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HomeMy WebLinkAbout1.00 General Application MaterialsGurfield County
DIVISIONS OF LAND
APPLICATION FORMCommunity Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970l.s45-82L2
www.garfield-cou ntv.com
TYPE OF SUBDIVISION PTION
Minor Subdivision
Major Subdivision
Sketch Preliminary inal
Conservation Subd ivision
Yield ketc r' lf F'e liminary Fina I
l-l time Extension
INVOLVED PARTIES
Owner/Applicant
Name: r1q nru ctPo{wi-
f]f rglim119ry Plan Amendqqlt
Final Plat Amendment
Common lnterest Communi Subdivision
!,ubl i-91!o y nty nog{ spllt E1e m p_!io_n
Rural Land De_ve!op-me_nt Exemption
Basic Correction Exemption
Phone:q7a 71Lr- 0 6 l{
Mailing Address:?{z s1.Aaecoqct\ LANE
City:cAAAoNoAt/€State: co Zip Code:
ql{L3
E-mail ^o" @ fn owaLe , cott^
Representative (Authorization Required)
Name:Phone:
Mailing Address
City State: Zip Code:
E-mail
PROJECT NAME AND LOCATION
Project Name:
353 slqaq LoALr+ t4'.lE
Assessor's Parcel Number: 7 ?t 13 _e c t_t v 8L€
Physical/Street Add ress :g<9 sTAIQ coAolrl LkN€ , aff&8 0N04ti c0 glL?"l
.
Legal Description:<6 Towr.rsr-tt0 : 1 Q-$NU:I-' gg 'l,1r1tutf t{/N."&Aucg A'( PyA(LtNa
Follr<s t4\ : L(, \l Ack
Zone District: PAw</I A.( &oAa(N\ fr)lL? Pot,Property Size (acres)\1 960 .'F
Project Description
Proposed Use (From Use Tabte 3-403): PPtnnnPn FEst 0eruog
Lq(qOneu rc BarcD ,\r6e0 Lo15q6q teuV-< ftr'a[ SUN'W\|W
Existing Use:
Parking
p
Prop,os,9_{p_eyelopqg_[!
Land Use Type i
-l
Description of Project:
AR{^ R.E(rogNcEPt fv\
Area
{
I
I
# of Lots # of Units Acreage
Single Family
Duplex
Qga,logu 6rt(rr a l,bryrg: l.
Multi-Family
Open Space
Commercial
inausirial
Other
Total
REQUEST FOR WAIVERS
Submission Requirements
tr The Applicant requesting a Waiver of Subrnission Requirernerrts per Section 4-202. List:
Section
Section
Section
Section
Section:
Section:
Waiver of Standards
tr The Applicant is requesting a Waiver of Standards per Section 4-118. List:
Section
Section
I have read the statements above and have provided the required attached information which is
correct and to the best of my knowledge.
7\1- c r,, 7.r"vl
Signature of Prope Owner or Authorized Representative, Iitle Date
OFFICIAL USE ONLY
FireNumbe*E-P AA gAAy Fee Paid: S lut,w
My name is Juan Grobter, and I am the owner of 353 Stagecoach Lane, Carbondate, Co
81623. This property is a singte-famity primary residence and I have been working with
Gtenn Hartman to obtain a 1O-foot variance into a 20-foot utitity and drainage easement
that sits within my property [ine, so that I can remodel my home and construct some
exterior decks and a sunroom. To do so I need an amended ptat, that woutd reftect the
variance and amend the pLat to reftect a 10 ft versus 20 ft easement atong the West side of
the property and a portion of the current easement. Pursuant to the Ranch at Roaring Fork,
Phase V Finat Ptat (Residential. parcet V), recorded in Garfietd County, Cotorado on Juty 7th,
1976, at Reception No. 273384, a 2O-foot-wide utitity and drainage easement was
dedicated to the Association atong the Western boundary of the Lot and it has been agreed
to change that to 10 feet by the association to attow the proposed construction. I have
atready been granted approvaI to do this by the HOA at Ranch at Roaring Fork.
There is atready an otd grandfathered in fence, that came with the property when I bought it
bacl< in 2OOO, which atso lies within this easement. Our goaI is to stitt maintain a setback of
10 feet and buitd a sunroom where this fence sits currentty.
Gtenn Hartman had said that this woutd be an HOA (Ranch at Roaring Fork) board decision
to change the pl,at and reduce the easement to 10 feet atong the Western border, as it is
their easement. We checked that there are no utitities that tie within this space and there is
atso no drainage that needs to be of concern in there. The attering of this easement witt not
resutt in any changes to drainage, access, utitity services, and any other appl.icabte
Subdivision and Articte 7 topics. I subsequentty had the Ranch at Roaring Fork Board
approve and agree to the remodel and proposed ptans atongwith buitding into this
easement and they have granted me this variance atong with having the easement reduced
to 10 feet. The HOA then had a Legat tetter drafted entitted "lmprovement variance and
indemnification agreement" per Gtenn's request (lnctuded in my apptication package).
The amended Ptat witt compty with access and usage of utitities on both parcets of tand.
Many thanks for your consideration.
,4rft
Jua n Grobter - Cett (97 0)-27 4-061 5
1
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
PRE-APPLICATION
CONFERENCE SUMMARY
TAX PARCEL NUMBER: 239336116025 DATE: July 22, 2024
PROJECT: Ranch of Roaring Fork Amended Final Plat
OWNERS: Juan Grobler
PRACTICAL LOCATION: 353 Stagecoach Road, Carbondale, CO
TYPE OF APPLICATION: Administrative Review
ZONING: PUD
COMPREHENSIVE PLAN: Carbondale’s 3-Mile Areas of Influence, Residential Medium High
I. GENERAL PROJECT DESCRIPTION
The applicant owns parcel 23 9336116025 and proposes to reduce the utilities and drainage easement on the west
side of the parcel from 20 feet to 10 feet. Currently a fence is in the easement but will be replaced by a covered
deck. Neither utility lines are affected in the easement. Utility lines are located inside the adjacent parcel owned
by the HOA.
According to information found on the Assessor’s site, the parcel is in the Ranch of Roaring Fork PUD. The parcel
was platted in 1976 as part of the Ranch at Roaring Fork Phase V Final Plat, Lot 25 (Reception #273384). Reach
out to staff for any questions. A copy of the Land Use and Development Code (LUDC) can be found here:
https://www.garfield-county.com/community-development/land-use-code/
This application is an administrative review of an Amended Final Plat. The process as follows:
• This application will need 3 physical copies to be delivered to the County.
• There will be a Determination of Completeness when all documents are received.
• Notification residents in a 200 ft radius surrounding the property, using the County’s Land Explorer. See
Section 4-101.E.b in LUDC. Staff will let applicant know when to send out notification. Instructions on
sending mineral rights notification will also be attached.
• A Director’s decision will be made and will inform the applicant and BOCC of the approval.
Applicants must complete all documents for the application to proceed. A full list of submittal requirements is listed
below, including a flow chart of the review process.
2
II. COMPREHENSIVE PLAN
The comprehensive plan identifies the area as Residential Medium High and it is within Carbondale’s 3 mile area
of influence.
III. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS
The following Sections of the Garfield Land Use and Development Code as amended apply to the Application:
• Garfield County Comprehensive Plan 2030 as amended.
• Garfield County Land Use and Development Code as amended.
o Section 5-305 Amended Final Plat Review and Review Criteria
o Table 5-103 Common Review Procedures and Required Notice
o Table 5-401 Submittal Requirements
o Section 5-402 Description of Submittal Requirements including Final Plat
o Section 4-103 Administrative Review and Section 4-1-1 Common Review Procedures
o Provisions of Article 7, Articles 1, 2, 3 and 4, including site planning and subdivision standards.
IV. SUBMITTAL REQUIREMENTS
As a convenience outlined below is a list of information typically required for this type of application. Table 5-401
outlines the specific application submittal criteria. The following list can function as a checklist for your submittal.
Submit three paper copies and one digital of all application materials. Additional copies will be requested upon
determination of completeness. See the land use code for additional information on submittal requirements.
General Application Materials
o Signed Application Form
o Title Commitment
o Signed Payment Agreement Form (see attached) and application fees.
o Proof of ownership (copy of deed, title work) and information on any lien holders.
o A narrative describing the request and related information (use existing cover letter from building
permit application).
o Names and mailing addresses of properties within 200 feet of the subject property.
o Mineral rights ownership for the subject property (demonstrated through a search of Clerk and
Recorders database and/or Assessor database, memo attached).
o If the owner is an entity or trust, a recorded Statement of Authority, authorizing a person to
encumber the property.
o If the applicant is a representative of the owner, a letter of authorization to represent is needed.
o A copy of the Pre-application Summary needs to be submitted with the Application.
Vicinity Map including areas within approximately 3 miles.
The Proposed Amended Final Plat according to 5-402.F. Final Plat including easements.
A copy of the Ranch at Roaring Fork Phase V Final Plat.
A copy of the Improvement Variance and Indemnification Agreement.
All required certificates (signature blocks) shall be included on the plat.
If there are improvements on the property, improvement location information/survey information shall be
provided to confirm that no non-conforming conditions will result from the amended plat.
An Improvements Agreement or waiver should be included with the request.
3
The Application should include a statement that the amendment will not result in any changes to
drainage, access, utility services, and any other applicable Subdivision and Article 7 topics.
Amended Final Plat should comply with access and usage of utilities on both parcels.
Community Development Staff is available to meet with the Applicant to provide additional information and
clarification on any of the submittal requirements and waiver requests.
V. REVIEW PROCESS
The Application may be “Called-Up” for review by the Director and the Board of County Commissioners. In
addition, the Applicant and any affected Adjacent Property Owner can request a Call-Up for review by the Board
in accordance with the procedures and review process contained in Section 4-112.
Staff will review the application for completeness prior to requesting referral agencies to provide additional
technical review. Staff will prepare a report based on received comments and their review of the application.
Public Hearing(s): X No Public Hearing, Directors Decision (with notice per code)
Planning Commission
4
Board of County Commissioners
Board of Adjustment
Referral Agencies may include but are not limited to: Garfield County Surveyor, Garfield County Attorney’s Office,
Garfield County Assessor’s Office
VI. APPLICATION REVIEW FEES
Planning Review Fees: $100
Referral Agency Fees: $ N/A
Total Deposit: $100(additional hours are billed at hourly rate of $40.50)
VII. GENERAL APPLICATION PROCESSING
The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on
current zoning, which is subject to change in the future, and upon factual representations that may or may not be
accurate. This summary does not create a legal or vested right. The summary is valid for a six-month period, after
which an update should be requested. The Applicant is advised that the Application submittal once accepted by
the County becomes public information and will be available (including electronically) for review by the public.
Proprietary information can be redacted from documents prior to submittal.
Pre-application Summary Prepared by:
July 22, 2024
Heather MacDonald, Planner I Date
Garfield County
PAYMENT AGREEMENT FORM
GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT")faer.l Cato9,veL
agree as follows:
J,. The Applicant has submitted to the County an application for the following Project:
3{3 S.rfla €cortcvl LAr.rg : EEft\coW
2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as
amended, establishes a fee schedule for each type application, and the guidelines for the
administration of the fee structure.
3. The Applicant and the County agree that because of the size, nature or scope of the
proposed project, it is not possible at this time to ascertain the full extent of the costs
involved in processing the application. The Applicant agrees to make payment of the Base
Fee, established for the Project, and to thereafter permit additional costs to be billed to the
Applicant. The Applicant agrees to make additional payments upon notification by the
County, when they are necessary, as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioners for the
consideration of an application or additional County staff time or expense not covered by
the Base Fee. lf actual recorded costs exceed the initial Base Fee, the Applicant shall pay
additional billings to the County to reimburse the County for the processing of the Project
The Applicant acknowledges that all billing shall be paid prior to the final consideration by
the County of any Land Use Change or Division of Land.
I hereby agree to pay all fees related to this application:
Billing Contact Person lTa*r.l AP09lr6:L Phone:1'ro L1\- o,ts
Billing Contact Address:3f3 s1hhucoftcH LANE
City: Cft(Z60ru9 QtE , state: co Zip Code:6 1 113.
Billing Contact Email UAA rial eitzp . coM
Printed Name of orized to Sign:Jr{nrq QPsBwz
0 ) -24- Lt< _
ture)(Date)
Garfield County
CERTIFICATION OF MINERAL OWNER RESEARCH
This form is to be completed ond submitted with ony applicotion for o Land Use Change Permit.
Mineral interests may be severed from surface right interests in real property. C.R.S. S 24-65.5-tDt, et seq,
requires notification to mineral owners when a landowner applies for an application for development from a
local government. As such, the landowner must research the current owners of mineral interests for the
property.
The Garfield County Land Use and Development Code of 2013 ('LUDC") Section 4-L01(EX1)(b)(4) requires
written notice to owners of mineral interests in the subject property in accordance with C.R.S. 5 24-65.5-10!,
et seq, "as such owners can be identified through the records in the office of the Clerk and Recorder or
Assessor, or through other means." This form is proof of applicant's compliance with the Colorado Revised
Statutes and the LUDC.
