HomeMy WebLinkAbout2.0 BOCC Staff Report 05.14.2001REQUEST:
APPLICANT:
LOCATION:
BOCC 5/14/01
PROJECT INFORMATION AND STAFF COMMENTS
An amendment to the approved Dixon
Exemption to Parcel B.
Kathie & Bill Bollock
A tract of land located in a portion o f Section
27, T7S, R88W of the 6th P.M.; located off of
Hwy. 82, Carbondale.
SITE DATA: Currently 2.650 Acres more/or less
WATER: Well
SEWER: ISDS
ACCESS: Highway 82
EXISTING/ADJACENT ZONING: A/R/RD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The site for the exempted lot is designated by the Garfield County Comprehensive Plan of
2001, Proposed Land Use Districts Map as medium/high density residential (2 to less than 6
acres per dwelling unit. The exemption appears to be consistent with the proposed
designations.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The site is located off of Highway 82, and is accessed off of a private
subdivision road, the driveway for Planted Earth Nursery. At this time, no legal address
has been assigned to Parcel B in the Dixon Subdivision exemption. Currently there are
no buildings on Parcel B.
B. Project Description: This parcel is part of the Dixon Subdivision Exemption. The
property was divided into 4 parcels with a conservation easement under resolution
number 79-60, recorded on June 12, 1979. Parcel B as it exists today is 2.650 acres more
or less in size. The applicants are proposing to amend the configuration of parcel B, due
to a fence line dispute with the neighbors on the east side of this parcel. Parcel B will
loose .48 of an acre making the new size of the parcel 2.17 acres more or less and the
neighbors to the east, the Powers, will take that .48 of an acre and add it to their existing
401 acres.
III. MAJOR ISSUES AND CONCERNS
A. Subdivision Regulations. Section 8:00 of the Garfield County Subdivision
Regulations establishes the criteria for the division of property via an Exemption
from the Definition of Subdivision. The original exemption application was made
using criteria the County had in effect in 1978, which did not have a requirement for
an exemption plat to be filed with the approval. However, the Dixon Subdivision
moved some lot lines around back in 1996 and an amended plat was signed by the
BOCC and recorded in the Clerk's Office. The applicants are requesting that the
original approval be amended by resolution and the filing of a second amended
exemption plat be made, based upon the recommendation of the County Attorney.
There is no formal procedure for this action, so staff has processed this with the same
notice requirements of an exemption.
B. Zoning: The proposal meets the criteria of a two (2) acre minimum lot size as
required by the A/R/RD zone district. All of the proposed lots meet the minimum
lot size criteria.
C. Legal Access: Access will be provided off of Highway 82 via a private subdivision
road. (through Planted Earth driveway)
D. Water: Based on information provided in the initial application for the Dixon
Exemption, the Division of Water Resources stated at that time that each individual
lot purchaser would have the ability to apply for a well permit.
E. Sewer: All lots will utilize Individual Sewage Disposal Systems (ISDS) for their
sewage disposal needs.
F. State and Local Health Standards. No State or Local health standards are applicable
to the application, with the exception of Colorado Department of Health ISDS
setback standards.
IV. SUGGESTED FINDINGS
1. That proper posting and public notice was provided as required for the meeting
before the Board of County Commissioners.
2. That the meeting before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting.
2
3. That for the above stated and other reasons, the proposed exemption is in the best interest
of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of
Garfield County.
V. RECOMMENDATION
Staff recommends APPROVAL, with the following conditions of approval:
1. That all representations of the applicant, either within the application or stated at the
meeting before the Board of County Commissioners, shall be considered conditions
of approval.
2. An Amended Exemption Plat of the Dixon Subdivision (include -Second -
Amendment) shall be submitted, indicating the legal description of the parcel,
dimension and area of the proposed lot, access to a public right-of-way, and any
proposed easements for setbacks, drainage, irrigation, access or utilities.
3
MAR -13-2001 11:38A FROM:BLDGPLANGARCO 9703843470
TO:9F9539855 P:2'4
&mended Plat Elie. tion Form I
Applicant Name: r 1 / /911/0( �}- i e l -x, l 10 C k_ 9q— jg y
Please attach a brief description of the amendments to take place, then sign and attach to this
application.
Subdivision Name: I X 0A1 ,u10 d� v/,5 ) 0 '4
iev Me_ ..19(e.ive
Engineer/Planner/Surveyor: S /di) ey %� l � C i C0 Y)
Location: .- - ON S + // Section 4i Township % Range F r
Owner:
Change in Public Access? YES 0 if Yes Where?
Existing Zoning: A ( ! /20
Change in Easement"?
If Yes Where?
Original Lot(s) Size(s) C C A/2/1i e_y , (oS Acize5 Cjir�e,.a (4.ota)
n efi 5 LICl /-C,2 e.5 • Lp5' 4)
h lotrzeAS rn e e+ 'LO N r /1l ci g e t .i yfl 3
Planning Department Review Fee:
County Surveyor Review Fee:
Total Filing Fee:
$100.00
$40.00
$140.00
03/27/1995 00:16 9705275292 MCCARNEY PAGE 02
wld::13 Q_a v"C, :2 C
i(0/, R, 2`m
M,Q.Cil-R A\ _;.)c„\--hc, Cv\.e.
w„
v�
--tea-,�-
T 1 4".) Q,
��� I N •Lv(1
ce. 1�- w � c►. v\ -C)
c�. Sbci,JtS� Q Q-wv.
v‘ev�j
\-)c
J
0(76'210 701
9.4q1
-C 3 84
'33 L
n1
ti
ti
ni IH
N ,•('
•
0 .a
0
s v
X
•
a �
2,5
om o o o o 0
g_> m Iz
2
cue
o'.
iiZ iii
C,<
L� 0 1. i O c
na•e 1 !,
V \ ;; 0..L ^ R
01
r `�
,,,„z„,„,„,
to'
a ►j
aV _ y:
M.
• '•� �vU'+ObQO � •'. tj q
„
A
X
0
d
r
o O
z
co
z
cn
•
•
I
CLERK AND RECORDER'S CERTIFICATE
P.
/ �
•M Oi'sOi�� -II'� •
19194 of
Pc w} eae s
COUNTY SURVEYOR'S CERTIFICATE
I
2
5 610
/9-C A.C.
L/-0/
a i o i H
M r r' -
o . w
< o , i
,.j m i Y`'T im 0 0 I o- !g*u67.nx
ri 2 :�m x I mo;
n I I M J L1 J 2 '; -,"1
r O � S O m y,
al U =~��i to 4I o N:f,wR m
:l O�,m �� O T JV D
n ' Z �r 1m� ::!!:::2!
Wr! 'g :77:i.t
„I 1 3: iyp
?. v 1 4;1
si.-..;: :Jr..
fi qqT•� .I LI �o�:'�
a1VOIA11.1 O
ZIVO I J I.L1130 S . 2IOA3Auns
3
co
co
APR -30-20101 MON 11:09 AM BEATTIE AND CHADWICK
Gan
970 945 8671 P. 02
Recorded atii —IL__ cloak-AA JUN 1 2 1979
Reception Mo. c' M1ldrad Aladorf, Rpoorder
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
RESOLUTION NO. 79-60 •
BOOK 529 r,GE7O4
WHEREAS, Roger M. Dixon has petitioned the Board of County
Commissioners of Garfield County, Colorado, for an exemption from the
definition of the terms "subdivision" and "subdivided land" under C.R.S.
