HomeMy WebLinkAbout1.00 ApplicationCommunity Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www .garfield-county.com
TYPE OF APPLICATION
@Administrative Review
Dumited Impact Review□Major Impact Review□Amendments to an []roved LUCP
DuR OM1R sup
0Minor Temporary Housing Facility
Ovacation of a County Road/Public ROW□Location and Extent Review□comprehensive Plan Amendmen�□Pipeline Development
LAND USE CHANGE PERMIT
APPLICATION FORM
D Development in 100-Year FloodplainD Development in 100-Year Floodplain VarianceD Code Text Amendment□Rezoning
Ozone District 0PUD 0PUD Amendment□Administrative Interpretation□Appeal of Administrative Interpretation□Areas and Activities of State Interest□Accommodation Pursuant to Fair Housing Act
Ovariance
LJTime Extension (also check type of original application}
INVOLVED PARTIES
Owner/ Applicant
Name: Hight Country Starship Limited
Mailing Address: PO Box 155
City: Woody Creek
E-mail: hhhgenseng@yahoo.com
Representative (Authorization Require d)
Name: Eric Gross
Mailing Address: PO Box 608
Cit y: Carbondale
E-mail: ejg@roaringforklaw.com
PROJECT NAME AND LOCATION
Project Name:
State: CO
State: CO
Phone: ( )
Zip Code: 81656-0155
Phone: ( 970 } 778-0826
Zip Code: 81623
Goose Creek Subdivision, Lots 3 and 4
Assessor's Parcel Number: ---------------
Physical/Street Add ress: 302 Goos e Cr eek Lane, Carbo nd al e, CO 81623 and Unaddr essed
Legal Description: Section 35, Township 7 S, Range 88W, Goose Creek
Subdivision Lots 3 & 4
Zone District : R ural Property Size (acres): 8.989
1620 Grand Avenue
Glenwood Springs, CO 81601
Phone: 970-945-1169 Fax: 844-269-2759
www.titlecorockies.com
Commitment Ordered By:
Rebecca Moller
Roaring Fork Paralegals, LLC
907 Wheel Circle
Carbondale, CO 81623
Phone: 970-319-5703
Inquiries should be directed to:
Nevada Hunter
Title Company of the Rockies
1620 Grand Avenue
Glenwood Springs, CO 81601
Phone: 970-945-1169 Fax: 844-269-2759
Commitment Number:0603590-C
Buyer's Name(s):Purchaser with contractual rights under a purchaser agreement with the vested owner identified
at item 4 below
Seller's Name(s):High Country Starship Limited
Property:302 Goose Creek Ln., Carbondale, CO 81623
GOOSE CREEK SUB Lot: 3 AMENDED LOTS 3 & 5, Garfield County, Colorado
0, Carbondale, CO 81623
GOOSE CREEK SUB LOT 4, Garfield County, Colorado
TITLE CHARGES
These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums
for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges
related thereto.
If applicable, the designation of “Buyer” and “Seller” shown below may be based on traditional settlement practices in Garfield County,
Colorado, and/or certain terms of any contract, or other information provided with the Application for Title Insurance.
Owner’s Policy Premium:
Loan Policy Premium:
Additional Lender Charge(s):
Additional Other Charge(s):
Tax Certificate:
Total Endorsement Charge(s):
TBD Charge(s):
TOTAL CHARGES:
$25.00
$250.00
$275.00
Service Beyond Expectation in Colorado for: Eagle, Garfield, Grand, Pitkin and Summit Counties. (Limited Coverage: Jackson, Lake, Park and Routt Counties)
Locations In: Avon/Beaver Creek, Basalt, Breckenridge, Grand Lake and Winter Park. (Closing Services available in Aspen and Glenwood Springs).
CM-2 (ALTA Commitment for Title Insurance (6-17-06)(WLTIC Edition (9/26/07)
ALTA Commitment For Title Insurance
(Adopted 06-17-06) (Revised 08-01-2016)
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
WESTCOR LAND TITLE INSURANCE COMPANY
NOTICE
IMPORTANT-READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION,
OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE
COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE
PROPRIETARY TO THE COMPANY, W ERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE
NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED
IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE
COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER
PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and the Commitment Conditions,
WESTCOR LAND TITLE INSURANCE COMPANY, a South Carolina Corporation (the “Company”), commits to issue the Policy
according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in
Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified
dollar amount as the Proposed Policy Amount and the name of the Proposed Insured.
If all of the Schedule B, Part I-Requirements have not been met within six (6) months after the Commitment Date, this
Commitment terminates and the Company's liability and obligation end.
IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be
hereunto affixed and by these presents to be signed in facsimile under authority of its by-laws, effective as of the date of
Commitment shown in Schedule A.
Issued By:
WESTCOR LAND TITLE INSURANCE COMPANY
Title Company of the Rockies, LLC
10 W Beaver Creek Blvd., Suite 221, PO Box
980
Avon, CO 81620-0980
Phone: (970) 949-9497
Westcor Land Title Insurance Company
ALTA Commitment -2006 (6-17-06)
(Reverse side of Cover)
CONDITIONS
The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.1.
If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim2.
or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other
than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in
writing, the Company shall be relieved from liability for any loss or damage resulting from any act of
reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the
proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires
actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at
its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve
the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and
Stipulations.
Liability of the Company under this Commitment shall be only to the named proposed Insured and such3.
parties included under the definition of Insured in the form of policy or policies committed for and only for
actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest
or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount
stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring
provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or
policies committed for in favor of the proposed Insured which are hereby incorporated by reference and
are made a part of this Commitment except as expressly modified herein.
This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title4.
or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may
have or may bring against the Company arising out of the status of the title to the estate or interest or the
status of the mortgage thereon covered by this Commitment must be based on and are subject to the
provisions of this Commitment.
The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of5.
Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as
the exclusive remedy of the parties. You may review a copy of the arbitration rules at<
http://www.alta.org/>.
(Reverse side of Cover)
Westcor Land Title Insurance Company
Joint Notice of Privacy Policy
of
Westcor Land Title Insurance Company
and
Title Company of the Rockies, LLC
Westcor Land Title Insurance Company (“W LTIC”) and Title Company of the Rockies, LLC value their customers and are
committed to protecting the privacy of personal information. In keeping with that philosophy, we each have developed a Privacy
Policy, set out below, that will endure the continued protection of your nonpublic personal information and inform you about the
measures WLTIC and Title Company of the Rockies, LLC take to safeguard that information. This notice is issued jointly as a
means of paperwork reduction and is not intended to create a joint privacy policy. Each company's privacy policy is separately
instituted, executed, and maintained.
Who is Covered
We provide our Privacy Policy to each customer when they purchase a W LTIC title insurance policy. Generally, this means that the
Privacy Policy is provided to the customer at the closing of the real estate transaction.
Information Collected
In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic personal
information directly from the customer, from customer-related transactions, or from third parties such as our title insurance agent,
lenders, appraisers, surveyors and other similar entities.
Access to Information
Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform their jobs.
These employees include, but are not limited to, those in departments such as closing, legal, underwriting, claims and
administration and accounting.
