HomeMy WebLinkAbout1.03 Title commitment06123/2005 07:46 FAX Date: June 21, 2005 Commonwealth Title Company of Garfield County, Inc. 127 E. 5th Street /P.O. Box 352 Rifle, CO 81650 Phone (970) 625-3300/Fax (970) 625-3305 803
Colorado Avenue Glenwood Springs, CO 81601 Phone (970) 945-4444 /Fax (970) 945-4449 To: Schmueser Gordon Meyer, Inc. 118 West th Street Glenwood Springs CO 8160 I Attn: Debbie Duley
Phone: 945-1004 Fax: 945-5948 Re: A Purchaser To Be Detennined I Battlement Mesa Partners, a Colorado Thank you for your order. Enclosed please find the following in connection with
our File No. 040701S-R: o Commitment o Title Policy o Endorsement o Tax Certificate o Other Copies Sent To: ilZl 001/009
06/23/2005 07:48 FAX File No. 0407015-R COMMITMENT FOR TITLE INSURANCE SCHEDULE A This commitment replaces the previous commitment dated July 23, 2004 at 7:59 A.M. I. Effective Date:
June 7,2005 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 10·17-92) Proposed Insured: A Purchaser To Be Determlned (b) ALTA LOAN POLICY (10-17-92) Proposed
Insured: l(!J UU4/U09 3. The Estate or interest in the land described or referred to in the Commitment and cover· ,d herein is Fee Simple and is at the effective date hereof vested in:
Battlement Mesa Partners, a Colorado General Partnership 1. The land referred to in this Commitment is situated in the County of Garfield, State of ( :olorado and described as follows:
See Attached Exhibit" A" TITLE CHARGES Owner's Policy Standard Coverage $350.00 Informational Only Commitment COUNTERSIGNED:O..a,,,,, -£ ~ American Land Title Association ~eduleA dd
6-86) Authorized Officer or Agent jg Valid Only if Schedule B and Cover Are Attached Issuing Agent: Commonwealth Title Company ofGarlield C ,unly, Inc. 127 East 5th Street Rifle, CO
81650
06123/2005 07:48 FAX ~ 005/009 File No. 040701S-R SCHEDULE B -SECTION 1 The Following are the requirements to be complied with prior to the issuance of said policy or poli :ies. Any
other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise Doted, all documents must be recorded
to the office of the Clerk and Recorder of the COUDty in who ch said property is located. This commitment is issued for informational purposes and DO policy will be issued hereunder.
NM6 American Land Title Association Conunitment Schedule B· Section I -Fonn 1004-5
06123/2005 07:48 FAX File No. 040701S-R EXHIBIT" A" LEGAL DESCRIPTION A parcel of land being part of Reception No. 408506 in the office of the Clerk and Recorder of Garfield County,
Colorado, located in the N 1/2 of Section 17, Township 7 South, Range 9S West, 6th principal meridian; County of Garfield. State of Colorado being more particularly described as follows:
Beginning at the northerly angle paint of, Battlement Cemetery on the Final Plat of Battlement Cemetery recorded as Reception No. 368453 in the records of the Garfield County Clerk and
Recorder said point also being on the easterly right-of-way line of Stone Quarry Road recorded as Reception No. 316729 in the records of the Garfield County Clerk and Recorder, whence
a pipe and brass cap P.L.S. #11643 set for the West 1/4 corner of said Section 17 bears SOS049'33"W a distance of 48S.71 feet with all bearings contained herein being relative to a bearing
of SOl °06'06"w between an iron pipe with brass cap at the West 1/4 corner of said Section 17 and an iron pipe and brass cap #11643 at the Northwest corner of said Section 17 Thence
N01°06'06'E along the East boundary line of said Stone Quarry road a distance of 799.13 feet, to the South boundary line of Battlement Park Way recorded as Reception No. 398268 in the
records of the Garfield County Clerk and Recorder; thence along said South boundary line the following (6) courses; (1) 31.42 feet along the arc of a 20.00 foot radius curve to the right,
having a central angle of 90°00'00" and subtending a chord bearing of N46"06'06'E a distance of 28.28 feet; (2) thence S88"53'54'E a distance of 80.12 feet; (3) thence 224.63 feet along
the arc of a 522.96 foot radius curve to the right, having a central angle of 24 "36'38" and subtending a chord bearing of S76°35'3S'E a distance of 222.91 feet; (4) thence S64°17'16'E
a distance of 231.81 feet; (S) thence 31S.31 feet along the arc of a 622.96 foot radius curve to the left, having a central angle of 29°00'00' and subtending a cord bearing of S78°47'16"E
a distance of 311.9S feet; (6) thence N86"42'44"E a distance of 370.03 feet to the West boundary of Jacks Pocket Filing 1 "ecorded as Reception No. 344063 in the records of the Garfield
County Clerk and {ecorder, thence along the boundary of Jacks Pocket filing 1 the following (2) courses; (1) S03'17'16"E a distance of 120.00 feet; (2) thence SS2'4S'26'E a distance
