HomeMy WebLinkAbout1.00 General Application MaterialsC:\Users\savag\SLC Dropbox\Buffalo Basin Ltd\Land parcels\Trahern River Ranch general\5 Projects\Casey property line CR 320\Amended
Plat\Work Papers\Cover ltr w TOC.docx
Revised: 2/27/2025 10:42:00 AM; printed: 03/15/25; 10:46 AM; Page 1 of 2
March 10, 2025
Garfield County Community Development Department
108 8th St., Suite 401
Glenwood Springs, CO 81601
Re: Diana Casey Bernklau Exemption Plat Lots 1 and 3 Third Amended Plat
Payment of Fees: Per Sec V of the Pre-Application Conference Summary our check in the
amount of $100 is included. No referral Agency Fees are required.
TABLE OF CONTENTS
1. APPLICATION:
a. The Divisions of Land Application Form
b. Narrative describing the request and related information
c. Diana Lynn Casey aka Diana Bernklau Casey Letter of Authorization
d. Payment Agreement Form
e. A copy of the Preapplication Summary
2. MAPS:
a. Vicinity Map
b. BBL to Casey Map
c. Casey to BBL Map
3. PROOF OF OWNERSHIP (DEED)
a. BBL to Casey SWD
b. BBL to Casey Boundary Line Adjustment Affidavit
c. Bernklau Exemption (2nd Amended) Plat #453406
d. Casey to BBL SWD
4. TITLE COMMITMENTS
a. CWT 2024-06-14 (covers parcel deeded to Casey)
b. CWT 2024-06-15: Casey Lot 1
5. PUBLIC NOTICE LISTS
a. Names and mailing addresses of property owners within 200 ft. of the subject
property from Assessor’s Office Records
SAVAGE LAND
COMPANY, INC.
John W. Savage, consultant
201 Railroad Ave.
P.O. Box 1926
Rifle, CO 81650-1926
Off/mobile (970) 379-6745; fax: 625-0803;
email: SavageJW@slcjbs.com
C:\Users\savag\SLC Dropbox\Buffalo Basin Ltd\Land parcels\Trahern River Ranch general\5 Projects\Casey property line CR 320\Amended
Plat\Work Papers\Cover ltr w TOC.docx
Revised: 2/27/2025 10:42:00 AM; printed: 03/15/25; 10:46 AM; Page 2 of 2
b. Mineral rights ownership for the subject property including mailing address and/or
statement on mineral rights research
6. PROPOSED AMENDED FINAL PLAT
7. IMPROVEMENTS ON THE PROPERTY.
a. The only improvements are on Lot 3. The Amended Plat does not change the
boundaries of the existing lot other than adding on the parcel conveyed to Casey.
Detail of Lot 3 showing location of improvements. The parcel being added has no
improvements and the Amended Plat does not change the original lot configuration.
An Improvements Agreement or waiver should be included with the request.
b. Waiver of this requirement is requested.
8. COVENANTS: None.
9. STATEMENT: That the amendment will not result in any changes to drainage, access, utility
services, and any other applicable Subdivision and Article 7 topics (See 1.b. Narrative).
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
DIVISIONS OF LAND
APPLICATION FORM
TYPE OF SUBDIVISION/EXEMPTION
Minor Subdivision Preliminary Plan Amendment
Major Subdivision Final Plat Amendment
Sketch Preliminary Final Common Interest Community Subdivision
Conservation Subdivision Public/County Road Split Exemption
Yield Sketch Preliminary Final Rural Land Development Exemption
Time Extension Basic Correction Exemption
INVOLVED PARTIES
Owner/Applicant
Name: ________________________________________________ Phone: (______)_________________
Mailing Address: ______________________________________________________________________
City: _______________________________________ State: _______ Zip Code: ____________________
E-mail:_______________________________________________________________________________
Representative (Authorization Required)
Name: ________________________________________________ Phone: (______)_________________
Mailing Address: ______________________________________________________________________
City: _______________________________________ State: _______ Zip Code: ____________________
E-
mail:_____SAME______________________________________________________________________
____
PROJECT NAME AND LOCATION
Project Name:
_____________________________________________________________________________________
Assessor’s Parcel Number: ___ ___ ___ ___ - ___ ___ ___ - ___ ___ - ___ ___ ___
Physical/Street Address: ________________________________________________________________
Legal Description:
______________________________________________________________________
Zone District: __________________________ Property Size (acres): __________________
see attachment
see attached
____________________________________________________________________________________
_R Rural see attachment
see attachment
Casey Amended Plat
Project Description
Existing Use: __Lot 1: unimproved; Dwelling single Unit per lot; Lot 3: Dwelling, Single Unit
existing________________________________________________________________________
Proposed Development Area
Land Use Type # of Lots # of Units Acreage Parking
Single Family
Duplex
Multi-Family
Commercial
Industrial
Open Space
Other
Total
REQUEST FOR WAIVERS
Submission Requirements
Waiver of Standards
The Applicant is requesting a Waiver of Standards per Section 4-118. List:
Section: ______________________________ Section: _________________________________
Section: ______________________________ Section: _________________________________
I have read the statements above and have provided the required attached information which is
correct and accurate to the best of my knowledge.
______________________________________________________ __________________________
Signature of Property Owner Date
OFFICIAL USE ONLY
File Number: __ __ __ __ - __ __ __ __ Fee Paid: $_____________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Proposed Use (From Use Table 3-403): no change
Description of Project: __________________________Amend Exemption Plat lots per Boundary Line Adjustment________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
2 1 20 +/-on lot
x The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:E. Grading and Drain plan F Landscape PlanSection: ______________________________ Section: _________________________________
Section:________Impact Analysis________________________
x Water supply
Waste Water management
Access and Roadways
topo
C:\Users\savag\SLC Dropbox\Buffalo Basin Ltd\Land parcels\Trahern River Ranch general\5 Projects\Casey property line CR 320\Amended
Plat\Work Papers\Application attachment.docx
Revised: 10/30/2024 1:24:00 PM; printed: 03/15/25; 10:54 AM; Page 1 of 3
PROJECT: Casey Amended Plat
APPLICANT: Diana Lynn Casey aka Diana Bernklau Casey
DIVISIONS OF LAND APPLICATION FORM: ATTACHMENT/ADDITIONAL PAGES
PARTIES: OWNER/APPLICANT:
Diana Lynn Casey (Lot 1) aka Diana Bernklau Casey (Lot 3), 2956 County Road 320, Rifle,
CO 81650; 970-918-7408, Hilltop2F2Ranch@gmail.com.
PROPERTY: Lot 1: R247125 PIN 2175 333 00 155; Lot 3: R247127 2175 333 00 157
ADDRESS: Lot 1: no address assigned; Lot 3: 2956 County Road 320, Rifle, CO 81650.
LEGAL:
LOT 1 (6.48 acres)
A parcel of land situated in the NE1/4 SW1/4 Section 33, Township 6 South,
Range 94 West of the 6th Principal Meridian, being more particularly
described as follows: Beginning at the Center Quarter corner of said Section
33, being an aluminum cap properly marked on a 2 1/2" pipe in a mound of
stones also being the Northeast corner of Lot 1 as described herein: thence N
87°47'50" W 469.45 feet along the North line of said NE1/4 SW1/4; thence S
16°04'00" W 615.08 feet; thence N 78°46'42" E 650.87 feet to the East line of
said NE1/4 SW1/4; thence N 00°06'57" E 446.34 feet along said East line to
the point of Beginning.
Also known as: Lot 1 Bernklau Exemption According to the plat thereof
recorded October 6, 1993 as Reception No. 453406.
Parcel conveyed to Buffalo Basin 0.259 acres; resulting acres: 6.221
LOT 3 (5.05 acres):
A parcel of land situated in the NE1/4SW1/4 Section 33, Township 6
South, Range 94 West of the 6th Principal Meridian, being more
particularly described as follows: Beginning at a point on the North line of
said NE1/4SW1/4, said point also being the NE corner of Lot 3 as
described herein whence the Center quarter corner of said Section 33, an
aluminum cap properly marked on a 2 1/2" pipe bears S. 87°47'50" E.
469.45 feet; thence N. 87°47'50" W. 333.41 feet along the North line of
said NE1/4SW1/4; thence S. 04°10'43" E 445.10 feet; thence S. 39°30'36"
W. 360.86 feet; thence S. 66°48'35" E 461.84 feet; thence N. 12°06'32"
W. 307.17 feet; thence N. 16°04'00" E. 615.08 feet to a point of
Beginning,
Also known as: Lot 3 Bernklau Exemption According to the plat thereof
recorded October 6, 1993 as Reception No. 453406
Parcel conveyed to Casey: 7.586ac. resulting acres 12.636
SAVAGE LAND
COMPANY, INC.
John W. Savage, consultant
201 Railroad Ave.
P.O. Box 1926
Rifle, CO 81650-1926
970-625-4401; fax: 625-0803; mobile: 970-379-6745
email: SavageJW@slcjbs.com
C:\Users\savag\SLC Dropbox\Buffalo Basin Ltd\Land parcels\Trahern River Ranch general\5 Projects\Casey property line CR 320\Amended
Plat\Work Papers\Application attachment.docx
Revised: 10/30/2024 1:24:00 PM; printed: 03/15/25; 10:54 AM; Page 2 of 3
NARRATIVE:
To resolve boundary issues, Buffalo Basin has conveyed to Casey a 7.586 acres parcel in the
E1/2NW1/4 of Sec 33, T. 6 S. R. 94W and Casey has conveyed a 0.259 acre portion of Bernklau
Exemption Lot 1 to Buffalo Basin Ltd. Changes to Buffalo Basin’s un-platted parcel (R024431
2175 283 00 040 529.27 acres) description has been accomplished by a Boundary Line Adjustment
procedure with the Garfield County Assessor’s Office. No action by the Garfield Community
Development Office is required for the Buffalo Basin parcel. The Casey parcels involved are platted
lots (Bernklau Exemption 2nd Amended Plat recorded as Rec. No. 453406) therefore an Amended
Plat action is required following the conveyances by the parties.
1. The Access Easement No. 1 (Plat Rec. No. 453406) is undocumented and lies on lands of
Buffalo Basin Ltd. Those lands all lie southwesterly of County Road 320. BBL has agreed to
convey the 7.586 acre parcel lying southwesterly of County Road 320 and containing Access
Easement No. 1 to Casey.
