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Home My WebLink About1.0 ApplicationDecember 18.2014 RED HOUSE architecture design + build Garfield County Building Department 108 8th Street Glenwood Springs, CO 81601 Re: Bethel Party Rentals 5447 County Road 154 Glenwood Springs, CO Subject: Stowe Exemption Re -Plat Narrative Glenn: Martin Herrera of Bethel Party Rentals, and owner of Lot lin the Stowe Exemption Plat, would like to revise the plat in order to remove the somewhat nebulas parking easement that occupies the southwestern end of the property. The owner intends to construct a steel warehouse building and septic system in that area and needs the easement removed from the plat documents. There was never any conveyance of the easement. nor any written documentation describing its intended use. This application will not impact any sections of Article 7 of the Garfield County Land Use code. Thus includes public utilities, roads, wildlife, waterbodies, geologic hazards and trails. The existing parking easement that is to be removed is not required to meet the development's parking requirements. The applicant would like to request a waiver from the requirement for an improvements agreement as part of this process. Please ]et us know it you have any questions or need further information and detail_ Sincerr. rchitect.Contractor Architecture Build 815 Blake A \ enue Glenwood Springs. CO 81601 0-55 L2 i i +,In: 1 ,,,%t :I:ri ll:_: :nl„rl,l,• `4' + .a cum December 18, 2014 RED HOUSE architecture design + build Garfield County Building Department 108 81h Street Glenwood Springs, CO 81601 Re: Bethel Party Rentals 5447 County Road 154 Glenwood Springs, CO Subject: Neighboring Addresses Wayne and Susan Rudd 132 Park Avenue Basalt, CO 81621-9338 Rudd Limited Liability Company 132 Park Avenue Basalt, CO 81621 Tap Land Company LLP PO Box 1128 Carbondale, CO 81623 Arrie M Shaw Revocable Trust 55 Coryell Ridge Road Glenwood Springs, CO 81601 Gaile and Jeanette Steckel 314 Coryell Ridge Road Glenwood Springs, CO 81601-9669 Lucky and Good LLC 252 Coryell Ridge Road Glenwood Springs, CO 81601 Henry Thomas Willison Trust/Linda Lee Trust 344 Coryell Ridge Road Glenwood Springs, CO 81601 815 bloke avenue glenwood springs Colorado 816101 p 970 945 8240 r 970 947 9137 www red1 ousearchleecmre.com December 18, 2014 Alice Bell 228 Coryell Ridge Road Glenwood Springs, CO 81601-9602 H Lazy F Mini Storage LLC 5317 County Road 154, Ste 201 Glenwood Springs, CO 81601 JLB Companies LLC 7086 S. Highland Drive #250 Salt Lake City, UT 84121 Lucy M Cordova PO Box 94 Fort Garland, CO 81133-0094 Roaring Fork Transportation Authority 530 East Main Street Aspen, CO 81611 Cory Adams LLC 333 Lions Ridge Road Carbondale, CO 81623 H Lazy F LLC PO Box 185 Carbondale, CO 81623 John Stowe PO Box 1975 Glenwood Springs, CO 81602 Karen M Stowe 1801 Ouray Road Glenwood Springs, CO 81601 Board of County Commissioners, Garfield County 108 81h Street Glenwood Springs, CO 81601 0755 L3 815 bloke avenue glen wood springs colorado 816101 p 970 945 8240 f 970 947 9137 www.rcdhausearchitecture com Glenn Hartmann From: Bruce Barth[bruce@redhousearchitecture.com] Sent: Friday, February 13, 2015 9:55 AM To: Glenn Hartmann Subject: mineral rights - BPR Glenn — I researched the mineral rights for the Bethel Party Rental property at 5447 County 154 Road at the County Assessor's office and the County Clerk and Recorder's office. I delivered to you the information that was on file with regards to the deeds on the property. There was one mineral right (account #R111368) on file for Section 1, Township 7, Range 89. The data at the Assessor's office said this claim was inactive and closed due to insufficient documentation. There were no recordings and no address associated with the name on file. Thanks, Bruce 1 81)01468 PAGE 588 Re wdea Reception No�..2 220 FEB 31975 --Recorder. THIS DEED, Made thin 2'?I day of -moi Aa t7ll R tl 19 75 , between CHARLES E. CORYELL, a.k.a. C. E. CORYELL, a single person; PATRICK B. CORYELL and ADELINE CORYELL, husband and wife; CHARLES R. CORYELL and JOAN CORYELL, husband and wife, of the County of Garfield and State of ' Colorado, of the first part, and RECORDER'S STAMP