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Home My WebLink About1.0 ApplicationGarfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 wuyv4.arfieid-county.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION ❑ Minor Subdivision 0 Preliminary Plan Amendment Major Subdivision EI Final Plat Amendment ❑ Sketch ❑ Preliminary ❑ Final ; 0 Common Interest Community Subdivision Conservation Subdivision 0 Public/County Road Split Exemption ❑ Yield ❑ Sketch ❑ Preliminary ❑ Final 0 Rural Land Development Exemption ❑ Time Extension INVOLVED PARTIES Owner/Applicant Name: Kevin L and Kandy J. Herrman Phone: ( 970 ) 945-7193 Mailing Address: 250 County Road 127 #19 City: Glenwood Springs State: CO zip Code: 81601 E mail: advantagebuilders@comcast.net Representative (Authorization Required) Name: Julie S. Hanson Phone: ( 970 ) 945-8659 Mailing Address: 932 Cooper Ave. City: Glenwood Springs E-mail: jhanson@bch-law.com State: CO Zip Code: 81601 PROJECT NAME AND LOCATION Project Name: Tamburello North Exemption - Final Plat Amendment Assessor's Parcel Number: 2177 _ 021 - 00 - 539 Physical/Street Address: 210 County Road, Rifle, Colorado 81650 Legal Description: Tamburello North Exemption Tract 2 Zone District: Rural Property Size (acres): 8.028 acres Project Description Existing Use: vacant Property Proposed Use (From Use Table 3403): Residential Property Description of Project: The Property was originally created in 2002 as part of the Tamburello North Exemption. Tract 2 was amended in 2007 to reduce the building envelope and to move [As east property line. which reduced the overall acreage of the Properly. The existing building envelope is curren4 1.008 acres and the Applicant desires to amend the building envelope to approximately the same as was originally approved in 2002 (2.013 acres). This will allow for better construction of a single family home and allow the applicant to conslrucl on the south side of the access road and avoid the removal of a large grove of trees. Proposed Development Area Land Use Type # of Lots Single Family Duplex Multi -Family Commercial Industrial Open Space Other Total # of Units Acreage Parking REQUEST FOR WAIVERS Submission Requirements ❑ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List; Section: Section: Section: Section: Waiver of Standards ❑ The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of }:ny knowled:e. ////0/5 Signature of Property Owner ;�' Date k OFFICIAL USE ONLY File Number: Fee Paid: $ Commonwealth Title Company of Garfield County, Inc. 127 E. 5th Street Rifle, CO 81650 Phone (970) 625-3300 / Fax (970) 625-3305 1322 Grand Avenue Glenwood Springs, CO 81601 Phone (970) 945-4444 / Fax (970) 945-4449 Date: November 19, 2014 File No. 1411033 Property Address. TBD Deer Run Trail, Rifle Listing Agent Gold Star Realty, Inc. 758 Railroad Avenue Rifle, CO 81650 Attn: Linda Upton Email: redtherealtor@realtor.com Lender U.S. Bank N.A. 1901 Grand Avenue Glenwood Springs , CO 81601 Attn: Don Mundy Email: don.mundy@usbank.com / tonya.le@usbank.com Seller Ronald L. Byrd Jr. and Shirley S. Byrd 2654 Fairview Heights Court Rifle, CO 81650 Email: thebyrds@sopris.net Selling Agent RE/MAX Country: 820 Castle Valley Blvd. New Castle, CO 81647 Attn: Steve Carter Email: stevecarter@sopris.net Buyer Kevin L. Hei ian and Kandy J. Herrman 250 County Road 127 #19 Glenwood Springs, CO 81601 Email: advantagebuilders@comcast.net COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 1411033 1. Effective Date: November 13, 2014 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) Proposed Insured: Kevin L. Herrman and Kandy J. Herrman (b) ALTA LOAN POLICY (ALTA 6-17-06) Proposed Insured: U.S. Bank N.A., Its Successors and/or Assigns $92,000.00 $69,000.00 3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and is at the effective date hereof vested in: Ronald L. Byrd Jr. and Shirley S. Byrd 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: See Attached Exhibit "A" TITLE CHARGES Owner's Policy Standard Coverage $359.00 Re -Issue Owner's Extended Coverage 60.00 Mortgagee's Policy 100.00 Tax Certificate 15.00 Delete Standard Exceptions (Lender's) N/C COUNTERSIGNED: Patrick Burwell American Land Title Association Schedule A (Rev'd 6-06) Authorized Officer or Agent Valid Only if Schedule B and Cover Are Attached Issuing Agent: Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, CO 81650 File No. 1411033 EXHIBIT "A" TRACT 2 (AMENDED) A TRACT OF LAND SITUATE IN THE SE1/4NE1/4 SECTION 2, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER SAID SECTION 2, AN ALUMINUM CAP L.S. NO. 10871 IN PLACE; THENCE S89°31'43"W ALONG THE SOUTHERLY LINE OF SAID SE1/4NE1/4 A DISTANCE OF 734.45 FEET TO A REBAR AND CAP L.S. NO. 36572 IN PLACE THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S89°31'43 "W 585.06 FEET TO THE EAST CENTER 1/16 CORNER SAID SECTION 2, AN ALUMINUM CAP L.S. NO. 15710 IN PLACE; THENCE; N00°29'12"W ALONG THE WESTERLY LINE OF SAID SE1/4NE1/4 A DISTANCE OF 521.25 FEET TO A REBAR AND CAP L.S. NO. 31143 IN PLACE; THENCE LEAVING SAID WESTERLY LINE N74°37'38"E 528.83 FEET TO A REBAR AND CAP L.S. NO. 31143 IN PLACE; THENCE N89°35'40"E 73.82 FEET TO A REBAR AND CAP L.S. NO.36572 IN PLACE; THENCE S00°30'02 "E 657.16 FEET TO THE TRUE POINT OF BEGINNING. SUBJECT TO AND TOGETHER WITH A 60 FOOT WIDE ACCESS AND UTILITY EASEMENT FROM COUNTY ROAD NO. 210 ACROSS THE N1/2SE1/4 OF SECTION 2 AND ACROSS TRACT 1 AND TRACT 2 OF THE TAMBURELLO NORTH EXEMPTION AS SHOWNHEREON. Also known as Tract 2 (Amended), as shown on the Tamburello North Exemption Amended Plat recorded May 17, 2007 as Reception No. 723559. File No. 1411033 SCHEDULE B - SECTION 1 The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located. 1. Warranty deed from Ronald L. Byrd, Jr. and Shirley S. Byrd vesting fee simple title in Kevin L. Herrman and Kandy J. Heilman. 2. Deed of Trust from Kevin L. Heiman and Kandy J. Hen -man to the Public Trustee of Garfield County for the use of U.S. Bank N.A. 3. Release of record by the Public Trustee of the Deed of Trust from Ronald L. Byrd Jr. and Shirley S. Byrd for the use of Laraine S. Steele showing an original amount of $40,000.00, dated November 1, 2013 and recorded November 22, 2013 as Reception No.843482 (view) 4. Execution of a Final Affidavit and Agreement indemnifying the Company against unfiled mechanic's and materialmen's liens. NM 6 American Land Title Association Commitment Schedule B - Section 1 - Form 1004-5 DISCLOSURES Colorado Division of Insurance Regulation 3-5-1, Article 7, Paragraph G requires that "Every title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title insurance commitment, other than the effective date of the title insurance commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owners policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed." Provided Commonwealth Title Insurance Company of Garfield County, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. NOTE: Exception No. 4 of Schedule B - Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: A. The land described in Schedule A of this Commitment must be a single family residence, which includes a condominium or townhouse unit. B. No labor or materials may have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive appropriate affidavits indemnifying the Company against all unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A through C above is subject to such additional requirements or information as the Company may deem necessary; or, at its option, the Company may refuse to delete the exception. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Pursuant to C.R.S. § 10-11-122, notice is hereby given that: 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'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. D) The company will not issue its policy of policies of title insurance contemplated by the commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary. C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right, and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Pursuant to C.R.S. §10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. If the transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. §39-22-604.5 (Nonresident withholding). Pursuant to C.R.S. §38-35-125(2), no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. C.R.S. §39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. File No. 1411033 SCHEDULE B - SECTION 2 Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the company: 1. Rights or claims of parties in possession not shown by the Public records. Note: This exception will be deleted on the final policy upon compliance with the requirements herein. 2. Easements, or claims of easements, not shown by the public records. Note: This exception will be deleted on the final policy upon compliance with the requirements herein. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records. Note: This exception will be deleted on the final policy upon compliance with the requirements herein. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. Note: Exception No. 4 will be deleted upon receipt of Final Affidavits and Agreements indemnifying the Company against unfiled mechanic's and materialmen's liens. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. Note: Exception 5 will be deleted on the final policy if Commonwealth Title Company of Garfield County, Inc. closes the proposed transaction and records the applicable instruments of conveyance. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. Note: Exception 6 will read: "General taxes and assessments for the year 2014 and thereafter, not yet due and payable." on the final policy if Commonwealth Title Company of Garfield County, Inc. closes the proposed transaction. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded August 19, 1920 in Book 112 at Page 528. (view) 10. Easements and all matters shown on the Access and Utility Easement Plat recorded October 24, 2003 as Reception No. 639205. (view) 11. Easements and all matters shown on the Amended Tamburello North Exemption Plat recorded May 17, 2007 as Reception No. 723559. (view) 12. Easement declared in instrument recorded October 24, 2003 in Book 1531 at Page 675. (view) 13. Terms, conditions, easements and all matters set forth in Well Sharing Agreement recorded October 24, 2003 in Book 1531 at Page 677. (view) 14. Easement, the exact location of which is not defined, declared in instrument recorded January 21, 2004 in Book 1555 at Page 993. (view) 15. Terms and conditions of Oil and Gas Lease by and between Gregory J. Tamburello and Anne E. Tamburello, as Lessor and Apollo Energy, LLC, as Lessee, recorded June 10, 2005 in Book 1696 at Page 69 and any and all interests therein or assignments thereof. (view) 16. Access and utility Easement as described in instrument recorded January 4, 2007 in Book 1880 at Page 548. (view) (continued) File No. 1411033 SCHEDULE B - SECTION 2 17. Access and utility Easement as described in instrument recorded January 11, 2007 in Book 1883 at Page 550. (view) 18. Reservation of all oil, gas, mineral and mineral rights as described in Warranty Deed recorded January 4, 2007 in Book 1880 at Page 548, and any and all interests therein or assignments thereof. (view) 19. Reservation of all oil, gas, mineral and mineral rights as more fully described in Warranty Deed recorded May 21, 2007 in Book 1928 at Page 580, and any and all interests therein or assignments thereof. (view) 20. Terms and conditions of Oil and Gas Lease by and between Greg J. Tamburello and Anne E. Tamburello, as Lessor and Antero Resources Piceance Corporation, as Lessee, recorded January 30, 2009 as Reception No. 762445 and any and all interests therein or assignments thereof. (view) 21. Any loss, claim or damage due to the location of fences. (NOTE: This exception will appear on the Owner's Policy only) NOTE: EXCEPTION(S) 1, 2, 3 and 4 WILL NOT APPEAR IN THE OWNERS AND MORTGAGEE'S POLICY TO BE ISSUED HEREUNDER. The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B - Section 2, the following items: (1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales. NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. American Land Title Association Commitment Schedule B - Section 2 Form 1004-12 COMMONWEALTH TITLE COMPANY PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • • • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means. Information about your transactions with us, our affiliated companies, or others; and Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. 1111 rH'i DinahAil kyi, 11111 Reception#: 857704 12/29/2014 04:05:04 PM Jean Alberico 1 of 2 Rec Fee:$16.00 Doc Fee:9 20 GARFIELD COUNTY CO Recorded at o'clock M. Reception No. Recorder WARRANTY DEED THIS DEED, made on December 29, 2014 Between Ronald L. Byrd Jr. and Shirley S. Byrd of the County of Garfield, and State of CO, grantor, and Kevin L. Herrman and Kandy J. Herrman as Joint Tenants whose legal address is : 250 County Road 127 #19, Glenwood Springs, CO, 81601 of the County of Garfield and State of CO, grantee: WITNESSETH, That the grantor for and in consideration of the sum of $92,000.00 DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: See Attached Exhibit "A" as known by street and number as: TBD Deer Run Trail Rifle CO TOGETHER. with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand 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 personal representatives, 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 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 and subject to general taxes and assessments for the year 2014 and subsequent years and all those specific exceptions described by reference to recorded documents as reflected in Commonwealth Title Company's Commitment No.1411033 accepted by Grantee(s) in accordance with Section 8.1 (Record Title Matters) of the Contract to Buy and Sell Real Estate relating to the above referenced property; distribution utility easements (including, cable TV); those specifically described rights of third parties not shown by the public records of which Grantee(s) has actual knowledge and which were accepted by Grantee(s) in accordance with Section 8.2 (Off -Record Title Matters) and Section 9 (Current Survey Review) of the Contract to Buy and Sell Real Estate relating to the above described real property; inclusion of the Property within any special taxing district; 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 W REOF the grantor has xecuted this deed on the date set forth above. Ronald L. Byrd Jr. STATE OF COLORADO COUNTY OF GARFIELD } ) ss. } g)452#2?LC. Shirley S. Byrd The foregoing