2. Casey has agreed, as part of the compensation for the Access Easement parcel to be conveyed
to Casey, to convey to BBL the 0.259 acre portion of Bernklau Exemption Lot 1 that lies north
of the centerline of County Road 320 and is adjacent to the rest of BBL’s parcel located north
of County Road 320.
3. These amendments do not make any changes to drainage, access, or utility easements.
4. Only Casey’s Lot 3 has any improvements (existing single-family home served by an existing
domestic water well and ISDS system). Lot 1 has no improvements.
5. This proposed Amendment of the Bernklau Exemption Plat makes no changes to these pre-
existing conditions and does not create any additional lots.
6. Applicant is not aware of any other Subdivision Standards or Article 7 topics that are affected
or applicable to this application.
REQUEST FOR WAIVERS (APPLICATION MATERIALS SEC. 4-202)
Applicant requests waiver of the following listed Submittal requirements due to the limited nature
and impact of this action:
4-203 D SITE PLAN: Amended Plat does not change current uses of either of the lots.
4-203 E GRADING AND DRAINAGE PLANS: Amended Plat does not change current uses of
either of lots.
4-203 F LANDSCAPE PLAN: Amended Plat does not change current uses of either of lots.
4-203 G IMPACT ANALYSIS: No change in existing uses. Impact Analysis not warranted.
4-203 H REZONE JUSTIFICATION REPORT: No rezoning involved.
4-203 I STATEMENT OF APPEAL: N/A
4-203 J DEVELOPMENT AGREEMENT: No change in existing conditions and Vested rights
not requested.
4-203 K IMPROVEMENTS AGREEMENT: No public improvements involved.
4-203 L TRAFFIC STUDY: Amended Plat does not create any new lots for which a Traffic
Study would be needed.
C:\Users\savag\SLC Dropbox\Buffalo Basin Ltd\Land parcels\Trahern River Ranch general\5 Projects\Casey property line CR 320\Amended
Plat\Work Papers\Application attachment.docx
Revised: 10/30/2024 1:24:00 PM; printed: 03/15/25; 10:54 AM; Page 3 of 3
4-203 M WATER SUPPLY AND DISTRIBUTION PLAN: Amended Plat does not create any
new lots or change in exiting water supply or distribution.
4-203 N WASTE WATER MANAGEMENT PLAN: No change to the existing ISDS system for
Bernklau Lot 3. Lot 1 has no improvements.
4/203 O FLOODPLAIN ANALYSIS: FEMA Panel 080205 1350B. Notation is panel not printed,
all ZONE D. Lots are several hundred feet above the Colorado River and no active
streams are in the area of the Lots.
HOMEOWNERS ASSOCIATION REVIEW: Lots are not part of a Common Interest
Community and there are no applicable covenants or HOA.
SAVAGE LAND
COMPANY, INC.
John W. Savage, oonsultant
Dec. 5, 2024
Garfield County Community Dev. Dept.
I 08 8th St., Suite 40 I
Glenwood Springs , CO 8160 l
201 Railroad Ave .
P.O. Bo x 1926
Rifie , CO 81650-1926
970-625 -4401 ; fa x: 625-0803; mobile : 970-379 -6 745
email : SavageJW@slcjbs .com
RE : Application of Diana Lynn Casey aka Diana Bernklau Casey for Amended Plat for Bernklau
Exemption Lots l & 3
The undersigned , owner of the Lots identified above, Consent to filing of this Land Use Application
and authorize Jolm W. Savage to prosecute this application on my behalf.
i2.fJ02 . ~!~ Diana Lynn ~
Date: Mes 62M/
kit
C:\Users\savag\SLC Dropbox\Buffalo Basin Ltd\Land parcels\Trahern River Ranch general\5 Projects\Casey property line CR 320\Amended
Plat\Work Papers\Owner Con sent ltr.docx
Revised: 11/27/2024 1 :56 :00 PM; printed : 11/27/24 ; 1 :56 PM; Page 1 of 1
Payment Agreement Form
GARFIELD COUNTY (hereinafter COUNTY) and John W. Savage, on behalf of Diana Lynn Casey aka
Diana Bernklau Casey, applicant/ Property Owners (hereinafter OWNER) agree as follows:
1.OWNER has submitted to COUNTY an application for Amended Plat of Bernklau
Exemption Plat Lot 1 & 3_(hereinafter, THE PROJECT).
2.OWNER understands and agrees that Garfield County Resolution No. 98-09, as amended,
establishes a fee schedule for each type of subdivision or land use review applications, and the
guidelines for the administration of the fee structure.
3.OWNER and COUNTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing
the application. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and
to thereafter permit additional costs to be billed to OWNER. OWNER agrees to make additional
payments upon notification by the COUNTY when they are necessary as costs are incurred.
4.The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioners for the
consideration of an application or additional COUNTY staff time or expense not covered by the Base
Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to
COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER
acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land
use permit, zoning amendment, or subdivision plan.
PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE)
I hereby agree to pay all fees related to this application.
John W Savage
Print Name
Mailing Address:
E-Mail Address:
PO Box 1926, Rifle, CO 81650
savagejw@slcjbs.com
970-379-6745
1d
1
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
PRE-APPLICATION
CONFERENCE SUMMARY
TAX PARCEL NUMBER: 217533300155 and 217533300157 DATE: 10/28/2024
PROJECT: Buffalo Basin Amended Final Plat
OWNERS: Buffalo Basin Ltd., Diana Casey Lot 1 and Diana Bernklau Casey Lot 3
PRACTICAL LOCATION: TBD County Road 320 Rifle.
TYPE OF APPLICATION: Amended Final Plat, Administrative Review
ZONING: Rural
COMPREHENSIVE PLAN: Residential Medium High.
I. GENERAL PROJECT DESCRIPTION The applicants are proposing to trade portions of parcel 217528300040 to parcel 217533300157 as well as a portion of parcel 217533300155 to parcel 217528300040. Buffalo Basin Ltd. And Casey have agreed to trade portions of the above properties to settle boundary issues between the properties. These changes are proposed through boundary line adjustments and will be finalized through the amended final plat process. To streamline the process the boundary line amendments will need to be finalized before the amended final plat application. Each of the property owners will need to sign the application or give authorization to be represented.
2
Amended Final Plats are typically straightforward applications, focusing on surveying and legal issues.
3
A list of submittal requirements and outline of the review process for an Amended Final Plat are provided on the following pages. A new plat with surveyed information is critical to the review. Since the property is owned in trusts, Statements of Authority, that are recorded, will be required. Staff will provide additional documents and templates with this summary for your convenience. If you decide to have someone do the application on your behalf, please provide a letter of authorization signed by all owners showing that. The application should include materials to fulfill any Waiver of Submittal Requirements (Section 4-202) and Waiver of Standards (Section 4-118) requests. A full copy of the Land Use and Development Code (LUDC) may be found here: https://www.garfield-county.com/community-development/land-use-code/
II. COMPREHENSIVE PLAN The area is considered Residential Medium High. Compliance with the Comprehensive Plan will need to be addressed. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The following Sections of the Garfield Land Use and Development Code as amended apply to the Application:
Section 5-305 – Amended Final Plat Review and Review Criteria
Table 5-103 Common Review Procedures and Required Notice
Table 5-401 Submittal Requirements
Section 5-402 Description of Submittal Requirements including requirements for a Final
Plat
Section 4-103 Administrative Review and Section 4-101 Common Review Procedures
Article 7, Divisions 1, 2, 3, and 4 as applicable
III. SUBMITTAL REQUIREMENTS Three physical copies of the application and one digital copy of the application are required at the time of submittal.
4
As a convenience outlined below is a list of information typically required for this type of application. Table 5-401 Application Submittal Requirements outlines the specific application submittal criteria. The following list can function as a checklist for your submittal.
General Application Materials including
o The Application Form (signed)
o Payment of Fees and signed Payment Agreement Form (see attached)
o A narrative describing the request and related information
o Proof of ownership (Deed)
o Title Commitment
o A recorded Statement of Authority is required for any property owned by an LLC or other entity
o A Letter of Authorization if an owner intends to have a representative complete the Application and processing
o Names and mailing addresses of property owners within 200 ft. of the subject property from Assessor’s Office Records
o Mineral rights ownership for the subject property including mailing address and/or statement on mineral rights research (see attached)
o A copy of the Preapplication Summary
o Vicinity Map
The Proposed Amended Final Plat according to 5-402.F. Final Plat
All required certificates (signature blocks) shall be included on the plat
If there are improvements on the property, improvement location information/survey information shall be provided to confirm that no non-conforming conditions will result from the amended plat
An Improvements Agreement or waiver should be included with the request
A copy of covenants on the property or reference to recording information for the covenants
The Application should include a statement that the amendment will not result in any changes to drainage, access, utility services, and any other applicable Subdivision and Article 7 topics Community Development Staff is available to meet with the Applicant to provide additional information and clarification on any of the submittal requirements and waiver requests.
5
IV. REVIEW PROCESS
Call-Up for review by the Board in accordance with the procedures and review process contained in Section 4-112. Staff will review the application for completeness. The application will be forwarded to referral agencies for additional technical comments. Staff will create a report based on the application and referral comments for the Director. Public Hearing(s): X No Public Hearing, Directors Decision (with notice per code) Planning Commission
6
Board of County Commissioners Board of Adjustment Referral Agencies: May include but is not limited to: Garfield County Surveyor, Garfield County Attorney, Garfield County Building Department, Garfield Road and Bridge, Garfield County Consulting Engineer, Homeowners Association, Fire District.
V. APPLICATION REVIEW FEES
Planning Review Fees: $100
Referral Agency Fees: $na
Total Deposit: $100(additional hours are billed at hourly rate of $40.50)
VI. GENERAL APPLICATION PROCESSING The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six-month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal.
