HomeMy WebLinkAbout1.00 General Application MaterialsGARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4-34
G. Impact Analysis.
Where the proposed development will impact specific features of the site, the Applicant
shall describe both the existing conditions and the potential changes created by the
project. The Impact Analysis shall include a complete description of how the Applicant will
ensure that impacts will be mitigated and standards will be satisfied. The following
information shall be included in the Impact Analysis:
Response: Applicant is proposing to install a 40X60 enclosed metal
building to store stone, tools, and equipment. Applicant is also proposing
designated areas of the property to be used as stone storage. This will
have little impact on the property, the building would be placed on un
irrigated, vacant section of the property next to an existing garage.
Applicant will not have to remove any trees, just the dry grass that
covers the area for the proposed building. Stone screening will likely not
affect the neighbor’s views, as applicant has proposed stone storage
areas 100’ away from any property lines. Applicant will not remove any
trees that are within the proposed stone storage area. Stone will be
stacked close to the ground, no higher than 6 feet to ensure neighbors
views will not be obstructed. The neighbor to the north has a shop
building that aligns with the proposed metal building, so his view will not
be obstructed. The neighbor to the south also has a shop building that
would align with applicants proposed metal building. Applicant is aware
there is stone currently stored at the property that is not 100’ away from
the property line. Applicant is working on re locating stone to be within
the proposed storage areas. Also, applicant is awaiting for a large
amount of the stone to be removed entirely from the property. Applicant
does not anticipate to have as much stone that is pictured in the satellite
map in the small contractor’s yard.
The proposed small storage yard, will not have many employees
operating there at once. Employees will pick up stone / equipment as
necessary (not an everyday occurrence, only once or twice a week).
Stone deliveries occur on a monthly basis in the spring/summer and very
minimally in the winter, usually taking aprox. 1 hour to unload the truck).
Proposed building and storage areas would be beyond 100ft from
neighboring properties.
a. Adjacent Land Use. Existing use of adjacent property and neighboring properties within
1,500-foot radius.
Response:
• Agriculture (irrigation, grazing)
• Single-family residents
b. Site Features. A description of site features such as streams, areas subject to
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4-35
c.Site Features. A description of site features such as streams, areas subject to flooding,
lakes, high ground water areas, topography, vegetative cover, climatology, and other
features that may aid in the evaluation of the proposed development.
Response: The property is not subject to flooding and does not
have any natural bodies of water. A gravel driveway accesses
the property that terminates into a large gravel parking area.
Vegetation consists of privacy trees along the driveway and
surrounding the house, dry grass, and weeds.
d.Soil Characteristics. A description of soil characteristics of the site that have a
significant influence on the proposed use of the land.
Response: Soil will not have a significant influence on the
proposed use of land. The soil consists of dry hard dirt.
Applicant plans on leveling out soil for building
e.Geology and Hazard. A description of the geologic characteristics of the area including
any potential natural or manmade hazards, and a determination of what effect such
factors would have on the proposed use of the land.
Response: No areas of potential hazards are indicated within
the property
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4-36
Response: No areas of potential hazards are indicated within
the property
f.Groundwater and Aquifer Recharge Areas. Evaluation of the relationship of the subject
parcel to Floodplains, the nature of soils and subsoils and their ability to adequately
support waste disposal, the Slope of the land, the effect of sewage effluents, and the
pollution of surface Runoff, stream flow, and groundwater.
Response: Property is not within any Floodplain, nor is it at risk
for runoff into any streams or bodies of water. The development
will not have any impact on groundwater.
g.Environmental Impacts. Determination of the existing environmental conditions on the
parcel to be developed and the effects of development on those conditions, including:
i.Determination of the long-term and short-term effect on flora and fauna;
ii.Determination of the effect on designated environmental resources,
including critical wildlife habitat;
iii.Impacts on wildlife and domestic animals through creation of hazardous
attractions, alteration of existing native vegetation, blockade of
migration routes, use patterns, or other disruptions; and
iv.Evaluation of any potential radiation hazard that may have been
identified by the State or County Health Departments.
Response: The current environmental conditions of the part of the
property to be developed is a disturbed area of dirt and grass, other areas
of the property are occupied by a house and a garage and trees. No trees
will be removed as a result of the development.The development is not
expected to have any impacts on the environmental conditions of the
property or of surrounding properties. There will not be any impact on
wildlife. No radiation will be involved in the development.
h.Nuisance. Impacts on adjacent land from generation of vapor, dust, smoke, noise, glare
or vibration, or other emanations.
Response: Any nuisance created by the proposed development
will be minimal and within normal and expected levels
associated with putting up a building. Adjacent land uses are
similar. Vapor, dust, smoke, noise, glare, or vibrations are
anticipated to be minimal and the Applicant will take action to
reduce these impacts on the property and surrounding
properties.
i.Hours of Operation. The Applicant shall submit information on the hours operation of
the proposed use.
Response: Hours Of Operation will be within 7:00am and
7:00pm (Hours of operation will be less than that, peek time of
moving masonry on / off the property will occur around 7:00am-
8:00am and then 3:00pm-4:00pm)
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4-37
H.Traffic Study.
Assessment of traffic impacts is required based upon a Traffic Study prepared in
compliance with this section.
a.Type of Study Required.
i.The Traffic Study shall be comprised of a basic Traffic Analysis utilizing
existing County traffic counts as mapped, the Manual on Uniform Traffic
Control Devices, accepted Trip Generation manuals, and current
standards as applied by the CDOT.
