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HomeMy WebLinkAbout3.00 Conditions of ApprovalTERMINATION AND RELEASE OF EASEMENT KNOW ALL MEN BY THESE PRESENTS, that: WHEREAS, JAMES MATTHEW CALDWELL (“Caldwell”) is the owner of that certain property described in Deed recorded as Reception No. 708118 of the Garfield County, Colorado records (the “Caldwell Deed”), having a common address of 16478 Highway 82, Carbondale, Colorado 81623 (the “Caldwell Property”); and WHEREAS, HUNTER CREEK GROUP INC. is the owner of that certain property described in Deed recorded as Reception No. 922357 in the Garfield County, Colorado records, having a common address of 16480 Highway 82, Carbondale, Colorado 81623 (the “Hunter Creek Property”); and WHEREAS, the Caldwell Deed created a thirty (30) foot access easement (the “Access Easement”) across the Hunter Creek Property for the benefit and use of the Caldwell Property; and WHEREAS, Caldwell has agreed to terminate and release the Access Easement. NOW, THEREFORE, JAMES MATTHEW CALDWELL, for Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, does hereby release, remise and quitclaim to Hunter Creek Group Inc, all right, title and interest in and to the Access Easement created and described in the Caldwell Deed, hereby confirming the abandonment, release and termination of the Access Easement. Dated this _____ day of ______________, 2023. ___________________________________ James Matthew Caldwell STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this ____ day of __________________, 2023, by James Matthew Caldwell. Witness my hand and official seal. My commission expires:__________ ___________________________________ Notary Public \\C\Client\Caldwell, Jim\Termination of Easement.wpd TRUE NORTH COLORADO LLC. A LAND SURVEYING AND MAPPING COMPANY P.O. BOX 614 - 386 MAIN STREET UNIT 3 NEW CASTLE, COLORADO 81647 (970) 984-0474 www.truenorthcolorado.com DRAWN RPK SURVEYED SHEET 1 OF 2 TRUENORTH A LAND SURVEYING AND MAPPING COMPANY N NOTICE: 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. PROJECT NO: 2020-123 DATE: March 27, 2023 LDV VICINITY MAP TRANSFER PARCEL A (HUNTER CREEK GROUP TO JAMES M. CALDWELL TRANSFER PARCEL B (HUNTER CREEK GROUP TO RENE TORNARE) ORIGINAL FATHERING PARCEL (HUNTER CREEK GROUP, INC) ORIGINAL LOT A-CARLSON EXEMPTION (JAMES M. CALDWELL) RESULTING LOT A-CARLSON EXEMPTION (JAMES M. CALDWELL) ORIGINAL LOT B-CARLSON EXEMPTION (RENE TORNARE) RESULTING LOT B-CARLSON EXEMPTION (RENE TORNARE) RESULTING FATHERING PARCEL (HUNTER CREEK GROUP, INC) OWNER 'S ACKNOWLEDGEMENT (HUNTER CREEK GROUP, INC.) KNOW ALL MEN BY THESE PRESENTS, HUNTER CREEK GROUP, INC BEING THE OWNER(S) IN FEE SIMPLE OF THAT PARCEL OF LAND RECORDED IN RECEPTION NO. 922357 AS SHOWN HEREON DOES HEREBY ACKNOWLEDGE AND APPROVE THIS AMENDED PLAT OF CARLSON SUBDIVISION EXEMPTION. OWNER: HUNTER CREEK GROUP, INC 16568 WELLINGTON LAKES CIRCLE FORT MYERS, FL 33908   BY: __________________________________________________________ NAME:_______________________________________________________ TITLE:________________________________________________________ STATE OF ________________ ) )SS COUNTY OF _____________ ) THE FOREGOING OWNERS ACKNOWLEDGEMENT WAS ACKNOWLEDGED BEFORE ME THIS _______ DAY OF___________________________, 2023, BY __________________________________ AS _____________________ OF HUNTER