HomeMy WebLinkAbout1.00 General Application MaterialsRiver Edge Colorado Planned Unit Development Revocation Application July 25, 2025
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River Edge Colorado
Planned Unit Development Revocation Application
Garfield County, Colorado Parcels 239307300032 and 239307300033
Submitted July 25, 2025 by:
Harvest Roaring Fork, LLC
Contact: Timothy Coltart
5 Tree Farm Drive Basalt, CO 81621
214.578.1314
River Edge Colorado Planned Unit Development Revocation Application July 25, 2025
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River Edge Colorado
Planned Unit Development Revocation Application
Table of Contents
APPLICATION TEAM ............................................................................................................................ 3
PROJECT PURPOSE ............................................................................................................................ 3
SITE LOCATION AND LEGAL DESCRIPTION .......................................................................................... 3
EXISTING SITE CONDITIONS ............................................................................................................... 4
RIVER EDGE COLORADO PUD BACKGROUND AND STATUS .................................................................. 4
COUNTY REQUIREMENT FOR REVOCATION ......................................................................................... 4
REESTABLISHED ZONING CLASSIFICATION ......................................................................................... 5
PROPOSED CONCURRENT PUD APPLICATION ..................................................................................... 6
CONCLUSION .................................................................................................................................... 6
EXHIBITS ........................................................................................................................................... 6
A. LAND USE CHANGE PERMIT APPLICATION FORM
B. TITLE COMMITMENT
C. PARCEL/ZONING MAP
D. STATEMENT OF AUTHORITY AND PAYMENT AGREEMENT FORM
E. MINERAL RIGHTS OWNERS AND NEIGHBORING PROPERTY OWNERS
F. MAY 20, 2025 LETTER FROM GARFIELD COUNTY COMMUNITY DEVELOPMENT
River Edge Colorado Planned Unit Development Revocation Application July 25, 2025
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Application Team
Applicant:
Harvest Roaring Fork, LLC
Contact: Timothy Coltart
909 Lake Carolyn Parkway Suite 150
Irving, TX 75039
214.578.1314
Legal Counsel:
JVAM, PLLC
Contact: Chad J. Lee, Esq.
901 Grand Ave., Suite 201
Glenwood Springs, CO 81601
970.945.8659
Civil Engineering/Survey:
Sopris Engineering
Contact: Yancy Nichol
502 Main St #a-3 Carbondale, CO 81623
970.379.4891
Land Planning:
The Land Studio, Inc.
Contact: Doug Pratte
365 River Bend Way
Glenwood Springs, Colorado 81601
970.927.3690
Project Purpose
This application is submitted on behalf of Harvest Roaring Fork, LLC (“Owner/Developer”) and
respectfully requests the revocation of the existing River Edge Colorado Planned Unit Development
(PUD) and the concurrent reestablishment of the Residential/Suburban (R/S) Zone District for the
property, which was the zone district applied to this land prior to its PUD zoning. This request is
intended to bring the property into alignment with current land use planning policies, regulatory
expectations, and community development goals established by Garfield County.
Site Location and Legal Description
The subject property is located in unincorporated Garfield County, between the Town of
Carbondale and the City of Glenwood Springs, and is positioned west of Colorado State Highway
82, immediately adjacent to Cattle Creek and the Roaring Fork River. The property comprises
approximately 158.9 acres and consists of multiple legally described parcels held in unified
ownership by Harvest Roaring Fork, LLC. The parcels are identified under Garfield County Assessor
Parcel Numbers 239307300032 and 239307300033. A parcel/zoning map is included as an Exhibit
to this application to illustrate current boundaries, the spatial extent of the request, the existing
River Edge Colorado Planned Unit Development Revocation Application July 25, 2025
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PUD zoning, and the reestablished R/S zoning. A Title Commitment with legal descriptions of
Parcel s 239307300032 and 239307300033 is also attached as an Exhibit.
Existing Site Conditions
The site has experienced significant physical disturbance due to development activity initiated
under previous ownership. Prior developers undertook substantial grading and site clearing as part
of eiorts to implement the River Edge Colorado PUD. However, no meaningful construction or
vertical development ever occurred, and no formal subdivision was recorded under the PUD
approvals. As a result, the property today is vacant, with limited remaining features such as
stripped ground surfaces, dirt access routes, and several topsoil stockpiles—all remnants of early-
stage site work that was never completed.
River Edge Colorado PUD Background and Status
In 2001, the BOCC approved the Sanders Ranch PUD, rezoning Parcel 239307300032 and Parcel
239307300033 from an unknown classification to PUD. After 2005, the Preliminary Plan Application
expired along with obligations in the Sanders Ranch PUD Phasing Plan. Thus in 2008, the BOCC
revoked approval for the uncompleted portion of the Sanders Ranch PUD, which included Parcel
239307300032 and Parcel 239307300033, and rezoned these Parcels back to Residential/Suburban
(known as RGSD under the Zoning Resolution of 1978).
In 2011, Carbondale Investments was approved to rezone Parcel 239307300032 and Parcel
239307300033 from R/S to PUD –the River Edge PUD by Resolution No. 2011-84 recorded at
Reception No. 812357 & Resolution No. 11-85 recorded at Reception No. 812356. The River Edge
Preliminary Plan expired in 2014 and the BOCC denied an extension request in 2016 by Resolution
No. 2016-32, recorded at Reception No. 876661. The Development Agreement expired in 2016. The
vested rights, which were granted for 10 years via the Development Agreement, expired in 2021. The
PUD zoning, however, remains in place unless the BOCC or the property owner initiates revocation
of the PUD and reestablishment of previous zoning for the property.
The River Edge Colorado PUD was approved by Garfield County in 2011 with the intent of guiding
development on the site under a master-planned framework. However, that vision was never
realized. Over the last decade, conditions in the Roaring Fork Valley and in Garfield County have
evolved significantly, including changes in housing needs, environmental priorities, infrastructure
capacity, and regional planning strategies. As a result, the 2011 PUD is now considered not only
outdated but also inappropriate for implementation.
County Requirement for Revocation
Garfield County Community Development has also required that the River Edge Colorado PUD be
revoked, recognizing that the framework it established no longer reflects the goals or needs of the
area. The revocation is seen as a necessary step to remove outdated entitlements, resolve
ambiguity in the regulatory status of the property, and create a clean slate for future land use
planning.
River Edge Colorado Planned Unit Development Revocation Application July 25, 2025
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The Garfield County Code is silent on the issue of how to handle zoning classification when a
property is zoned PUD but the underlying conditions for that PUD have expired. Section 6-202(A) of
the LUDC concerns PUD zoning and provides that an “application for PUD zoning is a type of
rezoning.” It further clarifies that “the approved PUD zoning and the approved PUD Plan are
inseparable.” Section 6-202(C). The BOCC retains the right to initiate its own rezoning, or it may be
initiated by the landowner. See section 4-113(A)(2).
However, under Colorado law any rezoning application is subject to the review process outlined in
section 4-102, including most notably a rezoning justification report outlining how the rezoning
comports with the criteria outlined in section 4-113(C) and final approval from the BOCC itself.
The approval of PUDs is governed by Colo. Rev. Stat. Title 24, Article 67. Changes to resolutions
approving a PUD zoning application are governed by C.R.S. 30-28-116 (Regulations may be
amended) which states that zoning regulations may be amended by the BOCC. Any such
amendment shall not be made or become eiective unless the same has been proposed by or is
first submitted for the approval, disapproval, or suggestions of the county planning commission.
Before finally adopting any such amendment, the board of county commissioners shall hold a
public hearing thereon, and at least fourteen days' notice of the time and place of such hearing
shall be given by at least one publication in a newspaper of general circulation in the county. See
Spiker v. City of Lakewood, 603 P.2d 103 (Colo. 1979) (neighboring property owners do not have
vested right in zoning classification).
The factors to be considered by the BOCC on the rezoning application include what zoning
classification comports with surrounding uses and the Comprehensive Plan. Applebaugh v. Board
of County Comm’rs of San Miguel county, State of Colo., 837 P.2d 304, 306–07 (Colo. 1992).
