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Home My WebLink About1.00 General Application Materials Colborn Basic Correction Exemption Garfield County, Colorado Parcel ID: 2177-201-00-009 Applicant: Harry & Colleen Colborn 10889 County Road #320 Rifle, CO 81650 970.948.4937 March 21, 2023 Garfield County Community Development Dept. 108 8th Street, Ste. 401 Glenwood Springs, CO 81601 RE: Basic Correction Exemption Application – Colborn Property Mr. Hartmann: Please see the enclosed application for the proposed Colborn Basic Correction Exemption by property owners Harry and Colleen Colborn for Garfield County Parcel #2177-201-00-009. The intent is to legally define the property in accordance with Section 5-204 of the Garfield County Land Use Code. Submitted documents include: 1. Application Form; 2. Payment Agreement Form; 3. Proof of Ownership & Title Commitment; 4. Article 5: Divisions 5-204.C Narrative; 5. Letter from JVAM; 6. Property Owners within 200-feet; 7. Certificate of Mineral Owners Research; 8. Letter of Authorization; 9. Vicinity Map; 10. Access Permits 11. Sec. 4-203-M: Water Supply & Distribution Plan; 12. Sec. 4-203-N: Wastewater Management & Systems Plan; and 13. Exemption Plat. Please feel free to call me if you have any questions. Sincerely, Deric Walter, PE Boundaries Unlimited Inc. Enc. Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION Minor Subdivision Preliminary Plan Amendment Major Subdivision Final Plat Amendment Sketch Preliminary Final Common Interest Community Subdivision Conservation Subdivision Public/County Road Split Exemption Yield Sketch Preliminary Final Rural Land Development Exemption Time Extension Basic Correction Exemption INVOLVED PARTIES Owner/Applicant Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ Representative (Authorization Required) Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ PROJECT NAME AND LOCATION Project Name: _____________________________________________________________________________________ Assessor’s Parcel Number: ___ ___ ___ ___ - ___ ___ ___ - ___ ___ - ___ ___ ___ Physical/Street Address: ________________________________________________________________ Legal Description: ______________________________________________________________________ _____________________________________________________________________________________ Zone District: ___________________________________ Property Size (acres): __________________ Descri Existing Use: The property is bisected by Helmer Gulch. The east side of th property is developed with a single family residence, detached garage/shop and a driveway off CR#320. The west side of the property is vacant and accessed from Village Drive. Proposed Use {From Use Table 3-403); Residential Dwelling, Single-Unit Description of Project 1 Document the subject property as a legal parcel in Garfield County, Colorado. Area Land Single Family # of Lots # of Units Pa 1 29.5 4+ Du Commercial Industrial ce Other tl_ rements per Section 4-202. List Waiver of Standards tr The Applicant is requesting a Waiver of Standards per Section 4-L18. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is and accurate to the best of my knowledge. 3.2%,27 of Property Owner Date OFFIC IAL USE ONLY FileNumber:___Fee Paid:( Acreage 1 Multi-Family REQUEST FOR WAIVERS Section: Section: Section: Section: Gurfield Coanty PAYMENT AGREEMENT FORM GARFIELD COUNry ("COUNTY") and Property Owner ('?PPLICANT")Harry and Colleen Colborn agree as follows: 1. 2, The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. lf actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby atree to pay all fees related to this application: Billing Contact person: Harry Colborn Phone: ( 970 ) 948-4937 Billing Contact Address: 10889 County Road #320 The Applicant has submitted to the County an application for the following Project: Colborn Basic Correction Exemption City:Rifle state: CO Zip code 81 650 Billing Contact Email hhh@sopris.net Printed Name of Person Authorized to Sign:Harry Colborn \,ZZ"L3 (Signature)(Date) ffi BANK'9,TWEST BNP PARIBAS MLS 8801857605 04l2rl22 IIARRY COLBORN COLLEEN COLBORN 10889 COTINTY ROAD 320 RIFLE CO 81650 ---NOTI€E.€F*AaaoFF- Bank of the West applied your final payment on04l2ll22' Loan# 8801857605 Property Address: 10889 COLTNTY ROAD 320 RIFLE CO 81650 IMPORTANT INFORMATION In order to remove Bank of the West as a lien holder, a release of lien will be forwarded to the appropriate recording office. If you have any questions, please contact our Customer Care Center ui t-s-sa-qts -2327 (TTY TDD 1-800-659-5495),Monday-Friday 8:00 a.m. to 6:00 p.m., Central Time. Escrow/Overpayment refunds will be mailed within seven days of payoff. No further payments for property tax or home insurance items will be disbursed from your escrow account. You may contact your Tax Collector and Insurance Agent for additional information. If your loan is FHA insured, HIID will notifii you within 120 days if you are eligible for a distributive share refirnd. Ptrease direct refund questions to your local HUD office. If you were required to have flood insurance coverage with this loan, Bank of the West no longer requires flood insurance coverage. If you have refinanced this loan, your new mortgage may require flood coverage. If the Post Office has forwarded this letter to you, please contact our Customer Care Department with your new mailing address to ensure the receipt of your End-of-Year statement. Thalk you for allowing Bank of the West to assist you with your mortgage loan. Please visit our company website at www.bankofthewest.com for infonnation on products and services we offer to meet your flnancial needs. Member l0iC. Equal llousing Lender. 6 P.O.Box72'7 | Omaha, NE 68101-9801 RW_575 10.17,14 Commitment No: 1205246-C2 DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, requires that "Every Title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the Title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed.” (Gap Protection) Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: The Land described in Schedule A of this commitment must be a single-family residence, which includes a1. condominium or townhouse unit. No labor or materials may have been furnished by mechanics or materialmen for purpose of construction on2. the Land described in Schedule A of this Commitment within the past 13 months. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's3. and materialmen's liens. Any deviation from conditions A though C above is subject to such additional requirements or Information4. as the Company may deem necessary, or, at its option, the Company may refuse to delete the exception. Payment of the premium for said coverage.5. Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.: The subject real property may be located in a special taxing district;(i) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the(ii) County Treasurer's authorized agent; and Information regarding special districts and the boundaries of such districts may be obtained from the(iii) County Commissioners, the County Clerk and Recorder, or the County Assessor. Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident withholding). Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given: (a) If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate then there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property, and (b) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note 6: Effective September 1, 1997, C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch the clerk and recorder may refuse to record or file any document that does not conform. Note 7: Our Privacy Policy: We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. Note 8: Records: Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not less than seven (7) years, except as otherwise permitted by law. Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that “A title entity shall not earn interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be made at any time up to and including closing.” Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional Page 10 111 E. 3rd Street Floor 1, Suite 101 Rifle, CO 81650 Phone: 970-625-5426 Fax: 844-269-2759 www.titlecorockies.com Commitment Ordered By: Deric J. Walter Boundaries Unlimited Inc 923 Cooper Ave., Suite 201 Glenwood Springs, CO 81601 Phone: 970-945-5252 Fax: email: deric@bu-inc.com Inquiries should be directed to: Authorized Officer or Agent Title Company of the Rockies 111 E. 3rd Street Floor 1, Suite 101 Rifle, CO 81650 Phone: 970-625-5426 Fax: 844-269-2759 Commitment Number:1205246-C2 Buyer's Name(s):Purchaser with contractual rights under a purchaser agreement with the vested owner identified at item 4 below Seller's Name(s):Harry Colborn and Colleen Colborn Property:10889 County Road 320, Rifle, CO 81650 Section: 20 Township: 6 Range: 93, Garfield County, CO TITLE CHARGES These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges related thereto. If applicable, the designation of “Buyer” and “Seller” shown below may be based on traditional settlement practices in Garfield County, Colorado, and/or certain terms of any contract, or other information provided with the Application for Title Insurance. Owner’s Policy Premium: Loan Policy Premium: Additional Lender Charge(s): Additional Other Charge(s): Tax Certificate: Total Endorsement Charge(s): TBD Charge(s): TOTAL CHARGES: $0.00 $0.00 $250.00 $250.00 Service Beyond Expectation in Colorado for: Eagle, Garfield, Grand, Pitkin and Summit Counties. (Limited Coverage: Jackson, Lake, Park and Routt Counties) Locations In: Avon/Beaver Creek, Basalt, Breckenridge, Grand Lake and Winter Park. (Closing Services available in Aspen and Glenwood Springs). CM-2 (ALTA Commitment for Title Insurance (6-17-06)(WLTIC Edition (9/26/07) ALTA Commitment For Title Insurance (Adopted 06-17-06) (Revised 08-01-2016) COMMITMENT FOR TITLE INSURANCE ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY NOTICE IMPORTANT-READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and the Commitment Conditions, WESTCOR LAND TITLE INSURANCE COMPANY, a South Carolina Corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I-Requirements have not been met within six (6) months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed and by these presents to be signed in facsimile under authority of its by-laws, effective as of the date of Commitment shown in Schedule A. Issued By: WESTCOR LAND TITLE INSURANCE COMPANY Title Company of the Rockies, LLC 10 W Beaver Creek Blvd., Suite 221, PO Box 980 Avon, CO 81620-0980 Phone: (970) 949-9497 Westcor Land Title Insurance Company ALTA Commitment -2006 (6-17-06) (Reverse side of Cover) CONDITIONS The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.1. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim2. or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. Liability of the Company under this Commitment shall be only to the named proposed Insured and such3. parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title4. or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of5. Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< http://www.alta.org/>. (Reverse side of Cover) Westcor Land Title Insurance Company Joint Notice of Privacy Policy of Westcor Land Title Insurance Company and Title Company of the Rockies, LLC Westcor Land Title Insurance Company (“WLTIC”) and Title Company of the Rockies, LLC value their customers and are committed to protecting the privacy of personal information. In keeping with that philosophy, we each have developed a Privacy Policy, set out below, that will endure the continued protection of your nonpublic personal information and inform you about the measures WLTIC and Title Company of the Rockies, LLC take to safeguard that information. This notice is issued jointly as a means of paperwork reduction and is not intended to create a joint privacy policy. Each company's privacy policy is separately instituted, executed, and maintained. Who is Covered We provide our Privacy Policy to each customer when they purchase a WLTIC title insurance policy. Generally, this means that the Privacy Policy is provided to the customer at the closing of the real estate transaction. Information Collected In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic personal information directly from the customer, from customer-related transactions, or from third parties such as our title insurance agent, lenders, appraisers, surveyors and other similar entities. Access to Information Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform their jobs. These employees include, but are not limited to, those in departments such as closing, legal, underwriting, claims and administration and accounting. Information Sharing Generally, neither WLTIC nor Title Company of the Rockies, LLC shares nonpublic personal information that it collects with anyone other than those individuals necessary needed to complete the real estate settlement services and issue its title insurance policy as requested by the consumer. WLTIC or Title Company of the Rockies, LLC may share nonpublic personal information as permitted by law with entities with whom WLTIC or Title Company of the Rockies, LLC has a joint marketing agreement. Entities with whom WLTIC or Title Company of the Rockies, LLC have a joint marketing agreement have agreed to protect the privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as WLTIC and Title Company of the Rockies, LLC use to protect this information and to use the information for lawful purposes. WLTIC or Title Company of the Rockies, LLC , however, may share information as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud. Information Security WLTIC and Title Company of the Rockies, LLC , at all times, strive to maintain the confidentiality and integrity of the personal information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural safeguards in compliance with federal standards to protect that information. The WLTIC Privacy Policy can be found on WLTIC's website at www.wltic.com COMMITMENT FOR TITLE INSURANCE Issued by as agent for Westcor Land Title Insurance Company SCHEDULE A Reference:Commitment Number: 1205246-C2 1.Effective Date: April 12, 2022, 7:00 am Issue Date: April 22, 2022 2. Policy (or Policies) to be issued: ALTA Owner's Policy (6-17-06)Policy Amount: Amount to be Determined Premium:Amount to be Determined Proposed Insured:Purchaser with contractual rights under a purchaser agreement with the vested owner identified at item 4 below 3.The estate or interest in the land described or referred to in this Commitment is Fee Simple. 4. The Title is, at the Commitment Date, vested in: Harry Colborn and Colleen Colborn 5. The land referred to in this Commitment is described as follows: FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE For Informational Purposes Only - APN: R040928 Countersigned Title Company of the Rockies, LLC This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part II Page 1 By: Mike Mulligan Commitment No: 1205246-C2 SCHEDULE A (continued) LEGAL DESCRIPTION The Land referred to herein is located in the County of Garfield, State of Colorado, and described as follows: A tract of land situated in the SW1/4NE1/4 and the SE1/4NE1/4 of Section 20, Township 6 south, Range 93 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said tract being more particularly described as follows: Commencing at the center of Section 20, a rebar and cap found in place and marked L.S. #15397; thence North 89°28'02" East 298.11 feet to a point on the Southeasterly line of Document No. 264953 (as filed in the Garfield County Clerk and Recorder's Office). The TRUE POINT OF BEGINNING: thence (bounded on the Northwest by said document) North 21°12'56" East 106.94 feet; thence (bounded on the Northwest by said document) North 49°45'59" East 36.03 feet; thence (bounded on the Northwest by said document) North 42°46'04" East 243.43 feet; thence (bounded on the Northwest by said document) North 64°56'16" East 103.86 feet; thence (bounded on the Northwest by said document) North 26°36'10" East 75.00 feet; thence (bounded on the South by said document) North 82°27'40" West 599.54 feet to a point on the Easterly line of a 60.00 foot road right of way (described in Document No. 245579 of the Garfield County Clerk and Recorder's Office); thence along said Easterly right of way along the arc of a curve to the right having a radius of 129.37 feet and a central angle of 00°03'50" a distance of 0.14 feet, (chord bears North 00°33'15" West 0.14 feet); thence North 00°31'21" West along said Easterly right of way 178.34 feet to a point on the Southerly line of Rifle Village South Subdivision; thence (bounded on the West by Rifle Village South Subdivision) North 00°31'21" West 230.00 feet; thence (bounded on the North by Rifle Village South Subdivision) North 89°32'18" East 180.00 feet; thence (bounded on the West by Rifle Village South Subdivision) North 00°31'21" West 230.10 feet to the Southwest Corner of Document No. 275967 (as filed in the Garfield County Clerk and Recorder's Office); thence (bounded on the North by said Document No. 275967) North 89°30'57" East 135.00 feet to the Southeast Corner of said Document No. 275967, being also the Southwest Corner of Document No. 275968, as filed in the Garfield County Clerk and Recorder's Office; thence (bounded on the North by said Document No. 275968) North 89°30'57" East 229.26 feet; thence (bounded on the West by said Document No. 275968) North 00°31'21" West 190.00 feet to a point on the Northerly line of said SW1/4 NE1/4 of Section 20; thence North 89°30'57" East along said Northerly line 1175.61 feet to the intersection of a North-South fence line extended; thence South 03°24'56" East along said fence line and along said fence 487.15 feet, to a point on the Northerly line of a 60.00 foot right of way for County Road No. 320; thence leaving said fence line South 62°03'58" West along said Northerly right of way 604.17 feet; thence along said Northerly right of way along the arc of a curve to the right, having a radius of 2113.24 feet and a central angle of 05°20'34", a distance of 197.06 feet, (chord bears South 64°44'15" West 196.99 feet); thence South 67°24'32" West along said Northerly right of way line, 286.11 feet; This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule A Page 3 Commitment No: 1205246-C2 thence along said Northerly right of way line along the arc of a curve to the left having a radius of 788.74 feet and a central angle of 40°23'21", a distance of 556.01 feet (chord bears South 47°12'51" West 544.57 feet) to a point on the Southerly line of said SW1/4NE1/4 of Section 20; thence leaving said right of way South 89°28'02" West along said Southerly line 130.35 feet to the TRUE POINT OF BEGINNING. EXCEPTING THEREFROM: A parcel of land situated in the SE1/4NE1/4 of Section 20, Township 6 South, Range 93 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel of land lying North of the Northerly line of a 60 foot right of way for County Road 320 and more particularly described as follows: Commencing at the East Quarter Corner of said Section 20, a brass cap found in place; thence North 45°31'21" West 1179.35 feet to a point on said Northerly right of way, the TRUE POINT OF BEGINNING; thence South 62°03'58" West along said right of way 109.91 feet; thence leaving said right of way North 03°24'56" West 537.88 feet to a point on the Northerly line of said SE1/4NE1/4; thence North 89°30'57" East along said Northerly line 100.13 feet; thence South 03°24'56" East 487.15 feet to the TRUE POINT OF BEGINNING. AND A tract of land situated in a parcel of land described in Book 465 at Page 136 in the records of the Garfield County Clerk and Recorder and also being situated in the SW1/4 of the NE1/4 of Section 20, Township 6 South, Range 93 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: Beginning at a rebar and cap L.S. #26626 found at the northwesterly corner of said parcel, also being a point on the easterly right of way line of a 60 foot road right of way, from which the Northwest Corner of the SW1/4NE1/4 of Section 20, Township 6 South, Range 93 West of the Sixth Principal Meridian bears N. 04°40'53" W. 830.61 feet; Thence S. 82°28"39" E. 599.67 feet along the northerly line of said parcel to a point in a gulch known as Helmer Gulch; Thence along said Gulch S. 26°35'11" W. 75.00 feet; Thence departing said Gulch N. 76°40'29" W. 293.93 feet; Thence N. 88°43'01" W. 176.44 feet; Thence S. 20°20'00" W. 63.51 feet to a point on said easterly right of way; Thence along said right of way the following 2 (two) courses: 1) N. 41°58'00" W. 65.13 feet; 2) thence 93.17 feet along an arc of a curve to the right having a radius of 129.37 feet, a central angle of 41°15'30" and subtending a chord bearing N. 21°10'10" W. 91.16 feet to the point of beginning. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule A Page 4 Commitment No: 1205246-C2 For each policy to be issued as identified in Schedule A, Item 2, the Company shall not be liable under this commitment until it receives a specific designation of a Proposed Insured, and has revised this commitment identifying that Proposed Insured by name. As provided in Commitment Condition 4, the Company may amend this commitment to add, among other things, additional exceptions or requirements after the designation of the Proposed Insured. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule A Page 5 Commitment No: 1205246-C2 COMMITMENT FOR TITLE INSURANCE Issued by Westcor Land Title Insurance Company SCHEDULE B, PART I Requirements The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the effective date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the clerk and recorded of the county in which said property is located. All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. Release by the Public Trustee of Garfield County of the Deed of Trust from Harry Colborn and Colleen5. Colborn for the use of Bank of the West, to secure $440,000.00, dated May 25, 2016, and recorded June 1, 2016 at Reception No. 877884. Deed from Harry Colborn and Colleen Colborn to Purchaser with contractual rights under a purchaser6. agreement with the vested owner identified at item 4 below. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288-CRA 39-14-102. THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GARFIELD COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part I Page 6 Commitment No: 1205246-C2 UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF INSURANCE. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part I - continued Page 7 Commitment No: 1205246-C2 SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. Any loss or damage, including attorney fees, by reason of the matters shown below: Any facts, right, interests, or claims which are not shown by the Public Records but which could be1. ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. Easements or claims of easements, not shown by the Public Records.2. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that3. would be disclosed by an accurate and complete land survey of the Land. 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. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United7. States Patent recorded August 11, 1921 in Book 112 at Page 538. Any rights, interests or easements in favor of the State of Colorado, the United States of America, or the8. general public, which exist or are claimed to exist in, over, under and/or across the waters and present and past bed and banks of the Helmer Gulch. An undivided one-half (1/2) interest in oil, gas and other mineral rights, as reserved by Glenn L. Zastrow9. and Eva M. Zastrow in the Deed recorded August 12, 1960 in Book 329 at Page 168, and any and all assignments thereof or interests therein. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part II Page 8 Commitment No: 1205246-C2 Easement and right of way for electric transmission and distribution line purposes, as granted to10. Colorado-Ute Electric Association, Inc., by instrument recorded September 6, 1963 in Book 352 at Page 506, said easement being more particularly described therein. Easement and right of way for pipeline purposes, as granted to City of Rifle, by instrument recorded11. October 7, 1963 in Book 353 at Page 301, said easement being more particularly described therein. An undivided One-half (1/2) interest in oil, gas and other mineral rights, as reserved by S. W. Anderson and12. Lola Marie Anderson in the Deed recorded September 30, 1974 in Book 465 at Page 136, and any and all assignments thereof or interests therein. Terms, agreements, provisions, conditions and obligations as contained in Resolution No. 94-091 recorded13. August 9, 1994 at Reception No. 466958. Easement and right of way for telecommunication line purposes, as granted to US West Communications, by14. instrument recorded August 19, 1994 at Reception No. 467470, said easement being more particularly described therein. Terms, agreements, provisions, conditions and obligations as contained in Resolution No. 2003-87 recorded15. November 5, 2003 at Reception No. 640191. Terms, agreements, provisions, conditions and obligations as contained in Contract to Provide Services and16. Pre-Annexation Agreement recorded December 10, 2003 at Reception No. 642635. Terms, agreements, provisions, conditions and obligations as contained in Boundary Line Adjustment17. recorded December 28, 2007 at Reception No.740149 . Easement and right of way for pipeline purposes, as granted by to ETC Canyon Pipeline, LLC, by18. instrument recorded January 8, 2009 at Reception No. 761221, said easement being more particularly described therein. Any question, dispute or adverse claims to any loss or gain of land as a result of any change in the riverbed19. location by other than natural causes, or alteration through accretion, reliction, erosion or evulsion of the center thread, bank, channel or flow of the waters in the Helmer Gulch lying within the subject land; and any question as to the location of such center thread, bank, bed or channel as a legal description monument or marker for the purposes of describing or locating subject lands. NOTE: There are no documents in the land records in the office of the Clerk and Recorder for Garfield County, Colorado accurately locating past or present locations of the center thread, bank, bed or channel of the above river or indicating any alterations of the same as from time to time may have occurred. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part II - continued Page 9 services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such purpose(s). Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that “Until a title entity receives written instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with the following: The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a1. fiduciary capacity. The title entity shall use any funds designated as “earnest money” for the consummation of the transaction2. as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise provided in this section. If the transaction does not close, the title entity shall: Release the earnest money funds as directed by written instructions signed by both the buyer and seller;(a) or If acceptable written instructions are not received, uncontested funds shall be held by the title entity for(b) 180 days from the scheduled date of closing, after which the title entity shall return said funds to the payor. In the event of any controversy regarding the funds held by the title entity (notwithstanding any termination3. of the contract), the title entity shall not be required to take any action unless and until such controversy is resolved. At its option and discretion, the title entity may: Await any proceeding; or(a) Interplead all parties and deposit such funds into a court of competent jurisdiction, and recover court(b) costs and reasonable attorney and legal fees; or Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons(c) and complaint or claim (between buyer and seller), containing the case number of the lawsuit or lawsuits, within 120 days of the title entity's written notice delivered to the parties, title entity shall return the funds to the depositing party.” Page 11 Commitment No: 1205246-C2 Title Company of the Rockies Disclosures All documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of atleast one inch and a left, right and bottom margin of at least one half of an inch. The Clerk and Recorder will refuseto record or file any document that does not conform to the requirements of this section. Pursuant to C.R.S.30-10-406(3)(a). The company will not issue its policy or policies of title insurance contemplated by this commitment until it has beenprovided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the CountyTreasurer's authorized agent: or until the Proposed Insured has notified or instructed the company in writing to thecontrary. Pursuant to C.R.S. 10-11-122. No person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as apart of such services until those funds have been received and are available for immediate withdrawals as a matter ofright. Pursuant to C.R.S. 38-35-125(2). The Company hereby notifies the proposed buyer in the current transaction that there may be recorded evidence that the mineral estate, or portion thereof, has been severed, leased, or otherwise conveyed from the surface estate. If so, there is a substantial likelihood that a third party holds some or all interest in the oil, gas, other minerals, or geothermal energy in the subject property. Such mineral estate may include the right to enter and use the property without the surface owner's permission. Pursuant to C.R.S. 10-11-123. If this transaction includes a sale of property and the sales price exceeds $100,000.00, the seller must comply withthe disclosure/withholding requirements of said section. (Nonresident withholding) Pursuant to C.R.S. 39-22-604.5. Notice is hereby given that: The subject property may be located in a special taxing district. A Certificate of Taxesdue listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorizedagent. Information regarding special districts and the boundaries of such districts may be obtained from the Board ofCounty Commissioners, the County Clerk and Recorder, or the County Assessor. Pursuant to C.R.S. 10-11-122. Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulation 8-1-2; "Gap Protection" -When this Company conducts the closing and is responsible for recording or filing the legaldocuments resulting from the transaction, the Company shall be responsible for all matters which appear on therecord prior to such time or recording or filing; and "Mechanic's Lien Protection" - If you are the buyer of a single family residence, you may request mechanic'slien coverage to be issued on your policy of Insurance. If the property being purchased has not been the subjectof construction, improvements or repairs in the last six months prior to the date of this commitment, therequirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity bythe seller. If the property being purchased was constructed, improved or repaired within six months prior to thedate of this commitment the requirements may involve disclosure of certain financial information, payment ofpremiums, and indemnity, among others. The general requirements stated above are subject to revision andapproval by the Company. Pursuant to C.R.S. 10-11-122. Notice is hereby given that an ALTA Closing Protection Letter is available, upon request, to certain parties to the transaction as noted in the title commitment. Pursuant to Colorado Division of Insurance Regulation 8-1. Nothing herein contained will be deemed to obligate the Company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Page 12 Page 1 of 2 Colborn Basic Correction Exemption BUI#03003.02 March 21, 2023 Article 5-204.C This narrative is to address Article 5-204.C of the Garfield County Unified Land Use and Development Code and follows the outlined 17 Review Criteria provided therein. 1. This application is in compliance with all applicable requirement of the LUDC for Rural zoning. 2. This application does not alter current rural residential use of the property and therefore does not conflict with the applicable sections of the Comprehensive Plan. 3. This application does not alter the physical state of the property and therefore does not change the existing character of the development. 4. This application does not alter the physical state of the property and therefore does not alter the basic relationship of the development to adjacent properties. 5. The subject property has been developed with a County permitted single family home owned and occupied by the Applicants, as have several other adjacent properties which were all once maintained in single ownership by S.W. Anderson and Lola Marie Anderson (at least ten (10) and possibly more). It would be an impractical task well beyond ‘extraordinary and exceptional” to attempt to recombine all those properties into a single ownership simply for the sake of reconveying them to the present owners through a County subdivision process. A Basic Correction Exemption is necessary to correct the errors which occurred nearly 40 years ago. 6. Please see the attached letter from JVAM as evidence that the special circumstances and conditions have not directly resulted from any act of the Applicants. 