HomeMy WebLinkAbout1.00 General Application MaterialsAmerican Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth 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; 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.
Page 1 of 8
ALTA COMMITMENT FOR TITLE INSURANCE
issued by
COMMONWEALTH 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,
Commonwealth Land Title Insurance Company, a(n) Florida corporation (the “Company”), commits to issue the Policy according
to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A
for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as
the Proposed Amount of Insurance and the name of the Proposed Insured.
If all of the Schedule B, Part I – Requirements have not been met within 180 days after the Commitment Date, this Commitment
terminates and the Company’s liability and obligation end.
COMMITMENT CONDITIONS
1.DEFINITIONS
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
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth 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; 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.
Page 2 of 8
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;
f. Schedule B, Part II – Exceptions; and
g. a counter-signature by the Company or its issuing agent that may be in electronic form.
4.COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien,
encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of
the Company is limited by Commitment Condition 5. The Company is not liable for any other amendment to this
Commitment.
5.LIMITATIONS OF LIABILITY
a. The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred
in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the
amended Commitment, resulting from the Proposed Insured’s good faith reliance to:
i. comply with the Schedule B, Part I – Requirements;
ii. eliminate, with the Company’s written consent, any Schedule B, Part II – Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
b. The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the amendment or
had Knowledge of the matter and did not notify the Company about it in writing.
c. The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred the
expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed
Insured.
d. The Company’s liability does not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith
and described in Commitment Condition 5.a. or the Proposed Amount of Insurance.
e. The Company is not liable for the content of the Transaction Identification Data, if any.
f. The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I
– Requirements have been met to the satisfaction of the Company.
g. The Company’s liability is further limited by the terms and provisions of the Policy to be issued to the Proposed
Insured.
6.LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM
a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.
b. Any claim must be based in contract under the State law of the State where the Land is located and is restricted to
the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured
against the Company must be filed only in a State or federal court having jurisdiction.
c. This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the
subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals
of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment.
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.
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth 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; 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.
Page 3 of 8
e. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by
the Company.
f. When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability
will be under the Policy.
7.IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies.
The issuing agent is not the Company’s agent for closing, settlement, escrow, or any other purpose.
8.PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the
Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered
to a Proposed Insured, nor is it a commitment to insure.
9.CLAIMS PROCEDURES
This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed
Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6.
10.CLASS ACTION
ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE
OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT
PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING
RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS
PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY
ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION.
11.ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is $2,000,000 or
less may be arbitrated at the election of either the Company or the Proposed Insured as the exclusive remedy of the parties.
A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration.
COMMONWEALTH LAND TITLE INSURANCE
COMPANY
P.O. Box 45023, Jacksonville, FL 32232-5023
By:
Michael J, Nolan, President
By:
Marjorie Nemzura, Secretary
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth 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; 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.
Page 4 of 8
Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment Condition
5.e.:
Issuing Agent: Commonwealth Title Company
Issuing Office: 1322 Grand Avenue
Glenwood Springs, CO 81601
Issuing Office’s ALTA® Registry ID: 1038730
Loan ID Number: 3010021411
Commitment Number: 2020-11-16
Issuing Office File Number: 2020-11-16
Property Address: 3201 County Road 117, Glenwood Springs, CO 81601
Revision Number:
SCHEDULE A
1.Commitment Date: January 29, 2025 8:00 AM
2.Policy to be issued:
(a) 2021 ALTA Owner's Policy
Proposed Insured:
Proposed Amount of Insurance:
Policy Premium:
The estate or interest to be insured:
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:
Heisel Trust
5.The land is described as follows:
The land is described as set forth in Exhibit A attached hereto and made a part hereof.
COMMONWEALTH TITLE COMPANY
1322 Grand Avenue, Glenwood Springs, CO 81601
Telephone: (970) 945-4444
Countersigned by:
Patrick P. Burwell, License #153719
Commonwealth Title Company, License #292895
COMMONWEALTH LAND TITLE INSURANCE
COMPANY
P.O. Box 45023, Jacksonville, FL 32232-5023
By:
Michael J, Nolan, President
By:
Marjorie Nemzura, Secretary
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth 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; 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.
Page 5 of 8
SCHEDULE B, PART I – Requirements
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 as set forth below:
Updated Title Commitment: $250.00
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth 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; 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.
Page 6 of 8
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:
1.Rights or claims of parties in possession, not shown by the public records
2.Easements, or claims of easements, not shown by the public records.
3.Discrepancies, conflicts in boundary lines, shortage of area, encroachments, and any facts which a correct survey
and inspection of the premises would disclose and which are not shown by the public records
4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not
shown by the public records.
5.Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records
or is created, attached, or is disclosed between the Commitment Date and the date on which all of the Schedule B,
Part I—Requirements are met.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. Any lien or charge on account of the inclusion of subject property in an improvement district.
8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public
record.
9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to
penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the
authority of the United States, as reserved in United States Patent recorded on April 5, 1923 as Instrument #1923
in the official records
10. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to
penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the
authority of the United States, as reserved in United States Patent recorded on June 20, 1893 as Instrument
#15991 in the official records
11. Any question, dispute or adverse claims as to any loss or gain as a result of any change in the river bed location
by other than natural causes, or alteration through accretion, reliction, erosion or avulsion of the center thread,
bank, channel or flow of waters in Four Mile Creek lying within subject land; and any questions as to the location of
such center thread, bed, bank or channel as a legal description monument or marker for purposes of describing or
locating subject lands.
12. Right of way for ditches and canals in place and in use.
13. Reservation of mineral rights more fully described in Deed recorded on July 27, 1948 as Instrument #16552 in the
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth 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; 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.
Page 7 of 8
official records and any and all interests therein or assignments thereof.
14. Reservation of mineral rights more fully described in Deed recorded on April 11, 1955 as Instrument #189180 in
the official records and any and all interests therein or assignments thereof.
15. Terms and conditions set forth in Agreement recorded on March 16, 1931 as Instrument #109485 in the official
records
16. Reservation of mineral rights more fully described in Deed recordedon September 17, 1955 as Instrument
#109485 in the official records and any and all interests therein or assignments thereof.
17. Easement and right of way as described in document recorded on October 20, 1959 as Instrument #207097 in the
official records
18. Easement and right of way as described in document recorded on October 20, 1959 as Instrument #207098 in the
official records
19. Reservation of mineral rights more fully described in Deed recorded on November 2, 1960 as Instrument #211613
in the official records and any and all interests therein or assignments thereof.
20. Terms and conditions set forth in Agreement recordedon February 22, 1982 as Instrument #324917 in the official
records
21. Any loss, claim or damage due to the location of fences.
22. A Deed of Trust from Fredric Heisel and Dendy Heisel to Garfield County Public Trustee in favor of Bay Equity LLC
as beneficiary dated December 18, 2020 in the original principal amount of $397,000.00 and recorded on
December 18, 2020 as Instrument #947344 in the official records of the Garfield County Recording Office.
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth 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; 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.
Page 8 of 8
EXHIBIT “A”
The Land referred to herein below is situated in the County of Garfield, State of Colorado and is described as follows:
A Parcel of land situated in the NE1/4SW1/4 and the SE1/4SW1/4 of Section 34 Township 6 South, Range 89 West of the
6th P.M. lying Westerly of the Westerly right of way line of a County Road as constructed and in place and Easterly of a
fence as constructed and in place, said Parcel being described as follows:
Beginning at a point in said fence, whence the Southwest Corner of said Section 34
bears: S. 61°32'28" W. 2539.75 feet;
thence N. 10°09'11" W. 51.84 feet along said fence;
thence N 05°23'37" E. 495.00 feet along said fence;
thence S. 87°49'50" E. 245.61 feet to a point on the Westerly right of way line of said County Road;
thence S. 03°40'39" E. 44.05 feet along the Westerly right of way line of said County Road;
thence S. 10°31'47" E 301.95 feet along the Westerly right of way line of said County Road;
thence S. 05°51'47" E. 79.71 feet along the Westerly right of way line of said County Road;
thence 90.95 feet along the arc of a curve to the right, having a radius of 379.26
feet the chord of which bears S. 01°00'26" W. 90.74 feet;
thence S. 07°52'39" W. 23.92 feet along the Westerly right of way line of said County Road;
thence West 344.10 feet to point in said fence, the Point of Beginning.
