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HomeMy WebLinkAbout1.07 Title Commitment Water DocsSept 9, 2015 David Pesnichak David: In support of my request for a building permitoon lot 1 Homestead Ranch enclosed please find the following: 1. Copy from HOA approving ADU. 2. Title policy:as evidence of mineral status. Have requested more detail. 3. Copy of County Commissioner resolution 2001-31 approving exemption lot 4 For clarification I did not create a new lbt with the boundary line adjustment 4. I simply adjuted line of two existing lots. 4. Copy of accepted change of ownership from Colo Division of water resources 5. Copy of memorandum 93-4 from Water resources concerning allowance for three dwelling units on 35 acres. I have 39 acres and am going to do a shared well agreement. 6. Copy of boundary line adjustment affidavit which indicates I did not create a new lot. I retained a planner that had worked for Gar Co, to insure the exemption request and boundary line adjustment were done correctly 7. The road easement to the county road is 60 ft. The HOA road measures approx 25 ft. My driveway is approx 22 ft. Appreciate yourrhelp W. Page Spracher July 30, 2015 Garfield County Community Development 108 8th Street Glenwood Springs, Colorado 81601 Attn: Kathy Eastley Pursuant to page Sprachers request to build an ADU on his property located at lot 1 Homestead Ranch Estates Garfield county, please be advised the Hot has no objection to this use. Also be advised that all lots have legal access to county road 115 via the homewoners deeded road. Should you have any further questions please do not hesitate to call. Regards i6if j7` /- 7J P41/62/ /7/64 r, ALTA Loan Policy (6/17/06) LOAN POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 17 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, (the "Company") insures as of Date of Policy and, to the extent stated in Covered Risks 11, 13, and 14, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (1) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection Countersigned by: Stewart title guaranty company Authorized Countersignature Matt Morris President and CEO Stewart Title - Aspen 620 East Hopkins Ave Aspen, CO 81611 (970) 925-3577 Agent ID: 06011A 461./ Denise C - rraux Secreta ry If you want Information about coverage or need assistance to resolve complaints, please call our toll free number: 1-800-729-1902. If you make a claim under your policy, you must furnish written notice in accordance with Section 3 of the Conditions. Visit our World -Wide Web site at http:llwww.stewart.com. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form Is restricted to ALTA licensees and ALTA members In good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-37164 Page 1 of Policy Serial No.: M-9302-002355571 AML RICAN I,VNI) TITII AS.M:1,11 RM COVERED RISKS (Continued) if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. The invalidity or unenforceability of the lien of the Insured Mortgage upon the Title. This Covered Risk includes but is not limited to insurance against loss from any of the following impairing the lien of the Insured Mortgage: (a) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (b) failure of any person or Entity to have authorized a transfer or conveyance; (0) the Insured Mortgage not being properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (d) failure to perform those acts necessary to create a document by electronic means authorized by law; (e) a document executed under a falsified, expired, or otherwise invalid power of attorney; (f) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (g) a defective judicial or administrative proceeding. 10. The lack of priority of the lien of the Insured Mortgage upon the Title over any other lien or encumbrance. 11. The lack of priority of the lien of the Insured Mortgage upon the Title (a) as security for each and every advance of proceeds of the loan secured by the Insured Mortgage over any statutory lien for services, labor, or material arising from construction of an improvement or work related to the Land when the improvement or work is either: (i) contracted for or commenced on or before Date of Policy; or (ii) contracted for, commenced, or continued after Date of Policy if the construction is financed, in whole or in part, by proceeds of the loan secured by the Insured Mortgage that the Insured has advanced or is obligated on Date of Policy to advance; and (b) over the lien of any assessments for street improvements under construction or completed at Date of Policy. 12. The invalidity or unenforceability of any assignment of the Insured Mortgage, provided the assignment is shown in Schedule A, or the failure of the assignment shown in Schedule A to vest title to the Insured Mortgage in the named Insured assignee free and clear of all liens. 13. The invalidity, unenforceability, lack of priority, or avoidance of the lien of the Insured Mortgage upon the Title (a) resulting from the avoidance in whole or in part, or from a court order providing an alternative remedy, of any transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction creating the lien of the Insured Mortgage because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the Insured Mortgage constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 14. Any defect In or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 13 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the Insured Mortgage in the Public Records. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improve- ment erected on the Land; (iii) the subdivision of land; or 4. (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not 5. modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed, or agreed to • by the Insured Claimant; (b) not Known to the Company, not recorded in the Public 7. Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; resulting in no loss or damage to the Insured Claimant; (c) (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing -business laws of the state where the Land is situated. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth -in -lending law. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form Is restricted to ALTA licensees and ALTA members In good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-37164 Page 2 of Policy Serial No.: M-9302-002355571 nMERIC.IN 1nNir IITIE n\S0L1A1 ION CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Section 10 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Indebtedness": The obligation secured by the Insured Mortgage including one evidenced by electronic means authorized by law, and if that obligation is the payment of a debt, the Indebtedness is the sum of (1) the amount of the principal disbursed as of Date of Policy; (ii) the amount of the principal disbursed subsequent to Date of Policy; (iii) the construction loan advances made subsequent to Date of Policy for the purpose of financing in whole or in part the construction of an improvement to the Land or related to the Land that the Insured was and continued to be obligated to advance at Date of Policy and at the date of the advance; (iv) interest on the loan; (v) the prepayment premiums, exit fees, and other similar fees or penalties allowed by law; (vi) the expenses of foreclosure and