Information Sharing
Generally, neither W LTIC nor Title Company of the Rockies, LLC shares nonpublic personal information that it collects with
anyone other than those individuals necessary needed to complete the real estate settlement services and issue its title insurance
policy as requested by the consumer. W LTIC or Title Company of the Rockies, LLC may share nonpublic personal information
as permitted by law with entities with whom WLTIC or Title Company of the Rockies, LLC has a joint marketing agreement.
Entities with whom W LTIC or Title Company of the Rockies, LLC have a joint marketing agreement have agreed to protect the
privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as W LTIC and Title
Company of the Rockies, LLC use to protect this information and to use the information for lawful purposes. W LTIC or Title
Company of the Rockies, LLC , however, may share information as required by law in response to a subpoena, to a government
regulatory agency or to prevent fraud.
Information Security
W LTIC and Title Company of the Rockies, LLC , at all times, strive to maintain the confidentiality and integrity of the personal
information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical,
electronic and procedural safeguards in compliance with federal standards to protect that information.
The WLTIC Privacy Policy can be found on WLTIC's website at www.wltic.com
COMMITMENT FOR TITLE INSURANCE
Issued by
as agent for
Westcor Land Title Insurance Company
SCHEDULE A
Reference:Commitment Number: 0603590-C
1.Effective Date: October 18, 2021, 7:00 am Issue Date: November 09, 2021
2.Policy (or Policies) to be issued:
ALTA Owner's Policy (6-17-06)Policy Amount: Amount to be Determined
Premium:Amount to be Determined
Proposed Insured:Purchaser with contractual rights under a purchaser agreement with the vested
owner identified at item 4 below
3.The estate or interest in the land described or referred to in this Commitment is Fee Simple.
4.The Title is, at the Commitment Date, vested in:
High Country Starship Limited
5.The land referred to in this Commitment is described as follows:
FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE
For Informational Purposes Only - APN: R040738 et. al
Countersigned
Title Company of the Rockies, LLC
This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Westcor Land Title Insurance Company.
This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A;
Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule B - Part II
Page 1
By:
Mike Mulligan
Commitment No: 0603590-C
SCHEDULE A (continued)
LEGAL DESCRIPTION
The Land referred to herein is located in the County of Garfield, State of Colorado, and described as follows:
Lots 3 and 4,
GOOSE CREEK SUBDIVISION, according to the Plat thereof filed July 06, 1992 as Reception No. 436455 and the
Amended Final Plat thereof filed September 03, 2003 as Reception No. 635619.
For each policy to be issued as identified in Schedule A, Item 2, the Company shall not be liable under
this commitment until it receives a specific designation of a Proposed Insured, and has revised this
commitment identifying that Proposed Insured by name. As provided in Commitment Condition 4, the
Company may amend this commitment to add, among other things, additional exceptions or
requirements after the designation of the Proposed Insured.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance
Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment
Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees
and
ALTA members in good standing as of the date of use. All other uses are
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule A
Page 3
Commitment No: 0603590-C
COMMITMENT FOR TITLE INSURANCE
Issued by
Westcor Land Title Insurance Company
SCHEDULE B, PART I
Requirements
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 effective date hereof may appear as an exception under Schedule B of the
policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the clerk and recorded of
the county in which said property is located.
All of the following Requirements must be met:
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.
Evidence satisfactory to the Company or its duly authorized agent that all dues and/or assessments levied by5.
the Homeowners Association have been paid through the date of closing.
NOTE: Please be advised that our search did not disclose any open Deeds of Trust of record. If you
should have knowledge of any outstanding obligation, please contact the Title Department
immediately for further review prior to closing.
Certificate of Limited Partnership for High Country Starship Limited, a Colorado limited partnership,6.
disclosing the names of the general partners and other information required by 1973 C.R.S. 7-61-101, et.
seq., as amended, and evidencing the existence of said limited partnership prior to, must be filed in the
office of the Secretary of State for the State of prior to, but need not be recorded.
Deed from High Country Starship Limited to Purchaser with contractual rights under a purchaser agreement7.
with the vested owner identified at item 4 below.
NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to
accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288-CRA 39-14-102.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance
Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment
Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees
and
ALTA members in good standing as of the date of use. All other uses are
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule B - Part I
Page 4
Commitment No: 0603590-C
THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE
RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GARFIELD COUNTY,
COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR
INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH
ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE
GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY.
NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND
UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL BE PAID
BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR NOMINEE CLOSES THE
TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE COMMITMENT, ALL
IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE
COLORADO DEPARTMENT OF INSURANCE.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance
Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment
Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees
and
ALTA members in good standing as of the date of use. All other uses are
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule B - Part I - continued
Page 5
Commitment No: 0603590-C
SCHEDULE B, PART II
Exceptions
THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR
LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE
EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES
STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION,
GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN.
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.
Any loss or damage, including attorney fees, by reason of the matters shown below:
Any facts, right, interests, or claims which are not shown by the Public Records but which could be1.
ascertained by an inspection of said Land or by making inquiry of persons in possession thereof.
Easements or claims of easements, not shown by the Public Records.2.
Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that3.
would be disclosed by an accurate and complete land survey of the Land.
4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed by law
and not shown by the Public Records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the Public
Records or attaching subsequent to the effective date hereof, but prior to the date of the proposed insured
acquires of record for value the estate or interest or mortgage thereon covered by this Commitment.
6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency
that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records
of such agency or by the Public Records.
Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to7.
penetrate or intersect the premises hereby granted and right of way for ditches or canals constructed by the
authority of the United States as reserved in United States Patent recorded March 17, 1898 in Book 12 at
Page 480.
Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to8.
penetrate or intersect the premises hereby granted and right of way for ditches or canals constructed by the
authority of the United States as reserved in United States Patent recorded February 9, 1895 in Book 12 at
Page 353.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance
Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment
Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees
and
ALTA members in good standing as of the date of use. All other uses are
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule B - Part II
Page 6
Commitment No: 0603590-C
Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross9.
Electric Association, Inc., in instrument recorded November 12, 1992 in Book 847 at Page 29.
Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County10.
Commissioners recorded June 18, 1991 in Book 806 at Page 281 as Resolution No. 91-056.
Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set11.
forth in Protective Covenants for Goose Creek Subdivision recorded July 6, 1992 in Book 835 at Page 892
as Reception No. 436454, and First Amendment to Protective Convenants recorded September 08, 2003 in
Book 1516 at Page 201 as Reception 636024, deleting therefrom any restrictions indicating any preference,
limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin.
Terms, conditions, provisions and obligations as set forth in Easement recorded July 6, 1992 in Book 835 at12.
Page 989.
Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County13.
Commissioners recorded September 8, 1993 in Book 874 at Page 812 as Resolution No. 93-077.
Easements, rights of way and all other matters as shown on the Plat of Goose Creek Subdivision, filed July14.
6, 1992 as Reception No. 436455 and Amended Plat recorded September 3, 2003 as Reception No. 635619.
Easement and right of way for an underground electric transmission and/or distribution line or system, as15.
granted to Holy Cross Electric Association, Inc., in instrument recorded July 05, 2007 as Reception No.
