HomeMy WebLinkAbout1.0 Application1
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
PRE-APPLICATION
CONFERENCE SUMMARY
TAX PARCEL NUMBER: 2177-292-00-505 PRE-APP DATE: 4/24/2019
2177-292-00-489
OWNER: Anna Johnson and Richard Sheets
REPRESENTATIVE: Mike Johnson
PRACTICAL LOCATION: 55 & 59 County Road 317 Rifle, CO 81650
ZONING: Rural (R)
COMPREHENSIVE PLAN: Residential Medium High (2 to <4 acres per dwelling unit)
TYPE OF APPLICATION: Amended Final Plat
I. GENERAL PROJECT DESCRIPTION
The applicant is requesting an Amended Final Plat to adjust the lot lines of the Johnson
Taughenbaugh Mesa Exemption, recorded in 2000 (Reception No. 560802). The applicant wishes to
remove three 35+ acre parcels from the Exemption Plat, leaving the original Lots 1, 2, 3 and
creating a new legal lot to the south (see diagram below). The amended plat is also needed to
correct an illegal conveyance of 40 acres from Lot 4 within the exemption.
No changes to the existing access or utilities are proposed as a result of the amended plat. In
addition, no noncomforming conditions have been noted which would result from the lot line
modification.
2
II. REGULATORY PROVISIONS AND PROCESS REQUIRED
The following Sections of the Garfield Land Use and Development Code as amended apply to the
proposed Application:
• Section 5-305 – Amended Final Plat Review
• Table 5-103 Common Review Procedures and Required Notice
• Table 5-401 Submittal Requirements
• Section 5-402 Description of Submittal Requirements including requirements for a Final Plat
• Section 4-103 Administrative Review and Section 4-101 Common Review Procedures
• Article 7, Divisions 1, 2, 3, and 4 as applicable
III. ADMINISTRATIVE REVIEW PROCESS
The review process shall follow a modified version of the steps contained in Table 4-102 and
Section 4-103, Administrative Review (see attached modified flow chart).
3
IV. SUBMITTAL REQUIREMENTS – KEY TOPICS
As a convenience, outlined below is a list of information typically required for this type of
application:
• General Application Materials
o Completed application form
o Completed payment agreement form
o Authorization letter from both Anna Johnson and Richard Sheets authorizing Mike
Johnson to act on their behalf in this process.
o Proof of Ownership (title work and deed) and information on any lien holders for
both parcels
o Names and mailing addresses of property owners within 200 ft. of the property.
o Mineral rights ownership including mailing address (see attached memo).
o A narrative describing the request and related information.
• Copy of the pre-application summary
• A Vicinity Map within approximately 3 miles
• Because no public improvements are required for this project, a written waiver request
from submittal of an Improvements Agreement should be requested.
• The Proposed Plat showing the existing and proposed lots lines and any other changes
affecting the lots. All easements need to be shown on the plat. All required certificates
need to be included on the plat.
• The plat should include improvement location information adequate to confirm that no
nonconforming conditions will result from the plat amendment. Some improvement
location information will be removed from the plat prior to execution and recording
pursuant to direction from the County Surveyor.
• Copies of the covenants affecting the property (if applicable)
• The request should be consistent with all applicable provisions of Article 7 in the LUDC. The
Application should include at a minimum representations that the amendment will not
result in any changes to drainage, access or utility services.
• Any other supporting information indicating that the change is consistent with underlying
zoning and previous property history.
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.
4
V. APPLICATION REVIEW
a. Review by: Staff for completeness recommendation and referral agencies for
additional technical review
b. Public Hearing: _X_ Director Decision with notice
___ Planning Commission
___ Board of County Commissioners
___ Board of Adjustment
VI. APPLICATION REVIEW FEES
a. Planning Review Fees: $ 100.00
b. Referral Agency Fees: $ TBD – consulting engineer/civil engineer fees
c. Total Deposit: $ 100.00 (additional hours are billed at $40.50 /hour)
VII. GENERAL APPLICATION PROCESSING
The foregoing summary is advisory in nature only and is not binding on the County. The summary is
based on current zoning, which is subject to change in the future, and upon factual representations
that may or may not be accurate. This summary does not create a legal or vested right. The
summary is valid for a six month period, after which an update should be requested. The Applicant
is advised that the Application submittal once accepted by the County becomes public information
and will be available (including electronically for review by the public. Proprietary information can
be redacted from documents prior to submittal.
