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Home My WebLink About1.00 General Application MaterialsAMENDED FINAL PLAT BOUNDARY LINE ADJUSTMENT Garfield County Colorado Parcel ID: 217904400670 and 217904100627 235 CR 236 Silt, CO 81652 Prepared November 10, 2022 Prepared By: Claire M. Noone, Esq. The Noone Law Firm, P.C. 1001 Grand Avenue Glenwood Springs, CO 81601 (970)945-4500 Prepared For: Michael and Carrie Lyon 235 CR 236 Silt, CO 81652 (970) 274-3449 TABLE OF CONTENTS A.Preapplication Summary………………………………Page 3 B.Part I. Amended Final Plat Application………………Page 7 C.The Application Form…………………………….……Page 8 D.Payment Agreement Form……………………….……Page 10 E.Narrative Description…………………………….……Page 11 F.Proof of Ownership……………………………….……Page 12 G.Title Commitment……………………………..……..…Page 18 H.Statement of Authority…………………………....……Page 34 I.Letter of Authorization………………………...………Page 35 J.Property Owners within 200 ft. …………………….…Page 36 K.Mineral Ownership Form………………………………Page 37 L.Vicinity Map…………………………………………….Page 38 M.Proposed Amended Plat………………………….…..…Page 39 N.Roadway Easement………………………..……………Page 41 O.Part II. Boundary Line Adjustment Application..……Page 50 P.Letter of Explanation………………………….………..Page 51 Q.Boundary Line Adjustment with Exhibit……….….….Page 52 R.Quit Claim Deed of Transfer………………………..….Page 55 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: 217904400670 and 217904100627 DATE: 7/22/2022 PROJECT: Amended Final Plat Antlers Orchard Development Tract 36 OWNERS: Michael and Carrie Lyon CONTACT/REPRESENTATIVE: Britt Kelly PRACTICAL LOCATION: 235 CR 236 Silt Co TYPE OF APPLICATION: Administrative Review Amended Final Plat ZONING: Rural COMPREHENSIVE PLAN: MH Silt UGA I. GENERAL PROJECT DESCRIPTION The applicant wishes to move the northern property line approximately 230 feet north to consolidate improvements onto a single parcel. The southern parcel (217904400670) is part of the Antler’s Orchard Development (AOD) subdivision from 1908. The northern parcel is unplatted. As such, this application will need to be done in conjunction with a boundary line adjustment with the Garfield County Assessor’s Office. Casey Lawrence participated in the preapplication meeting and is the point of contact for that process. General application materials include both Statement of Authority for Lyon Land and Cattle LLC as well as a Letter of Authorization showing that all land owners authorize whoever signs the application to sign on their behalf. A list of owners of record for all property within 200 feet both parcels as well as mineral rights owners will need to be included in the application. These parties will receive notice. All submittal requirements are listed below. The application needs to demonstrate that it will not create any nonconforming conditions in regards to zoning standards and maintain compliance with Article 7 Standards. II. COMPREHENSIVE PLAN 2 The application is within Silt’s UGA and its comprehensive plan will be referenced in the review of the application. III. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The following Sections of the Garfield Land Use and Development Code as amended apply to the Application: ➢ Section 5-305 – Amended Final Plat Review and Review Criteria ➢ Table 5-103 Common Review Procedures and Required Notice ➢ Table 5-401 Submittal Requirements ➢ Section 5-402 Description of Submittal Requirements including requirements for a Final Plat ➢ Section 4-103 Administrative Review and Section 4-101 Common Review Procedures ➢ Article 7, Divisions 1, 2, 3, and 4 as applicable IV. SUBMITTAL REQUIREMENTS Three physical copies of the application and one digital copy of the application are required at the time of submittal. As a convenience outlined below is a list of information typically required for this type of application. Table 5-401 Application Submittal Requirements outlines the specific application submittal criteria. The following list can function as a checklist for your submittal .  General Application Materials including o The Application Form (signed) o Payment of Fees and signed Payment Agreement Form (see attached) o A narrative describing the request and related information o Proof of ownership (Deed) o Title Commitment o A Statement of Authority is required for any property owned by an LLC or other entity o A Letter of Authorization if an owner intends to have a representative complete the Application and processing o Names and mailing addresses of property owners within 200 ft. of the subject property from Assessor’s Office Records o Mineral rights ownership for the subject property including mailing address and/or statement on mineral rights research (see attached) o A copy of the Preapplication Summary o Vicinity Map  The Proposed Amended Final Plat according to 5-402.F. Final Plat including all required certificates (signature blocks).  