Pre-application Summary Prepared by:
10/28/2024 John Leybourne, Planner III Date
7
8
9
Gar eld County, CO
Developed by
Account Number R024431
Parcel Number 217528300040
Acres 529
Land SqFt 0
Tax Area 024
Mill Levy 60.7120
Physical Address 1989 320 COUNTY RD
RIFLE 81650
Owner Address BUFFALO BASIN LTD
PO BOX 1926
RIFLE CO 81650
Total Actual Value $562,080 Last 2 Sales
Date Price
n/a $
n/a $
Date created: 10/29/2024
Last Data Uploaded: 10/29/2024 3:07:09 AM
3,037 ft
Overview
Legend
Parcels
Roads
Highways
Limited Access
Highway
Major Road
Local Road
Minor Road
Other Road
Ramp
Ferry
Pedestrian Way
Lakes & Rivers
County Boundary
Line
Casey Amended Plat: 4a Vicinity Map
T 6 S R 94 W Sec 33
CR 320
Gar eld County, CO
Developed by
Date created: 4/29/2024
Last Data Uploaded: 4/29/2024 2:10:09 AM
748 ft
Overview
Legend
Parcels
Roads
Parcel/Account
Numbers
Owner Name
Lakes & Rivers
County Boundary
Line
Casey Amended Plat Maps: 4a Plat details
Docusign Envelope ID: C728F4E4-6551-41AF-85E5-.BC50E710BC78
BUFFALO BASIN LTD. TO CASEY
BOUNDARY LINE ADJUSTMENT p
A Portion of Trahern Ranch, Situate in the Ell 4 of the NWl/ 4 of Section 33
Amended Bemklau Exemption Plat, Situate in the NEl/ 4 of the SWl/ 4 of Section 33,
Township 6 South, Range 94 West of the 6th P.M.
0 200 400 600
SCALE; 1"~200'
LEGEND
Found #5 Rebar
Found #5 Rebar and
1-1/ 4" Yellow Plastic Cap
Stamping megible
Found #5 Rebar and
1-1/2" Aluminum Cap
Stamped ~Ls 9009"
Found # 5 Rebar and
1-1/4" Pl«stiv Cap
stamped "KKBNA"
Found #5 Reb1lr and
1-1/ 4" Plastic Cap
Stamped "PLS 36572''
Set 18'' #5 Rebar and
1-1/ 4" I'fastic C.ap
b'tamped "PLS 36572"
Set .l8"#5Rebarand
1-1/2" Aluminum Cap
Starnp~d
''WC 20 .PLS a.6S72"
•
0
♦
0
SECTION DETAIL
SCALE: 1 "=400'
Northwest Comer Section 33
Found 3-1/ 4" BL\1 Aluminum Cap \
on 2·1/2" Pipe 0,5' Above Surface, Stamped
"29 28 32 3.11982''
\
\\
Northwest 1/16 Ct1mer Section 33
Set 30" # 6 Rebar and
3-J/4~Aluminum Cap
Stamped "BOOKCLIFF SURVEY
T6S R94W NWJ/16 S33
2024 PLS 36572"
7 ------__ J _i ______ s 88"09'10" E S242.08' ,!_ 28 27 iJ ------------1 ··--~~34
I // Com<'!:rofSections 27, 28, 33 & 34
Found 3-1/4" BLM"Aluminum Cap on 2"
I 111 1 Aluminum Pipe 0.5' Above Suifa<---e,
Stamped "1'6S R94W S33 S34 828 S27
I / 19s1·
I '
;;;! 11/1 ... ,
(,;, / °' I
"' I I
I ' ; 1,,1'/ lo I q I ~ I
: ': I
-s ss;o4•4s" E ,308_60;-4"'=~--=--=i---1 f----~-_s !i8 "04'48" E ,I
I 2484_-13,---7~---+
I
/
I I I/ I I
\
North.ea-st 1/ 16 Comer Sectfon8 33
Found 2-3/4w Aluminum Cap on
#6 Rebar 0.5' Above Surface, Stamped
~cSI INC NEl/ 16 S33 2007 PLS :27925"
\ \ , &/--County Road No. 320
~,',
' '~
~' ~ _____ §_ 88"00'23" !£_ 13(!6,6~ ·-_ ' ' '~ "<t-----;---~~~_;;,,;,_' ~ West 1/4 ComerSection33
Found 3-1/4" Aluminum Cap
on 3" Pipe 0.5' Above Su,Jace, Stamped
"1/4 32 33 LS -10871"
West Center 1/16 Comer Section 33 ---=:::::::
Found 2-1/2" Aluminum Cap on #5 Rebar
F1ush With Top of 2X3' St.one Mound, Stamped
PCS[ INC. C Wl/ 16 S33 2007 PLS 27925"
: \
)
County of Garfield, State of Colorado
/I
I I Norl}w.1e-S1: l/ 16 Corner Section 33 . 1 II
Set 30" #6 Rebr,,r and
3-l/4"AluminumCap rCounty Road Nio 309
Stamped "BOOKCLIFF SURVEY I •
Buffalo Basin Ltd.
Parcel #217528300040
1'6SR94W NWl/ 16 S33 I Apparent Prescriptive 60.0' Right-of-Way
_______ ':_0241::_s 36572:___ ___ _ , __ 4 I ~ X -==._-:-~ --::::::::--,z-= -;ti; -----------------·----·-------_.__
, /, ,----
I I 1/ e7 S' "'
<;j "°' /, ~,
I I ~ \"-~ ~
/ .i?:s~ I Jodi Stahl ,.,, ,...-/ t" ,$ Recep1ion #833273 .v
~ I .Q,,~:t
/ I
I
I JenniJ(~r Harris
Reception #838551
\\
,,...--40.0 Qutt Claim Deed
Document No. 51573
'\ '\ \~rL6
~ ,, ,s-'
~ ,,--= )'
~r '\ C_.1,"'
"' ''"~ ~ \ \ ~ ~\ 20.0' L-Ocatwn of
Buffalo Basin Ltd.
Parcel #217528300040
E1/2NW14
·~ \ \ ~\ >-. / Witness Comers Set -------.,_.,.,~~ \ ~ ~"" /
Ll L2 ~.,..--.--_....-'\ \-'~ ~~, AreatobeAdJusted
__ .----\ \ '.._ __ from Parcel #217528300040
-----\ '\ ' "'-~ / to Par<'el #217533300157 20.0 Access Easement No. 1 --
Bernklau Exemption Plat ~ \ \ ~:--_ "W .,<.. -.... 7 •586± Acres
ReceptionNo.359338 ~ \\\ /~, ~-/·County Road No. 320
C'.enter West 1/ 16 Comer &etion 33
Found 2-1/2" Aluminum Cap on.#6 Rebar
Flush With Top of2'X3' Stone Mound, .,;,;tamped
"CSI INC. C Wl/ 16 S13 2007 PLS 27925~
Point of Beginning
;;j \\ ~ ~ 0,_r / Apparent Prescriptfoe 60.0' Right-of~Way
'l \ -~ "-/ ~ \~,' ~" ' 8 .............. \ ~✓✓"-._ ~ Ba.sis qf_ BearirigN~rth Line NEii4SW1/-'-I ~'--' "'-
Re~rd s B7~47'so~ E 1307.92' ~ ' ...._
J,<eld sssDoo'.5..'l"E 1306.90' ...::.....__: ........__ ssa·~~-3"E
' ~~ .._ 'I.IV~
Record· 505.06' :J ...._ ..... ,251.47'
Field 506.2.5' \ I I Record 3 3.1.-1-1' / 215.09 :_~ ---z::::: ·4' Centcrl/4 CornerSection33
';I;] Field .334.09' ~-~--~ _______ T Hiur,d 2-3/4"Alum.in"f4.m Cap £ 8 \ I I _fr -----on 3" Pipe Stamped
1.ot 4 '.'.: il.\ / ( ----"C-1/4 S331984LS 10871"
Second Amended -:::. \ I l 'Above Ground
Bemldau Exemption Plat O W \ / & , ~ ~\ \ \ ';/~ "~ \1 ;:;;:ff ~~t' I 1 ;rq"' 'a ,.; -I ,__ / [] ,,0,
-' I -/. '1-ti_ 20.0 Access Easement No. 2 ---~ t, \ \ ~ 01
Bt-!mklau Exemption Plar ~ Ol \ , r.o JQ
Reception No. 359338 iv ;.... \ / ~ !!;
"!", !; 1;,
NE1/4SW1/4
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G 1/
( I /l~ft
I I
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Lot 3 ".:::-<I---:
Se£:ond A.mended '~ \ 1 'i
Bern.klau Exemption Plat \ ?-a
Reception No. 453406 \"" 'Z
Pa.reel #2175,13300157 ';; ,..._ :---... ,, " ..t'e -.. ~ 0
.Ra· <brq ~ ,;.,:, C:.
~let S 6 ;-:-.-..__ \"' w s 6 0-.::°0 ✓, ;-,::...__ _;, "'
, ''Ooo~>•;;, --:,">---~:,,;,
Ii: % ;>J.~;---.-_ C <,:;,
-!.;-6. , • ~~ o.
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\
Lot 1
Second Amended
&•mkl<iu Exemption Plat
Lot 2
Second Amended
Bemklau Exemption Plat
UNE BEARING
L1 S 78~56'31~ E
L2 N 82"1 t':?4" i<.
