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01.0 Lodging Land Use Application Part 1
THE RED BARN GVEST Cx EXHIBIT 1 Larry Halonen Red Barn Guest Ranch 0345 Mid Valley Lane, County Road 262 Silt, CO 81652 (970) 536-0066 July 3, 2017 Community Development Department, Garfield County 108 81h Street, suite 401 Glenwood Springs, CO 81601 Dear Community Development Department, Garfield County RE: NARRATIVE DESCRIPTION OF PROPOSED LAND USE CHANGE The subject property at 345 Mid Valley Lane is a 20.76 Acre Parcel with the following existing, detached structures and Site Amenities; a. "Main House" a 2 -story home of 3,176 square feet of Living Area, 4 Bedrooms, 3 Baths, a 408 square foot Basement and 1,518 square feet of Covered Porch b. "Guest House -1", a 960 square foot guest house with 4 Rooms. C. "Guest House -2"; a 1,029 square foot guest house with 2 rooms d. "Garage" an 8 -vehicle Garage and Workshop of 3,600 square feet. e. "Red Barn"; a 2 -story, 4,425 square foot barn with 7 Horse Stalls, a Central Meeting Room, 2 Tack Rooms, Office, Storage Rooms, Bathroom, Vet & Laundry Room and a second story Meeting and Event Room. f. "Hay Barn"; a new Hay Barn of 4,400 square Feet plus a 3,040 square foot Main Stable comprised of 10 Horse Stalls and a Tack Room g. "Small Stable"; a 1,320 square foot Stable with 6 Horse Stalls and a Storage Area h. 4 Large, Fenced Pastures for Horse Grazing i. A Large, Fenced Pasture with 3 Shade Structures j. A large Riding arena and a 90 foot diameter `Bull Ring" k. Extensive lawns and orchards I. 2 Wells and 4 separate septic tanks with leach fields Il. Current Zoning is "Rural", Comprehensive Plan is "Residential Medium High (2-6 Ac/DU) Ill. The existing use of the property is a residence with guest houses and horse boarding. The proposed use is to continue the Residential uses in the main house and add a total of 3 bedrooms and 3 baths to the existing guest houses. Horse boarding and care in existing facilities will continue. Additionally, we have in process a Land Use Change to allow Community Meeting Facilities in the renovated Garage and Red Barn. All improvements will be within existing structures and no additional buildings are proposed. IV. The proposed change is minimal. Guest House -1 has an existing kitchen/ living room which shall be converted into a guest bedroom with bath and an existing office that will also be converted into a bedroom with bath. Guest House -2 has a kitchen/ living room that will be converted into a bedroom with bath. Both Houses have existing kitchens that will be removed. There will be no kitchens in either renovated Guest House. V_ The existing 2 wells have been tested, permits have been issued by the Colorado Division of Water Resources and a Water Supply Plan with documentation has been prepared by our Water civil engineer, Colorado River Community Development Department, Garfield County July 3, 2017 Page 2 Engineering. An OWTS report has been prepared by Chris Hale for the Events Portion of our project and verification of existing septic systems is attached. VI. We are requesting waivers for Grading and Drainage Plans, Landscaping Plans, Roadway Improvements, Developer Agreement and Improvement Agreement. Documentation is attached. Sincerely, Larry Halonen Managing Partner, Red Barn Guest Ranch, LLC Enclosures with "Exhibit" Numbers: 1. Narrative 2. Land Use Change Permit Application and fee 3_ Agreement to pay flee 4. Deed S. Statement of authority for person able to sign for LLC 6. Letter of authorization for designated representatives 7. List of Mineral rights Owners 8. Mailing List property owners within 200' of property 9. Copy of Pre -Application Summary 10. Vicinity Map 11. Site Plan 12. Grading & Drainage Letter requesting waiver 13. Landscape Plan Waiver request 14. Impact Analysis: Responses to items 1-8, Section 4203(G) 15. Development Agreement waiver request 16. Improvement Agreement waiver request 17. Traffic Study (updated) 18. Water Supply Plan & Reports 19. OWTS Report and verification of existing septic systems for guest houses 20. Responses to items in Section 7; Divisions 1,2 and 3 21. Response to 7-107; Access and Roadways TZ-ZE RED SARK GrUEST RgNCH EXHIBIT 2 Garfield County Community Development Department 108 8`ti Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-counq.com LAND USE CHANGE PERMIT APPLICATION FORM TYP F APPLICATION I J_ I—> -/ Administrative Review ❑ Development in 100 -Year Floodplain �7J Y 7\-�' A, -2 - Limited Impact Review 13 Development in 100 -Year Floodplain Variance ❑ Major Impact Review ❑ Code Text Amendment ❑ Amendments to an Approved LUCP ❑ Rezoning ❑ LIR ❑MIR [:]SUP ❑ Zone District❑ PUD ❑ PUD Amendment ❑ Minor Temporary Housing Facility _ 11 Administrative Interpretation ❑ Vacation of a County Road/Public ROW _ ❑ Appeal of Administrative Interpretation ❑ Location and Extent Review ❑ Areas and Activities of State interest ❑ Comprehensive Plan Amendment, ❑ Accommodation Pursuant to Fair Housing Act ❑ Pipeline Development ❑ Variance ❑ Time Extension (also check type of original application) INVOLVED PARTIES Owner/Applicant Name: 1��r9 eA" � C. - .�- Phone: MailingAddress: City: _/U �sd-S 7 Lf� State: 1'�� Zip Code: I� L! �A .�t_? w C C� t--) r a� •t1 � E-mail: �. Representative (Authorization Required) Name:Phone: (JI 7c> j Mailing Address: 65 A /'�? �'d � �. iU. � 6�0-J'O—jy p (� City: �)�� State: � Zip Code: (lam p E-mail: PROJECT NAME AND LOCATION ' Project Name: Assessor's Parcel Number: I J_ I—> -/ Physical/Street Address: z? � IfIli r,-�1,�i.1.�� ��� �7J Y 7\-�' A, -2 - Legal Description: Zone District: QKhL' Property Size (acres) ZD, 7Zy PROJECT DESCRIPTION - - - / Existing Use: ,2 �'L� �O / i� Proposed Use (From Use Table 3-403): Description of Project: I Y97 .���,3 ,-4a�l,t iA) 'Xi lal l.�y�✓�'rJ �x ;-rte ��� �fl �I �� �v,��r�` 2 REQUEST FOR WAIVERS Submission Requirements ❑ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: ' ) D'7 Section: Section: -7-- 770-2 Section: Waver of Standards ❑ The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. A f� t Signature of Property Owner Date OFFICIAL USE ONLY File Number: - Fee Paid: v9i'Z• TI-ZE RED 8 N GILTIOGRwqr CH EXHIBIT 3 'Lli . Garfield County PAYMENT AGREEMENT FORM GAP LD CONY ("COUNTY") and P�Werty Owner ("APPLICANT") agree as follows: 1. The Applicant has submitted to the County an application for the fol The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person: Phone: (0) Billing Contact Address: Wei? P//kU-z-=y City: 6, tState: Zip Code:j[vS Billing Contact Email:.tf�,�j C,jeq Printed Name of Person Authorized to Sign: A444noT— (Signature) (Date) 73rI-IE RED S N GILTIS ST 3FtlUW4C3Hl1 EXHIBIT 4 SPECIAL WARRANTY DEED THIS DEED; made on March 15, 3017, between Fred B. Chaney of the County of Pinellas, and State of Florida, grantor(s), and Red Barn Guest Ranch LLC, a Colorado limited liability company Whose legal address is : 345 Mid Valley Lane a/k/a 345 County Road 262, New Castle, CO 81647 of the County