HomeMy WebLinkAbout1.00 General Application MaterialsGlenwood Springs Office
910 Grand Avenue, Suite 201
Glenwood Springs, Colorado 81601
Telephone (970) 947-1936
Facsimile (970) 947-1937
GARFIELD & HECHT, P.C.
ATTORNEYS AT LAW
Since 1975
www.garfieldhecht.com
Haley Carmer
hcarmer@garfieldhecht.com
May 24, 2022
VIA EMAIL AND HAND-DELIVERY
Garfield County Development Department
c/o Glenn Hartmann, Senior Planner
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
RE: Parsa/Thompson Final Plat Amendment Application
Dear Glenn:
Carl Damerau and Atoussa Parsa and the Thompson Family Trust (collectively,
“Applicants”) hereby submit to Garfield County (“County”) their application for a final plat
amendment (“Application”) involving the following properties: (i) Lot 2, Carter Subdivision
Exemption, according to the plat recorded January 6, 1987 at Reception No. 377940 (the “Parsa
Parcel”); and (ii) Parcel B2, Second Amended Bearwald Exemption Plat recorded June 29, 1994
under Reception No. 465154 (the “Thompson Parcel”). A pre-application meeting was held
regarding the Application on March 31, 2022, but no Pre-Application Conference Summary has been
provided. The purpose of this letter is to provide additional information regarding the Application and
its compliance with the Garfield County Land Use and Development Code (“LUC”).
The purpose of the proposed plat amendment is to adjust the common lot line between the Parsa
and Thompson Parcels. Specifically, Applicants propose to shift a portion of the common boundary
south into the Thompson Parcel such that approximately 3,713 square feet of the Thompson Parcel will
be incorporated into to the Parsa Parcel. No new lots will be created, and no other boundary lines will
be altered as part of the amendment. The Thompson Parcel is encumbered with the Deed of Trust
recorded at Reception No. 726977, and Applicants propose that a lienholder subordination separate
from the amended plat be recorded along with the plat. A draft subordination is included with the
application materials.
As reflected in the Certification of Mineral Ownership Research, no mineral owners related to
either parcel have been identified. Mineral owner research was conducted by reviewing the title
commitments submitted herewith for each parcel, the subdivision exemption plats that created the
parcels as they exist today, and searching the clerk and record and assessor records for mineral owner
notices. None were found.
The Parsa Parcel and Thompson Parcel were created through subdivision exemption plats,
hence the need for a final plat amendment. The Carter Subdivision Exemption (Parsa Parcel) was
approved by BOCC Resolution No. 86-153. The Bearwald Subdivision Exemption (Thompson Parcel)
was first approved by BOCC Resolution No. 83-50, and later by BOCC Resolution 94-52. None of
Mr. Glenn Hartmann
May 24, 2022
Page 2 of 4
2656174_1
those resolutions imposed any conditions of approval on the subdivisions. Copies of the resolutions are
included with the Application materials.
Both parcels are zoned Rural. Each is improved with a single-family dwelling and related
outbuildings. No new development is contemplated on either parcel. A shed on the Parsa parcel is
located on the Parsa/Thompson property line as it currently exists, but the shed will be in compliance
with the applicable setback from the new boundary line consistent with LUDC Sections 3-201 & 7-
1201. All other structures on each parcel also comply with applicable setbacks.
Each parcel has a viable source of water and functioning septic system and is served by
other public utilities. The Parsa Parcel is served by a well it shares with Lot 1 of the Carter
Subdivision Exemption. A copy of the well sharing agreement is provided with the Application
materials. The Thompson Parcel has its own well. The parcels also have legal access to public
roads via recorded access easements. The boundary line adjustment proposed in the Application
will not affect existing access, drainage, or utility service for either parcel. Existing access and
public utility easements are shown on the proposed plat amendment.
Neither the Parsa Parcel nor the Thompson Parcel is used for agricultural purposes, and there
are no natural waterbodies or floodplain areas on or in close proximity to either parcel. There are no
known natural or geologic hazards on either site. No new development is proposed on either parcel
generally or, specifically, within the area being transferred between the parcels, so (i) wildlife habitat
areas, if any, will not be impacted; (ii) there are no drainage or erosion concerns; and (iii) the site
planning and development standards set forth in LUD Article 7, Division 3, are not applicable. The
Application also complies with the standards in LUDC Article 7, Division 4, as explained in Exhibit A
to this letter. Finally, the Application does not increase the number of lots or relocate existing roadways
or add new roads. The Application therefore satisfies the review criteria set forth in LUDC Section
5-305(C).
As indicated on the Application Form, pursuant to Section 4-202, Applicant is requesting that
certain submission requirements be waived. Namely, Applicant asks that it not be required to submit
the materials set forth in Sections 4-203(E) - (O), including a development or subdivision agreement.
Applicant feels that the requested waiver is justified because (a) the proposed plat amendment is simple
and straightforward; (b) no change in use or site layout is proposed; (c) both parcels are improved and
no development is contemplated in connection with the Application, meaning no site features will be
impacted; (d) Applicant is not requesting any extended vested rights; and (e) no public improvements
are proposed or required. Accordingly, the documents identified below are being submitted with and as
part of the Application:
1. Land Use Application Form
2. Payment for Application fees ($100.00)
3. Payment Agreement Form
4. Recorded Statement of Authority for Thompson Trust
5. Authorization Letters
6. Statement of Taxes Due
7. Mineral Owner Certification Form
8. List of Landowners within 200 feet of each parcel
9. Vicinity Map
Mr. Glenn Hartmann
May 24, 2022
Page 3 of 4
2656174_1
10. Title Commitments for each parcel
11. Site Plan/Existing Conditions Survey
12. Proposed Plat Amendment (including vicinity map)
13. Lienholder subordination
14. BOCC Resolution Nos. 86-153, 83-50, and 94-52
15. Carter Subdivision Exemption Well Sharing Agreement
Applicants have provided a total of 3 paper copies of all of the foregoing documents and
will provide a link that includes an electronic version of the same. Please contact us if you need
additional information or have questions regarding any of the Application materials. We look
forward to working with the County as we proceed through the application process.
Sincerely,
GARFIELD & HECHT, P.C.
By:
Haley Carmer
Enclosures
Mr. Glenn Hartmann
May 24, 2022
Page 4 of 4
2656174_1
APPENDIX A
Compliance with LUDC Article 7, Division 4 Standards
LUDC Section Applicant Response
7-401: General
Standards
There are no common facilities shared between the Parsa and Thompson
Parcels. The existing well that serves the Parsa Parcel is already subject
to a recorded well-sharing agreement.
7-402: Subdivision
Lots
Lot area, width, frontage, depth, shape, location, and orientation of the
Parsa and Thompson Parcels, as adjusted, will comply with the Rural
zone requirements. Specifically, both exceed the minimum lot area of 2
acres; lot coverage is not changing; each lot has at least 25 lineal feet of
frontage on a dedicated access easement; and the applicable front, rear,
and side setbacks will be in compliance with Table 3-201.
Existing and future alignment and configuration of the parcels comply
with Section 7-402(B) & (C)
The parcels are not divided by municipal boundaries, County roads, or
public rights-of-way.
7-403: Survey
Monuments
Existing survey monuments have been located, and any new survey
monuments necessary for the amendment have been set—or will be set
upon recordation of the subdivision plat. Any permanent survey
markers set by Applicants’ surveyor will have its registration number
securely fixed to all monuments, markers, and benchmarks.
7-404: School Land
Dedication
No school land dedication is required because no new residential
dwelling units are being proposed or added as part of the Application.
7-405: Road Impact
Fees
No road impact fee is required at this time because no new construction
or development is proposed as part of the Application.
DocuSign Envelope ID: 81791E01-D580-4344-9A5D-FDB603BEDCF2
DocuSign Envelope ID: 81791E01-D580-4344-9A5D-FDB603BEDCF2
DocuSign Envelope ID: 81791E01-D580-4344-9A5D-FDB603BEDCF2May 24, 2022May 24, 2022
May 20, 2022
Garfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
RE:Damerau/Parsa
Final Plat Amendment Application
To Whom it May Concern:
We, the undersigned, are the record title owners of the property located at 481 County Road
112, Carbondale, Colorado 81623. Please accept this letter as authorization for Haley Carmer of
Garfield & Hecht, P.C., to submit the enclosed land use application for a final plat amendment
involving our property and to act on our behalf in all matters related to the application. Thank you.
Sincerely,
Carl Damerau
Atoussa Parsa
DocuSign Envelope ID: 81791E01-D580-4344-9A5D-FDB603BEDCF2
Account Number R111766 Parcel 239323100287
Acres 9.940
Assessed To PARSA, ATOUSSA & DAMERAU, CARL
481 COUNTY ROAD 112
CARBONDALE, CO 81623
Legal Description Situs Address
Section: 23 Township: 7 Range: 88 A TR IN SWNE AKA LOT 2 CARTER EXEMPTION 9.94 ACRES 000481 112 COUNTY RD,481 CRYSTAL
SPRINGS MOUNTAIN RD
Year Tax Interest Fees Payments Balance
Tax Charge
2021 $4,110.84 $0.00 $0.00 ($4,110.84)$0.00
Total Tax Charge $0.00
Grand Total Due as of 05/20/2022 $0.00
Tax Billed at 2021 Rates for Tax Area 011 - 1R-MF-011
Authority Mill Levy Amount
GARFIELD COUNTY 12.1590000 $626.56
GARFIELD COUNTY - ROAD & B 0.0940000 $4.84
GARFIELD COUNTY - CAPITAL E 0.9350000 $48.18
GARFIELD COUNTY - RETIREMEN 0.4670000 $24.06
CARBONDALE AND RURAL FIRE -10.4860000 $540.34
BASALT WATER CONSER 0.0350000*$1.80
COLO RIVER WATER CONS 0.5010000 $25.82
SCHOOL DISTRICT RE-1 - GEN 22.7790000*$1,173.80
SCHOOL DISTRICT RE-1 - MIL 12.8380000 $661.54
SCHOOL DISTRICT RE-1 - BON 10.8450000 $558.84
COLORADO MTN COLLEGE 4.0130000 $206.79
GARFIELD COUNTY PUBLIC LIBR 2.5030000 $128.98
CARBONDALE & RURAL FIRE -2.1210000 $109.29
Taxes Billed 2021 79.7760000 $4,110.84
* Credit Levy
Values Actual Assessed
SINGLE FAM.RES.-LAND $250,000 $17,880
SINGLE FAM.RES-
IMPROVEMTS
$470,580 $33,650
Total $720,580 $51,530
IMPORTANT INFORMATION ABOUT LIENS-PLEASE READ
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO
ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR
TO REMITTANCE AFTER SEPTEMBER 1ST.
