HomeMy WebLinkAbout1.0 ApplicationIron Rose Ranch, LLC Property
Roaring Fork River Compliance Review
Permit SPK -2012-00039
February 14, 2012
For Submittal to:
US Army Corps of Engineers
Colorado/Gunnison Basin Regulatory Office
Prepared by:
AquaTerra Services, LLC
1153 Bergen Pkwy, Ste M474
Evergreen, CO 80439
463 High Tiara
Grand Junction, CO 81507
Exhibit A. Figure 8 reproduced
om the 404 permit application showing identified work areas.
Pig1�s__� LLC
1.153 Bergen Pkwy, 5te M474
Evergreen, CO 30439
970.943.5373
Aug. 2011 Photo
Roaring Fork River
NWP27 Application
Garfield Co., Carbondale, CO
FEATURES OF NOTE:
Proposed work tasks. Intent
is to reduce the likelihood of
continued avulsion at Site 1,
and reduce gravel production
from Work Areas A through H.
Gravel removed from Work
Areas F and H will be taken to
an upland !Citation.
1
0 750
PLAN SCALE
KET
Proposed
Work Plan
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Exhibit B. View looking north at the riprap work completed on the right descending bank. Site
G as identified in Exhibit A above.
4. Deviations From Authorized Work
Written approval and a formal easement from the Ranch at Roaring Fork HOA was obtained,
however, no agreement could be reached with Diamond Arrow Farm, LLC. As such the project
was abandoned on the day that it began and notice of this fact was delivered to the Corps and the
Colorado Division of Wildlife and Parks via e-mail. There are no plans to engage in the
permitted activity prior to runoff in water year 2012.
5. Special Conditions and Compliance
Four Special Conditions were associated with the permit.
1. Timeframe. The activity was restricted to February 6-17,2012.
The work was conducted on February 8.
2. Tree and shrub planting. Native plants and shrubs were to be planted to compensate for
impacts to a gold -medal water.
Only 75 lineal feet of bank was riprapped, an activity that could have been
completed with a simple PCN under NW 13. It is not believed that planting 4-5 cottonwoods on
an upper slope component on the north bank of the river will have any resource benefit, nor
should the requirement be enforced as the activity completed was marginal at best. Lastly, the
planting would be completed on Diamond Arrow Farm, LLC property, and it is unlikely that
access to such lands would be granted.
3. Compliance Report within 60 clays.
This narrative is intended to serve this purpose.
4. Post -Construction Site Photographs
Since only one location was completed, only one photograph has been provided
and is included as Exhibit B above. Given the simple nature of the work, a line drawing wasn't
deemed necessary.
6. Conclusion
It is unfortunate that access to the necessary property could not be acquired in order to complete
restoration activity. Work at Site G was completed, but that work was minor in nature and will
have little effect on reach behavior. There is little likelihood the remainder of the permitted
activity will ever be completed.
WATER RESOURCE CONSULTANTS, LLC
March 5, 2012
Garfield County Building and Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
ATTN: Gale Carmoney/Glen Hartmann
RE: Iron Rose Ranch
Floodplain Development Permit Application
Gale and Glen,
9,€,C
PR 0 ,
N& COUNTY
BUILDGLING
Please find attached a completed Floodplain Development Permit application for Iron Rose
Ranch. The contents of this application are being submitted per our site visit / pre -application
conference on Feb. 23, 2012, and your pre -application conference summary e-mailed March
1stand received via mail today, March 5t.
As requested in your Pre -App summary letter, below are responses to Garfield County code
requirements.
Section 3-401 (A -B): Floodplain Overlay District
Description: Section 3-401 describes the Floodplain Overlay District. It defines floodplain
zones (areas mapped by FEMA), and allowable uses. The floodplain is further divided
into the flood fringe and the floodway zones.
Compliance: We conclude the proposed project is in compliance with Section 3-401.
Reasons: it is agricultural land, zoned and used as such, which is an allowed use in both
the flood fringe and the floodway zones. Further, the proposed project will not encroach
on the floodway. "Encroach" is a FEMA term for raising the Base Flood Elevation within
the regulatory floodway by causing above grade obstructions in the floodway. No
obstructions, e.g., anything above existing grade, will be placed in the floodway. It should
be noted that only areas mapped by FEMA are subject to this regulation.
Section 4-501 (A): Administrative Review
Description: Submittal requirements for an Administrative review.
Compliance: See attached submittal.
Section 4-502 (A): Professional Qualifications
Description: General description of professionals whose services may be required by
the Garfield County code.
244 Hutton Ave., Rifle, CO 81650
PH / Fax (970) 625-5433 pcurner@wre-11c.com
Iron Rose Ranch
Floodplain Development Permit Application
Page 2 of 4
March 5, 2012
Compliance: I (Paul Currier) am a registered professional engineer in the State of
Colorado, thus complying with Section 4-502 A(1). I also qualify under subsection 5 as a
licensed engineer with expertise as a 'Water Supply Expert."
Section 4-503 (A -F): Submittal Requirements in Floodplain Overlay District
Description: Section A -F sets forth technical submittal requirements
A - Site plan
B - Cross-section
C - Construction specifications
D - Alteration of water course
E - Floodway analysis
F - Floodplain impact report
Compliance:
A - See attached. There are two aspects to this work: Work in the flood fringe, and
work below grade within the footprint of the floodway zone. Contours and elevations
have not been included in the Application because they are immaterial to the project.
(Contours would only be needed if there was a change to the floodway.) In the FEMA
mapped flood fringe, most sheet flow will be directed away and around existing
structures. The very definition of the flood fringe is anything built or constructed within
this zone will not increase the Base Flood Elevation by more than one foot. In fact, to
define the floodway zone, the entire flood fringe must be 100% filled in and blocked. In
the floodway, no impact will occur, because the underground erosion protection will be
entirely below the ground surface elevation.
B - Not applicable. No work in or near the channel.
C - Included. See attached.
D - Not applicable. No changes to the channel.
E - Not applicable. All components of the proposed project will be below the ground
surface elevation, and will have no impact on the floodway.
F - No impact will occur to the mapped floodplain. The base flood elevation will not be
increased by more than one (1) foot (which is the definition of the flood fringe). No
change will occur in the flood carrying capacity of the river. We find no further
technical report is warranted nor necessary.
Section 7-203: Protection of Wetlands and Waterbodies.
Description: This includes a typical setback of 35' from the "ordinary high water."
Compliance: No structures will be constructed. Erosion control will be placed in upland
areas only. As discussed at the pre -app site meeting, twin 42" diameter culverts 20' long
will be placed in a side channel of the river to maintain irrigation flow to existing irrigation
WATER RESOURCE CONSULTANTS, LLC
Iron Rose Ranch
Floodplain Development Permit Application
Page 3 of 4
March 5, 2012
water rights, to maintain streamflow into the side channel, and provide farm road access
for equipment and livestock to grazing areas on the other side of the side channel. This
work is entirely within the mapped flood fringe area, and thus does not impact the
floodway. Further, no permit is required from the USACOE because this work is
exempted under the Farm, Forestry or Temporary Mining Roads section of 33 CFR
323.4'.
7-204: Protection of Water Quality from Pollutants
Description: Describes best management practices near water ways to prevent
contamination or pollution of water resources. Provides a 100 foot buffer from water ways
for certain at risk activities.
Compliance: No machinery maintenance is planned or proposed near the river or its
side channel. Re -fueling will occur in upland areas away from the water bodies. The
project does not include any storage of hazardous materials. No land use change is
requested nor required. Land will remain agricultural.
7-205: Erosion and Sedimentation
Description: For surface area disturbances over 1/2 acre in size, obtain a NPDES
permit from the State (CDPHE).
Compliance: Not applicable. Disturbance will less than 0.5 acres. The total length of
the above grade erosion control in the flood fringe is approximately 650 lineal feet, and the
below grade erosion control within the floodway zone is approximately 300 lineal feet. IN
the flood fringe, the length of the above grade berm to minimize sheet flow flooding is
approximately 750 lineal feet. At an average disturbance width of approximately 10 feet
wide, the total disturbed area is no more than 0.4 acres.
7-207: Stormwater Run-off.
Description: Describes management and treatment of stormwater,
Compliance: The proposed work will not change existing stormwater runoff paths and
patterns. The existing ground is vegetated agricultural ground. The proposed use is
vegetated agricultural ground. Currently stormwater does not run off — it percolates into
the sandy, gravelly soils. This runoff pattern will continue post -project. No impervious
areas will be constructed. During construction, rainfall and snowmelt will also percolate
into the ground, as it currently does.
7-212 (B): Reclamation of Disturbed Areas
Description: Provides requirements and recommendations for reclamation
1 USACOE farm road exemption can be found at:
http://www.spk. usace.army. millorganizationslcespk-colrequlatory/pdf/Exempt-TempRoad. pdf
WATER RESOURCE CONSULTANTS, LLC
Iron Rose Ranch
Floodplain Development Permit Application
Page 4 of 4
March 5, 2012
Compliance: All disturbed areas will be revegetated to blend with the existing high-end
agricultural operation. Slopes of the above grade portions of the erosion control and sheet
flow control will be blended into natural grades.
7-701 (A -F): Submittal Requirements in Floodplain Overlay District
Description: General reiteration of FEMA requirements for work within the floodplain
overlay zone.
Compliance:
(A) Water supply systems: Not applicable.
(B) Sanitary sewage systems: Not applicable.
(C) Minimize flood damage: Flood damage minimization is the entire purpose of this
proposed project. Existing structures are at risk from a dynamic stream system.
Due to property ownership by another party, access is not available to perform
work on the actual left descending bank of the Roaring Fork River. Materials used
will be suitable to minimizing flood damage, e.g., boulders, cobble, and vegetated
topsoil.
(D) Cumulative effect. The cumulative effect of this project will not raise the base flood
elevation by more than one foot (basic definition of the flood fringe).
(E) No danger to public. No danger to the public will be caused by this project. No
hazardous materials are proposed to be exposed or stored in the project area.
(F) No change in flood carrying capacity. The project is either below grade (in the
floodway), or entirely in the flood fringe. No change will occur to the flood carrying
capacity of the river, e.g., the floodway.
Should you have any questions, please do not hesitate to contact me.
Sincerely,
WATER RESOURCE CONSULTANTS, LLC
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Paul C. Currier, P.E.
PCC/pcc
cc: Bob O'Brien
1460-1.0 Floodplain Development Permit Cover Letter.doc
L WATER RESOURCE CONSULTANTS, LLC
GARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield-county.com
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FLOODPLAIN DEVELOPMENT APPLICATION
GENERAL INFORMATION (Please print legibly)
r Name of Property Owner: Iron Rose Ranch, c/o Tom Bailey
Mailing Address: 1000 BLUE HERON LANE Telephone: ( )
City: Carbondale State: CO Zip Code: 81623 Cell: ( 970 ) 948-5373
➢ E-mail address: rjo@atsgeo.com FAX: ( )
Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc):
-, Aquaterra Services, LLC; c/o Bob O'Brien
y Mailing Address: 1153 Bergen Pkwy, Ste. 474 Telephone: ( )
i► City: Evergreen State: CO Zip Code: $6439 Cell: ( 970 ) 948-5373
- E-mail address: rjo@atsgeo.com FAX: ( )
Description of Request: Erosion mitigation and flood damage minimization. In 2011 the Roaring Fork
River cut a new channel, directly impacting existing structures and flooding
horse sheds. The erosion control is in anticipation of the river migrating to the
west. The flood damage minimization is intended to keep sheet flow from
inundating existing buildings.
Street Address / General Location of Property:
498 Rose Lane, Carbondale, CO 81623
Y Legal Description: Two parcels: Tax ID Nos: 2393 352 00 003 (35 Acres)
and 2393 352 01 009 (13 Acres). See attached legal descriptions.
Assessor's Parcel Number:- - -
Existing Use: Agricultural
Y Property Size (in acres) 2 Parcels, 48 acres total Zone District: R - Rural
Last Revised 1/1/09
I. APPLICATION SUBMITTAL REQUIREMENTS
Any use to be developed in the floodplain shall be required to obtain a Development
Permit, in accordance with the applicable regulations of Section 4-104, Section 4-501 (A)
and Section 4-503 (A -F). All applications for a Floodplain Development Permit under this
Regulation shall be reviewed by the Floodplain Administrator.
As a minimum, specifically respond to all the following items below and attach any
additional information to be submitted with this application:
1. Submit 3 hard -copies and one digital copy of all the required submittal materials
to the Building and Planning Department. Staff will request additional copies once
the application has been deemed technically complete. All digital documents
shall be in .pdf form and should be separated into sections identical to the
hard -copy.
2. Pay application base fee of $400.00 to the Building & Planning Department. Also
include the signed "Agreement to Pay Form" with the copies. (Staff will request
additional copies once the Floodplain Development Permit Application has been
deemed technically complete).
3. Please submit, in narrative form, the nature and character of the proposed use in
the floodplain. Submit plans and supporting information (i.e. letters from responsible
agencies).
4. Submit a vicinity map. An 8 '/2 x 11 vicinity map locating the parcel in the County.
The vicinity map shall clearly show the boundaries of the subject property and all
property within a 3 -mile radius of the subject property. The map shall be at a
minimum scale of 1"=2000' showing the general topographic and geographic
relation of the proposed exemption to the surrounding area for which a copy of
U.S.G.S. quadrangle map may be used.
5. Submit a copy of the deed and a legal description of the subject property.
6. Submit the Pre -Application conference summary from the pre -application
conference.
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. If the
property is owned by a corporate entity (such as an LLC, LLLP, etc.) please submit
a copy of a recorded `° Statement of Authority" demonstrating that the person
signing the application has the authority to act in that capacity for the entity.
iI. PROCEDURAL REQUIREMENTS
The following outlines the basic administrative process for an application requesting
development within the 100 -year floodplain. (This is further detailed in Section 4-203 of
Article IV.)
1. Pre -Application Conference (Section 4-103(A))
2. Application (Section 4-601(A))
3. Determination of Completeness Section 4-103(C))
4. Evaluation by Director/Staff Review (Section 4-103 (E))
5. Director Decision
6. Written Notice of Decision
III. SUBMITTAL REQUIREMENTS
In addition to the general submittal requirements above, an application for development in
the 100 -year floodplain is required to contain the following information which is more fully
detailed in Section 4-503 of Article IV.
A. Site Plan. In addition to the site plan requirements set forth in Section 4-502(C)(3),
the site plan shall include the following elements. The Floodplain Administrator may
require, or the applicant may choose to submit, a more detailed version of all or part
of the site plan. (See Standards 7-701)
1. Base flood boundary and water surface elevations.
2. Floodway boundary.
3. Channel of the watercourse.
4. Existing and proposed topographic contours shown at vertical intervals of no
greater than 2 feet.
5. Elevation of the lowest floor, including basement and garage, of each
existing and proposed structure.
6. Proposed elevations to which structures will be flood proofed (if applicable).
7. Location, dimension and elevation of proposed landscape alterations.
8. Elevations of existing streets, water supply, and sanitation facilities.
9. Boundaries and total land area of all existing and proposed impervious
surfaces, including structures.
10. Location of existing water supply ditches, irrigation ditches and laterals.
B. Channel Cross -Section. A typical cross-section showing the following elements:
1. Channel of the watercourse.
2. Boundaries of floodplain adjoining each side of channel.
3. Area to be occupied by the proposed land use.
4. Existing and proposed base flood elevations.
C. Construction Specifications. Specifications for construction and materials of
buildings, flood proofing, filling, dredging, grading, channel improvements, storage
of materials, water supply, and sanitation facilities as applicable.
D. Alteration of Water Course. Description of the extent to which any water course will
be altered or relocated as a result of the proposed development.
E. Floodway Analysis. A floodway analysis prepared by a qualified professional
engineer shall be required for all land use proposed to be located in a Floodway,
and shall meet the following guidelines. If a detailed hydraulic floodway analysis
has not been performed, the Floodplain Administrator shall require the applicant to
provide the analysis necessary for determining the floodway boundary.
1. The Floodway Analysis shall be completed using methodology acceptable to
the Federal Emergency Management Agency (FEMA) and Colorado Water
Conservation Board:
2. The Floodplain Administrator may require a detailed hydraulic floodway
analysis based on the identical hydraulic model used to develop the current
engineering study adopted by the Board of County Commissioners, if
available.
3. The hydraulic model shall be updated to reflect existing hydraulic conditions,
to determine any increase in the 100 -year water surface elevation levels that
has occurred as a result of development since the floodplain was
established.
a) Alternate floodway configurations may then be analyzed based on
methods as outlined in the current U.S. Army Corps of Engineers
HEC -RAS Water Surface Profiles Users Manual and submitted to
the Floodplain Administrator for review and approval.
b) The analysis shall provide a determination of the cumulative effects
of the proposed development, plus the effects of development since
the original flood hazard area was established, on the base flood
elevation.
c) At the Floodplain Administrator's discretion, where a regulatory
floodway has been designated, it may not be necessary to
determine the cumulative effects of existing development.
4. Floodway boundary configurations shall be examined and approved by the
Floodplain Administrator. The following information shall be included for the
stream reach 1000 feet upstream and 1000 feet downstream from the
proposed encroachment:
a) A copy of the printout for the hydraulic computer model representing
the base flood profile run for conditions existing at the time the
currently effective floodplain was developed. The printout must
include the full input and output listing.
b) A copy of the printout from the hydraulic computer model
representing the floodway run for the proposed floodway
configuration and including developments and other hydraulic
changes within the floodplain since the currently effective floodplain
was established. The printout must include the full input and output
listing with all input changes from the original model highlighted.
c) A copy of the floodway data table representing data for the
proposed floodway configuration.
d) A copy of the currently effective official engineering study showing
the existing floodplain and the proposed floodway configuration.
e) Certification from a Colorado Registered Professional Engineer that
the proposed floodway configuration, in combination with current
floodplain hydraulic conditions, meets FEMA and CWCB
requirements when evaluated against flood elevations established
when the original floodplain study was completed.
F. Floodplain Impact Report. An engineering report addressing the standards set forth
in Article 7, Section 7-701.
I have read the statements above and have provided the required attached information
which is correct and accurate to the best of my knowledge.
€,-,0~$ g -74d 7I February 29, 2012
(Signature of Property Owner) Date
GARFIELD COUNTY
BUILDING AND PLANNING DEPARTMENT
FEE SCHEDULE
Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No.
98-09, has established a fee structure ("Base Fee") for the processing of each type of
subdivision and land use applications.
The Base Fee is an estimate of the average number of hours of staff time devoted to
an application, multiplied by an hourly rate for the personnel involved. The Board
recognized that the subdivision and land use application processing time will vary and
that an applicant should pay for the total cost of the review which may require
additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of
the respective positions combined with an hourly overhead cost for the office will be
used to establish the actual cost of County staff time devoted to the review of a
particular project.
Actual staff time spent will be charged against the Base Fee. After the Base Fee has
been expended, the applicant will be billed based on actual staff hours accrued. Any
billing shall be paid in full prior to final consideration of any land use permit, zoning
amendment or subdivision plan. If an applicant has previously failed to pay application
fees as required, no new or additional applications will be accepted for processing until
the outstanding fees are paid.