Basic Traffic Analysis. The Basic Traffic Analysis shall include the following
information:
i.A map or maps depicting the parcel or activity area and showing the
following information:
Existing and proposed internal roads, adjoining roads, access
points, and access points for the finished development;
All County roads within a 1-mile radius of the development;
The nearest proximate intersections with State or Federal highways
likely to receive traffic impacts from the development; and
Activity areas for construction activity.
Response: Development is not anticipated to impact
any traffic
ii.A narrative description of existing land uses on the parcel, including
the following information:
Current Trip Generation estimates at existing access points;
It is estimated that 1 to 2 trips will be generated during
peak times (from 7:00am-8:00am and 3:00pm-4:00pm)
County driveway permits for the access points and status;
N/A- Applicant has driveway exemption permit
Permit requirements for access to a State highway, railroad
crossings, and status;
N/A
All access easements and information regarding the legal status of
these easements; and
Other appropriate current traffic information and legal constraints that may
apply.
Access to property is provided by a legal driveway. No other
traffic related constraints apply to the property.
iii.A narrative description of proposed land uses and Trip Generation
projections for each use, based on current Trip Generation manuals or
other credible and defensible analysis. Trip Generation projections
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4-38
shall be required for both the construction phase(s) and for the
completed development, with a breakdown of traffic into categories of
heavy trucks and other vehicle types for existing, temporary, or
proposed new access points.
Response: The proposed land use is for small
masonry contractors yard. It is estimated that 1
to 2 trips will be generated during peak times
(from 7:00am-8:00am and 3:00pm-4:00pm) by
employees (this includes construction phase)
And Approximately 3 heavy trucks per month
delivering material. (4-5 per month during
construction phase)
iv.A narrative description of the construction phase(s) of the
development, including the following:
Staging and storage areas;
Staging and Storage Is
anticipated to be minimal
Temporary access points;
Temporary access points will
not be used
Duration, types, and frequency of heavy truck traffic;
During construction activities, heavy traffic is
anticipated to be minimal and consist to the
delivery of concrete.
Access road segments to be impacted;
No access road segments will be impacted
Projected lane closures or traffic interruption, and a statement of
mitigation measures that will be applied to minimize
disruption and damage; and
All County or State permits that will be required.
Lane closures or traffic interruption will not occur. All
permits required will be obtained.
v.Map depicting existing Average Daily Traffic count information for all
County road segments and State or Federal highway intersections, at
the appropriate map scale. The map shall also include the following
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4-39
information:
Not applicable. It is not anticipated that the small storage yard will have an
impact on daily traffic
G.Water Supply and Distribution Plan.
Water will be provided by the existing well. This water source is
considered adequate to meet the limited needs of a small storage
yard. (Increase water usage is not anticipated for the storage
yard). Employees will have access to drinking water from the well.
Well permit is provided. Location of well is provided within the
well permit packet.
H.Wastewater Management and System Plan.
Portable toilets for employee use are already installed on site.
Grading and Drainage Plan
Significant drainage structures are not anticipated to be required or
provided. Features like street gutters, storm sewers, drainage channels,
and other conveyance structures, other than what is already exists, will not
be required for for the small contractors yard. To the best of our knowledge
, there is no wetlands or other water bodies receiving storm runoff from the
site. Significant grading of the site is not anticipated and existing grades
will be maintained. Modifications to the drainage of the pro perty are not
anticipated. Existing grades and areas of drainage will be maintained as
is. All drainage is routed to ditches / vegetated area on the property. Site
map, topography, and construction plans are provided.
7-48
Response: Applicant requests a waiver via administrative review. There will be very minimal traffic / employees on site
These standards shall apply to all industrial uses:
A. Residential Subdivisions.
Industrial uses shall not occupy a lot in a platted residential Subdivision.
Response: Applicant requests a waiver via administrative review. There will be minimal
employees / traffic on site at all times. Main use for permit is material / equipment
storage.
B. Setbacks.
All activity associated with these uses shall be a minimum of 100 feet from an adjacent
residential property line, unless the use is on an industrially zoned property, or located
within a building. At a minimum, required setbacks as identified in Table 3-201 shall apply.
Response: The proposed contractors yard generally meets the setback requirements.
Applicant is requesting a waiver for part A “Residential Subdivisions”.
C. Concealing and Screening.
When an industrial use is not located on an industrial zoned property, all storage,
Fabrication, service, and repair operations shall be conducted within an enclosed building
or have adequate provisions, based on location and topography, to conceal and screen
the facility and/or operations from adjacent property(s).
Response: All storage, fabrication, service, and repairs will be conducted within
an enclosed building. The building will be adequately screening so any activities
will not be visible to adjacent properties.
D. Storing.
1. Materials shall be stored on the property in a form or manner that will not
be transferred off the property by any reasonably foreseeable natural cause
or force.
2. All products shall be stored in compliance with all national, State, and local
codes.
3. Shall be a minimum of 100 feet from an adjacent property line or located
entirely within a building.
4. Petroleum and hazardous products shall be stored in an impervious spill
containment area(s).
Response: All materials will be stored in an enclosed building so they will not be transferred off
the property by any causes. All products will be stored in compliance with all codes. All
material will be stored a minimum of 100 ft from any adjacent property in an enclosed building.
Petroleum and hazardous products will be stored in an impervious spill containment area.
7-1001. INDUSTRIAL USE.
DIVISION 10. ADDITIONAL STANDARDS FOR INDUSTRIAL USES.
