HomeMy WebLinkAbout1.00 General Application Materials
345 COLORADO AVE. SUITE 106 | CARBONDALE, COLORADO 81623 | 970.379.4155
Page 1 of 3
March 8, 2023
Glenn Hartmann, Community Development Director
Garfield County
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Via email: ghartmann@garfield‐county.com
RE: Amended Final Plat; 5763 County Road 100, Garfield County Parcel No. 239119400139
Dear Glenn,
We represent Jay and Ann Halliday located at 5763 County Road 100 in matters related to the approved
Subdivision Exemption for their property and this filing of an Amended Final Plat application. The
property consists of 21.234 acres and is zoned Rural. Existing improvements include a 2031 sq ft single
family dwelling unit, an approximately 1000 sq ft Accessory Dwelling Unit above a garage, three (3)
accessory structures, an OWTS and a permitted well. Access to the property is located off County Road
100 on the eastern portion of the property. All current uses are conforming.
Property History
The prior owner, Mr. Frank Pennig, was granted approval of a Subdivision Exemption via Resolution 78‐
36, attached as Exhibit F, which allowed for the division of the property into two (2) 10‐acre tracts, more
or less. At the time of the Subdivision Exemption approval in 1978 the property was 19.966 acres. In
1983, a boundary dispute with an adjacent owner resulted in a Court stipulation, attached as Exhibit G,
which added 1.268 acres to the northeast portion of the property, thereby increasing the size of the
property to 21.234 acres.
When the Hallidays purchased the property in 1984, they did so with two separate deeds, each
representing about half of the 21.234 acres. These deeds were prepared based on the 1978 Subdivision
Exemption approval and the 1983 Court stipulation. The deeds were recorded at Reception Nos. 353712
(Book 652 Page 381) and 353713 (Book 652 Page 383) and are graphically illustrated on the Amended
Final Plat, attached as Exhibit E. However, the property is still identified as one contiguous parcel per the
Assessor.
Proposed Amended Final Plat
The Hallidays intend to record the property as two parcels as approved by Subdivision Exemption
Resolution No. 78‐36, while incorporating the additional acreage granted by the 1983 Court stipulation.
345 COLORADO AVE. SUITE 106 | CARBONDALE, COLORADO 81623 | 970.379.4155
Page 2 of 3
Parcel 1 will consist of 10.702 acres and Parcel 2 will consist of 10.532 acres, as shown on the Amended
Final Plat in Exhibit E. The boundary line between the two parcels represents the location of an existing
fence line and is therefore a logical alignment of the boundary between Parcel 1 and Parcel 2. All
existing improvements as described above are fully located within Parcel 2. At the time of recording the
Amended Final Plat, the Owners will create new deeds based on the legal descriptions of Parcel 1 and
Parcel 2 as shown.
Application Contents
This Application includes all necessary submittal materials as required by LUDC Article 5‐305 Amended
Final Plat, 4‐203.B & C General Application Materials and Vicinity Map, and 5‐402.F Final Plat. A
Subdivision Improvements Agreement (SIA) is not necessary as the property is currently served by
adequate access and utilities. The future access driveway for Parcel 1 will be addressed at the time of
building permit for that parcel. Codes, Covenants and Restrictions are also unnecessary as the Owner
does not wish to impose private covenants on the Parcels. Please note that proof of a domestic water
source is not required per Resolution No. 78‐36. The following table demonstrates the items required
and necessary for this review.
LUDC Exhibit Description
Article 4‐203
LTR Project Description (Cover Letter)
A Application Form & Consent Letter
B Evidence of Ownership (Title Commitment)
C Adjacent Property Owners & Mineral Owners and Lessees
D Vicinity Map
Article 5‐402 E Amended Final Plat
Other
F Subdivision Exemption Resolution 78‐36
G Civil Action No. 82
345 COLORADO AVE. SUITE 106 | CARBONDALE, COLORADO 81623 | 970.379.4155
Page 3 of 3
We appreciate your review of this application for an Amended Final Plat. Thank you in advance for your
time, and please reach out with any questions.
Sincerely,
LANDWEST
Jon Fredericks
Principal
cc: Jay & Ann Halliday, Owners
Jody Edwards, Klein Coté Edwards Citron LLC
Rodney Kiser, True North Colorado
att: Exhibit A: Application Form & Consent Letter
Exhibit B: Title Commitment
Exhibit C: Adjacent Property Owners & Mineral Owners and Lessees
Exhibit D: Vicinity Map
Exhibit E: Amended Final Plat
Exhibit F: Subdivision Exemption Resolution 78‐36
Exhibit G: Civil Action No. 82
711 E. Valley Rd, Unit 201B
Basalt, CO 81621
Phone: 970-366-4111 Fax: 970-672-1576
www.titlecorockies.com
COMMITMENT TRANSMITTAL
Commitment Ordered By:
Jody Edwards
Klein, Cote & Edwards, LLC
101 S. Mill Street
Ste. 200
Aspen, CO 81611
Phone: 970-925-8700 Fax: 970-925-3977
email: jee@kcelaw.net
Inquiries should be directed to:
Authorized Officer or Agent
Title Company of the Rockies
711 E. Valley Rd, Unit 201B
Basalt, CO 81621
Phone: 970-366-4111 Fax: 970-672-1576
Commitment Number:7002277-C
Buyer's Name(s):Purchaser with contractual rights under a purchaser agreement with the vested owner
identified at item 4 below
Seller's Name(s):Jay F. Halliday and Ann M. Halliday
Property:5763 100 County Road, Carbondale, CO 81623
Section: 19 Township: 7 Range: 87, A TR in E2SW & W2SE lying Wly of the Co. Rd. 100 ,
County of Garfield, State of Colorado.
COPIES / MAILING LIST
Purchaser with contractual rights under a purchaser agreement
with the vested owner identified at item 4 below
Jay F. Halliday and Ann M. Halliday
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.
Service Beyond Expectation in Colorado for: Eagle, Garfield, Grand, Pitkin and Summit Counties. (Limited Coverage: Jackson, Lake, Park and Routt Counties)
Locations In: Avon/Beaver Creek, Basalt, Breckenridge, Grand Lake and Winter Park. (Closing Services available in Aspen and Glenwood Springs).
Page 1 of 1 June 27, 2023
3:50 PM
711 E. Valley Rd, Unit 201B
Basalt, CO 81621
Phone: 970-366-4111 Fax: 970-672-1576
www.titlecorockies.com
Commitment Ordered By:
Jody Edwards
Klein, Cote & Edwards, LLC
101 S. Mill Street
Ste. 200
Aspen, CO 81611
Phone: 970-925-8700 Fax: 970-925-3977
email: jee@kcelaw.net
Inquiries should be directed to:
Authorized Officer or Agent
Title Company of the Rockies
711 E. Valley Rd, Unit 201B
Basalt, CO 81621
Phone: 970-366-4111 Fax: 970-672-1576
Commitment Number:7002277-C
Buyer's Name(s):Purchaser with contractual rights under a purchaser agreement with the vested owner identified
at item 4 below
Seller's Name(s):Jay F. Halliday and Ann M. Halliday
Property:5763 100 County Road, Carbondale, CO 81623
Section: 19 Township: 7 Range: 87, A TR in E2SW & W2SE lying Wly of the Co. Rd. 100 ,
County of Garfield, State of Colorado.
TITLE CHARGES
These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums
for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges
related thereto.
If applicable, the designation of “Buyer” and “Seller” shown below may be based on traditional settlement practices in Garfield County,
Colorado, and/or certain terms of any contract, or other information provided with the Application for Title Insurance.
Owner’s Policy Premium:
Loan Policy Premium:
Additional Lender Charge(s):
Additional Other Charge(s):
Tax Certificate:
Total Endorsement Charge(s):
TBD Charge(s):
TOTAL CHARGES:
$350.00
$350.00
Service Beyond Expectation in Colorado for: Eagle, Garfield, Grand, Pitkin and Summit Counties. (Limited Coverage: Jackson, Lake, Park and Routt Counties)
Locations In: Avon/Beaver Creek, Basalt, Breckenridge, Grand Lake and Winter Park. (Closing Services available in Aspen and Glenwood Springs).
COMMITMENT FOR TITLE INSURANCE
Issued by
as agent for
Chicago Title Insurance Company
SCHEDULE A
Reference:Commitment Number: 7002277-C
1.Effective Date: June 16, 2023, 7:00 am Issue Date: June 27, 2023
2. Policy (or Policies) to be issued:
ALTA® 2021 Owner's Policy Policy Amount:Amount to be Determined
Premium:Amount to be Determined
Proposed Insured:Purchaser with contractual rights under a purchaser agreement with the
vested owner identified at item 4 below
3.The estate or interest in the Land at the Commitment Date is Fee Simple .
