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Home My WebLink About1.00 General Application Materials April 21, 2020 To: Garfield County Planning Department 108, 8th St Suite 401 Glenwood Springs, CO 81601 From: Matt and Julie Fadden Lot 9 – Roaring Fork Preserve Carbondale, CO 81623 Parcel No. 2393-36319-009 RE: Roaring Fork Preserve Lot 9 Building Envelope Modification To whom it may concern: In reference to Land Use Code 4-106 (C) 1. The envelope modification meets all of the requirements of the code 2. There is no conflict with the code 3. The character of the development is consistent with the ranching character of the subdivision. 4. The proposed development has been approved by the HOA 5. The proposed development is consistent with the approved rights granted to the property 6. All set backs and easements remain intact and unmodified. 7. No increase in density is proposed. 8. No zoning or dimensional requirements in the existing zone will be exceeded. 9. Does not decrease: a. Existing open space is increase by 42sf. b. Lighting proposed is Dark Sky compliant and no sinage is requested or required. c. All existing zone district dimensions have been maintained. In reference to Land Use Code 5-306: 1. The envelope modification does not increase the number of lots. 2. There is no relocation of any roads 3. There are no technical errors inn surveying or drafting. We look forward to a Staff Approval on this building envelope modification. Please feel free to contact me with any questions: Brad Larson, Architect Brad.lda@comcast.net 970.923.3333 Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION Minor Subdivision Preliminary Plan Amendment Major Subdivision Final Plat Amendment Sketch Preliminary Final Common Interest Community Subdivision Conservation Subdivision Public/County Road Split Exemption Yield Sketch Preliminary Final Rural Land Development Exemption Time Extension Basic Correction Exemption INVOLVED PARTIES Owner/Applicant Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ Representative (Authorization Required) Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ PROJECT NAME AND LOCATION Project Name: _____________________________________________________________________________________ Assessor’s Parcel Number: ___ ___ ___ ___ - ___ ___ ___ - ___ ___ - ___ ___ ___ Physical/Street Address: ________________________________________________________________ Legal Description: ______________________________________________________________________ _____________________________________________________________________________________ Zone District: ___________________________________ Property Size (acres): __________________ c6 Garfield County Project Description Existing Use: __________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Proposed Use (From Use Table 3-403): _____________________________________________________ Description of Project: __________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Proposed Development Area Land Use Type # of Lots # of Units Acreage Parking Single Family Duplex Multi-Family Commercial Industrial Open Space Other Total REQUEST FOR WAIVERS Submission Requirements  The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: ______________________________ Section: _________________________________ Section: ______________________________ Section: _________________________________ Waiver of Standards  The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: ______________________________ Section: _________________________________ Section: ______________________________ Section: _________________________________ I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. ______________________________________________________ __________________________ Signature of Property Owner Date OFFICIAL USE ONLY File Number: __ __ __ __ - __ __ __ __ Fee Paid: $_____________________________ Date: 3/7/2022 Re: Land Use Application-Plot Amendment/ Building permit ·To whom it concerns: This letter is signed by the applicants Matthew Fadden and Julie Fadden to grant authorization to Brad Larson to act upon their behalf in submitting the Land Use Application with full authority to process the application through approval. Sincerely, Math e w and Julie Fadden Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") __________ _ -'-'M-'-a=t=th;...;.e.;;;..w.;..;;....;a=n;...;.d.;;;.._;;J...;;u~li""'e...;F_a=d=d.;;...e-'-n'-'--__________________ agree as follows: 1. The Applicant has submitted to the County an application for the following Project:,---- Amended Final Plat Lot 9 Roaring Fork Preserve Envelope Adjustment 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: Julie Fadden Phone: (303)514 9463 Billing Contact Address: Matthew and Julie Fadden, 2815 w. 115th Drive City: Westminister State: co Zip Code: _8_0_2_3_4 __ _ Billing Contact Email : Julie.Fadden@comcast.net Printed Name of Person Authorized to Sign: Brad Larson ---------------------- 5,JtqJ4.f,,._,..,1 cnri J L DA, Jri,. (Signatur ) 03-31-22 (Date) Land Title Guarantee Company Customer Distribution PREVENT FRAUD - Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. Order Number:BAR64003488-4 Date: 09/02/2020 Property Address:TBD WEEPING WILLOW LANE, CARBONDALE, CO 81623 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance Closing Processor For Title Assistance Tanya Germany 200 BASALT CENTER CIRCLE BASALT, CO 81621 PO BOX 3440 (970) 927-0405 (Work) (877) 346-4115 (Work Fax) tgermany@ltgc.com Contact License: CO523905 Company License: CO44565 Ashley Duda 200 BASALT CENTER CIRCLE BASALT, CO 81621 PO BOX 3440 (970) 927-0405 (Work) (877) 346-4115 (Work Fax) aduda@ltgc.com Company License: CO44565 Land Title Roaring Fork Valley Title Team 200 BASALT CENTER CIRCLE BASALT, CO 81621 PO BOX 3440 (970) 927-0405 (Work) (970) 925-0610 (Work Fax) valleyresponse@ltgc.com Buyer/Borrower MATTHEW SCOTT FADDEN Delivered via: Electronic Mail Agent for Seller SLIFER SMITH & FRAMPTON REAL ESTATE Attention: MICHAEL EATON 364 MARKET STREET BASALT, CO 81621 meaton@sliferrfv.com Delivered via: Electronic Mail Agent for Buyer ASPEN SNOWMASS SOTHEBY'S INTERNATIONAL REALTY Attention: BECKY DOMBROWSKI PO BOX 5000 50 SNOWMASS VILLAGE MALL SNOWMASS VILLAGE, CO 81615 (970) 923-2006 (Work) (970) 923-2550 (Work Fax) becky.dombrowski@sir.com Delivered via: Electronic Mail Land Title Guarantee Company Estimate of Title Fees Order Number:BAR64003488-4 Date: 09/02/2020 Property Address:TBD WEEPING WILLOW LANE, CARBONDALE, CO 81623 Parties:MATTHEW SCOTT FADDEN AND JULIE ANNE FADDEN CJM INVESTMENTS, LLC, A NEVADA LIMITED LIABILITY COMPANY Visit Land Title's Website at www.ltgc.com for directions to any of our offices. Estimate of Title insurance Fees "ALTA" Owner's Policy 06-17-06 $2,015.00 Deletion of Standard Exception(s)$75.00 Tax Certificate $26.00 Total $2,116.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property. Chain of Title Documents: Garfield county recorded 06/19/2020 under reception no. 937019 Garfield county recorded 03/15/2006 under reception no. 694032 Plat Map(s): Garfield county recorded 05/23/2002 under reception no. 603992 Land]t le' Copyright 2006-2020 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Property Address: TBD WEEPING WILLOW LANE, CARBONDALE, CO 81623 1.Effective Date: 08/03/2020 at 5:00 P.M. 2.Policy to be Issued and Proposed Insured: "ALTA" Owner's Policy 06-17-06 Proposed Insured: MATTHEW SCOTT FADDEN AND JULIE ANNE FADDEN $780,000.00 3.The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4.Title to the estate or interest covered herein is at the effective date hereof vested in: CJM INVESTMENTS, LLC, A NEVADA LIMITED LIABILITY COMPANY 5.The Land referred to in this Commitment is described as follows: LOT 9 ROARING FORK PRESERVE ACCORDING TO THE PLAT THEREOF FILED MAY 23, 2002, AT RECEPTION NO. 603992. COUNTY OF GARFIELD STATE OF COLORADO ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:BAR64003488-4 AMERICAN LA D TITLE A SOCIATION ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: BAR64003488-4 All of the following Requirements must be met: This 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. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. 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. 1.(THIS ITEM WAS INTENTIONALLY DELETED) 2.(THIS ITEM WAS INTENTIONALLY DELETED) 3.WRITTEN INSTRUCTIONS AUTHORIZING LAND TITLE TO PREPARE A STATEMENT OF AUTHORITY FOR CJM INVESTMENTS, LLC, A NEVADA LIMITED LIABILITY COMPANY, STATING UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY; OR, A DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF CJM INVESTMENTS, LLC, A NEVADA LIMITED LIABILITY COMPANY AS A LIMITED LIABILITY COMPANY. NOTE: ANY STATEMENT OF AUTHORITY MUST BE IN COMPLIANCE WITH THE PROVISIONS OF SECTION 38-30-172, C.R.S. AND BE RECORDED WITH THE CLERK AND RECORDER. NOTE: THE CERTIFICATION OF LLC FOR CJM INVESTMENTS, LLC, A NEVADA LIMITED LIABILITY COMPANY DISCLOSES CHRISTOPHER MULKEY AND JOHN MULKEY AS THE MANAGERS AUTHORIZED TO EXECUTE LEGAL INSTRUMENTS ON BEHALF OF SAID ENTITY. 4.SPECIAL WARRANTY DEED FROM CJM INVESTMENTS, LLC, A NEVADA LIMITED LIABILITY COMPANY TO MATTHEW SCOTT FADDEN AND JULIE ANNE FADDEN CONVEYING SUBJECT PROPERTY. REQUIREMENTS TO DELETE THE PRE-PRINTED EXCEPTIONS IN THE OWNER'S POLICY TO BE ISSUED A. UPON RECEIPT BY THE COMPANY OF A SATISFACTORY FINAL AFFIDAVIT AND AGREEMENT FROM THE SELLER AND PROPOSED INSURED, ITEMS 1-4 OF THE PRE-PRINTED EXCEPTIONS WILL BE DELETED. ANY ADVERSE MATTERS DISCLOSED BY THE FINAL AFFIDAVIT AND AGREEMENT WILL BE ADDED AS EXCEPTIONS. B. IF LAND TITLE GUARANTEE CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTIONS AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH, ITEM NO. 5 OF THE PRE-PRINTED EXCEPTIONS WILL BE DELETED. C. UPON RECEIPT OF PROOF OF PAYMENT OF ALL PRIOR YEARS' TAXES AND ASSESSMENTS, ITEM NO. 6 OF THE PRE-PRINTED EXCEPTIONS WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2020 AND SUBSEQUENT YEARS. This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and 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 of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8.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 CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 01, 1899 IN BOOK 12 AT PAGE 511. 9.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 60 RECORDED AUGUST 21, 2001 IN BOOK 1279 AT PAGE 57. 10.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF ROARING FORK PRESERVE RECORDED MAY 23, 2002 UNDER RECEPTION NO. 603992. 11.RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED MAY 31, 2002, UNDER RECEPTION NO. 604486, AND FIRST AMENDMENT RECORDED IN INSTRUMENT RECORDED AUGUST 8, 2006 UNDER RECEPTION NO. 703981. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: BAR64003488-4 12.TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS RIGHT OF WAY RECORDED OCTOBER 17, 2002 IN BOOK 1396 AT PAGE 502. 13.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED NOVEMBER 04, 2002 IN BOOK 1403 AT PAGE 120. 14.MATTERS DISCLOSED ON IMPROVEMENT SURVEY PLAT PREPARED BY TRUE NORTH, CERTIFIED AUGUST 29, 2020, JOB NO. 2019-324, SAID DOCUMENT STORED AS OUR IMAGE 26879658 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: BAR64003488-4 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: Note: Effective September 1, 1997, CRS 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, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. The Subject real property may be located in a special taxing district.(A) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (B) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. (C) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (A) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (B) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. (C) The Company must receive payment of the appropriate premium.(D) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. (E) Land]t le' Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (A) That such mineral estate may include the right to enter and use the property without the surface owner's permission. (B) JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to your non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and The public records maintained by governmental entities that we obtain either directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We may share your Personal Information with affiliated contractors or service providers who provide services in the course of our business, but only to the extent necessary for these providers to perform their services and to provide these services to you as may be required by your transaction. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT STATED ABOVE OR PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Land]t le' • • • • • • • • • Commitment For Title Insurance Issued by Old Republic National Title Insurance Corporation NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. . COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY i. comply with the Schedule B, Part I—Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (b) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (d) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (f) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (g) “Title”: The estate or interest described in Schedule A.(h) the Notice;(a) the Commitment to Issue Policy;(b) the Commitment Conditions;(c) Schedule A;(d) Schedule B, Part I—Requirements; and(e) Schedule B, Part II—Exceptions; and(f) a counter-signature by the Company or its issuing agent that may be in electronic form.(g) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (a) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (b) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (c) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (d) The Company shall not be liable for the content of the Transaction Identification Data, if any.(e) I _I I 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Senior Vice President This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Land Title Insurance Corporation. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (f) In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (c) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (d) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f) OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South, Minneapolis, Minnesota 55401 (612)311-1111 By President Attest Secretary Parcel Physical Address Owner Account Num Mailing Address 2.39335E+11 1265 100 COUNTY RD CARBONDALE 100 ROAD CATTLE COMPANY, LLC R005669 300 N LASALLE STREET, SUITE 4000 CHICAGO, IL 60654 2.39335E+11 337 PONDEROSA PINES WAY CARBONDALE GOSS, JANET R REV TRUST R009055 337 PONDEROSA PINES WAY CARBONDALE, CO 81623 2.39336E+11 Not available CARBONDALE MAYFLY BEND RANCH HOMEOWNERS ASSOCIATION R009057 PO BOX 1856 CARBONDALE, CO 81623 2.39336E+11 13 SILVER SPRUCE DR CARBONDALE STEWART, TRAVIS & CRESTA R008556 13 SILVER SPRUCE DRIVE CARBONDALE, CO 81623 2.39336E+11 110 WEEPING WILLOW LN CARBONDALE MILLER, KARLA H R008559 110 WEEPING WILLOW LANE CARBONDALE, CO 81623 2.39336E+11 12 WEEPING WILLOW LN CARBONDALE PENA, FEDERICO J & GRACIELA R008560 1026 HIGHWAY 133 CARBONDALE, CO 81623 2.39336E+11 WEEPING WILLOW LN CARBONDALE FADDEN, MATTHEW SCOTT & JULIE ANNE R008561 2815 W 115TH DRIVE DENVER, CO 80234 2.39336E+11 PONDEROSA PINES WAY CARBONDALE STEWART, TRAVIS & CRESTA R009056 PO BOX 1319 CARBONDALE, CO 81623 ROW Not available null ROW Not available null ,.