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth 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; 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.
Page 1 of 8
ALTA COMMITMENT FOR TITLE INSURANCE
issued by
COMMONWEALTH 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,
Commonwealth Land Title Insurance Company, a(n) Florida corporation (the “Company”), commits to issue the Policy according
to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A
for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as
the Proposed Amount of Insurance and the name of the Proposed Insured.
If all of the Schedule B, Part I – Requirements have not been met within 180 days after the Commitment Date, this Commitment
terminates and the Company’s liability and obligation end.
COMMITMENT CONDITIONS
1.DEFINITIONS
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
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth 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; 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.
Page 2 of 8
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;
f. Schedule B, Part II – Exceptions; and
g. a counter-signature by the Company or its issuing agent that may be in electronic form.
4.COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien,
encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of
the Company is limited by Commitment Condition 5. The Company is not liable for any other amendment to this
Commitment.
5.LIMITATIONS OF LIABILITY
a. The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred
in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the
amended Commitment, resulting from the Proposed Insured’s good faith reliance to:
i. comply with the Schedule B, Part I – Requirements;
ii. eliminate, with the Company’s written consent, any Schedule B, Part II – Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
b. The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the amendment or
had Knowledge of the matter and did not notify the Company about it in writing.
c. The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred the
expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed
Insured.
d. The Company’s liability does not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith
and described in Commitment Condition 5.a. or the Proposed Amount of Insurance.
e. The Company is not liable for the content of the Transaction Identification Data, if any.
f. The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I
– Requirements have been met to the satisfaction of the Company.
g. The Company’s liability is further limited by the terms and provisions of the Policy to be issued to the Proposed
Insured.
6.LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM
a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.
b. Any claim must be based in contract under the State law of the State where the Land is located and is restricted to
the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured
against the Company must be filed only in a State or federal court having jurisdiction.
c. This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the
subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals
of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment.
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.
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth 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; 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.
Page 3 of 8
e. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by
the Company.
f. When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability
will be under the Policy.
7.IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies.
The issuing agent is not the Company’s agent for closing, settlement, escrow, or any other purpose.
8.PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the
Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered
to a Proposed Insured, nor is it a commitment to insure.
9.CLAIMS PROCEDURES
This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed
Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6.
10.CLASS ACTION
ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE
OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT
PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING
RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS
PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY
ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION.
11.ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is $2,000,000 or
less may be arbitrated at the election of either the Company or the Proposed Insured as the exclusive remedy of the parties.
A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration.
COMMONWEALTH LAND TITLE INSURANCE
COMPANY
P.O. Box 45023, Jacksonville, FL 32232-5023
By:
Michael J, Nolan, President
By:
Marjorie Nemzura, Secretary
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth 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; 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.
Page 4 of 8
Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment Condition
5.e.:
Issuing Agent: Commonwealth Title Company
Issuing Office: 1322 Grand Avenue
Glenwood Springs, CO 81601
Issuing Office’s ALTA® Registry ID: 1038730
Loan ID Number:
Commitment Number: 2020-11-96
Issuing Office File Number: 2020-11-96
Property Address: TBD County Road 117, Glenwood Springs, CO 81601
Revision Number:
SCHEDULE A
1.Commitment Date: January 29, 2025 8:00 AM
2.Policy to be issued:
(a) 2021 ALTA Owner's Policy
Proposed Insured:
Proposed Amount of Insurance:
Policy Premium:
The estate or interest to be insured:fee simple
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:
Heisel Trust
5.The land is described as follows:
The land is described as set forth in Exhibit A attached hereto and made a part hereof.
COMMONWEALTH TITLE COMPANY
1322 Grand Avenue, Glenwood Springs, CO 81601
Telephone: (970) 945-4444
Countersigned by:
Patrick P. Burwell, License #153719
Commonwealth Title Company, License #292895
COMMONWEALTH LAND TITLE INSURANCE
COMPANY
P.O. Box 45023, Jacksonville, FL 32232-5023
By:
Michael J, Nolan, President
By:
Marjorie Nemzura, Secretary
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth 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; 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.
Page 5 of 8
SCHEDULE B, PART I – Requirements
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 as set forth below:
Updated Title Commitment: $250.00
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth 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; 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.
Page 6 of 8
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:
1. Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage of area, encroachments, and any facts which a correct survey
and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not
shown by the public records.
5. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records
or is created, attached, or is disclosed between the Commitment Date and the date on which all of the Schedule B,
Part I—Requirements are met.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. Any lien or charge on account of the inclusion of subject property in an improvement district.
8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public
record.
9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to
penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the
authority of the United States, as reserved in United States Patent recorded on April 5, 1923 as Instrument #1923
in the official records
10. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to
penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the
authority of the United States, as reserved in United States Patent recorded on June 20, 1893 as Instrument
#15991 in the official records
11. Any question, dispute or adverse claims as to any loss or gain as a result of any change in the river bed location
by other than natural causes, or alteration through accretion, reliction, erosion or avulsion of the center thread,
bank, channel or flow of waters in Four Mile Creek lying within subject land; and any questions as to the location of
such center thread, bed, bank or channel as a legal description monument or marker for purposes of describing or
locating subject lands.
12. Right of way for ditches and canals in place and in use.
13. Reservation of mineral rights more fully described in Deed recorded on July 27, 1948 as Instrument #16552 in the
official records and any and all interests therein or assignments thereof.
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth 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; 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.
Page 7 of 8
14. Reservation of mineral rights more fully described in Deed recorded on April 11, 1955 as Instrument #189180 in
the official records and any and all interests therein or assignments thereof.
15. Terms and conditions set forth in Agreement recorded on March 16, 1931 as Instrument #109485 in the official
records
16. Reservation of mineral rights more fully described in Deed recordedon September 17, 1955 as Instrument
#109485 in the official records and any and all interests therein or assignments thereof.
17. Easement and right of way as described in document recorded on October 20, 1959 as Instrument #207097 in the
official records
18. Easement and right of way as described in document recorded on October 20, 1959 as Instrument #207098 in the
official records
19. Reservation of mineral rights more fully described in Deed recorded on November 2, 1960 as Instrument #211613
in the official records and any and all interests therein or assignments thereof.
20. Terms and conditions set forth in Agreement recordedon February 22, 1982 as Instrument #324917 in the official
records
21. Any loss, claim or damage due to the location of fences.
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth 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; 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.
Page 8 of 8
EXHIBIT “A”
The Land referred to herein below is situated in the County of Garfield, State of Colorado and is described as follows:
A parcel of land situated in the SE1/4SW1/4 of Section 34, Township 6 South, Range 89 West of the 6th RM. lying
Westerly of the Westerly right of way line of a County Road as constructed and in place, Easterly of the center line of Four
Mile Creek, also Easterly of a fence as constructed and in place, said parcel being described as follows:
Beginning at a point in said fence, whence the Southwest Corner of said Section 34 bears: S. 61°32‘28" W. 2539.75 feet;
thence East 344.10 feet to a point on the Westerly right of way line of said County Road; thence S. 07°52'39" W. 145.04
feet along the Westerly right of way line of said County Road; thence 103.59 feet along the arc of a curve to the left,
having a radius of 704.07 feet, the chord of which bears S. 03°39'44" W. 103.50 feet; thence S. 00°33'10" E. 104.91 feet
along the Westerly right of way line of said County Road; thence 59.23 feet along the arc of a curve to the left, having a
radius of 1071.74 feet, the chord of which bears S. 02°08'11“ E. 59.23 feet; thence West 383.46 feet to a point in the
center of said creek; thence N. 01°16'40" E. 104.40 feet along the center of said creek; thence S. 89°03'10" E. 124.73 feet
along said fence; thence N. 14°37'17" W. 115.28 feet along said fence; thence N. 10°09'11" W. 200.33 feet along said
fence to the point of beginning.