If there are improvements on the property, improvement location information/survey information shall be provided to confirm that no non-conforming conditions will result from the amended plat 3  The Application should include a statement that the amendment will not result in any changes to drainage, access, utility services, and any other applicable Subdivision and Article 7 topics Community Development Staff is available to meet with the Applicant to provide additional information and clarification on any of the submittal requirements and waiver requests. V. REVIEW PROCESS 4 Call-Up for review by the Board in accordance with the procedures and review process contained in Section 4-112. Staff will review the application for completeness. The application will be forwarded to referral agencies for additional technical comments. Staff will create a report based on the application and referral comments for the Director. Public Hearing(s): X No Public Hearing, Directors Decision (with notice per code) Planning Commission Board of County Commissioners Board of Adjustment Referral Agencies: May include but is not limited to: Garfield County Surveyor, Garfield County Attorney, Garfield County Building Department, Garfield Road and Bridge, Garfield County Consulting Engineer, Homeowners Association, Fire District. VI. APPLICATION REVIEW FEES Planning Review Fees: $100 Referral Agency Fees: $na Total Deposit: $100(additional hours are billed at hourly rate of $40.50) 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: 7/22/2022 Philip Berry, Planner III Date PART I AMENDED FINAL PLAT APPLICATION Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION Minor Subdivision Preliminary Plan Amendment Major Subdivision Final Plat Amendment Sketch Preliminary Final Common Interest Community Subdivision Conservation Subdivision Public/County Road Split Exemption Yield Sketch Preliminary Final Rural Land Development Exemption Time Extension Basic Correction Exemption INVOLVED PARTIES Owner/Applicant Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ Representative (Authorization Required) Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ PROJECT NAME AND LOCATION Project Name: _____________________________________________________________________________________ : ___ ___ ___ ___ - ___ ___ ___ - ___ ___ - ___ ___ ___ Physical/Street Address: ________________________________________________________________ Legal Description: ______________________________________________________________________ _____________________________________________________________________________________ Zone District: ___________________________________ Property Size (acres): __________________ Project Description Existing Use: __________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Proposed Use (From Use Table 3-403): _____________________________________________________ Description of Project: __________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Proposed Development Area Land Use Type # of Lots # of Units Acreage Parking Single Family Duplex Multi-Family Commercial Industrial Open Space Other Total REQUEST FOR WAIVERS Submission Requirements The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: ______________________________ Section: _________________________________ Section: ______________________________ Section: _________________________________ Waiver of Standards The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: ______________________________ Section: _________________________________ Section: ______________________________ Section: _________________________________ I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. ______________________________________________________ __________________________ Signature of Property Owner Date OFFICIAL USE ONLY File Number: __ __ __ __ - __ __ __ __ Fee Paid: $_____________________________ PAYMENT AGREEMENT FORM GARFIELD COUNTY (“COUNTY”) and Property Owner (“APPLICANT”) ______ ____ ______________________________________________________________________ agree as follows: 1. The Applicant has submitted to the County an application for the following Project: __________________. 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person:_____________________________________ Phone: (_____)___________________ Billing Contact Address: ___________________________________________________________________ City: ______________________________________________ State: _______ Zip Code: ________________ Billing Contact Email: _____________________________________________________________________ Printed Name of Person Authorized to Sign: ___________________________________________________ ______ ________________________________ (Signature) (Date) NARRATIVE AMENDED FINAL PLAT ANTLERS ORCHARD DEVELOPMENT TRACT 36 GARFIELD COUNTY, COLORADO This is a combined Amended Final Plat and Boundary Line Adjustment in which the northern property line of Parcel No. 217904400670, will move the northern property line approximately 230 feet north into Parcel No. 217904100627, to consolidate improvements