increasing the amount of water purchased from the West Divide Water Conservancy District. 3 .3. Operating Costs. The Association shall be responsible for all operating costs incurred in connection with the Domestic Water System. Upon connection to the Domestic Water System, the Owner of a Tract shall install a water meter to measure such Tract's water consumption. Any and all operating costs including, but not limited to, electrical service charges incurred by the Association, shall be assessed among the Tracts in proportion to their metered usage. 3.4. No Obligation Prior to Connection to the Well. Except for charges associated with the Allotment Contract, no Tract shall incur any obligation or be responsible for any costs with respect to the Domestic Water System for in1provements, maintenance, repairs or operating expenses, except during periods when such Tract is physically connected to the Domestic Water System or is otherwise using water from the Well. 3.5. Water Tanks Required. Upon connection to the Domestic Water System, each Tract shall be required to have an underground water storage tank having a capacity of not less than 1,500 gallons for storage of water from the Well. The Owner of each Tract shall be responsible for the installation and maintenance of the storage tank serving such Owner's Tract and shall be responsible for the payment of all costs associated therewith. No Owner shall be allowed to connect to the Domestic Water System unless and until a water storage tank is installed as required hereunder. 3 .6. Maintenance and Repair Costs. The Association shall be responsible for the upkeep, maintenance, repair and improvement of any po1tion of the Domestic Water System. Any and all costs incurred by the Association in connection therewith, shall be assessed equally among the Tracts sharing the use of such facilities. The upkeep, maintenance, repair and improvement of any water facilities serving only one Tract, and any costs associated therewith, shall be the exclusive obligation of the Owner of the patticular Tract served thereby. 3.7. Suspension of Use. In the event an Owner fails to pay the Association any sums assessed against such Owner's Tract pursuant to this Declaration, such Owner shall not be entitled to use the Domestic Water System or water from the Well until payment, in full, of the delinquent assessment and a ll additional charges imposed in accordance with the provisions of this Declaration. Any such suspension of use shall be in addition to a ll other remedies available to the Association pursuant to this Declaration, at law or in equity. 3.8. Easements. Easements necessary for the construction, maintenance, repair, replacement and operation of the Domestic Water System have been established for the benefit of the Tracts or otherwise granted to the Association. 4 ARTICLE IV. GENERAL PROVISIONS 4.1. Covenants Run With Land. This Declaration shall run with and be a burden on and a benefit to the Property and shall be binding upon all Owners of any interest in a Tract and any occupant of a Tract. 4.2. Consent to Future Wells. It is understood that the Dcclarant hereunder and the owner of the property upon which the Summer Pasture Wel1 is located, intends to drill additional wells thereon which shall be owned and operated by other water associations. Upon the Declarant's request, the Association shall provide written consent to the location of additional wells within 600 foet of the Summer Pasture Well and such written consent shall be delivered by the Association within fifteen (15) days after receipt of any such request. Notwithstanding any such consent, the Association shall have the right to pursue any and all remedies at law or in equity should any such additional well injure or othe1wise adversely in1pact the Summer Pasture Well or the water produced thereby. 4.3. Amendment and Revocation. This Declaration maybe amended or revoked only by the written agreement of the Owners of all Tracts, executed, acknowledged and recorded in the records of the Clerk and Recorder of Garfield County, Colorado. 4.4. Duration. This Declaration shall continue in effect until revoked or terminated in the manner provided above. 4 .5. Enforcement. F ailure of any Owner to comply with the provisions of this Declaration or with the Articles oflncorporation, or Bylaws of the Association, shall give rise to a cause of action in the Association, as well as any aggrieved Owner for the recovery of damages, injunctive relief or both. The failure of the Association or any Owner to enforce any such rights, shall in no event, be deemed a waiver of the right to do so in the future. 4 .6. Severability. If any clause or provision of this Declaration is determined to be illegal, invalid or unenforceable under present or future laws, all other terms and provisions hereof shall nevertheless remain in full force and effect. IN WITNESS WHEREOF, this Declaration of Shared Domestic Water System is dated and effective this 1..3_ day of .. I A ,Vµ_ Mr , 202ft. / DECLARANT: 5 SPECL\L WARRANTY DEED THIS DEED, made this 31st day of J·:muary, 2018. between A & E DIEMOZ LLLP, A COLORADO LTMITED LIABILITY LB1ITED PARTNERSHIP whose add ress is 214 Center Drive, Glenwood Springs, CO 81601 , GRA.NTOR(S), and WAYNE H. POLLARD whose address is 6448 County Road 233, Silt, CO 81652, GRANTEE(S): WITNESS, that the grantor(s), for and in consideration of 1he sum of ONE .\HLLI0."'1 SIX HUNDRED THOUSAND AND 00/100 DOLLARS (SI ,600,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, grantee's heirs and assigns forever, all the !'cal propeny, together with improvements. if any. situate, lying and being i11 the County of Gnrficld and State of Colorado, described as follows: FOR LEGAL DESCRIPTION SEE EXHIBIT ''A'' ATTACHED HERETO A~D FOR\Ul\G A PART H£REOF also known by street il.11d number as: 6875 County Road 233, Sill, CO 81652 TOGETHER with all and singular the hcn;ditamcnts and 11ppu1tcnances thereunto belonging, or in anywise appurtaining, and the r<::n:rsion and reversions, remainder and n:mainders, rents, issues and profits thercot; and all the estate, right, title, inter(!St. claim and demand whatsoever of the grnntor. either in law or equity, of, in and to the above bargained premises, with the hcrcditumcnts and appurtenances: Grantor(s) shall retain and reserve any and all interest in oil and nawral gas rights. A.ll other rights including gravel, sand, rock and similar for said property shall be transfrn-ed to Grantee(s). TO HAVE AND TO HOLD the said premises above bargained ::md described, with the appurtenances, unto the grantee, grantee's heirs and c15signs forever. The grantor(s), for the grantor, grantor's heirs, and personal reprcscntati\'es or successors, docs covenant and al!ree thar grnntor slrnll and will \VARR.\::--T A::--D FOREVER D.EFEND the above-bargained premises in the qui;t and pea;eablt:: possession of the grantee, grantee's heirs and assigns, against all and cvcry person or persons lawfully claiming the whole or any pun thereof, by, tl1rough or under rhc grantor, but not otherwise. The singular number shall include the plural, 1l1c plural the singular, and th<' use ofm1y gender shall be applicable to all genders. 