HomeMy WebLinkAbout1.0 ApplicationCONDITIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other
security instrument.
2. If the proposed Insured has or acquired actual knowledge of any defect, lien,
encumbrance, adverse claim or other matter affecting the estate or interest or
mortgage thereon covered by this Commitment other than those shown in Schedule B
hereof, and shall fail to disclose such knowledge to the Company in writing, the
Company shall be relieved from liability for any loss or damage resulting from any
act of reliance hereon to the extent the Company is prejudiced by failure to so
disclose such knowledge . If the proposed Insured shall disclose such knowledge to
the Company, or if the Company otherwise acquires actual knowledge of any such
defect, lien, encumbrance, adverse claim or other matter, the Company at its option
may amend Schedule B of this Commitment accordingly, but such amendment shall
not relieve the Company from liability previously incurred pursuant to paragraph 3
of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named
proposed Insured and such parties included under the definition of Insured in the
form of policy or policies committed for and only for actual loss incurred in reliance
hereon in undertaking in good faith (a) to comply with the requirements hereof, or
(b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate
or interest or mortgage thereon covered by this Commitment. In no event shall such
liability exceed the amount stated in Schedule A for the policy or policies committed
for and such liability is subject to the insuring provisions and Conditions and
Stipulations and the Exclusions from Coverage of the form of policy or policies
committed for in favor of the proposed Insured which are hereby incorporated by
reference and are made a part of this Commitment except as expressly modified
herein.
4. This Commitment is a contract to issue one or more title insurance policies and is not
an abstract of title or a report of the condition of title. Any action or actions or rights
of action that the proposed Insured may have or may bring against the Company
arising out of the status of the title to the estate or interest or the status of the
mortgage thereon covered by this Commitment must be based on and are subject to
the provisions of this Commitment.
5. The policy to be issued contains an arbitration clause. All arbitrable matters when
the Amount of Insurance is $2 ,000,000 or less shall be arbitrated at the option of
either the Company or the Insured as the exclusive remedy of the parties. You may
review a copy of the arbitration rules at< http ://www.alta.org/>.
Westcor Land Title Insurance Company
Joint Notice of Privacy Policy
of
Westcor Land Title Insurance Company
and
The Title Company of the Rockies
Westcor Land Title Insurance Company ("WLTIC") and The Title Company of the Rockies value their customers and are
committed to protecting the privacy of personal information . In keeping with that philosophy, we each have developed a Privacy
Policy, set out below, that will endure the continued protection of your nonpublic personal information and inform you about the
measures WLTIC and The Title Company of the Rockies take to safeguard that information . This notice is issued jointly as a
means of paperwork reduction and is not intended to create a joint privacy policy. Each company's privacy policy is separate ly
instituted, executed, and maintained .
Who is Covered
We provide our Privacy Policy to each customer when they purchase a WLTIC title insurance policy. Generally, this means that
the Privacy Policy is provided to the customer at the closing of the real estate transaction.
Information Collected
In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic persona l
information directly from the customer, from customer-related transactions , or from third parties such as our title insurance agent,
le nders, appraisers, surveyors and other similar entities.
Access to Information
Access to aU non public personal information is Limited to those employees who have a need to know in order to perform their
jobs. These employees include, but are not limited to , those in departments such as closing, legal , underwriting, claims and
administration and accounting.
Information Sharing
Generally, neither WLTIC nor The Title Company of the Rockies shares nonpublic personal information that it collects with
anyone other than those individuals necessary needed to complete the real estate settlement serv ice s and issue its title insurance
policy as requested by the consumer. WLTIC or The Title Company of the Rockies may share nonpublic personal information
as permitted by law with entities with whom WL TIC or The Title Company of the Rockies has a joint marketing agreement.
Entities with whom WLTIC or The Title Company of the Rockies have a joint marketing agreement have agreed to protect the
privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as WLTIC and
The Title Company of the Rockies use to protect this information and to use the information for lawful purposes. WL TIC or
The Title Company of the Rockies , however, may share information as required by law in response to a subpoena, to a
government regulatory agency or to prevent fraud .
Information Security
WL TIC and The Title Company of the Rockies, at all times, strive to maintain the confidentiality and integrity of the personal
information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical ,
electronic and procedural safeguards in compliance with federal standards to protect that information .
The WLTJC Privacy Policy can be found on WLTIC's website at www. wltic.com
Commitment No: 0602101-C
SCHEDULE A (continued)
LEGAL DESCRIPTION
The Land referred to herein is located in the County of Garfield, State of Colorado, and described as follo ws:
Lot C.
Block 1,
REPLAT FO A PORTION OF THE TOWNSITE OF CARDIFF, according to the Plat thereof filed January 9. 1985
at Reception No. 358620.
For each policy to be issued as identified in Schedule A, Item 2, the Company shan not be liable under
this commitment until it receives a specilic designation of a Proposed Insured, and bas revised this
commitment identifying that Proposed Insured by name. As provided in Commitment Condition 4, the
Company may amend this commitment to add, among other things, additional exceptions or
requirements after the designation of the Proposed Insured.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part /-Requirements; and Schedule B, Part 11-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved .
