HomeMy WebLinkAbout1.0 ApplicationPROJECT DESCRIPTION
County Road 137 (Canyon Creek) Bridge Replacement Project
IFB-GC-RB-Ol-17
The existing bridge crossing Canyon Creek needs replaced immediately. Per the
bridge inspection report dated 10-24-2013, the bridge is in poor condition in
multiple areas and has a failing sufficiency rating of 31.8. The deck, girders, and
substructure are rated poor and need immediate replacement. The bank where
abutments are located has slumped off. Temporary boulder stabilization is in place.
A new bridge meeting current loading and safety standards has been designed. The
new bridge will be located downstream of the existing bridge. Construction of the
new bridge and the associated road improvements are currently underway and
planned to be completed by early summer 2017. The new bridge is a pre-fabricated
concrete arch structure with concrete headwalls, wingwalls, and cast in place
concrete foundation. The associated road improvements include approximately
300-linear feet of new asphalt road surfacing, scour protection in Canyon Creek,
storm water valley pan and collection boxes, guardrail, sign age, striping, fencing,
slope stabilization, and revegetation. This project will serve to improve the overall
public safety, access, and maintenance for County Road 137.
In 2015, Garfield County approved construction of a new bridge on CR 137. As part ofthis construction,
right of way was needed from the bordering property owners. The County contracted with Gene Trexler
and Cindy Trexler to purchase right of way through warranty deeds. As part of the purchase contract,
the County agreed to finalize a plat amendment for the Trexlers to update their lot in the Glas
Subdivision Exemption . Prior to completion of the plat amendment, the Board of County Commissioners
revised the bridge construction design, and therefore, the right of way acquisition from the Trexlers was
also revised. In 2017, a second purchase agreement was executed with the Trexlers and warranty deeds
were executed to give some right of way back to the Trexlers and acquire some new right of way. The
plat amendment to the Glas Subdivision Exemption will include the transfers from 2015 and 2017 as well
as other land acquisitions by the Trexlers or their predecessors that did not involve the County.
PURCHASE AND SALE OF REAL PROPERTY AGREEMENT
This Purchase and Sale of Real Property Agreement ("Agreement") is entered into by and
between Gene Trexler and Cynthia P. Trexler, whose address is 20814 9'h Avenue W, Cudjoe Key,
Florida 33042 ("Seller") and the Board of County Commissioners of Garfield County, State of
Colorado, whose address is 108 81b Street, Glenwood Springs, Colorado 81601 ("BOCC" or
"Buyer") (collectively the "Parties").
RECITALS
A. Buyer is a legal and political subdivision of the State of Colorado for which the BOCC is
authorized to act.
B. Buyer is authorized to acquire, maintain and improve the Garfield County road system
pursuant to the provisions of C.R.S. §§ 30-11-107, 42-4-101, and 43-2-201 at saq., as
amended.
C. BOCC is further authorized to acquire property by donation, purchase, or eminent domain
proceedinss pursuant to C.R.S. § 43-2-204.
D. Buyer desires to construct safety improvements to County Road 137.
E. Seller is the owner of approximately twenty-five (25) acres of land located at 2121 County
Road 137, Glenwood Springs, Colorado, also known as Parcel Number 2123-242-00-152.
F. Buyer wishes to acquire approximately 0.068 acres of Seller's property in exchange for
Buyer transferring approximately 0.205 acres of Buyer's land to Seller as more particularly
described on Exhibits A-l, A-l and A-3 and depicted on Exhibit B attached hereto and
incorporated herein.
G. The parties previously executed and closed on a Purchase and Sale of Real Property
approved by the BOCC on October 5, 2015 ("20] 5 Agreement").
H. The exchange of the property described herein is necessary for the Garfield County Road
t 37 (Canyon Creek) bridge replacements and improvements. Since the 2015 Agreement,
the BOCC revised its plans to improve the bridge at Canyon Creek, and therefore, the
Parties nre entering this Agreement to revise the right of way acquisition to implement the
new design.
I. Buyer and Seller have agreed to exchange the propelty via general warranty deed and by
completion of a plat amendment as more particularly described herein.
J. By vote of the BOCC, as shown in the minutes of meeting dated February 13,2017, the
BOCC granted authorization to enter into this Agreement, subject to the tenns and
conditions set forth herein.
c. Copies of Exceptions. Each party, at Buyer's expense, shall furnish to the other
party (i) a copy of any plats, declarations, covenants, conditions, restrictions,
easements, liens, leases, assignments, or encumbrances burdening or affecting the
Property, and (ii) copies of any other documents listed in the schedule of exceptions
in the Title Commitment any time on or before the "Title Deadline." This
requirement shall pertain only to documents as shown of record in the office of the
Clerk and Recorder in Garfield County, Colorado. Any copies or summaries of
documents furnished pursuant to this section constitute the "Title Documents."
Each party has a duty to disclose any known defects, issues or liabilities to the other
party prior to Closing.
10. Title Dnd Survey Review.
a. Title Review. Each party shall have the right to inspect the Title Documents.
Written notice by either party ofunmerchantability of title, form or content of Title
Commitment, or any unsatisfactory title condition shown by the Title Documents
shall be signed by or on behalf of the objecting party and given to the other party
on or before the "Title Objection Deadline," or within five (5) calendar days after
receipt by the either party of any change to the Title Documents or endorsement to
the Title Commitment, together with a copy of the document adding new exception
to title. If either party does not receive the other party's notice by the date specified
above, the parties accept the condition of title as disclosed by the Title Documents
as satisfactory.
b. Matters not Shown by Public Records. Each party shall deliver to the other, on or
before the "Off-Record Matters Deadline," true copies of all leases, licenses,
permits and surveys in either party's possession pertaining to the Property and shall
disclose to the other party all easements, liens (including, without limitation,
governmental improvements approved, but not yet installed) any environmental
reports, tests or notices of existing environmental conditions affecting the Property
or other title matters (including, without limitation, rights of first refusal and
options) not shown by the public records of which the party has actual knowledge.
The Parties shall have the right to inspect the Property to determine if any third
party has any right in the Property not shown by the public records (such as
unrecorded easement, unrecorded lease, boundary line discrepancy or water rights).
Written notice of any unsatisfactory condition disclosed or revealed by such
inspection sholl be signed by or on behalf of the objecting party and given to the
other party on or before the "Off~Record Matters Objection Deadline." If either
party does not receive notice by said deadline, the parties accept title subject to such
rights, ifany, of third parties of which each party has actual knowledge.
11. Property Inspection, Indemnity and Insurability.
n. Right to Inspection. During the period which commences upon execution of this
Agreement by Seller and Buyer, and continuing until and including Closing, each
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party and its authorized agents and representatives shall be entitled to enter upon
the Property at all reasonable times and upon reasonable notice to the other party
to inspect the Property for the purpose of making surveys, soil tests, engineering
tests, environmental audits and tests, feasibility studies, and any other inspection or
investigations the party deems necessary or appropriate in connection with its
intended acquisition, use, and development of the Property. If the inspection orthe
Property is unsatisfactory in either party's subjective discretion, said pnrty shall, on
or before "Inspection Deadline":
i. NotifY the other party in writing that this Agreement is terminated; or
ii. Deliver to the other party a written description of any unsatisfactory
physical condition which the non-objecting party required the other party to
correct ("Notice to Correct").
Ifwritten notice is not received by the non-objecting party on or before "Inspection
Objection Deadline," the physical condition of the Property sholl be deemed to be
satisfactory to the parties.
h. Inspection Resolution Deadline. lfa Notice to Correct is received by a party and if
the parties have not agreed in writing to a settlement thereof on or before
"Inspection ResolutiQn Deadline," this Agreement shall terminate at midnight one
business day following the Inspection Resolution Deadline, unless before such
termination the non-objecting party receives the objecting party's written
withdrawal ofthe Notice to Correct.
c. Damage and Liens. Each party, except as otherwise provided in this Agreement, is
responsible for payment for all inspections, tests, surveys, engineering reports, or
any other work performed at said party's request ("Work") and shall pay for any
damage that occurs to the Property as a result of such Work. Each party shall not
permit claims or liens of any kind against the Property for Work performed on the
Property at said party's request.
12. Closing. Delivery of deeds from the Parties to each other will be at Closing ("Closing").
Closing shall be on the date specified as the "Closing Date" or on an alternative date by
mutual agreement set forth in writing. The following conditions and commitments are
required at Closing:
a. The Parties shall execute, acknowledge, and deliver to each other a general
warranty deeds, conveying title to the Property, together with all right, title and
interest in and to said Property.
b. SelJer shall execute and deliver to Buyer an affidavit stating that Seller is not a
foreign person, foreign corporation, foreign partnership, foreign trust, or foreign
estate (as those terms nre defined in the Internal Revenue Code and Income Tax
Regulations).
5
c. Seller shall execute a Certificate as to Taxpayer Identification Number as required
bylaw.
d. The p!ll1ies shall execute the Temporary Construction Easement.
e. Buyer shall execute a Real Property Transfer Declaration as required by Colorado
law.
f. Seller and Buyer shall each execute and deliver Settlement Statements, showing
adjustments and the payment of the costs of Closing, if any.
g. Each party shall deliver to the other such other documents, certificates and the like
as may be required herein or as may be necessary or helpful to carry out its
obligation under this Agreement.