of Garfield, and State of Colorado, grantee: WITNESS, that the grantor(s), for and in consideration of the sura of len dollars and other good and valuable consideration, the receipt and sufficiency o1which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the grantee, its successors and assigns forever, all the real property, together with improvements, ifany, situate, lying and being in the County of Garfield and State of Colorado described as follows: AS SET FORTI4 ON EXHIBIT"A" also known by street and number as: 345 Mid Valley Lane a/lt/a County Road 262, New Castle, CO 81647 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profiis thereof and all the estate, right, title, interest; claim and demand whatsoever of the grantor(s), either in law or equity; of, in and to the above bargained premises_ with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appuilenances, unto the grantee, its successors and assigns forever. The grantor(s), for themselves, their heirs, and personal representatives, successors and assigns do covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above bar;ained premises in the quiet and peaceable possession of the grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof_ by. through or under the grantor(s); except those items as set forth in Exhibit"B" attached hereto. IN WITNESS WHEREOF, the Orantol-(s) have executed this deed on the date set forth above. Fred B. Chaney STATE OF V�-i or ► d &k ) ) ss. COMITY OF Q kndkCLS ) Tlie foregoing instrument was ackno%viedged before me on March ��{+h _ 7017, by Fred B. Chaney, My commission expires,�S%"Q�� Commonwealth File No. 1610063-3 Return to: Red Barn Guest Ranch LLC, a Colorado limited liability company 345 Mid Valley Lane New Castle, CO 81647 No. 16. Rev. 4-94. SPECIAL WARRANTY DEED kVITNESS land and official se, — Notary Public S CALEY ROBERTS 1tNOTARY PUBLIC STATE OF FLORIDA Caomrtdl Fi-i 96341 � Explres 2 512019 File No. 1610063-3 EXHIBIT "A" A tract of land situated in the SoL:t€least '/4 Northwest % and the Northeast % SOLLthweSt ''A of Section 6, TOW1151aip 6 South, Range 91 West of the Sixth Principal Meridian, being more particularly described as fol€ows: Beginning at a point on the southerly fight -of -way fence of a County Road whence the Northwest Conner of said Section 6 bears North 33°3547" West 2,632.47 feet; thence along said right-of-way fence the folla�ving Courses: South 88°01' 13" East 548.55 feet; thence South 86°32',4" ]cast 265.09 feet; thence South 68°53'42" .East 85.61 feet; thence Soutil 28°45'57" East 442.94 feet; thence South 00°2729" East 428.64 feet to the centerline of the Ware and Hinds Ditch; thence along said Ditch centerline the following courses: SOLIth 51043'16" West 135.49 feet; thence 8oflth 76°56'13" `Nest 134.52 feet, thence North 87°43'10" West 185.83 feet; thence South 87°48'14" West 120.88 feet; thence North 48°48'42" West 1 11.1 1 feet; thence North 44°46'12" West 91.02 feet; thence North 57002'43" West 175.44 feet; thence forth 50°58'37" West 65.75 feet; thence North 48°17'09" West 182.27 feet; North 41°50'16" West 169.04 feet; thence North 57°26'40" West 31.13 feet; thence leaving said ditch centerline on a course bearing North 07°14'07" East 461.33 feet TO THE POINT OF BEGINNING. EXHIBIT "B" Any and all coater rights, claims, or title to water, whether or not the matters excepted are shWWn by the public record Right of the proprietor ofa vein or lode to extract and remove his Ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a nChi of vay for ditches or canals as constructed by the authority oflhc United States, as reserved in United States Patent recorded February 24, 1896 in Book 12 at Pane 409. Right of the proprietor• of a vein or fade to extract and remove his ore therefrom_ should the same be found to penetrate or intersect tine premises hereby granted and a richt of v.ay for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded iIvlarch 18. 1902 in Book 56 at Pane 441. Map and Statement of the Ware and Hinds Ditch, filed July 16. 1896 as Reception No. 19178. Decree, Map and Statement for the Nelson Enlargement of the Ware and binds ditch recorded Deccmber4. 1897 in Book 39 at Page 315 as Reception No. 20513. Reservation of an undivided one-half interest in and to all oil, gas and other minerals as described in deed recorded August 1A, 1930 in Book 252 at Page G! and any interests therein or assignments thereof. Terms= conditions and all matters set ford, in Garfield County resolution No. 79-125 recorded October 12, 1979 in Book 537 at Pape 19151. Rijht of ivay for County Road No. 214 and 262. Easement and rights of way for all ditches, canals, laterals, pipelines and utilities as constructed and in place, Possessory rights outside of fence, apparent casement for overhead utilities, easement for the Ware & Hinds bitch and all [natters shown on Improvement Location Certificate prepared by Divide Creek Surveyors Inc. dated November 17, 2016. Proj. [0/29/2015. W1 QUIT CLAIM DEED (Water Rights) Fred B. Chaney, Grantor, for and in consideration of the sum of ten dollars ($10.00), in Band pairs, hereby sells and cluitclainis to Red Barn Guest Rauch, LLC, Grantee, whose address is 315 Mid Valley Lane, New Castle, Colorado 81647, any and all right, title, interest, claim and demand which Grantor ilas in and to the following water and water rights, ditch and ditch rights, well and well rights, to wit: (a) An undivided five percent (5%) interest in and to all water rights decreed to the P, Tomkins, a/k/a Thornpkins, a/k/a Rosernan Ditch, which diverts water from Elk Creek including Priority Nlco 158aab decreed for 2.76 c.f,s. ort February 1, 1912, with an appropriation date of November 10, 1900; Priority 177a decreed for 5.56 e.f.s. (1.4 c.f.s_ decreed on February 10, 1913, with an appropriation date of March 9, 1910), and Priority 2201 decreed for 11.88 c.f.s. on January 11, 1943, with all appropriation date of March 4, 1921; (b) Twelve (12) shares in the Ware and Hinds Ditch Company; and (c) Two (2) water wells, one of which is identified by Well Permit No. 92777 issued August 26, 1977 TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and priviieges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claire whatsoever, of Grantor-, either in law or equity, to the only proper use, benefit, and behoof of Grantee, Grantee's heirs, successors, and assigns forever. Signed the day of EYI-, 20I7. GRANTOR: Fred B. Chaney By:�- % �- Fred B. Chaney STATE OF' S& COUNTY OF. E(T)eUkS } The foregoing instrument was acknowledged before me this& day of. 2017, by Fred Chaney, Grantor. WITNESS my hand and official seal. My commission expires nn Zt5/ W1C% Notary Public 11Sr MEY ROBERTS NOTARY PUBLIC STATE OF FLORIDA ccwn4 FF196mi t� Expires 21512019 File No. 1610063-3 EXHIBIT "A" A tl•aet Of land situated in the Southeast 'f, Northwest '/ and the Northeast % Sautliwest '/ of Section 6, Township 6 South, Range 91 West of the Sixth P3•incipal Meridian, being more particularly