onto a single parcel The southern parcel (Parcel No. (217904400670) is part of the Antlers Orchard Development (AOD) subdivision. The northern parcel (Parcel No. 217904100627) is unplatted. As such, this application is submitted in conjunction with a Boundary Line Adjustment with the Garfield County Assessor’s’ Office. Lyon Land and Cattle, owners of the northern parcel and Michael and Carrie Lyon, owners of the southern parcel have agreed to a boundary line adjustment between their properties using an existing fence line as the new boundary line. This adjustment will give Michael and Carrie Lyon an additional 3.49 acres of existing pastureland and improvements. This amendment will not result in any changes to drainage, access, utility services, and any other applicable Subdivision and Article 7 topics. An amended plat will represent the boundary line changes to the southern parcel (Parcel No. (217904400670) as well as the northern parcel (Parcel No. 217904100627). A Roadway Easement, included herein, establishes access to the improvements incorporated into Parcel No. 217904400670. Please do not hesitate to contact me with any questions regarding this project, Claire Noone The Noone Law Firm 1001 Grand Ave, Suite 207 Glenwood Springs, CO 81601 noonecm@gmail.com 1111111 11111 llllll lllll 11111 111111 11111 Ill 11111 1111 1111 574934 01/16/2001 10:53A B1227 P67 M ALSDORF 1 of 2 R 10.00 D 0.00 GARFIELD COUNTY CO T ·�I lj QUIT CLAIM DEED THlS DEED, Made this 8th day of January LYON LAND AND CATTLE, LLC 2001 . between I IfI i1of the said County of GARFIELD and State of COLORADO . gramor, and MICHAEL K. LYON AND CARRIES. LYON, AS JOINT TENANTS I 11"t-::7'l �,----4��Ji whose legal address is 0235 COUNTY ROAD 236 SILT, CO 81652 of the said County of GARFIELD and State of COLORADO , grantee: WITNESS, that the grantor, for and in consideration of the sum of TEN & 00/100 DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has remised, released, ,old, conveyed, and QUIT CLAIMED, and by these presents, do remise, release, sell, convey and Quit Claim unto the grantee, his heirs. successors and assigns, forever, all the right, title, interest. claim and demand which the grantor has in and to the real property, together with improvements, if any. situate, lying and being in the said County of GARFIELD and State of Colorauo descnbed as follows: SEE EXHIBIT "A" asknownbystreetandnumberas: 0235 COUNTY ROAD 236, SILT, CO 81652 TO HAVE AND TO HOLD the same. together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, nght, title, interest and claim whatsoever, of the grantor, either in law or equity, to the only proper use, benefit and behoof of the gramee, his heirs and assigns forever. The singular number shall include the plural, the plural and the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. LYON LAND AND CATTLE, LLC Attest: 11 1· I IiI Il1 1; I/ l1 1·r11I Ii I i .I l.1I/11 11l111I IIil1/· i1 I11 I .Iate of COLORADO '1 � )ss. I/ Fl!�c\ GARFIELD ) ···:! -":.i.. \ ':,, C:"-f J-1 ---r. /J / 1' i-, �1$\'ll!I msrrumen, was acknowledged before me th,s ) day of '-..) R·n UCl-1 ll, (>'l..0. 1. ,\ fiYiLYON AS MANAGER OF LYON LAND AND CATTLE, LLC / :1 � :i i i1:...)i Pu�\.,�/ g_!l1 �,;r-. ..-�... !1' r,.;�-�-�cOi�nussmn expires I Z/ b/ 2.oo<..f Witness my hand and official seal I' II ,I 11 1i L========�==�====-=======:==7'==n===r=====g10 File No. 01000019 Stewart Title or Glenwood Springs, Inc. 0 ..... 1 • -_, ~ •• rn 1' Chu.e.0 / .. l •er)')ID ,,No 933 QUIT CLAIM DEED !Corporation) f'\k'...."'tW\.I\ .0 I 1 I � Rev.9197 0170$ (?. R. a�c.oSL l + I C-o 3 lla59- SCHEDULE A Order Number: 01000019 LEGAL DESCRIPTION A TRACT OP LAND SITUATBD IN THB' NW1/4S111/4 OP SB'CTION 4, TOWNSHIP 6 SOUTH, RANGJf 9:l DST OF 'l'1lZ 6TH P.11., COUNTY OP GARFIBLD, STATB OP COLORADO, SAID TRACT OF LAND BBING TRACT 3 6 OP 'l'Hll ANTLB'RS ORCHARD DJIWLO.P.MBNT COIIPANY PLAT NO. l AND BEING MORE .PARTICULARLY DESCRIBED BY NJl'l'BS AND BOUNDS AS FOLLOWS: (BEARINGS AS RECITBD IN THIS DESCRIPTION ARB BASBD UllON TRB 1!lAST/,nlST CENTERLINE OP SAID SECTION 4 AS BBARING S.89 °43'2:l•E • .IIIONt1lllBNT�TION ,017.Nl) IN 'l'HB FIBLD AT TRB 111.B'ST 1/4 CORNBR IS A STANDARD 1lONf1JIBNT AND BRASS CAP, .PLS 14060 AND A'l' THE BAST 1/4 CORNBR IS AN ORIGINAL STONB HONr111BNT.} BEGINNING AT A POINT PROM WHICH THB WB'ST 1/4 CO.RNBR OP SAID SJfCTION 4 B.BARS N.89 °43'2:J•Pf. 2644.00 FIIB'T, SAID DST 1/4 CORNBR BBING AN IRON PIPJf WI'l'B A BRASS CAP, PLS 14060; THBN S.89 °43':J2•1f. 656.85 PBBT; THBN S.00 °l0':J7•w. 656.41 PBBT; THEN N.89 °47':l9•w. 657.51 FDT; THEN N.00 °13'54•.B'. 