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1.0 ApplicationGarfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-countv.com TYPE OI'SUBDIVISION/EXEMPTIQN ` ,` a ` ' E -, ' ,vJra Q. Minor Subdivision Q Preliminary Plan Amendment 0 Major Subdivision —J II, Final Plat Amendment Sketches Preliminary[]Final 0 Common Interest Community Subdivision Q Conservation Subdivision Public/County Road Split Exemption 0 Yield []SketchPreliminary=Final D Rural Land Development Exemption Q Time Extension 0 Basic Correction Exemption INVOLVED PARTIES , ' , s , Owner/Applicant Name: P+-YL L-1 S G L9 CD1 Phone: ( c(7 ) qgq",2L' 3 Mailing Address: 10 709 City: 1 A1` Ci Y ,t{,_1�� State: CO Zip Code: t 6 Lti 7 E-mail: %'tr1_G tMT 6--aE-G ', C&M 1pc.146 3paLP So e_y4 7,C Representative (Authorization Required) Name: 1t, C 623-p tit Phone: ( /6) g7/—&?30 Mailing Address: I l l 0-Sto 9W C9{9 Mr — City: PIDBOO L) State: CA- Zip Code: Z J 46 - E-mail: 1, ,t(1 - tL T . 4L t(2)At PROJECT NAME AND LOCATION Project Name: CJ ROW O '-" IJ FF L c) i`M ICE Assessor's Parcel Number: - - - Physical/Street Address: .2,1.21.5 60 opt) 62La Legal Description: 5 GG i` ITL Zone District: RuicA-L Property Size (acres): '"s' -- 60 Aare Project Description Existing Use: g esL Pt UT(A-Ls Proposed Use (From Use Table 3-403): Description of Project: -171-iV ?3 i cr i S lrS_S J-'-r-TA l A-- LA43-11) T €e A-R 'i' f f - 1"- bid - at/L.) iA-cie- S j5R , fir' a fa l �lPit7PrOPOWI rat- 6EiVr-Wilje e Proposed Oeveloprr�eo# Land Use Type # of Lots # of Units , Acreage Parking Single Family Duplex Multi -Family Commercial Industrial Open Space Other Total REQUEST FOR WAIVER Submission Requirements ❑ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards ❑ The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. Property Signature of Pro e Owner g P Date File Number:____-____ Fee Paid: $ 12/2/2019 Garfield County 108 Eighth St #401 Glenwood Springs, CO 91601 Attn: Vince Hooper Re: Chowdry Amended Final Plat (FPAA-07-19-8740) Dear Vince, This is intended to confirm that I am allowing Rick Chowdry to act as my representative for the referenced application for an amended plat. If you have questions, please contact me. Sincer teve Neff Parcel #212307300094 PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") ft÷ LLt,,S C-L-A-60)-Mer agree as follows: 1. The Applicant has submitted to the County an application for the following Project: C: V'e'' 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application: The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person: Billing Contact Address: City: meto ft-i-Liti—LS 614M-117OM Phone: (976) (r `e3 7b State: CO Zip Code: am:A7 Billing Contact Email: PC IL�?}f 86 U, c( 66 F COS, Printed Name of Person Authorized to Sign: L )1).14 • � i (Signature) /30. ft '7 (Date) Revised 3-9-2020 Narrative For Chowdry Neff Land Exchange Written by Rick Chowdry, Son of Phyllis Chowdry and Acting Agent For Her Narrative & Description The project is a comparatively simple land exchange agreed to by the owner's of the affected parcels Phyllis Chowdry and Stephen Neff. The project consists of two essential components. One is to merge the two adjacent parcels owned by Phyllis Chowdry and the second is two trade plus or minus 2 acres between Phyllis Chowdry and Stephen Neff. The reason for the land trade and associated boundary adjustment is simply to make the boundary more consistent with the existing geography and less awkward to fence. Mineral Rights There was an investigation done by me at the County Clerk and Recorder's Office on 7-1-19 and the results of that are enclosed. The information went back to 1951 and then I could find no further information past that point. There is no evidence of the mineral rights ever being severed in these documents or in the title work that has been done. Revised Note on Mineral Rights: There was further investigation done in November of 2019 and the records went back to the 1890s. The only notation of the mineral rights being severed was the most recent sale of the parcel currently owned by Steve Neff. In that document the previous owner, (Michael O'Leary Living Trust) severed the mineral rights as shown by the documents. Article 7 The boundary adjustment in no way impacts drainage, utilities or any other items. It is essentially two very steep acres that have scarcely been walked on by any people in exchange for some reasonably flat pasture land. There are not improvements, structures or anything that would be impacted in any way. Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 212303400954 212307300093 212307300094 212501400951 Not available NEW CASTLE 241 COUNTY RD NEW CASTLE 2645 241 COUNTY RD NEW CASTLE Not available SILT 212512400084 2445 241 COUNTY RD NEW CASTLE 212512400138 2397 241 COUNTY RD NEW CASTLE 212512400139 2441 241 COUNTY RD NEW CASTLE 212513100028 2303 241 COUNTY RD NEW CASTLE 212513100034 2090 241 COUNTY RD NEW CASTLE BUREAU OF LAND MANAGEMENT CHOWDRY, PHYLLIS L NEFF, STEPHEN MICHAEL BUREAU OF LAND MANAGEMENT CHOWDRY, PHYLLIS L MARSHALL, DONALD M & R130323 DOROTHY L CARSTEN, RONALD E & TONI J BLAKEY, MILTON K TERRELL FAMILY TRUST R005058 R030107 R130278 R130279 2300 RIVER FRONTAGE ROAD SILT, CO 81652 PO BOX 709 NEW CASTLE, CO 81647 PO BOX 21 PALISADE, CO 81526 R130364 2300 RIVER FRONTAGE ROAD SILT, CO 81652 R013006 PO BOX 709 NEW CASTLE, CO 81647-0709 PO BOX 226 NEW CASTLE, CO 81647 R130324 1602 GRAND AVENUE GLENWOOD SPRINGS, CO 81601 R013083 PO BOX 1013 NEW CASTLE, CO 81647 2090 COUNTY ROAD 241 NEW CASTLE, CO 81647 Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 212307300093 241 COUNTY RD NEW CASTLE 212307300094 2645 241 COUNTY RD NEW CASTLE 212501400951 Not available SILT 212512400084 2445 241 COUNTY RD NEW CASTLE 212512400138 2397 241 COUNTY RD NEW CASTLE 212512400139 2441 241 COUNTY RD NEW CASTLE 212513100028 2303 241 COUNTY RD NEW CASTLE CHOWDRY, PHYLLIS L NEFF, STEPHEN MICHAEL BUREAU OF LAND MANAGEMENT CHOWDRY, PHYLLIS L MARSHALL, DONALD M & R130323 DOROTHY L CARSTEN, RONALD E & TONI J BLAKEY, MILTON K R130278 PO BOX 709 NEW CASTLE, CO 81647 R130279 PO BOX 21 PALISADE, CO 81526 R130364 2300 RIVER FRONTAGE ROAD SILT, CO 81652 R013006 PO BOX 709 NEW CASTLE, CO 81647-0709 PO BOX 226 NEW CASTLE, CO 81647 R130324 1602 GRAND AVENUE GLENWOOD SPRINGS, CO 81601 R013083 PO BOX 1013 NEW CASTLE, CO 81647 Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 212303400954 212307300039 212307300093 212307300094 212501400951 Not available NEW CASTLE 2915 241 COUNTY RD NEW CASTLE 241 COUNTY RD NEW CASTLE 2645 241 COUNTY RD NEW CASTLE Not available SILT MANAGEMENT 212512400084 2445 241 COUNTY RD CHOWDRY, PHYLLIS L NEW CASTLE BUREAU OF LAND MANAGEMENT CHRISTIAN CHURCH CAMP ASSOCIATION R030107 R130296 2300 RIVER FRONTAGE ROAD SILT, CO 81652 PO BOX 932 CLIFFTON, CO 81520 CHOWDRY, PHYLLIS L R130278 PO BOX 709 NEW CASTLE, CO 81647 NEFF, STEPHEN MICHAEL R130279 PO BOX 21 PALISADE, CO 81526 BUREAU OF LAND R130364 2300 RIVER FRONTAGE ROAD SILT, CO 81652 R013006 PO BOX 709 NEW CASTLE, CO 81647-0709 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: October 7, 2019 File No. 1909044 Property Address. 2445 County Road 241, New Castle Tax Information Seller Phillis L. Chowdry Email: Rick Chowdry Email: rchowdry@intech-mech.com Closing Contacts Glenwood Springs office - 970-945-4444 Rifle office - 970-625-3300 Linda Gabossi - linda@cwtrifle.com Denna Conwell - denna@cwtrifle.com Connie Rose Robertson - connie@cwtrifle.com Patti Reich - patti@cwtrifle.com COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 1909044 1. Effective Date: October 3, 2019 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) Proposed Insured: (b) ALTA LOAN POLICY (ALTA 6-17-06) Proposed Insured: $N/A $N/A 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: Phillis L. Chowdry 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: A parcel of land located in the SE%SE1/ of Section 12 Township 5 South, Range 91 West of the 6th Principal Meridian and located in Lot 4 of Section 7, Township 5 South, Range 90 West of the 6th Principal Meridian more particularly described as follows: Beginning at the Southeast corner of Section 12, thence South 89°16'16" West 60.72 feet to the True Point of Beginning, thence North 30°22'00" East 385.04 feet; thence North 76°35'30" West 134.5 feet; thence South 89°16'16" West 1297.94 feet; thence North 00°35'43" East 957.34 feet to the Northwest corner of the SE1/4SE1/4 of Section 12, thence East 1320 feet more or less to the Northeast corner of the SE1/4SE1/4; thence South 0°37'50" West 79.33 feet; thence South 18°51'38" West 672.84 feet; thence South 50°11'31" East 61.46 feet; thence South 65°01'45" East 54.85 feet; thence South 79°27'24" East 221.98 feet; thence North 79°36'18" East 38.68 feet; thence North 58°57'46" East 37.17 feet; thence North 44°00'56" East 65.79 feet; thence North 63°54'38" East 25.15 feet; thence South 58°37'37" East 22.89 feet; thence South 11°31'17" West 33.987 feet; thence South 32°00'46 West 135.54 feet; thence South 43°58'37" West 78.66 feet; thence South 18°52'55" West 20.25 feet; thence South 27°16'21" East 43.64 feet to the True Point of Beginning. TITLE CHARGES Owner's Policy Standard Coverage $250.00 COUNTERSIGNED: Patrick/ P. 3 wwweUW American Land Title Association Schedule A (Rev'd 6-06) Authorized Officer or Agent Valid Only if Schedule B and Cover Are Attached Issuing Agent: Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, CO 81650 File No. 1909044 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. 