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HomeMy WebLinkAbout1.0 General Application Materials( APPLICATION NARRATIVE Douglas R Boyles is asking the county to take 8. 754 acres from 5720 County Road 301 Parachute, CO 81635, and add it to 5706 County Road 301 Parachute, CO 81635. 5720 County Road 301isa36 +/-acre tract of land. 5706 County Road 301isa40 +/-acre tract of land. I am selling 5720 County Road 301 and I wish to keep the alfalfa field, which is watered with my water. If the field remains with 5720 County Road 301, there is no water with which to water it. The boundary line adjustment is consistent with all county zoning as this is agricultural land and is considered medium high on the 2030 comprehensive plan suggesting 2-6 acres per dwelling unit. Both properties have their own existing homes, water, sewer, electric, gas, access, and there will be no changes. We are NOT creating a new lot. ~=~\C::s7:a.~~ ~ Douglas R Boyles ( c:6 Gar.field County ( Community Development Department · -108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www .prtield-eounty.com TAX PARCEL NUMBER: 2407-121-00171 (Doug Boyles) 2407-121-00-142 (Trust) PROJECT: Boyles Minor Subdivision -Lot Line Adjustment APPLICANT: Douglas Boyles DATE: 12/4/17 (updated 1 /8/18) OWNERS: Douglas Boyles & James Kenneth Boyles and Hilda Rose Revocable Trust PRACTICAL LOCATION: The site is located at 5720 County Road 301 approximately 3% miles east of the Battlement Mesa, in Section 12, T7S, R95W. TYPE OF APPLICATION: Minor Subdivision ZONING: Rural (R) SIZE: 26 acres and 54 acres (approximate configuration after boundary adjustment) 35 acres and 45 acres (approximate configuration prior to boundary adjustment) I. GENERAL PROJECT DESCRIPTION The Property owner is proposing to adjust the lots lines between the two properties. The proposal would convey approximately 8 +/-acres from the Trust Property to the Douglas Boyles property. The proposed boundary line adjustment is more consistent with the access and uses on the property and reflects the owner's intent for future use of the property. A minor subdivision is required as the Trust property will become fess than 35 acres as the result of the boundary line adjustment. Both properties have existing homes and infrastructure (access, water and OWTS). No other changes are proposed for the properties and the existing homes would continue to be served as existing. ( ( II. COMPREHENSIVE PLAN The property is designated Medium High on the Future Land Use Map of the Garfield County Comprehensive Plan 2030. The recommended density is 2 to < 6 acres per dwelling unit. Ill. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The following Sections of the Garfield Land Use and Development Code are applicable to the proposed application: • Section 5-301 Minor Subdivision (including review criteria) • Table 5-103 Common Review Procedures and Required Notice • Section 5-401 and Table 5-401 Submittal Requirements subject to waivers • Section 5-402 Description of Submittal Requirements including Final Plat • Section 4-103 Administrative Review (including public notice) • Section 4-203 Description of Submittal Requirements (as applicable) • Provisions of Article 7, Divisions 1, 2, 3 and 4, as applicable including site planning and subdivision standards. • Section 4-202, Submittal Waivers and Section 4-118, Waivers from Standards as applicable or needed. IV. SUBMITTAL REQUIREMENTS Outlined below is a list of information typically required for this type of Application. Specific notes have been provided on anticipated waiver requests. • General Application Materials including copy of the application form, application fees, signed Payment Agreement Form. • Proof of Ownership (title work, copy of a deed) and information on any lien holders. • Trust documentation, as applicable, including authority to represent • A narrative describing the request and related information. • Names and mailing addresses of properties within 200 ft. of the subject property, (including mapping is recommended). Mineral rights ownership for the subject property including mailing address. Information on how the mineral rights were researched also should be provided. • If owner intends to have a representative (Surveyor, Planner or Attorney) a letter of authorization to represent is needed. • Copy of the Pre-application Summary needs to be submitted with the Application. • Vicinity Map including areas within approximately 3 miles. • The Proposed Minor Subdivision Plat showing the proposed lot lines and all easements existing and proposed including utility and access easements. • Site Plan and related information. Waivers to only show details and topography/grade information in the vicinity of the access driveway and homes will be acceptable. ,- / ( • The site plan/plat should include improvement location information adequate to confirm that no nonconforming conditions will result from the proposed subdivision. • A Water Supply Plan including information on legal water (well permits) is needed. Based on the fact that homes and existing wells are in operation serving each of the lots a waiver from submittal of well pump tests and water quality tests with the .initial application will be acceptable, however, it is anticipated that completion of these tests for both lots will be required prior to final execution of the Minor Subdivision Plat. • Waste Water Management Plan shall include a description of the existing OWTS, their locations on each tot, a copy of any County OWTS Permits, if available, shall be required including a general statement confirming that they are operating property. • Information on other existing infrastructure including electric service. • Any existing or proposed covenants on the property. • The Application submittal need to include documentation on compliance with road grades, roadway widths, and roadway easements. Waivers from submitting documentation on other roadway standards will be acceptable. Additional review of access shall occur as part of the development review process including referral comments from the Fire Protection District. • Statements or representations regarding the lack of any new or required subdivision improvements is needed. • Referral to the Colorado Geological Survey (CGS) will occur, however, the CGS has verbally indicated that they may not require the review fees provided the Application is able to reflect that no new tots are being created and that no new building envelopes will be created in areas mapped with geologic hazards. The hazard mapping and envelope information requested by the CGS should be provided with the Application submittals. • A general information and statements regarding conformance with other Article 7 Standards, including but not limited to geologic hazards, water body setbacks, fire protection, and wildlife habitat will be acceptable based on the existing homes/development on the property. • Waiver requests from submittal requirements or standards need to be included in the submittals and the waiver criteria clearly addressed (Sections 4-118 and 4-202). Additional follow-up meetings with staff are recommended to further discuss waiver options. The Application submittal needs to include 3 hard copies of the entire Application and 1 Digital PDF Copy of the entire Application (on a CD or USB Stick). Both the paper and digital copies should be split into individual sections. Please refer to the pre-application summary for submittal requirements that are appropriate for your Application. V. REVIEW PROCESS The review process shall follow the steps contained in Table 5-103 and Section 4-103 for an Administrative Review including: • Pre-Application meeting (completed) ( • Submittal of Application (3 hard copies & one digital PDF copy) • Completeness Review • Additional Submittals if determined to be incomplete • Setting a date for the Director's Decision • Referrals sent out to reviewing agencies including the Colorado Geological Survey • Public Notice to Property Owners within 200 ft. and mineral rights owners on the subject property • Director's Decision • 10 Day Call-up Period • Finalizing the Minor Subdivision Plat and any required conditions • Circulation of the plat for Applicant & Other Signatures • Board of County Commission Signing the plat as a consent agenda item A request to call the application up for review by the Board of County Commissioners may be initiated by the Director of the Community Development Department, the Board of County Commissioners, the Applicant or an affected Adjacent Property Owner in accordance with the procedures contained in Section 4-112. Public Hearing(•): Referral Agencies: l Directors Decision (with public notice) _ Planning Commission _Board of County Commissioners _ Board of Adjustment May include but are not limited to: Garfield County Surveyor, Garfield County Road and Bridge, Department, Garfield County Consulting Engineer, Garfield County-Vegetation Manager, Colorado Geological Survey, Fire Protection District, Colorado Division of Water Resources, Garfield County Environmental Health. VI. APPLICATION REVIEW FEES Planning Review Fees: $400 Referral Agency Fees: $tbd ($600 Colorado Geological Survey fee may be waived by CGS -others tbd) Total Deposit: $400 (additional hours are billed at hourly rate of $40.50) VII. GENERAL APPLICATION PROCESSING 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. The summary is valid for a six month period, after which an update ( should be requested. 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 Summarv Prepared by: /JA-/~ Glenn Hartmann, Senior Planner Garfield County Community Development Department 1rector j!__z Jz u 1 B Date Community Development Department ( e Garfield Co1mty Minor Subdivision Rolew Procell (Section 5-301) Step 1. Pre application Conference •Applicant hes 6 month& to submit eppllc:etfon "'' • "> \ 1 1,i t 11 f I •10 business days to review •If lncompl9te, 60 days ID rem.ty deflclendea •Malled to adpcent property owners within 200 ft!et and mlnenil owners at least 15 days prior to decision date o.., t ~ , • : 1 I f J ~ f •21 day comment Plflad !'t<'p l Dirt' tn' 's fJe, ;qnr1 ' , ' , <al-up Period -within 10 days of Director's Decision •Applc:ant h• 1 yqr lD meet any conditions of approval ( ( Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-countv.com · SUBDIVISION/EXEMPTION DIVISIONS OF LAND APPLICATION FORM !-:-:-'. 0 Preliminary Plan Amendment i Major Subdivision -~O Final Plat_~_m_e_n_dm_e_n_t _____ _ ~ D Sketch D Preliminary D Final I D Common Interest Community Subdivision t~is:~i~;~;~r;:g_P~l~inaiY_l:J£i~~i__J ___ ~-~~~~:c(~~~;=~~~;~~;-~ -j INVOLVED PARTIES Owner I Applicant I Nam;v(j)l..>9Les B.. Bayles Phone:c'i7Di379 8~32. Mailing Address: 570Co C. £< • 3o l City: P~PA<Lhl.J'ie V State:G:> ZlpCode: Bl(o.3.5 1 E-mail: dougbOl.iLe.5@__lCA..\\oo 1 (Of("'\ I Representative(AuthorizationR;quir-ed-)----------------~--~ Name: _________________ Phone: ( _______ _ Mailing Address: ________________________ _ City: ______________ State: ___ ZipCode: ______ _ E-mail: ___________________________ _ PROJECT NAME AND LOCATION -------------------·-,..---------~·-... ------· P\$'~NS~' ~O-N<:.~ lo\-L1Ne RlXI I Assessor's Parcel Number: ~ _!i_Q_J_ -_L o2. _L-_/;_~.J__:J 2- Physical/Street Address: . 5 7 2.0 c ' R ' -3o I \"o..Rg,Ch u+e I <;18tca3 .s Legal Description: NE'/<!., NI? 1'f, S<::c. \2 i!Wp 7.5 l?M995 w~ Pm ( I Existing Use: B: e.51 "Jj!N'hfl L j:&J::.1J. /f1.JML Proposed Development Aree1 Land Use Type # of Lots #of Units Acreage Parking Single Family Duplex r--=-~~~--~~-r-~~~~~1--~~~-~~-1-~~~~~~-+---~~~~~-~ Multi-Family Commercial r-~~~~~~~----~-~~~~-t----~~-~~-~--~~~~~--1-~~~~~~~ Industrial Open Space Other Total REQUEST FQR WAIVERS Submission Requirements O The Applicant requesting a W iver of Submission Requirements per Sectio_'±_202. ~ist: Section: -7-0 WC-\. &u ection: t-j-203 S/ /'(L Q/4.N Section: Section: ' I Waiver of Standards L] The Applicant is requesting a Waiver of Standards per Section 4-118. List: I Section: J -(./ 0 3 . Section: 7 I 0 ~ . Section: 7 -(0 'f Section: ___.]'----if,.....0 ..... 7_,__ ______ _ ~~~~~~~~~~~~~~~~~-~------1 I have read the statements above a d have provided the required attached information which is nowledge. OFFICIAL USE ONLY File Number: ____ -___ _ Fee Paid:$ __________ _ ( cEt Garfield County PAYMENTAGREEMENTFORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") -----------------------------agree as follows: 1. The Applicant has submitted to the County an application for the following Project: KP'.'>t'-+?aoch lo{ lint' Oc!Jusf 1nen/-. 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. c~~-rachuf, ts l<o3!:> Bill\ng Conpict E~il: h dou3boyLeS a> ya C>O. ~om Page2 Phone: State: QO Zip Code: I 2/, 5 /201f) (Date) ( ( COLORADO GEOLOGICAL SURVEY SUBMITTAL FORM FOR LAND-USE REVIEWS County ~ f I<:: \ J (ov ,g\u Data R ~ ~ 5 \ I ~ Project Name Rose PaNc.b let L11'-!C) B1>:S ' ; APPLICANT (or Applicant's Authorized Representative responsible for paying CGS-review fee) Name~ OJ] I es ~ . 5oi1 Les Address ~7A~ 34--;3{1 ea.~ h · co t5\(e3S"'° Ph. No. i70? 71 Bb3 2--Fax No. ______ _ Reviews for Counties FEE SCHEDULE (effective June 1, 2009) Section(s) L L Township 7 5 Range 9s--w Dec Lat ___ _ Dec Long __ _ Small Subdivision(> 3 dwellings and< 100 acres) ......................................... $950 Large Subdivision (~ 100 acres and < 500 acres) ....................................... $1,550 Very Large Subdivision (500 acres or more) ............................................... $2,500 Very small residential subdivisions (1-3 dwellings and< 100 acres) ................... $600 Reviews for Municipalities ......................................... At hourly rate of reviewer Special Reviews ....................................................... At hourly rate of reviewer School Site Reviews ......................................................... $855 CGS LAND USE REVIEWS Geological studies are required by Colorado counties for all subdivisions of unincorpo- rated land into parcels of less than 35 acres, under State statute C.R.S. 30-28-136 (1) (i) (Senate Bill 35, 1972). Some Colorado municipalities require geological studies for sub- division of incorporated land. In addition, local governments are empowered to regu- late development activities in hazardous or mineral-resource areas under C.R.S. 24-65.1- 101 et seq. (House Bill 1041, 1974) and C.R.S. 34-1-301 et seq. (House Bill 1529, 1973), respectively. Local-government agencies submit proposed subdivision applications and supporting technical reports to the Colorado Geological Survey " ... for evaluation of those geologic factors which would have significant impact on the proposed use of the land," in accor- dance with State statutes. The CGS reviews the submitted documents and serves as a technical advisor to local-government planning agencies during the planning process. Since 1984, the CGS has been required by law to recover the full direct cost of perform- ing such reviews. The adequate knowledge of a site's geology is essential for any development project. It is needed at the start of the project in order to plan, design, and construct a safe devel- opment. Proper planning for geological conditions can help developers and future owners/users reduce unnecessary maintenance and/ or repair costs. ( COLORADO GEOLOGICAL SURVEY SUBMITTAL FORM FOR LAND-USE REVIEWS County ~~\eld Date 2 \ \ S-) l ~ APPLICANT (or Applicant's Authorized Representative responsible for paying CGS-review fee) Name 0o~lAs R, Bol~ S7oto C. R ,-3ial Pa..Rochuic',CdSI Address Ph.No. _Fax No._ 14, 12, or 1414 Section(s) f ·2 _Township_ 7 S Dec Long Range <j5 r../« Lat Reviews for Count/i 1s FEE SCHEDULE (effective June 1, 2009) Small Subdivision (> 3 dwellings and < 100 acres) Large Subdivision~ 100 acres and< 500 acres) .... Very Large Subdivision (500 acres or more) .... $950 . ..... $1,550 $2.500 ( Reviews for Municipalities . . . . . . . . . . . . . . . . . . . . . . . . . . ............. At hourly rate of reviewer Special Reviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .............. At hourly rate of reviewer School Site Reviews ......................................................... $855 CGS LAND USE REVIEWS Geological studies are required by Colorado counties for all subdivisions of unincorpo-rated land into parcels of less than 35 acres, under State statute C.R.S. 30-28-136 (1) (i) (Senate Bill 35, 1972). Some Colorado municipalities require geological studies for sub-division of incorporated land. In addition, local governments are empowered to regu-late development activities in hazardous or mineral- resource areas under C.R. S. 24-65 .1- 101 et seq. (House Bill 1041, 1974) and C.R.S. 34-1-301 et seq. (House Bill 1529, 1973), respectively. Local-government agencies submit proposed subdivision applications and supporting technical reports to the Colorado Geological Survey " ... for evaluation of those geologic factors which would have significant impact on the proposed use of the land," in accor-dance with State statutes. The CGS reviews the submitted documents and serves as a technical advisor to local-government planning agencies during the planning process. Since 1984, the CGS has been required by law to recover the full direct cost of perform-ing such reviews. The adequate knowledge of a site's geology is essential for any development project. It is needed at the start of the project in order to plan, design, and construct a safe devel- opment. Proper planning for geological conditions can help developers and future owners/users reduce unnecessary maintenance and/or repair costs. Colorado Geological Survey.• 1500 llnols SlrHt, Golden, CO 80401•Ph:303-384-21155, Fu: 303-384-2655 • EmaA: CGS_LUROmlneudu •cotoradoGeologlcalSuivey.org Frequently Asked Questions and Ansvvers Regarding the CGS Land Use Review Process created 31161118, revised 11/21/2013 ( In 1972, Senate Bill 35 was pessed stating that any person or entity subdividing a rcoperty into parcels of 35 acres or less on uninc<Xporated land must submit geologic or geotechnical repor1ll to the County as part of the rceliminary plat application process. Municipalities oc public agencies may request that CGS review a site, although these reviews are not governed by the statute. 2 Wily is a CGS review 1reca11ary wlrm I alttady lliretl my own gedogist1 The CGS review is an independent third-party review that is done for the County, similar to the service a building inspectoc provides foc construction review. The purpose of the CGS review is to ensure that all geologic concerns have been adequately identified and addressed in the geologic repor1ll and that the proposed development is feasible. 3 Wily does CGS charge for ltllld use n!Views1 Doan 't taxpayer 7 T'he subdivision down tire rOtlJ was approved. wiry wasn't mine? There could be several reasons: geologic conditions can change over short distances; subdivisioos made prior to 1972 were not required to undeigo a COS review and may have not been evaluated for geologic suitability at all; the area down the road may be incocporated as part of a municipality, which exempts it from the CGS review process. Anothm-consideration is that geologic reviews are continually evolving and site conditions that have been judged acceptable in the past may no longer be considered as such, based on the current wderstanding of the geologic processes and adverse impacts associated with them. 8 Why t1Te CGS ~ requind ~ ot1 low-Unsity propatia? 10 Senate Bill 35 pertains to subdivisions of less than 35 acres. Geologic hazards can occur on huge-scales oc small-scales; relying on low-<lensity subdivision can not mitigate all geologic hazards. For instance, entire hillsides might be prone to rockfall or landslide hazards. Large tracts of land may be subject to groundwater i:roblems. money pay for tlris !ID'Vice? 9 Why can't I ftut uu tlte soil coMervation lft#lpS for a geologic COS land use reviews are !!Qt subsidiz.ed through the general fund, although some other review agencies are suppated by t.axpeyer money. In 1984 the state legislature decided that CGS reviews should be paid for with fees paid by the applicant of the i:roposed development so that taxpayers are not viewed es subsidizing development report? The USDA soil conservation maps are a good start foc geologic investigatiCOI, but do not contain sufficient detail on the possible geologic i:roblems that may occur at any site. Aren't sot* of your review comments beyond tlte scope of gulogic lta:.tll'ds Oii my site? Did the CGS geologi8t make a fidd visit to tlul !ii.ti:? Technically other agencies have regulatory authority regarding A COS geologist visits each site being reviewed. If the review is a re-submittal for a site that has been visited i:reviously, a second site visit may not be necessary. If significant changes have occurred since the initial review, the site may be visited again. 5 W111 is the CGS review Iota-so !ilaort and simple? What is my fee paying for? The CGS letter is a review of the geologic material submitted and reflects the level of detail contained in thoae documents. CGS does not off« designs, but rath« ensures that the wock that has been done is meaningful and adequate foc the site conditiCOI and i:roposed development. A site review that adequately addresses all the geologic conditions present at the site may be a short confirmation letter. If moce wock needs to be done or if difficult site conditions are present, the letter may be longer. 6 Wllat type of Information do I need to !lllbmil to CGS for a land U# review? 11 The more geologic information that is submitted to CGS, the easier it is for CGS to evaluate the i:roperty. The required documem may vmy based on county requirements and the potential problems that may impact the i:roposed development. A topographic map is essential. Also, information reganiing slope, surficial materials, subsurfaoe materials and bedrock, presence of groundwater and depth, and specific geologic hazmds should be included, where applicable. Grading plans, drainage plans, and geotechnical testing results are also very helpful foc the review. The presence of geologic hazards should be evaluated with respect to the development plan Also, the effect of development on geologic conditiCOI should be discussed The evaluatioo should include alternatives 8UCh as avoidance and mitigation techniques. issues 8UCh as flood plains, groundwater availability and wildfire, but these issues are also important factas in the overall geologic cootext of the site and may affect geologic hazards oo the site. The mention of a condition in the COS review letter is not intended to influence the statutory authority of any other agency, but rather to ensure that all parties are aware of a potentially problematic geologic coodition Foc instance; mention of a situation involving a major drainage is a flag that the U.S. Anny C<XpS ofF.ngi.neeB or the Colorado Water Cooservation Board should be reviewing development plans. W71en I bougllt this property, no one told me abollt 11111 geologic lta:.ards ot1 tire site; can I go back to tire previous ownqs somdow'! CGS can not give legal advice. If the seller was aware of adverse conditions with respect to the proposed use, this should have been disclooed. A legal opinion should be sought 12 Can I get a waiver from having tlte CGS do a review? The discretion to grant waivers is vested by law with the counties. Once an application for review is submitted to COS, we are under a statutocy responsibility to respond ( ( 13 I am willing to accept the risk associated wit" my property - wiry is it anyone's b11sinas what I do wit" my own land? The prestunption associated with a subdivision is that portions of the properfy will be sold to others. This then assigns any risk to future buyers, and the county is required to protect their interests. Senate Bill 35 addresses a wide variety of land use issues as well as geologic suitabilicy in an attempt to provide infonnation so that the overall appropriateness of the subdivision proposal can be evaluated. ( ( I I I I I Ll Access Easement Book 540, Page 770 Right-of-Way for Access & Utilities Book 1236, Page 312 EXHIBIT SCALE: 1 "= 200' I I~ I~ I ~ North 1116 Comer Section 7 ,.J 3" Brass Ca.p LS No. 9009 in Place I -i I~ I \o I~ I~ ,s ._I fl.l I West 114 Comer section 7 l_ Rebar and Ca.p LS No. 31143 in Pface ~ PROPERTY DESCRIPTION A PARCEL OF LAND SI7TJA1E IN THE NEl/ 4 OF SECTION 12, TOWNS/HP 7 SOUTH, RANGE 95 WEST OF THE 67H P.M., COUNTY OF GARFIELD, STA1E OF COWRADO. ALL BEARINGS RELA2YVE TO A BEARING OF N00°39'26•E ALONG THE EAST LINE OF SAID SECTION 12 BE'IWBEN THE EAST 114 CORNER OF SAID SECTION 12, A t6 REBAR AND 3-1/4• AWMINUMCAP STAMPED LS NO. 31143 AND THE NORTH 1/ 16 CORNER BETWEEN SAID SECTION 12 AND SECTION 7, TOWNSHIP 7 SOUTH, RANGE 94 WEST OF THE 67H P.M., A #6 REBAR AND 3• BRASS CAP STAMPED LS NO. 9009, SAID PARCEL OF LAND BEING MORE PARTfCULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SAID Nl/ 16 CORNER; THENCE ALONG THE EAST UNE OF SAID SECTION 12 N00°39144•E 44.05 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID EAST LINE N80"01'33"W1308.40 FEET; THENCE NOl 056'05"E 324.90 FEET; THENCE N89"28'10"E 80. 77 FEET; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 323.85, AN ARC LENGTH OF 211.64, (CHORD BEARS 872°43'1 O"E, 207. 90 FEET}; THENCE S57°39'07"E 326.86 FEET; THENCE N40.52'19"E 255.11 FEET; THENCE S58°18'15"E 187. 75 FEET; 7HENCE S45°14'04"E 35.07 FEET; THENCE S36°38'12"E 103.60 FEET; THENCE NBl 031'16"B296.61 FEET TO THE EAST LINE OF SAID SECTION 12; THENCE ALONG SAID .EAST LINE S00°39'44"W 327.13 FEET TO THE TRUE POINT OF BEGINNING, SA.ID PARCEL CONTAINING 8. 754 ACRES MORE ORLESS. DATE: FEBRUARY 1, 2018 JOB NO: ___ 1-=2-..03=5=·=01....__ TSP Rioc1q/ Jloon1ain U.C cl o Jlerit Advisors LP POBm:330 Gainesville, 7X7~1 1Wachute, co ReclpCion Bo. 677338 Government Lot l, Sectiort 7 Reference Monlan8ntfor North West Comer &mart 7 a 11z-vsaw BrMs cap inl'face (BearaN01"01'0S"ES1~17 ~ Field N88"25'29" W 1121.50' t:----------------- Record N 89°53'34• W Sr.JO County Road 301 Reoepdcm Bo. 774378 .26.192:1:~(At;~ &!!cord N 89"25'39" W Field N 87"57'34" W 1323.25' IC ~ co ':I "" ;:! IC ':I 7 'RBjrmmoe Monument/or North West Comer Section 7 .2 1/:r USOLO Bmss cap in 1'faat {Bea1's SCWOl'OS"W S0.957 l- it ·~ s ~ IO ..: • ~ .... (A) s ~ r a :c: s £ ~ ~ .klm&s Lemon 6343 CciuntJI Rood 301 Rempdon No. 622094 Gm.ienuMnt Lot l, Secdori 7 Double B Randl Ll..C 5706 County Road 301 Ptmichule, co 81635 ParoelA Double B RDnch Subdivision Prat Rfloeption.No. 844003 West 114 Comer S9cdon 7 RUat-an.d cap LS No. 31143 in l'fac:e M Imagery ©2018 DigitalGlobe, USDA Farm Service Agency, Map data ©2018 Google 200 ft ,---r 5720 ~\te ?LOJ".I \J '~ c (p. -· t ( fP -· rr ( Garfield County Garfield County Land Explorer Printed by Web User f'''fff~ !Hirn~ 1inch=0.14 miles 0.1 0.2 0.4Miles ............ ==========::::J © Garfield County Garfield County Colorado www.garfield-county.com Disclaimer Colorado This is a compilation of records as they appear in the Garfield County Offices affecting the area shown. This drawing is to be used only for reference purposes and the County is not responsible for any Inaccuracies herein contained. Copyright Garfield County, Colorado I All Rights Reserved Printed: 2/15/2018 at 3 :22 :43 PM Garfield County Garfield County Land Explorer Printed by Web User rWim1J11 1inch=0.14 miles 0.1 0.2 0.4Miles ............ ==========:=] ·+· s © Garfield County Garfield County Colorado www.garfleld-county.com Disclaimer Colorado This is a compilation of records as they appear in the Garfield County Offices affecting the area shown. This drawing is to be used only for reference purposes and the County is not responsible for any inaccuracies herein contained. Copyright Garfield County, Colorado I All Rights Reserved Printed: 2/8/2018 at 1:02:56 PM COMMITMENT for TITLE INSURANCE issued by ~Ir~J~t~OMPANY as agent for WESTCOR LAND TITLE INSURANCE COMPANY Reference: Commitment Ordered By: Cheryl Chandler Cheryl & Co Real Estate 120 West 5th Street Rifle , CO 81650 Phone: 970-625-4441 Fax: 970-625-4447 email: cheryl @cherylchandler.com Commitment Number: 1201217-C2 Inquiries should be directed to: Kari Arneson Title Company of the Rockies 111 E. 3rd Street Floor 1, Suite 101 Rifle, CO 81650 Phone: 970-625-5426 Fax: 844-269-2759 emai I: KArneson@titlecorockies.com Reference Property Address: 5720 County Road 301, Parachute, CO 81635 SCHEDULE A I. Effective Date: January 22, 2018, 7:00 am Issue Date: January 30, 2018 2. Policy (or Policies) to be issued: a) AL TA Owner's Policy (6-17-06) Policy Amount: Premium: Proposed Insured: Regina Pretti b) ALTA Loan Policy (6-17-06) Policy Amount: Premium: Proposed Insured: A Lender To Be Determined 3. The estate or interest in the Land described or referred to in this Commitment is: Fee Simple and Title to said estate or interest is at the Effective Date vested in: James Kenneth Boyles and Hilda Rose Boyles, Revocable Trust $445,000.00 $1,304.00 $410,000.00 $450.00 4 . The Land referred to in this Commitment is located in the County of Garfield, State of Colorado, and is described as follows: FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE LEGAL DESCRIPTION The Land referred to herein is located in the County of Garfield, State of Colorado, and described as follows: SECTION 12, TOWNSHIP 7 SOUTH, RANGE 95 WEST, 6TH P.M . A parcel of land in the NE 114 more particularly described as follows: Commencing at the Northeast I/16th corner of said Section 12; thence North 00°48'2 l" West along the East line of Section 12 a distance of 44.05 feet to the POINT OF BEGINNING; thence continuing North 00°48'2 l" West along the East line of Section 12 distance of 1,300.00 feet to a brass cap, being witness corner for the Northeast comer of Section 12; thence North 89°53'34" West along a fence line, a distance of 1121.50 feet; thence South 33°28'17" West along a fence line, a distance of 173.36 feet; thence South 26°30'07" West along a fence line, a distance of 115.66 feet; thence South 00°28'00" West along a fence line, a distance of 860.35 feet; thence South 81°29'38" East a distance of 1,308.40 feet to the POINT OF BEGINNING. EXCEPTING the West thirty feet of the NEI/4 NEl/4 as conveyed to the Board of County Commissioners by Document recorded November 12, 1894 in Book 20 at Page 395 as Reception No. 17843. Commitment No. 120 l 217-C2 COMMITMENT FOR TITLE INSURANCE SCHEDULE 8 -SECTION l REQUIREMENTS Schedule B-1 Requirements THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Statement of authority for James Kenneth Boyles and Hilda Rose Boyles, Revocable Trust, a ___ trust, evidencing the existence of said trust and the authority of one or more trustees to act on behalfof said trust and otherwise complying with C.R.S. 38-30-108.5, et. seq. NOTE: Review Trust Agreement for authority of party(ies) to act on behalf of said trust and complete the transaction contemplated herein. 2. Release by the Public Trustee of Garfield County of the Deed of Trust from James K. Boyles and Hilda R. Boyles for the use of Wells Fargo Bank, NA, to secure $400 ,000 .00, dated August 31 , 2009, and recorded September 2, 2009 at Reception No. 774379. 3. Deed from James Kenneth Boyles and Hilda Rose Boyles, Revocable Trust to Regina Pretti. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288- CRA 39-14-102. 4. Deed of Trust from Regina Pretti to the Public Trustee of Garfield County for the use of A Lender To Be Determined, to secure $410,000.00. The Owner's Policy, when issued, will not contain Exceptions No. 1, 2 , 3 and 4, provided that: (A) The enclosed form of indemnity agreement or final affidavit and agreement is properly executed and acknowledged by the party(ies) indicated and returned to the Company or its duly authorized agent, (B) The Company or its duly authorized agent receives and approves a Land Survey Plat, Improvement Survey Plat or ALTA survey properly certified by a registered surveyor or engineer, and (C) Applicable scheduled charges in the amount of $75.00 are paid to the Company or its duly authorized agent. The Mortgage Policy, when issued, will not contain Exceptions No. 1, 2, 3 and 4, and will contain Endorsement Form 100, provided that: (A) The enclosed form of indemnity agreement or final affidavit and agreement is properly executed and acknowledged by the party(ies) indicated and returned to the Company or its duly authorized agent, and (B) Applicable scheduled charges in the amount of $0.00 are paid to the Company or its duly authorized agent. Alta Commitm ent -2006 Schedule B-1 Requirements Commitment No. 1201217-C2 Schedule B-1 Requirements (continued) The Mortgage Policy, when issued, will contain the following Endorsement Form(s), provided that applicable scheduled charges in the amount(s) following each endorsement are paid to the Company or its duly authorized agent. 