11'1 WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. Frances M. Diemoz, General Partner State of County of The fo regoi ng instrnmcn\ was acknowledged, subscribed and sworn to before me this ,3 ~ day of -:r~~----___., ZO IB;' by f'loyd Diemoz, General Partner or A & E Diemoz LLLP, a Colorado limited li:ibiliiy limll~d 1rnrtnenhi11 My Commission Exp in:~~ iK __ v· lc"SS my IJand and Official Seal ' c__ SPECIAL WARRA.i~TY DEED TBIS DEED, made this 31.1 <la)' of Januar:r, 2018, between A & E DIEMOZ LLLP, A COLORADO LIM1TED LIABILITY LIMITED PART1','ERSIDP whose nddress is 214 Center Drin, Glenwood Springs, CO 81601, GRANTOR(S), and WAYNER.POLLARD whose address is 6448 County Road 233, Silt, CO S1652, GRA.i"'lTEE(S): WlTl'iESS, that the gr:mtor(s), for and in consideration of tl1e sum cf OKE MILLION SL\'. HUNDRED THOUSAND Al\'D 00/100 DOLLARS (Sl,600,000.00), the receipt and sufficiency of which is hereby acknowl<dgcd, has granted. bargained, sold a11d conveyed, and b)' these presents docs gran~ bargain. sell, convey and confinn unto the gmntces, grantee's heirs and assigns forever, all the r~ property, togclhcr wit~ improvements, if ,.ny, situate, lling and being in I.hr.: Coumy of Garfield and State of Colorado, described a'> foliows: FOR LEGAL DESCRIPTION SEE EXH!BIT "A" ATTACKED HERETO AND FORi'\:llNG A PART HEREOF also known by slrcet and number as: 6875 County Road 233, Silt. CO 81652 TOGETHER with all and singular the hcrcditamcnts and appurtenances thereunto belonging, or ill ar,ywiso appurtn..ining, and the re.version aud revers:ions, reruaindi!r 3.ad rcmaindt!rs, renLc;., issues and profits ,h~rcof, .w.d all the cstite, right. title~ in1~resc. cl&im and demand whatsoever of the gra.ntot, either in Ia\"' or equity, of, in and ro the abo..-e bargained premises, with the hercditruneots and applll'lennnccs; Grantor(.s) shall rct:lin and rcsor.,·e any and all interest io oil end natural gas rights. All other rights including gravel., sand, rock and similar for said property shall be transferred to Grnr.tcc(s). TO HA VE AND TO HOLD tbe said premises above bargained nnd described, witb. the appurtenances, unto the grantee, grantee's heirs and assigns forever. Tht:: grantor(s), for the grantor, grantor's heirs, and personal repr~senl~ives or successors, docs covcnunt and agree that grantot shall and wi!I WARRA1'lT AND FOREVER DEl~El\'D 1he .t.bove•bargaincd premises in the quiet and peace-able possession of the gr:\11tc~, grairr~e•s he.in, and ;!.Ssign5:, ego.inst all and every person or p~rsons lawfully claiming the whole or any p1rt rherc:of. by, through or under the granter, but not otherwise. The singl!lar number shall include the plural. the plural the singular, and the use of any gender shall bo applicable to all gender:._ IN WITNESS WHEREOF, the grantor has executed this deed on the date sci forth above. A&. E Diemoz LLLP. a Colorado limited liabili~/ limited partnefship S'.alc of D{~ \\A...S.l ~\Jc G County of ~(A~ OFFICIAL SEAL Sharon Gallegos l!ln t,q,,r..s, 1201064 EXHIBIT "A" Attached to and fanning a patt of SPECIAL WARRANTY DEED between GRANTOR: A & E DIEMOZ LLLP, A COLORADO LIMITED LIABILITY LIMITED PARTNERSHIP GRANTEE: WAYNE H. POLLARD LEGAL DESCRIPTION The Wl/2 SWl/4; Wl/2 NEl/4 SWl/4 of Section 25, Township 5 South, Range 92 West of the 6th P.M. LESS AND EXCEPTING 10.145 acres of land situated within the NWl/4 SWl/4 of said Section 25 described as follows: Beginning at a point on the North boundary of a county road whence the East 1/4 corner of said Section 25 bears North 72°38' East 4329.05 feet, thence North 782.18 feet, thence West 565.0 feet, thence South 782.18 feet, thence East 365.0 feet to the point of beginning and a right of way for an existing ditch from said tract to the West lateral of the Harvey Gap Reservoir. NWl/4 NWl/4, S1/2 NWl/4, Nl/2 SWl/4, SWl/4 SWl/4 and the West 30 acres of the SEl/4 SWl/4, all in Section 36, Township 5 South, Range 92 West of the 6th P.M. Note: The NEI/4 SWl/4 is also described as Tract Nos. 37, 38, 43 and 44 as shown by Plat No. 1 of the Antlers Orchard Development Company. DECLARATION OF EASEMENTS AND --~-----·~---------~-'"'ii Re.co.rded Electronically ID ~.=u°lC\S County l Ud!e __ ·- L--~plifile.com 800.460.5657 ROAD MAINTENANCE AGREEMENT KNOW ALL MEN BY THESE PRESENTS: This Declaration of Easements and Road Maintenance Agreement is made this .2k_ dayofMay, 2021 by WAYNE H. POLLARD ("Pollard"), ZANE HADERLIE and PAIGE L. HADERLIE (collectively "HADERLIE") and JOSE JESUS GONZALEZ and SADIE ANN GONZALEZ (collectively "GONZALEZ"). RECITALS A. Pollard is the owner of the SWl/4 SWl/4 of Section 36, Township 5 South, Range 92 West of the 6th P.M., the NWl /4 SWl/4 of said Section 36, which contains Tract Nos. 39 and 40, as shown on the Antlers Orchard Development Company's Plat No. 1, recorded as Reception No. 37488 in the Garfield County, Colorado records, and the Wl/2 of the NEl /4 SWl/4 of said Section 36, which contains Tract Nos. 38 and43 as shown on said Antlers Orchard Development Company's Plat No. 1 (collectively the ''Pollard Property"). B. Pollard is also the owner ofLot 1, Brackett Minor Subdivision according to the Plat thereof recorded as Reception No. 943986 of the Garfield County, Colorado records ("Lot 1 "). C. Haderlie is the owner ofTract No. 37, as shown on the Antlers Orchard Development Company's Plat No. 1, recorded as Reception No. 37488 in the Garfield County, Colorado records ("Tract 37"). D. Gonzalez is the owner of Tract No. 44, as shown on the Antlers Orchard Development Company's Plat No. 1, recorded as Reception No. 37488 in the Garfield County, Colorado records ("Tract 44"). E. The Plat of the Brackett Minor Subdivision recorded as Reception No. 943986 of the Garfield County, Colorado records established a 40' Access Easement across Lot 1 ("Lot 1 Easement"). F. Pollard is desirous of establishing additional common, non-exclusive road and utility easements extending from the point at which the Lot 1 Easement terminates for the use and benefit of all lots, tracts and parcels now existing or hereafter created in the Pollard Property, and Tracts 37 and 44. G. The parties are desirous of establishing a Road Maintenance Agreement setting forth the manner in which the shared access road located within the Lot 1 Easement and the easements created herein shall be shared and maintained for the benefit of the lots and parcels served thereby. 