HomeMy WebLinkAbout1.00 General Application MaterialsProperty Address: 419 County Road 250 Silt, CO
Order Number: 2023-12-46
Attorney
Goluba & Goluba PC
Neil W. Goluba
Delivery via: Secure Electronic Mail
Closing Contacts Rifle Branch:Closing Contact Glenwood Branch:
Denna Conwell Linda Gabossi
970.623.7505 970.947.0900
denna@cwtrifle.com linda@cwtrifle.com
Tasha Whitman
970.623.7506
tasha@cwtrifle.com
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule
B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 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.
Page 1 of 7
ALTA COMMITMENT FOR TITLE INSURANCE
issued by
COMMONWEALTH LAND TITLE INSURANCE COMPANY
NOTICE
IMPORTANT – READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION
OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO
DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE
COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO
EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED
IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE
COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER
PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I – Requirements; Schedule B, Part II – Exceptions; and the Commitment Conditions,
Commonwealth Land Title Insurance Company, a(n) Florida 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 Amount of Insurance and the name of the Proposed Insured.
If all of the Schedule B, Part I – Requirements have not been met within 180 days after the Commitment Date, this Commitment
terminates and the Company’s liability and obligation end.
COMMITMENT CONDITIONS
1.DEFINITIONS
a. “Discriminatory Covenant”: Any covenant, condition, restriction, or limitation that is unenforceable under applicable
law because it illegally discriminates against a class of individuals based on personal characteristics such as race,
color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally
protected class.
b. “Knowledge” or “Known”: Actual knowledge or actual notice, but not constructive notice imparted by the Public
Records.
c. “Land”: The land described in Item 5 of Schedule A and improvements located on that land that by State law constitute
real property. The term “Land” does not include any property beyond that described in Schedule A, nor any right, title,
interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway,
but does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
d. “Mortgage”: A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including
one evidenced by electronic means authorized by law.
e. “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.
f. “Proposed Amount of Insurance”: Each dollar amount specified in Schedule A as the Proposed Amount of Insurance
of each Policy to be issued pursuant to this Commitment.
g. “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued
pursuant to this Commitment.
h. “Public Records”: The recording or filing system established under State statutes in effect at the Commitment Date
under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a
purchaser for value without Knowledge. The term “Public Records” does not include any other recording or filing
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule
B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 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.
Page 2 of 7
system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing,
building, health, public safety, or national security matters.
i. “State”: The state or commonwealth of the United States within whose exterior boundaries the Land is located. The
term “State” also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and
Guam.
j. “Title”: The estate or interest in the Land identified in Item 3 of Schedule A.
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, this 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:
a. the Notice;
b. the Commitment to Issue Policy;
c. the Commitment Conditions;
d. Schedule A;
e. Schedule B, Part I – Requirements;
f. Schedule B, Part II – Exceptions; and
g. a counter-signature by the Company or its issuing agent that may be in electronic form.
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 is not liable for any other amendment to this
Commitment.
5.LIMITATIONS OF LIABILITY
a. 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:
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.
b. The Company is not 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.
c. The Company is only liable 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.
d. The Company’s liability does not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith
and described in Commitment Condition 5.a. or the Proposed Amount of Insurance.
e. The Company is not liable for the content of the Transaction Identification Data, if any.
f. The Company is not 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.
g. The Company’s liability is further limited by the terms and provisions of the Policy to be issued to the Proposed
Insured.
6.LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM
a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.
b. Any claim must be based in contract under the State law of the State where the Land is located and is restricted to
the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured
against the Company must be filed only in a State or federal court having jurisdiction.
c. 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.
d. 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.
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule
B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 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.
Page 3 of 7
e. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by
the Company.
f. 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.
7.IF THIS COMMITMENT IS 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 closing, settlement, escrow, or any other purpose.
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.CLAIMS PROCEDURES
This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed
Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6.
10.CLASS ACTION
ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE
OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT
PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING
RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS
PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY
ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION.
11.ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is $2,000,000 or
less may be arbitrated at the election 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.
COMMONWEALTH LAND TITLE INSURANCE
COMPANY
P.O. Box 45023, Jacksonville, FL 32232-5023
By:
Michael J, Nolan, President
By:
Marjorie Nemzura, Secretary
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule
B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 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.
Page 4 of 7
Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment Condition
5.e.:
Issuing Agent: Commonwealth Title Company of Garfield County, Inc.
Issuing Office: 127 East 5th Street
Rifle, CO 81650
Issuing Office’s ALTA® Registry ID: 1038730
Loan ID Number:
Commitment Number: 2023-12-46
Issuing Office File Number: 2023-12-46
Property Address: 419 County Road 250, Silt, CO 81652
Revision Number:
SCHEDULE A
1.Commitment Date: December 25, 2023 8:00 AM
2.Policy to be issued:
(a) 2021 ALTA Owner's Policy
Proposed Insured:
Proposed Amount of Insurance:$0
(b) 2021 ALTA Loan Policy
Proposed Insured:
Proposed Amount of Insurance:$0
3.The estate or interest in the Land at the Commitment Date is:
fee simple
4.The Title is, at the Commitment Date, vested in:
Michael Edward Watts and Cherry V. Watts
5.The land is described as follows:
The land is described as set forth in Exhibit A attached hereto and made a part hereof.
COMMONWEALTH TITLE COMPANY OF
GARFIELD COUNTY, INC.
127 East 5th Street, Rifle, CO 81650
Telephone: (970) 625-3300
Countersigned by:
Patrick P. Burwell
Commonwealth Title Company of Garfield County,
Inc., License #292895
COMMONWEALTH LAND TITLE INSURANCE
COMPANY
P.O. Box 45023, Jacksonville, FL 32232-5023
By:
Michael J, Nolan, President
By:
Marjorie Nemzura, Secretary
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule
B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 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.
Page 5 of 7
SCHEDULE B, PART I – Requirements
All of the following Requirements must be met:
1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then
make additional Requirements or Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company as set forth below:
TBD Commitment: $363.00
4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must
be properly authorized, executed, delivered, and recorded in the Public Records.
