HomeMy WebLinkAbout01. General Application MaterialsBCEA 5
JOLLEY, 4J LLC 1 BASIC CORRECTION EXEMPTION APPLICATION
FILE NO.: BCEA-03-19-8723
Narrative
The property owners are seeking to create legal parcels through the Basic Correction
Exemption (BCE) process for two properties that appear to have been created outside of the
County process.
Parcel 3, ID No. 2125-252-00-132, 1793 CR 245: is a 6.57 acre lot owned by Brett L. and
Jeanne L. Jolley and is improved with a single-family residence;
Parcel 1, ID No. 2125-252-00-074, 1795 & 2027 CR 245: is a 12.1 acre lot owned by 4J
LLC and is improved with a single family residence and a cabin approved by a 1993 Special
Use Permit.
Parcel 1, ID No. 2125-252-00-074, 1795 & 2027 CR 245 was created pursuant to an order
approving a settlement agreement of the parties to a foreclosure action in Garfield County
District Court Case No. 8787 filed in 1977 and concluded in 1978. 1 have included
correspondence to Community Development and the Garfield County Attorney's Office
dated May 2, 2019 describing the parcel creation via the court settlement order, and the
response from the Garfield County Attorney's Office dated May 3, 2019 confirming Garfield
County deems the parcel an illegal subdivision and confirming applicant would need to
pursue an application for basic correction exemption or minor subdivision in order to make
any boundary line adjustments to the parcel that was illegally created by court order in 1978.
The Basic Correction Exemption should resolve the issues with the above referenced parcels
and boundary line adjustment requested between them.
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OLSZEWSKI, MASSIH & MAURER, P.C.
ATTORNEYS AT LAW
Edward B. Olszewski
Melody D. Massih
Amanda N. Maurer
Website: www.ommpe.coiu
Glenn Hartmann, Principal Planner
Garfield County Department of
Community Development
108 8t1' Street, Suite 401
Glenwood Springs, CO 81601
VIA HAND DELIVERY
P.O. Box 916
1204 GRAND AVENUE
GLENWOOD SPRINGS, CO 81602
TELEPHONE: 970.928.9100
FACSIMILE: 970.928.9600
July 19, 2019
MEEKER OFFICE:
*685 MAIN STREET, SUITE 6
MEEKER, CO 81641
*ADDRESS ALL CORRESPONDENCE TO:
P.O. Box 916
GLENWOOD SPRINGS, CO 81602
RE: Jolley, 4J, LLC Basic Correction Exemption Application (BCEA-03-19-8723)
Dear Glenn:
In addition to the application referenced above submitted to your department on March 29,
2019 and pursuant to your completeness review letter dated April 22, 2019, our meetings on May
2 and May 7, 2019 and Kelly Cave's correspondence dated May 3, 2019, below and enclosed
please find the requested supplemental information concerning the Basic Correction Exemption
Application:
1. The Application form also needs to be signed by Jeanne Jolley. A duplicate Application
form with her signature can be submitted.
Response: enclosed is Jeanne's signature on the application as requested.
2. The letter of authorization for you to represent the Applicants needs to be provided.
Response: enclosed is Brett and Jeanne's LOA as requested.
3. Listing of property owners within 200 ft., including addresses.
Response: enclosed is a list pulled from the gis.garfield county.com/LandExplorer/index
for the subject parcels (2125-252-00-074 & 2125-252-00-132) as requested.
4. Listing of any mineral rights owners (including addresses) on the subject properties
including a description of how the mineral rights were researched with the Clerk and Recorder or
Assessor's Offices.
OLSZEWSKI, MASSIH & MAURER, P.C.
Glenn Hartmann, Principal Planner
Community Development Dept.
July 19, 2019
Page 2 of 3
Response: enclosed is a list of mineral owners and addresses on the subject properties
obtained from the title commitment reports previously provided.
5. A narrative description of the request is needed and will be most helpful with this request
to explain some of the history.
Response: enclosed is narrative as requested.
6. A water supply plan or waiver request needs to be provided.
Response: enclosed is waiver request as the water supply already exists and is in place.
7. A wastewater management plan is needed or a waiver request. Copies of existing OWTS
permits should be provided.
Response: enclosed is a waiver request and the existing septic permits for the subject
properties. Septic is existing and in place.
8. Any existing covenants on the properties.
Response: n/a — there are no existing covenants on the properties.
9. Information applicable to demonstrate compliance with standards in Article 7, Division 1,
2, 3, & 4. Application formatting to address each Article 7 Section is recommended to facilitate
review of the submittal.
Response: enclosed is a report outlining answers or affirmative statements to each section
in Article 7 that was requested.
10. Responses to the BCE Review Criteria in Section 5-204(C). A meeting to go over again
Applications consistency with the criteria may be beneficial.
Response: enclosed is a report outlining answers or affirmative statements to each section
in Article 5 that was requested.
11. The Application needs to clarify if any other subdivision exemptions have been granted on
the properties affected by the proposed BCE. Input from the County Attorney's Office has noted
this concern.
Response: Title work shows subdivision exemption on another lot per Kelly Cave which is
likely Parcel 2, not a subject property for this application, however, the title work submitted
for Parcel 3 (2125-252-00-132) includes Resolution No. 92-015 which is concerning a
subdivision exemption for Parcels 1 and 3. Plat submittals will be amended to note the
amendment to the prior Huber Subdivision Exemption Plat.
OLSZEWSKI, MASSIH & MAURER, P.C.
Glenn Hartmann, Principal Planner
Community Development Dept.
July 19, 2019
Page 3 of 3
Please let us know if you require additional information or if you have any questions.
Very truly yours,
OLSZEWSKI, MASSIH & MAURER, P.C.
ANM:lrr
Enclosures
By:al-14-
Amanda
N. Maurer
Garfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
TYPE OF SUBDIVISION/EXEMPTION
I-1 M• inor Subdivision
n M• ajor Subdivision
[] S• ketch Preliminary Final
[] Conservation Subdivision
n Yield nSketch ]PreliminarynFinal
Time Extension
INVOLVED PARTIES
Owner/Applicant
Name: Brett and Jeanne Jolley, 4J, LLC
Mailing Address: 1793 CR 245
City: New Castle
E-mail: bjolley@sopris.net
Representative (Authorization Required)
Name: Amanda N. Maurer, Esq.
BCEA 1
DIVISIONS OF LAND
APPLICATION FORM
I I Preliminary Plan Amendment
[—] F• inal Plat Amendment
n C• ommon Interest Community Subdivision
F-1 Public/County Road Split Exemption
I. Rural Land Development Exemption
Basic Correction Exemption
Phone: ( 970 ) 379-2319
State: CO Zip Code: 81647
Mailing Address: P.O. Box 916
City: Glenwood Springs
E-mail: amanda@ommpc.com
PROJECT NAME AND LOCATION
Project Name:
Phone: ( 970 ) 928-9100
State: CO Zip Code: 81602
Assessor's Parcel Number:
Physical/Street Address:
Legal Description:
Zone District: Property Size (acres):
Project Description
Existing Use:
Proposed Use (From Use Table 3-403):
Description of Project:
Proposed Development Area
Land Use Type
Single Family
Duplex
Multi -Family
Commercial
Industrial
Open Space
Other
Total
# of Lots
# of Units
Acreage
Parking
REQUEST FOR WAIVERS
Submission Requirements
0 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:
Section: Section:
Section: Section:
Waiver of Standards
0 The Applicant is requesting a Waiver of Standards per Section 4-118. List:
Section: Section:
Section: Section:
I have read the statements above and have provided the required
correct and accurate to the best of my liscowlecIfe
attached information which is
Signature of Property
OFFICIAL USE ONLY
File Number:
nature of Pro
rty Owne
3-)1-/ ezink
Date
Fee Paid: $
Garfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-countv.com
PRE -APPLICATION CONFERENCE SUMMA
TAX PARCEL NUMBER: 2125-252-00-132 PRE -APP DATE: 10/31/2018
2125-252-00-074
OWNER: Brett and Jeanne Jolley, 4J LLC
REPRESENTATIVE: Amanda Maurer
PRACTICAL LOCATION: 1793 & 1795 County Road 245 New Castle, CO 81647
ZONING: Rural
COMPREHENSIVE PLAN: New Castle Urban Growth Area
TYPE OF APPLICATION: Basic Correction Exemption
I. GENERAL PROJECT DESCRIPTION
The property owners would like to create a legal exemption through the Basic Correction
Exemption (BCE) process for two properties that appear to have been created outside of the
County processes. The 6.57 acre lot owned by Brett and Jeanne Jolley is improved with a single-
family residence; the 12.1 acre lot owned by 4J LLC is improved with a single family residence and a
cabin approved by a 1993 Special Use Permit. Staff understands from the applicant that both
parcels are served by wells and septic systems. Both lots have access from County Road 245. An
easement for legal access to the cabin on the 12.1 acre parcel may need to be provided.
The property owners previously began the application process for an Amended Final Plat and
Boundary Line Adjustment for parcels 2125-252-00-074, 2125-252-00-132 and 2125-252-00-103;
this process was paused when parcel creation issues were discovered. The Basic Correction
Exemption should resolve these issues and can be submitted simultaneously with the Amended
Final Plat Application. One (1) final Mylar may be filed documenting the Basic Correction
Exemption, Amended Final Plat and Boundary Line Adjustment. Plat notes documenting the
initial conditions and ensuing process will need be included on this final plat for clarity.
II. REGULATORY PROVISIONS AND PROCESS REQUIRED
The following Sections of the Garfield Land Use and Development Code are applicable to the
proposed application:
Section 5-204 Basic Correction Exemption including Sections 5-204 (B) Review Process and
Section 5-204 (C) Review Criteria
Table 5-103 Common Review Procedures and Required Notice
Section 5-401 and Table 5-401 Submittal Requirements including demonstration of access,
water and sewer or waiver requests
Section 5-402 Description of Submittal Requirements including Final Plat
• Section 4-103 Administrative Review (public notice — mailing 15 days prior to the public
hearing)
• Section 4-203 Description of Submittal Requirements (as applicable)
• Provisions of Article 7, Divisions Articles 1, 2, 3 and 4, as applicable including site planning
and subdivision standards.
III. SUBMITTAL REQUIREMENTS
Outlined below is a list of information typically required for this type of application, please note this
information needs to be provided for both lots.
• General Application Materials &mit
o Completed application form
o Completed payment agreement form ✓
c; Notarized statement of authority form (attached) designai:ing a representative to act
/on behalf of 4J LLC and a subsequent letter of authority (un -notarized) from this
representative designating Amanda Maurer to act on behalf of 4J LLC and Brett and
Jeanne Jolley.
o Proof of Ownership (title work or deed) and information on any lien holders for both ✓
parcels.
o Copies of any available title work or commitments.
c: Names and mailing addresses of property owners within 200 ft. of the properties.
Mineral rights ownership including mailing address (see attached memo).
A narrative describing the request and related information.
• Copy of the pre -application summary
Vicinity Map within approximately 3 miles.
Water Supply and Waste Water Management Plans should include the well permits and any
well sharing agreement. Approved septic permits should be provided
• Any existing or proposed covenants on the property.
Information as applicable to demonstrate compliance with provisions of Article 7 Standards,
Divisions 1, 2, 3, and 4.
Response to Section 5-204 (C) Review Criteria
Final Plat meeting the standards in Section 5-402(F) and all required Certificates. Site plan
information shall be included on the draft version of the plat to confirm that no
2
nonconforming conditions will result from the exemption. All easement as identified in the
Title Commitment shall also be shown on the plat.
• Information on the adequacy of the existing access driveways and their conformance to the
dimensional standards in Section 7-107 (Public Right of Way to each parcel)
The Application submittal needs to include 3 hard copies of the entire Application and 1 Digital PDF
Copy of the entire Application (on a CD or USB Stick). Both the paper and digital copies should be
split into individual sections. Please refer to the pre -application summary for submittal
requirements that are appropriate for your Application.
