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HomeMy WebLinkAbout1.0 ApplicationName: SeIVISION SKETCH PLAN 24-,4z1,&( • (2 copies) Location, Number of Lots, Etc.: Zio 0.42A44 ,2 .3 G A c,-Ck.,.\CV Q• 3 714c - C.4 -.4t4) -rte go - 6, 311 Zoning: 1/7VD Access: a • RO, 3)1 Water: Sewer: s26,ylez• -etike- A,4t,tx0 Z<J,CA (1)-cittgiattie9 13 pm 6?)A44,o-k` Check List: #1 Sketch Map )( .?C iE Fee Paid Property Boundary survey with North arrow and date. Conceptual drawing of lot and street layout indicating and access. Type and Layout of Water System Type and Layout of Sewer System Provision for off Street Parking, for School District approval Significant natural and manmade features and on adjacent property. a Total tract acreage Existing and proposed zone district boundaries General land use divisions Scale 1"/200', name of Subdivision, County Name, Section, Quarter Section, Index map. and School area of lots Bus Stops, the latter existing development (when applicable) #2 Geologic and Soils Analysis : Geologic Characteristics X : Soils type " : Radiation Hazards #3 Vicinity Map: X #4 Information Comments: : 1.5 Miles on all sides Township, Range, X : Disclosure of Ownership ( title,insurance, etc.) : Total development area : Total Number of proposed dwelling units : Estimated GPD of sewage X : Estimated Construction Cost and Method of financina streets, water, storm/drainage, utilities, etc... .. : Evidence of Legal access <rlwnis Bro.iefrocri repos0 "sg;if ./ J C... /0. Ott ill June 17, 1981 Mr. W.J. Lopez and Mr. George 0. Snook 127 Home Avenue Silt, Colorado 81652 Board of County Commissioners and P. & Z. Commission Garfield County Courthouse Glenwood Springs, CO 81601 Dear Sirs: This letter is to inform you that we have authorized Solar Country c/o Dennis Bradley to handle any and all required proceedures for subdivision of our land under the Garfield County Subdivision Regulations. If you have any questions, please contact Solar Country. Sincerely, William J. hine P. Lopez George Q. Snook --Pearl A. Snook • • G804:31- Country P.0.l3 i,.3 131131 876-2'222 730 M ,ri S;,t. C. E31552 June 12, 1981 TO: Board of County Commissioners and Planning & Zoning Commission, Garfield County, Colorado FROM: Solar Country c/o Dennis 0. Bradley The Lopez's and Snook's jointly own a 4.82 acre Parcel of land in the STA of Section 11, Township 6 South, Range 92 West of the Sixth Principal Meridian, Garfield County, Colorado, South of Silt, Colorado on County Road No. 311. They wish to divide the land into two individual single family dwelling sites and are required by County regulation to meet the County Subdivision regulations. Enclosed please find copies of the description for Parcel No. 1 and No. 2, along with a sketch plan map of the area. A field Survey has been performed to provide this data. Also enclosed are: 1) letters from their Mortgage Holders, 2) Soils map, 3) well completion and pump installation report, 4) legal description of total land, 5) disclosure of ownership. Each parcel will share the existing domestic well, and each shall have their own county approved septic tank system. County Road No. 311 shall serve both parcels with one entrance along the division line of the parcels. Due to the fact that this land is being divided into two parcels exceeding Two acres each, and that County Road No. 311 presently serves as access to the parcel, and the zoning permits single family dwelling, we hereby request that this division of land be EXEMPTED from further subdivision regulation. Your approval of this request for exemption will be greatly appreciated. Sincerely, -ss-rte+✓' li'- Dennis 0. Bradley, par Solar Country • • G801f) L11-'101111 till t'.O. Go:t 1133 303) 1375•2222 730 iM3m Hilt. Colo. 61682 PARCEL NO. 1: A parcel of land situated in the SW4 of Section 11, Township 6 South, Range 92 West of the Sixth Principal Meridian, Garfield County, Colorado, lying North- erly of the Northerly right-of-way line of County Road No. 311, said Parcel No. 1 is more fully described as follows: Beginning at a point on said right-of-way; whence the Southwest Corner of said Section 11 bears: S.64°03'18"W. 1771.29 feet; thence S.80°10'19"W. 90.47 feet along said right-of-way; thence N.03°44'26"W. along and parallel to a fence line as described by Document No. 311120, 340.40 feet to an existing rebar and cap found in place; thence 5.82°54'20"W. along a fence as described by said document, 420.27 feet to an existing