HomeMy WebLinkAbout1.01 Supplemental InformationCommonwealth 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 12, 2020
File No. 2005010
Property Address. , RIFLE
Savage Land Company, Inc.
P.O. Box 1926
Rifle, CO 81650
Attn: John Savage
Email: savagejw@slcjbs.com
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No. 2005010
1. Effective Date: May 4, 2020 at 7:59 AM
2. Policy or Policies to be issued:
(a) ALTA OWNER POLICY (ALTA 6-1 7-06)
Proposed Insured:
(b) ALTA LOAN POLICY (ALTA 6-17-06)
Proposed Insured:
$N/A
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:
Buffalo Basin LTD, fka Buffalo Basin Limited Partnership
4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and
described as follows:
All of Lots 21 and 27 and that part of Lots 20, 28 and 38 lying Westerly of County Road No. 320
Red Apple Orchards
According to the plat thereof recorded July 3,1911 as Reception No. 42180
TITLE CHARGES
Owner's Policy Standard Coverage $167.00
Additional Parcels (4) $400.00
COUNTERSIGNED: Peu ri,r k, P. 6wrwe,LL
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. 2005010
SCHEDULE 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.
1. Note: Per Statement of Authority recorded December 4, 2019 as Reception No. 929070 the person(s) authorized to execute
instruments conveying, encumbering or otherwise affecting title to real property are John W. Savage, manager on behalf of
Buffalo Basin LTD, fka Buffalo Basin Limited Partnership
2. The 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.
3. Pay the agreed amount for the estate or interest to be insured.
4. Pay the premiums, fees, and charges for the Policy to the Company.
5. 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.
This is an informational only commitment and no policy will be issued hereunder.
6. Receipt of satisfactory Improvement Survey Plat certified to the Company (i) prepared from an on -the -ground inspection by a
registered land surveyor licensed in the State of Colorado; (ii) currently dated, showing the location of the Property and all
improvements, fences, easements, roads, rights -of -way and encroachments or other matters identified in Schedule B - Section 2 of
this Commitment, to the extent such matters are capable of being shown, (iii) containing a legal description of the boundaries of
the Property by metes and bounds or other appropriate legal description; and (iv) meeting the criteria of Colorado Revised Statute
38-51-102(9), as amended, for an Improvement Survey Plat.
NM 6
American Land Title Association Commitment
Schedule B - Section 1 - Form 1004-5
DISCLOSURES
Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph F provides: "Whenever a title entity provides the closing and
settlement service that is in conjunction with the issuance of an owner's policy of title insurance, it shall update the title
commitment from the date of issuance to be as reasonably close to the time of closing as permitted by the real estate records. Such
update shall include all impairments of record at the time of closing or as close thereto as permitted by the real estate records. The
title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title
commitment, other than the effective date of the title commitment, for all undisclosed matters that appear of record prior to the
time of closing." 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. This Notice is required by Colorado Division of Insurance Regulation 8-1-2,
Section 5, Paragraph G.
Pursuant to Colorado Division of Insurance Regulation 8-1-2, notice is hereby given that affirmative mechanic's lien protection for
the prospective insured owner may be available 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. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph M.
Pursuant to Colorado Division of Insurance Regulation 8-1-3, notice is hereby given of the availability of a Closing Protection Letter
which may, upon request, be provided to certain parties to the transaction.
Pursuant to C.R.S. §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
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;
and 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 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.
Pursuant to C.R.S. §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.
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. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph J. "Good Funds Law"
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 and Section
38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the
same as the property address) be included on the face of the deed to be recorded.
File No. 2005010
SCHEDULE B - SECTION 2
Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless 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, 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. 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 canals as constructed by the authority of the United States, as reserved in United
States Patent recorded June 5, 1913 as Reception No. 47102 .
10. Right of way for ditches and canals in place and in use.
11. Right of way for County Road No. 320.
12. Easement granted to Garfield Gas Gathering Company in instrument recorded February 24, 1961 as Reception No. 212874.
13. Right of way Easement granted to Western Slope Gas Company in instrument recorded May 29, 1961 as Reception No. 213870.
14. Reservation of all oil, gas, coal and other minerals in instrument recorded December 19, 1966 as Reception No. 236603 and any interest
therein or assignments thereof.