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Commitment for Title Insurance (8·1·2016}
Technical Correction 4-2-2018
Schedule A
Page2
Commitment No: 0602101-C
COMMITMENT FOR TITLE INSURANCE
Issued by
Westcor Land Title Insurance Company
SCHEDULE B, PART I
Requirements
The following are the requirements to be complied with prior to the issuance of said policy or policies.
Any other instrument recorded subsequent to the effective date hereof may appear as an exception under
Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the
office ofthe clerk and recorded of the county in which said property is located.
All of the following Requirements must be met:
1. The Proposed Insured must notify the Company in writing of the name of any party not referred
to in this Commitment who will obtain an interest in the Land or who will make a loan on the
Land. The Company may then make additional Requirements or Exceptions .
2 . Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees , and charges for the Policy to the Company .
4 . Documents satisfactory to the Company that convey the Title or create the Mortgage to be
insured, or both, must be properly authorized , executed, delivered, and recorded in the Publi c
Records.
5. Release by the Public Trustee of Garfield County of the Deed of Trust from Hector Brown for the
use of Wayne Rudd, to secure $400,000.00 , dated July 26 , 2017 , and recorded Jul y 27 , 2017 , at
Reception No. 895289 .
6 . Release by the Public Trustee of Garfield County of the Deed of Trust from Hector Brown for the
use of Sam Gerred, to secure $113 ,000.00, dated July 26 ,2017, and recorded July 27 ,2017 , at
Reception No. 895290 .
7 . Release by the Public Trustee of Garfield County of the Deed of Trust from Hector Brown for the
use of John B. Richards , III , to secure $30 ,000 .00 , dated July 26 ,2017, and recorded Jul y 27 ,
2017 , at Reception No. 895291.
8. Evidence satisfactory to the Company or its duly authorized agent that all dues and/or
assessments levied by the Homeowners Association have been paid throu gh the date of closin g .
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. Th is
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Sch edule B,
Part 1-Requiraments; and Schedule B, Part //-Ex ceptions.
Copyright 2006-2016 American Land Title Association . All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited .
Reprinted under license from the American Land Trtle Association.
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule 8 -Part I
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Page 3
Commitment No: 0602101-C
9. Deed from Hector Brown to Purchaser with contractual rights under a purchaser agreement with
the vested owner identified at Item 4 below.
NOTE: Duly executed real property transfer declaration, executed by either the Grantor or
Grantee, to accompany the Deed mentioned above, pursuant to Article 14 ofHouse Bill No.
1288-CRA 39-14-102.
THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF
THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GARFIELD
COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR
DISSIMILAR INVOLUNTARY MA TIERS AFFECTING THE GRANTEE OR GRANTEES,
AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY,
AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO
THE COMPANY.
NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND
UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL
BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR
NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES
UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND
SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF
INSURANCE.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part /-Requirements; and Schedule B, Part //-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this F onn (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 Trtle Association .
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule 8 -Part I -continued
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Page4
Commitment No: 0602101-C
SCHEDULE B, PART II
Exceptions
TillS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION ,
OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN TillS COMMITMENT
TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR
LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION ,
SEX, SEXUAL ORIENTATION , GENDER IDENTITY , HANDICAP, FAMILIAL STATUS , OR
NATIONAL ORIGIN.
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless
the same are disposed of to the satisfaction ofthe Company.
Any loss or damage, including attorney fees, by reason of the matters shown be low:
1. Any facts, right, interests , or claims which are not shown by the Public Records but which could
be ascertained by an inspection of said Land or by making inquiry of persons in possession
thereof.
2. Easements or claims of easements, not shown by the Public Record s.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the
Title that would be disclosed by an accurate and complete land survey of the Land.
4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished ,
imposed by law and not shown by the Public Records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in
the Public Records or attaching subsequent to the effective date hereof, but prior to the date o f
the proposed insured acquires of record for value the estate or interest or mortgage thereon
covered by this Commitment.
6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the Public Records ; (b)
proceedings by a public agency that may result in taxes or assessments , or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
7. 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 g ranted, as re served in United States Patent
recorded April30, 1894 in Book 12 at Page 318 as Reception No. 172 30 .
8. Right of way for ditches or canals constructed by the authority of the United States , as reserved in
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company Th is
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part /-Requ irements; and Schedule B, Part If-Exceptions.
Copyright 2006-2016 American Land Trtle Association. All rights reserved.
The use of this Fonn (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 Associati on .
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule B -Part II
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Page5
Commitment No: 0602101-C
United States Patent recorded April 30, 1894 in Book 12 at Page 318 as Reception No. 17230.
9. Restrictive Covenant, which contains a forfeiture or reverter clause, providing that intoxicating
liquors shall never be manufactured, sold or otherwise disposed of as a beverage in any public
resort in or upon the premises, contained in Deeds recorded November 16, 1899 in Book 44 at
Page 3 84 as Reception No. 22104 and recorded December 24 , 1907 in Book 69 at Page 203 as
Reception No. 34434.