4. The Title is, at the Commitment Date, vested in:
Jay F. Halliday and Ann M. Halliday
5. The Land is described as follows:
FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE
For Informational Purposes Only - APN: 239119400139 / R111506
Countersigned
Title Company of the Rockies, LLC
By:
Staci Stamps
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule
B, Part II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule B - Part II
Page 1
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 7002277-C
SCHEDULE A (continued)
LEGAL DESCRIPTION
The Land referred to herein is located in the County of Garfield, State of Colorado, and described as follows:
A parcel of land located in Section 19, Township 7 South, Range 87 West of the 6th P.M., Garfield
County, Colorado. Said Parcel of land is more particularly described as follows:
Beginning at the South Quarter Corner of said Section 19;
thence N. 41°23'40" E. 439.42 feet;
thence N. 69°45'00"W. 584.50 feet;
thence N. 00°54'26" E. 2122.60 feet;
thence S. 87°10'48" E. 646.96 feet to the True Point of Beginning from which the South Quarter Corner
of said Section 19 bears S. 09°08'28" W. 2656.18 feet distant;
thence N. 74°10'39" E. 28.03 feet;
thence N. 81°15'02" E. 503.34 feet;
thence S. 87°10'48" E. 273.05 feet to a point on the Westerly right of way of County Road 100;
Thence along said right of way the following courses and distances:
1) 74.48 feet on the arc of a curve to the right having a radius of 437.86 feet, the chord of which bears S.
36°43'40" W. 74.39 feet;
2) S. 41°45'59" W. 61.94 feet;
3) S. 09°50'59" W. 70.57 feet;
4) 148.37 feet on the arc of a curve to the left having a radius of 1004.28 feet; the chord of which bears S
14°31'46" W. 148.24 feet; thence S. 01°23'06" E. 409.50 feet;
thence leaving said Westerly right of way N. 90°00'00" W., a distance of 682.52 feet;
thence N. 00°54'38" E. 657.54 feet to the True Point of Beginning.
For each policy to be issued as identified in Schedule A, Item 2, the Company shall not be
liable under this commitment until it receives a specific designation of a Proposed Insured,
and has revised this commitment identifying that Proposed Insured by name. As provided in
This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Chicago
Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; 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 2021 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.
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 7002277-C
Commitment Condition 4, the Company may amend this commitment to add, among other
things, additional exceptions or requirements after the designation of the Proposed Insured.
COMMITMENT FOR TITLE INSURANCE
Issued by
Chicago Title Insurance Company
SCHEDULE B, PART I
Requirements
The following are the requirements to be compiled with prior to the issuance of said policy or policies.
Any other instrument recorded subsequent to the effective date hereof may appear as an exception under
Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the
office of the clerk and recorded of the county in which said property is located.
All of the following Requirements must be met:
1. The Proposed Insured must notify the Company in writing of the name of any party not referred
to in this Commitment who will obtain an interest in the Land or who will make a loan on the
Land. The Company may then make additional Requirements or Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company.
4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be
insured, or both, must be properly authorized, executed, delivered, and recorded in the Public
Records.
Release by the Public Trustee of Garfield County of the Deed of Trust from Jay F. Halliday and5.
Ann M. Halliday for the use of Wells Fargo Bank, N.A., to secure $100,000.00, dated October 1,
2023, and recorded November 13, 2003 as Reception No. 640728.
NOTE: Affidavit of correction recorded February 12, 2013 as Reception No. 831623.
NOTE: The above Deed of Trust secures a revolving line of credit, as such it must be released in
its entirety and the account closed.
This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Chicago
Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; 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 2021 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.
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 7002277-C
Release by the Public Trustee of Garfield County of the Deed of Trust from Jay F. Halliday and6.
Ann M. Halliday for the use of Wells Fargo Bank, N.A., to secure $224,433.66, dated January
29, 2016, and recorded February 10, 2016 as Reception No. 873522.
NOTE: Subordination Agreement recorded February 10, 2016 as Reception No. 873523, given in
connection with the above Deed of Trust.
A satisfactory Land Survey Plat, Improvement Survey Plat or ALTA Land Title Survey must be7.
furnished to the company. Exception will be taken to any and all adverse matters disclosed
thereby.
Deed from Jay F. Halliday and Ann M. Halliday to Purchaser with contractual rights under a8.
purchaser agreement with the vested owner identified at item 4 below.
NOTE: Duly executed real property transfer declaration, executed by either the Grantor or
Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No.
1288-CRA 39-14-102.
The Owner's Policy, when issued, will not contain Exceptions No. 1, 2, 3 and 4, provided that:
(A) The enclosed form of indemnity agreement or final affidavit and agreement is
properly executed and acknowledged by the party(ies) indicated and returned to the
Company or its duly authorized agent,
(B) The Company or its duly authorized agent receives and approves a Land Survey Plat,
Improvement Survey Plat or ALTA survey properly certified by a registered surveyor or
engineer, and
(C) Applicable scheduled charges in the amount of $TBD are paid to the Company or its
duly authorized agent.
NOTE: EXCEPTION NO. 5 UNDER SCHEDULE B, SECTION 2 OF THIS COMMITMENT
WILL NOT APPEAR IN THE POLICY OR POLICIES TO BE ISSUED PURSUANT HERETO,
PROVIDED THAT (A) THE DOCUMENTS CONTEMPLATED BY THE REQUIREMENTS
SET FORTH IN SCHEDULE B, SECTION 1 OF THIS COMMITMENT ARE SUBMITTED TO
AND APPROVED AND RECORDED BY THE COMPANY OR ITS DULY AUTHORIZED
AGENT, AND (B) AN EXAMINATION OF THE RECORDS IN THE OFFICE OF THE CLERK
AND RECORDER FOR GARFIELD COUNTY, COLORADO BY THE COMPANY OR ITS
DULY AUTHORIZED AGENT DISCLOSES THAT NO DEFECTS, LIENS,
ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS HAVE BEEN RECORDED
This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Chicago
Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; 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 2021 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.
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 7002277-C
IN SUCH RECORDS SUBSEQUENT TO THE EFFECTIVE DATE HEREOF.
THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF
THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GARFIELD
COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR
DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES,
AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY,
AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO
THE COMPANY.
NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND
UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL
BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR
NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES
UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND
SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF
INSURANCE.
This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Chicago
Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; 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 2021 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.
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 7002277-C
SCHEDULE B, PART II
Exceptions
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable
by law. This Commitment and the Policy treat any Discriminatory Covenant in a document
referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed,
and not republished or recirculated. Only the remaining provisions of the document will be
excepted from coverage.
The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or
easement identified in Schedule A, and will include the following Exceptions unless cleared to the
satisfaction of the Company:
Any facts, right, interests, or claims which are not shown by the Public Records but which could1.
be ascertained by an inspection of said Land or by making inquiry of persons in possession
thereof.
Easements or claims of easements, not shown by the Public Records.2.
Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the3.
Title that would be disclosed by an accurate and complete land survey of the Land.
4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished,
imposed by law and not shown by the Public Records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in
the Public Records or attaching subsequent to the effective date hereof, but prior to the date of
the proposed insured acquires of record for value the estate or interest or mortgage thereon
covered by this Commitment.
6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the Public Records; (b)
proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same7.
be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent
recorded April 17, 1909 in Book 71 at Page 368 as Reception No. 36926.
This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Chicago
Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; 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 2021 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.
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 7002277-C
Right of way for ditches or canals constructed by the authority of the United States, as reserved in8.
United States Patent recorded April 17, 1909 in Book 71 at Page 368 as Reception No. 36926 and
on April 4, 1917 in Book 92 at Page 364 as Reception No. 56824.
Right of proprietor of a vein or lode to extract and remove his ore therefrom, should the same be9.
found to penetrate or intersect the premises hereby granted, as reserved in United States Patent
recorded February 14, 1898 in Book 12 at Page 472 as Reception No. 20723.
Right of way for ditches and canals constructed by the authority of the United States, as reserved10.
in the United States Patent recorded February 14, 1898 in Book 12 at Page 472 as Reception
20723.
Reservation of an undivided one-half of all oil, gas and other minerals and mineral rights in, upon11.
and under said real estate as contained in Corporation Special Warranty Deed recorded October
6, 1943 in Book 208 at Page 431 as Reception No. 150079, and any and all assignments of
record, or otherwise, thereof or interest therein.
All coal, asphalt, oil and other minerals, together with a sufficient amount of the surface as may12.
be reasonably necessary for the proper and convenient working and mining of said minerals and
substances, as reserved by the Colorado College in Deed recorded May 6, 1953 as Reception No.
181901.
Undivided one-half interest, in all oil, gas and other mineral rights, as reserved by Fred. R. Jones,13.
Jr. and Mary A. Jones in the Deed to Rimledge Uranium and Mining Corporation recorded July
8, 1963 in Book 351 at Page 350 as Reception No. 222068 and any and all assignments thereof,
or interests therein.
Reservation of an easement 60 feet in width for road and utility purposes described in Warranty14.
Deed recorded December 23, 1965 in Book 372 at Page 133 as Reception No 232878.
Terms, conditions, provisions and obligations contained in the Deed recorded January 17, 1968 in15.
Book 391 at Page 457 as Reception No. 239946.
Terms, conditions, provisions and obligations contained in the Declaration of Protective and16.
Restrictive Covenants recorded September 17, 1976 in Book 488 at Page 681 as Reception No.