5. -This is an informational only commitment and no policy will be issued hereunder.
-Receipt of satisfactory Improvement Survey Plat certified to the Company (i) prepared from an on-the-ground
inspection by a registered land surveyor licensed in the State of Colorado; (ii) currently dated, showing the location
of the Property and all improvements, fences, easements, roads, rights-of-way and encroachments or other
matters identified in Schedule B - Section 2 of this Commitment, to the extent such matters are capable of being
shown, (iii) containing a legal description of the boundaries of the Property by metes and bounds or other
appropriate legal description; and (iv) meeting the criteria of Colorado Revised Statute 38-51-102(9), as amended,
for an Improvement Survey Plat.
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule
B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 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.
Page 6 of 7
SCHEDULE B, PART II – Exceptions
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This
Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each
Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining
provisions of the document will be excepted from coverage.
The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified
in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company:
1. Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage of area, encroachments, and any facts which a correct survey
and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not
shown by the public records.
5. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records
or is created, attached, or is disclosed between the Commitment Date and the date on which all of the Schedule B,
Part I—Requirements are met.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. Any lien or charge on account of the inclusion of subject property in an improvement district.
8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public
record.
9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to
penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the
authority of the United States, as reserved in United States Patent recorded on April 10, 1909 as Instrument
#36884 in the official records , in the official records , on September 25, 1908 as Instrument #35807.
10. Easement and right of way as described in document recorded on April 24, 1980 as Instrument #303305 in the
official records
11. Right of way for ditches and canals in place and in use.
12. Terms, conditions and all matters set forth in Agreement recorded on June 13, 1995 as Instrument #479288 in the
official records
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule
B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 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.
Page 7 of 7
EXHIBIT “A”
The Land referred to herein below is situated in the County of Garfield, State of Colorado, and is described as follows:
TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6th P.M.
SECTION 25: E1/2NW1/4NE1/4SE1/4
TOGETHER WITH a non-exclusive perpetual easement for access and egress 20 feet in width commencing at the
southwest corner of W1/2SW1/4NE1/4SE1/4 of Section 25, Township 5 South, Range 92 West of the 6th P.M., lying
adjacent to and easterly of the west line thereof, a distance of 580 feet northerly, more or less, and thence easterly along
and lying adjacent to and southerly of an old rock wall or fence a distance of 280 feet, more or less, and thence
northeasterly a distance of 90 feet more or less, to the common corner of W1/2NW1/4NE1/4SE1/4,
E1/2NW1/4NE1/4SE1/4, W1/2SW1/4NE1/4SE1/4, and E1/2SW1/4NE1/4SE1/4.
County of Garfield
TOGETHER WITH
A parcel of land situated in Section 25, Township 6 South, Range 92 West of the 6th P.M., being more particularly
described as follows:
Beginning at E 1/16 corner of said Section 25 a 3 1/4" aluminum BLM cap; thence N 90°00'00" E 340.27 feet to the TRUE
POINT OF BEGINNING, a point in a existing fence and the Northerly line of that property described in Book 479 at Page
355; thence along said fence line the following 2 courses and distances:
1) S 02°01'56" W 126.06 feet;
2) S 01°03'07" E 514.50 feet;
thence laving said fence line N 89°48'02" E 1.13 feet to a point on the Easterly line of that property decribed in said Book
and Page; thence along said Easterly line N 00°15'04" W 640.40 feet to the Northwest corner of said Book and Page;
thence along the Northerly line of said Book and Page S 90°00'00" W 3.30 feet to the True Point of Beginning.
DISCLOSURES
Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph F provides: "Whenever a title entity provides
the closing and settlement service that is in conjunction with the issuance of an owner's policy of title insurance, it
shall update the title commitment from the date of issuance to be as reasonably close to the time of closing as
permitted by the real estate records. Such update shall include all impairments of record at the time of closing or as
close thereto as permitted by the real estate records. The title insurance company shall be responsible to the
proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of
the title commitment, for all undisclosed matters that appear of record prior to the time of closing." Provided
Commonwealth Title Insurance Company of Garfield County, Inc. conducts the closing of the insured transaction and
is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the
Owner's Title Policy and the Lenders Policy when issued. This Notice is required by Colorado Division of Insurance
Regulation 8-1-2, Section 5, Paragraph G.
Pursuant to Colorado Division of Insurance Regulation 8-1-2, notice is hereby given that affirmative mechanic's lien
protection for the prospective insured owner may be available upon compliance with the following conditions:
A. The land described in Schedule A of this Commitment must be a single family residence, which includes a
condominium or townhouse unit. B. No labor or materials may have been furnished by mechanics or materialmen
for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C.
The Company must receive appropriate affidavits indemnifying the Company against all unfiled mechanic's and
materialmen's liens. D. Any deviation from conditions A through C above is subject to such additional requirements
or information as the Company may deem necessary; or, at its option, the Company may refuse to delete the
exception. No coverage will be given under any circumstances for labor or material for which the insured has
contracted for or agreed to pay. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph M.
Pursuant to Colorado Division of Insurance Regulation 8-1-3, notice is hereby given of the availability of a Closing
Protection Letter which may, upon request, be provided to certain parties to the transaction.
Pursuant to C.R.S. §10-11-122, notice is hereby given that:
A) The subject real property may be located in a special taxing district; B) A Certificate of Taxes Due listing each
taxing jurisdiction may be obtained from the County Treasurer's authorized agent; C) The information regarding
special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the
County Clerk and Recorder, or the County Assessor; and D) The company will not issue its policy of policies of title
insurance contemplated by the commitment until it has been provided a Certificate of Taxes due from the County
Treasurer or the County Treasurer's authorized agent; or until the Proposed Insured has notified or instructed the
company in writing to the contrary
C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall
contain a top margin of at least one inch and a left, right, and bottom margin of at least one half of an inch. The clerk
and recorder may refuse to record or file any document that does not conform.