Checks, including the appropriate Base Fee set forth below, must be submitted with
each land use application, and made payable to the Garfield County Treasurer.
Applications will not be accepted without the required application fee. Base Fees are
non-refundable in full, unless a written request for withdraw from the applicant is
submitted prior the initial review of the application materials.
Applications must include a Payment Agreement Form ("Agreement") set forth below.
The Agreement establishes the applicant as being responsible for payment of all costs
associated with processing the application. The Agreement must be signed by the
party responsible for payment and submitted with the application in order for it to be
accepted.
The following Base Fees shall be received by the County at the time of submittal of
any procedural application to which such fees relate. Such Base Fees shall be in
addition to and exclusive of any cost for publication or cost of consulting service
determined necessary by the Board for the consideration of any application or
additional County staff time or expense not covered by the Base Fee, which have not
otherwise been paid by the applicant to the County prior to final action upon the
application tendered to the County.
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
BASE FEES
TYPE OF LAND USE ACTION
Vacating Public Roads & Rights -of -Way
Sketch Plan
Preliminary Plan / Conservation Subdivision
Preliminary Plan Amendment
Final Plat
Final Plat Amendment / Correction Plat
Combined Preliminary Plan and Final Plat
Minor Exemption / Amendment
Major Exemption / Amendment
Rural Land Development Option Exemption / Amendment
General Administrative Permit
Floodplain Development Permit
Pipeline Development Plan / Amendment
Small Temporary Employee Housing
Minor Temporary Employee Housing
Limited Impact Review / Amendment
Major Impact Review / Amendment
Rezoning: Text Amendment
Rezoning: Zone District Amendment
Planned Unit Development (PUD) / Amendment
Comprehensive Plan Amendment
Variance
Interpretation
Takings Determination
1041: Areas & Activities of State Interest
Planning Staff Hourly Rate
• Planning Director
• Senior Planner
• Planning Technician
• Secretary
County Surveyor Review Fee (includes review of Amended
BASE FEE
$400
$325
$675 + application agency
review fees and outside
consultant review fees, as
authorized pursuant to the
Regulations, such as the
Colorado Geologic Survey
$325
$200
$100
$1,075
$300 / $300
$400 / $300
$400/$300
$250
$400
$400 / $300
$50
$250
$400 / $300
$525 / $400
$300
$450
$5001$300
$450
$250
$250
NO FEE
$400
$50.50
$40.50
$33.75
$30.00
Determined by Surveyor$
Plats, Final Plats, Exemption Plats)
Mylar Recording Fee $11 -- 15t page
$10 each additional page
Page 2
The following guidelines shall be used for the administration of the fee structure set
forth above:
1. All applications shall be submitted with a signed Agreement for Payment form set
forth below.
2. County staff shall keep accurate record of actual time required for the processing
of each land use application, zoning amendment, or subdivision application. Any
additional billing will occur commensurate with the additional costs incurred by
the County as a result of having to take more time that that covered by the base
fee.
3. Any billings shall be paid prior to final consideration of any land use permit,
zoning amendment, or subdivision plan. All additional costs shall be paid to the
execution of the written resolution confirming action on the application.
4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be
recorded or issued until all fees have been paid.
5. In the event that the Board determines that special expertise is needed to assist
them in the review of a land use permit, zoning amendment, or subdivision
application, such costs will be borne by the applicant and paid prior to the final
consideration of the application. All additional costs shall be paid prior to the
execution of the written resolution confirming action on the application.
6. If an application involves multiple reviews, the Applicant shall be charged the
highest Base Fee listed above.
7. Types of "Procedures" not listed in the above chart will be charged at an hourly
rate based on the pertinent planning staff rate listed above.
8. The Planning Director shall establish appropriate guidelines for the collection of
Additional Billings as required.
Page 3
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
PAYMENT AGREEMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and Iron Rose Ranch, LLC
Property Owner (hereinafter OWNER) agree as follows:
1. OWNER has submitted to COUNTY an application for
Floodplain Development Permit (hereinafter, THE PROJECT).
2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as
amended, establishes a fee schedule for each type of subdivision or land use review
applications, and the guidelines for the administration of the fee structure.
3. OWNER and COUNTY agree that because of the size, nature or scope of the
proposed project, it is not possible at this time to ascertain the full extent of the costs
involved in processing the application. OWNER agrees to make payment of the Base Fee,
established for the PROJECT, and to thereafter permit additional costs to be billed to
OWNER. OWNER agrees to make additional payments upon notification by the COUNTY
when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or
cost of consulting service determined necessary by the Board of County Commissioners for
the consideration of an application or additional COUNTY staff time or expense not covered
by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay
additional billings to COUNTY to reimburse the COUNTY for the processing of the
PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to
the final consideration by the COUNTY of any land use permit, zoning amendment, or
subdivision plan.
PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE)
I hereby agree to pay all fees related to this application.
Thomas H. Bailey
Print Name
Mailing Address:
E -Mail Address:
Phone Number:
1000 Blue Heron Lane, Carbondale CO 81623
rjo@atsgeo.com
970-948-5373
Oma` "1 -
Signature Date
February 29, 2012
Page 4
STATEMENT OF AUTHORITY
Pursuant to C.R.S. §38-30-172, the undersigned executes
this Statement of Authority on behalf of Iron Rose Ranch, LLC
a (corporation, limited liability
company, general partnership, registered limited liability
partnership, registered limited liability limited partnership,
limited partnership association, government agency, trust or
other), an entity other than an individual, capable of holding
title to real property (the "Entity"), and states as follows:
The name of the Entity is Iran Rose Ranch, LLC
and is formed under the laws of Colorado
The mailing address for the Entity is IMO Blue Herron Lane
Carbondale, CO 81623
The name and/or position of the person authorized to
execute instruments conveying, encumbering, or otherwise
affecting title to real property on behalf of the Entity is
Thomas H. Bailey
The limitations upon the authority of the person named
above or holding the position described above to bind the Entity
are as follows: None
(if no limitations, insert "None")
Other matters concerning the manner in which the Entity
deals with any interest in real property are: None
(if no other matter, leave this section blank)
EXECUTED this 2811 day of February , 2012.
Signature:
Mame ( typed or printed: Thomas H. Bailey
Title (if any):
STATE OF .C7t_U.,2_ ltiD)
)SS,
COUNTY OF berg. C`L+.-'.G
The foregoing instrument was acknowledged before me this
, 201Lby
cLjW ,E-1 , a c srs zY A;) c t (" C"--
05/09
Witness my hand and official seal.
My commission expires:
LARI GOODE
NOTARY PUBLIC
STATE OF COLORADO
MY COMMfSS ON EXPiF1$$1/8/2015
day
of
or. -half of
(No ary Pubi.ic)
IRON ROSE
CARBONOALE
RECFJ'VFJ)
GARFIELD COUNTY
BUILDING & PLANNING
I hereby authorize Robert O'Brien of AquaTerra Services, LLC, whose
address is
.153 Bergen Parkway, Suite M474, Evergreen, Colorado B0439, to act as
Owner's
Representative for this permit.
Thomas H. Bailey
Notary
County:
Date:
lZ
Signatu
e:
IRON ROSE RANCH 1000 BLUE HERON LANE CARBONDALE . COLORA00 81623 P.970.963.4817 F. 970.963.9359
IRON ROSE
CARg0N0ALE
March 21, 2012
To Whorl It May Concern:
I hereby authorize Paul Currier, P.E. of Water Resource Consultants,
LLC, whose
address is 244 Hutton Av, Rifle, CO 81650, to act as Owner's
Representative for
this permit.
Signature
Printed Name
3 V-_
Date
This is to certify that Thomas H Bailey has signed this document On
March 21, 2012 jn the County of Garfield in the state of Colorado.
%1�L
Lari Goode
LARI GOODE
NOTARY PUBLIC
STATE OF COLORADO
MY COMMISSION EXPIRES 116/2015
IRON ROSE RANCH 1000 BLUE HERON LANE CAReONDALE • COLORADO 81623 P. 970963.4817 F. 970.963.9359
CsK)
NOTE: The following is included to show the parcels encumbered by this application
are owned by "The Bailey Family Investment Co." which is a partner in Iron Rose Ranch, LLC.
ARTICLES OF ORGANIZATION
OF
WAGON TRAIL HORSE FARMS, L.L.C.
The undersigned, being a natural person of eighteen years of
age or more and desiring to form a limited liability company under
the laws of the state of Colorado, does hereby sign and deliver in
duplicate to the Secretary of State of Colorado these Articles of
Organization.
ARTICLE I'
Name
961077835 C $50.00
SECRETARY OF STATE
O6-10-96 14:51
The name of the limited liability company shall be "WAGON
TRAIL HORSE FARMS, L.L.C." (the "Company").
ARTICLE II
Registered Office and Agent
The address of the initial registered office of the Company is
100 Fillmore Street, Suite 300, Denver, CO 80206. The name of the
Company's registered agent at such address is Thomas H. Bailey.
Either the registered office or the registered agent may be changed
in the manner provided by law.
ARTICLE III
Initial Members
The names and addresses of the persons who are the initial
members of the Company are as follows:
Thomas Bailey
Bailey Family
Investment Companyv
.Oo
100 Fillmore Street
Suite 300
Denver, CO 80206
100 Fillmore Street
Suite 300
Denver, CO 80206
ARTICLE IV
Organizer
The name and address of the organizer is Michelle M. St.
Pierre, 303 E. 17th Avenue, Suite 1100, Denver, CO 80203.
IN WITNESS WHEREOF, the above named organizer has signed these
Articles of Organization this AD day of June, 1996.
EIAMMOOMIAbaMTM
Michelle M. St. Pierr
AMENDMENT TO ARTICLES OF ORGANIZATION
Form 405 Revised July 1, 2002
Filing fee: $25.00
Deliver to: Colorado Secretary of State
Business Division
1560 Broadway, Suite 200
Denver, CO 80202-5169
This document must be typed or machine printed
Copies of filed documents may be obtained at www.sns state.eo us
ruL_o
DONSICOLO: kiC:tiTARY On STA1s
AMC/YE SPACE FOR OMFIC& USS ONLY
1q9' to 0`1-7 s3 g.
Pursuant to § 7-80-209, Colorado Revised Statutes (C.R.S.), the individual named below causes
this Amendment to the Articles of Organization to be delivered to the Colorado Secretary of
State for filing, and states as follows:
The name of the limited liability company is: Wagon Trail Horse Farms, L.L.C.
The Articles of Organization shall be amended as set forth herein (?nark all that apply).
Li There is a change in the name of the Iimited liability company to.
Cold Iron Cutting Horses LLC
The entity name of a limited liability company must contain the term 'limited liability company'; "ltd. liability
company" 'limited liability co.",or"ltd. liabilityco,"orthe abbreviation nLLC"or"L.L.C."§i-90-601(3)(c), C.R.S.
0 There is a false or erroneous statement in the articles of organization.
The (a) name or names, and (b) mailing address or addresses, of any one or more of the
individuals who cause this document to be delivered for filing, and to whom the Secretary of
State may deliver notice if filing of this document is refused, are:
Thomas H. Bailey, 218 E. Valley Road, Ste 104, Carbondale, CO 81623
OPTIONAL. The electronic mail and/or Internet address for this entity is/are:
e-mail Web site
The Colorado Secretary of State may contact the following authorized person regarding this
document: name address
voice
fax e-mail
COMPUTER UPDATE COMPLETE
E
VF
Uixlainm This?torn,and any HaatU instructi,na+ue not inwnkd 1u yrotida tea. businsi oc we advice, and are ofircdua runny s.'nia without ropknorontionwumrnry. Whit this forma, believed co assay minimum legal
ra wrcmanu ar urtrrnr,iun dem, usmplinno nl,lIaprIinobla mw a, rha =no crayh: arwt,mdfromrima w dmc.rmains rhe rayWnsibibty or dr; urrufthis furor Quntionrahwld be addnvnl to rhe trues mummy.
AMENDMENT TO ARTICLES OF ORGANIZATION
Form 405 Revised July 1, 2002
Filing fee: $25.00
Deliver to: Colorado Secretary of State
Business Division
1560 Broadway, Suite 200
Denver, CO 80202-5169
This document must be typed or machine printed
Copies of filed documents may be obtained at wwiv MS State cn u .
C
,.3.iri i
3ECr.rlia, ;•r:V 1]F SIVE
09-70-2003 10,11; `00
ABOVE SPACE FOR OFFICE USE ONLY
.C� wicl u t ern S S
Pursuant to § 7-80-209, Colorado Revised Statutes (C.R.S.), the individual named below causes
this Amendment to the Articles of Organization to be delivered to the Colorado Secretary of
State for filing, and states as follows:
The name of the limited liability company is: Cold Iron Cutting Horses LLC;
The Articles of Organization shall be amended as set forth herein (mark all that apply):
0 There is a change in the name of the limited Iiability company to.
Iron Rose Ranch LLC
The entity name of a limited liability company must contain the term "limited liability company", "lid. liability
company", "limited liability co.'; or "ltd. liability co."or the abbreviation "LLC" or "L.L.0 "§7-90-601(3)(c), C.R.S.
0 There is a false or erroneous statement in the articles of organization.
The (a) name or names, and (b) mailing address or addresses, of any one or more of the
individuals who cause this document to be delivered for filing, and to whom the Secretary of
State may deliver notice if filing of this document is refused, are:
Thomas H. Bailey, 218 E. Valley Road, Ste. 104, Carbondale, CO 81623
OPTIONAL. The electronic mail and/or Internet address for this entity is/are:
e-mail Web site
The Colorado Secretary of State may contact the following authorized person regarding this
document• name address
voice
fax e-mail
CO!. f'.4171,PLEK7
inwLonpr. Iha trm and May relokV m.wctiom,too not intended to mold, I, r, husinosor um !Ala, and., grandM aydslic curie without uprseuation urwa"anty. Whitedtit kill Ebeliovar to sad try nh
r:.yllrcnl;nte nm ufat xsuion ddpwmphoncewilh DNA Wide bw, it the sane may he omeaded from lima to time, remmn:Ina wyonihilityartha us. ofrhit faro. Qwxtitau uheuldhe uddlrsatd to the weft Money.
6. Registered agent mailing address:
(if different from above) (Street name and number or Past Office Box information)
Notice:
(City)
(State) (Postal/Zip Code)
(Province — f applicable) (Country — if not US)
Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the
individual's act and deed, or that the individual in good faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity
with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic
statutes, and that the individual in good faith believes the facts stated in the document are true and the
document complies with the requirements of that Part, the constituent documents, and the organic statutes.
This perjury notice applies to each individual who causes this document to be delivered to the secretary of
state, whether or not such individual is named in the document as one who has caused it to be delivered.
7. Name(s) and address(es) of the
individual(s) causing the document
to be delivered for filing: Bailey Tom
(Last) (First) (Middle) (Suffix)
1000 Bue Heron Lane
(Street name and number or Post Office Box information)
Carbondale CO 81623
(City) (State) (Postal/Zip Code)
United States
(Province — if applicable) (Country — if not US)
(The document need not state the true name and address of more than one individual. However, if you wish to state the name and address
of any additional individuals causing the document to be delivered for filing, mark this box and include an attachment stating the
nanre and address of such individuals)
Disclaimer:
This form, and any related instructions, are not intended to provide legal, business or tax advice, and are
offered as a public service without representation or warranty. While this form is believed to satisfy minimum
legal requirements as of its revision date, compliance with applicable law, as the same may be amended from
time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's
attorney.
REPORT Page 2 of 2 Rev. 8/11/2010
1111 11w0u1, 411,18iit 10YONNrAMis 11181
Receptionp: 733284
0911702007 03 32.36 Ffl Joan elber,co
of 3 Rec Fee:$16 00 Doc Fee O 00 GARFIELD COUNTY co
SPECIAL WARRANTY DEED
TAX I.D.: 2393-352-00-003
35 Acres
East Parcel
For Ten Dollars and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Bailey Exchange II, LLC, a Colorado
limited liability company, whose address is P.O. Box 4806, Dillon, CO 80435
("Grantor"), hereby sells and conveys to The Bailey Family Investment Company, a
Colorado limited liability limited partnership, whose address is 1000 Blue Heron Lan;
Carbondale, CO 8 i 623 ("Grantee"), the following real property located in the County of
Garfield, State of Colorado:
See attached Exhibits A-1 and A-2
To have and to hold the same unto Grantee, its successors and assigns, together
with all appurtenances thereto, and warrants title to same against all persons claiming
under Grantor.
CORRECTION DEED: THIS DEED IS RE -EXECUTED AND RE-RECORDED TO
CORRECT A TYPOGRAPHICAL ERROR IN THE NAME OF THE GRANTEE IN
THE INSTRUMENT RECORDED ON APRIL 30, 2007, AT RECEPTION NO. 722207.
Datedthis ill day of June, 2007,
STATE OF COLORADO
COUNTY OF SUMMIT
) ss.
)
BAILEY EXCHANGE II, LLC, a Colorado
limited liability company
By:
1 i
,'it,
Jacques Voorhees, Manager
The foregoing instrument was acknowledged before me this /3 day of June,
2007 by Jacques Voorhees as manager of Bailey Exchange 1I, LLC, a Colorado limited
liability company.
fy:'t-D Ry 1i':
m _ -- (1)
c„:„.)
My commission oicl!reit
Juno 30,240?
Witness my hand and official seal.
My commission expires:
600 7
Notary Paviic
1111 QUNNI IVIRM A!y tigl Maid iN 1I I1I
Receptlonh. 733284
03117(22107 03:32:30 PFI Jean AlbeeIco
2 of 3 ROC Fee Via OD Ooc r.e 0.00 GARFIELD COUNTY CO
EXHIBIT A-1
(Eubanks Property)
PARCEL A:
A parcel of land situated in Lots 3 and 4 Section 35, Township 7 South, Range
88 West of the Sixth Principal Meridian, said parcel of land is described as
follows:
Beginning at a point whence the witness corner to the South Quarter corner of
said Section 35 bears S 00°40'00" W 1221.00 feet and S 30°43'45" E 1539.49
feet; thence from said beginning point West 866.52 feet; thence North 2182.67
feet to a point on a line (whence the Northwest fence corner of a parcel of land
described as Document No. 263292 in Book 460 at Page 150 as filed in the Clerk
and Recorder's Office of Garfield County, Colorado, bears S 89°23139" W
1767.14 feet); thence N 89°23'39" E 692.72 feet; thence S 00°40'00" W 2112,84
feet to a rebar and cap in place near an existing fence corner; thence S
84°49'00" E 200 feet; thence S 00°40'00" W 59.23 feet to the POINT OF
BEGINNING.
PARCEL B:
A parcel of land situated in Lot 3, Section 35, Township 7 South, Range 88 West
of the Sixth Principal Meridian, said parcel of land is described as follows:
Beginning at the corner common to Sections 26, 27, 34 and 35 in said Township
and Range whence an iron pipe with a brass cap properly marked for the witness
corner of said Sections bears: North 66.00 feet; thence from the corner common
to said Sections S 89°35'14" E 999.48 feet along the Section line between said
Sections 26 and 35 to the true POINT OF BEGINNING; thence S 89°35'14" E
692.73 feet along said Section line; thence S 00°40'00" W 2.76 feet; thence S
89°23'39" W 692.73 feet; thence North 15.07 feet to the true POINT OF
BEGINNING.
and together with a non-exclusive easement for roadway access and utilities over
and across the westerly 30 feet of Lot 9 and Lot 11, Section 35, Township 7
South, Range 88 West of the 6th P.M., extending in a northerly direction from
County Road 100 to the easternmost point on the boundary line of the above
described Parcel A for which the call is S. 84°49'00" E. 200.00 feet.