L3 N 04~51'30" W
L4 N 01'°4!:::'1.~" 'I<:
LS S 40"'56'44" E
L6 s 71 °21 '00" w
L7 S 40"5n'44" E
L8 S32"'15'17'"E
L9 S 48"'33'06'·' E
LlO S 62°12'58" E
L11 .s 52°45'55" E
L12 S 71"'46'08H E
CURVE RADIUS ARC LENGTH CHOR1iL
Cl 282.27' 211.39' Zn6.48'
C2 525.90' 79.77' 79.69'
C3 419.25' 119.25' 118.85'
C4 521.33' 124.33' 124.04' cs 1412.40' 232.97' 232.71'
C6 486.40' 161.33' 160.59'
DlSl'ANCE
24,83'
73.79'
243.68'
190.84'
112.75'
21.62'
49.26'
1.17'
71,50'
36.65'
107.17'
42.51'
C).IORD HEARING DELTA ANGLE
S 19"31'11" E 42"'54'?.5"
N 36"36'00" W 8°41'27"
S 40"24'12" E 16"'17'49"
s ss~2.1·02" E 13~39'52"
N 57"29'26" W 9"27'03"
S 62~16'01" E 19°00'14"
PROPERTY DESCRIPTION
AREA to 13E ADJUSTED FROM PARCEL #217528.100040 TO PARL"'EL #217S83.100157
A PARCEL OF LAND S/1'UATE IN THE El/2 OF THE NWl/ 4 OF SECTION 33, TOWNSHIP 6 SOUTH, RANGE 94 WEST OF
THE 6TH PRINCIPAL MERIDIAN, COUN'fY OF GARFIEW, STATE OF COLORADO. ALL BEARINGS RELATIVE TO AN
ASSUMED REARING OF S88"00'53" E ALONG THE SOUTH LINE OF SAID SEl/4 OF THE NWI/4 BETWEEN THE CENTER
WEST 1/ 16 CORNER, A FOUND #6 REBAR AND 2-112" ALUMINUM CAP STAMPED ~csJ INC. cw 1 / 16 S33 2007 PLS
27925" AND THE CENTER 1/4 CORNER, A J.YJUND2-.. 3,14~ ALUMINUM CAPON A 2" PlPE STAMPED "C-1/4-S33 1984 LS
# 10871 ~. SAilJ PARCEL OF LAND BEJIVG MORE PARTICULARLY DESCRlBliJD AS FOLLOWS:
BEGINNING AT SAID WEST CEN1'ER 1/ 16 CORNER; m:ENCE AWNG Tl-IE WEST LINE OF SAID E1/Z OF 1'HE NW1/4
N00"'07'87"W 402,99 FEET 'I'O A POINT ON mE SOUTHEAS1'EI<LY UNE OF TIIE PARCEL DESCHIBED IN RECEPTION NO,
734000; THENCE .",LONG SA.ID LINE THE FOLLOWING THREE (a) COURSES: ,
1.)L1 -S7W56131''.E 24.83 FEET
2.) 1~2 -N82"11 '34"E 73. 79 FEET
3.) N04°51'30"W 87.41 J;'Eb,.'T TOA POINTON THE EAS1' LlNE OF THAT PARCEL DESCRIBED IN RECEPTION NO. 841792;
THENCE ALONG SAID EAST !,1NE 1'HE FOLLOWIN 1WO (2) COURSES
1.) N04°S1'30"W 156,27 FEET
2.j L4 -NO 1 ~45• 1.rs 190. 84 FEET TO A POINT ON THE 1-VEST LINE: OF QWT CLAIM DEED,. DOCUMENT NO. 51573;
THENCE ALONG SAID WEST UNE 11fE FOLLOWING THREE (3) COURSES:
1.) Cl -ALONG t'H.EARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 282.27 FEET, AN ARC LENGTH OF 211.39'
(CHORD BEARS S19",11'11 "E 206.48 FEET)
2.) D.5 -S40"56'44''.f£ 112. 75 FEET
3,) L6 -N71A2l'OO"E 21.62 FEET
TO A POINT ON THE CEN1'ERLJNE OF COUNTY ROAD NO. 820; THENCE AWNG SAID CENTERLINE TIIE FOLLOWING
ELEVEN (11) COURSES;
1./ L7 • S40°56'44"E 49.26 FEET
2.} C2 -ALONG THE ARC OFA CURVE TO THE RIGHTHAVJNGARADIUSOFS'2.S,90FEET, AN ARCLENG1110F 79.77
FEE'I' {CHORD BEARS S36"36'0WE 79, 69 FEET)
3.) £8 • S3'2~1S'17"E 1.17 FEET
4.) CS -ALONG THE ARC OFA, CURVE ro THE LEFT HAllINGA RADRIS OF419.25 FEET, AN ARC LENGTH OF 119.25'
(CHORD BEARS S40"24'1:::~E 118.8$ FEET)
5.J £9 .. S48"33'06UE 71.53 FEET
6.J C4 -AWNG THE ARC OF A CURVE 1'0 T1IE LEFT HA VJNG A RADflJS OF .52L1.1 FEET, AN ARC LENGTH OF 124.3.'i'
(CHORD BEARS S55°23'02"E' 124,04 FEE1J
7.J £10 -S62"12'58"E 36.65 FEET
8.) CS -ALONG THE ARC OF A CURVE 'I'D 1'HE RIGHT HA VJNG A RADIUS OF 1412.40 FEET, AN ARC LENGTH OF 232.97'
/Cf-IORD BF..ARS SS7°29'26"E 2.32,71 PEIZ1)
9,) L11 -ss:2~45'55''E 107,17 FEET
10.) C6-ALONG THE ARC OF A CURVE TO TJIE LEFT HAVING A RADJUS OF486.40FEE-T, AN ~RC LENGTH OF 161.33'
(CHORD BEARS S62°16'01"E 160,59 FEET)
11.) Li2-S71"46'08"E 42.51 FEET
TO A POINT ON THE SOUTH LINE OF SAID SEl / 4 OF THE NWl/ 4; THENCE ALONG SAID SOUTH LINE N88 °00'53 1'W
1055,43 FEET 1'0 THE POINT OF BEGINNING. SAID PARC'EL OF LAND CON'l'AINING 7.586 ACRES MORE OR LESS.
NOTES
J.) DATE OF SURVEY WAS MARCH 7, 2024.
2.) BASIS OF BEARING FOR THIS SURVEY IS AN ASSUMED BEARING OF S88°00'53" E ALONG THE SOUTH LINE OF
THE SE1/ 4 OF THE NWl/ 4 OF SECTION 33, 1'6S R94W 6'l'H P.M. BETWEEN TIIE CENTER WEST 1/ 16 CORNER, A
FOUND #6 REBARD AND 2-1/ 2'' ALUMJ.NUM CAP STAMPED ''CS! INC. CW 1/ 16 S33 2007 PLS 27925~ AND THE CENTER
1/4 CORNER, A FOUND2-3/4~ ALUMINUM CAPON A 2" PIPE STAMPED "C-1/4 S33 1984 LS#l0871~, AS b"'llOWN
HEREON.
3.J THIS BOUNDARY LlNE ADJUSTMENT MAP IS 13.4.SED ON:
a. BERNKLAU EXEMPTION AMENDED PLAT RECORDED OCTOBER 6, 1993 AS RECEPTION NO. 453406.
b. MONUMENTS FOUND IN PLACE AS INDICATED l-IEREON.
4.) THE PURPOSE OP THIS BOUNDARY l..lNE AD.JUSTMENT MAP JS TO TRANSFER THEE ~AREA TO BE ADJUSTED" FROM
PARCEL #217528300040 1'0 PARCBL #217528.300l 57.
5.) ALL DIMENSIONS SHOWN HEREON ARE RECORD AND AS-MEASURED UNLESS OTHERWISE INDICATED.
6.) AU FOUND OR SET MONUMEN1'S ARE FLUSH WITH GROUND EXCEPT .4.S NOTED HEREON.
7.) THE LINEAL UNIT USED IN THE PREPARATION OF THJS PLAT IS 11JE U.S. SURVEY FOOT AS DEFINED BY
T1f!Z UN!TTW STATES DEPARTMENT OF COMMERCE, NATIONAL INST!TtfI'IZ OF S1'ANDARDS AND
TECHNOLOGY,
8.J ACCORDING ro COLORADO I.AW YOU MUST COMMENCE A.NY f,,EGAL AC110N BASED UPON ANY DEFECT IN THIS
SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED
VPON ANY DEFECT IN THIS SURVEY BE L"OMMENCED MORE 2HAN TEN YEA.RS FR-OM THE DA1E OP G'ERTIFICATION
SHOw:N HEREON.
SURVEYOR'S CER'I'IFICATE
l MICHAEL J. LANGHORNE, HEREBY CERTIFY 11-lAT THIS PLAT ACCURATEJ,Y REPRESENTS A SURVEY, PERFORMED
EITHRR BY ME OR UNDER MY SUPERVISION, IS BASED ON MY KNOWLEDGE, INFORMATION AND BELlEF, AND TH.4.T IT
CONFORMS W/11:f THE CURRENT "STANDARDS FOR LAND SURVEYS" OF THE COLORADO AES BOARD OF LICENSURE,
AS WELL AS WITH RELATED SURVEY REQUIREMENTS OF CURRENT VERSIONS OF THE COWRADO REVISED STATUTE
38-50-1 06. THIS CERTIFICATE IS NOT INTENDED TO BE AN EXPRF .... SS OR IMPUED WA.RRANTY OR GUARANTEE OF ANY
MATTERS EXCEP'I' THOSE STATED IN THE PRECEDING SENTENCE.
IN WITNEBS WHEREOF 1 HA VE SET MY HAND AND SEAL
MlCHAEL J. LANGHORNE,
COWRADO P.L.S. #36572
D -,,,. .
7FAO185CB688407
CLERK AND RECORDER'S CERTIFICATE
A'1'2: O'CI,QCK -<J...N.JlllS :,o fH DAYOF=.,,.._..=,..-"-'=~•A.D., ~AND JS DULY RECORDED AS
Tf-1/S P~ WAS FI: ~RECORD IN THE OFFICE OF T~~ORDER OF GARFIELD COUNTY, COLORADO,
RECEPTION No.I c. 'f:iL. Zo z. 'I
A1TEST ~M~ 2r ~-7 CL AND REGO BR.
BY, ,(J •~'' / DE TY
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3/18/24
PROJECT NO.
23089
SHEET
OF
Docusign Envelope ID: CBB807F8-F25'.>4944-B3D3-64292036C083
CURVE
Cl
C2
RADIUS
495.25'
395.00'
0 100 200 300
SCALE: 1"~100'
LEGEND
S""i 18" #5 Rebar and
1-1/4" Orange Plastic Cap
Stamped "PROP CORNER PLS 36572" 0
LINE
Ll
L2
ARC l,ENOTH
60.25'
147.34'
BMRING
N 71 "46 '08" W
N 64"47'56" W
DISTANCE
3.90'
55.66'
CHORD LENGTH CHORD BEARING
60.21' N68°17'02"W
146.48' N 75"29'05" W
DELT.4.ANGLE
6°58'12"
21°22·17~
CASEY TO BUFFALO BASIN LTD.
BOUNDARY LINE ADJUSTMENT MAP
A Portion of Trahern Ranch, Situate in the El/2 of the NWl/ 4 of Section 33 and
Lot 1, Amended Bemklau Exemption Plat, Situate in the NEl/4 of the SWl/4 of Section 33,
Township 6 South, Range 94 West of the 6th P.M.
West Center 1/ 16 Conrer Sediori 33
Found 2-1/2" Aluminum Cap on #6 Rebar
Flush With Top of 2X3' Stone Mound
Stamped "CSI INC. C Wl/ 16 ~33
2007 PLS 27925" ~
~ . 7L
Found 15 R"'bur
Record 505.06'
Field 506.33'
-(fl
I
I
I
I
I
I
I
I
I
I
I
I
I
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County of Garfield, State of Colorado
Basis of Bearing Norl.h line NE! 14SW1J 4
Record S 87°47'so~ E 1307.92'
Field S 88°00'53" E 1306,90'
Record 333.4 J'
Field 334.0J'
Lot 3
Second Amended
Bemklau Exemption Plat
Parcel #217528300040
Portion of Trahern Ranch
Situate in El/2NW1/4
Pu reel #217533300155
Loll
Second Amended
Bemklau Exemption Plat
Reception No. 153106
Section 33 A.rea to be Adjusted from
Parcel #217533300155 to
Parcel #217528300040
11,286 sq. ft.
