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HomeMy WebLinkAbout1.2 Supplemental Submittal 12.28.18"E LANDS L? INC, landscape architecture land planning community planning 365 River Bend Way • Glenwood Springs, CO 81601 • Tel 970 927 3690 • landstudio2@comcast.net December 28, 2018 Mr. Patrick Waller, Planner Garfield County Community Development Department 108 8th Street, #401 Glenwood Springs, CO 81601 Re: Flying M Ranch Planned Unit Development and Major Subdivision Preliminary Plan Applications Dear Mr. Waller: The following additional materials are provided for the Flying M Ranch Planned Unit Development and Major Subdivision Preliminary Plan Applications per your request: Property owners within 200' of the Roaring Fork School District parcel (2185-353-00-060). A statement regarding mineral owners on the Roaring Fork School District parcel. 3. An updated Title Commitment for the Roaring Fork School District parcel. We look forward to continued efforts with you, Garfield County Community Development, the Garfield County Planning Commission, and the Garfield County Board of County Commissioners regarding this project. Best regards, THE LAND S -i Ul1O, INC. By: Douglas J. Pratte The Land Studio, Inc. PROPERTY OWNERS WITHIN 200 FEET 2185-353-15-003 2185-354-15-002 Eastbank LLC 710 E. Durant Avenue, Unit W-6 Aspen, CO 81611 2185-353-00-060 Roaring Fork RE -1 School District 1521 Grand Avenue Glenwood Springs, CO 81601 2185-352-00-023 L & Y Jammaron Family LLLP 4915 Highway 82 Glenwood Springs, CO 81601-9622 2185-353-15-001 KW Glenwood Springs LLC P.O. Box 979 Telluride, CO 81435 2185-354-23-007 Blue Heron Properties LLC 1007 Westbank Road Glenwood Springs, CO 81601 2185-353-04-002 Robert Duncan MacGregor 710 East Durant Avenue, Unit W-6 Aspen, CO 81611 2185-354-00-017 James L. Rose P.O. Box 432 Rifle, CO 81650-0432 2185-354-00-059 Roaring Fork Transportation Authority 1340 Main Street Carbondale, CO 81623 2185-354-00-024 Shane & Bruce's LLC 4185 County Road 154 Glenwood Springs, CO 81601 2185-352-00-015 Warehouse Investment Partnership 1111 Dunn Avenue Cheyenne, WY 82001 2185-353-04-002 Robert Duncan Macgregor 710 East Durant Avenue, Unit W-6 Aspen, CO 81611 Colorado Department of Transportation 202 Centennial Drive Glenwood Springs, CO 81601 MINERAL OWNERS Eastbank, LLC 710 E. Durant Avenue, Unit W6 Aspen, CO 81611 George G. Vaught, Jr. Paul L. McCullis P.O. Box 13557 Denver, CO 80201-3557 Union Pacific c/o Property Tax 1400 Douglass, Stop 1640 Omaha, NE 68179-1640 BALCOMB&GREEN WATER LAW f REAL ESTATE 1 LITIGATION 1 BUSINESS EST!! 1953 Chad J. Lee, Esq.* Telephone (970) 945-6546 dee@balcombgreen.com December 28, 2018 Mr. Patrick Waller, Planner Garfield County Community Development Department 108 81" Street, #401 Glenwood Springs, CO 81601 Re: Application for Flying M Ranch Planned Unit Development and Major Subdivision Preliminary Plan Applications Dear Pat: We are writing this letter to you in accordance to your e-mail dated December 21, 2018. This mineral owner research was done for Roaring Fork RE -1 School District's (the "District") parcel number 2185-353- 00-060. The Garfield County Land Use and Development Code require an Applicant to provide notice to mineral owners in accordance with C.R.S. § 24-65.5-101 "as such owners can be identified through records in the office of the Clerk and Recorder or Assessor, or through other means." GCLUDC 4-101(E)(4). Section 24-65.5-101 requires that an applicant notify a mineral estate owner who either (1) is identified as such by the county tax assessor's records; or (2) has filed in the Clerk and Recorder a request for notification. If such records do not identify any mineral estate owners, including their addresses of record, "the applicant shall be deemed to have acted in good faith and shall not be subject to further obligations...." On December 27th we conducted the following tasks: 1. We researched the Garfield County Clerk and Recorder's index of mineral owner requests for notification per C.R.S. 5 24-65.5-101 and confirmed that no mineral owner for the District's property has filed a request for notification; 2. We reviewed