HomeMy WebLinkAbout1.01 Supplemental App InfoCommonwealth 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: February 17, 2021
File No. 1112018.1
Property Address. 208 County Road 227, Silt
Bookcliff Survey Services Inc.
136 East 3rd Street
Rifle, CO 81650
Attn: Michael Langhorne
Email: ml@bookcliffsurvey.com
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No. 1112018.1
1. Effective Date: February 11, 2021 at 7:59 AM
2. Policy or Policies to be issued:
(a) ALTA OWNER POLICY (ALTA 6-17-06) $N/A
Proposed Insured:
(b) ALTA LOAN POLICY (ALTA 6-17-06)
Proposed Insured:
3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and
is at the effective date hereof vested in:
Mike Miller and Michelle R. Miller
4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and
described as follows:
See Attached Exhibit "A"
TITLE CHARGES
Commitment/Plat fee $125.00
COUNTERSIGNED: ___________________Patrick P. Burwell_____________________________
Authorized Officer or Agent
Valid Only if Schedule B and Cover Are Attached
American Land Title Association Issuing Agent:
Schedule A Commonwealth Title Company of Garfield County, Inc.
(Rev'd 6-06) 127 East 5th Street Rifle, CO 81650
File No. 1112018.1
EXHIBIT "A"
A parcel of land situated in the SW¼SW¼ of Section 5, Township 6 South, Range 92 West of the 6th P.M. lying Easterly
of the Easterly right of way fence of a County Road as constructed and in place, Southwesterly of the Southwesterly right
of way line of the Lower Cactus Valley Ditch and Southerly of a fence line as recorded in previous documents, said
parcel of land is described as follows:
Beginning at a point on the Easterly right of way fence of said County Road, whence the Section corner common to
Sections 5, 6, 7 and 8 in said Township and Range (said corner re-established by Garfield County Surveyor, 1964) bears:
South 02°21'53" West 888.68 feet; thence North 00°22'18" East 240.90 feet along said right of way fence; thence North
18°12'29" East 154.64 feet to a point in a fence line as previously described; thence North 89°34'00" East 298.79 feet
along said fence line to a point on the Southwesterly right of way line of said ditch; thence South 68°05'09" East 63.20
feet along said ditch right of way; thence South 86°49'40" East 35.83 feet along said ditch right of way; thence South
63°21'13" East 127.04 feet along said ditch right of way; thence South 32°23'00" East 109.91 feet; thence South
30°45'00" West 325.40 feet; thence South 33°27'00" West 137.75 feet; thence North 88°57'00" West 265.55 feet; thence
North 02°17'00" West 161.83 feet; thence North 82°30'00" West 102.10 feet to a point on the Easterly right of way fence
of said County Road, the Point of Beginning.
File No. 1112018.1
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. 1112018.1
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, 1892 as Reception No. 14148.
10. Easement and right of way for a utility line granted to the Mountain Telephone and Telegraph Company as described in instrument
recorded November 8, 1911 as Reception No. 42951.
11. Easement granted to the Grand River Ditch Company as described in instrument recorded July 24, 2002 at Reception No. 607525.
12. Lien filed by Alpine Wildflowers, LLC, against Mike Miller and Nettie Miller in the original amount of $101,248.39 recorded August 30,
2011 at Reception No. 807484.
13. Notice of Lis Pendens issued by the Clerk of the Court in Civil Action No. 2011CV286 in the District Court of Garfield County; Garfield
County entitled Alpine Wildflowers LLC, plaintiff, vs. Rifle Remedies, LLC d/b/a The Grow House and Green Cross Rifle; Michael
Miller; Nettie Miller and Daniel Meskin; Western Rockies Federal Credit Union and the Public Trustee of Garfield County, defendant; Lis
Pendens recorded December 28, 2011, as Reception No. 812447.
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.
August 24, 2021
Glenn Hartmann
Principal Planner
Garfield County
Community Development Department
Miller Minor Subdivision (MISA-01-21-8828)
Dear Mr. Hartman,
Please accept the following to comply with your request for additional information. This submission will
address each of the relevant code provisions that apply to this application. Before addressing the code, a
short narrative is in order.