274471 and Additions thereto recorded February 22, 1977 in Book 493 at Page 677 as Reception
No. 276956.
Terms, conditions, provisions and obligations contained in the Deed of Easement recorded April17.
14, 1980 in Book 546 at Page 789 as Reception No. 303009.
This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Chicago
Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; 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 2021 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.
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 7002277-C
Terms, conditions, provisions and obligations contained in the Resolution #77-77 recorded18.
August 11, 1994 in Book 912 at Page 68 as Reception No. 467078.
Terms, conditions, provisions and obligations contained in the Easement recorded May 24, 198419.
as Reception No. 352610, and as Reception No. 352611, and in instrument recorded in Book 650
at Page 320 as Reception No. 652611.
This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Chicago
Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; 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 2021 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.
Commitment No: 7002277-C
DISCLOSURE STATEMENTS
Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, requires that
"Every Title entity shall be responsible for all matters which appear of record prior to the time of
recording whenever the Title entity conducts the closing and is responsible for recording or filing of legal
documents resulting from the transaction which was closed.” (Gap Protection)
Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's
Policy to be issued hereunder upon compliance with the following conditions:
The Land described in Schedule A of this commitment must be a single-family residence, which1.
includes a condominium or townhouse unit.
No labor or materials may have been furnished by mechanics or materialmen for purpose of2.
construction on the Land described in Schedule A of this Commitment within the past 13
months.
The Company must receive an appropriate affidavit indemnifying the Company against unfiled3.
mechanic's and materialmen's liens.
Any deviation from conditions A though C above is subject to such additional requirements or4.
Information as the Company may deem necessary, or, at its option, the Company may refuse to
delete the exception.
Payment of the premium for said coverage.5.
Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.:
The subject real property may be located in a special taxing district;(i)
A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County(ii)
Treasurer or the County Treasurer's authorized agent; and
Information regarding special districts and the boundaries of such districts may be obtained from(iii)
the County Commissioners, the County Clerk and Recorder, or the County Assessor.
Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to
comply with the disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident
withholding).
Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given:
(a) If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed
from the surface estate then there is a substantial likelihood that a third party holds some or all
interest in oil, gas, other minerals, or geothermal energy in the property, and
(b) That such mineral estate may include the right to enter and use the property without the surface
owner's permission.
Note 6: Effective September 1, 1997, C.R.S. §30-10-406 requires that all documents received for
recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a
left, right and bottom margin of at least one-half inch the clerk and recorder may refuse to record or file
any document that does not conform.
Note 7: Our Privacy Policy:
We will not reveal nonpublic personal customer information to any external non-affiliated organization
unless we have been authorized by the customer, or are required by law.
Note 8: Records:
Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and
Page 9
Commitment No: 7002277-C
records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes
for a period of not less than seven (7) years, except as otherwise permitted by law.
Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that “A title entity shall not earn
interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest
is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest
earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure
must be clear and conspicuous, and may be made at any time up to and including closing.”
Be advised that the closing agent will or could charge an Administrative Fee for processing such an
additional services request and any resulting payee will also be subjected to a W-9 or other required tax
documentation for such purpose(s).
Be further advised that, for many transactions, the imposed Administrative Fee associated with such an
additional service may exceed any such interest earned.
Therefore, you may have the right to some of the interest earned over and above the Administrative Fee,
if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned).
Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that “Until a title entity
receives written instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title
entity, it shall comply with the following:
The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them1.
in a fiduciary capacity.
The title entity shall use any funds designated as “earnest money ” for the consummation of the2.
transaction as evidenced by the contract to buy and sell real estate applicable to said transaction,
except as otherwise provided in this section. If the transaction does not close, the title entity
shall:
Release the earnest money funds as directed by written instructions signed by both the buyer(a)
and seller; or
If acceptable written instructions are not received, uncontested funds shall be held by the title(b)
entity for 180 days from the scheduled date of closing, after which the title entity shall return
said funds to the payor.
In the event of any controversy regarding the funds held by the title entity (notwithstanding any3.
termination of the contract), the title entity shall not be required to take any action unless and
until such controversy is resolved. At its option and discretion, the title entity may:
Await any proceeding; or(a)
Interplead all parties and deposit such funds into a court of competent jurisdiction, and(b)
recover court costs and reasonable attorney and legal fees; or
Deliver written notice to the buyer and seller that unless the title entity receives a copy of a(c)
summons and complaint or claim (between buyer and seller), containing the case number of
the lawsuit or lawsuits, within 120 days of the title entity's written notice delivered to the
parties, title entity shall return the funds to the depositing party.”
Page 10
Commitment No: 7002277-C
DISCLOSURE STATEMENT
· Pursuant to Section 38-35-125 of Colorado Revised Statutes and Colorado Division of Insurance Regulation 8-1-2
(Section 5), if the parties to the subject transaction request us to provide escrow-settlement and disbursement services to
facilitate the closing of the transaction, then all funds submitted for disbursement must be available for immediate
withdrawal.
· Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph H, requires that "Every title insurance company
shall be responsible to the proposed insured(s) subject to the terms and conditions of the title insurance commitment,
other than the effective date of the title insurance commitment, for all matters which appear of record prior to the time of
recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in
conjunction with its issuance of an owners policy of title insurance and is responsible for the recording and filing of legal
documents resulting from the transaction which was closed". Provided that Title Company of the Rockies, LLC conducts
the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception
No. 5 in Schedule B-2 will not appear in the Owner's Title Policy and Lender's Title Policy when issued.
· Colorado Division of Insurance Regulation 8-1-2, Paragraph M of Section 5, requires that prospective insured(s) of a
single family residence be notified in writing that the standard exception from coverage for unfiled Mechanics or
Materialmans Liens may or may not be deleted upon the satisfaction of the requirement(s) pertinent to the transaction.
These requirements will be addressed upon receipt of a written request to provide said coverage, or if the Purchase and
Sale Agreement/Contract is provided to the Company then the necessary requirements will be reflected on the
commitment.
· Colorado Division of Insurance Regulation 8-1-3, Paragraph C. 11.f. of Section 5 - requires a title insurance company to
make the following notice to the consumer: “A closing protection letter is available to be issued to lenders, buyers and
sellers”
· If the sales price of the subject property exceeds $100,000.00 the seller shall be required to comply with the Disclosure
of Withholding Provisions of C.R.S. 39-22-604.5 (Nonresident Withholding).
· Section 39-14-102 of Colorado Revised Statutes requires that a Real Property Transfer Declaration accompany any
conveyance document presented for recordation in the State of Colorado. Said Declaration shall be completed and signed
by either the grantor or grantee.
· Recording statutes contained in Section 30-10-406(3)(a) of the Colorado Revised Statutes require 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 a document
that does not conform to requirements of this paragraph.
· Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address,
(not necessarily the same as the property address) be included on the face of the deed to be recorded.
· Regulations of County Clerk and Recorder's offices require that all documents submitted for recording must contain a
return address on the front page of every document being recorded.
· Pursuant to Section 10-11-122 of the Colorado Revised Statutes, 1987 the Company is required to disclose the
following information:
Page 11
Commitment No: 7002277-C
o The subject property may be located in a special taxing district.
o A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County
Treasurer or the County Treasurer's authorized agent.
o 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.
· Pursuant to Section 10-11-123 of the Colorado Revised Statutes, when it is determined that a mineral
estate has been severed from the surface estate, the Company is required to disclose the following
information: that there is recorded evidence that a mineral estate has been severed, leased, or otherwise
conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or
all interest in oil, gas, other minerals, or geothermal energy in the property; and that such mineral estate
may include the right to enter and use the property without the surface owner's permission.
Note: Notwithstanding anything to the contrary in this Commitment, if the policy to be issued is other
than an ALTA Owner's Policy (6/17/06), the policy may not contain an arbitration clause, or the terms of
the arbitration clause may be different from those set forth in this Commitment. If the policy does contain
an arbitration clause, and the Amount of Insurance is less than the amount, if any, set forth in the
arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the
Insured as the exclusive remedy of the parties.
Page 12
ALTA COMMITMENT FOR TITLE INSURANCE
issued by
CHICAGO 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,
Chicago Title Insurance Company, a Florida 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 Amount of Insurance and the name of the Proposed Insured.
If all of the Schedule B, Part I—Requirements have not been met within 180 days after the Commitment Date, this
Commitment terminates and the Company’s liability and obligation end.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment
is not valid without the Notice; the Commitment to Issue Policy; 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 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
COMMITMENT CONDITIONS
DEFINITIONS1.
a.“Discriminatory Covenant ”: Any covenant, condition, restriction, or limitation that is unenforceable under
applicable law because it illegally discriminates against a class of individuals based on personal characteristics
such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or
other legally protected class.
b.“Knowledge” or “Known”: Actual knowledge or actual notice, but not constructive notice imparted by the
Public Records.
c.“Land”: The land described in Item 5 of Schedule A and improvements located on that land that by State law
constitute real property. The term “Land” does not include any property beyond that described in Schedule A,
nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way,
body of water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is
to be insured by the Policy.
d.“Mortgage”: A mortgage, deed of trust, trust deed, security deed, or other real property security instrument,
including one evidenced by electronic means authorized by law.
e.“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.
f.“Proposed Amount of Insurance ”: Each dollar amount specified in Schedule A as the Proposed Amount of
Insurance of each Policy to be issued pursuant to this Commitment.
g.“Proposed Insured ”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued
pursuant to this Commitment.
h.“Public Records ”: The recording or filing system established under State statutes in effect at the Commitment
Date under which a document must be recorded or filed to impart constructive notice of matters relating to the
Title to a purchaser for value without Knowledge. The term “Public Records ” does not include any other
recording or filing system, including any pertaining to environmental remediation or protection, planning,
permitting, zoning, licensing, building, health, public safety, or national security matters.
i.“State”: The state or commonwealth of the United States within whose exterior boundaries the Land is located.