FEB =3 1975 MN WALTER A. STOWE and DELORES A. STOWE of the County of Garfield and State of Colorado, of the second part: WITNESSETH, that the said parties of the first part, for and in conatder'ation of the rum of TEN DOLLARS AND OTHER VALUABLE CONSIDERATION NXiGXXiii to the said partiesof the first part in band paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, have granted, bargained. sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and maligns forever, not In tenancy in common but in joint tenancy, alt the following described lot or parcel of land, situate, lying and being in the County of Garfield and Stets of Colorado. to wit: A tract of land situated in Lots 20 and 21 of Section 1 in Township 7 South, Range 89 West of the 6th Principal Meridian, lying Easterly of the Easterly line of a 20 foot roadway and Westerly of the Westerly line of a 20 foot roadway, as con- structed and in place, described as follows: Beginning at a point on the Westerly line of said 20 foot roadway whence an iron post with a brass cap set in glace and.. properly marked for the Southeast Corner of Lot 36 in said Section 1 bears N. 87°34'16" E. 932.27 feet; thence S. 02°32'00" E.,4.20 feet along the Westerly line of said roadway; thence S. 17°00'00" E. 86.23 feet along the Westerly line of said roadway; thence S. 18°38'00" E. 109.74 feet along the Westerly line of said roadway; thence S. 04°41'00" E. 101.45 feet along the Westerly line of said roadway; thence 5. 15°10'00" E. 78.09 feet along the Westerly line of said roadway; thence S. 00°17'00" E. 41.05 feet along the Westerly line of said roadway; thence S: 05°43'20" W. 44.40 feet along the Westerly line of said roadway; thence S. 88°26'01" W: 115:85 feet -to a point on the Easterly line of said 20 foot roadway; thence N. 06°13'49" W. 115.73 feet along the Easterly line of said roadway; thence N. 29°42'12" W. 82.41 feet along the Easterly line of said roadway; thence N. 44°08'24" W. 65.48 feet along the Easterly line of said roadway;.thence N. 62°16'10" W. 56.50 feet along the Easterly line of said roadway; thence N. 86°49113" W. 30.84 feet along the Easterly line of said roadway; thence • N. 09°02'12" W. 205.86 feet; thence'S. 87°47'00" E. 243.17 feet to a point on the Westerly line of said roadway, the point of beginning, containing 2.04 acres, more or less. Together with an easement over and across existing easements, rights of way and roadways for access purposes from the above "described property to old State Highway No.. R2. TOGhl'WJ,t1 with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said pariieS of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenadces. • No. 768. WARRAhTT DEED—T.JalntTamola.—ar dtwd Prbllehinr Ca. 111414 Stant Stmt. Warr, Colorado -7.7 B00K468 PAGE 589 • TO HAVE AND TO HOLD the mild premises above bargained and described, with the appurtenances; unto the said parties of the secoqdkvAsitt their heirs and assigns forever. And the said part ies of the first part, fdr them selves , / tieirs, executors, and administrabars, do covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the enaealing and delivery of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and.indefeasible estate of inheritance in law, in fee simple, and ha ve good right, full power and Iawful authority to grant, bargain, eell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, males, liens, taxes, assessments and incumbrances of whatever kind or nature, aoever, except 1975 general property taxes, U.S..Patent reservations and exceptions, easements and rights of way of a public or private nature including, but not exclusively, those for roads, ditches and power lines, building, zoning and other governmental rules and regulations and Charles E. Coryell, a.k.a. C. E. Coryell, Patrick B. Coryell and Charles R. Coryell hereby reserve an undivided one- half interest in all oil, gas and other minerals in, on or under the above described property, together with the right to prospect for, mine and remove the same, and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said parties of the first port shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said parties of the first part hare hereunto set their hand s and seal s the day and year first above written. 