of 413.71 feet the West boundary of AcceS!fand Utility Easement #f2 recoicfedas Reception No. 362168 in the records of Garfield County Clerk and Recorder, thence along a common line
between said Jacks Pocket Filling 1 and West line of said Access and Utility Easement #12 the following (6) courses; (1) NOsoS3'5S'E a distance of 124.81 feet; (2) thence 18.42 feet
along the arc of a 125.00 foot radius curve to the left, having a central angle of 08'26'31' and subtending a chord bearing of N01'41'22'E a distance of 18.40 feet; (3) thence N02"42'28"W
a distance of 8S.02 feet; (4) thence 38.39 feet along the arc of a 12S.OO foot radius curve to the right, having a central angle of 17'3S'4S" and subtending a chord bearing of N06°0S'2S"E
a distance of 38.24 feet; (S) thence N 14 °53'17'E a distance of 77 .23 feet; (6) thence 32.99 feet along the arc of a 20.00 foot radius curve to the left, having a central angle of
94 '32'13' and subtending a chord bearing of N32°22'SO"w a distance of 29.38 feet to the South boundary line of said Battlement Parkway; thence a long the common line of said South line
of Battlement Parkway and the North line of said Access and Utility Easement #12, 143.26 feet along the arc of a 904.93 foot curve to the right, having a central angle of 09'04'13' and
subtending a chord bearing of S7S'06'49"E a distance of 143.11 feet to the West line of Jacks Pocket Filing 4 recorded as Reception No. 344066 in the records of Garfield County Clerk
and Recorder; thence along the common West boundary of said Jacks Pocket Filing 4 and East line of said Access and Utility Easement #12 the following (6) courses; (1) 32.89 feet along
the arc of a 20.00 foot radius no tangent curve to the left, having a central angle of 94'13'31' and subtending a chord bearing of S62'09'2S"W a distance of 29.31 feet; (2) thence SI4'S3'11"W
a distance of 77.28 feet; (3) thence 23.65 feet along the arc of a 125.00 foot curve to the right, having a central angle of 10°50'30' and subtending a chord bearing of S2001 S'26"W
a distance of 23.62 feet; (4) thence S25'43'41"W a distance of 63.49 feet; (5) thence 43.26 feet along the arc of a 125.00 (continued on next page) I4J 006/009
06123/2005 07:49 FAX File No. 0407015-R EXHIBIT "A" LEGAL DESCRIPTION Continued foot radius curve to the left, having a central angle of 19'49'46' and subtendlng a chord bearing of S15'48'48'Wa
distance of 43.05 feet; (6) thence S05'53'55"W a distance of 168.29 feet; thence leaving said Access and Utility Easement #12 and continuing along the boundary of Jacks Pocket Filling
4 the following (7) courses; (1) 31.42 feet along the arc of a 20.00 foot radius curve to the right, having a central angle of 90'00'00' and subtending a chord bearing of S39'06'05'E
a distance of 28.28 feet; (2) thence S84'06'05'E a distance of 15.00 feet; (3) thence 281.87 feet along the arc of a 475.00 foot radius curve to the right, having a central angle of
33'59'59' and subtending a chord bearing of.S67'06'06'E a distance of 277.75 feet; (4) thence 100.79 feet along the arc of a 525.00 foot radius reverse curve, having a central angle
of 10'59'59' and subtending a chord bearing of S55'36'06'E a distance of 100.64 feet; (5) thence S61'06'05'E a distance of 60.00 feet; (6) thence 35.71 feet along the arc of a 475.00
foot radius curve to the left, having a central angle of 04'18'26' and subtending a chord bearing of S63'15'18'E a distance of 35.70 feet; (7) thence N27'59'28'E a distance of 385.02
feet to the South line of said Battlement Parkway; thence along said South line of Battlement Parkway 424.84 feet along the arc of a 686.62 foot radius curve to the left, having a central
angle of 35'27'03' and subtending a chord bearing S80'49'27'E a distance of 418.09 feet to the Southerly boundary line of Jacks Pocket Filing 5 recorded as Reception NO.389773 in the
records of Garfield County Clerk and Recorder; thence along the Southerly boundary line of said Jacks Pocket Filing 5 the following (5) courses, (1) thence S45'50'06'E a distance of
127.23 feet; (2) thence N72'31'19'E a distance of 88.35 feet; (3) thence N90'OO'00'E a distance of 441.77 feet; (4) thence S36'09'13'E a distance of 305.63 feet; (5) thence S88'46'00'E
a distance of 420.06 feet to the West right-of-way line of County road #308; thence SOl'OO'57"W a distance of 480.65 feet along the West right-of-way line of said County road #308 to
the North right-of-way line 'f County road #302; thence along said North right-of-way line of said County road #302 ~88'45'24"W a distance of 2399.82 feet, said line also being a 16