654.38 PBBT TO THB POINT OP BJfGINNING. COUNTY OF GARFIELD STATE OP COLORADO 111 1111 11111 11111111111 11111 11111111111 Ill 1111111 11 1111 574134 01/16/2001 10:53A B1227 PSS" ALSDORF 2 of 2 R 10.00 D 0.00 GARFIELD COUNTY CO This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. ALTA Commitment for Title Insurance 8-1-16 Copyright 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 ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Commonwealth Land Title Insurance Company, a Florida Corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 180 days after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS (a) “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. Title Commitment for: Michael K. Lyon and Carrie S. Lyon This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. ALTA Commitment for Title Insurance 8-1-16 Copyright 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. 2.If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end. 3.The Company’s liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I—Requirements; and (f) Schedule B, Part II—Exceptions; and (g) a 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 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. ALTA Commitment for Title Insurance 8-1-16 Copyright 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. 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 to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org/arbitration. Countersigned: Patrick P. Burwell Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, CO 81650 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. ALTA Commitment for Title Insurance 8-1-16 Copyright 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. Transaction Identification Data for reference only: Issuing Agent: Commonwealth Title Company of Garfield County, Inc. Issuing Office: 127 East 5th Street, Rifle, CO 81650 ALTA® Universal ID: 1038730 Loan ID Number: Issuing Office File Number: 2021-02-52 Commitment Number: 2021-02-52 Revision Number: Property Address: 235 County Road 236, Silt, CO 81652 SCHEDULE A 1. Commitment Date: 10/11/2022 at 8:00 AM 2. Policy to be issued: (a) ALTA Homeowner's Policy $ PROPOSED INSURED: (b) ALTA Expanded Coverage Residential Loan Policy $ PROPOSED INSURED: 3. The estate or interest in the Land described or referred to in this Commitment is: fee simple. 4. Title to the fee simple estate or interest in the Land is at the Commitment Date vested in: Michael K. Lyon and Carrie S. Lyon 5. The Land is described as follows: Property description set forth in “Exhibit A” attached hereto and made a part hereof. COMMONWEALTH LAND TITLE INSURANCE COMPANY By: Patrick P. Burwell, License #: 153719 Authorized Signatory This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. ALTA Commitment for Title Insurance 8-1-16 Copyright 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. SCHEDULE B, PART I Requirements All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company as set forth below: Informational Commitment: $550.00 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. 5. -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. -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 is an informational only commitment and no policy will be issued hereunder. -Receipt of satisfactory Improvement Survey Plat certified to the Company (i) prepared from an on-the- ground inspection by a registered land surveyor licensed in the State of Colorado; (ii) currently dated, showing the location of the Property and all improvements, fences, easements, roads, rights-of-way and encroachments or other matters identified in Schedule B - Section 2 of this Commitment, to the extent such matters are capable of being shown, (iii) containing a legal description of the boundaries of the Property by metes and bounds or other appropriate legal description; and (iv) meeting the criteria of Colorado Revised Statute 38-51-102(9), as amended, for an Improvement Survey Plat. 6. Execution of a Final Affidavit and Agreement indemnifying the Company against unfiled mechanic's and materialmen's liens. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. ALTA Commitment for Title Insurance 8-1-16 Copyright 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. 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. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage of area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attached, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I—Requirements are met. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded on June 6, 1892 as Instrument #14090 in the official records 10. Right of way for ditches and canals in place and in use. 11. Oil, gas and mineral lease recorded on June 23, 2010 as Instrument #787665 in the official records and any and all interests therein or assignments thereof. 12. Lack of a right of access to and from the land. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. ALTA Commitment for Title Insurance 8-1-16 Copyright 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. EXHIBIT A Property Description Issuing Office File No.: 2021-02-52 A TRACT OF LAND SITUATED IN THE NW1/4SE1/4 OF SECTION 4, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO, SAID TRACT OF LAND BEING TRACT 36 OF THE ANTLERS ORCHARD DEVELOPMENT COMPANY PLAT NO. 1 AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: (BEARINGS AS RECITED IN THIS DESCRIPTION ARE BASED UPON THE EAST/WEST CENTERLINE OF SAID SECTION 4 AS BEARING S.89°43’22'E. MONUMENTATION FOUND IN THE FIELD AT THE WEST 1/4 CORNER IS A STANDARD MONUMENT AND BRASS CAP, PLS 14060 AND AT THE EAST 1/4 CORNER IS AN ORIGINAL STONE MONUMENT.) BEGINNING AT A POINT FROM WHICH THE WEST 1/4 CORNER OF SAID SECTION 4 BEARS N.89°43’22'W. 2644.00 FEET, SAID WEST 1/4 CORNER BEING AN IRON PIPE WITH A BRASS CAP, PLS 14060; THEN S.89°43’22"E. 656.85 FEET; THEN S.00°10’27"W. 656.41 FEET; THEN N.89°47’29"W. 657.51 FEET; THEN N.00°13’54"E. 654.38 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. ALTA Commitment for Title Insurance 8-1-16 Copyright 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 ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Commonwealth Land Title Insurance Company, a Florida Corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 180 days after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS (a) “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. Title Commitment for: Lyon Land and Cattle, LLC This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. ALTA Commitment for Title Insurance 8-1-16 Copyright 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. 2.If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end. 3.The Company’s liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I—Requirements; and (f) Schedule B, Part II—Exceptions; and (g) a 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 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. ALTA Commitment for Title Insurance 8-1-16 Copyright 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. 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 to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org/arbitration. Countersigned: Patrick P. Burwell Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, CO 81650 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. ALTA Commitment for Title Insurance 8-1-16 Copyright 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. Transaction Identification Data for reference only: Issuing Agent: Commonwealth Title Company of Garfield County, Inc. Issuing Office: 127 East 5th Street, Rifle, CO 81650 ALTA® Universal ID: 1038730 Loan ID Number: Issuing Office File Number: 2021-02-54 Commitment Number: 2021-02-54 Revision Number: Property Address: 187 County Road 236, Silt, CO 81652 SCHEDULE A 1. Commitment Date: 10/11/2022 at 8:00 AM 2. Policy to be issued: (a) ALTA Homeowner's Policy $ PROPOSED INSURED: (b) ALTA Expanded Coverage Residential Loan Policy $ PROPOSED INSURED: 3. The estate or interest in the Land described or referred to in this Commitment is: fee simple. 4. Title to the fee simple estate or interest in the Land is at the Commitment Date vested in: Lyon Land and Cattle LLC, a Colorado limited liability company 5. The Land is described as follows: Property description set forth in “Exhibit A” attached hereto and made a part hereof. COMMONWEALTH LAND TITLE INSURANCE COMPANY By: Patrick P. Burwell, License #: 153719 Authorized Signatory This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. ALTA Commitment for Title Insurance 8-1-16 Copyright 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. SCHEDULE B, PART I Requirements All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company as set forth below: Informational Commitment: $550.00 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. 5. -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. -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 is an informational only commitment and no policy will be issued hereunder. -Receipt of satisfactory Improvement Survey Plat certified to the Company (i) prepared from an on-the- ground inspection by a registered land surveyor licensed in the State of Colorado; (ii) currently dated, showing the location of the Property and all improvements, fences, easements, roads, rights-of-way and encroachments or other matters identified in Schedule B - Section 2 of this Commitment, to the extent such matters are capable of being shown, (iii) containing a legal description of the boundaries of the Property by metes and bounds or other appropriate legal description; and (iv) meeting the criteria of Colorado Revised Statute 38-51-102(9), as amended, for an Improvement Survey Plat. 6. Per Statement of Authority recorded on January 17, 2022 as Instrument #972267 in the official records the person(s) authorized to execute instruments conveying, encumbering or otherwise affecting title to real property are Clois Kelly Lyon, Maager ad Member and Michael K. Lyon, Manager and Member on behalf of Lyon Land and Cattle Company, LLC. 7. Execution of a Final Affidavit and Agreement indemnifying the Company against unfiled mechanic's and materialmen's liens. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. ALTA Commitment for Title Insurance 8-1-16 Copyright 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. 