HomeMy WebLinkAbout2.0 Revised ApplicationGarfieM County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
DIVISIONS OF LAND
APPLICATION FORM
TYPE OF SUBDIVISION/EXEMPTION
Minor Subdivision
ajor Subdivision
in Sketch ❑ Preliminary 0 Final
Conservation Subdivision
❑ Yield ❑ Sketch 0 Preliminary 0 Final
❑ Time Extension
❑ Preliminary Plan Amendment
Final Plat Amendment
O Common Interest Community Subdivision
❑ Public/County Road Split Exemption
❑ Rural Land Development Exemption
INVOLVED PARTIES
Owner/Applicant
Name: f f 61 i 4- ‘ro1 n14Jfrl,v, ,I tZo4 twvi, wv2K tio.a'hone: (990 ) q
r yg K� 6
Mailing Address: /V a S 4t; 4w ell CS 2 , Ns( 2
City: 6.1-64wooA s13Rvv65 State: Co
E-mail: ro-Tco-IT6- d CcM
Representative (Authorization Required)
Name: imlyo caiza,(46- 2n/ (ttiJw,-J% Phone: (r/af) ) 307- alto 6
Mailing Address: C 016242 ( LAI
City: 5as i i_T State: C() Zip Code:
E-mail: /27&8 93 1-1 d 6 m'? -t cool
PROJECT NAME AND LOCATION
Project Name:
G IA_) 4LE- U((5 5
Assessor's Parcel Number:
Zip Code: S %60 (
%I r
. O72-0(000
2 -1 O720&Co'7
Physical/Street Address: 0 o 5 61-164k fly gal GL&n1 tJoCNS SPfilo_5
Legal Description: L o .r x of= 55C T • 7S, R $'/ to.)-
,) 1.o1T 1 tN 56C, '7, T.'iS, J . $ til 0 F icdh P, P1, couv7.1
Zone District: 2 1 in Pi 22G J J -/ L Property Size (acres):
co
t IJ 5CC, 6
of 6-111zFt -6i s -fa
oee
Project Description
Existing Use: (%N QSU L0PE/_1
I-.
Q -"
Proposed Use (From Use Table 3-403):
Project: 6 i �-(L
ESS 'r? (L S t�0 d�6G (PDescription
6.t(3RF FOR (AR (Ior poi?
ucic /n64" � %
of
i,VCSio3Z
Proposed Development
Area
# of Lots
# of Units
Acreage
Parking
Use Type
Land
Single Family
Duplex
15
Multi -Family
Commercial
�. c
TGD
,Ja
industrial
Open Space
Other
Total
T60,�%
g
REQUEST FOR WAIVERS
Submission Requirements
41 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:
Section:Suism 5i0,/ in7P(,Vut�nl.mirs 46RFEh1i ction:
Section: Section:
Waiver of Standards
0 The Applicant is requesting a Waiver of Standards per Section 4-118. List:
Section: Section:
Section: Section:
I have read the statements above and have provided the required attached information which is
correct and accurate to the best of my knowledge.(/
%titt ti� �'�"t (»&Ml 6 Li 1-4 /44.4,4'4)/2(v) r
Signature of Property Owner Date
OFFICIAL USE ONLY
Fite Number: Fee Paid: $
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Recorded at o'clock M.
Reception No. Recorder.
WARRANTY DEED
T1{IS DECO, mado on July 20, 201$
Between Barrie tt-Fyrrw 1d Holdings, Inc.
