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411
P.02
Sketch 1,11an
Preliminary Plan X
Final Plat
SUBDIVISION APPLICATION FORM
SUBDIVISION NAME: Leo Subcl�yisinn
Owner: Gaye L
ENGINEER/PLANNER/SURVEYOR: Christ() her Maner
LOCATION: Section
20
_..
Township 6S Range__ 9Qf [iith Pari.
WATER SOURCE: Well
SEWAGE DISPOSAL METHOD:
Invividual Septic Systems
PUBLIC ACCESS VIA: County Rd 320 anc3 321
EXISTING ZONING:
EASEMENTS: Utility
ARRD -
There is an easement on 321
Ditch Beaver Creek
eering
TOTAL DEVELOPMENT AREA:
(1) Residential Number Acres
Single Famiy 3 41+5+5=51 acres total
Duplex
Multi -family
Mobile Horne
(2) Commercial Floor Area Acres
sq.ft.
(3) Industrial sq.ft.
(4) Public/Quasi-Public
(5) Open Space/Common Area
TOTAL: 51 acres
PARKING SPACES:
Residential
Commercial
Industrial
•
Introduction:
Leo Subdivision
RECEIVED JUN 3 0 2000
Historically, formal subdivision usually reflects a large scale redefinition of land use. In
this case, no such large scale development is planned. The owner is seeking to
maintain the integrity of the rural utilization of the Iand.The subdivision is proposed to
be one forty-one acre parcel and two five acre parcels. All three lots will share the
same water well and will be asked to build individual septic systems for waste
disposal according to prescribed county guidelines.
Regional Location:
The Leo Subdivision is located southwest of the town of Rifle approximately four miles
in Garfield County. Direct access for the two five acre lots and one forty-one acre farm
is provided by County Road 320 or or County Road 321. This area is commonly called
Taughenbaugh Mesa.
Primary highway access is via 1-70. Road access is on county engineered and
maintained roadways. An additional access to the 41 acre lot is provided by an
easement on County Road 321. An easement agreement was granted for access on
321 Road via Kurt and Trina Swallow's property. *See exhibit " A."
Existing Conditions:
The site is currently used for agriculture. At the present time, approximately twenty-five
acres are characterized by irrigated hay fields. The remainder of the land is typically
comprised of natural vegetation consisting of sage brush and native wild grasses. The
lushness of the vegetation is dependent on available moisture from year to year. There
is .52 c.f.s.irrigation water supply for the homesites provided by Beaver Creek water
rights.
On County Road 320, there are two homes located across the street which were built
in the late 1980's. Both houses have lot sizes of five acres or less. Both homes have
direct access to 320 Road. These residences are labeled on the map of the
subdivision as homes belonging to the "Harpers," and the "Ooleys." The physical
addresses are: 9416 and 9418 County Road 320.
The proposed lots for the Leo subdivision are typical of this level of development along
County Road 320. On the northern side of the property, located on County Road 321,
there are a total of five homes. The lot sizes, again, are five acres or less in size.
• •
Existing Conditions Continued:
The natural characteristics of the land are flat topography and grassland vegetation.
The view of the Bookcliffs and the surrounding area is visually appealing. There is
Bureau of Land Management acreage located to the south of the property. The overall
visual impression of this land is open, and typically, small ranches provide the
dwellings that are present on the mesa.
Design Approach:
Road access is via county maintained roads, therefore, no special road design is
projected. The traffic load is minimal and no significant increase is proposed. The
home design used for the Leo residence is stucco that is colored to match the local
soil. The roof is dark green to conform further with the local vegetation.
Design for the two additional homes and supplemental outbuildings is to be
conforming to the natural environment. Visually, the two new homes are to reflect
similar visual considerations as did the Leo residence. Construction is to facilitate
environmental preservation, and buildability will conform to the local land. Earth tone
coloration and conforming landscaping that is water conservative is advocated for all
dwellings. This visual approach is reflected in the covenants.
The Department of Wildlife has been consulted regarding migration patterns of local
wildlife and fencing has been designed to be "elk friendly" and environmentally
responsive. One key feature of the forty-one acre parcel is a wide sage brush ribbon
that serves as the home of local deer, and elk is being preserved in this plan. No
habitat change is warranted.
Visual:
The remarkable 180 degree view from the top of the mesa is unequaled. The visual
appeal of the property is outstanding. The homesites are designed to preserve the
visual elements of the location. Open space is being promoted by this proposal and
the preservation of agricultural use of the land for haying is supported.
Environment:
Migration corridors and habitat for elk and deer have been preserved in tact within the
forty-one acre parcel proposed. Consultation with the Department of Wildlife has
generated an environmentally sensitive approach to development. No roads are
proposed. All current accesses and migration routes have been preserved.
• •
Buildability:
The recent construction of the Leo residence has demonstrated that no unusual soil
hazards exist ; soil tests and the septic leach field location have been successfully
undertaken. No adverse impact has been shown. AH county and building department
standards have been maintained. The Leo residence received a certificate of
occupancy on June 1, 2000. All tests and inspections have met code.
The water supply study completed by Colorado River Engineering supports the
development of these lots and has determined that no soils, geologic, or flood hazards
exist at the property. *See attached appendix "C."
Site specific soils tests are recommended at each site prior to construction.The two
homesites proposed will be subject to similar scrutiny and supervision as the Leo
residence as construction is undertaken. Normal building permit guidelines will be
followed at each site.
The soil is similar throughout the land to be subdivided. No unusual terrain or
conditions are present. It is, therefore, projected that buildability is very high and risks
are minimal throughout construction.
Natural Features:
There are no trees present on this land. Sagebrush and native grasses are
supplemented by alfalfa. Natural features support the ongoing irrigation of existing
fields and encourages agricultural use in the future. From a buyer's perspective,
maintaining views, wildlife habitat and continued irrigation based on available water is
in the best interest of the community and the residents.
Development Concept:
The goal of this small subdivision is to promote and maintain agriculture and current
consistency of land use on Taughenbaugh Mesa. Low density rural living is the focus
of this proposal. Open range and animal habitats have been considered. Typical use
of existing land has been utilized to formulate planning.
Planning Objectives:
The Leo Subdivision is a small rural ranch project that accomplishes the following
objectives:
1. Local agricultural use is maintained by the development proposed.
2. Open space is promoted.
• •
Planning Objectives Continued:
The plan is designed to foster three homesites on a total of fifty-one acres of land. This
effort preserves the integrity of small farms in the area and is consistent with current
residential practices. An additional easement was undertaken on County Road 321 to
better insure fire protection access to the property from the two county maintained
roadways. Additional utilities have created to enhance existing utility availability to this
location. A new power pole has been installed by Holy Cross Electric at 2102 County
Road 321, and natural gas access has been extended by Public Service Company of
Colorado from County Road 321.
Planning Objectives Continued:
All services including water are readily available at the two homesites proposed as of
June 1, 2000. A gravel and road base road as per Garfield County requirements has
been installed from County Road 321 in a 2,500 foot circle drive into this development
to further easy access and promote fire safety. At the present time, new home owners
will have all services readily available and an easement to the shared well. *See map.