The undersigned applicant certifies that mineral owners have been researched for the subject property as
required pursuant to C.R.S. S 24-65.5-1Ot, et seq, and Section 4-101 (EX1)(bX4) of the Garfield County Land
Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies
the following (Pteose initial on the blonk line next to the stdtement that accurotely reflects the result of
research):
-!- t own the entire mineral estate relative to the subject property; or
-
Minerals are owned by the parties listed below:
The names and addresses of any/all mineral owners identified are provided below (attach additional pages
as necessary):
Name of Mineral Owner Mailing Address of Mineral Owner
I acknowfedge I reviewed C.R.S. I 24-55.5-1Ot, et seq, and I am in compliance with said statute and
the LUDC.
Applicant's Signature Date
07- LQ-Lq
Sundan lu$ 2a,2024 at 12:05:O8 Mountain Daytight Time
Subject: RRF
Date: Friday,Juty26, 2024at4:27:15PM Mountain DaylightTime
From: manager@ranchatroaringfork.com
To: Juan Grobter
CC: RRF Office
Attac h me nts: RRF-Second-Amended-Dec la rati on. pdf
Hi Juan,
Sorry we missed your call. Please see the attached Declarations at Section 6.9(o) on page 16 for
Association information regarding minerals. This is the only mineral information we are aware of. Please
contact the Ranch office if you have any questions.
Thank you,
Ranch at Roaring Fork HOA
L49!3 Highway 82
Carbondale, CO 81623
970-963-3s00
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Physical Address 353STAGECOACH LN
CARBONDALE 81623
Mailint Address 353 STAGECOACH tANE
CARBONDALE, CO 81623
Account R011720
Owner GROBLER. JUAN
Land Acrei0.41
2024 Mill Levy 72.5180
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PETTEIBRIAN
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Results
38OSTAGECOACH
LNCARBONDAIE
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239336100001
239361m05
239336116001
239336176402
239336116003
239335116004
239336776022
239336776023
239336176424
GRBONDALE
RANCH ATROARING
FORKHOMEOWNERS
NSOCtATION. tNC
1491382 HWY
CARBONDAI F
RANCHATROARING
FORK HOMEOWN€RS
ASSOCTATTON INC
3125TAGECOACH
LN CARBONOALE HOPFENBECK.RUTH A
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Physical Address 353STAGECOACH LN
CARBONDALE 81623
Mailint Address 353 STAGECOACH tANE
CARBONDALE, CO 81623
Account R011720
Owner GROBLER. JUAN
Land Acrei0.41
2024 Mill Levy 72.5180
Plll23qrt6116025
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GROEL€R,JUAN2393361t&25 353 fAGECOACH LN
CARMNDALE
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Garfreld County Colorado Land Explorer 00ao@ a@
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Physical Address 353 STAGECOACH LN
CARBONDALE81623
Mailing Addrcss 353 STAGECOACH LANE
CARBONDALE, CO 81623
Owner GROBLER, JUAN
Land 4cr60.41
2021 Mill Levy 72.57aO
PIN 23t336116t)25 xg!s?rt_ grlt EFIq EEn
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711 E. Valley Rd, Unit 201B
Basalt, CO 81621
Phone: 970-366-4111 Fax: 970-672-1576
www.titlecorockies.com
Commitment Ordered By:
Kerri Carver
Academy Mortgage
Inquiries should be directed to:
Priscilla Cooper
Title Company of the Rockies
711 E. Valley Rd, Unit 201B
Basalt, CO 81621
Phone: 970-366-4111 Fax: 970-672-1576
Commitment Number:7000672-C
Borrower's Name(s):Juan Grobler and Merrill Johnson
(Refinance)
Property:353 Stagecoach Lane, Carbondale, CO 81623
Ranch at Roaring Fork #5, Lot 25, Garfield County, CO
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.
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:
$900.00
$900.00
Service Beyond Expectation in Colorado for: Eagle, Garfield, Grand, Pitkin and Summit Counties. (Limited Coverage: Jackson, Lake, Park and Routt Counties)
Locations In: Avon/Beaver Creek, Basalt, Breckenridge, Grand Lake and Winter Park. (Closing Services available in Aspen and Glenwood Springs).
CM-2 (ALTA Commitment for Title Insurance (6-17-06)(WLTIC Edition (9/26/07)
ALTA Commitment For Title Insurance (Adopted 06-17-06) (Revised 08-01-2016)
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
WESTCOR LAND TITLE INSURANCE COMPANY
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE
TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY
INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN
CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE,
LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE.
THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE,
INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, 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 Policy
Amount and the name of the Proposed Insured.
If all of the Schedule B, Part I—Requirements have not been met within six (6) months after the Commitment
Date, this Commitment terminates and the Company’s liability and obligation end.
IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate
name and seal to be hereunto affixed and by these presents to be signed in facsimile under authority of its
by-laws, effective as of the date of Commitment shown in Schedule A.
Issued By:
WESTCOR LAND TITLE INSURANCE COMPANY
Title Company of the Rockies, LLC
10 W Beaver Creek Blvd., Suite 221, PO Box
980
Avon, CO 81620-0980
Phone: (970) 949-9497
CONDITIONS
The term mortgage, when used herein, shall include deed of trust, trust deed, or other1.
security instrument.
If the proposed Insured has or acquired actual knowledge of any defect, lien,2.
encumbrance, adverse claim or other matter affecting the estate or interest or
mortgage thereon covered by this Commitment other than those shown in Schedule B
hereof, and shall fail to disclose such knowledge to the Company in writing, the
Company shall be relieved from liability for any loss or damage resulting from any
act of reliance hereon to the extent the Company is prejudiced by failure to so
disclose such knowledge. If the proposed Insured shall disclose such knowledge to
the Company, or if the Company otherwise acquires actual knowledge of any such
defect, lien, encumbrance, adverse claim or other matter, the Company at its option
may amend Schedule B of this Commitment accordingly, but such amendment shall
not relieve the Company from liability previously incurred pursuant to paragraph 3
of these Conditions and Stipulations.
Liability of the Company under this Commitment shall be only to the named3.
proposed Insured and such parties included under the definition of Insured in the
form of policy or policies committed for and only for actual loss incurred in reliance
hereon in undertaking in good faith (a) to comply with the requirements hereof, or
(b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate
or interest or mortgage thereon covered by this Commitment. In no event shall such
liability exceed the amount stated in Schedule A for the policy or policies committed
for and such liability is subject to the insuring provisions and Conditions and
Stipulations and the Exclusions from Coverage of the form of policy or policies
committed for in favor of the proposed Insured which are hereby incorporated by
reference and are made a part of this Commitment except as expressly modified
herein.
This Commitment is a contract to issue one or more title insurance policies and is not4.
an abstract of title or a report of the condition of title. Any action or actions or rights
of action that the proposed Insured may have or may bring against the Company
arising out of the status of the title to the estate or interest or the status of the
mortgage thereon covered by this Commitment must be based on and are subject to
the provisions of this Commitment.
The policy to be issued contains an arbitration clause. All arbitrable matters when5.
the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Insured as the exclusive remedy of the parties. You may
review a copy of the arbitration rules at< http://www.alta.org/>.
Westcor Land Title Insurance Company
Joint Notice of Privacy Policy
of
Westcor Land Title Insurance Company
and
Title Company of the Rockies, LLC
Westcor Land Title Insurance Company (“WLTIC”) and Title Company of the Rockies, LLC value their customers and are
committed to protecting the privacy of personal information. In keeping with that philosophy, we each have developed a Privacy
Policy, set out below, that will endure the continued protection of your nonpublic personal information and inform you about the
measures WLTIC and Title Company of the Rockies, LLC take to safeguard that information. This notice is issued jointly as a
means of paperwork reduction and is not intended to create a joint privacy policy. Each company’s privacy policy is separately
instituted, executed, and maintained.
Who is Covered
We provide our Privacy Policy to each customer when they purchase a WLTIC title insurance policy. Generally, this means that
the Privacy Policy is provided to the customer at the closing of the real estate transaction.
Information Collected
In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic personal
information directly from the customer, from customer-related transactions, or from third parties such as our title insurance agent,
lenders, appraisers, surveyors and other similar entities.
Access to Information
Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform their
jobs. These employees include, but are not limited to, those in departments such as closing, legal, underwriting, claims and
administration and accounting.
Information Sharing
Generally, neither WLTIC nor Title Company of the Rockies, LLC shares nonpublic personal information that it collects with
anyone other than those individuals necessary needed to complete the real estate settlement services and issue its title insurance
policy as requested by the consumer. WLTIC or Title Company of the Rockies, LLC may share nonpublic personal
information as permitted by law with entities with whom WLTIC or Title Company of the Rockies, LLC has a joint marketing
agreement. Entities with whom WLTIC or Title Company of the Rockies, LLC have a joint marketing agreement have agreed
to protect the privacy of our customer’s nonpublic personal information by utilizing similar precautions and security measures as
WLTIC and Title Company of the Rockies, LLC use to protect this information and to use the information for lawful purposes.
WLTIC or Title Company of the Rockies, LLC, however, may share information as required by law in response to a subpoena,
to a government regulatory agency or to prevent fraud.
Information Security
WLTIC and Title Company of the Rockies, LLC, at all times, strive to maintain the confidentiality and integrity of the personal
information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical,
electronic and procedural safeguards in compliance with federal standards to protect that information.
The WLTIC Privacy Policy can be found on WLTIC ’s website at www.wltic.com
COMMITMENT FOR TITLE INSURANCE
Issued by
as agent for
Westcor Land Title Insurance Company
SCHEDULE A
Reference:Commitment Number: 7000672-C
1.Effective Date: February 26, 2021, 7:00 am Issue Date: March 11, 2021
2.Policy (or Policies) to be issued:
ALTA Loan Policy (6-17-06)Policy Amount:$480,000.00
Premium:$900.00
Proposed Insured:Academy Mortgage Corporation, its Successors and/or Assigns as their
interests may appear
3.The estate or interest in the land described or referred to in this Commitment is Fee Simple.
4.The Title is, at the Commitment Date, vested in:
Juan Grobler
5.The land referred to in this Commitment is described as follows:
FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE
For Informational Purposes Only - APN: R011720
Countersigned
Title Company of the Rockies, LLC
By:
Mike Mulligan
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I-Requirements; and Schedule B, Part II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule A
Page 1
Commitment No: 7000672-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 25,
RANCH AT ROARING FORK, according to the Plat thereof filed July 07, 1976 as Reception No. 273384.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I-Requirements; and Schedule B, Part II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule A
Page 2
Commitment No: 7000672-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.
Release by the Public Trustee of Garfield County of the Deed of Trust from Juan Grobler for the5.
use of Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Affiliated
Financial Group, Inc., to secure $314,000.00, dated April 24, 2007, and recorded May 02, 2007
as Reception No. 722496.
NOTE: Subordination Agreement recorded January 28, 2009 as Reception No. 762238, given in
connection with the above Deed of Trust.
NOTE: Subordination Agreement recorded February 02, 2009 as Reception No. 762569, given in
connection with the above Deed of Trust.
Release by the Public Trustee of Garfield County of the Deed of Trust from Juan Grobler and6.
Deborah Grobler for the use of Mortgage Electronic Registration Systems, Inc., acting solely as
nominee for Affiliated Financial Group, Inc., to secure $245,000.00, dated January 21, 2009, and
recorded February 02, 2009 as Reception No. 762568.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I-Requirements; and Schedule B, Part II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule B - Part I
Page 3
Commitment No: 7000672-C
Release by the Public Trustee of Garfield County of the Deed of Trust from Juan Grobler and7.
Deborah Grobler for the use of Mortgage Electronic Registration Systems, Inc., acting solely as
nominee for Citibank, N.A., to secure $229,724.00, dated January 30, 2013, and recorded
February 08, 2013 as Reception No. 831156.
Deed from Juan Grobler to Juan Grobler and Merrill Johnson.8.
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
- C.R.S. 39-14-102.
Deed of Trust from Juan Grobler and Merrill Johnson to the Public Trustee of Garfield County9.
for the use of Academy Mortgage Corporation to secure $480,000.00.
The Mortgage Policy, when issued, will not contain Exceptions No. 1, 2, 3 and 4, and will contain
Endorsement Form 100, 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, and
(B) Applicable scheduled charges in the amount of $0.00 are paid to the Company or its
duly authorized agent.
The Mortgage Policy, when issued, will contain the following Endorsement Form(s), provided
that applicable scheduled charges in the amount(s) following each endorsement are paid to the
Company or its duly authorized agent.
ALTA 5.1 $0.00
ALTA 8.1 $0.00
24-month Chain of Title: The only conveyance(s) affecting said land recorded within the 24
months preceding the date of this commitment is (are) as follows:
QUIT CLAIM DEED recorded July 27, 2020 as Reception No. 939110.
SPECIAL WARRANTY DEED recorded January 28, 2009 as Reception No. 762236.
QUIT CLAIM DEED recorded July 21, 2004 as Reception No. 656374.
NOTE: If no conveyances were found in that 24 month period, the last recorded conveyance
is reported. If the subject land is a lot in a subdivision plat less than 24 months old, only the
conveyances subsequent to the plat are reported.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I-Requirements; and Schedule B, Part II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule B - Part I - continued
Page 4
Commitment No: 7000672-C
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
IN SUCH RECORDS SUBSEQUENT TO THE EFFECTIVE DATE HEREOF.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I-Requirements; and Schedule B, Part II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule B - Part I - continued
Page 5
Commitment No: 7000672-C
SCHEDULE B, PART II
Exceptions
THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION,
OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT
TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR
LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION,
SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR
NATIONAL ORIGIN.
