HomeMy WebLinkAbout1.00 General Application MaterialsLOT AAMENDED RESUBDIVISION OF BLOCK 11AND A PORTION OF SOPRIS AVENUE
TOWNSITE OF COOPERTONRECEPTION No. 638286ASSESSOR PARCEL No.
239328411004
REC. #638286ASSESSOR PARCEL No: 239328411005
ADDRESS: 55 SOUTH CEDAR STREET
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AMENDED LOT B & LOTS 1-5, BLOCK 12 TOWNSITE OF COOPERTON
RECEPTION No. 609324ASSESSOR PARCEL No.239328412008
FOUND #4 REBAR &
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"PROP COR"
"PLS 14111"
FOUND #4 REBAR &1.0" ORANGE PLASTIC CAP
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STAMPED"PROP COR""PLS 14111"
FOUND #4 REBAR &1.0" YELLOW PLASTIC CAP3" BELOW GROUND
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LOT B
20,313 sq. ft.
0.466 acres
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SET #5 REBAR 18" LONG &1.25" RED PLASTIC CAP
2" ABOVE GROUND
STAMPED"WITNESS" "PLS #28643"
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LOT C1RESUBDIVISION OF LOT C, BLOCK 11TOWNSITE OF COOPERTONRECEPTION No. 728856ASSESSOR PARCEL No.239328411007
LOTS 11-15 BLOCK 12AMENDED TOWNSITE OF COOPERTONRECEPTION No. 280258ASSESSOR PARCEL No.239328412003
LOT C2RESUBDIVISION OF LOT C, BLOCK 11TOWNSITE OF COOPERTONRECEPTION No. 728856ASSESSOR PARCEL No.239328411008
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EXISTING FENCE
SURVEYOR'S CERTIFICATE
I, MARK S. BECKLER, DO HEREBY STATE THAT I AM A REGISTERED LAND SURVEYOR LICENSED UNDER THE
LAWS OF THE STATE OF COLORADO, THAT THIS IS A TRUE, CORRECT AND COMPLETE FINAL PLAT OF LOT B,
BLOCK 11, COOPERTON MINOR SUBDIVISION, AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON;
THAT SUCH PLAT WAS MADE FORM AN ACCURATE SURVEY OF SAID PROPERTY BY ME AND UNDER MY
SUPERVISION, AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE BOUNDARY, LOTS,
EASEMENTS AND STREETS OF SAID SUBDIVISION 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. 20___.
____________________________________
MARK S. BECKLER, L.S. #28643
CLERK AND RECORDER'S CERTIFICATE
THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY AT
______O'CLOCK ___.M., ON THE ____DAY OF ______________, A.D. 20___, AND IS DULY RECORDED IN
BOOK _____,
PAGE _____, RECEPTION NO. _______________________.
_________________________________
CLERK AND RECORDER
BY:_________________________________
DEPUTY
SOPRIS ENGINEERING LLC
502 MAIN STREET SUITE A3 CARBONDALE CO 81623
(970) 704 0311 soprisengineering.com
1 inch = ft.
( IN FEET )
GRAPHIC SCALE
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SE PROJECT 33149.01 3/5/2024 G:\2023\33149 ANNIE PERRY\SURVEY\SURVEY DWGS\SURVEY PLOTS\33149-MINOR SUBDIV PLAT.DWG
CERTIFICATE OF DEDICATION AND OWNERSHIP
KNOW ALL MEN BY THESE PRESENTS:
THE UNDERSIGNED , BEING SOLE OWNERS IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN
GARFIELD COUNTY, DESCRIBED AS FOLLOWS:
LOT B,
BLOCK 11,
RESUBDIVISION OF BLOCK 11 AND A PORTION OF SOPRIS AVENUE, TOWNSITE OF
COOPERTON, ACCORDING TO THE PLAT THEREOF FILED AUGUST 21, 2002 AS RECEPTION NO. 609325
AND
AMENDED PLAT FILED OCTOBER 8, 2003 AT RECEPTION NO. 638286.
HAVE CAUSED THE DESCRIBED REAL PROPERTY TO BE SURVEYED, LAID OUT, PLATTED AND SUBDIVIDED
INTO LOTS 1 AND 2 AS SHOWN ON THIS PLAT UNDER THE NAME AND STYLE OF LOT B, BLOCK 11,
COOPERTON MINOR SUBDIVISION, A SUBDIVISION IN THE COUNTY OF GARFIELD.
THE OWNER DOES 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;
AND OWNER DOES HEREBY DEDICATE TO THE OWNER(S) OF LOT 1, THEIR SUCCESSORS AND ASSIGNS A
PRIVATE NON-EXCLUSIVE EASEMENT, SHOWN ON SHEET 2 HEREOF AS "15' WIDE PRIVATE WATERLINE
EASEMENT" ACROSS LOT 2 FOR A PRIVATE DOMESTIC WATER SERVICE.
EXECUTED THIS ____ DAY OF _______________, A.D., 20__.
________________________________________________________
ANNE U. PERRY (OWNER)
STATE OF COLORADO )
)SS.