Garfield County
fiarfuld toanty
I0U1{0ARY Hfrlt AUU$fMEf{r ArFmAVr
lln ud*r$ped rftlmB being ffrst swom upon $ereaf, depore rrd rntr u folhurs;
fl We sre the srners of tte follurlq rerl propertH in tte uninorponted uea of Gsrlldd Cmng:
tromftY emgtt: nee$ton nt.ff&?- *,*
ncu6of theCh*ard Remdtr, GarfieH County.
3f
P.fmorlq 0{{ ffiq g: f,ecegior lntln
ncor* of tle ft* ard Remrder, Grrfreld courty.
2| We are dshous d rdiuthf the bourdrry lines of our paftdr and/or hfi rnd rSn this Affdadf
in rcor&s wfrlr thr Grrfuld County l^ad Urt rnd Danbpment eode,
3l property I \ ryi*lel m onvey hnd h hpertf I ;p. Sild tend btlrq mrwg€d B desrlhd
h fxhim A shkh ls *tadttd h$sb ard h@rpffitd hetdn by rrfseme.
{ We hereily ryer$rt that no ne* prrceh or bb wlll h $erted Nnd th€nforc, $at 60rthH
€ounty will mt h rcqulred t0 is$,e any bulldlrg p€rmlts, other $in ufnt it uruld be required
to lsrx lir tle eke$ e$*lng parels or bb.
Sl We lenby ntresent that none of ttn prrels or lob irwohnd ln thf bqmdary llna rdjwtment
ar€ prrt of r pwiour[ $tted sbdlvFbn of record. tf om of tte hts b be rmedd b a bt ln
a pre&udy reorded s$dMrlon, then r Final f{rt imrndmaf b r*qulred whkh is more fuff
defrned ln rrtkb 5 of the &fidd County tsrd Use and Dadrynert (S.
6l we lterery epres*nt $et the boundary llm adjustment made refennc to hereln wlll not
ause ste lo:s of rcess $ruadorto utilitier, torny parcelor ht inwfved.
?l We hereb rqrescnt that the boundary line adirlrtment beir6 mrde *ill not ns,lh in rny of the
partels or h$ involi'ed hiry lesE thm th mlnlmum lot $t* in their r$lcrHe &ne dlstrkt
rllo$eed rs a rrsult of the boundary lim adjurtment or creete arry rpnronforming *tbacts fur
ary s$stiry stru$ure{.
8l We htn$ repruent thrtr copy of the Aflidavlt wlll be recorded with the Grrffeld founty 0erk
and f;ecorder.
DoNE *is l€.*.. , !^v of fr bouo"v .20 ?.S"
FURTHER AFFIANTS SAYETH NOT
couNrY or C.*,.8;q}d)"
The fq,rFeoing dgcument was spbscribed and sworn to before me in the County of Garfield, State
orcororado,m;- tffigtffieo#-siby Fk.* l{a-ite1.d!cnd1 y'|. l'leise"\ o*}
*l"r*:rhc:"sS -$
Property Owner S1
*9.fu*
Signature
FEcn iltts {--
Print Name
STATE OF C,t,
My Commission Expires t n/r pn\er 5{t ,z-OLg,
CA$EY D.I^AWREI{Cg
]{OTARVPUBLIC
STATE gF GOLORAOG
NOTARY tD 202040389{0
CrOMMlsErOt{ gxplfiFg NWgitB€B $Tr{, fi2e
Notary
Address
Prop€rty Owner#Z
00 Co S60\
Notary Public
(c0 I+4.L*
srArr or dUo*do* t
couNrY or fuf;rldi"
The foregoing document was subscribed and sworn to before me in the County of Garfield, State
of cororadottris lijl-aayofft&r\*n\*zo 1^5-,uv fr+C l-latsel €\?erw1 t), l-{c,:ei
aS -lr*s{e(5 crf'+U l-le;rel W\"s+, 'l
CA$EYP. TAWRET{CE
I*OTARYPLIBLIC
STATEOT CALSRASO
NCITARY t0 20?04038910
MYCOMMIS$IO'..I SXF'R€S N$VEMBER STH, &X8
My Commission Expires:
Address
c0 s/6oi
1
January 27,2025
To Whom lt May Concern,
The purpose of this Boundary Line Adjustment is to transfer a .364 acre parcel from
TBA County Road 117 PARGEL NO.2185-343'{t0-010 to 3201 County Road 117
PARCEL NO. 2185-343-00-011. This willbe done by moving the southemmost property
line of 3201 County Road 117 PARCEL NO. 2{85-343-00-0{t further ssuth
approximately 47.65'. Both properties are owned by the HeiselTruet.
Legal Descriptions of involved parcels:
Existing Residence owned by HeiselTrust Page 2
Vacant Land Owned by HeiselTrust Pages 3-4
Transfer Parcel Page 5
Kind Regards,
Fred and Dendy Heisel, Trustees, HeiselTrust
2
Exirting Residenee owned by HeiselTrust
3201 County Road 117 PARCEL ll0.2{85*343-{10-{ttt
3201 COUNTY ROAD 117 PROPERTY DFSCRIPTION - RE$ULTIHG:
A PARCEL OF LAND SITUATED IN THE NE1I4$W1I4 AND THE SE1/4SW1/4 OF SECTION 34,
TOWNSHIP 6 $OUTH, RANGE 89 WEST, OF THE 6TH PRINCTPAL MERIDIAN, COUNTY OF
GARFIELD, STATE OF COLORACIO, LYING WESTERLY OF THE WESTERLY RIGHT-OF.WAY LINE
OF CCIUNry ROAD NO. 117 AS CONSTRUCTED AND IN PLACE, SAIO PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLI-OW$: COMMENCING AT A POINT ON THE EASTERLY
BOUNDARY OF A PARCEL OF LAND DFSgRIBED IN THE WARRANTY DEED RECORDED AS
RECEPTION NO. 8S7508 OF THE GARFIELD COUNTY CLERK ANCI RECORDERS OFFICE, A NO. 5
REBAR FOUNP IN FLACE, THE FOINT OF BEGINNING, WHENCE THE SOUTHWEST CORNER OF
SAl0 SECTION 34 BEARS: S61'32'38'W A DISTANCE OF 2,539.43 FEET; THENCE ALONG THE
EASTFRLY BOUNDARY OF SAID PARCEL OF LAND N10"12'57'W A DI$TANCE OF 51,97 FEET TO A
No.5 REBAR AND YELLow PLAsTlc cAP P.L.s. No. 19598 FCIUND lN pLACE;THEN$E
CONTINUING ALONG SAID EASTERLY BOUNDARY AND THE EASTERLY BOUNDARY OF A
PARCEL OF LANCI DESCRIBED IN RECEPTION NO, 899171 OF THE GARFIELD COUNTY CLERK
AND RECORDERS OFFICE NO5'25'24"E A DISTANCE OF 4g5,OO FEET TO THE SOUTHWE$T
CORNER OF A PARCEL OF LAND DESCRIBED IN THE WARRANTY DEED R,ECORDED AS
RECEPTION NO. 414065 OF THE GARFIELD COUNTY CLERK ANO RECORDERS OFFICE, A NO. 5
REBAR AND YELLOW PLASTIC CAP P"L.S. NO. 19598 FOUND lN PLACE; THENCE LEAVING EAID
EASTERLY BOUNDARIES S87"53'49'E ALONG THE SOUTHERLY BOUNDARY OF SAIP PARCEL OF
I-AND DESCRIBED IN THE WARRANW DEED RECORDEN AS RECEPTION NO.414065, A
DISTANCE OF 245.59 FEET TO A POINT ON THE WESTERLY RIGHT.OF.WAY OF SAID COUNTY
ROAD NO 117, WHENCE A NO" 5 REBAR AND YELLOW PLASTIC CAP F.L.$. NO. 15710, A 25.00
