HomeMy WebLinkAbout1.03 Title Commitmentn
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number: GW63010145
Customer Ref -Loan No.:
Property Address:
4006 COUNTY ROAD 115, GLENWOOD SPRINGS, CO 81601
1. Effective Date:
10-27-2015 at 5:00 P.M.
2. Policy to be Issued and Proposed Insured:
"TBD" Commitment $0.00
Proposed Insured:
A BUYER TO BE DETERMINED
3. The estate or interest in the land described or referred to in this Commitment and covered
herein is:
A FEE SIMPLE
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
DONALD B. HELMICH AND LINDA L. HELMICH
5. The Land referred to in this Commitment is described as follows:
PARCEL A:
A PARCEL OF LAND SITUATED IN LOTS 8, 9 AND 10 OF SECTION 29, TOWNSHIP 6 SOUTH, RANGE 88
WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING ATA NO. 5 REBAR FOUND AT A WESTERLY ANGLE POINT OF A PARCEL OF LAND
DESCRIBED IN RECEPTION NO. 637463 IN THE RECORDS OF THE GARFIELD COUNTY CLERK AND
RECORDER, WHENCE THE NORTH 1/4 CORNER OF SAID SECTION 29 BEARS NO3°15'38"W 734.10 FEET,
THENCE N21°54'00"W A DISTANCE OF 106.85 FEET;
THENCE N 68°06'00"E A DISTANCE OF 78.45 FEET;
THENCE N21°54'00"W A DISTANCE OF 177.13 FEET;
THENCE N68°0600" E A DISTANCE OF 136.55 FEET;
THENCE 521°54'00"E A DISTANCE OF 364.00 FEET;
THENCE S82°36'00"E A DISTANCE OF 163.49 FEET;
THENCE 39.09 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A 55.25 FOOT RADIUS, A
CENTRAL ANGLE OF 40°32'42" AND SUBTENDING A CHORD BEARING OF S24°35'04' W A DISTANCE OF
38.28 FEET,
THENCE SO4°18'43"W A DISTANCE OF 149.94 FEET;
THENCE N82°36'00"W A DISTANCE OF 438.20 FEET;
THENCE N34°26'40"W A DISTANCE OF 53.99 FEET;
THENCE N45°40'21"E A DISTANCE OF 140.95 FEET TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
PARCEL B:
n
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number: GW63010145
Customer Ref -Loan No.:
TOGETHER WITH A TWENTY FOOT EASEMENT FOR ROAD AND UTILITY PURPOSES IN JOINT USE
WITH SAID PARTIES OF THE FIRST PART, THEIR HEIRS, SUCCESSORS AND ASSIGNS, THE
CENTERLINE OF WHICH SAID ROAD IS DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE THE QUARTER CORNER COMMON TO SECTIONS 20 AND 29 IN SAID
TOWNSHIP AND RANGE BEARS NORTH 24 DEGREES 04 MINUTES 38 SECONDS WEST, 1022.17 FEET;
THENCE NORTH 04 DEGREES 18 MINUTES 43 SECONDS EAST, 150.48 FEET;
THENCE 55.43 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 45.25 FEET,
THE CHORD OF WHICH BEARS NORTH 39 DEGREES 24 MINUTES 21 SECONDS EAST, 52.03 FEET;
THENCE NORTH 74 DEGREES 30 MINUTES 00 SECONDS EAST, 37.36 FEET;
THENCE 46.47 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 58.75 FEET,
THE CHORD OF WHICH BEARS NORTH 51 DEGREES 50 MINUTES 17 SECONDS EAST, 45.27 FEET;
THENCE NORTH 29 DEGREES 10 MINUTES 34 SECONDS EAST, 64.84 FEET;
THENCE 155.93 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 841.44 FEET,
THE CHORD OF WHICH BEARS NORTH 34 DEGREES 29 MINUTES 06 SECONDS EAST, 155.71 FEET;
THENCE NORTH 39 DEGREES 47 MINUTES 38 SECONDS EAST, 54.31 FEET;
THENCE 171.22 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 330.00 FEET,
THE CHORD OF WHICH BEARS NORTH 24 DEGREES 55 MINUTES 49 SECONDS EAST, 169.30 FEET;
THENCE NORTH 10 DEGREES 04 MINUTES 00 SECONDS EAST, 79.65 FEET;
THENCE 119.21 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1542.00 FEET,
THE CHORD OF WHICH BEARS NORTH 07 DEGREES 51 MINUTES 07 SECONDS EAST, 119.18 FEET;
THENCE NORTH 05 DEGREES 38 MINUTES 13 SECONDS EAST, 42.41 FEET TOA POINT ON THE
SOUTHERLY BOUNDARY LINE OF A COUNTY ROAD AS CONSTRUCTED AND IN PLACE.