10. All rights of way through, upon, across and under the Lots hereby conveyed for any and all water
pipe now laid and constructed and the future maintenance thereof without unnecessary injury to
any improvements which may be constructed upon said land as contained in Deeds recorded
November 16, 1899 in Book 44 at Page 384 as Reception No. 22104 and recorded December 24,
1907 in Book 69 at Page 203 as Reception No. 34434.
11. A perpetual right of way for installing and maintaining water pipelines and tanks for the storage
of water through the streets and alleys as said pipelines and tanks are now staked and designated
upon the ground as conveyed by Warranty Deed recorded December 9, 1907 in Book 67 at Page
523 as Reception No. 34376 .
12. Easements, rights of way and all other matters as shown on the Plat ofReplat of a Portion of
Townsite of Cardiff, filed January 9, 1985 as Reception No. 358620 .
13. Terms, agreements, provisions, conditions and obligations of Right of Way Easement recorded
May 7, 1976 in Book 484 at Page 932 as Reception No. 272505 .
14. Easement and right of way for non motorized, foot, snow matters and building maintenance
purposes, as reserved by David W. Force Jr. and Kathryn C. Cooper in the Deed to Sam Gerred ,
recorded March 2, 21000 at Reception No. 559976 .
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8 ,
Part /-Requirements; and Schedule 8, Part //-Exceptions .
Copyright 2006-2016 American Land TrUe Association. All rights reserved.
The use of this Fonn (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited .
Reprinted under license from the American Land Title Association.
Commitment for Title Insurance (8·1·2016)
Technical Correction 4-2-2018
Schedule 8 · Part II • continued
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Page6
Commitment No: 0602101-C
DISCLOSURE STATEMENTS
Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII , requires that
"Every Title entity shall be responsible for all matters which appear of record prior to the time of recording
whenever the Title entity conducts the closing and is responsible for recording or filing oflegal documents resulting
from the transaction which was closed." (Gap Protection)
Note 2: Exception No. 4 of Schedule B , Section 2 of this Commitment may be deleted from the Owner's Policy to be
issued hereunder upon compliance with the following conditions:
I. The Land described in Schedule A of this commitment must be a single-family residence. which includes a
condominium or townhouse unit.
2. No labor or materials may have been furnished by mechan ics or materialmen for purpose of construction on
the Land described in Schedule A of this Commitment within the past 13 months .
3. The Company must receive an appropriate affidavit indemnifYing the Company against unfiled mechanic's
and materialmen's liens.
4. Any deviation from conditions A though C above is s ubject to such additional requirements or Information
as the Company may deem necessary, or, at its option, the Company may refuse to delete the exception.
5. Payment of the premium for said coverage.
Note 3 : The following disclosures are hereby made pursuant to§ I 0-11 -122 , C.R.S.:
(i) The subject real property may be located in a special taxing district;
(ii) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the
County Treasurer's authorized agent; and
(iii) Information regarding special districts and the boundaries of such districts may be obtained from the
County Commissioners , the County Clerk and Recorder, or the County Assessor.
Note 4 : Ifthe sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the
disclosure or withholding provisions ofC.R.S. §39-22-604.5 (Non-resident withholding).
Note 5: Pursuant to C .R.S . §10-11-123 Notice is hereby given:
(a) If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from th e
surface estate then there is a substantial likelihood that a third party holds some or all interest in oil, gas,
other minerals, or geothermal energy in the property , and
(b) That such mineral estate may include the right to enter and use the property without the surface owner's
permission .
Note 6: Effective September 1, 1997 , C.R.S. §30-10-406 requires that all documents received for recording or filing
in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of
at least one-half inch the clerk and recorder may refuse to record or file any document that does not conform.
Note 7: Our Privacy Policy:
We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we
have been authorized by the customer, or are required by law.
Note 8: Records:
Regulation 3-5 -1 Section 7 (N) provides that each title entity shall maintain adequate documentation and records
sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not
less than seven (7) years, except as otherwise permitted by law.
Note 9: Pursuant Regulation 3-5 -1 Section 9 (F) notice is hereby · given that "A title entity shall not earn interest on
fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned .
Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any
administrative fees as may be on file with the division . Said disclosure must be clear and conspicuous, and may be
made at any time up to and including closing."
Be advised that the closing agent will or could charge an Administrative Fee for processing such an addition al
services request and any resulting payee will also be subjected to a W -9 or other required ta;x documentation for such
Page 7
purpose(s).
Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional
service may exceed any such interest earned.
Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable
(e.g., any money over any administrative fees involved in figuring the amounts earned).
Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that "Until a title entity receives written
instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with
the following:
1. The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a
fiduciary capacity.
2. The title entity shall use any funds designated as "earnest money" for the consummation of the transaction
as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise
provided in this section. If the transaction does not close, the title entity shall :
(a) Release the earnest money funds as directed by written instructions signed by both the buyer and seller:
or
(b) If acceptable written instructions are not received, uncontested funds shall be held by the title entity for
180 days from the scheduled date of closing, after which the title entity shall return said funds to th e
payor .