__..., __ ,._ -•-•• ••••-........ ., ... ,. ....... , ... ...., ... .L,<L&-.o.~ .0. .0..0.VI •••••• -••••• • ..--•••• • -••••••••-••••• -•••••••••• ••••-,.• ·--J. _____ ·-----------·----------------------~-. ··------- THE U[ITED ST ATES [:j AMERI~A· . 2./,,tq]_~-'lAUJ Certificate No. l• 'f o~ To au to Whom theliJe J!'reaenta elta.11 come, GR~ETING1 ; !/Jkereaj, .. ~.{_l_k(c&, Q,u.4hi(, .. 1-/4+/./t_~.+··4~1-~L2!_.! ............. fl according to the Official Plat of" the Survey J the Surveyor General, whwh said Tract ha,!} been purchased by the said.~~···~······•·· Now ~o.ow Ye, Tha.t the United Sta.tes of .il.1nerica, in considerati-on of the premises, u.nd in conformity with the sevem.l .11.cts of Confress in such case made and provided, have tiven and frantecl, and by these presents do five and_ grant unto the said .. ~ .. ~L •• ~•·--· ••••.•••• • ••••••••••••••••••••••••••••••..• and to ... ~ ............... heirs, the said Tract above described: To Have and to Hold the sanie, togetlier with all the rifhts, privileges, immunities and appurtenances, of whatsoever nature, thereunto belon(!ing, unto the said ~~~············································································ and to .~ ........ heirs a_nd assi[fns forever; subject to any vested and accrued water rithts for mining, agri- cultural, manufacturing or other purposes, and rights to ditches and reservoir~ 1Med in connection with such water rights as may be recognized and acknowledged by the local customs, laws and decisi-ons of Courts, and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same~ ft;:::1}~tratey~C!Cf/~~~i.Yes h~ff!:;.d.l:11,r::.u!!t:!..V:~:·.0 tJ:::::1 r In Testimoay~hereof, I,.,,~~y'~,~ ...... Pre~dent o[tbe U~Si~of America, have caused these letters to be macle patent, and the Seal of the General Land Office to be hereunto affixed. Recorded, Vol. 3 . .:f. GlT&D. under my hand, at the City of Washinfton, the~ ...... . day of ... ~ ..... , in the year of ou1· Lord one thousand eiffht hundred and .. ~ ... ~•···, and of the Independence of the United ' States the one hundred afd .. ~-~··· BY THE PRESIDENT: .. ~·~?·cj_~ By ..... <r--l(., .... 9!Jt .... ~,.... . ....... Secretary. 6 . ~! .. ~ .~tl.1 ... ~he General Land Office. .. Pa~e .. ij: R ........ . April 12, 2020 To: Garfield County Planning Department 108, 8th St Suite 401 Glenwood Springs, CO 81601 From: Matt and Julie Fadden Lot 9 – Roaring Fork Preserve Carbondale, CO 81623 Parcel No. 2393-36319-009 RE: Roaring Fork Preserve Lot 9 Building Envelope Modification To whom it may concern: The owners of Roaring Fork Preserve Lot 9 are applying to modify their building envelopes. The purpose of the modification is to preserve a stand of trees, located in the center of the building envelope they wish to build on. The applicant proposes shifting the boundaries of the existing building envelopes in order to create a buildable site to the west of the trees and save them, while maintaining existing setbacks to property lines and balancing the building envelope area so that there is a net reduction of 42sqft. As currently platted, Lot 9 is a 15-acre parcel with two building envelopes, one on the east side of the lot and one on the west side of the lot. The applicant’s desire is to build their home with a detached barn on the eastern envelope, as it is on the dryer side of the lot, with a large grove of standing trees, that is not currently flood irrigated. The western envelope is larger, but located in an established field that is wet and floor irrigated to produce grass for cattle. The owners desire to preserve the agricultural usage of the lot and not build on the western envelope at this time. In order to preserve the irrigated field and grove of trees, the applicant proposes shifting the western boundary of the east building envelope further west, such as to accommodate a building site west of the trees. They also propose moving the eastern edge of that same envelope further west to partially offset the additional area of the modified envelope. The balance of the offset would be achieved by modifying the boundary of the western building envelope, which would result in a balanced or net reduction of buildable area on the parcel. The Roaring Fork Preserve Association has reviewed the proposed modification and approved it. A letter is attached. The Roaring Fork Preserve Subdivision is irrigated by the Slough Ditch and Banning Lateral. Lot 9 is fed irrigation water from the Slough Ditch Network by a lateral specific to Lot 9. Irrigation Water that enters Lot 9’s specific ditch network is not utilized to supply any other parcels. While some of the lot specific lateral ditches used to irrigate the parcel might be modified, no modifications or changes are planned that would affect other users of the Slough Ditch or Banning Lateral Network. Water usage is intended to remain the same. We look forward to a Staff Approval on this building envelope modification. Please feel free to contact me with any questions: Brad Larson, Architect Brad.lda@comcast.net 970.923.3333 =6 'Gai.field County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-couoty.com PARCEL NUMBER: 2393-363-19-009 I PRE-APPLICATION CONFERENCE SUMMARY DATE: 11/9/21 Updated 12/29/21 & 2/28/22 PROJECT: Amended Final Plat Lot 9 Roaring Fork Preserve Building Envelope Modification OWNERS: Matthew and Julie Fadden REPRESENTATIVE: Brad Larson PRACTICAL LOCATION: Lot 9 Roaring Fork Preserve, located off of Weeping Willow Lane, north of County Road 100, Carbondale, CO 81623. ZONING: Rural TYPE OF APPLICATION: Administrative Review for an Amended Final Plat I. GENERAL PROJECT DESCRIPTION The Applicant's representative has indicated that the property owner would like to modify and increase the size of the building envelope for Lot 9. Lot 9 currently has two disconnected areas of building envelopes. The proposed site plan provided by the Applicant shows a proposed increase in only the east building envelope. Update: Supplemental mapping from the Applicant shows an extension of the east envelope and corresponding reductions in the west building envelope and portions of the east envelope, to compensate for the proposed change (see attached mapping). The additional details on the extent of the modification show a net reduction of 42 sq.ft. in the building envelopes on the lot. This is consistent with past policies where building envelope reconfigurations reflect no net increase in the envelope size to demonstrate consistency with the original intent of the approvals. The proposed site plan reflects that an existing irrigation ditch may be impacted by the proposed change. Contact information for the ditch company/operator will need to be provided and any changes to the ditch documented along with evidence of approval by the ditch company. Additional review to determine the basis for the original configuration of the two separate envelopes is also needed. A variety of issues such as wetlands, view planes, Geotech, or preservation of native/riparian vegetation often are the basis for the layout of building envelopes. A follow-up meeting with Planning Staff is recommended to address this topic prior to formalizing an application as it may affect the Applicant's ability to modify the building envelopes as desired. An amended plat will need to comply with the approval/review criteria in Section 5- 305(C)( 1-3) (see below) and will need to include all standard certificates and signature blocks and standard title commitments. All previous plat notes for the subdivision would need to remain in effect. A purpose statement will need also need to be included on the plat. C. Review Criteria An application for an Amended Final Plat shall meet the following criteria : 1. Does not increase the number of lots; and 2. Does not result in a major relocation of a road or add any new roads; or 3. Will correct technical errors such as surveying or drafting errors. Updated Staff Note: Supplemental information from the Applicant indicates that there are no current plans for adding a pond at this time. (see attached email). 2 39335100001 2 I 2 ◄630 11 000,U land Acres 1 5.41 1 ~97 2020 MMJ levy 79 77 60 , ' J l. _I 2 II. REGULATORY PROVISIONS APPLICANT IS REQURED TO ADDRESS 1) Garfield County Comprehensive Plan 2030, as amended 2) Garfield County Land Use and Development Code as amended including Sections : a) Section 4-103 Administrative Review b) Table 5-103 Common Review Procedures and Required Notice c) Section 5-305 Amended Final Plat Review, including Review Criteria d) Section 5-402 Final Plat 3) Garfield County Article 7 Standards as applicable Ill. REVIEW PROCESS -Administrative Review The request will be reviewed in accordance with Section 4-103, Administrative Review and consistent with Table 5-103, Common Review Procedures and required Notice. Please see attached flowchart. IV. SUBMITTAL REQUIREMENTS Application materials are generally summarized below. Please refer to Table 5-401, Section 4-203, and 5-402 for a more detailed description of each requirement. 1) General Application Materials a) Application form -available on Community Development's website. Signatures by all owners will be required. b) Letter of Authorization -if the owner intends to have a representative submit the application c) Statement of Authority -if the property is held by an LLC or corporation a Statement of Authority will be required (see attached form) d) Payment Agreement Form e) Ownership Documentation -a copy of the property's deed and a title commitment will be required work with information on any lien holders f) Adjacent property owners -names and mailing addresses of all owners of the property within 200' of the subject parcel -this is available using the Garfield County Land Explorer tool available on the Garfield County website g) Mineral Owners and Lessees -names and mailing addresses of all mineral owners on the subject site, see attached memo for help obtaining that information h) General project description -Narrative i) Copy of the pre-application summary 2) Vicinity Map -8"x11" copy, showing the parcel boundaries and the area approximately 3 miles surrounding the site 3) Site Plan -Showing the adjusted building envelope and any improvements on site, in particular improvements affected by the proposed building envelopment adjustment. 4) A copy of the proposed Final Plat Amendment with the proposed envelope and all certificates and notes 5) A copy of the approved and recorded current Final Plat 3 6) Copy of the current Resolution of Approval (No. 2001-60) 7) 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 representation that the amendment will not result in any changes to drainage, will not affect utility services, access and any other applicable Subdivision and Article 7 topics. 8) The Application needs to provide any additional information on the basis for the original building envelope configuration. The Application needs to demonstrate that the proposed changes are consistent with the intent of the original approvals. Copies of reports (including the wetland report) from the original submittals are available through the Community Development Office. 9) The Application needs to provide a statement indicating that the proposal is in compliance with all previous conditions of approval and that there are no current outstanding code compliance issues on the lot. 1 0)The Application needs to provide contact information for the Irrigation Ditch Company and address how the ditch will be modified or affected by the change. Approvals by the Ditch Company for changes to the ditch need to be provided. 11) The Application needs to address approval criteria in Section 5-305 (Amended Plat) and the criteria in Section 4-106(C) (minor m·odification) Submit three paper and one electronic copy (CD or USB Stick) of the application. Both the paper and digital copies should be split into the above individual sections. Additional meetings with Staff can be scheduled to address specific questions regarding waiver requests including submittal waivers. V. APPLICATION REVIEW a. Review by : b. Public Hearing : c. Referral Agencies : Staff for completeness recommendation and referral agencies for additional technical review ..lL Director's Decision (with notice but not a hearing) _ Planning Commission _ Board of County Commissioners _ Board of Adjustment May include but is not limited to: County Surveyor, County Attorney, County Consulting Engineer, County Environmental Health, local Fire Protection District. VI. APPLICATION REVIEW FEES a. Planning Review Fees : b. Referral Agency Fees: $ 100 (Amended Final Plat) $ (Other fees TBD -County Consulting Engineer & County Surveyor) 4 c. Total Deposit: $ 100 (additional hours are billed at $40.50 /hour) VII. GENERAL APPLICATION PROCESSING The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six-month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal. Pre-application Summary Prepared by : Glenn Hartmann Principal Planner 2/28/22 Date ----- 5 i E 8 .!!! iii :s:: ·~ .c ~ .... "' 1 Garfield County Amended Flnal Plat Review Process (Section 5-305) S1ep 1: Pre.application Conference •Applicant has 6 months to submltappllcatlon Step 2: Applic.-.tion 5uhmittal • 10 business days ti:> review •If Incomplete, 60 days to remedy defklencles Step 4: Schedule Decision Date and Provide Notice •Mailed to adjacent property owners within 200 feet and mineral owners at least 15 ooys prior to decision date Step 5: Referra I •21daycomment period Step fi · Fvillutwn by Director Step 7: Director's Decision •Call-up Period -within 10 days of Director's Decision •Final Plat must be signed by the BOCC and be recorded within 10 business days of approval, 6 STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of ---------------~ a _____________ (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is ___________________________ _ and is formed under the laws of --------------------------The mailing address for the Entity is _______________________ _ The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalfof the Entity is _____________ _ The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (ifno limitations, insert "None"): _____________ _ Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): _____________________ _ EXECUTED this ___ day of __________ _, 20 __ _ Signature: ________________ _ Name (printed): _____________ _ Title (if any): ______________ _ STATE OF )SS. COUNTY OF ______ _, The foregoing instrument was acknowledged before me this __ day of _______ _, 20 __ by _______________ _, on behalf of _______________ , a Witness my hand and official seal. My commission expires: ______ _ (Date) (Notary Public) [SEAL] 7 ' ... MEMORANDUM TO: Staff FROM: DATE: RE: County Attorney's Office June 24, 2014 MineraJ Interest Research Mineral interests may be severed from surface right interests in real property. Colorado revised statute 24-65.5-103 requires notification to mineral owners when a landowner applies for a land use designation by 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- 10l(E)(l)(b)(4) requires written notice to owners of mineraJ interests in the subject property "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." It is the duty of the applicant to notify mineral interest owners. The following is a suggested process to research mineral interests: 1. Review the current ownership deed for the property (i.e. Warranty Deed, Special Warranty, Quit Claim Deed or Bargain and Sale Deed-NOT a Deed of Trust). The ownership deed is usually one or two pages. ls there a reservation ofmineraJ interests on the ownership deed? Are there any exceptions to title? A deed may include a list of reservations that reference mineral owners or oil and gas leases. 