Garfield County, Colorado.
A-1
1111 Ni1,1111 lt' AMINIMINIVICW4 ki 1111
Receptionp: 733284
09/17!2007 0332:30 PIs Sean Alberico
3 er 3 R.c Fee $16 00 Doc Fee.0. 00 GARFIELD C01}NTY CO
EXHIBIT A-2
(Fasching Property)
PARCEL A
A TRACT OF LAND LOCATED IN LOT 2 OF SECTION 10, TOWNSHIP 8 SOUTH, RANGE 88
WEST
OF THE 6TH P.M., DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT FROM WHICH THE NORTH QUARTER CORNER OF SECTION 10,
TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6TH P.M., BEARS N. 49 DEGREES 05' W.
599.7 FEET; THENCE S. 78 DEGREES 13' E. 736 FEET, MORE OR LESS TO THE CENTER OF
THE CRYSTAL RIVER; THENCE SOUTHERLY ALONG CENTER OF CRYSTAL RIVER 772 FEET
MORE OR LESS, TO A POINT; THENCE S. 80 DEGREES 49' W. 697 FEET, MORE OR LESS;
THENCE N. 4 DEGREES 17' E. 1024.22 FEET, TO THE PLACE OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
TOGETHER WITH A PARCEL OF LAND DESCRIBED IN DEED RECORDED SEPTEMBER 20,
2004 IN BOOK 1623 AT PAGE 989.
TRACT B
A NON-EXCLUSIVE EASEMENT OVER AND UPON A 30.00 FOOT WIDE STRIP OF LAND
SITUATED IN LOT 2, SECTION 10, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO: SAID PARCEL LYING
15,00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE.
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THAT PARCEL OF LAND DESCRIBED
IN
RECEPTION NO. 393063 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE,
WHENCE THE SOUTHWEST CORNER OF SAID PARCEL BEARS S. 80 DEGREES 54' 27" W.
436.08; THENCE 82.20 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS
OF 125,00 FEET, A CENTRAL ANGLE OF 37 DEGREES 40' 40" (CHORD BEARS S. 12
DEGREES 50' 20" W. 80.73 FEET); THENCE S. 06 DEGREES 00' 00" E. 23.64 FEET;
THENCE 67.88 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
60.00 FEET, A CENTRAL ANGLE OF 64 DEGREES 49' 06" (CHORD BEARS 5. 38 DEGREES
24' 33" E. 64.32 FEET) TO A POINT ON THE CENTERLINE OF COUNTY ROAD NO, 118 AS
CURRENTLY CONSTRUCTED AND IN PLACE, THE TERMINUS.
COUNTY OF GARFIELD
STATE OF COLORADO
A-2
111114111111 IIIIII 1111111111111111 IIII1111111141 1111
1 gf 2 2 RBt06l0200302 0.00PGARFII LD01516 1COUNTYLCO�F
WARRANTY DEED
THIS DEED, made July 31, 2003,
Between HIGH COUNTRY STARSHIP LIMITED A COLORADO LIMITED PARTNERSHIP
of the County of PITKIN, State of CO, GRANTOR,
AND THE BAILEY FAMILY INVESTMENT COMPANY, a Colorado limited liability limited
partnership, GRANTEE
whose legal address is : P. O. BOX 11234, ASPEN, CO, 81612
of the County of PITKIN, State of CO
TAX I.D.: 2393-352-01-009
13 Acres
West Parcel
WITNESSETH, That for and in consideration of the sum of ten dollars and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the grantor has granted, bargained,
sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, his
heirs and assigns forever, all the real property together with improvements, If any, situate and tying and being in
the County of GARFIELD, State of COLORADO, descrlbed as follows:
SEE EXHIBIT A ATTACHED HERETO
m
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise
Ir appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof. and all the estate,
r right, title, interest, claim and demand whatsoever of the grantor either In law or equity, of, In and to the above
( bargained premises, with the hereditaments and appurtenances TO HAVE AND TO HOLD the said premises
above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever, And the
r Grantor, for himself, his heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, his
heirs and assigns, That at the time of the ensealing and delivery of the presents, he is well seized of the premises
above conveyed, has good, sure, perfect, absolute end indefeasible estate of inheritance, in law, in fee simple,
and has good right, full power and lawful authority 10 grant, bargain, sell and convey the same in manner and
form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens,
taxes, assessments, encumbrances and restrictions of whatever kind or nature waver, except those matters as
set forth on Exhibit *Er attached hereto and incorporated herein by reference. The grantor shall and will
WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of
A 3 the grantee, his heirs and assigns, against ail and every person or persons lawfully claiming the whole or any
part thereof. The singular number shall include the plural, the plural the singular, and the use of gender shall be
applicable to all genders.
a 1 e IN WITNESS WHEREOF the grantor has executed This deed.
zHIGH COUNTRY STARSHIP LIMITED,
aCalor ao limited partners
HENR`Gki�i�TtfE, GENERAL PARTNER
STATE OF COLORADO
55
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this 31ST day of JULY, 2003.
by HENRY H, HITE, GENERAL PARTNER OF HIGH COUNTRY STARSHIP LIMITED A COLORADO LIMITED
PARTNERSHIP.
WITNESS my hand and official seal
my commission expires'.
Jay S. tiicienOutary Path
kty chime se+elt ere e1224a
Sete al Cdoredo
Mikan 10
H LMC C€F9
I lC
HE PEARL
ST 5 7 G W E N
Ilei PEARL ST SLIT 'OC
eOULec. ce nv12
Lary Public
1111111111111111111111113P 1I11111111E IIIA 11111111
636022 09/08/2
2 of 2 R 11.00 0 250.00 GARFIELD COUNTY CO
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 5,
GOOSE CREEK SUBDIVISION, according 10 the Amended Final Plat of Goose Creek Subdivision, recorded September
2003 as Reception No. jo 5'62 11
IRON ROSE RANCH
Garfield County
Floodplain Development Permit Application
Mar. 5, 2011
GENERAL LOCATON MAP
Carbondale, Colorado
82-
PROJECT
LOCATION
5
sr
OIL Yesbf
417
Evdid Aver
Soprts Ave
a-.
,.
ro
6
Rover
Valley Ranch
A
WATER RESOURCE CONSULTANTS, LLC
IRON ROSE RANCH
Garfield County
Floodplain Development Permit Application
Mar. 5, 2011
PROJECT NARRATIVE
Project need: In 2011 the Roaring Fork River cut a new main channel through the left descending bank of the river. This was temporarily
repaired on land adjacent to and east of the Applicant, with the adjacent land owner's authorization. However, the adjacent
land owner is not currently willing to allow further stream stabilization work to be conducted on their property.
Without stabilizing the left bank of the river, the river has continued to migrate westward. A review of aerial photographs
shows as much as 200 feet of lateral movement between 1983 and 2011. Between 2007 and 2011 there was approximately
150 feet of lateral movement, towards the west. encroaching on the Applicant's property.
Project purpose: To provide a line of defense against river migration, and to minimize sheet flow through and around existing structures.
Pre -Application: An on-site pre -application meeting was held Feb. 23, 2012 (Glenn Hartmann, Gale Carmoney, Paul Currier).
Project description: Along the east property line excavate a trench up to 6'-8' deep and place 2'-4' boulders in the trench. In the flood fringe,
extend the boulders 3'-4' above grade. Cover with gravel and topsoil and revegetate. In the floodway, do not extend the
boulders above grade.
Adjacent to buildings and structures, places a small berm above grade in the floodfringe. The purpose is to minimize shallow
sheet flow from running through and around structures.
AL
WATER RESOURCE CONSULTANTS, LLC
IRON ROSE RANCH
Garfield County
Floodplain Development Permit Application
Mar. 5, 2011
Effective FIS Floodway, Jan. 3, 1986 overlain on Aug. 22, 2011 High Resolution Aerial
EROSION PROTECTION
In Flood Fringe — below and
above grade
EROSION PROTECTION
In Floodway— below grade
REGULATORY
FLOODWAY
FLOOD PROTECTION
Berm to minimize sheet flow
around structures
WATER RESOURCE CONSULTANTS, LLC
IRON ROSE RANCH
Garfield County
Floodplain Development Permit Application
Mar. 5, 2011
Typical Erosion Protection Along East Property Line
3'-4' Above Grade
2'-' Boulders,
covered with cobble
from on-site; topsoil
and revegetate
4'-6' Typ.
1 Typ. or flatter
NOTE:
Do not berm above grade in the
Floodway. Berm above grade only
in the Floodfringe.
Extend 6'-B' Below
Grade
Existing Grade
WATER RESOURCE CONSULTANTS, LLC
IRON ROSE RANCH
Garfield County
Floodplain Development Permit Application
Mar. 5, 2011
Typical Flood Mitigation Berm Around Structures
Place only in Flood Fringe
2'-3' Above Grade
Berm to be placed in
floodfringe only in upland
area. Use on-site cobble and
gravel; topsoil and revegetate
to blend into grades
2'-3' Typ.
1 Typ, or flatter
Existing Grade
WATER RESOURCE CONSULTANTS, LLC
IRON ROSE RANCH
Garfield County
Floodplain Development Permit Application
Feb. 27, 20121 Revised Mar. 23, 2012
PROPERTY LINE
EXISTING BOUNDARY
FENCE TA
STOCK AND FARM CU VERT CR1 SSING
1, PLACE UPSTREAM END OF CULVERT - 20 TO 90 FEET '.DEKINSTREAM
OF PROPERTY LINE,
2. PLACE TVIN 42 its, x 40 FT. A.TsS CUL VERTgrEIN GRADE 17F1 STREAM.
3. PLACE CULVERTS MIN. E1 IN. APART TO FILITATE BACKFILLING,
A. BACKFILL 1VITH NATIVE MATERIAL, M4. STLY SANDY GRA, $, < 6 IN. DTAN.
5. PLACE Z5 IN. — 24 IN. RWPAP AT 1.541V SLOPES OR FLATTER.
TIE INTO EXISTING GR.A E�', z1
6. RIPRAP MIN. 20 FT. UPSTREAM AND — 00 FT. DCVNSTREAM4 DF CULVEf2
7, RIPRAP FLOOR £?F APPROACH AND DISCHARGE 'WITH 18"-24" RIPRAP,
S. CONTINUE FLOOD MITIGATION PERM ACROSS TOP OF CULVERTS,
EXISTING GRADE ON SOUTH SIDE OF CULVE2?TS.
9. PLACE MIN. OF 3 FT, OF FILL OVER CULVERTS.
10, RE—ALIGN STICK FENCES AS NEEBEDD,
Lt„ n
A
WATER RESOURCE CONSULTANTS, L.LC
IRON ROSE RANCH
Garfield County
Floodplain Development Permit Application
Feb. 27, 2012 / Revised Mar. 23, 2012
CULVERT — CROSS SECTION SKETCH
N.T.S.
TWIN 42" ADS CULVERTS,
BACKFILL WITH NATIVE
MATERIALS < 6 IN, DIAM.
1
1.5
AL
WATER U RCE CONSULTANTS, L.L.0
RIPRAP FLOOR AND SIDES DF CHANNEL.
SEE PLAN VIEW FOR EXTENTS.
IRON ROSE RANCH
Garfield County
Floodplain Development Permit Application
Feb. 27, 2012 / Revised Mar. 23, 2012
CULVERT— LONGITUDINAL SECTION
MIN. 3' OF FILL OVER PIPE.
I.5
1.0V TYP.
3 FT. MIN.
RIPRAP TU
TOP DF BANK
TIE INTO EXISTING
GRADES.
1�� }✓ � .�rl� ���J�!:J�e{ Irl+Ti lith
20 FT ±
TWIN 42 IN. DIAM. ADS CULVERTS; BAND
TOGETHER PER MANUFACTURERS SPECS.
RIPRAP ON SIDE SLOPES NOT SHOWN.
FLOW
7-10 FT.—ro-i
WATER RESOURCE CONSULTANTS, LLC
- 1111 IYN' i4lLft1I'!lil IIA ,I01W1ICG10i4k"IVIICISI IN 11111
Reception#: 817057
04/09/2012 11:11:54 AM .}ran Atberioo
1 of 1 Roc Fee:$1f.00 Doc Fee:0.00 GARFIELD COUNTY CO
STAT NT OF AITHOAITY
CONFORM)
COPY
Pursuant to C.R.S. §38-30-172, the undersigned executes
this Statement of Authority on behalf of iron Rose Ranch,LLC
a (corporation, limited liability
ity
company, general partnership, registered limited liability
partnership, registered limited liability limited partnership,
limited partnership association, government. agency, trust or
other), an entity other than an individual, capable of holding
title to real property (the "Entity") , and states as follows:
The name of the Entity is Iron Rose Ranch. LLC
and is formed under the laws of Colorado
The mailing address for the Entity is IMO Blue H-Ierron Lane
Carbondale, CO 81623
The name and/or position of the person authorized to
ex4nute instruments conveying, encumbering, or otherwise
affecting title to real property on behalf of the Entity is
-Thomas H. Bailey
The limitations upon the authority of the person named
above or holding the position described above to bind the Entity
aro a_ follows: None
(.if no I1Mi1:r3ti :fs, insert "None"F
C-.T,er matters concerning the manner in which the Entity
with any interest in real property are: None
i c otbor ratter, leave thi3 s�;t:i.ic:: blank)
EXECTE Iris 28th day of Febru 2 )
2
n -i. gnvture; -4,
Nar,:e(typed ar printed: Thomas Bailey -- —
C.I (;.f any):
7 TNFi O
)55.
COUNTY O (...?> .n... .Lt�
The foregoing— instrument was abknow_ectged before me'Ails q day •f
, ?.O tLby n � vi half cl
05/09
Witness my hand and .off;.+l.a1 seal.
My coriLd3si0n ex to
MY 001
ILOKIRM 11mwi5
1
FLOODPLAIN DEVELOPMENT PERMIT APPLICATION:
PROPERTIES WITHIN A 200 FT. RADIUS OF TAX PARCEL NOS.:
Parcel #1:
Parcel #2:
Owner:
239335200003
239335201009
Bailey Family Investment Co. LLP
Attn: Iron Rose Ranch
1000 Blue Heron Lane, Carbondale, CO 81623
Note: Address records taken from Garfield County, Colorado Assessors records on April 9, 2012
PARCELNB NAME
239335100002
239335201004
239335201008
239335300041
239335200012
239336100005
239335200011
DEANE, DOANE H
HIGH COUNTRY STARSHIP LIMITED
HIGH COUNTRY STARSHIP LIMITED
NILSEN, MARIAN
OROSZ, MYRNA M FAMILY TRUST
RANCH AT ROARING FORK HOMEOWNERS ASSOCIATION INC
SCHAUSTER, JAMES H & ERMA J
ADDRESS2
0477 ROSE LANE
PO BOX 155
PO BOX 155
108 E MICHIGAN AVE NO K -012A
0384 ROSE LANE
14913 HWY 82, CARBONDALE
422 ROSE LANE
CITY
CARBONDALE
WOODY CREEK
WOODY CREEK
KALAMAZOO
CARBONDALE
CARBONDALE
CARBONDALE
STATE ZIPCODE
CO 81623
CO 81656-0155
CO 81656-0155
MI 49007-3966
CO 81623
CO 81623
CO 81623
Filed for record the day.of ,A.D. _,,__•_, at o'cl'ock N.
• By DEPUTY.
'Reception No.
RECORDER.
THIS DEED, Nade on this day of • /ettibe
between STEPHANIE A. SAKSON
of the ' County of OARFIELD
THOMAS H. RML
DEED
and State of Colotedo , of the Grantor(s), and
whose legal address le. t 620 BAST COOPER ASPEN. CO X1611 •
of the • County of • PPIT1U 1 and State of Colorado , of the grantee(s):
• YVITNESS, That the Orentor(a), for and in consideration of the errs of ( $799,000,00
***Seven Hundred Ninety Nine Thousand and 00)100 *** DOLLARS
the receipt arid sufficiency of which Is hereby acknowledged, hes granted, bargained, sold and conveyed, arid by these'
preaente does grant, bargain, sell, convey and confirm unto the.Grentee(e), his heirs and assigns forever, a! the
real property, together with improvements, if any, situate. lying and being. In the County of
Q[3pgtIELD and State of Colorado, described es folloWai
S13 EXHIBIT IA" ATTACHED HERETO AND MADE A PART HEREOF
also known ea street number 0189 100 ROAD, CARBONDALE, CO 81623
• TOGETHER with all and singular end hereditaments end appurtenances thereto belonging, or In anywise appertaining
end the reveralon and reversions, remainder end remainders, rents, lumen and profits thereof; and ell the estate, right
title Interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of. In and to the above bargained
.prenlaea, with the heredltements end appurtenances;
TO RAVE AND TO BOLD the said premiaee above bargained and described Nlth appurtenances, unto the 0rentee(a),
hie heirs and assigns forever. The Grenter(a), for himself, his heirs end personal representatives, does covenant, grant,
bargain, and agree to and with the Grantee(s), his hairs end assigns, that at the time of the enseeling and delivery
of these presents, he fe well seized of the premises above conveyed; has good, sure, perfect, ebaolute and Indefeasible
estate of Inheritance. in law, in fee simple, and has good right, full power and lawful authority to grant, bargain.
sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other
grants, bargain® sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature. sumer,
BXt��Bltr GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 2001 AND SUBSEQUENT YEARS, AND SUBJECT TO EXCEPTIONS
ATTACHED HERETO AND INCORPORATED HEREIN.
The Grantor(s) shall and will WARRANT ARO -FOREVER DEFEND the above bargained premises in the quiet end peaceable
possession of the Orantee(s), his heirs and assigns, against all and every person or persona lawfully claiming the whole
or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender
shall be applicable to ell genders.
]N W1TNIi.SS WHEREON the.Grantor(s) has executed this deed on the date set forth above.
STATE OF Colorado )
)as.
County of GARFIELD )
The foregoing inatrunent was acknowledged before me on this day of DDeceaba 03.,400.1 /0/Z.-52/0/
by STEPHANIE A.,SAKSQN
Hy cameleer • ,„
Witness ny '.=nd '• IL effltIK setl�L„sp,D9
STAT OR CO 4tes OSOS' 0p4
ng New y Created Legal Deacriptlon ( 39-'35-106:S, C.R.S.)
When Recorded Return tot PRUDENTIAL TOM & COUNTRY REALTY, INC.