1973, 30-28-101 (l0) (a) -(d), as amended, and the Subdivision Regulations
of Garfield County, Colorado, adopted January 2, 1979. Sections 2.02.21 (d)
and 3.02.01 for the division of a 13.37 acre tract described as follows:
that parcel of land as described in Document No. 237010 in the Office
of the Clerk and Recorder of Garfield County, Colorado into 4 tracts of
approximately 3.30, 3.99, 3.09 and 2.9J acres each, more or less, which
proposed divided tracts are more particularly described as follows:
Tract A: A parcel of land situated in Government Lot 6, Section 27,
Township 7 South, Range 88 West of the Sixth Principal Meridian,
lying Southerly of the Northerly boundary of said Lot 6, is more
particularly described as follows:
Beginning,at the East Quarter Corner of said Section 27, a brass
cap found in place; thence S. 68°17100" W. 1454.96 feet to a point
on the Northerly right-of-way of State Highway 82, being located
within said Section; thence leaving said right-of-way, North,
753.70 feet to the "True" point of beginning; thence S. 89°16'00"
W. 600.05 feet; thence North 290.00 feet to a point on said Lot 6
Northerly Boundary; thence N. 89°16'00" E. 600.05 feet along
said Boundary; thence leaving said Boundary South 290.00 feet
to the True Point of Beginning;
The above described parcel contains 3.99 acres, more or less.
Tract 6: A parcel of land situated in Government Lots 6 and 9,
Sedtion 27, Township 7 South, Range 88 West of the Sixth Principal
Meridian, lying Northerly and Easterly of the Northeasterly right-
of-way of an access lane, located in said Section, as constructed
and in place. is more particularly described as follows:
Beginning et the East Quarter Corner of said Section 27, a brass
cap found in place; thence S. 68°17'00" W. 1454.96 feet to a point
on the Northerly right-of-way of State Highway 82, being located
in said Section; thence leaving said right-of-way, North 379.00
B00X 529 r'ac>:705
feet to the True Point of beginning; thence W. 101.12 feet to a point
on said land right-of-way; thence 120.39 feet along a curve to the
left, along said right -°f -way having a radius 84.61 feet and chord
which bears N. 10°48'41" W. 110.49 feet; thence N. 51°34'22" W.
47.20 feet along said right-of-way; thence 116.06 feet along a curve
to the left, along said right-of-way having a radius 151.78 feet and
chord which bears N. 73°28'41" W. 113.25 feet; thence S. 84°37'00"
W. 24.38 feet along said right-of-way; thence 56.69 feet along a
curve to the right along said right-of-way having a radius 179.50
feet and chord which bears N. 86°20'09" W. 56.45 feet; thence
N. 77°17'19" W. 139.71 feet along said right-of-way; thence 53.56
feet along a curve to the left, along said right-of-way, having a
radius 154.12 feet and chord which bears N. 87°14'39" W. 53.29 feet;
thence 33.04 feet along a curve to the right, along said right-of-way
having a radius 80.65 feet, and chord which bears N. 85°27'52" W.
32.81 feet; thence N. 73°43'45" W. 31.02 feet along said rinht-of-way;
thence leaving said right-of-way North 151.04 feet; thence N. 89°16'00"
E. 600.05 feet; thence South 374.70 feet to the True Point of Beginning.
The above described parcel contains 3.09 acres, more or less.
Tract C: A'parcel of land situated in Government Lot 9, Section 27,
Township 7 South. Range 88 West of the Sixth Principal Meridian,
lying Northerly of the Northerly right-of-way of State Highway 82,
and Southeasterly of the Southeasterly right-of-way of an access lane,
as constructed and in place. both located in said Section, is more
particularly described as follows:
Beginning at the East Quarter Corner of said Section 27, a brass cap
found in place; thence S. 68°17'00" W. 1454.96 feet to a point on
said Highway 82 Northerly right-of-way, the True Point of Beginning;
thence S. 89°20'00" W., 585.05 feet along said Northerly right-of-way
to a point on said lane right-of-way; thence leaving said Northerly
right-of-way, North.31.51 feet along said lane right-of-way, thence
51.13 feet along a curve to the right, along said right-of-way, having
a radius 88.51 feet and chord which bears N. 16°32'11" E. 50.42 feet;
thence N. 33°04'23" E., 90.50 feet along said right-of-way;. thence
114.69 feet along a curve to the right, along said right-of-way,
having a radius 113.90 feet and chord which bears N. 61°55'11" E.,
APR -30-2001 MON 11:10 AM BEATTIE AND CHADWICK
•
970 945 8671 P. 04
a00K 529 1.4E706
109.91 feet; thence S. 89°14'00" E. 114.00 feet aTong said right-of-way;
thence 59.26 feet along a curve to the left, along said right-of-way,
having a radius 56.43 feet, and chord which bears N. 60°41'00" E.
56.57 feet; thence 26.82 feet along a curve to the right, along said
right-of-way, having a radius 19.04 feet and chord which bears N. 70°
56'57" E. 24.66 feet; thence S. 68°42'06" E. 89.47 feet along said
right-of-way; thence 126.11 feet along a curve to the left, along said
right-of-way, having a radius 50.06 feet, and chord which bears N. 39°
07'47" E. 95.31 feet; thence N. 33002'19" W. 25.04 feet along said
right-of-way; thence 70.50 feet along a curve to the right, along
said right-of-way, having a radius 64.13 feet and chord which bears
N. 01032'39" W., 67.01 feet; thence N. 29°57'00" E., 17.04 feet along
said right-of-way; thence leaving said right-of-way, East 101.12 feet;
thence South 379.D0 feet to a point on said Highway 82 right-of-way,
the True Point of Beginning. The above described parcel contains
2.99 acres, more or less.
Tract D: A parcel of land situated in Government Lot 9, Section 27,
Township 7 South, Range 88 West of the Sixth Principal Meridian, lying
enclosed within the Westerly right-of-way of an access lane as constructed
and in place, located in said Section 2', is more particularly described
as follows:
Beginning at the East Quarter Corner of said Section 27, a brass cap in
place; thence S. 68°17'00" W., 1454.96 feet to a point on the Northerly
right-of-way of State Highway 82; thence leaving said right-of-way,
N. 82°11'31" W., 605.62 feet to a point on said. Westerly right-of-way,
the True Point of Beginning; thence leaving said right-of-way, North,
481.49 feet to a point on said Westerly right-of-way; the following
courses being along said right-of-way; thence S. 73°43'45" E. 22.36 feet;
thence 45.33 feet along a curve to the left, having a radius 110.65 feet
and chord which bears S. 85°27'52" E., 45.01 feet; thence 43.13 feet
along a curve to the right, having a radius 124.12 feet and chord which
bears S. 87°14'39" E., 42.92 feet; thence S. 77°17'19" E.. 139.71 feet;
thence 66.16 feet along a curve to the left, having a radius 209.50
feet and chord which bears S. 86°20'09" E., 65.89 feet; thence N. 84°
37'00" E., 24.38 feet; thence 93.12 feet along a curve to the right,
having a radius 121.78 feet and chord which bears S. 73°28'41" E..
APR -30-2001 MON 11:11 AM BEATTIE AND CHADWICK
Y�
970 945 8671 P. 05
600X 529 pAGE707
90.87 feet; thence S. 51°34'22" E., 47.20 feet; thence 77.70 feet along
a curve to the right, having a radius 54.61 feet and chord which bears
S. 10°48'41" E., 71.31 feet; thence 5. 29°57'00" W., 17.04 feet; thence
103.48 feet along a curve to the left, having a radius 94.13 feet, and
chord which bears S. 01°32'39" E., 98.35 feet; thence S. 33°02'19" E.