PRE-APPLICATION SUMMARY PREPARED BY:
April 29, 2019
Claire Dalby, Planner
5
6
7
Glenwood Springs Branch
1322 Grand Avenue
Glenwood Springs, Colorado 81601
Telephone: (970) 945-4444
Facsimile: (970) 945-4449
June 26, 2017
Misty Briscoe-Garcia
misty.briscoegarcia@integratedmtn.com
Re: Mineral Owners for Parcel Number 2177 292 00 505
We examined title to the minerals as reflected in recorded documents in the Garfield County
Clerk and Recorder’s Office for the following parcel:
A tract of land situated in Sections 19, 20, 29 and 30, Township 6 South, Range 93 West
of the 6th P.M. in Garfield County, Colorado, and being more particularly described as follows:
Beginning at a point where the Easterly right-of-way line of County Road 317, and the
West line of the NE1/4NE1/4 of said Section 30 intersect, and from which the Section Corner
common to Sections 19, 20, 29 and 30 in said Township and Range bears North 74°08'56" East
a distance of 1357.92 feet; thence North 54°16'34" East and along said Easterly right-of-way line
a distance of 432.60 feet; thence North 47°13'34” East and continuing along said Easterly right-
way line a distance of 143.63 feet to a point on the Southerly right-of-way line of County Road
No. 320; thence North 59°00'07" East and along said Southerly right-of-way line a distance of
544.14 feet; thence South 30°59'53" East a distance of 392.04 feet; thence 59°00'07" East a
distance of 300.00 feet; thence North 62°43'27" East a distance of 492.58 feet; thence North
16°11'49" East a distance of 310.00 feet to the Southwest Corner of a 2 acre exception fully
described in Book 292 at Page 321 Garfield County recorded; thence South 76°56'19" East a
distance of 717.50 feet to a point on the East line of the SW1/4SW11/4 said Section 20; thence
South 00°32'55" East and along said East line of said SW1/4SW1/4 a distance of 422.27 feet to
the West 1/16 Corner common to said Sections 20 and 29; thence North 89°15'22" East and
along the North line of the NE1/4NW1/4 said Section 29 a distance of 1303.13 feet to the
Quarter Corner common to Sections 20 and 29; thence South 01°39'20" East and along East line
of said NE1/4NW1/4 Section 29 a distance of 1320.79 feet to the North 1/16 Corner on the N/S
centerline of said Section 29; thence South 89°20'42: West and along the South line of said
NE1/4NW1/4 Section 29, a distance of 1307.92 feet to the Northwest 1/16 Corner of said
Section 29; thence South 89°20'42" West and along the South line of the NW1/4NW1/4 of said
Section 29 a distance of 1307.93 feet to the North 1/16 Corner common to said Sections 29 and
30; thence South 89°26'34" West and along the South line of the said NE1/4NE1/4 Section 30 a
distance of 1316.36 feet to the Northeast 1/16 Corner of said Section 30: thence North
01°06'43" West and along the West line of said NE1/4NE1/4 Section 30 a distance of 958.39 feet
to the Point of Beginning.
EXCEPTING THEREFROM that parcel conveyed in instrument recorded September 12,
2000 in Book 1207 at Page 196.
Also described as:
Lot 4
Johnson Taughenbaugh Mesa Exemption
According to the plat thereof recorded March 21, 2000 as Reception No. 560802.
EXCEPTING THEREFROM that parcel conveyed in instrument recorded September 12,
2000 in Book 1207 at Page 196.
Commonwealth Title Company of Garfield County, Inc.
127 East 5th Street
Rifle, Colorado 81650
Telephone: (970) 625-3300
Facsimile: (970) 625-3305
Page 2 May 23, 2019
As appears from the recorded documents in the Garfield County Clerk and Recorder’s Office
we examined for the above described parcel, and subject to reservations, exceptions and conditions
contained in the United States Patent, easements, rights of way, liens, encumbrances, rights of parties
in possession, liens, if any, of mechanics and materialmen, zoning and subdivision regulations, and any
state of facts which an accurate survey would disclose, title to the minerals is vested in the following:
Mineral Rights Owners
Christene M. Johnson, formerly Christene M. Overacker
9320 County Road 320
Rifle, Colorado 81650
Michael Wade Johnson
9618 County Road 320
Rifle, Colorado 81650
Although we deem this information to be reliable, is not to be construed as an abstract of title,
nor an opinion of title, nor a guaranty of title, and the Companies’ liability is limited to the amount paid
for the mineral examination. The effective date of this mineral title analysis is May 15, 2019.