Name and A••r*se of
Escrow' OW237040
Tit leif 011237040
n'V
Notary P •11
0326 HIGHWAY 133
Form No. 932 Rev 4-94. WARRANTY DEED (Photegre. In Record WD.OPEN) CARBONDALE CO 816 3
,$XHXBI2' A
A PARCEL OF LAND SITUATED IN LOT 3 OF SECTION 35, TOWNSHIP 7 SOUTH, RANGE 88
WEST OF THE 6TH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, AND BEINGI MORE
PARTICULARLY DESCRIBED AS FOLLOWS
BEGINNING AT A POINT WHENCE THE WITNESS CORNER OF THE SOUTH QUARTER CORNER OF
SAID SECTION 35 BEARS
S. 27 DEGREES 03'18".E. 4592.67 FEST;
THENCE N. 71 DEGREES 35'034 W. 219.18 FEET;
THENCE N. 64 DEGREES 11'34" W. 295.33 FEET;
THENCE N. 11 DEGREES 46'184 W. 159.19 FEAT;
THENCE N. 45 DEGREES 30'05" E. 199.72 FEET;
THENCE- N. 72 DEGREES 10'004 E. 200.50 PEET;
THENCE 8. 87 DEGREES 54'00" H. 173.10 FEET;
THENCE SOUTH 548.60 FEET TO THE POINT OF BEGINNING.
ALSO KNOWN 'AA
PARCEL C
FOURTH AMENDED ROBBINS SUBDIVISION EXEMPTION
COUNTY OF GARFIELD
BTATE OP COLORADO
GW237040
1
1
1
1
1
1
1
1
1
1
+w
EXJIII3IT Our Order No: 0W23.7040-3
TIIE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY,
FIRE PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN
ANY WATER SERVICE OR STREET IMPROVEMENT AREA.
WATER RIGHTS OR CLAIMS TO WATER RIGHTS,
RIGHT OP WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED April 17,
1892, IN BOOK 12 AT PAGE 480. -
RIGHT OF WAY POR THE UNINTERRUPTED PLOW OP THE ROARING FORK RIVER.
RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER
CLAUSE, I3UT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE,
COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN
UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (a) IS EXEMPT UNDER
CHAPTER 42, SECTION 3607 OP THE UNITED STATES CODE OR (b) RELATES TO
HANDICAP BUT DOHS NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS, AS
CONTAINED IN INSTRUMENT RECORDED March 04, 1986, IN BOOK 684 AT PAGE
61D.
RIGHT OF WAY FOR FLYNN DITCH, AS DISCLOSED BY MAP AND STATEMENT PILED
FEBRUARY 1, 1898 AS DOCUMENT N0.20685.
RIGHT OF WAY OF THE ROCKY MOUNTAIN GAS COMPANY, INC., 50 FEET IN WIDTH
FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF ITS GAS PIPELINE
AND DISTRIBUTION PACILITIES AND APPURTENANCES THERETO, AS GRANTED BY
INSTRUMENT RECORDED OCTOBER 19, 1961 IN BOOK 337 AT PAGE 233.
'TERMS AND CONDITIONS OP THE SUBDIVISION EXEMPTION RESOLUTION NO.
78-111 OF GARFIELD COUNTY RECORDED DECEMBER 13, 1978 IN BOOK 520 AT
PAGE 203 AS RECEPTION NO. 290724. -
EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SHOWN ON THE PLATS OP
THE SUBJECT PROPERTY RECORDED FEBRUARY 2.5, 1986 AS RECEPTION NO,
369049, RECORDED MAY 23, 1988 AS RECEPTION NO. 392257, RECORDED JUNE
13, 1989 AS RECEPTION NO. 402281 AND RECORDED APRIL 15, 1993 AS
RECEPTION NO. 446386.
EASEMENTS AND RIGHTS OF WAY AS RESERVED IN INSTRUMENT RECORDED MARCH
21, 1986 IN BOOK 685 AT PAGE 368.
ABOVE EXCEPTION WILL BE DELETED FROM OWNER'S POLICY.
EASEMENTS AND RIGHTS OF WAY AS GRANTED TO HOLY CROSS ELECTRIC
ASSOCIATION, INC. IN INSTRUMENT RECORDED APRIL 5, 1979 IN BOOK 525 AT
PA GE 608.
ANY BOUNDARY DISCREPANCY DUE TO THE LOCATION OF FENCE LINES AND THE
'i11111�l!II11111![1111I1111111111111!1111111111111111
. 632979 07/30/2003 04:02P B1499 P762 M ALSDORF
1 of 3 R 16.00 D 0 00 GARFIELD COUNTY CO
BARGAIN AND SALE DEED
M
■
Grantor, THOMAS H. BAILEY whose address is P.O. BOX
11234, ASPEN, CO 81612, County of PITKIN and State of
COLORADO for the consideration of One Dollar and other good
and valuable consideration in hand paid, hereby sells and conveys to THE BAILEY FAMILY
INVESTMENT COMPANY, a Colorado limited liability limited partnership whose address is P.O.
BOX 11234, ASPEN CO 81612, County of PITKIN and State of COLORADO, the following four
real properties in the County of Garfield and State of Colorado, with all of their appurtenances:
SEE EXHIBIT A ATTACHED HERETO
Signed this )✓ day of December, 2002.
By:
STATE OF COLORADO )
) ss. •
County of
Thom
as .Bailey/
The foregoing instrument was acknowledged before me this 1S day of December, 2002, by `hoxn .,........
H. Bailey. `/• NI`
`i . �`_\4 rec.,(�
Witness my hand and official seal.• _ i.„ = 4j ..... 1 f r. t_
My commission expires: 4. 3 -O6"-.;•.%--,,% t , a ii.-''
f.oC`4y •/�,,,
X(.,v._d.a_ y., . ,1'c,—y_scti—' t,,,,....
Notary Public
1164756 v2
I fil l�lll I lli 11111 111111111 FE111RIIII 1111 1111
532979 07/30/2003 04:02P B1499 P763 11 ALSDORF
Rof 3 R 16.00 D 0.00 GARFIELD COUNTY CO
EXHIBIT A TO BARGAIN AND SALE DEED
Parcel #1
A parcel of land situated in Lot 8 of Section 34 and in Lot 4 of Section 35, all in Township 7 South, Range 88 West of the
611' P.M., Garfield County, Colorado, and being more particularly described as follows:
Beginning at a point on the westerly boundary line of said Lot 8 whence the witness comer to the S 1/4 comer of said
Section 35 bears South 44° 35'51" East a distance of 4880.36 feet;
thence North 00° 49'00" East a distance of 275.11 feet along said westerly boundary line;
thence East a distance of 791.68 feet;
thence South 00° 49'00" West a distance of 275.11 feet;
thence West a distance of 791.68 feet to the point of beginning.
Also known as
Parcel A,
FOURTH AMENDED ROBBINS SUBDIVISION EXEMPTION
Also known as street number 0187 County Road 100, Carbondale, CO 81623
Parcel #2
A parcel of land situated in Lots 13 and 14 of Section 27 and in Lots 1 and 2 of Section 34, all in Township 7 South,
Range 88 West of the 6th P.M., being more particularly described as follows:
Beginning at a point on the Westerly boundary line of said Lot 1 whence the witness corner to the S 1/4 comer of Section
35, Township 7 South, Range 88 West of the 6`h P.M. bears South 38° 29' 27" East a distance of 5486.73 feet;
thence North 00° 49' 00" East a distance of 419.33 feet along the Westerly boundary line of said Lot 1;
thence North 85* 36' 00" West a distance of 5.08 feet;
thence North 02° 21' 00" East a distance of 289.00 feet;
thence South 50° 31' 00" East a distance of 280.06 feet;
thence South 71° 16' 00" East a distance of 81.01 feet;
thence South a distance of 523.26 feet;
thence South 81° 59' 22" West a distance of 109.22 feet;
thence North 73 ° 59' 52" West a distance of 123.81 feet;
thence North 89° 59' 41" West a distance of 78,40 feet to the point of beginning.
Together with:
A tract of land situated in Lot 14 of Section 27 and in Lot 1 of Section 34, all in Township 7 South, Range 88 West of the
66 P.M., Garfield County, Colorado, and being more particularly described as follows:
Beginning at a point whence the witness corner to the S 1/4 corner of Section 35, Township 7 South, Range 88 West of
the 6a' P.M. bears South 32° 56'23" East a distance of 5718.07 feet;
thence South 71° 16'00" East a distance of 105.59 feet;
thence South a distance of 758.74 feet;
thence West a distance of 100.00 feet;
thence North a distance of 292.65 feet to the point ofbeginning.
Also known as
Parcel B,
FOURTH AMENDED ROBBINS SUBDIVISION EXEMPTION.
Also known as street number 0191 County Road 100, Carbondale, CO 81623
N64756 +n
4411111111111111111111111111111111111111111H11
32979 07/30/2003 04:02P B1499 P764 11 ALSDORF
of 3 R 16.00 D 0.00 GARFIELD COUNTY CO
parcel #3
A parcel of land situated in Lot 3 of Section 35, Township 7 South, Range 88 West of the 6" P.M., Garfield County,
Colorado, being more particularly described as follows:
Beginning at a point whence the witness corner of the S 1/4 corner of said Section 35 bears South 27° 03' 18" East a
distance of 4592.67 feet;
thence North 71° 35' 03" West a distance of 219.18 feet;
thence North 64° 11' 34" West a distance of 295.33 feet;
thence North 11° 46' 18" West a distance of 159.19 feet;
thence North 45° 30' 05" East a distance of 199.72 feet;
thence North 72° 10' 00" East a distance of 200.50 feet;
thence South 87° 54' 00" East a distance of 173.10 feet;
thence South a distance of 548.60 feet to the point of beginning.
Also known as
Parcel C,
FOURTH AMENDED ROBBINS SUBDIVISION EXEMPTION
Mso known as street number 0189 County Road 100, Carbondale, CO 81623
Parcel #4
A parcel of land situated in Lot 14 of Section 27, in Lots 1 and 8 of Section 34, and in Lots 3 and 4 of Section 35, all in
Township 7 South, Range 88 West of the 6's P.M., Garfield County, Colorado, being more particularly described as
follows:
Beginning at a point whence the witness corner to the S 1/4 corner of said Section 35 bears South 27° 03' 18" East a
distance of 4592.67 feet; -
thence South a distance of 615.01 feet;
thence West a distance of 545.99 feet;
thence North 00° 49' 00" East a distance of 275.11 feet;
thence West a distance of 791.68 feet to a point on the Westerly boundary line of said Lot 8;
thence North 00° 49' 00" East a distance of 544.38 feet along the Westerly boundary line of said Lots 8 and 1;
thence South 89° 59' 41" East a distance of 78.40 feet;
thence South 73° 59' 52" East a distance of 123.81 feet;
thence North 81° 59' 22" East a distance of 109.22 feet;
thence North a distance of 23.0.61 feet;
thence East a distance of 100.00 feet;
thence North a distance of 258.74 feet;
thence South 71° 16' 00" East a distance of 329.76 feet;
thence South 72 ° 52' 00" East a distance of 255.56 feet;
thence South 45° 30' 05" West a distance of 199.72 feet;
thence South 11° 46' 18" East a distance of 159.19 feet;
thence South 64° 11' 34" East a distance of 295.33 feet;
thence South 71° 35' 03" East a distance of 219.18 feet to the point of beginning.
Also known as
Parcel D,
FOURTH AMENDED ROBBINS SUBDIVISION EXEMPTION
Also known as street number 0188 County Road 100, Carbondale, CO 81623
#64756 v2
N
I IIIIII I1111 IIIIIII 11111 1111 IIII 1111111111 IIIII 1111 IIII
710151 11/01/2006 11:37A B1858 P850 17 RLSDORF
1 of 3 R 16.00 D 370.00 BARFIELD COUNTY CO
WARRANTY DEED
THIS DEED, made October 31, 2006,
Between DALE EUBANK
of the County of Pitkin, State of CO, Grantor,
AND BAILEY EXCHANGE II, LLC a Colorado Limited Liability Company, Grantee
whose legal address is : Po Box 4806, Dillon, CO 80435
of the County of Summit, State of CO
WITNESSETH, That for and in consideration of the sum of ten dollars and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the Grantor has granted, bargained, sold and
conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the Grantee, his heirs and
assigns forever, all the real property together with improvements, if any, situate and lying and being in the County
of Garfield, State of COLORADO, described as follows:
See Attached Exhibit "A"
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise
appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate,
right, title, interest, claim and demand whatsoever of the Grantor either in law or equity, of, in and to the above
bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the saki premises
above bargained and described, with the appurtenances, unto the Grantee, his heirs and assigns forever. And the
Grantor, for himself, his heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, his
heirs and assigns, that at the time of the ensealing and delivery of the presents, it is well seized of the premises
above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple,
and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form
as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes,
assessments, encumbrances and restrictions of whatever kind or nature soever, except those matters as set forth
on Exhibit "B" attached hereto and incorporated herein by reference, The Grantor shall and will WARRANT AND
FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee, his
heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The
singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to ail
ers.
IN W (VES WHEREOF thi Grantor s executed this deed.
..etiute
DALE EUBANK
STATE OF Ci A(YiL A. )
ss
COUNTY OF � J
The foregoing instrument was acknowledged
by DALE EUBANK
WITNESS my hand and official seal
my commission expires: 1019/2L-4,,
—�
B4825L2
before me this?Oday of
2006,
1111111 11111 1111111 11111 1111 11111111111 III 11111 0111111
710151 11/01/2006 11:37A 81858 P851 M ALSDORF
2 of 3 R 16.00 D 370.00 GARFIELD COUNTY CO
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL A:
A parcel of land situated in Lots 3 and 4 Section 35, Township 7 South, Range 88 West of the Sixth Principal
Meridian, said parcel of land is described as follows:
Beginning ata point whence the witness comer to the South Quarter corner of said Section 35 bears S 00°40'00"
W 1221.00 feet and S 30°43'45" E 1539.49 feet; thence from said beginning point West 866,52 feet; thence North
2182.67 feet to a point on a line (whence the Northwest fence corner of a parcel of land described as Document
No. 263292 in Book 460 at Page 150 as filed in the Clerk and Recorders's Office of Garfield County, Colorado,
bears S 89°23'39" W 1767.14 feet); thence N 89°23'39" E 692.72 feet; thence S 00°40'00" W 2112,84 feet to a
rebar and cap in place near an existing fence corner; thence S 84°49'00" E 200 feet; thence S 00°40'00" W 59.23
feet to the POINT OF BEGINNING.
PARCEL B:
A parcel of land situated in Lot 3, Section 35, Township 7 South, Range 88 West of the Sixth Principal Meridian,
said parcel of land is described as follows:
Beginning at the corner common to Sections 26, 27, 34 and 35 in said Township and Range whence an iron pipe
with a brass cap properly marked for the witness comer of said Sections bears: North 66.00 feet; thence from the
comer common to said Sections 5 89°35'14" E 999.48 feet along the Section line between said Sections 26 and
35 to the true POINT OF BEGINNING; thence S 89°3514" E 692.73 feet along said Section line; thence S
00°40'00" W 2.76 feet; thence S 89°23'39" W 692,73 feet; thence North 15.07 feet to the true POINT OF
BEGINNING.
and together with a non-exclusive easement for roadway access and utilities over and across the westerly 30 feet
of Lot 9 and Lot 11, Section 35, Township 7 South, Range 88 West of the 6th P.M., extending in a northerly
direction from County Road 100 to the easternmost point on the boundary line of the above described Parcel A for
which the call is S. 84°49'00" E. 200.00 feet.
and together with a non-exclusive right to use as a means of ingress and egress for access the following
right-of-way easement described as follows:
A parcel of land situated in Lot 4 of Section 35, Township 7 South, Range 88 West of the Sixth Principal Meridian,
said parcel is described as follows:
Beginning at a point whence the witness comer to the South Quarter corner of Section 35 bears S. 00°40'00" W.
1,221.00 feet and S. 30043'45" E. 1,539.49 feet; thence from said beginning point West 866.52 feet; thence South
30 feet; thence East 866.52 feet; thence North 30 feet to the point of beginning.
1111111111111111II1 11111 1111 11111111111111111111111 1111
710151 11/01/2006 11:37A 61858 P852 M ALSDORF
3 of 3 R 16.00 0 370.00 GARFIELD COUNTY CO
EXHIBIT "B"
1. Taxes for the year 2006 not yet due or payable.
2. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the
same be found to penetrate or intersect the premises hereby granted and right of way for
ditches or canals constructed by the authority of the United States as reserved in United
States Patent recorded January 19, 1895 in Book 12 at Page 353.
3. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the
same be found to penetrate or intersect the premises hereby granted and right of way for
ditches or canals constructed by the authority of the United States as reserved in United
States Patent recorded May 28, 1898 in Book 12 at Page 480.
4. Easement and right of way for an electric transmission or distribution line or system, as
granted to Holy Cross Electric Association, Inc., in instrument recorded in Book 559 at Page
996.
5. Terms, conditions, provisions and obligations as set forth in Easement recorded in Book 560
at Page 236.
6. Terms, conditions, provisions and obligations as set forth in Trench, Conduit and Vault
Agreement with Holy Cross Electric Association, Inc., recorded November 23, 1992 in Book
847 at Page 807.
7. Easement and right of way for an electric transmission or distribution line or system, as
granted to Holy Cross Electric Association, Inc., in instrument recorded January 11, 1993 in
Book 852 at Page 027.
8. Any question, dispute or adverse claim as to any Toss or gain of land as a result of any change
in the river bed location by other than natural causes, or alteration through accretion, reliction,
erosion or avulsion of the center thread, bank, channel or flow of waters in the Roaring Fork
River River Tying within subject land; and any question as to the location of such center thread,
bed, bank, bed or channel as a legal description monument or marker for the purposes of
describing or locating subject lands.
NOTE: There are no documents in the land records of the Office of the Clerk and Recorder of
Garfield County, Colorado accurately locating past or present location(s) of the center thread,
bank, bed, or channel of the above River or indicating any alterations of the same as from time
to time may have oocured.
AND
Any rights, interest or easements in favor of the riparian owners, the State of Colorado, The
United States of America, or the general public, which exist, have existed, or are claimed to
exist in and over the waters and present and past bed and banks of the Roaring Fork River
River.
30d
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EXHIBIT A-1
(Eubanks Property)
PARCEL A:
A parcel of land situated In Lots 3 and 4 Section 35, Township 7 South, Range
88 West of the Sixth Principal Meridian, said parcel of land is described as fol-
lows:
Beginning ata point whence the witness corner to the South Quarter corner of
said Section 35 bears S 00°40'00"W 1221.00 feat and S 30°43'45" E 1539.49
feet; thence from said beginning point West 866.52 feat; thence North 2182.67
feet to a point on a line (whence the Northwest fence corner of a parcel of land
described as Document No. 263292 In Book 460 at Page 160 ae flied In the Clerk
and Recorder's Office of Garfield County, Colorado, bears S 89°23'39" W
1767.14 feet); thence N 89°23'39" E 692.72 feet; thence 9 00°40'00" W 2112,84
feet to a rebar and cap In place near an existing fence corner; thence 9
84°49'00" E 200 feet; thence 9 00°40'00" W 59.23 feet to the POINT OF
BEGINNING.
