HomeMy WebLinkAbout1.00 General Application MaterialsWaldo-Harris Amended Final Plat Application
Submitted: June 1, 2022
prepared by
(970) 618-4708 | davis@coloradoplanning.com
P.O. Box 411 | Carbondale, CO 81623
on behalf of
Susan Waldo-Harris
(970) 618-7738 | susanwharris79@gmail.com
323 County Road 104 | Carbondale, CO 81623
4 Western Slope dlll ... Consulting, LLC
Land Use I Zoning I Community Planning & Design
2 | P a g e
TABLE OF CONTENTS
Page
Final Plat Amendment Application
Application Cover Letter 3
Project Description 4
Applicant and Consultant Information 4
Application Form 5
Pre-Application Conference Summary. 7
Payment Agreement Form 11
Response to NTC Letter 12
Letter of Authorization 14
Ownership 15
Title Commitment 16
Mineral Rights Ownership for the Subject Property 30
Owners of Record within 200-feet of the Subject Property 33
Vicinity Map 34
Response to Key Topics in Pre-Application Report 35
Amended Final Plat 35
Compliance with Article 7 35
EXHIBITS
Exhibit A – Amended Final Plat 36
Exhibit B – New Legal Descriptions 37
3 | P a g e
Application Cover Letter June 1, 2022 Mr. Glenn Hartmann Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Mr. Hartmann:
Western Slope Consulting, LLC pleased to submit this application for an Amended Final Plat on
behalf of Susan Waldo-Harris the property owner.
The property for this application is generally located approximately 2.3 miles-miles northeast of
the Town of Carbondale.
The purpose of this application is to make the two parcels closer in size, although not equal, for
purposes of a future conveyance to Ms. Waldo-Harris’ two sons. The resultant parcel shown on
the attached proposed Amended Final Plat.
This application conforms to the requirements for an Amended Plat set forth in the Garfield County
Land Use and Development Code as an Administrative Action. The proposed development is
consistent and compatible with surrounding land uses and is compliant with the Garfield County
Comprehensive Plan.
I look forward to reviewing these materials with the County at the earliest convenience. If you
have any questions, you may contact me at (970) 618-4708 or davis@coloradoplanning.com.
Sincerely,
Principal | Western Slope Consulting, LLC r
4 | P a g e
Project Description
The purpose of this application is to adjust the size of the two existing parcels to make them
similar in size, although not equal, for future conveyance to Ms. Waldo-Harris’ two sons.
Existing Tract A is 2.578-acres and will be reconfigured to 4.13-acres. Existing Tract B is 7.061-
acres and will be reconfigured to 5.509-acres.
Applicant and Consultant Information
Property Owner/Applicant
Susan Waldo-Harris
323 County Road 104
Carbondale, Colorado 81623
(970) 618-7738
susanwharris79@gmail.com
Attorney
Planner/Authorized
Representative
Davis Farrar | Western Slope Consulting, LLC
P.O. Box 411
Carbondale, Colorado 81623
(970) 618-4708
davis@coloradplanning.com
Project Land Surveyor
Jason Neil | Peak Surveying, Inc.
PO Box 1746
Rifle, Colorado 81650
(970) 625-1954
jason@peaksurveyinginc.com
5 | P a g e
Application Form
Garfield County
Community Development Department
108 Su, Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfi eld-county.com
----DIVISIONS Of LAND -
. · -APPUCATION· FORM -
TY~E OF ~SUBDIVISION/EXEMPTION ,. ..... \i .. -... ·::_:w.
I • 1 Minor Subdiv ision D Pre liminary Plan Amendment
,:,. D Major Subdivision m Final Plat Amendment ________ _
D Sketch0Preliminary0Final i::::::rcommon Interest Commun ity Subd ivision
D Conservat ion Subd ivis ion D Public/County.Road Spl it Exemption
] Yield Osketch L]Preliminary0Final D Rural Land Development Exemption .,
D Time Extens ion ·-·-D Bas ic Correction Exemption -·
INVOLVED PARTIES ·:(-~-/.:~_,) ~~ ,t:?'--:,r~:
Owner/ Applicant
Name: Susan Harris Phone: ( 970 l 618-7738
Mailing Address : 323 County Road 104
City: Carbondale State:~ Zip Code: 81623
E-mail : susanwharris79@gmail.com
Representative (Authorization Required)
Name : Phone :( __ )
Mailing Address :
City: State: ___ Zip Code:
E-mail :
PROfEtnilAME AND LOCATION ·,• .... . ,~···· .... .,., ,, .. ,. ·-{1•.'1!' ... ·. -/: . '.-. ·-· ~-... -., ·--~----
Project Name:
319 & 323 County Road 104
Assessor's Parcel Number : L ..L ~ ~ -_g_ _§_ .£ -__Q_..Q__ -__g___9._·_i_
Physical/Street Address: 319 & 323 County Road 104 .. .. _,
Legal Description: 319: Section 25 , Township 7 , Range 88 TR IN LOT 2
323: Section 25, Township 7, Range 88 TR IN LOT 2 & NENW CONT 7 .06 AC
zone District: Rural Property Size (acres): 9 .64 (3 .10+6.54)
6 | P a g e
Existing Use: Two each adjacent properties (319 end 323), residential dwelling units, end ea:ossory bu lldir.gs .
Proposed Use (From Use Table 3-403): Residential, Household Living, Dwelling, 2 Unit
Description of Project : C hanging e>dsling property line between 323 and 319 In order to provide more equal lot sizes.
Additionally, possi_b)e identiflcelion of en oasement for ecc:ess to the existing houses oo the two properties (both pascals ere under the same ownership).
Please relerence pre-application conference summary for additional details.
Proposed ·Develofiment-'Area':,,, · •·
Land Use Type # of Lots
Single Family
Duplex
Multi-Family
Commercial
Industrial
Open Space
Other
Total
REQUEST FOR WAIVERS --
Submission Requirements
#of Units Acreage Parking
D The App lic ant requesting a Wa iver of Subm issi on Requirements per Section 4 -202 . List :
Section: · Section: ______________ _
Section: ______________ Section: ______________ _
'--------------------------------------------1
Waiver of Standards
D The Applicant is requesting a Wa iver 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 ~d -a,curate to the best of my knowledge.
~l(Jtl,,{Uft/4-!I~ 2ui2.J
Signature of Property owner or Authorized Representative, Title Date
.
_ ..... ·,.::1·<;;-,,_.,.,,c,,.
·---------------------·------------------------
Fee Paid:$
OFFICIAL ·USE ONLY
FileNumber: _______ _
7 | P a g e
Pre-Application Conference Summary
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garficld -county.com
=TAX PARCEL NUMBER: 2393-252-00-204
PROJECT: Amended Plat to adjust lot line boundaries
OWNERS: Susan Waldo-Harris
SURVEYOR: Peak Surveying
DATE: 2/3/2021
PRACTICAL LOCATION: 319 and 323 County Road 104, Carbondale, CO 81623
TYPE OF APPLICATION: Amended Final Plat
ZONING: Rural
COMPREHENSIVE PLAN DESIGNATION: Residential Low (l0+acres/dwelling unit)
I. GENERAL PROJECT DESCRIPTION
The Applicant plans to request approval to adjust the lot lines between two adjacent
properties. Both parcels are improved with single-family residences and accessory buildings.
The parcels were created through the Harris Exemption (Resolution 80-150) and appear to
have completed multiple Boundary Line Adjustments prior to the current lot configuration. As
part of the Final Plat Amendment, the applicant needs to consider Garfield County Setback
requirements in the Rural zone district -25' Front and Rear Yard Setback -10' Side Yard
Setback. It also appears that the applicant may need to identify an easement for access to the
existing houses on the two properties.
II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS
The following Sections of the Garfield Land Use .and Development Code as amended apply to
the proposed Application: ·
► Section 5-305 -Amended Final Plat Review and Review Criteria
► Table 5-103 Common Review Procedures and Require d Notice
► Table 5-401 Submittal Requirements
8 | P a g e
► Section 5-402 Description of Submittal Requirements including requirements for a
Final Plat
► Section 4-103 Administrative Review and Section 4-101 Common Review Procedures
► Article 7, Divisions 1, 2, 3, and 4 as may be applicable
III. -SUBMITIAL REQUIREMBNTS
As a convenience, outlined below is a list of information typically required for this type of
application. The listing can function as a checklist for your submittal.
o General Application Materials
~ Completed application form, signed by the property owners.
,ai Completed payment agreement form .
• Deeds for both properties
, Title Commitments for both properties
~ Names and mailing addresses of property owners within 200 ft . of the property.
~ o Mineral rights ownership for the subject property including mailing address (see
attached memo) and signed Certification ofMinera_l Ownership Research form.
• A narrative describing the request and related information. The request should
include the applicanrs proposal and reasoning for adjusting lot lines.
iJJ A f;PPY of this Preapplication _Summary needs to be submitted with the Application.
ll A Vicinity Map showing area within approximately 3 miles .
o If owner intends to have a representative complete the Application and processing, then
an authorization letter is needed .
o The proposed plat showing the existing lot lines, the proposed lot line adjustment,
existing structures on the properties, any other changes affecting the parcel. All
easements need to be shown on the plat. All required certificates need to be included on
the plat.
D Copy of any Covenants for the subdivision exemption if applicable
o The application request should be consistent with all applicable provisions of Article 7
in the LUDC . The Application should include at a minimum, representations or
statements that the amendment will not result in any changes to drainage, access or
utility services.
The Application submittal needs to include 3 hard copies of the entire Application and 1
Digital PDF Copy of the entire Application (on a CD or USB Stick). Both the paper and
digital copies should be split into individual sections. Please refer to the pre-application
summary and Table 5-401 for submittal requirements that are appropriate for your
Application .
9 | P a g e
V. APPLICATION REVIEW
a. Review by:
b. Public Heartng(s):
c. Referral Agencies :
Staff for completeness, recommendation and referral agencies
for additional technical review.