Major Plan Components:
Building site standards are defined via inspection codes and associated guidelines as
per Garfield County. All buildings are to conform with building permit specifications
and promote environmentally sound practices. Well use is defined by a well sharing
agreement.*See exhibit "B."
New fencing is to be undertaken as a shared responsibility. Existing fence is to remain.
The existing fencing includes: perimeter barbed-wire fence and a diagonal smooth -
wire fence which bisects the property.
Open space is to be maintained except where residential buildings are erected..
Irrigation is to be proportional to acreage owned. Agricultural usage is to be promoted
at all times for all land located in the Leo Subdivision.
Water Conservation:
Each resident is asked to install at their own expense a supplementary water tank and
pump to insure balanced domestic use from the well.
Development Summary:
Total acres=51
Total Dwelling Units=3
Total Lots per development=3
Easements: *Utility easements are specified as per map.
Utilities and Infrastructures:
Utility services will be provided by Holy Cross Electric, Public Service of Colorado,
U.S. West and water will be provided via a shared well for domestic use. Beaver
Creek irrigation shares will provide for agricultural water needs. All rights are
proportional to acreage owned for irrigation shares held.
Direct T.V. is available and costs for installation will be at the individual lot owner's
expense. All access to utilities will likewise be the cost responsibility of individual lot
owners to tie into existing utility outlets. Any road access and fencing costs will be
assumed by the lot owner. Septic systems are to be installed for each residence at the
lot owner's expense.
A well permit has been issued by the Colorado Department of water for a shared well
for domestic use at the three sites. *See appendix "C."
The well has been tested and the study determined that the water supply is sufficient to
provide for the three homes. *See appendix "D."
Individual storage tanks and booster pumps are recommended for each home to meet
instantaneous peak water demands. As part of the well sharing agreement, 4,000
square foot of irrigation is indicated per home.
Rifle Fire Protection guidelines are to be reviewed and compliance with suggested fire
safety provisions are the individual lot owner's responsibility. This proposal meets all
minimum requirements of the Rifle Fire Protection District. y
Community Benefits:
1. Visual: the existing rural, low density housing standard typical of the area will 1 "-°
U)
be maintained. X �
2. Wildlife: the existing migration patterns and habitat will remain undisturbed.`
3. Fire Protection: in case of emergency, dual access is provided from County
Road 320 and 321 and the well water will be made available to assist the local
fire department should a fire danger become a threat to homes or wildlife.
4. Agricultural land retention: all available land will be used for hay
production and agricultural use.
• •
Additional Preliminary Plan Information
Leo Subdivision
A. There are no public facilities planned.
B. All lots will be developed at the same time; no phases of
development.
C. All three Tots have access to county roads as indicated on the map.
D. All off-street parking is provided by individual family dwelling
residents.
E. Soils test information is included in this preliminary proposal.
F. No radiation hazard was detected in the hazards study conducted
by Colorado River Engineering.
G. Gaye Leo has a title commitment on the property with
Commonwealth Title of Rifle.
H. Final worksheet information will be submitted to the county
surveyor for approval as indicated.
s •
Map Overview for Leo Subdivision
A. Name of subdivision: Leo
B. Date of preparation of map: June 26,2000
C. Legal description of the land to be subdivided: W1/2SW1/4 Section
200, T6S,R93W of 6th P.M. Tying northerly of CO Rd. 320
D.
Engineer: Christopher Manera, P.E.
P.O. Box 1301
Rifle, CO 81650
(970)625-5464
Attorney: Shari Caloia, Caloia & Houpt PC
1204 Grand Ave.
Glenwood Springs, CO
(970) 945-6067
Owner: Gaye Leo
2102 Co Rd 321
Rifle, CO 81650
(970) 948-7738
Mineral Rights: All are owned by Gaye Leo.
E. U.S.G.S. vicinity map : enclosed
F. Names, property lines, etc. of all owners of record of all
parcels adjoining and within 200 ft are indicated on the map.
G. Street, block, lot layout and area of each lot are indicated on
the map.
H. Easements are indicated for drainage, irrigation and utilities.
I. Lot setbacks are standard and illustrated via map.
}
J. Land breakdown is 41 acres+5+5=51 total acres for
development.
Low density: 3 homes per 51 acres
Zoning: ARRD, no change
Lots: 3
Dwelling units:3
Non-residential floor space: unlimited
K. Existing contours are indicated on the map.
L.
M.
N.
Open space not dedicated to the public: 51 acres
No parks or public facilities are planned.
Lots and land are flat and accessible by county roads as
indicated on the map.
O. Swallow easement on County Road 321 is enclosed as
Exh'bit A of Information Packet submitted with map and
other project materials.
• •
AGREEMENT FOR USE OF GIVEN EASEMENT
This agreement between Kirk and Trina Swallow (Swallow) and Gayle Leo (Leo) is for some designated
uses of land now owned by Leo west of Swallow at 2170 Co. 321, Rifle, Co. Swallow has granted an
easement over his property for Leo to access her property at the northwest corner of Swallow's property.
Leo is building a house and has intentions of dividing her property into numerous parcels. For
consideration of the use of this easement Leo agrees to the following:
Not to access a divided parcel of her land, to the East of the house she is building, from given easement. Or
to let another residence be built between Swallow house and Leo house. Or to construct a road within 100
yards of the Swallow Leo property line.
Leo agrees to access divided parcels, to the west of her house along her South property line, on the existing
road to her home.
Leo agrees that any future power lines will be run underground.
Leo agrees not to construct horse or cow corrals within 100 yards of Swallow.
This agreement shall be appurtenant to and run with the ownership and possession of the adjacent
properties.
IN WITNESS WHEREOF, Grantors have caused these presents to be duly executed on this
of fl ) a, , 20 CrO .
aad&f,L_ f '1
Kirk A. Swallow Gayle o
iip)22)- ibio)
Trina L Swallow
State of Colorado )
) ss
County of Garfield )
71 day
The foregoing instrument was acknowledge before me this ,2, ' day of rYla.,rck , 2000, by Kirk A.
Swallow, Trina L. Swallow and G le
My commission expires `f p J 2 z
itness my hand and official seal.
• •
CALOIA & HOUPT, P.C.
ATTORNEYS AT LAW
1204 GRAND AVENUE
GLENWOOD SPRINGS, COLORADO 81601
SHERRY A. CALOIA
JEI-hhRSON V. HOUPT
BARBARA P. KOZELKA
MARK E. HAMILTON
June 20, 2000
Mark Bean
Garfield County Planning Development
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Re: Gaye Leo Subdivision
Dear Mark:
TELEPHONE: (970) 945-6067
FACSIMILE: (970) 945-6292
E-mail: caloia&houpt@sopris.net
After the sketch plan review before the Garfield County Commissioners for the Gaye
Leo Subdivision on May 10, 2000, you asked if the State Engineer had issued an opinion letter
regarding the legality of the water supply for the proposed subdivision. In case you had not
received it, I wanted to make you aware that on April 4, 2000, Kenneth W. Knox, the
Assistant State Engineer, issued the enclosed letter which includes a determination that the well
on Ms. Leo's property is adequate for a legal water supply for three homes. Please let either
me or Sherry Caloia know if you require anything additional.