instrument was acknowledged before me on December 29, 2014, by Ronald L. Byrd Jr. and Shirley S. Byrd. W TNESS my hand and official seal My commission expires: Commonwealth File No. 1411033 Return to: Kevin L. Herrman and Kandy J. Herrman 250 County Road 127 519 Glenwood Springs CO 91601 CONNIE ROSE ROBERTSON N ti NOTARY PUBLIC STATE OF COLORADO MY COMMISSION EXPIRES 11/9/2015 ti Notary Public 1322 Grand Avenue Glenwood Springs, CO 81601 Reception#: 857704 12/29/2014 04:05:04 PM Jean Rlberico 2 of 2 Rec Fee:$16.00 Doc Fee:9.20 GARFIELD COUNTY GO EXHHIIT "A" TRACT 2 (AMENDED) A TRACT OF LAND SITUATE IN THE SE1 /4NE1 /4 SECTION 2, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER SAID SECTION 2, AN ALUMINUM CAP L.S. NO. 10871 IN PLACE; THENCE S89°31'43"W ALONG THE SOUTHERLY LINE OF SAID SE1/4NE1/4 A DISTANCE OF 734.45 FEET TO A REBAR AND CAP L.S. NO. 3 65 72 IN PLACE THE TRUE POINT 0 BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S89°31'43 "W 585.06 FEET TO THE EAST CENTER 1/16 CORNER SAID SECTION 2, AN ALUMINUM CAP L.S. NO. 15710 IN PLACE; THENCE; N00°29'12"W ALONG THE WESTERLY LINE OF SAID SE1/4NE1/4 A DISTANCE OF 521.25 FEET TO A REBAR AND CAP L.S. NO. 31143 IN PLACE• THENCE LEAVING SAID WESTERLY LINE N74°37'38"E 528.83 FEET TO A REBAR AND CAP L.S. NO. 31143 IN PLACE; THENCE N89°35'40"E 73.82 FEET TO A REBAR AND CAP L.S. NO.36572 IN PLACE; THENCE S00 °30'02 "E 657.16 FEET TO THE TRUE POINT OF BEGINNING, SUBJECT TO AND TOGETHER WITH A 60 FOOT WIDE ACCESS AND UTILITY EASEMENT FROM COUNTY ROAD NO. 210 ACROSS THE N1/2SE1/4 OF SECTION 2 AND ACROSS TRACT 1 AND TRACT 2 OF THE TAMBURELLO NORTH EXEMPTION AS SHOWN HEREON. Also known as Tract 2 (Amended), as shown on the Tamburello North Exemption Amended Plat recorded May 17, 2007 as Reception No. 723559. April 15, 2015 Garfield County Attn: Dave Pesnichak Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Application for Final Plat Amendment — Tamburello North Exemption Dear Dave: We, Kevin and Kandy Herrman authorize Julie S. Hanson, of Beattie, Chadwick & 1=loupt. LLP, to act on our behalf with regard to a request for approval of a Final Plat Amendment for the Tamburello North Exemption in Garfield County, Colorado. Sincerely yours, Kevin L Herrman K Indy J.\I-lerrman / ! h I .11 e��•tk e` l } A Ft Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") Kevin L and Kandy J. Herrman agree as follows: 1. The Applicant has submitted to the County an application for the following Project: Tabmurello North Exemption - Amended Plat 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the 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. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant 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, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application; Billing Contact Person: Kandy Herrman Phone: Billing Contact Address: 250 County Road 127 #19 City: Glenwood Springs state: CO Zip Code: 81601 Billing Contact remail; advantagebuilders@comcast.net 970 945-7193 Printod Name of Person Authorized to Sign: Kandy Herrman (Signature) (Date) Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 811601 (970) 945-8212 AI wor.garlield-counttv.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2177-021-00-539 DATE: January 14, 2015 PROJECT: Tamburello North Exemption —Amended Plat OWNERS/APPLICANT: Kevin Herman REPRESENTATIVE: Kevin Herman PRACTICAL LOCATION: TAMBURELLO NORTH EXEMPTION TRACT 2 ZONING: Rural TYPE OF APPLICATION: Final Plat Amendment I. GENERAL PROJECT DESCRIPTION The applicant is requesting to adjust the building envelope. The parcel was originally created in 2002 as part of the Tamburello North Exemption. Tract 2 was subsequently amended in 2007 (Reception Number 723559) which shrank the building envelope and moved the east property line. The overall size of the property was also reduced from 9.169 acres to 8.028 acres. The existing building envelope is currently 1.008 acres. The Applicant wishes to amend the building envelope as it exists today to approximately as it was originally approved in 2002 (2.013 acres). This would allow the construction of a house on the south side of the access road. The building envelopes were originally located in areas that do not exceed a 25% grade. The Plat contains a note that states "'Slopes exceeding 25% shall be restricted from development". Both the original plat and amended plat have shaded areas that are restricted from development due to slopes that exceed 25%. As a result, any amendments to the building envelope will need to confirm that no slopes in excess of 25% are proposed within the envelope area. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS • Garfield County Comprehensive Plan 2030 • Garfield County Land Use and Development Code, effective July 15, 2013 • Amended Final Plat (5-305), following Administrative Review (Section 4-103) • Table 4-102, Common Review Procedures and Required Notice; • Table 5-401, Application Submittal Requirements III. REVIEW PROCESS • The review process shall follow the steps as contained in Section 5-305 (See attached flow chart). SUBMITTAL REQUIREMENTS Please refer directly to Table 4-201 and the list of General Application Materials in section 4-203.B. These application materials are generally summarized below: ■ Application Form ■ Ownership Documentation (deed) for both lots and title information indicating if there are any lien holders ■ Statement of Authority or Letter of Authorization, as necessary ■ Fee Payment and Payment Agreement Form (attached) ■ Pre -Application Conference Summary ■ Names and addresses of all property owners within 200 feet of project site and all mineral owners of the subject parcels (see attached memo) ■ Vicinity Map (8.5 x 11) ■ Improvements Agreement (may be waived upon request) ■ Final Plat—Section 5-402(f) and applicable certificates (See attached) o Plat should include confirmation that the building envelope will not encroach on areas with slopes of 25% or greater o A plat note should be added stating that "Except as stated or shown hereon, all plat notes and easements shown on the original Tamburello North Exemption Plat, Reception Number 639205, and Tamburello North Exemption Amended Plat, Reception Number 723559, are incorporated hereon by reference" ■ Code, Covenants, Restrictions, if applicable Submit three paper copies and one CD for both applications. Additional copies will be requested upon determination of completeness. See the land use code for additional information on submittal requirements. IV. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: X None (Director's Decision) Planning Commission Board of County Commissioners Board of Adjustment 2 c. Referral Agencies: May include Garfield County Road and Bridge Department, Fire Protection District, Garfield County Designated Engineer, and State of Colorado. V. APPLICATION REVIEW FEES a. Planning Review Fees: $ 100.00 b. Referral Agency Fees: $ TBD — consulting engineer/civil engineer fees c. Total Deposit: $ 100.00 (additional hours are billed at $40.50 /hour) General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. The case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review and makes a recommendation of approval, approval with conditions, or denial to the Director of the Community Development Department, The Director's decision is subject to a 10 -day call-up period. The pre -application meeting summary is only valid for six (6) months from the date of the written summary. 