957995 06/11/2021 11 :42:51 AM Page 1 of 6 Jean Alberico , Garfield County, Colorado Rec Fee: $38.00 Doc Fee: $0.00 eRecorded DECLARATION OF EASEMENTS AND ROAD MAINTENANCE AGREEMENT KNOW ALL MEN BY THESE PRESENTS: This Declaration of Easements and Road Maintenance Agreement is made this~ day of May, 2021 by WAYNE H. POLLARD ("Pollard"), ZANE HADERLIE and PAIGE L. HADERLIE (collectively "HADERLIE") and JOSE JESUS GONZALEZ and SADIE ANN GONZALEZ (collectively "GONZALEZ"). RECITALS A. Pollard is the owner of the SWl/4 SWl/4 of Section 36, Township 5 South, Range 92 West of the 61h P.M., theNWl/4 SWl/4 of said Section 36, which contains Tract Nos. 39 and 40, as shown on the Antlers Orchard Development Company's Plat No. 1, recorded as Reception No. 37488 in the Garfield County, Colorado records, and the Wl/2 of the NEl/4 SWl/4 of said Section 36, which contains Tract Nos. 3 8 and 43 as shown on said Antlers Orchard Development Company's Plat No. 1 (collectively the "Pollard Property''). B. Pollard is also the owner of Lot I, Brackett Minor Subdivision according to the Plat thereofrecorded as Reception. No. 943986 of the Garfield County, Colorado records ("Lot 1 "), C. Haderlie is the owner of Tract No. 37, as shown on the Antlers Orchard Development Company's Plat No. I, recorded as Reception No. 37488 in the Garfield County, Colorado records (''Tract 37"). D. Gonzalez is the owner of Tract No. 44, as shown on tbeAntlers Orchard Development Company's Plat No. 1, recorded as-Reception No. 37488 in the Garfield County, Colorado records e'Tract 44"). E. The Plat of the Brackett Minor Subdivision recorded as Reception No. 943986 of the Garfield County, Colorado records established a 40' Access Easement across Lot 1 ("Lot 1 Easement"). F. Pollard is desirous of establishing additional common, non-exclusive road and utility easements extending from the point at which the Lot 1 Easement tenninates for the use and benefit of all lots, tracts and parcels now existing or hereafter created in the Pollard Property, and Tracts 3 7 and 44. G. The parties are desirous of establishing a Road Maintenance Agreement setting forth the manner in which the shared access road located within the Lot l Easement and the easements created herein shall be !>hared and tnaintained for the benefit of the lots and parcels served thereby. DECLARATION NOW, THEREFORE, Pollard hereby declares, creates and establishes the following easements and the parties hereby declare, create and establish the following Road Maintenance Agreement with respect to the Shared Access Road as defined below: 1. Road and Utility Easement A. There is hereby established for the use and benefit of all lots, tracts and parcels now existing or hereafter created in the Po 11ard Property and Tracts 3 7 and 44, a non-exclusive easement and right-of-way for ingress, egress, access, roadway and underground utility purposes, said Easement being forty-five ( 45) feet in width, and more particularly described and depicted on Exhibit A attached hereto and incorporated herein by this reference ("Easement A"). 2 . Road and Utility Easement B. There is hereby established for the use and benefit of all lots, tracts and parcels now existing or hereafter created in the Po11ard Property, a non-exclusive easement and right-of-way for ingress, egress, access, roadway and underground utility purposes, said Easement being forty-five ( 45) feet in width, and more particularly described and depicted on Exhibit B attached hereto and incorporated herein by this reference ("Easement B"). 3. Shared Access Road. The entire roadway located within the Lot 1 Easement, Easement A and Easement B, shall be referred to herein as the "Shared Access Road". 4. Road Maintenance Standards. The Shared Access Road shall be maintained as a gravel/dirt road to a minimum standard that will accommodate convenient travel over a reasonably smooth surface by an ordinary two-wheel drive passenger automobile. 5. Sharing of Costs. Any and all costs incurred in connection with the upkeep, maintenance, repair and improvement of the Shared Access Road shall be divided equally among the owners of all lots, tracts and parcels now existing or hereafter created within Lot 1, the Pollard Property and Tracts 37 and 44 which are accessed or otherwise served thereby; PROVIDED THAT, each such owner shall only be responsible to share in such costs attributable to that portion of the Shared Access Road used to access or otherwise serve such owner's lot, tract or parcel. Notwithstanding the foregoing, in the event any maintenance or repair of the Shared Access Road is required as a result of excessive use or the negligent or intentional act of one or several owners, such owners shall be responsible for any and all costs associated with such maintenance and/or repair. 6. Maintenance and Repairs. The upkeep, maintenance, repair and improvement of any portion of the Shared Access Road shall be conducted in such manner and at such times as deemed necessary by owners representing a majority of the lots, tracts and parcels now existing or hereafter created within Lot 1, the Pollard Property and Tracts 37 and 44 which are accessed or otherwise served by such portion of the Shared Access Road. Notwithstanding the foregoing, any improvement to any portion of the Shared Access Road over the minimum standard described in Paragraph 4 above (i.e., pavement, chip and seal, concrete, etc.), shall require the unanimous agreement of all owners of lots, tracts and parcels then accessed or otherwise served by such portion of the Shared Access Road. 2 7. Enforcement. The failure of any owner of a lot, tract or parcel served by any portion of the Shared Access Road to pay his or her share of the maintenance, repair or improvement costs or otherwise comply with the provisions of this Declaration of Easements and Road Maintenance Agreement shall give rise to a cause of action in favor of any other owner or owners aggrieved thereby for the recovery of damages, costs of action and attorney's fees. The failure of an aggrieved owner to enforce any such rights of collection or enforce the maintenance standards shall, inno event, be deemed a waiver of the right to do so in the future. 8. Binding Effect. This Declaration of Easements and Road Maintenance Agreement shall b e recorded in the records of Garfield County, Colorado and shall run with the respective lots, tracts and parcels now existing or hereafter created within Lot 1, the Pollard Property and Tracts 37 and 44 and shall be binding upon and inure to the benefit of the owners of said lots, tracts and parcels and their respective successors apd assigns. IN WITNESS WHEREOF, this Declaration ofEasements and Road Maintenance Agreement is executed this Tu day of May, 2021. z~~ Zane Haderlie Pai~ STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) J JtA-vi.e The foregoing instrument was acknowledged before me this ;)VI. day of May; 2021 , by Zane Haderlie and Paige L. Haderlie. rbt.. Witness my hand and official seal. Mycommissionexpiresc cA-:n-,<o~ l~ ,LQfil Notary Public DENNA CONWELL NOT ARY PUBLIC STATE OF COLORADO NOTARY ID #1 9934014538 My Com mission Expires Septembe r 27, 2021 3 STATE OF COLORADO ) )ss. ~ COUNTY OF GARFIELD ) 0' The foregoing instrument was acknowledged before me this '?}'~ay o~ 1, by Jose Jesus Gonzalez and Sadie Ann Gonzalez. Witness my hand and o~al seal. My commission expires: C, • 1--3 ST ATE OF COLORADO ) ~~M -~ STEPHANIE BORNHOLDT NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20074030604 My Commission Expires August 9, 2023 . ) ss. ~ COUNTY OF GARFIELD ) _ _j\)f'-A..._ The foregoing instrument was acknowledged before me this \ cl~ 0~ 2021, by Wayne H. Pollard. Witness my hand and o~a!..§eal. My commission expires: · '--\-1-..3 :..-STEPHANIE BORNHOLDT NOTARY PUBLIC STATE OF COLORADO iTARY ID #20074030604 My to~mission Expires August 9, 20~ ~ ~Ci£aA ,~ Notary~ 4 I I I EXHIBIT A I ----------~----------------+------------ Center West 1/16 Corner Seclron 36 I Tract 39 Antlers Orchard Development Compa,iy's Plat No. 1 Reception No. 37488 I Found 30' # 6 Rebnr and I 3-1/4" Al11minum Cap I I Stamped ·c-c Wl/ l 6 S36 PLS 36572 2019" I I I I I I I I ~ctn I I Antlers Orclw.rd Developmenl I I Company's Plat No l I I Reception No. 37488 I ?f r r-, I ~, 1~,, I ~ I ,..._, ' I ~o l 1 / ,--....'