ofthc County of Pulaski, and Stnro of Arkansas, grantor, and
Habitat for Humanity Roaring Fork Valley,
whose legal address Is : 7502 Highway 82, Box 2, Glenwood Springs, CO, 81601
of the County of Garfield and State of Colorado, grantee:
WITNESSETH, That the grantor for and in consideration of the sunk of 52,500,000.00 DOLLARS, the receipt and sufllciency of tvldch is
hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents docs grant, bargain, sell and convey and confirm unto the
grantee, hs successors and assigns forever, all the real property together with improvements, If any, situate, Tying and being in the
County of Garfield and State of Colorado described as follows:
See Attached Exhibit "A"
as known by street end number as: 7025 Highway 82 Glenwood Springs CO 81601
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and
reversions, remainder and remainders, rents. issues and profits thereof, and alt the estate, right, title, Interest, claim and demand whatsoever of the
grantor anther 111 law or equity, of, in and to the above bargained remises, with tho heredhamcnts and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with tire appurtenances, unto the grantee, its successors and
assigns forever. And the Grantor, for itself, and its successors, does covenant, grant, bargain, and egron to and with the Grantee, Its successors and
assigns, that et the time of the enscaling and delivery of these presents, it Is well seized of the premises above conveyed, has good, sure, perfect,
absolute and indefeasible estate of inheritance, In law, in fee simple, and has good right, Rill power and lawful authority to grant, bargain, sell and
convey the same €n manner and form as aforesaid, and that the sante are ,roe and clear from ail former and other grants, bargains, sales, liens, taxes,
assessments, encumbrances and restrictions of whatever kind 'or nature solver, except general taxes and assessments for the year 2015 end
subsequent years and ell those specific exceptions described by reference to recorded documents as reflected In Commonwealth Title Company's
Commitment No. 1408032.1
1110 grantor shall and will WARRANT AND FOREVER DEFENI) the above bargained premises In the quiet and peaceable possession of the
grantee, hs successors and assigns, against all and every person or persons tawIbIly claiming the whole or any part thereof. The singular number
shall include the plural, the plural the singular, and the use ofgender shall be applicable to all genders
IN WITNESS WHEREOF tits grantor has executed this deed on the date set forth above,
Barnett-Fyrwptrigs, Inc.
By:
Ern" yrwald, 1' a :env
13y:
STATE OF cora4o
)as.
COUNTY op pr /4-k r'~
The foregoing instrument was acknowledged before ntc on July 1 b. 2015, by Ernie Fyrwold, President of Barnett-Fyrwald Holdings, lac..
My commission expires: J /..a /
Cogricortelh FA, 140$052.t
Rehr.
I W+a rot rt..+ay Ito vi`3 fort Va3.y
rry.11Csk.ty it 1
eteo+. 14ess+ COeo 11401
Wilemy hrtnd and o
PETRINA DISALVO
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20134021220
MY COMMISSION EXPIRES APRIL 2, 2017
Notary Public
Pile No. 1408032-2
EXHIBIT "A"
Lot 3
A parcel of land situated in Lot 20 of Section 1, Township 7 South, Range 87 West of the Sixth Principal
Garfield
o nnd y,Colo Colorado, tying southwesterly of State Hight 1 of Section 7, Township 7 South, Rangeway No. 82 a8 West of nd northeasterly of hee Sixtlt Principal , Union
Garfield C iy,
Pacific Railroad (Aspen Brandi), and being more particularly described as follows:
Commencing at the North Quarter corner of said Section 7; thence South 74°22'36" West 815.82 feet to the
POINT OF BEGINNING;thence Southro80.52 h 37°09'09" East 63.07 feet;
thence South 54°59'15"Wcst 119.20 feet to a the Northeasterly right-of-way of the Union Pacific
Railroad; thence South 19°36'27" East along said Northeasterly right-of-way 261.81 feet; thence leaving
said Northeasterly right-of-way North 89°17'09" East 341.02 feet; thence North 37°28'06" West 544.11 feet
to the POINT OR BEGINNING.
