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HomeMy WebLinkAbout1.1 Supplemental AppMaterialsDcccmhcr 18. 201..J. Garfield County Building Department I 08 81h Street Glenwood Springs. CO 81601 Re: Subject: Glenn: Bethel Party Rentals 5447 County Road 154 Glenwood Springs, CO Stowe Exemption Re -Plat Narrative RED HOUSE architecture design + build Martin Herrera of Bethel Party Rentals, and owner of Lot l in 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 w ould like to request a waiver from the requirement for an improvements agreement as part of this process . Please let us 1-..nov. if you ha"ve an) questi ons o r need turther information and de tai l. 8 15 Bla ke ...\ \ e nu e Gle nwood S pr ings . CO 8 160 l ' :; '.l'->..'.' t i ·1· l l " December 18 , 2014 Garfield County Building Department 108 81h Street Glenwood Springs, CO 81601 Re: Subject: Bethel Party Rentals 544 7 County Road 154 Glenwood Springs, CO Neighboring Addresses Wayne and Susan Rudd 132 Park A venue Basalt, CO 81621-9338 Rudd Limited Liability Company 132 Park A venue 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 bbkc avenue glenwood springs colorado 816!01 p 970 94S 8240 r970 947 9137 REDHOUSE architecture design + build ww w,rcdbousearchitectu rc .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 FLLC PO Box 185 Carbondale, CO 81623 John Stowe PO Box 1975 Glenwood Springs, CO 81602 Karen M Stowe 1801 Ouray Road Glenwood Springs, CO 8160 I Board of County Commissioners, Garfield County 108 81h Street Glenwood Springs, CO 8160 I 0755 L3 81 S blakc avenue glcnwood sprin~ color.ido 816IOJ p 970 9-IS 82-IO f 9709-17 9 137 www .rcdhousearchi1ecturc com Glenn Hartmann From: Sent: To: Subject: Bruce Barth [bruce@redhousearchitecture.com) Friday, February 13, 2015 9 :55 AM Glenn Hartmann 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 l " Tms DEED, MMethl• 2 '11! da1ot :rA~11A~~ ie 75 , between CHARLES E, CORYELL, a. k, a, 'c, E, CORYELL, a sinqle person1 PATRICK B, CORYELL and ADELINE CORYELL, h9sband and wife1 CHARLES R. CORYELL and JOAN CORYELL, husband and wife, ot Uie CollJltt of Garfield and State of Colorado, of the tint put, and WAL1ER A. STOWE and DELORES A. STOWE RBCORDBR'S STAMP 11111--11 FEB 31975 I if! I:: -::: ohho ComttJ ot Garfield and State of Colorado, of tho HC!Ond part: WITNESSETH, that the nld pa?d.es ot the 1lnt part, t11r and In cantlderatlon ot tile .-um of TEN DOLLARS AND OTHER VALUABLE CONSIDERATION--------------~J661K~ to the Aid patieSo.f the flnt ~ill hand paid bJ th• aid partfu of the aconcl part, the reee.lpt whenot la hereby c:onf-d and acbawleqtd, have cranted, barplned, Hid an4 con••7ed. aod bJ tbae pruenta do annt, barp1n, ..U, ~"7 and coatlnll wato the .:.W partla of the ~ pert, their liein and ualsm !-er, not In tenaney In eommllll bat In joint tenanc1, all the f11Uowil!fl' delttibed lclt or paieel Of l~nd, altuata, )Jlnir end belntt In the Count1 of Garfield and State Qf Colorado, to wit: . . A tract of land situated in Lots 20 and 21 of ~ection l in Township 7 South, Range 89 West 9f 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 pla~e, described as follows: · Begiiining at a point on the W~sterly line of said 20 foot roadway whence an iron post with a brass cap set in 'place and.properly marked for the Southeast Corner of Lot 36 in said section l bears N. 87°34'16" E. 932.27 feet; thence s. (>2°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" B. 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 s. 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 alo!lg the Westerly line of said roadway 1 ,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. 