any other costs of enforcement; (vii) the amounts advanced to assure compliance with laws or to protect the lien or the priority of the lien of the Insured Mortgage before the acquisition of the estate or interest in the Title; (viii) the amounts to pay taxes and insurance; and (ix) the reasonable amounts expended to prevent deterioration of improvements; but the Indebtedness is reduced by the total of all payments and by any amount forgiven by an Insured. (e) "Insured": The Insured named in Schedule A. (i) the term "Insured" also includes (A) the owner of the Indebtedness and each successor in ownership of the Indebtedness, whether the owner or successor owns the Indebtedness for its own account or as a trustee or other fiduciary, except a successor who is an obligor under the provisions of Section 12(c) of these Conditions: (B) the person or Entity who has "control" of the "transferable record," if the Indebtedness is evidenced by a "transferable record,' as these terms are defined by applicable electronic transactions law; (C) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (D) successors to an Insured by its conversion to another kind of Entity; (E) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured. (2) if the grantee wholly owns the named Insured, or (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity; (F) any government agency or instrumentality that is an insurer or guarantor under an insurance contract or (f) (g) (h) (i) (1) guaranty insuring or guaranteeing the Indebted- ness secured by the Insured Mortgage, or any part of it, whether named as an Insured or not; (ii) With regard to (A), (B), (C), (D), and (E) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured, unless the successor acquired the Indebtedness as a purchaser for value without Knowledge of the asserted defect, lien, encumbrance, or other matter insured against by this policy. "Insured Claimant": An Insured claiming loss or damage. "Insured Mortgage": The Mortgage described in paragraph 4 of Schedule A. "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is Insured by this policy. "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (k) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (1) "Title": The estate or interest described in Schedule A. (m) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title or a prospective purchaser of the Insured Mortgage to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured after acquisition of the Title by an Insured or after conveyance by an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (I) an estate or interest in the Land, or 01) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (1) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured of any claim of title or interest that is adverse to the Title or the lien of the Insured Mortgage, as insured, and that might cause Toss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title or the lien of the Insured Mortgage, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. Copyright 2006-2009 American Land Titre Association. All rights reserved. The use of this Form is restricted 10 ALTA licensees and ALTA members In good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-37164 Page 3 of Policy Serial No.: M-9302-002355571 AMERICAN I.AN1) TI Es Alalt IAXI4 N CONDITIONS (Continued) 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that In its opinion may be necessary or desirable to establish the Title or the lien of the Insured Mortgage, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. (b) (0) 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title, the lien of the Insured Mortgage, or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, (b) memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION QF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance or to Purchase the Indebtedness. (1) To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay; or (ii) To purchase the Indebtedness for the amount of the Indebtedness on the date of purchase, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of purchase and that the Company is obligated to pay. When the Company purchases the Indebtedness, the Insured shall transfer, assign, and convey to the Company the Indebtedness and the Insured Mortgage, together with any collateral security. Upon the exercise by the Company of either of the options provided for in subsections (a)(i) or (ii), all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in those subsections, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(t) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of This Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-37164 Page 4 of Policy Serial No.: M-9302-002355571 AME RICAN 1;040 ..71111. $.S511C'rAY I[IN CONDITIONS (Continued) 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the least of (I) the Amount of Insurance; (ii) the Indebtedness, (iii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy, or (iv) if a government agency or instrumentality is the Insured Claimant, the amount it paid in the acquisition of the Title or the Insured Mortgage in satisfaction of its insurance contract or guaranty. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title or the lien of the Insured Mortgage, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In the event the Insured has acquired the Title in the manner described in Section 2 of these Conditions or has conveyed the Title, then the extent of liability of the Company shall continue as set forth in Section 8(a) of these Conditions. (d) In addition to the extent of liability under (a), (b), and (c), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, or establishes the lien of the Insured Mortgage, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title or to the lien of the Insured Mortgage, as insured. The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY (a) All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. However, any payments made prior to the acquisition of Title as provided in Section 2 of these Conditions shall not reduce the Amount of Insurance afforded under this policy except to the extent that the payments reduce the Indebtedness. (b) The voluntary satisfaction or release of the Insured Mortgage shall terminate all liability of the Company except as provided in Section 2 of these Conditions. 11. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. (c) 12. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) The Company's Right to Recover. Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title or Insured Mortgage and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. The Insured's Rights and Limitations. (1) The owner of the Indebtedness may release or substitute the personal liability of any debtor or guarantor, extend or otherwise modify the terms of payment, release a portion of the Title from the lien of the Insured Mortgage, or release any collateral security for the Indebtedness, if it does not affect the enforceability or priority of the lien of the Insured Mortgage. (11) If the Insured exercises a right provided in (b)(i), but has Knowledge of any claim adverse to the Title or the lien of the Insured Mortgage Insured against by this policy, the Company shall be required to pay only that part of any losses insured against by this policy that shall exceed the amount, if any, lost to the Company by reason of the impairment by the Insured Claimant of the Company's right of subrogation. The Company's Rights Against Noninsured Obligors The Company's right of subrogation includes the Insured's rights against non-insured obligors including the rights of the Insured to indemnities, guaranties, other policies 01 insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. The Company's right of subrogation shall not be avoided by acquisition of the Insured Mortgage by an obligor (except an obligor described in Section 1(e)(i)(F) of these Conditions) who acquires the Insured Mortgage as a result of an indemnity, guarantee, other policy of insurance, or bond, and the obligor will not be an Insured under this policy. (b) (c) 13. ARBITRATION Either the Company or the insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form Is restricted to ALTA licensees and ALTA members In good standing as of the date of use. All other uses are prohibited, Reprinted under license from the American Land Title Association. File No. 01330-37164 Page 5 of Policy Serial No.: M-9302-002355571 CONDITIONS (Continued) 14. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or lien of the Insured Mortgage or by any action asserting such claim shall be restricted to this policy. Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (1) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. (c) 15. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 16. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title or the lien of the Insured Mortgage that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 17. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at Claims Department at P.O. Box 2029, Houston, TX 77252-2029. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to .ALTA licensees and ALTA members In good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-37164 Page 6 of Policy Serial No.: M-9302-002355571 EMMEN AMERICAN I,Nll 11111 .1151[1; IA] ION ALTA LOAN POLICY (6117106) SCHEDULE A Name and Address of Stewart Title Guaranty Company Title Insurance Company: P.O. Box 2029, Houston, TX 77252 File No.: 01330-37164 Policy No.: M-9302-002355571 Loan Number: 152514020013327 Address Reference: 341 Homestead Road, Glenwood Springs, CO 81601 (For Company Reference Purposes Only) Amount of Insurance: $395,000.00 Premium: $570.00 Date of Policy: July 15, 2014 at 10:35 am 1. Name of Insured: Vectra Bank, and its successors and assigns as their interests appear. 2. The estate or interest in the Land that is encumbered by the Insured Mortgage is: Fee Simple 3. Title is vested in: W. Page Spracher 4. The insured Mortgage and its assignments, if any, are described as follows: Deed of Trust executed by W. Page Spracher to the Public Trustee of Garfield County, dated July 9, 2014, in the principal amount of $395,000.00, payable to Vectra Bank and recorded July 15, 2014 as Reception No. 851382. 5. The land referred to in this policy is described as follows: SEE EXHIBIT "A" ATTACHED HERETO Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form Is restricted to ALTA Licensees and ALTA members to good standing as of the date of use. All other uses are prohibited. Reprinted under Ifcense from the American Land Title Association. File No. 01330-37164 CO STG ALTA Loan Policy Sch A STCO Page 1 of 2 STEWART TITLE GUARANTY COMPANY ALTA LOAN POLICY (6/17/06) EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN THE SE1/4NE1/4 OF SECTION 36, TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID. PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE E1/4 CORNER OF SECTION 36 A STONE IN PLACE, THENCE N 89°40'21" W ALONG THE SOUTH LINE OF SAID SE1/4NE1/4 A DISTANCE OF 509.21 FEET TO A POINT ON THE CENTERLINE OF A 60.00 FOOT ACCESS EASEMENT; THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE OF SE1/4NEI/4 ALSO BEING THE SOUTHERN BOUNDARY OF PARCEL 1, OF HOMESTEAD ESTATES N 89°40'21" W A DISTANCE OF 859.55 FEET TO THE CENTER EAST 1/16 CORNER SECTION 36; THENCE ALONG THE WEST LINE OF SAID SE1/4NE1/4 ALSO BEING THE WESTERN BOUNDARY OF SAID PARCEL 1, N 02°55'16" E A DISTANCE OF 1330.65 FEET TO THE NE1/16 SECTION 36 ALSO BEING THE NORTHWEST CORNER OF SAID PARCEL 1; THENCE ALONG THE NORTH LINE OF SAID SE1/4NE1/4 ALSO BEING THE NORTHERN BOUNDARY OF SAID PARCEL 1, S 89°51'51" E A DISTANCE OF 1111.17 FEET; THENCE LEAVING SAID NORTH LINE OF SEI/4NE1/4 S 00°01'27" W A DISTANCE OF 416.14 FEET TO A POINT ON THE NORTH LINE OF SAID 60.00 FOOT WIDE ACCESS EASEMENT; THENCE N 89°5759" E A DISTANCE OF 173.63 FEET; THENCE S 38°31'57" E A DISTANCE OF 31.94 FEET TO A POINT ON THE EAST LINE OF SECTION 36, THENCE ALONG SAID EAST LINE S 00°13'49" W 66.99 FEET; THENCE LEAVING SAID EAST LINE N 89°46'20" W A DISTANCE OF 187.59 FEET TO A POINT ON THE EASTERLY LINE OF SAID 60.00 FOOT WIDE ACCESS EASEMENT; THENCE N 81°32'28" W A DISTANCE OF 30.00 FEET TO A POINT ON THE CENTERLINE OF SAID 60.00 FOOT WIDE ACCESS EASEMENT; THENCE ALONG THE CENTERLINE OF SAID ACCESS EASEMENT THE FOLLOWING EIGHT (8) COURSES: 1. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A, RADIUS OF 186.19 FEET AND A CENTRAL ANGLE OF 27°44'55", A DISTANCE OF 90.17 FEET (CHORD BEARS S 22°20'00" W 89.29 FEET) 2. S 36°12'27" W 47.89 FEET 3. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 846.25 FEET AND A CENTRAL ANGLE OF 18°33'58", A DISTANCE OF 274.22 FEET (CHORD BEARS S 26°55'29" W 273.02 FEET) 4. S 17°38'30" W 99.83 FEET 5, ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 887.36 FEET AND A CENTRAL ANGLE OF 07°03'38", A DISTANCE OF 109.35 FEET (CHORD BEARS S 21°10'19" W 109.28 FEET) 6. S 24°42'08" W 64.00 FEET 7. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 235.70 FEET AND A CENTRAL ANGLE OF 29°38'55", A DISTANCE OF 121.97 FEET (CHORD BEARS S 09°52'41" W 120.61 FEET) 8. S 04°56'47" E 90.01 FEET TO THE POINT OF BEGINNING COUNTY OF GARFIELD, STATE OF COLORADO Copyright 2006-2009 American Land Title Association. All rights reserved. Tho use of This Form Is restrECled to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under License from the American Land Title Association. File No. 01330-37164 CO STG ALTA Loan Policy Soh A STCO Page 2 of 2 STEWART TITLE GUARANTY COMPANY ALTA LOAN POLICY (6/17/06) SCHEDULE B PART I File No.: 01330-37164 Policy No.: M-9302-002355571 This policy does not insure against Toss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 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. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. 6. Water rights, claims or title to water. 7. All taxes for 2014 and subsequent years, which are a lien not yet payable. 8. Reservations or exceptions contained in U.S. Patents, or in Acts authorizing the issuance thereof, recorded June 28, 1949 in Book 243 at Page 464 as Reception No. 168913, reserving 1) Rights of the proprietor of a vein or lode to extract and remove his ore therefrom and 2) rights of way for ditches and canals constructed under the authority of the United States. 