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: David Pesnichak, AICP—Senior Planner Date 3 r'G . A. Section 4-103 Administrative Approximately 2 months if submittaI is complete Y Garfield C'oirrrthr Administrative Review Process (Section 4-103) Step 1: Pre -application Conference *May be waived by Director *Applicant has 6 months to submit application Step 2: Application Subrr+ittaf Slop 1: CI) trip It•tr7it'ss Review •10 business days to review •If incomplete, 60 days to remedy deficiencies Step41: Schedule Decision Date and Provide Notice *Mailed to adjacent property owners within 200 feet and mineral owners at least 15 days prior to decision date Step 5: Referral *21 day comment period Step 6; Evolution by Director Step 7; Director's Decision •Calf -up Period • within 10 days of Director's Decision *Applicant has 1 year t4 meet any conditions of approval 79 Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.Rarfield-countv.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION In _Minor Subdivision Major Subdivision ❑ Sketch 0 Preliminary Q Final Conservation Subdivision ❑ Yield CI Sketch ❑ Preliminary ❑ Final ❑ Time Extension O Preliminary PIan Amendment 0 Final Plat Amendment ❑ Common Interest Community Subdivision ❑ Public/County Road Split Exemption ❑ Rural Land Development Exemption INVOLVED PARTIES Owner/Applicant Name: Phone: (_,) Mailing Address: City: State: E -mall: Zip Code: Representative (Authorization Required) Name: Mailing Address: Phone: ( City: State: Zip Code: E-mail: PROJECT NAME AND LOCATION Project Name: Assessor's Parcel Number: Physical/Street Address; Legal Description: Zone District: Property Size (acres): Project Description Existing Use: Proposed Use (From Use Table 3-403): Description of Project: Proposed Development Area _ Land Use Type if of Lots # of Units Acreage Single Family Duplex Multi -Family Commercial Industri al Open Space Other Total Parking REQUEST FOR WAIVERS Submission Requirements fl The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards 0 The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. Signature of Property Owner Date OFFICIAL USE ONLY File Number Fee Paid: $ - - - 028 ■-1 ■ 404 008 004 NativeSprings 009 003 007 022 021 145 x';292 [i 11$9 239 1.233 225 526 023 020 88 00 028 019 538 2 7 221 307 404 067 233 306 231 230 229 120 001 540 a +1,10 83 I, 26 \_ 339 405 348 349 R s MH ( i0 6 Ac/Du) 350 347 351 006 005 506 541 352 092 423 42 353 f 01 238 524 089 525 292 I- 005 002 001 1 5131 515 514 007 00 028 Tybar Ranch 145 022 021 020 00 288 538 526 289 404 001 437 439 523 004 539 to e 540 + 263 it C alto 349 348 230 194 440 350 Turgoose Ranch 472 471 473 351 321 47 006 005 531 077 0 008 004 Native.Springs 009 003 329 28 506 092 541 423 42 352 493 353 010 238 524 089 2 32 243 31 `" 005 006 001 ,; 294 515 514 G 1,3N1y Yap vir I'(J 13.49/14se i1 uece rra..... wie+l17r . ear ' µr w.ax E ari'w'.0 '��iw.wri' E-- ..rax..xY ra TAMBURELLO NORTH EXEMPTION AMENDED PLAT A Parcel of Land Been9 the Sari 'WE 2/4 Section 2, Township 6 South, Range 93 West of the lith P. M., County of Garfetd, State of Colorado I - r n RAPHIe REACX f1.• l6 fy� 41.10001: Fffirrirmil �k.ne BI .w .�e7iaan PURA X017/ ...TM ':Yah .. marz . It lib nue•,, C7Wr-0I ti ! 5311' a d n li 4310, 113 1' Ii °ii :x11a 1 i l i �8�1'�' 43 an �� dta� l'� id z9 dpi - °z� a I l la 1 jird o ill! iiid � 3� 1 1 ; slij ;II _ ,o, 91ld 1,g III !l �. �t 1 Pik 1%011 iEi; III11 SII; 11 11 ;gar 41 IE'a rept IP° 4i" ;°g gil m" °a3c3'p1ir dpi}A r 4E° 41]0 t` i id p � Q g p pgq n ii �j j ' d iiii iiebi�'i } !? d 91 i Sidi iidil fl a4a! !l aj a 4 1 ti -- — NAT Js. lei !� ' yf 41 \ \ �* f�f � 3 1 1!1. ) MEE IEEE EEE aha r w ca:w'rr . MO' 11.11'&J . C. Gaield County MEMORANDUM TO: Staff FROM: County Attorney's Office DATE: June 24, 2014 RE: Mineral Interest Research Mineral interests may be severed from surface right interests in real property, Colorado revised statute 24-65.5-103 requires notification to mineral owners when a landowner applies for a land use designation by a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4- 101(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." It is the duty of the applicant to notify mineral interest owners. The following is a suggested process to research mineral interests: 1. Review the current ownership deed for the property (Le. Warranty Deed, Special Warranty, Quit Claim Deed or Bargain and Sale Deed—NOT a Deed of Trust). The ownership deed is usually one or two pages. Is there a reservation of mineral interests on the ownership deed? Are there any exceptions to title? A deed may include a list of reservations that reference mineral owners or oil and gas leases. 2. Review your title insurance policy. Are there exceptions to title listed under Schedule B - I1? If so, review for mineral interests that were reserved and oil and gas leases. 3. Check with the Assessor's office to determine if a mineral interest has been reserved from the subject property. The Assessor's office no longer documents the mineral reservation ownership for its tax roll records unless ownership has been proven. There are only a limited number of mineral owners who have provided such information to the Assessor's office so this may not provide any information, depending on your property. MEMO June 24, 2014 Page 2 4. Research the legal description of the subject property with the Clerk and Recorder's computer. You can search the Section, Township, and Range of the subject property. You may find deeds for mineral interests for the subject property. 5. Research whether a Notice of Mineral Estate Ownership was filed for the subject property. On the Clerk and Recorder's computer, search under Filter (on the right hand side of the screen), General Recordings, Notice of Mineral Estate Ownership for the subject property. 6. If you find mineral interest owners as reservations on your deed, listed in your title insurance policy, from the Assessor's records or the Clerk and Recorder's computer, you need to determine whether these mineral interests were transferred by deed and recorded in the Clerk and Recorder's office. 7. Enter the name of the mineral interest owner as the Grantor in the Clerk and Recorder's computer to see if the mineral interest was transferred. If you find a transfer deed, you need to repeat this process to follow any transfer of the mineral interest to present day. 8. Include a description of your research process in your application and the name(s) and address(es) of the current mineral interest owner(s). Mineral interest research can be a difficult and time consuming process. If you are unable to determine mineral rights ownership by yourself, consider hiring an attorney or landman. Attorneys and landmen specialize in determining mineral rights ownership, but they charge a fee for their services. C 1. All information as_required in the Preliminary Plan Map; and 2. Any modifications, additions or deletions as required by the BOCC. F.F ni a I Plate FinatP a wall be sof an engineer's scale. Final Plat shall be prepared in a dear and legible manner on reproducible film stock measuring 24 inch by 36 inch with clear margins of 2 inches on the left-hand side and 'A inch on the remaining sides. The Final Plat shall contain the following information, as well as any additional information as required by the Director and/or BOCC, in a format prescribed by the County: 1. Name and address of the property owner(s) and mineral owner(s) of record of the land being platted. 