HomeMy WebLinkAbout1.00 General Application MaterialsINDEX
1.Submittal Letter/Waiver Request
2.Application and Payment Agreement forms
3.Proof of Ownership - Deeds and Title Reports
4.Pre-Application Conference Summary
5.Vicinity Map
6.Amended Final Plat of Lots A & B, Carlson Exemption Subdivision
and Boundary Adjustment Map
7.Map and Names and mailing addresses of property owners within 200 feet
8.Certification of Mineral Owner Research
9.Letter of Explanation
10.Boundary Line Adjustment Affidavit
11.Quitclaim Deed to Caldwell
12.Quitclaim Deed to Tornare
Land Title Guarantee Company
Customer Distribution
PREVENT FRAUD - Please remember to call a member of our closing team when
initiating a wire transfer or providing wiring instructions.
Order Number:GW63019048 Date: 07/22/2022
Property Address:16478 HIGHWAY 82, CARBONDALE, CO 81623
PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS
For Closing Assistance For Title Assistance
Land Title Garfield County Title Team
901 GRAND AVENUE #202
GLENWOOD SPRINGS, CO 81601
(970) 945-2610 (Work)
(970) 945-4784 (Work Fax)
glenwoodresponse@ltgc.com
Attorney for Seller
GOLUBA & GOLUBA PC
Attention: NEIL GOLUBA
823 COOPER AVE
GLENWOOD SPRINGS, CO 81601
(970) 989-2605 (Work)
(970) 945-9143 (Work Fax)
golubapc@comcast.net
Delivered via: Electronic Mail
Land Title Guarantee Company
Estimate of Title Fees
Order Number:GW63019048 Date: 07/22/2022
Property Address:16478 HIGHWAY 82, CARBONDALE, CO 81623
Parties:A BUYER TO BE DETERMINED
JAMES MATTHEW CALDWELL ALSO KNOWN AS JAMES M. CALDWELL
Visit Land Title's Website at www.ltgc.com for directions to any of our offices.
Estimate of Title insurance Fees
"TBD" Commitment $265.00
Total $265.00
If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at
closing.
Thank you for your order!
Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants
conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal
assistance in order to fully understand and be aware of the implications of the effect of these documents on your
property.
Chain of Title Documents:
Garfield county recorded 12/30/2008 under reception no.
760763
Garfield county recorded 09/29/2006 under reception no.
708118
Plat Map(s):
Garfield county recorded 12/30/2008 under reception no.
760754
Property Address:
16478 HIGHWAY 82, CARBONDALE, CO 81623
1.Effective Date:
07/06/2022 at 5:00 P.M.
2.Policy to be Issued and Proposed Insured:
"TBD" Commitment
Proposed Insured:
A BUYER TO BE DETERMINED
$0.00
3.The estate or interest in the land described or referred to in this Commitment and covered herein is:
A FEE SIMPLE
4.Title to the estate or interest covered herein is at the effective date hereof vested in:
JAMES MATTHEW CALDWELL ALSO KNOWN AS JAMES M. CALDWELL
5.The Land referred to in this Commitment is described as follows:
A PARCEL OF LAND SITUATED IN THE NW1/4 OF SECTION 32, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF
THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER OF SECTION 32, A STONE IN PLACE; THENCE S 89°00'01" E A
DISTANCE OF 1635.57 FEET TO THE POINT OF BEGINNING; THENCE S 11°46'57" E A DISTANCE OF
449.87 FEET TO A REBAR AND CAP L.S. #14111 IN PLACE; THENCE S 01°10'29" W A DISTANCE OF 90.00
FEET TO A REBAR AND CAP L.S. #14111 IN PLACE; THENCE N 88°49'31" W A DISTANCE OF 200.00 FEET;
THENCE N 01°10'29" E A DISTANCE OF 90.00 FEET TO A #5 REBAR IN PLACE; THENCE N 11°53'27" W A
DISTANCE OF 449.44 FEET TO A POINT ON THE NORTHERLY LINE OF SAID SECTION 32; THENCE S
89°00'01" E ALONG THE NORTHERLY LINE OF SAID SECTION 32 A DISTANCE OF 200.73 FEET TO THE
POINT OF BEGINNING
TOGETHER WITH:
A PARCEL OF LAND SITUATED IN THE NW 1/4 OF SECTION 32, TOWNSHIP 7 SOUTH, RANGE 87 WEST
OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER OF SECTION 32, A STONE IN PLACE; THENCE NORTH
89°00'01" WEST A DISTANCE OF 2037.03 FEET TO POINT ON THE EASTERLY BOUNDARY OF THAT
PROPERTY DESCRIBED IN RECEPTION NO. 316866; THENCE SOUTH 11°53'27" EAST ALONG SAID
EASTERLY BOUNDARY A DISTANCE OF 449.44 FEET TO A #5 REBAR IN PLACE, THE POINT OF
BEGINNING, THENCE LEAVING SAID EASTERLY BOUNDARY SOUTH 01°10'29" WEST A DISTANCE OF
90.00 FEET TO A REBAR AND CAP LS. NO. 19598 FOUND IN PLACE; THENCE NORTH 88°49'31" WEST A
DISTANCE OF 13.80 FEET TO A POINT ON THE EASTERLY BOUNDARY OF A 30.00 FOOT ACCESS
EASEMENT RECORDED AS TO AN UNDIVIDED RECEPTION NO. 325595; THENCE ALONG SAID
EASTERLY BOUNDARY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 173.18 FEET,
A CENTRAL ANGLE OF 19°52'00" A DISTANCE OF 60.05 FEET (CHORD BEARS NORTH 35°44'02" WEST A
DISTANCE OF 59.75 FEET); THENCE NORTH 51°02'14" WEST A DISTANCE OF 69.56 FEET; THENCE
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:GW63019048
Copyright 2006-2022 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the
American Land Title Association.
SOUTH 88°36' 26" EAST ALONG SAID SOUTHERN BOUNDARY A DISTANCE OF 104.68 FEET TO TO THE
POINT OF BEGINNING.
ALSO KNOW AS:
TRANSFER PARCEL OF THE SNOW COUNTRY INVESTMENTS II, LLC / CALDWELL BOUNDARY LINE
ADJUSTMENT PLAT RECORDED DECEMBER 30, 2008 AS RECEPTION NO. 760754.
COUNTY OF GARFIELD
STATE OF COLORADO
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:GW63019048
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: GW63019048
All of the following Requirements must be met:
This 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.
Pay the agreed amount for the estate or interest to be insured.
Pay the premiums, fees, and charges for the Policy to the Company.
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 COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO.
This commitment does not republish any covenants, condition, restriction, or limitation contained in any
document referred to in this commitment to the extent that the specific covenant, conditions, restriction,
or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender
identity, handicap, familial status, or national origin.
1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land and 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 of the proposed
insured acquires of record for value the estate or interest or mortgage thereon covered by this
Commitment.
6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public
agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the Public Records.
7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
8.RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM,
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AS
RESERVED IN UNITED STATES PATENT RECORDED MAY 2, 1923 IN BOOK 73 AT PAGE 167.
9.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES, AS RESERVED IN UNITED STATES PATENT RECORDED MAY 2, 1923 IN BOOK 73 AT PAGE 167.
10.RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM,
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED AS
RESERVED IN UNITED STATES PATENT RECORDED JANUARY 18, 1911 IN BOOK 73 AT PAGE 37.
11.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES, AS RESERVED IN UNITED STATES PATENT RECORDED JANUARY 18, 1911 IN BOOK 73 AT
PAGE 37.
12.RESERVATION OF 2/3 OF ALL MINERALS AND MINERAL RIGHTS INCLUDING OIL AND GAS AS
CONTAINED IN DEED, RECORDED NOVEMBER 14, 1960 IN BOOK 331 AT PAGE 65.
13.EASEMENTS AND RIGHTS OF WAY FOR THE FOLLOWING DITCHES SAME MAY AFFECT SUBJECT
PROPERTY, PATTERSON AND CUMMINGS DITCH.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: GW63019048
14.TERMS, CONDITIONS, OBLIGATIONS AND RESTRICTIONS AS CONTAINED IN DECLARATION,
RECORDED SEPTEMBER 16, 1970 IN BOOK 413 AT PAGE 193, MODIFIED BY INSTRUMENT RECORDED
MARCH 7, 1972 IN BOOK 428 AT PAGE 61, AND MODIFIED BY AGREEMENT, RECORDED AUGUST 30,
1978 IN BOOK 514 AT PAGE 871.
15.TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED FEBRUARY 18,
1972 IN BOOK 427 AT PAGE 290.
16.TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED MARCH 31, 1972 IN
BOOK 428 AT PAGE 539.
17.TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED OCTOBER 22, 1975
IN BOOK 479 AT PAGE 875.
18.RIGHT OF WAY EASEMENT, AS GRANTED TO MOUNTAIN STATES TELEPHONE AND TELEGRAPH
COMPANY BY DOCUMENT RECORDED NOVEMBER 20, 1975 IN BOOK 480 AT PAGE 770.
19.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 81-124 RECORDED MAY 07, 1981 IN
BOOK 571 AT PAGE 26.
20.THE RIGHTS OF ENTRY AS GRANTED BY DOCUMENTS, RECORDED SEPTEMBER 2, 1981 IN BOOK 580
AT PAGE 430, AND SEPTEMBER 14, 1981 IN BOOK 581 AT PAGE 213.
21.WATER LINE AND WELL EASEMENT, AS SHOWN BY THE DOCUMENT RECORDED MARCH 12, 1982 IN
BOOK 594 AT PAGE 432.
22.ACCESS EASEMENT, BEING 30 FEET IN WIDTH ACROSS SUBJECT PROPERTY AS SET FORTH IN
DOCUMENT, RECORDED MARCH 15, 1982 IN BOOK 594 AT PAGE 591.
23.RIGHT-OF-WAY EASEMENT BY BAILEY R. STERRETT ET AL., TO HOLY CROSS ELECTRIC
ASSOCIATION, INC., RECORDED JUNE 4, 1985 IN BOOK 669 AT PAGE 905.
24.EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED JANUARY 21, 1992 IN
BOOK 822 AT PAGE 73.
25.EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED JULY 24, 1995 IN
BOOK 947 AT PAGE 496.
26.EACH AND EVERY RIGHT OF ACCESS AS CONVEYED IN INSTRUMENT RECORDED IN INSTRUMENT
RECORDED JUNE 22, 1992 IN BOOK 834 AT PAGE 574, AND IN INSTRUMENT JULY 24, 1995 IN BOOK 947
AT PAGE 493.
27.TERMS, CONDITIONS AND PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN WELL
AGREEMENT RECORDED MARCH 10, 1998 IN BOOK 1056 AT PAGE 926.
28.TERMS, CONDITIONS AND PROVISIONS OF WELL AGREEMENT RECORDED JUNE 05, 1995 IN BOOK 943
AT PAGE 115.
29.EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED OCTOBER 20, 1998 IN
BOOK 1093 AT PAGE 683 AND AT PAGE 690.
30.TERMS, CONDITIONS AND PROVISIONS OF DEED RECORDED SEPTEMBER 29, 2006 UNDER
RECEPTION NO. 708118.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: GW63019048
31.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT
OF SNOW COUNTRY INVESTMENTS II, LLC / CALDWELL BOUNDARY LINE ADJUSTMENT PLAT
RECORDED RECORDED DECEMBER 30, 2008 AT RECEPTION NO. 760754.
