HomeMy WebLinkAbout1.01 Supplemental Application MaterialsCERTIFICATION OF TRUST
Pursuant to RCW 11.98.075, MATHEW C. TEAGARDEN, ESQ., legal counsel for the
CARTER COLORADO REVOCABLE TRUST, hereby certifies the following:
A. Name and Existence of Trust. CHARLES MICHAEL CARTER, as Grantor,
executed the CARTER COLORADO REVOCABLE TRUST on November 19, 2020 (the
"Trust"). The Trust is currently in existence and effect.
B. Grantor. The Grantor of the Trust is CHARLES MICHAEL CARTER.
C. Trustee. The currently acting Trustee of the Trust is CHARLES MICHAEL
CARTER.
D. Trust Revocability. The Trust is revocable and CHARLES MICHAEL CARTER
may revoke the Trust.
E. Governing Law. The Trust is subject to the law of the State of Colorado.
F. Beneficiary. The current beneficiary of the Trust is CHARLES MICHAEL
CARTER during his lifetime.
G. Manner of Taking Title. Title to Trust assets should be taken in the name of:
"CHARLES MICHAEL CARTER, as Trustee of the CARTER COLORADO REVOCABLE
TRUST u/a dated November 19, 2020."
H. Reliance by Third Parties. This certification of trust is intended to meet the
requirements of RCW 11.98.075. Accordingly, a person who acts in reliance upon this
certification of trust without knowledge that the representations contained herein are incorrect is
not liable to any person for so acting and may assume without inquiry the existence of the facts
contained in the certification. Knowledge of the terms of the trust may not be inferred solely from
the fact that a copy of all or part of the trust instrument is held by the person relying upon the
certification. Furthermore, a person who in good faith enters into a transaction in reliance upon a
certification of trust may enforce the transaction against the trust property as if the representations
contained in the certification were correct.
Pursuant to RCW 11.98.075(2), MATHEW C. TEAGARDEN, ESQ., declares that the Trust has
not been revoked, modified, or amended in any manner which would cause the representations
contained in this certification of trust to be incorrect, and does further declare that this certification
of trust is signed as legal counsel for the currently acting trustee of the Trust.
Signed this ?vJ day of rL6� , 2023.
MATHEW C. TEAGARDEN, ESQ.
4886-5089-3395\ 1
STATE OF WASHINGTON
ss.
COUNTY OF KING
On thisr;JK of , 2023, before me, the undersigned, a Notary Public in and for
the State of Washington, duly commissioned and sworn, personally appeared MATHEW C.
TEAGARDEN, to me known to be the individual who executed the within and foregoing
instrument and acknowledged said instrument to be his free and voluntary act and deed, for the
uses and purposes therein mentioned, and on oath stated that he is authorized to execute said
instrument.
IN WITNESS WHEREOF, I have hereu my hand and affixed my official seal the
day and year first above written.
IRICIA,,,�, (S; atureof Notary)
QP • ••460tic°,,,,
.' 48 (Legibly Print or Stamp Name of Notary)
;'• NOTgRy •' `�' = Notary Public i for the State o Washington,
3 p�= residing at
eCIC h ` -
7,\ My appointment expires
�NFXPIRES�O•:0���.
4886-5089-3395\1
Charles M. Carter
678 Primrose Lane, Friday Harbor WA 98250
Cell: 818-429-0498; cmcarter10 aol.com
May 1, 2023
Garfield County
Community Development Department
108 Bch Street, Suite 401
Glenwood Springs, CO 81601
Attention: Glenn Hartmann, Principal Planner
Re: Description of My Mineral Owner Research Process
[Project: Carter Amended Final Plat E-11 and E-12 Aspen Glen Filing 1
Practical Location: 67 and 77 Puma Lane, Carbondale CO
Type of Application: Amended Final Plat]
Dear Mr. Hartmann:
I followed the Garfield County Attorney suggested process today in researching the mineral interests in
my two lots, as follows:
1. Deeds. I reviewed the Special Warranty Deed for Lot E-11 dated January 15, 2021 and the
Special Warranty Deed for Lot E-12 dated August 18, 2022, noting that neither deed contain any
description of mineral interest exceptions.
