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HomeMy WebLinkAbout2.01 BOCC Staff Report 01.18.1996• • MEMORANDUM TO: Board of County Commissioners FROM: Mark Bean and Eric McCaffert RE: English Subdivision Exemption (Continued from 12/4/95) Date: 1/18/96 As you recall, the applicants live in No Name and receive water via a community system and use ISDS for water treatment. When this is the case, the County Zoning Resolution, Section 5.04.03, mandates a minimum lot size of one (1) acre. The size of the applicants property was originally 2.76 acres and the request was to create a total of three (3) lots, each proposed to be 0.90 acres in size. If three (3) lots were approved by the Board, it would have violated the above referenced section of the Zoning Resolution. The Board continued the request to allow the applicants time to add enough land to create a minimum of one (I) acre for each proposed lot. Contained below is an excerpt from a letter- sent to Mark & Melissa English concerning the status of their subdivision exemption request. "' It is my interpretation that, even if you were able to increase the lot size, this request would not be valid. As we discussed some time ago, Section 8:52 of the Subdivision Regulations states, "The Board shall not grant an exemption unless the division proposed for exemption has satisfied the following criteria:" and further states, in part, "No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973, ..." If you were to add land to your piece of property, at any time after January 1, 1973, then that "new" property would be described as of the time the land was added and, therefore, would not meet the above criteria. Although, in theory, I do approve of your request, especially since it would add to the efficiency of an emergency response to Rock Gardens and is not out of character with the surrounding area, I must support the Subdivision Regulations and opine that adding additional land would not satisfy, and would be in violation of, the aforementioned criteria."' The above quoted passage is an interpretation based on my reading of Section 8:52. In reality, the approval of such a request would be a judgement made by the Board, as the passage is sufficiently broad to allow different interpretations. With that said, I must offer the following caveat as a "worst- case example" of how this ruling may be abused in the future: Say, for instance, a property owner has a two (2) acre lot and an adjoining property owner has a 20 acre tract, both existing prior to January 1, 1973, and within the A/R/RD zone district. The owner of the 2 acre lot could, today, arrange for a boundary line adjustment to acquire 8 acres from the adjoining property owner. We would still have 2 lots, a 10 acre lot and a 12 acre lot, therefore, no additional lots, parcels or separate interests have been created. Both owners then apply to the County for Subdivision Exemptions to create four lots each from their new tracts. In effect, if granted by the Board, a total of eight (8) lots could be created, whereas, without the boundary adjustment, only a total of five (5) lots could have resulted if the owner of the original 20 acres petitioned for exemption. As an isolated, hypothetical example, this would not be, in itself, so bad; however, it could leave the door open for any and all property owners who did not qualify for the exemption process, because they could not meet the original, lot definition criteria, to now make application. As staff, we believe this was not the intent of the original language. It was intended to allow an owner of a piece of property, as that property was legally described in a deed of record on January 1, 1973, to request an exemption. Ultimately, the ruling by the Board could be considered a precedent for future decisions and requires that a certain amount of caution be exercised. Qrl7Am ch s//0‘ z 1 13OCC 12/4/95 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: An exemption from the definition of subdivision. APPLICANT: Mark & Melissa English LOCATION: A portion or land located in