11 .ed,Cceled ILA D Iiy ee I;n ti.,. I1e..ct...e Ch iws r7 -co / t5 12lope 1rU€g"band�'�a�rdT') 041-4 G�7 6 3da Cory`efi wife"' • WEAL) STATE OF COLORADO, County of Garfield -c '- 3V ry t'•' fU , '•. :Par b�f6iitaref pawn or paeans here Insert name or nasal If by moons meting le representative or official capacity or as attersechin tact. thou !wart name of MEM aa areenIer. attaraairindaet or other repack/ or &BarletJon i u bf' officer of corporation, thea lust an et cath officer or officers. as the president er other officers of mush corporation, naming it 33. i 151;27g [SEAL] oEperson 'a�le'po ! 1'1 k"-'13- • I, ilffigballintlra de -g e. , l 't t. LE.- [SEAL] Wine 'Cory -W. TIM ltt 1 b aremeUItaa �}2�y'7 g da ar O1 ' r, "II iii 'l. eSBA I7 N oW±p d and official seal A.t111A 1t ATI2ICK Notary Public. E r CI 01 r ekt € z 01 t Z C� € g z A ¢ STATE OF COLO I 1 3 c € E 2 i3 g E; a w 0 07 Book 418 Page 42 Recorded at...10.1-Q........,o'elockc 4.2.- M., March 244 1921 .. pion No 249280 Ella Stephens er THIS DEED, Made this 22nd 1971, between day of March JOSEPHINE CORYELL of the County of Garfield and Stats of Colorado, of the first part, and WALTER A. STOWE and DELORES A. STOWE RECORDER'S STAMP MAME OOCU1flt TARY FIE MAR 2.4 1971 of the County of Garfield and State of Colorado, of the second part: WITNESSETH, that the said part y of the first part, for and in consideration of the sum of TEN DOLLARS AND OTHER VALUABLE CONSIDERATION ---- to the said part y of the first part In hand paid by the said parties of the aecpnd part, the receipt whereof is hereby confessed and acknowledged, ha s granted, bargained, sold and conveyed, and by these presents des grant, bargain, sell, convey and confirm unto the said parties of the second pari, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described Iot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to wit: A tract of land situated in Lots 18, 20 and 21 of Section 1 all in T. 7 S., R. 89 W. of the 6th P.M. described as follows: Beginning at a point whence an iron post with a brass cap set in place and properly marked for the SE Corner of Lot 36 in said Section 1 bears S. 82°28'32" E. 1214.97 feet; thence S. 87°47'00" E. 263.08 feet; thence S. 01°14'00" W. 101.10 feet; thence S. 87°06'00" E. 28.63 feet to a point on the Easterly line of a 20 foot road easement; thence S. 02°32'00" E. 86.77 feet along the Easterly line of said 20 foot road easement; thence N. 87°47'00" W. 263.24 feet; thence N. 09°02'12" W. 191.58 feet to the point of beginning. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part y of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said part y of the first part, for her self , her hairs, executors, and administrators do es covenant, grant, bargain and agree to and with the said parties of the second part, their hairs and assigns, that at the time of the ensealing and delivery of these pres- ents she is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in Iaw, in fee simple, and ha S good right, full power and lawful authority to grant, bar- gain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, ba bargain , sales, !t0 taxes kind assessments and encumbrances of whatever or nature soever, except andsubjectgeneral property taxes, U.S. Patent reservations and exceptions, any and ail easements and rights of way of a public or private nature, and hereby reserving to seller an undivided 1/2 interest in and to all oil, gas and other minerals in, on or under the above described property, together with the right to prospect for, mine and remove the same, and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, against a]1 and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said party of the first part has hereunto set her hand and seal the day and year first above written. Signed, Sealed and Delivered in the Presence of STATE OF COLORADO, County of Garfield }ss. 19o—aeL• WJo 6phine Coryell [SEAL] ................................ �..^._.....»...._._...._...... .[SEAL] The foregoing instrument was acknowledged before me this 19, 74.b.# JOSEPHINE CORYELL. :. ......... . .. t • My combvssion expires til'• Q � " • � �, 2 2nd 4975'. Witness my hanfr • ti C� ibl`. Notary Public. No▪ .