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Home My WebLink About1.1 Supplemental Application InfoTHE rNc landscape architecture land planning communily planning 365 River Bend Way . Glenwood Springs, CO 81601 . Tel 970 927 3690 . landstudio2@comcast.net January 30,2019 Patrick Waller Senior Planner Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 Roaring Fork Ranch Processing and Material Handling - Limited lmpact Garfield County File Number LIPA-06-17-8562 Dear Patrick, Please find enclosed a response to a request for clarification of Roaring Fork Ranch Processing and Material Handling Facility issues in your March 7,2018 letter to The Land Studio, lnc. Specifically, responses for additional information are included below in bold. Leqal lssues The County Attorney's Office is aware that the property is part of a Settlement Agreement relating to the Sheriff Sale 15-06 and associated litigation in 16CV30229. The applicant's attorney needs to inform the County on the status of the settlement agreement and the ownership of the property. An updated Title Commitment with a Deed and Legal Description has been included with this letter. Assessor records show that the property is 69.54 acres, but the application states 73.009. The County Attorney's Office understands that the litigation discussed errors in the surveys. The Applicant's attorney will need to explain the correct acreage of the property in regards to the settlement of the lawsuit. Some of the submittal materials reference different sizes of the parcel. An updated Title Gommitment with a Deed and Legal Description has been incf uded with this letter. The Legal Description states 72.99 acres as the parcel size. 3. A copy of the mineral deed referenced in the mineral research section is needed LANDSîUDIO Re 1 2 The Land Studio, lnc 2 6 A copy of the mineral deed has been attached as an exhibit to this response letter. 4 Because of issues with ownership, the Title Commitment needs to be current Please provide a current linked title commitment. An updated Title Commitment has been included with this letter 5 Additional authorization and ownership information may be needed pending the applicant's supplemental submittals. Updated ownership information is contained in the updated Title Gommitment and an updated Statement of Authority and Authorization Letter are attached as an exhibit. lrriqation Ditches: The site plan shows the re-routing of an irrigation ditch on the property as well as the Basin Ditch. The application only provided contact information for the Basin Ditch Company. Please provide additional contact information for that ditch, or an indication that it is in Basin Ditch Company ownership. The owner has identified the ditch as being for their own use to provide irrigation on the property. Water and Wastewater: Please provide a further discussion of how the use will function on the property. The application states that the facility will generally be unmanned, but further information is needed. Please address how many employees will be needed to operate the facility, how often employees will be accessing the facility, approximately how long an employee will be on-site, etc. Please note: lf the application cannot demonstrate that the site will be unmanned, the applicant will need to provide a water and wastewater plan that meets Land Use and Development Code standards. Explanation of Process and related Manpower for the operation: a.) Material lmport As material is imported, the materialwill be off-loaded (dumped out of a dump truck) in a designated spot at the time of import. The manpower requirement will be one associate pulling in with a vehicle to show the driver where to dump material. Once the material is off-loaded there will no longer be employees, staff or clients on site. (l employee, generally less than 2 hours each visit, approximately 1-2 times per week). b.) Stacking the Material 7 The Land Studio, lnc. 3 As material accumulates, it will need to be stockpiled for processing. The process of stockpiling will be a Hughes Excavating operator stopping by to ramp up the stockpile with the loader or dozer. The stockpiling should generally take less than a few hours. (l-2 Crew, generally less than a few hours each visit, approximately two times per month). c.) Processing the Material When the material needs to be processed a trackhoe and screen plant will be used with a loader for stacking the material. Depending on the amount of material, this usually takes around 1-4 days. (1-2 employees, 1-4 days, approximately one time every 2-3 months). d.) Exporting The exporting function will be loading a truck at the site. Generally the truck driver will load the material himself, but on occasion a Hughes Excavating associate will be there to load. (0-1 employee, I hour, approximately 1-2 times per week). e.) Dust and Mud Gontrol Mud control will be accomplished with a mud rack at the entrance to the site, just off the driveway. lt will consist of 'l 1/2" Screened Rock, and refreshed as necessary. Dust control will be accomplished by a water tanker with spray bars. There will be no permanent employee for this task, being applied as necessary. (l tanker driver, arriving then leaving within a short period of time, as necessary). Site Plan: Noise Studv: I I Please update the site plan to show the minimum distance to adjacent property lines from the use. Please see updated site plan attached as an exhibit to this letter. The noise study indicates that the property to the west qualifies as light industrial according to state noise requirements. However, the definition of the light industrial district does not appear to fit the property. The property is zoned Rural and a residence is a by-right use in the zone district. Most light industrial uses on the parcel would require a Land Use Change Permit application. The Noise Study should be updated, or the applicant should provide further information as to why the Light lndustrial use is an acceptable designation. Hankard Environmental Inc. has provide a response which is included as an exhibit to this letter. The Land Studio, Inc. 4 Reclamation 10. The applicant should supply additional information on the phasing of the grading and landscaping on the site. The grading and drainage plan states that landscaping will be completed as the market demand allows for the completion of berms. Please provide further information on when the site will be graded and landscaped as shown in the site plan. This should include a description of when berms required for noise mitigation will be completed and when the ditch will be re-located. lt should also address the topography of the site once the use is no longer occurring. The berm and landscaping on the east side of the property will be constructed first to be completed within two years of approval. The berm and landscaping on the south side of the property will be completed within 5 years of approval. Berms and landscaping on the north side of the site will be completed in a 5-10 year plan. Landscaping will occur in each phase as the berm construction is completed. The site plan reflects the finished topography of the site when the berms are completed and the use is no longer occurring. Refer to notes for revegetation on the site plan for all disturbed areas. Thank you for this opportunity to respond to issues raised in your March 7,2018 letter We look forward to continued coordination of these issues as needed. Please call or email with any discussion and we would be happy to join you at Garfield County Community Development to discuss if helpful. Sincerely, THE LAND STUDIO, I Exhibits: Title Commitment Mineral Deed Noise Study Letter Site Plan Statement of Authority Authorization Letter By P The Land Studio, lnc. GRAPHIC SCALE I\l\,z_" -...