( 0.259± Acres
I
/
/
/
/
/
/
/
/.
/
/
/
/
/
/
/
/
/
/
I
I
I
I
I
fol
Found #5 Rebar &
1-1/4" Red Plastic Cap
Stamped "LS 27925"
I
I
I
I
I
I
I
Wt'2
Se.cnnd AmP.nde.d
Bemldau Exemption Plat
Found IS Rebar &
1-1/4'' White Plastic Cap
Stumpiriy Illegible
PARCEL DESCRIPTION
A PARCEL OF LAND S!TlJATEJN 'I'HE NE7/4 Ofi'THE SWl/4 OF SECTION 33, TOWNSHIP 6 SOUTH, RANGE 94
WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. ALL BEARINGS RELATIVE TO AN
ASSUMED BEARING OF S88°00'53''E ALO,\'G THE NORTH LINE OF THE NEl/ 4 OF THE S\Vl/ 4 OF SAID SECTION
33 BETWEEN THE WEST CENTER 1/16 CORNER, A FOUND #6 REBAR AND 2-1/2'' ALUMINUM CAP STAMPED
"CSI INC. CW 1/ 16 S33 2007 PLS 27925" AND THE CENTER 1/1 CORNJ:iR, A FOUi'W '2-3/4'" ALUMINUM CAPON
A 2" PIPE STAMPED ··c-1/4 S33 1984 LS #t 10871 ". SAID PARCEL OF 1.,AND BEING MORE PARTICULARLY
DESCRlBED AS FOLLOWS:
BEGINNING AT SAID CENTER 1/ 4 CORNER, SECTION 33; THENCE ALONG THE EAST UNE OF LOT J , AMENDED
BERNKLAU EXEMPTION RECORDED AS RECEPTION NO. 453406, SOW22'23''E 75.20 FEET TO A POINTON THE
CENTERLINE OF COUNTY ROAD NO. 320; TI/ENCE: DEPARTING SAID EAST LINE AND ALONG SAID CENTERUNE
THE FOLLOWING FOUR (4) COURSES:
1.) C2 -ALONG THE ARC OF A CURVE ro THE RIGHT HAVING A RA.DIUS OF 395.00 FEET, AN ARC LENGTH OF
14 7. 34 FEET AND CHORD BEARING N7 5°2 9'05"W 146. 48 FEET
2.) L2 -N64 °4 7'56"W 55, 66 FEET
3.) Cl -ALONG THE ARC OFA. CURVE TO THE LEFT HAVING A RADIUS OF495.25 FEET, AN ARC LENGIR OF
60.25 FEET AND CHORD BEA.RING N68°1T02.'W60.21 FEET
4.)Ll -N7J,46'08"W3.90FEET
1'0 A POINTON THE NORTH LINE OF SAID LOT 1: THENCEAWNG SAID NORTH LINE S88°00'53"E 251.47 FEET
TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 11,286 SQUARE FEET (0.259± ACRES)
MORE OR LESS.
NOTES
1.) DATE UF /,UR VEY WAS MARCH 7, 2024.
2.) BASIS OF BEARING FOR THIS SURVEY JSAN ASSUMED BEARING OF S88°00'.5.1" E ALONG THB EAST
WEST CENTERLINE OF ~"'ECTlON 33, 1"6S R91W 6Tl-i P.M. BETWEEN THE CENTER WEST 1/ 16 CORNER_. A
FOUND #6 REBARDAND 2-1/2" ALUMINUM CAP ST.AMPED "CS1 INC. CW 1/16 S33 2007 PLS 27925" AND THE
CENTER 1/4 CORNER, A FOUND 2-3/4" ALUMINUM CAPON A 2" PIPE STAMPED ''C-1/4 S88 1984 LS #10871",
AS SHOWN HEREON.
3.) THIS BOUNDARY UNE ADJUSTMENT MAP IS BASED ON:
a. BERNKLAU EXEMPTION AMENDED PLAT RECORDED OCTOBER 6, 1993 AS R.ECEP110N .NO. 453406.
b . MONUMENTS FOUND TN P7,ACE AS DVDJCATED HEREON.
4.) THE PURPOSE OF THIS BOUNDARY LINE ADJUSTMENT MAP IS TO TRANSFER THE "AREA TO BE
ADJUSTED" FROM PARCEL #217533300155 TO PARCEL #217528300040.
5) ALL DIMENSIONS SHOWN HEREON ARE RECORD AND AS-MEASURED UNLESS OTHERWISE INDICATED.
6.) ALL FOUND OR SET MOiliUMENTS ARE FLUSH WITH GROUND EXCEPT AS NOTED HEREON.
7.) THE LlNEAL UNIT USED IN THE PREPARATION OF THIS PLAT IS THE U.S. SURVEY FOOT AS DEFINED BY
THE UNITED STATES DEPARTMENT OF COMMERCE, NATIONAL INSTITUTE OF STANDARDS AND
TECHNOWGY.
8,) ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT
IN THIS SURVEY ~7THIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEF'ECT. IN NO EVENT MAY ANY
ACTION BASED UPON ANY DEFECTJN THJS SURV.t:Y HH COMMENCED MORE 1HAN TEN YEARS FROM THE
DATE OF CERTIFICATION SHOWN HEREON.
SURVEYOR'S CERTIFICATE
I MICHAEL J. LANGHORNE, HEREBY CERTIFY TJ-JAT THIS PLAT ACCURATELY REPRESEI'ltTS A SURVEY,
PERFORMED EITHER BY ME OR UNDER MY SUPERVISION, JS BASED ON MY KNOWLEDGE, INFORMATION AND
BELIEF, AND THAT IT CONFORMS WlTH THE CURRENT ''STANDARDS FOR LAND SURVEYS" OF THE
COLORADO AES BOA.RD OF LI CENSURE, AS WELL AS WITH RELATED SURVEY REQUIREMENTS OF CURRENT
VERSIONS OF THE COLORADO REVISED STATUTE 38-50-106. THIS CERTIFICATE IS NOT INTENDED TO BE AN
EXPRESS OR IMPLIED WARRA}1.'TY OR GUARANTEE OF ANY MATTERS EXCEPT THOSE STATED IN THE
PRECEDING SENTENCE.
IN WITNESS WHEREOF I HA VE SET MY HAND AND SEAL
MICHAEL J. LANGIIORNE,
COLORADO P.L.S. 136572
CLERK AND RECORDER'S CERTIFICATE
7FAD 185CB688407 ...
R RECORD IN ~E OFFICE OF TH'J.EK ANW:..ORDER OF GARFIELD COUNTY, COLOHADO,
ON THIS DTY DAY OF lM A..D.,-£020 (!-ND IS DULY RECORDED AS
• ~ 201..., {)/(AWE£. 2 S-A
A1TES1'.c --LE_R_K_A_N_D_R_E_c_o_R_D_E_R __ _,G"'"O, ·
BY: ______ ,_'~-------
DEPUTY
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DATE: 3/18/24
PROJECT r,o.
23089
SHEET
OF
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule
B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Page 1 of 9
ALTA COMMITMENT FOR TITLE INSURANCE
issued by
COMMONWEALTH LAND TITLE INSURANCE COMPANY
NOTICE
IMPORTANT – READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION
OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO
DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE
COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO
EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED
IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE
COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER
PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I – Requirements; Schedule B, Part II – Exceptions; and the Commitment Conditions,
Commonwealth Land Title Insurance Company, a(n) Florida corporation (the “Company”), commits to issue the Policy according
to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A
for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as
the Proposed Amount of Insurance and the name of the Proposed Insured.
If all of the Schedule B, Part I – Requirements have not been met within 180 days after the Commitment Date, this Commitment
terminates and the Company’s liability and obligation end.
COMMITMENT CONDITIONS
1.DEFINITIONS
a. “Discriminatory Covenant”: Any covenant, condition, restriction, or limitation that is unenforceable under applicable
law because it illegally discriminates against a class of individuals based on personal characteristics such as race,
color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally
protected class.
b. “Knowledge” or “Known”: Actual knowledge or actual notice, but not constructive notice imparted by the Public
Records.
c. “Land”: The land described in Item 5 of Schedule A and improvements located on that land that by State law constitute
real property. The term “Land” does not include any property beyond that described in Schedule A, nor any right, title,
interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway,
but does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
d. “Mortgage”: A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including
one evidenced by electronic means authorized by law.
e. “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be
issued by the Company pursuant to this Commitment.
f. “Proposed Amount of Insurance”: Each dollar amount specified in Schedule A as the Proposed Amount of Insurance
of each Policy to be issued pursuant to this Commitment.
g. “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued
pursuant to this Commitment.
h. “Public Records”: The recording or filing system established under State statutes in effect at the Commitment Date
under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a
purchaser for value without Knowledge. The term “Public Records” does not include any other recording or filing
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule
B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Page 2 of 9
system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing,
building, health, public safety, or national security matters.
i. “State”: The state or commonwealth of the United States within whose exterior boundaries the Land is located. The
term “State” also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and
Guam.
j. “Title”: The estate or interest in the Land identified in Item 3 of Schedule A.
2.If all of the Schedule B, Part I – Requirements have not been met within the time period specified in the Commitment to
Issue Policy, this Commitment terminates and the Company’s liability and obligation end.
3.The Company’s liability and obligation is limited by and this Commitment is not valid without:
a. the Notice;
b. the Commitment to Issue Policy;
c. the Commitment Conditions;
d. Schedule A;
e. Schedule B, Part I – Requirements;
f. Schedule B, Part II – Exceptions; and
g. a counter-signature by the Company or its issuing agent that may be in electronic form.
4.COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien,
encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of
the Company is limited by Commitment Condition 5. The Company is not liable for any other amendment to this
Commitment.