COUNTY OF GARFIELD
STATE OF COLORADO
Copyright 2006-2015 American Land Title Association. All Rights Reserved
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date
of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule 8-1
(Requirements)
Order Number: GW63010145
The following are the requirements to be complied with:
Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or
interest to be insured.
Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for
record, to -wit:
NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS
NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF
ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE
AND ANY AMENDMENTS THERETO.
1. RELEASE OF DEED OF TRUST DATED DECEMBER 27, 2013 FROM DONALD B. HELMICH AND LINDA L.
HELMICH TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF ANB BANK TO SECURE
THE SUM OF $70,500.00 RECORDED JANUARY 02, 2013, UNDER RECEPTION NO. 829381.
2. WARRANTY DEED FROM DONALD B. HELMICH AND LINDA L. HELMICH TO A BUYER TO BE
DETERMINED CONVEYING SUBJECT PROPERTY.
NOTE: ALL PARTIES WILL BE REQUIRED TO SIGN A FINAL AFFIDAVIT AND AGREEMENT AT CLOSING.
Order Number: GW63010145
Old Republic National Title Insurance Company
Schedule B-2
(Exceptions)
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the
satisfaction of the Company:
1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the
Land.
2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title
that would be disclosed by an accurate and complete land survey of the Land and not shown by the
Public Records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed
by law and not shown by the Public Records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date of the
proposed insured acquires of record for value the estate or interest or mortgage thereon covered by
this Commitment.
6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority
that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a
public agency that may result in taxes or assessments, or notices of such proceedings, whether or
not shown by the records of such agency or by the Public Records.
7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN
UNITED STATES PATENT RECORDED MARCH 26, 1965, IN BOOK 364 AT PAGE 4$l
9. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT
OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION,
SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP,
NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR
FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED
BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED OCTOBER 05, 1990, IN BOOK
790 AT PAGE 260.
10. RIGHT-OF-WAY EASEMENT TO HOLY CROSS ELECTRIC ASSOCIATION AS DESCRIBED IN
INSTRUMENT RECORDED FEBRUARY 3, 1992 IN BOOK 822 AT PAGE $1.
11. TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE AFFDAVIT RECORDED NOVEMBER 21,
2003 AT RECEPTION NO. 641457.
12. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF WATER ALLOTMENT CONTRACT
RECORDED NOVEMBER 26, 2003 IN BOOK 1542 AT PAGE 394.
IP"
Land Title
GUARANTEE COMPANY
—Score 1967—
JOINT NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY,
LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION,
LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY
LAND TITLE INSURANCE CORPORATION AND
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title,
LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal
and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your
trust and confidence is the bedrock of our business. We maintain and regularly review internal and external
safeguards against unauthorized access to non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
�► applications or other forms we receive from you, including communications sent through TMX, our web -based
transaction management system;
your transactions with, or from the services being performed by, us, our affiliates, or others;
a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
s the public records maintained by governmental entities that we either obtain directly from those entities, or from our
affiliates and non -affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows:
We restrict access to all Personal Information about you to those employees who need to know that information in
order to provide products and services to you.
► We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your
Personal Information from unauthorized access or intrusion.
► Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action.
► We regularly access security standards and procedures to protect against unauthorized access to Personal
Information,
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT I5
NOT PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be
disclosed. We may disclose your Personal Information when you direct or give us permission; when we are
required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or
criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable
privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or
relationship with you.
Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or
the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and
judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
IP"
Land Title
GUARANI fif. COMPANY
--since sy6; —
LAND TITLE GUARANTEE COMPANY
LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION
DISCLOSURE STATEMENTS
Note: Pursuant to CRS 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 will be obtained From the county treasurer of the county in which the real
property is located or that county treasurers authorized agent unless the proposed insured provides written instructions to the
contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property)
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.
Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's
office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and
recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to
documents using forms on which space is provided for recording or filing information al the top margin of the document.
Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph G of Article VII requires that "Every title entity shall be responsible for
all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for
recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company
conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number
5 will not appear on the Owner's Title Policy and the Lenders Policy when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B-2 of the
Commitment from the Owner's Policy to be issued) 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 have been furnished by mechanics or material -men for purposes of construction on the land described in
Schedule A of this Commitment within the past 6 months.