2. Review your title insurance policy. Are there exceptions to title listed under Schedule B- Ii? lf so, review for mineral interests that were reserved and oil and gas leases. 3. Check with the Assessor's office to determine if a mineral interest has been reserved from the subject property. The Assessor's office no longer documents the mineral reservation ownership for its tax roll records unless ownership has been proven. There are only a limited number of mineral owners who have provided such information to the Assessor's office so this may not provide any information, depending on your property. 8 '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 detennine 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 Granter 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. 9 r-8 fiarjield County CERTIFICATION OF l\HNERAL 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 i nterests 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 loca l government. As such, the landowner must research the current owners of mineral interests for the p ro perty. 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.5. § 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 undersi1ned applicant certifies the following (Please initial on the blank line next to the statement that accurately re/leas the result of research): _ 1 own the entire mineral estate relative to the subject property; or _ Minerals are owned by the parties listed below The names and addresses of any and all mineral owners identified are provided below (attach additional pages as necessary): Name of Mineral Owner Mailing Address of Mineral Owner I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the LUDC. Applicant's Signature Date PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") ________ _ ________________________________ agree as follows: 1. The Applicant has submitted to the County an application for the following Project:_ 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: ________________ Phone:( __ ) _______ _ Billing Contact Address: ____________________________ _ City : ____________________ State: ___ Zip Code: Billing Contact Email : ____________________________ _ Printed Name of Person Authorized to Sign : _____________________ _ (Signature) (Date) 11 Glenn Hartmann From: Sent: To: Cc: Subject: Attachments: Hi Glenn, Brad Larson < brad.lda@comcast.net> Friday, February 11, 2022 12:02 PM Glenn Hartmann Julie Fadden [External] Roaring Fork Preserve LOT-9 Updated Envelope Plan 02-09-22 Roaring Fork Preserve LOT-9 Updated Envelope Plan 02-09-22.pdf Please take a look at this latest plan for envelope adjustments. My client would: -Keep it purely a envelope adjustment. -Like to eliminate all aspects of adding a pond at this time. They would like to potentially approach it in the future. -They don't have a problem adjusting the existing envelopes to balance out expanding the one by the residence. Can you update the pre-application to reflect this? Thanks, Brad Larson brad . LDA@comcast.net 970-927 -3333 1 -·-·--·-·---- BUILDING ENVELOPE LEGEND BUILDING ENVELOPE SUMMARY EXIST BUILDING ENVELOPE NEW BU ILD ING ENVELOPE DELETED BUILDING ENVELOPE / ,JI'· ~ ,,.· ..... -•-:.: ,.,.✓.,.,· ·/ V I TOT AL EXIST BLOG ENVELOPES = TOTAL NEW BLDG ENVELOPE= 58,363 SF 30,705 SF TOT AL DELETED BLDG ENVELOPES = ~ NET REDUCTION IN BLDG ENVELOPES= 42 SF ' ' ' \, ,_\ \\ w u z w 0 V1 w z w 0 0 <( LL \ \ t=:::.====~~=::: \\ t:-::::~::::::::t::-= \ \--'"'-,,.,~-'----, G)-..:J~~~,,;,__;_~,;,UcclL,,,O,,:INc:.;G=-=E:..:N.:.VEl=O"'-P..::E=--- P!ai'fill li'IOUl' ...... (1.10 NEW BUILDING EN VEL OPE , ' WEEPING WILLOW LN PONDEROSA P IN E S W A Y EXIST BUILDING ENVELOPE EXIST BUILDING ENVELOPE OLD BUILDING ENVELOPE EXIST HEAD GATE EXIST BUILDING ENVELOPE OLD BUILDING ENVELOPE NEW BUILDING ENVELOPE OLD BUILDING ENVELOPE NEW BUILDING ENVELOPE NEW BUILDING ENVELOPE OLD BUILDING ENVELOPE EXISTING IRRIGATION DITCH TO REMAIN NEW BUILDING ENVELOPE LOT- 9 PRIMARY DITCH SECONDARY DITCH S L O U G H D I T C H / B A N N I N G L A T E R A L EXISTING IRRIGATION DITCH TO REMAIN SECONDARY DITCH SLOUGH DIT C H / BANNING LAT E R A L PROPERTY LINE PROPERTY LINE PROPERTY LINE 10 FT UTILITY EASEMENT SECONDARY DITCH N SITE PLAN______________________________ SCALE 1"= 60' PARCEL ID NUMBER : LEGAL DESCRIPTION : 2393-363-19-009 SEE SURVEY RevID Change Name Date Transmittal Set Name Date PROJECT NO: DRAWN BY: COPYRIGHT DATE PRINTED: SHEET TITLE Z001 . B.L. LDA Inc.IF THE ABOVE DIMENSION DOES NOTMEASURE ONE INCH (1") EXACTLY,THIS DRAWING WILL HAVE BEENENLARGED OR REDUCED,AFFECTING ALL LABELED SCALES.1" ACTUALSITE PLAN - NEW ENVELOPE 4/14/2022 PHONE: (970) 927-3333 FAX: (970) 927-2222 P.O. BOX 1051 227 Longhorn Ln Basalt, CO 81621 L. D. A. Inc.LOT-9 ROARING FORK PRESERVEGarfield County, CO 81623FADDEN RESIDENCEEMAIL: richard@rjstumpf.comPH. 970-618-5225HOA SET 08/10/21 AMENDED PLAT 04/14/22' ' ' ' ' ' ' ' ' ' I I I ·-·-·-·-· ·-·------------- \ \ \ / / \ \ I / \ \ \ \ \ \ \ \ \ \ \ \ \ \ ' N78°12'15"W 682.86'PLAT=N78°10'10"W 682.40'N00°52'04"W 73.10'PLAT=N01°14'34"WN67°38'45"W 478.58'PLAT=N67°39'44"WBASIS OF BEARINGSPLAT=410.00'N00°40'07"E 410.17'PLAT=S65°12'47"E 389.37'S65°06'08"E 389.02'PLAT=S78°31'47"E 82.93'S78°26'31"E 83.07'PLAT=S62°09'01"E 155.56'S62°06'09"E 155.10'PLAT=N66°12 '16"E 185 .69 'N66°20 '12"E 185 .98 'PLAT=S78°29'52"E 277.46'S78°27'57"E 277.80'S65°15'16"E 252.47'PLAT=S65°19'05"E 252.12'N89°32'41"E 174.60'PLAT=S89°58'08"EL=58.23'R=130.00'CB=S35°22'48"ECH=57.75'S48°12'47"E 44.04'L=138.29'R=370.00'CB=S37°30'20"ECH=137.49'S26°47'53"E 157.00'S63°12'07"W23.51'L=53.74'R=75.00'CB=S83°43'39"WCH=52.59'N75°44'49"W 167.57'L=249.52'R=205.00'CB=S69°23'01"WCH=234.40'L=161.06'R=52.00'CB=S42°08'22"WCH=103.97'S45°24'42"W8.94'27.0' WITNESS CORNERFOUND REBAR & 1-1/4" BLUEPLASTIC CAP WC TNC PLS38215FOUND REBAR & 1-1/4" YELLOWPLASTIC CAP HCE LS19598FOUND REBAR & 1-1/4"RED PLASTIC CAP LS26950FOUND REBAR & 1-1/4"RED PLASTIC CAP LS26950FOUND REBAR & 1-1/4"RED PLASTIC CAP LS26950FOUND REBAR & 1-1/4"RED PLASTIC CAPLS-ILLEGIBLEFOUND REBAR & 1-1/4"RED PLASTIC CAPLS-ILLEGIBLEFOUND REBAR & 1-1/4"RED PLASTIC CAPLS-ILLEGIBLEFOUND REBAR & 1-1/4"RED PLASTIC CAPLS-ILLEGIBLEFOUND REBAR & 1-1/4"RED PLASTIC CAP LS26950FOUND PK NAIL & 1-1/2"ALUMINUM TAG PLS38215IN PAVEMENTFOUNDNO. 5 REBARFOUNDNO. 5 REBARFOUND REBAR & 1-1/4"RED PLASTIC CAP REF POINTHCE LS19598FOUND REBAR & 1-1/4"RED PLASTIC CAP REF POINTHCE LS19598(TYPICAL)10' WIDE UTILITYEASEMENTAMENDEDBUILDINGENVELOPE79,991± SQ.FT.AMENDEDADDITIONALBUILDINGENVELOPE120,191± SQ.FT.APPARENT EASEMENT FOROVERHEAD POWER LINELOT 915.391± ACRES(AS SURVEYED)LOT 8LOT 7PONDEROSAPINESWAYWEEPINGWILLOWS LANE60' WIDERIGHT-OF-WAY40' WIDERIGHT-OF-WAYLOT 4PORTION OFBUILDINGENVELOPETO BE VACATED21,436± SQ.FT.N67°39'44"W 445.00'FOUND REBAR & 1-1/4" ORANGEPLASTIC CAP TNC PLS38215PORTION OFBUILDINGENVELOPETO BE VACATED9,333± SQ.FT.N18°23'52"E 273.10'S65°12'47"E 193.58'S78°31'47"E81.57'S62°09'01"E 172.94'S18° 2 3 ' 5 2 " W 2 6 3 . 5 7 'N75°21'26"E 83.39'N89°58'08"E 328.20'S37°31'06"E70.17'S01°06'56"E 150.00'N88°40'32"W 257.28'N01°06'56"W 226.63'S59°50 '39 "W 101 .22 'COMMON OPEN SPACEMAYFLY BEND RANCH SUBDIVISIONOWNER100 ROAD CATTLE COMPANY LLCPARCEL NO. 239335400061VICINITY MAPORFREVIEWNOTES:5.THIS AMENDED PLAT DOES NOT CONSTITUTE A TITLE SEARCH BY TRUE NORTH COLORADO,LLC FOR ALL INFORMATION REGARDING EASEMENT, RIGHTS-OF-WAY AND/OR TITLE OFRECORD, TRUE NORTH COLORADO, LLC. RELIED UPON TITLE COMMITMENT NO.XXXXXXXXXXXX ISSUED BY XXXXXXXXXXXXX, EFFECTIVE DATE: XXXXXXXXXXXXXXXX6. ALL TERMS, CONDITIONS, PROVISIONS, AND NOTES AS SET FORTH WITHIN THE ROARING FORKPRESERVE PLAT RECORDED MAY 23, 2002 UNDER RECEPTION NO. 603992 AND THE FIRST AMENDED PLATRECORDED NOVEMBER 20, 2020 UNDER RECEPTION NO. 945740 IN GARFIELD COUNTY CLERK ANDRECORDERS OFFICE, SHALL REMAIN IN FULL EFFECT AND IN PLACE. TRUE NORTH COLORADO LLC.A LAND SURVEYING AND MAPPING COMPANYP.O. BOX 614 - 386 MAIN STREET UNIT 3NEW CASTLE, COLORADO 81647(970) 984-0474www.truenorthcolorado.comDATE: March 29, 2022DRAWNRPKSURVEYEDMAN60'30'120'SCALE: 1" = 60'0NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANYLEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREEYEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANYACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORETHAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.CERTIFICATE OF TAXES PAIDI, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES ANDASSESSMENTS DUE AND PAYABLE OF_____________________________________________________UPON ALL PARCELS OF REAL ESTATE DESCRIBED ON THIS PLAT ARE PAID FULL.DATED THIS __________ DAY OF ______________________________, A.D., 2022BY:________________________________________________________________________________TREASURER OF GARFIELD COUNTYTITLE CERTIFICATEI, ___________________________________, AN AGENT AUTHORIZED BY ________________________________, DOHEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS PLAT ANDTHAT TITLE TO SUCH LANDS IS VESTED IN MATTHEW & JULIE FADDEN, FREE AND CLEAR OF ALLLIENS AND ENCUMBRANCES (INCLUDING MORTGAGES, DEEDS OF TRUST, JUDGMENTS, EASEMENTS,CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT), EXCEPTAS NOTED ON THIS PLAT AND SHOWN IN _____________________________________________________________.DATED THIS ____________________DAY OF___________________________, A.D., 2022.TITLE COMPANYADDRESSCITY, CO ZIP CODEBY:______________________________________________________________AUTHORIZED AGENTCOUNTY SURVEYOR'S CERTIFICATEAPPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS,CALCULATIONS AND DRAFTING PURSUANT TO C.R.S., 38-51-101 AND 102, ET SEQ.DATED THIS _________ DAY OF _____________________________, 2022.BY:____________________________________________________________________ GARFIELD COUNTY SURVEYORFIRST AMENDED PLAT ROARING FORK PRESERVEBUILDING ENVELOPE AMENDMENTSECTIONS 35 & 36, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PMCOUNTY OF GARFIELD, STATE OF COLORADOAMENDED PLAT OF LOT 9COUNTY COMMISSIONER'S CERTIFICATEBASED UPON THE REVIEW AND RECOMMENDATION OF GARFIELD COUNTY DIRECTOR OF COMMUNITYDEVELOPMENT, THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, HEREBYAPPROVES THIS AMENDED PLAT THIS ________ DAY OF ____________________________, A.D., 2022, FOR FILINGWITH THE CLERK AND RECORDER OF GARFIELD COUNTY AND FOR CONVEYANCE TO THE COUNTY OF THEPUBLIC DEDICATIONS SHOWN HEREON, SUBJECT TO THE PROVISIONS THAT APPROVAL IN NO WAYOBLIGATES GARFIELD COUNTY FOR THE FINANCING OR CONSTRUCTION OF IMPROVEMENTS ON LANDS,PUBLIC ROADS, HIGHWAYS OR EASEMENTS DEDICATED TO THE PUBLIC, EXCEPT AS SPECIFICALLY AGREEDTO BY THE BOARD OF COUNTY COMMISSIONERS BY SUBSEQUENT RESOLUTION. THIS APPROVAL SHALL INNO WAY OBLIGATE GARFIELD COUNTY FOR THE CONSTRUCTION, REPAIR OR MAINTENANCE OF PUBLICROADS, HIGHWAYS OR ANY OTHER PUBLIC DEDICATIONS SHOWN HEREON.BY:______________________________________________________________________CHAIRMAN, BOARD OF COUNTY COMMISSIONERSGARFIELD COUNTY, COLORADOWITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD.ATTEST:__________________________________________________________________COUNTY CLERKCERTIFICATE OF DEDICATION AND OWNERSHIPTHE UNDERSIGNED MATTHEW FADDEN AND JULIE FADDEN, BEING SOLE OWNERS IN FEE SIMPLE OF ALLTHAT REAL PROPERTY SITUATED IN GARFIELD COUNTY, DESCRIBED AS FOLLOWS:LOT 9, ROARING FORK PRESERVE, ACCORDING TO THE FIRST AMENDED PLAT RECORDED NOVEMBER 20,2020 UNDER RECEPTION NO. 945740.CONTAINING 15.391 ACRES, MORE OR LESS, HAVE CAUSED THE DESCRIBED REAL PROPERTY TO BESURVEYED, LAID OUT AND PLATTED AS SHOWN ON THIS AMENDED PLAT UNDER THE NAME AND STYLEOF AMENDED PLAT OF LOT 9, FIRST AMENDED PLAT OF ROARING FORK PRESERVE, A SUBDIVISION IN THECOUNTY OF GARFIELD. THE OWNER DOES HEREBY DEDICATE AND SET APART ALL OF THE STREETS ANDROADS AS SHOWN ON THE ACCOMPANYING PLAT TO THE USE OF THE PUBLIC FOREVER, AND HEREBYDEDICATES TO THE PUBLIC UTILITIES THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED ASUTILITY EASEMENTS ON THE ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATIONAND MAINTENANCE OF UTILITIES, IRRIGATION AND DRAINAGE FACILITIES INCLUDING, BUT NOT LIMITEDTO, ELECTRIC LINES, GAS LINES AND TELEPHONE LINES, TOGETHER WITH THE RIGHT TO TRIM INTERFERINGTREES AND BRUSH, WITH PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION ANDMAINTENANCE OF SUCH LINES. SUCH EASEMENT AND RIGHTS SHALL BE UTILIZED IN A REASONABLE ANDPRUDENT MANNER. ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THESELLER OR PURCHASER, NOT BY THE COUNTY OF GARFIELD.EXECUTED THIS _______ DAY OF _________________________________, A.D., 2022.OWNERMATTHEW FADDEN2815 W 115TH DRIVEDENVER, CO 80234BY:_____________________________________________________MATTHEW FADDEN, OWNEROWNERJULIE FADDEN2815 W 115TH DRIVEDENVER, CO 80234BY:_____________________________________________________JULIE FADDEN, OWNERSTATE OF COLORADO )) SSCOUNTY OF GARFIELD )THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS________ DAY OF _________________________, A.D., 2022, BY MATTHEW FADDEN AND JULIE FADDEN ASOWNERS.WITNESS MY HAND AND OFFICIAL SEAL.MY COMMISSION EXPIRES:___________________________________________NOTARY PUBLIC:______________________________________________________SURVEYOR'S CERTIFICATEI, RODNEY P. KISER, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSEDUNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETEPLAT OF THE AMENDED PLAT OF LOT 9, FIRST AMENDED PLAT OF ROARING FORK PRESERVE AS LAIDOUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURATESURVEY OF SAID PROPERTY BY ME AND UNDER MY SUPERVISION, AND CORRECTLY SHOWS THELOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF AS THE SAME ARE STAKEDUPON THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISIONOF LAND.IN WITNESS WHEREOF, I HAVE SET MY HAND AND SEAL THIS _______ DAY OF_____________________________, A.D., 2022.CLERK & RECORDER'S CERTIFICATETHIS AMENDED PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OFGARFIELD COUNTY, COLORADO, AT _______ O'CLOCK_____________, ON THIS ______________ DAY OF________________________________________, 2022 AND IS DULY RECORDED AS RECEPTIONNO._____________________________________________________________________________________CLERK AND RECORDERBY:________________________________________________________DEPUTYTHE PURPOSE OF THIS AMENDED PLAT IS TO AMENDED THE BUILDING ENVELOPES.SCALE: 1" = 2,000'3536HIGHWAY 82COUNTY ROAD 100SITE( ' ' ' ' ' I I ,_,_, 0 " /c 'C' l • I ....... I -I ' ' ' -...l,, •_d 0 u ,,, ....... ....... ....... ....... ....... ....... ....... ....... J ....... ....... ....... '( I I I I I ....... I I ....... ~p I I I I n I 1. BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF N00"40'07''E BETWEEN FOUND REBAR AND 1-1/4" RED PLASTIC CAPS LS26950 AS SHOWN HEREON. 2. DATE OF FIELD SURVEY: AUGUST 27 & 28, 2020, UPDATED MARCH 2022. 