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Home My WebLink About1.0 ApplicationCounty Garfield ��-� Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfie|d'countv.comn CHANGE��U^� LAND USE PERMIT APPLICATION FORM P OF APPLICATION [] Administrative Review O Limited Impact Review [] Major Impact Revew [] Amendments to an Approved LUCP �]LIR DMIR []SUP LJ Minor Temporary Housng Facility L] Vacation o[a[ountyRoud/Pub|icROVV LJ Location and Extent Review Comprehensive Plan Amendment [] Development in180YearFloodplain [] Developmerit in 100 -Year Floodplain Vanance LJ Code Text Amendrnent --_- U Rezoning ' �lZone Dbzhc|O PUD 0 PUD Amendment LJ Administrative Interpretation [] Appeal ofAdministrative Interpretation LJ Areas and Activities uf��atp|ntere�� LJ Accommodation Pursuant to Fair Housing Ac O Pipeline Development | 0 Variance O Time Extension (also check type of original application) INVOLVED PARTIES l=� Owner/Applicant Name:ovca,Cense and W*naCense. mmnmmmcvmpm/L.L L p / GatorcaLLC phone: ( Mailing Address: ) City: E-mail: Representative (Authorization Required) State: Zip Code: Name: Ken Arnold, Managing Member phone: (305 )790-6327 Mailing Address: 611 S West End St Unit 9 City: Aspen E-mail. ken@gatorcap.com State: CO Zip Code: 81611 PROJECT NAME AN 2, - Project Name: 16411 Hwy 82 440,P41�� Assessor's Parcel Number: 2391 311 00 013 phydcal/5t/eetA8dness: 16411 HWY 82, Carbondale, CO 81623 Legal Description: See Attached Zone DistrictRural (R) Property Size (acres) -41.64 1 40;‘,??CitkiiX vv. :4t41,71; I Existing Use: Agriculture Proposed Use (From Use Table 3-403): Residential, dwelling, single -unit Description of Project: Residential development in accordance with the Residential Village Land Use Designation REQUEST FOR WAIVERS '':,7=441t1 Submission Requirements 0 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: 1 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 7-4, 44 2 Date OFFICIAL USE ONLY File Number:C2teikt - Fee Paid: $ 21 -CD *OD LEGAL DESCRIPTION The Land referred to herein is located in the County of Garfield, State of Colorado, and described as follows: A TRACT OF LAND SITUATED IN LOTS 1 AND 8 OF SECTION 31 AND IN LOT 5 OF SECTION 32, ALL IN TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6th PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, LYING NORTHERLY OF AND ADJACENT TO THE NORTHERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NO. 82 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY BOUNDARY LINE OF SAID LOT 8 AND THE NORTHERLY RIGHT-OF-WAY LINE OF SAID HIGHWAY NO. 82 WHENCE A STONE FOUND IN PLACE FOR THE WITNESS CORNER TO THE NORTHEAST CORNER OF SAID SECTION 31 BEARS N 41°44'10"E 1355.70 FEET; THENCE S 79°55'52"E 2351.84 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY LINE TO A POINT ON THE WESTERLY BOUNDARY LINE OF A PARCEL OF LAND DESCRIBED IN BOOK 514 AT PAGE 870 AS RECEPTION NO. 288099 OF THE RECORDS OF THE GARFIELD COUNTY CLERK AND RECORDER, ALSO BEING A POINT IN A FENCE AS Built AND IN PLACE; THENCE ALONG SAID FENCE ON THE FOLLOWING FIVE(5) COURSES: N 00°33'36"W 538.41 FEET; THENCE N 01°36'00"W 43.77 FEET; THENCE N 03°34'31"W 79.03 FEET; THENCE N 00°00'38"E 208.86 FEET; THENCE N 61°12'52"W 238.22 FEET; THENCE LEAVING SAID FENCE ON A COURSE BEARING NORTH FOR 4.31 FEET TO A POINT ON THE NORTHERLY BOUNDARY LINE OF SAID LOT 5 IN SAID SECTION 32; THENCE WEST 1835.42 FEET ALONG THE NORTHERLY BOUNDARY LINES OF SAID LOT 5 IN SAID SECTION 32 AND LOT 8 IN SAID SECTION 31; THENCE N 60°44'03"W 298.63 FEET; THENCE S 00°02'13"E 723.71 FEET TO THE POINT OF BEGINNING Garfield County STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of Oscar Cerise and W lma Cerise Main Ranch Company L.L.L.P. a Colorado (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is Oscar Cerise and Wilma Cerise Main Ranch Company L.L.L.P. and is formed under the laws of Colorado The mailing address for the Entity is 175 County Road 105, Carbondale, CO 81623 The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is Michael B. Cerise, General Partner The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): None Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED this -day of .'. , 20 Signature:'f� Name (printed).._. Title (if any): STATE OF a/e)rad° )SS. COUNTY OF (- _r e�C% Th f L y 4-4 % �' oer 4 M is ti •kyv 1 L L.L P The foregoing instrument was acknowledged before me this day of yyW 20 s by /N lx1P� on behalf of 65 -at Ger,' r -re/ 1' /mei G:° a Witness my hand and official seal. My commission expires: /l" 61,1, 2-41 ,P00.1 Apt-ppi (Date) (Notary Public) (SEAL] Notary ID Commission Garfield County STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30472, the undersigned executes this Statement of Authority on behalf of Gatorcap LLC a Florida (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is Gatorcap LLC and is formed under the laws of Florida The mailing address for the Entity is 4770 Biscayne Blvd Ste 720, Miami, FL 33137 The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is Ken Arnold, Managing Member The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): None Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED this ay of /f'c-' ? 20,E 7. Signature: Name (printed) Title (if any): ,, r«7>�t1 .''?c'x�z✓ The foregoing instrument was acknowledged before me this by N,C. 4 , on behalf of /-L-C-- STATE OF COUNTY OF 0..2 2 day of Witness my hand and official seI My commission expires: , [SEAL] 1 11 ) )SS. ) ,20 jQ�ta Public)t JEFFREY MICHAEL OSHINSKY o Commission M GG 46833 4? My Commission Expires rOV November 14, 2020 August 23, 2017 Garfield County Community Development Department 108 8th St Suite 401 Glenwood Springs, CO 81601 Re: Letter of Authorization Property located at 16411 Hwy 82, Carbondale, CO 81623 (- 41.64 acres) Dear Garfield County Community Development Department, I, Michael B. Cerise, General Partner of Oscar Cerise and Wilma Cerise Main Ranch Company, L.L.L.P. hereby allow Ken Arnold, Managing Member of Gatorcap LLC and/or his assigns, to represent Oscar Cerise and Wilma Cerise Main Ranch Company, L.L.L.P. on the application for a Comprehensive Plan Text Amendment, a Future Land Use Map (FLUM) Amendment, and the Planned Unit Development for the above described property. Executed this day of , 2017. Signature: Name (printed): Title (if any): STATE OF COLORADO COUNTY OF G?ctri'-e(C/ The foregoing instrument was acknowledged before me this Z-! day of 'tiS' , 2017 by,1/ kaof Ler, on behalf of DfcQr Ger ,'S e acv/ df! /hrce CtY, 5 . /My ti f q,,c �f C0kyfp4i-s) . G.L.e a Kr' 4-- r (Notary's official signature) MINN NI gratrosol MNrr 0 301140 107 My COmmMMMit Fib 9, 2019 (Commission Expiration) (Notary Seal) Garfield County STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of Oscar Cerise and Wilma Cerise Main Ranch Company L.L.L.P. , a Colorado (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is Oscar Cerise and Wilma Cerise Main Ranch Company L.L.L.P. and is formed under the laws of Colorado The mailing address for the Entity is 175 County Road 105, Carbondale, CO 81623 The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is Michael B. Cerise, General Partner The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): None Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED this -day of , 20 Signature: Name (printed):: Title (if any)*.f. STATE OF Lala rerd f f )SS. COUNTY OF (Tr 1�a "e('C ) The foregoing instrument was acknowledged before me this ( day ofS4 , 20 (% 2 by At,GLxgeI Cer $e , on behalf of 65(c (er, S' dao/ lit /si Gera fidd-rter 4/q, n j the 4 4ofr). %t` 4 Lt Witness my hand and official seal. My commission expires: /'f'h C`, S S27 (Date) (Notary Public) (SEAL) MI COW* Notify 10 20150005507 Commission Expires Feb 9, 2019 • JUN 1 i 1995 Recorded at '2A o'clock .1 M ) ,} BOOnU(f�1 905 PA& �" 1 1 2 Reception• No. 464558 ;'Y)a .t / L>.D s y Recorder. graelarn, .gee,/ KNOW ALL MEN BY THESE PRESENTS THAT OSCAR CERISE and WILMA CERISE 0281= County- -.Road 105 P.O.Box or Street Addess ' Carbondale, Colorado 81623 RECORDER GARFIELD State Doc. Fee S r� JUN 13 199 _r '❑ a Colorado' Corporation ❑ e Partnership l] aLimit d Partnership, City State ` Zip for and inconsideration of ten dollars and other valuable consideration in hand paid herebysellsand quitclaims to OSCAR CFR TSF��..AND WTI MA CFRTSF MATNRANCH COMPANY' Second Party - - 0086 County Road 104. P.O.- Box or Stree{Address ` Carbondale. -Colorado 81623 Zip the tollowing-describedproperty rn the County of. Garfield ❑ Individually CI, joint joint' tenancy ❑ tenancy in common .❑ a Colorado Corporation ® a`Pertnersh'p, ❑ a Limited Partnership and State of Colorado: - Oscar -Cerise and;. Wilma Cerise Roaring Fork .River,Ranch as particularly described in Exhibit "A'` attached hereto and by reference made a part with all its appurtenances. EXECUTED thls 13th day of June , A 0 119 94 Oscar erise /� Crcn do nAA Oscar Cerise as attorney in fact for Wilma Cerise STATE OF COLORADO )ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this 13th day of June 19 94 by Oscar Cerise and Oscar Cerise as attorney in fact for Wilma Cerise. Witness my hand and official seal. My commission expires: 2-27-97 NOTE • • Mark applicable square with a. Singular shall Include plural aa context requires. Notary Public • After recording return to: Petre &Peet re, RE E.Lc. P — rm�, E. . Drawer 400, Glenwood Springs, CO 81602. EXHIBIT "A" TO BE ATTACHED TO A QUITCLAIM DEED FROM OSCAR CERISE AND WILMA CERISE AS FIRST PARTY TO OSCAR CERISE AND WILMA CERISE AS SECOND PARTY OSCAR CERISE AND WILMA CERISE ROARING FORK RIVER RANCH Township 7 South, Ranre 87 West of the 6th P.M. Section 31: aaox0905w17 i 3 That part of Lot 1 as particularly described in a quitclaim deed from John R. Carlson and Portia A. Carlson, recorded as Document No. 289765 in Book 518 at Page 415 of the Garfield County records, containing 0.329 acres, more or less. Lots 8 and 9 That part of Lot 10 lying northerly of the centerline of the Roaring Fork River recorded as Document No. 188818 in Book 282 at Page 487 of the Garfield County records. Section 32: Lots 5 and 13, except the east 306.5 feet thereof Also an Access Easement Agreement 30 feet in width situate in Lots 4 and 5 of said Section 32 and Lot 1 of said Section 31 as particularly described in Access Agreement recorded as Reception No. 288102 in Book 514 at Page 875 of the Garfield County records. Except the following described tracts of land, to -wit: (1) A one -acre tract of land situate in said Lot 8 conveyed to Lorain R. Herwick and Esther M. Herwick by deed recorded as Document Nol. 213530 in Book 333 at Page 511 of the Garfield County records. (2) A tract of land conveyed to John R. Carlson and Portia A. Carlson for use as a joint access easement as particularly described in Quitclaim Deed recorded as Reception No. 288099 in Book 514 at Page 870 of the Garfield County records. (3) Except the tracts of land conveyed to the Department of Transportation of the State of Colorado and recorded as Reception Nos. 438360 in Book 840 at Page 224, Reception No. 433680 in Book 828 at Page 822, Reception No. 457087 in Book 887 at Page 640. Subject to the restrictive access limitations as imposed by Court Order recorded as Document No. 457087 in Book 887 at Page 640 of -the Garfield County records. All of the above-described property contains 129.38 acres, more or less. Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 239129300082 16704 82 HWY CARBONDALE 239131100001 16470 82 HWY CARBONDALE 239131100003 142 LIONS RIDGE RD CARBONDALE 239131100013 16411 82 HWY CARBONDALE 239131100017 16400 82 HWY CARBONDALE 239131100018 239131100019 239131100032 239132200001 239132200026 239132200030 239132200031 16460 82 HWY CARBONDALE 16468 82 HWY CARBONDALE 100 COUNTY RD BCR FAMILY LLC CARBONDALE 16472 82 HWY CARBONDALE 16704 82 HWY CARBONDALE 16476 82 HWY CARBONDALE 16478 82 HWY CARBONDALE CHRISTIAN, EVAN RUSSELL MENDOZA, LUIS R011062 R011532 FRANKLIN, DUANE R R011154 CERISE, OSCAR & WILMA R111311 BARNETT, JAMES C AND NANCY J R011589 FAMILY TRUST-BARNETT, JAMES C & NANCY J TRUSTEES PRATT, JAMES G & ANNE R011623 REVOCABLE TRUST BENSON, DEE A R011624 R007826 ROW Not available null ROARING FORK BAPTIST CHURCH R111418 MID VALLEY BAPTIST CHURCH R011060 TORNARE, RENE R011061 CALDWELL, JAMES MATTHEW R011611 101 S MILL STREET ASPEN, CO 81611 PO BOX 5140 SNOWMASS VILLAGE, CO 81615 142 LIONS RIDGE ROAD CARBONDALE, CO 81623 0086 COUNTY ROAD 104 CARBONDALE, CO 81623 16400 HWY 82 CARBONDALE, CO 81623 PO BOX 1479 CARBONDALE, CO 81623 16468 HIGHWAY 82 CARBONDALE, CO 81623 3400 N ADAMS ROAD OAK BROOK, IL 60521 16472 HIGHWAY 82 CARBONDALE, CO 81623 16472 HIGHWAY 82 CARBONDALE, CO 81623 PO BOX 39 ASPEN, CO 81612 PO BOX 725 CARBONDALE, CO 81623 List of Mineral Estate Owners None Fees Application Review Fees Summary a. Planning Review Fees: $450 per application b. Referral Agency Fees: $TBD - consulting engineer/civil engineer fees c. Total Deposit: $450 per application (additional hours are billed at $40.50/hour) Amount Due with Applications a. FLUM Amendment Application = $450 b. Total = $450.00 gatorcap September 18, 2017 Garfield County Community Development Department 108 8th St Suite 401 Glenwood Springs, CO 81601 Re: Future Land Use Map (FLUM) Amendment Application The purpose of the proposed FLUM amendment is to designate certain parcels under the new Residential Village Land Use Designation. The proposed FLUM amendment meets the following Standards for Approval: 1. The existing Comprehensive Plan and/or any related element thereof is in need of the proposed amendment. a. According to the existing Comprehensive Plan Land Use Designation for Village Center, "Village Centers are areas where there is a concentration of residential development, and, commercial development that is intended primarily for the convenience needs of surrounding residential development." The Compatible Zoning of the Village Center Land Use Designation includes the Residential Urban (RU) Zone District comprised of high-density urban residential uses, including multi -family developments. b. The attributes of the subject parcel are in accordance with the requirements of the new Residential Village (RV) Land Use Designation. c. In the Plan Element - Housing, the Goals include; 1) To bring about a range of housing types, costs, and tenancy options, that ensure for our current and future residents affordable housing opportunities in safe, efficient residential structures, and 2) Mixed use Rural Centers are encouraged in locations that can be serviced by transit. The proposed Plan Amendment makes progress towards accomplishing those goals. d. In the Plan Element - Housing, the Policies include; Encourage provision of affordable housing closer to where jobs are located. The Plan points out that, "A significant amount of the county's employment is found in the upper Roaring Fork Valley, whereas the most significant supply of less expensive homes is found in the western part of the county --resulting in long commutes (and attendant time and costs), traffic congestion (especially through the constricted SH 82 corridor in Glenwood Springs) and road impacts." Additionally, it points out, "Long-range commuting affects not only the well-being of the county's workforce, it also affects the ability of the county to attract business that will increase the diversity of employment and the long-term stability of the county economy." This proposed FLUM amendment would position affordable housing as close as possible to the jobs in the upper Roaring Fork Valley, within walking distance to the Easternmost bus stop in the county, reducing the commute times and increasing the diversity of employment and long-term stability of the county economy. 2. Strict adherence to the Plan would result in a situation neither intended nor in keeping with other key elements and policies of the Plan. Page 1 of 3 gatorcap a. Strict adherence to the Plan would discourage development of a range of housing types, costs, and tenancy options, that ensure for our current and future residents affordable housing opportunities in safe, efficient, residential structures in areas where urban services are available and cost-effective transportation exists to lower the overall cost of living. 3. The proposed FLUM amendment is compatible with the surrounding area, and the goals and policies of the Plan. a. Correct. The FLUM amendment is near a Village Center (Catherine Store), accessible by urban water/sewer services (Mid Valley Metropolitan District), within walking distance of bus transit services (RFTA bus stop at the corner of Catherine Store Rd and Hwy 82, approximately the length of one football field to the parcel), and with little geohazard risks. The parcel is adjacent to Hwy 82. The surrounding area consists of residential, commercial and agricultural uses. b. This proposed FLUM amendment would position affordable housing as close as possible to the jobs in the upper Roaring Fork Valley, within walking distance to the Easternmost bus stop in the county, reducing the commute times and increasing the diversity of employment and Tong -term stability of the county economy. 4. The proposed FLUM amendment will have no major negative impacts on transportation, services, and facilities. a. Correct. The FLUM amendment is in accordance with the Residential Village Land Use Designation providing for access to urban water/sewer services and bus transit services. 5. The proposed FLUM amendment will have minimal effect on service provision, including adequacy or availability of facilities and services, and is compatible with existing and planned service provision. a. Correct. The FLUM amendment is in accordance with the Residential Village Land Use Designation providing for access to urban water/sewer services. 6. The proposed FLUM amendment will result in a logical and orderly development pattern and expansion of services and will not constitute spot zoning. a. Correct. The FLUM amendment is in accordance with the Residential Village Land Use Designation providing for a location near a Village Center. 7. The County or the general area in which an FLUM amendment is proposed has changed or is changing to such a degree that the amendment is in the public interest. a. As highlighted in the Comprehensive Plan, a significant amount of the County's employment is found in the upper Roaring Fork Valley, whereas the most significant supply of less expensive homes is found the western part of the county ---resulting in long commutes, traffic congestion, and road impacts. The FLUM amendment will allow for affordable community housing within walking distance to a bus transit stop, reducing commutes, reducing traffic congestion, and improving local housing options. 8. The proposed amendment has a significant public benefit; will promote the public welfare. and will be consistent with the goals and policies of the Garfield County Comprehensive Plan and the elements thereof. a. Correct. The proposed amendment has a significant public benefit and will promote the public welfare. It addresses a number of issues highlighted in the Comprehensive Plan, particularly in the areas of housing, transportation, and economics and employment. It Page 2 of 3 gatorcap will allow for the development of affordable, energy efficient, environmentally sensitive, single family housing near a Village Center, within walking distance to bus transit services and close to urban services. It will reduce the commuting time for residents, assist area businesses in finding employees, help to diversify employment, and improve the long-term stability of the county economy. 9. The proposed designation on the FLUM is in compliance with the Goals, Strategies, and Policies of the Comprehensive Plan and any applicable intergovernmental agreement affecting land use or development. a. Correct. The FLUM amendment is in accordance with the Residential Village Land Use Designation. There is no applicable intergovernmental agreement affecting land use or development. Sincerely, Ken Arnold Gatorcap LLC 611 S West End St Unit 9 Aspen, CO 81611 305-790-6327 Page 3 of 3 8/29/2017 chrome-extension://nlipoenfbbikpbjkfpfillcgkoblgpmj/edit.html chrome-extension://nlipoenfbbikpbjkfpfillcgkoblgpmj/edit.html 1/1 Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-countv.