727255.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance
Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment
Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees
and
ALTA members in good standing as of the date of use. All other uses are
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule B - Part II - continued
Page 7
Commitment No: 0603590-C
DISCLOSURE STATEMENTS
Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, requires that
"Every Title entity shall be responsible for all matters which appear of record prior to the time of recording
whenever the Title entity conducts the closing and is responsible for recording or filing of legal documents resulting
from the transaction which was closed.” (Gap Protection)
Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Policy to be
issued hereunder upon compliance with the following conditions:
The Land described in Schedule A of this commitment must be a single-family residence, which includes a1.
condominium or townhouse unit.
No labor or materials may have been furnished by mechanics or materialmen for purpose of construction on2.
the Land described in Schedule A of this Commitment within the past 13 months.
The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's3.
and materialmen's liens.
Any deviation from conditions A though C above is subject to such additional requirements or Information4.
as the Company may deem necessary, or, at its option, the Company may refuse to delete the exception.
Payment of the premium for said coverage.5.
Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.:
The subject real property may be located in a special taxing district;(i)
A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the(ii)
County Treasurer's authorized agent; and
Information regarding special districts and the boundaries of such districts may be obtained from the(iii)
County Commissioners, the County Clerk and Recorder, or the County Assessor.
Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the
disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident withholding).
Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given:
(a)If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the
surface estate then there is a substantial likelihood that a third party holds some or all interest in oil, gas,
other minerals, or geothermal energy in the property, and
(b)That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
Note 6: Effective September 1, 1997, 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 inch the clerk and recorder may refuse to record or file any document that does not conform.
Note 7: Our Privacy Policy:
We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we
have been authorized by the customer, or are required by law.
Note 8: Records:
Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and records
sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not
less than seven (7) years, except as otherwise permitted by law.
Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that “A title entity shall not earn interest on
fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned.
Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any
administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be
made at any time up to and including closing.”
Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional
Page 8
services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such
purpose(s).
Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional
service may exceed any such interest earned.
Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable
(e.g., any money over any administrative fees involved in figuring the amounts earned).
Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that “Until a title entity receives written
instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with
the following:
The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a1.
fiduciary capacity.
The title entity shall use any funds designated as “earnest money” for the consummation of the transaction2.
as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise
provided in this section. If the transaction does not close, the title entity shall:
Release the earnest money funds as directed by written instructions signed by both the buyer and seller;(a)
or
If acceptable written instructions are not received, uncontested funds shall be held by the title entity for(b)
180 days from the scheduled date of closing, after which the title entity shall return said funds to the
payor.
In the event of any controversy regarding the funds held by the title entity (notwithstanding any termination3.
of the contract), the title entity shall not be required to take any action unless and until such controversy is
resolved. At its option and discretion, the title entity may:
Await any proceeding; or(a)
Interplead all parties and deposit such funds into a court of competent jurisdiction, and recover court(b)
costs and reasonable attorney and legal fees; or
Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons(c)
and complaint or claim (between buyer and seller), containing the case number of the lawsuit or
lawsuits, within 120 days of the title entity's written notice delivered to the parties, title entity shall
return the funds to the depositing party.”
Page 9
Commitment No: 0603590-C
Title Company of the Rockies
Disclosures
All documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of atleast one inch and a left, right and bottom margin of at least one half of an inch. The Clerk and Recorder will refuseto record or file any document that does not conform to the requirements of this section. Pursuant to C.R.S.30-10-406(3)(a).
The company will not issue its policy or policies of title insurance contemplated by this commitment until it has beenprovided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the CountyTreasurer's authorized agent: or until the Proposed Insured has notified or instructed the company in writing to thecontrary. Pursuant to C.R.S. 10-11-122.
No person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as apart of such services until those funds have been received and are available for immediate withdrawals as a matter ofright. Pursuant to C.R.S. 38-35-125(2).
The Company hereby notifies the proposed buyer in the current transaction that there may be recorded evidence that
the mineral estate, or portion thereof, has been severed, leased, or otherwise conveyed from the surface estate. If so,
there is a substantial likelihood that a third party holds some or all interest in the oil, gas, other minerals, or
geothermal energy in the subject property. Such mineral estate may include the right to enter and use the property
without the surface owner's permission. Pursuant to C.R.S. 10-11-123.
If this transaction includes a sale of property and the sales price exceeds $100,000.00, the seller must comply withthe disclosure/withholding requirements of said section. (Nonresident withholding) Pursuant to C.R.S. 39-22-604.5.
Notice is hereby given that: The subject property may be located in a special taxing district. A Certificate of Taxesdue listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorizedagent. Information regarding special districts and the boundaries of such districts may be obtained from the Board ofCounty Commissioners, the County Clerk and Recorder, or the County Assessor. Pursuant to C.R.S. 10-11-122.
Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulation 8-1-2;
"Gap Protection" -When this Company conducts the closing and is responsible for recording or filing the legaldocuments resulting from the transaction, the Company shall be responsible for all matters which appear on therecord prior to such time or recording or filing; and
"Mechanic's Lien Protection" - If you are the buyer of a single family residence, you may request mechanic'slien coverage to be issued on your policy of Insurance. If the property being purchased has not been the subjectof construction, improvements or repairs in the last six months prior to the date of this commitment, therequirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity bythe seller. If the property being purchased was constructed, improved or repaired within six months prior to thedate of this commitment the requirements may involve disclosure of certain financial information, payment of
premiums, and indemnity, among others. The general requirements stated above are subject to revision and
approval by the Company. Pursuant to C.R.S. 10-11-122.
Notice is hereby given that an ALTA Closing Protection Letter is available, upon request, to certain parties to the
transaction as noted in the title commitment. Pursuant to Colorado Division of Insurance Regulation 8-1.
Nothing herein contained will be deemed to obligate the Company to provide any of the coverages referred to herein
unless the above conditions are fully satisfied.
Page 10
Narrative of Lot Line Adjustment for Lots 2 & 3 Goose Creek Subdivision
Goose Creek Subdivision was created in 1992. There are six lots in the subdivision. Three
lots (Lots 2, 3, and 4) are owned by High Country Starship Limited (the “Applicant”). These three
lots are accessed via Goose Creek Lane. The other three lots in the subdivision are owned by a
different entity and have alternate access roads and cannot be accessed via Goose Creek Lane.
The Applicant would like to change the boundaries of Lots 3 and 4 so they conform to
Goose Creek Lane rather than having the road cut the parcels. Lot 2 also has a small sliver that is
cut by the road, but Applicant is not requesting this be changed since the sliver is so small.
This is the only change being sought by this request.
Statement of No Changes
This application will not result in any changes to drainage, access, utility services, or any
other applicable Subdivision and Article 7 topics. We are only making small changes to the lot
sizes so the lots conform to the road.