IN ORDER TO AVOID DELAYS IN PROCESSING/ISSUING CERTIFICATES OF REDEMPTION, IT IS RECOMMENDED THAT REDEMPTIONS BE
REMITTED WITH CERTIFIED FUNDS, I.E., CASH, CASHIER'S CHECK, MONEY ORDER OR WIRE TRANSFER.
Garfield County Treasurer
P.O. Box 1069
Glenwood Springs, CO 81602-1069
(970) 945-6382
Garfield County Treasurer
Statement Of Taxes Due
Account Number R111965 Parcel 239323400361
Acres 6.646
Assessed To THOMPSON FAMILY TRUST- MICHAEL J & SUSAN G THOMPSON
TRUSTEES
477 COUNTY ROAD 112
CARBONDALE, CO 81623
Legal Description Situs Address
Section: 23 Township: 7 Range: 88 A TR IN NWSE SEC 23.000477 112 COUNTY RD,477 CRYSTAL
SPRINGS MOUNTAIN RD
Year Tax Interest Fees Payments Balance
Tax Charge
2021 $3,753.48 $0.00 $0.00 ($3,753.48)$0.00
Total Tax Charge $0.00
Grand Total Due as of 05/20/2022 $0.00
Tax Billed at 2021 Rates for Tax Area 011 - 1R-MF-011
Authority Mill Levy Amount
GARFIELD COUNTY 12.1590000 $572.09
GARFIELD COUNTY - ROAD & B 0.0940000 $4.42
GARFIELD COUNTY - CAPITAL E 0.9350000 $43.99
GARFIELD COUNTY - RETIREMEN 0.4670000 $21.97
CARBONDALE AND RURAL FIRE -10.4860000 $493.37
BASALT WATER CONSER 0.0350000*$1.65
COLO RIVER WATER CONS 0.5010000 $23.57
SCHOOL DISTRICT RE-1 - GEN 22.7790000*$1,071.76
SCHOOL DISTRICT RE-1 - MIL 12.8380000 $604.03
SCHOOL DISTRICT RE-1 - BON 10.8450000 $510.26
COLORADO MTN COLLEGE 4.0130000 $188.81
GARFIELD COUNTY PUBLIC LIBR 2.5030000 $117.77
CARBONDALE & RURAL FIRE -2.1210000 $99.79
Taxes Billed 2021 79.7760000 $3,753.48
* Credit Levy
Values Actual Assessed
SINGLE FAM.RES.-LAND $275,000 $19,660
SINGLE FAM.RES-
IMPROVEMTS
$383,090 $27,390
Total $658,090 $47,050
IMPORTANT INFORMATION ABOUT LIENS-PLEASE READ
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO
ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR
TO REMITTANCE AFTER SEPTEMBER 1ST.
IN ORDER TO AVOID DELAYS IN PROCESSING/ISSUING CERTIFICATES OF REDEMPTION, IT IS RECOMMENDED THAT REDEMPTIONS BE
REMITTED WITH CERTIFIED FUNDS, I.E., CASH, CASHIER'S CHECK, MONEY ORDER OR WIRE TRANSFER.
Garfield County Treasurer
P.O. Box 1069
Glenwood Springs, CO 81602-1069
(970) 945-6382
Garfield County Treasurer
Statement Of Taxes Due
CERTIFICATION OF MINERAL OWNER RESEARCH
This form is to be completed and submitted with any application for a Land Use Change Permit.
Mineral interests may be severed from surface right interests in real property. C.R.S. § 24-65.5-101, et seq,
requires notification to mineral owners when a landowner applies for an application for development from a
local government. As such, the landowner must research the current owners of mineral interests for the
property.
The Garfield County Land Use and Development Code of 2013 (“LUDC”) Section 4-101(E)(1)(b)(4) requires
written notice to owners of mineral interests in the subject property in accordance with C.R.S. § 24-65.5-101,
et seq, “as such owners can be identified through the records in the office of the Clerk and Recorder or
Assessor, or through other means.” This form is proof of applicant’s compliance with the Colorado Revised
Statutes and the LUDC.
The undersigned, on behalf of applicants, certifies that mineral owners have been researched for the
subject property as required pursuant to C.R.S. § 24-65.5-101, et seq, and Section 4-101 (E)(1)(b)(4) of the
Garfield County Land Use and Development Code, as amended. As a result of that research, the
undersigned applicant representative certifies the following (Please initial on the blank line next to the
statement that accurately reflects the result of research):
Applicants own the entire mineral estate relative to the subject properties; or
Minerals are owned by the parties listed below
The names and addresses of any and all mineral owners identified are provided below (attach additional pages
as necessary):
Name of Mineral Owner Mailing Address of Mineral Owner
I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the
LUDC.
_________________________________ ____________________________________________
Representative's Signature Date
X
5/20/22
5/19/22, 2:07 PM Garfield County Land Explorer
1/1
Garfield County Land Explorer
Parcel Physical
Address Owner Account
Num Mailing Address
239323100280 773 112 COUNTY
RD CARBONDALE KLEIN, JAMES C & BETH A R111626 773 COUNTY ROAD 112
CARBONDALE, CO 81623
239323100282 473 112 COUNTY
RD CARBONDALE CONNOR, RICHARD DOUGLAS & KRISTIN R111628 473 COUNTY ROAD 112
CARBONDALE, CO 81623
239323100283 771 112 COUNTY
RD CARBONDALE HOLLOMON, GREGG ALLEN & LINDA RICE R111629 771 COUNTY ROAD 112
CARBONDALE, CO 81623
239323100286 485 112 COUNTY
RD CARBONDALE PITTS, JAMES ROBERT TRUST R111765 485 COUNTY ROAD 112
CARBONDALE, CO 81623
239323100287 481 112 COUNTY
RD CARBONDALE PARSA, ATOUSSA & DAMERAU, CARL R111766 481 COUNTY ROAD 112
CARBONDALE, CO 81623
239323100409 479 112 COUNTY
RD CARBONDALE SPENCE, ELEANOR W TRUST R044129
PO BOX 111
CARBONDALE, CO 81623-
0111
239323400360 471 112 COUNTY
RD CARBONDALE
JOHNSON, H ARVID & JANET JOHNS TRUSTEES OF THE H ARVID
JOHNSON REVOCABLE TRUST DTD 10/08/2012 R111964 0471 COUNTY ROAD #112
CARBONDALE, CO 81623
239323400361 477 112 COUNTY
RD CARBONDALE
THOMPSON FAMILY TRUST- MICHAEL J & SUSAN G THOMPSON
TRUSTEES R111965 477 COUNTY ROAD 112
CARBONDALE, CO 81623
239323403004 13114 82 HWY
CARBONDALE RYOBI FOUNDATION R084008 13114 HWY 82
CARBONDALE, CO 81623
239323403005 13114 82 HWY
CARBONDALE RYOBI FOUNDATION R084009 13114 HWY 82
CARBONDALE, CO 81623
Garfield County, CO
Developed by
Date created: 5/20/2022
Last Data Uploa ded: 5/20/2022 3:32:22 AM
1,234 ft
Overvi ew
Legend
Parcels
Roa ds
Parcel/Account
Number s
Highw ays
Limited Access
Highwa y
Major Road
Loca l Roa d
Minor Road
Other Road
Ra mp
Ferry
Pedestria n Way
Owner Na me
Lakes & River s
County Boundar y
Line
5/19/22, 2:13 PM Garfield County Land Explorer
1/1
Garfield County Land Explorer
Parcel Physical
Address Owner Account
Num Mailing Address
239323100282 473 112 COUNTY
RD CARBONDALE CONNOR, RICHARD DOUGLAS & KRISTIN R111628 473 COUNTY ROAD 112
CARBONDALE, CO 81623
239323100287 481 112 COUNTY
RD CARBONDALE PARSA, ATOUSSA & DAMERAU, CARL R111766 481 COUNTY ROAD 112
CARBONDALE, CO 81623
239323400360 471 112 COUNTY
RD CARBONDALE
JOHNSON, H ARVID & JANET JOHNS TRUSTEES OF THE H ARVID
JOHNSON REVOCABLE TRUST DTD 10/08/2012 R111964 0471 COUNTY ROAD #112
CARBONDALE, CO 81623
239323400361 477 112 COUNTY
RD CARBONDALE
THOMPSON FAMILY TRUST- MICHAEL J & SUSAN G THOMPSON
TRUSTEES R111965 477 COUNTY ROAD 112
CARBONDALE, CO 81623
239323403004 13114 82 HWY
CARBONDALE RYOBI FOUNDATION R084008 13114 HWY 82
CARBONDALE, CO 81623
239323403005 13114 82 HWY
CARBONDALE RYOBI FOUNDATION R084009 13114 HWY 82
CARBONDALE, CO 81623
Garfield County, CO
Developed by
Date created: 5/20/2022
Last Data Uploa ded: 5/20/2022 3:32:22 AM
1,234 ft
Overvi ew
Legend
Parcels
Roa ds
Parcel/Account
Number s
Highw ays
Limited Access
Highwa y
Major Road
Loca l Roa d
Minor Road
Other Road
Ra mp
Ferry
Pedestria n Way
Owner Na me
Lakes & River s
County Boundar y
Line
Garfield County, CO
Developed by
Account
Number
R111965
Par cel
Number
239323400361
Acr es 7
Land SqFt 0
T ax Ar ea 011
2019 Mill
Levy
79.7760
Physica l
Addr ess
477 112 C OUNTY RD
C ARBONDAL E 81623
Owner
Addr ess
THOMPSON FAMILY TRUST- MIC HAEL J
& SUSAN
477 C OUNTY ROAD 112
C ARBONDAL E C O 81623
2019 T ota l Actual
Value
$695,590 Last 2 Sales
Date Pr ice
2/14/2014 $0
2/14/2014 $0
Date created: 5/20/2022
Last Data Uploa ded: 5/20/2022 3:32:22 AM
2,468 ft
Overvi ew
Legend
Parcels
Roa ds
Parcel/Account
Number s
Highw ays
Limited Access
Highwa y
Major Road
Loca l Roa d
Minor Road
Other Road
Ra mp
Ferry
Pedestria n Way
Owner Na me
Lakes & River s
County Boundar y
Line
Land Title Guarantee Company
Customer Distribution
PREVENT FRAUD - Please remember to call a member of our closing team when
initiating a wire transfer or providing wiring instructions.