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 239131100013 DATE: August 4, 2017 PROJECT: Arnold — Residential Land Lease Development OWNER: CERISE, OSCAR & WILMA REPRESENTATIVE: Ken Arnold PRACTICAL LOCATION: 1641182 HWY, CARBONDALE 81623 ZONING: Rural TYPE OF APPLICATION: Comprehensive Plan of 2030 - Future Land Use Map Amendment and Text Amendment (2 Applications) I. GENERAL PROJECT DESCRIPTION The applicant is considering a residential land lease development on a 41 acre parcel located north of Highway 82 and east of the County Road 100 intersection. The parcel is currently zoned Rural. Under the current designation, the property may have a density of 6.83 dwelling units (6 acres per dwelling unit) and have a minimum Lot size of 2 acres. The density proposal exceeds the current Comprehensive Plan designation of Residential Medium Density (6-10 acres per dwelling unit). As a result of the anticipated nature of the development and number of dwelling units (300), the applicant is considering a Comprehensive Plan Future Land Use Map amendment, Comprehensive Plan Text Amendment, and subsequent PUD for the property. The highest density Comprehensive Plan designation available is Residential High Density, which allows densities up to 1/3 of an acre per dwelling unit. Currently, the Residential High Designation is located across Highway 82. Under this Residential High designation, the property may have a density of 124 dwelling units on the 41 acres. As this is well shy of the proposed 300 dwelling units, the • applicant will also need to apply for a Comprehensive Plan Text Amendment to create a new Land Use Designation in Chapter 2: Future Land Use. Presumably, this new Land Use Designation would allow for this type of density on the proposed parcel. The text and scope of this Designation will need to be fleshed out in the application. In addition, the application will need to include amendments to any other sections of the Comprehensive Plan that may be impacted by this new Designation. While the two applications are related to the same proposal, since there are technically two requests — a text amendment and a Future Land Use Map amendment — two separate applications will need to be submitted and voted on individually by the Planning Commission. As the Comprehensive Plan identifies very similar submittal and procedural requirements, the application may be processed concurrently with the text amendment being determined first and the Future Land Use Map amendment voted on following the determination of the text amendment. Both of the applications are considered within this Pre -Application Conference Summary. II. REGULATORY PROVISIONS APPLICANT I5 REQURED TO ADDRESS • Garfield County Comprehensive Plan 2030 • Garfield County Land Use and Development Code of 2013, as amended III. REVIEW PROCESS — Comprehensive Plan Text Amendment and FLUM Amendment To process a Plan Amendment, the following steps should be followed: (all identified sections relate to the LUDC): 1. Pre -Application Conference. The Applicant shall schedule a Pre- Application Conference in conformance with Section 4-101(A) of the LUDC. 2. Submit Application. The application materials as listed in the Submittal Requirement and any additional materials as determined in the Pre -application Conference. 3. Determination of Completeness. The Director of the Community of Development Department (the Director) shall review the application for determination of completeness in accordance with the provisions of Section 4-101(B), Determination of Application Completeness Review. 4. Schedule Public Hearing. Upon a determination of completeness, the Director shall schedule the application for consideration by the Planning Commission. a) Public hearing by the Planning Commission shall be held within 60 calendar days of the date of determination of completeness. b) Public notice of the hearing shall be made pursuant to Section 4-101(E), Notice of Public Hearing. At least 30 but not more than 60 calendar days prior to the date of a scheduled Public Hearing before the Planning Commission, the Applicant shall publish notice of a public hearing in a legal publication and provide written notice to property owners within 2 a 200 -foot radius of the subject parcel and mineral owners of the subject property, all neighboring jurisdictions within 3 miles of Garfield County, and all municipalities within Garfield County shall be mailed written notice of the date of the public hearing at which the proposal is to be discussed. c) Neighboring jurisdiction referrals (pursuant to CRS 24-32-3209(2)). A copy of the proposal and notification of the relevant hearing shall be forwarded to all neighboring jurisdictions within 3 miles of Garfield County and all municipalities within Garfield County for comment. All neighboring jurisdictions and municipalities shall have the right to comment on the proposal prior to the public hearing at least 30 but not more than 60 calendar days prior to the date of a scheduled Public Hearing. 5. Evaluation by Director/Staff Review. Upon determination of completeness, the Director shall review the application for compliance with the applicable standards set forth above. A staff report shall be prepared pursuant to Section 4-101(D) a) The Director's evaluation of the application may include comment by referral agencies received under Section 4-101(C), Review by Referral Agency. The comment period for referral agency review shall be 21 calendar days from the date that the complete application and sufficient copies are delivered to the County by the Applicant. In addition, the Director's evaluation may include comments from neighboring jurisdictions and municipalities within Garfield County as described in CRS 24-32-3209(2)(a). 6. Review by the Planning Commission. A Plan Amendment application shall be considered by the Planning Commission at a public hearing, after proper notice, conducted pursuant to Section 4-101(F), Review and Recommendation. The Planning Commission shall approve or deny, by written resolution, the application based upon compliance with the standards as outlined above. 7. If the Plan Amendment is approved by the Planning Commission, the following shall occur. a) Planning Commission Chair signs the resolution and it is attested to by the Planning Commission Secretary. b) Planning Commission Chair signs letters certifying the amendment to the Board of County Commissioners, municipalities, and surrounding counties. c) If applicable, the Planning Commission Secretary signs the Future Land Use Map, as amended. 8. Objection. Any municipality within Garfield County has the right to file a written objection to the amendment within 30 calendar days following adoption of the amendment in accordance with CRS. 24-32-3209(2)(b). 3 IV. SUBMITTAL REQUIREMENTS - Comprehensive Plan Text Amendment and FLUM Amendment 1. A cover letter containing a detailed narrative describing the purpose of the proposed amendment. This narrative shall also include a response to all of the review standards as outlined above. Standards for Approval A Plan Amendment shall demonstrate that the proposed text or designation addresses errors in the Future Land Use Map (FLUM) or Comprehensive Plan or meets the following criteria: 1. The existing Comprehensive Plan and/or any related element thereof is in need of the proposed amendment. 2 Strict adherence to the Plan would result in a situation neither intended nor in keeping with other key elements and policies of the Plan. 3. The proposed FLUM amendment is compatible with the surrounding area, and the goals and policies of the Plan. 4. The proposed FLUM amendment will have no major negative impacts on transportation, services, and facilities. 5. The proposed FLUM amendment will have minimal effect on service provision, including adequacy or availability of facilities and services, and is compatible with existing and planned service provision. 6. The proposed FLUM amendment will result in a logical and orderly development pattern and expansion of services and will not constitute spot zoning. 7. The County or the general area in which an FLUM amendment is proposed has changed or is changing to such a degree that the amendment is in the public interest. 8. The proposed amendment has a significant public benefit; will promote the public welfare and will be consistent with the goals and policies of the Garfield County Comprehensive Plan and the elements thereof. 9. The proposed designation on the FLUM is in compliance with the Goals, Strategies, and Policies of the Comprehensive Plan and any applicable intergovernmental agreement affecting land use or development. 2. General Application Materials pursuant to Section 4-203(B) of the LDDC. 4 3. Avicinity map locating the parcel(s) in the County. An 8 inch by 11 inch vicinity map shall clearly show the boundaries of the subject property(ies) and all property within a 3 mile radius. 4. A copy of the completed Pre -Application Conference Summary and any required attachments. V. APPLICATION REVIEW a. Review by: b. Public Hearing: c. Referral Agencies: VI. Staff for completeness recommendation and referral agencies for additional technical review X_ Planning Commission Board of County Commissioners Board of Adjustment May include Garfield County departments, State of Colorado agencies, all municipalities within Garfield County, and all neighboring jurisdictions within 3 miles of Garfield County. APPLICATION REVIEW FEES a. Planning Review Fees: b. Referral Agency Fees: c. Total Deposit: /hour) Application Submittal 3 Hard Copies 1 Digital PDF Copy (on CD or USB stick) Both the paper and the digital copy should be split into individual sections. Please refer to the list included in your pre -application conference summary for the submittal requirements that are appropriate for your application: • General Application Materials • Vicinity Map • Site Plan • Grading and Drainage Plan • Landscape Plan • Impact Analysis • Traffic Study • Water Supply/Distribution Plan • Wastewater Management Plan • Article 7 Standards $ 450 per application $ TBD - consulting engineer/civil engineer fees $ 45o per application (additional hours are billed at $40.50 General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual 5 representations that may or may not be accurate. This summary does not create a legal or vested right. Prt,appli_catia y Prepared thy: David Pesnichak, AICP Senior Planner August.4,2017 Date 6 • 23912 Zoning: Rural (R) Zoning Planned Unit 0ev el (PUD) 239130441015 2 3?130401001 PIN 239131100013 Report R. Dela& Account R111311 Owner CERISE. OSCAR S. WMA Physical Address 16411 82 HWY CARBONDALE 81623 Mailing Address 0086 COUNTY ROAD 104 CARBONDALE. CO 81623 Acres =8.86 2016 Mi levy 73.6720 ed Unit Developmen {PUD) DIVISION 1. GENERAL FORMS SECTION 1-01. STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of a (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is and is formed under the laws of The mailing address for the Entity is The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED this day of , 20 Signature: Name (printed): Title (if any): STATE OF ) )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20_ by , on behalf of a Witness my hand and official seal. My commission expires: (Date) (Notary Public) [SEAL] 1 Garfield 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 (i.e. 