COUNTY OF GARFIELD )
THE FOREGOING DEDICATION WAS ACKNOWLEDGED BEFORE ME THIS ______ DAY OF ___________,
A.D., 20___, BY ANNE U. PERRY
MY COMMISSION EXPIRES _____________________________
WITNESS MY HAND AND SEAL
____________________________________________________________
NOTARY PUBLIC
VICINITY MAP
SCALE: 1" = 2000'
COUNTY COMMISSIONERS' CERTIFICATE
BASED UPON THE REVIEW AND RECOMMENDATION OF GARFIELD COUNTY DIRECTOR OF
COMMUNITY DEVELOPMENT, THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD
COUNTY, COLORADO, HEREBY APPROVES THIS AMENDED PLAT THIS ___ DAY OF
_______________, A.D., 20__, 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
SURVEY NOTES
1) DATE OF SURVEY: 2021
2) DATE OF PREPARATION: APRIL 2024.
3) BASIS OF BEARING: A BEARING OF S 89°22'00" E BETWEEN THE STREET MONUMENTS LOCATED AT THE
INTERSECTION OF GLENWOOD AVENUE AND SPRUCE STREET AND THE INTERSECTION OF GLENWOOD
AVENUE AND PINE STREET BOTH BEING 2.5" ILLEGIBLE BRASS CAPS.
4) BASIS OF SURVEY: THE PLAT OF THE TOWNSITE OF COOPERTON RECORDED OCTOBER 1, 1888 AS
RECEPTION NO. 7674, & THE AMENDED PLAT OF THE TOWNSITE OF COOPERTON RECORDED AUGUST 23,
1977 AS RECEPTION NO. 280258, THE AMENDED RESUBDIVISIONOF BLOCK 11 AND A PORTION OF SOPRIS
AVENUE, TOWNSITE OF COOPERTON RECORDED OCTOBER 8, 2003 AND THE FOUND SURVEY MONUMENTS,
AS SHOWN.
5) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING, LLC (SE) TO DETERMINE
OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING EASEMENTS, RIGHTS OF WAY
AND/OR TITLE OF RECORD, SE RELIED UPON THE ABOVE SAID ITEMS DESCRIBED IN NOTE 4 AND THE TITLE
COMMITMENT PREPARED BY TITLE COMPANY OF THE ROCKIES UNDER ORDER NO. 0604645-C EFFECTIVE
FEBRUARY 16, 2024.
6) THIS PROPERTY IS INCLUDED IN THE BASALT WATER CONSERVATION DISTRICT, PER THAT CIVIL ACTION
NO. 5593, RECORDED APRIL 7, 2023 AS RECEPTION NO. 984853 OF THE GARFIELD COUNTY RECORDS.
7) THE LINEAR UNIT USED ON THIS PLAT IS THE U.S. SURVEY FOOT
SITE
TITLE CERTIFICATE
I, ________________________________, AGENT AUTHORIZED BY TITLE COMPANY OF THE
ROCKIES, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN
UPON THIS PLAT AND THAT TITLE TO SUCH LANDS IS VESTED IN , FREE AND CLEAR OF ALL
LIENS AND ENCUMBRANCES (INCLUDING MORTGAGES, DEEDS OF TRUST, JUDGMENTS,
EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY
IN THIS PLAT), EXCEPT AS FOLLOWS:
______________________________________________________________.
DATED THIS _____ DAY OF , A.D., 20__.
________________________________
NAME
TITLE COMPANY OF THE ROCKIES
1620 GRAND AVENUE, SUITE B
GLENWOOD SPRINGS, CO 81601
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., 20__.
____________________________________________
TREASURER OF GARFIELD COUNTY
FINAL PLAT OF:
SHEET 1 OF 2
LOT B, BLOCK 11 COOPERTON MINOR SUBDIVISION
A RE-SUBDIVISION OF LOT B, BLOCK 11 COOPERTON MINOR SUBDIVISION
SITUATE IN LOT 19 OF SECTION 28, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6th P.M.
COUNTY OF GARFIELD, STATE OF COLORADO
MINERAL OWNERSHIP
TO BE PROVIDED BY OTHERS
DRAFT
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LOT 1
12,225 SQ FT±
0.281 ACRES±
PER THIS PLAT
LOT 2
8,088 SQ FT±
0.186 ACRES±
PER THIS PLAT
10.0 SETBACK
10.0 SETBACK
10.0 SETBACK
25.0 SETBACK
25.0 SETBACK (TYP)
25.0 SETBACK
15.0' WIDE PRIVATEWATERLINE EASEMENTPER THIS PLAT
SOPRIS ENGINEERING LLC
502 MAIN STREET SUITE A3 CARBONDALE CO 81623
(970) 704 0311 soprisengineering.com
1 inch = ft.
( IN FEET )
GRAPHIC SCALE
010 10 20
10
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SE PROJECT 33149.01 3/5/2024 G:\2023\33149 ANNIE PERRY\SURVEY\SURVEY DWGS\SURVEY PLOTS\33149-MINOR SUBDIV PLAT.DWG
FINAL PLAT OF:
SHEET 2 OF 2
LOTS AND EASEMENTS, PER THIS PLAT
LOT B, BLOCK 11 COOPERTON MINOR SUBDIVISION
A RE-SUBDIVISION OF LOT B, BLOCK 11 COOPERTON MINOR SUBDIVISION
SITUATE IN LOT 19 OF SECTION 28, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6th P.M.
COUNTY OF GARFIELD, STATE OF COLORADO
DRAFT
March 5, 2024
502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313
S OPR IS E NGI NEERING • LLC civ il consultants
Anne Perry
88 Cedar St.
Carbondale, CO 81623
"Annie P" <batadogo@gmail.com>
RE: Lot Split Feasibility and OWTS Evaluation and Findings for 55 S Cedar Street, Carbondale Garfield
County, CO
SE Job No. 33149.01, Parcel No: 239328411005.
