HomeMy WebLinkAbout0.4 Proof of OwnershipEXHIBIT 3
Proof of Ownership Documentation
EXHIBIT 3a
Ownership Deeds
11111161t14d:Mi 111, *If 10/11011fillthii iI 111
011116/2007 10: 81 403AM 8.1884 P-0355 Jean Alberto°
1 of 2 Rec Fee:$11.00 Doc Fee.155.50 GARFIELD COUNTY CO
WARRANTY DEED
THIS DEED, made this 15th day of ianuary, 2007, between
Finley Homes, Inc.
of the said County of Pitkin and State of Colorado, Grantor, and
Orchard Creek Ranch, LLC
Rec Fee $11.00
whose legal address is: 950 Greenway Drive, Glenwood Springs CO 81601
of the said County of Garfield and State of Colorado, grantee: Doc Fee S155.50
WITNESS, that the grantor, for and in consideration of the sum of
($10.00 ) Ten dollars and Zero cents, the receipt and sufficiency of which is
hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey
and confirm, unto the grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, 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 "Exhibit A" attached hereto
also known by street and number as: TBD Cty Rd 137, Glenwood Springs, CO 81601
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,
his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant,
hargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these
presents, he is well 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, 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, encumbrances and restrictions of whatever kind or nature soever, except
general taxes for the year 2007 and subsequent years; and those specific exceptions described by reference to recorded documents
as reflected in the Title Documents accepted by Grantee(s) In accordance with Section 8a(Title Review) of the Contract to Buy and
Sell Real Estate relating to the above described property; distribution utility easements (including cable TV). those specifically
described rights of third parties not shown by the public records of which Grantee has actual knowledge and which were accepted by
Grantee(s) in accordance with Section 8b (Matters not shown by the Public Records) and Section 8c (Survey Review) of the Contract
to Buy and Sell Real Estate relating to the above described real property, inclusion of the property within any special tax district;
and, the benefit and burdens of any declaration and party wall agreements, if any,"
The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and
peaceable possession of the grantee, his heirs 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 any gender
shall be applicable to all genders.
IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above.
Finley He e
13y
Katy
Presid
STATE OF Colorado
COUNTY OF Pitkin
The foregoing instrument was acknowledged before me this 15th day of January, 2007, by Kathy F
Finley Homes, Inc.
My commission expires:
!�V
Stewart Title of Colorado - Glenwood Springs ❑ivision File Number: 20060944
No, 921 A - Warranty Deed — To Joint Tenants
ss my hand ande fficial se-1.
Navy Publi:
Page 1 of l
1111 h' Ft«Ot , rVitridliNfilairtCW111 II
Receptionll: 715238
01/1612007 10 18.40 AM 131884 P:0356 Jean Alberico
2 of 2 Rec Fee,$11.00 Doc Fee,155 50 GARFIELD COUNTY CO
EXHIBIT A
LEGAL DESCRIPTION
Order No.: 20060944
A PARCEL OF LAND SITUATED IN THE W'/,SW'/< OF SECTION 25 AND THE W'/NW'/1, OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE
90 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
(ALL BEARINGS CONTAINED HEREIN BEING RELATIVE TO A BEARING OF N 87°16'04" E BETWEEN THE NORTHWEST CORNER
AND THE NORTH ONE QUARTER CORNER OF SECTION 25 OF SAID TOWNSHIP AND RANGE)
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 36;
THENCE S 31°10'54" E 1700.30 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF I-70, A REBAR AND CAP L.S. #I9598 IN
PLACE, THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY OF 1-70 S 89°48'43" W 296.09 FEET;
THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING RADIUS
OF 1081.70 FEET AND A CENTRAL ANGLE OF 03°30'40", A DISTANCE OF 66.29 FEET, (CHORD BEARS S 88°03'23" W 66.28 FEET) TO
AN EXISTING FENCE ANGLE POINT BEING ON THE EASTERLY RIGHT-OF-WAY OF GARFIELD COUNTY ROAD #137;
THENCE ALONG SAID EXISTING FENCE LINE AND EASTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD N 00°14'54" E 163.90 FEET;
THENCE CONTINUING ALONG SAID FENCE LINE AND EASTERLY RIGHT- OF -WAY N 07°55'15" W 78.84 FEET;
THENCE CONTINUING ALONG SAID FENCE LINE AND EASTERLY RIGHT-OF-WAY N 10°56'27" W 123.79 FEET;
THENCE CONTINUING ALONG SAID FENCE LINE AND EASTERLY RIGHT-OF-WAY N 1 1°58'05" W 82.42 FEET;
THENCE CONTINUING ALONG SAID FENCE LINE AND EASTERLY RIGHT-OF-WAY N 13°05'10" W 59.89 FEET;
THENCE CONTINUING ALONG SAID FENCE LINE AND EASTERLY RIGHT-OF-WAY N 10°28'39" W 68.84 FEET;
THENCE CONTINUING ALONG SAID FENCE LINE AND EASTERLY RIGHT-OF-WAY N 09°23'19" E 59.88 FEET;
THENCE CONTINUING ALONG SAID FENCE LINE AND EASTERLY RIGHT-OF-WAY N 12°59'31" E 166.56 FEET;
THENCE CONTINUING ALONG SAID FENCE LINE AND EASTERLY RIGHT-OF-WAY N 22--35'20" E 153.62 FEET;
THENCE CONTINUING ALONG SAID FENCE LINE AND EASTERLY RIGHT-OF-WAY N 24°01'31" E 143.68 FEET;
THENCE CONTINUING ALONG SAID FENCE LINE AND EASTERLY RIGHT-OF-WAY N 26°43'07" E 22.66 FEET;
THENCE LEAVING SAID EXISTING FENCE LINE AND CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY ALONG THE ARC OF
A CURVE TO THE LEFT HAVING A RADIUS OF 677.(15 FEET AND A CENTRAL ANGLE OF 22°25'39", A DISTANCE OF 265.02 FEET,