15. Right of way Easement granted to Western Slope Gas Company in instrument recorded May 16, 1975 as Reception No. 267613 and May
16, 1975 as Reception No. 267616 and May 16, 1975 as Reception No. 267618.
16. Easement for utilities, irrigation ditches and pipelines, road and trails as contained in instrument recorded December 7, 1995 as Reception
No. 486149.
17. Terms and conditions of well agreement recorded July 16, 1996 as Reception No. 495808.
18. Pipeline Easement granted to Barrett Resources Corporation in instrument recorded March 2, 1998 as Reception No. 521026 and March 2,
1998 as Reception No. 521027.
(Continued)
File No. 2005010
SCHEDULE B - SECTION 2
(Continued)
19. Terms and conditions of Memorandum of Master Surface Use Agreement recorded August 27, 2007 as Reception No. 731734.
20. Easements, rights of way and all other matters shown on the plat of Red Apple Orchards recorded July 3, 1911 as Reception No. 42180.
21. Terms and conditions of Reservations and Restrictive Covenants Red Apple Orchards Subdivision recorded December 13, 1985 as
Reception No. 367294.
22. Conveyance of 200/456 interest in and to all oil, gas and other minerals as described in instrument recorded April 22, 1958 as Reception
No. 201343 and any and all assignments thereof or interests therein.
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, if any, 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 information - 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 nonpublic 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
period after which any customer relationship has ceased. 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.
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 15, 2020
File No. 2005013
Property Address. 4544 County Road 320, Rifle
Savage Land Company, Inc.
P.O. Box 1926
Rifle, CO 81650
Attn: John Savage
Email: savagejw@slcjbs.com
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No. 2005013
1. Effective Date: May 7, 2020 at 7:59 AM
2. Policy or Policies to be issued:
(a) ALTA OWNER POLICY (ALTA 6-1 7-06)
Proposed Insured:
(b) ALTA LOAN POLICY (ALTA 6-17-06)
Proposed Insured:
$N/A
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:
John R. Curran
4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and
described as follows:
That part of Lot 20 lying Easterly of County Road No. 320
Red Apple Orchard Subdivision
The plat of which is recorded as Document No. 42180
TITLE CHARGES
Informational Commitment $167.00
COUNTERSIGNED: Pari,ek, P. 13wrwe,U.
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. 2005013
SCHEDULE 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.
1. The 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.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company.
4. 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.
This is an informational only commitment and no policy will be issued hereunder.
5. Receipt of satisfactory Improvement Survey Plat certified to the Company (i) prepared from an on -the -ground inspection by a
registered land surveyor licensed in the State of Colorado; (ii) currently dated, showing the location of the Property and all
improvements, fences, easements, roads, rights -of -way and encroachments or other matters identified in Schedule B - Section 2 of
this Commitment, to the extent such matters are capable of being shown, (iii) containing a legal description of the boundaries of
the Property by metes and bounds or other appropriate legal description; and (iv) meeting the criteria of Colorado Revised Statute
38-51-102(9), as amended, for an Improvement Survey Plat.
NM 6
American Land Title Association Commitment
Schedule B - Section 1 - Form 1004-5
DISCLOSURES
Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph F provides: "Whenever a title entity provides the closing and
settlement service that is in conjunction with the issuance of an owner's policy of title insurance, it shall update the title
commitment from the date of issuance to be as reasonably close to the time of closing as permitted by the real estate records. Such
update shall include all impairments of record at the time of closing or as close thereto as permitted by the real estate records. The
title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title
commitment, other than the effective date of the title commitment, for all undisclosed matters that appear of record prior to the
time of closing." 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. This Notice is required by Colorado Division of Insurance Regulation 8-1-2,
Section 5, Paragraph G.
Pursuant to Colorado Division of Insurance Regulation 8-1-2, notice is hereby given that affirmative mechanic's lien protection for
the prospective insured owner may be available 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. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph M.
Pursuant to Colorado Division of Insurance Regulation 8-1-3, notice is hereby given of the availability of a Closing Protection Letter
which may, upon request, be provided to certain parties to the transaction.
Pursuant to C.R.S. §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
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;
and 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 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.