Jl No Public Hearing, Directors Decision (with notice per
code)
_ Planning Commission
_ Board of County Commissioners
_ Board of Adjustment
May include but is not limited to: Garfield County Surveyor,
Garfield County Attorney, Garfield County Building
Department, Aspen Glen Homeowners Association.
VI. APPLICATION REVIEW FEES
a. Planning Review Fees: $ 100.00(additional hours are billed at $40.50/hour)
b. Referral Agency Fees: $ TBD -consulting engineer/ civil engineer fees
c. Total Deposit: $ 100.00 (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 fs 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 Summaa Prepared by:
Patrick Waller, Senior Planner
February 3. 2021
Date
10 | P a g e
Garfield County
Amended Final Plat Review Process
(Section 5-3 05)
•Ap plicant ha s 6 months to submit application
•10 business days to revie w
• If inco mpl ete, 60 days to remedy deficiencies
•Ma\led to adjacent prupc'ft','vwl'""""" ,..i,lil'lih mo-fart ;sr,,d mi!tt'i!114 r.t""f!'!'f'!,
at le ast 15 days prior to d ecisio n date
---
~,.,.,, ~ ""'"'~f;ll! -----~
•21 day comment period
Step 6: Evalution by Director
•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.
11 | P a g e
Payment Agreement Form
Garfield County
PAYMENT AGREEMENT FORM
GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") s.5· k{.5aO vVit (4-l}d-,('n5.
-------------------------------ag ree as fo ll ows:
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 guidel ines 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 appl ication . 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
Appl icant. 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 addit ional County staff time or expense not covered by
the Base Fee . If actual recorded costs exceed the in it ia l Base Fee, the Appl icant 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: Susa(\ WoJdo-J-4.arn 'J Phone : &1..t))(.,;, {l -7738'
Billing Contact Address : 3 2, 5 Cf< I D 'f
City : clH" boAd....ai~ State: co ZipCode: ){I fu 2, ~
Bi ll ing Contact Email : oLASctn w b,o..rr b 7q Ga 9 m d' ; I. ti> 0\
5~ So. n WoJ. clo -l-lar r/.:S
(Signat ure) (Date )
12 | P a g e
Response to NTC Letter
RE: Harris Waldo Amended Final Plat
Dear Susan,
Thank you for submitting your application for a Final Plat Amendment to the Harris Exemption located at
319 and 323 County Road 104, Carbondale, CO 81623. The property is zoned Rural. The Planning
Department has completed a completeness review of your application. Our completeness review included
input from the County Attorney’s Office and has identified several items that need to be addressed prior
to a determination of the application being technical complete. The following items are required to be
addressed for the application to be considered complete and continued to the next review step:
1. Your Adjacent Property Owner list is incomplete. You need to include surrounding owners to both
existing parcels. You are missing Wooden Deer LLC and Jay Riley.
Response - The adjacent property owner list has been updated to include all properties within 200 feet of
the subject property boundaries. The new list was updated March 12, 2022.
2. Your mineral notice is incomplete. While I appreciate the effort that was made to research the records,
your note of “Neither – see attached” is not adequate. As noted in your title report minerals have been
reserved. It is possible that you will need to hire someone to assist you in this research. The County
Attorney is very strict about this requirement.
Response - The Title Commitment prepared by Land Title Guarantee Company identifies the United
States Government as having reserved “the right of the proprietor of a vein or load to extract and remove
his or there from…” As reserved in the United States patent recorded November 27, 1900, in Book 12 at
page 548.
3. The title of the plat needs to be revised to Final Plat Amendment Tracts A and B, Harris Exemption.
This is not a Boundary Line Adjustment.
Response - The title of the plat has been revised.
4. The plat needs to contain the requirements for a final plat including plat notes and certificates as
defined by Section 5-402.F. and the standard County Plat Notes as defined in Resource Guide, Updated
Oct. 15, 2018 pages 15 – 16, except Note Z. Accessory Dwelling Units.
Response - The plat has been updated to include required plat notes and certificates as defined in Section
5-402.F and the other changes requested.
5. The area listed as “Transfer Parcel” is not a separate parcel and should not be labeled as such on the
plat. While shading this area helps to highlight the area that will be affected by the replating of the
property lines, the final mylar of the Amendment should use line type and annotation to distinguish
between the existing lot lines and the proposed new lot lines.
Response - The plat has been updated to reflect this requested modification.
6. The plat needs to be revised to illustrate the difference more clearly between the existing lot lines, those
that will be vacated and the proposed new lost lines with the proposed Amendment. Please add a legend
as necessary.
Response - The plat has been updated to reflect this requested modification.
13 | P a g e
7. Please verify that there is no lienholder/mortgage. If there is a lienholder, that needs to be reflected on
the plat.
Response - A “Lienholder Consent and Subordination” certificate has been added to the plat.
8. Add a plat note that states the purpose of the plat is to adjust the previously platted lot lines and clean
up the prior boundary line adjustments.
Response - A Plat Note #6 has been added in response to this request.
9. Please include the existing driveway in a defined access easement and be sure to include all existing
easement including ditches.
Response - The plat includes a defined easement for the existing driveway serving both tracts and all
existing easements are shown.
10. The Pre-Application raised the concern of compliance to setbacks. It appears there is the possibility of
an existing outbuilding at 319 CR 104 within the setback. Please identify the existing setback to this
building. If this setback is currently noncomplying make note of this being resolved with the proposed lot
lines.
Response - All buildings on the property are outside the required setbacks in the “Rural Zone District”
and the property boundaries on the plat are laid out in compliance with the required setbacks.
11. It appears from the County data base that there is the possibility of the garage at 319 CR 104
containing a secondary dwelling unit and a mobile home at 323 CR 104. Please define the status of these
uses.
Response - The applicant will work with the Garfield County Building Department and Community
Development Department to ensure compliance with the County regulations for accessory dwelling unit.
12. Please identify the water source for both parcels. If it is a shared well, identify it on plat and include
easements and well sharing agreement. If a sewer system is located on the adjacent parcel include in an
easement.
Response - Water source from both parcels comes from a shared spring. Easements for access to the
shared spring showing water service access and facilities to both properties are shown and labeled on the
plat. A well sharing agreement for both parcels is included in this submittal.
NOTE: A staff concern was identified about ensuring that both lots have direct access to County Road
104. The plat shows the access serving Tract A & Tract B with direct frontage by each lot on the county
road right-of-way and/or asphalt road surface as depicted in the southwest corner of the plat and shown
below.
illREBAR &ALUMC
_P J..S..--W>OlilOUND
US H BEARS S86°ll'48"W
---_w·
254-02' DEED)
2S4 .02'
l REBAR & ALUM CAP
P .L.S. #28036 FOUND
FLUSH
14 | P a g e
Letter of Authorization
SUSAN WALDO-HARRIS
Ms . Sheryl Bauer
Garfield County Community Development
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Dear Ms. Bauer:
April 8, 2022
I am the owner of property in Garfield County identified as parcel # 239325200203. I hereby
consent to and authorize the processing of an Amended Final Plat Application with Garfield
County Colorado.
Further, I authorize Davis Farrar of Westem Slope Consulting LLC , Carbondale, Colorado, to
serve as my representative for purposes of processing the land use application before Garfield
County, CO . yf':~~
Susan Waldo-Harris
7747 County Road 100 -Carbondale, Colorado 81623 -970 -963 -4363
15 | P a g e
Ownership -
The property is owned in fee simple by Susan Waldo-Harris as shown in the following Land
Title Commitment.
16 | P a g e
Title Commitment - Land Title Guarantee Company
LandTitle
GUARANT EE COMPANY
WWW .lTGC ,COM
INVOICE
Land Title Guarantee Company
5975 Greenwood Plaza Blvd Suite 125
Greenwood Village, CO 80111
970-945-2610
Reference
SUSAN WALDO-HARRIS
SUSAN WALDO-HARRIS
319 CR 104
Your Reference Number : TBD Commitment -63016761
Our Order Number : GWS -5836
Carbondale, CO 81623
Invoice Number: GWS-5836
Order Number: 63016761
Our Customer Number : 85449.1
Invoic e Requested by : SUSAN WALDO-HARRIS
Invoice (Process) Date: March 08 , 2021
Transaction Invoiced By : Web Services
Email Address : system@ ltgc.co m
Date : March 08 , 202 1
Property Address : 319 & 323 COUNTY ROAD 104 CARBONDALE 81623
Parties : A Buyer To Be Determ ined
Invoice Charges
Service : TBD Commitment
Ref: 63016761
Addr : 319 & 323 COUNTY ROAD 104
Party: SUSAN WALDO -HARRIS
Total Amount Invoiced:
Less Payment(s):
Balance Due:
Due and Payable upon receipt
$217 .00
$217.00
$0.00
$217 .00
Please make check payable to Land Title Guarantee Company and send to the ad dre ss at the top of Page 1.
Plea se reference Invoice Number GWS-5836 on yo ur Payment
Page 1
invoice.odl 14420 07/2015 07/30/13 11:06:43 AM
17 | P a g e
~ Land Title Guarantee Company
Customer Distribution
Land Titl e'
(",U,\IL\STUO'.lMl'AKY
-Si11tt1J67-
A. PREVENT FRAUD -Please remember to call a member of our closing team when
Lil initiating a wire transfer or provi ding wiring i nstructions.