1997, as
ALSO KOwvalAS Lot 3 Exemption Plat recorded June 2i, 1999, as Reception ,No. 547S43cception No. 506023 and
AmendedIy
Lot 4
A parcel of land situated In Lot 1 of Section 6 and Lot 1 of Section 7, Township 7 South, Range 88 West of
the northeasterly of the Union and Pacific Railroad ( Principal Meridinn, Garfield County, ° Aspen Brancgh)sand being lmore particularly described as
y of State Highway No. 82 and
Wolf y
follows:
Commencing at the North Quarter Corner of said Section 7; thence North 89°04'30" West 621.67 feet to a
point on the Southwesterly right-of-way line of State Highway No. 82, THE POINT OF BEGINNING;
thence South 37°28'06" East along said Southwesterly right-of-way 509.31 feet; thence leaving said
Southwesterly tight -of -way South 01°08'39" West 199.98 feet; thence North 88°55'51" West 89.64 feet;
thence South 02°44'51" East 58.52 feet; thence South 89°17'09" West 52.11 feet; thence North 37°28'06"
West 544,11 feet; thence North 28°24'42" East 180.58; thence along the arc of a curve to the right having a
radius of 100.00 feet and n central angle of 24°07'12", a distance of 42.10 feet (chord bears North 40°28'18"
East 41.79 feet); thence North 52°31'54" East 64.32 feet to the POINT OF BEGINNING.
as
ALSO KNOWN 1d exemption Plat recorded
Jution ne 21, 1999,recordedlat s Reception No. 547543eeeptton No. 506023 and
Amended Py
TOGETHER WITH that parcel conveyed to Barnett-Fyrwald Holdings, Inc. in Quit Claim Deed recorded
May 2, 2002 in Book 1356 at Page 390.
•
on the Amended Fyrwald Exemption
t
recorded
JuneING all access as Reception Nosements and u547543tility asements as convoyed ton Glendale Business CenterProperty Owners
recorded an 21, 1
Association and described in Quit Claim Aced recorded May 14, 2008 8s Reception No. 748524.
To: CanrnonwealthTitle mpaoy44
Re Contract Dated: 9 -V .2
o// (4 e)
Your File No.: 1
Please prepare the following documents dated 7/40/zvrs: Qar ° L✓`r)
NTD81.10-06 NTD82•1006 (no default tate) (a, LO
Promissory Nate form: �,
r/ /- / r n....-(�/re�ifn�% r .Ina , asn/itc
Lender: 8Rrr1a 1 . /
lender Address: pcc2nz.2 6 i 4 &/ L,..na...eur>t,_ 2X0, Lr/1i r 44 ?2Lo2.
Borrower. /yabra� �7'"; ,.•^^'f7�J-rxr.•/,e:-f G'a
Loan Amount: $ rr/ a5'', oo °
Interest Rate: 3 %
. Payments: _monthly __quartetly ✓eml•Annw1 annually other
Payments: _Principal and Interest /interest only �,.PITi .other
Amortization; basedonA.V4 Years 33 66
T.
Payment amount: $ G ,s'ao � 1S
_lot .t^"•°.` ].o, 2014\ �t/"`t,t,(!l'
q J 0-114first Payment: 1 f W{ wi/,, `-4/
r.r.. P i✓vrsri.. e rl •xavod.-- j
Maturity Date: 1�1a l2014 , ..
Late Charge: .1-.0-_% after l5• days
Default Interest Rate: j.
Prepayment Penalty: r3)r4•
Property seared: fr 3 0'y 6,—,..401-4-..-,/,,:-. ,f
.-(4,•a1so602.3} t r.. 3
e 76/s- Ifs 8t, 6.411'fi
Secured by: i%1^Deed ofTnut 2"Deed ofT of
i 1072.8.10 Due ooIra rolerStrtct TO73-8-10 Due on Trans fenCredltworthyOthet
Disbursement Interest Rate: Y
Buswr t wtiwill not provide a tender's title Insurance policy
tt is understood and agreed that commonwealth Title Company of Garfield County, inc, neither assumes,
nor will be charged with any financial obigations or liability whatever on account of any statement
contained In these instruments. Further, the documents are prepared without tatting into consIderation
any tax consequences and the indi kluats and entities Usted on the documents admorriedge and
understand that no tax or Legal advke has been provided end that they have had the opportunity to
consultwah an accountant and an attorney.
Grantor andGranteeshall indemnify and hold harmless CommonweakhThleCompany of Garfield County,
Inc. and Commonwealth land Title Insurance Company and promptly defend, remove, bond or otherwise
dispose of and hold harmless and Indemnify Commonwealth and Commonwealth land Title Insurance
Company against all expenses, costs and attorney fees, whkh may arise out of preparation and retarding
of the Note and Deed of Trust
gv."n•-f y,ti Of1/:/ere iJ,ZtiC . (rtaGthi of etx4.5,10t/
Lender C Borrower Q1 , 3. 1,&e 4 -
lender Bov owarls"�'��f/+a'�lbei'�+1
Gins �J
Commonwealth Title Company of Garfield County, Inc.
