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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com VARIANCE APPLICATION > Street Address / General At., cact .° GENERAL INFORMATION (To be completed by the applicant.) Location of Property: tit t, 4'0 G.,... Pi tie Nadi Lot. ract o t r > Legal Description: Ate Atli. cLe1- > Existing Use of Property: > Descriptionlof Proposal: L.. tt ?_.,ec .n..1 -t4;,1 4 Lr; ,. -tarp er' 4„( ,ral.,ta An ...1a• 4,. LGSA MNS�I4 VTA h 1 1 „...17) Cira 10 a /N l�ldt..1 4441464.11.• > Name of Property Owner (Applicant): baa orr / V i I lnw•Th y > Address: ?so. !ja. iti Telephone:Met.) Ai3 t - trill > City: barini State: wt4-. Zip Code: Fq=Z4 FAX: > Name of Representative (if other than owner): JA -w, 1... Tpuler > Address: t7. o. \!)o -P VIA( Telephone: qhq - twa-t City: (Asemi,.1 Gtv. 4 State: to Zip Code: %ti,ot FAX: 1.44.'tit+ STAFF USE ONLY > Doc. No.: Date Submitted: TC Date: > Planner: Hearing Date: ). Zone District: Last Revised:02/2006 1 II. PROCEDURAL REQUIREMENTS (The following steps outline how the variance application review process works in Garfield County.) 1. Submit this completed application form (pages 1-3), base fee, and all submittal requirements to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical compliance. 2. Once the application is deemed is technically complete, the Staff Planner will send you a letter indicating the application is complete and will request additional copies for the board to review. In addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of Adjustment. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested variance. 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested variance and the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed variance and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described in the paragraph above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of Adjustment at the time and date of the public hearing at which time the Board will consider the variance request. In addition, the Applicant shall provide proof at the hearing that proper notice was provided. 5. Once the Board makes a decision regarding the variance request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. (Sign *' re of applicant/owner) Date 3 JOHN L. TAUFER & ASSOCIATES, INC. Landscape Architecture / Land Planning April 23, 2007 Garfield County Board of Adjustment 101 W. 8th Street Glenwood Springs, Colorado 81601 Re: Variance Request — Orr/Smith Property Dear Board Members, On behalf of Lacy Orr and Gil Smith, I am requesting approval of a variance to allow an existing single family residence to be located within the required 10 foot side -yard setback as established in the A/R/RD Agricultural/Residential/Rural Density zone district. Approval of the variance would allow Lacy Orr and Gil Smith to proceed with a land use application ( Subdivision Exemption) through Garfield County. During the course of the Orr/Smith Subdivision Exemption planning process, our surveyor ( SURVCO, Inc.) performed a boundary survey for the property. The boundary survey revealed that the westerly property boundary line is approximately seventy five (75) feet east of the presumed, historic property boundary line. The presumed boundary line is recognizable by a fence that delineates the boundary of the Orr/Smith property from Colorado State Division of Wildlife property. I have included Exhibits, in this application, to graphically portray the boundary line differences. As a result of the seventy five (75) foot property line discrepancy, the existing residential building structure is located 2.8 feet inside the property boundary and does not comply with the required ten (10) foot side yard building setback requirement in the A/R/RD zone district. In addition, a portion of a shed is situated on the adjoining property as well as the individual well serving the property. The residential structure was built in 1975, the shed was constructed in 1965 and the well was drilled in 1975. In discussing this situation with the current owner and his discussion with the previous owner, the property line was always assumed to be the existing fence. The property boundary relocation has created a situation where the shape and narrowness of the property has resulted in the residential structure being legal non -conforming. The strict application of the setback regulations would require the removal and relocation of the primary residence, the shed and the well serving the property. This would undoubtedly result in an exceptional hardship upon the owners of the property. 