Order Number : GW63016761 Da te : 03/0 8/2021
Property Add ress : 319 & 323 COUNTY ROAD 104 , CARBONDALE, CO 81623
PLEASE CONTACT YOUR CLOSER OR CLOSER 'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS
For Closing Assistance
Seller/Owner
SUSAN WALDO-HA RR IS
Delivered via: Electronic Mail
For Title Assistanc e
Land Ti t le Gart ield County T itle Team
90 1 GRAN D AVEN UE #202
GLE NW OO D SP R INGS , CO 8160 1
(970) 945 -26 10 (Work)
(970) 945 -4784 (Work Fa x)
glenwoodresponse@ltgc.com
18 | P a g e
~
Landlttte·
('olJA RASTU Cl>MMN'Y
-Si«11!)6;
Order Number :
Property Add ress :
Parties:
:TBD" Commi tment
Land Title Guarantee Company
Estimate of Title Fees
GW63016761 Date : 03/0 8/2021
319 & 323 COUNTY ROAD 104, CARBONDALE, CO
81623
A BUYER TO BE DETERMINED
SUSAN WALDO-HARRIS
Visit Land T itle's Website at www ttac.com for directions to any of our offices
Estimate of litle insurance Fees
S217.00
Total $217.00
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 re viewed carefully. These documents, such as covenants
condit ions and restrictions, may affect the title , ownershi p and use of the property. You may wish to engage legal
assistance in order t o fully understand and be aware of t he implications of t he eff ec t of these documents on your
property.
Chain of Title Documents:
Garfield county recorded 02/25/2011 under reception no.
799334
Garfield county recorded 11 /17/2005 under recepti on no.
686736
Garfie ld county recorded 12/29/2004 under reception no.
666069
Garfield county recorded 10/28/2003 under reception no.
639502
Garfield county recorded 11 /30/1994 under reception no.
471494
Garfield county recorded 04/13/1992 under reception no.
~
Garfie ld county recorded 04/13/1992 under recepti on no.
433519
Garfield county recorded 08/13/1980 under recepti on no.
306453
Garfield county recorded 12/20/1966 under recepti on no.
2366 13
19 | P a g e
AL TA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number: GW63016761
Property Address:
319 & 323 COUNTY ROAD 104, CARBON DALE , CO 8 1623
1 . Effective Date:
02/17/2021 at 5:00 P.M .
2. Policy to be Issued and Proposed Insured:
"TBD" Commitment
Proposed In sured :
A BUYER TO BE DETERMINED
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
A FEE S IMPLE
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
SUSAN WALDO-HARRIS
5. The Land referred to in this Commitment is described as follows:
PARCEL A :
$0.00
A TRACT OF LAND S ITUATED IN LOT 2 AND THE NE1 /4NW1 /4 IN SECTION 25 , TOWNSHIP 7 SOUTH,
RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN , GARFIELD COUNTY, COLORADO, DESCRIBED AS
FOLLOWS :
BEGINNING AT THE NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND DESCRIBED IN BOOK
358 AT PAGE 576 OF THE RECORDS IN THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE,
RECORDED AS DOCUMENT NO. 225969 ; THENCE WEST 723 .68 FEET ALONG THE NORTHERLY LINE OF
THE ABOVE MENTIONED TRACT; THENCE NORTH 400.00 FEET; THENCE EAST 723.68 FEET; THENCE
SOUTH 400.00 FEET TO THE POINT OF BEGINNING .
AND A TRACT OF LAND SI TUATED IN THE NW1 /4NW1 /4 OF S ECTION 25 , TOWNSHIP 7 SOUTH, RANGE 88
WEST OF THE 6TH PRINCIPAL MERIDIAN , GARFIELD COUNTY, COLORADO, DE SCR IBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE THE NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND
DESCRIBED IN BOOK 358 AT PAGE 576 OF THE RECORDS IN THE GARFIELD COUNTY CLERK AND
RECORDER'S OFFICE, RECORDED AS DOCUMENT NO . 225969 , BEARS S. 02 ' 09'02"W . 1049 .05 FEET;
THENCE N. 29 '39' E. 150.00 FEET; THENCE S . 60 '2 1' E. 100.00 FEET; THENCE S. 29 '39' W. 150.00 FEET;
THENCE N . 60 '21' W. 100 .00 FEET TO THE POINT OF BEGINNING .
AND A TRACT OF LAND SITUATED IN LOT 2 OF SECTION 25, TOWNSHIP 7 SOUTH , RANGE 88 WEST OF
THE 6TH PRINCIPAL MERIDIAN , LYING EA STERLY OF THE WESTERLY LINE OF SAID LOT 2, DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF SA ID LOT 2 WHENCE THE WITNESS POINT TO THE
SOUTHWEST CORNER OF SAID S ECTION 25 BEARS S. 26 '11' W. 2991.62 FEET; THENCE NORTH 515.10
FEET ALONG THE WESTERLY LINE OF SAID LOT 2 ; EAST 254.00 FEET; THENC E SOUTH 5 12.22 FEET;
THENCE S. 89 '21' W. 254.02 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 2, THE POINT OF
BEGINNING.
EXCEPTING THEREFROM :
20 | P a g e
AL TA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number: GW63016761
A PAR CEL O F LAND SI TUATED IN LOT 2, SEC TI ON 25, TOWNSHIP 7 SOUTH , RANGE 88 WEST OF THE
6TH PRINCIPAL MERIDIAN , GARFIELD COUNTY , COLORADO, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS
BEGINNING AT A POINT ON THE WESTERLY LINE OF SA ID LOT 2, WHENCE THE WITNESS CORNER TO
THE SOU THWEST CORNER OF SAID S ECTION 25 BEARS S. 26 ° 11 '00" W. 2991.62 FEET ;
THENCE NORTH 47 .28 FEET ALONG THE WESTERLY LINE OF SAID LOT 2 TO THE CENTERLINE OF A
DRIVE AS CONSTRUCTED AND IN PLACE ;
THENCE ALONG THE CENTERLINE OF SAID DRIVEWAY THE FOLLOWING BEARINGS AND DI STANCES ;
N. 46 °02'09" E. 156 .22 FEET;
THENCE N. 25 ° 14'22" E. 200.93 FEET;
THENCE N. 09 °36'39" E. 192.80 FEET;
THENCE N. 64 °53'48" E. 96 .85 FEET ;
THENCE N. 50 °42'16" E. 130 .4 2 FEET;
THENCE LEAVING SA ID DRIVEWAY, EAST 304 .74 FEET ;
THENCE SOUTH 136.16 FEET ;
THENCE WEST 469.68 FEET ;
THENCE SOUTH 512.22 FEET;
THENCE S. 89 °21'00" W. 254.02 FEET TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
PARCEL B:
A PARCEL O F LAND SI TUATED IN LOT 2, S ECTION 25 , TOWNSHIP 7 SOUTH , RANGE 88 WEST OF THE
6TH PRINCIPAL MERIDIAN , GARFIELD COUNTY, COLORADO, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 2, WHENCE THE WITNESS CORNER TO
THE SOUTHWEST CORNER OF SAI D S ECTION 25 BEARS S . 26 °11'00" W. 2991.62 FEET ;
THENCE NORTH 47.28 FEET ALONG THE WESTERLY LINE OF SAI D LOT 2 TO THE CENTERLINE OF A
DRIVE AS CONSTRUCTED AND IN PLACE ;
THENCE ALONG THE CENTERLINE OF SAI D DRIVEWAY THE FOLLOWING BEARINGS AN D DI STANCE S;
N. 46 °02'09" E. 15 6 .22 FEET;
THENCE N . 25 ° 14'22" E . 200.93 FEET;
THENCE N. 09 °36'39" E . 192.80 FEET;
THENCE N. 64 °53'48" E . 96.85 FEET ;
THENCE N. 50 °42'16" E . 130.42 FEET;
THENCE LEAVING SAID DRIVEWAY, EAST 304.74 FEET ;
THENCE SOUTH 136.16 FEET;
THENCE WEST 469.68 FEET ;
THENCE SOUTH 512.22 FEET;
THENCE S. 89 °2 1'00" W. 254.02 FEET TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
21 | P a g e
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Copyrigh t 2006-2021 American Land T itle Associat ion. Al l righ ts reserved.
Order Number: GW6301 6761
AMERJCAN
LAND TITLE
The use of t his Form is res tric ted to AL TA licensees and ALTA members in good standing ASSOC1AT1ON
as of the date of use. All other uses are prohibited . Reprint ed under license from the
American Land Title Assoc iat ion .
22 | P a g e
Order Number: GW63016761
AL TA COMMITMENT
Old Republic National Title Insurance Company
Schedule B , Part I
(Requirements)
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.
NOTE : ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS
NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND /OR CHARGES REFLECTED HEREIN , IF
ANY , ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE
AND ANY AMENDMENTS THERETO.
1. RELEASE OF DEED OF TRUST DATED DECEMBER 05 , 2017 FROM SUSAN WALDO-HARRIS TO THE
PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF ALPINE BANK TO SECURE THE SUM OF
$100 ,000.00 RECORDED DECEMBER 28 , 2017 , UNDER RECEPTION NO.~.
NOTE : THE ABOVE DEED OF TRUST SECURES A LINE OF CREDIT.
2. GOOD AND SUFFICIENT DEED FROM SUSAN WALDO-HARRIS TO A BUYER TO BE DETERMINED
CONVEYING SUBJECT PROPERTY.
NOTE: ALL PARTIES WILL BE REQUIRED TO SIGN A FINAL AFFIDAVIT AND AGREEMENT AT CLOSING.
23 | P a g e
Order Number: GW63 01 6761
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
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 PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN
UNITED STATES PATENT RECORDED NOVEMBER 27 , 1900, IN BOOK 12 AT PAGE fil.
9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 27 , 1900, IN BOOK 12 AT
PAGE fil.
10. TERMS , CONDITIONS AND PROVISIONS OF RESOLUTION NO. 80-150 RECORDED JULY 23 , 1980 IN
BOOK 552 AT PAGE .afil!.
11 . TERMS , CONDITIONS AND PROVISIONS OF BOUNDARY LINE ADJUSTMENT AFFIDAVIT RECORDED
APRIL 10 , 1992 IN BOOK 828 AT PAGE ill-
12. TERMS , CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED APRIL 10, 1992 IN BOOK 828 AT
PAGE ail.