C) The Company must receive an appropriate affidavit indemnifying the Company against un -filed mechanic's and material -men's
liens.
D) The Company must receive payment of the appropriate premium.
E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior
to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain
construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate
premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be
necessary after an examination of the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay.
Note: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule
B-2.
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.
Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an
insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial
of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or
misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or
claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance
within the Department of Regulatory Agencies.
Commitment to insure
7
ALTA Commitment - 2006 Rev.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable consideration, commits to issue its policy or
policies of tide Insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in
the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the requirements; all subject to the provisions
of Schedule A and B and to the Conditions of this Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in
Schedule A by the Company. Alt liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or
policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company.
CONDITIONS AND STIPULATIONS
1. The term -mortgage-, when used herein, shad include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or
interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to
Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the
Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the
Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may
amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to
paragraph 3 of these Conditions and Supulations.
3, Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of
Insured in the form of policy or policies committed for and only for actual Toss incurred in reliance hereon in undertaking in good faith (a) to comply
with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon
covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such
liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies
communed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitrnent except as
expressly modified herein.
4. This commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of tide. Any action
or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or
interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment.
5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at
the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at
www.alta.org.
STANDARD EXCEPTIONS
In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is atso subject to the
following:
1. Rights or claims of parties in possession not shown by the Public Records.
1 Easements, or claims of easements, not shown by the Public Records.
3. Discrepancies, conflicts in boundary Innes, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would
disclose and which are not shown by the Public Records.
4. Any hen, or nght to a lien, for services, labor or material theretofore or hereafter furnished. imposed by law and not shown by the Public Records.
5. Defects, liens, encumbrances, adverse claims or other matters, if anycreated, first appearing in the Public Records or attaching subsequent to the
effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this
Commitment
IN WITNESS WHEREO=, Old Republic National Tide Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on
the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
Issued by
Land Title Guarantee Company
3033 East First Avenue
Suite 600
Denver, Colorado 80206
303-321-1880
John E. Freyer
President
Authonzed Officer or Agent
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Old Republic National Tide Insurance Company
a Stock Company
400 Second Avenue South
Minneapolis, Minnesota 55401
(612)371-1111
Mark 611brey
President
Randle Yo.gor
AMERICAN
LAND TITLE
ASSOCIATION
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FECOBOED AT 3a
FEC F 4-7
01CL00041 •v„ OCT 5 � �
AL SI F, COUNTY CLERK
G. FI_o CUUF:iY. COLORAO.:,
PROTECTIVE COVENANT
Bo:( 790 PLGE26O
Donald J. Rutherford and Karla M. Rutherford, the owners of
the real property situated in thy, county of Garfield and state oC
Colorado and described on Exhibit A attached hereto and made a
part herof in consideration of the sale of a tract of land
adjacent to the above described property to Michael S. Sullivan
and Christine X. Sullivan, which is described on Exhibit B
attached herto and made a part hereof, do hereby make the
following Protective Covenant and condition:
1. That no structure will be placed on the property
described in Exhibit A attached hereto that would impede the view
of Mt. Sopris from the adjacent property described in Exhibit B
attached hereto and made a part herof.
2. 'hat this Protective Covenant shall run with the land
described in Exhibit A and inure to the benefit of the land
described in Exhibit B.
3. That this protective Covenant and condition shall
continue for a period of twenty (20) years from the date this
document is filed for record with the Clerk and Recorder of
Garfiei.d County, Colorado, and shall thereafter be automatically
extended for successive periods of ten (10) years unless all of
the ownere of the land described in Exhibit B release said
Protective Covenant and condition in writing in the manner then
required for the recr;:ding of land instruments.
4. This Protective Covenant shall inure to the benefit of
and be binding upon the owners of the land described in Exhibit A
and B and their respective heirs, successors and assigns.
Dated this 5th day of October, 1990.
f G'./e.
Donald J. Rutherford
Karla M. Rutherford
The feregoi!ig -nstf:sment was acknowledged before me this 5th
day of October, 1990, by Donald J. Rutherford and Karla M.
l;utherfocd.
Witness my hand and official seal
Notary Public
;:a•, •• r
pow 'eVu UUGE 1.
EXII1I3VI' "A"
A tract•of land.`; a_i[jaeriiiT Lata -6',' 9 and 10 of Section 29, 'rp.
6 S., A: 88. West. of;t}ieAtiV:P:ii.;' described as follows:
i }.
