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
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°
4
6
'
5
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E
4
5
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8
4
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S0
1
°
1
5
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"
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
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"
E
4
5
0
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6
3
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N
1
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°
5
2
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2
8
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W
4
5
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1
2
'
D=
N
0
0
°
1
7
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5
9
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W
4
3
8
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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