Ver truly yours,
CALOI & H UPT, P.C.
Mar E. amilton
MEH : nll
Enclosure
cc: Gaye Leo, w/enc.
Chris Manera, w/enc.
LEO-Bean-ltr-2
•
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 818
Denver, Colorado 80203
Phone: (303) 866-3581
FAX: (303) 866-3589
httpJ/water.state.co.us/default.htm
April 4, 2000
Mark Bean
Garfield County Building and Planning Department
109 8th Street, Suite 301
Glenwood Springs, CO 81601
Dear Mr. Bean:
r
li� I'• f r• ,,."
;1?
SIa Lit
(;1.1. o,vt.xJt)
Re: Leo Subdivision
W 1/2, SW'/, Sec. 20, T 6 S, R 93 W, 6th P.M.
Water Division 5, Water District 45
Bill Owens
Governor
Greg E. Walcher
Executive Director
Hal D. Simpson, P.E.
State Engineer
We have reviewed the above referenced proposal to subdivide approximately 51 acres into three
residential lots of 5, 10, and 36 acres. Each lot is proposed to have one single-family dwelling. The water
supply for the three Tots is to be provided by a shared well. An estimate of water use for the three lots was not
provided in the submittal materials.
Well permit no. 221943 was issued on January 12, 2000 pursuant to CRS 37 92 602(3)(b)(II)(A) which
provides a rebuttable presumption that there will not be material injury to the vested water rights of others or to
any other existing wells. Permit no. 221943 was issued as the only well on a tract of land of approximately 51
acres and limits the pumping rate of the well to 15 gallons per minute. The use of water from the well is limited
to ordinary household purposes inside three single-family dwellings, the irrigation of not more than one acre of
home gardens and lawns, and the watering of domestic animals. The permit also requires the return flow from
the use of the well must be through individual waste water disposal systems of the non -evaporative type where
the water is returned to the same stream system in which the well is located. The well construction report for
this well was submitted on March 13, 2000 and indicates the well was constructed to a depth of 130 feet on
February 4, 2000. In a two-hour pump test, the well is reported to have produced 8 gallons per minute. The
drawdown and recovery of the well during the pump test was not reported.
Pursuant to Section 30-28-136(1)(h)(I), C.R.S., it is our opinion that the proposed water supply will
not cause injury to decreed water rights, and based on a sustained yield at the above reported rate, and with
appropriate storage capacity, the use of the proposed well should be adequate for a potable water supply. If
you or the applicant has any questions concerning this matter, please contact Jeff Deatherage of this office
for assistance
Sincerely,
Kenneth W. Knox
Assistant State Engineer
KW K/J D/Leo.doc
cc: Orlyn Bell, Division Engineer
Bob Klenda, Water Commissioner, District 45
:IOWA NO.
GWS -11
STATE OF COLORADO
OFFICE OF THE STATEEVJEER
818 Centennial Bldg., 1313 Sherman SL, Denver, Colorado 80203
(303) 888.7581
PRIOR TO COMPLETING FORM, SEE INSTRUCTIONS ON REVERSE SIDE
3.
CHANGE IN OWNERSHIP/ADDRESS / LOCATION
WELL PERMIT, LIVESTOCK TANK OR EROSION CONTROL DAM
NEW OWNER
NAME(S)..
Mailing Address
City, St. Zip
Gaye ....Leo
P.O. Box 986
Silt, Co. 81652
Phone (..9.7.Q ) 876-5850
THIS CHANGE IS FOR ONE OF THE FOLLOWING:
CJ WELL PERMIT NUMBER 221943
❑ UVESTOCK WATER TANK NUMBER
❑ EROSION CONTROL DAM NUMBER
of of Oil ice r f,
.B von
WATER R.ESpUP�
STATEEN
NQERS
�� RECEIVED
. x"74
00 L
MAR 0 6 2000
..+ i c rt RE SOUAGES
VJ1
STATE ENGINEER
COLO
5; 1
WELL. LOCATION: COUNTY Ga r f i e 1 d OWNER'S WELL DESIGNATION
(Addrese)
NW 1/4 of the SW
(CM
1/4, Sec, 20 Twp....- 6 ❑ N. Of 21 S., Range... -9 3 ❑ E. «
(State)
W. 6
P.M.
IDistances
from Section Unes 2400 Ft. from ❑ N. « ZS. Une, 9 0 0 Ft. from ❑ E. Of f W. Une.
Subdivision Lot Block Filing (Unit)
4.
LIVESTOCK TANK OR EROSION CONTROL DAM LOCATION: COUNTY
1/4, Sec. Twp ❑ N. Of ❑ S., Range ❑ E. « ❑ W. P.M.
5.
,
Tho
Thu
(
I
above listed owner(s) say(s) that he (they) own the structure described herein.
existing record Is being amended for the following reason(s):
1 Change in name of owner. ❑ Change In mailing address. Correction of location.
'Et
6.
I
I (we) have read the statements made herein, know the contents thereof, and state that they are true
to my (our) knowledge.
[Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury In
the second degree and Is punishable as a class 1 misdemeanor.]
Name/Trtle (Please type or print)
A E o
Signature
c.o
Y
Date
217/�OOQ
FOR OFFICE USE ONLY
ACCEPTED AS A CHANGE TN OWNERSHIP
AND/OR MAILING ADDRESS.
. 4. Jr/ 'Pc<i'((.2--C2
State Engineer By j Date
Court Case No. Div. Co. WD Basin MD Use
FORM NO. I
3WS-42
.O1/s3
STATE OF COLORA
OFFICE OF THE STA GINEER
818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203
(303) 866-3581
PRIOR TO COMPLETING FORM, SEE INSTRUCTIONS ON REVERSE SIDE
1. APPLICATION FOR WELL LOCATION AMENDMENT
WELL PERMIT NUMBER as j F4/3
WELL OWNER
NAME(S) &A -yr Leo
Mailing Address ,t() • .Q . Box q.
City, St. zip .........5...I...�' 1.....c_.T gl..(� .5 �
Phone (°).7D.. ) 0,5...- I!
For Office Use only
tJ ..
MAR 0 6 2000
WA I EP RE SCA,FIC.ES
STATE ENGINEER
145't<QO I
3/(..(2csoo 3:
417 ZD.00.)
P,LA._ 3 c a -z
3. ACTUAL WELL LOCATION: COUNTY ..6.nr sJ-
OWNER'S WELL DESIGNATION
'�NOrc- �g.7- Qin -r t./E t Rifle
(Address at well location)
N -J W 1/4 of the 5 t.AJ 1/4, Sec. 2.0 Twp. rF
(City)
,51? lark , Range q3
(North or South)
Distances from Section Lines
21100
D/414 Ft, from ...501,071•l Section Line, ll1-1 DO
(North or South)
Subdivision Lot
(State) (ZP)
P.M.