Pursuant to C.R.S. §10-11-123, notice is hereby given:
This notice applies to owner's policy commitments containing a mineral severance instrument exception, or
exceptions, in Schedule B, Section 2.
A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the
surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and
use the property without the surface owner's permission.
If the transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the
disclosure/withholding provisions of C.R.S. §39-22-604.5 (Nonresident withholding).
Pursuant to C.R.S. §38-35-125(2), no person or entity that provides closing and settlement services for a real estate
transaction shall disburse funds as a part of such services until those funds have been received and are available for
immediate withdrawal as a matter of right. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph J.
"Good Funds Law"
C.R.S. §39-14-102 requires that a real property transfer declaration accompany any conveyance document
presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the
grantor or grantee and Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the
purchasers legal address, (not necessarily the same as the property address) be included on the face of the deed to
be recorded.
Property Address: 415 County Road 250 Silt, CO
Order Number: 2023-12-45
Loan Number:
Attorney
Goluba & Goluba
Neil W. Goluba
Delivery via: Secure Electronic Mail
Closing Contacts Rifle Branch:Closing Contact Glenwood Branch:
Denna Conwell Linda Gabossi
970.623.7505 970.947.0900
denna@cwtrifle.com linda@cwtrifle.com
Tasha Whitman
970.623.7506
tasha@cwtrifle.com
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule
B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 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.
Page 1 of 7
ALTA COMMITMENT FOR TITLE INSURANCE
issued by
COMMONWEALTH LAND TITLE INSURANCE COMPANY
NOTICE
IMPORTANT – READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION
OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO
DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE
COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO
EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED
IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE
COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER
PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I – Requirements; Schedule B, Part II – Exceptions; and the Commitment Conditions,
Commonwealth Land Title Insurance Company, a(n) Florida 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 Amount of Insurance and the name of the Proposed Insured.
If all of the Schedule B, Part I – Requirements have not been met within 180 days after the Commitment Date, this Commitment
terminates and the Company’s liability and obligation end.
COMMITMENT CONDITIONS
1.DEFINITIONS
a. “Discriminatory Covenant”: Any covenant, condition, restriction, or limitation that is unenforceable under applicable
law because it illegally discriminates against a class of individuals based on personal characteristics such as race,
color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally
protected class.
b. “Knowledge” or “Known”: Actual knowledge or actual notice, but not constructive notice imparted by the Public
Records.
c. “Land”: The land described in Item 5 of Schedule A and improvements located on that land that by State law constitute
real property. The term “Land” does not include any property beyond that described in Schedule A, nor any right, title,
interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway,
but does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
d. “Mortgage”: A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including
one evidenced by electronic means authorized by law.
e. “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.
f. “Proposed Amount of Insurance”: Each dollar amount specified in Schedule A as the Proposed Amount of Insurance
of each Policy to be issued pursuant to this Commitment.
g. “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued
pursuant to this Commitment.
h. “Public Records”: The recording or filing system established under State statutes in effect at the Commitment Date
under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a
purchaser for value without Knowledge. The term “Public Records” does not include any other recording or filing
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule
B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 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.
Page 2 of 7
system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing,
building, health, public safety, or national security matters.
i. “State”: The state or commonwealth of the United States within whose exterior boundaries the Land is located. The
term “State” also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and
Guam.
j. “Title”: The estate or interest in the Land identified in Item 3 of Schedule A.
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, this 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:
a. the Notice;
b. the Commitment to Issue Policy;
c. the Commitment Conditions;
d. Schedule A;
e. Schedule B, Part I – Requirements;
f. Schedule B, Part II – Exceptions; and
g. a counter-signature by the Company or its issuing agent that may be in electronic form.
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 is not liable for any other amendment to this
Commitment.
5.LIMITATIONS OF LIABILITY
a. 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:
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.
b. The Company is not 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.
c. The Company is only liable 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.
d. The Company’s liability does not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith
and described in Commitment Condition 5.a. or the Proposed Amount of Insurance.
e. The Company is not liable for the content of the Transaction Identification Data, if any.
f. The Company is not 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.
g. The Company’s liability is further limited by the terms and provisions of the Policy to be issued to the Proposed
Insured.
6.LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM
a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.
b. Any claim must be based in contract under the State law of the State where the Land is located and is restricted to
the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured
against the Company must be filed only in a State or federal court having jurisdiction.
c. 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.
d. 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.
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule
B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 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.
Page 3 of 7
e. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by
the Company.
f. 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.
7.IF THIS COMMITMENT IS 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 closing, settlement, escrow, or any other purpose.
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.CLAIMS PROCEDURES
This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed
Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6.
10.CLASS ACTION
ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE
OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT
PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING
RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS
PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY
ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION.
11.ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is $2,000,000 or
less may be arbitrated at the election 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.
COMMONWEALTH LAND TITLE INSURANCE
COMPANY
P.O. Box 45023, Jacksonville, FL 32232-5023
By:
Michael J, Nolan, President
By:
Marjorie Nemzura, Secretary
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule
B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 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.
Page 4 of 7
Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment Condition
5.e.:
Issuing Agent: Commonwealth Title Company of Garfield County, Inc.
Issuing Office: 127 East 5th Street
Rifle, CO 81650
Issuing Office’s ALTA® Registry ID: 1038730
Loan ID Number:
Commitment Number: 2023-12-45
Issuing Office File Number: 2023-12-45
Property Address: 415 County Road 250, Silt, CO 81652
Revision Number:
SCHEDULE A
1.Commitment Date: December 25, 2023 8:00 AM
2.Policy to be issued:
(a) 2021 ALTA Owner's Policy
Proposed Insured:
Proposed Amount of Insurance:$0
(b) 2021 ALTA Loan Policy
Proposed Insured:
Proposed Amount of Insurance:$0
3.The estate or interest in the Land at the Commitment Date is:
fee simple
4.The Title is, at the Commitment Date, vested in:
Zang Family Trust
5.The land is described as follows:
The land is described as set forth in Exhibit A attached hereto and made a part hereof.