909 Colorado Avenue • Box 2271 • Glenwood Springs,C0 91602 (970) 945-1337 • FAX (970) 945-7914 Granting of the variance is the minimum necessary to alleviate the zoning violation and would allow the applicant to proceed with the pending Subdivision Exemption application. The subject property boundary line is located adjacent to public property ( Colorado State Division of Wildlife) and a utility easement that contains an AT & T carrier cabinet. Given the distance between the residence, easement and public lands, the building does not interfere with use of the public lands and therefore is not be a detriment to the public good. Relief of the setback regulation does not impair the intent and purpose of the general plan or this resolution. The positioning of the property improvements ( residence, shed and well ) was based on the presumed property boundary established by the previous owners. The hardship was not caused by the applicant but by previous owners. Your attention to this matter is greatly appreciated. Sincerely, John L. Taufer, Owners Representative N „00,0£06£ N i,00,6Zo6£ N i,00,T£o6£ N „00,0£06£ N,00,6306£ O O O N ORR/SMITH EXEMPTION Property Owners Within 200' of Property June R. Lloyd 5439 County Road 243 New Castle, Colorado 81647 Lonnie R., Alice J. & Stacey Stott 251 Emma Road Basalt, Colorado 81621 Daniel W & Lisa Jenkins 7129 County Road 312 New Castle, Colorado 81647 Donald Trish Jr, & Linda Lashley P.O. Box 290512 Kerrville, Texas 78029-0512 Garfield Creek, LLC c/o Foram Group 600 Brickell Avenue Ste. 800 Miami, Florida 33133 Bureau of Land Management P.O. Box 1009 Glenwood Springs, Colorado 81602 Colorado State Division of Wildlife c/o NW Regional Service Center 711 Independent Avenue Grand Junction, Colorado 81505 Sent By: John L. tauter & ASSOC.; 970-945.7014; Dec -19.06 18:15; Page 314 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shallbe .submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and (hereinafter APPLI( ANT) agree as follows: 1. APPL'CANT has sisbmined to COUNTY an application for c,,,;fin ;,,,•, r-..Ew-t an -c e- (hereinafter, THE PROJE 2. APPLICANT undo ds and 3grt s that Garfield Ccczty Resolution No. 98.09. as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee st-ucture.. 3. ,\nUC.ANT and COUNTY agree that because of the sir., 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, APPLICANT acres to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costa: to be biked to APPLICANT. APPLICANT agrees to make additional payments upon notiscauon by the COUNTY what] they are necessary as costs are incurred. 4. TLe Base Fes shall be x1 addition t0 and.euclusive of any cost for publication or cost of consulting service determined neoeasay by the Board of County Commissioners for the consideration of an application or additional COUNTY staff Arne cOucpcase opt covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICA`JT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned abrve APPLICANT acknowledges that all billing shall be paid prior to the final consideration b;'the COUNTY ofa.ty b'd use permit, zoning amendment, or subdivision plats. APPLICANT Priest Nuni1" Maw Adr cess: p i• •1912.0e4 `1 7 Page y MUM ;ntl_i_La 12/20/2806 11:24 770575754e, sent ay: „John L; Taufar 4 ASSOC.; ' flecember 1 8, 2006 r 11.1J• • 1CJW wwao ••••,,,PIP • ••• • • tiE. CO PCt3 iX 9.70.ii48,7014; OeCl2-06 i7:51; Fnd !arnica, Director • Garfield County Building and Planning Department Garfield County, Colorado • 111 W. 8`11 Street Glansvood Springs, Colortufia 81601 • RA: 'suer of Authorizigion - Orr/Smith Exernptioc Dear Fred, We. Lucy Otr and Gil Smith, hereby authorize