HomeMy WebLinkAbout1.0 Application Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
PRE-APPLICATION
CONFERENCE
SUMMARY
TAX PARCEL NUMBER: 239327202007
DATE: 11/3/17
PROJECT: Amended Final Plat
OWNER: John Weber
REPRESENTATIVE: Steve Novy
PRACTICAL LOCATION: Los Adobes Subdivision
ZONING: Rural
TYPE OF APPLICATION: Amended Final Plat
I. GENERAL PROJECT DESCRIPTION
The applicant is requesting to adjust the access easement to their property (2.37 acres) from an
adjacent parcel. The parcels are under different ownership and were created as a result of a major
subdivision (1993). The applicant is not proposing to modify the number of dwelling units. Staff
recommended applicant contact the Fire District to discuss access due to the existing easement
including emergency access. If the applicant is considering narrowing the easement in addition to
modifying the northwest alignment, additional information will be needed, including but not limited
to utility information.
Per the information presented from the applicant, staff recommended particular attention to –
• Demonstrating utilities are located within proposed easement alignment.
• Demonstrating the existing well is within a proposed or existing easement that adequately
accommodates well operation or maintenance.
II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS
1. Garfield County Comprehensive Plan 2030, as amended
2. Garfield County Land Use and Development Code, as amended
a. Article 3 – Zoning
o Rural Zone District - Lot/Building Requirements (Table 3-201) and Use Table (Table
3-403)
b. Article 4 – Application and Review Procedures
o Administrative Review (Section 4-103)
o Common Review Procedures (Section 4-101)
o Common Review Procedures and Required Notice (Table 4-102)
o Application Submittal Requirements (Table 4-201, Section 4-203)
c. Article 5 –
o Amended Final Plat (5-305)
o Description of Submittal Requirements (5-402, F, I)
o Application Submittal Requirements (Table 5-401)
d. Article 7 – Standards
o Division 1 General Standards
o Division 2 General Resource Protection Standards
o Division 3 Site Planning – as applicable
o Additional Standards Applicable to Access (Table 7-107)
III. REVIEW PROCESS
The Application will follow the Administrative Review Process contained in Sections 4-101, 4-103
and Table 4-102.
1. Pre-application Conference.
2. Application Submittal. Submittal of 3 hard copies of the Application along with 1 electronic
(pdf) copy.
3. Determination of Completeness.
a. If technically complete, the Applicant will be notified and the request scheduled for a
Director’s Decision.
b. If not technically complete, the Applicant will be advised of the deficiencies and has 60
days to correct them.
4. Staff evaluation resulting in a Staff Report to the Director.
5. A minimum of 15 days prior to the Director’s Decision, the Applicant shall complete the
public notice mailing through certified mail to adjacent property owners within 200 ft. and
certified mail/return receipt requested to mineral rights owners on the property.
6. Staff prepares a report including public and referral comments.
7. Director’s Decision is documented through letter as of the noticed date.
8. The Board of County Commissioners is notified of the decision and have a ten day call-up
period.
9. The Decision is issued after the ten day call-up period has expired, provided no requests for a
call-up are received, and all conditions of approval have been met.
10. The Applicant has 90 days to complete all conditions of approval.
IV. SUBMITTAL REQUIREMENTS
Please refer directly to Table 5-401 and Section 4-203. These application materials are generally
summarized below:
1. Application Form
2. General project description
3. Ownership Documentation (deed, and title work)
4. Statement of Authority (if property is owned by an LLC or other corporate entity) or Letter of
Authorization (if the Representative is not the owner of the property), if necessary
5. Fee Payment and Payment Agreement Form
6. Pre-Application Conference Summary
7. Names and addresses of all property owners within 200 feet of project site and all mineral
owners of the subject parcels (demonstrated through a search of Clerk and Recorders database
and/or Assessors database – Adjacent property owners can be conducted using the Garfield
County Geographic Information System website at http://gis.garfield-
county.com/LandExplorer/index.html and use Buffer Tool to 200’ from subject parcel). The
County memorandum regarding Mineral Rights Research is a resource for your reference.
