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HomeMy WebLinkAbout1.01 Supplemental Application MaterialsTu rner COHgTRUCTiOX February 19,2024 RE: Compteteness Review Mushroom RockAmended Land Use Change Permit (GAPA-o1-24-8997 Per your request for more items to be submitted for your review process to grant a Change of Use permit for parcet 239329100159, ptease find the fotlowing items with this submittat. This request is to designate the current Primary Dwetting which was buitt in 2019 and is 1,706 sq. ft.be changed to Secondary Dwetl.ing (ADU) The house currentty under construction, currently known as the secondary dwetting, (ADU) is 3,347 sq. ft. An additionat 384 sq.ft.breezeway and 693 sq.ft.garage are to be buitt. Request is made that this dwetting be designated as the primary dwetting. This packet consists of 3 copies of the fottowing documentation: 1. Signed Payment Agreement 2- Statement of Minerat Research Owners Title Poticy dated May 30, 2008 and current tbd Titte Commitment February 8,2024 No change in the mineral rights. 3. The tegat designation of the tot size at 5.63 acres is recorded (attached). Grantee was Union Oit of Catifornia. Previous recording (attached) was 3.01 acres. 4. A copy of the current Land Use Change Permit is attached S. Property is in comptiance with Articte 7 Standards as granted by the Land Use Permit that was issued. No changes are proposed that woutd affect Articte 7 Standards, inctuding but not timited to grading, drainage, infrastructure, access, fire protection and natural hazards/stopes. No further devetopment is planned on the tot. 6. Statement of authority has been recorded. 7. Stte ptan (attachecl) showing the primary and secondary buitdtng designations and requesting that this designation be ftip ftopped. B. Update tetter from Kumar & Associates (attached) showing no change to site conditions f rom previous analysis. 9. NewTitte Commitment is inctuded in this packet. reel Garfield County - Glenwood Springs 109 8th Street #200 Glenwood Springs CO 81601 Debt COLORADO Department of Revenue Division of Motor Vehicles Item Transaction Receipt tilflilqflht fifi!fiilt] il| Letter: L0116028920 crN Amount Due Payment Type Recording Fees Detail 513.00 s 1 3.00 Portal Administration Fee: $1.06 Payment Date Payment Amount Credit Card 138892753 Feb-20-2024 $14.06 51ol " rn'nf a€ Change Due Balance {r- $14,06 $0.00 $0.00 Aeeeip* fn, Ataardlng Aul.h'ri+7 for I Corb'r/a1", to I oet I H t0a v wl Garfi,eld CountY PAYMENT AGREEMENT FORM GARFTELD COUNW ('COUNTY") and property owner ("APPLICANT") Joe Turner representing Mushroom Rock Partnership LLC/Monica Edelman Manage agree as follows: L. The ApPlica nt has submitted to the County an application for the following Project: 11 Hwv- 82-Ca co IAND USE CHANGE MIT r ta2 No.2014-60, as guidelines for the administration of the fee structure' 3. The Applicant and the county agree that because ofthe size, nature or scope ofthe 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. lf actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional biilings 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: Joe Turner Phone: L970-)-618-3242 Billing Contact Address: 417 Meadow Court City: Basalt State: CO ZiP Code: 81621 Billing Contact Email: Joeturner4lT@comcast'net Printed Name of Person Authorized to Sign:fn" Tnrn'* l/rt ?-c-*/ t'q I a4 2. The Applicant understands and agrees that Garfield County Resolution amended, establishes a fee schedule for each type application, and the (signature)(DateI Gurfield Coanty CERTII.ICATIONor,MINERALowl[ERRESEARCH This form is to be completed and submitted with any application for a Land l.lse Change Permit' Mineral interests may be severed from surhce right interests in.real property'..c.R-S. $ 24-65'5-101, et seq, requires notification to minerar owners *treni lindowner 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 2A!3 ("LUDc") Section 4-101(EX1X!X-+)-r999i1e1" written notice to owners of mineral interestsln the subject property in accordance with c.R.s. 5 24-65'5-LoL, et seq,,,as such owners can be identified through the records in the office of the clerk and Recorder or Assesso[ 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 subiect property as required puniuanttoa:i.j. s 24-65.5-101, "lreq, anu section 4-101 (EXlXbX4l of the Garfield county land Use and Development code, as amended. As a resutt of that r€search, the undersigned applicant certifies the followi ng (ptease initial on the btank line nert tu the statement that accurately rettects 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/all mineral owners identified are provided below (attach additional pages as necessary): -M-iling Address ot Mineral uwner I acknowledge I reviewed C.R.S. I 24-55.5-1O1, et seq,and I am in compliance with said statute and the LUDC. Tupwz Ku r/5 fin f'a h' r'e-ltq /ry oSignature lu tL llaniae t)t lrna n Date u 5h l'oaty't K ocb ParlnoBs h;p l+L N (o N) ^s @ ! :"346 5 Eo 3 g_ b o(o F- 3 3o. cos x.\) E 9.oo o il I 2393-2gL-00*I5g% PARGEL rruMGrEH 11 ?-88ffi29. r€t 1 (Netll, of St. Hrry. *B 2 . 3.OlAc-)Iying Total: 3.01Ac. 40 1R-t[t I -",'"j GRANTE E Union Oil of Cal-if . BOOK 390 200 REIARTS t' I =o I co(o -.1 @ Eo . i i ; ri I t. i Ku{o oF rxsTpur€x TDATE 384 / 358 PAOE I l N) N) ;6--l ! J a 3 9_ aoo(o F'o 3 3 =co =' oX.\) 9. lt =o I co(o @ t. (o REUARXSKIND OF INSTRUMENTDATE 358 PAGE 0; 384, 800K 2390Californ GRANTE E a 59 ' 111 iad Ii 1R-I'1F : i? (o PARCEL NUMBEN 7-88 thence N.00oA7'51', w. 7gL.'t4r to the p-O,B.Sec. 29t A tr" in Lot I Sec. lg cont.5.63Ac. Beg. at tne NE cor. of Sec. lg; thence N.89"13'51" W. 62L. g4,; thence S.52o53'46" E. 105.23'i thence S. So43' 46" E. 206.20'; thence S.39045'46" E.350.C0'; thence S.38o44,40', E. 310.40' to the beginning of a tangent curve to the right hav. a rad. of 3065.00' and subtending chori of S. 38o43, 59" H. 29. 11, thence along the arc of the curve 28.11'; Total: 5.63 Ac. ?totscl Arhr!$ Ge.lield Counly Communiv Oevelopmenl Osparlment 108 8[l Sltsl Sltle 401 GlsrHodd Sprinqs- CO 8t6or- Pnona (970)945{112 F{,l' t870t384-3tru Parcsl ilo.Suldlvl3lor Slcllon Toryffihlp Rrnge ll25t P.O. Bor idspsr CO 81512- Erpte:091t0/2013lrts6 D.b: 3ll1l20l3 Htrvy 82 GARBOI,IDALE CO 139329100t59 11253 P.O. Bor Aspen CO 81612. GalebEdelman {9701704-9128 {9701618-2813 Cont"etor{sl Phone Prlmary Gontractor ECOTi Ylc Propoaed Gonslructlon, Detellr Singla family dtrr€llin!- FEES DUE FEES PAID ccl: I Required lnepectons: fuptcuon tvF Building Department Gopy Valuallon: Total Sq Fa€t: $1,07,592.00 . 1800 SeE Permit REcord Fso Amount Plan Check Fee R€sid€nlhl Buflriirg FeB Tobl: $675,ots $1,038.55ffi6t lnv Tobl Paytypo Arnt Pald Arnt Due hv# BlRE-t.l3ezlgs 51,713,61 Ched(d9705 Ch€d(* 9817 91,131.37 st!2.24__ s0.00 '!, Thucday. ilarch lr0, 2013 Paqe 15 2 Gafield County Communiiy Development OaPedtnEnt Glsnwood Sptings" CO Sldll' Pnana- {970)945€212 Fer. t9701384+170 Parcel l{o.gubdlrdrlon Slsllon fowhlp Rrngc Ptotscl Addtlt3 lll53 P.O. Box Aspan CO 8t612- Erpheg: 0911012013lsgrr. Drb: 3tt4r20l3 Htiltr 82 CARBONDALE, CO 23S329t00159 t1253 P.O. Box Aspen CO 81612.Caleb Edelman {970F0C9r28 (970161E.2813 PhorG Prlmary Conttactor ECOS Ye. Proposed ConrlnrcUon , Dalalls Single femily dwellim. FEES DUE FEES PAID Requlred lnspec$ons: (il1 ! lffiprc$on tv8 Building Department copy Val0rtlon: Total sq F€ett $107,592.00 1800 See Permit Record Fee Amount Plan Check Fee Residenlhl Bultdng Fea Total: $675.06 $1.038.55 61Jr3.61 lnv Tolal PaYlYPe Amt Pald Arnt Due lnv * BLRE€.13.222ts 9{,713.81 Ched(#9705 Check* 3617 $1,131-37 s5!?.24-- $0.00 2 Thumday, March |tt, 2013 Page 15 9 hottro*tw to C.R"5. S38-39-X72',the undersigned exs€ute$ this Siatement of Authority on behalf of PARTNERSHIP, LLC.a (corporation, llmited genera[.partnershlP,llability. pa*ners hiP,registered'Imlted liabllitY trust or other). an entllY other and states as follows: The name of the EntitY is , LLC. and is formed under the laws of c0 81623The malling address for the Entlty ls 1 The name and/or position of the person othenrrrlse affecting titte to real property The limitations upon the authority to bind the Enti{ are as follows {if 5ignature: Name tprlntedl: Tltle.