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HomeMy WebLinkAbout1.00 General Application MaterialsGarfteld County Community Development Department 108 8th Street, Suite 401 f;:i:f:i:l\lfl:g Glenwood Springs, CO 81601 Frrs f 3 ?:n25 "**.{3.1,?*iffii..,* Y WPE OF AFFLICATION ministrative Review Limited lm Review 9l9l Review LAND USE CHANGE PERMIT APPLICATION FORM Develo nt in 100-Year Flood n Develo ent in 100-Year Floodplain Variance Code Text Amendmentj endments to an Rezoning District f]Pun flnuo Amendment Minor Temporary Ho using Fa qilltv inistrative I on ofa County Road/Public ROW ppea I of Administrative lnterpretation Location and Extent Review reas and Activities of State lnterest l--lcomprehensive Plan Amendment [Accommodation Pursuant to Fair Housing Act LIR l-lvrtn Approved LUCP nsup n P line Deve nt me Extension also check type of original application) flance ( INVOLVED PARTIES Owner/Applicant Name: Ryobi Foundation Phone: Mailing Address:13114 hwy 82 Carbondale state: CO Zip code:81623City: E-mail: Representative (Authorization Required) Name: Thomas Johnson p1ron".1970 )505-0216 Mailing Address: 1629 Dolores way carbondale state: co zip code.81623City: E-mait: t.johnson@su nsensesolar.com PROJECT NAME AND LOCATION Project Name: Ryobi foundation Powers Arts center Assessor's Parcel N umber: Physical/Street Address:13114 co-82, carbondale, CO 81623 Legal Description:Section:23 Township: 7 Range: BB Subdivision: RYOBI FOUNDATION PROPERTY SUBDIVISION Lot: PARCEL 1 AS PER PLAT RECEPTION NUMBER 896391 Zone Distric,. Rural Property Size (acres)241.115 PROJECT DESCRIPTION Existing Use: Arts center Proposed Use (From Use Table 3-403):Small sol6r energy Description of Project:INSTALLATION OF AN 24.96KW GROUND MOUNT PHOTOVOLTAIC SYSTEM AND 6OKW/81.92KWH ENERGY STORAGE SYSTEM. For Appeal of Administrative lnterpretation please include: 1" The Decision you are appealing. 2. The date the Decision was sent as specified in the notice (date mailed). 3. The nature of the decision and the specified ground for appeal. Please cite specific code sections and/or relevant documentation to support your request. 4. The appropriate appeal fee of5250.00. 5. Please note a completed Appeal Application and fees must be received within 30 calendar days of the date of the Adqt!listrative I nterpretation. REQUEST FOR WAIVERS Submission Requirements U The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List Section: Section: Section Section Waiver of Standards tr fhe Applicant is requesting a Waiver of Standards per Section 4-11"8. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. Thomas Johnson Digblv ggd by tue Jfrs &b: 2024.07.24 6:3?:55 -6@'0712412024 Signature of Property Owner or Authorized Representative, Title Date ofFrctAt usE oNtY FireNumbe* h-LQL9;o6b Fee Paid:2s;,@ STATEMENT OF AUTHORITY 1. This Statement of Authority relates to an entity¹ named , and is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. 2. The type of entity is a: trust registered limited liability partnership nonprofit corporation registered limited liability limited partnership limited liability company limited partnership association general partnership government or governmental subdivision or agency limited partnership corporation 3. The entity is formed under the laws of 4. The mailing address for the entity is 5. The name position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is . 6.² The authority of the foregoing person (s) to bind the entity is not limited limited as follows: . 7. Other matters concerning the manner in which the entity deals with interests in real property: Executed this . Signature Signature STATE OF COLORADO COUNTY OF ___________________________ ss: The foregoing instrument was acknowledged before me this ___________ day of _________________________, by . Witness my hand and official seal. Notary Public My commission expires: ¹This form should not be used unless the entity is capable of holding title to real property. ²The absence of any limitation shall be prima facie evidence that no such limitation exists. ³The statement of authority must be recorded to obtain the benefits of the statute. AGENT AUTHORIZATION FORM Property Description: Section: 23 Township: 7 Range: 88 Subdivision: RYOBI FOUNDATION PROPERTY SUBDIVISION Lot: PARCEL 1 AS PER PLAT RECEPTION NUMBER 896391 Address: ___13114 CO-82 Carbondale, CO_________ City: _____Carbondale_________ Postal Code: ___81623_________ Registered Property Owner: _____________________________________ Registered Property Owner: _____________________________________ Telephone: __________________ Email: _____________________________________ The undersigned, registered property owners of the above noted property, do hereby authorize: Thomas L. Johnson, of Sunsense, Inc., 1629 Dolores way, Carbondale, CO 81623. (970) 505-0216 t.johnson@sunsensesolar.com to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit and any and all standard and special conditions attached. We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Authorized Signature__________________________ Date: __________________________ Witness Name_____________________ Witness Signature Date: _____________________ 8/5/2024 Ryobi Foundation 9196193295 bobbi@ryobifoundation.org 08/05/2024 General Application Materials A) Narrative Description The nature and scale of the proposed use are installation of solar PV system, including QCELL Q- Peak DUO XL-G10.3 480W modules and SOL-ARK inverters located on an equipment rack above the existing mechanical room on the northwestern portion of the building, electric service at the on the exterior of the building. Interconnection to the electric grid will be adjacent to the existing service. The ground-mount array will consist of fifty-two QCELL Q-Peak DUO XL-G10.3 480W