9. Easements and rights of way for ingress and egress for adjoining lots across subject property as shown on Plat, recorded December 2, 1975 as Reception No. 270400. Restrictions, as contained in instrument recorded, December 2, 1975, in Book 480 at Page 940 as Reception No. 270401, and in Supplemental thereto, recorded February 4, 1976, in Book 482 at Page 531 as Reception No. 271208 and Supplemental thereto recorded April 13, 1977 in Book 495 at Page 331 as Reception No. 277857. Resolution of Amendment, recorded February 9, 1982, in Book 592 at Page 628 as Reception No. 324620, and Extension of Protective Covenants recorded May 27, 1982 in Book 600 at Page 331 as Reception No. 328173, and Resolution of Amendment, recorded April 11, 1984, in Book 647 at Page 769 as Reception No. 351327 and restated and amended July 7, 1988 in Book 737 at Page 258 as Reception No. 393503 and First, Second and Third Amendments recorded December 13, 1995 in Book 961 at Page 23, 24 and 26 as Reception Nos. 486384, 486385 and 486386. 10. Utility easements being 10 feet in width along the outside of road right of ways, 10 feet in width along interior boundary lines and 20 feet in width along exterior boundary lines of said parcel as set out on Plat recorded December 2, 1975 as Reception No. 270400. 11. Rights of way for telephone line purposes which the Mountain States Telephone and Telegraph Company may have under the Act of March 4, 1911 as referred to in Patent recorded June 28, 1949 in Book 243 at Page 464 as Reception No. 168913. 12. Map and Ditch Statement for the Strang Ditches 1 and 2 recorded July 18, 1888 as Reception No. 7292 as the same may affect subject property. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members In good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-37164 CO STG ALTA Loan Policy Sch 131 SE Page 1 of 2 STEWART TITLE GUARANTY COMPANY RMI IC.kN in*ie II!!!. ALTA LOAN POLICY (6/17106) SCHEDULE B PART 1 13. Right of way for the J. S. Miller Ditch as shown on Plat. 14. Terms, conditions, restrictions, reservations, provisions, obligations, easement and right-of-way as granted to Holy Cross Electric Association in instrument recorded September 11, 1978 in Book 515 at Page 269 as Reception No. 288333. 15. Terms and conditions of Easement Contract by and between W. Page Spracher and] Rocky Mountain Natural Gas Company recorded December 16, 1993 in Book 886 at Page 451 as Reception No. 456689 and Amended Easement Contract recorded April 15, 1996 in Book 973 at Page 925 as Reception No. 491498. 16. Terms and conditions of Easement as set forth in Deed recorded May 30, 1973 in Book 445 at Page 126 as Reception No. 258511. 17. Affidavits recorded May 12, 1994 in Book 902 at Page 283 and 284 as Reception Nos. 463062 and 463063. Amended Easement Contract recorded April 15, 1996 in Book 973 at Page 925 as Reception No. 491498. 18. Ratification of Easement and Restrictions on Development recorded April 19, 2000 in Book 1182 at Page 937 as Reception No. 562228, and Re-recorded October 13, 2003 in Book 1212 at Page 530 as Reception No. 570844 19. Grant of Easement recorded April 19, 2000 in Book 1182 at Page 953 as Reception No. 562230. 20. Matters disclosed on Quit Claim Deed recorded July 28, 2001 in Book 1264 at Page 438 as Reception No. 583396. 21. Boundary Line Adjustment recorded March 7, 2002 as Reception No. 598537. Notice RE: Boundary Line Adjustment recorded May 8, 2002 in Book 1353 at Page 476 as Reception No. 603032. 22. Affidavit RE: Boundary Line Adjustment recorded May 8, 2002 in Book 1353 at Page 477 as Reception No. 603033. 23. Affidavit RE: Boundary Line Adjustment recorded July 5, 2002 in Book 1367 at Page 819 as Reception No. 606582. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Farm Is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-37164 CO STG ALTA Loan Policy Sch B 1 SE Page 2 of 2 STEWART TITLE GUARANTY COMPANY ALTA LOAN POLICY (6/17/06) SCHEDULE B PART II File No.: 01330-37164 Policy No.: M-9302-002355571 In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage: 1. Deed of Trust from Grande Ronde River LLC for the use of Vectra Bank Colorado N A to secure $250,000.00, recorded July 6, 2001 in Book 1267 at Page 92 as Reception No. 583944. The lien or charge of said Deed of Trust was subordinated to the lien or charge of the Deed of Trust insured herein, by Subordination Agreement recorded July 15, 2014 as Reception No. 851386. End of Exceptions Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members In good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-37164 Page 1 of 1 STEWART TITLE CO STG ALTA Loan Policy Sch B II GUARANTY COMPANY 11 Vett ICAH Anti -Fraud Statement CRS 10-1-128 File No.: 01330-37164 "It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies." CO STG Endorsement 100 (Rev. 10-31-00) Comprehensive - ALTA Lender ENDORSEMENT ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE SERIAL NUMBER M-9302-002355571 Issued by STEWART TITLE GUARANTY COMPANY File No.: 01330-37164 Charge: $50.00 The Company hereby against loss, which the insured shall sustain by reason of any of the following matters: 1. Any incorrectness in the assurance, which the Company hereby gives: (a) That there are no covenants, conditions or restrictions under which the lien of the mortgage or Deed of Trust referred to in Schedule A can be cut off, subordinated, or otherwise impaired; (b) That, except as shown in Schedule B, there are no present violations on the land of any enforceable covenants, conditions or restrictions; (c) That, except as shown in Schedule B, there are no encroachments of buildings, structures or improvements located on the land onto adjoining lands, nor any encroachments onto the land of buildings, structures or improvements located on adjoining lands. 2. Damage to existing improvements which are located or encroach upon that portion of the land subject to any easement shown in Schedule B, which damage results from the exercise of the right to use or maintain such easement for the purposes for which the same was granted or reserved; 3. Any final court order or judgment requiring removal from any land adjoining said land of any encroachment shown in Schedule B. Wherever in this endorsement any or all the words "covenants, conditions or restrictions" appear, they shall not be deemed to refer to or include the terms, covenants, conditions or restrictions contained in any lease referred to in Schedule A. For purposes of this endorsement, the words "covenants," "conditions" or "restrictions" shall not be deemed to refer to or include any covenants, conditions or restrictions relating to environmental protection, except to the extent that a notice of a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy and is not excepted in Schedule B. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature. Countersigned by: Authorized Countersignature Stewart Title - Aspen 620 East Hopkins Ave Aspen, CO 81611 Agent ID: 06011A Endorsement Serial No. stewart title guaranty company Fite No. 01330-37164 CO STG Endorsement 100 (Rev. 10-31-00) Comprehensive ALTA Lender E-2173-666521799 Matt Morris President and CEO Denise C . rraux Secretary Page 1 of 1 ALTA Endorsement 8.1-06 (Environmental Protection Lien) ENDORSEMENT ATTACHED TO POLICY NUMBER M-9302-002355571 ISSUED BY STEWART TITLE GUARANTY COMPANY File No.: 01330-37164 Charge: $50.00 The insurance afforded by this endorsement is only effective if the Land is used or is to be used primarily for residential purposes. The Company insures against loss or damage sustained by the Insured by reason of lack of priority of the lien of the Insured Mortgage over (a) any environmental protection lien that, at Date of Policy, is recorded in those records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge, or is filed in the records of the clerk of the United States district court for the district in which the Land is located, except as set forth in Schedule B; or (b) any environmental protection lien provided by any state statute in effect at Date of Policy, except environmental protection liens provided by the following state statutes: NONE This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Date: July 15, 2014 Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature. Countersigned by: Authorized Countersignature Stewart Title - Aspen 620 East Hopkins Ave Aspen, CO 81611 Agent ID: 06011A Endorsement Serial No. stewart title guaranty company E-9328-365700599 Matt Morris President and CEO Denise C . rraux Secretary Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-37164 ALTA Endorsement 8.1-06 (Environmental Protection Lien) (6117106) Page 1 of 1 �lfl 11111111111131111111111111.111111111 111111111 1111 D76 05/17/2001 11:04A B1253 P480 M ALSDORF F:7 R 0.00 • D 0.00 GARFIELD COUNTY CO STATE OF COLORADO )ss County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday, the 13th of November, 2000, there were present: John Martin Larry McCown Walt Stowe Don DeFord Mildred Alsdorf Ed Green , Commissioner Chairman , Commissioner , Commissioner . County Attorney , Clerk of the Board , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2001-31 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS FOR W. PAGE SPRACHER (HIGH ASPEN RANCH). LEGAL DESCRIPTION SEE ATTACHED EXHIBIT "A" WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received an application from W. Page Spracher concerned with a Subdivision Exemption to allow a total of two (2) lots being approximately 4.019 and 69.821 acres in size; WHEREAS, the Board held a public meeting on the 13th day of November, 2000 upon whether the above-described Subdivision Exemption should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Exemption; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact: A. That proper posting and public notice was provided as required by law for the hearing before the Board of County Commissioners. B. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at the hearing. 0 11111 11111 111111 111111 1111 111111 11111 1111111111111111 11076 05/17J2001 11:04A B1253 P481 M ALSDORF of 7 R 0.00 D 0.00 GARFIELD COUNTY CO C. That for the above stated and other reasons, the proposed Subdivision Exemption is in the best interest of the health, safety, morals, convenience order prosperity and welfare of the citizens of Garfield County. D. That the application is in conformance with the Garfield County Subdivision Regulations of 1984, as amended. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the High Aspen Ranch Subdivision Exemption be and hereby is approved, upon the following specific conditions: A. That all representations of the applicant, either within the application or stated at the meeting before the Board of County shall be considered conditions of approval. B. An Exemption Plat shall be submitted , indicating the legal description of the property, dimension and area of the proposed lots, 25 foot wide access to a public right-of-way for each lot and any proposed easements for setbacks, drainage irrigation access or utilities. C. The applicant shall have 120 days to present the plat to the Commissioners for signature, from the date of approval of the Exemption. The Board may grant extensions of up to one (1) year from the original date of approval, provided the applicant submits a request for extension prior to the approval expiration date. D. The applicant shall submit $200.00 per lot, in School Site Acquisition Fees for the creation of all exempted parcels. E. The following plat notes shall be included: I. "Control of noxious weeds is the responsibility of the property -owner." 2. "One (1) dog will be allowed for each residential unit within a subdivision and the dog shall be required to be confined within the owner's property boundaries." 3. "No open hearth solid fuel fireplaces will be allowed anywhere in the within an exemption. One (1) new solid fuel burning stove as defined by C.R.S 25-7-401; et. seq., and the regulations promulgated thereunder, will be allowed in ariy dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves ad appliances." 4. "All exterior lighting be the minimum amount necessary and that all exterior lighting be directed inward, toward the interior of the subdivision, except that provision may be made to allow for safety lighting that goes beyond the property boundaries." 5. Garfield County has a Right -to -Farm -and Ranch regulation, which recognizes the important contribution agriculture makes to this County. Nuisance complaints made against customary and legal agricultural operations will not be pursued." 6. "Specific geological hazards may be encountered during the placement of structures and septic systems. Site specific analysis for placement may be required." F. The applicant shall receive any necessary driveway permits, for each lot created, from the Road and Bridge Department, prior to the signing of an exemption plat. G. The applicant shall demonstrate that an adequate supply of water in both quantity and quality exists for the lots to be created. Criteria for demonstrating the quality, quantity and dependability of each well: I. A well be drilled and a four hour pump test be performed; II. The applicant supply to the Planning Department the well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; III. The results of the four hour pump test indicating the pumping rate in gallons per minute and information showing down draw and recharge shall be submitted to the Planning Department; 1111 IIILI I111I1111111111111111111111111111 Illi 1076 05/17/2001 11:04A B1253 P482 M ALSDORF of 7 R 0.00 D 0.00 GARFIELD COUNTY CO Dated this 14th ATTEST: • ApWb IV. V. VI. A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots and be submitted to the Planning Department; An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; The water quality be tested by an approved laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids. day of MAY , 2001 A.D. GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Ch 1 I141�� ommr COMMISSIONER WALTER A. STOWE . duly made and seconded the forego • Resolutin was adopted by the • COMMTSSTnNRR TARRY T. , MCrOWN STATE OF COLORADO )ss County of Garfield ) Aye , Aye Aye I, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 2001 County Clerk and ex -officio Clerk of the Board of County Commissioners PPR.18.2006 10:16AM. NO.096 P.8/S EXHIBIT B-2 PROPERTY DESCRIPTION Cl(C�py� A PARCEL OF LAND BEING THE E1/2NE1/4, LOT 3 AND LOT 10 OF SECTION 26, ALL OF SECTION 25 EXCEPT THE NE1/4NE1/4 AND LOT 1, THE NE1/4NE1/4 AND A PORTION OF THE SE1/4NE1/4 OF SECTION'36, TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN AND LOT 1, 3, 4, 5, 6 AND THE SE1/4NW1/4 OF SECTION 30 AND LOT 1, LOT 7 AND A PORTION OF LOT 2 AND THE SE1/4NW1/4 OF SECTION 31, TOWNSHIP 6_ SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 26, A 124 GLO BRASS CAP IN PLACE, THE