rebar and cap found in place; thence N.03°44'26"W. 142.92 feet; thence N.82°54'20"E. 510.38 feet; thence S.03°44126"E. along a line which runs through the center of a common domestic well as now drilled and encased in place, 479.00 feet to the point of beginning containing 2.37 acres, more or less. Subject to a 10 foot utility easement along and parallel to the above described boundary lines. The bearing source was established from record bearings described by Document No.311120 as filed in the Garfield County, Colorado records and existing boundary corners found in place. The above described Parcel No. 1 is a portion of a parcel of land described by said Document No. 311120 with the survey based from existing boundary corners found in place. June 12, 1981 Job No. 581171 • • CO E1P.O. G .!S3 1323i C76•2222 7s.) d; :nn Silt, colo. 61(.52 PARCEL NO. 2: A parcel of land situated in the SW's of Section 11, Township 6 South, Range 92 West of the Sixth Principal Meridian, Garfield County, Colorado, lying North- erly of the Northerly right-of-way line of County Road No. 311, said Parcel No. 2 is more fully described as follows: Beginning at a point on said right-of-way; whence the Southwest Corner of said Section 11 bears: S.64°03'18"W. 1771.29 feet; thence N.03°44'26"W. along a line which runs through the center of a common domestic well as now drilled and encased in place, 479.00 feet; thence S.82°54'20"W. 510.38 feet; thence N.03°44'26"W. 100.40 feet; thence N.82°54'20"E. 600.00 feet; thence S.03°44'26"E. along and parallel to a fence as now constructed and in place, 575.10 feet to a point in said right-of-way; thence S.80°10'19"W. 89.97 feet to the point of beginning, containing 2.36 acres, more or less. Subject to a 10 foot utility easement along and parallel to the above described boundary lines. The bearing source was established from record bearings described by Document No.311120 as filed in the Garfield County, Colorado records and existing boundary corners found in place. The above described Parcel No. 2 is a portion of a parcel of land described by said Document No. 311120 with the survey based from existing boundary corners found in place. June 12, 1981 Job No. 581171 ms-Cow-2mNev. 6-7/ (File Code CONS -14) CONSERVATION PLAN tJNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE cooperating with Conservation District owner— Plan No. Date Operator Scale Acres Courgy Location (Community, watershed, road & distance, etc.) Stole Photo No. WJR-26-77 THIS FORM MUST BE SUBMITTED WITHIN 60 DAYS OF COMPLETION OF THE WORK DESCRIBED HERE- ON. TYPE OR PRINT IN BLACK INK. COL#ADO DIVISION OF WATER RESOUNDS 1313 Sherman Street - Room 818 Denver, Colorado 80203 WELL COMPLETION AND PUMP INSTALLATION REPORT PERMIT NUMBER 118165 SW 4 of the SW % of Sec 11 WELL OWNER Bill Lopez and George Shook ADDRESS P. O. Box 565 DATE COMPLETED 6/ 2/ WELL LOG ,ig 81 From To Type and Color of Material -r Water Loc. ails i"` to ;-r ;:t ilt 14 o ,.-+ IX 0 ',i?srri )(to, - TOTAL DEPTH Use additional pages necessary to complete log. T. 6 • s HOLE DIAMETER 92 in from to ft in from to ft ¢th P M in from to ft DRILLING METHOD CASING RECORD: Plain Casing Size & kind from Size & kind from i31/1Ar- Size & kind I -,,from` I, Perforated Casing Size & kind '. from Size& kind from k) Size & kind from GROUTING RECORD to to to to to to ft ft ft ft ft ft Material Intervals Placement Method GRAVEL PACK: Size Interval T 3M3!AT`' ,---Izocseb ,tilt* noqu nnowt glut) unite' tyetylAtjk fsrit ;noeisr1 bedillt=+b tt; Iron nywe , Iri fio Suit ti ne sr!t q Date Tested" \ \ , 19 — Static Water Level Prior to Test ft . to y.';ue,.1 Type of Test Pump k -r0 41,11 :4`:t+c+i1 Ot-,,+nr.r rnt. Length of Test Sustained Yield (Metered) Final Pumping Water Level 1 ,grniPn strt? PUMP INSTALLATION REPT" Pump Make Goulds 9R1Tef 1c�ltti; qmoo Type Submersible T$ 3i I O TA J JAT?+ t �IMU Powered by. 230 V Franklin HP 3/4 Pump Serial .Jo. G058448. Motor Serial No. 13EM07422 3/ 81 R3T3MAIO 3J( Date Installed )11rnt .nI Pump Intake Depth 771 Trttslt .q Remarks COHT3M EMIJ.r :(3803311 s 3 _ hrii lei r..�....._... :- WELL WELL TEST DATA WITH PERMANENT PUMP Date Tested 6/ 2/ 81 "bni�l,_ Static Water Level Prior to Test'' Y 161 4 (four) hniA Length of Test Hours Sustained yield (Metered) 13 TniGPM T"..Th 23 tinial rS Pumping Water Level Remarks `=! ...