Order Number:GW63018722 Date: 04/20/2022
Property Address:481 COUNTY ROAD 112, CARBONDALE, CO 81623
PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS
For Closing Assistance For Title Assistance
Land Title Garfield County Title Team
901 GRAND AVENUE #202
GLENWOOD SPRINGS, CO 81601
(970) 945-2610 (Work)
(970) 945-4784 (Work Fax)
glenwoodresponse@ltgc.com
Attorney for Seller
GARFIELD & HECHT
Attention: HALEY M CARMER
901 GRAND AVE., SUITE 201
GLENWOOD SPRINGS, CO 81601
(970) 947-1936 (Work)
(970) 917-1937 (Work Fax)
hcarmer@garfieldhecht.com
Delivered via: Electronic Mail
Land Title Guarantee Company
Estimate of Title Fees
Order Number:GW63018722 Date: 04/20/2022
Property Address:481 COUNTY ROAD 112, CARBONDALE, CO
81623
Parties:A BUYER TO BE DETERMINED
CARL DAMERAU AND ATOUSSA PARSA
Visit Land Title's Website at www.ltgc.com for directions to any of our offices.
Estimate of Title insurance Fees
"TBD" Commitment $265.00
Total $265.00
If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at
closing.
Thank you for your order!
Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants
conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal
assistance in order to fully understand and be aware of the implications of the effect of these documents on your
property.
Chain of Title Documents:
Garfield county recorded 09/02/2021 under reception no.
962576
Garfield county recorded 01/19/2017 under reception no.
887827
Garfield county recorded 12/16/2016 under reception no.
886685
Garfield county recorded 12/16/2016 under reception no.
886684
Garfield county recorded 09/15/2010 under reception no.
791378
Plat Map(s):
Garfield county recorded 01/06/1987 under reception no.
377940
Property Address:
481 COUNTY ROAD 112, CARBONDALE, CO 81623
1.Effective Date:
03/31/2022 at 5:00 P.M.
2.Policy to be Issued and Proposed Insured:
"TBD" Commitment
Proposed Insured:
A BUYER TO BE DETERMINED
$0.00
3.The estate or interest in the land described or referred to in this Commitment and covered herein is:
A FEE SIMPLE
4.Title to the estate or interest covered herein is at the effective date hereof vested in:
CARL DAMERAU AND ATOUSSA PARSA
5.The Land referred to in this Commitment is described as follows:
A TRACT OF LAND SITUATED IN THE SW1/4NE1/4 OF SECTION 23, TOWNSHIP 7 SOUTH, RANGE 88
WEST OF THE 6TH P.M., GARFIELD COUNTY, COLORADO AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHEAST CORNER OF SAID SW1/4NE1/4 WHENCE THE E1/4
CORNER OF SAID SECTION 23 BEARS N. 89°46'08" E. 1236.81 FEET;
THENCE S. 89°46'08" W. 825.40 FEET ALONG THE SOUTHERLY BOUNDARY LINE OF SAID SW1/4NE1/4;
THENCE N. 00°18'13" E. 318.07 FEET TO A WELL;
THENCE N. 00°18'13" E. 141.45 FEET;
THENCE N. 81°32'53" E. 850.86 FEET TO A POINT ON THE EASTERLY BOUNDARY LINE OF SAID
SW1/4NE1/4;
THENCE S. 01°50'21" W. 581.54 FEET ALONG SAID EASTERLY BOUNDARY LINE TO THE POINT OF
BEGINNING.
ALSO KNOWN AS:
LOT 2
CARTER SUBDIVISION EXEMPTION
ACCORDING TO THE PLAT RECORDED JANUARY 6, 1987 AT RECEPTION NO. 377940
COUNTY OF GARFIELD
STATE OF COLORADO
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:GW63018722
Copyright 2006-2022 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the
American Land Title Association.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:GW63018722
This commitment does not republish any covenants, condition, restriction, or limitation contained in any
document referred to in this commitment to the extent that the specific covenant, conditions, restriction,
or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender
identity, handicap, familial status, or national origin.
1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land and not shown by the Public
Records.
4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by
law and not shown by the Public Records.
5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date of the proposed
insured acquires of record for value the estate or interest or mortgage thereon covered by this
Commitment.
6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public
agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the Public Records.
7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
8.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 14, 1917, IN BOOK 112 AT
PAGE 482.
9.RESERVATION OF A RIGHT-OF-WAY AS DESCRIBED IN DEED RECORDED JUNE 7, 1967 IN BOOK 385
AT PAGE 16.
10.TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AND RIGHT-OF-WAY AGREEMENT RECORDED
JUNE 10, 1968 IN BOOK 395 AT PAGE 23.
11.TERMS, CONDITIONS AND PROVISIONS OF RIGHT-OF-WAY AND EASEMENT AGREEMENT RECORDED
SEPTEMBER 19, 1974 IN BOOK 464 AT PAGE 546.
12.EASEMENT FOR ROADWAY AND UTILITY EASEMENT AS DESCRIBED IN INSTRUMENT RECORDED
DECEMBER 31, 1974, IN BOOK 467 AT PAGE 522.
13.TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED AUGUST 17, 1979 IN BOOK 533 AT
PAGE 428.
14.TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS RIGHT-OF-WAY EASEMENT RECORDED
AUGUST 19, 1980 IN BOOK 553 AT PAGE 693.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: GW63018722
15.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 86-153 RECORDED DECEMBER 30, 1986
IN BOOK 702 AT PAGE 449.
16.TERMS, CONDITIONS AND PROVISIONS OF COMMON WELL COVENANTS RECORDED SEPTEMBER 17,
1990 IN BOOK 789 AT PAGE 136.
17.EASEMENT, RIGHT-OF-WAY AND OTHER MATTERS AS SHOWN ON CARTERS SUBDIVISION
EXEMPTION RECORDED JANUARY 6, 1989 UNDER RECEPTION NO. 377940.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: GW63018722
LAND TITLE GUARANTEE COMPANY
DISCLOSURE STATEMENTS
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the
clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least
one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that,
the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or
filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters
which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for
recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title
Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal
documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy
when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of
Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following
conditions:
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
The Subject real property may be located in a special taxing district.(A)
A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in
which the real property is located or that county treasurer's authorized agent unless the proposed insured provides
written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real
property).
(B)
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.
(C)
The land described in Schedule A of this commitment must be a single family residence which includes a
condominium or townhouse unit.
(A)
No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land
described in Schedule A of this Commitment within the past 6 months.
(B)
The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and
material-men's liens.
(C)
The Company must receive payment of the appropriate premium.(D)
If there has been construction, improvements or major repairs undertaken on the property to be purchased within
six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include:
disclosure of certain construction information; financial information as to the seller, the builder and or the
contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company,
and, any additional requirements as may be necessary after an examination of the aforesaid information by the
Company.
(E)
Note: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface
estate, in Schedule B-2.
Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may
include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance
company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for
the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award
payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of
Regulatory Agencies.
Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing
protection letter for the lender, purchaser, lessee or seller in connection with this transaction.
Note: Pursuant to CRS 10-1-11(4)(a)(1), Colorado notaries may remotely notarize real estate deeds and other
documents using real-time audio-video communication technology. You may choose not to use remote notarization for
any document.
That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the
surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and
(A)
That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
(B)
JOINT NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY,
LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY
LAND TITLE INSURANCE CORPORATION AND
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance
Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state
privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence
is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized
access to your non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
applications or other forms we receive from you, including communications sent through TMX, our web-based
transaction management system;
your transactions with, or from the services being performed by us, our affiliates, or others;
a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
The public records maintained by governmental entities that we obtain either directly from those entities, or from
our affiliates and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows:
We restrict access to all Personal Information about you to those employees who need to know that information in
order to provide products and services to you.
We may share your Personal Information with affiliated contractors or service providers who provide services in the
course of our business, but only to the extent necessary for these providers to perform their services and to
provide these services to you as may be required by your transaction.