If you have any questions regarding this analysis, please contact me.
Sincerely,
Patrick P. Burwell
Patrick P. Burwell
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: July 30, 2019
File No. 1907080
Property Address. 9618 County Road 320, Rifle
Tax Information
Michael Johnson and Xiomy Jacquelyn Johnson
Email:
Closing Contacts
Glenwood Springs office - 970-945-4444
Linda Gabossi - linda@cwtrifle.com
Connie Rose Robertson - connie@cwtrifle.com
Rifle office - 970-625-3300
Denna Conwell - denna@cwtrifle.com
Patti Reich - patti@cwtrifle.com
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No. 1907080
1. Effective Date: July 19, 2019 at 7:59 AM
2. Policy or Policies to be issued:
(a) ALTA OWNER POLICY (ALTA 6-17-06) N/A
Proposed Insured:
A Purchaser To Be Determined
(b) ALTA LOAN POLICY (ALTA 6-17-06)
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:
Michael Johnson and Xiomy Jacquelyn Johnson
4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and
described as follows:
A tract of land situated in Section 20, Township 6 South, Range 93 West of the 6th P.M. in Garfield County,
Colorado and being more particularly described as follows:
Beginning at a point on the Southerly right-of-way line of County Road No. 320, from which the corner
common to Sections 19, 20, 29 and 30 in said Township and Range bears South 32°13'38" West a distance of
924.30 feet; said point of Beginning being also the Northeast Corner of that 2 acre exception fully described
in Book 292 at Page 321 Garfield County records: thence North 58°13'56" East and along said Southerly
right-of-way line a distance of 635.20 feet; thence North 58°39'59" East and continuing along said Southerly
right-of-way line a distance of 302.18 feet to a point on the East line of the SW¼SW¼ of said Section 20;
thence South 00°32'55" East and along said East line a distance of 834.30 feet; thence North 76°56'19" West
a distance of 717.50 feet to the Southeast Corner of said 2 acre exception; thence North 30°42'06" West and
along the Easterly line of said 2 acre exception a distance of 209.98 feet more or less to the Point of
Beginning.
Also known as
Lot 3
Johnson Taughenbaugh Mesa Exemption
According to the plat thereof recorded March 21, 2000 as Reception No. 560802.
TITLE CHARGES
Informational Commitment $167.00
COUNTERSIGNED: ___________________Patrick P. Burwell_____________________________
Authorized Officer or Agent
Valid Only if Schedule B and Cover Are Attached
American Land Title Association Issuing Agent:
Schedule A Commonwealth Title Company of Garfield County, Inc.
(Rev'd 6-06) 127 East 5th Street Rifle, CO 81650
File No. 1907080
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. 1907080
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 May 15, 1903 in Book 56 at Page 477.
10. Reservation of one-half of all mineral and mineral rights in or underlying said lands with the right of ingress and egress to prospect for,
mine and remove said minerals as reserved by T.E. McClintock in deed recorded October 11, 1944 in Book 214 at Page 295, and any
interests therein or assignments thereof.
11. Right of way for the Taughenbaugh Ditch, its enlargements and laterals insofar as it may affect subject property.
12. Terms and conditions of Oil and Gas Lease by and between David M. Johnson and Anna R. Johnson and Petrogulf Corporation as
described in instrument recorded May 14, 2001 in Book 1252 at Page 513.
13. Easements, rights of way and other matters disclosed on the Johnson Taughenbaugh Mesa Exemption plat recorded March 21, 2000 as
Reception No. 560802.
14. Easement granted to Laramie Energy II, LLC as evidenced by amended surface use and easement agreement by and between Christine M.
Overacker and David M. Johnson and Anna R. Johnson and Laramie Energy II, LLC recorded September 18, 2007 as Reception No.