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 - II? 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. Dc 9-e 3 (43) 7/4/ �? 5. Water Supply Expert. A professional engin censed to practice in the State of Colorado qualified to perform work. 6. Vegetation Management Prof- . onal. Weed management, revegetation and reclamation plans -, eed inventory reports shall be prepared by a botanist, ecologi range scientist, agronomist or other qualified professional. 7. Other. er professionals retained by Applicant to provide studies and an is required by this Code shall demonstrate qualification in the pecific field, to the satisfaction of the reviewing body. B. General Application Materials. The following basic materials are required for all applications for a Land Use Change Permit, including division of land. 1. Application Form. Application forms for a Land Use Change Permit shall be obtained from the Community Development Department. Completed application forms and accompanying materials shall be submitted to the Director by the owner, or any other person having a recognized fee title interest in the land for which a Land Use Change is proposed, or by any representative acting through written authorization of the owner. a. Authorized Representative. If the Applicant is not the owner of the land, or is a contract purchaser of the land, the Applicant shall submit a letter signed by the owner consenting to the submission of the application. b. Applicant is Not the Sole Owner. If the Applicant is not the sole owner of the land, the Applicant shall submit a letter signed by all other owners or an association representing all the owners, by which all owners consent to or join in the application. c. Applicant is an Entity. If the Applicant is an entity or a trust, the Applicant shall submit a letter consenting to submission of the application signed by a person authorized to encumber the property and a recorded Statement of Authority for that person. 2. Ownership. The application shall include a deed or other evidence of the owner's fee title interest in the land for which a Land Use Change is proposed. 3. Adjacent Property Owners and Mineral Owners and Lessees. If an application requires mailed notice, the application shall include the following: a. A list and a map of real property, the owners of record and mailing address, within a 200 -foot radius of the subject parcel as shown in the Office of the County Clerk and Recorder. Said list shall be generated at least 15 days prior to sending public notice. b. A list of mineral estate owners in the Subject Site, their name, and the mailing address for each owner or lessee. 4. Fees. Any application for a Land Use Change Permit must be accompanied by the appropriate fees. A schedule of fees is available through the Community Development Department. An estimated range of any potential fees will be disclosed in the pre -application conference summary. This estimate is nonbinding. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4-26 a. The costs of consultant and referral agency review are the responsibility of the Applicant. b. The County may require a deposit for payment of consultant and referral agency review fees, based upon estimated consultant review costs at the time of application, and in addition to the application fees. c. The County may suspend the application review process pending payment of consultant costs. 5. Project Description. A description of the project including a statement of need, and detailed information about the project such as timeline for development, hours of operation, number of employees, project size (acreage of the site), size of proposed buildings and structures (sq. footage, height), similar related attributes such as parking lot size, access roadway information, and overall capacity (i.e. gallons, barrels) or numbers of units or equipment (i.e. number of residential units, number of compressor units, pipeline size/length etc.), and an explanation of all functional aspects of the proposed facility such as the processes, activities, function, operations and maintenance that will occur as part of the project, 6. General Requirements for Maps and Plans. The following are general requirements for any map or plan submitted under the application and review procedures of this Code: a. Name or identifying title of the proposed development or use; b. Total area of the site, in acres; c. Name, address, and telephone number of the Applicant, person preparing the map or plan, designer, engineer, surveyor, and any other consultants of the Applicant; and d. Date of preparation, revision box, written scale, graphic scale, and north arrow. 7. Combination of Map and Plan Requirements. Applicant may request at a pre -application conference to combine various plan and specification requirements of this section into a single submission. The Director may allow combination of the plan requirements if: a. The information requested to be combined is similar; b. The requirements can be clearly mapped or drawn; and c. The Code requirements and sections can be labeled or otherwise clearly identified. 8. Applications for Major Projects. The Director shall inform the Applicant of any project that may include 200 or more employees of the additional application requirements, including: a. Estimated construction schedule; b. Number of employees for construction and operating work force; c. Direct and indirect tax bases and revenues associated with the project; and GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4-27 d. Total direct and indirect population associated with the project, including the rate, distribution, and demographic characteristics of the population change. C. Vicinity Map. n 8 -inch by 11 -inch Vicinity Map locating the parcel in the County. The Vicinity Map sh ll clearly show the parcel and the boundaries of the subject site and all property with t a 3 -mile radius of the subject parcel. D. ite Plan. Site Pia . shall be scaled at 1 -inch to 200 feet for properties exceeding 16 acres in size, or 1 inch t• 100 feet for properties less than 16 acres in size. The Director may require, or the Appli nt may choose to submit, a more detailed version of all or part of the Site Plan. The Sit Plan shall include the following elements: 1. L --•al description of the subject parcel; 2. Bo ,dary lines, corner pins, and dimensions of the subject site for the prop•. ed Land Use Change Permit, including land survey data to identify the su:'eat site with section corners, distance, and bearing to corners, quarter •rners, township, and range; 3. Existing ai • proposed topographic contours at vertical intervals sufficient to show the opography affecting the development and storm drainage; 4. Significant on . ite features including natural and artificial drainage ways, Wetland areas, •itches, hydrologic features, and aquatic habitat; geologic features and ha rds including Slopes, alluvial fans, areas of subsidence, rock outcrops an ockfall areas, radiological and seismic Hazard Areas, soil types, and la dslide areas; vegetative cover; dams, reservoirs, excavations, and min: s; and any other off-site features of the same type that influence the deve •ment; 5. Existing and proposed •-rking areas, driveways, emergency turn -outs and emergency turnarouns, sidewalks, and paths, shown by location and dimension; 6. Existing and proposed roads, ailroad tracks, irrigation ditches, fences, and utility lines on or adjacen to the parcel, shown by location and dimension; 7. Users and grantees of all existing a • proposed easements and rights-of- way on or adjacent to the parcel, sho + by location and dimension; 8. Area of the individual parcels, and t' - total square feet of existing buildings,, driveways, and parking area; 9. Zone district in which the site is located; 10. Location and dimension of all structures, e ting and proposed, and distance of structures from property lines; 11. Elevation drawings showing existing grade, Finish- • Grade, and height of the proposed structures above existing grade; 12. Location and size of leach field, sewer service ling , and treatment facilities to serve the proposed use; 13. The source and capacity of the water supply, including lac - ion and size of well(s) and/or water lines to serve the proposed use; and GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4-28 9/26/2017 Cargo Release # 2017-4711 John LG Sharko CHB 10005 N.W. 88th Avenue Miami, FL 33178 Phone: 305 599 1400 Cargo Release Number: 2017-4711 Release Date/Time: Sep/26/2017 10:06 AM Released By: Status: iji Loaded Released To Inland Carrier Information Contact: MATY Phone: (325) 646-8200 Carrier Name: PRO Number: Tracking Number: Driver Name: Driver License: Courier Name: Tracking Number: Status: THE TURTLE RESTAURANT 514 Center Ave Brownwood, TX 76801 Notes Applicable Charges Pcs WHR # Dimensions Part Number Package Weight Volume Vol. Weight Serial Number Description Lot Number Expiration Date 1 20170135 0.00x0.00x0.00in 02335 BASE 50 MB Carton 22.00 lb 0.00 ft3 L2340602335 0.00 vlb Dec/05/2018 TOTAL Pieces Weight Volume Vol. Weight 1 22.00 Ib 0.00 ft3 9.98 kg 0.00 vlb Tracking Details