COMMONWEALTH TITLE COMPANY OF
GARFIELD COUNTY, INC.
127 East 5th Street, Rifle, CO 81650
Telephone: (970) 625-3300
Countersigned by:
Patrick P. Burwell
Commonwealth Title Company of Garfield County,
Inc., License #292895
COMMONWEALTH LAND TITLE INSURANCE
COMPANY
P.O. Box 45023, Jacksonville, FL 32232-5023
By:
Michael J, Nolan, President
By:
Marjorie Nemzura, Secretary
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule
B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 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.
Page 5 of 7
SCHEDULE B, PART I – Requirements
All of the following Requirements must be met:
1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then
make additional Requirements or Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company as set forth below:
TBD Commitment: $363.00
4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must
be properly authorized, executed, delivered, and recorded in the Public Records.
5. -This is an informational only commitment and no policy will be issued hereunder.
-Receipt of satisfactory Improvement Survey Plat certified to the Company (i) prepared from an on-the-ground
inspection by a registered land surveyor licensed in the State of Colorado; (ii) currently dated, showing the location
of the Property and all improvements, fences, easements, roads, rights-of-way and encroachments or other
matters identified in Schedule B - Section 2 of this Commitment, to the extent such matters are capable of being
shown, (iii) containing a legal description of the boundaries of the Property by metes and bounds or other
appropriate legal description; and (iv) meeting the criteria of Colorado Revised Statute 38-51-102(9), as amended,
for an Improvement Survey Plat.
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule
B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 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.
Page 6 of 7
SCHEDULE B, PART II – Exceptions
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This
Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each
Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining
provisions of the document will be excepted from coverage.
The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified
in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company:
1. Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage of area, encroachments, and any facts which a correct survey
and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not
shown by the public records.
5. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records
or is created, attached, or is disclosed between the Commitment Date and the date on which all of the Schedule B,
Part I—Requirements are met.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. Any lien or charge on account of the inclusion of subject property in an improvement district.
8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public
record.
9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to
penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the
authority of the United States, as reserved in United States Patent recorded on September 25, 1908 as Instrument
#35807 in the official records , on February 2, 1892 as Instrument #13487 in the official records .
10. Right of way for ditches and canals in place and in use.
11. Easements, rights of way, plat notes and all matters described and set forth on the Plat recorded on September
18, 1908 as Instrument #37488 in the official records
12. Oil, gas and mineral lease recorded on October 29, 2010 as Instrument #739587 in the official records and any
and all interests therein or assignments thereof.
13. Terms, conditions and all matters set forth in Agreement recorded on October 11, 2022 as Instrument #980202 in
the official records
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule
B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 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.
Page 7 of 7
EXHIBIT “A”
The Land referred to herein below is situated in the County of Garfield, State of Colorado, and is described as follows:
Tracts 31, 32, 33 and 48 in Section 25, Township 5 South, Range 92 West of the 6th P.M. as shown on Plat No. 1 of the
Antlers Orchard Development Company filed for record in the office of the Garfield County Clerk and Recorder, said
property being otherwise described as the south half of the SE1/4 of the NE1/4, and the east half of the NE1/4 of the
SE1/4 of Section 25, Township 5 South, Range 92 West of the 6th P.M.
County of Garfield
DISCLOSURES
Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph F provides: "Whenever a title entity provides
the closing and settlement service that is in conjunction with the issuance of an owner's policy of title insurance, it
shall update the title commitment from the date of issuance to be as reasonably close to the time of closing as
permitted by the real estate records. Such update shall include all impairments of record at the time of closing or as
close thereto as permitted by the real estate records. The title insurance company shall be responsible to the
proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of
the title commitment, for all undisclosed matters that appear of record prior to the time of closing." Provided
Commonwealth Title Insurance Company of Garfield County, Inc. conducts the closing of the insured transaction and
is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the
Owner's Title Policy and the Lenders Policy when issued. This Notice is required by Colorado Division of Insurance
Regulation 8-1-2, Section 5, Paragraph G.
Pursuant to Colorado Division of Insurance Regulation 8-1-2, notice is hereby given that affirmative mechanic's lien
protection for the prospective insured owner may be available upon compliance with the following conditions:
A. The land described in Schedule A of this Commitment must be a single family residence, which includes a
condominium or townhouse unit. B. No labor or materials may have been furnished by mechanics or materialmen
for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C.
The Company must receive appropriate affidavits indemnifying the Company against all unfiled mechanic's and
materialmen's liens. D. Any deviation from conditions A through C above is subject to such additional requirements
or information as the Company may deem necessary; or, at its option, the Company may refuse to delete the
exception. No coverage will be given under any circumstances for labor or material for which the insured has
contracted for or agreed to pay. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph M.
Pursuant to Colorado Division of Insurance Regulation 8-1-3, notice is hereby given of the availability of a Closing
Protection Letter which may, upon request, be provided to certain parties to the transaction.
Pursuant to C.R.S. §10-11-122, notice is hereby given that:
A) The subject real property may be located in a special taxing district; B) A Certificate of Taxes Due listing each
taxing jurisdiction may be obtained from the County Treasurer's authorized agent; C) The information regarding
special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the
County Clerk and Recorder, or the County Assessor; and D) The company will not issue its policy of policies of title
insurance contemplated by the commitment until it has been provided a Certificate of Taxes due from the County
Treasurer or the County Treasurer's authorized agent; or until the Proposed Insured has notified or instructed the
company in writing to the contrary
C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall
contain a top margin of at least one inch and a left, right, and bottom margin of at least one half of an inch. The clerk
and recorder may refuse to record or file any document that does not conform.
Pursuant to C.R.S. §10-11-123, notice is hereby given:
This notice applies to owner's policy commitments containing a mineral severance instrument exception, or
exceptions, in Schedule B, Section 2.
A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the
surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and
use the property without the surface owner's permission.
If the transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the
disclosure/withholding provisions of C.R.S. §39-22-604.5 (Nonresident withholding).