733351.
15. Pipeline right-of-way easement granted to Laramie Energy II, LLC as described in document recorded October 30, 2007 as Reception No.
736359.
16. Terms and Conditions of Surface Use Agreement recorded April 6, 2006 in Book 1787 at Page 372.
17. Right-of-way Easement granted to Holy Cross Energy in instrument recorded December 31, 2007 as Reception No. 740328.
18. 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: May 21, 2019
File No. 1905068
Property Address. 55 County Road 317, Rifle
Tax Information
Listing Agent
Integrated Mountain Properties
1001 Grand Avenue
GLENWOOD SPRINGS, CO 81601
Attn: Misty Briscoe Garcia
Email: mistybgarcia@yahoo.com
Seller Buyer
Anna R. Johnson
Email:
A Purchaser To Be Determined
Closing Contacts
Glenwood Springs office - 970-945-4444
Linda Gabossi - linda@cwtrifle.com
Connie Rose Robertson - connie@cwtrifle.com
Rifle office - 970-625-3300
Denna Conwell - denna@cwtrifle.com
Patti Reich - patti@cwtrifle.com
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No. 1905068
1. Effective Date: May 15, 2019 at 7:59 AM
2. Policy or Policies to be issued:
(a) ALTA OWNER POLICY (ALTA 6-17-06) N/A
Proposed Insured:
A Purchaser To Be Determined
(b) ALTA LOAN POLICY (ALTA 6-17-06)
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:
Anna R. Johnson
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. Burwell_____________________________
Authorized Officer or Agent
Valid Only if Schedule B and Cover Are Attached
American Land Title Association Issuing Agent:
Schedule A Commonwealth Title Company of Garfield County, Inc.
(Rev'd 6-06) 127 East 5th Street Rifle, CO 81650
File No. 1905068
EXHIBIT "A"
A tract of land situated in Sections 19, 20, 29 and 30, Township 6 South, Range 93 West of the 6th P.M. in Garfield
County, Colorado, and being more particularly described as follows:
Beginning at a point where the Easterly right-of-way line of County Road 317, and the West line of the NE1/4NE1/4 of
said Section 30 intersect, and from which the Section Corner common to Sections 19, 20, 29 and 30 in said Township and
Range bears North 74°08'56" East a distance of 1357.92 feet; thence North 54°16'34" East and along said Easterly
right-of-way line a distance of 432.60 feet; thence North 47°13'34” East and continuing along said Easterly right-way line
a distance of 143.63 feet to a point on the Southerly right-of-way line of County Road No. 320; thence North 59°00'07"
East and along said Southerly right-of-way line a distance of 544.14 feet; thence South 30°59'53" East a distance of
392.04 feet; thence 59°00'07" East a distance of 300.00 feet; thence North 62°43'27" East a distance of 492.58 feet;
thence North 16°11'49" East a distance of 310.00 feet to the Southwest Corner of a 2 acre exception fully described in
Book 292 at Page 321 Garfield County recorded; thence South 76°56'19" East a distance of 717.50 feet to a point on the
East line of the SW1/4SW11/4 said Section 20; thence South 00°32'55" East and along said East line of said
SW1/4SW1/4 a distance of 422.27 feet to the West 1/16 Corner common to said Sections 20 and 29; thence North
89°15'22" East and along the North line of the NE1/4NW1/4 said Section 29 a distance of 1303.13 feet to the Quarter
Corner common to Sections 20 and 29; thence South 01°39'20" East and along East line of said NE1/4NW1/4 Section 29
a distance of 1320.79 feet to the North 1/16 Corner on the N/S centerline of said Section 29; thence South 89°20'42: West
and along the South line of said NE1/4NW1/4 Section 29, a distance of 1307.92 feet to the Northwest 1/16 Corner of said
Section 29; thence South 89°20'42" West and along the South line of the NW1/4NW1/4 of said Section 29 a distance of
1307.93 feet to the North 1/16 Corner common to said Sections 29 and 30; thence South 89°26'34" West and along the
South line of the said NE1/4NE1/4 Section 30 a distance of 1316.36 feet to the Northeast 1/16 Corner of said Section 30:
thence North 01°06'43" West and along the West line of said NE1/4NE1/4 Section 30 a distance of 958.39 feet to the
Point of Beginning.