Reestablished Zoning Classification
The prior zoning, or “underlying zoning,” for Parcels 239307300032 and 239307300033 is
Residential/Suburban, which remains consistent with the neighboring uses and the
Comprehensive Plan which was recently updated in 2020. The Comprehensive Plan classifies
Parcel 239307300032 and Parcel 239307300033 as Residential/High. Residential/Suburban (R/S)
and Residential/Urban (R/U) are the only zone districts available in the LUDC that are compatible
with the Comprehensive Plan’s “Residential/High” designation.
Based on the County’s Comprehensive Plan and Future Land Use Map, to apply the zoning
classification consistent with the Comprehensive Plan the County must reestablish the property to
Residential/Urban or Residential/Suburban. Indeed, the Comprehensive Plan and the Future Land
Use Map were amended in 2020 (originally adopted November 2010), which is after the original
2011 rezoning from Residential/Suburban to PUD. The hearing for implementing either zoning
classification would be identical. The Applicant is relying on recommendations from County Stai
in submitting this PUD Revocation Application that the Stai recommends reestablishment of
Residential/Suburban zoning. A letter dated May 20,2025 from Community Development Director
River Edge Colorado Planned Unit Development Revocation Application July 25, 2025
6
Glenn Hartmann confirming the Residential/Suburban zoning recommendation is attached as an
Exhibit.
Proposed Concurrent PUD Application
In tandem with this River Edge Colorado Planned Unit Development Revocation Application,
Harvest Roaring Fork, LLC is submitting a new Planned Unit Development (PUD) Application for the
proposed Harvest Roaring Fork PUD. The intent is to replace the expired and inactive River Edge
Colorado PUD with a modern, purpose-driven land use framework that supports responsible
growth, housing flexibility, environmental stewardship, and consistency with the County’s land use
code and future land use for the property. This River Edge Colorado PUD Revocation Application
and the proposed Harvest Roaring Fork PUD Application are being submitted and processed
concurrently and are intended to be reviewed simultaneously by Garfield County.
Conclusion
In summary, and in accordance with the direction and requirements of Garfield County Community
Development, Harvest Roaring Fork, LLC requests the full revocation of the River Edge Colorado
PUD, which is expressly contingent upon the reestablishment of the Residential/Suburban (R/S) or
Residential/Urban (R/U) zone district for the property. This action will clear the way for a new,
coordinated planning approach that meets current land use standards, clarifies development
entitlements, supports the long-term planning vision for this portion of the Roaring Fork Valley, and
allows the Harvest Roaring Fork PUD Application to move forward.
Exhibits
A. Land Use Change Permit Application Form
B. Title Commitment
C. Parcel/Zoning Map
D. Statement of Authority and Payment Agreement Form
E. Mineral Rights Owners and Neighboring Property Owners
F. May 20, 2025 Letter from Garfield County Community Development
Exhibit A
Land Use Change Permit Application Form
Garfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
TYPE OF APPLICATION .
□Administrative Review
Dlimited Impact Review
□Major Impact Review
0Amendments to an CJ roved LUCP
DuR DM1R sup
0Minor Temporary Housing Facility
□vacation of a County Road/Public ROW
□Location and Extent Review
□comprehensive Plan Amendmen~
□Pipeline Development
D Development in 100-Year Floodplain
D Development in 100-Year Floodplain Variance
D Code Text Amendment
□Rezoning
Ozone District OPUD OPUD Amendment
□Administrative Interpretation
□Appeal of Administrative Interpretation
□Areas and Activities of State Interest
□Accommodation Pursuant to Fair Housing Act
□Variance
LJrime Extension (also check type of original application)
ee, Pv D \2....e..v oc..o..."t'i c""'
INVOLVED PARTIES
Owner/Applicant
Name: Harvest Roaring Fork LLC Phone: ( )
Mailing Address: 909 Lake Carolyn Parkway Suite 150
City: Irving State: TX Zip Code: 76059
E-mail:
Representative (Authorization Required)
Name: Timothy Coltart Phone: ( 214 )5781314
Mailing Address: 909 Lake Carolyn Parkway Suite 150
City: Irving State: TX Zip Code : 76059
E-mail: timcoltart@realtycapital.com
PROJECT NAME AND LOCATION
, .• '"
Project Name:
Harvest Roaring Fork LLC
~-:!>._., -& -O• 3 -E)O -0 ';i;:2-
Assessor's Parcel Number: Z~G\3 -07 3 -o0 -0~3
Physical/Street Address: 7215 CO 82 Glenwood Springs, 81601
Legal Description: See attached
Zone District: River's Edge PUD Property Size (acres): 159• 16
PROJECT DESCRIPTION ..
Existing Use:
Proposed Use (From Use Table 3-403): -=========================================-
Description of Project: ___________________________ _
For Appeal of Administrative Interpretation please include:
1. The Decision you are appealing.
2. The date the Decision was sent as specified in the notice (date mailed).
3. The nature of the decision and the specified ground for appeal. Please cite specific code sections
and/or relevant documentation to support your request.
4. The appropriate appeal fee of $250.00.
5. Please note a completed Appeal Application and fees must be received within 30 calendar days
of the date of the final written Administrative lnteroretation.
REQUEST FOR WAIVERS
. ....
Submission Requirements
□ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:
Section: Section:
Section: Section :
Waiver of Standards
□ The Applicant is requesting a Waiver of Standards per Se ction 4-118. List:
Section: Section:
Section : Section :
I have read the statements bove and have provided the required attached information which is
o tli es of my knowledge.
Signature of Property Owner or Authorized Representative, Title Date
OFFICIAL USE ONLY
File Number: _______ _ Fee Paid:$ ___________ _
..
Exhibit B
Title Commitment
JVAM LAW
ATTN: CHAD J LEE
PO BOX 878
901 GRAND AVE #201
GLENWOOD SPRINGS, CO 81601
Reference
Your Reference Number:
Our Order Number:63022023
Our Customer Number:86861.4
Invoice (Process) Date:07/24/2025
Transaction Invoiced By:George Rietsch
Email Address:grietsch@ltgc.com
INVOICE
Land Title Guarantee Company
5975 Greenwood Plaza Blvd Suite 125
Greenwood Village, CO 80111
(303) 270-0445
Tax ID: 84-0572036
Invoice Number:GWS-6296
Property Address:TBD (VACANT LAND), GLENWOOD SPRINGS, CO 81601
Parties:A BUYER TO BE DETERMINED
- Charges -
"TBD" Commitment $279.00
Amount Credited $0.00
Total Invoice Amount $279.00
Total Amount Due $279.00
Payment due upon receipt
Please reference Invoice No. GWS-6296 on payment
Please make check payable and send to:
Land Title Guarantee Company
5975 Greenwood Plaza Blvd Suite 125
Greenwood Village, CO 80111
Form 1128 accounting/invoice.html 63022023
(34199595)
Customer Distribution
Prevent fraud - Please call a member of our closing team for wire transfer
instructions or to initiate a wire transfer. Note that our wiring instructions will
never change.
Order Number: ABS63022023 Date: 07/24/2025
Property Address: TBD (VACANT LAND), GLENWOOD SPRINGS, CO 81601
For Closing Assistance For Title Assistance
George Rietsch
5975 GREENWOOD PLAZA
BLVD
GREENWOOD VILLAGE, CO
80111
(303) 850-4151 (Work)
grietsch@ltgc.com
Seller/Owner
HARVEST ROARING FORK LLC
Delivered via: Delivered by Attorney
Attorney for Seller
JVAM LAW
Attention: CHAD J LEE
PO BOX 878
901 GRAND AVE #201
GLENWOOD SPRINGS, CO 81601
(970) 893-8242 (Cell)
(970) 922-2122 (Work)
chad@jvamlaw.com
laurel@jvamlaw.com
genevieve@jvamlaw.com
Delivered via: Electronic Mail
Estimate of Title Fees
Order Number: ABS63022023 Date: 07/24/2025
Property Address: TBD (VACANT LAND), GLENWOOD SPRINGS, CO 81601
Seller(s): HARVEST ROARING FORK, LLC, A TEXAS LIMITED LIABILITY COMPANY
Buyer(s): A BUYER TO BE DETERMINED
Thank you for putting your trust in Land Title. Below is the estimate of title fees for the
transaction. The final fees will be collected at closing. Visit ltgc.com to learn more about
Land Title.