1909044 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 December 16, 1909 as Reception No. 38377. 10. Right of way for ditches and canals in place and in use. 11. Any question, dispute or adverse claims as to any loss or gain as a result of any change in the river bed location by other than natural causes, or alteration through accretion, reliction, erosion or avulsion of the center thread, bank, channel or flow of waters in East Elk Creek lying within subject land; and any questions as to the location of such center thread, bed, bank or channel as a legal description monument or marker for purposes of describing or locating subject lands. 12. Right of way for County Road No. 241. 13. Garfield County Resolution No. 79-93 recorded August 9, 1979 as Reception No. 296399. 14. The interest of Richard B. Chowdry and Richard Mark Chowdry and Jacob Andrew Chowdry created by Beneficiary Deed from Phillis L. Chowdry recorded February 13, 2013 as Reception No. 831287 under the provisions of CRS 15-15-401 et. seq. 15. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof and the date on which all of the Schedule B, Part 1-Requirements are met. NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN THE POLICY TO BE ISSUED HEREUNDER. The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B - Section 2, the following items: (1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales. NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. American Land Title Association Commitment Schedule B - Section 2 Form 1004-12 COMMONWEALTH TITLE COMPANY PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • • • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means. Information about your transactions with us, our affiliated companies, or others; and Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Commonwealth Title Company of Garfield County, Inc. 127 E. 5th Street Rifle, CO 81650 Phone (970) 625-3300 / Fax (970) 625-3305 1322 Grand Avenue Glenwood Springs, CO 81601 Phone (970) 945-4444 / Fax (970) 945-4449 Date: May 21, 2019 File No. 1904024 Property Address. County Road 241, New Castle Bookcliff Survey Services Inc. 136 East 3rd Street Rifle, CO 81650 Attn: Michael Langhorne Email: ml@bookcliffsurvey.com Closing Contacts Glenwood Springs office - 970-945-4444 Rifle office - 970-625-3300 Linda Gabossi - linda@cwtrifle.com Denna Conwell - denna@cwtrifle.com Connie Rose Robertson - connie@cwtrifle.com Patti Reich - patti@cwtrifle.com COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 1904024 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: (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: Phyllis Chowdry 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 $250.00 COUNTERSIGNED: Pcttrtcly P. 113 u rwe,ui American Land Title Association Schedule A (Rev'd 6-06) Authorized Officer or Agent Valid Only if Schedule B and Cover Are Attached Issuing Agent: Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, CO 81650 File No. 1904024 EXHIBIT "A" A parcel of land situated in the SW'/4, Section 7 of Township 5 South, Range 90 West of the 6th P.M., and in the SEY4 of Section 12, Township 5 South, Range 91 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, more particularly described as follows: Beginning at a point which is common to Sections 7 and 18 of said Township and Range and common to Sections 12 and 13 of Township 5 South and Range 91 West of the 6th P.M.; thence North 00°37'50" East 109.82 feet along the line between said Sections 7 and 12; thence North 30°22'00" East 294.00 feet along the Westerly right of way of an existing road; thence departing from said right of way North 27° 16'21" West 43.64 feet along the centerline of an existing road; thence North 18°52'55" East 20.25 feet along said centerline; thence North 43°58'37" East 78.66 feet; thence North 32°00'46" East 135.54 feet; thence North 11°31'17" East 33.97 feet; thence North 58°37'37" West 22.89 feet; thence South 63°54'38" West 25.15 feet; thence South 44°00'56" West 65.79 feet; thence South 58°57'46" West 37.17 feet; thence South 79°36'18" West 38.68 feet; thence North 79°27'24" West 221.98 feet; thence North 65°O1'45" West 54.85 feet; thence North 50°11'31" West 61.46 feet whence a witness corner lies North 02°28'32" West 51.43 feet; thence departing from said centerline North 18°51'38" East 672.84 feet to a rebar and cap on the line common to Sections 7 and 12; thence South 77°09'58" East 238.14 feet; thence South 35°41'12" East 609.53 feet; thence South 79°48'32" East 610.63 feet; thence South 00°44'50" West 612.78 feet to a point on the line common to said Sections 7 and 18; thence along said Section line South 88°48'50" West 1195.26 feet to the True Point of Beginning. EXCEPTING FROM THE ABOVE: A parcel of land situated in Lot 4 of Section 7, Township 5 South, Range 90 West of the Sixth Principal Meridian, Garfield County, Colorado, also situated in a parcel of land described by Reception No. 296527 as filed in the Garfield County, Colorado records, lying Easterly of the Westerly line of said Section 7 and Southwesterly of a line partially described by Reception No. 285990 as filed in said County records, also being a line partially described by said Reception No. 296527, said parcel of land is more fully described as follows: Beginning at a point on the Westerly line of said Section 7, also being an angle point of said described lines; whence the west quarter corner of Section 18 of said Township and Range bears; South 00°37'50" West 3880.67 feet; thence South 77°09'58" East 238.14 feet along said described lines; thence South 35°41'12" East along said described lines, 609.53 feet to a point in the center of a small irrigation ditch as now constructed and in place; thence North 54°42'47" West 721.82 feet to a point on the Westerly line of said Section 7; thence North 00°37'50" East along said Westerly line, 131.00 feet to the Point of Beginning. Subject to County Road No. 241, also known as East Elk Creek, having a 60 foot right of way width, being 30 feet on each side of the following described centerline; Beginning at a point whence the West Quarter corner of said Section 18 bears South 08°34'10" West 3519.40 feet, thence South 30°22'00" West along said centerline road, 59.47 feet to a point on the Southerly line of the above described parcel of land. File No. 1904024 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. 1904024 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 December 16, 1909 as Reception No. 38377 . 10. Right of way for ditches and canals in place and in use. 11. Right of way for County Road No. 241. 12. Right of way for East Elk Creek. 13. Easement contained in instrument recorded October 8, 1951 as Reception No. 177344. 14. Garfield County Resolution No. 79-93 recorded August 9, 1979 as Reception No. 296399. 15. Right of way for Road contained in instrument recorded August 14, 1974 as Reception No. 296527. 16. Garfield County Resolution No. 81-52 recorded February 24, 1981 as Reception No. 312243. 17. The interest of Richard B. Chowdry and Richard Mark Chowdry and Jacob Andrew Chowdry created by Beneficiary Deed from Phyllis Chowdry recorded February 13, 2013 as Reception No. 831288 under provisions of CRS 15-15-401, et. seq. 