Mike and Michelle Miller (“Applicants”) are requesting this minor subdivision to potentially offer the
property for sale. The proposed Lot 2 is developed with all the development properly permitted by
Garfield County. Lot 1 is currently undeveloped, with the exceptions as set forth below. Because Lot 1
will be offered for sale at some point in the future, the Applicants do not want to constrain future
purchasers with specific land uses (e.g., location and frontage of the home, location of the septic
system, etc.) in a manner that might devalue the value of the property. As such, the Applicants are
requesting waivers at this point of the application process. Upon the grant of this minor subdivision
request, the Applicants represent that the specific compliance with the code occur at the time of
development, subject to the Garfield County Land Use Code and the Garfield County Building Code. The
request is consistent with 1-108 A. 2. that sets forth that “This Code shall be liberally construed to
further its underlying purposes.”
If further clarification is requested by Garfield County, the Applicants request that they be allowed
additional time to comply.
7-101 Zone District Use Regulations
The property is zoned Rural.
7-102 Comprehensive Plan and Intergovernmental agreements
Under the comprehensive plan, the property is in the Commercial General area.
7-103 Compatibility
The property is compatible with adjacent land uses. Specifically, it is used and will be used for rural
residential with agricultural use.
7-104 Source of Water
Both properties will be served by wells as indicated by the plat submitted by Bookcliff Surveying
(“Bookcliff”).
7-105 Central water distribution and wastewater systems
Both properties will be served with septic systems. Because Lot 1 is currently undeveloped, for the
reasons set forth above, any development of Lot 1 will comply with the Garfield County Land Use Code
and Building Code. Until it is developed, it is requested that a waiver be granted until and when the land
is developed. If additional information is necessary, please advise.
7-106 Public Utilities
Lot 2 is currently served by Xcel Energy. Lot 1 has access to Xcel Energy. All necessary easements and
access will be provided when Lot 1 is developed. Xcel Energy has been contacted to obtain information
regarding electric service to the new lot; however, until more certainty is obtained about the location of
the single-family residence and septic system, Xcel will not provide information regarding the cost or
location of the connection. Because Lot 1 is currently undeveloped, for the reasons set forth above, any
development of Lot 1 will comply with the Garfield County Land Use Code and Building Code. Until it is
developed, it is requested that a waiver be granted until and when the land is developed. If additional
information is necessary, please advise.
7-107 Access and roadways
Lot 2 currently has access to County Road 227. Lot 1 will be granted access easement as provided on the
survey to allow for access. Upon the grant of this application, the Applicants will comply with the
Garfield County access permit for this access. Because Lot 1 is currently undeveloped, for the reasons
set forth above, any development of Lot 1 will comply with the Garfield County Land Use Code and
Building Code. Until it is developed, it is requested that a waiver be granted until and when the land is
developed. If additional information is necessary, please advise.
7-108 Use of land subject to natural hazards
The lots are not subject to known natural or geologic hazards. If additional information is necessary,
please advise.
7-109 Fire Protection
Fire protection is provided by Rifle Fire Protection District. If additional information is necessary, please
advise.
7-201 Agricultural Lands
This minor subdivision does not adversely affect agricultural operations and conforms to 7-201. If
additional information is necessary, please advise.
7-202 Wildlife Habitat Areas
The property does not disturb wildlife habitat or native vegetation. If additional information is
necessary, please advise.
7-203 Protection of Waterbodies
Identification of wetlands is set forth in the map and plat submitted by Bookcliff. Because Lot 1 is
currently undeveloped, for the reasons set forth above, any development of Lot 1 will comply with the
Garfield County Land Use Code and Building Code. Until it is developed, it is requested that a waiver be
granted until and when the land is developed. If additional information is necessary, please advise.
7-204 Drainage and Erosion
Because Lot 1 is currently undeveloped, for the reasons set forth above, any development of Lot 1 will
comply with the Garfield County Land Use Code and Building Code. Until it is developed, it is requested
that a waiver be granted until and when the land is developed. If additional information is necessary,
please advise.
7-205 Environmental Quality
Because Lot 1 is currently undeveloped, for the reasons set forth above, any development of Lot 1 will
comply with the Garfield County Land Use Code and Building Code. Until it is developed, it is requested
that a waiver be granted until and when the land is developed. If additional information is necessary,
please advise.
