Loading...
HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY IaECEI\ ...LDAPR 1 2 2005 Building & Planning Department COUNTY BUILDING & 108 8th Street, Suite 201 ARFIEWPLANNING Glenwood Springs, Colorado 81601 GARFIELD Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-countv.com Special Use Permit GENERAL INFORMATION (To be completed by the applicant.) D Street Address / General Location of Property:��44/ S 2.3 14 k,,., 1� t.'G V�v tcc� S p.� w S C -c) g l b "1 D Legal Description: Cok- 1 - Gc;.6oss EX evv17\ 0 a..4k G. e& > Existing Use & Size of Property in acres: a 04 a 2 1\c., e S D Description of Special Use Requested: D�k-y e` PiTiC,w tit t," ➢ Zone District: 2,2� r 1 > Name of Property Owner: lS o c_ 1. (2)c, o S 5 > Address: 24 ei b1 wt (0 Telephone: r 8 g - a,(03 > City: (s>(ev‘w, ack Spv\' sState: to Zip Code: g / Co1 FAX: 5cl S= o'7 o > Name of Applicant Of other than owner): D Address: Telephone: > City: State: Zip Code: FAX: > Doc. No.: STAFF USE ONLY Date Submitted: TC Date: D Planner Hearing Date: I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: /1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, i/ please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all ,/existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S. ✓ 1:24,000 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all mineral rights owners of the subject property and public and private landowners adjacent to your property (which should be delineated). In additional, submit a list of all property owners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. &..8' Submit a copy of the deed and a legal description of the subject property. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 8. Submit an statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; t,,,9.. Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.08], Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at http://www.garfield-countv.com/building and planning/index.htm or information can be obtained from this office L �0. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 4_t1. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS (The following steps outline how the Special Use Permit Application review process works in Garfield County.) 1. Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. In addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Special Use. (If Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use 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 special use 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 under paragraph (1) 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 County Commissioners at the time and date of the public hearing at which time the Board will consider the 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 Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. (Signature of applicant/owner) Last Revised: 11/07/2002 Ap,r41 12; 2005 Garfield County Planning and Zoning, I am applying for a special use permit for an accessory dwelling unit on my property located at 44523 Hwy 6, Glenwood Springs. Gabossi Exemption Plat — Lot 1. The A.D.U. would be accessed through the existing driveway, and would generate a maximum of 8 to 12 vehicle trips per day. There is an existing well on property that would provide water; see Well Permit and Well Pump Test. The structure to be constructed would be 1,500 sq. ft. or less. An individual sewage disposal system would be constructed. Sincerely, Roc A. Gabossi e n, OFFICE OF THE OTATE ENGINEER COLORADO DIVISION OF WATER RESOURC 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 APPLICANT LIC WELL PERMIT NUMBER 56101 -F DIV. 5 WD 39 DES. BASIN MD Lot: 2 Block: Filing: Subdiv: GABOSSINVAGNER EXEMPTION APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 NW 1/4 Section 35 Township 5 S Range 90 W Sixth P.M. DISTANCES FROM SECTION LINES ROCKY GABOSSI 1125 PALMER GLENWOOD SPRINGS, CO 81601- (970) 945-9673 PERMIT TO CONSTRUCT A WELL 1250 Ft. from North 960 Ft. from West UTM COORDINATES Northing: Section Line Section Line Easting: i ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) on the condition that this well is operated in accordance with the Bowles, Dorothy L Estate Augmentation Plan approved by the Division 5 Water Court in case no. 97CW162. If this well is not operated in accordance with the terms of said decree, it will be subject to administration including orders to cease diverting water. 4) Approved as a well on a residential site of 2.77 acre(s) described as lot 2, GabossiNVagner Exemption, Garfield County. This well is identified as the Bowles Well no. 2. The use of ground water from this well is limited to ordinary household purposes inside one single family dwelling. The ground water shall not be used for irrigation or other purposes. 6) The maximum pumping rate of this well shall not exceed 15 GPM. 7) The annual amount of ground water to be appropriated by this well (Bowles Well no. 2) shall not exceed 0.39 acre-feet. Additionally the combined annual amount of ground water to be appropriated by the Bowles Well nos. 1 through 6 shall not exceed 11.72 acre-feet. 8) The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 9) This well shall be constructed not more than 200 feet from the location specified on this permit. 