Beginning at: a point' whence : the. Quarter Corner common to •
Sect.ionn, 20 and..29 inf:said=township and range bears -N. 07
.degrees -46'24" E..473.26,;:feet;F,I' - .
' theticeI N. 60 de9reeb:t'.06.,! 00" E'. :215:00 feet;
thence! 9:', 27..degree.B`::= 54101 E:364. 00 ,feet; .'
thence* 02`;'degrees::•300.. E. 163.49 feet t'o` L} a westerly line
of a roadway ag.,pre r '1•y;_•aonstructed and in'use;, -
..,
the ce along i.he weate-lye:line of. said roadway 30,,10 'feet along
the axc•:. of 'a cur-ve:'Lo :the :left• hairing a` radius. of 55.:25. feet,
the chord: o.rtwhre,.,
ich`•_bea4• degrees •35'0.4" W. 382(Cfeet; .
thence : a;ionh : the ; regtetly; i l ine - of • said roadway 3- . 04: degrees IB'
43" W.:149.94Feet,• ti .
thence:N.. 82 degieW36`00°0/302,25 feet;..
'thence N.. 21 , degrees;= -54 E 00"`' W, 456:98 feel to the .poant =of beginr i.ng:
Together' WLth':a 4/ent :'foot ,eaeteinent for road. and uti.l•i,ty
purposes in.jointtuee with_.naid parties of the first part, their
heirs; . sUcceaeilip . and-ass•i.gna, the center line of which , sa• d ,
road is °described'. as •followt�;• .
:Beginning aL• a ;point,, hence- the Quarter Corn r common to
Sections. 20 end ?Lin aaid'Eownship and ra g bears N. 2.4• _
degrees 04'.38" W..'1,0 20.7' feet; , •
.. thenae.N.: 04'degreee-.- 8,'43" E. 150.48:fect; '
!:hence: 55.43 `feet; a1o, g'.the. arc of a •curve to t right having
a radius of,45:25-,fee ;'•the chord' of which bears . 39 degrees
,,-
24'21-E; `.52.03 ,feet)': .-R• ' ,
. thence --N. 74 degreesi, 2:0100 L.:.37:. set;• ' .
thence:46..47 feet. a1o` g••the arc of a ';Urve to the' left. having a
'radius oE',;58.75 feet -,i 11 Q ord: of wIy h bears N. 51 .lege s
50'17" E.•.45...2:7-:feetl; :;-'::;,,,V,,:
thence N, 29 .degrees 1b' c .E. 54:-04. feet
• •thence:155.9,3 "feet i a o g.. - arc of a' curve to'the right having.
-a •radius. of :841 44•- fe`ej:=t Nord .of' which bears. N. 34. degrees
.:29"06" E. 155;:71, feet•. .
thence .14:.391:47" B" R.` 5.4:31x, t; . ..
thence' 1,71.22 .. '`e 'alcng'.the'..4ra' of 'a curve'to: the 'left having a
radius. of, 330`.0, `f.eet; '`the,:chi rd -of which' hears N. -.24 degrees 55
49" E.. -18L:30.:140
thence -44% 10:desire 1' 00" 79.65'. feet; -.
thence 119.2-1' feetr: a g'' the, arc . of ra: curve to the. left having a
i adios of i, 542.00,feet, •the,; chord of which' bears N. 07.••degreee
+.11.07",• E. ]-19.X8 feet; . a, . • •
-
thence ..N`. 05 de reeai `39' 13'� '-c. 42.'411: feet to -a
g . t , i point'on the .
iouther1y , boundary li.ne' of a..county road as constructed and
in place. ' ' ,: - .
• FXI3 13# 7'. " 3'r
A parcel .o1 land.'sitiia ed, in. the , SEl%4SW1I4 .of= Section 70 and in- i
bots. 2, 3, 8 and 9.'of ecta.on 29, al l• in Township 6, Sbut h,
•Range 88 :West. *f; the'.Eth'.P.M...lying southerly of the southerly
right*ofway:l ne. o.• a.=•couniy road as constructed and in. place,•
.Aeidpa•rcel• of. .a•nd iaadeaoxi.bed a•s, follows:
13eginni.ng at a: pbinti c7'F.i;hn:'isouther� ly right of way line of. said. •,
rour:ty .road whente`L ie4uarter •corner. common to Section 20 and
. 29 in. ,said . tnwnehip anc11. range bears•: . S ... 28 degrees - 04' 47" E..