3. LINEAR UNITS USED TO PERFORM THIS SURVEY WERE U.S. SURVEY FEET. 4. THIS SURVEY IS BASED ON ROARING FORK PRESERVE RECORDED MAY 23, 2002 AS RECEPTION NO. 603992 AND FIRST AMENDED PLAT AS RECEPTION NO. 945740 AND CORNERS FOUND IN PLACE AS SHOWN HEREON. ' ' ' ' ' ' ' ' ' ' \ ---------------<• " /'. / · .. , // ·: ~ C ~~•-(\ ''-··-··-··_J··-··-·· SIT WIKE AT J BUIL'DZ11!G R,JVfl.OP£ (Ty.pICAL) / RODNEY P. KISER LICENSED PROFESSIONAL LAND SURVEYOR COLORADO REGISTRATION NO. 38215 t TRUE NORTH ----COLORADO----A LAND SURVEYING AND MAPPING COMPANY _, / ,,-_,/·> /. j,i/ '\,', MATTHEW & JULIE FADDEN AMENDED PLAT OF LOT 9 LOT 9 -ROARING FORK PRESERVE COUNTY OF GARFIELD -STATE OF COLORADO '>\;::::_ ;.-::;__:::;;;::: __ ~·;><· PROJECT NO: 2020-324 t-------1 SHEET 10F1 N78°12'15"W 682.86'PLAT=N78°10'10"W 682.40'N00°52'04"W 73.10'PLAT=N01°14'34"WN67°38'45"W 478.58'PLAT=N67°39'44"WBASIS OF BEARINGSPLAT=410.00'N00°40'07"E 410.17'PLAT=S65°12'47"E 389.37'S65°06'08"E 389.02'PLAT=S78°31'47"E 82.93'S78°26'31"E 83.07'PLAT=S62°09'01"E 155.56'S62°06'09"E 155.10'PLAT=N66°12 '16"E 185 .69 'N66°20 '12"E 185 .98 'PLAT=S78°29'52"E 277.46'S78°27'57"E 277.80'S65°15'16"E 252.47'PLAT=S65°19'05"E 252.12'N89°32'41"E 174.60'PLAT=S89°58'08"EL=58.23'R=130.00'CB=S35°22'48"ECH=57.75'S48°12'47"E 44.04'L=138.29'R=370.00'CB=S37°30'20"ECH=137.49'S26°47'53"E 157.00'S63°12'07"W23.51'L=53.74'R=75.00'CB=S83°43'39"WCH=52.59'N75°44'49"W 167.57'L=249.52'R=205.00'CB=S69°23'01"WCH=234.40'L=161.06'R=52.00'CB=S42°08'22"WCH=103.97'S45°24'42"W8.94'27.0' WITNESS CORNERSET REBAR & 1-1/4" BLUE PLASTICCAP WC TNC PLS38215FOUND REBAR & 1-1/4" YELLOWPLASTIC CAP HCE LS19598FOUND REBAR & 1-1/4"RED PLASTIC CAP LS26950FOUND REBAR & 1-1/4"RED PLASTIC CAP LS26950FOUND REBAR & 1-1/4"RED PLASTIC CAP LS26950FOUND REBAR & 1-1/4"RED PLASTIC CAPLS-ILLEGIBLEFOUND REBAR & 1-1/4"RED PLASTIC CAPLS-ILLEGIBLEFOUND REBAR & 1-1/4"RED PLASTIC CAPLS-ILLEGIBLEFOUND REBAR & 1-1/4"RED PLASTIC CAPLS-ILLEGIBLEFOUND REBAR & 1-1/4"RED PLASTIC CAP LS26950SET PK NAIL & 1-1/2" ALUMINUMTAG PLS38215 IN PAVEMENTFOUNDNO. 5 REBARFOUNDNO. 5 REBARFOUND REBAR & 1-1/4"RED PLASTIC CAP REF POINTHCE LS19598FOUND REBAR & 1-1/4"RED PLASTIC CAP REF POINTHCE LS19598FOUND REBAR & 1-1/4"RED PLASTIC CAP REF POINTHCE LS19598(TYPICAL)SET SPIKE ATBUILDINGENVELOPE(TYPICAL)10' WIDE UTILITYEASEMENTFOUND REBAR & 1-1/4"RED PLASTIC CAPLS-ILLEGIBLE18"CMPIRRIGATIONDITCH LATERALSBUILDINGENVELOPEADDITIONALBUILDINGENVELOPEAPPARENT EASEMENT FOROVERHEAD POWER LINELOT 915.391± ACRES(AS SURVEYED)LOT 8LOT 718"CMP18"CMP SHEDPOSSIBLEENCROACHMENTLANDSCAPINGPONDEROSAPINESWAYWEEPINGWILLOWS LANEPAVED ROADWAYPAVED ROADWAY60' WIDERIGHT-OF-WAY40' WIDERIGHT-OF-WAYSTONECOLUMNLOT 4FOUND T-POSTPOSSIBLE BURIEDWELL LOCATIONROCK CAIRNWPOWER POLEGUY ANCHORWELLOVERHEAD ELECTRIC LINE WIRE FENCE LINEELECTRICAL TRANSFORMERLEGENDSURVEYOR'S CERTIFICATIONSURVEY NOTES:5. THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS AND EASEMENTS OF RECORD OR INPLACE.6. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT, THEREFORE, ANY EXCEPTIONS TOTITLE THAT MAY AFFECT THE SUBJECT PROPERTY HAVE NOT BEEN REVIEWED BY TRUE NORTH COLORADO, LLC.LOT 9 - ROARING FORK PRESERVESECTIONS 35 & 36, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PMCOUNTY OF GARFIELD, STATE OF COLORADOIMPROVEMENT SURVEY PLAT TRUE NORTH COLORADO LLC.A LAND SURVEYING AND MAPPING COMPANYP.O. BOX 614 - 386 MAIN STREET UNIT 3NEW CASTLE, COLORADO 81647(970) 984-0474www.truenorthcolorado.comDATE:AUGUST 29, 2020DRAWNRPKSURVEYEDMAN60'30'120'SCALE: 1" = 60'PROPERTY DESCRIPTION:0NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANYLEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREEYEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANYACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORETHAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.WOOD RAIL FENCE ........._ . I ........._ I _,,.I I I I I .....___ LOT 9 ROARING FORK PRESERVE C r C r C r ACCORDING TO THE FINAL PLAT THEREOF RECORDED MAY 23, 2002 AS RECEPTION NO. 603992. COUNTY OF GARFIELD STATE OF COLORADO 1. BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF N00'40'07"E BETWEEN FOUND REBAR AND 1-1/4" RED PLASTIC CAPS LS269S0 AS SHOWN HEREON. 2. DATE OF FIELD SURVEY: AUGUST 27 & 28, 2020. 3. LJNEAR UNITS USED TO PERFORM THIS SURVEY WERE U.S. SURVEY FEET. 4. THIS SURVEY IS BASED ON ROARING FORK PRESERVE RECORDED MAY 23, 2002 AS RECEPTION NO. 603992 AND CORNERS FOUND IN PLACE AS SHOWN HEREON. I _,,. I I / --...._ ---...._ I I I / .....___ I .....___ '-.....J; I I I I I I I I I I "RODNEY P. KISER, HEREBY CERTIFY TO DAVID MULKEY, A FAMILY LIMITED PARTNERSHIP (SELLER) AND MATT AND JULJE FADDEN (BUYERS), THAT THIS IS AN "IMPROVEMENT SURVEY PLAr' AS DEFINED BY C.R.S.38-51-102(9) AND THAT IT IS A MONUMENTED LAND SURVEY PERFORMED UNDER MY DIRECT SUPERVISION AND RESPONSIBLE CHARGE, SHOWING THE LOCATION OF ALL STRUCTURES, VISIBLE UTILJTIES, FENCES, HEDGES, OR WALLS SITUATED ON THE DESCRIBED PARCEL AND WITHIN FIVE FEET OF ALL BOUNDARIES OF SUCH PARCEL, ANY CONFLICTING BOUNDARY EVIDENCE OR VISIBLE ENCROACHMENTS, AND ALL PLATTED EASEMENTS. RODNEY P. KISER LJCENSED PROFESSIONAL LAND SURVEYOR COLORADO REGISTRATION NO. 3821S ' \ \ \ \ I -l.. I I \ \ \ \ I I I I \ ' \ ----I I I I 'TJ__, --De ----,:.;I:. -----, ____ , __ _ -c------n-------c---REVISED: 09-09-2020: ADDED POSSIBLE SECOND WELL LOCATION. TRUE NORTH ----COLORADO----A LAND SURVEYING AND MAPPING COMPANY -( \ \ \ \ \ \ -_, --,,,_ __ _ \ \ .,.____ / ----i __ ---,/ ~~---1=~~-~:-~ -~ ' ' ' _/ MATT & JULIE FADDEN IMPROVEMENT SURVEY PLAT LOT 9 -ROARING FORK PRESERVE COUNTY OF GARFIELD -STATE OF COLORADO PROJECT NO: 2019-324 SHEET 10F1 April 12, 2020 To: Garfield County Planning Department 108, 8th St Suite 401 Glenwood Springs, CO 81601 From: Matt and Julie Fadden Lot 9 – Roaring Fork Preserve Carbondale, CO 81623 Parcel No. 2393-36319-009 RE: Roaring Fork Preserve Lot 9 Building Envelope Modification To whom it may concern: The owners of Roaring Fork Preserve Lot 9 are applying to modify their building envelopes. The purpose of the modification is to preserve a stand of trees, located in the center of the building envelope they wish to build on. The applicant proposes shifting the boundaries of the existing building envelopes in order to create a buildable site to the west of the trees and save them, while maintaining existing setbacks to property lines and balancing the building envelope area so that there is a net reduction of 42sqft. As currently platted, Lot 9 is a 15-acre parcel with two building envelopes, one on the east side of the lot and one on the west side of the lot. The applicant’s desire is to build their home with a detached barn on the eastern envelope, as it is on the dryer side of the lot, with a large grove of standing trees, that is not currently flood irrigated. The western envelope is larger, but located in an established field that is wet and floor irrigated to produce grass for cattle. The owners desire to preserve the agricultural usage of the lot and not build on the western envelope at this time. In order to preserve the irrigated field and grove of trees, the applicant proposes shifting the western boundary of the east building envelope further west, such as to accommodate a building site west of the trees. They also propose moving the eastern edge of that same envelope further west to partially offset the additional area of the modified envelope. The balance of the offset would be achieved by modifying the boundary of the western building envelope, which would result in a balanced or net reduction of buildable area on the parcel. The Roaring Fork Preserve Association has reviewed the proposed modification and approved it. A letter is attached. The Roaring Fork Preserve Subdivision is irrigated by the Slough Ditch and Banning Lateral. Lot 9 is fed irrigation water from the Slough Ditch Network by a lateral specific to Lot 9. Irrigation Water that enters Lot 9’s specific ditch network is not utilized to supply any other parcels. While some of the lot specific lateral ditches used to irrigate the parcel might be modified, no modifications or changes are planned that would affect other users of the Slough Ditch or Banning Lateral Network. Water usage is intended to remain the same. We look forward to a Staff Approval on this building envelope modification. Please feel free to contact me with any questions: Brad Larson, Architect Brad.lda@comcast.net 970.923.3333 -0 ~ == 1 . TH IS SURVEY l S BASED ON BOUNDARY SPLIT SURVEY PREPARED BY SCARROW & WALKER, INC., DATED MAY 18, 2000, 2. BASIS OF BEARING FOR THE SURVEY IS BETWEEN THE NORTHWEST CORNER OF GOVERNMENT ~g~0~~~~~D C~N~~o: ~g~~~~~ENT LOT BE I NG 3 BUILDING ENVELOPES ARE AS CALLED OUT ON THIS PLAT 4. THE REAL PROPERTY DESCRIBED HEREIN IS SUBJECT TO THE TERMS, PROVISIONS ANO CONDITIONS OF (i) GARFIELD COUNTY APPROVAL RESOLUTION NO. 2001-60 CAPTIONED "A RESOLUTION CONCERNED WITH THE APl?ROVAL OF A PREL IM!NARY PLAN FOR THE ROARING FORK PRESERVE SUBDIVISION" RECORDED IN BOOK 1279 AT PAGE 57 OF THE REAL EST ATE RECORDS OF GARf I ELD COUNTY, COLORADO AND ( I i ) DECLARATION OF ~~~T~)I ~~ov6~A~~~ ~~~L T~§T ~~R k~g0~g~K 0~R~~~~~~L~Egg~~i~. A~o~6~~~61~~o f~i+~EE~~~~;~!T~~ ~~G~~~T~rT~e~ g~e~~~~T~~ RESERVED ON THIS PLAT ANO AS SET 5. THE MINIMUM DEFENSIBLE SPACE DISTANCE SHALL BE .30 FEET ON LEVEL TERRAIN, PLUS APPROPRIATE MODIFICATION TO RECOGNIZE THE INCREASED RATE OF FIRE SPREAD AT SLOPED SITES, THE METHODOLOGY DESCRIBED JN HDETERMJNlNG SAFETY ZONE DIMENSIONS, W!LDFlRE SAFETY GUIDELINES FOR RURAL HOMEOWNERS," ~~gbf~:~~N~; A~ii/~~~ 5 ~E~57~~gE6E~~~t~ Br~ ~~;gE T~ 1 ~~i~R~G ~~D ~~~E~~!~t6P:~ACE IN AREAS EXCEEDING FIVE (5) PERCENT GRADE. 6. FEMA'S 100 YEAR WATER SURFACE ELEVATIONS ARE BASED ON THE FOLLOWING DATUM: RM23 DESCRIBED AS THE U.S. ARMY CORPS OF ENGINEER'S BENCH MARK COMPRISING A RAILROAD SP I KE IN THE LAST POWER POLE ON THE NORTH S l OE OF COUNTY ROAD 100, APPROXIMATELY 2 MILES EAST OF CARBONDALE; 827 FEET WEST OF THE DENVER ~~~T~~rT~~~ RA, LROAD MI LE POST 375 AND 11 o FEET NORTH OF THE MA, N TRACK 7, IT IS THE INDIVIDUAL LOT OWNER'S RESPONSIBILITY, ACCORDING TO THE COLORADO NOX I OLIS WEED ACT ANO GARF I ELD COUNTY'S WEED MANAGEMENT PLAN, TO MANAGE ANY NOXIOUS WEEDS ON HIS OR HER PROPERTY. THE ROARING FORK PRESERVE HOMEOWNER'S ASSOCIATION HAS OBTAINED A VEGETATION MANAGEMENT PLAN FOR THE ROARING FORK ~~!~E~~E A~~~~~~~: 1 ~~R ~~~~~~~~ o~y A ~Ei~~ ~~~ r ~~~M~~T~~( ~iiiR IN~ ~g~; ~~E~~~eE HOMEOWNER' S ASSOC I AT I ON. 8. ONE {1) DOG WILL BE ALLOWED FOR EACH RESIDENTIAL UNIT WITHIN THE SUBDIVISION ~~~61~ 1 ~~ ~7~~L E~~o~~~~~~~D p~gv ~~ 1 g~~F 1~E~E~ 1 ~~k~H T7~ ~:E~~gT~~$~5~TY COVENANTS FOR THE SUBDIVISION. 9 . pit ~t5~:~~E:~i~!~~7i~ T~~ N: A!~~tei~~~~:;~~~~ ~B~~~y6~T v~k ~~y~~G 10 · ~<;.%~5~~~Y s~!itL ~~tP~~1 ~~ TS" ~~~s ~~ A~~1~~s8 ~~i~~~1I~D TiN A~~:s s~'-r6 F~R~H8 □NL Y · IN GARFIELD COUNTY ZONING RESOLUTION OF 1978, AS AMENDED. 11. EACH LOT WILL BE SERVED BY AN INDIVIDUAL SEWAGE TREATMENT SYSTEM TO BE DESIGNED BY A PROFESSIONAL ENGINEER AS PROVIDED FOR MORE FULLY IN THE DECLARATION Of PROTECTIVE COVENANTS. 12. WETLAND BOUNDARIES WITHIN THE SUBDIVISION HAVE BEEN DELINEATED BY BEACH ENVIRONMENTAL, LLC. SEPTEMBER 19, 2000, PROJECT NO. 0255. 13. SO I LS TEST I NG WAS DONE AND GEOTECHN I CAL REPORT WAS PREPA~ED BY HEPWORTH-PAWLAK GEOTECHNICAL, INC. DATED NOVEMBER 30, 2000, JOB NO. 100 627. 14 . 1~1~1g 1 ~~~~~{~i6~i~N ~~~~D~~~~~T 6i~~ 6~N A~~At~ T~~A~~~~u~iEicrri~T~:~H 15. THE COLORADO DIVISION OF WILDLIFE SHALL BE HELO HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGE TO LANDSCAPING IMPROVEMENTS, FENCING, ORNAMENTAL AND NATIVE PLANTS, AND GARDEN PLANTS RESULTING FROM THE ACTIVITIES OF WILDLIFE. 16. IRRIGATION EASEMENTS: ALL Of THE LOTS AND ROADWAYS WJTHlN THE SUBDIVISION ARE SUBJECT TO AN EASEMENT FOR THE USE, MAINTENANCE, REPAIR ANO REPLACEMENT OFTHEMAINOJTCHESOFSLOUGHOITCH, ASDEPICTEDONTHISPLAT, AND ANY LATERAL DITCHES. SUCH EASEMENTS SHALL BE FOR A WIDTH OF 40-FEET, 20-FEET !~~H~~T!i~t~+~g~i~ ~;~:i~~~;~~~ I gr ~~7~~~~~i6~::~ri~ S~~~~~:G ~~0~~ T~~:~~!5~AL HOMEOWNERS ASSOCIATION AND, II=" REQUIRED BY LAW, THE SLOUGH DITCH COMPANY, ~~~E~;E~M~~iH 7 ~gH~~R~7~N~~~L~E:~~~w s~~L A~~PtXT~~AtN61 ~~~o~~T~~ ~ ~~~~LLED ~~!~ ~~~H B~~L~u: ~iE~~E~~A ~l rn 7~y T~?~~l~~T N&N~+ Ab~~L~~ 1 ~~AiA~Gf~P I NG) ~~~5~~B~~~L~I +~i~R~~? aTI: ~~l~~E E~e~t6~f OF ANY LOT OWNER TO LOCATE LOT NO. 1 2 3 4 5 6 7 12.762 15.412 TOTAL LOT AREA RIGHT-OF-WAY AREA A/R/RD A/R/RD 85.267 AC± 4.766 AC± TOTAL AREA 90.033 AC± ADDRESS 021 SILVER SPRUCE DRIVE 020 SILVER SPRUCE DRIVE 014 SILVER SPRUCE DRIVE 013 SILVER SPRUCE DRIVE g~! ~g~g!~g!;R~:~~~R :i~ 004 WEEPING WILLOWS LANE 012 WEEPING WILLOWS LANE 007 PONDEROSA PINES WAY 011 WEEPING WILLOWS LANE EX I ST I NG ZONING = A/R/RO -PROPOSED ZON 1 NG = A/R/RD mi~ ~~~unn~i~;t~t~~i~i~r~;;:;;~ TS ~RtP6S~DD s8e' EACH STRUCTURE• ;g;~~ :~:~~i~i!!i~:~~!I~ ~~::~~~~:;~~~~;::!~~:~::~~ ~ ::~~" ~::~ 1 L~T~o FINAL PLAT ROA\R· 'l·1 N1G \ I \ i · :J 'i ! ·~ '.!-Flo~R;: 'K P· ·RE· 1SER·'VE' \ r 11 _ \. .; 1 . \ 11 1 ~ _J : l : , ~,/ 1 I A PARCEL OF LAND SITUATED IN SECTIONS COUNTY OF GARFIELD, 35 AND 36, T.7S., R.88W, STATE OF COLORADO OF THE 6TH P.M. SHEET 1 OF 2 OH O .::'.'.::\'~' -S C .. e, =•• S<H • ~• -~ .. 38-51-11,'~~ NOT THE ACCUR _ _,..;;..;e,_• I • 6TH P.M. APi• o sm•= "• "· ,_,_, 0, ,;1,="fi.'I"' ""!D -• O,• 0<•=> "" -•~ '"' • 0 a 0= a.,•,~"i-~···-·· ... -, ... SLJBYFYOB'S CERDflCAif I, FRANK W. HARRINGTON, DO HEREBY STATE THAT I AM A REGISTERED LANO SURVEYOR UCENSED UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS PLAT JS A TRUE, CORRECT AND COMPLETE PLAT OF THE ROARING F'ORK PRESERVE SUBDIVISION AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME AND ATTORNEY'S CERTIFICATE UNDER MY SUPERVISION ANO CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS :~gu~~~EL~T~r°ciuC:~~:isg6~i~~~;5r:~\i:~1~s~~ ~?t!~o~PON THE GROUND IN COMPUANCE WITH I, ROBERT 8. EMERSON, AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF A.D.20f.L• ALPINE BANK, BEING THE HOLDER AND BENEFICIARY OF A DEED OF TRUST RECORDED IN BOOK 1183 AT PAGE 442 OF THE RECORJS OF THE CLERK AND RECORDER Of GARFIELD COUNTY, COLORADO, WHICH ENl;;UMBERS THE LOTS WHICH HAVE BEEN PLATTED AND SUBDIVIDED AS SHOWN UPON THIS FINAL PLAT, DOES HEREBY CONSENT TO THIS FINAL PLAT AND THE RECORDING ~~ii!~:~~i~~~:~i~i~~~!~;;;~~i!~;~~~iJ;~i[~~1::~~i:!;ii:1I:~~~~ti~j~~~i~~ T T;s DATED THIS W-DAY ) )ss ) COLORADO, DO HEREBY CERTIFY THAT THIS SUBDIVISION IS IN SUBSTANTIAL COMPLIANCE WITH THE GARFIELD COUNTY SUBDIVISION REGULATIONS OF 1984, AS AMENDED, ANO THAT UPON RECORDING OF THIS PLAT, ALL DEDICATIONS TO THE PUBLIC, AS DESCRIBED HEREIN, ARt FREE AND CLEAR OF ALL LI ENS AND ENCUMBRANCES OF RECORD EXCEPT: ~~?HTS RESERVED IN UNITED STATED PATENT RECORDED JUNE 1, 1899, IN BOOK 12 AT PAGE SET FORTH IN DATEr-7 HIGH COUNTRY ENGINEERING, INC. CONSULTING ENGINEERS AND SURVEYORS 1517 BLAKE AVENUE, SUITE 101 GLENWOOD SPRINGS, COLORADO 81601 (970) 945~ B676 DEDICATION KNOW ALL MEN BY THESE PRESENTS THAT ROARING FORK PRESERVE, LLC IS THE.OWNER OF THAT REAL PROPERTY SITUATED IN THE COUNTY Of GARFIELD, STATE OF COLORADO, AND BEJNG A PART OF THE AS SHOWN ON THE ACCOMPANYING PLAT, SAID REAL PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED IN GOVERNMENT LOTS 12 AND 1J IN SECTION J5, AND IN GOVERNMENT LOTS 14 AND 15 IN SECTION 36, TOWNSHIP 7 SOOTH, RANGE !8 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAJD PARCEL LYING ~g:~H~:~~l~0l!