13. TERMS , CONDITIONS AND PROVISIONS OF BOUNDARY LINE ADJUSTMENT RECORDED OCTOBER 28 ,
2003 AT RECEPTION NO.~-
24 | P a g e
Order Number: GW63 01 6761
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
14 . TERMS , CONDITIONS AND PROVISIONS OF BOUNDARY LINE ADJUSTMENT RECORDED DECEMBER
29, 2004 AT RECEPTION NO .~AND RE-RECORDED NOVEMBER 17 , 2005 AT RECEPTION NO.
686737 .
15 . EASEMENTS AND RIGHTS OF WAY FOR ROADS , STREETS , HIGHWAYS, DITCHES , CANALS , PIPELINES
AND UTILITY LINES AS CONSTRUCTED AND IN PLACE.
25 | P a g e
~
Landlttte·
('olJARASTU Cl>MMN'Y
-Si«11!)6;
LAND TITLE GUARANTEE COMPANY
DISCLOSURE STATEMENTS
Note : Pursuant to CRS 10-11-122, notice is hereby given that:
(A ) The Subject real property may be located in a special t axing distric t.
(8 ) A cert ificate of taxes due listing each taxing jurisdiction will be obtained from the coun ty treasurer of the county in
which the real propert y is locat ed or that county t reasurer's au thorized agent unless the proposed insured provides
wri tten instructions to the cont rary. (for an Owner's Policy of Title Insurance pertaining to a sale of resident ial real
property).
(C) The informat ion regarding special districts and the boundaries of such district s may be obtained from the Board of
County Commissioners, the County Clerk and Recorder, or the County Assessor.
Note : Effective September 1, 1997, CRS 30-10-406 requires t hat all document s received for recording or filing in t he
clerk and recorder's off ice shall con tain a top margin of at least one inch and a left , right and bottom margin of at least
one hal f of an inch. The clerk and recorder may re fuse t o record or file any document that does not conf orm, exceptthat,
the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or
filing info rmat ion at the top margin of the document.
Note : Colorado Division of Insurance R egulations 8-1-2 requires t hat "Every t itl e en t ity shall be responsible for all matt ers
which appear of record prior to the time of recording whenever the t itle en tity conducts the closing and is responsible for
recording or filing of legal documen ts resulting from the transaction which was closed". Provided that l and T itle
Guarant ee Company conducts the closing of the insured t ransaction and is responsible for recording t he legal
documents from the t ransaction , exception number 5 will not appear on the Owner's Title Policy and the l enders Policy
when issued.
Note : Aff irmative mechanic's lien protection for the Owner may be available (typically by deletion of Except ion no. 4 of
Schedule 8, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance wi th the following
conditions :
(A) The land described in Schedule A of this commitment must be a single f amily residence which includes a
condominium or townhouse uni t.
(8) No labor or materials have been furnished by mechanics or material-men fo r purposes of construction on the land
described in Schedule A of this Commitment wi t hin the past 6 months.
(C) The Company must receive an appropriate aff idavit indemnifying the Company against un-filed mechanic's and
material -men's liens.
(D ) The Company must receive payment of the appropriate premium.
(E) If there has been construction , improvemen ts or major re pairs undertaken on the property to be purchased within
six months prior to the D ate of Commitment, the requirement s to obtain coverage for unrecorded liens will include :
disclosure of certain construction in f ormation; financial information as to the seller, the builder and or the
con tractor : payment of the appropriate premium fully execu ted Indemnity Agreements sa tisfac tory to the company,
and, any addit ional requirements as may be necessary aft er an examination of the af oresaid in forma tion by the
Company.
No coverage will be given under any circumstances for labor or mat erial for which the insured has con tracted for or
agreed to pay.
26 | P a g e
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 Schedu le B-2.
(A) That there is recorded evidence that a mineral estate has been severed , leased , or otherwise conveyed from the
suriace estate and that there is substantial likelihood that a third party holds some o r al l interest in oil, gas, othe r
minerals , or geothermal ene rgy in the property ; and
(B) Th at such mineral estate may include the right to enter and use the property without the surface owner's
permission.
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 c laimant for
the purpose of defrauding or attempting to defraud the policyho ld er or claimant wrth regard to a settlement or award
payable from insurance proceeds sha ll be reported to the Colorado Division of Insurance within the Department of
Regulatory Agencies.
Note: Pursuant to Colorado Division of In surance Regulations 8-1-3 , notice is hereby given of the availabi lity of a closing
protection letter for the lender, purchaser , lessee or seller in connection with this transaction.
27 | P a g e
~
Landlttte·
('olJARASTU Cl>MMN'Y
-Si«11!)6;
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 Stat emen t is provided to you as a customer of Land Ti tle Guaran tee Company as agent for L and Ti tl e Insurance
Corporation and Old Republic National Ti tle Insurance Com pany .
W e wan t you to know that we recognize and respec t your privacy expectat ions and the requirements of federal and state
privacy laws. In formation security is one of our highest priorities. W e recognize that maintaining your t rust and confidence
is t he bedrock of our business. W e main tain and regularly review in t ernal and external sa feguards against unauthorized
access to your non-public personal in formation ("Personal Informa tion").
In the course of our business, we may collect Personal In fo rma tion about you from :
• applications or other forms we receive from you, including communicati ons sen t through TMX , our web-based
transaction management system;
• your transactions with, or from the services being pe rformed by us, ou r affiliat es, or others ;
• a consumer reporting agency, if such information is provided to us in connect ion wi th your transaction ;
and
• The public records maint ained by governmental entities that we obtain either directly f rom those entit ies, or f rom
our aff iliates and non-affiliat es .
Our policies regarding the pro tection of the confidentiality and security of your Personal Info rma t ion are as follows:
• We res tric t access to all Personal In formation about you to those employees who need to know that information in
order to provide products and services t o you.
• We may share your Personal In formation with aff iliated con t rac tors or service providers who provide services in the
course of our business, bu t on ly to the ex ten t necessary for these providers to pe rform their services and to
provide these services to you as may be required by your transaction .
• We main tain physical, electronic and procedural sa feguards that comply with federal standards t o protec t your
Personal In formation from unauthorized access or in trusion.
• Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action.
• We regularly assess security standards and procedures to protect again st unauthorized access to Personal
In formation.
WE DO NOT D ISC LOSE ANY PER SO NAL INFORMATION A BOUT YOU WITH ANYONE F OR ANY PURP OSE T HAT
IS NOT STATED A BOVE OR PER MITTED BY LAW.
Consisten t wi th applicable privacy laws, there are some situations in which Personal In format ion may be disclosed. W e
may disclose your Personal In format ion 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 f raudu lent or criminal activi ties. We also may disclose your
Personal In forma tion when otherwise permi tted by applicable privacy laws such as , for example, when disclosure is
needed to en force our righ ts arising ou t of any agreemen t, transaction or relatio nship wit h you.
Our policy regarding dispute resolu tion is as follows : Any con troversy or claim arising ou t of or relati ng to our privacy
policy, or the breach thereof, shall be settled by arbit ration in accordance wi th t he rules of the American Arbitration
Association , and judgm ent upon the award rendered by the arbi trator(s) may be entered in any cou rt having j urisd iction
thereof.
28 | P a g e
Commitment For Title Insurance
Issued by Old Republic National Title Insurance Corporat ion
NOTICE
IMPORTANT READ CAREFULLY: TI1IS COMMITI,AENTIS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLI Cl ES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVlNG TI1E CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT
TI1IS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF 1lTLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER
REPRESENTATION O F TI1E STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITYOF THE TITLE, INCLUDING
ANY SEARCH AND EXAMINA1lON, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF TI1E COMPANY, AND
CREATE NO EXTRACONTRACllJAL LIABILITY TO ANY PERSON , INCLUDING A PROPOSED INSURED.
TI1E COMPANY.SOBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A PO LICY lU A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN
ACCORDANCE WITH THE TERMS A ND PROVISIONS OF THIS COMMITMENT. THE CO MPANY HAS NO LIABILITY OR OBLIGA 11ON INVOLVING TI1E
CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON ..
OOMMITMENT TO ISSUE POLICY
Sub~ct to th e Notk:c ; Schcculc B, Pan l Ace uirc mc nts ; Schcculc B, Pan II Exccptb ns; anc the Commitment Conoitions, Ole Acpu blic National T itlc-lnsurancc-
C.ompany , a Minn esota corporatbn (the 'Company'j, oommits to issue the Policy acoorcin~ to the terms anc provisio ns of th is Commitment. This Commitment is
cffc,ctivc as of the Commitm ent Date sho\vn in SChcculc-A for each Policy ccscribco in SChcoulc A, on tv when the Company has c ntcrcc in Schcculc A both the
s~ificc collar amou nt as the-Proposc,c Policy Amount anc the name of the Propooc,c lnsurcc. If all of th e Schcculc B, Pan I Accuirc mcnts have not bc-c-n met
within 6 months afte r the Comm itmcnt Date, this Commitment terminates anc the Company's liability anc obliqation enc.
OOMMITMENT CONDITIONS
1. DEFI M1lONS
(a;.'Knowk:.-cqe' or 'Kna,.vn': Actual or imputcc kna,.vlccqe, but not oonstructivc noti:e impartcc by the Public Rccorcs.
(b!'Lanc ': The lane cescribcc in Schee ulc-A anc affixcc improvements that by law oonstitute real property . The tenn 'Lane ' cocs no t incluce any
p,openy OCyonc the lines oftheareacescribcc in Schcculc-A, no r any riqht, title-, inte rest, estate, or easement in abuninq streets, roacs , avenues,
alleys , lanes, ways, or waterways , but thiscoes not mocify o r limit the extent that a ri;lht o f aocess toanc from the Lane is to be insuit:-c by th e Policy.
(C! 'Mort,;:ia,;:ie ': A mo rt,;:ia,;:ie , cccc of trust, or other security instrument, inclucinq o ne evioenccc by elc-ct roni: means authorizcc by law.
(c:• 'Policy ': Each contract of title insuranoc-, in a fo rm acoptcc by the American Lane Title Association , issuec o rto OC issuec by the Company
pu13,uant to this Commitment.