Pursuant to C.R.S. §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.
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. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph J. "Good Funds Law"
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 and Section
38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the
same as the property address) be included on the face of the deed to be recorded.
File No. 2005013
SCHEDULE B - SECTION 2
Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless 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, 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. 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 canals as constructed by the authority of the United States, as reserved in United
States Patent recorded June 15, 1913 in Book 71 at Page 590.
10. Undivided 200/456's interest in all oil, gas and mineral rights as conveyed to James D. Akin in deed recorded April 22, 1958 in Book 308
at Page 141 and any and all interests therein or assignments thereof.
11. Undivided one-fourth of one percent interest in all oil, gas and mineral rights as conveyed to A. H. Johnson in deed recorded in Book 310
at Page 477 and any and all interests therein or assignments thereof.
12. Terms and conditions of Oil and Gas Lease by and between Joe T. Juhan, as Lessor, and Southern Union Gas Company, Lessee, recorded
in Book 290 at Page 5 and any and all interests therein or assignments thereof.
13. Reservation of all oil, gas and mineral rights by Joe T. Juhan as described in deed recorded December 19, 1966 in Book 380 at Page 493
and any and all interests therein or assignments thereof.
14. Reservations and restrictive covenants for Red Apple Orchards Subdivision recorded December 13, 1985 in Book 680 at Page 304.
15. Easement for the conveyance of irrigation water by open ditch, buried or above ground pipe as conveyed to the Red Apple Landowners
Association in deed recorded December 13, 1985 in Book 680 at Page 308.
16. Rights of way shown on the plat of Red Apple Orchard Subdivision recorded July 3, 1911 as Reception No. 42180.
17. Thirty foot easement for utilities, irrigation ditches and pipelines, road and trail along all lot lines and County Road 320 as conveyed to the
Red Apple Landowners Association in deed recorded December 7, 1995 in Book 960 at Page 432.
18. Terms and conditions of well agreement contained in deed recorded January 23, 1996 in Book 964 at Page 812.
19. Reservation of all mineral rights not previously reserved as described in deed recorded January 23, 1996 in Book 964 at Page 810, and any
and all interests therein or assignments thereof.
20. Deed of Trust from John R. Curran to the Public Trustee of Garfield County for the use of Guaranteed Rate, Inc., showing an original
amount of $269,500.00, dated October 15, 2016 and recorded November 30, 2016 as Reception No. 885812.
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, if any, 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 information - 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 nonpublic 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
period after which any customer relationship has ceased. 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.
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 15, 2020
File No. 2005014
Property Address. 4450 County Road 320, Rifle
Savage Land Company, Inc.
P.O. Box 1926
Rifle, CO 81650
Attn: John Savage
Email: savagejw@slcjbs.com
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No. 2005014
1. Effective Date: May 7, 2020 at 7:59 AM
2. Policy or Policies to be issued:
(a) ALTA OWNER POLICY (ALTA 6-1 7-06)
Proposed Insured:
(b) ALTA LOAN POLICY (ALTA 6-17-06)
Proposed Insured:
$N/A
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:
Jorge Luis Quintana Garcia and Herlinda Quintana
4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and
described as follows:
That part of Lot 28
Red Apple Orchards
Located East of County Road 320
The plat of which is recorded as Document No. 42180
TITLE CHARGES
Informational Commitment $167.00
COUNTERSIGNED: Pa ri,e k, P. 13wrwe,U,
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. 2005014
SCHEDULE 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.
1. The 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.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company.
4. 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.
This is an informational only commitment and no policy will be issued hereunder.
5. Receipt of satisfactory Improvement Survey Plat certified to the Company (i) prepared from an on -the -ground inspection by a
registered land surveyor licensed in the State of Colorado; (ii) currently dated, showing the location of the Property and all
improvements, fences, easements, roads, rights -of -way and encroachments or other matters identified in Schedule B - Section 2 of
this Commitment, to the extent such matters are capable of being shown, (iii) containing a legal description of the boundaries of
the Property by metes and bounds or other appropriate legal description; and (iv) meeting the criteria of Colorado Revised Statute
38-51-102(9), as amended, for an Improvement Survey Plat.