7. As presented in #5 and #6, The strict application of the regulation would result in peculiar and exceptional, practical difficulties to, and exceptional and undue hardship on the owners of the subject property. It is inconceivable to imagine getting 10+ adjacent owners, many who likely have mortgages, to all come together and temporarily give up their ownership rights so that each of their properties could be properly divided through the County’s subdivision process. 8. As explained through #5-#7, the BCE is necessary to relieve the owners of the peculiar and exceptional, practical difficulties or exceptional and undue hardship. 9. Granting the BCE will not cause substantial detriment to the public good. In fact, it will pave the way for the other 10+ equally affected adjacent properties to define their legal status as an individual property. 10. The BCE appears to have been codified for situations as this. Therefore, granting the BCE will not substantially impair the intent and the purpose of the Code. 11. Pursuant to Section 7-104, the existing residence is currently serviced potable water (legal and physical) by the City of Rifle Water Department via an existing 8”Ø potable water main running Page 2 of 2 through the property from the intersection of the existing driveway/CR#320 to the intersection of Village Dr./Winchester St. Please see the attached “First Amendment to Colborn, Contract to Provide Services and Pre-Annexation Agreement” between the Applicant’s and the City of Rifle, Colorado, dated September 14, 2022. 12. Pursuant to Section 7-107, the subject property has legal and adequate access from CR#320 and Village Drive via Garfield County Access Permits #88-2003 and #121-2003. 13. Pursuant to Section 7-108 and 7-205, the property is bisected by Helmer Gulch and has been mapped by the Federal Emergency Management Agency (FEMA) under Letter of Map Revision (LOMR) Case No. 18-08-0695P (attached). According to the document, the floodplain in contained within the banks of the Gulch. The BCE does not create a flooding hazard. Site soils, geology and gamma radiation were assessed by Hepworth-Pawlak Geotechnical, Inc. (AKA Kumar & Associates)(reports attached). The evaluation noted the potential for soil piping and recommended additional site-specific analysis for foundation designs. Gamma radiation levels were found to be typical of natural background levels in the area and should not require mitigation. The BCE does not create a soils hazard. The proposed BCE will alter the use of the property and thus will not further reduce air quality below acceptable levels established by the Colorado Air Pollution Control Division or store hazardous materials. 14. As discussed in #11, the BCE has adequate potable water. Pursuant to Section 7-105, the existing single-family home and detached garage/shop are each already service for wastewater via County Individual Sewage Disposal Permits #3889 and SEPT-8-09-1196. 15. It is understood that Board of County Commissioner’s approval may include conditions of approval or plat notes to address limitations associated with Article 7 Standards including provision of adequate water. 16. The attached Preliminary Exemption Plat has been prepared to meet the requirements of Section 5-402.F. 17. This application is from an individual property owner for a property that was originally split from a larger parcel prior to the Applicants’ obtaining ownership of the subject property. A Mountain Law Firm Page 1 of 4 Ryan Jarvis P.O. Box 878 Glenwood Springs, CO 81602 D: (970) 366-4399 ryan@jvamlaw.com March 20, 2023 Via Email Deric Walters Boundaries Unlimited 923 Cooper Ave, Suite 201 Glenwood Springs, CO 81601 Re: Colborn Basic Correction Exemption – LUDC 5-204(c)(6) Dear Deric, This letter is being provided to you for inclusion in Harry and Colleen Colborn’s Application for Basic Correction Exemption (“BCE”). Specifically, this letter addresses the criteria at LUDC 5-204(c)(6), which requires a showing that, “The special circumstances and conditions have not directly resulted from any act of the Applicant.” The “special circumstances and conditions” at issue here are that apparently the Colborn Property (Parcel No. 217720100009) was never created pursuant to applicable subdivision regulations. The fact that the Colborn Property apparently was not created pursuant to applicable subdivision regulations is recent news to the Colborns. When they acquired their property in 1999, they assumed that the property had been legally created. Below is a summary of the history of the Colborn Property which makes clear that the Colborns have taken no action to create the circumstance in which their property is less than 35 acres. Instead, the history shows that the lot was created well before the Colborn’s took title to the property. Below I also provide a brief discussion of neighboring properties that now comprise the Rolling Acre Subdivision, which appears to have been approved despite the that fact that, like the Colborn Property, there is no evidence that it was created pursuant applicable subdivision regulations, and the owner of the property at the time of creation of the Rolling Acres Subdivision was not required to complete a BCE. Finally, below I address various examples of the County treating the Colborn Property as if it has been legally created. A Mountain Law Firm Page 2 of 4 History of the Colborn Property The Colborn Property is currently approximately 29.5 acres. It has a complicated and less-than- clear history, which is summarized below. • On August 11, 1960, Glenn and Eva Zastrow transferred property to S.W. and Lola M. Anderson (the “Andersons”) including the S1/2 NE1/4 of Section 20, Township 6 South, Range 93 West of the 6th PM, in which the Colborn Property is located.1 • No later than March 26, 1985, the Andersons began identifying the property they acquired from Glenn and Eva Zastrow as numbered tracts, which is demonstrated by a 1985 Deed of Trust.2 No records have been discovered indicating that any land use process was followed to create the numbered tracts. The Colborn Property is located in what is described in the Deed of Trust as Tract V, which is shown in a 1984 survey as being 28.72 acres.3 • On October 5, 1987, Lola Marie Anderson conveyed Tract V, among other property, to International Leasing, Inc. (“Wizard”).4 • On October 5, 1987, Wizard conveyed Tract V, among other property, to the Francesca Real Estate Corporation (“Francesca”).5 • In July 1992, Francesca completed a boundary line adjustment with Linda Loy, the property owner to the east.6 That boundary line adjustment appears to have slightly reduced the acreage of Tract V. • On January 7, 1998, Francesca sold the Colborn Property to Joseph and Velma Weinreis.7 No records have been discovered indicating that any land use process was followed to create the Colborn Property at this point. • On August 23, 1999, Joseph and Velma Weinreis conveyed the Colborn Property to Harry and Colleen Colborn.8 1 Deed at Rec. No. 210611. 2 Deed of Trust at Rec. No. 360513. 3 See Proposed Property Lines S.W. Anderson Property, Garfield County, Colorado (“Proposed Property Map”). 4 Deed at Rec. No. 386543. 5 General Warranty Deed at Rec. No. 386544. 6 Affidavit re: Boundary Line Adjustment at Rec. 436924 and General Warranty Deed at Rec. 436925. 7 General Warranty Deed Rec. No. 519188. 8 Warranty Deed at Rec. No. 550919. A Mountain Law Firm Page 3 of 4 • In December 2007, the Colborns and the Seventh-Day Adventist Association of Colorado completed a boundary line adjustment that added a small amount of land to the Colborn Property on its southwest boundary, resulting in the current Colborn Property, which constitutes approximately 29.5 acres.9 Title research by Boundaries Unlimited, Title Company of the Rockies and my office has uncovered no evidence that the property was created pursuant to any subdivision regulations. When Colborn purchased the property in 1999, it was less than 35 acres.10 While a small amount of land was added to property through a boundary line adjustment in 2007, it did not result in a lot larger than 35 acres. The 29.5 acre lot that exists today has existed since that 2007 boundary line adjustment. The Colborns have taken no action to cause their 29.5 acre lot to be created without compliance with applicable subdivision regulations. History of Tract VII Property identified by the Andersons as Tract VII is relevant to this BCE. The Andersons labeled the property south of the Colborn Property as Tract VII, which constituted approximately 31.34 acres.11 On October 5, 1987, Wizard transferred Tract VII, among other property, to the Francesca.12 On November 24, 1992, Francesca conveyed Tract VII to Roland and Gwen Foster.13 In Resolution 95-020,14 the BOCC approved the preliminary plan for the Rolling Acres Subdivision on what had been labeled Tract VII.15 The Rolling Acres Subdivision is currently comprised of Parcel Nos. 217720102001, 217720102002, and 217720102003, which together constitute 31.19 acres as shown on the subdivision’s survey.16 No documents have been found that indicate that Tract VII, which has always constituted less than 35 acres, was ever created pursuant to subdivision regulations. There is also no evidence that any owner of Tract VII or the current owners in Rolling Acres Subdivision have ever been required to complete a BCE. Instead, all available evidence indicates that like the Colborn Property, Tract VII was not created by subdivision process and the County never required at BCE before approving the Rolling Acres Subdivision. 9 Special Warranty Deed at Rec. No. 740148 and Affidavit Regarding Boundary Line Adjustment at Rec. No. 740149. 10 According to BOCC Resolution 2003-87 recorded at Rec. No. 6401911, the property as of 2003 was only 27.54 acres. 11 See Boundary Survey. 12 General Warranty Deed at Rec. No. 386544. 13 Deed at Rec. No. 442167. 14 Rec. No. 475225. 15 Rec. No. 475225. 16 Subdivision Map at Rec. No. 476190. A Mountain Law Firm Page 4 of 4 County Approvals Regarding the Colborn Property The County has historically treated the Colborn Property like a legally created parcel. Pursuant to BOCC Resolution 2003-87,17 the County issued a Floodplain Special Use Permit for the property.18 Also, the County Building Department issued building permits for a single-family dwelling with attached garage deck and garage and certificates of occupancy were issued after the work was completed.19 Additionally, the County issued a septic permit.20 The fact that over the years the County has treated the Colborn Property as a legally created parcel further indicates that the “special circumstances and conditions” have not resulted from any act of the Colborns. Conclusion LUDC 5-204(c)(6) is met in this situation. The Colborns have done nothing to create the situation where their property was apparently not created pursuant to applicable subdivision regulations. When they obtained title the Colborns understood the property to have been legally created, and until recently the County has as well. Also, the County treated an immediately adjacent parcel as having being legally created when approving a subdivision for it, despite the fact that there is no evidence that it was ever legally created. If you have any questions, please let me know. Sincerely Ryan Jarvis 17 Rec. No. 640191. 