Bi-Facial modules and two SOL-ARK 30K-3P-208v inverters, twenty-eight APSMART RSD-D-20 along with an AC combiner panel and AC disconnect. Additionally, there will be two SOL-ARK L3 HV-40KWH battery cabinets. The Battery Energy Storage System (BESS) emergency power shutoff button will be located on the west side exterior wall of the house. Manual BESS bypass switch to be located in the garage. The dimensions of the array will be approximately 50’ 9” long by 13’-8” wide AND 43’6” long by 13’ 8” wide plus the trench (3325ft2), totaling 4612.5ft2 (~0.11 acres). The system is approximately___ feet from the building connected by a trench with a total area of 3325ft2. The tilt angle of the array will be approximately 30° with the azimuth 180°. Application for Ground-Mounted Solar Installation 13114 co-82, Carbondale, CO 81623 Legal Description: A parcel of land situated in lot 1 Section: 27 Township: 7 Range: 88 of the sixth principal meridian with all bearings contained hearin being relative to a bearing of S 89°59’06” between the N1/16 of said sections 26 and 27 and in then N-C1/16 of said section 26; said parcel being more particularly described as follows: Beginning at the southeast corner of said section 2, Garfield county surveyor brass cap in place; thence S04°11'14"W along the easterly line of section 26, a distance of 1363.16 feet to the north sixteenth corner of section 26 and section 25 a BLM cap in place; thence continuing along said easterly line S04°11'14"W, a distance of 882.56 feet; thence leaving said easterly line S89° 59'00"W along the northerly line of government lot 8, a distance of 441.07 feet to the northeast corner of that parcel of land described in reception no. 214401 of the Garfield county clerk and recorder's office, a rebar and cap l.S.. #19598 in place; thence S02°55'00"W along the easterly boundary of said parcel, a distance of 134.10 feet to a rebar and cap l.S.. #27613 in place; thence continuing along said easterly line S32°29'00"W, a distance of 435.00 feet to a rebar and cap l.S. #27613 in place; thence continuing along said easterly line s58°21'00"W, a distance of 471.00 feet to a rebar and cap l.S. #19598 in place; thence continuing along said easterly line S46° 48'00"w, a distance of 964.00 feet to a rebar and cap l.S.. #19598 in place; thence continuing along said easterly line S38°59'00"W, a distance of 245.00 feet to a rebar and cap l.S.. #19598 in place; thence continuing along said easterly line S20°32'00"W, a distance of 586.33 feet to a point on the northerly right-of-way of state highway no. 82, a rebar and cap l.S. #19598 in place; thence leaving said easterly line N75°40'49"W along said northerly right-of-way, a distance of 86.38 feet; thence continuing along said northerly right-of-way N17°10'41"E, a distance of 115.01 feet; thence continuing along said northerly right-of-way N72°49'19"W, a distance of 100.00 feet; thence continuing along said right-of-way S17°10'41"W, 120.00 feet; thence continuing along said right-of-way N75°40'49"W, a distance of 200.17 feet; thence continuing along said right-of-way N72°49'19"W, a distance of 1100.00 feet; thence continuing along said right-of-way N69°00'19"W, a distance of 38.14 feet to a point on the easterly line of government lot 13; thence leaving said right-of-way N00°01'01"W along the easterly line of government lot 13, a distance of 279.23 feet, a rebar and cap l.S. 27613 in place; thence leaving said easterly line N03° 23'14"E, a distance of 2356.79 feet to the northerly line of said government lot 3; thence along said northerly line S89°59'06"E, a distance of 917.96 feet; thence leaving said northerly line S89°09'58"E along the northerly line of government lot 2, a distance of 1306.72 feet to the northeast sixteenth corner of said section 26, an aluminum cap l.S.. #19598 in place; thence leaving said northerly line N04°07'39"E along then westerly line of the ne ¼ ne 1/4 of said section 26, a distance of 1379.79 feet to the east sixteenth corner of said section 26 and section 23, a BLM cap in place; thence leaving said westerly line N01°16'05"W along the westerly line of the e 1/2 se 1/4 of said section 23, a distance of 2603.33 feet to the east-center sixteenth corner of said section 23 a BLM cap in place; thence leaving said westerly line N89°52'49"E along the northerly line of said e 1/2 se 1/4, a distance of 1237.66 feet to the east quarter corner of said section 23, a county surveyor cap in place; thence leaving said northerly line S02°43'19"E along the easterly line of said section 23, a distance of 1321.78 feet to the south sixteenth corner of said section 23 and section 24, a BLM cap in place; thence continuing along the easterly line of said section 23, S02°47'17"E, a distance of 1322.30 feet to the point of beginning. Narrative Project Description: The nature and scale of the proposed use are installation of solar PV system, including QCELL Q- Peak DUO XL-G10.3 480W modules and SOL-ARK inverters located on an equipment rack above the existing mechanical room on the northwestern portion of the building, electric service at the on the exterior of the building. Interconnection to the electric grid will be adjacent to the existing service. The ground-mount array will consist of fifty-two QCELL Q-Peak DUO XL-G10.3 480W Bi-Facial modules and two SOL-ARK 30K-3P-208v inverters, twenty-eight APSMART RSD-D-20 along with an AC combiner panel and AC disconnect. Additionally, there will be two SOL-ARK L3 HV-40KWH battery cabinets. The Battery Energy Storage System (BESS) emergency power shutoff button will be located on the west side exterior wall of the house. Manual BESS bypass switch to be located in the garage. The system is approximately three-hundred and ninety (390) feet from the mechanical room connected by a trench with a total area of 3325ft2. The tilt angle of the array will be approximately 30° with the azimuth 180°. The dimensions of the array will be approximately 50’ 9” long by 13’-8” wide AND 43’6” long by 13’ 8” wide, plus the trench (3325ft2), totaling 4612.5ft2 (~0.11 acres). D sized job plans- ATTACHED Landscape Plan: This project will have no scope or impact to the landscaping Improvement Agreement: Waiver Requested Development Agreement Waiver Requested Access Roadway Details Waiver Requested Affordable Housing Plan: Waiver Requested 7-101. Zone District Use Regulations: The Land Use Change complies with Article 3, Zoning, including any applicable zone district use restrictions and regulations. 