10) Totalizing flow meters must be installed on this well (Bowles Well no. 2) and the Bowles Well nos. 1, 3, 4, 5 & 6 and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 11) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. NOTE: Parcel Identification Number (PIN): 23-2123-352-00-126 9— 2--'--' NOTE: Assessor Tax Schedule Number: 040337 (totaling 59.810 acres) /F'r---15c<24.1-20 7 APPROVED DMW LJ, State Engineer OCT 0 4 2001 EXPIRATION DAT@ Receipt No. 9500723 DATE ISSUED T 0 4 2002 &Aptclump Conp 8611 Caunt*y 117 Venwoa l Springe CO 81601 ✓ cne: 970-945-6159 Celt: 970-948-6159 .rtaa: 970-945-6159 Well Test TO: Rocky Gabossi 44523 Hwy 6 Glenwood Spgs, Co. 81601. DATE: August 19, 2002 RE: Well Test Attn: Rocky, A four hour well test was performed on a new well located at the above address The following results were obtained: Well Depth: 250' Static Water Level: 7' measured from top of casing Drawdown: 29' Sustained Yield: 15 GPM Clarity: Clear Recovery: 95% within 15 minutes Comments: This well test displays the adequacy for three Single family dwellings to share this well Water Samples: State Standards Water Test If you have any questions, please call Rick, 945-6159. J&M1?uinpCo. Richard A. Holub Lic. No. 1196 - IS NORTH AVENUE Received from: JRAN JOHN C. KEPHART & CO. JUNCTILA- ATO =I'ES FAX (970) 243 7235 ♦ ORANO JUNCTION. COLORADO 01501 ♦ VNONE: (970) 242-7616 — ANALYTICAL REPORT — J & M Pump Co. cc: Rick (970)945-6159 2611 - 117 Road Glenwood Springs, CO 81601 cc: 0104, 0263 Cuatnmer No. Laboratory No. Precision Cut & Design 5403 C Rd. 154 Glenwood Springs, CO 21601 970-947-0020, FAX 947-9634 Gabossi FAX 945-0212 water Sample 8/23/02, 9/6/02 Date Received Dab Reporbd Sample Total Suspended Solids Nitrate(N) Nitrite(N) Sample 0104 Gabossi Well 42 received 2/23/02 <5 0.34 0.00 mg/1 mg/1 mg/1 (<0.01) 0263 Gabossi We11 42 received 9/6/02 Total Coliform Bacteria 0 colonies/100m1 TSS Nitrate Nitrite TCB Method EPA 160.2 ASTMD3867-909 ASTMD3867-908 SM 92228 (MF) 9/10/02 Date tested 8/29/02 8/27/02 8/23/02 9/6/02 Director: 6. Bauer �o. OFFICE OF THE STATE ENGINEER APPLICANT \`l!'k COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 , (303) 866-3581 LtC WELL PERMIT NUMBER 56101 -F DIV. 5 WD 39 DES. BASIN MD Lot: 2 Block: Filing: Subdiv: GABOSSI/WAGNER EXEMPTION APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 NW 1/4 Section 35 Township 5 S Range 90 W Sixth P.M. DISTANCES FROM SECTION LINES ROCKY GABOSSI 1125 PALMER GLENWOOD SPRINGS, CO 81601- 1250 Ft. from North 960 Ft. from West (970) 945-9673 UTM COORDINATES PERMIT TO CONSTRUCT A WELL Northing: Section Line Section Line Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) on the condition that this well is operated in accordance with the Bowles, Dorothy L Estate Augmentation Plan approved by the Division 5 Water Court in case no. 97CW162. If this well is not operated in accordance with the terms of said decree, it will be subject to administration including orders to cease diverting water. 4) Approved as a well on a residential site of 2.77 acre(s) described as lot 2, GabossiANagner Exemption, Garfield County. This well is identified as the Bowles Well no. 2. 5) The use of ground water from this well is limited to ordinary household purposes inside one single family dwelling. The ground water shall not be used for irrigation or other purposes. 6) The maximum pumping rate of this well shall not exceed 15 GPM. 7) The annual amount of ground water to be appropriated by this well (Bowles Well no. 2) shall not exceed 0.39 acre-feet. Additionally the combined annual amount of ground water to be appropriated by the Bowles Well nos. 1 through 6 shall not exceed 11.72 acre-feet. 8) The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 9) This well shall be constructed not more than 200 feet from the location specified on this permit. 10) Totalizing flow meters must be installed on this well (Bowles Well no. 2) and the Bowles Well nos. 1, 3, 4, 5 & 6 and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 11) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. NOTE: Parcel Identification Number (PIN): 23-2123-352-00-126 T� '✓ NOTE: Assessor Tax Schedule Number: 040337 (totaling 59.810 acres) /P' i(/%» APPROVED DMW Receipt No. 9500723 State Engineer DATE ISSUED OCT 0 4 2001 By XPIRATION DAT@ C T 0 4 2002 ec, RE -FIVE') MAY 1 7 2005 .. . �ILLUING&NA r Sett -V® be e a. to t V cE4 asefr. _-. t 0 hz S at B ©v Pr.ec+ . Act' PRODUCT 20.1 {We Sheet/205-10014 Oen enem FORM NO. GWS -11 uyfSs STATE OF COLORADO OFFICE OF THE STATE ENGINEER 818 Centennial Bldg.. 1313 Sherman St., Denver, Colorado 80203 (303) 866.3581 r%. •' 8vars_.> For Office Use only RECE RECEi WED a 20 '01 WATER rL=SC... STA TE EN<;:,,.: ' E"`" `' RECEIVEC 2 5 2�Gi wn_, n STAT R EN CNE COLOWEE ex,0°111.