The term “State” also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin
Islands, and Guam.
j.“Title”: The estate or interest in the Land identified in Item 3 of Schedule A.
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, this 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:
a. the Notice;
b. the Commitment to Issue Policy;
c. the Commitment Conditions;
d. Schedule A;
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Chicago 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.
72C170B ALTA Commitment for Title Insurance (7-1-21)
Copyright 2021 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.
e. Schedule B, Part I—Requirements; and
f. Schedule B, Part II—Exceptions; and
g. a counter-signature by the Company or its issuing agent that may be in electronic form.
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 is not liable for any other amendment
to this Commitment.
5.LIMITATIONS OF LIABILITY
a. 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:
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.
b. The Company is not 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.
c. The Company is only liable 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.
d. The Company’s liability does not exceed the lesser of the Proposed Insured ’s actual expense incurred in good
faith and described in Commitment Condition 5.a. or the Proposed Amount of Insurance.
e. The Company is not liable for the content of the Transaction Identification Data, if any.
f. The Company is not 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.
g. The Company’s liability is further limited by the terms and provisions of the Policy to be issued to the Proposed
Insured.
6.LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND
CHOICE OF FORUM
a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this
Commitment.
b. Any claim must be based in contract under the State law of the State where the Land is located and is restricted
to the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed
Insured against the Company must be filed only in a State or federal court having jurisdiction.
c. 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.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Chicago 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.
72C170B ALTA Commitment for Title Insurance (7-1-21)
Copyright 2021 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.
d. 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.
e. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the
Company.
f. 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.
7.IF THIS COMMITMENT IS 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 closing, settlement, escrow, or any other purpose.
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.CLAIMS PROCEDURES
This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed
Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6.
10.CLASS ACTION
ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY
SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A
COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE
TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO
PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE
PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION
CONDITION.
11.ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is $2,000,000 or less
may be arbitrated at the election 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.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Chicago 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.
72C170B ALTA Commitment for Title Insurance (7-1-21)
Copyright 2021 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.
Parcel Physical Address Owner Account No.Mailing Address
239117303010 102 COUNTY RD CARBONDALE LAUGHING STOCK LLLP R083263 393 COUNTY ROAD 102 CARBONDALE, CO 81623
239118300162 6059 100 COUNTY RD CARBONDALE MCELNEA QTIP TRUST R111647 6059 COUNTY ROAD 100 CARBONDALE, CO 81623
239119300046 5325 100 COUNTY RD CARBONDALE FLYNN, PATRICK M & AMI M R011206 5325 COUNTY ROAD 100 CARBONDALE, CO 81623
239119300047 5333 100 COUNTY RD CARBONDALE LASSITER, DOUGLAS R011204 5333 COUNTY ROAD 100 CARBONDALE, CO 81623
239119400051 Not available CARBONDALE DOPKIN, HARLAN R011431 7709 WINTERBERRY PLACE BETHESDA, MD 20817
239119400200 5644 100 COUNTY RD CARBONDALE ROXYS RED BARN LLC R111922 PO BOX 5085 SANTA BARBARA, CA 93150
239119400207 5655 100 COUNTY RD CARBONDALE DONLAN, ROBERT E JR & SUSAN H R111959 5655 COUNTY ROAD 100 CARBONDALE, CO 81623
ADJACENT PROPERTY OWNERS
EXHIBIT C
HERBERT S. KLEIN PC* hsk@kceclaw.com 101 SOUTH MILL STREET
LANCE R. COTÉ, PC** cote@kceclaw.com SUITE 200
JOSEPH E. EDWARDS, III, PC jee@kceclaw.com ASPEN, COLORADO 81611
KENNETH E. CITRON, PC*** kcitron@kceclaw.com TELEPHONE: (970) 925-8700
KRISTEN A. BALCOM**** kbalcom@kceclaw.com www.kceclaw.com
JOHN H. KENEALLY***** jkeneally@kceclaw.com
*also admitted in Hawaii
**of counsel, also admitted in California
***also admitted in New York and Massachusetts
****also admitted in British Columbia, Canada
*****also admitted in New York
February 14, 2024
Glenn Hartmann
Principal Planner
Garfield County Community Development Director
108 Eighth Street, Suite 401
Glenwood Springs, Colorado 81601
Re: Halliday Residence (Parcel No. 239119400139)
Dear Glenn:
I represent Jay F. Halliday and Ann M. Halliday, owners of the property having an
address of 5763 County Road 100, Carbondale, Colorado 81623 with the above Parcel ID No.
(the “Property”) and described in the deed recorded on July 2, 1984, as Reception No. 353713 of
the Garfield County Records. This letter is intended to provide to you a list of the owners of any
subsurface mineral interests. I have reviewed the title exceptions set out in Title Company of the
Rockies Commitment No. 7002277-C (the “Title Commitment”) related to the Property and have
not conducted any additional research concerning the chain of title.
There is only one document of record that created a reserved right in mineral interests
that applies to the Property. It is a Special Warranty Deed dated August 28, 1943, and recorded
in Book 208 at Page 431 as Reception No. 150079 whereby the Property was conveyed from the
Federal Farm Mortgage Corporation (“FFMC”) to Virgil C. Holcomb. In that deed, FFMC
reserved to itself an undivided one-half interest in all oil, gas and other mineral rights in or under
the Property. The FFMC was created by statute in 1934 and abolished by statute on October 4,
1961. See Federal Home Loan Bank Act, 12 U.S.C. §§ 1020 to 1020a-1. Repealed. Pub. L. 87-
353, § 3(a), (v), Oct. 4, 1961, 75 Stat. 773, 774. Pursuant to that statute, any mineral interests
reserved to FFMC and not otherwise disposed of are administered by the Secretary of the
Interior. Consequently, any notice concerning minerals interests should be sent to:
Office of the Secretary
U.S. Department of the Interior
1849 C Street NW
Washington, DC 20240
Glenn Hartmann
February 14, 2024
Page 2
A copy of the deed and the enactment abolishing the FFMC are attached. Please
let me know if you have any questions or need any additional information.
Very truly yours,
KLEIN COTÉ EDWARDS CITRON LLC
By: ________________________________
Joseph E. Edwards, III
Cc: Jay and Ann Halliday
Jon Fredericks
Encl.
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12 USC CHAPTER 7, SUBCHAPTER II-A: FEDERAL FARM MORTGAGE CORPORATION
From Title 12—BANKS AND BANKING
CHAPTER 7—FARM CREDIT ADMINISTRATION
SUBCHAPTER II–A—FEDERAL FARM MORTGAGE CORPORATION
§§1020 to 1020a–1. Repealed. Pub. L. 87–353, §3(a), (v), Oct. 4, 1961, 75 Stat. 773, 774
Section 1020, act Jan. 31, 1934, ch. 7, §1, 48 Stat. 344, provided for establishment of Federal
Farm Mortgage Corporation, and for board of directors, bylaws, regulations and employment of
officers and employees.
Section 1020a, act Jan. 31, 1934, ch. 7, §2, 48 Stat. 345, related to period of succession of Federal
Farm Mortgage Corporation, its powers, free use of mails and use of Government facilities.
Section 1020a–1, act Sept. 21, 1944, ch. 412, title VI, §603, 58 Stat. 741, provided for treatment of
capital investment expenditures as nonadministrative expenses.
STATUTORY NOTES AND RELATED SUBSIDIARIES
ABOLITION OF FEDERAL FARM MORTGAGE CORPORATION
Pub. L. 87–353, §§1, 2, Oct. 4, 1961, 75 Stat. 773, abolished Federal Farm Mortgage Corporation
established by the Act of Jan. 31, 1934, 48 Stat. 344, formerly set out in section 1020 of this title,
terminated all powers and functions of Corporation, transferred all assets owned by Corporation and
all authority of the Corporation relating to collection of notes receivable from Federal land banks to
Secretary of the Treasury, authorized Federal land bank of appropriate district to execute in its own
name or the name of Corporation any instrument necessary to perfect title to real property (other
than reserved mineral interests) which appeared to be in Land Bank Commissioner in a particular
district or Corporation, reserved mineral interests of Corporation which were not disposed of to
United States of America to be administered by Secretary of the Interior, provided that any moneys
collected by Secretary of the Treasury by virtue of act be deposited in general fund of the Treasury
as miscellaneous receipts and further provided that no proceeding commenced by or against the
Corporation would abate as the court on motion filed within twelve months after the date of
enactment of the act (Oct. 4, 1961) could allow the same to be maintained by or against Secretary
of the Treasury.
