HomeMy WebLinkAbout01.8 Legals & Public Notice InformationGUARANTEE COMPANY
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Land Title Guarantee Company
CUSTOMER DISTRIBUTION
Date: 08-14-2012
Property Address:
7378 COUNTY ROAD 100 CARBONDALE, CO 81623
Our Order Number: GW63007387
If you have any inquiries or require further assistance, please contact one of the numbers below:
For Title Assistance:
Glenwood Springs "GW" Unit
1317 GRAND AVE #200
GLENWOOD SPRINGS, CO 81601
Phone: 970-945-2610
Fax: 970-945-4784
ROGER ESFIELMAN
7378 COUNTY RD 100
CARBONDALE, CO. 81623
ROGER ESHELMAN
7378 COUNTY ROAD 100
CARBONDALE, CO 81623
Attn: ROGER ESHELMAN
EMail: RBESHELMAN@GMAIL.COM
Sent Via EMail
GUARANTEE COMPANY
W WW.LTGC. CON
Land Title Guarantee Company
Property Address:
7378 COUNTY ROAD 100 CARBONDALE, CO 81623
Buyer/Borrower:
TO BE DETERMINED
Seller/Owner:
ROGER B. ESHELMAN AND AMELIA S. ESHELMAN
Date: 08-14-2012
Our Order Number: GW63007387
Need a map or directions for your upcoming dosing? Check out Land Title's web site at www.ltgc.com
for directions to an of our 54 office locations.
ESTIMATE OF TITLE FEES
ALTA Owners Policy 06-17-06
TBD
If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time.
Form CONTACT O6/04
TOTAL
THANK YOU FOR YOUR ORDER!
$0.00
•
Old Republic National Title Insurance Company
ALTA COMMITMENT
Our Order No. GW63007387
Schedule A Cust. Ref.:
Property Address:
7378 COUNTY ROAD 100 CARBONDALE, CO 81623
1. Effective Date: July 13, 2012 at 5:00 P.M.
2. Policy to be Issued, and Proposed Insured:
"ALTA" Owner's Policy 06-17-06
Proposed Insured:
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:
ROGER B. ESHELMAN AND AMELIA S. ESHELMAN
5. The Land referred to in this Commitment is described as follows:
SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION
Our Order No: GW63007387
LEGAL DESCRIPTION
A PARCEL OF LAND SITUATED INTHE W1/2NE1/4 SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87
WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO,
SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 18 A 2 1/4' BRASS CAP IN
PLACE THENCE S 32° 07'22" W A DISTANCE OF 2250.87 FEET TO A POINT ON THE
EASTERLY BOUNDARY OF SAID W1/2NE1/4 THE POINT OF BEGINNING; THENCE S 00° 16'39"
W ALONG SAID EASTERLY LINE A DISTANCE OF 425.22 FEET; THENCE LEAVING SAID
EASTERLY LINE N 87° 35'30" W A DISTANCE OF 270.10 FEET TO A POINT 30 FEET OFF
THE CENTERLINE OF COUNTY ROAD NO. 100, AS CONSTRUCTED IN PLACE, A REBAR AND
CAP L.S. #5447 FOUND IN PLACE; THENCE N 30° 20'54" W A DISTANCE OF 468.01 FEET
TO THE SOUTHWEST CORNER OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 486692 OF
THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE N 28° 00'22" W ALONG
THE EASTERLY RIGHT-OF-WAY FOR COUNTY ROAD NO. 100 (AS DESCRIBED IN RECEPTION
NO. 486692) A DISTANCE OF 372.97 FEET; THENCE LEAVING SAID RIGHT-OF-WAY N 85°
12'35" E A DISTANCE OF 458.09 FEET; THENCE S 01° 07'30" E A DISTANCE OF 361.96
FEET TO A POINT ON THE SOUTHERLY LINE OF SAID RECEPTION NO. 486692; THENCE N
88° 52'30" E ALONG SAID SOUTHERLY LINE A DISTANCE OF 219.97 FEET TO THE POINT
OF BEGINNING
COUNTY OF GARFIELD
STATE OF COLORADO
ALTA COMMITMENT
Schedule B-1
(Requirements)
The following are the requirements to be complied with:
Our Order No. GW63007387
Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be
insured.
Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit:
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.
s
•
ALTA COMMITMENT
Schedule B-2
(Exceptions)
Our Order No. GW63007387
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
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 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, whether or not the matters excepted under (a), (b), or (c) are shown by
the Public Records.