(CHORD BEARS N 07°26' 12" E 263.33 FEET);
THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY N 03°46'38" W 246.76 FEET;
THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 488.36 FEET, A CENTRAL ANGLE OF 20°54'00", A DISTANCE OF 178.14 FEET (CHORD BEARS N 06°40'22" E 177.16 FEET;
THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY N I7°07'22" E 187.15 FEET;
THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS
OF 638.08 FEET, A CENTRAL ANGLE OF 03°10'14", A DISTANCE OF 35.31 FEET (CHORD BEARS N 15°32'15" E 35.31 FEET);
THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY N 13°57'08" E 76.07 FEET;
THENCE CONTINUING ALONG SAID EASTERLY RIGHT -OF WAY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 431.02 FEET, A CENTRAL ANGLE OF 18°07'44", A DISTANCE OF 136.38 FEET (CHORD BEARS N 23°0I'00" E 135.81 FEET);
THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY N 32°04'52" E 101.80 FEET;
THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS
OF 329.70 FEET, A CENTRAL ANGLE OF 06°28'00", DISTANCE OF 37.21 FEET (CHORD BEARS N 28°50'52" E 37.19 FEET) TO A POINT
ON AN EXISTING FENCE LINE;
THENCE LEAVING SAID RIGHT-OF-WAY AND ALONG SAID EXISTING FENCE AND FENCE LINE EXTENDED S 79°13'10" E 322.17
FEET TO THE CENTERLINE OF CANYON CREEK;
THENCE ALONG SAID CENTERLINE S 09°l8'05" E 1.95 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE S 04°08'06" W 424.03 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE S 23°38'46" W 80.20 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE S 23°3S'42" W 100.44 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE S 18°27'32" W 82.82 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE S 00°58'43" W 50.08 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE S 25°58'48" E 96.95 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE S 35°30'26" E 82.11 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE S 20°49'30" E 92.51 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE S 01°22'52" W 162.17 FEET; THENCE CONTINUING ALONG SAID CENTERLINE S
I4°09'31" W 279.69 FEET; THENCE CONTINUING ALONG SAID CENTERLINE S 08°00'17" E 233.05 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE S 13°19'13" W 123.65 FEET; THENCE LEAVING CENTERLINE OF CANYON
CREEK N 90°00'00" W 140.88 FEET TO A REBAR AND CAP, L.S. 19598, IN PLACE;
THENCE 5 09°09'54" W 180.59 FEET TO AN EXISTING FENCE POST;
THENCE S 09'33'23" E 72.35 FEET TO AN EXISTING FENCE POST
THENCE S 08°00'57" W 117.59 FEET TO AN EXISTING FENCE POST;
THENCE S 21 °37'26' W 134.92 FEET TO THE NORTHERLY RIGHT-OF-WAY OF 1-70, THE TRUE POINT OF BEGINNING.
THE ABOVE PARCEL ALSO KNOWN AS:
PARCEL A, ACCORDING TO THE BROWN EXEMPTION PLAT, RECORDED DECEMBER 10, 1991 AS RECEPTION NO. 429761
COUNTY OF GARFIELD
STATE OF COLORADO
Stewart Title of (:olo ado - (derv, ood Springs Division File Number: 21)001}944
No. 921A - Warranty Deed - To Joint Tenants
Page 2 of 2
IIII Peri WI 11 I!l
Receptionit: 715239
01/16/2007 10:18:41 AM B.1884 P:0357 Jean Atberico
1 of 3 Rec Fee. $16. 00 Doc Fee:0.00 GARFIELD COUNTY CO
QUITCLAIM DEED
THIS DEED, made this 15th day of January, 2007, between
Finley Homes, Inc.
of the County of Pitkin and State of Colorado, Grantor, and
Orchard Creek Ranch, LLC
Rec Fee $16.00
Doc Fee $n/a
whose legal address is: 950 Greenway Drive, Glenwood Springs,
CO 81601 of the County of Garfield and State of Colorado, grantee:
WITNESS, that the grantor, for and in consideration of the sum of
($10.00) Ten Dollars & 00/100, the receipt and sufficiency of which
is hereby acknowledged, has remised, released, sold, conveyed, and QUIT CLAIMED, and by these presents do
remise, release, sell, convey and Quit Claim, unto the grantee, his heirs, successors and assigns, forever, all the
right title, interest, claim and demand which the grantor has in and to 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 "Exhibit A" attached hereto
also known by street and number as: TBD Cty Rd 137, Glenwood Springs, CO 81601
The following as referenced in Quit Claim Deed, Assignment and Agreement recorded in the office of the Clerk
and Recorder of Garfield County, Colorado as Reception No. 456260 in Book 885 at Page 166.
1. 1.20 Cubic feet per second in the Ming Chenoweth and Wolverton Ditch, Priority No. 53B, as
historically used in connection with the real property described above.
2. Water Well Application No. 041100F.
3. Water Well Application No. 040282F.
4. Water Well Application No. 041103F.
5. Water Well Agreement recorded in the office of the Clerk and Recorder of Garfield County, Colorado as
Reception No. 429831 in Book 819 at Page 70.
All of the above enumerated items arc conveyed with all appurtenances and improvements thereto.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto
belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of
the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantee, his heirs and assigns
forever. The singular number shall include the plural, the plural and the singular, and the use of any gender shall
be applicable to all genders.
IN WITNESS WHEREO , the grantor has executed this deed on the date set forth above.
Finl- H
STATE OF Colorado
) ss.
COUNTY OF Pitkin
The foregoing instrument was acknowledged before me this l5th day of January, 2007, by Kathy Finley as
President of Finley Homes, -I Inc.