-- -: I\ ¡- I (ilffi) 1d-50 lL II .'/ - .* --t',a' ÀNdN 'J I\\,_ -, ,-- '-' --t /l I\\ r \-.-_ \ lE É¿S, tNV tN: PROPOS 54 LF. OF t8' DRIEWAY øLWT l--ì Reseed all dislurbed T-r ilsNc areas flSINGOBffr MÆKq unuÍ!Uru wilh dryland pasture mix "a.?" Plant Material Leoend t OEGCT MÆKER MU@ Wr"fu, Area Cottonwood flSNG €. eI t þ 3 I Seedling Plantíng (400) NarrowleafPRæOÐ Æ, HDPE CULWT ,l It* (1500)Aspen I I flSTNG SÐ TO AE (65) Coniferouo ïre€G, 4'-6'ht. Colorado Spruce Ponderosa Pine (65) Deciduous Trees, 1.5" cal. Sensation tsoxelder Maple Autumn Blaze MapleAspen \ Narrowleaf Cottonwood \¡\-ìI I L I I Site Plan/Landscape Plan February 14,2018 Y82 ffi LEGEND mt[ilf cilnol m€ ffiAW 8MS $RFAG ROUCHflINê MULCHING s0tNc wttr mÆc æNnc @ @ @ @ @ @ ru trcnc Mm POW Ptr @Y N#OR wAm gtcoT ffiC TAK UD EFHONE PÐ6T[ E cQr t o E WD ffiCE CHAN_UNK ENæ HRE MG dSNC MÆ MNruR ilSNG MNM æNTOR- -6J{- - , - .6J4¡ --- - .. -63{- -6341- oilE-StfrY ERrCt( 8U'U[NG au"å¿'Æqb Fìe¡ood ell dieturbod dryland pasturo -4J<D 'o_c- Processing acres in E u ú Reseed all disturbed areas ,{ oo¡ /+e9¡¡, - - 2-12-14 HIGHWA WR Prepared by The Land Studlo, lnc . 365 Rlver Bend Way . Glenwood Spr¡ngs, CO 81 60 1 . 970-927-3690 FOR AND ON BEIiALF OF HIGH COIJNTRY ENCINEERING, ¡NC. z2 99¡Ékäo: EsN: qeBE 5Ë88 ?E:T Éo ä*ËH QHgËzäqÈ efr¡H fETñ:ôts> Ha6P EfoPÞ ifiüË UJ ÉÉ F oo o E UT o Éo U z dz É, l¡¡ l¡¡z 6z l¡¡ É,Fzfo(, II E nb .ãfi ã9X Ëst ã Ëgr e ä88 H!¡ao +YCt6l Ë9ä i ñ i¡s-üE f; gc $!- E; tÉÍx4 2,*L Ëäi!äÍi ùãr, É, PROJECf NO. 2171040.OO GR-OI c2 January 30,20L9 Gadield County Commuuity Development Department 108 I'Street, Suite 401 Glenwood Springs, CO 81601 RE: Limited Impact Review application, Garfield County File Number LIPA-06-17- 8s62. Dear Garfield County, This leuer is to certify that Roaring Fork Ranch LLC has authorized Doug and Julie Pratte of The Land Studio, Inc. to represent them for the Limited Impact Review roquest in Garfield County. The contact information for The Land Studio Inc, is: Douglas and Julie Pratte The Land Studio,Inc. 365 River Bend Way Glenwood Springs, CO 81601 (W0)9n-3690 phone landstudio2 @ comcast.net Roaring Fork Ranch LLC Garfield County STATEMENT OF AUTHORIW Håäfi f, b'"F3'lhå"iðf, 'Lilå the undersigned executes Coloraoe imited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as followsl The name of the Entity ,, Hoaring Forr Ranch LLc and is formed under the laws of The mailing address for the Entity is The name and/or position of the person authorized to execute othenruise affecting title to real property on behalf of the Entity' ä538 "då'bråffi il îfl ,''iliålb e ri n g' o r The limitations upon the authority of the person narned above or ft'¿?igr the position descríbed above to bind the Entity are as follows (if no limítations, insert "None") Other matters concerning the manner in whích the Entíty deals with any interest in real property are (if no other matter, leave thís section blank): EXEcUTED this t fÁllday of 20J3-. STATE OF ttL t" )e 'ara COUNWOF La< Signature: Name Title (if any): The by )ss. instrument s r before me this of 7t on behalf of Witness my hand and My commission expiresr sea[. tl//ù 20 lq a i;.:Ê^ffå ?^Lçi,å"'-j'i'ra':' IERRt D 806€r,¡ittr Notr{lublic . 5tatÊ of Florldt Commissíon r GG loitot Äty Comm, Expircs Apr t0. l02l lsEALl {Date) .? 029- ry Public) INVOICE Land Title Guarantee Company 5975 Greenwood Plaza Blvd Suite 125 Greenwood Village, CO 80111 970-945-261:0GUÄRÄNTEE COMPANY www.tTGc.cox HUNTER CREEK PROPERTIES JOE GEBHARDT 4497L HIGHWAY 82 Aspen, CO 81611- Invoice Number: Order Number: Property Address: Parties: TTtle GWS-5198 Date: December 28,2018 6301_3385 L6704 HIGHWAY 82 AND VACANT LAND CARBONDALE 8].623 A Buyer To Be Determined Your Reference Number: Our Order Number: Our Customer Number: lnvoice Requested by: lnvoice (Process) Date: Transaction lnvoiced By: Email Address: TBD Commitment - 63013385 GWS-5198 77966.L JOE GEBHARDT December 28,2OL8 Web Services system@ltgc.com Reference Service: TBD CommitmentRef: 63013385Addr: L6704 HIGHV'IAY 82 AND VACANT LAND Party: ROARING FORK RANCH LLC, A C0L0RAD0 LIMïTED LIABILITY COMPANY AS TO PARCEL A; AND CATHY GEBHARDT, AS TO PARCEL B $466.00 Total Amount Invoiced: Less Payment(s): Balance Due: $466.00 $0,00 $466. 00 Due and Payable upon receipt Please make check payable to Land ïtle Guarantee Company and send to the address at the top of Page 1. Please reference lnvoice Number GWS-5198 on your Payment I liiì!,!n()l lt Ì.ì, ii lìt t.;Ìr(,]lirÌ:, ¡nvoice.odt I442o 07 l2oL5 o7l30/13 11:06:43 AM Page L F l¿ndTitld Land Title Guarantee Company Customer Distribution -$is¡9Q-A PREVENT FRAUD - Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. Order Number: 48563013385 Dafe:121282018 Property Address: 16704 HIGHWAY 82 AND VACANT LAND, CARBONDALE, CO 81623 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance For Title Ass¡stance Nicole Hall 5975 GREENWOOD PLAZA BLVD GREENWOOD VILLAGE, CO 80111 (303) 850-4189 (Work) nhall@ltgc.com HUNTER CREEK PROPERTIES INC Attention: JOE GEBHARDT 44971 HWY 82 ASPEN, CO 81611 (970) 319-3241 (Work) JPG@HUNTERCREEKGROUP.COM Delivered via: Electronic Mail F Land Title Guarantee Company Estimate of Title Fees l¿ndïtld druÀmEÊ &{$nrÍ -$ia2 297- Order Number: Property Address Parties: 48S63013385 Date:'1212812018 f 6704 HTGHWAY 82 AND VACANT LAND, CARBONDALE, CO 81623 A BUYER TO BE DETERMINED ROARING FORK RANCH LLC, A COLORADO LIMITED LIABILITY COMPANY AS TO PARCEL A; AND CATHY GEBHARDT, AS TO PARCEL B Visit Land Title's Website at for d¡rections to of our offices. Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property Chain of Title Documents Garfield county recorded 11i09/2018 under reception no. 913961 Garfield county recorded f 1/09/2018 under reception no. 913958 Garfield county recorded 0?25/2016 under reception no. 874088 Garfield county recorded 08/13/2015 under reception no, 866212 $466.00 Total$466.00 TBD" Commitment f Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! ALTA COMMITMENT Old Republic NationalTitle lnsurance Company Schedule A Order Number: A856301 3385 Property Address: 16704 HIGHWAY 82 AND VACANT LAND, CARBONDALE, CO 81623 1. Elfective Date: 1112712018 at 5:00 P.M. 2. Policy to be lssued and Proposed lnsured: "TBD" Commitment Proposed lnsured: A BUYER TO BE DETERMINED 3. The estate or ¡nterest in the land described or referred to ¡n this Gommitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: ROARING FORK RANCH LLC, A COLORADO LIMITED LIABILITY COMPANY AS TO PARCEL A; AND CATHY GEBHARDT, AS TO PARCEL B 5. The Land referred to ¡n this Gommitment is described as follows: $o.oo PARCEL A A PARCEL OF LAND SITUATED IN THE SOUTHWEST QUARTER OF SECTION 29 AND THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, TO WIT; BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 32, FROM WHENCE THE NORTHWESTCORNER OFTHE SAID SECTION 32 BEARS N88"58'14'W,2715.95 FEET DISTANT, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE, S01"46'44"W, ALONG THE NORTH-SOUTH CENTERLINE OF SECTION 32 AND THE WESTERLY BOUNDARY LINE OF LOT 54, CERISE RANCH SUBDIVISION AS DESCRIBED IN RECEPTION NUMBER 573538 OF THE PUBLIC RECORDS OF THE SAID COUNTY, A DISTANCE OF 160.64 FEET TO THE NORTHWEST CORNER OF LOT 55 OF THE AFORESAID CERISE RANCH SUBDIVISION; THENCE, SO1'40'05'W, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE WESTERLY BOUNDARY LINE OF SAID LOT 55, A DISTANCE OF 445.59 FEET TO THE NORTHWEST CORNER OF LOT 56 OF THE AFORESAID CERISE RANCH SUBDIVISION; THENCE, SO1'29'39'W, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE WESTERLY BOUNDARY LINE OF SAID LOT 56, A DISTANCE OF 87.02 FEET TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 591379 OF THE PUBLIC RECORDS OF THE SAID COUNTY; THENCE, N80"56'34" W, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE NORTHERLY BOUNDARY LINE OF SAID RECEPTION NO. 591379 A DISTANCE OF 658.19 FEET TO THE NORTHWEST CORNER THEREOF; THENCE S02"29'48"W, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE WESTERLY ALTA COMMITMENT Old Republic NationalTitle lnsurance Company Schedule A Order Number: 48563013385 BOUNDARY LINE OF SAID RECEPTION NO. 591379 A DISTANCE OF 480.20 FEET TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NO. 298039 OF THE PUBLIC RECORDS OF THE SAID COUNTY; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE NORTHERLY BOUNDARY LINE oF sArD PARCEL OF LAND (REC. NO. 298039) THE FOLLOWING FOUR (4) COURSES: 1. N71 "39'02''W A DISTANCE OF 94.27 FEET; 2. N76"09'34'' W, A DISTANCE OF 71.46FEET; 3. N88" 13'42'' W, A DISTANCE OF 45.16 FEET; 4. N77"05'29'' W A DISTANCE OF 69.82 FEET TO THE NORTHWEST CORNER THEREOF; THENCE. 51O'33'05" W, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE WESTERLY BOUNDARY L|NE OF THE SA|D PARCEL OF LAND (REC. NO. 298039) A DISTANCE OF 77.41 FEET TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 288088 OF THE PUBLIC RECORDS OF THE SAID COUNTY; THENCE, N85'03'11"W, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE NORTHEASTERLY BOUNDARY L|NE OF THE SAID PARCEL OF LAND (REC. NO. 288088) A DISTANCE OF 295.40 FEET TO THE NORTHWEST CORNER THEREOF; THENCE, S02"48'31-W, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE WESTERLY BOUNDARY L|NE OF THE SAtD PARCEL OF LAND (REC.NO. 288088) A DISTANCE OF 327.09 FEET TO THE NORTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 831001 OF THE PUBLIC RECORDS OF THE SAID COUNTY; THENCE, SO2'39'37'W, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE WESTERLY BOUNDARY L|NE OF THE SA|D PARCËL OF LAND (REC.NO. 831001) A DTSTANCE OF 159.62 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NUMBER 82 DESCRIBED IN RECEPTION NUMBER 180887 OF THE PUBLIC RECORDS OF THE SAID COUNTY; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG SAID NORTHERLY RIGHT-OF-WAY THE FOLLOWTNG THREE (3)COURSES: 1. N78'29'48''WA DISTANCE OF 12.32FÉET; 2. N63"03'47'' W A DISTANCE OF 72.79 FEET; 3. N78"56'OO''W A DISTANCE OF 621.58 FEET TO A POINT ON AN EXISTING FENCE LINE AS DESCRIBED IN RECEPTION NO. 288099; THENCE, NOO"58'18" W, DEPARTING FROM THE AFORESAID COURSE AND ALONG SAID FENCE LINE A DISTANCE OF 57.08 FEET TO AN ANGLE POINT THEREIN; THENCE, NOO"18'30'E, DEPARTING FROM THE AFORESAID COURSE AND ALONG SAID FENCE LINE A DISTANCE OF 628.77 FEET, TO AN ANGLE POINT THEREIN; THENCE, N01"41'34'E, DEPARTING FROM THE AFORESAID COURSE AND ALONG SAID FENCE LINE A DISTANCE OF 120.50 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF THAT PARCEL OF LAND DESCRIBED IN THAT COURT DECREE NUMBERED 10 CV 122, DATED AUGUST 17,2016IN THE PUBLIC RECORDS OF THE SAID COUNTY; ALTA COMMITMENT Old Republic NationalTitle lnsurance Company Schedule A Order Number: 48563013385 THENCE, DEPART|NG FROM THE AFORESAID COURSE THE FOLLOWING SIX (6)COURSES 1. S78"59'39''E, A DISTANCE OF 85.56 FEET; 2. S78"15'49''E, A DISTANCE OF 72.99FEET: 3. S75"32'48''E, A DISTANCE OF 91.32 FEET; 4. S85"21'36''E, A DISTANCE OF 48.45 FEET; 5. S79"06'01''E, A DISTANCE OF 149.06 FEET; 6. S88"38'41" E, A DISTANCE OF 30.02 FEET; THENCE, NO1'10'20-E, DEPARTING FROM THE SAID SOUTHERLY BOUNDARY LINE AND ALONG THE EASTERLY BOUNDARY L|NE OF THE SAtD PARCEL OF LAND (COURT DECREE 10 CV 122),694.75 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SAID SECTION 32 FROM WHENCE THE POINT OF COMMENCEMENT BEARS S88"58'14"E, 1496.39 FEET DISTANT; THENCE, N 88"58'14" W, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE SAID NORTH LINE OF THE NORTHWEST QUARTER OF THE SAID SECTION 32, A DISTANCE OF 540.59 FEET TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 832845IN THE PUBLIC RECORDS OF THE SAID COUNTY; THENCE, NO3'44'03'E, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE EASTERLY BOUNDARY LtNE OF THE SArD PARCEL OF LAND (REC.NO.832845) A DTSTANCE OF 674.58 FEET TO THE SOUTHWEST CORNER OF LOT 26 OF THE STIRLING RANCH P.U.D, DESCRIBED IN RECEPTION NUMBER 603325 OF THE PUBLIC RECORDS OF THE SAID COUNTY; THENCE, S89'10'45'E, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE SOUTHERLY BOUNDARY LINE OF LOTS 26 AND 27 OF THE SAID STIRLING RANCH P.U,D. A DISTANCE OF 2033.36 FEET TO A POINT ON THE NORTH-SOUTH CENTERLINE OF SECTION 29, THE SAID POINT BEING THE SOUTHEAST CORNER OF THE SAID LOT 27 AND A POINT ON THE WESTERLY BOUNDARY LINE OF LOT 52, CERISE RANCH SUBDIVISION, DESCRIBED IN RECEPTION NUMBER 573538 OF THE PUBLIC RECORDS OF THE SAID COUNTY; THENCE, SO3'24'OO'W, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE WESTERLY BOUNDARY LINE OF THE SAID LOT 52 AND ALONG THE NORTH-SOUTH CENTERLINE OF SECTION 29 A DISTANCE OF 681.81 FEET TO THE POINT OF BEGINNING. PARCEL B A TRACT OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, TO WIT; COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 32, FROM WHENCE THE NORTHWEST CORNER OF THE SAID SECTION 32 BEARS N88"58'14"W,2715.95 FEET DISTANT, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE, N88'58'14" W, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SAID SECTION 32, A DISTANCE OF 1496.39 FEET TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN THAT COURT DECREE NUMBERED lOCV 122, DATED AUGUST 17,2016IN THE PUBLIC RECORDS OF THE SAID COUNTY, THE SAID POINT BEING THE TRUE POINT OF BEGINNING; ALTA COMMITMENT Old Republic NationalTitle lnsurance Company Schedule A Order Number: 48S63013385 THENCE S 01"10'20" W, ALONG THE EASTERLY BOUNDARY LINE OF THE SAID PARCEL OF LAND (DECREE 10 CV 122) A DTSTANCE OF 694.75 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE SOUTHERLY BOUNDARY LINE oF THE SA|D PARCEL THE FOLLOWING SIX (6) COURSES: 1. N 88"38'41'' W, A DISTANCE OF 30.02 FEET; 2. N 79'06'01'' W, A DISTANCE OF 149.06 FEET; 3. N 85'21'36'' W, A DISTANCE OF 48.45 FEET; 4. N 75'32'48" W A DISTANCE OF 91.32 FEET; 5. N 78'15'49" W, A DISTANCE OF 72.99FEET; 6. N 78'59'39" W, A DISTANCE OF 