(e:, 'Piopcscc lnsurcc': Each perOOfl icentificc in Schccule A as the Proposcc ln surcc of each Pol Cy to be issucc pu13,uant to this commitment.
(f:1 'Proposcc Policy Amount': Each collar amount specif ice in Schcculc-A as the Proposcc Policy Amount o f each Policy to oc issucc pu 13,uant to this
commitment.
(q;,'Pu blic Rccorcs': Rcoorcs establishcc un cer state statutes at the Commitment Date for the purpose of im partinq constructP.·e notice of matte 13.
it:-latinq to it:-al property to purchase13, for value anc without Knowk:.-cqe .
(h;."Titlc': The estate o r interest cescribcc in Schcculc-A.
2 . If alt of the Schccule B, Part I Rccuire ments have not been met within the time perioc spccificc i n the Co mmitment to Issue Policy, Commitment terminates
anc the Company's liability anc obliqation e nc .
J . The Company 's liabmry anc obliqatio n is limitcc byanc this Commitment is not valic without
(a:•the Notice ;
(b:•the Commitment to Issue Policy ;
(c~the Commitment Concitbns;
(c:•Scheculc-A ;
(e:•Scheculc-B , Part I Rccuiit:-m e nts; anc
(f~ Scheculc-B , Part II Exoc-ptbns ; anc
(-;:i!aoounter siq nature by the Company o r its issuinq aqe nt that may be in e~tro nic form .
4 . OOMPANY'S RIGHTTO AMEND
The Company may am enc this Commitment at any time . If the Company amencs this Commitment to ace a ccfcct, lien , encumbrance, acvc,13,e claim , or
other matter it:-oorccc in the Public Rccorcs prior to the Commitment Date, any liability of the-Company is timitcc by Co mm itme nt Concition S. Th c-
Gompany shall not be liable-for any other amc-ncment to th is Gommitmc-nt.
5 . LIMITATIONS OF LIABILITY
(a:•The Company's liability unce r Commitment Concition 4 is lim itcc to the Pro poscc lnsuR:C'sactual expcnsc-incurrcc in the inteIval OCtwccn the
Gompany's celivc·ry to the Proposcc lnsurcc of the Commitmc-nt anc the celP.·ery of the amc-nccc Co m mitmc-n t, lt:'sultinq from the P,opcscc
lnsurcc·sqooc faith rc-lianceto:
i. oomplywith the Schccule B, Part I Rccuirements;
ii. eliminate, with the Co mpany's writte n oon,gc.n t, any Schccule B, Part It Exceptions; or
ili. aocuiit:-the Title or create the M ort,;:ia,;:ie oovcrcc by this Commitment.
(b;•The Company shall not be liable-u ncer Commitment Concition S(a) if the Proposcc lnsu rcc rccuestcc th e amencme nt or hac Kno w1cc,;:ie of the
matter anc etc not notify th e Company about it in writinq .
(c)The Company will only have liability uncer Commitment Concition 4 if the Proposcc lnsuR:C \1-0 Ulc not have incurrcc the expense hac the
Commitment incluccc th e accec matter when the Commitment was first celP.·eit:-c to the PIOpcscc lnsurcc.
(c:•The Co mpany 's liability shall notexoc-cc the lcsserof the Proposcc lnsuit:-c's actual expense-incurrcc in qooc faith anc cescribcc in Co mmitment
Go ncitio nsS(aH i) throu,;:ih S(aHiii;,or the P10poscc Policy Amount.
(e)The Company shall not be liable-for the oonte nt of th~ Transaction lccntification Data , if any.
29 | P a g e
(f) In no event shall the Company be obligated to issue th e Policy referred to in this Commitment unless all of the Schedule B, Part I-Requirements
have been met to the satisfaction of the Company .
(g)ln any event , the Company's liability is limited by the terms and provisions of the Policy.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
(a)Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.
(b)Any claim musl be based in contracl and must be restricted solely to the terms and provisions of lhis Commitment.
(c) Until the Policy is issued, this Commitment , as last revised , is the exclusive and entire agreement between the parties wi th respect to the subject
matter of this Commitment and supersedes all prior commitmen t negotial ions, representations, and proposals of any kind, whether written or oral ,
express or implied, relating to the subject matter of this Commitment.
(d)The deletion or modification of any Schedule B, Part II-Exception does nol conslit ute an agreement or obligation to provide coverage beyond the
terms and provisions of this Commitment or the Policy.
(e)Any amendment or endorsement to th is Commitment must be in writing and authenticated by a person authorized by the Company .
(f) When the Policy is issued, all liability and obligation under th is Commitment will end and the Company's o nly liability will be under the Policy .
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 tor the purpose of providing closing or settlement services.
8. PRO-FOR MA POLICY
The Company may provide , al the request of a Proposed Insu red, a pro-forma po licy illustratin g 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 ii a commitme nt to insure .
9. ARBITRATION
The Po licy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbi trated at lhe option of
eilher th e Company or the Proposed Insured as the exclusive remedy of the parties . A Proposed Insured may rev iew a copy of the arbitration rules at
http://WWW.alta.org/arbitration
IN WITNESS W HEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly au lhorized officers on the date shown
in Schedule A to be valid when countersigned by a validating officer or other aut horized signatory.
Issued by:
Land Title Guarantee Company
3033 East Fi rst Aven ue Su ite 600
De nver, Colo rad o 80206
303 -3 2 1-1880
Se nior Vic e President
OLD REPUB LIC NATIO NAL TITLE INSU RANCE COMPANY
A Srock Company
400 Second Avenue South. Minneapolis. Minnesota 55401
(61Z)371 -IJ1T
By President
Attest Secretary
This page is only a part of a 2016 AL TA® Commitment !Of Tille Insurance issued by Land T itl e Insurance Corporation. This Commitment is not valid without the
Notice; the Commi tm ent to Issue Policy; the Commitm ent Condi tions; 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 2006-20 16 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 fro m the American Land Ti tle Association .
30 | P a g e
Mineral Rights Ownership for the Subject Property
Schedule B, Part II of the Title Commitment attached to this application identifies a US Patent
recorded November 27, 1900 in Book 12 at Page 548 identifying that the United States of
America retained the ore only on the property. A copy of that patent is included on the following
page. A conversation with the Land Title in Glenwood Springs verified that the title search did
not identify any other mineral severances. In addition, a conversation was held with Casey
Lawrence at the Garfield County Assessor’s Office and he did a search of taxable assessed
minerals. No assessments were found and it was his opinion that there were no taxable severed
minerals on the property. The mineral rights owners for the subject property are shown in the
table below.
Mineral Rights Ownership for the Subject Property
Owner Mailing Address Type of Mineral Rights
United States
Government
c/o Bureau of Land
Management, Colorado State
Office, 2850 Youngfield St.,
Lakewood, CO 80215
Subsurface mineral rights
31 | P a g e
cE Garfield County
CERTIFICATION OF MINERAL OWNER RESEARCH
This form is to be completed and submitted with any application for a Land Use Change Permit.
Mineral interests may be severed from surface right interests in real property. C.R .S. § 24-65.5-101, et seq,
requires notification to mineral owners when a landowner applies for an application for development from a
local government. As such, the landowner must research the current owners of mineral interests for the
property.
The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4-101(E)(l)(b)(4) requires
written notice to owners of mineral interests in the subject property in accordance with C.R.S. § 24-65.5-101,
et seq, "as such owners can be identified through the records in the office of the Clerk and Recorder or
Assessor, or through other means." This form is proof of applicant's compliance with the Colorado Revised
Statutes and the LUDC.
The undersigned applicant certifies that mineral owners have been researched for the subject property as
required pursuant to C.R.S. § 24-65.5-101, et seq, and Section 4-101 (E)(l)(b)(4) of the Garfield County Land
Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies
the following {Please initial on the blank line next to the statement that accurately reflects the result of
research}:
__ I own the entire mineral estate relative to the subject property; or
lL. 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
wledge I reviewe C.R.S. 24-65.5-101, et seq, and I am in compliance with said statue and the
June 1, 2022
Applicant's Signature Date
32 | P a g e
,a■~■ICPTIOW ••» oua ••or•• PAT•W'l'-1101'--....... --.__... --
THE UNITED ·sTATES OF AMERICA,
Certificate N o ./~Lf----
1 3/s4f
Te all te Wlaom tlaNe J!'reeeate •llall come, Q2SSTfflGla
accord.tn.t to th• Olf/,oi.aJ Plat of the Surve11 of the ,,.id La.ndli, r,turn•d to tlu G,11,ral Land Of!!c,, bl/ the
8uno11or General, whioh. ,aid Tract . has been ~uroh.a.aed b11 the aaui .La.,,._a./,,,~~-----
1'ow Baew T•, That the United &a.tea of .Am,erioa, in conaideration of the premiae,, and in conformity
with the ,.voraJ .Acta of Contr .. , in ,uoh oaae ma.de and provided, hav• tiv•n and trant.d, t>nd b11 thuo pr .. ,nta
do tiv• and trant unto tlw, 1a.id. . ..J!~--~~----------------
and to_£.;_heira, the aa.id. Tract ""v• duariJJ«l : To Have and to Hold the sa.mo, I.a.tether with aU
tho rithta, priuiu,te,, •m-nitw a,nd, a,ppurt,,n.a.ncu, of wl,a,l,aoovor nature, th•reunto b.ZOnfint, unto the •rwl
:~a:~~:~V.:~ forever ; 1u.luect to an11 v .. ted and /Wl'Ued water rithu for minin.t, a.tri-.
cu.lturaJ, ma,nufaoturint or other purpoae,, a,nd, rithu to ~ and re,enoir• u.,t:d, in conn,otion with 1uoh ,
water rit'lou 41 mt>IJ b• reootniud t>nd a,oknowl«lted b11 th• Zoo..l ouatoma, 14"'8 a,nd deoiaioM of Cou'."8, a.lid
t>UO au.lueot to the ritht of the propri,,tor of,. vein or lode to u;traot a,nd remove hia ore therefrom," ;hould tu ...... ~
,,.,,.. be found to penetrate or intoraeot tho pr~m,µes ~•:eb~nted tu1 provukd b~· law. a-.l ~v..:. ,.,...,.,,,.-',
-Nu l,.,..,i,, J:!,...A,~~ ~ ~,· ..U 1-,"'-'-rl .IF'.~ -;~z;,,;z,:.,._ a. ....;,g; '7 'lt., !l/...,jt~dJ!-./r~
la Tntu1aoa7 w11 rwr, I, ... w.~~--...... .'~o/ Jreadeat ortH ·Olitet Slates ,r Alllil,
ha.v• 04114•d theao kttera to be ma.de ,x,.tont, t>nd the SoaJ of tho (Je,..,-,.l Land Of!!c,, to be hereunto a~.