65l48 feet along the Easterly line of said roadw~y; .th~nce N. 62°16'10" w. 56.50 feet along the Easterly line of said roadway; thence N. 86°49.'13" w. 30.8:4. feet along the Eaaterly 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 ~n easement over ~d acrQSS existing easements, rights of way and roadways for access purposes from the above ·described property to old State Highway No, a2. TOGETBER with DU and alnt'\llar the heredlt:unenta &Del app11rtanancu there11nto belclnsing, or hi anywise 11ppe:talnlng, And tho :nTenicm and reYeniont, rtmalllder and remalnden, tuts, laauu aod pro!lta thettof; and" all the estate, right, title, Interest, eia1m and demand "hataooYer of th~ aid partles of the first part, either In law or equity, ot, ln 1111d to the aboYe barplned prem!Ht, with the heredltamenb and appu.rten&llces. Ne. '168. "ll'AKRAHTT Dl:l:D-T• Jelot T••••ll.-Br .. Cord Pallllohllla Co.. HJ4·H S""'t lllftt, .,,,, .. ,, Colo~n -. 600K468 P~GE 589 TO HAVE .AND TO HOLD the said premise& above barp!n~d lUld deacribed, with the pppurtenanc~; unto the 1:1ld part!e!I of tbe 1eco~il'i\. their he.In and uslps !o~er. Anli the aald part ies of tbe !lr;s,~ part, frJr them . aelVes , / '!ietra, executors, and adm!nistraton, do covena11t, grant, i>aJ'pln and ai:ree to and with the a:ald parties o! the aecond part, their heirs ILlld aai1gns, tho.t at tbo time of the en•eallnB' and d~lvery o! these pnsenu, they are well sel:ed o! the premises above conveyed, as of good, sure, perfect, absalute :md.!nddeaalble esla.te o! Inheritance Jn law, In f.e simple, and ha ve good :right, full power and lawful autbo:rity . to grant, bargain, sell and convey the ..me Jn manner and farm aforesaid, and that the same are free and clear from all former and other granu, bargains, aales, liens, taxes, aJHUD1enta and !ncumbrancea ot whlltevcr kind or na.ture, saever, except 1975 general property taxes, U •. s .. Pateni; 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 barplned pranlaes in the quiet and peaeellble pos1es1lon of the said parties of the second pmt, thmr he!ra and uslga1, against all and ~ery person or persons lawfully claimlnr or to claim the whole or any pllrl thereof, the said parties of the fll'lt pmt lhall and will W .ARRANT AND FOREVER DEFEND. JN WITNESS WBBR.EOF, the said parties of the first part hare hereunto 1et their hand s mid eeal S the day and 7ear first above written. ' i I I I ! • i I ! i l I 0 "' J ' I I I I I I I ! ' ; I ~ l j ! 1 1 I I j~ I! ! i I ~ i I I I I I i i i ' I I I i j I i I ! I~ l .s if ~~ ~ I , l I I I ! I t l~ IJ i .!! ! .. ·H I .. ij E ~ l 5 ' en •, . Book 418 Page 42 Bee~rdec1 .uO.;..;L.Q __ .o•c1oc:Jc.J~.,.-11 ••.. J:f2.!"£:h 24_. __ l.9Jl. __ _ Reception No_?49280 ___ ------~l!_!. St ~p~e!iS 1 Recorder. RECORDBR'S ST.AMP Tms DEm, Madethla 22nd day of March 19 71• betwe.en JOSEPHINE CORYELL sun UDCllWIURY m .-. . '-MA~&\J97f ;, of the County of Garfield and State of Colorado, of the :firat part, and WALTER A. STOWE and DELORES A. STOWE of the Coun~ of Garfield and State of Colon.do, of the aecond part: WITNESSETH, that the said part Y of the fint part, for and in eonsiderati~n of the sum of TEN DOLLARS AND OTHER VALUABLE CONSIDERATION ---~--------~--~ to the said part y of the first part In hand paid bT the aald partfea of the aecpnd part, the receipt whereof la hereby confessed and acknowledged, ha s cranted, barirained, aold and conveyed, 1lnd by these presents does grant, bargain, sell, convey and confirm nnto the aai.d parties of the second part, ~air heirs and uaiirns :forever, not in tenancy in common but in joint tenancy, all the :following de.scribed lot or parcl!l o£ Jand, situate, lying and bein&'iD tho County of Garfield and State of cojorado, to wit: A tract of land situated in Lots lB, 20 and 2l of Section 1 all in T. 7 s., R. 89 w. of the 6th P.M. desc~ibed as follows: Beginning at a point whence an 1ron post with a brass cap set in place and properly marked for the SE Corner of Lot 36 in said Section 1 bears s. a2°2·9•32 11 E. 1214.97 feet; thence s. B7°47'00n E. 263.08 feet; thence s. 01°14'00" w. 101.lQ feet; thence s. 87°06 1 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 hereditamenta and appurtenancea tb~eunto belonging, or in anr;riae appertaining, the reversion and reversions, remainder and remainders, rents, issuea and