HomeMy WebLinkAbout1.0 ApplicationDate r
APPLICATION
SI,BCIN,ffi USE PBR}{IT
July 13, 1992
Appllcant:_J.B. "Sandy " Lowell
Address of Appltcantr 15 Ptarmigan Drive, Glenrrrood Springs, CO 81601
Speclal/Conditlonal Use!Storagre/warehouse
Legal Descrl-ption:See attached
Practl-caIroads, and
Canyon Road,
Descrl-ption (location wlth
The property
respectsets just to hlghways, county
south of the bottom of theresidences ) :
in the triangle fonned, with the frontage road.
Requl-rements:1. Pl.ans and specif i-cations for proposed use ( horrrsoperatl-on, no. of vehicles/day, Iocation and sl-zestructures, etc. ) .2, Exlsting or proposed method of sewage, source of disposal
and water. Road access and other l-nf ormatl-on deemed
necessary to explaln proposed use.3. A vicinity map drawn to scale depicting the subJectpr:operty, Iocat.ion, and use of building and structures onadJacent lots.
An impact statement on the proposed use where requl-red bySections 5.03-5.03.12 of Zoning Regulations.A copy of Assessor's map showing property; and a listingof all adJoining property owners of said property.A base fee of $ 400.00 shall be charged for eachappllcatlon and sha1l be submltted with the application,additional charges may be imposed tf County review costsexceed the base fee.7. Attach a copy of proof of ownership for your property
(deed, .tl-tle insurance) .
If public notl-ce ls requir:ed, notice provided by the PlanningDepartment shall be sent out at least five (5) days prior tohearing by return-receipt nall to atl the above noted adJoiltlngproperty owners. Mailing .Ls the appllcant's responslbili.ty andproof of malling must be presented at the hearing. Additionally,the Bame notice shall be prrblished one (1) time in the offictalCounty newspaper at least f.lfteen (15) days prior to such hearingdate. Appll-cant sharr berar Lhe' cost -of publication and beresponsl-ble for presenting the "proof of publication" at thehearlng.
The above l-nformatlon is correct to the best of my knowredge.
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REQTIIREMENTS:
l) Plans and specifications for p,roposed use: Personal storage and warehousing.
2) Sewage: A new leach field was installed on the property with additional "infiltrator
panels" installed for this future buildhg.
Water: will be obtained from an existing well on the property.
3) Vicinity map: See attached
4) Impact Statement: Not necessary per Ndark Bean.
5) Assessors map: See attached.
6) Adjoining property owners: See attached.
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ADJ ACENT PROPERTY OWNERS
2185 27100 031 Holy Cross Electric Assoc. Inc. 002311 Highway 82
2185 27100 032 P.O. Drawer 2150
Glenwood Springs, CO 81602
2185 262 00 025 Valley Electric Supply, Inc. 003760 Highway 82
P.O. Box 1507
Glenwood Sp,rings, CO 8L642
2185 262 00 008 Itwerso, William J. 003768 Highway 82
3768 Highway 82
Gleirwood Springs, CO 81601
2185 262 00 009 Stark, Albert L. 000037 115 Road
P.O. Box 2082
Glenwood Sp,rings, CO 81602
2lS5 262 00 012 Lowell, Jendfer M. and
Grahanu George R.
P.O. Box 1808
Glenwood Springs, CO 81602
2185 262 00 020 Lowell, James B. and 003894 Highway 82
GrahanL Sue L. 003896 HighwaY 82
P.O. Box 1808
Glenwood Springs, CO 81602
I^IARR,A.I{TY DEED
(Statutory Short Form)
GLEN E. EASH and INGRTD T. EASH, whose address ls P.o. Box 1952, Glenwood
Springs, colorado, 8i602, City of Glenwood sprlngs, county of Garfleld, state of
Colorado, for consideratlon of Ten Dollars and other good and valuable
consideratlon, in hand paid, hereby se11 and convey to suE L. GMHAM and JAMES
B. LOLIELL, III, whose street adiress is 0015 Ptarmlgan, Glenwood sprlngs'
Colorado,8t60I, the following real propertv ln the County of Garfield and State
of Colorado, to-witz .
