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CLERK AND RECORDER'S CERTIFICATE
THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY AT ____'CLOCK________, ON THIS ____ DAY OF__________, A.D. 2018, AND IS
DULY RECORDED
AS RECEPTION NO.___________________.
______________________________________
CLERK AND RECORDER
BY:____________________________________
DEPUTY
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SURVEYOR'S CERTIFICATE
I, BILL W. A. BAKER, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF
COLORADO, THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT OF AN _________, AS LAID OUT, PLATTED, DEDICATED AND SHOWN
HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME AND UNDER MY SUPERVISION AND CORRECTLY
SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF _________ AS THE SAME ARE STAKED UPON THE GROUND
IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND.
IN WITNESS WHEREOF I HAVE SET MY HAND AND SEAL THIS ____ DAY OF ____________, 2018.
BY:_____________________________________
BILL W. A. BAKER, L.S. NO. 23875
1517 BLAKE AVENUE, SUITE 101
GLENWOOD SPRINGS, CO 81601
PROPERTY DESCRIPTION
THE UNDERSIGNED EASTBANK LLC, A COLORADO LIMITED LIABILITY COMPANY IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN GARFIELD COUNTY,
DESCRIBED AS FOLLOWS:
ZONING TRACT DESCRIPTION - FLYING M RANCH
A TRACT OF LAND SITUATED IN THE SOUTH HALF OF SECTION 35, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, LYING
NORTHERLY AND EASTERLY OF THE ROARING FORK RIVER AND THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NUMBER 82, TO
WIT:
COMMENCING AT THE WEST QUARTER CORNER OF THE SAID SECTION 35, THE SAID CORNER MONUMENTED BY A FOUND MARKED GLO STONE; THENCE,
N 89°54'27” E, ALONG THE EAST - WEST CENTERLINE OF THE SAID SECTION 35, WITH AL BEARINGS CONTAINED HEREIN RELATIVE THERETO, A DISTANCE OF
5244.60 FEET TO THE EAST QUARTER CORNER THEREOF, THE SAID CORNER MONUMENTED BY A FOUND MARKED GLO STONE; THENCE, S 08°19'19” W, ALONG
THE EASTERLY BOUNDARY LINE OF THE SOUTHEAST QUARTER OF THE SAID SECTION 35, A DISTANCE OF 3041.38 FEET TO THE SOUTHEAST CORNER
THEREOF, THE SAID CORNER MONUMENTED BY A FOUND BLM BRASS CAPPED PIPE; THENCE, N 37°44'44” W, A DISTANCE OF 2075.65 FEET TO A POINT ON THE
SOUTHWESTERLY RIGHT-OF-WAY LINE OF THE SAID COLORADO STATE HIGHWAY NUMBER 82, THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN
WITH ILLEGIBLE PLASTIC CAP, THE SAID CORNER BEING THE
TRUE POINT OF BEGINNING;
THENCE, S 33°14'13" W, A DISTANCE OF 381.22 FEET TO A POINT ON THE CENTERLINE OF THE ROARING FORK RIVER, THE SAID POINT WITNESSED
N 33°14'13” E, 118.79 FEET DISTANT, BY A FOUND 5/8 INCH IRON PIN WITH ALLOY CAP MARKED “WC” LS 9337;
THENCE, S 87°46'22” W, ALONG THE CENTERLINE OF THE SAID RIVER, A DISTANCE OF 351.38 FEET;
THENCE, S 85°12'22” W, ALONG THE CENTERLINE OF THE SAID RIVER, A DISTANCE OF 170.00 FEET;
THENCE, DEPARTING FROM THE CENTERLINE OF THE SAID RIVER, N 72°34'08" W, A DISTANCE OF 806.75 FEET;
THENCE, S 86°56'09" W, A DISTANCE OF 521.27 FEET;
THENCE, N 04°47'38" W, A DISTANCE OF 124.99 FEET;
THENCE, S 77°03'06" W, A DISTANCE OF 249.82 FEET;
THENCE, S 53°45'59" W, A DISTANCE OF 39.00 FEET;
THENCE, S 00°00'00" W, A DISTANCE OF 22.42 FEET;
THENCE, S 71°38'40" W, A DISTANCE OF 82.76 FEET TO A POINT OF CURVATURE;
THENCE, 187.48 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE LEFT, WHOSE RADIUS IS 745.00 FEET; (LONG CHORD BEARS S 64°26'07" W,
186.98 FEET) TO A POINT OF TANGENCY;
THENCE, S 57°13'34" W, A DISTANCE OF 178.94 FEET;
THENCE, S 78°47'49" W, A DISTANCE OF 226.84 FEET;
THENCE, N 76°50'20" W, A DISTANCE OF 398.56 FEET TO THE POINT OF CURVATURE OF A NON-TANGENTIAL CURVE;