(East or West)
Ft. from bzi$71-- Section Une.
(East or West)
Block Filing (Unit)
4. The location of the existing well needs to be amended for the following reason(s): (Attach appropriate documentation as necessary)
Dri /1 Sifs tQ46 C../.. e.r..ecl S..1iLs.*.1 y 1),/ c1,-1 l ler-.
. I (we), the above listed owner(s) own the well described herein. I (we) have read the statements made herein,
know the contents thereof, and state that they are true to my (our) knowledge. [Pursuant to Section 24-4-104 (13)(a) C.R.S.,
the making of false statements herein constitutes perjury in the second degree and is punishable as a class 1 misdemeanor.]
Name\Title (Please type or print) .
'} Y E LEO
State Engineer
Court Case No.
Signature
FOR OFFICE USE ONLY
APPROVED FOR A CORRECTION OF LOCATION PURSUANT
TO POLICY MEMORANDUM 93-1 DATED JULY 7, 1993
8y
Div. 3— Co. 2 3 WD Basin
Date
MD
#107/2°C)
Date
r
•
41111N44. COLORADO
RIVER
ENGINEERING, INC.
P.O. Box 1301
Rifle, CO 81650
Tel 970-625-4933
Fax 970-625-4564
June 28, 2000
Ms. Gaye Leo
PO Box 986
Silt, CO. 81652
RE: Leo Subdivision — Drainage Review
Dear Ms. Leo:
As Requested, Colorado River Engineering, Inc. has investigated drainage issues involving
the proposed Leo Subdivision located on Taughenbaugh Mesa. The subject property is shown on
the attached general location map (Figure 1). The existing 52± acre parcel includes an existing
home and driveway. The land will be subdivided to create two additional 5 -acre parcels along
County Road 320. The subdivision is not in any floodplains and not subject to localized flooding
due to its location on Taughenbaugh Mesa. A comparison of the existing conditions versus the
developed conditions indicates that there will not be any increase in historic runoff flow to
downstream property owners. Supporting engineering calculations are attached.
The only drainage features associated with the development of the two new lots will be the
installation of a culvert at each driveway entrance from County Road 320. We recommend an 18 -
inch diameter culvert of be used at each driveway.
If you have any questions, please do not hesitate to call 970-625-4933.
CM:cm
Encl:
Drainage.doc
Sincerely,
0A_
Christopher Manera, P.E.
1
• •
11111111111P114..COLORADCD
NININNII•RIVER
ENGINEERING
P.O. Box 1301
Rifle, CO 81650
Tel 970-625-4933
Fax 970-625-4564
Date S - d -6U
Job No. SOcr
Job Name LPv 5Ac ;,i
Description .flrC
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Certificate of Occupancy
•
SHERRY A. CALOIA
JEFFERSON V. HOUPT
BARBARA P. KOGbLKA
MARK E. HAMILTON
CALOIA & HOUPT, P.C.
ATTORNEYS AT LAW
1204 GRAND AVENUE
GLENWOOD SPRINGS, COLORADO 81601
August 4, 2000
Via Hand Delivery
Mark Bean
Kit Lyon
Garfield County Planning Development
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Re: Gaye Leo Subdivision
Dear Mark and Kit:
•
RECEIVED AUG 0 4 2000
TELEPHONE: (970) 945-6067
FACSIMILE: (970) 945-6292
E-mail: caloia&houpt@sopris.net
Enclosed for your information is a copy of draft Declaration of Covenants, Well
Sharing and Irrigation Water Use Agreement, which this office has helped Gaye Leo prepare
with regard to her proposed three lot subdivision near Rifle. Please note that these covenants
now address the concerns raised by the County, including provisions regarding well sharing,
distribution of irrigation water, limitations on pets, and a shared driveway easement for Lots 2
and 3. Please feel free to give me a call if you have any questions.
Very truly yours,
CALOI & H UPT, P.C.
4µA'
Ma E. milton
MEH:nll
Enclosure
cc: Gaye Leo, w/enc.
LEO-Bean-ltr-3
•
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
titu..
FILE NO. 9909053
1. Effective Date: 31ST day of AUGUST 1999, at 7:59 A.M.
2. Policy or Policies to be issued:
(a) ALTA OWNER POLICY (ALTA 10-17-92) $234,000.00
Proposed Insured:
GAYE LEO
(b) ALTA LOAN POLICY (10-17-92) $
Proposed Insured:
3. The estate or interest in the land described or referred to in the Commitment
and covered herein is Fee Simple and is at the effective date hereof vested in:
KEVIN JAY WHEELER
4. The land referred to in this Commitment is situated in the County of Garfield,
State of Colorado, and described as follows:
• TOWNSHIP 6 SOUTH RANGE 93 WEST OF THE 6TH P.M.
SECTION
F
PART
GNORTHWESTERLY RIGHT OF THE
OFWAYWLINEWOF9COUNTY ROAD LYING NO. ERLY oF
THENO. 320
COUNTERSIGNED: �-{--�X�INk___
TITLE CHARGES
OWNER'S POLICY
TAX CERTIFICATE
$715.00�v
10.00
Authorized Officer or Agent
dlh
Valid Only if Schedule B and Cover Are Attached
American Land Title Association Commitment
Schedule A
• (Rev'd 6-86)
ISSUING AGENT: Commonwealth Title Company
127 East 5th Street P. 0. Box 352
Rifle, Colorado 81650
• •.
FILE NO. 9909053
• SCHEDULE B — SECTION I
The following are the requirements to be complied with:
1. Instrument creating the estate or interest to be insured must be
executed and filed for record, to wit:
a. Warranty Deed from Kevin Jay Wheeler vesting fee simple
title in Gaye Leo.
2. Pay the full consideration to, or for the account of, the Grantors or
Mortgagors.
3. Pay all taxes, charges, assessments, levied and assessed against subject
premises, which are due and payable.
4. Satisfactory evidence should be had that improvements and/or repairs
alterations thereto are completed; that contractor, sub -contractor, Labor and
materialmen are all paid; and have release of record all liens or notice of
intent to perfect a lien for labor or material.
•
• NM 6
American Land Title Association Commitment
Schedule B - Section I - Form 1004-5
•
FILE NO. 9909053
SCHEDULE B -SECTION 2
Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same
are disposed of to the satisfaction of the company:
1. Rights or claims of parties in possession not shown by the Public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary Lines, shortage in area, encroachments, and any facts which a correct survey
and inspection of the premises would 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. 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. Pursuant to Senate Bill 91-14 (CRS 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: A Tax Certificate will be ordered from
the County Treasurer by the Company and the costs therefor charged to the
proposed insured unless written instructions to the contrary are received by the
Company prior to the issuance of the Title Policy anticipated by this commitment.
7. Any and all unpaid taxes, assessments and unredeemed tax sales.
•
Right of the proprietor of a vein or lode to extract and remove his
ore therefrom, should the same be found to penetrate or intersect
the premises hereby granted, and a right of way for ditches or
canals as constructed by the authority of the United States, as
reserved in United States Patent recorded May 15, 1903 in Book 56 at
Page 477.