25.04 feet; thence 50.53 feet along a curve to the right, having a
radius 20.06 feet, and chord which bears S. 39°07'47" W., 38.19 feet;
thence N. 68°42'06" W., 89.47 feet; thence 69.07 feet along a curve to
the left, having a radius 49.04 feet and chord which bears S. 70°56'57"
W., 63.50 feet; thence 27.75 feet along a curve to the right, having
a radius 26.43 feet and chord which bears S. 60°41'00" W., 26.50 feet;
thence N. 89°14'00" W., 114.00 feet; thence 144.90 feet along a curve
to the left, having a radius 143.90 feet, and chord which bears S.
61°55411" W., 138.86 feet; thence S. 33°04'23" W., 90.50 feet; thence
8.33 feet along a curve to the left, having a radius 118.57 feet, and
chord which bears S. 31°03'33" W., 8.33 feet to the True Point of
Beginning. The above described parcel contains 3.30 acres more or
less.
Tract "A". "8", "C", and "D" located in the State of Colorado and
County of Garfield; and
WHEREAS, the Petitioner has demonstrated to the satisfaction of the
Board of County Commissioners of Garfield County, Colorado, that the proposed
division does not fall within the purposes of Part 1, Article 28, Title 30,
Colorado Revised Statutes 1973, as amended, for the reason that the impact
created is not large enough to proceed through the subdivision process; and
WHEREAS, the Petitioner has demonstrated to the satisfaction of the
Board of County Commissioners of Garfield County, Colorado, that there is a
reasonable probability of locating domestic water on each of said tracts, that
there is adequate ingress and egress to said tracts, that the location of
septic tanks will be permitted by the Colorado Department of Health, that the
requested division is not part of an existing or larger development and does
not fall within the general purposes and intent of the subdivision regulations
of the State of Colorado and the County of Garfield, and should, therefore, be
exempted from the definition of the terms "subdivision" and "subdivided land"
as set forth in C.R.S. 1973, 30-26-101 (10) (a) -(d), as amended;
NOW. THEREFORE, upon the motion of R.C. Jolley , seconded
APR -30-2001 MCN 11:11 AM BEATTIE AND CHADWICK
by Larry Velasquez
970 945 8671 P. 06
BOOK 529 'LGE7O3
, and carried, the division of the above
described tracts "A", "B", "C", and "D" from the above described 13.37 acre
tract is hereby exempted from such definitions and said tract may be divided
into tracts "A", "B", "C", and "0", all as is more fully described above,
and said divided tract may be conveyed in the form of such smaller tracts
without further corpliance with the aforesaid subdivision statutes and
regulations; provided, however, that this exemption is granted on the condition
and with the express. understanding and agreement of the Partitioner
that no further exemptions be allowed on said tracts "A", "8", "C", and "0",
and that a copy of the instrument or instruments of conveyance when recorded
shall be filed with this Resolution.
Dated this llthday of June A.D. 1979.
THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
ATTEST: 41 M
Deputy C)
of Count
Garfield
4/61
erk of the BQ rd
Commissioners
County, Colorado
STEVEN M. BEATTIE
GLENN D. CHADWICK
KAREN J. SLOAT
CYNTHIA C. TESTER
BEATTIE & CHADWICK
ATTORNEYS AND COUNSELORS AT LAW
710 COOPER AVENUE, SUITE 200
GLENWOOD SPRINGS, CO 81 601
March 13, 2001
Garfield County Planning Department and
Board of County Commissioners
109 8th Street, Third Floor
Glenwood Springs, Colorado 81601
TELEPHONE (970) 945-8659
FAX (970) 945-8671
E-MAIL: KARENS@LEATHERBY.COM
Re: Application of Kathie and Bill Bollock for Plat Amendment
Dear Planning Department personnel and County Commissioners:
As you may be aware, this office represents Kathie and Bill Bollock concerning their
application for an Amended Plat of the Dixon Subdivision Exemption (the "Exemption") in
Carbondale, Colorado. The Bollocks intend to proceed without counsel, for the most part, to
seek your approval of the Amended Plat. However, we are providing this letter to accompany
their Application and explain the reason for their request.
The Bollocks are under contract to purchase the subject parcel within the Exemption
owned by Mary McCarney ("Parcel B"). Copies of the deeds vesting title in Ms. McCarney, her
note authorizing the Bollocks to submit the Application, the Bollocks' title commitment with a
legal description of Parcel B, and the existing, recorded Dixon Subdivision Amended Plat, are
included with your packets.
Parcel B is abutted on the East by land owned by the Estate of John Powers (the
"Estate"). A fence was placed by someone some time ago near that easterly boundary line of
Parcel B (the "Boundary"), and title to the portion between the fence line and the platted
Boundary is disputed by the Estate and Ms. McCarney. To resolve this dispute, Kimiko Powers,
the Estate's personal representative, and Ms. McCarney have entered into a verbal agreement
(currently drafted in a written document), by which the Estate will convey to Ms. McCarney an
easement for access and gardening and Ms. McCarney will, in exchange, convey to the Estate a
parcel of land along the Boundary. The requested Amended Plat is necessary to change the
Boundary to reflect the parties' agreement before the Bollocks purchase Parcel B.
The plat amendment and the conveyance, if they occur, will reduce the size of Parcel B to
just over two (2) acres, and increase the Estate's parcel to 35 or more acres. Accordingly,
adjusting the Boundary as proposed in the Application will allow both subject parcels to fall
within the County's subdivision exemption regulations.
Garfield County Planning Department and
Board of County Commissioners
March 13, 2001
Page 2
Because the existing Plat was recorded, and because this Boundary adjustment will only
change one existing lot line of the Dixon Subdivision Exemption, the Amended Plat may be
approved pursuant to §6:10, et seq. of the County Subdivision Regulations without notice and
without a public hearing.
We appreciate your consideration of the Application, and would be happy to provide any
additional information you require to process this request. Please feel free to contact the
Bollocks directly, at 963-1880, or Kathie Bollock at cellular phone number 379-7842, to discuss
this Application. Thank you for your courtesy and cooperation.
Very truly yours,
KJS:ks
October 04, 2000
STEWART TITLE OF GLENWOOD SPRINGS, INC.
202 8TH STREET
GLENWOOD SPRINGS, CO 81601
(970) 945-5434
FAX NO. - (970) 945-7081
ORDER NO. 00031209
RE: TBD HWY 82
MCCARNEY/BOLLOCK
IN CONNECTION WITH THE ABOVE ORDER NUMBER, PLEASE FIND ATTACHED THE FOLLOWING:
Title Commitment X
Amended Commitment Direct all closing questions to:
Endorsement CLOSER: PAULA KIEFFER 704-1000
Policy * Indicates changes in the amended
Commitment
Original to: William and Kathryn Bollock c/o Terry
PC to: Mary McCarney
Harrington Real Estate-Matt/Terry
Schedule B Documents to: William and Kathryn/Terry
PLEASE READ CAREFULLY
1. This is a Commitment to issue one or more policies of title insurance in
our Standard Form when the requirements set forth in the Commitment have
been satisfied.
2. Only the policies shown are committed to. If there are any changes in
the transaction, order an endorsement from us. Stewart Title reserves
the right to add and/or delete requirements and/or exceptions accordingly.
3. The date,on this Commitment is important. NOTHING after that date has
been considered by us.
4. This commitment is good for 6 months only. Extensions should be ordered
from us if they are needed.
5. If you have any questions regarding the examination of this commitment,
please call David Stubbs at 970-945-5434.
