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049 �t. GARFIELD COUNTY BUILDING, SANITATION and PLANNING DEPARTMENT 109 8th Street Suite 303 Glenwood Springs, Colorado 91601 (303) 945-8212 Job Address • Near Hughes Reservoir / 50 p . 'L*-& • ctl R#" Nature of Work Building Permit Single Family Dwelling Unit Use of Building _ Owner David Price Contractor Walters Company Amount of Permit: $ 847.28 Date: July 15, 1992 Permit: 513.50 Plan : 333.78 S. Archuleta Clerk White- Treas. Canary Office Pink - Applicant Gold - Duplicate 1 GARFIELD COUNTY 1 M - `- APPLICATION FOR BUILDING PERMIT PERMIT NUMBER 4S6RS f _ b please print or type DATE 7 TO BF FILLED OUT BY APPLIC•T PLOT PLAN --- I ADDRES '/ , y le - j e r I NOTE: Show easements, property line dimensions, a ° SUBDIV I 1 all other structures, specify north, and street FILING # LOT # BLOCK # name. For odd shaped lots, or if space is o FA TAX SCHEDULE # too small, provide separate plot an. r. LEGAL (SEC /TWN /RNG �� .�? GS'2T� „6S o # OF BUILDINGS NOW ON PARCEL / Q4—e_ , 7 USE OF' BUILDINGS NOW ON PARCEL F! NAME _ G.: a 1 Q - MAILING 1DDRES PO : ..._ 71.4c o CITY 4 4 %' PHONE s x NAME fl: �e a > � ADDRESS !:f jJ - K — cITY �. a NAME �tEifl L s ) I . r o ` ' : /, 0 u ADDRESS e0 oannim cI v ` iea ' r� . L`1 . �Q o RHONE 4's2 S( LI ,NSE'` - CLASS OF WOPJC NEW ALTERATION _ ADDITION DE, ?TOLI F; REPAIR MOVE _,. , t - -' MOBILE HOME (make /m/ ,,, o od/d�eel) - - S.P. OF BUILDING /f S.F. OF LOT se A firs 1 1 0 # OF FLOORS - HEIGHT _ -- / 7 r L # OF FAMILY UNITS / # OF BEDROOMS I INTENDED USE OF BUILDING , j/. ,�,.. i7S ° GARAGE: SINGLE DB __ CARPORT: SINGLE DBL FIREPLACE ( Ze a e 1 ee DOCUMENTS ATTACHED _ STREET NAME /ROAD NUMBER WATER SUPPLY CHECK IF CORNER LOT _ DRIVEWAY PERMIT / - /{/4 DESCRIPTION OF WORK PLAN / jVED SITE PLAN I/ �. _e___,0_12 feCi - n C e BUILDING PLANS ^ SANITARY SEWER CLEARANCE grit I hereby acknowledge that I have read this ON SITE SEWAGE DISPOSAL PERMIT . ...TiltiLliZjr application and the above is correct and I OTHER DOCUMENTS (specify) agree to comply with all county ordinances - andd ate 1.Js /legulati bu' ding - onstruction .2.57 °( q'sei47✓/ c4, wfl70.o o SIGNATURE / _ . FOR OFFICE USE ONLY VALUATION 44 _ 77 7 9 /, O o FLOOD HAZARD PERMIT FEE $ C/ 3, (',PLAN CHECK FEE $ 3 33,7 8 CERTIFIED BLDG ELEVAT 'N - TOTAL FEE $ A 47 2e SCHOOL .IMPACT FEE $.00,00 SPECIAL CONDITIONS Al - .(/. e /�J • sr DATE PERMIT ISSUED i f 1 , 0 /r y 0 ' ZONING DISTRICT 4 ' C Q PROBLEMS WITH PERMIT TYPE' OF OCCUPANCY TYPE OF CONSTRUCTION q V— N ADDITIONAL INFORMATION NEEDED S.F. OF BUILDING !f /, e S.F. OF LOT _-f--____ MAX. HEIGHT •2 2...C ROAD CLASS. _ CERTIFIED BY COLORADO REGISTERED LAND SURVEYOR SETBACKS FROM PROPERTY LINE: FRONT /i,W P. OR ENGINEER REAR RIGHT LEFT OFF STREET PARKING SPACES REQUIRED APPROVE'. , � � Ab /l' 92-- APPROVED: A��, 'ING DEPARTME T DA'E PLANNIN 1 PARTMENT DATE Air / ■ , 7)4 .,/,< 1.) C / / ci±t -- V el /Z 4-7/11/ ;_t2:77 =_- "? ,; 62 ( UP/ / / 2- ..;) 7 / 1 ) 7 c1 7111 , C ) Z4 (/0 k_2_ 7 5- 47 1, ,/ 0 7 , 0 t 9 7 Z. / /4- t • C7:0 A • / =:n BOOK 772 PACE934 ,- u ca , EASEMENT DEED ', , a THIS EASEMENT, granted this Qm day of re-bfaaf , 196k) Si ° between Glenwood Mountain, Ltd., a Colorado limited partnekship whose legal Le 0 0 ar7Aress is 1900 E. Girard Pl. #400 County of , State of 4J fa R01'IO y Colorado, the GEast esiacc m rantor, and Bank of Evergreen, a Colorado corporation, whose Y legal address is P.O. Box 2650, Evergreen, Colorado 80439, of the County of • al-. Jefferson, State of Colorado, the Grantee. o z O 0 CZ in 4 WITNESSETH, that the Grantor, for and in consideration of the sum of u a c TWENTY -SIX THOUSAND ($26,000.00) DOLLARS, paid to the Grantor by Grantee, the 0 0 -a receipt and sufficiency of which is hereby acknowledged does hereby grant, u a , bargain, sell and convey to Grantee the following real property in the County " o va of Garfield, State of Colorado: H Q A perpetual easement for ingress and egress, road and, utility purposes, and all rights and privileges as are ' I © necessary or incidental to the reasonable and proper use 6"1 wit of such easement over, across and through the following described property: En c See Exhibit A attached. w Said easement shall be appurtenant to and for the use and benefit of that 0 real property described in Exhibit B attached hereto. o • Li u ww The Grantor, for itself, its successors and assigns does hereby covenant ac a . and agree that it shall not obstruct or interfere with the use or enjoyment of this easement by the Grantee, its successors and assigns or their .+� invitees, licensees, or guests of the Grantee, its successors or assigns. Signed this 7 day of 727 GL, 1990. D MOUNTAIN, LTD. By: .,,, J Oi Title: , LJ3LJ � _ ___ PO.ei Llla STATE OF ) 2&:194_6 ) ss COUNTY OF DEAR ) ri- Ago cribed, sworn to, and acknowledged before me this day of W- cast. , 1990. by C .n' , , S J//f/1�.1' L /9 S A - C eneraC } Air o1 6MAWOOd movatai.n y,. t, a 'Cb /ard ck 6mNece n'n� WITNESS my hand and official seal p f / ers /� My Commission Expires. _../ / U a; " t.rV ,V til aF m;lnma. ., , pU UT TN RL NU Al Y.H I y JHITYR9'.l TRO � n LE ,.A0 ca.) ;". ; Nee" ?Pub is ._� " liC34 DESCRIPTION, BOOK 772 PAGES S easement or right - of-way 60 feet in width situate in Section 29, Township 6 South, Range 89 West of the 6th Principal Meridian, lying 30 _ - et on each side of the following described centerline: =Beginning at a point on the centerline of ah existing mad described in Book 463 at Page 349 as Parcel 2, of the records of the Clerk and Recorder of. Garfield County, Colorado; whence. .the northwest corner of said Section 29 bears N 40 ° 42 1 18" W 2969.96 feet; thence. 59.85 feet along the arc . of a 750.00 foot radius curve to the right, having a central angle of 04 ° 34'20" and subtending a chord bearing N 39 ° 06'18" E 59.83 feet; thence N 41 ° 23'28" E 137.24 feet; thence 81.11 feet along the arc of a 27.50 foot radius curve to the left, having a central angle of 168 ° 59'25" and subtending a chord bearing N 43 ° 06'15" W 54.75 feet; thence S 52 ° 24'03" W 81.65 feet; thence 48.27 feet along the arc of a 55.00 fcot radius curve to the right, having a central angle of _ 50 ° 15'59" and subtending a curd `.,caring S rr __ ° a2`32" W 46.73 feet; thence N 77 ° 18'58" W 70.30 feet; thence 153.73 feet along the arc of a . 250.00 foot radius curve to the left, having a central angle of 35 ° 13'57" and subtending a chord bearing S 85 ° 04'03" W.151.32 feet; thence S 67 ° 27'05 W 85.87 feet; thence 87.66 feet along the arc of a 160.00 foot radius curve to the left, having a central angle of 31 ° 23'22" and subtending a chord bearing S 51 ° 45'24" W 86.56 feet; thence S 36 ° 03'43" W 49.60 feet; thence 91.26 feet along the arc of a 30.00 fcot radius curve to the right, having a central angle of 174 ° 17'44" and subtending a chord bearing N 56 ° 47'25 ". W 59.93 feet; thence N 28 ° 28'37" E 229.68 feet; thence 130.98 feet along the arc of a 160.00 foot radius curve to the right, having a central .angle of a °54'19" and subtending a chord bearing N 51 ° 55 1 47" E 127.36 feet; Tlence N 75 ° 22'56" E 68.00 feet; thence 85.05 feet along the arc of a 27.50 foot radius curve to the left, having a. central angle of 177 ° 11'26" and subtending a chord bearing. N 13 ° 12'46" W 54.98 feet; thence 5 78 ° 11'31" W 245.55 feet to a point on the centerline described in said Book 463 at Page 349; whence said northwest corner of Section 29 bears N 38 ° 00'09" W 2427.06 feet; Bearings contained herein are relative to Colorado State Plane . bearings and are rotated 01 ° 10'18" from true bearings contained in descriptions recorded in 'cook 463 at Page 349. EXHIBIT ",.z9___n ROOK 772.P4GE936 ' /e,1-.of' land situat_ ..in-Sections 30, 31. at 32. Township 6 .^ and Section 5, Township 7 South, Range 89 West of the 6th P.M., OF GARFIELD, STATE OF COLORADO, said parcel being more •, icu.sarly as follows: - ,pncing at the NE corner of said Section 31. a.rock found in place. • RUE POINT OF BEGINNING: Thence South 10 degrees 10'17 West. /long .the easterly line of said Section 31, 3236.82 feet to the East /4'corner of said Section 31: thence continuing along said easterly line, South 10 degrees 10'17" West. 1618.41 feet to the SE corner of the NE 1/4 SE 1/4 of said Section 31: thence leaving said easterly line South 88 degrees 49'24" East, along the northerly line of the SW . 1/4 SW 1/4 of said Section 32, 1314.43 feet to the Northeast corner of _ said SW 1/4 SW 1/4 of Section 32: thence South 10 degrees 04'09" West along the easterly . line of said SW 1/4 SW 1/4 of Section 32. 1608.77 feet to the SE corner of said SW 1/4 SW 1/4 of Section 32; thence South 00 degrees 12'14" East along the Easterly line of Government Lot 4 of said Section 5. 559.33 feet to -the SE corner of said Government ot 4. Section_ 5: thence South 00 degrees 12'14" East along the easterly line of the SW 1/4 NW 1/4 of said Section 5. 1312.16 feet to the SE corner of said SW 1/4 NW 1/4 of Section 5; thence South 89 degrees 22'54" West along the southerly line of said SW 1/4 NW 1/4 of ' 5. 1321.61 feet to the West 1/4 - corner of said Section 5: hence North 00 degrees 06'53" West along the westerly line of said - bection 5. 1903.75 feet to the NW corner of said Section 5, a rock in .lace: thence North 89 degrees 10'32" West along the southerly line of -aid Section 31. 