...._ ',-. ~! .:$1 '~•,, I Traer 37 Antlers Orchard Development Company's Plat No. l Reception No. 37488 .gr •1I '~, I __________ i: r L ___ '..:~\------+------------ "'I t:-n \ \ , \ S1/2NW1/4SW1/4 ~'1 ~~ \\\ ' ' \ \ \ c:; I \. \. \ \ <; ,...,-45.o· ~, \. \' I.\~ ~, '~'v >,,, I \~\ I I )~~' \ ,\ I I 4 5 0·_/ ',, \ 41 I ',\, \ .. _z?-4 I '' \. -''' I \.~n I I -r,c:,c-( ·fJ '\. \ ~ I Antlers Orchord lk'vrlhp mc:H \ \\ I Tract 44 Antlers Orchard Deve[opment Company's Plat No. 1 Reception No. 37488 I Compariti 's /'/,;;; ""· J \ , \ :S I Receptw,. NP :!i,;SS \ \<{-I Found ff5 Rebar& I \\\ IJ 1 i.J/4"0 rangePlast,cC:ap I \ ~ Stamped "PROP CORNER -------+ N 8~:~t;,,. /•, 661.,1.5' ' ~ '~PLS 365 72' I Southwest 1/16 Corner Se ction 36 \ Found 30" #6 Rebar and \ \/ 3-1/4" Alumt·num Cap 40.0' ,tcccs-.:;: J-:ascmc,d \, \ Slamped ·sw1116 S36 PLS 3 0 6572 2019" Brackett f,lmur Subtlw,~w11 _/ \ \ Recept<c.m tin C/4 .JQt;f, f,JNE Ll [;2 / ... l L-l IL.i L(, Ll L.~ Brcic1H:ct Minor St1U<lu.11sio11 Re{ e-,,,,ofl /In 9,:;JQtf<, BEARING J)/SJ't,,NCf.: S 89"51 '06' W 9S 1J N .33•_5 9 ·_'3fi"' ~~r ..!09 . .i..~· ":,;u-1J'1.L w ',<i,tht, N os~•H> 1s E 19:!.!IO S 5~')• ,., uo-J,. ~IJ3 u•1 S ,31•391.:;: 1:. ,;,,-;_o., S 6•1 ''>921,· E /4 83 s 00·11,-i7 IV .!S ..!.;JS \ \ \ \ ' \ SCALE: I"~ 200' 1·1 .J.?"()0' ,1t,. ,1 · ./6,.l'I ·""' :11 ·1 J .'"19 \Y ,1·.?101 . •1 C~{ J;,0.01J' UJ.llf 117 •1,-:, 1 Jr2~.ll\~• •li,"J-;·1 1 •• ? ,.. f/1wJuur(2t·. ~11::;JJ i I'. , o', ~ .' "'J... tJ.. ·~,,· 1~~~ ·,f •~; .. B·' SH EET 1 OF 2 DATE: MARCH 15, 2021 JOB NO: -~'=8~1.3~0_-~0~1 __ EXHIBIT A EASEMENT DESCRJPTION A STRIP OF LAND FORTl'-F/VE (4-5) FEET WIDE FOR THE PURPOSE OF AN ACCESS AND UJ'/UTY EASEMENT SJTUATE IN TRACTS 38 AND 43, ANTI,ERS ORCHARD DEVELOPMENTCOMPANY·s PLAT NO ONE, RECORDED AS RECEPT!Orf NO. 37488 OF THE GARFIELD COUNTY, COLORADO CLERK AND RECORDER'S RECORDS, SITUATE IN THE NE1/1SWJ/4 SECTION 36, TOWNSHIP 5 SOUTH, RANGE 92 \VEST OF THE 6TH PRINCJPAL MERIDIAN, GARFIELD COUNTY, COLORADO ALL BEARINGS REI..ATTVE TO AN ASSUMED DEARING OF soo·oo·12 J}; ALONG THE WEST LINE OF SAID NE1/4SWJ/4 SECTION 36 BETIVEEN THE CENTER WEST 1/16 CORNER, A FOUND U6 REBAR AND 3 -1/4 " ALUM(NUM CAP STAMPED "C (; WI/ 16 S36 PLS 36572 2019' AND THE SOUTHWEST 1/16 CORNER, A FOUND t6 REBAR AND 3-1/4 " ALUMINUM CAP STAMPED ·sw1116 S36 PLS 36572 2019". SAID S1'RJP cw LllNL> 81.:.'/NC Tl\f,'l-NTY 1'!V() Mm n se !IM.JI' (z:!.51 /IP.er 1'(/ r:1wn smP. ()f,' f'f 1E POi.LOi//NC; /J/!Sf:!<IBl:i[) CENTERLJNE. COMMENCING AT SAID SOUTHWEST I I 16 CORNER SECTION 36; THENCE ALONG THE SOUTH /,/NE OF SAID NEJ/4SW1 /4 SECTION 36 N89 '5 1 '06'E 568 62 FEET TO A POINT ON THE CENTERLINE OF THE FORTY/40) FOOT ACCP:ss EASEMENT AS SHOWN ON REC/iPTJON NO. 943986, THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAJD SOUTH LINE N33'59'36'W 209 87 FEET; THENCE ALONG THE ARC Or' A CURVE 1'0 THE LEFT HAVING A RADIUS OF 325.00, AN ARC LENGTH OF 36 31, (CHORD BEARS N37'1 1 ·39•w 36 29 FEE1); Tl-fENCE M40'23'42•W 492 66 FEET; THENCE ALONG THE ARC OF A NON-TANGf,;NT CURVE TO THE RIGHT HA VTNG A RADl US OF 150.00, AN ARC LENGTH OF 121.18. (CHORD BEARS N17'22'21"W 117.91 FEE1J; THENCE NOS'46'15"E 192.90 FEET; THENCE S55'19'09"E 333 69 rnET: THENCE S31 "39'15"E 444.03 FEET; THENCE S61 •59·26"E 74 83 FEET TO A POINT ON THE EAST LINE OF SAID •rRACT 43, THE POINT OF TF.RMINUS; WHENC'E THE SOUTHEAST CORNER OF SAID TRACT 13 BEARS soo•25· I ?"IV 282 85 FEET. SIDE LINES TO RE l,ENGTHENED OR SHORTENED 'I'O CLOSE \V1TH PROPERTY LINES. SHEET 2 OF 2 DATE: MARCH 15, 2021 JOB NO: _ _,1..=Bc.:..13""-'0"---'0~1,___ STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The furegollig instrument was acknowledged before me trnsJ-3__ day~ 202J, by Wayne H. Pollard. Witness my hand and official seal. My commission expires: i D\ • ~3 STEPHANIE BORN HOLDT NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20074030604 My commission Exp.ires August 9, 2023 ~~ Notaryublic 6 NTC Submittals As organized by staff Order Item 1 Updated Property Owners 2 Updated Title Commitment 3 Updated Draft Amended Final Plat 4 Slope Analysis 5 Water Quality Test 6 Water Pump Test 7 Water Quality test – Summer Pasture 8 Boundary Line Adjustment 9 Signed Statement – OWTS 10 Signed Statement – Access 11 Signed Statement – Well location 12 Signed Statement – Irrigation and Domestic Wells PROPERTY OWNERS WITHIN  200 FEET OF SUBJECT PROPERTY  (Tracts 38, 39, 40, and 43 of the Antlers Orchard Development Company Plat #1)  And  (S1/2NW1/4SW1/4 in the SW1/4 of Section 36, TS 5S, R 92 W of the 6th P.M.)    Dylan & Crissi M. Walters  807 County Road 237  Silt, CO 81652    Jose Roberto Munoz and Meliza Gonzalez  50591 Hwy 6, Unit 17  Glenwood Springs, CO 81601    Gilberto Montanez and Estrada O. Martinez  P.O. Box 236  Silt, CO 81652    Paige and Zane Haderlie  P.O. Box 307  Rifle, CO 81650        Jose Jesus and Sadie Ann Gonzalez  P.O. Box 178  Silt, CO 81652    Kelly Dawn Fender  415 County Road 237  Silt, CO 81652    Thomas E. Jr. and Shauna M. Swale  0013 Queen City Circle  Parachute, CO. 81635    David Fitzsimmons  56 County Road 266  Silt, CO 81652    Justin R. Hampton  188 Rainbow Court  Silt, CO 81652    Carolyn Jo Spencer  475 County Road 237  Silt, CO 81652‐9537      James M. Smith  353 County Road 237  Silt, CO 81652    James and Mary Roark  6303 County Road 233  Silt, CO 81652    Thomas Alan Trofholz and Terrie Ann Joint Revocable Trust  Dated February 9, 2010, Thomas Alan and Terrie Anne Trofholz Trustees  251 County Road 237  Silt, CO 81652    Robert J. and Pamela A. Arcia  331 County Road 237  Silt, CO 81652‐95637    Wayne Pollard  6448 County Road 233  Silt, CO 81652      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 1, 2021 File No. 1901067.2 Property Address. , Silt Property Professionals 704 Main Street #B Silt, CO 81652 Attn: Wayne Pollard Email: wayne@pollardteam.com COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 1901067.2 1. Effective Date: June 24, 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: Wayne H. Pollard 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: See Attached Exhibit "A" TITLE CHARGES Informational Commitment $167.00 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. 1901067.2 EXHIBIT "A" Parcel 1: Tract 26 Amended Final Plat of Tracts 23, 25 and 26 Antlers Orchard Development Company's Plat No. 1 According to the plat thereof recorded October 15, 1991 as Reception No. 926831 Parcel 2: Township 5 South, Range 92 West of the 6th P.M. Section 36: NW¼NE¼SW¼ also known as Tract 38 Antlers Orchard Development NE¼NW¼SW¼ also known as Tract 39 Antlers Orchard Development NW¼NW¼SW¼ also known as Tract 40 Antlers Orchard Development SW¼NE¼SW¼ also known as Tract 43 Antlers Orchard Development SW¼SW¼, S½NW¼SW¼ Parcel 3: Lot 1 Brackett Minor Subdivision According to the plat thereof recorded October 20, 2020 as Reception No. 943986 File No. 1901067.2 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. 1901067.2 SCHEDULE B - SECTION 2 Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the company: 1. Rights or claims of parties in possession not shown by the Public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded January 25, 1894 as Reception No. 16856, January 9, 1895 as Reception No. 18080, and January 22, 1896 as Reception No. 19023 10. Rights of way shown on Plat No. One Antlers Orchard Development Company. 