2. Name, address, and seal of the certifying registered land surveyor preparing the Final Plat. 3. Legal description and area of the property. 4. Vicinity Map. 5. Location and full description of all monuments as required by this Code and by C.R.S., Title 38, Article 51: a. Permanent monuments shall be set on the external boundary of the Subdivision pursuant to C.R.S. § 38-51-101; b. Block and lot monuments shall be set pursuant to C.R.S. § 38-51- 101; and c. Information adequate to locate all monuments shall be noted on the Plat_ 6. Boundary lines, corner pins, and dimensions of the subject parcel(s), including land survey data to identify the subject parcel by section corners, distance and bearing to these corners, quarter corner, township, and range. 7. The lengths of all arcs, radii and tangents. Sufficient data shall be shown for all curved lines on the Plat to enable reestablishment of the curves in the field. 8. Lot location and layout: a. All lots and blocks shall be numbered consecutively; and b. The dimensions of all lots and the area of each lot shown to 2 decimal places. 9. Name, location, and width of rights-of-way, including those intersecting or paralleling the Plat boundaries within 200 feet. 10. Name and map number of any bordering Subdivisions within 200 feet of the boundaries of the Plat. 11. Municipal limits within 200 feet of the boundaries of the Plat, 12. Location, width, purpose, and owners of all easements. A Plat note may be necessary to provide complete information regarding the purpose of the easement. Maintenance easements shall be provided for ditches as required in section 7-201.E.3. 13. Location, area, and means of access of all property to be reserved and/or dedicated, with the means of access to such property clearly shown and its intended uses noted. 14. A legally acceptable land description and dedication block placed on the Plat by the Applicant dedicating streets, rights-of-way, public sites, and other such features. The transfer to the County of dedicated land shall take GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 5-21 place by a legally acceptable instrument prior to or concurrent with Final Plat acceptance, but before recording of the Final Plat. 15. All lands within the boundary of the Subdivision shall be accounted for as a lot, tract, parcel, Open Space, street, right-of-way, Alley, and so forth, and all areas of such lands shall be shown on the plat to the nearest 100th of an acre. 16. Any protective covenants/restrictions shall be noted on the Plat or, if protective covenants/restrictions are recorded, the book and page of these recorded documents shall be shown on the Plat prior to the Plat being recorded. 17. Ali required Plat notes, exemptions, contracts, and any additional notes, Building Envelopes or other information as required by the County. 18. Executed certificates, notices, and statements. as required by the County G. Open Space Plan Map. 1, Open Space Plan Map. The Open Space Plan Maps shall be scaled at 1 inch equals 200 feet, and shall include of the following elements: a. Residential lot layout, roadways, and site access; b. Delineation of Open Space areas; c. Trails and structures located within the Open Space areas; and d. Existing and planned Open Space on adjacent property. 2, Open Space Management Plan. The Open Space Management Plan shall include the following elements. All Open Space shall be platted as part of the first Final Plat. a. Ownership and responsibility for management of the Open Space. The owner may place a perpetual Conservation Easement on the Open Space and deed that easement to a qualified conservation organization. In all cases, ownership shall be deeded to the finally controlling entity at the time of Final Plat. b. Details for maintenance of the Open Space, including noxious weed control. c. Responsibility for the cost of maintenance of the Open Space. d. Uses allowed within the Open Space. e. Stipulations preserving the designated Open Space and maintenance of the Open Space in the event of future amendments to the approved land use. H. Visual Analysis. 1. Visual Analysis With Sketch Plan. Within the Sketch Plan Review application, the Applicant shall submit an initial investigation of potential visual impacts and mitigation techniques, containing the following materials: a. Map. A rnap of the property that depicts the general location of ridgeline areas in relationship to development areas. b. Written Statement. A brief written statement describing, in a general manner, where the development is proposed to be located in relation to the ridgeline areas and the design elements that will be used to mitigate visual impacts. 2. Visual Analysis With Preliminary Plan. Within the Preliminary Plan Review GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 5-22 11 , ! i -c Amended Final Plat /.� 41 / County Commissioner's Certificate Based upon the review and recommendation of Garfield County Director of Community Development, the Board of County Commissioners of Garfield County, Colorado, hereby approves this Amended [Exemption] Plat this day of , AD., 20=, for filing with the Clerk and Recorder of Garfield County and for conveyance to the County of the public dedications shown hereon, subject to the provisions that approval in no way obligates Garfield County for the financing or construction of improvements on lands, public roads, highways or easements dedicated to the public, except as specifically agreed to by the Board of County Commissioners by subsequent resolution. This approval shall in no way obligate Garfield County for the construction, repair or maintenance of public roads, highways or any other public dedications shown hereon. Chairman, Board of County Commissioners Garfield County, Colorado Witness my hand and seal of the County of Garfield. ATTEST. County Clerk Certificate of Dedication and Ownership The undersigned _ , being sole Owner(s) in fee simple of all that real property situated in Garfield County, described as follows: containing acres, more or less, has [have] caused the described real property to be surveyed, laid out, platted and subdivided into lots and blocks as shown on this [Exemption] Plat under the name and style of , a subdivision in the County of Garfield. The Owner(s) does) hereby dedicate and set apart ail of the streets and roads as shown on the accompanying Plat to the use of the public forever, and hereby dedicate(s) to the Public Utilities those portions of said real property which are labeled as utility easements on the accompanying Plat as perpetual easements for the installation and maintenance of utilities, irrigation and drainage facilities including, but not limited to, electric lines, gas lines and telephone lines, together with the right to trim interfering trees and brush, with perpetual right of ingress and egress for installation and maintenance of such lines. Such easement and rights shall be utilized in a reasonable and prudent manner. AR expense for street paving or improvements shall be furnished by the seller or purchaser, not by the County of Garfield. EXECUTED this day of , A.D., 20_. 