My commission expires Sl Ix, tr.?. ' Wit#fess my hand an fficial seal.
Req,trp to:1O chard Creek Ranch, LLC
Stewart Mlle of Colorado -Glenwood Springs Division File Number. 1 Z001,0944
No. 933 Quitclaim need
oky Cow Eq>Ves 91112008
Page l oft
5
1III1:iil MAIM Iw1 •I III
Reception#: 715239
01/16/2007 10.18:41 AM B:1884 P.0358 Jean Alberico
2 of 3 Rec Fee:$16.00 Doc Fee-0. 00 GARFIELD COUNTY CO
EXHIBIT A
LEGAL DESCRIPTION
Order No.: 20060944
A PARCEL OF LAND SITUATED IN THE W%SW'/ OF SECTION 25 AND THE W'ANW'/< OF SECTION 36,
TOWNSHIP 5 SOUTH, RANGE 90 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE
OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
(ALL BEARINGS CONTAINED HEREIN BEING RELATIVE TO A BEARING OF N 87°16'04" E BETWEEN THE
NORTHWEST CORNER AND THE NORTH ONE QUARTER CORNER OF SECTION 25 OF SAID TOWNSHIP AND
RANGE)
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 36;
THENCE S 31°10'54" E 1700.30 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF I-70, A REBAR AND
CAP L.S. # 19598 IN PLACE, THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY OF 1-70 S 89°48'43" W 296.09 FEET;
THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE
LEFT HAVING RADIUS OF 1081.70 FEET AND A CENTRAL ANGLE OF 03°30'40", A DISTANCE OF 66.29 FEET,
(CHORD BEARS S 88°03'23" W 66.28 FEET) TO AN EXISTING FENCE ANGLE POINT BEING ON THE EASTERLY
RIGHT-OF-WAY OF GARFIELD COUNTY ROAD #137;
THENCE ALONG SAID EXISTING FENCE LINE AND EASTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD N
00°14'54" E 163.90 FEET;
THENCE CONTINUING ALONG SAID FENCE LINE AND EASTERLY RIGHT- OF -WAY N 07°55'15" W 78.84 FEET;
THENCE CONTINUING ALONG SAID FENCE LINE AND EASTERLY RIGHT-OF-WAY N 10°56'27" W 123.79
FEET;
THENCE CONTINUING ALONG SAID FENCE LINE AND EASTERLY RIGHT-OF-WAY N 11°58'05" W 82.42 FEET;
THENCE CONTINUING ALONG SAID FENCE LINE AND EASTERLY RIGHT-OF-WAY N 13°05'10" W 59.89 FEET;
THENCE CONTINUING ALONG SAID FENCE LINE AND EASTERLY RIGHT-OF-WAY N 10°28'39" W 68.84 FEET;
THENCE CONTINUING ALONG SAID FENCE LINE AND EASTERLY RIGHT-OF-WAY N 09°23'19" E 59.88 FEET;
THENCE CONTINUING ALONG SAID FENCE LINE AND EASTERLY RIGHT-OF-WAY N 12°59'31" E 166.56 FEET;
THENCE CONTINUING ALONG SAID FENCE LINE AND EASTERLY RIGHT-OF-WAY N 22--35'20" E 153.62 FEET;
THENCE CONTINUING ALONG SAID FENCE LINE AND EASTERLY RIGHT-OF-WAY N 24°01'31" E 143.68 FEET;
THENCE CONTINUING ALONG SAID FENCE LINE AND EASTERLY RIGHT-OF-WAY N 26°43'07" E 22.66 FEET;
THENCE LEAVING SAID EXISTING FENCE LINE AND CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY
ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 677.05 FEET AND A CENTRAL ANGLE OF
22°25'39", A DISTANCE OF 265.02 FEET, (CHORD BEARS N 07°26'12" E 263.33 FEET);
THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY N 03°46'38" W 246.76 FEET;
THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE
RIGHT HAVING A RADIUS OF 488.36 FEET, A CENTRAL ANGLE OF 20°54'00", A DISTANCE OF 178.14 FEET
(CHORD BEARS N 06°40'22" E 177.16 FEET;
THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY N 17°07'22" E 187.15 FEET;
THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE
LEFT HAVING A RADIUS OF 638.08 FEET, A CENTRAL ANGLE OF 03°10'14", A DISTANCE OF 35.31 FEET
(CHORD BEARS N 15°32'15" E 35.31 FEET);
THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY N 13°57'08" E 76.07 FEET;
THENCE CONTINUING ALONG SAID EASTERLY RIGHT -OF WAY ALONG THE ARC OF A CURVE TO THE
RIGHT HAVING A RADIUS OF 431.02 FEET, A CENTRAL ANGLE OF 18°07'44", A DISTANCE OF 136.38 FEET
(CHORD BEARS N 23°01'00" E 135.81 FEET);
THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY N 32°04'52" E 101.80 FEET;
THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE
LEFT HAVING A RADIUS OF 329.70 FEET, A CENTRAL ANGLE OF 06°28'00", DISTANCE OF 37.21 FEET
(CHORD BEARS N 28°50'52" E 37.19 FEET) TO A POINT ON AN EXISTING FENCE LINE;
THENCE LEAVING SAID RIGHT-OF-WAY AND ALONG SAID EXISTING FENCE AND FENCE LINE EXTENDED
S 79°13'10" E 322.17 FEET TO THE CENTERLINE OF CANYON CREEK;
THENCE ALONG SAID CENTERLINE S 09°18'05" E 1.95 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE S 04°08'06" W 424.03 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE S 23°38'46" W 80.20 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE S 23'38'42" W 100.44 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE S 18°27'32" W 82.82 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE S 00°58'43" W 50.08 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE S 25°58'48" E 96.95 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE S 35°39'26" E 82.11 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE S 20°49'30" E 92.51 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE S 01 °22'52" W 162.17 FEET; THENCE CONTINUING ALONG
SAID CENTERLINE S 14°09'31" W 279.69 FEET; THENCE CONTINUING ALONG SAID CENTERLINE S 08°00'17" E
233.05 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE S 13°19'13" W 123.65 FEET; THENCE LEAVING
CENTERLINE OF CANYON CREEK N 90°00'00" W 140.88 FEET TO A REBAR AND CAP, L.S. 19598, IN PLACE;
Stewart Title of Colorado - Glenwood Springs Division File Number: 1 20060944
No, 933 Quitclaim Deed
Page 2 of 2
1111 14141 PAM M'+.IkI I1.11.1 I'1'#1tilr11l3+r,M''iil 11111
Receptionti: 715239
01/16/2007 10:18:41 PM E,1884 P.0359 Jean giber -ice
3 of 3 Rec Fee:$16,00 Doc Fee 0.00 GARFIELD COUNTY GO
THENCE 5 09°09'54" W 180.59 FEET TO AN EXISTING FENCE POST;
THENCE S 09°33'23" E 72.35 FEET TO AN EXISTING FENCE POST
THENCE S 08°00'57" W 117.59 FEET TO AN EXISTING FENCE POST;
THENCE S 21°37'26' W 134.92 FEET TO THE NORTHERLY RIGHT-OF-WAY OF 1-70, THE TRUE POINT OF
BEGINNING.