That parr of the S!;sl{f,Mri;, section 26, Townshlp 6 south, Range 89 West of
the 6th P.M. lytng between state Hlghway No. 82 and the Lookout Mounta 't
Road (said Lookout Mountain Road also belng known as the Red Canyon Road '
as sald state Highway No. 82, and Lookout Mountain Road, a/kla Red canyon
Road vrere located on June L2, 1954, and bounded on the South by the South
boundary Ilne of said SWkNgLo of saLd Sectlon 26, excepting therefrom that
tract described as follows:
Beginnlng at a point where the hresterly bou-ndar-r^lin1.of Red canyon Hlghway
lntersects the Easterly llne of State Highway 82; thence Southerly along
the Easterly Ilne of iaid State Hlghway -82, 387 feet to a point; thence
East to th; point where said 1lne lntersects said Red Can,von Highway;
thence Northwesterly along the westerly line of said Red Canyon Hlghway to
the point of beglnnlng.
EXCEPTING from the above described property, the property described in Deed
from Levi L. Crabtree and Myrtle a. Crabtree to The Department of Hlghways'
State of Colorado, recordei January 7, tg65, in Book 363 at Page 68 as
F.eception No. 228247, as follotn's:
A Tract or Parcel of land No. 3 of Colorado DepartEent of Hlghways Project
l.o. S 0130(Ai rn the SI{% of the Nwk of Sectlon 26 Township 6 South Range 89
l.:st of the 6th p.M. in Garfiel-d County, Colorado, said Tract or parcel
i:'ng, Tnore partlcularly descrlbed as follows:
Beginning at a point on the south line of the sI[% of the NI\B; of Section 26'
Tor.,nship 6 South, Range 89 tr{est f rom r^*rich the west one-ha1f corner of
secrion 26 bears N. 87"04 I{. a distance of 293.8 feet; thence N. 7"37'E' a
riistance of 110.4 feet to the Easterly right of way llne of S'r1' 82 (May'
tg64); rhence S. 17o48'W. along safa itghl of way 1lne a dlstance of 113'8
feer to the South line of the ploperty; ihence S.87o94t E. along the South
1lne of the property a dtstancl o-f 20.2 feet, Inore or less, to the point of
heginning.
also linor^.n as 3892 Highway 82, Glenwood Springs, Colorado, 81601'
wlth all its aPpurtenances and warrants the tltle to same subject to general
property taxes of a current nature; U.S. Patent Reservations; right of way for
Red canyon Road, alk/a Lookout Mountaln Road; rlght of way for Glenwood Dltch
and power llnes as same cross the sub-Ject property as shor^m on Survey by Eldorado
Englneering company dated March 21, igzg; -telephone and Power llnes as the same
cross the subject ProPerty as shown on Survey by Eldorado Engineering Company
date<i l,farch 31 , I97 B; and terms and conditlons of Subdlvlslon Exemptlon
Resolution gl-315 recorded october 7, 1981, ln Book 582 at Page 994 as Receptlon
No. 320052,
SIGNED thls day of June, 1985.
Glen E. Eash
i
STATE OF COLORA-DO
COUNTY OF GARFIELD
The foregolng
June, 1985, by Glen
WITNESS ny hand
)
) ss.
)
lnstrument was acknowledged before meE. Eash and Ingrld T. Eash.
and of f Lcial seal.
thls 2,/:l- day of
Hy cormlssion expires: /1'y1d 11, /9t7.J
ALTA Owner's Polrcy -. Forrn B - Amernded 10,17-7O
POLICY OF TITLE INSUBANCE ISSUED BY
STEWAFTT TITLE
GUARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND
THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEBEOF, STEWART TITLE GUARANTY
COMPANY, a corporation of Galveston. Texas, herein called the Company, insures, as of Date of Policy shown in
Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys'
fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by
reason of:
1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
2, Any defect in or lien or encumbrance on such title; .;r ;,i.i
3. Lack of a right of access to and from the land; or :
4. Unmarketability of such title
lN WITNESS WHEBEOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its
duly authorized officers as of Date of Policy shown in Schedule A.
