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HomeMy WebLinkAbout1.0 ApplicationLUTTRELL VARIANCE APPLICATION 24 County Road 111 (Prince Creek Rd.) Garfield County, Colorado November 2020 SECTION 1 Application Forms & Related Documents Land Use Change Permit Application Permit Form Payment Agreement Form Application Team Letter of Authorization Pre-Application Conference Summary PROJECT TEAM Owner/Owner Paul Luttrell and Maureen A. O’Brien 71 Crestone Way New Castle, CO 81647 Surveying Lines in Space 67 Glenwood Avenue Carbondale, CO 81623 970.963.3852 Planning/Coordination Mark Chain Mark Chain Consulting, LLC 811 Garfield Avenue Carbondale, CO 81623 970.963.0385 (office) 970.309.3655 (cell) mchain@sopris.net Site Planning Confluence Architecture and Sustainability 515 Crystal Circle Carbondale, CO 81623 970.963.9720 office angela@confluencearchitecture.com 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: 2463-034-00-049 PRE-APP DATE: April 9, 2020 PROJECT: Luttrell Setback Variance OWNER: Paul & Maureen Luttrell PRACTICAL LOCATION: 24-000074 111 COUNTY RD CARBONDALE 81623 ZONING: R - Rural COMPREHENSIVE PLAN: Carbondale Urban Growth Area TYPE OF APPLICATION: Variance to Setback Requirements I. GENERAL PROJECT DESCRIPTION The applicant is requesting a variance to the setback requirements for a 0.21 acre (9,147 sq. ft.) parcel which is currently zoned Rural. The Rural zone dimensional requirements are: - Front Yard on Arterial = 50’ & on Local 25’ - Rear Yard = 25’ - Side Yard = 10’ - Max. Lot Coverage = 15% (1,372 sq. ft.) - Minimum lot size = 2 acres The parcel was created by deed in June of 1968. The parcel is non-conforming to lot size. The parcel is a double frontage (corner) lot, with frontage onto Hwy 133, an arterial road requiring a 50’ setback and County Road 111 (aka Prince Creek Road), a local road requiring a 25’ setback. The lot configuration is somewhat oddly shaped. This shape, combined with the front yard setbacks, makes locating a building that meets the setback requirements problematic. 2 Historic aerial photos indicate that a trailer had been located on the property and used as a residence. This was a non-conforming use. At some point in the recent past this trailer was removed. A septic system, for use by the trailer, is still on the site. The owners have obtained a recent survey, verifying the lot boundaries and adjacent improvements such as Hwy 133, bike path and access easement. A graphic has been provided illustrating the required setbacks and the buildable area of the parcel. From this graphic the owners have evaluated a variety of placement options. They have concluded that a reasonable building site within the limitations of the standard setbacks does not exist. The owners have not, at this point, defined exactly what variance they will be seeking. The Community Development Department staff have had several meetings with the owners, potential construction contractors and a planning consultant. In each of these meetings the owners have presented numerous options and potential requests. Staff has emphasized the need to comply with the variance review criteria contained in Section 4-115.C.1-6. of the Land Use & Development Code (LU&DC). The owners indicated that they might want to pursue a phased approach to the development of the site, starting with a “tiny home” and then adding a typical house later. Staff suggested that the owner consider their long-term plans when requesting a variance. A variance request is acted upon by the Garfield County Board of Adjustment (BOA). The BOA meets infrequently, and the owner should contact the staff to discuss future public hearing dates. II. REGULATORY PROVISIONS AND PROCESS REQUIRED The following Sections of the Garfield Land Use and Development Code as amended apply to the proposed Application: • Section 1-203. Board of Adjustment • Section 4-115. Variance • Table 4-102 Common Review Procedures and Required Notice • Table 4-201 Submittal Requirements • Article 7, Divisions 1, 2, 3, and 4 as applicable III. BOARD OF ADJUSTMENT REVIEW PROCESS The review process shall follow the steps contained in Table 4-102. IV. SUBMITTAL REQUIREMENTS – KEY TOPICS As a convenience, outlined below is a list of information typically required for this type of application: 3 General Application Materials Completed application form (attached) Completed payment agreement form (attached) Trust Certification Letter from an attorney certifying that the attorney reviewed the trust, the date the trust was created, which state it was created in, current trustees and that the trust is still in effect. Proof of Ownership (title work and deed) and information on any lien holders for both parcels Names and mailing addresses of property owners within 200 ft. of the property (attached) Mineral rights ownership including mailing address (see attached form and memo). A narrative describing the request, justification of compliance to variance criteria contained in Section 4-115 LU&DC and related information. Copy of the pre-application summary Site Plan The request should be consistent with all applicable provisions of Article 7 in the LUDC. Any other supporting information indicating that the change is consistent with underlying zoning and previous property history. The Application submittal needs to include 3 hard copies of the entire Application and 1 Digital PDF Copy of the entire Application (on a CD or USB Stick). Both the paper and digital copies should be split into individual sections. Please refer to the pre-application summary for submittal requirements that are appropriate for your Application. V. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: ___ Director Decision with notice ___ Planning Commission ___ Board of County Commissioners _X_ Board of Adjustment c. Referral Agencies: May include Garfield County Road and Bridge, Fire Protection District, Garfield County Designated Engineer, Division of Water Resources, Garfield County Vegetation Management, Aspen Valley Land Trust VI. APPLICATION REVIEW FEES a. Planning Review Fees: $ 250.00 b. Referral Agency Fees: $ TBD – consulting engineer/civil engineer fees c. Total Deposit: $ 250.00 (additional hours are billed at $40.50 /hour) 4 VII. GENERAL APPLICATION PROCESSING The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically for review by the public. Proprietary information can be redacted from documents prior to submittal. PRE-APPLICATION SUMMARY PREPARED BY: April 8, 2020 Vincent Hooper, PMP Planner III Date 5 Section 2 Introductory Information and Background Background Information and Narrative Variance Review Criteria - Compliance Article 7 (as applicable) Location Map Survey Potential Building Envelope Development Option/Site Plan FRONT YARD SETBACK VARIANCE REQUEST PARCEL OWNED BY PAUL LUTTRELL & MAUREEN O’BRIEN SECTION 2 – INTRODUCTORY INFORMATION AND BACKGROUND Parcel #: 2463-034-00-049 Zoning: Rural “R” Application Date: September 2020 TYPE OF APPLICATION: Paul Luttrell and Maureen O’Brien hereby submit an application for Front Yard Setback Variance for property located on the north side of County Road 111 and just east of SH 133 in the vicinity of the south Corporate limits of the Town of Carbondale. Present access to the property is from CR 111 (Prince Creek