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless
the same are disposed of to the satisfaction of the Company.
Any loss or damage, including attorney fees, by reason of the matters shown below:
Any facts, right, interests, or claims which are not shown by the Public Records but which 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.
Any and all recorded rights of way and easements including, but not limited to the following:7.
roads, highways, ditches, creeks, laterals, canals, reservoirs, drainage ways, flumes, pipelines,
utilities, guy line/anchors, railroads, aircraft overflight, power and telephone lines.
All Restrictions, Covenants, Declarations, Conditions, Leases, Agreements and Mineral8.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I-Requirements; and Schedule B, Part II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule B - Part II
Page 6
Commitment No: 7000672-C
Reservations of record, and any modification thereof, if any.
Water rights or claims of title to water.9.
Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the10.
issuance thereof.
Any loss or damage due to or resulting from any and all outstanding dues and/or assessments11.
levied by the Homeowners Association.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I-Requirements; and Schedule B, Part II-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule B - Part II - continued
Page 7
Commitment No: 7000672-C
DISCLOSURE STATEMENTS
Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, requires that
"Every Title entity shall be responsible for all matters which appear of record prior to the time of recording
whenever the Title entity conducts the closing and is responsible for recording or filing of legal documents resulting
from the transaction which was closed.” (Gap Protection)
Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Policy to be
issued hereunder upon compliance with the following conditions:
The Land described in Schedule A of this commitment must be a single-family residence, which includes a1.
condominium or townhouse unit.
No labor or materials may have been furnished by mechanics or materialmen for purpose of construction on2.
the Land described in Schedule A of this Commitment within the past 13 months.
The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's3.
and materialmen's liens.
Any deviation from conditions A though C above is subject to such additional requirements or Information4.
as the Company may deem necessary, or, at its option, the Company may refuse to delete the exception.
Payment of the premium for said coverage.5.
Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.:
The subject real property may be located in a special taxing district;(i)
A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the(ii)
County Treasurer's authorized agent; and
Information regarding special districts and the boundaries of such districts may be obtained from the(iii)
County Commissioners, the County Clerk and Recorder, or the County Assessor.
Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the
disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident withholding).
Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given:
(a) If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the
surface estate then there is a substantial likelihood that a third party holds some or all interest in oil, gas,
other minerals, or geothermal energy in the property, and
(b) That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
Note 6: Effective September 1, 1997, C.R.S. §30-10-406 requires that all documents received for recording or filing
in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of
at least one-half inch the clerk and recorder may refuse to record or file any document that does not conform.
Note 7: Our Privacy Policy:
We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we
have been authorized by the customer, or are required by law.
Note 8: Records:
Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and records
sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not
less than seven (7) years, except as otherwise permitted by law.
Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that “A title entity shall not earn interest on
fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned.
Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any
administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be
made at any time up to and including closing.”
Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional
services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such
Page 8
purpose(s).
Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional
service may exceed any such interest earned.
Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable
(e.g., any money over any administrative fees involved in figuring the amounts earned).
Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that “Until a title entity receives written
instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with
the following:
The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a1.
fiduciary capacity.
The title entity shall use any funds designated as “earnest money” for the consummation of the transaction2.
as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise
provided in this section. If the transaction does not close, the title entity shall:
Release the earnest money funds as directed by written instructions signed by both the buyer and seller;(a)
or
If acceptable written instructions are not received, uncontested funds shall be held by the title entity for(b)
180 days from the scheduled date of closing, after which the title entity shall return said funds to the
payor.
In the event of any controversy regarding the funds held by the title entity (notwithstanding any termination3.
of the contract), the title entity shall not be required to take any action unless and until such controversy is
resolved. At its option and discretion, the title entity may:
Await any proceeding; or(a)
Interplead all parties and deposit such funds into a court of competent jurisdiction, and recover court(b)
costs and reasonable attorney and legal fees; or
Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons(c)
and complaint or claim (between buyer and seller), containing the case number of the lawsuit or
lawsuits, within 120 days of the title entity's written notice delivered to the parties, title entity shall
return the funds to the depositing party.”
Page 9
Commitment No: 7000672-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 shall disburse funds as a
part of such services until those funds have been received and are available for immediate withdrawals as a matter ofright. Pursuant to C.R.S. 38-35-125(2).
The Company hereby notifies the proposed buyer in the current transaction that there may be recorded evidence that
the mineral estate, or portion thereof, has been severed, leased, or otherwise conveyed from the surface estate. If so,
there is a substantial likelihood that a third party holds some or all interest in the oil, gas, other minerals, or
geothermal energy in the subject property. Such mineral estate may include the right to enter and use the property
without the surface owner's permission. Pursuant to C.R.S. 10-11-123.
If this transaction includes a sale of property and the sales price exceeds $100,000.00, the seller must comply with thedisclosure/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 authorizedagent. 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 10
711 E. Valley Rd, Unit 201B
Basalt, CO 81621
Phone: 970-366-4111 Fax: 970-672-1576
www.titlecorockies.com
Academy Mortgage Corporation
Attn: Post Closing/Final Documents
339 West 13490 South
Draper, UT 84020
May 21, 2021
Our File Number:7000672-M
Your Loan Number:5909892
Borrowers Names(s):Juan Grobler
Property:353 Stagecoach Lane, Carbondale, CO 81623
Ranch at Roaring Fork #5, Lot 25, Garfield County, CO
To whom it may concern,
Enclosed please find our Loan Policy of Title Insurance Number LP-13-011466412, issued by The Title
Company of the Rockies, Inc, as authorized agent for Westcor Land Title Insurance Company.
We appreciate the opportunity to participate with you in this transaction. Should you have any questions
or concerns, please feel free to contact me at the telephone number referenced above.
With best regards,
Priscilla Cooper
Priscilla Cooper
Escrow Officer
Enclosure: Loan Policy of Title Insurance
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).
POLICY NO. LP-13-011466412
ALTA (6-17-06) LOAN POLICY
ISSUED BY
WESTCOR LAND TITLE INSURANCE COMPANY
Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must
be given to the Company at the address shown in Section 17 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE
B, AND THE CONDITIONS, WESTCOR LAND TITLE INSURANCE COMPANY, a South Carolina corporation (the "Company")
insures as of Date of Policy and, to the extent stated in Covered Risks 11, 13, and 14, after Date of Policy, against loss or damage, not
exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;(i)
failure of any person or Entity to have authorized a transfer or conveyance;(ii)
a document affecting Title not properly created, executed, witnessed, sealed, acknowledged,
notarized, or delivered;
failure to perform those acts necessary to create a document by electronic means authorized by law;(iv)
a document executed under a falsified, expired, or otherwise invalid power of attorney;(v)
a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts(vi)
by electronic means authorized by law; or
a defective judicial or administrative proceeding.(vii)
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed
by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing
improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements
located an adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building
and zoning) restricting, regulating, prohibiting, or relating to
the occupancy, use, or enjoyment of the Land;(a)
the character, dimensions, or location of any improvement erected on the Land;(b)
the subdivision of land; or(c)
environmental protection(d)
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to
enforce, but only to the extent of the violation or enforcement referred to in that notice.
COVERED RISKS Continued on next page
IN WITNESS WHEREOF, WESTCOR LAND TITLE
INSURANCE COMPANY has caused this policy to be signed
and sealed as of the Date of Policy shown in Schedule A.
Issued By: Title Company of the Rockies, LLC
WESTCOR LAND TITLE INSURANCE COMPANY
LP-I3 ALTA 6-17-06 Loan Policy (WLTIC Edition 12/1/17)
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the
enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that
notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. The invalidity or unenforceability of the lien of the Insured Mortgage upon the Title. This Covered Risk includes but is not limited to insurance
against loss from any of the following impairing the lien of the Insured Mortgage
forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;(a)
failure of any person or Entity to have authorized a transfer or conveyance;(b)
the Insured Mortgage not being properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered;(c)
failure to perform those acts necessary to create a document by electronic means authorized by law;(d)
a document executed under a falsified, expired, or otherwise invalid power of attorney;(e)
a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means(f)
authorized by law; or
a defective judicial or administrative proceeding.(g)
10. The lack of priority of the lien of the Insured Mortgage upon the Title over any other lien or encumbrance.
11. The lack of priority of the lien of the Insured Mortgage upon the Title
(a) as security for each and every advance of proceeds of the loan secured by the Insured Mortgage over any statutory lien for services, labor, or
material arising from construction of an improvement or work related to the Land when the improvement or work is either
contracted for or commenced on or before Date of Policy; or(i)
contracted for, commenced, or continued after Date of Policy if the construction is financed, in whole or in part, by proceeds of the(ii)
loan secured by the Insured Mortgage that the Insured has advanced or is obligated on Date of Policy to advance; and
(b) over the lien of any assessments for street improvements under construction or completed at Date of Policy.
12. The invalidity or unenforceability of any assignment of the Insured Mortgage, provided the assignment is shown in Schedule A, or the failure of the
assignment shown in Schedule A to vest title to the Insured Mortgage in the named Insured assignee free and clear of all liens.
13. The invalidity, unenforceability, lack of priority, or avoidance of the lien of the Insured Mortgage upon the Title
resulting from the avoidance in whole or in part, or from a court order providing an alternative remedy, of any transfer of all or any part of(a)
the title to or any interest in the Land occurring prior to the transaction creating the lien of the Insured Mortgage because that prior
transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or
because the Insured Mortgage constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws(b)
by reason of the failure of its recording in the Public Records
to be timely, or(i)
to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.(ii)
14. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 13 that has been created or attached or has
been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the Insured Mortgage in the Public Records.
The Company will also pay the costs, attorneys ' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the
extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this
policy, and the Company will not pay loss or damage, costs, attorneys' fees,
or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including
those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
the occupancy, use, or enjoyment of the Land;(i)
the character, dimensions, or location of any improvement(ii)
erected on the Land;
the subdivision of land; or(iii)
environmental protection;(iv)
or the effect of any violation of these laws, ordinances, or governmental
regulations. This Exclusion 1(a) does not modify or limit the coverage
provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not
modify or limit the coverage provided under Covered Risk 6
Rights of eminent domain. This Exclusion does not modify or limit2.
the coverage provided under Covered Risk 7 or 8.
Defects, liens, encumbrances, adverse claims, or other matters3.
created, suffered, assumed, or agreed to by the Insured(a)
Claimant;
not Known to the Company, not recorded in the Public Re-(b)
cords at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior
to the date the Insured Claimant became an Insured under this
policy;
resulting in no loss or damage to the Insured Claimant;(c)
attaching or created subsequent to Date of Policy (however, this(d)
does not modify or limit the coverage provided under Covered Risk
11, 13, or 14); or
resulting in loss or damage that would not have been sustained(e)
if the Insured Claimant had paid value for the Insured Mortgage.
LP-I3 ALTA 6-17-06 Loan Policy (WLTIC Edition 12/1/17)
4. Unenforceability of the lien of the Insured Mortgage because of the
inability or failure of an Insured to comply with applicable
doing-business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the
Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit
protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that the transaction creating
the lien of the Insured Mortgage, is
a fraudulent conveyance or fraudulent transfer, or(a)
a preferential transfer for any reason not stated in Covered Risk(b)
13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by
governmental authority and created or attaching between Date of Policy
and the date of recording of the Insured Mortgage in the Public Records.
This Exclusion does not modify or limit the coverage provided under
Covered Risk 11(b).
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "Amount of Insurance": The amount stated in Schedule A, as may
be increased or decreased by endorsement to this policy, increased
by Section S(b) or decreased by Section 10 of these Conditions.
(b) "Date of Policy": The date designated as "Date of Policy" in
Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability
company, or other similar legal entity.
(d) "Indebtedness": The obligation secured by the Insured Mortgage
including one evidenced by electronic means authorized by law,
and if that obligation is the payment of a debt, the Indebtedness is
the sum of
the amount of the principal disbursed as of Date of Policy;(i)
the amount of the principal disbursed subsequent to Date of(ii)
Policy;
the construction loan advances made subsequent to Date of(iii)
Policy for the purpose of financing in whole or in part the
construction of an improvement to the Land or related to the
Land that the Insured was and continued to be obligated to
advance at Date of Policy and at the date of the advance;
interest on the loan;(iv)
the prepayment premiums, exit fees, and other similar fees or(v)
penalties allowed by law;
the expenses of foreclosure and any other costs of enforce-(vi)
ment;
(vii)the amounts advanced to assure compliance with laws or to
protect the lien or the priority of the lien of the Insured
Mortgage before the acquisition of the estate or interest in the
Title;
the amounts to pay taxes and insurance; and(viii)
the reasonable amounts expended to prevent deterioration of(ix)
improvements; but the Indebtedness is reduced by the total of
all payments and by any amount forgiven by an Insured.