§§1020a–2, 1020a–3. Omitted
EDITORIAL NOTES
CODIFICATION
Section 1020a–2, act June 4, 1956, ch. 355, title IV, 70 Stat. 239, which related to maximum
amounts available for administrative expenses, was from the Department of Agriculture and Farm
Credit Administration Appropriation Act, 1957, and was not repeated in subsequent appropriation
acts.
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Section 1020a–3, Pub. L. 87–112, title IV, July 26, 1961, 75 Stat. 240, which limited the aggregate
amount of bonds issued and outstanding, was from the Department of Agriculture and Related
Agencies Appropriation Act, 1962, and was not repeated in subsequent appropriations acts.
SIMILAR PROVISIONS
Similar provisions to section 1020a–2 of this title were contained in the following acts:
May 23, 1955, ch. 43, title IV, 69 Stat. 62.
June 29, 1954, ch. 409, title IV, 68 Stat. 317.
July 28, 1953, ch. 251, title II, 67 Stat. 222.
July 5, 1952, ch. 574, title II, 66 Stat. 353.
Aug. 31, 1951, ch. 374, title III, 65 Stat. 245.
Sept. 6, 1950, ch. 896, Ch. VI, title II, 64 Stat. 677.
June 29, 1949, ch. 280, title II, 63 Stat. 346, 347.
Similar provisions to section 1020a–3 of this title were contained in the following acts:
June 29, 1960, Pub. L. 86–532, title III, 74 Stat. 244.
July 8, 1959, Pub. L. 86–80, title III, 73 Stat. 179.
June 13, 1958, Pub. L. 85–459, title III, 72 Stat. 199.
Aug. 2, 1957, Pub. L. 85–118, title IV, 71 Stat. 339.
§§1020b, 1020c. Repealed. Pub. L. 87–353, §3(a), Oct. 4, 1961, 75 Stat. 773
Section 1020b, acts Jan. 31, 1934, ch. 7, §3, 48 Stat. 345; June 25, 1940, ch. 427, §4, 54 Stat. 573;
June 30, 1945, ch. 204, §14, 59 Stat. 269; July 12, 1946, ch. 570, §2, 60 Stat. 532, prescribed the
capital of the Federal Farm Mortgage Corporation to be in the sum of $200,000,000 and provided
for subscription by the United States and repayment by the Corporation.
Section 1020c, acts Jan. 31, 1934, ch. 7, §4(a), 48 Stat. 345; Apr. 27, 1934, ch. 168, §14, 48 Stat.
647, authorized the issuance of bonds not exceeding $2,000,000,000 at any one time and provided
for purchase and sale by United States and exchange of such bonds for consolidated farm loan
bonds.
§1020c–1. Omitted
EDITORIAL NOTES
CODIFICATION
Section, act June 4, 1956, ch. 355, title IV, 70 Stat. 240, which limited the aggregate amount of
bonds issued and outstanding, was from the Department of Agriculture and Farm Credit
Administration Appropriation Act, 1957, and was not repeated in subsequent appropriation acts.
SIMILAR PROVISIONS
Similar provisions to section 1020c–1 of this title were contained in the following acts:
May 23, 1955, ch. 43, title IV, 69 Stat. 62.
June 29, 1954, ch. 409, title IV, 68 Stat. 318.
July 28, 1953, ch. 251, title II, 67 Stat. 222.
July 5, 1952, ch. 574, title II, 66 Stat. 353.
Aug. 31, 1951, ch. 374, title III, 65 Stat. 244.
Sept. 6, 1950, ch. 896, Ch. VI, title II, 64 Stat. 678.
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June 29, 1949, ch. 280, title II, 63 Stat. 347.
June 30, 1948, ch. 773, title II, 62 Stat. 1191.
§§1020d to 1020h. Repealed. Pub. L. 87–353, §3(a), Oct. 4, 1961, 75 Stat. 773
Section 1020d, acts Jan. 31, 1934, ch. 7, §4(b), 48 Stat. 346; Aug. 19, 1937, ch. 704, §§2, 4, 50
Stat. 703; June 30, 1945, ch. 204, §15, 59 Stat. 269, provided for the purchase of consolidated farm
loan bonds, loans to Federal and joint-stock land banks, investment in mortgages, extensions, and
sale and assignment of notes and mortgages.
Section 1020e, act Jan. 31, 1934, ch. 7, §4(c), 48 Stat. 346, related to preparation of bonds.
Section 1020f, acts Jan. 31, 1934, ch. 7, §12, 48 Stat. 347; Feb. 26, 1934, ch. 33, 48 Stat. 360,
provided for exemptions from taxation.
Sections 1020g, 1020h, act Jan. 31, 1934, ch. 7, §§17, 18, 48 Stat. 348, 349, related to the
severability clause and reservation of right to amend, and short title, respectively.
' .[I''
. Suu Exhibir I'At' attaihed here-to
and incorporated herein by this reference
:.
nzi.Lure,
SEALI
before me this es''l day of
hand and
s
NoLary Publ;c.
liouary Publ- j-c.
:rrri:
The'in siruinent:yas adknowledged
6cld.n,Colorrdo 80$l - (1031 1.80
:.-i. -,.
, A'Parcel of :iand located 'in Section '19
6th P.M., Garfield Oounty, Colorado.
described as follows:
, Township 7 South, Range 87 lnlest of the
Said Parcel of land is more particulai:ly
Begi nni
,thence
thence
thence
thence
thdnce
thence'
thence
ng at,the South Quarter Corner of said Sect'ion l9;
N. 4l'23'40" E. 439'42 feet;
N. 69q45'00i' l,l, 584.5C feet;
N. 00"54'26u E. 1433.23 feet to the True Pojnt of Beginningi
N. 00"54126" E. 689.37 feet;
S. B7e i 0'48'! E. 646. 96 feet;
s . :oo" s4: 38" |,l. 657 .54'feet ;
N. 90'00'00" t,l. 646"65 feet to the True Point of Beginning.
Granr;oi does hereby further release, remise, and quit claim unto
grantees (without warranty of title or otherwise), aflY and all
water and rvater rights appurtenant to the property above rlescribed.
Shor:e Diive,
See ExhibiL 'rA'r atE.ached hereto
and incorporated herein by this reference
heirs iind lisicls,againit'dll,and eveiy persoh or per'sons larvfully claimin! or to claim the wlio
of.the first Dar[ sh WARRAN'f AND FOREVER DEFEND.
WHEREOF the s of the first p ert hereLrnto set
and State of
,3[
,{/ty
..rny, f';..tUf,LfDAY and ,\NN M. HALLIDAY
:whdse:legaladdressisP.O. Box.1069, .Basa1t, Coloraclo 81621
'.j
.oi the . - County cif Eagle and State ofColorado, ofthe second part:
. ,. WITNESSETH, that the said part y ofthc first part, for and in consideration ofthe sunt of
TDN DOLLARS AND OTIiER GOOD AND VAIUABLE CONSIDERATION-------------------&QIr!:1ff,''.'
.tothesaidpart V ofthefirst.partinhrindpaidbythe.saidpartlesofthesecondpart,ihereceiptwhereofishereby
eonfessod and acknowleclged;lha q grant:d, bargained, sold and conr;eyed, and by these presentd does
, grant, iargain, sell, convey and confir m.unto the said pn r tics of the second part, their heirs and assigns forever, riot in
: .t"non"y in "o.mon.bi, t in joint tcnan ey; all the following desc ribed lbt or parcel of tand, iituate, lying. and being in
the :. .. Countyof Garfield', andStateofColorado,towit:
also known ss'strect and iiur,rber \
'
. TOGETHER with all and.sirrgular the hereditaments and.appurtenances thereunto belonging, or in anywisc
appertaining, the reversion and reversions, rcmainder anC rem1in.der1, renLs, issues and profits th€reofi anrl all the
estate, right, title, interest; claim and demand whatsoever of the baid nart y of the first part, either in law or
e-iuity, of, in and to the qbqve bargained'premises; with.bhe hereditamcnts and appuftenances.
TO HAYE AND T0 HOLD rhe siid premises a.bove bni'sained antl desciibed, with the appurtonances, unto [he
saidpartiesofthgsecondpart,theirheirsandassignsforevenAndthesaidpart y ofLhcfirstpart,forhim
self i, hig,.heirs,executiirs;:andidministratorsdo4g covenant,S:r&nt,bargainandagreetoandwiththe
said iiartiei.of the decond pbrt, th'eir heirs and assigns, that at the time of the ensealing and delivery of these
p."s"nt"he is well seized ofthc prcmises above conveyed, as ofgood, sure, perfect, ttbsolute and indcfeasibie
estate of.inheritancc, in lau;, in,fec simple, an.l ha s good right, full power and lawful authority to grant, bargain,
,sbil,and convei ll-re same in niannir and'form aiori,said,:and tlrat the same are free and elear from all former and
I
I
i
I
I
I
I
othergrants,bargains,salcs,liens,taxes,assessmentandcncuhbrancesofwhateverkindornatur!soever., eXcePi:l
::::";:',*;:' ::":;:il:':15":,;il:::.;:*";"#'i:::H: i;!;.1"i?.lff::'li';:::"::i..ii
. and. general property. laxes of a current nature'
i
. and the rbove b-argained premises in.the quiet and pcacei.ble possession of Lhe said p&rti€s of the second part, their j i
S
le or any part thereof, i
i
his hand "^d li
the day ud year fiist abbve written'
Signed, Sealed and Deliveied in the Presence of
STATE
Fran.k E. Penni-g
SEAL}
ISF'] A I,I
. .. CoulrtYof
Jsx/day uf ct'q'Q*'):The forigoing ins|rumeitlwas ackr-r.owJedged beforc me this
my hand hn
Notory Puhlic.