Road). We are submitting all application materials identified in Tables 4-102 (Common Review and Required Notice), Table 4-201 (Submittal Requirements) of the Garfield County Land Use and Development Code (LUDC) and noted in the Preapplication conference. The application materials include the following: • Application forms and fees • Vicinity Map • Site Plan w/ Development Option • Narrative Request and Related Information • Justification of Compliance with variance criteria outlined in Section 4-115 of the LUDC. • Title Commitment and Proof of Ownership • Names and addresses of Property Owners within 200 ft. • Comments on Mineral Rights Holders • Copies of Assessor’s Mapping showing adjacent properties • Letter identifying Representative • Copy of Preapplication Summary • Information demonstrating Compliance with Article 7, Divisions 1 -4 as applicable. • Miscellaneous o Letter from Town of Carbondale regarding domestic water service I. INTRODUCTION AND BACKGROUND Subject property is owned by Paul Luttrell and Maureen O’Brien. The property is nonconforming in terms of size – at 0.21 acres for the Rural “R” Zone district. This property is a legally created lot and was created in 1968 by deed (Reception # 241067- attached in Section C – miscellaneous documents). The owners of an approximately 4.84 acres at that time were Fred and Dorothy Holgate. The Holgate’s deeded the subject property to their daughter Etta and her husband Charles. They installed an 8-foot-wide mobile home and lived on the site. Etta and Charles inherited and eventually moved into the main house on that property. The mobile home was then rented out for many years. Paul Luttrell was originally working with at Etta Holgate in 2017 to subdivide the adjacent property where she lives into two separate lots. They eventually withdrew that application and Etta eventually sold the subject property (adjacent lot to where Etta lives) to Paul and Maureen. As the mobile home had been vacant for a few years and was in rundown condition, they removed the mobile home with the intention of replacing it with a modular or other structure in the future. We have come to that point in time to deal with construction or placement of the new residents Lot B is planned to be transferred to the ownership of Paul Luttrell. The area that would become this lot is presently vacant. There is a building site along the Southeast portion of this proposed lot. It is presently used as a horse pasture and is irrigated. The rest of the area that would become this lot is hillside characterized pinon, juniper and associated tree species, a ditch lateral which provides irrigation water to the entire subject parcel and a small area of irrigated pasture on the North. A phone line runs through the subject parcel and an easement has been created for this as part of the draft Minor Subdivision Plat. We are considering moving the telephone line slightly to the north. They Location Map is attached. The property lies adjacent to the 4.63 acre Etta Holgate property which borders it on the north and east, the former Term bowl Ranch property to the south and open space to the West owned by the Town of Carbondale (Nuche Park - part of River Valley Ranch). Surrounding Zoning North: “R” Rural Zone District West: Town of Carbondale: PUD/Open Space (River Valley Ranch) South: “R” Rural Zone District East R” Rural Zone District Surrounding Land Use North: Irrigated Hay Field Single-Family Detached Residential plus 1 Church West: Open Space (Town) - which lies west of SH 133 South: Agriculture/Ranch East: Rural Residential SITE DESCRIPTION The site is a 0.21 acre parcel located generally at the northeast intersection of County Road 111 and State Highway 133. The site is presently vacant, though it previously had located on it a 8 foot wide mobile home that was bought in in the late 1960s or early 1970s. That structure was removed in 2018. The property is relatively flat. The soils are composed of the alluvial soils that are characteristic of those in the Crystal and roaring Fork Valley in and immediately outside of the Town of Carbondale. Majority the vegetation is composed of bluegrass and other native grasses. There is a elm tree at the northwest corner of the site. The property has historically been accessed from the South – Prince Creek Road. The property has been fenced for many years though some of the existing lengths of fence are not precisely on the property line. There is an access easement west of the property that appears to be located on the CDOT right-of-way. This access easement serves two single-family residential properties to the north. West of the access easement is the Rockford ditch and the Crystal Valley Bike path which was built and maintained by RFTA. This particular CDOT right-of-way is for State Highway 133. SH 133 is two lanes in this area. We had the surveyor locate the edge of State Highway pavement as well as the RFTA bike path, ditch and the access easement driving surface (see survey-attached). Property Constraints The primary property constraints is the parcel size. The subject property 0.21 acres in size while the minimum lot size in the Rural “R” Zone District is 2.0 acres. This property is considered a pre-existing, nonconforming parcel. As one would guess, any parcel that is 0.21 acres in size with the normal dimensional requirements (setbacks) in the Rural Zone District would have some issues related to finding a satisfactory building envelope. The property is also compromised by the fact that the West property boundary is adjacent to a State Highway right-of-way. Standard front yard setback for an arterial street is 50 feet. The final factor constraining a lot is that this is a corner lot and therefore has two front yard setbacks. The southern boundary is adjacent to County Road 111. While this is considered a local Street, that setback is still 25 feet. Dimensional criteria for the R Zone district is noted below. DIMENSIONAL CRITERIA Zone District Min Lot Area Max Lot coverage Front Local Front Arterial Rear Side RURAL 2.0 Ac 15% 25 ft 50 ft 25 ft 10 ft What do these constraints and standard dimensional criteria yield?? An unbuildable lot. A simple sketch placing the standard Rural Zone Districts dimensional standards on the improvement survey yields a building envelope which cannot accommodate a standard structure, even a modular home. Besides being unusable, it is not in a favorable location. It is pushed to the northeast corner of the property and is relatively close to a rental house on the adjacent parcel. II. RESPONSES TO SECTION 4-115 C. 1-6 REVIEW CRITERIA FOR VARIANCES C. Review Criteria The following standards shall be satisfied for approval of a request for variance from specific regulatory provisions of this code. 1. Special Circumstances or Conditions Exist. One or more the following circumstances or conditions exist with respect to the specific property: a. Exceptional narrowness, shallowness, or shape of the property at the time of the enactment of the regulation in question; Response: The exceptional condition is lot size, which leads to a relatively narrow lot where the setbacks dominate and provide little opportunity for a standard building envelope. The property is approximately 9,150 SF plus/minus. Moreover, it was created by deed in 1968 prior to any zoning or subdivision regulations being in place for Garfield County b. Exceptional topographic conditions of the property; and Response: NA c. Other extraordinary and exceptional situations or conditions of the property. Response: A regulation which exacerbates the pre-existing, nonconforming lot size is the fact that the property is a corner lot and therefore as a double, front yard setback. Finally, one of the rights-of- way is an arterial – State Highway 133. The setback adjacent to an arterial road is 50 feet. 2. Not a Result of the Actions of Applicant. The special circumstances and conditions have not resulted from any act of the applicant. Response: The current owners/applicant did not cause the special circumstance and/or condition. The property was created by deed within a family in 1968, prior to any County Land Use regulations being in effect. 