EXCEPTING THEREFROM that parcel conveyed in instrument recorded September 12, 2000 in Book 1207 at Page 196.
Also described as:
Lot 4
Johnson Taughenbaugh Mesa Exemption
According to the plat thereof recorded March 21, 2000 as Reception No. 560802.
EXCEPTING THEREFROM that parcel conveyed in instrument recorded September 12, 2000 in Book 1207 at Page 196.
File No. 1905068
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. 1905068
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.
Note: This exception will be deleted on the final policy upon compliance with the requirements herein.
2. Easements, or claims of easements, not shown by the public records.
Note: This exception will be deleted on the final policy upon compliance with the requirements herein.
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.
Note: This exception will be deleted on the final policy upon compliance with the requirements herein.
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.
Note: Exception No. 4 will be deleted upon receipt of Final Affidavits and Agreements indemnifying the Company against unfiled
mechanic's and materialmen's liens.
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.
Note: Exception 5 will be deleted on the final policy if Commonwealth Title Company of Garfield County, Inc. closes the proposed
transaction and records the applicable instruments of conveyance.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
Note: Exception 6 will read: "General taxes and assessments for the year 2019 and thereafter, not yet due and payable." on the
final policy if Commonwealth Title Company of Garfield County, Inc. closes the proposed transaction.
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 way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded March 8,
1913 in Book 92 at Page 262.
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 May 15, 1903 in Book 56 at Page 477.
11. Reservation of one-half of all mineral and mineral rights in or underlying said lands with the right of ingress and egress to prospect for,
mine and remove said minerals as reserved by T.E. McClintock in deed recorded October 11, 1944 in Book 214 at Page 295, and any
interests therein or assignments thereof.
12. Right of way for the Taughenbaugh Ditch, its enlargements and laterals insofar as it may affect subject property.
13. Terms and conditions of Oil and Gas Lease by and between David M. Johnson and Anna R. Johnson and Petrogulf Corporation as
described in instrument recorded May 14, 2001 in Book 1252 at Page 513.
14. Easements, rights of way and other matters disclosed on the Johnson Taughenbaugh Mesa Exemption plat recorded March 21, 2000 as
Reception No. 560802.
15. Easement granted to Laramie Energy II, LLC as evidenced by amended surface use and easement agreement by and between Christine M.
Overacker and David M. Johnson and Anna R. Johnson and Laramie Energy II, LLC recorded September 18, 2007 as Reception No.
733351.
16. Pipeline right-of-way easement granted to Laramie Energy II, LLC as described in document recorded October 30, 2007 as Reception No.
736359.
(Continued)
File No. 1905068
SCHEDULE B - SECTION 2
(Continued)
17. Right of way Easement granted to Holy Cross Energy in instrument recorded December 31, 2007 as Reception No. 740328.
18. Conveyance of Twenty Five percent (25%) of all oil, gas and other minerals as described in Mineral Deed to Christene M. Johnson
recorded November 10, 2008 as Reception No. 758431, and any and all assignments thereof or interests therein.
19. Conveyance of Twenty Five percent (25%) of all oil, gas and other minerals as described in Mineral Deed to Michael Wade Johnson
recorded November 10, 2008 as Reception No. 758432, and any and all assignments thereof or interests therein.
20. Right of way Easement granted to Holy Cross Energy in instrument recorded August 25, 1998 in Book 1085 at Page 390.
21. Terms and conditions of Water Well Agreement recorded August 8, 1979 as Reception No. 296329.
22. Easement contained in Warranty Deed recorded October 20, 1999 in Book 1156 at Page 289.
23. Garfield County Resolution No. 2000-23 recorded March 21, 2000 in Book 1177 at Page 843 and Resolution No. 2000-33 recorded May
2, 2000 in Book 1185 at Page 280.
24. Non-exclusive Easement and right-of-way contained in instrument recorded May 1, 2001 in Book 1250 at Page 1.
25. Terms and conditions of Easement Deed and Road Maintenance Agreement recorded September 28, 2001 in Book 1290 at Page 588, and
Replacement Easement and Road Maintenance Agreement recorded April 14, 2008 as Reception No. 746413.