7-49
E. Industrial Wastes.
All industrial wastes shall be disposed of in a manner consistent with Federal and State
statutes and requirements of CDPHE. Flammable or explosive solids or gases and other
hazardous materials including wastes shall be stored according to the manufacturer’s
standards and shall comply with the national, State, and local fire codes and written
recommendations from the appropriate local fire protection district.
Response: Should industrial wastes or hazardous material be on the property,
proper storage and disposal standards will be followed.
F. Noise.
Noise shall not exceed State noise standards pursuant to C.R.S., Article 12, Title 25,
unless the use is regulated by the COGCC. In this case, the use shall be subject to
COGCC rules in regard to noise abatement.
Response: Applicant agrees to follow all noise standards. Loud noises are not
anticipated.
G. Ground Vibration.
Every use shall be operated so that the ground vibration inherently and recurrently
generated is not perceptible without instruments at any point of any boundary line of the
property.
Response: No ground vibration will occur at the storage yard.
H. Hours of Operation.
Any activity that will generate noise, odors, or glare beyond the property boundaries will
be conducted between the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday, or
as approved by the decision-making authority.
Response: The applicant agrees operation hours for the contractors yard will
be from 7:00 a.m to 7:00pm Monday through Sunday.
I. Interference, Nuisance, or Hazard.
Every use shall be so operated that it does not emit heat, glare, radiation, or fumes that
substantially interfere with the existing use of adjoining property or that constitutes a public
nuisance or hazard. Flaring of gases, aircraft warning signal, and reflective painting of
storage tanks, or other legal requirements for safety or air pollution control measures, shall
be exempted from this provision.
Response: Heat, glare, radiation, and fume emissions will not occur as a result of the
activities on the Property.
100' Boundary
Proposed Stone Storage
1620 Grand Avenue, Suite B
Glenwood Springs, CO 81601
Phone: 970-945-1169 Fax: 844-269-2759
www.titlecorockies.com
COMMITMENT TRANSMITTAL
Commitment Ordered By:
Kailey Flynn
Suarez Masonry LLC
2550 Hwy 82 Unit A-116
Glenwood Springs, CO 81601
email: mason@suarezmasonry.com
Inquiries should be directed to:
Becky Blanchard
Title Company of the Rockies
1620 Grand Avenue, Suite B
Glenwood Springs, CO 81601
Phone: 970-945-1169 Fax: 844-269-2759
email: BBlanchard@TitleCoRockies.com
Commitment Number:0605065-C
Buyer's Name(s):Purchaser with contractual rights under a purchaser agreement with the vested owner identified at item
4 below
Seller's Name(s):Suarez Holdings, LLC
Property:796 County Road 259, Silt, CO 81652
Lot TR E, Section 34 Township 5 Range 92, Subdivision Rolling Meadows, County of Garfield, State
of Colorado.
COPIES / MAILING LIST
Purchaser with contractual rights under a purchaser agreement with
the vested owner identified at item 4 below
Suarez Holdings, LLC
COLORADO NOTARIES MAY REMOTELY NOTARIZE REAL ESTATE DEEDS AND OTHER DOCUMENTS USING
REAL-TIME AUDIO-VIDEO COMMUNICATION TECHNOLOGY. YOU MAY CHOOSE NOT TO USE REMOTE
NOTARIZATION FOR ANY DOCUMENT.
Title Company of the Rockies maintains branch operations in Eagle, Garfield, Grand, Lake, Moffat (dba Northwest Title Company), Pitkin, Routt, and Summit Counties along with Front
Range coverage. Closing services are available for all Mountain Communities, throughout the State of Colorado, and on a nationwide basis. Experience the
Experience, www.titlecorockies.com
Page 1 of 1 December 16, 2024
4:39 PM
1620 Grand Avenue, Suite B
Glenwood Springs, CO 81601
Phone: 970-945-1169 Fax: 844-269-2759
www.titlecorockies.com
Commitment Ordered By:
Kailey Flynn
Suarez Masonry LLC
2550 Hwy 82 Unit A-116
Glenwood Springs, CO 81601
email: mason@suarezmasonry.com
Inquiries should be directed to:
Becky Blanchard
Title Company of the Rockies
1620 Grand Avenue, Suite B
Glenwood Springs, CO 81601
Phone: 970-945-1169 Fax: 844-269-2759
email: BBlanchard@TitleCoRockies.com
Commitment Number:0605065-C
Buyer's Name(s):Purchaser with contractual rights under a purchaser agreement with the vested owner identified
at item 4 below
Seller's Name(s):Suarez Holdings, LLC
Property:796 County Road 259, Silt, CO 81652
Lot TR E, Section 34 Township 5 Range 92, Subdivision Rolling Meadows, County of
Garfield, State of Colorado.
TITLE CHARGES
These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums
for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges
related thereto.
If applicable, the designation of “Buyer” and “Seller” shown below may be based on traditional settlement practices in Garfield County,
Colorado, and/or certain terms of any contract, or other information provided with the Application for Title Insurance.