IV. REVIEW PROCESS
The review process shall follow the steps contained in Table 5-103 for a Basic Correction Exemption
and 4-101 Common Review Procedures.
• Pre -Application meeting (completed)
• Determination by the Director pursuant to Section 5-204 (B)(1) that the Application can be
processed as a Basic Correction Exemption
■ Submittal of Application (3 hard copies & one digital PDF copy)
• Completeness Review
• Additional Submittals if determined to be incomplete
• Setting a date for the BOCC Public Hearing
• Referrals are sent out to reviewing agencies
■ Public Notice by mail to Property Owners within 200 ft. (certified) and mineral rights owners
on the subject property (certified return receipt requested)
• BOCC Public Hearing
• Finalizing the Exemption Plat and any required conditions
• Circulation of the plat for Applicant & Other Signatures
• Board of County Commission Signing the plat as a consent agenda item
Public Hearing(s):
Referral Agencies:
_ Directors Decision (with public notice)
_ Planning Commission
X Board of County Commissioners
_ Board of Adjustment
May include but are not limited to: Garfield County Surveyor, Garfield
County Road and Bridge Department, Garfield County Consulting
Engineer, Garfield County Vegetation Manager, Colorado Geological
Survey, Fire Protection District, Colorado Division of Water Resources,
and the City of New Castle.
V. APPLICATION REVIEW FEES
3
Planning Review Fees: $300
Referral Agency Fees: $tbd (CGS unless previous comments have been received -
others tbd)
Total Deposit: $300 (additional hours are billed at hourly rate of $40.50)
VI. GENERAL APPLICATION PROCESSING
The foregoing summary is advisory in nature only and is not binding on the County. The summary is
based on current zoning, which is subject to change in the future, and upon factual representations
that may or may not be accurate. This summary does not create a legal or vested right. The
summary is valid for a six month period, after which an update should be requested. The Applicant
is advised that the Application submittal once accepted by the County becomes public information
and will be available (including electronically for review by the public. Proprietary information can
be redacted from documents prior to submittal.
PRE -APPLICATION SUMMARY PREPARED BY:
CS1Ak aiur
Claire Dalby, Planner
November 7, 2018
4
Garfield County
PAYMENT AGREEMENT FORM
GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") Brett and Jeanne Jolley,
4J, LLC agree as follows:
1. The Applicant has submitted to the County an application for the following Project: Final
Plat Amendment, Basic Correction Exemption and Boundary Line Adjustment
2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as
amended, establishes a fee schedule for each type application, and the guidelines for the
administration of the fee structure.
3. The Applicant and the County agree that because of the size, nature or scope of the
proposed project, it is not possible at this time to ascertain the full extent of the costs
involved in processing the application. The Applicant agrees to make payment of the Base
Fee, established for the Project, and to thereafter permit additional costs to be billed to the
Applicant. The Applicant agrees to make additional payments upon notification by the
County, when they are necessary, as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioners for the
consideration of an application or additional County staff time or expense not covered by
the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay
additional billings to the County to reimburse the County for the processing of the Project.
The Applicant acknowledges that all billing shall be paid prior to the final consideration by
the County of any Land Use Change or Division of Land.
1 hereby agree to pay all fees related to this application:
Billing Contact Person: Brett .blley
Billing Contact Address: 1793 CR 245
Phone: (970 ) 379-2319
City: New Castle State: CO zip Code: 81647
Billing Contact Email: bjolley@sopris.net
Printed Name of Person Authorized to Sign: Brett Jolley
.-Biellit4Z
(Signe' re) ' (Date)
r
830414 01/23/2013 03:46:15 PM Page 1 of 1
Jean Alberico, Garfield County, Colorado
Rec Fee: $11.00 Doc Fee: $0.00 eRecorded
STATEMENT OF AUTHORITY
(38.30-172, C.R.S.)
1. This Statement of Authority relates to en entity named 4J. LLC
And Is executed On behalf Of the entity pursuantte the prooIsions Of
Section 3840-172 C.R.S.
2. The type Of entity is a Limited Liability Garnpany
3. The mailing address for the entity is:
1288 County Road 245
New Caste CO 81 647
4. The entity is formed underthe laws of Colorado
5. me name Of the persons) authorizedto execute Instruments conveying, encumbering, or otherwise
affecting title to real property on behalf Of the entity Is:
Brett Jokey
Jeanne Jolley
6. The authority of the foregoing persons) to bind the entity is DI Not thrilled OR in Limited es follows:
7, Other matters concerning the Manner In which the entity deals with interest in real properly:
Both members must sign to bind entity for obligations greater than 51,000 and to sell real estate.
Dated thlsO3 day or January 2013
Stale of Colorado
County Of Garfield
The foregoing Insliument was acknowledged before me thls1 3 day of January, 2011
Brett Jolley atld Jeanne Jolley for 4J, LLC.
My COMO& :9i115,12014
gss my had official seal.
, by
ttalimy Public : Karl Arneson
My commission expires: July 15, 2014
Statement of Authority Buyer Full STCO Page 1 at
BCEA 2
April 25, 2019
Glenn Hartmann, Principal Planner
Garfield County Department of
Community Development
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: Brett and Jeanne Jolley, 4J, LLC Boundary Line Adjustment
Dear Mr. Hartmann:
This letter authorizes Amanda N. Maurer, Esq. of Olszewski, Massih & Maurer, P.C. to
submit any land use or other applications concerning the boundary line adjustment and act
as the representative for the applications. The subject property is located in New Castle,
Colorado. This letter also authorizes any experts (e.g. engineers) that Amanda deems
appropriate to represent the owners during any discussion in the administrative review
process.
Thank you.
Sincerely,
8J -L Li.
Brett Jolley
&eP
anne Jolley
sok 354
age 462
Recorded at.4,:.1 .._.._oclocl---P—M..
Reception No._22361O Chas. S. Keegan .Recorder.
Tms DEED, Made this llth day of January
in the year of our Lord cite thousand nine hundred and Sixty
between
-UILLIS KISSED and EUNICE KISSEE,
of the County of Garfield and State of
Colorado, of the first part, and
CHARLES A. WEAR and IDA E. WEAR,
RECORDER'S STAMP
of the County of Garfield and State of Colorado, of the second part:
WITNESSETFI, that the said part iea of the first part, for and in consideration of the sum of
TEN DOLLARS and other good and valuable considerations RdflARCiage
to the said partt_es of the first part in hand paid by the said parties of the second part, the receipt whereof Is
hereby confessed and acknowledged. ha Ve granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell. convey and confirm unto the said parties of the second part, their heirs and assigns forever, not
in tenancy 111 common but hi Joint tenancy, all the following described lot or parcel of land. situate, lying and
tieing in the County of Garficicl and Slate
or Colorado, to -wit:
4M4, SU014 and IlE11.34, Sec. 25, Tp. 5 S., F. 91 W. Gth P.M.,
together with all ditch on ditch rights, [rater and eater rights
used thereon or in connection therewith, includinE the Connally
Ditch with Priority N5 and 1/3 of the Haggarty Enlargement of Coryell
Ditch and. of Priority ;115A decreed thereto.
Excepting and Reserving to FIRST PARTIES, the 1/2 of all minerals and
t:1neral rights, including oil and gas.
TOGETHER with all and sic;;:dar the hereditaments and appurtenances thereunto belonging, or in anywise
apperiainiug, mid the reversion and aversions, remainder and remainders. rents, issues and profits thereof; and all
the estate, right, tide, Emcee:t, clnlns and d:mmid whatsoever nF the said partie6 of the first port, either In law or
equity• nf, in and to the above bargained prelnil:es, with the hcrcdilarnelttu and appurtenances.
TO HAVE AND TO IIOLD the said premises above liargaiiied and described, %vitt; the appurtenances, onto the said
parties of the second part, their heirs and assigns forever. And the said parties of the first part. forti`croscl yes ,
the i r heir,. executors, and administrators du covenant, grant, bargain and agree to and with the said parties
oI the second put 1, their heirs and assigns, Ibal sl the time of the ensealiug and delivery of these presents they are
ccll seikcd of the ',readies above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in
I.Iv:, in fee simple, and lia IFC Rood Tight, full power and lawful authority to grant, bargain, sell and convey the same in
ulanu:r and forum aforesaid. and Ihat the sante arc free and cleat. irons all former and other grants, bargains, sales, liens.
lines, as:essuteuts cud iuuuunbrances of wltatcsse hind or nature sourer,
and the above bargained premise.; in the quiet nail peaceable possession of the said 'antics of the second part, their heirs
alp' assigns, against all and every person or pc rso:ls lawfully cL•iimiug or to claim the whole or any part lhercof, the said
pari lea of the firs'- port shall and will IVARI`ANT AND FOREVER DEFEND.
IN 1VITNESti WHEREOF the said pact ica of the first part bav.^. hereunto sec thei.bxud ., a r
seal s the day ail year first above written.
Sigurd, Scaled and Delivcled in Inc Presence of
Isl:r11
<C'
A.,,, e [SEAT
STATE 017 COLORR:1DO,
9s.
County Garfield
t0forciolny instrument was acknowledged before me this 1]_L'h day of January
E.P '. Klsace and Eunice I:iaocc.
rddyzomoilimoillrepires December 1
..t,
19 60 . 1Vitncss my hand and official seal.
No. 921. Tr.Rtun:err tlsRara'nletnt'rrnnote.—llndhir41t„1,1seen Tun. co.,hu 6u. ItetI nien'r Leen' tlun3s, Ica t.ia Mout llt..Venler.Cidenulo
•Ir uy uatuirnl Moron or tlrr.n,lu.i 11510 Incurs name Or navies: IF by nnr,s,n nethly, In rparna.wlallso or otfloOtt cahlvlte or ax
jar intuit Thou Inse it ninon ofnwmei orrr u. ur nfeIls reni au-ri lml pIrrcuIJrnt ure(shor other
or iuetl corpoor rrationu, n u,ulnllp t teer al YIN ,lurlr
,Iukno+ofeRp,nanr. 806 118-a4 t:utomdo lies :sea Siatulrm ltaa.
11111l7'P>til taIriAah1411i�rf 41.1t.10V.NliIV+III0 II 111
eeaen: 80
Recorded a Do119(2O13 07 31 O3 Pn .J nl DIber 1 c
1 p1 2 Rad Fva Sin 00 Doc Feu 9D AD GARFIELD COUNTY CO
Receptirin
WARRANTY DEED
THIS DEED, made on September 17, 2013
Between James H. Slappey and Brenda C. Slappey, as Trustees of the
James and Brenda Slappey Joint Revocable Trust dated March 18, 2005
of the County of GARFIELD, and Slate of CO, grantor, and
4J, LLC,
whose legal address is : 1288 County Road 245, NEW CASTLE, CO, 81647
of the County of GARFIELD and State of CO, grantee:
WITNESSETH, That the grantor for and in consideration of the sum of S900.000.00 DOLLARS, the receipt and sufficiency of which is hereby
acknowledged, has granted, bargained, sold and conveyed, and by these presents docs grant, bargain, sell and convey and confirm unto the grantee,
its successors and assigns forever, all the real property together with improvements. if any. situate, lying and being in the County of GARFIELD and
State of Colorado described as follows:
See Attached Exhibit "A"
Grantor hereby reserves a life estate for the oil, gas and related mineral interest with the remainderman interest
to Grantee.
as known by street and number as: 1795 & 2027 County Road 245 NEW CASTLE CO
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and
reversions. remainder and remainders, rents, issues and profits thereof, and all the estate. right, title, interest, claim and demand whatsoever of the
grantor either in law or equity. of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances. unto the grantee, its successors and
assigns forever And the Grantor, for itself, and its successors, does covenant, grant. bargain, and agree to and with the Grantee, its successors and
assigns. That at the time of the cnsealing and delivery of these presents, it is welt seized of the premises above conveyed. has good, sure. perfect.
absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargainsell and
convey the same in manner and form as aforesaid. and that the same arc fret and clear from all former and other grants, bargains. sales, liens. taxes,
assessments. encumbrances and restrictions of whatever kind or nature socver. except general !saes and assessments for the year 2013 and
subsequent years and all (hose specific exceptions described by reference to recorded documents as reflected in Commonwealth Title Compan)'s
Commitment No. 1308050
The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the
grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof, The singular number
shall include the plural, the plural the singular. and the use of gender shall be applicable to all genders.
IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above.
James H Slappey and Brenda C. Slappey, as Trustees of the
James and Brenda Slappey Joint Revocable Trust dated March 18, 2005
f
By: /✓• f By ^ , C---"e,4ava
James H. Slappe Brenda C. Slappey, Trustee
STATE OF COLORADO
l ss
COUN 1 Y OF GARFIELD
The foregoing instrument was acknowledged before me on September 17, 2013. by lames 11. Slappey and Brenda C. Slappe), as Trustees of the
lames and Brenda Slappey Joint Revocable Trust dated March 18, 2005
My commission expires_
Cumn,onwcahh F,lc Nu 1]06050
R.1031110
41. LLC
ILI Calmly Rod 245
NEW CAS ILE CO 11617
DENNA CONWELL
NOTARY PUBLIC
STATE OF COLORADO
NOTARY D M9834014538
pa 1tuarm 8'a"ib. 27. MT
15•t 1 tSF:SS my hand and official seal
127 East 51h Street
Rife. CO 81650
ry Public
File No. 1308050
11I11 RIS+I'11114t111, V41'504'I6IM 14'',1.10 t'41t III
Ry.eptlenp 840952
❑1.91Zai7 03 37 03 Pn Csre' alts•r,c°
2 0l 7 0'c F.. SE 00 0ue Fec 00 00 CPRF1FEC CO
EXHIBIT "A"
TY CO
A parcel of land situated in the EV2NW'/i of Section 25, Township 5 South, Range 91 West of the 6th P.M., lying
Easterly of the East Elk Creek Centerline and Southwesterly of the Southwesterly right of way of County Road No, 245 is
more particularly described as follows:
Beginning at the North Quarter Corner of said Section 25, a rebar and cap in place; thence South 18°57'53" West
1212.03 feet to a point on said Southwesterly right of way, also being a point on a lane centerline, the TRUE POINT OF
BEGINNING; thence leaving said right of way, South 60°0603" West 663.57 feet along said lane centerline; thence
South 55°41'19" West 85.29 feet along said lane centerline to a point on the centerline of said creek; thence along the
centerline of said creek the (following courses and distances: North 25°26'55" West 101.86 feet; thence North 40°4603"
West 39,65 feet; thence North 15°07'25" East 232.64 feet; thence North 63°27'45" East 211.82 feet; thence North
11°23'24" East 70.20 feet; thence North 38°27 '30" West 86.80 feet; thence North 64°52'37" West 161.99 feet; thence
North 34°29'28" West 90.40 feet; thence North 15°06'27" West 167.31 feet; thence North 15°25'51" East 69.40 feet;
thence North 39°39'52" East 131.00 feet; thence North 14°26'71" East 201.28 feet; thence North 09°24'53" West 123.56
feet; thence North 10°53'28" East 124.04 feet to a point on the Southwesterly side of said County Road right of way;
thence leaving said creek centerline along the County Road right of way, the following courses and distances: North
87°34'23" East 12,96 feet; thence 137.84 feet along a curve to the right, having a radius of 161.94 feet and chord of which
bears: South 68°02'36" East 133.71 feet; thence 374.50 feet along a curve to the right, having a radius of 442.14 feet and
chord of which bears: South 19°23'39" East 363.41 feet; thence 331.43 feet along a curve to the left, having a radius of
496.42 feet and chord of which bears: South 14°15'18" East 325.30 feet thence South 33°22'53" East 104.36 feet;
thence 41.55 feet along a curve to the left, having a radius of 800.55 feet and chord of which bears: South 34°52'05"
East 41.54 feet; thence South 36°21' 18" East 143.91 feet; thence 187.87 feet along a curve to the right, having a radius of
622.38 feet and chord of which bears: South 27°42'26" East 187.16 feet to the TRUE POINT OF BEGINNING.
Recorded at.. a� o'e0cL1 M., Eg J i�iC•71i.'11)`:-�R55
Reception No.. 2Pe 2_.......-. .-...-........... C ... ..., . ...:�...........4......,... `1
THIS DEED, Made this day of
between WILLIS KISSES and EUNICE KISSEE
,Is78,
of theCounty of Mesa and State of Colorado,
ofthe first part, and MARY IIDRAINE JACKSON , 1445 Walnut Avenue,
Grand Junction,
of the
County of Mesa
POE MtinffA ()fl
and State of Colorado, of the second part:
`VITNJ;SSETII, That the said part les of the first part, for and in consideration of the sum of
TEN DOLLARS AND 01'HER GOOD AND VALUABLE ODNSIDERATION
to the said part ies of the first part in hand paid by the said part of the second part, the receipt whereof is
Iii l.y Confessed and acknowledged. have granted, bargained, sold and conveyed, and by these presents do
gr•:int, lrart;ilin, sell, convey and confirm, unto the said p ntY of the second part, her
heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the
County of and State of Colorado, to wit:
An undivided one—fourth of all minerals and mineral rights, including oil,
gas and other hydrocarbons in, under and on the E1/2NW1/2, SYtT NWa and
NEoSWs of Section 25, Tp. 5 South, Range 91 West of the 6th P.M.
also known ats street and number
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise
nppcl•trinittg, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all
the ostlitc, tight, title. inlcrest, clulm and demand whatsoever of the saki part ies of the first part, either in law
ur equity, of, lo and to the above bargained grandees, with the hereditaments and appurtenances.
No. 168. WARD ANIV 1)1l)—Far Photographic Iloeord.- Dr milord Publiahlnn Co..1S24.117 Stout Street. Di rarer. Colorado—G.7e
:kbit
51-1,U vFs15S
• TO HAVE AND TO HOLD this said premises above bargained and described, with the appurtenances. unto the
amid part y of yr second part, her heirs and ensigns forever. And the said part ies of the first part,
for themsel ares, 71� 1exteiitore, end administrators, de covenant, grant, bargain and agree to and with
the sold party of the second part. her hairs and assigns, that at the time of the ensealing and delivery of
these presents they are wall seized of the premises above conveyed. as of goad, sure, perfect. abeelute and
indefeasible estate of inheritance, In law, in fee simple, and hn ve good right,full power nndiawful authority to
giant, bargain, sail and convey the same in manner and form as nfareen d, and that the same are free and
clear from alt former and other grants, bargains, sales, Hans. texas. assessments and encumbrances of whatever
land or nature aocver.
and the above bargained premises in the quiet and peaceable possession of the said party of the second part,
her heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any
part thereof, the said part ies of the first part shall ani will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said parties of the first part ha ve hereunto settheirhand 5
and seal 5 the day and year first above written.
Signed. scaled and Delivered in the Presence of
STATE OF COLORADO,
• �.�iLhfC ............................'SEAL]
.WILLIS KI SEE
EUNICE KISSES •'
115
County of Garfield 11
The foregoing instrument -::us acknowledged before m^_ this
19 78 ,by WILLIS KISSES and EUNICE KISSEE.
day of ��;. :, .G., ,
My commission expires •)1...-..,... -6-i %c-, .19 / J . Witness my hand and official seal.
1 !/
•''SV...:. ":; lar .. .r. } �` 1' !` ! ` 1 ' �;� / :
•-•.%`.••1. .c' 'A e, • f! ............ ase:
.
'.%9X »• •
• ipsi
s r.. . -• ,.
f
A
WARRANTY DEED
0
I hereby certify that this instrument was tiled
wl
Recorded at .%��,a77��,irl o'cock...l— M., .
rr7�.7
Reception No Srta �f`°rryy
DEC 51978 ?.l:`. ).#
.Recorder.
THIS DEED. Made this day of
between WILLIS KISSES and EUNICE KISSES
,1978,
of the. County of McSa and State of Colorado,
of the first part, and RINALD KISSEE, 1445 Walnut Avenue,
Grand Junction,
of the County of Masa
STATE DOCUMENTARY FE
DEC 5 1978
and State of Colorado, of the second part:
WITNESSETH, That the said part ies of the first part, for and in consideration of the sum of
MOW
TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION
to the said partieS of the first part in hand paid by the snid party of the second part, the receipt whereof is
hereby confessed and acknowledged, he ve granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm, unto the said party of the second part, his
heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the
County of and State of Colorado, to wit:
Are undivided one-fourth of all minerals and mineral rights, including oil,
gas and other hydrocarbons in, under and on the I%NWs, SANW4 and
NE3 SWis of Section 25, Tp. 5 South, Range 91 West of the 6th P.M.
alio knnun as street rand number
TOGETHER with all and singular the horeditaincirte and appurtenances thereto belonging, or in anywise
appertaining. and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all
the c;.tatc. right, title, interest, claim and demand whatsoever of the snid part ies of tho first part, either in law
n:- Nulty, of, h, nad to tho above bargained premises, with the hereditaments and appurtounnces.
1
Na. lila. n•.11111AN rr Ili:CD—Fur 19ortncr.whIc Itrcnnl.--arndrord ruadbhInu Co.. 1621.46 Shut SUM., nvnv.r. C'olumdo n:-76
TO HAVE AND TO HOLD the said premises above bargained and described, with -the appurtenances, unto the
slid party of, the second part, their heirs and assigns forever. And the Laid part ies of the first part,
for them selVes,'"f 1t executors, nndadministrators, do covenant, grant, bargain and agree to and with
the said part y of the second part, his heirs and assigns, that at the time of the enscaling and delivery of
these presents they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and
indefeasible estate of inheritance, in law. in fee simple, and ha ve good right, full power and lawful authority to
grant,bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and
clear from all former and other grants, bargains, sales, liens, tuxes, assessments and encumbrances of whatever
kind or nature soever.
and the above bargained premises in the quiet and peaceable possession of the said part y of the second part,
his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any
port thereof, the said part ies of the first part shall ani will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said parties of the first part have hereunto set theirhands
and souls the day and year first above written,
rj•
Signed, sealed and Delircred in the Presence of L- t. .l • t �� — -(•,i-•: t IRR a r.]
WILLIS KISSEE
STATE OF COLORADO,
County of Garfield
The foregoing instrument was acknowledged before me this
1978 ,by 4111116 Kissee and Eunice Kissee.
[SEAL]
... a .a...... :......... . ..jSEAL]
EUNICE KISSEE
My commission expires
Cq
s.
z
Q
z
•
{
tfl
/ '.
nt was filed
! hereby certify that this instru
0
day of k..1.,r.
1. •
, 19 / . Witness my hand and official seal.
j) lI
•
Notary 1.11.1111.
.5
al
•`
Send future tax statements to:
ian�a0 22 WlMVtO&� 6YCl0 ���
File No. 1806050
SCHEDULE B - SECTION 2
3
Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction
of the company:
I. 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. 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 the proposed insured acquires of record for value the estate or interest or mortgage thereon
covered by this commitment.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. Any lien or charge on account of the inclusion of subject property in an improvement district.
8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record.
9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the
premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United
States Patent recorded October 22, 1890 in !took 12 at t'u;`e 63.
10. Reservation of one-half of all minerals and mineral rights including oil and gas as reserved by Willis Kissee and Eunice Kissee in deed
recorded December 6, 1963 in I tool. 354 ui 1'aee 4t,'. and any and all interests therein or assignments thereof.