{if any): hatding';the posltion desqibed above NONE ether matters concernlng.the,manner in whlc.tr,tlg-Entity deals wlth anv interest in.;qg.l,pfcner$,are {!f no'otheh matdd'bave this section blankl: EXseUrEDthis Af uaY or 20 LL/ ._-r rSTATE OF COUNTY OF )ss. a, acknowlcdgBd befsre rne th day of on'behaff sf Witness my. hand My .t5EAL] v,4a Pubtlc) tr. l*rf&t ,xt U*VtDi*rtct A b Exi+{in1 D w. Ilinl LN or+h) C u rTrnIIy khawn a+ PrirnaLl Dwttlin"t l-tou 5.c s16l.t( ! onl/.ruct-t,,r (+",.t1-h) Ourft nlly llrtourn a4 lcaondarl Dwttli ng ot4 Abrr. / Ei { , l PnoscrilFofiutnSl u* r4rFmY&legErBqffiE@E lIMnr ffi&l& 1!tll M6WrUFGIEffiota s6atdllmtglBoaldEr4MrFfilmtg€Fa@$nrdff I i I i I I l I \ I fI I I a]IlioREAUIAT0ilS ryq@ ttruFgltat:otm@uwrfr:Flrt5trts$ ds{Dr Fr tmrtE' n Ir lrto6 t"1.qofm m 3tt E CJC'E E C)ctE I -v)n - = a- =o- EH !ga!!8.{fi# stw@EmM@lMhCW Erod6sffilD{rq@l{t MDffiFru ffibffi6&6ffi SIIETItDfl u6unmp Aspd GlI -l lr4Em@FrcWwqt& 'eFoEffiU6l&bMdm&mq*@sE& E! p & t4 !!q + /i\ snr nenVy'''* MUt@ @M + R,a$ut>l-| ng t-hot ^Dvytlliylqq "bt0otnt furt friyvqdi A.asi 4en0e' anl nwcllipq ^ btoo6z ltte 5tcondary -a,esiJtnoe, t$sn*&s - D0CuliEl'ITDAIE il.otrut DOCI'MEIIITPHASE: a,IDSEt(l$tT$ I i - d, Ob mal I SITE PLAN A1 .1I :3,3.{T q.t+. lt SITE Ot Ca}ll A Exi*4in3 Dw, Ilinl iA/or+h) [btryrnlll. Rnewn a+ YrirnaLl fi1ryllinc1 14oua' unfu( aonf/rucl'in C+oqih) 'eurHnlly Knawn otl *caendarl Dwtl[in9 ot4 Abrr. , b a r i I ) \rlr\rli t I I P88.E8TllFoRlrlls r6rgY&N@HrBqQ*w@E BWE a€dtt@@@tFr,gdall*tdd&66CftOt&dfrtg@ anl0BEculAlt0ils wqrurEtu9awctctam@@d*r.*rr4NIctlls$ €wffi Ft&tFt! Nff6I E @rBr t{@ ttt* lEl!s--#$ rc3*w4dlMM@ sllETlloEt Il i l,'l 'j qffiEBffi.U oru6@f I il I I I lr+oQ bl.--tt{ -C'C'E Ec)C'G I -v, -,- = c.Eeu-i EAI EEt wft ffin!trmrug6m6 iol,ro&lt +Itr MBo@Uel tdps@eu aqueE@gg rcs4Fr6s6wsl 'ffiws@s*&.E8 &, m4wAI lEmMffid'str, 'WE6N@!{ d*@sq& I{ SMMilI -k Raguaah'ng lhof ^l vyttlipq 4 "broomt l--tre frivylqal (.a*i dert0€ anl nWctliytq ^ Etorrn< *ne 5teondory -Rc>;J-enoe, - D0Ct MB'lTDAlEr 1ifi{Er D0CWEI'ITPHASEI NHililt|P Aspm GlI -l T SITE PLAN A1 .1T b,34? eq.f+. lr stlE fr\smpuN vlrtrt*O fl C{tD! Ktn$jf*l[ffi:$tr*rk'i** An Employsa Osrcd CornFnY 5020 CountY Road 154 Glenwood Springs, CO 81601 phone: (970)945-7988 fax: (970) 945-8454 email : kaglenrvood@kumaru$a.com Itu'li'q,,kUm at.llSa, COm Office l,ocations: Denver (HQ), Parker, Colorado Springs, Fort Collins, Clenrvood Springs'and Summit County, Colorado February 7,2024 Joe Tumer 4ll Meadow Court Basalt, Colorado 81621 joeturner4 1 7(4comcast.net Project No. 24-7-148 Subject Observation of Site Grading Conditions, Existing Residence and Proposed Garage/ADU Below Mushroom Rock, Highway 82, Garfield County, Colorado Dear.Toe: As requestedo the undersigped represe,ntative of Kumar & Associates,Inc. observed the existing site conditions with you on February 2,2024. The findings of our observations are presented in .this report. H-p Geotech previously conducted a subsoil study for design of foundations at the site and presented their findings in a report dated May 19, 2010, Project No- 110 081A. The current observation was performed according to our professional services agreement with you dated February 2'2024. We understand that a gangelADU is proposed just north of the existing residence in what is now a driveway/parking area. The flat driveway/parkingarea was created by cutting on the uphill side and filling on the downhill side. A low (4-foot tall) stacked rock wall retains the uphill side of the driveway. The boulders used for the wall range in size from I to 4 feet. Above the wall, the natural slope has been cut to a grade of about 3 horizontal to I vertical. The area above the cut slope is the natural rocky soils with many boulders. The natural slopes are vegetated with pinon pine and juniper frees. .fhe retaining wall and exposed slope on the back (east) side of the house appear to be stable with no evidence of wall or slope movement. Drainage from uphill of the house is directed around the house to the north by a swale located behind the boulder wall. The swale drains to a culvert under the driveway and on down the natural slope. Other than some revegetation, the grading around the house appears to be adequate to handle normal flow conditions' If you have any questions or need further assistance, please call our ofEce. Sincerely, Krumar & Asssciates, lnc. Rev. by: SLP DEH/kac */Y/z''tP Land Title Guarantee ComPanY Date: May 30, 2008 MUSHROOM ROCK PARTNERSHIP, LLC, A COLORADO LIMITED LIABILITY COMPANY P.O. BOX 1717 ASPEN, CO 81623 Enclosed please find the title insurance policy for your property located at The following endorsements are included in this pollcy: Deletion of Standard Exception(s) please review this policy in its entirety. In the event that you find any discrepancy, or ifyou have any questions regarding your final title policy, you may contact Title Departnent Phone: 970-945-2610 Fax:970-945-4784 Please refer to our Order No. GW63000001 Should you decide to sell the property rlescribed in this policy, or-ifyou artrequired-to purchase a new title comminnent for mortgage purposes, you may be entitled to a credit toward future title insurance premiurys. Land Tifle Guarantee c|ia"v witt retain a copy of thls policy so we will be able to provide future products and sewices to you quickly and efliciently' Thank you for giving us the opportunity to serve you' Sincerely, Land Title Gumantee ComPanY +*++ + + * + * q,Owner's Policy Anrerican Land Title Association 0rrrmer's Policy lG1 7'92 SUUECT TO THE EXCTUSIONS FROM COVERAGL THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHTDULE B AND THE colrblrrorrrs nnro sTtpuLATloNs, oLD REPUBUC NATIoNAL TlrtE INSURANCE CoMPANY, a Minnesota corporation, herein called tn. Corpiny, insures, as 0f Date of Policy shown in Sctndule A, against loss 0r damage, not exceeding the Amount of lnsurance stated in Schedule A, sustained or incuned by the insured by reason of: b*a -d.al * *++ 1. Title to lhe estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or llen or encumbrance on the title; 3. Unmarketability of the title; 4. Lack ofa right 0faccess to and from the land. The company will also pay tne costs,ittomey'itees a4 exr.lses.incuned in defense of the tltle, as insured, but only to the extent provided in lhe conditions and stipulati0ns' officers as of the date shown in schedule A, the policy to be valid when countersigned by an authorized officer or agent of the company. EXCTUSIONS TROM COVERAGE I]IU RLPUBLIC NA I IUNAT III LT INSURANUL UUMPANY A Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 (612) 371-1111 The f'll.wing matters are expresly excluded from the coverage of this polhy and the company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 0r relating to 0 the o..upunii, uii'oiinjov.uii oi ttr.ium; 1ii) ine crraraaer, diiensions oilocation of any improvemmt now or hereafter erected on the land; 0ii) a separalion in ownership or a change in the dimensiom or arei'of the land or any parcel of which the land ii or was a part; or (w) environmental protection, 0r lhe effect 0f any violation of these lawi ordinances or golemmeniai regulatiom, erie'Rt to ttre extent lhat a notice of the enforcement thereof or a notice of a defect, lien or encumnrjnce resurting rigm a ;ioliiion oi irrEeo vioraton affecti-ng the land hai been.recorded in the public records at Date 0f Policy. " froln"a violation or'alleged violation affecting the'hnd has been recorded in the public rec0rds at Date of Policy. 