THENCE, 193.24 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE RIGHT, WHOSE RADIUS IS 1517.00 FEET; (LONG CHORD BEARS N 05°46'21" W,
193.11 FEET) TO A POINT OF TANGENCY;
THENCE, N 02°07'30" W, A DISTANCE OF 93.94 FEET;
THENCE, N 06°53'56" W, A DISTANCE OF 199.65 FEET TO A POINT OF CURVATURE;
THENCE, 95.45 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE LEFT, WHOSE RADIUS IS 636.00 FEET; (LONG CHORD BEARS N 12°10'22" W,
95.36 FEET) TO A POINT OF TANGENCY;
THENCE, N 16°28'12" W, A DISTANCE OF 90.17 FEET TO A POINT OF CURVATURE;
THENCE, 104.68 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE LEFT, WHOSE RADIUS IS 300.00 FEET; (LONG CHORD BEARS N 24°40'10" W,
104.15 FEET)TO A POINT OF CUSP;
THENCE, N 07°37'39" W, A DISTANCE OF 198.37 FEET;
THENCE, N 48°20'56" E, A DISTANCE OF 78.22 FEET;
THENCE, N 27°54'09" E, A DISTANCE OF 156.25 FEET;
THENCE, N 01°07'54" W, A DISTANCE OF 101.89 FEET;
THENCE, N 17°16'27" E, A DISTANCE OF 156.26 FEET;
THENCE, N 13°30'20" E, A DISTANCE OF 86.17 FEET;
THENCE, N 49°27'26" E, A DISTANCE OF 184.65 FEET TO A POINT ON THE NORTHERLY BOUNDARY LINE OF THE SOUTHWEST QUARTER OF THE SAID SECTION 35,
FROM WHENCE THE WEST QUARTER CORNER THEREOF BEARS S 89°54'27” W, 914.98 FEET DISTANT, THE SAID CORNER PREVIOUSLY DESCRIBED;
THENCE, ALONG THE NORTHERLY BOUNDARY LINE OF THE SOUTHWEST QUARTER OF THE SAID SECTION 35, N 89°54'27" E, A DISTANCE OF 240.74 FEET;
THENCE, DEPARTING FROM THE AFORESAID NORTHERLY BOUNDARY LINE OF THE SOUTHWEST QUARTER OF THE SAID SECTION 35, S 25°09'57" W, A DISTANCE
OF 208.34 FEET TO A POINT OF CURVATURE;
THENCE, 206.85 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE LEFT, WHOSE RADIUS IS 800.00 FEET; (LONG CHORD BEARS S 17°45'31" W,
206.27 FEET) TO A POINT OF TANGENCY;
THENCE, S 10°21'06" W, A DISTANCE OF 362.07 FEET TO A POINT OF CURVATURE;
THENCE, 99.38 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE LEFT, WHOSE RADIUS IS 200.00 FEET; (LONG CHORD BEARS S 03°53'01" E,
98.36 FEET)TO A POINT OF COMPOUND CURVATURE;
THENCE, 722.21 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE LEFT, WHOSE RADIUS IS 650.00 FEET; (LONG CHORD BEARS S 49°07'24" E,
685.63 FEET);
THENCE, N 72°38'59" E, A DISTANCE OF 261.56 FEET;
THENCE, 62.08 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE RIGHT, WHOSE RADIUS IS 830.00 FEET; (LONG CHORD BEARS N 74°47'33" E,
62.07 FEET);
THENCE, N 76°56'07" E, A DISTANCE OF 335.99 FEET;
THENCE, 138.92 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE RIGHT, WHOSE RADIUS IS 243.00 FEET; (LONG CHORD BEARS S 86°41'13" E,
137.04 FEET);
THENCE, 118.38 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE LEFT, WHOSE RADIUS IS 376.00 FEET; (LONG CHORD BEARS S 79°19'44" E,
117.89 FEET);
THENCE, S 88°20'55" E, A DISTANCE OF 43.87 FEET;
THENCE, N 18°37'26" W, A DISTANCE OF 135.01 FEET, THE SAID CORNER WITNESSED N 58°17'40” E, 9.85 FEET DISTANT BY A FOUND 5/8 INCH IRON PIN WITH
YELLOW PLASTIC CAP MARKED LS 19598;
THENCE, N 58°17'40" E, A DISTANCE OF 323.33 FEET, THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP MARKED LS
19598;
THENCE, S 79°20'57" E, A DISTANCE OF 29.45 FEET, TO A POINT OF CURVATURE, THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN WITH
YELLOW PLASTIC CAP MARKED LS 38215;
THENCE, 97.62 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE LEFT, WHOSE RADIUS IS 169.00 FEET; (LONG CHORD BEARS N 84°13'05" E,
96.27 FEET) TO A POINT OF TANGENCY, THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP MARKED LS 38215;
THENCE, N 67°40'10" E, A DISTANCE OF 82.30 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF GARFIELD COUNTY ROAD NUMBER 154, THE
SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP MARKED LS 38215;
THENCE, ALONG THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF GARFIELD COUNTY ROAD NUMBER 154, S 57°41'51" E, A DISTANCE OF 12.58 FEET, THE SAID
CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP MARKED LS 38215;
THENCE, ALONG THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF GARFIELD COUNTY ROAD NUMBER 154, S 40°04'30" E, A DISTANCE OF 4.74 FEET, THE SAID
CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN WITH PLASTIC CAP MARKED LS 9337;
THENCE, ALONG THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF GARFIELD COUNTY ROAD NUMBER 154, S 47°07'05" E, A DISTANCE OF 304.67 FEET, THE SAID
CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN WITH PLASTIC CAP MARKED LS 9337;
THENCE, ALONG THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF GARFIELD COUNTY ROAD NUMBER 154S 51°08'33" E, A DISTANCE OF 111.94 FEET, THE SAID
CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN WITH PLASTIC CAP MARKED LS 9337;
THENCE, ALONG THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF GARFIELD COUNTY ROAD NUMBER 154S 54°43'10" E, A DISTANCE OF 186.88 FEET, THE SAID
CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN WITH PLASTIC CAP MARKED LS 9337;
THENCE, ALONG THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF GARFIELD COUNTY ROAD NUMBER 154S 56°00'59" E, A DISTANCE OF 181.43 FEET THE SAID
CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN (NO CAP);
THENCE, ALONG THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF GARFIELD COUNTY ROAD NUMBER 154S 57°18'06" E, A DISTANCE OF 90.64 FEET TO
THE POINT OF BEGINNING.
THE SAID TRACT OF LAND IS COMPRISED OF 1,557,332 SQUARE FEET, (35.75 ACRES) MORE OR LESS.
EXECUTED THIS ____ DAY OF _________________. A.D., 2018.
OWNER: EASTBANK LLC, A COLORADO LIMITED LIABILITY COMPANY
710 EAST DURANT AVENUE, UNIT W-6 ASPEN, CO 81611
BY:__________________________________
STATE OF COLORADO )
)ss
COUNTY OF __________ )
THE FOREGOING CERTIFICATION OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS _______ DAY OF_________________, 2018,
BY_____________________, AS_________________ OF EASTBANK LLC, A COLORADO LIMITED LIABILITY COMPANY
MY COMMISSION EXPIRES:________________________
WITNESS MY HAND AND OFFICIAL SEAL
_________________________________
NOTARY PUBLIC
TITLE CERTIFICATE
I, _________________, AS PRESIDENT OF ______________________ AS AGENT FOR LAND TITLE GUARANTEE COMPANY, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL
LANDS SHOWN UPON THIS PLAT AND THAT TITLE TO SUCH LANDS IS VESTED IN EASTBANK LLC, A COLORADO LIMITED LIABILITY COMPANY, ELIZABETH MACGREGOR IRREVOCABLE
TRUST DATED DECEMBER 27, 2000 AND FLORA MACGREGOR IRREVOCABLE TRUST DATED DECEMBER 27, 2000, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES (INCLUDING
MORTGAGES, DEEDS OF TRUST, JUDGMENTS, EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT), EXCEPT AS SET FORTH ON
THIS PLAT.
DATED THIS_______DAY OF_____________, A.D., 2018.
ADVANCED TITLE COMPANY
____________________________________
_____________, PRESIDENT
3/$7127(6
1.BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF S89°54'27"W BETWEEN THE EAST QUARTER CORNER OF SECTION 35, A STONE IN PLACE AND THE WEST QUARTER
OF SECTION 35, A STONE FOUND IN PLACE AS SHOWN HEREON.
2.DATE OF THIS SURVEY WAS SUMMER OF 2015. LINEAR UNITS USED TO PERFORM THIS SURVEY WERE U.S. SURVEY FEET.
3.THIS SURVEY IS BASED ON THE AMENDED PLAT OF EASTBANK, LLC - LOTS 2 AND 3 PREPARED BY HIGH COUNTRY ENGINEERING, RECEPTION NUMBER 867716 AND
RECEPTION NUMBER 865787 AND CORNERS FOUND IN PLACE AS SHOWN THEREON.