11. Reservation of an undivided one-half interest in and to all oil, gas and minerals in and under said land, as reserved by Charles A. Wear and
Ida E. Wear in deed recorded December 30, 1963 in Houk 35 at I ;t}. I0'! and any and all interests therein or assignments thereof.
12. Reservation of an undivided one-half interest in and to all oil, gas and minerals in and under said land, as reserved by Karl O. Larson and
Hazel R. Larson in deed recorded October 4, 1973 in I3• • I. •1504 it Page 326 and any and all interests therein or assignments thereof.
13. Utility easement 20 feet in width described in deed recorded May 17, 1978 in Book 510 at I've .: ' and in deed recorded May 25, 1978 in
Book 510 at I'agc 441.
14. Terms, conditions and all matters set forth in Garfield County Resolution No. 92-015 recorded March 5, 1992 in itoul. 82.5 at halt: 123.
15. Easements, rights of way, notes and all matters set forth on the Huber SB -35 Exemption Plat recorded March 13, 1992 as Iteccptinu No.
-I-32547 except those easements extinguished by deed recorded March 5, 1996 in !took 969 til Pao: r 211 • and in deed recorded March 28,
1996 in Boal. 971 itt I'itl;.: 990.
16. Easements and rights of way for the Connally Ditch, the Haggerty Enlargement of the Coryell Ditch and the Larson Ditch, insofar as they
may affect subject property.
17. Terms, conditions, easements and all matters set forth and described in Easement Agreement recorded March 28, 1996 in Book 971 in
hide 988.
18. Easements described in instrument recorded March 28, 1996 in 13ook 971 at I'agc 991
19. Terms and conditions of agreement recorded March 29, 2005 in Book 1674 at I',tkc 288.
20. Terms and conditions of Easement agreement recorded March 28, 1996 in Book 971 at Page 988.
21. Easement Contained in instrument recorded March 28, 1996 in I3ool. 971 al 1'a c 991.
22. 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 and the date on which all of the Schedule B, Part 1 -Requirements are met.
NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN THE POLICY TO BE ISSUED HEREUNDER.
The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B -
Section 2, the following items:
(1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in
Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales.
NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company.
Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction.
American Land Title Association Commitment Schedule B - Section 2 Form 1004-12
ook 351E Recorded
age 462•
223610 Ohasr S. Kee an
l:eceptioo No.._,.._._..._..._.... .„,..�.r..._ _.._ . , .. „% .,„ .Recorder.
Tms DEED, Matte this llth day of January
in the year of our Lord otic thousand nfne hundred and Sixty
between
WILLIS KISSEE and EUNICE KISSEE,
of the County of Garfield and State of
Colorado, of the first part, and
CHARLES A. WEAR and IDA E. WEAR,
RECORDER'S STAMP
of the Comely 01 Garfield and State of Colorado, of the second part:
WITNESSETH, that the said part ies of the first part, for and in consideration of the sum of
TEN DOLIIRS and other Good and valuable considerationsilfM
to the snid parites of the first part in hand paid by the said pnrtics of the second part, the receipt whereof is
hereby confessed and acknowledged, 110 VC granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not
In tenancy fn cotnulon but in Joint tenancy, all the following described lot ar parcel of land, situate, lying and
being in the County of Garfand Stale
of Colorado, to -wit:
L --i!4, S!I,�,PIli • and N S'Jl-, Scc. 25, Pp. 5 S., R. 91 1.1., 6th P.M.,
together with all ditch and flitch rights, water and \rater rights
used thereon or in connection therewith, including tire Connally
Ditch with Priority #25 and 1/3 of the 1taggarty Enlargement of Coryell
Ditch and of Priority ;/11►i-5A decreed thereto.
Excepting and Reserving to FIRST PARTIES, the 1/2 of al.1 minerals and
mineral rights, inclucl:in oil and gas.
TOGETHER with all and cin;;aloe the hereditaments and appurtenances thereunto belonging. or in anywise
appertaining, mut the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all
the estate, right, lite, (merest, cl:dm rind demand whatsoever of the said parties of the first part, either In taw or
equity. nf, in and In the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, onto the said
parties of the second part, their heirs and nstigns forever. And the said parties of the first part, forthcrosel yes ,
their heir•, executors, and administrators da covenant, grant, bargain and agree to and with the said partes
of the second mut, their hairs mid assiguu, that al the time of the ensealiug and delivery of these presents they are
well seized of the premises above conveyed, as of good, sure. perfect, absolute and Indefeasible estate of inheritance, in
lav:, in fee :,implc, and ha Ve Rood riblet, full power and lawful authority to grant, bargain, sell and convey tate same in
nanu:r and form aforesaid, and shat the saute arc free and clear from all former and other grants, bargains, sales, liens,
t0?.cs, assessments and incumbrances of whalcvcr Icinrl or 1101bre socver,
and the above bargained prcnuisc; in the gniet and peaceable possession of the said pat tics of the second part, their heirs
and atsigus, against all and every person or persons lawfully claiming or to Jahn the tviuOlc or any part thereof, the said
part iec of the firs''. bort shall and will 'WARRANT AND hOREVE.R DEFEND.
IN 1V1'rNEss WIJEREo1: Ili said patties of the firs) parr have hereunto set tJ elbamd ,,
seal s the Clay and year first above written.
Signed, Scaled :old Delivered in the f'reacucc ,.f
i
711:: I
St'A'fE OR COLOJ(ADO,
`
County Ga. field Is.
eit}ll farisiolnyJ unIruencllt was acknowledged before Inc This
lv' '...bye"•r.;fkdlts Kiasce and Eunice J.J.ncoc.
=
t~1oral A�
� t ATy CAplrlii3Fiol1 ;�CpiY.y
• •• ..
•
Deccno. r 1
. .-....,iSEAl
13.th day of January
1960 . \Vilness my lurid and official seal.
tf
ir.
No. 921. w. RtIttX rr ItrIED,—Ta r.1n I'r.nurltr.—lien&rd.tb,l,!neon Per. ce„100J. ltsbIsw)'s l..enl Irinrkn. 1E: NH alert5t.A<orrr Lrtune,lu
•lr I,y rcnturnt 1111,0011 or pnne,.nn more turret hemi, Yr nan,ru: 14 by 4olwn teflon !R renew...Hank s or 0([flrtnl rnpp.ully or NI
summer -in -001r 111.4, Inner( name nr prwon na rrtecme,r, nitnrno •tr-fast or [Orr enyn fir v1' Ornrrhlllen; Ir by or Hc,r ar ear.
poritioa, thenen tree 1tn• 8x1 ich ortieee or oftl r,4 mi ulia prredrlt or other ottlrcra of +each curporaltun, 'manna St.—Statutory
`1iC' •
Recorded at as &cock.. M., tiro hid.... 21
` (; t "'r r ,` �:.1, y
Reception No_....9 5�'r8.....�'. ...... ..».....Reearder.
TIT'S DEED, Made this day of
between WILLIS KISSES and EUNICE KISSES
,1978,
of the County of Mesa and State of Colorado,
ofthefirstpart,andl4 RY LORPAINE JACKSON, 1445 Walnut Avenue,
Grand Junction,
of the
TME 1M(1{TAYIEE
County of McSa and State of Colorado, of the second part:
WITNESSETII, That the said part ies of the first part, for and in consideration of the sum of
T11l DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION nsWIDRW.
to the said part ies of the first part in hand paid by the said party of the second part, the receipt whereof is
hereby confessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do
;;rant, bargain, sell, convey and confirm, unto the said party of the second part, her
heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the
County of and State of Colorado, to wit:
An undivided one-fourth of all minerals and mineral rights, including oil,
gas and other hydrocarbons in, under and on the E'NWIs, S WW4 and
VE SW' of Section 25, Tp. 5 South, Range 91 West of the 6th P.M.
also known as street and number
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in nny-liso
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all
the -state. right, title, interest, claim and demand whatsoever of the said part ies of the first part, either in law
er equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
Nu, 1fi8. W ARIIAN'rV DItt.0—For ['holographic Record.—'Uwdtord I'ubllvhlnc 0.015=4.1G Stout Strect. Dt n,nr Colne..do--G.75
• Y :.11f :y.I 5 a9
J ':5 �•3
TO HAVE AND TO MOLD the said premises above bargained and described, with the appurtenances, unto the
said part y . of e. second part, her heirs and assigns forever. And the said part fes of the first part,
for them eel ves, Tie�i�',rexecutors, bndadministrators,eio covenant, grant, bargain and ague to and with
' the sold panty of the second port, her heir's and assigns, that at the time of the ensenling and delivery of
. these presents they are wall seined of the premises above conveyed, as of good, sure, pcifect, absolute and
indefeasible estate of inheritance, in law, In fee simple, and ha Ve good right, foil power and lawful authority to
giant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and
clear front alt former and other grants, bargains, sales, liens, taros, assessments and encumbrances of whatever
find or nature never.
and the above bargained premises in the quiet and peaceable possession of the said part y of the second part,
her heirs and nst,igns against all and every pcmou or persons lawfully claiming or to claim the whole or any
part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said patties of the first part ha ve hereunto settheirhand S
and seal s the day and year/list above written.
Signed, sealed and Delivered in the Presence of
STATE OF COLORADO,
SEAL
WIIT,ZS KI ! I ]
[SEAL]
F1...::.-... t,+-• . _ ISEAL]
E[ IICE KISSES
County of Garfield }ss.
The foregoing instrument .:as acknowledged before me this
19 78 ,by WILLIS KISSEE and E[NICE KISSEE.
Ify commission expires j L , ; . . ti t . /
STATE OF COLO
I hereby certify that this instrument was filed
19 ›—
/j
•4 O
Zy;r1
ttl
0
A
qi
7
w
Q 0
a
v$
•y
7
.
a1
day of /.1
. Witness my hand and official seal.
Nolarj l'�M1i.4K•
z
tv).
v rl
4.6
W
VI
1r
V .
z
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
said party of Ate second part, their heirs and assigns forever. And the said part ieS of the first part,
for themselves ,Lag, executors, and administrators, do covenant, grant, bargain and agree to and with
the said part y of the second pert, h1S heirs and assigns, that at the time of the ensealing and delivery of
these presentsthey are well seized of the premises above convoyed, as of good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and ha ve good right, full power and lawful authority to
grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and
clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever
kind or nature soever.
and the above bargained premises in the quiet and peaceable possession of the said part y of the second port,
his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any
part thereof, the said part ieS of the first part shall ani will WARRANT AND FOREVER DEFEND.
IN SYITi\ESS WHEREOF, the said part1es of the first part have
and souls the day and year first above written,
hereunto set theirhands
2
;
Signed, sealed Lind Delircred in the Presence of•r• l< < • �• / �' % ' t jSE:\L]
WTT.LTS KISSES
[SEAL]
z.....,:. :....:..:...:... a�:z , .... !SEAL]
EINICE KISSKE
County of Garfield ss.
The foregoing instrument was acknowledged before me this
1978 ,by Willis Kissee and Eunice Kissee.
STATE OF COLORADO,
My commission expires
•
,ti :
W
W
111
•
• i 0
;
i
%.
day of I.. . . 1. • .
