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HomeMy WebLinkAbout1.0 ApplicationAPPLICATION SI'l;CIAL/CONi)I'i'IONAL USE PERMIT tante: August 1, 1996 • Applicant: Wayne Rudd Aciclress of Applicnni: 0132 Park Avenue Basalt, CO 81621 Special/arch tional Use: Floodplain Development Permit { Legnl Ueso:ription: See Attached Title Commitment Practical Description (location with respect lo highways, county roads, and residences): _ Adjacent to .Jif.l.e lO. Best Stop .iSe_e_Attachcd Mail Requirements: �r ! . flans and specifications for proposed use (hours of operation, number of vehicles/day, locution and size of structures, etc.). 2. Existing or proposed method ofsewage, source of disposal and water. Road nccess and other inforrnation deemed necessary to explain proposed Ilse. 3. A vicinity map drawn to scale depicting the subject properly, location, and use of building and strrtcitnrs on adjacent lots. 4. An impact statement on the proposed use where required by Sections 5.03-5.03.12 of L.oning Rcgnlnt ions. 5. A copy of Assessor's map sltowine properly; and a listing of all adjoining property . . ialut 1177 -leg «rt Y M..r Let .6�ot�.e 7 t i 16— t N r TR 4 0 HIGH COUNTRY ENGINEERING, INC. 923 COOPER AVENUE GLENWOOD SPRINGS, CO 81601 (970) 945-8876 • Fax (970) 945-2555 z117 -11,? -1-o0-0-11 Z. Ill -11A-11-obi -00'1 FoR-rfavk oV 1\ssesso-R.`S Ma? Z117 --I6.3 s IRUa1CM oPe ty NCf• 1 ledfri.or 0", ��� 2.00 GRAPHIC SCALE 0 S II r r ( Pi1 PUT ) I g 1 e I Ise a 1 PROJECT NO 111103101 INCET 1 Or 1 • • Adjacent PrQ�erty Owners to the Proposed Rudd Property (Asselsors Number 2177-163-00-002) Jackson, J.H. Land Co. Attn: heryl J. Tonso 354 The Eagle Pass Durango, CO 81301 (2177-163-00-003) (2177+163-00-029) Ambrpse, Phillip Willaim & Michaeleen Ann 12095 - 320 Rd. Rifle, {Colorado, 81650 (2177-163-00-001) Gross, Edwin & Adeline M. 23049 Farmington Rd. Farmington, MI 48336-3920 (2177-164-00-041) (2177-163-00-029) (2177-164-13-004) Rudd Limited Liability Co. 52 Flying Fish Rd. Carbondale, CO 81623 (2177-164-13-001) McQuinn, Matthew L. & Laurie W. 12134 - 320 Rd. Rifle, CO 81650 (2177-164-13-002) Deming, Richard G. & Fedora, Mary C. 12102 County Rd. 320 Rifle, CO 81650 (2177-163-00-017) (2177-163-00-018) (2177-163-00-028) Lawson, David W. & Shirly B. 12091 - 320 Rd. Rifle, CO 81650 8-01-1996 11:09AM FROM iii0 CONST. INC. 970 927 4027 1 YOUR LAND TITLE GUARANTEE COMPANY CONTACTS May 15, 1996 Buyer/Borrower: Seiler/owner: Prdperty Address: { Our Order No.: GW220850 WAYNR RUDD J.H. JACKSON LAND COMPANY, A LIMITED PARTNERSHIP VACANT LAND If you have any inquiries or require further assistance, please contact one of the numbers listed below: For Closing Assistance: MARGARET JOY 817 COLORADO AVE. GLENWOOD SPRINGS CO 81601 Phone: 970 945-2610 Fax: 970 945-4784 P. 2 For Title Assistance: CINDY COCHRAN 817 COLORADO AVE #IO2 GLENWOOD SPRINGS, CO 81601 Phone: 970 945-2610 Fax: 970 945-4784 Note: Once an original commitment has been issued, any subsequent changes will be emphasized by underlining. THANK YOU FOR YOUR ORDER! 6,-01--1996 11109AM FROM %I CONST. INC. 970 927 d027 • i OLID REPUBLIC NATIONAL TITLE INSURANCE COMPANY ALTA COMMITMENT SCHEDULE A Our Order # GW220850 - Charges - ALTA Owner Policy Tax Certificate - - TOTAL - For Information Only VACANT LAND $527.00 $10.o0 $537.00 *** THhS IS NOT AN INVOICE, BUT AN ESTIMATE OF FEES. WHEN REFERRING TO1THIS ORDER, PLEASE REFERENCE OUR ORDER NO. GW220850 *** 1. Effective Date: April 25, 1996 at 5:00 P.M. 2. Policy to be issued, and proposed Insured: "ALTA" Owner's Policy 10-17-92 $100,000.00 Proposed Insured: WAYNE RUDD 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: J.H. JACKSON LAND COMPANY, A LIMITED PARTNERSHIP S. The land referred to in this Commitment is described es follows: PARCEL A: A TRACT OF LAND IN THE NE1/4SW1/4 OF SECTION 16, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT CORNER NO. 1, WHICH IS THE SAME AS THE SOUTHWEST CORNER OP THE HOBART NEAL PROPERTY AND ALSO A CORNER OF THE ALICE KRUSE PROPERTY, WHENCE THE SOUTH QUARTER CORNER OF SAID SECTION 16 BEARS SOUTH 17 DEGREES 05' EAST, A DISTANCE OF 1922.7 FEET; PAGE 1. P. 3 8-04--1gg6 11:09AM FROM ir CONST. INC. 970 927 d027 • P. d OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY ALTA COMMITMENT SCHEDULE A Our Order # GW220850 THENCE NORTH 02 DEGREES 07' BAST, ALONG THE LINE BETWEEN THE NEAL AND KRUSE PROPERTIES, A DISTANCE OF 265.0 FEET TO CORNER N0.2; THENCE WEST 240.0 FEET TO CORNER NO. 3; THENCE NORTH 60.0 FEET TO CORNER NO. 4; THENCE WEST 451.8 FEET, MORE OR LESS, TO CORNER NO. 5, A POINT ON T RI WEST LINE OF SAID KRUSE PROPERTY; TEENCE'SOUTH 1 DEGREES 11' WEST 328.3 PEET, MORE OR LESS, TO CORNER NO. 6, WPTCH IS THE SOUTHWEST CORNER OF SAID KRUSE PROPERTY; THENCRIALONG THS SOUTH LINE OF SAID KRUSE PROPERTY NORTH 88 DEGREES 11' EAST, 81.3 FEET TO CORNER NO. 7; THENCE:NORTH 89 DEGREES 28' EAST 285.4 PEET TO CORNER NO. 8; THENCE SOUTH 89 DEGREES 40' EAST 322.1 FEET TO CORNER NO. ,i, THE PLACE 07' BEGINNING. PARCEL B: A TRACT OP LAND IN THE NE1/4SW1/4 AND THE SE1/4NW1/4 OF SECTION 16, T. 6 S., R 93 WEST OF THE 6TH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT CORNER NO. 1 WHICH /S THE SAME POINT AS, CORNER NO. 4 OP THE TRACT DESCRIBED IN DOCUMENT NO. 197345 IN THE RECORDS OF GARP/BLD COUNTY, COLORADO, IN BOOK NO. 298 AT PAGE NO. 571, FROM WHICH CORNER THE SOUTH QUARTER CORNER OF SAID SECTION 16 BEARS S. 20 DEGREES 11' E. A DISTANCE OF 2304.2 FEET; THENCE WEST 451.8 FEET TO CORNER N0. 2, THENCE N 1 DEGREES 11' 8. 188.65 FEET TO CORNER NO. 3, THENCE N. 41 DEGREES 48" E. 177.88 PEST TO CORNER NO. 4, THENCE N. 55 DEGREES 49' E. 294.95 PEET TO CORNER N0. 5, THENCE S. 8 DEGREES 10' E. 217.38 FEET TO CORNER NO. 6, THENCE S. 85 DEGREES 48' E. 54.5 FEST TO CORNER NO. 7, THENCE SOUTH 267.7 FRET, MORE OR LESS, TO THE PLACE OF BEGINNING. PARCEL C: A TRACT OF LAND IN THE NE1/4SW1/4 OF SECTION 16, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE 6TH PRINCIPAL MERIDIAN DESCRIBED AS BEGINNING AT THE SOUTHEAST CORNER #1, WHENCE THE QUARTER CORNER ON THE SOUTH LINE OP THE ABOVE SECTION, BEARS SOUTH 9 DEGREES 16' EAST 2245 FEET, MORE OR LESS, THENCE WEST 460 FEET FOR CORNER #2; THENCE SOUTH 380 PEET FOR CORNER #3; THENCE WEST 484 FEET, TO OLD BANK OF COLORADO RIVER FOR CORNER PAGE 2 8-01.199G 1 1 : 10AM FROM iiiO CONST. INC. 970 927 402740 P. S OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY ALTA COMMITMENT SCHEDULE A Our Order # GW220850 #4; THENCE NORTH 26 DEGREES 2' EAST 156 FEET, FOR CORNER #5; THENCE NORTH 36 DEGREES 4' 8. 302 FEET, FOR CORNER #6; THENCE NORTH 51 DEGREES 32' EAST 190 FEET, MORE OR LESS FOR CORNER #7; THENCE EAST S00 FEET FOR CORNER #8, WHICH CORNER IS THS NORTHEAST CORNER OF THIS TRACT, THENCE;SOUTHERLY TO CORNER #1 OR THE PLACE OF BEGINNING. A TRACT OF LAND SITUATED IN THE 81/2S1/2, SECTION 16, T. 6 S., R. 93 WEST OF THE 6TH PRINCIPAL MERIDIAN, AND MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE SOUTH QUARTER CORNER OF SAID SECTION 16 BEARS S. 2 DEGREES 55' E. 2210.47 FEET; THENCE N. 84 DEGREES 56' W. 438.87 FEET; THENCE S. 2 DEGREES 7' W. 408.58 FEET; THENCE N. 89 DEGREES 40' W. 322.1 FEET; THENCE S. 89 DEGREES 28' W. 285.44 FEET; THENCE S. 88 DEGREES 11' W. 81.3 FEET; THENCE N. 1 DEGREES 11' E. 516.95 FEET; TRRNC8 N. 41 DEGREES 48' E. 177.88 PEET; THENCE N. 52 DEGREES 49' E. 294.95 FEET; THENCE S. 8 DEGREES 10' B. 217.38 FEET; THENCE S. 85 DEGREES 48' 8. 