~~/g~~~~~~~/~~H~o~ro:;; OF GARFIELD COUHTY ROAD NO. 100, AND BEING CCMMENC I NG AT THE WITNESS CORNER FOR THE SOUTH QUARTER CORNER OF SECT I ON 35, A NO. 0 REBAR FOUND IN PLACE; THENCE H.81·49'57"E. 1410.02 !="£ET (RECffiD T_lE: S.81'55'W. 1417.05 HET): THENCE AL~G SAID RIGHT-OF-WAY S.87'28'17"E. A DISTAl-lCE OF 425.14 FEET; THENCE ALONG SAID RIGHT-OF-WAY S.88'35'41•E .. A DISTANCE OF 154.0 ◄ FEET; THENCE ALONG SAID RIGHT---OF-'tWAY N.M"◄5'20"E. A DISTAHCE OF 310.37 FEET TO IJ:E......eQ.l. ~: THENCE LEAVING SAID RIGHT-OF-WAY N.01"H'3◄"W. A DISTANCE OF 1200.Jl FEET (DEED= 12oe,34 FEET) TO A REBAR AND CAP, PLS f 2ag150; THENCE N.07".Jg'~4•w. A 01STAMCE OF 478.58 FEET TO A POINT ON AN EXISTING FEHCELINE BEING A REBAR AND CAP, PLS I 20gM; TH[NCE ALONG SAID FEt-lCELIME N.00'40'07"E. A DISTANCE OF -410,00 FEET TO AREBARAt-lDCAP, PLS#2155150; THENCES.155"12'◄7"E. ADISTANCEOF38!w.37FEETTOA REBAR ANO CAP, PLS f 20Q50; THENCE S.78'J1'-47"E A DISTANCE OF e2.lil.3 FEET TO A REBAR AND CAP, PLS'# 28Q50; THENCE S.152"0Q'01"E. A DISTANCE OF 1~~.58 FEET TO A REBAR AND CAP, PLS f 215g~O; THENCE N.M"12'1e"E. A DISTANCE OF 185.eg FEET TO A REBAR AND CAP, PLS # 2151il~O; TF=IENCE S.78'2Q'52"E. A DISTANCE OF 277',415 !="EET TO A REBAR AND CAP, PLS # 2egso: THENCE S.M'1Q'05"E, A DISTANCE OF 252.12 FEET TO A REBAR ANO CAP, PLS f 28Q50; THENCE S.BQ'58'08"E. A DISTANCE: OF 420.28 FEET TO A REBAR ANO CAP, PLS # 2159~0; THENCE N.J0'22'30"E. A DISTANCE OF 251.43 FEET TO A REBAR AND CAP, PLS # 269M; THENCE N.72'◄'4'2Q"E. A DISTANCE OF 2M.93 FEET TO A REBAR AHO CAP, PLS f 26950; THENCE NORTH A DISTANCE OF 740.00 FEET (A WITNESS REBAR AND C:AP, PLS # 2eQ50 BEAS SOUTH 125.00 FEET); THENCE H:B9"53'49"E. A DISTANCE OF 1500.00 FEET TO A REBAR AND CAP, PLS # 1e'47e AT THE NORTHEAST CORNER Of GOVER .... ENT LOT 1'4 IN SECTION 3e; THENCE s.00·1e'Je"E. A DISTANCE OF e7-4.Q2 FEET TO THE SOUTHEAST CORNER OF GOVERMWENT LOT 14. ALSO BE1NG THE NORTHEAST CORt-lER OF GOVERNI.ENT LOT 15; THENCE 5.00'1e'.l15"E. A DISTANCE~ 1-413.08 FEET ALONG THE EASTERLY LIME OF SAlD GOVERNWEMT LOT 15, TO THE NORTHEAST CORNER OF THAT PARCEL Of LANO DESCRIBED IN BOOK 7153 AT PAGE 727; THENCE ~~~c~~~Lgt ~~N6E~E~6~? B~gu~~E~o~~ 0;t~ T~i ~~?~~~ y A~~D l ~~~~L ;15~ I ~~s p~~E T~~~E OF THE GARFIELD COUNTY RECORDS: 1) S.22'04'22"'1. 22.78 FEET; 2) s.02•3e••o·w. 115.26 FEET: .3) s.1a•5g•1rw. 220.00 !="EET; 4) s.e1 ·oe'57"w. 2ee.a2 FEET; 5,) N.81 '47'11"W. e7.eo FEET; e) N.e4•42•5e•w. ea.go FEET: 7) N.84'42'5e"w. 114.68 FEET; 8) s_7g•o2·11·w. 120.81 FEET; Iii) N.87"27'1,4•w. 227.54FEET; 10) S.15"25'16"W. 1Q2.e3 FEET TO THE NORTHERLY RIGHT-OF-WAY OF GARFIELD COUNTY ROAD NO, 100: THENCE ALONG SAID RIGHT-OF-WAY S.88"-t.5'2e"w. A DISTANCE OF 102e.e9 FEET TO }Hf POINT Of BEG H G; SAID PARCEL CONTAINING 90.033 ACRES, Jr.ORE OR LESS. THAT SAID OWNER HAS CAUSED THE SA! D REAL PROPERTY TO BE LA ID OUT AND SURVEYED AS ROARING FQRK PRfSfRYf, A SUBDIVISION Of A PART OF GARFlELO COUNTY, COLDRADO. THAT SAID OWNER DOES HEREBY DEDICATE AND SET APART ALL OF THE STREETS KNOWN AS PONDEROSA PINES WAY, WEEPING WILLOWS LANE, AND SILVER SPRUCE DRIVE AS SHO\oVN ON THE ~8~~~~A~i: ~? T~L;0p~~ I l~~ ¥~6st p6~~ 16~~\~~ ~27gv~~AL A~~o~~~i~y ~rn~ c:~~\l~E[~6 AS UTILITY EASEMENTS ON THIS PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES, tNCLUOINGBUTNOTLIM!TEDTOELECTRICLlNES. GAS LINES, TELEPHONE LINES; TOGETHER WITH PERPETUAL RIGHT Of INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH LINES. SUCH EASEMENTS AND RIGHTS SHALL BE UTILIZED IN A REASONABLE ANO PRUDENT MANNER AND THE SURFACE Of THE GROUND SHALL BE RESTORED FOLLOWING ANY EXCAVATION PURSUANT TO THIS EASEMENT. THERE IS ALSO HEREBY RESERVED FOR THE BENEFIT OF ROARING FORK PRESERVE HOMEOWNERS ASSOC I AT I ON AND I TS MEMBERS ANO THE SUPPL I £RS OF EMERGENCY SERVICES AN EASEMENT FOR THE INSTALLATION, MAINTENANCE, REPAIR ANO REPLACEMENT OF A WELL ANO f!RE PROTECTION WATER STORAGE TANKS AND APPURTENANT EQUIPMENT, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS OVER AND ACROSS THE THIRTY FOOT EMERGENCY ACCESS EASEMENTS DEPICTED ON THIS PLAT; THERE IS FURTHER RESERVED AND DEDICATED FOR THE BENEFIT OF ROARING FORK ~~~~~~~E T~~ov:~~~gA ~7~2c 6 ~ i~~N E:~~M~~is M~~~E7~R ~~~Ti~ i~~~~~ 1 ~~ ig~ 6 ~~h~AT I ON EASEMENTS DEPICTED ON THIS PLAT; THERE IS FURTHER RESERVED ANO DEDICATED FOR THE USE AND BENEFIT OF THE ROARING FORK PRESERVE HOMEOWNERS ASSOCIATION AND !TS MEMBERS THE PEDESTRIAN EASEMENTS DEPICTED ON THIS PLAT; THAT ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTY OF GARFIELD. MANAGER -ROARING FORK PRESERVE, LLC IN w~ES~AHi~~OF SAJ1i/i;NER HAS •CAAU.St.D, H2~s02N.AM£ TO BE HEREUNTO SUBSCRIBED TH IS STATE OF COLORADO ) )ss COUNTY Of GARF I ELD ) GI ERK ANP Bf'.COBQEB'S GERIIFlCAIE 6~eN~A:TYl~~-i'".J_Q_R O~~~g~~ ~1?~~J, o;:1cT~EO~~E0~LE_ff-~N~-~=~-~ ... ;~i.f!ELD 2D;l;J~~ULY RECORDED IN BOOK ----------~ ___________ , RECEPTION ::~~=~ BY . AND RE , R ~ ____ ./_..~ J- / l C) OJ ..Q ~ )> No0'21'58"E s 78"31'19H w Nt6•21'348 E S 28'46'53" W N35"36'08"E S 26'25'28" W N 7Y04'44" E N49'25'55"E N26'43'09"E N 42'22'05" W S 63"53'36~ W FINAL PLAT Ro': A' RI' N1 G l ~ .1 \. i . :, l I ·. :\ FORK PRESERVE A PARCEL OF LAND SITUATED IN SECTIONS 35 AND 36, T.?S., R.88W, OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO .--FOUND REBAR & CAPj S 6 LS # 26950 s•,<·1;,. I' '--c J'8~.J;,, I '---.//o;, ....... - :gl jl I ....... :z_ ) I #.l__....... I§ ---I tv 6;,~·.,.1-.. Ir <111 ---✓ '-----;~g,:, ~~'/ <l:>19.S(J FOUND REBAR & CAP LS#26950 '(6-> 'r---_ ~I I ,.. H :i i I ;,; § LOT9 671,371 S.F.± 15.412 Ac.± ~:~~]~~[ 40' 30' EMERGENCY ACCESS EASEMENT ;!; ,.. 51\1 z"" SHEET 2 OF 2 GRAPHIC SCALE ca_. i ( IN FEET ) 1 inch= 150 ft. FOUNOREBAR.1CAP FOUNOREBAR&CAP LS#26950 LS#26950 .sss7 <s<. ;;st 33.3l~!; 5 0~~ 0 fJ31.4s• Lsi "'4.\\..-\_(j '""°\.~~ / -yp=-7 / L 557, T ~~ "'\lO"'" / FOUND REBAR & CAP ,//LS#18478 EDESTR!AN EASEMENT ' / ✓}.---i -....; ( LdT 2 ~-YR. FLOO,OWA.7 -~ Vl ....__ 8 ....,__ .., -; g J -, ''''h,-7 ~ I 2so.009 s.F.± "' o,. I ~ 5.739 Ac.± ~ ;!: ~ I I ~ l[(l §I :;: O> : I ~ LOT 1 ~, ~ lj I I~ ~ 1 .219,999 s.d :;i .,I I b p.050 Ac.±J ~ L L41 -,J 0 ~ _.3L_ u ~/ ,v.__ -$/ r~6~i~:~~~ION EASEMENT FOUND REBAR & CAP LS#26950 SET REBAR & LS#26950 ·"' ?vq;?. 6<v..._'(fe ~ ~1~· ~~O'PEDESTRII ~ AND EMERGEN ACCESS~ -el' \ ;---\ \~1 I t ~ ) \ I \~ LOJ 4 1. 0 ,, II t " 344,033 S.F.± .-..Y~ /o '[ l ~ 7.897 Ac.± 7 // LOT 3 \ $ ~54,580 SF jl: <., / o,/q/{ 5.844 Ac.±1 \ ., Pi/ __ '\; 1 ✓ i1 ✓ - N89'1,t?.4"E 521.96' -LS_,--7 LOTS 423,669 S_F,± 9.726 Ac.± ~ b CY/. 20~1;~~:NT~ON ~808 ··~-&' VJ/ LOT 6 L96-----:(_ /4<> 436 876 S F ± \ d v 10 '029 Ac ± ~,a f ~k 60' RIGHT-Of- 88"45'~?'-' E_i57_&r_ S 22'04'22" W 22.78' FOUND REBAR & CAP LS#14111 S 02'38' 40" W 115.26' FOUND REBAR & CAP LS#26950 FOUND REBAR & CAP LS#14111 f'OUND REBAR & CAP £ FOUNDfl6REBARATWITNESS POINT OF BEGINNING CORNER TO S1/4 SEC. 35 i> FOUND REBAR & CAP ----------1-~--¥/i.~-L----HJ;~f,'lf."J. _____ J, _ _§~~~P--~~~~~f--~--\l,;"Mc:_i_ WiJllC __ , __ ,._ l¾~~•-z?!5~ COUNlY ROAD Jfdd~sf;J CORNER HIGH COUNTRY ENGINEERING, INC. CONSULTING ENGINEERS AND SURVEYORS 1517 BLAKE AVENUE, SUITE 101 GLENWOOD SPRINGS, COLORADO 81601 (970) 945,-,8676 LINE L1 L2 L3 L4 L5 LS L7 L8 L9 L1D L11 L12 L14 L15 L16 L17 L18 L19 L20 L21 L22 L23 L24 L25 L26 L27 L28 L29 L30 L31 L32 L33 L34 ~ t;; ~ ~t- ~I- L41 L45 L46 L47 L48 L49 LS0 L51 L52 L53 L55 L56 L57 L58 L59 L60 L61 L62 L63 L64 L65 L67 L68 L69 L71 L72 L73 L75 L76 ~ -, ·= L77 L78 L79 LB0 L81 L82 ~ L84 ~ L86 ill L88 L89 L90 L91 L92 L93 L94 L95 L96 L97 L98 L99 L100 Lt01 L102 L103 L104 L105 u06 L107 LWB L109 L00 L111 L112 L113 L114 Ii"1I Lt16 ITfz Lt18 W9 Lt20 l121 L122 L123 L124 L125 L126 L127 ~ L129 L130 L131 L132 W3 L134 L135 L136 L1J7 L138 L139 L140 L14I l142 L143 IT# l145 L147 L148 Lffi L150 April 12, 2020 To: Garfield County Planning Department 108, 8th St Suite 401 Glenwood Springs, CO 81601 From: Matt and Julie Fadden Lot 9 – Roaring Fork Preserve Carbondale, CO 81623 Parcel No. 2393-36319-009 RE: Roaring Fork Preserve Lot 9 Building Envelope Modification To whom it may concern: The applicant purchased the property in August 2021. The property is undeveloped parcel in the approved Roaring Fork Preserve Subdivision. The intent is to construct a single-family home with a detached barn. The building plans are consistent with the rights granted with the subdivision guidelines. There are no known code compliance issues on the lot. Brad Larson, Architect Brad.lda@comcast.net 970.923.3333 0 FIGURE 2 Estimated Current Irrigated Area Nleslanlk (8,2 ac} ti • • • 0.5 mi a .... (1.3 ac) United states of America (O.O ac) ~ (0.0 I DRAFT 100 Road cattle Company (35.2 ac} Mulkey (10.1 ac) Finch (9.7 ac) I l Whitman (0,0 ac) \\ "'--c.-.--;::F,~ I • . \\ ·, .... _"\\ .. )e-.. -,✓r "/ ,.-W~lll~lo~ perty ~ t (0.0 a (4.0 "'i _J I ,1 -?I . ~.f :r--~ -:~ ) r. -- Slough Ditch and Banning Lateral Vicinity Map Estimated Irrigated Area 2011 Garfield County, Colorado . •·• ~l ... ~·. · .. :.;.. ·'" ··~ ~ .. -. .,~.,,.;.:~ : . ~-....... , .. • • • ... •• •t. ..... ,f • . " . :,, r••-,:-•.;_ 1:r .. -~ ¥_fJ.N,", :-:~ • ~ . .... 1: •';, ~ ,\ 1''"'··'· "l· .... .,· • • ,.. '!-.' .. . ··.v ..• - ~ ... f)• r_ ... -•, . .• ;'~·: ·-:· ~. ~ff.·· . / '. .·: ,; ·.-X . :, ,..,, , ' ~ -i'i -. ·: , J, / ~-·,,, ' ' J.i~~-:: -~ _ .. 5-1 ,· t ~~ ,. ' • Date: December 18, 2012 May By: T.B. FIie Name: SloughD_2012.map -- -----.. c::::J c::i 0 - ., , . ' . Roaring Fork River , ,, .... Malnsll!m Roaring Fork Side Channel (Goose Creek) Approx. Dlll:h Alignment (2012) • •• , Slough Ditch and Banning L.a11!ral (GPS} .... . . Flynn Ditch (GPS) •• . . . , ~-' East Mesa Ditch Union Ditch • .. , . . Unidentified Dltch Slough Dltdl and Banning Lamnl . . currant 1n1gated Area c2011) ' . Current Ditd1 Owner . ' .; • Untitled OWner? • . .. Slaugh Ditdl Owenhip . ' .... • . Property Boundary Ditdl Haadgate DWR. Diversion Point N ill -=--:,------, Grand Rive,~ Co rurulting Corporation Roaring Fork Preserve Ditch Company Correspondence Garfield County Pre-Application Submittal Requirement IV. 10 On 03/29/2022 7:29 AM Julie Fadden <julie.fadden@comcast.net> wrote: Brad, Can you make a google areal of the ditches. So that Ron can see the entire property and highlight the ditches, please. The blue lines are the existing ditches, so maybe use a different colors for the new and future holding pond for irrigation and watering. Mark the main ditches. Which I don’t believe we have a main ditch, we have only lateral ditches I believe. Give me a call later today. Thanks, Julie See below Ron’s comments. Sent from my iPhone Begin forwarded message: From: Ron Speaker <ron@equusprivatewealth.com> Date: March 29, 2022 at 3:11:22 AM MDT To: julie.fadden@comcast.net Subject: Re: Roaring Fork Preserve LOT-9 Irrigation Site Plan 03-16-22 Julie, I will take a look at this but where are the existing ditches in your drawing? I can’t see where the historical ditches are located? The main ditch that flows through your property, not the laterals would be the key to impacting other ditch members. As far as a letter to the county concerned this I’m not comfortable creating and signing a letter as we are not an official ditch company. This is something we are still trying to accomplish. I would have your architect of landscape designer who is more familiar with your building plan submit this to the county. They could easily take some photos to provide clarity and mention that you spoke to several of us involved in the ditch. Best, Ron Sent from my iPad On Mar 28, 2022, at 8:30 PM, julie.fadden@comcast.net wrote: Hi Ron, Thanks for speaking with me the other day. Sorry it has taken me a few days to get this to you, I was on Spring break also. Below is the building envelope modification I spoke with you the other day, so you can share with your wife. We want to keep as many trees as we can and keep enough distance from the Ponderosa. As you will see we are not increasing the size of envelope we are adjusting the envelope and actual decreasing the over size of the 2 building envelopes on our property. With this adjustment the County has asked for a letter that we are not effecting the Slough and Banning Ditches, from the Ditch Company. Brad Larsen (Architect) and Richard Stumpf ( Contractor- 970-618-6767) contacted Tim Neislanik, Tim said you were the guy to write the le tter. Tim said we were not effecting anything. If you have questions please contact me, Brad or Richard Stumpf. We would appreciate it if you could write a letter that the building envelope modification does not effect the Slough or Banning Ditches or point us to the person to do this for us. We do need the letter as soon as possible since it is part of the application for the building permit. Best Regards, Julie Fadden Julie Fadden Interior Surroundings LLC 303-514-9463 julie.fadden@comcast.net --------- Original Message ---------- From: Brad Larson <brad.lda@comcast.net> To: Julie Fadden <julie.fadden@comcast.net>, "Stumpf, Richard" <richard@rjstumpf.com> Date: 03/16/2022 5:06 PM Subject: Roaring Fork Preserve LOT-9 Irrigation Site Plan 03-16-22 Hi Julie, Please find the updated irrigation plan. Richard and I met with Tim yesterday on site. He walked us through the ditch system and how it feeds off of the main ditch. He was very helpful with suggestions and how to keep things simple and effective. This plan reflects that. The Garfield Planning Dept needs a letter from the ditch company. As I recall it's called the Slough and Banning Lateral Ditch Company. The language in the Pre-Application says "The application needs to provide contact information for the Irrigation Ditch Company and address how the ditch will be modified or effected by change. Approvals by the ditch company for changes to the ditch need to be provided" Tim gave me his email address and recommended that I send it to Ron Speaker as well. Tim's email is whitehillcattle@gmail.com Ron's is ron@equusprivatewealth.com Brad Larson, Architect brad.LDA@comcast.net N78°12'15"W 682.86'PLAT=N78°10'10"W 682.40'N00°52'04"W 73.10'PLAT=N01°14'34"WN67°38'45"W 478.58'PLAT=N67°39'44"WBASIS OF BEARINGSPLAT=410.00'N00°40'07"E 410.17'PLAT=S65°12'47"E 389.37'S65°06'08"E 389.02'PLAT=S78°31'47"E 82.93'S78°26'31"E 83.07'PLAT=S62°09'01"E 155.56'S62°06'09"E 155.10'PLAT=N66°12 '16"E 185 .69 'N66°20 '12"E 185 .98 'PLAT=S78°29'52"E 277.46'S78°27'57"E 277.80'S65°15'16"E 252.47'PLAT=S65°19'05"E 252.12'N89°32'41"E 174.60'PLAT=S89°58'08"EL=58.23'R=130.00'CB=S35°22'48"ECH=57.75'S48°12'47"E 44.04'L=138.29'R=370.00'CB=S37°30'20"ECH=137.49'S26°47'53"E 157.00'S63°12'07"W23.51'L=53.74'R=75.00'CB=S83°43'39"WCH=52.59'N75°44'49"W 167.57'L=249.52'R=205.00'CB=S69°23'01"WCH=234.40'L=161.06'R=52.00'CB=S42°08'22"WCH=103.97'S45°24'42"W8.94'27.0' WITNESS CORNERFOUND REBAR & 1-1/4" BLUEPLASTIC CAP WC TNC PLS38215FOUND REBAR & 1-1/4" YELLOWPLASTIC CAP HCE LS19598FOUND REBAR & 1-1/4"RED PLASTIC CAP LS26950FOUND REBAR & 1-1/4"RED PLASTIC CAP LS26950FOUND REBAR & 1-1/4"RED PLASTIC CAP LS26950FOUND REBAR & 1-1/4"RED PLASTIC CAPLS-ILLEGIBLEFOUND REBAR & 1-1/4"RED PLASTIC CAPLS-ILLEGIBLEFOUND REBAR & 1-1/4"RED PLASTIC CAPLS-ILLEGIBLEFOUND REBAR & 1-1/4"RED PLASTIC CAPLS-ILLEGIBLEFOUND REBAR & 1-1/4"RED PLASTIC CAP LS26950FOUND PK NAIL & 1-1/2"ALUMINUM TAG PLS38215IN PAVEMENTFOUNDNO. 5 REBARFOUNDNO. 