8.1 115 .2 $0.00 $0.00 24-month Chain of Title: The only conveyance(s) affecting said land recorded within the 24 months preceding the date of this commitment is (arc) as follows: QUITCLAIM DEED recorded January 8, 2010 at Reception No. 780306 NOTE: If no conveyances were found in that 24 month period, the last recorded conveyance is reported. If the subject land is a lot in a subdivision plat less than 24 months old, only the conveyances subsequent to the plat are reported. EXCEPTION NO. 5 UNDER SCHEDULE B, SECTION 2 OF THIS COMMITMENT WILL NOT APPEAR IN THE POLICY OR POLICIES TO BE ISSUED PURSUANT HERETO, PROVIDED THAT (A) THE DOCUMENTS CONTEMPLATED BY THE REQUIREMENTS SET FORTH IN SCHEDULE B, SECTION 1 OF THIS COMMITMENT ARE SUBMITTED TO AND APPROVED AND RECORDED BY THE COMP ANY OR ITS DULY AUTHORIZED AGENT, AND (B) AN EXAMINATION OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GARFIELD COUNTY, COLORADO BY THE COMPANY OR ITS DULY AUTHORIZED AGENT DISCLOSES THAT NO DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS HAVE BEEN RECORDED IN SUCH RECORDS SUBSEQUENT TO THE EFFECTIVE DATE HEREOF. Alta Commitment -2006 Schedule B-1 Requirements (continued) Commitment No. 1201217-C2 Schedule B-II Exceptions COMMITMENT FOR TITLE INSURANCE SCHEDULE B -SECTION 11 EXCEPTIONS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Any facts , right, interests, or claims which are not shown by the Public Records but which could be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. 2. Easements or claims of easements, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 4. Any lien, or right to a lien for ervices, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the Public Records or attaching subsequent to the effective date hereof, but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. Right of the Proprietor of a ve~ r lode to extract an ove his ore therefrom, should the same be found to penetrate or inters (the premises hereby grante as reserved in United States Patent recorded December 1 7, 18 8 in Book 12 at Page 499. 8. ates, as reserved in 9. Any and all water and water rights, reservoir and reservoir n and ditch rights, and the enlargements and extensions thereof, and all laterals, flumes and headgates used in connection therewith. 10. Any rights, interests or easements in favor of the State of Colorado, the United States of America, or the general public , which exist or are claimed to exist in , over, under and/or across the water d present and past bed and banks of the Holmes Ditch. ~ 11. An undivided one-half (1 /2) interest in oil , gas and other mineral rights, as reserv Long in the Deed to Larry bradley and Mary C. Bradley, recorded September 6, 1 Page 527, and any and all assignments thereof or interests therein. 12. nd · ht ~f wa)or access purposes, as granted by Harold Bumguardner and Kay to Ronald . Johnson and Cindy Johnson , by instrument recorde.d September 19, 1978 1 at Pa re 652 , ctober 31, 1979 in Book 538 at Page 820 and December 12, 1979 in Book "-"-"---"'~-....-e"""'7~7~0 , said ease ent being more particularly described therein. Alta Commitment -2 006 Schedule B-11 Exceptions Commitment No. 12012 l 7-C2 Schedule B-JI Exceptions (continued) 13. Tenns, agreements, provisions, conditions and obligations as contained in Lemon-Bumguardner Spring Development and Pipeline Agreement recorded January 23, 1982 in Book 542 at Page 714. 14. Oil and Gas Lease between Keith L. Brown and Carol L. Brown and Barrett Resources Corporation, recorded June 25, 1992 at Reception No. 436125 and any and all assignments or interests therein. l 5. Easement and right of way for ingress, egress and utilities purposes, as granted by Double B Ranch, LLC to Josh B. Lyons and Jana J. Lyons, by instrument recorded March 9, 2001 at Reception No. 577197, said easement being more particularly described therein. 16. Easement and right of way for electric transmission and distribution line purposes, as granted by Josh B. Lyons and Jana J. Lyons to Holy Cross Energy, by instrument recorded May 31, 2001 at Reception No. 581837, said easement being more particularly described therein. 17. Terms, agreements, provisions. conditions and obligations as contained in Contract for Electric Service recorded June 8, 2001 at Reception No. 582324. 18. Easement and right of way for purposes, as granted by Josh B. Lyons and Jana J. Lyons to Holy Cross Energy, by instrument recorded October 22, 2001 at Reception No. 59034 7, said easement being more particularly described therein. 19. Oil and Gas Lease between Josh B. Lyons and Jana J. Lyons and Apollo Energy, LLC, recorded May 24, 2006 at Reception No. 698555 and any and all assignments or interests therein. 20. An undivided one-half (1/2) interest in oil, gas and other mineral rights, as reserved by in the Deed to James K. Boyles and Hilda R. Boyles, recorded September 2, 2009 at Reception No. 774378, and any and all assignments thereof or interests therein. Alta Commitment -2006 Schedule B-11 E-cceptions (continued) CommitmentNo. 1201217-C2 Disclosure Statements DISCLOSURE STATEMENTS Note 1: Colorado Division oflnsurance Regulations 3-5-1, Paragraph C of Article VII, requires that "Every Title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the Title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." (Gap Protection) Note 2: 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 purpose of construction on the Land described in Schedule A of this Commitment within the past 13 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A though 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. E. Payment of the premium for said coverage. Note 3: The following disclosures are hereby made pursuant to§ 10-11-122, C.R.S.: (i) The subject real property may be located in a special taxing district; (ii) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent; and (iii) Information regarding special districts and the boundaries of such districts may be obtained from the County Commissioners, the County Clerk and Recorder, or the County Assessor. Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident withholding). Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given: (a) If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate then 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. Note 6: Effective September 1, 1997, C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch the clerk and recorder may refuse to record or file any document that does not conform. Note 7: Our Privacy Policy: We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. Note 8: Records: Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not less than seven (7) years, except as otherwise permitted by law. Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that Disclosure Statem ents "A title entity shall not earn interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be made at any time up to and including closing." Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such purpose(s). Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable (e .g., any money over any administrative fees involved in figuring the amounts earned). Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that "U ntil a title entity receives written instructions pertaining to the holding of fiduciary funds , in a form agreeable to the title entity, it shall comply with the following: 1. The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a fiduciary capacity. 2. The title entity shall use any funds designated as "earnest money" for the consummation of the transaction as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise provided in this section. If the transaction does not close, the title entity shall: a. Release the earnest money funds as directed by written instmctions signed by both the buyer and seller; or b. If acceptable written instrnctions are not received, uncontested funds shall be held by the title entity for 180 days from the scheduled date of closing, after which the title entity shall return said funds to the payor. 3. In the event of any controversy regarding the funds held by the title entity (notwithstanding any termination of the contract), the title entity shall not be required to take any action unless and until such controversy is resolved. At its option and discretion, the title entity may: a. Await any proceeding; or b. lnterplead all parties and deposit such funds into a court of competent jurisdiction, and recover court costs and reasonable attorney and legal fees; or c. Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons and complaint or claim (between buyer and seller), containing the case number of the lawsuit or lawsuits, within 120 days of the title entity 's written notice delivered to the parties, title entity shall return the funds to the depositing party." Title Company of the Rockies Disclosures All documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The Clerk and Recorder will refuse to record or file any document that does not conform to the requirements of this section. Pursuant to C.R.S. 30-10-406(3)(a). The company will not issue its policy or policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent: or until the Proposed Insured has notified or instructed the company in writing to the contrary. Pursuant to C.R.S. 10-11-122. No person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawals as a matter of right. Pursuant to C.R.S . 38-35-125(2). The Company hereby notifies the proposed buyer in the current transaction that there may be recorded evidence that the mineral estate, or portion thereof, has been severed, leased, or otherwise conveyed from the surface estate . If so, there is a substantial likelihood that a third party holds some or all interest in the oil, gas, other minerals , or geothermal energy in the subject property. Such mineral estate may include the right to enter and use the property without the surface owner's permission. Pursuant to C.R.S. 10-11-123. If this transaction includes a s ale of property and the sales J?Iice exceeds $100 ,000.00 , the seller must comply with the disclosure/withholding requirements of said section. (Nonresident withholding) Pursuant to C.R.S. 39-22-604.5. Notice is hereby given that: The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Comm1ss10ners, the County Clerk and Recorder, or the County Assessor. Pursuant to C.R.S. 10-11-122. Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulation 8-1-2; "Gap Protection" -When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction, the Company shall be responsible for all matters which appear on the record prior to such time or recording or filing; and "Mechanic's Lien Protection" -If you are the buyer of a single family residence , you may request mechanic's lien coverage to be issued on your policy of Insurance. If the property being purchased has not been the subject of construction, improvements or repairs in the last six months prior to the date of this commitment, the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemmty by the seller. If the property being purchased was constructed , improved or repaired within six months prior to the date of this commitment the requirements may involve disclosure of certain financial information, payment of premiums, and indemnity, among others. The general requirements stated above are subject to revision and approval by the Company. Pursuant to C.R.S. 10-11-122. Notice is hereby given that an AL TA Closing Protection Letter is available, upon request, to certain parties to the transaction as noted in the title commitment. Pursuant to Colorado Division of Insurance Regulation 8-1. Nothin~ herein contained will be deemed to obligate the Company to provide any of the coverages referred to herem unless the above conditions are fully satisfied. TITLE CHARGES These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges related thereto. If applicable, the designation of "Buyer" and "Seller" shown below may be based on traditional settlement practices in Garfield County, Colorado, and/or certain terms of any contract, or other information provided with the Application for Title Insurance. Owner's Policy Premium: Loan Policy Premium: Additional Lender Charge(s): Additional Other Charge(s): Tax Certificate: Total Endorsement Charge(s): TBD Charge(s): TOTAL CHARGES $1,229.00 $450.00 $75 .00 $1,754.00 1111111 llltl llllll llll lllll 1111111llll lll lllll llll llll 592051 11/11/2811 11:49' 11313 Pl'72 " M.SDOIF 1 of 3 I 1!5.81 D I.II °""'JELD COUNTY CO SPECIAL WARRANTY DEED Double B lhnch, LLC, whose address is c/o 5708 CR 301, Parachute, CO 81635, Garfield County, Colorado, for the consideration of ($10.00) Ten and 00/100 DOLLARS, in hand paid, hereby sells and conveys to Douglas R. Boyles, whose address is P.O. Bos 1466., CarbondaJe, CO 81623, Garfield County, Colorado, the following real property, in Garfield County, Colorado, to-wit: T. 7 S .. R. 95 W., 6th P.M. Sec. 12: SE1/4NE1/4 and part of the NEt/4NEt/4, all as more particularly described on Exhibit A attached (Bookcliff Survey Services., Inc., 9/14/2001/Job No. 01074-01) also known as (street address) Part of 5708 CR 301, Parachute, CO 81635; with all its appurtenances, and warrants the title against all persons claiming under me, to the same, subject to: general taxes for the year of closing, recorded and/or apparent easements, mineral reservations, patent reservations, and building and zoning regulations. ited liability company Date: l \\\Le\ 0 \ Date:'3-\ B G \ es, fka Katherine Schario, managing member ) )ss. The foregoing instrument was acknowledged before me this~ day of *--\~ , 2001, by Douglas R. Boyles and IUthering A. Bevans-Backes fka Kathenne Scharin, as the sole managing members of Double B. Ranch LLC, a Colorado limited liability company. My commission expires: 0'-·-\-lb.'-\-~c·c"" "-\ . Witness my hand and official seaL ~ )Q .. ,_'"JA. otary Public RETURN TO: John W. Savage, P.O. Box 1926, Rifle, CO 81650 I llllft lllll llllll 1111111111111111111111111111111111111 !92191 11/1112111 11:4' 11383 N73 " ALSOORF 2 of 3 R 1!5.18 D I.II GARFIELD COlltTY CO ATTACHED TO SPECIAL WARRANTY DEED STATE OF COLORADO COUNTY OF GARFIELD The forgoing instrument was acknowledged before me this l!.L_ day off ~rn ~ 1 ,2001, By Douglas R. Boyles and Kathering A. Bevans-Backes flea Katherine Sc · ~ as the sole managing member of Double B. Ranch LLC, a Colorado Limited Liability Company. My 0a1 ........ ExpW88 My commission expires: a.21 =02 Witness my hand and official seal. Exhibit A Brass Cap LS# 9009 in Race SW1/4NE1/4 SE1/4NE1/4 45.9f7t- I Center 114 Section 12 BLM Alum Cap in FfaCll N 89"'25'39• W 1323 2S ,I/· StXr48'39"E . ~--J 19.46' East it! Section 12 WC ---+ dlo u Cap 1n rta~ N01'E: mis PROPERTY IS SUBJECT TO RESERVATIONS. RESTR/lTIONS. COVEN.ANTS AND EASEMENTS OF RECORD OR IN PLACE. I E_.ALE:J ~= S.fl!l' PROPERTY DESCRIPTION A PARCEL or LAND BEING THE SE1/4NE1/4 AND A PORTION OF THE NE1/4NEl/4 SITUATE JN SECTION 12. TO'WNSHIP 7 SOUTH. RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD. STATE OF COWRADO. SAID PARCEL BEING NORE PARTICULARLY DESCRIBED AS FOLLOWS : COJIJIENCING AT THE NORTH 1/16 CORNER OF SECTION 12 BEING A BRASS CAP 1.S N0.9009 JN PLACE THE TRUE POINT OF BEGINNING; THENCE S O<r48'39" E ALONG THE EASTERLY UNE OF THE SE1/4NEl/4 1375.98 FEET TO THE EAST 1' CORNER OF SECTION 12 {WHENCE A GLO BRASS CAP WITNESS CORNER BEARS S 00-48'39" E 119.48 FEET); THENCE DEPARTING SAID EASTERLY UNE N Btrz5•39" W AWNG THE SOUTHERLY UNE OF SAID SE1/4NE1/4 1323.25 FEET TO THE SOUTHWEST CORNER OF SAID SEJ/4NE1/4: THENCE DEPARTING SAID SOUTHERLY UNE N 00-49'41" W AWNG 11/E NORTH-SOUTH CENTERUNE OF THE NEl/4 SECTlON 12. 1552.06 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY UNE OF COUNTY ROAD N0.301; THENCE DEPARTING SAID EASTERLY RIGHT-OF- WAY UNE N 33•19 '36" E 57.52 FEET TO A POINT ON THE SOUTHERLY LINE OF' A PARCEL OF LAND DESCRIBED JN SPECIAL WARRANTY DEED RECORDED WITH THE GARFIEW COUNTY CLERK AND RECORDER AT BOOK 1236. PAGE 312. SAID POINT BEING A REBAR AND CAP LS N0.9009 IN PLACE; THENCE S 81•29'38" E ALONG SAID SPECIAL WARRANTY DEED UNE 1308.34 FEET ro A POINT ON THE EASTERLY LINE OF SAID NE1/4NEl/4 BEING A REBAR AND CAP I.S N0.9009 JN PLACE; THENCE S O<r46'46" E AWNG SAID EASTERLY UNE 43.83 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL OF LAND CONTAINING 45.917 ACRES. JIORE OR LESS. DATE: 9/14/2001 JOB NO: 01074-01 RllCOldcdat _______ _ o 'clock M._~~----~~~-- Reception No.-------- THIS DEED, made this dlly of August 31. 2009, Between Josh B. Lyons and Jana J. Lyons of the County of Gilrlidd. and State of CO, grantor. and James K. Boyles and Hilda R. Boyles as Joint Tenants Rccordcr WARRANTY DEED whose legal addl'CSll i:i : PO Box 124 7 , Carbondale, CO, 81623 of the ('ountyof Garlield llnd State of CO. grantee: . ·.: WITNESSETH, Thltt lhc grantor for llJ1d in consideration of the sum of $512,500.00 DOLLARS, the receipt and sufficiency of which is hereby acknowledged. h11i1 g11111tcd, bargained, liOld and conveyed. and by these presents does grant, bargain, sell and convey and confirm unto the granlcc. hi:i heirs 1md a!l.'ltgns forevCf . ~II the rod property together with improvements, if any. situate. tying · and being in the CC1unty of Garfield and Slate of Colorado dci;cribcd as follows : See Attached Exhibit "A" as known by street amd number as: 5720 County Road 30 I Parachute CO TOGETHER with all and ~ingular the hereditnmcnts and appurtenances thereto belonging, l)f in anywise appertaining, and the reversion and reversio11s, remainder lltld remainders, rents, issues and profits thcn:of, and all the estate, right, title, interest, claim and demand whatsoever of the grantor ~ther in &aw or equity, of, in and to the above bargained premises, with the hcrcditaments and appurtaumces. TO HA VE AND TO HOLD the ~d premises above bilrgained and described. with the appuncnancc~, U1\to th>! grant~. his heirs and llSSigns forever. And the Gnmtnr, for him11Clf, his heira, and per.ional representatives. docs covenant, gran1 , bargain. and agree to and with the Grantee. his heirs und assigns. that at the time of the ensealing and ddivCT)' of these presents, h.: is well seized of the premises above conveyed, has good. sure, perfect, absolute and indetCasibl.e Clltatc of inheritance, in law, in fee simple, and has good right. full power and lawful authority to grant. bars.ain, sell and eonvcy the same in ffillllner and fonn as afore!lllid, and that the same lire free and i;lear from nll fonner and othet ~lints, bargains, sales, liens, taxes, 11ssessments, encumbrances and restrictions of whatever kind or nature soever, except generlll taxes 1111d assessmt"nts for the yCHr 2009 and subsequent years and all those specific exceptions described by reference to recorded documents as refJectcd in Commoowenlth Title Company's Commitment No. 0908044 TRGC The grantor shall 11nd will WARRANT AND FOREVER DEFEND the above bwpincd premises in lhe quiet and peaceable possession oflhe gnrntec, his heirs and assign~, agllinst all and every person or persons lawfully cflliming the whole or any part thereof The ~ingular number shall include the plural, the plural the singular. and the use of gender :1hall be applicable to all genders. I SS WHEREOF the g~••r ... '"'~""" lh~ dwl on lhc d fodh above. q_~ STA TE OF COLORADO COUNTY OF GARFIELD ) ss. ) The foregoing instrument was 11Cknowlcdgcd before me on August 31, 2009. by Josh B. Lyons and Jana J . Lyons. My commission expires: Rttw11~ J..,...,." a.,,·les .,>Cl H~da I\ S.-yle.• PO B<>x 12~' Clllbc>lldalt CO Xl>il:> 803 Colorado Avenue Glenwood Springs, CO 81601 1111 v.m1~M'fl~MM~ll¥\1 IWl..,,I .. 11111 Receptionlt: n4371 091{)2/2099 04 ,04 ,44 Pft Jean Aiberioo 2 of 2 R.c F•:S21 00 Doc F-·61 .25 GARFIELD ~TY CO EXIDBIT "A" I TOWNSHIP 7 SOUTH, RANGE 95 WEST, 61H P.M. Section 12: A parcel of land in the NEl/4 more particularly described as follows: Commencing at the Northeast 1/16th comer of said Section 12; thence North 00°48'21" West along the East line of Section 12 a distance of 44.05 feet to the POINT OF BEGINNING; thence continuing North 00°48'2r' West along the East line of Section 12 distance of 1,300.00 feet to a brass cap, being witness comer for the Northeast comer of Section 12~ thence North 89°53'34" West along a fence line, a distance of 1121.50 feet; thence South 33°28'17" West along a fenc.c line, a distance of 173 .36 feet; thence South 26°30107 11 West along a fence line, a distance of 115.66 feat; thence South 00°28'00" West along a fence line, a distance of860.3.S feet; thence South 81°29'38" East a distance of 1,308-40 feet to the POINT OF BEGINNING. ' EXCEPTING the West thirty feet of the NE1/4NEI/4 as conveyed to the Board of County Connnissioners by Document recorded November 12, 1894 in Book 20 at Page 395 as Reception No. 17843 Reserving to Grantor 50% of Grant.or's interests in the oil. gas and other minerals in and under, and that may be produced from, the above described prq>erty. Any mineral royalties accroi!J8 under any leases covering the above described land prior to closing are excluded from the transaction and rdained by Grantor. TOGETIIER wrm, but without warranty. any and all water and water rights appurtenant to subject property including, but not limited, to all rights associat.ed with well pcnnit number 232530 RECIPIENT'S/LENDER'S name, address and telephone number Wells Fargo Bank NA. Retum Mail Operations ~PO Box 14411 .. Des Moines IA SQ306..3411 We accept telecommunications relay service calls. 01/07/18 Phone #: 1-866-234-8271 0 Fax#: 1-866-278-u79 CORR.ECflID (if checked) PAYER/BORROWER'S name, street address, city, state and ZIP code JAMES K BOYLES HILDA R BOYLES 5706 COUNTY ROAD 301 PARACHUTE. CO 81635-9100 572--0 •a,s•~.95.· r'*"' curreJ,lt~ • Cautlan: n.e amount shown may not be fulltJ •ductible by you. UmilJs based on lh.e loan amount and lh.e cost and 1'0lue afths neund property may apply. Also, JOU may anlg ded:uctintenstlD tM a:IBntit was inmlrnd by you. actually paid l11J you. and not reimbursed bf another pn-son. OMBNo. 1545-0901 2017 Form 1098 9 Hpropen;y leClUiDg mortgaaa bas no addrea, · provide deacrlption of the prope~. 10 Nwnber of mortgaged propert:iea 11 Real Estate T8X89 -MORTGAGE INTEKFST STATEMENT CopyB For Payer ~ •"6·99' EscroW rtion·of r ·~ ...___~_...__._____.. _ ___.. _ ___. ____ ______, ( Form 1098 SHE BACK SIDB FOR IMPORTANT DlFORMA.110N (Keep fur yoor records.) Department of the Treasury-Internal Revenue'Service Please consult a Tax Advisor about the deduet:fbilil:! of any paymen1;lf .made by you or others. ' ~ ;; . ' If Box 5 (Mortgage Insurance Premiums) Yi popu1ated, tbatamount may. not be deductible. Please consult the IRS or your tax advisor to determine the deductibility. r -----·-------20171NTERESTDETAIL--... -------·-··-· -- TOTAL INTERFSf APPLIED 2oi7 PLUS LATE CHARGES PAID 2017 MORTGAGE JNTEllEST· RECEIVED FROM PAYER/ BOIUl.OWER.(S) $19~232.73. $340Ji8 ••9'573·41 seterus. ~o Box 1on, Hartford, er 06143-lDn 7-7t;9.22444-0051169-011-2-100.010-000-000 11 '11I•11• 11 11• I 111 1II1II•1•1h 111 l p I 1• 1• •l11 11ll llu• •I II• 11ll 1 -DOUGLAS R BOYLES m 5706 COUNTY ROAD 301 PARACHUTE CO 81635-9100 IMPORTANT TAX RETURN INFORMATION BELOW PAGE3 ACCOUNT NUMBER: 30218470 FOR INFORMATION CALL: 866.570.52n CUSTOMER SERVICE HOURS: Monday-Thursday 5 a.m. to 9 p.m. Friday 5 a.m. to 6 p.m. (Pacific Time) . SEE REVERS/i·SIOE FOR AOOITIONA#;..JNF01JMA110N. . ... _ ................................................................................................................................................................................................................. _ ...................... -................................ _____ ...................................................................................... ;..; ............... -..... ..:;. .... ;. ...... :.. ..... ' .. ,..; ................................... .;.; ...... .; ........................................................ -.......................................... .. RECIPIENT'SJLENDER'S name, street address, city or town, state or province, counlry, ZIP or foreign postal eode. and telephone no. SETERUS, Inc. POBox1077: Hartford, CT 06143-10n customer Service: 866-570-5m DOUGLAS R BOYLES 5706 COUNTY ROAD 301 . PARACHUTE CO 81635-9100 S70Co . Form 1tJtt·····---· . D CORRECTED (if checked) 10 $ ~@16 (F* .UV 2010) Form 1098 Mortgage Interest Statement A\YEA'S/Bof'.IAONEA'$~~~00., FECIPIENT'S/Ui:,1)11?.~~ ld~ifl9atll)n no; , . -ACCOUNT STATEMENT SETERUS, Inc. PO·BC*·1fJ77 Hartfofd~ CT 06143-1077 Tin#: 27-4605449 DOUGLAS R BOYLES 5706 COUNTY ROAD 301 PARACHUTE CO 81636-9100 The following is a statement of your account for the period during which we have serviced your loan: PRINCIPAL RECONCILIATION Beginning Principal Balance: Ending Principal Balance: REALESTAJETAXESADVANCEQ $241,904.28 $224,490.43 ESCROW RECONCILIATION Beginning Escrow Balance: Total Escrow Deposit&: Total Escrow Disbursements: Ending Escrow Balance: $0.00 $1,526.07 $1,474.45 !l.1\1 A? ( ---------------------- FOURTH AMENDMENT TO REVOCABLE TRUST AGREEMENT On February 21, 2002, JAMES KENNETH BOYLES and HILDA ROSE BOYLES, as Grantors, executed a certain Revocable Trust Agreement under which JAMES KENNETH BOYLES and Hil.DA ROSE BOYLES are named as Trustees, and wherein the Grantors reserved the right at any time or times during their lifetimes to amend or revoke said Revocable Trust Agreement. On March 19, 2002, February 5, 2003, and August 27, 2004, JAMES KENNETH BOYLES and HILDA ROSE BOYLES, as Grantors, executed the First, Second, and Third Amendment, respectively, to the "JAMES KENNETH BOYLES and Hil.DA ROSE BOYLES REVOCABLE TRUST AGREEMENT". 1. JAMES KENNETH BOYLES and HILDA ROSE BOYLES hereby further amend the "JAMES KENNETH BOYLES and HILDA ROSE BOYLES REVOCABLE TRUST AGREEMENT" by revoking Article IX(b) in its entirety and by inserting in lieu thereof, the following Article IX(b ): (b) After the Co-Trustees make provisions for or make any payments pursuant to the provisions of the immediately preceding Section (a) hereinabove, the Trustees shall divide all remaining assets of the "JAMES KENNETH BOYLES and IDLDA ROSE BOYLES REVOCABLE TRUST AGREEMENT" into four equal shares and terminate the "JAMES KENNETH BOYLES and HILDA ROSE BOYLES REVOCABLE TRUST AGREEMENT". The Co-Trustees shall distribute the four equal shares as follows: (1) One equal share to the Grantors' daughter, MARGARET R. BROWN, per stirpes, outright, free of any trust, subject to the restrictions of Article X; (2) One equal share to the Grantors' son, DOUGLAS R. BOYLES, per stirpes, outright, free of any trust, subject to the restrictions of Article X; (3) One equal share to the Grantors' son, KEVIN A. BOYLES, per stirpes, outright, free of any trust, subject to the restrictions of Article X; and (4) One equal share to the Granters' son, JAMES K. BOYLES, JR., per stirpes, outright, free of any trust, subject to the restrictions of Article X. In the event any of the Grantors' children fail to survive the Grantors, then said child's share shall be divided into equal shares each for the then surviving descendants collectively of each deceased child of the Grantors (hereinafter called "Grandchildren's Parts", in the plural, or "Grandchildren's Part", in the singular). The "Grandchildren's Parts", if any, shall be held, managed, distributed, and dealt with as provided in Article X hereinbelow. Separate books and records shall be kept for each "Grandchildren's Part" and for any trust in which any such part is -I - ---·------------------------------------------ to be held as hereinafter provided but, except as may be necessary to accomplish the principal distribution or distributions hereinafter provided, there need be no physical division of the assets involved. In the event any of the Granters' children fail to survive the Grantors, and said child leaves no surviving issue, then said child's share under this Article IX(b) shall be distributed pro rata to the surviving children of the Grantors, per stirpes, in shares as nearly equal in value as is reasonably practical, in accordance with Article IX(b), subsections {l) through (4). If the Grantor leaves no descendants who are then living, the Trustees shall distribute the remaining assets of the Family Trust one-half to the Grantor's heirs at law and one-half to the heirs at law of the Grantor's husband, determined under Florida law then in effect as if they had each died intestate and unmarried on that date as a resident of Florida. 2. In all other respects, the Grantors confirm the "JAMES KENNETH BOYLES and HILDA ROSE BOYLES REVOCABLE TRUST AGREEMENT", reserving to themselves the right further to amend or revoke the same and this Fourth Amendment thereto. IN WITNESS WHEREOF, JAMES KENNETH BOYLES and HILDA ROSE BOYLES, as the Granters and the Trustees have to this Fourth Amendment to }\eA!ocable Tr Agreement, subscribed their names and affixed their seals, at Tampa, Florida, on lfldfj ;8() , 2007. ( biu1A cft.£,J,MJ.A-,iW C}wv--a, '1 'L " • ...,AJ -~ Witness0 _ 1-.."' _ _ • James Kenneth Boyles, Granter and Trustee / \ ~~" Vf~ V'Ul.~N fltAAW Witness \ {) A I bJoJ;._ rl (}.vJ. !nAAt,,,/ llt-#u ~ A ~LY/ Witn~ ~ , Hilda Rose Boyles, Granter and Trustee o "·~ VU't..1r1~·co.u~ Witness l The foregoing instrument was subscribed, sealed, published and declared by JAMES KENNETH BOYLES and HllDA ROSE BOYLES as and for this Fourth Amendment to Revocable Trust Agreement, in the presence of us, the undersigned, who at their requests, in their pi;r~ce, and inlu!mPresence of each other have hereunto subscribed our names as witnesses this -~,___; day of ~ , 2007. 1J&ttdo.. A. L:,./ ~lh f/,o/1= Name r.'\ _ _ J Resrce ~ Af\-VW y\o.viv fG:iwJ \0.1u... 'tV Nam~ \ -R-es-id-~-~n-c-e~tr--~--~~~~~~~- -2- ( STATE OF FLORIDA COUNTY OF HILLSBOROUGH We, hqjb_ n. {.yu! , l'Jfi,\ hvwl---' , and JAMES KENNETH BOYLES and HILDA ROSE BOYLES, the witnesses and the Grantors and Trustees, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn., do hereby declare to the undersigned officer that the Grantors and Trustees, in the presence of witnesses, signed the instrument as their Fourth Amendment to Revocable Trust Agreement and that they signed voluntarily and that each of the witnesses in the presence of the Grantors and Trustees at their requests, and in the presence of each other signed the Fourth Amendment to Revocable Trust Agreement as a witness and that to the best of the knowledge of each witness, the Grantors and Trustees were at that time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence . . ~ .. ~ames~~Granfor and Trustee vd;.kJ A~ ~_Lv( Hilda Rose Boyles, Grantor and Trustee .hA1i'1_ J. JrJ, /JrtJ.b.JUw) ~fu~ ( ~ }(Q~HI~ W tness STATE OF FLORIDA COUNTYOFmI;1:fOROUGH On this _!Jf!_ day of iAAll , 2007, before me the undersigned officer, personally appeared, JAMES KENNETH~ Grantor and Trustee, who: is personally known to me to be the individual described in, and who executed, the Amendment to Revocable Trust Agreement. is not personally known to me, but provided Driver's License No. ~~--"'-'........__......_ ............ ~0---as proof that he is the individual described in, and who executed, the forego~Fo:;m;~;;:ru&A~~~iJJ~ No. 00 344346 -3- STATE OF FLORIDA COUNTY OF HILLSBOROUGH On this Zit-day of l!An //\ 2007, before me the wdersigned officer, personally appeared, HILDA ROSE BO~tor and Trustee, who: [ ] is personally known to me to be the individual described in, and who executed, the foregoing 9>°rth Amendment to Revocable Trust Agreement. {J is n~) personally known to me, but provided Driver's License No. b Lf-Jr;??JI; 11{,,tjOL proof that she is the individual described in, and who executed, the foregoing Fourth Amendment to Revocable Trust Agreement. Notary Public (Signature) -4- ( THIRD AMENDMENT TO REVOCABLE TRUST AGREEMENT On February 21, 2002, JAMES KENNETH BOYLES and HILDA ROSE BOYLES, as Grantors, executed a certain Revocable Trust Agreement under which JAMES KENNETH BOYLES and HILDA ROSE BOYLES are named as Trustees, and wherein the Granters reserved the right at any time or times during their lifetimes to amend or revoke said Revocable Trust Agreement. On March 19, 2002 and February 5, 2003, JAMES KENNETH BOYLES and HILDA ROSE BOYLES, as Grantors, executed the First and Second Amendment, respectively, to the "JAMES KENNETH BOYLES and HILDA ROSE BOYLES REVOCABLE TRUST AGREEMENT". 