Section 2, i'6S, R19W of the 6th P.M.; approximately two (2) miles east of Glenwood Springs in No Name. SITE DATA: 2.76 Acres WATER: Water shares to be purchased from the No Name Creek Water Association. SEWER: Individual Sewage Disposal Systems ACCESS: Direct access lronn CR 129; easements for tots to be created. EXISTING/ADJACENT ZONING: R/G/SI) 1. RELATIONSHIP TO TILE COMPREHENSIVE I'LAN The property is located in an area that is not adequately addressed in the new Comprehensive Plan, for Study Area 1, Land Use Districts Maps, therelore, given the size of the lots and the sizes of the surrounding Tots, the proposal is not out of character with adjacent land uses. 11. DESCRIPTION OF THE PROPOSAL A. Site Description: 'File properly is located in No Nance adjacent to the western property line of Rock Gardens. The tract is a long, relatively narrow rectangle consisting of 2.76 acres, oriented north -south, which fronts on No Name Lane and runs almost to the Colorado River. The property slopes very gently and evidence of an old apple and cherry orchard is seen throughout the central and southern portions of the property. The I3ro wn-Nlonroe Ditch traverses the tract fi.om the northeastern corner to the southwestern corner and many large stones are scattered over the central and southern portions of the tract. An existing (home and yard occupy the northern third of the lot. See vicinity map on page __..... _ 13. Adjacent Land Uses: Rock Gardens, located immediately east of the property, is a characteristically dense mobile home and single -fancily dwelling subdivision and the surrounding area consists of generally small parcels (0.25 to 1 acres in size) consisting predominantly of single family homes. C. Proposal: The proposal specifies the subdivision of the 2.76 acre tract into three (3) parcels of approximately 0.90 acres each, in size. The applicant currently resides in the existing home and would like to create the two (2) new lots in an effort to build a new residence on one of the newly created Tots. Two (2) easements are shown on the sketch map, one that will provide access to the lots to be created the other world provide access to a neighboring property, presumably to allow subdivision of that property. See sketch map on page erxrael M. MAJOR ISSUES AND CONCERNS A. Subdivision Regulations. Section 8.52 of the Garfield County Subdivision Regulations state that "No more than a total of jOur (1) lots, parcels, interests or dowelling Units 11)1/1 he created from ally parcel, as that parcel u'as described in the recordv of the Outfield County clerk and Recorder's Office on .laimaly 1, 1973, and is not a part of 0 recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (Stale or Federal highway, County road or railroad) or natural feature, preventing joint -use of the proposed tracts, and the division Deems along the public right-of-way or natural jeu/ure, sl/ch parcels thereby created may, in the discretion of the roared, not he considered to have been created by exemption IIwith regard to the jinn. (I) lot, parcel, interest or dwelling unit limitation otherwise applicable;" A lengthy title search has been submitted with this application and It appears that the property in question was originally Dart of a live (5) acre tract no later than 1948. Since then, al least two (2) easements have been granted and, in 1965, it appears that 11)proximately two (2) acres were subdivided from the parent tract, leaving the size of the property in question at 2.76 acres. The applicants then acgt ired the property from the estate of an earlier owner in 1980. See deeds on pages j-•• 15 13. Zoning: The property exists within the R/G/SL) zone district which designates a minimum lot size of 20,000 square feet. All proposed Tots are larger than this minimum requirement. According to Section 5.04.03 of the County Zoning Resolution, if water will be supplied from a central system (as in this case) the minimum lot size requirement for the use of ISDS is one (1) acre. Therefore, given the aggregate size oldie parent tract, only one (1) additional lot