32.TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE ADJUSTMENT RECORDED DECEMBER
31, 2008 UNDER RECEPTION NO. 760893.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: GW63019048
LAND TITLE GUARANTEE COMPANY
DISCLOSURE STATEMENTS
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
Note: Effective September 1, 1997, CRS 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, except that,
the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or
filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters
which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for
recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title
Guarantee Company 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.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of
Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following
conditions:
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
The Subject real property may be located in a special taxing district.(A)
A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in
which the real property is located or that county treasurer's authorized agent unless the proposed insured provides
written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real
property).
(B)
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.
(C)
The land described in Schedule A of this commitment must be a single family residence which includes a
condominium or townhouse unit.
(A)
No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land
described in Schedule A of this Commitment within the past 6 months.
(B)
The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and
material-men's liens.
(C)
The Company must receive payment of the appropriate premium.(D)
If there has been construction, improvements or major repairs undertaken on the property to be purchased within
six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include:
disclosure of certain construction information; financial information as to the seller, the builder and or the
contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company,
and, any additional requirements as may be necessary after an examination of the aforesaid information by the
Company.
(E)
Note: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface
estate, in Schedule B-2.
Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may
include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance
company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for
the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award
payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of
Regulatory Agencies.
Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing
protection letter for the lender, purchaser, lessee or seller in connection with this transaction.
Note: Pursuant to CRS 10-1-11(4)(a)(1), Colorado notaries may remotely notarize real estate deeds and other
documents using real-time audio-video communication technology. You may choose not to use remote notarization for
any document.
That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the
surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and
(A)
That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
(B)
JOINT NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY,
LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY
LAND TITLE INSURANCE CORPORATION AND
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance
Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state
privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence
is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized
access to your non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
applications or other forms we receive from you, including communications sent through TMX, our web-based
transaction management system;
your transactions with, or from the services being performed by us, our affiliates, or others;
a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
The public records maintained by governmental entities that we obtain either directly from those entities, or from
our affiliates and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows:
We restrict access to all Personal Information about you to those employees who need to know that information in
order to provide products and services to you.
We may share your Personal Information with affiliated contractors or service providers who provide services in the
course of our business, but only to the extent necessary for these providers to perform their services and to
provide these services to you as may be required by your transaction.
We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your
Personal Information from unauthorized access or intrusion.
Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action.
We regularly assess security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT
IS NOT STATED ABOVE OR PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We
may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for
example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your
Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is
needed to enforce our rights arising out of any agreement, transaction or relationship with you.
Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy
policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration
Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof.
Commitment For Title Insurance
Issued by Old Republic National Title Insurance Company
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER
REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING
ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND
CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN
ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE
CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. .
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance
Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is
effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the
specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met
within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end.
COMMITMENT CONDITIONS
1. DEFINITIONS
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates
and the Company’s liability and obligation end.
3. The Company’s liability and obligation is limited by and this Commitment is not valid without:
4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or
other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The
Company shall not be liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
i. comply with the Schedule B, Part I—Requirements;
ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
“Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a)
“Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any
property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues,
alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
(b)
“Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c)
“Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company
pursuant to this Commitment.
(d)
“Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e)
“Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this
Commitment.
(f)
“Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters
relating to real property to purchasers for value and without Knowledge.
(g)
“Title”: The estate or interest described in Schedule A.(h)
the Notice;(a)
the Commitment to Issue Policy;(b)
the Commitment Conditions;(c)
Schedule A;(d)
Schedule B, Part I—Requirements; and(e)
Schedule B, Part II—Exceptions; and(f)
a counter-signature by the Company or its issuing agent that may be in electronic form.(g)
The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the
Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed
Insured’s good faith reliance to:
(a)
The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the
matter and did not notify the Company about it in writing.
(b)
The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the
Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
(c)
The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment
Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(d)
The Company shall not be liable for the content of the Transaction Identification Data, if any.(e)
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the
Company’s agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma
policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at
http://www.alta.org/arbitration.
IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown
in Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
Issued by:
Land Title Guarantee Company
3033 East First Avenue Suite 600
Denver, Colorado 80206
303-321-1880
Craig B. Rants, Senior Vice President
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II
—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are
prohibited. Reprinted under license from the American Land Title Association.
In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements
have been met to the satisfaction of the Company.
(f)
In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g)
Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a)
Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b)
Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject
matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral,
express or implied, relating to the subject matter of this Commitment.
(c)
The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the
terms and provisions of this Commitment or the Policy.
(d)
Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e)
When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f)
Land Title Guarantee Company
Customer Distribution
PREVENT FRAUD - Please remember to call a member of our closing team when
initiating a wire transfer or providing wiring instructions.
Order Number:GW63019050 Date: 07/27/2022
Property Address:TBD CARBONDALE, CARBONDALE, CO 81623
PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS
For Closing Assistance For Title Assistance
Land Title Garfield County Title Team
901 GRAND AVENUE #202
GLENWOOD SPRINGS, CO 81601
(970) 945-2610 (Work)
(970) 945-4784 (Work Fax)
glenwoodresponse@ltgc.com
Agent for Seller
GOLUBA & GOLUBA PC
Attention: NEIL GOLUBA
823 COOPER AVE
GLENWOOD SPRINGS, CO 81601
(970) 989-2605 (Work)
(970) 945-9143 (Work Fax)
golubapc@comcast.net
Delivered via: Electronic Mail
Land Title Guarantee Company
Estimate of Title Fees
Order Number:GW63019050 Date: 07/27/2022
Property Address:TBD CARBONDALE, CARBONDALE, CO 81623
Parties:A BUYER TO BE DETERMINED
HUNTER CREEK GROUP INC., A COLORADO
CORPORATION
Visit Land Title's Website at www.ltgc.com for directions to any of our offices.
Estimate of Title insurance Fees
"TBD" Commitment $265.00
Total $265.00
If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at
closing.
Thank you for your order!
Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants
conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal
assistance in order to fully understand and be aware of the implications of the effect of these documents on your
property.
Chain of Title Documents:
Garfield county recorded 07/01/2019 under reception no.
922357
Garfield county recorded 11/09/2018 under reception no.
913961
Garfield county recorded 02/25/2016 under reception no.
874088
Property Address:
TBD CARBONDALE, CARBONDALE, CO 81623
1.Effective Date:
07/08/2022 at 5:00 P.M.
2.Policy to be Issued and Proposed Insured:
"TBD" Commitment
Proposed Insured:
A BUYER TO BE DETERMINED
$0.00
3.The estate or interest in the land described or referred to in this Commitment and covered herein is:
A FEE SIMPLE
4.Title to the estate or interest covered herein is at the effective date hereof vested in:
HUNTER CREEK GROUP INC., A COLORADO CORPORATION
5.The Land referred to in this Commitment is described as follows:
A TRACT OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 7 SOUTH,
RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO,
TO WIT;
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 32, FROM WHENCE THE
NORTHWEST CORNER OF THE SAID SECTION 32 BEARS N88°58'14"W, 2715.95 FEET DISTANT, WITH
ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE, N88°58'14" W, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SAID
SECTION 32, A DISTANCE OF 1496.39 FEET TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND
DESCRIBED IN THAT COURT DECREE NUMBERED 10 CV 122, DATED AUGUST 17, 2016 IN THE PUBLIC
RECORDS OF THE SAID COUNTY, THE SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE S 01°10'20" W, ALONG THE EASTERLY BOUNDARY LINE OF THE SAID PARCEL OF LAND
(DECREE 10 CV 122) A DISTANCE OF 694.75 FEET TO THE SOUTHEAST CORNER THEREOF;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE SOUTHERLY BOUNDARY LINE
OF THE SAID PARCEL THE FOLLOWING SIX (6) COURSES:
1. N 88°38'41" W, A DISTANCE OF 30.02 FEET;
2. N 79°06'01" W, A DISTANCE OF 149.06 FEET;
3. N 85°21'36" W, A DISTANCE OF 48.45 FEET;
4. N 75°32'48" W A DISTANCE OF 91.32 FEET;
5. N 78°15'49" W, A DISTANCE OF 72.99 FEET;
6. N 78°59'39" W, A DISTANCE OF 85.56 FEET TO A POINT ON THE EASTERLY BOUNDARY LINE OF THAT
PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 802474 IN THE PUBLIC RECORDS OF THE SAID
COUNTY;
THENCE N 01°48'43" E, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE EASTERLY
BOUNDARY LINE OF THE SAID PARCEL OF LAND (REC. NO. 802474) A DISTANCE OF 61.45 FEET;
THENCE, N 04°38'58" W, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE EASTERLY
BOUNDARY LINE OF THE SAID PARCEL OF LAND (REC. NO. 802474) A DISTANCE OF 7.24 FEET;
THENCE, N 62°06'03" W, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE EASTERLY
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:GW63019050
Copyright 2006-2022 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the
American Land Title Association.
BOUNDARY LINE OF THE SAID PARCEL OF LAND (REC. NO. 802474) A DISTANCE OF 242.72 FEET TO A
POINT ON THE SOUTHERLY OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 314603 IN
THE PUBLIC RECORDS OF THE SAID COUNTY;
THENCE, S 88°48'46" E, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE SOUTHERLY
BOUNDARY LINE OF THE SAID PARCEL OF LAND (REC. NO.314603) A DISTANCE OF 143.34 FEET TO
THE NORTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 760754 IN
THE PUBLIC RECORDS OF THE SAID COUNTY;
THENCE, S 51°02'03" E, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE WESTERLY
BOUNDARY LINE OF THE SAID PARCEL OF LAND REC. NO. 760754) A DISTANCE OF 69.58 FEET TO A
POINT OF CURVATURE;
THENCE, DEPARTING FROM THE AFORESAID COURSE AND CONTINUING ALONG THE WESTERLY
BOUNDARY LINE OF THE SAID PARCEL OF LAND (REC.NO. 760754) 60.05 FEET ALONG THE ARC OF A
CURVE TURNING TO THE RIGHT, WHOSE RADIUS IS 173.18 FEET, (LONG CHORD BEARS S 35°44'17" E,
59.75 FEET) TO THE SOUTHWEST CORNER THEREOF;
THENCE, S 88°52'51" E, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE SOUTHERLY
BOUNDARY LINE OF THE SAID PARCEL OF LAND (REC. NO. 760754) A DISTANCE OF 13.75 FEET TO THE
SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 314989 IN THE
PUBLIC RECORDS OF THE SAID COUNTY;
THENCE, S 88°50'57" E, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE SOUTHERLY
BOUNDARY LINE OF THE SAID PARCEL OF LAND (REC.NO. 314989) A DISTANCE OF 199.91 FEET TO
THE SOUTHEAST CORNER THEREOF;
THENCE, N 01°15'43" E, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE EASTERLY
BOUNDARY LINE OF THE SAID PARCEL OF LAND (REC.NO. 314989) A DISTANCE OF 89.90 FEET;
THENCE, N 11°46'57" W, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE EASTERLY
BOUNDARY LINE LINE OF THE SAID PARCEL OF LAND (REC. NO. 314989) A DISTANCE OF 450.84 FEET
TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SAID SECTION 32 FROM
WHENCE THE NORTHWEST CORNER OF THE SAID SECTION 32 BEARS N 88°58'14"W, 879.44 FEET
DISTANT;
THENCE, S 88°58'14" E, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE NORTH LINE OF
THE NORTHWEST QUARTER OF THE SAID SECTION 32, A DISTANCE OF 340.12 FEET TO THE POINT OF
BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
COUNTY OF GARFIELD
STATE OF COLORADO
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:GW63019050
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: GW63019050
All of the following Requirements must be met:
This 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.