American Land Title Association Commitment - Modified 3/78
(5
COMMITMENT FOR TITLE INSURANCE ISSUED BY
STEWART TITLE
GUARANTY COMPANY
STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for
valuable consideration, 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 six months after the effective date hereof
or when the policy or policies committed for shall issue, whichever first occurs, provided that the
failure to issue such policy or policies is not the fault of the Company.
Signed under seal for the Company, but this Commitment shall not be valid or binding until it bears an
authorized Countersignature.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to
be hereunto affixed by its duly authorized officers on the date shown in Schedule A.
/
STEWART TITLE
GUARANTY COMPANY
•
/� / .1 1
/
(JAW ,. ���`���*.G�g99
Chairman of the Boar 3 3� `j l04.,4t.^'S<
v. 1909 ,••o
President
Count • ned: .4442 S 7°
4
Authorized Countersignature
STEWART TITLE OF GLENWOOD SPRINGS, INC.
P.O. Box 430
Glenwood Springs, Colorado 81601
(970) 945-5434
Agent ID #06051A
No. (X)031209
Order
(5
SCHEDULE A
Order Number: 00031209
Effective date: August 15, 2000 at 8:00 A.M.
2. Policy or Policies to be issued: Amount of Insurance
(a) A.L.T.A. Owner's (Standard) $ 127, 000.00
Proposed Insured:
WILLIAM J. BOLLOCK AND KATHRYN ANN BOLLOCK
(b) A.L.T.A. Loan
Proposed Insured:
TO BE AGREED UPON
(Standard) $ 216,000.00
(c) Leasehold $
Proposed Insured:
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 fee simple estate or interest in said land is at the effective date hereof vested in:
MARY E. MCCARNEY AKA MARY MCCARNEY
5. The land referred to in this Commitment is described as follows:
SEE ATTACHED LEGAL DESCRIPTION
Purported Address:
TBD HWY 82
CARBONDALE, CO 81623
(D
STATEMENT OF CHARGES
These charges are due and payable before a
Policy can be issued.
1992 Owners Premium
1992 Mortgage Premium
Tax Certificate
Form 100
Form 8.1
$ 552.00
$ 354.00
$ 10.00
$ 20.00
$ 20.00
Order Number: 00031209
SCHEDULE A
LEGAL DESCRIPTION
A parcel of land situated in Government Lots 6 and 9, Section 27, Township 7
South, Range 88 West of the 6th Principal Meridian, lying northerly and
easterly of the centerline of a 30 feet access easement as constructed and in
place, located in said Section, more particularly described as follows:
Beginning at the East quarter corner of said Section 27 a brass cap found in
place;
thence S. 68°17'00" W 1454.96 feet to a point on the northerly right of way
of State Highway 82, being located in
said Section;
thence leaving said right of way, North 237.00 feet to the "true" point of
beginning;
thence West 103.13 feet to a point on the centerline of a 30 foot access
easement;
thence along said centerline 32.21 feet along a curve to the left having a
radius of 35.06 feet and a central angle of 52°38'17", the chord of which bears
N 06°43'17" W 31.09 feet;
thence along said centerline N 33°02'19" W 25.04 feet;
thence along said centerline 86.99 feet along a curve to the right having a
radius of 79.13 feet and a central angle of 62°59'19", the chord of which bears
N 01°32'39" W 82.68 feet;
thence
thence
radius
along said centerline N 29°57'00" E 17.04 feet;
along said centerline 99.04 feet along a curve to the left having a
of 69.61 feet and a central angle of 81°31'22", the chord of which bears
N 10°48'41" W 90.90 feet;
thence
thence
radius
along said centerline N 51°34'22" W 47.20 feet;
along said centerline 104.59 feet along a curve to the left having a
of 136.78 feet and a central
angle of 43°48'38", the chord of which
bears N 73°28'41" W 102.06 feet;
thence along said centerline S 84°37'00" W 24.38 feet;
thence along said centerline 61.43 feet along a curve to the right having
a radius of 194.50 feet and a central angle of 18°05'41" the chord of which
bears N 86°20'09" W 61.17 feet;
thence along said centerline N 77°17'19" W 4.58 feet;
thence departing said centerline North 212.59 feet;
thence N 89°16'00" E 355.80;
thence South 516.70 feet to the "true" point of beginning.
COUNTY OF GARFIELD
STATE OF COLORADO
also described as follows:
Parcel B,
DIXON SUBDIVISION AMENDED PLAT,
according to the plat recorded May 17, 1996 as Reception No. 493122.
Order Number: 00031209
SCIIEDULE I3
Section I
REQUIREMENTS
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the fall consideration for the estate or
interest to be insured.
Item (b) Proper instrwnent(s) creating the estate or interest to be insured must be executed and duly filed for
record, to wit:
1. Execution of Affidavit as to Debts and Liens, which is attached or will be
provided at closing.
2. Deed from vested owner vesting fee simple title in purchasers.
3. Deed of Trust from the Borrower to the Public Trustee for the use of the
proposed lender to secure the loan.
NOTE: Effective September 1, 1997, CRS 30-1-406 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 inch. The Clerk and Recorder may refuse to record or file
any document that does not conform.
Order Number: 00031209
SCHEDULE B
Section 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following 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 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.
S. 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 the proposed insured acquires
of record for value the estate or interest or mortgage thereon covered by this commitment.
6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof;
water rights, claims or title to water.
7. Any and all unpaid taxes and assessments and any unredeemed tax sales.
8. The effect of inclusions in any general or specific water conservancy, fire
protection, soil conservation or other district or inclusion in any water
service or street improvement area.
9. Right of the proprietor of a vein or lode to extract and remove his ore
therefrom, should the same be found to penetrate or intersect the premises
hereby granted, as reserved in United States Patent recorded May 27, 1895 in
Book 12 at Page 366 as Reception No. 18425.
10. Right of way for ditches or canals constructed by the authority of the United
States, as reserved in United States Patent recorded May 27, 1895 in Book 12 at
Page 366 as Reception No. 18425.
11. Terms, agreements, provisions, conditions and obligations of County Subdivision
Exemption Resolution No. 79-60 recorded June 12, 1979 in Book 529 at Page 704
as Reception No. 294840.
12. Terms, agreements, provisions, conditions and obligations of Affidavit Re:
Boundary Line Adjustment recorded May 8, 1992 in Book 831 at Page 106 as
Reception No. 434508.
13. Terms, agreements, provisions, conditions and obligations of Road Maintenance
Agreement recorded November 25, 1988 in Book 741 at Page 684 as Reception No.
397082.
14. Terms, agreements, provisions, conditions and obligations of Deed Conveying a
30 Foot Road Right of Way recorded May 17, 1961 in Book 334 at Page 169 as
Reception No. 213773.
Continued on next page
Continuation of Schedule B - Section 2
Order Number: 00031209
15. Terms, agreements, provisions, conditions and obligations of Memorandum of
Water Allotment Contract recorded August 12, 1998 in Book 1083 at Page 97 as
Reception No. 530384.
16. Any and all easements, rights of way and plat notes as shown on the Plat
recorded May 17, 1996 as Reception No. 493122.
DISCLOSURES
Pursuant to C.R.S. 10-11-122, notice is hereby given that:
(A) THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT;
(B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE
OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S
AUTHORIZED AGENT;
(C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH
DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE
COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR.
Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII 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 Stewart Title of Glenwood Springs, Inc. 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 Lender's Title Policy when issued.
Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception
No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the
following conditions:
A. The land described in Schedule A of this commitment must be a single family residence, which
includes a condominium or townhouse unit.