John L. Tauter, Jahn L. Taufcr•& Associates, Inc. to act or our behalf regarding the Orr/Smith Exannfion Request. Gil Smith PACE 32 Not; 4/4 October 24, 2005 STEWART TITLE OF GLENWOOD SPRINGS, INC. 1620 GRAND AVENUE GLENWOOD SPRINGS, CO 81601 (970) 945-5434 FAX NO. - (970) 945-7081 ORDER NO. 05000929-C2 RE: 6640 COUNTY ROAD 312 HUFFMAN/ORR & SMITH Thank you For using Stewart Title! In connection with the above Order Number, please find attached the following: TITLE COMMITMENT AMENDED COMMITMENT _X_ ENDORSEMENT Please direct all CLOSING questions to: AMY CARTWRIGHT Phone: 970-945-5434 e-mail: amy.cartwright@stewart.com Please direct all TITLE questions to: MIRE WOODWARD Phone: 970-945-5434 e-mail: mike.woodward@stewart.com Buyer: LACY ORR VIA CLOSING Buyer: HOWARD G. SMITH VIA CLOSING Seller: RUTH E. HUFFMAN VIA CLOSING SCHEDULE B EXCEPTION DOCUMENTS HAVE BEEN SENT TO: LACY & HOWARD PLEASE READ CAREFULLY 1. This is a Commitment to issue one or more policies of title insurance in our Standard Form when the requirements set forth in the Commitment have been satisfied. 2. Only the policies shown are committed to. If there are any changes in the transaction, order an endorsement from us. Stewart Title reserves the right to add and/or delete requirements and/or exceptions accordingly. 3. The effective date on this Commitment is important. NOTHING after that date has been considered by ua. 4. This commitment is good for 6 months only. Extensions should be ordered from us if they are needed. SCHEDULE A Order Number: 05000929-C2 1. Effective date: September 19, 2005 at 8:00 A.M. 2. Policy or Policies to be issued: (a) A.L.T.A. Owner's (Standard) Proposed Insured: LACY ORR AND HOWARD G. SMITH (b) A.L.T.A. Loan Proposed Insured: (c) Leasehold Proposed Insured: Amount of Insurance $ 550,000.00 $ 3. The estate or interest in the land described or referred to in this Commitment and covered herein is fee simple 4. Title to the fee simple RUTH E. HUFFMAN estate or interest in said land is at the effective date hereof vested in: 5. The land referred to in this Commitment is described as follows: SEE ATTACHED LEGAL DESCRIPTION Purported Address: 6640 COUNTY ROAD 312 NEW CASTLE, CO 81647 STATEMENT OF CHARGES These charges are due and payable before a Policy can be issued. REISSUE RATE WILL BE APPLIED UPON PROOF OF PRIOR TITLE INSURANCE ISSUED WITHIN THE LAST FIVE YEARS Owners Premium $ 1293.00 Tax Certificate $ 20.00 rder Number: 05000929-c2 SCHEDULE A LEGAL DESCRIPTION THE S1/2 OF THE SE1/4 OF SECTION 30, TOWNSHIP 6 SOUTH, RANGE 90 WEST OF THE 6TH P.M. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL: THAT PART OF THE SE1/4SE1/4 OF SECTION 30, TOWNSHIP 6 SOUTH, RANGE 90 WEST OF THE 6TH PRINCIPAL MERIDIAN LYING WEST OF THE EAST LINE OF SAID SECTION 30 AND NORTHERLY OF THE COUNTY ROAD AS NOW CONSTRUCTED, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHERLY LINE OF SAID COUNTY ROAD WITH THE EAST LINE OF SAID SECTION 30, WHENCE THE SOUTHEAST CORNER OF SAID SECTION 30 BEARS SOUTH 30.0 FEET; THENCE S. 88°29' W. 174.64 FEET ALONG THE NORTHERLY LINE OF SAID COUNTY ROAD; THENCE N. 00°36' E. 102.1 FEET; THENCE N. 36°54' W. 160.8 FEET; THENCE N. 58°27' E. 316.9 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 30; THENCE S. 391.90 FEET, MORE OR LESS, ALONG SAID SECTION LINE TO A POINT ON THE NORTHERLY LINE OF SAID COUNTY ROAD, THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO Order Number: 05000929-C2 SCHEDULE 13 Section 2 The policy orcEXCEPTIONS tCoom to be issued will contain l• fights or claims of any possession, exceptions to the following unless the samethe satisfaction of he parties in are disposed of to not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in survey and ins boundary lines, inspection of the shortage in area, 4 premises would disclose and which notshown encroachments, and '�Y lien, or right to a lien, services, are not shown byany facts which a and not shown bylabor or the Public records, correct the public forocords. material heretofore or 5. Defects, liens, hereafter furnished, records encumbrances, adverse claims imposed by law or ens, enc