8. Vicinity Map (3 mile radius from site)
9. Improvements Agreement / Development Agreement (may be waived upon request)
10. Site Plan showing all structures, access driveways, easements, utilities, well, septic, ditches,
waterbodies, topography, etc. (Improvement Survey)
11. Respond to Standards fully described in Article 7, Divisions 1-3. Application formatting that
addresses each section of Article 7 is recommended.
12. Statement and demonstration of conformance with Section 7-107, Access and Roadways
(Specifically conformance with Table 7-107 for driveway from County roadway).
13. Information on legal access, physical access, and compliance with Roadway Standards Table
7-107 is required.
Submit three paper copies and one digital for applications. Additional copies will be requested upon
determination of completeness. Both paper and digital copies should be split into individual sections.
See the land use code for additional information on submittal requirements.
VI. WAIVERS
The Applicant may request waivers from submittal requirements in accordance with Section 4-202
and from Standards in accordance with Section 4-118 of the Land Use and Development Code. Both
sections contain review criteria for approval of waivers which need to be addressed in the application
submittals. A discussion with Staff on anticipated waiver requests can be scheduled.
VII. APPLICATION REVIEW
a. Review: Staff for completeness recommendation and referral agencies for
additional technical review.
b. Public Hearing: _X_ Director (not a public hearing but notice is required)
___ Planning Commission
___ Board of County Commissioners
___ Board of Adjustment
c. Referral Agencies may include (not limited to):
Garfield County Road and Bridge Department, Fire Protection District, Garfield County
Designated Engineer, and the Division of Water Resources
VIII. APPLICATION REVIEW FEES
This application will be subject to the following fees and deposit requirements:
Planning Review Fees: $ 100.00
$
Plus any additional Staff time charged at staff hourly rate of $40.50
Referral Agency Fees: $ TBD – consulting engineer/civil engineer fees
Total Deposit: $ 100.00 (additional hours are billed at $40.50 /hour)
General Application Processing
Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts
applicant and may set up a site visit. Staff reviews application to determine if it meets standards of review.
Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate
hearing body.
Administrative Reviews are directed to the Director of the Community Development. The Director’s decision
is subject to a 10-day call-up period. The pre-application meeting summary is valid for six (6) months from
the date of the written summary.
Disclaimer
The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on
current zoning, which is subject to change in the future, and upon factual representations that may or may not
be accurate. This summary does not create a legal or vested right.
Public Information
The Applicant is advised that the Application submittal once accepted by the County becomes
public information and will be available (including electronically) for review by the public.
Proprietary information can be redacted from documents prior to submittal.
Pre-application Summary Prepared by:
11/3/17
Becky Alter, Senior Planner Date
65 N 4th St., Suite 5, Carbondale, CO 81623 Tel. 970-963-6689 www.greenlinearchitects.com
April 18, 2018
To: Claire Dalby, Planner
Garfield County Community Development Department
Re: Amended Final Plat
Parcel No: 239327202007
Dear Claire,
Our client, John Weber, would like to request an amendment to the final plat of the Los Adobes
Subdivision. The amendment will ensure that the access over Lot 6 to Lot 7 aligns with the existing
driveway, without cutting existing trees. All utilities will also be located within the proposed easement
alignment. The existing well will be within the proposed easement, allowing for access and
maintenance.
This application has been prepared to meet the requirements of the Garfield County
Comprehensive Plan 2030, as amended.
Sections of the Garfield County Land Use and Development Code that apply to this project:
Article 3 – Zoning – The lots are in the “Rural” Zone District and will follow the dimensional
limitations set forth in Table 3-201, “Lot/Building Requirements,” and uses per Table 3-403, “Use Table.”
Article 4 – We have read and agree to the “Application and Review Procedures for an
Administrative Review” (Section 4-103) and “Common Review Procedures” (Section 4-101). We are
aware of how the process will work. We are providing the “Required Notice” per Table 4-102, and we
are submitting the documents as shown in the “Application Submittal Requirements” (Table 4-201,
Section 4-203).