Lot 3
Parcel Physical Address Owner
Account
Num Mailing Address
239334100345
188 100 COUNTY RD
CARBONDALE
BAILEY FAMILY INVESTMENT
COMPANY R111914
1000 BLUE HERON LANE CARBONDALE,
CO 81623
239334100394
185 100 COUNTY RD
CARBONDALE
HITE, HENRY HARRIS REVOCABLE
TRUST UNDER AGREEMENT DTD
11/21/75 R112114 PO BOX 155 WOODY CREEK, CO 81656
239334101002 Not available CARBONDALE HIGH COUNTRY STARSHIP LIMITED R111812
PO BOX 155 WOODY CREEK, CO 81656-
0155
239334101006
183 100 COUNTY RD
CARBONDALE
BAILEY FAMILY INVESTMENT CO LLLP,
THE R112029
1000 BLUE HERON LN CARBONDALE,
CO 81623
239335200003 498 ROSE LN CARBONDALE
BAILEY FAMILY INVESTMENT
COMPANY R011055
1000 BLUE HERON LANE CARBONDALE,
CO 81623
239335200055
181 100 COUNTY RD
CARBONDALE LAYBOURN, ROYAL R & LEZLIE D R111995
181 COUNTY ROAD 100 CARBONDALE,
CO 81623-9503
239335201004 Not available CARBONDALE HIGH COUNTRY STARSHIP LIMITED R111814
PO BOX 155 WOODY CREEK, CO 81656-
0155
239335201008
302 GOOSE CREEK LN
CARBONDALE HIGH COUNTRY STARSHIP LIMITED R040738
PO BOX 155 WOODY CREEK, CO 81656-
0155
239335201009 Not available CARBONDALE BAILEY FAMILY INVESTMENT CO LLP R040739
1000 BLUE HERON LN CARBONDALE,
CO 81623
Lot 4
Parcel Physical Address Owner
Account
Num Mailing Address
239334100394
185 100 COUNTY RD
CARBONDALE
HITE, HENRY HARRIS REVOCABLE
TRUST UNDER AGREEMENT DTD
11/21/75 R112114 PO BOX 155 WOODY CREEK, CO 81656
239334101002 Not available CARBONDALE HIGH COUNTRY STARSHIP LIMITED R111812
PO BOX 155 WOODY CREEK, CO 81656-
0155
239335200003 498 ROSE LN CARBONDALE
BAILEY FAMILY INVESTMENT
COMPANY R011055
1000 BLUE HERON LANE CARBONDALE,
CO 81623
239335200055
181 100 COUNTY RD
CARBONDALE LAYBOURN, ROYAL R & LEZLIE D R111995
181 COUNTY ROAD 100 CARBONDALE,
CO 81623-9503
239335201004 Not available CARBONDALE HIGH COUNTRY STARSHIP LIMITED R111814
PO BOX 155 WOODY CREEK, CO 81656-
0155
239335201008
302 GOOSE CREEK LN
CARBONDALE HIGH COUNTRY STARSHIP LIMITED R040738
PO BOX 155 WOODY CREEK, CO 81656-
0155
239335300041 489 ROSE LN CARBONDALE BLUEGREEN HOLDINGS LLC R011625
920 W HALLAM STREET ASPEN, CO
81611
239335300042 469 ROSE LN CARBONDALE
BAILEY FAMILY INVESTMENT
COMPANY R011626
1000 BLUE HERON LANE CARBONDALE,
CO 81623
w/o duplicates
239334100345
188 100 COUNTY RD
CARBONDALE
BAILEY FAMILY INVESTMENT
COMPANY R111914
1000 BLUE HERON LANE CARBONDALE,
CO 81623
239334100394
185 100 COUNTY RD
CARBONDALE
HITE, HENRY HARRIS REVOCABLE
TRUST UNDER AGREEMENT DTD
11/21/75 R112114 PO BOX 155 WOODY CREEK, CO 81656
239335200055
181 100 COUNTY RD
CARBONDALE LAYBOURN, ROYAL R & LEZLIE D R111995
181 COUNTY ROAD 100 CARBONDALE,
CO 81623-9503
239335300041 489 ROSE LN CARBONDALE BLUEGREEN HOLDINGS LLC R011625
920 W HALLAM STREET ASPEN, CO
81611
239334100394
185 100 COUNTY RD
CARBONDALE
HITE, HENRY HARRIS REVOCABLE
TRUST UNDER AGREEMENT DTD
11/21/75 R112114 PO BOX 155 WOODY CREEK, CO 81656
X
1
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
PRE-APPLICATION
CONFERENCE SUMMARY
TAX PARCEL NUMBER: 239335201004
and 239335201008
DATE: 11/8/2021
PROJECT: Goose Creek Subdivision, Lots 3 and 4
OWNERS: High Country Starship limited
CONTACT/REPRESENTATIVE: Becky Moller, ACP – Roaring Fork Paralegals
ENGINEER/SURVEYOR/OTHER: Sopris Engineering, LLC
PRACTICAL LOCATION: 302 Goose Creek Ln, Carbondale Co and Unaddressed
TYPE OF APPLICATION: Administrative Review Amended Final Plat
ZONING: Rural
COMPREHENSIVE PLAN: Residential M
I. GENERAL PROJECT DESCRIPTION
The applicant wishes to alter the existing boundary lines between Los 3 and 4 of the Goose Creek
subdivision. This action will consolidate each lots ’ property onto one side of the existing
roadway. The Amended Final Plat will also make some adjust ments to the access and utility
easements.
The application should address the lots’ continued compliance with any plat notes, CCRs, and
zoning code compliance.
Since the applicant will be acting on behalf of the owner, which is an LLC, both a Statement of
Authority and a Letter of Authorization will be required.
II. COMPREHENSIVE PLAN
The properties’ compliance with the comprehensive plan’s future land use map will not be
altered by this request.
2
III.REGULATORY PROVISIONS AND POLICY THE APPLICANT IS REQUIRED TO
ADDRESS
The following Sections of the Garfield Land Use and Development Code as amended apply to the
Application:
Section 5-305 – Amended Final Plat Review and Review Criteria
Table 5-103 Common Review Procedures and Required Notice
Table 5-401 Submittal Requirements
Section 5-402 Description of Submittal Requirements including requirements for a Final
Plat
Section 4-103 Administrative Review and Section 4-101 Common Review Procedures
Article 7, Divisions 1, 2, 3, and 4 as applicable
IV.SUBMITTAL REQUIREMENTS
As a convenience outlined below is a list of information typically required for this type of
application. Table 5-401 outlines the specific application submittal criteria. The following list can
function as a checklist for your submittal.
General Application Materials
o Signed Application Form
o Signed Payment Agreement Form and application fees - drafted need to be signed
o Proof of ownership (copy of deed, title work) and information on any lien
holders.
o A narrative describing the request and related information
o Names and mailing addresses of properties within 200 feet of the subject
property.
o Mineral rights ownership for the subject property (demonstrated through a
search of Clerk and Recorders database and/or Assessor database, memo
attached).
o If the owner is an entity or trust, a recorded Statement of Authority, authorizing a
person to encumber the property.
o If the applicant is a representative of the owner, a letter of authorization to
represent is needed.
o A copy of the Pre-application Summary needs to be submitted with the
Application.
The Proposed Amended Final Plat according to 5-402.F. Final Plat
All required certificates (signature blocks) shall be included on the plat
If there are improvements on the property, improvement location information/survey
information shall be provided to confirm that no non-conforming conditions will result
from the amended plat
An Improvements Agreement or waiver should be included with the request
A copy of covenants on the property or reference to recording information for the
covenants
Drafted - needs to be signed
X
X
- X
X
- needs to be recorded
X
X
- needs to be completed
X
3
The Application should include a statement that the amendment will not result in any
changes to drainage, access, utility services, and any other applicable Subdivision and
Article 7 topics
Submit three paper copies and one digital of all application materials. Additional copies will
be requested upon determination of completeness. See the land use code for additional
information on submittal requirements.