8. DEED OF TRUST DATED JUNE 05, 2007 FROM ROGER B. ESHELMAN AND AMELIA S.
ESHELMAN TO THE PUBLIC TRUSTEE OF COUNTY FOR THE USE OF ALPINE BANK BASALT
TO SECURE THE SUM OF $280,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE
TERMS THEREOF, RECORDED JUNE 14, 2007, UNDER RECEPTION NO. 725541.
MODIFICATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED
FEBRUARY 04, 2008, UNDER RECEPTION NO. 742308.
9. DEED OF TRUST DATED JUNE 01, 2007 FROM ROGER B. ESHELMAN AND AMELIA S.
ESHELMAN TO THE PUBLIC TRUSTEE OF COUNTY FOR THE USE OF ALPINE BANK TO
SECURE THE SUM OF $220,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE
TERMS THEREOF, RECORDED JUNE 15, 2007, UNDER RECEPTION NO. 725679.
10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 17, 1909,
IN BOOK 71 AT PAGE 368.
ALTA COMMITMENT
Schedule B-2
(Exceptions)
Our Order No. GW63007387
The policy or policies to he issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
11. 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 APRIL 17, 1909, IN BOOK 71 AT
PAGE 368.
12. TERMS, CONDITIONS AND PROVISIONS OF DEED RECORDED IN BOOK 521 AT PAGE 149.
13. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 89-035 RECORDED MAY 03,
1989 IN BOOK 753 AT PAGE 544.
14. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED JANUARY
05, 1990 IN BOOK 770 AT PAGE 597.
0 15. TERMS, CONDITIONS AND PROVISIONS OF CONTRACT RECORDED APRIL 25, 1990 IN
BOOK 777 AT PAGE 586.
16. TERMS, CONDITIONS AND PROVISIONS OF INSTRUMENT RECORDED OCTOBER 10, 2003 IN
BOOK 1528 AT PAGE 607.
17. TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE ADJUSTMENT AFFIDAVIT
RECORDED OCTOBER 10, 2003 IN BOOK 1528 AT PAGE 609.
18. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SHOWN ON ESHELMAN/HOGAN
BOUNDARY LINE ADJUSTMENT MAP RECORDED OCTOBER 10, 2003 UNDER RECEPTION NO.
638443
( c)
or -
19. ANY BOUNDARY DISCREPANCY DUE TO THE LOCATION OF FENCE LINES AND THE EFFECT
OF ANY RIGHT, TITLE OR INTEREST THAT MAY BE CLAIMED DUE TO ANY SAID
DISCREPANCY.
20. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION RECORDED APRIL 28, 2008 AT
RECEPTION NO. 747393.
21. DEED OF TRUST DATED AUGUST 29, 2008, FROM ROGER B. ESHELMAN AND AMELIA S.
ALTA COMMITMENT
Schedule B-2
(Exceptions)
Our Order No. GW63007387
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
ESHELMAN TO THE PUBLIC TRUSTEE OF COUNTY FOR THE USE OF ALPINE BANK TO
SECURE THE SUM OF $150,000.00 RECORDED SEPTEMBER 09, 2008, UNDER RECEPTION
NO. 755368.
•
•
LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION
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 taxinghdistrict.
B) A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County
Treasurer or 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.
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 3-5-1, Paragraph C of Article VII requires that "Every
title entity shall be responsible for all maters which appear of record prior to the lime 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 lienrotection for the Owner may be available (typicallyby deletion
of Exception no. 4 of Schedule B, Section 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 alter 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 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 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, information to an insurance company for the purpose of defrauding or
incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting
attempting to defraud the policyholder or claimant with regard to a settlemwnt or award payable from insurance
proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies.
Nothing herein contained will be deemed to obligate the com any to provide any of the coverages
referred to herein unless the above conditions are fully satisfied.
DISCLOSURE 02/2011
•
JOINT NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION,
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.
Form PRIV.POL_ORT
• *
*
' '( ALTA Commitment - 2006 Rev.
•
Commitment to Insure
• OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable
* consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
T 7� Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or
referred to in Schedule A, upon payment of the premiums and charges and compliance with the requirements; all
subject to the provisions of Schedule A and B and to the Conditions of this Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A
by the Company. All liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for
shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company.
CONDITIONS AND STIPULATIONS
1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage
thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to Company in writing, the Company shall
be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge.