(e) "Insured": The Insured named in Schedule A. (i)
The term "Insured" also includes
(A) the owner of the Indebtedness and each successor in
ownership of the Indebtedness, whether the owner or
successor owns the Indebtedness for its own account or as
a trustee or other fiduciary, except a successor who is an
obligor under the provisions of Section 12(c) of these
Conditions;
(B) the person or Entity who has "control" of the "trans-
ferable record," if the Indebtedness is evidenced by a
"transferable record," as these terms are defined by
applicable electronic transactions law;
(C) successors to an Insured by dissolution, merger, con-
solidation, distribution, or reorganization;
(D) successors to an Insured by its conversion to another
kind of Entity;
(E) a grantee of an Insured under a deed delivered without
payment of actual valuable consideration conveying
the Title
if the stock, shares, memberships, or other equity(1)
interests of the grantee are wholly-owned by the
named Insured,
if the grantee wholly owns the named Insured, or(2)
if the grantee is wholly-owned by an affiliated En-(3)
tity of the named Insured, provided the affiliated
Entity and the named Insured are both wholly--
owned by the same person or Entity;
(F) any government agency or instrumentality that is an
insurer or guarantor under an insurance contract or
guaranty insuring or guaranteeing the Indebtedness
secured by the Insured Mortgage, or any part of it,
whether named as an Insured or not;
(ii) With regard to (A), (B), (C), (D) , and (E) reserving,
however, all rights and defenses as to any successor that the
Company would have had against any predecessor Insured,
unless the successor acquired the Indebtedness as a
purchaser for value without Knowledge of the asserted
defect, lien, encumbrance, or other matter insured against by
this policy.
"Insured Claimant": An Insured claiming loss or damage.(f)
"Insured Mortgage": The Mortgage described in paragraph 4 of(g)
Schedule A.
"Knowledge" or "Known": Actual knowledge, not constructive(h)
knowledge or notice that may be imputed to an Insured by
reason of the Public Records or any other records that impart
constructive notice of matters affecting the Title.
"Land": The land described in Schedule A, and affixed improve(i)
ments that by law constitute real property. The term "Land" does
not include any property beyond the lines of the area described in
Schedule A, nor any right, title, interest, estate, or easement in
abutting streets, roads, avenues, alleys, lanes, ways, or waterways,
but this does not modify or limit the extent that a right of access to
and from the Land is insured by this policy.
"Mortgage": Mortgage, deed of trust, trust deed, or other secu-(j)
rity instrument, including one evidenced by electronic means
authorized by law.
"Public Records ": Records established under state statutes at Date(k)
of Policy for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and
without Knowledge. With respect to Covered Risk 5(d), "Public
Records" shall also include environmental protection liens filed
in the records of the clerk of the United States District Court for
the district where the Land is located.
LP-I3 ALTA 6-17-06 Loan Policy (WLTIC Edition 12/1/17)
(1) "Title": The estate or interest described in Schedule A.
(m)"Unmarketable Title": Title affected by an alleged or apparent
matter that would permit a prospective purchaser or lessee of the
Title or lender on the Title or a prospective purchaser of the
Insured Mortgage to be released from the obligation to purchase,
lease, or lend if there is a contractual condition requiring the
delivery of marketable title.
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of
Policy in favor of an Insured after acquisition of the Title by an
Insured or after conveyance by an Insured, but only so long as the
Insured retains an estate or interest in the Land, or holds an obliga-
tion secured by a purchase money Mortgage given by a purchaser
from the Insured, or only so long as the Insured shall have liability
by reason of warranties in any transfer or conveyance of the Title.
This policy shall not continue in force in favor of any purchaser from
the Insured of either (i) an estate or interest in the Land, or
(ii) an obligation secured by a purchase money Mortgage given to
the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED
CLAIMANT
The Insured shall notify the Company promptly in writing (i) in case
of any litigation as set forth in Section 5(a) of these Conditions, (ii)
in case Knowledge shall come to an Insured of any claim of title or
interest that is adverse to the Title or the lien of the Insured
Mortgage, as insured, and that might cause loss or damage for which
the Company may be liable by virtue of this policy, or
(iii) if the Title or the lien of the Insured Mortgage, as insured, is
rejected as Unmarketable Title. If the Company is prejudiced by the
failure of the Insured Claimant to provide prompt notice, the
Company's liability to the Insured Claimant under the policy shall be
reduced to the extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the amount of loss
or damage, the Company may, at its option, require as a condition of
payment that the Insured Claimant furnish a signed proof of loss.
The proof of loss must describe the defect, lien, encumbrance, or
other matter insured against by this policy that constitutes the basis
of loss or damage and shall state, to the extent possible, the basis of
calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured, and subject to the options
contained in Section 7 of these Conditions, the Company, at its
own cost and without unreasonable delay, shall provide for the
defense of an Insured in litigation in which any third party asserts
a claim covered by this policy adverse to the Insured. This
obligation is limited to only those stated causes of action alleging
matters insured against by this policy. The Company shall have
the right to select counsel of its choice (subject to the right of the
Insured to object for reasonable cause) to represent the Insured as
to those stated causes of action. It shall not be liable for and will
not pay the fees of any other counsel. The Company will not pay
any fees, costs, or expenses incurred by the Insured in the defense
of those causes of action that allege matters not insured against by
this policy.
The Company shall have the right, in addition to the options(b)
contained in Section 7 of these Conditions, at its own cost, to
institute and prosecute any action or proceeding or to do any other
act that in its opinion may be necessary or desirable to establish the
Title or the lien of the Insured Mortgage, as insured, or to prevent
or reduce loss or damage to the Insured. The Company may take
any appropriate action under the terms of this policy, whether or
not it shall be liable to the Insured. The exercise of these rights
shall not be an admission of liability or waiver of any provision of
this policy. If the Company exercises its rights under this
subsection, it must do so diligently.
Whenever the Company brings an action or asserts a defense as(c)
required or permitted by this policy, the Company may pursue the
litigation to a final determination by a court of competent
jurisdiction, and it expressly reserves the right, in its sole dis-
cretion, to appeal any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
In all cases where this policy permits or requires the Company(a)
to prosecute or provide for the defense of any action or
proceeding and any appeals, the Insured shall secure to the
Company the right to so prosecute or provide defense in the
action or proceeding, including the right to use, at its option, the
name of the Insured for this purpose. Whenever requested by the
Company, the Insured, at the Company's expense, shall give the
Company all reasonable aid (i) in securing evidence, obtaining
witnesses, prosecuting or defending the action or proceeding, or
effecting settlement, and (ii) in any other lawful act that in the
opinion of the Company may be necessary or desirable to
establish the Title, the lien of the Insured Mortgage, or any other
matter as insured. If the Company is prejudiced by the failure of
the Insured to furnish the required cooperation, the Company's
obligations to the Insured under the policy shall terminate,
including any liability or obligation to defend, prosecute, or
continue any litigation, with regard to the matter or matters
requiring such cooperation.
The Company may reasonably require the Insured Claimant to(b)
submit to examination under oath by any authorized representa-
tive of the Company and to produce for examination, inspection,
and copying, at such reasonable times and places as may be
designated by the authorized representative of the Company, all
records, in whatever medium maintained, including books,
ledgers, checks, memoranda, correspondence, reports, e-mails,
disks, tapes, and videos whether bearing a date before or after
Date of Policy, that reasonably pertain to the loss or damage.
Further, if requested by any authorized representative of the
Company, the Insured Claimant shall grant its permission, in
writing, for any authorized representative of the Company to
examine, inspect, and copy all of these records in the custody or
control of a third party that reasonably pertain to the loss or
damage. All information designated as confidential by the Insured
Claimant provided to the Company pursuant to this Section shall
not be disclosed to others unless, in the reasonable judgment of
the Company, it is necessary in the administration of the claim.
Failure of the Insured Claimant to submit for examination under
oath, produce any reasonably requested information, or grant
permission to secure reasonably necessary information from third
parties as required in this subsection, unless prohibited by law or
governmental regulation, shall terminate any liability of the
Company under this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have the
following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance or to
Purchase the Indebtedness.
To pay or tender payment of the Amount of Insurance under(i)
this policy together with any costs, attorneys' fees, and expenses
incurred by the Insured Claimant that were authorized by the
Company up to the time of payment or tender of payment and that
the Company is obligated to pay; or
To purchase the Indebtedness for the amount of the Indebted-(ii)
ness on the date of purchase, together with any costs, attorneys'
fees, and expenses incurred by the Insured Claimant that were
authorized by the Company up to the time of purchase and that
the Company is obligated to pay.
LP-I3 ALTA 6-17-06 Loan Policy (WLTIC Edition 12/1/17)
When the Company purchases the Indebtedness, the Insured shall
transfer, assign, and convey to the Company the Indebtedness and the
Insured Mortgage, together with any collateral security.
Upon the exercise by the Company of either of the options provided
for in subsections (a)(i) or (ii), all liability and obligations of the
Company to the Insured under this policy, other than to make the
payment required in those subsections, shall terminate, including any
liability or obligation to defend, prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other Than the Insured
or With the Insured Claimant.
(i) To pay or otherwise settle with other parties for or in the name
of an Insured Claimant any claim insured against under this
policy. In addition, the Company will pay any costs, attorneys ’
fees, and expenses incurred by the Insured Claimant that were
authorized by the Company up to the time of payment and that the
Company is obligated to pay; or
(ii) To pay or otherwise settle with the Insured Claimant the loss
or damage provided for under this policy, together with any costs,
attorneys’ fees, and expenses incurred by the Insured Claimant
that were authorized by the Company up to the time of payment
and that the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided
for in subsections (b)(i) or (ii), the Company ’s obligations to the
Insured under this policy for the claimed loss or damage, other than
the payments required to be made, shall terminate, including any
liability or obligation to defend, prosecute, or continue any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the Insured Claimant who has
suffered loss or damage by reason of matters insured against by this
policy.
(a) The extent of liability of the Company for loss or damage under
this policy shall not exceed the least of
the Amount of Insurance,(i)
the Indebtedness,(ii)
the difference between the value of the Title as insured and(iii)
the value of the Title subject to the risk insured against by this
policy, or
if a government agency or instrumentality is the Insured(iv)
Claimant, the amount it paid in the acquisition of the Title or
the Insured Mortgage in satisfaction of its insurance contract
or guaranty.
(b) If the Company pursues its rights under Section 5 of these
Conditions and is unsuccessful in establishing the Title or the
lien of the Insured Mortgage, as insured,
the Amount of Insurance shall be increased by 10%, and(i)
the Insured Claimant shall have the right to have the loss or(ii)
damage determined either as of the date the claim was
made by the Insured Claimant or as of the date it is settled
and paid.
(c) In the event the Insured has acquired the Title in the manner
described in Section 2 of these Conditions or has conveyed the
Title, then the extent of liability of the Company shall continue
as set forth in Section 8(a) of these Conditions.
(d) In addition to the extent of liability under (a), (b), and (c), the
Company will also pay those costs, attorneys' fees, and
expenses incurred in accordance with Sections 5 and 7 of these
Conditions.
9. LIMITATION OF LIABILITY
If the Company establishes the Title, or removes the alleged de-(a)
fect, lien, or encumbrance, or cures the lack of a right of access
to or from the Land, or cures the claim of Unmarketable Title,
or establishes the lien of the Insured Mortgage, all as insured,
in a reasonably diligent manner by any method, including
litigation and the completion of any appeals, it shall have fully
performed its obligations with respect to that matter and shall
not be liable for any loss or damage caused to the Insured.
In the event of any litigation, including litigation by the Com-(b)
pany or with the Company's consent, the Company shall have
no liability for loss or damage until there has been a final deter
mination by a court of competent jurisdiction, and disposition
of all appeals, adverse to the Title or to the lien of the Insured
Mortgage, as insured.
The Company shall not be liable for loss or damage to the(c)
Insured for liability voluntarily assumed by the Insured in set-
tling any claim or suit without the prior written consent of the
Company.
10. REDUCTION OF INSURANCE; REDUCTION OR
TERMINATION OF LIABILITY
All payments under this policy, except payments made for(a)
costs, attorneys' fees, and expenses, shall reduce the Amount of
Insurance by the amount of the payment. However, any
payments made prior to the acquisition of Title as provided in
Section 2 of these Conditions shall not reduce the Amount of
Insurance afforded under this policy except to the extent that
the payments reduce the Indebtedness.
The voluntary satisfaction or release of the Insured Mortgage(b)
shall terminate all liability of the Company except as provided
in Section 2 of these Conditions.
11. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely
fixed in accordance with these Conditions, the payment shall be made
within 30 days.
12. RIGHTS OF RECOVERY UPON PAYMENT OR
SETTLEMENT
(a) The Company's Right to Recover
Whenever the Company shall have settled and paid a claim under
this policy, it shall be subrogated and entitled to the rights of the
Insured Claimant in the Title or Insured Mortgage and all other
rights and remedies in respect to the claim that the Insured
Claimant has against any person or property, to the extent of the
amount of any loss, costs, attorneys' fees, and expenses paid by the
Company. If requested by the Company, the Insured Claimant shall
execute documents to evidence the transfer to the Company of
these rights and remedies. The Insured 'Claimant shall permit the
Company to sue, compromise, or settle in the name of the Insured
Claimant and to use the name of the Insured Claimant in any
transaction or litigation involving these rights and remedies.
If a payment on account of a claim does not fully cover the loss of the
Insured Claimant, the Company shall defer the exercise of its right to
recover until after the Insured Claimant shall have recovered its loss.
(b) The Insured's Rights and Limitations
The owner of the Indebtedness may release or substitute the(i)
personal liability of any debtor or guarantor, extend or otherwise
modify the terms of payment, release a portion of the Title from
the lien of the Insured Mortgage, or release any collateral security
for the Indebtedness, if it does not affect the enforceability or
priority of the lien of the Insured Mortgage.