$3R OdiWTft' Ir,1 tat. ?tOr119M triorn':i :N0A4};3V.i;; -- r' CONE Of -DEPRESSION CONTRACTORS STATEMENT __ l£ sTnI The undersigned, being duly sworn upon oath, deposes Ind sa theft* is the contractorbf the well or pump installation described hereon; that pe,fias read tete stet ment made hereon; knows the content thereof, and that the sa is true of hi •wn knowledge oi Signature , State of Colorado, County of ,frnug tas T la 9.9(grf 1 Subscribed and sworn to betore me this dayf r.,1''o tiprry t My Commission expires: — , ,,,,,:9rhtfv1) b 96 1 5'i'iir.cir License No. 42..64 ss Notary Public I,4,i(.;ll.t`'¢ 1130 JATO Veliggol of yitteomm:410614 r' , ,. FORM TO BE MADE OUT IN QUADRUPLICATE: WHITE FORM must be in original copy on both tido end signed. WHITE AND GREEN copies must be fired with the State Engineer. PINK COPY 4 for the Owner and YELLOW COPY 4 for she Driller. Recorded at 'clock Reception No. r JP 1.619B BnoK 563 Pa 599 ecorder. THIS DEED, Made this 9th day of December 1980 , between LEE A. SMITH and DELORIS M. SMITH JAN 16 19q1 111"roVorf FEE of the County of Garfield and State of Colorado, of the first part, and J GEORGE A. SNOOK, SR. and PEARL A. SNOOK and WILLIAM J. LOPEZ, SR. and JOSEPHINE P. LOPEZ whose legal address is 127 Home Avenue, Silt, Colorado 81652 of the County of Garfield and State of Colorado, of the second part: WITNESSETH, that the said parties of the first part, for and in consideration of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATIONS DOLLARS, to the said part ies of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to wit: A parcel of land situated in the SW1 of Section 11, Township 6 South, Range 92 West of the 6th P.M., said parcel of land is described as follows: Beginning at an iron post with a brass cap found in place and properly marked for the SW Corner of said Section 11, thence N.63°51'33"E. 1676.65 feet to a point in County Road No. 311 the TRUE POINT OF BEGINNING: thence N.3°44'26"W. 360.58 feet along a fence as constructed and in place; thence S.82°54'20"W. 420.27 feet along said fence; thence N.3°44'26" W. 243.32 feet; thence N.82°54'20"E. 600.00 feet; thence S.3°44'26"E. 600.00 feet to a point in said County Road No. 311; thence S.82°14'54"W 58.15 feet along a line in said County Road No. 311; thence S.31°23'24"W. along a line in said County Road No. 311, 121.85 feet, more or less to the TRUE POINT OF BEGINNING. also known as street and number TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise apper- taining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part ies of the first part, either in law or equity. of, in and to the abo\ ' bargained premises, with the hereditaments and appurtenances. No. 768. WARRANTS DF. 1:1)—To Joint Tenants. -- Bradford Publishing Co., 1846 Stout Street, Denver, Colorado (573-5011) — 9-79 ti I .w Send future tax statements to: O •a!ignd Saa3ox �:. - fi� v�U 'v\.' •LIQ?mS •Leas iuiat33o pus pusq,ftu ssaulim • 6TLR6T 'SZ .and seAdx] UOISS!WWO3 �w s sTioiaQ JOaed UT Aauxo3ay se ' 1 TWS iagmauaa jo dsp 1438 •y awl pus ATTsnpTATpuT ¶tp atu aao;aq paepaintouxas spm luatu ;o 1Iunop 6i=n�-rte: ['was] /7.2/—/;27 ,' 1 qus,I uT Aauzo131/ Iaq "PP'S •y 98i HZINS 'N MMHG ['was) asI i r 5`' H.tIEZS "V aa'I, ['IVas] 'SS PTaT;•as9 `OQVi1O'IOJ dO 3ZV,LS 30 aauasaad eq; ui paaaniiaQ pus papas 'petals •ualliJM anogs 4sat3 aead pus Asp alp s Inas pus s pusq 1Tagp las o;unaaaq aA sq laud ;sad ail;o saT laud piss agl' IO383HM ssummit NII 'QNHdHQ Zi3A32I0d QNIV ZNIV2IiIVAA Itint pus iisgs laud lsa j ag;;o saT laud pigs a(4l';oaaagl laud Aug ao slog* sip wisp of ao 2uiunsia Aiin;ntsi suosaad ao uosaad Liana pus its lsuis3u'su2isss pus sataq aptil'laud puoaas aql;o sazlasd piss aql;o uoissassod aiquaauad pus lainb ail ui sasituaad pautseasq anogs ail pus T86T uT ajgaAsd pus anp saxsl 0861 pzt?dun daux3 'aenaos'aanlsu ao puri aanelsgm;o saausagtunaui pus s;uatussasss'sexe;'sum 'saps 'suis8asq 'slusa2 Jaw pus aauuao; Lie uuoa; asap pus au; aas slugs ag; leg; pus 'pissaao;s utao; pus aauusut ui amus alp danuoa pus Has 'uis2asq 'lusa8 of dluoglns in;mei pus aamod un; ';glia poo8 snug pus 'aiduzis aa; ui 'Mui ui aausliaagui;o a;snsa aigissa;apui pug alniosgs'looped 'sans 'poo2;o ss'padanuoa anogs sasiuuaad eql;o pazias Liam aie Amp 'sluasaad asagn;o daaniiap pus Buijeasue agl;o aunt alp ls;sgl'su8isss pug saiag aiaq;'laud puoaas 044 j sailaud piss egl glum pus o; eases pus uiseasq ';usa8 'lusuenoo op 'saolsalsiuiutps pus 'saolnoexe 'saie{tTagp seAtas matin ao;'laud ;sag ag;;o sapagd piss ag; pud'aanaao; su2isse pus saiag aiagl'laud puoaas agl;o sailasd piss egg