3. In the event of any controversy regarding the funds held by the title entity (notwithstanding any termination
of the contract), the title entity shall not be required to take any action unless and until such controversy is
resolved. At its option and discretion, the title entity may:
(a) Await any proceeding; or
(b) Interplead all parties and deposit such funds into a court of competent jurisdiction, and recover court
costs and reasonable attorney and legal fees; or
(c) Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons
and complaint or claim (between buyer and seller), containing the case number of the lawsuit or
lawsuits, within 120 days of the title entity's written notice delivered to the parties , title entity shall
return the funds to the depositing party ."
Page 8
Commitment No: 0602101-C
Title Company of the Rockies
Disclosures
All documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at least
one inch and a left, right and bottom margin of at least one half of an inch. The Clerk and Recorder will refuse to
record or file any document that does not conform to the requirements of this section. Pursuant to C.R.S.
30-10-406(3)(a).
The company will not issue its policy or policies of title insurance contemplated by this commitment until it has been
provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County
Treasurer's authorized agent: or until the Proposed Insured has notified or instructed the company in writing to the
contrary. Pursuant to C.R.S . 10-11-122.
No person or entity that P.rovides closing and settlement services for a real estate transaction shall disburse funds as a
part of such services until those funds have been received and are available for immediate withdrawals as a matter of
right. Pursuant to C.R.S. 38-35-125(2).
The Company hereby notifies the proposed buyer in the current transaction that there may be recorded evidence that
the mineral estate, or eortion thereof, has been severed, leased, or otherwise conveyed from the surface estate. If so,
there is a substantial likelihood that a third party holds some or all interest in the oil, gas, other minerals, or
geothermal energy in the subject property. Such mineral estate may include the right to enter and use the property
without the surface owner's permtssion. Pursuant to C.R.S. 10-11-123.
If this transaction includes a sale of property and the sales price exceeds $100,000.00, the seller must comply with the
disclosure/withholding requirements of said section. (Nonresident withholding) Pursuant to C.R.S. 39-22-604.5.
Notice is hereby given that: The subject property may be located in a special taxing district. A Certificate of Taxes
due listing each taxing jurisdiction shall be obtamed from the County Treasurer or the County Treasurer's authorized
agent. Information regarding special districts and the boundaries of such districts may be obtained from the Board of
County Commissioners, the County Clerk and Recorder, or the County Assessor. Pursuant to C.R.S . 10-11-122.
Notice is hereby given that: Pursuant to Colorado Division oflnsurance Regulation 8-1-2 ;
"Gap Protection" -When this Company conducts the closing and is responsible for recording or filing the legal
documents resulting from the transaction, the Company shall be responsible for all matters which appear on the
record prior to such time or recording or filing; and
"Mechanic's Lien Protection"-If you are the buyer of a single family residence, you may request mechanic's lien
coverage to be issued on your pohcy oflnsurance. If the property being purchased has not been the subject of
construction, improvements or repairs in the last six months prior to the date of this commitment, the
requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by
the seller. If the property being purchased was constructed, improved or repaired within six months prior to the
date of this commitment the requirements may involve disclosure of certain financial information, payment of
premiums, and indemnity, among others. The general requirements stated above are subject to revision and
approval by the Company . Pursuant to C .R.S. I 0-11-122.
Notice is hereby given that anAL T A Closing Protection Letter is available, upon request, to certain parties to the
transaction as noted in the title commitment. Pursuant to Colorado Division of Insurance Regulation 8-1.
Nothing herein contained will be deemed to obligate the Company to provide any of the coverages referred to herein
unless the abov e conditions are full y satisfied.
Page 9
LETTER OF PROPOSAL
REVISED
OWNER: HECTOR BROWN
1172 COUNTY ROAD 116
GLENWOOD SPRINGS, COLORADO 81601
PROJECT LOCATION: 172 DARROW STREET
GLENWOOD SPRINGS, COLORADO 81601
LOT C, BLOCK 1
TOWNSITE OF CARDIFF AS RE-PLATTED
PARCEL NUMBER: 2185-271-06-003
ZONING: COMMERCIAUGENERAL
To whom it may concern,
5-24-19
7-22-19
The above mentioned property is a 9898.6 sq.ft. lot, located South of Glenwood
Springs, close to the Glenwood Springs Airport. The lot is located in Garfield County,
on Darrow Street. Darrow Street is a City of Glenwood Springs public street.
Domestic water service is currently provided by the City of Glenwood Springs. A can
and will provide domestic water letter has been obtained from the City of Glenwood
Springs .
The existing City of Glenwood Springs sewer line and service is located more than 400
feet from this property . There is an existing septic tank and leach field which services
the existing buildings on the property. An analysis of this system was done by
Zancanella and Associates, which states that the current system is adequate to service
the existing uses and two additional, one bedroom residential units.
Three structures are located on the site.
The first building is an existing two unit, residential building, located on the rear (North)
end of the property. Each residential unit contains one bedroom. According to the
Garfield County records, this building was constructed in 1928, with remodeling and
additions completed in 1955.
The second building is a small shed, located on the Northeast corner of the lot. This
shed was constructed in 1955.
The third building is a two story, warehouse/storage building , located on the front
(South) side of the lot. The main level of this building is occupied by (2) 1000 sq.ft.
contractor/warehouse spaces. The second floor is 2000 sq .ft., unimproved, unfinished
space . This building was constructed in 2002.