FOOT WITNESS CORNER FOUND II'.I PIACE;THENCE LEAVING SAID S0UTHERLY BOUNDARY
SO3'40'39"E ALONG SAID WESTERLY RIGHT-OF WAY A DISTANCE OF 44.19 FEET TO A PK NAIL
ANO SHINER F.L.$. NO.37935 SET lN PLACEITHENCE CONTINUING ALONG $AtD WESTERLY
RIGHT.OF-WAY S1O'31'47'E, A DISTANCE OF 301,95 FEET, A NO. 5 REBAR AND YELLOW PLA$TIC
CAP P.L.S. NO.37935 SET lN PLACE;THENCE CONTINUTNG ALONG SA|D WE$TERLY
RIGHT-OF-WAY S05"51'47U8 A DISTANCE OF 79.71 TEET, A NO. 5 REBAR AND YELLOW PLASTIC
CAP F.L.S. NO.37935 SET lN PLACE;THENC$ CONTINUING ALONG SA|D WESTERLY
RIGH]:OF*WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 379,26 FEET,
A CENTRAL ANGLE OF 13'44'28" ANS A DTSTANCE OF 90,95 FEHT TCHORD BEARS S01"00'26"W A
DISTANCE OF 90.74 FEET), A NO. 5 REBAR AND YELLOW pLAST|C CAp p.L.$. NO. 37935 SET tN
FLACE; THENCE CONTINUII,IG ALONG SAID WESTERLY RIGHT.OF.WAY $07"52,39'WA DI$TANCE
OF 71"51 FEET TO A NO. 5 REBAR AND YELLOW PLASTIC CAP P.L.S. NO. 37935 SET IN PLACE;
THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY $Bg'59'59"W A DISTANCE OF 329.30 FEET TO
A POINT ON SAID EASTERLY BOUNDARY OF SAID PARCEL OF LAND DE$CRIBED IN THH
WARRANTY DEED RECORDED AS RECEPT'ON NO, 867508; THENCE N10'1?'57"W ALONG SA|D
EASTFRLY BOUNDARY A DI$TANCE OF 47.65 FEET TQ THE POINT OF BEGINNING; RESULTING
FARCEL OF LAND CONTAINING 4.?12 ACRES MORE OR LES$.
3
Vacant Land Owned by HeiselTrust
TBA County Road 117 PARCEL NO. 2185-343{0-{l{0
TBD COUNTY ROAD 117 PROPERTY DESCRIFTION - RESULTING:
A PARCEL OF LAND SITUATEP IN THE SE1I4SW1/4 OF SECTION 34, TOWNSHIP 6 SOUTH, RANGE
89 WE$T, CIF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO,
LYING WESTERLY OF THE WESTERLV RIGHT-OF.WAY LINE OF COUNTY ROAD NO. 117 AS
CON$TRUCTED AND IN PLACE, EASTERLY OF THE CENTERLINE OF FOUR MILE CREEK, SAID
PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON
THE EA$TERLY BOUNDARY OF A FARCEL OF LAND DESCRIBED IN THE WARRANW DEED
RECORDED AS RECEPTION NO. 867508 OF THE GARFIELD COUNTY CLERK AND RECORDERS
OFFICE, A NO. 5 REBAR FOUND IN PLACE, WHENCE THE $OUTHWEST OORNER OF $AID
SECTION 34 BEAR$: 561"32'38"W A DISTANCE OF 2,539.48 FEET;THENCE ALONG SAID
EASTERLY BOUNDARY 51O'12'57'E A DISTANCE OF 47.65 FEET TO THF POINT OF BEGINNING, A
NO.5 REBAR AND YELLOW PLASTIC CAP P.L.S. NO. 37s35 SET lN PLACE; THENCE LEAVING SAID
EASTERLY BOUNDARY NB9"5g'59"E A DISTANCE OF 329.30 FEET TO A POINT ON THE $AID
WESTERLY RIGHT.OF.WAY OF SAID COUNTY ROAD NO, 117,A NO.5 REBAR AND YELLOW
PLA$TIC CAP P.L.S" NO. 37935 SET IN PLACE: THENCE $07"52'39"W ALONG SAID WE$TERLY
RIGHT.OF.WAY A DISTANCE OF 97.45 FEET TO A NO. 5 REBAR ANN YELLOW PLASTIC CAP P.L.S.
NO.37935 SET lN PLACE; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY ALONG
THE ARC OF A, CURVE TO THE LEFT HAVING A RADIUS OF 704.09 FEET AND A CENTRAL ANGLE
oF 09"2549", A DTSTANCE OF 103.59 FEET (CHORD BEARS S03"3944'W, A DISTANCE OF 103.50
FEET) T0 A NO.5 REBAR AND YELLOW PLASTIC CAP p.L.S" NO.37935 $ET lN PLACE; THENCE
CONTINUING ALONG SAID WESTERLY RIGHT-OF.WAY SOO'33'10-8, A DISTANCE OF 104.91 FEET
TO A NO.5 REBAR AND YELLOW PLA$TIC CAP P.LS. NO. 37935 SET IN PLACE; THENCH
CONTINUING ALONG SAID WESTERLY RIGHT.OF.WAY ALONG THE ARC OF ACURVE TO THE
LEFT HAVING A RADIUS OF 1,Q71.74 FEET A CENTRAL ANGLE OF 03"10'01", A DI$TANCE OF
59-24 FEET (CHORD BEARS S02'08'11'8, A DI$TANCE OF 59.23 FEET) TO THE NORTHEAST
CORNER OF A PARCEL OF LAND DESCRIBED IN THE WARRANTY DEED RECORDED A$
RECEPTION NO.947254 OF THE GARFIELD COUNTY CLERK AND RECORDERS OFFICE, ANO,5
REBAR BEARS S 71'18'12'E A DISTANCE OF 0.34 FEET FOUND DISTURBED; THENCE LEAVING
SAID WESTERLY RIGHT.OF.WAY N 9O"OO'OO'W ALONG SAID NORTHERLY BOUNDARY A
DISTANOE OF 3S3.46 FEET TO A POINT ON THE EASTERLY BOUNDARY OF A PARCEL OF LAND
DESCRIBED IN WARRANTY DEED RECCIRDED AS RECEPTION NO.832521, POINT ALSO IN THF
CENTERLINE OF $AID 4 MILH CREEK, WHENCE A NO. 5 REBAR BEARS 589"10'17"8, 38.83 FEET
FOUND lN PLACE; THENCE LEAVING SAID NORTHERLY BOUNDARY N01"16'40'E ALONG $AlD
EASTERLY BOUNDARY AND THE EASTERLY BOUNDARY OF A FARCHL OF LAND DESCRIBED IN
THE BARGAIN AND SALE DEED RECORDED AS RECEPTION NO.993682 OF TI.{E GARFIELD
COUNTY CLERK AND RECORDERS OFFICE A DISTANCE OF 104.40 FEET TCI THE
$OUTHWESTERLY CORNER OF SAIN PARCEL OF LAND PESCRIBED IN WARRANTY DEED
RECORDED AS RECEPTION NO. S67508, WHENCE A NO, 5 REBAR AND YELLOW PLASTIC CAP
P.L.$. NO. 19598 BFING A 46.01 FOOT WITNES$ CORNER BEAR$ EASTERLY THENCE LEAVING
SAIO CENTERLINF CIF CREEK AND EASTERLY BOUNDARIES $89'03'13"E ALONG $OUTHERLY
BOUNDARY OF SAID PARCEL OF LAND DESCRIBED IN THE WARRANTY DEED RECORDED AS
RECEPTION NO. 867508, A DISTANCE OF 124.73 FEFT TO THE SOUTI-IEAST CORNER OF SAID
PARCEL OF LAND, A NO. 5 REBAR AND YELLOW PLASTIC CAP P.L.$, NO. 19598 FOUND IN
4
ptACE; THENCE ALONG THE EASTERLY BOUNDARY OF $AlD PARCEL 9FIAI?.DE$CRIBED lN
THE WARRANW DEED RECORDED AS RECEPTION NO. 86750S N14'3S55ryV A DI$TANGE OF
115"30 FEET TO A NCI. 5 RFBAR AND YELLOW PLASTIC CAP P.L.S. NO..T959$ FCIUND IN PTACE;
THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY N1O'12'57"\IV A DISTANCE OF 152'45
FEET TO THE pOtNT OF BE$INNING; RE$ULTING PARCET OF LAND OOf'lTAlNlNC 2.638 ACRE$
MORE OR LTSS.