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. 1904023 Property Address. 2645 County Road 241, New Castle Tax Information Bookcliff Survey Services Inc. 136 East 3rd Street Rifle, CO 81650 Attn: Michael Langhorne Email: ml@bookcliffsurvey.com Closing Contacts Glenwood Springs office - 970-945-4444 Rifle office - 970-625-3300 Linda Gabossi - linda@cwtrifle.com Denna Conwell - denna@cwtrifle.com Connie Rose Robertson - connie@cwtrifle.com Patti Reich - patti@cwtrifle.com COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 1904023 1. Effective Date: May 15, 2019 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-1 7-06) Proposed Insured: (b) ALTA LOAN POLICY (ALTA 6-17-06) Proposed Insured: N/A 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: Stephen Michael Neff 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 $250.00 COUNTERSIGNED: P atri,oki P. 3 w' we,LL American Land Title Association Schedule A (Rev'd 6-06) Authorized Officer or Agent Valid Only if Schedule B and Cover Are Attached Issuing Agent: Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, CO 81650 File No. 1904023 EXHIBIT "A" A parcel of land situated in Lots 3 and 4, Section 7, Township 5 South, Range 90 West of the 6th Principal Meridian, Garfield County, Colorado, described as follows: Beginning at a point whence the West Quarter Corner of Section 18 of said Township and Range bears South 00°37'50" West 3880.67 feet; thence North 00°37'50" thence South 89°57'30" thence South 50°08'00" thence North 03°21'00" thence South 89°57'30" thence South 00°39'35" thence North 79°48'32" thence North 35°41'12" thence North 77°09'58" Also Includes: East 778.56 feet; East 812.66 feet; Eeast 72.01 feet; East 46.84 feet; East 460.18 feet; West 1458.36 feet; West 746.64 feet; West 609.53 feet; West 238.14 feet to the point of beginning. A parcel of land situated in Lot 4 of Section 7, Township 5 South, Range 90 West of the Sixth Principal Meridian, Garfield County, Colorado, also situated in a parcel of land described by Reception No. 296527 as filed in the Garfield County, Colorado records, lying Easterly of the Westerly line of said Section 7 and Southwesterly of a line partially described by Reception No. 285990 as filed in said County records, also being a line partially described by said Reception No. 296527, said parcel of land is more fully described as follows: Beginning at a point on the Westerly line of said Section 7, also being an angle point of said described lines; whence the West Quarter Corner of Section 18 of said Township and Range bears; South 00°37'50" West 3880.67 feet; thence South 77°09'58" East 238.14 feet along said described lines; thence South 35°41'12" East along said described lines, 609.53 feet to a point in the center of a small irrigation ditch as now constructed and in place; thence North 54°42'47" West 721.82 feet to a point on the Westerly line of said Section 7; thence North 00°37'50" East along said Westerly line, 131.00 feet to the Point of Beginning. File No. 1904023 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. 1904023 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 December 16, 1909 as Reception No. 38377 . 10. Right of way for ditches and canals in place and in use. 11. Right of way for County Road No. 241. 12. Right of way for East Elk Creek. 13. Easement contained in instrument recorded October 8, 1951 as Reception No. 177344. 14. Garfield County Resolution No. 79-93 recorded August 9, 1979 as Reception No. 296399. 15. Right of way for Road contained in instrument recorded August 14, 1974 as Reception No. 296527. 16. Garfield County Resolution No. 81-52 recorded February 24, 1981 as Reception No. 312243. 17. Terms and conditions of Surface Use Agreement recorded April 18, 2017 as Reception No. 891403. 18. Reservation of all gravel and mineral rights in instrument recorded January 23, 2017 as Reception No. 887992 and rerecorded April 4, 2017 as Reception No. 890916 and any interest therein or assignments thereof. 19. Deed of Trust from Stephen Michael Neff to the Public Trustee of Garfield County for the use of SWBC Mortgage Corp., showing an original amount of $517,533.00, dated December 21, 2017 and recorded December 27, 2017 as Reception No. 901642. 20. 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. 111111111111111111111111.111111111111111 III 11111 1111 1111 648615 03/19/2004 04:13P B1570 P270 M ALSD0RF 1 of 2 R 11.00 D 0.00 GARFIELD COUNTY CO BARGAIN AND SALE DEED MICHAEL O'LEARY ("Grantor") for the consideration of TEN AND NO/I00THS DOLLARS, U.S. ($10.00) and other good and valuable consideration, hereby sells and conveys to PHYLLIS L. CHOWDRY ("Grantee"), whose address is P.O. Box 709, New Castle, CO 81647, all right, title, interest, claim and demand which Grantor has in and to the water rights situated in the County of Garfield, State of Colorado, described as: Any and all water and groundwater rights (direct flow, underground, well, and storage), including but not limited to all of Grantor's right, title and interest in the Barrett Ditch No. 1 (Priority No. 144BBB) and the Barrett Ditch No. 2 (Priority No. 144BB) decreed in C.A. 961, appurtenant to, belonging to, or currently or historically used in connection with or adjudicated for use on all or any part of a parcel of land situated in the SW1/4 of Section 7, Township 5 South, Range 90 West of the 66 F.M., and in the SE1/4 of Section 12, Township 5 South, Range 91 West of the 6"' P.M., as such parcel is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; EXCEPTING FROM THE ABOVE ALL OF GRANTOR'S RIGHT, TITLE AND INTEREST IN THE FOLLOWING: the O'Leary Well No. 2 adjudicated in Case No. 81CW180; the Jackalope Spring adjudicated in Case No. 81CW166; and 0.20 cubic feet per second of water from the Barrett Ditch No. I (Priority No. 144BBB) decreed in C.A. 961; all of which excepted interests are appurtenant to and used by Grantor upon and in connection with Grantor's real property described in that certain deed recorded in Book 510 at Page 842 as Reception No. 285990 in the real estate records of Garfield County, Colorado. 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, Grantee's heirs, successors and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth in the acknowledgement. STATE OF FLOR r COUNTY OF The foregoing instrument was acknowledged before me this ) 6, day of '1.72f:. , 200by MICHAEL O'LEARY. WITNESS my hand and official seal. My commission expires: G'.r►NO MICHAEL 0' AY 4,0 hik. Whim Wpm ** Mr Commiwon COMM Ills.," Expires June 2s,2004 tit to 6-coaVOW 7 ) ss. Notary Public After recording please return to: Petre & Petre, P.C. P.O. Drawer 400 Glenwood Springs, CO 81602 1 I1111111111 Illlll 111111 IIII IIII 1111111 III I1111 IIII IIII 648615 03/19/2004 04:13P 81570 P271 CI ALSOORF 2 of 2 R 11.00 0 0.00 GARFIELD COUNTY CO EXHIBIT A A PARCEL OF LAND SITUATED IN THE SW1/4, SECTION 7 08 TOWNSHIP 5 SOUTH, RANGE 90 WEST OF THE 6TH P.M., AND IN THE 3E1/4 OF SECTION 12, TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS COMMON TO SECTIONS 7 AND 18 OF SAID TOWNSHIP AND RANGE AND COMMON TO SECTIONS 12 AND 13 OF TOWNSHIP 5 SOUTH AND RANGE 91 WEST OF THE 6TH P.M.:THENCE N. 00 DEGREES 37' S0" E. 109.82 FEET ALONG THE LING BETWEEN SAID SECTIONS 7 AND 12; THENCE. N. 30 DEGREES 22' 00" 8. 294.00 FEET ALONG THE WESTERLY RIGHT-OF-WAY OF AN EXISTING ROAD; THENCE DEPARTING FROM SAID RIGHT-OF-WAY N. 27 DEGREES 16' 21" W. 43.64 FEET ALONG THE CENTERLINE OF AN EXISTING ROAD; THENCE N. 18 DEGREES 52' 55" 8. 20.25 FEET ALONG SAID CENTERLINE; THENCE N. 43 DEGREES 58' 37" 8. 78.66 FEET; THENCE N. 32 DEGREES 00' 46" 8. 135.54 FEET; THENCE N. 11 DEGREES 31' 17" 8. 