2. Title Insurance Policies. I reviewed the Title Insurance Policy for Lot E-11 issued by Title
Company of the Rockies dated March 18, 2021 and the Title Insurance Policy for Lot E-12 issued
by Land Title Guarantee Company dated September 29, 2022, noting the mineral interest
exceptions listed in each policy.
3. Title Commitment. I also reviewed the Title Commitment for 67 and 77 Puma Ln, Carbondale
CO 81623 issued by Land Title Guarantee Company dated 2/15/2023, noting the mineral interest
exceptions listed therein.
4. Aspen Glen Final Plat prepared by Schmueser Gordon Meyer Inc. dated December 1, 1994. 1
reviewed this Plat, noting Aspen Glen minerals listed therein.
Assessor's Office. I met with Casey Lawrence, GIS Lead Analyst, Garfield County Assessor's
Office, noting that the Assessor's office does not document mineral reservation ownership for
its tax roll records. However, this meeting confirmed that the office had made a typographical
error in the Property Description section of my Real Estate Property Tax Notice 2022 Taxes Due
in 2023 for each lot. The corrected Section is 20, not Section 29 as currently indicated. Mr.
Lawrence made a real-time correction to their system. This was an important correction in my
research process.
Research with the Clerk and Recorder's Computer. I met with Edna Place, Chief Deputy Clerk,
and Chrissy Ziegler -Doran, Recording Clerk, of Garfield County, for access to the Computer and
instructions on its use. They were very helpful! I used the Clerk and Recorder's Computer to
determine if each of the mineral interest owners as a Grantor had transferred mineral interest
to the present day and made copies of relevant documents.
The attached completed and signed Certification of Mineral Owner Research reflects the results of my
research process.
Please let me know if you require any further information, as I am eager to assist in the completeness
review and in finalizing my application which, hopefully, will result in obtaining Garfield County approval
of my application as soon as possible. Construction of my personal residence is proceeding on Lot E-11
with, subject to approval of my application, the planned reorientation of the driveway and landscaping
on Lot E-12.
15inc ly,
,Charles M. Carter
fj� Garfield County
CERTIFICATION OF MINERAL OWNER RESEARCH
This form is to be completed and submitted with any application for a Land Use Change Permit.
Mineral interests may be severed from surface right interests in real property. C.R.S. § 24-65.5-101, et seq,
requires notification to mineral owners when a landowner applies for an application for development from a
local government. As such, the landowner must research the current owners of mineral interests for the
property.
The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4-101(E)(1)(b)(4) requires
written notice to owners of mineral interests in the subject property in accordance with C.R.S. § 24-65.5-101,
et seq, "as such owners can be identified through the records in the office of the Cleric and Recorder or
Assessor, or through other means." This form is proof of applicant's compliance with the Colorado Revised
Statutes and the LUDC.
The undersigned applicant certifies that mineral owners have been researched for the subject property as
required pursuant to C.R.S. § 24-65.5-101, et seq, and Section 4-101 (E)(1)(b)(4) of the Garfield County Land
Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies
the following (Please initial on the blank line next to the statement that accurately reflects the result of
research):
I own the entire mineral estate relative to the subject property; or
Minerals are owned by the parties listed below
The names and addresses of any and all mineral owners identified are provided below (attach additional pages
as necessary):
Name of Mineral Owner
Mailing Address of Mineral Owner
' 25
F S U
I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the
LUDC.
kC, V(9,(--d -
-L
Applicant's Signatur
Date/
Book 336 Recorded at......1:..7.Z --o'clock......1?.-..M............%Aa_P_t__2.67• 1.9-61.......................
Pale 570
Reception No.2UU9....... ..-......... ........Reeorder.
rjws DEED, Made this 25th day of September
1n the year of our Lord one thousand nine hundred and sixty-one
between
- Caesar J. Chue - - -
of the County el Garfield and State
of Colorado, of the first part, and
- - -Mary Lu F. Seeburg - - -
of the County of Cook and State
li'ITNESSETH, Tbat the said part y of the first kart, for and in consideration of the sum of
- - Ten Dollars and other good and sufficient considerations
' to the said part y of the first part in hand paid by the. Bald part y of the second part, the. receipt
whereoY is hereby confessed and acknowledged, ba 8 granted, bargained, sold and Conveyed, and by these
presents does grant, bargain, sell, convey and confirm, Unto the said part y of the second Palk, her
f heirs and assigns forever, all the following described lot S or parcel S of laud, situate, lying aria being
c7 ( in the County of Garfield and State of Colorado, to -wit:
z
Lots Twelve (12) and Sixteen (16) in Section 20, and Lots Two (2) and Three
d o (3) in Section 29,, all in Township 7 South, Range 88 West of the Sixth principal
H 6 1 Meridian, excepting therefrom however 95/100 of an acre more or lees
p p heretofore conveyed and fully described in that certain warranty deed recorded
z in the office of the Clerk and Recorder of Garfield County, Colorado, as
Document into. 174213, in Book 255 at, Page 272 of said records.