5
Exhibit A
TRAN$FER PARCEL DE$CRIPTION:
A PARCEL OF LAND SITUATED IN THE $81/4SW114 OF SECTION 34, TOWNSHIP S
SOUTH, RANSE 8g WE$T, OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIFLD,
STAIE OF COLORADO, LYING WESTERLY OF THE WESTERLY RIGHT.OF.WAY LINE OF
COUNTY ROAD NO. 117 AS CONSTRUCTED AND IN PLACF, SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMHNCING AT A POTNT CIN THE
FASTERLY BOUNOARY OF A PARCEL OF LANN DESCRIBED IN THE WARRANTY DEED
RECORDED AS RECEPTIQN NO. 8S7508 OF THE GARFIELO GOUNTY CLERK AND
RECORDERS OFFICE, A NO. 5 REBAR FOUNN IN PLACE, THE POINT OF BEGINNING,
WHENCE THE SOUTHWE$T CORNER OF SAIO SECTION 34 BEARS: S 61"32'38" W, A
DISTANCE OF 2,539"4S FFET;THENCE LEAVING SAID EASTERLY BOUNDARY
N8g'57'34"8 A DISTANCE CIF 344.27 FEET TO A POINT ON THF WESTERLY
RIGHT-OF-WAY OF SAID COUNTY ROAD NO. 117;THENCE S07"52'39"W ALONG SAID
WESTERLY RIGHT.OF.WAY A DISTANCE OF 47.59 FEET TO A NO. 5 REBAR AND YELLOW
PLA$TIC CAP P.L.S. NO. 37935 SET lN PLACE;THFNCE LEAVING SAID WESTERLY
RIGHT.OF.WAY $89"59'59"W A DISTANCE OF 329.30 FEET TO A POINT ON SAID
EASTERLY BOUNDARY; THENCE ALONG SAID EA$TERLY BOUNDARY N10"12'S7V/ A
DI$TANCE OF 47.S5 FEET TO THE POINT OF BEGINNING: SAID PARCEL oF LAND
CONTAINING 0.364 ACRES MORE CIR LESS, SAID PARCFI. I$ TO BE MERGED WITH A
TRACT SF ISND PRESENTLY IDENTIFIED AS ASSESSOR's PARCEL NO.
218534300011 AND RECEPTION NO. 952587 IN THE RECORDS OF THE CLERK
AND RECORDER, GARFIELN COUNry AND SAID PARCEL CANNOT BE SOLD
SEPARATELY FROM THF MERGED TRACT OF LAND.
BARGAIN AND SALE DEED
Heiset Trust, Grantor' for considcralion of Tcn Dollars ($10) and other good and valuable
considcration, in hand paid, hcreby sells and convcys to Heisel Trust, Grarteco whosc lcgal addrcss is
3201 County Road I lT. Glenwood fiprings Colorado B160l, all of Grantor's right" title and inbrsst in and
to that real property located in tlre County of Garfietd and State of Colorado describ$d as follows:
A PARCEL OF LAND SITUATED IN THE SE1I4SW1/4 OF SECTICIN 34, TOV\NSHIP 6 SOUTH' RANGE
89 IJ\EST, OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO'
LYING \IVESTERLY OF THE WESTERLY RIGHT'OF'WAY LINE OF COUNTY ROAD NO' 117 AS
CON$TRUCTED AND IN PLACE, SAID PARCEL BEING MORE PARTICUI'ARLY DESCRIBED AS
FOLLOW$: COMMENCING AT A POINT ON THE FASTERLY BOUNDARY OF A FARCEL OF LAND
DE$CRIBED IN THE WARRANW DEED RECORDED AS RECEPTION NO. 867508 OF THE
GARFIELD COUNTY CLERK AND RECORDER$ OFFICE, A NO. 5 REBAR FOUND IN PLACE' THE
FOINT OF BEGINNING, I/\'FIENCE THE SOUTHWEST CORNER OF $AID SECTION 34 BEARS: S
61"32'38" W A DISTANCE OF 2,539,48 FEEX THENCE LEAVING SAID EASTERLY BOUNDARY
N89N57'34"E A DI$TANCE OF 344.2? FEET TO A POINT ON THE WESTERLY RIGHT-OF'WAY OF
SA1D COUN1y ROAD NO. tt7; THENCE S07'52'39WALONG SAIO \/VE$TERLY RIGHT-OF WAY A
DISTANCE OF 47.59 FEET TO A NO. 5 REBAR AND YELLOW PLASTIC CAP P.L.S. NO' 37935 SET IN
ptScE; THENCE LEAVTNG SAID WESTERLY RTGHT-OF-WAY S89"59'59'W A DI$TANCE OF 329.30
FEET TO A POINT ON SAID EASTERLY BOUNDARY THENCE ALONG SAID EASTERLY BOI'NDARY
N10,12,57"W A DISTANCE OF 47.65 FEET TO THE POINT OF BEGINNING; SAID FARCEL OF IAND
CONTAINING 0.364 ACRES MORE OR LESS, SAID PARCEL IS TO BE MERGEO WTH A TRACT OF'
I-AND PRESENTLY IDENTIFIED AS AS$E$SOR'S PARCEL NO. 218534300011 AND RECEPTION NO'
95258? IN THE RECORDS OF TT{E CLERK AND RECORDER, GARFIELD COUNTY' AND SAID
PARCEL CANNOT BE SOLD SEPARATELY FROM THE MERGED TRACT OF LAND'
Together with all aPPurtcnances'
STCNED on this l32d"y *
Fredric T. Heisel, Tru$tee, Heisel Trust' Grantor Trustee, Heisel Grantor
S IHTH OF COLORADO
COUNTY OF GARFIELD
The foregoing instnrment was acknowledged before me on this ffday of
F'redric 1l and Dendy M. Heiscl,'lrustees, Heisel lrust, as Grantors.
ss.
)
)
)
Ehs 2025, by
CASEY O" LAVUNEHCE
'{OTARY
PUBTIC
CTATESF EOLONADO
NOTARY la ?04040e8910
[fT COil4$IA$QFI CXPIRES HS\GilBER 6TH'2&8
Notary Public
WITNESS my hard and official seal
/\&r*:'i::loq €* P ; raS lfthrbrr 5l. ,?oE
X X X X X
X
X
X
X
X
X
X XX
X
X X
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X
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X
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X
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X
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X X
X
OE
X
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O
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N 90°00'00" W 383.46' (DEED) N
0
1
°
1
6
'
4
0
"
E
1
0
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4
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E
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N
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(
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N
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W
1
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W
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N
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N
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E
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9
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N
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°
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"
E
4
9
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0
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L
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30
7
.