Date/Time Event Operation Location Details May/30/2017 08:23 AM Arrived at warehouse Warehouse Receipt : 20170135 1/1 � F�� 8��-�� v �_�� October 24.2U17 Garfield County Community Development Department 1OO8th 3tSuite 4U1 Glenwood Springs, CO 81601 Re: Mineral Rights Owners re 16411 Hwy 82 To whom t may concern, I, as general partner of the Applicant, Gatorcap, reviewed every recorded public document I could find regarding the property which is the subject matter of this application. As part of that search reviewed all recorded recorded documents since the original patent deed from the United States of America to Thomas McClure dated June 13, 1892 to the current date. Every mention of a mineral right was researched until it was extinguished. In addition to the public records search, | also questioned people with personal knowledge of this land from 1951 to current date, The only parties with a mineral interest in the subject land are the current owners, Oscar Cerise and Wilma Cerise Main Ranch Company, LLLP. Sincerely, David Arnold Gatorcap LLC 611 S West End St Unit 9 Aspen, CO 81611 305-790-6327 Page 1 of 1 Explanation of Acreage of Subject Parcel June 13, 1892 - 160± acres were conveyed to Thomas McClure by the U.S. government. In that deed, it reserved the right of owners of ore veins that penetrated or extended into the property to extract their ore. February 23, 1951 - Oscar and Wilma Cerise acquired fee simple interest in 129.38± acres of the 160± acres. Since 1951, said property has been owned and controlled by the same members of the Cerise family or their lineal descendants, individually or through various business entities including the current owner, Oscar Cerise and Wilma Cerise Main Ranch Company, LLLP (CMR). All of those entities are jointly referred to herein as the "Cerise Ranch". July 12, 1960 - Oscar and Wilma Cerise entered into an Oil and Gas Lease with Francis W Christensen which was recorded in the Public Records of Garfield County, CO in ORB 328 at page 225 with Reception #210201. No gas, oil or other minerals were ever recovered during the term of that lease and the lease expired by its express terms on July 12, 1963. June 13, 1994 - Oscar and Wilma Cerise conveyed the property described as 129.38± acres to Oscar Cerise and Wilma Cerise Main Ranch Company, LLLP (CMR) (*The current tax roles still show Oscar and Wilma as the owners and not Oscar Cerise and Wilma Cerise Main Ranch Company, LLLP, in error.) When CMR took title it acquired 129.38± acres, in T7S, R87W including: Sec 31, Part of Lot 1, Lots 8, 9 and part of 10 Sec 32, Lots 5 and 13 less the east 306.5' CMR had the property subdivided and took the 41.64± acres out of the original 129.38± acres. The portion of the original property that is under contract is: Sec 31, Part of Lot 1 and Lot 8 Sec 32 Lot 5 The tax records under Account Number R111311 for said property show in the Assessment History that the assessed acres total 28.860 acres. We believe who ever entered those numbers in the tax assessor's office meant to write "128.860 acres" because the legal summary in all of the tax records state the number of acres in each parcel which total was originally described and has always been described as 129.38 acres. Those parcels are: • Lot 1 - .32 acres • Lot 5 - 37.91 acres • Lot 8 - 75.23 acres • Lot 9 - 15.66 acres • Lot 10 - 12.17 acres • Lot 13 - 7.72 acres • Less some property which we believe is 26.606 acres So the net property shown on the same tax records as 28.860 acres also shows an adjusted total of 122.404 acres. Since this is "more or less", it is very close to the original deed that stated 129.38 acres. The actual Property Tax Notice sent to Cerise for 2016 taxes due in 2017 only makes reference to the legal description and acres taxed for the 129 acres and makes no mention of the 28.860 acres shown on the assessor's records. Also, the Tax Account Summary we received and dated 08/16/17, only describes the parcels included and the acres for each parcel which total about 129 acres. It also makes no mention of the 28.860 acres. Aspen Polo Partners purchased about 91 acres from TCI Lane Ranch but it did not include our 41 acres. They filed the wrong Legal with the assignment. They are being contacted to correct that error. The remainder of the 129 acres was sold to Aspen Polo Partners. AFFIDAVIT REGARDING MINERAL RIGHTS BEFORE ME the undersigned authority, personally appeared Michael B. Cerise who is personally known to me and who did swear and affirm the following: 1. Affiant is the General Partner of Oscar Cerise and Wilma Cerise Main Ranch Company, LLLP herein after referred to as MRC and has personal knowledge of the facts stated herein. 2. On February 23, 1951, Oscar Cerise and Wilma Cerise acquired a fee simple interest in the property legally described in Exhibit A attached hereto. Since the purchase date, said property has always been owned and controlled by the members of the Cerise family or their lineal descendants, individually or through various business entities including the current owner, MRC. All of those entities are jointly referred to herein as the "Cerise Ranch Family". 3. During their ownership of subject property and to their knowledge, prior thereto, no one has ever claimed to own or owned a vein of ore that penetrated or intersected said property. 4. Cerise Ranch Family entered an Oil and Gas lease dated 07/12/60 with Francis W Christensen, which was recorded in the Public Records of Garfield County, CO in ORB 328 at page 225 with Reception #210201. No gas, oil or other minerals were ever recovered during the term of that lease and the lease expired by its express terms on 07/12/63. 5. During the ownership of the subject property by the Cerise Ranch Family and except for the expired interest described in paragraph 4 above, no individual or entity other than the Cerise Ranch Family has ever had a right or claimed a right to any minerals on said property described in Exhibit A. Michael B. Cerise, General Partner Affiant Sworn to and subscribed before me this 17fhday of October 2017. IUN Cana Notify 10 1Oti1005507 My Commission s Feb 9, 2019 Book 257 Page 110 Recorded at- $arch • ReceptionNo1lFLI ..:. .._C138.W.rs._ee�$Sl. _....._._.....Recorder. Trak DEED, Made this year of our Lord one thousand nine hundred and 51 NPRGARET R. PHIPPS of the City and county of .Denver Colorado, of the first part, and OSCAR CERISE and WILMA CERISE of the County of Garfield Colorado, of the second part: . WITNESSETH, that the said part y of the first part, for and in consideration of the cum of Twenty Thousand Seven Hundred -----••-($20,700) to the said part y of the first part in hand paid by the said parties of the second part; the receipt whereof is hereby confessed and acknowledged, ha s granted, bargained, sold and conveyed, and by these presents do es grant, bargain, sell, convey and confirm unto the said parties of the second part, not in tenancy in common but in joint tenancy, the survivor of them, their assigns and the heire and assigns of such survivor forever, all the following described lot g or parcel s of land, situate, Iying and being in the County of Garfield and State ofColorado, to -wit: Lots and 9; Sec. 31; ots 5 and 13; Sec. 32, all in T. 7 S., R. $7 W. 6th P. M., except.a trip of land 306.5 feet in/width off of the Easterly side of said Lots 5 and 13, and also excepting a *strip of ground'one acre in extent here- ofore conveyed to School District No. $ for school purposes, and also xcepting a strip of ground over and across said lands as now used for oad purposes as State Highway No. $2. here is also excepted and reserved herefrom all oil and gas heretofore eserved by instruments of record. ogether with any and all ditch and water rights belonging to or used pon or in connection with the above described lands, including, but not xclusively, all of seller's• right, title and interest in and to Basin itch, the Lower Ditch, and the Middle Ditch in Water District No. 3$ TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, ieeoet and profits thereof; and all the estate, right, title, interest, intim and demand whatsoever of the said part y of the first part, either in Iaw 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. said parties of the second part, the survivor of them, their assigns, and the heirs and assigns of such survivor, for- ever. And the said party of the first part, for hersei f her heirs, executors, and administra- tors do es covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, that at the time of the ensealing and delivery of these presents, she is well seised of the premises above conveyed, as of good, sure, perfect, absolute and inde- feasible estate of inheritance, in law, in fee simple, and ba 5 good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever, dap of • February , between in the and State of and State of DOLLARS, and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part y of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said part y seal the day and year first above written. Signed, Sealed and Delivered in the Presence of of the first part ha S ................_. DAL1FOftI� STATE OFM�'Y�W, s Angel es�ss. City andoounty of rirltk i hereunto set.her hand and NAL] .ESEAL] The foregoing instrument was acknowledged before me this F ebru 173- °4', A. D. 19 51 ,Nr, Margaret R. Phipps. 23rd day of 9 My commission expires August 7, >19 53 . Witness my hand and official set?..,,' ' a� ;11:.'x1111; /./..1:1; /J- y . � v` a FF.`' 57, te,' J�'"" -:'t✓� � ''�p'a.,r mv.- OTARY PUBLIC in an I • ' o_ 1 V 3 j b d for the Coamtri ?(if c�r•.i? of los Angeles. State of California. - t�'i%%a A�;+.+'++ :','''$, i --- ?INA„uj l ,\/� cot r`,^.