Owner’s Policy Premium:
Loan Policy Premium:
Additional Lender Charge(s):
Additional Other Charge(s):
Tax Certificate:
Total Endorsement Charge(s):
TBD Charge(s):
TOTAL CHARGES:
$250.00
$250.00
Title Company of the Rockies maintains branch operations in Eagle, Garfield, Grand, Lake, Moffat (dba Northwest Title Company), Pitkin, Routt, and Summit Counties along with Front Range
coverage. Closing services are available for all Mountain Communities, throughout the State of Colorado, and on a nationwide basis. Experience the Experience, www.titlecorockies.com
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
COMMITMENT FOR TITLE INSURANCE
Issued by
as agent for
Westcor Land Title Insurance Company
SCHEDULE A
Reference:Commitment Number: 0605065-C
1.Effective Date: November 27, 2024, 7:00
am
Issue Date: December 16, 2024
2. Policy (or Policies) to be issued:
ALTA® 2021 Owner's Policy Policy Amount:Amount to be Determined
Premium:Amount to be Determined
Proposed Insured:Purchaser with contractual rights under a purchaser agreement with the vested
owner identified at item 4 below
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:
Suarez Holdings, LLC
5. The Land is described as follows:
FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE
For Informational Purposes Only - APN: R021619 / 212734200157
Countersigned
Title Company of the Rockies, LLC
By:
Melanie Maloney
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 0605065-C
SCHEDULE A (continued)
LEGAL DESCRIPTION
The Land referred to herein is located in the County of Garfield, State of Colorado, and described as follows:
A PARCEL OF LAND LOCATED IN THE W1/2NW1/4 OF SECTION 34, TOWNSHIP 5 SOUTH,
RANGE 92 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE THE NORTHWEST CORNER OF SECTION 34,
TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH PRINCIPAL MERIDIAN BEARS S.
89°49'34" W. 666.34 FEET AND N. 0 °01'14" W. 1,141.34 FEET;
THENCE N. 89°49'34" E. 666.24 FEET TO A POINT ON THE EAST LINE OF THE W1/2NW1/4
OF SAID SECTION 34;
THENCE S. 0°08'53" E. 659.75 FEET ALONG SAID WEST LINE OF THE W1/2 NW1/4 OF
SECTION 34;
THENCE S. 89°49'44" W. 666.98 FEET;
THENCE N. 0°05'01" W. 659.72 FEET TO THE POINT OF BEGINNING.
ALSO KNOWN AS PARCEL E OF THE ROLLING MEADOWS EXEMPTION PLAT RECORDED
AS RECEPTION NO. 322657.
For each policy to be issued as identified in Schedule A, Item 2, the Company shall not be
liable under this commitment until it receives a specific designation of a Proposed Insured,
and has revised this commitment identifying that Proposed Insured by name. As provided in
Commitment Condition 4, the Company may amend this commitment to add, among other
things, additional exceptions or requirements after the designation of the Proposed Insured.
This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Westcor Land Title
Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy;
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.
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 0605065-C
COMMITMENT FOR TITLE INSURANCE
Issued by
Westcor Land Title Insurance Company
SCHEDULE B, PART I
Requirements
The following are the requirements to be complied with prior to the issuance of said policy or policies.
Any other instrument recorded subsequent to the effective date hereof may appear as an exception under
Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the
office of the clerk and recorded of the county in which said property is located.
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.
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.
Evidence satisfactory to the Company or its duly authorized agent that all dues and/or5.
assessments levied by the Homeowners Association have been paid through the date of closing.
NOTE: Please be advised that our search did not disclose any open Deeds of Trust of
record. If you should have knowledge of any outstanding obligation, please contact the Title
Department immediately for further review prior to closing.
Properly executed Affidavit and Indemnity as to any and all leases and or tenancies.6.
Deed from Suarez Holdings, LLC to Purchaser with contractual rights under a purchaser7.
agreement with the vested owner identified at item 4 below.
This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Westcor Land Title
Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy;
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.
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 0605065-C
NOTE: Duly executed real property transfer declaration, executed by either the Grantor or
Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No.
1288-CRA 39-14-102.
NOTE: Statement of Authority for Suarez Holdings, LLC, a Colorado limited liability company,
recorded November 21, 2024 as Reception No. 1002014, discloses the following persons as those
authorized to transact business on behalf of said entity: Genaro Suarez. If there have been any
amendments or changes to the management of said entity, written documentation reflecting the
changes and a new Statement of Authority will be required.
THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF
THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GARFIELD
COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR
DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES,
AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY,
AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO
THE COMPANY.
NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND
UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL
BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR
NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES
UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND
SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF
INSURANCE.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title
Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy;
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.
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 0605065-C
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:
Any facts, right, interests, or claims which are not shown by the Public Records but which could1.
be ascertained by an inspection of said Land or by making inquiry of persons in possession
thereof.
Easements or claims of easements, not shown by the Public Records.2.
Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the3.
Title that would be disclosed by an accurate and complete land survey of the Land.
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.
Right of the Proprietor of a vein or lode to extract and remove his ore therefrom, should the same7.
be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent
recorded February 23, 1909 in Book 71 at Page 360.
Right of way for ditches or canals constructed by the authority of the United States, as reserved in8.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title
Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy;
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.
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 0605065-C
United States Patent recorded February 23, 1909 in Book 71 at Page 360.
Easement and right of way for electric transmission line and related appurtenances, as granted by9.
Norma M. Hendricks to the United States of America, by instrument recorded October 05, 1962
in Book 344 at Page 430, said easement being more particularly described therein.
Oil and Gas Leases between Norma Hendricks and Maguire Oil Company, recorded January 07,10.
1974 in Book 453 at Page 480, and November 27, 1978 in Book 519 at Page 414, and any and all
assignments or interests therein.
An undivided one-sixteenth (1/16) royalty interest in oil, gas and other mineral rights, as reserved11.
by Norma M. Hendricks in the Deed to Bark, a limited partnership, recorded May 18, 1981 in
Book 572 at Page 34, and any and all assignments thereof or interests therein.
Easements, rights of way and all other matters as shown on the Plat of Rolling Meadows12.
Exemption, filed December 16, 1981 as Reception No. 322657.