° X927. WARRANTY DEER --To Joint Teaonls.—Bradford Publishing Co.. 1221 Stout Street, Denser, a-6-69 -, •If byaatural person or persons here insert name or names; if by person acting is repr ntati or arias! capacity or as attorney-in-fact, then Insert name of person as executor, atttoraey-In-tact or other capacity or iescri Lion; if by ofaleer of car- ',oration, or- ', ion, then insert rStt name a e- of such Officer ffdic r wised Statutes he1rodent or other officers of auoh corporation, naming it Statutory day of March, cial seal. i e Soak 418 Page 43 1111 IPA tiltiN14, t11 7,F/ 3r111Lhit1V Ltiltii Reccpt'emu • 850227 r1 1. r C] :] c 'n Jrr alsrc• [-c r Rs. ra. f•sec. re. 1 iii) raP.F:F 41'Y 1.0 STATEMENT OF AUTHORITY Pursuant to R.5. §38-30-172, the undersigned executes this Statement of Authority on g:- tiled F4i l- Rti ni-n ` s, inc. , a z - t _r r cor • • liability company,general partnership, registered Limited liability partnership, regis ered limited partnership, limited partnership association, government agency, trust or other), than an Individual, capable of holding title ttoo real property the "Entity"), and states as f The name of the Entity is . . }'i �l -REtlill1 S roc., and is formed under the laws of The mailing address for the Entity is ited ility her The name and/or position of the person authorized to execute instruments conveying, e otherwise of cting title to real • roperty on behalf of the Entity is ti or The limitations upon the authority of the person named above or holding the position d to bind the Entity are as follows (if no limitations, insert "None"): Other matters concerning the mariner in which the Entity deals with any interest in real no other matter, leave this section blank): EXECUTED this 13 days .30.1.11.1 ark 20 l,i;- .o ) Signature: Name (printed): Act I Title (if any): ,art, ! 0f. Jvi•e.r Herreta STATE OF COUNTY OF The foregoing instruf ent was acknowledged before me this day of by 1-1r �-i n . , H r' ir''e rn on behalf of - Liv, li -- l t. )11 1r`I+ijirlii.) Wit,,ess my hand a offs a- seal My co; m ssion ex,_ ARMINDA. EI'.(! 1CMi'•Iri Ince• :rLlr�'` SEA_I �r ti r;"' 1 iU =!' -. S -IL :.; ;' j r.y ,asrirl3•.rrrl _'r ils1 1012 I,== _ pa-_ °Not • mil roam"LwGu Prhlfi'1'oc1 iF�sI11�Y1 �,t�, �I II I Reeept i ontt : 846761 02,2012014 04 11 t0 PM Jean Fllberice 1 of 2 Rec Fee S16 00 Doc Fee 0 00 GARFIELD COUNTY CO QUIT CLAIM DEED Alpine Bank, for the consideration of Ten Dollars and other good and valuable consider- ation, in hand paid, hereby sells and quit claims to Bethel Party Rentals, Inc., whose address is 5396 County Road 154, #3, Glenwood Springs, CO 81601, all right, title and interest it may have in and to any water rights, including, without limitation, the Stowe Well, decreed in Case No. W-1798, District Court in and for Water Division No. 5, and permitted as Colorado Division of Water Resources Well Permit No. 34292, appurtenant to the following real property in the County of Garfield, State of Colorado, to wit: A parcel of land situated in Lots 18, 20, 21, and 36 of Section 1, Township 7 South, Range 89 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, said parcel being more particularly described as follows: Commencing at the Witness Comer to the Northwest Corner of Lot 36, Section 1 with a brass cap found In place and properly marked (whence the true Northwest Corner bears S. 01 degrees 11'05" W. 10.00 feet); thence S. 40 degrees 47'07" W 411.12 feet to a point on the northerly line of a parcel of land recorded as Reception No. 249280 in the Garfield County Clerk and Recorders Office; thence S. 87 degrees 4T00" E. along said line 112.03 feet to the True Point of Beginning; thence S. 87 degrees 47'00" E. 150.08 feet; thence S. 87 degrees 47'00" E 28.66 feet to a point situated on a line 50.00 feet southwesterly of and parallel with the Southwesterly right of way line of the Denver and Rio Grande Westem Railroad; thence along said parallel line along the arc of a curve to the right having a radius of 1760.08 feet and a central angle of 02 degrees 13132", a distance of 68.37 feet (chord bears S. 22 degrees 19'53" E. 68.37 feet); thence