olun'saausualandde eq q;im'pagtaasap pug paut88auq anogs sasiuzaad OO9ati ct cgs,' )1., ;; piss aql Q'IOH 01, QNV 3AVH O L iM. •A: a' A parcel of land situated in the SW 1/4 of Section 11, Township 6 South, Range 92 West of the 6th P.M., said parcel of land is described as follows: WUMK 583 PACE603 WILLIAM J. LOPEZ, SR., JOSEPHINE P. LOPEZ, GEORGE 0. SNOOK, SR. AND PEARL A. SNOOK ATTACHED LEGAL DESCRIPTION (STATE OF COLORADO) (COUNTY OF GARFIELD) Beginning at an iron post with a brass cap found in place and properly marked for the SW Corner of said Section 11, thence N. 63°51'33" E. 1676.65 feet to a point in County Road No. 311 the TRUE POINT OF BEGINNING: thence N. 3°44'26" W. 360.58 feet along a fence as constru- cted and in place; thence S. 82°54'20" W. 420.27 feet along said fence; thence N. 3°44'26" W. 243.32 feet; thence N. 82°54'20" E. 600.00 -feet; thence S. 3°44'26" E. 600.00 feet to a point in said County Road No. 311; thence S. 82°14'54" W. 58.15 feet along a line in said County Road No. 311; thence S. 81°23'24" W. along a line in said County Road No. 311, 121.85 feet, more or less to the TRUE POINT OF BEGINNING. 5. The full amount of the principal sum anu anurraou uuc ucacua+aac.a shall become due at the option of the Mortgagee upon the default of any of the payments of any installments due hereunder, or after default in the payment of any tax or assessment leved against the property, after default of the obligation of the Mortgagor to procure fire insurance, or upon the default of any of the other terms and conditions of this mortgage. BOOK 563 PAGE 6Q2 6. In any action to foreclose this mortgage, the holder of this mortgage shall be entitled to the appointment of a Receiver. Mortgagor hereby assigns to Mortgagee the rents, issues and profits of the premises as further security for the payment of this obligation, and grants to Mortgagee the right to enter on the premises for the purpose of collecting the same, to let the premises or any part thereof and to apply the moneys received therefrom, after payment of all neces- sary charges and expenses, to the obligation secured by this mortgage. In the event of default, the Mortgagor shall pay to the Mortgagee or to any Receiver appointed to collect the rents and profits of the premises, the fair and reasonable rental value for the use and occupa- tion of the same, or of such part as may be in the possession of the Mortgagor. 7. Mortgagor agrees not to alienate or encumber to the prejudice of the Mortgagee, or commit, permit or suffer any waste, impairment or deterioration of the property, and regardless of natural depreciation, to keep the property and the improvements thereon at all time in good condition and repair. The Mortgagor shall comply with all statutes, ordinances and governmental requirements that affect the property. 8. In the event of foreclosure and sale hereunder,reasonable attorneys fees for legal services rendered shall be taxed by the Court as a part of foreclosure. 9. The Mortgagor shall pay all costs and expenses af obtaining and recording any release from this mortgage. Signed this 9th day of December, 1980 STATE OF COLORADO ) COUNTY OF GARFIELD) ss . -4°-'e/L 2tA.e44-g9-41g/ ARL A. NOOK The foregoing was acknowledged before me this 9th day of December, 1980 , by WILLIAM J. LOPEZ, SR., JOSEPHINE P. LOPEZ, GEORGE O. SNOOK, SR., AND PEARL A. SNOOK. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: // Mk/ Notary Pub c 1 k .Q M. JAN 16 1991 'ecorded at // o'clock Reception No. 311120 MILDRED ALSDORF, RECORDER CONSTRUCTION MORTGAGE DEED 3 BOOK 563 PaGE601 THIS MORTGAGE, made December 9, 1980 WILLIAM J. LOPEZ, S12., JOSEPHINE P. LOPEZ, GEORGE O. SNOOK, SR. AND PEARL A. SNOOK , whose address is 127 Home Avenue, Silt , County of Garfield and State of Colorado, hereby mortgages to FIRST NATIONAL BANK IN RIFLE , whose address is Box 1360, Rifle County of Garfield and State of Colorado, to secure the pay- ment of Thirty Thousand and no/100's -Dollars, due as follows: principal and interest due at maturity, June 9, 1981. together with any future advances which the Mortgagee may make at its option, provided that the total amount secured by this mortgage deed shall in no event exceed the sum of y 30,000.00 , the following des- cribed real property in the County of Garfield , and State of Colorado, to -wit: AS PER ATTACHED LEGAL DESCRIPTION with all its appurtenances, and warrants title to the same, subject to 19 80 property