Notary Public
le.84bv. :FRANK
B;:dfo'd l5l6J Wcir colorrdo 80401 - {30J} 2?8-0M{ - 3.80
A Parcel of land located in Section .l9,
6th P,M., Garfieid County, Colorado. S
descri bed as fol llows : :
I H\JLlLJut-
ownship 7 South, Range 87 l,lest of the
d Parcel uf land is more particularl,y
EXHIBlT..
T
aj
Beginning at'the South Quarter C
thehce N.r 4l o 23,' 40' E : : 439 .42 f e
thence N'. 69c45'001' 1,ll. 584.50 fe
thence N. 00" 54t'?6" 'E. 2122'.60 f
tltence S. ,B70 10 ''48" E. 646.96 fe
the''South Quarter Corner'of said
orner of said Section l9;
eti
et;
eet;
.,
,f.'{'
ra
{i
feet: distant; ''
.thence N. 74o
.l 0'39" E
thence N. Blo15'02" E
thence S. B7o I 0'48" E
et to the True Point of Beginning from'whi
Section l9 bears S. 09"08'28" l,l. 2656.1'B
. 28.03 feet; ;i. 503.'34 feet;. 273.05 feet to a point on the Westerly right of hay of
County Road '100;
thence along said r:ight of way the following courses and distances:
eet on the arc of a curve to the riqht havinq a radius ofr ) 74.48 f
437.86 feet, the chord of wh'ich bears S. 36"43'40" l'j. 74.39 feet;
s. 41045'59" bJ. 6'l.94 feet;
s. 0go50'59" l^l. 70.57 feet;
148,37 feet on the arc of a curve to the left having a radius of
1004.28 feet; the chord of which bears S. '14'3.| '46" l^J. 148.24 feet;
thence S. 0]"23'06" E. 409.50 feet;
thence leaving said l^lesteriy right of way N. 90"00'00" l'J., a'distance of
682.52 feet;
thence N. 00054'38" E. 657.54 feet to the True Point of Beginning.
Grantor does hereby further release, remise, and quit claim unto
grantees (without warranty of title or ot.herwi.se) , arry and all
rvater and water rights appurtenant to the property above descrt-bed.
2\
3)
4)
S87°10'13"E 647.37'
DEED=S87°10'48"E 646.
9
6
'
DEED=N74°10'39"E
N74°14'27"E
16.00'
S
0
9
°
1
5
'
2
2
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E
2
5
1
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2
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'
5
7
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4
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4
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2
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0
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E
6
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=
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0
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E
6
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3
7
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N81°17'45"E 5
0
3
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2
8
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DEED=N81°15'0
2
"
E
5
0
3
.
3
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'
DEED=N74°10'39"E
N74°14'27"E
12.07'
S87°05'51"E 273.32'
DEED=S87°10'48"E 273.05
'
DEED=S41°45'59"W 61.94'
S42°02'53"W
61.85'
DEED=S09°50'59"W
S05°54'34"W
70.57'
DE
E
D
=
S
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'
N90°00'00"W 632.02'
L=148.37'
R=1004.28'
CB:S16°33'53"W
CH:148.24'
DEED=S14°31'46"W
L=74.51'
R=437.86'
CB:S36°55'09"W
CH:74.42'
PARCEL 1 PARCEL 2
10.702± ACRES 10.532± ACRESEXISTING
FENCE LINE
SET REBAR & 1-1/4"
PINK PLASTIC CAP
PROP CORNER
TNC PLS38215
(TYPICAL)
NEIGHBOR'S GRAVEL DRIVEWAY
25' WIDE ACCESS &
UTILITY EASEMENT
FOUND REBAR & 1-1/4"
RED PLASTIC CAP
ILLEGIBLE
POINT OF
BEGINNING
PARCEL 2
FOUND REBAR & 1-1/4"
YELLOW PLASTIC CAP
ILLEGIBLE
(TIE FROM SOUTH 1/4 CORNER
SECTION 19
BEARS:N28°58'26"E 2246.52')
POINT OF
BEGINNING
PARCEL 1
FOUND REBAR & 1-1/4"
RED PLASTIC CAP
ILLEGIBLE
(TIE FROM SOUTH 1/4 CORNER
SECTION 19
BEARS:N06°47'48"W 1979.26')
N90°00'00"W 690.47'
N90°00'00"W 1322.49'
BASIS OF BEARINGS
FOUND REBAR & 1-1/4"
RED PLASTIC CAP
LS26950
NE
I
G
H
B
O
R
'
S
G
R
A
V
E
L
D
R
I
V
E
W
A
Y
FOUND REBAR & 1-1/4"
RED PLASTIC CAP
LS26950
FOUND REBAR & 1-1/4"
YELLOW PLASTIC CAP
ILLEGIBLE
OWNER
ROBERT & SUSAN DONLAN
PARCEL NO. 2391-194-00-207 OWNER
HARLAN DOPKIN
PARCEL NO. 2391-194-00-051
OW
N
E
R
DO
U
G
L
A
S
L
A
S
S
I
T
E
R
PA
R
C
E
L
N
O
.
2
3
9
1
-
1
9
3
-
0
0
-
0
4
7
OWNER
PATRICK & AMI FLYNN
PARCEL NO. 2391-193-00-046
OWNER
JOHN H. SANGMEISTER IRREVOCABLE TRUST
MCELNEA QTIP TRUST
PARCEL NO. 2391-183-00-162
CO
U
N
T
Y
R
O
A
D
1
0
0
(A
.
K
.
A
.
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O
A
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A
Y
20' WIDE EASEMENT FOR
ROADWAY, ACCESS, INGRESS,
EGRESS & UTILITY PURPOSES
RECEPTION NO. 303009
30' WIDE TELEPHONE EASEMENT
RECEPTION NO. 352610 & 352611
DEED
L=74.48'
CB:S36°43'40"W
CH:74.39'
10.702± ACRES
BOOK 652 PAGE 383BOOK 652 PAGE 381
WOOD-RAIL
FENCE
ORF
R
EV I E W
LEGEND
SURVEY NOTES:
A PARCEL OF LAND SITUATED IN SECTION 19
TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH PM
COUNTY OF GARFIELD, STATE OF COLORADO
PENNIG SUBDIVISION EXEMPTION
TRUE NORTH COLORADO LLC.
A LAND SURVEYING AND MAPPING COMPANY
P.O. BOX 614 - 386 MAIN STREET UNIT 3
NEW CASTLE, COLORADO 81647
(970) 984-0474
www.truenorthcolorado.com
PROJECT NO: 2023-273
DATE: March 8, 2024
DRAWN
RPK
SURVEYED
GBL-DJB
SHEET
1 OF 1
TRUENORTH
A LAND SURVEYING AND MAPPING COMPANY
80'40'160'
SCALE: 1" = 80'
N
0
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY
LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE
YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY
ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE
THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.
FOUND REBAR & 1-1/2" ALUMINUM
CAP STAMPED LS11204
SET NO. 5 REBAR & 1-1/4" PINK
PLASTIC CAP TNC PLS38215
DEED = BOOK 652 PAGE 381
BOOK 652 PAGE 383
AMENDED FINAL PLAT
CLERK & RECORDER 'S CERTIFICATE
THIS AMENDED FINAL PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD
COUNTY, COLORADO, AT ____ O'CLOCK _____, ON THIS ____ DAY OF , 2024, AND IS DULY RECORDED
AS RECEPTION NO. _______________________________________.
_________________________________________________________
CLERK AND RECORDER
BY_______________________________________________________
DEPUTY
COUNTY SURVEYOR'S CERTIFICATE
APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS,
CALCULATIONS AND DRAFTING PURSUANT TO C.R.S., 38-51-101 AND 102, ET SEQ.
DATED THIS ____________ DAY OF _________________________, 2024.
BY:_________________________________________________________________
GARFIELD COUNTY SURVEYOR
SURVEYOR'S CERTIFICATE
I, RODNEY P. KISER, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE
STATE OF COLORADO, THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT OF AMENDED FINAL PLAT OF PENNIG
SUBDIVISION EXEMPTION, AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM
AN ACCURATE SURVEY OF SAID PROPERTY BY ME, OR UNDER MY SUPERVISION, AND CORRECTLY SHOWS THE LOCATION
AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF SAID AMENDED FINAL PLAT AND BOUNDARY ADJUSTMENT
MAP AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE
SUBDIVISION OF LAND.
