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HomeMy WebLinkAbout1.00 General Application Materials1 (( 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: 2393-342-00-028 PRE-APP DATE: 8/30/23 updated 10/27/23 PROJECT: Gianinetti Family Community Meeting Facility Substantial Modification OWNER: Gianinetti Family LLLP REPRESENTATIVE: Ernie Gianinetti and Tanner Gianinetti PRACTICAL LOCATION: 343 County Road 166 (also known as Cowen Dr.) Carbondale, CO 81623 ZONING: Rural TYPE OF APPLICATION: Substantial Amendment to Community Meeting Facility Land Use Change Permit I. GENERAL PROJECT DESCRIPTION Wedding Venue – Community Meeting Facility The Applicant received approval of an Administrative Land Use Change Permit for a Community Meeting Facility by Resolution No. 2018-37. The Approval contains Condition #1 which indicates that “That all representations made by the Applicant in the application shall be conditions of approval unless specifically altered by the conditions of approval ” The Application Submittal included in Section 2 – Application Background, Narrative and Supportive Information on pages 5 and 6 a Development Overview that detailed the proposal including capacity, time frame, facilities, and the Max # of events per year. The Maximum number of events was 30 per year. The Applicant would like to amend the maximum number of events to include options for more events including smaller gatherings and events with a community focus. 2 The Director Determination is that the change to the condition is a substantial modification and will require submittal of an application, referral to the Board of County Commissioners and a noticed public hearing. A focused list of submittal requirements specific to the impact of increasing the number of events is outlined below. The Application will need to demonstrate ongoing compliance with all existing conditions of approval including water, wastewater, and floodplain development provisions. Other updates to the operations plans may also be appropriate. II. SUMMARY OF REGULATORY PROVISIONS AND PROCESS REQUIRED Community Meeting Facility • Garfield County Comprehensive Plan 2030 as amended • Garfield County Land Use and Development Code as amended o Article III, Zoning ▪ Rural Zone District - Lot/Building Requirements (Table 3-201) and Use Table (Table 3-403) o Article IV, Application and Review Procedures ▪ Administrative Review Process (Section 4-103) ▪ Common Review Procedures (Section 4-101) ▪ Table 4-102 Common Review Procedures and Required Notice ▪ Application Materials (Table 4-201 and Section 4-203) ▪ Sections 4-118 and 4-202, Submittal Waivers and Waivers from Standards o Article VII, Standards – Division 1 General Standards, Division 2 General Resource Protection Standards, Division 3 Site Planning – as applicable III. ADMINISTRATIVE REVIEW PROCESS The Administrative Review process is outlined in the summary below consistent with Sections 4-101, 4-103 and Table 4-102: 1. Pre-application Conference 2. Submittal of 3 hard copies of the Application along with 1 Digital PDF copy. 3. Review by staff for Technically Complete Status. 4. If Technically Complete the Applicant will be notified. 5. As the original permit was approved by the Board of County Commissioners, the Director may refer the Application up to the Board for review at a public hearing. 6. Applicant completes public notice mailing by certified mail to adjacent property owners within 200 ft. and mineral rights owners on the property. The mailing is required to be a minimum of 15 days prior to the public hearing. 7. Staff prepares a report including public and referral comments. 8. The Board shall conduct a public hearing for a decision on the Substantial Modification request. 3 9. The Amended Permit is issued once all conditions of approval have been met. 10. The Applicant has one year from the date of the decision to address the conditions of approval. Extensions can be requested. IV. SUMMARY OF SUBMITTAL REQUIREMENTS • General Application Forms and attachments including agreement to pay form, application fees, evidence of ownership such as a deed for the property, and narrative description of the proposal. The general information also needs to include a list of property owners within 200 ft. and any mineral rights owners on the subject property. • Where ownership is held in a trust or Family Partnership, documents will need to be provided establishing who has authority to sign as representative of the Trust or Partnership. • Vicinity Map (including the area generally within 3 miles of the site) • Specific text for changes to the Development Overview for the maximum number of events. This should include related provisions such as Time Frame, water, wastewater, and hours of operation that may be affected by the change. • Any changes or updates to the Site plan including parking that will be impacted by the change in the maximum number of events. • Any changes to infrastructure required by the increase in number of events. • Any changes in traffic generation based on the increase in number of events. • Any changes to Impact Analysis based on the increase in number of events. • Any changes to Compatibility issues (Section 7-103) based on the increase in number of events (such as noise mitigation). • Updates on any other topics/standards including Article 7 standards based on the increase in number of events (such as fire protection/emergency response) • Copy of existing Land Use Change Permit and Resolution of Approval • Documentation/confirmation of compliance with all current conditions of approval. The Application submittal needs to include 3 hard copies of the entire Application and 1 Digital PDF Copy of the entire Application (on a CD or USB Stick). Both the paper and digital copies should be split into individual sections. Please refer to this pre -application summary for submittal requirements that are appropriate for your Application. V. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: ___ Director Decision with notice (Administrative Review) ____ Planning Commission _X__ Board of County Commissioners (referral to BOCC by Director) ____ Board of Adjustment c. Anticipated Referral Agencies may include but are not limited to: 4 Garfield County Attorney, Carbondale Fire Protection District, Town of Carbondale, Garfield County Environmental Health Manager, Garfield County Vegetation Manager, County Consulting Engineers VI. APPLICATION REVIEW FEES a. Planning Review Fees: $__250.00_(Administrative Review) b. Referral Agency Fees: $____na__ (may be billed separately) c. Total Deposit: $__250.00__ (Administrative Review) 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. VIII. PRE-APPLICATION SUMMARY PREPARED BY: Glenn Hartmann Date Acting Director 5 A. Section 4-103 Administrative Parcel Physical Address Owner Account Num Mailing Address 239316300954 Not available CARBONDALE BUREAU OF LAND MANAGEMENT R043957 2300 RIVER FRONTAGE ROAD SILT, CO 81652 239316300954 Not available CARBONDALE BUREAU OF LAND MANAGEMENT R043957 2300 RIVER FRONTAGE ROAD SILT, CO 81652 239327300005 12431 82 HWY CARBONDALE SULLIVAN, KATHLEEN B & ROXANNE C R111467 12431 HWY 82 CARBONDALE, CO 81623 239327300026 12433 82 HWY CARBONDALE GIROUX, LARRY D R111477 12433 HWY 82 CARBONDALE, CO 81623 239327325012 840 LATIGO LOOP CARBONDALE BYRNE, JAMES P III & CHRISTINA M R580061 840 LATIGO LOOP CARBONDALE, CO 81623 239327325014 851 LATIGO LOOP CARBONDALE LITCHFIELD, STORY R580063 PO BOX 881 NORTHEAST HARBOR, ME 04662 239327325029 Not available CARBONDALE GIANINETTI, MITCH & DENISE R580078 0022 MESA AVENUE CARBONDALE, CO 81623-1585 239327325031 850 LATIGO LOOP CARBONDALE TURNER, JAMES T & PAULA V R045188 PO BOX 671 CARBONDALE, CO 81623 239327325032 651 COWEN DR CARBONDALE HUTCHISON, ADAM POVEY & HANNAH CLARK R045189 651 COWAN DRIVE CARBONDALE, CO 81623 239327325033 641 COWEN DR CARBONDALE MILLS, STEVEN A REVOCABLE TRUST R045190 641 COWEN DRIVE CARBONDALE, CO 81623 239327325034 Not available CARBONDALE GIANINETTI, ERNEST & CAROL R045191 592 COWEN DRIVE CARBONDALE, CO 81623 239328400015 640 106 COUNTY RD CARBONDALE CARBONDALE, TOWN OF, A COLORADO HOME RULE MUNICIPAL CORPORATION R011036 511 COLORADO AVENUE CARBONDALE, CO 81623 239328400027 Not available CARBONDALE CARBONDALE, TOWN OF R111473 511 COLORADO AVENUE CARBONDALE, CO 81623 239328415008 950 COWEN DR CARBONDALE RUX REAL ESTATE INVESTMENTS, LLLP R590046 950 COWEN DRIVE CARBONDALE, CO 81623 239328415009 Not available CARBONDALE CARBONDALE, TOWN OF R590047 511 COLORADO AVENUE CARBONDALE, CO 81623-2067 239328415009 Not available CARBONDALE CARBONDALE, TOWN OF R590047 511 COLORADO AVENUE CARBONDALE, CO 81623-2067 239328415011 920 COWEN DR CARBONDALE CARBONDALE HOTEL INVESTORS, LLC R083396 11456 OLIVE BLVD SUITE 210 ST LOUIS, MO 63141 239328425013 841 LATIGO LOOP CARBONDALE BENNETT, LINDSAY ERIN & HELMIG, JESSE HOWARD R580062 841 LATIGO LOOP CARBONDALE, CO 81623 239328426001 909 COWEN DR CARBONDALE NDW DOWN VALLEY LLC R590329 PO BOX 9063 ASPEN, CO 81612 239328426002 913 COWEN DR CARBONDALE SCHUBERT, MICHAEL R590330 913 COWEN DRIVE CARBONDALE, CO 81623 239328426003 917 COWEN DR CARBONDALE WHITCOMB, JANNETTE L R590331 917 COWEN DRIVE CARBONDALE, CO 81623 239328426004 921 COWEN DR CARBONDALE MEHLSCHAU, DEREK JOHN & CASH MEHLSCHAU, REBECCA LEE R590332 657 BUCK BOARD COURT CARBONDALE, CO 81623 239328426005 925 COWEN DR CARBONDALE BERRY, KYLE-LEIGH R590333 925 COWEN DRIVE CARBONDALE, CO 81623 239328426006 Not available null 239334100342 Not available CARBONDALE NIESLANIK INVESTMENTS LLC &R111899 979 COUNTY ROAD 101 CARBONDALE, CO 81623-2183 239334100382 Not available CARBONDALE HITE, HENRY HARRIS REVOCABLE TRUST UNDER TRUST AGREEMENT DATED 11/21/75 R112050 PO BOX 155 WOODY CREEK, CO 81656 239334200028 644 COWEN DR CARBONDALE GIANINETTI FAMILY LLLP R111320 592 COWEN DRIVE CARBONDALE, CO 81623 239334200029 554 COWEN DR CARBONDALE RANCHO K BAR J R T R011138 PO BOX 132 CARBONDALE, CO 81623 239334225017 621 COWEN DR CARBONDALE JOHNS, GEOFFREY & MAUREEN MCKENNA R580066 621 COWEN DRIVE CARBONDALE, CO 81623 239334225025 Not available CARBONDALE GIANINETTI, MARK E & ANN MARIE R580074 582 COWEN DRIVE CARBONDALE, CO 81623 239334225026 Not available CARBONDALE GIANINETTI, MARK E & ANN M R580075 582 COWEN DRIVE CARBONDALE, CO 81623 239334225027 592 COWEN DR CARBONDALE GIANINETTI, ERNEST & CAROL R580076 592 COWEN DRIVE CARBONDALE, CO 81623 239334225028 Not available CARBONDALE CARDIFF TRUST DATED 11/30/23 R580077 506 MESA VERDE AVENUE CARBONDALE, CO 81623 ROW Not available null ROW Not available null Mark Chain Consulting, LLC Page 1 811 Garfield Avenue Carbondale, CO 81623 Ph 970.309.3655 Fax 970.963.2916 mchain@sopris.net April 11, 2018 Glenn Hartman, Principal Planner Garfield County Department of Community Development 108 8th St., Suite 401 Glenwood Springs, CO 81601 RE: Completeness Review Gianinetti Community Mtg. Facility(GAPA-02-18—8608) Gianinetti Lodging Facility (LIPA-02-18-8614) Dear Glenn: Below please find my responses to your letter of March 22, 2018. 1. Change in ownership to LLLP. The application forms have been updated to reflect the ownership as an LLLP. 2. A statement of authority has been signed and recorded. Find recorded document attached. 