Dear Annie Perry:
This letter report presents the applicable findings in regard to the proposed lot split at the above referenced
site. A new minor subdivision permit is required for the proposed lot split with respect to proposed usage
on the subject property. This site layout and onsite wastewater treatment system (OWTS) feasibility
evaluation was performed in support of your minor subdivision application to split the above referenced lot
with respect to current regulatory design and setback requirements. Based on our findings we believe that
adequate land area exists with respect to setback limitations to allow for the placement of new OWTS
components, building envelopes, access, and utility envelopes to serve the needs of two single family lots
on the property.
Preliminary planning has been performed to implement a formal lot split/adjustment process with
delineation of specific redevelopment envelopes. Based on knowledge of existing OWTS components, soil
conditions and site limitation in the immediate vicinity we believe the design and installation of treatment
level 3 standard OWTS installations is feasible for both proposed lots. The attached exhibit delineates
existing property conditions, pertinent OWTS setbacks required and conceptual alternative OWTS
component envelopes that may be considered and adjusted as needed based on future planning proposals.
The proposed lot split is based on our evaluation of the site conditions in regards to setbacks, proposed
OWTS design flow, system design criteria and soil conditions for use in obtaining a minor subdivision
approval. We have evaluated the existing and proposed site conditions with respect to the operation and
installation of site specific system design in accordance with County OWTS Regulations and State of
Colorado Regulation 43 in support of your subdivision permit application. The proposed lot split meets all
required setback requirements in regards to existing structures and potential future lot use. Based on the
physical site features, soils, and existing building layout, we have prepared a civil subdivision design plan
for permit approval that was prepared with GIS, Survey Plat information and aerial mapping. The design
recommendations are delineated on the current civil design plan, C1-Site Plan dated 02-28-2024, by Sopris
Engineering.
Existing and Proposed Site Conditions
The existing developed parcel will be split into two lots and the current structures will not be maintained on
the proposed lots. The existing buildings will be demolished and the site will be prepared for new
construction. The subject property is located at 55 S Cedar Street near the intersection of Sopris Road and
Cedar Street. The proposed improvements consist of two new residential lots sized to allow for the
Lot Split & OWTS Feasibility Evaluation
55 S Cedar Street
SE Job No. 33149.01
March 5, 2024
Page 2
installation of an individual OWTS on each lot. The proposed lots are designed with respect to the existing
topography, development envelopes, vegetation, and other existing and proposed site features as shown on
the Improvement Survey prepared by Sopris Engineering dated March 19, 2021.
The proposed development site is situated on a flat to gently sloped (approximately 0%-9%) lightly wooded
and grassy area. Topography within the development is generally flat from the western, envelope boundary
draining into a small ditch on the eastern edge of the property.
Water
The existing source of water is an irrigation ditch that comes from a pipe along the western boundary and
crosses from the northern boundary to the southern boundary and back to the northern boundary. A new
well is proposed to be installed near the southeastern corner of the site to serve both lots. The site is
included in the Basalt Water Conservancy District per civil action no. 5593, augmented per BWCD
contract number: 3.3.5.811, March 14, 2023 for two single family homes, 2 adu's, 4,000 SF lawn.
There is an existing fire hydrant across the street from the southeast corner of the proposed southern lot.
The use of the existing hydrant for fire suppression should be explored. The existing ditch laterals will be
used for irrigation. A portion of the existing ditch lateral on the northerly lot will be abandoned. And new
ditch lateral pipeline will be installed along the northerly property line to connect to the existing irrigation
pipline.
Utilities
The closest established electric service is a transformer located 23 feet off of the eastern boundary of the
proposed southern lot. The electric service provider will establish electric service onto the site in
accordance with the site development requirements. Telephone and communications service will be
coordinated with the applicable service providers. There is a gas stub on what will be the northern lot that
currently ties into one of the existing metal barns. Gas service installations will be coordinated with the
applicable service provider as needed. The utilities lines will need to be located in order to formalize utility
easements as necessary. The utility easements may be established and utility installations may be installed
in alignments within the proposed driveways.
OWTS Conditions and Design Criteria
The lots were sized to insure that an OWTS system sized for the proposed number of bedrooms for each
residence could be fit on each lot accounting for existing and proposed conditions. Sand filter beds sized
for an assumed type 2 soil matrix are recommended for both lots.
Both the northerly and southerly lot’s conceptual OWTS was sized, pursuant to treatment level 3 criteria,
to fit a 1500 gallon tank and a pressure dosed sand filter bed system for a minimum four bedroom
residential treatment capacity. The preliminary OWTS envelopes are delineated on the attached plan.
Lot Split & OWTS Feasibility Evaluation
55 S Cedar Street
SE Job No. 33149.01
March 5, 2024
Page 3
Preliminary Design Calculations OWTS
The required onsite wastewater treatment system (OWTS) for each lot is designed to serve a 4-bedroom
residential facility based on type-2 soils sizing criteria. The design flow treatment capacity is calculated as
follows for a minimum equivalent 4-bedroom single family residence that is typical for both lots.
Design Flow
From the Regulation 43 usage table:
Minimum population based on 4 bedrooms = 7 persons.
Gallons per day per person = 75 gal/person/day, No peaking factor
Max. Design flow (Qd) gallons/day = (# of people) x (avg. flow) gal/person/day.
Design flow Qd = 7*75 = 525 gpd
Septic Tank Sizing
Qd x 2 day detention time = 525 gpd x 2 days = 1050 gallons . Use a 1500 gallon, two compartment
concrete septic tank with a high head pump assembly in the second chamber.