127 E. 5th Street
Rifle, CO 81650
Phone (970) 625-3300 / Fax (970) 625-3305
1322 Grand Avenue
Glenwood Springs, CO 81601
Phone (970) 945-4444 / Fax (970) 945-4449
Date: November 24, 2015
File No. 1511056
Property Address. 7025 Highway 82, Glenwood Springs
Carrington Brown
Email: mcb0311@gmail.com
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No. 1511056
1. Effective Date: November 12, 2015 at 7:59 AM
2. Policy or Policies to be issued:
(a) ALTA OWNER POLICY (ALTA 6-17-06) N/A
Proposed Insured:
(b) ALTA LOAN POLICY (ALTA 6-17-06)
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:
Habitat for Humanity
4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and
described as follows:
See Attached Exhibit "A"
TITLE CHARGES
Informational Only Commitment Charge and Plat Review $125.00
COUNTERSIGNED: PatrCck P. 13u,rweW
Authorized Officer or Agent
American Land Title Association
Schedule A
(Rev'd 6-06)
Valid Only if Schedule B and Cover Are Attached
Issuing Agent:
Commonwealth Title Company of Garfield County, Inc.
127 East 5th Street Rifle, CO 81650
File No. 1511056
EXHIBIT "A"
Lot 3
A parcel of land situated in Lot 20 of Section 1, Township 7 South, Range 87 West of the Sixth Principal Meridian
and Lot 1 of Section 7, Township 7 South, Range 88 West of the Sixth Principal Meridian, Garfield County,
Colorado, lying southwesterly of State Highway No. 82 and northeasterly of the Union Pacific Railroad (Aspen
Branch), and being more particularly described as follows:
Commencing at the North Quarter corner of said Section 7; thence South 74°22'36" West 815.82 feet to the
POINT OF BEGINNING; thence South 28°24'42" West 80.52 feet; thence South 37°09'09" East 63.07 feet; thence
South 54°59'15" West 119.20 feet to a point on the Northeasterly right-of-way of the Union Pacific Railroad;
thence South 19°36'27" East along said Northeasterly right-of-way 261.81 feet; thence leaving said Northeasterly
right-of-way North 89°17'09" East 341.02 feet; thence North 37°28'06" West 544.11 feet to the POINT OF
BEGINNING.
ALSO KNOWN AS Lot 3 Fyrwald Exemption Plat recorded March 21,1997, as Reception No. 506023 and
Amended Fyrwald Exemption Plat recorded June 21, 1999, as Reception No. 547543.
Lot 4
A parcel of land situated in Lot 1 of Section 6 and Lot 1 of Section 7, Township 7 South, Range 88 West of the
Sixth Principal Meridian, Garfield County, Colorado, lying southwesterly of State Highway No. 82 and
northeasterly of the Union and Pacific Railroad (Aspen Branch), and being more particularly described as
follows:
Commencing at the North Quarter Corner of said Section 7; thence North 89°04'30" West 621.67 feet to a point
on the Southwesterly right-of-way line of State Highway No. 82, THE POINT OF BEGINNING; thence South
37°28'06" East along said Southwesterly right-of-way 509.31 feet; thence leaving said Southwesterly right-of-way
South 01°08'39" West 199.98 feet; thence North 88°55'51" West 89.64 feet; thence South 02°44'51" East 58.52
feet; thence South 89°17'09" West 52.11 feet; thence North 37°28'06" West 544.11 feet; thence North 28°24'42"
East 180.58; thence along the arc of a curve to the right having a radius of 100.00 feet and a central angle of
24°07'12", a distance of 42.10 feet (chord bears North 40°28'18" East 41.79 feet); thence North 52°31'54" East
64.32 feet to the POINT OF BEGINNING.