2. Rights of eminent oomain untes notice of the dxercise thereof has been recorded in the public records at Date 0fPofcy, but not excluding fr0m c0verage any taking which has- ociurieO prior to Date of policy which would be binding on the rights of a purchasel for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, 0r other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to lrre company, noiiecordeo in ilre public recordsii Date of Policy, bul known t0 the insured claimant and not disclosed in writing to the c0mpany by the '-' iniured claimant prior tb the date the insured claimant became an insured under this policy; (c) resulting in no loss 0r damage t0 the insured claimant; (d) attaching or created subsequent to Date of Policy; or t i "iufting"in 6" or damagehhich would not have'been sustained if the insured claimant had paid value for the estate 0r interest insured by this policy. 4. Any claim, wnm arises out oiitte iramaction vesting.in.the lnsured the eslate 0r interest insuied by this policy, by reason 0f the 0peration of federal bankruptcy, sta[e insolvency, or slmilar crediton' rights laws, that is based. on: ni-if'r iiinrurti* rreating ttre e-state i'r' interesi insured by this policy being deemed a fraudulenl.conveyance or fraudulent transfer; or failure: (a) to timely record the inslrument of transfer; or bi of suctriecorCation t0 impart notice to a purchaser for value or a judgment or lien credilor' lssued through the 0ffice of: TAND TITTE GUARANTEE COMPANY 1317 GRAND AVE #2OO GTENWOOD SPRINGS, CO 81601 970-945.2610 T* ":.."...i,i,":.ii-,::. A0.0RT (Form 402D) Cover Page 1 of 3 CONDITIONS AND STIPULATIONS 1. Definition ofTerms. The following terms when used in this polhy mean: (a) "insured'-: the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the inierest of the named insirred by operalion of law as distinguished fmm purchase including, but not limited to, heirs, distributees, devisees, survivors, personal represeniatlves, next 0f kin, or corporale or flduciary successors' (b) "insured claimant": an insured claiming loss or damage. Gi "inowleOge" 0r "known": aclual knowledge, not construclive knowledge or nothe whilir may be im-puted to an insured by reason olthe puilic records as defined in this policy or any otlier recoids which impart constructive notice of matters affecling the land' 1Oi "tand": the land descrilied or refened to in Schedule A, and improvements affixed theieio which by law cgnstitute real prgperty. the term "land" does not include any property beyond the llneiof the area describeil or refened to in Schedule A, nor any right, title, intirest, estate or easement in abutling streets, roads, avenues, alleys, lanes, ways 0r waterways, but nothing herein shall modiff or limit the extent to which a right of acces t0 and from the land is insured by this policy' (e) "mortgage": mortgage, deed 0f trust, trust deed, or other security inslrunent' .. ifj "puUlli rdcords": ric6rds established under state statutes at Date 0f P.licy for the purpose'of imparting constructive notice of matters rehlingl0-real prupe4ylolurchasers ior value and withoit knowledge. Wth respect to Sectign 1(a)0v) of the Exclusions from Coveraoe. ,,oublic records" shail also include environmental protection liens filed ln the recordioi tire clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title": an alleged or apparenl matter affecting the title to the liird, not excluded or excepted from coveiage, whlch would entitle a purchaser of the estate oi interest described inschedule A lo bereleased from the qbligatign t0 purchase by virture of a contractual condition requiring the dellvery 0f marketable tltle. 2, Conlinuation of lnsurance After Conveyance of Title' The f0llowirq coverage 0f this policy shall continue in force as 0f Date of P0licy in favol ofan insured onl-y so bn! as the insurei relains an estate 0r interest in the land, or holds an indebledness seiured by a purchase money mgrtgage given by a purchaser from the insured, or only so long as the insured shall have liability 6yieas0n 0f cgvenants of waranty lade by thd insuredin any transfer or conveyance oithe estate or interest. Thls pglicy shall n6t continue in forc6 in favor of any purchaser fr'm the insured 0f either 0 an estate _ or interest in the land, or (i) an indibiedness secured by a purchase money mortgage given to the insured. 3. Notice 0f Claim t0 be Given by lnsured Claimant. The inswed shall notlff the Company promptly in writing $ ln case of any litigation as set fgrth in Sectign 46) belgw, (10 in case linowledge shall cgme t0 an insured hereunder of any claim of title 0r interest whicb is adverse t0 the title t0 the estate 0r interest, as insurdd, and which mighl cause loss 0r damage for which the Company may be liable by virtue of 0f this pglicy, or (i1; if-title to the estate 0r inlerest, as insured, is rejected as unmarketable. f prom'pt nritice shill ngt be given t0 the Cqmpany, then as to.the insured all liability 0f. td Cgipany shall terminatefuth regard t0 the matter 0r matters for wiich prgmpt notice is requiredi privided, however, that failure to notify the Company.shall in no case prejudice the rigirts of iny insuied under this policy unless theCompany shall be prejudiced by the failure and then 0nly t0 the extent of the prejudice' 4, Defense and Prosecution of Actionsi Duty of lnsured Claimant t0 Cooperate, . - (a) Upgn witten reqgest by the insured a:nd subject to the options contained in Section 6 of mri. CinOitions.nd Siipulations, the Company, ai its own cost and wllhout unreasonable delav, shall provide for tire the defense of an insured in litigatlon in which any third party asserts a cliim adverse t0 the title 0r interest as insured, but only as t0 those stated causes of action alleging a defect, lien or encumbrance 0r other matter insured against by.this-qolicy. The Company sliall have the right to select cgunsel 0f its chgice (subject t0 the right of lhe - insured ti object for reasonab6 cause) l0 represent the insured asl0 those stated causes 0f action and sliall not be liable for and will not pay the fees 0f any qther cgunsel. The Company will not pay any fees, costs 0r expenses incuned by the insured in the defense of lhose causes of iction which allege matterc not insured against by this policy' ft) The Company shall have the right, at its own cost, t0 institute and prosecute any action 0r ploceeding 0r t0 d0 any other act which in its opinion may be necessary 0r deskaue io establiih the litle to the estate 0r interest, as insured, or lo prevent ot reduce loss or damage lo the insured. the company may take any appropdate action under the terms of this policy, whether or not it shall be liable hefeunder, and shall ngt thereby concede liability or waive any provision of this policy. lf the company shall exercise its rights under this paragraph, it shall do so diligently' (c) Whenever the C0mpany shalt have br0ught an acti0n 0r interp0sed a defense as required or permitted by the provisions of this polhy, the Company may pursue any fitil;ation to'final determination by a court 0f competent jurisdiction and expressly reslrves the right, in its sole discretion, to appeal from any adverse judgment 0r order. (0 ln all cases where this policy permits or requires the Company t0 prosecute 0r provlde for the defense 0f any action 0r proceedlng, the insured shall secure t0 the bompany the right t0 s0 proiecute 0r prwide defense in the action 0r proc€eding, and.all appeals iherein, and pernrit the Company t0 use, at its opti0n, the name 0f the insured for th'ls purpose. Whenever requsted by the Company, the insured, at the Company's expense, shadgiJe fte Company all reasonable aid (l) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding-, or effecting settlemeirt, and (i) in any other lawful act which ln the opinion of the Company may be iecessary or deskeable to establish the title to the eslate 0r interest as insured. lf tire Company ii prejudiced by the failure 0f the insured to fumish the required cooperatioir, the Company's obligations t0 the insured under lhe policy shall terminate, including any liability 0r obligation t0 defend, prosecute, or continue any litigation' with regard to the matter 0r matters requiring such cooperation. 