Pay the agreed amount for the estate or interest to be insured.
Pay the premiums, fees, and charges for the Policy to the Company.
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.
NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES
ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE
SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY
AMENDMENTS THERETO.
This commitment does not republish any covenants, condition, restriction, or limitation contained in any
document referred to in this commitment to the extent that the specific covenant, conditions, restriction,
or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender
identity, handicap, familial status, or national origin.
1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land and 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 of the proposed
insured acquires of record for value the estate or interest or mortgage thereon covered by this
Commitment.
6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public
agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the Public Records.
7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
8.EXISTING LEASES AND TENANCIES, IF ANY.
9.RIGHTS OF THE PUBLIC IN AND TO THE USE OF CO-82, WHICH TRAVERSES SUBJECT PARCELS, AS
EVIDENCED BY SNOW COUNTRY INVESTMENTS II, LLC/CALDWELL BOUNDARY LINE ADJUSTMENT
PLAT RECORDED DECEMBER 30, 2008 UNDER RECEPTION NO. 760745.
10.RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM,
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AS
RESERVED IN UNITED STATES PATENT RECORDED MAY 2, 1923 IN BOOK 73 AT PAGE 167.
11.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES, AS RESERVED IN UNITED STATES PATENT RECORDED MAY 2, 1923 IN BOOK 73 AT PAGE 167.
12.RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM,
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED AS
RESERVED IN UNITED STATES PATENT RECORDED JANUARY 18, 1911 IN BOOK 73 AT PAGE 37.
13.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES, AS RESERVED IN UNITED STATES PATENT RECORDED JANUARY 18, 1911 IN BOOK 73 AT
PAGE 37.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: GW63019050
14.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES, AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 22, 1965 IN BOOK 367 AT PAGE
147.
15.ALL THE OIL, GAS, SODIUM AND POTASH IN THE LAND SO PATENTED AND TO IT OR PERSONS
AUTHORIZED BY IT, THE RIGHT TO PROSPECT FOR, MINE AND REMOVE SUCH DEPOSITS FROM THE
SAME UPON COMPLIANCE WITH THE CONDITIONS AND SUBJECT TO THE PROVISIONS AND
LIMITATIONS OF THE ACT OF JULY 17, 1914 (38 STAT. 509), AS AMENDED BY ACT OF MARCH 4, 1933
(47 STAT. 1570) AS CONTAINED IN PATENT RECORDED JUNE 22, 1965 IN BOOK 367 AT PAGE 147.
16.RESERVATION OF 2/3 OF ALL MINERALS AND MINERAL RIGHTS INCLUDING OIL AND GAS AS
CONTAINED IN DEED, RECORDED NOVEMBER 14, 1960 IN BOOK 331 AT PAGE 65.
17.EASEMENTS AND RIGHTS OF WAY FOR THE FOLLOWING DITCHES SAME MAY AFFECT SUBJECT
PROPERTY
PATTERSON AND CUMMINGS DITCH
CUMMINGS DITCH
PATTERSON DITCH
PATTERSON WASTE WATER DITCH
18.RESERVATION OF A 25' LENGTH OF OPEN WATER ALONG BLUE CREEK, AS DISCLOSED BY DEED
RECORDED MAY 6, 1954, IN BOOK 276 AT PAGE 293, THE SPECIFIC LOCATION OF WHICH IS NOT
DEFINED.
19.EASEMENT GRANTED TO ROARING FORK BAPTIST CHURCH 20' IN WIDTH IN DEED, RECORDED
SEPTEMBER 16, 1970 IN BOOK 413 AT PAGE 199. THE SPECIFIC LOCATION OF WHICH IS NOT DEFINED.
20.TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED MARCH 31, 1972 IN
BOOK 428 AT PAGE 539.
21.TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED FEBRUARY 18,
1972 IN BOOK 427 AT PAGE 290.
22.TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED OCTOBER 22, 1975
IN BOOK 479 AT PAGE 875.
23.RIGHT OF WAY EASEMENT, AS GRANTED TO MOUNTAIN STATES TELEPHONE AND TELEGRAPH
COMPANY BY DOCUMENT RECORDED NOVEMBER 20, 1975 IN BOOK 480 AT PAGE 770.
24.THE RIGHTS OF ENTRY AS GRANTED BY DOCUMENTS, RECORDED SEPTEMBER 2, 1981 IN BOOK 580
AT PAGE 430, AND SEPTEMBER 14, 1981 IN BOOK 581 AT PAGE 213.
25.WATER LINE AND WELL EASEMENT, AS SHOWN BY THE DOCUMENT RECORDED MARCH 12, 1982 IN
BOOK 594 AT PAGE 432.
26.ACCESS EASEMENT, BEING 30 FEET IN WIDTH ACROSS SUBJECT PROPERTY AS SET FORTH IN
DOCUMENT, RECORDED MARCH 15, 1982 IN BOOK 594 AT PAGE 591.
27.RIGHT-OF-WAY EASEMENT BY BAILEY R. STERRETT ET AL., TO HOLY CROSS ELECTRIC
ASSOCIATION, INC., RECORDED JUNE 4, 1985 IN BOOK 669 AT PAGE 905.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: GW63019050
28.TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED FEBRUARY 14,
1992 IN BOOK 823 AT PAGE 719.
29.TERMS, CONDITIONS AND PROVISIONS OF PERMANENT EASEMENT RECORDED FEBRUARY 03, 1992
IN BOOK 822 AT PAGE 850.
30.EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED JANUARY 21, 1992 IN
BOOK 822 AT PAGE 73.
31.EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED MARCH 25, 1992 IN
BOOK 826 AT PAGE 730.
32.EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED JUNE 22, 1992 IN
BOOK 834 AT PAGE 578.
RELEASE OF INTEREST IN REAL PROPERTY IN CONNECTION THERETO RECORDED MAY 13, 2013
UNDER RECEPTION NO. 834873.
33.EACH AND EVERY RIGHT OF ACCESS AS CONVEYED IN INSTRUMENT RECORDED JULY 24, 1995 IN
BOOK 947 AT PAGE 493 AND IN INSTRUMENT RECORDED JUNE 22, 1992 IN BOOK 834 AT PAGE 574.
34.EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED JULY 24, 1995 IN
BOOK 947 AT PAGE 496.
35.TERMS, CONDITIONS AND PROVISIONS OF WELL AGREEMENT RECORDED JUNE 05, 1995 IN BOOK 943
AT PAGE 115.
36.TERMS, CONDITIONS AND PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN WELL
AGREEMENT RECORDED MARCH 10, 1998 IN BOOK 1056 AT PAGE 926.
37.EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED OCTOBER 20, 1998 IN
BOOK 1093 AT PAGE 683 AND AT PAGE 690.
38.EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INS RECORDED MAY 11, 2006 AT RECEPTION
NO. 697634.
39.EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED SEPTEMBER 29, 2006
AT RECEPTION NO. 708118.
40.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2008-PC02 RECORDED MAY 30, 2008 AT
RECEPTION NO. 749479.
41.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT
OF BOUNDARY LINE ADJUSTMENT PLAT RECORDED DECEMBER 30, 2008 UNDER RECEPTION NO.
760754.
42.TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE ADJUSTMENT RECORDED DECEMBER
31, 2008 AT RECEPTION NO. 760893.
43.TERMS, CONDITIONS AND PROVISIONS OF ORDER RECORDED NOVEMBER 09, 2018 UNDER
RECEPTION NO. 913961.
44.TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF WATER ALLOTMENT CONTRACT
RECORDED SEPTEMBER 29, 2020 UNDER RECEPTION NO. 942822.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: GW63019050
45.FINANCING STATEMENT WITH ALPINE BANK, THE SECURED PARTY, RECORDED SEPTEMBER 29,
2020, AT RECEPTION NO. 942821.
46.DEED OF TRUST DATED SEPTEMBER 29, 2020, FROM ROARING FORK RANCH LLC, A COLORADO
LIMITED LIABILITY COMPANY AS TO PARCEL A AND HUNTER CREEK GROUP INC., A COLORADO
CORPORATION AS TO PARCEL B TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY, COLORADO FOR
THE USE OF ALPINE BANK TO SECURE THE SUM OF $650,000.00 RECORDED SEPTEMBER 29, 2020,
UNDER RECEPTION NO. 942819.
47.JUDGMENT IN FAVOR OF WAGNER EQUIPMENT CO IN THE AMOUNT OF $13,994.11 PLUS COURT
COSTS, ENTERED MARCH 31, 2022 TRANSCRIPT OF WHICH WAS RECORDED APRIL 08, 2022 UNDER
RECEPTION NO. 973242.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: GW63019050
LAND TITLE GUARANTEE COMPANY
DISCLOSURE STATEMENTS
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
Note: Effective September 1, 1997, CRS 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, except that,
the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or
filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters
which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for
recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title
Guarantee Company 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.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of
Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following
conditions:
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
The Subject real property may be located in a special taxing district.(A)
A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in
which the real property is located or that county treasurer's authorized agent unless the proposed insured provides
written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real
property).
(B)
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.
(C)
The land described in Schedule A of this commitment must be a single family residence which includes a
condominium or townhouse unit.
(A)
No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land
described in Schedule A of this Commitment within the past 6 months.
(B)
The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and
material-men's liens.
(C)
The Company must receive payment of the appropriate premium.(D)
If there has been construction, improvements or major repairs undertaken on the property to be purchased within
six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include:
disclosure of certain construction information; financial information as to the seller, the builder and or the
contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company,
and, any additional requirements as may be necessary after an examination of the aforesaid information by the
Company.
(E)
Note: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface
estate, in Schedule B-2.
Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may
include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance
company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for
the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award
payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of
Regulatory Agencies.
Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing
protection letter for the lender, purchaser, lessee or seller in connection with this transaction.
Note: Pursuant to CRS 10-1-11(4)(a)(1), Colorado notaries may remotely notarize real estate deeds and other
documents using real-time audio-video communication technology. You may choose not to use remote notarization for
any document.
That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the
surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and
(A)
That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
(B)
JOINT NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY,
LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY
LAND TITLE INSURANCE CORPORATION AND
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance
Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state
privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence
is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized
access to your non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
applications or other forms we receive from you, including communications sent through TMX, our web-based
transaction management system;
your transactions with, or from the services being performed by us, our affiliates, or others;
a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
The public records maintained by governmental entities that we obtain either directly from those entities, or from
our affiliates and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows:
We restrict access to all Personal Information about you to those employees who need to know that information in
order to provide products and services to you.
We may share your Personal Information with affiliated contractors or service providers who provide services in the
course of our business, but only to the extent necessary for these providers to perform their services and to
provide these services to you as may be required by your transaction.
We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your
Personal Information from unauthorized access or intrusion.
Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action.
We regularly assess security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT
IS NOT STATED ABOVE OR PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We
may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for
example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your
Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is
needed to enforce our rights arising out of any agreement, transaction or relationship with you.
Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy
policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration
Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof.
Commitment For Title Insurance
Issued by Old Republic National Title Insurance Company
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER
REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING
ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND
CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN
ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE
CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. .
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance
Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is
effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the
specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met
within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end.
COMMITMENT CONDITIONS
1. DEFINITIONS
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates
and the Company’s liability and obligation end.