B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction
on the land described in Schedule A of this Commitment within the past 6 months.
C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled
mechanic's and materialmen's liens.
D. The company must receive payment of the appropriate premium.
E. If there has been construction, improvements or major repairs undertaken on the property to be
purchased, within six months prior to the Date of the 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.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE
ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE
FULLY SATISFIED.
Order No. 00031209
Disclosures (YSDD) Rev, 10/99
t;
Mar, 8. 2001 5:14PM STEWART TITLE GLNWOD No. 4339 8, 1/11
Date: s3 /
STEWART TITLE
of Glenwood Springs
804 Colorado Avenue
2°d Floor
Glenwood Springs, CO 81601
Phone (970) 945-5434
Fax (970) 945-7081
Time sent: V; ,zv
To:is . \ifAoci From: Pam Holmes
Fax Number: q`1 - siaq i No. of pages (to follow): /0
Comments:
94L C7(iiDAiLtO�
If you have any questions, comments, concerns or need assistance please feel
free to contact me at the above phone number.
Mar, 8. 2001 5:14PM STEWART TITLE GLNWOD
3'
Recorded al U1.5, o'dak=
Reception No. 30373 M
No. 4339 P. 2/11
JUN 24 1983
ED ALSDCRF, RECORDER
liAHR1NTT DUD
YNOW ALL MHN BT THESE PRESENTS:
THAT LEE E. Te'OE. and PEARL T. TePOEL, of the County of Carfiald
and Stara of Colorado, for and in consideration of Ten Dollars and other
valuable consideration, in hand paid, hereby sells; and conveys tor
STEVE WOW= and !SARI 1ScCARNEY, as joint tenants
whose ]gal address is: 12744 Highway 82
Carbondale. CO. 81623
the following deacribtd property situate in the County of Garfield and
State of Colorado, ra—wit;
Parcels of land situate in Lore 6 and 9 of Sec. 27, Township 7
South. Raga 88 west of the 6th P.M. in Gazfiald County, Colored,,
said pareela being described an Exhibit "a" attached hereto and
incorporated hereby by this reference;
latch all 1ra appurtenances and warrants title to the lama, except and
subject to general property taxes of a currant nature; U.S. Patent
reeervatians of record; raatrictione contained in deed recorded an
Reception No. 228504 in Book 363 at Page 331 of the Garfield County
records; building and zoning regulations; and lien of first dead of
trust for benefit of Valley Federal Strings and Loan 4saociation
recorded as Reception No, 274717 of the Carfle..d County records, which
Deed of Trust and tha vote secured thereby grantees have asanxed and
agreed ro pay.
SIGNED this j' a day of June, 1983.
STATE Or COLOHADO )
) ss.
cool= OF GARFTrCD
Lee E. TaPoal
Purl T. TaPoel
Subacribad and sworn to before ate thin 24thd.ay of June, 1983, by
Lea B. TaPoel and Pearl T. TePoal.
ilitneas ay hand and official seal.
cousiaaion expiraai
February 24. 1985
' (fir !i'C cJ1�
Votary Public
817 coloraao Ave., Salta 201
Glenwood Springs, CO. 81601
lddresa
Mar, 8. 2001 5:14PM, .STEWAP,T TITLE GLNWOD
BIIiIHIT "A"
PARCEL A
No, 4339 P. 3/11
e08K 623 NmEEAS
A tract of land situate in Lots 6 and 9, Section 27, Tovnahip 7 South.
Range 88 West of the 6th Principal Meridian described as follows:
Beginning at a point on the North line of State Highway No. 82 whence
the Esst Quarter Corner of said Section 27 beers N. 74'23'30" E,
2,026.30 feet (being the Southeast corner of that earrain tract
described In Book 334, Paga 169, Garfield County Clerk's Office); thence
North along the Sant boundary of said tract a distance of. 250 feet;
thence Went a distance of 200 feet; thence South 51 feet; thence Bast 11
feet; thence South 16 feet;'thence West 11 feet; thence South a distancca
of 183 fest, sore or less. to the North line of Colorado Highway 82;
thence N. 89'ZO' E. along the Northerly boundary of Highway 82, a
diatonre of 200 feet more or lees, to the point of being.
PARCEL B
A parcel of land situated in Lot 9 of Section 27, Township 7 South.
age 88 West of the Sixth Principal Meridian, Reid parcel of lead is
described as follows:
legiuni.ag at the Sass Quarter Corner of said Section 27; thence S.
74'23'30" W. 2026.30 feet; thence North 250.00 feet to THE TBUE POINT OF
BEGINNING; thence West 200.00 feet; thence North 25.00 tett; thence Last
200.dO feet; thence South 25.00 feet to THE TBIIE POINT OF BEGINNING.
COUNTY WF GARFIE1D
STATIC 0Y COL081b0
Together with all of the water and water righta and ditch and ditch
rights appurtenant to the above described real property, including
without limitation, 4.4 shares of thn capital stock of the Lovor Lalao
Ditch Ca., without warranty of title.
Mar, 8. 2001 5:14PM STEWART TITLE GLNWOD No. 4339 P. 4/11
•
SEF I O 19A5
Recorded et- 1 •'')24 '1 o'clock p M
���1�� f
IC 1oa No u 7 MILPAED ALfil]OF{f, RECORDCR
GARFIELD COUNTY, COLORADO
State Uoc,unentary Fre '$ i
ems 675 iic6324
MABRA Y DEED
R. McFarland Dixonitaj ldien01 Cotton .scharge Building, Dallas, TX
75201, for the consideration of one Hundred Dollars and other good and
valuable consideration, in hand paid, hereby sella and conveys to STEVEN P.
`cCARKEY and MARY E. NcCARNYY, ae joint tenants, whose address ie 12744
Highway e2, Carb:X dale, CD 81623, the following real property in the County
of Garfield, State of Colorado, to wits
Parcels A, B, and C na :ieecrilwd acre fully in Fzbibit A attached •
hereto and incorgacacrd herein by this reference, •
.+11'h all its appurtenances and warrants title to the same. subject toe
The effect o' inclusions in any general or specific water conservancy, Eire
protection, soil conservation or other district or inclusion•in any water
service or street ittsrovement area:
,/tight of way as contained in the u. s. Patent recorded in Book 12 at Page 366
'f t1 o untie ld County records:
/ Terms and conditions of the Canty subdivision ivision Fxemptiou Resolution No. 79-60
recorded in Book 529 at Page 704 of the Garfield County records:
nrairage eaasenEnt being ]0 feet in width 5 feet on each side of the talla+ing
centerline; across Parcel II: Beginning ata point on said Southeasterly
ight-of-way, whence the "True" Foint of Beginning of the above described
parcel bears S. 71.43'13" 5. 535.43 feet; thence S. 41'03'00" E. 99.00 feet to
the point of termination;
A. 10 foot utility easement being 5 feet in width or, either aide of the
following described centerline: across Parcel C: Beginning at. the Northwest
Corner of the above described parcel; thence; South 192.47 feet to the point of
termination:
A 10 foot drainage easement, being 5 feet in width on either side of the
following described centerline: across Parcel C: Beginning at the point of
termination cf the above described utility eaeaaent; thence S. 13.01'24" E.
63.55 feet: thence S. 33'57'49" E. 99.07 feet= thence 5. 16'25'02" E. 55.8B
Leet to a point on said Westerly right of way; GAlt1.D
SEP 10 1;85
Stats Doc aim
General tones for 1985, due and payable in 1966.
alarED this 4 • clay of Sr -11-44..— Lc... , 1965.