1. JAMES KENNETH BOYLES and HILDA ROSE BOYLES hereby further amend the "JAMES KENNETH BOYLES and HILDA ROSE BOYLES REVOCABLE TRUST AGREEMENT0 by revoking Article IX(b) in its entirety and by inserting in lieu thereof, the following Article IX(b ): (b) After the Co-Trustees make provisions for or make any payments pursuant to the provisions of the immediately preceding Section (a) hereinabove, the Trustees shall divide all remaining assets of the "JAMES KENNETH BOYLES and HILDA ROSE BOYLES REVOCABLE TRUST AGREEMENT" into four shares as nearly equal in value as is reasonably practical and terminate the "JAMES KENNETH BOYLES and HILDA ROSE BOYLES REVOCABLE TRUST AGREEMENT". The Co-Trustees shall distribute the four equal shares as follows: ( l) One equal share to the Grantors' daughter, MARGARET R. BROWN, per stirpes, outright, free of any trust, subject to the restrictions of Article X; (2) One equal share to the Granters' son, DOUGLAS R. BOYLES, per stirpes, outright, free of any trust, subject to the restrictions of Article X; (3) One equal share to the Grantors' son, KEVIN A. BOYLES, per stirpes, outright, free of any trust, subject to the restrictions of Article X; ( 4) One equal share to the Grantors' son, JAMES K. BOYLES, JR., subject to the restrictions of this Article IX(b), subsection (4). The Co-Trustees shall distribute outright to JAMES K. BOYLES, JR. the sum of ten thousand ($10,000) dollars, and with the remainder of said share, the Co-Trustee shall purchase either a lifetime or a term of years annuity (with such decision to be made in the sole discreti9n of the Co-Trustees). The annuity contract shall provide that JAMES K. BOYLES, JR. shall not have the right to cash in the -1 - ( annuity or to borrow against the annuity, however he shall have the right to designate one or more beneficiaries of the annuity. In the event JAMES K. BOYLES, JR. predeceases the Grantors, then the Co-Trustees shall distribute the one equal, share created for JAMES K. BOYLES JR., to his descendents, per stirpes, subject to the restrictions of Article X. In the event any of the Grantors' children fail to survive the Grantors, then said child's share shall be divided into one equal share each for the then surviving descendants colJectively of each deceased child of the Grantors (hereinafter called "Grandchildren's Parts", in the plural, or 11 Grandchildren's Part", in the singular). The "Grandchildren's Pat1s", if any, shall be held, managed, distributed, and dealt with as provided in Article X hereinbelow. Separate books and records shall be kept for each "Grandchildren's Part" and for any trust in which any such part is to be held as hereinafter provided but, except as may be necessary to accomplish the principal distribution or distributions hereinafter provided, there need be no physical division of the assets involved. In the event any of the Grantors' children fail to survive the Grantors, and said child leaves no surviving issue, then said child's share under this Article IX(b) shall be distributed pro rata to the surviving children of the Grantors, per stirpes, in shares as nearly equal in value as is reasonably practical, in accordance with Article IX(b), subsections (1) through (4). If the Grantor leaves no descendants who are then living, the Trustees shall distribute the remaining assets of the Family Trust one-half to the Grantor's heirs at law and one-half to the heirs at law of the Grantors husband, determined under Florida law then in effect as if they had each died intestate and unmarried on that date as a resident of Florida. 2. In all other respects, the Grantors confirm the "JAMES KENNETH BOYLES and HU.DA ROSE BOYLES REVOCABLE TRUST AGREEMENT .. , reserving to themselves the right further to amend or revoke the same and this Third Amendment thereto. -2 - \ IN WITNESS WHEREOF, JAMES KENNETH BOYLES and HILDA ROSE BOYLES, as the Grantors and the Trustees have to this Third Amendment to Revocable Trust Agreement, subscribed their names and affixed their seals, at Tampa, Florida, this ~i1 day of August, 2004. Grantor and Trustee J/u:~~aJ __£. ~~ ~ Grantor and Trustee The foregoing instrument was subscribed, sealed, published and declared by JAMES KENNETH BOYLES and HILDA ROSE BOYLES as and for this Third Amendment to Revocable Trust Agreement, in the presence of us, the undersigned, who at their requests, in their presence, and in the presence of each other have hereunto subscribed our names as witnesses this .Q!.l day of August, 2004. ·-·--------) _ . ' ~~~/ ut I k~ Name / Residence ' I! AIJ -. . . ~Lt!u L ~ & tCJu g Nam -3 - ( STA TE OF FLORIDA COUNTY OF HILLSBOROUGH W ·i·, -· .</1.:! .. _ .. -·1_/'/? .-·,::~ , ...• ·· (... .v ~( .... / -~ d JAMES e, / _ {Jt~ .1, ~ -'I. -. , .• • i...l ., { f . (<..~I .11,n,;,_..., , an . KENNETH BOYLES and HILDA ROSE BOYLES, the witnesses and the Grantors and Trustees, respectively, whose names are sigried to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned officer that the Granters and Trustees, in the presence of witnesses, signed the instrument as their Third Amendment to Revocable Trust Agreement and that they signed voluntarily and that each of the witnesses in the presence of the Grantors and Trustees at their requests, and in the presence of each other signed the Third Amendment to Revocable Trust Agreement as a witness and that to the best of the knowledge of each witness, the Granters and Trustees were at that time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. Witness I STA TE OF FLORIDA COUNTY OF HILLSBOROUGH On this ~ day of August, 2004, before me the undersigned officer, personally appeared, JAMES KENNETH BOYLES, the Trustee, who: ( "1 is personally known to me to be the individual described in, and who execute~ the foregoing Third Amendment to Revocable Trust Agreement. [ ] is not personally known to me, but provided Driver's License No. ----------as proof that he is the individual described in, and who executed, the foregoing Third Amendment to Revocable Trust Agreement. , ...... ,~ i'~;AJ'if\";r~~ JAMES P. HINES ft: :.\ MY COMMISSION I DO 156273 ~. .JIJ EXPIRES: Februaly 1, 2007 •f.nf.~ Boodecl Thru Nol8ly Pl.tile UndtnmtelS -4- ( ( STATE OF FLORIDA COUNTY OF HILLSBOROUGH On this ~ ... ,? 7 of August, 2004, before me the undersigned officer, personally appeared, HILDA ROSE BOYLES, the Trustee, who: [ vt" is personally known to me to be the individual described in, and who executed, the foregoing Third Amendment to Revocable Trust Agreement. [ ] is not personally !mown to me, but provided Driver's License No. ---------proof that she is the individual described i~ and who executed, the foregoing Third Amendment to Revocable Trust Agreement. ~~ JAMESP.HINES '*W· ~· MY COMMISSION' OD 156273 W· : EXPIRES: Febtualy t. 2007 .. •llr .. ~ Bcinded Thru Nolafy ruble UndttwrfleR -5 - ( ----····------------- SECOND AMENDMENT TO REVOCABLE TRUST AGREEMENT On February 21, 2003, JAMES KENNETII BOYLES and IIlLDA ROSE BOYLES, as Grantors, executed a certain Revocable Trust Agreement under which JAMES KENNETH BOYLES and HaDA ROSE BOYLES are named as Trustees, and wherein the Grantors reserved the right at any time or times during their lifetimes to amend or revoke said Revocable Trust Agreement On March 19, 2002, JAMES KENNETH BOYLES and HILDA ROSE BOYLES , as Grantor, executed the Amendment to the "JAMES KENNETH BOYLES and HILDA ROSE BOYLES REVOCABLE TRUST AGREEMENT". JAMES KENNETH BOYLES and HILDA ROSE BOYLES hereby further amend the "JAMES KENNETH BOYLES and HILDA ROSE BOYLES REVOCABLE TRUST AGREEMENT" by revoking Article IX(b) in its entirety and by inserting in lieu thereof, the following Article IX(b): (b) After the Trustee makes provisions for or makes any payments pursuant to the provisions of the irrunediately preceding Section (a) hereinabove, the Trustees shall distribute the remaining balance of the "JAMES KENNETH BOYLES and HILDA ROSE BOYLES REVOCABLE TRUST" as follows: (1) Four Fifteenths (4/15) to the Grantors' daughter, Margaret R. Brown, outright, free of any trust; (2) Four Fifteenths (4/15/) to the Grantors' son, James K.. Boyles, Jr., outright, free of any trust ; (3) Four Fifteenths (4/15) to the Grantors' so~ Douglas R. Boyles, outright, free of any trust; (4) Three Fifteenths (3/15) to the Grantors' son, Kevm A. Boyles, outright, free of any trust. The "Grandchildren's Parts", if any, shall be held, managed, distributed, and dealt with as provided in Article X hereinbelow. Separate books and records shall be kept for each 11 Grandchildren's Part" and for any trust in which any such part is to be held as hereinafter provided but, except as may be necessary to accomplish the principal distribution or distributions hereinafter provided, there need be no physical division of the assets involved. In all other respects, the Grantors confirm the "JAMES KENNETH BOYLES and HILDA ROSE BOYLES REVOCABLE TRUST AGREEMENT", reserving to themselves the right further to amend or revoke the same and this Second Amendment thereto. -1 - Original Document Located In The Office Of: Hines, Norman, Hines & Sullivan. P.L. 315 S. Hyde Park Avenue Tampa, FL 33606 IN WITNESS WHEREOF, JAMES KENNETH BOYLES and HILDA ROSE BOYLES, / as the Grantors and the Trustees have to this Second Amendment to Revocaple Trust Agreement, subscribed their names and affixed their seals, at Tampa, Florida, this S day of February, 2003. ( Grantor and Trustee __dkL~ "f~.LJ Grantor and Trustee The foregoing instrument was subscribed, sealed, published and declared by JAMES KENNE1H BOYLES and HILDA ROSE BOYLES as and for this Second Amendment to Revocable Trust Agreement, in the presence of us, the undersigned, who at their requests, in their presence, and in the presence of each other have hereunto subscribed our names as witnesses this ~day of February, 2003. Rlsid~ IQ:~ , Ctuy,4. Residence STATE OF FLORIDA COUNTY OF HILLSBOROUGH We, \[d"""'u [!tf;;1,..J , ~\,-Q_ ti&tZ64L< , and JAMES KENNETH BOYLES and HILDA ROSE BOYLES, the witnesses and the Grantors and Trustees, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned officer that the Grantors and Trustees, in the presence of witnesses, signed the instrument as their Second Amendment to Revocable Trust Agreement and that they signed volWltarily and that each of the witnesses in the presence of the Grantors and Trustees at their requests, and in the presence of each other signed the Second Amendment to Revocable Trust Agreement as a witness and that to the best of the knowledge of each witness, the -2- ( Grantors and Trustees were at that time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. )~ Trusree ~ ~ .. ~;t'?-·~~__J . Trustee -· STATE OF FLORIDA COUNTY OF HILLSBOROUGH On this 5· day of February, 2003, before me the undersigned officer, personally appeared, JAMES KENNE1H BOYLES and HILDA ROSE BOYLES, the Trustees, who: [ ~~e personally known to me to be the individuals described in, and who executed, the foregoing Second Amendment to Revocable Trust Agreement, and who di~t (Circle One) take an oath. ( ] are not personally ~o~ to me, but provided Driver's License Nos. and c,(, =ct ~-l&:£f::1 '~' f as proof that they are the individuals described in, and who executed, the foregoing Second Amendment to Revocable Trust Agreement and who did/did not (Circle One) take an oath. STAIB OF FLORIDA COUNTY OF HILLSBOROUGH On this 6 of February, 2003, before me the undersigned officer, personally appeared, JAMES KENNETH BOYLES and illLDA ROSE BOYLES, the Trustees, who: ( ~are personally known to me to be the individuals described in, and who executed, the foregoing Second Amendment to Revocable Trust Agreement, and who did/~(Circle One) take an oath. -3- ( ( ] are not personally .known to me, but provided Driver's License Nos. ----------and ~f-tt o' UU.fc~·¥:f· proof that they are the individuals described in, and who executed, the foregoing Second Amendment to Revocable Trust Agreement and who did/did not (Circle One) take an oath. ···ri,"'1 •••• SUSAN COMELI.AS RUZ t:'f_i)· ~~ MY COMMISSION I DD 076084 ~~ : :J EXPIRES: December 3, 2005 o:;J,~ ••• i.:..1 ••• Bondad Thru Nolarf Pubic Undl!Writer& 1",Jlt.,-..1-.~ -4 - ( ----------·-----------··-·--·· ··--··-·--·------· ·--------- AMENDMENT TO REVOCABLE TRUST AGREEMENT On February 21, 2002, James Kenneth Boyles and Hilda Rose Boyles, as Grantors, executed. a certain Revocable Trust Agreement under which James Kenneth Boyles and Hilda Rose Boyles are named as Trustees, and wherein the Grantors reserved the right at any time or times during their lifetimes to amend or revoke said Revocable Trust Agreement. 1. The Grantors hereby amend the "JAMES KENNETH BOYLES and HILDA ROSE BOYLES REVOCABLE TRUST AGREEMENT" by revoking paragraph (a) ONLY under Article XV in its entirety and by inserting in lieu thereof, the following paragraph (a): (a) If both Granters shall die, resign, become mentally or physically incapable of attending to their personal business affairs, or cease to act as Trustees hereunder for any reason whatsoever, then in that event, MARGARET R BROWN and KEVIN A. BOYLES, or the survivor thereof, shall serve as successor Co-Trustees, or as sole successor Trustee, as the case may be, in their place and stead. Either MARGARET R BROWN or KEVIN A. BOYLES, in his or her capacity as Co-Trustee may exercise any power granted to the Trustee provided by this Agreement without the consent of the other. The resignation of either Grantor shall be effective upon the successor Trustee receiving notice thereof in writing from him or her. Either Granter shall be deemed to have become mentally or physically incapable of attending to his or her business affairs in accordance with the provisions of Article XXI hereinbelow. The successor Trustee shall be indemnified by the Granters or the Grantors' estate for any claims or for any liability or loss arising from any inaction or action taken by the successor Trustee in good faith tmder the terms of this Agreemer>:t. ( 2. In all other respects, the Grantors confirm the "JAMES KENNETH BOYLES and HILDA ROSE BOYLES REVOCABLE TRUST AGREEMENT", reserving to self the right further to amend or revoke the same and this Amendment thereto. IN WITNESS WHEREOF, James Kenneth Boyles and Hilda Rose Boyles, as the Grantors and the Trustees have !~s Amendmen! to ~evocable Trust Agreement, subscribed their names, at Tampa, Florida, this~ day of {} taJ CL·L , 2002. ~~)~~ · ~ KeDileth Boyles, Grantor/Trliliee ~Q-:tL..~~ Witness ~TfUzJ_v ~.-4&/~L.- Hilda Rose Boyles, Grantot~ Witness (}rl:L4&v Q T~&-0--- Witness The foregoing instrument was subscribed, sealed, published and declared by as and for this Amendment to Revocable Trust Agreement, in the presence of us, the undersigned, who at their request, in their!/rce, and itithe presence of each other have hereunto subscribed our names as witnesses this 4 day of _fJl:::_tclL , 2002. jA r-/_ t( _ 6..Sol..cf (O )llt 'R..rve..'l Ct /{,-~7lt ffl«-l ~ VlJu{cr (?J,"1.e/lec.1 tfcrfC., (L 3>'lf2-~."f-3( Name Residence / o '+ / c.t ~<...t..i::_L·o_.. ~ o-:,<!...,;~ \CL 'l;'t "FL S 3 (,, l f iddnce ( STATE OF FLORIDA COUNTY OF i;f LSBOROUGH We, ffu.i {. A.<P.l:f.c~ , (.fflH-dl1;._,i!. A. Hu·;~ , James Kenneth Boyles and Hilda Rose Boyles, the witnesses and the Grantors and Trustees, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned officer that the Grantor and Trustee, in the presence of witnesses, signed the instrument as his Amendment to Revocable Trust Agreement and that he signed voluntarily and that each of the witnesses in the presence of the Gran.tor and Trustee at his request, and in the presence of each other signed the Amendment to Revocable Trust Agreement as a witness and that to the best of the knowledge of each witness, the Grantor and Trustee was at that time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. ~ {)(.,~~ James Kenneth Boyles, Grantorffrustee / f' &.'~ ~,) -~,u_.,· -~~;?'t:e..d Hilda Rose Boyles, Grantor/Tfustee STATE OF FLORIDA COUNTY OF HILLSBOROUGH ·:;t-y...._ On this ii day of Yv\8=-~ 2002, before me the undersigned officer, personally appeared, James Kenneth Boyles and Hilda Rose Boyles, the Grantors and the Trustees, who: ~) are personally known to me to be the individuals described in, and who executed, the foregoing Amendment to Revocable Trust Agreement, and who di~(Circle One) take an oath. \ ( [ ] are not personally known to m~ but provided Drivers License Nos. __ _ --------and as proof that they are the individuals described in, and who executed, the foregoing Revocable Trust Agreement and who did/did not (Circle One) take an oath. Notary Public (Print Name) JAMES P. HINES MY COMMISSION I CC 805779 EXPtRES: F~ 1, 2003 Bondld 'llDvNoiuy Pu...-: Undnrtletl ( REVOCABLE TRUST AGREEMENT ~· TIDS TRUST AGREEMENT, made and entered into this Z. / ~7 day of fb1~,~u1-tf.;_'/ , 2002, by and between JAMES KENNETH BOYLES and IDLDA ROSE BOYLES, hereinafter collectively referred to as ''Grantors", and JAMES KENNETH BOYLES and HILDA ROSE BOYLES, hereinafter collectively referred to as "Trustees", is heretofore established for the following uses and purposes; For information putposes, at the time of the execution of this Trust Agreement, the Grantors, who are husband and wife, have four children from their marriage. MARGARET R BROWN, DOUGLAS R. BOYLES, JAMES K. BOYLES, JR. and KEVIN" A. BOYLES. For all purposes under this Trust, references to the term "Grantors' child", "Grantors' children" or similar reference, shall include all of the above referenced children and any and all children who may be born to the Grantors. ARTICLE I Name of Trust This Trust shall be known as the "JAMES KENNETH BOYLES and HILDA ROSE BOYLES REVOCABLE TRUST" (hereinafter referred to as "the Trustn, "this Trust", or "this Agreement"). ARTICLEil Trust Property The Grantors have simultaneously with the execution of this Agreement, transferred and delivered to the Trustees the property described in Exhibit "A" attached hereto, have caused or may cause additional property to be transferred to the Trustees, and have caused or may cause the Trustees to be named as the Beneficiary of life insurance policies, any and all of which the Trustees agree to hold in trust subject to the terms, purposes, and conditions set forth in this Agreement. ARTICLE III Rights Reserved (a) The Grantors reserve to themselves during their lifetimes and may receive or exercise without the consent or approval of the Trustees or any beneficiary hereunder, all benefits, payments, dividends, surrender values, options, rights, powers and privileges with respect to any life insurance policies covered by this Agreement, including, but not limited to the following: (1) The power to change the beneficiary of such policies or any of them. -.~:/3 -1- A J I ( (2) The right to receive all disability benefits, dividends, payments, loan values, or surrender values provided in such policies or any of them. (3) The power to borrow o~ surrender, or pledge any of such policies. ( 4) The power to exercise any option provided in any of such policies. (b) The Grantors reserve to themselves the right to reside upon any real property placed in this Trust as their pennanent residence during their lives, it being the intent of this provision to grant to the Grantors the requisite beneficial interest and possessory right in and to such real property to comply with Section 196.041 of the Florida Statutes, such that said beneficial interest and possessory right constitute in all respects "equitable title to real estate" as that term is used in Section 6, Article VII of the Constitution of the State of Florida Notwithstanding anything contained in this Trust to the contrary, the interest of the Granters in any real property upon which the Grantors reside pursuant to the provisions of this Trust shall be deemed to be an interest in real property, and not personalty. ARTICLE IV Payment of Premiums The Grantors agree to pay or cause to be paid, as the case may be, any premiums, assessments, and other charges on any insurance policies covered by this Trust; and the Trustees shall be under no duty to pay any of such premiums, assessments, or other charges or to keep itself or any beneficiary or beneficiaries informed with respect to such payments, or to nonpayment, or to the existence of any other facts necessary to keep such policies in force. ARTl<;LEV Collection of Proceeds of Insurance Policies The Trustees, upon being informed as to the death of the insured, or the earlier maturity of any life insurance policies subject to this Agreement, shall collect the proceeds thereof. The Trustees shall have full authority to take any action in regard to the collection of proceeds that it deems best and to pay any expenses thereof out of the Trust estate, but it shall not be required to enter into or maintain any litigation to enforce payment of such policies until it shall have been indemnified to its satisfaction against all expenses and liabilities to which it might in its judgment be subjected by any action on its part. The Trustees shall have full authority to make any compromise or settlement with respect to such policies, or any of them, that it may deem expedient, and to give to the insurance companies, and each of them, all the necessary and proper releases and acquittances in full discharge of all of the liabilities under such policies. No insurance company whose policy or policies shall be deposited hereunder or who shall make payment of the proceeds thereof to the Trustees shall be required to inquire into or take notice of any of the provisions of this Agreement or to see to the application or disposition of the proceeds of such policies, and the delivery of a receipt by the Trustees to any such insurance company shall be effectual to release and discharge it from any payment so made and shall be binding upon every beneficiary of the trusts created by this Agreement. __ _#6 -2- ARTICLE VI Dimositive Provisions -General The proceeds of all life insurance policies which are subject to this Agreement, together with any other property acquired heretmder by the "JAMES KENNETH BOYLES and HIIDA ROSE BOYLES REVOCABLE TRUST", including any property that may become subject to the provisions of this Agreement under the Last Wills and Testaments of the Grantors, shall be held by the Trustees, in trust, for and upon the trusts purposes, and conditions, and subject to the provisions hereinafter in this Agreement set forth. ARTICLE VII Grantors Living -Disposition of Income and Principal During the lifetimes of the Grantors, and continuing during the lifetime of the survivor, the Trustees may, in their discretion, pay to or apply for the benefit of the Grantors, such amounts of the income and from the principal of the "JAMES KENNETH BOYLES and HILDA ROSE BOYLES REVOCABLE TRUST", up to the whole thereat: as the Trustees, from time to time, deem necessary or advisable for their use and benefit. ARTICLE VIII Death of Either Gran tor Upon the death of either Grantor, the Trust shall continue for the benefit of the surviving Grantor. The surviving Grantor shall continue to serve as sole Trustee. ARTICLE IX DeathofRemainingGranror Upon the death of the last to die of the Grantors (such date being hereinafter referred to as the "Division Date"), the "JAMES KENNETH BOYLES and HILDA ROSE BOYLES REVOCABLE TRUST" (including any amounts which may be added thereto under the Last Will and Testament of the last to die of the Grantors), shall be administered and disposed of as follows: (a) For the pwpose of facilitating the payment of estate, inheritance, legacy, succession and other taxes, state and federal, including any interest and/or penalties thereon arising or owing upon as a result of the last to die of the Grantors, the Trustee may use the whole or part of the principal or income of the "JAMES KENNETH BOYLES and HILDA ROSE BOYLES REVOCABLE TRUST" to the extent that it shall, in its sole discretion determine as follows: ( 1) to purchase from the Personal Representative of the Grantors' estates any assets and property, whether real or personal, tangible or intangible, composing any part of the probate estate of the Grantors, for such price and upon such terms and conditions as the Trustee shall in its discretion deem proper, and ~ -3- ( (2) to make loans and advances to the Gran.tors' Personal Representative upon such terms and conditions, with or without security, as the Trustee shall in its discretion determine. Payments, purchases, loans and/or advances made by the Trustee in the bona fide belief that they are pursuant to the provisions of this Section shall be final and conclusive and not open to questions by anyone. (b) After the Trustee makes provisions for or makes any payments pursuant to the provisions of the immediately preceding Section (a) hereinabove, the Trustee shall distribute the remaining balance of the "JAMES KENNETH BOYLES and HlLDA ROSE BOYLES REVOCABLE TRUST" as follows: (1) Forty thousand dollars ($40,000.00) to the Grantors' daughter, Margaret R. Brown, outright, free of any trust; (2) Ten thousand dollars ($10,000.00) to the Grantors' son, James K Boyle, Jr., outright, free of any trust ; (3) Forty thousand dollars ($40,000.00) to the Grantors' son, Douglas R. Boyle, outright, free of any trust; (4) Ten thousand dollars ($10,000.00) to the Grantors' son, Kevin A. Boyle, outright, free of any trust. Any remaining balance of the "JAMES KENNETH BOYLES and HlLDA ROSE BOYLES REVOCABLE TRUST'' shall be divided into as many shares as will make one equal share for each of the Grantors' then surviving children and in the event any of the Grantors' children are deceased and are survived by children, then and in that event, one share also for the then surviving descendants collectively of each deceased child of the Grantors (hereinafter called "Grandchildren's Parts", in the plural, or "Grandchildren's Part", in the singular). Except for the share created for the Grantor's son, JAMES K. BOYLES, JR., all of the children's shares shall be distributed outright, free of trust, to the children. The Trustee shall use the share created for JAMES K. BOYLES, JR to purchase either a lifetime or a term of years annuity (with such decision to be made in the sole discretion of the Trustee), with the principal and income of said annuity to be amortized over the expected lifetime of JAMES K. BOYLES, JR. or the number of years of the term of the annuity, as the case may be. JAMES K. BOYLES, JR shall not have the right to cash in the annuity or to borrow against the annuity, however he shall have the right to designate one or more beneficiaries of the annuity. The "Grandchildren's Parts", if any, shall be held, managed, distributed, and dealt with as provided in Article X hereinbelow. Separate books and records shall be kept for each "Grandchildren's Part" and for any trust in which any such part is to be held as hereinafter provided but, except as may be necessary to accomplish the principal distribution or distributions hereinafter provided, there need be no physical division of the assets involved. -4- c ARTICLEX "Grandchildren's Parts" (a) A share so created for the descendants of a deceased child of the Grantors shall be distributed to such descendants, in equal shares, per stirpes, if all of such descendants have reached the age of twenty-five (25) years at the time of the division of the Trust into shares. If all of such descendants have not attained the age of twenty-five (25) years at the Division Date (as defined in Article IX hereinabove ), then, in that event, the share so created for such descendants shall continue to be held in trust by the Trustee who shall devote to such descendants' health, education (including college and professional education), and support in reasonable comfort, as much of the income of the Trust as the Trustee may deem necessary or proper for such purposes (without any necessity to maintain equality of distribution), and to the extent that the income is insufficient for such purposes, the Trustee may distribute all or any portion of the principal of the Trust to such descendants for such pUiposes (without any necessity to maintain .equality of distribution). Any income not distributed shall be accumulated by adding and incorporating it into the principal of the Trust to be administered, invested, reinvested and dealt with in the same manner as any other principal of the Trust. (b) The Trust shall terminate upon the twenty-fifth (25~ birthday of the last of such descendants to reach such age. Upon the termination of the Trust, the then principal thereof shall be distributed and paid over to such descendants, in equal shares, per stirpes; provided, however, that if all of such descendants shall die prior to the termination of the Trust as provided for hereinabove, then, in that event, the Trust shall tenninate upon the death of the last to die of such descendants, and the then principal thereof shall be distnouted and paid over to the then surviving descendants of the Grantor, in equal shares, per stirpes. (c) If the "JAMES KENNETH BOYLES and HILDA ROSE BOYLES REVOCABLE TRUST" is to be divided into more than one share and is to be held in trust as heretofore specified, then unless the Trustee merges the trusts as provided for under Subsection (r) of Article XII hereinbelow, the Trustee shall hold each share as a separate trust and each trust shall be designated by the name of the beneficiary or beneficiaries thereof. Separate books and record shall be kept for each trust, but it shall not be necessary that a physical division of the assets be made as to each trust established hereunder. ( d) If, upon the termination, as heretofore provided, of any of such trusts, there is in existence a trust established hereunder with respect to any person or persons to whom distribution is to be made upon such termination, as provided hereinabove, then such distribution shall be made to the Trustee of such trusts and the principal and accumulated income so distributed shall be administered, invested, reinvested and dealt with in the same manner as any other principal of such Trust. ( e) If, upon the death of both Grantors, or at any time thereafter, there should be no person in being qualified to receive the principal of the "JAMES KENNETH BOYLES and HILDA ROSE BOYLES REVOCABLE TRUST" or the principal of any of the trusts established hereunder, then the principal of any of such trusts, or the portion thereof with respect to which such total failure of qualified recipients has occurred, shall be paid over to the persons who would constitute the -5- c persons entitled to the Grantors• estates under the laws of descent and distribution of the State of Florida as if the Grantors• deaths had occurred upon the date of such total failure of qualified recipients, and in such latter event, the determination of the Trustees as to such persons and to their respective interests in the Grantors' estates, shall be conclusive on all parties. ARTICLE XI Distribution to Minors (a) In the event that the income or any discretionary payments of principal from the nJAMES KENNETH BOYLES and HilDA ROSE BOYLES REVOCABLE TRUST'' or any share thereof becomes payable to a minor, or to a person under legal disability, or to a person not adjudicated incompetent, but who, by reason of illness or mental disability is, in the opinion of the Trustee, unable properly to administer such amounts, then such amounts shall be used by the Trustees directly for such beneficiary's health, education (including college and professional education), and support in reasonable comfort, or such amounts shall be paid out by the Trustees in such of the following ways as it deems best: (1) directly to such beneficiary; (2) to the