Pursuant to C.R.S. §38-35-125(2), no person or entity that provides closing and settlement services for a real estate
transaction shall disburse funds as a part of such services until those funds have been received and are available for
immediate withdrawal as a matter of right. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph J.
"Good Funds Law"
C.R.S. §39-14-102 requires that a real property transfer declaration accompany any conveyance document
presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the
grantor or grantee and Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the
purchasers legal address, (not necessarily the same as the property address) be included on the face of the deed to
be recorded.
1
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: 212725400035 DATE: 12/14/2023
PROJECT: Watts Basic Correction Exemption
OWNERS: Micheal and Cherry Watts
CONTACT/REPRESENTATIVE: Neil Goluba
ENGINEER/SURVEYOR/OTHER:
PRACTICAL LOCATION: 419 CR 250
TYPE OF APPLICATION: Basic Correction Exemption
ZONING: Rural
COMPREHENSIVE PLAN: Residential Medium High, Silt Area of Influence
I. GENERAL PROJECT DESCRIPTION Submittal requirements will include documentation of legal, physical, and adequate water supply for both parcels. Wastewater management plans and documentation of legal and adequate access will be required. Sine the property is developed, staff anticipates that this will just be reports showing everything is working correctly. Similarly, information on legal and adequate access is required for the application. A critical part of the Application will be the provision of the history of the parcels with a narrative explanation of the special circumstances and conditions, along with practical difficulties and undue hardship on the owner. A title commitment is required. Basic Correction Exemptions are heard at a public hearing before the BOCC. Public notice requirements include mailed notice to the mineral rights owners of the parcels and mailed notice to all owners of property within 200 feet of both parcels. Notice is done between 15 and 30 days prior to the public hearing. Instructions for notice are provided in the technical completeness letter.
2
II. COMPREHENSIVE PLAN The applications would not impact compliance with the comprehensive plan.
III. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The following Sections of the Garfield Land Use and Development Code as amended apply to the Application:
Section 5-204 Basic Correction Exemption including Sections 5-204 (B) Review Process and
Section 5-204 (C) Review Criteria
Section 5-305 – Amended Final Plat Review and Review Criteria
Table 5-103 Common Review Procedures and Required Notice
Section and Table 5-401 Submittal Requirements. Include demonstration of access, water,
and sewer or waiver requests.
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
IV. SUBMITTAL REQUIREMENTS Three physical copies of the application and one digital copy of the application are required at the time of submittal. As a convenience outlined below is a list of information typically required for this type of application. Table 5-401 Application Submittal Requirements outlines the specific application submittal criteria. The following list can function as a checklist for your submittal.
General Application Materials including.
o The Application Form (signed).
o Payment of Fees and signed Payment Agreement Form.
o A narrative describing the request and related information.
o Proof of ownership (Deed).
o Title Commitment.
o A Statement of Authority is required for any property owned by an LLC or other entity.
o A Letter of Authorization if an owner intends to have a representative complete the Application and processing.
o Names and mailing addresses of property owners within 200 ft. of the subject property from Assessor’s Office Records.
o Mineral rights ownership for the subject property including mailing address and/or statement on mineral rights research (see attached).
o A copy of the Preapplication Summary.
o Vicinity Map.
The Proposed Amended Final Plat according to 5-402.F. Final Plat.
All required certificates (signature blocks) shall be included on the plat.
3
If there are improvements on the property, improvement location information/survey information shall be provided to confirm that no non-conforming conditions will result from the amended plat.
Demonstration of access, water, and sewer or waiver request(s).
Response to the Review Criteria for a Basic Correction Exemption found in Section 5-204.C.
A copy of covenants on the property or reference to recording information for the covenants. Community Development Staff is available to meet with the Applicant to provide additional information and clarification on any of the submittal requirements and waiver requests.
4
V. REVIEW PROCESS
Staff will review the application for completeness. The application will be forwarded to referral agencies for additional technical comments. Staff will create a report based on the application and referral comments for the Director. Public Hearing(s): No Public Hearing, Directors Decision (with notice per code) Planning Commission X Board of County Commissioners
5
Board of Adjustment Referral Agencies: May include but is not limited to: Garfield County Surveyor, Garfield County Attorney, Garfield County Building Department, Garfield Road and Bridge, Garfield County Consulting Engineer, Homeowners Association, Utility providers, Local Fire District.
VI. APPLICATION REVIEW FEES
Planning Review Fees: $300
Referral Agency Fees: $na
Total Deposit: $300(additional hours are billed at hourly rate of $40.50)
VII. GENERAL APPLICATION PROCESSING The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six-month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal.
Pre-application Summary Prepared by:
12/14/2023 Philip Berry, Planner III Date
6
7
8
1
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: 212725400035 212725100002 DATE: 12/14/2023
PROJECT: Watts and Zang Family Trust Amended Final Plat
OWNERS: Micheal and Cherry Watts; Zhang Family Trust
CONTACT/REPRESENTATIVE: Neil Goluba
ENGINEER/SURVEYOR/OTHER: if different from above
PRACTICAL LOCATION: 419 and 415 CR 250 Silt, Co
TYPE OF APPLICATION: Amended Final Plat
ZONING: zoning type, including PUD
COMPREHENSIVE PLAN: Residential Medium High, Silt Area of Influence
I. GENERAL PROJECT DESCRIPTION The applicant is proposing to modify the boundaries between the two parcels. The Zhang Family Trust parcel is composed of several tracts from the Antlers Orchard Development Company plat from the early 20th century. The Watts parcel appears to have been illegally created after the County’s original subdivision regulations went into effect in 1972, and it will require a Basic Correction Exemption (BCE). This is a separate process but can be done concurrently with the Amended Final Plat. Only the AOD tract impacted by the amended final plat needs to be shown on that document. Title Commitments will b e necessary for both parcels, as well as all other application requirements. Since the BCE is a BOCC decision, staff anticipates the amended final plat would be called up to the Board for their considerations if the applications are done concurrently.