4.THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS AND EASEMENTS OF RECORD OR IN PLACE AND EXCEPTIONS TO TITLE SHOWN IN THE TITLE
COMMITMENT PREPARED BY STEWART TITLE GUARANTY COMPANY, EFFECTIVE DATE: AUGUST 11, 2015. (FILE NUMBER 51280).
5.ANY FUTURE LAND USE DEVELOPMENT APPLICATION PROPOSAL WITH RESPECT TO LOT 3 HEREOF SHALL BE REQUIRED TO PROVIDE ADEQUATE ROAD ACCESS FOR SUCH
PROPOSED USES SUFFICIENT TO SATISFY THEN APPLICABLE GARFIELD COUNTY STANDARDS.
6.CONTROL OF NOXIOUS WEEDS IS THE RESPONSIBILITY OF THE PROPERTY OWNER.
7.NO OPEN HEARTH SOLID-FUEL FIREPLACES WILL BE ALLOWED ANYWHERE WITHIN THE SUBDIVISION. ONE NEW SOLID-FUEL BURNING STOVE AS DEFINED BY C.R.S.
25-7-401, ET.SEQ., AND THE REGULATIONS PROMULGATED THEREUNDER, WILL BE ALLOWED IN ANY DWELLING UNIT. ALL DWELLING UNITS WILL BE ALLOWED AN
UNRESTRICTED NUMBER OF NATURAL GAS BURNING STOVES AND APPLIANCES.
8.ALL EXTERIOR LIGHTING SHALL BE THE MINIMUM AMOUNT NECESSARY AND THAT ALL EXTERIOR LIGHTING SHALL BE DIRECTED INWARD AND DOWNWARD, TOWARDS THE
INTERIOR OF THE SUBDIVISION, EXCEPT THAT PROVISIONS MAY BE MADE TO ALLOW FOR SAFETY LIGHTING THAT GOES BEYOND THE PROPERTY BOUNDARIES.
9.COLORADO IS A "RIGHT-TO-FARM" STATE PURSUANT TO C.R.S. 35-3-11, ET. SEQ. LANDOWNERS, RESIDENTS AND VISITORS MUST BE PREPARED TO ACCEPT THE
ACTIVITIES, SIGHTS, SOUNDS AND SMELLS OF GARFIELD COUNTY'S AGRICULTURAL OPERATIONS AS A NORMAL AND NECESSARY ASPECT OF LIVING IN A COUNTY WITH A
STRONG RURAL CHARACTER AND A HEALTHY RANCHING SECTOR. THOSE WITH AN URBAN SENSITIVITY MAY PERCEIVE SUCH ACTIVITIES, SIGHTS, SOUND, AND SMELLS
ONLY AS INCONVENIENCE, EYESORE, NOISE AND ODOR. HOWEVER, STATE LAW AND COUNTY POLICY PROVIDE THAT RANCHING, FARMING AND OTHER AGRICULTURAL
ACTIVITIES AND OPERATIONS WITHIN GARFIELD COUNTY SHALL NOT BE CONSIDERED TO BE NUISANCES SO LONG AS OPERATED IN CONFORMANCE WITH THE LAW AND IN
A NON-NEGLIGENT MANNER. THEREFORE, ALL MUST BE PREPARED TO ENCOUNTER NOISES, ODOR, LIGHTS, MUD, DUST, SMOKE, CHEMICALS, MACHINERY ON PUBLIC
ROADS, LIVESTOCK ON PUBLIC ROADS, STORAGE AND DISPOSAL OF MANURE, AND THE APPLICATION BY SPRAYING OR OTHERWISE OF CHEMICAL FERTILIZERS, SOIL
AMENDMENT, HERBICIDE, AND PESTICIDES, ANY ONE OR MORE OF WHICH MAY NATURALLY OCCUR AS PART OF LEGAL AND NON-NEGLIGENT AGRICULTURAL OPERATIONS.
10.ALL OWNERS OF LAND, WHETHER RANCH OR RESIDENCE, HAVE OBLIGATIONS UNDER STATE LAW AND COUNTY REGULATIONS WITH REGARD TO THE MAINTENANCE OF
FENCES AND IRRIGATION DITCHES, CONTROLLING WEEDS, KEEPING LIVESTOCK AND PETS UNDER CONTROL, USING PROPERTY IN ACCORDANCE WITH ZONING, AND
OTHER ASPECTS OF USING AND MAINTAINING PROPERTY. RESIDENTS AND LANDOWNERS ARE ENCOURAGED TO LEARN ABOUT THESE RIGHTS AND RESPONSIBILITIES AN
ACT AS GOOD NEIGHBORS AND CITIZENS OF THE COUNTY. A GOOD INTRODUCTORY SOURCE FOR SUCH INFORMATION IS "A GUIDE TO RURAL LIVING & SMALL SCALE
AGRICULTURE" PUT OUT BY THE COLORADO STATE UNIVERSITY EXTENSION OFFICE IN GARFIELD COUNTY.