ALSO KNOWN AS Lot 4 FyrwaId Exemption Plat recorded March 21,1997, as Reception No. 506023 and
Amended Fyrwald Exemption Plat recorded June 21, 1999, as Reception No. 547543.
TOGETHER WITH that parcel conveyed to Barnett-Fyrwald Holdings, Inc. in Quit Claim Deed recorded May 2,
2002 in Book 1356 at Page 390.
EXCEPTING all access easements and utility easements shown on the Amended Fyrwald Exemption Plat
recorded June 21, 1999 as Reception No. 547543 as conveyed to Glendale Business Center Property Owners
Association and described in Quit Claim Deed recorded May 14, 2008 as Reception No. 748524.
Commonwealth Title Company of Garfield County, Inc.
127 E. 5th Street
Rifle, CO 81650
Phone (970) 625-3300 / Fax (970) 625-3305
1322 Grand Avenue
Glenwood Springs, CO 81601
Phone (970) 945-4444 / Fax (970) 945-4449
Date: November 24, 2015
File No. 1511056
Property Address. 7025 Highway 82, Glenwood Springs
Carrington Brown
Email: mcb0311®gmail.com
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No. 1511056
1. Effective Date: November 12, 2015 at 7:59 AM
2. Policy or Policies to be issued:
(a) ALTA OWNER POLICY (ALTA 6-17-06) N/A
Proposed Insured:
(b) ALTA LOAN POLICY (ALTA 6-17-06)
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:
Habitat for Humanity
4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and
described as follows:
See Attached Exhibit "A"
TITLE CHARGES
Informational Only Commitment Charge and Plat Review $125.00
COUNTERSIGNED: Pate-Cck/ P. 3 t tarwel&
Authorized Officer or Agent
American Land Title Association
Schedule A
(Rev'd 6-06)
Valid Only if Schedule B and Cover Are Attached
Issuing Agent:
Commonwealth Title Company of Garfield County, Inc.
127 East 5th Street Rifle, CO 81650
File No. 1511056
EXHIBIT "A"
Lot 3
A parcel of land situated in Lot 20 of Section 1, Township 7 South, Range 87 West of the Sixth Principal Meridian
and Lot 1 of Section 7, Township '7 South, Range 88 West of the Sixth Principal Meridian, Garfield County,
Colorado, lying southwesterly of State Highway No. 82 and northeasterly of the Union Pacific Railroad (Aspen
Branch), and being more particularly described as follows:
Commencing at the North Quarter corner of said Section 7; thence South 74°22'36" West 815.82 feet to the
POINT OF BEGINNING; thence South 28°24'42" West 80.52 feet; thence South 37°09'09" East 63.07 feet; thence
South 54°59'15" West 119.20 feet to a point on the Northeasterly right-of-way of the Union Pacific Railroad;
thence South 19°36'27" East along said Northeasterly right-of-way 261.81 feet; thence leaving said Northeasterly
right-of-way North 89°17'09" East 341.02 feet; thence North 37°28'06" West 544.11 feet to the POINT OF
BEGINNING.
ALSO KNOWN AS Lot 3 Fyrwald Exemption Plat recorded March 21,1997, as Reception No. 506023 and
Amended Fyrwald Exemption Plat recorded June 21, 1999, as Reception No. 547543.
Lot 4
A parcel of land situated in Lot 1 of Section 6 and Lot 1 of Section 7, Township 7 South, Range 88 West of the
Sixth Principal Meridian, Garfield County, Colorado, lying southwesterly of State Highway No. 82 and
northeasterly of the Union and Pacific Railroad (Aspen Branch), and being more particularly described as
follows:
Commencing at the North Quarter Corner of said Section 7; thence North 89°04'30" West 621.67 feet to a point
on the Southwesterly right-of-way line of State Highway No. 82, THE POINT OF BEGINNING; thence South
37°28'06" East along said Southwesterly right-of-way 509.31 feet; thence leaving said Southwesterly right-of-way
South 01°08'39" West 199.98 feet; thence North 88°55'5P' West 89.64 feet; thence South 02°44'51" East 58.52
feet; thence South 89°17'09" West 52.11 feet; thence North 37°28'06" West 544.11 feet; thence North 28°24'42"
East 180.58; thence along the arc of a curve to the right having a radius of 100.00 feet and a central angle of
24°07'12", a distance of 42.10 feet (chord bears North 40°28'18" East 41.79 feet); thence North 52°31'54" East
64.32 feet to the POINT OF BEGINNING.