V.REVIEW PROCESS
X
4
The Application may be “Called-Up” for review by the Director and the Board of County
Commissioners. In addition, the Applicant and any affected Adjacent Property Owner can request
a Call-Up for review by the Board in accordance with the procedures and review process
contained in Section 4-112.
Review by: Staff for completeness, recommendation and referral agencies for additional
technical review.
Public Hearing(s): X No Public Hearing, Directors Decision (with notice per code)
Planning Commission
Board of County Commissioners
Board of Adjustment
Referral Agencies: May include but are not limited to: Garfield County Surveyor, Garfield County
Road and Bridge Department, Garfield County Consulting Engineer, Garfield County Attorney’s
Office, Garfield County Vegetation Manager, Garfiel d County Department of Environmental
Health, Department of Water Resources, Colorado River Fire Rescue District, Colorado Geological
Survey.
VI. APPLICATION REVIEW FEES
Planning Review Fees: $100
Referral Agency Fees: $TBD
Total Deposit: $100(additional hours are billed at hourly rate of $40.50)
VII. GENERAL APPLICATION PROCESSING
The foregoing summary is advisory in nature only and is not binding on the County. The
summary is based on current zoning, which is subject to change in the future, and upon factual
representations that may or may not be accurate. This summary does not create a legal or vested
right. The summary is valid for a six-month period, after which an update should be requested.
The Applicant is advised that the Application submittal once accepted by the County becomes
public information and will be available (including electronically) for review by the public.
Proprietary information can be redacted from documents prior to submittal.
Pre-application Summary Prepared by:
November 8, 2021
Philip Berry, Planner III Date
5
6
7
LOT LINE TO BE
ADJUSTED PER THIS
PLAT
(SEE SHEET 2 FOR
AMENDED LOT
DIMENSIONS)
PORTION OF ROAD EASEMENT TO BE
SUPERSEDED AND AMENDED PER
THIS PLAT
(SHADED)
RECORD HOLY CROSS
EASEMENTS TO REMAIN
LOT 1A
THE BAILEY FAMILY
INVESTMENT CO LLP
LOT 2
HIGH COUNTRY
STARSHIP LIMITED
(NOT A PART OF THIS
SURVEY)
LOT 5
THE BAILEY FAMILY INVESTMENT CO LLP
LOT 4
338,106 sq.ft.±
7.762 acres±
LOT 3
391,454 sq.ft.±
8.987 acres±
LOT 3 TO LOT 4
7,815 sq.ft.±
0.179 acres±
LOT 4 TO LOT 3
4,607 sq.ft.±
0.106 acres±
LOT 3 TO LOT 4
39,127 sq.ft.±
0.898 acres±S0° 00' 00"E 206.20'N90° 00' 00"W 80.49'N0° 00' 00"E 534.02'N70° 00' 42"E 122.18'
N41° 50' 00"E 98.95'(BASIS OF BEARING)N0° 00' 00"E 281.29'N90° 00' 00"E 671.90'N46° 49' 21"E 1058.96'S0° 00' 00"E 724.60'N90° 00' 00"W 852.72'
RECORD HOLY CROSS
EASEMENTS TO REMAIN
10' WIDE PEDESTRIAN EASMENT
TO REMAIN
REC. #436499
APPROX LOCATION HOLY CROSS
EASEMENT TO REMAIN
REC. #727255 (SEE SURVEY NOTE 6)
PARCEL NO. 239334100345
BAILEY FAMILY INVESTMENT COMPANY
PARCEL NO. 239335201008
302 GOOSE CREEK LANE
PARCEL NO. 239335201004
PARCEL NO. 239335200055
LAYBOURN, ROYAL R AND LEZLIE D
PARCEL NO. 239335300041
BLUEGREEN HOLDINGS LLCPARCEL NO. 239335200003BAILEY FAMILY INVESTMENT COMPANYFOUND #5 REBAR W/
1.25" PLASTIC CAP
L.S. #19598
3" UNDERGROUND
FOUND #5 REBAR W/ 1.25"
PLASTIC CAP
L.S. #19598
2" ABOVE GROUND
CORNER BEARS
S79°18'29"E 1.07'
FOUND #5 REBAR W/ 1.25"
PLASTIC CAP
L.S. #19598
1" ABOVE GROUND
FOUND #5 REBAR W/ 1.25"
PLASTIC CAP
L.S. #28643
FLUSH W/GROUND
FOUND SPIKE
FOUND #5 REBAR W/ 1.25"
YELLOW PLASTIC CAP
L.S. #31944
1" ABOVE GROUND
CORNER BEARS S83°12'58"E 0.93'
FOUND #5 REBAR W/
1.25" YELLOW PLASTIC
CAP
MELTED
1" ABOVE GROUND
FOUND #5 REBAR W/ 1.25"
PLASTIC CAP
ILLEGIBLE
UNDER WATER
DRAFT
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN
THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE
COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
(970) 704-0311 SOPRISENG@SOPRISENG.COM 1/12/2022 - 31193.01 - G:\2021\31193_Hite\SURVEY\Survey DWGs\Survey Plots\31193 AMPLAT-GOOSE CREEK LOT3-4\31193_AMPLAT-SH1.dwg
VICINITY MAP
SCALE: 1" = 2000'
GOOSE CREEK SUBDIVISION, LOTS 3 AND 4
A PARCEL OF LAND SITUATED IN SECTION 35, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M.,
COUNTY OF GARFIELD, STATE OF COLORADO.
SHEET 1 OF 2
PURPOSE STATEMENT
SURVEY NOTES:
1)DATE OF FIELD WORK: OCTOBER 2021
2)DATE OF PREPARATION: OCTOBER 2021
3)BASIS OF BEARING: A RECORD BEARING OF N90°00'00"E ALONG THE WESTERLY
BOUNDARY LINE OF LOT 3 GOOSE CREEK SUBDIVISION, AS SHOWN HEREON .
4)BASIS OF SURVEY: THE MAP OF TOWNSHIP NO. 7 SOUTH OF RANGE NO. 88WEST
OF THE 6TH PRINCIPAL MERIDIAN, ACCEPTED BY THE US SURVEYOR GENERAL
NOVEMBER 1889; THE FINAL PLAT OF GOOSE CREEK SUBDIVISION RECORDED JULY
6, 1992 AS RECEPTION NO. 436455; THE AMENDED PLAT OF LOT 1, GOOSE CREEK
SUBDIVISION RECORDED DECEMBER 8, 1995 AS RECEPTION NO. 486208; THE
AMENDED PLAT OF LOTS 3 AND 5, GOOSE CREEK SUBDIVISION RECORDED
SEPTEMBER 3, 2003 AS RECEPTION NO. 635619; NUMEROUS DEEDS OF RECORD
AND THE FOUND SURVEY MONUMENTS, AS SHOWN.