Preliminary Sub Surface Conditions and Testing
Based on soil eva luations performed by Sopris Engineering in the immediate vicinity and observation of
shallow excavations on the site, the soils consist of Type 2 silt loam near the surface and transition to
rocky type R1 soils with type 2 sandy silt loam matrix. Future soil investigations will be performed prior to
building and OWTS permit application. Required profile pits will be excavated and logged for design
confirmation and documentation in the permit application plan and report. The treatment level 3 soil
treatment areas (STA) are sized based on the long term acceptance rate (LTAR) for the use of 24-inch
depth of secondary filter sand (ASTM-33, concrete sand) that allows for a loading rate of 0.8 gal/S.F./day
soil overlying type-2 soil matrix.
Soil Treatment Area/ Pressure dosed chamber trench Absorption System Design
The conceptual treatment/absorption field envelopes are designed based on utilizing the effective Long
Term Acceptance Rate (LTAR) for the soils and the application of appropriate loading factors for a new
soil treatment area system utilizing distribution technology with custom perforated distribution laterals
installed over sand filter, in accordance with Regulation 43 design criteria for this technology.
Long Term Acceptance Rate (LTAR)
Considering the allowable application of the OWTS regulation 43 and CDPHE approved Distribution
Product for Unlined Sand Filter Technologies product:
WATER USE, OWNERSHIP AND WELL AGREEMENT THIS AGREEMENT, made and entered into this day of _______, 2024, by and between Anne U. Perry (“Perry”) and Keith Brand (“Brand”) (each a “Party” and collectively the “Parties”). WITNESSETH: WHEREAS, the Parties separately own two contiguous parcels in Carbondale, Colorado; and WHEREAS, the Perry Property is located at __________________________ (County Assessor Parcel ID ___________), and the Brand Property is located at __________________________ (County Assessor Parcel ID ___________) (collectively, the “Properties”) as more fully described on Exhibit A attached hereto; WHEREAS, the parties have agreed to share water supplies from the [Well Name] (“Well”) for the benefit of the Properties; WHEREAS, the Well has permit no. [______] and is permitted for a maximum pumping rate of 0.033 cubic feet per second (15 gallons per minute) for domestic use; WHEREAS, the Well is located on the _______ Property; WHEREAS, the depletions from the Well are augmented under Basalt Water Conservancy District Contract No. 811; WHEREAS, operation and use of the Well is subject to terms and conditions of this agreement; and WHEREAS, the Parties wish to perpetually burden their respective properties with these terms and conditions for utilization of water from the Well, and further wish to have the terms and conditions hereof run with the land. AGREEMENT NOW THEREFORE, for and in consideration of the mutual promises contained herein, the Parties agree as follows: 1. Recitals. Each recital set forth above is incorporated herein by this reference and made a part of this Agreement between the Parties as though set forth in full. 2. Right, Title, and Interest. The Parties agree that they each own an undivided one-half (1/2) interest in the Well together with the water and water rights, permits, licenses
WATER USE, OWNERSHIP AND WELL AGREEMENT
Page 2 of 8
and contracts, and any other interests appurtenant thereto, and the pump and related equipment necessary to produce water therefrom, and shall share the water supplied from the Well pursuant to this Agreement. 3. Utilization of Well. The Parties agree that they, their heirs, devisees, personal representatives, assigns, successors, occupants, and subsequent owners of the Properties shall be entitled to continue usage of the water produced by the Well upon the terms and conditions contained herein. a. At the execution of this Agreement, the Parties use the Well to supply domestic uses for a combined two single family residential dwellings and two accessory dwelling units (hereinafter “Existing Uses”). Unless changed through amendment to this paragraph 3.a, the use of water supplied from the Well shall be limited to the Existing Uses; said uses of said Well shall further be limited to those uses allowed under any well permit issued by the Colorado Division of Water Resources. b. No Party will increase its use of water supplied from the Well (hereinafter “Expanded Uses”) without first obtaining written consent from the other Party through an amendment to paragraph 3.a of this Agreement. A Party requesting consent for Expanded Uses shall demonstrate: (1) through an opinion prepared by a licensed professional water resource engineer, prepared after inspection of the Well and review of current hydrologic information, that the Well and its aquifer will provide a dependable water supply for both the Expanded Uses and all continuing Existing Uses; and (2) that the Expanded Uses will not inequitably limit the water supply available to the Party asked to provide consent for future, legally and physically feasible, redevelopment of its property. Subject to these requirements, and the payment by the Party requesting the Expanded Uses of all related costs and expenses, including attorney fees to amend this Agreement, consent will not be unreasonably withheld. c. The Parties shall share equally all expenses of operating, maintaining, repairing, improving and replacing said Well, including the costs of obtaining and maintaining a current well permit and associated filings with the Colorado Division of Water Resources, and the costs to obtain and utilize any needed augmentation or replacement water supplies or plans for augmentation. The Parties’ decision to share these expenses equally is made for their mutual convenience, but any of them may elect at any time to apportion these expenses in proportion to their actual respective use of water supplied from the Well. d. The cost of installing, repairing and/or replacing any delivery pipelines, equipment, or other infrastructure shall be borne by the Party or Parties benefitted by said improvements. e. All operation, maintenance, repairs, replacements, and improvements of shared
WATER USE, OWNERSHIP AND WELL AGREEMENT
Page 3 of 8