7-102. Comprehensive Plan and Intergovernmental Agreements: The Land Use Change is in general conformance with the Garfield County Comprehensive Plan and complies with any applicable intergovernmental agreement. 7-103. Compatibility: The nature, scale, and intensity of the proposed use are compatible with adjacent land uses. 7-104. Source of Water: No part of this project necessitates the use of water 7-105. Central Water Distribution & Wastewater Systems: The land use shall be served by a water distribution system that is adequate to serve the proposed use and density. b. The height of the Solar Energy System does not exceed 15 feet. See plans c. The total area of the ground-mounted Solar Energy System does not exceed 10% percent of the lot’s gross area. 7-56 Garfield County Land Use and Development Code Article 7: Standards Applicants may use this template for organizational purposes when responding to Article 7 Standards for Land Use Change Permit applications. Applicants should reference the Garfield County Land Use and Development Code for detailed descriptions of standards relating to their particular proposals when responding. DIVISION 1: GENERAL APPROVAL STANDARDS 7-101. ZONE DISTRICT USE REGULATIONS This project is in compliance with all zoning district regulations. This area is currently zoned as rural land. No part of the article three zoning standards prohibits the installation of a solar system on zoned rural land provided it undergoes the required administrative review process. 7-102. COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS The Land Use Change is in general conformance with the Garfield County Comprehensive Plan and complies with any applicable intergovernmental agreement, in including the Colorado Department of Regulatory Agencies and local fire authorities. 7-103. COMPATIBILITY The nature, scale, and intensity of the proposed use are compatible with adjacent land uses 7-104. SOURCE OF WATER No part of this project will require access to public water sources. 7-105. CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS This property is served by a water distribution system and has access to a wastewater system, both of which are adequate to serve the necessary use of the property. 7-106. PUBLIC UTILITIES This project will not require the use of any public utility. 7-107. ACCESS AND ROADWAYS No part of this project includes any alterations to a public roadway. There will be no improvements to any state of federal highway or county road. Any additional traffic will be very minimal; this project will only involve one or two Sunsense Solar trucks at a time and occasional subcontractor vehicle or delivery truck. 7-108. USE OF LAND SUBJECT TO NATURAL HAZARDS The location of this project site is not in an area prone to landslides, snow, mudflows, radiation, flooding or high water tables. 7-109. FIRE PROTECTION There is a gel fire suppression system on the exterior of the building. On the inside, there is a suppression system which is powered by an inert gas which is safe to use around the highly sensitive artwork. DIVISION 2: GENERAL RESOURCE PROTECTION STANDARDS 7-201. AGRICULTURAL LANDS This project is not situated on agricultural lands. The closest agricultural land to this system is greater than ten miles. 7-202. WILDLIFE HABITAT AREAS There are no designated habitat areas in the vicinity of this project. No natural wildlife corridors will be disturbed in by the installation of this system. The closest state wildlife area to this project is the Almont SWA and it is over fifty miles away “as the crow flies”. 7-203. PROTECTION OF WATERBODIES All parts of this system will honor a thirty-five-foot setback to any waterbody. The closest water body to this system, “as the crow flies” is approximately 5.6 miles 7-204. DRAINAGE AND EROSION The site as it currently stands, has adequate drainage. With the installation of this system, there will be no impact to the drainage of this area of the property. The installation of the system will not create any risk for unforeseen or uncontrolled erosion. There will be no runoff of any pollutants due to the installation of this system. Grading will not be a task for any part of this project’s scope. 7-205. ENVIRONMENTAL QUALITY Air Quality: There will be no negative impact to the air quality from the installation of this system. Any impact to the air quality will be positive due to a reduction of emissions from clean & renewable energy production. Water quality: there will be no negative impact to the water quality from the installation of this system. The closest body of water “as the crow flies” is 5.6 miles. 7-206. WILDFIRE HAZARDS This project is situated on an area indicated by the Garfield County Comprehensive Plan- Wildfire Risk Map as being a low to no risk area. Please see the photo from the map below. 