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. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage of area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attached, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I—Requirements are met. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded on June 6, 1892 as Instrument #14090 in the official records 10. Easements, rights of way, plat notes and all matters described and set forth on the Plat recorded on September 18, 1908 as Instrument #37488 in the official records 11. Right of way for County Road No. 236 and County Road No. 229. 12. Right of way for ditches and canals in place and in use. 13. Terms, conditions and all matters set forth in Agreement recorded on January 12, 2009 as Instrument #761379 in the official records This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. ALTA Commitment for Title Insurance 8-1-16 Copyright 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. 14. Oil, gas and mineral lease recordedon June 23, 2010 as Instrument #787668 in the official records .pdf) and any and all interests therein or assignments thereof. 15. Overlaps and fenceline encroachments disclosed in Survey prepared by SurvCo, Inc. as contained in Warranty Deed recorded on December 1, 1999 as Instrument #555982 in the official records 16. Easements, rights of way, plat notes and all matters described and set forth on the Plat recorded on August 16, 2021 as Instrument #961556 in the official records 17. Easement and right of way as described in document recorded on December 29, 2021 as Instrument #968947 in the official records 18. Conveyance of mineral rights more fully described in Deed recorded on February 22, 2022 as Instrument #971242 in the official records and any and all interests therein or assignments thereof. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. ALTA Commitment for Title Insurance 8-1-16 Copyright 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. EXHIBIT A Property Description Issuing Office File No.: 2021-02-54 A tract of land being described as the South 11.19 acres of Government Lot 2, the SW1/4NE1/4, the NE1/4SW1/4 (being Tracts 37, 38, 43 and 44 of the Antlers Orchard Development Company Plat No. 1) that portion of the NW1/4SE1/4 (being Tracts 35 and 36 of the Antlers Orchard Development Company Plat No. 1 and Tracts 45 and 46 as shown on the amended plat of Tracts 45, 46, 51, 52, 61 and 62 of the Antlers Orchard Development Company Plat No. 1 as filed for record under Reception No. 363933) and that part of the SW1/4SE1/4 lying northerly of the northerly right of way line as shown on said amended plat, that portion of the SE1/4SW1/4 lying northerly of the centerline of County Road No. 236 and that portion of the NW1/4SW1/4 (being portions of Tracts 39, 41 and 42 of the Antlers Orchard Development Company Plat No. 1) lying southeasterly of that certain gulch centerline running through said NW1/4SW1/4 in a southwesterly direction and being described by metes and bounds in that certain document recorded in Book 516 at Page 442, all of said tract of land being situated in Section 4, Township 6 South, Range 92 West of the 6th P.M., County of Garfield, State of Colorado; said tract of land being described by metes and bounds as follows: (All bearings as recited in this description are based upon the East/West centerline of said Section 4 as bearing North 89°43’22" West monumentation found at the West 1/4 corner is a brass cap and iron pipe, PLS NO. 14060 and the East 1/4 corner is an original stone monument properly marked and found in place.) Beginning at the center 1/4 corner of said Section 4, said center 1/4 corner being a No. 6 rebar with a 3" aluminum cap, PLS NO. 27613; Then North 00°13’54" East along the West line of said SW1/4NEl/4 a distance of 1322.63 feet to the Southwest corner of said Lot 2; Then North 00°13’54" East along the West line of said Lot 2 a distance of 375.89 feet; Then South 88°48’53" East along a fence line and said fence line as extended easterly a distance of 1312.34 feet to the East line of said Lot 2; Then South 00°10’43" West along said East line 353.23 feet to the Southeast corner of said Lot 2; Then South 00°10’43" West along the East line of said SW1/4NE1/4 a distance of 1324.50 feet to the Southeast corner of said SW1/4NE1/4; Then South 00°06’58" West along the East line of said NW1/4SE1/4 a distance of 1239.47 feet to the northerly right of way of County Road No. 236 as shown and dedicated on said amended plat; Then North 88°26’14" West along said right of way a distance of 857.56 feet; Then continuing along said right of way 260.30 feet along the arc of a curve to the left having a radius of 455.86 feet, a central angle of 32°43’00” and a chord which bears South 75°12’16" West 256.78 feet; Then continuing along said right of way South 58°50’46" West a distance of 60.93 feet; Then continuing along said right of way 174.71 feet along the arc of a curve