profits thereof; and all the estate. right, title, interest, claim. and demand whatsoever of the said part y Qf the fint part, eiEher in Jaw or equity, of, in and to the above bargained premiles, with the hereditamenta and applU"tenances. TO HA VE AND TO HOLD the said premises above bargained and descrlbed, witl) the appurtianuces, unto the said parties of the second part, their heirs and assirns forever • .And the said pa.rt y of the fir11t part, for her self , her heirs, executors, and odminiatratora do es covenant, grant, bargain and aeree to and with the said p&l'tiea of the second part, their heirs and autrns, 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 Jaw, in fee simple, and ha S good right, full power and !awful authorit}' to irrant, 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, bargains, sales, liens, tax~ assessments and encumbrancea of whatever kind or naf:ttr~ soever, except and subJect to 1~11 general ~roperty taxes, U.S. ~atent reservations and exceptions, any ana ail easements and r~glits of way of a public or private nature, and hereby reserving to seller an undivided 1/2 interest in and to all oil t_...9'as and other mineral in, on or under the above described property, together with the right to prospect for, mine and remove the same, and the above b~ed premil!es in the quiet and peaceable possession of th~ ~es of th"o second part, their heirs and assigm. against all and ever.v person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will W .ARRANT 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 tho Presence of ---------------·---·-·---.[SEAL] -·--·--··-----------·---·----·--[SEAL] STATE OF COLORADO, County of Garfield The foregoing inetrument was acknowladged before me this 22nd day of March, . ~9:. 711.~·; JOSEPHINE CORYELL. ~.:,: -~ ..... •••••••••.,: I~ .... ~.. ••••• My coi:iiit11fsiOn expires /.,lr.e,'i-cM,. -i. "'2.. .... () "i !'. Fi ;.:.. -.: .. --.. i " ,. ... , I ....... -"" • :-:! !; ~: ~ \ "' ; ~ .. ...4 J •• ... - ..... -- . N;).' '92\'.. • W ABRANTY DEED-To Jolnt Tcnants.-Bradtonl Publlillilq Cg., 111Z4 Stout St.reet,. D~TeJ', o.-&-it ·: •xi by .ni.tural penon or penou11 here Insert namo or namu ; I! by penson acting In repreae.nlAU'CI or oUICtal ea'Pllclty ot' u attorne:r-ln-lact, then Insert name of person u executor: attorney-In-tact or other capacity or ileaccJ tlon; If b7 ortlcer ot cor- poration, then Insert name ot such o?flc:er or officers aa the pru!dent o!:' other oUJcers of 11uah corpora.tlon, naming lt.-Btottaor11 :A.olmoto,•domc:nt, Sec. 118·5·1 Colorado Revised Statutes 1953. . . Book 418 Page 4.? STATEMENT OF AUTHORITY .R.S. §38-30-172, the undersigned executes this Statement of Authority on ...... ""+.._,......._ ....... u...a~~~ ........ ......,...._ ....... ,_Y,.,,....,__, a ' 1 cor liability company, eneral partnershrp, registered limited liability partnership, regis ered limited partnership, limited partnership association, government agency, trust or other), than an mdivldual, capable of holdlng title to real property (the "Entity"), and states as fo The name of the Entity is _.....,.~u+~r-1..J.A&+-:+~~~u.a..i..&-m..ii.a.~---......; andisformedunderthelawsof ~.-.i~lt.":l~~~-~~T:::----:'1""'1-----.'"""=:-: The mailing address for the Emity IS -~"""'"__..~~'T':!~ ...... ......,-_.1w.1o....,._. ..... ...._~ The name and/or position of the person authonzed to execute instruments convevrnJl , e otherwise af . aing title to real ropeny on behalf of the Entity Is /Ya r b n R ~ 'I The limitations upon the authority of the person named above or holding the positi on d to bind the Entity are as follows (if no !Imitations, Insert "None·): ...a;;iu..u..a.llio<..---- Othe!' matters concern ing the manner in which the Entity deals with any interest in real no other matter, leave this section blank):----------------~ EXECUTED this~ d~y .2l Jan u a. Y'~ s;gnawr.,~~ ~ Name (pri[r;d): i-. t'l Title (ofanvl ' :. ii 6 .20-1£.. STATE OF -'· -('{) - 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 5. 