26. Terms and conditions of Memorandum of Surface Use and Easement Agreement recorded April 6, 2006 in Book 1787 at Page 372.
27. Easements Rights of way and all other matters shown on the Johnson Taughenbaugh Mesa Exemption Plat recorded March 21, 2000 as
Reception No. 560802.
28. 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: July 8, 2019
File No. 1906088
Property Address. 59 County Road 317, Rifle
Tax Information
Listing Agent
Integrated Mountain Properties
1001 Grand Avenue
GLENWOOD SPRINGS, CO 81601
Attn: Misty Briscoe Garcia
Email: mistybgarcia@yahoo.com
Seller Buyer
Richard A. Sheets
Email:
A Purchaser To Be Determined
Closing Contacts
Glenwood Springs office - 970-945-4444
Linda Gabossi - linda@cwtrifle.com
Connie Rose Robertson - connie@cwtrifle.com
Rifle office - 970-625-3300
Denna Conwell - denna@cwtrifle.com
Patti Reich - patti@cwtrifle.com
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No. 1906088
1. Effective Date: July 1, 2019 at 7:59 AM
2. Policy or Policies to be issued:
(a) ALTA OWNER POLICY (ALTA 6-17-06) N/A
Proposed Insured:
A Purchaser To Be Determined
(b) ALTA LOAN POLICY (ALTA 6-17-06)
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:
Richard A. Sheets
4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and
described as follows:
NW¼NW¼ of Section 29, Township 6 South, Range 93 West of the 6th P.M.
TITLE CHARGES
Informational Commitment $167.00
COUNTERSIGNED: ___________________Patrick P. Burwell_____________________________
Authorized Officer or Agent
Valid Only if Schedule B and Cover Are Attached
American Land Title Association Issuing Agent:
Schedule A Commonwealth Title Company of Garfield County, Inc.
(Rev'd 6-06) 127 East 5th Street Rifle, CO 81650
File No. 1906088
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. Release of record by the Public Trustee of the Deed of Trust from Richard A. Sheets for the use of SGB Corporation DBA
WestAmerica Mortgage Company, showing an original amount of $432,295.00, dated October 31, 2008 and recorded November
5, 2008 as Reception No. 758241. Note: By instrument recorded June 26, 2013, as Reception No. 837199, said Deed of Trust
was assigned to JPMorgan Chase Bank National Association and modified October 10, 2014 as Reception No. 854633.
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. 1906088
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 way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded March 8,
1913 in Book 92 at Page 262.
10. Reservation of one-half of all mineral rights by T.E. McClintock in Warranty Deed recorded October 11, 1944 in Book 214 at Page 295
and any and all assignments thereof or interests therein.
11. Easement granted to Public Service Company of Colorado as Described in instrument recorded November 3, 1959 in Book 321 at Page
318.
12. Right -of-way easement granted to Holy Cross Energy as described in instrument recorded August 25, 1998 in Book 1085 at Page 390.
13. Reservation of all oil, gas and other minerals and mineral rights by David M. Johnson and Anna R. Johnson in Quit Claim Deed recorded
September 12, 2000 in Book 1207 at Page 196 and in Quit Claim Deed recorded May 1, 2001 in Book 1250 at Page 1 and any and all
assignments thereof or interests therein.
14. Non-exclusive easement and right of way for ingress, egress, access, roadway and utility reserved in Quit Claim Deed recorded May 1,
2001 in Book 1250 at Page 1.
15. Terms and conditions set forth in Surface Use and Easement Agreement as evidenced by Memorandum recorded April 6, 2006 in Book
1787 at Page 374 as amended in instrument recorded September 18, 2007 as Reception No. 733351.
16. Pipeline right-of-way and easement granted to Laramie Energy II, LLC as described in instrument recorded October 30, 2007 as Reception
No. 736361.
17. Easement described in Replacement Easement Road Maintenance Agreement recorded April 14, 2008 as Reception No. 746413, and all
terms and conditions set forth therein.
18. 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.
108 Eighth Street, Suite 401
Glenwood Springs, Colorado 81601
(970) 945-8212
June 19, 2019
Michael Johnson
9618 CR 320
Rifle, CO 81650
RE: Completeness Review Final Plat Amended Final Plat (FEXA-05-19-08733)
Dear Mr. Johnson,
Thank you for your application for a Final Plat Amendment to the Johnson Taughenbaugh Mesa
Exemption. Our completeness review included input from the County Attorney’s Office and has identified
several items that need to be addressed or clarified prior to a determination of technical completeness.