If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance,
adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from
liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of
policy or policies committed for and only for actual loss inured in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to
eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability
exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations
and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and
are made a part of this Commitment except as expressly modified herein.
4. This commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions
or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest
or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment.
5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is 52,000,000 or less shall be arbitrated at the option of
either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.org.
STANDARD EXCEPTIONS
In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following:
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 or inspection of the Land would disclose and which are
not shown by the Public Records.
4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records.
5. Defects, bens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but
prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment.
IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duty authorized officers on the date
shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
CC.ORT.06
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
400 Second Avenue South
Minneapolis, Minnesota 55401 p L TI TL, '.
(612) 371-1111 `•2cr * * * sem';
U * �y * Z :
�1L{{',� *f m
. 7 * * n
°-cid, * * * Dst •
Mark Bilhrey
President
Rande Yeager
Secretary
IgtfaVneMei
AMERICAN
LAND TITLE
ASSOCIAIION
111111111111 111111 111111111 111111111111 111 1111111111111
558378 01/24/2000 10:46A B1170 P156 M ALSDORF
1 of 1 R 5.00 D 0.00 GARFIELD COUNTY CO
•
REQUEST FOR RELEASE OF DEED OF TRUST AND RELEASE
12/29/99
Date
Roger B. Eshelman and Amelia S. Eshelman
Grantor (Borrower)
Alpine Bank Original Beneficiary
(Lender)
2/10/93 Date of Deed of Trust
2/12/93 Recording Date of
Deed of Trust
Garfield
444131
Reception No.
854
Film No.
659
Book No. Page No.
TO THE PUBLIC TRUSTEE OF
Garfield
County of Recording
Reception and/or Film Nos. of Recorded Deed of Trust
Book and Page of Deed of Trust
County (The Public Trustee to which the above Deed of Trust conveys the said property.)
Please execute this release, as the indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the
Deed of Trust has been fully satisfied.
Alpine Bank
Current Owner and Holder of the Indebtedness Secured by Deed of Trust (Lender)
Ryan Beckman, Management Trainee
State of Colorado, County of
Garf ield
Name and Title of Agent or Officer of Current Owner and Holder
Signature Signature
The foregoing request for release was acknowledged before me on
12/29/99 (date) by*
Ryan Beckman, Alpine -Sank
Date Commission Expires
Witness My Hand and Seal
RELEASE OF DEED OF TRUST
\Notary Public
WHEREAS, the above referenced Grantor(s), by Deed of Trust, conveyed certain real property described in said Deed of Trust to
the Public Trustee of the County referenced above, in the State of Colorado, to be held in trust to secure the payment of the indebtedness
referred to therein; and
WHEREAS, the indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the Deed of Trust
has been fully satisifed as set forth in the written request of the current owner and holder of the said indebtedness.
NOW THEREFORE, in consideration of the premises and the payment of the statutory sum, receipt of which is hereby acknowl-
edged, 1, as the Public Trustee in the County first referenced above, do hereby remise, release and quitclaim unto the present owner or
owners of said real property, and unto the heirs, successors and assigns of such owner or owners forever, all the right, title and interest
which ( have under and by virtue of the aforesaid Deed of Trust in the real estate described therein, to have and to hold the same, with all
the privileges and appurtenances thereunto belonging forever; and further I do hereby fully and absolutely release, cancel and forever
discharge said Deed of Trust.
Exi iiE 4TEo rmed Truet
by
Public'hustee
Deputy Public Trustee
•
JEN RECORDED RETURI
Alpine tsan K Original Beneficiary
(Lender)
2/10/93 Date of Deed of Trust
2/12/93 Recording Date of
Deed of Trust
Garfield
444131
Reception No.
854
Film No.
659
Book No. Page No.
TO THE PUBLIC TRUSTEE OF
Garfield
County of Recording
Reception and/or Film Nos. of Recorded Deed of Trust
Book and Page of Deed of Trust
County (The Public Trustee to which the above Deed of Trust conveys the said property.)
Please execute this release, as the indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the
Deed of Trust has been fully satisfied.