described as follows: Beginning at a point on the southerly right-of-way fence of a County Road whence the Northwest Corner of said Section 6 bears Nath 33°35'41" West 2,632.47 feet; thence alonb said eight -of way fence the following courses: Sould) 88°01'13" East 548..55 feet; thence South 86°32'34" East 265.09 feet; thence South 68°53'42" East 85.61 feet; thence Soutii 28°45'57" East 442.94 feet; thence South 00°27'29" East 428.64 feet to the centerline of the Ware and Hinds Ditch, - thence along said Ditch centerline the following courses: South 51°43'16" West 138.49 feet; thence South 76°56'11" West 134.52 feet, thence North 87°43'10" West 185.83 feet; thence South 87°48'14" West 120.88 feet; thence North 48°48'42" West 1 I i:l 1 feet; thence North 44°46'12" West 91.42 feet; thence North 57°02'43" West 175.44 feet; thence Noah 50358'37" West 65.75 feet; thence North 48°17'09" West 182.27 feet; North 41°50'16" West 169.04 feet; thence 'North 57°26'40" West 31.13 feet; thence leaving said ditch centerline on a course bearing North 07°14'07" East 461.33 feet TO THE POINT OF BEGINNING. THE RED $ARN GVEST �ivcx EXHIBIT 5 n STATEMENT OF AUTHORITY I . This staterner3t of Authority relates to an entity named: Red Barn Guest Ranch LLC, a Colorado limited liability company 2_ The type of entity is a: [ ] corporation [ ] registered limited liability limited partnership [ ] nonprofit corporation [ j limited partnership association [x] limited liability company [ ] unincorporated nonprofit association [ ] general partnership [ j government or governmental subdivision of agency [ ] limited partnership [ ] bliSine5S tr'rrs, [ ] registered limited liability partnership [ ] trust 3_ The entity is farmed under the laws of State of Colorado 4. The mailing address for the entity is: 345 Mid Valley Lane alkla 315 County Road 262, New Castle, CO 51647 S. The [X ] narne(s), or [X ] position(s) of each person authorized.to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is (are): Lawrence R. Halonen, Manager/Member Mary Pat Halonen, Member 6. (Optional) The authority of the foregoing person(s) to bind the entity is[ ] not limited [ ] limited as follows: 7. (Optional) Other matters concerning the manner in which the entity deals with interests in real property: 8_ This statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. ,4 Executed this day of March, 2017 , 74e'e'� _r 13y: Lawrence A. Halonen, Manager/Member State of ) ) ss. County of _ ) W"' G�xzz� By: tkary t Halonen, Member The foregoing instrument was acknowledged before me this day of March, 2017 by: Lawrence R. Halonen as Manager/Member and Mary Pat Halonen its Member of Red Barn Guest Ranch LLC, a Colorado limited liability company, Witness my Itand and official seal. My Commission Expires: Notary Public CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 Fr.�.�.,c--.�r:�{',sfis�'�6�i`- � --.z,."�fi -• — - „c:e•.�r.-.mac-.�c.,z�nnr..�r.,Fr..xr, A notary public or other officer completing this certificate verities only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of California County oflCfl��G�� On alyDn k2) • Date personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name(s)re subscrita to the within instrument and acknowledge me that ,�r� I#h executed the same . is ei authorized capacity(fes), and that by ghii signature(s) on the tnstrument the person(s), or the en !ty upon behalf of which the person(s) acted, executed the instrument. i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph ELIZABETH MLIHILIO is true and correct. (= =� Commission # 2016404 `..} WITNESS my hand and official seal. z rte. Notary Public - California z Orange County n �`'� My Camrn. Expires Mar 30, 20 i 7 Signature . V"*IA r 'gnature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.. Description of Attached Doe nt �` �jkim.t N 2 f ! Title or Type of Doc t: �SUylrtl/ - (� Document Date:. JI_LIal Number of Pages: Signer(s) Cather Than Named Above:!- Capecity(ies) Claimed by Signer(s) Signer's Na e: Signer's Name, ❑ Corpora#e cer — Title(s): ❑ Corporate Office — Title(s): 0 Partner — ❑ L iced ❑ General ❑ Partner •-- ❑ Lim ed ❑ General El Individual O rr' In Fact ❑ Individual ttorney in Fact ❑ Trustee ❑ or Conservator ❑ Trustee ❑ uardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association • www.NationaiNotary.org • 1-800-IJS NOTARY (1-800-876-6827) Item #5507 THE RED BARN GUEST RANCH EXHIBIT 6 TI-ZE RED BARN GUEST RANCH Garfield County Community Development Department 108 Eighth Street, Ste 401 Glenwood Springs, CO 81501 Dear Sirs, This letter is to authorize Tim Thulson and Richard Hallett to act as representatives of Red Barn Guest Ranch, LLC. Sincerely, Lawrence R. Halonen Managing Partner, Red Barn Guest Ranch, LLC THE RED BARN GVEsT EXHIBIT 7 THE IRLIEZ)o 1E31&JFtW G ST XU&WCX=X SEVERED MINERAL INTERESTS: A.V. Lough; Address unknown The severed mineral rights for the property were identified from the Grantor Grantee index search of the chain of title for the property as identified within the provided Title Commitment. Commonwealth Tule Company of Galrfield County, Inc. 127 E. 5th Street Rife, CO 81650 Phone (970) 625-33001 Fax (970) 625-3305 1322 Grand Avenue Glenwood Springs, CO 81601 Phone (9 70) 945-4444 /Fax (970) 945-4449 Bate: March 2, 2€i17 File No. 1610063-2 Property Address. 345 Mid Valley Lane, New Castle Listing AgentSelling AG-9etit Mirr Ranch Group Roaring Fork, Sotheby's Internatiot.ial. Real ty: 915 South Pearl Street 21 1 Eighth Street, Suite 100 DENVER. CO 80209 Glenwood Springs, CO 81601 Attn: Tornnty l,atausek Attn: Mike Deer Email: tomn3v,�niirrranchgroup.coni Emil: mikcdcer(,'t,,sopris.net Lender Bridge Investment Group Holdings, LLC 11092 Turret Drive SAN DIEGO. CA 92131 Attn: Bob Hallock Email: h.hal lock- abridge;-igh.com Seller Buyer Infinity Properties Incorporated latnaii: Attornp-y Fred B. Chaney Garfield & Hecht l-mail:ari"-.bluevaseholdings.coni; vedax@pipefine.com 420 7th Street, Suite 100 Glenwood Springs, CO 81601 Email:dmcconattghy tr garfieldhecht.coitt Closing Contacts Glenwood Springs office - 970-945-4444 Linda Gabossi - lindwit;clNlriflexom Connie Rose Robertson - conniocwtrifle.com Jessica Reed - jessica,aTiim•trif exom Rifle office - 970-625-3300 Denny Conwell - denna-cwtrifle_com Patti Reich - patti,c cwt3-ifle.con, COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 1610063-2 I . Effective Date..February 2z., 2617 at 7:59 AIM ?. Policy or Policies to be issued: (a) ALTA OWNER P0LFCY-.