9. Right of way for ditches or canals constructed by the authority of
the United States, as reserved in United State Patents recorded
March 8, 1913 in Book 92 at Page 262.
Reservation of one-half of all mineral and mineral rights in or
underlying said lands with the right of ingress and egress to
prospect for, mine and remove said minerals as reserved by T. E.
McClintock in deed recorded October 11, 1944 in Book 214 at Page
295, and any interests therein or assignments thereof.
(Continued on page 2)
NOTE: EXCEPTION(S) WILL NOT APPEAR IN
THE MORTGAGE POLICY TO BE ISSUED HEREUNDER
The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the
Items set forth in Schedule B - Section 2, the following items:
(1) The Deed of Trust, if any, required under Schedule B - Section I, Items (b).(2) Unpatented mining claims;
reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes,
4111 assessments and unredeemed tax sales.
American Land Title Association Commitment
Schedule B - Section 2
Form 1004-12
FILE NO. 9909053
•
• r
SCHEDULE B - CONTINUED
11. Right of way for the Taughenbaugh Ditch, its enlargements and
laterals insofar as it may affect subject property.
p/1.2. Terms and conditions of easement contract recorded January 4, 1993 in
Book 851 at Page 567.
•
(Page 2)
•
•
•
•
• •
INFORMATIONAL NOTES
This is to advise that COMMONWEALTH TITLE INSURANCE COMPANY makes
available to its prospective insured owners, in conjunction with their
COMMONWEALTH TITLE INSURANCE COMPANY policy covering a single family
residence, including a condominium or townhouse unit, protection
against mechanics' liens. This protection is not automatic nor given
in all cases, but is subject to the Company's underwriting
requirements, and does not cover those liens which arise out of work
contracted for or entered into at the request of the insured owner.
These underwriting requirements include, but may not be limited to,
the following:
1. Receipt by the Company of agreement(s) indemnifying it
for any loss resulting from its granting of lien
protection, executed by the seller, contractor or others
who might have incurred debts which could result in
mechanics' liens;
2. Information concerning the solvency and whereabouts of
the parties set forth in Item No. 1, possibly including
financial statements;
3. Evidence of payment of any bills which might have been
incurred for work done on the property, depending upon
the length of time elapsed since the last work was
completed and what remains to be done;
4. In the event of extensive recent constructions, whether
on all the improvements located upon the property or not,
additional items required may include: (a) the Company's
review of the owner's and/or builder's history relative
to construction projects previously completed or
presently under construction; (b) review of the
construction loan agreement if applicable; (c) review of
any performance or materialman's bonds concerning this
construction, if applicable; (d) payment of the
appropriate charge for mechanics' lien protection during
construction, if applicable.
This is also to advise that, pursuant to Regulation of the Colorado
Insurance Commissioner, every title entity shall be responsible for
all matters which appear of record prior to the time of recording, and
subsequent to the effective date of the commitment, whenever the title
entity conducts the closing and is responsible for recording or
filing of legal documents resulting from the transaction which was
closed. This does not include those matters created, suffered,
assumed or agreed to by the insured. The prospective insured is
advised to inquire of the closing entity as to whether it is an office
of COMMONWEALTH TITLE INSURANCE COMPANY or is an independent agent
which will be the responsible entity relative to the closing only.
ISSUED BY
•
• •
COMMONWEALTH LAID TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE
Commonwealth
A LANDAMERICA COMPANY
Commonwealth Land Title Insurance Company, a Pennsylvania corporation, herein called the company, for a valuable con-
sideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed
Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred
to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and
to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies
committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment
or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations
hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for shall
be issued, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the company.
IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its Corporate Name
and Seal to be hereunto affixed; this instrument, including Commitment, Conditions and Stipulations attached, to become valid
when countersigned by an Authorized Officer or Agent of the Company.
• Attest:
•
e, %Z
Secretary
COMMONWEALTH LAND TITLE INSURANCE COMPANY
By:
a . Q
President
Conditions and Stipulations
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter
affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B
hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for
any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose
such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise
acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option
may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included
under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance
hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in
Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event
shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is
subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of policy
or policies committed for in favor of the proposed Insured which are herebyincorporated by reference and are made a part
of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out
of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must
be based on and are subject to the provisions of this Commitment.
PA 3
American Land Title Association Commitment - 1966
Cover Page
Form 1004-8 nRlnIri i
4 a
• •'
DATE: JANUARY 20, 2000
TO: GAYE LEO
ATTN:
ADDRESS: P.O. BOX 986
SILT, CO 81652
RE:
COMMITMENT
COMMONWEALTH TITLE COMPANY
127 E. 5th St.
P.O. Box 352
Rifle, Colorado 81650
Thank you for your order.
Enclosed please find the following:
in connection with our File No.
XX TITLE POLICY
ENDORSEMENT
TAX CERTIFICATE
TO FOLLOW
OTHER
9909053
Copies sent to:
If you have any questions concerning title work, please ask for DEAN
If you have any questions concerning sales closings, please ask for ROSE
If you have any questions concerning refinances, please ask for DENNA
If you would like to place an order, please ask for EDE
ph:(970) 625-3300
fx:(970) 625-3305
ISSUED BY
COMMONWEALTH LAND TITLE INSURANCE COMPANY OWNER'S POLICY OF TITLE INSURANCE
Commonwealth
A LANDAMERICA COMPANY
POLICY NUMBER
A60-624104
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND
THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania 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, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided
in the Conditions and Stipulations.
IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company.
Attest:
Secretary
COMMONWEALTH LAND TITLE INSURANCE COMPANY
By:
?Hcr,,Lt- Q
President
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve-
ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of
which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula-
tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or
alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
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, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed
in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured
by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation
of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer
results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
NM 1 PA10
ALTA Owner's Policy (10-17-92)
Face Page
Form 1190-2A
Valid Only If Schedules A and B and Cover Are Attached
• •
POLICY OF TITLE INSURANCE
SCHEDULE A
Amount of Insurance: $234,000.00 Policy No. A60-624704
Premium: $715.00 File No. 9909053
Date of Policy: 12TH DAY OF JANUARY, 2000 AT 7:59 A.M.
1. Name of Insured:
GAYE LEO
2. The estate or interest in the land described herein and
which is covered by this policy is fee simple and is at date
of policy vested in:
GAYE LEO
3. The land referred to in this policy is described in the
said instrument, is situated in the County of Garfield,
State of Colorado, and is identified as follows:
TOWNSHIP 6 SOUTH RANGE 93 WEST OF THE 6TH P.M.
SECTION 20: THAT PART OF THE W1/2SW1/4 LYING NORTHERLY OF
THE NORTHWESTERLY RIGHT OF WAY LINE OF COUNTY ROAD NO. 320
COUNTERSIGNED:
dmr
NM 1 PA 10
ALTA Owner's Policy (10-17-92)
FORM 1190-2 Schedule A
• •
Policy No.
File No.
SCHEDULE B
A60-624704
9909053
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 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 service, labor, or material heretofore or
hereafter furnished, imposed by law and not shown by the public records.