NM 6
American Land Title Association Commitment
Schedule B - Section 1 - Form 1004-5
DISCLOSURES
Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph F provides: "Whenever a title entity provides the closing and
settlement service that is in conjunction with the issuance of an owner's policy of title insurance, it shall update the title
commitment from the date of issuance to be as reasonably close to the time of closing as permitted by the real estate records. Such
update shall include all impairments of record at the time of closing or as close thereto as permitted by the real estate records. The
title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title
commitment, other than the effective date of the title commitment, for all undisclosed matters that appear of record prior to the
time of closing." 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. This Notice is required by Colorado Division of Insurance Regulation 8-1-2,
Section 5, Paragraph G.
Pursuant to Colorado Division of Insurance Regulation 8-1-2, notice is hereby given that affirmative mechanic's lien protection for
the prospective insured owner may be available 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. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph M.
Pursuant to Colorado Division of Insurance Regulation 8-1-3, notice is hereby given of the availability of a Closing Protection Letter
which may, upon request, be provided to certain parties to the transaction.
Pursuant to C.R.S. §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
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;
and 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 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.
Pursuant to C.R.S. §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.
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. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph J. "Good Funds Law"
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 and Section
38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the
same as the property address) be included on the face of the deed to be recorded.
File No. 2005014
SCHEDULE B - SECTION 2
Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless 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, 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. 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 canals as constructed by the authority of the United States, as reserved in United
States Patent recorded June 15, 1913 in Book 71 at Page 590.
10. Undivided 200/456's interest in all oil, gas and mineral rights as conveyed to James D. Akin in deed recorded April 22, 1958 in Book 308
at Page 141 and any and all interests therein or assignments thereof.
11. Undivided one-fourth of one percent interest in all oil, gas and mineral rights as conveyed to A. H. Johnson in deed recorded in Book 310
at Page 477 and any and all interests therein or assignments thereof.
12. Terms and conditions of Oil and Gas Lease by and between Joe T. Juhan, as Lessor, and Southern Union Gas Company, Lessee, recorded
in Book 290 at Page 5 and any and all interests therein or assignments thereof.
13. Reservation of all oil, gas and mineral rights by Joe T. Juhan as described in deed recorded December 19, 1966 in Book 380 at Page 493
and any and all interests therein or assignments thereof.
14. Reservations and restrictive covenants for Red Apple Orchards Subdivision recorded December 13, 1985 in Book 680 at Page 304.
15. Easement for the conveyance of irrigation water by open ditch, buried or above ground pipe as conveyed to the Red Apple Landowners
Association in deed recorded December 13, 1985 in Book 680 at Page 308.
16. Rights of way shown on the plat of Red Apple Orchard Subdivision recorded July 3, 1911 as Reception No. 42180.
17. Thirty foot easement for utilities, irrigation ditches and pipelines, road and trail along all lot lines and County Road 320 as conveyed to the
Red Apple Landowners Association in deed recorded December 7, 1995 in Book 960 at Page 432.
18. Terms and conditions of well agreement recorded July 19, 1996 in Book 985 at Page 389 and as attached to deed recorded July 24, 1996 in
Book 986 at Page 415.
19. Reservation of all mineral rights not previously reserved as described in deed recorded July 16, 1996 in Book 985 at Page 387 and as
re -recorded July 24, 1996 in Book 986 at Page 415.
(Continued)
File No. 2005014
SCHEDULE B - SECTION 2
(Continued)
20. Terms and Conditions of water allotment contract by and between Joan L. Savage and West Divide Water Conservancy District as
evidenced by memorandum recorded August 19, 1996 in Book 989 at Page 323 and as assigned February 4, 2002 in Book 1326 at Page
771.
21. Any and all matters disclosed on Improvement Survey by the Sexton Survey Company Job No. 200291 IMP dated September 12, 2005.
22. Deed of Trust from Jorge Luis Quintana Garcia and Herlinda Quintana to the Public Trustee of Garfield County for the use of W.J.
Bradley Mortgage Capital Corp., showing an original amount of $194,930.00, dated November 11, 2011 and recorded November 29, 2011
as Reception No. 811283.
23. Withdrawal of Notice of Election and Demand for Sale by Public Trustee recorded January 20, 2020 as Reception No. 930734.