2642.88 feet to the South 1/4 corner of said Section ;1: thence continuing along said southerly line North 89 degrees 10'32" West. 1321.44 feet to the SW corner of Government Lot 7 of said .ection 31; thence North 10 degrees 14'56" East along the westerly i of said Government Lot 7. Section 31, 2847.29 feet to the NW or.ier of said Government Lot 7. Section 31: thence North 10 degrees 4'56" East, along the westerly line of .Government Lot 1 of said , ection 31. 2907.10 feet to the NW corner of said Government Lot 1. ,ection 31: thence North 01 degrees 56'38" East along the westerly ine of Government Lot 8 of said Section 30. 2660.92 feet to the NW orner of said Government Lot 8, Section 30: thence North 01 degree 6'38" East along the westerly line of Government Lot - 1 of Section 30, 638.72 feet to the NW corner of said Government'Lot 1. Section 30: hence North 80 degrees 56'51" East along the northerly line of said ection 30. 1390.30 feet to the North 1/4 corner of said Section 30, a ock in place: thence continuing - along -said northerly line North 79 - egrees 41'56" East, 1322.48 feet to the NE corner of the W 1/2 NE 1/4 f said Section 30; thence South 01 degrees 25'03" West along the asterly line of said W 1/2 NE 1/4 of said Section 30. 2650.61 feet to he SE corner of said W 1/2 NE 1/4 of Section 30: thence South 01 eszees 25'18" West along the easterly line of the. W 1/2 SE 1/4 of aid Section 30. 2668.0 feet to the SE corner of said W 1/2 SE 1/4 of ection 30; thence North 80 degrees 55'26" East along the northerly 'ne of said Section 31. 1378.34.feet to the True Point of Beginning. cept that part conveyed to Oatman L. Gordon and. Betty L. Gordon in • ed recorded August 10. 1987 in Book 718 at Page 782. •RCEL B: ntiJ,-exclusive easement and right of way for Roadway Access as set ,rth and described in instrument recorded August 19. 1974 in Book 463 . Page 349. at Reception No. 264393, and subject to the provisions of le Easement Deeds recorded August 27, 1974 in Book 464 at Pages 9 (rough 22 at Reception Nos. 264518 and 264524. COUNTY OF GARFIELD, ATE OF COLORADO • rv'JIr rr n 0 ft • • iou6 'i64 Fr,CE 14 Commissioners of Garfield County, that said county shall accept the maintenance thereof. IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal the day and year first above written. „ lG `)I George E. Giertsen STATE OF ILLINOIS ) ss. COUNTY OF McHENRY The foregoing instrument was acknowledged before Inc this /let', day of .;.,.1 , A. D. 197.1 by GEORGE E. GIERTSEN. Witness my hand and,official seal. • My commission expires: .. Notary Publ c,/ • ■ p n AUG 2 7 En Recorded at ...f�:3P U. - ._. • k eotien 2o.._264522_ Ella Stephens, Recorder 6001(464 F'ALE - 17 • K EASEMENT DEED ///1 THIS EASEMENT DEED, made this /..% day of '!.t -.i- ,. A. D. 197 ±, by and between FRANK M. BROWN and ASTRID L. BROWN, of the County of Mower and State of Minnesota, hereinafter referred to as "party of the first part ", and ROBERT D.. SCARROW and CYNTHIA SCARROW, JOHN McKOWN, JOHN A. LARSEN, RICHARD A. WEIMER, CHARLES F. STEWART and IRA C. JOHNSON, JAY PAUL HERBERT and JULIUS KENT HERBERT, GEORGE E. GIERTSEN, GLEN PARK LAND AND CATTLE COMPANY, a co- partnership, and OTTO 1[. ZINKO, E. JAMES FATTOR and WILLIAM R. SEABERG, of the second part, WITNESSETH: • WHEREAS, several of the parties hereto have caused to be constructed, from the terminous of the Three Mile Canyon County Road, an access road for a distance of approximately 4 -3/4 miles to provide access to various properties; and WHEREAS, said access road in part traverses the property of first parties and provides access to property owned by the second parties; THEREFORE, the said "party of the first part" for and in consideration of the sum of Ten Dollars and other valuable consideration to the party of the first part in hand paid by the parties of the second part, the receipt whereof is hereby confessed and acknowledged, have remised, released, sold, conveyed • and QUIT - CLAIMED and by these present do remise, release, sell, convey and QULT -CLAIM unto the parties of the second part, their heirs, successors and assigns forever all the right, title, interest claim and demand which the said party of the first part has in and to that certain easement situate, lying and being in the County of Garfield and State of Colorado and particularly described as "Three Mile Canyon Road Extension" and recorded in the office of the Clerk and Recorder of Garfield County as. Document No. 264393 in Book 463 at Page 349 i TO HAVE AND TO HOLD the same, together with all appurte- nances and privileges thereunto belonging or in anyway thereunto appertaining and all of the estate, right, title, interest and claim whatsoever of the party of the first part, either in law or in ecuity,. for the use and benefit of the parties of the second part, their heirs and assigns forever. PROVIDED, HOWEVER, that said easement shall be used for access and utility purposes only and provided further that the easement herein granted may hereafter be accepted by the Board of County Commissioners of Garfield County at any time upon their own request or the request of any of the parties hereto and should the same be accepted as a County Road, all rights which the second parties may have hereunder shall inure to the benefit of said Board of County Commissioners of Garfield County; provided that the easement herein granted shall continue to be used as means of . access to properties presently owned by the second parties, and if accepted by the Board of County Commissioners of Garfield County, that said county shall accept the maintenance thereof. IN WITNESS WHEREOF, the said party of the first part has • • ,n.�r' Reoorded at .//39 o'clnc'r /9 M _ AUG 2 • 264520 ooug64 PAGE 13 Reception :o __.___... Ella Stephens. Recorder • EASEMENT DEED TEIIS EASEMENT DEED, made this 17th day of January A. D. 1974 , by and between GEORGE E. GIERTSEN, of the County of Mcf}enry and State of Illinois, hereinafter referred to as "party of the first part ", and ROD• r_D. SCARROW and CYNTEIIA SCARROW, JOHN MCKOPIN, JOAN A. LARSEN, FRANK M. BROWN and ASTRID L. BROWN, RICHARD A. WEII•IER, CHARLES F. STEWART and IRA C. JOHNSON, JAY PAUL HERBERT and JULIUS KENT HERBERT, GLEN PARK. LAND AND CATTLE COMPANY, a co- partnership, and OTTO H. ZINKO, E. JAMES FATTOR and WILLIAM R. SEABERG, of the second part, WITNESSETH: WHEREAS, several of the parties hereto have caused to be constructed, from the terminous of the Three Mile Canyon County Road, an access road for a distance of approximately 4 -3/4 miles to provide access to various properties; and • WHEREAS, said access road in part traverses the property of first parties and provides access to property owned by the second parties; • THEREFORE, the said "party of the first part" for and in consideration of the sum of Ten Dollars and other valuable consideration to the party of the first part in hand paid by the parties of the second part, the receipt whereof is hereby confessed and acknowledged, have remised, released, sold, con- veyed and QUIT - CLAIMED and by these present do remise, release, sell, convey and QUIT -CLAIM unto the parties of the second part, their heirs, successors and assigns forever all the right, title, interest claim and demand which the said party of the first part has in and to that certain easement situate, lying and being in the County of Garfield and State of Colorado and • particularly described as "Three Mile Canyon Road Extension" and recorded in the office of the Clerk and Recorder of Garfield County as Document No. in Book 463 at:Page 349 • TO HAVE AND TO HOLD the same, together with all appurte- nances and privileges thereunto belonging or in anyway thereunto appertaining and all of the estate, right, title, interest and claim whatsoever of the party of the first part, either in law or in equity, for:the use and benefit of the parties of the second part, their heirs and assigns forever. PROVIDED, HOWEVER., that said easement shall be used for access and utility purposes only and provided further that the easement herein granted may hereafter be accepted by the Board of County Commissioners of Garfield County at any time . upon their own request or the request of any of the parties hereto and should the same be accepted as a County Road, all rights which the second parties may have hereunder shall inure to the benefit of said Board of County Commissioners of Garfield County; provided that the easement herein granted shall continue to be used as means cf access to properties presently owned by the second parties, and if accepted by the Board of County • • • e0oa464 WE 13 • hereunto set their hands and seals the day and year first above written. Frank M. Brown ,.� Astrid L. Brown STATE OF MINNESOTA ss. COUNTY OF MOWER The foregoing instrument was acknowledged before me this 0 day of , A. D. 197'., by FRANK M. BROWN and ASTRID L. BROUN. Witness my hand and official seal. My commission expires: J "Notary Public JEAN OOSlA, Notary Public tAceier County, Minnesota My Commission Ekniren Auausl 17, 1977 • AUG YIP Recorded at...//:36 o'clock -.