Estimate of Title Insurance Fees
"TBD" Commitment $279.00
TOTAL $279.00
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 documents on your property.
Chain of Title Documents:
Garfield county recorded 03/12/2024 under reception no. 994230
Property Address:
TBD (VACANT LAND), GLENWOOD SPRINGS, CO 81601
1.Effective Date:
07/03/2025 at 5:00 P.M.
2.Policy to be Issued and Proposed Insured:
"TBD" Commitment
Proposed Insured:
A BUYER TO BE DETERMINED
$0.00
3.The estate or interest in the land described or referred to in this Commitment and covered herein is:
FEE SIMPLE
4.Title to the estate or interest covered herein is at the effective date hereof vested in:
HARVEST ROARING FORK, LLC, A TEXAS LIMITED LIABILITY COMPANY
5.The Land referred to in this Commitment is described as follows:
PARCEL A: (NORTH PARCEL)
A TRACT OF LAND SITUATED IN THE EAST HALF OF SECTION 12,
TOWNSHIP 7 SOUTH, RANGE 89 WEST,
AND IN THE WEST HALF OF SECTION 7,
TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN,
COUNTY OF GARFIELD, STATE OF COLORADO,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE THE GARFIELD COUNTY SURVEYOR'S 2 1/2" BRASS CAP,
FOUND IN PLACE AND CORRECTLY MARKED AS THE SOUTHEAST CORNER OF SAID SECTION 7 BEARS
S49°22'15' E A DISTANCE OF 5479.54 FEET;
THENCE, S 89°43'30" E A DISTANCE OF 1005.44 FEET TO A POINT ON THE WESTERLY LINE OF THE
ROARING FORK TRANSIT AUTHORITY TRANSPORTATION CORRIDOR EASEMENT;
THENCE, ALONG THE WESTERLY LINE OF SAID EASEMENT S 19°38'52" E A DISTANCE OF 2644.53 FEET;
THENCE, 494.34 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 2815.00
FEET,
A CENTRAL ANGLE OF 10°03'42" AND SUBTENDING A CHORD BEARING OF S 14°37'01" E
A DISTANCE OF 493.70 FEET;
THENCE, S 09°35'09" E A DISTANCE OF 120.78 FEET;
THENCE, DEPARTING THE WESTERLY LINE OF SAID EASEMENT N 65°36'14" W
A DISTANCE OF 60.45 FEET;
THENCE, N 49°54'10" W A DISTANCE OF 64.72 FEET;
THENCE, N 49°54'10" W A DISTANCE OF 86.97 FEET;
THENCE, N 48°11'10" W A DISTANCE OF 54.30 FEET;
THENCE, N 56°47'27" W A DISTANCE OF 123.97 FEET;
THENCE, N 83°47'24" W A DISTANCE OF 93.00 FEET;
THENCE, N 29°35'31" W A DISTANCE OF 119.58 FEET;
THENCE, N 78°00'43" W A DISTANCE OF 33.84 FEET;
THENCE, S 79°41'48" W A DISTANCE OF 37.80 FEET;
THENCE, S 22°57'52" W A DISTANCE OF 56.05 FEET;
THENCE, S 59°31'57" W A DISTANCE OF 45.48 FEET;
THENCE, N 82°32'35" W A DISTANCE OF 28.23 FEET;
THENCE, N 59°07'03" W A DISTANCE OF 95.71 FEET;
THENCE, N 71°20'44" W A DISTANCE OF 85.73 FEET;
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:ABS63022023
THENCE, N 36°43'10" W A DISTANCE OF 93.22 FEET;
THENCE, N 25°39'22" W A DISTANCE OF 181.92 FEET;
THENCE, N 65°10'24" W A DISTANCE OF 98.43 FEET;
THENCE, S 85°02'33" W A DISTANCE OF 52.20 FEET;
THENCE, S 56°33'52" W A DISTANCE OF 39.34 FEET;
THENCE, S 20°49'33" W A DISTANCE OF 42.96 FEET;
THENCE, S 37°27'43" E A DISTANCE OF 21.60 FEET;
THENCE, N 77°02'57" W A DISTANCE OF 89.66 FEET;
THENCE, S 70°24'18" W A DISTANCE OF 70.95 FEET;
THENCE, N 88°59'39" W A DISTANCE OF 55.55 FEET;
THENCE, S 84°28'58" W A DISTANCE OF 49.93 FEET;
THENCE, N 14°22'48" E A DISTANCE OF 68.20 FEET;
THENCE, N 05°11'46" W A DISTANCE OF 77.59 FEET;
THENCE, N 18°20'05" E A DISTANCE OF 10.82 FEET;
THENCE, N 22°53'40" E A DISTANCE OF 44.14 FEET;
THENCE, N 10°34'58" E A DISTANCE OF 35.11 FEET;
THENCE, N 08°59'51" E A DISTANCE OF 47.16 FEET;
THENCE, N 03°48'08" E A DISTANCE OF 36.48 FEET;
THENCE, N 04°40'52" E A DISTANCE OF 71.03 FEET;
THENCE, N 07°37'51" E A DISTANCE OF 54.66 FEET;
THENCE, N 29°28'14" W A DISTANCE OF 63.68 FEET;
THENCE, N 32°00'44" W A DISTANCE OF 61.05 FEET;
THENCE, N 26°17'29" W A DISTANCE OF 55.52 FEET;
THENCE, N 38°14'26" W A DISTANCE OF 44.36 FEET;
THENCE, N 53°11'32" W A DISTANCE OF 37.73 FEET;
THENCE, N 59°54'48" W A DISTANCE OF 54.16 FEET;
THENCE, N 87°51'35" W A DISTANCE OF 36.97 FEET;
THENCE, N 57°33'47" W A DISTANCE OF 65.70 FEET;
THENCE, N 81°56'22" W A DISTANCE OF 85.02 FEET;
THENCE, N 04°11'29" W A DISTANCE OF 158.65 FEET;
THENCE, N 35°50'41" W A DISTANCE OF 41.30 FEET;
THENCE, N 54°46'03" W A DISTANCE OF 24.70 FEET;
THENCE, N 28°51'45" W A DISTANCE OF 209.99 FEET;
THENCE, N 11°58'37" W A DISTANCE OF 33.82 FEET;
THENCE, N 41°03'46" E A DISTANCE OF 78.19 FEET;
THENCE, N 06°29'01" W A DISTANCE OF 117.20 FEET;
THENCE, N 20°05'27" W A DISTANCE OF 94.24 FEET;
THENCE, N 11°32'03" W A DISTANCE OF 63.83 FEET;
THENCE, N 07°57'46" W A DISTANCE OF 141.45 FEET;
THENCE, N 09°56'14" E A DISTANCE OF 50.76 FEET;
THENCE, N 19°17'44" W A DISTANCE OF 91.04 FEET;
THENCE, N 44°41'59" W A DISTANCE OF 134.55 FEET;
THENCE, N 19°23'49" W A DISTANCE OF 74.18 FEET;
THENCE, N 19°33'06" W A DISTANCE OF 43.27 FEET;
THENCE, N 21°30'01" W A DISTANCE OF 72.23 FEET;
THENCE, N 00°16'30" E A DISTANCE OF 217.77 FEET;
THENCE, N 00°16'30" E A DISTANCE OF 312.94 FEET TO THE POINT OF BEGINNING,
COUNTY OF GARFIELD, STATE OF COLORADO.