leaving said line S. 03 degrees 15'00" W. (bounded on the east by Reception No. 261923) 39.58 feet; thence N. 87 degrees 06'00" W. 0.11 feet; thence S. 02 degrees 32'00" E. (bounded on the east by Reception No. 261923) 81.26 feet; thence S. 17 degrees 00'00" E. (bounded on the east by Reception No. 261923) 79.94 feet; thence S. 18 degrees 38'00" E. (bounded on the east by Reception No. 261923) 20.00 feet; thence S. 84 degrees 24'20" W. thence S. 88 degrees 59'26" W. thence S. 00 degrees 04'46" W. thence N. 62 degrees 16'10" W. thence N. 86 degrees 49'13" W. thence N. 09 degrees 02'12" W. 78.19 feet; 126.34 feet; 120.10 feet; 56.50 feet; 30.84 feet; 333.40 feet; cod arc-- t`S GnlQn.u_.nod S pri n55 Cro' lcod I . 1111 FANO Ik OId 1klk1311511101.Igi ii 11111 Receptiontt: 846761 02/2812014 04 11 18 PM Jean Albertoo 2 of 2 Roo Fee $16 00 Doc Foe 0 00 GARFIELD COUNTY CO thence S. 80 degrees 40'12" E. 99.97 feet along the south line of Resolution No. 80- 151; thence along the easterly line of said Resolution the following seven (7) courses: 1.) N. 09 degrees 19'48" E. 4.00 feet; 2.) N. 39 degrees 35'11" E. 6.95 feet; 3.) S. 80 degrees 40112" E. 25.08 feet; 4.) N. 09 degrees 19'48" E. 27.38 feet; 5.) N. 87 degrees 47'00" W. 28.00 feet; 6.) N. 47 degrees 52'32" W. 6.08 feet; 7.) N. 02 degrees 13'00" E. 37.74 feet to the True Point of Beginning. County of Garfield, State of Colorado. Said Parcel is sometimes described as: Parcel 1 Stowe Exemption, as Amended. also known by street and number as 5447 County Road 154, Glenwood Springs, CO 81601. DATED this tl ? day of f'r I' u.ox , , 2014. ALPINE BANK STATE OF COLORADO COUNTY OF GARFIELD ) )ss. ) By: Subscribed, sworn to, and acknowledged before me this -1 day of rre reuxt.r,.J 2014, by K . WilSfsln as or\Act_ Prtd .) S,of Alpine Bank. Witness my hand and official seal. My commission expires: ' i r ctaJ-k iD d rY . Notary Public LINDA GABOSSI NOTARY PUBLIC STATE OF COLORADO NOTARY ID #18394007523 My Commission Expires May 23, 2017 File No. 1310021-3 SCHEDULE B - SECTION 2 Schedule B of the Policy or Policies to he issued will contain exceptions to the following matters unless the same arc disposed of to the satisfaction of the company: I. Rights or claims of parties in possession not shown by the Public record,. Note: This exception will be deleted on the final policy upon compliance with the requirements herein. Easements, or claims of easements, not shown by the public records. Note: This exception will be deleted on the final policy upon compliance with the requirements herein. 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. Note: This exception will be deleted on the final policy upon compliance with the requirements herein. 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. Note: Exception No. 4 will be deleted upon receipt of Final Affidavits and Agreements indemnifying the Company against unified mechanic's and materialmen's liens. 1. 5. Defects, liens, encumbrances, adverse claims or other matter;:, 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. Note: Exception 5 will be deleted on the final policy if Commonwealth Title Company of Garfield County, Inc. closes the proposed transaction and records the applicable instruments of conveyance. 6. Any and all unpaid taxes, assessment; and unredeemed it sales, Note: Exception 6 will read: "General taxes and assessments for the year 2013 and thereafter, not yet due and payable." on the final policy if Commonwealth Title Company of Garfield County, Inc. closes the proposed transaction. 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 nay 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 and December 14, 1961 in Book 338 at Page 126. 10. Reservation ofan undivided 1:2 interest in and to all oil,gas and other minerals in instrument recorded March 24, 1971 in Book 418 at Page 42 and any and all assignments thereof or interests therein 11. Reser-ration ofan undivided one-half interest in all oil. gas and other minerals in instrument recorded February 3, 1975 in Book 468 at Page 588 and any and all assignments thereof or interests therein. 12. Garfield County Resolution No. 83-327 recorded October 17, 1983 in Book 637 at Page 436 and Resolution No. 83-358 recorded December 6, 1983 in Book 639 at Page 901. 