If the Insured exercises a right provided in MO), but has(ii)
Knowledge of any claim adverse to the Title or the lien of the
Insured Mortgage insured against by this policy, the Company
LP-I3 ALTA 6-17-06 Loan Policy (WLTIC Edition 12/1/17)
shall be required to pay only that part of any losses insured against
by this policy that shall exceed the amount, if any, lost to the
Company by reason of the impairment by the Insured Claimant of
the Company's right of subrogation.
(c) The Company's Rights Against Noninsured Obligors
The Company's right of subrogation includes the Insured's rights
against non-insured obligors including the rights of the Insured to
indemnities, guaranties, other policies of insurance, or bonds, not-
withstanding any terms or conditions contained in those instruments
that address subrogation rights.
The Company's right of subrogation shall not be avoided by ac-
quisition of the Insured Mortgage by an obligor (except an obligor
described in Section l (e)(i)(F) of these Conditions) who acquires the
Insured Mortgage as a result of an indemnity, guarantee, other policy
of insurance, or bond, and the obligor will not be an Insured under
this policy.
13. ARBITRATION
Either the Company or the Insured may demand that the claim or
controversy shall be submitted to arbitration pursuant to the Title
Insurance Arbitration Rules of the American Land Title Association
("Rules"). Except as provided in the Rules, there shall be no joinder
or consolidation with claims or controversies of other persons.
Arbitrable matters may include, but are not limited to, any controversy
or claim between the Company and the Insured arising out of or
relating to this policy, any service in connection with its issuance or
the breach of a policy provision, or to any other controversy or claim
arising out of the transaction giving rise to this policy. All arbitrable
matters when the Amount of Insurance is $2,000,000 or less shall be
arbitrated at the option of either the Company or the Insured. All
arbitrable matters when the Amount of Insurance is in excess of
$2,000,000 shall be arbitrated only when agreed to by both the
Company and the Insured. Arbitration pursuant to this policy and
under the Rules shall be binding upon the parties. Judgment upon the
award rendered by the Arbitrator(s) maybe entered in any court of
competent jurisdiction.
14. LIABILITY LIMITED TO THIS POLICY; POLICY
ENTIRE CONTRACT
This policy together with all endorsements, if any, attached to it(a)
by the Company is the entire policy and contract between the
Insured and the Company. In interpreting any provision of this
policy, this policy shall be construed as a whole.
Any claim of loss or damage that arises out of the status of the(b)
Title or lien of the Insured Mortgage or by any action asserting
such claim shall be restricted to this policy.
Any amendment of or endorsement to this policy must be in(c)
writing and authenticated by an authorized person, or expressly
incorporated by Schedule A of this policy.
Each endorsement to this policy issued at any time is made a part(d)
of this policy and is subject to all of its terms and provisions.
Except as the endorsement expressly states, it does not (i) modify
any of the terms and provisions of the policy, (ii) modify any
prior endorsement, (iii) extend the Date of Policy, or (iv)
increase the Amount of Insurance.
15. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held
invalid or unenforceable under applicable law, the policy shall be
deemed not to include that provision or such part held to be invalid,
but all other provisions shall remain in full force and effect.
16. CHOICE OF LAW; FORUM
Choice of Law: The Insured acknowledges the Company has(a)
underwritten the risks covered by this policy and determined the
premium charged therefor in reliance upon the law affecting
interests in real property and applicable to the interpretation,
rights, remedies, or enforcement of policies of title insurance of
the jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the
jurisdiction where the Land is located to determine the validity of
claims against the Title or the lien of the Insured Mortgage that
are adverse to the Insured and to interpret and enforce the terms
of this policy. In neither case shall the court or arbitrator apply its
conflicts of law principles to determine the applicable law.
Choice of Forum: Any litigation or other proceeding brought by(b)
the Insured against the Company must be filed only in a state or
federal court within the United States of America or its territories
having appropriate jurisdiction.
17. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing
required to be given to the Company under this policy must be given
to the Company at Westcor Land Title Insurance Company, Attn.:
Claims, 875 Concourse Parkway South, Suite 200, Maitland, Florida
32751. Telephone: (407) 629-5842.
LP-I3 ALTA 6-17-06 Loan Policy (WLTIC Edition 12/1/17)
Loan Policy - Schedule B - Part I Order No.: 7000672-M
Exceptions from Coverage Policy No.: LP-13-011466412
L O A N P O L I C Y
O F
T I T L E I N S U R A N C E
issued by
as agent for
WESTCOR LAND TITLE INSURANCE COMPANY
Reference Property Address:
353 Stagecoach Lane, Carbondale, CO 81623
SCHEDULE A
Order No.: 7000672-M Policy Number: LP-13-011466412
Amount of Insurance: $486,000.00 Premium: $900.00
Date of Policy: May 4, 2021 at the exact time of
recording
Loan No.: 5909892
1. Name of Insured:
Academy Mortgage Corporation, its Successors and/or Assigns as their interests may appear
2. The estate or interest in the Land which is encumbered by the insured mortgage is:
Fee Simple
3. Title to the estate or interest in the Land is vested in:
Juan Grobler
4. The insured mortgage and assignments thereof, if any, are described as follows:
Deed of Trust from Juan Grobler to the Public Trustee of the County of Garfield for the use of Mortgage
Electronic Registration Systems, Inc., solely as a nominee for Academy Mortgage Corporation to secure
$486,000.00, dated April 29, 2021 and recorded May 4, 2021 at Reception No. 955653.
5.The Land referred to in this policy is located in the County of Garfield, State of Colorado, and described as
follows:
Lot 25,
RANCH AT ROARING FORK, according to the Plat thereof filed July 07, 1976 as Reception No.
273384.
Countersigned
By:
Title Company of the Rockies, LLC Authorized Officer or Agent
Page 1 of 3
Loan Policy - Schedule B - Part I (continued)Order No.: 7000672-M
Exceptions from Coverage Policy No.: LP-13-011466412
SCHEDULE B - PART I
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)
which arise by reason of:
Taxes and assessments for the current year, and subsequent years, a lien not yet due and payable.1.
Any and all recorded rights of way and easements including, but not limited to the following: roads, highways,2.
ditches, creeks, laterals, canals, reservoirs, drainage ways, flumes, pipelines, utilities, guy line/anchors, railroads,
aircraft overflight, power and telephone lines.
All Restrictions, Covenants, Declarations, Conditions, Leases, Agreements and Mineral Reservations of record,3.
and any modification thereof, if any.
Water rights or claims of title to water.4.
Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof.5.
Any loss or damage due to or resulting from any and all outstanding dues and/or assessments levied by the6.
Homeowners Association.
Page 2 of 3
Loan Policy - Schedule B - Part II Order No.: 7000672-M
Subordinate Matters Policy No.: LP-13-011466412
SCHEDULE B - PART II
SUBORDINATE MATTERS
In addition to the matters set forth in Part I of this Schedule, the Title to the estate or interest in the Land described
or referred to in Schedule A is subject to the following matters, if any be shown, but the Company insures that these
matters are subordinate to the lien or charge of the insured mortgage upon the estate or interest:
None
Page 3 of 3
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.
COLORADO ENDORSEMENT CO 100 COMPREHENSIVE
Attached to Policy No. LP-13-011466412
Issued by
Westcor Land Title Insurance Company
File No.: 7000672
The Company hereby insures against loss, which the insured shall sustain by reason of any of the following matters:
Any incorrectness in the assurance, which the Company hereby gives:1.
That there are no covenants, conditions or restrictions under which the lien of the mortgage or Deed of Trust(a)
referred to in Schedule A can be cut off, subordinated, or otherwise impaired;
That, except as shown in Schedule B, there are no present violations on the land of any enforceable(b)
covenants, conditions or restrictions;
That, except as shown in Schedule B, there are no encroachments of buildings, structures or improvements(c)
located on the land onto adjoining lands, nor any encroachments onto the land of buildings, structures or
improvements located on adjoining lands.
Damage to existing improvements which are located or encroach upon that portion of the land subject to any2.
easement shown in Schedule B, which damage results from the exercise of the right to use or maintain such
easement for the purposes for which the same was granted or reserved;
Any final court order or judgment requiring removal from any land adjoining said land of any encroachment shown3.
in Schedule B.
Wherever in this endorsement any or all the words “covenants, conditions or restrictions” appear, they shall not be
deemed to refer to or include the terms, covenants, conditions or restrictions contained in any lease referred to in
Schedule A.
For purposes of this endorsement, the words “covenants”, “conditions” or “restrictions” shall not be deemed to refer to or
include any covenants, conditions or restrictions relating to environmental protection, except to the extent that a notice of a
violation or alleged violation affecting the land has been recorded in the public records at Date of Policy and is not
excepted in Schedule B.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of
this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of
the policy and of any prior endorsements.
WESTCOR LAND TITLE INSURANCE COMPANY
Dated: May 4, 2021
By:
Authorized Officer or Agent of TITLE COMPANY OF THE
ROCKIES, LLC
File No.: 7000672
CO 100 Comprehensive
Page 1 of 1
ALTA ENDORSEMENT 8.1-06 (ENVIRONMENTAL PROTECTION LIEN)
Attached to Policy No. LP-13-011466412
Issued by
Westcor Land Title Insurance Company
File No.: 7000672
The insurance afforded by this endorsement is only effective if the Land is used or is to be used primarily for residential
purposes.
The Company insures against loss or damage sustained by the Insured by reason of lack of priority of the lien of the
Insured Mortgage over
(a) any environmental protection lien that, at Date of Policy, is recorded in those records established under state statutes
at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for
value and without Knowledge, or is filed in the records of the clerk of the United States district court for the district in
which the Land is located, except as set forth in Schedule B; or
(b) any environmental protection lien provided by any state statute in effect at Date of Policy, except environmental
protection liens provided by the following state statutes: NONE
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of
this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of
the policy and of any prior endorsements.
WESTCOR LAND TITLE INSURANCE COMPANY
Dated: May 4, 2021
By:
Authorized Officer or Agent of TITLE COMPANY OF THE
ROCKIES, LLC
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.
File No.: 7000672
ALTA 8.1-06 Environmental Protection Lien Endorsement 6-17-06
Endorsement Serial No.: E-9328-LP-13-011466412
Page 1 of 1
ALTA ENDORSEMENT 5.1-06 (PLANNED UNIT DEVELOPMENT – CURRENT ASSESSMENTS)
Attached to Policy No. LP-13-011466412
Issued by
Westcor Land Title Insurance Company
File No.: 7000672
The Company insures against loss or damage sustained by the Insured by reason of:
Present violations of any restrictive covenants referred to in Schedule B that restrict the use of the Land or the1.
forfeiture or reversion of Title by reason of any provision contained in the restrictive covenants. As used in this
paragraph 1, the words “restrictive covenants” do not refer to or include any covenant, condition, or restriction (a)
relating to obligations of any type to perform maintenance, repair, or remediation on the Land, or (b) pertaining to
environmental protection of any kind or nature, including hazardous or toxic matters, conditions, or substances, except
to the extent that a notice of a violation or alleged violation affecting the Land has been recorded in the Public Records
at Date of Policy and is not excepted in Schedule B.
Any charges or assessments in favor of any association of owners, that are provided for in any document referred to in2.
Schedule B, due and unpaid at Date of Policy.
The enforced removal of any existing structure on the Land (other than a boundary wall or fence) because it3.
encroaches onto adjoining land or onto any easements.
The failure of the Title by reason of a right of first refusal to purchase the Land that was exercised or could have been4.
exercised at Date of Policy.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of
this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of
the policy and of any prior endorsements.
WESTCOR LAND TITLE INSURANCE COMPANY
Dated: May 4, 2021
By:
Authorized Officer or Agent of TITLE COMPANY OF THE
ROCKIES, LLC
ALTA
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:Inquiries should be directed to:
Title Company of the Rockies
711 E. Valley Rd, Unit 201B
Basalt, CO 81621
Phone: 970-366-4111 Fax: 970-672-1576
email:
Commitment Number:7002945-C
Buyer's Name(s):
Seller's Name(s):Juan Grobler
Property:353 Stagecoach Lane, Carbondale, CO 81623
Ranch at Roaring Fork #5, Lot 25, Garfield County, CO
COPIES / MAILING LIST
Juan Grobler
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 August 9, 2024
11:37 AM
711 E. Valley Rd, Unit 201B
Basalt, CO 81621
Phone: 970-366-4111 Fax: 970-672-1576
www.titlecorockies.com
Commitment Ordered By:Inquiries should be directed to:
Title Company of the Rockies
711 E. Valley Rd, Unit 201B
Basalt, CO 81621
Phone: 970-366-4111 Fax: 970-672-1576
email:
Commitment Number:7002945-C
Buyer's Name(s):
Seller's Name(s):Juan Grobler
Property:353 Stagecoach Lane, Carbondale, CO 81623
Ranch at Roaring Fork #5, Lot 25, Garfield County, CO
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: 7002945-C
1.Effective Date: July 23, 2024, 7:00 am Issue Date: August 03, 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:
Juan Grobler
5. The Land is described as follows:
FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE
For Informational Purposes Only - APN: R011720
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: 7002945-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 25,
RANCH AT ROARING FORK, according to the Plat thereof filed July 07, 1976 as Reception No.
273384.
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: 7002945-C
COMMITMENT FOR TITLE INSURANCE
Issued by
Westcor Land Title Insurance Company
SCHEDULE B, PART I
Requirements
The following are the requirements to be complied with prior to the issuance of said policy or policies.
Any other instrument recorded subsequent to the effective date hereof may appear as an exception under
Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the
office of the clerk and recorded of the county in which said property is located.