ALSO KNOWN AS Lot 4 Fyrwald Exemption Plat recorded March 21,1997, as Reception No. 506023 and
Amended Fyrwald Exemption Plat recorded June 21, 1999, as Reception No. 547543.
TOGETHER WITH that parcel conveyed to Barnett-Fyrwald Holdings, Inc. in Quit Claim Deed recorded May 2,
2002 in Book 1356 at Page 390.
EXCEPTING all access easements and utility easements shown on the Amended Fyrwald Exemption Plat
recorded June 21, 1999 as Reception No. 547543 as conveyed to Glendale Business Center Property Owners
Association and described in Quit Claim Deed recorded May 14, 2008 as Reception No. 748524.
File No. 1511056
SCHEDULE B - SECTION 1
The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument
recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise
noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located.
1. This is an informational only commitment and no policy will be issued hereunder.
NM 6
American Land Title Association Commitment
Schedule B - Section 1 - Form 1004-5
DISCLOSURES
Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph F provides: "Whenever a title entity provides the closing and
settlement service that is in conjunction with the issuance of an owner's policy of title insurance, it shall update the title
commitment from the date of issuance to be as reasonably close to the time of closing as permitted by the real estate records. Such
update shall include all impairments of record at the time of closing or as close thereto as permitted by the real estate records. The
title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title
commitment, other than the effective date of the title commitment, for all undisclosed matters that appear of record prior to the
time of closing." Provided Commonwealth Title insurance Company of Garfield County, Inc. conducts the closing of the insured
transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the
Owner's Title Policy and the Lenders Policy when issued.
NOTE: Exception No. 4 of Schedule B - Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder
upon compliance with the following conditions: A. The land described in Schedule A of this Commitment must be a single family
residence, which includes a condominium or townhouse unit. B. No labor or materials may have been furnished by mechanics or
materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The
Company must receive appropriate affidavits indemnifying the Company against all unfiled mechanic's and materialmen's liens. D.
Any deviation from conditions A through C above is subject to such additional requirements or information as the Company may
deem necessary; or, at its option, the Company may refuse to delete the exception. No coverage will be given under any
circumstances for labor or material for which the insured has contracted for or agreed to pay.
Pursuant to C.R.S. §10-11-122, notice is hereby given that:
A) The subject real property may be located in a special taxing district.
B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent.
C) The 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.
C.R.S. 530-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top
margin of at least one inch and a left, right, and bottom margin of at least one half of an inch. The clerk and recorder may refuse to
record or file any document that does not conform.
Pursuant to C.R.S. §10-11-123, notice is hereby given:
This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule
B, Section 2.
A) That there is recorded evidence that a mineral estate has been severed, (eased, or otherwise conveyed from the surface estate
and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy
in the property; and
B) That such mineral estate may include the right to enter and use the property without the surface owner's permission.
If the transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the
disclosure/withholding provisions of C.R.S. 539-22-604.5 (Nonresident withholding).
Pursuant to C.R.S. 538-35-125(2), no person or entity that provides closing and settlement services for a real estate transaction shall
disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a
matter of right.
C.R.S. 539-14-102 requires that a real property transfer declaration accompany any conveyance document presented for
recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee.
Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not
necessarily the same as the property address) be included on the face of the deed to be recorded.
File No. 1511056
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. 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. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record.
9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the
premises hereby granted 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 August 28, 1894 in Book 32 at Page 25.
(view)
10. 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 17, 1897 in Book 12 at Page 460.
(view)
11. Easement and right of way for ditch being 25 feet in width as granted to the Glenwood Irrigation Company by document recorded June 17,
1901 in Book 44 at Page 457.