3
9
'
S 87°49'50" E 245.61' (DEED)
S 87°53'49" E 245.59' (FIELD)
CABLE TV POWER POLE PEDESTAL
SHED
GARDEN
GUY WIRE
S
1
0
°
3
1
'
4
7
"
E
3
0
1
.
9
5
'
(
D
E
E
D
)
S
0
7
°
5
2
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3
9
"
W
1
4
5
.
0
4
'
(
D
E
E
D
)
S
0
0
°
3
3
'
1
0
"
E
10
4
.
9
1
'
(
D
E
E
D
)
S 89°59'59" W 329.30'
W
W
XX
S 03°40'39" E 44.05' (DEED)
S 03°40'39" E 44.19' (FIELD)
S 05°51'47" E 79.71' (DEED)
S 07°52'39" W 23.92' (DEED)
NO. 5 REBAR AND 1.25"
YELLOW PLASTIC CAP
P.L.S. NO. 15710 FOUND
25' WITNESS CORNER
0.50' ABOVE GROUND
NO. 5 REBAR AND 1.25" YELLOW
PLASTIC CAP P.L.S. NO. 19598
FOUND FLUSH WITH GROUND
BASIS OF BEARINGS COWLING
FAMILY TRUST BARGAIN AND
SALE DEED 899171
NO. 5 REBAR AND 1.25"
YELLOW PLASTIC CAP P.L.S.
NO. 19598 FOUND 0.10'
ABOVE GROUND BEARS N
84°07'18" W, 0.26' OF
BOUNDARY INTERSECTION
18
7
.
6
1
'
NO. 5 REBAR AND 1.25"
YELLOW PLASTIC CAP
P.L.S. NO. 19598 FOUND
0.10' ABOVE GROUND
NO. 5 REBAR FOUND
0.10' ABOVE GROUND
NO. 5 REBAR AND 1.25"
YELLOW PLASTIC CAP
P.L.S. NO. 37935 SET
FLUSH WITH GROUND
POINT OF BEGINNING
FOR TBD CR 117
NO. 5 REBAR AND 1.25"
YELLOW PLASTIC CAP
P.L.S. NO. 37935 SET
FLUSH WITH GROUND
(TYPICAL)
GUY WIRE
POWER POLE
POWER POLE
POWER POLE
WELL
WELL
NO. 5 REBAR AND 1.25"
YELLOW PLASTIC CAP
P.L.S. NO. 19598 FOUND
0.20' ABOVE GROUND
NO. 5 REBAR AND 1.25"
YELLOW PLASTIC CAP
P.L.S. NO. 19598 FOUND
FLUSH WITH GROUND
NO. 5 REBAR AND 1.25"
YELLOW PLASTIC CAP
P.L.S. NO. 19598 FOUND
FLUSH WITH GROUND
46.01' WITNESS CORNER
GUY WIRE
NO. 5 REBAR FOUND
0.60' ABOVE GROUND
BEARS S 89°10'17" E, 38.83' NO. 5 REBAR FOUND BENT
BEARS S 71°18'12" E, 0.34'
CO
U
N
T
Y
R
O
A
D
1
1
7
(4
M
I
L
E
R
O
A
D
)
CO
U
N
T
Y
R
O
A
D
1
1
7
(4
M
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E
R
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)
C
O
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N
T
Y
R
O
A
D
1
1
7
(
4
M
I
L
E
R
O
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D
)
S 90°00'00" W 344.10' (DEED)
S 89°57'34" W 344.27' (FIELD)
NEW LOT LINE
ORIGINAL LOT LINE VACATED
OVERHEAD
ELECTRIC LINE
(TYPICAL)
OVERHEAD
ELECTRIC LINE
(TYPICAL)
FENCE
(TYPICAL)
FENCE
(TYPICAL)
FENCE
(TYPICAL)
FENCE
(TYPICAL)
FENCE
DILAPIDATED
FENCE
(TYPICAL)
CONCRETE
PARKING
NO. 5 REBAR AND 1.25"
YELLOW PLASTIC CAP
P.L.S. NO. 37935 SET
FLUSH WITH GROUND
(TYPICAL)
PK AND SHINER P.L.S.
NO. 37935 SET FLUSH
WITH ASPHALT
AS
P
H
A
L
T
D
R
I
V
E
W
A
Y
DECK
DECK
ONE STORY
WOOD HOUSE
WITH BASEMENT
3201 COUNTY ROAD 117
BARN
BA
R
N
SHED
∆=13°44'28"
R=379.26'
L=90.95' (DEED)
L=90.96' (FIELD)
CHB=S 01°00'26" W
CHL=90.74'
∆=8°25'48"
R=704.07' (DEED)
R=704.09' (FIELD)
L=103.59'
CHB=S 03°39'44" W
CHL=103.50'
∆=3°10'01"
R=1071.74'
L=59.23' (DEED)
L=59.24' (FIELD)
CHB=S02°08'11"E
CHL=59.23'
TRANSFER PARCEL
0.364 ACRES ±
N 10°09'11" W 51.84' (DEED)
N 10°12'57" W 51.97' (FIELD)
S 89°03'10" E 124.73' (DEED)
S 89°03'13" E 124.73' (FIELD)
1
5
2
.
4
5
'
4
7
.
6
5
'
97
.
4
5
'
47
.
5
9
'
A WILLIAM STARK
WARRANTY DEED 414065
DARLENE C. MARTINO & JOYCE I ELLIS
WARRANTY DEED 867508
BJ CAROTHERS RENTALS LLC
BARGAIN AND SALE DEED 993682
GRANVILLE W. FARNUM
REVOCABLE TRUST & FA
WARRANTY DEED 832521
JOSHUA K. & MARION B. GREENE
WARRANTY DEED 947254
GATE
GATE
NO. 5 REBAR FOUND
0.10' ABOVE GROUND
P.O.B. 3201 CR #117 &
TRANSFER PARCEL
RECEPTION NO. 952587
PARCEL NO. 2185-343-00-011
TRACT IN NE1/4SW1/4 AND
SE1/4SW1/4 SEC 34
ORIGINAL 3.849 ACRES ±
RESULTING 4.213 ACRES ±
RECEPTION NO. 968969
PARCEL NO. 2185-343-00-010
TRACT IN SE1/4SW1/4 SEC 34
ORIGINAL 3.000 ACRES ±
RESULTING 2.636 ACRES ±
NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION
BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST
DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN
THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE
CERTIFICATION SHOWN HEREON.
By NO. Date Project NO. Revision Drawn By:
Checked By:
Date:
Computer File:
P.O. Box 1746
Rifle, CO 81650
Phone (970) 625-1954
Fax (970) 579-7150
www.peaksurveyinginc.com
S
NW
E
P e a k S u r v e y i ng, Inc.
Es t . 2 0 0 7
SMS
JRN
JANUARY 15, 2025
073.DWG
24073 1 OF 1 HEISEL TRUST GARFIELD COUNTY, COLORADO LOT LINE
ADJUSTMENT MAP TRACT IN SECTION 34 3201 COUNTY ROAD
117
Heisel Boundary Line Adjustment Map
PARCELS OF LAND SITUATED IN SECTION 34, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE 6TH P.M.
COUNTY OF GARFIELD, STATE OF COLORADO
NOTES:
1) THE PURPOSE OF THIS BOUNDARY LINE ADJUSTMENT IS TO ADD THE AREA SHOWN ALONG
THE SOUTHERLY BOUNDARY OF RECEPTION NO. 952587 FROM RECEPTION NO. 968969.
2) THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS, BUILDING
SETBACKS AND EASEMENTS OF RECORD, OR IN PLACE. THIS SURVEY WAS PREPARED
WITHOUT THE BENEFIT OF A TITLE COMMITMENT THEREFORE, EXCEPTIONS TO TITLE THAT
MAY AFFECT THE SUBJECT PROPERTY HAVE NOT BEEN RESEARCHED BY PEAK SURVEYING,
INC.
3) THE DATE OF THIS SURVEY WAS JULY 19, AND 24, 2024.
4) BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF S 01°48'55" E BETWEEN THE
NORTHWEST CORNER OF THE NORTH SUBJECT PROPERTY, A NO. 5 REBAR AND YELLOW
PLASTIC CAP P.L.S. NO. 19598 FOUND IN PLACE AND A WESTERLY ANGLE POINT OF THE
SOUTH SUBJECT PROPERTY, A NO. 5 REBAR AND YELLOW PLASTIC CAP P.L.S. NO. 19598 FOUND
IN PLACE.
5) UNITS OF MEASURE FOR ALL DIMENSIONS SHOWN HEREON IS U.S. SURVEY FEET.
6) THIS SURVEY IS BASED ON THE BARGAIN AND SALE DEED, RECORDED MARCH 19, 2021 AS
RECEPTION NO. 962587, THE BARGAIN AND SALE DEED, RECORDED DECEMBER 29, 2021 AS
RECEPTION NO. 968969, IN THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE AND
CORNERS FOUND IN PLACE.
7) SITE IS ZONED R (RURAL) PER COUNTY OF GARFIELD LAND USE CODE, BUILDING SETBACKS
SHOULD BE VERIFIED WITH THE COUNTY PLANNING DEPARTMENT PRIOR TO ANY
PLANNING OR CONSTRUCTION.
8) ERROR IN CLOSURE FOR THE DESCRIBED PARCEL IS LESS THAN 1:15,000.
N E S 0 330 30 60 90 120 210 150 180
300 0 W 270 240
P
e
a
k
Surv
e
y ing,
I
n
c
.
60 120 30 240 60
SURVEYOR'S STATEMENT:
I, JASON R. NEIL, HEREBY CERTIFY TO HEISEL TRUST, THAT I AM A PROFESSIONAL LAND
SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO; THAT THIS BOUNDARY
LINE ADJUSTMENT MAP IS TRUE, CORRECT AND COMPLETE BASED ON MY KNOWLEDGE,
INFORMATION AND BELIEF AS LAID OUT AND SHOWN HEREON; THAT THIS BOUNDARY LINE
ADJUSTMENT MAP IS NOT A GUARANTY OR WARRANTY, EITHER EXPRESSED OR IMPLIED, THAT
THIS BOUNDARY LINE ADJUSTMENT MAP WAS MADE BY ME FROM AN ACCURATE SURVEY OF
THE REAL PROPERTY PERFORMED BY ME OR UNDER MY DIRECT SUPERVISION ON JULY 19, AND
24, 2024.
DATED: SEPTEMBER 03, 2024
BY:___________________________________
JASON R. NEIL, P.L.S. NO. 37935 FOR
AND ON BEHALF OF37935 PEAK
SURVEYING, INC.
TBD COUNTY ROAD 117 PROPERTY DESCRIPTION - RESULTING:
A PARCEL OF LAND SITUATED IN THE SE1/4SW1/4 OF SECTION 34, TOWNSHIP 6 SOUTH, RANGE 89 WEST, OF THE 6TH
PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, LYING WESTERLY OF THE WESTERLY RIGHT-OF-WAY
LINE OF COUNTY ROAD NO. 117 AS CONSTRUCTED AND IN PLACE, EASTERLY OF THE CENTERLINE OF FOUR MILE CREEK,
SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE EASTERLY
BOUNDARY OF A PARCEL OF LAND DESCRIBED IN THE WARRANTY DEED RECORDED AS RECEPTION NO. 867508 OF THE
GARFIELD COUNTY CLERK AND RECORDERS OFFICE, A NO. 5 REBAR FOUND IN PLACE, WHENCE THE SOUTHWEST
CORNER OF SAID SECTION 34 BEARS: S61°32'38"W A DISTANCE OF 2,539.48 FEET; THENCE ALONG SAID EASTERLY
BOUNDARY S10°12'57”E A DISTANCE OF 47.65 FEET TO THE POINT OF BEGINNING, A NO. 5 REBAR AND YELLOW PLASTIC CAP
P.L.S. NO. 37935 SET IN PLACE; THENCE LEAVING SAID EASTERLY BOUNDARY N89°59'59"E A DISTANCE OF 329.30 FEET TO A
POINT ON THE SAID WESTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD NO. 117 ,A NO. 5 REBAR AND YELLOW PLASTIC CAP
P.L.S. NO. 37935 SET IN PLACE; THENCE S07°52'39”W ALONG SAID WESTERLY RIGHT-OF-WAY A DISTANCE OF 97.45 FEET TO A
NO. 5 REBAR AND YELLOW PLASTIC CAP P.L.S. NO. 37935 SET IN PLACE; THENCE CONTINUING ALONG SAID WESTERLY
RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 704.09 FEET AND A CENTRAL ANGLE OF
08°25'48”, A DISTANCE OF 103.59 FEET (CHORD BEARS S03°39'44"W, A DISTANCE OF 103.50 FEET) TO A NO. 5 REBAR AND
YELLOW PLASTIC CAP P.L.S. NO. 37935 SET IN PLACE; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY
S00°33'10"E, A DISTANCE OF 104.91 FEET TO A NO. 5 REBAR AND YELLOW PLASTIC CAP P.L.S. NO. 37935 SET IN PLACE;
THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A
RADIUS OF 1,071.74 FEET, A CENTRAL ANGLE OF 03°10'01", A DISTANCE OF 59.24 FEET (CHORD BEARS S02°08'11"E, A
DISTANCE OF 59.23 FEET) TO THE NORTHEAST CORNER OF A PARCEL OF LAND DESCRIBED IN THE WARRANTY DEED
RECORDED AS RECEPTION NO. 947254 OF THE GARFIELD COUNTY CLERK AND RECORDERS OFFICE, A NO. 5 REBAR BEARS
S 71°18'12" E A DISTANCE OF 0.34 FEET FOUND DISTURBED; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY N 90°00'00” W
ALONG SAID NORTHERLY BOUNDARY A DISTANCE OF 383.46 FEET TO A POINT ON THE EASTERLY BOUNDARY OF A PARCEL
OF LAND DESCRIBED IN WARRANTY DEED RECORDED AS RECEPTION NO. 832521, POINT ALSO IN THE CENTERLINE OF
SAID 4 MILE CREEK, WHENCE A NO. 5 REBAR BEARS S89°10'17"E, 38.83 FEET FOUND IN PLACE; THENCE LEAVING SAID
NORTHERLY BOUNDARY N01°16'40"E ALONG SAID EASTERLY BOUNDARY AND THE EASTERLY BOUNDARY OF A PARCEL OF
LAND DESCRIBED IN THE BARGAIN AND SALE DEED RECORDED AS RECEPTION NO. 993682 OF THE GARFIELD COUNTY
CLERK AND RECORDERS OFFICE A DISTANCE OF 104.40 FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL OF
LAND DESCRIBED IN WARRANTY DEED RECORDED AS RECEPTION NO. 867508, WHENCE A NO. 5 REBAR AND YELLOW
PLASTIC CAP P.L.S. NO. 19598 BEING A 46.01 FOOT WITNESS CORNER BEARS EASTERLY; THENCE LEAVING SAID
CENTERLINE OF CREEK AND EASTERLY BOUNDARIES S89°03'13"E ALONG SOUTHERLY BOUNDARY OF SAID PARCEL OF
LAND DESCRIBED IN THE WARRANTY DEED RECORDED AS RECEPTION NO. 867508, A DISTANCE OF 124.73 FEET TO THE
SOUTHEAST CORNER OF SAID PARCEL OF LAND, A NO. 5 REBAR AND YELLOW PLASTIC CAP P.L.S. NO. 19598 FOUND IN
PLACE; THENCE ALONG THE EASTERLY BOUNDARY OF SAID PARCEL OF LAND DESCRIBED IN THE WARRANTY DEED
RECORDED AS RECEPTION NO. 867508 N14°36'55"W A DISTANCE OF 115.30 FEET TO A NO. 5 REBAR AND YELLOW PLASTIC
CAP P.L.S. NO. 19598 FOUND IN PLACE; THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY N10°12'57"W A DISTANCE
OF 152.45 FEET TO THE POINT OF BEGINNING; RESULTING PARCEL OF LAND CONTAINING 2.636 ACRES MORE OR LESS.