11. Reservation of an undivided One-half interest in all oil, gas and other minerals as more particularly described in deed recorded August 17, 1959 in Book 319 at Page 528 (S1/2NW1/4, SW1/4SW1/4, NW1/4SW1/4 of Section 36) and any and all interests therein or assignments thereof. 12. Reservation of ditches, ditch headers or diversion sites and/or sand traps, ditch rights of way, road and lanes as described in deed recorded May 18, 1934 in Book 167 at Page 334. (Exact location not defined) 13. Reservation of an undivided one-half interest in and to all oil, gas and other minerals as described in deed recorded November 24, 1947 in Book 232 at Page 574 (S1/2NW1/4, SW1/4SW1/4, NW1/4SW1/4 Section 36) and any and all interests therein or assignments thereof. 14. Reservation of an undivided one-half interest in and to all oil, gas and other minerals as described in deed recorded December 2, 1954 in Book 281 at Page 175 (S1/2NW1/4, SW1/4SW1/4, NW1/4SW1/4 Section 36) and any and all interests therein or assignments thereof. 15. Right of way for County Road No. 237. 16. Reservation of an undivided ½ interest in and to all oil, gas and other minerals as more particularly described in Deed recorded October 23, 1957 in Book 305 at Page 58 and any and all assignments thereof or interests therein. 17. Reservation of an undivided one-half interest in all oil, gas and other minerals as more particularly described in Deed recorded August 17, 1959 in Book 319 at Page 526 (NE¼SW¼ and the West 30 acres of the SE¼SW¼ Section 36) and in Deed recorded August 17, 1959 in Book 319 at Page 523 and any and all assignments thereof or interests therein. 18. Any question as to the exact size or location of the West 30 acres of the SE1/4SW1/4 of Section 36. 19. Mineral rights as described in Decree Quieting Title recorded January 23, 2007 in Book 1887 at Page 383 and any and all assignments thereof or interests therein. 20. Terms, conditions and all matters set forth in unrecorded Lease Agreement by and between A & E Diemoz, LLLP and Wayne Pollard. 21. Reservation and any and all interest in oil and natural gas rights in instrument recorded February 1, 2018 as Reception No. 902839 and any and all assignments thereof or interests therein. (continued) File No. 1901067.2 SCHEDULE B - SECTION 2 (Continued) 22. Terms and conditions set forth in Declaration of Easements recorded September 13, 2018 as Reception No. 911705. 23. Terms and conditions set forth in Declaration of Utility Easement recorded September 13, 2018 as Reception No. 911704. 24. Right of way for ditches and canals in place and in use. 25. Easement granted to Public Service Company of Colorado in instrument recorded March 19, 2019 as Reception No. 918273 and March 19, 2019 as Reception No. 918274 26. Terms and conditions set forth in Easement Deed and Declaration recorded March 20, 2019 as Reception No. 918347. 27. Terms and conditions set forth in Declaration of Easement (access and utility) recorded April 25, 2019 as Reception No. 919589. 28. Terms and conditions set forth in Easement Deed and Declaration (Domestic Waterlines) recorded April 25, 2019 as Reception No. 919590. 29. Terms and conditions set forth in Declaration of Easement (Utility and Irrigation Waterline) recorded April 25, 2019 as Reception No. 919591. 30. Terms and conditions set forth in Easement Agreement recorded August 6, 2019 as Reception No. 923810. 31. Terms and conditions set forth in Easement Agreement recorded September 20, 2019 as Reception No. 925765. 32. Terms and conditions set forth in Easement Agreement recorded February 27, 2010 as Reception No. 932364. 33. Terms and conditions set forth in Easement Agreement recorded February 27, 2010 as Reception No. 932367. 34. Easements, rights of way and all matters set forth on the Plat recorded as Reception No. 926831. 36. Easement granted to Public Service in instrument recorded February 1, 2021 as Reception No. 949619. 37. Terms and conditions of Declaration of Shared Domestic Water System recorded January 14, 2021 as Reception No. 948619. 38. Terms and conditions set forth in Declaration of Easements and Road Maintenance Agreement recorded June 11, 2021 as Reception No. 957995. 39. Easements, rights of way and all matters shown on the Plat recorded October 15, 2019 as Reception No. 926831. 40. Terms and conditions set forth in Declaration of Shared Domestic Water System recorded January 14, 2021 as Reception No. 948618. 41. Easements, rights of way and all matters shown on the Plat recorded October 20, 2020 as Reception No. 943986. 42. Easement granted to Public Service in instrument recorded February 1, 2021 as Reception No. 949616. 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. Amended Final Plat of Tracts 38, 39, 40 and 43 ANTLERS ORCHARD DEVELOPMENT COMPANY'S PLAT NO. 1 and TSSR 2W T6S 92W Sectwn4 Vici.nity Map Scale: l "=2000' TITLE CERTIFICATE I, ------------~ AN ATTORNEY LICENSED 1'0 PRACTICE LAW IN THE STATE OF COWRADO, OR AGENT AUTHORIZED BY A TITLE INSURANCE COMPANY, DO HEREBY CERTIFY THAT I HA VE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS 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. 2019. TITLE COMPANY: _______________ _ AGENT OR ATTORNEY COLORADO ATTORNEY REGISTRATION NO. ___ _ SURVEYOR NOTES 1.) DATE OF SURVEY WAS MARCH 2021. 2./ BASIS OF BEARINGS FOR THIS SURVEY IS AN ASSUMED BEARING OF N89"18'57"EALONG THE EAST-WEST CENTERLINE OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 92 WEST6TH P.M. BETWEEN THE WEST 1/4 CORNER, A #6 REBAR AND 3" ALUMINUM CAP STAMPED "Wl/4 S36 LS 13501" AND THE CENTER WEST 1/16 CORNER, A #6 REBAR AND 3-1/4" ALUMINUMCAPSTAMPEDWwl/16 S36 PLS 36572" AS SHOWN HEREON. 3.) THE PURPOSE OF IBIS AMENDED FINAL PLAT AND BOUNDARY UNE ADJUSTMENT JS: a. TO ADJUST THE BOUNDARY LINES OF TRACTS 38, 39, 40 AND 43 OF ANTLERS ORCHARD DEVEWPMENT COMPANY'S PLAT NO. 1 TO BETTER FIT THE EXISTING TOPOGRAPHY b. TO ADJUST THE FORTY-FIVE FOOT ACCESS AND UTILITY EASEMENT RECORDED AS RECEPTION NO. 957995 TO CONNECT WITH THE FORTY-FWE FOOT ACCESS AND UTILITY EASEMENT CREATED WITH THIS PLAT c. TO CREATE TIIE "RANCH TRACT" {AS SHOWN HERON) BY MERGING TIIE REMAINDER PORTIONS OF TRACTS 38, 39, 40 AND 43 WITI-I THE Sl/2NW1/4SW1/4 OF SECTION 36. 4./ NO IRRIGATION DITCHES WERE OBSERVED ON ANY TRACTS OR PARCELS SHOWN HEREON. 5.) THIS AMENDED PLAT IS BASED ON: a. ANTLERS ORCHARD DEVEWPMENT COMPANY'S PLAT NO. 1, RECORDED AS RECEPTION NO. 37488. b. AMENDED FINAL PLAT TRACTS 23, 25 AND 26, ANTLERS ORCHARD DEVELOPMENT COMPANY'S PLAT NO. 1 RECORDED AS RECEPTION NO. 926831. c. THE BOUNDARY SURVEY A&E DIEMOZ LLLP RANCH, DEPOSITED IN THE GARFIEW COUNTY, COWRADO SURVEYOR'S LAND SURVEY PLATS ON APRIL 2, 2010 AS DEPOSIT NO. 839. d. RESEARCH FOR RIGHTS-OF-WAY AND EASEMENTS OF RECORD ARE BASED ON COMMONWEALTH LAND TITLE INSURANCE FILE NO. 1901067.2 DATED JULY 1, 2021. e. MONUMENTS FOUND IN PLACE AS INDICATED HEREON. 