PARCEL B: (SOUTH PARCEL)
A TRACT OF LAND SITUATED IN THE EAST HALF OF SECTION 12,
TOWNSHIP 7 SOUTH, RANGE 89 WEST,
AND IN THE WEST HALF OF SECTION 7 AND THE NORTH HALF OF SECTION 18,
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:ABS63022023
TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN,
COUNTY OF GARFIELD, STATE OF COLORADO,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY 82,
WHENCE A 2 1/2" BRASS CAP, FOUND IN PLACE AND CORRECTLY MARKED AS THE SOUTHEAST
CORNER OF SAID SECTION 7, BEARS S 78°49'20" E A DISTANCE OF 2150.14 FEET;
THENCE, ALONG SAID RIGHT OF WAY LINE S 09°35'09" E A DISTANCE OF 401.79 FEET;
THENCE, S 09°35'09" E A DISTANCE OF 1545.87 FEET;
THENCE, 626.05 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1482.50 FEET,
A CENTRAL ANGLE OF 24°11'44" AND SUBTENDING A CHORD BEARING OF S 21°41'02" E A DISTANCE
OF 621.41 FEET;
THENCE, S 33°46'54" E A DISTANCE OF 387.28 FEET;
THENCE, 294.32 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 2815.00
FEET,
A CENTRAL ANGLE OF 5°59'26" AND SUBTENDING A CHORD BEARING OF S 30°47'11" E A DISTANCE OF
294.19 FEET;
THENCE, DEPARTING SAID RIGHT OF WAY LINE N 89°53'16" W A DISTANCE OF 218.07 FEET;
THENCE, N 40°23'30" W A DISTANCE OF 69.38 FEET;
THENCE, S 87°28'29" W A DISTANCE OF 36.35 FEET;
THENCE, S 83°52'12" W A DISTANCE OF 10.80 FEET;
THENCE, N 58°27'19" W A DISTANCE OF 41.45 FEET;
THENCE, N 29°51'31" W A DISTANCE OF 8.28 FEET;
THENCE, N 24°16'24" W A DISTANCE OF 25.22 FEET;
THENCE, N 69°00'53" W A DISTANCE OF 9.87 FEET;
THENCE, S 87°31'44" W A DISTANCE OF 22.60 FEET;
THENCE, N 57°25'01" W A DISTANCE OF 17.28 FEET;
THENCE, N 50°09'49" W A DISTANCE OF 26.07 FEET;
THENCE, N 46°21'12" W A DISTANCE OF 9.99 FEET;
THENCE, N 44°28'05" W A DISTANCE OF 21.45 FEET;
THENCE, N 55°50'08" W A DISTANCE OF 49.05 FEET;
THENCE, N 56°25'40" W A DISTANCE OF 49.94 FEET;
THENCE, N 68°12'23" W A DISTANCE OF 36.45 FEET;
THENCE, N 46°54'04" W A DISTANCE OF 55.18 FEET;
THENCE, N 68°49'21" W A DISTANCE OF 25.14 FEET;
THENCE, N 47°41'50" W A DISTANCE OF 78.78 FEET;
THENCE, N 30°26'40" W A DISTANCE OF 24.58 FEET;
THENCE, N 25°47'01" W A DISTANCE OF 30.08 FEET;
THENCE, N 18°11'39" W A DISTANCE OF 34.61 FEET;
THENCE, N 30°58'21" W A DISTANCE OF 29.32 FEET;
THENCE, N 21°59'14" W A DISTANCE OF 27.50 FEET;
THENCE, N 30°16'07" W A DISTANCE OF 22.97 FEET;
THENCE, N 25°41'38" W A DISTANCE OF 169.44 FEET;
THENCE, N 41°17'39" E A DISTANCE OF 82.61 FEET;
THENCE, N 38°34'52" E A DISTANCE OF 15.89 FEET;
THENCE, N 34°26'44" W A DISTANCE OF 262.40 FEET;
THENCE, N 57°58'09" W A DISTANCE OF 102.47 FEET;
THENCE, N 53°43'31" W A DISTANCE OF 105.38 FEET;
THENCE, N 55°58'11" W A DISTANCE OF 126.13 FEET;
THENCE, N 56°14'57" W A DISTANCE OF 118.42 FEET;
THENCE, N 49°16'04" W A DISTANCE OF 136.33 FEET;
THENCE, N 44°30'51" W A DISTANCE OF 150.05 FEET;
THENCE, N 32°49'55" W A DISTANCE OF 102.14 FEET;
THENCE, N 37°44'19" W A DISTANCE OF 552.12 FEET;
THENCE, N 18°10'02" W A DISTANCE OF 47.26 FEET;
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:ABS63022023
THENCE, N 27°58'19" W A DISTANCE OF 109.20 FEET;
THENCE, N 35°01'36" W A DISTANCE OF 71.09 FEET;
THENCE, N 41°32'47" W A DISTANCE OF 152.23 FEET;
THENCE, N 40°22'24" W A DISTANCE OF 339.82 FEET;
THENCE, N 64°20'53" W A DISTANCE OF 34.06 FEET;
THENCE, N 45°00'36" W A DISTANCE OF 52.42 FEET;
THENCE, N 44°53'41" W A DISTANCE OF 154.66 FEET;
THENCE, N 32°35'48" W A DISTANCE OF 86.59 FEET;
THENCE, N 57°01'32" W A DISTANCE OF 44.89 FEET;
THENCE, N 30°33'12" W A DISTANCE OF 85.72 FEET;
THENCE, N 37°39'02" W A DISTANCE OF 79.09 FEET;
THENCE, N 37°32'30" W A DISTANCE OF 63.32 FEET;
THENCE, N 20°02'15" W A DISTANCE OF 33.98 FEET;
THENCE, N 39°52'25" W A DISTANCE OF 42.02 FEET;
THENCE, N 25°36'04" W A DISTANCE OF 107.17 FEET;
THENCE, N 30°34'08" W A DISTANCE OF 164.72 FEET;
THENCE, N 11°39'01" W A DISTANCE OF 107.90 FEET;
THENCE, N 24°56'06" E A DISTANCE OF 163.60 FEET;
THENCE, N 63°39'33" E A DISTANCE OF 177.81 FEET;
THENCE, N 83°14'43" E A DISTANCE OF 393.54 FEET;
THENCE, N 07°15'26" W A DISTANCE OF 21.79 FEET;
THENCE, N 80°51'11" E A DISTANCE OF 50.00 FEET;
THENCE, N 89°15'06" E A DISTANCE OF 65.56 FEET;
THENCE, N 57°50'04" E A DISTANCE OF 50.12 FEET;
THENCE, S 84°51'15" E A DISTANCE OF 33.08 FEET;
THENCE, S 81°39'50" E A DISTANCE OF 89.61 FEET;
THENCE, N 56°07'00" E A DISTANCE OF 26.86 FEET;
THENCE, N 07°38'31" E A DISTANCE OF 27.93 FEET;
THENCE, N 37°41'57" W A DISTANCE OF 28.06 FEET;
THENCE, N 50°00'15" E A DISTANCE OF 22.23 FEET;
THENCE, N 82°02'30" E A DISTANCE OF 36.49 FEET;
THENCE, S 63°34'38" E A DISTANCE OF 54.05 FEET;
THENCE, S 45°59'58" E A DISTANCE OF 20.95 FEET;
THENCE, S 14°44'20" E A DISTANCE OF 29.18 FEET;
THENCE, S 11°11'17" W A DISTANCE OF 26.42 FEET;
THENCE, S 14°58'41" E A DISTANCE OF 30.14 FEET;
THENCE, S 43°42'10" E A DISTANCE OF 69.77 FEET;
THENCE, S 31°36'59" E A DISTANCE OF 56.76 FEET;
THENCE, S 49°38'46" E A DISTANCE OF 40.12 FEET;
THENCE, S 45°30'55" E A DISTANCE OF 40.88 FEET;
THENCE, S 60°16'38" E A DISTANCE OF 43.39 FEET;
THENCE, S 73°16'24" E A DISTANCE OF 67.60 FEET;
THENCE, S 53°05'15" E A DISTANCE OF 15.86 FEET;
THENCE, S 63°37'30" E A DISTANCE OF 52.31 FEET;
THENCE, S 83°28'21" E A DISTANCE OF 46.95 FEET;
THENCE, N 86°20'27" E A DISTANCE OF 61.04 FEET;
THENCE, N 31°59'09" E A DISTANCE OF 47.07 FEET;
THENCE, N 06°58'38" E A DISTANCE OF 32.16 FEET;
THENCE, N 72°08'07" E A DISTANCE OF 7.98 FEET;
THENCE, S 24°51'03" E A DISTANCE OF 72.35 FEET;
THENCE, S 41°52'47" E A DISTANCE OF 50.71 FEET;
THENCE, S 54°44'21" E A DISTANCE OF 38.31 FEET;
THENCE, S 83°39'39" E A DISTANCE OF 87.15 FEET;
THENCE, S 57°11'12" E A DISTANCE OF 77.06 FEET;
THENCE, S 41°51'16" E A DISTANCE OF 88.65 FEET;
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:ABS63022023
Copyright 2006-2025 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the
American Land Title Association.