All of the following Requirements must be met:
1. The Proposed Insured must notify the Company in writing of the name of any party not referred
to in this Commitment who will obtain an interest in the Land or who will make a loan on the
Land. The Company may then make additional Requirements or Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company.
4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be
insured, or both, must be properly authorized, executed, delivered, and recorded in the Public
Records.
Evidence satisfactory to the Company or its duly authorized agent that all dues and/or5.
assessments levied by the Homeowners Association have been paid through the date of closing.
Release by the Public Trustee of Garfield County of the Deed of Trust from Juan Grobler and6.
Deborah Grobler for the use of Affiliated Financial Group Inc., to secure $245,000.00, dated
January 21, 2009, and recorded February 2, 2009 at Reception No. 762568.
Release by the Public Trustee of Garfield County of the Deed of Trust from Juan Grobler for the7.
use of Academy Mortgage Corporation, to secure $486,000.00, dated April 29, 2021, and
recorded May 4, 2021 at Reception No. 955653.
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: 7002945-C
Deed from Juan Grobler to Purchaser with contractual rights under a purchaser agreement with8.
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 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: 7002945-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 November 27, 1900 in Book 12 at Page 549 as Reception No. 23168.
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: 7002945-C
United States Patent recorded November 27, 1900 in Book 12 at Page 549 as Reception No.
23168.
Easement and right of way for electric transmission or distribution lines, as granted to Holy Cross9.
Electric Association Inc., by Ranch at Roaring Fork, in the instrument recorded November 28,
1972 in Book 438 at Page 212.
Easement and right of way for electric transmission or distribution lines, as granted to Holy Cross10.
Electric Association, Inc., by The Ranch at Roaring Fork Homeowners Association, Inc., in the
instrument, recorded October 02, 1975 in Book 479 at Page 462.
Easements, rights of way and other matters as shown on the Plat of Ranch at Roaring11.
Fork-IV-Filing No. One, filed October 12, 1976 at Reception No. 274823.
Restrictions, which do not contain a forfeiture or reverter clause, but omitting any covenants or12.
restrictions, if any, including, but not limited to those based upon race, color, religion, sex, sexual
orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source
of income, as set forth in applicable state or federal laws, except to the extent that said covenant
or restriction is permitted by applicable law, as contained in instrument recorded July 12, 1973 in
Book 447 at Page 146, as amended by instruments recorded October 23, 1973 in Book 451 at
Page 48; October 12, 1976 in Book 489 at Page 319; October 26, 1977 in Book 502 at Page 82;
July 08, 1980 in Book 551 at Page 429; July 29, 1980 in Book 552 at Page 764; August 26, 1980
in Book 554 at Page 595; May 15, 1981 in Book 571 at Page 998 and Book 572 at Page 8 and
Book 572 at Page 26; July 09, 1981 Book 576 at Page 464; September 14, 1981 in Book 581 at
Page 174; August 7, 1985 at Reception No. 364004; April 07, 2008 at Reception No. 746109;
January 09, 2013 at Reception No. 829676; and October 12, 2015 at Reception No. 869163.
Terms, agreements, provisions, conditions and obligations as contained in Subdivision13.
Improvements Agreement recorded October 12, 1976 in Book 489 at Page 328.
Terms, agreements, provisions, conditions and obligations as contained in Grant of Easement for14.
utilities and drainage recorded May 20, 1977 in Book 496 at Page 568.
Easement and right of way for planting, utilities and drainage recorded October 26, 1977 in Book15.
502 at Page 65.
Easement and right of way for installation and maintenance of utilities and drainage facilities16.
recorded May 20, 1977 in Book 496 at Page 568.
Terms, conditions, restrictions, reservations, provisions and obligations as set forth in Agreement17.
recorded August 02, 1993 at Reception No. 450658, as same may affect subject property.
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: 7002945-C
Terms, conditions, restrictions, reservations, provisions and obligations as set forth in Resolution18.
No. 2013-65 recorded September 25, 2013 at Reception No. 841185.
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: 7002945-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 8
Commitment No: 7002945-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 9
Commitment No: 7002945-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) Pursuantto 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 10
Joint Notice of Privacy Policy
of
Westcor Land Title Insurance Company
and
Title Company of the Rockies, LLC
Westcor Land Title Insurance Company (“WLTIC”) and Title Company of the Rockies, LLC value their
customers and are committed to protecting the privacy of personal information. In keeping with that philosophy,
we each have developed a Privacy Policy, set out below, that will endure the continued protection of your
nonpublic personal information and inform you about the measures WLTIC and Title Company of the Rockies,
LLC take to safeguard that information. This notice is issued jointly as a means of paperwork reduction and is
not intended to create a joint privacy policy. Each company ’s privacy policy is separately instituted, executed,
and maintained.
Who is Covered
We provide our Privacy Policy to each customer when they purchase a WLTIC title insurance policy. Generally,
this means that the Privacy Policy is provided to the customer at the closing of the real estate transaction.
Information Collected
In the normal course of business and to provide the necessary services to our customers, we may obtain
nonpublic personal information directly from the customer, from customer-related transactions, or from third
parties such as our title insurance agent, lenders, appraisers, surveyors and other similar entities.
Access to Information
Access to all nonpublic personal information is limited to those employees who have a need to know in order to
perform their jobs. These employees include, but are not limited to, those in departments such as closing, legal,
underwriting, claims and administration and accounting.
Information Sharing
Generally, neither WLTIC nor Title Company of the Rockies, LLC shares nonpublic personal information that
it collects with anyone other than those individuals necessary needed to complete the real estate settlement
services and issue its title insurance policy as requested by the consumer. WLTIC or Title Company of the
Rockies, LLC may share nonpublic personal information as permitted by law with entities with whom WLTIC or
Title Company of the Rockies, LLC has a joint marketing agreement. Entities with whom WLTIC or Title
Company of the Rockies, LLC have a joint marketing agreement have agreed to protect the privacy of our
customer’s nonpublic personal information by utilizing similar precautions and security measures as WLTIC and
Title Company of the Rockies, LLC use to protect this information and to use the information for lawful
purposes. WLTIC or Title Company of the Rockies, LLC , however, may share information as required by law
in response to a subpoena, to a government regulatory agency or to prevent fraud.
Information Security
WLTIC and Title Company of the Rockies, LLC , at all times, strive to maintain the confidentiality and
integrity of the personal information in its possession and has instituted measures to guard against its
unauthorized access. We maintain physical, electronic and procedural safeguards in compliance with federal
standards to protect that information.
The WLTIC Privacy Policy can be found on WLTIC ’s website at www.wltic.com
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
711 E. Valley Rd, Unit 201B
Basalt, CO 81621
Phone: 970-366-4111
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.
soor 873 ricg60Bi
5.8 Easenehts,,end 'Rerie o.ns
(t) Declarant, in subjecting the Project . to the griginal
Deplaration and Anended.Dbclaration, has previous.ly reserved bertain easements
antl rights thereiu for the purposes of ccnstructlng irnprovements. upon .Parcels
aad ior purposes of constiu:tin6 triproveneats on tbe Conmon R6crebtion:
Reservb: Except as exp:'eSsly rebffirned in; this par'agrr.ph, all sucb easementq
.and rights previbusly reserved .for .the purp.oses of conetruciing buildings or
iuprovencnts on the q9a1- property..or:t!re Connon,decreatiori ,Rbserve;. are her.eby
.expressly revoked., and shell be nuLl and void and of no effect.
An ea6ernent and r:ight in ahtl to the Conrnon Recreation Reseive
and Geaelal Co"rnon Elements fo.r t*he purpose of, cqnet-nrcting such iuprovenents
thereon ae tie Board of DirectorS of the Association nay <leern advisable in .1ts
sole. a.nd absoiute discretion fqr ibe pulpose of inprovernents, paintenance,
re-pairi ernergenby, repair or replaceuent .o! any of' t-he General Cornaon Elemg-nts
or the Cornmon .Recrdbtion ReseTve is hereby, exprdssly.reaffilned..
6.g Rirstrictive covenants..
gcross .sa:i:tl ,Gpnerp1 Ooriunoa Elidieals anci. .to ther Corirercihl Parpel" r t)re
'Honestead Parcel and the public roads'and streets;
(r) Sinsle Fqplly .Re,*d.epce ; 'Eash Unit shaLl be occutrlib<l only
by a singtre Owner .ai: tlefined herein e4d nrenbers thereof., j.ts servants,
Ilcensees, .invitees, tenants and:gues.ts rand onty as a resideace and for no
.othdr puipose.
,. (l) -. I.Iulgances : Ig - luisa,lces .?" noiious or . ofi'ensive
acrrv:-r:.es (rn.r.toroEl-TIT-Et limite<i to, the outdo.or repair cif. autonobileb)
sball be' carried on within the Project. A vehlc1e whiih iq. not ln operating
conditiori shail not be parked or left. on any street or 'on the. property .subject
to this Daclaratiou other ihan inside a garage or .a storage conpouncl to be
desigaaled apti maintaingd by tl.te Assoeiation. ,Garafies, shall be ueed for
larking vehicles and storage purposes.qnly and. shall be not.converted for
liviug or recreatignal act.lVities. Garage g,oors shall .remain close-d: qi a'1I
tings except wheq vehicles.e"e eutering or exiting the garage..
' No shed., tent or tenpor,ary building shali. be erected, maintained
or used on any property,*ithin the Projec.t; provided, however, that tenporbry
buildings for us" and uqed only for purpbses incirlental to tbe initial
consfructiozr of inprovernents and buildings on arlti portiori of the Project may
.be. coastrqcted antl maintainell provideo that such temponary building sha1l .be
prgroptly xenoved .upoi. the cornpletioa bf such conetructlon. work as provided
hereia:
No boat, truck, trailer, carper Or recreatiorial vehicle shall bo
used as a .Iiv{ng area located or the property subJect to this Declaration;
provided; .howevar, trailers for uae inci.dental to tlre iaitia] construction of
.the,imprqvqlirs'tcs.on such,.pioperEy:lnay be,mainta'inedrthergonp buc' shall be:
pronplly removed upon.comp.lqt.ipn o! con.gtrqctia;n.
he
OP€!.:Us€ O
I or :-. Nb:tn1tqofalr
of E he .pr.op€
imFroier i
rtylwiUt-rih,or
(e) ..uttlitv 'LirieS - As appr'opriise, all utilibi es., services
and lines shall':be plicrd uh@;und and thg Aqqociation shalL hav-' the right
ond pow-e!. trr .grcnt ongomcnto LhGrcfor. and r.cgulaua t.ho camo, cubjsoE !o !he
,Generq!;.ReCqr.vquions .co4tai4ed in t,hls .DecLatation and subJect. Eo the rules
and 499ul1Eions, of lhe Assoc'iatibn.
e.of,;IAvis,nqesi and ulaE ions
6uthoriEierg ju1'lpdlet ion be :obier
televtsign or. .obhaf'of an!_ennae .r:.hits or t]rpe or. k i of wi rlng le.r
sihg uniu or approved in accordancq wi.rh. the
noi .air
tur'es.
architectural..:ruleS and regufabions of the AssociaUion.
i -S a.h^Ardr 'nA nrhar w6h.i ^ l6c - N^ d.6na/c - rrrnn'i nd aea.r ..ry:.boats, irublis;..traf'Ler.s, snownobiles. or 'irth.er' such vehicular machines shal1 b6'
permittgdT placed or itlowed to be parked br maintained orr any gcr'eet,
driveway or;cher property wiEhin hhe piojricl elcept wholty withtn an enclosed
garage a'r€a or .a storage comporrnd designaLed..and.ma.inbiined by.the Associabion.
nainLai.g sgghl gigns and adverEising .devices or sEructures as it nay deem
:necessaly or rProper in 'connecbidri qit.h' the ?roiecl. -The Association
'nay-renove: and desCroy aJ.:1, unarilhorized slgns. rhis.Provisiori shall noE be deenbd
to prbvent'o; res.lilct ln any way the ereclion of. serqet 'signs? e&its slgns'
addrcoc oignE or Lh6'1ike..
(i) Landscapiriq .- Excdpb, in. areas .defined as a Linited comnon
.El'ernbnt. oi wi[hin.the confi'nes. of any lotr. no Pfanting or g.ardening shall be
permiEEed. .?.he Boerd of DifecEors may .estabfish ao archi.Lectural- comm.ittee in'accbrdance with Artiile xIV' herein and adopt architeiLur'a.l and fandscaping
conLrols permitt.ing :n Oyl."t to install _fenc3sr he{ges, :1":", YCII"'. :11o!,her ,structures rr]'chln a LrrnrEed uotnmon ulemenc or .Los provlqeo sucn conEfors
are uniform and non-di6criminator)|.
( j) altgr.ratioqs anal- .,LaldiUionq * No. strucEural alterations bo
Ehe inbbrior of ani: rnaiviouaf space shall he tnarler anri no Plumblng or
e.lecEriCaI alEerations wiUhin any bearing r,/alL of any Condoniniul0 Building
shatl. be made by any Unit Jwncr withbut thb Prior k/ritt€n consenE and approyal
')f the lssobiabion'
- 14:-
soot .,6?.3 nil604
.No prir.y sla1l. .be erected.., p4in.taine'clr or used. trpoo: ,airy. :portiqn
9il. t-he rPz'oject,, buf, q: .lemporary p,qivy qray be, pernitted ig, bcCorAa!"! totttr,
app:'opriatq stste healtli' regulations dur*ng .ihb couise of ionstruction of any
lmproveroents within .the project. :
' No clothes-lj.nes shall be. perrol.tted r,rithin the..Projegt.