Easement and right of way for the use, maintenance and replacement of pipelines for the13.
conveyance of irrigation and stock water and related appurtenances, as granted by Orrin E.
Helgeland and Shirley K. Helgeland to Robert J. Miller, Karen Miller, William and Dianne
Erickson and Greg D. Watkins, by instrument recorded September 15, 2000 as Reception No.
569429 and Reception No. 569430, said easement being more particularly described therein.
Terms, agreements, provisions, conditions and obligations as contained in West Divide Water14.
Conservancy District Memorandum of Water Allotment Contract recorded June 27, 2001 as
Reception No. 583373, as amended by instruments recorded January 28, 2008 as Reception No.
741902 and November 25, 2019 as Reception No. 928700.
Terms, agreements, provisions, conditions and obligations as contained in Manufactured Home15.
Affidavit of Affixation recorded December 15, 2006 as Reception No. 713174.
An undivided interest in any and all oil, gas and other mineral rights, as conveyed by Genaro16.
Suarez-Campos and Paula L. Suarez to Scott E. Summers, Sr. and Sheila L. Summers by Deed
recorded March 14, 2011 as Reception No. 799999, and any and all assignments thereof or
interests therein.
Any and all leases and or tenancies and any and all parties claiming by, through, or under such17.
leases and or tenancies.
NOTE: Upon compliance with Requirement No. 6, this Exception will not appear on the Final
Policy.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title
Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy;
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.
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 0605065-C
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title
Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy;
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.
Commitment No: 0605065-C
DISCLOSURE STATEMENTS
Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C 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.” (Gap Protection)
Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's
Policy to be issued hereunder upon compliance with the following conditions:
The Land described in Schedule A of this commitment must be a single-family residence, which1.
includes a condominium or townhouse unit.
No labor or materials may have been furnished by mechanics or materialmen for purpose of2.
construction on the Land described in Schedule A of this Commitment within the past 13
months.
The Company must receive an appropriate affidavit indemnifying the Company against unfiled3.
mechanic's and materialmen's liens.
Any deviation from conditions A though C above is subject to such additional requirements or4.
Information as the Company may deem necessary, or, at its option, the Company may refuse to
delete the exception.
Payment of the premium for said coverage.5.
Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.:
The subject real property may be located in a special taxing district;(i)
A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County(ii)
Treasurer or the County Treasurer's authorized agent; and
Information regarding special districts and the boundaries of such districts may be obtained from(iii)
the County Commissioners, the County Clerk and Recorder, or the County Assessor.
Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to
comply with the disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident
withholding).
Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given:
(a) If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed
from the surface estate then 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 6: Effective September 1, 1997, 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 inch the clerk and recorder may refuse to record or file
any document that does not conform.
Note 7: Our Privacy Policy:
We will not reveal nonpublic personal customer information to any external non-affiliated organization
unless we have been authorized by the customer, or are required by law.
Note 8: Records:
Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and
Page 8
Commitment No: 0605065-C
records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes
for a period of not less than seven (7) years, except as otherwise permitted by law.
Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that “A title entity shall not earn
interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest
is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest
earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure
must be clear and conspicuous, and may be made at any time up to and including closing.”
Be advised that the closing agent will or could charge an Administrative Fee for processing such an
additional services request and any resulting payee will also be subjected to a W-9 or other required tax
documentation for such purpose(s).
Be further advised that, for many transactions, the imposed Administrative Fee associated with such an
additional service may exceed any such interest earned.
Therefore, you may have the right to some of the interest earned over and above the Administrative Fee,
if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned).
Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that “Until a title entity
receives written instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title
entity, it shall comply with the following:
The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them1.
in a fiduciary capacity.
The title entity shall use any funds designated as “earnest money ” for the consummation of the2.
transaction as evidenced by the contract to buy and sell real estate applicable to said transaction,
except as otherwise provided in this section. If the transaction does not close, the title entity
shall:
Release the earnest money funds as directed by written instructions signed by both the buyer(a)
and seller; or
If acceptable written instructions are not received, uncontested funds shall be held by the title(b)
entity for 180 days from the scheduled date of closing, after which the title entity shall return
said funds to the payor.
In the event of any controversy regarding the funds held by the title entity (notwithstanding any3.
termination of the contract), the title entity shall not be required to take any action unless and
until such controversy is resolved. At its option and discretion, the title entity may:
Await any proceeding; or(a)
Interplead all parties and deposit such funds into a court of competent jurisdiction, and(b)
recover court costs and reasonable attorney and legal fees; or
Deliver written notice to the buyer and seller that unless the title entity receives a copy of a(c)
summons and complaint or claim (between buyer and seller), containing the case number of
the lawsuit or lawsuits, within 120 days of the title entity's written notice delivered to the
parties, title entity shall return the funds to the depositing party.”
Page 9
Commitment No: 0605065-C
Title Company of the Rockies
Disclosures
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 will refuse to record or file any document that does not conform to the requirements of this
section. Pursuant to C.R.S. 30-10-406(3)(a).
The company will not issue its policy or policies of title insurance contemplated by this commitment
until it has been provided a Certificate of Taxes due or other equivalent documentation 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. Pursuant to C.R.S. 10-11-122.
No person or entity that provides closing and settlement services for a real estate transaction shalldisburse funds as a part of such services until those funds have been received and are available forimmediate withdrawals as a matter of right. Pursuant to C.R.S. 38-35-125(2).