5)THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING,
LLC (SE) TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL
INFORMATION REGARDING EASEMENTS, RIGHTS OF WAY AND/OR TITLE OF
RECORD, SE RELIED UPON THAT CERTAIN COMMITMENT FOR TITLE INSURANCE
DATED OCTOBER 18, 2021, AS ORDER NUMBER 0603590-C AND ISSUED BY TITLE
COMPANY OF THE ROCKIES, AND DOCUMENTS AND PLATS OF RECORD AS SHOWN
IN THE SOURCE DOCUMENTS, HEREON.
6)THAT CERTAIN UNDERGROUND RIGHT OF WAY EASEMENT GRANTED TO HOLY
CROSS ENERGY BY HIGH COUNTRY STARSHIP LIMITED AND RECORDED JULY 5,
2007 AS RECEPTION NO. 727255 DESCRIBES AN EASEMENT 10' IN WIDTH ALONG
THE SOUTHERLY BOUNDARY LINE OF GOOSE CREEK SUBDIVISION. THIS EASEMENT
REMAINS IN PLACE APPROXIMATELY WHERE SHOWN HEREON. UNDERGROUND
LOCATES WERE NOT A PART OF THIS SURVEY; ACTUAL EASEMENT LOCATION WAS
NOT DETERMINED AS PART OF THE SCOPE OF THIS SURVEY.
7)SUBJECT PROPERTY LIES WITHIN "ZONE C" (AREAS OF MINIMAL FLOODING),
ACCORDING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD
INSURANCE RATE MAP FOR GARFIELD COUNTY, CO, COMMUNITY-PANEL 080205
1859 B, REVISED JANUARY 3, 1986.
8)THE ADJOINING PARCEL INFORMATION SHOWN HEREON WAS PROVIDED BY THE
GARFIELD COUNTY COLORADO LAND EXPLORER AS OF DECEMBER 8, 2021.
9)THE LINEAR UNIT USED IN THE PREPARATION OF THIS PLAT IS THE U.S. SURVEY
FOOT AS DEFINED BY THE UNITED STATES DEPARTMENT OF COMMERCE,
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.
SURVEYOR'S CERTIFICATE
I, MARK S. BECKLER, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR
LICENSED UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS PLAT IS A TRUE,
CORRECT AND COMPLETE AMENDED FINAL PLAT OF LOT 3 AND LOT 4, GOOSE CREEK
SUBDIVISION, AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT
WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME OR UNDER MY
SUPERVISION, AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS,
EASEMENTS AND STREETS OF SAID AMENDED FINAL PLAT AS THE SAME ARE STAKED UPON THE
GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF
LAND.
IN WITNESS WHEREOF, I HAVE SET MY HAND AND SEAL THIS _____ DAY OF _____________,
A.D., 2021.
_______________________________________
MARK S. BECKLER, P.L.S. #28643
CLERK AND RECORDER'S CERTIFICATE
THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD
COUNTY, COLORADO, AT ___________ O'CLOCK ___, ON THIS ______ DAY OF
___________________, 2021, AND IS DULY RECORDED AS RECEPTION NO.
_________________________.
________________________________
CLERK AND RECORDER
BY: _____________________________
DEPUTY
CERTIFICATE OF TAXES PAID
I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND
ASSESSMENTS DUE AND PAYABLE AS OF ___________________________ 2021, UPON ALL
PARCELS OF REAL ESTATE DESCRIBED ON THIS PLAT ARE PAID IN FULL.
DATED THIS ______ DAY OF ______________________, A.D., 2021.
____________________________________
TREASURER OF GARFIELD COUNTY
COUNTY SURVEYOR'S CERTIFICATE
APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF
SURVEYS, CALCULATIONS OR DRAFTING, PURSUANT TO C.R.S.§38-51-101 AND
102, ET SEQ,
DATED THIS _________ DAY OF _______________________, A.D., 2021.
_______________________________
GARFIELD COUNTY SURVEYOR
COUNTY COMMISSIONERS' CERTIFICATE
BASED UPON THE REVIEW AND RECOMMENDATION OF GARFIELD COUNTY DIRECTOR OF
COMMUNITY DEVELOPMENT, THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD
COUNTY, COLORADO, HEREBY APPROVES THIS AMENDED PLAT THIS ___ DAY OF
_______________, A.D., 2021, FOR FILING WITH THE CLERK AND RECORDER OF GARFIELD
COUNTY AND FOR CONVEYANCE TO THE COUNTY OF THE PUBLIC DEDICATIONS SHOWN
HEREON, SUBJECT TO THE PROVISIONS THAT APPROVAL IN NO WAY OBLIGATES GARFIELD
COUNTY FOR THE FINANCING OR CONSTRUCTION OF IMPROVEMENTS ON LANDS, PUBLIC
ROADS, HIGHWAYS OR EASEMENTS DEDICATED TO THE PUBLIC, EXCEPT AS SPECIFICALLY
AGREED TO BY THE BOARD OF COUNTY COMMISSIONERS BY SUBSEQUENT RESOLUTION. THIS
APPROVAL SHALL IN NO WAY OBLIGATE GARFIELD COUNTY FOR THE CONSTRUCTION, REPAIR
OR MAINTENANCE OF PUBLIC ROADS, HIGHWAYS OR ANY OTHER PUBLIC DEDICATIONS
SHOWN HEREON.
___________________________________
CHAIRMAN, BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
WITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD.
ATTEST:__________________________________
COUNTY CLERK
MINERAL OWNERSHIP
NONE FOUND
THE PURPOSE OF THIS AMENDED FINAL PLAT IS TO ADJUST THE COMMON BOUNDARY LINE BETWEEN LOTS 3 AND 4, AND TO AMEND THE ACCESS AND
UTILITY EASEMENT THROUGH LOTS 3 AND 4 TO BE COINCIDENT WITH THE CENTERLINE OF GOOSE CREEK LANE, AS CONSTRUCTED AND IN PLACE
SITE
AMENDED FINAL PLAT OF:
CERTIFICATE OF DEDICATION AND OWNERSHIP
THE UNDERSIGNED HIGH COUNTRY STARSHIP LIMITED, BEING SOLE OWNER IN FEE SIMPLE OF ALL THAT
REAL PROPERTY SITUATED IN GARFIELD COUNTY, DESCRIBED AS FOLLOWS:
LOT 3, GOOSE CREEK SUBDIVISION, ACRODING TO THE AMENDED PLAT THEREOF RECORDED
SEPTEMBER 3, 2003 AS RECEPTION NO. 635619
CONTAINING 391,454 SQUARE FEET OR 8.987 ACRES, MORE OR LESS; AND
LOT 4, GOOSE CREEK SUBDIVISION, ACCORDING TO THE FINAL PLAT THEREOF RECORDED JULY 6, 1992
AS RECEPTION NO. 436455
CONTAINING 338,103 SQUARE FEET OR 7.762 ACRES
COUNTY OF GARFIELD
STATE OF COLORADO
HAS CAUSED THE DESCRIBED REAL PROPERTY TO BE SURVEYED, LAID OUT, PLATTED AND SUBDIVIDED
INTO LOTS AND BLOCKS AS SHOWN ON THIS PLAT UNDER THE NAME AND STYLE OF AMENDED GOOSE
CREEK SUBDIVISION, LOTS 3 AND 4. THE OWNER DOES HEREBY DEDICATE AS PRIVATE EASEMENTS TO
THE PRIVATE USE OF THE OWNERS OF THE LOTS OF SAID SUBDIVISION, THEIR HEIRS AND ASSIGNS, THE
EASEMENTS AS SHOWN HEREON; THAT THERE IS ALSO INCLUDED IN THIS DEDICATION, THE RIGHT AND
PRIVILEGE TO US SAID EASEMENTS AS SHOWN ON THIS PLAT TO INSTALL, CONSTRUCT, RECONSTRUCT
AND MAINTAIN UTILITIES WITHIN THE WIDTH OF SAID EASEMENTS FOR THE PURPOSE OF SERVING THE
LOTS IN SAID SUBDIVISION. SUCH EASEMENT AND RIGHTS SHALL BE UTILIZED IN A REASONABLE AND
PRUDENT MANNER. ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY
THE SELLER OR PURCHASER, NOT BY THE COUNTY OF GARFIELD.