3. The Company’s liability and obligation is limited by and this Commitment is not valid without:
4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or
other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The
Company shall not be liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
i. comply with the Schedule B, Part I—Requirements;
ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
“Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a)
“Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any
property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues,
alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
(b)
“Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c)
“Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company
pursuant to this Commitment.
(d)
“Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e)
“Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this
Commitment.
(f)
“Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters
relating to real property to purchasers for value and without Knowledge.
(g)
“Title”: The estate or interest described in Schedule A.(h)
the Notice;(a)
the Commitment to Issue Policy;(b)
the Commitment Conditions;(c)
Schedule A;(d)
Schedule B, Part I—Requirements; and(e)
Schedule B, Part II—Exceptions; and(f)
a counter-signature by the Company or its issuing agent that may be in electronic form.(g)
The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the
Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed
Insured’s good faith reliance to:
(a)
The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the
matter and did not notify the Company about it in writing.
(b)
The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the
Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
(c)
The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment
Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(d)
The Company shall not be liable for the content of the Transaction Identification Data, if any.(e)
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the
Company’s agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma
policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at
http://www.alta.org/arbitration.
IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown
in Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
Issued by:
Land Title Guarantee Company
3033 East First Avenue Suite 600
Denver, Colorado 80206
303-321-1880
Craig B. Rants, Senior Vice President
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II
—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are
prohibited. Reprinted under license from the American Land Title Association.
In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements
have been met to the satisfaction of the Company.
(f)
In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g)
Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a)
Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b)
Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject
matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral,
express or implied, relating to the subject matter of this Commitment.
(c)
The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the
terms and provisions of this Commitment or the Policy.
(d)
Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e)
When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f)
Land Title Guarantee Company
Customer Distribution
PREVENT FRAUD - Please remember to call a member of our closing team when
initiating a wire transfer or providing wiring instructions.
Order Number:GW63019049 Date: 07/25/2022
Property Address:16476 HIGHWAY 82, CARBONDALE, CO 81623
PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS
For Closing Assistance For Title Assistance
Land Title Garfield County Title Team
901 GRAND AVENUE #202
GLENWOOD SPRINGS, CO 81601
(970) 945-2610 (Work)
(970) 945-4784 (Work Fax)
glenwoodresponse@ltgc.com
Agent for Seller
GOLUBA & GOLUBA PC
Attention: NEIL GOLUBA
823 COOPER AVE
GLENWOOD SPRINGS, CO 81601
(970) 989-2605 (Work)
(970) 945-9143 (Work Fax)
golubapc@comcast.net
Delivered via: Electronic Mail
Land Title Guarantee Company
Estimate of Title Fees
Order Number:GW63019049 Date: 07/25/2022
Property Address:16476 HIGHWAY 82, CARBONDALE, CO
81623
Parties:A BUYER TO BE DETERMINED
RENE TORNARE
Visit Land Title's Website at www.ltgc.com for directions to any of our offices.
Estimate of Title insurance Fees
"TBD" Commitment $265.00
Total $265.00
If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at
closing.
Thank you for your order!
Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants
conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal
assistance in order to fully understand and be aware of the implications of the effect of these documents on your
property.
Chain of Title Documents:
Garfield county recorded 10/03/2013 under reception no.
841495
Property Address:
16476 HIGHWAY 82, CARBONDALE, CO 81623
1.Effective Date:
07/07/2022 at 5:00 P.M.
2.Policy to be Issued and Proposed Insured:
"TBD" Commitment
Proposed Insured:
A BUYER TO BE DETERMINED
$0.00
3.The estate or interest in the land described or referred to in this Commitment and covered herein is:
A FEE SIMPLE AS TO PARCEL A AND AN EASEMENT INTEREST AS TO PARCEL B
4.Title to the estate or interest covered herein is at the effective date hereof vested in:
RENE TORNARE
5.The Land referred to in this Commitment is described as follows:
PARCEL A:
A PARCEL OF LAND SITUATED IN GOVERNMENT LOTS 4 AND 5 OF SECTION 32, TOWNSHIP 7 SOUTH,
RANGE 87 WEST OF THE 6TH P.M., GARFIELD COUNTY, COLORADO, LYING SOUTHERLY OF AND
ADJACENT TO THE NORTHERLY BOUNDARY LINE OF SAID LOT 4 AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT N THE NORTHERLY BOUNDARY LINE OF SAID LOT 4 WHENCE A STONE
CORNER FOUND IN PLACE FOR THE WITNESS CORNER TO THE NORTHWEST CORNER OF SAID
SECTION 32 BEARS S 89 DEGREES 49' 14" W 1136.06 FEET;THENCE N 89 DEGREES 49' 14" E 202.49
FEET ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT 4; THENCE S 12 DEGREES 58' 30" E
450.63 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF SAID LOT 4; THENCE WEST 301.40
FEET ALONG THE SOUTHERLY BOUNDARY LINE OF SAID LOT 4; THENCE N 00 DEGREES 17' 59" W
438.92 FEET TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
PARCEL B:
A NON-EXCLUSIVE ACCESS EASEMENT DESCRIBED AS FOLLOWS:
A STRIP OF LAND 30 FEET IN WIDTH TO BE USED AS AN ACCESS ROAD LOCATED IN GOVERNMENT
LOTS 4 AND 5, SECTION 32 AND LOT 1, SECTION 31, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE
SIXTH PRINCIPAL MERIDIAN, LYING NORTHERLY OF THE NORTHERLY RIGHT-OF-WAY OF STATE
HIGHWAY 82, AND WESTERLY OF THE EASTERLY 306.5 FEET OF SAID LOT 5, BEING 15 FEET ON
EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE WITNESS CORNER TO THE NORTHEAST CORNER OF SAID SECTION 31, A ROCK IN
PLACE; THENCE S 42°14'22" E, 2121.85 FEET TO A POINT ON SAID RIGHT-OF-WAY, THE CENTERLINE
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:GW63019049
Copyright 2006-2022 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the
American Land Title Association.
OF SAID ACCESS ROAD, THE "TRUE" POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY, N
00°17'28" W, 718.32 FEET ALONG SAID CENTERLINE; THENCE N 00°58'33" E, 238.00 FEET ALONG SAID
CENTERLINE; THENCE 196.08 FEET ALONG A CURVE TO THE LEFT, ALONG SAID CENTERLINE, HAVING
A RADIUS OF 158.18 FEET AND CHORD OF WHICH BEARS N 34°32'05" W, 183.76 FEET; THENCE 194.59
FEET ALONG A CURVE TO THE LEFT, ALONG SAID CENTERLINE, HAVING A RADIUS OF 709.38 FEET
AND CHORD OF WHICH BEARS N 77°54'12" W, 193.98 FEET; THENCE N 85°45'42" W, 193.58 FEET
ALONG SAID CENTERLINE; THENCE 39.84 FEET ALONG A CURVE TO THE LEFT, ALONG SAID
CENTERLINE, HAVING A RADIUS OF 180.87 FEET AND CHORD OF WHICH BEARS S 87°55'42" W, 39.76
FEET; THENCE 97.86 FEET ALONG A CURVE TO THE RIGHT, ALONG SAID CENTERLINE, HAVING A
RADIUS OF 440.45 FEET AND CHORD OF WHICH BEARS S 87°58'59" W, 97.65 FEET; THENCE N 85°39'08"
W 87.57 FEET ALONG SAID CENTERLINE; THENCE N 88°12'56" W, 178.01 FEET ALONG SAID
CENTERLINE; THENCE S 85°56'44" W, TO A POINT ON THE WESTERLY BOUNDARY AS DESCRIBED IN
DOCUMENT NO. 250900 LOCATED IN THE CLERK AND RECORDER'S OFFICE OF GARFIELD COUNTY,
COLORADO.
COUNTY OF GARFIELD
STATE OF COLORADO
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:GW63019049
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: GW63019049
All of the following Requirements must be met:
This 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.
Pay the agreed amount for the estate or interest to be insured.
Pay the premiums, fees, and charges for the Policy to the Company.
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.
NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES
ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE
SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY
AMENDMENTS THERETO.
This commitment does not republish any covenants, condition, restriction, or limitation contained in any
document referred to in this commitment to the extent that the specific covenant, conditions, restriction,
or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender
identity, handicap, familial status, or national origin.
1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land and 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 of the proposed
insured acquires of record for value the estate or interest or mortgage thereon covered by this
Commitment.
6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public
agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the Public Records.
7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
8.RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM,
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED AS
RESERVED IN UNITED STATES PATENT RECORDED JANUARY 18, 1911 IN BOOK 73 AT PAGE 37.
9.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES, AS RESERVED IN UNITED STATES PATENT RECORDED JANUARY 18, 1911 IN BOOK 73 AT
PAGE 37.
10.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES, AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 22, 1965 IN BOOK 367 AT PAGE
147.
11.RESERVATION OF A 25' LENGTH OF OPEN WATER ALONG BLUE CREEK, AS DISCLOSED BY DEED
RECORDED MAY 6, 1954, IN BOOK 276 AT PAGE 293, THE SPECIFIC LOCATION OF WHICH IS NOT
DEFINED.
12.RESERVATION OF 2/3 OF ALL MINERALS AND MINERAL RIGHTS INCLUDING OIL AND GAS AS
CONTAINED IN DEED, RECORDED NOVEMBER 14, 1960 IN BOOK 331 AT PAGE 65.
13.EASEMENTS AND RIGHTS OF WAY FOR THE FOLLOWING DITCHES SAME MAY AFFECT SUBJECT
PROPERTY, PATTERSON AND CUMMINGS DITCHES.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: GW63019049
14.TERMS, CONDITIONS, OBLIGATIONS AND RESTRICTIONS AS CONTAINED IN DECLARATION,
RECORDED SEPTEMBER 16, 1970 IN BOOK 413 AT PAGE 193, MODIFIED BY INSTRUMENT RECORDED
MARCH 7, 1972 IN BOOK 428 AT PAGE 61, AND MODIFIED BY AGREEMENT, RECORDED AUGUST 30,
1978 IN BOOK 514 AT PAGE 871.
15.TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED FEBRUARY 18,
1972 IN BOOK 427 AT PAGE 290.
16.TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED MARCH 31, 1972 IN
BOOK 428 AT PAGE 539.
17.TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED OCTOBER 22, 1975
IN BOOK 479 AT PAGE 875.
18.RIGHT OF WAY EASEMENT, AS GRANTED TO MOUNTAIN STATES TELEPHONE AND TELEGRAPH
COMPANY BY DOCUMENT RECORDED NOVEMBER 20, 1975 IN BOOK 480 AT PAGE 770.
19.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 81-124 RECORDED MAY 07, 1981 UNDER
RECEPTION NO. 314603.
20.THE RIGHTS OF ENTRY AS GRANTED BY DOCUMENTS, RECORDED SEPTEMBER 2, 1981 IN BOOK 580
AT PAGE 430, AND SEPTEMBER 14, 1981 IN BOOK 581 AT PAGE 213.
21.WATER LINE AND WELL EASEMENT, AS SHOWN BY THE DOCUMENT RECORDED MARCH 12, 1982 IN
BOOK 594 AT PAGE 432.
22.ACCESS EASEMENT, BEING 30 FEET IN WIDTH ACROSS SUBJECT PROPERTY AS SET FORTH IN
DOCUMENT, RECORDED MARCH 15, 1982 IN BOOK 594 AT PAGE 591.