179.35 feet, 4
- thence •5. 21 _dejreita ;54'00E • 589:49, Leet;
• thence S. 88: degrees 6'.00 W 1.36.55 feet;
e
ythcnc'N.- 21 'degrees 4'4'.00":.W: 01;0.2 feet to a point on Lhe ,
•southerly right.:or''waii, 1i.ne. of• sai:il: road;
thence 9, 73• degreea,•44.t00" E:..173.',60 feet along the southerly
right of way,,line, of:;•paid-'road -to ,the point of- I)egl.nning,
_COUNTY. OF GAREIELD • ;`.• • • -
STATE, OF COLORAb0 - .
•
,J S PACES37
ACCORDED AT 9°. O' CLOCK R +M. FEB 3 1992
6£C tr 431292 MILDRED AL5DORFi COUNTY CLERK
HOLY CROSS ELECTRIC ASSOCIATION, INC.
RIGHT -OF --WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
DONALD J. RUTHERFORD
KARLA M. RUTHERFORD
(hereinafter caned •Grantors', for a good and valuable consideration, the receipt whereof is hereby acknowledged, do
hereby grant unto HOLY CROSS ELECTRIC ASSOCIATION, INC., a cooperative corporation whose post office address
is P.O. Drawer 2150, Glenwood Springs, Colorado (hereinarte• called "Grantee) and to its successors and assigns, the
right of ingress and egress across lands of Grantors, situate in the County of Garfield, State of Colorado, dascrrbed as
toilows:
A tract of land situated in Lots 8, 9, and 10 of Section 29, Township 6 South, Range 68 West of the 6th P.M., as
more fully described In book 779 at pages 950 and 951 of the records of the Garfield County Courthouse,
Glenwood Springs, Colorado.
And, to construct, reconstruct, enlarge, operate, maintain and remove an electric transmission or distribution line or
system, within the above mentioned lands, upon an easement described as follows:
An easement twenty (20) feet in width, the centerline for said easement being a power fine as constructed, the
approximate location of which upon the above described property is shown on Exhibit A attached hereto and
made a part hared by reference. It Is agreed that down guys with anchors can be installed outside of the twenty
(20) foot easement.
The rights herein granted specifically allow Grantee to install additional poles, down guys with anchors, overhead
conductors and/or related facilities within the easement described by the attached exhibit.. Additional down guys with
anchors may also be installed outside the twenty (20) loot easement.
And, in addition, Grantors hereby grant to Grantee, and to its successors and assigns, the right to clear all trees and
bnish, by machine work or otherwise, within said easement, and the further right to cut trees, even though outside d said
easement, which are tall enough 10 strike the wires in falling.
Grantors agree that all pales, wire and other facilities installed by Grantee on the above described lands, shall remain the
property of Grantee, and shall be removable at the option of Grantee.
Grantors covenant that they are the owners of the above described lands and that the said lands are free and clear of
encumbrances and kens of whatsoever character, except those held by the following:
TO HAVE AND TO HOLD, said right-of-way end easement, together with all and singular, the rights and privileges
appertaining thereto, unto Grantee, its successors and assigns, forever. !! --
O
I WITNE WHEREOF, Grants have caused these presents to be duly executed on this 210 day of
PrlZt"141tr , 19
DONALD J. R H RFORD
STATE OF e -d rondo )
COUNTY OF Gar -click -1)
The foregoing instrument was acknowledged before me this
by DONALD J. RUTHERFORD AND KARLA M. RUTHERFORD
WITNESS my hand and official seat.
My commission expires: 7u9 # I c R.3
)ss.
W/0#91-13248:61-29:Rutheriord Relocation:B012-19-91
K_4 LA N. RLfTF'.ERFQ D i
an-tb day of l J.P.C.Prn6Pe- , 19q ,
A • m -�
Notary Public .7:
Address: (alp Data" is Dr tOb1
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841457 11/21/2003 02:55P B1540 P928 M ALSDORF
1 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO
AFFDAVIT RE: BOUNDARY LINE ADJUSTMENT
the undersigned affiants being first swam upon thereof, depose and state as follows:
1. We are the owners of real property in the unincorporated area of Garfield County,
which is described in Exhibit" A" which is attached hereto and incorporated herein by
reference.
2. We are desirous of adjusting the boundary lines of our lots and sign this Affidavit
in accordance with the Garfield County Subdivision Regulations of 1984, as amended.
3. We hereby represent that no new Tots will be created and therefore, that Garfield
County will not be required to issue any building permits, other than whet it would be
required to issue for the already existing lots.