\ M1ir t Y%��//- 17n inti ' ,e,to till 't -':'g ; .5dfra. ltebianon'. Legal Hh,aka,1044 Stent St, Denver, Colo. on acting in representative or official capacity or as eother capacity or description; if ay otYntcer or cor- s• offiooro of Bitola corporation, naming it-- Stetatory gatorcap September 26, 2017 David Pesnichak, AICP Senior Planner Garfield County Community Development Department 108 8th St Suite 401 Glenwood Springs, CO 81601 Dear David, Enclosed is our Comprehensive Plan Text and FLUM applications for the property located at 16411 Hwy 82, Carbondale, CO 81623. I look forward to working with you and your team. Please have Lindsay or Brooke contact me for payment by credit card. a. Text Amendment Application = $450 b. FLUM Amendment Application = $450 c. Total = $900.00 Regards, Ken Arnold Office: 305-921-4632 Mobile: 305-790-6327 4770 Biscayne Blvd Ste 720, Miami, FL 33137 www.gatorcap.com Index 01. Cover Letter 02. Application a. LUCP Application i. Legal Description ii. Statement of Authority - Michael Cerise for Main Ranch Co iii. Statement of Authority - Ken Arnold for Gatorcap iv. Letter of Authorization - Ken Arnold rep Main Ranch Co b. Deed c. Adjacent Owners i. List of Adjacent Property Owners ii. List of Mineral Estate Owners d. Fees 03. Vicinity Map 04. Pre Application Conference Summary 802474 05/12/2011 10:51:01 AM Page 1 of 9 Jean Alberico, Garfield County, Colorado Rec Fee: $51.00 Doc Fee: $0.00 eRecorded MID VALLEY METROPOLITAN DISTRICT RESOLUTION NO., SERIES OF 2011 A RESOLUTION OF THE BOARD OF DIR'ORS OF THE MID VALLEY METROPOLITAN DISTRICT APPROVING THE PETITION FOR INCLUSION OF OSCAR AND WILMA CERISE MAIN BANcH COMPANY, DIRECTING THE ATTORNEYS OF THE DISTRICT TO TAKE SUCH ACTIONS AS ARE REQUIRED BY STATUTES FOR SPECIAL DISTRICT INCLUSIONS, AND APPROVING AN INCLUSION AGREEMENT. WHEREAS, Mid Valley Metropolitan District (hereinafter "District") is a Colorado special district formed and functioning by authority of C.R.S. § 32-1-101 et q.; and WHEREAS, C.R.S. § 32-1-401 et seq. contains reftuirements and procedures for inclusion of new areas within special districts; and WHEREAS, the Board of Directors received a Petition for Inclusion dated February 25, 2011, within the District from Oscar and Wilma Cerise Main Ranch Company, which is the fee and equitable owner of one hundred percent (100%) of the real property sought to be included within the District, which real property is more particularly described on Exhibit A attached hereto and incorporated herein by this reference (hereinafter "Property"); and WHEREAS, pursuant to C.R.S. § 32-1-401(1)(b), Notice of a Public Meeting to consider the Petition will be published in The Glenwood Sprines Post Independent and The Aspen Times Daily newspaper on March 13`s, 14th, 15th, 16th, and 17th, 2011; and WHEREAS, no municipality or county which may have been able to provide service to the property proposed for inclusion, or any person in the existing District, filed a written objection to the inclusion of the Property or appeared in person to object thereto; and WHEREAS, C.R.S. § 32-1-401(3) provides that letter notification of a meeting to consider a Petition for Inclusion shall not be necessary where the Petitioners represent one hundred percent (100%) of the property owners in the area to be included; and WHEREAS, the Board of Directors held a public hearing to consider the Petition on March 17, 2011; and WHEREAS, the Board of Directors conceptually approved said inclusion at the meeting on March 17, 2011, pursuant to C.R.S. § 32-1-401(1)(c)(I), subject to the terms and conditions of an Inclusion Agreement to be entered into between the parties; and WHEREAS, the Board of Directors finds that the District is capable of providing water and sewer service to the property proposed for inclusion and deems it to be in the best interest of the District to include said property within the District. , NOW, THEREFORE, BE 1T RESOLVED by the Board of Directors of the Mid Valley hard tb 2011 802474 05/12/2011 10:51:01 AM Page 2 of 9 Jean Alberico, Garfield County, Colorado Rec Fee: $51.00 Doc Fee: $0.00 eRecorded Metropolitan District that: 1. The Petition for Inclusion of the Oscar and Wilma Cerise Main Ranch Company is hereby granted to include within the District the Property subject to the terms and conditions of the Inclusion Agreement between the parties. 2. The attorneys for the District shall take such actions as are necessary and proper under state law to formalize the inclusion of said property within the District, including the filing of a Motion and proposed Order with the Eagle County District Court and filing a copy of the resulting Order with the Garfield County Clerk and Recorder, subject to the terms of Paragraph 7 of the attached Inclusion Agreement. 3. The Inclusion Agreement attached hereto as Exhibit B is hereby approved, and the President and Secretary are authorized to execute said agreement on behalf of the District. The Inclusion Agreement shall be recorded in the office of the Garfield County Clerk and Recorder. Read and adopted this 17th day of March, 2011, by the Board of Directors of Mid Valley Metropolitan District by a vote of 5 too . MID VALLEY METROPOLITAN DISTRICT By President ATTEST: 802474 05/12/2011 10:51:01 AM Page 3 of 9 Jean Alberico, Garfield County, Colorado Rec Fee: $51.00 Doc Fee: $0.00 eRecorded LEGAL DEaCRIPTION - NORTHERLY CERISE PARCEL A TRACT OF LAND SITUATED IN LOTS 1 AND 8 OF SECTION 31'AND IN LOT 5 OF SECTION 32, AU. IN TOWNSHIP 7 SOUTH, RANGE 87 WEST,OF THE 6h PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, LYING NORTHERLY OF AND ADJACENT TO THE NORTHERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NO. 82 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: • • BEGINNING AT THE INTERSECTION OF THE WESTERLY BOUNDARY LINE OF SAID LOT 8 AND THE NORTHERLY RIGHT-OF•WAY UNE OF SAID HIGHWAY NO. 82 WHENCE A STONE FOUND' IN PLACE FOR THE WITNESS CORNER TO THE NORTHEAST CORNER OF SAID SECTION 31 BEARS N 41.44'10'E 1355.70 FEET; THENCE 8 79°55'52°E 2351.84 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY LINE TO A POINT ON THE WESTERLY BOUNDARY UNE OF A PARCEL OF LAND DESCRIBED IN BOOK514 AT PAGE 870 AS RECEPTION NO. 288099 OF THE RECORDS OF THE GARFIELD COUNTY CLERK AND RECORDER, ALSO BEING A POINT IN A FENCE AS BUILT AND IN PLACE; THENCE ALONG SAID FENCE ON THE FOLLOWING FIVE(5) COURSES: N 00°33'35"W 538.41 FEET; THENCE N 01°36'00"W 43.77 FEET; THENCE N 03°34'31°W 79.03 FEET; THENCE N 00°00'384E 208.86 FEET; THENCE N 81°12'52°W 238.22 FEET; THENCE LEAVING SAID FENCE ON A COURSE BEARING NORTH 'FOR 4.31 FEET TO A POINT ON THE NORTHERLY BOUNDARY UNE OF SAID LOT 5IN SAID SECTION 32; THENGE'WE$T 1835.42 FEET ALONG THE NORTHERLY BOUNDARY LINES OF SAID LOT 5 IN SAID SECTION 32 AND LOT 8 IN SAID SECTION 31; THENCE N 60444'03"W 298.83 FEET; THENCE S O0°02'13"E 723.71 FEET TO THE POINT OF BEGINNING, CONTAINING 41.84 ACRES MORE OR LESS. Exhibit A 802474 05/12/2011 10:51:01 AM Page 4 of 9 Jean Alberico, Garfield County, Colorado Rec Fee: $51.00 Doc Fee: $0.00 eRecorded MID VALLEY METROPOLITAN DISTRICT OSCAR AND WILMA CERISE MAIN RANCH COMPANY INCLUSION AGREEMENT Apr This Inclusion Agreement (hereinafter the "Agreement") is made and entered into this 2 15f" day bf Mareh; 2011 by and between the Mid Valley Metropolitan District, a Colorado special district whose address is 0031 Duroux Lane, Suite A, Basalt, Colorado 81621 (hereinafter the "District"), and Oscar and Wilma Cerise Main Ranch Company, whose address is 0086 County Road 104, Carbondale, CO 81623 (hereinafter the "Petitioner"). WITNESSETH: WHEREAS, the District and Petitioner desire to set forth their understandings and agreements concerning the inclusion of the Petitioner's property, known as the Oscar and Wilma Cerise Main Ranch Company and more particularly described on Exhibit A attached hereto and incorporated herein by this reference, (hereinafter, the "Property") into the District and the provision of sanitary sewer and water services to the Property. NOW, THEREFORE, for and in consideration of the mutual covenants and promises of the parties, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties, on behalf of themselves and their successors, assigns, devisees, or transferees, agree as follows: 1. District Rules and Regulations. The Petitioner hereby consents to be bound by, and agrees that the Property itself shall be subject to, the District's Rules and Regulations adopted April 15, 2008, as amended from time to time (the "Rules and Regulations"). Additionally, upon entry of an Inclusion Order the Property shall be subject to all taxes, fees, rates, tolls, and charges now in effect or which may later be levied or collected by the District. Further, all connections to the District Water or Sewer Systems and all lines for water or sewer service on the Property shall be made in accordance with the Rules and Regulations and technical specifications of the District. 2. Water and Sewer Tap Fees / Connection. The District and Petitioner acknowledge that, for each Lot on the Property, Petitioner or its successor Lot buyer(s) shall submit an Application for Water and Sewer Service to the District pursuant to, and at the time required by, the Rules and Regulations, pay the District's Water and Sewer Tap Fees then in effect, and connect to the District's Water and Sewer Systems. The parties further agree that as a condition of inclusion of the Property, Petitioner shall enter into a System Development Fee Purchase Agreement with the District providing for one half of the total Tap Fees owed for all development to occur on the Property, to be paid on an equal, phased basis over a five year period commencing in the first calendar year after the recording of the first Final Subdivision Plat for the Property. The System Development Fee Purchase Agreement to be executed by the parties prior to the first Final Subdivision Plat approval for the Property shall address the terms and conditions of this obligation in greater detail. In the event that each Lot is served by raw water irrigation as provided in Paragraph 4 below, the total 1 III1II11111IIIIII111111111111111UlliIII11111IIII1111 705846 09/01/2006 11:44A B1838 P337 M ALSDORF 1 of 5 R 26.00 D 0.00 GARFIELD COUNTY CO QUIT CLAIM DEED FOR WATER RIGHTS THIS DEED made this 31" day of August, 2006, between the Oscar Cerise and Wilma Cerise Main Ranch Company, L.L.L.P., a Colorado registered limited liability limited partnership, whose address is 0086 County Road 104, Carbondale, Colorado 81623 (hereinafter, "Grantor"), and TCI Lane Ranch, LLC, a Colorado limited liability company, whose principal business address is 19351 Highway 82, Carbondale, CO 8162.3 (hereinafter, "Grantee"); WITN ESSETH: THAT GRANTOR, for and in consideration of Ten and no/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the Grantee, its successors, transferees and assigns, without warranty, all the right, title, interest, claim and demand which Grantor has in and to the Appurtenant Water Rights that have become appurtenant to the parcel of land described in Exhibit A attached hereto and incorporated herein by this reference, by historical beneficial use for irrigation, stock watering and domestic purposes, which Appurtenant Water Rights are listed and described in Exhibit B, attached hereto and incorporated herein by this reference. TO HAVE AND TO HOLD the same, together with all structure rights associated with the Appurtenant Water Rights, rights-of-way for inspection, operation, maintenance, repair and replacement of all ditch structures associated with the Appurtenant Water Rights, and all and the singular the appurtenances and privileges thereto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the Grantor either in law or in equity, to the only proper use, benefit and behoof of the Grantee, its successors, transferees and assigns forever. IN WITNESS WHEREOF, Grantor has executed this deed on the date set forth above. GRANTOR Oscar Cerise and Wilma Cerise Main Ranch Company, L.L.L.P. By: Clturd O. Cerise, General Partner 15- & -.). Quit Claim Deed for Water Rights Page No. 1 of 2 PIA Land dEle I1A1c. Tb 34tT 7ottNsor4 , arSt4 yZ0 S. ANA in.) LT.,SMIFB Li0 AsPgnt, (.0 51611 1111111 1111 011111 1111 1111 1111111 MI 111 11111 1111 1111 705846 09/01/2006 11 44A B1838 P338 M ALSDORF 2 of 5 R 26.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO COUNTY OF GARFIELD ) ss. ) Acknowledged, subscribed and sworn to before me this 31" day of August 2006, by Clifford O. Cerise, General Partner, Oscar Cerise and Wilma Cerise Main Ranch Company, L.L.L.P. Witness my hand and official seal. My commission expires 5h )/ . LAm Notary Public Quit Claim Deed for Water Rights Page No. 2 of 2 1111111111111111111 111111111111111 IIIII 1111111111111111 705846 09/01/2006 11:44A 81838 P339 M ALSDORF 3 of 5 R 26.00 D 0.00 GARFIELD COUNTY CO EXHIBIT A to QUIT CLAIM DEED FOR WATER RIGHTS LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN LOTS 8. 9 AND 10 OF SECTION 31 AND IN LOTS 5 AND 13 OF SECTION 32. ALL IN. TOWNSHIP 7 SOUTH. RANGE 87 WEST OF THE 6th PRINCIPAL MERIDIAN. GARFIELD COUNTY. COLORADO. LYING SOUTHERLY OF AND ADJACENT TO THE SOUTHERLY RIGHT-OF- WAY LINE OF OLD STATE HIGHWAY NO. 82 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON SAID SOUTHERLY RIGHT-OF-WAY LINE WHENCE A STONE FOUND IN PLACE FOR THE WITNESS CORNER TO THE NORTHEAST CORNER OF SAID SECTION 31 BEARS N 26'00.43'E 1433.52 FEET: THENCE S 79'58'52'E 2125.37 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE TO THE NORTHWEST CORNER PARCEL OF LAND DESCRIBED IN BOOK 1013 AT PAGE 423 OF THE RECORDS OF THE GARFIELD COUNTY CLERK AND RECORDER: THENCE ALONG THE WESTERLY BOUNDARY LINE OF SAID PARCEL ON THE FOLLOWING TWO (2) COURSES: S 04'55'00'W 461.90 FEET: THENCE S 01'00.00'E 861.25 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF THE ROARING FORK TRANSIT AUTHORITY RAILROAD RIGHT-OF- WAY: THENCE 169.57 FEET ALONG SAID NORTHERLY RAILROAD RIGHT- OF-WAY LINE ON THE ARC OF A 1565.69 FOOT RADIUS CURVE TO THE LEFT. THE CHORD OF WHICH BEARS S 54'32'43'W 169.49 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF SAID LOT 13: THENCE N 89'54'14'W 651.37 FEET ALONG THE SOUTHERLY BOUNDARY LINE OF SAID LOT 13 TO THE NORTHEAST CORNER OF SAID LOT 10: THENCE S 00'10'37-E 354.80 FEET ALONG THE EASTERLY BOUNDARY LINE OF SAID LOT 10 TO A POINT IN THE CENTER OF THE ROARING FORK RIVER: THENCE ALONG THE CENTER OF SAID ROARING FORK RIVER ON THE FOLLOWING SEVEN (7) COURSES: S 86'53 04 W 294.14 FEET: THENCE S 85'32'23-W 117.60 FEET: THENCE S 78'29.25'W 123.94 FEET: THENCE S 89'17'47-W 118.54 FEET: THENCE S 67'42'27'W 386.40 FEET: THENCE S 62'48'I8'W 124.67 FEET: THENCE S 57'58.42'W 235.29 FEET TO A POINT ON THE EASTERLY BOUNDARY LINE OF BLUE CREEK RANCH RECORDED AS RECEPTION NO. 623535 IN THE RECORDS OF THE GARFIELD COUNTY CLERK AND RECORDER: THENCE ALONG THE EASTERLY BOUNDARY LINE OF SAID BLUE CREEK RANCH ON THE FOLLOWING THREE (3) COURSES: N 00'10'37'W 736.64 FEET: THENCE N 89'54 14 W 231.46 FEET: THENCE N 00'02 13 W 1677.90 FEET TO THE SOUTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN BOOK 333 AT PAGE 511 OF THE GARFIELD COUNTY RECORDS: THENCE S 79'52'12'E 278.00 FEET ALONG THE SOUTHERLY BOUNDARY LINE OF THE PARCEL DESCRIBED IN SAID BOOK 333 AT PAGE 511 TO THE SOUTHEAST CORNER OF SAID PARCEL: THENCE N 00'02'13'W 156.69 FEET ALONG THE EASTERLY BOUNDARY LINE OF SAID PARCEL TO THE POINT OF BEGINNING. CONTAINING 100.52 ACRES MORE OR LESS. Exhibit A 1111)111111111111111111111111111111111111111111NAL 705846 09/01/2006 11 44A 81838 P340 M RLSDORF 4 of 5 R 26.00 D 0.00 GARFIELD COUNTY CO EXHIBIT B to QUIT CLAIM DEED FOR WATER RIGHTS APPURTENANT IRRIGATION WATER RIGHTS All of Grantor's one-half (th) interest in 1.5 cubic feet of water per second of time (hereinafter "cfs"), absolute by original construction, decreed for diversion of water from the Roaring Fork River in the Lower Ditch, Prioriry No. 23, said one-half ('h) interest being 0.75 cfs for irrigation use with an appropriation date of April 15, 1882. 44.5% of Grantor's one-seventh ('/7) interest in the 5.0 cfs, absolute by original construction, decreed for the diversion of water from the Roaring Fork River in rhe Basin Ditch, Priority No. 49, said 44.5% of a one-seventh ('/7) interest being 0.318 cfs, for irrigation use with an appropriation date cif October 20, 1882. All of Grantor's one-third ('i;) interest in the 5.0 cfs, absolute by original construction, decreed for the diversion of water from the Roaring Fork River in the Middle Ditch, Priority No. 83, said one-third ('/}) interest being 1.67cfs, for irrigation use with an appropriation date of April 17, 1884. 44.5% of Grantor's one-seventh ('/7) interest in the 5.0 cfs, absolute by enlargement, decreed for the diversion of water from the Roaring Fork River in the Basin Ditch, First Enlargement, Priority No. 108, said 44.5% of a one-seventh ('/7) interest being 0.318 cfs, for irrigation use with an appropriation date of March 27, 1885. 44.5% of Grantor's one-seventh ('/7) interest in the 1.8 cfs, absolute by second enlargement, decreed for the diversion of water from the Roaring Fork River in the Basin Ditch, Ryan Enlargement, Priority No. 137, said 44.5% of a one-seventh ('/7) interest being 0.114 cfs, for irrigation use with an appropriation date of March 25, 1886. 44.5% of Grantor's one-seventh (1/7) interest in the 33.2 cfs, absolute, decreed for the diversion of water from the Roaring Fork River in the Basin Ditch, Third Enlargement, Priority No. 294, said 44.5% of a one- seventh (1/7) interest being 2.11 cfs, for irrigation use with an appropriation date of March 1, 1890. APPURTENANT LIVESTOCK WATERING RIGHT All of Grantor's one-half (l) interest in 3.0 cfs, absolute, decreed for the diversion of water from Blue Creek in the C. C. Cerise - Gilligan Ditch, with an associated consumptive use of 0.033 cfs pursuant to the final decree entered by the District Court, Water Division No. 5, State of Colorado on August 31, 1992 in Case No. 90CW196, said one-half ('h) interest being 1.5 cfs, for livestock watering use with an appropriation date of February 20, 1988. EXHIBIT B Page 1 of 2 111111111111111111111111111111111111111111111111111111 705846 09/01/2006 11 44A B1838 P341 M ALSDORF 5 of 5 R 26.00 D 0.00 GARFIELD COUNTY CO EXHIBIT B to QUIT CLAIM DEED FOR WATER RIGHTS APPURTENANT DOMESTIC UNDERGROUND WATER RIGHTS Grantor's entire interest in 0.033 cfs, absolute, for rhe diversion of tributary groundwater at the Oscar Cerise Well No. 1 for domestic purposes pursuant to the final decree entered by the District Court, Water Division No. 5, State of Colorado on January .5, 1973 in Case No. W-890, with an appropriation date of July 28, 1969. Grantor's entire interest in 0.033 cfs, absolute, decreed for the diversion of tributary groundwater at rhe Oscar Cerise Well No. 2 for domestic purposes pursuant to the final decree entered by the District Court, Water Division No. 5, State of Colorado on January 5, 1973 in Case No. W-890, with an appropriation date of May 22, 1962. Grantor's entire interest in 0.033 cfs, absolute, decreed for the diversion of tributary groundwater at the Oscar Cerise Well No. 3 for domestic purposes pursuant to the final decree entered by the District Court, Water Division No. 5, State of Colorado on January 5, 1973 in Case No. W-890, with an appropriation date of December 31, 1883. Grantor's entire interest in 0.033 cfs, absolute, decreed for the diversion of tributary groundwater at the Oscar Cerise Well No. 4 for domestic purposes pursuant to the final decree entered by the District Court, Water Division No. 5. State of Colorado on January 5, 1973 in Case No. W-890, with an appropriation date of December 31, 1884. EXHIBIT B Page 2 of 2 1111111 11111 1111111 1111 1111 1111111 11111111 1111111111111 705845 09/01/2006 11741A 81838 P333 M RLSDORF 1 of 4 R 21.00 0 500.00 GARFIELD COUNTY CO GENERAL WARRANTY DEED THIS DEED, made this 36 day of August, 2006, between Oscar Cerise and Wilma Cerise Main Ranch Company, L.L.L.P., a Colorado limited liability limited partnership ("Grantor") whose address is 0086 Country Road 104, Carbondale, CO 81623 and TCI Lane Ranch, LLC, a Colorado limited liability company. ("Grantee") whose address is 19351 Highway 82, Carbondale, CO 81623 WITNESSETH: That the Grantor and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration. the receipt and sufficiency of which is hereby acknowledged, hereby sell, and conveys to the Grantee, its successors and assigns forever, the following real property in the County of Garfield and State of Colorado: See the attached Exhibit "A" incorporated by reference herein. TOGETHER with all its appurtenances and warrants title to the same and singular the hereditaments and appurtenances thereunto 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, its heirs, successors and assigns forever. And the Grantor, for