legally appointed guardian or conservator of such beneficiary; (3) to some relative or friend for the health, education (including college and professional education), and support in reasonable comfort of such beneficiary. (b) Any amounts held by the Trustees for the benefit of any minor in accordance with this Article XI shall be paid over to said minor as follows: (1) when such minor reaches the age of twenty-five (25) years, the Trustees shall distribute to such minor, fifty percent (50%) of the then principal of the Trust (2) when such minor reaches the age of thirty (30) years, the Trustees shall distribute the balance of the principal of the Trust, including any accumulated but widistributed income, and the Trust shall terminate. ARTICLE XII (a) To hold and continue to hold as an investment, the property received hereunder and any additional property which may be received by it, so long as it deems proper. The Trustee may presume that the Grantor has confidence in such securities or properties and therefore, no sale thereof shall be made solely in order to diversify investments; and to retain also, unproductive securities or properties without allocation of any portion of the Trust principal to income, notwithstanding the provisions of Section 738.12 of the Florida Statutes or any other similar law, rule or regulation now or hereafter in effect; and to invest and reinvest in property of any kind, real, personal or mixed, or in choses in action, or in any business, whether or not income-producing, -6- deemed by it to be for the best interests of the trusts and the beneficiaries hereunder, without being limited to trust investments prescribed by law, and notwithstanding that the same may constitute leaseholds, royalty interests, patents, copyrights, interests in mines, oil and gas wells, or timber lands, or other wasting assets, and without any responsibility for any depreciation or loss by or on account of such investments; and to invest the Trust property in investment trusts and common trust funds. (b) To engage in activities and to invest in assets which promise to yield the greatest return and result in a maximum appreciation of principal. ( c) To buy, sell and trade in securities of any nature, including short sales, on margin, and for such purposes may maintain and operate margin accounts with brokers, and may pledge any securities held or purchased by the Trustee with such brokers as security for loans and advances made to the Trustee. (d) To rent or lease any property of the Trust for such time and upon such terms and for such price or prices as in its discretion and judgment may seem just and proper and for the best interests of the trusts and the beneficiaries hereunder, irrespective of the provisions of any statute or of the termination of the trusts. (e) To sell and convey any of the property (including any stocks or bonds) of the trusts or any interest therein, or to exchange the same for other property, for such price or prices and upon such terms as in its discretion and judgment may be deemed for the best interests of the trusts and the beneficiaries herewider, and to execute and deliver any deed or deeds (with or without ( warranty), receipts, releases, contracts, or other instruments necessary in connection therewith. (f) To make repairs and improvements at any time deemed necessary and proper to and upon real property constituting a part of the trusts, and to build, construct, and complete any building or buildings upon such property which in its discretion and judgment may be deemed advisable and proper for the best interests of the trusts and the beneficiaries hereunder, and to determine the extent to which the cost of such repairs and improvements shall be apportioned as between the principal and the income of the trusts. (g) To deduct, retain, expend and pay out of any money belonging to the Trust any and all necessary and proper expenses in connection therewith and the conduct of same, and to pay all taxes, insurance premiums and other legal assessments, debts, claims or charges which at any time may be due and owing, by, or which may exist against the trusts. (h) To vote upon all securities belonging to the trusts, and to become a party to any stockholder's agreements deemed advisable by it in connection with such securities. (i) To consent to the reorganization, consolidation, merger, liquidation, readjustment of or other change in any cotporation, company, or association, or to the sale, mortgage, or lease of the property thereof or any part thereof, any of the securities or other property which may at the time be held by it hereunder and to do any act or exercise any power with reference thereto that may be legally exercised by any persons owning similar property in their own right, including the exercise of conversion, subscription, purchase, or other options, the deposit, surrender, or exchange of securities, the entrance into voting trust, and the making of agreements or subscriptions which it ~4 -7- ( may deem necessary or advisable in connection therewith, all without applying to any court, or to otherwise dispose of any securities or any other property which it may so acquire. (j) To compromise, settle, arbitrate or defend any claim or demand in favor of or against the trusts; to enforce any bonds, mortgages, or other obligations or liens held hereunder; and to enter upon such contracts and agreements to make such compromises or settlements of debts, claims, or controversies as it may deem necessary or advisable. (k) To incur and pay the ordinary and necessary expenses of administration, including (but not by way oflimitation) reasonable attorneys' fees, investment counsel fees and the like. (I) To act hereunder through an agent or attorney-in-fact, by and under power of attorney duly executed by the Trustee, in carrying out any of the powers and duties herein authorized. (m) To borrow money for any pwposes of the Trust, or incidental to the administration thereof, upon its bond or promissory note as Trustee, to secure the repayment thereof by mortgaging or pledging or otherwise encmnbering any part or all of the property of the trusts, and with respect to the purchase of any property, as part of the consideration given therefore to assume a liability for the transfer or to acquire such property subject to a liability. (n) To lend money to any person or persons upon such terms and in such ways and with such security as it may deem advisable for the best interests of the trusts and the beneficiaries hereunder. To engage in business with the property of the trusts as sole proprietor, or as a general or limited partner, with all the powers customarily exercised by an individual so engaged in business, and to hold an undivided interest in any property as tenants in the partnership. ( o) To make any division or distribution required under the terms of this Agreement in kind or in money, or partly in kind and partly in money. (p) To cause the securities held by it to be registered in the name of a nominee or in the form of street certificates, or in any other f01m, even though the same may fail to disclose the fact that the same is held in trust, or the terms upon which such property is held. ( q) The Trustee may freely act under all or any of the powers in this Agreement given to it in all matters concerning trusts herein created, after fanning its judgment based upon all circumstances of any particular situation as to the wisest and best course to pursue in the interests of the trusts and the beneficiaries hereunder, without the necessity of obtaining the consent or pennission of any persons interested therein, or the consent or approval of any court, and notwithstanding that it may also be acting individually, or as Trustee of other trusts, or as agent for other persons or corporations interested in the same matters, or may be interested in connection with the same matters as a stockholder, director, or otherwise; provided, however, that it shall exercise such powers at all times in a fiduciary capacity primarily in the interests of the beneficiaries hereunder. (r) To merge one or more trusts into a single trust when in the opinion of the Trustee the merger would be in the best interests of the beneficiaries of the trusts; provided, however, that each trust to be merged must be identical with respect to beneficiaries, the Trustee then serving, trustee -~ -8-n~ ( powers, trustee discretion over distribution and/or accumulation of trust income and principal, duration of the existence of the trust, and such other matters as might reasonably be required in order to effect such a merger of the trusts. (s) To charge or credit to principal any premiums and discounts on securities purchased at more or less than par. (t) To make any and all elections and to exercise any and all options given to it by the Internal Revenue Code as the same may be amended from time to time and any regulations thereunder; and, specifically to any appropriate election under Section 2056 of the Internal Revenue Code. The powers herein granted to the Trustee may be exercised in whole or in part from time to time and shall be deemed to be supplementary to and not exclusive of the general powers of trustees pursuant to the law, and shall include all powers necessary to carry the same into effect. ARTICLE XIII Principal and Income The Trustee shall have the power to determine the allocation of receipts and expenses between income and principal, provided that all rights to subscribe to new or additional stocks or securities and all liquidating distributions shall be deemed to be principal. The Trustee, may in its sole discretion, allocate capital gains and losses, in whole or in part, to income or principal. ARTICLE XIV Accounting By Trustee The Trustee shall maintain accurate accounts and records. At any time after the death of the last to die of the Grantors, unless waived in writing by the beneficiaries, the Trustee shall render annual accountings to the beneficiaries hereunder showing receipts, disbursements and distributions of principal and income. The Trustee shall deliver annual accountings to the beneficiaries within ninety (90) days after the end of each calendar year. Each beneficiary shall be required to deliver to the Trustee, no later than thirty (30) days after such beneficiary's receipt of the annual accounting or the final accounting, any objections to the accounting, and such beneficiary shall also foiward a copy of such objections to the Trustee's attorney. Any objections must be in writing, must state with particularity the item or items to which the objections are directed, and must state the grounds on which the objections are based. If a beneficiary does oot file a complaint with the Circuit Court and schedule the complaint for hearing within ninety (90) days after the filing of the objections with the Trustee, then the objections shall be deemed abandoned; moreover, in the case of a final accounting, the Trustee may distribute the assets of the trust according to the proposed plan set forth in the final accounting. Upon scheduling any such complaint for hearing, such beneficiary shall provide proper notice of such hearing to all interested persons and parties. ~ -9- ( ( ARTICLE XV Provisions Regarding Trustee (a) If both Grantors shall die, resign, become mentally or physically incapable of attending to their personal business affairs, or cease to act as Trustees hereunder for any reason whatsoever, then in that event, MARGARET R. BROWN and KEVIN A. BOYLES, or the survivor thereof, shall serve as successor Co-Trustees, or as sole successor Trustee, as the case may be, in their place and stead. The resignation of either Grantor shall be effective upon the successor Trustee receiving notice thereof in writing from him or her. Either Grantor shall be deemed to have become mentally or physically incapable of attending to his or her business affairs in accordance with the provisions of Article XXI hereinbelow. The successor Trustee shall be indemnified by the Grantor or the Grantors' estate for any claims or for any liability or loss arising from any inaction or action taken by the successor Trustee in good faith under the terms of this Agreement. (b) A Trustee (either individual or corporate) may resign at any time by giving thirty (30) days prior written notice to that effect to all beneficiaries or their representatives entitled to income hereunder. In the event that the Grantors have not named a successor Trustee, the resigning Trustee herellllder shall have the right to appoint bis successor Trustee within said thirty (30) day period. In the event the resigning Trustee shall fail to appoint a successor Trustee, then in that event, the resigning Trustee hereunder shall have the right to petition a court of competent jurisdiction to appoint a successor Trustee. The resigning Trustee shall continue to serve as Trustee until such time as he has appointed a successor Trustee or a court of competent jurisdiction has appointed a successor Trustee. Any individual Trustee serving hereunder may be removed at any time by the beneficiaries then collectively receiving a majority of the income of any trust created hereunder. Said beneficiaries shall give the individual Trustee thirty (30) days prior written notice of their intention to remove said individual Trustee. In the event the Gran.tors have not named a successor Trustee, within the said thirty (30) day period the beneficiaries then collectively receiving a majority of the income of any trust created hereunder shall petition a court of competent jurisdiction to appoint a successor individual Trustee. In the event the beneficiaries shall fail to petition a court of competent jurisdiction to appoint a successor individual Trustee, then in that event, the then serving individual Trustee shall continue to serve as Trustee until a court of competent jurisdiction has appointed a successor individual Trustee. Any corporate Trustee hereunder may be removed at anytime by the beneficiaries then collectively receiving a majority of the income of any trust created hereunder. Said beneficiaries shall give the corporate Trustee thirty (30) days prior written notice of their intention to remove said corporate Trustee. In the event the Grantors have not named a successor Trustee, within the said thirty (30) day period, the beneficiaries then collectively receiving a majority of the income of any trust created hereunder shall appoint a successor corporate Trustee. In the event the beneficiaries shall fail to appoint a successor corporate Trustee within said thirty (30) day period, then in that event, the then serving corporate Trustee shall continue to serve until a successor corporate Trustee is appoint~ -10- \. ( Promptly after receiving notice of the appointment of a successor Trustee, the resigning successor Trustee shall render its fmal accounting and shall transfer and deliver to such successor, all trust assets then held by it whereupon it shall have full and complete acquittance for all assets so delivered and shall have no further duties hereunder. Every successor Trustee appointed hereunder shall possess and exercise all powers and authority herein conferred upon the original Trustee. ( c) A successor Trustee hereunder shall have no responsibility or accountability for the acts of a predecessor Trustee; the successor's responsibility and accountability shall be limited to those assets or properties, record title to which is in the name of the predecessor Trustee and shall commence on the date when the successor Trustee assumes custody of those assets. ( d) Neither the initial Trustee nor any successor Trustee, shall be required to give any bond or security for the faithful performance of his, her or its duties as Trustee. Any Trustee hereunder shall be liable only for his own willful breach of trust or gross negligence in the exercise of his, her or its duties and not for any honest error in judgment. (e) If for any reason the Trustee is unwilling or unable to act as Trustee as to any property which shall be subject to administration in another state, such person or qualified corporation as the beneficiaries then receiving a majority of the income from the trust established herein shall from time to time designate in writing, shall act as Trustee as to such property. Each Trustee so acting shall exercise the powers granted by this Agreement only upon the direction of the other Trustee or Trustees, then serving hereunder. Any person or corporation so acting as Trustee pursuant to the provisions of this Section (e) may resign at any time by giving written notice to the other Trustee or Trustees then acting hereunder. The net income and proceeds from the sale of any part or all of the property in any other state shall be remitted to the other Trustee or Trustees acting hereunder to be administered under this Agreement. (f) Throughout this Agreement, unless the context clearly indicates otherwise, the term "Trustee" shall refer to the Trustee then serving as such hereunder, whether said serving Trustee is the initial Trustee or a designated or appointed successor Trustee, or a Trustee appointed with respect to out of state property, except as otherwise provided for in Section ( e) hereinabove. ARTICLE XVI Compensation of Trustee (a) Any individual serving as Trustee of any trust created pursuant to this Agreement shall be entitled to receive reasonable compensation for his services as such but may, at his election in writing, waive such compensation. (b) For its services hereunder, any corporate Trustee shall be entitled to receive reasonable compensation in accordance with its rate schedule in effect from time to time and applicable to the handling of an express inter vivos trust. ~ -11- ( ARTICLE XVII Additional Property The Grantors or any other person shall have the right at any time and from time to time -to add life insurance policies and other property to the trusts hereby created, by transferring, assigning, selling, conveying, devising or bequeathing any such insW"8llce and property to the Trustee, to be held by it under this Agreement; and, if so added, the proceeds of such policies and such property shall be governed by the provisions hereof, the same as if originally included hereunder. ARTICLEXVIIl Facility of Distribution If the aggregate value of the assets available for the establishment of any trust created pursuant to this Agreement shall be less than Fifty Thousand Dollars ($50,000) at the time of creation of such trust or trusts, or if, during the administration of any trust or trusts hereunder, the principal assets of such trust or trusts shall be less than Fifty Thousand Dollars ($50,000), then such trust or trusts shall not be established or shall terminate, as the case may be, and the assets which are in or would have been distributed to such trust or trusts shall be distributed instead to the beneficiaries who are then or would have been entitled to receive the income from said trust or trusts in the same proportions as they are or would have been entitled to receive such income, absolutely and free from any trust, provided all such beneficiaries have attained the age of majority. ARTICLE XIX All questions relating to the validity, construction and administration of any trust created hereunder shall be determined in accordance with the laws of the State of Florida and the situs of this Trust, for all purposes, shall be in the State of Florida. ARTICLE XX Simultaneous Deaths If the Grantors should die simultaneously or under circumstances which make it difficult to determine which of them died first, then and in that event, the Husband, JAfvlES KENNETH BOYLES, shall be deemed to have predeceased his said Wife, HIT.DA ROSE BOYLES, for the purposes of this Agreement and the provisions of this Agreement shall be construed upon that assumption and basis. ~/5 -12- ( ARTICLEXXI Power of Amendment and Revocation (a) The Grantors (if both Grantors are living and mentally competent) reserve the right to amend, modify, or revoke this Agreement in whole or in part, at any time or times, by notice in writing, delivered to the Trustee, and such amendments, modification or revocation shall be effective immediately upon their delivery of such notice to the Trustee, except that changes with respect to the Trustee's duties, liabilities, or compensation shall not be effective without the Trustee's consent. Neither Grantor may amend or modify the dispositive provisions of the Agreement, or revoke this agreement after the death or incapacity of the other Grantor. (b) If either Grantor is determined to be incapacitated (as provided below), all of such Grantor's rights under this article shall be suspended until a determination is made that the Grantor is no longer incapacitated. (1) If the Grantor's spouse states, in writing, that there is a reasonable basis to believe that the Grantor is mentally or physically impaired so that he or she is unable to manage his or her own property (or that the Grantor has recovered and is able to manage his or her own property again), a board certified medical doctor and the Grantor's personal physician shall be retained at the expense of the Trust to confinn whether there is such an impairment or recovery (whether temporary or pennanent). If the medical doctors confirm in writing that the Grantor is unable to manage his or her own property (or that the Grantor has recovered and is able to manage his or her own property again), and if a copy of the doctorst written confirmation is delivered to the Grantor and to the Trustee, that determination will be binding for all purposes of this Trust unless a court determines otherwise. (2) If a court that has jurisdiction over the Grantor determines the Grantor to be legally incapacitated, or thereafter restores the Grantor's legal capacity, that determination will be binding for all purposes of this Trust and will supersede any determination made under Article XXI(b)(l) above. (3) If a determination is made that the Grantor is no longer incapacitated, and if the Grantor was serving as a Trustee when he or she was determined to be incapacitated, the Gran.tor will resume service as a Trustee. Anyone who succeeded the Grantor as a trustee and who was not already serving as a Trustee when the Grantor was determined to be incapacitated shall cease to serve when the Grantor resumes service as a Trustee. All of the Grantor's rights under this article will be restored if the Grantor determined to be able to manage his or her own property. ARTICLE XXII Protection of Third Parties Dealing With Trustee (a) No party dealing with the Trustee in relation to the trust real property in any manner whatsoever, and without limiting the foregoing, and no party to whom the trust real property or any -13-·(X~\ ( part of it or any interest therein shall be conveyed, contracted to be sold, leased or mortgaged by the Trustee, shall be obliged: (1) to see to the application of any purchase money, rent, or money borrowed or otherwise advanced on the real property; (2) to see that the terms of this Trust Agreement have been complied with; (3) to inquire into the authority, necessity or expediency of any act of the Trustee; or (4) to inquire into any of the terms of this Trust Agreement. (b) Every deed, mortgage, lease or other instrument executed by the Trustee in relation to the trust property shall be conclusive evidence in favor of every person claiming any right, title, or interest by, through, or under the Trust: (1) that at the time of its delivery, the Trust created under this Agreement was in full force and effect; (2) that such instrument was executed in accordance with the terms and conditions of this Agreement and all its amendments, if any, and is binding upon all beneficiaries thereunder; (3) that the Trustee was duly authorized and empowered to execute and deliver every such instrument; ( 4) that, if a conveyance has been made to a successor or successors in trust, such successor or successors have been appointed properly and are vested fully with all the title, estate, rights, powers, duties and obligations of its, his, or their predecessor in trust. ARTICLE XXIII Spendthrift Provision The interest of any beneficiary in the income and principal of this Trust shall be free from the control or interference of any creditor of the beneficiary or any spouse of a married beneficiary and shall not be subject to attachment or susceptible to anticipation or alienation. ARTICLE XXIV Status of Adopted Children For all purposes under this Agreement, whether for the determination of relationship or otherwise, the reference to "children" and "descendants" of the children of the Grantors shall be deemed to include adopted children of the Grantors, adopted children of the Grantors' children, and the descendants of all such adopted children. _p.,/f 6' -14- ( ( "' ARTICLEXXV Miscellaneous Throughout this Agreement, except where the context otherwise requires, the masculine gender shall be deemed to include the feminine and vice versa, the neuter gender shall be deemed to include the masculine and/or feminine gender where appropriate, and the singular shall be deemed to include the plural and vice versa. IN WITNESS WHEREOF, JAMES KENNETII BOYLES and HILDA ROSE BOYLES, as Grantors and Trustees, have to this Revocable Trust Agreement, subscribed their names and affixed their seals, at Tampa, Florida, this ~I day of -d/.A-t-. , 2002. /'4~ l~1R..~ ~~~' TH 6\3~ Gran.tor Witness t\H wia frU . f1))fj(,ft Witness Witness t}J V11L /{;( . Ulif.A Grantor Witness ...../~-1 _,,cc.;.<_,_ ~;tL~-$;' HILDA ROSE BOYLES -~' "17 Witness Trustee ttfru UL 1U . IU~ Witness -15- ( The foregoing instrument was subscribed, sealed, published and declared. by JAMES KENNETH BOYLES and HILDA ROSE BOYLES, as and for their Revocable Trust Agreement, in the presence of us, the undersigned, who at their request, in their presence, and in the presence of each other have hereunto subscribed our names as witnesses this :')I day of ,Ce,)ru<-~7 , 2002. Nrune Residence ik I! LiL /.) fl(~1 Name Residence STATE OF FLORIDA COUNTY OF HILLSBOROUGH we, Aij· #Nu , 4wvt=: M, AJ,1u££. JAMES KENNETH BOYLES and HILDA ROSE BOYLES, the witnesses and the Grantors and Trustees, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned officer that the Grantors and Trustees, in the presence of witnesses, signed the instrument as their Revocable Trust Agreement and that they signed voluntarily and that each of the witnesses in the presence of the Grantors and Trustees at their request, and in the presence of each other signed the Revocable Trust Agreement as a witness and that to the best of the knowledge of each witness, the Grantors and Trustees were at that time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. Trustee #-/L Witness , /WvuL tt( .1vL1JJ..l\ Witness -16- ( STATE OF FLORIDA COUNTY OF HILLSBOROUGH On this 'll ff day of hi312. u11 ti.. \I , 2002, before me the lll1dersigned officer, personally appeared, JAMES KENNETH BOYLES and HILDA ROSE BOYLES, the Grantors and Trustees, who: [X1 are personally known to me to be the individuals described in, and who executed, the foregoing-·Revocable Trust Agreement, and who did/did not (Circle One) take an oath. [ ] are not personally known to me, but provided Driver's License No. ---------and as proof that they are the individuals described in, and who executed, the foregoing Revocable Trust Agreement and who did/did not (Circle One) take an oath. STATE OF FLORIDA COUNTY OF HILLSBOROUGH On this Z/ !f day of (.f:"JS f-u fl/2.y personally appeared, @.6 ,...;-/A1v cJ witnesses, who: , 2002, bA me the undersigned o:!Jjcer, , and rN/\/tl &L1vl tlcetC as [)(] are personally known to me to be the individuals described in, and who executed, the foregoing Revocable Trust Agreement, and who did/did not (Circle One) take an oath. ( J are not personally known to me, but provided Driver's License Nos. and as proof that they are the individuals described i~ and who executed, the foregoing Revocable Trust Agreement, and who did/did not (Circle One) take an oath. -17- .... ···:• ....... ~ JAMES P. HINES f..tp_;ti· ~f.,\ MY COMMISSION I CC 805n9 ~· ~!n EXPIRES: February 1, 2003 ,i;r;li-~' &ndad Thru Notary NJlic Undalwrltera ( EXHIBIT "A" SCHEDULE OF PROPERTY TRANSFERRED PURSUANT TO THE FOREGOING TRUST AGREEMENT BETWEEN JAMES KENNETH BOYLES and HILDA ROSE BOYLES AS GRANTORS AND JAMES KENNETH BOYLES and HILDA ROSE BOYLES AS TRUSTEES. Approved on_ day of ___ ___, 2002 JAMES KENNETH BOYLES GRANT OR HILDA ROSE BOYLES GRANT OR JAMES KENNETH BOYLES TRUSTEE HILDA ROSE BOYLES TRUSTEE -18- DURABLE POWER OF ATTORNEY I, Hilda Rose Boyles, as of this February 5, 2016, hereby appoint and empower my son, Douglas R. Boyles, as my true and lawful attorney-in-fact ("my Agent"), to act for me and in my name and on my behalf to exercise the powers listed in this Durable Power of Attorney. Except as otherwise provided in the Florida Power of Attorney Act (Fla. Stat. Ch. 709), my Agent may exercise these powers independently and without the approval of any court. My Agent, however, shall exercise all powers in a fiduciary capacity in good faith, as a prudent person would using reasonable care, skill, and caution. Reference to my Hspouse" means any person or persons whom I later marry. Third Parties. Any third party to whom this Durable Power of Attorney is presented may rely upon an affidavit by my Agent stating, to the best of my Agent's knowledge and belief, that this power has not been revoked, that I am then living, and that no proceedings have been initiated to determine my incapacity. No third party relying on this power and that affidavit will be liable for any losses, damages, or claims caused by compliance with the action requested by my Agent, unless that third party has actual knowledge of my death or the revocation of this power. A THIRD PARTY WHO IMPROPERLY REFUSES TO ACCEPT THIS POWER OF ATTORNEY WILL BE LIABLE FOR DAMAGES, INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS, INCURRED IN ANY ACTION OR PROCEEDING THAT CONFIRMS THE VALIDITY OF THIS POWER OF ATTORNEY. Durable Power. This Durable Power of Attorney will not be affected by my subsequent incapacity except as provided in Chapter 709 of the Florida Statutes. It is my specific intent that the power conferred on my Agent will be exercisable from the date of this Durable Power of Attorney, and will remain effective thereafter, notwithstanding my subsequent disability or incapacity, except as otherwise specifically provided by statute. Use of Copies. As provided in Fla. Stat. §709.2106, a photocopy or electronic copy of this power is sufficient for its exercise. Preparer. This document was prepared by the law firm of Hines Norman Hines, P.L., 315 S. Hyde Park Avenue, Tampa, FL 33606, Telephone No. (813) 251-8659. My Agent will have the following powers and duties: GENERAL AUTHORITY l. To manage all assets and properties belonging to me or in which I have any interest, and to expend whatever funds my Agent deems proper for the preservation, maintenance, or improvement of those assets or properties. 2. To exercise all powers even though my Agent may also be acting individually or on behalf of any other person or entity interested in the same matters (as more fully set forth in the Additional Provisions section). ( 3. To seek on my behalf the assistance of a court or other governmental agency to carry out an act authorized in this power of attorney and to enforce the exercise of these powers granted to my Agent. 4. To execute, acknowledge, seal, deliver, file, or record any instrument or communication the Agent considers desirable to accomplish a purpose of a transaction, including creating at any time a schedule listing some or all of my property and attaching it to the power of attorney; 5. To exercise any authority reasonably necessary to give effect to an express grant of specific authority in this power of attorney. 