5 REBARFOUND REBAR & 1-1/4"RED PLASTIC CAP REF POINTHCE LS19598FOUND REBAR & 1-1/4"RED PLASTIC CAP REF POINTHCE LS19598(TYPICAL)10' WIDE UTILITYEASEMENTAMENDEDBUILDINGENVELOPE79,991± SQ.FT.AMENDEDADDITIONALBUILDINGENVELOPE120,191± SQ.FT.APPARENT EASEMENT FOROVERHEAD POWER LINELOT 915.391± ACRES(AS SURVEYED)LOT 8LOT 7PONDEROSAPINESWAYWEEPINGWILLOWS LANE60' WIDERIGHT-OF-WAY40' WIDERIGHT-OF-WAYLOT 4PORTION OFBUILDINGENVELOPETO BE VACATED21,436± SQ.FT.N67°39'44"W 445.00'FOUND REBAR & 1-1/4" ORANGEPLASTIC CAP TNC PLS38215PORTION OFBUILDINGENVELOPETO BE VACATED9,333± SQ.FT.N18°23'52"E 273.10'S65°12'47"E 193.58'S78°31'47"E81.57'S62°09'01"E 172.94'S18° 2 3 ' 5 2 " W 2 6 3 . 5 7 'N75°21'26"E 83.39'N89°58'08"E 328.20'S37°31'06"E70.17'S01°06'56"E 150.00'N88°40'32"W 257.28'N01°06'56"W 226.63'S59°50 '39 "W 101 .22 'COMMON OPEN SPACEMAYFLY BEND RANCH SUBDIVISIONOWNER100 ROAD CATTLE COMPANY LLCPARCEL NO. 239335400061VICINITY MAPORFREVIEWNOTES:5.THIS AMENDED PLAT DOES NOT CONSTITUTE A TITLE SEARCH BY TRUE NORTH COLORADO,LLC FOR ALL INFORMATION REGARDING EASEMENT, RIGHTS-OF-WAY AND/OR TITLE OFRECORD, TRUE NORTH COLORADO, LLC. RELIED UPON TITLE COMMITMENT NO.XXXXXXXXXXXX ISSUED BY XXXXXXXXXXXXX, EFFECTIVE DATE: XXXXXXXXXXXXXXXX6. ALL TERMS, CONDITIONS, PROVISIONS, AND NOTES AS SET FORTH WITHIN THE ROARING FORKPRESERVE PLAT RECORDED MAY 23, 2002 UNDER RECEPTION NO. 603992 AND THE FIRST AMENDED PLATRECORDED NOVEMBER 20, 2020 UNDER RECEPTION NO. 945740 IN GARFIELD COUNTY CLERK ANDRECORDERS OFFICE, SHALL REMAIN IN FULL EFFECT AND IN PLACE. TRUE NORTH COLORADO LLC.A LAND SURVEYING AND MAPPING COMPANYP.O. BOX 614 - 386 MAIN STREET UNIT 3NEW CASTLE, COLORADO 81647(970) 984-0474www.truenorthcolorado.comDATE: March 29, 2022DRAWNRPKSURVEYEDMAN60'30'120'SCALE: 1" = 60'0NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANYLEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREEYEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANYACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORETHAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.CERTIFICATE OF TAXES PAIDI, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES ANDASSESSMENTS DUE AND PAYABLE OF_____________________________________________________UPON ALL PARCELS OF REAL ESTATE DESCRIBED ON THIS PLAT ARE PAID FULL.DATED THIS __________ DAY OF ______________________________, A.D., 2022BY:________________________________________________________________________________TREASURER OF GARFIELD COUNTYTITLE CERTIFICATEI, ___________________________________, AN AGENT AUTHORIZED BY ________________________________, DOHEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS PLAT ANDTHAT TITLE TO SUCH LANDS IS VESTED IN MATTHEW & JULIE FADDEN, FREE AND CLEAR OF ALLLIENS AND ENCUMBRANCES (INCLUDING MORTGAGES, DEEDS OF TRUST, JUDGMENTS, EASEMENTS,CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT), EXCEPTAS NOTED ON THIS PLAT AND SHOWN IN _____________________________________________________________.DATED THIS ____________________DAY OF___________________________, A.D., 2022.TITLE COMPANYADDRESSCITY, CO ZIP CODEBY:______________________________________________________________AUTHORIZED AGENTCOUNTY SURVEYOR'S CERTIFICATEAPPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS,CALCULATIONS AND DRAFTING PURSUANT TO C.R.S., 38-51-101 AND 102, ET SEQ.DATED THIS _________ DAY OF _____________________________, 2022.BY:____________________________________________________________________ GARFIELD COUNTY SURVEYORFIRST AMENDED PLAT ROARING FORK PRESERVEBUILDING ENVELOPE AMENDMENTSECTIONS 35 & 36, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PMCOUNTY OF GARFIELD, STATE OF COLORADOAMENDED PLAT OF LOT 9COUNTY COMMISSIONER'S CERTIFICATEBASED UPON THE REVIEW AND RECOMMENDATION OF GARFIELD COUNTY DIRECTOR OF COMMUNITYDEVELOPMENT, THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, HEREBYAPPROVES THIS AMENDED PLAT THIS ________ DAY OF ____________________________, A.D., 2022, FOR FILINGWITH THE CLERK AND RECORDER OF GARFIELD COUNTY AND FOR CONVEYANCE TO THE COUNTY OF THEPUBLIC DEDICATIONS SHOWN HEREON, SUBJECT TO THE PROVISIONS THAT APPROVAL IN NO WAYOBLIGATES GARFIELD COUNTY FOR THE FINANCING OR CONSTRUCTION OF IMPROVEMENTS ON LANDS,PUBLIC ROADS, HIGHWAYS OR EASEMENTS DEDICATED TO THE PUBLIC, EXCEPT AS SPECIFICALLY AGREEDTO BY THE BOARD OF COUNTY COMMISSIONERS BY SUBSEQUENT RESOLUTION. THIS APPROVAL SHALL INNO WAY OBLIGATE GARFIELD COUNTY FOR THE CONSTRUCTION, REPAIR OR MAINTENANCE OF PUBLICROADS, HIGHWAYS OR ANY OTHER PUBLIC DEDICATIONS SHOWN HEREON.BY:______________________________________________________________________CHAIRMAN, BOARD OF COUNTY COMMISSIONERSGARFIELD COUNTY, COLORADOWITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD.ATTEST:__________________________________________________________________COUNTY CLERKCERTIFICATE OF DEDICATION AND OWNERSHIPTHE UNDERSIGNED MATTHEW FADDEN AND JULIE FADDEN, BEING SOLE OWNERS IN FEE SIMPLE OF ALLTHAT REAL PROPERTY SITUATED IN GARFIELD COUNTY, DESCRIBED AS FOLLOWS:LOT 9, ROARING FORK PRESERVE, ACCORDING TO THE FIRST AMENDED PLAT RECORDED NOVEMBER 20,2020 UNDER RECEPTION NO. 945740.CONTAINING 15.391 ACRES, MORE OR LESS, HAVE CAUSED THE DESCRIBED REAL PROPERTY TO BESURVEYED, LAID OUT AND PLATTED AS SHOWN ON THIS AMENDED PLAT UNDER THE NAME AND STYLEOF AMENDED PLAT OF LOT 9, FIRST AMENDED PLAT OF ROARING FORK PRESERVE, A SUBDIVISION IN THECOUNTY OF GARFIELD. THE OWNER DOES HEREBY DEDICATE AND SET APART ALL OF THE STREETS ANDROADS AS SHOWN ON THE ACCOMPANYING PLAT TO THE USE OF THE PUBLIC FOREVER, AND HEREBYDEDICATES TO THE PUBLIC UTILITIES THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED ASUTILITY EASEMENTS ON THE ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATIONAND MAINTENANCE OF UTILITIES, IRRIGATION AND DRAINAGE FACILITIES INCLUDING, BUT NOT LIMITEDTO, ELECTRIC LINES, GAS LINES AND TELEPHONE LINES, TOGETHER WITH THE RIGHT TO TRIM INTERFERINGTREES AND BRUSH, WITH PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION ANDMAINTENANCE OF SUCH LINES. SUCH EASEMENT AND RIGHTS SHALL BE UTILIZED IN A REASONABLE ANDPRUDENT MANNER. ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THESELLER OR PURCHASER, NOT BY THE COUNTY OF GARFIELD.EXECUTED THIS _______ DAY OF _________________________________, A.D., 2022.OWNERMATTHEW FADDEN2815 W 115TH DRIVEDENVER, CO 80234BY:_____________________________________________________MATTHEW FADDEN, OWNEROWNERJULIE FADDEN2815 W 115TH DRIVEDENVER, CO 80234BY:_____________________________________________________JULIE FADDEN, OWNERSTATE OF COLORADO )) SSCOUNTY OF GARFIELD )THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS________ DAY OF _________________________, A.D., 2022, BY MATTHEW FADDEN AND JULIE FADDEN ASOWNERS.WITNESS MY HAND AND OFFICIAL SEAL.MY COMMISSION EXPIRES:___________________________________________NOTARY PUBLIC:______________________________________________________SURVEYOR'S CERTIFICATEI, RODNEY P. KISER, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSEDUNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETEPLAT OF THE AMENDED PLAT OF LOT 9, FIRST AMENDED PLAT OF ROARING FORK PRESERVE AS LAIDOUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURATESURVEY OF SAID PROPERTY BY ME AND UNDER MY SUPERVISION, AND CORRECTLY SHOWS THELOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF AS THE SAME ARE STAKEDUPON THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISIONOF LAND.IN WITNESS WHEREOF, I HAVE SET MY HAND AND SEAL THIS _______ DAY OF_____________________________, A.D., 2022.CLERK & RECORDER'S CERTIFICATETHIS AMENDED PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OFGARFIELD COUNTY, COLORADO, AT _______ O'CLOCK_____________, ON THIS ______________ DAY OF________________________________________, 2022 AND IS DULY RECORDED AS RECEPTIONNO._____________________________________________________________________________________CLERK AND RECORDERBY:________________________________________________________DEPUTYTHE PURPOSE OF THIS AMENDED PLAT IS TO AMENDED THE BUILDING ENVELOPES.SCALE: 1" = 2,000'3536HIGHWAY 82COUNTY ROAD 100SITE( ' ' ' ' ' I I ,_,_, 0 " /c 'C' l • I ....... I -I ' ' ' -...l,, •_d 0 u ,,, ....... ....... ....... ....... ....... ....... ....... ....... J ....... ....... ....... '( I I I I I ....... I I ....... ~p I I I I n I 1. BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF N00"40'07''E BETWEEN FOUND REBAR AND 1-1/4" RED PLASTIC CAPS LS26950 AS SHOWN HEREON. 2. DATE OF FIELD SURVEY: AUGUST 27 & 28, 2020, UPDATED MARCH 2022. 3. LINEAR UNITS USED TO PERFORM THIS SURVEY WERE U.S. SURVEY FEET. 4. THIS SURVEY IS BASED ON ROARING FORK PRESERVE RECORDED MAY 23, 2002 AS RECEPTION NO. 603992 AND FIRST AMENDED PLAT AS RECEPTION NO. 945740 AND CORNERS FOUND IN PLACE AS SHOWN HEREON. ' ' ' ' ' ' ' ' ' ' \ ---------------<• " /'. / · .. , // ·: ~ C ~~•-(\ ''-··-··-··_J··-··-·· SIT WIKE AT J BUIL'DZ11!G R,JVfl.OP£ (Ty.pICAL) / RODNEY P. KISER LICENSED PROFESSIONAL LAND SURVEYOR COLORADO REGISTRATION NO. 38215 t TRUE NORTH ----COLORADO----A LAND SURVEYING AND MAPPING COMPANY _, / ,,-_,/·> /. j,i/ '\,', MATTHEW & JULIE FADDEN AMENDED PLAT OF LOT 9 LOT 9 -ROARING FORK PRESERVE COUNTY OF GARFIELD -STATE OF COLORADO '>\;::::_ ;.-::;__:::;;;::: __ ~·;><· PROJECT NO: 2020-324 t-------1 SHEET 10F1 To: Garfield County Planning Department May 25, 2022 108, 8th St Suite 401 Glenwood Springs, CO 81601 From: Matt and Julie Fadden Brad Larson representative. Lot 9 – Roaring Fork Preserve Carbondale, CO 81623 Parcel No. 2393-36319-009 RE: Roaring Fork Preserve Lot 9 (FPAA-04-22-8893) Amended Building Envelope To whom it may concern: In reference to Garfield County Community Development Letter Dated May 10, 2022 1) Updated Title Commitment: Please find the requested Updated Title commitment dated 05-13-22. (Exhibit 1) 2) Current Ownership: please refer to attached, updated, Title Commitment dated 05-13-22 (Exhibit 1) 3) Mineral Rights Ownership Research Memo: See attached, signed Certification of Mineral Owner Research. Please see (Exhibit 3). Previous Legal Research from December 2000 by Robert B. Emerson, P.C. found no current mineral rights owners or lessees claiming interest in this property. Please see (Exhibit 2). 4) Modifying Ditch Laterals: Plat Note #16 of The First Amended Plat of the Roaring Fork Preserve (reception #945740) Requires HOA approval for any modifications to the Slough Ditch or it’s laterals. Please find the HOA, Design Review Committee’s approved Checklist. (Exhibit 4) The committee reviewed a potential future pond and ditch lateral modification and approved it. The DRC will be monitoring all elements of construction as they are being constructed currently or in the future. We submit this document as evidence of HOA (DRC) approval. 5) Beach Environmental Recommendations: No copy of Beach Environmental Recommendations Reception #586745 is available. The report is over 20 years old and the engineering firm no longer exists. A Google search of Beech Environmental suggested The Romero Group in Aspen. Correspondence with them turned up with no document available. Environmental Concerns: Concerns from such a report would primarily address wetlands, wildlife and existing vegetation. It is our opinion that the amended building envelopes will be net positive to the ecosystem. a. Wetlands – There are no known protected wetlands designated on the site. Please find the following research. - (Exhibit 5) This is a letter of approval from the Army Corp of Engineers issued to The Roaring Fork Preserve. The approval was for granting a road access easement to access the RFP Subdivision from County Rd 100 between Lots 6 and 7. - (Exhibit IV.10.a) Refer to the Slough Banning Ditch and Lateral Map previously submitted as IV.10.a aerial view of irrigated and non-irrigated areas. - (IV.8 Garfield_2002_603992 Subdivision Plat) Refer to the original Plat of the Subdivision previously submitted. It does not show any wetlands. Wetlands Continued: - Western Building Envelope With this modification request, the western envelope has been decreased in size. It is located in an established area that is flood irrigated to produce grass for cattle. By decreasing the size of the western envelope, it increases the flood irrigated areas and allows grass production to continue uninterrupted. - Eastern Building Envelope: The eastern envelope is higher in elevation and is difficult to flood irrigate with the existing ditch layouts and structure. This is where an increase in envelop size is requested and where the current development is proposed. b. Wildlife – By decreasing the western building envelope on the end of the property it increases the flood irrigation. All species in the surrounding ecosystem benefit from that. c. Vegetation - The eastern envelope has an existing, historic grove of cotton woods and a large ponderosa pine tree that is in the middle of the building envelope. The desire is to preserve the existing trees. By increasing the eastern envelope to the west, it allows the development to move further from the existing trees. Mineral Interest Research In response to suggested research from the Garfield County NTC Letter FPAA-04-22-8893 pages 3 and 4. 1) Review of Current Ownership: Please see (Exhibit 1, updated Title Commitment). Land Title Guarantee Company stands by their research of mineral ownership. 2) Review of Title insurance: Please see (Exhibit 1). The only document of mineral rights can be found in Exception B, Part II, exception 8, and previously submitted. This document is from 1899 with no subsequent documents or claims found in the county records. I hope this address’s the additional documents and research requests. Please feel free to contact me with any questions: Brad Larson, Architect Brad.lda@comcast.net 970.923.3333 Land Title Guarantee Company Customer Distribution PREVENT FRAUD - Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. Order Number:BAR64005030 Date: 05/13/2022 Property Address:69 WEEPING WILLOW LN, CARBONDALE, CO 81623 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance For Title Assistance Land Title Roaring Fork Valley Title Team 200 BASALT CENTER CIRCLE BASALT, CO 81621 PO BOX 3440 (970) 927-0405 (Work) (970) 925-0610 (Work Fax) valleyresponse@ltgc.com Seller/Owner MATTHEW SCOTT FADDEN Delivered via: No Commitment Delivery LARSON & DESIGN ASSOCIATES Attention: BRAD LARSON 227 LONGHORN LN Basalt, CO 81621 (970) 927-3333 (Work) BRAD.LDA@COMCAST.NET Delivered via: Electronic Mail Land Title Guarantee Company Estimate of Title Fees Order Number:BAR64005030 Date: 05/13/2022 Property Address:69 WEEPING WILLOW LN, CARBONDALE, CO 81623 Parties:TO BE DETERMINED MATTHEW SCOTT FADDEN AND JULIE ANNE FADDEN Visit Land Title's Website at www.ltgc.com for directions to any of our offices. Estimate of Title insurance Fees "TBD" Commitment $265.00 Total $265.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property. Chain of Title Documents: Garfield county recorded 09/15/2020 under reception no. 941984 Garfield county recorded 09/15/2020 under reception no. 941985 Plat Map(s): Garfield county recorded 05/23/2002 under reception no. 603992 Land]t le' Copyright 2006-2022 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Property Address: 69 WEEPING WILLOW LN, CARBONDALE, CO 81623 1.Effective Date: 04/22/2022 at 5:00 P.M. 2.Policy to be Issued and Proposed Insured: "TBD" Commitment Proposed Insured: TO BE DETERMINED $0.00 3.The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4.Title to the estate or interest covered herein is at the effective date hereof vested in: MATTHEW SCOTT FADDEN AND JULIE ANNE FADDEN 5.The Land referred to in this Commitment is described as follows: LOT 9 ROARING FORK PRESERVE ACCORDING TO THE PLAT THEREOF FILED MAY 23, 2002, AT RECEPTION NO. 603992. COUNTY OF GARFIELD STATE OF COLORADO ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:BAR64005030 AMERICAN LA D TITLE A SOCIATION ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: BAR64005030 All of the following Requirements must be met: This 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. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. 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 COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and 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 of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8.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 CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 01, 1899 IN BOOK 12 AT PAGE 511. 9.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 60 RECORDED AUGUST 21, 2001 IN BOOK 1279 AT PAGE 57. 10.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF ROARING FORK PRESERVE RECORDED MAY 23, 2002 UNDER RECEPTION NO. 603992. 11.RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED MAY 31, 2002, UNDER RECEPTION NO. 604486, AND FIRST AMENDMENT RECORDED IN INSTRUMENT RECORDED AUGUST 8, 2006 UNDER RECEPTION NO. 703981. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: BAR64005030 12.TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS RIGHT OF WAY RECORDED OCTOBER 17, 2002 IN BOOK 1396 AT PAGE 502. 13.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED NOVEMBER 04, 2002 IN BOOK 1403 AT PAGE 120. 14.MATTERS DISCLOSED ON IMPROVEMENT SURVEY PLAT PREPARED BY TRUE NORTH, CERTIFIED AUGUST 29, 2020, JOB NO. 2019-324, SAID DOCUMENT STORED AS OUR IMAGE 26879658 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: BAR64005030 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: Note: Effective September 1, 1997, CRS 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, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. The Subject real property may be located in a special taxing district.(A) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (B) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. (C) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (A) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (B) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. (C) The Company must receive payment of the appropriate premium.(D) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. (E) Land]t le' Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. Note: Pursuant to CRS 10-1-11(4)(a)(1), Colorado notaries may remotely notarize real estate deeds and other documents using real-time audio-video communication technology. You may choose not to use remote notarization for any document. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (A) That such mineral estate may include the right to enter and use the property without the surface owner's permission. (B) JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to your non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and The public records maintained by governmental entities that we obtain either directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We may share your Personal Information with affiliated contractors or service providers who provide services in the course of our business, but only to the extent necessary for these providers to perform their services and to provide these services to you as may be required by your transaction. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT STATED ABOVE OR PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Land]t le' • • • • • • • • • Commitment For Title Insurance Issued by Old Republic National Title Insurance Company NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. . COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY i. comply with the Schedule B, Part I—Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (b) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (d) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (f) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (g) “Title”: The estate or interest described in Schedule A.(h) the Notice;(a) the Commitment to Issue Policy;(b) the Commitment Conditions;(c) Schedule A;(d) Schedule B, Part I—Requirements; and(e) Schedule B, Part II—Exceptions; and(f) a counter-signature by the Company or its issuing agent that may be in electronic form.(g) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (a) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (b) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (c) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (d) The Company shall not be liable for the content of the Transaction Identification Data, if any.(e) I _I I 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Craig B. Rants, Senior Vice President This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II —Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (f) In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (c) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (d) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f) OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South, Minneapolis, Minnesota 55401 (612)311-1111 By President Attest Secretary I I I I I I MINERAL RIGHTS I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I DEC. 8. 2000 4: 07pr1 EHG: 97~ 963-0335 I.AW o,.,.,ca;a RO a ER T a. E M E RS O N . P . C. December 8, 2000 V1A PACSIMU,E IQ 945-4066 Mr. Ron Uston Land Design Parmership 918 Cooper Avenue Glenwood Springs, CO 81601 N •QI.ITM ,,..IN;) STl'all:'T' C,A.IIUIONCAl.11: c01.o,u.::::io e1e:a:a Re: Roaring Fork Pres~e preliminary plan application Dear Ron: NO.e47 ?. 1/4 Thank you for sending me a copy of Mark Bean's letter of Decemb er 4, 2000. Based on my review of the title insurance policy for this property (a copy o f which is enclosed), there are no current mineral rights owners or lessees daimin g an interest in this property. The only mineral reservation is that contained in che United States patent for the property, recorded June 1, 1899 in Book 12 at Page 511 of the Garfield County records . There are no subsequent individual mineral rights owners or lessees. Therefore, I do not believe that notice ls required to any one under stare law. My understanding was that you were going to provide me with a packet containing the subdivision application and related documents. I would appreciate it if you could do so ln the near future. If you have any questions, please let me know. RB5/rjj Enclosure cG Garfield County CERTIFICATIOl\" OF :ML\""E:R..\.L O\V~ER 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 applj,es for an application for development from a local government. As such, the landov,mer must research the current O\Vners of mineral interests for the property. \ The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4-101(E)(1)(b}(4) requ ires written notice to owners of mineral interests in the subject property in accordance v11ith 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 1,,vith 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 _ Minerals are owned by the parties listed below The names and addresses of any and all mineral owners identified are provided belov,., {attach additional pages as necessary): Name of Mineral Owner Mailing Address of Mineral Owner I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and l am in compliance with said statue and the LUDC. Applicant's Signature Date Roarking Fork Preserve Architectural Review / Design Review Committee New Home Design Submittal Review Lot 9 Julie & Matt Fadden 8/25/2021 Electonic/PDF Yes No Comment Did the submittal include the following? xSite Plan (no less than 1/16"=1')2.6.1 x Floor Plans (no less than 1/8"=1')2.6.2 xElevations with Building Height Indicated 2.6.2 xIs there an indication exterior color?2.6.4 x Roof Plans (no less than 1/8"=1')2.6.2 Yes No Comment Site Plan Specific Elements NA 100' Year Flood Identification 2.6.3 xLocation of Septic/Leach Field xLocation of Easements, etc.2.6.1 xLocation of waterways, ditch, ponds, etc. x Identification of Driveway Materials 2.6.1 xSee variance below Indication of Property lines and building envelopes 2.6.1 Yes No Comment Criteria for Approval per the Design Guidelines xThis submittal is NOT materially detrimental to the appearance of the subdivision as a whole?2.4.1 x Will the submittal be in geneal harmony with the other improvements in the Subdivision?2.4.2 xThis submittal will NOT materially detract from the natural beauty and attractiveness of the subdivision?2.4.3 xThis submittal will NOT affect any part of the drainage plan for the Subdivision? 2.4.4 xDoes the submittal meet all of the design review criteria as follows? 2.4.5 Yes No Comment Does the Submittal include materials permitted by the subdivision? 3.1 x Roofs (Concrete Tiles, Non‐reflective Metal (subject to approval), Arch. Asphalt, Wood shake/shingles) 3.1.1 xExterior Walls (Brick, stone, stucco, wood siding/shingles/timber, rusted metal (variance) 3.1.2 xDoes the submittal meet the approved color palette of the subdivision (harmonize, earthy, white) 3.2/CCR7. x Electronically Have colors been submitted physically or electronically? 3.2 Yes No Comment Criteria Per the Covenants Conditions and Restrictions xDoes the submittal include a pond?CCR 3.7 Does the submittal meet the specific requirements for buildings?CCR7.3 x 4,480 SF Heated Is the primary residence greater than 3,000 SF, but less than 7,000 SF ? CCR7.3 x 27'10 at highest point Does the height of the building meet the HOA standard (was 25' above natural, now 32'‐33' to peak and 25' for flat) CCR7.3 x 4,162 SF Does the submittal include (1) non‐residential building (up to 4,500 SF total) such as a barn? CCR7.3 xDoes the application include an ADU (only permitted on Lots (5, 7, 8 and 2 (formerly 6)), max SF of 1,500 SF CCR7.3 Variances/Comments/Conditions of Approval: 2. CONDITION‐1: The DRC has not historically approved berms as indicated on the plans, all non‐septic field specific berms over 18" from natural grade are not approved. Respectfully, Travis Stewart, Board Member 3. CONDITION‐2: The pond and all ditch/water work must be reviewed and approved by all affected parties and authorities including augmentation. A final design and agreements must be provided to the DRC before construction of the pond takes place. 4. CONDITION‐3: Per RFP Ccvenants, Conditions and Restrictions Section 6.1, All residences shall include individual fire protection sprinklers per NFPA 13D, National FIre Protection Association. Lot # / Address: Applicant Name: Date of Submittal: Submittal Type: Physical/Electronic 1. VARIANCE‐1:Applicant is requesting a building envelope adjustment, the requested variance appears to allow for the retention of existing cottonwoods. The DRC find that this should be considered for approval by the Association. It is the responsibilty and at the sole cost of the lot owner to prepare all necessary materials and submitta to Garfield County. APPROVED 09/22/21 BY DRC Per Conditions Listed. The Roaring Fork Preserve Architectural Review Comm ittee (ARC) approves the build ing and/or improvements li sted and identified on the attached signed ARC App l icat ion submitted by you, the homeowner. Th is approva l is based upon meeting the criteria outl i ned in the Roaring For k Preserve CC&R 's, w ith regard to conformity of selected build ing materials , continuity w ith ex isting structures, and natura l (landscape) surround i ngs . This approval letter does NOT expressly i mply any written warranty with regard to architectura l design , structural integrity, and conformity to building code s, environmental impact or clean water assessment . These items are the sole responsibility of the owner and the Authority Hav i ng Jurisdiction (AHJ). Any expenses with regard to compliance or corrective action w ill be the responsibil ity of the homeowner. I I I I I I WETLANDS REPORT I I I I I I I I I I I I I I I I I I I I I I I I I I I I I REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS 1325 J STREET SACRAMENTO, CALIFORNIA 95814-2922 January 16, 2001 Regulacory Branch (20007 5477 ) Mr. Dave McMorris Roaring Fork Preserve, LLC Post Office Box 1360 Basalt, Colorado 81621 DeaL Mr . McMorris: I am responding to your request, submitted by Beach Environmental, LLC for a Department of the Army permit to construct an access road crossing of wetlands loca ted at the Roaring Fork Preserve. The crossing involves a 24-inch culvert located between lots 6 and 7 and is located approximately one mile east of Carbondale between the Roaring Fork River and County Road 100 within the NW 1/4 of Section 36, Township 7 South, Range 88 Wes t, Garfield County, Colorado. The Chief of Engineers has issued nationwide general permit number 14 which authorizes the discharge of dredged or fill material in waters of the United States for minor road crossings. We have determined that your project will not affect threatened or endangered species protected by the Endangered Spec i es Act. Your project can be constructed under this authority provided the work meets the conditions listed on the enclosed information sheets. We also understand that existing wetlands (roadside ditches) and vegetative buffers (along the Roaring Fork River) will be preserved and maintained through fencing and other protective designations . You must send a signed letter of certification to the Corps of Engineers within 30 days a ·fter completion of the work (see general condition number 14). A copy of the certification statement is included for your use. This verification is valid unti l January 16, 2003. If you have not completed your project by that time, you should contact the Corps of Engineers to obtain information on any changes which may have occurred to the nationwide permits. You are responsible for remaining informed of such changes and for ensuring that all contract personnel are familiar with the terms and conditions of this permit. I I I I I I I I I -2- We have assigned number 200075477 to your project. Please refer to this number in any correspondence with this office. If you have any questions, please contact me at telephone number (970) 243-1199, extension 16. Enclosures Sincerely, Susan Bachini Nall Environmental Engineer Northwestern Colorado Regulatory Office 402 Rood Avenue , Room 142 Grand Junction, Colorado 81501-2563 I Copies Furnished: / j/'Ms. Jorine Lawyer, Beach Environmental, LLC , 715 West Main, Suite I I I I I I I I I 304, Aspen, Colorado 81611 Mr. Mark Bean , Garfield County, 109 8th Street, Suite 303, Glenwood Springs, Colorado 81601 I I I I I I I I I I I I I I I I I I I Beach Environmental. LLC Roaring Fork Preserve Subdivision Wetlands Identificatio n and Delineation Ronald Liston Land Design Partnership 918 Cooper Ave. Glenwood Springs, CO 81601 Project No.: 0256 Dear Ron: September 19 , 2000 Beach Environmental, LLC was retained to complete an identification of wetland areas upon the property known as The Roaring Fork Preserve Subdivision. This 90-acre parcel was visually inspected by staff of Beach Environmental over a period of severa l days to identify on-site wetlands and any potential impacts the proposed roads and building envelopes may have on wet lands. The findings and conclusions of our work have been included as an attachment to thi s letter. In accordance with accepted practice, hydrology, vegetation, and soils were examined to identify areas qualifying as jurisdictional wetlands. The on-site field reconnaissance indicates wetlands exist within the 90-acre parcel and within several of the proposed building envelopes. These areas have been identified on the attached mapping and with the exception of the proposed main access road traversing the property, no impacts to jurisdictional wetlands with.in building envelopes need occur. The main access drive to the subdivision will cross a jurisdictional wetland and consequently, a U.S. Army Corps of Engineers permit will be required. We have provided a wetland map outlining these areas for your convenience. 