Alpine Bank
Current Owner and Holder of the Indebtedness Secured by Deed of Trust (Lender)
Ryan Beckman, Management Trainee
Name and Title of Agent or Officer of Current Owner and Holder
State of Colorado, County of
Garf i e l d
Signature Signature
The foregoing request for release was acknowledged before me on
12/29%99 (date) by*
Ryan Beckman, Alpine Bank
Date Commission Expires
Witness My Hand and Seal
1t •
'Votary Public
}
RELEASE OF DEED OF TRUST
WHEREAS, the above referenced Grantor(s), by Deed of Trust, conveyed certain real property described in said Deed of Trust to
the Public Trustee of the County referenced above, in the State of Colorado, to be held in trust to secure the payment of the indebtedness
referred to therein; and
WHEREAS, the indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the Deed of Trust
has been fully satisifed as set forth in the written request of the current owner and holder of the said indebtedness.
NOW THEREFORE, in consideration of the premises and the payment of the statutory sum, receipt of which is hereby acknowl-
edged, I, as the Public Trustee in the County first referenced above, do hereby remise, release and quitclaim unto the present owner or
owners of said real property, and unto the heirs, successors and assigns of such owner or owners forever, all the right, title and interest
which I have under and by virtue of the aforesaid Deed of Trust in the real estate described therein, to have and to hold the same, with all
the privileges and appurtenances [hereunto belonging forever; and further I do hereby fully and absolutely release, cancel and forever ,!
discharge said Deed of Trust.
EXHir4"TED' r ks
DCi•tti e True
STATE OF COLORADO) _
COUNTY OF GARFIELD) The foregoing on
instrument was acknowledged befoie me by by
Georgia Chamberlain, Garfield Couniy, s the
Colorado Public Trustee on ?AAM 2 ,ee of
County, Colorado.
Date Commission Expires
3-oa
"If applicable, insert title of agent or officer and name of current owner aad holder.
by
-
a Public Trustee
Witness My Hand and Seal
• rt
Original Note and Deed of Trust Returned to: w.
Deputy Public Trustee
Notary Public
A
tptioti No.
a n s DUEg'D, Made this
1081 ,between
day of October
LEO '4C CIRi{ICK
of the
Colorado, of the first part. and County of j,a plata
and State of
QCT
R) ER B. ESHELMAN AND AMELIA S. ESHELMAN
Whoselea-al address is P.'). Box 473, Snowmass, Colorado 91654
of the County of Pitkin
WITNESSETH, that the saidpart and State of Colorado, of the second part:
y of the first part, for and in consideration of the sum of
- - - - - ren Dollars and other valuable consideration
to the said party of the first part in hand paid by the said parties of the second part, the receipt whereof is
hereby confessed and acknowledged, ha granted. bargained. sold and conveyed, and by theca presenia doe
grant, bargain, sell, convey nd confirm unto the said parties of the second part. their heirs and assigns forever,
not In tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate,
lying and being in the
County of Garfield and State of Colorado, to wit:
A parcel of la•1d situated in Lot 12 of Section 13, rownshiD 7 South,
Range 87 West of the Sixth Principal Meridian lying Easterly of the
Easterly line of County Road No. 100,'Southerly of the Northerly line
and Westerly of the Easterly line of said Lot 17, said parcel of land
is described as follows:
j3eginning at the East Quarter corner of -said Section 19;
II
thence S. 99 37'27" W. 1324.03 feet along the East -:Jest centerline
of said Section 19 to the Southeast corner of said Lot 12f
thence N. 00 20'41" E. 116.90 feet•to a point 1n a fence as constructed
and in glace the true Point of Beginning;
thence N. 97 32'03" W. 715.51 feet along said fence to the Easterly
line of County Road No. 1001
thence N. 33 23'06" W. 479.76 feet along the Easterly line of said
County Road to a point on the Northerly line of said Lot 12;
thence N. 89 3x'26" E. 493.10 feet along the Northerly line of said
Lot 12 to the Northeast corner of said Lot 12;
thence S.00 20'41" V. '012.97 feet along the East rly line of said
Lot 12, to the True Point of 9eginning.
AffAiWAAA/449414(1444
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise apper-
taining, and the reversion and reversions, remainder and remainders, rants, issues and profits thereof; and all the
estate, right, title, interest, claim and demand whatsoever cf the said party of the firstart, either in law or eq u l ty,
of, in and to the above bargained premises. wits, the hereditaments and e p
ppu rte nances.
No. 768.a'+RtA:NayDEEn—ro.kiasTe...-t s..ar ., o..._.