taxes, easements, rights of way, restrictive covenants of record, reservations contained within the United States patent to the subject property THIS MORTGAGE SECURES AN OBLIGATION INCURRED FOR THE CONSTRUCTION OF AN IMPROVEMENT ON THE LAND DESCRIBED ABOVE, AND MAY INCLUDE THE ACQUISITION COST OF THE LAND. It is intended that this mortgage deed shall include any goods which are fixtures or become fixtures on the property described above, in accordance with C.R.S. 4-9-313, as amended. Mortgagor covenants and agrees as follows: 1. Mortgagor shall pay the indebtedness as provided above, and shall pay, when due, all contractors, subcontractors, materialmen, labor- ers, and suppliers of fixtures or materials used in the construction of the building secured above, and shall never permit the property to be the subject of any mechanic's lien. 2. Mortgagor shall keep the buildings on the premises insured for loss by fire for the benefit of Mortgagee; Mortgagor shall sign and deliver the policies to Mortgagee; if the Mortgagor shall fail to procure insurance, then the Mortgagee may do so, and shall be entitled to reimbursement, and may declare a default. 3. Mortgagor shall pay all taxes and assessments which may be levied against the property, and if Mortgagor should fail to do so, Mortgagee may pay the same, and shall be entitled to reimbursement. 4. No building on the premises shall be removed or demolished with- out the consent of Mortgagee. 5. The full amount of the principal sum and interest due hereunder shall become due at the option of the Mortgagee upon the default of any of the payments of any installments due hereunder, or after default in the payment of any tax or assessment leved against the property, after default of the obligation of the Mortgagor to procure fire insurance, or upon the default of any of the other terms and conditions of this mortgage. FORM NO C-AC.500, (AGENTS) • No. co- 474365-o Policy of Title Insurance Issued by Transamerica Title Insurance Company SUBJECT TO THE SCHEDULE OF EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CON- TAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, TRANSAMERICA TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Lack of a right of access to and from the land; or 4. Unmarketability of such title. In Witness Whereof, Transamerica Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Transamerica Title Insurance Company By By President Secretary SCHEDU• OF EXCLUSIONS FROM COVWGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) re- stricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordi- nance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subse- quent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claim- ant had paid value for the estate or interest insured by this policy. CONDITIONS AND STIPULATIONS (b) The insured shall notify the Company promptly in writing (i) in case any action or proceeding is begun or de- fense is interposed as set forth in (a) above, (ii) in case knowl- edge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest. as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as un- marketable. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, however. that failure to notify shall in no case prejudice the rights of any such insured under this policy unless the Company shall be preiudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as insured, and the Company may take any appro- priate action under the terms of this policy, whether or not it shall be liable thereunder, and shall not thereby concede liability or waive any provision of this policy. (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the pro- visions of this policy. the Company may pursue any such litigation to final determination by a court of competent juris- diction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (e) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever requested by the Company, such insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or proceeding, and the Company shall reimburse such insured for any expense so incurred. 