6. To the extent not limited under the law of the jurisdiction in which this power of attorney is presented, to take all other actions as may be necessary or appropriate for my personal well-being and the management of my affairs, as fully and as effectively as if made or done by me personally. REAL PROPERTY To manage and conserve any real property, or any interest or incidents in real property, on my behalf as stated below. Such property and incidents in property include any interest in homestead property, mineral rights, and cooperative apartments. I give my Agent the following powers: 7. To receive, buy, sell, exchange, lease, encumber, and convey such property; to impose restrictions and covenants; to grant options, releases, and easements, including for public use; to adjust boundaries; and to partition or consent to partitioning, subdivide, apply for zoning or other governmental permits, plat or consent to platting, and engage in development activities for such property, including, but not limited to the following described property located in the County of Garfield in the State of Colorado specifically, 5720 County Road 301, Parachute, Colorado 81635. 8. To pay or contest any taxes due on such property, and to receive refunds. 9. To engage in any form of litigation regarding the possession, ownership or liability involving such property, including foreclosure on a mortgage, or enforcement of a contract for sale (including specific performance). I 0. To create or receive a security interest in such property, and to satisfy a mortgage. 11. To lease or sublease such property; any such lease will be valid and binding for its full term even if it extends beyond the duration of this power of attorney. 12. To insure the property against liability or casualty or other loss, and to maintain, repair or alter such property, including removing or erecting structures on the property. 2 \, ( 13. If not prohibited in this Durable Power of Attorney, to change the form of title of such property, including contribution into a business entity in exchange for an interest in that entity. 14. To join with other persons with whom I own property as joint tenants with right of survivorship or as tenants by the entireties in any transaction regarding that property. 15. With respect to income-producing real property, my Agent will have the powers: a. b. c. d. e. To retain and operate the property for as long as advisable; To control, direct, and manage the property, determining the manner and extent of my Agent's active participation in these operations, and to hire one or more supervisors for the property; To hire and discharge employees, fix their compensation, and define their duties; To invest funds in other land holdings and to use those funds for all improvements, operations, or similar purposes; To retain any of the net earnings for working capital and other purposes as advisable in conformity with sound and efficient management; and To purchase and sell machinery, equipment, and supplies of all kinds as needed for the operation and maintenance of the property. TANGIBLE PERSONAL PROPERTY To manage and conserve any tangible personal property, or any interest in tangible personal property, including exempt property, on my behalf, as follows: 16. 17. 18. 19. 20. 21. 22. To receive, buy, sell, exchange, or otherwise dispose of such property, even if without consideration. To pay or contest any taxes due on such property, and to receive refunds. To engage in any form of litigation regarding the possession, ownership or liability involving such property. To create or receive a security interest in or grant options regarding such property. To lease or sublease such property; any such lease will be valid and binding for its full term even if it extends beyond the duration of this power of attorney. To insure, store, move, maintain, repair or alter such property. If not prohibited in this instrument, to change the form of title of such property, including contribution into a business entity in exchange for an interest in that entity. 3 (_ l_ 23. To operate, insure, license and register with any state or government agency, any and all vehicles of which I am the registered or legal owner. 24. To surrender possession of such property to me or to members of my family without liability for wear, tear, and obsolescence of the property. INVESTMENTS 25. To invest in assets, securities, or interests in securities of any nature, whether domestic or foreign markets, including (without limit) stocks, bonds, mutual funds, index funds, or investment funds, including common tmst funds, provided such securities are traded on a regulated exchange. 26. To establish or maintain and to trade in credit or margin accounts (whether secured or unsecured), and to pledge assets for that purpose. 27. To hold funds uninvested for such periods as the Agent deems prudent, and to invest in any assets the Agent deems advisable even though they are not technically recognized or specifically listed in so-called "legal lists," without responsibility for depreciation or loss on account of those investments, or because those investments are non-productive, as long as the Agent acts in good faith. 28. 29. 30. 31. 32. To employ a custodian or agent ("the Custodian") located anywhere within the United States, at my expense, whether or not such Custodian is an affiliate of an Agent; to register securities in the name of the Custodian or a nominee thereof without designation of fiduciary capacity; and to appoint the Custodian to perform such other ministerial functions as the Agent may direct, all as permitted in Fla. Stat. Chapter 709. While such securities are in the custody of the Custodian, the Agent will be under no obligation to inspect or verify such securities, nor will the Agent be responsible for any loss by the Custodian. To employ any investment management service, financial institution, or similar organization to advise the Agent; to handle investment of my assets; and to render all accountings of funds held on my behalf under custodial, agency, or other agreements. If the Agent is an individual, these costs may be paid from my assets in addition to compensation payable to the Agent. To receive and hold certificates and other evidences of ownership with respect to stocks and bonds, or to hold such securities in street certificates or in a book entry system. To exercise voting rights with respect to stocks and bonds in person or by proxy, enter into voting trusts, and consent to limitations on the right to vote. To the extent not limited in the Special Transactions section, to apply for, fund, modify, withdraw from, or terminate a qualified tuition plan authorized under 26 USC §529, or its successor provisions, for any of my descendants, including the right to combine accounts, to transfer an account from one state to another, to redirect the investment of the account (to the extent permitted by law), or to change the designated beneficiary of the plan. 4 ( 33. To conduct investment transactions as provided in Fla. Stat. §709.2208(2). FINANCIAL MATTERS 34. To collect, receive, and receipt for any and all sums of money or payments due or to become due to me. 35. To continue, establish, modify, or terminate an account, credit or debit card, electronic transfer authorization, or other banking arrangement with a bank, trust company, savings and loan association, credit union, thrift company, brokerage firm, insurance company, or other financial institution selected by the Agent. 36. To make, assign, draw, endorse, discount, guarantee, and negotiate promissory notes, checks, drafts, and other negotiable or nonnegotiable paper. 37. To deposit to or withdraw from, by check, order, electronic funds transfer, wire transfer, or otherwise, money or property of mine held by a financial institution. 38. To receive statements of account, notices, and similar documents from a financial institution and act with respect to them; to contract with a financial institution for services, including renting a safe deposit box or space in a vault. 39. To enter any safe deposit box or vault on which I am a signer and withdraw or add to the contents. 40. To adjust, renew or extend the time of payment of commercial paper, a debt owed to me, a debt I owe, or a debt guaranteed by me, or any other financial transaction. 41. To borrow money on my behalf and pledge as security my personal property; to apply for, receive, and use letters of credit from a financial institution, and give an indemnity or other agreement in connection with them. 42. To conduct banking transactions as provided in Fla. Stat. §709.2208(1 ). 43. 44. 45. BUSINESSES AND CONTRACTS To act for me in any business or enterprise, including sole proprietorships, general or limited partnerships, joint ventures, business trusts, land trusts, limited liability companies, and other domestic and foreign forms of organizations (each referred to as an "Entity"), in which I am now or have been engaged or interested. To change the form of organization or governing jurisdiction under which an Entity is operated, or its name, or any of the above, and to continue any unincorporated business that the Agent determines is not advisable to incorporate. To buy, sell, enlarge or reduce my ownership interest in any Entity, and to contribute additional capital into an Entity in which I have an interest. 5 ( 46. To enter into an ownership agreement with other persons to take over all or part of the operation of an Entity. 47. To establish the value of an Entity under a buy-sell agreement to which I am a party, and to enforce the terms of any agreement relating to ownership (or sale) of an interest in an Entity. 48. To participate in any type of liquidation or reorganization of any enterprise. 49. To vote and exercise all rights and options, or empower another to vote and exercise those rights and options as permitted by law, concerning any interests in an Entity, in securities, or in other assets; to enter into or approve agreements for merger, reorganization, conversion, domestication or equivalent transactions with respect to any Entity; and to enter into voting trusts and other agreements or subscriptions. 50. To exercise in person or by proxy, or enforce by litigation or otherwise, a right, power, privilege, or option I have as the holder of stocks and bonds; 51. To compromise, arbitrate, or otherwise adjust claims in favor of or against any Entity in which I have an interest. 52. Except as otherwise provided under Fla. Stat. §709.2201(3) relating to contracts for personal services, to contract with any person or Entity for any purpose (including contracts between me and my Agent, such as a personal service contract in which my Agent is the provider of personal services to me), and to perform that contract; and to agree to any termination, release, rescission or modification of any contract or agreement. INSURANCE, ANNUITIES, AND RETIREMENT FUNDS For purposes of this section, a "Contract" means a contract of insurance on my life, a contract of insurance regarding my disability or long term care, or an annuity (however denominated). A "Plan" means a retirement plan or account created by an employer, by me, or by another person to provide retirement benefits or deferred compensation for me as a participant, beneficiary, or owner, including a plan or account under the following sections of the Internal Revenue Code (as amended from time to time): an individual retirement account under §§408, 408A, or 408(q); an annuity or mutual fund custodial account under §403(b ); a pension, profit-sharing, stock bonus, or other retirement plan qualified under §40l(a); a plan under §457(b), and a nonqualified deferred compensation plan under §409A. To the extent not limited in the Special Transactions section, I give my Agent the following powers: 53. 54. 55. To continue, pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a Contract, whether or not I am a beneficiary under the contract, and whether owned by me or obtained by my Agent; To procure new Contracts for me and any member of my family; To exercise the following rights for Contracts: 6 ( a. To obtain a loan secured by a Contract or to borrow against its value; b. To surrender a Contract and receive its cash surrender value; c. To exercise any election available under that Contract; d. To exercise investment powers, if applicable; e. To change the manner of paying premiums and to select the form and timing of the payment of proceeds; f. To change or convert the Contract to another type; g. To sell, assign, or otheiwise transfer the Contract. 56. · To obtain property, casualty, liability or any other insurance for me and my property. 57. With respect to a Plan, I give my Agent the following powers: a. To select the form and timing of payments and withdraw benefits from the Plan; b. To make rollovers, including a direct trustee-to-trustee rollover, of benefits from one Plan to another; c. To establish a Plan in my name; d. To make contributions to a Plan; e. To exercise investment powers, if applicable; f. To borrow from, sell assets to, or purchase assets from a Plan. EST A TES, TRUSTS, AND OTHER BENEFICIAL INTERESTS To the extent not limited in the Special Transactions section, to act for me regarding any trust, probate estate, guardianship, conservatorship, escrow, custodianship or fund in which I may have a right or beneficial interest, including: 58. To make an election on my behalf for me to receive an elective share of my spouse's estate, if any, as provided by Florida law from time to time. 59. To exercise for my benefit a presently exercisable general power of appointment. 60. To transfer property to the trustee of a trust created by me or for my benefit. 61. To accept, receipt for, sell, assign, pledge, or exchange my interest; to reject or disclaim, or consent to a modification of, my interest. 7 ( 62. To initiate and pursue litigation, including settlement, compromise, or alternative dispute resolution, regarding my interest, including a determination of the meaning, validity, or effect of a deed, Will, declaration of trust, or other instrument or transaction affecting my interest, or to remove, substitute, or surcharge a fiduciary. CLAIMS AND LITIGATION 63. To sue in my name and behalf for the recovery of any and all sums of money or other things of value, payments due or to become due to me, or damages I have sustained or will sustain; to seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or intermediate relief and use an available procedure to effect or satisfy a judgment, order, or decree; and to collect, hold and disburse any property received in satisfaction of judgments. 64. To initiate or participate in adjustments of claims, either by me or against me, including submission to alternative dispute resolution, and to settle or compromise such claims. 65. 66. To participate and bind me in any litigation, including: to waive or accept service of process on my behalf; to appear for me; to agree to stipulations or admission of facts on my behalf (other than a representation as to my personal knowledge); to verify pleadings, seek appellate review, procure and give surety and indemnity bonds, authorize and pay for records and briefs; to receive, execute, and file a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other instrument; and to make or accept a tender or offer of judgment. To pay any and all bills, accounts, claims, and demands now or hereafter payable by me, including a judgment, award, order or settlement made in connection with a claim or litigation. 67. To assert and maintain before a court or administrative agency a claim for relief or cause of action, or to seek an injunction, specific performance, or other relief. 68. To act for me with respect to any bankruptcy or insolvency concerning me or some other person, or with respect to a reorganization or receivership which affects my interest in any property. PERSONAL AND FAMILY MATTERS 69. To demand, obtain, review, and release to others medical records, documents, or communications protected by the patient-physician privilege, attorney-client privilege, or any similar privilege, including all records subject to, and protected by, the Health Insurance Portability and Accountability Act of 1996, as amended ("HIPAA"). I designate my Agent as my personal representative under HIPAA. My Agent may also enforce any or all of the privileges listed above. 70. To nominate on my behalf a person (including my Agent) or entity to be appointed by a court of appropriate jurisdiction as guardian of my person or property, or both, or as 8 ( ( 71. 72. 73. 74. 75. 76. custodian for my property during the pendency of any proceedings to determine my legal capacity. To receive and open my mail, change my mailing address, and otherwise represent me in any matter concerning the U.S. Postal Service. To access communications intended for me, and communicate on my behalf, whether by mail, electronic transmission, telephone, or other means. To access my accounts involving web-based communications, such as email, memberships in organizations or commercial enterprises, and social media, all of which require a user name and password for access, even to the extent of compelling the provider to reset my information to data of my Agent's choosing. To the extent not limited in the Special Transactions section, to continue or discontinue my membership in any club, religious institution, society, order, or other organization (whether individual or family) and to continue or discontinue payment of dues, fees, or contributions to those organizations. Accept or resign on my behalf from any offices or positions which I may hold, including any fiduciary positions. To hire and compensate attorneys, accountants, advisors, financial consultants, managers, agents, and assistants (including any individual or entity who provides investment advisory or management services, or who furnishes professional assistance in making investments) without liability for any act of those persons, if they are selected and retained with reasonable care. An Agent may serve in one or more of these capacities and be compensated separately for the services in each. 77. To discharge (with or without cause) any person hired by me (or on my behalf), by my Agent, or by any prior Agent, including but not limited to, the categories of persons named above, and physicians, nurses, care-givers, and domestics. 78. To make periodic payments of child support and other family maintenance required by a court or governmental agency or an agreement to which I am a party. GOVERNMENT BENEFITS AND ACTIONS This section deals with benefits or actions from or relating to any branch or department of the United States government, any state government, or any foreign government, whether or not recognized by the United States, including without limitation, the Social Security Administration, the Department of Veterans Affairs, the Internal Revenue Service, Medicare or Medicaid, and any government department providing payments or grants. I give my Agent the following powers: 79. To file or process claims, and receive payment for any amounts due me under any such government program or as payments for retirement from any governmental entity, agency, or program, including without limit any program or plan administered or 9 ( sponsored by the United States, any state (or a subdivision of a state) of the United States, or any branch of the military. 80. To enroll in, apply for, select, reject, change, amend, or discontinue, on my behalf, a benefit or program, and to receive and endorse for deposit in any account any payments that I receive from a governmental source. 81. To file or process claims, and receive payment for medical bills with all insurance companies through which I have coverage, including but not limited to Medicare and Medicaid, and to receive from Blue Cross/Blue Shield, Humana, United Health Care, CHAMPUS, or any other insurer information obtained in the adjudication of any claim in regard to services furnished to me under Title 18 of the Social Security Act. 82. To prepare, execute, and file a record, report, or other document to safeguard or promote my interest under a federal or state statute or regulation; to communicate with any representative or employee of a government or governmental subdivision, agency, or instrumentality, on my behalf. 83. To create, fund and maintain an income trust pursuant to 42 USC § 1396(d)(4)(B), and a special needs trust pursuant to 42USC§1396(d)(4)(A) and/or (C), in order to qualify me for Medicaid or any other public assistance benefits. 84. TAXES To represent me before any office of the Internal Revenue Service or any state agency, to receive confidential information regarding all tax matters (for my SSN ending in rJ.J.YD ) for all periods, whether before or after the execution of this Durable Power of Attorney, and to make any tax elections on my behalf. 85. To prepare, sign and file any tax return on my behalf including income, gift, payroll, property, Federal Insurance Contributions Act, claims for refund and other tax returns or other tax-related documents, including receipts, offers, waivers, consents, and agreements. 86. To pay taxes due, collect refunds, post bonds, receive confidential information, and contest assessments, deficiencies, fines, or penalties determined by the Internal Revenue Service or any other taxing authority. 87. To execute on my behalf any power of attorney required by the Internal Revenue Service or other taxing authority with respect to a tax year upon which the statute of limitations has not run and the following 25 tax years. SPECIAL TRANSACTIONS Certain transactions under this power of attorney may profoundly affect my existing estate plan and therefore require a separate authorization for my Agent to engage in them. By initialing next to any items below within the respective numbered paragraphs in this Special Transactions section, I grant my Agent the authority stated in that paragraph with respect to the item initialed. 10 ( By inserting the word "No'' next to any items below within the respective numbered paragraphs in this Special Transactions section, I am prohibiting my Agent from taking any action described in that paragraph. 88. .:;).l.~t} Gifts. I authorize my Agent to make gifts of my property outright to, or for the benefit of, members of my family or charitable organizations my Agent believes I have supported or would support. For these purposes, a gift "for the benefit of' a person includes a gift to a trust in which that person is a beneficiary, to a custodial account under a state version of the Uniform Transfers (or Gifts) to Minors Act, and to a tuition savings account or prepaid tuition plan as defined under Internal Revenue Code §529. 89. _J...,J ie 1i Trusts. I authorize my Agent to create an inter vivos trust, whether revocable or irrevocable, in which I am a beneficiary; to amend, revoke, or terminate a trust of which I am a beneficiary, or transfer the assets of such a trust into another trust under which I am a beneficiary; to create, amend, or revoke trusts for the benefit of others; and to participate in either judicial or nonjudicial modification of a trust as permitted in Fla. Stat. Chapter 736. 90. 41J~ Survivorship and Other Designations. I authorize my Agent to create or 91. change rights of survivorship. in accounts or other assets in which I have an interest; to change a beneficiary designation for any accounts or financial instruments, including life insurance policies, annuities, or retirement accounts of any nature; and to waive my right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan of any nature. JI-/!!/~ Disclaimers: I authorize my Agent to disclaim: any interest in property I might otherwise receive, either outright or in trust; any powers I have over property or as a beneficiary of any trusts (excluding any powers I possess in a fiduciary capacity); and any powers of appointment I have or may acquire, excluding any testamentary power of appointment that I currently exercise in my Last Will and Testament. ADDITIONAL PROVISIONS Protection for Agent. I understand, acknowledge and ant1c1pate that many of my Agent's actions taken pursuant to specific grants of authority in this instrument could involve him in conflicts of interest (created either by me or by my Agent), or call into question my Agent's apparent loyalty to me, or both. This might result from the totality of the circumstances facing the Agent at that time, or by virtue of the Agent's specific actions that might create the conflict of interest. I want my Agent to be free to act in my interest without concern over questionable lawsuits. Therefore, so long as my Agent acts in good faith, he will be protected as follows: a. My Agent does not have an affirmative duty to act under this power of attorney and will not be liable for any claim or demand arising out of his good faith acts or omissions, except for actions or omissions resulting from my Agent's dishonesty, improper motive, or reckless indifference to the purposes of this power of attorney or my best interests. 11 ( b. My Agent may have competing interests for himself or his affiliates, and I waive any express duty of loyalty imposed under Fla. Stat. § 709 .2114(2). c. My Agent may have a conflict of interest as provided in Fla. Stat. §709.2116. Despite that section, my Agent may undertake a transaction on my behalf even if another party to that transaction is: (i) a business or trust controlled by my Agent, or of which my Agent, or any director, officer, or employee of a Corporate Agent, is also a director, officer, or employee; (ii) an affiliate or business associate of my Agent; or (iii) my Agent acting individually. This exception also extends to any relative of such a party. d. I fully indemnify my Agent out of my assets and my estate for any actions brought against him, and damages he sustains, including attorneys' fees and costs, that have as a basis my Agent's actions or inactions resulting in both a claim for breach of fiduciary duty and actual damages to me or my estate, but this protection does not extend to actions or omissions resulting from my Agent's dishonesty, improper motive, or reckless indifference to the purposes of this power of attorney or my best interests. If my Agent ceases to serve, these provisions for indemnification may be enforced against me or a successor Agent. This right of indemnification extends to the estate, personal representatives, legal successors and assigns of my Agent. e. My Agent will not be liable for any actions or omissions by a predecessor agent if the Agent does not participate in or conceal the action or omission. My Agent is not required to review the actions of a predecessor agent, absent actual knowledge by the Agent of wrongdoing. If, however, my Agent has actual knowledge of a breach or imminent breach of fiduciary duty by another agent, including a predecessor agent, my Agent must take action reasonably appropriate in the circumstances to safeguard my best interests. If my Agent in good faith believes that I am not incapacitated, giving notice to me is a sufficient action. Compensation and Expenses. My Agent will be entitled to reasonable compensation and reimbursement for all expenses reasonably incurred by him on my behalf. Foreign Accounts. Despite any power granted to my Agent in this instrument or under law, my Agent may not exercise any power over, or transact any business with respect to, an account in a foreign country, as defined in 31 CFR 1010.350(c) and 1010.350(d), unless my Agent expressly and specifically accepts such authority in writing. Delegation of Powers. My Agent may not delegate the powers given to him as my attorney-in-fact, except as follows: a. To grant a transfer agent or similar person the authority to register securities in my name or the name of a nominee. b. For investment management purposes as provided in Fla. Stat. §518.112. c. To any other person, as may be permitted under the law of another jurisdiction in which this instrument is presented. Suspension of Rights and Duties. All powers granted to my Agent will be suspended immediately if he becomes disabled, i.e., unable to carry out his duties under this Durable Power c 12 of Attorney because of a mental or physical impairment (whether temporary or permanent in nature). For these purposes, that disability is determined as follows: a. My Agent's capacity or disability can be determined by a court having jurisdiction, which will supersede any other determination under this section. b. In the absence of a judicial determination, if my Agent is disabled, as confirmed by my Agent's physician or a board certified medical doctor hired at my expense, all powers of my Agent as my attorney-in-fact will be suspended until his legal capacity is determined by a court, or until the physician consulted determines my Agent is no longer disabled. Partial Invalidity. If any part of this power of attorney is declared invalid or unenforceable, that decision will not affect the validity of the remaining parts. Limitation on actions of Agent. No Agent may participate in an action to the extent that a payment or distribution pursuant to that action would discharge a legal support obligation of that Agent. No Agent who is the insured of any insurance policy that I own may exercise any rights or have any incidents of ownership with respect to the policy, including the power to change the beneficiary, to surrender or cancel the policy, to assign the policy, to revoke any assigmnent, to pledge the policy for a loan, or to obtain from the insurer a loan against the surrender value of the policy. All such power is to be exercised solely by another Agent, if any. In witness whereof, I have executed this Durable Power of Attorney as of the date first written above. Signed in the presence of: Two witnesses as to Hilda Rose Boyles ST A TE OF F Loida COUNTY OF lli l\6txrcJ{jh The foregoing instrument was acknowledged before me on February 5, 2016, by Hilda Rose Boyles. Personally Known ___ //~"--- Produced Identification _____ _ Type of Identification _____ _ 2/14/2018 L Garfield County Land Explorer 200' andowrurs S72D C'ounly }Dad 30/ Garfield County Land Explorer c Parcel Physical Address 240506400087 301 COUNTY RD PARACHUTE 240507200098 6343 301 COUNTY RD PARACHUTE 240518300054 5708 301 COUNTY RD PARACHUTE 240701300143 5253 301 COUNTY RD PARACHUTE 240712100142 5720 301 COUNTY RD PARACHUTE 240712100171 301 COUNTY RD PARACHUTE c Owner MOSS, BRAD & WINETIE D LEMON, JAMES R DOUBLE B R,A.NCH LIMITED LIMIL!TY COMPANY TEP ROC KY MOUNTAIN LLC BOYLES, JAMES KENNETH AND HILDA ROSE REV TRUST BOYLES , DOUGLAS R Account Num R083517 R009791 R083386 R270457 R470006 R008150 Mailing Address 1900 DALROCK ROAD ROWLETT, TX 75088 6343 COUNTY ROAD 301 PARACHUTE, co 81635 5706 COUNTY RO /»D 301 PA RA CHUTE, co 8 1635-9100 PO BOX 330 GAINESVILLE , TX 7 6241 PO BOX 1247 CARBONDALE, CO 81623 5706 COUNTY ROAD 30 1 PARACHUTE , co 81635 1 /1 &Garfield County Garfield County Land Explorer 5'720 Printed by Web User qn1r~ LJ I 1 inch= 0.14 miles 0 .1 Garfield County 0.2 Garfield County Colorado www.garfield-county.com Disclaimer -OAMiles ·•· s Colorado This is a compilation of records as they appear in the Garfield County Offices affecting1hearea shown. This drawing Is to be used only for reference purposes and the County is not responsible for any loacc1.1raaes herein contained. Garfield County Land Explorer ( Parcel Physical Address Owner Account Mailing Address Num 240507200098 6343 301 COUNTY LEMON, JAMES R R009791 6343 COUNTY ROAD 301 RD PARACHUTE PARACHUTE, CO 81635 240518300054 5708 301 COUNTY DOUBLE BRANCH LIMITED R083386 5706 COUNTY ROAD 301 RD PARACHUTE LIABILITY COMPANY PARACHUTE, CO 81635-9100 240701300143 5253 301 COUNTY TEP ROCKY MOUNTAIN LLC R270457 PO BOX 330 GAINESV1LLE, RD PARACHUTE TX 76241 240712100142 5720 301 COUNTY BOYLES, JAMES KENNETH R470006 PO BOX 1247 RD PARACHUTE AND HILDA ROSE REV TRUST CARBONDALE, CO 81623 240712100171 301 COUNTY RD BOYLES, DOUGLAS R R008150 5706 COUNTY ROAD 301 PARACHUTE PARACHUTE, CO 81635 240714100953 Not available BUREAU OF LAND R270525 2300 RIVER FRONTAGE PARACHUTE MANAGEMENT ROAD SILT,C081652 Garfield County Printed by Web User Garfield County Land Explorer 570(o 1inch=0.14 miles 0.1 0.2 0.4Miles ------------==========:::::J © Garfield County Garfield County Colorado www.garfield-county.com Disclaimer Colorado This is a compilation ofrecords as they appear In the Garfield County Offices affecting the area shown . This drawing is to be used only for reference purposes and the County is not responsible for any inaccuracies herein contained. Copyright Garfield County, Colorado I All Rights Reserved Printed: 2/15/2018 at 3 :22 :43 PM ( ( The mineral owners were researched by three methods. 