POINT OF BEGINNING; THENCE N 89°52'41" W ALONG THE SOUTHERLY LINE OF SAID SECTION 26 1321.18 FEET TO THE EAST I/16TH CORNER OF SAID SECTION 26, THENCE N 00000r -04" -W ALONG THE WESTERLY -LINE OF THE E1/22E1/4 OF SAID SECTION 26 2639.08 FEET TO THE EAST -CENTER 1/16TH CORNER OF SAID SECTION 26; THENCE N 00°01'24" W ALONG THE WESTERLY LINE OF THE E1/2NE1/4 OF SAID SECTION 26.2640.53 FEET TO THE EAST 1/6TH CORNER OF SECTION 23•AND. SECTION 26; THENCE N 89°53'39" E ALONG THE NORTHERLY LINE OF SAID SECTION 26 1313 .00 FEET TO THE NORTHEAST CORNER OF SAID SECTION 26; THENCE S 89°59'44" E ALONG THE NORTHERLY LINE OF SAID SECTION 25 2649.61 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 25, A 1924 GLO BRASS CAP IN PLACE; THENCE CONTINUING ALONG SAID 'NORTHERLY LINE S 89°58'22" E 7.319.65 FEET TO THE EAST 1/16TH CORNER OF SECTION 24 AND SECTION'25'; THENCE S 00°04'46" E ALONG THE EASTERLY LINE OF THE NW1/4NE1/4 OF SAID SECTION 25 1322.95 FEET TO THE NORTHEAST 1/16TH CORNER OF SAID SECTION 25; THENCE S 89°55'33" E ALONG THE NORTHERLY LINE OF THE SE1/4NE1/4 OF SAID SECTION 25 1319.07 FEET TO THE NORTH 1/16TH CORNER OF SECTION 25 AND SECTION 30; THENCE N 89°59'19" E ALONG THE NORTHERLY LINE OF THE S1/2NW1/4 OF SAID SECTION 30 2673.99 FEET TO THE NORTH -CENTER 1/16TH CORNER OF SAI3D SECTION 30; THENCE S 00°07'00" E ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 30 1325.64 FEET TO THE CENTER OF SECTION 30; THENCE CONTINUING ALONG SAID NORTH -SOUTH CENTERLINES 00°07'00" E 2616.22 FEET TO THE SOUTH QUARTER -CORNER OF SAID SECTION 30, A STONE IN PLACE; MtiNCE S 00°22'101' W ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 31 2279.33 FEET TO A #4 REBAR IN PLACE; THENCE LEAVING .SAID NORTH -SOUTH CENTERLINE 5 89°57'59" W 2670.35 FEET TO A POINT .ON THE WESTERLY LINE OF SAID SECTION 31 (WHENCE A REBAR AND CAP L.S. '$3317 HEARS N 89°57'59" E 1.53 FEET) ; THENCE N 00°13'49" E ALONG THE WESTERLY LINE OF SAID SECTION 31 512.75 FEET; THENCE LEAVING THE WESTERLY LINE OF SAID SECTION 31 N 36'31'57" W 31.94 FEET; THENCE N 89'58'33" W 173.63 FEET; TO A POINT ON THE EASTERLY LINE OF PARCEL 1., HOMESTEAD ESTATES; THENCE N 00°01'27" E 416.14 FEET TO A POINT ON THE SOUTHERLY LINE OF THE NE1/4NE1/4 OF SAID SECTION 36, SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAIL PARCEL 1; THENCE N 89°51'51" W ALONG THE SOUTHERLY LINE OF • T •iE NE1/4NE1/4 OF SAID SECTION 36 1111.17 FEET TO THE NORTHEAST 1/16TH CORNER OF SAID SECTION 36; THENCE PAAnivnd T mo »flr.IQ. 1n'icAU ca 0 '— CO K3� vMM — 0 mum= NO,096 P.9/9 I' . 1Q. LYIC.IYJ 1W.101.01 II 111111111111111111111 llhIt 11111111 11111111 1111 76 05/17/2001 11:04A B1253 P484 M ALSDORF 7 R ?.00 D 0.00 GARFIELD COUNTY CO PAGE NO. 2 SUCK POINT RANCH N 00°46'07" E ALONG THE WESTERLY LINE 0P SAID NE1/4NE1/4 1329.94 FEET TO THE EAST 1/16TH CORER OF SAID SECTION 25; THENCE S 89°54'48" W ALONG THE SOUTHERLY LINE OF SAID SECTION 25 1293.79 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 36, A 1924 GLO BRASS CAP IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S 89°25129" W 49.51 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 25, A 1924 GLO BRASS CAP IN PLACE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE $ 89°59'30" W 1324.98 FEET TO THE WEST 1/16TH CORNER OF SAID SECTION 25, A45 REBAR IN PLACE; THENCE LEAVING SAID SOUTHERLY LINE N 00°05154" W ALONG TIE WESTERLY LINE OF THE SE1/4SW1/4 OF SAID SECTION 25 1306.20 FEET TO THE SOUTHWEST 1/16TH CORNER OF SAID SECTION 25, A REEAR AND CAP L.S. #19598 IN PLACE; THENCE S 89°49'56" W ALONG THE SOUTHERLY LINE OF '41.1E NW1/4SW1/4 OF SAID SECTION 25 1324.83 FEET TO THE SOUTH.1/16TH CORNER OF SAID SECTION 25 AND. SECTION 26, A RESAR AND CAP L.S. #9018 IN PLACE; THENCE S 00°05'30" E ALONG THE WESTERLY LINE OF SAID SECTION 25 1323.25 FEET TO THE POINT OP BEGINNING; SAID PARCEL CONTAINING 1,142.276 ACRES, MORE OR LESS. \\Kalli\kclli\Docs\ii.9D\Lm\1142 nee.M.wpa T1_., An. 10 IA.t'itl 11111 111111111111111111111111111111111111111111111111 81076 05/17/2001 11:04A 81253 P485 M ALSDORF Of 7 R 0.00 D 0.00 GARFIELD COUNTY CO Recording requested by: Page Spracher And when recorded, mail to: Page Spracher c/o Banker's Mortgage Corporation P.O. Box 7904 Aspen, Colorado 81612 figure) C .1 • QUIT CLAIM DEED PAGE SPRACHER ("Grantor"), with an address of c/o Banker's Mortgage Corporation, P.O. Box 7904, Aspen, Colorado 81612, for a valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby sells and quitclaims to HIGH ASPEN RANCH, LLC, a Colorado limited liability company, whose address is c/o Curtis B Sanders, Krabacher Law -Offices, 201 North Mill Street, Suite 201, Aspen, Colorado 81611, the following real property in Garfield County, Colorado: A parcel of land situated within the SE1/4 NE1/4 of Section 36, Township 6 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel of land being more particularly described as follows: Commencing at the East quarter corner of said Section 36, a stone in place, the true point of beginning; thence N. 89°40'21" W. along the southerly line of said SE1/4 NE1/4 130.31 feet to the southeast corner of Parcel 1, Homestead Estates, as shown on the plat recorded as Reception No. 270401 in the Garfield County Clerk and Recorder's Office; thence leaving said southerly line N. 09°19'56" W. along the easterly line of said Parcel 1 635.75 feet; thence continuing along said easterly line N. 11°57'51" E. 209.48 feet; thence continuing along said easterly line N. 00°01'27" E. 84.96 feet; thence leaving said easterly Tine N. 89°57'59" E. 173.63 feet; thence S. 38°31'57"E. 31.94 feet to a point on the easterly line of said Section 36; 'thence S. 0.0°13'49" W. along said easterly line 893.09 feet to the' true point of beginning; said parcel containing 4.019 acres, more or less; subject to the following: 1. Those matters affecting title described in Exhibit A attached hereto and made a part hereof; and 2. The Restrictive Covenants described in Exhibit B (and Exhibit B-1 and Exhibit B-2 attached thereto). Together with all its appurtenances and all the estate, right, title, interest of Grantor. Keeoittnd ay..:.- ss:mek �F - - xeoeptk0a 10: 2619.112...4.. 5ila Stephens, Recordoir GENERAL WARRANTY DEED ' .: .:-:1.t:'.'.f.:.:•7:-1.:.r.1'.e:"..::l-T4'e--e4;i',l.:,".::e.?,I,., • bUt 479. f1:30 .. '..:--z: 2 .r.,:, ' : •U',;.;•f "'k1:+, .0-, v • • z • i'� rt+`�',a 2 fi iY � - � "�,.°. 1;6 .. = air'r,.,,:i''F.�',b,,'�,'' .'.'"°```d �.•:1;.. w ?. :.,.fV•:.. .. r: :• .,;:..James=p:and�Hea'ther'•M••Petersori"�'husb�a�id'and::`lrife��"w}it+�ey 'ies��- ia''Aspeii;.County•of Pitkin, Colorado, for the consideration:5f;7.si0o11srso ',. ..,': ' •in hand.•paid,,:together with other good and valuable.considerati h0Mreb ' `�=;, , �:t:; , sell and convey' to William F. Ogan, whose address• is City and••Coimtysof.= x : • ' Denver`, Colorado,•, the following real property in the County of Garfield, ' � and State -of Colorado: : i';:1'.::'''';' •.':- : ti r r''k` ' °' ', y .i °«� .- .i'; ', . 't .a'� �• x'n i.4.* .f�.: l'''''''''„ ,, .1 'fhat'pait•'of the' Wig of Sec.' 31•, Tp: 6'S.i'•':1!•',`ti7:I1f: '6t'h?P.':`�14.- :• and that part of the NE1 of Sec. 36, 'Tp.' 6: 5 ;,;4`4-;: bB W; ,4;6th P M - - described as: follows: ,„ ..„3...„.!,-&54,-...... • - wk.,,., �° ' Beginning at the center of said 'Sec. 31; ::.'." :,'?'i:1'AM -ti ' ...