Together with all ditch and water rights appertaining to or used in connection
with the above described lands and more particularly, but without limitation
upon the foregoing, an undivided one-half interest in and to the Crane and
Peebles Ditch, the same being Ditch No. SZHA, in the decrees of the District
Court of Garfield County, Colorado, in and for Water District No. 38, with
J an undivided one -halt interest in and to Priority No. 133CA for 6.4 cubic feet
of water per second of time, and -in and to Priority No. 295 for 5. 6 cubic feet
of water persecond of time, which Priorities were awarded said ditch under
! the decrees aforesaid, Also all of J. F. Smithis and Blanche T. Smith's
rights to the 't Smith Spring's .
Excepting from the above described lands rights -of -way for road, highway,
ditches and except a 100 foot strip heretofore conveyed to the Denver and
j Rio Grande Railxoad Co,
Together with all improvements situate upon said lands
Excepting and reserving, however, unto the said grantor, his heirs and assigns
an undivided one-fourth interest in and to all oil, gas, hydrocarbons and
minerals of every kind and nature in, on or under the lands hereby conveyed,
together with the right to enter upon said lands and explore, drill, mine and
produce, upon payment to the owner of the surface for all damages occasioned
in connection therewith, any of said abode described substances, -
F 1 as r,
TOGETHER with all and singular the hereditaments and appnrtenancee thereto belonging, or in anywise
appertaining, and the reversion and reversions, remainder sad remainders. rents, manes and profits t]tereof; and w1
I� tb_o estate, right, title, interest, claim and demand whateoever of the said part y of the first part, either lu law
. -or equity, or, in and to the above bargained premises, with the hereditaments and appnrtonan'ca.
Na 468. weaxnNTx naan--nor Pfiotasrnnhie hecord.—Bradford-Itobimon Pks. Co., Ettra RobFneaa'a L ogaI Bleaics, nenvcr.
Book 336
a 57'
•r0 iiAVE AND TO HOLD the, Bald hreinlnes allure bumatnt•d and dtw-rihed, with the uPPurtenancee, tinto the
part y of the M-,,o td part, he r 11e11•s and a!-ttf4ns forever. And the said part y of the first Part,
for hunt-lf, 11:3 heirs, executors, and admtlatstrators, do es euvenanG grant, bargain
and a;:reT to and with the said Dart y of the aecond Dart. he r heirs anti assigns, that at the tltme of the
Vtinraling and deliv,•ry of them- prescotm he is well seized of the premises above conveyed, as of good, sure,
perrext. shxulute and indefeasible estate of inheritance, in law, in rocNimhle, and ha s good right, full power
aad lawful authority to grant, bargaiu, sell and convey the same in mauner and form as aforesaid, and that the same
ar, tree and Blear from all former and otl7er grant& bat•Rains, salex,'Iien?•.. taxes, assessments and eacunibxauces or
tvhatnrerMad orDaturesoever, except taxes for the year 19t.1, due and payable in the
year 1962, which second party, by accepting and recording this deed, agrees
to flay.
and the allore harfuined pretllj�Qil Sn the ottlet and peaceable pogsesslan at the said part y of the second kart,
her heirs and a nfgas: against all and every person or pereoas lawfully claiming or to claim the whole
or any part Lhereof, the w-tld Dart y of tiie first part. shall and will WAIMANT AND FOREVER DNFP]ND.
IN WXTNESS Wt IM80F, the said part y of the first part ha s liereunto set his hand
and soul the day and year first above written.
Sigued, Sealed and Delivered in the Presence of / / -... •y . C EAL)
- ------- -- ------ - ..- _ .....- .- ESnALI
I
_. .......I ................... _ - - [SEAL]
STATE OF COI,OR.ADO, i
• Bounty of Garfield. ss.