(46 7 1 P1310Ft TO COMPLETING FORM, SEE INSTRUCTIONS ON REVERSE SIDE CHANGE IN OWNERSHIP/ADDRESS / LOCATION WELL PERMIT, LIVESTOCK TANK OR EROSION CONTROL DAM 1. NEW OWNER GABOSSI NAME(S) MAR.Y....ANN....GARQSSI....AND...ROCKY Mailing Address 44523 HIGHWAY 6&24 City, st. Zip GLENWOOD SPRINGS, CO 81601 Phone (,,.) 2. THIS CHANGE IS FOR ONE OF THE FOLLOWING: WELL PERMIT NUMBER 52966 LIVESTOCK WATER TANK NUMBER EROSION CONTROL DAM NUMBER rAPR I X- — 3. WELL LOCATION: COUNTY GAREI ELD OWNER'S GLENWOOD WELL SPRINGS (City) Line, 2010.11 Biock DESIGNATION BCWLES CO (State) WELL 81601...... PO 6th P.M. 44523...H.IGHWAY 6&24 (Address) NW 1/4 of the 1/4, Sec. 35 Twp,,S......... Distances from Section Lines Ft. from N.00rES.,Range 90 ❑'E.or (n W. .,Ir N. or I 1 S. C ( Ft. from _ E. Filing (Unit) or X W. Une. Subdivision, ... Lot 4. LIVESTOCK TANK OR EROSION CONTROL DAM LOCATION: COUNTY C F. or C W. P.M. or [1 S., Range 1/4, Sec. Twp ^ N. 5. The above listed owner(s) say(s) that he (they) own The existing record is being amended for the following the structure described herein. reason(s): in mailing address. ❑ Correction of location. Change in name of owner. I Change G. I (we) have read the statements made herein, know the contents thereof, and state that they are true to my (our) knowledge. [Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury in the second degree and is punishable as a class 1 misdemeanor. Name/Title (Please type or print) MARY ANN GABOSSI ROCKY GABOSSIGar-31-Th Signatur> :.. f /�� '% Date a /�� 1i-1"8.-ct FOR OFFF ONLY ACCEPTED ASA CHANGE IN OWNERSHIP AND/OR MAILING ADDRESS. at, .4,4 q - 24 - 01 ite z State Engineer Court Case By Date No. Div. .9 Co. WD .3/ Basin MD Use 7535 2"//,-).; 70 7 6000 • 565;. y 0 � 2 0 111111 1111 111111 11 111111 111111 1111 11 1111111111111 622109 03/04/2003 02:14P 61442 P921 M ALSDORF 1 of 16 R 81 00 D 0 00 GARFIELD COUNTY CO irR thaw Return To: WELLS FARGO HOME MORTGAGE, INC. 3601 MINNESOTA DR. SUITE 200 BLOOMINGTON, MN 55435 Prepared By: WELLS PARGO HOME MORTGAGE, INC. 2808 NORTH AVE„ GRAND JUNCTION, CO 815010000 DEFINITIONS [Space Above This Line For Recording Data( DEED OF TRUST Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated FEBRUARY 26, 2003 together with all Riders to this document. (B) "Borrower" is ROC ANTHONY GABOSS' AND MARY MN GABOSSI, HUSBAND AND WIPE Borrower is the trustor under this Security Instrument. (C) "Lender" is WELLS PARGO HOME MORTGAGE, INC. Lender is a CORPORATION 0015819398 COLORADO -Single Family-Faanni Mae/Freddio Mao UNIFORM INSTRUMENT 04-6(001 Mogi �VMPMOarGAGErOflMS-MD0)62t-7281 IIIJ N I IIII)I 1!IIIIILI Form 3006 1/01 �2� it 0 11111111111111111111111111111111111111111111M111111 622105 03/04/2003 02:14P 61442 P936 M RLSDORF 16 of 16 R 81.00 D 0.00 GARFIELD COUNTY CO EXHIBIT A A TRACT OF LAND SITUATED IN THE NW1/4 OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 90 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, BEGINNING AT A POINT FROM WHICH THE NORTH 1/4 CORNER OF SAID SECTION 35 BEARS N 45 DEGREES 21' 31" E 855.56 FEET, SAID NORTH 1/4 CORNER BEING AN IRON PIPE WITH AN ALUMINUM CAP, PLS N0. 15710; THENCE S 26 DEGREES 31' 06" E 55.72 FEET; THENCE 8 26 DEGREES 11' 52" W 62.99 FEET; THENCE S 11 DEGREES 39' 34" W 51.69 FEET; THENCE S 37 DEGREES 28' 23" W 80.15 FEET; THENCE 5 49 DEGREES 48' 42" W 68.45 FEET; THENCE 8 22 DEGREES 37' 14" W 167.65 FEET; THENCE S 04 DEGREES 15' 08" E 209.64 FEET; THENCE 8 40 DEGREES 24' 52" W 63.16 FEET; THENCE S 23 DEGREES 42' 17" W 160.96 FEET; THENCE S 34 DEGREES 01' 36" W 250.32 FEET; THENCE 8 28 DEGREES 03' 51" E 69.80 FEET; THENCE S 02 DEGREES 38' 42" W 276.57 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF STATE HIGRWAY 6 AND 24; THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING 5 COURSES: 1) THENCE 358.13 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 2010.00 FEET, A CENTRAL ANGLE OF 10 DEGREES 12' 31" AND SUBTENDING A CHORD WHICH BEARS N 72 DEGREES 17' 01" N 357.65 FEET; 2) THENCE S 13 DEGREES 12' 00" W 50.00 FEET; 3) THENCE 270.72 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1960.00 FEET, A CENTRAL ANGLE OP 07 DEGREES 54' 49" AND SUBTENDING A CHORD WHICH BEARS N 81 DEGREES 21' 35" W 270.50 FEET; 4) TRENCE N 85 DEGREES 19' 00" W 368.00 FEET; 5) THENCE 109.74 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 5680.00 FEET, A CENTRAL ANGLE OF 01 DEGREES 06' 25" AND SUBTENDING A CHORD WHICH BEARS N 84 DEGREES 45' 48" W 109.74 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY N 23 DEGREES 00' 10" 8 85.51 FEET; THENCE N 33 DEGREES 41' 22" E 273.31 FEET; THENCE N 10 DEGREES 41' 01" E 126.20 FEET; THENCE N 18 DEGREES 00' 46" E 102.71 FEET; THENCE S 79 DEGREES 05' 06" E 44.25 FEET; THENCE N 87 DEGREES 14' 08" E 373.76 FEET; THENCE S 83 DEGREES 55' 42" E 116.11 FEET; THENCE N 45 DEGREES 21' 31" E 1000.98 FEET TO THE POINT OF BEGINNING. ALSO KNOWN AS: LOT 1 GABOSSI EXEMPTION PLAT RECORDED FEBRUARY 11, 2003 UNDER RECEPTION NO. 620584. COUNTY OF GARFIELD STATE OF COLORADO GTF239786 1111111 ° 111111111111111111111111111111111111111111111111 622109 03/04/2003 02:14P 81442 P922 N ALSDORF 2 of 18 R 81.00 D 0 00 GARFIELD COUNTY CO organized and existing under the