PARCEL B:
A parcel of land situated In Lot 3, Section 36, Township 7 South, Range 88 West
of the Sixth Principal Meridien, said parcel of land is described as follows;
Beginning at the corner common to Sections 26, 27, 34 and 35 in said Township
and Range whence an iron pipe with a brass cap properly marked for the witness
corner of said Sections bears: North 66.00 feet; thence From the comer common
to said Sections 9 89°35h14° E 999.48 feet along the Section line between said
Sections 26 and 35 to the true POINT OF BEGINNING; thence S 89°35'14" E
692.73 feet along said Section line; thence 8 00°40'00" W 2,76 feet; thence S
89°23'39" W 692.73 feet; thence North 15.07 feet to the true POINT OF
BEGINNING.
and together with a non-exclusive easement for roadway access and utilities over
and across the westerly 30 feet of Lot 9 and Lot 11, Section 35, Township 7
South, Range 88 West of the 6th P.M., extending in a northerly direction from
County Road 100 to the easternmost point an the boundary line of the above de-
scribed Parcel A for which the call Is S. 84°49'00" E. 200.00 feet.
Garfield County, Colorado.
A-1
GARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield-county.com
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Gale Carmoney/Glen Hartmann
PROJECT: Iron Rose Ranch
PARCEL(s): 2393-352-00-003 & 2393-352-01-009 ZONING: Rural
COMPREHENSIVE PLAN: Sections 8 & 9
OWNER(s): Bailey Family Investment Company
REPRESENTATIVE(s): Paul Currier, WATER RESOURCE CONSULTANTS, LLC
PRACTICAL LOCATION: 3/4 of mile north of CR 100 on Blue Heron Rd. and west of Carbondale
TYPE OF APPLICATION: Stream bank stabilization on lateral channel of Roaring Fork River
Pre -App DATE: 2/23/12
GENERAL PROJECT DESCRIPTION — On February 23, 2012 staff met on site with Paul
Currier of Water Resource Consultants to discuss the floodplain project, and county permitting and
review process. Information provided by Mr. Currier indicated the owner desires to construct stream
stabilization structures both above and below grade on the subject properties, due to significant
stream channel movement and erosion in recent years. While the Bailey family owns multiple
parcels in this vicinity, the subject parcels border a floodplain and have approximately 1,000 ft. of
frontage on the Roaring Fork River.
Review of the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM) Community Panel 080205-1857, designate portions of parcels within FIood Zones B (areas
between 100 and 500 year flood events), and Zone C (minimal flooding). Other portions adjacent to
the stream bank are in a Flood Zone AE4 (areas of 100 year flood events with base flood elevations
and hazards known).
Mr. Currier described the stabilization structure as a permutation of subsurface trench 6 to 8 ft deep
containing 2 to 4 ft diameter boulders and above grade armoring with rocks 2 to 3 ft in diameter
where possible. A below grade structure may not be appropriate in some areas due to limited space
between the stream bank and existing improvements. It is assumed that these alterations to the site
will not affect the Base Flood Elevation or any other assumptions made on the current FIRM. The
intent of the project is to protect existing improvements by preventing further meandering of the
streambed and erosion of the bank. No fill or improvements are proposed in the Floodway or
wetlands; therefore a Nationwide permit forrn USACE is not anticipated.
The applicant is to provide one original set (wet stamped, signed, and dated) by a Colorado state
registered engineer and two copies of those plans addressing floodplain regulations in the Unified
Land Use Regulations 2008 as amended. Once the submittal is determined to be complete, additional
copies of the application will be requested. Below is an outline of the sections of the Unified Land
Use Regulations 2008, that need to be addressed and the review and approval process for this
application. While not all items in the sections outlined may be applicable to this particular project,
please respond as needed.
I. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS:
• Garfield County Comprehensive Plan of 2030: Goals and Policies of Sections 8 and 9
• Garfield County Unified Land Use Resolution 2008
o Article LII, Zoning - Section 3-401 (A -B)
o Article IV, Application Submittal Requirements - Section 4-501(A), 4-502(A),
4-503 (A -F)
o Article, VII, Standards - Sections 7-203; 7-204; 7-205; 7-207; 7-212 (B) and 7-
701
IL PROCESS a-1[1
In summary, the proc will be the following Section 4-101, General Review Process and more
specifically Section 44 1, Review Process for Development in Floodplain.
1. Pre -application Meeting (held February 23, 2012)
2. Submittal of complete Flood Plain Development Application
3. Review by staff for Technically Complete (TC) Status
4. Notice of TC to applicant with schedule and request of copies for referral agencies
5. Applicant submits copies to be sent by staff to referring agencies and departments
6. Applicant prepares public notice for mailing to all property owners within 200 feet of site
7. Staff report preparation
8. Following Director's Decision, Director will inform the applicant and Board of County
Commissioners
9. If public comment is received in opposition to the decision, the application will be
scheduled for a public hearing (Call-up) before the Board of County Commissioners for
review and decision at the earliest available scheduled public meeting.
III. APPLICATION REVIEW
a. Review by:
b. Public Hearing:
Staff for completeness recommendation and referral agencies for
additional technical review
X Planning Director
Planning Commission
Board of County Commissioners (only if called up for review)
Board of Adjustment
c. Referral Agencies:
Garfield County Road and Bridge
US Army Corp of Engineers
Garfield County Vegetation Management
IV. APPLICATION REVIEW FEES
a. Planning Review Fees: $ 400
b. Total Deposit:
Garfield County Attorney
Consultant Engineer for Garfield County
Town of Carbondale
$ (additional hours are billed at $40.50 /hour)
General Application Processing
Case Planner reviews case for completeness and sends to referral agencies for comments. Staff
contacts applicant and sets up a site visit. Staff reviews application to determine if it meets
standards of review, then makes a recommendation of approval, approval with conditions, or denial
to the appropriate hearing body.
Disclaimer
The foregoing summary is advisory in nature only and is not binding on the County. The summary
is based on current zoning, which is subject to change in the future, and upon factual representations
that may or may not be accurate. This summary does not create a legal or vested right.
Pre -application Summary Prepared by:
NAME
Attachments:
Date
A digital version of Planning Applications are available on-line at; http://www.marfield-
county.com/Index.aspx?page=1113
Please refer to the above noted sections of the Unified Land Use Resolution of 2008 located at;
http://www.garfield-county.com/Index.aspx?page=578
T:1Planning\Current Planning\Land Use Change Permits\mpact Review\Floodplain Development\Bailey Blue Heron Lanewre-app\PreApp
memo.docx
WATER RESOURCE CONSULTANTS, LLC
March 26, 2012 Hand Delivered
Mr. Gale Carmoney
Code Enforcement / CFM
Garfield County Building and Planning Dept.
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Re: Bailey Family Investments, aka "Iron Rose Ranch, LLC"
Floodplain Development Permit Application
Gale,
Per your response letter dated March 19, 2012, please find enclosed three (3) paper copies of
a revised Floodplain Development permit application. We hope you will find the enclosed
application addresses your concerns for technical sufficiency.
Several items to bring to your attention:
1) Ownership and authorization. Indeed, we had the correct owner in the initial application.
Iron Rose Ranch, LLC. The Bailey Family Investment Co. and Tom Bailey are the sole
members in Iron Rose Ranch, LLC, which makes Iron Rose Ranch the correct authorizing
party, of which Tom Bailey is the Manager. See attached documents from the Colorado
Secretary of State which detail the ownership record.
2) Mr. Tom Bailey has authorized myself (Paul Currier, P.E. of Water Resource Consultants,
LLC) to act as his authorized representative for purposes pertinent to this permit
application. See attached letter.
3) As requested, additional details have been provided on the culvert installation.
4) Revegetation is strictly the same pasture grass mix that is currently being used on the
farm. The seed mix is so noted on the Project Description sheet.
5) As for Best Management Practices, by far the best one is to get this work done prior to
runoff and the potential for the Roaring Fork River to produce overbank flooding. Because
of stream changes in 2011, the main channel's capacity has been reduced to perhaps
1,500 cfs. This means that overbank flooding and the potential for as great or greater
harm than occurred in 2011 is hinging on getting this work done. Even after the permit is
approved, the work will still take at least 30-40 days. The next significant BMP is to refrain
from having piles of topsoil exposed to moving water when the overbank area does flood.
Piles can be adequately protected by surrounding them with silt fence.
244 Hutton Ave., Rifle, CO 81650
PH / Fax (970) 625-5433 pcurrier@wrc-Ilc.com
Gale Carmoney
Floodplain Development Permit Application
Bailey Family Investment Co., aka Iron Rose Ranch, LLC
Page 2 of 2
March 26, 2012
Again, we hope this addresses your questions and concerns stated in your March 19, 2010
(2012?) response. We feel it is of the utmost importance to complete this work prior to the
2012 runoff.
Should you have any questions, please do not hesitate to contact me.
Sincerely,
WATER RESOURCE CONSULTANTS, LLC
Paul C. Currier, P.E., CFM
PCC/pcc
Enclosure: Floodplain Development Permit Application
cc:
Tom Bailey
Bob O'Brien
/ 460 - Revised permit applicaiton.doc
WATER RESOURCE CONSULTANTS, LLC
GARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield-county.com
FLOODPLAIN DEVELOPMENT APPLICATION
GENERAL INFORMATION (Please print legibly)
➢ Name of Property Owner:
➢ Mailing Address: Telephone: (
)
> City: State: Zip Code: Cell: (
)
> E-mail address: FAX: (
)
> Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc):
> Mailing Address: Telephone: (
)
➢ City: State: Zip Code: Cell: (
)
➢ E-mail address: FAX: (
)
> Description of Request:
➢ Street Address / General Location of Property:
> Legal Description:
> Assessor's Parcel Number: - - -
> Existing Use:
> Property Size (in acres) Zone District:
Last Revised 1/1/09
I. APPLICATION SUBMITTAL REQUIREMENTS
Any use to be developed in the floodplain shall be required to obtain a Development
Permit, in accordance with the applicable regulations of Section 4-104, Section 4-501 (A)
and Section 4-503 (A -F). All applications for a Floodplain Development Permit under this
Regulation shall be reviewed by the Floodplain Administrator.
As a minimum, specifically respond to all the following items below and attach any
additional information to be submitted with this application:
1. Submit 3 hard -copies and one digital copy of all the required submittal materials
to the Building and Planning Department. Staff will request additional copies once
the application has been deemed technically complete. All digital documents
shall be in .pdf form and should be separated into sections identical to the
hard -copy.
2. Pay application base fee of $400.00 to the Building & Planning Department. Also
include the signed "Agreement to Pay Form" with the copies. (Staff will request
additional copies once the Floodplain Development Permit Application has been
deemed technically complete).
3. Please submit, in narrative form, the nature and character of the proposed use in
the floodplain. Submit plans and supporting information (i.e. letters from responsible
agencies).
4. Submit a vicinity map. An 8 1/2 x 11 vicinity map locating the parcel in the County.
The vicinity map shall clearly show the boundaries of the subject property and all
property within a 3 -mile radius of the subject property. The map shall be at a
minimum scale of 1"=2000' showing the general topographic and geographic
relation of the proposed exemption to the surrounding area for which a copy of
U.S.G.S. quadrangle map may be used.
5. Submit a copy of the deed and a legal description of the subject property.
6. Submit the Pre -Application conference summary from the pre -application
conference.
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. If the
property is owned by a corporate entity (such as an LLC, LLLP, etc.) please submit
a copy of a recorded " Statement of Authority" demonstrating that the person
signing the application has the authority to act in that capacity for the entity.
II. PROCEDURAL REQUIREMENTS
The following outlines the basic administrative process for an application requesting
development within the 100 -year floodplain. (This is further detailed in Section 4-203 of
Article IV.)
1. Pre -Application Conference (Section 4-103(A))
2. Application (Section 4-601(A))
3. Determination of Completeness Section 4-103(C))
4. Evaluation by Director/Staff Review (Section 4-103 (E))
5. Director Decision
6. Written Notice of Decision
III. SUBMITTAL REQUIREMENTS
In addition to the general submittal requirements above, an application for development in
the 100 -year floodplain is required to contain the following information which is more fully
detailed in Section 4-503 of Article IV.
A. Site Plan. In addition to the site plan requirements set forth in Section 4-502(C)(3),
the site plan shall include the following elements. The Floodplain Administrator may
require, or the applicant may choose to submit, a more detailed version of all or part
of the site plan. (See Standards 7-701)
1. Base flood boundary and water surface elevations.
2. Floodway boundary.
3. Channel of the watercourse.
4. Existing and proposed topographic contours shown at vertical intervals of no
greater than 2 feet.
5. Elevation of the lowest floor, including basement and garage, of each
existing and proposed structure.
6. Proposed elevations to which structures will be flood proofed (if applicable).
7. Location, dimension and elevation of proposed landscape alterations.
8. Elevations of existing streets, water supply, and sanitation facilities.
9. Boundaries and total land area of all existing and proposed impervious
surfaces, including structures.
10. Location of existing water supply ditches, irrigation ditches and laterals.
B. Channel Cross -Section. A typical cross-section showing the following elements:
1. Channel of the watercourse.
2. Boundaries of floodplain adjoining each side of channel.
3. Area to be occupied by the proposed land use.
4. Existing and proposed base flood elevations.
C. Construction Specifications. Specifications for construction and materials of
buildings, flood proofing, filling, dredging, grading, channel improvements, storage
of materials, water supply, and sanitation facilities as applicable.
D. Alteration of Water Course. Description of the extent to which any water course will
be altered or relocated as a result of the proposed development.
E. Floodway Analysis. A floodway analysis prepared by a qualified professional
engineer shall be required for all land use proposed to be located in a Floodway,
and shall meet the following guidelines. If a detailed hydraulic floodway analysis
has not been performed, the Floodplain Administrator shall require the applicant to
provide the analysis necessary for determining the floodway boundary.
1. The Floodway Analysis shall be completed using methodology acceptable to
the Federal Emergency Management Agency (FEMA) and Colorado Water
Conservation Board:
2. The Floodplain Administrator may require a detailed hydraulic floodway
analysis based on the identical hydraulic model used to develop the current
engineering study adopted by the Board of County Commissioners, if
available.
3. The hydraulic model shall be updated to reflect existing hydraulic conditions,
to determine any increase in the 100 -year water surface elevation levels that
has occurred as a result of development since the floodplain was
established.
a) Alternate floodway configurations may then be analyzed based on
methods as outlined in the current U.S. Army Corps of Engineers
HEC -RAS Water Surface Profiles Users Manual and submitted to
the Floodplain Administrator for review and approval.
b) The analysis shall provide a determination of the cumulative effects
of the proposed development, plus the effects of development since
the original flood hazard area was established, on the base flood
elevation.
c) At the Floodplain Administrator's discretion, where a regulatory
floodway has been designated, it may not be necessary to
determine the cumulative effects of existing development.
4. Floodway boundary configurations shall be examined and approved by the
Floodplain Administrator. The following information shall be included for the
stream reach 1000 feet upstream and 1000 feet downstream from the
proposed encroachment:
a) A copy of the printout for the hydraulic computer model representing
the base flood profile run for conditions existing at the time the
currently effective floodplain was developed. The printout must
include the full input and output listing.
b) A copy of the printout from the hydraulic computer model
representing the floodway run for the proposed floodway
configuration and including developments and other hydraulic
changes within the floodplain since the currently effective floodplain
was established. The printout must include the full input and output
listing with all input changes from the original model highlighted.
c) A copy of the floodway data table representing data for the
proposed floodway configuration.
d) A copy of the currently effective official engineering study showing
the existing floodplain and the proposed floodway configuration.
e) Certification from a Colorado Registered Professional Engineer that
the proposed floodway configuration, in combination with current
floodplain hydraulic conditions, meets FEMA and CWCB
requirements when evaluated against flood elevations established
when the original floodplain study was completed.
F. Floodplain Impact Report. An engineering report addressing the standards set forth
in Article 7, Section 7-701.
I have read the statements above and have provided the required attached information
which is correct and accurate to the best of my knowledge.
( -05Q' � February 29, 2012
(Signature of Property Owner) Date
GARFIELD COUNTY
BUILDING AND PLANNING DEPARTMENT
FEE SCHEDULE
Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No.
98-09, has established a fee structure ("Base Fee") for the processing of each type of
subdivision and land use applications.
The Base Fee is an estimate of the average number of hours of staff time devoted to
an application, multiplied by an hourly rate for the personnel involved. The Board
recognized that the subdivision and land use application processing time will vary and
that an applicant should pay for the total cost of the review which may require
additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of
the respective positions combined with an hourly overhead cost for the office will be
used to establish the actual cost of County staff time devoted to the review of a
particular project.
Actual staff time spent will be charged against the Base Fee. After the Base Fee has
been expended, the applicant will be billed based on actual staff hours accrued. Any
billing shall be paid in full prior to final consideration of any land use permit, zoning
amendment or subdivision plan. If an applicant has previously failed to pay application
fees as required, no new or additional applications will be accepted for processing until
the outstanding fees are paid.
Checks, including the appropriate Base Fee set forth below, must be submitted with
each land use application, and made payable to the Garfield County Treasurer.
Applications will not be accepted without the required application fee. Base Fees are
non-refundable in full, unless a written request for withdraw from the applicant is
submitted prior the initial review of the application materials.
Applications must include a Payment Agreement Form ("Agreement") set forth below.
The Agreement establishes the applicant as being responsible for payment of all costs
associated with processing the application. The Agreement must be signed by the
party responsible for payment and submitted with the application in order for it to be
accepted.
The following Base Fees shall be received by the County at the time of submittal of
any procedural application to which such fees relate. Such Base Fees shall be in
addition to and exclusive of any cost for publication or cost of consulting service
determined necessary by the Board for the consideration of any application or
additional County staff time or expense not covered by the Base Fee, which have not
otherwise been paid by the applicant to the County prior to final action upon the
application tendered to the County.
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
BASE FEES
TYPE OF LAND USE ACTION BASE FEE
Vacating Public Roads & Rights -of -Way $400
Sketch Plan $325
$675 + application agency
review fees and outside
Preliminary Plan / Conservation Subdivision consultant review fees, as
authorized pursuant to the
Regulations, such as the
Colorado Geologic Survey
Preliminary Plan Amendment $325
Final Plat $200
Final Plat Amendment / Correction Plat $100
Combined Preliminary Plan and Final Plat $1,075
Minor Exemption / Amendment $300 / $300
Major Exemption / Amendment $400 / $300
Rural Land Development Option Exemption / Amendment $400 / $300
General Administrative Permit $250
Floodplain Development Permit $400
Pipeline Development Plan / Amendment $400 / $300
Small Temporary Employee Housing $50
Minor Temporary Employee Housing $250
Limited Impact Review / Amendment $400 / $300
Major Impact Review / Amendment $525 / $400
Rezoning: Text Amendment $300
Rezoning: Zone District Amendment $450
Planned Unit Development (PUD) / Amendment $500 / $300
Comprehensive Plan Amendment $450
Variance $250
Interpretation $250
Takings Determination NO FEE
1041: Areas & Activities of State Interest $400
Planning Staff Hourly Rate
• Planning Director $50.50
• Senior Planner $40.50
• Planning Technician $33.75
• Secretary $30.00
County Surveyor Review Fee (includes review of Amended Determined by Surveyor$
Plats, Final Plats, Exemption Plats)
Mylar Recording Fee $11 — 1St page
$10 each additional page
Page 2
The following guidelines shall be used for the administration of the fee structure set
forth above:
1. All applications shall be submitted with a signed Agreement for Payment form set
forth below.