11.DOGS KEPT ON THE PROPERTY SHALL BE IN A FENCED YARD OR ON A LEASH TO PREVENT HARASSMENT OF WILDLIFE.
12.FENCING ON THE PROPERTY SHALL COMPLY WITH THE COLORADO PARKS AND WILDLIFE SPECIFICATIONS FOR WILDLIFE-FRIENDLY FENCING.
13.ENGINEER-DESIGNED SEPTIC SYSTEMS ARE REQUIRED WITHIN THIS SUBDIVISION.
14.THE PROPERTY IS UNDERLAIN BY EAGLE VALLEY EVAPORITE, AND NUMEROUS SINKHOLES AND SOIL-COLLAPSE OCCURRENCES HAVE BEEN IDENTIFIED WITHIN SEVERAL
THOUSAND FEET OF THE SITE. SINKHOLES, SUBSIDENCE AND GROUND DEFORMATION DUE TO COLLAPSE OF SOLUTION CAVITIES AND VOIDS ARE A SERIOUS CONCERN IN
THE EAGLE VALLEY EVAPORITE. INFREQUENT SINKHOLE FORMATION IS STILL AN ACTIVE GEOLOGIC PROCESS IN THE ROARING FORK VALLEY, AND GROUND SUBSIDENCE
RELATED TO THE DISSOLUTION OF EVAPORITE BEDROCK IS AN UNPREDICTABLE RISK.
15.THE ACCESS DRIVEWAY FROM CR 154 TO LOT 1 OF THE EASTBANK MINOR SUBDIVISION MAY ONLY BE COMBINED PRIMARY ACCESS TO LOT 2 OF THE EASTBANK MINOR
SUBDIVISION. THE ACCESS DRIVEWAY FROM CR 154 TO LOT 1 SHALL NOT BE COMBINED AS PRIMARY ACCESS TO ANY OTHER PARCEL OR LOT.
16.LOT 2 AND 3 SHALL DEVELOP A STORM WATER MANAGEMENT PLAN AT THE TIME OF DEVELOPMENT OR REDEVELOPMENT.
17.THE PUD MAP SHOWS THE 1986 FEMA FLOODPLAIN INFORMATION THAT IS CURRENTLY IN EFFECT. THE PRELIMINARY MAPPING WHICH IS THE MOST UP TO DATE MAPPING
AVAILABLE, BUT HAS NOT YET BEEN ACCEPTED BY THE COUNTY AND A LINE DEMARKING HCE ACTUAL ELEVATIONS LOCATED IN THE FIELD OF THE FLOODPLAIN MAPPING.
COUNTY COMMISIONERS' CERTIFICATE
THIS PLAT IS APPROVED BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, THIS ____ DAY OF ___________________A.D., 2018, FOR FILING WITH THE
CLERK AND RECORDER OF GARFIELD COUNTY AND FOR CONVEYANCE TO THE COUNTY OF THE PUBLIC DEDICATIONS SHOWN HEREON, SUBJECT TO THE PROVISION THAT APPROVAL
IN NO WAY OBLIGATES GARFIELD COUNTY FOR THE FINANCING OR CONSTRUCTION OF IMPROVEMENTS ON LANDS, PUBLIC ROADS, HIGHWAYS OR EASEMENTS DEDICATED TO THE
PUBLIC, EXCEPT AS SPECIFICALLY AGREED TO BY THE BOARD OF COUNTY COMMISSIONERS BY SUBSEQUENT RESOLUTION. THIS APPROVAL SHALL IN NO WAY OBLIGATE GARFIELD
COUNTY FOR THE CONSTRUCTION, REPAIR OR MAINTENANCE OF PUBLIC ROADS, HIGHWAYS OR ANY OTHER PUBLIC DEDICATIONS SHOWN HEREON.
________________________________________
CHAIRMAN, BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
WITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD.
ATTEST: _____________________________________
COUNTY CLERK
9,&,1,7<0$3 %<12'$7(%<352-(&71265(9,6,21+,*+&28175<(1*,1((5,1*,1&3+21( )$; ZZZKFHQJFRPGUDZQE\ FKHFNHGE\ GDWH ILOH %/$.($9(18(67(*/(1:22'635,1*6&27:5 :*$5),(/'
38'($67%$1.//&*$5),(/'&2817<&2)/<,1*05$1&+38'6,7(3/$10$3&29(5'0&5138'63CERTIFICATE OF MINERAL ESTATE OWNERSHIP
THE UNDERSIGNED SURFACE OWNERS OF THE LANDS SHOWN ON THIS PLAT CERTIFY THAT THEY ALSO OWN THE MINERAL ESTATE
APPURTENANT THERETO ACCORDING TO ITS REVIEW OF THE TITLE RECORDS AND SUBJECT TO ANY APPLICABLE PATENT RESERVATION.