33.97 FEET; THENCE N. 58 DEGREES 37' 37" W. 22.89 FEET; THENCE S. 63 DEGREES 54' 38" W. 25.15 FEET; THENCE S. 44 DEGREES 00' 56" W. 65.79 FEET; THENCE S. 58 DEGREES 57' 46" W. 37.17 FEET; THENCE S. 79 DEGREES 36' 18" W. 38.68 FEET; THENCE N. 79 DEGREES 27' 24" W. 221.98 FEET; THENCE N. 65 DEGREES 01' 45" W. 54.85 FEET; THENCE N. 50 DEGREES 11' 31" N. 61.46 FEET WHENCE A WITNESS CORNER LIES N. 02 DEGREES 28' 32" W. 51.43 FEET; THENCE DEPARTING FROM SAID CENTERLINE N. 18 DEGREES 51' 38" E. 672.84 FEET TO A RBBAR AND CAP ON THE LINE COMMON TO SECTIONS 7 AND 12; THENCE S. 77 DEGREES 09' 58" E. 238.14 FEET; THENCE S. 35 DEGREES 41' 12" E. 609.53 FEET; THENCE S. 79 DEGREES 48' 32" E. 610.63 FEET; THENCE S. 00 DEGREES 44' 50" W. 612.78 FEET TO A POINT ON THE LINE COMMON TO SAID SECTIONS 7 AND 18; THENCE ALONG SAID SECTION LINE S. 88 DEGREES 48' 50" W. 1195.26 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING FROM THE ABOVE: A PARCEL 08 LAND SITUATED IN LOT 4 OF SECTION 7, TOWNSHIP 5 SOUTH, RANGE 90 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, ALSO SITUATED IN A PARCEL OF LAND DESCRIBED 8Y RECEPTION NO. 296527 AS FILED IN THE GARFIELD COUNTY, COLORADO RECORDS, LYING EASTERLY OF THE WESTERLY LINE OF SAID SECTION 7 AND SOUTHWESTERLY OF A LINE PARTIALLY DESCRIBED BY RECEPTION NO. 285990 AS FILED IN SAID COUNTY RECORDS, ALSO BEING A LINE PARTIALLY DESCRIBED BY SAID RECEPTION NO. 296527, SAID PARCEL OF LAND IS MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LING OF SAID SECTION 7, ALSO BEING AN ANGLE POINT OF SAID DESCRIBED LINES; WHENCE THE WEST QUARTER CORNER OF SECTION 18 OF SAID TOWNSHIP AND RANGE BEARS; S. 00 DEGREES 37' 50"W. 3880.67 FEET; THENCE S. 77 DEGREES 09' 58" E. 238.14 FEET ALONG SAID DESCRIBED LINES; THENCE S. 35 DEGREES 41' 12" E. ALONG SAID DESCRIBED LINES, 609.53 FEET TO A POINT IN THE CENTER OF A SMALL IRRIGATION DITCH AS NOW CONSTRUCTED AND IN PLACE; THENCE N. 54 DEGREES 42' 47" W. 721.82 FEET TO A POINT ON THE WESTERLY LINK OF SAID SECTION 7; THENCE N. 00 DEGREES 37' 50" E. ALONG SAID WESTERLY LINE, 131.00 FEET TO THE POINT OF BEGINNING. SUBJECT TO COUNTY ROAD NO. 241, ALSO KNOWN AS EAST ELK CREEK, HAVING A 50 FOOT RIGHT-OF-WAY WIDTH, BEING 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE. BEGINING AT A POINT WHENCE THE WEST QUARTER CORNER OF SAID SECTION 28 BEARS S. 08 DEGREES 34' 10" W. 3519.40 FEET, THENCE S. 30 DEGREES 22' 00" W. ALONG SAID CENTERLINE ROAD, 59.47 BEET TO A POINT ON THE SOUTHERLY LINE OF THE ABOVE DESCRIBED PARCEL OF LAND. COUNTY OF GARFIELD STATE OF COLORADO GW240987 a. THIS WARRANTY DEED IS BEING RE -RECORDED TO CORRECT THE LEGAL DESCRIPTION 890916 04/04/2017 03:56:06 PM Page 1 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $18.00 Doc Fee: $0.00 eRecorded 887992 01/23/201711:49:07 AM Page 1 of 2 :: Jean Albedoo, Garfield County, Colorado ....Roo Fee: $18,00 Doo Fee: $45.00 eReoorded • • • iiAwtaii r•:Dmo' .. . - TMSbket, mr4de6147Wio8draux.14111.14anas< • . .. . • • ,�,. 1 . •ai3peidei.,lbl`til l aVaML}ieafaxtot40470110j;., .'.. .. .. short 1. atr.�elfal taxoiSsti.:G14hb1 •• 'ae�twi artiiser�diiein{hwliva616e reiatNicati1G11$R�'..g. uvawwev�- pan e.PUstwas y,aa.» ri"..." r•'• ... _ binthed,aNd to .OW*MOW di M""C:••.. . • •orla•'aiekard •a5r,wl aa'aa.caiiwY.as�sivaM.ru+�,16ea,rNtlows"0wY°°•r y' • • - .'� N • S rtir11IiYA sL'a ileaurp •A?w bi. :�•:: i•;'' . ` aimida!be welt eleri•woorgiSCiarttritudidMFicit«coa6P .. • • • eM• • •'• TOT THftpi,011YE araer.aee siir •elEii+4�aeiNenroloerat o eelewonialircrmiddnicaeyeoratbae•Cietal • • •• ywok 41tiwdawdwl11110% tlilt."iwfreKae keede•Meion0 pimievioaioaearmYwtYinrimm tii • V , . :TO • �BAVC ARA. 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Saoodt•• '•iir • �- • • •' • yC3r4 d : •}• :: 7MiFeteOelMirYameswa� teariR6Madlemae/6b4ntiiolMi ...: �'ddl/' t?Ilie�latrumi�aeWtrenti 07Aaq�7r11! ' *a,ef iaangiae 3%laay0 . wkad partablopkwsYP• • •, • • aaaaaa�NwaerOer-lpeew,aaeeeeear ®•amoomm,r, 12e0811. 887992 01/23/201711:49:07 AM Page 2 of 2 Jean Albedoo, Garfield County, Colorado Rec Fee: $18.00 Doc Fee: $45.00 eRecorded 890916 04/04/2017 03:56:06 PM Page 2 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $18.00 Doc Fee: $0.00 eRecorded mom "A" Attached to and forming sport of WARRANTY MD GRAN4OR hitai Ef,J O'LEAItYLIVINQ IJ7'R ST ORAPi1Elk STEMNI0IC'RAIiI, NEW - LEGAL DZSCRff2ION Apareel Maud situated In Lola 3 and 4, Section 7,'Ibwoahlp 5 South, Range 90 Wet of the 611t Principal Meridian, Garfield County, Colorado, coosistlagof approximately 35 acres and described av fol owe: Reginaiogat a polatwhence the West quarter Corner of Section IS ofsaid 7bwaship and Rang* hears & 00031t50" W. 383047 feet; thence N. 00°3750" L 778.46 feet; theaee S 89557'30" E. 812.66 feed thence&50°08'00" L72.01 feet; thence N. 03"21'00" S, 46.84 feat; thence S. 89°57'30" B. 460.18 feet; thence & 00°39'35" W. 145136 Heat; theme N, 79°48'32" W. 746.64 feet; tgancoN:3564I'I2" W. 609.53 feet; thenceN. 77609163" W.233.14bet to the point of begrnaiag. Also Includes: f. 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Co,mty ofGariaetd, State of Colorado. alsolmowa by street and number es: 2645 County Road 241, New Castle, CO 81647 211 Recorded at " o'olooi= /9 .M. AUG 9 1979 �ecoptiort X o "� }• Mtldrad aklsdorf, Reo©rdev BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO RESOLUTION NO. 79-93 BOOR 532 PJGES7 WHEREAS, Chester L. Barry has petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "subdivision" and "subdivided land" under C.R.S. 1973, 30-28-101 (10) (a)-(d), as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of a 70.0 acre tract described as follows: .that parcel of land as described in Document No. 221682 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 2 tracts of approximately 24.70 and 45.30 acres each, more or less, which proposed divided tracts are more particularly described as follows: Tract A: A parcel of land situated in the SW1 Section 7 of Township 5 South, Range 90 West of the Sixth Principal Meridian, and in the SEA Section 12, Township 5 South, Range 91 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, more particularly described as follows: Beginning at a point which is common to Sections 7 and 18 of said Township and Range, and common to Sections 12 and 13 of Township 5 South and Range 91 West of the Sixth Principal Mer- idian; thence N. 00°37'50" E. 109.82 feet along the line between said Sections 7 and 12; thence N. 30°22'00" E. 294.00 feet along the westerly right-of-way of an existing road; thence departing from said right-of-way N. 27°16'21" W. 43.64 feet along the center- line of an existing road; thence N. 18°52'55" E. 20.25 feet along said centerline; thence N. 43°58'37" E. 78.66 feet; thence N. 32° 00'46" E. 135.54 feet; thence N. 11°31'17" E. 33.97 feet; thence N. 58°37'37" W. 22.89 feet; thence S. 63°54'38" W. 25.15 feet; thence 5. 44°00'56" W. 65.79 feet; thence S. 580 57'46" W. 37.17 feet; thence S. 79°36'18" W. 38.68 feet; thence N. 79°27'24' W. 221.98 feet; thence N. 65°01'45" W. 54.85 feet; thence N. 50°11'31" W. 61.46 feet whence a witness corner lies N. 02°28'32" W. 51.43 feet; thence departing from said centerline N. 18°51'38" E. 672.84 feet to a rebar and cap on the line common to Sections 7 and 12; thence S. 77°09'58" E. 238.14 feet; thence S. 35°41'12" Boax 532 FhGE&DSO E. 609.53 feet; thence S. 79°48'32" E. 610.63 feet; thence S. 00°44' 50!' W. 612.78 feet to a point on the line common to said Sections 7 and 18; thence along said Section line S. 88°48'50" W. 1195.26 feet to the point of beginning. Said parcel contains 24.70 acres, more or less. WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that the proposed division does not fall within the purposes of Part 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason that the impact created is not large enough to proceed through the full subdivision process; and, WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reasonable probability of locating domestic water on each of said tracts, that there is adequate ingress and egress to said tracts, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is not part of an existing or larger development and does not fall within the general purposes and intent of the subdivision regulations of the State of Colorado and the County of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. 1973, 30-28-101 (10) (a)-(d), as amended; NOW, THEREFORE, upon the motion of Larry Velasquez , seconded by Richard C. Jolley , and carried, the division of the above described tract "A" from the above described 70.0 acre tract is hereby exempted from such ,'—,,definitions and said tract may be divided into tract "A", as is more fully •described above, and said divided tract may be conveyed in the form of such 'smaller tracts without further compliance with the aforesaid subdivision statutes .and regulations; provided, however, that this exemption is granted on the ::`condition.and with the express understanding and agreement of the Petitioner ,.that no.,further exemptions be allowed on said tract "A", and that a copy of the -.instrument or instruments of conveyance when recorded shall be filed with this .Resolution. `.r Dated this 7th day of August , A.O. 1979. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO ..-ATTEST:.. &PI ,01UC •:'Deputy C r'ktof the B°Gird of Count, Commissioners .Garfield County, Colorado Recorded at ! �••..r� o'cioc 3:42 Reception No 555 P 1 198 cor 608 RicE 'i 2.�. THIS DEED; Made this loth day of September ,19 82, • • between .C3Ey1' R L:.BARI& AND ANNA h. BARRY ofthe County of Mesa Colorado, of the first part, and PHYLLIS L. CHOWDRY and state of RECORDER'S. STAMP GARFIELD SEP 151982' State Dot•, Fee whose legal address is • 2445: County.••Road 241., New Castle, Colorado...81647 ' ofthe • • County of Garfield and state of Colorado,ofthe secondpart, • • . • WITNESSETH, That the said part ievf the first part; for.and in consideration of the sum of Ten •I]ollars and• ether good and valuable consideration DOLLARS, to the said partj,eeif the first part in hand paid by the said party • of the second part, the receipt whereof is hereby confeesed'and.acknoNlledged, baivereinised, released, sold, conveyed and QUIT CLAIMED, and by these presents d 'remise,'release;dell, convey and QUIT CLAIM unto the said party of the second part, her heirs, successora.and a9aigns, forever,' all the right, titre, interest; claim end demand which the said parties°(the first part have '•in and to the following deacribed'lot or parcel of land`situate, lying and being in the ' County: • of , Garfie],d and State of Colorado, to Witt. A pare e.1 of land "located all the SF9dSE'� of Sect2:on •12•. Township 5 South, Range - 91' West of the •6th Pr9.ncipal Meridian and 'located . in 'Lot' 4 '.of Sectical 7 ,' Township 5 . South, Range 90 West of the 6th .Principal;.Meridian m?repaiticularly described as -follows: ''Beginning at, the. SE coiner 'of Secticn`12, thence'South 89°16'16" West 60.72 feet. TO ,THE' 7.'Rf1E : POINT. Ck' •R TNNTht, thence North 30°22' 00" East 385.04 feet; thence North.'76..°35,'30". W. '134:5 feet; hence South 89°16'16" West 1297.94 feet; thence . North 00°35'43" East 957.34 feet to• the Northwest corner of the SEA SEf of Section 12 . thence. East 1320 feet.more .or less to the NE corner of the SE} 8E3/4; thence.S; 0°37-'50 West 79;33 feet;• thence South.18°51'38" West 672.84 feet; thence South'.50.°11131" East 61.46 feet; thence South 65°01'45" East 54.85 feet; thence South,'75°'27'24",East • 221.98.feet; . thence North 79°36'18" 38.68 feet; .thence North 58°57'46". ast.37.17 feet; thence North 44°00'56" East 65.79 feet; .thence Nottti'63°54'38"•East' 25.15 feet; thence 'South 58°37'37".East 22.89 feet; • thth ce•Sauth 11°31'17" West.33.97 feet ;,thence South. 32°00'46" -West 135.54 feet; 'thence South 43°5811.37" West 78.66 feet; thence South 18°52'55" West 20.25•feet; thence South 27°16'21" East 43.64 feet TO THE TRUE RANT OF BE]GMTING. also known as street and number' TO NAVE 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 said part Lf the first part, either in law or equity, to the only proper use, benefit and behoof of the said part y of the second part, her heirs and assigns forever, . IN WITNESS WHEREOF, The said part ±eefthe first part have hereunto set theitand s and seals �� the day and year first above written.. �ti_ n Chester Barry �y [SEALI Signed, Sealed and Delivered in thPresencees e eeence of ."[SEAL] ISEAL] STATE OF COLORADO, r a3. County of The fore Ding instrdment wadacknowledged before methis % 0 'F 198. ;by' V,F}C 4 ESTE4 .L.KI('1 Y -41 4 11- rAfrcY Anna A. Barry . day of My commission expires i:Pi11,79'" ,192fJ. Witness my hand and official seal. • No. 933. QUITCLAIM jR7hi15 M PEED, erudford hinp. 51115 W..6711 Ave.. LA.:mood. CO 11U71.1-1,1U= 31333.69UU6•l11• ' [SEAL] r• Recorded at I 1 I 6 o'cloc Reception No 332C SE? .1 5 1982. • c 808 FAGEZ3.1-3 .• • THIS DEED,.., Made this • IOth day of Setter .1982, between CHELSik,ti L. BARRY AND ANNA A. BARRY • • ofthe County MeSa and state of • Colorado, Of ihefirst part, and maiap L. CE•lcDWARY •• whose legaIaddress is 2445.County Road 241,•New Castle, • Colorado 81647—' ' - • • •. of thd • . County of • Garfield . . . andetate of. Colorado, of the second part; • . • • 'WITNESSETH, That the said.part of the first part, for and in consideration•of the sum of ' , • . Ten pollarsand other go.. and valuable occaideration to the'saidpartiesof the first partin handliaid by the said part y ofthe econd par thei.recelirt whereof is hereby confessed and acknowledged, haVeremised, released, sold, conveyed and.QUIT.CLAIMEE,:and by these presents do es remise, releasi, sell,. convey and QUIT CLAIM unto the partt ' eflhkiecarld'pert„ he.r.'"itelfsi; successors and asiigns, forever, all the right, title interest, claim'and demand which the said part. of thefirst part ha veirvand to the following described lot or parcel'of land Situate, lying and being inthe • . County of Garfield and State of Colorado, to wit • • . • •• ' Any lands lying in the SE1/4 SE3/4 of :Section 12, 'Itganship 5 South,,. Range-91 WeSt•of the.6th.Principal Ilericti.an or in pots 3 and' 4 aSection 7, Tos..mslIip...5,.SOL*,h :Range' 90'.thiest of teh 6th Principar.meridian,:in Which'parties of the first•part have any interest whateoever.and which have not been otherwise conveyed by the Parkies.of the first,part.. • . • '• • " • . • -. • RECORDER'S STAMP • GARFIELD SEP 1 5 1982 State Doe. Fee • : • . • . also known as street and number • TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and idl.the estate, right, title, interest and claim whatsoever, of the. said part iesethe first part, either ha law or equity, to the only proper -use, benefit and behoof.of the said part y, of. • the second part, her heirs and assigns forever. INWITNESS WHEREOF, The said part iesof the first part have hereunto ante-Jell/and S „ and seals the day and year first above written. • Cf 4Etill Chester L. Barry Signed, Sealed and'Delivered in the Presence of Anna A. Barry ss. STATE OF COLORADO, County of sTiatide-grOt A.64 The. forsgoing instrument was acknowledged before roe this /u--- 19P, by* CifEsTr—it • 4A-Xitie Attivit A . My commission expires ,27,,/e; ,19 5:5:Witness my hand and official seal. ''r 0 • • • • AWL tsvta if 7 (-I ack. file-tcks;r/ ,"› " 2. • . Le". e••;) • • tv 'SEAL. [SEAL] [SEAL] [SEAL] No. 933. quiv CLAM DEED. Bradford I ti%rn,.M2:1. W. I h Ave.:Lakew mid. CU 14117..i 4 —1301 233400— .5.14 1 ook 349 age 518 Recorded at_?-0•,20..e'cA ,_Jn... `�..�{.�..___..,.__...�....... Reception No 221682 Chaa: 2 r..._K.?ega,ii._.....__ itecorder. Das DEED, Nada this 24th day of May in the year of ous. Lord one thousand nine hundred Mad s ixty—three between H. J. HONAIC R and MARY C. HONAKER, of the County of Garfield. and State of Colorado, of the £irat part, and CHESTER L. BARRY and ANNA A. B'ARRY, of the • • county of Mesa and State of CoIorado, of the second part: WITA'ESSETH, That the said part ,'esof the first part, for and in consideration of the awn of Ten ($10.00) Dollars and other valuables a ri , to the said part ie$of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of They ' olor to- k of Section 12, T 5 S, R 91 W, 6th P.M., and Lots 3 and 4 of Sec. 7, T 5 S, R 90 W, 6th P.M., and the Barrett Ditch from East Elk Creek, EXCEPT: Beginning at a point on the W1y line of County Road at the intersection with the N line of said Lot 3; thence S 5°38' W 103.3 feet along the Wly line of County Road, thence S 4°22' E 80.3 feet along the Wly line of County Road, thence S 16°38' W 100,25 feet along W1y line of County Road, thence S 31°3' W 144 feet along the Wly line of County Road, thence S 47°53' W 168.2 feet along the Wly line of County Road; thence S 3°21' W 47.15 feet along the Wly line of the County Road, thence N 50°8' W 98.25 feet to a point 6 feat E of Irrigation Ditch as now constructed and in use, thence N 9°31' E•183.1 feet; thence N 8°4' W 94.6 feet, thence S 86°331 W 74.7 feet, thence N 36°39' W 92.4 feet; thence N 50°43' W 111.8 feet; thence N 2°47' E 84.3 feet to the N line of said Lot 3; and thence E 504.5 feet along the N line of said Lot 3 to the point of beginning, containing 3.7 acres, more or less. EXCEPT: The North 515 feet of Lot 3, Sec. 7 T 5 S, R 90 W, 