II. COMPREHENSIVE PLAN The application does not appear to impact compliance with the comprehensive plan.
2
III. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The following Sections of the Garfield Land Use and Development Code as amended apply to the Application:
Section 5-305 – Amended Final Plat Review and Review Criteria
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
IV. SUBMITTAL REQUIREMENTS Three physical copies of the application and one digital copy of the application are required at the time of submittal. As a convenience outlined below is a list of information typically required for this type of application. Table 5-401 Application Submittal Requirements outlines the specific application submittal criteria. The following list can function as a checklist for your submittal.
General Application Materials including
o The Application Form (signed)
o Payment of Fees and signed Payment Agreement Form (see attached)
o A narrative describing the request and related information
o Proof of ownership (Deed)
o Title Commitment
o A recorded Statement of Authority is required for any property owned by an LLC or other entity
o A Letter of Authorization if an owner intends to have a representative complete the Application and processing
o Names and mailing addresses of property owners within 200 ft. of the subject property from Assessor’s Office Records
o Mineral rights ownership for the subject property including mailing address and/or statement on mineral rights research (see attached)
o A copy of the Preapplication Summary
o Vicinity Map
The Proposed Amended Final Plat according to 5-402.F. Final Plat
All required certificates (signature blocks) shall be included on the plat
If there are improvements on the property, improvement location information/survey information shall be provided to confirm that no non-conforming conditions will result from the amended plat
An Improvements Agreement or waiver should be included with the request
3
A copy of covenants on the property or reference to recording information for the covenants
The Application should include a statement that the amendment will not result in any changes to drainage, access, utility services, and any other applicable Subdivision and Article 7 topics Community Development Staff is available to meet with the Applicant to provide additional information and clarification on any of the submittal requirements and waiver requests.
V. REVIEW PROCESS Call-Up for review by the Board in accordance with the procedures and review process contained in Section 4-112. Staff will review the application for completeness. The application will be forwarded to referral agencies for additional technical comments. Staff will create a report based on the application and referral comments for the Director. Public Hearing(s): X No Public Hearing, Directors Decision (with notice per code) Planning Commission Board of County Commissioners Board of Adjustment
4
Referral Agencies: May include but is not limited to: Garfield County Surveyor, Garfield County Attorney, Garfield County Building Department, Garfield Road and Bridge, Garfield County Consulting Engineer, Fire District.
VI. APPLICATION REVIEW FEES
Planning Review Fees: $100
Referral Agency Fees: $na
Total Deposit: $100(additional hours are billed at hourly rate of $40.50)
5
VII. GENERAL APPLICATION PROCESSING The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six-month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal.
Pre-application Summary Prepared by:
12/144/2023 Philip Berry, Planner III Date
6
7
8
ORF
R
EV I E W
TRUE NORTH COLORADO LLC.
A LAND SURVEYING AND MAPPING COMPANY
P.O. BOX 614 - 386 MAIN STREET UNIT 3
NEW CASTLE, COLORADO 81647
(970) 984-0474
www.truenorthcolorado.com
PROJECT NO: 2023-305
DATE: March 11, 2024
DRAWN
RPK
SURVEYED
GBL-MAN
SHEET
1 OF 2
TRUENORTH
A LAND SURVEYING AND MAPPING COMPANY
ORIGINAL FATHERING PARCEL- TRACT 31
(ZANG FAMILY TRUST)
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY
LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE
YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY
ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE
THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.
RESULTING FATHERING PARCEL - TRACT 31 (AS SURVEYED)
(ZANG FAMILY TRUST)
ORIGINAL WATTS EXEMPTION PARCEL:
A PARCEL OF LAND SITUATED IN SECTION 25, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH P.M., BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT E 1/16 CORNER OF SAID SECTION 25 A 3-1/4" ALUMINUM BLM CAP; THENCE N90°00'00"E 340.27 FEET
TO THE TRUE POINT OF BEGINNING, A POINT IN A EXISTING FENCE AND THE NORTHERLY LINE OF THAT PROPERTY
DESCRIBED IN BOOK 479 AND PACE 355; THENCE ALONG SAID FENCE LINE THE FOLLOWING 2 COURSES AND
DISTANCES:
1.) S02°01'56"W 126.06 FEET;
2.) S01°03'07"E 514.50 FEET
THENCE LEAVING SAID FENCE LINE N89°48'02"E 1.13 FEET TO A POINT ON THE EASTERLY LINE OF THAT PROPERTY
DESCRIBED IN SAID BOOK AND PAGE; THENCE ALONG SAID EASTERLY LINE N00°15'04"W 640.40 FEET TO THE
NORTHWEST CORNER OF SAID BOOK AND PAGE; THENCE ALONG THE NORTHERLY LINE OF SAID BOOK AND PACE
S90"00'00"W 3.30 FEET TO THE TRUE POINT OF BEGINNING. SAID PROPERTY CONTAINS 0.073± ACRES AS DESCRIBED.
COUNTY OF GARFIELD
STATE OF COLORADO.
RESULTING WATTS EXEMPTION PARCEL:
TRANSFER PARCEL:
(ZANG FAMILY TRUST TO WATTS)
OWNER'S ACKNOWLEDGEMENT (ZANG FAMILY TRUST)
KNOW ALL MEN BY THESE PRESENTS, ZANG FAMILY TRUST BEING THE OWNER(S) IN FEE SIMPLE OF THAT
PARCEL OF LAND RECORDED IN RECEPTION NO. 537993 AS SHOWN HEREON DOES HEREBY ACKNOWLEDGE
AND APPROVE THIS EXEMPTION PLAT & AMENDED FINAL PLAT.
OWNER: ZANG FAMILY TRUST
415 COUNTY ROAD 250
SILT, COLORADO 81652
BY: __________________________________________________________
JOHN CRETTI AS TRUSTEE
STATE OF COLORADO )
)SS
COUNTY OF GARFIELD )
THE FOREGOING OWNERS ACKNOWLEDGEMENT WAS ACKNOWLEDGED BEFORE ME THIS _______ DAY
OF___________________________, 2024, BY JOHN CRETTI AS TRUSTEE OF ZANG FAMILY TRUST.