13. Terms and conditions of Well and Water Agreement recorded 1 ebruar} 9, 1995 in Book 931 at Page 208. 14. Right of way easement granted to I lot} Cross Electric Association Inc. in instrument recorded August 19. 1977 in Book 499 at Page 967. 15. Easement granted to TCI Cablevision of Colorado in instrument recorded September 22. 1993 in Book 876 at Page 252, 16. Easements. rights of way and all other matters disclosed on the Stowe Exemption Plat recorded December 12. 1983 as Reception No. 348082. 17. Right of way for ditches and canals in place and in use. 18. Any loss, claim or damage due to the location of fences. (NOTE This exception will appear on the Owner's Policy only ) NOTE: EXCEPTION(S) 1.23 AND 4 WILL NOT APPEAR IN THE OWNERS AND MORTGAGEE'S 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 13 - Section 2, the following items: (1) The Deed of Trust, lion)... required under Schedule 13- 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 accompany ing arbitration rules prior to the closing of the transaction. American Land Title Association Commitment Schedule 13- Section 2 Form 1004-12 State Documentary Fee S SPECIAL WARRANTY DEED Alpine Bank, whose address is 2020 Grand Avenue, Glenwood Springs, CO 81601, for the consideration of Six Hundred Sixty Two Thousand Five Hundred Dollars and other good and valuable consideration, in hand paid, hereby sells and conveys to Bethel Party Rentals, Inc. whose address is 5396 County Road 154, #3, Glenwood Springs, CO 81601, the following real property in the County of Garfield, State of Colorado, to wit: A parcel of land situated in Lots 18, 20, 21, and 36 of Section 1, Township 7 South. Range 89 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, said parcel being more particularly described as follows: Commencing at the Witness Corner to the Northwest Comer of Lot 36, Section 1 with a brass cap found in place and properly marked (whence the true Northwest Corner bears S. 01 degrees 11'05" W. 10.00 feet): thence S. 40 degrees 47'07" W 411.12 feet to a point on the northerly line of a parcel of land recorded as Reception No. 249280 in the Garfield County Clerk and Recorders Office; thence 5. 87 degrees 47'00" E. along said line 112.03 feet to the True Point of Beginning; thence S. 87 degrees 47'00" E. 150.08 feet; thence S. 87 degrees 47'00" E 28.66 feet to a point situated on a line 50.00 feet southwesterly of and parallel with the Southwesterly right of way line of the Denver and Rio Grande Western Railroad; thence along said parallel line along the arc of a curve to the right having a radius of 1760.08 feet and a central angle of 02 degrees 13'32', a distance of 68.37 feet (chord bears S 22 degrees 19'53" E. 68.37 feet), thence leaving said line S. 03 degrees 15'00" W. (bounded on the east by Reception No. 261923) 39.58 feet; thence N. 87 degrees 06'00" W. 0.11 feet; thence S. 02 degrees 32'00" E. (bounded on the east by Reception No. 261923) 81.26 feet; thence S. 17 degrees 00'00" E. (bounded on the east by Reception No. 261923; 79.94 feet; thence S 18 degrees 3800" E. (bounded on the east b.; ?ecept,on No. 261923`: 20.00 feet thence S 24 degrees 24'20" W 78 19 feet thence S 88 degrees 59'26" W. 126.34 feet: :hence S OC deg-ees 34'46" W 12010 feet :hence N 62 degrees 16'10' W 56.50 feet. hence N 86 degrees 49'13" W 30 84 feet thence N 09 degrees 32'12' W 333 43 'ee. File No. 1310021-3 EXHIBIT "A" A parcel of land situated in Lots 18, 20, 21 and 36 of Section 1, Township 7 South, Range 89 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, said parcel being more particularly described as follows: Commencing at the witness corner to the Northwest corner of Lot 36, Section 1 a brass cap found in place and properly marked (whence the true Northwest Corner bears South 01°11'05" West 10.00 feet); thence South 40°47'07" West 411.12 feet to a point on the northerly line of a parcel of land recorded as Reception No. 249280 in the Garfield County Clerk and Recorders office; thence South 87°47'00" East along said line 112.03 feet to the TRUE POINT OF BEGINNING; thence South 87°47'00" East 150.08 feet; thence South 87°47'00" East 