6th P.M. AND ALSO EXCEPT: A tract of land situated in the NE' NE', Sec. 13, and the SEk SEk, Sec. 12, T 5 S, R 91 W, 6th P.M., lying Wly of East Elk Creek in Garfield County, Colorado, described as follows: Beginning at a point on the W1y bank of said creek whence the E1/4 corner of said Sec. 13 bears S 09°45' E 2479.64 feet; thence N 61°12' W 349.80 feet; thence N 43°36' E 200.04 feet; thence S 66°26' E 349.90 feet to a point on the W1y bank of said creek; thence S 41°15' W 230.71 feet along the W1y bank of said creek to the point of beginning, containing 1.66 acres, more or less, together with any and all water, water rights, ditch and ditch rights of way thereto appertaining, including by way of example, but not by way of limitation all of grantors' right, title and interest in and to the Barrett Ditches #1 and #2, taking water from the East Fork of Elk Creek and in and to the water decreed therein, subject to all 1963 real property taxes due andpayable in 1964, water assessments, toll fees and maintenance charges and all subsequent real property taxes, water assessments, toll fees and maintenance charges, TOGETHER with all and singular the hereditament:: and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said•partaes of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. No. 768. WARRANTY DEED—Te Joint Tenenta 9redtord-R.bineon Printiae Company,1124.46 Stout Street, Denver, Colored& Hook 349 Page 519 TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Bald parties ad the second part, their heirs and assigns forever. A.nd the said parties of the ,first part, for them ■elves, executors, and administrators, do covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of tha ensealing and delivery ad these presenq, are well seised of the premises above conveyed, as of good, sure, perfect, absolute aced indefeasible estate of inheritance in law, in fee simple, nabs ve good right, full power and lawful• authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature, soever, None, except as above noted and the above bargained premiaa in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any pert thereof, the said part jet; of the first part shall and will WARRANT AND FOREVER DEPEND. H'T WITNESS WSSREOF, the said parties of the fist part eve hereanto eat their hands and reed s the day and year first above written. Signed, Sealed and Delivered in the Pregame of STAFF OF COLORADO, L The, 'ref gop ' i nwas of/ lodged before me this a 64: eraz sr-f _ H.J. Honaker d Mary C. Hop ker ,18 3 . prit os, my hand and official nal i % s--J Nalarl+Pe51Ie. xonaxer r y yi ecinni8daac expires Mary :C. Ronaker .Psl/ [SEAL] MEAL] day of May Wortson* =toad roam or parsons Mtn e if kr parsons alarm regoosualatiro or otardal soar* or in than boat name of of pima �owwlor. a{ioraq-iC�� Ogess1str or dM0[ibU ; If b! anew e( corpora oa. ZMY Wert nadrfDA stffare or *Cleom so the prodded or *Um sinews of resit corporation. cawing It Book 260 Recordedat-1..:.+4,2.........o'aock F -!d 0l;.toher. r+1 Page 394. Reception No 1773144__ _ _ Pen n —Recorder THIS DEED, Made this day of a :j•' vr ' year of our Lord one thousand nine hundred and , Sty -one between D. W. ALEXANAZiI, in the Y5 of the County of Garfield . and State of Colorado, of the Stet part, and D. J. HONAKER AND MARX, C. YDNAIGsR of the County of . Garfield and State of Colorado, of the second part: WITNESSETH, That the said party of the first part, for and in consideration of the sum of ., -• SIX THOUSAND AND NO/100 (6,000.00) . — .DOLLARS, to tho acid part y of the first part in band paid' by the said parties of the second part, the receipt whereof is hereby confessed and aclmowledged, has granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, not in tenancy in common but in joint tenancy, the survivor of them, their aeelgna and the heirs and assigns of each survivor forever, ail the follow ing described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, towit: SEySE* Sec. 12, Tp. 5 S., R. 91 W. of the 6th P. M. Lots 3 and 4 Sec. 7, Tp. 5 S., R. 90 ti(., of the 6th P. M., together with any and all ditch and water rights belonging to, used upon or in connection with .the lands above described including, but not exclusively, the Barrett Ditches Numbers 1 and 2 with their water priorities except that portion of said Barrett Ditch Number 2 and its 'rater rights conveyed by a Warranty deed of record in the office of the County Clerk and Recorder of Garfield County, Colorado as Document No. 72375. . Except .a tract of land heretofore conveyed to John G. Tripp as, appears in Sarranty Deed recorded in the office of the Garfield County Clerk and Recorder as Document No. 166858. Also except a tract of ihnd described as the North 515 feet of Lot 3, Sec. 7 Tp. 5 S:, R. 90 W., of the 6th P. M. excepting the tract of land above described which has previously been con- veyed to John G. Tripp. The Grantor, his heirs or assigns, shall, within one year from date hereof, erect at his .or their entire expense and without cost or expense to Grantees, their belts or assigns, a lawful division or partition fence with cedar posts between the land herein conveyed to the Grantees and the land reserved to the Grantor; and that said Grantor, his heirs; or assigns, will keep and maintain such fence in a good state of repair at, his or their expense and in case of a violation of this agreement.,,, by the Grantor, his heirs or assigns, the title to the property herein reserved shall revert to the Grantees, their heirs or 'assigns, forever by...; proof in any Court of competent jurisdiction by the Grantees, their heirs or assigns, that said Grantor, his heirs or assigns, have violated this agreement. It is further agreed that in the event the Grantor, his heirs or assigns, should fail to maintain the fence as herein above stated. no • action in Court shall Lbe'::filtd ° against the f antgr;;3 his heirs or assigns, unless or until a 30 day'written notice shall have been given to him,or thetn,ofi intention -Ito file such an action; during which period of 30 days before such action shall be filed the Grantor, his heirs or assigns, shall have a. • right to cure and remedy any violation vith reference to the maintenance of, said fence. The land herein conveyed is subject to an easement and right of way heretofore granted to George Harris, along the East side of said land and lying East of the County Road for the construction, use and maintenance of an irrigation ditch not to exceed. 3 feet in width. L • TOGETHER with all and singular the hereditaments and appurtenances tbereunto belonging, or ;ia anywiae appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part y of the first part, either in• law or equity, of, in and to the above bargained promises, with the hereditamenta and appurtenances, No.7813. WARRANTS' DEED To Joint Ter .—The Brndiord•Robiaion Pt'. Co.. Rim Aab[aeoa'. Lefal Blanks, HU stout 5k, D n , Cain. • Book 260 Page 395 TO RAVE AND TO HOLD the said premises above bargained and described, with the appurtenaucea, unto the said parties of the second part, the survivor of them, their assigns, and the heirs and assigns of aaeh saivivor for • ever. And the said.pnrt y of the first part, for him sei v his heirs, executors, and administrators, does covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, that at the time of the enseaiing and delivery of these presents, he is well seized of the premises above convoyed, as of good, sure, perfect, absolute and inde- feasible estate of inheritance in law, in fee simple, and ha s good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens; taxes, assessments and incumbrances of whatever kind or neon, solver, :kept the Grantees agree to pay the 1951 general taxes and 'assume the deed of trust recorded in Book 248 at Page 31414. in the office of the Garfield County Clerk and Recorder in the principal amount of $2,000.00, together 'with interest accruing aft.r October 1, 1951. The Grantor reserved possession.of the property conveyed e::capt the bunk house and certain other parts of the property until November 1, 1951. and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the survivor of them, their aaelgae and the helm and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the whole ar any part thereof, the said part of the first pert shall and will WARRANT AND 'FOREVER DEB'END. IN WITNESS WHEREOF, the said part y of the first part he s hereunto set his hand and ' seal the day and year first above written. - Signed, Sealed and Delivered in the Ereaence of County of GARFI;;LD BA' The foregoing instrument was acknowledged before me this A. D.19 51 , by' D. '!I iteccander My commission expires October 11, [SEAL] [SEAL] [SEAb7 •If k eaters] teaeon or genes hay touch acme or suite; it b7 seems aiding la raresmaMige or oWsf,i aapad r or as attaroasNi dad, tam laced nerve of person as executor. itmraq-ia-hot or otter aapeeiy or dosedlKiest SE br wise et ceepotatios. tbia latest alma ai nigh taker or oflleea, ma thm gserdsat or other °Memo of mach oonmerottom. laming it. • m v+.1 �--e , 4 CI Recorded at.