•
111111 11111 11111 131 11111 111111111 1111111111111
638446 10/10/2003 02 39P B1528 P613 M ALSDORF
1 of 4 R 21.00 0 4.00 GARFIELD COUNTY CO
QUITCLAIM
DEED
THIS DEED, made this loll' day of OC—+.0ber"
between C.t, -' - �• f tG1q -
, 2003 ,
of the *County of qn fieI d and State of
grantor(s), and �09trt . ES�CI►Yta
�1 O MCI O ,�
and tgmelto, S. ES1,Nelw\av-b
whose legal address is --39-8 COL/ 2o0„a 100
of the County of Cifj el a
and State of COtOri>-.d o , grantees:
WITNESS, that the grantor, for and in consideration of the sum of Te-JeN t), oli.&r ando 4her Vtt1u4�E COr'6idcad-tori
DOLLARS,
the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUITCLAIMED, and by these pre-
sents does remise, release, sell and QUITCLAIM unto the grantees, their heirs, successors and assigns forever, not in tenancy in
common but in joint tenancy, all the right, title, interest, claim and demand which the grantor has in and to the real property,
together with improvements, if any, situate, lying and being in the County of C50r;1C,and State of
Colorado, described as follows: 50",c7�b exU/�/T /9 // nn x1' t
/7
also known by street and number as:
assessor's schedule or parcel number:
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or
in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the grantor, either in law or equity,
to the only proper use, benefit and behoof of the grantees, their heirs and assigns forever.
The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all gen-
ders
IN WITNESS WHEREOF, the gra tor has executed this deed on the date set forth above.
• Insert "City and' whae applicable.
No. e962. Rev. 4.94. QUITCLAIM DEED (to Joint Tenants)
Bradford Publishing, 1743 Wawa St., Denver, CO 80202 — (303) 292-2500 — www.bradfordpubhshing cora — aorta
--urn (o Same as is
6384111111
111111 till 11111 11111 111111$ 11111 1111 Illi
23 of 4 R 21.0080 4.083GARFIELD COUNTY CO9P 61528 P614 M SD
ORF
2 a
•
r
•
STATE OF COLORADO
County of GC- r G� d
The foregoing instrument was acknowledged before me this
by ,4— P1 V. J`h-tl )0\1-1
No. c962. Page 2
0 day of Com' b r
,2003 ,
Witness my hand and official seal.
My commission expires: Oa 1 f - D-00 rf
Notap Public.
t'• /•,,
3g-35-1i)b.;S.0..Sd `�,
- '"
Name and Address of Person Creating Newly Created Legal Description (g
11111111111111111111111111111111111111111111111111111
638445 10/10/2003 02 36P 81528 P610 M ALSDORF
2 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO
STATE OF COLORADO
COUNTY OF GARFIELD
)ss
)
The foregoing document was subscribed and sworn to before me in the County of
Garfield, State of Colorado this /0 C day of 0:141-.r , S6 Aoo by roger a and
(,n.,t1;(4 S E= shtlman
My Commission Expires:
O - t 1 —
STATE OF COLORADO
)ss
COUNTY OF GARFIELD
Notary Public
dress
,of
The foregoing document was subscribed and sworn to before me in the County of
Garfield, State of Colorado this / day of , tg Xv't (,)403 by Al o, �`'✓�'
ay..t
• adoLl
My Commission Expires:
•
/Y7
Noy Public
/U9 S f.; Su.1:4 � ?
Address )4.6vd 6r.
dery
•
•
i111!! !1111 I1llll III1E Ill11 Illll 111111 Ill 111111111 I1il
638445 10/10/2003 02.36P 81528 P609 t7 AL&DORF
I of 4 R 21.00 D 0.00 GARFIELD COUNTY CO
AFFDAYIT RE: BOUNDARY UNE ADJUSTMENT
the undersigned affiants being first sworn upon thereof, depose and state as follows:
1. We are the owners of real property in the unincorporated area of Garfield County, which
is described in Exhibit" A" which is attached hereto and incorporated herein by reference.
2. We are desirous of adjusting the boundary lines of our Tots and sign this Affidavit in
accordance with the Garfield County Subdivision Regulations of 1984, as amended.
3. We hereby represent that no new lots will be created and therefore, that Garfield County
will not be required to issue any building permits, other than what it would be required to issue for
the already existing lots.
4. We hereby represent that none of the parcels of property involved in this boundary line
adjustment is part of a previously platted subdivision of record.
5. We hereby represent that the boundary line adjustment made reference to herein will not
cause the loss of access by road or to utilities, to any parcel of property involved.