The Company hereby notifies the proposed buyer in the current transaction that there may be recorded
evidence that the mineral estate, or portion thereof, has been severed, leased, or otherwise conveyed from
the surface estate. If so, there is a substantial likelihood that a third party holds some or all interest in the
oil, gas, other minerals, or geothermal energy in the subject property. Such mineral estate may include
the right to enter and use the property without the surface owner's permission. Pursuant to C.R.S.
10-11-123.
If this transaction includes a sale of property and the sales price exceeds $100,000.00, the seller mustcomply with the disclosure/withholding requirements of said section. (Nonresident withholding) Pursuantto C.R.S. 39-22-604.5.
Notice is hereby given that: The subject property may be located in a special taxing district. A Certificate
of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County
Treasurer's authorized agent. 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. Pursuant to C.R.S. 10-11-122.
Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulation 8-1-2;
"Gap Protection" -When this Company conducts the closing and is responsible for recording or filing
the legal documents resulting from the transaction, the Company shall be responsible for all matters
which appear on the record prior to such time or recording or filing; and
"Mechanic's Lien Protection" - If you are the buyer of a single family residence, you may request
mechanic's lien coverage to be issued on your policy of Insurance. If the property being purchased
has not been the subject of construction, improvements or repairs in the last six months prior to the
date of this commitment, the requirements will be payment of the appropriate premium and the
completion of an Affidavit and Indemnity by the seller. If the property being purchased was
constructed, improved or repaired within six months prior to the date of this commitment the
requirements may involve disclosure of certain financial information, payment of premiums, and
indemnity, among others. The general requirements stated above are subject to revision and approval
by the Company. Pursuant to C.R.S. 10-11-122.
Notice is hereby given that an ALTA Closing Protection Letter is available, upon request, to certain
parties to the transaction as noted in the title commitment. Pursuant to Colorado Division of Insurance
Regulation 8-1.
Nothing herein contained will be deemed to obligate the Company to provide any of the coverages
referred to herein unless the above conditions are fully satisfied.
Page 10
Joint Notice of Privacy Policy
of
Westcor Land Title Insurance Company
and
Title Company of the Rockies, LLC
Westcor Land Title Insurance Company (“WLTIC”) and Title Company of the Rockies, LLC value their
customers and are committed to protecting the privacy of personal information. In keeping with that philosophy,
we each have developed a Privacy Policy, set out below, that will endure the continued protection of your
nonpublic personal information and inform you about the measures WLTIC and Title Company of the Rockies,
LLC take to safeguard that information. This notice is issued jointly as a means of paperwork reduction and is
not intended to create a joint privacy policy. Each company ’s privacy policy is separately instituted, executed,
and maintained.
Who is Covered
We provide our Privacy Policy to each customer when they purchase a WLTIC title insurance policy. Generally,
this means that the Privacy Policy is provided to the customer at the closing of the real estate transaction.
Information Collected
In the normal course of business and to provide the necessary services to our customers, we may obtain
nonpublic personal information directly from the customer, from customer-related transactions, or from third
parties such as our title insurance agent, lenders, appraisers, surveyors and other similar entities.
Access to Information
Access to all nonpublic personal information is limited to those employees who have a need to know in order to
perform their jobs. These employees include, but are not limited to, those in departments such as closing, legal,
underwriting, claims and administration and accounting.
Information Sharing
Generally, neither WLTIC nor Title Company of the Rockies, LLC shares nonpublic personal information that
it collects with anyone other than those individuals necessary needed to complete the real estate settlement
services and issue its title insurance policy as requested by the consumer. WLTIC or Title Company of the
Rockies, LLC may share nonpublic personal information as permitted by law with entities with whom WLTIC or
Title Company of the Rockies, LLC has a joint marketing agreement. Entities with whom WLTIC or Title
Company of the Rockies, LLC have a joint marketing agreement have agreed to protect the privacy of our
customer’s nonpublic personal information by utilizing similar precautions and security measures as WLTIC and
Title Company of the Rockies, LLC use to protect this information and to use the information for lawful
purposes. WLTIC or Title Company of the Rockies, LLC , however, may share information as required by law
in response to a subpoena, to a government regulatory agency or to prevent fraud.
Information Security
WLTIC and Title Company of the Rockies, LLC , at all times, strive to maintain the confidentiality and
integrity of the personal information in its possession and has instituted measures to guard against its
unauthorized access. We maintain physical, electronic and procedural safeguards in compliance with federal
standards to protect that information.
The WLTIC Privacy Policy can be found on WLTIC ’s website at www.wltic.com
ALTA COMMITMENT FOR TITLE INSURANCE
issued by
WESTCOR LAND TITLE INSURANCE COMPANY
(ALTA Adopted 07-01-2021)
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, Westcor Land Title Insurance Company, a South Carolina 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 (6) months after the Commitment Date, this
Commitment terminates and the Company’s liability and obligation end.
Issued By:
Title Company of the Rockies, LLC
1620 Grand Avenue, Suite B
Glenwood Springs, CO 81601
Phone: 970-945-1169
WESTCOR LAND TITLE INSURANCE
COMPANY
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; 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.
COMMITMENT CONDITIONS
DEFINITIONS1.
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 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; and
f. Schedule B, Part II—Exceptions; and
g. a 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
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance
Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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.
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.
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.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance
Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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.
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 .
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance
Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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.
Anti-Fraud Statement
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.
This anti-fraud statement is affixed to and made a part of this policy.