Gt.,.... undar m11 hand, at the Ctt11 of Waahin_tton, the _~.
da,11 o(._{J.c1J::fu/. ____ , in the 11ea.r of our Lord one thouaand~
33 | P a g e
Owners of Record within 200-feet of the Subject Property
The following property owners of record within 200-feet of both parcels were obtained from the
records of the Garfield County Assessor Office on March 12, 2022.
Owners of Record within 200-feet of the Subject Property
Parcel Id Owner Name Owner Address1 Owner City St Zip
R045121 BLUE, DOLORES (DEE) B
REVOCABLE TRUST 0404 COUNTY ROAD 104 CARBONDALE, CO 81623
R111586 TUCKER, EILEEN & MCCANN
WILLIAM PATRICK 401 COUNTY ROAD 104 CARBONDALE, CO 81623
R011249 WALDO-HARRIS, SUSAN 319 COUNTY ROAD 104 CARBONDALE, CO 81623
R111856 JERVIS, DANIEL ROBERT &
MARY ANN 276 WOODEN DEER ROAD CARBONDALE, CO
81623-8837
R111584 4155 US6 LLC 950 SMILE WAY YORK, PA 17404
R111597 MELLO, SEAN 198 ODIN DRIVE SILT, CO 81652
R111858 KAVASCH, MARK STEPHEN
& LAU, SUSAN D 152 WOODEN DEER ROAD CARBONDALE, CO 81623
R111857 WOODEN DEER LLC 715 WEST MAIN STREET
#201 ASPEN, CO 81611
34 | P a g e
Vicinity Map
The proposed lot is approximately 2.3-miles northeast of Carbondale, Colorado. It is located immediately
north of County Road 104.
35 | P a g e
Response to Key Topics In Pre-Application Report
Access to Both Lots - The plat shows the access serving Tract A & Tract B with direct frontage
of each lot on the County Road 104 right-of-way and/or asphalt road surface as depicted in the
southwest corner of the plat.
Setbacks - There are existing structures on of the existing. All buildings on the property are
outside the required setbacks in the “Rural Zone District” and the property boundaries on the plat
are laid out in compliance with the required setbacks.
Covenants – The applicant does not propose any covenants on the property.
Consistency with the applicable provisions of Article 7 in the LUDC - Uses on the subject
property will remain compliant with the requirements of the Rural Zone District including, but
not limited to setbacks, dimensional standards, and other applicable provisions. No change in
land use is proposed with this boundary adjustment application request.
Amended Final Plat
The Amended Final Plat for the property is included as Exhibit - A in this application. The Final
Plat was prepared by Peak Surveying, Inc. in conformance with Section 5-402.
Compliance with Article 7
Division 1. General Approval Standards
Zone District Use Regulations
The table below demonstrates that the proposed lot conforms with the County’s standards for the
Rural (R) zone district, pursuant to Section 3-201.
Conformance with Rural (R) Zone District Standards
Rural (R) Zone District Standards Conformance with Rural (R) Zone District Standards
Minimum Lot
Size 2-acres The proposed reconfigured lots will be Tract A, 4.13-acres
and Tract B, 5.509-acres.
Maximum Lot
Coverage 15% No new structures are proposed with this application
Front Setback 50 feet (arterial)
25 feet (local) No new structures are proposed with this application
Rear Setback 25 feet No new structures are proposed with this application
Side Setback
10 feet or ½ the
building height,
whichever is greater
No new structures are proposed with this application
Height R: 25 feet
NR: 40 feet No new structures are proposed with this application
Pursuant to Section 3-202.A, the proposed lots will have a minimum of 25 lineal feet of frontage
on road right-of-way providing access. Section 3-202.B, 3-202.C, 3-202.D and 3-202.E are not
applicable to this application. No structures are proposed with this application. Any owner
proposing to build one or more structures will be responsible for ensuring compliance the Rural
(R) Zone District conform to the requirements of Section 3-202. F. The Amended Final Plat will
36 | P a g e
not result in any changes to drainage, access, will not affect utility services, and any other
changes applicable to the subdivision regulations & Article 7 of the Garfield County Land-Use
Code.
Exhibit – A (Full Sized Plat Submitted Separately)
(9'/:{IKCQ\U,;J SSJON:tl!AJ\IU:A.ll
.,,...,., -""-" .... A.~1..·A N-~•.1i.v»;;.-.•-.:.~.11.,1 •.i w~<,~..i.;,;;,,;11 r ·-··"-l.:,.._ '-'~""n ., , "Y,,.,. "'~"· r _.,,.,u ,,, ,, ... .,., ~•"•·""'"··• •••~·, ........ , J H.•~" ~. > •>t< ~ ,.,,1 • ..,..,..,., .. ~ ,e. 'I.A .R A1 .,....,. "·"••r IH•►""""HM."1.""' > ~,n N ... ,. u , :,,:.,-.,,-...,,.,,T"t,,...,.r,-..,u .,,-,..,. .... ,-,.,..-
•.,·•ctt..i..•",u.·~·"··""'-•~ ... ,.~ ->1 111_, ...... ~~ •• , .......... .u, >..•:-,<•t ....... c·t 1•;ot •. l'L',-,,. ........ , . .J'. ,AH\.tl ... ,_1L> •--u. ,.,.,,,,,.r-•► '""··•H><<>><'II· ,,,11·H..,.,<1.<1.r,,~.,,.·1>< ....... .,.... .. ,,, ........ ,, .. ,·~·-..··•r.1, ..... ,., . .,, ... ,.. ............. ..
• ~,.,..,.,,. ¥. ,..,..,-,.n~n.-.no·,.•·•,...""~m•r,, . ..,.,,,-.,_ ·~. . .-~,
~urs.., r...i:r, ·.1,v·, . .u ..... , .. ,, .. u.. ~.,.,,,.,.,-. u·v••·' ~'"'"-'~ . .,,,.,,,.. '·"·' 1r.-.,,.. , . .,., H<OC "'"" , .............. ,.., ... ~ ... ,.
. .,.,.,.,, .... ~,. .. ,. ,. ""'"'"'" ,, ,.,....'1L.,1:;,-.•., .. ,,.~-.•
(rRTIT1(,\lT9fTAl."F.'ftP •\lfl·
, 11,,..,..,.,·,.ic-, -...1r.~vr>1··,ry-,1.-,. -,-.~.,.,.,-. .>u ~,.,,.-,
"""·"\C<h •~.,,-,,._.,.,.,:: .. •,;,,. lll'. ,J I,,,,,.,:--~, ..,,,_._..,,,_1.L»_......,U:l"I. .<l:N.1 . ..J..
~
L •\•.·~•t ""· ... ><.'►)~>'LA•'rt -'"·'-"'·"" H d .i' 'i rl,i ·'hi,.l ',i l \mu ···•,.,.-, ,.·,r:1--1r,•·1.·•h·,..,..,,.... ,..,-,n -,-....,-,.,.,-,.,r., 11, • ..,..,. r,a. ..,...
~uu , .,,,._u .1 ,.-..,,,"-....... _. .u .,.,,._~ "" ,...._,,,
.-,,•.•·-;. I\ M h·~o>"r<"''I>.<' ,.._,,.,_,_...,_.,. S.j,ltH·fl, ,_,,11 1'."1">1 •>A
.,--..N ,n,.,,.-r:J'<"'T"H·ci·r""
l!Tl,]:!2lllf'.I\C'ON5n,.T .•l"'Tll:Y'S!:l,O,:ATT9)"
,r:,._....,..,.,..., ·..-.:,· .,.,., . ...,.. ...... 11.--.,. ,,.,._ ........ .,._-,..,.,,..,~Y11-
"'' ,,..,,. , . ..t l:Ml.1~·-.u.1, ~ '' .,.., .... ..,.,., , ., •. , ....