1. As found in the Commitment for Title Company of the Rockies. Commitment # 1201217-CZ Attached. 2. Confirmed by Caerus Oil & Gas, LLC 100117th St, Suite 1600 Denver, co 80202 3. Researched through Garfield County Clerk and Recorder office by Suzi Brown, dating back to the homesteading of the property by Daniel Riley on December 17, 1898. This information is true and correct to best of my ability as of February 10, 2018. ( ( Commitment No. 1201217-Ci COMMITMENT FOR TITLE INSURANCE SCHEDULE B-SECTION II EXCEPTIONS Schedule B-II Exceptions Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. Any loss or damage, including attorney fees, by reason of the matters shown bel«;1w: 1. Any facts, right, interests, or claims which are not shown by the Public Records but which could be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof 2. Easements or claims of easements, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the Public Records or attaching subsequent to the effective date hereof: but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in tax.es or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. 8. tes, as reserved in 9. Any and all water and water rights, reservoir and reservoir n , and ditch rights, and the enlargements and extensions thereof, and all laterals, flumes and headgates used in connection therewith. I 0. Any rights, interests or easements in favor of the State of Colorado, the United States of America, or the general public, which exist or are claimed to exist in, over, under and/or across the water d present and past bed and banks of the Holmes Ditch. Alta Commitment -2006 Schedule B-11 Exceptions ( \. ( Commitment No. 1201217-C2 Schedule B-II Exceptions (continued) 13. Terms, agreements, provisions, conditions and obligations as contained in Lemon-Bumguardner Spring Development and Pipeline Agreement recorded January 23, 1982 in Book 542 at Page 714. 15. Easement and right of way for ingress, egress and utilities purposes, as granted by Double B Ranch, LLC to Josh B. Lyons and Jana J. Lyons, by instrumtm.t recorded March 9, 2001 at Reception No. 577197, said easement being more particularly described therein. 16. Easement and right of way for electric transmission and distribution line purposes, as granted by Josh B. Lyons and Jana J. Lyons to Holy Cross Energy, by instrument recorded May 31, 2001 at Reception No. 581837, said easement being more particularly described therein. I 7. Terms, agreements, provisions, conditions and obligations as contained in Contract for Electric Service recorded June 8, 200 I at Reception No. 582324. 18. Easement and right of way for purposes, as granted by Josh B. Lyons and Jana J. Lyons to Holy Cross Energy, by instrument recorded October 22, 200 I at Recmtion No. 590347. said easement being more particularly described therein. Alta Commitment -2006 Schedule B-II Exceptions (continued) ( ( MINERAL RIGHTS OWNERS 5720 County Road 301 • Parachute, CO OWNERS RALPH LONG 5225 Adams St. Sp. 36 Denver, CO 80216 MARY LOU THORTON PO Box944 Glenwood Springs, CO 81601 HARRY HOAG 11129 Mildred Street, Apt. 5 El Monte, CA 91713 RICHARD HOAG 400 North Osborn Avenue West Covina, CA 91790 ALBERTA SANDELIN TRUST c/o Daniel J. Barks, Trustee 1000 Douglas Highway Gillette, WY 82716 Larry & Mary Bradley JANA LYONS 8604 Guthrie Ct Cross Plains .. TN 37049 JAMES K, HILDA R REVOCKABLE TRUST 4101 Carrollwood Village Dr Tampa, FL 33618 PERCENTAGE OWNED 10% 10% 10% 10% 10% 25% 12.5% 12.5% ( MINERAL RIGHTS OWNERS 5706 County Road 301 • Parachute, CO OWNERS RALPH LONG 5225 Adams St. Sp. 36 Denver, CO 80216 MARY LOU THORTON PO Box944 Glenwood Springs, CO 81601 HARRY HOAG 11129 Mildred Street, Apt. 5 El Monte, CA 91713 RICHARD HOAG 400 North Osborn Avenue West Covina, CA 91790 ALBERTA SANDELIN TRUST c/o Daniel J. Barks, Trustee 1000 Douglas Highway Gillette, WY 82716 Larry & Mary Bradley KEITH & CAROL BROWN 1600 Broadway, Suite 2100 Denver, CO 80202 DOUGLAS R BOYLES 5706 County Road 301 Parachute, CO 81635 PERCENTAGE OWNED 10% 10% 10% 10% 10% 25% 12.5% 12.5% ARTICLE 7 STANDARDS / 7-101 ZONE DISTRICT USE REGULATIONS ( There will be no changes to the use of the land being proposed. 7-102 COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS There will be no changes to the use of the land being proposed. 7-103 COMPATABILITY There will be no changes to the use of the land being proposed. 7-104 SOURCE OF WATER A. BOCC Determination B. Water is provided by individual wells to each property. Each well is approximately 120 feet in depth and provides 15 gpm. There are no land use changes to either property. Attachments: EXHIBIT A Well Permit #252530 5720 County Road 301, Parachute, CO EXHIBITB Well Permit #234720 5706 County Road 301, Parachute, CO EXHIBITC Letter 5720 CR 301. Jana Lyons regarding water use from 2001 -2009 EXHIBITD Letter 5720 CR 301. Doug Boyles regarding water use from 2009 - present EXHIBITE Letter 5706 CR 301. Doug Boyles regarding water use from 2002 - present Determination of Adequate Water Because there is no change to the proposed land in the lot split, Applicant would like to request a waiver from State Engineer comments on water supply plan, and waiver from requiring a well pump test. Water samples were submitted for both properties to Grand Junction Labs in Grand Junction, CO for testing. The results showed the samples meeting all Colorado standards for safe drinking water. TEST RESULTS SAMPLE 5720 (5720 CR 301) EXHIBIT F TEST RESULTS SAMPLE 5706 (5706 CR 301) EXHIBITG CHAIN OF CUSTODY AND BILLING WATER SAMPLES EXHIBITH 7-105 CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS A. Water Distribution Systems 8. Both properties are serviced by individual wells that are adequate to serve each individual property. B. Wastewater Systems Each property has its own septic system consisting of 1 -250 gallon concrete tank. They have been pumped regularly. 5720 County Road 301 was pumped February 5, 2018. We have not had any problems with either septic system. I was a licensed septic installer in Garfield County for many years, and oversaw the construction of both systems. ( Attachments: 5720 CR 301 Pump receipt and inspection report EXHIBIT I 5720 CR 301 Septic Permit EXHIBIT J 5706 CR 301 Septic Permit EXHIBITK SEPTIC 7 & WELL LOCATION MAP Both Properties EXHIBITL WE ARE REQUESTING WAIVER FROM ANY FURTHER TESTING 7-106 PUBLIC UTILITIES A. Adequate Public Utilities Both properties are serviced by Holy Cross Electric overhead, 200 amp service. There are recorded easements for each line to Holy Cross Electric. B. Approval of Utility Easement by Utility Company Attachments: Recorded Easement 5706 County Road 301 EXHIBITM RECORDED EASEMENT 5720 County Road 301 EXHIBIT N RECORDED EASEMENT 5720 County Road 301 EXHIBITO C. Utility location PLEASE SEE MAPS WITH EXHIBITS M,N,O 7-107 ACCESS AND ROADWAYS A. Access from County Road 301 is a 30' wide gravel driveway with a culvert at the County Road. The driveway slopes gently up towards the homes at a 2-3% grade. The driveway provides adequate clearance for fire trucks, semi trucks, and large farm equipment. There are ditches along both sides of the driveway to provide adequate drainage. There are no changes being made to the properties. Access meets the requirements of a Primitive Driveway. Attachments: EXHIBIT P Access Easement Recorded Book 540 Page 770 EXHIBITQ Right of Way Easement for Access and Utilities Book 1236 Page 312. EXHIBIT R Access Easement Book 515, Page 652 EXHIBITS Map of Access 7-108 USE OF LAND SUBJECT TO NATURAL HAZARDS There are no natural hazards on either property. 7-109 FIRE PROTECTION Attachment: EXHIBIT T Letter Parachute, CO Fire Chief 7-201 AGRICULTURAL LANDS (_ A. There will be no change in agricultural operations B. Both properties have livestock grazing on their land ( \ ( C. No change in fences D. No change in existing roads E. There is one ditch that crosses each property. It is the Holmes ditch and is owned by TEP Rocky Mountain, LLC * POB 330 * Gainesville, TX 76241 The lot line adjustment will not interfere with the ditch right of way. 7-202 WILDLIFE HABITAT AREAS There will be no change to wildlife habitat Douglas R Boyles and the Double B Ranch work closely with the Colorado Parks and Wildlife and Habitat Partners Program to maintain the unique elk calving grounds that exist on the ranch. 7-203 PROTECTION OF WATERBODIES There will be no changes or encroachments to any water bodies or ditches 7-204 DRAINAGE AND EROSION There will be no change to drainage 7-205 ENVIRONMENTAL QUALITY There is no change to the use of the land in this lot line adjustment. There is no air or water quality change. 7-206 WILDFIRE HAZARDS There is no new construction on either property and the existing home roofs have a "Class A" fire rating. 7-207 NATURAL AND GEOLOGIC HAZARDS None of these hazards pertain to either of these properties 7-208 RECLAMATION There are no changes being made to the property. There will be no new construction. 7-301 COMPATIBLE DESIGN There is no new construction. The existing homes will have no changes. 7-302 OFF-STREET PARKING AND LOADING STANDARDS There are acres of parking located on each of the large tracts of land. There are no changes being made to create a need for additional parking 7-303 LANDSCAPING STANDARDS Landscaping exists and is all,, natural. There are no changes. 7-304 LIGHTING STANDARDS All existing lighting fixtures face downward and does not escape the property. The homes are more than 1000' apart. 7-305 SNOW STORAGE STANDARDS There are acres of snow storage possibilities. There are only the two homes on the two properties. ( 7-306 TRAILANDWALKWAYSTANDARDS There is no proposed development, and no changes being made to properties. 7-401 GENERAL SUBDIVISION STANDARDS All domestic animals shall be confined to the prospective properties. One fireplace exists at each house. There is no flood plane on either property. 7-402 SUBDMSION LOTS This is not a subdivision development 7-403 SURVEY MONUMENTS Survey monuments exist for both properties. We will survey the adjusted boundary line and place monuments to reflect the lot line adjustment We ask for a waiver from relocating the existing unchanged survey monuments. 7-404 SCHOOL LAND DEDICATION No new lots are being created. ( -. Form No. GWS-25 ·._...; ~~~·:::--~ .~ .. " OFFICE OF THE STA TE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 57 (303) 866-3581 z 0 ..... -""···-· .-:-"':"'.;:·-· ·-. LIC WELL PERMIT NUMBER ____ 2..,.3o,;;;;2.;;o.;63_o __ ---_ APPLICANT DIV. 5 WD45 DES. BASIN MD JOSH & JANA L VONS 115 SILVER QUEEN CIRCLE PARACHUTE, CO 81635- APPROVED WELL LOCATION GARFIELD COUNTY NE 1 /4 NE 1 /4 Section 12 Township 7 s Range 95 W Sixth P.M. DISTANCES fROM SECTION LINES 4700 Ft from South Section Line 550 Ft. from East Section Line UTM COOBPINATES Northing: Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIQNS OF APPROVAL 1) This weO shall be uud in such a way as to cause no material injury to e>cisting water righ1s. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relier in a civil court action. 2) The construction of this weR shall be in compliance with the Water Wen Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examinn of Watsr Wei Construction and Pump lnstallatlon Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-802(3)(b)(ll)(A) as the only well on a tract of land of 37.5 acr• described as that portion of the NE 1/4, NE 114. Sec. 12, Twp. 7 South, Rng. 95 West.. 6th P.M., Garfield County, more particularly described on the attached exhibit A. 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than three (3) single family dweUings. the watering of poultry. domestie animals and livestock on a farm or ranch and the irrigation of not more than one (1) acre Of home gardens and lawns. 5) The maximum pumping rate Of this well shall not exceed 15 GPM. 6) The return flow from the use of this well must be through an indfVidual waste water disposal system of the non-evaporative type where the water is returned to the same stream system in which the well is located. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. NOTE: Expired permit 939n, waa previously issued for this lot ,,#-~ ?,......-- NOTE: Parcel fdentification Number (PIN): 23-2407~121-00-142 0 r // .z../'£ .:?0 I NOTE: Asseasor Tax Schedule Number: 470006 APPROVED (, OMW \ ( (~ FonnNo. GWS-25 APPLICANT OFFICE OF THE STATE ENGINEER "(3 COLORADO DIVISION OF WATER RESOURCES 818Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 ~70'- (303) 866-3581 .::J 0 WELL PERMIT NUMBER ---=234 ........... 720.;;w;... __ --- DIV. 5 W045 DES. BASIN MD APPROVED WELL LOCATION GARFIELD COUNTY SE 1 /4 NE 1 /4 Section 12 DOUGLAS R BOYLES BOX 1466 Township 7 S Range 95 W Sixth P.M. DISTANCES FROM SECTION LINES CARBONDALE, CO 81623· Ft from Ft from Section Line Section Line (970) 379-8632 UTM COORDINATES PERMIT TO CONSTRUCT A WELL Northing: Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDmONS OF APPROVAL 1095 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. · 2) The construction of this welt shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construdion and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(ll)(A) as the only well on a tract of land of 40.00 acres described as the SE 1/4, NE 114. Sec. 12, Twp. 7 S, Rng. 95 W, Sixth P.M., Garfield County. 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than three (3) single family dwellings, the watering of poultry, domestic animals and livestock on a farm or ranch and the irrigation of not more than one (1) acre of home gardens and lawns. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The return flow from the use of this well must be through an individual waste water disposal system of the non-evaporative type where the water is returned to the same stream system in which the well is located. 7) Pursuant to Rule 6.2.3 of the water Well Construction Rules, the well construction contractor shall submit the as-built weft location on work reports required by Rule 17 .3 within 60 days of completion of the well. The measured location must be accurate to 200 feet of the actual location. The location information must include either the 1/4, 114, Section, Township, Range, and distances from section lines, or a GPS location pursuant to the Division of Water Resources' guidelines. APPROVED SAP ( l Front Desk From: Sent: To: Subject: Suzi Brown <suzi@raw-refined.com> Thursday, February 15, 2018 3:01 PM Front Desk Fwd: 5720 CR 301 -Water ----------Forwarded message ---------- From: josh Lyons <janajlyons@gmail.com> Date: Thu, Feb 8, 2018 at 6:02 AM Subject: 5720 CR 301 -Water To: suzi@raw-refined.com To whom it may concern, 572{) I am sending this email in order to answer questions about the property located on County Road 301. 1. How long lived here-6 Years 2. How many people and animals including horses utilizing water and approximately how much water used. We were a family of 4 and had a maximum of 6 horses on the property. Water usage was approximately 12,500.00 gallons per month. 3. Never had a problem with volume of water. If that was the case. My husband and I had the well drilled into 2003, they told us it was excellent. We never had any problems with volume, pressure, Etc. Please feel free to call me if you have any questions 970-260-4170 Kind regards, Jana Lyons 1 ( February 15, 2018 I am writing this letter to address the water/ well usage at 5720 County Road 301 Parachute, CO 81635. The property has been a rental property since our purchase in 2009. The tenant families have consisted of 4-6 persons during that time, plus multiple live stock animals and pets. There have been no issues with amount or quality of water to our knowledge. ( February 15, 2018 I am writing this letter to address the water/ well usage at 5706 County Road 301 Parachute, CO 81635. I have been the sole owner of 5706 County Road 301. Since building my home in 2002, there has been as many as 3 full time occupants. We have multiple live stock animals and pets. We have never had any issues with our well in regards to amount or quality of water. Best Regard~ ~~~o~ K.~l F JOHN C. KEPHART & CO. r;·RA ~ 0 JUN CT I 0 N l AH ORA 10 RI f S / --435 NORTH AVENUE • PHONE: (970) ~42-7618 • FAX: (970) 243-7235 • GRANll JUNCTION, COLORADO 81501 - \. ( Received from: -ANALYTICAL REPORT - Doug Boyles 5706 County Rd 301 Parachute, CO 81635 970-379-8632 5720 3~6 water Customer No.---------Laboratory No. __________ Sample _________ _ ~~Rtt~~~----2/_9_/_1_8~-------~~~~rt~-----~2~/~1~6/~1~8~------­ Lab mnnber SaQ>le ID - Sodium(Na) calcium( Ca) Magnesium( Mg) Potassiun(K) Chloride( Cl) SUlfate(S04) Phenol. Alkalinity( CaC03) Total Alkalinity(caco3) Dissolved Solids Bicarbonate(HC03) carbonate(C03) pH Conductivity@25 deg. c Specific Gravity Resistivity@25 deg c Total Iron(Fe) Total Coliform Bacteria 3646 tt572()0 2/9/18 BAH by SUzi Brown 11 rtg/l 59 ng/l 14 mg/l 1 rrg/l 7 mg/l 13 nr;J/l 0 rrg/l 218 mg/l 286 ng/l 264 mg/l 0~/l 6.90 44o uDbos/cm 1.0000 22. 7 ohm-m 0.06 mg/l O cfu/lOOml Lab Dir.: Brian s. Bauer. ( JOHN C. KEPHART • CO. GRANO JUNCTION l A HORA IOR lES 572-0 u.ttrUM/tal b llolWa Adlall:C.ke taM> I.a O. D ttlda &a for' _. JA UT~ Ml9 fl\d.t.a C!IMlllOt ~ ..,.. • llllU.la al.fall• .... ~ 11• n. • cc tu1 imt tor ..u.. c ao '1111/1,_ nae. ....-.. ,,. ...,,,,..... liait f« "' c l25111111) -mt __.... ,... • JJ I t4d liait fQr cblal'Jde(2!0 •U -not ......... fte • Q f n.t liait M IW.I-. C 2!!iOlllll) -Miit .....S. TM •tQllllltM llalt for 4U-.l'lllll el.Mia (500lll/1) -amt ,..,...., • .,._ Siii -wtthJA U. 1n•1a1J1-dl' d! nmQJ1t (6. W. 5 t. Tll9 Uatt f« UCID C0.3 llQ/U .. -. ---... n. ....._., bat far ._._ia -• __.... 1M Uatta l"llf....S _.. U.ta f« ~ dr1l*illtJ --llWU. .... u. C01orD -tMIL of WJ.c: ll&lda ... llll'Uamllt. Ina a . .._. DU'ICtCI' GA ( 6 JOHN c. KEPHART & co_. GRAND J Li N LT ID N lA B DR ATD RI f ~ --435 NORTH AVENUE + PHONE: (970) ~42-7618 t FAX: (970) 243-7235 + GRANl'l JUNCTION, COLORADO 81501 -- Received from: -ANALYTICAL REPORT - Doug Boyles 5706 County Rd 301 Parachute, CO 81635 970-379-8632 3647 Date Received _____ 2_/9_/_1_8 ________ Dale Reported ______ 2.....:../_1_6,,_/1_8 _______ _ Lab number Sanple ID Scxlium(Na) calcium( Ca) Magnesium( Mg) Potassim(K) Chloride( Cl) SUlfate(S04) Phetx>l. Alkalinity(caC03) ·Total Alkalinity(caco3) Dissolved Solids Bicarbonate(HC03) carbonate(C03) pH Conductivity@25 deg. c Specific Gravity Resistivity@25 deg c Total Iron(Fe) 3647 "&706" 2/9/18 7:30AH by Suzi Brown 21 ng/l 68 mg/l 15 mg/l 1 mg/! 7 mg/l 12 mg/l 0 ug/1 272 mg/l 328 mg/l 329 mg/l 0 mg/l 7.00 540 umhos/ cm 1.0000 18.5 ohm-m -0. 05 mg/! Lab Dir.: Brian s. Bauer ( JOHN C. KEPHA&T 6 CO. bRANO JUHCllON lAQORA lORlES ~: "*....,*, ... tit/ta 1:lGMltlf811l llram 919 IOCb&a AdllanlltiCa lllllt!o .W O. IO tftia u f« -ill~ -fmita ~ ~ .,. 4 *11* a1t&lta ., tolcee 141 8odiW us OlW' u. • 2 2 tad UaU °' 20 ,,,,,1. '1119 • JC I RUlll l.iatt for Ill tJ.2-11) -not ....... ,.. • 13 Jblll·Ulllt f« ~250 •t• -l'IDt -..-.. n. •au tat U.t. f« ..Uate t29GllllU ... ftClt ---... 570fo b • HI l'at Ulllt f• d.lwMlwd mUdll (toOlll/1) -nat. -=-tld. 1M llalta Nt......s .. U&ta far p9l,Sc ~ ..._ ... .u. .,, tba OtlGndll> -.w Of MUc -.J.tla .. IDftnlW. ID4im s.. ~ tbl Sdlal 1mi.: u.:. .-rict11111 .._., m11m -... to aunt. 21 .uu.r-..,.. -....., lits (illbm4 • .-na. JOHN C. KEPHART & CO. GRANO JUNCTION lAHORATORlfS / 435 NORTH AVENUE • PHONE: (970) 242-7618 • FAX! 243·7235 t GRAND JUNCTION, COLORADO 81501 --- ( CHAIN OF CUSTODY FORM COMPANY NAME NAME OF CONTACT ........ ~t..z:r_,.~~~---r-+-~~-1-~-~-------------­ MAIL INO ADDRESS.,..,..~~-r1-J~~-r-:-~~-cr--s---------~-------~~-~ PHONE NUMBER(S) FAX NUMBER.___ ________ ~ PURCHASE ORDER N PROJECT NAME ___ ~---~~ SPECIAL REQUESTS (CHECK IF APPLICABLE): ( ) RUSH FOR EXTRA CHARGES -if available { ) FAX WHEN DONE -give number above <><r. CALL WHEN Dpf-lE ~ gi ~: I,l}lmb:-r abQVe .(><1' OTHER.. Df>UY I O!l_lljD01jifSfl!_~.(t/}/d ' USE THIS AREA FOR ONE SAMPLE SITE: SAMPLE ID: $'72/.2. ~ SAMPLING DATE: ?-/tj/18 TIME:B:Q)an; NAME OF SAMPLER: '31L'z..i =f$inwn. VOLUME, PRESERV.: PLASTIC p GLASS _________ _ ANA1[~1 S ~f'OJ2.?alif: <&a~'ifo USE THIS AREA FOR ONE SAMPLE SITE: SAMPLE ID:~--~---~--------~---~~----~-----~ SAMPLING DATE: TIME: ____ .NAME OF· SAMPLER:. ________ _ VOLUME, PRESERV.: PLASTIC OLASS _______ ~-- ANALYSIS REQUIRED: // /"? ----------- · RELINQUISHED BY (SIG TO (SIGNATURE): TIME_.2._,__H--" __ 12._:1( f1 RELINQUISHED BY TO (SIGNATURE): DATE, TIME ____ _ RELINQUISHED BY (SIGNATURE):_~~~~~~~-~~~~~~~~~~~~~ TO (SIGNATURE): DATE, TIME ____ _ NOTES: Sample submission affirms. representation of the organization or person requesting the analysis, and affirms agreement to the TERMS AND CONDITIONS. Special handling may require addi~ional charges. c ( JOHN C. KEPHART & CO. GRANO JUNCTION LABORATORIES 435 NORTH AVltNUE t PHOM&: (970) 242•7618 t FAX: 243•7235 t GRAND .JUNCTION, COLORADO 81501 PRICES FOR WATER ANALYSIS JANUARY 2016 LONG WATER ANALYSIS Arsenic Barium Cadmium Chromium Fluoride Lead Mercury Nitrate Selenium Silver Color pH Conductivity Sodium Calcium· Magnesium Potassium Chloride Sulfate Phenol. Alkalinity Total Alkalinity Bicarbonate carbonate Dissolved Solids Hardness Turbidity Boron Copper Iron Manganese Molybdemun Ammonia Phosphate Zinc COST: $234.00 COST: $246.00 with · total coliform bacteria·. SHORT WATER ANALYSIS pH Conductivity Sodium calcium Magnesium Potassium· Chloride SUlf ate Phenol. Alkalinity Total Alkalinity Dissolved Solids Hardness COS'!': $84.00 COST: $96.00 with total coliform bacteria OIL WELL WATER ANALYSIS pH Conductivity Soclil.11\ Calcium Magnesium Potassium · Chloride SUlf ate Phenol. Alkalinity Total Alkalinity Dissolved Solids Specific Gravity Resistivity Total Iron Bicarbonate Carbonate COST: $97.00 Bacteria tests received on a·Friday or the day before a holiday have an additional $18.00 charge. 4 ( Bill To Doug Boyles Down Valley Septic & Drain, Inc. P.O. Box 1967 Rifle. CO 81650 930-0124 ... 0263 County Road 119 Glenwood Springs. CO 81601 r :c Invoice Date Invoice# 2/9/2018 12272 Hydro Jet...Rootering .. Septic Repair & Pumping ... Video lnsilection ... Residential.Commercial.Municipal A FULL SERVICE COMPANY Due Date Date of S... Ship To >-----------~ 2/9/2018 2/5/2018 CR 301 Item Description Qty Amount Septic Disposal Septic Tank In ... Enzyme Treat... Discount Septic Pump Disposal Inspection Bacteria Treatment Authorized A.mount: ____________ _ Name on the card: ____________ _ Expiration Date: _______ Code: ____ _ Zip Code: ________ _ Signature: _______________ _ Email: 1 1,250 1 1 250.00 375.00 100.00 45.00 -220.00 Total l $550.00 j Pymnts/Credits l-----$-0-.0-o-j Balance Due l ____ $_5_s_o_.o_o_J A FTNANCE CHARGE OF J .5% PER MONTH (which is 18% APR) will be added to all account balances that exceed 30 days. Should collection become necessary, customer will pay a 35% collection fee and any Attorney fees. ( Down Valley Septic & Drain, Inc. PO Box1967 Rifle, CO 81650 (970)930-0124 Fax(970)208-8432 ISDS INSPECTION CUSTOMER NAME: Doug Boyles ADDRESS: 5720 County Road 301, Rulison TYPE OF TANK: 1250 Gallon concrete tank LOCATION OF TANK: 60' Westofcleano . CLEANOUTS: Southwest comer of house in patio CONDITION OF TANK: Good #OF LIDS: 2 DEPTIIOF LIDS: Ground level CONDITION OF LIDS: I lid is chipped # OF RISERS: 6 INLET T: Good OUTLET T: Good LEVELS OF LIQUID AT T'S: Normal BAFFLES: Yes SLUDGE THICKNESS: 2~, which is good LEECHFIELD LOCATION: West of the tank LEECHFIELD TYPE: Infiltrations LEECHFIELD WORKING: Yes RECOMMENDATIONS: Service every 2 years February 5, 2018 Down Valley Septic&. Drain, Inc., is not responsible for septic system before, during or after inspection. ( ... 1 . (' ...,, . .,, .... GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT 10I Ith Street Suite 303 Glenwood Springe, Colorado 81801 Phone (303) Ml-1211 INDIVIDUAL SEWAGE DISPOSAL PERMIT PROPERTY Permit N~ 3526 This does not constitute a building or UM permit. • ., • Owner'tN1m1l yoU,'vxiH= ~·-ID SILU::~1££A-) System Location Sf ;to c-e.. ~ ' ~ ac H LIT£ Phon~fSS -03;)~ .ZiS-6'SS9 Legal Oe1crtption of Ane .. or'1 Parcel No.------------------------------- SYSTEM DESIGN 16 S 0 Septtc Tank Capacity (gallon) Other '5 I Percotatlon Rate (mlnutea/lnch) Number of Bedrooms (or other) __ !/..&.-__,..._ l'IO~ D' S~J::>IH..b ~'-'-LL,.cff &e.J:> dt : Required Absorption Area • §ee Attached J C/'A D 1 L. ~ C. +I C ~.&6.R'> 1,J g Lb 'IS-ett (!, )C.~$.J 1: J.._ ~ ;o-,.. a' L[ If HJ1Jtl ~ ~ 0J~ 'Specl•I Setback Aequlremenll: . CL~ MU.'> '·~-~ C ff '> _!_t_v ~ Diii /,'/..(~Of '"-""'' ~4~44.c=-.,~ .· FINAL SVITEM INSPECTION AND APPROVAL (at installed) Call for Inspection (2• hours notice) Before Covering Installation S I t II D?J~l-.. ~~ ystem ns a er ____________ _..:.;. .... ~~li..:~E;:....I~-------------------- Septic Tank Capacity __ ........ , .... z ...... SD_----------.-------------------- ~~~~ M~~~u~ or~••~~-~C~~~~~~~~~-~~~~~··~-------------------~ ~-~~~~-~~nr·~~~~----~Y~l~S~--------------------- Abeorption Area _......Jll?Jc....J_.__.....:\J:..-LH~l J.!.-. _-.)_..!-.f l;;._'1_::}-.:--T__;_fl_. _E._~_f-=C~H..:.....:ti.:;_=~.) ____ ____:\:s....--_ Absorption Area Type andf.or Manufacturer or Trade Name _ _...;:l_f...J.;__;.-...!.F--=-l-=L=--1.:..,_..:..(L-=_..__A.__;i__\...;__()~(\.-..!!:j:..-______ _ Adequate compttance with County and State regulatlonl/requlrements __________________ _ 0th•r ----~:_L_L_._OISO-v~l...:.-..._...._.H.___o=...;o---...:..K_;_-----V:;.__.:..P_· _l~O __ -=D---=--LV--=E.=-= _L___:L::._I ...;,_N_<;=---- oa1e _1_-_~_-__ \ ____ 1nspector _..._f\_.__'-_1'_~~---------~----- RETAtN WITH RECEIPT RECORDS AT CONSTRUCTION SITE •CONDITIONS: 1. AH installation m uat comply with all requirements of th• Colorado State Board of Health lndlvldual Sewage Disposal Systems Chapter 25, Article 10 C.R.S. 1973, Revised 1984. 2. This permtt 11 valid only for connection to 1tructure1 which have fully complied with County zoning and building requirements. Con- nection to or use with any dwelling or 1tructure1 not approved by the Building and Zonlr\SJ office shall automatically be a violation or a requirement of the permit and cause fOt both legal action and revocation of the permit. 1 · 3. Any person who con1truct1. alters, or Installs an Individual sewage disposal system In a manner which Involves a knowing and material varlatiOn from the terms or specification• contained In the application-of permit commits a Class I, Petty Offense ($500.00 flne -8 months In 1•11 or both). Whl1e -APPLICANT Yellow -DEPARTMENT ·· ---------------~----------_____________ · __ ~ / .-A·~~ INDIVIDUAL SEW AGE DISPOSAL SYSTEM PR.OPOSBD: -~ SEPTIC TANK ( ) AEltATION PLANT ( ) VAULT ( ) VAULT PRIVY ( ) COMPOSTING TOD.BT ( ) llBCYCLING, POTABLE USE ( ) PIT PRIVY ( ) INCINBltATION TOD.BT ( ) RECYCLING, OTHER USB ( ) CHEMICAL TOB..BT ( ) OTHER· DBSCJJBB FINAL DISPOSAL BY: cvf ABSOltPTION TRENCH, BED Oil PIT ( ) BV APOTRANSPIRATION ( ) UNDEltGR.OUND DISPERSAL ( ) SAND FILTER ( ) ABOVE GROUND DISPEllSAL ( ) WASTEWATER. POND ( ) OlHEll-DESCJUBB, ____________________________________ ~- WILL EFFLUENT BB DISCHAllGBD DlllBCa y INTO WATmlS OF nm STATB? ...... t~t_o ______ _ PFJ\ffiLADON TBST 'RRWLTS: (To be completed by llegistered Professionll Bnaineer, if the Engineer does the Percolation Teat) Minutea.....__ __ _....per inch in hole No. 1 Minutel ____ _.per inch in hole NO. 3 Minutes per inch in hole No. 2 Minutn~ ___ ___.,per inch in bole NO. _ Name, addrell and telephone ofRPE who made· soil absorption tests: ____________ _ ( "N1111e, acldreu l8d telephone ofRPB responsible for desip of the system:. ___________ _ Applicant acbowlod1ea that the comP1etenes1 of the application ia conditional upon such furtlw mandatory and additional tem and reporta u may be required by the local health department to be made wl tumished by the applicant or by the local health department for purposed of the evaluation of the application; and the illUlllCe of the permit i1 subject to aach terms and oonditiom u deemed necessary to insure compliance with rules and regulatiom made, infbrmMion w reporta mbmitted hsewith and required to be submitted by the applicant are or will be represented to be we and cornet to the belt of my knowledp and belief and are designed to be relied on by the local department of health in evaluating the same for purpose1 of issuina the permit applied for herein. I ftuther understand that any faJai8cation or misrepresentation may result in the denial of the application or revocation of any permit granted based upon said application and in legal action for perjury u provided by law. PLBASB DRAW AN ACCUllATB MAP TO YOUll PllOPERTYI I 3 cl Setback., Front Side · Side Rear This Card Must Be Posted So\*. is PJabily Yisible From The Street Until inal Inspection. 1''1 INSPECTiON RECORD.·~ Footingfo-· Septic Final J-[ Notes: ALL LISTED ITEMS MUST BE INSPECTED AND APPROVED BEFORE COVERING - WHETHER INTERIOR OR EXTERIOR, UNDERGROUND OR ABOVE G~0UND. THIS PERMIT IS NOT TRANSFERABLE . . , Phone 384-5003 109 8th Street County Courthouse Gl~nwood ~prings, Colorado. APPROVEDoo NOT DESTROY nus CARD ~ ~ ?rt>o'1~ D.a~CED~~wrfHCLEARPLASTIC ( L ReJet-~/Or a 1~Jl"vli1l~::~L. • {Bf!ataNOl"Ol'OS"BSl.!ll7 ~ Flald N 88"2529• W 1121.50' ;:::---------------Reconl N 89•53'34• W Record. N 89"25'39• W Field N 87"51'348 w 1323.25' 5120 7 Riu'innm JlonunwntfOr Rortla Wat 91m!r S!edoft 7 :l lt:r USCJ£O Bn.IU 07,p In .flam (Bears SOJ'Ol'OS"W 30.957 I ~ 8 ~ ~ ~ ~ w ... 2 ~ [ :;,i: 8 ~ ~ ~ ~ !1 Wac l/4 Cllm.9I' Slcdora 7 Rtebal-an4 07,p LS Na. 3114S In .flam ( 1111111111111111111111111111111111111111111111111111111 590348 10/22/2081 01:02P 91295 P817 n Al.SDORF 1 of 2 R 10.00 0 0.80 GARFIELD COUNTY CO HOLY CROSS ENERGY RIGHT·OF·WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, DOUBLE B RANCH LIMITED LIABILITY COMPANY, a Colorado Corparatlon M (hereinafter called "Granter"). for a good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant unto Holy Cross Energy, a Colorado corporation whose post office address is P. 0. Drawer 21 50, Glenwood Springs, Colorado (hereinafter called "Grantee") and to Its successors and assigns, the right of Ingress and egress across lands of Granter, situate In the County of Garfield, State of Colorado, described as follows: A parcel of land located in Section J 2, Township 7 South, Range 95 West of the 6'h P.M. as more fully described in book 924 at pages 78 and 79 of the records of the Garfield County Courthouse, Glenwood Springs, Colorado. And, to construct, reconstruct, enlarge, operate, maintain and remove an electric transmission or distribution line or system, within the above mentioned lands, upon an easement described as follows: An easement twenty (20) feet in width, the centerline for said easement being a power line as constructed, the approximate location of which upon the above described property Is shown on Exhibit A attached hereto and made a part hereof by reference. It Is agreed that down guys with anchors can be Installed outside of the twenty (20) foot easement. The rights herein granted spectflcally allow Grantee to Install additional poles, down guys with anchors, overhead conductors and/or related facilities within the easement described by the attached exhibit. Additional down guys with anchors may also be Installed outside the twenty (20) foot easement And, In addition, Grantor hereby grants to Grantee, and to Its successors and assigns, the right to clear all trees and brush, by machine work or otherwise, within said easement, and the further right to cut trees, even ~hough outside of said easement, which are tall enough to strike the wires In falling. Grantor agrees that all poles, wire and other facilities Installed by Grantee on the above described lands, shall remain the property of Grantee, and shall be removable at the option of Grantee. Granter covenants that It Is the owner of the above described lands and that the said lands are free and clear of encumbrances and liens of whatsoever character, except those held by the following: TO HAVE AND TO HOLD, said right·of-way and easement, together with all and singular, the rights and privileges appertaining thereto, unto Grantee, Its successors and assigns, forever. IN WIT~f6S~EREOF I Crantor has caused these rresents to be duly executed on this ____ day of ~ _,.o \ I 20_0 __ , WITNESS my hand and official seal. My commission expires: DOUBLE BRANCH LIMITED LIABILITY COMPANY, ~~~CORZ:TION b By: \)c.uc,.S;? ~ ~ Address: .!:::3....::.!.J..;12..