13. Transfer of Title. At Closing, title to the Property shall transfer to the Parties by general
warranty deed. Except as provided herein, title shall be conveyed free and clear of all tax
liens, including nny governmental liens for special improvements as of the date of each
Party's signature hereon, whether assessed or not. Title shall be conveyed subject to:
a. Those specific exceptions described by reference to recorded documentation as
reflected in the Title Documents accepted by the Parties in accordance with Title
Review;
b. Distribution utility easements, if any; Ilnd
c. Those specifically described rights of third parties not shown by the public records
of which the Parties have actual knowledge.
14. Pint Amendment. BCCC shall finalize the Plat Amendment for the Glas Subdivision
Exemption Plat previously initiated with the 2015 Agreement. Seller hereby designates
the Garfield County Community Development Department as its agent to execute the
application for the Plat Amendment. Seller has the right to review and approve the Plat
Amendment prior to final submittal to the BCCC.
15. Closing Costs, Documents and Services.
a. Good Funds. Buyer and Seller shall pay, in good funds, their respective Closing
costs and all other items required to be paid at Closing, except as otherwise
provided herein.
b. Closing In[ounaHon and Documents. Buyer and Seller will furnish any additional
infonnation and documents required by the Earnest Money Holder that will be
necessary to complete this transaction. Buyer and Seller shall sign and complete
all customary or reasonably required documents at or before Closing.
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c. Closing Services Fee. Fees for real estate closing services, ifany, shall be paid at
Closing by Buyer.
16. Termination. In the event this Agreement is canceled or terminated by mutual agreement
of the parties, all payments and things of value received pursuant to this Agreement shall
be returned and the parties shall be relieved of all obligations contained in this Agreement.
17. Indemnity. To the extent pennitted by law, each party to this Agreement shall hold
harmless, indemnify and defend the other party, including the other parties' employees,
officers, agents, and assigns, from any claim, lawsuit, or award of damages, to the extent
such claims, lawsuit, or award of damages arises from the action or inaction ofthat parties'
own officers, employees and agents. Nothing herein shall be interpreted as a waiver of
governmental immunity, to which the Buyer would otherwise be entitled under Section 24·
10·101, el seq., C.R.S., as amended.
18. Authority. Each person signing this Agreement represents and warrants that said person
is fully authorized to enter into and execute this Agreement and to bind the party it
represents to the terms and conditions hereof.
19. Default and Remedies. If any payment due hereunder is not paid, honored or tendered
when due, or if any other obligation hereunder is not performed or waived as herein
provided, there shall be the following remedies. If either party is in default, the non·
defaulting party may elect to treat this Agreement as canceled, in which case all payments
and things of value received hereunder shall be returned, and the non.defaulting party may
recover such damages as may be proper, or the non-defaulting party may elect to treat this
Agreement as being in full force and effect and non-defaulting party shall have the right to
specific performance or damages, or both.
10. Examination of Property. The parties acknowledge that each shall afford the other party
the opportunity for full and complete investigations, ex.aminations and inspections of the
Property.
11. No Third-Party Beneficiaries. This Agreement is not intended to benefit, and does not
benefit, any person or entity other than the named parties hereto.
22. Fees. Each party is responsible for its own fees incurred in connection with the drafting,
review, and negotiation of this Agreement and review and accephmce of the Plat
Amendment.
23. Survival of Obligations. All representations and warranties and all unperfonned
obligations of Buyer or Seller herein stated shall survive the conveyance of the subject
Property to Buyer and the payment of the Purchase Price to Seller, and all parties shall
remain bound by this Agreement until all of their respective obligations hereunder have
been completely performed.
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24. Notice. u) Physical Delivery. All notices required under this Agreement shall be in writing
nnd shall be deemed received (i) on personal delivery, (ii) on the first business day after
receipted delivery to a courier service that guarantees neKt-business-day delivery, or (iii)
on the third business day after mailing, by certified or registered United States mail, return
receipt requested, directed to the intended recipient of such notice in accordance with the
following:
[fto Seller:
If to Buyer:
with copy to:
Gene Trexler and Cynthia P. Trex.ler
20814 9lh Avenue W
Cudjoe Key, Florida 33042
Garfield County Manager
108 81h Street
Glenwood Springs, CO 81601
Garfield County Attorney
108 8'h Street, Suite 219
Glenwood Springs, CO 81601
Either party may change such party's address for notices or copies of notices by written
notice to the other party in accordance with this section.
(b) Electronic Delivery. As an alternative to physical delivery, any document, including
signed document or written notice may be delivered in electronic form by facsimile, email
or internet. Documents with original signatures will be provided upon request by either
party.
25. Effective Date. This Agreement shall become effective upon the date of the last signature
to this Agreement.
26. Facsimiles and Counterparts. This document and all documents required for
performance of this Agreement may be signed in counterparts, each of which will be
deemed an original, and all of which together shall constitute the agreement of the parties.
Facsimile documents with original signatures may be substituted for all originals on such
documents.
1.7. Headings. The section headings are inserted only for the purpose of convenient reference
and they shall in no way define, limit, or prescribe the scope 01' intent of this Agreement or
any exhibit hereto.
28. Invalidity of any Clause. If any clause or provision of this Agreement is illegal, invalid,
or unenforceable under present or future laws effective during the tenn of this Agreement,
then and in that event it is the intention of the parties hereto that the remainder of this
Agreement shall not be affected thereby.
EX HI BIT
I A-L
l'R1:: X bEl!. TO GllftCO I'I~OP E RTV DESCBII'TIQN -AREA D
A rAIICEL Of LAND SlruA TED IIHlm NEII4 OF SECTION ~4. TOIVNSlllr , SOUTII. RANG!! ~O WEST TO TIll! 51KTII rMINClrAL
MERIDIAN. COlJlo,iY OF GARfIELD. STATE OF COLORADO. SAID ~ARCEl DEINO MORE MRTICUL,\nLV D~SCIIWED A5
FOLLOWS :
COMMENCING AT TIlE CEl'oTER QUARTER CORNER OF SAID SECTION 24 . A DLM ALUlllrNUM CAI'IN rLIICf:, nlENC~
NS9'4T04-W A OISTANCEOF l~I .Ml FEET TO A PDlJo,'T ON ntE I'ORntERlV RIGIIT-OF·W",· OF COumY 110110 NO. 131, TIlE
,'OlhT OF OEOIN NIN O; TIIENCE SO~'SO'lO'E A m ST AN eE OF 10.00 PEET: "fl{a;ce ALONG TIff: Ane or "CURVE TO nt~ lliT
""VINO" MOIUS OF 110.lO FflET AND A Cllh-rRAI.II NOLllOr lD'U"IS', A DISTANCE or 5181 FEh'T (ellORD nEAM Sll'06'Sl'W
" Dl5T"NCE O~ S1.Z1 fEf.n: TIIENCE N)4'SK"2S'W "IlISTAI'CE OF 15 .I6fE~": TImNCI! ALONO nlE ARC Of A CUIIVE TO TIlE
LflFT "AVING A RADIUS OF 27.S0 FEI!T AND A CENTIIAL ANGLI! OF n'41'SS', ,\ OIST,\NCIl or J7.34 FI1~'T(rllORO DrIIRS
N7)'Sl"2S'W" nrSTANCEoF lH4 fEET); TIIE":C!: NWIO'WW A DISTANCE OF 1S"2 FEIlT:TlIENCEN7l'41'l8"fl A DISTANC!! OF
27 .SS FEET: TIIENCE "1.0NG TIll! ,\RC OF A CURVE TO TIlE tuGIITlM VING A RAmus OF 92.S0 FEET AND A Cnh'TRAL ASOLE OF
4~·09'lfi'. A DISTANCE OF fiH.07 FEIiT (CIIORD DIiARS SH,'ll'44'E ,\ DISTANCIi OF M.SS VliET): nlESCIi SWSR'!s"E 1\ PISTANCE
OF 17.24 FilET TO n lli rOlm OF UW (NNIN(1 , SAID rARCIlL CONTAINING O.DfiH ACRilS MORliOF LUSS ,
~ ._'" .. --~, ».' OAlinElDO"':ft'Y ~-.tU.L"I(J
" OAl flU.Il(,OWor ('lU')JAIMl ,..,. ... RIUIIT'()f.IVA\' E.~IIIBlT D
''''''''A.u.,,,., f,'OUIlTYKVhDNO.lll
'~1".1 " 'Ar.t utl'-" ~. SEC lA , TlS,ItI<l", IOF' n-1~~~~~.:"'!!,:!!"'lj~ ~1 1 UtaJOt'tt
,
OAReo TO TREXLI::R I'R OI'ERTV DESCltll'TION "AREA C
1\ PARCEL OF LANIl SITIJATm IN Til Ii NEII4 OF SECTION H, TOIVNSIIIP j SOIJTlI, RANGE 90 WeST TO TIIn Sll!TIl CIUNCII'Al
MERIDI,\N, COIJlo,TY OF GARFIELD, STATE OF COLORADO, SAIO Po\RCEL DErNG MORE MRTICUL,,\lII.Y OESCHIUED A5
FOLLOWS:
cOMMENCrNli ATnlE CENTER QUARTER CORNER OF SAID SECTION 24, A Dlh! ALUMINUM CAP IN PLACE: TIIEScr:
NS9'47'IWW A DISTANCE OF m,NS FEETTO A POINT ON TllE NOIlTllERLY IlIGlIT·OF"IVAY OF COIJlo,TY RO,\O NO J)7: nmNC~
SOl'SO'lO"n A DISTANcn OF 10,00 FEET: TIlENC!; ALONG TIlE ARC OF A CURVE TOTllE LEFTIIAVINO A Jt,\UIUS OF 11020 FEET
ANIl A CF.NTRAL ANOLf:OF )O'Ol'W, A DISTANCE OF 57,87 FEfiTCCIIORIJ IJf!AhS Sn'Q6'52'W A DISTANCF. Of 57.21 fF.F.Tj.