laws of THE STATE OF CALIFORNIA Lender's address is P-0. BOX 10304, DES MOINES, IA 503060304 Lender is the beneficiary under this Security Instrument. (ire' (D) "Trustee" is the Public Trustee ofH*.SSE 61 Y' County, Colorado. (E) "Note" means the promissory note signed by Bo er and dated FEBRUARY 26 , 2003 The Note states that Borrower owes Lender THREE HUNDRED TWENTY THOUSAND AND 00/100 Dollars (US. $ ****3 2 0, 000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than MARCH 01, 2033 (F) "Property" means the property that is described below under the beading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (8) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider 1 1 Condominium Rider Balloon Rider Planned Unit Development Rider VA Rider L.J Biweekly Payment Rider Second Horne Rider 1-4 Family Rider Other(s) [specify] (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non -appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instinct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous P.oceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security instrument, (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to Cit -6t00) 100051 Pagel of '5 form 3006 1/01 1111111 111111111111111111111111111111111111111111111111 622109 03/04/2003 02:14P 81442 P923 M ALSDORF 3 of 16 R 61.00 D 0 00 GARFIELD COUNTY CO time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the t�Out [Type of Recording Jurisdiction] ofF.A6HE )J V 1(� [Name of Recording Jurisdiction]: SEE ATTACH D GAL DESCRIPTION TAX STATEMENTS SHOULD BE SENT T0: WELLS FARGO HOME MORTGAGE, INC., P.O. BOX 10304, DES MOINES, IA 503060304 Parcel IP Number: which currently has the address of 44523 HWY 6 [sem] GLENWOOD SPRINGS [City], Colorado 81602 [Zip Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on die property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record and liens for taxes for the current year not yet due and payable. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. (4j ®61Coy tower Pepe 9 al 15 Form 3006 1101 11111111111111111111111111111111111111111 11111 1111 111 422109 of 16 RI81/2093 00 D 02004P 91442 GARFIELDP924 fl 000NTYCODORF UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and m the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shalt be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Cy •etem imam Papa 4 al 16 Form 9006 1 /01 1111111 11111111111 1111111111 111111 11111 11111111 11111111 622109 03/04/2003 02:14P B1442 P925 M ALSDORF 5 of 16 R 61.00 D 0 00 GARFIELD COUNTY CO Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Ponds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall famish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RBSPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless O50-6{CO) (00051 Page 6 o115 wawa—ri,_ orm 3006 1101 1 111111 11111 111111 111 1111111 111111 11111 111 1111 1111 1111 622109 03/04/2003 02:14P 61442 P926 M ALSDORF 6 of 16 R 81.00 D 0 00 GARFIELD COUNTY CO Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures front the holder of the lien an agmement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the action set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the ®®6(OO) 10006t Page 8 of 16 ;9 Form 3006 1/01 111111111 11111III 111111111111111111 111 1111111111111 622109 03/04/2003 02:14P 61442 P927 M IILSDORF 7 of 16 R 81 00 D 0 00 GRRFIELD COUNTY CO work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available instuance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier bas offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of uneamed premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) iu curnteetion with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 4:1>-6(CO) moos) Page 7 of 16 Wtia'rY'Yt& t v omi 3006 1/01 11111111111111111111111111111111111111111111111)1(11111 622109 03/04/2003 02:14P 81442 P928 M ALSDORF 8 of 16 R 81 00 D 0 00 GARFIELD COUNTY CO 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which bas priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees m protect its interest in the Property andlor rights under this Security Instnunent, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off, Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authonzed under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment, If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shalt not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source -61C0) 10006) Page 8 of 15 InItidectaaag Form 3006 1/01 1111111 111111 111 11111 111111 11111 111 11111 111I 1111 622109 03/04/2003 02:14P 81442 P929 M ALSDORF 9 of 16 R 81.00 D 0 00 GNRFIELD COUNTY CO of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or night be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. if such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. I1. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work bas been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property inunediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the suras secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date tite notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. ®m 6100) moos) Pag. 9 of 16 wades _d..C, Form 3006 1101 1 111111 0111 111111 1111111111111111 11111 111 111111 111 1111 622109 03/04/2003 02:14P 61442 P930 M RLSDORF 10 of 16 R 81.00 D 0.00 GRRFIELD COUNTY CO Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration bas occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender, All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer'): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits ander this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such Ioan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower, Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's ©.6(CO) (0005) Pyre 10 of 15 im,ua lacks i Form 3006 1101 1111111111111111111111111111111111111111111111111111111 822109 03/04/2003 02;14P 81442 P931 M ALSOORF 11 of 16 R 81.00 D 0.00 GARFIELD COUNTY CO notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender, Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required. under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument ur the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Burrower at a future date 10 a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instnunent discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and Ole Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of pmtecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require That Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) 12) 6(00) mom Initiate ( 1 iag-. Pis 11 or 1s Farm 3006 1101 1 11111111111 111111 I 1111111 111111 11111 III 111111 111 1111 P932 11 ALSOORP 12 of 16 R 81.00 0 0.00 GARFIELD COUNTY CO certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (4) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding rwo sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any ( ®6too) boos) Page 12 of 16 WHWs__y`_ Form 3006 1/01 1 I!11I111111111111111111111111111111111111111111111111 622109 03/04/2003 02:14P 81442 P933 N RLSDORF 13 of 16 R 81.00 0 0.00 GARFIELD COUNTY CO Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender farther covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Lender shall mail a copy of the notice to Borrower as provided in Section 15. Trustee shall record a copy of the notice in the county in which the Property is located. Trustee shall publish a notice of sale for the time and in the manner provided by Applicable Law and shall mail copies of the notice of sale in the manner prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time the purchaser will be entitled to Trustee's deed. The recitals in the Trustee's deed shall be prima fade evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall request that Trustee release this Security Instrument and shall produce for Trustee, duly canceled, all notes evidencing debts secured by this Security Instrument. Trustee shall release this Security Instrument without further inquiry or liability. Borrower shall pay any recordation costs and the statuary Trustee's fees. 24. Waiver of Homestead. Borrower waives all right of homestead exemption in the Property. C®s[CC) (00061 Page 13 of 15 rUala a SRC. Form 3006 1/01 11111111111111111111111111111(1111111111111111111111 622109 03/04/2003 02:14P 81442 P934 M ALSDORF 14 of 16 R 81.00 D 0.00 GARFIELD COUNTY CO BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: O®8100} woos) ROC ANTHONY GABOSSL—�/ 'w„„ (Seal) (Seal) -Borrower -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower Page 1c or t6 Form 3006 1 /01 11i111 1111111111111111111111111N1111111111111411111 15 of 1fl R 81.00 D 0.3 00 GORFIELD COUNTY CO STATE OF COLORADO,GARflELD The foregoing instrument was acknowledged before me Eh' byROC ANTHONY GABOSSI AND MARY ANN GABOSSI Witness my hand and official seal. My Commi ,-• LIPSCOB ELLEN M. NOTARY PUBLIC STATE OF COLORADO 21, IAC C®6tC01 woos: County ss: day of terV ?4,c>00-3 Notary Public Pace 15 of 16 Form 3006 7607 25-124-00-084 t 31 F� ♦ 1 31 Adjoining 1927 F 4r 3 2 B.LM B.LM, L L L L L B.LM. 5 4 3 2 B.L.M. 12 7 8 B.LM. ''-‘, N 2 O r CO 0 of ✓ O nin 13 rn 3 4' i 4 66.410 6EV. 3272 • • .4A • BOY 1 APPROVED: Tex *rap' 2181-012-08-033 Adjoining 2181 COUNTY ASSESSOR R. 91 W. R. 90 W. Co N 0 r-0 N B LM 1 -D Adjoining 2183 2123 Township 5 South Range 90 West r RNERBEBO FL. 5 �� tar 1 001 for • 009 tett 2 oos t0' LOT 003 tm rr '® Lm tm r] 101 5 005 Lm Lor 7 007 LOT • OOB dtk: C: \SOSK\OWG\99089.003.dwg UNE 1 DIRECTION 1 DISTANCE LINE T DIRECTION 1 DISTANCE LI N37'33'49'V 59.61' 1.24 NO2'38'42'E 142.25' L2 N50'4 4137'W 38.18' 1.25 N28.03'S1'V 69.80' L3 SO4 '22129'W 85.53' L26 N40'24'52'E 63.16' 1.4 N26'55'22'V 62.07' 1_29 N49"4 8'42'E 68.45' 15 S89' 42159'E 34.78' L30 N37.28'23'E 80.15' L6 S23'33'14'V 128.60' L31 N11'39.34'E 51.69' L7 S37'48114'W 135.68' 1.32 N26'11'52'E 62.99' L8 N20'42131'W 84.87' L33 N26'31'06'W 55.72' 1.9 N90'00100'E 84.81' L34 NO2'38'42'E 134.32' 110 N75'17'17'E 119.64' 1_35 584.08'51'E 119.80' 1_11 N68'56'19'E 119.42' L36 S80'12.01'E 56.76' 112 N00'40'50'E 80.42' L37 N90'00'00'11 38.18' 113 N79'09'05'E 64.99' L38 S58'20'18'E 80.34' 