5.LIMITATIONS OF LIABILITY
a. The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred
in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the
amended Commitment, resulting from the Proposed Insured’s good faith reliance to:
i. comply with the Schedule B, Part I – Requirements;
ii. eliminate, with the Company’s written consent, any Schedule B, Part II – Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
b. The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the amendment or
had Knowledge of the matter and did not notify the Company about it in writing.
c. The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred the
expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed
Insured.
d. The Company’s liability does not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith
and described in Commitment Condition 5.a. or the Proposed Amount of Insurance.
e. The Company is not liable for the content of the Transaction Identification Data, if any.
f. The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I
– Requirements have been met to the satisfaction of the Company.
g. The Company’s liability is further limited by the terms and provisions of the Policy to be issued to the Proposed
Insured.
6.LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM
a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.
b. Any claim must be based in contract under the State law of the State where the Land is located and is restricted to
the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured
against the Company must be filed only in a State or federal court having jurisdiction.
c. This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the
subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals
of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment.
d. The deletion or modification of any Schedule B, Part II – Exception does not constitute an agreement or obligation to
provide coverage beyond the terms and provisions of this Commitment or the Policy.
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule
B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Page 3 of 9
e. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by
the Company.
f. When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability
will be under the Policy.
7.IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies.
The issuing agent is not the Company’s agent for closing, settlement, escrow, or any other purpose.
8.PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the
Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered
to a Proposed Insured, nor is it a commitment to insure.
9.CLAIMS PROCEDURES
This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed
Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6.
10.CLASS ACTION
ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE
OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT
PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING
RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS
PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY
ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION.
11.ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is $2,000,000 or
less may be arbitrated at the election of either the Company or the Proposed Insured as the exclusive remedy of the parties.
A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration.
COMMONWEALTH LAND TITLE INSURANCE
COMPANY
P.O. Box 45023, Jacksonville, FL 32232-5023
By:
Michael J, Nolan, President
By:
Marjorie Nemzura, Secretary
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule
B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Page 4 of 9
Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment Condition
5.e.:
Issuing Agent: Commonwealth Title Company of Garfield County, Inc.
Issuing Office: 127 East 5th Street
Rifle, CO 81650
Issuing Office’s ALTA® Registry ID: 1038730
Loan ID Number:
Commitment Number: 2024-06-15
Issuing Office File Number: 2024-06-15
Property Address: 0 County Rd 320, Rifle, CO 81650
Revision Number: 1
SCHEDULE A
1.Commitment Date: May 8, 2025 at 8:00 AM
2.Policy to be issued:
(a) 2021 ALTA Owner's Policy
Proposed Insured:
Proposed Amount of Insurance:$
Policy Premium:$0.00
The estate or interest to be insured:fee simple
(b) 2021 ALTA Loan Policy
Proposed Insured:
Proposed Amount of Insurance:$
Policy Premium:$0.00
The estate or interest to be insured:fee simple
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:
Diana Lynn Casey
5.The land is described as follows:
The land is described as set forth in Exhibit A attached hereto and made a part hereof.
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule
B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Page 5 of 9
COMMONWEALTH TITLE COMPANY OF
GARFIELD COUNTY, INC.
127 East 5th Street, Rifle, CO 81650
Telephone: (970) 625-3300
Countersigned by:
Patrick P. Burwell, License #153719
Commonwealth Title Company of Garfield County,
Inc., License #292895
COMMONWEALTH LAND TITLE INSURANCE
COMPANY
P.O. Box 45023, Jacksonville, FL 32232-5023
By:
Michael J, Nolan, President
By:
Marjorie Nemzura, Secretary
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule
B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Page 6 of 9
SCHEDULE B, PART I – Requirements
All of the following Requirements must be met:
1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then
make additional Requirements or Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. 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.
4. -This is an informational only commitment and no policy will be issued hereunder.
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule
B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Page 7 of 9
SCHEDULE B, PART II – Exceptions
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This
Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each
Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining
provisions of the document will be excepted from coverage.
The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified
in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company:
1. Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage of area, encroachments, and any facts which a correct survey
and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not
shown by the public records.
5. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records
or is created, attached, or is disclosed between the Commitment Date and the date on which all of the Schedule B,
Part I—Requirements are met.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. Any lien or charge on account of the inclusion of subject property in an improvement district.
8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public
record.
9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to
penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the
authority of the United States, as reserved in United States Patent recorded on January 12, 1921 as Instrument
#73928 in the official records
10. Right of way for ditches and canals in place and in use.
11. Right of way for County Road No. 320.
12. Oil, gas and mineral lease recorded on April 21, 1955 as Instrument #189300 in the official records and any and all
interests therein or assignments thereof.
13. Oil, gas and mineral lease recorded on December 3, 1984 as Instrument #322134 in the official records and any
and all interests therein or assignments thereof.
14. Terms, conditions and all matters set forth in Resolution recorded on January 7, 1985 as Instrument #358555 in
the official records
15. Oil, gas and mineral lease recorded on January 6, 1987 as Instrument #377938 in the official records and any and
all interests therein or assignments thereof.
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule
B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Page 8 of 9
16. Terms, conditions and all matters set forth in Agreement recorded on April 23, 1992 as Instrument #434058 in the
official records
17. Easements, rights of way, plat notes and all matters described and set forth on the Plat recorded on September 8,
1993 as Instrument #452167 in the official records
18. Easements, rights of way, plat notes and all matters described and set forth on the Plat recorded on October 6,
1993 as Instrument #453406 in the official records
19. Easement and right of way as described in document recorded as Instrument #587005 in the official records
20. Terms, conditions and all matters set forth in Agreement recorded on September 10, 2002 as Instrument #610396
in the official records
21. Reservation of mineral rights more fully described in Deed recorded on December 30, 2024 as Instrument
#1003017 in the official records and any and all interests therein or assignments thereof.
22. Terms, conditions and all matters set forth in Boundary Line Adjustment Affidavit recorded on December 30, 2024
as Instrument #1003019 in the official records
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule
B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Page 9 of 9
EXHIBIT “A”
The Land referred to herein below is situated in the County of Garfield, State of Colorado and is described as follows:
A parcel of land situated in the NE1/4 SW1/4 Section 33, Township 6 South, Range 94 West of the 6th Principal Meridian,
being more particularly described as follows:
Beginning at the Center Quarter corner of said Section 33, being an aluminum cap properly marked on a 2 1/2" pipe in a
mound of stones also being the Northeast corner of Lot 1 as described herein: thence N 87°47'50" W 469.45 feet along
the North line of said NE1/4 SW1/4; thence S 16°04'00" W 615.08 feet; thence N 78°46'42" E 650.87 feet to the East line
of said NE1/4 SW1/4; thence N 00°06'57" E 446.34 feet along said East line to the point of Beginning,
Also known as:
Lot 1
Bernklau Exemption
According to the plat thereof recorded October 6, 1993 as Reception No. 453406
Less that portion conveyed in Instrument recorded December 30, 2024 as Reception No. 1003017
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule
B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Page 1 of 9
ALTA COMMITMENT FOR TITLE INSURANCE
issued by
COMMONWEALTH LAND TITLE INSURANCE COMPANY
NOTICE
IMPORTANT – READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION
OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO
DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE
COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO
EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED
IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE
COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER
PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I – Requirements; Schedule B, Part II – Exceptions; and the Commitment Conditions,
Commonwealth Land Title Insurance Company, a(n) Florida corporation (the “Company”), commits to issue the Policy according
to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A
for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as
the Proposed Amount of Insurance and the name of the Proposed Insured.
If all of the Schedule B, Part I – Requirements have not been met within 180 days after the Commitment Date, this Commitment
terminates and the Company’s liability and obligation end.
COMMITMENT CONDITIONS
1.DEFINITIONS
a. “Discriminatory Covenant”: Any covenant, condition, restriction, or limitation that is unenforceable under applicable
law because it illegally discriminates against a class of individuals based on personal characteristics such as race,
color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally
protected class.
b. “Knowledge” or “Known”: Actual knowledge or actual notice, but not constructive notice imparted by the Public
Records.
c. “Land”: The land described in Item 5 of Schedule A and improvements located on that land that by State law constitute
real property. The term “Land” does not include any property beyond that described in Schedule A, nor any right, title,
interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway,
but does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
d. “Mortgage”: A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including
one evidenced by electronic means authorized by law.
e. “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be
issued by the Company pursuant to this Commitment.
f. “Proposed Amount of Insurance”: Each dollar amount specified in Schedule A as the Proposed Amount of Insurance
of each Policy to be issued pursuant to this Commitment.
g. “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued
pursuant to this Commitment.
h. “Public Records”: The recording or filing system established under State statutes in effect at the Commitment Date
under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a
purchaser for value without Knowledge. The term “Public Records” does not include any other recording or filing
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule
B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Page 2 of 9
system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing,
building, health, public safety, or national security matters.
i. “State”: The state or commonwealth of the United States within whose exterior boundaries the Land is located. The
term “State” also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and
Guam.
j. “Title”: The estate or interest in the Land identified in Item 3 of Schedule A.
2.If all of the Schedule B, Part I – Requirements have not been met within the time period specified in the Commitment to
Issue Policy, this Commitment terminates and the Company’s liability and obligation end.
3.The Company’s liability and obligation is limited by and this Commitment is not valid without:
a. the Notice;
b. the Commitment to Issue Policy;
c. the Commitment Conditions;
d. Schedule A;
e. Schedule B, Part I – Requirements;
f. Schedule B, Part II – Exceptions; and
g. a counter-signature by the Company or its issuing agent that may be in electronic form.
4.COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien,
encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of
the Company is limited by Commitment Condition 5. The Company is not liable for any other amendment to this
Commitment.
5.LIMITATIONS OF LIABILITY
a. The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred
in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the
amended Commitment, resulting from the Proposed Insured’s good faith reliance to:
i. comply with the Schedule B, Part I – Requirements;
ii. eliminate, with the Company’s written consent, any Schedule B, Part II – Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
b. The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the amendment or
had Knowledge of the matter and did not notify the Company about it in writing.
c. The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred the
expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed
Insured.
d. The Company’s liability does not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith
and described in Commitment Condition 5.a. or the Proposed Amount of Insurance.
e. The Company is not liable for the content of the Transaction Identification Data, if any.
f. The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I
– Requirements have been met to the satisfaction of the Company.
g. The Company’s liability is further limited by the terms and provisions of the Policy to be issued to the Proposed
Insured.