THE ABOVE PARCEL ALSO KNOWN AS:
PARCEL A, ACCORDING TO THE BROWN EXEMPTION PLAT, RECORDED DECEMBER 10, 1991 AS RECEPTION
NO. 429761
COUNTY OF GARFIELD
STATE OF COLORADO
Stewart Title of Colorado - (,Icnwood Springs L)iviiion File Number: 120060944
No. 933 Quitclaim Deed
Page 3of3
EXHIBIT 3b
Title Commitment
TITLE CO V4 PANY
of the rockies
1620 Grand Avenue
Bldg Man Floor 1
Glenwood Springs, CO 81601
Phone: 970-945-1169 Fax: 844-269-2759
www.titlecorockies.com
Commitment Ordered By:
Joanne Cornell
Orchard Creek Ranch LLC
726 CR 137
Glenwood Springs, CO 81601
Phone: 970-945-2224 Fax:
email: ocreekrjc@gmail.com
Inquiries should be directed to:
Mary Scheurich
Title Company of the Rockies
1620 Grand Avenue
Bldg Main Floor 1
Glenwood Springs, CO 81601
Phone: 970-945-1169 Fax: 844-269-2759
Commitment Number:
Buyer's Name(s):
Seller's Name(s):
Property:
0602179-C
Purchaser with contractual rights under a purchaser agreement with the vested owner identified
at Item 4 below
Orchard Creek Ranch LLC
156 137 County RD, New Castle, CO 81647
Township: 5 Range: 90, Sec. 25, County of Garfield, State of Colorado.
TITLE CHARGES
These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums
for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges
related thereto.
If applicable, the designation of "Buyer" and "Seller" shown below may be based on traditional settlement practices in Garfield County,
Colorado, and/or certain terms of any contract, or other information provided with the Application for Title Insurance.
Owner's Policy Premium:
Loan Policy Premium:
Additional Lender Charge(s):
Additional Other Charge(s):
Tax Certificate:
Total Endorsement Charge(s):
TBD Charge(s):
$0.00
$0.00
Additional Search Time $125.00
$25.00
$250.00
TOTAL CHARGES: $400.00
Service Beyond Expectation in Colorado for: Eagle, Garfield, Grand, Pitkin and Summit Counties. (Limited Coverage: Jackson, Lake, Park and Routt Counties)
Locations I n: Avon/Beaver Creek, Basalt, Breckenridge, Grand Lake and Winter Park. (Closing Services available in Aspen and Glenwood Springs).
WESTCOR
LANO TIFLE INSURANCE COMPANY
ALTA Commitment For Title Insurance
(Adopted 06-17-06) (Revised 08-01-2016)
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
WESTCOR LAND TITLE INSURANCE COMPANY
NOTICE
IMPORTANT -READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE
TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY
INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN
CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE,
LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE.
THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE,
INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE
PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO
EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A
PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND
PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION
INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I -Requirements; Schedule B, Part II -Exceptions; and the Commitment
Conditions, WESTCOR LAND TITLE INSURANCE COMPANY, a South Carolina Corporation (the
"Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This
Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule
A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy
Amount and the name of the Proposed Insured.
If all of the Schedule B, Part I -Requirements have not been met within six (6) months after the Commitment Date,
this Commitment terminates and the Company's liability and obligation end.
IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate
name and seal to be hereunto affixed and by these presents to be signed in facsimile under authority of its
by-laws, effective as of the date of Commitment shown in Schedule A.
Issued By:
TITLE COMPANY
of the rockies
The Title Company of the Rockies
1620 Grand Avenue Bldg Main, Floor 1
Glenwood Springs, CO 81601
Phone: 970-945-1169
WESTCOR LAND TITLE INSURANCE COMPANY
44l;; /V4 / a i ' A v V' Y i
= EA (reside p t
:�i0 7993 2�=
Yt A?��`'•
��s3",„ „_ Attest:
Secret
CM-2 (ALTA Commitment for Title Insurance (6-17-06) (WLTIC Edition (9/26/07)
CONDITIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other
security instrument.