• N• Reception ;1o.._ 264521 Ella 5tephene. Recor nOCt464 FACE 15 • • EASEMENT DEED THIS EASEMENT DEED, made this 15th day of April A. D. 1974_, by and between RICFIARD A. WEIMER, of the County of Garfield and State of Colorado, hereinafter referred to as "party of the first part ", and ROBERT P. SCARROW and CYNTHIA SCARROW, JOHN McKOWN, JOHN A. LARSEN, FRANK M. BROWN and ASTRID L. BROWN, CHARLES F. STEWART and IRA C. JOHNSON, JAY PAUL DERBERT and JULIUS KENT BERBERT, GEORGE E. GIERTSEN, GLEN PARK LAND AND CATTLE COMPANY, a co- partnership, and OTTO H. ZINRO,. E. JAMES FATTOR and WILLIAM R. SEABERG, of the second part, • WITNESSETH: WHEREAS, several of the parties hereto have caused to be constructed, from the terminous of the Three Mile Canyon County Road, an access road for a distance of approximately 4 -3/4 miles to provide access to various properties; and WHEREAS, said access road in part traverses the property of first parties'and provides access to property owned by the second parties; THEREFORE, the said "party of the first part" for and in consideration of the sum of Ten Dollars and other valuable consideration to the party of the first part in hand paid by the parties of the second part, the.receipt whereof is hereby confessed and acknowledged, have remised, released, sold, conveyed and QUIT- CLAIMIED and by these present do remise, release, sell, convey and QUIT -CLAIM unto the parties of the second part, their heirs, successors and assigns forever all the right, title, interest claim and demand which the said party of the first part has in and to that certain easement situate, lying and being in the County of Garfield and State of Colorado and particularly described as "Three Mile Canyon Road Extension" and recorded in the office of the Clerk and Recorder of Garfield County as Document No. 264393 in Book 463 at Page 349 - TO HAVE AND TO HOLD the same, together with all appurte- nances and privileges thereunto belonging or in anyway thereunto appertaining and all of the estate, right, title, interest and claim whatsoever of.the party of the first part, either in law or in equity, for the use and benefit of the parties of the second part, their heirs and assigns forever. PROVIDED, HOWEVER, that said easement shall be used for access and utility purposes only and provided further that the easement herein granted may hereafter he accepted by the Board of County Commissioners of Garfield County at any time ' upon their own request or the request of any of the parties hereto and should the same be accepted as a County Road, all rights which the second parties may have hereunder shall inure to the benefit of said Board of County Commissioners of Garfield County; provided that the easement herein granted shall continue to be used as means of access to properties presently owned by the second parties, and if accepted by the Board of County • • B006464 rAcr 16 Commissioners of Garfield County, that said county shall accept the maintenance thereof. IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal the day and year first above written. v_ Richard A. Weimer STATE OF COLORADO ss. COUNTY OF GARFIELD J The foregoing instrument was acknowledged before me this /j -, day of ['A r t / _, A. D. 1974 by RICHARD A. WEIMER. Witness my hand and official seal. My commission expires: /ice S ') 3 7 if�l. 1' "wr ?o .ry Public • • • Recorded at U o'r.l�nk....(�........ 264523 • • Eooc464 PAGE 19 Reception Ro. - - - -- Ella Stephens. R ecorder • • EASEMENT DEED THIS EASEMENT DEED, made this 8 th day of April A. D. 197 , by and between GLEN PARK LAND AND CATTLE COMPANY, a co- partnership, of the County of Garfield and State of Colorado, hereinafter referred to as "party of the first part ", and ROBERT D. SCARROW and CYNTHIA SCARROW, JOHN McKOWt1, JOHN A. LARSEN, FRANK M. BROWN and ASTRID L. BROWN, RICHARD A. WEIMER, CHARLES F. STE%IART and IRA C. JOHNSON, JAY PAUL HERBERT and JULIUS KENT HERBERT, GEORGE E. GIERTSEN, and OTTO H. ZINKO, E. JAMES FATTOR and WILLIAM R. SEABERG, of the second part, WITNESSETH: WHEREAS, several of the parties hereto have caused to be constructed, from the terminous of the Three Mile Canyon County Road, an access road for a distance of approximately • 4 -3/4 miles to provide access to various properties; and WHEREAS, said access road in part traverses the property of first parties and provides access to property owned by the second parties; THEREFORE, the said "party of the first part" for and in consideration of the sum of Ten Dollars and other valuable consideration to the party of the first part in hand paid by the parties of the second part, the receipt whereof is hereby confessed and acknowledged, have remised, released, sold, conveyed and QUIT - CLAIMED and by these present do remise, release, sell, convey and QUIT -CLAIM unto the parties of the second part, their heirs, successors and assigns forever all the right, • title, interest claim and demand which the said party of the first part has in and to that certain easement situate, lying . and being in the County of Garfield and State of Colorado and particularly described as "Three Mile Canyon Road Extension" and recorded in the office of the Clerk and Recorder of Garfield County as Document No. 264393 in Book 463 at Page 349. TO HAVE AND TO HOLD the same, together with all appurte- nances and privileges thereunto belonging or in anyway thereunto appertaining and all of the estate, right, title, interest and claim whatsoever of the party of the first part, either in law or in equity, for the use and benefit of the parties of the second part, their heirs and assigns forever. PROVIDED, HOWEVER, that said easement shall be used for access and utility purposes only and provided further that the easement herein granted may hereafter be accepted by the • Board of County Commissioners of Garfield County at any time upon their own request or the request of any of the parties • hereto and should the same be accepted as a County Road, all rights which the second parties may have hereunder shall inure to the benefit of said Board of County Commissioners of Garfield County; provided that the easement herein granted shall continue to be used as means of access to properties presently owned by the second parties, and if accepted by the Board of County • • • • • • BM464 rAsE 20 Commissioners of Garfield County, that said county shall accept the maintenance thereof. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal the day and year first above written. GLEN PARK LAND AND CATTLE COMPANY, a co-partnership, • Bk=.44„e . • 42M-&-.4 Partne • STATE OF COLORADO ss. COUNTY OF GARFIELD The foregoing,instrviment was acknowledged before me this • • „i day of /)% , A. D. 197±L, by 0V, 1(77 . " • ,.47 as Partner of GLEN flRK LAND AND CATTLE COMPANY. Witness my hand and official seal. 14y commission expires:1 iqyg o • , N.tary Public • ••••• • Recorded at. .. if:.yo7...... o'clock 1q oA eucr.464 PACE 27 Reception Bo.__e. Ella Stephens. Recorder EASEMENT DEED THIS EASEMENT DEED, made this 11th day of February • A. D. 197 4, by and between CHARLES F. STEWART and IRA C. JOHNSON, of the County of Garfield and State of Colorado, hereinafter referred to as "party of the first part ", and RODERT,D.__SCARRO,W and CYNTHIA SCARROW, JOHN MCKOUN, JOAN A. LARSEN, FRANK M. BROWN and ASTRID L. BROWN, RICHARD A. WEIMER, JAY PAUL BERBERT and JULIUS RENT HERBERT, GEORGE E. GIERTSEN, GLEN PARK LAND AND CATTLE COMPANY, a co- partnership, and OTTO H. ZINKO, E. JAMES FATTOR and WILLIAM R. SEABERG, of the second part, WITNESSETII: WHEREAS, several of the parties hereto have caused to be constructed, from the terminous of the Three Mile Canyon County Road, an access road for a distance of approximately 4 -3/4 miles to provide access to various properties; and WHEREAS, said access road in part traverses the property of first parties and provides access to property owned by the second parties; • THEREFORE, the said "party of the first part" for and in consideration of the sum of Ten Dollars and other valuable consideration to the party of the first part in hand paid by the parties of the second part, the receipt whereof is hereby confessed and acknowledged, have remised, released, sold, conveyed and QUIT - CLAIMED and by these present do remise, release., sell, convey and QUIT -CLAIM unto the parties of the second part, their heirs, successors and assigns forever all the right, title, interest claim and demand which the said party of the first part has in and to that certain easement situate, lying and being in the County of Garfield and State of. Colorado and particularly described as "Three Mile Canyon Road Extension" and recorded in the office of the Clerk and Recorder of Garfield County as Document No. 264393 in Book 461 at Page 149 - TO HAVE AND TO HOLD the same, together with all appurte- nances and privileges thereunto belonging or in anyway thereunto appertaining and all of the estate, right, title, interest and claim whatsoever of the party of the first part, either in law or in equity, for the use and benefit of the parties of the second part, their heirs and assigns forever. PROVIDED, HOWEVER, that said easement shall be used for access and utility purposes only and provided further that the easement herein granted may hereafter be accepted by the Board of County Commissioners of Garfield County at any time upon their own request or the request of any of the parties .hereto and should the same be accepted as a County Road, all rights which the second parties may have hereunder shall inure to the benefit of said Board of County Commissioners of Garfield • County; provided that the easement herein granted shall continue to be used as means of access to properties presently owned by the second parties, and if accepted by the Board of County Conmiissioners of Garfield County, that soid county shall accept • 4, ecor,464, r;,cE 22 cLJ the maintenance thereof. IN WITNESS WHEREOF, the said patty of the first part has • hereunto set their hands and seals the day and year first above written. haries Stewart • /2 Ira C. Johnson/ STATE OF COLORADO COUNTY OF GARFIELD ss. The foregoing instrument was acknowledged before me this // day of. i . , , A. D. 197, by CHARLES F. STEWART and IRA C. JOHNSON. 