The -foregoing instrument was acknowledged before me this -:2.• % day of S e ptenib e r,
A.D.is bl ,by Caesar J. Chuc.
My commisslon expires C EC - / 1S („ ( ,'witness my band and of iulal seal.
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Book 314 Pa'l60
Filed for record t3e__2uasv of-29g_ A. D. 14_5 CC��
Zaa---,.�-.__Kaegan_______._ _RECORDER.
t£{' 13eeb,Mada this 5� day of December in the year of our Lord
one thousand nine hundred and fifty-eight, between
LEONIS P. CHUC
of the County of Garfield and State of Colorado, of the first part,
and MARY LU F. SEEBURG
Illinois
of the County of Cook , and State off, of the second part:
Witnesseth, That the said part y of the first part, for and in consideration of the sum of
Ten Dollars and other good and valuable considerations - - - - -- - - - - -V91921;W,
to the said part y of the first part in hand paid by the said part y of the second part, the receipt
whereof is hereby confessed and acknowledged, ha s granted, bargained, sold and conveyed, and by
these presents do es grant, bargain, sell, convey and confirm unto the said part y of the second
part, - her heirs and assigns forever, all the following described lots or parcel s of land,
situate, lying and being in the County of Garfield , and State of Colorado, to -wit:
PARCEL NO. 1.
Dots numbered Four (4), Five (5), Six (6), Seven (7), Ten (10) and Eleven (11),
in Section Tweet (20) and all that portion'of Lots numbered Eight (8), Nine (9)
and Thirteen en3 in Section Twenty (20), situate on the Easterly side of the
center of the Roaring Fork River, all in Township Seven (7). 8outh, Range Eighty-
eight (88) West of the Sixth Principal Meridian, together with all the improve -
mats thereon; also an undivided one-half (2) interest in and to the Crane and
Peebles Ditch and one --hall' (J) of the water decreed to said ditch, from the
Roaring Fork River, by the llistrict Court of Garfield County, Colorado, also
the Peebles waste :water ditch, and any and all other water rights belonging to,
used upon or i connection with the, above described land. Together with -,all
improvements s,tuate thereon.
PARCEL NO. 2t
A tract of land situated in Lot Twelve (12), Section Twenty (20), Township 7
South, Range 88 West of the 6th Principal Meridian and more fully described as
follows, to -wit:- Beginning at the Northwest Corner of said Lot 12; thence
South 10321• West 119.3 feet along the West line of said Lot 12;- thence South
$94S21 East 291,11 feet, thence North 13'211 East 11,3 feat; thence North 13031E
East 94.1 feet; thence North 89'411-East 112.0 feet; thence North 11.50 West
17.75 feet to the North line of said Lot 12; thence West 438.2 feet along the
,North line of said Lot 12 to the point of beginning, containing 0.95 of an acre,
more or less.
µ PARCEL NO. 3t .
The NEI1 VI', .and 3;ota .19 and 20 in Section 20, Township 7 South, Range 88 West
of the 6th Principal Meridian,, containing 123.81 acres.
PARCEL NO. }d:
A tract of land. situated an Lot 1, Section 20, Township 7 South, Range 88 West
of the Sixth Principal Mexidian and being more fully described as follows:
Beginning at the Southeast Corner of said Lot l; thence West 206.06 feet along
the South line ,of gain tat 1; thence N. 62'121 E. 170.83 feet to the south-
westerly Line of the Jenvier and Rio Grande Western Railroad; thence S. 35.271
E. 94-71 feet along the southresterly line of said railroad to its intersection
with the East line bf 'said Lot. 1; thence South 2.47 feet along the East line'
of said Lot 1 to the point of beginning, containing 0.19 of an acre, more or
less. . .
kYom the above conveyance of' PARCELS. NO. 11 2, 3 and 4, there is -hereby excepted and
reserved to the party of �he first part, his heirs devisees and assigns, the following:
A. All that part of Lots 1, 4, 5 and the NE4NW41 Sec. 20, Tp. 7 S., R. 88 W.-.6th P.M'
described as followss -
Beginning at.the Northwest -Corner of said Lot 4; .
