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 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 GARFIELD. THE OWNER(S) DO(ES)
HEREBY DEDICATE/SJ TO THE APPUCABLE PUBUC UTILITY. ANY PUBUC UTILITY EASEMENTS CREATED BY THIS PLAT
FOR THEIR INTENDED PURPOSE, TOGETHER WITH THE RIGHT TO 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.
WAYNEH. POLLARD
6448 COUNTY ROAD 233
SILT, CO Bl 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----------
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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
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--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----------
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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
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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 ·. •• • • ••• ••
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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