4. We hereby represent that none of the parcels of property involved in this
boundary line adjustment is part of a previously platted subdivision of record.
5. We hereby represent that the boundary line adjustment made reference to herein
will not cause the loss of access by read or to utilities, to any parcel of property involved.
B. We hereby represent that the boundary line adjustment being made will not
result in any of the Tots involved being lass than the minimum lot size allowed as a result
of the boundary line adjustment or create any non -conforming setbacks for any existing
structures.
7. We hereby represent that a copy of the Affidavit will be recorded with the
Garfield County Clerk and Recorder.
FURTHER AFFIA SAYETH NOT
DONE this day of IPUe , 2003
i
James H. Austin
Linda L Helmich
NOTE: The full legal name of the Affiants should be typed or printed beneath each
signature line.
T ej 73 : £ I Jc4 FfE rnre/4—
/B/S- 001€00%,/ (. D
�, UJ uJod1b sPPs.Co Savo(
1111111 Ell 111111 11111 EN 111111111 11111 11111111
841467 11/21/2003 02:55P 81540 P927 h ALSDORF
2 of 4 R 21,00 D 0.00 GARFIELD COUNTY CO
STATE OF COLORADO
Ft-riie64
COUNTY OF @ARr-leeD
i
1
S
The foregoing docume,,',ir y •:: _ n�dswom to before me in nty
of Garfield, S e of Colorado thi`'t• _ '', N
of QL/ a Cou
20 . by
and 41 It4i
My Commission Expires: 4-/I'r/I.ay-
G'
JACKIE
LOTHIAN
STATE OF COLORADO
)ss
COUNTY OF GARFIELD
Notary blit
Age )1144a.u.
Address ai gib 1 /
The foregoing document was subscribed and swom to before me in the County
of Garfield, State of Colorado this day of , 2003
by James H. Austin and Linda L. Helmich
My Commission Expires:
Notary Public
Address
1 111111 11111 111111 11111 11111 1111 111111 111 1111 1111 IIM
541457 11/21/2083 02:55P 61540 P928 11 ALSDORF
3 of 4 R 21.08 D 8.08 GARFIELD COUNTY CO
Exhibit "A"
A parcel of land conveyed by Janes H. Austin to Linda L. Helmick
0.162 Acre parcel
A parcel of land situated in Lots 8 and 9 of Section 29, Township 6 South, Range
Be west of the Sixth Principal Meridian, Garfield County, Colorado being more
particularly described as follows.
Beginning at a No. 5 Rebar found at a westerly angle point of a parcel of land
described in Reception No. 637463 in the records of the Garfield County Clerk
and Recorder, whence the North 1/4 Corner of said Section 29 bears NO3°15'38"W
734.10 feet, thence
S10°11'03"W 151.05 feet to a point on the southerly line of said parcel, a 45
rebar with a red plastic cap (illegible), thence
N82°36100"W 43.95 feet to a 45 Rebar with a red plastic cap (illegible), thence
N34°26'409W 53.99 feet to a 45 Rebar with a red plastic cap L.S. 433638, thence
N45°40'21"E 140.95 feet to the point of beginning, containing an area of 0.162
acres, more or less.
Said parcel is to be merged with a tract of land presently identified as
Reception No. 637463, Book No. 1523, Page No. 280 in the records of the Clerk
and Recorder, Garfield County.
The Name and address of the person w
Jeffrey Allen Tuttle L.S. 33638,
Glenwood Springs, Colorado 8160
ted the above legal description is
ing Services, 226 Heather Lane,
I1 JLoio3
S. 33638 Date
1111111 11111111111 111111111111111 1111111111111111111111
641457 11/21/2003 02 55P 61540 P929 h ALSOORF
4 of 4 R 21.00 0 0.00 GARFIELD COUNTY CO
AUSTIN-HELMICH BOUNDARY LINE ADJUSTMENT
TO: Garfield County
FROM: James H. Austin and Linda L Helmich
RE: Letter of Explanation - Boundary Line Adjustment
In 1992 Don and Carla Rutherford constructed a residence on a 3 acre parcel of land
that encroached into the 10 foot setback/property line of neighbor James H. Austin.
The Rutherfords and James Austin exchanged property and adjusted their property
boundaries in a fashion that remedied the encroachment but Ieft the Rutherfords with
2.841 acres, plus or minus. They agreed that the total acreage would be restored to
the pre -encroachment amount at a subsequent date and this conveyance/boundary
adjustment accomplishes that.
Jkleol 474 -Sit eC----
James H. Austin inda L '= mich