IN WITNESS WHEREOF, I HAVE SET MY HAND AND SEAL THIS ____ DAY OF , A.D., 2024.
RODNEY P. KISER
PROFESSIONAL LAND SURVEYOR
COLORADO REGISTRATION NO. 38215
CERTIFICATE OF TAXES PAID
I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND
ASSESSMENTS DUE AND PAYABLE AS OF , UPON ALL PARCELS OF REAL
ESTATE DESCRIBED ON THIS PLAT ARE PAID IN FULL.
DATED THIS _____ DAY OF , A.D., 2024.
TREASURER OF GARFIELD COUNTY
TITLE CERTIFICATE
COUNTY COMMISSIONER 'S CERTIFICATE
BASED UPON THE REVIEW AND RECOMMENDATION OF GARFIELD COUNTY DIRECTOR OF COMMUNITY DEVELOPMENT, THE
BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, HEREBY APPROVES THIS AMENDED FINAL PLAT THIS
_______________________________ DAY OF _________________________, A.D., 2024, FOR FILING WITH THE CLERK AND RECORDER OF
GARFIELD COUNTY AND FOR CONVEYANCE TO THE COUNTY OF THE PUBLIC DEDICATIONS SHOWN HEREON, SUBJECT TO THE
PROVISIONS THAT APPROVAL IN NO WAY OBLIGATES GARFIELD COUNTY FOR THE FINANCING OR CONSTRUCTION OF
IMPROVEMENTS ON LANDS, PUBLIC ROADS, HIGHWAYS OR EASEMENTS DEDICATED TO THE PUBLIC, EXCEPT AS SPECIFICALLY
AGREED TO BY THE BOARD OF COUNTY COMMISSIONERS BY SUBSEQUENT RESOLUTION. THIS APPROVAL SHALL IN NO WAY
OBLIGATE GARFIELD COUNTY FOR THE CONSTRUCTION, REPAIR OR MAINTENANCE OF PUBLIC ROADS, HIGHWAYS OR ANY
OTHER PUBLIC DEDICATIONS SHOWN HEREON.
____________________________________________________________________________
CHAIRMAN, BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
WITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD.
ATTEST: _______________________________________________________________
COUNTY CLERK
CERTIFICATE OF DEDICATION AND OWNERSHIP
THE UNDERSIGNED BEING SOLE OWNER(S) IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN GARFIELD COUNTY, DESCRIBED
AS FOLLOWS:
A PARCEL OF LAND LOCATED IN SECTION 19, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH P.M., GARFIELD
COUNTY, COLORADO. SAID PARCEL OF LAND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 19;
THENCE N. 41°23'40" E. 439.42 FEET;
THENCE N. 69°45'00"W. 584.50 FEET;
THENCE N. 00°54'26" E. 2122.60 FEET;
THENCE S. 87°10'48" E. 646.96 FEET TO THE TRUE POINT OF BEGINNING FROM WHICH THE SOUTH QUARTER CORNER
OF SAID SECTION 19 BEARS S. 09°08'28" W. 2656.18 FEET DISTANT; THENCE N. 74°10'39" E. 28.03 FEET;
THENCE N. 81°15'02" E. 503.34 FEET; THENCE S. 87°10'48" E. 273.05 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF COUNTY
ROAD 100; THENCE ALONG SAID RIGHT OF WAY THE FOLLOWING COURSES AND DISTANCES:
1.) 74.48 FEET ON THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 437.86 FEET, THE CHORD OF WHICH BEARS
S.36°43'40" W. 74.39 FEET;
2.) S. 41°45'59" W. 61.94 FEET;
3.) S. 09°50'59" W. 70.57 FEET;
4.) 148.37 FEET ON THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1004.28 FEET; THE CHORD OF WHICH BEARS
S. 14°31'46" W. 148.24 FEET; THENCE S. 01°23'06" E. 409.50 FEET;
THENCE LEAVING SAID WESTERLY RIGHT OF WAY N. 90°00'00" W., A DISTANCE OF 682.52 FEET;
THENCE N. 00°54'38" E. 657.54 FEET TO THE TRUE POINT OF BEGINNING.
ALSO
A PARCEL OF LAND LOCATED IN SECTION 19, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH P.M., GARFIELD
COUNTY, COLORADO. SAID PARCEL OF LAND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 19; THENCE N41°23'40"E 439.42 FEET; THENCE N69°45'00"W 584.50
FEET, THENCE N00°54'26"E 1433.23 FEET TO THE TRUE POINT OF BEGINNING; THENCE N00°54'26"E 689.37 FEET; THENCE S87°10'48"E
646.96 FEET; THENCE S00°54'38"W 657.54 FEET; THENCE N90°00'00"W 646.65 FEET TO THE TRUE NORTH OF BEGINNING.
CONTAINING 21.234 ACRES, MORE OR LESS, HAVE CAUSED THE DESCRIBED REAL PROPERTY TO BE SURVEYED, LAID OUT, PLATTED
AND SUBDIVIDED INTO LOTS AND BLOCKS AS SHOWN ON THIS AMENDED FINAL PLAT UNDER THE NAME AND STYLE OF PENNIG
SUBDIVISION EXEMPTION, A SUBDIVISION IN THE COUNTY OF GARFIELD. THE OWNER(S) DO HEREBY DEDICATE AND SET APART ALL
OF THE STREETS AND ROADS AS SHOWN ON THE ACCOMPANYING PLAT TO THE USE OF THE PUBLIC FOREVER, AND HEREBY
DEDICATE TO THE PUBLIC UTILITIES THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED AS UTILITY EASEMENTS ON THE
ACCOMPANYING PLAT AS PERPETUAL EASEMENTS 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 THE
RIGHT TO TRIM INTERFERING TREES AND BRUSH, WITH PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND
MAINTENANCE OF SUCH LINES. SUCH EASEMENT AND RIGHTS SHALL BE UTILIZED IN A REASONABLE AND PRUDENT MANNER. ALL
EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTY OF
GARFIELD.
EXECUTED THIS ________DAY OF ________________________ A.D., 2024
OWNERS
JAY F. HALLIDAY & ANN M. HALLIDAY
5763 COUNTY ROAD 100
CARBONDALE, CO 81623
BY:_________________________________________________
JAY F. HALLIDAY-OWNER
BY:__________________________________________________
ANN M. HALLIDAY-OWNER
STATE OF COLORADO )
) :SS
COUNTY OF GARFIELD )
THE FORGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS _________ DAY OF ___________,
A.D. 2024 BY JAY F. HALLIDAY AND ANN M. HALLIDAY AS OWNERS.
MY COMMISSION EXPIRES__________________________
WITNESS MY HAND AND OFFICIAL SEAL
_________________________________________________________
NOTARY PUBLIC
PLAT NOTES:
2.) CONTROL OF NOXIOUS WEEDS IS THE RESPONSIBILITY OF THE PROPERTY OWNER.
3.) COLORADO IS A “RIGHT-TO-FARM” STATE PURSUANT TO C.R.S. 35-3-11, ET. SEQ.
LANDOWNERS, RESIDENTS AND VISITORS MUST BE PREPARED TO ACCEPT THE
ACTIVITIES, SIGHTS, SOUNDS AND SMELLS OF GARFIELD COUNTY’S AGRICULTURAL
OPERATIONS AS A NORMAL AND NECESSARY ASPECT OF LIVING IN A COUNTY WITH
A STRONG RURAL CHARACTER AND A HEALTHY RANCHING SECTOR. THOSE WITH AN
URBAN SENSITIVITY MAY PERCEIVE SUCH ACTIVITIES, SIGHTS, SOUND, AND SMELLS
ONLY AS INCONVENIENCE, EYESORE, NOISE AND ODOR. HOWEVER, STATE LAW AND
COUNTY POLICY PROVIDE THAT RANCHING, FARMING AND OTHER AGRICULTURAL
ACTIVITIES AND OPERATIONS WITHIN GARFIELD COUNTY SHALL NOT BE
CONSIDERED TO BE NUISANCES SO LONG AS OPERATED IN CONFORMANCE WITH
THE LAW AND IN A NON-NEGLIGENT MANNER. THEREFORE, ALL MUST BE PREPARED
TO ENCOUNTER NOISES, ODOR, LIGHTS, MUD, DUST, SMOKE, CHEMICALS,
MACHINERY ON PUBLIC ROADS, LIVESTOCK ON PUBLIC ROADS, STORAGE AND
DISPOSAL OF MANURE, AND THE APPLICATION BY SPRAYING OR OTHERWISE OF
CHEMICAL FERTILIZERS, SOIL AMENDMENT, HERBICIDE, AND PESTICIDES, ANY ONE
OR MORE OF WHICH MAY NATURALLY OCCUR AS PART OF LEGAL AND
NON-NEGLIGENT AGRICULTURAL OPERATIONS.