PARKING REQUIRED:
2 EXISTING RESIDENTIAL UNITS: 2 SPACES EACH =
4 PARKING SPACES
2 EXISITNG, 1000 SQ.FT. CONTRACTOR/WAREHOUSE SPACES:
1 SPACE EACH = 2 PARKING SPACES
2 NEW RESIDENTIAL UNITS: 2 SPACES EACH = 4 PARKING SPACES
TOTAL PARKING REQUIRED= 10 PARKING SPACES
LANDCAPING;
LANDSCAPING IS EXISTING AND AS SHOWN ON THE SITE PLAN.
OWNER: HECTOR BROWN
1172 COUNTY ROAD 116
GLENWOOD SPRINGS, COLORADO 81601
(970) 309-3334
AIRCRAFT@SOPRIS.NET
ARCHITECT: ROBERT C. CLASSEN
THE DRAWINGBOARD
P.O. BOX 1227
GLENWOOD SPRINGS, COLORADO 81602
(970) 945-5025
DRAWBD@ROF.NET
PARCEL NUMBER 2185-271-06-003
7-22 -1 9
Following is the responses to each numbered item as requested on the Com p leteness
Review of the Brown 2 Unit Dwelling Application .
1) The Second Floor of the existing building on the front (South) property line is
unfinished, unimproved, 2000 SQ.FT.. space.
2) Please see the enclosed letter from Dave Force , who is a previous owner of this
property. He purchased the property in May, 1988. The two unit residential building
on the rear (North) property line was in place at the time he purchased the property.
It appears as though these two units were constructed in 1955 with other remodeling
and construction done at this time, according to the Garfield County Assessor
records.
3) Impact Analysis identified in Section 4-203(G) of the Garfield County Development
Code.
1) Adjacent Land Use:
To the West: commercial lot, residential and open space .
To the North: commercial gas company and Cardiff Glen residential units .
To the East: residential units, Glenwood Springs airport, commercial and the
Roaring Fork river.
To the South: residential units and open space.
2) Site Features:
The lot is flat with a small grass, fenced backyard . There is a large pine tree on
The Northwest corner of the property and a Cottonwood tree on the Northeast
Corner. Small Elm trees border the property to the East. There is an existing
Gravel area on the East and West sides of the property. The front access area
Is paved.
3) Soil characteristics:
The soils appear to be gravels and river rock. The owner stated that he can
hardly dig with a shovel due to the rock and gravel. There are no potential
hazards that we are aware of.
4) Geology and Hazards:
There are no Geological or Flood Hazards in this area.
5) This project will have no affect on the groundwater aquifer recharge areas , as
these are existing buildings.
6) Environmental Impacts :
a . Flora and fauna : no impact, as the buildings are existing.
b. Environmental resou rces and wild l ife habitat: no impact, as the build ings
are existing .
c. Wildlife and domestic animals: no impact, as the buildings are existing.
d . Radi ation hazards: no radiation hazards have been iden t ified .
7) Nuisance:
There will be no nuisances or impacts on adjacent area , as the buildings are
Existing and compatible with the surrounding land use.
8) Hours of operation:
The proposed use is residential and the hours of operation are not applicable .
In conclusion, the proposed addition of two new residential units in the existing building
will have little or no impact on this area and are compatible with the existing uses in this
area South of Glenwood Springs .
4) The mineral rights ownership form is enclosed .
5) An updated Title Commitment is enclosed.
6) The adjacent property owner's list has been revised and is enclosed.
7) The existing residential building on the North, rear property line is within the rear
setback . This building was constructed in 1928, before any zoning regulations and
is a pre-existing condition.
8) We met with Greg Bak , Glenwood Springs Fire Dept., on 7-17-19 , to discuss the
Impact of the undersized 4" water line. He did not anticipate any problems with
The undersized line, but will conduct a flow test to verify the adequacy of this line.
We will forward this information to you after the test is completed.
9) The mortgage and closing documents have been removed .
1 0) The number of parking spaces has been reduced to 1 0 spaces.
11) No comment.
12) No comment. A formal waiver may be required.
13) The status of the RV trailer encroaching from the neighboring rear property.
The owner of the RV will be notified to remove the encroachment by Hector
Brown .
PROPERTY OWNER'S WITH 200 FEET OF
172 DARROW STREET
GLENWOOD SPRINGS, COLORADO 81601
PARCEL NUMBER: 218527106003
HECTOR BROWN
1172 COUNTY ROAD 116
GLENWOOD SPRINGS, COLORADO 81601
1) 218527100052
FORCE, DAVE JR.
160 COUNTY ROAD 160
GLENWOOD SPRINGS, COLORADO 81601-9513
2) 218527100051
SOURCE GAS DISTRIBUTION LLC
600 12TH STREET, SUITE 300
GOLDEN, COLORADO 80401
3) 218527100050
CITY OF GLENWOOD SPRINGS
101 W . 8TH STREET
GLENWOOD SPRINGS, COLORADO 81601
4) 218527106001
MYERS, RONALD E.