85.56 FEET TO A POINT ON THE EASTERLY BOUNDARY LINE OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 802474IN THE PUBLIC RECORDS OF THE SAID COUNTY; THENCE N 01'48'43'E, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE EASTERLY BOUNDARY L|NE OF THE SA|D PARCEL OF LAND (REC. NO. 802474) A DISTANCE OF 61.45 FEET; THENCE, N 04"38'58'' W, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE EASTERLY BOUNDARY L|NE OF THE SA|D PARCEL OF LAND (REC. NO. 802474) A DTSTANCE OF 7.24FEET; THENCE, N 62"06'03'' W, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE EASTERLY BOUNDARY L|NE OF THE SA|D PARCEL OF LAND (REC. NO. 802474) A DISTANCE OF 242.72 FEET TO A POINT ON THE SOUTHERLY OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 314603 IN THE PUBLIC RECORDS OF THE SAID COUNTY; THENCE, S 88'48'46'' E, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE SOUTHERLY BOUNDARY L|NE OF THE SAtD PARCEL OF LAND (REC. NO.314603) A DISTANCE OF 143.34 FEET TO THE NORTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 760754IN THE PUBLIC RECORDS OF THE SAID COUNTY; THENCE, S 51'02'03'' E, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE WESTERLY BOUNDARY L|NE OF THE SA|D PARCEL OF LAND REC. NO. 760754) A DTSTANCE OF 69.58 FEET TO A POINT OF CURVATURE; THENCE, DEPARTING FROM THE AFORESAID COURSE AND CONTINUING ALONG THE WESTERLY BOUNDARY L|NE OF THE SAtD PARCEL OF LAND (REC.NO. 760754) 60.05 FEET ALONG THE ARC OF A CURVE TURNING TO THE RIGHT, WHOSE RADIUS IS 173.18 FEET, (LONG CHORD BEARS S 35"44'17" E, 59.75 FEET) TO THE SOUTHWEST CORNER THEREOF; THENCE, S 88'52'51" E, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE SOUTHERLY BOUNDARY L|NE OF THE SA|D PARCEL OF LAND (REC. NO. 760754) A DISTANCE OF 13.75 FEETTO THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 314989 IN THE PUBLIC RECORDS OF THE SAID COUNTY; THENCE, S 88'50'57" E, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE SOUTHERLY BOUNDARY LtNE OF THE SA|D PARCEL OF LAND (REC.NO. 314989) A DISTANCE OF 199.91 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE, N 01"15'43" E, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE EASTERLY ALTA COMMITMENT Old Republic NationalTitle lnsurance Company Schedule A Order Number: 48563013385 BOUNDARY LINE OF THE SAID PARCEL OF LAND (REC.NO. 314989) A DISTANCE OF 89.90 FEET; THENCE, N 11'46'57'W, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE EASTERLY BOUNDARY L|NE L|NE OF THE SA|D PARCEL OF LAND (REC. NO. 314989) A DTSTANCE OF 450.84 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SAID SECTION 32 FROM WHENCE THE NORTHWEST CORNER OF THE SAID SECTION 32 BEARS N 88'58'14-W,879.44F887 DISTANT; THENCE, S 88"58'14'E, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SAID SECTION 32, A DISTANCE OF 340.12 FEET TO THE POINT OF BEGINNING. Copyright 2006-2019 American Land Title Association. All rights reserved. - AMERIC¡TN LÁND TITLE ^$50c1^rroNThe use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.Ë ALTA COMMITMENT Old Republic National Title lnsurance Gompany Schedule B, Part I (Requirements) Order Number: A856301 3385 All of the following Requirements must be met: This proposed lnsured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company, Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 1. RELEASE OF DEED OF TRUST DATED OCTOBER 01, 201 8 FROM ROARING FORK RANCH, LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF EVAN RUSSELL CHRISTIAN TO SECURE THE SUM OF $7OO,OOO.OO RECORDED NOVEMBER 09, 2018, UNDER RECEPTION NO.913960. 2. RELEASE OF DEED OFTRUST DATED OCTOBER 01,2018 FROM ROARING FORK RANCH LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF EVAN RUSSELL CHRISTIAN TO SECURE THE SUM OF $7OO,OOO.OO RECORDED NOVEMBER 09, 2018, UNDER RECEPTION NO.913962. 3, PROVIDE LAND TITLE GUARANTEE COMPANY WITH A CURRENT IMPROVEMENT SURVEY PLAT OF SUBJECT PROPERry. UPON REVIEW, ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS MAY BE NECESSARY. LAND TITLE IS NOT RESPONSIBLE FOR ORDERING SAID IMPROVEMENT SURVEY PLAT SAID SURVEY MUST BE CERTIFIED TO LAND TITLE GUARANTEE COMPANY AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY. 4. A FULL COPY OF THE FULLY EXECUTED OPERATING AGREEMENT AND ANY AND ALL AMENDMENTS THERETO FOR ROARING FORK RANCH LLC, A COLORADO LIMITED LIABILITY COMPANY MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY. SAID AGREEMENT MUST DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID ENTIry. NOTE:ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION 5. WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR ROARING FORK RANCH LLC, A COLORADO LIMITED LIABILIry COMPANY RECORDED NOVEMBER 28, 2018 AT RECEPTION NO. 914609 IS CURRENT. NOTE: SAID INSTRUMENT DISCLOSES JOSEPH GEBHARDT AS THE MANAGER AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED. 6. WARRANTY DEED FROM ROARING FORK RANCH LLC, A COLORADO LIMITED LIABILITY COMPANYAS TO PARCEL A; AND CATHY GEBHARDT, AS TO PARCEL B TO A BUYER TO BE DETERMINED CONVEYING SUBJECT PROPERTY. ALTA COMMITMENT Old Republic National Title lnsurance Gompany Schedule B, Part I (Requirements) Order Number: A856301 3385 All of the following Requirements must be met: NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. ALTA COMMITMENT Old Republic NationalTitle lnsurance Company Schedule B, Part ll (Exceptions) Order Number: A856301 3385 This commitment does not republish any covenants, condition, restr¡ction, or l¡m¡tat¡on contained in any document referred to ¡n th¡s comm¡tment to the extent that the specific covenant, conditions, restr¡ct¡on, or limitation violates state or federal law based on race, color, religion, sex, sexual orientat¡on, gender identity, handicap, familial status, or national origin, 1, Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affect¡ng the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effect¡ve 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 th¡s Comm¡tment. 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. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rightsn claims or title to water. 8. EXISTING LEASES AND TENANCIES, IF ANY. 9. RIGHTS OF THE PUBLIC IN AND TO THE USE OF CO-82, WHICH TRAVERSES SUBJECT PARCELS, AS EVIDENCED BY SNOW COUNTRY INVESTMENTS II, LLC/CALDWELL BOUNDARY LINE ADJUSTMENT PLAT RECORDED DECEMBER 30, 2OO8 UNDER RECEPTION NO. 760745. 10. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AS RESERVED IN UNITED STATES PATENT RECORDED MAY 2, 1923 IN BOOK 73 AT PAGE 167. 11. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED MAY 2, 1923 IN BOOK 73 AT PAGE 167. 12. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED AS RESERVED IN UNITED STATES PATENT RECORDED JANUARY 18, 1911 IN BOOK 73 AT PAGE 37. 13. RIGHT OF WAY FOR DITCHES OR CANALS CONSÏRUCTED BY THE AUTHORIry OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED JANUARY 18, 1911 IN BOOK 73 AT PAGE 32. ALTA COMMITMENT Old Republic NationalTitle lnsurance Company Schedule B, Part ll (Exceptions) Order Number: A856301 3385 14. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 22, 1965 IN BOOK 367 AT PAGE 147. 