2. If the proposed Insured has or acquired actual knowledge of any defect, lien,
encumbrance, adverse claim or other matter affecting the estate or interest or
mortgage thereon covered by this Commitment other than those shown in Schedule B
hereof, and shall fail to disclose such knowledge to the Company in writing, the
Company shall be relieved from liability for any loss or damage resulting from any
act of reliance hereon to the extent the Company is prejudiced by failure to so
disclose such knowledge. If the proposed Insured shall disclose such knowledge to
the Company, or if the Company otherwise acquires actual knowledge of any such
defect, lien, encumbrance, adverse claim or other matter, the Company at its option
may amend Schedule B of this Commitment accordingly, but such amendment shall
not relieve the Company from liability previously incurred pursuant to paragraph 3
of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named
proposed Insured and such parties included under the definition of Insured in the
form of policy or policies committed for and only for actual loss incurred in reliance
hereon in undertaking in good faith (a) to comply with the requirements hereof, or
(b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate
or interest or mortgage thereon covered by this Commitment. In no event shall such
liability exceed the amount stated in Schedule A for the policy or policies committed
for and such liability is subject to the insuring provisions and Conditions and
Stipulations and the Exclusions from Coverage of the form of policy or policies
committed for in favor of the proposed Insured which are hereby incorporated by
reference and are made a part of this Commitment except as expressly modified
herein.
4. This Commitment is a contract to issue one or more title insurance policies and is not
an abstract of title or a report of the condition of title. Any action or actions or rights
of action that the proposed Insured may have or may bring against the Company
arising out of the status of the title to the estate or interest or the status of the
mortgage thereon covered by this Commitment must be based on and are subject to
the provisions of this Commitment.
5. The policy to be issued contains an arbitration clause. All arbitrable matters when
the Amount of Insurance is $2, 000, 000 or less shall be arbitrated at the option of
either the Company or the Insured as the exclusive remedy of the parties. You may
review a copy of the arbitration rules at< http://www.alta.org/>.
Westcor Land Title Insurance Company
Joint Notice of Privacy Policy
of
Westcor Land Title Insurance Company
and
The Title Company of the Rockies
Westcor Land Title Insurance Company ("WLTIC") and The Title Company of the Rockies value their customers and are
committed to protecting the privacy of personal information. In keeping with that philosophy, we each have developed a Privacy
Policy, set out below, that will endure the continued protection of your nonpublic personal information and inform you about the
measures WLTIC and The Title Company of the Rockies take to safeguard that information. This notice is issued jointly as a
means of paperwork reduction and is not intended to create a joint privacy policy. Each company's privacy policy is separately
instituted, executed, and maintained.
Who is Covered
We provide our Privacy Policy to each customer when they purchase a WLTIC title insurance policy. Generally, this means that
the Privacy Policy is provided to the customer at the closing of the real estate transaction.
Information Collected
In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic personal
information directly from the customer, from customer -related transactions, or from third parties such as our title insurance agent,
lenders, appraisers, surveyors and other similar entities.
Access to Information
Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform their
jobs. These employees include, but are not limited to, those in departments such as closing, legal, underwriting, claims and
administration and accounting.
Information Sharing
Generally, neither WLTIC nor The Title Company of the Rockies shares nonpublic personal information that it collects with
anyone other than those individuals necessary needed to complete the real estate settlement services and issue its title insurance
policy as requested by the consumer. WLTIC or The Title Company of the Rockies may share nonpublic personal information
as permitted by law with entities with whom WLTIC or The Title Company of the Rockies has a joint marketing agreement.
Entities with whom WLTIC or The Title Company of the Rockies have a joint marketing agreement have agreed to protect the
privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as WLTIC and
The Title Company of the Rockies use to protect this information and to use the information for lawful purposes. WLTIC or
The Title Company of the Rockies , however, may share information as required by law in response to a subpoena, to a
government regulatory agency or to prevent fraud.
Information Security
WLTIC and The Title Company of the Rockies, at all times, strive to maintain the confidentiality and integrity of the personal
information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical,
electronic and procedural safeguards in compliance with federal standards to protect that information.
The WLTIC Privacy Policy can be found on WLTIC's website at www.wltic.com
COMMITMENT FOR TITLE INSURANCE
Issued by
TITLE COMPANY
of the rockies
as agent for
Westcor Land Title Insurance Company
SCHEDULE A
Reference: Commitment Number: 0602179-C
1. Effective Date: August 21, 2019, 7:00 am
2. Policy (or Policies) to be issued:
ALTA Owner's Policy (6-17-06)
Policy Amount:
Premium:
Issue Date: September 04, 2019
Amount to be Determined
Amount to be Determined
Proposed Insured: Purchaser with contractual rights under a purchaser agreement with the vested