2. County staff shall keep accurate record of actual time required for the processing
of each land use application, zoning amendment, or subdivision application. Any
additional billing will occur commensurate with the additional costs incurred by
the County as a result of having to take more time that that covered by the base
fee.
3. Any billings shall be paid prior to final consideration of any land use permit,
zoning amendment, or subdivision plan. All additional costs shall be paid to the
execution of the written resolution confirming action on the application.
4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be
recorded or issued until all fees have been paid.
5. In the event that the Board determines that special expertise is needed to assist
them in the review of a land use permit, zoning amendment, or subdivision
application, such costs will be borne by the applicant and paid prior to the final
consideration of the application. All additional costs shall be paid prior to the
execution of the written resolution confirming action on the application.
6. If an application involves multiple reviews, the Applicant shall be charged the
highest Base Fee listed above.
7. Types of "Procedures" not listed in the above chart will be charged at an hourly
rate based on the pertinent planning staff rate listed above.
8. The Planning Director shall establish appropriate guidelines for the collection of
Additional Billings as required.
Page 3
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
PAYMENT AGREEMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and
Property Owner (hereinafter OWNER) agree as follows:
1. OWNER has submitted to COUNTY an application for
(hereinafter, THE PROJECT).
2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as
amended, establishes a fee schedule for each type of subdivision or land use review
applications, and the guidelines for the administration of the fee structure.
3. OWNER and COUNTY agree that because of the size, nature or scope of the
proposed project, it is not possible at this time to ascertain the full extent of the costs
involved in processing the application. OWNER agrees to make payment of the Base Fee,
established for the PROJECT, and to thereafter permit additional costs to be billed to
OWNER. OWNER agrees to make additional payments upon notification by the COUNTY
when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or
cost of consulting service determined necessary by the Board of County Commissioners for
the consideration of an application or additional COUNTY staff time or expense not covered
by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay
additional billings to COUNTY to reimburse the COUNTY for the processing of the
PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to
the final consideration by the COUNTY of any land use permit, zoning amendment, or
subdivision plan.
PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE)
I hereby agree to pay all fees related to this application.
Print Name
Mailing Address:
E -Mail Address:
Phone Number:
vc/g-754'd
Signature Date
February 29, 2012
Page 4
STATEMENT OF AUTHORITY
Pursuant to C.R.S. §38-30-172, the undersigned executes
this Statement of Authority on behalf of Iron Rose Ranch, LLC
a (corporation, limited liability
company, general partnership, registered limited liability
partnership, registered limited liability limited partnership,
limited partnership association, government agency, trust or
other), an entity other than an individual, capable of holding
title to real property (the "Entity"), and states as follows:
The name of the Entity is Iron Rose Ranch, LLC
and is formed under the laws of Colorado
The mailing address for the Entity is 1000 Blue Herron Lane
Carbondale, CO 81623
The name and/or position of the person authorized to
execute instruments conveying, encumbering, or otherwise
affecting title to real property on behalf of the Entity is
Thomas H. Bailey
The limitations upon the authority of the person named
above or holding the position described above to bind the Entity
are as follows: None
(if no limitations, insert "None")
Other matters concerning the manner in which the Entity
deals with any interest in real property are: None
(if no other matter, leave this section blank)
EXECUTED this 28th day of February
Signature:
•
, 2012 .
Name (typed or printed: Thomas H. Bailey
Title (if any):
STATE OF (1.0 L -U PCD O
)SS.
COUNTY OF beNerIA=LO
The foregoing instrument was acknowledged before me this
, 20 \ Z by — iN zlcm
, a L
05/09
Witness my hand and official seal.
My commission expires:
LARI GOODE
NOTARY PUBLIC
STATE OF COLORADO
MY COMMISSION EXPIRSS 1/0/2015
day of
half of
(NoTary Public)
IRON ROSE
CARBONDALE
March 21, 2012
To Whom It May Concern:
I hereby authorize Paul Currier, P.E. of Water Resource Consultants,
LLC, whose
address is 244 Hutton Av, Rifle, CO 81650, to act as Owner's
Representative for
this permit.
0.H311/4-1-1
Printed Name
31k1 �-a-
Date
This is to certify that Thomas H Bailey has signed this document On
March 21, 2012 n the County of Garfield in the state of Colorado.
Lari Goode
IRON ROSE RANCH
3/i /t'2_,
LARI GOODE
NOTARY PUBLIC
STATE OF COLORADO
MY COMMISSION EXPIRES 1/6/2015
1000 BLUE HERON LANE CARBONDALE • COLORADO 81623 P. 970.963.4817 F. 970.963.9359
ARTICLES OF ORGANIZATION
OF
WAGON TRAIL HORSE FARMS, L.L.C.
The undersigned, being a natural person of eighteen years of
age or more and desiring to form a limited liability company under
the laws of the state of Colorado, does hereby sign and deliver in
duplicate to the Secretary of State of Colorado these Articles of
Organization.
ARTICLE I'
Name
961077835 C $50.00
SECRETARY OF STATE
06-10-96 14:51
The name of the limited liability company shall be "WAGON
TRAIL HORSE FARMS, L.L.C." (the "Company").
ARTICLE II
Registered Office and Agent
The address of the initial registered office of the Company is
100 Fillmore Street, Suite 300, Denver, CO 80206. The name of the
Company's registered agent at such address is Thomas H. Bailey.
Either the registered office or the registered agent may be changed
in the manner provided by law.
ARTICLE III
Initial Members
The names and addresses of the persons who are the initial
members of the Company are as follows:
Thomas Bailey
Bailey Family
Investment Companyv
CoC1v!_;
r,
100 Fillmore Street
Suite 300
Denver, CO 80206
100 Fillmore Street
Suite 300
Denver, CO 80206
ARTICLE IV
Organizer
The name and address of the organizer is Michelle M. St.
Pierre, 303 E. 17th Avenue, Suite 1100, Denver, CO 80203.
IN WITNESS WHEREOF, the above named
f J neni er has signed these
Articles of Organization this !Q day
c
Michelle M. St. Pierr
4:109900100070\bailey.art
Ws,
Wv�
AMENDMENT TO ARTICLES OF ORGANIZATION
Form 405 Revised July 1, 2002
Filing fee: $25.00
Deliver to: Colorado Secretary of State
Business Division
1560 Broadway, Suite 200
Denver, CO 80202-5169
This document must be typed or machine printed
Copies of filed documents may be obtained at www sos.state co ffs
DOi 'TiA DAVID ON
COLO:ZArj SiCaL TAltY OF S Eere
ABOVE SPACE FOR OFFICE USE ONLY
Pursuant to § 7-80-209, Colorado Revised Statutes (C.R.S.), the individual named below causes
this Amendment to the Articles of Organization to be delivered to the Colorado Secretary of
State for filing, and states as follows:
The name of the limited liability company is -Wagon Trail Horse Farms, L.L.C.
The Articles of Organization shall be amended as set forth herein (mark all that apply):
El There is a change in the name of the limited liability company to -
Cold Iron Cutting Horses LLC
The entity name of a limited liability company must contain the term "limited liability company", "ltd. liability
company", "limited liability co." or "ltd. liability co." or the abbreviation "LLC" or "L.L.C."§7-90-601(3)(c), C.R.S.
❑ There is a false or erroneous statement in the articles of organization -
The (a) name or names, and (b) mailing address or addresses, of any one or more of the
individuals who cause this document to be delivered for filing, and to whom the Secretary of
State may deliver notice if filing of this document is refused, are:
Thomas H. Bailey, 218 E. Valley Road, Ste 104, Carbondale, CO 81623
OPTIONAL. The electronic mail and/or Internet address for this entity is/are:
e-mail Web site
The Colorado Secretary of State may contact the following authorized person regarding this
document: name address
voice fax e-mail
COMPUTER UPDATE COMPLETE
VF
Diwlaimcr. This tbnn, and any related instructions, are not intended to provide legal, business or tux advice, and are offered as a public service without roprescntation or warranty. While this form is believed to satay minimum legal
rcyuiremcnto ar ant revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form. Qustions should be addressed to the users attorney.
AMENDMENT TO ARTICLES OF ORGANIZATION
Form 405 Revised July 1, 2002
Filing fee: $25.00
Deliver to: Colorado Secretary of State
Business Division
1560 Broadway, Suite 200
Denver, CO 80202-5169
This document must be typed or machine printed
Copies of filed documents may be obtained at www sos.state .co ns
20n3211073 73 C
75.00
%ECi:ET;-r:'S OF sMTE
n9 -7A -2C117:: lilt 1:!)co
ABOVE SPACE FOR OFFICE USE ONLY
Pursuant to § 7-80-209, Colorado Revised Statutes (C.R.S.), the individual named below causes
this Amendment to the Articles of Organization to be delivered to the Colorado Secretary of
State for filing, and states as follows:
The name of the limited liability company is: Cold Iron Cutting Horses LLC
The Articles of Organization shall be amended as set forth herein (mark all that apply):
El There is a change in the name of the limited liability company to.
Iron Rose Ranch LLC
The entity name of a limited liability company must contain the term "limited liability company", "ltd. liability
company", "limited liability co.", or "ltd. liability co." or the abbreviation "LLC" or "L.L.C. " §7-90-601(3)(c), C.R.S.
CI There is a false or erroneous statement in the articles of organization.
The (a) name or names, and (b) mailing address or addresses, of any one or more of the
individuals who cause this document to be delivered for filing, and to whom the Secretary of
State may deliver notice if filing of this document is refused, are'
Thomas H. Bailey, 218 E. Valley Road, Ste. 104, Carbondale, CO 81623
OPTIONAL. The electronic mail and/or Internet address for this entity is/are:
e-mail Web site
The Colorado Secretary of State may contact the following authorized person regarding this
document: name address
voice fax e-mail
C07 .,-, 177' l l
Ui,daimcr Ihis farm, and any related instructions, are not intended to provide legal, busincs or rax advice, and are offered as a public service without representation or warranty. While this fi rer is believed to satisfy min legal
requirements as of its revision date,compliance with applicable law, as the same may be amended from time to time, remains therosponsibilily of the user of this form. Quctions should be addressed to the vers attorney.
Document must be filed electronically.
Paper documents will not be accepted.
Document processing fee
Late fee if entity is in noncompliant status
Fees & forms/cover sheets
are subject to change.
To access other information or print
copies of filed documents,
visit www.sos.state.co.us and
select Business.
and select Business Center.
Colorado Secretary of State
Date and Time: 06/24/2011 10:57 AM
ID Number: 19961077835
$10.00 Document number: 20111360713
$40.00 Amount Paid: $10.00
ABOVE SPACE FOR OFFICE USE ONLY
Periodic Report
filed pursuant to §7-90-301, et seq. and §7-90-501 of the Colorado Revised Statutes (C.R.S)
ID number:
Entity name:
19961077835
IRON ROSE RANCH LLC
Jurisdiction under the law of which the
entity was formed or registered: Colorado
1. Principal office street address: 1000 Blue Heron Lane
2. Principal office mailing address:
(if different from above)
(Street name and number)
CARBONDALE
(City)
CO 81623
UState) (Postal/Zip Code)
nited States
(Province — if applicable) (Country — if not US)
1000 Blue Heron Lane
(Street name and number or Post Office Box information)
Carbondale
CO 81623
(City) (State) (Postal/Zip Code)
United States
(Province — if applicable) (Country — if not US)
3. Registered agent name: (if an individual) BAILEY
OR (if a business organization)
(Last)
THOMAS
(First)
H.
(Middle) (Suffix)
4. The person identified above as registered agent has consented to being so appointed.
5. Registered agent street address:
REPORT
1000 Blue Heron Lane
(Street name and number)
CARBONDALE
(City)
Page 1 of 2
CO
(State)
81623
(Postal/Zip Code)
Rev. 8/11/2010
6. Registered agent mailing address:
(if different from above) (Street name and number or Post Office Box information)
Notice:
(City)
(State) (Postal/Zip Code)
(Province — if applicable) (Country — if not US)
Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the
individual's act and deed, or that the individual in good faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity
with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic
statutes, and that the individual in good faith believes the facts stated in the document are true and the
document complies with the requirements of that Part, the constituent documents, and the organic statutes.
This perjury notice applies to each individual who causes this document to be delivered to the secretary of
state, whether or not such individual is named in the document as one who has caused it to be delivered.
7. Name(s) and address(es) of the
individual(s) causing the document
to be delivered for filing: Bailey Tom
(Last)
1000 Bue Heron Lane
(First)
(Middle) (Suffix)
(Street name and number or Post Office Box information)
Carbondale CO 81623
(City)
(Province — if applicable)
State)
Uni ed States
(Country —if not US)
(Postal/Zip Code)
(The document need not state the true name and address of more than one individual. However, if you wish to state the name and address
of any additional individuals causing the document to be delivered for filing, mark this box ❑ and include an attachment stating the
name and address of such individuals.)
Disclaimer:
This form, and any related instructions, are not intended to provide legal, business or tax advice, and are
offered as a public service without representation or warranty. While this form is believed to satisfy minimum
legal requirements as of its revision date, compliance with applicable law, as the same may be amended from
time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's
attorney.
REPORT Page 2 of 2 Rev. 8/11/2010
■III hti1.QK741AMPNAWKIIKVIAliiii 1111
Reception#: 733284
09/17/2007 03 32:30 PM Jean Alberico
1 of 3 Rec Fee:$16 00 Doc Fee 0 00 GARFIELD COUNTY CO
SPECIAL WARRANTY DEED
For Ten Dollars and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Bailey Exchange II, LLC, a Colorado
limited liability company, whose address is P.O. Box 4806, Dillon, CO 80435
("Grantor"), hereby sells and conveys to The Bailey Family Investment Company, a
Colorado limited liability limited partnership, whose address is 1000 Blue Heron Lane,
Carbondale, CO 81623 ("Grantee"), the following real property located in the County of
Garfield, State of Colorado:
See attached Exhibits A-1 and A-2
To have and to hold the same unto Grantee, its successors and assigns, together
with all appurtenances thereto, and warrants title to same against all persons claiming
under Grantor.
CORRECTION DEED: THIS DEED IS RE -EXECUTED AND RE-RECORDED TO
CORRECT A TYPOGRAPHICAL ERROR IN THE NAME OF THE GRANTEE IN
THE INSTRUMENT RECORDED ON APRIL 30, 2007, AT RECEPTION NO. 722207.
Dated this t3 day of June, 2007.
STATE OF COLORADO
ss.
COUNTY OF SUMMIT
BAILEY EXCHANGE II, LLC, a Colorado
limited liability company
By:
i
Jacques Voorhees, Manager
The foregoing instrument was acknowledged before me this (3 day of June,
2007 by Jacques Voorhees as manager of Bailey Exchange II, LLC, a Colorado limited
liability company.
'4:! • G RiP,•
OTA/ ' It`••
14,
OFcc:.,
My commission oit fres:
Juno 30, 2007
Witness my hand and official seal.
My commission expires: o iia/G 7
1111431MiligillriliNAIWIEN116111111111111
Receptlon#: 733284
09117/2007 03:32:30 PM Jean Alberico
2 of 3 Rec Fee $16.00 Ooc Fee 0.00 GARFIELD COUNTY CO
EXHIBIT A-1
(Eubanks Property)
PARCEL A:
A parcel of land situated in Lots 3 and 4 Section 35, Township 7 South, Range
88 West of the Sixth Principal Meridian, said parcel of land is described as
follows:
Beginning at a point whence the witness corner to the South Quarter corner of
said Section 35 bears S 00°40'00" W 1221.00 feet and S 30°43'45" E 1539.49
feet; thence from said beginning point West 866.52 feet; thence North 2182.67
feet to a point on a line (whence the Northwest fence corner of a parcel of land
described as Document No. 263292 in Book 460 at Page 150 as filed in the Clerk
and Recorder's Office of Garfield County, Colorado, bears S 89°23'39" W
1767.14 feet); thence N 89°23'39" E 692.72 feet; thence S 00°40'00" W 2112,84
feet to a rebar and cap in place near an existing fence corner; thence S
84°49'00" E 200 feet; thence S 00°40'00" W 59.23 feet to the POINT OF
BEGINNING.
PARCEL B:
A parcel of land situated in Lot 3, Section 35, Township 7 South, Range 88 West
of the Sixth Principal Meridian, said parcel of land is described as follows:
Beginning at the corner common to Sections 26, 27, 34 and 35 in said Township
and Range whence an iron pipe with a brass cap properly marked for the witness
corner of said Sections bears: North 66.00 feet; thence from the corner common
to said Sections S 89°35'14" E 999.48 feet along the Section line between said
Sections 26 and 35 to the true POINT OF BEGINNING; thence S 89°35'14" E
692.73 feet along said Section line; thence S 00°40'00" W 2.76 feet; thence S
89°23'39" W 692.73 feet; thence North 15.07 feet to the true POINT OF
BEGINNING.
and together with a non-exclusive easement for roadway access and utilities over
and across the westerly 30 feet of Lot 9 and Lot 11, Section 35, Township 7
South, Range 88 West of the 6th P.M., extending in a northerly direction from
County Road 100 to the easternmost point on the boundary line of the above
described Parcel A for which the call is S. 84°49'00" E. 200.00 feet.
Garfield County, Colorado.
A-1
1111 KGUMNIMW,LV,IND I#,1 r4�� NIBS 1I IIl
Reception#: 733284
09/1712007 03.32:30 PM Jean Alberico
3 of 3 Rec Fee $16 00 Doc Fee.0.00 GARFIELD COUNTY CO
EXHIBIT A-2
(Fasching Property)
PARCEL A
A TRACT OF LAND LOCATED IN LOT 2 OF SECTION 10, TOWNSHIP 8 SOUTH, RANGE 88
WEST
OF THE 6TH P.M., DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT FROM WHICH THE NORTH QUARTER CORNER OF SECTION 10,
TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6TH P.M., BEARS N. 49 DEGREES 05' W.
599.7 FEET; THENCE S. 78 DEGREES 13' E. 736 FEET, MORE OR LESS TO THE CENTER OF
THE CRYSTAL RIVER; THENCE SOUTHERLY ALONG CENTER OF CRYSTAL RIVER 772 FEET
MORE OR LESS, TO A POINT; THENCE S. 80 DEGREES 49' W. 697 FEET, MORE OR LESS;
THENCE N. 4 DEGREES 17' E. 1024.22 FEET, TO THE PLACE OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
TOGETHER WITH A PARCEL OF LAND DESCRIBED IN DEED RECORDED SEPTEMBER 20,
2004 IN BOOK 1623 AT PAGE 989.
TRACT B
A NON-EXCLUSIVE EASEMENT OVER AND UPON A 30.00 FOOT WIDE STRIP OF LAND
SITUATED IN LOT 2, SECTION 10, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO: SAID PARCEL LYING
15.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE.
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THAT PARCEL OF LAND DESCRIBED
IN
RECEPTION NO. 393063 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE,
WHENCE THE SOUTHWEST CORNER OF SAID PARCEL BEARS S. 80 DEGREES 54' 27" W.