23.RIGHT-OF-WAY EASEMENT BY BAILEY R. STERRETT ET AL., TO HOLY CROSS ELECTRIC
ASSOCIATION, INC., RECORDED JUNE 4, 1985 IN BOOK 669 AT PAGE 905.
24.TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED FEBRUARY 14,
1992 IN BOOK 823 AT PAGE 719.
25.TERMS, CONDITIONS AND PROVISIONS OF PERMANENT EASEMENT RECORDED FEBRUARY 03, 1992
IN BOOK 822 AT PAGE 850.
26.EACH AND EVERY RIGHT OF ACCESS AS CONVEYED IN INSTRUMENT RECORDED JULY 24, 1995 IN
BOOK 947 AT PAGE 493 AND IN INSTRUMENT RECORDED JUNE 22, 1992 IN BOOK 834 AT PAGE 574.
27.EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED JANUARY 21, 1992 IN
BOOK 822 AT PAGE 73.
28.EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED MARCH 25, 1992 IN
BOOK 826 AT PAGE 730.
29.TERMS, CONDITIONS AND PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN WELL
AGREEMENT RECORDED MARCH 10, 1998 IN BOOK 1056 AT PAGE 926.
30.EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED JUNE 22, 1992 IN
BOOK 834 AT PAGE 578.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: GW63019049
31.EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED JULY 24, 1995 IN
BOOK 947 AT PAGE 496.
32.TERMS, CONDITIONS AND PROVISIONS OF WELL AGREEMENT RECORDED JUNE 05, 1995 IN BOOK 943
AT PAGE 115.
33.EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED OCTOBER 20, 1998 IN
BOOK 1093 AT PAGE 683 AND AT PAGE 690.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: GW63019049
LAND TITLE GUARANTEE COMPANY
DISCLOSURE STATEMENTS
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
Note: Effective September 1, 1997, CRS 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, except that,
the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or
filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters
which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for
recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title
Guarantee Company 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.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of
Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following
conditions:
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
The Subject real property may be located in a special taxing district.(A)
A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in
which the real property is located or that county treasurer's authorized agent unless the proposed insured provides
written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real
property).
(B)
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.
(C)
The land described in Schedule A of this commitment must be a single family residence which includes a
condominium or townhouse unit.
(A)
No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land
described in Schedule A of this Commitment within the past 6 months.
(B)
The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and
material-men's liens.
(C)
The Company must receive payment of the appropriate premium.(D)
If there has been construction, improvements or major repairs undertaken on the property to be purchased within
six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include:
disclosure of certain construction information; financial information as to the seller, the builder and or the
contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company,
and, any additional requirements as may be necessary after an examination of the aforesaid information by the
Company.
(E)
Note: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface
estate, in Schedule B-2.
Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may
include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance
company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for
the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award
payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of
Regulatory Agencies.
Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing
protection letter for the lender, purchaser, lessee or seller in connection with this transaction.
Note: Pursuant to CRS 10-1-11(4)(a)(1), Colorado notaries may remotely notarize real estate deeds and other
documents using real-time audio-video communication technology. You may choose not to use remote notarization for
any document.
That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the
surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and
(A)
That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
(B)
JOINT NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY,
LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY
LAND TITLE INSURANCE CORPORATION AND
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance
Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state
privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence
is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized
access to your non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
applications or other forms we receive from you, including communications sent through TMX, our web-based
transaction management system;
your transactions with, or from the services being performed by us, our affiliates, or others;
a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
The public records maintained by governmental entities that we obtain either directly from those entities, or from
our affiliates and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows:
We restrict access to all Personal Information about you to those employees who need to know that information in
order to provide products and services to you.
We may share your Personal Information with affiliated contractors or service providers who provide services in the
course of our business, but only to the extent necessary for these providers to perform their services and to
provide these services to you as may be required by your transaction.
We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your
Personal Information from unauthorized access or intrusion.
Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action.
We regularly assess security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT
IS NOT STATED ABOVE OR PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We
may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for
example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your
Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is
needed to enforce our rights arising out of any agreement, transaction or relationship with you.
Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy
policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration
Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof.
Commitment For Title Insurance
Issued by Old Republic National Title Insurance Company
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER
REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING
ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND
CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN
ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE
CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. .
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance
Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is
effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the
specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met
within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end.
COMMITMENT CONDITIONS
1. DEFINITIONS
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates
and the Company’s liability and obligation end.
3. The Company’s liability and obligation is limited by and this Commitment is not valid without:
4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or
other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The
Company shall not be liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
i. comply with the Schedule B, Part I—Requirements;
ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
“Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a)
“Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any
property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues,
alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
(b)
“Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c)
“Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company
pursuant to this Commitment.
(d)
“Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e)
“Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this
Commitment.
(f)
“Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters
relating to real property to purchasers for value and without Knowledge.
(g)
“Title”: The estate or interest described in Schedule A.(h)
the Notice;(a)
the Commitment to Issue Policy;(b)
the Commitment Conditions;(c)
Schedule A;(d)
Schedule B, Part I—Requirements; and(e)
Schedule B, Part II—Exceptions; and(f)
a counter-signature by the Company or its issuing agent that may be in electronic form.(g)
The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the
Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed
Insured’s good faith reliance to:
(a)
The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the
matter and did not notify the Company about it in writing.
(b)
The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the
Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
(c)
The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment
Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(d)
The Company shall not be liable for the content of the Transaction Identification Data, if any.(e)
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the
Company’s agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma
policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at
http://www.alta.org/arbitration.
IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown
in Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
Issued by:
Land Title Guarantee Company
3033 East First Avenue Suite 600
Denver, Colorado 80206
303-321-1880
Craig B. Rants, Senior Vice President
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II
—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are
prohibited. Reprinted under license from the American Land Title Association.
In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements
have been met to the satisfaction of the Company.
(f)
In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g)
Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a)
Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b)
Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject
matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral,
express or implied, relating to the subject matter of this Commitment.
(c)
The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the
terms and provisions of this Commitment or the Policy.
(d)
Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e)
When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f)
((
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
PRE-APPLICATION
CONFERENCE SUMMARY
TAX PARCEL NUMBER’s: 239132200030, 239132200031, 239132200053
PRE-APP DATE: January 17, 2020 – Update 8/5/2022
OWNER: Hunter Creek Group, Inc., Rene Tornare, Jim Caldwell
PRACTICAL LOCATION: 16478 Highway 82, Carbondale, CO 81623
ZONING: Rural
COMPREHENSIVE PLAN: Residential Medium & Residential Low
TYPE OF APPLICATION: Amended Final Plat
I. GENERAL PROJECT DESCRIPTION
The applicants would like to adjust the lot lines of their parcels by transferring a portion of the
Hunter Creek Group parcel to the parcels owned by Mr. Tornare and Mr. Caldwell. The applicant is
required to go through and Amended Final Plat process becau se both Mr. Tornare and Mr.
Caldwell’s properties are in the Carlson Subdivision Exemption. A Boundary Line Adjustment will
need to be recorded at the same time to adjust the Hunter Creek Group Property. Staff
recommends that the applicants work with Casey Lawrence at the Assessor’s Office to complete
required Boundary Line Adjustment documentation.
All three parcels are improved with existing structures and OWTS’. The parcels are currently above
the required two acres in the Rural zone district. Any appl ication will need to ensure that all parcels
remain above two acres.
II. REGULATORY PROVISIONS AND PROCESS REQUIRED
The following Sections of the Garfield Land Use and Development Code as amended apply to the
proposed Application:
• Section 5-305 – Amended Final Plat Review
• Table 5-103 Common Review Procedures and Required Notice
• Table 5-401 Submittal Requirements
• Section 5-402 Description of Submittal Requirements including requirements for a Final Plat
• Section 4-103 Administrative Review and Section 4-101 Common Review Procedures
• Article 7, Divisions 1, 2, 3, and 4 as applicable
III. ADMINISTRATIVE REVIEW PROCESS
The review process shall follow a modified version of the steps contained in Table 4-102 and
Section 4-103, Administrative Review (see attached modified flow chart).
IV. SUBMITTAL REQUIREMENTS – KEY TOPICS
Outlined below is a list of information typically required for this type of application:
• General Application Materials
o Completed application form
o Completed payment agreement form
o Proof of Ownership (title work and deed) and information on any lien holders for all
parcels
o Statement of Authority for all properties owned by an LLC
o Names and mailing addresses of property owners within 200 ft. of the property.
o Mineral rights ownership including mailing address (see attached form and memo).
o A narrative describing the request and related information.
• Copy of the pre-application summary
• A Vicinity Map within approximately 3 miles
• Because no public improvements are required for this project, a written waiver request
from submittal of an Improvements Agreement should be requested.
• The Proposed Plat showing the existing and proposed lots lines and any other changes
affecting the lots. All easements need to be shown on the plat. All required certificates need
to be included on the plat.
• The plat should include improvement location information adequate to confirm that no
nonconforming conditions will result from the plat amendment. Some improvement
location information will be removed from the plat prior to execution and recording
pursuant to direction from the County Surveyor.
• Copies of any covenants affecting the property.
• The request should be consistent with all applicable provisions of Article 7 in the LUDC. The
Application should include at a minimum representations that the amendment will not
result in any changes to drainage, access or utility services.
• Any other supporting information indicating that the change is consistent with under lying
zoning and previous property history.
The Application submittal needs to include 3 hard copies of the entire Application and 1 Digital
PDF Copy of the entire Application (on a CD or USB Stick). Both the paper and digital copies
should be split into individual sections. Please refer to the pre-application summary for submittal
requirements that are appropriate for your Application
V. APPLICATION REVIEW
a. Review by: Staff for completeness recommendation and referral agencies for
additional technical review
b. Public Hearing: _X_ Director Decision with notice
___ Planning Commission
___ Board of County Commissioners
___ Board of Adjustment
VI. APPLICATION REVIEW FEES
a. Planning Review Fees: $ 100.00
b. Referral Agency Fees: $ TBD – consulting engineer/civil engineer fees
c. Total Deposit: $ 100.00 (additional hours are billed at $40.50 /hour)
VII. GENERAL APPLICATION PROCESSING
The foregoing summary is advisory in nature only and is not binding on the County. The summary is
based on current zoning, which is subject to change in the future, and upon factual representations
that may or may not be accurate. This summary does not cre ate a legal or vested right. The
summary is valid for a six-month period, after which an update should be requested. The Applicant
is advised that the Application submittal once accepted by the County becomes public information
and will be available (including electronically for review by the public). Proprietary information can
be redacted from documents prior to submittal.
PRE-APPLICATION SUMMARY PREPARED BY:
January 17, 2020
Patrick Waller, Senior Planner, AICP
VIII. 2022 Update
Staff reviewed materials forwarded from the Applicants’ representative (Neil Goluba) in regards to the BLA and project.
No major changes to the project have been proposed at this time, and staff finds that this preapplication conference
summary provides adequate information for the application moving forward.
The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current
zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This
summary does not create a legal or vested right. The summary is valid for a six-month period, after which an update
should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public
information and will be available (including electronically) for review by the public. Proprietary information can be
redacted from documents prior to submittal.