1.14 N13'12'00'E 50.00' L39 S79.49'36'11 85.70' L15 S23'00110'W 85.51' 140 S57'32'4 7'W 12.57' 116 S18'00'46'W 102.71' Loi S67'36'36'W 167.80' L19 N84'18'28'E 105.41' L42 S85'00103'E 178.35' L20 S74'56'17'E 210.39' L43 S89'59'08'E 161.83' L21 568'43'16'E 110.56' 144 S51'31'55'E 22.56' L22 S72'59'26'W 101.15' 1.45 S88'23138'E 66.35' L23 S8011'51'E 128.20' L46 S78'49'09'E 184.55' CURVE j RADIUS 1 LENGTH CHORD 1 BEARING 1 DELTA CI 1960.00' 270.72' 270.50' N81'21'35'W 07'54'49' C2 5680.00' 109.74' 109.74' S84.45'48'E 01'06'25' C3 2010.00' 426.40' 425.60' N71'18138'V 12'09'17' C4 2010.00' 358.13' 357.65' S7217'01'E 10'12'31' C5 2010.00' 68.27' 68.27' S6612123'E 01'56'46' C6 65.00' 110.42' 97.62' S31.31'57'E 97.20'09' C7 515,00' 88.08' 87.98' S85'06'0I'E 09'47'59' C8 35.00' 19.34' 19.10' S74'10'09'E 31'39'42' C9 50.00' 86.53' 76.13' 507'58'06'V 99'09'21' CIO 500.00' 87.82' 87.71' N62.34'41'E 10.03'49' 01 25.00' 33.24' 30.85' 529'31'10'V 76'10'52' COUNTY PLAT 1) ONE (1) DOG WILL BE ALLOWED FOR EACH RESIDENTIAL UNIT WITHIN THE SUBDIVISION EXEMPTION AND THE DOG SHALL BE REQUIRED TO BE CONFINED WITHIN THE OWNERS PROPERTY BOUNDARIES. 2) NO FURTHER DIVISIONS BY EXEMPTION FROM THE RULES OF SUBDIVISION WILL BE ALLOWED. 3) ALL RECOMMENDATIONS MADE BY THE GLENWOOD SPRINGS RURAL FIRE PROTECTION DISTRICT SHALL BE FOLLOWED. IN ADDITION, COMPLIANCE SHALL BE REQUIRED FOR THE NEPA 299, STANDARD FOR PROTECTION OF LiFE AND PROPERTY FROM WILDFIRE RECOMMENDATIONS. 4) NO OPEN HEARTH SOLID -FUEL FIREPLACES WILL BE ALLOWED ANYWHERE WITHIN THE SUBDIVISION. ONE (1) NEW SOLID -FUEL BURNING STOVE AS DEFINED BY CRS 25-7-401 ET. SEQ, AND THE REGULATIONS PROMULGATED THEREUNDER. WILL BE ALLOWED IN ANY DWELLING UNIT. ALL DWELLING UNITS WILL BE ALLOWED AN UNRESTRICTED NUMBER OF NATURAL GAS BURNING STOVES AND APPLIANCES. 5) ALL EXTERIOR LIGHTING SHALL BE THE MINIMUM AMOUNT NECESSARY AND THAT ALL EXTERIOR LIGHTING BE DIRECTED INWARD, TOWARDS THE INTERIOR OF THE SUBDIVISION, EXCEPT THAT PROVISIONS MAY BE MADE TO ALLOY FOR SAFETY LIGHTING THAT GOES BEYOND THE PROPERTY BOUNDARIES. 6) ANY NEW BUILDINGS SHALL AVOID AREAS OF NATURAL DRAINAGE. NATURAL DRAINAGE SHALL BE PRESERVED TO THE MAXIMUM EXTENT POSSIBLE. 7) FOUNDATIONS AND INDIVIDUAL SEWAGE DISPOSAL SYSTEMS SHALL BE ENGINEERED BY A PROFESSIONAL REGISTERED ENGINEER WITHIN THE STATE OF COLORADO. 8) COLORADO IS A 'RIGHT TO FARM' STATE PURSUANT TO C.R.S. 35-3-101 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. 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 AMENDMENTS, HERBICIDES AND PESTICIDES, ANY ONE OR MORE OF WHICH MAY NATURALLY OCCUR AS A PART OF A LEGAL AND NON-NEGLiGENT AGRICULTURAL OPERATION. Found Coto. Dept. of Highways Conc. ROW Monument 0 5 ru 0 N '0 J o ve 368.00' S:5•19•O,.E Hl . h ur GAB0SSD EPLAT A Tract of Land / sing Situated in the N1171/4 of Section 35 Township 5 South, Range 90 West of the 6th P.M. County of Garfield, State of Colorado NOTES 9) ALL [INNERS OF LAND, WHETHER RANCH OR RESIDENCE, HAVE AN OBLIGATION UNDER STATE LAW AND COUNTY REGULATIONS WITH REGARD TO THE MAINTENANCE OF FENCES AND IRRIGATION DiTCHES, CONTROL OF WEEDS, KEEPING LIVESTOCK AND PETS UNDER CONTROL, USE OF PROPERTY iN ACCORDANCE WITH ZONING REGULATION AND ANY OTHER ASPECT 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 FOR SUCH INFORMATION IS A 'GUIDE TO RURAL LIVING AND SMALL SCALE AGRICULTURE' PUT OUT BY THE COLORADO STATE UNIVERSITY EXTENSION OFFICE IN GARFIELD COUNTY. 1 n amu\'\ Ucl� 5�io\ `'.` • Lot 7 lrrigction Ditch Indicates Ditch and Ditch Ac:ess/Mo;ntenonce Eosements. N3515'19'V 161.50' N31'5213' V 130.89' 'POINT OF BEGINNING - LOT 1' .4 Drtch Crosses Into [Property 880,802 sq.Ft.IL 20.220 acres •Exnt. Ven 1 Existing Ovha�n)ty 5 Li+e(s). Centerline OF 20' Vide Public Service Easement as shown on a a o unrecorded easement 0 SL6 executed Sept. 27, 1999 0 0 and noted as Public Service tin W Co. Document No. 163127. ace ate Highway 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 et. seq. e ~ Tie From lot con. to CL Esnt.' NO2'38'42'E 12.73' BeNS. D Y GA F ELD COUNTY SURVEYOR DATEID.ASIUM-1 -104- Z.€20.; MAIM nil SURVEYOR'S CERTIFICATE i, SAMUEL D. PHELPS, DO HEREBY CERTIFY THAT I AM A REGISTERED LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT I7F THE • GABOSSI SUBDIVISION EXEMPTION PLAT', COUNTY OF GARFIELD, STATE OF COLORADO, AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME AND UNDER MY SUPERVISION AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF SAID SUBDIVISION AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND. n IN VI SS WHEREOF I HAVE SET MY HAND AND SEAL THiS_f,Q_ DAY OF_- , A.D. 2003. Q>Ef]®eT; BY' SAMUEL D. PHELPS COLORADO REGISTERED PROFESSIONAL LAND SURVEYOR M 27613 FOR AND ON BEHALF OF SURVCO, INC. AJC a Nina s PUMPS mA WING JOS Mb Jit YIOWEIRVl00 10081009 SetatOOS 1 SDP N0._ RY 10/JAN/03 C4 C3 J .k+ n e• 2 cl . ,y9 o 0 Q. 0 wren %.s Guy wsher Caurett L29 L33 132 L31 130 Lot 2 1,510,900 sq.Ft. 34.685 acres Lot 136,553 sq.Ft. _3.13 acres L44 J•` = 142 -[r 10 'POINT OF BEGINNING - LOT 2' North 1/4 Corner oF Section 35. Found 2' Iron Pipe and Alun, Cap, PLS 15710. • 0 0 0 Irr.gaton D,tch Indicates Ditch and Ditch Access/Maintenance Easements. 