CLERK AND RECORDER'S CERTIFICATE THIS MAP WAS FILED FOR RECORD
IN THE OFFICE OF THE CLERK AND RECORDER OF
GARFIELD COUNTY, COLORADO, AT ____ O'CLOCK _____, ON THIS ____ DAY OF ,
20__, AND IS DULY RECORDED AS RECEPTION NO. _______________.
BY: CLERK AND RECORDER
BY: DEPUTY
3201COUNTY ROAD 117 PROPERTY DESCRIPTION - RESULTING:
A PARCEL OF LAND SITUATED IN THE NE1/4SW1/4 AND THE SE1/4SW1/4 OF SECTION 34, TOWNSHIP 6 SOUTH, RANGE 89
WEST, OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, LYING WESTERLY OF THE
WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 117 AS CONSTRUCTED AND IN PLACE, SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE EASTERLY BOUNDARY OF A PARCEL OF
LAND DESCRIBED IN THE WARRANTY DEED RECORDED AS RECEPTION NO. 867508 OF THE GARFIELD COUNTY CLERK
AND RECORDERS OFFICE, A NO. 5 REBAR FOUND IN PLACE,
THE POINT OF BEGINNING, WHENCE THE SOUTHWEST CORNER OF SAID SECTION 34 BEARS: S61°32'38"W A DISTANCE OF
2,539.48 FEET; THENCE ALONG THE EASTERLY BOUNDARY OF SAID PARCEL OF LAND N10°12'57"W A DISTANCE OF 51.97
FEET TO A NO. 5 REBAR AND YELLOW PLASTIC CAP P.L.S. NO. 19598 FOUND IN PLACE; THENCE CONTINUING ALONG SAID
EASTERLY BOUNDARY AND THE EASTERLY BOUNDARY OF A PARCEL OF LAND DESCRIBED IN RECEPTION NO. 899171 OF
THE GARFIELD COUNTY CLERK AND RECORDERS OFFICE N05°25'24"E A DISTANCE OF 495.00 FEET TO THE SOUTHWEST
CORNER OF A PARCEL OF LAND DESCRIBED IN THE WARRANTY DEED RECORDED AS RECEPTION NO. 414065 OF THE
GARFIELD COUNTY CLERK AND RECORDERS OFFICE, A NO. 5 REBAR AND YELLOW PLASTIC CAP P.L.S. NO. 19598 FOUND IN
PLACE; THENCE LEAVING SAID EASTERLY BOUNDARIES S87°53'49"E ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL
OF LAND DESCRIBED IN THE WARRANTY DEED RECORDED AS RECEPTION NO. 414065, A DISTANCE OF 245.59 FEET TO A
POINT ON THE WESTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD NO 117, WHENCE A NO. 5 REBAR AND YELLOW PLASTIC
CAP P.L.S. NO. 15710, A 25.00 FOOT WITNESS CORNER FOUND IN PLACE; THENCE LEAVING SAID SOUTHERLY BOUNDARY
S03°40'39"E ALONG SAID WESTERLY RIGHT-OF WAY A DISTANCE OF 44.19 FEET TO A PK NAIL AND SHINER P.L.S. NO. 37935
SET IN PLACE; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY S10°31'47"E, A DISTANCE OF 301.95 FEET, A NO.
5 REBAR AND YELLOW PLASTIC CAP P.L.S. NO. 37935 SET IN PLACE; THENCE CONTINUING ALONG SAID WESTERLY
RIGHT-OF-WAY S05°51'47"E A DISTANCE OF 79.71 FEET, A NO. 5 REBAR AND YELLOW PLASTIC CAP P.L.S. NO. 37935 SET IN
PLACE; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 379.26 FEET, A CENTRAL ANGLE OF 13°44'28” AND A DISTANCE OF 90.95 FEET (CHORD BEARS
S01°00'26”W A DISTANCE OF 90.74 FEET), A NO. 5 REBAR AND YELLOW PLASTIC CAP P.L.S. NO. 37935 SET IN PLACE; THENCE
CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY S07°52'39"W A DISTANCE OF 71.51 FEET TO A NO. 5 REBAR AND
YELLOW PLASTIC CAP P.L.S. NO. 37935 SET IN PLACE; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY S89°59'59”W A
DISTANCE OF 329.30 FEET TO A POINT ON SAID EASTERLY BOUNDARY OF SAID PARCEL OF LAND DESCRIBED IN THE
WARRANTY DEED RECORDED AS RECEPTION NO. 867508; THENCE N10°12'57”W ALONG SAID EASTERLY BOUNDARY A
DISTANCE OF 47.65 FEET TO THE POINT OF BEGINNING; RESULTING PARCEL OF LAND CONTAINING 4.212 ACRES MORE OR LESS.
TRANSFER PARCEL DESCRIPTION:
A PARCEL OF LAND SITUATED IN THE SE1/4SW1/4 OF SECTION 34, TOWNSHIP 6 SOUTH, RANGE 89 WEST, OF THE 6TH
PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, LYING WESTERLY OF THE WESTERLY RIGHT-OF-WAY
LINE OF COUNTY ROAD NO. 117 AS CONSTRUCTED AND IN PLACE, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS: COMMENCING AT A POINT ON THE EASTERLY BOUNDARY OF A PARCEL OF LAND DESCRIBED IN THE
WARRANTY DEED RECORDED AS RECEPTION NO. 867508 OF THE GARFIELD COUNTY CLERK AND RECORDERS OFFICE, A
NO. 5 REBAR FOUND IN PLACE,
THE POINT OF BEGINNING, WHENCE THE SOUTHWEST CORNER OF SAID SECTION 34 BEARS: S 61°32'38" W, A DISTANCE OF
2,539.48 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY N89°57'34”E A DISTANCE OF 344.27 FEET TO A POINT ON THE
WESTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD NO. 117; THENCE S07°52'39”W ALONG SAID WESTERLY RIGHT-OF-WAY A
DISTANCE OF 47.59 FEET TO A NO. 5 REBAR AND YELLOW PLASTIC CAP P.L.S. NO. 37935 SET IN PLACE; THENCE LEAVING
SAID WESTERLY RIGHT-OF-WAY S89°59'59”W A DISTANCE OF 329.30 FEET TO A POINT ON SAID EASTERLY BOUNDARY;
THENCE ALONG SAID EASTERLY BOUNDARY N10°12'57”W A DISTANCE OF 47.65 FEET TO THE
POINT OF BEGINNING; SAID PARCEL OF LAND CONTAINING 0.364 ACRES MORE OR LESS.
SUBJECT
PROPERTY
VICINITY MAP
SCALE: 1" = 2000'