Article 5 – This application is requesting an “Amended Final Plat” (5-305) It will not increase the
number of lots, nor will it result in a major relocation of a road or add any new roads. It will correct a
technical error. We are submitting the documents required in Table 5-401, “Application Submittal
Requirements.”
Article 7 – Our application meets Division 1, “General Standards,” as well as Division 2, “General
Resource Protection Standards.” There will be no effect on agricultural lands, wildlife habitat areas,
waterbodies, drainage, or environmental quality. Approving this amended final plat will not create any
wildfire, natural or geologic hazards. Regarding Division 3, “Site Planning” This request does not change
any of the existing approvals for the subdivision regarding parking, landscaping, lighting, snow storage,
trails or walkways. Table 7-107, “Additional Standards Applicable to Access,” shows the requirements
for roads and driveways. In this application, amending the final plat will allow use of the existing
driveway. The driveway will only access Lot 7, so it falls under the “Primitive/Driveway” designation.
The Right-of-Way width is required to be 15 to 30 feet. We are proposing an easement width of 20 feet.
Bill Gavette reviewed the proposed easement and has given it his approval. (see following page)
65 N 4th St., Suite 5, Carbondale, CO 81623 Tel. 970-963-6689 www.greenlinearchitects.com
From Feb. 9, 2018:
We would like to request that the Improvements Agreement / Development Agreement be
waived, since this request is simply to correct the alignment of an existing easement.
Please let me know if we can provide any further information.
Thank you,
Steven A. Novy, Principal
From:John Weber
To:Claire Dalby
Subject:plot pan amendment Los Adobes
Date:Saturday, June 23, 2018 11:11:58 AM
Att. Claire Dalby
Garfield County June 23, 2018
Community Development Dept..
Plat Plan Amendment for accesses easement lot 7 Los Adobes
This letter addresses the road access / easement thru lot 6 to lot 7 in Los Adobes subdivision
and is written on my behalf John Weber owner of Lot 7 .
Using table 7-107 , Roadway Standards this easement access falls under the category Primitive
/ Driveway . The amendment improves access to lot 7
and follows the original road cut to where the property lines meet with minimal damage to
existing vegetation and roadway . This path of least resistance follows the
natural topography across the drainage ditch to the proposed building site . It is a better
solution and this amendment provides that . It also meets the requests of
the owners of lot 6 .
Set forth by the Roadway Standards for primitive / driveway this roadway easement meets
these standards and is adequate to serve the proposed use.
Thank you
John Weber
PREVENT FRAUD - Please remember to call a member of our closing team
when initiating a wire transfer or providing wiring instructions.
Customer Distribution
Our Order Number: GW63012789
Date: 05-16-2018
Property Address: 335 LOS ADOBES DRIVE, CARBONDALE, CO 81623
For Title Assistance
GARFIELD COUNTY TITLE TEAM
901 GRAND AVENUE #202
GLENWOOD SPRINGS, CO 81601
970-945-2610 (phone)
970-945-4784 (fax)
glenwoodresponse@ltgc.com
PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS
BEATTIE CHADWICK & HOUPT
Attention: DIANE WILLIAMS PERRY
932 COOPER AVE
GLENWOOD SPRINGS, CO 81601
970-945-8659 (work)
970-945-8671 (work fax)
dwilliamsperry@bch-law.com
Delivered via: Electronic Mail
JOHN WEBER
PO BOX 1447
NANTUCKET, MA 02554
jmwofack@comcast.net
Delivered via: Electronic Mail
BEATTIE CHADWICK & HOUPT
Attention: RYAN JARVIS
932 COOPER AVE
GLENWOOD SPRINGS, CO 81601
970-945-8659 (work)
970-945-8671 (work fax)
rjarvis@bch-law.com
Delivered via: Electronic Mail
Land Title Guarantee Company
Estimate of Title Fees
Order Number:GW63012789 Date: 05-16-2018
Property Address:335 LOS ADOBES DRIVE, CARBONDALE, CO 81623
Buyer/Borrower:A BUYER TO BE DETERMINED
Seller:JOHN H. QUINN, JR. AND REBECCA R. QUINN
Visit Land Title's website at www.ltgc.com for directions to any of our offices.