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company may have against the named insured, those who succeed to the interest of such insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or dam- age hereunder. (c) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public records. (d) "land": the land described, specifically or by reference in Schedule A, and improvements affixed thereto which by law constitute real property: provided, however, the term "land" does not include any property beyond the lines of the area specifically described or referred to in Schedule A, nor any right. title. interest, estate or easement in abutting streets, roads, avenues, alleys. lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": those records which by law impart constructive notice of matters relating to said land. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The coverage of this policy shall continue in force as of Date of Policy in favor of an insured so long as such insured retains an estate or interest in the land, or holds an indebted- ness secured by a purchase money mortgage given by a pur- chaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, "however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a pur- chase money mortgage given to such insured. 3. DEFENSE AND PROSECUTION OF ACTIONS — NOTICE OF CLAIM TO BE GIVEN BY AN INSURED CLAIMANT (a) The Company, at its own cost and without undue delay. shall provide for the defense of an insured in all litiga- tion consisting of actions or proceedings commenced against such insured. or a defense interposed against an insured in an action to enforce a contract for a sale of the estate or interest in said land. to the extent that such litigation is founded upon an alleged defect. lien, encumbrance, or other matter insured against by this policy. 4. NOTICE OF LOSS — LIMITATION OF ACTION In addition to the notices required under paragraph 3(b) of these Conditions and Stipulations, a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within 90 days after such loss or damage shall have been de- termined and no right of action shall accrue to an insured claimant until 30 days after such statement shall have been furnished. Failure to furnish such statement of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage. Continued on Front of Back Cover s FORM NO. C-5000-1 • FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY—FORM B— 1970 (AMENDED 10-17-70) Amount of Insurance $ 30, 000.00 Date of Policy 1. Name of Insured: SCHEDULE A January 16, 1981 at 11:30 a.m. Policy No. CO -474365-0 Oradr No. 782045 Sheet 1 of ..3_ GEORGE A. SNOOK, SR. and PEARL A. SNOOK and WILLIAM J. LOPEZ, SR. and JOSEPHINE P. LOPEZ 2. The estate or interest in the land described herein and which is covered by this policy is: IN FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: GEORGE A. SNOOK, SR. and PEARL A. SNOOK and WILLIAM J. LOPEZ, SR. and JOSEPHINE P. LOPEZ, in Joint Tenants • • FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -FORM B-1970 (AMENDED 10.17-70) Policy No. CO -474365-0 Order No. 782045 SCHEDULE A—Continued The land referred to in this policy is situated in the State of Colorado, County of Garfield , and is described as follows: A parcel of land situated in the SW)4 of Section 11, Township 6 South, Range 92 West of the 6'b P.M., said parcel of land is described as follows: Beginning at an iron post with a brass cap found in place and properly marked for the SW Corner of said Section 11, thence N. 63°51'33" E. 1676.65 feet to a point in County Road No. 311 the TRUE POINT OF BEGINNING: thence N. 3°44'26" W. 360.58 feet along a fence as constructed and in place; thence S. 82°54'20" W. 420.27 feet along said fence; thence N. 3°44'26" W. 243.32 feet; thence N. 82°54'20" E. 600.00 feet; thence S. 3°44'26" E. 600.00 feet to a point in said County Road No. 311; thence S. 82°14'54" W. 58.15 feet along a line in said County Road No. 311; thence S. 81°23'24" W. along a line in said County Road No. 311, 121.85 feet, more or less to the TRUE POINT OF BEGINNING. • lA • FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -FORM R-1070 (AMENDED tO-17-70) Policy No. CO -474365-0 Order No. 782045 SCHEDULE B PART I This Policy does not insure against loss or damage by reason of the following: 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 cor- rect 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. 5. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. 6. 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 right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded September 1, 1908 in Book 71 at Page 35. 7. Undivided one-half interest in all oil, gas and other mineral rights, as reserved by Daniel A. McPherson and Mary Ellen McPherson in the Deed to Kenneth McPherson, Bobby McPherson, Warren McPherson and Leslie Dale McPherson recorded May 17, 1952 in Book 264 at Page 201, Reception No. 179357, and any and all, assignments thereof or interests therein. 