, 19'':l ' . \Vitness my hand and official seal.
r.i et,ry
J
:n; s7uaiva;u;sxW Will nj!MOS
Recorded th.t..2.33.._._oc1oek..P.....M.._...A.e.�._3A._.1gfi�_______..... Book 755
Page 107
Rrccpticn No,...223 61... ... an .. Recorder,
THIS DEED, Made this 4th day or December
in the year of our Lord one thousand nine hundred and sixty—three
between CHARLES A. WEAR and IDA E. WEAR
of the County of Garfield and State of
Colorado, of the firs) port. and KARL 0. LARSON and HAZEL R. f ARS°
RECORDER'S STASIP
of the County of Mesa acid State of Colnrodo, of the second part:
WITNESSETH, that the said part les of the first park for and in consideration of the sum of
TEN DOLLARS AND OTHER VALUABLE CONSIIIEIIATION 1341abakRa
to the said part los of the firs! part in hand paid by the said partici of the second part, the receipt whereof is
hereby confessed and acknowledged, have granted, bargained, sold and coaveycd, and by these presents do
grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not
in tenancy in common but in Joint tenancy, all the following described lot or parcel of lantl, situate, lying and
belso in the County of Canfield and State
of Colorado, to -wit: G?-Xh'!, S(c; NhY, and N 1Sltl, Sec, 25, 1, 5 S., K. Yl W., Gth
Toscther with all ditch and ditch rizhts, Crater and water ricthts used thereon
or in connection therewith, including the Connally Ditch with Priority No. 25
and 1/3 of Haggarty Enlargement of Corvcll Ditch and of Priority No. 145A
decreed thereto.
Provided always, that there is hereby e'ceptcd and reserved an undivided one—half
inrorest in and to all oil, gas, and minerals in and under said lands.
TOGETHER will all and sirt,tular the Iscrcdila utenla and appurtenances ttereunlo belonging, or In anywise
apperl afting, and the reversion anti rcvcrsious, remainder and remainders, reins, issut a and p:otits thereof; and all
the: cs:.its, ri,:h:, title, Interest, elaitn and demand whatsoever of the said part 1Cs • of the first part, either in law or
equity, of, iu and 10 the above bar,toined prcuti.es, with the hertdilantruts and appurtenances.
'CO HAVE AVD 'r0 HOLD the said pt emise, abuse h;+rgnined and described, tt,lh the nlq salt uailces, unto the said
part ie. of ll., s.rmoJ parr, their Ime( and assigns form-cr. And the geld part i,` i of the first pail, for then' set VAs
tll2i r heir;, cneenlms, and administrators do covenant, grant, bit -gain and tgt Ce to and with the said pat Lica
of the stco nl part, heir heirs and assigns, that at Ott tints of the eteca!i0g and delivery- of these pt.:huts they are
Well sciard 31 the premises ubuve c,`aveyttl. as of 1;0041, fle72 la'i`n, ahoniute sal !;dei ra sthle mote nf inheri once, !n
I•,.r, in fee simple, and haVt•goud right, fvll pones- and Lttr'ur muthnrny to grant, bargain., sell and convey the some in -
:n,:nnter rind form aforesaid, mod that the same are Tree and char (rum all farmer end other grar.;t, bargains. nabs, liens,
1.1xes, assessments and iuemml,rances of whatever kind or nature Iwmver, s11b 'ct ro ro gd ti't's tions, 1 f a
in patents fror they 1nited States of-ll,,`rica, and subject to ri_Itl.,—of—masa for
roads, stitches and telephone lines as ooh' constructed and in use; and subject
to taws for ltt(•3,bectnrin'i due in {'li,4,trhich are to be adjusted as of tlpril 1%,1464;
It1f+4;
and tete above bargained premises in the quirt and inlet:tblc pc+ssccsimn of :he said parties of the second part, their heirs
and assigns, against all and ,:very person or persons lawfully claiming or to claim the whole or any pa: l thereof, the said
part jpy of the first part shall and will WARRANT AND FOREVER DEFEND,
1N WITNESS WHEREOF' the said parties of the first part ha VC hereunto set thdihand S and
seal s the. Jay and year first shove written.
rimed, Sealetl and Delivered in the Presence of
so
re:: kr JI .- _Y.�u h • . -
sty
A re
t r.�
+a
STATE OF COLORADO.
}1c.
est:sty of Garfield,
('C f1- l'1%;-( '
t'ltiai`TFs' S.`liiiii,r _......•
.
yd.r....tit5lr:...:•...
1
The foregoing inslrut tent was acknowledged Lefore mu this 4CI] da. • of U4`COptber
1963 ,bar' Charles A, Wear and Ida E. Wear.
T{y ronunisst,nt a•:••i-. r si 91'rh 2]u, I'J (iii . Witness my fund and offr,;Inl seal
No, 921. WARRANT ..�.:'
•Is t y u,tlur +L1Q14S1-5' i'rC5p,
nimelfay-art-cart. Il.. r emit t�litrc�g{Sr�St{�
a ilt.ia iJYnsef. ri• �xt�'lGSiti`t`IiJ
al':i 01.1:1 NI,s A ]w: tilt •1
7,.11j"
k rt 3-- I,t
'2‘.;;;;, + ]rr]:r F
�L � �f:t , f , , or dt
..°"r' ` I{It. )f�. f �! ${II.�•:,}``., 1P �' LLrm Yry
lu,:xn cubits •
RemldedaA 10:30TeajA. ,,,y October ll•t 1973
BDOKQS� i�ICE3e,6&mention No 2602 5 'Elia .Stephens~
This DEED, Made this second clay af;OCtober
n73 ,between KART, • O . LARSON and HAZEL R. LARSON,
of the County of Garfield • and State of
Colorado, of the first part, and SIDNEY MILLER and RHODA
MILLER
RECORDER'S STAMP
. STATE 00ClItiEIIiMY FEE
OCT 4 1973
of the - County of Garfield and State of Colorado, of the second part:
WITNESSETH, that the said part ieacf the first park for and in consideration of the sum of
TEN DOLLARS AND' OTHER GOOD AND VALUABLE CONSIDERATION -
to the said part ie sof the first part in band paid by the said parties of the second part, the receipt whereof to
hereby confessed end acknowledged, bnVe granted, bargained, sold and convoyed, and by these presents do
grant; bnrg44,'sell, convey and confirm unto the said parties of the second part, their hairs and eaaigaa forever, nor
in tenancy in tommon but in joint tenancy, all the following described lot or parcel of land, situate, lying mm~sing to/the • - County of Garfield and State of Colorado; to wit:
L The;,East-Half of the Northwest Quarter (ANA), the Southwest
Quarter of the Northwest Quarter (SWkNW'k), and the Northeast
Quarter of the Southwest Quarter (NEkSW'k) in Section Twenty -
Five (25), Township Five (5) South, Range Ninety -One (91) West,
of the Sixth (6th) Principal Meridian.
Together with all ditch and water rights appurtenant to or used
in connection with the said lands, including, but without limita-
tion on the foregoing, the Connally Ditch with Priority No. 25
for 1.6 c.f.s. and Priority No. '220R"for 3:2 c.f.s.; also .8 c.f.s
out of Priority No. 145A awarded the Haggerty Enlargement of'the
Coryell Ditch; also the Larson Ditch, awarded 2 c.f.s. in Water
Case No. 331 in the District Court of Garfield County in and
for Water Division No. 5.
Provided always, that there is hereby excepted and reserved an
undivided one-half (1/2) interest in and to all oil, gas, and
minerals in and under said lands.
TOGETHER with all and singular the hereditament- and appurtenances thereunto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and
all the estate, right, title, interest, claim and demand whatsoever of the said partieSof the first part, either to
law or equity, of, in and to the above bnrgalned premises, with the beredltameute and appurtenances.
No. 768. WARRANTY DEED --To Joint T.a.nt..—Bedford Publishing Comas. 1824 Btaat Btre.t, Deaver, Colorado -1.12
1
BOUd45O PACE 327
TO RAVE AND TO HOLD the Bald promisee above bargained and described, with the appurtenanceo, auto the
said parties of the mond part, their helm and 'soigne forever. And the eatd part iesof the Drat part, for
diem eel 08, theirhei ej executors, and administrators, do covenant, grant, bargain and agree to
and with the said parties of the aecond part, their heirs and assigns, that at the tune of.t a mmealing and delivery
of theaa arraanta, they are well Betted of the premises above eeaveyed, as of good, sum, perfect, absolute
and Indefeaaible eatate of inheritance in law, in fee simple, and ha Ve good right, full power and lawful authority
to grant, bargain, Bell and convey the mama in manner and form aforesaid, and that the same are fret and clear from
all former and other grants, bargains, Bales, liens, taxes, aaeeu menta and incumbrancea of whatever kind or Ware,
Boever,subject to all easement reservations, restrictions, and rights-
of-way now of record. Taxes for 1973, due in 1974, are to be prorated,
and the above bargained premises In the quiet and peaceable poasession of the said parties of the eecoed part, their
!Iain Find nevi] rrna
, agalt nli and every person or por, ons lawfully clelming ar to claim the whole or any part thereof,
the otdd parties of the first part shall and will WARRANT ANDS FOREVER DEFEND.
IN WITNESS WHEREOF, the Bald parties of the first part have hereunto set the1Y band S and
seal s the day and year brat above written.
Signed, Sealed and Delivered in the Preaence of
/f`:.'.l `-' r-...._....... _[BEAT.]
Karma O. L7:1? -
Haa{e1 R. Larson
[REAL]
STATE OF COLORADO, '
- 1".
Ognnts, of Garfield f
The foregoing instrument we, acknowledged before me this ' 2nd day'of October
1973 ,by' Karl O. Larson and Hazel R. Larson.
My commission expiree December 12. , IP 73 . Witness my hand and official seal.
"— Notary bu
...r .,. f
1 !q ldtgl Parson or pe,r,na herr tarett ram, or na,aip: s[ M prdon. tin In repre+enWtiee or eltlelo7 Capaelty or or albm,y-In•faet,
••,•ttt.e Ftuctie; �o- fk Penun as oxecntor• atwrneyln.fnet or other capacity or dnnAplka; It by officer of eo,po,etlon, thea Insert nom. o1 ouch
offlcenatidff a e1 the pralJent or other ,{firers of fool, oroonAlon, nomInt It -
z
a
1
1
Commonwealth Title Company of Garfield County, Inc.
127 E. 5th Street
Rifle, CO 81650
Phone (970) 625-3300 / Fax (970) 625-3305
1322 Grand Avenue
Glenwood Springs, CO 81601
Phone (970) 945-4444 / Fax (970) 945-4449
Date: June 19, 2018
File No. 1806053
Property Address. 1795 & 2027 County Road 245, NEW CASTLE
Olszewski, Massih & Maurer, P.C.
1204 Grand Avenue
Glenwood Springs, CO 81601
Attn: Amanda Maurer
Email: amanda@ommpc.com
Closing Contacts
Glenwood Springs office - 970-945-4444 Rifle office - 970-625-3300
Linda Gabossi - linda@cwtrifle.com Denna Conwell - denna@cwtrifle.com
Connie Rose Robertson - connie@cwtrifle.com Patti Reich - patti@cwtrifle.com
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No. 1806053
1. Effective Date: June 12, 2018 at 7:59 AM
2. Policy or Policies to be issued:
(a) ALTA OWNER POLICY (ALTA 6-17-06) N/A
Proposed Insured:
(b) ALTA LOAN POLICY (ALTA 6-17-06) N/A
Proposed Insured:
3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and
is at the effective date hereof vested in:
4J, LLC
4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and
described as follows:
See Attached Exhibit "A"
TITLE CHARGES
Informational Commitment $167.00
COUNTERSIGNED: Patrick/P. 3twwelb
American Land Title Association
Schedule A
(Rev'd 6-06)
Authorized Officer or Agent
Valid Only if Schedule B and Cover Are Attached
Issuing Agent:
Commonwealth Title Company of Garfield County, Inc.