5020 County Road 154
Glenwood Springs, CO 81601
phone: (970) 945-7988
fax: (970) 945-8454
email: kaglenwood@kumarusa.com
www.kumarusa.com Office Locations: Denver (HQ), Parker, Colorado Springs, Fort Collins, Glenwood Springs, and Summit County, Colorado
SUBSOIL STUDY
FOR FOUNDATION DESIGN
PROPOSED STEEL SHOP BUILDING
796 COUNTY ROAD 259
GARFIELD COUNTY, COLORADO
PROJECT NO. 23-7-222
MAY 8, 2023
PREPARED FOR:
SUAREZ HOLDINGS
ATTN: GABE SUAREZ
2550 HWY 82, UNIT A-116
GLENWOOD SPRINGS, COLORADO 81601
gabe@suarezmasonry.com
Kumar & Associates, Inc. ® Project No. 23-7-222
TABLE OF CONTENTS
PURPOSE AND SCOPE OF STUDY ....................................................................................... - 1 -
PROPOSED CONSTRUCTION ................................................................................................ - 1 -
SITE CONDITIONS ................................................................................................................... - 1 -
FIELD EXPLORATION ............................................................................................................ - 1 -
SUBSURFACE CONDITIONS ................................................................................................. - 2 -
DESIGN RECOMMENDATIONS ............................................................................................ - 2 -
FOUNDATIONS .................................................................................................................... - 2 -
FLOOR SLABS ...................................................................................................................... - 3 -
UNDERDRAIN SYSTEM ..................................................................................................... - 4 -
SURFACE DRAINAGE ......................................................................................................... - 4 -
LIMITATIONS ........................................................................................................................... - 5 -
FIGURE 1 - LOCATION OF EXPLORATORY BORINGS
FIGURE 2 - LOGS OF EXPLORATORY BORINGS
FIGURE 3 - LEGEND AND NOTES
FIGURES 4 and 5 - SWELL-CONSOLIDATION TEST RESULTS
TABLE 1- SUMMARY OF LABORATORY TEST RESULTS
Kumar & Associates, Inc. ® Project No. 23-7-222
PURPOSE AND SCOPE OF STUDY
This report presents the results of a subsoil study for a proposed steel shop building to be located
at 796 County Road 259, Garfield County, Colorado. The project site is shown on Figure 1. The
purpose of the study was to develop recommendations for the foundation design. The study was
conducted in accordance with our agreement for geotechnical engineering services to Gabe
Suarez dated March 28, 2023.
A field exploration program consisting of exploratory borings was conducted to obtain
information on the subsurface conditions. Samples of the subsoils obtained during the field
exploration were tested in the laboratory to determine their classification, compressibility or
swell and other engineering characteristics. The results of the field exploration and laboratory
testing were analyzed to develop recommendations for foundation types, depths and allowable
pressures for the proposed building foundation. This report summarizes the data obtained during
this study and presents our conclusions, design recommendations and other geotechnical
engineering considerations based on the proposed construction and the subsurface conditions
encountered.
PROPOSED CONSTRUCTION
The building will be a single-story steel frame and metal structure with a slab-on-grade floor
located on the site as shown on Figure 1. Grading for the structure is assumed to be relatively
minor with cut depths between about 3 to 4 feet. We assume relatively light to moderate
foundation loadings, typical of the proposed type of construction.
If building loadings, location or grading plans change significantly from those described above,
we should be notified to re-evaluate the recommendations contained in this report.
SITE CONDITIONS
The site is shown on Figure 1 and located just east of County Road 259. The site was occupied
by an existing residence and barn. The proposed metal building is to be located to the east of the
existing barn. The ground surface was gently sloping down to the southwest. Vegetation
consists of native grass and weeds.
FIELD EXPLORATION
The field exploration for the project was conducted on April 18, 2023. Two exploratory borings
were drilled at the locations shown on Figure 1 to evaluate the subsurface conditions. The
borings were advanced with 4-inch diameter continuous flight augers powered by a truck-
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Kumar & Associates, Inc. ® Project No. 23-7-222
mounted CME-45B drill rig. The borings were logged by a representative of Kumar &
Associates.
Samples of the subsoils were taken with a 2-inch I.D. spoon sampler. The sampler was driven
into the subsoils at various depths with blows from a 140-pound hammer falling 30 inches. This
test is similar to the standard penetration test described by ASTM Method D-1586. The
penetration resistance values are an indication of the relative density or consistency of the
subsoils and hardness of the bedrock. Depths at which the samples were taken and the
penetration resistance values are shown on the Logs of Exploratory Borings, Figure 2. The
samples were returned to our laboratory for review by the project engineer and testing.
SUBSURFACE CONDITIONS
Graphic logs of the subsurface conditions encountered at the site are shown on Figure 2. The
subsoils encountered, below about ½ foot of topsoil, consist of stiff, sandy clay and silt underlain
at a depth of about 9 feet by relatively hard weathered claystone bedrock to the maximum
explored depth of 21 feet deep.
Laboratory testing performed on samples obtained from the borings included natural moisture
content and density, and percent finer than sand size gradation analyses. Results of swell-
consolidation testing performed on relatively undisturbed drive samples of the clay and silt soils
and weathered claystone bedrock, presented on Figures 4 and 5, indicate low compressibility
under conditions of loading and wetting. The sample of weathered claystone tested from Boring
1 at a depth of 10 feet exhibited a low expansion potential when wetted under a constant 1,000
psf surcharge. The laboratory testing is summarized in Table 1.
No free water was encountered in the borings at the time of drilling and the subsoils were
slightly moist to moist.
DESIGN RECOMMENDATIONS
FOUNDATIONS
Considering the subsurface conditions encountered in the exploratory borings and the nature of
the proposed construction, we recommend the building be founded with spread footings or
thickened slab sections bearing on the natural clay and silt soils.