1n tegrity. bf ihe Condonini.urn Bui.ror innpair any easement
ln 0wnei shatrl allrays .lre
,Indiv!dual Spac Lot
shall not alter tlle "ag
oi hereli:-Larnent.
d Cozonon. Elernents appu rtena$t to his
con{it!on, and ihat. O*ner
'linited Corunon Elements
l.
ean
without the prLJrr' written. consent 'and 'appro.ral of the Association :or its.architeitural. connittee.
-L5-
damagg to the comoilffifrfrTiffiifing th2se'located' s.ithin or aurrquniling
hi; Individual speie or.-Lot; or:fo apy of th: equipnent or lmprovenorits which
Fsy be. sustained by :thq .reason gf i'.e negtigence or vil-full niscondlqct of,rsaitl
.gwnbr or l'his fanily nenbqlp, ielatiVea, inviteeg., tricenriees,. or gir-e.F.ts, .lioth-
:minor..and a<1u1t1..: to :the :er.tent .thq+ auy. pr19h clamage shall .ngt, be, iovergtl byl
.insuranie. Tn: the casi of . joint ovmgrship,:s1'. a Unit, the lta.billty rrf. gugh:O*rni:rs' ehal1 be jolat and s-evqral., lny-expea""'incuried .by the Board ln
,iepgiri4er iuch ilanages, togetliier sith costs and attor,ney's feQg sha1l bc ihe
deut of the 0wner. causing.,the iane anil the Board rnay specifically assese thai
Owuer: fo{ -thb atlo.uub bhereof.
.r
i l^ n^l ^--l.i^' ^f rld^ a-.' *.-^- -a' ialooa*a in onaaEiqnaa":g-::wtth the provislonrT66iFtireffiT iadopted Rules' and Regulaiions of' .the
Associatlon. and without viota'Eicn ot' 'the brosirlpiioa agalnbt severabliity of
.Units contained herein, his right of .enjoynent- to thb Cornnon Elenbnts anal
facili.iies to the nernbers of hiB-fanil-y "tta iti. Guesbs.
6 .11
Su 'to the
each 'and rconplate .do[inion anq. or+nership of
ua Sptrc€ or I,ot rvhich ip part of the Unit ouned by such 0wnei,
each Or+ber:.rind. such Onaer.'.s .Gues+d shall liave the e:<clusive rifht to use
and
ofl r
'bhe
and
and
7,1 Marnbersh,ip. Tlre reborrd Owner o?.any linit rhich is subject
,by thAse covenants tT-E@Effi'ent by .the Associa'bion shall 'ue a nernbe.r of . the
Aesociation. .Any person or entiby having. suc\.interest nierely as:security. for
the performance of'an obtrigation shal] not be a Menber'. Mel.rerslrip and the
.righi to vote shal1 b-e.appurbenant to dnd may not be sepalated from onnership
of a Uirjt. Unit omership shaLl be the.gole qualificaLion for membersnip.
7.2 Transfer. The .menbership held by any reiord Unit Owuer
shn-|l hot be transferred, pledged or alienated in eny \*ryr exc6pb upon'the
sal.e .of such Un.it and -then only to. the.Purchaser' thereof , Auy at*empl l;tr roake
a prohibited transfer is void arrtl vill not be reflecbed upon bhe books and
r:oooids of tho Assboiation. fn the bvont any Unit Owaer shaJ,l. .fa1l. or re'lttse.
to .transfer 'bhe rnenbership. re$istered in hle nane bo the puiehaser, the
Association.shaLl have the righb to record the iransier upon tlre bo.oks of'the
Association.
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
BUILDING PERMIT
APPLICATION
TYPE OF CONSTRUCTION
Commercial/Multi-Family Demolition
Manufactured Home or Tiny Home (Single or Multi-Level)
Residential (SF, Duplex or Townhome) Reroof
Accessory Dwelling Unit (ADU) - MAXIMUM SIZE OF 1,200 SQUARE FEET
INVOLVED PARTIES
Property Owner: _________________________________________ Phone: (______)_________________
Mailing Address: _______________________________________________________________________
Email Address: _________________________________________________________________________
Contractor: _____________________________________________ Phone: (______)_________________
Mailing Address: _______________________________________________________________________
Email Address: _________________________________________________________________________
Architect: ______________________________________________ Phone: (______)_________________
Mailing Address: _______________________________________________________________________
Email Address: _________________________________________________________________________
Engineer: ______________________________________________ Phone: (______)_________________
Mailing Address: _______________________________________________________________________
Email Address: _________________________________________________________________________
Manufactured Home Installer: _____________________________ Phone: (______)_________________
Mailing Address: _______________________________________________________________________
Email Address: _________________________________________________________________________
PROJECT DETAILS
Describe Work: ________________________________________________________________________
_____________________________________________________________________________________
Job Address: ___________________________________________________________________________
Assessor’s Parcel Number: _________________________________
Sub. ________________________________ Lot ________ Block ________
Owner’s Valuation of Work: $_______________________ Property Size (Sq. Ft. or Acres): _____________
Sq. Ft. of Building: ___________________ Height: _______________ # of Floors:______________
Class of Work: New Remodel/Alteration Addition
Garage: Attached Detached
Juan Grobler 970 274-0615
353 Stagecoach Lane, Carbondale, Co 81623
juan@fridgewize.com
Fine Home Building 970 948-8041
8435 County Road 113, Carbondale, 81623
stac@finehomesaspen.com
Aimee Conrardy 970 618-3567
PO Box 618, Basalt, Co 81621
aconrardy@msn.com
Michael Baca 970 366-8690
111 East 3rd Street, Rifle, Co Suite 202
studiom.engineer@gmail.com
N/A
Remodel, decks, expand master bedroom, bathroom, sunroom.
353 Stagecoach Lane, Carbondale, Co 81623
239336116025
Ranch at Roaring Fork 25 5
250,000 .41
1977 8ft ceilings 1 (Ranch)
■■
✔
✔✔
IMPROVEMENT VARIANCE AND INDEMNIFICATION AGREEMENT
THIS IMPROVEMENT VARIANCE AND INDEMNIFICATION AGREEMENT (thc
"Agreement") is made by Juan Grobler (the "Owner"), whose address is 353 Stagecoach Lane,
Carbondale, CO 81623, ffid the Ranch at Roaring Fork Homeowners Association, Inc., a Colorado
nonprofit corporation (the "Association"), with an address of 14913 Highway 82, Carbondale, CO
81623. The Owner and the Associ6tion are referred to individually as "party" or collectively as "the
parties". Any defined terms in the Second Amended Declaration of Covenants, Conditions,
Limitations, Restrictions, Reservations, Liens and Charges for Ranch at Roaring Fork recorded in
Garfield County, Colorado at Reception No. 364004, as amended (the "Declaration") have the same
meaning in this Agreement.
RT,CITALS
A. The Owner owns Lot25, Ranch at Roaring Fork, Phase V, Final Plat (Residential
Parcel V), Garfield County, Colorado, also known as 353 Stagecoach Lane, Carbondale, CO 81623
(the "Lot").
B. Pursuant to the Declaration, the Association is responsible for review of any
proposed Change in Property to ensure compliance with the Association's governing documents
including, without limitation, the Declaration and the Architectural Guidelines and Procedures.
The Association has discretion to approve or deny such proposals and may grant variances to the
applicable requirements as may be reasonable or appropriate.
C. Pursuant to the Ranch at Roaring Fork, Phase V, Final Plat iResidentiai Parcel V),
recorded in Garfield County, Colorado on July 7, 1976 at Reception No. 273384 (the "Phase V
Plat"), a20 foot wide utility and drainage easement was dedicated to the Association along the
western boundary of the Lot (the "Original Easement").
D. The Owner desires to improve the Lot by remodeling and expanding the residential
structure located therein in accordance with the plans and specifications approved by the
Association (the "Improvement"), a portion of which will encroach onto the Original Easement
atea.
E. The Owner wishes to reduce the width of a portion of the Original Easement to 10
feet as depicted and described on Exhibit A (the "Amended Easement") to avoid encroachment of
the Improvement onto the Original Easement area.
F. The Association wishes to permit the Owner to construct the improvement, and to
modifr the Original Easement, in conformance with the terms of this Agreement, the Declaration,
and the other Association governing documents.
NOW THEREFORE, in consideration of the mutual covenants set forth herein, the
parties agree'.
1. Incorporation of Recitals. The above Recitals are incorporated in their entirety
by this reference.
2. Grant. The Association hereby grants to the Owner the permission to construct the
Improvement in accordance with the plans and specifications provided by the Owner and approved
by the Association, subject, however to the terms, conditions, and limitations of this Agreement
Page 1 of5
and the Declaration. This grant does not constitute local governmental approval. The Owner shall
obtain all necessary building permits prior to commencement of any construction.
3. Amended Easement. The parties agree to vacate a portion of the Original
Easement to reduce the width of a portion of the Amended Easement to 10 feet as depicted and
described on Exhibit A. Except for the foregoing modification, the perpetual, non-exclusive right
to use the Amended Easement ftrr placement, maintenance, or repair of utilities and drainage shall
be unchanged. The Owner shall, at its sole expense, prepare an amendment to the Phase V Plat
for the Association's review and approval. Upon the Association's approval, the Owner shall
record said amendment in Garfield County" Colorado, at its sole expense, and shall be permitted
to construct the Improvement pursuant to this Agreement. In the event the Amended Easement is
insufficient for the Association's utility and drainage purposes, the Owner agrees to grant an
additional easement area on the Property to the extent reasonably available and to the extent
reasonably required by the Association.
4, Owner Covenants. The Owner shall abide by the covenants and restrictions set
forth in this Agreement and the Declaration. Construction of the Improvement shall be perfomred
pursuant to all applicable building, electric and fire codes. The Owner shall deliver copies of all
required governmental permits to the Association prior to the commencement of construction. The
Owner agrees to complete construction in accordance with the plans and specifications approved
by the Association.
5. Improvement Covenants.
a. Scope and Restrictions. The scope of the Improvement is limited to the
improvements depicted on the construction plans and specifications provided by the Owner and
approved by the Association. The Improvement shall not limit use of or access to the Amended
Tl.asement imnair fhe strrcttrnl inteorilv electric;rl nr rrrecharrical cvqleirrq ni- lecqerr ilre qrrnn,rrf____r--__ -__--D_"J ' -^-'-^^-
of any other Lot or the Common Elements. Any changes to the Improvement shall require
additional, advance approval by the Association. All work shall be completed in compliance with
all applicable codes, ordinances, rules, and regulations. Except for the Improvement specitically
authorized by the Association in this Agreement, the Owner shall not place, build, expand, or add
to any structures or other items on the Lot. The Association shall have no responsibility, liability,
or obligation with respect to the safety or security of any of the Improvements or other personal
property of the Owner that the safety and security of any such property is its sole responsibility.
The Owner shall be solely responsible for the costs associated with construction.
b. Insurance. The Owner shall obtain and maintain insurance coverage
for propeny damage and general liability naming the Association as an additional insured.
c. Damage Repair or Replacement. The Owner shall be responsible for
repairing or replacing any portion of the Lot, the Common Elements, any adjacent Lot or Unit, or
any other portion of the Property that is damaged during the construction of the Improvement, if
any, at no cost to the Association.
d. Continuing Obligation. The Owners will be responsible for
maintenance, repair or replacement of the Improvement at their sole expense.
6. Indemnification. The Owner agrees to indemnify, protect, defend and hold
harmless the Association, its members, manager, attorneys, and agents (the "Indemnified Parties")
from and against any and all claims, causes of action losses, demands, liabilities, suits, costs and
expenses, including, without limitation, reasonable attorney's fees and court costs, asserted against
Page 2 of5
or incurred by the Indemnified Parties by reason of or arising out of in any way the construction
or existence of the Improvement. This indemnity specifically covers, without limitation, any
damage caused to any portion of the Lot, the Common Elements, any adjacent Lot or Unit, or any
other portion of the Property by the construction and all future use and existence of the
Improvement.
7. Recordation. The Association shall record this Agreement in the records of the
Garfield County, Colorado, Clerk and Recorder. This Agreement shall run with the Lot and is
binding on the Association, the Owner, their successors and assigns.
8. Entire Agreement. This Agreement constitutes the entire agreement and
understanding between the parties and supersedes any prior agreement or understandings relating
to the subject matter hereof. All modifications of this Agreement must be approved by the parties
in writing.
9. No Waiver. The failure of the Association to exercise any of its rights under this
Agreement shall not be a waiver of those rights.
10. Remedies. The parties hereto shall have the right and power to bring suit in their
own name for any legal or equitable relief due to lack of compliance with any provisions of this
Agreement. If any court proceedings are instituted in connection with the rights of enforcement
and remedies provided in this Agreement, the court shall award to the prevailing party the
reimbursement of its costs and expenses, including reasonable attorney fees, in connection
there'with and in any subsequent sr-dt to enforce a,iudgment.
11. Colorado Law. The interpretation, enforcement or any other matters relative to
this Agreement shall be construed and determined in accordance with the laws of the State of
Colorado. Any litigation involving this Agreement or its subject matter shall be brought and
maintained in the District Courts located in Garfield County, Colorado. Each party hereby waives
all rights to trial by jury.