3. Site plan - updated to indicate Cowen Drive. The right-of-way has been relabeled to show Cowen Drive. In addition, the property boundary has been clarified to show that the Gianinetti property has legal access directly from that public right-of-way – which is a Town of Carbondale right-of-way. Note: a portion of the site directly adjacent to Cowen Drive was once annexed into the town and part of the Gianinetti subdivision. This area was de-annexed in the early 1990s. The site plan is being provided under separate cover. 4. Mineral rights. The property owners (LLLP) own all mineral rights associated with the property. I search records at the Garfield County Clerk and Recorder’s office on March 29. Previous owners, Ben and Alphonsine Gianinetti assigned 3 oil and gas leases over time. These did not produce within the defined time period of the lease and were not assigned to other persons or entities. Ben and Alphonsine deeded the property to Ernest and Carol Gianinetti in 1961 (deed recorded at Book 333, Page 504). They reserved one half interest in oil, gas and other minerals. Ben and Alphonsine never assigned these mineral rights. Documentation was provided as part of a Petition for Abatement (BOCC Mark Chain Consulting, LLC Page 2 811 Garfield Avenue Carbondale, CO 81623 Ph 970.309.3655 Fax 970.963.2916 mchain@sopris.net Resolution # 96-013) that the grantors (Ben and Alphonsine) are deceased and that the mineral interests are no longer severed. Resolution attached. 5. Property owners within 200 feet. We have double checked the list of adjacent property owners and generated a new list. Attached. We will also check for changes mailing any public notices. 6. Complete Water Supply Plan. A private well will be drilled in order to provide water for both the Event/Meeting area as well as the Lodging/Guest ranch. We will order pump testing and water quality testing as a condition of approval. Therefore, we are submitting a waiver request per Section 4 – 202. Below are the criteria outlined for a submittal waiver and responses. C. Review Criteria (Section 4 – 202 C). 1. The Applicant shows good cause for the requested waiver; Response: The owner’s request that pump testing and water quality testing be proposed as a condition of approval. The well has not yet been dug. The Giannetties own numerous wells in the area may have had no trouble obtaining water. The Roaring Fork River bottom land has plentiful groundwater. 2. The project size, complexity, anticipated impacts, or other factors support a waiver; Response: the size of the proposed project is consistent with rural/agricultural uses in the area. It would appear that there would be no negative impacts associated with drilling another well. 3. The waiver does not compromise a proper and complete review; and Response: An adequate review can be undertaken with the land use change permits. 4. The information is not material to describing the proposal or demonstrating compliance with approval criteria. BOCC RESOLUTION NO. 96-013 (RELATED TO MINERAL RIGHTS) CIVIL ENGINEERING, LAND SURVEYING & BEYOND 923 Cooper Ave #201, Glenwood Springs, CO 81601 | (970) 945-5252 | bu-inc.com 1 August 12, 2024 Tanner Gianinetti, Manager The Gianinetti Family LLLP 644 Cowen Drive Carbondale CO 81623 RE: Spring Creek Ranch Event Center Auxiliary Turn Lane Requirements Evaluation Proj. No. 12021.01 Dear Tanner, Per our understanding the Gianinetti family wants to expand the Event Centers operation period from the limited 30 weekends per year to where the Center would be allowed to operate any day of the year, year round. The following traffic study was completed to determine if auxiliary turn lane improvements would be required at the Cowen Drive entrance for the Spring Creek Ranch Event Centers. Since 2018, Spring Creek Guest Ranch Event Center operates, as permitted by Garfield County, 30 weekends per year. These events include mostly weddings, private gathers and business meetings/banquets. A traffic study was completed for these weekend events and is included in an “Engineering Report Gianinetti Spring Creek Ranch” on February 15, 2018, by Boundaries Unlimited Inc. Cowen Drive’s entrance to Spring Creek Ranch is located in northern Carbondale approximately 260 feet southeast along Cowen Drive (Changes to N. 8th Street in this section) from the Latigo Loop intersection (See attached Map). Cowen Drive/ N. 8th Street is a local collector street connecting between the North of end of Carbondale on HWY 133 to Carbondale’s Downtown Main Street. Event Centers Week Day Generated Traffic The closets similar event found in the ITE Trip Generation Manual, 10th Ed. Sept. 2017 for business meetings, seminars, and community gatherings with short arrival and departure times is a Sunday Church Service event. Two studies shown on Page 208 of Volume 2, (Land Use 560) provide the following information: - Avg No. of Seats: 750 - Avg Person Trip Rate Generation per Seat: 0.53 - Directional Distribution: 50% Entering, 50% exiting - “Estimated” Generated Traffic northbound/southbound ratio: NB 20% / SB 80% This analysis is based on the Event Centers maximum capacity of 200 persons (seats). - Peak Hourly Gen. Traffic - 200 Per. X 0.53 Trip Rate X 50% Dir. Distr. - 53 Vehicles Entering or Exiting per Event - 20% North Bound = 11 NB Vehicles - 80% South Bound = 43 SB Vehicles - The owner believes most weekday events seating projections will be for 120 persons or less occurring between the hours of 8:00 AM to 10:00 PM. Week Day Traffic Counts Recent Cowen Drive traffic counts were tabulated from the Event Centers Entrance on the following week days: Wednesday May 29, Tuesday July 16, Friday July 19 and Wednesday, July 24. The Hourly Traffic Counts for each of the