27 Owner Address: STATE OF COLORADO ) COUNTY OF GARFIELD ) The foregoing Certificate of Dedication and Ownership was acknowledged before me this day of , A.D., 20_, by : ss My commission expires: Witness my hand and official seal. (SEAL) Notary Public Surveyor's Certificate I, , do hereby certify that I am a Professional Land Surveyor licensed under the laws of the State of Colorado, that this Plat i5 a true, correct and complete Plat of , as laid out, platted, dedicated and shown hereon, that such Plat was made from an accurate survey of said property by me, or under my supervision, and correctly shows the location and dimensions of the lots, easements and streets of as the same are staked upon the ground in compliance with applicable regulations governing the subdivision of land. In witness whereof, I have set my hand and seal this day of , A.D,, 20 . Professional Land Surveyor Clerk and Recorder's Certificate This Plat was filed for record in the Office of the Clerk and Recorder of Garfield County, Colorado, at o'clock - on this day of , 20_, and is duly recorded as Reception No. By Clerk and Recorder Deputy 28 County Surveyor's Certificate Approved for content and form only and not the accuracy of surveys, calculations or drafting, pursuant to C.R.S. § 38-51-101 and 102, etseq, DATED this day of . A.D., 20 . Garfield County Surveyor Title Certificate I, , an attorney licensed to practice law in the State of Colorado, or agent authorized by a title insurance company, do hereby certify that I have examined the Title to all lands shown upon this Plat and that Title to such lands is vested in , free and clear of all liens and encumbrances (including mortgages, deeds of trust, judgments, easements, contracts and agreements of record affecting the real property in this Plat), except as follows: DATED this day of , A.D., 20_. OR TITLE COMPANY: Agent Attorney Colorado Attorney Registration No. Certificate of Taxes Paid I, the undersigned, do hereby certify that the entire amount of taxes and assessments due and payable as of , upon all parcels of real estate described on this Plat are paid in full. DATED this day of , A.D., 20 . Treasurer of Garfield County 29 Other Plat Certificates To Be Used, As Necessary Lienholder Consent, Subordination and Release as to Public Rights -of -Way (No Exception Needed in Title Certificate) , as the Beneficiary under Deed(s) of Trust granted by the Owner(s) upon the reap property platted and divided as shown upon the within [Exemption] Plat, certifies that the undersigned has reviewed the [Exemption] Plat and by this certification hereby joins in and consents to said Subdivision [Exemption] Plat and to the recording thereof, Beneficiary agrees that any foreclosure of said Deed(s) of Trust shall not adversely affect the existence and continued validity of the [Exemption] Plat, which shall run with the land and remain in full force and effect as if this [Exemption] Plat had been delivered and recorded prior to the recording of said Deed(s) of Trust, Without limiting the generality of the foregoing, the public right(s)-of-way depicted an the [Exemption] Plat are dedicated by the Owner(s) hereon, free and clear of any interest in the Beneficiary. Notwithstanding such consent and subordination and release as to public rights-of-way, said real property, other than the public right(s)-of-way dedicated hereon, shall continue to be encumbered by the Deed(s) of Trust unless released in accordance with law. EXECUTED this day of , A,D„ 20 STATE OF COLORADO ) ss COUNTY OF GARFIELD ) Lienholder The foregoing Lienholder Consent, Subordination and Release as to Public Rights -of -Way was acknowledged before me this day of A.D., 20_, by My commission expires: Witness my hand and official seal. (SEAL) Notary Public Lienholder Consent and Subordination (Exception Needed in Title Certificate) The undersigned, being the Beneficiary under a Deed of Trust granted by the Owner(s) upon the real property platted and divided as shown upon the within [Exemption] Plat, certifies that the undersigned has reviewed the [Exemption] Plat and by this certification hereby consents to said [Exemption] Plat and to the recording thereof. Beneficiary further consents to said [Exemption] Plat as stated in the certificate of dedication and ownership executed by the Owner(s) hereon, and hereby subordinates any interest that Beneficiary may have in and to the property subject to such dedication, to the entity(ies) or the general public to which such dedication is made. EXECUTED this day of , A.D., 20_. T Is 14'7 - s''le . ❑ ffirsAff l. 2 ',.T.. Z /../ -3 1 brViri ^ L------- ..--- ---- , ."--.., ,;------- -- — ,.... ,,s I, .._ k.- -,..-F-4-- -4,3,.• N... ...___ ____ _ 4." ,'" 15 — , -ri z---. , ., ii—r- / / / \ \ -t' \ \ iii /k /<';';':"--t.:tit-/--21 :',' ''' \\n\i„ -.‘,1''',./: .,''; / 1/ 't, ' '',„ •... ii Y. 1 a \ ii,. _ \ ..-- -, _ hi, _ -• ,.. 1 \ / -11 ' k 1 :3420 \ \ 33 '. ,1171,f -g A Parcel No. 2177-022-05-028 ADJACENT NEIGHBORS Danciger Special Power of Appointment 18208 Preston Rd, Suite D9 PMB 298 Dallas, TX 75252 Parcel No. 2177-024-00-194 Donald G. Perau 200 Deer Run Trail Rifle, CO 81650 Parcel No. 2177-024-00-230 Jesus and Alicia Mendoza Prado 1743 County Road 210 Rifle, CO 81650 Parcel No. 2177-021-00-538 Marsha K. Walling 124 Paddock Drive Greer, SC 29650 Parcel No. 2177-021-00-540 Douglas H. and Bonita A. Nielsen 757 Deer Run Trail Rifle, CO 81650 MINERAL OWNERS Greg J. and Anne E. Tamburello 362 Panoramic Drive Silt, CO 81652 1111K Iniarl1411,14!,WIVNIrlietrigiliMilii 11111 Reeept s onit : 723781 05121/2007 03:52:58 PN B: 1928 P: 0580 Jean Plberico 1 of 2 Rec Fee:$11.00 Doc Fee 18.99 GPRFIELD COUNTY CO Recorded at o'clock M. Reception No. Recorder. WARRANTY DEED THIS DEED, made this 13th day of April, 2007 Between GREG J. TAMBURELLO AND ANNE E. TAMBURELLO of the * County of Garfield, and State of CO, grantor, and BERNIE COLONNA AND PATRICIA COLONNA, As joint tenants with full rights of survivorship whose legal address is : P.O. Box 1968, Rifle, CO, 81650 of the County of Garfield and State of CO, grantee: WITNESSETH, That the grantor for and in consideration of the sum of 5189,900.00 DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: RESERVING UNTO THE GRANTORS ALL OIL, GAS, MINERAL AND MINERAL RIGHTS IN THE FOLLOWING DESCRIBED PROPERTY ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "A": as known by street and number as: TBD County Road 210 Rifle CO TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand 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 personal representatives, 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 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 2007 and subsequent years and all those specific exceptions described by reference to recorded documents as reflected in Commonwealth Title Company's Commitment No. 0703023-R 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 s' ' _ular, and the use of gender shall be applicable to all ge . . er:. WITNESS REO j e : t' tor has executed this deed on the date set fort i . bo STATE OF COLORADO ) ss. COUNTY OF GARFIELD nne E. Tamburello