40 degrees 4 7'07" 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 38'00" E . (bounded on the east by Reception No. 261923) 20.00 feet; thence S. 84 degrees 24'2011 W. 78.19 feet; thence S. 88 degrees 59'26" W . 126.34 feet; thence S. 00 degrees 04'46" W. 120.10 feet; thence N. 62 degrees 16'10" W. 56.50 feet; thence N. 86 degrees 49'13" W . 30.84 feet; thence N. 09 degrees 02'12" W. 333.40 feet; 1111 WJP.1N~"~: Ml~l't'1.Wlk1~:M1,,~~~~~iillW. II Ill RceeplionU : 846761 . 02/29 12014 04 11 ta Pl't Jean Qlb.r1 co ~ 2 o f 2 Rec Fee S16 00 Doc Fee 0 00 GRllFlE'LD COUUT'I' ... O 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 40'12" 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 . DATEDthis~dayof Fr..krUA-t'y , 2014. ALPINE BANK By: ~ kh-_, STATE OF COLORADO ) )SS. COUNTY OF GARFIELD ) Subscribed , sworn to, and acknowled.ged before me this ~1 day of ~(~ 2014, by \U..aj-W\\'Sc:Jr\ as~o'("'\J\CL Prt.S\~ of Alpine Bank . Witness my hand and official seal. My commission expires: Notary Public LINDA GABOS~I NOTARY PUBUC STATE OF COLORADO NOTARY ID #193~i4007 523 My Commission expires May 23 , 2017 File No. 1310021-3 SCHEDULE B -SECTION 2 Schedule B of tht! Policy or Policies to be iss ued will contain exceptions to the following matters unless the same arc dispost!d of to the satisfaction of the company: I . Rights or claims of parties in possession not shown by the t>ubl ic records . Note: This exception will be deleted on the final policy upon complinnce with the requirements herein. 2. 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 wh ich arc not shown by the public records. Note: This exception will be deleted on the final policy upon complinnce with the requirements herein. 4. Any lien, or right to a lien, for services, labor or materia l ht:retofore or hereafter furni shed, imposed by law and not shown by the public records. Note: Exception No. 4 will be deleted upon receipt of Finni Affidavits and Agreements indemnifying the Compnny against unliled mechanic's and m11terialmen's liens. 5. Defects, liens, encumbrances, ad verse claims or other matte rs, ir any. created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed ins urt!d acqu ires 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 conveynnce. 6 . Any and all unpaid taxes. assessments and unredeemed tax sales. Note: Exception 6 will rend: "Genernl tnxes and assessments for the yenr 2013 and thereafter, not yet due and payable." on the final policy i£ 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 \\ater rights, claims, or title to water, whether or not the matters excepted arc shown by the public record . 9. Right of the proprietor of a vein or lode to extract and remove h is ore therefrom, should the same be found to penetrate or intersect the premises hereby grunted and a right of\\ ay 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. I 0 . Reservation of an undivided 112 interest in and to all oil.gas and other mineral s in instrument recorded March 24. 1971 in Book 418 at Page 42 and any and all assignments thereof or intcrl!sts therein . 11 . Rescn-ation of an undivided one-half interest in all oil. gas and other minerals in instrument recorded Fcbrual) 3, I 975 in Book 468 at Page 588 and an) and all assignments thereof or interests therc:in . 12 . Garfo:ld 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 90 I. 13. Terms and conditions of Well and Water Agreement recorded February 9, 1995 in Book 931 at Page 208. 14 . Right of\\a)' casement granted to Holy Cross Electric Association Inc. in in strument recorded August 19, 1977 in Book 499 at Page 967. 15. Easement granted to TC! Cablevision of Colorado in instrument recorded September 22. 1993 in Book 876 at Page 252 . 16 . Easements, rights of wa) and all other matters disclosed on the Stowe Exemption Plat recorded December 12. 1983 as Reception No. 348082. 