We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your
Personal Information from unauthorized access or intrusion.
Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action.
We regularly assess security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT
IS NOT STATED ABOVE OR PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We
may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for
example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your
Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is
needed to enforce our rights arising out of any agreement, transaction or relationship with you.
Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy
policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration
Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof.
Commitment For Title Insurance
Issued by Old Republic National Title Insurance Company
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER
REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING
ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND
CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN
ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE
CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. .
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance
Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is
effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the
specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met
within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end.
COMMITMENT CONDITIONS
1. DEFINITIONS
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates
and the Company’s liability and obligation end.
3. The Company’s liability and obligation is limited by and this Commitment is not valid without:
4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or
other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The
Company shall not be liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
i. comply with the Schedule B, Part I—Requirements;
ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
“Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a)
“Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any
property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues,
alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
(b)
“Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c)
“Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company
pursuant to this Commitment.
(d)
“Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e)
“Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this
Commitment.
(f)
“Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters
relating to real property to purchasers for value and without Knowledge.
(g)
“Title”: The estate or interest described in Schedule A.(h)
the Notice;(a)
the Commitment to Issue Policy;(b)
the Commitment Conditions;(c)
Schedule A;(d)
Schedule B, Part I—Requirements; and(e)
Schedule B, Part II—Exceptions; and(f)
a counter-signature by the Company or its issuing agent that may be in electronic form.(g)
The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the
Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed
Insured’s good faith reliance to:
(a)
The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the
matter and did not notify the Company about it in writing.
(b)
The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the
Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
(c)
The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment
Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(d)
The Company shall not be liable for the content of the Transaction Identification Data, if any.(e)
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the
Company’s agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma
policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at
http://www.alta.org/arbitration.
IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown
in Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
Issued by:
Land Title Guarantee Company
3033 East First Avenue Suite 600
Denver, Colorado 80206
303-321-1880
Craig B. Rants, Senior Vice President
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II
—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are
prohibited. Reprinted under license from the American Land Title Association.
In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements
have been met to the satisfaction of the Company.
(f)
In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g)
Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a)
Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b)
Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject
matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral,
express or implied, relating to the subject matter of this Commitment.
(c)
The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the
terms and provisions of this Commitment or the Policy.
(d)
Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e)
When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f)
Land Title Guarantee Company
Customer Distribution
PREVENT FRAUD - Please remember to call a member of our closing team when
initiating a wire transfer or providing wiring instructions.
Order Number:GW63018723 Date: 04/22/2022
Property Address:477 COUNTY ROAD 112, CARBONDALE, CO 81623
PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS
For Closing Assistance For Title Assistance
Land Title Garfield County Title Team
901 GRAND AVENUE #202
GLENWOOD SPRINGS, CO 81601
(970) 945-2610 (Work)
(970) 945-4784 (Work Fax)
glenwoodresponse@ltgc.com
Attorney for Seller
GARFIELD & HECHT
Attention: HALEY M CARMER
901 GRAND AVE., SUITE 201
GLENWOOD SPRINGS, CO 81601
(970) 947-1936 (Work)
(970) 917-1937 (Work Fax)
hcarmer@garfieldhecht.com
Delivered via: Electronic Mail
Buyer/Borrower
GARFIELD & HECHT PC
Attention: SASHA SEMPLE
625 E HYMAN AVE #201
ASPEN, CO 81611
(970) 925-1936 (Work)
(970) 925-3008 (Work Fax)
ssemple@garfieldhecht.com
Delivered via: Electronic Mail
Land Title Guarantee Company
Estimate of Title Fees
Order Number:GW63018723 Date: 04/22/2022
Property Address:477 COUNTY ROAD 112, CARBONDALE, CO 81623
Parties:A BUYER TO BE DETERMINED
THE THOMPSON FAMILY TRUST DATED DECEMBER 19, 2013, MICHAEL J.
THOMPSON AND SUSAN G. THOMPSON TRUSTEES
Visit Land Title's Website at www.ltgc.com for directions to any of our offices.
Estimate of Title insurance Fees
"TBD" Commitment $265.00
Total $265.00
If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at
closing.
Thank you for your order!
Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants
conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal
assistance in order to fully understand and be aware of the implications of the effect of these documents on your
property.
Chain of Title Documents:
Garfield county recorded 09/09/2005 under reception no.
681903
Plat Map(s):
Garfield county recorded 06/29/1994 under reception no.
465154
Property Address:
477 COUNTY ROAD 112, CARBONDALE, CO 81623
1.Effective Date:
03/31/2022 at 5:00 P.M.
2.Policy to be Issued and Proposed Insured:
"TBD" Commitment
Proposed Insured:
A BUYER TO BE DETERMINED
$0.00
3.The estate or interest in the land described or referred to in this Commitment and covered herein is:
A FEE SIMPLE
4.Title to the estate or interest covered herein is at the effective date hereof vested in:
THE THOMPSON FAMILY TRUST DATED DECEMBER 19, 2013, MICHAEL J. THOMPSON AND SUSAN G.
THOMPSON TRUSTEES
5.The Land referred to in this Commitment is described as follows:
A PARCEL OF LAND SITUATED IN THE NORTHWEST QUARTER SOUTHEAST QUARTER OF SECTION 23,
TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD,
STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER SOUTHEAST QUARTER,
THE TRUE POINT OF BEGINNING;
THENCE SOUTH 01°19'49" EAST 347.91 FEET TO A POINT ON THE CENTERLINE OF AN EXISTING RIGHT
OF WAY AND EASEMENT (DOCUMENT NO. 241103 AS FILED IN THE CLERK AND RECORDER'S OFFICE);
THENCE ALONG SAID CENTERLINE SOUTH 39°20'38" WEST 128.42 FEET;
THENCE ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
188.71 FEET AND A CENTRAL ANGLE OF 35°16'32" A DISTANCE OF 116.18 FEET (CHORD BEARD SOUTH
56°58'54" WEST 114.36 FEET);
THENCE ALONG SAID CENTERLINE SOUTH 74°37'10" WEST 336.82 FEET;
THENCE ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS
OF 75.49 FEET AND A CENTRAL ANGLE OF 89°37'50" A DISTANCE OF 118.09 FEET (CHORD BEARS
NORTH 60°33'55" WEST 106.41 FEET);
THENCE ALONG SAID CENTERLINE NORTH 15°45'00" WEST 36.44 FEET;
THENCE ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF
169.65 FEET AND A CENTRAL ANGLE OF 38°57'11" A DISTANCE OF 115.34 FEET (CHORD BEARS NORTH
03°43'37" EAST 113.13 FEET);
THENCE ALONG SAID CENTERLINE NORTH 23°12'14" EAST 163.52 FEET ;
THENCE ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF
299.91 FEET AND A CENTRAL ANGLE OF 35°09'09" A DISTANCE OF 184.00 FEET (CHORD BEARS NORTH
05°37'39" EAST 181.13 FEET);
THENCE ALONG SAID CENTERLINE NORTH 11°56'56" WEST 67.88 FEET TO A POINT ON THE
NORTHERLY LINE OF SAID NORTHWEST QUARTER SOUTHEAST QUARTER ;
THENCE LEAVING SAID CENTERLINE AND ALONG THE NORTHERLY LINE OF THE NORTHWEST
QUARTER SOUTHEAST QUARTER NORTH 89°49'42" EAST 521.06 FEET TO THE TRUE POINT OF
BEGINNING.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:GW63018723
Copyright 2006-2022 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the
American Land Title Association.
ALSO KNOWN AS:
PARCEL B2
SECOND AMENDED BEARWALD EXEMPTION PLAT RECORDED JUNE 29, 1994 UNDER RECEPTION NO.
465154.
COUNTY OF GARFIELD
STATE OF COLORADO
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:GW63018723
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: GW63018723
All of the following Requirements must be met:
This proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company
may then make additional Requirements or Exceptions.
Pay the agreed amount for the estate or interest to be insured.
Pay the premiums, fees, and charges for the Policy to the Company.
Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or
both, must be properly authorized, executed, delivered, and recorded in the Public Records.
NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS
NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF
ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE
AND ANY AMENDMENTS THERETO.
1.A FULL COPY OF THE FULLY EXECUTED TRUST AGREEMENT AND ANY AND ALL AMENDMENTS
THERETO FOR THE THOMPSON FAMILY TRUST DATED DECEMBER 19, 2013, MICHAEL J. THOMPSON
AND SUSAN G. THOMPSON TRUSTEES MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY.
SAID AGREEMENT MUST DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE
DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID ENTITY.
NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION.
2.DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF
THE THOMPSON FAMILY TRUST DATED DECEMBER 19, 2013, MICHAEL J. THOMPSON AND SUSAN G.
THOMPSON TRUSTEES AS A TRUST. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH
LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND
POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING,
OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE
COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS.
NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER.
3.RELEASE OF DEED OF TRUST DATED JUNE 07, 2007 FROM MICHAEL J. THOMPSON AND SUSAN G.
THOMPSON TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF USAA FEDERAL
SAVINGS BANK TO SECURE THE SUM OF $125,000.00 RECORDED JULY 02, 2007, UNDER RECEPTION
NO. 726977.
NOTE: THE ABOVE DEED OF TRUST SECURES A LINE OF CREDIT.
4.SPECIAL WARRANTY DEED FROM THE THOMPSON FAMILY TRUST DATED DECEMBER 19, 2013,
MICHAEL J. THOMPSON AND SUSAN G. THOMPSON TRUSTEES TO A BUYER TO BE DETERMINED
CONVEYING SUBJECT PROPERTY.