6. We hereby represent that a copy of the Affidavit will be recorded with the Garfield County
Clerk and Recorder.
FURTHER AFFIANS SAYETH NOT.
DONE this IO - day of SC/C-4.1,4,r, 2OO .3
NOTE: The full legal name of the Affiants should be typed or printed beneath each signature line.
•dUrr -b Same 6 1aS't
•
•
1111111 11111 HMI 11111 11111111111111 11111111111
638444 10/10/2003 02 31P B1526 P607 M ALSDORF
1 of 2 R 11.00 D 0.00 GARFIELD COUNTY CO
This is an agreement between buyers Roger B. and Amelia S. Eshelman and
seller Ann V. Hogan. The land being purchased by Eshelmans is three (3)
acres more or less and is located on Garfield County Road 100 and is
described in detail in the attached plat (said property). The agreement is
as follows:
1. Hogans agree to sell three (3.0) acres +/- to Eshelmans for $40,000.00
(forty thousand dollars).
2. Hogans agree to give Eshelmans a driveway easement to said property at
Eshelmans request. Hogans maintain final say over exactly where driveway
easement may occur.
3. Hogans agree that to the best of their knowledge no lien of any kind
exists on said property. Eshelmans are aware of certain easements
discovered in title search by Stewart Title.
4 Hogans agree that if Eshelmans are unsuccessful in developing a lot
split with Garfield County and do not wish to keep said property that
Hogans will buy said property back for the original purchase price minus
any reasonable expenses incurred.
5. Eshelmans agree to maintain two possible building envelopes +/- 50' as
indicated on High Country Engineering survey by "orange flagging " #1
and "white flagging " #2 unless otherwise approved and agreed upon by the
Hogans.
6. Eshelmans agree to pay Hogans $40,000.00 (forty thousand dollars) for
said property of 3.0 acres +/-. Payment will be made in full in a one time
payment at time of purchase.
7. Eshelmans agree that if a lot split is possible and Eshelmans decide to
sell said property to any other party that building envelope restrictions
in #5 above and driveway easement location in 2 above are still in effect
and fully transferred to any buyers and/or new owners.
Date:
Date:
Kx.rwvr. `i-0 �
Rag.u- {c l am
7378 CUred lay
Signed/Seller:
f
Ann V. Hogan
tiLatiffir
1417
gaff
Amelia . ~shelman
jia r,
Signed/Buyers:
/ Rog1d
1 111111 11111 111111 11111 11111 1101 111111 111 11111 1111 1111
638444 10/10/2003 02:31P 81528 P608 ti ALSDORF
2 of 2 R 11.00 D 0.00 GARFIELD COUNTY CO
•
•
•
STATE OF COLORADO
COUNTY OF GARFIELD
)ss
}
The foregoing document was subscribed and sworn to before me in the County of
Garfield, State of Co orado this (O r—`' day off ! - , 1 -Vo3 by R of'tr 6 and
OA t:rn 5 (=she I ma -y-1
My Commission Expires:
STATE OF COLORADO )
)ss
COUNTY OF GARFIELD
Notary Public
dress 1001 51:
The foregoing document was subscribed and sworn to before me in the County of
Garfield, State of Colorado this !t? day of &-itil- , N-1003 by
yowl
0 -- aooy
My Commission Expires:
N
i q S -I- .o
Address ANC/ �„�„ e1 g-160.1
EV -717&7"
/9
ESHELMAN RESULTING DESCRIPTION
A PARCEL OF LAND SITUATED IN THE W1/2NE1/4 SECTION 18, TOWNSHIP 7
SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 18 A 2 1A"
BRASS CAP IN PLACE THENCE S32°07'22"W A DISTANCE OF 2250.87 FEET TO
A POINT ON THE EASTERLY BOUNDARY OF SAID W1/2NE1/4 THE POINT OF
BEGINNING; THENCE S00°16'39"W ALONG SAID EASTERLY LINE A
DISTANCE OF F 425.22 FEET; THENCE LEAVING SAID EASTERLY LINE
N87°35'30"W A DISTANCE OF 270.10 FEET TO A POINT 30 FEET OFF THE
CENTERLINE OF COUNTY ROAD NO. 100, AS CONSTRUCTED IN PLACE, A
REBAR AND CAP L.S. #5447 FOUND IN PLACE; THENCE N30°20'54"W A
DISTANCE OF 468.01 FEET TO THE SOUTHWEST CORNER OF THAT
PROPERTY DESCRIBED IN RECEPTION NO. 486692 OF THE GARFIELD
410 COUNTY CLERK AND RECORDER'S OFFICE; THENCE N28°0022"W ALONG
THE EASTERLY RIGHT-OF-WAY FOR COUNTY ROAD NO. 100 (AS DESCRIBED
IN RECEPTION NO. 486692) A DISTANCE OF 372.97 FEET; THENCE LEAVING
SAID RIGHT-OF-WAY N85°12'35"E A DISTANCE OF 458.09 FEET; THENCE
S01 °07'30"E A DISTANCE OF 361.96 FEET TO A POINT ON THE SOUTHERLY
LINE OF SAID RECEPTION NO. 486692; THENCE N88°52'30"E ALONG SAID
SOUTHERLY LINE A DISTANCE OF 219.97 FEET TO THE POINT OF
BEGINNING; SAID PARCEL CONTAINING 6.702 ACRES, MORE OR LESS.