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, if any, 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 information - 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 nonpublic 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
period after which any customer relationship has ceased. 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.
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 15, 2020
File No. 2005015
Property Address. 4140 County Road 320, Rifle
Savage Land Company, Inc.
P.O. Box 1926
Rifle, CO 81650
Attn: John Savage
Email: savagejw@slcjbs.com
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No. 2005015
1. Effective Date: May 7, 2020 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:
$N/A
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:
Pierre A. Loncle and Crystal L. Loncle
4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and
described as follows:
That part of Lot 38 located East of County Road 320
Red Apple Orchards
The plat of which is recorded as Document No. 42180
TITLE CHARGES
Informational Commitment $167.00
COUNTERSIGNED: Pa.tri,c,k, P. 6t'rweeU,
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. 2005015
SCHEDULE 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.
1. The 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.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company.
4. 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.
This is an informational only commitment and no policy will be issued hereunder.
5. Receipt of satisfactory Improvement Survey Plat certified to the Company (i) prepared from an on -the -ground inspection by a
registered land surveyor licensed in the State of Colorado; (ii) currently dated, showing the location of the Property and all
improvements, fences, easements, roads, rights -of -way and encroachments or other matters identified in Schedule B - Section 2 of
this Commitment, to the extent such matters are capable of being shown, (iii) containing a legal description of the boundaries of
the Property by metes and bounds or other appropriate legal description; and (iv) meeting the criteria of Colorado Revised Statute
38-51-102(9), as amended, for an Improvement Survey Plat.
NM 6
American Land Title Association Commitment
Schedule B - Section 1 - Form 1004-5
DISCLOSURES
Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph F provides: "Whenever a title entity provides the closing and
settlement service that is in conjunction with the issuance of an owner's policy of title insurance, it shall update the title
commitment from the date of issuance to be as reasonably close to the time of closing as permitted by the real estate records. Such
update shall include all impairments of record at the time of closing or as close thereto as permitted by the real estate records. The
title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title
commitment, other than the effective date of the title commitment, for all undisclosed matters that appear of record prior to the
time of closing." 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. This Notice is required by Colorado Division of Insurance Regulation 8-1-2,
Section 5, Paragraph G.
Pursuant to Colorado Division of Insurance Regulation 8-1-2, notice is hereby given that affirmative mechanic's lien protection for
the prospective insured owner may be available 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. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph M.
Pursuant to Colorado Division of Insurance Regulation 8-1-3, notice is hereby given of the availability of a Closing Protection Letter
which may, upon request, be provided to certain parties to the transaction.
Pursuant to C.R.S. §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
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;
and 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 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.
Pursuant to C.R.S. §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.
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. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph J. "Good Funds Law"
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 and Section
38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the
same as the property address) be included on the face of the deed to be recorded.
File No. 2005015
SCHEDULE B - SECTION 2
Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless 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, 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. 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 canals as constructed by the authority of the United States, as reserved in United
States Patent recorded June 15, 1913 in Book 71 at Page 590.
10. Undivided 200/456's interest in all oil, gas and mineral rights as conveyed to James D. Akin in deed recorded April 22, 1958 in Book 308
at Page 141 and any and all interests therein or assignments thereof.
11. Undivided one-fourth of one percent interest in all oil, gas and mineral rights as conveyed to A. H. Johnson in deed recorded in Book 310
at Page 477 and any and all interests therein or assignments thereof.
12. Terms and conditions of Oil and Gas Lease by and between Joe T. Juhan, as Lessor, and Southern Union Gas Company, Lessee, recorded
November 14, 1955 in Book 290 at Page 5 and any and all interests therein or assignments thereof.
13. Reservation of all oil, gas and mineral rights by Joe T. Juhan as described in deed recorded December 19, 1966 in Book 380 at Page 493
and any and all interests therein or assignments thereof.
14. Reservations and restrictive covenants for Red Apple Orchards Subdivision recorded December 13, 1985 in Book 680 at Page 304.