S'TE\VAIIT TIA'LH
GUARANTY COMPANY
-?,b4-{tq- tttry+
Chairmarr of the Board
cou ntersrgned:
Presi dent
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or
prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or
hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land. or the effect
of any violation of any such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless netice of the exercise of such rights appears in the public
records at Dare of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not
known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at thedate
such claimant acquired an estate or interesr insured by this policy and not disclosed in writing by the insured claimant to the Company
prior to the date such insured claimant became an insured hereunder; {c) rasulting in no loss or damage to the insured claimant; (d)
attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained it the insured
claimant had paid value for the estate or interest insured by this policy.
s$$iilh
\F.i, r908.....3S==-::i:iiii,:i,"'r
75
001 B
25M 6.82
E3?'1J31.'.'*". o 6036
fur,r'oNS AND srtPULATIoNS a
1. DEFINITION OF TERMS or interest as insured, and which might cause loss or damage
The following terms when used in this policy mean: fol, *n1tn the Company may be liable bv virtue of this
(a) "insured": the insured named in s.r''rJrrr"e','.n0, HI:#';r"JlJJt*#J^;';Jili ilJ;:lTH:;H:Tiii
subiect to any rights or defenses the Company may have be given to the Company, then as to such insured all
against the named insured, those who succeed to the liability of the Company shall cease and terminate in regard
interest of such insured by operation of law as distinguished to the matter or matters for which such prompt notice is
from purchase including, but not limited to, heirs, dis' required; provided, however, that failure to notify shall in
tributees, devisees, survivors, personal representatives, next no case prejudice the rights of any such insured under this
of kin, or corporate or fiduciary successors. policy unless the Company shall be prejudiced by such
(b) "insured claimant": an insured claiming loss or ,failure and then only to the extent of such preiudice.
damage hereunder. (c) The Company shall have the right at its own cost t€
(c) "knowledge": actual knowledge, not constructive institute and without undue delay prosecute any action ol
knowledge or notice which may be imputed to an insured proceeding or to do any other actwhich in itsopinion may
by reason of any public records. be necessary or desirable to establish the title to the estate
(d) "land": the land described, specifically or by o1 intlrest as insured' and the company may take any
reference in schedule A, and improvementr.ttir"l ,i"ril appropriate action under the terms of this policy' whether
which by raw constitute rear property; prorioei,-il;; :l-T1-it shall be liable thereunder' and shall not therebv
the term "land" does not include any property;r;;;;;; concede liabilitv or waive anv provision of this policv'
lines of the area specifically described or referred to in (d) Whenever the Company shall have brought any
Schedule A, nor any right, title, interest, estate or easement action or interposed a defense as required or permitted by
in abutting streets, roads, avenues, alleys. lanes, ways or the provisions of this policy, the Company may pursueany
waterways, but nothing herein shall modify or limit the such litigation to f inal determination by a court of
extent to which a right of access to and from the land is competent iurisdiction and expressly reseryes the right, in
insured by this policy. its sole discretion, to appeal from any adverse judgment or
(e) "mortgage": mortgage, deed of trust, trust deed, or order'
other security instrument. (e) ln all cases where this policy permits or requires
(f) "public records": those records which bv law l1:. ^c-:tot"y
to prosecute or provide for the defense of
impart constructive notice of matters relating i, r.,i,."d. :l':t^t'on or proceeding' the insured hereunder shall secure
to the Company the right to so prosecute or prwide
2. CONTINUATION OF INSURANCE AFTER CON' defense in zuch action or proceeding, and all appeals
VEYANCE OF TITLE therein, and permit the Company to use, at its option, the
The coverage of this policy shall continue in force as of name of such insured for such purpose. Whenarer requested
Date of policy in favor of an inzured so long as such insured by the Company, such insured shall give the Company all