TIlENCH NH'lK'lS'W ,\ DIST,\NC!! OF 11,16 m:.; TII~Ncr: ALONG TII~ AHCOf A CURVE TO TIIh LEtT II,WINO A RADIUS m
27.50 fEU ANIl A CENTRAL ANGLE Of 77'4758', A DlSTANCIl OF 17.34 fEU (CIIORD DIlAIIS Nll"5l H'W A DIST,\NCE OF H 54
FEfiTj; TllfiNCIl NWIO'IS"IV A OISTI\NCIl OF 15.12 FEET; Tllg COINT OP ugolNNllm: nWNCIl S7I'4I'IS"W A DISTANce OF 1906
FEU, TIIIlNCIl ALONG Tllfi ARC OF A CURVETO Til 11 Lf:FT IIAVINO A RADIUS OF 9UO fRIlT ANO ,\ Cf.NTlIAI.ANGLf OF
~l'~l'W, A DISTANcE Of 69,0) FEI,T ICIIORD UMRS SSO'IB'D'W A DISTANt'E OF 61.44 FEET) TO A POINT ON TIlE NOIlTlI£RLY
RICiIlT·OF,IVA Y OF S,\l1l COUNTY ROAD NO, 1l7: THIlNCE ALONG SAID NORTIlERL V RIOIIT·Of·IVA Y 11:01 '0 )'41"\v A DIST ANeG
OF 7.n FEET;T1IENCE CONTINUING ALONG SIlID NORTIIIlRLY RIGIIT·OF·IVAY ALONO nm ARC OF A CURVE TO TilE IIIGIiT
IIAVrNG A RADIUS OF H?SO FEU AND A CI!NTRAL ANGLE OF M'~l'H", A DIST,\NCE OF 101 K7 FEIIT (CIIORO h~AII5 m2'Il'lR'E
A OISTANCE 0F96ll FEET TO TIlE NORTHWESTERLY CORNIlR OF AlUlA U AS D~SCRIDr:O IN III'Cr.1'1l0N NO. 870m OF nm
GARFmLD COUNTY CLEIU<. AND RECORDERS OFFICE; TlmNCE LI!,WING SAID NORTlmRLY ItIGlIT·OF-WA r 5WIO'IHI ALONG
TIlE WllSTfiRLY DOUNDAR" OF SAID AREA D A DlSTANCI!OF 4-I2R FmlTTO TII~ I'QINTOr RH1IFiN"W . SIlID PARnL
CONTAINING O,OS7 ACRES MORl: OF LESS,
~ tt_ •• • ~ ,--... , r'Alna.nllKM'if1HJlNED.l'4d ...... ~, .. .. ClAlntlJICClr,olrY COIDIAOU uo!.t ". RIOI/T.oJ'.WA ,. EXIIIOIT C
,,,"1"l.)'It,r.ll COUNlY HOAD NO, Il1
'U~."'.ln..,(\J l tl"" " SEC N. TIS. R'IOW lOPl ""'C:~:~~.!!;!::,:!!"'I I D e:.n.l.J..O..lt&.~
EXHIBIT
A-3
,
LlNETADLE
LINE !lEARINO LENGTH
LI /1175'07'45 IV 5359'
Ll /II)4'5A'U W 34 R2'
U S55'j9'01'1l (04 75'
L4 Sft2'OS4"'1l 2,77'
U S!l'5.j'14'W 10.00'
Lt. Sf,:!''O.5·tll'(! ,,7l'
L1 502"0']0'E 10.00'
U\ /IIl4'5~'U IV l'lft'
L9 /IIll'lIl'lS IV 1"2'
1,10 5]4'5815' E 17,24'
LII rl1I 6 41 iR'1! 2755
Lll 571 ',1I'18"W 19-1)6'
Lll /IIOI'07'4I'\Y 115'
LIO\ 525'10'15' E 4428
CURVETADLI;
CURVE RADIUS LENGTII TANGENT CHORD BEARING DELTA
C I '8~,112' 12.53' 3r.31 72.48' /II1I']fi24"IV 07'O!'4J
C2 136,1)11' Y5,Y4' .111,04 91,'19' /IISS'UJm"IV 40'09'13
Cl 12000' 77 17' )991' 158S' 514'14'2(,"1' 3ft'S0'51'
("4 400,lIlr 49,07' 24.S6 4~,O5' 5S90l'2J"1! 06'06'45'
C5 11020' 57,H1' 29,62' 57,21' 512'06'52"1'1 3U'US'"
C(, 21.50' 37.34' 2219' 34.54' rl1l'S2'll 'IV 77'4T58
C1 9HO' 68.01' 35JoIi' MSS SH1'11J4"E 41G'lJI¥j6 ~
C8 ~2.5D' (09,0)' 36,22' 67.44' 550' IB'U"W U'4BO
C9 K7,5U' 101.R1' 5B~' 96.21 /11)21338 E (i(i'''!'2~
~ -." ~ ... , ..... ....
IL' DUIUUJ tVl,I'lrY OLOl'lQ".lt\"Q -, t AIU\UUc."OlNJ'Y cnt..lWA1)tJ I~""
II,", RIGlrr,OF Wo\V ~XIIIRITD ,-COUIITYHOAIlNO Il' 'A.'W1.:A.lYI,.,t .u , .. P li .&L\o l.U I~U " SEC' N. 15S R'IOW .OP' rl ,~t:~~I:,::.:!:,'~~;!!t.n .. i/I1"'U~Qu:.
EX HI BIT
I p
TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT ------
GRANTORS: Gene Trexler and Cynthia P. Trexler
ADDRESS: 20814 91h Avenue W, Cudjoe Key, Florida 33042
GRANTEE: Board of County Commissioners of Garfield County, Colorado
ADDRESS: 108 8th Street, Glenwood Springs, CO 8160 I
FOR AND IN MUTUAL CONSIDERATION of the following, the parties hereby agree as
follows:
I. Grant of Easem ent. The Grantors do hereby grant, bargain, sell, convey, transfer
and deliver unto the Grantee, n temporary construction easement and right-of-way
as further described herein ("Temporary Construction Easement").
2. PU'llOse . The purpose of this Temporary Construction Easement shall include the
right to enter upon the hereinafter described land, grade, level, till, drain, pave,
build, maintain, repair, and construct a roadway or structure as may be necessary
on, over and/or across the ground embraced within the right-of-way hereinafter
described, for purposes of construction of a bridge for conveying traffic on County
Road 137 (Canyon Creek). Such temporary easement shall be limited to the time
period of three hundred (300) days ("Time Period"), unless the Time Period is
extended in writing by mutual agreement of the parties.
3. Property. The property that is the subject of this Easement and Agreement is
described on Exhibit A and depicted on Exhibit B attached hereto and incorporated
herein by reference.
4. County Assurances. Grantee agrees that said Temporary Construction Easement
shall be considered in all respects a County Road and right-of-way and shall accept
all liability for such property as a County Road 01' right-of-way during the Time
Period. Grantee shall flag the Temporary Construction Easement.
5. Ownershil2. The Grantors herein covenant with the Board of County
Commissioners of Garfield County, Colorado, as Grantee, that the Grantors are
lawfully seized and possessed of the property subject of this Temporary
Construction Easement and Agreement; have good and lawful right to sell and
convey said property; that the property is free of all encumbrances that affect the
purpose herein stuted; and Grantors shall warrant and defend the title and quiet
possession thereto against claims of any third party.