4.) ALL OWNERS OF LAND, WHETHER RANCH OR RESIDENCE, HAVE OBLIGATIONS
UNDER STATE LAW AND COUNTY REGULATIONS WITH REGARD TO THE
MAINTENANCE OF FENCES AND IRRIGATION DITCHES, CONTROLLING WEEDS,
KEEPING LIVESTOCK AND PETS UNDER CONTROL, USING PROPERTY IN ACCORDANCE
WITH ZONING, AND OTHER ASPECTS OF USING AND MAINTAINING PROPERTY.
RESIDENTS AND LANDOWNERS ARE ENCOURAGED TO LEARN ABOUT THESE RIGHTS
AND RESPONSIBILITIES AN ACT AS GOOD NEIGHBORS AND CITIZENS OF THE
COUNTY. A GOOD INTRODUCTORY SOURCE FOR SUCH INFORMATION IS “A GUIDE
TO RURAL LIVING & SMALL SCALE AGRICULTURE” PUT OUT BY THE COLORADO STATE
UNIVERSITY EXTENSION OFFICE IN GARFIELD COUNTY.
5.) ENGINEER-DESIGNED SEPTIC SYSTEMS ARE REQUIRED WITHIN THIS SUBDIVISION.
6.) ENGINEER-DESIGNED FOUNDATIONS ARE REQUIRED WITHIN THIS SUBDIVISION.
7.) DITCH OWNER(S) RIGHTS: COLORADO STATE STATUTES 37-86-102 PROVIDES THAT
ANY PERSON OWNING A WATER RIGHT OR CONDITIONAL WATER RIGHT SHALL BE
ENTITLED TO A RIGHT-OF-WAY THROUGH THE LANDS WHICH LIE BETWEEN THE
POINT OF DIVERSION AND POINT OF USE OR PROPOSED USE FOR THE PURPOSE OF
TRANSPORTING WATER FOR BENEFICIAL USE IN ACCORDANCE WITH SAID WATER
RIGHT OR CONDITIONAL WATER RIGHT. ANY IMPACT, CHANGE OR CROSSING OF A
DITCH SHALL REQUIRE APPROVAL FROM THE DITCH OWNER.
VICINITY MAP
SCALE: 1" = 2,000'
SECTION 19
TOWNSHIP 7 SOUTH
RANGE 87 WEST
SITE
COUNTY
ROAD 100
LIENHOLDER CONSENT
THE UNDERSIGNED, WELLS FARGO BANK, N.A., BEING THE BENEFICIARY UNDER
THE DEED OF TRUST RECORDED AS RECEPTION NO. 640728 GRANTED BY JAY F.
HALLIDAY AND ANN M. HALLIDAY, AS THE OWNERS AGAINST THE REAL
PROPERTY IN THIS AMENDED FINAL PLAT OF PENNIG SUBDIVISION EXEMPTION,
CERTIFIES THAT THE UNDERSIGNED HAS REVIEWED THE AMENDED PLAT AND
BY THIS CERTIFICATION HEREBY CONSENTS TO SAID AMENDED PLAT AND TO
THE RECORDING THEREOF.
DATE: ________________________________________________
WELLS FARGO BANK , N.A.
BY: _______________________________________________
_______________________________________________, AUTHORIZED AGENT
STATE OF COLORADO )
) SS
COUNTY OF GARFIELD )
THE FOREGOING LIENHOLDER CONSENT WAS ACKNOWLEDGED BEFORE ME
THIS _______ DAY OF________________________, 2024, BY___________________________ AS
AUTHORIZED AGENT FOR WELLS FARGO BANK, N.A.
WITNESS MY HAND AND OFFICIAL SEAL
_______________________________________________________
NOTARY PUBLIC
R E S 0 L U T I 0 N :if; 16-3lP
WHEREAS, FRANK PENNIG, has petitioned the Board of County Commissioners of
Garfield County, Colorado, for an exemption under C.R.S. (1973) Section 30-28-
101 (10) (a) -(d) as amended, and the Su bdivis ion Regulations of Garfield County,
Colorado, adopted September l, 1972 and amended April 14, 1975, Sections 1.02.17
(d)and 3.0 2.01, for the division of a 20 acre tract of land into two 10 acre
tracts each, more or less, and said 20 acre tract is mor e particularly described
as fol lows:
A parcel of land situated in the SE¼NW¼, SW¼NE¼, NE¼SW¼, NW¼SE¼, SE¼SW¼ and the SW¼SE¼ all in Section 19, Township 7 South, Range 87 West of the Sixth Principal Meridian, lying Westerly of the Westerly right -of-way line of County Road No. 100 as constructed an d in place, said parcel of land is described as follows:
Beginning at the South Quarter Corner of said Section 19, thence N. 41 ° 23 1 4011 E. 439. 42 feet; thence N. 690 45 1
0011 W. 584. 50 feet; thence N. oo o 54' 26 11 E. 1433. 23 feet to the true point of beginning; thence N. ooo 54 1 26 11 E.689.38 feet; thence 87 ° 10' 48 11 E. 1359.26 feet along a fence as constructed and in place; thence S. 09° 51' 00 11
W.70.57 feet along said fence to a point on the Westerlyright-of-way line of said road; thence 148.37 feet alc ngthe arc of a curve to the left, having a radi.us of 1004.28feet, the chord of which bears: S. 14° 31' 46 11 W. 148.24feet; thence S. 01° 23' 06 11 E. 409.50 feet along theWesterly right-of-way line of said road; thence West1329.16 feet, more or less to the true point of beginning.
The above described parcel of land contai ns 20.00 acres, more or less.
WHEREAS, the Petitioner has demons trated to the satisfaction of the Board
of County Commissioners of Garfie ld County, Colorado, that he desires said
exemption for the purpose of re-sale into single-family residential acreage;
and,
WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board
of Cou nty Commissioners that there is a reasonable probability of locating
danestic water on each of said tracts, that there is adequate ingress and egress
. to said tracts, that the location of septic tanks will be permitte d by the
Colorado Department of Health, that the requested division is in accordance with
the general purposes and intent of the Subdivision Regulations of the State of
Colorado and the County of Garfield and should, therefore, be exempted from
the definition of the terms "subdivision" and "subdivided land" as set forth in
C.R.S. (tSZs1 Section 30-28-101 (.l0)
NOl.l THEREF0RE, upon notion of
(a) - (a) as amended;
R.C. Jollev seconded
by Flaven J. Cerise and carried, said 20 acre tract of
land is hereby exempted from such definition and transfer of said tract may be
made by division into two tracts of I0 acnes each, tnore or less, a'll as is more
fully described above, and further, that said exemption is conditioned upon
the Petitioner obtaining a proper Iegal description of said tracts prior to
conveyance thereof. A copy of the instrument(s) of conveyance when recorded
shall be filed with this Resolution.
Dated this 27th day of March A.D. 1978.
THE BOARD OF COUNTY
OF GARFIELD COUNTY,
COMMISSIONERS
COLORADO
Pro-Tem
asqugz, uha
J. ,Cerise,
ot the tsoa
of Countf Conrni ssi oners
Garfield County, Colorado
-2-
A parcel of laird situated in the SE-L/A Nw-I/4, SW-L/A NE-I/4,NE-1/4 sw-L/A ' '! 'L/4 sE-]-/A, sB-l/A sw-1/ rnd the sl{-rl4 gE-L/Aarl in section ^ , Township 7 south, Range - / west'of the sixthPrincipar Meridian, lying westerry of the westerly right-of-wayline of county Road No. 100 as constructed and in prace, saidparcel of, land is described as follows:
)
Beginning at the south Quarter corner of said section 19,thence N. 4Io23'40" E. 439.42 feet; thence N. 69045'00,,Vf. 584.50feet; thence N. 00"54'26u E. 1433.23 feet to t-he true point ofbeginning; thence N. 00o54 '26'1 E. 689.38 feet; thence 87"10'48"E. f359.26 feet along a fence-as constructed and in place; thenceS. 09"51'00'W. 70.57 feet aLong said fence to a point on theWesterly light-of-way line of said road; thence 148.37 feet alongthe arc of a curve to the left, having a radius of 1004.28 feet,the chord of which bears: s. 14o3r'46" w. 149.24 feet; thenceS. 0I"23'06r' E. 409.50 feet along the l{esterly right-of-way line ofsaid road; thence l{est 1329.16 feet, more or less to the truepoint of beginning.
The above described parcel of land contains 20.OO acres, moreor less.
BEFORE THE BOARD OF COUNTY CO['O4ISSIONERS
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursuant to C.R.S. (1973) Section 30-28-10I(10)(a) - (d) as anended,
and the Subdivision Regulations of Garfield County, Colorado, adopted
September 1, 1972 and amended Apgil \Y, 19)L5, Sections 1.02.17(d) and
3.02.0I, the undersi4ned
respectfully petitions the
County, Colorado, to exempt
Board of County C 'ssioners of Garfield
by resolution.,r'
-u/r0.*
OF
d-7-Lully hereinafter described, from f trhiti
a?.I-u d4,QtL.Arffi.
Submitted at G'lenwood Springs, Colorado, this
ot ,19
/
7f
and "subdivision Iand"
Section 30-28-101 (a) -
for the reasons stated
as the terms are used
(d) and the Garfield
bel ow:
and defined in C.R.S. (1973)
County Subdivision Regulations,
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