7-206 Wildfire Hazards
The lots are not located in a severe Wildfire Hazard Area and do not have slopes greater than 30% or
within a fire chimney as identified by the Colorado State Forest Service. Lot 1 will be developed in a
manner that does not increase the potential intensity or duration of a wildfire, or adversely affect
wildfire behavior. Because Lot 1 is currently undeveloped, for the reasons set forth above, any
development of Lot 1 will comply with the Garfield County Land Use Code and Building Code. Until it is
developed, it is requested that a waiver be granted until and when the land is developed. If additional
information is necessary, please advise.
7-207 Natural and Geologic Hazards
All utilities on Lot 1 will be underground in compliance with 7-106. The property is not located in neither
an Avalanche, Landslide, Rockfall, nor Alluvial Fan Hazard area. Because Lot 1 is currently undeveloped,
for the reasons set forth above, any development of Lot 1 will comply with the Garfield County Land Use
Code and Building Code. Until it is developed, it is requested that a waiver be granted until and when
the land is developed. If additional information is necessary, please advise.
7-208 Reclamation
Code provision 7-208 will be complied with upon construction and will comply with the building code.
Because Lot 1 is currently undeveloped, for the reasons set forth above, any development of Lot 1 will
comply with the Garfield County Land Use Code and Building Code. Until it is developed, it is requested
that a waiver be granted until and when the land is developed. If additional information is necessary,
please advise.
7-301 Compatible Design
It is anticipated that Lot 1 will be used for a single-family dwelling; therefore, it is exempt from 7-301.
However, if use is different, such use will be subject to the Garfield County Land Use Code and Building
Code. Until it is developed, it is requested that a waiver be granted until and when the land is
developed. If additional information is necessary, please advise.
7-302 Off-Street Parking and Loading Standards
It is anticipated that Lot 1 will be used for a single-family dwelling. Because Lot 1 is currently
undeveloped, for the reasons set forth above, any development of Lot 1 will comply with the Garfield
County Land Use Code and Building Code. Until it is developed, it is requested that a waiver be granted
until and when the land is developed. If additional information is necessary, please advise.
7-303 Landscaping Standards
It is anticipated that Lot 1 will be used for a single-family dwelling; therefore, it is exempt from 7-303.
Because Lot 1 is currently undeveloped, for the reasons set forth above, any development of Lot 1 will
comply with the Garfield County Land Use Code and Building Code. Until it is developed, it is requested
that a waiver be granted until and when the land is developed. If additional information is necessary,
please advise.
7-304 Lighting Standards
Lighting standards will be following the code and will be subject to the requirements of the building
code. Plat notes will indicate this compliance.
7-305 Snow Storage
It is anticipated that Lot 1 will be used for a single-family dwelling; therefore, it is exempt from 7-305.
7-306 Trail and Walkway Standards
It is anticipated that Lot 1 will be used for a single-family dwelling; therefore, it is exempt from 7-306.
In conclusion, the Applicants have made a good faith effort to comply with all aspects of the code.
Therefore, the Applicants respectfully request that the application be granted any and all waivers until
and when Lot 1 is developed. The Applicants request that the application for a minor subdivision be
granted. In the alternative, the Applicants request additional time to provide any and all information
that Garfield County requires. Thank you for your consideration.
Respectfully submitted,
_____________________________________ and ___________________________________
Mike Miller Michelle Miller
Book 424
Page IOB
Recordea at...-Q.!.11?.......o'aoct....å..:...u., ....-ry-p..yf.,$Þer...-]..'....L97..}-.-.....'......'
land situated in the SWkSWà of Section 5, Township 6 South, Range 9
West of the Sj.xth Principal Meridian, lying Easterly of the EasterJ
right-of-way fence of a County Road as constructed and in place,
Soúthwesterly of the Southwesterly right-of-r^ray line of the rro.wer
Cactus Valley Ditch and Southerly of a fence Line as recorded in .. '
previous documents, said parcel of land is described as foLLows:
eeginning at a point on the Easterly right-of-way fence of sãid
County Road, whence the Section Corner eonmon to Sections 516.7 & I
in said township and range (said cQrner re-established by Garfield
Countv surveyor, L964) bãars: S,azozLt53" w. 888.68 feetl thence N.