6. Indemnity. To the extent pennitted by law, each party to this Agreement shall hold
hannless, indemnify and defend the other party, including the other parties'
employees, officers, agents, and assigns, from any claim, lawsuit, or award of
EXHIBIT
TltL:XLL:lt TEMI'OllJ)HV CONSTltU CTlON I!ASEMENT I A
,\ I'AIIC~l OF LAND SITUATED IN THE NEI/~ OF SECTION 14, TOWNSIIII' ~ ~olfnl, RAN!iI; 90 W~ST TOT1I~ slxm rRIN CIPAl ,
Mr:nIDI,\N, COUNTY OF OARFIELD HA TIl OF l'ULOItADO, SAID rAIKlll nEING MORil rARTICULARL Y neSCRWED AS
FUlLOWS
COMMENCINO ATT/IE CENTEII QUARTER CORNIlRof SAID ~~CTION H A IIlM ALUMINUM CAl' IN PLACE ; TIlENn
NSl'17'19"W A III STANCE OF 22H ,65 FEIlT TO A rOINT UN TilE NORllI~RLY Rio liT -OF"WAY Of COUNTY ROAD NO, Il7, SAID
rOIlI,'T ALSO nEINO TIlE SUUTIICASTfRLY coRNell OF A rAlIl:EL UF LAND AS DESCIUIlED IN RECEl'TloN NO, 6l!l9091N TIlE
GAIU'IELD COUNTY eLF.1lK ,\NIl IIE(uIlDERS OFFICE, Tllii rOINTuF UEGlt!NING; TIlENCIl ALONu TIlE EASTEIIL Y DOUNDARY
OF SAID rAllCEL OF LAND ALUNU tilE AIIC OF A CURYETO Tim LHT IIAYINo A RADIUS OF 1011,87 FEET AND A CENTRAL
ANGLE OF 41'41'1)", A IllnANCE OF l),)9 FEETICIIORD D~ARS I'll! 'H SloW A DISTANCUOf 71,78 FEET); TIlENCE LEAVING TIlE
EASURlY DOUNDARY OF SAID PARCEL OF LAND SSO 'l)'n"\Y A DISTANce OF 9 flO FtCI', TlmNCE N7S'I~'lR"W A DISTA,,"CE Of
15,95 FE liT: lllENCt CONTINUING ALONG SAID EASCMENT 1'156 1TlJ'W A DISTANCE OF 9,69 FEET; TIlENCIl CONTINUING
ALONG SAID EAStME"T "LONG TIlt ARC OF" CURVE TO Tile LtFT "AVIt.G A RADIUS OF j9' 61 FECI' AND II. CENTItAL
A,,"GL~ OF 1H'~0'14', A UlSTANCI: Of 19546 FEI:T (CIIOIIO U~"IIS 1'16' '~TJ9"1Y A IlIST.\NCU m 194,SHmm; nlENCIl
CONTINUING ALONG SAID Ej\SEMENl 1'175'0' 4S"W A DISTANCE OF ~8 35 fllIlT; TIIENC~ CONTINUING AI.ONO s,\tn EASEMf.NT
ALONO TIlE ARC OF A CURYE TO TIlE RIOIIT IIAYING A IIADIUS Of 140,011 fll~T AND A Cr:"''TiIAL ANGLE OF 4)'06'SI", A
OISTANCE OF lOllS FF.ET ICflORD OF-ARS NS)'H'16"\V A msTANCF. OF IO~ 88 FE[T); TlIENCE CONTINUING ALONO SAID
EIISEMEt.T N)2 '00'~8"1Y A DISTANCE OF 44 5J FE"T, mENCE CONTINUING ,\lO~G 5j\lD EASEMENT N~8'll'U"W A DISTANCE
OF 2S 14 FEEl; TIIENCE COt.llNUING ALONG SAID EASDIEt.T j\LONG TIlE ARCOF II CURVE TO TIm LEFT "liVING A RAmus
OF 10750 Fr:El AND A CENTRAL ANGLE OF IW59'W, A DISTANCE Of 211-153 FECI' (CIIOIID liMitS S70'48'JI"W A DlSTj\NCI! Of
20U.6 FEIm; TIIENCE CONTINUING ALONG SAID EASEMENT Sf)'ll'))"W A DlSTA,,"C!! OF 28 .41 FEET; meNCECONTINUING
ALONG SII.ID EASEMEt.T 501'0"41"11 A mS1'ANCF. OF J8 ,I4 FilET, mllNCIl CONTINUING ALONG SAID EASEMENT II LONG TilE
ARC OF A CURYElO TilE RIGIIT IIAYING A RADIUS OF 'Sl,89 FEET AND A ceNTRAL ANOlE OF 17''''J8',A DISTj\NC6 Of 1SH9
FilET ((IIORO DEAHS so-OS 'S7"W II DISTANCE OF 75 61 FEET);TllrNC[ CONTINUING ALONG SAID EASEMENT SIS'19'WW"
DISTANCf OF II!~! Ff:fT, TllrNcr: COt.TINUINO ALONO 51111) EASEMfNT Sfil'~'Ol"W A DISTANCI! O~ 21.3) Ff.F.T: TIIF.NCF.
CONTINUING ALONO SAID I!IISEMENT AlOND nm IIItC OF A CUllY!! TO TIlE LEFT IIAYINO A I!AUlUS Of ~17,oo FHF.T ... ND II
CENTRAL ANGLn UF ~~'OI ')O",1\ DISTIINCE OF 19H! FEEt (eIlORD fJl!ARS SNU 'ol'OJ"W A DISTANCE OF IH9,IU FEET); THENCE
CONTINUINO ALONO 51110 ""SEMENT SI6']4')6"W A DISTANCE OF ~9 41 FEET; TIlENCECONTlNUINGALONO SAID EASEMENT
N6Ii'47'J6"W A DI5TANCb Of U 21 t~n TO T"~ WbSTI:Rl \' DOUNOAIIV at SAID PAflCl:l Of LAND; TII~NCE AlaNa TIll!
WESTERLY BOUNDARY OF SAID PARCEL Of LAND AlONa TilE AflcaF A CURVE TO TIlE IUGIIT IIAYING A RADIUS Of )9<I ,6J
FF.ET AND '\ CENTlIAL ANGlll OF 01 ' 28'~O', A DISTANCE OF 10,OK Ff:ET (CliOIlD P(!'\RS S]O · ( I'H"W A DI~i ANCIl Of 1007 Fmm
TIIENCIl CONTINUINO IILONO SAID WC5TERl\' DOUNOAIIY SlO '56'14'1V A OISTIINCE OF 6151 F"bTTO TIm SOUTlIWESTERLY
UOUNDAIIY OF SAIO rARC[l OF LAND, ALSO BEING II rOINT ON Till; I!AST'WI~~TCENTI:HI.INIi OF SAID SECTION l4, lIlENC~
LEAYING 5.110 WeSTERLY UOUNDIIIIV N8ROll'H"E ALONG S,\ID EAST-IHSTCHNTIlIILINt: A IlISTANCIlIIF 9~,n l'ECI'I!!.ll!li
~ 1Y1IENCU TilE W[sT CENTeR SIXTEENTlI COliNE II OF SAID StCTION 14 DtAllS ~HH'3T!1·1\'" DISTANCE OF III 92
FEfiT
UNETABLE
LINE II BEARJNG DISTANCE
LI SSD'2112'W 9.Ut)
Ll Nn'I,)'28'\Y 159'
LlA N!6'!Tll"W 96Y
Ll N'l5'JTofS'W 18 J)
U Nl:':H1~R'1Y 44.5)
u N48'3l'Oft'W ~~.14
L6 Sll"lllJ'W JH .41
L1 SOl 'Ul'41'I! \.',I~
LR SB 19',WW 112Al
L9 561' O~'Ol'W 27,)]
LIO S5~'H ')(,"W 89,41
til N66'~TJ6"\V 8J 27
III S)D"6'WW 6U1
LIl N88'J1 '21'£ 92 .11
CURVE TABLE
CURVE II ARCLENGTU RADIUS DElTA ANGLE ~BORD BEARING CHORD LENGTH
CI 1),39 100H' 41 ,I:':)" N2S'S4'S2"W 7178
C2 1954(, 599 81 IA'40'14" N6S'41'J9'W 194.59
CJ lOS J5 I~O 00 nOh'57" SIl'l4'16"1! 1112,88
C4 21i4 5) 10' 50 1,10'59'16" S10'48'!j"W 2mM
CS 75,89 25289 17'11'38" N07'05'51'1! 1161
C6 19452 211 00 47 '111')0" S80 'orOl'W 18910
C1 1008 )9<16) 1'28'40" 1'1)0,,,'54"1' 10,07
~ '.' ~ ~" '-<'" ,,, (JAtlnELbrottal' CNiIHlUDU .... n.uruwcolr.fTY COUl'AOO , .. ,.,
11.'1 Tr.~II'OHAR~ CO/ISnUCfION FAsr, -I!XIIIII.r,\· ctl NO , 1)1 '",\::,1"11 ):,11
tnr'.1 11" r .!.J (II III>} S~C 14, TlS, R\I1W IOf-! rb.III':\1,:I-II!I,,,(H1 I CI.:,11
......... 1-., ....... 11i.,tJ1 .11 1o«1O
Owner Cor-If act Assessor
Physical Address 2 121 137 COUNTY ~C
G . .E:~WOOD SPR If\JGS 8 i 60 1
Ao{j~tYI" f-Rop, Oc..,4~/J Z(~3? 'i ~oo IJ-t?..
Garfield County Land Explorer g // (, /1 7-
Parcel Physical Address Owner Account Mailing Address
Num
212313200049 398 136 COUNTY RD INYANGA RANCH LLC R030072 PO BOX 8020 GARDEN CITY,
GLENWOOD SPRINGS NY 11530
212323200064 Not available NEW LANDS WEST R040235 3290 NORTHSIDE PARKWAY
CASTLE VENTURES, INC SUITE 375 ATLANTA, GA
30327
212324100189 2518137 COUNTY RD OKANELA BARN LLC R041 005 141 E MEADOW DRIVE, SUITE
GLENWOOD SPRINGS 211 VAIL,C081657
2123242001'52 2121 137 COUNTY RD Contact Assessor R040362
GLENWOOD SPRINGS
212324200171 Not available NEW HOLM, scon A & R040382 3745 DREXEL COURT EAGAN,
CASTLE PAMELAJ MN 55123
212324200176 2425 137 COUNTY RD 0000, ROBERT A & R006182 2425 COUNTY ROAD 137
GLENWOOD SPRINGS HILLERYS GLENWOOD SPRINGS, CO
81601
212324300158 2068 137 COUNTY RD TANKERSLEY, TERRELL R040371 PO BOX 5095 BELLAIRE, TX
GLENWOOD SPRINGS H & PATRICIA S 77402
212324300158 2068 137 COUNTY RD TANKERSLEY, TERRELL R040371 PO BOX 5095 BELLAIRE, TX
GLENWOOD SPRINGS H & PATRICIA S 77402
212324300159 1944 137 COUNTY RD RIGHTMIRE, ROBIN A II R040372 1944 COUNTY ROAD 137
GLENWOOD SPRINGS &CYNTHIAJ GLENWOOD SPRINGS, CO
81601
212324300160 1831 137 COUNTY RD MAZNIO, STEVE R & R040373 1867 COUNTY ROAD 137
GLENWOOD SPRINGS MAUREEN A GLENWOOD SPRINGS, CO
81601
ROW Not available null
1111111111111111111111111111111111 IIUI III 11111 11111111
629909 06/19/2003 03 128P 81483 PtS M ALSDORF
2 or 4 R 21.00 0 48. 7S GAR FIEI-D eou,~TY co
EXHIBIT A
'" PARC)l:L (lP LJ\NIl SJ:TUATlm IN THE Jm'1/! OF SECTION :u.. 1'OWII'SHIP S SOUTH, RlUfGli:
'0 "a:~'l' OP THE 8l:X'r.K PItI:NC:IPIIL )fRR:ID:IAN, COI»lT~ 0]7 OAA7IELD, BTArE Olr
COLOnA»O, SAIP PARCSL B~:I~a MORE PARTICULARtY bESCR:IBED AS rDLLOWB.