could be allowed to be created. C. Water_ The applicant specifies the purchase of additional shares of water from the No Name Creek Water Asselation (NNCWA) as the water supply for this proposal. An attached letter (page f ) indicates that the water association has water available and will supply the required water. ll appears that two (2) shares per lot are necessary, one share for a domestic water supply, the other for an irrigation water supply. Apparently, NNCWA has a water right of 2.08 cfs, the equivalent of 933 GP fvf . D. Sewer: The applicant proposes the use of individual sewage disposal systems for the lots to be created. Soils on-site, according to the Soil Conservation Service, are of the Ascalon -Pena complex, generally deep and well -drained. I3uilding site development and use of ISDS on these soils carry moderate to severe ratings, generally due to the presence of Targe stones. Staff recommends a plat note be included to address these potential limitations. Access: The Tots Io be created are proposed to he accessed via a 20 foot wide access and utility easement which would extend along the eastern property line. Furthermore, the applicant has indicated this easement would also provide an emergency access to the central portion of the Rock Gardens property. Apparently the applicant has discussed this proposal with the Glenwood Springs Department of Emergency Services and Rock Gardens an(I it appears all parties are in favor of this additional, emergency access. Additionally, staff recognizes this emergency access as a proactive step in addressing a potential problem as not only would access be upgraded, but an additional fire hydrant would be supplied on the applicant's property adjacent to Rock Gardens. Another easement for access is proposed on the sketch map, which would provide access to a portion ()Idle neighboring (westerly) property. See sketch neap, page Fire Protection_ The Glenwood Springs Department of Emergency Services has been asked to continent on access easement requirements and specific dimensions of an easement that would allow access to Rock Gardens. At this writing, 110 response has been received. Staff recommends the applicant follow all suggestions from the -6800/4 • 59,6 .9"' n (;h '' Cardiff i A .� II `il , 6 JI /1.'19 y, C?I Js1)�/ $1�( !'F'? 4/� Si 6869V- SCALE 86911= nom_/ SCALE 1.24 000 61(LE I600 0 100C 2000 4000 5000 6000 '0 r 44, CONTOUR INTERVAL. 40 FEET DOTTED I II'IES REPRESENT 20•F001 CONTOURS NATIONAL GEODETIC VER1ICA1. DATUM OF 1y29 tC Iwo A' 0, 8360 It .8 -00- I') u Ul.11,7ila�• In P,. l'. Ili '1! I'1 ;I 1 l'I 1 11);' U1. !), • 1 fP I ti�':;'.'�lJ11v J'J':'J.'. v..i.JJ�JiJJ,,• ••,,v; J', • yv. No. 3082 7 Ott) c 1 Atl ,) t) ( 4) 1 cn ) (,r ) nt ) c> )! t1••) ( nt ) ( e.) C ( �r f 't.I..1V.lr , rl'.}i. �..�' -1:1-r :1' �) �1 ,:. �,-'I 1 )-�• 1:,-p l)j, �'>.• 1 �v♦ q) '1,1.?' ' ,t8);sf ta,t)k 0 ) • • !,' ''', ,.. __ ___ .:t 'P. \ g n i ,,Y-I:evY" ' I �r'�`',A!'h 1 } r ' 0 , .1 —T E FOi_LOWING DESCRIBED PELs-TA-IE st-rui\-rr-D I (GARF'IELD COUNTY, COLOR /1l)O n A tract of land situate in the Southeast: corner of the tl[wW',; of Section 2, Tp. 6 S., R. 89 W., of the GLII P.M. , bounded on the North by the `ont.11 line of former State Highway (said Ilidbl'rdy location being approximately that of present U. S. Ilidbl•rdy Ho. 2'1), on the Cast by the Last line o f N['.i5W,i Section 2, on the South by the South line of the NP,;SW,i Section 2, and on the blest by c1 parcel of land conveyed to Georgia 0. Pratt by Document recorded January 28, 1965 in Rook 363 at fade 370, Document No. 228531. 171E GAItFIC•_r..0 Couriry ABSTRACT COMPAN G1:RN V/OC)1) SPR1NG',, COLO 11 A. DO 1.1coned nna Bonclocl ilnaor the I.nwn r,( C_rrlor ao E3TAI)LI:,IIEl) 1887 1 ( 1 •r .