(AI,Trl 6-17-06) 51,34S,U00.1111 Proposed hlsured: Infinity Propel -ties Incorporated (b) ALTA LOAN POLICY (ALTA 1-17-06) S955,000.00 Proposed Insured: 4ridge Investment Group Holdings, LLC, Its Successors and/or Assigns �. The Estate or interest ill the land described or referred to in the ('atrtnlitlncnt and covered herein is Fee Simple and is at the effective date hereof vested in: Fred B. Chanel 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: See Attached Exhibit "Al' TITLE CHARGES Owner's Policy Stannard Coverage $2,734.00 € ivner's Extended Coverage 65.00 Mortgagee's Policy 125.00 Tax Certificate 1.5.00 Form 100 50.00 Form 8.1 50.0.0 Form 100.30 -- - 2155.00 Form 116 100.00 Delete Standard Exceptions (Lender's) NIC COUNTERSIGNED: i�atYfC�via. 3ut tvP. i Authorized Officer or Agent Valid Only if Schedule B and Cover Are Attached American Land Title Association Issuing Arun: Schedule A Cnnunonweahh Title Cotupany (?Marfield County, Int, (Rev'd b -GS) 127 Let 55th Street Rifle. CQ 81b54 Fite No. 1610063.2 EXHIBIT "A" P, tract of land situated in the Southeast 14 Worth -vest ';s and the Northeast SOLIthWe5t '.., Uf' Sectiojt 6, 'lc3tttlshit� � Sowh.. Range 91 West of the Si:\th Principal Meridian, Being more particularly described as #`u1lows: Beginning at a paint on the southerly right -cif -way fence of County Road whence the North�N'est Corner of said Section 6 Dears North 33'35'41 " West 2.632.47 feet: thence along said right-of=inky fence the following courses: South Fast 548.55 feet: thence South 86`32`3=1" least 265,09 feet; thence South 6V51'42" fast 85.61 feet; thence Sauth '8'45`57" East 442.94 feet: thence South 00"272$" East 428.64 feet to the centerline of the Ware and hinds Bitch; thence along said Ditch ee€zterlizle the follnNvins courses: South 51='43'16" West 138.49 feet; thence South 7656'13" West 134.52 feet; thence North 8743'10" Wtst 185.83 feet; thence South 87'48'14" West 120.88 feet. thence North 4P48'42" West 111.11 feet; thence North 44'46'12" West 91.02 feet; thence North 57'02'43" West 173.4' 4 feet: thence. North 50'53';7" Wiest 65.75 feet; thence North 48°17'09" West 182.27 feet: North 41050'16" West 169.04 feet; thence North 57=26'40" West 31.13 feet; thence leaving said ditch centerline on a course bearing North 07'14'07" Gast 461.33 feet TO THE POINT Of BEGINNING. File No. 1610063-2 SCHEDULE B - SECTION 1 The Following are the; requirements to be complied with prior to the issuance of said policy or policies. Any, other htstruntenr recorded subsequent to the date' hereof may- appear as an e.xctption under Schedule R of the polies to he i;;sued. t Tnlcss otheru is n€rted, all &CLiments must be recorded to lige office «f the Clerk and 1te,%)rder of the C unto in nhieh suid propert)- is locatc:Li. I , Warrant, deed frond !=reef B. Chaney t estine kc simpIc title in Infiniti Properties Incorporated. 2. Deed of Trust from lnfinky PrUpertics Incorporated tet the PublicTrustee of Gal. -Field Couw for the use of 13ridae In'.'est€neat Group i-ioldiugs. LL,C. Release oft°ecord b% the Public Trustee of the Deed of Trust from Fred B. Chaney for the use of Bank of America. N.A. showing an ori.vinal amount crf �S925.000,00, dated July 3, 2009 and recorded Ally 20. 2009 as Reception No, 771764. 4. Recordation of a Statement orAuthority for Infinity Properties Incorponated, a C'Orporatiwi, evidencing [he existence of the entit- and authority of the person authorized to csccute instruments convening, encutnbering or otherwise arfectiny title to real probe€ —, on behalf of the entity. and containing the other information required by CRS .i8-3(1-172. evideneing the existence of said entic, prior to its :acquisition of title to the land hcrcir. The Company must he furnished ii ct?lay of the foliowing for Int -mit} Properties Incorporated: ( 1) the articles of incorporation, (2_) ,iitten bylaws and all amendments thereto, (3) current sharcholder list. (4) a certificate al -good standing (or current registration) of said corporation: and (5) evidence satisfactory to the C'ompan} that all necessary consents, authorizations, resolutions. notices and actions relating to the sale and the execution acid delivery of the deed as required under applicable lam and the got'en�ing documents have been conducted. given or properly waived, 6. Deleted. 7. Execution of a Final Affidavit and Agreement indemnifying the Com .pany against unfilled mechanic's and rig ateriapmen's Iiea3s. E. Receipt of satisfactory approval front C'oinmonwealth Land Title for the issuance ofthc policy describe i ltercin. NN American Land -ritle Association Committtten€ Schedule B - Section 1 - Form 1904-5 DISCLOSURES Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph F provides; "Whenever a title entity provides the closing and settlement service that is in conjunction with the issuance of an owner's policy of title insurance, it shall update the title commitment from the date of issuance to he as reasonably close to the time of c{osing as permitted by the real estate records. Such jilcPate shall include alt impairments of record at the time of closing or as close thereto as permitted by the real estate records. The title insurance company shall be responsible to the proposed insured(s) subject to the terms and Conditions of the title commitment, other than the effective date of the title commitment, for all undisclosed matters that appear of record prior to the time of closing." Provided Commonwealth Title Insurance Company of Garfield County, Inc. conducts the cfosing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. This Notice is required by Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph G. NOTE Exception No. 4 of Schedule B - Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: A. The land described in Schedule A of this Commitment must be a single family residence, which includes a condominium or townhouse unit. B. No labor or materials may have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months, C, The Company must receive appropriate affidavits indemnifying the Company against all unfiled mechanic's and materia€men's liens. D. Any deviation from conditions A through C above is subject to such additional requirements or information as the Company may deem necessary; or, at its option, the Company may refuse to delete the exception. No coverage wi€l be given :naer any circumstances for labor or material for which the insured has contracted for or agreed to pay, Colorado Division of insurance Regulation 8-1-2, Section 5, Paragraph M. Pursuant to C.R.5. §10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due list€ng each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. C.R.S. §30-10-405 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at €east one inch and a left, right, and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform. 'Pursuant to C.R,S. §10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, €eased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may Include the right to enter and use the property without the surface owner's permission. If the transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R,S: §39-22-604.5 (Nonresident withholding;. Pursuant to C.R.S. §38-35-125(2), no person or entity that provides closing and settlement services for a real estate transaction shat; disburse funds as a part of such services untfi those funds have been received and are available for immediate withdrawai as a matter of right. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph J. "Good Funds Law" C.R.S. §39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the same as the property address) be included on the face of the deed to be recorded. File No. 1614063-2 SCHEDULE B - SECTION 2 Bch'+elute 9 of tile Poliev ;>r I'olicics to he issued will custtain e.xceptioils to the follotvine matters unless the same are disposed of to the satisfaction W the conparty: 1~!ights or elaiuts ol`parties ill possession not shoii'a'm the Public €'econjs. -Note: This exccptinn 11 ill hedeleted on the final Pn€icy upnm cumpliauce with the requirements herein, '-. Easements- or Clain's of easements, not shcnvo by the public records. Nate: This eseeption %ill In deleted on the final pa[icy upon compliance with the requirements herein, Discrepancies, confIicu in boundary lines_ shortage in area, encroacimicnts, and any facts' Xyhich a corrGci sunt} and i€tspeCtion of 31st Premises mould disclose, and which ore not shown bi the public records. Note: This exception will be deleted on the Iinal.policy' upon compliance frith tine t•equireiitents herein. .1. Any lien. or right to a lien, forse"ices, labor orrstaterial here#afore or hcreaflur furnished, imposed by lag- and.not shoxlt b} fit pubhe record;_ Note: Exception \o. 4 will be deleted upon receipt of Final Affidaivits and :Agreements iudeniaifiing the Company against unfiled mechanic's and tnaterialmen's liens. 5- Defects. liens. enctnnbrariccs, adverse claims or ❑thcr matters. if any, created, first appearing in the public records or nttsaching su(scquent to the effective dale hereof but prior to etc date the proposed insured acquires of•record 1'0r value the estate or interest or mortgage tbcrenn covered by this canimitnient. Note: Exception 5 will be deleted on the final policy if Commtonn'ealtit'I'itle Company of Garfield County, Inc. closes the proposed tra:nsactian and r€cords the applicable instruments of con. veyance. n, An,, anti all trstpaid taxe& assessments and uin'edeented taX sales, Note: Exception G tvi[7 read: "General taxes and assessments for the 4 ear 20I6 and thereafter, not yet due and pay'ah1e.,, on the final policy if Commonwealth Title Cumpany of Garfield County, Inc. closes the proposcd transaction_ 7. Any lien or charge on account of'tbe inclusion of subject property in an improvement dis(rict. 8, An+- and all water rights_ claims. or title to water, whether or not the matters excePted arc shomi by the public record. 9. Richt of the proprietor of a vein or lode to extract and rcinove his ore dj,!mfrom. should the sante tic found to pciletrate or inwi-sect the premises llerefiy' grail A and a right of "av for ditches or casuals 03 constnicted by the authority of the tinited states. as reserved lit United States Patent recorded E:ebruiv-y 24, 1896 in Book 12 at Page 109. r view) 10, Right of the proprietor of a vein or lade to extract and remove his etre therefrom, should the same be found to penetrate or intersect the premises hereby granted and a rigitt of slay for ditches or canals as con tructed by this authority of-dic ITnited States. as resen•ed ill Cinited States Patent recorded March 18, 1902 in Book 56 at Pate 4-11- fvsevvj 11, h lap and statemwi of the Rare and Binds Ditch. filed July 16. 1896 as R elution No_ 19473. ("Image Missing" - Garrield County Clerk) 12. Decri:e. Map and Stateutcnt for tite Nt' Isun Enlargevient of the 1Vare and Binds Ditch recorded December 4. 1597 in Book- 39 at Page 115 as Reception No. 20513. - 13. Resen'ation of an und;, &M one -hof interest in and to all oil. eas and odder minerals as described its decd recorded August 14, 1950 in 3ook 252 at Page 61 and an,, interests therein or assignments thereof, 14. -€"ernis. conditions mid all inatters set forth in Garfield County Resolution No. 79-125 recorded October 12. 1979 in Book 5.37 at Page 199- 15. iUg€st of way (or C•onmy Road No. 2 td and 262- 16. Easement and right; ofvvy Fur all ditches, canals, laterals, pipelines and utilities as enustrtteted and in plus IT Possessory- rights ontside of fence, apparent easement for overhead utilities, cascsnelit fur the 1i'arc R Binds Ditch and all matters shcrc�r ort [tttprovenient Location Certificate prepared by Divide Creel: Surveyors Inc, dated November 17. 2016. Proj. 10,C?9i2(} I5. MOTE: EXCEPTION(S) 1, 2,3 21nd 4 WILL NOT APPEAR IN THE POLICIES TO BE ISSUED HEREUNDER. The (livt er's Policy of Tide Insurance committed for in this Commit€nerit, if any, shall contain, irt addition to the items set fortli ist Schedule D - Section 2. dee ftillniving items= I I The Deed of Trust, irany. required under Schedule B - Scetion 1. (2) Unpatented mining claims; reser ations or exceptions in patents or in Acts acrd€orizine the issuance thereof. (3) any and all unpaid taxes, assessments anti unrcdeemed tat sales, NOTF.;11ie policy (s) of insurance may contain a clause permiitinq arbitration of claims at the request of eilher the Insured or the Colnpany. ! upon request, the Company vrill provide a cop}' of this clause and die accomlranying arbitration rules prior to the closing of thc; transaction. -%mcrican Land Title Association Commitment Schedule 13 - Section 2 Donn 1004-12 COMMONWEALTH TITLE COMPANY PRIVACI' POLICY We Are Committed to Safeguarding Customer information In order to better serge your needs non and in the future, rve may ask you to provide us with certain informatirsn- �� e understand that ;>>t nnav be concernedabout what we will do rr'idl, such information - particularly an% personal (,)I, finaneial infuranation. L''e agree that } ou have a right to know Jnory rare rVill utilize the personal information you prop ide to us. Therefore. we have adopted this Privacv policti to govern the use and handling of}our personal information, Applicabibty This Privaa:v Policy governs our use of the information which you Provide to us. It docs not govern [lie manner in wiaich use mar° use information we have obtained from any other source. such as information obtained from a public record or frorn another person or cmit� , Types of informatiolr Depending upon which ofour serr ices roll are utilixiDLI. the types ufnonpuhlic personal information that t5 e mfiv collect inclu&i €nlbrrnation tre receive from you on applications. forms and in other comnlUnieadO ns to us. nhether- in rr-€-iting. in person, by telephone or any other means. information about your transactions with us- our affiliated companies. or others. 2nd Information we receive from a co nswner reporting agency, t se of luformation We request infotnatiocn fi•om}ot€ f0l' our own legitimate business purposes and not for the benefit al- jury nonaffiliated ptarty. 1 herefore, we mill not release your iuformadoa tononaffillated parties except: (1) as necessary- for its to provide the product or •:Grvice you have requested of it-,, or [') as permitted by law. l e may, iaorvever. store such intormation indefinitely. including the period after which any customer rclatlonship has ceased. Such intornnation may be used For any internal purpose, such as quality. control efforts orcustomer analysis. 