214.5 PEET; THENCE S. 84 DEGREES 23' B. 304.82 PERT; THENCE S. 85 DEGREES 48' E. 205.7 FEET; THENCE S. 8 DEGREES 10' 8. 174.5 PEET TO THE POINT OF BEGINNING COUNTY OF GARFIELD STATE OF COLORADO PAGE 3 8--01-1996 11: 10AM FROM RUDD CONST. INC. 970 927 d027 P. 6 • 1 ALTA COMM I T M E N T SCHEDULE H-1 (Requirementw) Our Order # GW220850 The following are the requirements to be complied with: 1. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: 3. WARRANTY DEED FROM J.N. JACKSON LAND COMPANY, A LIMITED PARTNERSHIP TO WAYNE RUJDD CONVEYING SUBJECT PROPERTY. Okla THU COUNTY CLERK AND RECORDERS OFFICE REQUIRES RETURN ADDRESSES ON DOCUMENTS SENT FOR RECORDING!! ***********************+r* NOTE *.*****************+►**,+**** RECORDING FEES HAVE INCREASED AS OP JULY 1, 1995 TO $6.00 FOR THE FIRST PAGE AND $5.00 FOR EACH ADDITIONAL PAGE. RELEASES HAVE INCREASED 1O $14.00 FOR THE FIRST PAGE AND $5.00 FOR EACH ADDITIONAL PAGE. • . B-01;1996 1 1 : 1 1 AM FROM CONST. INC. 970 927 4027 • • • LAND T I TLE GUARANTEE COMPANY DISCLOSURE STATEMENT Required by Senate Bill 91-14 P. 8 A) The subject real property may be located in a special taxing district. { B)i A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer or the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. • Required by Senate Pill 92•-143 A) A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. s ►*O.ECT M4 REPLY TO ATTENTION OF i • DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS 1326 J STREET SACRAMENTO. CALIFORNIA 95814.2922 August 30, 1996 Regulatory Branch (199675296) Ms. Elisabeth A. Benjamin Wright Water Engineers 2490 West 26th Avenue, Suite 100A Denver, Colorado 80211 Dear Ms. Benjamin: .._. _ilk SEP 0 3:149' CiAAf*r7.)COUNTY We are responding to your requests, on behalf of Roland Parker, for verification of a jurisdictional wetland delineation and a Department of the Army permit on the Rudd Property in Rifle. The subject property is located northwest of the I-70 interchange near the rest area south of the Colorado River within the W 1/2 of Section 16, Township 6 South, Range 93 West, Garfield County, Colorado. Based on a site inspection by Susan Nall of this office on June 27, 1996, we determined that your wetland boundary delineation is accurate with inclusion of a small ponded area on the east end. This area was included in the wetland mapping. The plan referenced below is an accurate depiction of the limits of Federal jurisdiction under Section 404 of the Clean Water Act. The plan is labeled: Figure 2 Rudd Rifle Property Revised Date August 4, 1996 This verification is valid for a period of five years from the date of this letter and is based on information supplied by you. If that information proves to be false or incorrect, we will adjust our determination accordingly. Two access crossings are proposed on the property that will impact wetlands. The Chief of Engineers has issued nationwide general permit number 14 which authorizes the discharge of dredged or fill material in waters of the United States for minor road crossings. Based on our review, the crossings can be constructed under this authority provided the work meets the conditions listed on the enclosed information sheets. P.O. Box 1908 • • CITY OF RIFLE 625-2121 Rifle, CO 81650 ******************************** October 3, 1994 Mr. Wayne Rudd Rudd Construction, Inc. 0132 Park Avenue Basalt, CO 81621 Dear Mr. Rudd: Enclosed please find an executed copy of the Flood Plain Development Permit for your parcel adjacent to the I-70 Interchange and Highway 13. Our regulations require that I field verify compaction of the fill material as it is being placed. Please advise me when you plan to commence the filling process. Additionally, I will need a set of plans marked "As -built" for our file once the filling is complete. Sincerely, Tim Moore City Engineer TM:emb encl. FLA PLAIN DEVELOPMENT PEA- APPLICATION EAAPPLICATION INFORMATION - P740.2. o, d j ti Lot 4 Caldwell Subdivision paTE- §./2 PARCEL NUMBER and Rifle Rest Area PERMIT NUMBER OWNER Rayne Rudd TELEPHONE 927-9119 ADDRESS 013. Park Avenue , Basalt ,- CO 81621 CONTRACTOR Rudd Construction, Inc. TELEPHONE 927_9119 ADDRESS 0132 Park Avenue, Ba alt CO 81621 PROJECT LOCATION/DIRECTIONSc R le interchan a with Hi hwa 13 PROJECT DESCRIPTION . - Single Family Residential New Construction Channeilzation - Multt•Famlly Residential - Substantial Improvement (>50%) ` 'i'iki0L,X Fill Manufactured (Mobile) Home improvement (03096( Bridge/Culvert _ - Non•Residenttei _ Rehabilitation Levee Other/Explanations P1.000 HAZARD DATA Watercourse Name Colorado River The project is proposed in the Floodway X foodway Fringe Bees (100 -year) flood elevation(s) at protect site 5299.5 - 5301.5 aeration required for Lowest Floor 5300.5 - 5302.5 _ . ! Floodtxoofirto Source Document,Report/Maps Floodway flood boundary and f loodway maw Garfield County CO. Panel 13'53B- • .. ill PROPOSAL Asvtaw clltcxtm ]L. alta development plans depict the ltoodway and bWU flood etevattons` 12Engineering data Is provided for map and floodway revisions. 3e` Ploodwey certification and data document no increases in flood heights. ata— Subdivision proposals minimise flood damage and protect utilities. EA t.owesi floor elevations are shove the base 1100 -year) Itood !evil. NA Manufactured 'mobile) horn** are elevated and adequately anchored NA Non-residential floodproofing designs meet NFIP water=tight standard=. ,..._ OttNr: PERMIT ACTION PERMIT APPROVED: The Information tubmlttid for the proposed prohct was reviewed and is in coni• pliancs with approved flood plain management standards (site development plana are on Me). _�.. PERMIT DeNIED: The proposed project does not meet approved flood Ricin management standards (explanation is on file} _..._ VARIANCE RANTED: A variance *u granted from the base tttxFyearl flee(s1.*ieilleGons utabttshed by FEMA consistent with variance requirements of NFIP regulations Pert $0:a (variance action documentation isonfI4 Fliedp DEVELOPMENT DOCUMENTATION MAP REVISION DATA. Certified documentation by a registered professional engineer of as -built con- ditions for flood plain alterations ware received and submitted to FEMA for a flood insurance map revision. • FILL CERTIFICATE. A community official certified the elevation, compaction. slope and slope orate*- , ' teat for an MI Oscan in the 'food plaIn consistent with NPIP rpulationa Part 1U for flood Insurance map ravfeiona. 