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 TI-lE LAWS OF THE STATE OF COLORADO, THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE AMENDED FINAL PLAT OF TRACTS 38, 39, 40 AND 43 ANTLERS ORCHARD DEVELOPMENT COMPANY'S PLAT NO. 1 AND BOUNDARY LINE ADJUSTMENT OF THE Sl/2NW1/ 4SW1/ 4 AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT ACCURATELY REPRESENTS A SURVEY, PERFORMED BY ME OR UNDER MY SUPERVISION, IS BASED ON MY KNOWLEDGE, INFORMATION AND BEUEF, AND THAT IT CONFORMS WITH THE CURRENT "STANDARDS FOR LAND SURVEYS" OF THE COLORADO AES BOARD OF LICENSURE, AS WELL AS WITH RELATED SURVEY REQUIREMENTS OF CURRENT VERSIONS OF THE COLORADO REVISED STATUTES AND THE COUNTY OF GARFIEW REGULATIONS, THIS CERTIFICATE IS NOT INTENDED TO BE AN EXPRESS OR IMPUED WARRANTY OR GUARANTEE OF ANY MATTERS EXCEPT THOSE STATED IN THE PRECEDING SENTENCE AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF THE AMENDED FINAL PLAT OF TRACTS 38, 39, 40 AND 43 ANTLERS ORCHARD DEVELOPMENT COMPANY'S PLAT NO, 1 AND BOUNDARY LINE ADJUSTMENT OF THE Sl/2NW1/ 4SW1/ 4 AS THE SAME ARE~T. D 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:_______ ~v MICHAEL J. LANGHORNE, L.S. #36572 BOUNDARY LINE ADJUSTMENT of the Sl/2NW1/4SW1/4 Situated in the SWl/ 4 of Section 36, Township 5 South, Range 92 West of the 6th P.M. Lot 20 Asgard Subdivision, Fl Reception No. 250130 I I I I I Tract 25 Antlers Orchard Development Company's Plat No. 1 Reception No. 37488 County of Garfield, State of Colorado , I , / I 11 I i Ii %,, Tract 26 // ~:';:~~.Fi~t:~ ~~t 1' : 1 1 1 Antlers O~~ ~velopment : 1 1 1 ! / Antlers Orchard Development Company's Plat No. 1 / Reception No. 926831 / i Company's Plat No. 1 I Reception No. 37488 I I---30.0' Utility Eo.sement / I Trac.--t 28 Antlers Orchard Development Company's Plat No. 1 Reception No. 37488 West 1/ 4 Comer Section 36 Found #6 Rebar and 3" Aluminum Cap Stamped Wl/4 S36 LS No. 13501 5u under Asphalt -I I I I I Reception No. 911704 I I I i .,,,,,. / l I / Center West 1/ 16 Comer Section 36 , I / lO O' Public Service JJI 60 0' Right-of-Way I I I Set 3 0" #6 Rebar a nd ---' /I L, 40.0' Access & Utility Easement / Company.Easement l · I 3-l/4"A1uminumCapFlush , , _ ---_ ~ _::_ce~=n No. 93~~ _ ---_ -Rece:ti~n No, 3:4~8_J : I /~=mped w:_~l ~ s~6 :L~ 36572 ,-_ __ _ _ ! I ! Reception No. 919589 '.f""tc~;;z,c_::._=--=--N89°18'57"-E-67'7.62'------BasisoBea. N89"18'57" E 677.62' ~. N89 1857' E 677.62 ' '__:¥. ---===------ 238.58' 439.04' __ --__ -------------- I 30.0' Right-of-Way ._ \ 60.0' Right-of-Way 60.0' Right-o,f-Way ' \ Amended as Shown on Parcel 3 I Reception No. 37488 __. Tract 39 ---i~-Antlers Orchard Plat Reception No. 37488 I \ 2.144± Acres ! I Reception No. 37488 to be Vacated Laura Lee Subdivision Reception No. 346837 I ---1 I I Amended --------------J~ R . d p . •'Tra 40 45.0'A= .. &Ut;!ity lo, &II 4.5~:ct;~s I"'"' emam er ortion OJ ct Easement 1~ 0 Platted Croated with this Plat I~ c::1:1 Parcel 3 1.,_ Tract 40 ~0:2 ~I Laura Lee Subdivision Reception No. 37488 ~, Reception No. 346837 I~ to be Merged with L; --i, 8 l;l;1 - lpj Sl/2 NWl/4 SWll4 Remainder Portion of --------------18 Tract 39 Parcel 4 I" I Reception No. 37488 to be Merged with Sl/2NW1/4SW1/4 I I I I I I Amended Tract 38 4.974± Acres 45. O' Access & Utility Easement Reception No. 9579 " LJ s -t r...::a:;:_J~ 0 0 "' Tract 37 Antlers Orchard Development Company's Plat No. 1 Reception No. 37488 Laura Lee Subdivision Reception No. 346837 I I Amended -.n.--10.0' Public Service Company Easement Reception No. 949619 Tract 43 -T-----------7~~----------------~•r ----------------~~~~\-----~~~,,2~.9t2~9~±~A~=~s~r1------------ I I I I Book 1207 I Remainder Portion of I ~ Tract 38 I I Page I 56 I Ranch Tract Reception No. 374B8 I I Remainder of Tracts 38, 39, 40 & 43 to be Merged with ', I I & S1/2NW1/4SW1/4 1 1 ', \,_ Sl/2NW1/4SW1/4 '\. ,------------i~ 46.720± Acres "' , I I~ ', '"" I l "'i'e-"' Book 690 ...,, I Page3I4 I• ' ~-----------J~ co;:;;te;o;:PN;~~:J.7 Rema~;;t;;wnof--1--"--',~'~ I Recepti-On No. 37488 I to be Merged with I I Sl/2 NW1/4 SW1/4 45.0' Access & Utility I Book 1766 I Ea.5ement , Page 519 Reception No. 957995 \ \ , [_____ 45.0' Access & Utility Em;ement I Reception No. 957995 20.0' Public Seruice Company Easement Reception No. 949619 Tract 44 Antlers Orchard Development Company's Plat No. 1 Reception No. 3748B -+-----------I : U ___________ _,,__'c- L ___________ ~~d-----------~S~8~97~~3~~~3~"~W,;-:1~3474~.7147.,-----------/~~.--N-;:;-;:sm9~~~1~'0"67,"~E~6~6~7'.3~5~' ..... ,~~--------' / \ \ S 1/ 16 Comer Between Southwest 1/16 Comer Section 36 ..., I ~ 30.0' Right-of-Way as Shown on \ \ Sections 35 & 36 Found 30" # 6 Rebar and t,.J ~ Antlers Orchard Plat \ \ Set 30" #6 Rebar and 3-1/ 4" Aluminum Cap ~ g Reception No. 37488 \ \ I l · I ~ to be Vacated with this Plat 3-1 4"AummumCap Stamped"SW1/16S36PLS36572 2019" :t; ~ \ \ Stamped "BOOKCLIFF SURVEY -~d:Jlf- Sl/ 16 S35 S36 PLS 36572 2019" tt;i \ -v,Q-~a.6 \ \ LIENHOLDER CONSENT AND SUBORDINATION THE UNDERSIGNED, BEING THE BENEFICIARY UNDER A DEED OF TRUST GRANTED BY THE OWNER(S) UPON THE REAL PROPERTY PLAITED AND DIVIDED 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 IS MADE. EXECUTED THIS DAYOF _______ ~A.D., 2021. AUTHORIZED AGENT GRAND VALLEY BANK 925 N 7TH STREET GRAND JUNCTION, C081501 STATE OF COLORADO I : ss COUNTY OF ____ _ I THE FOREGOING LIENHQLDER CONSENT WAS ACKNOWLEDGED BEFORE ME 1HIS DAY OF _____ ~ A.D,, 2021, BY _______________________________________ _ MY COMMISSION EXPIRES: WITNESS MY HAND AND OF=F~1c=1A=L~SEAL=~. NOTARY PUBLIC -4,_ ' ,,,,,, ,_,,?,9" \ ~ .,_~!..;;::.~o gl< 40 O' A=ss Easement_;\ Y r Reception No. 943986 \ 33' Witness Comer to Wl/ 16 Comer Section 36 Found 30" #6 Rebar and 3-1/4" Aluminum Cap Stamped nBOOKCLIFF SURVEY T5S R92W Wl/ 16 S36 PLS 36572 WC 33" CERTIFICATE OF DEDICATION AND OWNERSHIP \ \ I I I I I I / II THE UNDERSIGNED, WAYNE H. POLLARD, BEING SOLE OWNER IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN GARFIEW COUNTY, COLORADO, DESCRIBED AS FOLLOWS: TRACTS 38, 39, 40 AND 43 ANTLERS ORCHARD DEVELOPMENT COMPANY'S PLAT NO. 1, RECEPTION NO. 37488 AND THE Sl/4NW1/4SW1/4, SECTION 36 CONTAINING 61.306 ACRES MORE OR LESS, HAS BY THESE PRESENTS LAID OUT AND PLATTED THE SAME AS SHOWN ON THIS PLAT UNDER THE NAME AND STYLE OF AMENDED FINAL PLAT OF TRACTS 38, 39, 40 AND 43, ANTLERS ORCHARD DEVELOPMENT COMPANY'S PLAT NO. 1, A SUBDIVISION IN THE COUNTY OF GARFIEW. THE OWNER(S) DO(ES) HEREBY DEDICATE(S) TO THE APPUCABLE PUBLIC UTILITY, ANY PUBLIC UTILITY EASEMENTS CREATED BY THIS PLAT FOR THEIR INTENDED PURPOSE, TOGETHER WITH THE RIGHT W TRIM INTERFERING TREES AND BRUSH, WITH PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH UTILITIES. SUCH EASEMENTS 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 DAYOF ______ A.D., 2021. WAYNER. POLLARD 6448 COUNTY ROAD 233 SILT, CO 81652 STATE OF COLORADO } : ss COUNTY OF GARFIELD ) THE FOREGOING CERTIFICATE OF OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS A.D., 2019, BY ____________________________ . MY COMMISSION EXPIRES: _____ _ WITNESS MY HAND AND OFFICIAL SEAL. NOTARY PUBLIC DAY OF _____ ~ MINERAL OWNERS 1. A&E DIEMOZ LLP 214 CENTER DR. GLENWOOD SPRINGS,CO 81601 2. J, GERALD DEUBLER 1553 NORTH 250 WEST SUNSET, UTAH 84015 3, KEVIN GERAW DEUBLER 1747 SOUTH625 WEST WOODS CROSS,UTAH 84087 4, MELVIN JOHN DEUBLER P.O. BOX201 DA YTON,MONTANA 59914 5, LATHAM FAMILY TRUST 3424 N.E. BE.AKEY STREET PORTLAND, OREGON 97212 6, PAULA KERZON 2299 ZINNIA WAY GOLDEN CO 80401 COUNTY COMMISSIONER'S CERTIFICATE 0 200 Scale: 1 "-200' UNE BEARING DISTANCE LI N 68°58'24" E 65,63' L2 N 66°24'08" E 123.96' L3 N 63°22'34" E 209.79' L4 N 48°39'48" E 279.35' LS N 46"42'54" E 147, 79' L6 N 48"06'17" E 142.06' L7 N 45°42'29" E 144.89' LB N 49°52'50" E 140.99' L9 N 43°57'13" E 