The foregoing instrument was acknowledged before me on April 13, 2007, by Greg J. Tamburello and Anne E. Tamburello. My commission expires: Commonwealth File No.0703023-R Returnm: COW Ni4A P.o • Bos. \044,1. iksp+ _ Co \4..5p WITNESS my hand and official eal 1 East 5 ' Street Ri e, 1650 o. Pu.tc JANET L. HUBBELL NOTARY PUBLIC STATE OF COLORADO My Commission Expires 04/08/08 File No. 0703023-R TRACT 2 (AMENDED) 1111 ! I!I 14PeI0:14&lr Nid 11111 Reception 723781 05/2112007 03:52'58 PM 8: 1928 P: 0581 Jean Rlberico 2 of 2 Rec Fee:$11.00 Doc Fee:18.99 GARFIELD COUNTY CO EXHIBIT "A" A TRACT OF LAND SITUATE IN THE SE1/4NE1/4 SECTION 2, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID TRACT FIRING MORE PARTICULARLY DESCRIBED AS For LOWS: COMMENCING AT THE EAST QUARTER CORNER SAID SECTION 2, AN ALUMINUM CAP L.S. NO. 10871 IN PLACE; THENCE S89°31'43"W ALONG THE SOUTHERLY LINE OF SAID SE1/4NE1/4 A DISTANCE OF 734.45 FEET TO A REBAR AND CAP L.S. NO. 36572 IN PLACE THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S89°31'43"W 585.06 FEET TO THE EAST CENTER 1/16 CORNER SAID SECTION 2, AN ALUMINUM CAP L.S. NO. 15710 IN PLACE; THENCE; N00°29'12"W ALONG THE WESTERLY LINE OF SAID SE1/4NEI/4 A DISTANCE OF 521.25 FEET TO A REBAR AND CAP L.S. NO. 31143 IN PLACE; THENCE LEAVING SAID WESTERLY LINE N74°37'38"E 528.83 FEET TO A REBAR AND CAP L.S. NO. 31143 IN PLACE; THENCE N89°35'40"E 73.82 FEET TO A REBAR AND CAP L.S. NO.36572 IN PLACE; THENCE S00°30'02"E 657.16 FEET TO THE TRUE POINT OF BEGINNING. SUBJECT TO AND TOGETHER WITH A 60 FOOT WIDE ACCESS AND UTILITY EASEMENT FROM COUNTY ROAD NO. 210 ACROSS THE N1/2SE1/4 OF SECTION 2 AND ACROSS TRACT 1 AND TRACT 2 OF THE TAMBURELLO NORTH EXEMPTION AS SHOWN HEREON. Also known as Tract 2 (Amended), as shown on the Tamburello North Exemption Amended Plat recorded May 17, 2007 as Reception No. 723559. Together with any and all water and water rights, ditches and ditch rights of way that are appurtenant to subject porperty; title to which is not included in the warranties contained herein; 1/3 interest in Well Permit No. 231203 VICINITY MAP 136 East Third Street Rifle, Colorado 81650 Ph. (970) 625-1330 Fax (970) 625-2773 ,. . BOO CUFF Survey Services, Inc. Kevin & Kandy Her mean 250 CR 217, #19 Glenwood Springs, CO 81601 TRACT 2 TAMBURELLO NORTH DATE: 04/09/ 15 SHEET: 1 OF 1 PROJECT: 15015-01 DFD TL Vicinity Map Scale: 1"= 1000' PLAT NOTES 1. ONE (1) DOG WILL BE ALLOWED FOR EACH RESIDENTIAL UNIT AND THE DOG SHALL BE REQUIRED TO BE CONFINED WITHIN THE OWNERS PROPERTY BOUNDARIES. 2. NO OPEN HEARTH SOLID -FUEL FIREPLACES WILL BE ALLOWED ANYWHERE WITHIN AN EXEMPTION. ONE (1) NEW SOLID -FUEL STOVE AS DEFINED BY C.R.S. 25-7-40, ET. SEW., AND THE REGULATIONS PROMULGATED THEREUNDER, WILL BE ALLOWED IN ANY DWELLING UNIT. ALL DWELLING UNITS WILL BE ALLOWED AN UNRESTRICTED NUMBER OF NATURAL GAS BURNING STOVES AND APPLIANCES. 3. ALL EXTERIOR LIGHTING SHALL BE THE MINIMUM AMOUNT NECESSARY. ALL EXTERIOR LIGHTING WILL BE DIRECTED INWARD AND DOWNWARD, TOWARDS THE INTERIOR OF THE LOTS, EXCEPT THAT PROVISIONS MAY BE MADE TO ALLOW FOR SAFETY LIGHTING THAT GOES BEYOND THE PROPERTY BOUNDARIES. 4, NO FURTHER DIVISIONS BY EXEMPTION FROM THE RULES OF SUBDIVISION WILL BE ALLOWED. 5, SLOPES EXCEEDING 25% SHALL BE RESTRICTED FROM DEVELOPMENT, AREAS OF DISTURBANCE SHALL BE REVEGETATED WITH APPROPRIATE, RAPIDLY ESTABLISHED VEGETATION. DEVELOPMENT ON MODERATE SLOPES (16-24%) SHALL BE DESIGNED TO FIT THE CONTOURS, WITHOUT ANY LEVELING OR BENCHING. CUT AND FILL AREAS SHALL BE KEPT 1N BALANCE AND TO A MINUMIM. THE EXISTING NATURAL DRAINAGE SYSTEM SHALL BE UTILIZED TO THE FULLEST EXTENT POSSIBLE WITH DISTURBANCE OF NATURAL DRAINAGE COURSES MINIMIZED. DISTURBANCE OF THE EXISTING VEGETATIVE COVER SHALL BE MINIMIZED. 6. VEGETATION SHALL BE REMOVED FROM NEAR ANY STRUCTURED INORDER TO PROVIDE A SAFE ZONE IN THE EVENT OFA WILD LAND FIRE. WHEN CONSTRUCTING ACCESS ROADWAYS INTO THE PARCELS, CONSIDERATION SHALL BE GIVEN TO THE WEIGHTS AND TURNING RADIUS' OF EMERGENCY APPARATUS 70 PERMIT ACCESS DURING ADVERSE WEATHER CONDITIONS. ADDRESSES OF THE INDIVIDUAL PROPERTIES SHALL BE POSTED WHERE THE DRIVEWAY INTERSECTS THE COUNTY ROAD AND ON THE INDIVIDUAL RESIDENCES IF SHARED DRIVEWAYS ARE USED. LETTERS SHALL BE A MINIMUM OF 4 INCHES IN HEIGHT, 1/2 INCH IN WIDTH, AND CONTRACT WITH BACKGROUND COLORS. THE RIFLE FIRE PROTECTION DISTRICT REQUESTS TO BE CONTACTED AT THE TIME OF CONSTRUCTION OF THE STRUCTURES FOR FINAL APPROVAL AND WATER SUPPLY. 7. FOUNDATIONS AND INDIVIDUAL SEWAGE DISPOSAL SYSTEMS SHALL BE ENGINEERED BYA PROFESSIONAL REGISTERED ENGINEER WITHIN THE STATE OF COLORADO. 8. COLORADO ISA "RIGHT -TO -FARM" STATE PURSUANT TO C.R.S. 35-3-I01 ET, SEQ. LANDOWNERS, RESIDENTS AND VISITORS MUST BE PREPARED TO ACCEPT THE ACTIVITIES, SIGHTS, SOUNDS AND SMELLS OF GARFIELD COUNTY'S AGRICULTURAL OPERATIONS AS A NORMAL AND NECESSARY ASPECT OF LIVING INA COUNTY WITH A STRONG RURAL CHARACTER AND A HEALTHY RANCHING SECTOR. ALL MUST BE PREPARED TO ENCOUNTER NOISES, ODOR, LIGHTS, MUD, DUST, SMOKE, CHEMICALS, MACHINERY ON PUBLIC ROADS, LIVESTOCK ON PUBLIC ROADS, STORAGE AND DISPOSAL OF MANURE, AND THE APPLICATION BY SPRAYING OR OTHERWISE OF CHEMICAL FERTILIZERS, SOIL AMENDMENTS, HERBICIDES, AND PESTICIDES, ANY ONE OR MORE OF WHICH MAY NATURALLY OCCUR AS A PART OF A LEGAL AND NON -NEGLIGENT AGRICULTURAL OPERATION. 9. ALL OWNERS OF LAND, WHETHER RANCH OR RESIDENCE, HAVE OBLIGATIONS UNDER STATE LAW AND COUNTY REGULATION WITH REGARD TO THE MAINTENANCE OF FENCES AND IRRIGATION DITCHES, CONTROLLING WEEDS, KEEPING LIVESTOCK AND PETS UNDER CONTROL, USING PROPERTY IN ACCORDANCE WITH ZONING, AND OTHER ASPECTS OF USING AND MAINTAINING PROPERTY. RESIDENTS AND LANDOWNERS ARE ENCOURAGED TO LEARN ABOUT THESE RIGHTS AND RESPONSIBILITIES AND ACT AS GOOD NEIGHBORS AND CITIZENS OF THE COUNTY. A GOOD INTRODUCTORY SOURCE FOR SUCH INFORMATION IS "A GUIDE TO RURAL LIVING & SMALL SCALE AGRICULTURE" PUT OUT BY THE COLORADO STATE UNIVERSITY EXTENSION OFFICE IN GARFIELD COUNTY. TITLE CERTIFICATE !, AN AGENT AUTHORIZED BYA TI'T'LE INSURANCE COMPANY, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS PLAT AND THAT TITLE TO SUCH LANDS IS VESTED IN FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES (INCLUDING MORTGAGES, DEEDS OF TRUST, JUDGEMENTS, EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT), EXCEPT AS FOLLOWS; DATED TH1S DAY OF A.D. 2015. TITLE COMPANY: AGENT SURVEYOR NOTES 1.) DATE OF SURVEY WAS MARCH 3, 2015. 2.) BASIS OF BEARINGS FOR 27-1I5 SURVEY ISA BEARING OF N89°31'43 "E BETWEEN THE EAST CENTER 1/16 CORNER OF SECTION 2, AN ALUMINUM CAP LS NO. 15710 IN PLACE AND THE EAST 1/4 CORNER OF SECTION 2, AN ALUMINUM CAP LS NO. 10871 IN PLACE. 3.) THE PURPOSE OF THIS SECOND AMENDED PLAT IS TO RELOCATE THE BUILDING ENVELOPE FOR TRACT 2 AND TO DEMONSTRATE THE SLOPE WITHIN THE AMENDED BUILDING ENVELOPE IS LESS THAN 25%. 4.) THIS SURVEY IS BASED ON THE TAMBURELLO NORTH EXEMPTION PLAT RECORDED OCTOBER 24, 2003 AS RECEPTION NO. 639205, THE TAMBURELLO NORTH EXEMPTION AMENDED PLAT RECORDED MAY 17, 2007 AS RECEPTION NO, 723559, TITLE COMMITMENT FILE NO. 1411033 DATED NOVEMBER I9, 2014 PREPARE BY COMMONWEALTH TITLE COMPANY OF GARFIELD COUNTY, INC., DOCUMENTS OF RECORD AND MONUMENTS FOUND IN PLACE AS INDICATED HEREON. 