thence E. 144.94 feet along the N.-line of said Lot 4;
thence S. 7502713y" E. 213.91 feet;
WARRANTY DrM—out West rrintiny . d Stat(onen Co,, C61pmlo snrin¢e, Cola. L9236
Book �14
Page 161
thence.N. 62013' 'S..286.05 feet to the southwesterly right-of-way
line of the Denver & Rio Grande Western Railroad;
thence S. 35027' E. 94.71 feat along said right -of -Nay lino to the
E. line of said Lot 1;
thence N. 86.21 feet salong the E. line -of said Lot 1 and said right-
of-way line;
thence S. 35'27' E. 595.it4-feet along said right-ef--way line;
thence S. 61,08' W. 297.47 feet;
thence N. 35050' W. 107.80 feed;
thence N. 30037' W. 153.30 feet;
thence N. 43°05' W. 62.30 feet;
thence N. 61006t W. S3.86 feet;
thence N. 88*051 W. 37.10 feet;
thence S. 73°23' W. 37.90 feet;.
thence S. 62' 1' W. 99.50 feet;
thence S. 74'351 W. 30.00 feet;
thence S. 89*38' W. 88.90 feet;
thence N. B7°44' W. 103.70 feet;
thence S. 83°36' W. 47.50 feet;
thence S. 82052' W. 34.22 feet to the W. line oi• said Lot 4;
thence N. 324.61 feet along the W. line of said Lot 4 to the point
of. beginning.
Containing 7.09 acres, more or less.
B. An undivided 1/20th interest in and to the half interest in the. ditch and
pater rights in the Crane and Peebles Ditch hereinabove described.
C. An undivided pne-fourth interest' in and to all oil., gas, hydro-caAoris and
minerals of every kind and nature in, on or under said lands, together with
the right to enter upon said lands and explore, drill, mine and produce,
upon payment to the owner of the surface, for all damages occasioned in
connection therewith, any of said above described substances. .
D. All the lands described in that certain Quit Glaim Deed from Leonis P. Chuo
to Richard C. Martin and Wilma S. Martin, recorded as ,Doc. No. 202536, in Book
310 at Page 431, in the records an the office of the Clerk and Recorder of
Garfield County,. Colorado.
Together With all and singular the hereditaments and appurtenances thereunto belonging, or in
anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and
profits thereof; and all the .estate, right, title, interest, claim and demand whatsoever of the said part y
of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments
and appurtenances.
To Have and to Hold The said premises above bargained and described, with the appurtenances, unto
the said party of the secend part, her heirs and assigns forever. And the
said
part y of the first part, for himself and for his heirs, executors and administrators,
do so covenant, grant, bargain and agree to and with the said part Y of the second part, her
heirs and assigns, that at the time of the enseaiing and delivery of these presents he is well
seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate oi'
inheritance, in law, in fee simple, and ha s good right, full power and lawful authority to grant, bargain,
seii and convey the same, in manner and form aforesaid, and that the same are free and clear from all
former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of�whatever kind
or natureseever; except general taxes for 1958 payable in 1959, which
shall be pro -rated to the date of this instrument, and except reservations in United
,states Patents and except lands occupied by railroads, highways and ditches, or
rights -of -way therefor;
Book 314
Page 162
and the above bargained premises, in the quiet and peaceable possession of the said part y
of the second part, her heirs and assigns, against all and every person or persons lawfully
clainifng or to claim the whole or any part thereof, the said part y of the first part shall and will
Warrant and Forever Defend.
In Witness Whereof, The said part y of the first part ha s hereunto set his hand
and seal the day and year first above written.
Signed, Sealed and Delivered in Presence o
- ----------• -.-. .. .............. -------
-------------------------- - ,-----------
---•--------------- ---- �_ -. .- _ ....M. ---------- -----
�
--------------- ---- ---------------------- -------------- •----------------
---------------------------------------------- C '-1
------------------
STATE OF COLORADO,
Iss.
County of GARFIEiD The foregoing instrument was
acknowledged before me this 5th day of December
a 19 58 ,by* LEONIS P. CHUC
.y v, IJGf,
'Witness my hand and of laial seal,
My commission expires July 29, 1961.
� ------------------
Notary Public.
+If actin in official or rcorc,-Utive mv"ItT, invert acme and also e81ce or MPUItq aad for whom actin¢.