15. Easement for the conveyance of irrigation water by open ditch, buried or above ground pipe and for roads and utilities as conveyed to the
Red Apple Landowners Association in deed recorded December 13, 1985 in Book 680 at Page 308
16. Rights of way shown on the plat of Red Apple Orchard Subdivision recorded July 3, 1911 as Reception No. 42180.
17. Thirty foot easement for utilities, irrigation ditches and pipelines, road and trail along all lot lines and County Road 320 as conveyed to the
Red Apple Landowners Association in deed recorded December 7, 1995 in Book 960 at Page 432.
18. Right of way easement granted to Western Slope Gas Company in instrument recorded May 16, 1975 in Book 474 at Page 34.
19. Terms and conditions of well agreement by and between Joan L. Savage and Roy E. Savage recorded July 16, 1996 in Book 985 at Page
389.
20. Memorandum of water allotment contract by and between Joan L. Savage and West Divide Water Conservancy District recorded August
19, 1996 in Book 989 at Page 323 and West Divide Water Conservancy District application for assignment of ownership recorded
February 4, 2002 in Book 1326 at Page 771.
21. Reservation of all mineral rights by Joan L. Savage as described in deed recorded December 17, 1996 in Book 1003 at Page 439, and any
and all interest therein or assignments thereof.
(continued)
File No. 2005015
SCHEDULE B - SECTION 2
(Continued)
22. Terms and Conditions of Well Agreement as described in instrument recorded December 17, 1996 in Book 1003 at Page 439.
23. Apparent right of way for a ditch, overhead power line and any rights of parties in possession of that part of the subject property lying
westerly of a fence and all other matters disclosed on Improvement Location Certificate by The Sexton Survey Co. dated January 29, 2013.
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, if any, 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 information - 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 nonpublic 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
period after which any customer relationship has ceased. 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.
Commonwealth Title Company of Garfield County, Inc.
127 East 5th Street
Rifle, Colorado 81650
Telephone: (970) 625-3300
Facsimile: (970) 625-3305
June 24, 2020
John Savage
Savage Land Co
201 Railroad/P.O. Box 1926
Rifle, Colorado 81650
Re: Mineral Owners; Commonwealth Title Company File No. 2005010
Dear John:
We examined title to the minerals as reflected in recorded documents in the Garfield County
Clerk and Recorder's Office for the following parcel:
All of Lots 21 and 27 and that part of Lots 20, 28 and 38 lying Westerly of County Road No. 320
Red Apple Orchards
According to the plat thereof recorded July 3, 1911 as Reception No. 42180.
County of Garfield, State of Colorado.
As appears from the recorded documents in the Garfield County Clerk and Recorder's Office
we examined for the above described parcel, and subject to reservations, exceptions and conditions
contained in the United States Patent, easements, rights of way, liens, encumbrances, rights of parties
in possession, liens, if any, of mechanics and materialmen, zoning and subdivision regulations, and any
state of facts which an accurate survey would disclose, title to the minerals is vested in the following:
Mineral Rights Owner
Address as shown on the most recent recorded
instrument or address on file with the County Assessor
Juhan Fordham Minerals LLC
Juhan-Ray LLC
5936 Colorow Court; Parker, Colorado 80134
25 Ammons Street; Lakewood, Colorado 80226
Juhan Limited Partnership
1802 West Grant Road, Suite 110; Tucson, Arizona 85745
James D. Akins Trust
Margaret K. Akins Trust
The Kinstle Family Revocable Inter
Vivos Trust
Kathryn Nicole Kinstle
The First Church of Christ,
Scientist
First Church of Christ, Scientist
1845 Anaheim Avenue, No. 19A; Costa Mesa California
92627
3450 Palmer Drive, 4-284; Cameraon Park, California
95682
68315 Pasada Road; Cathedral City, California 92234
18 Alta Vista; Rancho Mirage, California 92270
210 Massachusetts Avenue, P5-10; Boston,