48 ELEVATION flow fl dproofing Isys CERTIFICATE. Canpied 814:4311f AnEtowah*, Certificate Certificat ( Of the Pettit) completed by a moistened pro- fessions' engineer or land surveyor certltying this elevation 1e on tile. CERTIFICATE OF OCCUPANCY OR CC/MPUANCS 1$EUED o. 1 1 11 1 t !�#iii iIiI i 1 diff v I� 1 g 11007111. F1.00!IMAM! FLOODWAY FLOOD BOUNDARY AND FLCODWAY MAP GARFIELD COUNTY. COLORADO (UsiNcop.poRATED.A.RFAss PANEL 1354 OF 1000 Mt Mar Pr.1.4A...16.1111.A.A11,01 C0MML18111-PANEL NUMBER 080205 1354 MAP REVISED: JANUARY 3, 1886 1-4,14.4.511 Map42‘0.11.4,11 - ' AND0 \ RIO GRANOE WESTERN APPROXIMATE SCALE IN 1 CET 500 500 , 5T ,1/4„....5TREET FIMG/1 • 0 z KLY 11.11AI. 1.14.4,1.1 1 Ili " 14.... •4.4,....4• 4.1... .....--> MIMI= NOTES ff) USI( 111,, .1. 1.4.411.1.•1A.A •Aa• AA14,41.4 • •••-. 44 0.A oa. ...114 41111. 1M7 *We.. P. thiA.11,4v.o.A, dal. man 4.• 4400.1 h low nj• N• lit i ;ff. 1.4 1 i•IN.••• fir.. I flar ANA.. Am...4n ...ilk A 1.4.4nit 144 moo '1X 41' 4 4' 8:1c. ;:411 /re: CotAis37•1 (3cluNDAR) AftT t?ccco.4TE. .5ee "Y•re-S5C72.3 41RA se` Gle—drs/ • NC...VErRIVG HIGH COUNTRY ENGINEERING, INC. 923 COOPER AVENUE GLENWOOD SPRINGS, CO 81601 (970) 945-8676 • Fax (970) 945-2555 (TIN OF ig 1 co z w ??0073 CouSrktx-r.roa PRoPc arLE, ea //CE 7470 31 el- Withie 9-05-1996 11:31AM FROM RUDD CONST_ INC_ 970 927 4027 REPLY TO ATTENTION of • • DEPARTMENT QF THE ARMY U.S. ARMY ENGINEER O1STRICT, SACRAMENTO CORPS OF ENGINEERS 1325 4 STREET SACRAMENTO, CALIFORNIA 95814-2922 August 30, 1996 Regulatory Branch (199675296) Ms. Elisabeth A. Benjamin Wright Water Engineers 2490 West 26th Avenue, Suite 100A Denver, Colorado 80211 Dear Ms. Benjamin: We are responding to your requests, on behalf of Roland Parker, for verification of a jurisdictional wetland delineation and a Department of the Army permit on the Rudd Property in Rifle. The subject property is located northwest of the I-70 interchange near the rest area south of the Colorado River within the W 1/2 of Section 16, Township 6 South, Range 93 West, Garfield County, Colorado. Based on a site inspection by Susan Nall of this office on June 27, 1996, we determined that your wetland boundary delineation is accurate with inclusion of a small ponded area on the east end. This area was included in the wetland mapping. The plan referenced below is an accurate depiction of the limits of Federal jurisdiction under Section 404 of the Clean Water Act. The plan is labeled: Figure 2 Rudd Rifle Property Revised Date August 4, 1996 This verification is valid for a period of five years from the date of this letter and is based on information supplied by • you. If that information proves to be false or incorrect, we will adjust our determination accordingly. Two access crossings are proposed on the property that will impact wetlands. The Chief of Engineers has issued nationwide general permit number 14 which authorizes the discharge of dredged or fill material in waters of the United States for minor road crossings. Based on our review, the crossings can be constructed under this authority provided the work meets the conditions listed on the enclosed information sheets. P. 2 9-0S-1996 11 : 32AM FROM RUDD CONST. INC. 970 927 4027 • • This permit verification will be valid until January 21, 1997. You should contact this office if work will extend beyond this date. We have assigned number 199675296 to this determination. Please contact Ms. Nall and refer to this number if you have any questions at (970) 243-1199 or the address below. Sincerely, Grady L. McNure Chief, Northwestern Colorado Regulatory Office 402 Rood Avenue, Room 142 Grand Junction, Colorado 81501-2563 Enclosure Copies Furnished; Mr. Roland Parker, Rudd Construction Inc., 0132 Park Avenue, Basalt, Colorado 81621 ;tiy fenac Suita— Mr. Mark Bean, Garfield County, 109 8th Street, Suite 303, Glenwood Springs, Colorado 81601 P. 3 . . • • a2112A3 A ()Pox IAA c; c -L6-17 w tg M CY NO. NOMA • • WAYNE RUDD 0132 Park Ave. Basalt, CO 81621 970-927-9119 Fax 970-927-4027 August 16, 1996 Mr. Eric McCafferty GARFIELD COUNTY PLANNING DEPARTMENT 109 8th Street Glenwood Springs, CO 81601 RE: Floodplain Development Permit Application Rudd Property near Rifle Interchange Dear Eric: Pursuant to our telephone conversation of this date, I want to give you some additional information regarding the aforementioned permit application in Rifle, Colorado. Wayne Rudd currently owns a site directly across County road 320 (to the East) from the subject property, which he is in the process of filling, in order to bring the elevation out of the 100 year floodplain. I have enclosed a copy of the Flood Plain Development permit issued by the City of Rifle on October 3, 1994. Some of the excavated material from the subject site will be used to complete the filling of the property to the East of County Road 320, and some of the material will be used to fill the subject site, so that a building permit may be more easily obtained in the future. I have enclosed a clouded site plan showing the areas of the subject site which Mr. Rudd proposes to fill. Please feel free to contact me if you have any further questions regarding the enclosed information. Thank you very much for your assistance in this matter. erely, o an. Parker Property/Project Manager enclosures 9-05-1996 11:31AM FROM RUDD CONST. INC. 970 927 4027 • RUDD CONSTRUCTION, INC. 0132 Park Avenue BASALT, CO 81621 " (303).927.9119 TO Fax (303) 927.4027 FROM FAX C: Ariz (z - T It A N S M I S S I' O DATE C SUBJECT P. 1 G� ` ;:; TIME w < W 17- TIC - TIC ET 0 •a• e 0 f aw. 0 PLEASE REPLY ONO REPLY NECESSARY n�onuawslaps.++0`wr. itta*WsnagMOM HirmillO ...... SIGNED • • Revised August 12, 1996 Garfield County Planning Attn: Mr. Mark Bean 109 8th Street, 3rd Floor Glenwood Springs, Co 81601 RE: Floodplain Development Permit Application -Amendment Rudd Property near Rifle Interchange HCE Job No. 96039.01 Dear Mark: This letter constitutes a request for a Floodplain Development Permit to allow excavation of gravel and placement of fill material in an area that is within the established 100 year floodplain of the Colorado River. The entire area is within the flood fringe, no part of the property is located in the floodway. The material excavated will be for the use of the applicant and will not be sold. Some of the material excavated is planned to be used for filling on the same property. The property is located south of the Colorado River, in Section 16, Township 6 South, Range 93 West, please see the enclosed vicinity map. The property is found on the Flood Insurance Rate Map, Community -Panel Number 080205-1353B-1354, and a copy of the pertinent portion of that map is enclosed. A plan of the property is enclosed which shows the area of proposed excavation, the access road, and the wetlands boundary. The remainder of the site is proposed to have fill material placed with depths up to approximately three feet. We expect the fill placed to have an average depth of approximately two feet. In addition, we have enclosed the following supplemental information: Application Form Portion of Accessors Map # 