an updated title commitment for the District's property and confirmed there are no mineral reservations listed in Schedule B(2); and 3. We spoke with Robin and Casey at the Garfield County Assessor's office. The Assessor's office noted one potential mineral owner account in the vicinity, though we cannot verify that they actually own an interest in the mineral estate under the District's property subject to the Application. In any event, we suggest adding these parties to the noticed parties list out of an abundance of caution: George G. Vaught, Jr. Paul L. McCullis P.O. Box 13557 Denver, CO 80201-3557 This satisfies our obligations under Colorado law and the County's Code. We look forward to working through this application with your office. Sincerely, BALCOMB & GREEN, P.C. Bv: /s/ Chad J. Lee. Esq. Chad J. Lee ASPEN 1 BASALT 1 GLENWOOD SPRINGS 1 LAMAR Post Office Box 790 ! Glenwood Springs, Colorado 81602 I 800.836.5928 1 970.945.6546 BalcombGreen.com IP" Land Title PREVENT FRAUD - Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. Customer Distribution Our Order Number: ABH63012355-3 Date: 12-28-2018 Property Address: PARCEL 1 EASTBANK LOT SPLIT, GLENWOOD SPRINGS, CO 81601 For Title Assistance SUSAN KOPPMAN 5975 GREENWOOD PLAZA BLVD GREENWOOD VILLAGE, CO 80111 303-850-4105 (phone) 303-393-4842 (fax) skoppman@ltgc.com PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS Seller/Owner BALCOMB & GREEN ROARING FORK RE -1 SCHOOL DISTRICT Attention: CHAD LEE, THOMAS HARTERT, BRITT CHOATE Delivered via: Delivered by Attorney PO DRAWER 790 818 COLORADO AVE GLENWOOD SPRINGS, CO 81602 970-945-6546 (work) 970-945-8902 (work fax) clee@balcombgreen.com,brittc@balcombgreen.com,brittc@balcomgreen .com Delivered via: Electronic Mail IF" Land Title GUARANTEE CORdEkNY ----Since 1547.-- Land Title Guarantee Company Estimate of Title Fees Order Number: ABH63012355-3 Date: 12-28-2018 Property Address: PARCEL 1 EASTBANK LOT SPLIT, GLENWOOD SPRINGS, CO 81601 Buyer/Borrower: Seller: ROARING FORK RE-1 SCHOOL DISTRICT Visit Land Title's website at www.Itgc.com for directions to any of our offices. Estimate of Title Insurance Fees TBD Commitment TBD - TBD Income GWS-4968 $211.00 -$211.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Total $0.00 THANK YOU FOR YOUR ORDER! ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: ABH63012355-3 Customer Ref -Loan No.: Property Address: PARCEL 1 EASTBANK LOT SPLIT, GLENWOOD SPRINGS, CO 81601 1. Effective Date: 11-30-2018 at 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "TBD" Commitment $0.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: ROARING FORK RE -1 SCHOOL DISTRICT 5. The Land referred to in this Commitment is described as follows: PARCEL OF LAND LOCATED IN THE SOUTH HALF OF SECTION 35, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE 6TH PRINCIPAL MERIDIAN, LYING NORTHERLY AND EASTERLY OF THE CENTERLINE OF THE ROARING FORK RIVER AND SOUTHWESTERLY OF THE ROARING FORK TRANSPORTATION AUTHORITY RIGHT-OF-WAY AND COLORADO STATE HIGHWAY 82 RIGHT-OF-WAY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 35, A STONE FOUND IN PLACE; THENCE N89°54'27"E ALONG THE NORTHERLY BOUNDARY OF THE SOUTH HALF OF SAID SECTION 35 A DISTANCE OF 914.98 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N89°54'27"E A DISTANCE OF 1,013.14 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY OF THE ROARING FORK TRANSPORTATION AUTHORITY; THENCE ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1,960.08 FEET AND A CENTRAL ANGLE OF 20°07'31", A DISTANCE OF 688.48 FEET (CHORD BEARS S46°16'40"E A DISTANCE OF 684.94 FEET); THENCE CONTINUING ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY S56°20'25"E A DISTANCE OF 324.26 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY OF COLORADO STATE HIGHWAY 82; THENCE CONTINUING ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY S40°59'49"E A DISTANCE OF 157.49 FEET; THENCE DEPARTING SAID SOUTHERLY RIGHT-OF-WAY S49°00'11"W A DISTANCE OF 20.20 FEET; THENCE S62°39'48"W A DISTANCE OF 37.96 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 125.00 FEET AND A CENTRAL ANGLE OF 38°04'57", A DISTANCE OF 83.08 