OOa221 18" E.- 240.90 feet along said right-of-way fencei thence N.
18012,29" E. L54.64 fee! Lo a point in a fence line as previously
described; thence N. 89034'00" E.298.79 feet aLong saiil fence line
to a point onr the Southwesterl-y right-of-way line of said ditch;
thencè s. 68005'09" E. 63.20 feeL along said ditch ríght-of-way;
thence s.86049r40" E. 35.83 feet along said ditch right-of-way;
thence s.63021'13" E. L27.04 feet al-ong said dltch right-of-way;
thence s.32023'00u E. 109.91 feet; thence s.30u4Þ'00" l'7. 325.40 fee
thence s. 33027'00" !v. L37.75 feet; thence N. 88057'00" W. 265.55
feet; thence N. 02oi-7'00u If. 161.83 feet; thence N.B2o30 r00" w. 102
feet to a point on the Easterly right-of-way fence of saiil County
Road, the point of beginning. Together with .39 of a share of the
capital stock of the Grand River Ðitch company as evidenced by a
stock certificate.
The above described parcel of land contains 6.1 acresf more or l"ess
See plat annexed hereto and made a part of this deed..
Reception
atr rr2l B I Ia St çp.h.Ç.1¡9.r.......Recorder.
RECORDDR'S STÄMP
Turs Dnru, Made this
19 71 , between
13th doy of October ,
-MARY B. ANDERS---
Siriit i0ilji,íiiii/rllT ftt
Garfield and Stoto of
fit alrt te7î
of the Counüy of
Colorado, of the first part, and
R. COUI,TER and FR-ANCES L. COUTTER---
of the County of Garfield snd St¿te of Colorado, of the second part:
WITNDSSETI{, ùhatthe saiil part iegt the first part, for and.in conside¡ation of the sum of
Dollars and other good and valuable consideration--------Ðolr.aRs,
to the said larti-e5 of the first part Ín hantl paid by tlc said parties of the seco¡¡d part, the receipt vhereof is
hereby confessed and acknoryledged, ha ve gra¡tecl, bargained, sold and conveyed, and by these presents do
graút, bargain, sell, convey and conJirm unto the said parüies of the second part' their hei¡s and assigns forever, not
in tenancy ín common but in joint tenanc¡ all the fotlowing described loü or parcel of laad, situatæ, lyiag and
beíng in the Couniy of Garfield and State of Colorado, to ¡vit: Ã, parcel
TOGETEER with all and singular the hcreditaments and appurtenances thereunto belonging, or in anywise
appertaining, a¡d the revergion and reversions, remainder and remainde¡s, rents, issues and profits thereof; and
all the estate, right, title, Ínterest, cl¿im and demand lvhatsoever of the said par'ü! of the fÍrst part, either in
larv or equity, of, in and to the above b¡rgained premises, with the hereditâmcnts and appurtenances.
var
I
No. ?68. ÌVÂI¡RANTY DDED-To Joi¡t TcnÂnts.-lrÁdtord Publishin8 Co.¡ 182,1-16 StoutSüGb D@vcr, Colomdo
Book 424
Page 1O!
TO EAVE Á.ND TO EOLD the sai<l premises above bargained and describeil, with the appurtenances, unto the
said parties of the eeconal part, their heirs and assigns fdrever. A¡<l the said parü y of the fl¡st part, for
hef sel f , hef heirs, executors, lnd. administrators, do €S coveuant, grant, bargain antl agtee to
and lvitli the slid parties of the seconil part, their hcirs ancl åssigns, that aü the time of the ensealing and delivery
of these presents, She iS well seizecl of the premises above conveyed, as of good, sure, per{ect, absoluts
and indcfeagible estate of inheritance in l¿rv, in fee simple, ¿nd ha Vê good right, full power and l¿rvJul authority
to grant, bargain, sell and convey the same in manner ¡nd fo¡nr aforesaid, and that the same are f¡se and clea¡ from
¿li formcr and other grants, bargains, sales, liens, tû¡.es, assessments and incumbrances of rvh¡teve¡ kind or nature,
soever, except 1971 general- taxes have been apPqrtíoned and assufìed by
second parties.
anil the ¿bove bargaineil premises in the quiet and. peaceable possession of the soid parties of the second paÏt, their
heì¡s and assigas, against all ancl ever.y pe¡son or pe¡sons lawfully claìming or to claim the wholé or aay part thereof,
the said part 1¡ of the filst part shall and will 'IIIARRANT AND FOREVER DEFDND.