The following items are required to be provided in order for the application to be considered complete
and continued to the next review step:
1. All of the property owners with land within the proposed Plat Amendment must be included
in the application. This means that deeds are required for each property owner; application
form needs to be signed, or authorization forms for Michael Johnson to act as representative
must be submitted by each property owner; and title work is required for all properties within
the Plat Amendment.
2. Mineral notice needs to be provided for all properties within the proposed Plat Amendment.
3. If Lot 1 and Lot 2 are not being proposed for amendment, they do not need to be included
within the boundary of the Plat Amendment. If removed from the Plat Amendment those
owners, deeds and title work would not be necessary.
4. The plat title should be revised to reflect the specific lots which are being included within the
Plat Amendment.
Community Development Department
108 Eighth Street, Suite 401
Glenwood Springs, Colorado 81601
(970) 945-8212
5. On the proposed Plat define the original Exemption lot lines and easements which are
proposed to be included in this Plat Amendment. Specify, both graphically and by annotation,
which of these lot lines and easements will be amended and which will remain unchanged.
Remove the quarter quarter section lines from the Plat Amendment.
6. Ensure that all easements defined in the title reports are illustrated on the Plat Amendment.
7. Add all utilized line types to the Plat Amendment legend.
8. Illustrating the location of existing improvements, such as dwelling units and wells, allows us
to determine compliance of the proposed Amendment to zoning requirements, such as
setbacks. There appears to be an additional (second) dwelling unit on existing Lot 4. Please
include the location of these improvements on the Plat Amendment.
9. The original plat notes (1 – 9) specifying additional conditions and limitations for the original
Exemption must be added to the Plat Amendment.
10. Provide a plat note that explains the purpose of the proposed Plat Amendment. The note
should state something similar to the intent that Lot 3 and Lot 4 are being amended to reduce
the size of Lot 4 and exclude a 79 acre portion of Lot 4 from the original boundary of the
Johnson Taughenbaugh Mesa Exemption.
11. The Certificate of Ownership on the Plat Amendment must include all owners of the Plate
Amendment property, including any illegally conveyed property.
12. Confirm that there are no additional lien holders on the included properties. If additional lien
holders exist, they must be included on the Lien Holder Consent certification.
13. The Plat Amendment identifies the proposed Lot 4 has an address of 55 County Rd 317. It also
identifies the address of the NE ¼ NW ¼ 39.549 acre parcel to be excluded from the Plat
Amendment as 55 County Rd 317. Please verify that this is correct.
Additionally, the Community Development staff offers the following list of potential issues which we
suggest you consider when you address the above requirements:
14. The proposed subdivision boundary line would bisect the existing oil and gas pad. An
Amended Surface Use Agreement accepting this bifurcation of surface ownership will be
necessary prior to final approval. Consider adjusting the proposed southern lot line of Lot 3
so that it does not bisect the existing oil & gas well pad.
108 Eighth Street, Suite 401
Glenwood Springs, Colorado 81601
(970) 945-8212
15. Please verify acreages provided on Plat Amendment. Assessors records for lot sizes are not
consistent with the stated acreages on the Plat Amendment.
16. Please verify that the future 39.549 acre parcel within the existing Lot 4 will have legal access
if the proposed Amended Plat is approved.
17. The Community Development staff and Attorney’s Office are exploring the appropriateness
of deeding out the eastern most 39.549 acre parcel, which is currently part of Lot 4, prior to
the replatting.
Once the above topics are addressed and resubmitted, we can finalize our completeness review, move to
the next step in the review process and schedule a date for the Director’s Decision. Please note that the
Garfield County Land Use and Development Code requires that the technical completeness issues be
resolved within 60-days of the date of this letter. If not resolved in that timeframe, the application will be
deemed withdrawn, unless a request for extension is submitted and approved.
Please feel free to call or request a follow-up meeting to address any questions you may have regarding
the above items. You may reach me at the Community Development Department at 970-945-1377.
Sincerely,
Vince Hooper, Planner III
Garfield County Community Development Dept.