18 Rec. No. 643096. 19 Building Permit Nos. 8965 and 11253 20 Individual Sewage Disposal Permits #3889 and SEPT-8-09-1196. Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 217720100002 86 VILLAGE DR RIFLE ROCKY MOUNTAIN CONFERENCE OF SEVENTH-DAY ADVENTISTS R420659 2520 S DOWNING STREET DENVER, CO 80210-5818 217720100004 293 VILLAGE DR RIFLE MILLER, JAMES R JR & HOLLY S R024191 293 VILLAGE DRIVE RIFLE, CO 81650 217720100009 10889 320 COUNTY RD RIFLE COLBORN, HARRY & COLLEEN R420690 10889 COUNTY ROAD 320 RIFLE, CO 81650-9613 217720100010 10991 320 COUNTY RD RIFLE SERRANO, NETZA R420691 10991 COUNTY ROAD 320 RIFLE, CO 81650 217720100011 303 VILLAGE DR RIFLE SALAZAR, JOSE ALFREDO & ALFREDO R045423 303 VILLAGE DRIVE RIFLE, CO 81650 217720101001 285 VILLAGE DR RIFLE BURWELL, PAMELA J & FLEGAL, JOHN R024192 285 VILLAGE DRIVE RIFLE, CO 81650 217720101002 245 VILLAGE DR RIFLE SALISBURY, SHANTEL M & SETH W R024325 245 VILLAGE DR RIFLE, CO 81650 217720102001 10894 320 COUNTY RD RIFLE ANTONELLI, CHARLES S R420697 10894 COUNTY ROAD 320 RIFLE, CO 81650 217720102002 10960 320 COUNTY RD RIFLE HERTZKE, GEORGIANA R420698 10960 COUNTY ROAD 320 RIFLE, CO 81650 217720200005 2103 321 COUNTY RD RIFLE GILPIN, MARVIN J & NATALIE A R024036 2103 COUNTY ROAD 321 RIFLE, CO 81650 217720200006 147 VILLAGE DR RIFLE MURDOCK, GRANVILLE J & SHARON E R024048 147 VILLAGE DRIVE RIFLE, CO 81650- 9608 217720200007 59 VILLAGE DR RIFLE BERTRAM, DAVID & JANET R024101 59 VILLAGE DRIVE RIFLE, CO 81650 217720205001 15 REMINGTON ST RIFLE STRICKLAN, SCOTT & ARIEL R024261 15 REMINGTON STREET RIFLE, CO 81650 217720208001 16 REMINGTON ST RIFLE LOY, LINDA M R024018 16 REMINGTON STREET RIFLE, CO 81650 217720208003 36 REMINGTON ST RIFLE PAGE, KIMBERLY LEANNE R024255 36 REMINGTON STREET RIFLE, CO 81650 217720209001 20 WINCHESTER ST RIFLE RICHARDS, BRYON D & BRITTANY R024085 20 WINCHESTER STREET RIFLE, CO 81650 217721200400 11747 320 COUNTY RD RIFLE RIFLE MIXED VENTURES, LLC R247254 3016 MARYLAND AVENUE COLUMBUS, OH 43209 217729100900 Not available RIFLE BUREAU OF LAND MANAGEMENT R084163 2300 RIVER FRONTAGE ROAD SILT, CO 81652 ROW Not available null Glenwood Springs Branch 1322 Grand Avenue Glenwood Springs, Colorado 81601 Telephone: (970) 945-4444 Facsimile: (970) 945-4449 September 30, 2022 Re: Mineral Owners; Parcel # 2177 201 00 009; CTCGC File No. 2022-01-37 Hello Harry. As requested, we examined title to the minerals as reflected in recorded documents in the Garfield County Clerk and Recorder’s Office for the following parcel: Parcel A: A tract of land situated in the SW1/4NE1/4 and the SE1/4NE1/4 of Section 20, Township 6 South, Range 93 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said tract being more particularly described as follows: Commencing at the center of Section 20, a rebar and cap found in place and marked L.S. #15397; thence North 89°28'02" East 298.11 feet to a point on the Southeasterly line of Document No. 264953 (as filed in the Garfield County Clerk and Recorder’s Office). The TRUE POINT OF BEGINNING: thence (bounded on the Northwest by said document) North 21°12’56" East 106.94 feet; thence (bounded on the Northwest by said document) North 49°45’59" East 36.03 feet; thence (bounded on the Northwest by said document) North 42°46‘04" East 243.43 feet; thence (bounded on the Northwest by said document) North 64°56'16" East 103.86 feet; thence (bounded on the Northwest by said document) North 26°36'10" East 75.00 feet; thence (bounded on the South by said document) North 82°27'40" West 599.54 feet to a point on the Easterly line of a 60.00 foot road right of way (described in Document No. 245579 of the Garfield County Clerk and Recorder’s Office); thence along said Easterly right of way along the arc of a curve to the right having a radius of 129.37 feet and a central angle of 00°03'50" a distance of 0.14 feet, (chord bears North 00°33'15" West 0.14 feet); thence North 00°31’21" West along said Easterly right of way 178.34 feet to a point on the Southerly line of Rifle Village South Subdivision; thence (bounded on the West by Rifle Village South Subdivision) North 00°31'21" West 230.00 feet; Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, Colorado 81650 Telephone: (970) 625-3300 Facsimile: (970) 625-3305  Page 2 October 5, 2022 thence (bounded on the North by Rifle Village South Subdivision) North 89°32'18" East 180.00 feet; thence (bounded on the West by Rifle Village South Subdivision) North 00°31'21" West 230.10 feet to the Southwest Corner of Document No. 275967 (as filed in the Garfield County Clerk and Recorder’s Office); thence (bounded on the North by said Document No. 275967) North 89°30'57" East 135.00 feet to the Southeast Corner of said Document No. 275967, being also the Southwest Corner of Document No. 275968, as filed in the Garfield County Clerk and Recorder’s Office; thence (bounded on the North by said Document No. 275968) North 89°30'57" East 229.26 feet; thence (bounded on the West by said Document No. 275968) North 00°31'21" West 190.00 feet to a point on the Northerly line of said SW1/4 NE1/4 of Section 20; thence North 89°30'57" East along said Northerly line 1175.61 feet to the intersection of a North-South fence line extended; thence South 03°24'56" East along said fence line and along said fence 487.15 feet, to a point on the Northerly line of a 60.00 foot right of way for County Road No. 320; thence leaving said fence line South 62°03’58" West along said Northerly right of way 604.17 feet; thence along said Northerly right of way along the arc of a curve to the right, having a radius of 2113.24 feet and a central angle of 05°20’34", a distance of 197.06 feet, (chord bears South 64°44'15" West 196.99 feet); thence South 67°24’32" West along said Northerly right of way line, 286.11 feet; thence along said Northerly right of way line along the arc of a curve to the left having a radius of 788.74 feet and a central angle of 40°23’21", a distance of 556.01 feet (chord bears South 47°12’51" West 544.57 feet) to a point on the Southerly line of said SW1/4NE1l/4 of Section 20; thence leaving said right of way South 89°28'02" West along said Southerly line 130.35 feet to the TRUE POINT OF BEGINNING. EXCEPTING THEREFROM: A parcel of land situated in the SE1/4NE1/4 of Section 20, Township 6 South, Range 93 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel of land lying North of the Northerly line of a 60 foot right of way for County Road 320 and more particularly described as follows: Commencing at the East Quarter Corner of said Section 20, a brass cap found in place; thence North 45°31’21" West 1179.35 feet to a point on said Northerly right of way, the TRUE POINT OF BEGINNING;  Page 3 October 5, 2022 thence South 62°03’58" West along said right of way 109.91 feet; thence leaving said right of way North 03°24°56" West 537.88 feet to a point on the Northerly line of said SE1/4NE1/4; thence North 89°30’57" East along said Northerly line 100.13 feet; thence South 03°24’56" East 487.15 feet to the TRUE POINT OF BEGINNING. Parcel B: A tract of land situated in a parcel of land described in Book 465 at Page 136 in the records of the Garfield County Clerk and Recorder and also being situated in the SW1/4 of the NE1/4 of Section 20, Township 6 South, Range 93 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: Beginning at a rebar and cap L.S. #26626 found at the northwesterly corner of said parcel, also being a point on the easterly right of way line of a 60 foot road right of way, from which the Northwest Corner of the SW1/4 NE1/4 of Section 20, Township 6 South, Range 93 West of the Sixth Principal Meridian bears North 04°40'53" West 830.61 feet; thence South 82°28'39" East 599.67 feet along the northerly line of said parcel to a point in a gulch known as Helmer Gulch; thence along said Gulch South 26°35'11" West 75.00 feet; thence departing said Gulch North 76°40'29" W. 293.93 feet; thence North 88°43'01" West 176.44 feet; thence South 20°20'00" West 63.51 feet to a point on said easterly right of way; thence along said right of way the following two (2) courses: 1) North 41°58'00" West 65.13 feet; 2) thence 93.17 feet along an arc of a curve to the right having a radius of 129.37 feet, a central angle of 41°15'30" and subtending a chord bearing North 21°10'10" West 91.16 feet to the point of beginning. As appears from the recorded documents in the Garfield County Clerk and Recorder’s Office we examined for the above described parcel, and subject to reservations, exceptions and conditions contained in the United States Patent, easements, rights of way, liens, encumbrances, rights of parties in possession, liens, if any, of mechanics and materialmen, zoning and subdivision regulations, and any state of facts which an accurate survey would disclose, title to the minerals is vested in the following: Mineral Rights Owner Address shown on an applicable or recent recorded instrument (NOTE: Commonwealth Title Company makes no guarantee or representations regarding address and addresses should be independently verified) Francesca Real Estate Corporation P. O. Box 13172 Houston, Texas 77019 Glen Brothers LLLP 2405 Meadowlark Lane Glenwood Springs, Colorado 81601 Chad J. Barsness 83 South 3rd Street Carbondale, Colorado 81623 Robert B. Emerson 83 South 3rd Street Carbondale, Colorado 81623 Nancy Henry 10469 E. Camino Tesote  Page 4 October 5, 2022 Tucson, Arizona 85749 Avis Downey 3036 E. Hinsdale Avenue Centennial, Colorado 80122-1945 Mary Burdick 1701 McRae Place Hillsborough, North Carolina 27278 Linda Loy 16 Remington Street Rifle, Colorado 81650 Laramie Energy II 1512 Larimer Street, Suite 1000 Denver, Colorado 80202 Although we deem this information to be reliable, is not to be construed as an abstract of title, nor an opinion of title, nor a guaranty of title, and the Companies’ liability is limited to the amount paid for the mineral examination. The effective date of this mineral title analysis is September 21, 2022. If you have any questions regarding this analysis, please contact me. Sincerely, Patrick P. Burwell Patrick P. Burwell fVlarch 21,2A23 Civil Engineering Surveying 'rrlim Project: Colborn Basic Correction Exemption Address: 10889 County Road #320 Rifle, CO 81650 PID:2177-201-00-009Zoning: Rural (R) Application: Minor Subdivision To Whom It t\tlay Concern This is to confirm that I (we) have authorized Boundaries Unlimited lnc. to act as my (our) representative for the project noted above. Contact information for Boundaries Unlimited lnc. is: Deric Walter, PE Boundaries Unlimited lnc. 923 Cooper Ave., Ste. 201 Glenwood Springs, CO 8't601 970.945.5252 x 01 deric@bu-inc.com BY Harry Colborn 3'zs'L9 PRINTED ORTYPEDNAME Owner DATE TITLE BY Colleen Colborn 4-ag A? PRINTED ORTYPEDNAME Owner DATE TITLE (J\r& Date: Proj #: File: Scale:923 Cooper Avenue Suite 201 Glenwood Springs, CO 81601 tele: 970.945.5252 fax: 970.384.2833 1"=2000' Rifle, Colorado 03001-c-plat Colborn Minor Subdiion03003.02 Harry & Colleen Colborn Vicinity Map 3/31/22 00 2000'4000' Scale: 1" = 2000' City