15. ALL THE OIL, GAS, SODIUM AND POTASH IN THE LAND SO PATENTED AND TO IT OR PERSONS AUTHORIZED BY IT, THE RIGHT TO PROSPECT FOR, MINE AND REMOVE SUCH DEPOSITS FROM THE SAME UPON COMPLIANCE WITH THE CONDITIONS AND SUBJECT TO THE PROVISIONS AND LIMITATIONS OF THE ACT OF JULY 17, 1914 (38 STAT. 509), AS AMENDED BY ACT OF MARCH 4,1933 (47 STAT. 1570) AS CONTATNED lN PATENT RECORDED JUNE 22,1965 rN BOOK 367 AT PAGE 147. 16. RESERVATION OF 2/3 OF ALL MINERALS AND MINERAL RIGHTS INCLUDING OIL AND GAS AS CONTAINED IN DEED, RECORDED NOVEMBER 14, 1960 IN BOOK 331 AT PAGE 65. 17. EASEMENTS AND RIGHTS OF WAY FOR THE FOLLOWING DITCHES SAME MAY AFFECT SUBJECT PROPERTY PATTERSON AND CUMMINGS DITCH CUMMINGS DITCH PATTERSON DITCH PATTERSON WASTE WATER DITCH 18. RESERVATION OF A 25' LENGTH OF OPEN WATER ALONG BLUE CREEK, AS DISCLOSED BY DEED RECORDED MAY 6, 1954, IN BOOK 276 AT PAGE 293, THE SPECIFIC LOCATION OF WHICH IS NOT DEFINED. 19. EASEMENTGRANTED TO ROARING FORK BAPTISTCHURCH 20'IN WIDTH IN DEED, RECORDED SEPTEMBER 16, 1970 IN BOOK 413 AT PAGE 199. THE SPECIFIC LOCATION OF WHICH IS NOT DEFINED. 20. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED MARCH 31, 1972 IN BOOK 428 AT PAGE 539. 21. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED FEBRUARY 18, 1972 tN BOOK 427 AT PAGE 290. 22. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED OCTOBER 22,1975 IN BOOK 479 AT PAGE 875. 23. RIGHT OF WAY EASEMENT, AS GRANTED TO MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY BY DOCUMENT RECORDED NOVEMBER 20, 1975 IN BOOK 480 AT PAGE 770. 24. THE RIGHTS OF ENTRY AS GRANTED BY DOCUMENTS, RECORDED SEPTEMBER 2, 1981 IN BOOK 580 AT PAGE 430, AND SEPTEMBER 14, 1981 IN BOOK 581 AT PAGE 213. 25. WATER LINE AND WELL EASEMENT, AS SHOWN BY THE DOCUMENT RECORDED MARCH 12, 1982 IN BOOK 594 AT PAGE 432. 26. ACCESS EASEMENT, BEING 30 FEET IN WIDTH ACROSS SUBJECT PROPERTY AS SET FORTH IN DOCUMENT, RECORDED MARCH 15, 1982 IN BOOK 594 AT PAGE 591. 27. RIGHT-OF-WAY EASEMENT BY BAILEY R. STERRETT ETAL., TO HOLY CROSS ELECTRIC ASSOCIATION, INC., RECORDED JUNE 4, 1985 IN BOOK 669 AT PAGE 905. ALTA COMMITMENT OId Republic NationalTitle Insurance Company Schedule B, Part ll (ExcePtions) Order Number: A856301 3385 28, TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED FEBRUARY 14, 1992 lN BOOK 823 AT PAGE 719. 29. TERMS, CONDITIONS AND PROVISIONS OF PERMANENT EASEMENT RECORDED FEBRUARY 03, 1992 IN BOOK 822 AT PAGE 850. 30. EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED JANUARY 21, 1992 IN BOOK 822 AT PAGE 73. 31. EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED MARCH 25, 1992 IN BOOK 826 AT PAGE 730. 32. EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED JUNE 22, 1992 IN BOOK 834 AT PAGE 578. RELEASE OF INTEREST IN REAL PROPERTY IN CONNECTION THERETO RECORDED MAY 13,2013 UNDER RECEPTION NO. 834873. 33. EACH AND EVERY RIGHT OF ACCESS AS CONVEYED IN INSTRUMENT RECORDED JULY 24, 1995 IN BOOK 947 AT PAGE 493 AND IN INSTRUMENT RECORDED JUNE 22,1992IN BOOK 834 AT PAGE 574. 34. EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED JULY 24, 1995 IN BOOK 947 AT PAGE 496. 35. TERMS, CONDITIONS AND PROVISIONS OF WELL AGREEMENT RECORDED JUNE 05, 1995 IN BOOK 943 AT PAGE 115. 36. TERMS, CONDITIONS AND PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN WELL AGREEMENT RECORDED MARCH 10, 1998 IN BOOK 1056 AT PAGE 926. g7. EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED OCTOBER 20, 1998 IN BOOK .1093 AT PAGE 683 AND AT PAGE 690. 38. EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INS RECORDED MAY 11, 2006 AT RECEPTION NO.697634. 39. EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED SEPTEMBER 29, 2006 AT RECEPTION NO. 7081 18. 40. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2OO8-PCO2 RECORDED MAY 30, 2OO8 AT RECEPTION NO.749479. 41. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF BOUNDARY LINE ADJUSTMENT PLAT RECORDED DECEMBER 30,2OO8 UNDER RECEPTION NO. 760754. 42. TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE ADJUSTMENT RECORDED DECEMBER 31, 2008 AT RECEPTION NO. 760893. F I¿ndïde LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS GNTAEÊE ffiMXY -Sìffirñ7- Note: Pursuant to CRS 10-11-122, notice is hereby given that: (A) The Subject real property may be located in a special taxing district. (B) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written ¡nstructions to the contrary. (for an Owner's Policy of Title lnsurance pertaining to a sale of residential real property). (C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1,1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of lnsurance Regulations 8-1-2 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". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) 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 have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. (D) The Company must receive payment of the appropriate premium. (E) lf there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed lndemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 1 0-1 1-'l 23, notice is hereby given This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. (A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is 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: Pursuant to CRS 10-1-128(6Xa), lt is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of lnsurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of lnsurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. F JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY I^andTtldfttt^sEE mMMrv -,ll..t tr67- This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title lnsurance Corporation and Old Republic National Title lnsurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. lnformation security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal lnformation"). ln the course of our business, we may collect Personal lnformation about you from applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system ; your transactions with, or from the services being performed by us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and The public records maintained by governmental entities that we either obtain directly from those entities, or from our aff iliates and non-aff iliates. Our policies regarding the protection of the confidentiality and security of your Personal lnformation are as follows o We restrict access to all Personal lnformation about you to those employees who need to know that information in order to provide products and services to you. o We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal lnformation from unauthorized access or intrusion. ¡ Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. ¡ We regularly assess security standards and procedures to protect against unauthorized access to Personal lnformation. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal lnformation may be disclosed. We may disclose your Personal lnformation when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal lnformation when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. a a ++* *+* Commitment For Title lnsurance lssued by Old Republic NationalTitle lnsurance Corporation NOTICE * + * I * + *IMPORTANT-READ CAREFULLY: THIS COMMITMENT lS AN oFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, FìEPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BYTHE COMPANYTO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT, THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. . COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part l-Requìrements; Schedule B, Part ll-Exceptions; and the Commitment Conditions, Old Republic NationalTitle lnsurance Company, a Minnesola corporation (the "Company"), comm¡ts to issue the Policy according to the lerms and prov¡sions of lhis Commitmenl. This Commitment is effecl¡ve as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when lhe Company has entered in Schedule A both the specified dollar amounl as the Proposed Policy Amount and the name of the Proposed lnsured. lf all of the Schedule B, Part l-Requiremenls have not been met within 6 monlhs after the Commìlment Date, thÌs Commitment termÌnates and the Company's liab¡lity and oblìgation end. COMMITMENT CONDITIONS 1, DEFINITIONS (a)"Knowledge" or "Known": Actual or impuled knowledge, but not constructive notice imparled by lhe Public Records. (b)"Land": The land described in Schedule A and affixed improvements that by law conslitute real property. The term "Land" does nol include any property beyond lhe lines of the area described in Schedule A, nor any r¡ghl, t¡lle, interest, estate, or easement ¡n abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but lhis does not modify or limit the extenl lhat a right of access to and from the Land is to be ìnsured by the Policy. (c)"Mortgage": A mortgage, deed of trust, or other security instrument, Ìncluding one evìdenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to th¡s Commitment. (e) "Proposed lnsured": Each person identified in Schedule A as the Proposed lnsured of each Policy to be issued pursuant to th¡s Commitmenl. (f) "Proposed Policy Amount": Each dollar amount specified ìn Schedule A as the Proposed Policy Amount of each Policy lo be issued pursuant to lhis Comm¡tment. (g)"Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting conslructive nol¡ce of matlers relating to real properly to purchasers lor value and without Knowledge. (h)"Title": The estate or interest described in Schedule A. 2. lf all of the Schedule B, Part l-Requirements have not been met within the time period specffied in the Commitment to lssue Policy, Comitment terminates and the Company's liability and obligation end. 3. The Company's liabìlity and obl¡galion is limìted by and lhis Commitment is not valìd w¡lhout: (a)thê Notice; (b)the Commitment to lssue Policy; (c)the Commilment Cond¡tions i (d)Schedule A; (e)Schedule B, Part l-Requkements; and (f) Schedule B, Part ll-Exceplions; and (g)a counter-signature by the Company or its issuing agent that may be in electronic form 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any t¡me. lf the Company amends this Commitment to add a defecl, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company ¡s limited by Commitment Condition 5. The Company shall nol be lìable for any other amendment to th¡s Commitment. 5. LIMITATIONS OF LIABILITY (a)The Company's liabìlity under Commìtment Condition 4 is l¡mìted to the Proposed lnsured's actualexpense incurred in the inlervalbetween the Company's del¡very to the Proposed lnsured of the Commitment and the delìvery of the amended Commitmenl, resulting from lhe Proposed lnsured's good faith reliance lo: i. comply wìth the Schedule B, Part l-RequÌrements; ¡i. elim¡nate, with the Company's writlen consent, any Schedule B, Part ll-Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. (b)The Company shall not be liable under Commitment Condition 5(a) if the Proposed lnsured requested the amendmenl or had Knowledge of the matter and did nol notify the Company aboul it in writing. (c)The Company willonly have liability under Commitment Condition 4 ¡f the Proposed lnsured would not have incurred the expensê had the CommÌtment included the added matter when the Commilment was first de¡¡vered to the Proposed lnsured. (d)The Company's lìabilìty shall not exceed the lesser of the Proposed lnsured's aclual expense incurred in good fa¡th and dêscribed in Commitmênt Conditions 5(a)(i) through 5(a)(iiì) or the Proposed Policy Amount. (e)The Company shall not be lìable for lhe content of the Transaclion ldenlification Data, ìf any. (f) ln no event shall the Company be obligated to issue the Policy referred to in thìs Commìtment unless all of the Schedule B, Part l-Requ¡remenls have been met to the satisfaction of lhe Company. (g)ln any event, the Company's liabilily is limited by the terms and provis'ons of the Polìcy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a)Only a Proposed Insured identified in Schedule A, and no other person, may make a cla¡m under lhis Commitment. (b)Any claim must be based ìn contract and must be restricled solely to the terms and provisìons of this Commitment. (c)Untilthe Policy is issued, th¡s Commitment, as last revised, is the exclusìve and entire agreement belween the parties w¡lh respect to the subjecl matter of this Commitment and supersedes all prior commitment negotial¡ons, representations, and proposals of any kind, whether written or oral, express or implied, relating lo the subject matter of this Gommitment. (d)The deletion or modification of any Schedule B, Part ll-Exceplion does not constìtute an agreement or obligation to provi'Ce coverage beyond the terms and provisions of lhis commilmenl or the Policy. (e)Any amendment or endorsement to this Commitment must be in writing and authent¡cated by a person aulhorized by the Company. (f) When the Policy is issued, all lìability and obligation under this Commitmenl will end and lhe Company's only liability willbe under lhe Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agènt is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agenl is not lhe Company's agent for the purpose of providing closing or seltlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed lnsured, a pro-forma polìcy illuslraling lhe coverage that the Company may provìde. A proJorma policy neither reflects the status of Title at the time that the projorma policy is delvered to a Proposed lnsured, nor is it a commitment to insure. 9. ARBITRATION The Polìcy contaîns an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed lnsured as the exclusive remedy of the partìes. A Proposed lnsured may review a copy of the arbitration rules at http://www.alta.org/arbitration. lN WTNESS WHEREOF, Land Title lnsurance Corporation has caused ìts corporate name and sealto be affìxed by its duly authorized officers on lhe date shown in Schedule A 1o be valid when countersigned by a validating officer or other authorized signatory. lssued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321 -1 880 ,åffi "'t'",.,-..{r.+.i.