'We may also provide all of the t}'res of nonpublic personal inforrr€ation listed above to one car MON ofour affiliated companies, Such affiliated companies include fulanciai serViee proNiders. such as title insurers, property and casualty insurers_ and trust and investnsent advisory companies, or companies involved in real estate services_ such as appraisal companies, home warranty companies, and escrow companies- Furthermore, we may also provide all the information ave collcct. as described above to comparnies that perform marketing services oil our behalf: on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Ei en d'vou are no longer our Customer. our Privacy FolicV will continue to apply- to you. Confidentiality and Security WL! will use our best CFforts to ensure that no unauthorized parties har c access to any of N�our inforntatioi. We restrict access to nonpublic personal informations about ,'nu ten those individuals and entities who need to know that infomtntion to pri-n ide products or -N-Vices to YOU. We will use oto• best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We crtrr-entl} maintain physical, electronic and procedural safeguards that Comply pith federal regulations to guard your nonpublic personal information, 9MEE RED S N G ST CZ-Z EXHIBIT 8 i C iltrdid B,3arfield County ColI<• Land Explorer Address Parcel (PINJ Account Enter all or part of an owner nor. Search PLSS (Township, Range, Section) Subdivision Measure Locate Basemap Results Copy CSLPI_FErin Parcel Physical Owner Address 4633 214 YOAST, 218106200047 COUNTY JAMES B RD SILT & SHARON L owing 1 to I of I entries �� Previous I 1 I Next 1 he map NN;_k8 0620004 Account R015073 Owner YOAST, JAMES B & SHARON L Physical Address 4633 214 COUNTY RD SILT 81652 Mailing Address 4633 COUNTY ROAD 214 SILT, CO 81652-9513 Acres 2.563 2016 Mill Levy 50.4090 etri Coun y �d Cnunty Coloirado Land [Eore 2t?2 33`. Address Account V- Owner P 1N 218306 :�D0051 ,218106200051 ,. Search Account Ro15004 A...._:.: Owner BECKER, JAMES R Physical Address 4441 214 COUNTY RD F PLSS {Township, Range, Section) E. .: SILT 81652 �- Mailing Address 4441 COUNTY ROAD 214 SILT, Subdivision t CO 81652 ,.. Acres 14.8 Buffer .:. 2016 Mill Levy 50.4090 Draw LayersSr Measure �¢ Locate Basemap r _-pyResults VPrintCof [�S- _ 2f�4000a?20 Search: Parcel Physical Owner Address 4441214 218106200051 BECKER, COUNTY RD l JAMES R SILT Showing i to 1 of Z entries Previous Z Nexl he map 1 I� Garfield C'ounity Corfield County Colorado LanExplore. Address Parcel (PIN) J. Owner �-" 8015069 Search PLSS (Township, Range, Section) Subdivision Buffer Draw Layers Measure Locate Basemap RD SILT hawing 1 to 1 of 1 entries €�, �{ Pre'vib l 3 I Nexi . he map PIS 218T06200046 Account ROI 5069 Owner WILKINSON, MARTIN R Physical Address 473T 214 COUNTY RD SILT 81652 Mailing Address 9 BENCHMARK DRIVE BOULDER, CO 80303-5125 Acres 2 2016 Mill Levy 50.4090 It K. ,) Results Copy CSV PDF I [ Print I Search: Parcel owner Address i 4731214 218106200046 WILKINSON, COUNTY MARTIN R 1 RD SILT hawing 1 to 1 of 1 entries €�, �{ Pre'vib l 3 I Nexi . he map PIS 218T06200046 Account ROI 5069 Owner WILKINSON, MARTIN R Physical Address 473T 214 COUNTY RD SILT 81652 Mailing Address 9 BENCHMARK DRIVE BOULDER, CO 80303-5125 Acres 2 2016 Mill Levy 50.4090 It K. ,) � I ar er COu"O I Gmfield County Colorado Land Exp1wer �w Address Parcel (PIN) Owner iR015032 Search PLSS (Township, Range, Section) Subdivision Buffer Draw Layers Measure Locate Basemap Results Copy ; CSV PDP Print search: Parcel Physical: Owner Address GHAN, 4773 214 MICHAEL S I 218106200045 COUNTY & RD SILT DEBORAH T owing I to i of 1 entries -1 ke map Account 8015032 Owner GHAN, MICHAEL s & DEBORAH T Physical Address 4773 214 COUNTY RD SILT 81652 Mailing Address .4773 COUNTY ROAD 214 SiLT, CO 81652 Acres 1.88 2016 Mill Levy 50.4090 Garfield Countyr -ado .and Exp r � a Address Fclrcel (PIN) Owner 8006629 Search PLSS (Township, Range, Section) Subdivision Buffer Draw Layers Measure Locate Basemap Results Copy CSV PDF r Print i 5earch� Parcel PhyS1Cal Owner Address 4791 214 218106200273 COUNTY RD SILT hewing 1 to 1 cf I entries W HITTINGT( THE VALTO DELBERT FAMILY TRL DATED JUN 9s 9nnl -he map PIN 218106200273 Account R006629 Owner WHITTINGTON, THE VALTON DELBERT FAMILY TRUST DATED JUNE 25, 2001 Physical Address 4791 214 COUNTY RD SILT 81652 Mailing Address PC) BOX 161 RIFLE, CO 81650 0161 Acres 5.293 2016 Mill levy 50.4480 Garfield ClOunty Garfield County Colorado Land Explorer the map . ,'.:21, Account R006628 Owner GUCCINI, TOBY J & DEBRA J Physical Address 4789 214 COUNTY RD SILT 81652 Mailing Address PO BOX 88 NEW CASTLE, CO 81647 Acres 2.819 2016 Mill Levy 50.4480 Ak Address Parcel (PIN) � Owner R006628 Search PLSS (Township, Range, Section) Subdivision Buffer Draw Layers Measure Locate i Basemap' Results Copy CSV PDF Print Search - Parcel physical Owner Address 4789 214 GUCCINI, 218106100272 COUNTY TOBY J & RD SILT DEBRA J howing 1 to 1 of I entries Previa{1s 0 Next the map . ,'.:21, Account R006628 Owner GUCCINI, TOBY J & DEBRA J Physical Address 4789 214 COUNTY RD SILT 81652 Mailing Address PO BOX 88 NEW CASTLE, CO 81647 Acres 2.819 2016 Mill Levy 50.4480 l ' i m(Garfield C'0""ty Garfield County Colorado Land Explorer PLSS (Township, Range, Section) Subdivision Measure Locate Basemap owing 1 to I of 1 entries PreviousET ��Jexf he map Account 8615165 Owner HUNT, EDGAR L & SOCORRO Physical Address 4833 214 COUNTY RD SILT 81652 Mailing Address 4815 COUNTY ROAD 214 SILT CO 81652-9513 Acres 2.2 2016 Mill Levy 50.4090 Results Copy I I CS\d I PDF] LPrint] Search: Parcel Physical Owner Address 4833 214 HUNT, 218106200176 COUNTY EDGAR L & RD SILT SOCORRO owing 1 to I of 1 entries PreviousET ��Jexf he map Account 8615165 Owner HUNT, EDGAR L & SOCORRO Physical Address 4833 214 COUNTY RD SILT 81652 Mailing Address 4815 COUNTY ROAD 214 SILT CO 81652-9513 Acres 2.2 2016 Mill Levy 50.4090 Gar>�,rrd Garfield County Colorado Land to °er JG� PLSS (Township, Range, Section) Subdivision Buffer Draw Layers Measure Locate i i Basemap 1 to 1 of 1 entries I Previous I I I Next he map Pled 2181061 'p."i C Account 8015168 Owner MURK, RICHARD J Physical Address Not available NEW CASTLE 81647 Mailing Address 37659 HIGHWAY 6 NEW CASTLE, CO 81647-9434 Acres 149.706 2015 Mill Levy 50.4090 Results Copy CSV PDF j [�rin-tf Search: r Parcel Physical Owner Address Not MURR, available 218106100183 RICHARD NW CASTLE 1 to 1 of 1 entries I Previous I I I Next he map Pled 2181061 'p."i C Account 8015168 Owner MURK, RICHARD J Physical Address Not available NEW CASTLE 81647 Mailing Address 37659 HIGHWAY 6 NEW CASTLE, CO 81647-9434 Acres 149.706 2015 Mill Levy 50.4090 EGarfield CO"'Ity Garfield C".oun.fyColorado Land Explom. CR150198 �` Search PLSS (Township, Range, Section) Subdivision Buffer Draw Layers Measure Locate Basemap 1 to 1 of 1 entries Previous ] %ext the map Account R150198 Owner PFEIFER, MICHELE Physical Address 4354 214 