--5. Beginning W. 2673.25 ft: along.the'SoutherlyiineL-=' of Lot'. 2. and..SElaNW; of Sec. 31,.•• '••;:.;°.'•r.❑'•��1"" i:" s^•? .s4; `.:::• f • i u A. thence 'S. 88i12'49".W.' 129.63 feet; ,..: .''::'"; ?r.,?,;4 ;g• .thence N:•09.19123W:• 640.79 ft., '7•"•'i „ -:°;• " thence' N,:•11•58'24"'•E:'201.68'ft..,' }'=:::. ';,- ':thence .S:::74'I4'0r• E 140.13 ft.; -': thence' 5:'.60.21'21": E:-:.68:68 ft.; ;' s.•'thence'S.'• 00'13'4$"'•W: 373.88 ft..;'.. `;`'fir ; • .:.'thence•65B.45;ft:.'E:':.along' the line of Lot •2 of Sec thence S.:60'21'21'! -E.. 76:38 ft..; ,:�::,_ ; ?r;r ",.'......thence'N:'•196'55'43" E:-143.83 ft.; ; Form No. GWS -1 I 1 1:20I 1 COLORADO DIVISION OF WATER RESOURCES RE(EIVE •or()niceI.Fie Only DEPARTMENT OF NATURAL RESOURCES 1313 Sherman St.. Ste 821, Denver, CO 80203 APR 1 0 15 Main: (303) 866-3581 Fax: (303) 866-2223 dwrnernvtngnlineAst:atc co us CHANGE IN OWNER NAME/ADDRESS CORRECTION OF THE WELL LOCATION Review instructions on the reverse side prior to completing the form. :51ATF %lltiiNI F NV/O0 Name, address and phone of person claiming ownership of the well oemlit: Name(s): t`.CJ . i s �� r72 A 17A f /Z Mailing Address: „?7 / G'A2r+.s TS A/) ; : J'✓.! h R1) City St. Zip: L.- i i�/ J U'%rJ ' . .r.e j Y'�,R ." s4,/be.:1/ Phone c772 ``9# 4'/ Email Address: ?,r�y.g - 5JAf ' 4r.- errip -p,, This form is filed by the named individual/entity claiming that they ate the owner of th ell permit as referenced below. This filing is made pursuant to C.R,S. 37-90-143. WELL LOCATION: Well Permit Number: /p„.Z 41 sr/ Receipt No.: Case Number: County .7 t3aQ F/L / Well Name or # (optional) ,947/ 17D,77 i_o r ' 1:: ? c.4 C is t1&)0e1 .5-1).-1A-1,,,,, c:"er� 67644? / (Address) (City) . , (State) ��Zip) SE 1/4 of the/1/45114, Sec.. C Twp. (J r N. or ii/S., RangeRCF © E. ora W.. P.M. Distance from Section Lines: ?O %G' Ft. From I- N. or !VS., 9 fry Ft. From [2'E. or 0 W. Line OR: GPS well location information in UTM format. You must check GPS unit for required settings as follows. Forsmat must be UTM, zone 12 or i - zone 13 ; Units must be meters: Datum must be NAD83: Unit must be set to true north Easting Northing Subdivision Name /771,71..) Lot , Stock , Filing/Unit The above listed owner(s) say(s) that he, she (they) own the well permit described herein. The existing record is being amended for the following reasons: 2 Change in name of owner ©Change in mailing address ❑ Correction of location for exempt wells permitted prior to May 8, 1972 and non-exempt wells permitted before May 17, 1855. Please see the reverse side for further information regarding correction of the well location. I (we) claim and say that I (we) (am) (are) the owner(s) of the well permit described above, know the contents of the statements made herein, and state that they are true to my (our) knowledge. Sign or enter the name(s) of the new owner(s) If signing print name title W Ni T Date (mmlddlyyyy) d "�+ t y £ 5 p r6 c> cr– 47e ~,t ri (4. It is the responsibility of the new owner of this well permit to complete and/or sign this form, If an agent is signing or entering information please see instructions. � Please send confirmation of acceptance of change in owner name/address via: t r–t Email address listed above U US Mail 41(1.1 O D°...irn."(1)Asti* a State Engineer Date Y STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 December 22, 1993 POLICY MEMORANDUM 93-4 Ray Romer Governor Ken Salazar Executive Director Hal D. Simpson State Engineer SUBJECT: Use Restrictions for Permits Issued as the Only Well on 35+ Acres The following standards are adopted as policy to provide for the consistent evaluation and conditioning of applications for new well permits and requests to amend the use of existing wells approved as the only exempt well on a tract of 35 acres or more under the provisions of Section 37-92-602(3)(b)(II). Only wells outside designated ground water basins are affected. This policy becomes effective January 1, 1994 and shall be modified or revoked only in writing. 1. New well permits approved pursuant to Section 37-92-602(3)(b)(II)(A) as the only well on a tract of 35 acres or more and for use as described in 37-92-602(1)(b), shall be conditioned to provide for all the uses described in that subsection, including use in up to three (3) single-family dwellings, regardless of whether or not the applicant requested any specific number of dwelling units or all the other uses. Provided that if the only use requested is watering of livestock on a farm or ranch such permit will limited the use to only watering of livestock on a farm or ranch. 2. Requests to amend existing well permits, issued under the provision of Section 37-92- 602(3)(b)(l1)(A) [ or 602(3)(b)(II) ] as the only well on a tract of 35 acres or more, to allow .use for all or any of the uses described in Subsection 37-92-602(1)(b), including use in up to three single-family dwellings, shall be approved provided the documents indicated below are submitted. No fee shall be charged for this service. A request to amend is appropriate any time the condition of approval uses are less than or not specific to the use desired. a. A letter, signed by the applicant, requesting the permit amendment and addressing the uses desired. b. If the applicant for the amendment is not the original applicant of record in the Division's files, an application for a change in ownership/address (Form No. GWS - 11) and a copy of a deed showing that they are the owner(s) of the 35+ acres described in the existing well permit. c. A legal description of the 35+ acre tract, if that information has not already been provided. HDS/SPL/sl al D. Simpson State Engineer Policy 93-4 Page 2 December 22, 1993 CONSIDERATIONS AND BACKGROUND FOR POLICY MEMO 93-4 PROBLEM A procedure adopted in 1981 or 1982 required all permits, approved under the provisions of Sections 37-92-642(3)(b)(11) as the only well on a tract of 35 acres or more, to be limited to serving one single- family dwelling unless specifically indicated otherwise in the application. This has resulted in additional work and expense for the Division, and additional expense for the well owners when applications for extended use of the existing wells were required. DISCUSSION The existing procedure was a response to a belief that if we did not limit use on these 35+ acre tracts to only one dwelling, a proliferation of divisions of land would occur from counties exempting certain divisions of land. This would result in an increased potential for injury to other water rights in overappropriated systems. It has been the Division's experience that our restrictions did not result in a reduction of the number of divisions of land that were occurring, and that our procedure only forced well owners to apply for permits to extend the use of their existing wells, which would then be approved since the Division did not find that there was sufficient evidence of injury to overcome the presumptions as provided in Section 37-92- 602(3)(b)(Il)(A). This ultimately only resulted in increased work for the Division in approving well permits whose cost is not fully funded by the well permit application fees. SOLUTION Three options appear to be available. 