3. Strict Application Consequence. Because of the special circumstances and conditions found pursuant to Section 4 – 115.C.1., the strict application of the regulation would result in peculiar and exceptional, practical difficulties to or exceptional an undue hardship on, the owner of the property. Response. Without granting a variance to modify the building envelope, standard dimensional setback criteria in the Rural “R” Zone District would prevent construction of a modest single-family detached home – the goal of the owner. 4. Variances Necessary for Relief. The granting of the variance from the strict application of the provisions set forth in this code is necessary to relieve the owner of the peculiar and exceptional, practical difficulties or exceptional an undue hardship. Response. Without a variance, strict application of the setback/dimensional criteria would prevent practical use of the property. 5. Not Detrimental to the Public Good. Granting the variance will not cause substantial detriment to the public good. Response. Granting of the variance will not cause any detriment to the public good. In fact, granting the variance will allow a modest single-family home to be built on property that has been used for residential purposes since 1968. This is actually preserving the concept of the public good - allowing owners to use their property in a manner that is appropriate and meets all other dimensional criteria of the R Zone District 6. Variance Will Not Impair the County’s Zoning. Granting the variance will not substantially impair the intent and purpose of this code. Response. Granting of the variance will not impair the intent and purpose of the code. The variance will ensure that the counties goals of reasonable development occurring in places where adequate infrastructure presently exists. Note: LOT COVERAGE. The maximum lot coverage for the subject parcel is 15%. The development plan as shown would yield a project with 17.8% lot coverage. The plan we are showing is a concept plan with a reasonable single- family home, a small area for expansion, moderate deck and a moderate garage. The applicants at this time do not have a specific building to place on the site. They have discussed a modular home, a tiny home and even moving a house that Paul is part owner of within the Town Limits of Carbondale. They will not know their options at least for a few months – they just knew that whatever of the above options they chose they needed a variance at a minimum from the front yard setback. it would appear that almost any option which would include a moderate garage, unless it was a tiny home, would also require a variance from lot coverage. We think it reasonable to ask the Board of Adjustment to have staff allow a building permit in the future that would allow a lot coverage slightly higher than what is prescribed by code. Perhaps up to as much as 20%. The responses to the variance review criteria would be virtually identical to what has been written related to the front yard setback. We can return but thought it may be best to discuss that with staff and the Board of Adjustment at this time. If you wish, we can expand the application but it is difficult without knowing a precise building footprint. Thank you for your consideration. Supplementary Material Lot Coverage Request – 25% coverage in Rural Zone District Narrative Request Lot Coverage Spreadsheet Responses to Variance Criteria SUPPLEMENTARY MATERIAL LOT COVERAGE DISCUSSION/REQUEST: LUTTRELL – O’BRIEN PROPERTY County Community Development is asked for additional comments and clarification of the comments and request related to lot coverage for the property. County regulations per LUDC (Table 3-201) note maximum lot coverage for the subject parcel as 15%. The proposed site plan, though reasonable in scope exceeds that minimum. The development plan as shown would yield a project with approximately 18% lot coverage. The attached spreadsheet shows the individual site development items (such as garage, house etc.), proposed dimensions and total area. As one can see, these individual components are fairly reasonable. An example is the garage – which is shown as a total of 384 ft.². Yet this is not even a two-car garage. It is a one car garage with a small storage option. A typical two-car garage with the small area for a workshop could be 600 ft.² or slightly larger. Options are endless. One could keep the garage as proposed yet have a slightly larger house or outbuilding etc. The development options as shown are reasonable and these are not outsized development options as one may see on large lots or higher end subdivisions. Therefore, we are requesting a maximum lot coverage of up to 25% for this property. We think by showing the development options as proposed that these are appropriate options and that someone could request something slightly larger. If these development components were on a lot that complied with minimum lot size for the R Rural District they would be well under the lot coverage requirements specified in the LUDC and we would not be having this discussion. We feel we have demonstrated compliance with the spirit and objectives of the LUCD. We are providing point by point comments on the review criteria for a variance from lot coverage requirements. The spreadsheet showing the individual components are reasonable and by some standards relatively small. In other words, even this modest site plan exceeds the minimum lot coverage. Therefore, we are asking to exceed the maximum lot coverage for this particular lot up to 25%. We feel this is reasonable and appropriate. We’ll be happy to discuss this issue and development options with staff and the Adjustment is the land use application proceeds through the County variance process. ITEM DIMENSION (FT.)TOTAL % COVERAGE Garage 16 X 24 384 4.18% House 36 X 26 936 10.20% Deck 20 X 10 200 2.18% Out Building 16 X 12 192 2.09% TOTAL 1712 18.65% Notes 1. Lot is 0.21 Ac. or approx 9180 SF 2. 