}:fJ Old Republic National Title lnsurance Company, a Stock Company 400 Second Avenue South Minneapolis, M innesota 55401 (612)371-1111 JøæA-A,"wg President Mark Bilbrey, President Rande Yeager, Secretary This page is only a part of a 2016 ALTA@ Commitment for Title lnsurance issued by Land Tìlle lnsurance Corporation. Th¡s Commitment is not valìd without thê Notice; the Commitment to lssue Policy; the Commitment CondÌtions; Schedule A; Schedule B, Part l-Requirements;and Schedule B, Part ll-Except'rons;and a counler-signature by the Company or its issuìng agent lhat may be in electronic form. Copyrìght 2006-2016 American Land Title Association. All rights reserved. The use of thîs Form (or any derÌvative thereof) ìs restrîcted to ALTA lìcensees and ALTA members in good standing as of lhe date of use. All other uses are prohibited. Reprinted under license from the American Land Tille Association. !{!si{i+üåç*#-,1,il.',iii ilT :T TTirï,,, ÍVhen Recorded Return lo: KeurunrHE. CrrnoN, Esq. Klein Coté Edwards Citron LLC l0l South Mill Street Suite 200 Aspen, CO 8l6l I BARGAIN AND SALE DEED THIS BARGAIN AND SALE DEED, made as of this 3 Auy of November 2018 between Ev¿x Russrll Crrusll¡t whose address ís c/o Klein Coté Edwards Citron LLC, I 0l South Mill Street, Suite 200, Aspen, CO 8l6l I (collectively "Grantor"), and Roeru¡lc Fom RnltcH, LLC, whose Iegal address is 16704-16479 Highway 82, Carbondale, CO 81623 ("Grantee"). V/ITNESSETH, that Grantor, for Ten Dollars and no/I00 ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confìrm unto Grantee, and Grantee's successors and assigns forever, all the Grantor's right, title and interest in the real property, together with all improvements, if any, situate, Iying and being in the County of Garfield, State of Colorado, described as follows: SEE EXHIBIT A TOGETHER WITH all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profrts thereof; and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto Grantee, and Grantee's successors and assigns forever. IN WITNESS WHEREOF, Grantor has executed this Bargain and Sale Deed on the date set forth above. Evnr R RISTIAN By: E. Citron His Attorney-in-Fact , !{',H{i'lTT,!HJl#-H"iifl ll:iT'#Idrrr STATE OF COLORADO COIJNTY OF PITKIN The foregoing instrument was acknowledged before rne this ÚUuV of November 2018 by Kenneth E. Citron, Attorney-in-Fact for Evan Russell Christian. Vy'itness my hand and seal My Commission Expires:0q- aß'aa,.;o HAN lc'Notary Notary lD # 2 01 ''J3 t8-2O2O ss ) ) ) M Stet6 of Colorado Notary lD # 201 64037303 M AH GREGORY olary Public Commission llll ilrr tr'ttlil¡¡!il¡¡' llt ! lill'1,¡fl l+lf i¡l rllt'hll hl' ll tl I Raceotlonä:913958 iì å"ÆãR13 ¡3å?8.8?'8"0.i"Ê!"?å?86' 3å*' I ELD couNîY co EXEIBIT A A PARCEL OF LAND SITUATED IN THE SOUTHWEST QUARTER OF SECTION 29 AND THE NORTHWEST QUARTER SECTION 32, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFTELD, STATE OF COLORADO, TO rù/tT; BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 32, FROM WHENCE THE NORTHWEST CORNER OF THE SATD SECTION 32 BEARS N88'58'I4'W, 2715.95 FEETDISTANT, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE, SO1O46'44''W, ALONG THE NORTH.SOUTH CENTERLINE OF SECTION 32 AND THE WESTERLY BOUNDARY LINE OF LOT 54, CERiSE RANCH SUBDIVISION AS DESCRIBED IN RECEPTiON NUMBER 5?3538 OF THE PUBLIC RECORDS OF THE SAID COUNTY, A DISTANCE OF I60.64 FEETTO THE NORTHWEST CORNER OF LOT 55 OF THE AFORESAID CERISE RANCH SUBDIVISION; THENCE, SO1"4O'05'' W, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE WESTERLY BOUNDARY LINE OF SAID LOT 55, A DISTANCE OF 445.59 FEET TO THE NORTHWEST CORNER OF LOT56 OF THE AFORESAID CERTSE RANCH SUBDIVISION; THENCE, SOIO29'39'W, DEPARTÍNG FROM THE AFORESAID COURSE AND ALONG THE \MESTERLY BOUNDARY LTNE OF SAID LOT 56, A DISTANCE OF 87.02 FEET TO THE NORTHEAST CORNER THAT PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 591379 OF THE PUBLIC RECORDS OF THE SAID COUNTY; THENCE, N8OO56'34"W, DEPARTTNG FROM THE AFORESAID COURSE AND ALONG THENORTHERLY BOLTNDARY LINE OF SAID RECEPTION NO. 591379 A DISTANCE OF 658. I 9 FEET TO THE NORTHWEST CORNER THEREOF: THENCE SO2O49'48''W, DEPARTING FROM THE AFORESATD COURSE AND ALONG THE WESTERLY BOUNDARY LINE OF SAID RECEPTION NO. 591379 A DISTANCE OF 480.20 FEËT TO THE NORTHEAST CORNER OF TI{AT PARCEL OF LAND DESCRIBED IN RECEPTION NO. 298039 OF THE PUBLIC RECORDS OF THE SAID COI.INTY; THENCE, DEPARTINC FROM THE AFORESAID COURSE AND ALONG TFIE NORTHERLY BOLTNDARY LINE OF SAID PARCEL OF LAND (REC.NO.298039) THE FOLLOWTNG FOUR (4) COURSES: I. N7I'39'02''W A DÍSTANCE OF 94.27 FEET3 2. N76OO9'34"W A DÍSTANCE OF 7I.46 FEET; 3. N88OI3'42''W A DISTANCE OF 45.I6 FEET; 4, N77OO5'29''W A DISTANCE OF 69.82 FEET TO THE NORTHWEST CORNER THEREOF; . t ill lil rr f irl ilfåH tll¡t¡,[,t r l$ìll I lH{ "H fr hlJlhù ¡l ll I ReceotionB: 913958 t1lø9'f2ø1A lOr30r38 ÊM Jean Albarloo4 ol 5 Rec pãei5¡¡.ø0 Doc Fee:0.00 GARFIËLD coUNfY C0 THENCE, SIOO33'05''\tr/, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE WESTERLY BOUNDARY LINE OF THE SAID PARCEL OF LAND (REC. NO. 298039) A DTSTANCE OF 77.4t FEET TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRTBED IN RECEPTION NUMBER 288088 OF THE PUBLIC RECORDS OF THE SAID COUNTY; THENCE, N85OO3'I I "W, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE NORTHERLY BOUNDARY LINE OF THE SAID PARCEL OF LAND (REC. NO. 288088) A DISTANCE OF 29s.40 FEET TO THE NORTHWEST CORNER THEREOF; THENCE, SO2O48'3I ''W, DEPARTINC FROM THE AFORESAID COURSE AND ALONC THE WESTERLY BOUNDARY LINE OF THË SAID PARCEL OF LAND (REC.NO. 288088) A DISTANCE OF 327.09 FEET TO THE NORTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 83IOOI OF THE PUBLIC RECORDS OF THE SAID COUNTY; TT{ENCE, SO2O39'37''W, DEPARTTNG FROM THE AFORESAID COURSE AND ALONG THE 'WESTERLY BOUNDARY LINE OF THE SAID PARCEL OF LAND (REC.NO. 831001) A DISTANCE OF 159.62 FEET TO A POINT ON THE NORTHERLY RIGHT-OF.WAY LINE OF COLORADO STATE HIGHWAY NUMBER 82, DESCRIBED IN RECEPTION NUMBER 180887 OFTHE PUBLIC RECORDS OFTHE SAID COUNTY; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG SAID NORTHERLY RrGHT-OF-S/AY THË FOLLOWING THREE (3) COURSES: I. N78'29'48-W A DISTANCE OF 12.32 FEET; 2. N63'03'47UU/ A DISTANCE OF 72.79 FEET; 3. N78'56'OO"W A DISTANCE OF 62I.58 FEET TO A POINT IN AN EXISTING FENCE LINEAS DESCRIBED IN RECEPTION NO.288099; THENCE, NOOOs8'I8"W, DEPARTING FROM THE AFORESAID COURSE AND ALONG SAID FENCE LINE A DISTANCE OF 57.08 FEET TO AN ANGLE POINT THEREIN; THENCE, NOO'18'30"E, DEPARTTNG FROM THE AFORESAID COURSE AND ALONG SAID FENCE LINE A DISTANCE OF 628.77 FEET, TO AN ANGLE POINT THEREIN; THENCE, NOIO4I'34''E, DEPARTING FROM THE AFORESAID COURSE AND ALONG SAID FENCE LINE A DISTANCE OF I2O.5O FEET TO A POINT ON THE SOUTHERLY BOLINDARUY LINE OF THAT PARCEL OF LAND DESCRIBED IN THAT COURT DECREE NUMBERED IO CV I22, DATED 17 AUGUST 2016 IN THE PUBLIC RECORDS OF THE SAID COUNTY; THENCE, DEPARTTNG FROM THE AFORESAID COURSE THE FOLLOWTNG SIX (6) COURSEST I. S78O59'39"E, A DISTANCE OF 85.56 FEET; 2. S78OI5'49"E, A DISTANCE OF 72.99 FEET; f il H hf E Ef I Hll ll¡ltrltl'J¡ htll ¡ $ I lll¡,j hl f I ¡lt $i [ ll I I IReceotlon$: 913958 11tø9'/,2ø19 1Ør30:38 All Jean Alberico5 of 5 Rec Fea:933,ØØ Doc Fea:Ø.0Ø GÊRFIELD C0UNTY C0 3. 575'32'48"8, A DISTANCE OF 9I.32 FEET; 4. 585"2I'36'8, A DISTANCE OF 48.45 FEET; 5. 579'06'0I'8, A DISTANCE OF 149.06 FEET; 6. 