R, McFarland Dixon ��.t f t,,,. i, &re`'
STATE OF
CaiTY or nottS
S `7
f Thforegoing Warranty Cued Woe acknowledged before see this 4, day of
JgeTamw3401, , 1985, by R. McFarland Diwon aka Roger M- Dixon
•
Witneas my land and official se41.
`. cut 1 expires:
ti u
• r'Y lc
Address: c21 e.17er ateilemid
0,44.10.1 , 7•k • aw..ZLQJ
ART:101 H. PARHAM, Notary PuWu
ind for the 51ala of Tama
Cosaasgimt inputs 1u 31, �
Mar, 8, 2001 5:15PM STEWART TITLE GLNWOD No, 4339 P. 5/11
6.
•
"00!( 675 /:c/325
PARCEL A
A Farcel of land situated in Government Lots 6 and 9, Section 27,
Township 7 South, Range 88 West of the 6th P.M., lying Northerly
and Easterly of the Northeasterly right-of-way of an access lane
located in said Section, as constructed and In place, to more
particularly described as follows!
Beginning at the East Quarter Corner of said Section 27 brass cap
found in place;
thence S. 68°17'00" W. 1454.96 feet to a point on the Northerly
right-of-way of State Highway 82, being located in said Section;
thence leaving said right-of-way, North 379.00 feet to the -True'
point of beginning;
thence West. 101.12 feet to a paint cn said lane right-of-way;
-thence 120.39 feet along a curve to the left, along said right-
of-way having a radius 84.61 feet and chord which bears:
N. 10°48'41' W, 110.49 feet;
thence N. 51°34'22" N. 47,20 feet along said right-of-way;
thence 116.06 feet along a curve to the left, along said right-
of-way having a radius 151.78 feet and chord which bears:
N. 73'28'41" W, 113.25 feet;
thence S. 84°37'00'' H. 24.38 feet along said right-of-way;
thence 56.69 feet along d curve to the right along said right-
of-way having a radius 179.0 feet and chord which bears:
N. 86°20'09" W. 56.45 feet;
thence N. 77°17'19" W. 139.71 feet along said right-of-way;
thence 53,56 feet along a curve to the left, along said right-
of-way, having a radius 154.12 feet and chord which bears:
N. 87°14'39" H. 53.29 feet;
thence 33.04 feet along a curve to the right, along said right-
of-way having a radius 80.65 feet, and chord which bears:
N. 85.27'52- W. 32.61 feet;
thence N. 73°43.'45" W. 31.02 feet along said right-of-way;
thence leaving said right-of-way North 151.04 feet;
thence N. 89°16'00" E. 600.05 feet;
thence South 374.70 feet to the "True" Point of Beginning.
PARCEL B
A Parcel of land situated in Government Lot 9, Section 27,
Township 7 South, Range 88 West of the 6th P.N., lying Northerly
of the Northerly right -Of -way of State Highway 82 Ind Southeast-
erly of the Southeasterly right-of-way of an access lane. as
censtructed'and in place, both located in said Section, is more
particularly described as follows:
Beginning at the East Quarter Corner of said Section 27, a brass
cap found in place;
thence 5. 68°17'00' W. 1454.96 feet to a point on said Highway 82
Northerly right-of-way the "True" Point of Beginning;
thence S. 89.20'00" W. 585.05 feet along said Northerly right-
of-way to a point on said lane right-of-way;
thence leaving said Northerly right-of-way North 31.51 feet along
said lane right-of-way;
thence 51.13 feet along a curve to the right, along said right-
of-way having a radius 88.51 feet and chord which bears:
N. 16°32'11" E. 50.42 feet;
thence N. 33'04'23" E., 90.50 feet along said right-of-way;
thence 114.69 feet along a curve to the right, along said right-
of-way, having a radius of 113.90 feet and chord which bears:
N. 61°55'11" E. 109.91 feet;
thence S. 89°14'00" E. 114.00 feet along said right-of-way;
thence 59.26 feet along a curve to the left, along said right-
of-way, having a radius 56.43 feet, and chord which bears:
N. 60°41'00" E. 56.57 feet;
thence 26.82 (eat along a curve to the right, along said right-
of-way, having a radius 19.04 feet and chord which bears:
N. 70°55'57' E. 24.66 feet;
Mar, 8. 2001 5:15PM STEWART TITLE GLNWOD No. 4339 F. 6/11
tax 675 ia326
thence S. 68°42'06" E. 89.47 feet along said right-of-way;
thence 126.11 feet along a curve to the left, along said right-
of-way, having a radius 50.06 feet, and chord which bears:
N. 39°07'47" E. 95.31 feat;
thence N. 33°02'19" W. 25.04 feet along said right-of-way;
thence 70.50 feet along a curve to the richt, along said right-
of-way, having a radius 64,13 feet and chordwhich bears:
N. 01°32'39" W. 67.01 feet;
thence N. 29°57'00" E. 17.04 feet along said right-of-way;
thence leaving said right of way, East 101.12 feet;
thence South 379.00 feet to a point on said Highway 82 right
of way, the "True" Point of Beginning.
PARCEL C
A Parcel of land situated in Government Lot 9, Section 27,
Township 7 South, Range 88 West of the 6th P.M,, lying enclosed
_within the Westerly right-of-way of an access lane as constructed
and in place, located in said Section 27, is more particularly
described as follows:
6eainnina at the East Quarter Corner of said Section 27; a brass
car in place;
thence S. 68°17'00" W.. 1454.96 feet to a point on the Northerly
right-of-way of State Highway 82;
thence leaving said right-of-way, N. 82'11'31" W. 605.62 feet to
a point on said Westerly right-of-way, the "True° Point of
Beginning;
thence leaving said right-of-way, North, 481.49 feet to a paint
on said Westerly right-of-way;
the following courses being along said right-of-way;
thence 5. 73°43'45" E. 22.36 feet;
thence 45.33 feet along a curve to the left, having a radius
110.65 feet and chord which bears 5. B5°27.52" E. 45.01 feet;
thence 43.13 feet along a curve to the right, having a radius
124.12 feet and chord which bears: S. 87°14'39" E. 42.92 feet;
thence S. 77.17'19" E. 139.71 feet;
thence 66.16 feet along a curve to the left, having a radius
209.50 feet and chord which bears S. 86'20'09" E. 65,89 feet;
thence N. 84°37'00" E. 24.38 feet;
thence 93.12 feet along a curve to the right, having a radius
121.78 feet and chard which bears: 8. 73°28'41" E. 90.87 feet;
thence S. 51.34'22" E, 47.20 feet;
thence 77.70 feet along a curve to the right, having a radius
54.61 feet and chord which bears 3 10°48'41" E. 71.31 feet;
thence S. 29°57'00" W. 17.04 feet;
thence 103.48 feet along a curva to the left, having a radius
94.13 feet, and chord which bears S. 01°32'39" E. 98.35 feet;
thence S. 33°02'19" E. 25.04 feet;
thence 50.53 feet along a curve to the right, having a radius
20.06 feet, and chord which bears 5. 39°07'47" W. 38.19 feet;
thence N. 68°42'06" W. 89.47 feet;
thence 69.07 feet along a curve to the left, having a radius
49.04 feet and chord which bears 9. 70°56'57" W. 63.50 feet;
thence 27.75 feet along a curve to the right, having a radius
26.43 feet and chord which bears: S. 60'41'00" H. 26.50 feet;
thence N. 69°14'00" W. 114,00 feet;
thence 144.90 feet along a curve to the left, having a radius
143.90 feet, and Chord which bears 3. 61°55'11" N. 138.86 feet;
thence S. 33°04'23" H. 90.50 feet;
thence 8.33 feet along a curvo to the left having a radius 116.57
feet, and chord which bears: s, 31.03'31' W. 8.33 feet to the
"True" Point of Beginning_
COUNTY OFGARFIELD
STATE OF COLORADO
Mar. 8. 2001 5:15PM STEWART TITLE GLNWOD No. 4339 P. 7/11
6\
• Recorded al
I O �clock p
, 'iecepuon No 426x1 5 x
AUG 9 1991 eooK 810 PlGE788
Recorder.