•
1517 Blake Avenue, Ste. 101
Glenwood Springs, CO 81601
phone 970 945-8676 • fax 970 945-2555
14 Inverness Drive East, Ste. D-136
Englewood, CO 80112
phone 303 925-0544 • fax 303 925-0547
Grand Junction, CO 80501
phone 970 858-0933 • fax 970 858-0275
dig
ESHELMAN ORIGINAL DESCRIPTION
A PARCEL OF LAND SITUATED IN THE W1/2NE1/4 SECTION 18, TOWNSHIP 7
SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 18 A 2 1/4"
BRASS CAP IN PLACE THENCE S32°07'22"W A DISTANCE OF 2250.87 FEET TO
A POINT ON THE EASTERLY BOUNDARY OF SMD W1/2NE1/4 THE POINT OF
BEGINNING; THENCE S00°16'39"W ALONG SAID EASTERLY LINE A
DISTANCE OF 425.22 FEET; THENCE LEAVING SAID EASTERLY LINE
N87°35'30"W A DISTANCE OF 270.10 FEET TO A POINT 30 FEET OFF THE
CENTERLINE OF COUNTY ROAD NO. 100, AS CONSTRUCTED IN PLACE, A
REBAR AND CAP L.S. #5447 FOUND IN PLACE; THENCE N30°20'54"W A
DISTANCE OF 468.01 FEET TO THE SOUTHWEST CORNER OF THAT
PROPERTY DESCRIBED IN RECEPTION NO. 486692 OF THE GARFIELD
COUNTY CLERK AND RECORDER'S OFFICE; THENCE N88°52'30"E ALONG
THE SOUTHERLY LINE OF SAID RECEPTION NO. 486692 A DISTANCE OF
508.49 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 3.701
ACRES, MORE OR LESS.
1517 Blake Avenue, Ste. 101
Glenwood Springs, CO 81601
phone 970 945-8676 • fax 970 945-2555
14 Inverness Drive East, Ste. D-136
Englewood, CO 80112
phone 303 925-0544 • fax 303 925-0547
Grand Junction, CO 80501
phone 970 858-0933 • fax 970 858-0275
•
PROPERTIES WITHIN 200 FEET OF THE PIONEER POINT SUBDIVSION
(SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST)
PIONEER POINT SUBDIVSION
HCE PROJECT NUMBER 2061070.00
CHECKED WITH GARFIELD COUNTY ASSESSOR ON 6/19/13
Hogan, Ann V.
118 Country Club Dr
Edenton, NC 27932-8903
Parcel Number 239118100026
Kroeger, Marc Anthony & Diann
Michelle
7207 County Road 100
Carbondale, CO 81623
Parcel Number 239118100036
• Laughing Stock LLLP
393 County Road 102
Carbondale, CO 81623
Parcel Number 239117303010
Sorensen, James F.
7299 County Road 100
Carbondale, CO 81623
Parcel Number 239118200220
Bureau of Land Management
2300 River Frontage Road
Silt, CO 81652
Parcel Number 239107400951
•
•
MINERAL INTERESTS WITHIN THE PIONEER POINT SUBDIVSION
(SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST)
PIONEER PIONT SUBDIVISION
HCE PROJECT NUMBER 2061070.00
Obtained from Doc. #181901dated Sept. 5, 1952
Colorado College
14 East Cache La Poudre
Colorado Springs, CO. 80903