Massachusetts, 02115-3195
600 Foothill Blvd.; La Canada, California 91011
Alan H. Bucholtz
1045 First National Bank building; Denver, Colorado 80202
Smith Family Trust dated June 14,
1990
401 El Cielito Road; Santa Barbara, California 93105
Gerald M. Freidman Family Trust
660 Grape Street; Denver, Colorado
DWG Limited Liability Company
1720 South Bellaire Street, Penthouse Suite; Denver,
Colorado 80222
Daniel P. Quiat and Meg G. Quiat
Lee A. Bricker
Bricker Family Trust
Linda Goodman
Leonard E. Quiat
Illana L. Quiat Trust No. 1
1720 South Bellaire Street, Penthouse Suite; Denver,
Colorado 80222
7721 South 5t" Street; Mattawan, Michigan 49071
4240 Piedmont Mesa; Claremont, California 91711
7416 Old Santa Fe Trail; Santa Fe, New Mexico 87505
c/o Gerald M. Quiat, 1720 South Bellaire Street, Penthouse
Suite; Denver, Colorado 80222
c/o Roberta N. Quiat, 1720 South Bellaire Street,
Penthouse Suite; Denver, Colorado 80222
Glenwood Springs Branch
1322 Grand Avenue
Glenwood Springs, Colorado 81601
Telephone: (970) 945-4444
Facsimile: (970) 945-4449
• Page 2
June 24, 2020
Melinda Quiat
Goodman Family Living Trust
Nancy Goodman -Waldman
Wendy Kaeuper LLC 1 and Wendy
Kaeuper LLC2
Alan Waxman LLC 1 and Alan
Waxman LLC 2
c/o Gerald M. Quiat, 1720 South Bellaire Street, Penthouse
Suite; Denver, Colorado 80222
P.O. Box 8480; Kalispell, Montana 59904
6133 Willowbrook Drive; Morrison, Colorado 80465
2263 Krameria Street; Denver, Colorado 80207
6420 Pepperdine NE; Albuquerque, New Mexico 87111
Aries Investments, LLC
Allie Kat, LLC
Weekend Cyclist, LLC
Roselee Energy, LLC
Telrag, LLC
c/o BNY Mellon, 201 Columbine Street, Suite 200; Denver,
Colorado 80206
c/o BNY Mellon, 201 Columbine Street, Suite 200; Denver,
Colorado 80206
c/o BNY Mellon, 201 Columbine Street, Suite 200; Denver,
Colorado 80206
2022 Columbia Road NW, Apartment 706; Washington
D.C. 20009
37 Thomas Road, Poughquag, New York 12570
PAL, INC.
303 East 17th Avenue, Suite 940; Denver, Colorado 80203
June A. Wainwright
Stephen Hittson
David Hittson
Cathleen Snow
Sharon Salgado
Pamela S. Knudsen
Shirley K. Allen
20252 Spring Gulch Road; Morrison, Colorado 80465
3122 Downing Place Court; Beverly Hills, Michigan 48025
14510 Lake Olive Drive; Fort Meyers, Florida 33919
1610 West Canal Court; Littleton, Colorado 80127
5705 South Lee Street; Littleton, Colorado 80127
4386 Rockledge Court; DePere, Wisconsin 54115
2501 South Victor Street, #B; Aurora, Colorado 80014
Hunter Family Limited
Partnership
7478 North Desert Tree Drive; Tucson, Arizona 85704
JFOG LLC
SMDW Enterprises, LLC
Lieba Alpert
Sally Arent McCain
Bonnie Arent Lorenz
Douglas J. Arent
Margret Ruth Arent
2222 South Albion Street, #100; Denver, Colorado 80222
8101 East Prentice Avenue, Suite 800; Greenwood Village,
Colorado 80111
4570 East Yale Avenue, #506; Denver, Colorado 80222
2300 Sally Lane; Castle Rock, Colorado 80109
1143 SW West hills Place; Corvallis, Oregon 97333
1200 Black Hawk Drive; Conifer, Colorado 80433
2998 Pacific Avenue; San Francisco, California 94115
Katherine M. White
27 Picardy; St. Louis, Missouri 63124
Retova Resources, LP
Marshall Quiat Trust
Carole Q. Leight Living Trust
1873 South Bellaire Street, Suite 900, Denver, Colorado
80222
3773 Cherry Creek Drive North, #575; Denver, Colorado
225 South Dexter Street; Denver, Colorado 80246
Alice F. Holman
Micaela G. Jones
John P. Reynolds
Lanell G. Crownhart
10415 Schaper Drive; Galveston, Texas 77554
701 Circle Drive; Huntsville, Texas 77340
1773 Pagosa Way; Aurora, Colorado 80011
2550 Locust Street; Denver, Colorado 80207
L. W. Searle (deceased)
Sheldon Steinhouser
700 East Quincy Avenue, # B 306; Denver, Colorado 80237
Stockton Properties, LLC
5028 Arroyo Chamisa Road, NE; Albuquerque, New Mexico
87111
The Ralph Williams Family Trust
c/o Roy Glenn Kimball
141 Kensington Square; Medford, Oregon 97501
Although we deem this information to be reliable, is not to be construed as an abstract of title,
nor an opinion of title, nor a guaranty of title, and the Companies' liability is limited to the amount paid
for the mineral examination. The effective date of this mineral title analysis is June 22, 2020.