28.66 feet to a point situated on a line 50.00 feet southwesterly of and parallel with the Southwesterly right of way line of the Denver and Rio Grande Western Railroad; thence along said parallel line along the arc of a curve to the right having a radius of 1760.08 feet and a central angle of 02°13'32", a distance of 68.37 feet (chord bears South 22°19'53" East 68.37 feet); thence leaving said line South 03°15'00" West (bounded on the east by Reception No. 26I923) 39.58 feet; thence North 87°06'00" West 0.11 feet; thence South 02°32'00" East (bounded on the east by Reception No. 261923) 81.26 feet; thence South 17°00'00" East (bounded on the east by Reception No. 261923) 79.94 feet; thence South I8°38'00" East (bounded on the east by Reception No. 261923) 20.00 feet; thence South 84°24'20" West 78.19 feet; thence South 88°59'26" West 12634 feet; thence South 00'04'46" West 120.10 feet; thence North 62°16'10" West 56.50 feet; thence North 86°49'13" West 30.84 feet; thence North 09°02'12" West 333.40 feet; thence South 80°40'12" East 99.97 feet along the south line of Resolution No. 80-151; thence along the easterly line of said Resolution the following seven (7) courses; 1) North 09°19'48" East 4.00 feet; 2) North 39°35'11" East 6.95 feet; 3) South 80°40'12" East 25.08 feet; 4) North 09°19'48" East 27.38 feet; 5) North 87°47'00" West 28.00 feet; 6) North 47°52'32" West 6.08 feet; 7) North 02°13'00" East 37.74 feet to the True Point of Beginning Said Parcel is sometimes described as: Parcel 1 Stowe Exemption, As Amended FILE NO. 1310021-3 FINAL AFFIDAVIT AND AGREEMENT RE: Real Estate and improvements located at 5447 County Road 154 Glenwood Springs in the County of Garfield, State o. Colorado, and more particularly described as follows, to wit {Legg: Description): See Attached Exhibit "A" SELLER AND/OR GENERAL CONTRACTOR PORTION The undersigned, Kent Wilson as Senior Vice President of Alpine Bank as the General Contractor for and/ or as Seller of the improvements on the herein described property, being first duly sworn on oath, for the purpose of inducing COMMONWEALTH LAND TITLE INSURANCE COMPANY to issue its Mortgagee's and/or Owner's Policy of Title Insurance, in connection with the property described in said Commitment, without exception as to mechanics' or other statutory liens, or any rights ttereto, where no notice of such liens or rights appear of record, does hereby make the following representations to COMMONWEALTH LAND TITLE INSURANCE COMPANY with full knowledge and intent that said company shall rely thereon: . That all persons, firms and corporations, including the General Contractor and all subcontractors who have furnished services, labor or materials used in connection with the construction of improvements on the real estate herein described, have been paid in fill. 2. That no claims have been made to the undersigned, nor is any suit now pending on behalf of any contractor, subcontractcr, laborer or materialmana, and that no chattel mortgages, conditional bills of sale, security agreements or financing statements lave been made, or are now outstanding as to any materials, appliances, fixtures, or furnishings placed upon or installed in said premises. 3. That all of the improvements constructed on the real estate herein i escribed were completed on or before IL-21•ic,1 . The undersigned further does hereby agree lo protect, defend and save harmless the mortgagee and COMMONWEALTH LAND TITLE INSURANCE COMPANY against any and all liability, loss, damage, costs and attorneys fees by reason of any claim or liens for services, labor, or materials used in connection with the construction of said improvements. Alpine B . k By. r Kent'son, Senior Vice President STATE OF Colorado COUNTY OF Garfield ) ss. By: The foregoing instrument was azknow;_dged, subscribed and s sv.'.27.1 bef:re me : n February, 27, 2;": .4 Kent Wikon as Senor V1ce President of Alpine Bank. as Seller and as General Contrac:or. WITNESS my hand and official sea:. My Commiss'on etpires. UNND.A GA.OSSi NCr.�1'r' P CF ..