2117-163 (8.5" x 11") Flood Insurance Rate Map and Floodway Map List of Adjacent Property Owners Site Map representing property and proposed conditions (11" x 17") Title Commitment 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945-8676 • FAX: (970) 945-2555 Garfield County Planning August 12, 1996 Page 2 The applicant has already met with a wetlands consultant and the Corps of Engineers regarding wetlands, and is essentially avoiding the wetlands mapped on the property. However, a nationwide permit will still be required for one or two crossings. The applicant is currently pursuing obtaining a letter from the Corps that the crossing(s) qualify for a nationwide permit. If you have any questions or need additional information, please call. Sincerely, HIGH COUNTRY ENGINEERING, INC. T othy P. Beck, P.E. P incipal Engineer TPB:djw enc. cc w/ enc.: Roland Parker, Rudd Construction Dote: August 1, 1996 Applicnitt: ' Wayne Rudd • • APPLICATION Si'PCIAL/C:ONi)I'I'IUNAL 1JSP PIM MIT Address or Applicant: 0132 Park Avenue Basalt, CO 81621 Specht!/C[>,ttditionn1 Use: Floodplain Development Permit I.,cgn! Description: See Attached Title Commitment Practical Descrip1inn (location with respect to highways, county roads, and residences): Adjacent ..a_Ri.fle_.1.-lQte_e_t_St. p_.._._JSe At_t ehedd_Mspl • Regtrirements: op . I'Intis and specifications for proposed use (hours of operation, number of vehicles/dny, locution anti sim of structures, etc.). 2. Existing or proposed mei hod oft;cwngr., source of disposal and water. hood access and other infot•ntntion deemed necessary to explain proposed use. 3. A vicinity ntnr dawn 10 scale depicting fhe subject properly, location, and use of building and structures on adjacent lots. 4. An impact statement nn the proposed use where required by Sections 5.03-5.03.12 of Zoning Itegnlal ions. cA ,....f A .............•'.. 4...... 4.1.,....1101... ...•........•... .....r .. 1:..i:.... ..r ..11 ...1:,.:..:.... ..r....s.•1.• • { • 1 1Uq i,Ir. 4 ;AE 1 : • • ' : • • .•I •, A • : . (. • 1.4. •• • ii# • -,r• •::::JI• �:. Vilii :r: 4 _ 4 ! Rifle • • .i /' ,, •Cern fgii14/1 PiPrijji .. • I 4 J •• •• • • • •• r:ntoilw5)\.,,.„54,..„_:_ • • 1 1t •I • �11 • • �l • • • r▪ ' • ravel ,.Vr�tl ;=.MI •• 1 - • t. • I. • • r • 716S.- 19 31A/ Sec. I(' 3 4J. TR r covezwaYo • „GT :1 •• ir t- • • U • +53 i HIGH COUNTRY ENGINEERING, INC. 923 COOPER AVENUE GLENWOOD SPRINGS, CO 81601 (970) 945-9879 • rax (970) 945-2555 Cm) • DITCH \1 ciwrT'f MAP PCUap CoMST-RUCTib.1Co f1�ri`Q IFLE, CO I-gCE# 96203(1•01 /'1 'no SCrUc.0 - r=10001 f • 1 co .. • s o'v, HIGH COUNTRY ENGINEERING, INC. 923 COOPER AVENUE GLENWOOD SPRINGS, CO 81601 (970) 945-8878 • Pax (970) 945-2555 T ; i 1 4 (0 1 1 IL r++oa It Mir' :f Z//7 -f'$ NCf 1 11431,c)I x/11 /94 S(:ALe 1"= zoo' NATIONAL FLOOD INSURANCE PROSNAII. FIRM FLOOD INSURANCE RATE MAP GARF!ELD COUNTY. COLORADO WIANCORPORATED AREAs) PANEL 1353 OF 1900 ISfir FN. 'CM PANFoi NO....WHOP COMMUNITY -PANEL HUMBER D80205 1353 8 MAP REVISED: JANUARY 3,1986 VE A6 jIli 1 Federal Ernessency NEanagenreni Agency ----------- ....... ..--,----- 98 ZONE B DENVEr? AND APPROXINIA I E. SCALE IN FEL] 500 0 500 11 2ND tij ZONE C R10 GRANDE STREET 15T w I 1 _ 1 •<„'REET ------ ------, j r- ----..,, Fill/164 --17----____-------------- ‘,-.../ / -------."--------- \ R M 7 0 KEY TO /Mr ton ZONE B ZONE B • ,M ! ENPLANATION t1T 70N1- ye-Np,1,0.4. 11.1,00 WESTERN •R, N 0 in- : 2..? ...:: ,v --,z.• • ,01...: • . ,.-,.•-•-,?..'4'.',A.1•:::..•• -r0:a,p.,/,,,,,r;,,i- r.L -..4,,,;,:',..,..f"...•-- ' ''. ,,........;‘-.1' ...R, =4,..-,•: 3,-,s„..' ,-. •• 1 ,. 00;lo.':•-.3x-,T ...--..--- ''''.• 29§7,.,..,:n ':', ,- .. • - ,:::-,;.,34ixt;e7,,-•4. „--.: - - ,.... p.m IT OF 5----::/...- ------------. --- !',..e!!,... - --- -------_----- ,..--„--- r.._:--------:::--- — :0, ..,.. It.,...1 e- /.....• . ,,..• .•— A,411.1.4 4.‘ RP, DE -TAILED ZONE /-1," ZONE C HIGH COUNTRY ENGINEERING, INC. 923 COOPER AVENUE GLENWOOD SPRINGS, CO 81601 (970) 945-8676 • Fax (970) 945-2555 Ir CITY OF RIFLE 0 CD ZONE C CORPORATF RU DA A/S7RUC72OAt Pico P6-Rr ; Rrite CO Nee- .v 9o,d39,o/ Gfr/96 illz-500/ IUT?OIUI /100 11151.1100tet PROGRIRI FLOODWAY FLOOD BOUNDARY AND FLOODWAY MAP GARFIELD COUNTY. COLORADO fUNINCORPort,ArEn AttF1S) PANEL 1354 OF 1900 ,110•11•100,11 moc rcmfeto, APPROXIMATE SCALE IN FEET 500 0 500 31911131121111).71::<) . 3 ..... STREET' "." NOTES TO USER • •., 0 '11 • -.-- • •,- • ...II KEY M. MAP tticom-k, :11111111111.11 ANO%—\ RIO GRANDE WESTERN HWY ',Ia.,. :I.I, ,m.r re, ...it rn Irn• “,n,1 .11., i Mow COMMUNITY -PANEL NUMBER i -1 080205 1354 MAP REVISED: JANUARY 3,1086 .W[ surcVlity lerne, /Ior: 43�A/DARY fkc c4 ra-. zed,- Asse.sseras thRP. HIGH COUNTRY ENGINEERING, INC. 923 COOPER AVENUE GLENWOOD SPRINGS, CO 81601 (970) 945-8676 • Fax (970) 945-2555 CI 017 RIFLE 'ODD coNsntocrica ReDp6- gra6 , ea MCC # Ver,31 6/2101, .,tea ... .. .. . . ..h.. • Y " 'sti5F i+j� � 4 ■ 11110.75 AP FX AP FX GRAPHIC SCALE r s r r as S M mei 1 look - 100 n. mum h0 0000401 4(;T 1 OF 1 • • Adjacent Property Owners to the Proposed Rudd Property (AaseLors Number 2177-163-00-002) JacksOn, J.H. Land Co. Attn: £heryl J. Tonso 354 The Eagle Pass Durango, CO 81301 (2177-163-00-003) (2177,163-00-029) Ambr,se, Phillip Willaim & Michaeleen Ann 12095 - 320 Rd. Rifle, Colorado, 81650 1 (2177163-00-001) GrossL Edwin & Adeline M. 23049 Farmington Rd. Farmington, MI 48336-3920 (2177-164-00-041) (2177-163-00-029) (2177-164-13-004) Rudd Limited Liability Co. 52 Flying Fish Rd. Carbondale, CO 81623 (2177-164-13-00!) McQuinn, Matthew L. & Laurie W. 12134 - 320 Rd. Rifle, CO 81650 (2177-164-13-002) Deming, Richard G. & Fedora, Mary C. 12102 County Rd. 320 Rifle, CO 81650 (2177-163-00-017) (2177-163-00-018) (2177-163-00-028) Lawson, David W. & Shirty B. 12091 - 320 Rd. Rifle, CO 81650 8-01-1996 11:09AM FRIVIDD CONST. INC. 970 927 40270 a YOUR LAND TITLE GUARANTEE COMPANY CONTACTS May, 15, 1996 Buyer/Borrower: Seiler/Owner: our Order No.: GW220850 WAYNE RUDD J.H. JACKSON LAND COMPANY, A LIMITED PARTNERSHIP Property Address: VACANT LAND If you have any inquiries or require further assistance, contact one of the numbers listed below: Por Closing Assistance: MARGARET JOY 817 COLORADO AVE. GLENWOOD SPRINGS CO 81601 Phone: 970 945-2610 Fax: 970 945-4784 please For Title Assistance: P. 2 CINDY COCHRAN 817 COLORADO AVE #102 GLENWOOD SPRINGS, CO 81601 Phone: 970 945-2610 Fax: 970 945-4784 Note: Once an original commitment has been issued, any subsequent changes will be emphasized by underlining. THANK YOU POR YOUR ORDER! 