3. w it Center/North 1/16 Corner Section 35. Found Rebar W/2' Alun. Cop, PLS 15710 C. Z a 'POINT OF BEGINNING LOTS 3 ' Ti, to Ni/4AND Co4r. ■ N.10.07'06'E. 1944.83' C 4 Shp 0 �Y ;Pp, F 0 _ e FQ tlic nC e ADD ADDL. CO. PLAT NOTES/ACCESS ESMT DATE REVISION DESCRIPTION 304, Lig"- 146 45146 565 /4 0 , 0. C 15.86' • J103.94' 9 by Lot 4 ) Z' 149,257 sq.Ft. C. i n)1 3.43 acres L404,1to iR • 50.00' � `•,./ • 41.64' ', tint. Vito :. • • e3;'• \ 0‘1 1.37 CB 38 4 i -J w °N. ►o 40' Ingress, Egress and Utility Easement `V� 4 Exist. Grovel Driveway Indicates Apparent Ensement ra c ...;"\A„... Alii `�•r. �.. g sd O. AO 7cocel V`(Grovet N67'03'21'E 153.83' Ovhd. Utility Line to Adjoining Property. Indicates Apparent Easement Centerline oF 30' Ingress, Egress and ,Utility Easement SURVEYORS' NOTES' 1> BEARINGS AS SHOWN HEREON ARE BASED UPON A RECORD BEARING OF N.89'42'00'V. FOR THE EAST/WEST CENTERLINE OF SECTION 35. MONUMENTATION BEING FOUND iN THE FIELD AT EACH END OF THIS LINE IS A BLM ALUM CAP AND STANDARD MONUMENT. 2) THIS PROPERTY IS SUBJECT TO MINERAL RIGHT RESERVATIONS AND RIGHT OF WAY FOR DiTCHES AND CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN PATENT RECORDED OCT. 06, 1967 IN BOOK 388 AT PAGE 311. 3) THE BOUNDARY DIMENSIONS AND LOCATIONS FOR THE SUBJECT PROPERTY AS SHOWN HEREON ARE BASED UPON A PREVIOUS MONUMENTED LAND SURVEY AS PREPARED BY SCARROV AND WALKER, INC. AND BEING DATED SEPT. 08, 1993. 4) THE LOCATION OF THE IRRIGATION DiTCHES SHOWN HEREON ARE SCALED IN PART FROM USGS QUAD MAP OF THE SUBJECT PROPERTY AND ARE APPROXIMATE. THE IRRIGATION DITCHES CROSSING THE SUBJECT PROPERTY INDICATE EASEMENTS OF UNSPECIFIED WIDTH FOR MAINTENANCE. THIS EASEMENT MAY INCLUDE ACCESS OVER AND ACCROSS THE SUBJECT PROPERTY TO THE DiTCH. 5) THE 20' WIDE PUBLIC SERVICE EASEMENT SHOWN HEREON IS BASED UPON UNRECORDED EASEMENT DOCUMENTS PRESENTED TO THIS LAND SURVEYOR BY THE CLIENT. 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 or CERTIFICATION SHOWN HEREON. !00 o tan GRAPHIC SCALE 300 03 100 ( IN PELT ) I Inch i• 200 TL 0 Indicates Found or Set Rebar V/Plastic Cap, PLS No. 27613, (Typical all corners unless otherwise noted.) 3 266 241 237 245 239 Site 250 NEW f CAr71 Hwy, 6 24 14 240 70 214 ��� 35 �- 315 1-70 s>• 137 136 139 137 Conyon Creek Exit ) 132 %'•- WEST GLENW00D SILT 346 315 GLENW00D SPRINGS 128 335 311 127 \\' 115 WESTB 154 312 347 LEGAL DESCRIPTION LOT 1 V/c/n/f,y tiop A TRACT Or LAND SITUATED IN THE NV1/4 OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 90 WEST OF THE 6TH P.M, COUNTY OF GARFIELD, STATE Or COLORADO, SAID TRACT DF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOVSt BEGINNING AT A PRINT FROM WHiCH THE NORTH 1/4 CORNER OF SAID SECTION 35 BEARS N.45'21'31'E. 855.56 FEET, SAID NORTH 1/4 CORNER BEING A IRON PIPE WITH AN ALUMINUM CAP, PLS NO. 15710, THENCE S.26.31'06'E. 55.72 FEET; THENCE 5.26'11'52'W. 62.99 FEET) THENCE S.11.39'34'W. 51.69 FEET) THENCE S.37'28'23'W. 80.15 FEET) THENCE 5.49'48'42'W. 68.45 FEET) THENCE S.22'37'14'V. 167.65 FEET) THENCE S.04.15'08'E, 209.64 FEET; THENCE S.40'24.52'V. 63.16 FEET; THENCE S.23'42'17'W. 160.96 FEET) THENCE S.34.01'36'V. 250.32 FEET) THENCE S.284103'S1'E. 69.80 FEET) THENCE S.02'38'42'V. 276.57 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF STATE HIGHWAY 6 AND 24) THENCE ALONG SAiD RiGHT OF WAY THE FOLLOWING 5 COURSES' 1) THENCE 358.13 FEET ALONG THE ARC 'OF A CURVE TO THE LEFT HAVING A RADIUS OF 2010.00 FEET, A CENTRAL ANGLE OF 10'12'31' AND SUB- TENDING A CHORD WHICH BEARS N.72•17'01'V, 357.65 FEET) 2) THENCE S.13.12'00'V. 50.00 FEET) 3) THENCE 270.72 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1960.00 FEET, A CENTRAL ANGLE 17F 07.54'49' AND SUB -TENDING A CHORD WHiCH BEARS N.81.21'35'W. 270.50 FEET) 4) THENCE N.85'19'00'W. 368,00 FEET) 5) THENCE 109.74 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 5680.00 FEET, A CENTRAL ANGLE OF 01.06'25' AND SUB- TENDING A CHORD WHICH BEARS N.84•45'48'V. 109.74 FEET) THENCE DEPARTING SAID RiGHT OF WAY N.23'00'10'E. 85.51 FEET) THENCE N.33'41'22'E. 273.31 FEET) THENCE N.10'41'01'E. 12620 FEET) THENCE N.18'00'46'E. 102.71 FEET) THENCE S.79'05'06'E. 44.25 FEET) THENCE N.87'14 '08'E. 373.76 FEET) THENCE 5.83.55'42'E. 116.11 FEET) THENCE N.45.21'31'E. 1000.98 FEET TO THE POiNT OF BEGINNING. SAID TRACT DF LAND CONTAINS 20.220 ACRES, MORE OR LESS. LEGAL DESCRIPTION LOT 3 A TRACT OF LAND SITUATED 1N THE NV1/4 OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 90 VEST OF THE 6TH P.M, COUNTY OF GARFIELD, STATE OF COLORADO, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS' BEGINNING AT A POINT FROM WHICH THE N1/4 CORNER OF SAiD SECTION 35 BEARS N.10'07'06'E. 1944.83 FEET, SAID POINT BEiNG AN IRON PIPE WITH AN ALUMINUM CAP, PLS NO. 15710) THENCE S.24'46'00'V. 324.52 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF STATE HIGHWAY 6 AND 241 THENCE ALONG SAID RIGHT OF WAY N.65'14'00'W. 504.04 FEET) THENCE CONTINUING ALONG SAID RIGHT OF WAY 68.27 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 