5. Unpatented mining claims; reservations and exceptions in patents or in acts of
authorizing the issuance thereof.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. Any lien or charge on account of the inclusion of subject property in
an improvement district.
8. Right of the proprietor of a vein or lode to extract and remove his
ore therefrom, should the same be found to penetrate or intersect
the premises hereby granted, and a right of way for ditches or
canals as constructed by the authority of the United States, as
reserved in United States Patent recorded May 15, 1903 in Book 56 at
Page 477.
9. Right of way for ditches or canals constructed by the authority of
the United States, as reserved in United State Patents recorded
March 8, 1913 in Book 92 at Page 262.
10. Reservation of one-half of all mineral and mineral rights in or
underlying said lands with the right of ingress and egress to
prospect for, mine and remove said minerals as reserved by T. E.
McClintock in deed recorded October 11, 1944 in Book 214 at Page
295, and any interests therein or assignments thereof.
11. Right of way for the Taughenbaugh Ditch, its enlargements and
laterals insofar as it may affect subject property.
12. Terms and conditions of easement contract recorded January 4, 1993 in
Book 851 at Page 567.
13. Deed of Trust from Gaye Leo to the Public Trustee of Garfield
County for the use of Kevin J. Wheeler, showing an original
amount of $179,000.00, dated January 7, 2000 and recorded January
11, 2000 in Book 1168 at Page 636.
Schedule B
Form 2005-47
CONDITIONS AND STIPULATIONS •
(Continued)
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the insured claimant who has suffered loss
or damage` by reason of matters insured against by this policy and only to
the extent herein described.
(a) The liability of the Company under this policy shall not exceed the
least of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or interest as
insured and the value of the insured estate or interest subject to the defect,
lien or encumbrance insured against by this policy.
(b) In the event the Amount of Insurance stated in Schedule A at the
Date of Policy is less than 80 percent of the value of the insured estate or
interest or the full consideration paid for the land, whichever is less, or if
subsequent to the Date of Policy an improvement is erected on the land
which increases the value of the insured estate or interest by at least 20
percent over the Amount of Insurance stated in Schedule A, then this
Policy is subject to the following:
(i) where no subsequent improvement has been made, as to any partial
loss, the Company shall only pay the loss pro rata in the proportion that
the amount of insurance at Date of Policy bears to the total value of the
insured estate or interest at Date of Policy; or
(ii) where a subsequent improvement has been made, as to any partial
loss, the Company shall only pay the loss pro rata in the proportion that
120 percent of the Amount of Insurance stated in Schedule A bears to the
sum of the Amount of Insurance stated in Schedule A and the amount
expended for the improvement.
The provisions of this paragraph shall not apply to costs, attorneys' fees
and expenses for which the Company is liable under this policy, and shall
only apply to that portion of any loss which exceeds, in the aggregate, 10
percent of the Amount of Insurance stated in Schedule A.
(c) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations.
8. 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 established affecting one or
more of the 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 parcel
by the Company and the insured at the time of the issuance of this policy
and shown by an express statement or by an endorsement attached to this
policy.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect,
lien or encumbrance, or cures the lack of a right of access to or from the
land, or cures the claim of unmarketability of title, all as insured, in a
reasonably diligent manner by any method, including litigation and the
completion of any appeals therefrom, it shall have fully performed its
obligations with respect to that matter and shall not be liable for any loss
or damage caused thereby.
(b) In the event of any litigation, including litigation by the Company
or with the Company's consent, the Company shall have no liability for
loss or damage until there has been a final determination by a court of
competent jurisdiction, and disposition of all appeals therefrom, adverse to
the title as insured.
(c) The Company shall not be liable for loss or damage to any insured
for liability voluntarily assumed by the insured in settling any claim or suit
without the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
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.
11. UABIUTY NONCUMULATIVE
It is expressly understood that the amount of insurance under this policy
shall be reduced by any amount the Company may pay under any policy
insuring a mortgage to which exception is taken in Schedule B or to which
the insured has agreed, assumed, or taken subject, or which is hereafter
executed by an insured and 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 thi:. policy to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for endorsement
of the payment unless the policy has been lost or destroyed, in which case proof
of loss or destruction shall be furnished to the satisfaction of the Company.
NM1 PA10
ALTA Owner's Policy (10-17-92)
Fnrm 114f1 -.'i r..nvor Pana
•
(b) When liability and the extent of Toss or damage has been definitely
fixed in accordance with these Conditions and Stipulations, the loss or
damage shall be payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this
policy, all right of subrogation shall vest in the Company unaffected by
any act of the insured claimant.
The Company shall be subrogated to and be entitled to all rights and
remedies which the insured claimant would have had against any person or
property in respect to the claim had this policy not been issued. If
requested by the Company, the insured claimant shall transfer to the
Company all rights and remedies against any person or property necessary
in order to perfect this right of subrogation. The insured claimant shall
permit the Company to sue, compromise or settle in the name of the
insured claimant and to use the name of the insured claimant in any
transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the
insured claimant, the Company shall be subrogated to these rights and
remedies in the proportion which the Company's payment bears to the
whole amount of the loss.
If loss should result from any act of the insured claimant, as stated
above, that 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 by this
policy which shall exceed the amount, if any, lost to the Company by
reason of the impairment by the insured claimant of the Company's right
of subrogation.
(b) The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors shall
exist and shall include, without limitation, the rights of the insured to
indemnities, guaranties, other policies of insurance or bonds,
notwithstanding any terms ,or conditions contained in those instruments
which provide for subrogation rights by reason of this policy.
14. ARBITRATION
Unless prohibited by applicable law, either the Company or the insured
may demand arbitration pursuant to the Title insurance Arbitration Rules
of the American Arbitration Association. Arbitrable matters may include,
but are not limited to, any controversy or claim between the Company and
the insured arising out of or relating to this policy, any service of the
Company in connection with its issuance or the breach of a policy
provision or other obligation. All arbitrable matters when the Amount of
Insurance is $1,000,000 o' less shall be arbitrated at the option of either the
Company or the ins.'rcd. All arbitrable matters when the Amount of
Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to
by both the Company and the insured. Arbitration pursuant to this policy
and under the Rules in effect on the date the demand for arbitration is
made or, at the option of the insured, the Rules in effect at Date of Policy
shall be binding upon the parties. The award may include attorneys' fees
only if the laws of the state in which the land is located permit a court to
award attorneys' fees to a prevailing party. Judgment upon the award
rendered by the Arbitrator(s) may be entered in any court having
jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the
Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto
by the Company is the entire policy and contract between the insured and
the Company. In interpreting any provision of this policy, this policy shall
be construed as a whole.
(b) 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 by any action asserting such claim, shall be restricted to
this policy.
(c) No amendment of or endorsement to this policy can be made
except by a 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.
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable
under applicable law, the policy shall be deemed not to include that provi-
sion and all other provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT.