128 COUNTY ROAD 160
GLENWOOD SPRINGS , COLORADO 81601
5) 218527106002
FORCE, DAVID W.
160 COUNTY ROAD 160
GLENWOOD SPRINGS, COLORADO 81601-9513
6) 218527106004
PB AND J TRUST
124051 38TH STREET
LARGO, FLORIDA 33774
7) 2185271 06005
5-8-19
UPDATED ON 7-8-19
HENDERICKS, HARMONY, HEIDI AND PRESTON, HILARY
1054 COUNTY ROAD 106
CARBONDALE, COLORADO 81623
8) 218527107001
FORCE, DAVID W. JR.
160 COUNTY ROAD 160
GLENWOOD SPRINGS, COLORADO 81601-9513
9) 2185271 07002
FORCE, DIANA E. TRUST
P.O. BOX 5425
QUARITZSITE, ARIZONA 85359-5425
10) 218527107003
FORCE, DIANA E. TRUST
0179 COUNTY ROAD 160
GLENWOOD SPRINGS, COLORADO 81601
11)218527107005
SMUIN, DEREK N.
189 COUNTY ROAD 160
GLENWOOD SPRINGS, COLORADO 81601
12)218527107006
MORIARTY FAMILY TRUST
0197 COUNTY ROAD 160
GLENWOOD SPRINGS, COLORADO 81601
'.
172 Darrow St.
Page 2 of3
June, 2019
Investigation on the Garfield County Road and Bridge website revealed no recent traffic counts or
studies having been performed specific to Darrow Street.
Traffic trips were calculated based upon the Trip Generation Manual, Seventh Edition, by the
Institute of Transportation Engineers. The two existing residential units and the two proposed
units used the Single Family Detached Housing (210) study "On a: Sunday, Peak Hour of
Generator" for estimating trips. The two existing warehouse units used the Warehousing (150)
study "On a: Weekday" for estimating trips. The metal building is 40'x50' with two levels that
gives 4,000 square feet of gross floor area. The proposed project would remove the second level
of warehousing and convert it into two residential spaces:
Existing Warehousing
Average Vehicle Trip Ends vs. 1000 Sq. Feet Gross Floor Area
(50% entering, 50% exiting)
Average Rate of 4.96 trips/1000 sq. feet= 4.96 * ( 4,000 sq.ft./1000sq.ft.) => 20 Trips
Existing Residential
Average Vehicle Trip Ends vs. Dwelling Unit
(50% entering, 50% exiting)
Average Rate of9.57 trips/Dwelling Unit= 9.57 * ( 2 units)=> 20 Trips
Total Existing Daily Traffic is calculated as 40 trips.
Proposed Warehousing
Average Vehicle Trip Ends vs. 1000 Sq. Feet Gross Floor Area
(50% entering, 50% exiting)
Average Rate of 4.96 trips/1000 sq. feet= 4.96 * ( 2,000 sq.ft./1000sq.ft.) => 10 Trips
Proposed Residential
Average Vehicle Trip Ends vs. Dwelling Unit
(50% entering, 50% exiting)
Average Rate of9.57 trips/Dwelling Unit= 9.57 * ( 4 units)=> 39 Trips
Total Proposed Daily Traffic is calculated as 49 trips.
The proposed use is calculated to increase traffic to the adjacent roadway by 9 trips per day on
average. It could be argued that the residential traffic would more closely model an apartment
rather than a single family dwelling. However, this provides a more conservative estimate. Having
witnessed traffic on Darrow Street, it is anticipated that these calculations overestimate the actual
traffic.
On Friday May 31, 2019, the existing driveway serving the existing two residential units was
reviewed. Based on ADT discussed above, it would be considered a Primitive Road/Driveway by
Garfield County Roadway Standards and Table 7-107. The road is gravel with adequate cross
Mountain Cross Engineering. Inc.
Civil and Environmental Consulting and Design
826% Grand Avenue, Glenwood Springs, CO 81601
P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com
172 Darrow St.
Page 3 of3
June, 2019
slope and constant gradual grade. The intersection provides adequate site distance in both
directions. Based on field measurements the dimensions are generally as follows:
• Right-of-Way Not provided
• Roadway Width 12.2'
• Shoulder Width 0' on the east side and 0' on the west side
• Road Side Ditches Do not exist
The Roadway Standards for a Driveway are as follows:
• Right-of-Way 15'-30'
• Roadway Width 12'
• Shoulder Width 0'
• Road Side Ditches 3' (If necessary)
The existing driveway generally conforms with Garfield County standards. There is no need for
a dedicated right-of-way since it is a private driveway with a single owner. Additionally, the
driveway will not see any increased traffic from the proposed changes. The proposed additional
residential units will not use the existing driveway. Instead they will park in front of the metal
building directly off of Darrow Street in a similar fashion to a parking lot. Darrow Street is a
lightly trafficked, low volume road. No detrimental impacts to traffic are anticipated by the
increased traffic from the project.
The conclusions and opinions that are expressed above are based on the information available at
the time of preparation ofthis letter. Any additional information presented afterward may require
that these opinions be modified.
Thank you for the opportunity to provide this letter. Feel free to call if you have any questions,
concerns, or comments.