588'38'41'8, A DISTANCE OF 30.02 FEET; THENCE, NOIOIO'20''E, DEPARTING FROM THE SAID SOUTHERLY BOUNDARY LINE AND ALONG THE EASTERLY BOI.INDARY LINE OF THE SAID PARCEL OF LAND (couRT DECREE l0 CV t22),694.75 FEET TO A POrNT ON THE NORTH LÍNE OF THE NORTHWEST QUARTER OF THE SAID SECTTON 32 FROM WHENCE THE POINT OF COMMENCEMENT BEARS S 8 8O5 8' I 4"ø,1 49 6.39 FEET D ISTANT; THENCE, N 88'58'I4'O W, DEPARTING FROM THEAFORESAID COURSE AND ALONG THE SAID NORTH LINE OF THE NORTH$/EST QUARTER OF THE SAID SECTION 32, A DISTANANCE OF 540,59 FEETTO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 832845 IN THE PUBLIC RECORDS OF THE SAID COI.JNTY; THENCE, N 03O44'03'' E, DEPARTINC FROM THE AFORESAID COURSE AND ALONG THE EASTERLY BOUNDARY LrNE OF THE SAID PARCEL OF LAND (REC.NO.832845) A DISTANCE OF 674.58 FEET TO THE SOUTHWEST CORNER OF LOT 26 OF THE STIRLING RANCH P.U.D., DESCRIBED IN RECEPTION NUMBER 603325 OF THE PLIBLIC RECORDS OF THE SATD COUNTY; THENCE, S89OIO'45"8, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE SOUTHERLY BOIJNDARY LINE OF LOTS 26 AND 27 OF THE SAID STTRLTNG RANCH P.U.D. A DISTANCE OF 203336 FEET TO A POINT ON THE NORTH-SOUTH CENTERLINE OF SECTION 29, THE SAID POINT BEING THE SOUTHEAST CORNER OF THE SAID LOT 27 AND A POINT ON THE WESTERLY BOUNDARY LINE OF LOT 52, CERISE RANCH SUBDTVISION, DESCRIBED IN RECEPTION NUMBER 573538 OF THE PUBLIC RECORDS OF THE SAID COUNTY; THENCE, SO3O24'OO''V/, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE WESTERLY BOUNDARY LINE OF THE SAID LOT 52 AND ALONG THE NORTH- SOUTH CENTERLINE OF SECTION 29 A DISTANCE OF 68I.8I FEET TO THE POINT OF BEGINNING. TT{E SArD PARCEL OF LAND rS COMPRISED OF 3,t79,573 SQUARE FEET, (72.99 ACRES) MORË OR LESS. COTJNTY OF GARFIELD STATE OF COLORADO r ,, 1 ÕÁlt¡oo* 19IPaee 65,lu R/wftr.rr^r'ti *K -nco¡¿e¿ otJ9-:å9*uclockAsJÍ.2TLs.Rq.ldÒ¡oN6dÊqbDt\èq.d+ftoP{I&&nÉ'ÊoÂdôÉÞdrúoiloooÈqtuÉr-{'-3ærn6AðBñneìq.4.. ddrd .dOAocraqo-oÐd[ãfoqÞHRECOBPTA:g ETÀ¡¡PTøgtrbEoru.+rak , têth rr¡vofio tt!! ya$ of ôür Dord ooê thous¡¡¡l ¡¡¡c hü¡d¡ad sdFovJ¡herSlrLvûctNccÂ--------ELOÍD A. ,toENSOÑ and KAffiERINE A' iIOANSoN'------ot tho Coùory of oarfísldColoñdo, o¡ lhc ü$t Pùt, sd----,IOHN &. cARLsoN and PoRIIA A. oAN'SoN,úd. St¿to ofofthc olty andWITNESSETE,.'CouútyofDenvèls of thô ¡l¡ÉtârÁ Stato of ColorÂdo, of tf,e âwo¡d fr¡rtltt¡at.thêseidPùt lopa¡ì, lor dó l¡ co¡lldentio¡ ol tho ¡u of s'MwæfnN Dof,fAR.5 and' oth€r gaod an¿l v&1u4b16consider¿tionsto tho 3Àid 8úÉes of ths Jl¡Bt 9a¡t IÀ úarrt !¡ñ by t¡o tt¡rt la¡tls oi tåe 6ecodú !Út' ths ¡eeiPt vÁEr6f Isúcreby coifslcd a¡dl acknqelsdgcdr [rve ' - g,;"ir T*E"t""¿ told od øreyert' ¡¡d by theê 9r€ê¡t3 'loä"ïí¡ääît'*ü, ""t""v "n¿ "où- ooto üJJi¡utl-q ol-tbE ¡cco¡d pst' tbelr holr6 ¡nd É¡lsrs fo¡w'r' lot¡D hó¡ocy l.n cgsmo¡ but lr io¡ot tcnue', an lo fotloit¡e 'ls$lbe'l tqr or ryc9r of ltd' ¡luat'¡ lvhg úðbßroE ¡¡ t¡c * -" -ä;; oe?fieLd ' 6ó st'¡t€o!IIgand ni¡sraLhBrqtltsmert! udlhs.útô beloúEfu& ot ls '4rwl¡Ethè rovGion anil GY6!lo!t,ræoind*i!6uc! a¡ó lrollttthq€ofi sú sl! tñô¡ppcrhìni¡ç ¿nóofþt t¡!è l¡r¡t !Û!, êlthslo l¿v o! lqdqr,dÉtq¿lgl¡l' tlt¡c'lrts€q ctÂbr srÙ ditúdhqedttústs edof,i! rtrd to ths ahoY{bsglilril pr@¡3.s. e¡thwlt¡¡ lhó sfflúbts@, Úþth6 sôldTO g/LVEÀND TOIIOI,Dforóv8. Á¡il the ¡rló 9Úlof tlô flr¡t 8ú4,tor th€[$lves 'ldtis ol thosccoqd Ddl, thcir teltswa@t, gÉt'úd ¡reeto Èd slt¡ ùo @i¡lDadlstheû: . ' hoir¡'s@úto!€, a¡dtha l¡do of tltc oÉla¡IlEdêliFry ofthqc pté4t¡ thBY goot thq rero¡d Pdr¡ üre¡rbêirs âill srlS!t'. that atlcfcct,úd lrdeÍ*lblc$tatq oi l¡hedbtrcq lÃwctl oclzcrl o[ tho PluboâbgF co¡Ywedr æ olgooq 3ú(qsut¡o¡iqYùsrgâl¡, sêllúó conYôY thè Eâdo l¡f6vr ln floËiúplg @d h¿veg@ú¡¡sht, f¡ll Dorsüd lêtluldd ottß! gpút!.i¡¡¡äl¡¡, ¡¡l*' lles,ñncr {alloú ¿forêaldr alilth¡t thc8ûi arofiooa¡d dø ÊoÂlâFt GúsqoÍfs 4dldc@br¡¡c6lof flhatw{ Hßl qtrhla SodaltNq EXGEPTXoNSof thê secold !ùt,úeb'helr¡lhe wholê orw !út thdcot,ikcsãidhaleunto seltbe!ùsnds eûilIr thc Pes4cs ofIEALI Efn¡w¡norr[r.nnnoNMENTAL Acô!st'cs ÀtrD VtËñÀttô{ CôHsütllN6 March 13,2018 Roaring Fork Ranch, LLC Joseph and Cathy Gebhardt 1.4927 Bonaire Circle Fort Myers, FL 339089 Re: Resrionse to Garfield CounW Planninq Staff Comment on Noise Zones for the Pronosed Roarins Fork Ranch Soils Procpssino Facili fv Dear Mr. and Mrs. Gebhardt, Hankard Environmental was asked to respond to the one comment on the noise study for the proposed Roaring Fork Ranch Soils Processing Facility by Garfield County Planning Staff (March 7, 2018). This comment was as follows: 9. The noise study indicøtes that the property to the west qualifies as light industrial according to støte noise requirements. Howeuer, the definition of the light industrial district does not appear to fit the property. The property is zoned Rural and ø residence is a by-right use in the zone district. Most light industrial uses on the parcel would require a Lønd Use Change Permit applicøtion. The Noise Study should be updated, or the applicant should proaide further information as to wLty the Light Industriøl use is an a ccep table de si gnøtion. To our understanding, CRS 25-12is applied to the use of the land, not the zoning of the land as these terms vary by county. The land use of the parcel to the west is agricultural. CRS 25-12 provides no clear definition of what the noise limit should be for agricultural land use other than it can not be Industrial. In our experience, one reasonable approach is to treat agriculfural land as a "Ligþt Industrial" noise zone, and if there is a residence on a large agricultural parcel, limit noise to the "Residential" limits at the residence itself. For example, on the Cerise Gravel Pit project, for which Hankard Environmental conducted the noise analysis, Garfield County Planning staff felt that the agricultural use of the Riley property (parcel 239325300270) should be treated as Light Industrial. The parcel in question on the Roaring Fork Ranch project (parcel 239131100013) is also agricultural. Note that the Riley property does have an existing residence on it, and the Cerise project was required to meet the residential noise standard at the residence itself, but not the surrounding agricultural lands. Furthermore, the Colorado Oil and Gas Conservation Commission noise rules, which have been applied to most of the oil and gas projects in Garfield County, also treats agricultural lands as Light Industrial for the purposes of noise impact. r:- COLORADO ¡ WISCONSIN CO phone (303) óóóÐó17 . www.honkordinc.com . Wl phone (ó08) 34Sl445 AI\IKARD Acouitrct À{D VtE¡^lroN CoñsuLtlNc For these reasons, we believe that the parcel located to the west of the proposed Roaring Fork Ranch Soils Processing Facility, the use of which is currently and historically agricultural, should be classified as a Light Industrial noise zone for the pufpose of noise impact. Please let me know if I can be of additional assistance or should provide additional basis for how this property was assessed for noise. Sincerely, I Jeff Cerjan, INCE Senior Acoustical Consultant Attøchments: Reaised Anølysis of Noise from Proposed Cerise Grøael Pit for United Companies (2014) 201-7 -Garfield-Rlll 311 -RPT0L.PD F (Cerise Pr oper ty) 201 B -Garfield-R1l1"597 -RPT?l-.PD F (Riley Property) CC: Mike Hønkørd, HanknrdEnuironmentøl Response to Gorfield County Plonning Stoff Comment on Noise Zones for the Proposed Rooring Fok Ronch Soils Processing Focility 2 Morch 13,2018