retains an estate or interest ln the land, or holds an reasonable aid in any such action or proceeding, in effecting
indebtedness secured by a purchase money mortgage given settlement, securing evidence, obtaining witnesses, or pros'
by a purchaser from such insured, or so long.rru.h-in*rrd ecuting or defending such action or proceeding, and the
shall have liability by reason of covenants of warranty made Company shall reimburse such insured for any expense so
by such insured in any transfer or conveyance of such incurred'
estate or interest; provided, howwer, this policv shall not
continue in force in favor of any prr.n..rr-ironi"*.],' 4' NorlcE oF Loss - LlMlrATloN oF AcrloN
insured of either said estate or interest or the indebtedness ln addition to the notices required under paragraph
secured by a purchase money mortgage given to such 3(b) of these Conditions and Stipulations, a statement in
insured, writing of any loss or damage for which it is claimed the
3. DEFENSE AND pROSECUTION OF ACTIONS - Companv is liable under this policy shall be furnished to
NOTICE OF CLATM TO BE GTVEN eV AN-f ;,JiU;eO the Companv within 90 davs after such loss or damase shall
CLAIMANT have been determined and no right of action shall accrue to
an tnsured claimant until 30 days after such statement shall
(a) The Company, at its own cost and without undue have been furnished. Failure to furnish such statement of
delay, shall provide for the defense of an insured in all loss or damage shall terminate any liability of the Company
litigation consisting of actions or proceedings commenced under this policy as to such loss or damage,
against such insured, or a defense interposed against an
insured in an action to enforce a contract for a sale of its 5. OPTIONS TO PAY OR OTHERWISE SETTLE
estate or interest in said land, to the extent that such CLAIMS
litigation is founded upon an alleged g:l:tL 'llil The company shal have the option to pay or otherwise
encumbrance, or other matter insured against by this settle for or in the name of an insured claimant any claimpolicy' insured against or to terminate all liability and obligations
(b) The insured shall notify the Company promptly in of the Company hereunder by paying or tendering payment
writing (i) in case any action or proceeding is begun or of the amount of insurance under this policy togetherwith
defense is interposed as set forth in (a) above, (ii) in case any costs, attorneys' fees and expenses incurred up to the
SCHEDULE A
Order No.: L2784'G C'3
Dateof Policy: June 2L' I985 At I:50 P'M'
PolicY No.: 0-503675
Amount of lnsurance: $ 3?5 ' 000 ' 00
defense is interposed as set forth in (a) above, (ii) in case any costs,
LrrrJ PviluY \ugtruttt vvtul
attorneys' fees and expenses incurred up to the
SCHEDULE A
Order No.: L2784-G C-3
Dateof Policy: June 2L, 1985 At 1:50 P'M'
1.Name of lnsured:
SEE PAGE 2A
The estate or interest in the land described herein and
FEE SIMPLE
a
Policy No.: 0-503675
Amount of lnsurance: $ 325 r 000.00
which is covered by this policy is:2.
3. The estate or interest referred
SEE PAGE 2A
to herein is at Date of Policy vested in:
4. The land referred to in this
SEE PAGES 28 AND
policy is described as follows:
2C
See Contlnuation Page
__€{
ALITI.IORIZED COUNTERS IGNATURE
tiTE\t:AII.T TIl'LH
OUARANTY COMPANYcoDE 0012
Page 2
ettacneU to and made a part of Sert Titte Guaranty Company Policy n ".0O-O03625
Continuation of Schedule A
ITEMS NO. 1 AAID 3
JENNIFER M. TOWELL AND GEORGE R. GRAHAM, AS TO PARCEL A
SUE L. GRAIil\M AND JAMES B. LOWELL , TTT , AS TO PARCEL B
JENNIFER M. tOTUELt, GEORGE R. GRAHA},I, SUE L. GRAFIAM AT.ID
JAt"lES B. tOf,lEtt, IIf , AS T0 PARCEL C
2315
(25M 2€41
STEWTI.RT TITLE
OUARAN?T COXPAI|IY
P.g" 4
Attached to and made a part of
Continuation of Schedule
o
Stewart
o
No.Title Guaranty Company Policy o-603575
A-No. 4
PARCET A
A TracE of land in the S?{N of the NW}r of Section 26, Township 6
South, Range 89 ?{est of the 5th P.M. further d.escribed as follows:
Beginning at a point on the South side line of said Sf{NNf,It Sectlon
26, whence the West quarter corner of said Sectlon 25 bears
N. 86o52'30" W. 49L.74 feet; .
thence S. 86052'30" E. 680.56 feet, along said South side line, of
said SWkNfr[k, Sectlon 26, to the Southeast corner of sald SWkNWt9ectlon 26i
Ehence N. 01037'hl. ?00.65 feeE along the East side line of said
SW!6N[ft Section 26i
thence N. 85052'30" [^1. 559.91 feet to a point which bears 200 feet
N.04oI7'L7" E. of the point of beginnlng;
thence S. 04017'L7" N.200 feet to the point of beginnlng.