owner identified at Item 4 below
3. The estate or interest in the land described or referred to in this Commitment is Fee Simple.
4. The Title is, at the Commitment Date, vested in:
Orchard Creek Ranch LLC
5. The land referred to in this Commitment is described as follows:
FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE
By:
Countersigned
The Title Company of the Rockies
/1/4:e_) ziar
Mike Mulligan
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8,
Part I -Requirements; and Schedule 8, Part II -Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule A
AN 1RM AN
I+wb TIT L
Page 1
Commitment No: 0602179-C
SCHEDULE A (continued)
LEGAL DESCRIPTION
The Land referred to herein is located in the County of Garfield, State of Colorado, and described as follows:
A PARCEL OF LAND SITUATED IN THE W1/2 W1/4 OF SECTION 25 AND THE W1/2 NW1/4 OF SECTION
36, TOWNSHIP 5 SOUTH, RANGE 90 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
(ALL BEARINGS CONTAINED HEREIN BEING RELATIVE TO A BEARING OF N 87°16'04" E BETWEEN
THE NORTHWEST CORNER AND THE NORTH ONE QUARTER CORNER OF SECTION 25 OF SAID
TOWNSHIP AND RANGE)
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 36;
THENCE S 31 ° 10'54" E 1700.30 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF 1-70, A
REBAR AND CAP L.S. #19598 IN PLACE, THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY OF 1-70 S 89°48'43" W 296.09 FEET;
THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO
THE LEFT HAVING RADIUS OF 1081.70 FEET AND A CENTRAL ANGLE OF 03°30'40", A DISTANCE OF
66.29 FEET, (CHORD BEARS S 88°03'23" W 66.28 FEET) TO AN EXISTING FENCE ANGLE POINT BEING
ON THE EASTERLY RIGHT-OF-WAY OF GARFIELD COUNTY ROAD #137;
THENCE ALONG SAID EXISTING FENCE LINE AND EASTERLY RIGHT-OF-WAY OF SAID COUNTY
ROAD N 00°14'54" E 163.90 FEET;
THENCE CONTINUING ALONG SAID FENCE LINE AND EASTERLY RIGHT- OF -WAY N 07°55' 15" W
78.84 FEET;
THENCE CONTINUING ALONG SAID FENCE LINE AND EASTERLY RIGHT-OF-WAY N 10°56'27" W
123.79 FEET;
THENCE CONTINUING ALONG SAID FENCE LINE AND EASTERLY RIGHT-OF-WAY N 11°58'05" W
82.42 FEET;
THENCE CONTINUING ALONG SAID FENCE LINE AND EASTERLY RIGHT-OF-WAY N 13°05'10" W
59.89 FEET;
THENCE CONTINUING ALONG SAID FENCE LINE AND EASTERLY RIGHT-OF-WAY N 10°28'39" W
68.84 FEET;
THENCE CONTINUING ALONG SAID FENCE LINE AND EASTERLY RIGHT-OF-WAY N 09°23'19" E 59.88
FEET;
THENCE CONTINUING ALONG SAID FENCE LINE AND EASTERLY RIGHT-OF-WAY N 12°59'31" E
166.56 FEET;
THENCE CONTINUING ALONG SAID FENCE LINE AND EASTERLY RIGHT-OF-WAY N 22-35'20" E
153.62 FEET;
THENCE CONTINUING ALONG SAID FENCE LINE AND EASTERLY RIGHT-OF-WAY N 24°01'31" E
143.68 FEET;
THENCE CONTINUING ALONG SAID FENCE LINE AND EASTERLY RIGHT-OF-WAY N 26°43'07" E 22.66
FEET;
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8,
Part I -Requirements; and Schedule 8, Part II -Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule A
AN 1RM AN
I+wb TIT L
Page 2
Commitment No: 0602179-C
THENCE LEAVING SAID EXISTING FENCE LINE AND CONTINUING ALONG SAID EASTERLY
RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 677.05 FEET AND
A CENTRAL ANGLE OF 22°25'39", A DISTANCE OF 265.02 FEET, (CHORD BEARS N 07°26'12" E 263.33
FEET);
THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY N 03°46'38" W 246.76 FEET;
THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO
THE RIGHT HAVING A RADIUS OF 488.36 FEET, A CENTRAL ANGLE OF 20°54'00", A DISTANCE OF
178.14 FEET, (CHORD BEARS N 06°40'22" E 177.16 FEET);
THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY N 17°0722" E 187.15 FEET;
THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO
THE LEFT HAVING A RADIUS OF 638.08 FEET, A CENTRAL ANGLE OF 03°10'14", A DISTANCE OF 35.31
FEET (CHORD BEARS N 15°32'15" E 35.31 FEET);
THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY N 13°57'08" E 76.07 FEET;
THENCE CONTINUING ALONG SAID EASTERLY RIGHT -OF WAY ALONG THE ARC OF A CURVE TO
THE RIGHT HAVING A RADIUS OF 431.02 FEET, A CENTRAL ANGLE OF 18°07'44", A DISTANCE OF
136.38 FEET (CHORD BEARS N 23°O1'00" E 135.81 FEET);
THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY N 32°04'52" E 101.80 FEET;
THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO
THE LEFT HAVING A RADIUS OF 329.70 FEET, A CENTRAL ANGLE OF 06°28'00", DISTANCE OF 37.21
FEET (CHORD BEARS N 28°50'52" E 37.19 FEET) TO A POINT ON AN EXISTING FENCE LINE;
THENCE LEAVING SAID RIGHT-OF-WAY AND ALONG SAID EXISTING FENCE AND FENCE LINE
EXTENDED S 79°13'10" E 322.17 FEET TO THE CENTERLINE OF CANYON CREEK;
THENCE ALONG SAID CENTERLINE S 09°18'05" E 1.95 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE S 04°08'06" W 424.03 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE S 23°38'46" W 80.20 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE S 23°38'42" W 100.44 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE S 18°27'32" W 82.82 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE S 00°58'43" W 50.08 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE S 25°58'48" E 96.95 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE S 35°39'26" E 82.11 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE S 20°49'30" E 92.51 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE S 01 °22'52" W 162.17 FEET; THENCE CONTINUING
ALONG SAID CENTERLINE S 14°09'31" W 279.69 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE S 08°00'17" E 233.05 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE S 13°19'13" W 123.65 FEET; THENCE LEAVING
CENTERLINE OF CANYON CREEK N 90°00'00" W 140.88 FEET TO A REBAR AND CAP, L.S. 19598, IN
PLACE;
THENCE 5 09°09'54" W 180.59 FEET TO AN EXISTING FENCE POST;
THENCE S 09°33'23" E 72.35 FEET TO AN EXISTING FENCE POST
THENCE S 08°00'57" W 117.59 FEET TO AN EXISTING FENCE POST;
THENCE S 21°37'26" W 134.92 FEET TO THE NORTHERLY RIGHT-OF-WAY OF 1-70, THE TRUE POINT
OF BEGINNING.