269.60' LIO N 25°53'57" E 1B1.82' Lll N 18'06'29" E 143,89' L12 N 12"06'08" E 70.51' LEGEND Found # 5 Rebar and 1-1/ 4 n Orange Plastic Cap @ stamped LS # 36572 Existing Easement Easement Created with this Plat 600 BASED UPON THE REVIEW AND RECOMMENDATION OF GARFIELD COUNTY DIRECTOR OF COMMUNITY DEVELOPMENT, THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, HEREBY APPROVES THIS AMENDED PLAT THIS DAY ___ OF __________ ~ A.D., 2021, FOR FILING WITH THE CLERK AND RECORDER OF GARFIELD COUNTY AND FOR CONVEYANCE TO THE COUNTY OF THE PUBUC DEDICATIONS SHOWN HEREON, SUBJECT ro THE PROVISIONS THAT APPROVAL IN NO WAY OBLIGATES GARFIELD COUNTY FOR TI-lE FINANCING OR CONSTRUCTION OF IMPROVEMENTS ON LANDS, PUBLIC ROADS, HIGHWAYS OR EASEMENTS DEDICATED TO THE PUBLIC. EXCEPT AS SPECIFICALLY AGREED TO BY THE BOARD OF COUNTY COMMISSIONERS BY SUBSEQUENT RESOLUTION. THIS APPROVAL SHALL IN NO WAY OBLIGATE GARFIELD COUNTY FOR THE CONSTRUCTION, REPAIR QR MAINTENANCE OF PUBLIC ROADS, HIGHWAYS OR ANY OTHER PUBUC DEDICATIONS SHOWN HEREON. CHAIRMAN, BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO WITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD. ATTEST: ____________ _ COUNTY CLERK COUNTY SURVEYOR'S CERTIFICATE APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS OR DRAFTING, PURSUANT TO C.R.S. § 38-51-101 AND 102, ET SEQ. DATED THIS ___ DAYOF _________ A.D., 2021. GARFIELD COUNTY SURVEYOR CERTIFICATE OF TAXES PAID I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND ASSESSMENTS DUE AND PAYABLE AS OF __________________ ~ UPONALLPARCELSOFREALESTATEDESCRIBED ON THIS PLAT ARE PAID IN FULL. DATED THIS DAYOF _____ ~.A.D .• 2021 TREASURER OF GARFIELD COUNTY 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., 2021, AND IS DULY RECORDED AS RECEPTION NO. ______ _ ATTEST: ___________ _ CLERK AND RECORDER BY: _D_E_P_UT~Y---------- z 0 F D. °' ~ Lu 0 is iii 5 Lu "' ~ c.. ...J <( z LL 0 w 0 z w ~ <( C'? ""' 0 ""' 0) C'? CX) C'? Cl) I- 0 ~ I- FILE: 2nd AMD DFT. TL CK. MJL DATE: 3/31/21 PROJECT NO. 18130-01 SHEET OF Vicinity Map Scale: 1 "-2000' Amended Final Plat of T r acts 38) 39, 40 and 43 ANTLERS ORCHARD DEVELOPMENT COMPANY'S PLAT NO. 1 and BOUNDARY LINE ADJUSTMENT of the Sl/ 2NW1/ 4SW1/ 4 S ituat ed in the SWl/ 4 of Section 36, Township 5 Sou th, Range 92 West of the 6th P.M. C-Olff'OURS LU'ff:S SllOWl'I JlEE<EO/Y WERE Oll1'lllffED FRO,V GOOGLE EARnl DATA II ,, " I I " " II " " 20± Acres Rf'mnmc det f'orc,on o/Ttna 39 R f'Cftpliou ffo 3"/'f88 it,l,e Mf''!Jf'd 111ilh S1/2 lfW1/4S\VJ/4 u County of Garfield, State of Colorado SLOPE ANALYSIS ' I I I I I I . I . I ! I I ; ---------- ' ! i ' Rc m1>uu1d"r Por11<n1 of Trnct 38 Recep(ion /Vo 37488 lo be Mer<Jc•I tvllh Sl/2,Y\Vl/'fS\YJ/4 ~--------NOTTO SCALE S lope Analysis Legend 0% t o 10% 1 0% to 20% 20% to 30% >30% S lope Analysis Tract 39 Slope Zone Area (ac) % of Total 0% to 10% 0.518 24.16 10% to20% 0. 741 34.56 20% to30% 0.842 39.27 >30% 0.043 2.01 Slope Analysis Tract 40 S lope Zone Area (ac) %ofTotal 0% to 10% 0.651 14.27 10% to 20% 0.620 13.56 20% to 30% 2.172 47.97 >30% 1.096 24.20 Slope Analys is Tract 38 Slope Zone Area (ac) %ofTotal 0% to 10% 0 .163 3.48 10% to 20% 2.013 40.67 20% to 30% 0.754 40.69 >30% 4.954 15.16 Slope Analysis Tract 43 Slope Zone Area (ac) % of Total 0%to10% 0.705 24.07 10% to20% 1.615 55.14 20% to 30% 0.507 17.31 >30% 0.102 3 .4 8 SURVEYOR'S STATEMENT I, Ml BY CERTIFY THAT THE SURVEY SHOWN H DER MY DIRECT SUPERVISION, IS BASED F AND THAT THIS SURVEY IS A TRUE CATE IS NOT INTENDED TO B E AN TEE OF ANY MATTERS EXCEPT ~T. f: CE ~. ~ ON BEHAL F OF Lf'F.,F SURVEY SERVI ·. •• • • ••• •• ~ C') _J ~ "<t 0.. 0 _J CJ) "<t <( :'.:; ai ~ <( C') LL z '° 0 <( C') w w CJ) 0 0.. I-z Oo w _J <( ~ CJ) 0::: <( I- f'ILE: 2nd AMO DFT. n. CK. M..L DATE: J/31/21 PROJECT N O. 18 130-01 SHEET 1 OF JOH N C. KEPH A RT & CO. 435 NORTH AVENUE ♦ PHONE : (970 ) :>4 2-76 1 8 ♦ FAX : (970 ) 243-7235 ♦ GRAN!) JUNCT I ON , COLORADO 81501 --- Receiv ed fro m: Wayne Pollard 6448 CR 233 Silt CO 81652 -ANA LYTIC AL REPORT - 9605 Cu sto mer N o . _________ _ L.1bor ,1tory N o . ___________ Sample water Date Receiv ed __ 8__,__/_9__,__/_2_1 ____________ D.1t c Rc r orte d _____ 8_/:._1_7_:/_2_1 _________ _ Lab number Sample ID Total Coliform Bacteria 9605 Well 8/9 by Ray Latham 0 cfu/100ml Limit for Drinking SUpplies by Colo . Dept. Health must be less th..a:n 1 No coliform bacteria were detected in the sample. Notes: Date tested: 8/9/21 by SM9222B-2015 The detection limit f0~ coliform bacteria is 1 cfu/100ml . cfu/100:-ill stands for colony forming units per 100 milliliters Lab Dir .: Brian S . Bauer JOHN C. KEPHART & CO . 435 NORTH AVENUE ♦ PHONE: (970) .24.2-7618 ♦ FAX: .243-7235 ♦ GRAND JUNCTION, COLORADO 81501 ---- CHAIN OF CUSTODY FORM ~~~~:~~ ~i~fa~ ;i~?i~N-:n3 PHONE NUMBER(S) tt10 .---fk~.;JJY;_ FAX NUMBER _________ _ PURCHASE ORDER NUMBER ___________ PROJECT NAME _________ _ SPECIAL REQUESTS (CHECK IF APPLICABLE): ( ) RUSH FOR EXTRA CHARGES -if available ( ) FAX WHEN DONE -give number above ( ) ( ) CALL WHEN DONE -g'i ~e pumb er above ( ) ( ) OTHER \N<704& tV Yv\O\~l fl l-1 r-0:h,c,t:=' ~ ~ ~ \, i ~OA ( )Public 3upply Forensi c ( )~~Areen cy Not Water ( )N e w Customer Aspen/Vail ar e2 rrepaid USE THIS AREA F~OR ONE SAMPLE SITE: SAMPLE ID: W,e.,}_ SAMPLING D_A_T_E_;"-r,;,o.'-~q=-,~J...;;;--:--I --T-I_M_E_:=========-N_A_M_E_O_F_S_A_M_P_L_E_R_:-·8,q._ou:.;:;--L..---a-.B-i~-«-m-- VOLUME , PRESERV.: PLASTI~ GLASS I ----------ANALYSIS REQUIRED: ::B P'-LI:1:/1 P\. USE THIS AREA FOR ONE SAMPLE SITE: SAMPLE ID: ---------------------------------SAMPLING DATE: ______ TIME: ____ NAME OF SAMPLER: _________ _ VOLUME, PRESERV.: PLASTIC GLASS _________ _ ANALYSIS REQUIRED: USE THIS AREA FOR ONE SAMPLE SITE: SAMPLE ID: ______________________________ _ SAMPLING DATE: ______ TIME: _____ NAME OF SAMPLER: _________ _ VOLUME, PRESERV.: PLASTIC GLASS _________ _ ANALYSIS REQUIRED: RELINQUISHED BY TO (SIGNATURE): RELINQUISHED BY (SsGNA TURE OF SAMPLER) >r~ P~t ~ I) ~J).~ DATE , TIME SJt; /-11 ( s IGNATURE) : ______________________ _ TO (SIGNATURE): ____________________ DATE, TIME _____ _ RELINQUISHED BY (SIGNATURE): ______________________ _ TO (SIGNATURE): ____________________ DATE, TIME _____ _ NOTES: Sample submission affirms representation of the organization or person requesting the analysis , and affirms agreement to the TERMS AND CONDITIONS. Special handling may require additional charges. JOH N C. KEPH A RT & CO. 435 NORTH AVENUE ♦ PHONE : (970 ) :>4 2-76 1 8 ♦ FAX : (970 ) 243-7235 ♦ GRAN!) JUNCT I ON , COLORADO 81501 --- Receiv ed fro m: Wayne Pollard 6448 CR 233 Silt CO 81652 -ANA LYTIC AL REPORT - 9605 Cu sto mer N o . _________ _ L.1bor ,1tory N o . ___________ Sample water Date Receiv ed __ 8__,__/_9__,__/_2_1 ____________ D.1t c Rc r orte d _____ 8_/:._1_7_:/_2_1 _________ _ Lab number Sample ID Total Coliform Bacteria 9605 Well 8/9 by Ray Latham 0 cfu/100ml Limit for Drinking SUpplies by Colo . Dept. Health must be less th..a:n 1 No coliform bacteria were detected in the sample. Notes: Date tested: 8/9/21 by SM9222B-2015 The detection limit f0~ coliform bacteria is 1 cfu/100ml . cfu/100:-ill stands for colony forming units per 100 milliliters Lab Dir .: Brian S . Bauer Ray's Well Done Pump Service, LLC Se1 ,;-:e Pumps/Ciste1 is/Well I esLs Ray Latham August 31, 2021 Attn: Wayne Pollard RE: Well Test@ 426 C.R . 