PARCET B
flraE part of the SLS[TD{NW|, Section 26, Township 6 South, Rang'e 89
West of t.he 6th P.M. lying between State Highway No. 82 and the
Lookout Mountain Road ( said Lookout Mountain Road also being known
as the Red Canyon Road), as said State High',ray No. 8?, and Lookout
Mountain Road, a/k/a Red Canyon Road were located on June t2,1954
and bounded on the South by the South boundary line of said St[tNTdk
of said Section 26, excepting therefrom, that tract described as
follows:
Beginning at a polnt where the Nesterly boundary line of Red Canyon
Highway inEersects the Easterly line of State Highway 82i
thence Southerly along the East,erly line of said State Highway B?,
387 feet to a point;
thence East to the point where eaid line intersects said Red Canyon
Highway ithence Northwesterly along Ehe Westerly line of sald Red Canyon
Hlghway to the polnt of beginning.
EX(CEPTING from Ehe above described property, the property described
in Deed from Levi t. Crabtree and Myrtle A. Crabtree t,o The
Oepartment of Highways, State of Colorado, recorded January 7, 1955
in Book 363 at Page 68 as Reception No. 228247 , as follows:
A Tract or Parcel of land No. 3 of Colorado Department of Highways
Project No. S 0130(8) in the S?rIl of the N?{Ir of Sectton 26 Township
6 South R,enge 89 [rlesE of Ehe 6th P.M. .in Garfield County, Colorado
s,rid Tract or parcel being more particularly descrlbed as follows:
See Continuation Page
STE\,l'ART TITLE
OUANANTY COXPAXY2315
126M284l-
Page 28
oo
Attached to and made a part of Stewart Title Guaranty Company Policy No. 0-603675
23r 6
(25M 2€4)
Continuation of Schedule A-No. 4
Beginning at a polnt on the South line of the 5!$6 of the N!{k ofSeition 2t6, Township b South. Range 89 9{est from which the Nest
one-ha1f corner of Section 26 bears N. 87004' W. a distance of
?93.8 feet;
thence N. 7037'8. a distance of I10.4 feet to the Easterly rtght
of way line of S.H. 82 (May, L9641;
Ehence S. 17048'W. along sald right.of way line a distance of
113.8 feet to Ehe South line of the property;
thence S. 87004'E. along the South line of the property a distance
of 20.2 feet, more or less, Eo the point of beginning.
PARCEL C
All that part of Lhe SkS?[kNWk $ectton 26, Township 6 South, Range
89 NesE of the 5th P.l,t., being more particularly described as
follows:
Beginning at a point where the ?{esterly boundary ltne of Red Canyon
Highway intersects the Easterly line of $taEe Hlghway 8Zi
lhence Southerly along the Easterly line of said SEate Highway 82,
387 feet to a point;
thence East Eo the point where said line lntersects said Red Canyon
Highway;
Ehence Northwesterly along the litresterly line of said Red Canyon
Highway to Ehe polnt of beginning.
D(CEPTING THEREFROM those portions conveyed. to The Department of
Highways by documents recorded in Book 363 at Page 56 as Reception
No. 228246 and ln Book 365 at Page 478 as Reception No. 229654.
COUMTY OF GARFIELD
STATE OF COLORADO
STE\ryAR.T TITLE
OUANANTY COIIPA!'T
Pa1rc 2C
SUIIEUULE t'
PolicY No.: o-503575
This policy does not insure against los or damage by reason of the following:.L Rights or claims of parties in possession not shown by the public records.
2. Easements, or clainrs of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a
correct survey arrd inspection of the premises would disclose and which are 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,
F"', Any and all unpaid taxes and assessments and any unredeemedtax saIes.
5, T'he effect of tnclustons in any general or specific water
conservanCy, fire protection, soil conservatton or other
dlstrict, or lncluslon in any water service or street
improvement area.
7, Right of way for ditches or canals constructed by the authorityof the United States r ELe reserved in United. SEates Patent
recorded July L, 1954, irr Book 277 at Page 234 as Receptton No.
I85312.