7-207. NATURAL AND GEOLOGIC HAZARDS No part of this system is to be installed in an avalanche hazard area. There will be no de-vegetation of the property to install this system. No part of this project will be installed in a landslide hazard area. This project will not involve adding water or weight to the top of the slope or along the length of the slope. This project will not increase the steepness of any slope. This project will not involve removing the “toe of the landslide”. This project is not situated on or near an alluvial fan. 7-208. RECLAMATION This area of development will not be graded, nor will the natural vegetation be disturbed. The majority of the disturbance will be from the tracks of the equipment used to drill the four-inch holes for the pole mounts of the system. DIVISION 3. SITE PLANNING AND DEVELOPMENT STANDARDS 7-301. COMPATIBLE DESIGN Site organization: This system is situated on the site in a location which is considerate to the relationship to the streets and lots, parking, pedestrian access and access to common areas. No part of this system shall 7-302. OFF-STREET PARKING AND LOADING STANDARDS The current parking facilities of this property meet the standards outlined in table 7-302.A. there will be no changes to the square footage of the facility and no alterations to the existing parking accommodations. 7-303. LANDSCAPING STANDARDS No part of this project scope includes landscaping plans. Sunsense Solar is not seeking reductions in setback requirements. Only four inch in diameter holes will be drilled for ground screws for a ground mounted solar system. 7-304. LIGHTING STANDARDS The existing exterior lighting meets the standards prescribed in the article seven standards and will not be subject to change by any part of this project. 7-305. SNOW STORAGE STANDARDS The existing snow storage infrastructure on site will not be affected by this project. This area has adequate drainage, is not in a public roadway, and does not obstruct any parking spaces. 7-306. TRAIL AND WALKWAY STANDARDS There is no access to any public walkway or trail on this property or parcel or any trail or walkway passing through the property or parcel. Garfield County Comprehensive Plan- Wildfire Risk Map Post Office Box 222 | Gunnison, Colorado 81230-0222 | 970.641.1144 | jim@rareearthscience.com www.rareearthscience.com Rare Earth Science March 3, 2017 Kimiko M. Powers Ryobi Foundation, LLC 13114 State Highway 82 Carbondale, Colorado 81623-9508 Re: Mineral Assessment Report Ryobi Foundation Ranch – Conservation Easement Property Garfield County, Colorado Dear Kimiko: At the request of the Aspen Valley Land Trust (AVLT), Rare Earth Science, LLC (Rare Earth) has completed this Mineral Assessment Report (MAR) for the approximately 339.831-acre Ryobi Foundation Ranch conservation easement (CE) property located north-northeast of the Town of Carbondale in Garfield County, Colorado (hereinafter referred to as the “Site”). This MAR is part of the documentation necessary for a CE conveyance, and evaluates the probability of surface mining or other mineral-extraction activities at the Site in accordance with Title 26 of the Internal Revenue Code [§ 1.170A-14(g)(4)]. In situations where the surface estate and mineral rights have been separated or where mineral rights have been reserved, the definition of a qualified conservation contribution can only be met by demonstrating that surface mining, or any mining method which is inconsistent with the particular conservation purposes of the contribution, will not likely occur at the Site. This report presents a brief description of the Site and local geology, a review of various economic mineral resources, and a summary of our findings. Based upon our findings, we conclude that the probability of surface mining occurring at the Site is so remote as to be negligible. Site Location and Description The attached figures show the boundaries of this approximately 339.831-acre Site, which is located roughly 1.25 direct miles north-northeast of downtown Carbondale and occupies portions of Sections 23, 26 and 27, Township 7 South, Range 88 West (Sixth Principal Meridian). The Site’s legal description is attached, and can also be found in the CE deed. Figure 1 shows that the adjoining lands include other tracts of privately owned land in all directions, along with undeveloped lands administered by the U.S. Bureau of Land Management (BLM) to the north and northwest. Mineral Assessment Report: Ryobi Foundation Ranch – Conservation Easement Property (Garfield County, CO) March 3, 2017 Page 2 of 9 Rare Earth Science The U.S. Geological Survey 7.5-minute series Carbondale, Colorado topographic map (USGS, 1961) shows the ground surface elevation averaging roughly 6,400 feet above mean sea level across the Site. The Site features irrigated fields and piñon-juniper woodlands on rolling topography located immediately north of the Colorado State Highway 82 corridor. Crystal Spring Creek flows across the eastern Site boundary toward the nearby Roaring Fork River to the south. The regional area is part of the Roaring Fork River District of the larger Colorado River drainage basin. Overview of Local Geology and Soils The Site lies on the boundary of two major physiographic provinces: the dissected sedimentary mesas and domed mountains of Colorado Plateau to the west, and the rugged, high-elevation peaks and glaciated valleys of the Southern Rocky Mountains to the east. The edge of the Colorado Plateau, and the Piceance Creek Basin, is defined by the steeply (approximately 40° to 90°+) westward-dipping strata of the Grand Hogback Monocline, which was formed during the White River Uplift and thrust westward during the Laramide Orogeny in Late Cretaceous through Eocene time. The Grand Hogback Monocline is located about 6 miles west of the Site. The topography and geology of this area were influenced by several major structures in western Colorado including the Sawatch Range to the east, the Elk Mountains to the south, the White River Uplift to the north, and the Piceance Creek Basin to the