Estimate of Title Insurance Fees
TBD Commitment $216.00
If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing.
Total $216.00
THANK YOU FOR YOUR ORDER!
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number: GW63012789
Customer Ref-Loan No.:
Property Address:
335 LOS ADOBES DRIVE, CARBONDALE, CO 81623
1. Effective Date:
04-11-2018 At 5:00 P.M.
2. Policy to be Issued and Proposed Insured:
"TBD" Commitment $0.00
Proposed Insured:
A BUYER TO BE DETERMINED
3. The estate or interest in the land described or referred to in this Commitment and covered
herein is:
A FEE SIMPLE
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
JOHN H. QUINN, JR. AND REBECCA R. QUINN
5. The Land referred to in this Commitment is described as follows:
LOT 6
LOS ADOBES SUBDIVISION
ACCORDING TO THE PLAT THEREOF RECORDED APRIL 16, 1993 AS RECEPTION NO. 446426.
COUNTY OF GARFIELD
STATE OF COLORADO
Copyright 2006-2018 American Land Title Association. All Rights Reserved
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date
of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: GW63012789
The following are the requirements must be met:
This proposed Insured must notify the Company in writing of the name of any party not referred to in
this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The
Company may then make additional Requirements or Exceptions.
Pay the agreed amount for the estate or interest to be insured.
Pay the premiums, fees, and charges for the Policy to the Company.
Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or
both, must be properly authorized, executed, delivered, and recorded in the Public Records.
NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS
NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF
ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE
AND ANY AMENDMENTS THERETO.
1.WARRANTY DEED FROM JOHN H. QUINN, JR. AND REBECCA R. QUINN TO A BUYER TO BE
DETERMINED CONVEYING SUBJECT PROPERTY.
NOTE: ALL PARTIES WILL BE REQUIRED TO SIGN A FINAL AFFIDAVIT AND AGREEMENT AT CLOSING.
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: GW63012789
This commitment does not republish any covenants, condition, restriction, or limitation contained in
any document referred to in this commitment to the extent that the specific covenant, conditions,
restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual
orientation, gender identity, handicap, familial status, or national origin.
1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the
Land.
2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title
that would be disclosed by an accurate and complete land survey of the Land and not shown by the
Public Records.
4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed
by law and not shown by the Public Records.
5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date of the
proposed insured acquires of record for value the estate or interest or mortgage thereon covered by
this Commitment.
6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority
that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a
public agency that may result in taxes or assessments, or notices of such proceedings, whether or
not shown by the records of such agency or by the Public Records.
7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
8.RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN
UNITED STATES PATENT RECORDED MAY 26, 1895, IN BOOK 12 AT PAGE 366.
9.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 26, 1895, IN BOOK 12 AT PAGE
366.
10.EASEMENTS AND RIGHTS OF WAY AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN
INSTRUMENT RECORDED JUNE 21, 1973 IN BOOK 446 AT PAGE 163.
11.RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT
OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION,
SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP,
NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR
FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED
BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED APRIL 16, 1993, IN BOOK 859 AT
PAGE 783.
12.TERMS, CONDITIONS AND PROVISIONS OF TRENCH AGREEMENT RECORDED NOVEMBER 05,
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: GW63012789
1990 IN BOOK 792 AT PAGE 604.
13.EASEMENTS, RIGHTS OF WAT AND OTHER MATTERS AS SHOWN ON THE PLAT OF SUBJECT
PROPERTY RECORDED APRIL 16, 1993 UNDER RECEPTION NO. 446426.