THENCE, S 57°39'13" E A DISTANCE OF 65.60 FEET;
THENCE, S 49°55'38" E A DISTANCE OF 74.96 FEET;
THENCE, S 61°04'52" E A DISTANCE OF 43.44 FEET;
THENCE, S 71°46'03" E A DISTANCE OF 55.45 FEET TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD, STATE OF COLORADO.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:ABS63022023
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: ABS63022023
All of the following Requirements must be met:
This proposed Insured 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.
THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO.
This commitment does not republish any covenants, condition, restriction, or limitation contained in any
document referred to in this commitment to the extent that the specific covenant, conditions, restriction,
or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, 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 affecting the Title that
would be disclosed by an accurate and complete land survey of the Land and not shown by the Public
Records.
4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by
law and not shown by the Public Records.
5.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.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
8.EXISTING LEASES AND TENANCIES.
9.RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN
UNITED STATES PATENTS RECORDED:
JUNE 24, 1893 IN BOOK 12 AT PAGE 235,
NOVEMBER 19, 1893 IN BOOK 12 AT PAGE 255,
JANUARY 24, 1906 IN BOOK 56 AT PAGE 534.
10.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES AS RESERVED IN UNITED STATES PATENTS RECORDED:
JUNE 24, 1893 IN BOOK 12 AT PAGE 235,
NOVEMBER 17, 1893 IN BOOK 12 AT PAGE 255,
JANUARY 24, 1906 IN BOOK 56 AT PAGE 534.
11.RIGHT OF WAY FOR AN IRRIGATION DITCH GRANTED BY CHAS. TRAUTMAN ET AL TO THE GLENWOOD
IRRIGATION COMPANY RECORDED JUNE 17, 1901 IN BOOK 44 AT PAGE 457 AND INSTRUMENT
RECORDED AUGUST 27, 1945 IN BOOK 217 AT PAGE 150.
12.RIGHT OF WAY GRANTED FROM C.C. CHASE TO THE MOUNTAIN STATES TELEPHONE AND
TELEGRAPH COMPANY OVER AND ACROSS LOTS 6 AND 9, SECTION 7, TOWNSHIP 7 SOUTH, RANGE
88 WEST OF THE SIXTH PRINCIPAL MERIDIAN RECORDED JULY 13, 1931 IN BOOK 164 AT PAGE 153
AND IN BOOK 164 AT PAGE 154.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: ABS63022023
13.AN UNDIVIDED ONE-FIFTIETH OF ALL OIL AND GAS LYING IN AND UNDER THE LANDS HEREIN
DESCRIBED AS RESERVED IN INSTRUMENT RECORDED JUNE 12, 1951 IN BOOK 258 AT PAGE 594, AND
ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
14.RESERVATION OF A SIX AND ONE-FOURTH PERCENT ROYALTY, IN PERPETUITY, FREE OF ALL COSTS
OF PRODUCTION, FROM AND OUT OF ALL THE OIL, GAS AND OTHER MINERALS PRODUCED FROM
SUBJECT PROPERTY AS CONVEYED IN INSTRUMENT RECORDED DECEMBER 17, 1964 IN BOOK 362 AT
PAGE 445, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
15.RIGHT OF WAY EASEMENT GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. RECORDED
NOVEMBER 22, 1966 IN BOOK 380 AT PAGE 234.
16.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED AUGUST 19, 1994 IN BOOK 912
AT PAGE 970.
17.TERMS, CONDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS RESERVED IN
INSTRUMENT RECORDED AUGUST 11, 1998 IN BOOK 1082 AT PAGE 903
18.TERMS, CONDITIONS, PROVISIONS, RESTRICTIONS, EASEMENTS AND RIGHTS OF WAY AS
CONTAINED IN EASEMENT GRANT RECORDED AUGUST 2, 1999 IN BOOK 1142 AT PAGE 963 AND
AMENDED EASEMENT RECORDED NOVEMBER 15, 2000 IN BOOK 1217 AT PAGE 588.
19.TERMS, CONDITIONS, PROVISIONS, RESTRICTIONS, EASEMENTS AND RIGHTS OF WAY AS
CONTAINED IN LICENSE GRANTS RECORDED AUGUST 2, 1999 IN BOOK 1142 AT PAGE 979 AND AT
PAGE 993 AND AMENDMENTS RECORDED NOVEMBER 15, 2000 IN BOOK 1217 AT PAGE 596 AND IN
BOOK 1217 AT PAGE 601.
20.TERMS, CONDITIONS,RESTRICTIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN
EASEMENT RECORDED AUGUST 2, 1999 IN BOOK 1143 AT PAGE 1 AND AMENDED EASEMENT
RECORDED NOVEMBER 15, 2000 IN BOOK 1217 AT PAGE 593.
21.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED DECEMBER 15, 1999 IN BOOK
1164 AT PAGE 818.
22.EASEMENTS, RIGHTS OF WAY, TERMS, CONDITIONS AND PROVISIONS OF CONSERVATION
EASEMENT RECORDED FEBRUARY 07, 2000 IN BOOK 1171 AT PAGE 929 AND MAP RECORDED
DECEMBER 24, 2008 AT RECEPTION NO. 760571 AND CORRECTED MAP RECORDED JANUARY 22, 2011
AT RECEPTION NO. 804200.
23.TERMS, CONDITIONS AND PROVISIONS OF DITCH RELOCATION AGREEMENT RECORDED OCTOBER
03, 2001 IN BOOK 1292 AT PAGE 61 AND FIRST AMENDMENT RECORDED JANUARY 26, 2011 AT
RECEPTION NO. 798017 AND RELATED QUIT CLAIM DEED RECORDED JANUARY 26, 2011 AT
RECEPTION NO. 798018.
24.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MAY 20, 2002 IN BOOK 1356 AT
PAGE 375.
25.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2007-115 RECORDED NOVEMBER 19,
2007 AT RECEPTION NO. 737576.
26.TERMS, CONDITIONS AND PROVISIONS OF PRE INCLUSION AGREEMENT RECORDED DECEMBER 11,
2007 AT RECEPTION NO. 738957.
27.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2008-112 RECORDED OCTOBER 07, 2008
AT RECEPTION NO. 756914.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: ABS63022023
28.TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT AGREEMENT RECORDED
DECEMBER 22, 2008 AT RECEPTION NO. 760451.
29.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND
GRANTED IN UTILITY EASEMENT AGREEMENT RECORDED DECEMBER 17, 2010 UNDER RECEPTION
NO. 795965.
30.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND
GRANTED IN EASEMENT RECORDED JANUARY 26, 2011 UNDER RECEPTION NO. 798016.
31.TERMS, RESERVATIONS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS, AND EASEMENTS AS
SET FORTH AND GRANTED IN SPECIAL WARRANTY DEED RECORDED APRIL 22, 2011, UNDER
RECEPTION NO. 801662, AS AMENDED BY SPECIAL WARRANTY CORRECTION DEED RECORDED JUNE
22, 2011, UNDER RECEPTION NO. 804201.
32.TERMS, CONDITIONS, PROVISIONS, BURDENS, AND OBLIGATIONS AS OUTLINED IN RESOLUTION NO.