(view)
12. Undivided one-half interest in any and all oil, gas and other minerals on or under the subject property, together with the right to prospect
for, mine and remove the same as reserved by Josephine Coryell in the Deed to Lloyd N. Colton recorded December 28, 1965 in Book 372
at Page 175, and any and all interests therein or assignments thereof.
(view)
13. Easement and right of way for a twelve inch corrugated pipe line as set forth in Deed recorded July 18, 1940 in Book 199 at Page 255.
(view)
(Continued)
NOTE: EXCEPTIONS) N/A WILL NOT APPEAR IN THEPOLICY 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 1, (2) Unpatented mining claims; reservations or exceptions in patents or in
Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales.
NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company.
Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction.
American Land Title Association Commitment
Schedule B - Section 2
Form 1004-12
File No. 1511056
SCHEDULE B - SECTION 2
(Continued)
14. Easement and right of way for a twelve inch corrugated pipe line as set forth in Deed recorded January 13, 1960 in Book 322 at Page 533.
(view)
15. Terms, conditions, restrictions, reservations, provisions and obligations of License Agreement by and between Rocky Mountain Natural
Gas Company, Inc. and Mountain States Telephone and Telegraph company recorded July 5, 1972 in Book 432 at Page 536.
(view)
16. Encroachment of buildings and mobile home onto railroad right of way, encroachment of fence and possessory rights outside of fence an
all matters as shown on Survey prepared by High Country Engineering, Inc. as File No. 95619.01, dated March 6, 1995 as evidenced by
Warranty Deed recorded April 4, 1995 in Book 936 at Page 75.
(view)
17. Terms, conditions and all matters set forth in unrecorded Lease Agreement, Lease No. 17638 and all easements, rights of way as evidenced
by Amended Fynvald Exemption Plat recorded June 26, 1999 as Reception No. 547543.
fljew)
18. Encroachment of buildings and mobile home onto railroad right of way, apparent easement for utility lines, easements, possessory rights
outside of fences, encroachment and all matters shown on the Amended Fynvald Exemption Plat recorded June 26, 1999 as Reception No.
547543.
(view)
19. Terms, conditions and all matters set forth in Trench, Condiut and Vault Agreement recorded May 19, 2000 in Book 1188 at Page 335.
(view)
20. Terms, conditions, rights, obligations, restrictions and all matters set forth in Agreement recorded May 20, 2002 in Book 1356 at Page 375.
(view)
21. Covenants, conditions, restrictions, obligations and all matters set forth in Amended Declaration recorded May 14, 2008 as Reception No.
748523.
view)
22. All water and water rights, ditch and ditch rights, well and well rights, reservoirs and reservoir rights, and non -tributary water rights,
including all wells, pumps, casings, headgates, pipelines, facilities, easements and rights-of-way appurtenant thereto, and which are used
upon, are benefitting or are appurtenant to the subject parcel conveyed to Glendale Business Center Property Owners Association in Quit
Claim Deed recorded March 31, 2007 as Reception No. 718916.
(view)
23. Each and every right of access to Highway 82, except as may be provided pursuant to a sufficient License or Agreement with Colorado
Department of Transportation.
24. Apparent easement for overhead utilities, any loss, claim or damage due to the location of fence and all matters show on Improvement
Survey prepared by High Country Engineering, Inc. dated July 24, 2007, File 1729-00.
COMMONWEALTH TITLE COMPANY PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that
you may be concerned about what we will do with such information - particularly any personal or financial information. We agree
that you have a right to know how we will utilize the personal information you provide to us. Therefore, we have adopted this Privacy
Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use
information we have obtained from any other source, such as information obtained from a public record or from another person or
entity.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
• Information we receive from you on applications, forms and in other communications to us, whether in writing, in person,
by telephone or any other means.
• Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request infonnation from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party.
Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or
service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the
period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality
control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or
more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and
casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal
companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as
described above to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other
financial institutions with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to
nonpublic personal information about you to those individuals and entities who need to know that information to provide products or
services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic and procedural safeguards
that comply with federal regulations to guard your nonpublic personal information.