17. Right of\\a} for ditches and canals in place and in use . I 8 . Any loss. claim or damage due to the location of fonces . (NOTE: This exception \\ill appear on the Owner's Policy onl)) NOTE: EXCEPTION(S) 1.2.3 AND 4 WILL NOT APPEAR IN THE OWNERS AND MORTGAGEE'S POLICY TO BE ISSUED HEREUNDER. The Ownds Policy ofTitle 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 : (I) The Deed of Trust, if any. required under Schedule B -Section I . (2) Unpatented mining claims; reservations or exceptions in patcnts 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 accompan) ing arbitration rules prior to the closing of the transaction. American Land Title Association Commitment Schedule B -Section 2 Form I 004-12 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, Gl enwood 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 Col orado, said parcel being more particularly described as follows: 1 Commencing at the Witness Corner to the Northwest Comer of Lot 36, Section 1 with a brass cap found in p l ace and properly marked (whence the true Northwest Comer 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 47'00" E. along said line 112.03 feet to the True Point of Beginning; thence $. 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 $. 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 an the east by Reception No . 261923) 81.26 feet; thence S. 17 degrees 00'00" E . {bounded on the east by Recept1on Na . 261923 } 79.94 feet: thence S 18 degrees 38'00" E. (bounded an the east by Reception No. 26192 3} 20.00 feet ; thence S 84 degrees 24 '2C" W 78 19 feet thence S 88 degrees 59'26" W. 126.34 f eet: thence S OC deg rees J4 '4 6'' W 120 10 feet :hencaN 62deg rees 16'10''v'J 5E .50feet : ~hence N 86 degrees 4 9 '13'' W 30 84 i::t thenc: N C9 degrees 02'1 2 · W 33 3 4 J •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 Si:xtb 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 I 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 11 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 2l919'53" East 68.37 feet); thence leaving said line South 03°15'00" West (bounded on the enst by Reception No. 261923) 39.58 feet; thence North 87°06'00" West 0.11 feet; thence Soutb 02"32'00" East (bounded on the east by Reception No. 261923) 81.26 feet; thence Soutb 17°00'00" East (bounded on the east by Reception No. 261923) 79.94 feet; thence South 18°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 126.34 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 foet; 3) Soutb 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 11 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 AFFtDA VIT AND AG REE ME NT RE: Real Estate and improvi:mems located nt 5.i.t7 County Road 15.t Glenwood Springs in the Counry of Garfi cfc, Sta te o .~ Colo rad o, and more pa11icularly described as follows , to wit (Lega l Descripcion ): See Attached Elhibit "A" SELLER Al'iD/OR GENERAL CONTRACTOR PORTION The undersigned, Kent Wilson as Senior Vice President of Alpine Bank as the General Contractor for and/ or as Se ll er of the improvements on the herein described property, being first duly swom on oath, for the purpose of inducing COMMON\VCAL TH 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 Liereto, where no notice of such liens or rights appear of record, does hereby make the following representations to COMMONWEAL TH LAND TITLE INSURANCE COMPANY with full knowledge and intent that said company shall rely thereon: I. 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 fJ\I. 2. That no claims have been made to the undersigned, nor is any suit now pending on behalf of any contractor, subcontractcr, laborer or materialman. and that no chattel mortgages. conditional bills of sale, security agreements or financing statements :iave been made. or are now ourstanding as to any materials, appliances, fixtures, or furnishings placed upon or installed in said premises. 3 . Thul all of the improvements constructed on the real estate herein described were completed on or before 'l...