2011-84 AND 2011-85 APPROVAL OF PRELIMINARY DEVELOPMENT PLAN RECORDED DECEMBER 22,
2011, UNDER RECEPTION NO. 812356 AND 812357. AMENDMENT TO DEVELOPMENT AGREEMENT
RECORDED NOVEMBER 22, 2016, UNDER RECEPTION NO. 885552.
33.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS, AND NOTES ON THE MAPS
OF RIVER EDGE COLORADO RECORDED JANUARY 05, 2012, UNDER RECEPTION NO. 812801 AND
UNDER RECEPTION NO. 812802.
34.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN PRE-INCLUSION
AGREEMENT RECORDED JULY 25, 2012 UNDER RECEPTION NO. 821791.
35.TERMS, CONDITIONS, AND PROVISIONS OF RESOLUTION NO. PC 2012-04 RECORDED JULY 26, 2012,
AT RECEPTION NO. 821852 AND RE-RECORDED AUGUST 14, 201,2 AT RECEPTION NO. 822730.
36.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN MEMORANDUM
OF UNDERSTANDING RECORDED OCTOBER 02, 2012 UNDER RECEPTION NO. 824971.
37.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2016-33 RECORDED MAY 02, 2016 AT
RECEPTION NO. 876658.
38.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2016-32 RECORDED JUNE 02, 2016 AT
RECEPTION NO. 876661.
39.TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF WATER ALLOTMENT CONTRACT
RECORDED JUNE 06, 2016 AT RECEPTION NO. 878102.
40.ANY QUESTION, DISPUTE OR ADVERSE CLAIMS AS TO ANY LOSS OR GAIN OF LAND AS A RESULT OF
ANY CHANGE IN THE RIVER BED LOCATION BY NATURAL OR OTHER THAN NATURAL CAUSES, OR
ALTERATION THROUGH ANY CAUSE, NATURAL OR UNNATURAL, OF THE CENTER THREAD, BANK,
CHANNEL OR FLOW OF WATERS IN THE ROARING FORK RIVER LYING WITHIN SUBJECT LAND; AND
ANY QUESTION AS TO THE LOCATION OF SUCH CENTER THREAD, BED, BANK OR CHANNEL AS A
LEGAL DESCRIPTION MONUMENT OR MARKER FOR PURPOSES OF DESCRIBING OR LOCATING
SUBJECT LANDS, AS DISCLOSED ON ALTA/NSPS LAND TITLE SURVEY CERTIFIED DECEMBER 22,
2023, PREPARED BY TUTTLE SURVEYING SERVICES.
41.ANY RIGHTS OR INTERESTS OF THIRD PARTIES WHICH EXIST OR ARE CLAIMED TO EXIST IN AND
OVER THE PRESENT AND PAST BED, BANKS OR WATERS OF CATTLE CREEK AND GLENWOOD DITCH,
AS DISCLOSED ON ALTA/NSPS LAND TITLE SURVEY CERTIFIED DECEMBER 22, 2023, PREPARED BY
TUTTLE SURVEYING SERVICES
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: ABS63022023
42.TERMS, CONDITIONS AND PROVISIONS OF SHARE ASSIGNMENT AND STOCK POWER RECORDED
MARCH 12, 2024 UNDER RECEPTION NO. 994233.
43.TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF WATER ALLOTMENT CONTRACT
RECORDED MARCH 12, 2024 UNDER RECEPTION NO. 994234.
44.TERMS, CONDITIONS AND PROVISIONS OF ASSIGNMENT AND ASSUMPTION OF ADVANCE AND
REIMBURSEMENT AGREEMENT RECORDED MARCH 12, 2024 UNDER RECEPTION NO. 994235.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: ABS63022023
Land Title Guarantee Company
Disclosure Statements
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
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 Insurance 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:
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 10-11-123, notice is hereby given:
The Subject real property may be located in a special taxing district.(A)
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 instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real
property).
(B)
The information regarding special districts and the boundaries of such districts may be obtained from the Board of
County Commissioners, the County Clerk and Recorder, or the County Assessor.
(C)
The land described in Schedule A of this commitment must be a single family residence which includes a
condominium or townhouse unit.
(A)
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.
(B)
The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and
material-men's liens.
(C)
The Company must receive payment of the appropriate premium.(D)
If 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 Indemnity Agreements satisfactory to the company, and, any
additional requirements as may be necessary after an examination of the aforesaid information by the Company.
(E)
Landlttle·
GUARANTEE COMPANY
-i11ce1967-
This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface
estate, in Schedule B-2.
Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may
include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance
company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for
the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award
payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of
Regulatory Agencies.
Note: Pursuant to Colorado Division of Insurance 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.
Note: Pursuant to CRS 24-21-514.5, Colorado notaries may remotely notarize real estate deeds and other documents
using real-time audio-video communication technology. You may choose not to use remote notarization for any
document.
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
(A)
That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
(B)
Joint Notice of Privacy Policy of
Land Title Guarantee Company
Land Title Insurance Corporation and
Old Republic National Title Insurancy Company
This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance
Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state
privacy laws. Information 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 your non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information 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 obtain either directly from those entities, or from
our affiliates and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows:
We restrict access to all Personal Information about you to those employees who need to know that information in
order to provide products and services to you.
We may share your Personal Information with affiliated contractors or service providers who provide services in the
course of our business, but only to the extent necessary for these providers to perform their services and to
provide these services to you as may be required by your transaction.
We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your
Personal Information 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
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT
IS NOT STATED ABOVE OR PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We
may disclose your Personal Information 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 Information 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.
Commitment For Title Insurance
Issued by Old Republic National Title Insurance Company
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS 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, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION
OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO 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 I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance
Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is
effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the
specified dollar amount as the Proposed Policy Amount and t he name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met
within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end.
COMMITMENT CONDITIONS
1. DEFINITIONS
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates
and the Company’s liability and obligation end.
3. The Company’s liability and obligation is limited by and this Commitment is not valid without:
4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or
other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The
Company shall not be liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
i. comply with the Schedule B, Part I—Requirements;
ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
“Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a)
“Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any
property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues,
alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
(b)
“Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c)
“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 this Commitment.
(d)
“Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e)
“Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this
Commitment.
(f)
“Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters
relating to real property to purchasers for value and without Knowledge.
(g)
“Title”: The estate or interest described in Schedule A.(h)
the Notice;(a)
the Commitment to Issue Policy;(b)
the Commitment Conditions;(c)
Schedule A;(d)
Schedule B, Part I—Requirements; and(e)
Schedule B, Part II—Exceptions; and(f)
a counter-signature by the Company or its issuing agent that may be in electronic form.(g)
The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the
Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed
Insured’s good faith reliance to:
(a)
The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the
matter and did not notify the Company about it in writing.
(b)
The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the
Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
(c)
The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment
Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(d)
The Company shall not be liable for the content of the Transaction Identification Data, if any.(e)
In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements
have been met to the satisfaction of the Company.
(f)
In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g)
Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a)
Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b)
Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject
matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral,
express or implied, relating to the subject matter of this Commitment.
(c)
1 ~
* * 1f ~ * G{ * i( ..
lf--1(
* .. *
I _I I
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the
Company’s agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma
policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.
9. ARBITRATION
The Policy contains 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 Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at
http://www.alta.org/arbitration.
IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown
in Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
Issued by:
Land Title Guarantee Company
3033 East First Avenue Suite 600
Denver, Colorado 80206
303-321-1880
Craig B. Rants, Senior Vice President
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II
—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) 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.
The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the
terms and provisions of this Commitment or the Policy.
(d)
Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e)
When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f)
Exhibit C
Parcel/Zoning Map
239501400087
2395 12401005
239512401006
239512401007
1
1 239512401008
Rural
(R)
12
Re sidential/Subur ban
(RS)
Parcel239307300032
(73AC.±)
Existing River Edge
PUD Zoning to be
revoked in this parcel
and
Resi dential/Suburban
Zoning to be
reestablished
239307300032
Pl anne d Unit De v el opment
(PUD)
2395 01400161
Parcel239307300033
(85.9 AC.±)
Existing River Edge
PUD Zoning to be
revoked in this parcel
and
Residential/Suburban
Zoning to be
reestablished
239307300033
Official Zone District Map
Garflel~!_~nty, CO
-Public Lands
Rural
-I ndus trial
-Comm erclaVGeneral
-Comm c r ci;,VLimit cd
-Planned Unit Development
' '
___ J
I,
\
\
r'.