H ..... ~ ... '·' ., ....... :, .C :,-1 . .JAl I ··'·' >I 1/ ',t <I' . .,_ C11!1
l'IUI R ~,.-...'110,•-.,-·-.,;11,1·1r'<·,n ,y:..·tr ... ,.,.,. .... ,.H,,",n·1r,,.,.,·,,"'.., .,. ~-,_.,n,-,,......,. .• -.,.,.,.,r,·c,.,,..,v ,.,,.,.,.. ""...,.,,. . ..., ... ,-,".,,,,,·--, .,.,
• ~. ¼ ·s .. .,.,,.,, ........ .,. ··,.•.· ,-.., '
,,.,-.,~ .,.,..,,., H 11 ·•n1n .,...,. ... .,.,, .......... ...,,.,·.1<. .• ·c . Y"
,.,.. "'' ·, <''-\M~, • ._v ,,.,~, • ..., ,. ,, ,.,...,,~~rv '-'l\,..:r ·,. ,.._,:,.,n 1: .. r . .►. I\' -,.-· ~-,.-,,-.-..,-~•·Rr.r ·.•, V .. , ... ,·n r,r,<,~ G. .. , ·-:
. ,.,.,,...,.,r,:.,.·,.., ·,,-. .,.rr ,,..,. .r,,...,.,,~-·~ ..... , ~,..,,. -..,-.. -.... ,,. .·, ~••en~ ____ _
tiil.Jl,,i,
, ........ ,. ,M.,,'t!l~"Sll.k ~."VO(A IC\l<I ,. y•,:,. '1,M >.r •t ...,.,.-..,,,._,,11.v . .,-...,...nr11o •n,...-~..,...,--.. • .,, .,..,., ••• ...,,., ,,
.. ~,,..,...,. .... ""-.,,,._~,.:.•• ,r~~<1 ;:a...r •••c1m::.r::i; .. _,oc-,.:::,ci. r,."' ,._..,, • .._. ,,,_~;,a., •:V-'-'~ • ;;~ _..,.,. _,.._.,,,,
.. Hh, .• ,'t Y fl'"" .... -••••I > •·'-',A ~l"--(,0:1"• > !Kl , .. I~~ .. ~H:n I Ur1fUd.•"'l;fn:r>11"..-.r.,, l ,~ ...... ._., ........ -.n-,_, ...,.,~,._,,,.. ....... ,..~...,,,.,. ~,.,,.,., ..• ,. .~ :t••~•r:::-r,,"'""
,..,.a r . ..,-.e.vu:~•u 1 .U.J""'-''"--'..l'>W,<J.'J.r l.!.J>.UA>0, ... o,,.u-,,, '"'"l'IH., •·•-'-'·"'·.11<1<.._...,.,. •.~1 •• ::,y,,.:, ,, .• .,_..,., "" ..-►t.,,_
U I U, ~·,~. 1,1111"""-.. >•ll"< ••<IUA•'Fn,J,"-.. L. 11.1<' l:l
$ .• ..,,-, ,., •• , "''· . ~.,, n-r,··.t1
'>t .>.;i.'1-,! "-l'W ., .... .._, •. >:;/l,•;.J,..:,..-.:1, t,;,~._r u; ... 1,,;.~· '•"''-'"-'-11>'-'.I.·
<,J • ._. ).<1;,,.c.t•·JU .. hJ!J> . .1'1)Ua.llX.:H ••• .. •·""'•n•,_.·J::1> ... rv:_,, ,,.:,,o:Mdt 't ,,, ... ., .. ,,u <AJ.<'•
f!NAL PLAT AMENDMENT
H A RRI S TR ACT S A AND B
A PARCEL OF LAND SITU ATED TN LOTS 2, 3 & 5 AND THE NW l /4 OF
SECTION 25 , TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRlNCIPAL MERlDIAN
COUNTY OF GARFIELD, STATE OF COLORADO
"l.•·•r,r..-·., .... ,,,,_i;., ......... -, .. , .. ,
-.·~r:-111
..... ~,..,,,..., ... -.
; ,'
' ....... ,
§
•=•·•··"''""•'" {/
, .. ~,. {
i i ,
"""> .. K ~~,.,.,,, //7 -~ ... ,
,//
,t.7 J
i'YF ,; x_.,, •. ,.
-'•"-"-"•·· . ... ............ ~,-....
~~ I ·"'"" .-..... ,
..::,,u...·u.1.1.,_._"..,."''
U 'l>T"11 •'"'"'.,•<•I•
-· ""' j /"''.'.'-:i~•-~-.:'P:t~:lE{ft
~, .... 1.L·ii•·'-"''•"'n:; ,,,.,. .. ....,.,.,, .... :,.-,
"
GRAPH IC SCALE -------
CLTRVC T.\Il.!.C
V[(IJ\'ITY \-IAI'
:',CAL.1~1• 200'./
... _ ... ,, ... ., ... _.,,,-J'!.\<'>:•J..i ! ................... ,:;'!1,\.1-,.,.,,_., ...... JU ... u.·.•.1,1 .,.:
••·'. 1,,:,-r+< , ~· •-•· • l ,.., ~•ti·] h ~).,.rv. l'"at:< ~·)).<.,-,•H"'"S.
,._,.._......,_, '" 1;.,1-Nl'.u •. •,,.., '·"'-'·~'-" rn.\,<.>:1.-..~,,., • ._.r .. ·_.,...,w., . .u....,,.,.
v ,:;o. ·•M 1.'lj;_•·•,,.." ·'•""'-' ".ll.'>l~'Hll:• .. \lJJl...1;l ........ ,-:..,l..!,,,\;•Ull.:.u...>,.(~ , ..... , .. , .. ,...,.,.,, ... ,,,.,,,:v-..-~,·,-, , ...... ,,.,.,. ............... ,.,r.oc,, .. ,,,..,_ ........... ,,..,,n..,,.-,,..,.., .. ,,,.,.,r.·,~--(..._,..,H ··,r ..~•.r '"·"'· . ,._,,c.,,, .. ,r: .:,.:..1•:, n • ""' r:or.u•,~"· r ,~: ... >
11..·.:.·,"1-11,:.,:;::,.r.• .. •••~ .. ,..._,..,,.v..:,.-.......
,;,_-,, ,., .. ,,,.,,,, ., •• ~,-•1'T'"'T W:O:-,,.;w1-.. ,·, ... ·-,,·,..,1 -~"'1:i.'"''1-M:,t
... 'Cll'.••W.<T .'» r -,,,.,.-,.,,r-J1 L--,'T'I~ .. , . ._.TTl l'l,.,_ll)c-" ,:,·, •IU'>'• •r ,1,1tf11Jf,
I, CL N .•,I >:ll "lll.•· 111_>,:.:L I.L. <""'-" \.1•••.•J•~ .... ,.t.<\,.&I
10,¥1.l.t.;u ~u,.>., '"'·"'·-•',.'"'" O•"'-"~' .<,..._,.,,,.,,,,,,1..:11..<-> • s..,,,."""1·r .. ..,-.,.,"t..,,....,.~,·.-,-·,---,, •• , .. r,...,,..,,~ . ......, .,.,; ,,.., ... ,,,..,.,,..,:,;m . .-... -,......,,·,,..,v-:J•.·1 .. ·C'<-»·-•! ~·-"'"'•~•,.,n:
~;,, .. _,,,.,.._.,. v,.1 er r ... c.:, ·w, :r•·L ...... 11•,·.,1:-,u,.-,.· .....,_.....,., .,., . .., •. ..,,~L\.>' . .<1.,.:u r.w .• ,_.v,,.,.,...,...,.......,_-,,,.,.M-<L:.:..t_._.L,.L~••
~0 ,,.,··,vo,'1,.,•·~.-.1;1·,r ;.-,,~-. •·.·.:w ••!:>••·« v-n ;::.;:.io:..,O •·~~.,.,1,n"--"' ,~ .. 1.1.,. ,,.....,.,,._
,.,.......,.,... ~• .,,,,,,."',.,_.,.,-w,.,,.,._-. .,,.,,,,,, .~r-nor-.,_.,.,.."''"""' r,,
,.,,.,,... -"'•'"· ., . .uy·,·u,,,•"-.,..,._.,, ....... ✓• ... ,:, .. • .... '"-'-<r .. io: >.-H::.r <\..";t-~ ·••·~w.>,,u _..~, .. ,..,..,..,,.:. 110:·.i,.l,. i,·,, . ..:ar. """';'l:1 .11.1:r.,•.>r. ••-<=·•""·'·.-·"'",..:,c:.i 1• .. 1ru .. ,,·,11L · "'·«r:•-.'-~1."I:> I . fl l<I l.t•t"-~'1 ,,,_ll►<J
."'IU">Nn >..,,..,..,. .,.,.. .... ,-, •.. .,. ... , • .,.-,,,-,., . ..,,, ..... ,,.r,.-.· , ......... , ....... ,,.,,.,.~ .... , ..... ,,~ ... , ... ~ ... , ....... ,..,: ... ""
~ !I.'-·· c~.-m.:~-""'""~L·.u 1'U...U.>-'lll<.'J".c< .J..-.. .,_,J,'.._..., . .,,,.<1.,_,._;,_ ... ...,v.....,_,.L,
,,.....,,,.r,•"""•'·"·~·•·•u·,
Al)•~.,, . .,,,a, \IHUAO'-'• 0 •I
.,..~, -.·.,r~·•·"'',-.·-,;,or w,.,1<(.,,,..,:,,.,1:r-.c,
.•\.U ;:,::.~•!!l.M •1>,W:•~K .... -..
1•1 !JU, .~N il Ml:~·(11tDIJI°" 11 -6 nl"lf'.\11•
'" ,.,.,, •. , .. ,.,..,,. <! .• ""''' •~: ... , ... :, .. ,, .......... ,,, ...