Pre-application Summary Reviewed and Updated by:
8/8/2022
Philip Berry, Planner III Date
5
TRUE NORTH COLORADO LLC.A LAND SURVEYING AND MAPPING COMPANYP.O. BOX 614 - 386 MAIN STREET UNIT 3NEW CASTLE, COLORADO 81647(970) 984-0474www.truenorthcolorado.comDRAWNRPKSURVEYEDSHEET1 OF 2TRUENORTHA LAND SURVEYING AND MAPPING COMPANYNNOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANYLEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREEYEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANYACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORETHAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.PROJECT NO: 2020-123DATE: August 22, 2022LDVVICINITY MAPTRANSFER PARCEL A (HUNTER CREEK GROUP TOJAMES M. CALDWELLTRANSFER PARCEL B (HUNTER CREEK GROUP TO RENE TORNARE)ORIGINAL FATHERING PARCEL(HUNTER CREEK GROUP, INC)ORIGINAL LOT A-CARLSON EXEMPTION(JAMES M. CALDWELL)RESULTING LOT A-CARLSON EXEMPTION(JAMES M. CALDWELL)ORIGINAL LOT B-CARLSON EXEMPTION(RENE TORNARE)RESULTING LOT B-CARLSON EXEMPTION(RENE TORNARE)RESULTING FATHERING PARCEL(HUNTER CREEK GROUP, INC)OWNER'S ACKNOWLEDGEMENT (HUNTER CREEK GROUP, INC.)KNOW ALL MEN BY THESE PRESENTS, HUNTER CREEK GROUP, INC BEING THE OWNER(S) IN FEE SIMPLE OFTHAT PARCEL OF LAND RECORDED IN RECEPTION NO. 922357 AS SHOWN HEREON DOES HEREBYACKNOWLEDGE AND APPROVE THIS AMENDED PLAT OF CARLSON SUBDIVISION EXEMPTION.OWNER: HUNTER CREEK GROUP, INC16568 WELLINGTON LAKES CIRCLEFORT MYERS, FL 33908 BY: __________________________________________________________NAME:_______________________________________________________TITLE:________________________________________________________STATE OF ________________ ) )SSCOUNTY OF _____________ )THE FOREGOING OWNERS ACKNOWLEDGEMENT WAS ACKNOWLEDGED BEFORE ME THIS _______ DAYOF___________________________, 2022, BY __________________________________ AS _____________________ OF HUNTERCREEK GROUP, INC.MY COMMISSION EXPIRES:________________________WITNESS MY HAND AND SEAL___________________________________________________________________NOTARY PUBLICOWNER'S ACKNOWLEDGEMENT (RENE TORNARE)KNOW ALL MEN BY THESE PRESENTS, RENE TORNARE BEING THE OWNER IN FEE SIMPLE OF LOT B OFRECEPTION NO. 314603 AS SHOWN HEREON DOES HEREBY ACKNOWLEDGE AND APPROVE THIS AMENDEDPLAT OF CARLSON SUBDIVISION EXEMPTION.OWNER: RENE TORNARE16704 HIGHWAY NO. 82CARBONDALE, CO 81623 BY: __________________________________________________________RENE TORNARE - OWNERSTATE OF COLORADO ) )SSCOUNTY OF GARFIELD )THE FOREGOING OWNERS ACKNOWLEDGEMENT WAS ACKNOWLEDGED BEFORE ME THIS _______ DAYOF___________________________, 2022, BY RENE TORNARE AS OWNER.MY COMMISSION EXPIRES:________________________WITNESS MY HAND AND SEAL___________________________________________________________________NOTARY PUBLICOWNER'S ACKNOWLEDGEMENT (JAMES M. CALDWELL)KNOW ALL MEN BY THESE PRESENTS, JAMES M. CALDWELL BEING THE OWNER IN FEE SIMPLE OF LOT A OFRECEPTION NO. 314603 AND THAT PARCEL OF LAND RECORDED AS RECEPTION NO. 760763 AS SHOWNHEREON DOES HEREBY ACKNOWLEDGE AND APPROVE THIS AMENDED PLAT OF CARLSON SUBDIVISIONEXEMPTION.OWNER: JAMES M. CALDWELL16704 HIGHWAY NO. 82CARBONDALE, CO 81623 BY: __________________________________________________________JAMES M. CALDWELL - OWNERSTATE OF COLORADO ) )SSCOUNTY OF GARFIELD )THE FOREGOING OWNERS ACKNOWLEDGEMENT WAS ACKNOWLEDGED BEFORE ME THIS _______ DAYOF___________________________, 2022, BY JAMES M. CALDWELL AS OWNER.MY COMMISSION EXPIRES:________________________WITNESS MY HAND AND SEAL___________________________________________________________________NOTARY PUBLICORFREVIEWCOUNTY COMMISSIONER'S CERTIFICATEBASED UPON THE REVIEW AND RECOMMENDATION OF GARFIELD COUNTY DIRECTOR OF COMMUNITYDEVELOPMENT, THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, HEREBYAPPROVES THIS AMENDED CARLSON SUBDIVISION EXEMPTION PLAT THIS _______ DAY OF_________________________, A.D., 2022, FOR FILING WITH THE CLERK AND RECORDER OF GARFIELD COUNTY ANDFOR CONVEYANCE TO THE COUNTY OF THE PUBLIC DEDICATIONS SHOWN HEREON, SUBJECT TO THEPROVISIONS THAT APPROVAL IN NO WAY OBLIGATES GARFIELD COUNTY FOR THE FINANCING ORCONSTRUCTION OF IMPROVEMENTS ON LANDS, PUBLIC ROADS, HIGHWAYS OR EASEMENTS DEDICATED TOTHE PUBLIC, EXCEPT AS SPECIFICALLY AGREED TO BY THE BOARD OF COUNTY COMMISSIONERS BYSUBSEQUENT RESOLUTION. THIS APPROVAL SHALL IN NO WAY OBLIGATE GARFIELD COUNTY FOR THECONSTRUCTION, REPAIR OR MAINTENANCE OF PUBLIC ROADS, HIGHWAYS OR ANY OTHER PUBLICDEDICATIONS SHOWN HEREON._______________________________________________________________________CHAIRMAN, BOARD OF COUNTY COMMISSIONERSGARFIELD COUNTY, COLORADOWITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD.ATTEST: COUNTY CLERKSITUATED IN GOVERNMENT LOTS 4 & 5 OF SECTION 32,TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH PMCOUNTY OF GARFIELD, STATE OF COLORADOCARLSON SUBDIVISION EXEMPTIONAMENDED FINAL PLAT OF LOTS A & B, CARLSON SUBDIVISION EXEMPTIONAND BOUNDARY ADJUSTMENT MAP
660' WITNESS CORNERTO THE NW CORNEROF SECTION 32FOUND LAVA STONENORTH 1/4 CORNERSECTION 32FOUND STONE31323029FOUND REBAR & 1" YELLOWPLASTIC CAP LS14111S88°58'14"E 340.12'(BASIS OF BEARINGS)N88°58'14"W 2715.95'D=S12°57'26"E 451.24'S11°46'57"E 450.84'S01°15'43"W 89.90'
D=SOUTH 90.00'D=WEST 200.00'N88°50'57"W 199.91'N88°52'51"W 13.75'D=N88°49'31"W 13.80'S44°07'45"W 25.56'N62°06'03"W 242.72'143.34'104.47'D=S88°36'26"E104.68'S03°46'58"W 70.59'D=S12°58'30"E 450.63'N11°52'28"W 450.12'D=N00°17'59"W 438.92'N00°53'09"E 437.83'S88°58'14"E 200.74'D=N89°49'14"E 200.00'85.83'156.89'D=WEST 301.40'N88°48'46"W 301.32'53.51'S88°58'14"E 201.90'D=N89°49'14"E 202.49'10.0' WITNESS CORNERFOUND REBAR & 1-1/4"ORANGE PLASTIC CAPLS-ILLEGIBLE50.0' WITNESS CORNERFOUND NO. 5 REBARFOUND REBAR & 1"YELLOW PLASTIC CAPLS14111S88°54'11"E 659.72'S88°58'14"E 476.79'FOUND REBAR & 1-1/4"YELLOW PLASTIC CAPHCE PROP CORNERLS19598POINT OF BEGINNINGLOT APOINT OF BEGINNINGLOT BL=60.05'R=173.18'CB=N35°44'17"W D=N35°44'02"WCH=59.75'D=N51°02'14"W 69.56'N51°02'03"W 69.58'FOUND REBAR & 1"YELLOW PLASTIC CAPLS14111FOUND NO. 5 REBARFOUND REBAR & 1-1/4"YELLOW PLASTIC CAPHCE PROP CORNERLS19598FOUND NO. 5 REBARWOODFENCE POSTSFOUND REBAR & 1-1/4"YELLOW PLASTIC CAPHCE PROP CORNERLS38215FOUND NO. 5 REBARLOT ACARLSON EXEMPTIONRECEPTION NO. 314603JAMES M. CALDWELLTOTAL ADJUSTED AREA2.658± ACRESWARRANTY DEEDRECEPTION NO. 760763BOUNDARY LINEADJUSTMENTRECEPTION NO. 760893TRANSFER PARCEL BHUNTER CREEK GROUP INCTO RENE TORNARE5,224 SQ.FT.(0.120± ACRES)SAID PARCEL ADJUSTED BYVIRTUE OF BOUNDARY LINEADJUSTMENT AFFIDAVITRECEPTION NO.________________TRANSFER PARCEL AHUNTER CREEK GROUP INCTO JAMES M. CALDWELL5,224 SQ.FT.(0.120± ACRES)SAID PARCEL ADJUSTED BYVIRTUE OF BOUNDARY LINEADJUSTMENT AFFIDAVITRECEPTION NO.________________OWNERHUNTER CREEK GROUP INC.RECEPTION NO. 922357OWNERERIC RUDDRECEPTION NO. 912458OWNERMID-VALLEY BAPTIST CHURCHLOT C - CARLSON EXEMPTIONRECEPTION NO. 314603JOEL HOCKNELLRECEPTION NO. 734449ROARING FORK RANCH, LLCRECEPTION NO. 913958GOV'T LOT 4GOV'T LOT 5LOT BCARLSON EXEMPTIONRECEPTION NO. 314603RENE TORNARETOTAL ADJUSTED AREA2.655± ACRES30' ACCESS EASEMENTRECEPTION NO. 288102POINT OF BEGINNINGTRANSFER PARCELSFOUND REBAR & 1-1/4" YELLOWPLASTIC CAP LS-ILLEGIBLETIE FROM NORTH 1/4 CORNERSECTION 32BEARS:S78°54'25"W-2087.77'RESULTINGFATHERINGPARCELTOTAL ADJUSTED AREA4.804± ACRESN88°58'14"W 1496.40'FOUND REBAR & 1-1/4"YELLOW PLASTIC CAPHCE PROP CORNERLS19598POINT OF BEGINNINGFATHERING PARCELS01°10'20"W 694.75'FOUND REBAR & 1-1/4"YELLOW PLASTIC CAPHCE PROP CORNERLS19598FOUND REBAR & 1-1/4"YELLOW PLASTIC CAPILLEGIBLEFOUND REBAR & 1-1/4"YELLOW PLASTIC CAPHCE PROP CORNERLS19598FOUND REBAR & 1-1/4"YELLOW PLASTIC CAPHCE PROP CORNERLS19598FOUND REBAR & 1-1/4"YELLOW PLASTIC CAPHCE PROP CORNERLS19598FOUND REBAR & 1-1/4"YELLOW PLASTIC CAPHCE PROP CORNERLS19598 IN FENCE LINEFOUND REBAR & 1-1/4"YELLOW PLASTIC CAPILLEGIBLEN88°28'41"W30.02'N79°06'01"W 149.06'N85°21'36"W48.45'N75°32'48"W 91.32'N78°15'49"W 72.99'N78°59'39"W 85.56'N01°48'43"E
61.45'N04°38'58"W7.24'ORIGINAL PROPERTY LINEORIGINAL
PROPERTY
LINEORIGINALPROPERTYLINE