west. The Geologic Map and Cross Sections of the Carbondale 30° x 60° Quadrangle, Colorado (USGS Coal Map 97-A, 1984) and Geologic Map of the Carbondale Quadrangle, Garfield County Colorado (Colorado Geological Survey [CGS] Map Series MS-36, 2008) were reviewed for an understanding of local surface and subsurface geologic conditions. The Site primarily consists of bedrock Lower Permian-Middle Pennsylvanian-age Maroon Formation (Map Unit P&m) and Middle Pennsylvanian-age Eagle Valley Evaporite (Map Unit &ee). Map Unit &ee consists of gypsum, anhydrite, and interbedded siltstone and minor dolomite, with thick halite salt at depth in some places, and a thickness of upwards of 9,000 feet in the Site vicinity. Map Unit &ee intertongues with Map Unit P&m (and the Minturn and Belden Formations) and grades into fine-grained clastic rocks of the Eagle Valley Formation. Map Unit P&m is mostly a pale- red to pinkish-red, and grayish-red arkosic sandstone, conglomerate, siltstone, and mudstone with shale and minor thin beds of gray limestone, and has a thickness of about 2,500 feet in the area. These bedrock units are overlain with more recent Pleistocene-age deposits of terrace and pediment gravel (Map Units Qgo and Qg). Map Units Qgo and Qg include sand, gravel and silt largely of glaciofluvial and alluvial origin, along with small areas of alluvial fans, talus and landslide materials deposited less than 1 million-years ago. A generalized map showing the primary geologic units at and near the Site is attached as Figure 4. The U.S. Department of Agriculture – Natural Resources Conservation Service (NRCS) Web Soil Survey (http://www.websoilsurvey.nrcs.usda.gov/app/) of the Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties identifies at least nine soil types at the Site, including the dominant map units: Almy loam, 1 to 12 percent slopes (Map Unit 6); and, Yamo loam, 6 to 12 percent slopes (Map Unit 115). A majority of the soil types at the Site are considered by NRCS to be “poor” sources of sand and gravel for construction materials, with Map Units 6 and 42 (covering roughly the southern half of the Site) rated as “fair” sources of sand. Map Unit 6 is also considered to be a “good” source of roadfill materials. Mineral Assessment Report: Ryobi Foundation Ranch – Conservation Easement Property (Garfield County, CO) March 3, 2017 Page 3 of 9 Rare Earth Science Evaluation of Potential Mineral Resources A number of information sources were reviewed for documented historic, or currently permitted, mining activities at the Site or adjoining properties, and for determining the likelihood that mineral resources could be surface mined at the Site. For purposes of this report, “minerals” do not include surface water or groundwater. Potentially valuable minerals are typically classified according to a “disposition class” as locatable, leasable, or salable. Each of these categories is described in detail below, including a ranking (i.e., none, low, moderate, or high) of the mineral resource potential at the Site. Mineral disposition classes are broad, and deposits of a given mineral may fall into more than one class depending upon their location, geologic setting, composition and other factors such as case law, and land and/or mineral tenure. For example, clays and zeolite can be considered locatable, leasable, or salable. Pumice, depending upon its type, may be considered locatable or salable (pumicite, volcanic ash, volcanic dust, and scoria) or it may be considered salable only (for example, volcanic cinders). Gypsum may be considered locatable or leasable (in the form of rock gypsum or anhydrite) or it may be salable only (in the form of gypsite) (USGS, 2011). The data sources reviewed for this MAR include:  Mineral and Surface Management Status Map – Carbondale, Colorado (BLM, 2008);  Roaring Fork and Crystal Valleys, an Environmental and Engineering Geology Study, Eagle, Garfield, Gunnison and Pitkin Counties, Colorado (CGS Environmental Geology No. 8, 1974);  Colorado’s Hydrothermal Resource Base – An Assessment (CGS Resource Series 6, 1979);  Inventory of Nonmetallic Mining and Processing Operations in Colorado (CGS Map Series 17, 1981);  Oil and Gas Fields Map of Colorado (CGS Map Series 33, 2002);  Radioactive Mineral Occurrences of Colorado (CGS Bulletin 40, 2005);  Coal Resource Maps of Colorado (CGS Map Series 43, 2006);  Gold Occurrences of Colorado (CGS Resource Series 28, 2011);  BLM National Integrated Land System transaction applications (www.geocommunicator.gov);  USGS Mineral Resource Data System (http://tin.er.usgs.gov/mrds/);  Colorado Division of Reclamation, Mining and Safety (DRMS) database for active and inactive mines (www.mining.state.co.us); Mineral Assessment Report: Ryobi Foundation Ranch – Conservation Easement Property (Garfield County, CO) March 3, 2017 Page 4 of 9 Rare Earth Science  Colorado Oil & Gas Conservation Commission (COGCC) database for oil & gas wells (http://cogcc.state.co.us/#/home);  7.5-minute series Carbondale, Colorado (USGS, 1961 [photorevised 1987]) topographic map;  Mineral Resource Potential and Geology of the White River National Forest and the Dillon Ranger District of the Arapahoe National Forest, Colorado (USGS Bulletin 2035, 1993); and  Development of Industrial Minerals in Colorado (USGS Circular 1368, 2011). The historic topographic map shows a surface-mining operation (i.e., gravel pit) near the southern edge of the Site in the SW ¼ of Section 26. The BLM Mineral Management Status Map indicates that the Federal government has not reserved any mineral rights at the Site. See the attached Figure 5 for a generalized map displaying the status of nearby Federal mineral ownership. Title commitment information provided by Land Title Guarantee Company (effective November 28, 2016) does