The design and construction criteria presented below should be observed for a spread footing or
thickened slab foundation system.
1) Spread footings placed on the undisturbed natural soils should be designed for an
allowable bearing pressure of 1,500 psf. Based on experience, we expect
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Kumar & Associates, Inc. ® Project No. 23-7-222
movement of footings designed and constructed as discussed in this section will
be about 1 inch or less.
2) Monolithic slab foundation sections placed on the natural soils should be designed
for an allowable bearing pressure of 1,500 psf. Based on experience, we expect
movement of footings designed and constructed as discussed in this section will
be about 1 to 1½ inches depending on the subgrade conditions inch or less.
3) The footings should have a minimum width of 18 inches for continuous walls and
2 feet for isolated pads.
4) Exterior footings and footings beneath unheated areas should be provided with
adequate soil cover above their bearing elevation for frost protection. Placement
of foundations at least 36 inches below exterior grade is typically used in this
area. Reduced frost cover for a thickened slab foundation should be feasible
provided ground insulation is provided.
5) Continuous foundation walls should be well reinforced top and bottom to span
local anomalies such as by assuming an unsupported length of at least 12 feet.
Thickened slab sections should be well reinforced with both longitudinal and
transverse steel. Foundation walls acting as retaining structures, if any, should
also be designed to resist a lateral earth pressure corresponding to an equivalent
fluid unit weight of at least 50 pcf.
6) All topsoil and any loose disturbed soils should be removed and the footing
bearing level extended down to the relatively stiff natural soils. The exposed soils
in foundation areas should then be moistened and compacted.
7) A representative of the geotechnical engineer should observe all foundation
excavations and test structural fill compaction on a regular basis prior to concrete
placement to evaluate bearing conditions.
FLOOR SLABS
The natural on-site soils, exclusive of topsoil, are suitable to support lightly loaded slab-on-grade
construction. To reduce the effects of some differential movement, floor slabs should be
separated from all bearing walls and columns with expansion joints which allow unrestrained
vertical movement. Floor slab control joints should be used to reduce damage due to shrinkage
cracking. The requirements for joint spacing and slab reinforcement should be established by the
designer based on experience and the intended slab use. A minimum 4-inch layer of aggregate
base course sand and gravel should be placed immediately beneath slabs for support. This
material should consist of minus 2-inch aggregate with at least 50% retained on the No. 4 sieve
and less than 12% passing the No. 200 sieve.
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Kumar & Associates, Inc. ® Project No. 23-7-222
All fill materials for support of floor slabs should be compacted to at least 95% of maximum
standard Proctor density at a moisture content near optimum. Required fill can consist of the
on-site granular soils devoid of topsoil and oversized (plus 6-inch) rocks, or of imported CDOT
Class 6 base course.
UNDERDRAIN SYSTEM
Although free water was not encountered during our exploration, it has been our experience in
the area and where clay soils are present that local perched groundwater can develop during
times of heavy precipitation or seasonal runoff. Frozen ground during spring runoff can also
create a perched condition. For the proposed slab-at-grade construction, an underdrain system is
not required. We recommend below-grade construction, such as retaining walls and basement
areas, be protected from wetting and hydrostatic pressure buildup by an underdrain system.
If installed, the drains should consist of rigid PVC drainpipe placed in the bottom of the wall
backfill surrounded above the invert level with free-draining granular material. The drain should
be placed at each level of excavation and at least 1 foot below lowest adjacent finish grade and
sloped at a minimum ½% to a suitable gravity outlet. Free-draining granular material used in the
underdrain system should contain less than 2% passing the No. 200 sieve, less than 50% passing
the No. 4 sieve and have a maximum size of 2 inches. The drain gravel backfill should be at
least 1½ feet deep and covered with filter fabric such as Mirafi 140N or 160N.
SURFACE DRAINAGE
The following drainage precautions should be observed during construction and maintained at all
times after the building has been completed:
1) Inundation of the foundation excavations and underslab areas should be avoided
during construction.
2) Exterior backfill should be adjusted to near optimum moisture and compacted to
at least 95% of the maximum standard Proctor density in pavement and slab areas
and to at least 90% of the maximum standard Proctor density in landscape areas.
3) The ground surface surrounding the exterior of the building should be sloped to
drain away from the foundation in all directions. We recommend a minimum
slope of 6 inches in the first 10 feet in unpaved areas and a minimum slope of
2½ inches in the first 10 feet in paved areas.
4) Roof downspouts and drains should discharge well beyond the limits of all
backfill.
5) Landscaping which requires regular heavy irrigation should be located at least 5
feet from foundation walls.
Kumar & Associates
Kumar & Associates
Kumar & Associates
Kumar & Associates
Kumar & Associates
TABLE 1
SUMMARY OF LABORATORY TEST RESULTS
Project No. 23-7-222
SAMPLE LOCATION NATURAL
MOISTURE CONTENT
NATURAL
DRY DENSITY
GRADATION
PERCENT PASSING NO. 200 SIEVE
ATTERBERG LIMITS UNCONFINED
COMPRESSIVE STRENGTH SOIL TYPE BORING DEPTH GRAVEL SAND LIQUID LIMIT PLASTIC INDEX (%) (%)
(ft) (%) (pcf) (%) (%) (psf)
1 2½ 19.1 105 79 Sandy Clay and Silt
10 23.3 102 Weathered Claystone
15 17.3 109 Weathered Claystone
2 5 13.9 114 55 Sandy Clay and Silt
10 9.0 123 Weathered Claystone