C()~INQ AT TBB NORi'H IjjU.ARTlm OOJUUIR 01' 811IP 5K~rION 24, THBNCE S 41 DEGREES
40' 37· W A DISTANCE OP 1171.48 ,EXT TO 11 POINT o~ THE cmNTBR~INE OF A 3~.oa
lOOT WIDE ACC~SS gAS~MSNT; TH$NCB S 2S DBGRE~S 5;' C~M Z A~ONG SAID CENTERLINK
11 DIST~CE OF 118.82 FEET; THiKeE CONTINUING ALONG BAlD CEHT~RLINS ALONG THE
ARC OF A CUltVE: TO THill RIGHT JlAVING 11 RADIUS 01' :ali. 02 l",EET 1IHtJ A CII:N'l'.IlAL AMGLI!:
OP 16 DEGREES 27' 47·, 11 bISTANCI OB 62.07 PEBT )CHORD DEARS S 18 ~~~R.ES 43'
56" E 61.B6 F~a~), THENCE CONttNUINQ ALONG S~ID CBNTER~INE S 10 O~GRR~S 30' O~·
B 11 DISTANCE or ~l.~S YBRT, THEMe! CONTINUING ~LONG BAlD CBNT&R~lN~ ALONQ THE
ARC OF' A CUR'\I1!: TO rilE LEi"}' HAVING A IU.DIUS OF 960.00 PEET AND 11 CI!:NTRAL ANGLE
OF 15 DEQlU!iBS 52' 46", A DISTANCB 01' .2 6ti .0 Ii r:E:s'r (CHORD BEM8 S 18 DEGRIR2S 26 I
lS· E ZGS.21 r&RT)/ THBNCS COHT:INUING ALONG SA~D CR~BR~INB g 26 DEGREBS aa'
18 ft E ~ DXSTANCE OF aa.l0 PE~I THBNC~ CONTINUING ALONG SAID CENTBHLIHE ALONQ
THE Me OF 11 ctmVII: TO THE LEFT HAVING ~ RA»;tUS CF 237. U PBET AND A CENTRAL
ANGLE OF 11 DEQRaZS 43' 52", A D~STANCE or 48.&2 F3&T (CHORD BEARS B 32
DEGREES 14' 44." • 4B. 53 FEST) I TKIi:NCB CClNT%NUINU At.ONG SAlD CENTERLINliI S 38
DEGRIilIilS 06' 3!1" B A DlSTJ\NCE OF 46.1' FEST; 'nmm:B CONTINUING ALONG SAiD
CEKTRRuINE ALONG ~B ARC OF A CUkVE 70 THB ~lGH~ NAVINQ A nADIUS OF 731.19
lOEBT AND A CEN'tML ANGt.s:: 01' 17 DICCRIi:ES U' U". A p:rSTIUlCS or 226.'1 lI'BET
(CHORD BEARS S 29 DEGR!J:S U' 1!i II E 2.26.00 nlEor); THIlUfCIi: CONTINUING AloQNG SAID
CENTERLINE S 20 D~RBBS 19' SO" E A D~BTANC~ OP a73.01 rm8~; THENCE CONTINUING
ALONG BAlD CEN~BRLINB ALONa TEE ARC or A ~URVi TO TaE ~lGHT HAVING ~ RAPtUS OF
69~.50 FBET ANn A CENTRAL AN~LB OF 08 DEGREES 34' '2", A PIsrANCR OF 104.7~
l!'gET (CHOlU) BEARS 5 16 DJCGRlBS O~I .2!1" E lU.63 II'lilliiT»THRNCB OONTlNUING ALONG
BArD CENTERLINE: Ii 11 DBQlI.DS 45' OS" 1: A-OYSTANCR or ~" 49 FEBTt THBNCK
CONTiWmG ALONG SA~D C:l!)NTBRt.~. ALONe THE ARC Oli' A CURVE TO THE LEFT HAVING A
kAOIUS OF 174.00 FiET ~ A CENTRAL ANGLE or 16 DacR~es 43' 47", A DISTANCe OJ
50.91 PEET (CHORn DEARS S 20 PEGRBBS 07' 02" K 50.'3 1I'2ET) , THENCE CONTlNUIN~
ALONG SAID CEHTBIU .. ItUC S ;as D2:QREliS 28 I liS" " A J1:ISTllNCE 01' 1!J2. 05 FKETJ 'l'HBNCE
CONT!lWlHG ALONG SAID CEN'l'ERLXJItIC ALONG THIl: ARC OF A CURVE 'IO THK LEP'r 1lAVINCI A
RADIUS OF 22~.~~ FBET AND A CENTRA~ ANG~ or 22 DBGRIES 37' S7 K , A DIBTANCg OF
0,9,55 nET ~C1IORD BEARS S liI DE(,1F.I1:SS .7'5'" E 88.96 neT), THlrnC! S 51 DEGRBES
06' 52" E A OtS'l'ANCE OF 39.20 FEST! TRENCS CONTINUING ALONG SAID CBNTlRLIHa
~NQ ~ ARC OF A CURVE TO THB RIGHT HAVXN~ A RADIUS OP 100.97 iiE~ AUO A
Cli:NTII.M. Al'CQLlil OP 46 DEGREES 02' 36''', A OIS'l'AlfCI!: Oli' Sl.06 lr:a::.:r {CHOR~ ilEUS B 211
CEGRBIS OS' 34" & 78.90 FEETt TO A POINT ON THE NO~~RL~ RIGHT-O'-WAY OF
COUl~ R(l1<P NO. 137; THENCE LEAVING BAXD CENTBRL:INE ALONG SA:tD UGHT.Op.a,AY
MONc.1 THE ARC OF A CURVE TO THE RIGHT HAVING A RAP:IUS OF 22S. 00 PEaT AND A
CEN'.I:RAL ANGL. 0' 13 DRGRRES 53' 5if", A PIS'l'ANCB: OF 54.58 1"Esr (CHORD BII:AJ!,s K U
DEGRS!!:S 2t' .:l3" " S'" •• 5 PERT) 1 THENCS CON'l'INUING Jl.LONG SAlJJ U(m'l'-OJl'-IfAY N 56
DEGftEBS 21' 33" 11 DXSTANCE or 91.98 l!'8ETI THSNeS CO~TlNUING ALONG SAlD
RXGaT-OF-KAY ALONg THB ARC or A CURVE TO THE LEFT HAVING 11 RAPtus OP 589.$2
rSST lIND A CBNTRAL »taLI!: OF 19 PBGRRI!S 4.0' 12", A DISi'NI'CK 01' 192.19 PBn"
(CHORD BBARS N ~5 Tl:£GR2Jjl5 47' 39" W 191.35 FEET); THENCE CONTIKlIINQ: ALONG SA:ID
RIGHT-Op'·WAY' If 15 !;lEGR2J)S 07' 45" ff A nYSTANCE OF 53.59 FEBT/ THBNCE CONTlNUxNQ
ALONG SAID RXGHr-oi-~Y ~t.ONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADlUS
OF 136.90 PIET ~ A CSNTRA~ ~QLS OF 4~ DEGREES 0" 19', A DISTANCE OF 95.~5
PEET (CHORD 8BARS N 55 PEGREES 03' 06" W 93.99 PEET); THENCE CONTlHU:ING ALONG
SAID RIGHT-O'-WAY N 3. DE~RBBS SB' 25" W A OX STANCE OP 58.31 fB~Tj TRENCE
CONTINUING ALONG SAID RlGHT-OF-WAY ALONG TKg ARC OF A CURVB TO THE LEFT HAVING
A RADIUS OF 87.50 ¥EBT AND A CENTRA~ AHGL~ OF 79 DEGRBES 52' 43", A DISTANCE ol
121.!J9 FBE'T (CliORD BIOARS N 14. DBQREBS 54 I 4.7" If 112 .35 FEET) i THENCB
CONrlNUINt: ALONG SAID Rl:GftT-OP-WA'l CONTINUING ALOlfG BAID ClJRVE '1'0 THE LEF'r
lfAVING A RADIUS O~ 81.!S0 FEST AN1l A Cl!:N'rAAL J\,NGl.E OF Ii 6 DBGRI!lBS 16' 3 a". A
DISTANCE OF 101.21 FBST IcaORD BEARS S 32 DsaR~KS 00' 3&" W 95.66 PBETll
TH~NCB CONTINUING ALONG SAID R.OH'r-OF-WAY S 01 DEGREBS 0" 41" 8 A b!BTANCS OF
~2.96 FEET, THENCE CONTXNUING A~NG SAID RIGHT-Op·WAY ALONG Tag ARC Or A CURVE
TO THE RIGHT HAVIN~ A RADIUS OF 291.11 FBIT AND A ~BNrAAL ANGLE OF 16 DEG~BES
~7' 36 n , A DIsrANCE or 83.65 F~T (CHORD DEAlS S 07 DEQREES 06' 07 N " $3.36
FEEr), THENCE CONT~NUIHG ALONG SAlD RIGBT·OF-WA~ $ 15 DEGRBBS 19' SS~ w A
DISTANCE OF 1L4.80 PSITI TKZKCB epNTlNUZNQ ALONG SAID R!G8T-O'-WAY ALONG TK~