or commonly-used pipelines, equipment or other infrastructure associated with the Well shall be made by mutual agreement. In the event the Parties cannot mutually decide upon what improvement, operation, maintenance, repair, or replacement activities are necessary and proper, any Party may provide notice in writing of a list of repairs, improvements or replacements it believes need to be undertaken, together with a budget therefore. Unless the other Party objects in writing within fourteen (14) days of receipt of said Notice, consent to such shall be deemed conclusively given. In the event an objection is timely made, the Parties agree to mutually select one qualified professional engineer, pump installer, or well driller to make recommendations and a budget and to be bound by such recommendations and budget. 4. Reasonable Use / Shortage. The Parties agree that their respective usage of said Well shall always be reasonable and will each endeavor to limit their usage thereof to the amount reasonably necessary to supply the domestic uses on their respective properties described in paragraph 3.a above, including as may be modified pursuant to paragraph 3.b above. Any shortage in physical or legal supply of water produced through the Well shall be shared proportionately by the Parties and allocated first against any Expanded Uses as may be authorized through amendment under paragraph 3.b above, and then against the Existing Uses identified in paragraph 3.a above. 5. Electricity. The Parties agree that they are equally responsible for electric payments for the meter that serves the Well. If the Well is separately metered, each Party is responsible for one half (1/2) of the bill each month. If the Well is not separately metered, the Parties shall agree to a reasonable monthly rate to assign to the Well’s electrical use and share that cost equally. If the Parties cannot agree to said rate, they shall install a separate meter for the well and share equally the cost of its installation. 6. Replacement Well. In the event that the existing Well, for whatever reason, is required to be re-drilled at a location other than within the well easement described in Paragraph 7, below, the owner of the Property on which the new well will be located agrees to cooperate with the other Parties to select a replacement well site within said property on the basis of the best information available to the Parties for locating an adequate water supply. In the event the Parties relocate the Well outside of the well easement described below, each Party agrees to grant appropriate reciprocal easements for the new well site and delivery lines and to vacate the old easement described herein to the extent it is no longer necessary for the withdrawal and delivery of water. To the extent the Parties wish to continue to receive water from the Well, all costs of drilling and completing a new well, including well and pump installations, and equipment, shall be borne equally by the Parties. All costs of connection and running of new delivery lines from the relocated well site to the Parties’ individual properties, respectively, shall be borne separately by the Parties. 7. Payment for costs or repairs. In the event that amount due from a Party for any expense apportioned to it under this Agreement is not made within twenty (20) days after
WATER USE, OWNERSHIP AND WELL AGREEMENT
Page 4 of 8
receipt of Notice thereof, the other Parties, having paid their proportionate shares of said expense, may take such action as is necessary to discontinue the supply of water from the Well to the nonpaying Party until payment is received, and may exercise all other legal and equitable remedies available to enforce payment. A Party who, at any time with or without Notice and demand, pays any expense apportioned to the other Parties under this Agreement shall be entitled to reimbursement therefore. 8. Well Easement. _______, as owner of the property located at, _______, and on which the Well is located, hereby conveys and grants to _____, as owner of the property located at ________, a non-exclusive easement ten feet (10’) around the Well (10’ radius) and five feet (5’) in width on each side of a centerline which commences at the Well and proceeds in a course along the water delivery line installed across the ______ Property terminating at the shared boundary of the Perry Property and Brand Property. Said easement shall be for the purpose of access to, replacement of, and operation, maintenance and improvement of, the Well and buried delivery line from the Well to the _______ Property. 9. Legal Description. In the event any Party desires to clarify and confirm the legal description of the easement(s) conveyed herein and reduce said conveyance and legal description to writing, said Party may, at its sole option, have a legal description of said easement(s) prepared by a registered surveyor and prepare the appropriate conveyance document, which shall be executed by the Parties or their heirs. 10. Binding / Runs With The Land. The rights and obligations of each Party set forth herein shall run with the land and be appurtenant to the Properties and shall not be transferred separate and apart from said property. This Agreement and all its terms and conditions shall inure to the benefit of and be binding upon the heirs, successors, and assigns of the Parties. 11. Governing Law. For purposes of this Agreement, the Parties agree that it they shall submit to the jurisdiction of the Garfield County Courts (Colorado). 12. Attorney Fees. In the event that any Party is reasonably required to utilize the services of any attorney to initiate litigation and enforce any provision hereof, then the Party prevailing in such litigation, whether the Party initiating litigation or otherwise, shall be entitled to its reasonable attorney fees, court costs and all costs of such litigation, including, without limitation, costs of discovery. 13. Duration. The promises and covenants contained in this Agreement shall continue in full force and effect until amended or terminated by written instrument executed by all the owners of the Properties. 14. Notices. Notice to any Party required under this Agreement shall be delivered upon being placed in the United States mail, postage prepaid, to the address of the Party as shown in the office of the Garfield County Assessor, or upon hand delivery to the Party. 15. Counterparts. This Agreement may be executed and delivered in several
WATER USE, OWNERSHIP AND WELL AGREEMENT
Page 5 of 8
counterparts, each of which shall have the force and effect of the original. 16. Complete Agreement and Amendments. This Agreement constitutes the entire and complete agreement between the Parties concerning the subject matter hereof and supersedes all prior agreements, understandings, or communications between the parties (whether oral or written). This Agreement may not be amended except by an instrument in writing executed by the Parties hereto. Any additional details or requirements based on this Agreement shall be expressed in the exhibits attached hereto. The Parties acknowledge that one or more exhibits maybe completed after this Agreement is executed and that any such exhibit shall be valid. Provisions in this Agreement shall be deemed severable. The invalidity of any part of this agreement shall not affect the validity of the remainder of the Agreement. 17. Authority to Execute. By signing this Agreement, the Parties acknowledge and represent to one another that all procedures necessary to validly contract and execute this Agreement have been performed and that the persons signing for each Party have the authority to bind such party. 18. Recording. This Agreement shall be recorded in the office of the Garfield County Clerk and Recorder. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year first written above. ____________________ ______ ____________________ ______ By: Anne U. Perry Date By: Keith Brand Date Anne U. Perry ________________________________
STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Subscribed and sworn to before me this ______ day of ________, 2024, by Anne U. Perry.