MY COMMISSION EXPIRES:________________________
WITNESS MY HAND AND SEAL
___________________________________________________________________
NOTARY PUBLIC
OWNER'S ACKNOWLEDGEMENT (WATTS)
KNOW ALL MEN BY THESE PRESENTS, MICHAEL E. WATTS AND CHERRY V. WATTS BEING THE OWNER(S) IN FEE
SIMPLE OF THAT PROPERTY RECORDED IN RECEPTION NO. 444820 AS SHOWN HEREON DOES HEREBY
ACKNOWLEDGE AND APPROVE THIS EXEMPTION PLAT & AMENDED FINAL PLAT.
OWNER: MICHAEL E. WATTS & CHERRY V. WATTS
419 COUNTY ROAD 250
SILT, COLORADO 81652
BY:__________________________________________________________
MICHAEL E. WATTS - OWNER
BY:________________________________________________________
CHERRY V. WATTS - OWNER
STATE OF COLORADO )
)SS
COUNTY OF GARFIELD )
THE FOREGOING OWNERS ACKNOWLEDGEMENT WAS ACKNOWLEDGED BEFORE ME THIS _______ DAY
OF___________________________, 2024, BY MICHAEL E. WATTS AND CHERRY V. WATTS AS OWNERS.
MY COMMISSION EXPIRES:________________________
WITNESS MY HAND AND SEAL
________________________________________________________
NOTARY PUBLIC
CLERK & RECORDER'S CERTIFICATE
THIS EXEMPTION PLAT & AMENDED FINAL PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND
RECORDER OF GARFIELD COUNTY, COLORADO, AT ____ O'CLOCK _____, ON THIS ____ DAY OF ,
2024, AND IS DULY RECORDED AS RECEPTION NO. _______________________________________.
_________________________________________________________
CLERK AND RECORDER
BY_______________________________________________________
DEPUTY
N
VICINITY MAP
SCALE: 1" = 2,000'
COUNTY SURVEYOR'S CERTIFICATE
APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS AND
DRAFTING PURSUANT TO C.R.S., 38-51-101 AND 102, ET SEQ.
DATED THIS ____________ DAY OF _________________________, 2024.
BY:_________________________________________________________________
GARFIELD COUNTY SURVEYOR
SURVEYOR'S CERTIFICATE
I, RODNEY P. KISER, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE
STATE OF COLORADO, THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT OF WATTS EXEMPTION PLAT AND
AMENDED FINAL PLAT OF TRACT 31, THE ANTLERS ORCHARD DEVELOPMENT COMPANY'S PLAT NO. 1 AND THE WATTS
EXEMPTION PARCEL, AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN
ACCURATE SURVEY OF SAID PROPERTY BY ME, OR UNDER MY SUPERVISION, AND CORRECTLY SHOWS THE LOCATION AND
DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF SAID EXEMPTION PLAT & AMENDED FINAL PLAT AS THE SAME
ARE STAKED UPON THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND.
IN WITNESS WHEREOF, I HAVE SET MY HAND AND SEAL THIS ____ DAY OF , A.D., 2024.
RODNEY P. KISER
PROFESSIONAL LAND SURVEYOR
COLORADO REGISTRATION NO. 38215
CERTIFICATE OF TAXES PAID
I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND ASSESSMENTS DUE
AND PAYABLE AS OF , UPON ALL PARCELS OF REAL ESTATE
DESCRIBED ON THIS PLAT ARE PAID IN FULL.
DATED THIS _____ DAY OF , A.D., 2024.
TREASURER OF GARFIELD COUNTY
TITLE CERTIFICATE
SECTION 25, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH PM
COUNTY OF GARFIELD, STATE OF COLORADO
WATTS EXEMPTION PLAT
AND
AMENDED FINAL PLAT OF TRACT 31,
THE ANTLERS ORCHARD DEVELOPMENT COMPANY'S PLAT NO. 1
AND THE WATTS EXEMPTION PARCEL
POINT OF BEGINNING
TRACT 31
C-E 1/16 CORNER
SECTION 25
SET 3-1/4" ALUMINUM CAP ON
NO. 6 REBAR STAMPED TNC
PLS38215
CENTER 1/4
CORNER
SECTION 25
FOUND 3-1/4" 1993
BLM ALUMINUM CAP
N-E 1/16 CORNER
SECTION 25
FOUND 3-1/4" 1993
BLM ALUMINUM CAP
FOUND NO. 5 REBAR
& 1-1/4" YELLOW
PLASTIC CAP LS13501
S0
0
°
1
1
'
5
4
"
W
64
9
.
5
7
'
EAST 1/4 CORNER
SECTION 25
FOUND 3-1/4" 1989
BLM ALUMINUM CAP
SOUTH 1/16 CORNER
SECTION 25
FOUND 3-1/4" ALUMINUM
CAP 2022 LS36572
SE 1/16 CORNER
SECTION 25
FOUND 3-1/4" ALUMINUM
CAP 1998 LS31143
FOUND NO. 5 REBAR &
1-1/4" ORANGE PLASTIC
CAP TNC PLS38215
N90°00'00"E 1373.96'S90°00'00"W 341.27'
BASIS OF BEARINGS
N90°00'00"E 2747.92'
N90°00'00"E 686.98'
S89°40'50"E 690.68'
S89°55'00"W 681.63'
N0
0
°
2
2
'
0
3
"
W
1
3
1
5
.
0
4
'
N0
0
°
1
1
'
4
4
"
W
6
4
9
.