8-01-1996 11 : 09AM F9411 RUC)D CONST. INC. 970 927 40271411 P.3 ULD REPUBLIC NATIONAL TITLE INSURANCE COMPANY ALTA COMMITMENT SCHEDULE A Our Order if GW220850 - Charges - ALTA Owner Policy Tax Certificate 1 - - TOTAL - For Information Only VACANT LAND $527.00 $10.00 $537.00 *** THkS IS NOT AN INVOICE, BUT AN ESTIMATE OP PEES. WHEN REFERRING TO, THIS ORDER, PLEASE REFERENCE OUR ORDER NO. GW220850 *** i 1. Effective Date: April 25, 1996 at 5:00 P.M. 2. Policy to be issued, and proposed Insured: "ALTA" Owner's Policy 10-17-92 $100,000.00 Proposed Insured: WAYNE RUDD 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: J.H. JACKSON LAND COMPANY, A LIMITED PARTNERSHIP 5. The land referred to in this Commitment is described as follows: PARCEL A: A TRACT OF LAND IN THE NE1/4SW1/4 OF SECTION 16, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT CORNER NO. 1, WHICH IS THE SAME AS THE SOUTHWEST CORNER OP THE HOBART NEAL PROPERTY AND ALSO A CORNER OF THE ALICE KRUSE PROPERTY, WHENCE THE SOUTH QUARTER CORNER OF SAID SECTION 16 BEARS SOUTH 17 DEGREES 05' EAST, A DISTANCE OF 1922.7 FEET; PAGE 1 8-01-1996 11 :09AM FRillRUDt CONST. INC. 970 927 4027 p.4 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY ALTA COMMITMENT SCHEDULE A Our Order # GW220850 THENCE'NORTH 02 DEGREES 07' EAST, ALONG THE LINE 13RTWEEN THE NBAL AND KRUSE PROPERTIES, A DISTANCE OF 265.0 FEET TO CORNER NO.2; THENCE WEST 240.0 FEET TO CORNER NO. 3; THENCE; NORTH 60.0 FRET TO CORNER NO. 4; THENCE WEST 451.8 FEET, MORE OR LESS, TO CORNER NO. 5, A POINT ON 'SHE#WEST LINE OF SAID KRUSE PROPERTY; THENCE SOUTH 1 DBGRRES 11' WEST 328.3 PEET, MORE OR LESS, TO CORNBRiNO. 6, WHICH IS THE SOUTHWEST CORNER OF SAID KRUSE PROPERTY; THENCE'ALONG THE SOUTH LINE OF SAID KRUSE PROPERTY NORTH 88 DEGREES 11' EAST, 81.3 FEET TO CORNER NO. 7; THBNCE'NORTH 89 DEGREES 28' EAST 295.4 FEET TO CORNER NO. 8; THENCE SOUTH 89 DEGREES 40' EAST 322.1 FRET TO CORNER NO. 1, THE PLACE OF BEGINNING. PARCEL, B A TRACT OF LAND IN THE NE1/4SW1/4 AND THE SE1/4NW1/4 OF SECTION 16, T. 6 S., R 93 WEST OP THE 6TH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT CORNER NO. 1 WHICH IS THE SAME POINT AS CORNER NO. 4 OP THE TRACT DESCRIBED IN DOCUMENT NO. 197345 IN THE RECORDS OF GARFIELD COUNTY, COLORADO, IN BOOK NO. 298 AT PAGE NO. 571, FROM WHICH CORNER THE SOUTH OUART8R Cnutt8_a 0? SAID SECTION 16 BEARS S. 20 DEGREES 11' E.�A DISTANCE OF 2304.2 FEET; THENCE WEST 451.8 FEET TO CORNER NO. 2, THENCE N 1 DEGREES 11' E. 188.65 FEET TO CORNER NO. 3, THENCE N. 41 DEGREES 48" E. 177.88 FEET TO CORNER NO. 4, THENCE N. 55 DEGREES 49' E. 294.95 PERT TO CORNER NO. 5, THENCE S. 8 DEGREES 10' E. 217.38 FEET TO CORNER NO. 6, THENCE S. 85 DEGREES 48' E. 54.5 FEET TO CORNER NO. 7, THENCE SOUTH 267.7 PRRT, MORE OR LESS, TO THE PLACE OF BEGINNING. PARCEL C: A TRACT OF LAND IN THE NE1/4SW1/4 OF SECTION 16, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE 6TH PRINCIPAL MERIDIAN DESCRIBED AS BEGINNING AT THE SOUTHEAST CORNER #1, WHENCE THE QUARTER CORNER ON THE SOUTH LINE OF THE ABOVE SECTION, BEARS SOUTH 9 DEGREES 16' EAST 2245 FRET, MORE OR LESS, THENCE WEST 460 FEET FOR CORNER #2; THENCE SOUTH 380 FEET FOR CORNER #3; THENCE WEST 484 FEET, TO OLD BANK OF COLORADO RIVER FOR CORNER PAGE 2 8-01-1996 11:10AM FROSOUDO CONST. INC. 970 927 402740 P.5 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY ALTA COMMITMENT SCHEDULE A Our Order # GW220850 #4; THENCE NORTH 26 DEGREES 2' EAST 156 PEET, FOR CORNER #5; THENCE NORTH 36 DEGREES 4' E. 302 PEET, FOR CORNER #6; THENCE NORTH 51 DEGREES 32' EAST 190 FEET, MORE OR LESS POR CORNER #7; TRENCH EAST 500 FEET FOR CORNER #8, WHICH CORNER IS THE NORTHEAST CORNER OF THIS TRACT, THENCE;SOUTHERLY TO CORNER #1 OR THE PLACE OF BEGINNING. A TRACT OF LAND SITUATED IN THE E1/2S1/2, SECTION 16, T. 6 S_, R. 93 WEST OF THS 6TH PRINCIPAL MERIDXAN, AND MORE FULLY DESCRI ED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE SOUTH QUARTER CORNER OF SAID SECTION 16 BEARS S. 2 DEGREES 55' E. 2210.47 FEET; THENCE N. 84 DEGREES 56' W. 438.87 FRET; THENCE S. 2 DEGREES 7' W. 408.58 FEET; THENCE N. 89 DEGREES 40' W. 322.1 FEET; THENCE S. 89 DEGREES 28' W. 285.44 FEET; THENCE S. 88 DEGREES 11' W. 81.3 FEET; THENCE N. 1 DEGREES 11' E. 516.95 FEET; THENCE N. 41 DEGREES 48' E. 177.88 FEET; • THENCE N. 52 DEGREES 49' E. 294.95 PEET; THENCE S. 8 DEGREES 10' B. 217.38 FEET; THENCE S. 85 DEGREES 48' E. 214.5 FEST; THENCE S. 84 DEGREES 23' R. 304.82 FEET; THENCE S. 85 DEGREES 48' E. 205.7 PEET; THENCE S. 8 DEGREES 10' E. 174.5 PEET TO THE POINT OF BEGINNING COUNTY OP GARF I ELD STATE OP COLORADO PAGE 3 8--01-1996 1 1 : 10AM I FRolluDD CONST_ INC. 970 927 00270 P. 6 ALTA COMMITMENT SCHEDULE B-1 (Requirements) Our Order # GW220850 The following are the requirements to be complied with: 1. PayMent to or for the account of the grantors or mortgagors of the full coneideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insux`ed must be executed and duly filed for record, to -wit: 3. WARRANTY DEED FROM J.H. JACKSON LAND COMPANY, A LIMITED PARTNERSHIP WAYNE RUDD CONVEYING SUBJECT PROPERTY. TO THE COUNTY CLERK AND RECORDERS OFFICE REQUIRES RETURN ADDRESSES ON DOCUMENTS SENT FOR RECORDING!! ************************* NOTE ********************i****** RECORDING FEES HAVE INCREASED AS OP JULY 1, 1995 TO $6.00 FOR THE FIRST PAGE AND $5.00 FOR EACH ADDITIONAL PAGE. RELEASES HAVE INCREASED TO $14.00 FOR THE FIRST PAGE AND $5.00 POR EACH ADDITIONAL PAGE. R M r pAf3E 4 . B -0J--1999 11 : 1 1 AM FlipUDD CONST. INC. 970 927 4027 • P. 7 ALTA COMMITMENT SCHEDULE 8-2 (Exceptions) Our Order # GW220850 The policy or policies to be issued will contain exceptions to the fallowing unless the same are disposed of to the satisfaction of the Comtpan6► 1. Standard Exceptions 1 through 5 printed on the cover sheet. 6. Taxes and asge5sments not yet due or payable and special assesaments not yet certified to the Treasurers office. 7. Any unpaid taxes or assessments against said land. 8. Liana kor unpaid water and sewer charges, if any. 9. THS 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 ARRA. 10. WATER RIGHTS OR CLAIMS TO WATER RIGHTS. 11. RIGHT OP PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE POUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED June 23, 3194, IN BOOK 12 AT PAGE 327 AND RECORDED MARCH 21, 1920 IN BOOK 73 AT PAGE 113. 12. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED June 23, 1894, IN BOOK 1.2 AT PAGE 327 AND RECORDED MARCH 21, 1920 IN BOOK 73 AT PAGE 113. 13. BASEMENTS AND RIGHTS OF WAY FOR ROADS, STREETS, HIGHWAYS, DITCHES, CANALS, PIPELINES AND UTILITY LINES AS CONSTRUCTED AND IN PLACE. NOTE: UPON RECEIPT OP A SURVEY, MEETING THE ALTA MINIMUM STANDARDS FOR CONTENT AND ACCURACY, THE EXCEPTION SHOWN ABOVE WILL BE DELETED. PROVIDED HOWEVER, THAT LAND TITLE GUARANTEE COMPANY RESERVES THE RIGHT TO ADD ANY EXCEPTIONS IT DEEMS NECESSARY FOR MATTERS DISCLOSED BY SAID SURVEY. 14. ANY AND ALL PROPRILTARY RIGHTS AND/OR INTEREST IN AND TO THAT PORTION OF THE SUBJECT PROPERTY LYING NORTHERLY AND WESTERLY OF THE FENCE AS SHOWN ON THE SURVEY PREPARED BY JEROME GAMBA AND ASSOCIATES, INC., DATED MAY 6, 1995. 