1. Continue the current procedure of limiting to one dwelling, unless otherwise requested, and require filing of an application to expand the use of the well. 2. Establish a new policy that will allow approval for up to three single family dwellings, for all new permits approved for domestic type use on 35+ acre tracts, and will allow for amending existing permits. 3. Revoke the current procedure concerning new well permits, but do not adopt a new policy. RECOMMENDATION The Second option appears to be the most reasonable since it provides clear direction to the staff and public, and reduces costs. ENO J HN -{L -r_U0JC: 4'J'7I-' r KUrI : tiLUUYLHN1 HNLU .J (b..5ti fJ4 (U 1111111111111111111111111111111111 uu111i ilii ini 606582 07/05/2002 02:02P B1367 P819 11 ALSDORF 1 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO 11..111-"5e1455dU AFFIDAVIT RE: BOUNDARY LINE ADJUSTMENT the undersigned affiants being first sworn upon thereof, depose and state as follows: 1. We are the owners of real property in the unincorporated area of Garfield County, which is described in Exhibit "A" which is attached hereto and incorporated herein by reference. 2. We are desirous of adjusting the boundary lines of our lots and sign this Affidavit in accordance with the Garfield County Subdivision Regulations of 1984. 3. We hereby represent that no new lots will be created and therefore, that Garfield County will not be required to issue any building permits, other than what it would be required to issue for the already existing lots. 4. We hereby represent that none of the parcels of property involved in this boundary line adjustment is part of a previously platted subdivision of record. 5. We hereby represent that the boundary line adjustment made reference to herein will not cause the loss of access by road or to utilities, to any parcel of property involved. 6. We hereby represent that a copy of the Affidavit will be recorded with the Garfield County Clerk and Recorder. FURTHER AFFIANTS SAYETH NOT. DONE this E day of c -Ne X00 . P:3'4 (cl (77,7ra c e RN.t(\ I 1 Pa Spite) NOTE: The full legal name of the Affiants should be typed or printed beneath each signature line. STATE OF COLORADO COUNTY OF GARFIELD )ss The foregoing document was subscribed and swop to before me in the County of Garfield, State of Colorado this 'S day of J J4)1_ .. ,19 6 2,by G E SA Rc. iek, and Commission Expires: G 147/o3 Re vm lres& Pa e racks c U� Seir\Ve r 'S I n. (c5)4 ``79 O--1 k\ae-, co & uc a _1A,U Notary Public , 3sa h -,..) 6 tet L L. Address 4-5-p,„, C o g e 61 le Corpc he 1111111111111111111111111111111111111111111111111111111 606582 07/05/2002 02:02P 81367 P820 M ALSDORF 2 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO Exhibit A A Boundary Line Adjustment for Parcel C, High Aspen Ranch Exemption Plat and Boundary Line Adjustment, as shown on the plat recorded as Reception No. 578833 in the records of the Clerk and Recorder, Garfield County. The land to be conveyed from Parcel C being more particularly described as set forth on Exhibit "A.tattached hereto and made a part thereof: Said land is to be merged with a tract of land presently identified as Parcel 1; said parcel of land being a part of Homestead Estates, Reception No. 270401 in the records of the Clerk and Recorder, Garfield County. • 1111111111111111111111111111111111111111111111111111111 606582 07/05/2002 02:02P 81367 P821 M ALSDORF 3 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO �„�NG/yc�E�P/tiG PROPERTY DESCRIPTION Exkibi-L A.1 A PARCEL OF LAND SITUATED IN THE SE1/4NE1/4 OF SECTION 36, TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 36, A STONE IN PLACE; THENCE N 00°13'49" E ALONG THE EASTERLY LINE OF SAID SECTION 826.10 FEET TO A POINT ON THE EASTERLY LINE OF SAID SECTION, THE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE N 89°46'20" W 187.59 FEET; THENCE N 81°32'28" W 6.86 FEET; THENCE N 11°57'51" E 5.27 FEET; THENCE N 00°01'27" E 84.96 FEET; THENCE N 89°57'59" E 173.63 FEET; THENCE S 38°31'57" E 31.94 FEET TO A POINT ON SAID EASTERLY LINE; THENCE S 00°13'49" W ALONG SAID EASTERLY LINE 66.99 FEET TO THE POINT OF BEGINNING; SAID PARCEL OF LAND CONTAINING 0.400 ACRES, MORE OR LESS. 1517 Blake Avenue, Ste. 101 Glenwood Springs, CO 81601 phone 970 945-8676 • fax 970 945-2555 14 Inverness Drive East, Ste. D-136 Englewood, CO 80112 phone 303 925-0544 • fax 303 925-0547 Grand Junction, CO 80501 phone 970 858-0933 • fax 970 858-0275 1111111111111111111111111111111111111111111111111111111 606582 07/05/2002 02:02P 51367 P822 M ALSDORF 4 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO TO: Page Spracher, Property Owner FROM: Victoria Giannola, Planning Consultant RE: Boundary Line Adjustment DATE: .lune 2002 A Boundary Line Adjustment on the property of Parcel 1, of Homestead Estates, was recorded on 7 March 2002 in the Clerk and Recorders of Garfield County, Colorado, to transfer 4.058 acres from Parcel 1 to Parcel C, of High Aspen Ranch Exemption Plat, to create a total acreage of 7.677 for Parcel C(see bh-ocheAl Additionally, 0.400 acres was transferred from Parcel C, of High Aspen Ranch Exemption Plat, to Parcel 1, of Homestead Estates to create a total acreage of 31.384 for Parcel 1. VICTORIA GIANNOLA 0285 CRYSTAL CIRCLE ESTATES CARBONDALE CO 81623 (970) 963-8297 PHONE (970) 704-0305 FAX A/Gf� Eyci�EE,Qii�c 1 11 1111 1 1111 1 11111 11111 1 1111 11 1111 11111 111 111111111 1111 606582 07/05/2002 02:02P 81367 P823 M ALSDORF 5 of 5 R 25.00 D 0.00 GARFIELD COUNTY CO PROPERTY DESCRIPTION A PARCEL OF LAND SITUATED IN THE SE1/4NE1/4 OF SECTION 36, TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE E1/4 CORNER OF SECTION 36 A STONE IN PLACE, THENCE N 89°40'21" W ALONG THE SOUTH LINE OF SAID SEI/4NE1/4 A DISTANCE OF 130.31 FEET TO A REBAR AND CAP LS #19598, THE POINT OF BEGINNING; THENCE CONTINUING N 89°40'21" W ALONG THE SOUTH LINE OF SAID SE1/4NE1/4 A DISTANCE OF 378.90 FEET TO A POINT ON THE CENTERLINE OF A 60.00 FOOT ACCESS EASEMENT; THENCE LEAVING SAID SOUTH LINE AND ALONG THE CENTERLINE OF SAID 60.00 FOOT ACCESS EASEMENT THE FOLLOWING EIGHT (8) COURSES; 1. N 04°56'47" W 90.01 FEET 2. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A. RADIUS OF 235.70 FEET'AND A CENTRAL ANGLE OF 29°38'55", A DISTANCE OF 121.97 FEET (CHORD BEARS N 09°52'41" E 120.61 FEET) 3. N 24°42'08" E 64.00 FEET 4. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 887.36 FEET AND A CENTRAL ANGLE OF 07°03'38", A DISTANCE OF 109.35 FEET (CHORD BEARS N 21°10'19" E 109.28 FEET) 5. N 17°38'30" E 99.83 FEET 6. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 846.25 FEET AND A CENTRAL ANGLE OF 18°33'58", A DISTANCE OF 274.22 FEET (CHORD BEARS N 26°55'29" E 273.02 FEET) 7. N 36°12'27" E 47.89 FEET 8. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 186.19 FEET AND A CENTRAL ANGLE.OF 27°44'55", A DISTANCE OF 90.17 FEET (CHORD BEARS N 22°20'00" E 89.29 FEET); THENCE LEAVING SAID CENTERLINE S 81°32'28" E 23.14 FEET; THENCE S 11°57'51" W A DISTANCE OF 204.21 FEET TOA REBAR AND CAP LS #.19598; THENCE S 09°19'56" E A DISTANCE OF 635.75 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAIN 1► 4.058 ACRES, MORE OR LESS. 1517 Blake Avenue, Ste. 1 Glenwood Springs, CO 81601 phone 970 945-8676 • fax 970 945-2555 14 Inverness Drive East, Ste. D-136 Englewood, CO 80112 phone 303 925-0544 • fax 303 925-0547 Grand Junction, CO 80501 phone 970 858-0933 • fax 970 858-0275