WATER USE, OWNERSHIP AND WELL AGREEMENT
Page 6 of 8
WITNESS my hand and official seal. My commission expires: __________________________________________ Notary Public
WATER USE, OWNERSHIP AND WELL AGREEMENT
Page 7 of 8
Keith Brand _______________________________ STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Subscribed and sworn to before me this ______ day of ________, 2024, by Keith Brand. WITNESS my hand and official seal. My commission expires: __________________________________________ Notary Public
WATER USE, OWNERSHIP AND WELL AGREEMENT
Page 8 of 8
EXHIBIT A PERRY PROPERTY: A PARCEL OF LAND; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: _____________________________ ALSO DESCRIBED AS: 55 S. CEDAR STREET, CARBONDALE, CO BRAND PROPERTY: A PARCEL OF LAND, GARFIELD COUNTY, COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: _____________________________ ALSO DESCRIBED AS:
Sara M. Dunn
Direct Dial (970) 928-3467
sarad@balcombgreen.com
Andrea J. Hall
Direct Dial (970) 928-3462
ahall@balcombgreen.com
SERVING COLORADO SINCE 1953
818 Colorado Avenue | Post Office Box 790 | Glenwood Springs, Colorado 81602 | 970.945.6546 | BalcombGreen.com
May 14, 2024
Via Email:
John Leybourne, Planner III
Garfield County Community Development Department
108 8th Street, #401
Glenwood Springs, CO 81601
jleybourne@garfield -county.com
Re: Perry Minor Subdivision Application and Review – Mineral Interests
Dear John :
We write this letter to respond to your letter dated February 22, 2024, and
subsequent email on April 25, 2024 to Ms. Perry regarding her subdivision application
materials. Our office conducted additional mineral owner research for Assessor’s Parcel
Number 2393-284-11-005 (the “Property”).
The Garfield County Land Use and Development Code (“GCLUDC”) requires an
Applicant to provide notice to mineral owners in accordance with C.R.S. § 24-65.5-101, et
seq., “as such owners can be identified through records in the office of the Clerk and
Recorder or Assessor, or through other means.” GCLUDC 4 -101(E)(4). Section 24-65.5-
101 requires that an applicant notify a mineral estate owner who either (1) is identified as
such by the county tax assessor’s records; or (2) has filed in the Clerk and Recorder a
request for notification. If such records do not identify any mineral estate owners,
including their addresses of record, “the applicant shall be deemed to have acted in good
faith and shall not be subject to further obligations….” By this letter, the Applicant
certifies that mineral owners have been researched for the P roperty as required pursuant
to C.R.S. § 24-65.5-101, et seq, and Section 4-101 (E)(1)(b)(4) of the GCLUDC, as amended.
Our office conducted the following to research mineral interests on the Property:
1. Reviewed the current vesting deed for the Property;
Annie Perry
Perry Minor Subdivision
May 14, 2024
Page 2 of 2
SERVING COLORADO SINCE 1953
818 Colorado Avenue | Post Office Box 790 | Glenwood Springs, Colorado 81602 | 970.945.6546 | BalcombGreen.com
2. R eviewed the title commitment Ms. Perry ordered as part of her subdivision
planning and preparation;
3. R esearched the Garfield County Clerk and Recorder’s index of mineral owner
requests for notification per C.R.S. § 24-65.5-103(a)(I)(B) and confirmed that no
mineral owner for the Property has filed a request for notification ; and
4. Analyzed two United States Patents : (1) issued to Sarah F. Cooper and recorded
April 4, 1892 in Book 12 at Page 125, and (2) issued to Arthur L. Beardsley on April
2, 1901 recorded in Book 51 at Page 70 (the “Patents”).
Neither the title commitment, Garfield County Clerk and Recorder’s Office
records , nor vesting deed for the Property indicate any mineral interests are owned
separately from the surface estate. The Patents do not indicate that any mineral interests
were severed from the land by either the United States or Mr. Beardsley. This is supported
by the title commitment and Ms. Perry’s chain of title review.
Please do not hesitate to call with any questions.
Sincerely,
BALCOMB & GREEN, P.C.
By:
Sara M. Dunn
Andrea J. Hall
1620 Grand Avenue, Suite B
Glenwood Springs, CO 81601
Phone: 970-945-1169 Fax: 844-269-2759
www.titlecorockies.com
COMMITMENT TRANSMITTAL
Commitment Ordered By:
Owner
Inquiries should be directed to:
Authorized Officer or Agent
Title Company of the Rockies
1620 Grand Avenue, Suite B
Glenwood Springs, CO 81601
Phone: 970-945-1169 Fax: 844-269-2759
Commitment Number:0604645-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):Anne U. Perry
Property:55 S Cedar Street, Carbondale, CO 81623
Lot B, Block 11, Cooperton Townsite, Garfield County, Colorado
COPIES / MAILING LIST
Purchaser with contractual rights under a purchaser agreement
with the vested owner identified at item 4 below
Anne U. Perry
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.