CREEK GROUP, INC. MY COMMISSION EXPIRES:________________________ WITNESS MY HAND AND SEAL ___________________________________________________________________ NOTARY PUBLIC OWNER 'S ACKNOWLEDGEMENT (RENE TORNARE) KNOW ALL MEN BY THESE PRESENTS, RENE TORNARE BEING THE OWNER IN FEE SIMPLE OF LOT B OF RECEPTION NO. 314603 AS SHOWN HEREON DOES HEREBY ACKNOWLEDGE AND APPROVE THIS AMENDED PLAT OF CARLSON SUBDIVISION EXEMPTION. OWNER: RENE TORNARE 16704 HIGHWAY NO. 82 CARBONDALE, CO 81623   BY: __________________________________________________________ RENE TORNARE - OWNER STATE OF COLORADO ) )SS COUNTY OF GARFIELD ) THE FOREGOING OWNERS ACKNOWLEDGEMENT WAS ACKNOWLEDGED BEFORE ME THIS _______ DAY OF___________________________, 2023, BY RENE TORNARE AS OWNER. MY COMMISSION EXPIRES:________________________ WITNESS MY HAND AND SEAL ___________________________________________________________________ NOTARY PUBLIC OWNER'S ACKNOWLEDGEMENT (JAMES M. CALDWELL) KNOW ALL MEN BY THESE PRESENTS, JAMES M. CALDWELL BEING THE OWNER IN FEE SIMPLE OF LOT A OF RECEPTION NO. 314603 AND THAT PARCEL OF LAND RECORDED AS RECEPTION NO. 760763 AS SHOWN HEREON DOES HEREBY ACKNOWLEDGE AND APPROVE THIS AMENDED PLAT OF CARLSON SUBDIVISION EXEMPTION. OWNER: JAMES M. CALDWELL 16704 HIGHWAY NO. 82 CARBONDALE, CO 81623   BY: __________________________________________________________ JAMES M. CALDWELL - OWNER STATE OF COLORADO ) )SS COUNTY OF GARFIELD ) THE FOREGOING OWNERS ACKNOWLEDGEMENT WAS ACKNOWLEDGED BEFORE ME THIS _______ DAY OF___________________________, 2023, BY JAMES M. CALDWELL AS OWNER. MY COMMISSION EXPIRES:________________________ WITNESS MY HAND AND SEAL ___________________________________________________________________ NOTARY PUBLIC ORF R EV I E W COUNTY COMMISSIONER'S CERTIFICATE BASED UPON THE REVIEW AND RECOMMENDATION OF GARFIELD COUNTY DIRECTOR OF COMMUNITY DEVELOPMENT, THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, HEREBY APPROVES THIS AMENDED CARLSON SUBDIVISION EXEMPTION PLAT THIS _______ DAY OF _________________________, A.D., 2023, 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 PROVISIONS 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 SITUATED IN GOVERNMENT LOTS 4 & 5 OF SECTION 32, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH PM COUNTY OF GARFIELD, STATE OF COLORADO CARLSON SUBDIVISION EXEMPTION AMENDED FINAL PLAT OF LOTS A & B, CARLSON SUBDIVISION EXEMPTION AND BOUNDARY ADJUSTMENT MAP 660' WITNESS CORNER TO THE NW CORNER OF SECTION 32 FOUND LAVA STONE NORTH 1/4 CORNER SECTION 32 FOUND STONE 31 32 30 29 FOUND REBAR & 1" YELLOW PLASTIC CAP LS14111 S88°58'14"E 340.12' (BASIS OF BEARINGS) N88°58'14"W 2715.95' D = S 1 2 ° 5 7 ' 2 6 " E 4 5 1 . 2 4 ' S 1 1 ° 4 6 ' 5 7 " E 4 5 0 . 8 4 ' S0 1 ° 1 5 ' 4 3 " W 8 9 . 9 0 ' D= S O U T H 9 0 . 0 0 ' D=WEST 200.00' N88°50'57"W 199.91' N88°52'51"W 13.75' D=N88°49'31"W 13.80' S44°07'45"W 25.56' N6 2 ° 0 6 ' 0 3 " W 2 4 2 . 7 2 ' 143.34'104.47' D=S88°36'26"E 104.68' S0 3 ° 4 6 ' 5 8 " W 7 0 . 5 9 ' D = S 1 2 ° 5 8 ' 3 0 " E 4 5 0 . 6 3 ' N 1 1 ° 5 2 ' 2 8 " W 4 5 0 . 1 2 ' D= N 0 0 ° 1 7 ' 5 9 " W 4 3 8 . 9 2 ' N0 0 ° 5 3 ' 0 9 " E 4 3 7 . 8 3 ' S88°58'14"E 200.74' D=N89°49'14"E 200.00' 85 . 8 3 ' 15 6 . 