subsequent ms or of record for value the es quent to the effective date hereof, butother s if tate or interest orprior fnY, cs ated,coo firstmappearing 6. Unpatented mortgage thereon covered by thisd date the proposed insured t minipublic water ng clr titj reservations acquires rights, claims is title to commitment. �' all unpaid s nand or exceptions in patents, oract authorizing the issuance thereof 7' Y and an taxes suanc 8' The effect 'of inclusio any assessments and any unredeemed sa/es. inclusions intax ea. service or street conservation or other general diatri°tlorcinclua conservancy, fire soil ar ight 9. therefrom the proprietor of a vein or ion in any water e Book 7eby 3 at should dthranted, as samme be in found to penetratee to eor irate remove the hie ore atreserved 144 as Reception United States Patent intersect Ption No, 81935, recorded premises 10. Holy Cross Electric March 3, 1923 in 11.82 t Reception Oil and Gas Lease 4r cad dge 1165 as cReception No. 21055 Easement recorded January 20, 1976 in Book pn s 28e re and February 3, thereof,any and all1978 1 or interest assignmentsn BOOk 505 and all ninten s therein; and er landof record,st s of 617 as Gas 12. Option60 aa to purchase Real Pr of record, or otherwise, thereof, Lor interests tere is the andsin ani, Reception aNa6lt Property recordedata therein. 29, 2003 in Book t0 October 15, 1523 at Pa Agreement to Extend 2002 in Book 13. Any Page 370 Option Te 1395 at Page forms adverse claim basedas Reception No. 637483 , recorded Sept pon the ma course sthn tr hereof; a or bank boundary anavigable assertion that for flies some portion of ember land b w the mean high water een ffected level le rightpertas, claims iO wetlands;or title ilr to) watergland to any llaw tic) the land me tal reg lat in the theor public's rights to use governmental waters. ject to water Continued on next page Continuation of Schedule B - Section 2 Order Number: 05000929-C2 14. Easement and Right of Way for County Road 312. JOHN L. TAUFER & ASSOCIATES, INC. Landscape Architecture / Land Planning May 14, 2007 David Pesnichak, Senior Planner Garfield County Building and Planning Department 108 W. 8`h Street Glenwood Springs, Colorado 81601 Re: Orr/Smith Variance — Supplemental Information Dear David, Please find attached the additional information you requested in your letter dated April 24, 2007. • Agreement to Pay Form • Letter of Consent Authorizing John L. Taufer & Associates, Inc. to represent the Owners • Copy of the Deed of Ownership In addition, you requested that we provide evidence that at the time the owners/builders had legitimate reason to believe that the property line is difference from where it has been recently surveyed and/or the BLM had adjusted their boundaries to create this non- conforming use. While I don't have any hard evidence that I did speak with the previous owner, Ruth Huffman, in order for her to shed some light on the subject. Her father, Ray Young, acquired the subject 80 acres from Hugh Duffy in approximately 1953 but had lived on the property prior to his purchase. Hugh Duffy homesteaded the property in 1887. Ruth grew up on the property, acquired the property from her father in 1975 and sold the property to Lacy Orr and Gil Smith in 2005. Her recollection of this situation places the property line where the existing fence line is located, approximately 75 feet west of the recently survey property line. While she didn't know when the fence line was installed, she can remember the fence was in place when she was a young child. While the age of the fence is unknown, it appears to be a very old fence. While I don't have any hard evidence that the existing fence line at one time represented the property boundary, this line was assumed by the previous property owners to be the 1 909 Colorado Avenue • Box 2271 • Glenwood Springs,C0 B1602 (970) 945-1337 • FAX (970) 945-7914 actual boundary. The residence, the shed and the well were all sited on the property assuming that the existing fence line was the western property boundary. While our recent survey places the property boundary approximately 75 feet to