25% Lot Coverage is 2,295 SF 3. Larger but modest 2-car garage of 24x24 yields Lot Coverage of 20.7% LUTTRELL-O'BRIEN LOT COVEAGE ESTIMATES LUTTRELL - O’BRIEN LOT COVERAGE ELEMENT RESPONSES TO SECTION 4-115 C. 1-6 REVIEW CRITERIA FOR VARIANCES C. Review Criteria The following standards shall be satisfied for approval of a request for variance from specific regulatory provisions of this code. 1. Special Circumstances or Conditions Exist. One or more the following circumstances or conditions exist with respect to the specific property: a. Exceptional narrowness, shallowness, or shape of the property at the time of the enactment of the regulation in question; Response: The exceptional condition is lot size, which results in a small lot area; The property is 0.21 acres in size by survey and is approximately 9,150 SF =/-. We have been using a lot size of 9180 ft.² as that is how the property computes by specific measurements taken from the DWG drawing. Please note, the property was created by deed in 1968 prior to any zoning or subdivision regulations being in place for Garfield County b. Exceptional topographic conditions of the property; and Response: NA c. Other extraordinary and exceptional situations or conditions of the property. Response: The great disparity between the property size (0.21 acres) and the minimum lot size in the underlying zone district (2.0 acres is minimum lot size in R Rural Zone District). 2. Not a Result of the Actions of Applicant. The special circumstances and conditions have not resulted from any act of the applicant. Response: The current owners/applicant did not cause the special circumstance and/or condition. Minimum lot sizes for the various zone districts in Garfield County were originally created via the 1973 County Zoning Resolution 3. Strict Application Consequence. Because of the special circumstances and conditions found pursuant to Section 4 – 115.C.1., the strict application of the regulation would result in peculiar and exceptional, practical difficulties to or exceptional an undue hardship on, the owner of the property. Response. Without granting a variance to modify the lot coverage minimum, the owner may not be able to build a moderately sized house along with such normal accessory items as a large 2 car garage incorporating a small workshop. 4. Variances Necessary for Relief. The granting of the variance from the strict application of the provisions set forth in this code is necessary to relieve the owner of the peculiar and exceptional, practical difficulties or exceptional an undue hardship. Response. Without a variance, strict application of the lot coverage maximum may prevent reasonably sized structures on the property.. 5. Not Detrimental to the Public Good. Granting the variance will not cause substantial detriment to the public good. Response. Granting of the variance will not cause any detriment to the public good. In fact, granting the variance will allow a modest single-family home to be built on property that has been used for residential purposes since 1968. This is actually preserving the concept of the public good - allowing owners to use their property in a manner that is appropriate and meets all other dimensional criteria of the R Zone District 6. Variance Will Not Impair the County’s Zoning. Granting the variance will not substantially impair the intent and purpose of this code. Response. Granting of the variance will not impair the intent and purpose of the code. The variance will ensure that the counties goals of reasonable development occurring in places where adequate infrastructure presently exists. Garfield County, CO Luttrell Loca tion Ma p Variance C reated by: C hain Developed by Account Number R084087 Par cel Number 246303400049 Acr es 0 Land SqFt 0 T ax Ar ea 009 2019 Mill Levy 76.1730 Physical Addr ess 24 111 C OUNTY RD C ARBONDALE 81623 Owner Addr ess L UTTREL L, PAUL D & OBRIEN, MAUREEN A 71 C RESTONE WAY NEW C ASTL E C O 81647 2019 Total Actual Value $108,000 L ast 2 Sales Date Pr ice 5/14/2018 $85,000 6/4/2009 $0 Date created: 8/3/2020 Last Data Uploa ded: 8/3/2020 2:05:21 AM 806 ft Overvi ew Legend Parcels Roa ds Parcel/Account Number s Highw ays Limited Access Highwa y Major Road Loca l Roa d Minor Road Other Road Ra mp Ferry Pedestria n Way Owner Na me Lakes & River s County Boundar y Line C:\General CADD 8\Gxd\paullutt.gxd -- 09/30/2019 -- 09:13 AM -- Scale 1 : 120.000 WATER VALVEWATER METERSEWER PIPEEXISTING TREE TO REMAINUNDERGROUND SEPTICTANK TO BE ABANDONEDR-O-W FENCEBUILDABLE AREA WITH CODE SETBACKS:-FRONT YARD ON ARTERIAL = 50'-FRONT YARD ON LOCAL = 25'-REAR YARD = 25'-SIDE YARD = 10'-POTENTIAL LOT COVERAGE = 1199/ 9180 = 13% < 15%PROPOSED BUILDABLE AREA :-FRONT YARD ON ARTERIAL = 10'-FRONT YARD ON LOCAL = 25'-REAR YARD = 25'-SIDE YARD = 10'-POTENTIAL LOT COVERAGE = 3973 / 9180 = 41.3% > 15%-SHOWN LOT COVERAGE = 1640 / 9180 = 17.8%10'-0"GARAGE(16'X24')HOME(36'X26')EXISTINGDRIVEWAYNEW SEPTIC TANKNEW SEPTIC FIELDPORCH(20'X10')OUTBUILDING(16'X12')A1.0SITE PLANSite Plan File: Luttrell Site Plan 3 Print date: Friday, August 14, 2020 9:16:39 AM Print Date:8.14.2020File: Luttrell Site Plan3Corner of Highway 133 and Prince Creek Road 24-000074 111 County Road Parcel # 2463-034-00-049 Carbondale, Garfield County, Colorado The Luttrell Site COPYRIGHTSIP set III. COMPLIANCE WITH ARTICLE 7, DIVISIONS 1 – 4 The following section of this application addresses compliance with the criteria and standards of Article 7, Divisions 1-4of the Garfield County Land Use and Development Code. Responses to each criterion are in “italics”. Where standards don’t apply, NA or reason for non-applicability will be stated. DIVISION 1 GENERAL APPROVAL STANDARDS FOR LAND USE CHANGE PERMITS Section 7-101 Compliance with Zone District Use Restrictions. Response: Development of the property with the single- family detached unit as shown on the conceptual site plan indicates that nearly all of the “R” Rural Zone District dimensional criteria can the met. As noted throughout the application, it is extremely difficult to comply with the 2 front yard setback standards for this pre-existing, nonconforming lot to lot size. Parcel is 0.21 acres in size. Therefore, there is a request for a variance. Section 7-102 Compliance with Comprehensive Plan and Intergovernmental Agreements Response: The parcel is located within the Carbondale Urban Growth Boundary. The parcel is also located on the Carbondale Future Land Use map as being within the Town’s phase 1 Annexation Area. This Phase 1 Annexation Area is encouraged for annexation in the near-term future. We did have a discussion with the Town of Carbondale regarding a possible Annexation for this small property in conjunction with the 4.5 acre parcel adjacent to the west in 2017. However this was not practical because in order for annexation to occur this particular property would be required to extend the Town’s Wastewater Main in this area from the Roaring Fork High school to the subject site, a distance of more than ¼ mile. This would be impractical to extend the town sewer main such a long distance for no other reason than to provide service to 1 lot. Section 7-103 Compatibility Response: The nature, scale and intensity of the proposed uses are compatible with adjacent land uses. The proposed structure will be relatively modest and will meet all development standards with the exception of the front yard setback for an Arterial Street (SH 133). The structure will be larger than the previously existing 8-foot-wide mobile home, but meets County site coverage requirements with the exception of the front yard setback noted above. Section 7-104 Sufficient Legal and Physical Source of Water Response: There is both a sufficient Physical and Legal source of water for the project. This lot previously obtained domestic water from the Town of Carbondale Municipal water system. A letter noting that the tap is still available and the town is willing to serve is included in the application. Section 7-106 Public Utilities Response: Adequate public utilities are available. Xcel has served the site in the past and will continue to serve the property. The applicants will apply for an OWTS. Section 7-107 Access and Roadways Response: No new public roads are being provided. The lot will continue to have access to Prince Creek Road. The property is also adjacent to State Highway 133 but no direct access is proposed. Section 7-108 Use of Land Subject to Natural Hazards Response: No significant natural hazards are known for the property. The property is not in the Crystal River Floodplain. There are no known areas of mud flow, radiation, snow/avalanche or landslides etc. A Geotech Engineer has analyzed the soils related do septic suitability in the past – there was a proposal for a Minor Subdivision for the adjacent property in 2017. Section 7-109 Fire Protection Response: Wildfire Hazards are low or “Not Rated” for the subject property according to the County Risk Assessment Maps. DIVISION 2 GENERAL RESOURCE PROTECTION STANDARDS FOR LAND USE CHANGE PERMITS Resource Protection Standards apply to all proposed land- use changes, unless specifically exempted. Section 7-201 Protection of Agricultural Lands A. No Adverse Effect to Agricultural Operations. Response: There should be no adverse effect. There is a field to the north that has been the location for hay production in the past but that has not occurred for the last few years. The former Turnbull Property to the south will continue to be an agricultural property. Development of this lot should not affect this property either as it has been ranched historically and there were no conflicts in years past – back to the original development of the property in I believe 1968. B. Domestic Animal Controls. Response: Domestic animals will be kept under control of the owner as necessary. C. Roads Response: No public roads are being constructed. D. Ditches No adverse affect on Ag Lands: The ditch to the west of the subject property is not on property owned by the applicant and will not be touched. Section 7-203 Protection of Water bodies Response: There are no bodies of water on the subject property. Section 7-206 Wildfire Hazards Response: The subject property is listed as being in a low or non-rated wildfire hazard area. Section 7-207 Natural and Geologic Hazards Response: No significant natural or geologic hazards were identified in a background review for the subject site and the adjoining property to the east as part of a previous subdivision. Section 7-208 Reclamation Response: The development will comply with the standards outlined in Section 7-208 B of the LUDC. Site disturbance will be relatively minimal. Any disturbance will be reclaimed and re-vegetated with native grasses. Efforts will be made to keep disturb lands weed free. DIVISION 3 SITE PLANNING AND DEVELOPMENT STANDARDS Response. The standards in this section apply to any land use change and all uses, including divisions of land and PUD’s. Single-family dwelling units are exempt. Please note that parking will be provided per LUDC standards. Any lighting will also comply with County guidelines. DIVISION 4. SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS The following standards apply to all divisions of land unless elsewhere in this Code a division of land is explicitly exempt from 1 or more standards. Response: The land Use Application is not a division of land. Please note that the applicants intend to comply with any County regulations or requirements related to domestic animals and fireplaces. It is our understanding that since this property was previously developed with a mobile home since late 1960s it may not be subject to fees in lieu of land dedication to the RE-1 school district and road impact fees. If this comment is in error, the applicants will comply with School District and Road Impact Fees. Section 3 Miscellaneous Documents Statement on Municipal Water Connection Title Commitment (linked title Commitment to be e-mailed to staff planner) Property Deeds List of Property Owners within 200 Ft. Mineral Rights Owners & Comments TOWN OF CARBONDALE 511 Colorado Avenue Carbondale, CO 81623 www.carbondalegov.org (970) 963-2733 Fax: (970) 963-9140 May 14, 2020 Mark Chain Mark Chain Consulting 811 Garfield Ave. Carbondale CO 81623 RE: Letter for Service 24 County Road 111, Carbondale CO. 81623 Mark, The Town of Carbondale Utility Department serves water from the Town of Carbondale water system to the address 24 County Rd. 111 Carbondale CO. The property is currently owned by Paul Luttrell. If you have any questions regarding this matter, please contact Mark O’Meara at 970-510- 1351. Thank you, Mark O’Meara Mark O'Meara momeara@carbondaleco.net Utility Director Town of Carbondale Office 970-510-1351 cc: Janet Buck, Community Development, Town of Carbondale Paul Luttrell, Owner via e-mail pluttrell@carbondalefire.org 1620 Grand Avenue Bldg Main Floor 1 Glenwood Springs, CO 81601 Phone: 970-945-1169 Fax: 844-269-2759 www.titlecorockies.com Commitment Ordered By: Mark Chain Mark Chain email: mchain@sopris.net Inquiries should be directed to: Mary Scheurich Title Company of the Rockies 1620 Grand Avenue Bldg Main Floor 1 Glenwood Springs, CO 81601 Phone: 970-945-1169 Fax: 844-269-2759 Commitment Number:TBD 0602810 - C Buyer's Name(s):Paul D. Luttrell and Maureen A. O'Brien Seller's Name(s): Property:24 County Road 111, Carbondale, CO 81623 Section: 3 Township: 8 Range: 88, County of Garfield, State of Colorado. TITLE CHARGES These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges related thereto. If applicable, the designation of “Buyer” and “Seller” shown below may be based on traditional settlement practices in Garfield County, Colorado, and/or certain terms of any contract, or other information provided with the Application for Title Insurance. Owner’s Policy Premium: Loan Policy Premium: Additional Lender Charge(s): Additional Other Charge(s): Tax Certificate: Total Endorsement Charge(s): TBD Charge(s): TOTAL CHARGES: $0.00 $0.00 $250.00 $250.00 Service Beyond Expectation in Colorado for: Eagle, Garfield, Grand, Pitkin and Summit Counties. (Limited Coverage: Jackson, Lake, Park and Routt Counties) Locations In: Avon/Beaver Creek, Basalt, Breckenridge, Grand Lake and Winter Park. (Closing Services available in Aspen and Glenwood Springs). CM-2 (ALTA Commitment for Title Insurance (6-17-06)(WLTIC Edition (9/26/07) ALTA Commitment For Title Insurance (Adopted 06-17-06) (Revised 08-01-2016) COMMITMENT FOR TITLE INSURANCE ISSUED BY WESTCOR 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, WESTCOR LAND TITLE INSURANCE COMPANY, a South Carolina Corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I-Requirements have not been met within six (6) months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed and by these presents to be signed in facsimile under authority of its by-laws, effective as of the date of Commitment shown in Schedule A. Issued By: WESTCOR LAND TITLE INSURANCE COMPANY The Title Company of the Rockies 1620 Grand Avenue Bldg Main, Floor 1 Glenwood Springs, CO 81601 Phone: 970-945-1169 CONDITIONS The term mortgage, when used herein, shall include deed of trust, trust deed, or other1. security instrument. If the proposed Insured has or acquired actual knowledge of any defect, lien,2. encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. Liability of the Company under this Commitment shall be only to the named proposed3. Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. This Commitment is a contract to issue one or more title insurance policies and is not4. an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. The policy to be issued contains an arbitration clause. All arbitrable matters when5. the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< http://www.alta.org/>. W estcor Land Title Insurance Company Joint Notice of Privacy Policy of Westcor Land Title Insurance Company and The Title Company of the Rockies Westcor Land Title Insurance Company (“WLTIC”) and The Title Company of the Rockies value their customers and are committed to protecting the privacy of personal information. In keeping with that philosophy, we each have developed a Privacy Policy, set out below, that will endure the continued protection of your nonpublic personal information and inform you about the measures WLTIC and The Title Company of the Rockies take to safeguard that information. This notice is issued jointly as a means of paperwork reduction and is not intended to create a joint privacy policy. Each company's privacy policy is separately instituted, executed, and maintained. Who is Covered We provide our Privacy Policy to each customer when they purchase a WLTIC title insurance policy. Generally, this means that the Privacy Policy is provided to the customer at the closing of the real estate transaction. Information Collected In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic personal information directly from the customer, from customer-related transactions, or from third parties such as our title insurance agent, lenders, appraisers, surveyors and other similar entities. Access to Information Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform their jobs. These employees include, but are not limited to, those in departments such as closing, legal, underwriting, claims and administration and accounting. Information Sharing Generally, neither WLTIC nor The Title Company of the Rockies shares nonpublic personal information that it collects with anyone other than those individuals necessary needed to complete the real estate settlement services and issue its title insurance policy as requested by the consumer. WLTIC or The Title Company of the Rockies may share nonpublic personal information as permitted by law with entities with whom WLTIC or The Title Company of the Rockies has a joint marketing agreement. Entities with whom WLTIC or The Title Company of the Rockies have a joint marketing agreement have agreed to protect the privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as WLTIC and The Title Company of the Rockies use to protect this information and to use the information for lawful purposes. WLTIC or The Title Company of the Rockies , however, may share information as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud. Information Security WLTIC and The Title Company of the Rockies, at all times, strive to maintain the confidentiality and integrity of the personal information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural safeguards in compliance with federal standards to protect that information. The WLTIC Privacy Policy can be found on WLTIC's website at www.wltic.com COMMITMENT FOR TITLE INSURANCE Issued by as agent for Westcor Land Title Insurance Company SCHEDULE A Reference:Commitment Number: TBD 0602810 - C 1.Effective Date: August 21, 2020, 7:00 am Issue Date: September 01, 2020 2.Policy (or Policies) to be issued: ALTA Owner's Policy (6-17-06)Policy Amount:Amount to be Determined Premium:Amount to be Determined Proposed Insured:To Be Determined 3.The estate or interest in the land described or referred to in this Commitment is Fee Simple. 4.The Title is, at the Commitment Date, vested in: Paul D. Luttrell and Maureen A. O'Brien 5.The land referred to in this Commitment is described as follows: FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE For Informational Purposes Only - APN: R084087 Countersigned The Title Company of the Rockies By: Susan Sarver This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. 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. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule A Page 1 Commitment No: TBD 0602810 - C SCHEDULE A (continued) LEGAL DESCRIPTION The Land referred to herein is located in the County of Garfield, State of Colorado, and described as follows: A tract of land situated in Lots 18 and 19 of Section 3 and Lots 1 and 2 of Section 10, all in Township 8 South, Range 88 West of the 6th Principal Meridian, lying Northerly of a county road as constructed and in place and Easterly of a road and ditch easement as constructed and in place described as follows: Beginning at a point on the Northerly line of said County Road whence a rock set in place and properly marked for the Corner common to Sections 2, 3, 10 and 11 in said Township and Range bears N. 88 °58'49" E. 1013.17 feet; thence N. 77 °26'00" W. 52.12 feet along the Northerly line of said County road; thence N. 17 °13'00" W. 71.87 feet along said road easement; thence N. 10 °53'20" W. 43.87 feet along said road easement; thence N. 88 °39'53" E. 54.11 feet; thence S. 61 °24'07" E. 66.85 feet; thence S. 19 °32'12" E. 34.58 feet; thence N. 82 °08'11" W. 40.56 feet; thence S. 02 °58'25" W. 65.27 feet to a point on the Northerly line of said county road, the point of beginning. For each policy to be issued as identified in Schedule A, Item 2, the Company shall not be liable under this commitment until it receives a specific designation of a Proposed Insured, and has revised this commitment identifying that Proposed Insured by name. As provided in Commitment Condition 4, the Company may amend this commitment to add, among other things, additional exceptions or requirements after the designation of the Proposed Insured. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. 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. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule A Page 2 Commitment No: TBD 0602810 - C COMMITMENT FOR TITLE INSURANCE Issued by Westcor Land Title Insurance Company SCHEDULE B, PART I Requirements The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the effective date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the clerk and recorded of the county in which said property is located. All of the following Requirements must be met: 1.The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2.Pay the agreed amount for the estate or interest to be insured. 3.Pay the premiums, fees, and charges for the Policy to the Company. 4.Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. NOTE: Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. Deed from Paul D. Luttrell and Maureen A. O'Brien to TBD.5. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288-CRA 39-14-102. NOTE: EXCEPTION NO. 5 UNDER SCHEDULE B, SECTION 2 OF THIS COMMITMENT WILL NOT APPEAR IN THE POLICY OR POLICIES TO BE ISSUED PURSUANT HERETO, PROVIDED THAT (A) THE DOCUMENTS CONTEMPLATED BY THE REQUIREMENTS SET FORTH IN SCHEDULE B, SECTION 1 OF THIS COMMITMENT ARE SUBMITTED TO AND APPROVED AND RECORDED BY THE COMPANY OR ITS DULY AUTHORIZED AGENT, AND (B) AN EXAMINATION OF THE RECORDS IN THE OFFICE OF THE This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. 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. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part I Page 3 Commitment No: TBD 0602810 - C CLERK AND RECORDER FOR GARFIELD COUNTY, COLORADO BY THE COMPANY OR ITS DULY AUTHORIZED AGENT DISCLOSES THAT NO DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS HAVE BEEN RECORDED IN SUCH RECORDS SUBSEQUENT TO THE EFFECTIVE DATE HEREOF. 24-month Chain of Title: The only conveyance(s) affecting said land recorded within the 24 months preceding the date of this commitment is (are) as follows: WARRANTY DEED recorded May 15, 2018 as Reception No. 906740. NOTE: If no conveyances were found in that 24 month period, the last recorded conveyance is reported. If the subject land is a lot in a subdivision plat less than 24 months old, only the conveyances subsequent to the plat are reported. THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GARFIELD COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF INSURANCE. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. 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. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part I - continued Page 4 Commitment No: TBD 0602810 - C SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. Any loss or damage, including attorney fees, by reason of the matters shown below: Any facts, right, interests, or claims which are not shown by the Public Records but which could1. be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. Easements or claims of easements, not shown by the Public Records.2. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title3. that would be disclosed by an accurate and complete land survey of the Land. 4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the Public Records or attaching subsequent to the effective date hereof, but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. Right of the Proprietor of a vein or lode to extract and remove his ore therefrom, should the same7. be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded January 11, 1893 in Book 12 at Page 205 and May 29, 1901 in Book 12 at Page 565. Right of way for ditches or canals constructed by the authority of the United States, as reserved in8. United States Patent recorded May 29, 1901 in Book 12 at Page 565. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. 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. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part II Page 5 Commitment No: TBD 0602810 - C Any and all water and water rights, reservoir and reservoir rights, ditches and ditch rights, and the9. enlargements and extensions thereof, and all laterals, flumes and headgates used in connection therewith. Easement and right of way for ingress and egress purposes, as granted by Charles R Holgate and10. Etta L. Holgate to Henry L. & Kathryn W. Ortiz, by instrument recorded August 16, 2002 at Reception No. 609059, said easement being more particularly described therein. Easement and right of way for ingress and egress purposes, as granted by Charles R Holgate and11. Etta L. Holgate to Charles F. Brenner and Sharon A. Brenner, by instrument recorded November 20, 2007 at Reception No. 737665, said easement being more particularly described therein. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. 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. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part II - continued Page 6 Commitment No: TBD 0602810 - C DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, requires that "Every Title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the Title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed.” (Gap Protection) Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: The Land described in Schedule A of this commitment must be a single-family residence, which includes1. a condominium or townhouse unit. No labor or materials may have been furnished by mechanics or materialmen for purpose of construction2. on the Land described in Schedule A of this Commitment within the past 13 months. The Company must receive an appropriate affidavit indemnifying the Company against unfiled3. mechanic's and materialmen's liens. Any deviation from conditions A though C above is subject to such additional requirements or4. Information as the Company may deem necessary, or, at its option, the Company may refuse to delete the exception. Payment of the premium for said coverage.5. Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.: The subject real property may be located in a special taxing district;(i) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or(ii) the County Treasurer's authorized agent; and Information regarding special districts and the boundaries of such districts may be obtained from the(iii) County Commissioners, the County Clerk and Recorder, or the County Assessor. Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident withholding). Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given: (a)If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate then there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property, and (b)That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note 6: Effective September 1, 1997, C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch the clerk and recorder may refuse to record or file any document that does not conform. Note 7: Our Privacy Policy: We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. Note 8: Records: Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not less than seven (7) years, except as otherwise permitted by law. Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that “A title entity shall not earn interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be made at any time up to and including closing.” Page 7 Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such purpose(s). Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that “Until a title entity receives written instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with the following: The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a1. fiduciary capacity. The title entity shall use any funds designated as “earnest money” for the consummation of the transaction2. as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise provided in this section. If the transaction does not close, the title entity shall: Release the earnest money funds as directed by written instructions signed by both the buyer and(a) seller; or If acceptable written instructions are not received, uncontested funds shall be held by the title entity(b) for 180 days from the scheduled date of closing, after which the title entity shall return said funds to the payor. In the event of any controversy regarding the funds held by the title entity (notwithstanding any3. termination of the contract), the title entity shall not be required to take any action unless and until such controversy is resolved. At its option and discretion, the title entity may: Await any proceeding; or(a) Interplead all parties and deposit such funds into a court of competent jurisdiction, and recover court(b) costs and reasonable attorney and legal fees; or Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons(c) and complaint or claim (between buyer and seller), containing the case number of the lawsuit or lawsuits, within 120 days of the title entity's written notice delivered to the parties, title entity shall return the funds to the depositing party.” Page 8 Commitment No: TBD 0602810 - C Title Company of the Rockies Disclosures All documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of atleast one inch and a left, right and bottom margin of at least one half of an inch. The Clerk and Recorder will refuseto record or file any document that does not conform to the requirements of this section. Pursuant to C.R.S.30-10-406(3)(a). The company will not issue its policy or policies of title insurance contemplated by this commitment until it hasbeen provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or theCounty Treasurer's authorized agent: or until the Proposed Insured has notified or instructed the company in writingto the contrary. Pursuant to C.R.S. 10-11-122. No person or entity that provides closing and settlement services for a real estate transaction shall disburse funds asa part of such services until those funds have been received and are available for immediate withdrawals as a matterof right. Pursuant to C.R.S. 38-35-125(2). The Company hereby notifies the proposed buyer in the current transaction that there may be recorded evidence thatthe mineral estate, or portion thereof, has been severed, leased, or otherwise conveyed from the surface estate. If so,there is a substantial likelihood that a third party holds some or all interest in the oil, gas, other minerals, orgeothermal energy in the subject property. Such mineral estate may include the right to enter and use the propertywithout the surface owner's permission. Pursuant to C.R.S. 10-11-123. If this transaction includes a sale of property and the sales price exceeds $100,000.00, the seller must comply withthe disclosure/withholding requirements of said section. (Nonresident withholding) Pursuant to C.R.S. 39-22-604.5. Notice is hereby given that: The subject property may be located in a special taxing district. A Certificate of Taxesdue listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer'sauthorized agent. Information regarding special districts and the boundaries of such districts may be obtained fromthe Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Pursuant to C.R.S.10-11-122. Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulation 8-1-2; "Gap Protection" -When this Company conducts the closing and is responsible for recording or filing the legaldocuments resulting from the transaction, the Company shall be responsible for all matters which appear on therecord prior to such time or recording or filing; and "Mechanic's Lien Protection" - If you are the buyer of a single family residence, you may request mechanic'slien coverage to be issued on your policy of Insurance. If the property being purchased has not been the subjectof construction, improvements or repairs in the last six months prior to the date of this commitment, therequirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity bythe seller. If the property being purchased was constructed, improved or repaired within six months prior to the date of this commitment the requirements may involve disclosure of certain financial information, payment of premiums, and indemnity, among others. The general requirements stated above are subject to revision and approval by the Company. Pursuant to C.R.S. 10-11-122. Notice is hereby given that an ALTA Closing Protection Letter is available, upon request, to certain parties to the transaction as noted in the title commitment. Pursuant to Colorado Division of Insurance Regulation 8-1. Nothing herein contained will be deemed to obligate the Company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Page 9 Parcel Physical Address Owner Account Num Mailing Address 246303400025 24-000074 111 COUNTY RD CARBONDALE HOLGATE, ETTA L R090045 PO BOX 441 CARBONDALE, CO 81623-0441 246303400049 24-000074 111 COUNTY RD CARBONDALE LUTTRELL, PAUL D & OBRIEN, MAUREEN R084087 71 CRESTONE WAY NEW CASTLE, CO 81647 246303410006 Not available CARBONDALE CARBONDALE, TOWN OF R450037 511 COLORADO AVENUE CARBONDALE, CO 81623-2104 246310100090 111 COUNTY RD CARBONDALE FOUR BAR RANCH CO, LTD R082681 PO BOX 686 CARBONDALE, CO 81623-0686 ROW Not available null MINERAL RIGHTS The planner for the project researched mineral rights. No mineral rights leases or agreements were noted on the title commitment. When the adjacent parcel was examined, we found an Oil and Gas Lease was entered into between Fred and Dorothy Holgate and Francis M. Christensen by an agreement dated May 26, 1960. This agreement was recorded on July 21, 1960 at Reception No. 210338. The subject parcel was part of the adjacent property in 1960, before the deed which created this parcel as a separate piece was recorded in 1968. This lease includes land that may have been part of the property that was eventually transferred to Charles and Etta Holgate (previous owners). Mr. Christensen assigned a number of leases to Pan-American Petroleum Corporation on June 27, 1960. However, none of the legal descriptions indicated any land in the sections and lots that are owned by Etta Holgate, Paul Luttrell or Maureen O’Brien. A search of County records did not show Mr. Christensen assigning any other leases to other groups or individuals that included the sections and lots owned by Etta Holgate. Therefore, it appears that the mineral rights for this property were not transferred by lease to another property. The lease between Christensen and the Holgates does have some sections that indicate termination. Paragraph 5 says the lease shall terminate if drilling for a well for oil and gas is not commenced within one year or certain other actions are taken, a one year extension to commence drilling can be obtained. Paragraph 17 says that notwithstanding anything in the lease to the contrary, it shall terminate three years from its date unless there are commenced operations for drilling of a well for oil and gas at a location within 4 miles from the corner common to Township 7 and 8 S., ranges 87 and 88 W. of the Sixth P.M. We are not aware of any extension or agreement for extension or actions taken under paragraph # 5; at least nothing was recorded. And we are not aware of any drilling or commencement of drilling within 4 miles from the corner noted in the above paragraph. Therefore, we believe that the mineral rights stayed with the property. The deeds show the mineral rights were not severed in the transfer from Fred and Dorothy Holgate to Charles and Etta Holgate or in the transfer from Etta Holgate to Paul Luttrell and Maureen O’Brien. Therefore, it is our opinion that Paul and Maureen still own the mineral rights. A Certification of Mineral Rights Researched is attached.