436.08; THENCE 82.20 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS
OF 125.00 FEET, A CENTRAL ANGLE OF 37 DEGREES 40' 40" (CHORD BEARS S. 12
DEGREES 50' 20" W. 80.73 FEET); THENCE S. 06 DEGREES 00' 00" E. 23.64 FEET;
THENCE 67.88 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
60.00 FEET, A CENTRAL ANGLE OF 64 DEGREES 49' 06" (CHORD BEARS S. 38 DEGREES
24' 33" E. 64.32 FEET) TO A POINT ON THE CENTERLINE OF COUNTY ROAD NO, 118 AS
CURRENTLY CONSTRUCTED AND IN PLACE, THE TERMINUS.
COUNTY OF GARFIELD
STATE OF COLORADO
A-2
111111111111111111111111111111111111111111111111
IIIII11111IIIIIIIINI1111111111111111III111111111II11
836022 09f /08/2003
R9101.00 D32 0.00PGARFIELDI96 M COUNTY`COORF
1 WARRANTY DEED
THIS DEED, made July 31, 2003,
Between HIGH COUNTRY STARSHIP LIMITED A COLORADO LIMITED PARTNERSHIP
of the County of PITKIN, State of CO, GRANTOR,
AND THE BAILEY FAMILY INVESTMENT COMPANY, a Colorado limited liability limited
partnership, GRANTEE
whose legal address is : P. O. BOX 11234, ASPEN, CO, 81612
of the County of PITKIN, State of CO
WITNESSETH, That for and in consideration of the sum of ten dollars and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the grantor has granted, bargained,
sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, his
heirs and assigns forever, all the real property together with improvements, if any, situate and lying and being in
the County of GARFIELD, State of COLORADO, described as follows:
SEE EXHIBIT A ATTACHED HERETO
rn
r
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise
appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate,
0 right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to the above
(1.
bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises
above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the
Grantor, for himself, his heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, his
heirs and assigns, that at the time of the ensealing and delivery of the presents, he is well seized of the premises
above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple,
and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and
form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens,
taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except those matters as
set forth on Exhibit "B" attached hereto and incorporated herein by reference. The grantor shall and will
WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of
the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any
part thereof. The singular number shall include the plural, the plural the singular, and the use of gender shall be
applicable to all genders.
IN WITNESS WHEREOF the grantor has executed this deed.
CC
o
g E5 fil
z A- HIGH COUNTRY STARSHIP LIMITED,/
a Color ao limited /(-'
J HENRIiE, GENERAL PARTNER
STATE OF COLORADO
ss
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this 31ST day of JULY, 2003,
by HENRY H. HITE, GENERAL PARTNER OF HIGH COUNTRY STARSHIP LIMITED A COLORADO LIMITED
PARTNERSHIP.
WITNESS my hand and official seal
my commission expires:
Joy S. HigenyNotary Public
My Commission expires 4/22106
State of Colorado
RRIurn lo.
JOHN B WOOD
HOL ME ROBFRTS 7 OWEN
1401 PEARL ST SUITE 400
BOULDER CO 80:102
tary Public
1111111 II11111111111111 1111 111111111111111 I111I 11111111
536022 09/08/2003 02:13P 51516 P197 M ALSDORF
2 of 2 R 11.00 D 200.00 GARFIELD COUNTY CO
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 5,
GOOSE CREEK SUBDIVISION, according to the Amended Final Plat of Goose Creek Subdivision, recorded September
2003 as Reception No.
IRON ROSE RANCH
Garfield County
Floodplain Development Permit Application
Feb. 27, 2012 / Revised Mar. 23, 2012
GENERAL LOCATON MAP
Carbondale, Colorado
82
V 18
n a�
s
'yry a
N
n
108 2 133
r
z
< Merrill
N 7? 7
F, czo D
108 Carbondale
Main
O Barber Dt Euclid Awe;ra
F .S. Sopns Ave? y
V
n
15.• 4 cso VI n A
E
0
N 8ridpec 5{'� `�o•
N orlh ro
Face Park
PROJECT
LOCATION
100
81e Naeon
v
a
River
Valley Ranch
Rose Le
� J
x �
40
C
0
Blue Rd
surrey sf
ccrrnty 'etl100
'ogee
eh 4,4
�g0es�r'�i
100
WATER RESOURCE CONSULTANTS, LLC
Project need:
IRON ROSE RANCH
Garfield County
Floodplain Development Permit Application
Feb. 27, 2012 / Revised Mar. 23, 2012
PROJECT NARRATIVE
In 2011 the Roaring Fork River cut a new main channel through the left descending bank of the river. This was temporarily
repaired on land adjacent to and east of the Applicant, with the adjacent land owner's authorization. However, the adjacent
land owner is not currently willing to allow further stream stabilization work to be conducted on their property.
Without stabilizing the left bank of the river, the river has continued to migrate westward. A review of aerial photographs
shows as much as 200 feet of lateral movement between 1983 and 2011. Between 2007 and 2011 there was approximately
150 feet of lateral movement, towards the west, encroaching on the Applicant's property.
Project purpose: To provide a line of defense against river migration, and to minimize sheet flow through and around existing structures.
Pre -Application: An on-site pre -application meeting was held Feb. 23, 2012 (Glenn Hartmann, Gale Carmoney, Paul Currier).
Project description: Along the east property line excavate a trench up to 6'-8' deep and place 2'-4' boulders in the trench. In the flood fringe,
extend the boulders 3'-4' above grade. Cover with gravel and topsoil and revegetate. In the floodway, do not extend the
boulders above grade. Adjacent to buildings and structures, places a small berm above grade in the floodfringe. The purpose
is to minimize shallow sheet flow from running through and around structures. No irrigation ditches will be impacted. All
irrigation on the affected properties is via sprinkler irrigation.
BMPs:
Revegetation mix will be a standard pasture grass seed mix already in use by Iron Rose Ranch:
SPECIES
VARIETY
PLS
LBS/ACRE
Timothy
Climax
1.5
Mountain
brome
Garnet
5.0
Meadow
brome
MacBeth
6.0
Oats cover
crop
Ajay/Monida
15.0
TOTAL
27.5
Minimize erosion potential by completing work prior to high water in the Roaring Fork River. If overbank flooding becomes
inevitable, either temporarily remove topsoil stockpiles (if any) from flood fringe area, or surround stockpiles with sediment
control fence or better. Due to existing pasture grasses in all work areas, sedimentation potential is very limited unless
flooded.
WATER RESOURCE CONSULTANTS, LLC
IRON ROSE RANCH
Garfield County
Floodplain Development Permit Application
Feb. 27, 2012 / Revised Mar. 23, 2012
Effective FIS Floodway, Jan. 3, 1986 overlain on Aug. 22, 2011 High Resolution Aerial
Note: No irrigation ditches will be impacted — irrigation is via sprinkler
EROSION PROTECTION
In Flood Fringe — below
and above grade
EROSION PROTECTION
In Floodway— below grade
REGULATORY
FLOODWAY
FLOOD PROTECTION
Berm to minimize sheet
flow around structures
011 250 f1 500 ft 750 ft. 1000 11
Culve
Lvest • k & Farm
Access Crossing 2
See Detail
WATER RESOURCE CONSULTANTS, LLC
IRON ROSE RANCH
Garfield County
Floodplain Development Permit Application
Feb. 27, 2012 / Revised Mar. 23, 2012
Typical Erosion Protection Along East Property Line
3'-4' Above Grade
2'-4' Boulders,
covered with cobble
from on-site; topsoil
and revegetate
4'-6' Typ.
K >I
1 Typ. or flatter
=� i.
NOTE:
Do not berm above grade in the
Floodway. Berm above grade only
in the Floodfringe.
Extend 6'-8' Below
Grade
Existing Grade
WATER RESOURCE CONSULTANTS, LLC
IRON ROSE RANCH
Garfield County
Floodplain Development Permit Application
Feb. 27, 2012 / Revised Mar. 23, 2012
Typical Flood Mitigation Berm Around Structures
Place only in Flood Fringe
2'-3' Above Grade
2'-3' Typ.
>I
Berm to be placed in
floodfringe only in upland
area. Use on-site cobble and
gravel; topsoil and revegetate
to blend into grades
1 Typ. or flatter
Existing Grade
WATER RESOURCE CONSULTANTS, LLC
IRON ROSE RANCH
Garfield County
Floodplain Development Permit Application
Feb. 27, 2012 / Revised Mar. 23, 2012
PROPERTY LINE
EXISTING B❑UNDARY
FENCE
STICK AND FARM CULVERT CRC]SSING
1. PLACE UPSTREAM END OF CUL VERT N 30 TO 40 FEET DOWNSTREAM
OF PROPERTY LINE,
2. PLACE TWIN 42 IN, x 40 FT. ABS CULVERTS ON GRADE OF STREAM,
3. PLACE CULVERTS NINA e4 IN. APART TO FACILITATE BACKFILLING
4. BACKFILL WITH NATIVE MATERIAL, MOSTLY SANDY ORAYAiik < 6 IN. DIAN.
9. PLACE 15 IN. - 24 IN. RIPRAP AT L541V SLOPES QR FLATTER,
TIE INTI] EXISTING GRADES, •
S. RIPPAP MIN. 20 FT. UPSTREAM AND w 20 FT. DQWNSTREAN DF CULVERTS.
7. RIPRAP FLOUR OF APPROACH AND DISCHARGE WITH 28°-24" RIPR AP.
8. CONTINUE FLOOD MITIGATION BERN ACROSS TOP OF CULVERTS, TIE BERM INTO
EXISTING GRADE ON SOUTH SIDE OF CULVE?TS.
9. PLACE MIN, DF 3 FT. OF FILL OVER CULVERTS,
10, RE -ALIGN STOCK FENCES AS NEEDED,
WATER RESOURCE CONSULTANTS, LLC
IRON ROSE RANCH
Garfield County
Floodplain Development Permit Application
Feb. 27, 2012 / Revised Mar. 23, 2012
CULVERT — CROSS SECTION SKETCH
N.T.S.
TWIN 4211 ADS CULVERTS,
BACKFILL WITH NATIVE
MATERIALS < 6 IN, DIAN
1
1,5
WATER RESOURCE CONSULTANTS, LLC
RIPRAP FLOOR AND SIDES OF CHANNEL,
SEE PLAN VIEW FOR EXTENTS.
IRON ROSE RANCH
Garfield County
Floodplain Development Permit Application
Feb. 27, 2012 / Revised Mar. 23, 2012
CULVERT — LONGITUDINAL SECTION
MIN, 3' OF FILL OVER PIPE,
1,5H
RIPRAP TO
TOP OF BANK.
TIE INT❑ EXISTING
GRADES,
10V TYP�
r
20 FT, ±
3 FT MIN
TWIN 42 IN, DIAN, ADS CULVERTS; BAND
TOGETHER PER MANUFACTURERS SPECS
RIPRAP ON SIDE SLOPES NOT SHOWN.
7-10 F T,-17
FLOW
WATER RESOURCE CONSULTANTS, LLC
numilliiiht,MW kV,4flICniT1011.I 1 11111
Recept ionic : 817057
04/09/2012 11:11:54 AM Jean Alberico
1 of 1 Rec Fee:$11.00 Doc Fee:0.00 GARFIELD COUNTY CO
STATEMENT OF AUTHORITY
CONFORMED
COPY
i'l:Yu.t. ant} to `', It.S. §38-30-172, undersigned executes
this Statement of Authority on behalf of [.ron. Rase Ranch, LLC
a (corporation, limited _iabi.ot:if`
company, general partnership, p, registered. limited. liability
partnership, registered limited liability- limited partnership,
limited partnership association, government agency, trust or
other) , an entity other_ than an individual, capable of holding
title to real property he -Entity"), and states as follows:
The came of the Entity is Iron Rose lunch, LW
and. is formed. under the laws of worado
The mailing address for the Entity is i[ 00 Blue HerrOXI Lane
Carbondale, CO 816623
T h ' name and/or positiC% of 4 _ e person r t .- ithJr1zed. to
^X, 1 i? instruments cenvey; is, encumbering, or otherwise
affecting title to re:al property on. behalf of the Entity ty i.s
-Phomas H. Bailey
The 1._ 1ita.;irons upon the authority of the person named
above or holding the ;position described above to bind the Entity
are follows: None
Cther- matters concerning ,.!1e manner in which the Entity
T e ! s
with any interest in real property are: None
matter, .leave'. this :;.a:';.;.:.'e 13... ^.:.
FxEcy7F.D.r?.., 28th day of February
STATE
Si.gna e:
2012.
.,... • ;ed.: Thomas H
.LUzti-s OF
) SS
?.r:e farE::y:.3.;i y jn-runent was ac ed before me this
s LL' e g , 2 0 t om. by
ram a3 Cz i..:A).)Ck
05/09
, a
Witness my hand and .ff.......a=.
M ccm_:issi: n e:xp.Les:
LARI GOODE
(NOTARY PPloFQ0�i(
Y
c
1
FLOODPLAIN DEVELOPMENT PERMIT APPLICATION:
PROPERTIES WITHIN A 200 FT. RADIUS OF TAX PARCEL NOS.:
Parcel #1:
Parcel #2:
Owner:
PARCELNB
239335200003
239335201009
Bailey Family Investment Co. LLP
Attn: Iron Rose Ranch
1000 Blue Heron Lane, Carbondale, CO 81623
Note: Address records taken from Garfield County, Colorado Assessors records on April 9, 2012
239335100002
239335201004
239335201008
239335300041
239335200012
239336100005
239335200011
NAME
DEANE, DOANE H
HIGH COUNTRY STARSHIP LIMITED
HIGH COUNTRY STARSHIP LIMITED
NILSEN, MARIAN
OROSZ, MYRNA M FAMILY TRUST
RANCH AT ROARING FORK HOMEOWNERS ASSOCIATION INC
SCHAUSTER, JAMES H & ERMA J
ADDRESS2
0477 ROSE LANE
PO BOX 155
PO BOX 155
108 E MICHIGAN AVE NO K -012A
0384 ROSE LANE
14913 HWY 82, CARBONDALE
422 ROSE LANE
CITY
CARBONDALE
WOODY CREEK
WOODY CREEK
KALAMAZOO
CARBONDALE
CARBONDALE
CARBONDALE
STATE ZIPCODE
CO 81623
CO 81656-0155
CO 81656-0155
MI 49007-3966
CO 81623
CO 81623
CO 81623
1
•
•
Filed for record the day of ,A.D. , at
'Reception No.
THIS DEED, Made on this day of
between STEPHANIE A. SAKSON
of the
THOMAS H. BAILEY
o'c1ock_M.
By
County of GARFIELD
NA A. Wee Ye
• RECORDER.]
DEPUTY.
and State of Colorado , of the Grantor(s), and
whose legal address is.: 620 EAST COOPER, ASPEN, CO81611
of the County of PITKIN and State of Colorado
of the Grantee(s):
• WITNESS, That the Grantor(s), fo•
r and in consideration of the sum of
*** Seven Hundred Ninety Nine Thousand and 00/100 *** $799,000,00 )
DOLLARS
the receipt and sufficiency of which Is hereby acknowledged, has granted, bargained, sold and conveyed, and by these
presents does grant, bargain, sell, convey and confirm unto the Grantee(s), his heirs and assigns forever, all the
real property, together with improvements, if any, situate, lying and being, in the
GARFIELD and State of Colorado, described as follows: County of
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
•
also known as street number 0189 100 ROAD, CARBONDALE, CO 81623
TOGETHER with all and singular end hereditaments and appurtenances thereto belonging, or in anywise appertaining
and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and alt the estate, right
title interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained
premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s),
his heirs and assigns forever. The Grantor(s), for himself, his heirsand personal representatives, does covenant, grant,
bargain, and agree to and with the Grentee(s), his heirs and assigns, that at the time of the ensealing and delivery
of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible
estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to:grant, bargain,
sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other
grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever,
EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 2001 AND SUBSEQUENT YEARS, AND SUBJECT TO EXCEPTIONS
ATTACHED HERETO AND INCORPORATED HEREIN.
The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable
possession of the Grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole
or any part thereof. The singular number shall includethe plural, and the plural the singular, and the use of any gender
shall be applicable to all genders.
IN WITNESS WHEREOF the.Grantor(s) has executed this deed on the date set forth above.
STATE OF Colorado )
County of GARFIELD )as.
STEPHANIE A.AKSON
•
The foregoing instrument was acknowledged before me on this day of December -03,2001 /0/z-5/0
by STEPHANIE A. SAKSON
My commissi
Witness my
GARET R.
STATE OF Fs_ ec.
Dec. 23, 2004
'Px4ira
01'88Qng Newly Created Legal Description ( 38-35-106.5, C.R.S.)
Notary Publi
Escrow# GW237040
Title# GW237040
When Recorded Return to: PRUDENTIAL TOWN & COUNTRY REALTY, INC.
Form No. 932 Rev 4-94. WARRANTY DEED (Photographic Record WD.OPEN)0326 HIGHWAY
CARBONDALE, CO381623
EXHIBIT A
A PARCEL OF LAND SITUATED IN LOT 3 OF SECTION 35, TOWNSHIP 7 SOUTH, RANGE 88
WEST OF THE 6TH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE THE WITNESS CORNER OF THE SOUTH QUARTER CORNER OF
SAID SECTION 35 BEARS:
S. 27 DEGREES 03'18".E. 4592.67 FEET;
THENCE N. 71 DEGREES 35'03" W. 219.18 FEET;
THENCE N. 64 DEGREES 11'34" W. 295.33 FEET;
THENCE N. 11 DEGREES 46'18" W. 159.19 FEET;
THENCE N. 45 DEGREES 30'05" E. 199.72 FEET;
THENCE N. 72 DEGREES 10'00" E. 200.50 FEET;
THENCE S. 87 DEGREES 54'00" E. 173.10 FEET;
THENCE SOUTH 548.60 FEET TO THE POINT OF BEGINNING.
ALSO KNOWN ' AS
PARCEL C
FOURTH AMENDED ROBBINS SUBDIVISION EXEMPTION
COUNTY OF GARFIELD
STATE OF COLORADO
GW237040
EXHIBIT Our Order No. GW23.7040-3
THE EFFECT OP INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY,
FIRE PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN
ANY WATER SERVICE OR STREET IMPROVEMENT AREA.
WATER RIGHTS OR CLAIMS TO WATER RIGHTS.
RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED April 17,
1892, IN BOOK 12 AT PAGE 480.
RIGHT OF WAY FOR THE UNINTERRUPTED FLOW OF THE ROARING FORK RIVER.
RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER
CLAUSE, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE,
COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN
UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (a) IS EXEMPT UNDER
CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (b) RELATES TO
HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS, AS
CONTAINED IN INSTRUMENT RECORDED Match 04, 1986, IN BOOK 684 AT PAGE
610.
RIGHT OF WAY FOR PLYNN DITCH, AS DISCLOSED BY MAP AND STATEMENT FILED
FEBRUARY 1, 1898 AS DOCUMENT NO. 20685.
RIGHT OF WAY OF THE ROCKY MOUNTAIN GAS COMPANY, INC., 50 FEET IN WIDTH
FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF ITS GAS PIPELINE
AND DISTRIBUTION FACILITIES AND APPURTENANCES THERETO, AS GRANTED BY
INSTRUMENT RECORDED OCTOBER 19, 1961 IN BOOK 337 AT PAGE 233.