8 9 ' D=WEST 301.40' N88°48'46"W 301.32' 53.51' S88°58'14"E 201.90' D=N89°49'14"E 202.49' 10.0' WITNESS CORNER FOUND REBAR & 1-1/4" ORANGE PLASTIC CAP LS-ILLEGIBLE 50.0' WITNESS CORNER FOUND NO. 5 REBAR FOUND REBAR & 1" YELLOW PLASTIC CAP LS14111 S88°54'11"E 659.72' S88°58'14"E 476.79' FOUND REBAR & 1-1/4" YELLOW PLASTIC CAP HCE PROP CORNER LS19598 POINT OF BEGINNING LOT A POINT OF BEGINNING LOT B L=60.05' R=173.18' CB=N35°44'17"W D=N35°44'02"W CH=59.75' D = N 5 1 ° 0 2 ' 1 4 " W 6 9 . 5 6 ' N 5 1 ° 0 2 ' 0 3 " W 6 9 . 5 8 ' FOUND REBAR & 1" YELLOW PLASTIC CAP LS14111 FOUND NO. 5 REBAR FOUND REBAR & 1-1/4" YELLOW PLASTIC CAP HCE PROP CORNER LS19598 FOUND NO. 5 REBAR WOOD FENCE POSTS FOUND REBAR & 1-1/4" YELLOW PLASTIC CAP HCE PROP CORNER LS38215 FOUND NO. 5 REBAR LOT A CARLSON EXEMPTION RECEPTION NO. 314603 JAMES M. CALDWELL TOTAL ADJUSTED AREA 2.658± ACRES WARRANTY DEED RECEPTION NO. 760763 BOUNDARY LINE ADJUSTMENT RECEPTION NO. 760893 TRANSFER PARCEL B HUNTER CREEK GROUP INC TO RENE TORNARE 5,224 SQ.FT. (0.120± ACRES) SAID PARCEL ADJUSTED BY VIRTUE OF BOUNDARY LINE ADJUSTMENT AFFIDAVIT RECEPTION NO.________________ TRANSFER PARCEL A HUNTER CREEK GROUP INC TO JAMES M. CALDWELL 5,224 SQ.FT. (0.120± ACRES) SAID PARCEL ADJUSTED BY VIRTUE OF BOUNDARY LINE ADJUSTMENT AFFIDAVIT RECEPTION NO.________________ OWNER HUNTER CREEK GROUP INC. RECEPTION NO. 922357 OWNER ERIC RUDD RECEPTION NO. 912458 OWNER MID-VALLEY BAPTIST CHURCH LOT C - CARLSON EXEMPTION RECEPTION NO. 314603 JOEL HOCKNELL RECEPTION NO. 734449 ROARING FORK RANCH, LLC RECEPTION NO. 913958 GOV'T LOT 4 GOV'T LOT 5 LOT B CARLSON EXEMPTION RECEPTION NO. 314603 RENE TORNARE TOTAL ADJUSTED AREA 2.655± ACRES 30' ACCESS EASEMEN T RECEPTION NO. 288 1 0 2 RECEPTION NO. 3255 9 5 POINT OF BEGINNING TRANSFER PARCELS FOUND REBAR & 1-1/4" YELLOW PLASTIC CAP LS-ILLEGIBLE TIE FROM NORTH 1/4 CORNER SECTION 32 BEARS:S78°54'25"W-2087.77' RESULTING FATHERING PARCEL TOTAL ADJUSTED AREA 4.804± ACRES N88°58'14"W 1496.40' FOUND REBAR & 1-1/4" YELLOW PLASTIC CAP HCE PROP CORNER LS19598 POINT OF BEGINNING FATHERING PARCEL S0 1 ° 1 0 ' 2 0 " W 6 9 4 . 7 5 ' FOUND REBAR & 1-1/4" YELLOW PLASTIC CAP HCE PROP CORNER LS19598 FOUND REBAR & 1-1/4" YELLOW PLASTIC CAP ILLEGIBLE FOUND REBAR & 1-1/4" YELLOW PLASTIC CAP HCE PROP CORNER LS19598 FOUND REBAR & 1-1/4" YELLOW PLASTIC CAP HCE PROP CORNER LS19598 FOUND REBAR & 1-1/4" YELLOW PLASTIC CAP HCE PROP CORNER LS19598 FOUND REBAR & 1-1/4" YELLOW PLASTIC CAP HCE PROP CORNER LS19598 IN FENCE LINE FOUND REBAR & 1-1/4" YELLOW PLASTIC CAP ILLEGIBLE N88°28'41"W 30.02' N79°06'01 " W 1 4 9 . 0 6 ' N85°21'36"W 48.45' N75°3 2 ' 4 8 " W 9 1 . 3 2 ' N78°15' 4 9 " W 7 2 . 9 9 ' N78°59' 3 9 " W 8 5 . 5 6 ' N0 1 ° 4 8 ' 4 3 " E 61 . 4 5 ' N04°38'58"W 7.24' ORIGINAL PROPERTY LINE ORIGINAL PROPERTY LINE 15' WIDE WATERLINE & WELL EASEMENT RECEPTION NO. 533988 15' WIDE OVERHEAD POWER LINE EASEMENT RECEPTION NO. 252622 15' WIDE OVERHEAD POWER LINE EASEMENT RECEPTION NO. 252622 COUNTY SURVEYOR'S CERTIFICATE APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS AND DRAFTING PURSUANT TO C.R.S., 38-51-101 AND 102, ET SEQ. DATED THIS ____________ DAY OF _________________________, 2023. BY:_________________________________________________________________ GARFIELD COUNTY SURVEYOR ORF R EV I E W NOTES: 1.BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF N88°58'14"W ALONG THE NORTH LINE OF SECTION 32 BETWEEN THE NORTH QUARTER CORNER A FOUND STONE AND THE NORTHWEST CORNER A REBAR & 1" YELLOW PLASTIC CAP LS14111 AS SHOWN HEREON. 