foot offset parallel to the East West 1/4 section line, to the East boundary of Jacks Pocket Filling 3 recorded as Reception No, 344065 in the records of the Garfield County Clerk and
Recorder; thence a long the boundary of said Jacks Pocket Filling 3 the following (2) courses, (1 ) N01'14'36'E a distance of 195.00 feet; (2) N88'45'24'W a distance of 163.65 feet to
the East line of said Access and Utility Easement #12; thence along a common line between said Access and Utility Easement #12 and said J!,cks Pocket Filing 3 the following (4) courses,
47.55 feet along the arc of a 150.00 foot radius non tangent curve to the left, having a central angle of 18'09'46' and subtending a chord bearing of S03'45'59'E a distance of 47.35
feet; (2) thence 36.89 feet along the arc of a 150.00 foot radius reverse curve, having a central angle of 14'05'27' and subtending a chord bearing of S05'48'08'E a distance of 36.80
feet; (3) thence SOl'14'36"W a distance of 91.31 feet; (4) thence 31.42 feet along the arc of a 20.00 foot radius curve to the left, having a central angle of 90'00'00' and subtending
a chord bearing of S43'45'24'E a distance of 28.28 feet to the North line of said County Road #302; thence along a common line between said County Road #302 and said Access and Utility
Easement #12 also being a 16 foot offset line from the East West 1/4 section line N88'45'24'W a distance of 140.00 feet to the East boundary of Jacks Pocket Filling 2 recorded as Reception
No.344064 in the records of Garfield County Clerk and Recorder; thence along a common line between said Jacks Pocket Filing 2 and said Access and Utility Easement #12 the following (3)
courses, (1) 31.42 feet along the arc of a 20.00 foot radius non tangent curve to the left, having a central angle of 90'00'00' and subtending a chord bearing of N46'14 '36'E a distance
of 28.28 feet; (2) thence N01'14'36'E a distance of 91.31 feet; (3) thence 18.73 feet along the arc of a 150.00 foot radius curve to the right, having a central angle of ,"ontinued on
next page) l{(JUU"IIUU1;I
06123/2005 07:50 FAX FUe No. 0407015-R EXHIBIT "A" LEGAL DESCRIPTION Continued 07°09'15" and sub tending a chord bearing of N04°20'31"E a distance of 18.72 feat; thence leaving said
Access and Utility Easement #12 and continuing along the boundary of said Jacks Pocket Filling 2 the following (2) courses, (1) thence N88°45'24"W a distance of 131.01 feet; (2) thence
S01°14'36"w a distance of 130.00 feet to the North line of said County Road #302; thence along the North right-of-way line of said County Road #302 N88°45'24'W a distance of 406.96 feet
also being a 16 foot parallel offset line to the East West 1/4 section line, to the Easterly line of Battlament Cemetery recorded as Reception No. 368453 in the records of Garfield County
Clerk and Recorder; thence along the boundary of said Battlement Cemetery the following (2) courses, (1) N47°53'59"Wa distance of 372.20 feet; (2) thence N59°07'36"W a distance of 454.20
feet to the POINT OF BEGINNING. IgJUUH/UU~
06/23/2005 07:50 FAX IgJ UUH/UUH File No. 0407015-R SCHEDULE B -SECTION 2 Schedule B of the Policy or PoJicies to he issued will contain exceptions to the following matters unless the
sam ! are disposed of to the satisfaction of the company: 1. Rights or claims of parties in possession not shown by the Public records. 2. Easements, or claims of easements, not shown
by the public records. 3. Discrepancies, conflicts in boundary Jines, shortage in area, encroachments, and any facts, which a CI neet survey and inspection of the premises would disclose,
and which are not shown by the public records. 4. Any lien, or right to a Hen, for services, labor or materia1 heretofore or hereafter furnished, imposed b ' law and not shown by the
public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the pub ic records or attaching subsequent to the effective date
hereof but prior to the date the proposed insured acquires of record for value the es ate or interest or mortgage thereon covered by this commitment. 6. Any and aJJ unpaid taxes, assessments
and unredeemed tax sales. 7. Any lien Or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights. claims, or title to water. whether
or not the maMers excepted are shown by the J= Jblic record. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be round to penetrate
or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the t nited States, as reserved in United States Patent recorded
November 1, 1910 in Book 71 at Page 441. J O. Right of way (whether in fee or easement) for a County Road as described in deed recorded December 3, J 907 in Book 67 at Page 514. I I.