5. Proof of Loss orDamage. -ln addition to and afteithe notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and . swom io by the insured claimant shall be fumished to the Company within 90 days after the insured clainrant shall ascertain the facts giving rise t0 the loss 0r damage. The proof of loss or damage shall describe lhe defect in, or lien or encumbrance 0n the title, or other matter insured against by this policy which constitutes the basis 0f loss 0r damage and shall state, to th6 extenf possible, the basis of calculating the amount of the loss or damage. lf the Company h preiudiced by,the failure of the insured claimant to provide . the re-quired proofoh bis oi dimage, the Company's obligaiions t0 lhe insured under the policy ihail tbrminate, lncluding any liability or obligation to defend prosecute, or lontinue any litigation, with rEard to the matter or matterc requiring such proof of loss or damage. ln addltion, the insured claimant may reasonably be required t0 submit t0 examination under oath by any authorized represent-ative of the Company and shall produce for examinali0n, inspection arid copying, at such reasonable times and places as may be designated by any auihorized represbntaiive of the Company, all recgrds, b00ks, ledgen, chec6, conespondence and memoranda, whether bearing a datebefore or after Date of Policy, which reasonably pertain t0 the loss 0r damage. Further, if requested by any authorlzed representative of ihe Company, the insured claimant shall grant its permission, in writing, for any . authorized r6presentative 0f the Cgmpany t0 examine, inspect and copy all records,.books, ledgers, checks, conespondense and memoranda in the custody 0r control 0f a third party, wlrich reasonably pertain to the loss or damage. All information designated as confldential by the insured claimant provided t0 the Company pursuant to this Section shall not be disclosed to others unleas, ln the reasonable judgment 0f the Company, it is necessary in the administration 0f the claim. Failure of the insured claimant to submit for examination under oalh, produce other reasonably requested inf0rmation 0r gnnt-permissi0n.to secure reasonably necessary information from thkd parties as requiled in thh paragraph shall terminate any liability of the Company under this policy as t0 that claim' 6. 0ptions to Pay or 0therwise Settle Claims; Terminatig4 of Liqbillty. ln case oitcl-aim under thls policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. . . fofry or tenOer payment of the amount of insurance under this policy together with any iosts, attorneys'-fees and expenses incurred by the insur-ed claimant, which were authoriied by the Complny, up to the time 0f payment 0r lender 0f payment and which the Company is obligated to PaY. Upon the exercise ly the Company of this option, all liability and obllgations t0 the insured under this policy, other than t0 make payment rquired, shall terminate, including any liability or obligation to defend, prosecute, 0r continue any litigation, and the poliiy shall be sunendered t0 the Company for cancellation. b) T0Fay 0r 0theruise Settle With Parties 0ther Than the lnsured 0r With the lnsured Claimant, (i) to pay or otherwise settle with other parties for or in the name of an insured claimarit any claim insured against under this policy, together with any costs, . att0meys,fees and expenses incuned by the imured claimant which were authofized by the Compariy up to the time of payment and which the Company is obligated t0 pay; 0r (fl to pay or othenilise settle with the insured claimant lhe loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incuned by the insured'clairiant which were authorized by the Company up t0 the time 0f payment and which the Company is obligated to pay' Upon the exercise by the Company of either of lhe options provided for in paragraphs oCI; 0, the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, ff continue any litigation. A0.0RT.2 Cover Page 2 of3 /. uetermrnatron, txtent 0t llabltlty and uoinsurance' This polic!, is a contract of ind:emnity against actual monetary lms or damage sustained br iniuned by the imured claimanf who has suffered loss or damage by .. reasgn of matters insuied against by this policy and only to the extent herein described. (a) The liability 0f the Company under this policy shall not exceed the least of: (i) the Amount of lnsurance stated in Scheduh A; or, 00 the difference between the value of the insured estate or interest as insured and the value of the insured estate 0r interest subject t0 the defect, lien 0r encumbrance insured against by this policy. (b) ln the event th6 nmouit of lrisura'nce stated in Schedule A at lhe Date of Policy is lesi ihan 80 percent 0f the value of the insured estate 0r interest 0r the full consideration piid for the land, whichever is less, or if subsequent t0 the Date 0f Policy an improvement is erected on the land which increases the value of the insured estati or int'erest by at least 20 percent over the Amount of lnsurance stated in Schedule A, then this policy is subject to the following: (i) where no iubsiquent improvement has been made, as t0 any partial loss, the Compiny shall only pay ihe loss pro rata in the proportion thal lhe amount 0f insuranc'e aiDate of ioiicy bears to ttre tqtal value 0f the insured estate 0r interesl at Date of Pollcy; or (ii) whire a subsequenl improvement has been made, as to any partial los, the Compiny shall only paythe losi pro rata in the proportion that 120 percent of the Amount bf fisurance ititeC in ScneOute R bears t0 the sum 0f the Amounl 0f lnsurance stated in Schedule A and lhe amount expended for the improvement. The provhions of this paragraph shail not apply t0 costs, attomeys' fees and expenses for which the Cimpdnyis tiable under this policy, and shall only apply to.that pohion of any 6s which exieeds, in the aggregate, 10 percent of the Am6unt 0f lnsurance slated in schedule A. (c) The Company will pay only those costs, attorneys' fees.and expemes incuned in actordance with Section 4 of these Conditions and Stipulations. L Apportionment. lf the land desaribed in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more 0f the parcels but not all, the lois shall be computed and settled 0n a pro lata basis as if lhe am6unt 0f insurance under this policy was divided pro rata as t0 the value on Date of Policy of each separate parcel'to tlie vrrhole, exclusive 0f any imprgvements made subsequent t0 Date of Policy, unleis a liability or value has otherwise been agreed-upon as t0 each parcel. bv the iomoanv and the insured al the time 0f the issuance 0f this policy and shown by ai e*press itatement 0r by an endorsement attached to this pollcy. 9. Limitation of Liability. (a) tf tne Company establishes the title, or removes tlre alleged defect, lien or encumbrance, or cur6s the lack of a right of access t0 0r from the land, 0r cures the claim 0f unmarketability of title, all as imured' in a reasonably diligent nanner by. .. any method, including lftigation and the completion 0f any appeals therefrom, it shall have fully performedits o.-bligations with respect t0 that matter and shall ngt be liable for any los or damage caused thereby. ft)in the event oiany litigation idtuding litigation by the Company u with the Company,s consent, thetompany shatt trave no liaUfityforbss ordanage until there has been a dnd delermination by'a court of competent Jurisdictlon, and disposition 0f a[ appeals thererom, adverse l0 the tltle as insured. (ij fne Cotnpany shall not be liable for loss or damage to any insured for liability voluniarily assdmei by the insured in settling any claim 0r suit without the prior writlen consenl of the Company. 