8. All coal and other minerals together with the rlght to prospect
for, mine and remove Ehe same, f,s reserved by patent, recorrled,frrly L, 1954 in Book 277 at Page 234 as Reception No. 185312.
9. Right of way for Red. Canyon Road, alk/a Lookout Mountaln Road.
I0. Rights of way for Glenwood Ditch and power lines as the same
cross subject property as shown on Survey by Eldorado Engineerlng
Company, dated [,4arch Z!, 1978.
11, Telephone and Power lines as the same eross subject property as
ghown on Survey by Eldorado Engineering Company dated tlarch 31,
L978.
L2, Terms and conditions of the Subdtvtsion Exemption Resoluation
#81.-315, recorded Octobet 7, 198I in Book 5A? at Page 994 as
RecepEion No . 32005?.
13. Deed of Trust from Jennifer M. Lowell, George R. Graham, Sue L.
Graham and James B. Lowell, III to the Public Trustee of Garfield
r.)ounty, for the use of Glen E. Eash and fngrid T. Eash, to secure
qL7?,000.00, dated June 2L, 1985, record.ed June 2L, 1985 in Book
67L at Page 14 as Reception No. 362735, (Parcel C)
14. Deed of Trust from Sue t. Graham and James B. Lowell, III to the
Pub1ic lrustee of Garfietd County, for the use of Glen E. Eash
and Ingrld T. Eash, to secure $I031000.00, dated June 2L, 1985,
See Contlnuation Page
STE\vART TITLE
OUARANTY COMPANYPage 3
nL/
ett.cnea to and made a part of Sl., Title Guaranty Company Policy *of-OOS67S
Continuation of Schedule B
recorded June ?L, 1985 in Book 57I at Pagre 19 aE ReceptlonNo. 362736. (ParceI B)
15. Deed of Trust from Jennifer M. Lowell and George R. Graham
to the Public Trustee of Garfield County, for the use of
Glen E. Eash and Ingrid T, Eash to secure $103,000,00 dated
'Jr:ne 11, 1985, recorded June 21, 1985 in Book 67L at Page 24
as Reception No. 362737, (ParceI A)
16. Terms and Conditions of the Deed of Trust recorded June 2L,
1985 in Book 571 at Page 14 as Reception No,362,735.
L7 , Terms and Conditions of the Deed of Trust recorded June 2I,
1985 in Book 671 at Page 19 as Reception No,362736.
231 5
(25M 2€4)
STE\ry'AfIT TITLE
OUARANTY COilPAIVY
Page 3A
o
YMENT O6. DETERMINATION AND PA F LOSS
(a) The liability of the Company under this policy
shall in no case exceed the least of:
(i) the actual loss of the insured claimant; or
(ii) the amount of insurance stated in Schedule A.
(b) The Company will pay, in addition to any loss
insured against by this policy, all costs imposed upon an
insured in litigation carried on by the Company for such
insured, and all costs, attorneys' fees and expenses in
litigation carried on by such insured with the written
authorization of the Company.
(c) When liability has been definitely f ixed in accord-
ance with the conditions of this policy, the loss or damage
shall be payable within 30 days thereafter.
7, LIMITATION OF LlABILITY
No claim shall arise or be maintainable under this
policy (a) if the Company, after having received notice of
an alleged defect, lien or encumbrance insured against
hereunder, by litigation or otherwise, removes such defect,
lien or encumbrance or establishes the title. as insured,
within a reasonable time after receipt of such notice; (b) in
the event of litigation until there has been a final
determination by a court of competent lurisdiction, and
disposition of all appeals therefrom, adverse to the title, as
insured, as provided in paragraph 3 hereof; or (c) for
liability voluntarily assumed by an insured in settling any
claim or suit without prior written consent of the Com-
pany.
8. REDUCTION OF LIABILITY
All payments under this policy, except payments made
for costs, attorneys' fees and expenses, shall reduce the
amount of the insurance pro tanto, No payment shall be
made without producing this policy for endorsement of
such payment unless the policy be lost or destroyed, in
which case proof of such loss or destruction shall be
furnished to the satisfaction of the Company.