FEET (CHORD BEARS S81°4217"W A DISTANCE OF 81.56 FEET); THENCE N79°15'14"W A DISTANCE OF 29.84 FEET; THENCE N14°58'36"W A DISTANCE OF 142.89 FEET; THENCE N57°37'23"W A DISTANCE OF 149.86 FEET; THENCE S73°43'41"W A DISTANCE OF 277.87 FEET; THENCE N71°45'24"W A DISTANCE OF 84.95 FEET; THENCE S63°33'53"W A DISTANCE OF 128.91 FEET; THENCE S25°32'45"E A DISTANCE OF 127.21 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 280.00 FEET AND A CENTRAL ANGLE OF 13°41'34", A DISTANCE OF 66.92 FEET (CHORD BEARS S32°23'32"E A DISTANCE OF 66.76 FEET); THENCE S39°14'19"E A DISTANCE OF 103.87 FEET; THENCE ALONG THE ARC OFA CURVE TO THE LEFT HAVING A RADIUS OF 180.00 FEET AND A CENTRAL ANGLE OF 45°28'06", A DISTANCE OF 142.84 FEET (CHORD BEARS S61°58'22"E A DISTANCE OF 139.12 FEET); THENCE S84°42'25"E A DISTANCE OF 64.53 FEET; THENCE S58°17'21"W A DISTANCE OF 139.08 FEET; THENCE ALONG THE ARC OFA NON -TANGENT CURVE TO THE RIGHT HAVING A ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: ABH63012355-3 Customer Ref -Loan No.: RADIUS OF 267.79 FEET ANDA CENTRAL ANGLE OF 28°41'44", A DISTANCE OF 134.12 FEET (CHORD BEARS N60°21'04"W A DISTANCE OF 132.72 FEET ); THENCE S49°42'07"W A DISTANCE OF 175.57 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 650.00 FEET AND A CENTRAL ANGLE OF 130°10'09", A DISTANCE OF 1,476.72 FEET (CHORD BEARS N65°12'48"W A DISTANCE OF 1,179.01 FEET); THENCE N00°07'44"W A DISTANCE OF 647.26 FEET TO THE POINT OF BEGINNNING. A/K/A PARCEL 1. EASTBANK LOT SPLIT ACCORDING TO THE PLAT THEREOF RECORDED JUNE 30, 2009 AT RECEPTION NO. 770436 AS AMENDED BY THE EASTBANK, LLC LOT LINE ADJUSTMENT RECORDED JULY 23, 2015 AT RECEPTION NO. 865787 COUNTY OF GARFIELD, STATE OF COLORADO Copyright 2006-2018 American Land Title Association. All Rights Reserved The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: ABH63012355-3 The following are the requirements must be met: This 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. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. 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. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABH63012355-3 This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8. EXISTING LEASES AND TENANCIES, 9. RIGHT OF THE PROPRIETOR OFA 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 CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED MAY 20 1899 IN BOOK 12 AT PAGE 508. 10. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION #97-92 RECORDED OCTOBER 07, 1997 IN BOOK 1037 AT PAGE 381. 11. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF AGREEMENT RECORDED FEBRUARY 02, 2001 IN BOOK 1230 AT PAGE 4T 12. TERMS, CONDITIONS AND PROVISIONS OF AGRICULTURAL ENCROACHMENT LICENSE RECORDED AUGUST 22, 2005 AT RECEPTION NO. 680632. 13. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE MAP OF EASTBANK LOT SPLIT RECORDED JUNE 30, 2009 UNDER RECEPTION NO. 770436. Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABH63012355-3 14. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN ACCESS AND UTILITY EASEMENT AGREEMENT RECORDED JUNE 30, 2009 UNDER RECEPTION NO. 770443. 15. TERMS, CONDITIONS, AND PROVISIONS CONTAINED IN AGREEMENT RECORDED JANUARY 18, 2012, UNDER RECEPTION NO. 813402. 16. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN MEMORANDUM OF 06/PTION AGREEMENT RECORDED JUNE 30, 2009 UNDER RECEPTION NO. 770444. 17. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE MAP OF EASTBANK PARCEL 2 LOT SPLIT RECORDED JANUARY 18, 2012 UNDER RECEPTION NO. 813402 AND EASTBANK, LLC MINOR SUBDIVISION RECORDED SEPTEMBER 8, 2015 AT RECEPTION NO. 867716. 18. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN ACCESS AND UTILITY EASEMENT AGREEMENT RECORDED JANUARY 18, 2012 UNDER RECEPTION NO. 813409. 19. TERMS, CONDITIONS, AND PROVISIONS CONTAINED IN BOUNDARY LINE ADJUSTMENT AFFIDAVIT RECORDED JULY 23, 2015, UNDER RECEPTION NO. 865784. 20. TERMS, CONDITIONS, AND PROVISIONS CONTAINED IN EASTBANK, LLC LOT LINE ADJUSTMENT RECORDED JULY 23, 2015, UNDER RECEPTION NO. 865787. 21. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN EASEMENT AGREEMENT RECORDED JULY 23, 2015 UNDER RECEPTION NO. 865788. 22. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN DECLARATION OF ACCESS EASEMENT RECORDED AUGUST 20, 2015 UNDER RECEPTION NO. 867040 AND 867041. 23. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN EASEMENT TO PUBLIC SERVICE RECORDED OCTOBER 07, 2016 UNDER RECEPTION NO. 886221. 24. TERMS, CONDITIONS AND PROVISIONS OF ORDER OF INCLUSION RECORDED APRIL 4, 2017 AT RECEPTION NO. 890905 Land Tale CJt411.1 11tr COM PLAN Snt t 19 JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company , as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: ► applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; ► your transactions with, or from the services being performed by, us, our affiliates, or others; ► a consumer reporting agency, if such information is provided to us in connection with your transaction; and ► the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non -affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: ► We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. ► We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. ► Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. ► We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. IIFig Land Tule Gi1ANANT t COMPANY LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The Subject real property may be located in a special taxing district. B) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property) C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B-2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un -filed mechanic's and material -men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. Commitment For Title Insurance Issued by OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY NOTICE -k 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, Old republic National Title Insurance Company, A Minnesota 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 Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS (a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues,alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) "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. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) "Title": The estate or interest described in 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, Comitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I—Requirements; [and] (f) Schedule B, Part II—Exceptions[; and (g) a 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 shall not be 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 shall not be 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 will only have liability 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 shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be 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) In any event, the Company's liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (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 and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing [and authenticated by a person authorized by the Company]. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN 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 the purpose of providing closing or settlement services. 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. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option 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 htto:llwwwalta.grg/arbitraliart. Issued by:000000 Land Title Guarantee Company ������ T17�F/'.� 3033 East First Avenue Suite 600 , Denver, Colorado 80206 .n.. A.`Q ¥ * •F 4SG', 303-321-1880 ^ 24' * ifit F'+ a c * fi F g ry ` ,fid` * * * .� bhp` ` Authorized Officer or Agent Old Republic National Title Insurance Company a Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 (612)371-1111 Mark Bilbrey President Rande Yeager Secretary AMERICAN LAND TITLE ASSOCIATION This page is only a part of a 2016 ALTA® Commitment for Title Insurance Old Republic National 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—Exceptionsl; and a counter -signature by the Company or its issuing agent that may be in electronic form] Copyright 2006-2016 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.