COUNTY SURVEYOR'S CERTIFICATEAPPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS ANDDRAFTING PURSUANT TO C.R.S., 38-51-101 AND 102, ET SEQ.DATED THIS ____________ DAY OF _________________________, 2022.BY:_________________________________________________________________ GARFIELD COUNTY SURVEYORORFREVIEWNOTES:1.BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF N88°58'14"W ALONG THE NORTH LINE OF SECTION 32BETWEEN THE NORTH QUARTER CORNER A FOUND STONE AND THE NORTHWEST CORNER A REBAR & 1"YELLOW PLASTIC CAP LS14111 AS SHOWN HEREON.2.DATE OF FIELD SURVEY: FEBRUARY & MARCH 2020.3.LINEAR UNITS USED TO PERFORM THIS SURVEY WERE U.S. SURVEY FEET.4.THIS SURVEY IS BASED ON THE DOCUMENTS RECORDED AS RECEPTION NO. 922357, RECEPTION NO. 760763,RECEPTION NO. 314603, RECEPTION NO. 841495 AND CORNERS FOUND IN PLACE AS SHOWN HEREON.5.THIS PLAT DOES NOT CONSTITUTE A TITLE SEARCH BY TRUE NORTH COLORADO, LLC FOR ALL INFORMATIONREGARDING EASEMENT, RIGHTS-OF-WAY AND/OR TITLE OF RECORD, TRUE NORTH COLORADO, LLC. RELIED UPON6.THIS PLAT DEPICTS THE BOUNDARY LINE ADJUSTMENT BETWEEN LOTS A & B, CARLSON SUBDIVISION EXEMPTIONAND THE NEIGHBORING PARCEL AS DESCRIBED IN THE BOUNDARY LINE ADJUSTMENT AFFIDAVIT RECORDEDCONTEMPORANEOUSLY HEREWITH AS RECEPTION NO. ____________________________ OF THE GARFIELD, COLORADORECORDS. TRUE NORTH COLORADO LLC.A LAND SURVEYING AND MAPPING COMPANYP.O. BOX 614 - 386 MAIN STREET UNIT 3NEW CASTLE, COLORADO 81647(970) 984-0474www.truenorthcolorado.comPROJECT NO: 2020-123DATE: August 22, 2022DRAWNRPKSURVEYEDLDVSHEET2 OF 2TRUENORTHA LAND SURVEYING AND MAPPING COMPANY50'25'100'SCALE: 1" = 50'N0NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANYLEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREEYEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANYACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORETHAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.SITUATED IN GOVERNMENT LOTS 4 & 5 OF SECTION 32,TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH PMCOUNTY OF GARFIELD, STATE OF COLORADOCARLSON SUBDIVISION EXEMPTIONAMENDED FINAL PLAT OF LOTS A & B, CARLSON SUBDIVISION EXEMPTIONAND BOUNDARY ADJUSTMENT MAPSURVEYOR'S CERTIFICATEI, RODNEY P. KISER, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDERTHE LAWS OF THE STATE OF COLORADO, THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT OFAMENDED FINAL PLAT OF LOTS A & B, CARLSON SUBDIVISION EXEMPTION AND BOUNDARY ADJUSTMENTMAP, AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM ANACCURATE SURVEY OF SAID PROPERTY BY ME, OR UNDER MY SUPERVISION, AND CORRECTLY SHOWS THELOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF SAID AMENDED FINAL PLAT ANDBOUNDARY ADJUSTMENT MAP AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WITHAPPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND.IN WITNESS WHEREOF, I HAVE SET MY HAND AND SEAL THIS ____ DAY OF , A.D., 2022.RODNEY P. KISERPROFESSIONAL LAND SURVEYORCOLORADO REGISTRATION NO. 38215CLERK & RECORDER'S CERTIFICATETHIS AMENDED PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELDCOUNTY, COLORADO, AT ____ O'CLOCK _____, ON THIS ____ DAY OF , 2022, AND IS DULYRECORDED AS RECEPTION NO. _______________________________________._________________________________________________________CLERK AND RECORDERBY_______________________________________________________DEPUTYCERTIFICATE OF TAXES PAIDI, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND ASSESSMENTS DUEAND PAYABLE AS OF , UPON ALL PARCELS OF REAL ESTATEDESCRIBED ON THIS PLAT ARE PAID IN FULL.DATED THIS _____ DAY OF , A.D., 2022.TREASURER OF GARFIELD COUNTYLIENHOLDER CONSENTTHE UNDERSIGNED, ALPINE BANK, BEING THE BENEFICIARY UNDER THE DEED OFTRUST RECORDED AS RECEPTION NO.__________________________, GRANTED BY HUNTERCREEK GROUP, INC, AS THE OWNER AGAINST THE REAL PROPERTY IN THISAMENDED FINAL PLAT OF LOT A AND LOT B & BOUNDARY LINE ADJUSTMENT OFCARLSON SUBDIVISION EXEMPTION , CERTIFIES THAT THE UNDERSIGNED HASREVIEWED THE FINAL PLAT AND BY THIS CERTIFICATION HEREBY CONSENTS TOSAID FINAL PLAT AND TO THE RECORDING THEREOF.DATE:________________________________________________ALPINE BANKBY:______________________________________________________________________________________________, AUTHORIZED AGENTSTATE OF COLORAD )) SSCOUNTY OF GARFIELD)THE FOREGOING LIENHOLDER CONSENT WAS ACKNOWLEDGED BEFORE ME THIS_______ DAY OF________________________, 2022, BY___________________________________ ASAUTHORIZED AGENT FOR ALPINE BANKWITNESS MY HAND AND OFFICIAL SEAL_______________________________________________________NOTARY PUBLICTRANSFER PARCELTITLE CERTIFICATE
GOLUBA & GOLUBA P.C.
ATTORNEYS AT LAW
823 COOPER AVENUE
P.O. BOX 931
GLENWOOD SPRINGS, COLORADO 81602
TELEPHONE: (970) 945-9141
FAX: (970) 945-9143
NEIL W. GOLUBA g olubapc@comcast.net
_____, 2023
Garfield County Assessor
109 8th Street, Suite 207
Glenwood Springs, CO 81601
Re:Boundary Line Adjustment
Dear Assessor:
James Matthew Caldwell (“Caldwell”), Rene Tornare (“Tornare”) and Hunter Creek Group
Inc (“Hunter Creek”) are adjusting the boundary lines between their respective properties.
Approximately 5,224 square feet of Hunter Creek’s property (Garfield County Parcel No. 2391-322-
00-053) shall be conveyed to Caldwell and merged with his property (Garfield County Parcel No.
2391-322-00-031). Additionally, approximately 5,224 square feet of Hunter Creek’s property shall
be conveyed to Tornare and merged with his property (Garfield County Parcel No. 2391-322-00-
030). The Caldwell and Tornare properties are subdivided lots, therefor an Amended Plat
Application shall be processed through the Community Development Department concurrently.
Very truly yours,
NEIL W. GOLUBA
NWG:lsc
BOUNDARY LINE ADJUSTMENT AFFIDAVIT
THE UNDERSIGNED Affiants being first duly sworn upon their oath, depose and state
as follows:
1.The undersigned are the owners of the following described real properties located
in the unincorporated area of Garfield County, Colorado:
(a)James Matthew Caldwell (“Caldwell”) is the owner of that certain property
described in Deed recorded as Reception No. 708118 and amended by Deed
recorded as Reception No. 760763 of the Garfield County, Colorado records,
having a common address of 16478 Highway 82, Carbondale, Colorado 81623.
Garfield County Assessor Parcel No. 2391-322-00-031 (the “Caldwell
Property”).
(b)Rene Tornare (“Tornare”) is the owner of that certain real property described in
Deed recorded as Reception No. 841495 of the Garfield County, Colorado
records, having a common address of 16476 Highway 82, Carbondale, Colorado
81623. Garfield County Assessor Parcel No. 2391-322-00-030 (the “Tornare
Property”).
(c)Hunter Creek Group Inc (“Hunter Creek”) is the owner of that certain real
property described in Deed recorded as Reception No. 922357 of the Garfield
County, Colorado records. Garfield County Assessor Parcel No. 2391-322-00-
053 (the “Hunter Creek Property”).
2.We are desirous of adjusting the boundary line between our properties and sign
this Affidavit in accordance with the Garfield County Land Use and Development Code.
3.Hunter Creek shall convey to Caldwell approximately 5,224 square feet of the
Hunter Creek Property, as more particularly described in Exhibit A attached hereto and
incorporated herein by this reference, to be merged with and incorporated into the Caldwell
Property.
4.Hunter Creek shall convey to Tornare approximately 5,224 square feet of the
Hunter Creek Property, as more particularly described in Exhibit B attached hereto and
incorporated herein by this reference, to be merged with and incorporated into the Tornare
Property.
5. We hereby represent that no new parcels or lots will be created and therefore, that
Garfield County will not be required to issue any building permits, other than those it would be
required to issue for the already existing parcels.
6. We hereby represent that the Hunter Creek Property is not part of a previously
platted subdivision of record.
7.We hereby represent that both the Caldwell Property and Tornare Property are
part of the Carlson Subdivision Exemption and that the Amended Plat of Lot A and Lot B,
Carlson Subdivision Exemption, & Boundary Line Adjustment, removing the property described
in Exhibits A and B from the Hunter Creek Property and incorporating the property described
in Exhibit A into the Caldwell Property and incorporating the property described in Exhibit B
into the Tornare Property, is being recorded contemporaneously herewith as Reception No.
_____________ of the Garfield County, Colorado records.
8.We hereby represent that the boundary line adjustment made reference to herein
will not cause the loss of access by road or to public utilities, to any parcel of property involved.
9.We hereby represent that the boundary line adjustment made reference to herein
will not cause any of the parcels involved to be less than the minimum lot size allowed in the
applicable Zone District or create any non-conforming setbacks for any existing structures.
10.We hereby represent that a copy of this Affidavit will be recorded with the
Garfield County Clerk and Recorder.
FURTHER AFFIANTS SAYETH NOT.
Done this day of ______________, 2023.
______________________________________________________________________
James Matthew Caldwell Rene Tornare
HUNTER CREEK GROUP INC,
a Colorado corporation
By: ______________________________
Name:________________________
Title:_________________________
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The foregoing instrument was subscribed and sworn to before me this day of
______, 2023 by James Matthew Caldwell.
Witness my hand and official seal.
My Commission expires:_______
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The foregoing instrument was subscribed and sworn to before me this day of
______, 2023 by Rene Tornare.
Witness my hand and official seal.
My Commission expires:_______
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The foregoing instrument was subscribed and sworn to before me this day of
______, 2023 by ___________________, as President of Hunter Creek Group Inc.
Witness my hand and official seal.