Title Company of the Rockies maintains branch operations in Eagle, Garfield, Grand, Lake, Moffat (dba Northwest Title Company), Pitkin, Routt, and Summit Counties along with Front
Range coverage. Closing services are available for all Mountain Communities, throughout the State of Colorado, and on a nationwide basis. Experience the
Experience, www.titlecorockies.com
Page 1 of 1 February 28, 2024
10:35 AM
1620 Grand Avenue, Suite B
Glenwood Springs, CO 81601
Phone: 970-945-1169 Fax: 844-269-2759
www.titlecorockies.com
Commitment Ordered By:
Owner
Inquiries should be directed to:
Authorized Officer or Agent
Title Company of the Rockies
1620 Grand Avenue, Suite B
Glenwood Springs, CO 81601
Phone: 970-945-1169 Fax: 844-269-2759
Commitment Number:0604645-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):Anne U. Perry
Property:55 S Cedar Street, Carbondale, CO 81623
Lot B, Block 11, Cooperton Townsite, Garfield County, Colorado
TITLE CHARGES
These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums
for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges
related thereto.
If applicable, the designation of “Buyer” and “Seller” shown below may be based on traditional settlement practices in Garfield County,
Colorado, and/or certain terms of any contract, or other information provided with the Application for Title Insurance.
Owner’s Policy Premium:
Loan Policy Premium:
Additional Lender Charge(s):
Additional Other Charge(s):
Tax Certificate:
Total Endorsement Charge(s):
TBD Charge(s):
TOTAL CHARGES:
$0.00
$0.00
$250.00
$250.00
Title Company of the Rockies maintains branch operations in Eagle, Garfield, Grand, Lake, Moffat (dba Northwest Title Company), Pitkin, Routt, and Summit Counties along with Front Range
coverage. Closing services are available for all Mountain Communities, throughout the State of Colorado, and on a nationwide basis. Experience the Experience, www.titlecorockies.com
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
COMMITMENT FOR TITLE INSURANCE
Issued by
as agent for
Westcor Land Title Insurance Company
SCHEDULE A
Reference:Commitment Number: 0604645-C
1.Effective Date: February 16, 2024, 7:00
am
Issue Date: February 28, 2024
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:
Anne U. Perry
5. The Land is described as follows:
FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE
For Informational Purposes Only - APN: R040726 / 2393-284-11-005
Countersigned
Title Company of the Rockies, LLC
By:
Mike Mulligan
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 0604645-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:
Lot B,
Block 11,
RESUBDIVISION OF BLOCK 11 AND A PORTION OF SOPRIS AVENUE, TOWNSITE OF
COOPERTON, according to the Plat thereof filed August 21, 2002 as Reception No. 609325 and
Amended Plat filed October 8, 2003 at Reception No. 638286.
For each policy to be issued as identified in Schedule A, Item 2, the Company shall not be
liable under this commitment until it receives a specific designation of a Proposed Insured,
and has revised this commitment identifying that Proposed Insured by name. As provided in
Commitment Condition 4, the Company may amend this commitment to add, among other
things, additional exceptions or requirements after the designation of the Proposed Insured.
This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Westcor Land Title
Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy;
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: 0604645-C
COMMITMENT FOR TITLE INSURANCE
Issued by
Westcor Land Title Insurance Company
SCHEDULE B, PART I
Requirements
The following are the requirements to be complied with prior to the issuance of said policy or policies.
Any other instrument recorded subsequent to the effective date hereof may appear as an exception under
Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the
office of the clerk and recorded of the county in which said property is located.
All of the following Requirements must be met:
1. The Proposed Insured must notify the Company in writing of the name of any party not referred
to in this Commitment who will obtain an interest in the Land or who will make a loan on the
Land. The Company may then make additional Requirements or Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company.
4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be
insured, or both, must be properly authorized, executed, delivered, and recorded in the Public
Records.
NOTE: Please be advised that our search did not disclose any open Deeds of Trust of
record. If you should have knowledge of any outstanding obligation, please contact the Title
Department immediately for further review prior to closing.
Deed from Anne U. Perry to Purchaser with contractual rights under a purchaser agreement with5.
the vested owner identified at item 4 below.
NOTE: Duly executed real property transfer declaration, executed by either the Grantor or
Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No.
1288-CRA 39-14-102.
This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Westcor Land Title
Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy;
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: 0604645-C
THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF
THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GARFIELD
COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR
DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES,
AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY,
AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO
THE COMPANY.
NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND
UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL
BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR
NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES
UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND
SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF
INSURANCE.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title
Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy;
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: 0604645-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 4, 1892 in Book 12 at Page 125.
Right of way for ditches or canals constructed by the authority of the United States, as reserved in8.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title
Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy;
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: 0604645-C
United States Patent recorded April 2, 1901 in Book 51 at Page 70.
Terms, agreements, provisions, conditions and obligations as contained in Resolution No. 78-679.
recorded June 27, 1978 in Book 511 at Page 824.
Terms, agreements, provisions, conditions and obligations as contained in Access and Utility10.
Easement recorded February 16, 1999 at Reception No. 540423.
Easements, rights of way and all other matters as shown on the Plat of Resubdivision of Block 1111.
and a Portion of Sopris Avenue, Townsite of Cooperton, filed August 21, 2002 as Reception No.