14.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED OCTOBER 30, 1996 IN BOOK
998 AT PAGE 2.
15.RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT
OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION,
SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP,
NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR
FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED
BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED JULY 10, 2013, UNDER
RECEPTION NO. 837821.
JOINT NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY
LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY
LAND TITLE INSURANCE CORPORATION AND
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title,
LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal
and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your
trust and confidence is the bedrock of our business. We maintain and regularly review internal and external
safeguards against unauthorized access to non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
applications or other forms we receive from you, including communications sent through TMX, our web-based
transaction management system;
your transactions with, or from the services being performed by, us, our affiliates, or others;
a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
the public records maintained by governmental entities that we either obtain directly from those entities, or from our
affiliates and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows:
We restrict access to all Personal Information about you to those employees who need to know that information in
order to provide products and services to you.
We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your
Personal Information from unauthorized access or intrusion.
Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action.
We regularly access security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS
NOT PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be
disclosed. We may disclose your Personal Information when you direct or give us permission; when we are
required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or
criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable
privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or
relationship with you.
Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or
the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and
judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
LAND TITLE GUARANTEE COMPANY
DISCLOSURE STATEMENTS
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
A)The Subject real property may be located in a special taxing district.
B)A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real
property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the
contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property)
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.
Note: Effective September 1, 1997, CRS 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.
Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of
record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal
documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company 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: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B-2 of the
Commitment from the Owner's Policy to be issued) 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 have been furnished by mechanics or material-men for purposes of construction on the land described in
Schedule A of this Commitment within the past 6 months.
C)The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's
liens.
D)The Company must receive payment of the appropriate premium.
E)If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior
to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain
construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate
premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be
necessary after an examination of the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay.
Note: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule
B-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 permission.
Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an
insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial
of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or
misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or
claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance
within the Department of Regulatory Agencies.
Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection
letter for the lender, purchaser, lessee or seller in connection with this transaction.
Commitment For Title Insurance
Issued by OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE
INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE
CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR
OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF
THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE
BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE
A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION
INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old republic National
Title Insurance Company, A Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this
Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when
the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured.
If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the
Company’s liability and obligation end.
COMMITMENT CONDITIONS
1. DEFINITIONS
(a) “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.
(b) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not
include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting
streets, roads, avenues,alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the
Land is to be insured by the Policy.
(c) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.
(d) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the
Company pursuant to this Commitment.
(e) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this
Commitment.
(f) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be
issued pursuant to this Commitment.
(g) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice
of matters relating to real property to purchasers for value and without Knowledge.
(h) “Title”: The estate or interest described in Schedule A.
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue
Policy, Comitment terminates and the Company’s liability and obligation end.
3. The Company’s liability and obligation is limited by and this Commitment is not valid without:
(a) the Notice;
(b) the Commitment to Issue Policy;
(c) the Commitment Conditions;
(d) Schedule A;
(e) Schedule B, Part I—Requirements; [and]
(f) Schedule B, Part II—Exceptions[; and
(g) a counter-signature by the Company or its issuing agent that may be in electronic form.
4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
(a) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between
the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (I) comply with the Schedule B, Part I—Requirements; (ii) eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or(iii) acquire the Title or create the Mortgage covered by this Commitment.(b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge
of the matter and did not notify the Company about it in writing.
(c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense
had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
(d) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and
described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(e) The Company shall not be liable for the content of the Transaction Identification Data, if any.
(f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B,
Part I—Requirements have been met to the satisfaction of the Company.
(g) In any event, the Company’s liability is limited by the terms and provisions of the Policy.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
(a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.
(b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.