If you have any questions regarding this analysis, please contact me.
Sincerely,
Pari,ck, P. 131A-rwedl,
Patrick P. Burwell
PUBLIC NOTICE
FPAA-06-20-8791: Red Apple Orchards Amended Plat
TAKE NOTICE that Buffalo Basin Ltd. ("BBL"); John R. Curran; Jorge Luis and Herlinda
Quintana; and Pierre A. and Crystal L. Loncle, have submitted an Application to the
Garfield County Planning Commission for an Amended Final Plat. The property is located
within the County of Garfield, State of Colorado; to wit:
Legal Description: T. 6 S., R. 94 W., 6th P.M.: Sec. 34: Red Apple Orchards Tracts 20, 21,
27, 28 and 38 per Plat recorded 7/13/1914 as Doc. #42180.
Practical Description: The Red Apple Orchards Tracts are located south of the Colorado
River, 5.5 miles southwest of Rifle, along County Road 320/Rifle-Rulison Road, with street
addresses of 4544, 4450, and 4140 (BBL Lots 21, 27, 28 and 38 are unimproved and have
not been assigned addresses) County Road 320, Rifle, CO 81650.
Description of Reauest: The Applicant is proposing to amend the Red Apple Orchards
Plat to conform to previously conveyed parcels and to eliminate unauthorized partial lots
northwest of the County Road.
Action on this Application is by Administrative Review ONLY. No Public Hearing will be
held.
The date for Administrative Review Decision is:
All persons affected by this action are invited to state their views, protests or support by
mail, on or before to the Garfield County Development Department at
108 8th Street, 4th Floor, Suite 401, Glenwood Springs, Colorado 81601. The Departments
Offices are currently closed to public access. The application can be viewed at
"Applications Under Review" on the Garfield County website, Community Development
Department (Search for FPAA-06-20-8791).
You may also contact the Applicants for additional information: c/o John W. Savage, 201
Railroad Ave./PO Box 1926, Rifle, CO 81650; (970-625-1470); savagejw@slcjbs.com.
►'' Garfield County
CERTIFICATION OF MINERAL OWNER RESEARCH
This form is to be completed and submitted with any application for a Land Use Change Permit.
Mineral interests may be severed from surface right interests in real property. C.R.S. § 24-65.5-101, et seq,
requires notification to mineral owners when a landowner applies for an application for development from a
local government. As such, the landowner must research the current owners of mineral interests for the
property.
The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4-101(E)(1)(b)(4) requires
written notice to owners of mineral interests in the subject property in accordance with C.R.S. § 24-65.5-101,
et seq, "as such owners can be identified through the records in the office of the Clerk and Recorder or
Assessor, or through other means." This form is proof of applicant's compliance with the Colorado Revised
Statutes and the LUDC.
The undersigned applicant certifies that mineral owners have been researched for the subject property as
required pursuant to C.R.S. § 24-65.5-101, et seq, and Section 4-101 (E)(1)(b)(4) of the Garfield County Land
Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies
the following (Please initial on the blank line next to the statement that accurately reflects the result of
research):
_ I own the entire mineral estate relative to the subject property; or
/s/jws
Minerals are owned by the parties listed below
The names and addresses of any and all mineral owners identified are provided below (attach additional pages
as necessary):
Name of Mineral Owner
Mailing Address of Mineral Owner
See attached 6/24/2020 Report from Common We2
Ith Title CO.
acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the
LUDC.
Applicant's Signature
Date