of Rifle Helmer GulchCounty R o a d # 3 2 0 Site Civil Engineering SuneyngColborn Basic Correction Exemption BUr#03003.02 Basic Correction Exemption lt/arch 21,2023 nlim Water Supply & Distribution Plan This Water Supply & Distribution Plan is provided in accordance with Article 4 Section 4-203.M of the Garfield County Unified Land Use and Development Gode and follows the outline provided therein. M1. Water Supply: The existing residence is currently served potable by the City of Rifle Water Department via an existing 8"6 potable water main running through the property from the intersection of the existing driveway/CR#320 to the intersection of Village Dr.Minchester St. a. The Applicant has obtained a Pre-Annexation Agreement with the City of Rifle (attached) which includes residential water and sewer service for up to three single family residences. System information is readily available on the City's website at httpS:#wurvv.rifleqq.qnry?1/\Yalqr: Wa$lewater Utilities. b. Not Applicable. c. Not Applicable. d. Not Applicable M.2. Water Distribution: Not Applicable. Attachments. City of Rifle Pre-Annexation Agreement Prepared by: Deric J. Walter, PE Boundaries Unlimited lnc. Colleen Colborn Owner/Applicant I Acknowledged f& f*Lu,iu/r'L, Page | 1 of 2 Colborn Basic Correction Exemption BUI#03003.02 Basic Correction Exemption March 21, 2023 Wastewater Management & Systems Plan This Wastewater Management & Systems Plan discussion is provided in accordance with Article 4 Section 4-203.N of the Garfield County Unified Land Use and Development Code and follows the outline provided therein. N1. Wastewater Management: a. Not Applicable. b. OWTS 1) The property was previously developed with a single-family residence and detached garage/shop being served by as separate individual sewage disposal system (ISDS) under Garfield County Permits #3889 and #SEPT-08- 09-1196. The system has operated without issue since installation and the tank is scheduled for pumping in April, 2022. Copies of the permits have been attached. 2) Soils for the existing system were tested by Hepworth-Pawlak Geotechnical Inc., Job No. 103 252, dated May 29, 2003. Percolation rates were found to be acceptable for wastewater disposal/treatment at 10, 12, and 20 min/in. A copy of the report has been attached. 3) The approximate location of the existing system is between the existing residence and the detached garage/shop. 4) Hepworth-Pawlak Geotechnical. Inc. (aka Kumar & Associates), is a qualified professional engineer. 5) A proposed management plan for operation and maintenance of on-site- systems has been attached. c. No new treatment facilities are proposed. d. The existing ISDS system will continue to be managed, maintained and repaired at the sole cost of the individual owner. e. Any future or replacement OWTS systems will be designed by a qualified professional engineer licensed by the State of Colorado and permitted with Garfield County. f. N/A g. The existing ISDS system will continue to be managed, maintained and repaired at the sole cost of the individual owner. h. Not Applicable. i. As discussed, the property will continue to be served by its own existing ISDS/OWTS system. Boundaries Unlimited Inc. understands that the system is operating satisfactorily. Any future system(s) will have to comply with County and State standards and regulations in force at the time of permitting. j. As discussed, the property contains an existing system permitted with Garfield County. 37.r10 nttU tPrepared by: Deric J. Walter, PE Boundaries Unlimited lnc. Acknowledged try Attachmentsr ISDSIOWTS l\tlaintenance and Management Plan. Permit #3889o Permit # SEPT-08-09-1196 Colleen Colborn Owner/Applicant Page | 2of2 &/$k &{u,+^,- Page | 1 of 2 ISDS/OWTS MAINTENANCE AND MANAGEMENT PLAN Colborn Minor Subdivision Garfield County, Colorado March 21, 2023 The Subsoil Study and Percolation Testing, prepared by Hepworth-Pawlak Geotechnical, Inc, Job No. 103 252, dated May 29, 2003 (attached to Permit #SEPt-09-09-1196) indicated that the subsoils, below about ½ foot of topsoil, generally consist of sandy silt and clay with occasional gravelly zones down to the maximum explored depth of 50-feet. No bedrock or groundwater was encountered. Percolation rates were found to be 10, 12 and 20 min/in. Any new Onsite Wastewater Treatment System (OWTS) installed within the Subdivision shall comply with current Garfield County OWTS Regulations and the following additional requirements: A. each system shall be designed by a professional engineer registered in the State of Colorado pursuant to Colo. Rev. Stat. §12-25-111 (1999); B. each system design shall adequately address the soil conditions present at the Lot site, which shall be verified through appropriate on-site testing by a professional engineer; C. each system shall be designed to adequately service the anticipated wastewater demand; D. the tops of all tanks or risers extending there-from shall be surface accessible to facilitate system maintenance, monitoring and inspections; E. absorption fields or trenches shall adhere to minimum setbacks as regulated by the Colorado Department of Health, Regulation No. 43 On-Site Wastewater Treatment System Regulation, most recent edition, or as established by Garfield County; F. proper mitigation (diversion) of drainage and flood irrigation for the absorption field or trench areas shall be included in the design and construction; G. each system shall be designed with sufficient area specifically allocated for a reserve leach field to ensure that a future replacement is possible. The reserve leach field shall meet the same design criteria as the primary field and shall not be constructed over with driveways, buildings or other permanent structures; and H. septic tanks shall be fitted with an effluent filter. Following OWTS installation, the Owner shall provide the Association (if one exists) and the Garfield County Community Development Department with as-built drawings in relation to the other improvements on the property, to scale, depicting the location and dimensions of the OWTS facilities including the absorption field and monitoring pipes, all applicable design, operation and maintenance specifications of the system's manufacturer and written certification from the design engineer that the OWTS was installed in conformance with the requirements above stated and all applicable design specifications of the manufacturer. In the event no Association exists or that the Association fails to properly implement and enforce the design and performance standards set forth in this paragraph, the Board of County Page | 2 of 2 Commissioners for Garfield County, Colorado and its duly authorized representatives and agents, shall have all the right to enter upon the property and implement and enforce such standards at the expense of the affected Lot Owner or exercise any other right or power afforded under this Restatement including, but not limited to, the initiation of appropriate proceedings in the District Court for Garfield County, Colorado, to compel enforcement of the same. This management plan is not intended to provide for common ownership of the ISDS(s)/OWTS(s) or to provide common funding for the construction, repair or replacement thereof. Such ownership and responsibility for construction, repair and maintenance shall remain with the Owner. A. In accordance with the above, the Lot Owner shall: 1. retain at all times, the services of qualified personnel to inspect the ISDS(s)/OWTS(s) and to perform all maintenance and repairs necessary to ensure that same are installed properly, remain in good operating condition and comply with the performance requirements set forth within; 2. inspect the operating components of each ISDS/OWTS within (30) days of being placed into operation; thereafter, each ISDS/OWTS shall be inspected every year and the septic tank pumped at the time that the solids (settled and floating) accumulate to a level of 20 percent of the effective capacity of the tank; and 3. maintain at all times written or other permanent records documenting the date each ISDS/OWTS was inspected or tested, the results of such inspections or tests and the extent of all maintenance and/or repairs performed. All documents maintained by the Lot Owner pursuant to this provision shall at all times be available for inspection by an authorized representatives of Garfield County. B. To encourage the health and longevity of the ISDS/OWTS system, the Owner shall consider the following; 1. Minimize the amount of water that goes down the drain, the better the system will work. 2. Minimize solids going down the drain. 3. Eliminate garbage disposals or keep the use of garbage disposals to a minimum. 4. Minimize grease and oils that go down the drain. 5. Use lint filters on laundry machine drains. 6. Keep sand and dirt out of the building drain. 7. Avoid flushing sanitary napkins or paper products other than toilet paper. 8. Do not use lye-based drain unclogging chemicals such as Draino, Oven-Off, or other strong cleaning agents 9. Do not put any “root deterrents” down the drain. 10. Do not pour paint thinner, pesticides, paints or photo lab chemicals down the drain 11. Minimize use of chlorine bleach and toilet additives. (adapted from The Septic System Owner’s Manual, 2000, Shelter Publications, Inc., Bolinas, CA 92924) C. The provisions of this ISDS/OWTS MAINTENANCE AND MANAGEMENT PLAN shall not be amended or repealed by the Owners without the written consent of the Board of County Commissioners for Garfield County, Colorado. GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT 109 8th Street Suite 303 Glenwood Sprlnga, Colorado 81601 Phone (303) 945·8212 INDIVIDUAL SEWAGE DISPOSAL PERMIT Permit N~ 3889 A11a1aor'1 Parcel No. This does not constitute a bulldlng or use permit. PROPERTY Owner's Nam,Ccfb.s, ')thrrvti-Co~\~. _/::Z!ft.~i_K~g;J System Location oi'b'\ I f!R__ p",} 5-4~7 163-m~ SYSTEM DESIGN Septic Tank Capacity (gallon) ______ ,Other Percolation Rate (minutes/inch) Number of Bedrooms (or other) ____ _ Required Absorption Area -See Attached Special Setback Requirements: Date _____________ Inspector ___________________________ _ FINAL SYSTEM INSPECTION AND APPROVAL (as installed) Call for Inspection (24 hours notice) Before Covering Installation ~ System Installer ~JCfl"E~ ~'WfjAtl(/ septic Tank capacity' ______ ,,.,s=}-11"'U:""'..,_ ___ _Jfrn'-l-~9"J:l_,,_,,_..,.o'""6./)u. 4"'------------------ Septic Tank Manufacturer or Trade Name------------------------------- Septic Tank Access within 8" of surface -------------------------------- Absorption Area _______________________________________ _ Absorption Area Type and/or Manufacturer or Trade Name-------------------------- Adequate compliance with County and State regulations/requirements _____________________ _ 0th••----------------~~~---------~--------------- Date _____________ lnspector_.:::1~3,,1;'..l'!:ilft~..,Lb::}__~~~.d._~i,,Lll.~c!._~~.l..!<!,,!,.¥-{l..~t£)1()'~ RETAIN WITH RECEIPT RECORDS AT CONSTRUCTION SITE~1'f4G CONDITIONS: 1. All installation must comply with all requirements of the Colorado State Board of Health Individual Sewage Disposal Systems Chapter 25, Article 10 C.R.S, 1973, Revised 1984. 