-__��. .I r,• , l.. sr �r tt t a'17,)1,1/ r t I .,.,,: 7 �. ") tt� . •,) ) )( cr )( ,J t c r ) r I ( v r ( t r) ( i) ( t r ) (t ) (t r) 1 j t r t L .: ( 1 I t r) 1 77 1r.. t7 1 1 CerU:/1614401 (cOntinued) • l(a) To my Grandson, Frank'L. Pratt, cash in the sum of ;‘.500.00 and.the 1/4th of my oil royalties from what is known as Lhe son Creek Fidd. (b) To my Grandson,.Laurence Pratt, Lhe suin of 000.00, and the lAth of my Oil Royalties from what is known as theVidlson 1 Creek Field. (( ) To my DanghLer-in-baw, Georgla O. PraLt, the sum of ..500.0t; and bond No. 2570 of the Southern Allinois L Missouri Brida,e Com- pany, par value, 0_,,000.00, and two shares of Public Service Com- pany of Colorado, 5» stock. (d) To Mary Ruth Pratt, wife of my Grunidson Laurence Pratt, all of my alinois Power Company Stock. II!' (e) To my niece, Lillian How21dsen, of Chicago, illinois, :1;,200. , (2) AfLer the payment of expenses and debts: and distribution of the foregoing specific bequesLs, 1 direct L1(d, all moneys or pro- ::. perty of whatsoever kind or characker remaining in my estate, shall '.; be distributed Lo and become Lhe property of my son, lAdtoi Pratt., ' Lo be his absolutely and wiLhouL reservation. 1 hereby consLitirke and appoint', my SOH, heRoi Pratt, Lobe Lhe executor oC this, my Last Wilt and TesLamenk, uld request Lhat he be not required Co give bond for the performance of his duties as ,.I d such executor. IH WiLnes Whoreof, 1. have herennLo sok my hand ibis fth day h of December, A. D. 19/1.6. Nellie M. Pratt testaLrix 'de, the undersined wiknesses, do hereby skate L1;iL Lhe above 111 TestaLrix in Lite presence or each of'us; Lhat at, khe Lime of sub - and foregoing Will was subscribed by the said Nellie M. Pratt, scribing said Will, Lhe said TeskaLrix did declare the said Will to be her Lusk Will and Teskament, ,md each of us, au Lhu request of sold TosLatri and 1.11 her presence and LI) the presence of each ether, do sin Lilo said Will, as wlknesses Lhereto. N. J 1:,ayes Albert bon Myrta Lee Mayes. Filed for record June 25, 1947 at 2:10 o'clock PIM., and recorded in book 22'7 at pae 228 thereof. 4o. 23 vi Le Roi Pratt WARRANTY DEED - JOINT TENANTS )oc .#3_6412 To _ _ _ _ Dated March 1, 1948 Acknowled,Ted *March 2, 1968 before John L. 'and Genevieve L. Dever Marcus J. Mayes, Notary Public of Garfield CounLy, (:0101:1d0 .00 I, H. o. Conveys: Unto said parties of the second parL, not in ten- ancy in common but in joint tenancy, tile survivonr of them, their assigns and Lhc heirs and 1:33ir-,1L3 Of such survivor, forever, all Lhe iollowin described nroperty, to -wit: / A tract oC land COHL6illiflp 5 acnds, sikuake in khe So: corner of L he 14ESW;; OL ;jcc . 2, Tp. 6 S 11. 80 1' , bounded on Lhe 1 North by khe South line of the former State Hile.:ay (said Hi.,,:hway :d:locate'd -and being approximately that of presenk, U. S. Hidr,hway /.4), on Lhe ;'',aut by thne .!.,asr, line of said ;.)., and OH Li e Soukh by khe SouLh line of said 14E;.;41, (.e. 2, „Hd on the (conkinned) contintod • aria• :;•!t7 v ilii'°tCl I :!���. J,�.:ii1:• �,..It�o��t��yl . •�':,i J� D'b�.:�(i.(i West.by a lane par,i1le1 Lo Lhe EasL r _ 1. r l tine of said 1�1G�1'�'il'!r of ,;ec . 2, a(; the distance necessary Lo make the acres. Also r in Lhe Drown and Monroe 1):i.Lch, and Lhe J. C. r�o an alLequ: l Brown Lateral equal to Lhe amount; ,which wonld he rad ju(licnLed to said land under the la of Lhe ;31L1Le or Colorado, be:i_u,; 1/10 o1: one cubic: foot, of water per second of I :i_ iie. i(. Thi. ;.; deed is made subject, Lo ex LsLill:r 1'.l.p;hLs of way. Filed Cor r'ecol.•c1 March 1.8, 1948at 2:50 o'clock L;M. , and recorded in book 23/1 at pr e 567 Lhel.'eof. gd° •1: No. 21 lloc.11 •"',.s - ~ ._-- ..--- •*"="::::::::— ..- . %:".::':::::::::::'..."7.:t.:::::17_:::::: ,1111 . Tills I)E1 ), Linde rty o df Jrnrlt141r do li:ls 2�]L}l. r �, I in tho year of our I.arll ono thaue:nd rise lusnitrc•J owl :51Xt�',' 1 fl botwecn __ GILNEVIEVE L. and .1011111 L, D r1GMi , of lho of Colorado, of the flrnl part, nod 28534 II Cowl)y of •,'i ^' Giilll'.tl',1,D and tit ltu GEORGIA 0, PRAT" P - -- - - I '' of the County of t;aT-f i c Bost Slate of Colorado, of the nccond purl: of the (iral purl, for 11:'•11 in con:Chic nit ion of the Bum of TAAnuatt W'1'i'N1 . SL I'1[,'I'hnlmill part i eJ Dollars and other good and vnluahle cons.iclerationrl to llu suit part lel/ of the first purl in hand paid by the