127 East 5th Street Rifle, CO 81650
File No. 1806053
EXHIBIT "A"
A parcel of land situated in the E'/2NW'/4 of Section 25, Township 5 South, Range 91 West of the 6th P.M., lying
Easterly of the East Elk Creek Centerline and Southwesterly of the Southwesterly right of way of County Road No. 245 is
more particularly described as follows:
Beginning at the North Quarter Corner of said Section 25, a rebar and cap in place; thence South 18°57'53" West
1212.03 feet to a point on said Southwesterly right of way, also being a point on a lane centerline, the TRUE POINT OF
BEGINNING; thence leaving said right of way, South 60°06'03" West 663.57 feet along said lane centerline; thence
South 55°41'19" West 85.29 feet along said lane centerline to a point on the centerline of said creek; thence along the
centerline of said creek the following courses and distances: North 25°26'55" West 101.86 feet; thence North 40°46'03"
West 39.65 feet; thence North 15°07'25" East 232.64 feet; thence North 63°27'45" East 211.82 feet; thence North
11°23'24" East 70.20 feet; thence North 38°27 '30" West 86.80 feet; thence North 64°52'37" West 161.99 feet; thence
North 34°29'28" West 90.40 feet; thence North 15°06'27" West 167.31 feet; thence North 15°25'51" East 69.40 feet;
thence North 39°39'52" East 131.00 feet; thence North 14°26'17" East 201.28 feet; thence North 09°24'53" West 123.56
feet; thence North 10°53'28" East 124.04 feet to a point on the Southwesterly side of said County Road right of way;
thence leaving said creek centerline along the County Road right of way, the following courses and distances: North
87°34'23" East 12.96 feet; thence 137.84 feet along a curve to the right, having a radius of 161.94 feet and chord of which
bears: South 68°02'36" East 133.71 feet; thence 374.50 feet along a curve to the right, having a radius of 442.14 feet and
chord of which bears: South 19°23'39" East 363.41 feet; thence 331.43 feet along a curve to the left, having a radius of
496.42 feet and chord of which bears: South 14°15'18" East 325.30 feet; thence South 33°22'53" East 104.36 feet;
thence 41.55 feet along a curve to the left, having a radius of 800.55 feet and chord of which bears: South 34°52'05"
East 41.54 feet; thence South 36°21'18" East 143.91 feet; thence 187.87 feet along a curve to the right, having a radius of
622.38 feet and chord of which bears: South 27°42'26" East 187.16 feet to the TRUE POINT OF BEGINNING.
File No. 1806053
SCHEDULE B - SECTION 1
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 date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise
noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located.
1. Note: Per Statement of Authority recorded January 23, 2013 as Reception No_ 8309 14 the person(s) authorized to execute
instruments conveying, encumbering or otherwise affecting title to real property are Brett Jolley; Jeanne Jolley on behalf of 4J
LLC
2. 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.
3. Pay the agreed amount for the estate or interest to be insured.
4. Pay the premiums, fees, and charges for the Policy to the Company.
5. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly
authorized, executed, delivered, and recorded in the Public Records.
This is an informational only commitment and no policy will be issued hereunder.
6. Receipt of satisfactory Improvement Survey Plat certified to the Company (i) prepared from an on -the -ground inspection by a
registered land surveyor licensed in the State of Colorado; (ii) currently dated, showing the location of the Property and all
improvements, fences, easements, roads, rights-of-way and encroachments or other matters identified in Schedule B - Section 2 of
this Commitment, to the extent such matters are capable of being shown, (iii) containing a legal description of the boundaries of
the Property by metes and bounds or other appropriate legal description; and (iv) meeting the criteria of Colorado Revised Statute
38-51-102(9), as amended, for an Improvement Survey Plat.
NM 6
American Land Title Association Commitment
Schedule B - Section 1 - Form 1004-5
DISCLOSURES
Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph F provides: "Whenever a title entity provides the closing and
settlement service that is in conjunction with the issuance of an owner's policy of title insurance, it shall update the title
commitment from the date of issuance to be as reasonably close to the time of closing as permitted by the real estate records. Such
update shall include all impairments of record at the time of closing or as close thereto as permitted by the real estate records. The
title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title
commitment, other than the effective date of the title commitment, for all undisclosed matters that appear of record prior to the
time of closing." Provided Commonwealth Title Insurance Company of Garfield County, Inc. conducts the closing of the insured
transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the
Owner's Title Policy and the Lenders Policy when issued. This Notice is required by Colorado Division of Insurance Regulation 8-1-2,
Section 5, Paragraph G.
Pursuant to Colorado Division of Insurance Regulation 8-1-2, notice is hereby given that affirmative mechanic's lien protection for
the prospective insured owner may be available upon compliance with the following conditions:
A. The land described in Schedule A of this Commitment must be a single family residence, which includes a condominium or
townhouse unit. B. No labor or materials may have been furnished by mechanics or materialmen for purposes of construction on
the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive appropriate affidavits
indemnifying the Company against all unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A through C
above is subject to such additional requirements or information as the Company may deem necessary; or, at its option, the
Company may refuse to delete the exception. No coverage will be given under any circumstances for labor or material for which the
insured has contracted for or agreed to pay. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph M.
Pursuant to Colorado Division of Insurance Regulation 8-1-3, notice is hereby given of the availability of a Closing Protection Letter
which may, upon request, be provided to certain parties to the transaction.
Pursuant to C.R.S. §10-11-122, notice is hereby given that:
A) The subject real property may be located in a special taxing district; B) A Certificate of Taxes Due listing each taxing jurisdiction
may be obtained from the County Treasurer's authorized agent; C) The 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;
and D) The company will not issue its policy of policies of title insurance contemplated by the commitment until it has been
provided a Certificate of Taxes due 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
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 of an inch. The clerk and recorder may refuse to
record or file any document that does not conform.
Pursuant to C.R.S. §10-11-123, notice is hereby given:
This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule
B, Section 2.
A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate
and that 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.
If the transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the
disclosure/withholding provisions of C.R.S. §39-22-604.5 (Nonresident withholding).
Pursuant to C.R.S. §38-35-125(2), no person or entity that provides closing and settlement services for a real estate transaction shall
disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a
matter of right. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph J. "Good Funds Law"
C.R.S. §39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for
recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee and Section
38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the
same as the property address) be included on the face of the deed to be recorded.
File No. 1806053
SCHEDULE B - SECTION 2
Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction
of the company:
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. 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 the proposed insured acquires of record for value the estate or interest or mortgage thereon
covered by this commitment.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. Any lien or charge on account of the inclusion of subject property in an improvement district.
8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record.
9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the
premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United
States Patent recorded October 22, 1890 in Book 12 at Page 63.
10. Undivided one-half interest in all oil, gas and other mineral rights, as reserved by Willis Kissee and Eunice Kissee in Deed to Charles A.
Wear and Ida E. Wear recorded December 6, 1963 in Book 35.1 al Page 462, and any and all assignments thereof or interests therein.
11. Right of way for the uninterrupted flow of East Elk Creek.
12. Terms and conditions of Agreement recorded March 29, 2005 in Book 1674 ai l'a'ic 288.
13. Reservation of a life estate for the oil, gas and related mineral interest with the remainderman interest to grantee in Warranty Deed
recorded September 19, 2013 as Reception No. 810952 and any and all assignments thereof or interests therein.
14. Easement granted to Public Service Company of Colorado in instrument recorded April 14, 2015 as Reception No. 861408.
15. 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 and the date on which all of the Schedule B, Part 1 -Requirements are met.
NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN THE POLICY TO BE ISSUED HEREUNDER.
The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B -
Section 2, the following items:
(1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in
Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales.
NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company.
Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction.
American Land Title Association Commitment
Schedule B - Section 2
Form 1004-12
COMMONWEALTH TITLE COMPANY PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that
you may be concerned about what we will do with such information - particularly any personal or financial information. We agree
that you have a right to know how we will utilize the personal information you provide to us. Therefore, we have adopted this Privacy
Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use
information we have obtained from any other source, such as information obtained from a public record or from another person or
entity.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
• Information we receive from you on applications, forms and in other communications to us, whether in writing, in person,
by telephone or any other means.
• Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party.
Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or
service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the
period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality
control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or
more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and
casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal
companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as
described above to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other
financial institutions with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to
nonpublic personal information about you to those individuals and entities who need to know that information to provide products or
services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic and procedural safeguards
that comply with federal regulations to guard your nonpublic personal information.
Commonwealth Title Company of Garfield County, Inc.
127 E. 5th Street
Rifle, CO 81650
Phone (970) 625-3300 / Fax (970) 625-3305
1322 Grand Avenue
Glenwood Springs, CO 81601
Phone (970) 945-4444 / Fax (970) 945-4449
Date: June 19, 2018
File No. 1806052
Property Address. 2095 County Road 245, New Castle
Olszewski, Massih & Maurer, P.C.
1204 Grand Avenue
Glenwood Springs, CO 81601
Attn: Amanda Maurer
Email: amanda@ommpc.com
Closing Contacts
Glenwood Springs office - 970-945-4444 Rifle office - 970-625-3300
Linda Gabossi - linda@cwtrifle.com Denna Conwell - denna@cwtrifle.com
Connie Rose Robertson - connie@cwtrifle.com Patti Reich - patti@cwtrifle.com
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No. 1806052
1. Effective Date: at 7:59 AM
2. Policy or Policies to be issued:
(a) ALTA OWNER POLICY (ALTA 6-17-06)
Proposed Insured:
N/A
(b) ALTA LOAN POLICY (ALTA 6-17-06) N/A
Proposed Insured:
3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and
is at the effective date hereof vested in:
4J, LLC
4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and
described as follows:
See Attached Exhibit "A"
TITLE CHARGES
Informational Commitment $167.00
COUNTERSIGNED: Pcr trCGkv f . 3 i wweW
American Land Title Association
Schedule A
(Rev'd 6-06)
Authorized Officer or Agent
Valid Only if Schedule B and Cover Are Attached
Issuing Agent:
Commonwealth Title Company of Garfield County, Inc.
127 East 5th Street Rifle, CO 81650
File No. 1806052
EXHIBIT "A"
A parcel of land being the SW'ANW'/4, that portion of the NE'/4NW'/4 Westerly of the centerline of East Elk Creek and
Southerly of the Southerly right of way of County Road No. 245, and that portion of the SE'/4NW1/4 Westerly of the
centerline of East Elk Creek, all in Section 25, Township 5 South, Range 91 West of the 6th P.M., said parcel of land is
described as follows:
Beginning at the North Quarter corner of said Section 25, a rebar and cap in place, thence South 89°38'13" West 1325.52
feet along the Northerly line of said Section 25; thence South 00°15'35" East 30.00 feet to a point on the Southerly line of
said County Road, the TRUE POINT OF BEGINNING; thence North 89°34'49" East 340.22 feet along the Southerly line
of said County Road, to a point in the center of said East Elk Creek; thence along said centerline of the creek by the
following courses and distances; South 10°53'28" West 124.04 feet; thence South 09°24'53" East 136.26 feet; thence
South 14°26'17" West 201.28 feet; thence South 39°39'52" West 131.00 feet; thence South 15°25'51" West 69.40 feet;
thence South 15°06'27" East 167.31 feet; thence South 34°29'28" East 90.40 feet; thence South 64°52'37" East 161.99
feet; thence South 38°27'30" East 86.80 feet; thence South 11°23'24" West 70.20 feet; thence South 63°27'45" West
211.82 feet; thence South 15°07'25" West 232.64 feet; thence South 40°46'03" East 39.65 feet; thence South 25°26'55"
East 101.86 feet; thence South 28°27'36" East 54.19 feet; thence South 33°48'27" East 208.68 feet; thence South
10°15'22" West 222.73 feet; thence South 34°48'38" East 77.46 feet; thence South 79°15'48" East 165.05 feet; thence
South 17°24'50" East 250.85 feet; thence South 52°22'14" East 171.59 feet; thence South 32°45'30" East 112.71 feet;
thence South 11°18'50" East 124.69 feet to a point on the East-West centerline of said Section 25; leaving said centerline
of creek South 89°12'52" West 2193.47 feet; thence along the East-West centerline of Section 25 to the West Quarter
corner of said Section 25; thence North 00°30'07" West 1317.40 feet along the Westerly line of said Section 25 to the
Northwest corner of the SW1/4NW'/4 of said Section 25; thence North 89°26'10" East 1319.85 feet along the Northerly
line of said SW1/4NW'/4 to the Northeast corner of the SW'ANW'/4 of said Section 25; thence North 00°15'35" West
1282.18 feet along the Easterly line of the NWANW1/4 of said Section 25 to a point on the Southerly right of way of said
County Road, the True Point of Beginning.