2. This permit is valid only for connection to structures which have fully complied with County zoning and building requirements. Con- nection to or use with any dwelling or structures not approved by the Building and Zoning office shall automatically bea violation or a requirement of the permit and cause for both legal action and revocation of the permit. 3. Any person who constructs, alters, or installs an individual sewage disposal system in a manner which involves a knowing and material variation from the terms or specifications contained in the application of permit commits a Class I, Petty Offense ($500.00 fine -6 months in iail or both). White· APPLICANT Yellow -DEPARTMENT i INDIVIDUAL SEWAGE DISPOSAL SYSTEM APPLICATION OWNER. ___ ..pt~~.......Ltl:J:Jrzcz!~'.........,.--~~.--------~ ADDRESS. ___ ~'d.!!.._J;!. J,2¥.~~+ll.,fll,t.M2f;J,!,.~ CONTRACTOR._-A~LlJ4a...--,i(f:IJ.!.ez~1'.(Q~~::__~~~~~~~~ ADDRESS _ __.,.Uti..Jr2b.....(JLl.'&j!!.t'.ld:..kfJl!.µ~~l...A-~~ PHONE /o25-'f 667 PERMITREQUESTFOR ¥ NEWINSTALLATION ( )ALTERATION ( ) REPAIR Attach separate sheets or report showing entire area with respect to surrounding areas, topography of area, habitable building, location of potable water wells, soil percolation test holes, soil profiles in test holes (See page 4). Near what City ofTown1 __ JJ.:.~~----------: Legal Description or Address • "3 '2..- o ~ WAS TES TYPE: '0 DWELLING ( ) TRANSIENT USE COMMERCIAL OR INDUSTRIAL ( ) NON-DOMESTIC WASTES OTHER- DESCRIBE _______________ _ BUILDING OR SERVICE TYPE: _ __,Pc..~=="-'--'=>---' f2=~==· ~~----------Number of Bedrooms Number of Persons : 2...--=---f;, Garbage Grinder ~utomatic Washer Fshwasher URCEANDTYPEOFWATERSUPPLY: ( )WELL ( )SPRING ( ) STREAMORCREEK If supplied by Community Water, give name of supplier: /( ;}}.,_ 04 1JJ~ 1 DISTANCE TO NEAREST COMMUNITY SEWER svsfkM: ~· ~ oeo Was an effort made to connect to the Community System? (,/. M, A site plan is required to be submitted that indicates the folllwint: MINIMUM distances: Leach Field to Well: 100 feet Septic Tank to Well: 50 feet Leach Field to Irrigation Ditches, Stream or Water Course: 50 feet Septic System (septic tank & disposal field) to Property Lines: 10 feet YOUR INDIVIDUAL SEWAGE DISPOSAL SYSTEM PERMIT WILL NOT BE ISSUED WITHOUT A SITE PLAN. GROUND CONDITIONS: I Depth to first Ground Water;~~~ ' 3 ~ Percent Ground f :i TYPE OF INDIVIDUAL SEWAGE DISPOSAL SYSTEM PROPOSED: SEPTIC TANK ( ) AERATION PLANT ( ) VAULT VAULT PRIVY ( ) COMPOSTING TOILET ( ) RECYCLING, POTABLE USE PIT PRIVY ( ) INCINERATION TOILET ( ) RECYCLING, OTHER USE CHEMICAL TOILET( ) OTHER-DESCRIBE FINAL DISPOSAL BY: A ABSORPTION TRENCH, BED OR PIT ( ) EVAPOTRANSPIRATION UNDERGROUND DISPERSAL ( ) SAND FILTER ABOVE GROUND DISPERSAL ( ) WASTEWATER POND OTHER-DESCRIBE WILL EFFLUENT BE DISCHARGED DIRECTLY INTO WATERS OF THE STATE? ~ ---- PERCOLATION TEST RES ULTS: (To be completed by Registered Professional Engineer, ifthe Engineer does the Percolation Test) Minutes er inch in hole No. 1 ----~ Minutes er inch in hole No. 3 _____ _,. Minutes, ____ per inch in hole No. 2 Minutes er inch in hole No. Name, address and telephone ofRPE who made soil absorption tests: __,/l:f-'MB....,J .. ~=o:.""""......, ______ _ Applicant acknowledges that the completeness of the application is conditional upon such further mandatory and additional tests and reports as may be required by the local health department to be made and furnished by the applicant or by the local health department for purposed of the evaluation of the application; and the issuance of the permit is subject to such terms and conditions as deemed necessary to insure compliance with rules and regulations made, information and reports submitted herewith and required to be submitted by the applicant are or will be represented to be true and correct to the best of my knowledge and belief and are designed to be relied on by the local department of health in evaluating the same for purposes of issuing the permit applied for herein. I further understand that any falsification or misrepresentation may result in the denial ofthe application or revocation of any permit granted based upon said application din legal action for perjury as provided by law. Date <§; · I \ · 0 ~ CCURATE MAP TO YOUR PROPERTY!! 100-YR100-YR100-YR100-YR100-YR100-YR100-YR100-YR 100-YR100-YR100-Y R 100-YR100-YR100-YR100-YR100-YR 100-YR100-YR100-YR100-YR 100-YR100-YR100-YR100-YR100-YR100-YR20.00' 30.00' 15' CITY OF RIFLE PIPELINE RIGHT OF WAY EASEMENT BOOK 353, PAGE 301 50' PUBLIC ROAD DEDICATION BOOK 600, PAGE 482 & UTILITY LINE EASEMENT BOOK 742, PAGE 573 >>>>>> > > >>>>>>> > >>>>>>>>>>>>>>>>>>>>>CENTER OF SECTION 20 REBAR & CAP LS#15397 FOUND RAC LS#26626 POINT OF BEGINNING 10' PUBLIC ROAD DEDICATION BOOK 600, PAGE 482 15' DITCH EASEMENT RN 264953 N89° 28' 02"E 298.11' (TIE) NORTHWEST CORNER OF SW1/4NE1/4 SECTION 20 BRASS CAP 2177-212-00-400 2177-202-08-0012177-201-02-001 2177-202-00-006 2177-202-00-005 2177-202-00-0072177-202-09-0012177-202-05-0012177-201-01-002 2177-201-01-001 2177-201-00-004 2177-201-00-010 2177-201-02-002 Count y R o a d # 3 2 0 (60' R. O. W.)Village Drive(60' R.O.W.)2177-291-00-900 2177-201-00-0022177-202-08-003Winchester Street Remington Street Last Ch a n c e D i t c h 2177-201-00-011 2177-202-09-012SE 1/4 NE 1/4SW 1/4 NE 1/4 NW 1/4 SE 1/4 NE 1/4 SE 1/4 FOUND RC ILLEGIBLE FOUND RC ILLEGIBLE FOUND RAC LS#12029 FOUND NO.5 REBAR FOUND NO.5 REBAR Helmer Gulch Rifle Village South Subdivision Rolling Acres Subdivision EAST 1/4 CORNER SECTION 20 BRASS CAP BASIS OF BEARING N89° 28' 02"E 1175.61' N 4 5 ° 3 1 ' 2 1 " W 1 1 7 9 . 3 5 ' ( T I E )(RN245579)(RN227220)(RN275967)(RN275968)(RN550919)50' GAS LINE EASEMENT BOOK 849, PAGE 531 FOUND NAIL L1L2L3L4 L5 L6 L7L 8C1L9L10 L11 L12L13 L14 L15L16 L17 L18L19 C2 L22 C3L23 L20L21 (DEED S82°28'3 9 " W ) S82° 26' 51"E 599.56' (DEED 599.67') PRIOR TO BOUNDARY LINE ADJUSTMENT (RN740149)S26° 36' 10"W(DEED S26°36'11"W)75.00'S73° 49' 3 0 " W 610.26' S74° 49' 0 0 " W 277.29' S64° 1 7' 0 0" W 9 6 8. 0 0'S47° 50' 00"W 151.71'S48° 07' 00"W 547.03' S62° 4 1' 0 0" W 1 3 3. 0 0' N89° 52' 59"E 1384.72'S27° 56 ' 01 "E 152 .05 ' FEMA FLOODPLAIN (LOMR CASE NO. 18-08-0695P, EFFECTIVE DATE: FEB. 8, 2019) SW 1/4 NE 1/4 SE 1/4 NE 1/4 NE 1/4 NE 1/4NW 1/4 NE 1/4 00 150'300' Scale: 1" = 150' NORTH ByRevisionNo.Date923 Cooper Ave., Ste. 201 Glenwood Springs, CO 81601 (T) 970.945.5252 www.bu-inc.com Engineer or Surveyor Seal Sheet Client Information: PROJECT NO. File Name: Designer: Drafter: Date:N:\PROJECTS\2003\WillowRanch\dwg\03003-Exemption-Plat.dwg 2/28/2023 3:36 PMSubsurface Utility Engineering (SUE) Required Project: If "Yes", SUE Certification by: Firm: Job #: Date: 2/28/23 djw djw 03003-exemption-plat.dwg 03003 970.948.4937 Rifle, Colorado 81650 10889 County Road #320 Harry & Colleen Colborn Rifle, ColoradoReview Set: Do Not FileExemption PlatColborn Exemption1 No N/A N/A N/A PRELIMINARY PLAT COLBORN EXEMPTION A TRACT OF LAND SITUATED IN THE SW 1/4 NE 1/4 AND SE 1/4 NE 1/4 OF SECTION 20, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO NOTES 1. THE PURPOSE OF THIS PLAT IS TO CLASSIFY THE SUBJECT PARCEL AS A LEGAL PARCEL IN GARFIELD COUNTY, COLORADO. 2. BASIS OF BEARINGS: ALL BEARINGS BASED ON THE LINE BETWEEN THE CENTER OF SECTION 20 , A REBAR WITH CAP #15397 AND THE EAST 1/4 CORNER OF SECTION 20, A BRASS CAP HAVING A BEARING OF N89°28'02"E AS SHOWN HEREON. 3. DATE OF SURVEY: MARCH 2022. 4. UNITS OF LINEAR MEASUREMENT ARE DISPLACED IN U.S. SURVEY FEET. 5. THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY BOUNDARIES UNLIMITED INC. TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. BOUNDARIES UNLIMITED INC. RELIED UPON TITLE COMPANY OF THE ROCKIES, COMMITMENT NUMBER 1205246-C2, EFFECTIVE DATE APRIL 12, 2022, 7:00 AM. 6. THE PARCEL IS SUBJECT TO: a. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 11, 1921 IN BOOK 112 AT PAGE 538. b. ANY RIGHTS, INTERESTS OR EASEMENTS IN FAVOR OF THE STATE OF COLORADO, THE UNITED STATES OF AMERICA, OR THE GENERAL PUBLIC, WHICH EXIST OR ARE CLAIMED TO EXIST IN, OVER, UNDER AND/OR ACROSS THE WATERS AND PRESENT AND PAST BED AND BANKS OF THE HELMER GULCH. c. AN UNDIVIDED ONE-HALF (1/2) INTEREST IN OIL, GAS AND OTHER MINERAL RIGHTS, AS RESERVED BY GLENN L. ZASTROW AND EVA M. ZASTROW IN THE DEED RECORDED AUGUST 12, 1960 IN BOOK 329 AT PAGE 168, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. d. EASEMENT AND RIGHT OF WAY FOR ELECTRIC TRANSMISSION AND DISTRIBUTION LINE PURPOSES, AS GRANTED TO COLORADO-UTE ELECTRIC ASSOCIATION, INC., BY INSTRUMENT RECORDED SEPTEMBER 6, 1963 IN BOOK 352 AT PAGE 506, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED THEREIN. e. EASEMENT AND RIGHT OF WAY FOR PIPELINE PURPOSES, AS GRANTED TO CITY OF RIFLE, BY INSTRUMENT RECORDED OCTOBER 7, 1963 IN BOOK 353 AT PAGE 301, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED THEREIN. f. AN UNDIVIDED ONE-HALF (1/2) INTEREST IN OIL, GAS AND OTHER MINERAL RIGHTS, AS RESERVED BY S. W. ANDERSON AND LOLA MARIE ANDERSON IN THE DEED RECORDED SEPTEMBER 30, 1974 IN BOOK 465 AT PAGE 136, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. g. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS AS CONTAINED IN RESOLUTION NO. 94-091 RECORDED AUGUST 9, 1994 AT RECEPTION NO. 466958. h. EASEMENT AND RIGHT OF WAY FOR TELECOMMUNICATION LINE PURPOSES, AS GRANTED TO US WEST COMMUNICATIONS, BY INSTRUMENT RECORDED AUGUST 19, 1994 AT RECEPTION NO. 467470, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED THEREIN. i. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS AS CONTAINED IN RESOLUTION NO. 2003-87 RECORDED NOVEMBER 5, 2003 AT RECEPTION NO. 640191. j. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS AS CONTAINED IN CONTRACT TO PROVIDE SERVICES AND PRE-ANNEXATION AGREEMENT RECORDED DECEMBER 10, 2003 AT RECEPTION NO. 642635. k. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS AS CONTAINED IN BOUNDARY LINE ADJUSTMENT RECORDED DECEMBER 28, 2007 AT RECEPTION NO.740149 . l. EASEMENT AND RIGHT OF WAY FOR PIPELINE PURPOSES, AS GRANTED BY TO ETC CANYON PIPELINE, LLC, BY INSTRUMENT RECORDED JANUARY 8, 2009 AT RECEPTION NO. 761221, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED THEREIN. 7. ALL NOT-FOUND EXTERIOR AND INTERIOR LOT CORNERS, WITH EXCEPTION OF THOSE WITHIN HELMER GULCH, SHALL BE MONUMENTED BY A NO. 5 REBAR WITH A 1 1/2" ALUMINUM CAP STAMPED "BU-INC LS 25642". 8. FENCES SHOWN HEREON, IF ANY ARE SHOWN FOR GENERAL REFERENCE AND DO NOT NECESSARILY DEPICT LIMITS OF OWNERSHIP. 9. CONTROL OF NOXIOUS WEEDS IS THE RESPONSIBILITY OF THE PROPERTY OWNER. 10. 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 STOVES AND APPLIANCES. 11. 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. 12. 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. 13. ALL OWNERS OF LAND, WHETHER RANCH OR RESIDENCE, HAVE OBLIGATIONS UNDER STATE LAND 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 AND ACT AS GOOD NEIGHBORS AND CITIZENS OF THE COUNTY. A GOOD INTRODUCTORY SOURCE OF SUCH INFORMATION IS "A GUIDE TO RURAL LIVING & SMALL SCALE AGRICULTURE" PUT OUT BY THE COLORADO STATE UNIVERSITY EXTENSION OFFICE IN GARFIELD COUNTY. 