I ',, \
Resource L ands
-Residential/Mobile Home Park
Residential/Urban
Residen t/al/Suburban
-P u blic A irport
r-·---; L_J Incorporated City or Town
Public Lands
(Pl)
2393082
;u
239301 I----\\
I 1 \ \~----.-'-~) L L
~L......r-----1...J\ _ __;,___;
\ ~ \
2393083 00009
I __ ,_, __ ,
',
\ --' \ Commer cial/Limi t e d
(Cl )
239307400013
---1 ---------
239512401009 ...---\
Pl anned Unit Dev e l o pme nt
(PUD)
239318100358
-------\
\...---;;;;;240101~ ,V,
\
',
\
I
River Edge Colorado Planned Unit Development
PUD Revocation Parcel & Zoning Map
Parcel a nd zonin g informatio n o btained by T he Land Stu dio, Inc. July 23, 2025 from
(https://maps .garfi eldcountyco.gov/lan dexp lore r/)
0 800 1600 2400 3200
EB
no rth
239318100359 2393171
Exhibit D
Statement of Authority and Payment Agreement Form
1005197 03/19/2025 03:49:47 PM Page 1 of 1
Jacklyn K. Harmon, Garfield County, Colorado
Rec Fee: $13.00 Doc Fee: $0.00 eRecorded
Garfield County
STATEMENT Of AUTHORITY
Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of
Harvest Roaring Fork a Limited liability Company (corporation, limited
liability company, general partnership, registered limited liability partnership, registered limited liability
limited partnership, limited partnership association, government agency, trust or other), an entity other
than an individual, capable of holding title to real property (the "Entity"), and states as follows:
The name of the Entity is Harvest Roaring Fork, LLC --------------------------~ and is formed under the laws of _______________________ _
The mailing address for the Entity is 909 Lake Carolyn Parkway Suite 150 Irving, TX 75039
The name and/or position of the person authorized to execute instruments conveying, encumbering, or
otherwise affecting title to real property on behalf of the Entity is _T_im_o_th-"-y_C_o_lta_rt ________ _
The limitations upon the authority of the person named above or holding the position described above
to bind the Entity are as follows (if no limitations, insert "None"): _N_on_e ___________ _
Other matters concerning the manner in which the Entity deals with any interest in real property are (if
no other matter, leave this section blank): ____ _
EXECUTED this _30 __ day of October 2.024
Signature: ····----4-4"'
Name (printed): _T_im_o_th-'-y_C_o_lt_art _________ _
Title (if any):__ ~r,1.,,......-· ______ _
STATE OF _T_ex_a_s ______ )
)SS.
COUNTY OF Dallas ) -------~
The foregoing instrument was acknowledged before me this~ day of _O_ct_o_be_r ____ _, 20~
by Timothy Coltart on behalf of Harvest Roaring Fork a
limited Liability Company
Witness my hand and official seal.
My commission expires: _f1 · l]. 25"'----
(Date)
ELAINE BROWN
Nollllry l"ublle, Slste of TIWIS
Comm.~ Oll.17.25
Nolllll')' 10 1~
PAYMENT AGREEMENT FORM
GARFIELD COUNTY (“COUNTY”) and Property Owner (“APPLICANT”) ______ ____
______________________________________________________________________ agree as follows:
1. The Applicant has submitted to the County an application for the following Project:
__________________.
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.
I hereby agree to pay all fees related to this application:
Billing Contact Person:_____________________________________ Phone: (_____)___________________
Billing Contact Address: ___________________________________________________________________
City: ______________________________________________ State: _______ Zip Code: ________________
Billing Contact Email: _____________________________________________________________________
Printed Name of Person Authorized to Sign: ___________________________________________________
______ ________________________________
(Signature) (Date)
Exhibit E
Mineral Rights Owners and Neighboring Property Owners
A Mountain Law Firm
Chad J. Lee, Laurel Quinto, and Quentin Morse
901 Grand Ave, Ste. 201
Glewood Springs, Colorado, 81601
(970) 922-2122
chad@jvamlaw.com; laurel@jvamlaw.com; quentin@jvamlaw.com
July 24, 2025
Via Email
Garfield County Community Development
c/o Glenn Hartman, Director
108 8th Street, Suite 401
Glenwood springs, Colorado 81601
Re: Harvest Roaring Fork PUD - Mineral Owner Notification Research
Dear Glenn:
The Garfield County Land Use Code requires the Applicant to provide notice to
Mineral Owners underlying the subject property. Colorado Revised Statute § 24-65.5-103
requires that a land use applicant notify a mineral estate owner who either (1) is identified
as such by the county tax assessor’s records or (2) has filed in the Clerk and Recorder a
request for notification. If such records do not identify any mineral estate owners, including
their addresses of record, “the applicant shall be deemed to have acted in good faith and
shall not be subject to further obligations….” C.R.S. § 24-65.5-103 (2)(b).
In accordance with the GCLUR and Colorado Statute, we conducted the following
tasks for the Applicants’ properties, Parcel Nos. 2393-073-00-033 and 2393-073-00-032, and
legally described in that certain Special Warranty Deed recorded March 12, 2024 in the
records of Garfield County, Colorado as Reception No. 994230:
1. We spoke with Casey Lawrence at the Garfield County Assessor’s Office on July 16,
2025, who confirmed that the Assessor’s records for the respective parcels do not list any
active or inactive mineral owners and that there are no separate tax accounts for mineral
owners per C.R.S. § 24-65.5-103(I)(A);
A Mountain Law Firm
2. We researched the Garfield County Clerk and Recorder’s index of mineral owner
requests for notification per C.R.S. § 24-65.5-103(a)(I)(B) and confirmed that no mineral
owner for the subject properties has filed a request for notification as of July 16, 2025; and
3. We conducted a reasonable investigation of the Garfield County Clerk and
Recorder’s public records and determined that the severances are as follows:
(a) A life estate in and to one half of all the net royalty payments was reserved by
Gisella Fiou in deed recorded September 28, 1965 in Book 370 at Page 69 Reception No.
231765. I found obituaries for two of her sons in the local newspaper that stated that
Gisella Fiou Myers had predeceased the sons. Because Gisella Fiou is now deceased, the life
estate returns to the surface estate.
(b) T. M. Sanders acquired a six and one-fourth percent royalty interest in the
mineral estate pursuant to that certain Quitclaim Deed from Neil S. Mincer and Erven T.
Larson recorded December 17, 1964 in Book 362 Page 445 Reception No. 228037. The
reserved interest was not conveyed further by T. M. Sanders. T. M. Sanders a/ k/ a Thomas
M. Sanders a/ k/ a Thomas Milbern Sanders passed away March 7, 1970 in Orange County,
California. His will was recorded in the records of Garfield County on November 19, 1971 in
Book 425 Page 1 Reception No. 251765. The will states that his wife is named Pearl M.
Sanders, and that he leaves two children David R. Sanders and Marva Sanders Brown.
Lucile M. Johnson was appointed as trustee. There are no deeds either to any of the above
parties or out from any of them which means that the reservation was not conveyed further.
(c) Ella J. Chase reserved an undivided one-fiftieth of all oil and gas under portions
of the subject property in that certain Warranty Deed, recorded June 12, 1951 Book 258
Page 594 Reception No. 176326. There is no recorded document conveying Ms. Chase’s
interest away in the Garfield County Records. Ella J. Chase passed away in Iowa on April
10, 1964 and her will was recorded in Garfield County on February 24, 1965 in Book 364
Page 143 Reception No. 228828. She left any real property to her niece Gladys Zook Smith.
There are no deeds to or from Gladys Zook Smith which refer to the reserved mineral
interest.