to the right having a radius of 702.57 feet, a central angle of 14°14’53" and a chord which bears South 65°58’13" West 174.26 feet to the East line of said SE1/4SW1/4; Then South 00°13'54" West along said East line 20.75 feet to the center of County Road No. 236 as located by survey in October 1999; Then along said centerline 41.96 feet along the arc of a curve to the right having a radius of 963.90 feet, a central angle of 02°29’40" and a chord which bears South 72°51’17" West 41.96 feet; Then continuing along said centerline South 74°06’07" West a distance of 1332.34 feet to the West line of said SE1/4SW1/4; Then North 00°09’58" East along said West line a distance of 483.22 feet to the Northwest corner of said SE1/4SW1/4; Then North 89°51’09" West along the South line of said NW1/4SW1/4 a distance of 1138.80 feet to a point on said South line; This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. ALTA Commitment for Title Insurance 8-1-16 Copyright 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. Then along the centerline of said gulch the following courses and distances as recited in document recorded in Book 516 at Page 442: (Courses have been rotated to conform with the basis of bearing) North 32°35'54” East 390.00 feet; North 57°35’54" East 18.00 feet; North 11°35’54" East 61.00 feet; North 49°35’54" East 60.00 feet; South 62°24’06" East 123.00 feet; North 57°35’54" East 100.00 feet; North 87°35’54" East 100.00 feet; North 49°35’54" East 83.00 feet; North 69°35’54" East 57.00 feet; North 47°35’54” East 147.00 feet; South 77°24’06" East 88.00 feet; South 72°24’06” East 100.00 feet; North 32°35’54" East 146.00 feet; North 72°35'54" East 83.00 feet to the West line of said NE1/4SW1/4; Then North 00°09’58" East along said West line a distance of 600.00 feet to the Northwest corner of said NE1/4SW1/4; Then South 89°43’22" East along the North line of said NE1/4SW1/4 a distance of 1322.00 feet to THE POINT OF BEGINNING. EXCEPTING THEREFROM those parcels conveyed in instruments recorded February 14, 2001 as Reception No. 576039, January 16, 2001 as Reception No. 574936, January 16, 2001 as Reception No. 574934 and Tracts 39B, 41B and 42B as shown on Amended Final Plat of Tracts 39, 41 and 42 Antlers Orchard Development company Plat No. 1 recorded July 19, 2000 as Reception No. 566516, February 22, 2022 as Reception No 971243 and Reception No 971244. County of Garfield PARCEL PHYSICAL ADDRESS OWNER ACCOUNT # MAILING ADDRESS 217904200696 N/A Silt, CO 81652 VICTOR F. GANZI R041071 106 Central Park South Apt. 28E New York, New York 10019 217904100199 N/A Silt, CO 81652 JAMES C. & MARY F. ROARK R200395 6303 County Rd. 233 Silt, CO 81652 217904100183 901 County Road 231 Silt, CO 81652 MATTHEW AND SUSAN JURMU R200830 901 County Road 231 Silt CO 81652 217904100184 N/A Silt, CO 81652 JOAQUIN AND TERESA BIANCO R200831 PO Box 811 Silt, CO 81652 217904111300 N/A Silt, CO 81652 PIERPOINT MESA, LLC R043877 PO Box 2019 Evergreen CO 80437 217904411308 N/A Silt, CO 81652 PIERPOINT MESA, LLC R043885 PO Box 2019 Evergreen CO 80437 217904400715 236 County Rd, Silt, CO 81652 JORGE GONZALEZ GONZALEZ & BRAJAS R084873 413 West Richards Avenue Silt CO 81652 217904100627 187 236 County Rd, Silt, CO 81652 LYON LAND & CATTLE, LLC R200824 235 County Road 236 Silt CO 81652 217904300656 N/A Silt, CO 81652 LYON LAND & CATTLE, LLC R006183 235 County Road 236 Silt CO 81652 217904100030 1083 231 COUNTY RD Silt, CO HELMKE, RICHARD L & MARY ALYCE DOLL R200370 109 2ND STREET GLENWOOD SPRINGS CO 81601 217904411301 N/A Silt, CO 81652 ELW LAND COMPANY, INC R043878 1800 MEDICINE BOW ROAD ASPEN CO 81611 CERTIFICATION OF MINERAL OWNER RESEARCH This form is to be completed and submitted with any application for a Land Use Change Permit. Mineral interests may be severed from surface right interests in real property. C.R.S. § 24-65.5-101, et seq, requires notification to mineral owners when a landowner applies for an application for development from a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 (“LUDC”) Section 4-101(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property in accordance with C.R.S. § 24-65.5-101, et seq, “as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means.” This form is proof of applicant’s compliance with the Colorado Revised Statutes and the LUDC. The undersigned applicant certifies that mineral owners have been researched for the subject property as required pursuant to C.R.S. § 24-65.5-101, et seq, and Section 4-101 (E)(1)(b)(4) of the Garfield County Land Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies the following (Please initial on the blank line next to the statement that accurately reflects the result of research): I own the entire mineral estate relative to the subject property; or Minerals are owned by the parties listed below The names and addresses of any and all mineral owners identified are provided below (attach additional pages as necessary): Name of Mineral Owner Mailing