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GARFIELD COUNTY
APPLICATION
SPECIAL/CONDITIONAL USE PERMIT
Date: 4/ c2 /
Applicant: %QCs g�j / 5. 2-6A/,E
Address of Applicant: /,•>/%
Special/Conditional Use:
Legal Description: 4 /3 / N� ) jy C4 _.21);rc., ,
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Practical Description (location with respect to highways, county
roads, and residences):
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Requirements:
1. Plans and specifications for proposed use (hours of
operation, no. of vehicles/day, location and size of
structures, etc.).
—2. Existing or proposed method of sewage, source of disposal
and water. Road access and other information deemed
necessary to explain proposed use.
3. A vicinity map drawn to scale depicting the subject
property, location, and use of building and structures on
adjacent lots.
4. An impact statement on the proposed use where required by
Sections 5.03-5.03.12 of Zoning Regulations.
--5. A copy of Assessor's map showing property; and a listing
of all adjoining property owners of said property.
-� 6. A base fee of $/Op - shall be charged for each
application and shall be submitted with the application,
additional charges may be imposed if County review costs
exceed the base fee.
.-7. Attach a copy of proof of ownership for your property
(deed, title insurance).
If public notice is required, notice provided by the Planning
Department shall be sent out at least five (5) days prior to
hearing by return -receipt mail to all the above noted adjoining
property owners. Mailing is the applicant's responsibility and
proof of mailing must be presented at the hearing. Additionally,
the same notice shall be published one (1) time in the official
County newspaper at least fifteen (15) days prior to such hearing
date. Applicant shall bear the cost of publication and be
responsible for presenting the "Proof of Publication" at the
hearing.
The above information is correct to the best of my knowledge.
Applicant
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Thank you for your order.
Enclosed please find the following
in connection with our file No
(COMMITMENT
❑ TITLE POLICY
❑ ENDORSEMENT
TAX CERTIFICATE TO
❑ LIEN AFFIDAVIT
❑ TO FOLLOW
❑ OTHER
co 3-
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Commonwealth
,`■, Title Company
P.O. Box 352 / Rifle, Colorado 81650
Copies sent to:
If you have any stions, please phone
at 625-3300
COITMENT FOR TITLE INSURANCI
SCHEDULE A
FILE NO. 9102005
1. Effective Date:30th day of January, 1991, at 7:59 A.M.
2. Policy or Policies to be issued:
(a) ALTA OWNER POLICY, FORM B-1970 (REV. 10-17-70 AND 10-17-84)
Proposed Insured:
Bob Stone and Barbara J. Stone
(b) ALTA LOAN POLICY -1970 (REV. 10-17-70 AND 10-17-84)
Proposed Insured:
$14,000.00
$8,000.00
Cliff Soderberg
3. The estate or interest in the land described or referred to in the Commitment
and covered herein is Fee Simple and is at the effective date hereof vested in:
Cliff Soderberg
4. The land referred to in this Commitment is situated in the County of Garfield,
State of Colorado, and described as follows:
SEE EXHIBIT "A" ATTACHED HERETO
AND MADE A PART HEREOF
COUNTERSIGNED:
TITLE CHARGES
Owner's Policy
re -issue rate
Mortgagee's Policy
Tax Certificate
Jraeito
Authorized Officer or Agent
Valid Only if Schedule B and Cover Are Attached
American Land Title Association Commitment
Schedule A
(Rev'd 6-86)
$113.50
30.00
10.00
* •
FILE NO. 9102005
EXHIBIT "A"
LOT 3
CHIPPERFIELD ESTATES
Also described as follows:
A parcel of land in the Northeast one-quarter of Section 34, Township
6 South, Range 92 West of the 6th P.M., more particularly described
as follows:
BEGINNING at the Center of said Section 34 thence South 89°52'31"
East 1,320.46 feet to a point on the East line of the West one-half
of said northeast one-quarter thence North 0°12'01" East 500.00 feet
to the TRUE POINT OF BEGINNING thence continuing along the said east
line of the West one-half of the Northeast one-quarter North 0°12'01"
East 660.00 feet; thence North 90°00'00" West 1066.37 feet; thence
South 00°00'00" East 200.00 feet; thence North 90°00'00" East 400.00
feet; thence South 00°00'00" East 460.05 feet; thence North 89°59'44"
East 664.07 feet more or less to the TRUE POINT OF BEGINNING.
FILE NO. 9102005
• •
SCHEDULE B - SECTION I
The following are the requirements to be complied with:
1. Instrument creating the estate or interest to be insured must be must be
executed and filed for record, to wit:
a. Warranty Deed from Cliff Soderberg vesting fee simple title in
Bob Stone and Barbara J. Stone.
b. Deed of Trust from Bob Stone and Barbara J. Stone to the Public
Trustee of Garfield County for the use of Cliff Soderberg.