15. ANY QUESTION, DISPUTE OR ADVERSE CLAIMS AS TO ANY LOSS OR GAIN OF LAND AS A RESULT OF ANY CHANGE IN THE RIVER BED LOCATION BY NATURAL OE OTHER THAN NATURAL CAUSES, OR ALTERATION THROUGH ANY CAUSE, NATURAL OR UNNATURAL, OP THE CENTER THREAD, BANK, CHANNEL OR FLOW OF WATERS IN THE COLORADO RIVER LYING WITHIN SUBJECT LAND: AND ANY QUESTION AS TO THE LOCATION OP SUCH CENTER THREAD, BED, BANK OR CHANNEL AS A LEGAL DESCRIPTION MONUMENT OR MARKER FOR PURPOSES OF DESCRIBING OR LOCATING SUBJECT LANDS. PAGE 8-01:1996 11 : 1 1 AM FlIVUOD CONST. INC. 970 927 402* P. 8 LAND T I TLE GUARANTEE COMPANY DISCLOSURE STATEMENT Required by Senate Bill 91-14 A) The subject real property may be located in a special taxing { district. B), A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer or the County } Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. • Required by Senate Bill 92-143 A) A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. 8 -018 -0J --1g96 1 1 : 1 1 AM F '2UDD CONST. INC, 970 927 d027 P.7 ALTA COMMITMENT SCHEDULE 8.2 (Exceptions) Our Order # GW220850 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Standard Exceptions 1 through 5 printed on the cover sheet. 6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against said land. 8. Liens for unpaid water and sewer charges, if any. 9. 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 ARRA. 10. WATER RIGHTS OR CLAIMS TO WATER RIGHTS. 11. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED June 23, 1$94, IN BOOK 12 AT PAGE 327 AND RECORDED MARCH 21, 1920 IN BOOK 73 AT PAGE 113. 12. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED June 23, 1894, IN BOOK 12 AT PAGE 327 AND RECORDED MARCH 21, 1920 IN 800E 73 AT PAGE 113. 13. EASEMENTS AND RIGHTS OF WAY FOR ROADS, STREETS, HIGHWAYS, DITCHES, CANALS, PIPELINES AND UTILITY LINES AS CONSTRUCTED AND IN PLACE. NOTE: UPON RECEIPT OP A SURVEY, MEETING THE ALTA MINIMUM STANDARDS FOR CONTENT AND ACCURACY, THE EXCEPTION SHOWN ABOVE WILL BE DELETED. PROVIDED HOWEVER, THAT LAND TITLE GUARANTEE COMPANY RESERVES THE RIGHT TO ADD ANY EXCEPTIONS IT DEEMS NECESSARY FOR MATTERS DISCLOSED BY SAID SURVEY. 14. ANY AND ALL PROPRIETARY RIGHTS AND/OR INTEREST IN AND TO THAT PORTION OF THE SUBJECT PROPERTY LYING NORTHERLY AND WESTERLY OF THE FENCE AS SHOWN ON THE SURVEY PREPARED BY JEROME GAMBA AND ASSOCIATES, INC., DATED MAY 8, 1995. 15. ANY QUESTION, DISPUTE OR ADVERSE CLAIMS AS TO ANY LOSS OR GAIN OF LAND AS A RESULT OF ANY CHANGE IN THE RIVER BED LOCATION BY NATURAL OR OTHER THAN NATURAL CAUSES, OR ALTERATION THROUGH ANY CAUSE, NATURAL OR UNNATURAL, OF THE CENTER THREAD, BANK, CHANNEL OR FLOW OF WATERS IN THE COLORADO RIVER LYING WITHIN SUBJECT LAND: AND ANY QUESTION AS TO THE LOCATION Oki SUCH CENTER THREAD, BED, BANE OR CHANNEL AS A LEGAL DESCRIPTION MONUMENT OR MARKER FOR PURPOSES OF DESCRIBING OR LOCATING SUBJECT LANDS. PAGE 5 8-01--1996 11 : 09AM F iRUDD CONST. INC. 970 927 4020 P. 2 YOUR LAND TITLE GUARANTEE COMPANY CONTACTS May, 15, 1996 Buyer/Borrower: Seller/Owner: Prdperty Address: Our Order No.: GW220850 WAYNE RUDD J.H. JACKSON LAND COMPANY, A LIMITED PARTNERSHIP VACANT LAND If you have any inquiries or require further contact one of the numbers listed below: For Closing Assistance: MARGARET JOY 817 COLORADO AVE. GLENWOOD SPRINGS CO 81601 Phone: 970 945-2610 Fax: 970 945-4784 assistance, please For Title Assistance; CINDY COCHRAN 817 COLORADO AVE #102 GLENWOOD SPRINGS, CO 81601 Phone: 970 945-2610 Fax: 970 945-4784 Note: Once an original commitment has been issued, any subsequent changes will be emphasized by underlining. THANK YOU FOR YOUR ORDER! 8-01-1996 11 :09AM Fit RUDD CONST. INC. 970 927 /10241,P.3 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY ALTA COMMITMENT SCHEDULE A Our Order # GW220850 - Charges - ALTA Owner Policy Tax Certificate - - TOTAL Por Information Only VACANT LAND $527.00 $10.00 $537.00 *** THIS IS NOT AN INVOICE, BUT AN ESTIMATE OF FEES. WHEN REFERRING TO THIS ORDER, PLEASE REFERENCE OUR ORDER NO. GW220850 *** 1. Effective Date: April 25, 1996 at 5:00 P.M. 2. Policy to be issued, and proposed Insured: "ALTA" Owner's Policy 10-17-92 $100,000.00 Proposed Insured: • WAYNE RUDD 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: J.H. JACKSON LAND COMPANY, A LIMITED PARTNERSHIP 5. The land referred to in this Commitment is described as follows: PARCEL A: A TRACT OF LAND IN THE NE1/4SW1/4 OF SECTION 16, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT CORNER NO. 1, WHICH IS THE SAME AS THE SOUTHWEST CORNER OF THE HOBART NEAL PROPERTY AND ALSO A CORNER OF THE ALICE KRUSE PROPERTY, WHENCE THE SOUTH QUARTER CORNER OF SAID SECTION 16 BEARS SOUTH 17 DEGREES 05' EAST, A DISTANCE OF 1922.7 FEET; PAGE 1 8-01-1996 11 : 09AM FIIVPUDD CONST. INC. 970 927 4021110 P. 4 OLD REPUBLIC NATIONAL, TITLE INSURANCE COMPANY ALTA COMMITMENT SCHEDULE A Our Order # CW220850 THENCE'NORTH 02 DEGREES 07' EAST, ALONG THE LINE BETWEEN THE NEAL AND KRUSE PROPERTIES, A DISTANCE OP 265.0 FEET TO CORNER NO.2; THENCE WEST 240.0 FEET TO CORNER NO. 3; THENCE NORTH 60.0 FEET TO CORNER NO. 4; THENCE WEST 451.8 FEET, MORE OR LESS, TO CORNER NO. 5, A POINT ON THE{WEST LINE OF SAID KRUSE PROPERTY; THENCE SOUTH 1 DEGREES 11' WEST 328.3 FEET, MORE OR LESS, TO CORNER NO. 6, WHICH IS THE SOUTHWEST CORNER OF SAID KRUSE PROPERTY; THENCE'ALONG THE SOUTH LINE OF SAID KRUSE PROPERTY NORTH 88 DEGREES 11' EAST, 81.3 FEET TO CORNER NO. 7; THENCENORTH 89 DEGREES 28' EAST 285.4 FEET TO CORNER NO. 8; THENCE SOUTH 89 DEGREES 40' EAST 322.1 PEET TO CORNER NO. 1, THE PLACE OF BEGINNING. PARCEL B: A TRACT OF LAND TN THE NE1/4SW1/4 AND THE SE1/4NW1/4 OF SECTION 16, T. 6 S., R 93 WEST OF THE 6TH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: • BEGINNING AT CORNER NO. 1 WHICH IS THE SAME POINT AS CORNER NO. 4 OF THE TRACT DESCRIBED IN DOCUMENT NO. 197345 IN THE RECORDS OP GARFIELD COUNTY, COLORADO, IN BOOK NO. 298 AT PAGE NO. 571, FROM WHICH CORNER THE SOUTH QUARTER CORNER OF SAID SECTION 16 BEARS 5. 20 DEGREES 11' E. A DISTANCE OF 2304.2 FEET; THENCE WEST 451.8 FEET TO CORNER NO. 2, THENCE N 1 DEGREES 11' E. 188.65 FEET TO CORNER NO. 3, THENCE N. 41 DEGREES 48" E. 177.88 FEET TO CORNER NO. 4, THENCE N. 5S DEGREES 49' E. 294.95 PEET TO CORNER NO. 5, THENCE S. 8 DEGREES 10' E. 217.38 FEET TO CORNER NO. 6, THENCE S. 85 DEGREES 48' E. 54.5 FEET TO CORNER NO. 7, THENCE SOUTH 267.7 PEET, MORE OR LESS, TO THE PLACE OF BEGINNING. PARCEL C: A TRACT OF LAND IN THE NE1/4SW1/4 OF SECTION 16, TOWNSHIP 6 SOUTH, RANGE 93 WEST OP THE 6TH PRINCIPAL MERIDIAN DESCRIBED AS BEGINNING AT THE SOUTHEAST CORNER #1, WHENCE THE QUARTER CORNER ON THE SOUTH LINE OF THE ABOVE SECTION, BEARS SOUTH 9 DEGREES 16' EAST 2245 FEET, MORE OR LESS, THENCE WEST 460 FEET FOR CORNER #2; THENCE SOUTH 380 FEET FOR CORNER #3; THENCE WEST 484 FEET, TO OLD BANK OF COLORADO RIVER FOR CORNER PAGE 2 8-01-1996 1 1 : 10AM F1 }Jt0 CONST. INC. 970 927 4021 P. S OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY ALTA COMMITMENT SCHEDULE A i Our Order # GW220850 #4; THENCE NORTH 26 DEGREES 2' EAST 156 PEET, FOR CORNER #5; `HENCE NORTH 36 DEGREES 4' E. 302 FEET, FOR CORNER #6; THENCE NORTH 51 DEGREES 32' EAST 190 FEET, MORE OR LESS FOR CORNER #7; THENCE. EAST 500 FEET FOR CORNER #8, WHICH CORNER IS THE NORTHEAST CORNER