12. Notices. All notices or other communications required or permitted to be
given pursuant to this Agreement shall be in writing and shall be considered as properly given if
sent by email and receipt is confirmed by the recipient, of if delivered by first class United States
mail, postage prepaid, or by delivering the same in person to the intended addressee as follows:
If to the Association:Ranch Manager
Ranch at Roaring Fork
14913 Highway 82
Carbondale, CO 81623
mareggJ@mssh,agp*artngflo-rk.qp-m
(970)e63-e243
Juan Grobler
353 Stagecoach Lane
Carbondale.,CO 81623
Email: i tid(t @ f f idt cr t,l,,r 'rLe - Li)'itphone: '!"/ cllu - zl q - /o{, i'S
If to Licensee
Page 3 of5
13. Counterparts. This Agreement may be executed in one or more
counterparts, each of which, when taken together shall constitute one and the same document.
Facsimile and other electronic signatures shall be binding.
0"f-f [ -L+.
Juan Gro
STATE OECO\SVOTIO
County of PrvRpr.l
Date
document was acknowledged before me on
Owner.
)
)
)
SS.
r The foregoing
duon€trddCI-,
by
My Commission expires:
Pu tc
MY
Page 4 of5
ASSOCIATION:
The
By
at Fork Homeowners Association, Inc.
q'. I
"z (f
by
rirr"l(i<=;u/e*-#
STATE OF COLORADO
County of
The foregoing document was acknowledged before me on ye
as President of the Ranch at Roaring Fork Homeowners Association, Inc., a
My Commission expires:4-m- zr
)
)
)
SS.
tt o M A,N Y C A R A AftoaryPtr
r{
ii lc
S t o c o o rd o o
l\,1 o r v D #2 0 )0 4 0 3:436MCnfttms()n F fJE0 1 7 1 0 ']tu
Page 5 of5
Lakevlew /--:;;:;ffigryt= A
Subseruiced by loanC.re MONTHLY STATEMENT
P.O Box 8068 | Virginla Beach, VA23450 | 1'800.509'0'183
4-754-04699-001 7203-002-1 -01 0-01 0-000-000
,r;l, l,lll,llll l r l l rlllll1lll1 l lll, llll tlll r rrrrlll;lll r rr r,l'l
Statement Date 0410412024
Total Amount Due $2,867.17
Payment Due Date* 0510112024
* A late fee of $1 10.82 may be assessed if payment is received after
normal business hours on 0511612024
HEEEtih+*
JUAN GROBLER
353 STAGECOACH LN
CARBONDALE CO 81623-9515 ffi
Customer Service/Pay-by-Phone: 1.800.509.0183.
*Calls are randomly monitored and recorded to ensure quality service.
Hours: Monday - Friday: B A.M. to 9 P.M. ET
Saturday: B A.M. to 3 P.M. ET
Save time and pay online at
https :i/lakeviewloanservicing. myloancare.com
Account lnformation
Loan Number
Property Address:
353 STAGECOACH LANE
CARBONDALE CO 81623
Outstanding Principal Balance
lnterest Rate
Escrow Balance
Maturity Date
Prepayment Penalty
0058291204
$459,248.33
3.6250/0
$332.54
0610112051
No
Explanation of Amount Due
Principal
lnterest
Escrow (Taxes and lnsurance)
$829.1 0
$1,387.31
$650.76
Regular Monthly Payment
New Fees & Charges (since last statement)
Past Due Amount (including unpaid feeslcharges)
Unapolied Balancet
$2,867.17
$0.00
$0.00
$0.00
Total Amount Due**$2,867.17
Past Payment Breakdown
Principal
Interest
Escrow (Taxes and lnsurance)
Fees & Charges
Unapplied Amount
Total
Paid Last Month Paid Year-to-Date
$826.60
$1,389.81
$650.76
$0.00
$0.00
$2.867.17
$3,291.49
$5,574.15
$2,603.04
$0.00
$0.00
$11,468,68
lmportant Messages
Learn more about the Homeowner Assistance Fund (HAF), a federal program helping homeowners impacted by CoVID-19- Find out more information about the availability
of HAF by visiiing the National Council of State Housing Agencies website at https://wrvrv.ncsha.org/homeowner-assistance-fund/'
*"This amount does not represent a full payoff or reinstatement figure. Please contact customer service for information on full reinstatement or to request a complete payoff
tpartial payment: lfyour loan has a past due balance, any partial payments that you make are not applied to your mortgage, but instead are held in a suspense account, and
iettecteo in'the Susfense/other co1-imn of the Transaction'Activity. if you pay th6 balance of a partiai payment, the funds will then be applied to your mortgage.
Sign up for e-statements! lt's fast, secure and convenient. Just sign in to our website and visit the Document Center.
3 I 07 I 2024 to 041 041 2024Transaction
Suspense/Other ChargesPrincipallnterestEscrowTotalDateDescription
$826.60 $1,389.81 $650.76$2,867.1 704t03t20240412024 Pa@enl- Thank You
Ad.!ili^n^, t^en .rrtuI,t' ?an b, f^nnd a, hr'tos:lllakcviewtoahseruicind.mvloancare.com undef the Transaction Hlstory tab'
Additional Contact and ce lnformation
lnsurance Genter
P.O.Box202049
Florence, SC 25502-2049
1.866.822.08S0
Faxi 843.413.7127
Monday - Friday 8 A.M. - 8 P.M. ET
Saturday: 8 A.M. to 3 P.M. ET
Email - LC623@mycoverageinfo.com
lnclude loan number and property address in body of
email
Customer Service lnquiries
LoanCare
Attn: Customer Service
P.O. Box8068
Virginia Beach, VA 23450
Telephone: 1.800.509.0189
Fax: 855.629.2607
Outside the U.S.: 757.271.5100
Monday - Friday: I A.M. to 9 p.M. ET
Saturday: I A.M. to 3 P.M. ET
Collections
1.800.509.0183
Fax: 866.221.5275
Monday - Friday 8 A.M. to I P.M. ET
Saturday: 8 A.M. to 3 P.M. ET
lnsurance Glaims Gorrespondence
P.O.8ox202014
Florence, SC 29502-201 4
1.866.822.3434
Fax: 843.413.7128
Monday- FridayBA.M. -8 P.M. ET
Saturday: 8 A,M" to 3 P.M, ET
Overnight Address
LoanCare
Attn: Appropriate Department
3637 Sentara Way
Virginia Beach, V A 23452
Noticos of Error/lnformatlon Requests
LoanCare
Attn: Office of the Customer
P.O. BOX 8068
Virginia Beach, VA 23450
Property Tax
Loancare - 0031455
P.O. Box 9241
Coppell, TX 75019-9278
Faxi 817.826.1265
COLORADO LOCAL ADDRESS &LOCAL TELEPHONE NUMBER: Within the state of Colorado, LoanCare maintains an office8690 Wolff Court, Suite 1i0,Westminster, CO 80031. The local telephone number is 303-9204763.
IMPORTANT INFORMATION
The Seruicemembers Civll Relief Act (SCRA) may offer
protection or relief to ssMce members. lf either you hare
been called to acti\€ duty or active soryice, or you are a
spouse or dependent of such a seMc€ member, you may be
entitled to certain legal protections and debt relief pursuant to
the SeMcemembe6 Civil Relief Act.
lf you have not made us aware of your status, please contact
us immediately. You may also call '1.800-342.9647 (toll free
tr h +h6 I l6ir6d Ct6ta.\
^F u^^,u/ nrilit^^,nhAq^r,r^A hit/t6d,t
bhblLhaEeT4lEa0rEThehDetbeESEEEelTlBb
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u3lSOUC NVnr
'uolreunJu, lueyodu! puo!)lptJe,roJ epls us.re^cr susi
tzozlvugo uo $noq ssoulsnq
leurJou roue pa^local s; luerui(ed ;; possesse eq {eru 79'61 1,9 Jo oal alel V+
ll1'ltl,,ll'1lt'll,tlltlt,llll'11'1,1111,,,'ll,,l,l;'1,1,,r,1;
6090-9u.16 vc ' uISnONt lO Al_tc
60909 XO8 0d
SUVCNVOI
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:posol3u3
lunouv
rorllo
obreqC ale-l
il orcsS leuotllppv
led;cu;.16 leuorllppV
$
$
$
$
$
lnformationP
Pay by Phone
To make payment using our automated telephone seMce, call 1.g00.S09.0.1g3.
By Mail
Please detach the payment coupon attached below and mail using the enclosed en\€lope,
Western Unlon Qulck Collect or Moneycram Expresspayment
Allows you to send funds dirscfly to o-ur office, 6y wire. 'nere- is a fee associated with each
leJVSe. ts9 sgre_ to provide your loan number. For the nearest payment location and for turtherdetails call 1.800.325.6000 forwestern union or 1.a00.926.940b fiir MonevGram. comoteie theQuick cottect form usins coDE ctry "LoANcARE; t;d-cboE srA#-Vd"i ;;;'r*;;;code 6353" on the Expr6sspayment'* tom. lianil"ti,ins m*io! ""rpf"bo ov s p.m. Ef iJensure same day processing.
Cuslomers. Who Pay by Check: When you pay your bill by check, you authodze us toeloctronically process your check. lf your ;heik is'processed electroni6ally, your cheJiingaccount may be debit€d the same day wo roooivc ilic ohocl( and it will not 5dreturnecl witfiyour ch€cking acoount statement, lf domeone other than you or a bill paying seruice pays
your bill, you must notify them of this policy.
Electronic check conversion is simply a process where your paper check is converted to anelectronic.payment from your accotnt. Your check ls 'copirjd and stored and th€ orioi;;lcheck is destroyed. ln most cases, your payment will sho'w as an ACH or electronic d;bit.For more information regarding this process, Msit the Federal Rosere lnternet slte at
http://www.FederalReserue.gov,
Payoff lnformation
To obtain an accurate payoff on your loan, we must recelve a reouest in wrilino indicatinoyour loan number, name, prcperty address and the date of the aniicipated payoif, This caibe ordered by sending a written r€quest by mail to our conespondenbe aOdrms: Attention:
layoff..D.epartment, or faing your iequest'to 1.904.966.2099,'or by Vsiting oui weOiife-ai
https ://lakeviewloanseruicing,myloancare.com.
als Fees
seruices you might roquest. The actual fee charged to a particular customer may be diF€rent or there may be no fee. The fee sohedule isany changes.
Listed b6low a16 some of the fees charged for special
subioct to change. Please ieview eaclr statemeni ior
No Fee
No Fee
No Fee
Automated Phone Sy$tem payment:
Onlin€ Paym6nt:
Autodraft:
lnsuffi oient/Returned Check:
Extraordinary Services:
Payoff Staiomcnt Fee:
up {o $40.00
As Agreed
up tu $60.00
State Disclosures Servicemembers Civil Relief Act
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PROPERTY DESCRIPTION
LOT 25 ,
RANCH AT ROARING FORK, PHASE V, FINAL PLAT, (RESIDENTIAL PARCEL V)
CARBONDALE,
COUNTY OF GARFIELD,
STATE OF COLORADO.
IMPROVEMENT LOCATION CERTIFICATE
LOT 25 ,
RANCH AT ROARING FORK, PHASE V, FINAL PLAT, (RESIDENTIAL PARCEL V)
COUNTY OF GARFIELD, STATE OF COLORADO
353 STAGECOACH LANE, CARBONDALE, COLORADO 81623
SURVEYOR'S CERTIFICATE:
I SCOTT R. BLACKARD HEREBY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTIFICATE WAS PREPARED FOR *SEE
BELOW* THAT IT IS NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT, AND THAT IT IS NOT TO BE RELIED
UPON FOR THE ESTABLISHMENT OF FENCE, BUILDING, OR OTHER FUTURE IMPROVEMENT LINES. I FURTHER CERTIFY
THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE, MARCH 15, 2024, EXCEPT UTILITY
CONNECTIONS ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL, EXCEPT AS SHOWN, THAT THERE ARE NO
ENCROACHMENTS UPON THE DESCRIBED PREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES, EXCEPT AS
INDICATED, AND THAT THERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDENING
ANY PART OF SAID PARCEL, EXCEPT AS NOTED.
*JUAN GROBLER
_____________________________________________________________________________________________
SCOTT R. BLACKARD L.S. 38342 DATE
EMAIL: sblackard11@gmail.com
NOTES:
1.) THE DATE OF THE FIELD SURVEY WAS MAY 9, 2024.
2.) THIS DOES NOT REPRESENT A TITLE SEARCH BY THIS FIRM OR SURVEYOR.
3.) THIS PROPERTY IS SUBJECT TO EASEMENTS, RIGHTS OF WAY AND/ OR REQUIREMENTS AS NOTED OR SHOWN IN
THE RECORDS OF THE GARFIELD COUNTY CLERK & RECORDER.
4.) BEARINGS ARE BASED UPON AS FOUND MONUMENTS AS DESCRIBED AND SHOWN PER RECORDED
PLAT RECEPTION NO. 273384 RANCH AT ROARING FORK PHASE V FINAL PLAT, (RESIDENTIAL PARCEL V)
IMPROVEMENT LOCATION CERTIFICATE
LOT 25 ,
RANCH AT ROARING FORK, PHASE V, FINAL PLAT, (RESIDENTIAL PARCEL V)
COUNTY OF GARFIELD, STATE OF COLORADO
353 STAGECOACH LANE, CARBONDALE, COLORADO 81623