IN WI,I'NrESS WREREOF, the saicl BartY of the first p¿rt ba s heleunto set her h¿nd and
sesl the day and ycar firgt above \ritten.
Signed, Sealed and Delivered in the P¡esence of )4,,^-. ¿)" A-.*X-,*l TSEAI,]- Màit -e/ enders
t'sTtar,'l
lsEAr,l
STATE OF COLORADO, ,
County of Garfield ss,
The foregoing i¡istrument s'as acknos'leclgeil before me this I 3 th day of October
19 7L, by* MARY B ANDERS_-.
¿¡f-Z'"¿'¿-My commlsslon expirer 7r/-, \g 7f . Witaesg my hand and
. f! b9 nstuBl ncEo! or ¡teEors herc lDsert hanc o! trm€: ll by ¡¡wona aotl¡g iD ¡cDrascnttlivc or olficlsl optclùy or s
th6 l¡rcrt Dsmc ot pem! u sccutor, titoFey'ir'fÂct or other qÞsclty or dec!¡ptio¡; if bv officar of conro¡¡tio¡, ¿hcÁ ln¡ell D¡Ee
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76.Ð R, gEU OTTHE 6TH PMkBook 424
Page 11O
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A parcel of land sifuafed in the Sl,\,åS!,l* of Sectîon 5, Townsh:ip 6 South, Range 92 West ofrhe,Sixfh Príncipal. Meridian, lying EasÍerly of ihe.Éas+erlyiiignt-of-"uy fence of a countyRoad as construcfed and in p.lace, Southwestårly of the SoutÁwesíerlv risÁt-ãf-way'tin. otthe Lower Cactus Valley Difch and Southerly of'a fence line as recorded in prevîous documenls,said uercel of land is descri5nrj as fol lorvs:
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GARFIELD COUNTY
COLORADO
Beginning at a poinf on the Easterly right-of -way fence of said County Road, whence the SectiCorner commoh fo Secf ions 5,6,7 .& B in said township and range (said corner reestabl ished byGarfield County Su rveyor,1964) bears: S.O2dZl r53rr !.l. 888.68 feet; thence N.OOo22r lB'r E.240.90feet along said ri ght-of fence; thence N.lBol2t29tr 8..154.64 feel to a poinf in a fence
I ine as reviously descri thence N.Bgd14r00rr E. 298.19 feet along såid fence I ine to a po i n1'on the ou lirwesler ly r igh'f -o f-way I ine ofsaid ditch; thence S.68o05r09rr E. 63,20 feet alongsai d di.lclr riqhl'-of-way;the¡rce 5.86o49r40rr E,55,83 feet al ong sðid dilch rÌah*-of-wav¡thence S e':\n 2l I I 3tt E. I 27 .O4 f eef a long sa íd d íföli ri ghT-ot-wa thê nce S.5?d 23 r 00'r E, 1 09.9 1feet; fhe nce S.30t 45r00rt Vl. 325.40 fee1.; -lhence S. 3 30 27t o}t!W.t37 ¡75 feet thence N . B8r 57 'COr' l'J , ?,(t'.¡ ,55 t ee*thence N.02d 17t00'r !J;'l6l.B¡ feet; 'fhênce N.B2d io toÓi' t,ll. l0z. l0 feet, lo a
¡rr'> lrll on i he Easl.er I y right-of-way fence of said Counfy Roarl, the poi nt of beginning.
The above described parcel of land contains 6.1 acres, rnore or less. SCARROW AND I,ALKER,lNC.
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This parcel of land..is not necessari ly adjace
Gulch but is lying Westerly of Mal lory Gulch.
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