10. Reduction of lnsurance; Reduction or Termination of liability. All payments mder this policy, except payments made fff costs, att0rneys' fees and expenses, shall reduce the amount of the insurance pro tanto' 1 1. Liabilitv Noncumulative. tt is expresty understood that the amounl of insurance under this policy shall. ne reCucei by any amount the Company may pay under any policy insuring a mortgage to which excepiion is taken in Scheduie B or td which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and wttich is a charge or lien on th6 estate or interest described or refened to in Schedula A, and the amount so paid shall be deemed a payrnent under this p0licy t0 the insured owner' 12. PavmentofLoss.- (r) Nr prymrtt tttll be made without producing this policy for endonement of the payment unliss the policy has been lost or destroy$, in-which case proof of loss or deitruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of los 0r damage has been definitely fixed in accoidance with tliese Conditions and Stipulatigns, the lgss 0r damage shall be payable within 30 days thereafter. 13. 5ubr00ati0n uDon Payment 0f Settlemenl' (a) The Conpany's Right of SubrEation. Wnenevei tie Company shall have settled and paid a claim under thls policy, all. right of subrogtion sliall vest in the Company unaffected by any act 0f the insured claimant. The Company shall be subrqated t0 and be enlitled to all rights and remedies which the insured claimant would have had against any penon or property ln respect to the claim had this policy not been issued. lf rquested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person 0r property necessary ln order t0 perfect this right of subrogatlon. The lnsured claimant inal pe-rmit ttre C6mpany to sue, compromise 0r settle in lhe name 0f the insured claimant and to use ihe name 0f the insured claimant in any transaction 0r litigation involvlng these rights or remedies. lf a fayment dn account of a claim does not fully cover the loss of the insured claimani, ihe Company shall be subrogated to these rights and remedies in the proportion which the Oompany's payment bears to the whole amount of the loss.' if loss should result from any act 0f the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be rquked. to pay only that part of any losies insured against by this policy which shall exceed tnd airourit, if ariy, lost to the Company by reason of the impairment by the insured daimant of the Company's right of subrogation. 0) The Company's Rights Against Non'insured 0bligors. ftre Company'i rfghfof subrogation against non'insured obligon shall exist and shall include, wiihouilimitation, the rights 0f the insured t0 indemniths, guaranties, other p0licies 0f insurance or bonds, notwithstanding any terms or conditions conlained in thoie instruments which provide for subrogation rights by reason of this policy. 14. Arbitration. Untes piotrinneO by applicable law, either the Company or the insured may demand arbitration'pursuant t0 the Title lnsurance Arbitration Rules of the American Arbilration Association. Arbitrable matters may include, but are not limited t0, any controversy or claim between the Company and the insured arising out of or relating to this pollcy, any service of lhe Company in connection with its issuance 0r lhe breach of a policy provision or other obligation' All arbitrable matters when the Amount 0f lnsuiance dt $t,000,000 or less shall be albitrated at the 0ption of either the Company or the insured. All aftitrable matters when the Amount of lnsurance is in excess of $1,000,000 shall be arbitrated only when agreed t0 by both the Company and lhe insured' Arbitratlon pursuant t0 this policy and under the Rules in effect on the date the demand for arbitration is made oI, at the optlon 0f the insured, the Rules in effect at Date of Policy shall be bindlng upon the parties. The award may include attomeys' fees only if tire laws of the state in which the tand is l0cated permit a court to award attirney's fees to a prevailing party. Judgment upon theaward rendered by the Arbitraio(s) may be entered in any court havlng jurisdlctlon lhereof. The law of the situs 0f lhe land shall apply to an arbitration under the Title lnsurance Arbitration Rules. A copy 0f the Rules may be obtained from the Company upon request. 1 5. Liability Limited to this Policy: Policy tntire Contract. (a) This iolicy together with all endorsements, if any, attacied iereto by the Comiany is tne -entiie policy and contract belween the insured and the Company' ln interpreting any pr0visl0n 0t this p0licy, this policy shall be construed as a whote. d) nnyitaim'ot toss 0r damage, whether 0r not based 0n negligence, and which arises oui of the status 0f the tltle t0 the estate 0r interest covered hereby or by any action asserting such claim, shall be restricted to lhis policy. .-(c) No amendmeit 0f or endorsement to this policy can be made except by awriting endoised hereon or attached hereto signed by either the Presideilt, a vice President' the Secretary, an Assistant Secrelary, or validating officer 0r authorized signatory of the Company. 16. Severability. ln the event'any provision of the policy is held invalid 0r unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. Notices, Where Sent. Itt notlces rquired to be glven the Company and any statement in writing.required to be fumished tlie Company shall include the number 0f this policy and shall be addressed t0 its Home 0ffici: 400 Second Avenue South, Minneapolis, Minnesota 5540'1, (612)371-1111. A0.0RT.3 Cover Page 3 of 3 LTG Policy No. LTHI63000601 Form AO/ORT Our Order No. GW63000601 Schedule A Amount $150,000.00 Property Address: 1. Policy Date: April28, 2008 at 5:00 P.M. 2. Name of Insured: MUSHROOM ROCK PARTNERSHIP, LLC, A COLORADO LIMITED LIABILITY COMPANY 3. The estate or interest in the Land described or referred to in this Schedule and which is covered by this policy is: A Fee Simple 4. Title to the estate or interest covered by this policy at the date hereof is vested in: MUSHROOM ROCK PARTNERSHIP, LLC, A COLORADO LIMITED UABILITY COMPANY 5. The Iand referred to in this poHcy is described as follows: SEE ATfACHED ''EXHIBTT A'FOR LEGAL DESCRIPTION This Policy valid only if Schedule B is attached. Land fitle Guarantee ComPanY Representing Old RepubHc National fitle Insurance Company LTG Policy No. LTEr63ooo6oI Our Order No. GW63000601 EXHIBIT "A' LEGAL DESCRIPTION A PARCEL OF LAND SITUATE IN LOT 1, SECTION 29, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO' BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND BRASS CAP L.S. 7734IN PLACE FOR THE NORTHEAST CORNER OF SECTION 29, TOWNSHIP 7 SOUTH, BANGE 88 WEST, WHENCE A FOUND B.L.M. ALUMINUM CAP IN PLACE FOR THE EAST Ti4 CORNER FOR SAID SECTION 29 BEARS S OO DEGREES 27'5I" W A DISTANCE OF 2677.88 FEET, WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE TIIERETO; THENCE S OO DEGREES 27'5I'' W ALONG THE EAST LINE OF SAID SECTION 29 A DISTANCE OF 78I.74FEE'T TO A POINT ON THE NORTIIEASTERLY RIGHT OF WAY FOR COLORADO STATE HIGHWAY NO. 82; THENCE ALONG THE NORTHEASTERLY RIGHT OF WAY LINE FOR SAID COLORADO STATE HIGHWAY NO. 82 THE FOLLOWING 5 COURSES: 1) 2S.11 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 3065.00 FEET AND WHOSE CHORD BEARS N 38 DEGREES 43'59'' W A DISTANCE OF 28.11 FEET; 2) N 3S DEGREES 44',46" W A DISTANCE OF 310.40 FEET; 3) N 39 DEGREES 45'46" W A DISTAQNCE OF 360.00 FEET; 4) N 25 DEGREES 43'4S" W A DISTANCE OF 206.20 FEET; si w sz DEGREES sz,zz" w A DISTANcE oF 105.26 FEET To A POINT oN THE NORTH LINE OF SAID SECTION 29; THENCE S 89 DEGREES 13'51'' E ALONG THE NORTH UNE OF SAID SECTION 29 A DISTANCE OF 621.94 FEET TO THE POINT OF BEGINNING COUNTY OF GARFIELD STATE OF COLORADO LTG Policy No. LTHI63000601 5. 6. Form AO/ORT Our Order No. GW63000601 Schedule B This policy does not insure against loss or damage by reason of the following: 1. Rights or claims of parties in possession not shown by the public mcords. 2. Easements, or claims of easements, not shown by the public records. g. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would diiclose and which are not shown by the public records. 4, Any lien, or ltght to a lien, for services, labor, or material theretofore or hereaftcr furnished, imposed by law and notshown by the Public records. 2OO8 TAXES AND ASSESSMENTS NOT YET DUE OR PAYABLE. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 27,1892IN BOOK 12 AT PAGE 140 RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 27,I8g2 IN BOOK 12 NT PAGE 140 TERMS, CONDMONS, PROVISIONS, OBLIGATIONS AND EFFECTS OF AGREEMENT RECORDED MARCH 9, 1987IN BOOK 706 AT PAGE 827. TERMS, CONDMONS AND PROVISIONS OF GARFIELD COUN"TY RESOLUTION NO. 95-063 RECORDED AUGUST 10, 19S5IN BOOK 949 AT PAGE 823. 10. TERMS, CONDMONS AND PROVISIONS OF AGREEMENT RECOBDED AUGUST 19' 1994IN BOOK 912 AT PAGE 973. 11.OVERHEAD POWER UNES AS SHOWN ON IMPROVEMENT SURVEY PLAT PREPARED BY TUTTLE SURVEYING SERVICES DATED FEBRUARY 2,2007 AND DATED MARCH 20,2007. 12.Ar\ry BouNDARy DISCREPANCY DUE TO THE LOCATION OF FENCE UNES AND TIIE EFFECT OF ANY RIGHT, TITLE OR INTEREST TTIAT MAY BE CLAIMED DUE TO ANY SAID DISCREPANCY AS SHOWN ON SURVEY MAP PREPARED BY TUTILE SURVEYING SERVICES DATED MARCH 20,2007. 7 8. 9. LTG Policy No. LTHI63000601 F'orm AO/ORT Our Order No. GW63000601 Schedule B ITEMS l THROUGH 3 OF STANDARD EXCPTIONS UNDER SCHEDULE B ARE HEREBY DELETED. ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELE'TED AS TO ANY LIENS RESULTING FROM WORK OR MATERIAL CONTRACTED FOR OB FURNISHED AT THE REQTIEST OF GLENWOOD LAND COMPANY, LLC, A COLORADO LIMITED LIABILITY COMPANY. OLD REPUBUC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERI.AL FURNISHED AT THE REQUEST OF MUSHROOM ROCK PARTNERSHIP, LLC, A COLORADO LIMITED LIABILITY COMPANY. F l^andlltlc@ nNSa@An *Sin t96l* Customer Distribution Order Number: GW63021 037 Property Address:10211 HIGHWAY 82, CARBONDALE, CO 81623 Dale'.O210812O24 For Closing Assistance For Title Assistance Land Title Garfield County Title Team 901 GRANDAVENUE#202 GLENWOOD SPRINGS, CO 81 601 (970) 945-2610 (Work) (970) 945-4784 (Work Fax) glenwoodrcsponse@ltgc.com Seller/Owner MUSHROOM ROCK PARTNERSHIP, LLC Attention: CO LAND MANAGEMENT LLC Delivered via: Electronic Mail Prevent fraud - Please call a member of our closing team for wire transfer instructions or to initiate a wire transfer. Note that our wiring instructions will never change. * ALTA COMMITMENT Old Republic National Title lnsurance Gompany Schedule A Order Numbor: GW63021 037 Property Address: 1 021 1 HIGHWAY 82, CARBONDALE, CO 81 623 1, Etlectivs Date: 0111512024 at 5:00 P.M. 2, Policy to be lssued and Proposed lnsured: "TBD" Commitment Proposed lnsured: A BUYER TO BE DETERMINED 3. The estate or interest in the land descrlbed or referred to in this Commltment and covered herein is: FEE SIMPLE 4, Title to the ostate or interest covered hereln is at tho effective date hersof vosted in: MUSHROOM ROCK PARTNERSHIP, LLC, A COLORADO LIMITED LIABILITY COMPANY 5, Ths Land referred to in this Commitmont is described as follows: $0.00 A PARCEL OF LAND SITUATE IN LOT 1, SECTION 29, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND BRASS CAP L.S. 7734 IN PLACE FOR THE NORTHEAST CORNER OF SECTION 29, TOWNSHIP 7 SOUTH, RANGE 88 WEST, WHENCE A FOUND B.L.M. ALUMINUM CAP IN PLACE FOR THE EAST 1/4 CORNER FOR SAID SECTION 29 BEARS S 00"27'51'W A DISTANCE OF 2677.86 FEET, WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE S 00"27'51' W ALONG THE EAST LINE OF SAID SECTION 29 A DISTANCE OF 781 .74 FEET TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY FOR COLORADO STATE HIGHWAY NO. 82; THENCE ALONG THE NORTHEASTERLY RIGHT OF WAY LINE FOR SAID COLORADO STATE HIGHWAY NO, 82 THE FOLLOWING 5 COURSES: 1) 28.11 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 3065.00 FEET AND WHOSE CHORD BEARS N 38'43'59' W A DISTANCE OF 28,11 FEET; 2) N 38"44'46' W A DISTANCE OF 310.40 FEET; 3) N 39'45'46" W A DISTANCE OF 360.00 FEET; 4) N 25'43'46'W A DISTANCE OF 206.20 FEET; 5) N 52"52'22. W A DTSTANCE OF 105.26 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 29; THENCE S 89"13'51 " E ALONG THE NORTH LINE OF SAID SECTION 29 A DISTANCE OF 621 .94 FEET TO THE POINT OF BEGINNING COUNTY OF GARFIELD STATE OF COLORADO Copyright 2006-2024 American Land Title Association. All rights reserved. The use ol this Form is restricted to ALTA licensees and ALTA members in good standing as ol the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. I AMERICAN IAND TITLE /r9socr,trroNG ALTA COMMITMENT Old Republic National Tltle lnsurance Company Schedule B, Part I (Requlroments) Order Numbor: GW63021 037 All of the lollowlng Requirements must be mel: This proposod lnsured must notify the Company in wrlting of the name of any party not reterred to in this Commltmsnt who wlll obtain an interest in the Land or who wil! make a loan on the Land' The Company may th6n make addltlonal Requirements or Excoptions. 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 satlsfactory to the Company that convey the Title or create the Mortgage to bo insured, or both, must be properly authorlzod, executed, dellvered, and recorded in ths Publlc Records. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. ALTA COMMITMENT Old Republic National Title Insurance Gompany Schedule B, Part ll (Exceptions) Order Number: GW53021037 This commitmont does not republlsh any covenants, condltlon, rsstrlction, ol limltatlon contained ln any document referred to In this commatmsnt to the extent that the specific covenant, condltlons, restriction, or llmitation violates state ot federal law based on race, color, rellgion, sex, sexual orientatlon, gender identlty, handicap, famlllal slatus, or natlonal origln. 1. Any lacts, rights, intelests, or clalms thsreof, not shown by the Publlc Records but that could be asiertained by an inspection of the Land or that may be asserted by persons ln possession of the Land. 2. Easements, llens or encumbrances, or claims thereot, not shown by the Publlc Records' 3. Any encroachment, encumbran@, violation, variatlon, or adverse circumstance affectlng the Titls that would be disclosed by an accurate and complete land survey of the Land and not sho$tn by the Publlc Records. 4, Any llen, ot rlght to a llen, lor services, labor or material heretolore or hereafter furnished, imposed by law and not shown by the Public Rocords. S. Defects, liens, oncumbrances, adverse clalms or other mattsrsr il any, created, first appearlng in the public records or attaching subsequent to the effrective date hereof but prior to tho date of the proposed insured acquires of record for value th6 estate or interest or mortgage therson covored by this Commitment. 6. (a) Taxes or assessments that are nol shown as exlsting liens by the records ol any taxlng autholity that levles taxes or assessments on real property or by the Publlc Records; (b) proceedings by a public agsncy that may result in taxes or assessmsntsr or notlcos of such procesdlngs, whether or not shown by the records ol such agsncy or by the Public Records. Z. (a) Unpatented mlning clalms; (b) reservatlons or exceptions ln patents or ln Acts authorlzlng the issuanca thoreof; (c) water rlghts, clalms or tltle to water. 8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 27, 1892 IN BOOK 12 AT PAGE 140 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORIry OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 27, 1892 IN BOOK 12 AT PAGE ltt0 10. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND EFFECTS OF AGREEMENT RECORDED MARCH 9, 1987 lN BOOK 706 AT PAGE 827. 11. TERMS, CONDITIONS AND PROVISIONS OF GARFIELD COUNry RESOLUTION NO. 95-063 RECORDED AUGUST 10, 1995 IN BOOK 949 AT PAGE 823. 12. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED AUGUST 19, 1994 IN BOOK 91 2 AT PAGE 973. 13. TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS ENERGY RIGHT-OF-WAY EASEMENT RECORDED OCTOBER 22,2010 UNDER RECEPTION NO, 793356. 