All notices required to be given the Company and any statement in writing required
to be furnished the Company shall include the number of this policy and shall be
addressed to its Corporate Headquarters, 101 Gateway Centre Parkway, Gateway
One, Richmond, Virginia 23235-5153. Mailing address: P.O. Box 27567, Richmond,
Virginia 23261-7567.
Valid flnly If Farr Pa OP c1"1,Pd111PC A anti R Ara AIto .[.ori
Sunday, November 12, 2000 5:34 PM • Western Water Consulting 303-797-0916 •
WESTERN WATER CONSULTING, INC.
WATER RESOURCES ENGINEERING
November 10, 2000
Mr. Christopher Manera
Colorado River Engineering, Inc.
P.O. Box 1301
Rifle, Colorado 80215
RE: PROFESSIONAL ENGINEERS
LICENSE
Dear Chris:
The purpose of this letter is to inform you that during the meeting of the Board of
Professional Engineers on November 10, 2000 a motion was made to reinstate your
professional engineer's license followed with a letter of admonishment. There was no
discussion of the matter and the motion was seconded.
If you need additional information or have any questions, please call.
Very truly yours,
WESTERN WATER CONSULTING, INC.
James H. Hyre, 1?. E.
5938 WEST IDA DRIVE • LITTLETON, COLORADO • 80123
PHONE: 303-794-9337 • FAX: 303-797-0916
EMAIL: byre@westernwaterconsulting.com
p.01
11)
7
cel 7/3//77
•
STATE OF COLORADO
STATE BOARD OF REGISTRATION FOR PROFESSIONAL
ENGINEERS AND PROFESSIONAL LAND SURVEYORS
Angeline C. Kinnaird
Program Administrator
1560 Broadway, Suite 1370
Denver, CO 80202
Phone (303) 894-7788, FAX (303) 894-7790
Department of Regulatory Agencies
M. Michael Cooke
Executive Director
Division of Registrations
Bruce M. Douglas, Director
Bill Owens
Governor
If you wish to reinstate your license as a Professional Engineer and/ or as a Professional Land Surveyor in the
state of Colorado, it will be necessary that you update your experience record over the period of time you let
your license lapse. Your reinstatement request will be considered by the Board at one of their regularly
scheduled meetings (schedule of meetings is attached ). At that time, you will be notified by the Board of their
decision on your reinstatement.
Reinstatement Request Form: Complete this form and include it as the first sheet with your request for
reinstatement of your license.
Summary of Experience Record Form: Two forms enclosed. Please type all information on this form
and submit it to the Board for their review. You should cover the period of time for which your license has
been delinquent. Be specific about the engineering or land surveying duties that you performed and to what
extent (e.g., engineers: design, analysis, contract admin., construction observation, expert witness, etc.). If
you are not specific in your description of work experience, the Board may delay taking action on your
license reinstatement request.
Experience Verification Forms: Enclosed are three "Experience Verification Forms" and three envelopes.
It is necessary that you supply the Board with an "Experience Verification Form" from a reference or
references who can verify your work experience during the time your license has been delinquent. If you
need additional verification forms, please contact the Board office. Complete your part on the "Experience
Verification Form" then forward your verification form(s) to your reference(s) for their completion of the
form. These verification forms are used to verify the accuracy of the experience you have described in your
"Summary of Experience Record". It is your responsibility to see that your reference(s) return to you the
completed experience verification form(s) in the special envelope provided by the Board. This envelope must
be sealed and signed (on the back flap of the envelope) by the reference. Do not send your request for
license reinstatement to the Board until you can include all supporting documentation.
Law and Bylaws: One set has been enclosed. Please refer to Section 12-25-115(4) for Professional Engineer
reinstatement and/or Section 12-25-215(4) for Professional Land Surveyor reinstatement.
If you have any questions regarding the reinstatement of your license, please do not hesitate to contact me at
(303) 894-7789.
J.Lze 77-xaz/uild
Ilene Mothershed, Administrative Assistant
Enclosures
H:1EngIFEESIREINSTATlReinstatement Instructions.doc
For the Deaf or Hearing Impaired: TDD line (303) 894-7880
•
CALOIA & HOUPT, P.C.
ATTORNEYS AT LAW
1204 GRAND AVENUE
GLENWOOD SPRINGS, COLORADO 81601
(970) 945-6067 - VOICE
(970) 945-6292 - FACSIMILE
Please direct correspondence to this address
SHERRY A. CALOIA
JEFFERSON V. HOUPT
BARBARA P. KOZELKA
MARK E. HAMILTON
November 8, 2000
VIA HAND DELIVERY
Kit Lyon
Garfield County Planning Development
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Re: Gaye Leo Subdivision
Dear Kit:
• RECEIVED8
NOV!SOV 2000
PARK AVENUE PROFESSIONAL BLDG.
121 NORTH PARK AVE., SUITE B
MONTROSE, COLORADO 81402
(970) 252-0180 - VOICE
email for Mark Hamilton: mham@sopris.net
As you know, this law firm represents Gaye Leo. She has asked me to confirm with
your office that she intends to establish a homeowners association for her subdivision pursuant
to the Uniform Unincorporated Nonprofit Association Act, Colo. Rev. Stat. Sections 7-30-101
to 119, inclusive. She understands from previous conversations with you that, given that the
proposed subdivision only has three lots, Garfield County will accept formation of the
association as an unincorporated entity (despite the comments set forth in Paragraph 9 of your
letter to Gaye dated October 16, 2000). I intend to meet with Gaye in the near future to discuss
other revisions to the proposed Declaration of Covenants in accordance with other staff
comments. Please let me know if you have any questions.
Very truly yours,
CAL IA & HQUPT, P.C.
M.' k E. Hamilton
MEH:nll
Enclosure
cc: Gaye Leo
11111111111111111111111111111111111101111111 1111 IIII
557899 01/11/2000 10:06A B1168 P635 M ALSDORF
1 of 1 R 5.00 D 0.00 GARFIELD COUNTY CO
•
QUITCLAIM DEED
Grantor(s)
KEVIN JAY WHEELER
Recorder
whose address is
5553 TAMLIN ROAD COLORADO SPRINGS, CO 80915
County of EL PASO
and State of COLORADO , for the consideration of
----Ten dollars and other good and valuable consideration Dollars, in hand paid, hereby sell(s) and quitclaims(s)
to
GAYE LEO whose address is
P. O. BOX 986 SILT, CO 81652
County of GARFIELD
, and State of COLORADO , the following real property, in the
County of GARFIELD , and State of Colorado, to wit:
Any and all of Grantor's interest in and to Grants of easements as described in instruments recorded August
2, 1993 in Book 870 at Page 911 and recorded July 21, 1998 in Book 1078 at Page 980.
also known as street and number:
assessor's schedule or parcel number:
with all its appurtenances.
Signed this 7TH day of JANUARY, 2000
STATE OF COLORADO,
County of Garfield
CC A �CGLt�
KEVI I JAY HEELER
) ss.
The foregoing instrument was acknowledged before me this 7th day of January, 2000
by KEVIN JAY WHEELER
'ROSE MARIE',
GEORGE
f sem:• : O
I' ,6' of CO` .--:
Witness my hand and official seal.