NOTE: ALL PARTIES WILL BE REQUIRED TO SIGN A FINAL AFFIDAVIT AND AGREEMENT AT CLOSING.
This commitment does not republish any covenants, condition, restriction, or limitation contained in any
document referred to in this commitment to the extent that the specific covenant, conditions, restriction,
or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender
identity, handicap, familial status, or national origin.
1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land and not shown by the Public
Records.
4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by
law and not shown by the Public Records.
5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date of the proposed
insured acquires of record for value the estate or interest or mortgage thereon covered by this
Commitment.
6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public
agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the Public Records.
7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
8.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 14, 1920, IN BOOK 112 AT PAGE
526 AND IN DEED RECORDED APRIL 21, 1923, IN BOOK 112 AT PAGE 563.
9.TERMS, CONDITIONS, RESTRICTIONS AND PROVISIONS OF DEED RECORDED JUNE 10, 1968 IN BOOK
395 AT PAGE 23, AND IN DEED RECORDED MAY 28, 1971 IN BOOK 419 AT PAGE 374.
10.TERMS, CONDITIONS AND PROVISIONS OF DEED RECORDED JUNE 21, 1968 IN BOOK 395 AT PAGE
135.
11.EASEMENTS AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENTS
RECORDED JUNE 12, 1972 IN BOOK 432 AT PAGE 18, RECORDED OCTOBER 24, 1975 IN BOOK 479 AT
PAGE 929, AND RECORDED DECEMBER 7, 1989 IN BOOK 768 AT PAGE 438.
12.TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED SEPTEMBER 19, 1974 IN BOOK 464
AT PAGE 546.
13.TERMS AND CONDITIONS AS CONTAINED IN RESOLUTION NO. 83-50, RECORDED MARCH 15, 1983 IN
BOOK 622 AT PAGE 3, AND RESOLUTION NO. 94-052, RECORDED MAY 4, 1994 IN BOOK 901 AT PAGE
207.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: GW63018723
14.EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLATS OF SUBJECT
PROPERTY RECORDED JUNE 12, 1990 AS RECEPTION NO. 413455 AND RECORDED JUNE 29, 1994 AS
RECEPTION NO. 465154.
15.TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS ENERGY UNDERGROUND RIGHT-OF-WAY
EASEMENT RECORDED JULY 13, 2006 UNDER RECEPTION NO. 701971.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: GW63018723
LAND TITLE GUARANTEE COMPANY
DISCLOSURE STATEMENTS
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the
clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least
one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that,
the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or
filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters
which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for
recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title
Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal
documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy
when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of
Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following
conditions:
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
The Subject real property may be located in a special taxing district.(A)
A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in
which the real property is located or that county treasurer's authorized agent unless the proposed insured provides
written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real
property).
(B)
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.
(C)
The land described in Schedule A of this commitment must be a single family residence which includes a
condominium or townhouse unit.
(A)
No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land
described in Schedule A of this Commitment within the past 6 months.
(B)
The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and
material-men's liens.
(C)
The Company must receive payment of the appropriate premium.(D)
If there has been construction, improvements or major repairs undertaken on the property to be purchased within
six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include:
disclosure of certain construction information; financial information as to the seller, the builder and or the
contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company,
and, any additional requirements as may be necessary after an examination of the aforesaid information by the
Company.
(E)
Note: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface
estate, in Schedule B-2.
Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may
include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance
company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for
the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award
payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of
Regulatory Agencies.
Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing
protection letter for the lender, purchaser, lessee or seller in connection with this transaction.
Note: Pursuant to CRS 10-1-11(4)(a)(1), Colorado notaries may remotely notarize real estate deeds and other
documents using real-time audio-video communication technology. You may choose not to use remote notarization for
any document.
That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the
surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and
(A)
That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
(B)
JOINT NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY,
LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY
LAND TITLE INSURANCE CORPORATION AND
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance
Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state
privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence
is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized
access to your non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
applications or other forms we receive from you, including communications sent through TMX, our web-based
transaction management system;
your transactions with, or from the services being performed by us, our affiliates, or others;
a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
The public records maintained by governmental entities that we obtain either directly from those entities, or from
our affiliates and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows:
We restrict access to all Personal Information about you to those employees who need to know that information in
order to provide products and services to you.
We may share your Personal Information with affiliated contractors or service providers who provide services in the
course of our business, but only to the extent necessary for these providers to perform their services and to
provide these services to you as may be required by your transaction.
We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your
Personal Information from unauthorized access or intrusion.
Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action.
We regularly assess security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT
IS NOT STATED ABOVE OR PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We
may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for
example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your
Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is
needed to enforce our rights arising out of any agreement, transaction or relationship with you.
Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy
policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration
Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof.
Commitment For Title Insurance
Issued by Old Republic National Title Insurance Company
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER
REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING
ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND
CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN
ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE
CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. .
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance
Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is
effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the
specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met
within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end.
COMMITMENT CONDITIONS
1. DEFINITIONS
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates
and the Company’s liability and obligation end.
3. The Company’s liability and obligation is limited by and this Commitment is not valid without:
4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or
other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The
Company shall not be liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
i. comply with the Schedule B, Part I—Requirements;
ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
“Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a)
“Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any
property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues,
alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
(b)
“Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c)
“Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company
pursuant to this Commitment.
(d)
“Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e)
“Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this
Commitment.
(f)
“Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters
relating to real property to purchasers for value and without Knowledge.
(g)
“Title”: The estate or interest described in Schedule A.(h)
the Notice;(a)
the Commitment to Issue Policy;(b)
the Commitment Conditions;(c)
Schedule A;(d)
Schedule B, Part I—Requirements; and(e)
Schedule B, Part II—Exceptions; and(f)
a counter-signature by the Company or its issuing agent that may be in electronic form.(g)
The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the
Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed
Insured’s good faith reliance to:
(a)
The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the
matter and did not notify the Company about it in writing.
(b)
The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the
Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
(c)
The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment
Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(d)
The Company shall not be liable for the content of the Transaction Identification Data, if any.(e)
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the
Company’s agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma
policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at
http://www.alta.org/arbitration.
IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown
in Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
Issued by:
Land Title Guarantee Company
3033 East First Avenue Suite 600
Denver, Colorado 80206
303-321-1880
Craig B. Rants, Senior Vice President
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II
—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are
prohibited. Reprinted under license from the American Land Title Association.
In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements
have been met to the satisfaction of the Company.
(f)
In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g)
Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a)
Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b)
Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject
matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral,
express or implied, relating to the subject matter of this Commitment.
(c)
The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the
terms and provisions of this Commitment or the Policy.
(d)
Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e)
When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f)
SHED10.5' X 24.5'XXOEPARCEL 1 - PARSA PARCELAPN:239323100287LOT 2 CARTER'S SUBDIVISIONEXEMPTION: RESOLUTIONNO. 86-153 REC. # 377940AS PLATTED: 433,065± SQ. FT.9.942± ACRESAS ADJUSTED:436,778± SQ. FT.10.027± ACRESPARCEL 2 - THOMPSON PARCELAPN:239323400361PARCEL B2 2ND AMENDEDBEARWALD EXEMPTION PLATREC. # 465154AS PLATTED: 289,575± SQ. FT.6.648± ACRESAS ADJUSTED:285,862± SQ. FT.6.562± ACRESSEE DETAIL AREAN 00°21'49" E 459.52'N 81°36'29" E 850.86'S 01°53'57" W 581.54'XXXOEOEXXXXXXXOEOEOEOEOEOES 01°14'49" E 347.91'
L
1C1S 74°37'10" W 336.82'C2C3L2 C4 N 23°12'14" E163.52'C5 L3
FOUND NO. 5 REBAR& 1.25" YELLOWPLASTIC CAPL.S. NO. 19598OVERHEADELECTRIC(TYP)FENCES(TYP)477 COUNTY RD. 112CABIN 20.7' X 25'CENTERLINEGRAVELROAD WITHBURIED PIPESHED12.2' X 24.2'SHED10.2' X 20.2'GARAGE25.2' X 40.2'GRAVELDRIVEWAY 481 COUNTY RD. 112MULTI-LEVELWOOD HOUSEASPHALTDRIVEWAYBARN13.9' X 26''GATEGATETELECOMPEDESTALSHED7.7' X 9.9'FOUND NO. 5 REBAR BEARS S57° 47' 23"W3.57'FOUND NO. 5 REBAR& 1.25" YELLOWPLASTIC CAPL.S. NO. 14111FOUND NO. 5 REBAR& 1.25" YELLOWPLASTIC CAPILLEGIBLEFOUND 3.25" BLMALUMINUM CAPE 1/16 S 23 1986FOUND NO. 5 REBAR& 1.25" REDPLASTIC CAPILLEGIBLETO BE SET NO. 5 REBAR& 1.25" YELLOWPLASTIC CAPL.S. NO. 38294(TYP.)TO BE SET NO. 5 REBAR& 1.25" YELLOWPLASTIC CAPL.S. NO. 38294TO BE SET NO. 5 REBAR& 1.25" YELLOWPLASTIC CAPL.S. NO. 38294TO BE SET NO. 5 REBAR& 1.25" YELLOWPLASTIC CAPL.S. NO. 38294WELL 20'EASEMENT PER REC.NO. 417172W60' ACCESS EASEMENT PERCARTER'S SUBDIVISIONEXEMPTION RESOLUTION NO.86-153 REC. NO. 37794060' ACCESS EASEMENTPER 2ND AMENDEDBEARWALD EXEMPTIONPLAT REC. NO. 465154POWERPOLE(TYP)7.507.5015' EASEMENTAS SHOWN ATREC. NO. 37794020' TELEPHONE &ELECTRICAL EASEMENTAS SHOWN AT REC. NO. 377940 AND IN REC. NO.306412 & 265865OEOEHOLY CROSSRIGHT-OF-WAYEASEMENT PERREC. NO. 269919 & 70197154.73XXXXXXOEOEOEOEXXOEOEOEOEL4S 88°52'49" W 327.82'L5 L6PARCEL 2 - THOMPSON PARCELAPN:239323400361PARCEL B2 2ND AMENDED BEARWALDEXEMPTION PLAT REC. # 465154AS PLATTED: 289,575± SQ. FT./6.648± ACRESAS ADJUSTED:285,862± SQ. FT./6.562± ACRESPARCEL 1 - PARSA PARCELAPN:239323100287LOT 2 CARTER'S SUBDIVISION EXEMPTION:RESOLUTION NO. 86-153 REC. # 377940AS PLATTED: 433,065± SQ. FT./9.942± ACRESAS ADJUSTED:436,778± SQ. FT./10.027± ACRESSHED10.5' X 24.5'ASPHALTDRIVEWAYTO BE SETNO. 5 REBAR& 1.25" YELLOWPLASTIC CAPL.S. NO. 38294TO BE SET NO. 5 REBAR& 1.25" YELLOWPLASTIC CAPL.S. NO. 38294FOUND 58" REBAR& 1 1/4" YELLOWPLASTIC CAPILLEGIBLEEXISTINGFENCEOVERHEADELECTRICFOUND 3.25" BLMALUMINUM CAPEAST1/16 S 23 1986POWERPOLE20' HOLY CROSSRIGHT-OF-WAYEASEMENT PERREC. NO. 254095OEOEBOUNDARY TOBE VACATEDPROPOSEDBOUNDARYLINE TABLELINE NO.L4L5L6BEARINGN00°10'18"WN11°56'56"WN11°56'56"WDISTANCE8.55'53.62'14.28'NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTIONBASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRSTDISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT INTHIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THECERTIFICATION SHOWN HEREON.ByNO.DateProject NO.RevisionDrawn By:Checked By:Date:Computer File:Drake Consulting, Inc.Land SurveyingPhone 970-987-1389Fax 970-360-1001www.DrakeConsulting.CO210491 OF 1477 AND 481 COUNTY ROAD 112CARBONDALE, CO 81623SITE PLANAPNS: 239323100287/239323400361GARFIELD COUNTY, COJGTJK05/23/2022CAD/21/049.DWG010010020040050AS PLATTEDDETAIL AREA:SCALE: 1" = 40'SITE PLAN COUNTY REVIEWAREA SUMMARY :ORIGINAL PARCEL 1 - PARSA433,065± SQ. FT./9.942± ACRESORIGINAL PARCEL 2 - THOMPSON289,575± SQ. FT./6.648± ACRESNEW PARCEL 1 - PARSA436,778± SQ. FT./10.027± ACRESNEW PARCEL 2 - THOMPSON285,862± SQ. FT./6.562± ACRESAS ADJUSTEDNOTES:1) THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS, SETBACKS AND EASEMENTS OF RECORD,OR IN PLACE AND EXCEPTIONS TO TITLE SHOWN IN THE TITLE COMMITMENT PREPARED BY LAND TITLE GUARANTEECOMPANY, ORDER NO. GW63018723, DATED 04/22/2022 AND ORDER NO. GW63018722, DATED 04/20/2022.2) THE DATE OF THIS SURVEY WAS JULY 4, 2021 AND APRIL 25, 2022.3) BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF S89°49'42"W BETWEEN THE CENTER EAST 1/16 OF SECTION 23,A STANDARD B.L.M. ALUMINUM CAP ON A 2.5" ALUMINUM PIPE 1986 FOUND IN PLACE AND THE CENTER QUARTER OFSECTION 23, A STANDARD B.L.M. ALUMINUM CAP ON A 2.5" ALUMINUM PIPE 1986 FOUND IN PLACE. BEARING IS BASED ONTHE 2ND AMENDED BEARWALD EXEMPTION PLAT RECORDED APRIL 26, 1994 AS RECEPTION NO. 465154.4) UNITS OF MEASURE FOR ALL DIMENSIONS SHOWN HEREON IS U.S. SURVEY FEET.5) THIS PLAT IS BASED ON CARTERS SUBDIVISION EXEMPTION: RESOLUTION NO. 86-153, RECORDED JANUARY 6, 1986 ASRECEPTION NO. 377940 AND THE 2ND AMENDED BEARWALD EXEMPTION PLAT RECORDED JUNE 29 1994 AS RECEPTIONNO. 465154 IN THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE AND CORNERS FOUND IN PLACE.NOTESITE IMPROVEMENTS SHOWN WILL BE REMOVEDPRIOR TO PLOTTING FINAL PLATSETBACK NOTE TO BE REMOVED ON FINAL PLAT1) THESE PROPERTY'S ARE ZONED RURAL BUILDING SETBACKS ARE 25' FRONT, 25' REAR AND 10' SIDEVICINITY MAPSCALE 1" = 2,000'SUBJECTPROPERTYSECTION 14SECTION 23SECTION 23SECTION 26SECTION 23
SECTION 24
SECTION 22
SECTION 23
T 7SR 88WLINE TABLELINE NO.L1L2L3BEARINGS39°20'38"WN15°45'00"WN11°56'56"WDISTANCE128.42'36.44'67.89'CURVE TABLECURVE NO.C1C2C3C4C5ARC LENGTH116.19'44.35'73.59'115.34'184.00'RADIUS188.71'75.49'75.49'169.65'299.91'DELTA ANGLE35°16'35"33°39'49"55°51'21"38°57'11"35°09'09"CHORD BEARINGS56°58'54"WN88°18'28"WN43°50'22"WN03°43'37"EN05°37'39"ECHORD LENGTH114.36'43.72'70.71'113.13'181.13'NORTH FIRST AMENDED CARTER'S SUBDIVISION EXEMPTION PLATLOT 2/THIRD AMENDED BEARWALD EXEMPTION PLAT PARCEL B2ADJACENT PARCELS OF LAND WITHIN A PORTION OF SECTION 23,TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M.,COUNTY OF GARFIELD, STATE OF COLORADOCOL
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J. KAISER3829405/23/22SURVEYOR'S STATEMENTI, TRAVIS J. KAISER, DO HEREBY STATE THAT THIS SITE PLAN WASPREPARED BY DRAKE CONSULTING, INC. FORTHE THOMPSON FAMILY TRUST DATED DECEMBER 19, 2013, MICHAELJ. THOMPSON AND SUSAN G. THOMPSON TRUSTEES, & CARLDAMERAU AND ATOUSSA PARSA. THAT SAID SURVEY WASPREPARED BY ME OR UNDER MY SUPERVISION AND RESPONSIBLECHARGE AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MYKNOWLEDGE.TRAVIS J. KAISER,COLORADO P.L.S. NO. 38294FOR, AND ON BEHALF OF DRAKE CONSULTING, INC.