609325 and Amended Plat filed October 8, 2003 at Reception No. 638286.
Terms, agreements, provisions, conditions and obligations as contained in Finding and Order12.
recorded April 7, 2023 at Reception No. 984853.
Terms, agreements, provisions, conditions and obligations as contained in Memorandum of13.
Water Allotment Contract recorded May 19, 2023 at Reception No. 985987.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title
Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy;
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: 0604645-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 7
Commitment No: 0604645-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 8
Commitment No: 0604645-C
Title Company of the Rockies
Disclosures
All documents received for recording or filing in the Clerk and Recorder's office shall contain a top
margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The Clerk
and Recorder will refuse to record or file any document that does not conform to the requirements of this
section. Pursuant to C.R.S. 30-10-406(3)(a).
The company will not issue its policy or policies of title insurance contemplated by this commitment
until it has been provided a Certificate of Taxes due or other equivalent documentation from the County
Treasurer or the County Treasurer's authorized agent: or until the Proposed Insured has notified or
instructed the company in writing to the contrary. Pursuant to C.R.S. 10-11-122.
No person or entity that provides closing and settlement services for a real estate transaction shalldisburse funds as a part of such services until those funds have been received and are available forimmediate withdrawals as a matter of right. Pursuant to C.R.S. 38-35-125(2).
The Company hereby notifies the proposed buyer in the current transaction that there may be recorded
evidence that the mineral estate, or portion thereof, has been severed, leased, or otherwise conveyed from
the surface estate. If so, there is a substantial likelihood that a third party holds some or all interest in the
oil, gas, other minerals, or geothermal energy in the subject property. Such mineral estate may include
the right to enter and use the property without the surface owner's permission. Pursuant to C.R.S.
10-11-123.
If this transaction includes a sale of property and the sales price exceeds $100,000.00, the seller mustcomply with the disclosure/withholding requirements of said section. (Nonresident withholding)Pursuant to C.R.S. 39-22-604.5.
Notice is hereby given that: The subject property may be located in a special taxing district. A Certificate
of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County
Treasurer's authorized agent. 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 C.R.S. 10-11-122.
Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulation 8-1-2;
"Gap Protection" -When this Company conducts the closing and is responsible for recording or filing
the legal documents resulting from the transaction, the Company shall be responsible for all matters
which appear on the record prior to such time or recording or filing; and
"Mechanic's Lien Protection" - If you are the buyer of a single family residence, you may request
mechanic's lien coverage to be issued on your policy of Insurance. If the property being purchased
has not been the subject of construction, improvements or repairs in the last six months prior to the
date of this commitment, the requirements will be payment of the appropriate premium and the
completion of an Affidavit and Indemnity by the seller. If the property being purchased was
constructed, improved or repaired within six months prior to the date of this commitment the
requirements may involve disclosure of certain financial information, payment of premiums, and
indemnity, among others. The general requirements stated above are subject to revision and approval
by the Company. Pursuant to C.R.S. 10-11-122.
Notice is hereby given that an ALTA Closing Protection Letter is available, upon request, to certain
parties to the transaction as noted in the title commitment. Pursuant to Colorado Division of Insurance
Regulation 8-1.
Nothing herein contained will be deemed to obligate the Company to provide any of the coverages
referred to herein unless the above conditions are fully satisfied.
Page 9
ALTA COMMITMENT FOR TITLE INSURANCE
issued by
WESTCOR LAND TITLE INSURANCE COMPANY
(ALTA Adopted 07-01-2021)
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, Westcor Land Title Insurance Company, a South Carolina Corporation (the “Company”), commits to issue
the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the
Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in
Schedule A both the specified dollar amount as the Proposed Amount of Insurance 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.
Issued By:
Title Company of the Rockies, LLC
1620 Grand Avenue, Suite B
Glenwood Springs, CO 81601
Phone: 970-945-1169
WESTCOR LAND TITLE INSURANCE
COMPANY
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; 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;
e.Schedule B, Part I—Requirements; and
f. Schedule B, Part II—Exceptions; and
g. a 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
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance
Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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.
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.
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.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance
Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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.
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 Westcor Land 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.
Anti-Fraud Statement
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.
This anti-fraud statement is affixed to and made a part of this policy.
Guffield CounQ
Community Development Department
February 22,2024
Anne Perry
88 Cedar Street
Carbondale, CO 81623
RE: Completeness Review Perry Minor Subdivision (MISA-01-24-8998)
Dear Anne:
Thank you for the detailed submittals that you have provided for your Minor Subdivision
application. Our completeness review includes input form the County Attorney's Office and
review of submittals as documented in your pre-application summary. Our review has
determined the following items need to be addressed prior to a determination of technical
completeness.
A current Title Commitment is requested by the County Attorney's office.
More information needs to be provided on the mineral interest such as estate transfers
to descendants.
A draft minor subdivision plat needs to be provided.
A well permit or a request for a waiver with justification will need to be submitted as well
as a water distribution plan if proposed.
The OWTS feasibility study dated November 17,2023, is marked as DRAFT and is not
signed. Please submit final signed study.
Once the above topics are addressed, we can schedule a date for your Directors Decision.
Please note that the Garfield County Land Use and Development Code requires that the
technical completeness issues be resolved within 60-days of the date of this letter, otherwise
the application will be deemed withdrawn unless a request for extension is submitted and
approved. Please feel free to contact me with any questions on the completeness topics noted
above or if you need clarification on any of the items.
John Leybourne
Planner lll
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