said !sad. y wl,creu( is hereby confensed and nclutuv;ledged; ha 'r0 IirItl t(d imogoineti, prescnto du Cf^ grnitt, hnrl;nin, atal Convoy and confirm, unto the 011111 part y heirs and assigns forever, all the following described lut 01 parcel Culutty of Garfield n the A tract of land Lho Southwest QuarLer(NO,SW), Section 'f90 (2), Township :pix (6) :;ouch, Rant;o 89 tract being described ria of the second part, the receipt Bald and conveyed, and by these of lho second part, h©Y' of lucid, situate, lying and being and •`dale of Colorado, to -suit: contain hie, Two (2) acre©, sit,ulLe 111 Lhe l'It,rLhea5L Qunrtor of I,'vIo:,L of the OLh, 11.1.1., in Garfield County, Colorado; said t 111Tht1-ows: 1\ , quOnni.nr� ni n point on South Right of Way linr oi' ::).H. 11 "Access Rad F'I I ) r "1 i feet west of the Mast line of .he Northeast �I(U..i, N. 1i1.t t1,sl,;t;�t:t• o • i, Ij !1111 Quarter 'of Soutar -:eat Quarter 2. I I li it 'r 1,Ge nrno,-TnL. that Col °r'nrl<), 1•1::ln}.; II 1. t iO''wL ); '1•hcnc1: :•.,oLh, a 1i:li_ft:Ice or 7.10 foot to the South .Line of said N1 SW Thence East, a distance of 120 feel, alonE; South l ne of said NE4SW1,; ;}. 'Thence North, a distance of 720 feet to South R.O.W. line of "Access Road , Ftl . 11. 'Thence 'V,osL , a distance of 120.2 feet., more or lras, along South li_rlo of said "Access Road F" Go Lhe point or Iacl.;il:n.i.l:re. Also an interest in the drown and 1•'.onf oe Ditch aIId the J. C. Drown lateral equal to would Go adjudicated Go said land unties' the laws of the 3LaL° of 1/2; (0.01,) of '1110 ,:ul.'.c foot of waGor 1'c'i' 00001(11 of L1nle. is \ 1 11 '1Ulil'l'11hat will) nil 1(0.1 r,in,(UlnI. the. holeflilnmcnty rind 'wpmtymi1rea lhrreln belonging, or In nnywloo appertaining-, and lho reversion R0,1 o•voiI rsna, rcnullnticr 011(1 rt•n,ain'I(I 1, rcnl,e I'!t(i(If°Ii11I fti oflin (hot i,,nii fcrttln(llnll the eslitte, right, title, inlr.rl•sl, clni: , and dr out nal wlutlnnevcr of the said Furl l t,:i I or eyuily, of, in 1111(1 to 119 ohove lanrgnincd ptcmise!i, with lhr. her'dilnnu•nls and nppurt'nanco,. ,rotlfr, i.11t,bl,...,:, 1•tl,,1I, C„mt��' y, I11111•ld :110,.1. t. It<nver. G, NO. 4fi:1. wnaaAN'n' nr:,;n_.r•,� ,•I,,.l..or.t,l,l<l1.<0(,1.-� r • ' !look 363 11, I' =t t; e 3 7 1 1) IiAVI: AN1) '1'0 :If/1.1) the ,tail premises ahoy() bargained anti denrribed, v:ilh the appurtenances, unto the said part. y of the second part, 11(11• hciru and assigns fcr(rver. And the !mid pat! i.e3 of the first. part, .for l.)If)tllnclvof) Lilrtir heirs, eIoculorn, and ndntiuinlrntorn, do covenant, grant, bargain and agree to and \VIM, the said party of tho second part, Iter heirs and nssignn, that fit the iirne of the ensenlinit and delivery of these picnents they are well nrixr•d of 11,13 ptemis 5 nbUvll conveyed, ns of good, pure, peifcct, absolute and indefensible cnlnlc of inheritance, in law, in fee simple, 111111 Int ve good right, full power rut.! Inw(u1 authority to Ernst., bnignin, sell 1111,! convey !lin nam: in manner and fnrin ns nfoiesnid, and that the name aro free find clear from nil (owner and other grants, bargains, nnles, 1101,11, toxen, assessments n:,d cnctunbtnnces of vrhnlcvcr 1(ind or nadir,! uocvcr. 1 i.Iec1 for reoor•cl Jaltuary 20, 196'i at: 1.: 10 1.'.11. in )tool. 363 aL page 370. 1ho above I:,utr;nlrind prctninoe in the quiet and penceahlo porn anion of the nr,id party of the second part, her hcirn t11d nanignn nitninnl all and ev_r)' porrtnn •.r pr•rr.•=ns Inwfully claiming ar to claim the whole r tory lout t!III eof, the 'si(I pill 11:J of Ibu fir,tt. pnrL shall anti will ,\A1tItAlJ'I' Alf 1) I"0Jtl VEIL til 11'I'1'(:1;`;ti 1-t. 111?It Eta', tho said putt. c a( til (it:lt pill IIn V(1 1,'rrunlo ncl L11611' hale! and sent 1'nc. d:1)' 1111(1 year lirtit above wt. dies. Signo<I, Scaled ntnd 1)eIisgr't`(1 iii the Presence of t;.c L) ` (�1'` c._ .{._�•�_'�i�.Jt(";ih;AG] S"I'A'I'I; U1" COLOILADU, nn. County of Cnrf1eld It •� , t,t .11•r1s4r2;.7.going Instrument ;gra ncl(nonledge.d ba(orc me this �:y1 7 ,�t 2,r ;p(:.-' � ,onfJv1ovo L. 1)ovnr anti Join 1.,. I?nvor r A'1 i'tyi /1• •111prt, . .) 