7 Witness my hand and official seal. Hy commission expiresdeVI:.; y /977 :, vz Notary P • sc • • • • n • • • Recorded at.... /�• S&...o'clock /V M. . s1UG,,,J Jo74 130914 PAGE Reception xo --J? .$1 Ella Stephens, Recorder EASEMENT DEED 1 THIS EASEMENT DEED, made this 151`' day of (Iry ArUy A. D. 1971_ by and between JOHN McKOWN, of the County of Garfield and State f Colorado, hereinafter referred to as "party of the first part ", and ROBERT D. SCARROW and CYNTHIA SCARROW, JOHN A. LARSEN, FRANK M. BROWN and ASTRID L. BROWN, RICHARD A. WEIhUER, CHARLES F. STEWART and IRA C. JOHNSON, JAY. PAUL HERBERT and JULIUS KENT HERBERT, GEORGE E. GIERTSEN, GLEN PARK LAND AND CATTLE COMPANY, a co- partnership, and OTTO 71. ZINKO, E. JAMES FATTOR and WILLIAM R. SEABERG, of the second part, WITNESSETH: WHEREAS, several of the parties hereto have caused to be constructed, from the terminous of the Three Mile Canyon County Road, an access road for a distance of approximately 4 -3/4 miles to provide access to various properties; and • WHEREAS, said access road in part traverses the property of first parties and provides access to property owned by the second parties; . THEREFORE, the said "party of the first part" for and in consideration of the sum of Ten Dollars and other valuable consideration to the party of the first part in hand paid by the parties of the second part, the receipt whereof is hereby confessed and acknowledged, have remised, released, sold, conveyed and QUIT - CLAIMED and by these present do remise, release, sell, convey and QUIT -CLAIM unto the parties of the second part, their heirs, successors and assigns forever all the right, title, interest claim and demand which the said party of the first part has in and to that certain easement situate, lying and being in the County of Garfield and State of Colorado and particularly described as "Three Mile Canyon Road Extension" and recorded in the offi 9 of the Clerk 4 6n 3 d Recorder of 3 4arfield County as Document No. in Book at Page . TO HAVE AND TO HOLD the same, together with all appurte- nances and privileges thereunto belonging or in anyway thereunto appertaining and all of the estate, right, title, interest and claim whatsoever of the party of the first part, either in law or in equity, for the use and benefit of the parties of the second part, their heirs and assigns forever. PROVIDED, HOWEVER, that said easement shall he used for access and utility purposes only and provided further that the easement herein granted may hereafter be accepted by the Hoard of County Commissioners of Garfield County at any time upon their own request or the request of any of the parties hereto and should the same be accepted as a County Road, all rights which the second parties may have hereunder shall inure to the benefit of said Board of County Commissioners of Garfield County; provided that the easement herein granted shall continue to be used as means of access to properties presently owned by the second parties, and if accepted by the Board of County Commissioners of Garfield County, that said county shall accept the maintenance thereof. IN WITNESS WHEREOF, the said party of the first part has • • bDUK 64 f?ft I hereunto set his hand and seal the day and year first above written. ..``/1 `4 1 - Joh McKown STATE OF COLORADO ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this /.h day of )1I, :�, /� , A. D. 197L, by JOHN NIcKOFN. Witness my hand and official seal. My commission expires: 7 �- ru«r+I IN 7• • Lary Public • • • Recorded nt... ./.: o' clock..._AL.. t1• AU6_ B ceptLaa 1'0. 264,51 -8 .Ella Stephens. Recorder BUL'6464 PAGE 9 • EASEMENT DEED //�, . THIS EASEMENT DEED, made this q1f_. day of r " i , A. D. 1974, by and between JOHN A. LARSEN, of the County of Jefferson and State of Colorado, hereinafter referred to as "party of the first part ", and ROBSRT D. SCARROIJ and CYNTHIA SCARROW, JOHN MCROWN, FRANK M. BROWN and ASTRID L. BROWN, RICHARD A. WEIMER, CHARLES F. STEWART and IRA C. JOHNSON, JAY PAUL HERBERT and JULIUS KENT BERBERT, GEORGE E. GIERTSEN, GLEN PARK LAND AND CATTLE COMPANY, a co- partnership, and OTTO H. 2INKO, E. JAMES FATTOR and WILLIAM R. SEABERG, of the second part, WITNESSETH: • WHEREAS, several of the parties hereto have caused to • be constructed, from the terminous of the Three Mile Canyon County Road, an access road for a distance of approximately 4 -3/4 miles : to provide access to various properties; and - WHEREAS, said access road in part traverses the property of first parties and provides access' to property owned by the second parties; THEREFORE, the said "party of the first part" for and in consideration of the sum of Ten Dollars and other valuable consideration to the party of the first part in hand paid by the parties of the second part, the•receipt whereof is hereby • confessed and acknowledged, have remised, released, sold, conveyed As and QUIT - CLAIMED and by these present do remise, release, sell, convey and QUIT -CLAIM unto the parties of the second part, their heirs, successors and assigns forever all the right, title, interest claim and demand which the said party of the ' first part has in and to that certain easement situate, lying . and being in the County of Garfield and State of Colorado and particularly described as "Three Mile Canyon Road Extension" and recorded in the office of the Clerk and Recorder of Garfield County as Document No. in Book 463 at Page 349 TO HAVE AND TO HOLD the same, together with all appurte- nances and privileges thereunto belonging or in anyway thereunto appertaining and all of the estate, right, title, interest and claim whatsoever of the party of the first part, either • in law or in equity, for the use and benefit of the parties of the second part, their heirs and assigns forever. PROVIDED, HOWEVER, that said easement shall be used for access and utility purposes only and provided further that the easement herein granted may hereafter be accepted by the Board of County Commissioners of Garfield County at any time upon their own request or the request of any of the parties 1 hereto and should the sane be accepted as a County Road, all rights which the second parties may have hereunder shall inure to the benefit of said Board of County Commissioners of Garfield County; provided that the easement herein granted shall continue to be used as means of access to properties presently owned by the second parties, and if accepted by the Board of County Commissioners of Garfield County, that said county shall accept • • /� C 11_ b UK 6 {' 1,.6E - • • the maintenance thereof. • IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal the day and year first above written. John A. Larsen • STATE OF COLORADO ss. COUNTY OF JEFFERSON ) The foregoipg instrument was acknowledged before me this .344 day of n {,� , A. D. 197'±, by JOHN A. LARSEN. Witness my hand and official sseal. My commission expires: Q,1 Cip ' /°/, 9 75 (j cit, 0 1- t tLL., .Q fJ:'�• Notary Pzlic' _ • • • U :1 a . 4 . . it 1 ` 1 . lif I i _- _ , : , . l/lf! /!` i 1 1 \ ^ rl 1 1" �alerl pings ,; by r � f . p . �. � S II" \ FfsFi y r " ,D'f 1 . / 3q f , l b 32 O 1 r t_ 35 • Il � , if - . � � f 1 r � - .II Q atri_s Q lr G, L v�a�_ i • Gl pnw•. � l E , _ y 3 W T g .. ,....7)\---- v� s - - -- _., z I s , 11z O .)? 3 o-•' ?, Par_ b P\ . -. I � G * � r1:� Glen . ' '�a ' , } ;` =- _ 7---- , . .; .. �. . �� --- i s ` il l t S r i n g ' 8A 9 � � � � �BM 5764 120 � � n on R\ \ � ► 16 , � c Ni1 ' 11 d,1 11 , - it1 \\ 1 1 \ +` s e ud_ \ \ ( 11 a �� 4 � � ` \\ \ \ 23 ,)\ 1 25 „ 130 0 \ z9 / e1 e rL 010 � a . / . I I —� l 1 2 Ail- .Porto 1 / 2 6 25 y U I . �a, , Co i t — U 1 ` ti ens ^, \ _ I mo = • 11 I� Z 1 ;\ \ 2f ` v 82 36 31 J \ �� 3 2'� r 3 rn 3 C 34 \\ <` D i re •I A I �` t ill Res r 11(a '� itz\iti y \� 5 4 i, 3 �\ _ ., \\ , i +� I Gravel Pit 1 1 _..__._ m - i 12 I k o , x \ , n � ,�_ , i'° \\ 1 Black. Diamond �i ; / \\ - Q t % 11 I2 � Z / 1 9 O \ 1 1` II Mine \ h,' Uj I •'. 0089 - 19- I I— a+ I 066 (05'M Ill y) I r s� C 04 C04� 1 59 .OA 065 ::::::,:::: I Ac. , B I' ? 056 055 I 06 006)1P-ilk 1 00� C • _�_ ... 05D x, veyedl I -___J3_ r� 161.80 Ac. \___:: I - 30 a+ 109 I it ( n I 5 -1 ..•,...;., t 162,g0 A- _ = I '5 I L 8 < r5 1 _ 7. .: I C r 3-/ t 0�8 ........ i IY r 181.0 Ac. I . a .. 31 .., r 5 a ��� \\ f s' 955 7 i lk , .. ` d .,,, ' . . I ___.... ._ : . ...AL i , OTE : I. e/ -Roy Sc Taxing Area IG -D, IG -1, IG -MF, -M 2 ista Heigh I G, I G F 1 G 3. 