Address of Mineral Owner I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the LUDC. _____________________________________________ _________________________________ Applicant’s Signature Date X 235 County Road 236 Silt CO 81652 235 County Road 236 Silt CO 81652 LYON LAND AND CATTLE, LLC MICHAEL K. LYON AND CARRIE S. LYON CLOIS KELLY LYON P.O Box 180, Hotchkiss, CO 81419 DocuSign Envelope ID: 0FB8C868-F819-4D36-806E-89821A99BCC5 3/24/2023 VICINITY MAP PART II BOUNDARY LINE ADJUSTMENT APPLICATION LETTER OF EXPLANATION I, Michael Lyon, as an individual owner and the registered agent of Lyon Land and Cattle, LLC, am the owner of the subject property. Through this land use application, I wish to move the northern property line of Parcel No. 2 l 7904400670 approximately 230 feet north to consolidate improvements onto a single parcel, giving said parcel an additional 3.49 acres. The southern parcel (No. 217904400670) is part of the Antler's Orchard Development (AOD) subdivision from 1908. The northern parcel (No. 217904100627) is unplatted. As such, this Boundary Line Adjustment application is submitted in conjunction with an Amended Final Plat application. As I attested to in my Affidavit Re: Boundary Line Adjustment, no new lot is created with this adjustment. STA TE OF COLORADO ) )ss COUNTY OF GARFIELD ) Subscribed, sworn, and acknowledged before me on this q M day of November, 2022 by Michael Lyon. Witness my hand and seal. MARY CLEATOR NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20214003163 MY COMMISSION EXPIRES JANUARY 26, 2025 QUIT CLAIM DEED :>-eal Property) THIS QUIT CLAIM DEED is made this the_ day of November 2022, by and between, LYON LAND AND CATTLE, LLC, whose principal office is located at 235 County Road 236, Silt, CO 81652 ("Granter"), and MICHAEL K. LYON AND CARRIE S. LYON, whose address is 235 County Road 236, Silt, CO 81652 ("Grantee"). WITNESS, that the Granter, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUITCLAIMED, and by these presents does remise, release, sell and QUITCLAIM unto the Grantee, his successors and assigns forever, all the right, title, interest, claim and demand which the Granter has in and to the following real property, together with improvements, situate. lying and being in the County of Garfield, State of Colorado described as follows: See Exhibit A TO HA VE AND TO HOLD the same. together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Granter, either in law or equity, to the only proper use. benefit and behoof of the Grantee, and Grantee's successors and assigns forever. IN WITNESS WHEREOF, the Granter has executed this deed on the date set forth hereinabove. ST A TE OF COLORADO ) ) LYON LAND AND CATTLE, LLC COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me on this� day of November, 2022. by MICHAEL K. LYON. WITNESS my hand and official stamp. SHEILA M MCINTYRE NOTARY PUBLIC• STATE OF COLORADO Notary 10 #20014004306 My Commiss ion Exp ires 2/8/2025 15 :xhibit A �EGAL DESCRJPTION -LAND BEING CONVEYED FROM THE SW1/4NE1/4 OF :ECTION 4. TOWNSHIP 6 SOUTH. RANGE 92 WEST OF THE 6 1"11 P.M. TO TRACT 36 OF \NTLERS ORCHARD DEVELOPMENT PLAT NO.1 RECORDED AT RECEPTION NUMBER 3748� A Tract of land situated in the SWl/4 NEl/4 of Section 4, Township 6 South. Range 92 West of the o: P.M., County of Garfield, State of Colorado, said Tract ofland being more particularly described as follows: Beginning at the Center 1/4 comer of said Section 4 being an aluminum cap. PLS 27613. also bein_!! tr: -.�rthwest comer of Tract 36 of said Antlers Orchard Develooment Comoany Plat No. 1 and also the .,uumeast comer or the SWl/4 NE 1/4 of said Section 4, whence the West 1/4 comer of said Section 4 bears .:;S9 °30'54"W a distance of2644.09 fe et, said West 1/4 comer being an iron pipe with a brass cap, ::.,_.;_ 14060; thence along the westerly line of said SWl/4 NEl/4 of Section 4, N 00°32'06" W a distance of231.39'; thence N89°27'54"E a distance of 656.62 feet; thence S00°35'30"E a distance of 231.91 fe et to the northeast corner of Tract 36 of said Antlers Orchard Development Company Plat No. l; also being a point on the East-West centerline of said Section 4; thence along the northerly line of said Tract 36 of the Antlers Orchard Development Company Plat Ne. : S89°30'37"W a distance of 656.85 feet to the Point of Beginning. Said tract containing 3.492 acres more or less. Bearings as recited in this description are based upon the bearing ofS 89 °30'53" W between the Center ¼ comer of said Section 4 being a standard monument and aluminum cap marked PLS 27613, and the West 1/4 comer of said Section 4 being a standard monument and brass cap, L.S. 14060. Said parcel is to be merged with a tract of land presently identified as Reception No. 574934 , Book No. 1227, in the records of the Clerk and Recorder. Garfield County, Colorado. Legal Description Prepared by: Michael Gamba P.E. & P.L.S. 28036 Gamba & Associates. Inc. P.O. Box 1458 Glenwood Springs. Colorado 81602