11;11,-11).e• cP re. St.;tjr 1 t oOilron 2 1 e• r / (SEAL) day nP r ,�.r�� i., (.1 , 1 �(;/../ tf V/itnc.lI lay hand 1111(1 of /kin] neat.. • I.i,i�rii nal 1 x� n rl.l,� iI.Il,t",.:1'.'"N:":!;.;'.1,1',;,:;1•.',:•;.•:•.„ 1, li �i'II'IIEII .I w til iii r,'I^! d Hot., r i' iII . Al.tached Lo and forming a part, of COMMI'.CMl NT No. G--04-145-80 Issued by CHICAGO TITLE INSURA'NCE COMPANY The above referenced Commitment is hereby revised as follows: SCHEDULE A 2. Policy or Policies to be issued: A. ALTA Owner's Policy Proposad Insured: Amount $104,000.00 MARK W. ENGLISIH AND MELISSA T. ENGLISH B. ALTA Loam Policy Proposed insured: Amount $ 77 , 000.00 GERALD INE M. DEV ER SCIIEDULE 13 Section 1 REQUIREMENTS Item (b) 4. Deed of Trust from Mark W. English and Melissa T. English to the Public Trustee of Garfield County securing Geraldine M. Dever. This endorsement is mode a part of the policy or commitment and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies ,ny of the terms and provisions of the policy or commitment and prior endorsements, if any, nor does it extend the effective (tate of the policy or commitment and prior endorsements or increase the face amount thereof. DATED: June 27, 1980 ) it Authorized Sit;ruttory Note: This endorsement shall not be valid or binding until coun(crsigned by an authorized signatory. CHICAGO '(T'I'LE INSURANCE COMPANY ATTEST: Secretary. a': fIVI TLiAl' '� it4.0.1 iAi;7 '17141 eek Q ��hu 1 J`i+ ° ri ;i 'nether yM'; 1 ...;.))41 4i CiIICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE CHICAGO TITLE INSUIZANCE COMPANY, a corporations of Missouri, herein called the Company, for a valuable consideration, hereby commits (o issue its policy or policies of lisle insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or inleresl covered licicby in the land described or telcrrcd to in Schedule A, upon payment of the premiums and charges therefor; r:1) subject (0 the provisions of Schedule A and 13 and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of (he policy or policies committed for have been inserted in Schedule A hereof by lire Company, either at the time 01 the issuance of this Commitment or by subsequent endorsement. This Conunilnir.ir( is preliminary lu the issuance of such policy or policies 01 title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective elate hereof or when the policy or policies committed for shall issue, ivinicliever firs( occurs, provided that the failure to issue such policy or policies is nut the fault of the Company. This Commitment shall 001 be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WIILREQJ , the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of die Company, This Commitment is effective as of the date drown in Schedule A as "Effective Date accordance with its By -Laws. Issued by: COLORADO WEST TITLE INSURANCE COMPANY 818 Colorado Avenue, Suite 101 P. 0. I3ox 925 Glenwood Springs, Colorado 81601 (303) 945-2271 or 945-2272 uthorized Officer or Agent F. 2880 .7 Ily: ATFEST: EST: CIIICACO TI'i'LE INSURANCE COMPANY Secretary. CT11213: 5-1-75 L Effective Datc: April 11, 1900 8:00 A. M. 2. Policy or Policies W be issued: A. ALTA Owner's Policy Proposed Insured: To Be Determined 13. ALTA Loan Policy Proposed Insured: C. Case No. G-04-145-80 Premium: Owners Tax Certificate $354.50 5.00 Amount$ 110,000.00 Amount l Amount $ 3. The estate or interest in the hind described or referred to in dos Commitment and covered herein is a fee simple, and title thereto is at the effective date hereof vested in: C. 0. Dever and Geraldine M. Dever 4. The land referred to in the Commitment is described as follows: A tract of land containing 5 acres, situate in the SE corner of the NE4SW4 of Sec. 2, Tp. 6 S., R. 89 W., 6th P. M., bounded on the North by the South line of the former State IIighway (said highway Location being approximately that of former U. S. highway No. 24), on the East by the East line of said NE4SW4, Sec. 2, and on the South by the South line of said NE3SW1/4, Sec. 2 and on the West by a line parallel to the East line of said