My Commission expires:_______
Notary Public
Exhibit A
A PARCEL OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP
7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD,
STATE OF COLORADO; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 32, A STONE FOUND
IN PLACE; THENCE S78°54'25"W A DISTANCE OF 2087.77 FEET TO THE NORTHWEST
CORNER OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 760763 IN THE
GARFIELD COUNTY CLERK AND RECORDER'S OFFICE, BEING A REBAR & 1-1/4" YELLOW
PLASTIC CAP LS-ILLEGIBLE FOUND IN PLACE, THE POINT OF BEGINNING; THENCE
S51°02'03"E ALONG THE WESTERLY BOUNDARY LINE OF SAID PARCEL OF LAND A
DISTANCE OF 69.58 FEET TO A REBAR & 1-1/4" YELLOW PLASTIC CAP LS-ILLEGIBLE
FOUND IN PLACE; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY LINE 60.05
FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 173.18 FEET AND
A CHORD THAT BEARS: S35°44'17"E A DISTANCE OF 59.75 FEET TO THE SOUTHWEST
CORNER OF SAID PARCEL OF LAND BEING A NO. 5 REBAR FOUND IN PLACE; THENCE
LEAVING SAID WESTERLY BOUNDARY LINE S44°07'45"W A DISTANCE OF 25.56 FEET TO A
POINT ON THE WESTERLY BOUNDARY LINE OF THAT PARCEL OF LAND DESCRIBED IN
RECEPTION NO. 922357 IN THE AFOREMENTIONED GARFIELD COUNTY CLERK AND
RECORDER'S OFFICE; THENCE N62°06'03"W ALONG SAID WESTERLY BOUNDARY A
DISTANCE OF 85.83 FEET TO A REBAR & 1-1/4" ORANGE PLASTIC CAP PLS38215 SET IN
PLACE; THENCE LEAVING SAID WESTERLY BOUNDARY LINE N03°46'58"E A DISTANCE OF
70.59 FEET TO THE POINT OF BEGINNING; SAID PARCEL OF LAND CONTAINS 5,224
SQUARE FEET (0.120 ACRES), MORE OR LESS.
The foregoing parcel is to be merged with that certain property presently identified as
Garfield County Assessor Parcel No. 2391-322-00-031.
Exhibit B
A PARCEL OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP
7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD,
STATE OF COLORADO; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 32, A STONE FOUND
IN PLACE; THENCE S78°54'25"W A DISTANCE OF 2087.77 FEET TO THE NORTHWEST
CORNER OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 760763 IN THE
GARFIELD COUNTY CLERK AND RECORDER'S OFFICE, BEING A REBAR & 1-1/4" YELLOW
PLASTIC CAP LS-ILLEGIBLE FOUND IN PLACE, THE POINT OF BEGINNING; THENCE
S03°46'58"W A DISTANCE OF 70.59 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE
OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NO. 922357 IN THE
AFOREMENTIONED GARFIELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE
N62°06'03"W ALONG SAID WESTERLY BOUNDARY A DISTANCE OF 156.89 FEET TO A POINT
ON THE NORTH BOUNDARY LINE OF SAID PARCEL OF LAND, BEING A REBAR & 1-1/4"
ORANGE PLASTIC CAP PLS38215 SET IN PLACE; THENCE LEAVING SAID WESTERLY
BOUNDARY LINE, ALONG SAID NORTH BOUNDARY LINE S88°48'46"E A DISTANCE OF
143.34 FEET TO THE POINT OF BEGINNING; SAID PARCEL OF LAND CONTAINS 5,224
SQUARE FEET (0.120 ACRES), MORE OR LESS.
The foregoing parcel is to be merged with that certain property presently identified as
Garfield County Assessor Parcel No. 2391-322-00-030.
QUITCLAIM DEED
HUNTER CREEK GROUP INC ( “Grantor”), for Ten Dollars ($10.00) and other good and
valuable consideration, in hand paid, does hereby release, remise and quitclaim to JAMES
MATTHEW CALDWELL whose address is P.O. Box 725, Carbondale, Colorado 81623
(“Grantee”), all of Grantor’s right, title and interest in and to the following described real property
situate in the County of Garfield, State of Colorado, to-wit:
See Exhibit A attached.
The parcel described in Exhibit A attached hereto is to be merged with that certain property
described in Deed recorded as Reception No. 760763 of the Garfield County, Colorado records
(Garfield County Assessor Parcel No. 2391-322-00-031) and said parcel cannot be sold separately
from the merged tract of land.
TO HAVE AND TO HOLD the same, together with all appurtenances and privileges thereto
belonging or in anywise thereto appertaining.
Dated this day of ______, 2023.
HUNTER CREEK GROUP INC
a Colorado corporation
By:
Joseph Gebhardt, President
STATE OF ______________)
) ss.
COUNTY OF ____________)
The foregoing instrument was acknowledged before me this day of _______, 2023, by
Joseph Gebhardt, as President of Hunter Creek Group Inc..
Witness my hand and official seal.
My Commission expires:
Notary Public
\\C\Client\Caldwell, Jim\Quitclaim Deed - Caldwell.wpd
Exhibit A
A PARCEL OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP
7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD,
STATE OF COLORADO; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 32, A STONE FOUND
IN PLACE; THENCE S78°54'25"W A DISTANCE OF 2087.77 FEET TO THE NORTHWEST
CORNER OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 760763 IN THE
GARFIELD COUNTY CLERK AND RECORDER'S OFFICE, BEING A REBAR & 1-1/4" YELLOW
PLASTIC CAP LS-ILLEGIBLE FOUND IN PLACE, THE POINT OF BEGINNING; THENCE
S51°02'03"E ALONG THE WESTERLY BOUNDARY LINE OF SAID PARCEL OF LAND A
DISTANCE OF 69.58 FEET TO A REBAR & 1-1/4" YELLOW PLASTIC CAP LS-ILLEGIBLE
FOUND IN PLACE; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY LINE 60.05
FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 173.18 FEET
AND A CHORD THAT BEARS: S35°44'17"E A DISTANCE OF 59.75 FEET TO THE SOUTHWEST
CORNER OF SAID PARCEL OF LAND BEING A NO. 5 REBAR FOUND IN PLACE; THENCE
LEAVING SAID WESTERLY BOUNDARY LINE S44°07'45"W A DISTANCE OF 25.56 FEET TO A
POINT ON THE WESTERLY BOUNDARY LINE OF THAT PARCEL OF LAND DESCRIBED IN
RECEPTION NO. 922357 IN THE AFOREMENTIONED GARFIELD COUNTY CLERK AND
RECORDER'S OFFICE; THENCE N62°06'03"W ALONG SAID WESTERLY BOUNDARY A
DISTANCE OF 85.83 FEET TO A REBAR & 1-1/4" ORANGE PLASTIC CAP PLS38215 SET IN
PLACE; THENCE LEAVING SAID WESTERLY BOUNDARY LINE N03°46'58"E A DISTANCE OF
70.59 FEET TO THE POINT OF BEGINNING; SAID PARCEL OF LAND CONTAINS 5,224
SQUARE FEET (0.120 ACRES), MORE OR LESS.
2
QUITCLAIM DEED
HUNTER CREEK GROUP INC ( “Grantor”), for Ten Dollars ($10.00) and other good and
valuable consideration, in hand paid, does hereby release, remise and quitclaim to RENE TORNARE
whose address is P.O. Box 39, Aspen, Colorado 81612 (“Grantee”), all of Grantor’s right, title and
interest in and to the following described real property situate in the County of Garfield, State of
Colorado, to-wit:
See Exhibit A attached.
The parcel described in Exhibit A attached hereto is to be merged with that certain property
described in Deed recorded as Reception No. 841495 of the Garfield County, Colorado records
(Garfield County Assessor Parcel No. 2391-322-00-030) and said parcel cannot be sold separately
from the merged tract of land.
TO HAVE AND TO HOLD the same, together with all appurtenances and privileges thereto
belonging or in anywise thereto appertaining.
Dated this day of _______, 2023.
HUNTER CREEK GROUP INC
a Colorado corporation
By:
Joseph Gebhardt, President
STATE OF ______________)
) ss.
COUNTY OF ____________)
The foregoing instrument was acknowledged before me this day of _______, 2023, by
Joseph Gebhardt, as President of Hunter Creek Group Inc..
Witness my hand and official seal.
My Commission expires:
Notary Public
\\C\Client\Caldwell, Jim\Quitclaim Deed - Tornare.wpd
Exhibit A
A PARCEL OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP
7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD,
STATE OF COLORADO; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 32, A STONE FOUND
IN PLACE; THENCE S78°54'25"W A DISTANCE OF 2087.77 FEET TO THE NORTHWEST
CORNER OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 760763 IN THE
GARFIELD COUNTY CLERK AND RECORDER'S OFFICE, BEING A REBAR & 1-1/4" YELLOW
PLASTIC CAP LS-ILLEGIBLE FOUND IN PLACE, THE POINT OF BEGINNING; THENCE
S03°46'58"W A DISTANCE OF 70.59 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE
OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NO. 922357 IN THE
AFOREMENTIONED GARFIELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE
N62°06'03"W ALONG SAID WESTERLY BOUNDARY A DISTANCE OF 156.89 FEET TO A POINT
ON THE NORTH BOUNDARY LINE OF SAID PARCEL OF LAND, BEING A REBAR & 1-1/4"
ORANGE PLASTIC CAP PLS38215 SET IN PLACE; THENCE LEAVING SAID WESTERLY
BOUNDARY LINE, ALONG SAID NORTH BOUNDARY LINE S88°48'46"E A DISTANCE OF
143.34 FEET TO THE POINT OF BEGINNING; SAID PARCEL OF LAND CONTAINS 5,224
SQUARE FEET (0.120 ACRES), MORE OR LESS.
2
From:Goluba & Goluba PC
To:Philip Berry
Subject:RE: NTC letter for Carlson Subdivision Exemption
Date:Friday, February 10, 2023 5:04:52 PM
Attachments:Application.pdf
Statement of Authority - Hunter Creek Group.pdf
Hi Philip.
Attached are copies of the Application signed by Hunter Creek Group and a Statement of
Authority for Hunter Creek Group. I will see that the Statement of Authority is recorded with
Garfield County and supply you a recorded copy upon receipt.
As reflected in the title reports previously provided, I have confirmed the Hunter Creek parcel
is the only property with a mortgage on it. There are no mortgages on the Caldwell and
Tornare parcels.
Please let me know if you have any questions or require anything further for the Application to
be deemed complete. Thank you.
Neil W. Goluba
Goluba & Goluba PC
PO Box 931
Glenwood Springs, CO 81602
Telephone: (970) 945-9141
Facsimile: (970) 945-9143
e-mail: golubapc@comcast.net
CONFIDENTIALITY NOTICE: The information contained in this e-mail and any attached
documents is protected by the ATTORNEY/CLIENT and/or ATTORNEY WORK PRODUCT
PRIVILEGES and is intended only for the addressee(s) named above. If you are not the
intended recipient, you are hereby advised that any disclosure, copying, distribution or the
taking of any action in reliance upon the information contained herein is prohibited. If you
have received this e-mail in error, please immediately notify the sender and delete it from
your system.
From: Philip Berry <pberry@garfield-county.com>
Sent: Monday, January 30, 2023 4:49 PM
To: Goluba & Goluba PC <golubapc@comcast.net>
Subject: NTC letter for Carlson Subdivision Exemption
Good afternoon, please see the attached NTC letter related to the Carlson Exemption Amended Final
Plat application.
Feel free to reach out with any questions.
Thanks,
Philip Berry, AICP
Planner Garfield County – Community Development Department
108 8th. St., Suite 401
Glenwood Springs, CO 81601
Pberry@garfield-county.com
Office: 970-945-1377 (1580)
Cell: 970-456-4404