EXECUTED THIS ___ DAY OF __________________, A.D., 2021.
OWNER: HIGH COUNTRY STARSHIP LIMITED
BY:
__________________________________________
HENRY HARRIS HITE, AS ______
STATE OF COLORADO )
)SS
COUNTY OF GARFIELD )
THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME
THIS ______ DAY OF ___________, A.D., 2021, BY HENRY HARRIS HITE AS _________________ OF OF
HIGH COUNTRY STARSHIP LIMITED.
MY COMMISSION EXPIRES: _____________________________
WITNESS MY HAND AND OFFICIAL SEAL.
______________________________
NOTARY PUBLIC
TITLE CERTIFICATE
I, , AN AGENT AUTHORIZED BY TITLE COMPANY OF THE
ROCKIES, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS
SHOWN UPON THIS PLAT AND THAT TITLE TO SUCH LANDS IS VESTED IN HIGH
COUNTRY STARSHIP LIMITED, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES
(INCLUDING MORTGAGES, DEEDS OF TRUST, JUDGMENTS, EASEMENTS, CONTRACTS
AND AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT), EXCEPT
AS FOLLOWS:
______________________________________________________________
___________________________________________________________.
AND ALL MATTERS OF RECORD SET FORTH UNDER SCHEDULE B-2 "EXCEPTIONS" BY
THAT CERTAIN COMMITMENT FOR TITLE INSURANCE DATED OCTOBER 18, 2021, AS
ORDER NUMBER 0603590-C AND ISSUED BY TITLE COMPANY OF THE ROCKIES UPON
SATISFACTION OF ALL SCHEDULE B-1 "REQUIREMENTS" AS SET FORTH BY SAID
COMMITMENT DATED THIS _____ DAY OF ___________________, A.D., 2021.
TITLE COMPANY: TBD
__________________________________________
TITLE OFFICER
PLAT NOTES:
1) THE PROPERTIES AMENDED HEREON ARE SUBJECT TO THE PROTECTIVE COVENANTS FOR
GOOSE CREEK SUBDIVISION, RECORDED AS RECEPTION NO. 436454, AND FIRST AMENDMENT
THERETO RECORDED AS RECEPTION NO. 636024 OF THE GARFIELD COUNTY RECORDS.
2) THIS AMENDMENT TO GOOSE CREEK SUBDIVISION SHOWN HEREON WILL NOT RESULT IN
ANY CHANGES TO DRAINAGE, ACCESS, UTILITY SERVICES OR ANY OTHER APPLICABLE
SUBDIVISION AND ARTICLE 7 TOPICS.
3) THE 30' WIDE PRIVATE ROAD EASEMENT AMENDED BY THIS PLAT IS INTENDED FOR THE
PRIVATE USE OF LOTS 3 AND 4 FOR INGRESS/EGRESS AND EMERGENCY ACCESS. NO
MAINTENANCE BY THE COUNTY WILL BE EXTENDED ON THE ACCESS ROAD OR WITHIN THE
SUBDIVISION.
SEE SHEET 2 FOR PARCEL DIMENSIONS AND DETAILS
1 inch = ft.
( IN U.S. SURVEY FEET )
GRAPHIC SCALE
0100 100 200
100
40050
PORTION OF RECORD 30' WIDE ROAD EASEMENT TO
BE SUPERSEDED AND AMENDED BY THIS PLAT (SEE
SHEET 2 FOR DETAILS AND DIMENSIONS)
AMENDED LOT 3
349,119 SQ FT
8.015 ACRES
AMENDED LOT 4
380,441 SQ FT
8.734 ACRES
XSD
XS
D
483.18'N70° 0
0'
4
2
"
E
1
2
2
.
1
9'N41° 49' 54"E 98.94'N0° 00' 00"E 281.29'559.64'S11° 49' 53"W 199.99'L=74.12'
R=127.00'
T=38.15'
=33°26'18"
CD=S28° 33' 02"W
C=73.07'S45° 16' 11"W 138.40'
L=154.94'
R=492.00'
T=78.12'
=18°02'36"
CD=S36° 14' 52"W
C=154.30'S27° 13' 34"W 88.22'L=92.54'
R=125.00'
T=48.50'
=42°24'58"
CD=S48° 26' 03"W
C=90.44'
S69° 3
8'
3
2
"
W
5
1
.