THE ABOVE PARCEL ALSO KNOWN AS:
PARCEL A,
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I -Requirements; and Schedule B, Part II -Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule A
AM ! RECAN
Page 3
Commitment No: 0602179-C
BROWN EXEMPTION PLAT, ACCORDING TO THE PLAT THEREOF FILED DECEMBER 10, 1991 AT
RECEPTION NO. 429761
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I -Requirements; and Schedule B, Part II -Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule A
AM ! RECAN
Page 4
Commitment No: 0602179-C
COMMITMENT FOR TITLE INSURANCE
Issued by
Westcor Land Title Insurance Company
SCHEDULE B, PART I
Requirements
The following are the requirements to be complied with prior to the issuance of said policy or policies.
Any other instrument recorded subsequent to the effective date hereof may appear as an exception under
Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the
office of the clerk and recorded of the county in which said property is located.
All of the following Requirements must be met:
1. The Proposed Insured must notify the Company in writing of the name of any party not referred
to in this Commitment who will obtain an interest in the Land or who will make a loan on the
Land. The Company may then make additional Requirements or Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company.
4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be
insured, or both, must be properly authorized, executed, delivered, and recorded in the Public
Records.
5. Resolution or Statement of Authority by Orchard Creek Ranch LLC, a Colorado limited liability
company, authorizing the transaction, executed by the managers or members set forth in the
Operating Agreement.
NOTE: Review Operating Agreement for authority of party(ies) to act on behalf of said limited
liability company and complete the transaction contemplated herein.
NOTE: Please be advised that our search did not disclose any open Deeds of Trust of
record. If you should have knowledge of any outstanding obligation, please contact the Title
Department immediately for further review prior to closing.
6. Deed from Orchard Creek Ranch LLC to Purchaser with contractual rights under a purchaser
agreement with the vested owner identified at Item 4 below.
NOTE: Duly executed real property transfer declaration, executed by either the Grantor or
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8,
Part I -Requirements; and Schedule 8, Part II -Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule B - Part I
AN 1RM AN
I+wb TIT L
a+iVKl.rin..
Page 5
Commitment No: 0602179-C
Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No.
1288-CRA 39-14-102.
THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF
THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GARFIELD
COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR
DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES,
AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY,
AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO
THE COMPANY.
NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND
UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL
BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR
NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES
UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND
SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF
INSURANCE.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I -Requirements; and Schedule B, Part II -Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule B - Part I - continued
AM ! RECAN
Page 6
Commitment No: 0602179-C
SCHEDULE B, PART II
Exceptions
THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION,
OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT
TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR
LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION,
SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR
NATIONAL ORIGIN.
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless
the same are disposed of to the satisfaction of the Company.
Any loss or damage, including attorney fees, by reason of the matters shown below:
1. Any facts, right, interests, or claims which are not shown by the Public Records but which could
be ascertained by an inspection of said Land or by making inquiry of persons in possession
thereof.
2. Easements or claims of easements, not shown by the Public Records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the
Title that would be disclosed by an accurate and complete land survey of the Land.
4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished,
imposed by law and not shown by the Public Records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in
the Public Records or attaching subsequent to the effective date hereof, but prior to the date of
the proposed insured acquires of record for value the estate or interest or mortgage thereon
covered by this Commitment.
6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the Public Records; (b)
proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
7. Right of the Proprietor of a vein or lode to extract and remove his ore therefrom, should the same
be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent
recorded October 17, 1890 in Book 12 at Page 62 and July 6, 1892 in Book 12 at Page 175.
8. Any question, dispute or adverse claims to any loss or gain of land as a result of any change in
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8,
Part I -Requirements; and Schedule 8, Part II -Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule B - Part II
AN 1RM AN
I+wb TIT L
Page 7
Commitment No: 0602179-C
the riverbed location by other than natural causes, or alteration through accretion, reliction,
erosion or evulsion of the center thread, bank, channel or flow of the waters in the Canon Creek
River lying within the subject land; and any question as to the location of such center thread,
bank, bed or channel as a legal description monument or marker for the purposes of describing or
locating subject lands.
NOTE: There are no documents in the land records in the office of the Clerk and
Recorder for Garfield County, Colorado accurately locating past or present locations of
the center thread, bank, bed or channel of the above river or indicating any alterations of
the same as from time to time may have occurred.
9. Any and all water and water rights, reservoir and reservoir rights, ditches and ditch rights, and the
enlargements and extensions thereof, and all laterals, flumes and headgates used in connection
therewith.
10. All right, title, claim, demand or interest which may be asserted by the owners of adjoining
property in and to subject property or by the owners of subject property in and to adjacent
property, based on adverse possession or otherwise, due to or resulting from the failure of the
fences located on subject property and adjacent property to follow established boundary lines.
11. Oil and Gas Lease between Brinkley B. Brown and The Louisiana Land and Exploration
Company, recorded June 24, 1985 in Book 671 at Page 106 and any and all assignments or
interests therein.
12. Easements, rights of way and all other matters as shown on the Plat of Brown Exemption Plat,
filed December 10, 1991 at Reception No. 429761.
13. Easement and right of way for utility line purposes, as granted by Boland Ranch Properties
Associates, LP to Public Service Company of Colorado, by instrument recorded July 9, 1991 at
Reception No. 425192, said easement being more particularly described therein.
14. Terms, agreements, provisions, conditions and obligations as contained in Resolution No. 91-102
recorded December 10, 1991 at Reception No. 429760.
15. Terms, agreements, provisions, conditions and obligations as contained in Water Well Agreement
recorded December 11, 1991 at Reception No. 429831.
16. Terms, agreements, provisions, conditions and obligations as contained in Finding and Order
recorded June 22, 2007 at Reception NO. 726080.