__1.7_Q_o'5Ioek.._ .M.. _De�tober.k#, 1251. Book 260 Page 396 ' Reception No127341_. s Keegan._ - —Recorder THIS DEED, Made this 5th day of October in the year of our Lord one thousand nine hundred and 51, between • of the D. W.'AL'EXANDER. , County of Garfield and State of Colorado, of the first part, and H. J. HOHAKER AND may.. C. HONAKER • of the County of Garfield and State of Colorado, of the second part; WITNESSETH, That the said part y of the first part, for and in consideration of the sum of Ten Dollars 010.00) and other• good and valuable consideration— •— -� —-DOLLA7,2S, to the said party of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has • remised, released, sold, conveyed and quit claimed, and by these presents do remise, release, sell, convey and quit claim unto the said parties of the second part, not in tenancy in common but in joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivor forever, all the right, title, interest, claim and 'demand which the said part Y of the first part ha 8 in and to the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit: A tract in the NEE of Sec. 13, Tp. 5 S., R. 91 W. being a traingular piece of ground. approximates 185 feet by 256 feet by 376 feet, and more particularly described as follows, to wit: - • Beginning at Corner No. 1, a point on the west bank of 'East Elk Creek where the same intersects the north line of said.Sec— tion 13; thence west along said north section line.350 feet to Corner No. 2, thence southeasterly approximately 381j4 feet to Corner No. 3, a point on the west bank of East Elk Creek'160 feet south of daid north section line; thence northbr]y.:along the west bank of t3ast Elk Creek 160 feet to Corner No. 1, the place of beginning. • Said grantees in consideration of this corr+reyance .agree:. to construct and maintain at their own cost and expense a line fence on the south and east sides of the tract hereby conveyed. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privi- leges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest, • and claim whatsoever of the said party of the first part, either in law or 'equity, unto the said parties of the second part, the survivor of them, their assigns, and the heirs and assigns of such survivor forever. IN WITNESS WHEREOF, The said part y of the first part has hereunto set his hand and seal the day and year first above written. Signed, Sealed and Delivered in the presence of �Y[SEAL] STATE OF COLORADO, County of GARFIELD T_a foregoing instrument was acknowledged before me this 19 51 ,by D. W. Alexander WITNESS my hand and official seal. My commission expires October 11, 1952.. • • [SEAL] -._....._...._._._............................................ [SEAL] r SS. 5th day of October No. 962. QUIT CLAIM DE£D,—Te Joinnnata.— heBradford-Bobinwn Ptr. Co., Lffn. Eoblmon'a Legal Blanke,Dencer. Garfield County Community Development Department 108 8th Street, Suite401' Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-countv.com PRE -APPLICATION CONFERENCE SUMMARY DATE: 11 /30118 TAX PARCEL NUMBERS: 212307300094, 212512400084, and 212307300093 OWNER: Stephen Neff and Phyllis Chowdry SURVEYOR: TBD PRACTICAL LOCATION: 2445 and 2645 County Road 241, New Castle TYPE OF APPLICATION: Amended Final Plat ZONING: Rural I. GENERAL PROJECT DESCRIPTION The Applicants are proposing to make two changes with the Amended Final Plat. One change is to eliminate the lot Tine between both parcels owned by Phyllis Chowdry. These are parcels 212512400084 and 212307300093. Second, the applicant would like to adjust the lot line between parcel 212307300093 and 212307300094 to increase the acreage of the Chowdry parcel, while decreasing the acreage of the Neff parcel. The applicants have indicated that this makes the property more usable due to topographic and natural features. The Neff parcel and one of the Chowdy parcels are developed with single-family residences. The remaining Chowdry parcelis undeveloped. Both parcels owners will need to be part of the application. 11. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS 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 er,z_ enru • 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. SUBMITTAL REQUIREMENTS 3 CiaPrES Below is a summary of the submittal requirements for an Amended Final Plat Application. These items are 'fully described as referenced in Table 5-401 of the 'Land Use and Development Code. ' General Application Materials including ,the Application Form (signed), payment of fees and signed Payment Agreement Form • 6) A narrative describing the request and related information. .�, Proof of Ownership' including the deed and an updated Title Commitments for all properties • Information on any lien holders. A description of the project. • Names and mailing addresses of property owners within .200 ft. of the subject property. 5 Mineral rights ownership for the subject properties including mailing addresses. This cc, i should include a statement indicating how the Mineral Rights were researched in compliance with Section 4-103 • If the owner intends to have a representative complete the Applicationand processing then an authorization letter is needed. • A copy of this pre -application conference summary • The Proposed Plat showing the existing and proposed lots lines and any other changes affecting the lots. Ali easements- need to be shown on. the plat and all required certificates need to be included. .. ; 5 • 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. • Vicinity Map 5 • A demonstration of legal creation of all properties. The Application should include a waiver request from submittal of an Improvements Agreement. Reference to the waiver criteria in Section 4-118 should be included. T • Copies of any covenants affecting the property need to be provided or a submittal waiver requested. • The request should be consistent with all applicable provisions of Article 7, Divisions 1, 2, 3, and 4. The Application should include at a minimum representations that the amendment will not result in any changes to drainage, access, utility services, and any other applicable Subdivision and Article 7 topics. • Any other supporting information indicating that the change is consistent with the Rural zone district and relevant Subdivision Exemptions. The Application submittal needs to include 3 hard copies of the entire Application and 1 Digital PDF Copy of the entire Application (on a .CD or USB Stick). Both the paper and digital copies should be split into individual sections. Please refer to the pre -application summary for submittal requirements that are appropriate for your Application. IV. REVIEW PROCESS The review process shall following the steps contained in Table 5-103 and Section 4-103 for an Amended Final Plat and Administrative Review summarized as follows: Step 1: Pre- PtiCa -A �ircianthassr<rant#t F.ibolitap iirestien.. Step 2: Appift.ttlp Sep 3: CorripletcrEe„s iz'uiew rib buoi4sia mitTnearrpr*te, (5otiiys. Ip tott Iiiiyt R#1ere-ne Step 1: 5chedu1 Dec4.ian Date and Provide Notice *Marled tp'adjacent proparty owners.+ 6t�iin 2r3Q € �t arfd.