14. TERMS, CONDITIONS AND PROVISIONS OF WATER ALLOTMENT CONTRACT RECORDED OCTOBER 08, 2014 UNDER RECEPTION NO.854540, 15. TERMS, CONDITIONS AND PROVISIONS OF LAND USE CHANGE PERMIT RECORDED JULY 11, 2017 UNDER RECEPTION NO. 894605. ALTA COMMITMENT Old Republlc National Tltle lnsurance Company Schedule B, Part ll (Exceptions) Order Number: GW63021037 16. TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS ENERGY UNDERGROUND RIGHT-OF-WAY EASEMENT RECORDED JANUARY 07,2021 UNDER RECEPTION NO.948261 AND RE-RECORDED FEBRUARY 3, 2021 UNDER RECEPTION NO. 949714. 17, TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT RECORDED JANUARY 07,2021 UNDER RECEPTION NO.948262. 18. OVERHEAD POWER LINES AS SHOWN ON IMPROVEMENT SURVEY PLAT PREPARED BY TUTTLE SURVEYING SERVICES DATED FEBRUARY 2, 2OO7 AND DATED MARCH 20,2OO7. a F LandTitld @lMNtat@hN *SiN 1967* Land Title Guarantee GomPany Disclosure Statements Note: Pursuant to CRS 10-11-122, notice is hereby given that: (A) The Subject real property may be located in a special taxing district' (B) A cenilicate ol taxes due listing each taxing jurisdiction will be obtained lrom the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy ol Title lnsurance pertaining to a sale of residential real property). (C) The information regarding special districts and the boundaries ol such districts may be obtained lrom the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Etfective September 1, 1997, CRS 30-10-406 requires that all documents received lor recording or filing in the clerk and recorder's otfice shall contain a top margin ol at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or lile any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or liling inlormation at the top margin of the document. Note: Colorado Division of lnsurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible lor recording or filing ol legal documents resulting lrom the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing ol the insured transaction and is responsible for recording the legal documents lrom the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Nots: Atlirmative mechanic's lien protection lor the Owner may be available (typically by deletion ol Exception no. 4 ol Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: (A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (B) No labor or materials have been furnished by mechanics or material-men lor purposes of construction on the land described in Schedule A ol this Commitment within the past 6 months. (C) The Company must receive an appropriate alfidavit indemnilying the Company against un{iled mechanic's and material-men's liens. (D) The Company must receive payment ol the appropriate premium' (E) lf there has been conslruction, improvements or major repairs underlaken on the property to be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage lor unrecorded liens will include: disclosure ol certain construction inlormation;linancial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed lndemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination ol the aloresaid inlormation by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-1 1-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from lhe surlace estate, in Schedule B-2. (A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed lrom the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: pursuant to CRS 1 0-1 -128(6Xa), lt is unlawful to knowingly provide false, incomplete, or misleading lacts or inlormation lo an insurance company lor the purpose ol delrauding or attempting to delraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or inlormation to a policyholder or claimant for the purpose of defrauding or attempting to delraud the policyholder or claimant with regard to a settlement or award payable lrom insurance proceeds shall be reported to the Colorado Division ol lnsurance within the Department ol Regulatory Agencies. Note: Pursuant to Colorado Division of lnsurance Regulations 8-1-3, notice is hereby given ol the availabili$ of a closing protection letter lor the lender, purchaser, lessee or seller in connection with this transaction. Note: Pursuant to CRS 24-21-514.5, Colorado notaries may remotely notarize real estate deeds and other documents using real-time audio-video communication technology. You may choose not to use remote notarization for any document. --SiDe 1967* Joint Notice of PrivacY PolicY of Land Title Guarantee GomPanY Land Title lnsurance Corporation and Old Republic National Title lnsurancy Gompany This Statement is provided to you as a customer ol Land Title Guaranlee Company as agent lor Land Title lnsurance Corporation and Old Republic National Title lnsurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements ol tederal and state privacy laws. lnlormation security is one of our highest priorities. We recognize that maintaining your trust and conlidence is the -bedrock of our business. We maintain and regularly review internal and external saleguards against unauthorized access to your non-public personal inlormation ("Personal lnlormation'). ln ihe course ol our business, we may collect Personal lnformation about you from: applications or other forms we receive lrom you, including communications sent through TMX, our web-based transaction management system ; your transactions with, or lrom the services being performed by us, our affiliates, or others; a consumer reporting agency, il such inlormation is provided lo us in connection with your transaction; and The public records maintained by governmental entities that we obtain either directly from those entities, or lrom our atf iliates and non-afliliates. Our policies regarding the protection of the confidentiality and security of your Personal lnformation are as follows: We restrict access to all Personal lnformation about you to those employees who need to know that information in order to provide products and services to you. We may share your Personal lnlormation with affiliated contractors or service providers who provide services in the course of our business, but only to the extent necessary lor these providers to perform their services and to provide these services to you as may be required by your transaction. We maintain physical, electronic and procedural safeguards that comply with lederal standards to prolect your Personal lnformation lrom unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly assess security standards and procedures to protect against unauthorized access to Personal lnlormation. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT STATED ABOVE OR PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal lnlormation may be disclosed. We may disclose your'Personal lnformalion when you direct or give us permission; when we are required by law to do so, for example, il we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal lnformation when otherwise permitted by applicable privacy laws such as, lor example, when disclosure is needed to enlorce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, oithe breach thereof, shall be settled by arbitration in accordance with the rules ol the American Arbitration Association, and iudgment upon the award reirdsrod by the arbitrato(s) may be gntered in any ceurt having iutisdiction ther6of. +r|t *+* Commitment For Title lnsurance lssued by Old Republic NationalTitle lnsurance Company NOTICE TMPORTANT-READ CAREFULLY: THIS COMMITMENT lS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANcE ior-tcies. er-r- cLttMS oR REMEDtEs soUGHT AGAINST THE coMPANY INVoLVING THE coNTENT oF THls COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. * I + q, THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE. OR OTHER NEPRCSEruTNTION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF ine iriti, rr.rcr_uorruo alry sElRcn INDEXAM|NATToN, ARE pRopRTETARY To rHE coMPANY, wERE PEHFoRMED SoLELY FoR THE BENEFIT oF rnE corurilr,ry, lr,ro cREATE No EXTRAcoNTRAcTUAL LtABlLtrY 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 ICconoauce wrrH THE TERMS AND PRoVIsIoNS oF THIs coMMITMENT. THE COMPANY HAS NO LIASILITY OF OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. . COMMlTHENT TO ISSUE POLICY Subject to the Noiice; Scheduls B, Part l-nequirements; Schedule B, Part ll-Exceptions; and the Commitment Conditions, Old Rapublic Nalional Tille lnsurance Conip""fr, " l,f inn!.,jti corporation ltne "Comtiany"), commits to issue.the Policy rciording to thelerms and provisions of this Commitment. This Commitment is efleciive as of the Commitment Dato shown in Schedule A for each Policy descrlbed in Schedule A, only when the Company has enlered in Schedule A bolh the specified dollar amounl as the proposed Policy Amount and the name ollhe Proposed lnsured. lf.all of theSch€dulo B, Part l-Requiremenls have not been mel within 6 monihs after the Commitment Date, this Commitmsnt terminates and ths Company's Iiability and obligation end. COMIIITMENT CONDITIONS 1. DEFINITIONS (a)"Knowledge'or.Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. ibi"fana': fn-e tanO Aescribed in Scheduie A and alfixe; improvements that by law conslitute real propsrty. The term'Land" does not include any '-property Oeyond tne lines of the area described in Schedule A, nor any right, title, inteGst, eslat6, or easement in abutting streels, roads, avenues, ilteys, tanei, *ays, or *ite*"ys, Out ttri" Ooes not modify or limit theextent that a right of amess to and lrom lho Land is lo be insured by the Policy' (c)"Mortgage": A mirtgage, dosd ;f trust, or other ssurity inslrument, including one svidenced by electronic means authorizsd by law. ial,,eoticy;,Eachcon-iractoftiilelnsurance,inaformad;ptedbylheAmsricanLandTilleAssmiation,issuedortobeissuedbytheCompany pursuant to this Commitment. (e) "proposedlnsured',:EachpersonidentifiedinScheduleAastheProposedlnsuredoteach.PolicytobeissuedpursuanttoihisCommilment. i0'"propbsed policy Amouni.: Each dollar amounl spscifisd in Schedule A as the Proposed Policy Amount of each Policy to be issued puFuant to this Commitment. (g).p;UiichmorOs": necords established under state statutes at the Commitment Date for ths purpose of imparting conslructive notice of mattsrs relatinq to real property to purchasers tor value and wilhout Knowledge' (h)"Titls": Tha estate or interest described in Schodule A. 2. lf all of the Schedule B, part l-Requirements have not been mst within the time period specilied in the Commitment to lssue Policy, Commilment terminates and the Company's liability and obligation end. 3-TheCompany'sliabilityandobligationislimilodbyandthisCommitmentisnotvalidwithout: (a)lhe Nolice; (b)the Commilment to lssue Policy; (c) the Commilment Conditions; (d)Schsdule A; (e)Schedule B, Parl l-Requirements; and (0 Schedule B, Pan ll-Exceptions; and ig)a countersignature by the Company or its issuing agent that may be in alectronic form' 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commilment at any time. lf the Company amends this Commitment to add.a detect, lien, encumbrance, advorse claim, or other maiter imorded in the public Records prior to lhe Commitment Dite, any liability of the Company is limited by Commitment Condition 5' The Company shall not be liable lor any olher amendment to this Commitment' 5. LII'ITATIONS OF LIABILITY (a)The Company's liability under Commitment Condilion 4 is limited to ths Propossd lnsured's actual expenss incu(ed in the interual between tho' Company,s dllivery to the proposed lnsured of the Commitment and the dalivery of the amended Commitment, rssulting trom the Proposed lnsured's good taith rsliance to: L comply with the Schedule B, Part l-Requirementsi ii. elimin;to,wilhtheCompany'swrittenconsent,anyScheduleB,Partll-Excsptions;or iii. acquire the Titls or create the Mortgage covered by lhis Commitment (blThe Company shall not be liabls under Corimitment Condition 5(a) il the Proposed lnsurod requested the amendmant or had Knowlodgs of the matter and did not notify the Company about it in wriling. 1c1The Company will onlyiave liabllity under Commitment Condition 4 il the Proposed lnsured would not have incurred the expense had the' ' Commitmenllncludod the addod maltsr whsn the Commitmsnt was first dslivered to the Propossd lnsured. 1d;itre Company's lability shall not exceed the lesser ot the Proposed lnsured's actual expenso incurred in good faith and described in Commilmant Conditions s(axi) through 5(a)(iii) or the Proposed Policy Amount. (e)The Companll6atl not be liabie for lhe content ol the Transaction ldentilication Dala, it any. iq'ln no event sfiall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Scheduls B, Part l-Requirsments have been mst to the satisfaction of the Company. (g)ln any event, lhe Company's liability is limited by the torms and provisions ot the Policy' 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a)Onty a proposed lnsured identified in Schedule A, and no other person, may make a claim under.lhis Commitment. iUiAny ctair rust Oe based ln contract and must be restricted solely to lhe terms and provisions ofthis Commitment. i"i Uniif fft" policy is issued, this Commitment, as last revised, is th; exclusive and entire agreement between the partiss with resp4l to tho subject matter of thls Commilment and supersedss all prior commitment negotiations, represeniations, and proposals of any kind, whethel wriltsn or oral, express or implied, relating to lhe subiect matter of lhis Commitmant' + * + i (d)The d€letion or moditication of any Schadule B, Part ll-Exception does not consiilute an agreement or obligation to provide coverage beyond thE ierms and provisions of lhis Commitment or the Policy. (a)Any amsndment or endorsement to this Commitmsnt must be in writing and aulhenticated by-a psrson authorized by the Company itf Wtien tne eoticy is issued, all liability and obligation under lhis Commitment will end and tho Company's only liabllity will be under ths Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not tho Company's agenl for ths purposs of providing closing or settlement seruices. 8. PRO-FORIIA POLICY The Company may pbvids, ai the request ol a Proposed lnsured, a pro-torma policy illustrating tha covsrage that the Company may pruide. A projorma policy neiihsirefb;is the Btratus of Titis at tho time thel ths pro-forma policy is dElivsred to a Proposed lnsuled, nor i3 it a commitment to insure. 9. ARBITFATION Ths policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or lsss shall be arbitrated at the oplion ol eilher the Company or the Proposod lnsured as the exclusive remedy of ihe parties. A Propossd lnsured may raviow a copy of the arbitretion rules at http//ww.alta.org/arbitration. lN WITNESS WHEREOF, Land Title lnsurance CorpoEtion has caused its corporate name and seal lo be alfixed by its duly authorized officers on ths date shown in Scheduls A io be valid when countersigned by a validating olficor or olher authorizsd sionatory. lssued by: Land Title Guarantee Company 3033 East First Avanue Suite 600 Denver, Colorado 80206 303-321-1 880 {Hk A Stock Conpatry 400 9ffind Aww South, Miwpolis, Mim$otr 55401 (612)i7t-1111 lgt'^,b o h;*xi.,,,e,il Ey Pt$id@t SocrehryCraig B. Rants, Sdnior Vice President Aft$t This page is only a pan of a 20l 6 ALTA@ Commitmenl lo/ Title lnsurancs issued by Old Rspublic National Title lnsurance Conpany. This Commitment is not valid;iihout the Noiice; the Commitment to lssue Policy; the Commitmenl Condilions; Schedu16 A; Schedule B, Pert l-Requiremenls; and Schedule B, Part ll -Exceptions; and a counter-signature by the Company or its issuing agsnt that may be in electronic form Copyright 2006-201 6 American Land Title Association. All rights rsserued. The use of this Form (or any dsrivative thereot) is rsstrjcted to ALTA licensees and ALTA members in good standing as of lhe date of use. All olher uses are prohibited. Rsprintsd under licsnso from lhe American Land Title Association.