NE;SWL of Sec. 2, at the distance necessary to make the 5 acres. EXCEPTING therefrom the lands (two acres) and the ditch'and water right (0.04 of one cubic second foot) described in and conveyed by deed recorded as Doc. No. 228534 in Book 363 at Page 370 of the Garfield County records. AND also excepting therefrom the lands (0.238 acres), less rights reserved, as described .in and conveyed by instrument recorded as Doc. No. 227359 in Book 361 at Page 411 of the Garfield County records. County of Garfield State of Colorado F.2661 -/3- SCHEDULE A - PAGE 1 -- NO. Page 1 SCHEDULE B SECT ION 1 REQUI It !NEVI'S G-09-195-80 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or HIM Igagors of the full consideration for the estate or interest to be insure Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Certificate of Death showing the death of. C. 0. Dever. In the event that the Death Certificate does not shown the name of the deceased as C. 0. Dever, than a supplemental affidavit- must be recorded showing that the deceased was one and the same person as C. 0. Dever, who at the Lime of death owned the land described herein in joint tenancy with Geraldine M. Dever. 2. Release of the Colorado Inher_i.Lance Tax Lien upon the land described in Schedule A in the Estate of C 0. Dever, Deceased, which must describe the deceased's interest as being in joint tenancy with Geraldine M. Dever. 3. Warranty Deed from Geraldine M. Dever to party to be determined. Item (c) Payment of all taxes, charges or assessments, levied and assessed against the subject premises which are due and payable. Tax Certificate enclosed. (tern (d) Additional requirements, if any, disclosed below: F. 2682 n. 9/76 SCHEDULE D — SECTION 1 — PAGE 1 — NO. Page 2 SCHEDULE B SECTION 2 EXCEPTIONS G-04-145-80 The policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction o the Company: I. 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 here1oloIe or hereafter furnished, imposed by law and not shown by the publi. records. 5. Defects, Iiens, 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 file proposed insured acquires of record for value the estate Or interest or mortgage thereon covered by this Commitment. 6. Taxes or special assessments which are not shown as existing liens by the public records. 7 In addition, the owner's policy will be subject to the mortgage, if any, noted under item one of Section 1 of Schedule 13 hereof. 1. Reservations and exceptions contained in the United States Patent to the described property as granted to John C. Brown dated November 16, 1891 and recorded May 6, 1896 as Document No 19327 in Book 12 at Page 421 including: Subject to the 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 provided by law. >. Easement for Lhe Brown and Monroe Ditch and the J. C. Brown Lateral as it.may affect the subject property. L0. Permanent easement for a domestic water pipe line gran Led by instrument recorded as Document No. 227360 in Book 361 at Page 413. L1. Taxes or special assessments which are not shown as existing liens by the public records, and possible liens, if any, for taxes or special assessments which are not required to be certified to the County Treasurer to become liens on Lite land described herein. L2. Any unpaid taxes and 1980 taxes, a lien, not yet due and payable. NOTE: In the event of payment of any unpaid taxes, a copy of the Tax Receipt must be furnished to the Company prior to the issuance of any Final Policy. V. 2883 11. 9/76 SCHEDULE B — SECTION 2 — PAGE 1 — NO. Page 3 Board of County Commissioners Garfield County, Colorado Commissioners, Mark and Melissa English, of 1276 County Road 129, in Noname have petitioned the board of directors of the Noname Creek Water Association for water and the necessary shares to supply a two lot subdivision on their property. IL is the wish of the board of directors to grant their request and inform you that sufficient water is available for their project. We intend to sell there shares in the association for the right to access that water. respectfully, Paul) G. i rl-e president