~tl . ltd . The undersigned further does hereby agree to protect, defend and save hnrmless the mortgagee and COMMON\VEAL TH LAND TITLE INSURANCE COMPANY against any and all liability, loss, damage, costs and anomeys fees by reason of any claim or liens for services , labor, or materials used in conntiction with the construction of said improvements . STATE OF Colorado COUN TY OF Garfie ld ) ) SS ) By: ____________ _ T he fo regoing ins:rum e nt was a.:knowkdg..:d, subscri bed an d S\\Qm befo r.: ml! J ll Februa l) 1-:, '.?O:..: :,~ K:::m Wil;on as Sc 1110r Vtct: Pre si dent of A l pin~ Bank. as Sc:llcr and ~s Ger.era! Con tnc:or \V ITNESS rny hand and ofriciJ I sc:!!. My Comm1wo:i :::xpircs LIND.:; G.;soss 1 NC·T,£:.~Y p ... 3:.. - 3T""'-:.:.C F · J •_ .... -.:·:- :-; i .:.. :· ~ :..°' ;. _ ... -... . ::r-=. c '..__::..:.._:j ~v-. d c;:_j f a..h 0 .,.,_ '.. :.ir: P:.:h I ; GLENWOOD SPRINGS OFFICE The Denver Center GARFIELD & HECHT, P.C. 420 Seventh Street, Suite 100 Glenwood Springs, Colorado I! 160 l Telephone (970) 947-1936 Fac simile (970) 947-1 937 Glenn Hartmann ATTORNEYS AT LAW Since 1975 www.gamcldhccht.com Jnnuary 28, 20 I 5 Garfield County Community Development 108 gth Street Suite 401 Glenwood Springs. CO 8 J 60 I David D. Smith dsmith r@.garfieldhecht.com Re: Bethel Party Rentals iand •lse applil:ation for 5447 CR I 54 (the "'Subject Property") Glenn: At your request, this cmTespoiid~ace traces tb.: irn. '~!.ti2-utinn coJ1ducte<l into the parking easement (''Easement") lu~aced on the $uhjc.:ct Propt.·rty. The information below is provided to give context for the applicanf s m:-;ertion that ihe Ea. ... emcnt was not adequately described and dedicated and therefore should not encumber the Sl!bject Property in such a way that the land use application should be denied or conditioned. This letter does nut constitute a formal legal opinion by the undersigned or by Garfield & Meehl, P.C. The Stowe Subdi.vi~h.:m Exemption was approved by the County in 1983 pursuant to Resolution 83-327. The original re8o1ution did not reference any parking easement. The approval was amended by Resolution 83-3.58 to add a legal description of the Easement, but it docs not contain any additional description of the purpose of the easement beyond the word '"parking" nor does it contain any infom1ation about thL" benefic1ary 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, off crs no further explanation of the purpose of the easement, nor who is permitted to use it. Finally, cin A..rnende<l Stowe Exemption Plat was recorded in 1989 as reception number 402248, but no additional infomrntion 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. Tlw con1mi!me.nl did not show any additional documents that would shed light on the Easement. Ther1;:.wa~ no evidence of auJitional deeds or other legal instruments conveying the Easement to a 3r~ party. . Aspen •Avon • Basalt• Glenwood Springs • Rifle @ Prinled on recycled paper GARFIELD & HECHT, P.C. Hartman January 28, 2015 Page 2of2 The applicant also spoke to the seller of the SuQ.jei:t 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 Randi Corp. 965 P .2d 1229 (Colo. 1998). In the event that one of these rcauirements cePn n t be readily <lir.r.e.-rn ed. th~one may 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 "parkir.g.'' The Rcsoluthms of appruval do not help. Looking to the use of the Easement is alo;o of no he lp 'iince the Easent l!nt an:a 'rias not been used by anyone except the owner of the Subject Pro pert~. TI1e Easement lacks adc ;quatc dedication language, and the easement is now over 30 years old with no actual use. After your review, please do not contm.:t me with any questions. 1188159 @ Printed on recycled paper --- -·· ... , ....... ,,_~Cl'" -~·--~ .. -•• -....... .-. .. - ~ ~-f. ! ;· I ~ f s a; l~ ff \ COiorado ® Mountai n E;ipren \epel @ \. '®' '\ l \~ "' l!Bl "@ , Habitat foi\'"'mani1J © \ \ ,,l-..@ ~ 1 q \ " %~ "?o- '90' %,., -;;.. '.!) t-. ·~ <}..-?. O' Roarmg Fork Rentals & ®\ -Vicinity Map ,·L5447LJ eounty .. RoacF154, Glenwooa Springs