ARC OF ACURVB TO THE RIGHT HAVING A RADXUS 0. 25.€S PEET AND A C£NrRAL ANGLE OF
WZ4D1t90
lt~~1111111111111111/ 1II1I JIIIIIIIIIIIIIlIIIII 1111 ',11 a 01 06/19/2003 03 :2!P 61483 PS9 H ALSOORF
of 4 R 21 .00 D 4&,15 GARFIELO COU~TY CO
EXHJ:;BlT A
\17 DEGJlEBS 21' 16''' A DISTANCE 017 3'.11 .EST (CHOJUI BEARS 8 59 DEGRBSS DO' 33"
" 35.43 .Ea~)J TEKNCE COK~INV~NG ALONG SAID Rr~T-OP-WAY N 11 DEGRgSS 18' 49"
W A D:ISTANCH OD' 25.43 PUT, l'HIIINCE CONl':tHU'DfG ALONG SJIIID RIGHT-or-WAY AIoONG TUIII
ARC 017 A CURV. TO ~HI LB.T HAVING A RADIUS OF 227.00 PEET AND A CBNTRA~ ~LE
017 45 DEGREES D~' 3~B A ~tsTANCE OP 182.68 pBBr (CHORD BEARS B 7g DEGREES 37'
53 n W 117.79 FEET}; r.HENCB CONTINUING A~ONG SAID RXQRT-OF-WAY S 56 DEGREES 34'
3E" W A DISTANce OF 1a4.02 PEEl TO A POlNT ON THI BAST-WEST CE~8RL!NS Of SAID
SRCTION 24j THENCE S 88 PRGRKES 37' OS" W ALONG SAIP EAST-WIST CENT£RLINE A
nrSTANCI OF 92.77 ,BST TO A POINT ON THE WESTERLY R!~T-O~-WAY OF COUNTY ROAD
NO. 1.36; THENCIil N 30 DIiiGllEIIS 56' 1.4" IS ALONG SAID wI!CSTBP.t.1' RlOllT-Oll'-WAY A
DrSTANC~ OF 61.51 FBsr, THBKC£ COHTlNU~NG ALONG SAln kiGHT-Or-WAY ALONG THB ARC
OF A CURVE TO THE LilT HAVING A RADIU~ OF )~Q,~3 rEliT AND A CINTRAt ANGLE OP 31
DEORJ:lKS D7' 13", A DlS'l'AHCIl OF 2U .17 nET (CflORD BEARS N 15 [)I!:Grusts ~ 2' 38" R
20~_5' 'BET) J THBNCE CONTIWIIIG Al.ONG SAID R~GHT-O/r-WAY M 00 DII:GRUS 10' 58" W
A DISTANCE OP 221.13 F2STI THENCE CONTINUING ALONG SAID RIGHT-Or-WAY ALONG THB
~c or A CUR~ TO 'l'HE RIGH.T W.VIl(O A RllDIUS OF 78"36 liEn AND A CENTltAL AKGlr.lt
or 09 DEGREES 31' 17 R • A pIS'rANCE 07 116.S5 FEEr (CHORD B~ARS N ot DEGREBS 04'
(111 E l1G.SS P'BET)} THENCE COl'l'I'IHUI:NG ALONa SAIl) RIGKT-Ol'-WAY N 09 DlCQaEBS 20'
19" i: A DISTANCe: Oli' 48.08 FEET, 'lJlENCE CONTlNUl.NG ALONG SAID ~IGH'r-Ol;'.WAY ALONI3
THE ARC or A CURVII TO ~ LEFT HAVING A RAD:J:US 011' 210.7'1 F&:ZT AND A CKNTRltL
ANGLE 011' 36 DEGREES 48' 4L". A DI8TANCB or 135.t2 FBET (CHORD BEARS N lO
DKGRilBS 0" 02" W 133.10 FEET I , TlIIINOli: CONTINUING AIoONa SAIIl RIGHT-OF-WAY N 2 B
DKGRI:ES :la' 23 8 W A nrSTANCIl OF 111.41 P8lfT; mBNea OONTlNUINQ At.ONG SAID
RIGH'r-Olf-WAY "IoONG 'l'H~ AAC OF A C!JRVZ TO TlUlI RXOH'l' HAVING A RADIUS (l" 1i51. 6'/
PEET AND A CENtJA~ lNOLB OF 18 D&GREBS 32' 03", A DxSraNCI O~ 210.80 rBET
(CHORD BBARS tI 19 DB~llIB.s 12' :lZ" 1M 20'. B!I P211'l'1J 'l'HElNCE (lONTINUl:NC ALONG SATD
RIGHT-OF-WAY N 09 l)2GREl!lS 56' :10" 1M A DISTAHCa: 01' 5:"31 'BS'1'; 'l1fDCB COH'tlNU:tNt;
ALONG SAID RIGH~-OrMWAY A~ONG THB A~C 0. A CURVS TO TH~ L~.T HAVINO A ~IUS
OF 237.0l FEE'l' AND A c:mHTRAL ANGLE OF 17 DEGluiSS 33' 08", A PISTANCB 011 72.61
PER':!: (C"ORO !lEARS N 19 PI2GREES 31' 01" " 7.2.33 PilET)} 'l1!lmCll: CONrINtl'lNG lLOHG
SUD RIGHT-OP-l'IAY N 28 DBGRKES 17' 35" If A DISTAl{CB OF !:iO.5il FEETJ 'J'HB1iCB
CONTINUING ALO~G SAID RXGRTMO,-wA'lt ALONG 'l1m ARC OF A CUHVK '1'0 ·J.'Hb: iI."YI1.',· HAVIlKI
A R1IJ.)XUS 0.. :3 23 • 12 FltK'l I'.ND A CIIIN'l'rtAL ANGLE OF 23 DEGREES !i ii' 2 B ", A DI8'l'ANCI:
O~ 135.~O FEBT (CHORD BEARS N 16 DEGREES 17' 51 R W 13~.31 FRET); THENCE
OONTXNUING AIoO~~ SAI:D RXGHT-Or-WAY N 04 DEGR£~S 1S' 07~ W A DISTANCE OP 137.3~
HBSTr ~HB~CE CONTINUING ALONe BAlD RIGUT-Q,-WAY ALONG THE ARC OP A CURV~ TO THE
~~P'l' HAVING A RADIUS 0' 194.12 FliT AND A CEHTRAL ANGLR OF 3~ DBGREBS 49' 09",
A DIStAJICE OJ' US.4!) 1I'Eli:T (CHORD BBARS N 20 DEGREES 42' 41" N 104.03 FEZi'll
'latHea CONTINUING ALOHG SAID RIGHT-OF-WAY K 31 ~~RB!S 07' 15-N A DISTAHCE OP
70.83 PEET, TRENCE ~EA~ING SAID RIGHT-O'-Nk~ N 67 DEaRB~S 51' 21" g A DlSTANCE
OF sal.93 FDT '.CO 'l'J(I! POl:NT OE' BsOtNlfING.
COUMn OF GARnBt.D
BrATB OJ' COLORAl)O
GI/24D~9"
11111111111111111 1111111111111111111111111111111111111
629909 06/19/2003 03.25P 81483 P100 " ALSDORF
4 of 4 R 21 .00 D 48.15 GARFIELD COUNTV CO
EXHIBIT Ollr Order No, GW240496
THB BfPECT OF l~CI..USIONS IN ANY OBNBRAL OR SPECIFIC WATBR CONSBRVANCY,
I'IRB PltOT2CTlON, SOIL CONSHRVATION OR OTHER DlSTRlCI' OR INCLUSION IN
ANY WATBR SERVICE OR STIU!JiT IMPROVBMBNT AREA. \
WATBRRlGHTS OR CLAIMS TO WATER RlONTS.
IUOHT OF PROPRIETOR OF A VHlN OR tOl>B TO eXTRACT AND REMOVE! HIS ORE
THEREfROM SHOULD THI! SAME BE POUND TO l>SN.eT~AT£ OR INTERseCT THE
PREMISES AS RESERVED IN UNITED STATES PATENT RECORDBD AI'RIL 3(), 1925,
IN BOOK 112 AT PAGB.587 .
ruGHT OF WAY FOR OlTmES OR CANALS CONSTRUCTBD BY THB AUTHORITY OP THH
UNITEn STATES AS l<ESI!RVSD IN UNITED STATES PATENT RECORDED APRIL 3tJ,
19l5, IN BOOK 112 AT PAOSS87.
RIGHT 01' WAY FOR STOCK DRIVEWAY AS GRANTBD TO UNITED STATES IN DEED
RECORDED AUG(JS1.' 8. 1941lN BOOK 205 ATPAGB217.
ruGHT OF WAY FOR ROADWAY AS GRANTED TO ANNA M, SCOTT IN DEEDS RECORDED
PBBRUARY 3, 19l21N BOOK 66 AT PAGE 122 AND RECORDED DECEMBER 3, 1912
IN BOOK.50 AT PAGE S32 WlUCH READS AS FOLLOWS: "A 60 FOOT ROADWAY.