(d) In 2011 Carbondale Investments, LLC (CI) purported to reserve part of the
mineral estate to itself in that certain Correction Deed recorded June 22, 2011 as Reception
No. 804201. At the same time, Carbondale Investments reserved a portion of the mineral
estate in that certain Correction Deed to Garfield County Commercial Investments
recorded June 22, 2011 as Reception No. 804202. However, in 2024 both of these entities
conveyed their interest in the property without reservation to Harvest Roaring Fork, LLC
A Mountain Law Firm
in that certain Bargain and Sale Deed recorded March 12, 2024 as Reception No. 994231.
Therefore, CI and GCCI’s interest in the mineral estate merged with the surface estate.
This satisfies Applicants’ obligation under the applicable Colorado statute, and no
mineral owner notification is required.
Best regards,
JVAM PLLC
By:
Chad Lee
Partner
7 /24/25 , 1:36 PM Garfield County Land Explorer
Garfield County Land Explorer (7-24-25 1 :36 PM)
Neighboring property owner addresses within a 200-foot radius of the Parcel 239307300032
Parcel Physical Address
239307200031 Not available GLENWOOD SPRINGS
239307300032 Not available GLENWOOD SPRINGS
239307300032 Not available GLENWOOD SPRINGS
239307300033 Not available GLENWOOD SPRINGS
239328300024 RAILROAD R.O.W. GLENWOOD SPRINGS
239501400086 329 CORYELL RIDGE RD GLENWOOD SPRINGS
239501400087 485167 COUNTY RD GLENWOOD SPRINGS
239501400161 Not available GLENWOOD SPRINGS
239512124002 Not available GLENWOOD SPRINGS
ROW Not available null
Owner
HARVEST ROARING FORK LLC
HARVEST ROARING FORK LLC
HARVEST ROARING FORK LLC
HARVEST ROARING FORK LLC
ROARING FORK TRANSPORTATION AUTHORITY
OSTERMILLER, ROBERT D JR & LAURIE M
GOLUBA, NICHOLAS W JR
HARVEST ROARING FORK LLC
I RON BRIDGE PROPERTY OWNERS ASSOC INC
AccountNum
R082856
R082857
R082857
R082858
R112102
R011495
R011226
R082859
R041521
Mailing Address
909 LAKE CAROLYN PKWAY, SUITE 150 IRVING, TX 75039
909 LAKE CAROLYN PKWAY, SUITE 150 IRVING, TX 75039
909 LAKE CAROLYN PKWAY, SUITE 150 IRVING, TX 75039
909 LAKE CAROLYN PKWAY, SUITE 150 IRVING, TX 75039
1340 MAIN STREET CARBONDALE, CO 81623
275 MEADOW WOOD ROAD GLENWOOD SPRINGS, CO 81601
PO BOX 931 GLENWOOD SPRINGS , CO 81602
909 LAKE CAROLYN PKWAY, SUITE 150 IRVING, TX 75039
PO BOX 1315 CARBONDALE , CO 81623
Neighboring property owner addresses within a 200-foot radius of the Parcel 239307300033
Parcel
239307300032
239307300032
239307300033
239318201068
239318400106
239328300024
239501400161
239512401021
ROW
about:blank
Physical Address
Not available GLENWOOD SPRINGS
Not available GLENWOOD SPRINGS
Not available GLENWOOD SPRINGS
Not available CARBONDALE
917182 HWY CARBONDALE
RAILROAD R.O.W. GLENWOOD SPRINGS
Not available GLENWOOD SPRINGS
652 LARIAT LN GLENWOOD SPRINGS
Not available null
Owner
HARVEST ROARING FORK LLC
HARVEST ROARING FORK LLC
HARVEST ROARING FORK LLC
HOMEOWNERS ASSOCIATION AT ASPEN GLEN
GARDNER DYNASTY TRUST, DATED 7/29/2021
ROARING FORK TRANSPORTATION AUTHORITY
HARVEST ROARING FORK LLC
BUTLER , CHRISTOPHER & CAMPOS, STACEY Y
AccountNum
R082857
R082857
R082858
R830180
R084552
R112102
R082859
R100082
Mailing Address
909 LAKE CAROLYN PKWAY, SUITE 150 IRVING, TX 75039
909 LAKE CAROLYN PKWAY, SUITE 150 IRVING, TX 75039
909 LAKE CAROLYN PKWAY, SUITE 150 IRVING, TX 75039
0080 BALD EAGLE WAY CARBONDALE, CO 81623
PO BOX 1943 EAGLE , CO 81631
1340 MAIN STREET CARBONDALE, CO 81623
909 LAKE CAROLYN PKWAY, SUITE 150 IRVING, TX 75039
652 LARIAT LANE GLENWOOD SPRINGS , CO 81601
1/1
Exhibit F
May 20, 2025 Letter from Garfield County Community Development
May 20, 2025
Chad Lee
901 Grand Ave. Suite 201
Glenwood Springs, CO 81601
Tim Coltart
#5 Tree Farm Dr.
Basalt , CO 81621
Dear Chad and Tim :
Garfield County
Community Development Department
This letter is provided to you pursuant to our recent meetings and extensive discussions regarding
the status of the existing PUD Zoning on your property that is currently under review by the County
as the Harvest Roaring Fork PUD.
Review by the Community Development Staff has confirmed that should the Harvest Roaring Fork
PUD not be approved (or is withdrawn) and the Applicant/Property Owner or the County choose
to rescind the PUD Zoning, it is Staff's opinion that the appropriate re-zoning would be to the
Residential Suburban (RS) zone district. This is the original zone district that was in effect prior
to the first PUD rezoning on the property.
This determination and any future rezoning are subject to and dependent upon following all
procedural steps and requirements in compliance with the Garfield County Land Use and
Development Code. In accordance with the Code, final decisions regarding rezoning and
rescission of PUD zoning would be made by the Board of County Commissioners .
Please feel free to contact me with any questions or if additional clarification is needed.
s:;;: ¢J--.-
Glenn Hartmann
Director of Community Development
108 Eighth Street, Suite 401
Glenwood Springs, Colorado 81601
(970) 945-8212
CERTIFICATION OF MINERAL OWNER RESEARCH
This form is to be completed and submitted with any application for a Land Use Change Permit.
Mineral interests may be severed from surface right interests in real property. C.R.S. § 24-65.5-101, et seq,
requires notification to mineral owners when a landowner applies for an application for development from a
local government. As such, the landowner must research the current owners of mineral interests for the
property.
The -101(E)(1)(b)(4) requires
written notice to owners of mineral interests in the subject property in accordance with C.R.S. § 24-65.5-101,
et seq, ugh the records in the office of the Clerk and Recorder or
Statutes and the LUDC.
The undersigned applicant certifies that mineral owners have been researched for the subject property as
required pursuant to C.R.S. § 24-65.5-101, et seq, and Section 4-101 (E)(1)(b)(4) of the Garfield County Land
Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies
the following (Please initial on the blank line next to the statement that accurately reflects the result of
research):
I own the entire mineral estate relative to the subject property; or
Minerals are owned by the parties listed below
The names and addresses of any and all mineral owners identified are provided below (attach additional pages
as necessary):
Name of Mineral Owner Mailing Address of Mineral Owner
I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the
LUDC.
_________________________________
Date
_____________________________________________
Signature
A Mountain Law Firm
Chad J. Lee
901 Grand Ave, Ste. 201
Glenwood Springs, Colorado, 81601
(970) 945-8659
chad@jvamlaw.com
August 12, 2025
Via Email
Garfield County Community Development
c/o John Leybourne, Planner III
jleybourne@garfieldcountyco.gov
Re: Response to Completeness Review Revocation of River Edge PUD (PUDA-07-
25-9079)
Dear John:
We reviewed Garfield County’s Completeness Review Revocation Letter dated August 7, 2025.
This response letter serves to address both items.
1. The County Mineral notice form needs to be completed and submitted.
Response: An updated county mineral notice form is enclosed.
2. The Attorneys office indicates that the application materials do not acknowledge that the
application would fall under 6-202(B)(2) due to missed deadlines and expirations.
Response: Section 6-202(b)(2)(c) authorizes the BOCC to review this application for revocation
of the River Edge PUD.
Best regards,
JVAM PLLC
By:
Chad Lee
Partner
A Mountain Law Firm