1 idland Grc fff N .4J ughes Ath 5 Che /yn Acr- 6. Sun Licht ' CERTIFICATE OF OCCUPANCY +� BUILDING DEPARTMENT GARFIELD COUNTY, COLORADO Issued Without Fee r P cr uLY.1 19 x • Permission is hereby granted to David Price Building Permit No. + 5 ' 4 f. GCo2B t`4 Zone District_ A/R/111) t'eser situated at _ 01IT lo+d urar Llitchetbie :ervoJr Lot Blk. Addition —.__. for the following purpose_ Simple Faintly ]Melling Unit & Detached C1arane (Stale Nature el Gee) Jontrzctor___ traitor Contpauy - • TAKE NOTICE While'. Owner No d:anga shall be made In Green: Lending Agency the ode orthl, wilding without Gout: Contractor GARFIELD COUNTY BUILDING, DEPARTMENT •' prior nonce and certificate Yellow Building Department . �' 1 1 a from the Building mew. Pink : Aeseseor ,.• By I : d "1 / *'w4+'adk' �. x,, �`�lry z `f >Sw sk= i�4k6 em; c; _.�ma,y,�.�. - + �..... A is . ± INSPECTION WILL NOT BE MADE UNLESS THIS CARD IS POSTED ON THE JOB 24 HOURS NOTICE REQUIRED FOR INSPECTIONS BUILDING PERMI • ISS GARFIELD COUNTY, COLORADO Arr. c Date Issued1 /s Zoned Area f ermit No.tteZ � AGREEMENT In consideration of the issuance of this permit, the applicant hereby agrees to comply with all laws and regulations related to the zoning, location; construction and erection of the proposed structure for which this permit is granted, and further agrees that if the above said regulations are not fully complied with in the zoning, location, erection and construction of the above described structure, the permit may then be revoked by notice from the County Building lns a ector and IMMEDIATELY BECOME NULL AND VOID, _Jac i,4 ?In y Pk) e7)F Address or Legal Description 7!.(/iln /(� "t 0 / 0 �I • / ' MJ7 e o a D Owner ne Pn C ( Contractor 4(4 f s co. Setbacks Front Side Side !'TJ+ / i rn Rear This Card Must Be Posted So it Is Plainly Visible From the Street Until Final Inspection. INSPECTION RECORD Zoning Roof Covering Electric -Final (by STATE inspector) Footing 7' - 9 , t Foundation 7 -3 ( - 72 Q0 MASTER PLUMBER'S LICENSE if Plumbing - Underground /0 _go -9 Gas Piping /0 2 3 _72 2,•c Heating Ventilation Frame )o -14 -9 ` Insulation /a 2 -9 2 *-c»- Plumbing -Rough 70 -,23 - Drywall ,' a - Electric -Rough (by STATE inspector) Tinal ,72 7- 7 3 iSieti ALL LISTED ITEMS MUST BE INSPECTED AND APPROVED BEFORE COVERING - WHETHER INTERIOR OR EXTERIOR, UNDERGROU THIS PERMIT IS NOT TRANSFI 0 Phone 945 -8212 109 8th Street, County Courtin: APPROVED DO NOT DESTROY THI. - t Date Ma. by o °• 'Ck 4, IF PLACED OUTSIDE - COVER WITH S C H E D U L E A ORDER NO.: 90017234 POLICY NO.: 0- 9981 - 157697 DATE OF POLICY: February 16, 1990 at 11:35 A.M. AMOUNT OF INSURANCE: $ 500,000.00 1. NAME OF INSURED: DAVID D. PRICE AND MARY L. PRICE AS JOINT TENANTS 2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY IS: Fee Simple 3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN:. DAVID D. PRICE AND MARY L. PRICE AS JOINT TENANTS 4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: PARCEL A A parcel of land situated in Sections 30, 31 and 32, Township 6 South and Section 5, Township 7 South, Range 89 West of the 6th P.M., County of Garfield, State of Colorado; said parcel being more particularly described as follows: Commencing at the Northeast Corner of said Section 31, a rock found in place, the True Point of Beginning; thence 5. 10 degrees 10'17" W. along the Easterly line of said Section 31, 3236.82 feet to the East Quarter Corner of said Section 31; thence continuing along said Easterly line, S. 10 degrees 10'17" W. 1618.41 feet to the Southeast Corner of the NE1 /45E1/4 of said Section 31; thence leaving said Easterly Line S. 88 degrees 49'24" E. along the Northerly line of the SW1 /4SW1/4 of said Section 32, 1314.43 feet to the Northeast Corner of said SW1 /4SW1 /4 of Section 32; thence S. 10 degrees 04'09" W. along the Easterly line of said SW1 /4SW1 /4 of Section 32, 1608.77 feet to the Southeast Corner of said SW1 /4SW1 /4 of Section 32; thence S. 00 degrees 12'14" E. along the Easterly line of Government Lot 4 of said Section 5, 559.33 feet to the Southeast corner of said Government Lot 4, Section 5; Continued on next page AUTHORIZED COUNTERSIGNATURE Continued on next page ATTACHED TO AND MADE A PART OF STEWART TITLE GUARANTY COMPANY POLICY NO. 0- 9981 - 157697 CONTINUATION OF SCHEDULE A LEGAL DESCRIPTION CONTINUED: thence S. 00 degrees 12'14" E. along the Easterly line of the SW1 /4NW1 /4 of said Section 5, 1312.16 feet to the Southeast Corner of said SW1 /4NW1 /4 of Section 5; thence S. 89 degrees 22'54" W. along the Southerly line of said SW1 /4NW1 /4 of Section 5, 1321.61 feet to the West Quarter Corner of said Section 5; thence N. 00 degrees 06'53" W. along the Westerly line of said Section 5, 1903.75 feet to the Northwest Corner of said Section 5, a rock in place; thence N. 89 degrees 10'32" W. along the Southerly line of said Section 31, 2642.88 feet to the South Quarter Corner of said Section 31; thence continuing along said Southerly line N. 89 degrees 10'32" W. 1321.44 feet to the Southwest Corner of Government Lot 7 of said Section 31; thence N. 10 degrees 14'56" E. along the Westerly line of said Government Lot 7, Section 31, 2847.29 feet to the Northwest Corner of said Government Lot 7, Section 31; thence N. 10 degrees 14'56" E., along the Westerly line of Government Lot 1 of said Section 31, 2907.10 feet to the Northwest Corner of Government Lot 1, Section 31; thence N. 01 degrees 56'38" E. along the Westerly line of Government Lot 8 of said Section 30, 2660.92 feet to the Northwest Corner of said Government Lot 8, Section 30; thence N. 01 degrees 56'38" E. along the Westerly line of Government Lot 1 of Section 30, 2638.72 feet to the Northwest Corner of said Government Lot 1, Section 30; thence N. 80 degrees 56'51" E. along the Northerly line of said Section 30, 1390.30 feet to the North Quarter Corner of said Section 30, a rock in place; thence continuing along said Northerly line N. 79 degrees 41'56" E. 1322.48 feet to the Northeast Corner of the W1 /2NE1 /4 of said Section 30; thence S. 01 degrees 25'03" W. along the Easterly line of said W1 /2NE1/4 of said Section 30, 2650.61 feet to the Southeast Corner of said W1 /2NE1 /4 of Section 30; thence 5. 01 degrees 25'18" W. along the Easterly line of the W1 /25E1/4 of said Section 30, 2668.00 feet to the Southeast Corner of saidW1 /2SE1 /4 of Section 30; thence N. 80 degrees 55'26" E. along the Northerly line of said Section 31, 1378.34 feet to the True Point of Beginning. EXCEPT that parcel conveyed to Oatman L. Gordon and Betty L. Gordon by deed recorded August 10, 1987 in Book 718 at page 782 as Reception No. 384858. Continued on next page ATTACHED TO AND MADE A PART OF STEWART TITLE GUARANTY COMPANY POLICY NO. 0 -9981- 157697 CONTINUATION OF SCHEDULE A PARCEL B A non - exclusive easement and right of way for roadway access as set forth and described in instrument recorded August 19, 1974, in Book 463 at Page 349 as Reception No. 264393, (attached); and subject to the provisions of the Easement Deeds recorded August 27, 1974, in Book 464 at Pages 9 through 22, as Reception Nos. 264518 through 264524. PARCEL C An easement or right of way 60 feet in width situate in Section 29, Township 6 South, Range 89 West of the 6th P.M., lying 30 feet on each side of the following described centerline: Beginning at a point on the centerline of an existing road described in Book 463 at page 349 as Parcel 2 of the records of the Clerk and Recorder of Garfield County, Colorado, whence the northwest corner of said Section 29 bears N. 40 degrees 42'18" W. 2969.96 feet; thence 59.85 feet along the arc of a 750.00 foot radius curve to the right, having a central angle of 04 degrees 34'20" and subtending a chord bearing N. 39 degrees 06'18" E. 59.83 feet; thence N. 41 degrees 23'28" E. 137.24 feet; thence 81.11 feet along the arc of a 27.50 foot radius curve to the left, having a central angle of 168 degrees 59'25" and subtending a chord bearing N. 43 degrees 06 W. 54.75 feet; thence S. 52 degrees 24'03" W. 81.65 feet; thence 48.27 feet along the arc of a 55.00 foot radius curve to the right, having a central angle of 50 degrees 16'59" and subtending a chord bearing S. 77 degrees 32'32" W. 46.73 feet; thence N. 77 degrees 18'58" W. 70.30 feet; thence 153.73 feet along the arc of a 250.00 foot radius curve to the left, having a central angle of 35 degrees 13'57" and subtending a chord bearing S. 85 degrees 04'03" W. 151.32 feet; thence S. 67 degrees 27 W. 85.87 feet; thence 87.66 feet along the arc of a 160.00 foot radius curve to the left, having a central angle of 31 degrees 23'22" and subtending a chord bearing S. 51 degrees 45 W. 86.56 feet; thence S. 36 degrees 03'43" W. 49.60 feet; thence 91.26 feet along the arc of a 30.00 foot radius curve to the right, having a central angle of 174 degrees 17'44" and subtending a chord bearing N. 56 degrees 47'25" W. 59.93 feet; thence N. 28 degrees 28'37" E. 229.68 feet; thence 130.98 feet along the arc of a 160.00 foot radius curve to the right, having a central angle of 46 degrees 54'19" and subtending a chord bearing N. 51 degrees 55'47" E. 127.36 feet; Continued on next page ATTACHED TO AND MADE A PART OF STEWART TITLE GUARANTY COMPANY POLICY NO. 0- 9981- 157697 CONTINUATION OF SCHEDULE A thence N. 75 degrees 22'56" E. 68.00 feet; thence 85.05 feet along the arc of a 27.50 foot radius curve to the left, having a central angle of 177 degrees 11'26" and subtending a chord bearing N. 13 degrees 12'46" W. 54.98 feet; thence S. 78 degrees 11'31" W. 245.55 feet to a point on the centerline described in said Book 463 at page 349, whence said northwest corner of Section 29 bears N. 38 degrees 00'09" W. 2427.06 feet; Bearings contained herein are relative to Colorado State Plane bearings and are rotated 01 degrees 10 from true bearings contained in descriptions recorded in Book 463 at page 349. COUNTY OF GARFIELD STATE OF COLORADO ******************************** * * ** **** ** ** ** * * * ** * * * * * * ** * * ** This Policy is issued in lieu of and is SUBSTITUTED for Title Policy No. 9941 - 399546, - issued by this company which is hereby CANCELLED. ******************************** * * * * ** * * * * * * * * * * * * * *** * * * * * * * ** S C H E D U L E B POLICY NO.: 0- 9981 - 157697 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: 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 IN 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. WATER RIGHTS, CLAIMS OR TITLE TO WATER. 