OF THIS TRACT, TH!NCE.SOUTHERLY TO CORNER #1 OR THE PLACE OF BEGINNING. A TRACT OF LAND SITUATED IN THE E1/2S1/2, SECTION 16, T. 6 S., R. 93 WEST OF THE 6TH PRINCIPAL MERIDIAN, AND MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE SOUTH QUARTER CORNER OF SAID SECTION 16 SEARS S. 2 DEGREES 55' G. 2210.47 FEET; THENCE N. 84 DEGREES 56' W. 438.87 FEET; THENCE S. 2 DEGREES 7' W. 408.58 FEET; THENCE N. 89 DEGREES 40' W. 322.1 FEET; THENCE S. 89 DEGREES 28' W. 285.44 FEET; THENCE S. 88 DEGREES 11' W. 81.3 FEET; THENCE N. 1 DEGREES 11' E. 516.95 FEET; THENCE N. 41 DEGREES 48' E. 177.88 FEET; THENCE N. 52 DEGREES 49' E. 294.95 PEET; THENCE S. 8 DEGREES 10' E. 217.38 PEET; THENCE S. 85 DEGREES 48' E. 214.5 FEET; THENCE S. 84 DEGREES 23' E. 304.82 PEET; THENCE S. 85 DEGREES 48' E. 205.7 FEET; THENCE S. 8 DEGREES 10' E. 174.5 FEET TO THE POINT OF BEGINNING COUNTY OF GARFIELD STATE OF COLORADO asr PAGE 3 8-01-1996 11.1OAM F '`?UDD CONST. INC. 970 927 dill, P.6 ALTA COMM I T M E N T SCHEDULE B-1 (Requirements) Our Order # Gw220850 The following are the requirements to be complied with: 1. Payment. to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: 3. WARRANTIY DEED FROM J.H. JACKSON LAND COMPANY, A LIMITED PARTNERSHIP TO WAYNE RUDD CONVEYING SUBJECT PROPERTY. ILIUM THE COUNTY CLERK AND RECORDERS OFFICE REQUIRES RETURN ADDRESSES ON DOCUMENTS SENT FOR RECORDING!! ************************* NOTE ,t*******************iF RECORDING FEES HAVE INCREASED AS OP JULY 1, 1995 TO $6.00 FOR THE FIRST PAGE AND $5.00 FOR EACH ADDITIONAL PAGE. RELEASES HAVE INCREASED TO $14.00 FOR THE FIRST PAGE AND $5.00 FOR EACH ADDITIONAL PAGE. 1111111111 8-01:-1996 1 1 1 1 1 AM F RULED CONST. INC. 970 927 40.` LAND T I TLE GUARANTEE COMPANY DISCLOSURE STATEMENT Required by Senate Bill 91-14 A) The subject real property may be located in a special taxing { district. Bh A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer or the County } Treasurer's authorized agent. P. 8 C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. • Required by Senate Bill 92-143 A) A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. • • .10/1?-. "'--�. PRE-ichirmIoN AND OA8N 13N TR Y PATENT -1107-6h. P4."•• 4.4 r...w.s.r„a �r.re....• cuwvo THE USI fiZD STATES OFA AMZRICA Certificate No 3€ 7 �.•—..P—._� To an to Whom these Presents shall come, QKumTzNot herexg,✓�1c��p�{��f:�r haAf deposited in the General Land Office of the United States a Certificate of the Register of the Land Office at whereby it appears that full payment has been made by the said according to the provisions of the Act of Congress of the 2.4th of April, 1800, vision, for the sale of the Public Lands," and the acts supplemental thereto, for ntitled "An .Bot TegaW alongfur her pro- / according to the Official Plat of the Survey of the said Lands, returned to the General Land Office by the i/ Surveyor General, which said Tract ha/l/been purchased by the said«l7R�t/ Now Know' Ire, That the United -States of America, in consideration of the premises, and in conformity with the several Acts of Congress in such case made and provided, haveJiven and granted, and by these presents do give and rant unto the said G(ivt,7 and to_.heirs, the said Tract above described: To Have ando t Hold the same, together with all the rights, privileges, immunities and appurtenances, of whatsoever nature, there nto belonging, unto the said ._r / 971/ and to —heirs and assigns forever; subject to any vested an accrued water rights for mining, agri- cultural, manufacturing or other purposes, and rights to ditches and reservoirs used in connection with such water rights as may be recognized and acknowledged by the local customs, laws and decisions of Courts, and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the AB t e e cu _ p egtopate o interne �% tnises .r D d „ y• Testi v u W reof I,C � / Oy % fes` ° President of the United States of America, have caused these letters to be made patent, and the Seal of the General Land Office to be hereunto affixed. Given under my hand, at the City of Washington, the,- day of ,in the year of our Lord one thousand eight hundred and _ _ 4 -LJ , and of the Independence of the United States the one hundr BY THE PRESIDENT: ,Secretary. . Recorder of the General Land Office. Recorded, Vol___+j._ Page_. Filed for Record the day_. ori o A D. 189 , at.// M. By Deputy. • • 4.407 a-ty THE UNITED STATES OF AMERICA. To all to whom these Presents shall come, GREETING: Certificate No. Lc 11-4 WHEREAS, has deposited iti the GENERAL Register of the Land Office at that full payment has been made by the sai c.c C` LAND OFFICE OFFICE of the U ted V States, .tla .1 a z: ,c Lo i-arzJ4 according to the provisions of the Act '` An Act ntaking further provision for supplemental thereto, for the ...- .c r.... .sf17Q—'Ytsae-r�J of " Congress the sale of edirr min a certificate of the whereby it appears of the 24th of April, 1820, entitled the Public Public yy((��Lands," and the acts Q OoxrcIct„ L�i.firfrit.C.L j� .-... S tea �LnC-t .-(CS • /12,4,: .�:i. Jaz&- .-✓[_.47Y+� 1 according to the Official Plat of the Survey of the said lands, returned to the GENERAL LAND OFFICE by the Surveyor General, which said Tract has been purchased by the said N W KNOW YE, That the UNITED STATES OF AMERICA, in consideration of the premises, and in conformity with the several Acts of Congress in such case made and provided, HAVE// GIVEN AND GRANTED, and by these presents DO GIVE, AND GRANT, unto the said cZghtfzleirs, the said Tract above described; TO HAVE AND TO HOLD the same, together with all the rights, privileges, immunities, and appurtenances, of whatsoever nature, .I;L thereunto belonging unto and to, rights for mining, and reservoirs used acknowledged by the right of the sante law ; and ditches or the said. heirs and agricultural, assig/ts rever; manufacturing, in connection local customs, the proprietor be found there is of a vein to penetrate reserved canals constructed by Recorded , Vol.. Filed for Record the leg/ day of .__ Q D. 1940 at ..g'/yo�lock.�M. �'J�/✓/ iI r/: -'- Recorder. Deputy. subject to any vested and accrued water or other purposes, and rights to ditches with such water rights, as may be recognized and laws, and decisions of courts, and also subject to the or lode to extract and remove his ore therefrom, should or intersect the premises hereby granted, as provided by lands hereby grauted. a right of way thereon for uthority of the United States. 7 In testimony whereof I,...v,.. ,, 17i --(=e �ka.0>-t. President of the States of America, have caused these letters to be made and the seal of the General Land Office to be hereunto from the the a United Patent, affixed. GIVEN under my hand at the City of Washington, the day of���t , in the year hundred and .Ylc.�4x� of our Lord one thousand and of the Indeptidence of and ...._.11./Ztrd-$.X By the President :.. By .....