2. Pay the full consideration to, or for the account of, the Grantors or
Mortgagors.
3. Pay all taxes, charges, assessments, levied and assessed against subject
premises, which are due and payable.
4. Satisfactory evidence should be had that improvements and/or repairs
alterations thereto are completed; that contractor, sub -contractor, Labor and
materialmen are all paid; and have release of record all liens or notice of
intent to perfect a lien for labor or material.
NM 6
American Land Title Association Commitment
Schedule B - Section 1 - Form 1004-5
FILE NO. 9102005
• •
SCHEDULE B -SECTION 2
Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same
are disposed of to the satisfaction of the company:
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 lines, shortage in area, encroachments, and any facts which a correct survey
and inspection of the premises would disclosed 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.
5. Defects, liens, encumberances, 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 the proposed insured acquires
of record for value the estate or interest or mortgage thereon covered by this commitment.
6. Any and all 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. Right of the proprietor of a vein or lode to extract and remove his ore
therefrom, should the same be found to penetrate or intersect the
premises hereby granted, and a right of way for ditches or canals as
constructed by the authority of the United States, as reserved in
United States Patent recorded December 7, 1911 in Book 71 at Page
516.
9. Undivided one-half interest in all oil, gas and other mineral rights
as reserved by A. L. Patch, also known as Andy Patch in the deed to
Jack Dean, recorded December 13, 1950 in Book 255 at Page 493, and
any and all interests therein or assignments thereof.
10. Undivided one-fourth interest in and to all mineral rights as
reserved by Chas W. Banta in the deed to Clifton D. Govan, recorded
December 16, 1955 in Book 290 at Page 297, and any and all interests
therein or assigments thereof.
11. Undivided one-eighth interest in and to all oil, gas and other
mineral rights, as reserved by Clifton D. Govan in the deed to Harold
C. Carmack, recorded January 4, 1963 in Book 346 at Page 320, and any
and all interests therein or assignments thereof.
Continued on Page 2
NOTE: EXCEPTION(S) WILL NOT APPEAR IN
THE MORTGAGE POLICY TO BE ISSUED HEREUNDER
The Owner's Policy of Title Insurance commited for in this Commitment, if any, shall contain, in addition to the
Items set forth in Schedule B - Section 2, the following items:
(1) The Deed of Trust, if any, required under Schedule B - Section 1, Items (b).(2) Unpatented mining claims;
reservations 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
FILE NO.9102005
• •
SCHEDULE B - SECTION 2
CONTINUED
12. An undivided one-half interest in all ;minerals and mineral rights
included, but not limited to, oil, gas and hydrocarbons, as reserved
by Harold C. Carmack in deed to Divide Creek Land Co., recorded
February 28, 1969 in Book 500 at Page 86, and any and all intersts or
assignments thereof.
13. Easement and right of way for the new Multa Trina Ditch, insofar as
it may affect subject property.
14. Terms, conditions and obligations of Oil and Gas Lease by and between
Harold C. Carmack and Juanita A. Carmack as Lessors, and Mountain
Fuel Supply Company, as Lessee, recorded July 3, 1972 in Book 430 at
Page 460, and as extended in instrument recorded July 22, 1976 in
Book 586 at Page 922, and any and all interests therein or
assignments thereof.
15. Easement and right of way 20 feet in width for ingress and egress and
to construct, reconstruct, enlarge, operate, maintain and remove an
electric transmission line as granted to Holy Cross Electric
Association,, Inc. by Kenneth R. Mattingley and Cindy M. Mattingley in
instrument recorded September 29, 1981 in Book 582 at page 384.
16. Covenants, Conditions and Restrictions, which do not contain a
forfeiture or reverter clause, and omitting restricitons, if any,
based on race, color, religion or national origin, imposed on subject
property by instrument recorded January 18, 1984 in Book 642 at Page
621.
17. Easements and right of way as shown on the recorded plat of said
subdivision.
(Page 2)
• •
Commitment For Title Insurance
Commonwealth Land Title Insurance Company, a Pennsylvania corporation, herein called the company, for a valuable con-
sideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed
Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred
to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and
to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies
committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment
or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations
hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for shall
be issued, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the company.
IN WITNESS WHEREOF, the said Company has caused its Corporate Name and Seal to be hereunto affixed; this instrument,
including Commitment, Conditions and Stipulations attached, to become valid when countersigned by an Authorized Officer or
Agent of the Company.
Attest:
COMMONWEALTH LAND TITLE INSURANCE COMPANY
GZwtl�
/rA-seecrei,.,
By
President
Conditions and Stipulations
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter
affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B
hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for
any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose
such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise
acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option
may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included
under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance
hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in
Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event
shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is
subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of policy
or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part
of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out
of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must
be based on and are subject to the provisions of this Commitment.
PA 3
American Land Title Association Commitment - 1966
Cover Page
Form 1004-8
a.
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