the east of fence line, the previous owner, Ruth Huffman, was very surprised to hear that the property line is located so far to the east of where she thought it was. While we don't know exactly what transpired so long ago, the new owner inherited this situation and did not create the hardship. If you have questions or need additional information, please do not hesitate to contact my office. Sincerely, John L. Taufer, Owners Representative 2 Sent By; .John L. Tauten & ASSOC.; 870.945.7914; GARFIELD COUNTY DOWDING AND PLANNING DEPARTMENT a May•14.07 11:00; Page 2/2 t AGREEMENT FOR PAYMENT FORM (Sha)l be rubmtmd with what/tog GARFIELD COUNTY (herelnafteriCOTJNTY) and L441 pre (hereinafter APPLICANT) agree as:tollows: I. AP LfANT has submitted w BOUNTY an applkatlon for -II.r-tsn&id At+ (hereinafter, THE PROJECT). 2. APPLICANT undera ands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for caohl'type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY a e that because of the size, nature or scope of the proposed project, it is not possible at this lime to In the &II extent of the costs involved in processing the application. APPLICANT agrees '% make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional coats to be billed to APPLICANT, APPLICANT agrees to mance additional payments upon notification by the COUNTY when they are necessary as emits are Incurred. 4. The Base Fee shalt; be in addition to and exclusive of any cost for publication or cost of consulting servioo determined neccs.sary by the Board of County Commissioners for the consideration of an application or additional COUNTYistaff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECTntenthoned'above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration byihe COUNTY of any land use permit, zoning amendment, or subdivision plan APPLICANT AK/ 1101.411. Sign :,'ire Date: S=/4©7 Are Print Nam Mailing ddress: a 2S7 0 «M.i'. Knit" 4 I�nn1 PI[ In 1 111111" 1 Orr f1TI I1H Tf11rl' 61111 10 01 111'1A' 111111 1 May 7. 2007 David Pesnichak, Senior Planner Garfield County Building attd Planning Department Garfield County, Coioradd, 108 W. Ba' Street Glenwood Springs, Colorado 81601 Re: Latter of Authorization — Orr/Smith Variance Dear David, We, Lacy Orr and nil SrniUh, hereby authorize John L. Tauter, John L. Tauter & Aisociaves, Inc. to act on opr behalf regarding the Orr/Smith side yard setback variance request. • Gil S P. 02 1 111111 11111 1111111 11111 1111 111111 11111 11111111 11111111 685559 11/01/2005 01:42P B1741 P545 M ALSDORF 1 of 3 R 16.00 D 50.00 GARFIELD COUNTY CO WARRANTY DEED TIIIS DEED, Made this 27 th day of October , 2005 ,between RUTH E. HUFFMAN of the said County of GARPIELD and State of COLORADO LACY ORR AND HOWARD G. SMITH whose legal address is 31.0 E. MAIN STREET CARTERSVILLE, GA 30120 of the said County of and State of GEORGIA grantor, and , grantee: ,$rte' oo 1 WITNESS, That the grantor, for and in consideration of the sum of Ten dollars and other good and valuable consideration DOLLARS, the receipt and sufficiency of which is hereby acknowledged. has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm. unto the grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy. all the real properly, together with improvements, if any, situate, lying and being in the said County of GARPIELD and State of Colorado described as follows: SEE EXHIBIT ^A" alsn known by street and number as: 6640 COUNTY ROAD 312, NEW CASTLE, CO 81647 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining. and the reversion and reversions, remainder and remainders. rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand what- soever of the grantor, either in law or equity, of. in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances. unto the grantee, his heirs and assigns forever. And the grantor. for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and wirh the grantee, his heirs and assigns, that al the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law. in fee simple. and has good right. full. power and lawful authority to grant, bargain. sell and convey the same in manner and form as