itself. its heirs, successors and personal representatives, does covenant, grant, bargain and agree to and with the Grantee, its heirs, successors and assigns. that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form 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 so ever, SUBJECT TO AND EXCEPTING all real property taxes for 2006, due and payable in 2007 and those exceptions listed on the attached Exhibit "B". The Grantor shall wanant and defend the above bargained premises in the quiet and peaceable possession of the Grantees, its heirs, successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. Oscar Cerise and Wilma Cerise Main Ranch Company, L. L. L. P., a Colorado limited liability limited partnership, Grantor. STATE OF COLORADO ) ss. COUNTY OF GARFIELD lam. by: Cf rd O. Cerise, General Partner �1A�/ 'A 1 �CyZ�IK.Y4 .CZ 2t Evelyn SlYowalter en a Partner E y , G er I by: Betty Hack arth, Genf* Partner The foregoing was subscribed and sworn to before me this day of hrnspL696 by Clifford O. Cerise General Partner, Evelyn Showalter, General Partner and Betty Hackbarth, General Partner of the Oscar Cerise and Wilma Cerise Main Ranch Company L.L.L.P.. Witness my hand and official seal. My commission expires: 5/40 Free { 432 - PC Publ c Sp� / Notary BART h6,. Ta: :opt. Esv. 3-0044 qia E, mAHJ ar.,S..aye=to ASPEN , LJ $[t+11 1111111111111111111111111111111111111111111111111111111 705845 09/01/2006 11:418 61838 P334 M ALSDORF 2 of 4 R 21.00 D 500.00 GARFIELD COUNTY CO EXHIBIT A A TRACT OF LAND SITUATED IN LOTS 8, 9 AND 10 OF SECTION 31 AND IN LOTS 5 AND 13 OF SECTION 32, ALL IN TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, LYING SOUTHERLY OF AND ADJACENT TO THE SOUTHERLY RIGHT OF WAY LINE OF OLD STATE HIGHWAY 82 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON SAID SOUTHERLY RIGHT OF WAY LINE WHENCE A STONE FOUND IN PLACE FOR THE WITNESS CORNER TO THE NORTHEAST CORNER OF SAID SECTION BEARS N 26 DEGREES 00' 43" E 1433.52 FEET; THENCE S 79 DEGREES 58' 52" E 2125.37 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO THE NORTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN BOOK 1013 AT PAGE 423 OF THE RECORDS OF THE GARFIELD COUNTY CLERK AND RECORDER; THENCE ALONG THE WESTERLY BOUNDARY LINE OF SAID PARCEL ON THE FOLLOWING TWO (2) COURSES: S 04 DEGREES 55' 00" W 461.90 FEET; THENCE S 01 DEGREES 00' 00" E 861.25 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF THE ROARING FORK TRANSIT AUTHORITY RAILROAD RIGHT OF WAY; THENCE 169.57 FEET ALONG SAID NORTHERLY RAILROAD RIGHT OF WAY LINE ON THE ARC OF A 1565.69 FOOT RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH BEARS S 54 DEGREES 32' 43" W 169.49 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF SAID LOT 13; THENCE N 89 DEGREES 54' 14" W 651.37 FEET ALONG THE SOUTHERLY BOUNDARY LINE OF SAID LOT 13 TO THE NORTHEAST CORNER OF SAID LOT 10; THENCE S 00 DEGREES 10' 37" E 354.80 FEET ALONG THE EASTERLY BOUNDARY LINE OF SAID LOT 10 TO A POINT IN THE CENTER OF THE ROARING FORK RIVER; THENCE ALONG THE CENTER OF SAID ROARING FORK RIVER ON THE FOLLOWING SEVEN (7) COURSES: S 86 DEGREES 53' 04" W 294.14 FEET; THENCE S 85 DEGREES 32' 23" W 117.60 FEET; THENCE S 78 DEGREES 29' 25" W 123.94 FEET; THENCE S 89 DEGREES 17' 47" W 118.54 FEET; THENCE S 67 DEGREES 42' 27" W 386.40 FEET; THENCE S 62 DEGREES 48' 18" W 124.67 FEET; THENCE S 57 DEGREES 58' 42" W 235.29 FEET TO A POINT ON THE EASTERLY BOUNDARY LINE OF BLUE CREEK RANCH RECORDED AS RECEPTION N0. 623535 IN THE RECORDS OF THE GARFIELD COUNTY CLERK AND RECORDER, THENCE ALONG THE EASTERLY BOUNDARY LINE OF SAID BLUE CREEK RANCH ON THE FOLLOWING THREE (3) COURSES: N 00 DEGREES 10' 37" W 736.64 FEET; THENCE N 89 DEGREES 54' 14" W 231.46 FEET; THENCE N 00 DEGREES 02' 13" W 1677.90 FEET TO THE SOUTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN BOOK 333 AT PAGE 511 OF THE GARFIELD COUNTY RECORDS; THENCE S 79 DEGREES 52' 12" E 278.00 PEET ALONG THE SOUTHERLY BOUNDARY LINE OP THE PARCEL DESCRIBED IN SAID BOOK 333 AT PAGE 511 TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE N 00 DEGREES 02' 13" W 156.69 FEET ALONG THE EASTERLY BOUNDARY LINE OF SAID PARCEL TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO GN249394 Forms 426, 430 EXH[8ITA1 01/17/03 111111 11111 1111111 1111 1111 1111111 11111 III 11111 1111 1111 705845 09/01/2006 11:41A 81838 P335 M ALSDORF 3 of 4 R 21.00 D 500.00 GARFIELD COUNTY CO EXHIBIT J Our Order No. GW249394-4 RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED May 02, 1903, IN BOOK 73 AT PAGE 167. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED August 11, 1894, IN BOOK 12 AT PAGE 333 AND RECORDED MAY 2, 1903 IN BOOK 73 AT PAGE 167. RESERVATION OF A RIGHT-OF-WAY FOR DITCHES OR CANALS AS DESCRIBED IN INSTRUMENT RECORDED AUGUST 11. 1894 IN BOOK 12 AT PAGE 333. RESERVATION OF AN UNDIVIDIED ONE-HALF INTERST IN AND TO ANY AND ALL OIL, GAS RIGHTS IN OR UNDER SAID LAND DESCRIBED IN DEED RECORDED IN BOOK 208 AT PAGE 584. ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN (ITEM INTENTIONALLY DELETED) AN UNDIVIDED ONE-HALF INTEREST IN AND TO SAID OIL AND GAS RIGHTS IN OR UNDER SAID LANDS IN DEED RECORDED APRIL 12, 1961 IN BOOK 333 AT PAGE 302, ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED October 19, 1961 IN BOOK 337 AT PAGE 229. TERMS. CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED January 31, 1974 IN BOOK 454 AT PAGE 457. TERMS, CONDITIONS AND PROVISIONS OF RIGHT-OF-WAY EASFMENT RECORDED October 22, 1975 IN BOOK 479 AT PAGE 875. ANY QUESTION, DISPUTE OR ADVERSE CLAIMS AS TO ANY LOSS OR GAIN OF LAND AS A RESULT OF ANY CHANGE IN THE RIVER BED LOCATION BY NATURAL OR OTHER THAN NATURAL CAUSES, OR ALTERATION THROUGH ANY CAUSE, NATURAL OR UNNATURAL. OF THE CENTER THREAD, BANK, CHANNEL OR FLOW OF WATERS IN THE ROARING FORK RIVER LYING WITHIN SUBJECT LAND; AND ANY QUESTION AS TO THE LOCATION OF SUCH CENTER THREAD, BED, BANK OR CHANNEL AS A LEGAL DESCRIPTION MONUMENT OR MARKER FOR PURPOSES OF DESCRIBING OR LOCATING SUBJECT LANDS. RIGHTS OF ACCESS INSTRUMENT RECORDED DECEMBER 27, 1993 IN BOOK 887 AT PAGE 640 AND INSTRUMENT RECORDED AUGUST 26, 1992 IN BOOK 840 AT PAGE 224. EASEMENTS FOR DITCHES AND OVERHEAD POWERLINE AS SHOWN ON IMPROVEMENT SURVEY DATED DECEMBER 27. 2005 PREPARED BY LINES IN SPACE. 1 111111 11111 1111111 1111 1111 1111111 11111 111 11111 1111 101 705845 09/01/2006 11:41A 81838 P336 M ALSDORF 4 of 4 R 21.00 D 500.00 GARFIELD COUNTY CO EXHIBIT J3 Our Order No. GW249394-4 POSSESSORY RIGHTS OUTSIDE OF FENCELINE ALONG THE EASTERLY BOUNDARY AS SHOWN ON IMPROVEMENT SURVEY DATED DECEMBER 27, 2005 PREPARED BY LINES IN SPACE. • JUN 1 4 1994 '��' Recorded at '/ o'clock •.?M sot)110905 PAGi 1 12 Reception No. 464558 L Recorder. Qudehthrt geed KNOW ALL MEN BY THESE PRESENTS THAT OSCAR CERISE and WILMA CERISE First Party 0281 County Road 105 P.O. Box or Street Address Carbondale, Colorado 81623 City State Zip RECORDER GARFI ELD State Doc. Fee • 5 F4,� JUN 1 4 199 ❑ a Colorado Corporation ❑ a Partnership ❑ a Limited Partnership ❑ for and in consideration of ten dollars and other valuable consideration, in hand paid, hereby sells and quitclaims to OSCAR CERISE AND WILMA CERISE MAIN RANCH COMPANY Second Party 0086 County Road 104 P.O. Box or Street Address Carbondale, Colorado 81623 City State Zip the following described property in the County of Garf i el d ' ❑ individually joint tenancy ❑ tenancy in common O a Colorado Corporation ® a Partnership ❑ a Limited Partnership and State of Colorado: Oscar Cerise and Wilma Cerise Roaring Fork River Ranch as particularly described in Exhibit "A" attached hereto and by reference made a part hereof. with all its appurtenances. EXECUTED this 13th day of June , A D1994 • STATE OF COLORADO ss. COUNTY OF GARFIELD Oscar/JBrise Oscar Cerise as attorney in fact for Wilma Cerise The foregoing instrument was acknowledged before me this 13th day of June 19 94 by Oscar Cerise and Oscar Cerise as attorney in fact for Wilma Cerise. Witness my hand and official seal. My commission expires: 2-27-97 NOTE: Mark applicable square with x. Singular shall Include plural as context requires. 1 Notary Public • After recording return to: Petre &ERec6eET8.Pe:—Eorm,2 Drawer 400, Glenwood Springs, CO 81602 f L I l I U B> EXHIBIT "A" TO BE ATTACHED TO A QUJTCLAIM DEED FROM OSCAR CERISE AND WILMA CERISE AS FIRST PARTY TO OSCAR CERISE AND WILMA CERISE AS SECOND PARTY OSCAR CERISE AND WILMA CERISE ROARING FORK RIVER RANCH Township 7 South, Range 87 West of the 6th P.M. Section 31: 800)(0905= 11.1 i That part of Lot 1 as particularly described in a quitclaim deed from John R. Carlson and Portia A. Carlson, recorded as Document No. 289765 in Book 518 at Page 415 of the Garfield County records, containing 0.329 acres, more or less. Lots 8 and 9 That part of Lot 10 lying northerly of the centerline of the Roaring Fork River recorded as Document No. 188818 in Book 282 at Page 487 of the Garfield County records. Section 32: Lots 5 and 13, except the east 306.5 feet thereof Also an Access Easement Agreement 30 feet in width situate in Lots 4 and 5 of said Section 32 and Lot 1 of said Section 31 as particularly described in Access Agreement recorded as Reception No. 288102 in Book 514 at Page 875 of the Garfield County records. Except the following described tracts of land, to -wit: (1) A one -acre tract of land situate in said Lot 8 conveyed to Lorain R. Herwick and Esther M. Herwick by deed recorded as Document Nol. 213530 in Book 333 at Page 511 of the Garfield County records. (2) A tract of land conveyed to John R. Carlson and Portia A. Carlson for use as a joint access easement as particularly described in Quitclaim Deed recorded as Reception No. 288099 in Book 514 at Page 870 of the Garfield County records. (3) Except the tracts of land conveyed to the Department of Transportation of the State of Colorado and recorded as Reception Nos. 438360 in Book 840 at Page 224, Reception No. 433680 in Book 828 at Page 822, Reception No. 457087 in Book 887 at Page 640. Subject to the restrictive access limitations as imposed by Court Order recorded as Document No. 457087 in Book 887 at Page 640 of the Garfield County records. Ali of the above-described property contains 129.38 acres, more or less.