PARCEL 1 - PARSA PARCELAPN:239323100287LOT 2 CARTER'S SUBDIVISIONEXEMPTION: RESOLUTIONNO. 86-153 REC. # 377940AS PLATTED: 433,065± SQ. FT.9.942± ACRESAS ADJUSTED:436,778± SQ. FT.10.027± ACRESPARCEL 2 - THOMPSON PARCELAPN:239323400361PARCEL B2 2ND AMENDEDBEARWALD EXEMPTION PLATREC. # 465154AS PLATTED: 289,575± SQ. FT.6.648± ACRESAS ADJUSTED:285,862± SQ. FT.6.562± ACRESN 00°21'49" E 459.52'N 81°36'29" E 850.86'S 01°53'57" W 581.54'S 01°14'49" E 347.91'
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FOUND NO. 5 REBAR& 1.25" YELLOWPLASTIC CAPL.S. NO. 19598FOUND NO. 5 REBAR BEARS S57° 47' 23"W3.57'FOUND NO. 5 REBAR& 1.25" YELLOWPLASTIC CAPL.S. NO. 14111FOUND NO. 5 REBAR& 1.25" YELLOWPLASTIC CAPILLEGIBLEFOUND 3.25" BLMALUMINUM CAPE 1/16 S 23 1986FOUND NO. 5 REBAR& 1.25" REDPLASTIC CAPILLEGIBLETO BE SET NO. 5 REBAR& 1.25" YELLOWPLASTIC CAPL.S. NO. 38294(TYP.)TO BE SET NO. 5 REBAR& 1.25" YELLOWPLASTIC CAPL.S. NO. 38294TO BE SET NO. 5 REBAR& 1.25" YELLOWPLASTIC CAPL.S. NO. 38294TO BE SET NO. 5 REBAR& 1.25" YELLOWPLASTIC CAPL.S. NO. 38294L4S 88°52'49" W 327.82'L5 L6WELL 20'EASEMENT PER REC.NO. 417172W60' ACCESS EASEMENT PERCARTER'S SUBDIVISIONEXEMPTION RESOLUTION NO.86-153 REC. NO. 37794060' ACCESS EASEMENTPER 2ND AMENDEDBEARWALD EXEMPTIONPLAT REC. NO. 4651547.507.5015' EASEMENTAS SHOWN ATREC. NO. 37794020' TELEPHONE &ELECTRICAL EASEMENTAS SHOWN AT REC. NO. 377940 AND IN REC. NO.306412 & 265865HOLY CROSSRIGHT-OF-WAYEASEMENT PERREC. NO. 269919 & 701971N 89°49'44" E 190.88'S 89°49'44" W 303.83'PROPERTY LINE VACATEDBY THIS PLAT20' HOLY CROSSRIGHT-OF-WAYEASEMENT PER REC.NO. 254095NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTIONBASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRSTDISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT INTHIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THECERTIFICATION SHOWN HEREON.ByNO.DateProject NO.RevisionDrawn By:Checked By:Date:Computer File:Drake Consulting, Inc.Land SurveyingPhone 970-987-1389Fax 970-360-1001www.DrakeConsulting.CO210491 OF 1477 AND 481 COUNTY ROAD 112CARBONDALE, CO 81623LOT LINE ADJUSTMENTAPNS: 239323100287/239323400361GARFIELD COUNTY, COJGTJK05/10/2022CAD/21/019.DWG010010020040050FIRST AMENDED CARTER'S SUBDIVISION EXEMPTION PLATLOT 2/THIRD AMENDED BEARWALD EXEMPTION PLAT PARCEL B2ADJACENT PARCELS OF LAND WITHIN A PORTION OF SECTION 23,TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M.,COUNTY OF GARFIELD, STATE OF COLORADOAREA SUMMARY :ORIGINAL PARCEL 1 - PARSA433,065± SQ. FT./9.942± ACRESORIGINAL PARCEL 2 - THOMPSON289,575± SQ. FT./6.648± ACRESNEW PARCEL 1 - PARSA436,778± SQ. FT./10.027± ACRESNEW PARCEL 2 - THOMPSON285,862± SQ. FT./6.562± ACRESNOTES:1) THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS, SETBACKS ANDEASEMENTS OF RECORD, OR IN PLACE AND EXCEPTIONS TO TITLE SHOWN IN THE TITLECOMMITMENT PREPARED BY LAND TITLE GUARANTEE COMPANY, ORDER NO. GW63018723, DATED04/22/2022 AND ORDER NO. GW63018722, DATED 04/20/2022.2) THE DATE OF THIS SURVEY WAS JULY 4, 2021 AND APRIL 25, 2022.3) BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF S89°49'42"W BETWEEN THE CENTEREAST 1/16 OF SECTION 23, A STANDARD B.L.M. ALUMINUM CAP ON A 2.5" ALUMINUM PIPE 1986FOUND IN PLACE AND THE CENTER QUARTER OF SECTION 23, A STANDARD B.L.M. ALUMINUM CAPON A 2.5" ALUMINUM PIPE 1986 FOUND IN PLACE. BEARING IS BASED ON THE 2ND AMENDEDBEARWALD EXEMPTION PLAT RECORDED APRIL 26, 1994 AS RECEPTION NO. 465154.4) UNITS OF MEASURE FOR ALL DIMENSIONS SHOWN HEREON IS U.S. SURVEY FEET.5) THIS PLAT IS BASED ON CARTERS SUBDIVISION EXEMPTION: RESOLUTION NO. 86-153,RECORDED JANUARY 6, 1986 AS RECEPTION NO. 377940 AND THE 2ND AMENDED BEARWALDEXEMPTION PLAT RECORDED JUNE 29 1994 AS RECEPTION NO. 465154 IN THE GARFIELD COUNTYCLERK AND RECORDER'S OFFICE AND CORNERS FOUND IN PLACE.PLAT NOTES1) ALL PLAT NOTES AND EASEMENT ON THE CARTERS SUBDIVISION EXEMPTION: RESOLUTION NO.86-153 RECORDED JANUARY 6, 1986 AS RECEPTION NO. 377940 REMAIN IN EFFECT AND AREINCORPORATED HEREIN BY REFERENCE.2) ALL PLAT NOTES AND EASEMENT ON 2ND AMENDED BEARWALD EXEMPTION PLAT RECORDEDJUNE 29 1994 AS RECEPTION NO. 465154 REMAIN IN EFFECT AND ARE INCORPORATED HEREIN BYREFERENCE.3) THE PURPOSE OF THIS BOUNDARY LINE ADJUSTMENT IS TO DEFINE A NEW BOUNDARYBETWEEN PARCEL 1 (PARSA PARCEL) AND PARCEL 2 (THOMPSON PARCEL) AS SHOWN HEREON.VICINITY MAPSCALE 1" = 2,000'SUBJECTPROPERTYSECTION 14SECTION 23SECTION 23SECTION 26SECTION 23
SECTION 24
SECTION 22
SECTION 23
T 7SR 88WSURVEYOR'S CERTIFICATEI, TRAVIS J. KAISER, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYORLICENSED UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS PLAT IS A TRUE,CORRECT AND COMPLETE PLAT OF PARSA/THOMPSONLOT LINE ADJUSTMENT PLAT AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THATSUCH PLAT WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME, OR UNDER MYSUPERVISION, IS BASED ON MY KNOWLEDGE, INFORMATION AND BELIEF, AND THAT ITCONFORMS WITH THE CURRENT "STANDARDS FOR LAND SURVEYS" OF THE COLORADO AESBOARD OF LICENSURE, AS WELL AS WITH RELATED SURVEY REQUIREMENTS OF CURRENTVERSIONS OF THE COLORADO REVISED STATUTES AND THE COUNTY OF GARFIELDREGULATIONS, THIS CERTIFICATE IS NOT INTENDED TO BE AN EXPRESS OR IMPLIEDWARRANTY OR GUARANTEE OF ANY MATTERS EXCEPT THOSE STATED IN THE PRECEDINGSENTENCE AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS,EASEMENTS AND STREETS OF THE ROSE MINOR SUBDIVISION AS THE SAME ARE STAKED UPONTHE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISIONOF LAND.IN WITNESS WHEREOF I HAVE SET MY HAND AND SEALTRAVIS J. KAISER,COLORADO P.L.S. NO. 38294FOR, AND ON BEHALF OF DRAKE CONSULTING, INC.PRELIMI
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TITLE CERTIFICATEI, _________________, AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF COLORADO, OR AGENT AUTHORIZEDBY A TITLE INSURANCE COMPANY, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPONTHIS PLAT AND THAT TITLE TO SUCH LANDS IS VESTED IN ATOUSSSA & DAMARAU CARL PARSA, FREE AND CLEAR OF ALLLIENS AND ENCUMBRANCES (INCLUDING MORTGAGES, DEEDS OF TRUST, JUDGMENTS, EASEMENTS, CONTRACTS ANDAGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT), EXCEPT AS FOLLOWS:____________________________________________________________________________________________________________________________________________________________________.DATED THIS ___ DAY OF ________________, A.D., 2022.TITLE COMPANY:________________________________________________________________________AGENTOR____________________________________ATTORNEYCOLORADO ATTORNEY REGISTRATION NO. _____COUNTY COMMISSIONER'S CERTIFICATEBASED UPON THE REVIEW AND RECOMMENDATION OF THE GARFIELD COUNTY DIRECTOR OF COMMUNITYDEVELOPMENT, THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, HEREBY APPROVES THISAMENDED FINAL PLAT THIS ___ DAY OF __________, A.D. 2022, FOR FILING WITH THE CLERK AND RECORDER OF GARFIELDCOUNTY AND FOR CONVEYANCE TO THE COUNTY OF THE PUBLIC DEDICATIONS SHOWN HEREON, SUBJECT TO THEPROVISIONS THAT APPROVAL IN NO WAY OBLIGATES GARFIELD COUNTY FOR THE FINANCING OR CONSTRUCTION OFIMPROVEMENTS ON LANDS, PUBLIC ROADS, HIGHWAYS OR EASEMENTS DEDICATED TO THE PUBLIC, EXCEPT ASSPECIFICALLY AGREED TO BY THE BOARD OF COUNTY COMMISSIONERS BY SUBSEQUENT RESOLUTION. THIS APPROVALSHALL 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 COMMISSIONERSGARFIELD COUNTY, COLORADOWITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD.ATTEST: ___________________________________COUNTY CLERKCERTIFICATE OF TAXES PAIDI, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES ANDASSESSMENTS DUE AND PAYABLE AS OF ________________, UPON ALL PARCELS OF REALESTATE DESCRIBED ON THIS PLAT ARE PAID IN FULL.DATED THIS ___ DAY OF _______________, A.D., 2022. _____________________________________TREASURER OF GARFIELD COUNTYCLERK 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 ___M., ON THIS ______ DAY OF _______________, A.D., 2022, AND IS DULY RECORDED AS RECEPTION NO._______________._______________________________________CLERK & RECORDERCOUNTY SURVEYOR'S CERTIFICATE:APPROVAL 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., 2022._______________________________________GARFIELD COUNTY SURVEYORCERTIFICATE OF DEDICATION AND OWNERSHIP PARSA PARCEL:THE UNDERSIGNED ______________________, BEING SOLE OWNER(S) IN FEESIMPLE OF ALL THAT REAL PROPERTY SITUATED IN GARFIELD COUNTY,DESCRIBED AS FOLLOWS:PARCEL 1 - PARSA PARCELA TRACT OF LAND SITUATED IN SW1/4NE1/4 & NW1/4SE1/4 OF SECTION 23,TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN,GARFIELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED ASFOLLOWS:COMMENCING AT THE CENTER QUARTER OF SECTION 23, A STANDARD B.L.M.ALUMINUM CAP ON A 2.5” ALUMINUM PIPE DATED 1986, THENCE S89°49'42”WALONG THE CENTER LINE OF SAID SECTION A DISTANCE OF 1236.81' TO THECENTER EAST 1/16 OF SECTION 23, A STANDARD B.L.M. ALUMINUM CAP ON A2.5” ALUMINUM PIPE DATED 1986, BEING THE TRUE POINT OF BEGINNING;THENCE S89°49'44”W A DISTANCE OF 190.88'. THENCE S00°10'18”E A DISTANCE OF8.55'; THENCE S88°52'49”W A DISTANCE OF 327.82'; THENCE N11°56'56”W ADISTANCE OF 14.28'; THENCE S89°49'44”W A DISTANCE OF 303.83'; THENCEN00°21'49”E A DISTANCE OF 459.52'; THENCE N81°36'29”E A DISTANCE OF 850.86'.THENCE S01°53'57”W A DISTANCE OF 581.54' TO THE POINT OF BEGINNING.HAVE CAUSED THE DESCRIBED REAL PROPERTY TO BE SURVEYED, LAID OUT,PLATTED AND SUBDIVIDED INTO LOTS AND BLOCKS AS SHOWN ON THISEXEMPTION PLAT. THE OWNER(S) DO(ES) HEREBY DEDICATE AND SET APARTALL OF THE STREETS AND ROADS AS SHOWN ON THE ACCOMPANYING PLAT TOTHE USE OF THE PUBLIC FOREVER, AND HEREBY DEDICATE(S) TO THE PUBLICUTILITIES THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED ASUTILITY EASEMENTS ON THE ACCOMPANYING PLAT AS PERPETUALEASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES,IRRIGATION AND DRAINAGE FACILITIES INCLUDING, BUT NOT LIMITED TO,ELECTRIC LINES, GAS LINES AND TELEPHONE LINES, TOGETHER WITH THERIGHT TO TRIM INTERFERING TREES AND BRUSH, WITH PERPETUAL RIGHT OFINGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH LINES.SUCH EASEMENT AND RIGHTS SHALL BE UTILIZED IN A REASONABLE ANDPRUDENT MANNER. ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTSSHALL BE FURNISHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTYOF GARFIELD.EXECUTED THIS____DAY OF________________, A.D., 2022 .OWNER(S)______________________________________________________________________________________ ADDRESS: _______________________________________________________STATE OF COLORADO)COUNTY OF GARFIELD)THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WASACKNOWLEDGED BEFORE ME THIS _____ DAY OF _______________, A.D., 2022 BY_________________________.MY COMMISSION EXPIRES: _________________________WITNESS MY HAND AND OFFICIAL SEAL.___________________________________NOTARY PUBLICTITLE CERTIFICATEI, _________________, AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF COLORADO, OR AGENT AUTHORIZEDBY A TITLE INSURANCE COMPANY, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPONTHIS PLAT AND THAT TITLE TO SUCH LANDS IS VESTED IN THOMPSON FAMILY TRUST - MICHAEL J & SUSAN, FREE ANDCLEAR 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:____________________________________________________________________________________________________________________________________________________________________.DATED THIS ___ DAY OF ________________, A.D., 2022.TITLE COMPANY:________________________________________________________________________AGENTOR____________________________________ATTORNEYCOLORADO ATTORNEY REGISTRATION NO. _____CURVE TABLECURVE NO.C1C2C3C4C5ARC LENGTH116.19'44.35'73.59'115.34'184.00'RADIUS188.71'75.49'75.49'169.65'299.91'DELTA ANGLE35°16'35"33°39'49"55°51'21"38°57'11"35°09'09"CHORD BEARINGS56°58'54"WN88°18'28"WN43°50'22"WN03°43'37"EN05°37'39"ECHORD LENGTH114.36'43.72'70.71'113.13'181.13'COUNTY REVIEWCERTIFICATE OF DEDICATION AND OWNERSHIP THOMPSONPARCEL:THE UNDERSIGNED ______________________, BEING SOLE OWNER IN FEE SIMPLEOF ALL THAT REAL PROPERTY BEING MORE PARTICULARLY DESCRIBED ASFOLLOWS:PARCEL 2 - THOMPSON PARCELA TRACT OF LAND SITUATED IN NW1/4SE1/4 OF SECTION 23, TOWNSHIP 7 SOUTH,RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, GARFIELD COUNTY,COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCING AT THE CENTER QUARTER OF SECTION 23, A STANDARD B.L.M.ALUMINUM CAP ON A 2.5” ALUMINUM PIPE DATED 1986, THENCE S89°49'42”WALONG THE CENTER LINE OF SAID SECTION A DISTANCE OF 1236.81' TO THECENTER EAST 1/16 OF SECTION 23, A STANDARD B.L.M. ALUMINUM CAP ON A2.5” ALUMINUM PIPE DATED 1986, BEING THE TRUE POINT OF BEGINNING.THENCE S01°14'49'E A DISTANCE OF 347.91'; THENCE S39°20'38”W A DISTANCE OF128.42'; THENCE 116.19' ALONG THE ARC OF A CURVE TO THE RIGHT HAVINGTHE CENTRAL ANGLE 35°16'35” AND A RADIUS OF 188.71', THE CHORD OF WHICHBEARS S56°58'54”W A DISTANCE OF 114.36; THENCE S74°37'10”W A DISTANCE OF336.82'; THENCE 44.35' ALONG THE ARC OF A CURVE TO THE RIGHT HAVING THECENTRAL ANGLE 33°39'49” AND A RADIUS OF 75.49', THE CHORD OF WHICHBEARS N88°18'28”W A DISTANCE OF 43.72'; THENCE CONTINUING 73.59' ALONGTHE ARC OF A CURVE TO THE RIGHT HAVING THE CENTRAL ANGLE 55°51'21”AND A RADIUS OF 75.49', THE CHORD OF WHICH BEARS N43°50'22”W A DISTANCEOF 70.71'; THENCE N15°45'00”W A DISTANCE OF 36.44'; THENCE 115.34' ALONG THEARC OF A CURVE TO THE RIGHT HAVING THE CENTRAL ANGLE 38°57'11” AND ARADIUS OF 169.65', THE CHORD OF WHICH BEARS N03°43'37”E A DISTANCE OF113.13'; THENCE N23°12'14”E A DISTANCE OF 163.52'; THENCE 184.00' ALONG THEARC OF A CURVE TO THE LEFT HAVING THE CENTRAL ANGLE 35°09'09” AND ARADIUS OF 299.91', THE CHORD OF WHICH BEARS N05°37'39”E A DISTANCE OF181.13'; THENCE N11°56'56”W A DISTANCE OF 53.62'; THENCE N88°52'49”E ADISTANCE OF 327.82'; THENCE N00°10'18”W A DISTANCE OF 8.55'; THENCEN89°49'44"E A DISTANCE OF 190.88' TO THE POINT OF BEGINNING.HAVE CAUSED THE DESCRIBED REAL PROPERTY TO BE SURVEYED, LAID OUT,PLATTED AND SUBDIVIDED INTO LOTS AND BLOCKS AS SHOWN ON THISEXEMPTION PLAT. THE OWNER(S) DO(ES) HEREBY DEDICATE AND SET APARTALL OF THE STREETS AND ROADS AS SHOWN ON THE ACCOMPANYING PLAT TOTHE USE OF THE PUBLIC FOREVER, AND HEREBY DEDICATE(S) TO THE PUBLICUTILITIES THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED ASUTILITY EASEMENTS ON THE ACCOMPANYING PLAT AS PERPETUALEASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES,IRRIGATION AND DRAINAGE FACILITIES INCLUDING, BUT NOT LIMITED TO,ELECTRIC LINES, GAS LINES AND TELEPHONE LINES, TOGETHER WITH THERIGHT TO TRIM INTERFERING TREES AND BRUSH, WITH PERPETUAL RIGHT OFINGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH LINES.SUCH EASEMENT AND RIGHTS SHALL BE UTILIZED IN A REASONABLE ANDPRUDENT MANNER. ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTSSHALL BE FURNISHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTYOF GARFIELD.EXECUTED THIS____DAY OF________________, A.D., 2022 .OWNER(S)______________________________________________________________________________________ ADDRESS: _______________________________________________________STATE OF COLORADO)COUNTY OF GARFIELD)THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WASACKNOWLEDGED BEFORE ME THIS _____ DAY OF _______________, A.D., 2022 BY_________________________.MY COMMISSION EXPIRES: _________________________WITNESS MY HAND AND OFFICIAL SEAL.___________________________________NOTARY PUBLICNORTHL4L5L6N00°10'18"WN11°56'56"WN11°56'56"W8.55'53.62'14.28'LINE TABLELINE NO.L1L2L3BEARINGS39°20'38"WN15°45'00"WN11°56'56"WDISTANCE128.42'36.44'67.89'
_______________________________________, as the Beneficiary under a Deed of Trust granted
by the Owner(s) of the Thompson Parcel platted and divided as shown upon the Exemption Plat
recorded at Reception No. ___________________ (the “Exemption Plat”), certifies that the
undersigned has reviewed the Exemption Plat and by this certification hereby joins in and consents
to said Subdivision Exemption Plat and to the recording thereof. Beneficiary agrees that any
foreclosure of said Deed of Trust shall not adversely affect the existence and continued validity of
the Exemption Plat, which shall run with the land and remain in full force and effect as if this
Exemption Plat had been delivered and recorded prior to the recording of said Deed of Trust.
Without limiting the generality of the foregoing, the public right(s)-of-way depicted on the
Exemption Plat, if any, are dedicated by the Owner(s) on the Exemption Plat, free and clear of any
interest in the Beneficiary. Notwithstanding such consent and subordination and release as to
public rights-of-way, said real property, other than the public right(s)-of-way dedicated hereon, if
any, shall continue to be encumbered by the Deed of Trust unless released in accordance with law.
EXECUTED this ____ day of _______________, A.D., 20__.
Lienholder
STATE OF _______________)
: ss
COUNTY OF_____________)
The foregoing Lienholder Consent, Subordination, and Release as to Public Rights-of-Way was
acknowledged before me this ____ day of _________________, A.D., 20__, by
.
My commission expires: .
Witness my hand and official seal.
(SEAL)
Notary Public