6.LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM
a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.
b. Any claim must be based in contract under the State law of the State where the Land is located and is restricted to
the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured
against the Company must be filed only in a State or federal court having jurisdiction.
c. This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the
subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals
of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment.
d. The deletion or modification of any Schedule B, Part II – Exception does not constitute an agreement or obligation to
provide coverage beyond the terms and provisions of this Commitment or the Policy.
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule
B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Page 3 of 9
e. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by
the Company.
f. When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability
will be under the Policy.
7.IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies.
The issuing agent is not the Company’s agent for closing, settlement, escrow, or any other purpose.
8.PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the
Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered
to a Proposed Insured, nor is it a commitment to insure.
9.CLAIMS PROCEDURES
This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed
Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6.
10.CLASS ACTION
ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE
OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT
PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING
RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS
PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY
ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION.
11.ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is $2,000,000 or
less may be arbitrated at the election of either the Company or the Proposed Insured as the exclusive remedy of the parties.
A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration.
COMMONWEALTH LAND TITLE INSURANCE
COMPANY
P.O. Box 45023, Jacksonville, FL 32232-5023
By:
Michael J, Nolan, President
By:
Marjorie Nemzura, Secretary
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule
B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Page 4 of 9
Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment Condition
5.e.:
Issuing Agent: Commonwealth Title Company of Garfield County, Inc.
Issuing Office: 127 East 5th Street
Rifle, CO 81650
Issuing Office’s ALTA® Registry ID: 1038730
Loan ID Number:
Commitment Number: 2024-06-16
Issuing Office File Number: 2024-06-16
Property Address: 2956 County Rd 320, Rifle, CO 81650
Revision Number: 2
SCHEDULE A
1.Commitment Date: May 8, 2025 at 8:00 AM
2.Policy to be issued:
(a) 2021 ALTA Owner's Policy
Proposed Insured:
Proposed Amount of Insurance:$
Policy Premium:$0.00
The estate or interest to be insured:fee simple
(b) 2021 ALTA Loan Policy
Proposed Insured:
Proposed Amount of Insurance:$
Policy Premium:$0.00
The estate or interest to be insured:fee simple
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:
Diana Bernklau Casey
5.The land is described as follows:
The land is described as set forth in Exhibit A attached hereto and made a part hereof.
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule
B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Page 5 of 9
COMMONWEALTH TITLE COMPANY OF
GARFIELD COUNTY, INC.
127 East 5th Street, Rifle, CO 81650
Telephone: (970) 625-3300
Countersigned by:
Patrick P. Burwell, License #153719
Commonwealth Title Company of Garfield County,
Inc., License #292895
COMMONWEALTH LAND TITLE INSURANCE
COMPANY
P.O. Box 45023, Jacksonville, FL 32232-5023
By:
Michael J, Nolan, President
By:
Marjorie Nemzura, Secretary
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule
B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Page 6 of 9
SCHEDULE B, PART I – Requirements
All of the following Requirements must be met:
1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then
make additional Requirements or Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. 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.
4. -This is an informational only commitment and no policy will be issued hereunder.
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule
B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Page 7 of 9
SCHEDULE B, PART II – Exceptions
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This
Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each
Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining
provisions of the document will be excepted from coverage.
The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified
in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company:
1. Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage of area, encroachments, and any facts which a correct survey
and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not
shown by the public records.
5. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records
or is created, attached, or is disclosed between the Commitment Date and the date on which all of the Schedule B,
Part I—Requirements are met.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. Any lien or charge on account of the inclusion of subject property in an improvement district.
8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public
record.
9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to
penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the
authority of the United States, as reserved in United States Patent recorded on January 12, 1921 as Instrument
#73928 in the official records
10. Right of way for ditches and canals in place and in use.
11. Right of way for County Road No. 320.
12. Oil, gas and mineral lease recorded on April 21, 1955 as Instrument #189300 in the official records and any and all
interests therein or assignments thereof.
13. Oil, gas and mineral lease recorded on December 3, 1984 as Instrument #322134 in the official records and any
and all interests therein or assignments thereof.
14. Terms, conditions and all matters set forth in Resolution recorded on January 7, 1985 as Instrument #358555 in
the official records
15. Oil, gas and mineral lease recorded on January 6, 1987 as Instrument #377938 in the official records and any and
all interests therein or assignments thereof.
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule
B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Page 8 of 9
16. Terms, conditions and all matters set forth in Agreement recorded on April 23, 1992 as Instrument #434058 in the
official records
17. Easements, rights of way, plat notes and all matters described and set forth on the Plat recorded on September 8,
1993 as Instrument #452167 in the official records
18. Easements, rights of way, plat notes and all matters described and set forth on the Plat recorded on October 6,
1993 as Instrument #453406 in the official records
19. Easement and right of way as described in document recorded on August 24, 2001 as Instrument #587005 in the
official records
20. Terms, conditions and all matters set forth in Agreement recorded on September 10, 2002 as Instrument #610396
in the official records
21. Reservation of mineral rights more fully described in Deed recorded on June 2, 1994 as Instrument #464027 in the
official records and any and all interests therein or assignments thereof.
22. Terms, conditions and all matters set forth in Notice of Election Not to Exercise Right of First Refusal Agreement
recorded on December 30, 2024 as Instrument #1003016 in the official records
23. Reservation of mineral rights more fully described in Deed recorded on December 30, 2024 as Instrument
#1003018 in the official records and any and all interests therein or assignments thereof.
24. Terms, conditions and all matters set forth in Boundary Line Adjustment Affidavit recorded on December 30, 2024
as Instrument #1003020 in the official records
25. Easements, rights of way, plat notes and all matters described and set forth on the Plat recorded on December 30,
2024 as Instrument #1003037 in the official records
American Land Title Association Commitment for Title Insurance
2021 v. 01.00 (07-01-2021)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule
B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Page 9 of 9
EXHIBIT “A”
The Land referred to herein below is situated in the County of Garfield, State of Colorado and is described as follows:
A parcel of land situated in the NE1/4SW1/4 Section 33, Township 6 South, Range 94 West of the 6th Principal Meridian,
being more particularly described as follows:
Beginning at a point on the North line of said NE1/4SW1/4, said point also being the NE corner of Lot 3 as described
herein whence the Center quarter corner of said Section 33, an aluminum cap properly marked on a 2 1/2" pipe bears S.
87°47'50" E. 469.45 feet; thence N. 87°47'50" W. 333.41 feet along the North line of said NE1/4SW1/4; thence S.
04°10'43" E 445.10 feet; thence S. 39°30'36" W. 360.86 feet; thence S. 66°48'35" E 461.84 feet; thence N. 12°06'32" W.
307.17 feet; thence N. 16°04'00" E. 615.08 feet to a point of Beginning
Also known as:
Lot 3
Bernklau Exemption
According to the plat thereof recorded October 6, 1993 as Reception No. 453406
Together with a parcel of land described in Special Warranty Deed recorded December 30, 2024 as Reception No.
1003018
1003017 12/30/2024 01 :39:08 PM Page 1 of 2
Jacklyn K. Harmon, Garfield County, Colorado
Rec Fee: $18.00 Doc Fee: $0.30 eRecorded
GRANTOR:
SPECIAL WARRANTY DEED
DIANA LYNN CASEY
2956 County Road 320, Rifle, CO 81650
for the consideration of ($1.00) ONE and 00/100 DOLLARS, in hand paid, hereby conveys to
GRANTEE: BUFFALO BASIN LTD., fka Buffalo Basin Limited Partnership
POB 1926, Rifle, CO 81650 Garfield County, Colorado
the following described real property:
T. 6 S .. R. 94 W. 6th P.M.
Sec. 33: NE1/4SWl/4: Portion of the NEl/4SWl/4 lying north of County Road 320, as
more particularly described in Exhibit A attached.
Address: not assigned, Rifle, CO 81650;
aka part ofR0247125 PIN 2175 333 00 155
EXCEPT: Grantor reserves all mineral rights;
No adjudicated water rights included.
Said parcel is to be merged with the tract of land owned by Buffalo Basin Ltu . .tl:a
Buffalo Bain Limited Partnership. lving in Sec 33: El/2NW1/4 (aka PIN: 2175 283
00 040 R024431), and cannot be sold separately from the merged tract of land,
except as allowed bv law.
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the
estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the
above bargained premises, with the hereditaments and appurtenances;
TO HA VE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
grantees, their heirs and assigns forever. The grantor(s), for themselves, their heirs, and personal representatives,
successors and assigns do covenant and agree that they shall and will WARRANT AND FOREVER DEFEND
the above bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns,
against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor(s);
excepting from the grantor's warranty, general taxes and assessments for the year 2021 and subsequent years; and
"subject to statut,ory exceptions" as defined in§ 38-30-l l3(5)(a), C.R.S.
'l . j l ·1 ~l int' d.:'i !I {t,!lLj,e_ Date: //.fJ {1 5, !)()5.:'J
DIANALYN1 CASEY ✓---
STATE OF COLORADO COUNTY OF GARFIELD) ss.
The foregoing instrument was acknowledged before me on
by DIANA LYNN CASEY.
My commission expires: (':"\ -:); ) -;i C);.). ~
Witness my hand and official seal.
( --/~-::._
' ' '·-'. ••• (N P bl') [SEAL] \ '-' ~ .·S~·-',h( _.s...: ·_--cc',>~. otary u IC
'\~J?'(c~,~\QcC ~ \~o.;i'-\
DENNA CONWELL
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19934014538
MY COMMISSIOl!l,,EXP\RES SEPTEMBER 27, 2025
-.
C:\Users\savag\SLC Dropbox\Buffolo Basin Ltd\Land parcels\Trahem River Ranch general\5 Projects\Casey property line CR 320\Work Papers\SWD
Casey to BBLdocx; created: i 1/27/2024 1 :26:00 PM; printed: 11/27/2024 I :36:00 PM
Page I of I
1~ ••"\_\, I..Al'{(j"••• ~
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7FAD185CB688407 ...
DATE: NOVEMBER 1, 2024
JOB NO: 23089 CASEY TO BBL
,gn Envelope ID: D1 B3D203-5121-48F4-96C4-D9E6097DF6FA
' ' ' ' ' '
' "
' ' ' '
' ' ' ' ' '
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EXHIBIT A
County Road No. 320
Apparent Prescriptive 60.0' Right-of-Way
',,
Parcel#217528300040
Portion of Trahern Ranch
Situate in El/2NW1/ 4
" '-..._
Section 33 ', --...