WITH NBCESSARY TURNOUTS, COMMBNClNG AT A POINT ON THB BAXTER ROAD IN
SBCTION 24. TOWNSHIP 5 SOUTH, RANGE 90 WEST. AT OR NEAR BAXTER GATB;
THENCH BY MOST POSSIBLe ROUTE ACROSS S6CTION 24, ACROSS CANON CRBEK
TO A CONNBCTlON WITt! ROAD LEADING TO SCOTT RANCH.·
EASEMENT AND ruGHT OJ! WAY FOR THB USB, OPERATION AND MAINTENANCB OF
THE WIlLIAMS CANAl.. AS GRANTED TO THB WILLIAMS CANAL COMPANY IN DEED
RECORDED MAY lSI. 1975 IN BOOI< 474 AT PAGEH,
OIL AND GAS LEAse BtiTWEf!N BRINKLEY B, BROWN AND THE LOUISIANA LAND AND
EXPLORATION COMPANY RElCORDBD JUNE24. 1985 IN BOOIC 671 AT PAGE 100
AND RE·RECORJ)ED OCTOBER 31, 1985 1N BOOK 613 AT PAGE 28 AND ANY AND
ALL ASSIGNMENTS THEREOf, OR INTEREST THBREIN.
EASEMEN'I'S. RIGHTS OP WAY AND OTHBR MA TIERS AS SET FORTH ON 'fMB GLf\S
SUBDIVlS[ON l!XP.MPTION PLAT RECORDED NOVEMBER 19, 1996 AS RECEPTION
NO. 501220.
EASEMENTS AND RIGHTS OF WAY FOR ROADS, STRHETS, HIGHWAYS, DITCHES,
CANALS. PIl'lUJNES AND UTILITY LINES AS CONSTRUCfED AND IN PLACE.
NOTE : UPON RECEIPT OF A SURVEY, MBBTCNG THl! ALTA MINIMUM STANDARDS FOR
CONTBNT AND ACCURACY, THB HXCSPTION SHOWN ABO VB WILL BE D&'ETED.
PROVIDED HOWEVER, THAT LAND TITLE GUARANTIm COMPANY RESERVES THE
R1GRT'l'O ADD ANY EXCEPTIONS IT DEBMS NECESSARY FOR MATTBRS DISCLOSED
BY SAID SURVDY.
TIlIWS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF UNDERSTANDING
RECORDED FeblUlll}' lB. 19981N BOOl{ [053 AT PAGE !l01l.
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: May 1,2014
File No. 1404063
Property Address. 2121 County Road 137, Glenwood Springs
Peak Surveying, Inc.
110 E. 3rd Street, Suite 204
Rifle, CO 81650
Attn: Jason Neil
Email: jason@peaksurveyinginc.com
Colorado River Engineering:
136 E 3rd Street
Rifle, CO 81650
Attn: Eric
Email: ericb@coloradorivereng.com
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No. 1404063
1. Effective Date: April 25, 2014 at 7:59 AM
2. Policy or Policies to be issued:
(a) ALTA OWNER POLICY (ALTA 6-17-06)
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:
Gene Trexler and Cynthia P. Trexler
4. The land referred to in this CUIIlIIlilrmmt is situated in the County of Garfield, State of Colorado and
described as follows:
See Attached Exhibit "A"
TITLE CHARGES
Owner's Policy Standard Coverage $550.00
COUNTERSIGNED: ______________ ~P~a~t~rt~'c~k~~~u~~~~ve~a~r ____________________ _
American Land Title Association
Schedule A
(Rev'd 6-06)
Authorized Officer or Agent
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. 1404063
ExmBIT "A"
A PARCEL OF LAND SITUATED IN THE NWY4 OF SECTION 24, TOWNSHIP 5 SOUTH, RANGE 90 WEST OF
THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 24; THENCE SOUTH 47°40'37" WEST
A DISTANCE OF 1171.48 FEET TO A POINT ON THE CENTERLINE OF A 30.00 FOOT WIDE ACCESS
EASEMENT; THENCE SOUTH 26°57'49" EAST ALONG SAID CENTERLINE A DISTANCE OF 118.82 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING
A RADIUS OF 216.02 FEET AND A CENTRAL ANGLE OF 16°27'47", A DISTANCE OF 62.07 FEET) CHORD
BEARS SOUTH 18°43'56" EAST 61.86 FEET) THENCE CONTINUING ALONG SAID CENTERLINE SOUTH
10°30'02" EAST A DISTANCE OF 62.95 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG
THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 960.00 FEET AND A CENTRAL ANGLE OF
15°52'46", A DISTANCE OF 266.06 FEET (CHORD BEARS SOUTH 18°26'25" EAST 265.21 FEET); THENCE
CONTINUING ALONG SAID CENTERLINE SOUTH 26°22'48" EAST A DISTANCE OF 82.10 FEET; THENCE
CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A
RADIUS OF 237.45 FEET AND A CENTRAL ANGLE OF 11°43'52", A DISTANCE OF 48.62 FEET (CHORD
BEARS SOUTH 32°14'44" EAST 48.53 FEET); THENCE CONTINUING ALONG SAID CENTERLINE SOUTH
38°06'39" EAST A DISTANCE OF 46.17 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG
THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 73l.19 FEET AND A CENTRAL ANGLE OF
17°46'49", A DISTANCE OF 226.91 FEET (CHORD BEARS SOUTH 29°13'15" EAST 226.00 FEET); THENCE
CONl1NUINU ALONG SAID CENTERLINE SOUTH 20°19' 50" EAST A DISTANCE OF 373.01 FEET; THENCE
CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 699.50 FEET AND A CENTRAL ANGLE OF 08°34'42", A DISTANCE OF 104.73 FEET (CHORD
BEARS SOUTH 16°02'29" EAST 104.63 FEET); THENCE CONTINUING ALONG SAID CENTERLINE SOUTH
11 °45'08" EAST A DISTANCE OF 64.49 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG
THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 174.00 FEET AND A CENTRAL ANGLE OF
16°43'47", A DISTANCE OF 50.81 FEET (CHORD BEARS SOUTH 20°07'02" EAST 50.63 FEET); THENCE
CONTINUING ALONG SAID CENTERLINE SOUTH 28°28'55" EAST A DISTANCE OF 192.05 FEET; THENCE
CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS
OF 226.69 FEET AND A CENTRAL ANGLE OF 22°37'57", A DISTANCE OF 89.55 FEET (CHORD BEARS SOUTH
39°47'54" EAST 88.96 FEET); THENCE SOUTH 51°06'52" EAST A DISTANCE OF 39.20 FEET; THENCE
CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HA VING A
RADIUS OF 100.87 FEET AND A CENTRAL ANGLE OF 46°02'36", A DISTANCE OF 8l.06 FEET (CHORD
BEARS SOUTH 28°05'34" EAST 78.90 FEET) TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF COUNTY
ROAD NO. 137; THENCE LEAVING SAID CENTERLINE ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF
A CURVE TO THE RIGHT HAVING A RADIUS OF 225.00 FEET AND A CENTRAL ANGLE OF 13°53'59", A
DISTANCE OF 54.58 FEET (CHORD BEARS NORTH 63°24'33" WEST 54.45 FEET); THENCE CONTINUING
ALONG SAID RIGHT-OF-WAY NORTH 56°27' 33" WEST A DISTANCE OF 9l.98 FEET; THENCE CONTINUING
ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 589.82
FEET AND A CENTRAL ANGLE OF 18°40'12", A DISTANCE OF 192.19 FEET (CHORD BEARS NORTH
65°47'39" WEST 191.35 FEET); THENCE CONTINUING ALONG SAID RIGHT-OF-WAY NORTH 75°07'45" WEST
A DISTANCE OF 53.59 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A
CURVE TO THE RIGHT HAVING A RADIUS OF 136.90 FEET AND A CENTRAL ANGLE OF 40°09'19", A
DISTANCE OF 95.95 FEET (CHORD BEARS NORTH 55°03'06" WEST 93.99 FEET); THENCE CONTINUING
ALONG SAID RIGHT-OF-WAY NORTH 34°58'25" WEST A DISTANCE OF 58.31 FEET; THENCE CONTINUING
ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 87.50
FEET AND A CENTRAL ANGLE OF 79°52'43", A DISTANCE OF 121.99 FEET (CHORD BEARS NORTH
74°54'47" WEST 112.35 FEET); THENCE CONTINUING ALONG SAID RIGHT-OF-WAY CONTINUING ALONG
SAID CURVE TO THE LEFT HAVING A RADIUS OF 87.50 FEET AND A CENTRAL ANGLE OF 66°16'32", A
DISTANCE OF 101.21 FEET (CHORD BEARS SOUTH 32°00' 36" WEST 95.66 FEET); THENCE CONTINUING
ALONG SAID RIGHT-OF-WAY SOUTH 01°07'41" EAST A DISTANCE OF 62.96 FEET; THENCE CONTINUING
ALONG SAID RIGHT-OF-WA Y ALONG THE ARC or A CURVE TO TIIE RIGIIT IIA VING A RADIUS OF 291.17
FEET AND A CENTRAL ANGLE OF 16°27'36", A DISTANCE OF 83.65 FEET (CHORD BEARS SOUTH 07°06'07"
WEST 83.36 FEET); THENCE CONTINUING ALONG SAID RIGHT-OF-WAY SOUTH 15°19'55" WEST A
DISTANCE OF 114.80 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A
CURVE TO THE RIGHT HAVING A RADIUS OF 25.65 FEET AND A CENTRAL ANGLE OF 87°21'16" A
DISTANCE OF 39.11 FEET (CHORD BEARS SOUTH 59°00'33" WEST 35.43 FEET); THENCE CONTINUING
ALONG SAID RIGHT-OF-WAY NORTH 77°18'49" WEST A DISTANCE OF 25.43 FEET; THENCE CONTINUING
ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 227.00
FEET AND A CENTRAL ANGLE OF 46°06'36" A DISTANCE OF 182.68 FEET (CHORD BEARS SOUTH 79°37'53"
WEST 177.79 FEET), THENCE CONTINUING ALONG SAID RIGHT-OF-WAY SOUTH 56°34'36" WEST A
DISTANCE OF 124.02 FEET TO A POINT ON THE EAST-WEST CENTERLINE OF SAID SECTION 24; THENCE
SOUTH 88°37'05" WEST ALONG SAID EAST-WEST CENTERLINE A DISTANCE OF 92.77 FEET TO A POINT
ON THE WESTERLY RIGHT-OF-WAY OF COUNTY ROAD NO. 136; THENCE NORTH 30°56'14" EAST ALONG
SAID WESTERLY RIGHT-OF-WAY A DISTANCE OF 63.57 FEET; THENCE CONTINUING ALONG SAID
RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 390.63 FEET AND A
CENTRAL ANGLE OF 31°07'13", A DISTANCE OF 212.17 FEET (CHORD DEARS NORTH 15°22'38" EAST 209.57
FEET); THENCE CONTINUING ALONG SAID RIGHT-OF-WAY NORTH 00°10'58" WEST A DISTANCE OF
221.13 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE
RIGHT HAVING A RADIUS OF 784.36 FEET AND A CENTRAL ANGLE OF 08°31'17", A DISTANCE OF 116 .65
FEET (CHORD BEARS NORTH 04°04'41" EAST 116.55 FEET); THENCE CONTINUING ALONG SAID
RIGHT-OF-WAY NORTH 08°20'19" EAST A DISTANCE OF 48.08 FEET; THENCE CONTINUING ALONG SAID
RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 210.77 FEET AND A
CENTRAL ANGLE OF 36°48'41 ", A DISTANCE OF 135.42 FEET (CHORD BEARS NORTH 10°04'02" WEST 133.10
FEET); THENCE CONTINUING ALONG SAID RIGHT-OF-WAY NORTH 28°28'23" WEST A DISTANCE OF
111.47 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE
RIGHT HAVING A RADIUS OF 651.67 FEET AND A CENTRAL ANGLE OF 18°32'03", A DISTANCE OF 210.80
FEET (CHORD BEARS NORTH 19°12'22" WEST 209.89 FEET); THENCE CONTINUING ALONG SAID
RIGHT-OF-WAY NORTH 09°56'20" WEST A DISTANCE OF 53.31 FEET; THENCE CONTINUING ALONG SAID
RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 237.03 FEET AND A
CENTRAL ANGLE OF 17°33' 08", A DISTANCE OF 72.61 FEET (CHORD BEARS NORTH 19°31'01" WEST 72.33
FEET); THENCE CONTINUING ALONG SAID RIGHT-OF-WAY NORTH 28°17'35" WEST A DISTANCE OF 50.50
FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 323.12 FEET AND A CENTRAL ANGLE OF 23°59'28", A DISTANCE OF 135.30 FEET
(CHORD BEARS NORTH 16°17'51" WEST 134.31 FEET); THENCE CONTINUING ALONG SAID
RIGHT-OF-WAY NORTH 04°18'07" WEST A DISTANCE OF 137.33 FEET; THENCE CONTINUING ALONG SAID
RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 184.12 FEET AND A
CENTRAL ANGLE OF 32°49'08", A DISTANCE OF 105.46 FEET (CHORD BEARS NORTH 20°42'41" WEST 104.03
FEET); THENCE CONTINUING ALONG SAID RIGHT-OF-WAY NORTH 37°07'15" WEST A DISTANCE OF 70 .83
FEET; THENCE LEAVING SAID RIGHT-OF-WAY NORTH 67°51 '21" EAST A DISTANCE OF 581.93 FEET TO
THE POINT OF BEGINNING.
File No. 1404063
SCIllinULE 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.
This commitment is for informational purposes only and no policy will be issued.
NM6
American Land Title Association Commitment
Schedule B -Section I -Form 1004-5
DISCLOSURES
Colorado Division of Insurance Regulation 3-5-1, Article 7, Paragraph G requires that "Every title insurance company shall be
responsible to the proposed insured(s) subject to the terms and conditions of the title insurance commitment, other than the effective
date of the title insurance commitment, for all matters which appear of record prior to the time of recording whenever the title
insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owners policy
of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed."
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. § 1 0-11-122 , 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.
D) The company will not issue its policy of policies of title insurance contemplated by the commitment until it has been provided a
Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent; or
until the Proposed Insured has notified or instructed the company in writing to the contrary.
C .R .S . §30-10-406 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, except that, the requirement for the top margin shall not apply to documents using
forms on which space is provided for recording or filing information at the top margin of the document.
Pursuant to C.R.S. §1O-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, leased, 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 pennission.
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. §39-22-604.5 (Nonresident withholding).
Pursuant to C.R.S. §38-35-125(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. §39-14-102 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.
Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above
conditions are fully satisfied.
File No. 1404063
SCHEDULE B -SECTION 2
Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unles s 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, ifany, created, first appearing in the public records or attaching subs equent
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 canal s as constructed by the authority of the United States, as reserved in United
States Patent recorded April 30, 1925 in Book 112 at Page 587 .
(view)
10. Terms of Agreement recorded December 3, 1912 in Book 50 at Page 532.
(view)
11. Any question, dispute or adverse claims as to any loss or gain as a result of any change in the river bed location by other than natural
causes, or alteration through accretion, reliction, erosion or avulsion of the center thread, bank, channel or flow of waters in Canyon Creek
lying within subject land; and any questions as to the location of such center thread, bed, bank or channel as a legal description monument
or marker for purposes of describing or locating subject lands.
12 . Right of Way for County Road 137 and County Road 136.
13 . Easement and right of way for any existing irrigation ditches, laterals, canals or pipelines including but not limited to the easement
conveyed to the Williams Canal Company in deed recorded May 19, 1975 in Book 474 at Page 44 .
(view)
14 . Garfield County Resolution No. 96-71 recorded November 8,1996 in Book 999 at Page 266.
(view)
IS . Terms and conditions of Memorandum of Understanding recorded February 18, 1998 in Book 1053 at Page 908.
(view)
16 . Terms and conditions of Memorandum of Agreements recorded August 8, 2001 in Book 1275 at Page 866.
(view)
17 . Terms and conditions of water allotment contract as evidenced by Memorandum of Water Allotment Contract recorded August 9, 2002 in
Book 1376 at Page 856.
(view)
Application for assignment of ownership recorded September 2, 2003 in Book 1513 at Page 318 .
(view)
18. Terms and conditions of Pipeline Easement recorded March 31 , 2005 in Book 1674 at Page 773 .
(view)
19 . Pipeline Easement granted to Terrell and Patricia Tankersley in instrument recorded March 31, 2005 in Book 1674 at Page 773.
(view)
(Continued)
File No. 1404063
SCHEDULE B -SECTION 2
(Continued)
20. Terms and conditions of Dry-up Covenant recorded August 19,2005 in Book 1718 at Page 756.
(view)
21. Terms and conditions of Stipulation and Agreement recorded April 3, 2008 as Reception No. 745955.
(view)
22. Easements, rights of way and all other matters shown on the Glas Subdivision Exemption Plat recorded November 19, 1996 as Reception
No. 501220.
(view)
23. Right of way for ditches and canals in place and in use.
NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN THE POLICY TO BE ISSUED HEREUNDER.
The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B -
Section 2, the following items:
(1) The Deed of Trust, ifany, 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
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 intormation -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 non public 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 information 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
pcriod aftcr which any customcr rclationship has ccascd. 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.
LINE TABLE
LINE BEARING LENGTH
Ll N75 °07'45 "W 53.59'
L2 N34°58'25"W 34.82'
L3 S55°59'0 1 "E 64.75'
L4 S62°05'46"E 2.77'
L5 S27°54'14"W 10.00'
L6 S62°05'46"E 57.72'
L7 S02°50'30"E 10.00'
L8 N34°58'25"W 15.16'
L9 N25°1O'15"W 60.00'
LlO S34°58'25"E 23.49'
CURVE TABLE
CURVE RADIUS LENGTH TANGE~T'f CHORD BEARING DELTA
Cl 589.82' 72.53' 36.31' 72.48' N71°36'24"W 07°02'44"
C2 136.90' 95.94' 50.04' 93.99' N55°03'06"W 40°09'13"
C3 120.00' 77.17' 39.97' 75.85' S74°24'26"E 36°50'51"
C4 460.00' 49.07' 24.56' 49.05' S59°02'23"E 06°06'45"
C5 110.20' 57.87' 29.62' 57.21' S72°06'52"W 30°05'15"
C6 27.50' 37.34' 22.19' 34.54' N73°52'25"W 77°47'58 "
C7 87.50' 121.33' 72.71' 111.84' S74°41'45"E 79°26'51"
~ Dl'awnBy: NO. P.1e Revision Bv
JRN GARAELDCOUNTYENGThffiERWG Project NO.
""""""BY' GARRELDCOUNTY ,COLORADO 14024
JRN RIGHT -OF-WAY EXHIBIT C
'''''''' COUNTY ROAD NO. 137 AUGUST 26, 2015
P.O. Box 1746 -Rifle, CO 81650 SEC 24, TSS, R90W 30F4 Phone (970) 625-1954 -Fax (970) 579-7150
ll...O"mptttI:T '0::;
www.peaksuryeyinginc.com 024-TREXEXH