My commission_. fres: 4/29/02
Notary Public
RETURN TO: GAYE LEO P 0 BOX 986 SILT, CO 81652
Name and Address of Person Creating Newly Created Legal Description ((38-35.106.5, C.R.S.)
No. 898. Rev. 9-94. QUITCLAIM DEED (Short form)
BradFonnsT" Software - Computer Generated Forms for Commonwealth Title Company
Bradford Publishing, 1743 Wazee St., Denver, CO 80202 - (303) 292-2500
1111111 11111 111111 1111 111111 11111111111111 IflI 11111111
560716 03/20/2000 10:14A B1177 P401 11 ALSDORF
1 of 1 R 6.00 D 0.00 GARFIELD COUNTY CO
REQUEST FOR RELEASE OF DEED OF'f RUST AND RELEASE
3 I) 100 Date
i; GAYE LEO Grantor (Borrower)
KEV IN J . WHEELER Original Beneficiary
(Lender)
JANUARY 7 , 2000 Date of Deed of Trust
Recorder
i; JANUARY 11, 2000 Recording Date of
Deed of Trust
County of Recordsng
557900 Reception and/or Film Nos of Recorded Deed of Trust
Book and Page of Deed of Trust
C4RFIELI)
Re eptioo No.
1168
Film No.
636
Book*. Page No.
TO THE PUBLIC TRUSTEE OF
I GARFIELD
County (The Public Trustee to which the above Deed of Trust conveys the said property.)
Please execute this release. as the indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the
10 ' Deed of /Rust has been fully satisfied.
i'
.3:„.::
; KEVIN J. WHEELER vsat►anrouua1ai
• iformat Owner and Holder of the Indebtedness Secured by 1041.44%13'16.,M,'al
Name and Title of Agent or O(Fuc of Cunent Owan¢ H fiA7 r 7. II
CD
- pUBLIO
-S'j
y' „O urrco O
my Com aiisiow Eagres 9-25-2000
State of Colorado, County of
The foregoing request for release was acknowledged before me on
7A00(date) by"
KEVIN J. WHEELt.R
Si nature
Date Commission Expires
RELEASE OF DEED OF TRUST
WHEREAS, the above referenced Grantor(s), by Deed of Trust, conveyed certain real property described in said Deed of Trust to
the Public Trustee of the County referenced above, in the State of Colorado, to be held in trust to secure the payment of the indebtedness
referred to therein; and
WHEREAS, the indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the Deed of Trust
has been fully satisifed as set forth in the written request of the current owner and holder of the said indebtedness.
NOW THEREFORE, in consideration of the premises and the payment of the statutory sum, receipt of which is hereby acknowl-
edged, f, as the Public Trustee in the County first referenced above, do hereby remise, release and quitclaim unto the present owner or
owners of said real property, and unto the heirs, successors and assigns of such owner or owners forever, all the : tght, title and interest
which I have under and by virtue of the aforesaid Deed of Trust in the real estate described therein, to have and to hold the same, with all
the privileges and appurtenances thereunto belonging forever; and further I do hereby fully and absolutely release, cancel and forever
discharge said Deed of Trust.
Witness My Hand and Seal
Sipature
Inn41.1111177 Deed ifTAW
P013-•
STATE OF COLORADO )
COUNTY OF GARFIELD) The foregoing
instrument was acknowledged before me by on
Georgia Chamberlain, Garfield County, by
Colorado Public Trustee on Ogt 1 T , the
Public Trustee of
County, Colorado.
q"3 --0.A Date Commission Expires
'11 applicable, reaen title of agent or officer and came of current omen and hoidcr.
by
Witness My Hand and Seal
Deputy Public Trustee
�i�5(-et S�c aco $(,125 �
Original Note and Deed of Trtn:
(Kato P.o.bost a 2Aa a int
Received by
No. 90/. Ree. 6-92. (REQUEST FOR) (RELEASE) OF DEED OF TRUST 1D Bradford Publishing. 1743 Wazee St., Denver, CO 8020: — (301 i
wuanr rift nafFn RF.TI)RN TO:
i • RECEIVED SEP 0 7 2000
WESTERN WATER CONSULTING, INC.
WATER RESOURCES ENGINEERING
September 7, 2000
Ms. Kit Lyon
Garfield County Building & Planning Department
109 8`'' Street, Suite 303
Glenwood Springs, Colorado 81601
RE: LEO SUBDIVISION PEER REVIEW
Dear Ms. Lyon:
On September 5, 2000 a peer review was made of the engineering reports by
Colorado River Engineering, Inc. concerning the Leo Subdivision. Specifically, the
following engineering reports were reviewed:
• Leo Subdivision — Water Supply, June 28, 2000
• Leo Subdivision — Drainage Review, June 28, 2000
• Leo Subdivision — Soils and Geology/Hazards Evaluation, June 29, 2000
• Leo Subdivision — Wastewater Treatment, June 30, 2000
The engineering conclusions and recommendations provided in the engineering reports
were found to be acceptable. Attached for your files are copies of the above reports that
have been stamped with my engineering seal.
00Nt1unigto
�
''•• REG'• E(4,4��
a 0•F,S 1 1
111
•
100 At• z
Very truly yours,
WESTERN WATER CONSULTING, INC.
�M,;'J7lyw
James H. Hyre, P. E.
Cc: Mr. Christopher Manera, Colorado River Engineering, Inc.
Ms. Gaye Leo
5938 WEST IDA DRIVE • LITTLETON, COLORADO • 80123
PHONE: 303-794-9337 • FAX: 303-797-0916
EMAIL: hyre@westernwaterconsulting.com
N14111` COLORIA
• RIVER
ENGINEERING, INC.
P.O. Box 1301
Rifle, CO 81650
Tel 970-625-4933
Fax 970-625-4564
June 28, 2000
Ms. Gaye Leo
PO Box 986
Silt, CO. 81652
RE: Leo Subdivision — Drainage Review
Dear Ms. Leo:
As Requested, Colorado River Engineering, Inc. has investigated drainage issues involving
the proposed Leo Subdivision located on Taughenbaugh Mesa. The subject property is shown on
the attached general location map (Figure 1). The existing 52± acre parcel includes an existing
home and driveway. The land will be subdivided to create two additional 5 -acre parcels along
County Road 320. The subdivision is not in any floodplains and not subject to localized flooding
due to its location on Taughenbaugh Mesa. A comparison of the existing conditions versus the
developed conditions indicates that there will not be any increase in historic runoff flow to
downstream property owners. Supporting engineering calculations are attached.
The only drainage features associated with the development of the two new lots will be the
installation of a culvert at each driveway entrance from County Road 320. We recommend an 18 -
inch diameter culvert of be used at each driveway.
If you have any questions, please do not hesitate to call 970-625-4933.
CM:cm
Encl:
Drainage.doc
Sincerely,
ipt
Christopher Manera, P.E.
1
14111111Nlimp C D L0R.AD
NININN144.RIVER
ENGINEERING
P.O. Box 1301
Rifle, CO 81650
Tel 970-625-4933
Fax 970-625-4564
Date
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