OWNER: EASTBANK LLC, A COLORADO LIMITED LIABILITY COMPANY
C/O DUNRENE MANAGEMENT, INC.
710 EAST DURANT AVENUE, UNIT W-6
ASPEN, CO 81611
BY:______________________________________
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THIS FINAL PLAT OF ____________________ IS APPROVED BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO THIS ________ DAY OF _____________, 20__, FOR
FILING WITH THE CLERK AND RECORDER OF GARFIELD COUNTY AND FOR CONVEYANCE TO THE COUNTY OF THE PUBLIC DEDICATIONS SHOWN HEREON, SUBJECT TO THE PROVISION THAT
APPROVAL IN NO WAY OBLIGATES GARFIELD COUNTY FOR FINANCING OR CONSTRUCTION OF IMPROVEMENTS ON LANDS, PUBLIC ROADS, HIGHWAYS OR EASEMENTS DEDICATED TO THE
PUBLIC, EXCEPT AS SPECIFICALLY AGREED TO BY THE BOARD OF COUNTY COMMISSIONERS BY SUBSEQUENT RESOLUTION. THIS APPROVAL SHALL IN NO WAY OBLIGATE GARFIELD
COUNTY FOR THE CONSTRUCTION, REPAIR OR MAINTENANCE OF PUBLIC ROADS, HIGHWAYS OR ANY OTHER PUBLIC DEDICATIONS SHOWN HEREON.
BY:____________________________________
CHAIRMAN, BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
WITNESS MY HAND AND THE SEAL OF THE COUNTY OF GARFIELD.
ATTEST:_______________________________
COUNTY CLERK
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9.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 MAY 20, 1899, IN BOOK 12 AT PAGE 508, AND RECORDED JUNE 1, 1899 IN BOOK 12 AT PAGE 510 AND AT PAGE 511 AND AT PAGE 512. (ABS63018709,
ABS63018710 AND ABS63018950).
10.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 20, 1899, IN BOOK 12 AT PAGE
508, AND AS RECORDED JUNE 1, 1899 IN BOOK 12 AT PAGE 510 AND AT PAGE 511 AND AT PAGE 512. (ABS63018709, ABS63018710 AND ABS63018950).
11.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION #97-92 RECORDED OCTOBER 07, 1997 IN BOOK 1037 AT PAGE 381. (ABS63018709, ABS63018710 AND ABS63018950).
12.ANY QUESTION, DISPUTE OR ADVERSE CLAIMS AS TO ANY LOSS OR GAIN OF LAND AS A RESULT OF ANY CHANGE IN THE RIVER BED LOCATION BY NATURAL OR OTHER THAN NATURAL
CAUSES, OR ALTERATION THROUGH ANY CAUSE, NATURAL OR UNNATURAL, OF THE CENTER THREAD, BANK, CHANNEL OR FLOW OF WATERS IN THE ROARING FORK RIVER RIVER LYING
WITHIN SUBJECT LAND; AND ANY QUESTION AS TO THE LOCATION OF SUCH CENTER THREAD, BED, BANK OR CHANNEL AS A LEGAL DESCRIPTION MONUMENT OR MARKER FOR PURPOSES OF
DESCRIBING OR LOCATING SUBJECT LANDS. (ABS63018709).
12. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF AGREEMENT RECORDED FEBRUARY 02, 2001 IN BOOK 1230 AT PAGE 47. (ABS63018910).
12. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN MEMORANDUM OF CONDITIONAL AND LIMITED OPTION
AGREEMENT RECORDED JUNE 30, 2009 UNDER RECEPTION 770444. (ABS63018950)
13.RIGHTS AND EASEMENTS FOR NAVIGATION AND FISHERY IN FAVOR OF THE PUBLIC WHICH MAY EXIST OVER THAT PORTION OF SAID LAND LYING BENEATH THE WATER OF THE ROARING FORK
RIVER. (ABS63018709)
13. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE MAP OF EASTBANK LOT SPLIT RECORDED JUNE 30, 2009 UNDER RECEPTION NO. 770436
(ABS63018910).
13. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN MEMORANDUM OF CONDITIONAL AND LIMITED OPTION AGREEMENT RECORDED JUNE 30, 2009 UNDER
RECEPTION 770444. (ABS63018950)
14.ANY RIGHTS OR INTERESTS OF THIRD PARTIES WHICH EXIST OR ARE CLAIMED TO EXIST IN AND OVER THE PRESENT AND PAST BED, BANKS OR WATERS OF THE ROARING FORK RIVER.
(ABS63018709)
14. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN ACCESS AND UTILITY EASEMENT AGREEMENT RECORDED JUNE 30, 2009
UNDER RECEPTION NO. 770443 (ABS63018910).
14. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN EASEMENT AGREEMENT RECORDED JULY 23, 2015 UNDER RECEPTION
NO. 865788. (ABS63018950)
15.TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF AGREEMENT RECORDED FEBRUARY 02, 2001 IN BOOK 1230 AT PAGE 47. (ABS63018709)
15. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN AGREEMENT RECORDED SEPTEMBER 04, 2015 UNDER RECEPTION NO. 867635.
(ABS63018910).
15. EASEMENTS AND NOTES ON THE EASEBANK, LLC LOT LINE ADJUSTMENT RECORDED JULY 28, 2015 UNDER RECEPTION NO. 865787. (ABS63018950)
16.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE MAP OF EASTBANK LOT SPLIT RECORDED JUNE 30, 2009 UNDER RECEPTION NO. 770436.
(ABS63018709)
16. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE MAP OF EASTBANK PARCEL 2 LOT SPLIT RECORDED JANUARY 18, 2012 UNDER RECEPTION
NO. 813402 AND EASTBANK, LLC MINOR SUBDIVISION RECORDED SEPTEMBER 8, 2015 AT RECEPTION NO. 867716. (ABS63018910).
16. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN AGREEMENT FOR RELOCATION OF ACCESS AND UTILITY EASEMENTS
RECORDED SEPTEMBER 04, 2015 UNDER RECEPTION NO. 867636. (ABS63018950)
17.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN ACCESS AND UTILITY EASEMENT AGREEMENT RECORDED JUNE 30, 2009 UNDER
RECEPTION NO. 770443. (ABS63018709)
17. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN ACCESS AND UTILITY EASEMENT AGREEMENT RECORDED JANUARY 18, 2012
UNDER RECEPTION NO. 813409. (ABS63018910).
17. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN ENCROACHMENT LICENSE RECORDED FEBRUARY 11, 2016 UNDER RECEPTION NO. 873603. (ABS63018950)
18.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN AGREEMENT RECORDED SEPTEMBER 04, 2015 UNDER RECEPTION NO. 867635.
(ABS63018709)
18. TERMS, CONDITIONS, AND PROVISIONS CONTAINED IN BOUNDARY LINE ADJUSTMENT AFFIDAVIT RECORDED JULY 23, 2015, UNDER RECEPTION NO. 865784. (ABS63018910).
18. EASEMENT GRANTED TO PUBLIC SERVICE COMPANY OF COLORADO, FOR UTILITIES, AND INCIDENTAL PURPOSES, BY INSTRUMENT RECORDED DECEMBER 07, 2016, UNDER RECEPTION
NO. 886221. (ABS63018950)
19.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE MAP OF EASTBANK PARCEL 2 LOT SPLIT RECORDED JANUARY 18, 2012 UNDER RECEPTION
NO. 813402 AND EASTBANK, LLC MINOR SUBDIVISION RECORDED SEPTEMBER 8, 2015 AT RECEPTION NO. 867716. (ABS63018709)
19. TERMS, CONDITIONS, AND PROVISIONS CONTAINED IN EASTBANK, LLC LOT LINE ADJUSTMENT RECORDED JULY 23, 2015, UNDER RECEPTION NO. 865787. (ABS63018910).
19. ANY TAX, LIEN, FEE, OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT PROPERTY IN THE ROARING FORK WATER AND SANITATION
DISTRICT, AS EVIDENCED BY INSTRUMENT RECORDED APRIL 04, 2017, UNDER RECEPTION NO. 890905. (ABS63018950)
20.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN ACCESS AND UTILITY EASEMENT AGREEMENT RECORDED JANUARY 18, 2012
UNDER RECEPTION NO. 813409. (ABS63018709)
20. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN EASEMENT AGREEMENT RECORDED JULY 23, 2015 UNDER RECEPTION
NO. 865788. (ABS63018910).
20. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO. 2019-45 RECORDED AUGUST 13, 2019 UNDER RECEPTION NO. 924057. (ABS63018950)
21. TERMS, CONDITIONS, AND PROVISIONS CONTAINED IN BOUNDARY LINE ADJUSTMENT AFFIDAVIT RECORDED JULY 23, 2015, UNDER RECEPTION NO. 865784. (ABS63018709)
21. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN DECLARATION OF ACCESS EASEMENT RECORDED AUGUST 20, 2015 UNDER
RECEPTION NO. 867040 AND 867041. (ABS63018709)
21. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN DECLARATION OF ACCESS EASEMENT RECORDED AUGUST 20, 2015 UNDER
RECEPTION NO. 867040 AND 867041. (ABS63018910).
21. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO. 2019-46 RECORDED AUGUST 13, 2019 UNDER RECEPTION NO. 924068. (ABS63018950)
22. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF WATER ALLOTMENT RECORDED APRIL 1, 2016 AT RECEPTION NO. 875479. (ABS63018910).
22. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN PEDESTRIAN AND BIKE PATH EASEMENT AGREEMENT RECORDED SEPTEMBER
28, 2020 UNDER RECEPTION NO. 942684, 942685 AND 942686. (ABS63018950)
23. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN EASEMENT AGREEMENT RECORDED JULY 23, 2015 UNDER RECEPTION
NO. 865788.(ABS63018709)
23. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO. 2019-46 RECORDED SEPTEMBER 13, 2019 UNDER RECEPTION NO. 924068. (ABS63018910).
24. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN DECLARATION OF ACCESS EASEMENT RECORDED AUGUST 20, 2015 UNDER
RECEPTION NO. 867040 AND 867041. (ABS63018709)
24. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO. 2019-45 RECORDED SEPTEMBER 13, 2019 UNDER RECEPTION NO. 924067. (ABS63018910).
25. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF WATER ALLOTMENT RECORDED JULY 21, 2016 AT RECEPTION NO. 880064. (ABS63018709)
25. FINANCING STATEMENT WITH, ALPINE BANK, A COLORADO BANKING CORPORATION THE SECURED PARTY, RECORDED APRIL 10, 2017 UNDER RECEPTION NO. 891076 AND AMENDMENT
RECORDED FEBRUARY 2, 2022 UNDER RECEPTION NO. 970402. (ABS63018910).
26. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION RECORDED SEPTEMBER 20, 2016 AT RECEPTION NO. 882643. (ABS63018709).
27. TERMS, CONDITIONS AND PROVISIONS OF PERMITS RECORDED SEPTEMBER 15, 2016 AT RECEPTION NO. 882419 AND 882420. (ABS63018709)
28. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN EASEMENTS TO PUBLIC SERVICE RECORDED OCTOBER 07, 2016 UNDER
RECEPTION 886222 AND 886223. (ABS63018709)
29. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN LAND USE PERMIT RECORDED SEPTEMBER 15, 2016 UNDER RECEPTION NO. 882419. (ABS63018709)
LAND USE CHANGE PERMIT RECORDED SEPTEMBER 15, 2016 UNDER RECEPTION NO. 882420. AMENDED LAND USE CHANGE PERMIT RECORDED APRIL 26, 2018 UNDER RECEPTION NO. 905901.
AMENDED LAND USE CHANGE PERMIT APRIL 26, 2018 UNDER RECEPTION NO. 905902. (ABS63018709)
30. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN DECLARATION REGARDING WATER AND WASTEWATER USE AND OWNERSHIP RECORDED SEPTEMBER 20,
2016 UNDER RECEPTION NO. 882643. (ABS63018709)
31. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO. 2019-45 RECORDED AUGUST 13, 2019 UNDER RECEPTION NO. 924067. (ABS63018709)
32. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO. 2019-46 RECORDED SEPTEMBER 13, 2019 UNDER RECEPTION NO. 924068. (ABS63018709)
33. DEED OF TRUST DATED MAY 04, 2016, FROM EASTBANK, LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY, COLORADO FOR THE USE OF ALPINE
BANK, A COLORADO BANKING CORPORATION TO SECURE THE SUM OF $2,360,000.00 RECORDED MAY 09, 2016, UNDER RECEPTION NO. 876951. MODIFICATION AGREEMENT IN CONNECTION
WITH SAID DEED OF TRUST WAS RECORDED DECEMBER 19, 2018, UNDER RECEPTION NO. 915499. SAID DEED OF TRUST WAS FURTHER SECURED IN ASSIGNMENT OF RENTS RECORDED
DECEMBER 19, 2018, UNDER RECEPTION NO. 915500. (ABS63018709)
34. FINANCING STATEMENT WITH, ALPINE BANK, A COLORADO BANKING CORPORATION THE SECURED PARTY, RECORDED APRIL 10, 2017 UNDER RECEPTION NO. 891076 AND AMENDMENT
RECORDED FEBRUARY 2, 2022 UNDER RECEPTION NO. 970402. (ABS63018709)