2
0
'
(OCCUPATION LINE)
WIRE FENCE LINE
FOUND NO. 5 REBAR
& 1-1/4" YELLOW
PLASTIC CAP LS13501
60' WIDE RIGHT-OF-WAY
RECEPTION NO. 37488
TRACT 32TRACT 31
TRACT 33
TRACT 48
30' WIDE RIGHT-OF-WAY
RECEPTION NO. 37488
30' WIDE RIGHT-OF-WAY
RECEPTION NO. 37488
60' WIDE RIGHT-OF-WAY
RECEPTION NO. 37488
COUNTY
ROAD 250
PAVED ROADWAY
(O
C
C
U
P
A
T
I
O
N
L
I
N
E
)
WI
R
E
F
E
N
C
E
L
I
N
E
EAST LATERAL
FARMERS
IRRIGATION
COMPANY DITCH
OWNER
PERRY & ANGELA URBAN
411 COUNTY ROAD 250 - SILT
PARCEL NO. 212725400038
OWNER
MICHAEL & CHERRY WATTS
417 COUNTY ROAD 250 - SILT
PARCEL NO. 212725400022
OWNER
RICHARD FAWSON
413 COUNTY ROAD 250 - SILT
PARCEL NO. 212725400028
OWNER
WESLEY & SALLY CLUGSTON
240 LAFRENZ CIRCLE - SILT
PARCEL NO. 212725100062
OWNER
TODD & STACEY SIMON
366 LAFRENZ CIRCLE - SILT
PARCEL NO. 212725100070
AMENDED TRACT 30
ANTLERS ORCHARD DEVELOPMENT
OWNER
JEFFERY & DEBORAH HAWK
407 COUNTY ROAD 250- SILT
PARCEL NO. 212725400055
AMENDED TRACT 35
ANTLERS ORCHARD DEVELOPMENT
TOTAL ADJUSTED AREA
9.757± ACRES
GRAVEL DRIVEWAY
PROVIDES ACCESS TO
THREE PROPERTIES
30' WIDE RIGHT-OF-WAY
RECEPTION NO. 37488
S90°00'00"W 340.27'
TOTAL ADJUSTED AREA
5.721± ACRES
RESULTING
WATTS EXEMPTION
PARCEL
FOUND NO. 5 REBAR &
1-1/4" YELLOW PLASTIC
CAP PLS31944
S88°40'39"W
102.92'N89°36'16"W
93.96'
S86°53'27"W
133.89'N07°14'52"W
68.44'
S90°00'00"W
5.45'N0
2
°
0
1
'
5
8
"
E
12
6
.
0
6
'
S02°01'58"W
58.94'
N0
1
°
0
3
'
0
5
"
W
5
1
4
.
5
0
'
S89°48'04"W1.13'N00°15'02"W
16.97'
S89°56'41"W 342.04'
S0
0
°
0
7
'
3
7
"
E
6
5
7
.
0
6
'
TRANSFER PARCEL
ZANG FAMILY TRUST TO WATTS
20,909± SQ.FT. (0.480± ACRES)
WI
R
E
F
E
N
C
E
L
I
N
E
S0
0
°
0
7
'
5
1
"
W
6
4
5
.
3
5
'
THE ANTLER'S ORCHARD
DEVELOPMENT COMPANY'S
PLAT NO. 1
POINT OF BEGINNING
TRANSFER & WATTS
EXEMPTION PARCEL
ORIGINAL PROPERTY LINE
ORF
R
EV I E W
LEGEND
NOTES:
6.THE PURPOSE OF THIS PLAT IS TO ESTABLISH THE WATTS EXEMPTION PARCEL AND DEPICT AN ADJUSTMENT TO
THE BOUNDARY LINE BETWEEN THE WATTS EXEMPTION PARCEL AND TRACT 31 OF THE ANTLERS ORCHARD
DEVELOPMENT COMPANY’S PLAT NO. 1.
TRUE NORTH COLORADO LLC.
A LAND SURVEYING AND MAPPING COMPANY
P.O. BOX 614 - 386 MAIN STREET UNIT 3
NEW CASTLE, COLORADO 81647
(970) 984-0474
www.truenorthcolorado.com
PROJECT NO: 2023-305 DRAWN
RPK
SURVEYED
GBL-MAN
SHEET
2 OF 2
TRUENORTH
A LAND SURVEYING AND MAPPING COMPANY
100'50'200'
SCALE: 1" = 100'
N
0
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY
LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE
YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY
ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE
THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.
SET NO. 5 REBAR & 1-1/4" ORANGE
PLASTIC CAP TNC PLS38215
DATE: March 11, 2024
WATTS EXEMPTION PLAT
AND
AMENDED FINAL PLAT OF TRACT 31,
THE ANTLERS ORCHARD DEVELOPMENT COMPANY'S PLAT NO. 1
AND THE WATTS EXEMPTION PARCEL
From:Goluba & Goluba PC
To:Philip Berry
Subject:RE: Watts and Zang NTC Letter
Date:Tuesday, April 2, 2024 1:20:52 PM
Attachments:Statement of Authority - recorded.pdf
Owners within 200 ft.pdf
Philip,
Please see the following responses to the additional materials requested in the NTC Letter of
March 25, 2024:
1. Attached is a copy of the recorded Statement of Authority. Pursuant to CRS 38-30-172,
the Statement of Authority is all that is required to provide prima facie evidence of the
existence of the Zang Family Trust, the authority of John Cretti as Trustee to affect title
to real property owned by the Trust and his authority to execute the Statement of
Authority on behalf of the Trust. After discussion with Kelly, she indicated the
Application could move forward without the certification letter.
2. Pursuant to Section 4-101.E.1.b. of the Code, mailed notice is to be provided to the
owners of record of all adjacent property within a 200-foot radius of the subject parcel
as shown in the office of the County Clerk and Recorder or Assessor. The Application
pertains only to the Watts parcel and AOD Tract 31, the plat of which is recorded in the
Garfield County records. Accordingly, I believe the original submitted list of property
owners within 200 feet of the Watts parcel and AOD Tract 31 satisfies the Code
requirements.
3. As confirmed by the Title Reports, there are no lienholders or mortgage holders
associated with the subject parcels.
Let me know if you have any questions or need anything further to move forward with the
Application.
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, March 25, 2024 5:01 PM
To: Goluba & Goluba PC <golubapc@comcast.net>
Subject: Watts and Zang NTC Letter
Please see attached NTC letter and feel free to reach out to discuss. 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