6. 6. Taxes for the year 1990, a lien not yet due and payable. 7. 7. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 8. 8. 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, as reserved in United States Patent recorded October 10, 1895 in Book 12 at Page 383 as Reception No. 18774. 9. 9. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded October 10, 1895 in Book 12 at Page 383 as Reception No. 18774. 10. 10. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded May 3, 1928 in Book 112 at Page 463 as Reception No. 101396. 11. 11. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded February 5, 1923 in Book 112 at Page 554 as Reception No. 81683. Continued on next page * ATTACHED TO AND MADE A PART OF STEWART TITLE GUARANTY COMPANY POLICY NO.: 0- 9981 - 157697 CONTINUATION OF SCHEDULE B 12. 12. Reservation in Patent recorded February 5, 1923 in Book 112 at Page 554 as Reception No. 81683, affecting Lot 7 and W1 /2SE1 /4 Section 31, as follows: "Reserving, also, to the United States, all coal in the lands so granted and to it or persons authorized by it the right to prospect for, mine and remove coal from the same upon compliance with the conditions of and subject to the limitations of the Act of June 22, 1910. (36 Stat. 583) ". 13. 13. Reservations in Patent recorded May 3, 1923 in Book 112 at Page 463 as Reception No. 101396, affecting W1 /2SE1 /4, W1 /2NE1 /4, Lots 1 and 8, Section 30, and Lot 1, NE1 /4 and NE1 /4SE1 /4, Section 31, as follows: Excepting and reserving, however, to the United States, all the coal and other minerals in the lands so entered and patented, together with the right to prospect for, mine and remove the same pursuant to the provisions and limitations of the Act of December 29, 1916. (39 Stat. 862)." 14. 14. Easement and right of way for electric transmission purposes as granted to Public Service Company of Colorado by George W. Summers by instrument recorded October 20, 1959 in Hook 321 at Page 129 as Reception No. 207099, in which specific location of the easement is not defined. 15. 15. Right of way for the uninterrupted flow of Three Mile Creek. 16. 16. Excepting the provisions of the easement Deeds recorded August 27, 1974 in Book 464 at Pages 9 through 22, as Reception Nos. 264518 through 264524. (Affects Parcel B) 17. 17. Excepting the rights of any person who holds an interest in the non - exclusive easement described as Parcel B. 18. 18. Terms and conditions of Agreement by and between Bank of Evergreen, Earl Huston and Judith Huston, Jay Berbert and Julius Berbert, Mr. Don Van Hoose, Mr. Skip Gordon, Mr. Robert Delaney and Mr. Mark Iddings and Glenwood Mountain Ltd., a Colorado limited partnership and Mountain Springs Ranch Homeowners' Association, a Colorado not for profit corporation. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. (d) In all cases where this policy permits or requires the Company to prose - The following terms when used in this policy mean; cute or provide for the defense of any action or proceeding, the insured shall (a) "insured': the insured named in Schedule A, and, subject to any rights secure to the Company the right to so prosecute or provide defense in the action or defenses the Company would have had against the named insured, those who or proceeding, and all appeals therein, and permit the Company to use, at its succeed to the interest of the named insured by operation of law as distinguished option, the name of the insured for this purpose. Whenever requested by the from purchase including, but not limited to, heirs, distributees, devisees, survivors, Company, the insured, at the Company's expense, shall give the Company all personal representatives, next of kin, or corporate or fiduciary successors. reasonable aid (i) in any action or proceeding, securing evidence, obtaining wit- (b) 'insured claimant": an insured claiming loss or damage. nesses, prosecuting or defending the action or proceeding, or effecting settle - (c) "knowledge' or "known ": actual knowledge, not constructive knowledge ment, and (ii) in any other lawful act which in the opinion of the Company may or notice which may be imputed to an insured by reason of the public records as be necessary or desirable to establish the title to the estate or interest as insured. defined in this policy or any other records which impart constructive notice of If the Company is prejudiced by the failure of the insured to furnish the required matters affecting the land. cooperation, the Company's obligations to the insured under the policy shall ter - (d) "land ": the land described or referred to in Schedule A, and improve- minate, including any liability or obligation to defend, prosecute, or continue any ments affixed (hereto which by law constitute real property. The term ' land" litigation, with regard to the matter or matters requiring such cooperation. does not include any property beyond the lines of the area described or referred 5. PROOF OF LOSS OR DAMAGE. to in Schedule A, nor any right, title, interest, estate or easement in abutting In addition to and after the notices required under Section 3 of these Condi- streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall tions and Stipulations have been provided the Company, a proof of loss or dam - modify or limit the extent to which a right of access to and from the land is age signed and sworn to by the insured claimant shall be furnished to the Com - insured by this policy. pony within 90 days after the insured claimant shall ascertain the facts giving rise (e) 'mortgage': mortgage, deed of trust, trust deed, or other security to the loss or damage. The proof of loss or damage shall describe the defect in, instrument. or lien or encumbrance on the title, or other matter insured against by this policy (1) "public records ": records established under state statutes at Date of Pol- which constitutes the basis of loss or damage and shall state, to the extent possi- icy for the purpose of imparting constructive notice of matters relating to real ble, the basis of calculating the amount of the loss or damage. If the Company is property to purchasers for value and without knowledge. With respect to Section prejudiced by the failure of the insured claimant to provide the required proof of 1(a)(iv) of the Exclusions From Coverage, "public records" shall also include loss or damage, the Company's obligations to the insured under the policy shall environmental protection liens filed in the records of the clerk of the United States terminate, including any liability obligation to defend, prosecute, or continue district court for the district in which the land is located. any litigation, with regard lo the matter or matters requiring such proof of loss or (g) ' unmarketability of the title ": an alleged or apparent matter affecting damage. the title to the land, not excluded or excepted from coverage, which would entitle In addition, the insured claimant may reasonably be required to submit to a purchaser of the estate or interest described in Schedule A to be released from examination under oath by any authorized representative of the Company and the obligation to purchase by virtue of a contractual condition requiring the shall produce for examination, inspection and copying, at such reasonable times delivery of marketable title. and places as may be designated by any authorized representative of the Com - 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. pony, all records, books, ('edgers, checks, correspondence and memoranda, The coverage of this policy shall continue in force os of Date of Policy in whether bearing a date before or after Date of Policy, which reasonably pertain favor of an insured only so long as the insured retains an estate or interest in the to the loss or damage. Further, if requested by any authorized representative of land, or holds an indebtedness secured by a purchase money mortgage given by the Company, the insured claimant shall grant its permission, in writing, for any a purchaser from the insured, or only so long as the insured shall have liability by authorized representative of the Company to examine, inspect and copy all reason of covenants of warranty made by the insured in any transfer or convey- records, books, ledgers, checks, correspondence and memoranda in the custody once of the