-J.:.:::k~&..:::.u....4~~r.2:..-/£a.e!:::::__ My Commission Expires 08/09/2004 W/0#01-17721: 17·12:Double B Ranch:8· t 0·01 Vedll\Quaco\loytet ·~-<i£,1&t l· .. j :•,) .... ~' I I EXISTING /~ HOLY CROSS 1 OVERHEAD ! /PMRLmE i -------------------ff#----------------~-L----/' POLE #86 ~ ---------- --------~--- EXHIBIT A DOUBLE B RANCH T.7S; R.95\J) SEC.12 LDC. 17-12 \ \ POLE K\ #1 ..... ............... PROPOSED ~ Al' ' ' OLE \J ID 17721 JOSH B. L YDNS AND JANA J. L YDNS PROPERTY HOL y CRosy.. ' ..... "'r'"""\--:2 PROPERTY OVERHEAD \,..;... -LINE POVEI< LINE ''J;... .._ .._ ~P~LE ........ .......... DOUBLE B RANCH LLC PROPERTY \ 0 \ \ \ \ \ )\ ~ POLE -:.o(s ---- POLE #4 ~ 0 NUl--m--os- 1' w!!!!! ~= NCJl-_,,:g_ .... ,-- ISlN-. N- &'-= S~!!!!! os-.... --s = ·&-s .... _ &e:g== CIN-- I>-0- ;u -"llm-........ = "'""--rco- 0 Uliiiiiii O"V-ODD-c: .... = zm-- -1 --< 3 !!!!!!! g~- CA-- 0-o--tg= \ ( ~ I I llllll lllll llllll llllll rll llllJI llllll Ill lllll IJll llll 581837 05/31/2001 12:28P B12!7 P251 M ALSDORF 1 of 2 R 10.00 D 0.00 GARFIELD COUNTY CO N I); ! HOLY CROSS ENERGY RIGHT·OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, JOSH B. LYONS AND JANA J. LYONS (hereinafter called "Grantors"), for a good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby grant unto Holy Cross Energy, a Colorado corporation whose post office address is P. 0. Drawer 21 50, Glenwood Springs, Colorado (hereinafter called "Grantee") and to its successors and assigns, the right of ingress and egress across lands of Grantors, situate in the County of Garfield, State of Colorado, described as follows: A parcel of land located in Section 12, Township 7 South, Range 95 West of the 6'h P.M. as more fully described in book 1236 at page 312 of the records of the Garfield County Courthouse, Glenwood Springs, Colorado. And, to construct, reconstruct, enlarge, operate, maintain and remove an electric transmission or distribution line or system, within the above mentioned lands, upon an easement described as follows: An easement twenty (20) feet in width, the centerline for said easement being a power line as constructed, the approximate location of which upon the above described property is shown on Exhibit A attached hereto and made a part hereof by reference. It Is agreed that down guys with anchors can be Installed outside of the twenty (20) foot easement. The rights herein granted specifically allow Grantee to Install additional poles, down guys with anchors, overhead conductors and/or related facilities within the easement described by the attached exhibit. Additional down guys with anchors may also be installed outside the twenty (20) foot easement. And, In addition, Grantors hereby grant to Grantee, and to its successors and assigns, the right to clear all trees and brush, by machine work or otherwise, within said easement, and the further right to cut trees, even though outside of said easement, which are tall enough to strike the wires In falling. Granters agree that all poles, wire and other facllltles Installed by Grantee on the above described lands, shall remain the property of Grantee, and shall be removable at the option of Grantee. Granters covenant that they are the owners of the above described lands and that the said lands are free and clear of encumbrances and liens of whatsoever character, except those held by the following: TO HAVE AND TO HOLD, said right-of-way and easement, together with all and singular, the rights and privileges appertaining thereto, unto Grantee, Its successors and assigns, forever. IN WITNESS !'"!JiEOF, Granters have caused these presents to be duly executed on this l6t°h-day of -D!1L1~/A I 20~. IJ J~ STATE OF (lo(( ... "YVdo ) COUNTY OF Cttrfie-id ~ ss. ,..·th The foregoing instrument was acknowledged before me this ~day of __ ---.-..... ....... ~i--------' 20QL by JOSH B. LYONS AND JANA J. LYONS. WITNESS my hand and official seal. My commission expires: IC. ZO .Cf CINDY SORENSEN NOTARY PUBLIC STATE OF COLORADO W/0#01-17568:17-12:Morrisianna Mesa/Lyons 5-1-01 uarla\qua<:o\lyons --~ !!!!ii:: _o -c --U> -~8 iiiiiii :c >- -I-===~~ __ No -CLO !!!!~c !!!!!!~ arl -......... =a31L ;;;CL$ -«>~ __ N --.. CSi) --Ncs;i -...... iiii.,..CSI ~!iO --t:;l'5> !!!!! ..... es> _ ..... . -(<)CS) __ ,_ =Vl -QOC: -~N =M --~ "O !!!!co --ION \'-..__.,/, I o!X (Y) 0 Cl:::'. xi >- r- z1x ::l 0 u JOSH B. LYONS AND JANA J. L YDNS PROPERTY _. --k-E -I EXHIBIT A SECTION 12 TOwNSHIP 7 SOUTH RANGE 95 'WEST 6th. P.M. w /0 #17568 LDC. #17-12 , __ --.......... ---t /\ "i --/ +\ ~~-2 <:I-+ ........... II x l x x \ 'I +\ ROPING f....._ 'POLE -3 .,_ARENA .,_\ ~ \ . ) + /-+ 'v+ LEGEND: --f j--PROPOSED LINE O PROPOSED POLE E---PROPOSED ANCHOR ~ PROPOSED HOUSE 0 ._/ / ( \ 111\\\ 11\\\ 11\\1\ ll\\ II\\\\ 11\ll \1\11\ \\l lllll l\I\ \II\ 590347 10/22/2001 01:06P B129~ P819 " ALSOORf 1 of 2 R 10.00 D 0.00 GARFIELD COUNTY CO HOLY CROSS ENERGY RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, JOSH B. LYONS AND JANA J. LYONS 0 (hereinafter called "Granters), for a good and valuable consideration, the receipt whereof Is hereby acknowledged, do hereby grant unto Holy Cross Energy, a Colorado corporation whose post office address is P. 0. Drawer 21 50, Glenwood Springs, Colorado (hereinafter called "Grantee") and to its successors and assigns, the right of Ingress and egress across lands of Grantors situate in the County of Garfield State of Colorado, described as follows: A parcel of land located in Section 12, Township 7 South, Range 95 West of the 6'h P.M. as more fully described in book 1236 at page 312 of the records of the Garfield County Courthouse, Glenwood Springs, Colorado. And, to construct, reconstruct, enlarge, operate, maintain and remove an electric transmission or distribution line or system, within the above mentioned lands, upon an easement described as follows: An easement twenty (20) feet in width, the centerline for said easement being a power fine as constructed, the approximate location of which upon the above described property is shown on Exhibit A attached hereto and made a part hereof by reference. It is agreed that down guys with anchors can be lns~alled outside of the twenty (20) foot easement. The rights herein granted specifically allow Grantee to Install additional poles, down guys with anchors, overhead conductors and/or related facillties within the easement described by the attached exhibit. Additional down guys with anchors may also be installed outside the twenty (20) foot easement. And, in addition, Granters hereby grant to Grantee, and to its successors and assigns, the right to clear all trees and brush, by machine work or otherwise, within said easement, and the further right to cut trees, even though outside of said easement, which are tall enough to strike the wires In falling. Grantors agree that all poles, wire and other facilities installed by Grantee on the above described lands, shall remain the property of Grantee, and shall be removable at the option of Grantee. Granters covenant that they are the owners of the above described lands and that the said lands are free and clear of encumbrances and liens of whatsoever character, except those held by the following: TO HAVE AND TO HOLD, said right-of-way and easement, together with all and singular, the rights and privileges appertaining thereto, unto Grantee, Its successors and assigns, forever. IN WITNESS WHEREOF, Grantors have caused these presents to be duly executed on this ____ day of ~~~~~~~~~~~~~~~,,20 ___ . .iANAJ'.. L VONS d COUNTY OF ""'""'"'"""'"~..-.... ........... _, The foregoing Instrument was acknowledged before me this \ fi'h· day of ---"Q---.;Q __ fD ............. bl~-....V'-------'• 20.QL by JOSH 8. L VONS AND JANA J. LYONS. <1nt1f81ii:Z~ WITNESS my hand and official seal. My commission expires: ID· 2.0-0 ( W/0#01-17721: 17-12:Double B Ranch:9·2S-01 Veda\quaco\Boyles '19 /""' I I EXISTING /~ HOLY CROSS 1 OVERHEAD t ~\ ----------- / PO\JER LINE \ : l l -----~----- 1 -----------------mt---------------~------ EXHIBIT A DOUBLE B RANCH T.7S) R.95\./) SEC.12 LDC. 17-12 /' POLE I\ ~86 \ ' ~ \ ' \ \ POLE K\ 11 ..... ' .......... 'vi ID 17721 JOSH B. LYONS AND JANA J. LYONS PROPERTY OS£D '..._ POLE PROP cRasV '' v-.-12 HOLY AD V-.-.. -POLE OVERERHE LINE -''If-~3 POW -...._ .......... ......... 0 \ \ \ \ DOUBLE B RANCH LLC PROPERTY \ \ ~ ~ POLE --. /s ---~ POLE #4 kl 0 NUl--co--os-... ~­ N -.1;;;;;; ;:o .... -s= ........... --~~= ~;:J-cg-- c&-.... --cg = ·CSl-CSI ... _ (5}··--CSI= ClOJ-- l> "V-=.v-"TICD--~~!!!!!! b :I!!!! -0"111-~ClD-z~== -I --<:S- OD= or--en= 0-o--;;a--,..-!!!!!!! ( DEC 1 2 1979 p GRANT OF EASEMENT FOR AND IN CONSIDERATION of Ten Dollars ($10.00} and other good and valuable consideration, the undersigned Granters, Harold Bumguardncr and Kay Bumguardner, hereby grant and convey unto Ronald W. Johnson and Cindy Johnson, their successors and assigns, forever, an easement for access over and across the following described real property: A parcel of land lying in Section 12, Township 7 South, Range 95 West of the 6th P.M., more particularly described as: Commencing at the Northeast l/16th corner of said Section 12; thence N 0°48'21" W, along the East line of Section 12, a distance of 44.05 feet to the point of beginning; thence continuing N0°48'21" W, along the East line of Section 12, a distance of 1,300.00 feet to a brass cap, being a witness corner for the N~rtheast corner of Section 12; thence N 89°53'34" W, alono a fence line, a distance of 1121.50 feet; thence S-33°28'17" w, along a fence line, a distance of 173.36 feet; thence S 33°28'17 11 W along a fence line, a distance of 173.36 feet; thence S 26°30'07" W, along a fence line, a distance of 115.66 feet; thence s 0°28'00" w, along a fence line, a distance of 860.35 feet; thence s 81°29'38" E, a distance of 1,308.40 feet to the point of beginning; County of Garfield, State of Colorado Said easement shall be over and across the existing road in place, for purposes of access from the county road to property owned_ by Ronald W. and Cindy Johnson, located south and east of the above described property. Said easement shall for access by vehicular or other type traffic, u.nd shall include the right of Grantees to extend the width of said road to the extent necessary to meet county road standards if and at such time as desired by Grantees or their assigns. 'I WITNESS our hands and seals this Fl,,:-/ day of September, 1978. STATE OF COLORADO SS COUNTY OF GARFIELD / ...... • # -----'-·~:..~.! _ _:__:_:.;:::.._·;_' __ · '_._·~_--.,_· .. ~------ Notary-' Public ( / This document filed as correction document to add the Township and Range, previously omitted. ( 846445 02/20/2014 08:58:27 AM Page 1 of 6 Jean Alberico, Garfield County, Colorado Rec Fee: $36.00 Doc Fee: $0.00 eRecorded EASEMENT DEED AND AGREEMENT This Easement Deed and Agreement ("Agreement") is made· and entered into this __ day of 2014, by and between DOUBLE B RANCH, LIMITED LIABILITY COMPANY, a Colorado limited liability company with an address of 5706 County Road 301, Parachute, Colorado 81635 ("Double B"), Douglas R. Boyles, with a ·mailing address of 5706 County Road 30t .Parachute. Colorado 81635 C'Doug"), Hilda Boyles, trustee of the James Kenneth Boyles and Hilda Rose Boyles, Revocable Trust, with an address of 5704 County Road 301, Parachute, Colorado 81635 ("Hilda") (Doug, Double B, and J & H may be referred to collectively as the "Westerly Parties"), and Katherine A. Bevans-Backes, with a mailing address of 5708 County Road 301, Parachute, Colorado 8 i 635 ("Kathy"). Recitals Kathy is the record owner of the SE 'A NW 1A, and a strip of land described as begillning at the Southwest corner of the NE 1A NW 1A, thence East 689 feet, then North 69 feet, thence in a Westerly direction to the West line of said NE~ NW 1A at a point 64 feet North of said SQuthwest corner, thence South 64 feet to the place of beginning, all in Section 7, Township 7 South, Range 94 West of the 6th Principal Meridian, Garfield County, Colorado; also known by street and number as 5708 County Road 301, Parachute, CO 8163S ("Kathy's Homesite"), and the contiguous land described as "Parcel .l;I" on the Double B Ranch Subdivision Plat (the "Subdivision Plat"), recorded December 9, 2013, as Reception No. 844003, in the real property records of Garfield County, Colorado.. · · Dou~le Bis the record owner of the land described as ''Parcel Au on the Subdivision Plat. Double B is also the record owner of a narrow strip of land along the west and north borders of the J & H Homesite, in the NE 1A of the NE ~ of Section 12, Township 7 South, Range 85 West (the uDouble B Strip"). · · Doug is the record owner of the real property and improvements described in that certain Special Warrant Deed recorded at Reception No. 592051, Book 1303, Page 672 with the Clerk and Recorder of Garfield County~ Colorado ("Doug's Homesite"). The James K. and Hilda R. Boyles Revocable Trust is the record owner of a tract of land I .. in the NE~ of Section 12, Township 7 S01.]th, Range 95 West of the Sixth P.M., more fully desctibed in deed recorded January 8, 2010 as Reception No. 780306 of the Garfield County records ("Hilda's Homesite''). ·Hilda currently accesses Hilda's Homesite primari)y by the East- West Road, defined below. Kathy currently accesses both of her properties primarily from County Road 301 by the north/south access road described on the Subdivision Plat as (i) the "gravel driveway known as the 'Lane"'; and (ii) the "Existing Gravel Road", insofar as it is located on Parcel B (together, the "North-South Road") .. Kathy also occasionally accesses both of her properties from County Road 301 from the west by using a road that (i) crosses the Double B Strip; then, (ii) is shown on the Subdivision Plat as the. ''Access Easement", referencing the easement recorded in Book 540, ( 846445 02/20/2014 08:58:27 AM Page 2 of 6 Jean Alberico, Garfield County, Colorado Rec Fee: $36.00 Doc Fee: $0.00 eRecorded Page 770, in the Garfield County real property records; and, finally (iii) is shown on the Subdivision Plat as the "Existing Gravel Road", insofar as it is located on Doug'.s Homesite and Parcel A (collectively, the _"East-West Road,,). Double B accesses-Parcel A primarily by that portion of the East-West Road laying between County Road 301 and Parcel A. Hilda accesses Hilda's Homesite primarily by that portion of the East-West Road laying between County Road 301 and Hilda's Homesite. Doug accesses Doug's Homesite by that portion of the East-West Road laying between County Road 301 and Doug's Homesite. Kathy~ as to Doug and Double B, and the Westerly Parties, as to Kathy, have agreed to grant non-exclusive easements over th~ North-South Road and the East-West Road, respectively, for the sole purpose of ingress and egress to and from County Road 301 during times when the benefited parcel's primary access is rendered impassable by passenger or emergency vehicles because of an Act of Natu;re. An "Act of Nature" as used throughout this Ea.Sement Deed and Agreement includes, without limitation, flooding (caused by weather, ditch failure, or any other cause), flood-caused erosion, earthquake, soil settlemen~ fire, and wind-piled snowdrifts. NOW THEREFORE, in consideration of the terms, conditions, covenants and mutual promises contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as·follows: 1. Dedication of Secon<:Iary Access Easement: East-West Road. The .Westerly Parties hereby dedi~ate and grant, for the benefit · of Parcel B and Kathf s Homesite, a permanent, nonexclusive easement over the East-West Road, as now existing and in place, for the sole purpose of ingress and egress to and from County Road 301 during such times as access via the North-South Road. to Kathy's Homesite and Parcel B is impassable by passenger or emergency vehicles because of an Act of Nature~ 2. Dedication of Secondary Access Easement to Double B and Doug -North-South Road. Kathy hereby dedicates and grants, for the benefit of Doug's Homesite, Hilda's Homesite, and Parcel A, a permanent, non-exclusive easement over the No11h-South Road, as now existing and in place, for the sole purpose of·ingress and. egress to and from County Road 301 during such times as access to Doug's Horriesite, Hilda's Homesit~, or Parcel A, respectively, via the East-West Road, is impassable by passenger or emergency vehlclesbecause of an Act of Nature. 3. Road Maintenance/Improvement. The parties acknowledge and agree that the North-South Road and the East-West Road are adequate and sufficient, in their 'current condition, for the access easements granted under this Agreement. Subject 'to the discretion of each parcel's respective owner to. improve the roadway on their own property at such owner's expense, the easements granted hereunder shall remain unpa:ved and not further improved or maintained other than in their current states and as may be necessary for the .purposes expressed herein. Subject to the foregoing, and· excepting· all situations in which that party's primary access is rendered Page 2of6 ( 846445 02/20/2014 08:58:27 AM Page 3 of 6 Jean Alberico, Garfield County, Colorado Rec Fee: $36.00 Doc Fee: $0.00 eRecorded impassable by passenger or emergency vehicles by an Act of Nature, neither party may require or perform any road maintenance upon any portion of the North-South Road or the· East-West Road -traversing another partts parcel without the servient owner's consent; provided, such ·consent to keep the easements in their current condition may contain reasonable conditions as to time and place but shall not be unreasonably withheld. Any road maintenance or Improvements shall be performed at the sole cost and expense of the party causing such maintenance to be performed. The foregoing notwithstanding, when a party,s primary. access is rendered impassable by passenger or emergency vehicles because of an Act of Nature, such party must make reasonable efforts to promptly restore such party's primary access. The foregoing notwithstanding, the owner of the servient estate may, upon notice to owners of the benefitted estates,· relocate th~ path of the access easement so long as the new location does not affect its usefulness or substantially increase its len·gth. 4. Indemnification. The owner of any parcel benefitted by an easement hereunder, on behalf of itself and its guests,-lieensees, invitees, successors, and assigns, will indemnify the owner of a servient parcel, and such owner's successors and assigns, against any and all damages . to prope1ty or person arising fr9m such benefitted party's use of the easements granted herein. 5. Easements Nonexclusive. The owners of the servient parcels shall retain the nght to use the Emergency Access Roads for any purpose that does not conflict or inte1fere with the other parties' use.of the easements for the purposes and in the manner described in this Easement Deed and Agreement. · 6. Run With the Land. All provisions of the easements granted h~rein, including all benefits and burdens~ sh~l 11m with the land and shall be binding upon and inure to the benefit of tIJ.e. heirs, personal representatives, successors and ~ssigns of the parties hereto, subject to the provisions hereof. This Agreement is made subject to any . existing easements, reservations, restrictions or rights of way. The interests granted herein are made without warranties of title to the same. 7. Notices. Any notice, demand, or document which any party is requited or may desire to give, deliver or make to any other party shall be in writing and may be personally delivered or given by facsimile transmission or given by United States certified mail, reb:Jrn receipt requested, addressed as follows: · To Doug or Double B: With Copy To: To Kathy: -·-· . ·-· .... ··------- Doug Boyles 5706 CR301 Parachute, Colorado 81635 Balcomb & Green, P.C. 818 Colorado A venue PO Drawer 790 Glenwood Springs, Colorado 8160 I Kathy Bevans-Backes 5708 CR 301 Page 3of6 846445 02/20/2014 08:58:27 AM Page 4 of 6 Jean Alberico, Garfield County, Colorado Rec Fee: $36.00 Doc Fee: $0.00 eRecorded With Copy To: Parachute, Colorado 81635 Brandt Feigenbaum, P.C. 132 Midland Ave., #4 Basalt, Colorado 81621 Any notice, demand or document delivered or made by United States mail shall be deemed to have been received on the earlier of the date actually received or the third business day after the same is deposited in the United States mail as certified matter, addressed as above provided, with postage prepaid. 8. Notice of Default, Right to Cure. In the event of any default under the provisions of this· Agreement, the non-defaulting party shall, prior to the exercise of .any right or remedy, give the party alleged to be in default written notice .of such default together with right for a period of ten days after receipt of such notice to cure said default. . If a default is not cured within the time provided or any extension thereof, the non-defaulting party shall then and thereafter be free to pursue any right or r~medy allowed by this Agreement or otherwise by law. 9. Limited Reservation of Prior Claims. The easement over the East-West Road is being conveyed subject to certain deeds of trust, which deeds of trust~ if foreclosed, could supersede the easement. In lieu of obtaining partial releases or subordinations from each lender and anything to the contrary notwithstanding, the parties agree that in the event some or all of the easement along the East-West Road is affected by enforcement of the pertinent deeds of trus~ or in the event the grant of the easement over the East-West Road fails due to lack of authority of one or more of the grantors, Kathy's existing claims to actual anQ/or equitable title to or use of the East-West Road s~all not be deemed waived.and may be asserted in an action to establish access along or near the East-West Road. ·10. Remedies. Subject to the provisions of paragraph 8 above, any party shall have the right and power to bring suit in its own name for any legal or equitable relief due to iack of compliance with any provisions of this Agreement. 11. Paragraph Headings. The paragraph headings contained within this Agreement are inserted for convenience only and shall not be construed to vary or add to the meaning of the Agreement. 12. Severability. If any covenant, term; condition or provision contained in this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable in· any respect, such covenant, term, condition or provision shall be severed or modified to the extent necessary to make it enforceable, and the resulting Agreement shall remain in full force and effect. · 13. Complete Agreement. This document embodies the entire and complete agreement of the parties ori the subject matter herein. No promise or undertaking has been made by any party, and no understanding exists with respect to the subJect of this agreement, except as express~y set forth herein. Page 4of6 ( 846445 02/20/2014 08:58:27 AM Page 5 of 6 Jean Alberico, Garfield County, Colorado Rec Fee: $36.00 Doc Fee: $0.00 eRecorded 14. Amendment. This Agreement may be amended only by amendments made by all parties in written form and executed by all parties in the same manner as this Agreement. 15. Governing Law. This Agreement shall be governed by the laws of Colorado. In the event of litigation pertaining to this Agreement, the exclusive forum, venue and place of jurisdiction shall be Garfield ColUlty, Colorado. 16. Countei:parts and Signatures: This Agreement may be executed in any number of counterparts, each of which together shall be deemed to be an original, and all of which together shall be deemed to be one and the same instrument. 17. Authority to Enter Agreement. Each person executing this Agreement warrants that he or she is the duly authorized representative of the person or entity for which he or she acts and is fully and legally empowered to execute and deliver this Agreement. IN WI1NESS WHEREOF, the parties have signed this agreement as effective the day and year first written above. Double B Ranch,. LLC,. a Colorado limited liability company: ~g~~'\?ana~ ts~ b Ilda B les, Trustee Through Douglas R. Boyles, Attorney in Fact for HiJda Boyles Page 5 of6 ( 846445 02/20/2014 08:58:27 AM Page 6 of 6 Jean Alberico, Garfield County, Colorado Rec Fee: $36.00 Doc Fee: $0.00 eRecorded STATE OF COLORADO ) SS. COUNTY OF GARFIELD ) Subscribed, sworn to and acknowledged befo~e me \lo.~ le , 2013, by Douglas R. Boyles, individually, as Manager of DOUBLE B RANCH, LLC, a Colorado limited liability company, and as attorney in fact for Hilda R. Boyles, surviving joint tena1it. Witness my hand·and official seal. ? My commission expires ()\ b '(S \) :l6 ( . Notary~Pu~bl~i ..... .,.. _____ _... SALLY GElB VAGNEUR NOTARY PUBLIC STATE OF COLORADO ) ) SS. COUNTYOFGARFIELD ) STATE OF COLORADO NOTARY ID #19874208029 My CommiSSlOn Expires May 1. 2017 Subscribed, sworn to and acknowledged before me z /t 4 A. Bevans-Backes. 2DJ1 , 2tH:3; by Katherine Witness my hand and officijl seal. 4 My co~sion expires I. f5 /?.Q/ · Notary Public Page 6of6 \. ( . · .... ·~·:\: ·L-:):J:~······ <·.··· ... -. .,-:. · :a'.~C<\.4· "/ . ./.&.:f .C(~ · cioc~ .. .l.L.. 11. · · · -~E~ · !-~~1 ... HF?; .. ·· ·. :·· · ~~oept idn }t ~=. ~.::~~~'.~~~~5~2 .. .Ena. s te~bens ~ Recorder· GRANT·oF:EASEMENT ' . . . . . . . FOR· AND I.N CO~SIDERATION· of Ten .Dollars {.$10'. 00) ·and other g.ood ··and valuable" c6nsidera.tion, the undersigned Granters, Harold· :Bumguardner. and Kay Bumguardner, hereby grant and convey unto . Ronald W. Johnson and Cindy Johnson,· their successors and.assigns, forever, an·easement for access. over and. across the following desc.ribed real property.:·· Commencing at :the North.east l/16th .. corner of said Section 12; .thence:.N· 0°48 1 ·21nw, ·along. the East line of Section: 12, a distance of 44.05 f~et to the point of beginning; thence continu.ing N0°48'21" W, along the East lin·e. of·. Section· 12; .·a distance of 1, 300. 00 feet to ·. a brass caP,, ·being a witness corner for the Northeast corner of Secti'on .12 i thence N 89 ° 53 1 34 II w, along a fence line, a distance of ·1121.50. feet; thence S 33°28'17" W, ~long a fence line, a distance of 173.36 feet; thence S 33°28'17" W alon~·a fence lin~~ a distance of 173.36 feet; thence··s 26°30'07". w, along a fence line, a distance of 115.66 feet;, thence s 0°28'00" w, along a fence line, a distance of 860.35 feet; thence S 81°29''38" E, a distance of 1,308~40 feet to the point of beginning; County of. Garfield, State of Colorado Said easement shall be.over and across the existing road in place, for purposes of access from the county road ·to property owned by Ronald W. and Cindy Johnson, located south and east of the aboye described property. Said easement shall for access by vel?-icular or other type traffic, and shall include .the right of Grantees to ·extend the width of said road to the extent necessary to meet·county road standards if and: at such time as desired.by Grantees or their assigns. WITNESS our hands and seals this /·:i ·if:, day of September, 1978. S'rA·rE OF COLORADO ss· 11 qrantors 11 COUNTY OF GARFIELD ... x_:'O ~-~ 'j·~,EJ::?.scribed and sworn to before me this / p-:ti • .:.:,'-> •••• -·19~8·, ... o<~f'· .. Harold Bumguardner and Kay Bumguardner . ... .. \01,~ .hi ·. •, ~ i \ 'J 1 ,·MY. commission expires: : -<:· -0· ~, . ·.· day of September, ·:~\:" i, u_ ·~.:\/ i . Jf co\..o Notar/ Publk 1 / 0 ~-------------------------------·-··· ( ( .•;;·· ~ 5;i ._ v() OCT 3 1 1979 Reoorded at o' aloo~--· hi. _..... ______ _ Reception No. 2991.:~6 Mildred Alsdorf, Recorder BOOK 538 rAGf820 GRANT OF: -EASEMENT . . FOR AND IN CONSIDERATION of Ten Dollars ($10. 00) and ~~her good and valu~ble consideration, the undersigned Grantors, Harold Bumguardner and Kay Bumguardner, hereby .grant and convey unto Ronald W. Johnson and Cindy Johnson, ·tneir successors and assigns, forever, an easement for access over and across the following described real property: Commencing at the Northeast l/16th corner of said Section 12r thence N 0°48'21" W, along the East line of Section 12, a distance of 44.05 feet to the point of beginning: thence continuing N0°48 1 21~ W, along the East line of Section 12, a distance of 1,300.00 feet to a brass cap, being a witness corner for the Northeast corner of Section 12; thence N 89°53'34" w, along a fence line, a distance of 1121.50 feet; thence S 33°28'17tt W, along a fence line, a distance of 173.36 feet; thence S 33°28 1 17tt W along a fence line, a distance of 173.36 feet; thence S 26°30'07" W, along a fence line, a distance of 115.66 feet; thence S 0°28'00" W, along a fence line, a distance of ~60.35 feet~ thence s 81°29'38" E, a distance of 1,308.40 feet to the point of beginning7 County of Garfield, State of Colorado 1".; · .. ·. Said easement shall be over and across the existing road in place, for purposes of access from the county road to property owned by Ronald W. and Cindy Johnson, located south and east of the above described property. Said easement ::. ,_.. shall for access by vehicular or other type traffic, und shall include the right of Grantees to extend the width of said road to the extent necessary to meet county road standards if and at such time as desired by Grantees or their assigns. WITNESS our hands and seals this /l,i i! day of September, ··.,· 1978. Ha old Bumguardn~ STATE OF COLORADO t/J .;;;/ '· ~~· ) --?-' qq..-1 cjl._/ I ~-1t ~m9J-:S:.fdner / "Granters" / SS ( · 3o '(2 ~, _ "--1 'l. I~ ·-.· '.k .. nE>CHJ.o.·vc.. • "---· ...... DEC '121979 BOOK 540 r1.r;E7' 7l) · .. v-~0-t28 GRANT OF: EASEMENT FOR AND IN CONSIDERATION of Ten Dollars {$10.00} and other good and valuable consideration, the undersigned Granters, Harold Bumguardner and Kay Bumguardner, hereby grant and convey unto Ronald w. Johnson and Cindy Johnson, their successors and assigns, forever, an easement for access over and across the following described real property: A parcel of land lying in Section 12, Township 7 South, .Rahge 95 West of the 6th P.M.., more particularly described as: commencing at the Northeast l/16th corner of said Section 12; thence N 0°48'21" W, along the East line of Section 12, a distance of 44.05 feet to the point of beginning; thence continuing N0°48'21" W, along the East line of Section 12, a distance of 1,300.00 feet to a brass cap, being a witness corner for the Northeast corner of Section 12; thence N 89°53'34° W, along a fence line, a distance of 1121.50 feet; thence S 33°28 1 17 11 w, along a fence line, a distance of 173.36 feet; thence S 33°28'17" W along a fence line, a distance of 173.36 feet; thence S 26°30 1 07" W, along a fence line,. a distance of 115.66 feet; thence S 0°28'00" W, along a fence line, a distance of B60.35 feet; thence s 81°29'38" E, a distance of 1,308.40 feet to the point of beginning; County of Garfield, State of Colorado Said easement shall be over and across the existing road in place, for purposes of access from the county road to property owned by Ronald W. and Cindy Johnson, located south and east of the above described property. Said easement shall for access by vehicular or other type traffic, and shall include the right of Grantees to extend the width of said road to the extent necessary to meet county road standards if and at such time as desired by Grantees or their assigns. WITNESS our hands and seals this JC(t/. day of September, 1978. STATE 0? COLORADO SS COUNTY OF GnRPIELD ~ \..~-. :~.S.ub?JB..t:ihed and sworn to before me this /t/ !/ day of September, ,ii. ~~:rs, DY·.,~~\old Burnguardner and K.:1y Bumguardnci;r:-- ~iJ .. ~\ 0T!l1.? i.. •• ~ • ·i 1 • ~f ~rc~f1llll!ssion exp1.res: :~: .. ~~,.. ..••. , J•(..~<-.._ !-'' , ·/.~·,·· ~\PUBL\C / ~-/. · . /. "",:·~~ .. ;~C~~:\>-()~ .. ·" Notar/1 l(fi'J.i~·'-_,. :··: .,_,_ ·1-)""".· ·-·-·------- This document filed as correction document to add the Township and Range, previously omitted. ( -~ =?-?J. . ,. . ' ;.-,:_:·~~ ... ·.':.:·>~~co!: .. :~·-:,_': · ~ ·· · · · • · ·~ 1) \-,~·:· ... :JBl~ ,2;.~--!fst1 : .. ·-: .. ft~r.w:~n: ~ :::~· .. 1;~:·~~~'.~I@J.~f}§~~:. ;:;7~.-:·1<·::·:"kd. --~~1.t~(1b~~t, -.R,~iiol-cl~~: . L;EMON--BUMGUA:RDNE:R .SP,~_ING D~VELpPMENT AND .PIPELINE A~REEMENT .. THIS agreemen~ begins· -the . ...