2010.00 FEET, A CENTRAL ANGLE OF 01.56.46' AND SUB -TENDING A CHORD WHICH BEARS N.6612'33'V. 68.27 FEET) THENCE DEPARTING SAID RIGHT OF VAY N.02'38'42'E. 134.32 FEET) THENCE S.80.11'S1'E, 128.20 FEET) THENCE N.72'59'26'E. 101.15 FEET) THENCE S.68'43'16'E. 110.56 FEET) THENCE S.74'56'17'E. 210.39 FEET) THENCE N.84'18'28'E. 105.41 FEET; THENCE S.84'08'S1'E. 15.86 FEET TO THE PRINT OF BEGINNING. SAi13 TRACT OF LAND CONTAINS 136,553 SO.FT. OR 3.13 ACRES, MORE OR LESS. EXEMPTION CERTIFICATE THiS PLAT APPROVED SY,RESOLUTIOTHE BOARD OF COUNTY COMMISSIONERS AT GARFIELD COUNTY, COLORADO THIS_1-_,r_DAY OF_ _c,54IJJ11gy___ . A.D. 2003. IN FILING WITH THE CLERK AND RECORDER OF GARFIELD COUNTY, SUCH APPROVAL iN NO WAY IMPLIES THAT THE INFORMATION SHOWN HEREIN IS TRUE AND ACCURATE BUT DOES INDICATE THAT T1-115 PLAT IS EXEMPT FROM AND NOT SUBJECT TO REGULATION U r R GARFIELD COUNTY SUBDIVISION REGULATIONS AT THE TIME OF ITS FILING. )/.":"~ GLSi� WITNES M'h/HAND. 41�SFjj ,� THE COUNTY OF r ATTEST' CH COU TY CLERK (Not to Scale) LEGAL DESCRIPTION LOT 2 A TRACT OF LAND SITUATED IN THE NW1/4 OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 90 WEST OF THE 6TH P.M, COUNTY OF GARFIELD, STATE I3F COLORADO, SAID TRACT OF LAND BEiNG MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEGINNING AT THE N1/4 CORNER OF SAID SECTION 35, SAID POINT BEiNG AN IRON PIPE WITH AN ALUMINUM CAP, PLS NO. 157101 THENCE ALONG THE EAST LiNE OF SAID NV1/4 S.07'03'10'E. 1870.02 FEET) THENCE DEPARTING SAID WEST LINE N.90'00'00'11. 84.81 FEET) THENCE S.00'40'S0'V. 80.42 FEET) THENCE S.10'10'24'E. 123.46 FEET) THENCE S,79.49'36'V, 85.70 FEET) THENCE N.58'20'18'W. 80.34 FEET, THENCE 19.34 FEET ALONG THE ARC OF A CURVE 113 THE LEFT HAVING A RADIUS OF 35.00 FEET, A CENTRAL ANGLE OF 31'39'42' AND SUBTENDING A CHORD WHiCH BEARS N.74'10'09'V. 19.10 FEET) THENCE N.90'00'00'V. 38.18 FEET) THENCE 88.08 FEET ALONG THE ARC OF A CURVE TO THE RiGHT HAVING A RADIUS OF 515.00 FEET, A. CENTRAL ANGLE OF 09'47'59' AND SUB -TENDING A CHORD WHICH BEARS N.85'06'01'W. 87.98 FEET) THENCE N.80.12'01'V. 56.76 FEET) THENCE 110.42 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 65.00 FEET, A CENTRAL ANGLE I7F 97.20'08' AND SUBTENDING A CHORD WHICH BEARS N.31'31'57'V. 97.62 FEET) THENCE N.84'08'S1'W. 119.80 FEET) THENCE S.84.18'28'V. 105.41 FEET) THENCE N.74'56'17'V. 210.39 FEET) THENCE N.68.43'16'V. 110.56 FEET) THENCE S.72'59'26'V. 101.15 FEET) THENCE N.80'11'51'14 12820 FEET, THENCE N.02'38'42'E. 142.25 FEET, THENCE N.28'03'S1'V. 69.80 FEET) THENCE N.34.01'36'E. 250.32 FEET) THENCE N.23.42'17'E, 160.96 FEET; THENCE N.40.24'52'E. 63.16 FEET, THENCE N.04.15'08•V. 209.64 FEET) THENCE N.22'37'14'E. 167.65 FEET, THENCE N,49'48'42'E. 68.45 FEET) THENCE N.37.28'23'E. 80.15 FEET) THENCE N.11.39'34'E. 51.69 FEET) THENCE N.26.11'52'E. 62.99 FEET) THENCE N.26.31'06'W. 55.72 FEET, THENCE N.45'21'31'E, 855.56 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 1,510,900 So.FT. OR 34.685 ACRES, MORE OR LESS. LEGAL DESCRIPTION Lor 4 A TRACT or LAND SITUATED IN INC NVi/4 OF SECTION 35, TOWNSHIP 5 SOUTH RANGE 90 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS' BEGINNING AT A POINT FROM WHICH THE N1/4 CORNER OF SAID SECTION 35 BEARS N.10'07'06'E. 1944.83 FEET, SAID POINT BEING AN IRON PIPE WITH AN ALUMINUM CAP, PLS N0. 15710) THENCE S.24.46'00'V. 324.52 FEET TO A POINT ON THE NORTHERLY RIGHT 13F VAY OF STATE HIGHWAY 6 AND 24; THENCE ALONG SAID RIGHT Or VAY S.65.14'00'E. 254.18 FEET TO A POINT WHiCH INTERSECTS THE NORTHWESTERLY RIGHT OF WAY OF GARFIELD COUNTY ROAD NO. 138; THENCE ALONG SAID NORTHWESTERLY RIGHT OF WAY INC FOLLOWING FOUR (4) COURSES+ THENCE N.67.03'21'E. 153.83 FEET) THENCE N.79.09'05'E. 64.99 FEET) THENCE N.75'17'17•E, 119.64 FEET) THENCE N.68'56'19'E. 119.42 FEET) THENCE DEPARTING SAID RIGHT OF VAT N.10'10'24'V, 11423 FEET) THENCE S.79'49'36'V. 85.70 FEET, THENCE N.58'20'18'V, 80.34 FEET) THENCE 19.34 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 35.00 FEET, A CENTRAL ANGLE OF 31.39'42' AND SUB -TENDING A CHORD WHiCH BEARS N.74'10'09'V. 19.10 FEET; THENCE N.90.00'00'W, 38.18 FEET) THENCE 88.08 FEET ALONG THE ARC OF A CURVE TO INC RiGHT HAVING A RADIUS OF 515.00 FEET, A CENTRAL ANGLE OF 09'47'59' AND SUBTENDING A CHORD WHICH BEARS N.85'06'01'V. 87.98 FEET) THENCE N.80'12'0l'V. 56.76 FEET, THENCE 110.42 FEET ALONG THE ARC I7F A CURVE TO TIC RIGHT HAVING A RADIUS OF 65.00 FEET, A CENTRAL ANGLE OF 97'20'08' AND SUB -TENDING A CHORD WHICH BEARS N.31'31'57'V. 97.62 FEET) THENCE N.84'08'S1'V, 103.94 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 149,257 SQ.FT. OR 3.43 ACRES, MORE OR LESS. O QiARFCELE COUNTY CLERK AND RECORDER'S CERTIFICATE THIS PLAT WAS FILED FOR REIN INC OF`ICE OF INC CLEAND RECORDER OF GARFIE COUNTY AT ''"JLF D O'CLOCK f.M. ON THE _/?" DAY OF ijr[ta____ A.D. 2003; fND IS DULY RECORDED IN BOOK _____, PAGE RECEPT ON N0._&g_Q5S7__ [Oraeier /Ai /7 SHEET 1 of 1 SurvCo, Inc. Professional Land Survevina Services 6560 County Road No. 335, Suite No. 201 Post Office Box 826 New Castle, CO. 81647-0826 Phone: (970) 984-9119 Fox: (970) 984-3993