UA.\..J•l•.;.U.,.IJ;I...IMIJ.~l •l>'"''
SI .SA, W A l.l )().HAl-tl./.lS
GARFIELD COUNTY, COLORADO
MNAL PLAT AMEND, HARRIS
TR ACI SA A;>Jl) 13
M :c . 2S, 'I 7S, Rl:ll:IW
:!I OS J
l OF\
Exhibit B -New Legal Descriptions
TRACT A PROPERTY DESCRIPTION
A PARCEL OF LAND SITUATED IN LOTS 2, 3 AND 5 IN THE NW1/4 OF SECTION 25, TOWNSHIP 7
SOUTH, RANGE 88 WEST OF THE SIXIH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE
OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE EASTERLY BOUNDARY OF THAT PROPERTY AS DESCRIBED IN
RECEPTION NO. 779344 OF THE GARFIELD COUNTY CLERK AND RECORDERS OFFICE, THE POINT
OF BEGINNING, WHENCE THE NORTHWEST CORNER OF SAID SECTION 25 BEARS N46°54'4S"W A
DISTANCE OF 2309.51 FEET, A 1982 GARFIELD COUNTY SURVEYOR BRASS CAP P.L.S. NO. 3317
FOUND IN PLACE; THENCE S00°00'03''E ALONG THE EASTERLY BOUNDARY OF SAID PROPERTY A
DISTANCE OF 136.16 FEET TO THE SOUTHEASTERLY CORN ER OF SAID PROPERTY; THENCE
LEAVING SAID EASTERLY BOUNDARY S89°59'59W ALONG THE SOUTHERLY BOUNDARY OF SAID
PROPERTY A DISTANCE OF 469.68 FEET; THENCE LEAVING SAID SOUTHERLY BOUNDARY
S00°00’01"W ALONG THE EASTERLY BOUNDARY OF SAID PROPERTY A DISTANCE OF 512 .22 FEET
TO THE SOUTHEASTERLY CORNER OF SAID PROPERTY; THENCE LEAVING SAID EASTERLY
BOUNDARY S89°16'34"W ALONG THE SOUTHERLY BOUNDARY OF SAID PROPERTY A DISTANCE OF
254.02 FEET TO THE SOUTHWESTERLY CORNER OF SAID PROPERTY, A NO. 5 REBAR AND
ALUMINUM CAP P.L.S. NO. 28036 IN PLACE; THENCE LEAVING SAID SOUTHERLY BOUNDARY
N00°00'00"E ALONG THE WESTERLY BOUNDARY OF SAID PROPERTY A DISTANCE OF 47.61 FEET TO
A POINT IN THE CENTERLINE OF AN EXISTING GRAVEL DRIVEWAY; THENCE LEAVING SAID
WESTERLY BOUNDARY ALONG SAID CENTERLINE THE FOLLOWING EIGHT (8) COURSES:
1. N46°02'09''E A DISTANCE OF 156.22 FEET
2. N25°14'22'E A DISTANCE OF 200.93 FEET
3. N09°36'39''E A DISTANCE OF 192.80 FEET
4. N64°53'4S'E A DISTANCE OF 96.85 FEET
5. N50°42'16''E A DISTANCEOF 130,42 FEET
6. N29°18'42"E A DISTANCEOF28.97FEET
7. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 120.86 FEET AND A CENTRAL
ANGLE OF 17°19'45", A DISTANCE OF 36.55 FEET (CHORD BEARS N20°21'22"E A DISTANCE OF 36.42
FEET)
8. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 54.54 FEET AND A CENTRAL
ANGLE OF 45°59'17", A DISTANCE OF 43.78 FEET (CHORD BEARS N11°53'57"W A DISTANCE OF 42.61
FEET) TO THE INTERSECTION OF AN EXISTING 2 TRACK ROAD; THENCE LEAVING SAID
CENTERLINE ALONG THE CENTERLINE OF SAID 2 TRACK ROAD ALONG THE ARC OF A CURVE
TO THE RIGHT HAVING A RADIUS OF 244.12 FEET AND A CENTRAL ANGLE OF 12°19'11", A
DISTANCE OF 52.49 FEET (CHORD BEARS N32°00'32"E A DISTANCE OF 52.39 FEET); THENCE
CONTINUING ALONG SAID CENTERLINE N38°10'08"E A DISTANCE OF 22.33 FEET; THENCE
CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A
RADIUS OF 172.78 FEET AND A CENTRAL ANGLE OF 36°07'00", A DISTANCE OF 108.91 FEET
(CHORD BEARS N20°06'38''E A DISTANCE OF 107.12 FEET TO A POINT ON THE NORTHERLY
BOUNDARY OF SAID PROPERTY; THENCE LEAVING SAID CENTERLINE S89°58'46''E ALONG THE
NORTHERLY BOUNDARY OF SAID PROPERTY A DISTANCE OF 208.27 FEET TO THE
NORTHEASTERLY CORNER OF SAID PROPERTY; THENCE LEAVING SAID NORTHERLY
BOUNDARY S00°00'03''E ALONG THE SAID EASTERLY BOUNDARY A DISTANCE OF 263.58 FEET TO
THE POINT OF BEGINNING, SAID PARCEL CONTA1NING 4.130 ACRES MORE OR LESS.
39 | P a g e
TRACT B PROPERTY DESCR1PTION
A PARCEL OF LAND SITUATED IN LOTS 2, 3 AND 5 IN THE NW1/4 OF SECTI ON 25, TOWNSHIP 7
SOUTH, RANGE 88 WEST OF THE SIXIH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE
OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
COMMENCING AT THE NORTHWESTERLY CORNER OF THAT PROPERTY AS DESCRIBED IN
RECEPTION NO. 779344 OF THE GARFIELD COUNTY CLERK AND RECORDERS OFFICE, THE POINT
OF BEGINNING, WHENCE THE NORTHWEST CORNER OF SAID SECTION 25 BEARS N36°14'28"W A
DISTANCE OF 1628.94 FEET, A 1982 GARFIELD COUNTY SURVEYOR BRASS CAP P.L.S. NO. 3317
FOUND IN PLACE; THENCE S89°58'46"E ALONG THE NORTHERLY BOUNDARY OF SAID PROPERTY
A DISTANCE OF 515.40 FEET TO A POINT IN THE CENTERLINE OF AN EXISTING 2 TRACK ROAD;
THENCE LEAVING SAID NORTHERLY BOUNDARY ALONG SAID CENTERLINE ALONG THE ARC OF
A CURVE TO THE RIGHT HAVING A RADIUS OF 172.78 FEET AND A CENTRAL ANGLE OF 36°07'00",
A DISTANCE OF 108.91 FEET (CHORD BEARS S20°06'38"W A DISTANCE OF 107.12 FEET); THENCE
CONTINUING ALONG SAID CENTERLINE S38°10'08"W A DISTANCE OF 22.33 FEET; THENCE
CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A
RADIUS OF 244.12 FEET AND A CENTRAL ANGLE OF 12°19'11", A DISTANCE OF 52.49 FEET (CHORD
BEARS S32°00'32"W A DISTANCE OF 52.39 FEET) TO A POINT IN THE CENTERLINE OF AN EXISTING
GRAVEL DRIVEWAY; THENCE LEAVING SAID 2 TRACK CENTERLINE ALONG SAID DRIVEWAY
CENTERLINE THE FOLLOWING EIGHT (8) COURSES,
1. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 54.54 FEET AND A CENTRAL
ANGLE OF 45°59'17", A DISTANCE OF 43.78 FEET (CHORD BEARS S11°53'57"E A DISTANCE OF 42.61
FEET)
2. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 120.86 FEET AND A CENTRAL
ANGLE OF 17°19'45", A DISTANCE OF 36.55 FEET (CHORD BEARS S20°21'22"W A DISTANCE OF 36.42
FEET)
3. S29°18'42"W A DISTANCE OF 28.97 FEET
4. S50°42'16"W A DISTANCE OF 130.42 FEET
5. S64°53'4S"W A DISTANCE OF 96.85 FEET
6. S09°36'39''W A DISTANCE OF 192.80 FEET
7. S25°14'22"W A DISTANCE OF 200.93 FEET
8. S46°02'09''W A DISTANCE OF 156.22 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID
PROPERTY; THENCE LEAVING SAID CENTERLINE N00°00'00"E ALONG SAID WESTERLY BOUNDARY
A DISTANCE OF 867.82 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 5.509
ACRES MORE OR LESS.
40 | P a g e
TRANSFER PARCEL DESCRIPTION
A PARCEL OF LAND SITUATED IN LOT 2 AND THE NE1/4NW1/4 OF SECTION 25, TOWNSHIP 7
SOUIH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE
OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE NORTHERLY BOUNDARY OF THAT PROPERTY AS DESCRIBED
IN RECEPTION NO. 779344 OF THE GARFIELD COUNTY CLERK AND RECORDERS OFFICE, THE POINT
OF BEGINNING, WHENCE THE NORTHWEST CORNER OF SAID SECTION 25 BEARS N48°22'12"W A
DISTANCE OF 1977.94 FEET, A 1982 GARFIELD COUNTY SURVEYOR BRASS CAP P.L.S. NO. 3317
FOUND IN PLACE; THENCE S89°58'46"E ALONG SAID NORTHERLY BOUNDARY A DISTANCE OF
208.27 FEET TO THE NORTHEASTERLY CORNER OF SAID PROPERTY; THENCE LEAVING SAID
NORTHERLY BOUNDARY S00°00'03"E ALONG THE EASTERLY BOUNDARY OF SAID PROPERTY A
DISTANCE OF 263.58 FEET; THENCE S90°00'00"W A DISTANCE O F 304.74 FEET TO A POINT ON THE
CENTERLINE OF AN EXISTING DRIVEWAY; THENCE ALONG SAID CENTERLINE N29°18'42"E A
DISTANCE OF 28.97 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A
CURVE TO THE LEFT HAVING A RADIUS OF 120.86 FEET AND A CENTRAL ANGLE OF 17°19'45", A
DISTANCE OF 36.55 FEET (CHORD BEARS N20°21'22"E A DISTANCE OF 36.42 FEET; THENCE
CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A
RADIUS OF 54.54 FEET AND A CENTRAL ANGLE OF 45°59'17", A DISTANCE OF 43.7 8 FEET (CHORD
BEARS N11°53'57'W A DISTANCE OF 42.61 FEET TO THE INTERSECTION OF AN EXISTING 2 TRACK
ROAD; THENCE LEAVING SAID CENTERLINE ALONG THE CENTERLINE OF SAID 2 TRACK ROAD
ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 244.12 FEET AND A CE NTRAL
ANGLE OF 12°19'11", A DISTANCE OF 52.49 FEET (CHORD BEARS N32°00'32"E A DISTANCE OF 52.39
FEET); THENCE CONTINUING ALONG SAID CENTERLINE N38°10'08"E A DISTANCE OF 22.33 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEF T
HAVING A RADIUS OF 172.78 FEET AND A CENTRAL ANGLE OF 36°07'00", A DISTANCE OF 108.91
FEET (CHORD BEARS N20°06'38''E A DISTANCE OF 107.12 FEET TO THE POINT OF BEGINNING SAID
PARCEL CONTAINING 1.552 ACRES MORE OR LESS.