QUIT CLAIM DEED
THOS DEED, Made ihta 7th nay at August , 1991
between STEVEN P. McCARNEY
of the *County of
Colorado, grantor(s), and MARY E. McCA&NEY
whose legal address is
of the
12744 St. Buy 82, .
Carbondale, CO 81623
County of Garfield
and sure of '
�GARFIED
8�3iGDoo.9fr
4
and Stere of Colorado, gtamoe(s).
WITNESSETH, Tbu t1a grantor(s), foc sad in oonddaation ofthe Property Settlement Agreement in
4-1
Garfield County District Court Case No. 89 DR 195
the soxipt and sufficiency of which is hereby acknowledged. has monied. retested. sold and QUIT CLAMED, sodby
theu Fr -seats do CS temire, Masao, sell and QUIT CLAN unto the gnn c(s), her hero, suceason and msigm,
fon+cti dl the right, tick, intercat t,alm and demand which the grantor(s) ha is and to the teal property together wail
iaspfotemenu, dray, situate, lying nod being in me County of Garfield erre Susi of
Casocuso. desncined as Wows:
Parcels A, 13, and C an described more fully in Exhibit "A"
attached hereto and incorporated nerein by this reference.
also known by nivel and number as;
it) HAVE AND To HOLD the tame, together- with all and siagular the opPurtcaiwi cs and privileges thereunto bdatging or in
anywise thoCaaW opprataiting, and all t tc sack, right, title, marten and claim, whatsoever of the grmsor(sl, ether in law or equity, to
the only proper me. benefit and behoof of she grmmc(a), her hews .4 :Aligns brevet.
1r W rtNESS WHEREOF, The gruuor(s) hag uccuted thio deed on the date ra forth Anna.
;A.., 9' e
STATE OPCO✓✓JJLORADO,
County of JtJCl G/
The foregoing iauruusent wax ackaow ed taefo,e rite chit
by Steven P. McCsrney
My tVnlmirawl capita M Commlee,on eao.w 9/1uti,l9
201 boron Smog
Stevan P. McCarney
2»' day of (24, --mut,
1.:c �d
. Wiilmu my hand and of&nal real. "'L, `G. ; I„ j •
r
Glennnod Semmes. CO 111/0/
9-29,-/x-/ .9( "./I7%:"..;......4,2,A
If in Danver. instal "City and,"
.r .t
coir
rod 937. a1.v. 441. 91J1T CLAIM IMYO
anakrd h14.4.q.17a1 wino a . W,net ('O x9191-1107, Z/2.21ca —seri
Mar, 8. 2001 5:16PM STEWART TITLE GLNWOD No, 4339 P. 8/11
eooK 810 1'4E789
}2LiIS:T A
PARCEL A
A Farrel of land situated in Government Lots 6 and 9, Section 27,
Township 7 South, Range 88 West of the 6th P.H., lying Northerly
and Easterly of the Northeasterly right-of-way of an access lane
located in said Section, as constructed and in place, is more
particularly described ae follows:
Beginning at the East Quarter Corner of said Section 27 brass cap
found in place;
thence 9. 68'17'00" W. 1454.96 feet to a point on the Northerly
right-of-way of State Highway 82, being located in said Section;
thence leaving said right-of-way, North 379.00 feet to the 'True"
point of beginning;
thence West, 101.12 feet to a point on said lane right-of-way;
•thence 120.39 feet along a curve to the left, along said right-
of-way having a radius 84.61 feet and chord which bears:
N. 10°48'41" W. 110.49 feet;
thence N. 51'34'22" H. 47.20 feet along said right-of-way;
thence 116.06 feet along a curve to the left, along said right-
of-way having a radius 151.78 feet and chord which bears:
N. 73°28'41" W. 113.25 feet;
thence 9. 84°37'00" W. 24.38 feet along said right-of-way;
thence 56.69 feet along a curve to the right along said right-
of-way having a radius 179,50 feet and chord which bears;
N. B6°20'09" W. 56.45 feet;
thence N. 77°17'19" W, 139.71 fest along said right-of-way;
thence 53,56 feet along a curve to the left, along said right-
of-way, having a radius 154.12 feet and chord which bears:
N. 87.14'39" W. 53.29 feet;
thence 33.04 feet along a curve to the right, along said right-
of-way having a radius 80.65 feet, and chord which bears:
N. 85°21'52" W. 32.81 feet;
thence N. 73°43'45" W. 31.02 feet along said right-of-way;
thence leaving said right-of-way North 151.04 feet;
thence N. 89°16'00" E. 600.05 feet;
thence South 374.70 feet to the "True" Point of Beginning. •
FARCEL 8
A Parcel of land situated in Government Lot 9, Section 27,
Township 7 South, Range 88 West of the 6th P,N., lying Northerly
of the Northerly riaht-of-way of State Highway 82 and Southeast-
erly of the Southeasterly right-of-way of an access lane, as
constructed and in place, bath located in said Section, is more
particularly described as follows:
Beginning at the East Quarter Corner of said Section 27, a brass
cap found in place;
thence S. 60'17'00' W. 1454.96 feet to a point on said Highway 82
Northerly right -of -'way the "True" Point of Beginning;
thence 9. 89020'00" W. 595.05 feet along said Northerly right-
of-way to a point on said lane right-of-way;
thence leaving said Northerly right-of-way North 31.51 feet along
said lane right-of-way;
thence 51.13 feet along a curve to the right, along said right-
of-way having a radius 88.51 feet and chord which bears:
N. 16°32'11" E. 50.42 feet;
thence N. 33°04'23" E., 90.50 feet along said right-of-way;
thence 114.69 feet along a curve to the right, along said right-
of-way, having a radius of 113.90 feet and chord which bears:
N. 61°55'11" E. 109.91 feet;
thence S. 89°14'00" E. 114.00 feet along said right-of-way;
thence 59.26 feet along f curve to the left, along said right-
of-way, having a radius 56.43 feet, and chord which bears:
N. 60°41'00" E. 56.57 feet;
thence 26.82 feet along a curve to the right, along said right-
of-way, having a radius 19.04 feet and chord which bears:
N. 70°56'57" E. 24.66 feet;
EmHIDIr "A" (2 pages)
Mar, 8. 2001 5:16PM STEWART TITLE GLNWOD No. 4339 P. 9/11
•
BOOK 810 ncE790
thence 5. 66°42'06" E. 89.47 feet along said right-of-way;
thence 126.11 feet along a curve to the left, along said right-
of-way, having a radius 50.06 feet, and chord which bears:
N. 39°07'47" E. 95..31 feet)
thence N. 33°02'19' W. 25.04 feet along said right-of-way)
thence 70.50 feet Tong a curve to the right, along said right-
of-way, having a radius 64.13 feet and chord which bears:
N. 01°32'39" W. 67.01 feet;
thence N. 29'57'00" E. 17.04 feet along said right-of-way)
thence leaving said right of way, East 101.12 feet;
thence South 379.00 feet to a point on said Highway 82 right
of way, the "True' Point of Beginning.