aforesaid. and that the same are free and clear from all former and other grants, bargains, sales. liens, taxes, assessments, encumbrances and restrictions of whatever kind or name soever. except those specific Exceptions shown on the attached as "EXHIBIT 1". ' The grantor shall and will WARRANT AND FOREVER DEPEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set Porth above. State of COLORADO es County of GARFIELD The foregoing instrument was acknowledged before me this 27 th day of OC tober by RUTH E. HUFFMAN My commission expires uai/ Ve Ile No. 05000919 Stewart Tine at Olenwood Spiny, Inc. No. 921A WARRAMY DEED (To ISM Tenantg(Y9L ANEW) Rev. 1Pn 2005 111111111111111111 111111111 11111111111 11111111 1111111 685559 11/01/2005 01:42P 81741 P546 M RLSDORF 2 of 3 R 16.00 D 50.00 GARFIELD COUNTY CO EXHIBIT A Order Number: 05000929 LEGAL DESCRIPTION THE S1/2 OF TAE SE1/4 OF SECTION 30, TOWNSHIP 6 SOUTH, RANGE 90 WEST OF THE 6TH P.M. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL: THAT PART OF THE SSI/4SH1/4 OF SECTION 30, TOWNSHIP 6 SOUTH, RANGE 90 WEST OF THE 6TH PRINCIPAL MERIDIAN LYING WEST OF THE EAST LINE OF SAID SECTION 30 AND NORTHERLY OF THE COUNTY ROAD AS NOW CONSTRUCTED, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHERLY LINE OF SAID COUNTY ROAD WITH THE EAST LINE OF SAID SECTION 30, WHENCE THE SOUTHEAST CORNER OF SAID SECTION 30 BEARS SOUTH 30.0 FEET; THENCE S. 88°29' W. 174.64 FEET ALONG THE NORTHERLY LINE OF SAID COUNTY ROAD; THENCE N. 00°36' E. 102.1 FEET; THENCE N. 36°54' W. 160.8 FEET; THENCE N. 58°27' E. 316.9 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 30; THENCE S. 391.90 FEET, MORE OR LESS, ALONG SAID SECTION LINE TO A POINT ON THE NORTHERLY LINE OF SAID COUNTY ROAD, THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO 1 111111111111111111 111a 111111111111111 111 1111111111111 685559 11/01/2005 01:42P 81741 P547 M RLSDORF 3 of 3 R 16.00 0 50.00 GARFIELD COUNTY CO Exhibit "1" "general taxes for the year 2005 and subsequent years; and those specific exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Grantee(s) In accordance with Section 8a(Title Review) of the Contract to Buy and Sell Real Estate relating to the above described property; distribution utility easements (Including cable TV); those specifically described rights of third parties not shown by the public records of which Grantee has actual knowledge and which were accepted by Grantee(s) in accordance with Section 8b (Matters not shown by the Public Records) and Section 8c (Survey Review) of the Contract to Buy and Sell Real Estate relating to the above described real property, inclusion of the property within any special tax district; and, the benefit and burdens of any declaration and party wall agreements, If any." ?Ir_;Na=RING June 25, 2007 John L. Taufer & Assoc., Inc. 909 Colorado Avenue Glenwood Springs, CO 81601 An Employee -Owned Company Re: Maverick Ranch Boundary Survey HCE Job No. 92030.03 Dear John: LAND SURVEYING HCE performed a boundary survey on the Maverick Ranch in 1992 through 1994. After consulting with the BLM Surveyor, the position for the southeast comer of section 30 was double proportioned and set, and the south quarter corner of section 30 was single proportioned and set, as shown on the attached map dated August 8, 1994. These comer positions would have placed the westerly boundary of the Orr/Smith Exemption approximately 12 feet westerly of the existing house. In April of 1996, the BLM Surveyor requested that the southeast comer of section 30 be moved 33.76 feet easterly to line up with a fence running northerly. This moved the quarter comer 12.43 feet easterly and the south - center 1/16t comer (the northwest comer of the Orr/Smith Exemption) 9.23 feet easterly, putting the boundary within 2.8 feet of the existing house. Please contact me if you have any questions or additional comments. Sincerely, HIGH CO Frank Survey Enc. 1517 Blake \venue. Suite 11)1 Icmward Springs. Cl) 81601 fclepllone 070)045-N676 - Fax 1971))' 945-2555 14 Inverness Drive East Suite F-120 Englewood. CO 30112 felephone (303) 925.0544 - Fax (303) 925-0547