17. Easement and right of way for utility line purposes, as granted by Orchard Creek Ranch, LLC to
Public Service Company of Colorado, by instrument recorded December 19, 2017 at Reception
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I -Requirements; and Schedule B, Part II -Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule B - Part 11- continued
�4N I RPC.'N
«6 TIT Lk
Page 8
Commitment No: 0602179-C
No. 901423, said easement being more particularly described therein.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I -Requirements; and Schedule B, Part II -Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018
Schedule B - Part 11- continued
�4N I RPC.'N
«6 TIT Lk
Page 9
Commitment No: 0602179-C
DISCLOSURE STATEMENTS
Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, requires that
"Every Title entity shall be responsible for all matters which appear of record prior to the time of recording
whenever the Title entity conducts the closing and is responsible for recording or filing of legal documents resulting
from the transaction which was closed." (Gap Protection)
Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Policy to be
issued hereunder upon compliance with the following conditions:
1. The Land described in Schedule A of this commitment must be a single-family residence, which includes a
condominium or townhouse unit.
2. No labor or materials may have been furnished by mechanics or materialmen for purpose of construction on
the Land described in Schedule A of this Commitment within the past 13 months.
3. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's
and materialmen's liens.
4. Any deviation from conditions A though C above is 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.
5. Payment of the premium for said coverage.
Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.:
(i) The subject real property may be located in a special taxing district;
(ii) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the
County Treasurer's authorized agent; and
(iii) Information regarding special districts and the boundaries of such districts may be obtained from the
County Commissioners, the County Clerk and Recorder, or the County Assessor.
Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the
disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident withholding).
Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given:
(a) If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the
surface estate then there is a substantial likelihood that a third party holds some or all interest in oil, gas,
other minerals, or geothermal energy in the property, and
(b) That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
Note 6: Effective September 1, 1997, C.R.S. §30-10-406 requires that all documents received for recording or filing
in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of
at least one-half inch the clerk and recorder may refuse to record or file any document that does not conform.
Note 7: Our Privacy Policy:
We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we
have been authorized by the customer, or are required by law.
Note 8: Records:
Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and records
sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not
less than seven (7) years, except as otherwise permitted by law.
Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that "A title entity shall not earn interest on
fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned.
Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any
administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be
made at any time up to and including closing."
Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional
services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such
Page 10
purpose(s).
Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional
service may exceed any such interest earned.
Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable
(e.g., any money over any administrative fees involved in figuring the amounts earned).
Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that"Until a title entity receives written
instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with
the following:
1. The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a
fiduciary capacity.
2. The title entity shall use any funds designated as "earnest money" for the consummation of the transaction
as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise
provided in this section. If the transaction does not close, the title entity shall:
(a) Release the earnest money funds as directed by written instructions signed by both the buyer and seller;
or
(b) If acceptable written instructions are not received, uncontested funds shall be held by the title entity for
180 days from the scheduled date of closing, after which the title entity shall return said funds to the
payor.
3. In the event of any controversy regarding the funds held by the title entity (notwithstanding any termination
of the contract), the title entity shall not be required to take any action unless and until such controversy is
resolved. At its option and discretion, the title entity may:
(a) Await any proceeding; or
(b) Interplead all parties and deposit such funds into a court of competent jurisdiction, and recover court
costs and reasonable attorney and legal fees; or
(c) Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons
and complaint or claim (between buyer and seller), containing the case number of the lawsuit or
lawsuits, within 120 days of the title entity's written notice delivered to the parties, title entity shall
return the funds to the depositing party."
Page 11
Commitment No: 0602179-C
Title Company of the Rockies
Disclosures
All documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at least
one inch and a left, right and bottom margin of at least one half of an inch. The Clerk and Recorder will refuse to
record or file any document that does not conform to the requirements of this section. Pursuant to C.R.S.
30-10-406(3)(a).
The company will not issue its policy or policies of title insurance contemplated by this commitment until it has been
provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County
Treasurer's authorized agent: or until the Proposed Insured has notified or instructed the company in writing to the
contrary. Pursuant to C.R.S. 10-11-122.
No person or entity that 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 withdrawals as a matter of
right. Pursuant to C.R.S. 38-35-125(2).
The Company hereby notifies the proposed buyer in the current transaction that there may be recorded evidence that
the mineral estate, or portion thereof, has been severed, leased, or otherwise conveyed from the surface estate. If so,
there is a substantial likelihood that a third party holds some or all interest in the oil, gas, other minerals, or
geothermal energy in the subject property. Such mineral estate may include the right to enter and use the property
without the surface owner's permission. Pursuant to C.R.S. 10-11-123.
If this transaction includes a sale of property and the sales price exceeds $100,000.00, the seller must comply with the
disclosure/withholding requirements of said section. (Nonresident withholding) Pursuant to C.R.S. 39-22-604.5.
Notice is hereby given that: The subject property may be located in a special taxing district. A Certificate of Taxes
due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized
agent. Information regarding special districts and the boundaries of such districts may be obtained from the Board of
County Commissioners, the County Clerk and Recorder, or the County Assessor. Pursuant to C.R.S. 10-11-122.
Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulation 8-1-2;
"Gap Protection" -When this Company conducts the closing and is responsible for recording or filing the legal
documents resulting from the transaction, the Company shall be responsible for all matters which appear on the
record prior to such time or recording or filing; and
"Mechanic's Lien Protection" - If you are the buyer of a single family residence, you may request mechanic's lien
coverage to be issued on your policy of Insurance. If the property being purchased has not been the subject of
construction, improvements or repairs in the last six months prior to the date of this commitment, the
requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by
the seller. If the property being purchased was constructed, improved or repaired within six months prior to the
date of this commitment the requirements may involve disclosure of certain financial information, payment of
premiums, and indemnity, among others. The general requirements stated above are subject to revision and
approval by the Company. Pursuant to C.R.S. 10-11-122.
Notice is hereby given that an ALTA Closing Protection Letter is available, upon request, to certain parties to the
transaction as noted in the title commitment. Pursuant to Colorado Division of Insurance Regulation 8-1.
Nothing herein contained will be deemed to obligate the Company to provide any of the coverages referred to herein
unless the above conditions are fully satisfied.
Page 12