PARCEL C
A Parcel of land situated in Government Lot 9, Section 27,
Township 7 South, Range 88 West of the 6th P.H., lying enclosed
within the Westerly right-of-way of an access lane as constructed
and in place, located in said Section 27, is more particularly
described as follows:
Beginning at the East Quarter Corner of said Section 27, a brass
cap in place)
thence S. 68°17'00- W., 1454.96 feet to a point on the Northerly
right-of-way of State Highway 82;
thence leaving said right-of-way, N. 82°11'31" W. 605.62 feet to
a point on said Westerly right-of-way, the "True" Point of
Beginning;
thence leaving said right-of-way, North, 481.49 feet to a point
on said Westerly right-of-way;
the following courses being along said right-of-way)
thence 3. 73'43'45" E, 22.36 feet;
thence 45:33 feet along a curve to the left, having a radius
110.65 feet and chord which bears S. 85.27.52"'E, 45.01 feet;
thence 43.13 feet along a curve to the right, having a radius
124,12 feet and chord which bears: S. 87°14'39" E. 42.92 feet;
thence S. 77°17'19" E. 139.71 feet;
thence 66.16 feet along a curve to the left, having a radius
209.50 feet and chord which bears S. 86°20'09"'E. 65.89 feet;
thence N. 84.37'00" E. 24.38 feet;
thence 93.12 feet along a curve to the right, having a radius
121.78 feet and chord which bears; S. 73°28'41" E. 90.87 feet;
thence S. 51°34'22" E. 47.20 feet;
thence 77.70 feet along a curve to the right, having a radius
54.61 feet and chord which bears 9. 10°48'41" E. 71.31 feet;
thence s. 29°57'00" W. 17.04 feet)
thence 103.48 feet along a curve to the left, having a radius
94.13 feet, and chord which bears 3. 01'32'39" E. 98.35 feet;
thence S. 33°02'19" E. 25.04 feet;
thence 50.53 feet along a curve to the right, having a radius
20.06 feet, and chord which bears S. 39°07'47" W. 38.19 feet;
thence N. 68°42'06" W. 89.47 feet)
thence 69.07 feet along a curve to the left, having a radius
49.04 feet and chord which bears 5. 70.56'57' W. 63.50 feet;
thence 27,75 feet along a curve to the right, having a radius
26.43 feet and chord which hears: 3, 60°41'Q0' W. 26.50 feet;
thence N. 89°14'00" W. 114.00 feet;
thence 144.90 feetalong a curve to the left, having a radius
143.90 feet. and chord which bears 5. 61°55'11" W. 138.86 feet;
thence S. 33.04'23" W. 90.50 feet;
thence 8.33 feet along a curve to the left having a radius 118,57
feet, and chord which bears: S• 31.03'33" W. 4.33 feat to the
"True" Point of Beginning.
COUNTY OF GARFIELD
STATE OF COLORADO
Mar, 8. 2001 5:16PM STEWART TITLE GLNWOD
•
Rccordcd az e6 clock
Reception No. 7
i
h
M AU6 9 1991
No, 4339 • P. 10/11
• ra
QUIT CLAIM DEED
THIS DEED, Made this 7Ch day of August
between STUB MC CARNET
of the 'Cooney of
Colorado, grantor(s), and MARY McCARNEY
whore Icgal adds= is 12 744 Hwy 82
Carbondale, CO 81623
of the County of Garfield
and Slate of
fax '810 ritt795
and Suite of COIondo, gtsuuee(si
Garde d Coimcy Di tribe (d
C cEaae o0°of89014rWLY Set Clement Agreement in
the receipt and ruf6deacy of which is hereby acknowledged. ba s • remised, rekased, solo and QUn' CL .D ED, and by
these presents do es rtmisa, ndta,e, Kr and QUIT CLAIM unto the g anteeoik her Aoki, mtccstoe and await¢..,
fame!, Al the right, tide, intnr.ti. claire asci desoaod ',kith the graaor(S) ha i in and to the mss property, IogNhat with
improvements, if any, sinner, lying and beim is Ore County of Garfield and Stew of
Colorado. described as formed:
Parcels of land situate in Lots 6 and 9 of Sec. 27, Township 7
South, Range 88 Beat of the 6ch P.M. in Garfield County, Colorado,
aaid parcels being described on Exhibit "A" attached hereto and
incorporated hereby by tnie reference;
elso known by scree and number as: 12744 Hwy 82, Carbondale, CO 81623
'm HAVE AND 10 HOLD Ile same, topthce with all and singular the appurtenance and privileges dictum belonging or in
anywise rhercunco appornining, and all the caste, right, Tide. interest reel dans whataoeecr, ;tithe grantor(sl tiller in law or oguiLy, ro
ms only proper use. beoc9t Ind bceoof of tic grantee(s). her beim and aura: fosse!.
Au WITNESS WHRREOF, The gtsder(s) has executed thin deed es the date set fords above.
STATE OF COLORADO,
County of N kA o
Thc4ucganginntcurrcntwin rltDuv IxlbcG>.crocNis
by Steve MeCarney
My cernmissioo axone. , 19
My Commlaaron raphe 5/14/11
201 Om hth Street
Glenwood Swings, C011601
'If in Dema, in en'City and."
ih,(2
Steve McCarney
7971 1Ss. IItdagmf kS�Gdlt -m' • i;7.'\1rk
. Witomy hand sad oflictll sad. •,.
esci
)/ i// /1/ lL�,7/7/,1
Ne. 91j
Re. 4-91. QVRCLUM onto
W aa(era ry$'.'. nr. 171 ) W.,,. L.. D...., CO 41020] —11071 !91.25401
-31
Oe
Mar, 8.2001 5:17PM STEWART TITLE GLNWOD
a•.
No. 4339 P. 11/11
Noll 810 ,IGE796
PARCPI. A
A tract of land aituatc in Lota 6 and 9, Section 27, Township 7 south,
Range 88 want of the 6th Principal Meridian described as follovat
Beginning at a point on the North line of State Highway So. 82 whence
the East Quarter Corner of eaid Section 27 bears N. 74'25'30" E.
2,026.30 feet (being the southeast corner oof that
Ccertai Office);in tract
thence
described along
Book 33East
Page 169,osaid tract a atance of 25�eet t 11
thence
eWest aths Etat aofboundary00 Chance South 51 feet; distance
thence heac +Smiitha16efeet2;Othence �West 11 feet; thence South a
fact; cheats the North live of Colorado Highway 82;
of 183 feet. more or leas, to of Highway 82, a
thence N°20
distance.
of9200'feet more oreless, htoloy
E. along thepointof beginning.
PARCEL H
A parcel of land situated in Lot 9 of Section 27. Township 7 South,
Range 89 pest of the Sixth Principal Meridian, said parcel of land is
described an follow
Beginning at the East Quarter Corner of said section 27; thence S.
74°23'30" N. 2026.30 feet; thence North 250.00 feat to THE TRUE POI Ea at
INT OF
BEGINNING; thence Fest 200.00 feat; thence North 25.00 feat;
200.00 feat; thence South 25.00 feet to THE TRUE POINT OP BEGINNING,
COUNTY OF GARFIELD
STATE OF COLORADO
Together with all of the water and water rights and ditch end ditch
rights appurtenant to the above described real property, including
without limitation, 4,4 shares of the capital stock of the Lower Eels*
Ditch Co.. without warranty of title.
EXHIBIT "A"
3
Vi