four weekdays for both North Bound and South Bound Traffic are shown in the following two charts. The Average Hourly Traffic of the four days of traffic count, charted above for each direction is shown in the following chart. Auxiliary Turn Lane Requirements The following traffic analysis addresses auxiliary turn lane requirements for the additional traffic generated from the Event Centers proposed weekday usage. The evaluations of the Event Center ’s four (4) auxiliary turn lane types (right & left turn deceleration lanes and the right & left turn acceleration lanes) are based on the turn lane thresholds specified in the CDOT State Highway Access Code - Rule 2 CCR 601-1, Section 3.5 (5) (Pages 32 & 33). Also note that Cowen Drive’s posted Speed Limit is 20 MPH in both directions. - The right turn deceleration lane (for entering the Event Center from the south) may be dropped if the volume in the travel lane (northbound traffic plus the northbound generated volume) is predicted to be below 150 DHV (design hourly volume). 63 + 11 = 74 Veh/Hour is less than 150 DHV. Therefore no right turn deceleration lane is warranted. - The left turn deceleration lane (for entering the Event Center from the north) may be dropped if the opposing north bound traffic plus the generated volume is predicted to be below 100 DHV. 63 + 11 = 74 Veh/Hour is less than 100 DHV. Therefore no left turn deceleration lane is warranted. - The left turn acceleration lane (for traffic leaving the Event Center heading south) may be dropped if the volume in the southbound lane is predicted to be below 120 DHV. 93 veh/hr is less than 120 DHV. Therefore no left turn acceleration lane is warranted. - The right turn acceleration lane (for traffic leaving the Event Center heading North) may be dropped if the volume in the adjacent northbound lane is predicted to be below 120 DHV. 63 veh/hr is less than 120 DHV. Therefore no right turn acceleration lane is warranted. Therefore, auxiliary turn lanes are not warranted on Cowen Drive for Gianinetti Spring Creek Guest Ranch Event Centers predicted weekday generated traffic. Please feel free to contact me with any questions or additional information. Sincerely, BOUNDARIES UNLIMITED INC. Bruce D. Lewis, P.E. Project Engineer Enc. Vicinity Map: Google Earth Image (9/21/2021) of Event Center and Cowen Drive Entrance American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) COMMITMENT FOR TITLE INSURANCE Issued by as agent for Westcor Land Title Insurance Company SCHEDULE A Reference:Commitment Number: 0604706-C 1.Effective Date: April 09, 2024, 7:00 am Issue Date: April 22, 2024 2.Policy (or Policies) to be issued: ALTA® 2021 Owner's Policy Policy Amount:Amount to be Determined Premium:Amount to be Determined Proposed Insured:Purchaser with contractual rights under a purchaser agreement with the vested owner identified at item 4 below 3.The estate or interest in the Land at the Commitment Date is Fee Simple . 4.The Title is, at the Commitment Date, vested in: Gianinetti Family LLLP 5.The Land is described as follows: FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE For Informational Purposes Only - APN: R111320 / 2393-342-00-028 Countersigned Title Company of the Rockies, LLC By: Mike Mulligan American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 0604706-C SCHEDULE A (continued) LEGAL DESCRIPTION The Land referred to herein is located in the County of Garfield, State of Colorado, and described as follows: A PARCEL OF LAND LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 27, THE SOUTHEAST ONE-QUARTER OF SECTION 28 AND THE NORTHEAST ONE-QUARTER OF SECTION 34, 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 THE MOST EASTERLY CORNER OF LOT 25, GIANINETTI SUBDIVISION AS PLATTED UNDER RECEPTION NUMBER 411484 IN THE GARFIELD COUNTY CLERK AND RECORDERS OFFICE; THENCE NORTHWESTERLY ALONG SAID SUBDIVISION THE FOLLOWING SIX (6) COURSES: 1)N 27°16'39" W A DISTANCE OF 681.74 FEET 2)N 25°22'39" W A DISTANCE OF 380.30 FEET 3)S 77°44'52" W A DISTANCE OF 113.40 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF EIGHTH STREET 4)N 12°09'17" W ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 12.98 FEET TO A POINT OF CURVE 5)ALONG SAID RIGHT-OF-WAY AND THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 21°02'39", A RADIUS OF 480.00 FEET AND A LENGTH OF 176.30 FEET TO A POINT OF TANGENT 6)N 33°12'31" W ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 238.90 FEET TO A POINT OF CURVE; THENCE ALONG SAID RIGHT-OF-WAY AND THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 20°13'15", A RADIUS OF 460.55 FEET AND A LENGTH OF 162.54 FEET TO A POINT OF NON-TANGENT, SAID POINT BEING ON THE EASTERLY LINE OF PARCEL 6, COWEN P.U.D. SUBDIVISION AS PLATTED UNDER RECEPTION NUMBER 418398 IN THE GARFIELD COUNTY CLERK AND RECORDERS OFFICE THENCE NORTHERLY AND WESTERLY ALONG SAID SUBDIVISION THE FOLLOWING FIVE (5) COURSES: 1)N 38°35'08" E A DISTANCE OF 117.74 FEET 2)N 27°52'04" N A DISTANCE OF 181.91 FEET 3)N 45°51'15" W A DISTANCE OF 332.77 FEET 4)N 55°35'45" W A DISTANCE OF 339.43 FEET 5)N 89°54'45" W A DISTANCE OF 281.45 FEET TO A POINT ON THE EASTERLY This page is only a part of a 2021 ALTA ® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 0604706-C RIGHT-OF-WAY OF COLORADO HIGHWAY 133; THENCE N 00°32'06" E ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 173.17 FEET TO A POINT ON THE SOUTHERLY LINE OF A BLM PARCEL AS DESCRIBED UNDER RECEPTION NUMBER 257944 THENCE N 89°25'37" E ALONG SAID PARCEL, A DISTANCE OF 365.76 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY OF COLORADO HIGHWAY 82 THENCE EASTERLY ALONG SAID RIGHT-OF-WAY THE FOLLOWING POUR (4) COURSES: 1)S 75°28'36" E A DISTANCE OF 323.18 FEET 2)S 84°05'47" E A DISTANCE OF 333.67 FEET 3)N 79°09'35' E A DISTANCE OF 915.48 FEET 4)N 70°51'31" E A DISTANCE OF 123.21 FEET TO A POINT ON THE SOUTHERLY LINE OF A BLM PARCEL AS DESCRIBED UNDER RECEPTION NUMBER 257944 THENCE S 89°40'47" W ALONG SAID PARCEL, A DISTANCE OF 85.40 FEET TO THE WEST LINE OF THAT PARCEL AS DESCRIBED UNDER RECEPTION NUMBER 796572 IN THE GARFIELD COUNTY CLERK AND RECORDERS OFFICE THENCE SOUTHERLY AND EASTERLY ALONG SAID PARCEL THE FOLLOWING TWO (2) COURSES: 1)S 01°06'05" W A DISTANCE OF 50.00 FEET 2)N 73°04'35" E A DISTANCE OF 127.56 FEET TO A POINT ON THE NORTH LINE OF THAT PARCEL AS DESCRIBED IN BOOK 926 AT PAGE 921 UNDER RECEPTION NUMBER 472711 IN THE GARFIELD COUNT CLERK AND RECORDERS OFFICE THENCE ALONG SAID PARCEL THE FOLLOWING FOUR (4) COURSES: 1)S 66°27'41 E ALONG THE CENTERLINE OF THE ROARING FORK RIVER, A DISTANCE OF 473.66 FEET 2)S 01°01'20" W A DISTANCE OF 1501.09 FEET TO A POINT ON THE SOUTH LINE OF SECTION 27 3)S 01°01'20" W A DISTANCE OF 664.75 FEET TO A POINT ON THE NORTH UNE OF THAT PARCEL. AS DESCRIBED UNDER RECEPTION 629643 IN THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE 4)N 89°36'19" W ALONG SAID NORTH LINE, A DISTANCE OF 910.86 FEET TO THE POINT OF BEGINNING. For each policy to be issued as identified in Schedule A, Item 2, the Company shall not be liable under this commitment until it receives a specific designation of a Proposed Insured, and has revised this commitment identifying that Proposed Insured by name. As provided in Commitment Condition 4, the Company may amend this commitment to add, among other things, additional exceptions or requirements after the designation of the Proposed Insured. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 0604706-C COMMITMENT FOR TITLE INSURANCE Issued by Westcor Land Title Insurance Company SCHEDULE B, PART I Requirements The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the effective date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the clerk and recorded of the county in which said property is located. All of the following Requirements must be met: 1.The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2.Pay the agreed amount for the estate or interest to be insured. 3.Pay the premiums, fees, and charges for the Policy to the Company. 4.Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GARFIELD COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR This page is only a part of a 2021 ALTA ® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 0604706-C NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF INSURANCE. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 0604706-C SCHEDULE B, PART II Exceptions Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document will be excepted from coverage. The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: Any facts, right, interests, or claims which are not shown by the Public Records but which could1. be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. Easements or claims of easements, not shown by the Public Records.2. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the3. Title that would be disclosed by an accurate and complete land survey of the Land. 4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the Public Records or attaching subsequent to the effective date hereof, but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. Right of the Proprietor of a vein or lode to extract and remove his ore therefrom, should the same7. be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded July 25, 1903 in Book 56 at Page 482. Right of way for ditches or canals constructed by the authority of the United States, as reserved in8. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 0604706-C United States Patent recorded July 25, 1903 in Book 56 at Page 482. Any question, dispute or adverse claims to any loss or gain of land as a result of any change in9. the riverbed location by other than natural causes, or alteration through accretion, reliction, erosion or evulsion of the center thread, bank, channel or flow of the waters in the Roaring Fork River lying within the subject land; and any question as to the location of such center thread, bank, bed or channel as a legal description monument or marker for the purposes of describing or locating subject lands. NOTE: There are no documents in the land records in the office of the Clerk and Recorder for Garfield County, Colorado accurately locating past or present locations of the center thread, bank, bed or channel of the above river or indicating any alterations of the same as from time to time may have occurred. All right, title, claim, demand or interest which may be asserted by the owners of adjoining10. property in and to subject property or by the owners of subject property in and to adjacent property, based on adverse possession or otherwise, due to or resulting from the failure of the fences located on subject property and adjacent property to follow established boundary lines. Oil and Gas Lease between Ben Gianinetti and Alphnsine Gianinetti and Joe T. Juhan, recorded11. March 8, 1937 at Reception No. 127029 and any and all assignments or interests therein. Oil and Gas Lease between Ben Gianinetti and Alphnsine Gianinetti and Dodge Drilling and12. Development, recorded September 20, 1951 in Book 260 at Page 239 and any and all assignments or interests therein. Oil and Gas Lease between Ben Gianinetti and Alphnsine Gianinetti and Francis W.13. Christiansen, recorded July 8, 1960 in Book 328 at Page 156 and any and all assignments or interests therein. An undivided one-half (1/2) interest in oil, gas and other mineral rights, as reserved by Ben14. Gianinetti and Alphnsine Gianinetti in the Deed to Ernest Gianinetti and Carol Gianinetti, recorded April 24, 1961 in Book 333 at Page 504, and any and all assignments thereof or interests therein. Any and all water and water rights, reservoir and reservoir rights, ditches and ditch rights, and the15. enlargements and extensions thereof, and all laterals, flumes and headgates used in connection therewith. Terms, agreements, provisions, conditions and obligations as contained in Resolution No. 79-3316. recorded July 10, 1979 in Book 531 at Page 261. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 0604706-C Terms, agreements, provisions, conditions and obligations as contained in Exclusive Public17. Recreation Easement in Gross recorded October 15, 1987 in Book 722 at Page 881. Easements, rights of way and all other matters as shown on the Plat of Annexation Map, filed18. October 18, 1989 at Reception No. 406631. Terms, agreements, provisions, conditions and obligations as contained in Annexation Agreement19. (1989) recorded October 18, 1989 at Reception No. 406632. Terms, agreements, provisions, conditions and obligations as contained in Ordinance No. 25,20. Series of 1989 recorded November 20, 1989 at Reception No. 407554. Easement and right of way for electric transmission and distribution line purposes, as granted by21. Gianinetti Family Limited Partnership to Holy Cross Electric Association, Inc., by instrument recorded May 29, 1998 at Reception No. 525904, said easement being more particularly described therein. Easement and right of way for electric transmission and distribution line purposes, as granted by22. Gianinetti Family Limited Partnership to Holy Cross Electric Association, Inc., by instrument recorded June 5, 1998 at Reception No. 526354, said easement being more particularly described therein. Easement and right of way for electric transmission and distribution line purposes, as granted by23. Gianinetti Family LLLP to Holy Cross Energy, by instrument recorded March 28, 2018 at Reception No. 904844, said easement being more particularly described therein. Terms, agreements, provisions, conditions and obligations as contained in Trench, Conduit and24. Vault Agreement recorded March 28, 2018 at Reception No. 904845. Terms, agreements, provisions, conditions and obligations as contained in Memorandum of25. Water Allotment Contract recorded June 20, 2018 at Reception No. 908246. Terms, agreements, provisions, conditions and obligations as contained in Resolution No.26. 2018-38 recorded July 3, 2018 at Reception No. 908854. Terms, agreements, provisions, conditions and obligations as contained in Resolution No.27. 2018-38 recorded July 3, 2018 at Reception No. 908855. Terms, agreements, provisions, conditions and obligations as contained in Lease with Option to28. Purchase recorded July 30, 2018 at Reception No. 909858. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 0604706-C Terms, agreements, provisions, conditions and obligations as contained in Land Use Change29. Permit recorded October 10, 2018 at Reception No. 912708. Terms, agreements, provisions, conditions and obligations as contained in Land Use Change30. Permit recorded November 7, 2018 at Reception No. 913846. Terms, agreements, provisions, conditions and obligations as contained in Resolution No.31. 2019-37 recorded July 1, 2019 at Reception No. 922386. Terms, agreements, provisions, conditions and obligations as contained in Resolution No.32. 2020-32 recorded July 15, 2020 at Reception No. 938392. Terms, agreements, provisions, conditions and obligations as contained in Land Use Change33. Permit recorded September 9, 2020 at Reception No. 941670. Deed of Trust from Gianinetti Family LLLP, a Colorado limited liability limited partnership to34. the Public Trustee of Garfield County for the use of ANB Bank, to secure $1,650,000.00, dated June 13, 2019, and recorded June 13, 2019 at Reception No. 921515. NOTE: Assignment of Rents recorded June 13, 2019 at Reception No. 921516, given in connection with the above Deed of Trust. Deed of Trust from Gianinetti Family LLLP, a Colorado limited liability limited partnership to35. the Public Trustee of Garfield County for the use of ANB Bank, to secure 500,000.00, dated April 19, 2023, and recorded April 28, 2023 at Reception No. 985418. NOTE: Assignment of Rents recorded April 28, 2023 at Reception No. 985419, given in connection with the above Deed of Trust. NOTE: The above Deed of Trust secures a revolving line of credit. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Commitment No: 0604706-C DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, requires that "Every Title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the Title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed.” (Gap Protection) Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: The Land described in Schedule A of this commitment must be a single-family residence, which1. includes a condominium or townhouse unit. No labor or materials may have been furnished by mechanics or materialmen for purpose of2. construction on the Land described in Schedule A of this Commitment within the past 13 months. The Company must receive an appropriate affidavit indemnifying the Company against unfiled3. mechanic's and materialmen's liens. Any deviation from conditions A though C above is subject to such additional requirements or4. Information as the Company may deem necessary, or, at its option, the Company may refuse to delete the exception. Payment of the premium for said coverage.5. Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.: The subject real property may be located in a special taxing district;(i) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County(ii) Treasurer or the County Treasurer's authorized agent; and Information regarding special districts and the boundaries of such districts may be obtained from(iii) the County Commissioners, the County Clerk and Recorder, or the County Assessor. Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident withholding). Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given: (a)If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate then there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property, and (b)That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note 6: Effective September 1, 1997, C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch the clerk and recorder may refuse to record or file any document that does not conform. Note 7: Our Privacy Policy: We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. Note 8: Records: Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and Page 10 Commitment No: 0604706-C records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not less than seven (7) years, except as otherwise permitted by law. Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that “A title entity shall not earn interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be made at any time up to and including closing.” Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such purpose(s). Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that “Until a title entity receives written instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with the following: The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them1. in a fiduciary capacity. The title entity shall use any funds designated as “earnest money ” for the consummation of the2. transaction as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise provided in this section. If the transaction does not close, the title entity shall: Release the earnest money funds as directed by written instructions signed by both the buyer(a) and seller; or If acceptable written instructions are not received, uncontested funds shall be held by the title(b) entity for 180 days from the scheduled date of closing, after which the title entity shall return said funds to the payor. In the event of any controversy regarding the funds held by the title entity (notwithstanding any3. termination of the contract), the title entity shall not be required to take any action unless and until such controversy is resolved. At its option and discretion, the title entity may: Await any proceeding; or(a) Interplead all parties and deposit such funds into a court of competent jurisdiction, and(b) recover court costs and reasonable attorney and legal fees; or Deliver written notice to the buyer and seller that unless the title entity receives a copy of a(c) summons and complaint or claim (between buyer and seller), containing the case number of the lawsuit or lawsuits, within 120 days of the title entity's written notice delivered to the parties, title entity shall return the funds to the depositing party.” Page 11 Commitment No: 0604706-C Title Company of the Rockies Disclosures All documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The Clerk and Recorder will refuse to record or file any document that does not conform to the requirements of this section. Pursuant to C.R.S. 30-10-406(3)(a). The company will not issue its policy or policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent: or until the Proposed Insured has notified or instructed the company in writing to the contrary. Pursuant to C.R.S. 10-11-122. No person or entity that provides closing and settlement services for a real estate transaction shalldisburse funds as a part of such services until those funds have been received and are available forimmediate withdrawals as a matter of right. Pursuant to C.R.S. 38-35-125(2). The Company hereby notifies the proposed buyer in the current transaction that there may be recorded evidence that the mineral estate, or portion thereof, has been severed, leased, or otherwise conveyed from the surface estate. If so, there is a substantial likelihood that a third party holds some or all interest in the oil, gas, other minerals, or geothermal energy in the subject property. Such mineral estate may include the right to enter and use the property without the surface owner's permission. Pursuant to C.R.S. 10-11-123. If this transaction includes a sale of property and the sales price exceeds $100,000.00, the seller mustcomply with the disclosure/withholding requirements of said section. (Nonresident withholding)Pursuant to C.R.S. 39-22-604.5. Notice is hereby given that: The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Pursuant to C.R.S. 10-11-122. Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulation 8-1-2; "Gap Protection" -When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction, the Company shall be responsible for all matters which appear on the record prior to such time or recording or filing; and "Mechanic's Lien Protection" - If you are the buyer of a single family residence, you may request mechanic's lien coverage to be issued on your policy of Insurance. If the property being purchased has not been the subject of construction, improvements or repairs in the last six months prior to the date of this commitment, the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the seller. If the property being purchased was constructed, improved or repaired within six months prior to the date of this commitment the requirements may involve disclosure of certain financial information, payment of premiums, and indemnity, among others. The general requirements stated above are subject to revision and approval by the Company. Pursuant to C.R.S. 10-11-122. Notice is hereby given that an ALTA Closing Protection Letter is available, upon request, to certain parties to the transaction as noted in the title commitment. Pursuant to Colorado Division of Insurance Regulation 8-1. Nothing herein contained will be deemed to obligate the Company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Page 12 ALTA COMMITMENT FOR TITLE INSURANCE issued by WESTCOR LAND TITLE INSURANCE COMPANY (ALTA Adopted 07-01-2021) NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY ’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Westcor Land Title Insurance Company, a South Carolina Corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Amount of Insurance and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within (6) months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. Issued By: Title Company of the Rockies, LLC 1620 Grand Avenue, Suite B Glenwood Springs, CO 81601 Phone: 970-945-1169 WESTCOR LAND TITLE INSURANCE COMPANY This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. COMMITMENT CONDITIONS DEFINITIONS1. a.“Discriminatory Covenant ”: Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class. b.“Knowledge” or “Known”: Actual knowledge or actual notice, but not constructive notice imparted by the Public Records. c.“Land”: The land described in Item 5 of Schedule A and improvements located on that land that by State law constitute real property. The term “Land” does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. d.“Mortgage”: A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by electronic means authorized by law. e.“Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. f.“Proposed Amount of Insurance ”: Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each Policy to be issued pursuant to this Commitment. g.“Proposed Insured ”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. h.“Public Records”: The recording or filing system established under State statutes in effect at the Commitment Date under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term “Public Records ” does not include any other recording or filing system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or national security matters. i.“State”: The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term “State” also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam. j.“Title”: The estate or interest in the Land identified in Item 3 of Schedule A. 2.If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end. 3.The Company’s liability and obligation is limited by and this Commitment is not valid without: a.the Notice; b.the Commitment to Issue Policy; c.the Commitment Conditions; d.Schedule A; e.Schedule B, Part I—Requirements; and f.Schedule B, Part II—Exceptions; and g.a 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 This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Date, any liability of the Company is limited by Commitment Condition 5. The Company is not liable for any other amendment to this Commitment. 5.LIMITATIONS OF LIABILITY a.The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company ’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured ’s good faith reliance to: i.comply with the Schedule B, Part I —Requirements; ii.eliminate, with the Company’s written consent, any Schedule B, Part II —Exceptions; or iii.acquire the Title or create the Mortgage covered by this Commitment. b.The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. c.The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. d.The Company ’s liability does not exceed the lesser of the Proposed Insured ’s actual expense incurred in good faith and described in Commitment Condition 5.a. or the Proposed Amount of Insurance. e.The Company is not liable for the content of the Transaction Identification Data, if any. f.The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. g.The Company ’s liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured. 6.LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM a.Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. b.Any claim must be based in contract under the State law of the State where the Land is located and is restricted to the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured against the Company must be filed only in a State or federal court having jurisdiction. c.This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. d.The deletion or modification of any Schedule B, Part II —Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. e.Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. f.When the Policy is issued, all liability and obligation under this Commitment will end and the Company ’s only liability will be under the Policy. 7.IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company ’s agent for closing, settlement, escrow, or any other purpose. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. 8.PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9.CLAIMS PROCEDURES This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6. 10.CLASS ACTION ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION. 11.ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is $2,000,000 or less may be arbitrated at the election of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration . This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Anti-Fraud Statement NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. This anti-fraud statement is affixed to and made a part of this policy.