File No. 1806052
SCHEDULE B - SECTION 1
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 date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise
noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located.
1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will
obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or
Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company.
4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly
authorized, executed, delivered, and recorded in the Public Records.
This is an informational only commitment and no policy will be issued hereunder.
5. Receipt of satisfactory Improvement Survey Plat certified to the Company (i) prepared from an on -the -ground inspection by a
registered land surveyor licensed in the State of Colorado; (ii) currently dated, showing the location of the Property and all
improvements, fences, easements, roads, rights-of-way and encroachments or other matters identified in Schedule B - Section 2 of
this Commitment, to the extent such matters are capable of being shown, (iii) containing a legal description of the boundaries of
the Property by metes and bounds or other appropriate legal description; and (iv) meeting the criteria of Colorado Revised Statute
38-51-102(9), as amended, for an Improvement Survey Plat.
6. Note: Per Statement of Authority recorded January 23, 2013 as Reception No. 830414 the person(s) authorized to execute
instruments conveying, encumbering or otherwise affecting title to real property are Brett Jolley; Jeanne Jolley on behalf of 4J,
LLC
NM 6
American Land Title Association Commitment
Schedule B - Section 1 - Form 1004-5
DISCLOSURES
Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph F provides: "Whenever a title entity provides the closing and
settlement service that is in conjunction with the issuance of an owner's policy of title insurance, it shall update the title
commitment from the date of issuance to be as reasonably close to the time of closing as permitted by the real estate records. Such
update shall include all impairments of record at the time of closing or as close thereto as permitted by the real estate records. The
title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title
commitment, other than the effective date of the title commitment, for all undisclosed matters that appear of record prior to the
time of closing." Provided Commonwealth Title Insurance Company of Garfield County, Inc. conducts the closing of the insured
transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the
Owner's Title Policy and the Lenders Policy when issued. This Notice is required by Colorado Division of Insurance Regulation 8-1-2,
Section 5, Paragraph G.
Pursuant to Colorado Division of Insurance Regulation 8-1-2, notice is hereby given that affirmative mechanic's lien protection for
the prospective insured owner may be available upon compliance with the following conditions:
A. The land described in Schedule A of this Commitment must be a single family residence, which includes a condominium or
townhouse unit. B. No labor or materials may have been furnished by mechanics or materialmen for purposes of construction on
the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive appropriate affidavits
indemnifying the Company against all unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A through C
above is subject to such additional requirements or information as the Company may deem necessary; or, at its option, the
Company may refuse to delete the exception. No coverage will be given under any circumstances for labor or material for which the
insured has contracted for or agreed to pay. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph M.
Pursuant to Colorado Division of Insurance Regulation 8-1-3, notice is hereby given of the availability of a Closing Protection Letter
which may, upon request, be provided to certain parties to the transaction.
Pursuant to C.R.S. §10-11-122, notice is hereby given that:
A) The subject real property may be located in a special taxing district; B) A Certificate of Taxes Due listing each taxing jurisdiction
may be obtained from the County Treasurer's authorized agent; C) The 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;
and D) The company will not issue its policy of policies of title insurance contemplated by the commitment until it has been
provided a Certificate of Taxes due 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
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 of an inch. The clerk and recorder may refuse to
record or file any document that does not conform.
Pursuant to C.R.S. §10-11-123, notice is hereby given:
This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule
B, Section 2.
A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate
and that 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.
If the transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the
disclosure/withholding provisions of C.R.S. §39-22-604.5 (Nonresident withholding).
Pursuant to C.R.S. §38-35-125(2), no person or entity that provides closing and settlement services for a real estate transaction shall
disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a
matter of right. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph J. "Good Funds Law"
C.R.S. §39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for
recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee and Section
38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the
same as the property address) be included on the face of the deed to be recorded.
File No. 1806052
SCHEDULE B - SECTION 2
Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction
of the company:
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. 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 the proposed insured acquires of record for value the estate or interest or mortgage thereon
covered by this commitment.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. Any lien or charge on account of the inclusion of subject property in an improvement district.
8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record.
9. 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 and the date on which all of the Schedule B, Part 1 -Requirements are met.
10. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the
premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United
States Patent recorded October 22, 1890 as Reception No. 10871.
11. Right of way for ditches and canals in place an in use.
12. Any question, dispute or adverse claims as to any loss or gain as a result of any change in the river bed location by other than natural
causes, or alteration through accretion, reliction, erosion or avulsion of the center thread, bank, channel or flow of waters in Elk Creek
lying within subject land; and any questions as to the location of such center thread, bed, bank or channel as a legal description monument
or marker for purposes of describing or locating subject lands.
13. Reservation of 1/4 of all minerals and mineral rights, including oil and gas in instrument recorded December 6, 1963 as Reception No.
223610 and any and all assignments thereof or interests therein.
14. Reservation of an undivided one-half interest in and to all oil, gas and minerals in instrument recorded December 30, 1963 as Rcei.p imt
No. 223861 and any and all assignments thereof or interests therein.
15. Garfield County Resolution No. 82-107 recorded May 12, 1982 in•Uook 5.99 at lie 230,
NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN THE POLICY TO BE ISSUED HEREUNDER.
The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B -
Section 2, the following items:
(1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in
Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales.
NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company.
Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction.
American Land Title Association Commitment
Schedule B - Section 2
Form 1004-12
COMMONWEALTH TITLE COMPANY PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that
you may be concerned about what we will do with such information - particularly any personal or financial information. We agree
that you have a right to know how we will utilize the personal information you provide to us. Therefore, we have adopted this Privacy
Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use
information we have obtained from any other source, such as information obtained from a public record or from another person or
entity.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
•
•
Information we receive from you on applications, forms and in other communications to us, whether in writing, in person,
by telephone or any other means.
Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party.
Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or
service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the
period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality
control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or
more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and
casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal
companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as
described above to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other
financial institutions with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to
nonpublic personal information about you to those individuals and entities who need to know that information to provide products or
services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic and procedural safeguards
that comply with federal regulations to guard your nonpublic personal information.
Commonwealth Title Company of Garfield County, Inc.
127 E. 5th Street
Rifle, CO 81650
Phone (970) 625-3300 / Fax (970) 625-3305
1322 Grand Avenue
Glenwood Springs, CO 81601
Phone (970) 945-4444 / Fax (970) 945-4449
Date: June 19, 2018
File No. 1806050
Property Address. 1793 County Road 245, New Castle
Olszewski, Massih & Maurer, P.C.
1204 Grand Avenue
Glenwood Springs, CO 81601
Attn: Amanda Maurer
Email: amanda@ommpc.com
Closing Contacts
Glenwood Springs office - 970-945-4444 Rifle office - 970-625-3300
Linda Gabossi - linda@cwtrifle.com Denna Conwell - denna@cwtrifle.com
Connie Rose Robertson - connie@cwtrifle.com Patti Reich - patti@cwtrifle.com
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No. 1806050
1. Effective Date: June 12, 2018 at 7:59 AM
2. Policy or Policies to be issued:
(a) ALTA OWNER POLICY (ALTA 6-17-06) N/A
Proposed Insured:
(b) ALTA LOAN POLICY (ALTA 6-17-06) N/A
Proposed Insured:
3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and
is at the effective date hereof vested in:
Brett L. Jolley and Jeanne L. Jolley
4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and
described as follows:
See Attached Exhibit "A"
TITLE CHARGES
Informational Commitment $167.00
COUNTERSIGNED: Patrick f. 13 rweW
American Land Title Association
Schedule A
(Rev'd 6-06)
Authorized Officer or Agent
Valid Only if Schedule B and Cover Are Attached
Issuing Agent:
Commonwealth Title Company of Garfield County, Inc.
127 East 5th Street Rifle, CO 81650
File No. 1806050
EXHIBIT "A"
A parcel of land in the NE1/4NW1/4 and in the SE1/4NW1/4, Section 25, Township 5 South, Range 91 West of the Sixth
Principal Meridian being more fully described as follows:
Beginning at the North Quarter Corner of said Section 25;
thence South 11° 45'29" West 1546.23 feet to a point on the Southwesterly Right -of -Way of
County Road No. 245; the true POINT OF BEGINNING;
thence South 63° 36'01" West 120.00 feet;
thence South 46° 20'37" West 492.37 feet;
thence South 69° 49'21" West 168.88 feet to a point in East Elk Creek;
thence along lines in East Elk Creek the following courses and distances;
North 10° 15'22" East 222.73 feet;
thence North 33° 4827" West 208.68 feet;
thence North 28° 27'36" West 54.19 feet;
thence leaving said East Elk Creek North 55° 41'19" East 85.29 feet along a lane centerline;
thence North 60° 06'03" East 663.57 feet along a lane centerline to a point in the South -Westerly
Right -of -Way of County Road No. 245;
thence leaving said lane and along said Right -of -Way the following courses and distances:
85.22 feet along the arc of a curve to the right, having a radius of 622.38 feet and chord of
which bears: South 15° 08'13" East 85.15 feet;
thence South 11° 12'52" East 290.91 feet to the True Point of Beginning.
TOGETHER with that parcel described in Quit Claim Deed recorded March 5, 1996 in 13ook 969 at Page 205 as
Reception No. 489771.
ALSO TOGETHER with that parcel described in Quit Claim Deed recorded March 28, 1996 in Book 971 al Pge 990 as
Reception No. 490806.
LESS AND EXCEPT that parcel described in Grant Deed recorded March 28, 1996 in Book 971 al Page 991 as
Reception No. 490807.
File No. 1806050
SCHEDULE B - SECTION 1
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 date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise
noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located.
1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will
obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or
Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company.
4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly
authorized, executed, delivered, and recorded in the Public Records.
This is an informational only commitment and no policy will be issued hereunder.
5. Receipt of satisfactory Improvement Survey Plat certified to the Company (i) prepared from an on -the -ground inspection by a
registered land surveyor licensed in the State of Colorado; (ii) currently dated, showing the location of the Property and all
improvements, fences, easements, roads, rights-of-way and encroachments or other matters identified in Schedule B - Section 2 of
this Commitment, to the extent such matters are capable of being shown, (iii) containing a legal description of the boundaries of
the Property by metes and bounds or other appropriate legal description; and (iv) meeting the criteria of Colorado Revised Statute
38-51-102(9), as amended, for an Improvement Survey Plat.
NM 6
American Land Title Association Commitment
Schedule B - Section 1 - Form 1004-5
DISCLOSURES
Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph F provides: "Whenever a title entity provides the closing and
settlement service that is in conjunction with the issuance of an owner's policy of title insurance, it shall update the title
commitment from the date of issuance to be as reasonably close to the time of closing as permitted by the real estate records. Such
update shall include all impairments of record at the time of closing or as close thereto as permitted by the real estate records. The
title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title
commitment, other than the effective date of the title commitment, for all undisclosed matters that appear of record prior to the
time of closing." Provided Commonwealth Title Insurance Company of Garfield County, Inc. conducts the closing of the insured
transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the
Owner's Title Policy and the Lenders Policy when issued. This Notice is required by Colorado Division of Insurance Regulation 8-1-2,
Section 5, Paragraph G.
Pursuant to Colorado Division of Insurance Regulation 8-1-2, notice is hereby given that affirmative mechanic's lien protection for
the prospective insured owner may be available upon compliance with the following conditions:
A. The land described in Schedule A of this Commitment must be a single family residence, which includes a condominium or
townhouse unit. B. No labor or materials may have been furnished by mechanics or materialmen for purposes of construction on
the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive appropriate affidavits
indemnifying the Company against all unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A through C
above is subject to such additional requirements or information as the Company may deem necessary; or, at its option, the
Company may refuse to delete the exception. No coverage will be given under any circumstances for labor or material for which the
insured has contracted for or agreed to pay. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph M.