►rtireral�,woo's at -toast 19 days prior to 'n tea to Step. 5: Referral 021 day:camnmortt podad Step 6: Evolution by Director 'CalI,up Perd sd- within ID days of DireCite 5 Decision 4ILIA .Pbst trust be signed by the. BOCt apd be retorded within 10' ' businesxdaysofapprovai. Public Hearing(s): X No Public Hearing (Directors Decision with notice per code) Planning Commission ^_Board of County Commissioners Board of Adjustment Referral Agencies: May include but is not limited to: Garfield County Surveyor, Garfield County Attorney, Garfield County Building Department, Garfield County Road and Bridge, Homeowners Association if any, affected utility providers and holders of easements on the property. V. APPLICATION REVIEW FEES Planning Review Fees: $100 Referral Agency Fees: $ (County Designated Engineer & Surveyor charge separately) Total Deposit: $100 (additional hours are billed at hourly rate of $40.50) General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. The case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review and makes a recommendation of approval, approval with conditions, or denial to the Director of the Community Development Department. Disclaimer 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 and is valid for period of 6. months: Pre -application Summary Prepared bv: November 30, 2018 Patrick Waller, Senior Planner Date MEMORANDUM TO: Staff FROM: County Attorney's Office DATE: June 24, 2014 RE: Mineral Interest Research Mineral interests may be severed from surface right interests in real property. Colorado revised statute 24-65.5-103 requires notification to mineral owners when a landowner applies for a land use designation by a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4- 101(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." It is the duty of the applicant to notify mineral interest owners. The following is a suggested process to research mineral interests: 1. Review the current ownership deed for the property (i.e. Warranty Deed, Special Warranty, Quit Claim Deed or Bargain and Sale Deed —NOT a Deed of Trust). The ownership deed is usually one or two pages. Is there a reservation of mineral interests on the ownership deed? Are there any exceptions to title? A deed may include a list of reservations that reference mineral owners or oil and gas leases. 2. Review your title insurance policy. Are there exceptions to title listed under Schedule B- II? If so, review for mineral interests that were reserved and oil and gas leases. 3. Check with the Assessor's office to determine if a mineral interest has been reserved from the subject property. The Assessor's office no longer documents the mineral reservation ownership for its tax roll records unless ownership has been proven. There are only a limited number of mineral owners who have provided such information to the Assessor's office so this may not provide any information, depending on your property, MEMO June 24, 20I4 Page 2 4. Research the legal description of the subject property with the Clerk and Recorder's computer. You can search the Section, Township, and Range of the subject property. You may find deeds for mineral interests for the subject property. 5. Research whether a Notice of Mineral Estate Ownership was filed for the 'subject property. On the Clerk and Recorder's computer, search under Filter (on the right hand side of the screen), General Recordings, Notice of' Mineral Estate Ownership for the subject property. b. If you find mineral interest owners as reservations on your deed, listed in your title insurance policy, from the Assessor's records or the Clerk and Recorder's computer, you need to determine whether these mineral interests were transferred by deed and recorded in the Clerk and Recorder's office. 7. Enter the name of the mineral interest owner as the Grantor in the Clerk and Recorder's computer to see if the mineral interest was transferred. If you find a transfer deed, you need to repeat this process to follow any transfer of the mineral interest to present days 8. Include.a description of your research process in your application and the name(s) and address(es) of the current mineral interest owner(s). Mineral Interest research can be a difficult and time consuming process. If you are unable to determine mineral rights ownership by yourself, consider hiring an attorney or landman. Attorneys and iandrnen specialize in determining mineral rights ownership, but they charge a fee for their services. 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. 1904023 Property Address. 2645 County Road 241, New Castle Tax Jnforniation Bookcliff Survey Services Inc. 136 East 3rd Street Rifle, CO 81650 Attn: Michael Langhorne Email: ml@bookcliffsurvey.com Closing Contacts Glenwood Springs office - 970-945-4444 Rifle office - 970-625-3300 Linda Gabossi - Linda@cwtrifle.com Denna Conwell - denna@cwtrifle.com Connie Rose Robertson - connie@cwtrifle.com Patti Reich - patti@cwtrifle.com COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 1904023 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) Proposed Insured: (b) ALTA LOAN POLICY (ALTA 6-17-06) Proposed Insured: N/A 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: Stephen Michael Neff 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 $250.00 COUNTERSIGNED: Pat-14-01c, P. !3unveil American Land Title Association Schedule A (Revd 6-06) Authorized Officer or Agent Valid Only if Schedule B and Cover Are Attached Issuing Agent: Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, CO 81650 File No. 1904023 EXHIBIT "A" A parcel of land situated in Lots 3 and 4, Section 7, Township 5 South, Range 90 West of the 6th Principal Meridian, Garfield County, Colorado, described as follows: Beginning at a point whence the West Quarter Corner of Section 18 of said Township and Range bears South 00E37'50" West 3880.67 feet; thence North 00E37'50" East 778.56 feet; thence South 89E57 30" East 812.66 feet; thence South 5001E18'00" Eeast 72.01 feet; thence North 03 21'00" East 46.84 feet; thence South 8937'30" East 460.18 feet; thence South OOC39'35" West 1458.36 feet; thence North 792-8 32" West 746.64 feet; thence North 35 E41'12" West 609.53 feet; thence North 7719'58" West 238.14 feet to the point of beginning. Also Includes: A parcel of land situated in Lot 4 of Section 7, Township 5 South, Range 90 West of the Sixth Principal Meridian, Garfield County, Colorado, also situated in a parcel of land described by Reception No. 296527 as filed in the Garfield County, Colorado records, lying Easterly of the Westerly line of said Section 7 and Southwesterly of a line partially described by Reception No. 285990 as filed in said County records, also being a line partially described by said Reception No. 296527, said parcel of land is more fully described as follows: Beginning at a point on the Westerly line of said Section 7, also being an angle point of said described lines; whence the West Quarter Comer of Section 18 of said Township and Range bears; South 00E37'50" West 3880.67 feet; thence South 77L 9'58" East 238.14 feet along said described lines; thence South 35E41'12" East along said described lines, 609.53 feet to a point in the center of a small irrigation ditch as now constructed and in place; thence North 54 12'47" West 721.82 feet to a point on the Westerly line of said Section 7; thence North 00E37'50" East along said Westerly line, 131.00 feet to the Point of Beginning. File No. 1904023 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 owners 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. 1904023 SCHEDULE B - SECTION 2 Schedule 13 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 December 16, 1909 as Reception No. 38377 . 10. Right of way for ditches and canals in place and in use. 11. Right of way for County Road No. 241. 12. Right of way for East Elk Creek. 13. Easement contained in instrument recorded October 8, 1951 as Reception No. 177344. 14. Garfield County Resolution No. 79-93 recorded August 9, 1979 as Reception No. 296399. 15. Right of way for Road contained in instrument recorded August 14, 1974 as Reception No. 296527, 16. Garfield County Resolution No. 81-52 recorded February 24, 1981 as Reception No. 312243. 17. Terms and conditions of Surface Use Agreement recorded April 18, 2017 as Reception No, 891403. 18. Reservation of all gravel and mineral rights in instrument recorded January 23, 2017 as Reception No. 887992 and rerecorded April 4, 2017 as Reception No. 890916 and any interest therein or assignments thereof. 19. Deed of Trust from Stephen Michael Neff to the Public Trustee of Garfield County for the use of SWBC Mortgage Corp., showing an original amount of $517,533.00, dated December 21, 2017 and recorded December 27, 2017 as Reception No. 901642. 20. 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.