COUNTY RD SILT 81652 Mailing Address 0295 COUNTY ROAD 262 SILT, CO 81652 Acres 83 2016 Mill Levy 50.4090 Results Copy's CSV PDF Print Search: Parcel physical Owner Address 4354 214 218106300220 PFEIFER, COUNTY RD MICHELE SILT 1 to 1 of 1 entries Previous ] %ext the map Account R150198 Owner PFEIFER, MICHELE Physical Address 4354 214 COUNTY RD SILT 81652 Mailing Address 0295 COUNTY ROAD 262 SILT, CO 81652 Acres 83 2016 Mill Levy 50.4090 ffr��. Garfield County Garfield County Colorado Land Explorer Account R150197 Owner PFEIFER, MICHELE Physical Address 295 262 COUNTY RD NEW CASTLE 81647 Mailing Address 0295 COUNTY ROAD 262 SILT, CO 81652 Acres 35 2016 Mill Levy 50.4090 Address Parcel (PIN) i � Owner R150197 � 'Search PLSS (Township, Range, Section) Subdivision 91 Buffer Draw Layers Measure Locate Basemap Copy Lc��_] Results PDF Epr-3l-n Search_ ' I Parcel Physical Owner Address 295 262 218106300219 COUNTY RD PFEIFER, NEW MICHELE CASTLE howing 1 to 1 of 1 entries Previous1 Nex.1 ` _j he map Account R150197 Owner PFEIFER, MICHELE Physical Address 295 262 COUNTY RD NEW CASTLE 81647 Mailing Address 0295 COUNTY ROAD 262 SILT, CO 81652 Acres 35 2016 Mill Levy 50.4090 Garfield C,9uuty Garfield County Colorado Land Explorer Buffer Owner Draw 4954 214 Layers Measure GUY, Locate 218106400056 Basemap Results _ Copy FC PDF Print Search: Physical Parcel Address Owner 4954 214 COUNTY GUY, 218106400056 PETER & RD NEW CASTLE BARBARA 1 to 1 of 1 entries P�evia:js I 1 I Nexi l_� he map Account R015098 Owner GUY, PETER & BARBARA Physical Address 4954 214 COUNTY RD NEW CASTLE 81647 Mailing Address 4954 COUNTY ROAD 214 NEW CASTLE, CO 81647 Acres 36.03 2016 Mill Levy 50.4090 66A, Garfield County °" ate fe!d County Colorado Land Expmre- Lv. Draw Layers Measure Locate Basernap IResults . iCopy CSVLPDJF [Print -��O—pjy Search: Parcel Physical Owner Address 68262 DIXON, 218106400055 COUNTY RD LINDA M SILT Showing I to I of I entries N 'PX -1 . the map rWWa_tttt Account: R015061 1.4;�atiili? —1r10,) Ir,;ii;tizILI .isse::�r}zcrrr 11;5ttf°� i Accamit \umber 8015061 Owner Name SIAP1:FTON, Actual (2017)c Parcel dumber 2F$}-CFbl-flO-.It}=1 Tl()�L�o1Ri) if & il:;ltt;f?f. ti J.00U Situs address 005097 214 C'O{;CTY Owner Address 5097 COUNTY :�Assessed3 RD ROAD 2F-4 Tax Area: 015 i`Nii14 }:,ev3: 50.l{190 Cit" Now c4stic NEWCASTLE. C':�STI.f:. CO) 81647-V84 Type Actual Assessed Acres sQF,r t;nits Tax area 1115 - 21I -SF - (II 5 fillprGE'cailelTt �, 79.000 ti27.2W (kiJt`1#1 0.000 10<J) Le -,41 Summaryb StillUfl: [.and SI 10,000 57.920 3,990 ().fj0(f 0'0011 Tukinsllip; 6 R;tn is 91 A TR, IN 1'111:. Stt'IST:. Sale Date Sale Price Doe Description �,1 °f3f: 19fJiI r!_ =rte l ktl{: Ic h €;t> lliwtrlrs, Images —YV Tax Year Taxes `2017 51.77=1.92 C1::fsli NJ() SIA39,0S Fstimated littp:llact.L4trfeld-count},.cote'4issessor/taxweblaccount.jsp?accountNum=R015061 6i19;`?017 %1.L 1:17 U111 t'age T oT 1 Account. 8015037 Bthnattd hap:f/act.galeld-cnul�ty.con!assessor/taNveb/account.sp?t>ccottnti'u111=8015037 6/19,12017 C_jV "Ir 11J£9rt))1€111 Asse"agent k[istors Account jNumber R015037 Owner Latae K1I.ERSTFN- 1, I'RLD &- Actual(2017) Parcel Nam ber 2181-062-00-048 LINDA L Situs Address 00455-5 214 C©UNIN Owner Address 4555 COUNTY RD Assessed d 28.711 '�?S-7It; RD 214 Tax Arca: 015 Mill Levy_ 50.4090 4555 PF ICII VALLEY RD SILT. CO 9102 73.Pe Actual Assessed Acres SFT Emits City gilt IRlprateinent $3 18,710 S22,9j(1 i1.()cjfj fjjyjg 1'.Oi1j) i[I Land MAO S5-760 6.063 0.IJC]{1 1i.FJt?D 'T'as Area 615 - 2FI-S1' - 015 Legal Summary Section: 6 To%%nship: 6 iRange; 91 A TR UP LAND IN "1-1 [I: Sll'NW. Snle Tate SAIC Price We Description CO i : 191 l t zii J4'jEi ??' i [_ 'i-.•\[�.i [:Jf:1I.) I [�av Ili}rurr Images Tax Year Taa.cs *2017 $1.447.2.4 l'ft ?o 16 SI -G53.40 Bthnattd hap:f/act.galeld-cnul�ty.con!assessor/taNveb/account.sp?t>ccottnti'u111=8015037 6/19,12017 THE RED BARN GVEsT 3ET-kW-ArT4C1H[ EXHIBIT 9 Garfield County Community Development Department 108 8' Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garjrield-county.com TAX PARCEL NUMBER: 218106300135 PROJECT: Red Barn Guest Ranch OWNER/APPLICANT: Red Barn Guest Ranch LLC / Richard Hallett PRACTICAL LOCATION: 345 County Road 262, New Castle, Colorado ZONING: Rural ACREAGE: 20.76 Acres TYPE OF APPLICATION: Limited Impact Review for "Lodging Facility" GENERAL PROJECT DESCRIPTION DATE: June 27, 2017 The Applicant would like to apply for a Land Use Change Permit, for a lodging facility use on the 20.76 acre parcel. The Applicant has identified two "Guest Houses" on the property where the lodging facilities would be located. Currently, an Administrative Review, is pending for a Community Meeting Facility on the property on which the Applicant plans to create a commercial wedding venue. The lodging facilities would be used as part of the commercial wedding venue by allowing guests an option to stay on the property. One of the guest houses is identified by the County Assessor as being constructed in 1910, the other is not described in the Assessor's records. A lodging facility requires a Limited Impact Review in the rural zone district. Through the Community Meeting Facility Application, the Applicant has already supplied some of the information that will be required for the Lodging Facility review, particularly with regards to general application materials. The Applicant should note that while some of the same submittals can be used, all submittals will be required to be tailored to the Lodging Facility review. For example, the Applicant should demonstrate that the OWTS is appropriately sized and that legal, physical, and adequate water are provided for the specific Lodging Facility use. The Applicant is proposing to use well water and an OWTS to serve the lodging facilities. Access will be directly off of the County Road. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Garfield County Land Use and Development Code, specific sections: • Limited Impact Review, Section 4-104 ■ Common Review Procedures, Table 4-102 ■ Submittal Requirements, Table 4-201 ■ Article 7, Division 1, 2, and 3 II. SUBMITTAL REQUIREMENTS A Limited Impact Review requires the following items be submitted pursuant to Table 4-201 which includes the following items, further described in Section 4-203. ■ 4-203.13. General Application Materials a. Application Form and Fee b. Agreement to pay form c. Deed Statement of Authority Note: If the property is owned by an LLC as indicated in the Deed, then a Statement of Authority for the person able to sign on behalf of the LLC is required. 