Sincerely,
Mountain Cross Engineering, Inc.
Chris Hale, PE
Mountain Cross Engineering. Inc.
Civil and Environmental Consulting and Design
826 Y. Grand Avenue , Glenwood Springs, CO 81601
P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com
172 Darrow Street
May, 2019
Page 2 of3
Basin Area
Drainage basins have the characteristic that any precipitation falling within that area will
drain to the same point of discharge. The project basin was delineated from project
topography, project site plan, and building architecture.
Runoff Coefficient
A runoff coefficient is assigned to each basin that gives a relationship between the amount
of precipitation that becomes surface water and the amount of water that is lost to
infiltration, evaporation, or transpiration. The runoff coefficient is a function of drainage
basin soil types, surface area, and/or land-use. Because the land-use and the surface cover
often vary through the project, a composite coefficient is often assigned to each drainage
basin, based on the weight of the areas and their respective coefficients.
Rainfall Intensity
Rainfall intensity is determined from intensity duration frequency curves, or IDF curves.
IDF curves are graphs of, more or less, parallel frequency curves that yield rainfall
intensities based on storm durations.
Analysis
Frequency: The return frequency of a rainfall storm is the statistical probability
that a given storm event will occur on average in a given period. For instance a 100-
year storm has the statistical probability of occurring once in a 100 year span or it
has a 1% chance of occurring in any given year. It is important to emphasize that
it is based on probability statistics and therefore does not reflect actual storm
frequency. Storms of a 1 00-year magnitude can occur in sequential years, even in
the same year. The return frequency of design is chosen and then referred to as the
design storm.
Duration: The duration of a storm is chosen to coincide with the time of
concentration. The FAA Overland flow equation was used to estimate the time of
concentration. The parameters needed to determine the flow elements include
length, slope, and the Rational runoff coefficient. The theory states that if the
duration is equal to the time of concentration, the length of time will be adequate
for the entire basin to contribute flow.
One project basin was delineated for the entire Jot based on existing site conditions, aerial
photography, and roof lines. There is no proposed grading of the site and no project topography
was provided. There may be some slight trespass to the north. Other than this the property drains
from north to south into Darrow Street.
Runoff coefficients were determined based on site coverage. The hydrologic soil group was
estimated based on the project location as "B". The parameters for calculating the time of
concentration were undetermined since topography was not provided. However the high
percentage of impervious area on a small site would create a very short time or concentration,
likely less than 5 minutes so 5 minutes was used. The rainfall intensities were determined by using
Mountain Cross Engineering. Inc.
Civil and Environmental Consulting and Design
826% Grand Avenue, Glenwood Springs, CO 81601
P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com
172 Darrow Street
May, 2019
Page 3 of3
the appropriate storm curve, duration to match the time of concentration, and the NOAA
precipitation data for Glenwood Springs.
No changes are proposed to grading, impervious areas, nor drainage. So the basin flow rates
calculated based on the Rational Method are identical for the existing and the proposed conditions.
The calculations are attached.
Basin Area Coefficient Flow
Description (acres) (cfs)
Existing -100 yr 0.23 0.78 1.16
Proposed -I 00 yr 0.23 0.78 1.16
Detention
There is no change to the proposed site so there is no change between existing and proposed
flowrates. The site is less than 10,000 square feet. Detention is not required.
Results
The existing drainage patterns will remain unchanged. No site drainage appurtenances exist and
the site drains overland by gravity to the adjacent street. No detention is required. The site will
not require a permit from CDPHE.
There is a certain amount of uncertainty in hydrologic calculations. However, since there is no
increase to storm water runoff, it is our opinion that the site will convey runoff in the existing
manner and will not cause flooding damage to this or adjacent sites.
Thank you for the opportunity to provide this report. Feel free to call if you have any questions,
concerns, or comments.
Sincerely,
Mountain Cross Engineering, Inc.
Chris Hale, PE
Mountain Cross Engineering. Inc.
Civil and Environmental Consulting and Design
826% Grand Avenue, Glenwood Springs, CO 81601
P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com
--. . .. ...
Note that the request for this can-and-will-serve letters was made by Mr. Rob Classen, The Drawingboard, on
behalf of the parcel owner.
If you have any questions regarding this matter, please feel free to contact me.
Sincerely,
;£c¥rfe~-
Brad Zachman
Water & Wastewater Superintendent
970-384-638 8
cc :
City of Glenwood Springs:
Debra Figueroa, City Manager
Matt Langhorst, Public Works Director
Gretchen Ricehill, Community Development
cc:
The Drawingboard:
Rob Classen (drawbd@rof.net )
Pa ge 2 of2
THE DRAWINGBOARD
From: Gretchen E Ricehill [gretchen.ricehill@cogs.us]
Sent: Tuesday, April16, 2019 9 :49AM
To: THE DRAWINGBOARD
Subject: RE: Brown -172 Darrow info
Rob
Thanks for the kind words.
Page 1 of 1
One of the items that I neglected to include was with regard to system improvement fees. For the addition of
two one-bedroom units, I think that we will need to charge $2,570.57 in water system improvement fees. I will
make sure that the water will-serve letter verifies the amount.