-: .. apd. will· ·continuer in• force un_til. '~he· ·parties,:, .. their· a~»sign~:··:~·-.. >.·'·or.'.··h_~·~rs, ·:mut:a~l)( agree to d~_sc:on'~ihu~ .:~t:~in writiJ?:~f ~n.~.- 'b~iO-r~f :a:. rio"tary P.u~-~i~; ·· ·· ..... The· p~rty of th.e first p~rt, WA1:'T~~ B. -;LE.MON ··· · · a:t 62'7 4 county" ··~· . . " . Grand. V~lley,. CCslor~do,:.hereln~fter-~known . --~~r\y ~ do· he;;.eby ~g-re.e to-'.=-h<? folio~i~g: as have built_ The· First· Party _c;i.nd. the .. second. Party ·Le~on-Bumguardner Spring Deve~opment P.ipeline, kno\¥ri. · a~ ~he Pip.eline·, in·. Septemb~r of 1.9 7 7. . ', ..... ·, . . . .. ' .... The Pipeline conslsts of three .. ( 3) sectio_ns: ·.;A_, ~e_ction B, and Section c_. ·The second ·A~ commences·at · .. o~·e, th_ou:;i:md -.(1,·000) £eet South of the ·Conger ·Re_servo,ix: .·· ... ou~--~~t· 'whi~h ·i~ 'i~·c~te~ ~t a . _.. . ' . ·-. · ~~c •. s~ Township 7 s.~, R. 94 East 7, 6 ~O feet. From said· s?-~~ng a two ( 2) inch 160 psi, · · · ·-.. -.·.,°-./.:;.'i:L j{c:ow~~ ie f !~!e i:u:~::h ~P~::~::::1 !n~n:o:~ i:::~ a~~r 0~:£ :;1 ~;;_; ,'.\;'.?;'.imiJ~j (so)-. f-eet ~t which point .. the S~ction A pipeline e~ter'f;. a .· · ·~<:::~_-::·~:-);:~~·:: .· ...• ~~::~~:a:~::~:t:i::::~~:g f :::\he s:::~~:n: ::::1:::s t~:r:een .·.· ;:<·~-;;ii~~ I~~1~:~~~:;~;~~:1~:~i~:~l~\;~:~~~::~;~~:~~~'.l~ji~~~~~~j~t::y :'~.:.,,t1~i ;~:;:~=;:~~:::::~~::~;~:i::~~;::~:::::;~:;:~:::::::::::t~:~.:~I1.~"ili ·hundred· (600) feet ~outheast of· the previOu~ly mention~d-.. · ·. · ~:~-~:~;~:/i~Wj(bi~~~~ · .-CO.ng:ex: ~~s~rvoir· out;:.let. ·l60 ··psi, '.-~-~-~ ... h.~lf· (._1· to ·u~)-feet . . . . . . . . . . . :: •• : 1:, ( ( .... : .:.·. ·. '. -: . : .. , .. _ > ~o~ £0rty~i~y~:f~s) f~~~ :~-';;hich.-;0-1,;-~ -~~~-~~ction -~ ~i~~ii~e_--­ .... :~nt~~s·>a· °CO:V~red··:~o~~~ete setti.i~g t~~k~;<~ .s.e'ctibn ·.s·: ~ont1nu~s··". .... . ·.··' .. :~~·r6iri·£ile"· --~~'.t~1i:ng .. ·.-_1::~n:k .... N~-~-t;~_·.it;~ ··a.hp.ti~ ··fq~·r:--~u~-~i-~~O..-se~~~.ty~:, · · . · . flv~. c°47"5) '..t"eet ·ta .the ... j:unc·Ho~ .wi'th.: s~6~_ro'.n ·A. · ~Secti6ri<B.~.;: ... ·. .. . ... > ::~t~n;,,!t"s:~;tj ~~:~;t-:a~0ut thie~ h~na,;~~ -c:iO o) ··,·fee~ ',. /-_ / -- . : . section ... c conim¢nc~~ .. ~t .. th~ .. ~~i~t~·.· of. j'~nction . of· se,cti.on:' · .. :-A .. ~na·:· Se.cti6n.·"B·~· .' :_. Se~t-i6n· :·c .. i$ -~pt1st~uqt~·~·'.·of: 'two·.-·0 (.2)' :inc;:h · .... ·.·.·:· ---------···---- -_ ··--·--··-•-;:z:~::-~:--·~~::::1~F!:;~:~::::~!:I:~:;:tE!::E:::~=~-~::_o::d ·---_-_._ .:·---·-:--·:· · f~e·-1: "·~o .. ·ti1~ p~in.i:···o:f aivi~ion.>" 'Js:e.6tloti ·_c '.ha.s twb.·"'e.2:) · .ai~. · .. · ···· :. · . .. -~~~:t·s. locat~d· a~out twp·h~ndr~~ ~twepty _(220) ·i~e~ ~~d·:.twelve .. ::·,.:~·,:.·:.:_··~~->: . ---· .--··· ·.::::J~~~;:;;:~J1:!jii~1i=i:i;~~:~~~:11?jf j;:j!:~;~~;~~:~~-i:--_•·-·•. i--·--" --- p .·M· ... b~ar~·-North· 21° 30 ~"··we:st (·10·0: ieet~. ··The ·ni.~·isi~n Ta~k>· ...... --·-··-~~~::~ c ;7 1::~:=r~:1~j~~ !:e 9~~~:~:i~~:~:=:~~~~:~~~:e~_is ------;; --- . ·· .. ·,~~dJ!lg .. poi_nt .. c)f ~ection c. · ·. ~;h~: ·w~s~_·. co1nparti:n~r:it.66ni:ains" . :-~ __ : .. · . ·.~: wate~ ·5el.:o~gimi t:~~ .. th~.:.-sec'~nd Pa~.ty.· .·.The ·.eas·~. co~partmen·t -.. :· ·~·:·::_.,·: ..... ·c6nt~in~ ~~ t.er '. bel~n"g in~g:. t~ · the ~ irs·~ · ~ a~t;. . . . . . ... · ......... · : ":'"' "·: ·: .· _ .. _ .. TH~"-ir:Cr."s·t P~r~t h~:s -p~:i.'ci ·the.· ~.~co~d ~arty' s ·share :of .. · ·: >'.-..··_:' .. ' .:_._. ..... the. i~·it±·~1 ·~onst~ubd:ort :"cost~ with .. th'~ ·agre.eine~t "that. t~e .. . .:.;··-.:.: -·• ;:~::•_--·;:y:f ~!:~o!nn:~:i!i~=~!~:J:iy d-~:~:if ~:W 1~~·---~:. ~~=~b; _ -•_-.--_.- .. -.ag~e~d.·that"th~" Fi:i;:st·.Party,·.':hi:s· assig~~ ·or'..h:e±rs,··· ~nd th~" . Se~~nd . Pa:r;.ty·, hie! a·ss.ig-~s 'o:t .heirs·, will:· divi~e the.: ~at~~ .... i~: .. . ·: '.t:h.e_· -~ip:~1i~e : .. equa.11y .£ :i.'n;· p~··rt~ .. ·-~~ -~H~y,· pc;l.rt~·: a;~ -:~ii~::Joi~t:-.'.. -.-. .~: •' ......... ~· :._:.of. divi.~ion· regardles·~: -~f-·quant':tty C!~. ~u~lity: 6f: ~ate; .. :.' ....... • . .. Bbth .Partie~ .· J:ieieby. agi;:~.~ to=° ni~int~~n· th~ P.lp~l~ne'. ..... '. ... , .... --· .. · ·. whi:CI:i. i~ci~d.es. -~ii of. Secti~·ns·'. . .A;,. B, ·and c. · · ·~he""e~tire · · ·:P.ij_:»eHne is ~onstruct~d .o~ i~~d:s· ·~elon.'g~rig'. to. the'· Se·c~Tl.cl.' . · .. . . . . .. · ·. . . . ·. . . . . . . .. . ' . ··. . .. ' ... · P~rty ~ The. SE!!corid -~.a .. rt_y ·11ere;,y c:J:i'?.eS his consent .. to ~l-low: .. :.-:.·.·::,~.< .... th~ .~ipelirie ·to be ~a-inta . .in~d with ·~h~tev~~--e~uiprnent· i§ ........ :··: .. . . . . . : . . . . ·. . . . -. . . . -. . . . . :'. ·' -. . ·~· ~ .. , nec,essary.·. All maintenance· costs . for , ~~ction·. C and: the. ~bove ... ~·a:.id · · .... · : . ._oi-v.f s:t.Pn' .. '.l'.13.~.:k::;. ·t9_g,~;i:h~~: w.~'.tl;l_·.~ny: inain~~nance. ~ork n:ecessa~y --~ : . .-;<~·: . --~~ i tr.i::: ·i~x.er~'nci~·· :tci ·:.;t}i~-.. -~·s6~i~ce::.·._e:»~· ·th~· .-~~~e~ ._ at: tl'i~ · ·6~r i~~ · ". · · · ·· · · · · ,.·· '· ·: .shaii· be sh~r~d. ~-quatiy.:.by th~ ~i~st 'Party·~ .. a~d ·th~ .sec~nci:.:·.: '.~ ... · )~_rty·~ · \heir a:~s:ign:s'. or· ·he~r~·. : . A;~· :~ntfcit>ated rn~inJ:~~?l~~~~·­ :op $ai.a $;ep'tion ·c ·arid· Qivis:Lon Tan~ -..sha·11 ·fi-r~:t pe ·ag-~e~d ... '.·.· .. .-::~J~P-~=-:°:!.?.X:.· .t~~ .. , ~-~r~~-~~ :-a~:te~-~-ya~· ·~s·~·~.~·~-~~>>f· t.~e c6_-~t ·:o"f ... ~·~·~· :· .:-..::··~· .. . .. :.· · .. . . . ) .• :· ··:-•• t : '··· ( ( " ... upon th~ .First Pa·rty. and. the Second Party I their . assigns or»'<"..: ...... ..:·:~~--<~ ,.· ·•····.·.·· :i.i:!f ~:i;e;;i :::~;e:~;:~t;:~:!::a~:ef ::e~:f ;:~::~~;u~~~~·· .. :/· .. ;''}7;~I~ . the S~cond_. Party, their ':l.ssigns OJ; h~ir~ ... · ·:· ....... ·., ... ·.:':(..}\: . Pi pel~n:~P t:: :::n~~=~n ~:~t=~=:~~::a s:;~;=~~=:e~:=:;n !n~····tlle/.~'.'i:,t}xf -f: ··5e·~c:m·d Pa~ty .private:··pip~lines co~e~·cing at. the ·poi~·t·:~f·;.,-._ ....... '.·:--;-·>:;-\\: diYision is includ.ed with thi~ ag,;~erri~nt, . . . , .· · .. <;)::.~%?~~;;If READ .·AND APPR.QVED ,,, j)t: Jg i; iJ _, · .... ·~f'0K ,~,1o \ .. a ter . Lemon · ... !,'' . • • .. .. ' . ·:. · .. · .. .. .~ ( ( . :\ ... ~ ..... ·. . .. · ... •; . .·· .. · ... . .. : · .. · .,. ::1..... 1...":· .... : .: ..... ·.... ........ , ...... -· = ~· ... ,,ru1 A fidomrrt OF 'GARUELn J • · -• ·. : . · -· .. ·. ,. • -. '. : _. :.: •• ~. ';~:: { ·~ >.>.: :: :-':.":' :'.: •--· :{~ F p 4 8\c:, )l"f he~ f '1.i'e~oihg: ·Le~on~B;;~u.iidrt~r Sp~i.,;~ · 'oey~l6~~~~~ ~~d /' ·:);,: ~: ~CV""''.·•.,: U B \;P ±~\il:rie Agr.eement· Was subs.c~a <ind• sWOi:n to Re fore · nie.: .. : · <<< .. • ... .... :.~]Jf;:t:::~:-~~l~rt:f1{;;:::::~:~~s!:f!Jf:~!.~7.J/··L~~~n· ... ·.··-·•-·.··:;7_{:.'./:~f ~:: i~~tl:;·~~~:~~E,:9: c~~o~~ci .••..•.. :··· ·ris ~·ita~11i?4L. 7n#i£!i-/··· .• /~-i~\:~ . -:!i<i:.>:,,•::: ·,·.C('l.!J!"TY . QF_ (;J\.RFIE~!> .. ·. : ) .··. .. . . . , . · : . ::. ":_.ti" , }~{J?,~0:'.:~~,-~;p~ii~!' f;;:::~:!.· ~:~;~~J;::n::a s:r~:! ~:)T:~~=:~~!ta~-·.:_3·.:·'.~··. ,J~ ':..1(·1 .~·. :-:.:. 1 ' ·tli:Ls· . I<:/ .. -:.-· day ··of :~-~-:·l 9 7 a· by Harold. Bumguardner a'nd' -..... · .·. ·. :· . : •::·;-:; ::: •. ·"··•"\(,01111•111 ... .,,;,; . . . : .. . . ;,.'·/g:i!).1.fJ_, ~ l?ut . "'1&~. '-.:; ··~--... :: ·: -··· . . ·: . · ··. · · .... ··t''''·'~1 R A-E. 1(1 ""'" -· Notary &"'#hl.J:c · ·· · .. ·. · -· ·;:~·u·.~ ,: .. : .. •.c"-..... ·.-... , ... / { ( . _;.: _ .:. ... :. ___ : ... :. _1::·· .. J • • :,:. ! ... .. . · .. .. _ .. =-·~ •. · -".BOOK 542. PAGE7i8 -: . . . Go lmagery@2018 DigltalGlobe, USDA Farm Service Agency, Map data@2018 Google Uf<..1UEW!7<-j CIJSm~T -Ff(om CR,::0( 5 \ te \) LOJ'I .2. -3 fo qRADe n lJ) ( Front Desk From: Sent: To: Subject: Suzi Brown <suzi@raw-refined.com> Wednesday, February 14, 2018 2:51 PM Front Desk Re: Fire Protection, 5796 & 5720 County Road 301 On Tue, Feb 13, 2018 at 6:49 AM, Cheryl Chandler <cheryl@cherylchandler.com> wrote: Sent from the hardest working iPhone in real estate Cheryl Chandler Cheryl&Co Real Estate 970.379.5820 Begin forwarded message: From: "David Blair" <firechief@gvfpd.org> Date: February 13, 2018 at 6:34:54 AM MST To: <cheryl@chervlchandler.com>, <dougboyles@yahoo.com> Cc: "Ferguson, Rob" <opschief@gvfpd.org> Subject: Fire Protection, 5796 & 5720 County Road 301 This email is to verify that the Grand Valley Fire Protection District is responsible for responding to 5796 County Road 301, Parachute, CO and 5720 County Road 301, Parachute, CO. David A. Blair Fire Chief, GVFPD 0124 Stone Quarry Road Parachute, CO 81635 W: 970-285-9119 C: 970-250-9851 email: firechief@gvfpd.org 1 &Garfield County T6S R96W TBS R96W Garfield County Land Explorer Printed by Web User Garfield County Land Explorer Garfield County, Colorado T6S R95W T7S R95W TBS R95W 1 inch = 12,03 7 feet 1 inch= 2.28 miles 1.5 T6S R94W T7S R94W TBS R94W 6 Miles .......... c=========i Garfield County Garfield County Colorado www.garfield-county.com Disclaimer ·•· • Colorado This Is 1 compilatlon of records as they appaar In ttie Garfield County Offices affectingthll!: area sh awn. This drawin1 is tD be 1ned only for reference purpose~ and the County is net responsible for any Inaccuracies he11!ln contained. © Copyright Garfield County, Colorado I All Rights Reserved Printed : 3/19/2018at12:34:29 PM Final Plat __ 2 1 240102100951 I . _ __J 1 ROSE RANCH MINOR SUBDIVISION \ . \ \ Parcels of Land Situate in the NEl/4 of Section 12, Township 7 South, Range 95 West of the 6thP.M., 240701300143 \' 12 __ _ County oadl"j. 301 i r---"ti..,..,~~w SITE 240511153Ciiloiid 7 ..._-L __ .,;.8 124051171-70 PROPERTY DESCRIPTION -BOYLES MINOR SUBDNISION County of Garfield, State of Colorado TEP Rocky Mountain LLC c/ o Merit Advisors LP P0Box330 Gainesville, TX 76241 Parachute, CO Reception No. 677338 OE-County Road No. 301 Reference Monument to Northeast Comer Section 12 Found 3-1/4" USGLO Brass Cap on 3" Pipe 1 'Above Ground Stamped Sl S6 S12 87 RM 1911 Northeast Comer Section 12 Found 3-1/4" Aluminum Cap 6" Below Paved Road / A PARCEL OF LAND SITUATE IN THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 7 SOUTH, RANGE 95 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO. ALL BEARINGS RELATIVE TO A BEARING OF S00°39'46"W ALONG THE EAST LINE OF SAID NORTHEAST 1 I 4 OF SECTION 12 BETWEEN A 3-1/ 2" USGW BRASS CAP REFERENCE MONUMENT TO THE NORTHEAST CORNER OF SECTION 12 AND THE NORTH 1/ 16 CORNER BETWEEN SAID SECTION 12 AND SECTION 7, TOWNSHIP 7 SOUTH, RANGE 94 WEST, A 3-1/4" BRASS CAP STAMPED LS# 9009. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: StampedS12S7BLM1982 NOl 0 0l'OS"E 31.29' ~ -----t~--''----:::;:~~~~;::.:::.::~.::...._i~-::z _____ _ Field N 88"26'16" W \ Reference Monument to R Northeast Comer Section 12 ecord N 89"53'34" W 1121.50' Found 3-1/2"" USGLOBrass Cap --~. '-"%, on 3" Pipe 1 'Above Ground '"' ,,_~-''-#5Rebarand 1-1/2" ("~<.!' StampedSl S6Sl2S7RM19ll '~.,, 1 13 I 240714100953 PLAT NOTES Vicinity Map Scale: l "=2000' A. NOXIOUS WEEDS. CONTROL OF NOXIOUS WEEDS IS THE RESPONSIBILITY OF THE PROPERTY OWNER. B. OPEN HEARTH SOLID-FUEL FIREPLACES. 17 2405111-...C BEGINNING AT SAID USGLO REFERENCE MONUMENT TO THE NORTHEAST CORNER OF SAID SECTION 12; THENCE ALONG THE EAST LINE OF SAID NORTHEAST 1/4 OF SECTION 12 S00°39'46"W 1343.98 FEET; TO SAID NORTH 1/ 16 CORNER BETWEEN SAID SECTION 12 AND SAID SECTION 7; THENCE CONTINWNG ALONG SAID EAST UNE S00°38'52"W 1375.83 FEET TO THE EAST 1 I 4 CORNER OF SAID SECTION 12 (WHENCE A 2"' USG LO BRASS CAP WITNESS CORNER BEARS S00"38'52"W 119.46 FEET); THENCE ALONG 11-IE SOUTH UNE OF SAID NORTHEAST 1/ 4 N87°58'42"W 1323.25 FEET TO THE EAST CENTER 1/ 16 CORNER OF SAID SECTION 12; THENCE ALONG THE VVEST LINE OF SAID NORTHEAST 1/4 N00°37'22"E 1363.88 FEET TO THE NORTHEAST 1116 CORNER OF SAID SECTION 12; THENCE N00°41 'l O"E 188.39 FEET; THENCE N34°47'41 "E 57.52 FEET; THENCE NOl 0 56'07"E 860.35 FEET; THENCE N27°58'12"E 115.66 FEET; THENCE N34°56'22"E 173.36 FEET; THENCE S88°26'16"E 1121.50 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 80.924 ACRES MORE OR LESS. NO OPEN HEARTH SOLID-FUEL FIREPLACES WILL BE ALLOW"ED ANYWHERE WITlllN THE SUBDWISION. ONE NEW SOLID-FUEL BURNING STOVE AS DEFINED BY C.R.S. 25-7-401, ET.SEQ., AND THE REGULATIONS PROMULGATED THEREUNDER, WILL BE ALLOWED IN ANY DWELLING UNIT. ALL DWELLING UNITS WILL BE ALLOWED AN UNRESTRICTED NUMBER OF NATIIRAL GAS BURNING STOVES AND APPLIANCES. C. EXTERIOR LIGHTING. ALL EXTERIOR LIGHTING SHALL BE THE MINIMUM AMOUNT NECESSARY AND THAT ALL EXTERIOR LIGHTING SHALL BE DIRECTED INWARD AND DOWNWARD, TOWARDS THE INTERIOR OF 1HE SUBDIVISION, IDCCEPT THAT PROVISIONS MAY BE MADE TO ALLOW FOR SAFETY UGHTING THAT GOES BEYOND THE PROPERTY BOUNDARIES. g Power Pole & --------r Overhead Utility Lines (Typical) 0 T Aluminum Cap Stamping fllegible r 20.0' Holy Cross Electric Right-of-Way Easement Book 1257, Page 251 c, ,.,~ ...... ; . ~ -~ ~1 g _,,,,,. ;::!3f / 7 -........ ~ :--..... Reception No. 774378 IJ)~/ ~::? 5720 County Road 301 a<:,.,..-:---... 26.064± Acres '' Grant of Easement -......: 9f.- Book 515, Page 652 ~~ _ Book 538, Page 820 -........ ~ Book 540, Page 770 Right-of-Way for Access & Utilities Reception No. 577197 I 60.0' \ " V:i '-.:.: 0-. ~Holmes Ditch "-... "-... ~ -.......~~'\ " ('j ......,:: 0-, ' ("J -.....::: 0-, ' -...:.:: 0-, "-... Existing Gravel ' \ I L4 D. RIGHT TO FARM COLORADO ISA "'RIGHT-TO-FARM" STATE PURSUANT TO C.R.S. 35-3-11, ET. SEQ. LANDOWNERS, RESIDENTS AND VISITORS MUST BE PREPARED TO ACCEPT THE ACTIVITIES, SIGHTS, SOUNDS AND SMELLS OF GARFIELD COUNTY'S AGRICULTURAL OPERATIONS AS A NORMAL AND NECESSARY ASPECT OF LIVING IN A COUNTY WITil A STRONG RURAL CHARACTER AND A HF.ALTHY RANCHING SECTOR. THOSE WITH AN URBAN SENSITIVITY MAY PERCEIVE SUCH ACTWITIES, SIGHTS, SOUND, AND SMELLS ONLY AS INCONVENIENCE, EYESORE, NOISE AND ODOR. HOWEVER, STATE LAW AND COUNTY POUCY PROVIDE THAT RANCHING, FARMING AND OTHER AGRICULTURAL ACTIVITIES AND OPERATIONS WITHIN GARFIELD COUNIT SHALL NOT BE CONSIDERED 1D BE NUISANCES SO LONG AS OPERATED IN CONFORMANCE WITH THE LAW AND IN A NON-NEGLIGENT MANNER. THEREFORE, ALL MUST BE PREPARED TO ENCOUNTER NOISES, ODOR, LIGHTS, MUD, DUST, SMOKE, CHEMICALS, MACHINERY ON PUBLIC ROADS, LIVESTOCK ON PUBLIC ROADS, STORAGE AND DISPOSAL OF MANURE, AND THE APPLICATION BY SPRAYING OR OTHERWISE OF CHEMICAL FERTILIZERS, SOIL AMENDMENT, HERBICIDE, AND PESTICIDES, ANY ONE OR MORE OF WHICH MAY NATURALLY OCCUR AS PART OF LEGAL AND NON-NEGUGENT AGRICULTURAL OPERATIONS. ~,. -.............._ ':::,...._. ~ Road :--... ........__ -f '\. ' ""'..: ::---... _, -........._, ' Fence-_ _,, (Typical) 'v '~;;..... --~ ~ x \ '-.{f~-....::._ ~ Found#SRcbarand 1-1/4" \ I"~.......... "-~ Yellow Plastic Cap ,..--...... I ........._~~ "-...~. ~~ t'i StampedLS#31143 I Pond ) '.::.s.' ~ ~' ....., Flush 1 ".....:::' ""'~~~ ..... -'\: \ \. ',,""' >< -------)( -------------\:\\ Holmes Ditch----"~\\ Northeast 1I16 Comer Section 12 , Found 3-1/4" BLM Aluminum Cap \~\/ \\- on 2· 1/ 2" Pipe .60' Below Ground _)' \ Stamped NE 1/ 16 S12 1982 20.0' Holy Cross Energy \ ~ \ \ Right of-Way Easement \ \ ......._ 400 600 Book 1295, Page 817 ........._ ........._ ~~~------Book 1295, Page 819 -...:.:_' ::---... ........._ ........_-....... ... .......... "~ , .......... E. MAINTENANCE OF FENCES, RURAL UVING, ETC. 0 200 SCALE: 1 "~200' " " ,, 9.9' -------- North 1I16 Comer Between Found 3-1/4" Brass Cap on 3" Pipe 8" Above Ground Stamped Nl/ 16 S12 S7 LS #9009 1978 ALL OWNERS OF LAND, WHETHER RANCH OR RESIDENCE, HAVE OBLIGATIONS UNDER STATE LAW AND COUNTY REGULATIONS WITH REGARD TO THE MAINTENANCE OF FENCES AND IRRIGATION DITCHES, CONTROLLING WEEDS, KEEPING UVESTOCK AND PETS UNDER CONTROL, USING PROPERTY IN ACCORDANCE WITH ZONING, AND OTHER ASPECTS OF USING AND MAINTAINING PROPERTY. RESIDENTS AND LANDOWNERS ARE ENCOURAGED TO LEARN ABOUT THESE RIGHTS AND RESPONSIBILITIES AND ACT AS GOOD NEIGHBORS AND ClTIZENS OF THE COUNTY. A GOOD INTRODUCTORY SOURCE FOR SUCH lNFORMATION IS "A GUIDE TO RURAL LlVlNG & SMALL SCALE AGRICULTURE" PUT OUT BY THE COLORADO STATE UNWERSITY EXTENSION OFFICE IN GARFIELD COUNTY. F. MINERAL RIGHTS. . ~, ,, " \ 16.0' Quit Claim Deed~\ ---2.6' Reception No. 867358 \ \ Field Measured Bearing and Distance LINE BEARING DISTANCE THE MINERAL RIGHTS ASSOCIATED WI1H THIS PROPERTY MAY NOT BE TRANSFERRED WITH THE SURFACE ESTATE THEREFORE ALLOWING THE POTEN11AL FOR NATURAL RESOURCE EXTRACTION ON THE PROPERTY BY THE MINERAL ESTATE OWNER/SJ OR LESSEE{S). G. DOMESTIC DOGS. DOGS KEPT ON THE PROPERTY SHALL BE IN A FENCED YARD OR ON A LEASH TO PREVENT HARASSMENT OF WILDLIFE. H. IRRIGATION DITCHES DITCH OWNER(S) RIGHTS: COLORADO STATE STATUTES 37-86-102 PROVIDES THAT ANY PERSON OWNING A WATER RIGHT OR CONDITIONAL WATER RIGHT SHALL BE ENTITLED TO A RIGHT-OF-WAY 11iROUGH THE LANDS WHICH LIE BETWEEN THE POINT OF DWERSION AND POINT OF USE OR PROPOSED USE FOR THE PURPOSE OF TRANSPORTING WATER FOR BENEFICIAL USE IN ACCORDANCE WITH SAID WATER RIGHT OR CONDITIONAL WATER RIGHT. ANY IMPACT, CHANGE OR CROSSING OF A DITCH SHALL REQUIRE APPROVAL FROM THE DlTCH OWNER SURVEYOR NOTES 1.) DATE OF SURVEY WAS NOVEMBER 4, 2016. 2.) BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF S00°39'46"W ALONG THE EAST LINE OF SAID NORTHEAST 1/4 OF SECTION 12 BETWEEN A 3-1/2" USGLO BRASS CAP REFERENCE MONUMENT TO THE NORTHEAST CORNER OF SECTION 12 AND THE NORTH 1/ 16 CORNER BETWEEN SAID SECTION 12 AND SECTION 7, TOWNSHIP 7 SOUTH, RANGE 94 WEST, A 3-1/4" BRASS CAP STAMPED LS #9009 AS SHOWN HEREON. 3.) THIS SURVEY, RIGHTS-OF-WAY AND EASEMENTS ARE BASED ON: A. SPECIAL WARRANTY DEED RECORDED NOVEMBER 16, 2001 AS RECEPTION NO. 592051. B. WARRANTY DEED RECORDED AUGUST 31, 2009 AS RECEPTION NO. 774378. C. TITLE COMPANY OF THE ROCKIES COMMITMENT NUMBER 1201217-C2 DATED JANUARY 30, 2018 FOR RECEPTION NO. 774378. D. TITLE COMPANY OF THE ROCKIES COMMITMENT NUMBER 0601315-C DATED MARCH 22, 2018 FOR RECEPTION NO. 592051. E. MONUMENTS FOUND IN PLACE AS SHOWN HEREON. 4.) THE PURPOSE OF THIS MINOR SUBDIVISION PLAT IS TO ADJUST THE PROPERTY LINE BETWEEN THE PARCELS DESCRIBED IN RECEPTION NUMBERS 774378 AND 592051. 5.) THE LINEAL UNIT USED IN THE PREPARATION OF TlllS PLAT IS THE U.S. SURVEY FOOT AS DEFINED BY THE UNITED STATES DEPARTMENT OF COMMERCE, NATIONAL INSTITIJTE OF STANDARDS AND TECHNOLOGY. 6.) ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN TlllS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. SURVEYOR'S CERTIFICATE Ll N 34°47'41 "E 57.52' L2 s 27°58'12" w 115.66' L3 s 34°56'22" w 173.36' L4 S81°31'16"W 296.61' LS N 36°38'12" W 103.60' L6 N 45°14'04" W 35.07' L7 N 58°18'15" W 187.75' LB s 46°52'19·· w 253.65' L9 S 60°22'52" E 63.91' LlO N 54"26'35" W 258.05' Lll s 89°54'48" w 77.64' L12 N 00"41'10" E 188.39' Record Bearing and Distance LINE BEARING DISTANC Ll N 33"19'36" E 57.52' L2 s 26°30'07" w 115.66' L3 s 33°28'17" w 173.36' CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE Cl 365.00' 227.06' 223.42' N 72~15'54" W 35°38'36" LEGEND Set 18" # 5 Rebar and 1-1/ 4" Orange Plastic Cap 0 Stamped LS #36572 Fhtsh with Ground MINERAL OWNERS DANIEL T. LONG, BOOK 352 AT PAGE 527 JOSH B. LYONS AND JANA J. LYONS, RECEPTION NO. 774378 KEITH L. BROWN, BOOK 561, PAGE 137 BROWN RIFLE RANCH CO., BOOK 567, PAGE 982 & BOOK 690, PAGE 135 KEITH L. BROWN AND CAROLL. BROWN, BOOK 690, PAGE 139 BELINDA S. BROWN IRREVOCABLE TRUST, RECEPTION NO. 853819 COUNTY COMMISSIONERS' CERTIFICATE Lot 2 Reception No. 592051 5706 County Road 301 54.860± Acres ',, \ ~::~:;:::;:;:;:~;-~~..,.,.."J?;;;;;;!Frie~1~d&N~s~7~0~ss~~~2:·~iv~;-;;-;;-_,,~~~.,,...~:.....~~~~ East Cent~ 1/ 16 Comer Section 12 Record N 89"25'39" W 1323.25' Found #5 Rebar and Found 3-1/4" BLM Aluminum Cap 1-1/4" Yellow Plastic Cap .5' Above Ground S 00°38'52" W Stamped LS #31143 ~"'tampedEC1/16S121982 119.46' l "0yiJ.. ~ East 1 I 4 Comer Section 12 2" USGLO Brass Cap Stamped S12 S7WC1914 TITLE CERTIFICATE ---- I MICHAEL J. LANGHORNE, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS PLAT JS A TRUE, CORRECT AND COMPLETE FINAL PLAT OF ROSE RANCH MINOR SUBDIVISION, AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT ACCURATELY REPRESENTS A SURVEY, PERFORMED BY ME OR UNDER MY SUPERVISION, IS BASED ON MY KNOWLEDGE, INFORMATION AND BELIEF, AND THAT IT CONFORMS WITII THE CURRENT "STANDARDS FOR LAND SURVEYS" OF THE COLORADO AES BOARD OF REGISTRATION, AS WELL AS WITH RELATED SURVEY REQUIREMENTS OF CURRENT VERSIONS OF THE COLORADO REVISED STATUTES AND THE COUNTY OF GARFIELD, COLORADO REGULATIONS, THIS CERTIFICATE IS NOT INTENDED TO BE AN EXPRESS OR IMPLIED WARRANTY OR GUARANTEE OF ANY MATTERS EXCEPT THOSE STATED IN THE PRECEDING SENTENCE AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF THE ROSE RANCH MINOR SUBDIVJSION AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WITH APPUCABLE REGULA:OttVERNING THE SUBDIVISION OF LAND. BASED UPON THE REVIEW AND RECOMMENDATION OF GARFIELD COUNTY DIRECTOR OF COMMUNITY DEVELOPMENT, THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, HEREBY APPROVES THIS SUBDIVISION PLAT THIS I, , AN AGENT AUTHORIZED BY A TITLE INSURANCE COMPANY, DO IN WITNESS WHEREOF I HAVE SET MY HAND AND SEAL ~ ~"' THlS DAYOF ,A.D2018. ~~\Y MJCHAELJ. LANGHORNE, L.S. #36572 .. y DAY OF , A.D., 2018, FOR FILING WITH THE CLERK AND RECORDER OF GARFIELD COUNTY AND FOR CONVEYANCE TO THE COUNTY OF THE PUBLIC DEDICATIONS SHOWN HEREON, SUBJECT TO THE PROVISIONS THAT APPROVAL IN NO WAY OBLIGATES GARFIELD COUNTY FOR THE FINANCING OR CONSTRUCTION OF IMPROVEMENTS ON LANDS, PUBLIC ROADS, HIGHWAYS OR EASEMENTS DEDICATED TO THE PUBLIC, EXCEPT AS SPECIFICALLY AGREED TO BY THE BOARD OF COUNTY COMMISSIONERS BY SUBSEQUENT RESOLUTION. THIS APPROVAL SHALL IN NO WAY OBLIGATE GARFIELD COUNTY FOR TifE CONSTRUCTION, REPAIR OR MAINTENANCE OF PUBLIC ROADS, HIGHWAYS OR ANY OTHER PUBLIC DEDICATIONS SHOWN HEREON. CHAIRMAN, BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO WlTNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD. AITEST: ______________ _ COUNTY CLERK HEREBY CERTIFY THAT I HA VE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS PLAT AND THAT TITLE TO SUCH LANDS IS VESTED IN---------------------- FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES (INCLUDING MORTGAGES, DEEDS OF TRUST, JUDGMENTS, EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT), EXCEPT AS FOLLOWS: DATED THIS ____ DAYOF ___________ , A.D. 2018. TITLE COMPANY OF THE ROCKIES AGENT CERTIFICATE OF DEDICATION AND OWNERSHIP THE UNDERSIGNED, JAMES K. AND HILDA R. BOYLES REVOCABLE TRUST, BEING SOLE OWNER(S) IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN GARFIELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: WARRANTY DEED RECORDED AUGUST 31, 2009 AS RECEPTION NO. 774378 JN THE GARFIELD COUNTY, COLORADO CLERK AND RECORDER'S OFFICE: TOWNSHIP 7 SOUTH, RANGE 95 WEST, 6TH P.M. SECTION 12: A PARCEL OF LAND IN THE NEl / 4 MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTIIEAST I/ l 6TH CORNER OF SAID SECTION 12; THENCE NORTH 00°48'21" WEST ALONG THE EAST LINE OF SECTION 12 A DISTANCE OF 44. 05 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 °48'2 l " WEST ALONG THE EAST LINE OF SECTION 12 A DISTANCE OF 1,300.00 FEET TO A BRASS CAP, BEING WITNESS CORNER FOR THE NORTHEAST CORNER OF SECTION 12; THENCE NORTH 89°53'34" WEST ALONG A FENCE LINE, A DISTANCE OF 1121.50 FEET; THENCE SOUTH 33°28'17" WEST ALONG A FENCE LINE, A DISTANCE OF 173.36 FEET; THENCE SOUTH 26"30'07" WEST ALONG A FENCE LINE, A DISTANCE OF 115.66 FEET; THENCE SOUTH 00°28'00" WEST ALONG A FENCE LINE, A DISTANCE OF 860.35 FEET; THENCE SOUTH 81°29'38" EAST A DISTANCE OF 1,308.40 FEET TO THE POINT OF BEGINNING. EXCEPTING THE WEST THIR1Y FEET OF THE NE1/4NE1/4 AS CONVEYED TO THE BOARD OF COUNTY COMMISSIONERS BY DOCUMENT RECORDED NOVEMBER 12, 1894 IN BOOK 20 AT PAGE 395 AS RECEPTION NO. 17843 RESERVING TO GRANTOR 50% OF GRANTOR'S INTERESTS IN THE OIL, GAS AND OTHER MINERALS IN AND UNDER, AND THAT MAY BE PRODUCED FROM, THE ABOVE DESCRIBED PROPER1Y. ANY MINERAL ROYALTIES ACCRWNG UNDER ANY LEASES COVERING THE ABOVE DESCRIBED LAND PRIOR TO CLOSING ARE EXCLUDED FROM THE TRANSACTION AND RETAINED BY GRANTOR. TOGETHER WITH, BUT WITHOUT WARRANTY, ANY AND ALL WATER AND WATER RIGHTS APPURTENANT TO SUBJECT PROPERTY INCLUDING, BUT NOT LIMITED, TO ALL RIGHTS ASSOCIATED WITH WELL PERMIT NUMBER 232530 AND THE UNDERSIGNED, DOUGLAS R. BOYLES, BEING THE SOLE OWNER(S) IN FEE SIMPLE OF ALL THAT REAL PROPER1Y SITI!ATED IN GARFIELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: SPECIAL WARRANTY DEED RECORDED NOVEMBER 16, 2001 AS RECEPTION NO. 59205I IN THE GARFIELD COUNTY, COLORADO CLERK AND RECORDER'S OFFICE: A PARCEL OF LAND BEING THE SEl/4 NEl/4 ANDA PORTION OF THE NEl/4 NEl/4 SITUATE IN SEC110N 12, 1VWNSHJP 7 SOUTH, RANGE 95 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/16 CORNER OF SEC110N 12 BEING A BRASS CAP LS NO. 9009 IN PLACE THE TRUE POINT OF BEGINNING; THENCE S 00°48'39" E ALONG THE EASTERLY LINE OF THE SEl/4 NEl/4 1375.96 FEET TO THE EAST 1/4 CORNER OF SECTION 12 (WHENCE A GLD BRASS CAP WITNESS CORNER BEARS S 00°48'39" E 119.46 FEET); THENCE DEPARTING SAID EASTERLY LINEN 89~25'39" W ALONG THE SOUTHERLY LINE OF SAID SEl/4 NEl/4 1323.25 FEET TO THE SOUTHWEST CORNER OF SAID SEl/ 4 NEl/ 4; THENCE DEPARTING SAID SOUTHERLY LINEN 00°49'41" W ALONG THE NORTH-SO!JTH CENTERLINE OF THE NEii 4 SECTION 12, 1552.06 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 301; THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY LINEN 33"19'36" E 57.52 FEET TO A POINT ON THE SOUTHERLY LINE OF A PARCEL OF LAND DESCRIBED IN SPECIAL WARRANTY DEED RECORDED WITH THE GARFIELD COUNTY CLERK AND RECORDER AT BOOK 1236, PAGE 312, SAID POINT BEING A REBAR AND CAP LS NO. 9009 IN PLACE; THENCE S 81 "29'38" E AWNG SAID SPECIAL WARRANTY DEED LINE 1308.34 FEET TOA POINTON THE EASTERLY LINE OF SAID NEl/4 NEl/4 BEING A REBAR AND CAP LS NO. 9009 IN PLACE; THENCE S 00°46'45ff E ALONG SAID EASTERLY LINE 43.83 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 80. 924 ACRES, MORE OR LESS, HAVE CAUSED THE DESCRIBED REAL PROPER1Y TO BE SURVEYED, LAID OUT, PLAITED AND SUBDIVIDED INTO LOTS AND BLOCKS AS SHOWN ON THIS PLAT UNDER THE NAME AND STYLE OF ROSE RANCH MINOR SUBDIVISION, A SUBDIVISION IN THE COUN1Y OF GARFIELD. THE OWNERS DO HEREBY DEDICATE AND SET APART ALL OF THE STREETS AND ROADS AS SHOWN ON THE ACCOMPANYING PLAT TO 11lE USE OF THE PUBLIC FOREVER, AND HEREBY DEDICATE(S) TO THE PUBLIC UTIUTIES THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED AS UTILITY EASEMENTS ON THE ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF UTILI11ES, IRRIGA110N AND DRAINAGE FACILITIES INCLUDING, BU'[ NOT LIMITED TO, ELECTRIC LINES, GAS LINES AND TELEPHONE LINES, TOGETHER WITH Tl1E RIGHT TO TRIM INTERFERING TREES AND BRUSH, WITH PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH LINES. SUCH EASEMENT AND RIGHTS SHALL BE UTILIZED IN A REASONABLE AND PRUDENT MANNER. ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTY OF GARFIELD. EXECUTED THIS DAYOF _____ ~A.D., 2018. JAMES K. AND HILDA R. REVOCABLE TRUST PO BOX 1247 CARBONDALE, CO 81623 DOUGLAS R. BOYLES 5706 COUNTY ROAD 301 PARACHUTE, C081635 STATE OF COLORADO COUNTY OF GARFIELD I :SS I BY.· _________ _ PRINTED NAME TI!E FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS DAY OF ___ , A.D., 2018 BY AS ____ . _________ OF THE JAMES K. AND HILDA R. BOYLES REVOCABLE TRUST. MY COMMISSION EXPIRES:-------- WITNESS MY HAND AND OFFICIAL SEAL. NOTARY PUBLIC THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS _______ , A.D., 2018 BY DOUGLAS R. BOYLES. DAY OF MY COMMISSION EXPIRES: WITNESS MY HAND AND OF~F~1C~1A~L-S~EA~L--- NOTARY PUBLIC CERTIFICATE OF TAXES PAID I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND ASSESSMENTS DUE AND PAYABLE AS OF , UPON ALL PARCELS OF REAL ESTATE DESCRIBED ON THIS PLAT ARE PAID IN FULL. DATED THIS DAYOF _______ ,A.D., 2018 TREASURER OF GARFIELD COUN1Y COUNTY SURVEYOR'S CERTIFICATE APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS OR DRAFTING, PURSUANT TO C.R.S. § 38-51-101AND102, ET SEQ. DATED THIS ___ DAY OF _________ , A.D., 2018. GARFIELD COUN1Y SURVEYOR CLERK AND RECORDER'S CERTIFICATE THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO, AT O'CLOCK __ , ON THIS ___ ·-.-~ DAY OF A.D., 2018, AND IS DULY RECORDED AS RECEPTION NO. --· ____ _ AITEST: ------------ CLERK AND RECORDER BY:------------- z 0 i= Q_ °' u VJ w 0 z 0 Ui > w °' z 0 (/) > 0 ca ::> (/) 0:: 0 z ~ I (.) z ~ w (/) 0 0:: FILE: LLA OFT. TL CK. MJL DATE: 2/26/18 PROJECT NO. 12035-01 SHEET OF \ \ I PrapoMd Ute (From U.. Teble l-4Gl)1 \ -"'-lo+ ltt~-t~~ ~ 5 7 zo Ci R .'!a/ < :~ ==/ = =~ \ ' -~ -. ···~·-"'-.. ·- l.andU•TYPe loft.ob lofUnltl ~~--· -..... ...._ ...... Slrwfe FMtlfy . Muld-hmlly Commerct.I tncfustlW OpenSD.-. Other ----~-·· ·-·------· ·---.. ----Total ( I REQUEST FOl.t WAIVER$ l Submission Requirements 0 The Applk:ant requestlna a~ Wer of SUbmission Requirements per Sect.'ton Ji.02. ~\st : Section: :' -Z..03 l))~ 'U:p.p~ctlon: t/-20 3 5.,-plo.":t Section: {:j_·?a~A~M.J~h!s.. Sect.Ion: __________ _ I \ ' \ Waiver of St11nd.,ds t:I The Applfcant is requesting a Waiver of Standards per Section 4--118. list: Section: 1 -(/ 0 :!> Section:_]~---' ..;;.O....;:~;_..------ Sectfon: 1-(0 </ . Section: _J....._+", a ..... 1.J-------- required attached lnformatlon wh\th \I OfffCW. U.SE ONLY Fife Nu.mber: ____ -_ ,... __ Fe P1kl:$ ________ _ ---------- Waiver Request to Section 4-202 Division of Land Application Form dated 2/15/2018 Rose Ranch Lot Line Adjustment We ask for a waiver for the requirement for a site plan with topographical information in Section 4-202. Our waiver request is consistent with the review criteria contained in Section 4-202( c), and is supported by the small project size and no new disturbance with existing homes and improvement on both lots. Douglas R. Boyles 4/10/2018 CERTIFICATION OF TRUST BEFORE ME, the undersigned officer, duly authorized to administer oaths, and take acknowledgement under the Jaws of the State of Florida, on this day, personally appeared Robert D. Hines ("Affiant"), who, being first duly sworn, states to the best of his knowledge and belief, the following: I. On February 21, 2002, James Kenneth Boyles and Hilda Rose Boyles created the James Kenneth Boyles aod Hilda Rose Boyles Revocable Trust dated February 21, 2002, as Grantors and Trustees (the "Trust"). The Trust was drafted by Hines Norman Hines, P.L. (the "Firm"). 2. On March 19, 2002, the Grantors executed the first Amendment to Revocable Trust Agreement. On February 5, 2003, the Grantors executed the Second Amendment to Revocable Trust Agreement. On August 21, 2004, the Grantors executed the Third Amendment to Revocable Trust Agreement. On May 30, 2007, the Grantors executed the Fourth Amendment to Revocable Trust Agreement (collectively, the "Amendments"). The Amendments were prepared by the Firm. 3. On November 18, 2009, James Kenneth Boyles passed away. 4. Pursuant to Article VII I of the Trust, upon the death of either Grantor, the surviving Grantor shall continue to serve as sole Trustee. 5. Hilda Rose Boyles is currently the sole Trustee of the Trust. 6. Hilda Rose Boyles, in her capacity as the sole Trustee of the Trust, is authorized to execute instruments on behalf of the Trust. 7. The Trust was established under Florida law and is governed by Florida law. 8. The Firm currently represents. 9. Affiant is an attorney duly licensed to practice law in the State of Florida, and is associated with the Firm. 10. The Trust and Amendments have not been revoked. Affiant states nothing further. ST ATE OF FLORIDA COUNTY OF HILLSBOROUGH Robert D. Hines, Esq. Hines Norman Hines, P.L. 1312 W. Fletcher Ave., Suite B Tampa, FL 33612 813.265.0100 On April~ 2018, before me, the undersigned officer, personally appeared, Robert D. Hines, Esq., who is personally known to me to be the individual described in, and who executed, the foregoing Certification of Trust, and who did take an oath. • •• ~-:;,~;~ HOLLY C. WALKER 'i' ·· .. \ MYCOMMISSION#GG040915 \:j, .~;J EXPIRES: November 26, 2020 ·-:.~;~f.i.~· ~·" Bonded Thni Notary Public Unde1w1Ue" Waiver Request to Section 4-202 Division of Land Application Form dated 2/15/2018 Rose Ranch Lot Line Adjustment We ask for a waiver for the requirement for a site plan with topographical information in Section 4-202. Our waiver request is consistent with the review criteria contained in Section 4-202( c), and is supported by the small project size and no new disturbance with existing homes and improvement on both lots.