2 e. Letter of Authorization from the person designated to sign by the LLC, authorizing a designated representative to submit and act on behalf of the LLC f. List of mineral owners of record, including names and mailing addresses (see attached memo for further guidance on mineral ownership research) g. Names and mailing addresses of all property owners within 200 feet of the subject parcel h. Project narrative i. Copy of this pre -application conference summary ■ 4-203.0. Vicinity Map ■ 4-203.D. Site Plan —The Applicant should supply a site plan forthe entire site, but should address issues specific to the lodging facilities (location of parking, etc.) ■ 4-203.E. Grading and Drainage Plan ■ 4-203.F. Landscape Plan Note: A waiver may be requested with appropriate supporting information ■ 4-203.G. Impact Analysis Note: Applicant will need to respond to items 1— 8 of Section 4-203(G) ■ 4-203.1. Development Agreement Note: May be waived if project will not be phased ■ 4-203.x. Improvement Agreement Note: May be waived if no public improvements are required ■ 4-2031. Traffic Study —The applicant has submitted traffic information for the Community Meeting Facility. Average Daily Trips from the Lodging Facility should be added to that information and any necessary updates to letters should be made. ■ 4-203. M. Water Supply/Distribution Plan Note: The Applicant will need to demonstrate that the well has legal and physical ability to serve water for all proposed uses. The water supply plan AvIrlication Submittal should specifically address the proposed lodging 3 Hard Copies facilities. 1 Digital PDF Copy (on CD or USB stick) ■ 4-203.N. Wastewater Treatment Plan Bath the paper and the digital copy should be split into individual sections. Note: The Applicant will need to demonstrate that please refer to the list included in your the existing septic is legal and adequate for all uses pre -application conference sunwary fof it is serving, should an existing septic be proposed the submittal requirements that are to serve the use. The wastewater plan should appropriate for your application: specifically address the proposed lodging facilities. General Application Materials • Vicinity Map ■ Respond to all standards in Section 7, Divisions 1, 2 - Site plan Grading and Drainage plan and 3 and submit any additional material (reports, landscape Plan plans, studies, etc.) that provides evidence of • Impact Analysis ' Traffic Study compliance. Any additional materials to - Water Suppiy/DistfibutionPfan demonstrate compliance with Sections 7, Divisions AslarlewSTaTi Management Plan ,isY:°cie ? Sfi'anclar[is 1, 2, and 3. ■ 7-107. Access and Roadways. 3 Note: Demonstrate compliance with Table 7-107 based on ADT or submit a waiver, pursuant to the Road Submittals and Waivers policy 01-14 Submit three paper and one electronic copy (CD or USB Stick) of the application. Bath the paper and digital copies should be split into the above individual sections. Waivers: Should the Applicant chose to request waivers from submittal requirements or standards, the Application submittals will need to clearly address the review criteria contained in Sections 4-118 and 4-202 in justifying the requests. Where technical issues are concerned (i.e. roadway standards, traffic, drainage, erosion control) the Application needs to demonstrate that the issues are adequately addressed so that the waiver criteria is being met. Technical expertise and engineering reports may still be required to support the waiver request. Further pre -application meetings are recommended to discuss potential waiver requests with Staff prior to finalizing the Application submittals. IV. REVIEW PROCESS The process to accommodate a Lodging use shall require a Limited Impact Review process (4-104) pursuant to the Land Use and Development Code, as amended. A. Pre -application Conference. B. Application Submittal (3 hard copies and one electronic) C. Determination of Completeness. (20 days for staff review, 60 days for applicant to correct any deficiencies in the submittal) D. Submittal of Additional Application Copies. E. Schedule Public Hearing with BOCC, provide documentation regarding notice requirements in order to satisfy LUDO requirement of minimum 30 day/maximum 60 day notice prior to hearing. F. Referrals are sent out to various agencies and Staff for comments. G. Applicant mails Public Notice to adjacent property owners, mineral owners, publishes the hearing notice in the Rifle Citizen Telegram and posts the property. H. Evaluation by Director/Staff resulting in a Staff Report to the Board of County Commissioners. I. Public Hearing before the BOCC, resulting in a decision of final approval, approval with conditions or denial. J. Recording of decision in an approved Resolution K. If approved, issuance of a Land Use Change Permit based on demonstration of compliance with any conditions of approval. All applicable conditions of approval must be satisfied within 1 year of approval. M V. PUBLIC HEARINGS AND NOTICE Public Hearing notices shall be posted, mailed and published at least 30 days prior to the hearing pursuant to Section 4-101.E. None Planning Commission X Board of County Commissioners VI. REFFERALS Referral may include the following agencies: • Garfield County Road and Bridge Department ■ Garfield County Environmental Health Manager ■ Garfield County Consulting Engineer ■ Fire Protection District ■ Colorado Division of Water Resources • Any other agency deemed appropriate upon review of the submittal VII. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ 400 (Limited Impact Review — Lodging Facility) Plus any additional Staff time charged at staff hourly rate of $40.50 Referral Agency Fees: Engineering review fee based on hourly rate Total Deposit: $400 / Limited Impact Review Application 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 representations that may or may not be accurate. This summary does not create a legal or vested right. This summary is valid for six months following the signature date. Application Submittal — Public Information The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal. Pre-application Summary Prepared by: Patrick Waller Senior Planner June 29, 2017 Date Garfield Coutirr Umited Impact Review Process (Sect€oo 4-1041 ;p.l err-aol+�ata�i� t.rsi�f�re»r�� { -1f [rrcomptem W days to nomedy d+eficmm; a +Puashed, posted, and mast! to adjacent property owner% within �00 fit and rnemetat owners at mast 317 days but no moo P than 60 days prmr to 80CL pubfic hearing 02I day COMMer►r#re"bd Step 6: Eva]ution by Dlravta r "NOIR-1111.1.5r"x �a I Ga eld Coun MEMORANDUM TO: Staff' FROM: County Attorney's Office DATE: .lune 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 nand Use and Development Code of 2013 (`LUDO") Section 4- 101(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property "as such owners can he 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 CIaim 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 - Il? 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. ' M4EM, 0 June 24, 2014 Page 2 4. Research the legal description of the subject property with the CIerk 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. 5. 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 o%%rnership by yourself, consider hiring an attorney or Landman. Attorneys and sandmen specialize in determining mineral rights ownership, but they charge a fee for their services.