8. Undivided one-half interest in all oil, gas and other mineral rights, as reserved by Kenneth McPherson, Bobby McPherson, Warren McPherson and Leslie Dale McPherson in the Deed to Valley Farms, Inc., a Colorado Corporation, recorded April 17, 1964 in Book 357 at Page 324, Reception No. 225212. 4 9. Right of way for County Road No. 311. 10. Construction Mortgage Deed from William J. Lopez, Sr., Josephine P. Lopez, George 0. Snook, Sr. and Pearl A. Snook in favor of First National Bank in Rifle in the amount of $30,000.00, dated December 9, 1980, recorded January 16, 1981 in Book 563 at Page 601, Reception No. 311120. 11. Deed of Trust from George A. Snook, Sr. and Pearl A. Snook and William J. Lopez, Sr. and Josephine P. Lopez to the Public Trustee of Garfield County for the use of Lee A. Smith and Deloris M. Smith to secure $9,100.00, dated December 8, 1980, recorded January 16, 1981 in Book 563 at Page 605, Reception No. 311122. -wrw - ORWr •::<... (•\ ; • . . T1.aF_.�rd� laniiiWlftaf�i�r Continued from Back of Front Cover 5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim in- sured against or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred up to the time of such payment or tender of payment, by the insured claim- ant and authorized by the Company. 6. DETERMINATION AND PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed the least of: (i) the actual loss of the insured claimant; or (ii) the amount of insurance in Schedule A. (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon an insured in liti- gation carried on by the Company for such insured, and all costs. attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. (c) When liability has been definitely fixed in accordance with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter. 7. LIMITATION OF LIABILITY No claim shall arise or be maintained under this policy (a) if the Company. after having received notice of an alleged defect, lien or encumbrance insured against hereunder, by litigation or otherwise, removes such defect, lien or encum- brance or establishes the title, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of com- petent jurisdiction. and disposition of all appeals therefrom, adverse to the title, as insured, as provided in paragraph 3 hereof: or (c) for liability voluntarily assumed by an insured in settling any claim or suit without prior written consent of the Company. 8. REDUCTION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. No payment shall be made without producing this policy for endorsement of such payment unless the policy he lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. 9. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Com- pany may pay under policy insuring either (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy. The Company shall have the option to apply to the pay- ment of any such mortgages any amount that otherwise would be payable hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. 10. APPORTIONMENT If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is estab- lished affecting one or more of said parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto. 11. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and reme- dies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and if requested by the Company, such insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation and shall permit the Company to use the name of such insured claimant in any transaction or litigation involving such rights or remedies. If the payment does not cover the loss of such insured claimant. the Company shall be subrogated to such rights and remedies in the pro- portion which said payment bears to the amount of said loss. If loss should result from any act of such insured claimant, such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against hereunder which shall exceed the amount. if any, lost to the Company by reason of the impairment of the right of subrogation. 12. LIABILITY LIMITED TO THIS POLICY This instrument together with all endorsements and other instruments, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary. an Assistant Secretary, or validating officer or authorized signatory of the Company. 13. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to Transamerica Title Insurance Company. P. O. Box 605, Denver, Colorado 80201.