not indicate any Federal or State mineral reservations, current/active mineral leases, or mining claims. The title work shows a private mineral reservation recorded in 1959 by Edith & Freeman James and Shirley Sparks for ½-interest “in and to all oil, gas, and other minerals” at part of the Site. However, a detailed review of the Site’s title work is beyond the scope of this initial MAR. Locatable Minerals (Resource Potential = Low): this category includes all minerals for which exploration, production, and development are regulated by the General Mining Law of 1872, as amended (30 U.S.C. § 21 et seq.) and include most of the metallic minerals (e.g., gold, silver, copper, molybdenum, rare-earth elements, uranium, etc.) and also certain industrial minerals such as high-calcium limestone and gypsum, vermiculite, pegmatite-hosted non-metallics, gemstones, etc. Locatable minerals are typically considered “hard-rock minerals” found in lode, vein, disseminated, or placer deposits. The known metallic-mineral deposits in Colorado have been widely studied and are well documented in the literature. None of these commodities are shown to occur, nor have they been mined historically at the Site or adjoining lands according to the data reviewed for this MAR. No mines, prospects, or mineralized areas were identified at the Site or adjoining lands. The Site is located outside of the Colorado Mineral Belt, a 10- to 60-mile-wide southwest-northeast-trending zone of hydrothermal mineral deposits that extends roughly from the La Plata Mountains near Durango to the Front Range north of Boulder. No veins or lodes are known to intersect the Site, and the underlying sediments and geologic structure do not favor the occurrence of commercial deposits of locatable minerals. USGS and CGS do not report any known locatable mineral deposits or resources at the Site or adjoining lands, nor are there any currently permitted locatable mineral mines listed in the DRMS database near the Site. USGS reports the nearest location for potential metallic-mineral resources about 11 miles south of the Site in the Bulldog Creek and Spring Butte Mine area, where small replacement deposits have been identified containing copper, lead, and silver minerals in the Bulldog District. No proposed or actively permitted rare-earth element (REE) mines were identified anywhere near the Site. The geology at the Site does not fit the USGS profile for REE occurrences on a Mineral Assessment Report: Ryobi Foundation Ranch – Conservation Easement Property (Garfield County, CO) March 3, 2017 Page 5 of 9 Rare Earth Science commercially minable scale, and the majority of viable REE deposits in Colorado are found only in Fremont, Gunnison, and Moffat Counties. Leasable Minerals (Resource Potential = Low): this category includes oil, gas, coal, coalbed methane, oil shale, geothermal energy, and several other minerals (e.g., potash, sodium, phosphate, native asphalt, bitumen or bituminous rock, etc.). These minerals are defined as “leasable commodities” by the Mineral Leasing Act of 1920, as amended (30 U.S.C. § 181 et seq.). The Geothermal Steam Act of 1970, as amended (30 U.S.C. § 1001 et seq.) also authorizes and governs the lease of geothermal steam and related resources on public lands. No historic mining or drilling for leasable minerals was identified in the CGS, DRMS, or USGS literature for the Site. Oil & Gas Resources No oil & gas fields are known to underlie the Site, and a search of the COGCC database revealed three historic wells drilled within a 4-mile radius of the Site. All of the wells are reported as plugged & abandoned, meaning they were likely “dry holes” (with no hydrocarbons) or unable to produce marketable quantities of oil & gas. The nearest well (with COGCC data) was drilled in 1962 by Champlin Oil & Refining Company about 1.5 miles east-southeast of the Site in the SW ¼ of Section 30, T7S, R87W. The well is identified as the Lloyd and Mary Blue No. 1, with a total depth reported as 2,320 feet into the Minturn Formation. No active Federal leases, recent drilling activity, or pending drilling or seismic permits were identified in the COGCC or BLM databases for the Site and adjoining lands. The adjoining lands with Federal mineral ownership were not included in BLM’s most recent (February 9th) competitive oil & gas lease sale, nor are these lands proposed for the upcoming May 11th or August 10th lease sales. Additionally, no active State Land Board oil & gas leases were indicated in the Site vicinity. The nearest oil and/or gas production activities in the regional area are located in the Piceance Creek Basin, more than 12 miles west of the Site (near the Town of Silt), where there are several thousand wells producing natural gas (and a minor amount of crude oil) primarily from the Upper Cretaceous-age Mesaverde Group (Map Unit Kmv). According to COGCC, the entire Site is mapped as “Sensitive Wildlife Habitat” (SWH) to protect mule deer critical winter range; however, none of the Site is mapped as a “Restricted Surface Occupancy” (RSO) area. These areas are defined and regulated by the COGCC 1200-Series Rules, which require oil & gas operators to consult with Colorado Parks and Wildlife, the surface owner, and the COGCC Director whenever a new oil & gas location is proposed in a SWH or RSO area. Coal Resources The Site is situated about 6 miles east of the Uinta Coal Basin and the Carbondale Coal Field. Coal deposits lie in a relatively narrow interval of the lower Map Unit Kmv, known as the Cameo-Fairfield Coal Group and Cameo-Wheeler Coal Zone, extending throughout the subsurface of the Piceance Creek Basin. None of these coal-bearing geologic units are known to underlie the Site, nor is CBM expected to be present beneath the Site. No mines have operated in the