5.) THE LINEAL UNIT USED IN THE PREPARATION OF THIS PLAT IS THE U.S. SURVEY FOOT AS DEFINED BY THE UNITED STATES DEPARTMENT OF COMMERCE, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. 6.) ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. Seconded Amended Final Plat TRACT 2, TAMBURELLO NORTH EXEMPTION A Parcel of Land situate in the SEI/4 of the NE1/4 of Section 2, Township 6 South, Range 93 West of the 6th P.M. County of Garfield, State of Colorado LINE BEARING DISTANCE LI N 10°33'34" W 143.13' L2 N77°05'51"E 99.97' L3 N70°35'39"E 54.47' 1.4 N 62°46'19" E 95.19' L5 N55°31'17"E 60.56' L6 N89°31'43"E 81.69' L7 5 09°14'45" E 41.63' 1,8 S 65°54'14" W 34.78' L9 S 44°20'53" W 198.59' L10 S 07°43'59"E 36.06' L11 S 85°05'35" W 80.76' L12 N 80°53'54" W 84.29' L13 N 00°30'02" W 106.17' CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE Cl 170.00' 41.56' 41.46' N 87°54'10" W 14°00'30' #5Rebarand 1-1/4" 1 Plastic Cap LS No. 36572 Set in Place 1,7 N 00029'12" W East Center 1/16 Corner Section 2 An Aluminum Cap LS No. 15710 in Place // L / / / S 7`k°311 38.' lily 86wQ erlifie 639205 Ease -MOO 20.0' � Reception I 60.0' SURVEYOR'S CERTIFICATE / / / / / la 8 s30°a 580 Y / 528- / I � i / / — / / #5 Rebar and I-1/4" Plastic Cap LS No. 36572 Set in Place 60.0' Access & Utility Easement Reception No. 639205 Tract 2 8.028 Acres+ 1 / S 89°35'40" W _ Building Envelope 1.000 Acres ± Reception No. 723559 Cl 73.82' ¶Rebarand Cap LS No. 36572 Site Benchmark Elevation - 5606.6' M nZO,O£o00 N 0 50 100 150 SCALE: 1"--50' CERTIFICATE OF DEDICATION AND OWNERSHIP THE UNDERSIGNED KEVIN L. AND KANDY J. HERRMAN, BEING SOLE OWNERS IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN GARFIELD COUNTY, DESCRIBED AS FOLLOWS: A TRACT OF LAND SITUATE IN THE SEI/ 4NE1/4 SECTION 2, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER SAID SECTION 2, AN ALUMINUM CAP L.S. NO. 10871 IN PLACE; THENCE S89 °31 '43 "W ALONG THE SOUTHERLY LINE OF SAID SEI / 4NEI / 4 A DISTANCE OF 734.45 FEET TO A REBAR AND CAP L.S. NO. 36572 IN PLACE THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE 289°31'43"W 585.06 FEET TO THE EAST CENTER I/16 CORNER SAID SECTION 2, AN ALUMINUM CAP L.S. NO. 15710 IN PLACE; THENCE; N00 °29'12"W ALONG THE WESTERLY LINE OF SAID SET/ 4NEI/4 A DISTANCE OF 521.25 FEET TO A REBAR AND CAP L.S. NO. 31143 IN PLACE; THENCE LEAVING SAID WESTERLY LINE N74°37'38"E 528.83 FEET TO A REBAR AND CAP L.S. NO. 31143 IN PLACE; THENCE N89°35'40'E 73.82 FEET TO A REBAR AND CAP L.S. N0.36572 IN PLACE; THENCE S00 °30'02 "E 657.16 FEET 70171E TRUE POINT OF BEGINNING. SUBJECT TO AND TOGETHER WITH A 60 FOOT WIDE ACCESS AND UTILITY EASEMENT FROM COUNTY ROAD NO. 210 ACROSS THE NI/2SE1/4 OF SECTION 2 AND ACROSS TRACT 1 AND TRACT 2 OF THE TAMBURELLO NORTH EXEMPTION AS SHOWN HEREON. ALSO KNOWN AS TRACT 2 (AMENDED), AS SHOWN ON THE TAMBURELLO NORTH EXEMPTION AMENDED PLAT J RECORDED MAY 17, 2007 AS RECEPTION NO. 723559. 0" LI.2 Septic Lid I, MICHAEL J. LANGHORNE, DO HEREBY CERTIFY THAT I AMA PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS PL<. T ISA TRUE, CORRECT AND COMPLETE PLAT OF THE SECOND AMENDED FINAL PLAT TRACT 2, TAMBUREL 7 1'ORTH EXEMPTION, AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS .4'11E2 SROM AN ACCURATE SURVEY OF SAM PROPERTY BY ME, OR UNDER MY SUPERVISION, AND tOE'RE."'Li SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF THE SEC JN. ' . _ 'VI?NDED FINAL PLAT TRACT 2, TAMBURELLO NORTH EXEMPTIONS THE SAME ARE STAKED UPON THIS Gi:OL,VP .N COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND. IN WITNESS WHEREOF, I HAVE SET MI , IA`r!1 L) SEAL THIS DAY OF , A.D., 2015. MICHAEL J LANGHORNE, PLS kfrt v- 585.06' s- East 1/4 Corner Section 2 An Aluminum Cap LS No. 10871 in Place N 89°31'43" E #5 Rebar and #5Rebarand 1-1/4" Plastic Cap LS No. 36572 Set in Place Slope Analysis Color Range Begin D 0.00 ❑ 16.01 • 25.01 Total Range End 16.00 25.00 100.00 Area Area 35,980.560 S.F. 0.826±Acres 8,276.400 S.F. 0.190± Acres 1,306.800 S.F. 0.030± Acres 45, 563.760 S.F. 1.046± Acres CERTIFICATE OF' TAXES PAID 734.45' I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND ASSESSMENTS DUE AND PAYABLE AS OF UPON ALL PARCELS OF REAL ESTATE DESCRIBED ON THIS PLAT ARE PAID IN FULL. DATED THIS DAY OF A.D., 2015 TREASURER OF GARFIELD COUNTY J CONTAINING 8.028 ACRES, MORE OR LESS, HAVE CAUSED THE DESCRIBED REAL PROPERTY TO BE SURVEYED, LAID OUT, PLATTED AND SUBDIVIDED INTO LOTS AND BLOCKS AS SHOWN ON THIS EXEMPTION PLAT UNDER THE NAME AND STYLE OF SECOND AMENDED FINAL PLAT TRACT 2, TAMBURELLO NORTH EXEMPTION, A SUBDIVISION IN THE COUNTY OF GARFIELD. THE OWNERS DO HEREBY DEDICATE AND SET APART ALL OF THE STREETS AND ROADS AS SHOWN ON THE ACCOMPANYING PLAT TO THE USE OF THE PUBLIC FOREVER, AND HEREBY DEDICATE(S) TO THE PUBLIC UTILITIES THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED AS UTILITY EASEMENTS ON THE ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES, IRRIGATION AND DRAINAGE FACILITIES INCLUDING, BUT NOT LIMITED TO, ELECTRIC LINES, GAS LINES AND TELEPHONE LINES, TOGETHER WITH THE RIGHT TO TRIM INTERFERING TREES AND BRUSH, WITH PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH LINES. SUCH EASEMENT' AND RIGHTS SHALL BE UTILIZED IN A REASONABLE AND PRUDENT MANNER. ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTY OF GARFIELD. EXECUTED THIS DAY OF A.D., 2015. KEVIN L. HERRMAN 250 COUNTY ROAD 127, #19 GLENWOOD SPRINGS, CO 81601 STATE OF COLORADO ) ): SS COUNTY OF GARFIELD ) KANDY J. HERRMAN 250 COUNTY ROAD 127, #19 GLENWOOD SPRINGS, CO 81601 771E FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , A.D., 2015, BY KEVIN L. HERRMAN AND KANDY J. HERRMAN. MY COMMISSION EXPIRES: WITNESS MY HAND AND OFFICIAL SEAL. NOTARY PUBLIC COUNTY COMMISSIONER'S CERTIFICATE BASED UPON THE REVIEW AND RECOMMENDATION OF GARFIELD COUNTY DIRECTOR OF COMMUNITY DEVELOPMENT, THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, HEREBY APPROVES THIS SECOND AMENDED EXEMPTION PLAT THIS _ DAY OF A.D., 2015, FOR FILING WITH THE CLERK AND RECORDER OF GARFIELD COUNTY AND FOR CONVEYANCE TO THE COUNTY OF THE PUBLIC DEDICATIONS SHOWN HEREON, SUBJECT TO THE PROVISIONS THAT APPROVAL IN NO WAY OBLIGATES GARFIELD COUNTY FOR THE FINANCING OR CONSTRUCTION OF IMPROVEMENTS ON LANDS, PUBLIC ROADS, HIGHWAYS OR EASEMENTS DEDICATED TO THE PUBLIC, EXCEPT' AS SPECIFICALLY AGREED TO BY THE BOARD OF COUNTY COMMISSIONERS BY SUBSEQUENT RESOLUTION. THIS APPROVAL SHALL IN NO WAY OBLIGATE GARFIELD COUNTY FOR THE CONSTRUCTION, REPAIR OR MAINTENANCE OF PUBLIC ROADS, HIGHWAYS OR ANY OTHER PUBLIC DEDICATIONS SHOWN HEREON. CHAIRMAN, BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO WITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD. ATTEST. COUNTY CLERK COUNTY SURVEYOR'S CERTIFICATE APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS OR DRAFTING, PURSUANT TO C.R.S. § 38-51-101 AND 102, ET SEQ. DATED THIS DAY OF A.D., 2015. GARFIELD COUNTY SURVEYOR CLERK AND RECORDER'S CERTIFICATE THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO, AT O'CLOCK J ON THIS DAY OF A.D., 2015, AND IS DULY RECORDED AS RECEPTION NO. ATTEST: CLERK AND RECORDER BY: DEPUTY DESCRIP110N ADJUST SLOPE ANALYSIS 10 C3 en 03�h b �O a' 01 aa 1.4 SECOND AMENDED FINAL PLAT KEVIN AND KANDY HERRMAN ci) r; `c 0 cc 0 O Lf) r O CO r o 0 0 a 0 00 z W J 0 FILE: AMEND DFT. TL CK. NJL DATE: 04/07/15 PROJECT NO. 15015.01 SHEET 1 OF 1