Right of way for a ditch conveyed in deed recorded July 9, 1947 in Book 223 at Page 106 (exact locatior not defmed). ] 2. Reservation of an undivided one-half interest in all oil, gas
and other minerals as described in deed reco· ded June 12, 1957 in Book 30) at Page 210 and any interests therein or assignments thereof. 13. Reservation of all oil, gas and other minerals
as reselVed by Exxon Corporation and as described in del d recorded April 9, 1981 in Book 569 at Page 301. 14. Utility easement described in declarations recorded June 3, 1985 in Book
669 at Page 653, Book 669 at Page 687, Book 669 at Page 692, Book 669 at Page 699 and Book 669 at Page 788. 15. Terms and conditions of Surface Use Agreement recorded July 8,1999 in
Book 1139 at Page J04. 16. Trench. conduit and vault agreement recorded June 21, ]999 in Book J J35 at Page 966. J 7. Easement granted to Comcast of Colorado I Florida, Inc. in instrument
recorded March 8, 2005 in Book 1668 at Page 443. (exact location not defined) NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN TIIE OWNER'S POLICY TO BE ISS UED HEREUNDER. The Owner's Policy
of Title Insurance commiMed for in this Commitment, if any, shan contain, in addition to t Ie Items set forth in Schedule B -Section 2, the f01l0wing items: (J) The Deed of Trust, if
any, required under Schedule B· Section I. (2) Unpatented mining claims; reservati:ms or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes,
assessments and unredeemed tax sales American Land Title Association Commitment Schedule B • Section 2 Form 1004-12
06123/2005 07:47 ,F ,A. X II!;J UUZ/UUt\! , .'. .. .~ . .t. ~ . ..•. ". { ,. .•.. '. -" ", Cominoilwealtb'Tltle £omplmy> ',./QI6sI"IJeJd ~im.t)',~IIH.. " 1 ' 127 &n lid Street ,"P~'O~
BtU{ 3112 . if/lIe. CDID'II. 8i6111J , . . '. '('7#1) .26.33... FA.X ,(.7.r.p.J~tJll' " • I ' •. _ ','" \ I .,. . ! ,--" .~" , /:r. ' . " ~. . '. ( i " ", "'-;' -.' -. " " . .; Schril.ueser,
(Jordon Meyer, Inc. 118 W,'6tl1 Street -.: , . : Glenwood Spring(CO 81601 /' . , 'Attn: Debbie Dilley" l' , , ") \ · RE: Battlemeni Me,§a Patiners, File No; '0407015 . · " . Debbie,
. '-( -: Hennetta Gardner" P,O.,B01(425" , .P arac.h , ute, CO 81635 , \ ..! _. _ ElI;xon Cotp: , ,P.O.Box 53 , .... ,. . ',{ · fIo\lsto1l)'TX 77-0,0 1-0053" '<;" '.... .' ,,' ': ~.!_
", . '~~. . --( . -'0 .'" • _ ! If·you have any q~e~tio~;please call. ,...-' . ,. f''' ,'. " /\ ~ 'Sincei-~Iy·,.· _ . , ,.,~~'~ .. ''>.'--',. -< "" ~, Dean Hubbell .",. \. .. ~ : . ....,-..
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