Basis of Bearing North Line NE1/4SW1/ 4
Record S 87°47'50" E 1307.92' -·LJ.....__
~ Fie.!;!:_ 3_88°00'53" E 1306.90' ....____ --..._s 88°00'53" E 25l 47' ' --~~----..1:~-;;..;.;;..~~ .
I ----....
Center 1 I 4 Comer Section 33,
Found 2-314" Aluminum Cap
on 2" Pipe Stamped
"C-1/ 4 S33 1984 LS 10871"
1 'Above Ground
Point of Beginning
--------
West Center 1/ 16 Corner Section 33 ----___ '-11,286 sq. ft.
Found 2-1/2" Aluminum Cap on #6 Rebar --0.259± Acres ~
Flush With Top of2'X3' Stone Mound ....____---..._ ---~
Stamped "CS! INC. C WI I 16 S33 ---..._ ---..._ -
2007 PLS 27925" ....____---..._
---
Parcel #217533300155
Lot 1
Second Amended
Bernklau Exemption Plat
Reception No. 453406
SCALE: 1 "= 100' LINE BEARING DISTANCE
LI N 71 °46'08" W 3.90'
L2 N 64 °4 7'56" W 55.66'
CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING
Cl 495.25' 60.25' 60.21' N68°17'02" W
C2 395.00' 147.34' 146.48' N 75°29'05" W
PARCEL DESCRIPTION
-----7
DELTA ANGLE
6°58'12"
21°22'17"
~~ "'· (") ~ 0 P..Z,.
Cl) Cl)
aa Oa t-3 0
t0 a
t--.5~
VJ vi
a '-.;j
tJ::l a
..j:,.~
..j:,. ..j:,.
'-.;j ..j:,. • 0\ ...... .
...... VJ
-..j:,.
Found #5 Rebar &
1-114" White Plastic Cap
Stamping Illegible
A PARCEL OF LAND SITUATE IN THE NEIi 4 OF THE SW]/ 4 OF SECTION 33, TOWNSHIP 6 SOUTH, RANGE 94 WEST OF THE 6TH
P.M., COUNTY OF GARFIELD, STATE OF COLORADO. ALL BEARINGS RELATIVE TO AN ASSUMED BEARING OF S88°00'53"E
ALONG THE NORTH LINE OF THE NEIi 4 OF THE SWI/ 4 OF SAID SECTION 33 BETWEEN THE WEST CENTER ll 16 CORNER, A
FOUND #6 REBAR AND 2-1/2" ALUMINUM CAP STAMPED "CS! INC. CW 1/ 16 S33 2007 PLS 27925" AND THE CENTER 1/4
CORNER, A FOUND 2-3/ 4" ALUMINUM CAP ON A 2" PIPE STAMPED "C-1/ 4 S33 1984 LS# 10871 ". SAID PARCEL OF LAND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT SAID CENTER 1/4 CORNER, SECTION 33; THENCE ALONG THE EAST LINE OF LOT 1, AMENDED BERNKLAU
EXEMPTION RECORDED AS RECEPTION NO. 453406, S00°22'23"E 75.20 FEET TO A POINT ON THE CENTERLINE OF COUNTY
ROAD NO. 320; THENCE DEPARTING SAID EAST LINE AND ALONG SAID CENTERLINE THE FOLLOWING FOUR (4) COURSES:
1.) C2 -ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 395.00 FEET, AN ARC LENGTH OF 147.34 FEET AND
CHORD BEARING N75°29'05"W 146.48 FEET
2.) L2 -N64 °4 7'56"W 55. 66 FEET
3.) Cl -ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 495.25 FEET, AN ARC LENGTH OF 60.25 FEET AND
CHORD BEARING N68 ° 1 7'02"W 60.21 FEET
4.) LI -N71 °46'08"W 3.90 FEET
TO A POINTON THE NORTH LINE OF SAID LOT 1; THENCE ALONG SAID NORTH LINE S88°00'53"E 251.47 FEET TO THE POINT OF
BEGINNING. SAID PARCEL OF LAND CONTAINING 11,286 SQUARE FEET (0.259± ACRES) MORE OR L
~OOl
c:,: ••••••••• , •• LA A,'• ···<-\.. ,, (]• •..
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(.) 36572 ;;;
11/5/24 ;
[:
IJ6)f~lf}l}ed by: _,/ -
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7FAD185CB688407 ...
DATE: NOVEMBER 1, 2024
JOB NO: 23089 CASEY TO BBL
Casey Amended Plat 200 ft buffer notic list 10/29/2024
ParcelId PIN OwnerName OwnerAddress1 OwnerCityStZip Notice Notes
R024431 2175 283 00 040 BUFFALO BASIN LTD PO BOX 1926 RIFLE CO 81650 n applicant
R247127 2175 333 00 157 CASEY, DIANA BERNKLAU 2956 COUNTY ROAD 320 RIFLE CO 816509674 n applicant
R024290 2175 332 00 113 GARRISON, LEWIS TODD 7892 COUNTY ROAD 309 RIFLE CO 81650 y
R024313 2175 332 00 125 HARRIS, BRAD & JENNIFER LAVALLA 7894 COUNTY ROAD 309 RIFLE CO 81650 y
R024314 2175 332 00 126 HARRIS, BRAD & JENNIFER LAVALLA 7894 COUNTY ROAD 309 RIFLE CO 81650 n two parcels
R247126 2175 333 00 156 HENEAGE, TERESA 2968 COUNTY ROAD 320 RIFLE CO 81650 y
R247161 2175 333 00 154 HILLTOP 2F2 RANCH, LLLP 2956 COUNTY ROAD 320 RIFLE CO 81650 n Related party
R024494 2175 533 00 047 TEP ROCKY MOUNTAIN LLC PO BOX 330 GAINESVILLE TX 76241 y
cfElt Garfield County
CERTIFICATION OF MINERAL OWN ER RESEARCH
n,is form is to be completed and submitted w i t/1 any applicati on for a Land Use Change Permit.
M i nera l i nt erests may be seve red from surface ri ght int erests i n real property. C.R .S. § 24-65.5-101, et seq,
requi r es notifi cat ion to minera l ow ners when a landovirne r appli es for an application for development from a
local government. As such, the landow ner m ust research the current m•mers of minera l i nte rests for the
property.
TI1e Ga rfield County l and Use and Devel opment Co de of 2013 ("LUOC") Section 4-101(E)(l )(b)(4) requ ires
written notic.e to owners of minera l interests in the su bject prop erty in accordance with C.R.S. § 24-65.5-101,
et seq, "as su ch o \•m ers can be identified through t he records i n t he office of t he Clerk and Reco rd er or
Assessor, or t hrough o t her means." Th is fonn i s proof of appl icant's compl iance w ith t he Co lo rado Re•Jised
Statutes an d the LUDC.
The undersigned applicant certifies that minera l owners have been researched for the subject property as
required pursuant to C.R.S . § 24-65.5-101, et seq, and Section 4-101 (E)(l)(b)(4) of the Garfie ld County Land
Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies
the following {Please initial on the blank line next to the statement that accurately reflects .the result of
research):
_ I m•m the enti re mineral estate relative to the subject property; or
A M inera ls are owned by the parties lis t ed below
TI1e names and add resses of any and all m i nera l owners identified are provided be l ow {attach additional pages
as necessary):
Name of M ineral Owner Mailing Address of M ineral Owner
I
'J'~< (,~/ T M Kl ~ t\ j T h lb vhv,>,
I acknowledge I reviewed C.R.S . § 24-65.5-101, et seq, and I am in compliance with said statue and the
LUDC.
Date ~ J
7
Glenwood Springs Branch
1322 Grand Avenue
Glenwood Springs, Colorado 81601
Telephone: (970) 945-4444
Facsimile: (970) 945-4449
November 19, 2024
John Savage
Re: Mineral Owners Letter
To whom it may concern:
We examined mineral reservations and subsequent transfers of any said interests as reflected
in recorded documents in the Garfield County Clerk and Recorder’s Office and our title plant for the
following parcel owned by Buffalo Basin Ltd. fka Buffalo Basin Limited Partnership:
Township 6 South, Range 94 West of the 6th P.M.:
Section 33: E1/2NW1/4, the part thereof located Southerly and Westerly of the centerline
of County Road No. 320.
As appears from the recorded documents in the Garfield County Clerk and Recorder’s Office
we examined for the above described parcel, and subject to reservations, exceptions and conditions
contained in the United States Patent, easements, rights of way, liens, encumbrances, rights of parties
in possession, liens, if any, of mechanics and materialmen, zoning and subdivision regulations, and any
state of facts which an accurate survey would disclose, title to the minerals was reserved to the
following:
Mineral Rights Owner Address as shown on the most recent
recorded instrument or Assessor’s Site
Rodney C. Power 2575 I-1/2 Road
Grand Junction, Colorado 81505
Carrie A. Buhlman Richard O Power Living Trust 185 Sunset Hills
Grand Junction, Colorado 81505
Elizabeth A. Batson Subtrust of the Milton and
Elizabeth Batson Family Trust
5545 Edgewood Drive
Holladay, Utah 84117
Trahern Energy LLC 715 Buckeye Court
Rifle, Colorado 81650
Barrett Resources Corporation
Delbarco, Inc.P.O. Box 781581
Wichita, Kansas 67278-1581
ABO Petroleum Corporation 207 South Fourth Street
Artesia, New Mexico 88210
Commonwealth Title Company of Garfield County, Inc.
127 East 5th Street
Rifle, Colorado 81650
Telephone: (970) 625-3300
Facsimile: (970) 625-3305
Page 2 November 25, 2024
TCPL Resources U.S.A. LTD.216 16th Street, Suite 100
Denver, Colorado 80202
Yates Drilling Company 207 South Fourth Street
Artesia, New Mexico 88210
Estate of Martin Yates, III 207 South Fourth Street
Artesia, New Mexico 88210
Lillie M. Yates 207 South Fourth Street
Artesia, New Mexico 88210
Buffalo Basin Ltd. fka Buffalo Basin Limited
Partnership
P. O. Box 1926
Rifle, Colorado 81650
Although we deem this information to be reliable, is not to be construed as an abstract of title,
nor an opinion of title, nor a guaranty of title, and the Companies’ liability is limited to the amount paid
for the examination. The effective date of this title analysis is October 29, 2024.
If you have any questions regarding this analysis, please contact me.
Sincerely,
Patrick P. Burwell
Patrick P. Burwell