5
9'
L=99.93'
R=258.00'
T=50.60'
=22°11'28"
CD=S58° 32' 48"W
C=99.30'
S47° 27' 04"W 120.95'
L=152.26'
R=875.50'
T=76.32'
=9°57'52"
CD=S52° 26' 00"W
C=152.07'
S57° 24' 56"W 28.74'50.84'112.27'S0° 00' 00"E 930.81'N90° 00' 00"W 852.72'
EXISTING EDGE OF GRAVEL
(TYP)
EXISTING CULVERT (TYP)N0° 00' 00"EN90° 00' 00"E
"WETLANDS" AS INDICATED
ON THE FINAL PLAT OF
GOOSE CREEK SUBDIVISION
REC. #436455
(TYP)
AMENDED LOT LINE AND
CENTERLINE 30' WIDE
ROAD EASEMENT
AMENDED PER THIS PLAT
15.00'
15.00'
CENTERLINE 25' WIDE
HOLY CROSS ENERGY EASEMENT
REC. #284955
CENTERLINE 25' WIDE
HOLY CROSS ENERGY EASEMENT
AS CONSTRUCTED AND IN PLACE
REC. #436455
GOOSE CREEK LANE
30' ROAD EASEMENT
REC. #436455
AS IT AFFECTS LOT 2
(NOT A PART OF THIS SURVEY)
GOO
S
E
C
R
E
E
K L
A
N
E
PRI
V
AT
E
D
RI
V
E
(GRA
V
EL
S
U
RF
A
C
E)
EXISTING CULVERT (TYP)
APPROX AREA HOLY CROSS EASEMENT TO
REMAIN
REC. #727255 (SEE SURVEY NOTE 6)
RECORD HOLY CROSS
EASEMENTS TO REMAIN
RECORD HOLY CROSS
EASEMENTS TO REMAIN
10' WIDE PEDESTRIAN EASMENT
TO REMAIN
REC. #436499
FOUND #5 REBAR W/ 1.25"
PLASTIC CAP
L.S. #19598
3" UNDERGROUND
FOUND #5 REBAR W/ 1.25"
PLASTIC CAP
L.S. #19598
2" ABOVE GROUND
CORNER BEARS
S79°18'29"E 1.07'
FOUND #5 REBAR W/ 1.25"
PLASTIC CAP
L.S. #19598
1" ABOVE GROUND
FOUND #5 REBAR W/ 1.25"
PLASTIC CAP
L.S. #28643
FLUSH W/GROUND FOUND SPIKE
FOUND #5 REBAR W/ 1.25" YELLOW
PLASTIC CAP
L.S. #31944
1" ABOVE GROUND
CORNER BEARS S83°12'58"E 0.93'
FOUND #5 REBAR W/ 1.25" YELLOW
PLASTIC CAP
MELTED
1" ABOVE GROUND
302 GOOSE CREEK LANE
SINGLE FAMILY LOG RESIDENCE
WOOD FRAME CONSTRUCTION
(APPROXIMATE LOCATION
FROM AERIAL PHOTO)
NOT FIELD LOCATED
57.38'
19.91'
50.36'
75.93'
BUILDING FOOTPRINT AT GROUND LEVEL
(APPROXIMATE LOCATION FROM AERIAL PHOTO)
NOT FIELD LOCATED
BUILDING FOOTPRINT AT GROUND LEVEL
(APPROXIMATE LOCATION FROM AERIAL PHOTO)
NOT FIELD LOCATED
BUILDING FOOTPRINT
AT GROUND LEVEL
(APPROXIMATE
LOCATION FROM
AERIAL PHOTO) NOT
FIELD LOCATED
BUILDING FOOTPRINT
AT GROUND LEVEL
(APPROXIMATE
LOCATION FROM AERIAL
PHOTO) NOT FIELD
LOCATED
58.60'
BUILDING FOOTPRINT AT
GROUND LEVEL (APPROXIMATE
LOCATION FROM AERIAL
PHOTO) NOT FIELD LOCATED
DRAFT
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL
ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS
AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN
YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
(970) 704-0311 SOPRISENG@SOPRISENG.COM
1/12/2022 - 31193.01 - G:\2021\31193_Hite\SURVEY\Survey DWGs\Survey Plots\31193 AMPLAT-GOOSE CREEK LOT3-4\31193_AMPLAT-SH2.dwg
1 inch = ft.
( IN U.S. SURVEY FEET )
GRAPHIC SCALE
050 50 100
50
20025
GOOSE CREEK SUBDIVISION, LOTS 3 AND 4
A PARCEL OF LAND SITUATED IN SECTION 35, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M.,
COUNTY OF GARFIELD, STATE OF COLORADO.
SHEET 2 OF 2
AMENDED FINAL PLAT OF:
TO BE SET - #5 REBAR AND 1.25" PLASTIC CAP
STAMPED L.S. #28643, UNLESS OTHERWISE NOTED.
Lot 3
Parcel Physical Address Owner
Account
Num Mailing Address
239334100345
188 100 COUNTY RD
CARBONDALE
BAILEY FAMILY INVESTMENT
COMPANY R111914
1000 BLUE HERON LANE CARBONDALE,
CO 81623
239334100394
185 100 COUNTY RD
CARBONDALE
HITE, HENRY HARRIS REVOCABLE
TRUST UNDER AGREEMENT DTD
11/21/75 R112114 PO BOX 155 WOODY CREEK, CO 81656
239334101002 Not available CARBONDALE HIGH COUNTRY STARSHIP LIMITED R111812
PO BOX 155 WOODY CREEK, CO 81656-
0155
239334101006
183 100 COUNTY RD
CARBONDALE BAILEY FAMILY INVESTMENT CO LLP R112029
1000 BLUE HERON LN CARBONDALE, CO
81623
239335200003 498 ROSE LN CARBONDALE
BAILEY FAMILY INVESTMENT
COMPANY R011055
1000 BLUE HERON LANE CARBONDALE,
CO 81623
239335200055
181 100 COUNTY RD
CARBONDALE LAYBOURN, ROYAL R & LEZLIE D R111995
181 COUNTY ROAD 100 CARBONDALE,
CO 81623-9503
239335201004 Not available CARBONDALE HIGH COUNTRY STARSHIP LIMITED R111814
PO BOX 155 WOODY CREEK, CO 81656-
0155
239335201008
302 GOOSE CREEK LN
CARBONDALE HIGH COUNTRY STARSHIP LIMITED R040738
PO BOX 155 WOODY CREEK, CO 81656-
0155
239335201009 Not available CARBONDALE BAILEY FAMILY INVESTMENT CO LLP R040739
1000 BLUE HERON LN CARBONDALE, CO
81623
Lot 4
Parcel Physical Address Owner
Account
Num Mailing Address
239334100394
185 100 COUNTY RD
CARBONDALE
HITE, HENRY HARRIS REVOCABLE
TRUST UNDER AGREEMENT DTD
11/21/75 R112114 PO BOX 155 WOODY CREEK, CO 81656
239334101002 Not available CARBONDALE HIGH COUNTRY STARSHIP LIMITED R111812
PO BOX 155 WOODY CREEK, CO 81656-
0155
239335200003 498 ROSE LN CARBONDALE
BAILEY FAMILY INVESTMENT
COMPANY R011055
1000 BLUE HERON LANE CARBONDALE,
CO 81623
239335200055
181 100 COUNTY RD
CARBONDALE LAYBOURN, ROYAL R & LEZLIE D R111995
181 COUNTY ROAD 100 CARBONDALE,
CO 81623-9503
239335201004 Not available CARBONDALE HIGH COUNTRY STARSHIP LIMITED R111814
PO BOX 155 WOODY CREEK, CO 81656-
0155
239335201008
302 GOOSE CREEK LN
CARBONDALE HIGH COUNTRY STARSHIP LIMITED R040738
PO BOX 155 WOODY CREEK, CO 81656-
0155
239335300041 489 ROSE LN CARBONDALE BLUEGREEN HOLDINGS LLC R011625
920 W HALLAM STREET ASPEN, CO
81611
239335300042 469 ROSE LN CARBONDALE
BAILEY FAMILY INVESTMENT
COMPANY R011626
1000 BLUE HERON LANE CARBONDALE,
CO 81623
w/o duplicates
239334100345
188 100 COUNTY RD
CARBONDALE
BAILEY FAMILY INVESTMENT
COMPANY R111914
1000 BLUE HERON LANE CARBONDALE,
CO 81623
239334100394
185 100 COUNTY RD
CARBONDALE
HITE, HENRY HARRIS REVOCABLE
TRUST UNDER AGREEMENT DTD
11/21/75 R112114 PO BOX 155 WOODY CREEK, CO 81656
239335200055
181 100 COUNTY RD
CARBONDALE LAYBOURN, ROYAL R & LEZLIE D R111995
181 COUNTY ROAD 100 CARBONDALE,
CO 81623-9503
239335300041 489 ROSE LN CARBONDALE BLUEGREEN HOLDINGS LLC R011625
920 W HALLAM STREET ASPEN, CO
81611
239334100394
185 100 COUNTY RD
CARBONDALE
HITE, HENRY HARRIS REVOCABLE
TRUST UNDER AGREEMENT DTD
11/21/75 R112114 PO BOX 155 WOODY CREEK, CO 81656