71 SW. M~on Su1le 304 Please call with any questions you may have. A spen. (081611 Tel (970) 925•}475 Fax 925·4 754 Sincerely, By G~rincipaJ By >-~ ~ Jorine K. Lawyer, MESM ./ I I I I I I I I I I I I I I I I I I I Project Location & Description The Roaring Fork Preserve is located on the north s id e of County Road 100, 1.5 miles east of Carbondale. in Garfield Count y, Colorado. The subd ivisio n is 90.03 acres in total and is proposed for a nine-lot s plit. Lot sizes range from approximately 5 to 16 acres. Wetland Classification Jurisdictional wetlands were found to exist in and adjacent to the Slough Ditch and Banning Lateral irrigation system as it crosses the Roaring Fork Preserve property. In certain areas, the influence of this ditch on the native soils and vegetation is significant. In other areas, the influence is limited to the ditch course alone. A comprehensive evaluation of hydro logic, vegetative and soils conditions were completed using methods prescribed and accepted by the U.S. Army Corps of Engineers. Soil bores and pits were completed for a distance of 35 feet from the proposed centerline crossing of the ditch by the main access drive to the subdivision. The soil pits and subsequent analysis of the existing vegetation and hydro logic conditions support a finding that this area (see attached mapping) is a protected jurisdictional wetlands. In addition, several small ditch laterals crossing the p roperty and several small pothole depressions support hydrophytic vegetative communities which may qualify as jurisdictional. A complete delineation of these areas was not completed since they constitute small isolated areas within large building envelopes. These areas have been identified in the boundary map and while not impacted by the development proposal they should be protected from construction activities. Moreover, since all wetlands provide numerous environmental functions and create ecological value, it is recommended that disturbances in the immediate vicinity of these identified willow, sedge and rush communities be minimized. Wetland Function & Values Wetlands have been traditionally valued for their wildlife habitat and riparian attributes and have been described metaphorically as the "kidneys of the landscape." Vegetation within and adjacent to wetland areas are known to absorb deleterious nutrients such as nitrate, and via denitrification, converts nitrate into benign nitrogen gas. This biochemical process helps to eliminate nitrates into our waters thus increasing overall water quality. The wetland communities, for the most part on the Roaring Fork Preserve, are made up of grasses and grass like vegetation which function as filters for agricultural runoff in the area. They are in topographic low spots adjacent to the irrigation ditches. A small pothole willow community exists on the eastern property boundary along the ditch lateral crossing Lot 5. This community provides habitat and shelter for a variety of small mammals and bird species including Dusky Flycatcher, MacGillivray's Warbler, Wilson's Warbler, Fox Sparrow, Lincoln's Sparrow, and White-crowned Sparrow. The preservation of these wetland communities is highly recommended. Beach Environmental. LLC Roaring Fork Preserve -Wetland Identification 2 I I I I I I I I I I I I I I I I I I I Wetland Assessment ,1ain .-\ccess Road The main access road from County Road I 00 enters the Roaring Fork Preserve from the South and travels northward for approximately l 000 feet where a secondary drive branches eastward for approximately l 000 feet and terminates into a cul-de-sac. The main stem continues northward for approximately 600 feet and terminates upon the northern property boundary. The road crosses a series of irrigation ditches along its path. The only crossing supporting wetlands is located approximately 650 feet from the southern entrance across the Slough Ditch and Banning Lateral irrigation ditch. Wetland boundaries were delineated and are clearly marked on the enclosed boundary map. (See photo exhibit Fig. l & 2). Finding and Recommendation: The proposed road crossing at the Slough Ditch and Banning Lateral will impact jurisdictional wetlands unless it is spanned by a bridge approximating 75 feet in length. As a jurisdictional wetlands. no dredged or fill mate rial may be placed within the wetlands without prior permitting and approval by the U.S. Army Corps of Engineers. If it is determined that a culverted bridge structure is to be used a permit application will be required. Lot 1 Lot l is 5.30 acres and located in the northeast of the Roaring Fork Preserve. Dominant vegetative species on this lot include narrowleaf cottonwood, Bebbs willow, Canada and bull thistle, wild wood rose, Colorado bluestern, pasture grasses, Russian olive, sage, juniper and Ponderosa Pine. A two foot wide irrigation ditch traverse Lots l and 2 from east to west and widens at an agricultural road crossing. Grass wetland species, such as beaked sedge, Colorado juncus, and bull rush are present in and immediately adjacent to this ditch. Because the ditch is not in the building envelope, no delineation was undertaken and the Sketch Plan does not propose to disturb this area (See photo exluoit Fig. 3 & 4 and boundary map for details). Findings and Recommendation: No wetlands were located within the proposed building envelope. The wetland vegetation along the small ditch provides important cover for small animals and if possible should not be disturbed. Beach Environmental LLC Roaring Fork Preserve -Wetland Identification 3 I I I I I I I I I I I I I I I I I I I Lot 2 Lot 2 is 5.95 acres and located in the northeast comer of the Roaring Fork Preserve. Dominant vegetative species o n this lot include narrowleaf cottonwood, Bebbs willow, Co lorado blues tem, pasture grasses, wild rose. sage, juniper. and cacti. A 2 foot irrigat ion ditch runs t hro ugh Lots l and 2 wes tward . Grass wetland species, s uch as sedge, juncus, and rush are present in this area. Because this ditch is not in the building envelope, no de lineation was und e rtaken but the d itch has been included in the attached mapping. (See photo exhibit Fig. 3 & 4 and boundary map for details). Findings and Recommendation: No wetlands exist within the building envelope. A willow carr habita t exists on both sides of the ditch to a distance of approximately 3 feet from the center of the ditch. This small ditch and the vegetation supported by it are also important to small mammals and birds and if possible s hould not be disturbed. Lot3 Lot 3 is 5.38 acres and is located in the eastern portion of the Roaring Fork Preserve Subdivision. Dominant vegetative species on this lot include Bebbs willow, Colorado bluestem, Canada and bull thistle, numerous p asture grasses and alfalfa. No wetland communities were noted during field inspection of this lot. Finding and Recommendation: There are no wetland areas on this lot. No reco mmendation necessary. Lot4 Lot 4 is 7.59 acres and is located in the center of the Roaring Fork Preserve. Dominant vegetative species on this lot include pasture grasses, juniper, narrowleaf cottonwood, willow, and sage. No wetland communities were noted during field inspection of this lot. Finding and Recommendation There are no wetland areas on this lot. No recommendation necessary. Lot5 Lot 5 is 10.01 acres and located in the southeast portion of the Roaring Fork Preserve. Dominant vegetative species on this lot include pasture grasses, Englemann and Colorado Beach Environmental. LLC Roaring Fork Preserve -Wetland Identification 4 I I I I I I I I I I I I I I I I I I I blue spruce, Rocky Mountain willow. sage, choke cherry, and sumac. The building envelope for lot 5 is traversed by a 2-foot wide irrigation ditch. The vegeta tive community in and adjacent to this ditch extends approximately 5.5 feet on either side and widens to approximately 20 feet in one section. The Slough and Banning irrigation ditch runs through the southern part of the lot and has been classified as a jurisdictional wetland. (See boundary map of details). A stand of willows is also present on lot 5 on the eastern lo t boundary. This willow carr habitat extends approximately 115 feet along the fence line . (See photo exhibit Fig. 5 & 6 for details). Finding and Recommendation: This lot supports numerous obligate and facultative vegetation communities, one of which lies inside the building envelope. It is clear that areas in and adjacent to the Slough and Banning Ditch are jurisdictional wetlands but it is not within the proposed building envelope. As the smaller ditch moves across the building envelope there are small areas in and adjacent to the ditch which also constitute wetlands. These areas should be re-staked prior to construction in order to eliminate the possibility of impact. There is sufficient land area within the envelope to preclude impacts to these wetland areas. Lot6 Lot 6 is 9.91 acres and is located in the south-east center of the Roaring Fork Preserve. Dominant vegetative species on this lot include pasture grasses, quaking aspen, narrowleaf cottonwood, sage, willow, wild rose, and sumac. The building envelope is bordered by two irrigation ditches on the north and south. Wetlands appurtenant to the Slough and Banning Ditch traverse the southern edge of the building envelope. Construction activities must not impact these wetland areas (See boundary map for details). Findings and Recommendation: Wetlands exist on Lot 6 and at the southern edge of the building envelope. The wetlands on lot 6 can and should be avoided by constructing all buildings and infrastructure away from wetland areas. If possible, the building envelope should be reduced to eliminate any impact to wetland areas at the southern boundary of the envelope. Lot 7 Lot 7 is 13.13 acres and is located in the south-west center of the Roaring Fork Preserve. Dominant vegetative species pasture grasses, include narrowleaf cottonwood, Colorado bluestem, and sumac. Two irrigation ditches pass within the building envelope. Both ditches support wetland vegetation. (See photo exhibit Fig. 7 for details). Wetland Beach Environmental. LLC Roaring Fork Preserve -Wetland ldentification 5 I I I I I I I I I I I I I I I I I I I boundaries are illustrated on the enclosed maps. Both these areas constitute jurisdictional wetlands. A one-foot wide irrigation ditch runs through the southern portion of this lot. There are no wetlands associated with this ditch. Findings and Recommendation: The building envelope for this lot is traversed by two irrigation ditches which support jurisdictional wetlands. Due to the size of this building envelope, wetlands can and should be avoided. Moving the envelope southward on the lot would avoid all wetlands but if this cannot be accomplished, a s taking of the wetlands should be completed and no impacts to these areas should be allowed. If impacts are required, a 404 permit from the U.S. Army Corps of Engineers will be required. Lot8 Lot 8 includes 12.84 acres and is located in the south-west portion of the Roaring Fork Preserve. The lot primarily is an irrigated hay field dominated by grasses such as fescue, junegrass, wheatgrass, redtop, timothy, and brome. These grasses are among the pasture grasses found on all other lots. The Slough and Banning Ditch runs through the middle of the lot skirting the southern building envelope boundary and supports a jurisdictional wetland community. A I-foot irrigation ditch bisects the building e nvelope and the southern end of the lot, but there are no wetlands associated with this ditch. (See wetland boundary map for details). Findings and Recommendation: The building envelope for Lot 8 could be reduced slightly in size to avoid all wetland areas at the southern edge of the building envelope. Lot 9 Lot 9 is the largest lot comprising 16.07 acres in the northwest portion of the Roaring Fork Preserve. It is primarily an irrigated hay field dominated by grasses such as fescue, junegrass, wheatgrass, redtop, timothy, and brome. A 1-foot irrigation ditch skirts the northern boundary of the building envelope, but there are no wetlands appurtenant to this ditch. Finding and Recommendation: There are no wetlands on this lot. No recommendation necessary. Beach Environmental LLC Roaring Fork Preserve -Wetland Identification 6 I I I I I I I I I I I I I I I I I I I Fig I: Cl use up or jur i sdicti o nal \Ve t land~ ()11 \tlain . ..\~cess Road. Fi g 2: Ex tend ed V i ew o f Jurisdi c t ional W et lands w ithi n Main Access R oa d. (Note: Gree n F lags r ep rese nt W etl and B o undary) 13E . ..\C H E:-JV IRON\ilENTA L, LLC 715 \Vc .,t \bin Street. S uite 304 .-\:-.pe n. Culur:1th> X 16 1 1 PIHl tograph ic Ex hibi t Roaring Fo rk Prese rve We tlands Ide nt ificati o n I I I I I I I I I I I I I I I I I I I ' . •. ,,t ~ ··,:·• ., .,.f . 'I :f \,i ') •= .. \' ' •~it ~ . •r • J,k""iftcl~',f. • <\ II <, • f I ~(f,~••~~~f ; 1')1;.· ·,lilt'~ ·ih, ,~,~~ . ·.~.;~; "N,£l~t-<1r;'!,,.; ·I ,11 ~ ... "'.~~~J~'<(:, ',i • ,, " . ~l r." ~ .~ ~ 1•· '•' , • ~ .. i,. -~'~· -'t , . ··):~, i:1,~,'t•·:tt.-< ·, '11~: ' ,• I ~ I 11'•,' \~~-1~~1 Ql;l ·· '.:i IY,\11~ l. l1f:~t il,f/~ ·· ·~~. . ~-~s· ~~-.. -;it -.;:.:.~ ... .£ : -···. - , . . ., ·. :-·: :...-....~~ -.,;,, ~.ii.:.:-· ? ~::::---~ ... I /:~';f_:\~~~ ,~ ... ,::].;~fli~:b•aJ!•._~) ... :t'!fie.- f .·., ~'-,.►"-_ I _..,...;:~· ............ . Ul:.-\C I I 1:\'\.l l{().\i\l I:::\T.-\L . LI_C -1.~ \\,.>; \b111 Sl11.·c1 . S u11 1.· _;ll-1 \~1,1.·11. l 11 1,,r:1d11 ,'I !<ii I I'll , ,t ,,:,:r.q1ili..: Exh ib it 1{11:m 11:,: h ,r!--J>rc s l!rve \\ ...:tl:111-h ldc11 11 (icali o n I I I I I I I I I I I I I I I I I I I Fig 5 : Will n ,, P;1tch o n Sou the as t Corner o f Prop erty . ( Lot 5) BEACH ENVIRONMENTAL. LLC 7 15 We st \.lain St r~el. Suite J()4 Aspen. Cllll)rado Xl6 1 l Photographic Exhibit Rnar ing Fo rk Preserve W etl..inds Iden ti Ii cation I I I I I I I I I I I I I I I I I I I Fig 6: Wetlands along Ditch t hrough Bui lding Envelope on Lo t 5 . BEACH ENYlROl\:VIE NTAL LLC 715 West Main Street, Suite 304 Aspen, Colorado 8 161 I Ph o tographic Exhibit Roaring Fork Preserve Wetlands Identification I I I I I I I I I I I I I I I I I I I F ig. 7: Wetlands a l1 rng Ditch th rough Building Envel o pe on Lot 7. BEACH ENV IRON MENTAL LLC 7 15 W.:s1 \tl ain St rce l. Su iie 304 Aspen, Cu lnradl) 8161 l Photographic Exhibit Roaring Fork Preserve Wetlands Identification I I I I I I I I I I I I I I I I I I I 40C ~ ' ~' ~ANCH AT ROARING ORK , open space ~ /~ BLD~ . ~) 1 :1 fNVE~ -_ l JOANN MAN Jlture ,L E EU BANK ht in dustri a l D D J