237 Summer Well/Silt On 6/28/2021 a four hour well test was conducted on a well located at 426 C.R. 237 Summer Well/Silt (Well Permit# 84657-F). The following information was obtained: Approx. Well Depth ................................................................ 85' Casing Size ................................................................................ ?" X 5" Steel Static Water Level. .................................................................... 4' Total Test Time .......................................................................... 4 hours Draw Down ................................................................................ 15' 6" Production ................................................................................. 15 GPM Test Pump .................................................................................. 1 1/2 HP Remarks: Full recovery in five minutes. Well production may vary throughout a calendar year. If there are any questions regarding this well test, please contact me. Sincerely, ~~ Ray Latham Ray's Well Done Pump Service, LLC 970-379-8017 welldonepumps@gmail.com Lie.# 1419 P.O. Box 863 Rifle, CO 81650 9 70 -379-8017 welldonepumps@gmai l.com Lie. #1419 ~ Ga rfield County BOUNDARY LINE ADJUSTMENT AFFIDAVIT The undersigned affiants being first sworn upon thereof, depose and state as follows: 1) We are the owners of the following real properties in the unincorporated area of Garfield County: 91).;_r.31 Property Owner #1: Reception no.__, Book no. -Page no. -in the records of the Clerk and Recorder, Garfield County also known as Parcel No.~/ol 7.3 t,3 pc>a:,J in the Garfield County Assessor records. 9&1.,;. i"..1? Property Owne r #2: Reception no.__, Book no. -Page no. -in the records of the Clerk and Recorder, Garfield County also known as Parcel No. ,;)..J,;J. 7-:lb!,30 a:o3 in the Garfield County Assessor records . 2) We are desirous of adjusting the boundary lines of our parcels and/or lots and sign this Affidavit in accordance with the Garfield County Land Use and Development Code. 3) Property# L wishes to convey land to Property# ~ . Said land being conveyed is described in Exhibit A which is attached hereto and incorporated herein by reference. 4) We hereby represent that no new parcels or lots will be created and therefore, that Garfield County will not be required to issue any building permits, other than what it would be required to issue for the already existing parcels or lots . 5) We hereby represent that none of the parcels or lots involved in this boundary line adjustment are part of a previously platted subdivision of record. If one of the lots to be amended is a lot in a previously recorded subdivision, then a Final Plat Amendment is required which is more fully defined in article 5 of the Garfield County Land Use and Development Code. 6) We hereby represent that upon completion of this boundary line adjustment neither of the parcels or lots are less than 35 acres. 7) We hereby represent that the boundary line adjustment made reference to herein will not cause the loss of access by road or to utilities, to any parcel or lot involved. 8) We hereby represent that the boundary line adjustment being made will not result in any of the parcels or lots involved being less than the minimum lot size in their applicable zone district allowed as a result of the boundary line adjustment or create any non-conforming setbacks for any existing structures. 9) We hereby represent that a copy of the Affidavit will be recorded with the Garfield County Clerk and Recorder. FURTHER AFFIANTS SAVETH NOT. DONE this :\ tl---day ~~('f\D.L(, 20 L,~\ -----=- Property Owner #1 STATE o(C)~94J)) )ss COUNTY OF ~~L The forEf&_oing document ~cribed and swornl to befo ~he County of Garfield, State of Colorado this '1~ day of~ , 20 lL._by _N°'j~\o.Jr ~ My Commission Exp i res :i _•~_·"L__;;~---~--- ~(A u ~ ,__qJ__,tt -----~----............... STEPHANIE BORNHOLDT NOTARY PUBLIC STATE OF COLORADO NOTARY ID #2007 4030604 My Commission Ellpires August 9, 2023 Property Owner #2 STATE OF \.(J~ ~ ~()_r.(·c• \. )ss COUNTY 0, ~ Notar/Public \1-, E ~1--~Utt- Address Siid.;r==-~~ IOJJ<f#C ;;JJ1&NO Print Na pfl e The for"ll!/fng document ~bed and swo~ J1i the County of Garfield, State of Colorado this ,+1--day of , 20 ~b ,-.Q,_ ~ My Commission Expires:~ •C\ ·l-S STEPHANIE BORNHOLDT NOTARY PUBLIC STATE OF COLORADO NOT/\RY ID #20074030604 My Commission FxpirP.s August 9, 2023 ~~w.)0:r NotarvPublic \L """") E C;sh.--~U2-i- Address EXHIBIT A A PARCEL OF LAND SITUATE IN THE SWl/4 SECTION 36, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO. SAID PARCEL OF LAND BEING A PORTION OF TRACTS 38, 39, 40 AND 43, ANTLERS ORCHARD DEVELOPMENT COMPANY'S PLAT NO. 1 RECORDED AS RECEPTION NO. 37488 IN THE GARFIELD COUNTY, COLORADO CLERK AND RECORDER'S RECORDS. ALL BEARINGS HEREIN ARE RELATIVE TO AN ASSUMED BEARING OF N89°18'57"E ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 36, BETWEEN THE WEST 1/4 CORNER, A #6 REBAR AND 3" ALUMINUM CAP STAMPED "Wl/4 S36 LS 13501" AND THE CENTER WEST 1/16 CORNER, A #6 REBAR AND 3-1/4" ALUMINUM CAP STAMPEDWwl/16 536 PLS 36572". SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT SAID WEST 1/4 CORNER, SECTION 36; THENCE ALONG THE WEST LINE OF SAID SWl/4 SECTION S36 S00°29'05"E 657.81 FEET; THENCE DEPARTING SAID WEST LINE N89°26'23"E 1349.69 FEET TO THE NORTH-SOUTH CENTERLINE OF SAID SWl/4; THENCE ALONG SAID CENTERLINE S00°00'12"E 660.78 FEET TO THE SWl/16 CORNER SAID SECTION 36, A FOUND #6 REBAR AND 3-1/4" ALUMINUM CAP STAMPED "SWl/16 S36 PLS 36572 2019" THENCE N89°51'06"E 667.35 FEET; THENCE N00°26'17"E 258.11 FEET; THENCE N64°59'26"W 91.86 FEET; THENCE N31 °39'15"W 446.06 FEET; THENCE N55°19'09"W 326.41 FEET; THENCE N89°05'24"W 198.59 FEET; THENCE N82°11'03"W 114.82 FEET; THENCE N43°37'4l"W 99.77 FEET; THENCE N23°40'37"W 105.35 FEET; THENCE N31°59'59"W 135.55 FEET; THENCE Nl0°21 '08"W 152.28 FEET TO THE NORTH LINE OF SAID SWl/4 SECTION 36; THENCE ALONG SAID NORTH LINE S89°18'57"W 916.20 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 26.334 ACRES MORE OR LESS . PREPARED BY MICHAEL J. LANGHORNE, PLS 36572 BOOKCLIFF SURVEY SERVICE, INC. 136 E 3RD STREET RIFLE, CO 81650 970-625-1330 August S, 2021 To whom it may concern: The size of the proposed amended Tracts are all over 2 acres so they meet the Colorado state minimum requirements for OWTS systems and without knowing the size of the homes to be built by potential buyers it would be impossible for me to provide the information you are asking for. That information can be delivered at the time of obtaining a building permit. Thank you, Wayne Pollard August 5, 2021 To whom it may concern: The construction of the access road to Amended Tract 39 as proposed shall be constructed with the same type of road material (inch and a half road base) and same minimum width (20 feet) as the current road accessing Tracts 37 and Tract 44 as well as the access for Amended Tracts 38, 40, and 43 as proposed. The maintenance agreement has been submitted with the application. Thank you, Wayne Pollard August 5, 2021 To whom it may concern; The approval of this application will not adversely effect the irrigation water or any existing wells supplying domestic water to the amended tracts or the remainder parcel. Thank you, /l)~tf)~ Wayne Pollard