9. LIABILITYNONCUMULATIVE
It is expressly understood that the amount of insurance
under this policy shall be reduced by any amount the
Company may pay under any policy insuring either (a) a
mortgage shown or referred to in Schedule B hereof which
is a lien on the estate or interest covered by this policy, or
(b) a mortgage hereafter executed by an insured which is a
charge or lien on the estate or interest described or referred
to in Schedule A, and the amount so paid shall be deemed a
payment under this policy, The Company shall have the
option to apply to the payment of any such mortgages any
amount that otherwise would be payable hereunder to the
insured owner of the estate or interest covered by this
policy and the amount so paid shall be deemed a payment
under this policy to said insured owner.
10. APPORTIONMENT
lf the land described in Schedule A consists of two or
more parcels which are not used as a single site, and a loss is
established affecting one or more of said parcels but not all,
the loss shall be computed and settled on a pro rata basis as
Valid Only lf Schedules A and B ars Attached.
if the amount of insurance under this policy was divided
pro rata as to the value on Date of Policy of each separate
parcel to the whole, exclusive of any improvements made
subsequent to Date of Policy, unless a liability or value has
otherwise been agreed upon as to each such parcel by the
Company and the insured at the time of the issuance of this
policy and shown by an express statement herein or by an
endorsement attached hereto.
11. SUBROGATION UPON PAYMENT OR SETTLE.
MENT
Whenever the Company shall have settled a claim under
this policy, all right of subrogation shall vest in the
Company unaffected by any act of the insured claimant.
The Company shall be subrogated to and be entitled to all
rights and remedies which zuch insured claimant would
have had against any person or property in respect to such
claim had this policy not been issued. and if requested by
the Company, such insured claimant shall transfer to the
Company all rights and remedies against any person or
property necessary in order to perfect such right of
subrogation and shall permit the Company to use the name
of such insured claimant in any transaction or litigation
involving such rights or remedies. lf the payment does not
cover the loss of such insured claimant, the Company shall
be subrogated to such rights and remedies in the proportion
which said payment bears to the amount of said loss. lf loss
should result from any act of such insured claimant, such
act shall not void this policy, but the Company, in that
event, shall be required to pay only that part of any losses
insured against hereunder which shall exceed the amount, if
any, lost to the Company by reason of the impairment of
the right of subrogation.
12, LIABILITY LIMITED TO THIS POLICY
This instrument together with all endorsements and
other instruments, if any, attached hereto by the Company
is the entire policy and contract between the insured and
the Company.
Any claim of loss or damage, whether or not based on
negligence, and which arises out of the status of the title to
the estate or interest covered hereby or any action asserting
such claim, shall be restricted to the provisions and
conditions and stipulations of this policy.
No amendment of or endorsement to this policy can be
made except by writing endorsed hereon or attached hereto
signed by either the President, a Vice President, the
Secretary, an Assistant Secretary, or validating officer or
authorized signatory of the Company.
13. NOTICES, WHERE SENT
All notices required to be given the Company and any
statement in writing required to be furnished the Company
shall be addressed to it at its main office, P. O. Box 2029,
Houston, fexas 77252.
14. The premium specified in Schedule A is the entire.
charge for acceptance of risk. lt includes charges for
title search and examination if same is customary or
required to be shown in the state in which the policy is
issu ed.
STE}VAITT TITLE
GUARANTY COMPANY
FARCEL C
All that
89 West
follows:
tegr l_Oesc",yt4 'on-
part of the ShSWkNWt Sectlon 25, Township 5 South,
of the 5th P.I,t., being more particularly described
Range
as
Beginning at a point where the Westerly boundary line of Red Canyon
Highway intersects the Easterly line of SEate Hlghway 82;
thence Southerly along the Easterly line of sald State Highway 82,
387 feet to a point;
ttrence East to the point where sald line intersects
Highway;
thence NorEhwesterly along the [l,lesterly line of sald.
Highway to t,he point of beginning.
EX(CEPTING THEREFR0M those portions conveyed to Ttre Departnent of
Highways by documents recorded in Book 363 at Page 55 as Receptlon
No. 228246 and ln Book 365 at Page 478 as Reception No. 229654.
COUNTY OT GARFIELD
STATE OF COLORADO
Pags 2C
STE\ryART TITLE
OUARANTY COHPATY
said Red Canyon
Red Canyon
231 5
(26M 2€41