(c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect
to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment.(d) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy.(e) Any amendment or endorsement to this Commitment must be in writing [and authenticated by a person authorized by the Company].(f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent
is not the Company’s agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may
provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured,
nor is it a commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated
at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a
copy of the arbitration rules at http://www.alta.org/arbitration.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance Old Republic National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment
to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions[; and a counter-signature by the Company or its issuing
agent that may be in electronic form]
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Issued by:
Land Title Guarantee Company
3033 East First Avenue Suite 600
Denver, Colorado 80206
303-321-1880
Authorized Officer or Agent
Old Republic National Title Insurance Company
a Stock Company
400 Second Avenue SouthMinneapolis, Minnesota 55401
(612)371-1111
INVOICE
Land Title Guarantee Company
5975 Greenwood Plaza Blvd Suite 125
Greenwood Village, CO 80111
970-945-2610
BEATTIE CHADWICK & HOUPT
DIANE WILLIAMS PERRY
932 COOPER AVE
GLENWOOD SPRINGS, CO 81601
Invoice Number:GWS-5063 Date: May 16, 2018
Order Number:63012789
Property Address:335 LOS ADOBES DRIVE CARBONDALE 81623
Buyer/Borrower:A Buyer To Be Determined
Invoice Charges
Service: TBD Commitment
Ref: 63012789
Addr: 335 LOS ADOBES DRIVE
Party: JOHN H. QUINN, JR.
Total Amount Invoiced:
Less Payment(s):
Balance Due:
$216.00
$216.00
$0.00
$216.00
Due and Payable upon receipt
Please make check payable to Land Title Guarantee Company and send to the address at the top of Page 1.
Please reference Invoice Number GWS-5063 on your Payment
Page 1
invoice.odt 14420 07/2015 07/30/13 11:06:43 AM
Reference
Your Reference Number:TBD Commitment - 63012789
Our Order Number:GWS-5063
Our Customer Number:1040.2
Invoice Requested by:DIANE WILLIAMS PERRY
Invoice (Process) Date:May 16, 2018
Transaction Invoiced By:Web Services
Email Address:invoicing@ltgc.com
Garfield County Land Explorer
Parcel Physical Address Owner Account
Num
Mailing Address
239316300954 Not available
CARBONDALE
BUREAU OF LAND
MANAGEMENT
R043957 2300 RIVER FRONTAGE ROAD
SILT, CO 81652
239327202003 328 LOS ADOBES DR
CARBONDALE
TREADWAY, PAUL &
ORTEGA, TRINA
R111879 328 LOS ADOBES DRIVE
CARBONDALE, CO 81623
239327202006 335 LOS ADOBES DR
CARBONDALE
QUINN, JOHN H JR &
REBECCA R
R111882 1001 10TH AVENUE S UNIT
213 NAPLES, FL 34102
239327202007 Not available
CARBONDALE
WEBER, JOHN M R111883 PO BOX 1447 NANTUCKET,
MA 02554
239327302004 271 LOS ADOBES DR
CARBONDALE
TARVER, SHERILYN J
TRUST
R111880 271 LOS ADOBES DRIVE
CARBONDALE, CO 81623
239327302005 341 LOS ADOBES DR
CARBONDALE
BRUNSON, LISA
ASHCROFT
R111881 341 LOS ADOBES DRIVE
CARBONDALE, CO 81623
65 N 4th St., Suite 5, Carbondale, CO 81623 Tel. 970-963-6689 www.greenlinearchitects.com
June 28, 2018
Mineral Search- Quinn, John
Lot 6 Los Adobes Subdivision
Reception #: R1111882
Parcel ID: 239327202006
On June 28, 2018 Green Line Architects researched the mineral rights for the surrounding
parcels in Los Adobes subdivision within 200’ of Lot 6.
Casey Lawrence helped us determine that there are no active mineral rights for this parcel.
Casey suggested that we cross reference the county’s Notice of Mineral Estate Ownership. In
our cross reference, no mention to a split estate, withholdings, exceptions, or reservations were
made to Section 27 Township 7 Range 88 West.
On June 28, 2018, I personally searched the records at the clerk and recorder’s office and found
no active mineral rights.
Signed,
Steve Novy, Principal
C:\General CADD 8\Gxd\quinn3.gxd -- 05/22/2018 -- 03:17 PM --