Take care and let me know if there's any other info I can provide for Mr. Brown's application.
Gretchen
From: THE DRAWINGBOARD <DRAWBD@ROF .NET>
Sent: Tuesday, April 16, 2019 9:38 AM
To: Gretchen E Ricehill <gretchen.ricehill@cogs.us>
Subject: RE: Brown-172 Darrow info
Good morning Gretchen, I just wanted to thank you for meeting with me and your prompt response. You are
always so professional and helpful. Thanks again, Rob
Rob Classen
The Drawingboard
(970)-945-5025
drawbd@rof.net
From: Gretchen E Ricehill [mailto:gretchen.ricehill@cogs.us]
Sent: Monday, April15, 2019 5:24PM
To: drawbd@rof.net
Subject: Brown-172 Darrow info
Rob
Thanks for taking the time to meet with me this morning. Please see attached for most of the info that you
requested. The can/will serve letter for water will be coming separately by the end of this week.
In the meantime, please let me know if you have questions.
Thanks
Gretchen
4/16/2019
THE DRAWINGBOARD
From:
Sent:
To:
Subject:
Gretchen E Ricehill [gretchen .ricehill@cogs .us]
Monday, April 15, 2019 5 :24 PM
drawbd@rof.net
Brown -172 Darrow info
Attachments: MEMO-Brown-Darrow Street.docx
Rob
Page 1 of 1
Thanks for taking the time to meet with me this morning. Please see attached for most of the info that you
requested. The can/will serve letter for water will be coming separately by the end of this week.
In the meantime, please let me know if you have questions .
Thanks
Gretchen
4116/2019
MEMO
TO: Rob Classen
The Drawingboard
FROM: Gretchen Ricehill
Asst. Director
Community Development Dept.
DATE: April15, 2019
RE: Hector Brown -172 Darrow Street-PIN 2185-271-06-003
I understand that Mr. Brown has, or shortly will be submitting an application to Garfield County to add
two 1-bedroom units in an existing building at 172 Darrow Street. You asked me to provide the
following:
1. Can and will serve letter regarding water;
2. Information regarding the location of the nearest city sewer main;
3. Verification of ownership of the Darrow Street right of way;
4. Source of existing electric service; and
5. Off-street parking ingress/egress.
Can and Will Serve Water
The City's Water/Wastewater department will be submitting a letter regarding availability of water
service. I will forward this letter hopefully by the end of this week.
Sewer Availability
The City's Public Works Director informed me that the property is more than 400 feet away from the
nearest city sewer main.
Darrow Street Right of Way
This letter serves as verification that Darrow Street is considered a City of Glenwood Springs right-of-
way. I believe that the street was annexed into the city limits in 2002 .
Electric Service
This property is served by City of Glenwood Springs. The service address for this property is 172 County
Road 160.
Off-Street Parking Ingress/Egress
I understand that there are several pull-in parking spaces that line the front of this property. Currently
the Glenwood Springs Municipal Code requires that access f rom any parking area to a public street be
designed to allow vehicles to enter and exit in forward drive. That requirement is in the process of
being amended to apply only to private access onto any arterial or collector street. Darrow Street is
classified as a "local" street.
The amendment process begins with a publ ic hearing before the Planning and Zoning Commission on
Ap r il 23, 2019 . Assuming approva l, City Council will consider the amendments i n mid-May w ith the
Code amendment going into effect roughly mid-June .
Until the Code is amended, the parking egress situation at 172 Darrow Street is considered non-
conform i ng. As such, it is allowed to remain as long as the parking area is not expanded.
TO: GARFIELD COUNTY
PLANNING AND BUILDING DEPT.
FROM: ROB CLASSEN, ARCHITECT
THE DRAWINGBOARD
P.O. BOX 1227
GLENWOOD SPRINGS, COLORADO 81601
PHONE: (970) 945-5025
EMAIL: DRAWBD@ROF.NET
RE: HECTOR BROWN PARCEL (OWNER)
172 DARROW STREET, 172 COUNTY ROAD 160
GLENWOOD SPRINGS, COLORADO 81601
PARCEL NUMBER: 218527106003
••
TO WHOM IT MAY CONCERN,
4-19-19
PLEASE FIND ATTACHED A COPY OF THE PROPERTY RECORDS FROM THE
GARFIELD COUNTY ASSESSOR'S OFFICE, SHOWING THE YEAR OF
CONSTRUCTION FOR THE FOLLOWING BUILDINGS ON THIS PARCEL.
1928: ORIGINAL HOUSE CONSTRUCTED.
1955: ORIGINAL HOUSE REMODELED AND ADDITIONS ADDED.
1955: SHED CONSTRUCTED ON THE REAR, NORTHEAST CORNER OF THE
PARCEL.
2002: WAREHOUSE/STORAGE BUILDING CONSTRUCTED ON THE FRONT
OF THE PARCEL.
PLEASE LET ME KNOW OF YOU HAVE ANY QUESTIONS OR CONCERNS.
SINCERELY,
,~J!_@--0/~
ROB CLASSEN, ARCHITECT
THE DRAWINGBOARD