'TERMS AND CONDITIONS OF THE SUBDIVISION EXEMPTION RESOLUTION NO.
78-111 OF GARFIELD COUNTY RECORDED DECEMBER 13, 1978 IN BOOK 520 AT
PAGE 203 AS RECEPTION NO. 290724.
EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SHOWN ON THE PLATS OF
THE SUBJECT PROPERTY RECORDED FEBRUARY 25, 1986 AS RECEPTION NO.
369049, RECORDED MAY 23, 1988 AS RECEPTION NO. 392257, RECORDED JUNE
13, 1989 AS RECEPTION NO. 402281 AND RECORDED APRIL 15, 1993 AS
RECEPTION NO. 446386.
EASEMENTS AND RIGHTS OF WAY AS RESERVED IN INSTRUMENT RECORDED MARCH
21, 1986 IN BOOK 685 AT PAGE 368.
ABOVE EXCEPTION WILL BE DELETED FROM OWNER'S POLICY.
EASEMENTS AND RIGHTS OF WAY AS GRANTED TO HOLY CROSS ELECTRIC
ASSOCIATION, INC. IN INSTRUMENT RECORDED APRIL 5, 1979 IN BOOK 525 AT
PAGE 608.
ANY BOUNDARY DISCREPANCY DUE TO THE LOCATION OF FENCE LINES AND THE
jjII III 11111 IIII I"I
lili11111111111 11111 IIII 111111111111
632979 07/30/2003 04:02P 81499 P762 M ALSDORF
1 of 3 R 16.00 D 0.00 GARFIELD COUNTY CO
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1
BARGAIN AND SALE DEED
Grantor, THOMAS H. BAILEY whose address is P.O. BOX
11234, ASPEN, CO 81612, County of PITKIN and State of
COLORADO , for the consideration of One Dollar and other good
and valuable consideration in hand paid, hereby sells and conveys to THE BAILEY FAMILY
INVESTMENT COMPANY, a Colorado limited liability limited partnership whose address is P.O.
BOX 11234, ASPEN CO 81612, County of PITKIN and State of COLORADO, the following four
real properties in the County of Garfield and State of Colorado, with all of their appurtenances:
SEE EXHIBIT A ATTACHED HERETO
Signed this IBJ day of December, 2002.
By:
STATE OF COLORADO )
) ss.
County of R ie.4
/of "A/4
Thomas H. Bailey/
The foregoing oin instrument was acknowledged before me this 1S dayof December, 2002, b ) liomu `.... :'
g g g � Y
H. Bailey. ,. �,r`;i
�+ --,z re •c
Witness my hand and official seal. - `'` ' •,,.,= c;
My commission expires: moi- • 3 • D •. , 4; '• < ,
•h,
Notary Public
#64756 v2
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532979 07/30/2003 04:02P B1499 P763 M ALSDORF
Illiof 3 R 16.00 D 0.00 GARFIELD COUNTY CO
EXHIBIT A TO BARGAIN AND SALE DEED
Parcel #1
A parcel of land situated in Lot 8 of Section 34 and in Lot 4 of Section 35, all in Township 7 South, Range 88 West of the
6th P.M., Garfield County, Colorado, and being more particularly described as follows:
Beginning at a point on the westerly boundary line of said Lot 8 whence the witness corner to the S 1/4 comer of said
Section 35 bears South 44° 35'51" East a distance of 4880.36 feet;
thence North 00° 49'00" East a distance of 275.11 feet along said westerly boundary line;
thence East a distance of 791.68 feet;
thence South 00° 49'00" West a distance of 275.11 feet;
thence West a distance of 791.68 feet to the point of beginning.
Also known as
Parcel A,
FOURTH AMENDED ROBBINS SUBDIVISION EXEMPTION
Also known as street number 0187 County Road 100, Carbondale, CO 81 623
Parcel #2
A parcel of land situated in Lots 13 and 14 of Section 27 and in Lots 1 and 2 of Section 34, all in Township 7 South,
Range 88 West of the 6th P.M., being more particularly described as follows:
Beginning at a point on the Westerly boundary line of said Lot 1 whence the witness corner to the S 1/4 corner of Section
35, Township 7 South, Range 88 West of the 6th P.M. bears South 38° 29' 27" East a distance of 5486.73 feet;
thence North 00° 49' 00" East a distance of 419.33 feet along the Westerly boundary line of said Lot 1;
thence North 85° 36' 00" West a distance of 5.08 feet;
thence North 02° 21' 00" East a distance of 289.00 feet;
thence South 50° 31' 00" East a distance of 280.06 feet;
thence South 71° 16' 00" East a distance of 81.01 feet;
thence South a distance of 523.26 feet;
thence South 81° 59' 22" West a distance of 109.22 feet;
thence North 73° 59' 52" West a distance of 123.81 feet;
thence North 89° 59' 41" West a distance of 78.40 feet to the point of beginning.
Together with:
A tract of land situated in Lot 14 of Section 27 and in Lot 1 of Section 34, all in Township 7 South, Range 88 West of the
6th P.M., Garfield County, Colorado, and being more particularly described as follows:
Beginning at a point whence the witness corner to the S 1/4 comer of Section 35, Township 7 South, Range 88 West of
the 6th P.M. bears South 32° 56'23" East a distance of 5718.07 feet;
thence South 71° 16'00" East a distance of 105.59 feet;
thence South a distance of 758.74 feet;
thence West a distance of 100.00 feet;
thence North a distance of 292.65 feet to the point of beginning.
Also known as
Parcel B,
FOURTH AMENDED ROBBINS SUBDIVISION EXEMPTION.
Also known as street number 0191 County Road 100, Carbondale, CO 81623
#64756 v2
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Parcel #3
A parcel of land situated in Lot 3 of Section 35, Township 7 South, Range 88 West of the 6th P.M., Garfield County,
Colorado, being more particularly described as follows:
Beginning at a point whence the witness comer of the S 1/4 comer of said Section 35 bears South 27° 03' 18" East a
distance of 4592.67 feet;
thence North 71° 35' 03" West a distance of 219.18 feet;
thence North 64° 11' 34" West a distance of 295.33 feet;
thence North 11° 46' 18" West a distance of 159.19 feet;
thence North 45° 30' 05" East a distance of 199.72 feet;
thence North 72° 10' 00" East a distance of 200.50 feet;
thence South 87° 54' 00" East a distance of 173.10 feet;
thence South a distance of 548.60 feet to the point of beginning.
Also known as
Parcel C,
FOURTH AMENDED ROBBINS SUBDIVISION EXEMPTION
Also known as street number 0189 County Road 100, Carbondale, CO 81623
Parcel #4
A parcel of land situated in Lot 14 of Section 27, in Lots 1 and 8 of Section 34, and in Lots 3 and 4 of Section 35, all in
Township 7 South, Range 88 West of the 6th P.M., Garfield County, Colorado, being more particularly described as
follows:
Beginning at a point whence the witness comer to the S 1/4 corner of said Section 35 bears South 27° 03' 18" East a
distance of 4592.67 feet;
thence South a distance of 615.01 feet;
thence West a distance of 545.99 feet;
thence North 00° 49' 00" East a distance of 275.11 feet;
thence West a distance of 791.68 feet to a point on the Westerly boundary line of said Lot 8;
thence North 00° 49' 00" East a distance of 544.38 feet along the Westerly boundary line of said Lots 8 and 1;
thence South 89° 59' 41" East a distance of 78.40 feet;
thence South 73° 59' 52" East a distance of 123.81 feet;
thence North 81° 59' 22" East a distance of 109.22 feet;
thence North a distance of 230.61 feet;
thence East a distance of 100.00 feet;
thence North a distance of 258.74 feet;
thence South 71° 16' 00" East a distance of 329.76 feet;
thence South 72 ° 52' 00" East a distance of 255.56 feet;
thence South 45° 30' 05" West a distance of 199.72 feet;
thence South 11° 46' 18" East a distance of 159.19 feet;
thence South 64° 11' 34" East a distance of 295.33 feet;
thence South 71° 35' 03" East a distance of 219.18 feet to the point of beginning.
Also known as
Parcel D,
FOURTH AMENDED ROBBINS SUBDIVISION EXEMPTION
Also known as street number 0188 County Road 100, Carbondale, CO 81623
#64756 v2
1111111111111111111111111111111111111111111111111111111
710151 11/01/2006 11:37A B1858 P850 M ALSDORF
1 of 3 R 16.00 D 370.00 GARFIELD COUNTY CO
WARRANTY DEED
THIS DEED, made October 31, 2006,
Between DALE EUBANK
of the County of Pitkin, State of CO, Grantor,
AND BAILEY EXCHANGE II, LLC a Colorado Limited Liability Company, Grantee
whose legal address is : Po Box 4806, Dillon, CO 80435
of the County of Summit, State of CO
WITNESSETH, That for and in consideration of the sum of ten dollars and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the Grantor has granted, bargained, sold and
conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the Grantee, his heirs and
assigns forever, all the real property together with improvements, if any, situate and lying and being in the County
of Garfield, State of COLORADO, described as follows:
See Attached Exhibit "A"
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise
appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate,
right, title, interest, claim and demand whatsoever of the Grantor either in law or equity, of, in and to the above
bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises
above bargained and described, with the appurtenances, unto the Grantee, his heirs and assigns forever. And the
Grantor, for himself, his heirs and assigns, does c,ovenant, grant, bargain, and agree to and with the Grantee, his
heirs and assigns, that at the time of the ensealing and delivery of the presents, it is well seized of the premises
above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple,
and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form
as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes,
assessments, encumbrances and restrictions of whatever kind or nature soever, except those matters as set forth
on Exhibit "B" attached hereto and incorporated herein by reference. The Grantor shall and will WARRANT AND
FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee, his
heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The
singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all
ers.
IN W)'TNES;WHERE the Grantor as executed this deed.
DALE EUBANK
STATE OFo
V1 2LtU
SS
COUNTY OF ECA3
A-- /
The foregoing instrument was acknowledged before me thisO\ day of 4 )C. z ) `,L: , 2006,
by DALE EUBANK
WITNESS my hand and official seal
my commission expires: 1019 (coo -i
B4825L2
•
cn pUBtso
MY COMMISSION
EXPIRES:
OCTOBER 9, 007
1111111 1111111111111 1111111111 11111 1111 1111
710151 11/01/2006 11:37A B1858 P851 M ALSDORF
2 of 3 R 16.00 D 370.00 GARFIELD COUNTY CO
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL A:
A parcel of land situated in Lots 3 and 4 Section 35, Township 7 South, Range 88 West of the Sixth Principal
Meridian, said parcel of land is described as follows:
Beginning at a point whence the witness corner to the South Quarter corner of said Section 35 bears S 00°40'00"
W 1221.00 feet and S 30°43'45" E 1539.49 feet; thence from said beginning point West 866.52 feet; thence North
2182.67 feet to a point on a line (whence the Northwest fence corner of a parcel of land described as Document
No. 263292 in Book 460 at Page 150 as filed in the Clerk and Recorders's Office of Garfield County, Colorado,
bears S 89°23'39" W 1767.14 feet); thence N 89°23'39" E 692.72 feet; thence S 00°40'00" W 2112,84 feet to a
rebar and cap in place near an existing fence corner; thence S 84°49'00" E 200 feet; thence S 00°40'00" W 59.23
feet to the POINT OF BEGINNING.
PARCEL B:
A parcel of land situated in Lot 3, Section 35, Township 7 South, Range 88 West of the Sixth Principal Meridian,
said parcel of land is described as follows:
Beginning at the corner common to Sections 26, 27, 34 and 35 in said Township and Range whence an iron pipe
with a brass cap properly marked for the witness corner of said Sections bears: North 66.00 feet; thence from the
corner common to said Sections S 89°35'14" E 999.48 feet along the Section line between said Sections 26 and
35 to the true POINT OF BEGINNING; thence S 89°35'14" E 692.73 feet along said Section line; thence S
00°40'00" W 2.76 feet; thence S 89°23'39" W 692.73 feet; thence North 15.07 feet to the true POINT OF
BEGINNING.
and together with a non-exclusive easement for roadway access and utilities over and across the westerly 30 feet
of Lot 9 and Lot 11, Section 35, Township 7 South, Range 88 West of the 6th P.M., extending in a northerly
direction from County Road 100 to the easternmost point on the boundary line of the above described Parcel A for
which the call is S. 84°49'00" E. 200.00 feet.
and together with a non-exclusive right to use as a means of ingress and egress for access the following
right-of-way easement described as follows:
A parcel of land situated in Lot 4 of Section 35, Township 7 South, Range 88 West of the Sixth Principal Meridian,
said parcel is described as follows:
Beginning at a point whence the witness corner to the South Quarter corner of Section 35 bears S. 00°40'00" W.
1,221.00 feet and S. 30°43'45" E. 1,539.49 feet; thence from said beginning point West 866.52 feet; thence South
30 feet; thence East 866.52 feet; thence North 30 feet to the point of beginning.
111111111111111111111111111111111111111 1111111111111111
710151 11/01/2006 11:37A B1858 P852 M ALSDORF
3 of 3 R 16.00 D 370.00 GARFIELD COUNTY CO
EXHIBIT "B"
1. Taxes for the year 2006 not yet due or payable.
2. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the
same be found to penetrate or intersect the premises hereby granted and right of way for
ditches or canals constructed by the authority of the United States as reserved in United
States Patent recorded January 19, 1895 in Book 12 at Page 353.
3. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the
same be found to penetrate or intersect the premises hereby granted and right of way for
ditches or canals constructed by the authority of the United States as reserved in United
States Patent recorded May 28, 1898 in Book 12 at Page 480.
4. Easement and right of way for an electric transmission or distribution line or system, as
granted to Holy Cross Electric Association, Inc., in instrument recorded in Book 559 at Page
996.
5. Terms, conditions, provisions and obligations as set forth in Easement recorded in Book 560
at Page 236.
6. Terms, conditions, provisions and obligations as set forth in Trench, Conduit and Vault
Agreement with Holy Cross Electric Association, Inc., recorded November 23, 1992 in Book
847 at Page 807.
7. Easement and right of way for an electric transmission or distribution line or system, as
granted to Holy Cross Electric Association, Inc., in instrument recorded January 11, 1993 in
Book 852 at Page 027.
8. Any question, dispute or adverse claim as to any loss or gain of land as a result of any change
in the river bed location by other than natural causes, or alteration through accretion, reliction,
erosion or avulsion of the center thread, bank, channel or flow of waters in the Roaring Fork
River River lying within subject land; and any question as to the location of such center thread,
bed, bank, bed or channel as a legal description monument or marker for the purposes of
describing or locating subject lands.
NOTE: There are no documents in the land records of the Office of the Clerk and Recorder of
Garfield County, Colorado accurately locating past or present location(s) of the center thread,
bank, bed, or channel of the above River or indicating any alterations of the same as from time
to time may have occured.
AND
Any rights, interest or easements in favor of the riparian owners, the State of Colorado, The
United States of America, or the general public, which exist, have existed, or are claimed to
exist in and over the waters and present and past bed and banks of the Roaring Fork River
River.
VIII II�'� PL�r1I r1ILWiRWI� lf1'f fi iri is .M4 IUII
R\oeptiona: 722207
0413012007 12:36:24 PM 9:1920 P:0132 Jean Rlbarlco
t of 3 Rao Fee:316.00 Doo Fe.,0.00 GARFIELD COUNTY CO
SPECIAL WARRANTY DEEP
For Ten Dollars and other good and valuable consideration, the receipt and suffi-
ciency of which are hereby acknowledged, Bailey Exchange II, LLC, a Colorado lim-
ited liability company, whose address is P.O. Box 4806, Dillon, CO 80435 ("Grantor"),
hereby sells and conveys to The Bailey Family Investment Company, a Colorado lim-
ited liability partnership, whose address is 1000 Blue Heron Lane, Carbondale, CO 81623
("Grantee"), the following real property located in the County of Garfield, State of Colo-
rado:
See attached Exhibits A-1 and A-2
To have and to hold the same unto Grantee, its successors and assigns, together
with all appurtenances thereto, and warrants title to same against all persons claiming un-
der Grantor.
frtk
Dated this 40 day of April, 2007.
STATE OF COLORADO
COUNTY OF SUMMIT
)
) ss.
BAILEY EXCHANGE II, LLC, a Colorado
limited liability company
Jacques Voorhees, Manager
The foregoing instrument was acknowledged before me this (7 day of April,
2007 by Jacques Voorhees as manager of Bailey Exchange II, LLC, a Colorado limited
liability company.
Witness my hand and official seal.
My commission expires: 4/30/a
Notary Pu�lic�
15—&6.-oO3ac2
MycJun o30,200ssion 7hon
3
VIII Il ii 110,1KWUM Ili& WV9AMIN 1111
Rscapt tome: 722207
04/30/2007 12:36:24 PM 3:1920 P:0133 J440 Rlberloo
2 of 3 Rea Fes:$16.00 Poo Fee:0.00 GRRFIELO COUNTY CO
EXHIBIT A-1
(Eubanks Property)
PARCEL A;
A parcel of land situated In Lots 3 and 4 Section 35, Township 7 South, Range
88 West of the Sixth Principal Meridian, said parcel of land is described as fol-
lows:
Beginning at a point whence the witness corner to the South Quarter corner of
said Section 35 bears S 00°40'00" W 1221.00 feet and S 30°43'45" E 1539.49
feet; thence from said beginning point West 866.52 feet; thence North 2182.67
feet to a point on a Zine (whence the Northwest fence corner of a parcel of land
described as Document No. 263292 in Book 480 at Page 150 as flied in the Clerk
and Recorder's Office of Garfield County, Colorado, bears S 89°23'39" W
1767.14 feet); thence N 89°23'39" E 692.72 feet; thence S 00°40'00" W 2112,84
feet to a rebar and cap in place near an existing fence corner; thence S
84°49'00" E 200 feet; thence S 00°40'00" W 59.23 feet to the POINT OF
BEGINNING.
PARCEL B:
A parcel of land situated in Lot 3, Section 35, Township 7 South, Range 88 West
of the Sixth Principal Meridian, said parcel of land Is described as follows:
Beginning at the corner common to Sections 26, 27, 34 and 35 In said Township
and Range whence an iron pipe with a brass cap properly marked for the witness
corner of said Sections bears: North 66.00 feet; thence from the corner common
to said Sections S 89°35'14" E 999.48 feet along the Section line between said
Sections 26 and 35 to the true POINT OF BEGINNING; thence S 89°35'14" E
692.73 feet along said Section line; thence 8 00°40'00" W 2.76 feet; thence S
89°23'39" W 692.73 feet; thence North 15.07 feet to the true POINT OF
BEGINNING.
and together with a non-exclusive easement for roadway access and utilities over
and across the westerly 30 feet of Lot 9 and Lot 11, Section 35, Township 7
South, Range 88 West of the 6th P.M., extending In a northerly direction from
County Road 100 to the easternmost point on the boundary line of the above de-
scribed Parcel A for which the call is S. 84°49'00" E. 200.00 feet.
Garfield County, Colorado.
A-1