`l?7 Page the United States the one hundred Q�rtLsi lt1l Q VL i c Secretary. Recorder of the General Land Office. By 7-- • • PR®dCYPTIoN AND c,A8R MITRE PATENT -11 ` )63 rte! THE UNITED ZTI /4 rse-- - tau -AAA -kJ Certificate No 367 To all to Whom these hereag, a44 goes ec-'F6)z--.t p Fre. /N bi E r,,/✓i?k r•ir L/C V15e_A-cSS'E /v2 eacr:i 'CA-✓rhTi z,• J� // / I /LL (�1✓ /1-1 C / 4"•1 W deposited in the General Land Office of the Unit ,-e wher wad Office at s by the said according to the provisions of the ..4ot of Congress of the 24th of .Iprtl, 18S0,dntitled "An Jet aking furrher pro- vision for the sale of the Public, Lands," and the acts supplemental thereto, for - a000rding to the Official Piat of the Survey of the said Lands, returned to the General Land Office by the Surveyor General, which said Tract ha/a/been purchased by the saidur a -4'a -i -=-t/ now 11uow 'Ye, That the United ',States of 4meriea, in consideration of the premises, and in conformity with the several ✓Icts of Congress irk. suoh case made and provided, havejiven and granted, and by these presents ,, do give and rant unto the said GLs�I%,�, and to heirs, the said Tract above described 'To Have and to Hold the same, together with. all the rights, privileges, immunities and appurtenances, of whatsoever nature, there nto belonging, unto the said and to ___heirs and assigns forever; subject to any vested an( accrued water rights g for ruining, agri- cultural, manufacturing or other purposes, and rights to ditches and reservoirs used in connection with such water rights as may be recognized and acknowledged by the local customs, laws and decisions of Courts, and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the ss. a ou to pe trate o inter e e prerxis s erg gray t ,s ro did. b • w� ski /4. Tootim a W ereof, 1,0 r�,, �,, �� ?mkt of the Uliited States of America, have caused these letters to be made patent, and the Seal of the General Land Office to be hereunto affixed. Calvom under my hand, at the City of Washington, the, 1 day of ,in the year of our Lord one thousand eight hundred and - iYSp/ , and of the Independence of the United States the one hundr BY THE PRESIDENT: ..Poorded, Tol a A Page - Med for Reoord the -2day of .Secretary.. Recorder of the General Land Office. d D 18 9 , at.at-//_T o'clock QJ_..M. By Deputy. • • PRIM-L1LPTION AND CANH NNTR i PATENT --1 lo7. . M I. P..kr...4 Y. x.y.,.ry.{y &Edo. ••. Cifv THE UNITED STATEOP � AMRICA, Certificate No.36-7 'to all to Whom these Presents shall come, GREETING: Wreres j, / a/i_ ha til deposited in the General Land Office of the United States a Certificate of the Register of the Land Office at daA sae whereby it appears that full payment has been made by the said arc4,a/..&i a000rding to the provisions of the Act of Congress of the 2.4th of April, 182OO ntit led "An .dot aking fur her pro- vision for the sale of the Publto Lands," and the acts supplemental thereto, for. jj according to the Official Plat of the Survey of the said Lands, returned to the General Land Office by the Surveyor General, which said Traot ha,/been purchased by the saida`7W-.-yt/ How Know Ye, That the United' States of America, in consideration of the premises, and in conformity with the several Aots of Congress in such case made and provided, have iven and granted, and by these presents do give and rant unto the said / / 2 t and to_., heirs, the said Tract above desoribed: To Have and to Hold the same, together with all the rights, privileges, immunities and appurtenances, of whatsoever nature, there nto belonging, unto the said ,i and to __heirs and assigns forever; subject to any vested an f accrued water rights for mining', agri- cultural, manufacturing' or other purposes, and rights to ditches and reservoir, used in connection with such water rights as may be recognized and acknowledged by the local customs, laws and decisions of Courts, and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the sttejiiioult n7,ezleclp� na•er r_Vent o 14; Teeth n3-fureof,IPresident of he tided�! States of America, have caused these letters to be made patent, and the Seal of the General Land Office to be hereunto affixed. Given under my hand, at the City of Washington, then day of , in the year of our Lord one thousand eight hundred and States the one hundr and. n'1.P/, , and of the Independence of the United BY THE PRESIDENT: ,worded, Vol.. a .4 Page - i( _ dc8Le Med for Record the .2, s, day of ( /ec6,- -ce ' ` " `�" .Secretary. . Recorder of the General Land Office. A. D. 189 at -/l 'o'clock.. By Deputy. "-tat.110,,c,,A 4.407 a-ty THE UNITED STATES OF AMERICA. To all to whom these Presents shall come, GREETING: Certificate No. 1,2% 4 WHEREAS, in the GENERAL ha.:5 .... deposited Register of the Land Office at that full payment has been made by the said LAND OFFICE of the U ted V States, according to the provisions of the Act " Au Act making further provision for supplemental thereto, for the. A.../nAsz Aree -4t,-•714.01-ri--414-4014, aftsid---V 6. eivioa#4... ea -67-13.2 a certificate of the whereby it appears of Congress of the 24th of April, 1820, entitled the sale of the Public Lands," and the acts -4-171c211. 4,44,A QA,L. according to the Official Plat of the Survey of the said lauds, returned to the GENERAL OFFICE by the Surveyor General, which said Tract has been purchased by the said g eewk.n.e•rk.." LAND N W KNOW YE, That the UNITED STATES OF and in conformity 'with the several Acts of HAVE GIVEN AND GRANTED, and by these ,a,„Lek tit.iisolkom.keirs, the said Tract above described; TO HAVE AND TO HOLD the same, together with all the rights, privileges, immunities, and AMERICA, in consideration of the premises, such case made aud provided, DO GIVE AND GRANT, unto the said Congress in presents thereunto belonging unto the said and to.t heirs and rights for mining, agricultural, appurtenances, of whatsoever nature, assig is (l)rever; subject to any vested and accrued water or other purposes, and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws, and decisions of courts, and also subject to the the proprietor of a vein or lode to extract and remove his ore therefrom, should be found to penetrate or intersect the premises hereby granted, as provided by from the lands hereby granted. a right of way thereon for the authority of the United States. testimony whereof I, 6-6./.....-- .-...4.41)0464-dir (.. President of the te" States of America, hav caused these letters to be made and the seal of the General Land Office to be hereunto manufacturing, right of the same law ; and ditches or there is reserved canals constructed by In United Patent, affixed. GIVEN under my hand at the City of Washington, the day of\i/i.41r.-i-ot , in the year of our Lord one thousand hundred and 4 'RA, and . aud of the Indep tidence of the United States the one hundred By the President : , my/By 522 V Secretary. Recorded , Vol. , Page Recorder of the General Land Office. -4-7-2-tt..Ltrt %IL day of '7ket4t, Pi.,.1941 at XVI) , o'clock OM. ‘IedAti . e/L'''• Filed for Record the Cg ..... ... Recorder. By Deputy.