� cL.r3ei ,..1C, N b1 GLENWOOD SPRINGS OFFICE The Denver Center 420 Seventh Street, Suite 100 Glenwood Springs, Colorado 81601 Telephone (970) 947-1936 Facsimile (970) 947-1937 GARFIELD & HECHT, P.C. ATTORNEYS AT LAW Since 1975 www.garfieldhccht.com January 28, 20I5 David D. Smith dsmith o izarfieldhecht.com Glenn Hartmann Garfield County Community Development 108 8th Street Suite 401 Glenwood Springs. CO 8160I Re: Bethel Party Rentals land use application for 5447 CR 154 (the "Subject Property") Glenn: At your request, this correspondence traces tl'_L investigation conducted into the parking easement ("Easement`) lut.ated on the Subject Propert). The information below is provided to give context for the applicant's assertion that. the Easement was not adequately described and dedicated and therefore should not encumber the Subject Property in such a way that the land use application should be denied Or conditioned. [ his letter does not constitute a formal legal opinion by the undersigned or by Garfield & Hechl, P.C. The Stowe Subdivision Exemption was approved by the County in 1983 pursuant to Resolution 83-327. The original resolution did not reference any parking easement. The approval was amended by Resolution 83-358 to add a legal description of the Easement, but it does not contain any additional description of the purpose of the easement beyond the word "parking" nor does it contain any information about the beneficiary of the Easement. The Stowe Subdivision Exemption plat was then recorded December 12, 1983 as reception number 348082. Again it contains a legal description and visual depiction of the Easement, but the plat does not have a dedication certificate, offers no further explanation of the purpose of the easement. nor who is permitted to use it. Finally, an Amended Stowe Exemption Plat was recorded in 1989 as reception number 402248, but no additional information was provided about the Easement. Review of the County's land use case file from the 1983 approval did not reveal any additional information concerning the scope of the Easement or the intended beneficiary. The applicant obtained a title commitment from Commonwealth Title when it went under contract on the Subject Property. The commitment did not show any additional documents that would shed light on the Easement. There was no evidence of additional deeds or other legal instruments conveying the Easement to d 3rA party. Aspen • Avon • Basalt • Glenwood Springs • Rifle Printed on recycled paper GARFIELD & HECHT, P.C. Hartman January 28, 2015 Page 2 of 2 The applicant also spoke to the seller of the Subject Property, Walt Stowe, about the nature of the Easement. The seller was not able to provide any additional context for the dedication, nor any evidence of historic use of the Easement. Finally, the applicant also had a survey performed on the Subject Property prior to purchase. The survey noted the parking easement, but again did not find any evidence of formal dedication. See note 9 of the survey attached. In Colorado an express easement is valid if the parties, location, dimensions and scope, are clearly described. These requirements are to be set forth in the document that created the Easement. See Lazy Dog Ranch v. Telluray Ranch Corp. 965 P.2d 1229 (Colo. 1998). In the event that one of these reeuirenents cannot be readily' disCPrn. d_ then -one ma) look to the use (historic or otherwise) of the easement. Express easements may be dedicated by plat, deed, or separate written agreement, but the instrument must be clear concerning the dedication. Here the problem is that the document creating the Easement (namely the Stowe Exemption Plat, as Amended) does not have any dedication language indicating the intended beneficiary of the Easement Nor is the scope of the Easement clear beyond the simple demarcation that it is for "parking." The Resolutions of apprcval do not help. Looking to the use of the Easement is also of no It.lp since Cu Easernent arca: las not been used by anyone except the owner of the Subject Proper. The Easement lacks adequate dedication language, and the easement is now over 30 years old with no actual use. After your review, please do not esitat contact me with any questions. 1188159 ® Printed on recycled paper fw insyk, ur. River Bend way A_1$ 21 a V •J �fuewnH 40J tal�guF1 sieluau )IJoA flulieoa 0