Pursuant to Colorado Division of Insurance Regulation 8-1-3, notice is hereby given of the availability of a Closing Protection Letter
which may, upon request, be provided to certain parties to the transaction.
Pursuant to C.R.S. §10-11-122, notice is hereby given that:
A) The subject real property may be located in a special taxing district; B) A Certificate of Taxes Due listing each taxing jurisdiction
may be obtained from the County Treasurer's authorized agent; C) The 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;
and D) The company will not issue its policy of policies of title insurance contemplated by the commitment until it has been
provided a Certificate of Taxes due 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
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 of an inch. The clerk and recorder may refuse to
record or file any document that does not conform.
Pursuant to C.R.S. §10-11-123, notice is hereby given:
This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule
B, Section 2.
A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate
and that 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.
If the transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the
disclosure/withholding provisions of C.R.S. §39-22-604.5 (Nonresident withholding).
Pursuant to C.R.S. §38-35-125(2), no person or entity that provides closing and settlement services for a real estate transaction shall
disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a
matter of right. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph J. "Good Funds Law"
C.R.S. §39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for
recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee and Section
38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the
same as the property address) be included on the face of the deed to be recorded.
File No. 1806050
SCHEDULE B - SECTION 2
Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction
of the company:
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. 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 the proposed insured acquires of record for value the estate or interest or mortgage thereon
covered by this commitment.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. Any lien or charge on account of the inclusion of subject property in an improvement district.
8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record.
9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the
premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United
States Patent recorded October 22, 1890 in Book 12 at Page 63.
10. Reservation of one-half of all minerals and mineral rights including oil and gas as reserved by Willis Kissee and Eunice Kissee in deed
recorded December 6, 1963 in Ikiok 354 al Page 462, and any and all interests therein or assignments thereof.
11. Reservation of an undivided one-half interest in and to all oil, gas and minerals in and under said land, as reserved by Charles A. Wear and
Ida E. Wear in deed recorded December 30, 1963 in Rook 355 ni Page 1117 and any and all interests therein or assignments thereof.
12. Reservation of an undivided one-half interest in and to all oil, gas and minerals in and under said land, as reserved by Karl 0. Larson and
Hazel R. Larson in deed recorded October 4, 1973 in (look -150 al I'tltc 326 and any and all interests therein or assignments thereof.
13. Utility easement 20 feet in width described in deed recorded May 17, 1978 in Book 510 al Page 32 and in deed recorded May 25, 1978 in
Book 510 al Page 441.
14. Terms, conditions and all matters set forth in Garfield County Resolution No. 92-015 recorded March 5, 1992 in Book 825 at Page 125,
15. Easements, rights of way, notes and all matters set forth on the Huber SB -35 Exemption Plat recorded March 13, 1992 as Iteeeptioli No.
-132347, except those easements extinguished by deed recorded March 5, 1996 in Book 969 at Page 205 and in deed recorded March 28,
1996 in Book 971 at Page 990.
16. Easements and rights of way for the Connally Ditch, the Haggerty Enlargement of the Coryell Ditch and the Larson Ditch, insofar as they
may affect subject property.
17. Terms, conditions, easements and all matters set forth and described in Easement Agreement recorded March 28, 1996 in Book 971 at
Page 988.
18. Easements described in instrument recorded March 28, 1996 in Book 971 at Page 991.
19. Terms and conditions of agreement recorded March 29, 2005 in Book 1674 at Page 288.
20. Terms and conditions of Easement agreement recorded March 28, 1996 in Book 971 at Page 988_
21. Easement Contained in instrument recorded March 28, 1996 in Book 971 at Page 991.
22. 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 and the date on which all of the Schedule B, Part 1 -Requirements are met.
NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN THE POLICY TO BE ISSUED HEREUNDER.
The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B -
Section 2, the following items:
(1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in
Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales.
NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company.
Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction.
American Land Title Association Commitment Schedule B - Section 2 Form 1004-12
COMMONWEALTH TITLE COMPANY PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that
you may be concerned about what we will do with such information - particularly any personal or financial information. We agree
that you have a right to know how we will utilize the personal information you provide to us. Therefore, we have adopted this Privacy
Policy to govern the use and handling of your personal information.
Applica bility
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use
information we have obtained from any other source, such as information obtained from a public record or from another person or
entity.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
• Information we receive from you on applications, forms and in other communications to us, whether in writing, in person,
by telephone or any other means.
• Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party.
Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or
service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the
period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality
control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or
more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and
casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal
companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as
described above to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other
financial institutions with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to
nonpublic personal information about you to those individuals and entities who need to know that information to provide products or
services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic and procedural safeguards
that comply with federal regulations to guard your nonpublic personal information.
Garfield County Land Explorer
BCEA 3
Parcel 1: 2125-252-00-074
1795 & 2027 CR 245
Parcel
Physical Address
Owner
Account
Num
Mailing Address
212524300019
212525200074
212525200081
212525200083
212525200103
212525200104
212525200132
212525200152
212525201001
212525202001
212525202002
2025 245 COUNTY
RD NEW CASTLE
1795 245 COUNTY
RD NEW CASTLE
1802 245 COUNTY
RD NEW CASTLE
76 241 COUNTY RD
NEW CASTLE
2095 245 COUNTY
RD NEW CASTLE
2101 245 COUNTY
RD NEW CASTLE
1793 245 COUNTY
RD NEW CASTLE
2171 245 COUNTY
RD NEW CASTLE
1806 245 COUNTY
RD NEW CASTLE
1808 245 COUNTY
RD NEW CASTLE
1804 245 COUNTY
RD NEW CASTLE
BRANNAN PROPERTIES
INC
4J LLC
ZIMMERER, RICHARD W
PRISTAS, PAUL J & JEAN
(GAY)
4J LLC
4J LLC
JOLLEY, BRETT L &
JEANNE L
BOWKER, SAMUEL F &
KERN-BOWKER, NANCY
RINKER, STACEY
GUFFEY, MICHAEL R &
JOY E
BOND, DAMON T &
PAHLER-BOND PAIGE K
R013261
R013105
401 W REDONDO BEACH BLVD
GARDENA, CA 90248
2101 COUNTY ROAD 245 NEW
CASTLE, CO 81647
R013003 1802 COUNTY ROAD 245 NEW
CASTLE, CO 81647-0345
R013023 76 COUNTY ROAD 241 NEW
CASTLE, CO 81647
R013245 2242 COUNTY ROAD 512
STEPHENVILLE, TX 76401
R013246 2101 COUNTY ROAD 245 NEW
CASTLE, CO 81647
R130315 1793 COUNTY ROAD 245 NEW
CASTLE, CO 81647
R130370 2171 COUNTY ROAD 245 NEW
CASTLE, CO 81647-9401
R013241 1806 COUNTY ROAD 245 NEW
CASTLE, CO 81647
R009114 1808 COUNTY ROAD 245 NEW
CASTLE, CO 81647
R009115 PO BOX 127 NEW CASTLE, CO
81647-0127
Garfield County Land Explorer
BCEA 3
Parcel 3: 2125-252-00-132
1793 CR 245
Parcel
Physical Address Owner Account
Num
Mailing Address
212525200074
212525200081
212525200103
212525200132
212525200133
212525202001
212525202002
1795 245 COUNTY
RD NEW CASTLE
1802 245 COUNTY ZIMMERER, RICHARD W R013003
RD NEW CASTLE
4J LLC
R013105
2095 245 COUNTY 4J LLC
RD NEW CASTLE
1793 245 COUNTY JOLLEY, BRETT L & R130315
RD NEW CASTLE JEANNE L
R013245
Not available NEW 4J LLC R130316
CASTLE
1808 245 COUNTY GUFFEY, MICHAEL R & R009114
RD NEW CASTLE JOY E
1804 245 COUNTY BOND, DAMON T & R009115
RD NEW CASTLE PAHLER-BOND PAIGE K
2101 COUNTY ROAD 245 NEW
CASTLE, CO 81647
1802 COUNTY ROAD 245 NEW
CASTLE, CO 81647-0345
2242 COUNTY ROAD 512
STEPHENVILLE, TX 76401
1793 COUNTY ROAD 245 NEW
CASTLE, CO 81647
2101 COUNTY ROAD 245 NEW
CASTLE, CO 81647
1808 COUNTY ROAD 245 NEW
CASTLE, CO 81647
PO BOX 127 NEW CASTLE, CO
81647-0127
BCEA 4
JOLLEY, 4J LLC 1 BASIC CORRECTION EXEMPTION APPLICATION
FILE NO.: BCEA-03-19-8723
The severed mineral interests for each property identified by their respective Parcel IDs
were identified in the previously provided title commitments for the application and were
researched on the Garfield County Assessor and Clerk and Recorder websites.
Parcel ID:
Parcel 1
Parcel ID:
Parcel 3
2125-252-00-074
2125-252-00 132
Mineral Information - BCEA
1795 & 2027 CR 245, New Castle, CO 81647
Undivided one-half interest as reserved by:
Willis Kissee and Eunice Kissee**, address unknown
Reception No. 223610 on December 6, 1963.
[**DECEASED**]
**Not on the title report but it is likely these were
transferred to their children: Mary Loraine Jackson via
deed recorded at Reception No. 290528 on December 5,
1978 and Ronald Kissee via deed recorded at Reception
No. 290527 on December 5, 1978.
Reservation of life estate reserved by:
James H. Slappey and Brenda C. Slappey, as Trustees
of the James and Brenda Slappey Joint Revocable Trust
dated March 18, 2005 with remainderman interest
to 4J, LLC
421 North Meadows Drive, Rifle, CO 81650
Reception No. 840952 on September 19, 2013.
1793 CR 245, New Castle, CO 81647
Undivided one-half interest as reserved by:
Willis Kissee and Eunice Kissee**, address unknown
Reception No. 223610 on December 6, 1963.
Undivided one-half interest as reserved by:
Charles A. Wear and Ida E. Wear, address unknown
Reception No. 223861 on December 30, 1963.
Undivided one-half interest as reserved by:
Karl O. Larson and Hazel R. Larson, address unknown
Reception No. 260235 on October 4, 1973.
File No. 1806053
SCHEDULE B - SECTION 2
Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction
of the company:
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. 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 the proposed insured acquires of record for value the estate or interest or mortgage thereon
covered by this commitment.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. Any lien or charge on account of the inclusion of subject property in an improvement district.
8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record.
9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the
premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United
States Patent recorded October 22, 1890 in !look 12 at I'agc 63.
10. Undivided one-half interest in all oil, gas and other mineral rights, as reserved by Willis Kissee and Eunice Kissee in Deed to Charles A.
Wear and Ida E. Wear recorded December 6, 1963 in I L 1 :a Page 462, and any and all assignments thereof or interests therein.
11. Right of way for the uninterrupted flow of East Elk Creek.
12. Terms and conditions of Agreement recorded March 29, 2005 in I1oa 1 1674 al I'agr 288.
13. Reservation of a life estate for the oil, gas and related mineral interest with the remainderman interest to grantee in Warranty Deed
recorded September 19, 2013 as R.ctcoticni No. 8.10'753 and any and all assignments thereof or interests therein.
14. Easement granted to Public Service Company of Colorado in instrument recorded April 14, 2015 as kit;etnion Nu. 8614118.
15. 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 and the date on which all of the Schedule B, Part 1 -Requirements are met.
NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN THE POLICY TO BE ISSUED HEREUNDER.
The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B -
Section 2, the following items:
(I) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in
Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales.
NOTE: The policy (s) of insurance may contain a clause pennitting arbitration of claims at the request of either the Insured or the Company.
Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction.
American Land Title Association Commitment
Schedule B - Section 2
Fonn 1004-12