2.DATE OF FIELD SURVEY: FEBRUARY & MARCH 2020. 3.LINEAR UNITS USED TO PERFORM THIS SURVEY WERE U.S. SURVEY FEET. 4.THIS SURVEY IS BASED ON THE DOCUMENTS RECORDED AS RECEPTION NO. 922357, RECEPTION NO. 760763, RECEPTION NO. 314603, RECEPTION NO. 841495 AND CORNERS FOUND IN PLACE AS SHOWN HEREON. 5.THIS PLAT DOES NOT CONSTITUTE A TITLE SEARCH BY TRUE NORTH COLORADO, LLC FOR ALL INFORMATION REGARDING EASEMENT, RIGHTS-OF-WAY AND/OR TITLE OF RECORD, TRUE NORTH COLORADO, LLC. RELIED UPON 6.THIS PLAT DEPICTS THE BOUNDARY LINE ADJUSTMENT BETWEEN LOTS A & B, CARLSON SUBDIVISION EXEMPTION AND THE NEIGHBORING PARCEL AS DESCRIBED IN THE BOUNDARY LINE ADJUSTMENT AFFIDAVIT RECORDED CONTEMPORANEOUSLY HEREWITH AS RECEPTION NO. ____________________________ OF THE GARFIELD, COLORADO RECORDS. TRUE NORTH COLORADO LLC. A LAND SURVEYING AND MAPPING COMPANY P.O. BOX 614 - 386 MAIN STREET UNIT 3 NEW CASTLE, COLORADO 81647 (970) 984-0474 www.truenorthcolorado.com PROJECT NO: 2020-123 DATE: March 27, 2023 DRAWN RPK SURVEYED LDV SHEET 2 OF 2 TRUENORTH A LAND SURVEYING AND MAPPING COMPANY 50' 25'100' SCALE: 1" = 50' N 0 NOTICE: 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. SITUATED IN GOVERNMENT LOTS 4 & 5 OF SECTION 32, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH PM COUNTY OF GARFIELD, STATE OF COLORADO CARLSON SUBDIVISION EXEMPTION AMENDED FINAL PLAT OF LOTS A & B, CARLSON SUBDIVISION EXEMPTION AND BOUNDARY ADJUSTMENT MAP SURVEYOR'S CERTIFICATE I, RODNEY P. KISER, 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 AMENDED FINAL PLAT OF LOTS A & B, CARLSON SUBDIVISION EXEMPTION AND BOUNDARY ADJUSTMENT MAP, 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 AMENDED FINAL PLAT AND BOUNDARY ADJUSTMENT MAP 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 , A.D., 2023. RODNEY P. KISER PROFESSIONAL LAND SURVEYOR COLORADO REGISTRATION NO. 38215 CLERK & RECORDER 'S CERTIFICATE THIS AMENDED PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO, AT ____ O'CLOCK _____, ON THIS ____ DAY OF , 2023, AND IS DULY RECORDED AS RECEPTION NO. ____________________________________. _________________________________________________________ CLERK AND RECORDER BY_______________________________________________________ DEPUTY 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., 2023. TREASURER OF GARFIELD COUNTY LIENHOLDER CONSENT THE UNDERSIGNED, ALPINE BANK, BEING THE BENEFICIARY UNDER THE DEED OF TRUST RECORDED AS RECEPTION NO. 942819, GRANTED BY HUNTER CREEK GROUP, INC, AS THE OWNER AGAINST THE REAL PROPERTY IN THIS AMENDED FINAL PLAT OF LOT A AND LOT B & BOUNDARY LINE ADJUSTMENT OF CARLSON SUBDIVISION EXEMPTION , CERTIFIES THAT THE UNDERSIGNED HAS REVIEWED THE FINAL PLAT AND BY THIS CERTIFICATION HEREBY CONSENTS TO SAID FINAL PLAT AND TO THE RECORDING THEREOF. DATE:________________________________________________ ALPINE BANK BY:_______________________________________________ _______________________________________________, AUTHORIZED AGENT STATE OF COLORAD ) ) SS COUNTY OF GARFIELD ) THE FOREGOING LIENHOLDER CONSENT WAS ACKNOWLEDGED BEFORE ME THIS _______ DAY OF________________________, 2023, BY___________________________________ AS AUTHORIZED AGENT FOR ALPINE BANK WITNESS MY HAND AND OFFICIAL SEAL _______________________________________________________ NOTARY PUBLIC TRANSFER PARCEL TITLE CERTIFICATE