Carbondale Coal Field since the last Coal Basin mine, located about 16 miles southwest of the Site (to the west of Redstone), was closed in 1990. The nearest historic coal mining activity occurred in the Thompson Creek area, located about 8 Mineral Assessment Report: Ryobi Foundation Ranch – Conservation Easement Property (Garfield County, CO) March 3, 2017 Page 6 of 9 Rare Earth Science miles southwest of the Site, which produced bituminous coal during the early part of the 1900s. The nearest active commercial coal operations in the regional area include the Bowie, West Elk and Elk Creek mines, located about 35 miles southwest of the Site near the community of Somerset in Gunnison and Delta counties. Coal production occurs by underground mining in north-dipping beds of the lower portion of Map Unit Kmv. CBM is not expected to be present at the Site, as CBM reservoirs occur mostly in the Williams Fork and Iles Formations of Map Unit Kmv. Most of the known production in the regional area comes from the Piceance Creek Basin more than 12 miles west of the Site. Other Leasable Mineral Resources Accumulations of organic marlstone (a.k.a. “oil shale”) occur exclusively in the Parachute Creek Member of the Tertiary-age Green River Formation, which is not found at or near the Site. No oil-shale research, mining or processing facilities currently operate in the Site vicinity, and the nearest geologically prospective commercial oil-shale deposits are found more than 30 miles west-northwest of the Site in the Piceance Creek Basin northwest of the City of Rifle in Garfield and Rio Blanco counties. The Site is not in a known geothermal leasing area, and no nearby geothermal resources are documented in the CGS or USGS literature. The nearest identified thermal resources are centered around the well-documented Glenwood Springs thermal (approximately 10 miles northwest of the Site). Salable Minerals (Resource Potential = Moderate): this category includes both nonmetallic and several industrial minerals (e.g., dimension stone, sand & gravel, clay, petrified wood, volcanic cinders, etc.) falling under the purview of the Materials Act of 1947, as amended (30 U.S.C. § 601 et seq.). None of these commodities have been mined historically at the Site according to the CGS, DRMS, and USGS literature reviewed for this report; however, recent sand & gravel mining has occurred on adjoining land to the south. The DRMS database indicates that the nearest active sand & gravel mining permit is located on land adjoining the Site in the S ½ of Section 26. The 93.9-acre Powers Pit was operated by Lafarge West, Inc. (Lafarge) on a portion of the larger Powers Ranch, and was originally permitted in 1980 (under DRMS Permit No. M1979-134). The original DRMS-permitted mining area encompassed 39 acres, with the boundary expanded over time to a total of 93.9 acres including a portion of the Site in the N ½ of the N ½ of Section 26. According to DRMS records, Lafarge’s mining operations ceased in 2012 and the area has been in the final stages of reclamation since then, with the pit floor area being reclaimed to commercial/industrial standards (approximately 24 acres) and the hillsides to a rangeland standard (approximately 40 acres). The remaining DRMS-permitted acreage (approximately 30 acres; including part of the Site) was apparently undisturbed and does not require reclamation. A long-term lease also exists between the Site owner and Oldcastle Group SW Inc. that allows for a concrete batch plant to remain at the existing pit (within a designated 5.7-acre area); however, continued aggregate mining is not allowed at the Site or adjoining Powers Ranch lands. Mineral Assessment Report: Ryobi Foundation Ranch – Conservation Easement Property (Garfield County, CO) March 3, 2017 Page 7 of 9 Rare Earth Science The majority of commercial sand & gravel mining in the regional area is performed in floodplains and lower terraces near the Roaring Fork River, which provide the source of the best quality sand & gravel for concrete aggregate and road-building materials. Commodities such as sand & gravel generally have a low unit-value (i.e., value per ton), and their exploitation is dependent on easy access to transportation and local markets. No building/dimension stone, limestone, marble, clay, fluorite, peat, pumice, perlite, cinder, pegmatite or other salable mineral locales, or historic mining activities, were identified at or near the Site. Conclusion Rare Earth reviewed a number of public documents related to current and historic mining operations and the associated mineral-resource potential for the Site and surrounding area. It is our opinion that the resource potential for locatable and leasable minerals is low at the entire Site; and, the resource potential for salable minerals (specifically: common varieties of sand & gravel) is moderate in terrace deposits found along the southern boundary of the Site. Typically, mineral rights for these types of surficial materials remain united with the current surface estate unless they were expressly reserved in a private mineral deed. However, it is our opinion that future surface mining for salable minerals would not be a permissible or permittable activity at the Site since an access agreement, lease or easement (i.e., a legal “right-to-enter”) must be in place with all affected landowners prior to DRMS issuing a new mining permit, and the proposed CE would also prohibit or severely limit such mining activity at the Site. At the time of preparing this MAR and the expected timing of the CE conveyance, there were no plans, permits or proposals identified for commercial salable-mineral extraction activities that would affect the Site. Therefore, commercial surface mining for salable materials at the Site is believed to be a