14. THE MINERAL RIGHTS ASSOCIATED WITH THIS PROPERTY MAY NOT BE TRANSFERRED WITH THE SURFACE ESTATE, THEREFORE ALLOWING THE POTENTIAL FOR NATURAL RESOURCE EXTRACTION ON THE PROPERTY BY THE MINERAL ESTATE OWNER(S) OR LESSEE(S). 15. DOMESTIC DOGS KEPT ON THE PROPERTY SHALL BE IN A FENCED YARD OR ON A LEASH TO PREVENT HARASSMENT OF WILDLIFE, EXCEPT AS USED FOR LIVESTOCK CONTROL. 16. FENCING ON THE PROPERTY SHALL COMPLY WITH THE COLORADO PARKS AND WILDLIFE SPECIFICATIONS FOR WILDLIFE FRIENDLY FENCING. 17. DITCH OWNER(S) RIGHTS: COLORADO STATE STATUTES 37-86-102 PROVIDES THAT ANY PERSON OWNING A WATER RIGHT OR CONDITIONAL WATER RIGHT SHALL BE ENTITLED TO A RIGHT-OF-WAY THROUGH THE LANDS WHICH LIE BETWEEN THE POINT OF DIVERSION AND POINT OF USE OR PROPOSED USE FOR THE PURPOSE OF TRANSPORTING WATER FOR BENEFICIAL USE IN ACCORDANCE WITH SAID WATER RIGHT OR CONDITIONAL WATER RIGHT. ANY IMPACT, CHANGE OR CROSSING OF A DITCH SHALL REQUIRE APPROVAL FROM THE DITCH OWNER. 18. WILDFIRE PREVENTION GUIDELINES OF THE U.S.F.S. AND COLORADO STATE FORESTER SHALL BE INCORPORATED IN HOME CONSTRUCTION AND SITE PLANNING AND DESIGN. 19. A GEOLOGIC HAZARDS AND GEOTECHNICAL INVESTIGATION SHALL BE REQUIRED FOR ALL FUTURE IMPROVEMENTS REQUIRING A BUILDING PERMIT OR FURTHER SUBDIVISION. SUCH INVESTIGATION SHALL ADDRESS AT A MINIMUM THE POTENTIAL FOR HYDROCOMPACTIVE SOILS (SOILS EXHIBITING COMPRESSION OR COLLAPSE UNDER LOADING AND/OR WETTING), SEASONALLY SHALLOW GROUNDWATER AND PERCHED WATER, AND FLASH FLOODING AND EROSION ALONG HELMER GULCH. 19) ANY FUTURE GRADING OR BUILDING PERMITS REQUIRE A SITE-SPECIFIC SUBSURFACE INVESTIGATION, CONSISTING OF BORINGS OR TEST PITS, LABORATORY TESTING AND ANALYSIS, AND SITE-SPECIFIC GEOTECHNICAL RECOMMENDATIONS (FOUNDATION, FLOOR SYSTEM, SURFACE AND SUBSURFACE DRAINAGE, PAVEMENT, ETC.) TO BE SUBMITTED WITH THE PERMIT APPLICATION. 20) ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON CERTIFICATE OF DEDICATION AND OWNERSHIP (DEEDED) THE UNDERSIGNED HARRY AND COLLEEN COLBORN, BEING SOLE OWNER(S) IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN GARFIELD COUNTY, DESCRIBED AS FOLLOWS: A TRACT OF LAND SITUATED IN THE SW1/4NE1/4 AND THE SE1/4NE1/4 OF SECTION 20, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SECTION 20, A REBAR AND CAP FOUND IN PLACE AND MARKED L.S. #15397; THENCE NORTH 89°28'02" EAST 298.11 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF DOCUMENT NO. 264953 (AS FILED IN THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE). THE TRUE POINT OF BEGINNING: THENCE (BOUNDED ON THE NORTHWEST BY SAID DOCUMENT) NORTH 21°12'56" EAST 106.94 FEET; THENCE (BOUNDED ON THE NORTHWEST BY SAID DOCUMENT) NORTH 49°45'59" EAST 36.03 FEET; THENCE (BOUNDED ON THE NORTHWEST BY SAID DOCUMENT) NORTH 42°46'04" EAST 243.43 FEET; THENCE (BOUNDED ON THE NORTHWEST BY SAID DOCUMENT) NORTH 64°56'16" EAST 103.86 FEET; THENCE (BOUNDED ON THE NORTHWEST BY SAID DOCUMENT) NORTH 26°36'10" EAST 75.00 FEET; THENCE (BOUNDED ON THE SOUTH BY SAID DOCUMENT) NORTH 82°27'40" WEST 599.54 FEET TO A POINT ON THE EASTERLY LINE OF A 60.00 FOOT ROAD RIGHT OF WAY (DESCRIBED IN DOCUMENT NO. 245579 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE); THENCE ALONG SAID EASTERLY RIGHT OF WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 129.37 FEET AND A CENTRAL ANGLE OF 00°03'50" A DISTANCE OF 0.14 FEET, (CHORD BEARS NORTH 00°33'15" WEST 0.14 FEET); THENCE NORTH 00°31'21" WEST ALONG SAID EASTERLY RIGHT OF WAY 178.34 FEET TO A POINT ON THE SOUTHERLY LINE OF RIFLE VILLAGE SOUTH SUBDIVISION; THENCE (BOUNDED ON THE WEST BY RIFLE VILLAGE SOUTH SUBDIVISION) NORTH 00°31'21" WEST 230.00 FEET; THENCE (BOUNDED ON THE NORTH BY RIFLE VILLAGE SOUTH SUBDIVISION) NORTH 89°32'18" EAST 180.00 FEET; THENCE (BOUNDED ON THE WEST BY RIFLE VILLAGE SOUTH SUBDIVISION) NORTH 00°31'21" WEST 230.10 FEET TO THE SOUTHWEST CORNER OF DOCUMENT NO. 275967 (AS FILED IN THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE); THENCE (BOUNDED ON THE NORTH BY SAID DOCUMENT NO. 275967) NORTH 89°30'57" EAST 135.00 FEET TO THE SOUTHEAST CORNER OF SAID DOCUMENT NO. 275967, BEING ALSO THE SOUTHWEST CORNER OF DOCUMENT NO. 275968, AS FILED IN THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE (BOUNDED ON THE NORTH BY SAID DOCUMENT NO. 275968) NORTH 89°30'57" EAST 229.26 FEET; THENCE (BOUNDED ON THE WEST BY SAID DOCUMENT NO. 275968) NORTH 00°31'21" WEST 190.00 FEET TO A POINT ON THE NORTHERLY LINE OF SAID SW1/4 NE1/4 OF SECTION 20; THENCE NORTH 89°30'57" EAST ALONG SAID NORTHERLY LINE 1175.61 FEET TO THE INTERSECTION OF A NORTH-SOUTH FENCE LINE EXTENDED; THENCE SOUTH 03°24'56" EAST ALONG SAID FENCE LINE AND ALONG SAID FENCE 487.15 FEET, TO A POINT ON THE NORTHERLY LINE OF A 60.00 FOOT RIGHT OF WAY FOR COUNTY ROAD NO. 320; THENCE LEAVING SAID FENCE LINE SOUTH 62°03'58" WEST ALONG SAID NORTHERLY RIGHT OF WAY 604.17 FEET; THENCE ALONG SAID NORTHERLY RIGHT OF WAY ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 2113.24 FEET AND A CENTRAL ANGLE OF 05°20'34", A DISTANCE OF 197.06 FEET, (CHORD BEARS SOUTH 64°44'15" WEST 196.99 FEET); THENCE SOUTH 67°24'32" WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE, 286.11 FEET; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 788.74 FEET AND A CENTRAL ANGLE OF 40°23'21", A DISTANCE OF 556.01 FEET (CHORD BEARS SOUTH 47°12'51" WEST 544.57 FEET) TO A POINT ON THE SOUTHERLY LINE OF SAID SW1/4NE1/4 OF SECTION 20; THENCE LEAVING SAID RIGHT OF WAY SOUTH 89°28'02" WEST ALONG SAID SOUTHERLY LINE 130.35 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM: A PARCEL OF LAND SITUATED IN THE SE1/4NE1/4 OF SECTION 20, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL OF LAND LYING NORTH OF THE NORTHERLY LINE OF A 60 FOOT RIGHT OF WAY FOR COUNTY ROAD 320 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 20, A BRASS CAP FOUND IN PLACE; THENCE NORTH 45°31'21" WEST 1179.35 FEET TO A POINT ON SAID NORTHERLY RIGHT OF WAY, THE TRUE POINT OF BEGINNING; THENCE SOUTH 62°03'58" WEST ALONG SAID RIGHT OF WAY 109.91 FEET; THENCE LEAVING SAID RIGHT OF WAY NORTH 03°24'56" WEST 537.88 FEET TO A POINT ON THE NORTHERLY LINE OF SAID SE1/4NE1/4; THENCE NORTH 89°30'57" EAST ALONG SAID NORTHERLY LINE 100.13 FEET; THENCE SOUTH 03°24'56" EAST 487.15 FEET TO THE TRUE POINT OF BEGINNING. AND (AKA BOUNDARY LINE ADJUSTMENT (N740149) A TRACT OF LAND SITUATED IN A PARCEL OF LAND DESCRIBED IN BOOK 465 AT PAGE 136 IN THE RECORDS OF THE GARFIELD COUNTY CLERK AND RECORDER AND ALSO BEING SITUATED IN THE SW1/4 OF THE NE1/4 OF SECTION 20, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A REBAR AND CAP L.S. #26626 FOUND AT THE NORTHWESTERLY CORNER OF SAID PARCEL, ALSO BEING A POINT ON THE EASTERLY RIGHT OF WAY LINE OF A 60 FOOT ROAD RIGHT OF WAY, FROM WHICH THE NORTHWEST CORNER OF THE SW1/4NE1/4 OF SECTION 20, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARS N. 04°40'53" W. 830.61 FEET; THENCE S. 82°28"39" E. 599.67 FEET ALONG THE NORTHERLY LINE OF SAID PARCEL TO A POINT IN A GULCH KNOWN AS HELMER GULCH; THENCE ALONG SAID GULCH S. 26°35'11" W. 75.00 FEET; THENCE DEPARTING SAID GULCH N. 76°40'29" W. 293.93 FEET; THENCE N. 88°43'01" W. 176.44 FEET; THENCE S. 20°20'00" W. 63.51 FEET TO A POINT ON SAID EASTERLY RIGHT OF WAY; THENCE ALONG SAID RIGHT OF WAY THE FOLLOWING 2 (TWO) COURSES: 1) N. 41°58'00" W. 65.13 FEET; 2) THENCE 93.17 FEET ALONG AN ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 129.37 FEET, A CENTRAL ANGLE OF 41°15'30" AND SUBTENDING A CHORD BEARING N. 21°10'10" W. 91.16 FEET TO THE POINT OF BEGINNING. CONTAINING 29.516 ACRES, MORE OR LESS, HAVE BY THESE PRESENTS LAID OUT AND PLATTED THE SAME AS SHOWN ON THIS PLAT UNDER THE NAME AND STYLE OF COLBORN EXEMPTION, AN EXEMPTION PLAT OF LANDS IN THE COUNTY OF GARFIELD. THE OWNER(S) DO(ES) HEREBY DEDICATE AND SET APART ALL OF THE STREETS AND ROADS AS SHOWN ON THE ACCOMPANYING PLAT TO THE USE OF THE PUBLIC FOREVER, AND HEREBY DEDICATE(S) TO THE PUBLIC UTILITIES THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED AS UTILITY EASEMENTS ON THE ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES, IRRIGATION AND DRAINAGE FACILITIES INCLUDING, BUT NOT LIMITED TO, ELECTRIC LINES, GAS LINES AND TELEPHONE LINES, TOGETHER WITH THE RIGHT TO TRIM INTERFERING TREES AND BRUSH, WITH PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH LINES. SUCH EASEMENT AND RIGHTS SHALL BE UTILIZED IN A REASONABLE AND PRUDENT MANNER. ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTY OF GARFIELD. EXECUTED THIS DAY OF , A.D., 20 . OWNER: HARRY COLBORN 10889 COUNTY ROAD #320 RIFLE, CO 81650 OWNER: COLLEEN COLBORN 10889 COUNTY ROAD #320 RIFLE, CO 81650 STATE OF COLORADO ) : SS COUNTY OF GARFIELD ) THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS ____ DAY OF __________________, A.D., 20____, BY MY COMMISSION EXPIRES: WITNESS MY HAND AND OFFICIAL SEAL NOTARY PUBLIC (SEAL) Vicinity Map NORTHSURVEYOR'S CERTIFICATE I, STEVEN L. SMITH, 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 COLBORN EXEMPTION PLAT, AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME, OR UNDER MY SUPERVISION, AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF SAID SUBDIVISION 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 , 20 . PROFESSIONAL LAND SURVEYOR STEVEN L. SMITH , PLS 25642 FOR AND ON BEHALF OF BOUNDARIES UNLIMITED INC. COUNTY COMMISSIONERS' CERTIFICATE THIS EXEMPTION PLAT IS APPROVED BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, THIS DAY OF , A.D., 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 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 CLERK AND RECORDER'S CERTIFICATE THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO, AT ____ O'CLOCK _____, ON THIS _____ DAY OF , 20___, AND IS DULY RECORDED AS RECEPTION NO. _____________________. CLERK AND RECORDER BY DEPUTY COUNTY SURVEYOR'S CERTIFICATE APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS OR DRAFTING, PURSUANT TO C.R.S. § 38-51-101 AND 102, ET SEQ. DATED THIS _____ DAY OF , A.D., 20____. GARFIELD COUNTY SURVEYOR TITLE CERTIFICATE I, , AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF COLORADO, OR AGENT AUTHORIZED BY A TITLE INSURANCE 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 HARRY AND COLLEEN COLBORN, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES (INCLUDING MORTGAGES, DEEDS OF TRUST, JUDGMENTS, EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT), EXCEPT AS FOLLOWS: DATED THIS _____ DAY OF , A.D., 20_____. TITLE COMPANY: AGENT OR ATTORNEY COLORADO ATTORNEY REGISTRATION NO. CERTIFICATE OF TAXES PAID I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND ASSESSMENTS DUE AND PAYABLE AS OF , UPON ALL PARCELS OF REAL ESTATE DESCRIBED ON THIS PLAT ARE PAID IN FULL. DATED THIS _____ DAY OF , A.D., 20____. TREASURER OF GARFIELD COUNTY Site Interstate 7 0 Town of Silt LEGEND X PROPERTY LINE EASEMENT CENTERLINE EXISTING FENCE >>EX. FLOWLINE (DITCH OR GULCH) S OE OE EXISTING WATER MAIN/VALVE SECTION LINE T T G EX. TELECOMMUNICATIONS PEDESTAL EX. TELECOMMUNICATIONS MANHOLE EX. ELECTRIC TRANSFORMER EX. UTILITY POLE EX. WATER VALVE EX. GAS MARKER MONUMENT FOUND MONUMENT TO BE SET WITH THIS PLAT EX. SANITARY SEWER MANHOLE EX. WATER MANHOLEW 100-YR FEMA 100-YR FLOODPLAIN