estate or interest. This policy shall not continue in force in favor of or control of a third party, which reasonably pertain to the loss or damage. All any purchaser from the insured of either (i) an estate or interest in the land, or (ii) information designated as confidential by the insured claimant provided to the an indebtedness secured by a purchase money mortgage given to the insured. Company pursuant to this Section shall not be disclosed to others unless, in the 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. reasonable judgment of the Company, it is necessary in the administration of the The insured shall notify the Company promptly in writing (i) in case of any claim. Failure of the insured claimant to submit for examination under oath, pro - litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to duce other reasonably requested information or grant permission to secure rea- an insured hereunder of any claim of title or interest which is adverse to the title sonably necessary information from third parties as required in this paragraph to the estate or interest, as insured, and which might cause loss or damage for shall terminate any liability of the Company under this policy as to that claim. which the Company may be liable by virtue of this policy, or (iii) if title to the 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF estate or interest, as insured, is rejected as unmarketable. I1 prompt notice shall LIABILITY. not be given to the Company, then as to the insured all liability of the Company In case of a claim under this policy, the Company shall have the following shell terminate with regard to the mover or matters for which prompt notice is additional options: required; provided, however, that failure to notify the Company shall in no case (a) To Pay or Tender Payment of the Amount of Insurance. prejudice the rights of any insured under this policy unless the Company shall be To pay or tender payment of the amount of insurance under this policy prejudiced by the failure and then only to the extent of the prejudice. together with any costs, attorneys' fees and expenses incurred by the insured 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED claimant, which were authorized by the Company, up to the time of payment or CLAIMANT TO COOPERATE. tender of payment and which the Company is obligated to pay. (a) Upon written request by the insured and subject to the options contained Upon the exercise by the Company of this option, all liability and obligations in Section 6 of these Conditions and Stipulations, the Company, at its own cost to the insured under this policy, other than to make the payment required, shall and without unreasonable delay, shall provide for the defense of an insured in terminate, including any liability or obligation to defend, prosecute, or continue litigation in which any third party asserts a claim adverse to the title or interest as any litigation, and the policy shall be surrendered to the Company for insured, but only as to those stated causes of action alleging a defect, lien or cancellation. encumbrance or other matter insured against by this policy. The Company shall (b) To Pay or Otherwise Settle With Parties Other than the Insured or have the right to select counsel of its choice (subject to the right of the insured to With the Insured Claimant. object far reasonable cause) to represent the insured as to those stated causes of (i) to pay or otherwise settle with other parties for or in the name of an action and shall not be liable for and will not pay the fees of any other counsel. insured claimant any claim insured against under this policy, together with any The Company will not pay any fees, costs or expenses incurred by the insured in costs, attorneys' fees and expenses incurred by the insured claimant which were the defense of those causes of action which allege matters not insured against by authorized by the Company up to the time of payment and which the Company this policy, is obligated to pay; or (b) The Company shall have the right, at its own cost, to institute and prose -. (ii) to pay or otherwise settle with the insured claimant the joss or dam - cute any action or proceeding or to do any other act which in its opinion may be age provided for under this policy, together with any costs, attorneys' fees and necessary or desirable to establish the title to the estate or interest, as insured, or expenses incurred by the insured claimant which were authorized by the Com- _ to prevent or reduce joss or damage to the insured. The Company may take any pany up to the time of payment and which the Company is obligated to poy. appropriate action under the terms of this policy, whether or not it shall be liable Upon the exercise by the Company of either of the options provided for in -hereunder, and shall not thereby concede liability or waive any provision of this paragraphs b)(i) or (ii), the Company's obligations to the insured under this pol- policy. If the Company shall exercise its rights under this paragraph, it shall do so icy for the claimed loss or damage, other than the payments required to be • diligently. made, shall terminate, including any liability or obligation to defend, prosecute (c) Whenever the Company shall have brought an action or interposed a or continue any litigation. defense as required or permitted by the provisions of this policy, the Company 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE, - may pursue any litigation to final determination by a court of competent jurisdic- This policy is a contract of indemnity against actual monetary loss or dam - tion and expressly reserves the right, in its sole discretion, to appeal from any age sustained or incurred by the insured claimant who has suffered loss or dam - adverse judgment or order. age by reason of matters insured against by this policy and only to the extent herein described. (continued and concluded on last page of this policy) i. ' ., CONDITIONS AND STIPULATIONS Continued (continued and concluded from reverse side of Policy Face) (a) The liability of the Company under this policy shall not exceed the least 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. of: (a) The Company's Right of Subrogation. (i the Amount of Insurance slated in Schedule A; or, Whenever the Company shall have settled and paid a claim under this poi- (ii) the difference between the value of the insured estate or interest as icy, all right of subrogation shall vest in the Company unaffected by any act of insured and the value of the insured estate or interest subject to the defect, lien the insured claimant. or encumbrance insured against by this policy. The Company shall be subrogated to and be entitled to all rights and reme- (b) In the event the Amount of Insurance stated in Schedule A at the Date of dies which the insured claimant would have had against any person or property Policy is less than 80 percent of the value of the insured estate or interest or the in respect to the claim had this policy not been issued. If requested by the Com- full consideration paid for the land, whichever is less, or if subsequent to the Date pony, the insured claimant shall transfer to the Company all rights and remedies of Policy an impravement is erected on the land which increases the value of the against any person or property necessary in order to perfect this right of subro- insured estate or interest by at least 20 percent over the Amount of Insurance gation. The insured claimant shall permit the Company to sue, compromise or stated in Schedule A, then this Policy is subject to the following: settle in the name of the insured claimant and to use the name of the insured (i) where no subsequent improvement has been made, as to any par- claimant in any transaction or litigation involving these rights or remedies. tial loss, the Company shall only pay the loss pro rata in the proportion that the If a payment on account of a claim does not fully cover the loss of the amount of insurance at Date of Policy bears to the total value of the insured insured claimant, the Company shall be subrogated to These rights and remedies estate or interest at Dote of Policy; or in the proportion which the Company's payment bears to the whole amount of (ii) where a subsequent improvement has been made, as to any partial the loss. loss, the Company shall only pay the loss pro rata in the proportion that 120 If loss should result from any act of the insured claimant, as stated above, percent of the Amount of Insurance stated in Schedule A bears to the sum of the that act shall not void this .policy, but the Company, in that event, shall be Amount of Insurance stated in Schedule A and the amount expended for the required lo pay only that part of any losses insured against by this policy which improvement. shall exceed the amount, if any, lost to the Company by reason of the impair - The provisions of this paragraph shall not apply to costs, attorneys' fees and ment by the insured claimant of the Company's right of subrogation. expenses for which the Company is liable under this policy, and shall only apply (b) The Company's Rights Against Non - insured Obligors. to that portion of any Toss which exceeds, in the aggregate, 10 percent of the The Company s right of subrogation against non - insured obligors shall exist Amount of Insurance slated in Schedule A. and shall include, without limitation, the rights of the insured to indemnities, gua- (c) The Company will pay only those costs, attorneys' fees and expenses ranties, other policies of insurance or bonds, notwithstanding any terms or condi- incurred in accordance with Section 4 of these Conditions and Stipulations. lions contained in those instruments which provide for subrogation rights by rea- 8. APPORTIONMENT, son of this policy. If the land described in Schedule A consists of two or more parcels which are 14. ARBITRATION not used as a single site, and a loss is established affecting one or more of the Unless prohibited by applicable law, either the Company or the insured may parcels but not all, the loss shall be computed and settled on a pro rata basis as demand arbitration pursuant to the Title Insurance Arbitration Rules of the Ameri- if the amount of insurance under this policy was divided pro rata as to the value can Arbitration Association. Arbitrable matters may include, but are not limited on Date of Policy of each separate parcel to the whole, exclusive of any to, any controversy or claim between the Company and the insured arising out of improvements made subsequent to Date of Policy, unless a liability or value has or relating to this policy, any service of the Company in connection with its issu- otherwise been agreed upon as to each parcel by the Company and the insured once or the breach of a policy provision or other obligation. All arbitrable mat - at the time of the issuance of this policy and shown by an express statement or by ters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the an endorsement attached to this policy. option of either the Company or the insured. All arbitrable matters when the 9. LIMITATION OF LIABILITY. Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when (a) If the Company establishes the title, or removes the alleged defect, lien agreed to by both the Company and the insured. Arbitration pursuant lo this or encumbrance, or cures the lack of a right of access to or from the land, or policy and under the Rules in effect on the date the demand for arbitration is cures the claim of unmorketability of title, all as insured, in a reasonably diligent made or, at the option of the insured, the Rules in effect at Date of Policy shall manner by any method, including litigation and the completion of any appeals be binding upon the parties. The award may include attorneys' fees only if the therefrom, it shall have fully performed its obligations with respect to that matter laws of the state in which the land is located permit a court to award attorneys' and shall not be liable for any loss or damage caused thereby. fees to a prevailing party. Judgment upon the award rendered by the Arbitra- (b) In the event of any litigation, including litigation by the Company or with tor(s) may be entered in any court having jurisdiction thereof. the Company's consent, the Company shall have no liability for loss or damage The law of the situs of the land shall apply to an arbitration under the Title until there has been a final determination by a court of competent jurisdiction, Insurance Arbitration Rules. and disposition of all appeals therefrom, adverse to the title as insured. A copy of the Rules may be obtained from the Company upon request. (c) The Company shall not be liable for loss or damage to any insured for 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. liability voluntarily assumed by the insured in settling any claim or suit without the (a) This policy together with all endorsements, if any, attached hereto by prior written consent of the Company. the Company is the entire policy and contract between the insured and the Com- 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF pany. In interpreting any provision of this policy, this policy shall be construed as LIABILITY. a whole. All payments under this policy, except payments made for costs, attorneys' (b) Any claim of loss or damage, whether or not based on negligence, and fees and expenses, shall reduce the amount of the insurance pro tanto. which arises out of the status of the title to the estate or interest covered hereby or 11. LIABILITY NONCUMULATIVE. by any action asserting such claim, shall be restricted to this policy. It is expressly understood that the amount of insurance under this policy (c) No amendment of or endorsement to This policy con be mode except by shall be reduced by any amount the Company may pay under any policy insuring a writing endorsed hereon or attached hereto signed by either the President, a a mortgage to which exception is taken in Schedule B or to which the insured Vice President, the Secretary, an Assistant Secretary, or validating officer or has agreed, assumed, or token subject, or which is hereafter executed by on authorized signatory of the Company. insured and which is a charge or hen on the estate or interest described or 16. SEVERABILITY. referred to in Schedule A, and the amount so paid shall be deemed a payment In the event any provision of the policy is held invalid or unenforceable under under' this policy to the insured owner. applicable law, the policy shall be deemed not to include that provision and all 12. PAYMENT OF LOSS. other provisions shall remain in full force and effect, (a) No payment shall be made without producing This policy for endorse- 17. NOTICES, WHERE SENT. ment of the payment unless the policy has been lost or destroyed, in which case All notices required to be given the Company and any statement in writing proof of loss or destruction shall be furnished to the satisfaction of the Company. required to be furnished the Company shall include the number of this policy and (b) When liability and the extent of loss or damage has been definitely shall be addressed to the Company at P.O. Box 2029, Houston, Texas 77252. fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. r r i 5 - s'1` EsVA14T 'TITLE GUARANTY CO . • tr = !:±r..�V` r..� �'•+ v �} •�'t� �G+ �..'•� K! tis {� 4 .w �".� �:.� YY ��`��.•+ �..+ rya 4 �} �:•+• ti^s �•"e ..;s q + � POLICY OF TITLE INSURANCE ISSUED BY v) STEWART E WA R T TITLE '9 ca l G = ¢a' t ;50 GUARANTY COMPANY I 'l < SUBJECT TO THE EXCLUSIONS FROM C O ONTAINED IN G; xl •d) OVERAGE, THE EXCEPTIONS FROM COVERAGE (w „( SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STlry}IART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company, insures, :ass of Date of Policy'lhown in Schedule A, against loss or damage, not Ill „ 1u !j exceeding the Amount of Insurance stated in Schedule A, sustained or Incurred by the insured by reason of: (i, j. k, 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; �ii =!� e3) 2. IL A. 41 Any defect in or lien or encumbrance ft' 41 ran on the title �;� 3. Unm arketability of the title; - (( ^0 ' " 4. Lack of a right of access to and from the lend. - ' - -- '' 0 '' 4 01 It „ The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only (I � A y ' - I G to the extent provided in the Conditions and Stipulations. ' OJT 0 0 IN WITNESS WHEREOF, Stewart Title Guaranty �( ` Company has Caused this policy to be signed and sealed by its *`( ") duly authorized officers as of the Date of Policy shown in Schedule A. A ” 1 ;iii iii Leci \ S 1rRART ''' , ( I D L: Ate Pill 4� 4NTT aFP- W := C G ¢ �;» A Cha gy m . of 4. R = IRt j . �y� 0. 13 Chairman of the Boar. ' �. ` - 1 s+ �.�i - Pre 'de (. ; (( 0 Countersigned: r , a .i — .) t t � J y tare Ill q ? i (I G/ Authorized Signatory c , - a � , � " P q � s #a (8 V " 9 Company , h , ,.+ x (G A J+/ 'XA5 , � City, State (Gf) P EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the covers e' of this policy 'and the Company wi no pay iass or • G 4 NI A ,. ` g P Y p y amage, cos s, a' orneys tees or „ eta expenses which arise by reason of: (4'.;i. N „V 1, (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting r 4 N' regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or ) (I;; " hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a T� part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a 1 „1 � (G^ �., notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged affec�n the land has been (!; t Rl IV:) recorded in the public records at Date of Policy. SiO1t WI' 41 �Ii+Irrcv g 9 (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien (` '0 ' Ri, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. Q1: ;(3, �Y;jl) 2, Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from II YwN_ ¢ .. coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 0 al( 3. Defects, liens, encumbrances, adverse claims or other matters: �„�rj( �m�w� (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to ) " 6 ' i the Company by insured under this policy; �I ' � P an Y Y the insured claimant prior to the date the insured claimant became an in3 ffl (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or !I °I( T T (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this ((c,�; ' , Re' 4 • policy. 4. Any claim which arises out of the transaction vesting in the insured the estate or interest insured by this olio , b reason of the o eration of Il fr' �`Ak federal bankruptcy, state insolvency , or similar creditors' rights laws. 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