remote future event. Based upon our review of the aforementioned documents, and given current surface-mining techniques and our understanding of local geologic conditions and technologic & economic constraints, it is our opinion that the probability of extraction or removal of minerals by any surface mining method at the Ryobi Foundation Ranch 339.831-acre CE property is so remote as to be negligible. Respectfully Submitted, Rare Earth Science, LLC James C. Armstrong Principal Geologist Mineral Assessment Report: Ryobi Foundation Ranch – Conservation Easement Property (Garfield County, CO) March 3, 2017 Page 8 of 9 Rare Earth Science cc: E. Quinn (AVLT) D. Pratte (The Land Studio) Attachments • Preparer’s Qualifications • Figure 1 – Regional & Local Locator Maps • Figure 2 – Topographic Map • Figure 3 – Aerial Photograph • Figure 4 – Geologic Map • Figure 5 – Mineral Ownership Status • Legal Description Mineral Assessment Report: Ryobi Foundation Ranch – Conservation Easement Property (Garfield County, CO) March 3, 2017 Page 9 of 9 Rare Earth Science Preparer’s Qualifications James Armstrong is a geologist and environmental scientist with 24 years of residency in Colorado, and has lived in Grand Junction and Gunnison since 1998. He meets the qualifications of a Professional Geologist as defined by Colorado Revised Statute 34-1-201. Mr. Armstrong received a B.S. degree in Geology from Kansas State University in 1983, and completed additional graduate-level coursework in environmental and natural-resource studies at the University of Alaska in Anchorage. He spent 7 years working in various private-industry technical positions related to oil and gas exploration & production, geophysical consulting, and petroleum refining & marketing operations in the central U.S., south Texas and the Gulf of Mexico. Since 1990, he has been employed as a consulting geologist and environmental scientist serving private-sector, non-profit and government-agency clients in Alaska, Hawaii, and the central and western United States. Mr. Armstrong is accomplished in field studies, mineral- reserve evaluations, project management and regulatory compliance, and has prepared numerous Mineral Assessment Reports for conservation-easement and habitat-protection projects in Colorado, Kansas, Minnesota, New Mexico, Texas and Wyoming. He is the founder of (and a partner in) Rare Earth Science, LLC. Mr. Armstrong also co-authored and edited the revised edition of Mineral Development and Land Conservation: A Handbook for Conservation Professionals, published in 2011 by the Colorado Coalition of Land Trusts. ¬«82¬«133 USGS Hillshade Topographic Map Sourced from Esri Online Server Effective Scale All Locations ApproximateK 0 1 2 Miles 1:100,000 ^_Site Denver Grand Junction Colorado Springs STATE OF COLORADO Ryobi Ranch CE ("Site") Conserved private land State Fish Hatchery/Unit State Habitat Area State Wildlife Area BLM land County line State highway Regional & LocalLocator Maps Mineral Assessment ReportGarfield County, Coloradowww.rareearthscience.comMap by H. Watts | March 2017 1FIGURERYOBI RANCH CE Land ownership and conservation status from Lavender et al. 2011. COMaP v9: Colorado Ownership, Management & Protection. USGS Hillshade Topographic Map Sourced from Esri Online Server Effective Scale All Locations ApproximateK 0 0.25 0.5 Mile 1:24,000 Site Conserved private land State Wildlife Area BLM land TopographicMap Mineral Assessment ReportGarfield County, Coloradowww.rareearthscience.comMap by H. Watts | March 2017 2FIGURERYOBI RANCH CE Land ownership and conservation status from Lavender et al. 2011. COMaP v9: Colorado Ownership, Management & Protection. World Aerial Imagery (NAIP 2015) Sourced from Esri Online Server Effective Scale All Locations ApproximateK 0 0.25 0.5 Mile 1:14,000 Site AerialPhotograph Mineral Assessment ReportGarfield County, Coloradowww.rareearthscience.comMap by H. Watts | March 2017 3FIGURERYOBI RANCH CE Tbb Tbb Qg TbbQl Qa Pee QTa Pee Ql PPm PPm Pee Qgo Pe Tbb Qgo Pee Tbb QTa Qgo QTa QTa World Aerial Imagery (NAIP 2015) Sourced from Esri Online Server Effective Scale All Locations ApproximateK 0 0.5 1 Mile 1:50,000 Site Generalized (500K Scale) Geology PPm | Maroon Fm Pe | Eagle Valley Fm Pee | Eagle Valley Fm - evaporitic facies QTa | Ancient alluvium Qg | Gravels and alluviums Qgo | Older gravels and alluviums Ql | Landslide deposits Tbb | Basalt flows and associated tuff, breccia, and conglomerate of late- volcanic bimodal suite GeologicMap Mineral Assessment ReportGarfield County, Coloradowww.rareearthscience.comMap by H. Watts | March 2017 4FIGURERYOBI RANCH CE Data Source: Green, G.N., 1992, The Digital Geologic Map of Colorado in ARC/INFO Format: U.S. Geological Survey Open-File Report 92-0507, 9 p. http://pubs.usgs.gov/of/1992/ofr-92-0507 ! ! ! ! B USGS Hillshade Topographic Map Sourced from Esri Online Server Effective Scale All Locations ApproximateK 0 1 2 Miles 1:100,000 Site All minerals reserved by the federal government Coal only reserved by the federal government Oil and Gas only reserved by the federal government Other minerals reserved by the federal government Petroleum Wells !Plugged & abandoned MineralOwnership Status Mineral Assessment ReportGarfield County, Coloradowww.rareearthscience.comMap by H. Watts | March 2017 5FIGURERYOBI RANCH CE Data Sources: BLM Colorado Federal Mineral Ownership Shapefile December 19, 2014; Colorado State Land Board Mineral Estate Shapefile July 1, 2016; COGCC Wells Shapefile February 3, 2016. 1 LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN THE E1/2 SE1/4 OF SECTION 23, NE1/4 NE1/4 AND LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, AND 13 OF SECTION 26, LOTS 1, 6, 7, 8, AND 9 OF SECTION 27, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL IS ALSO WITHIN THE PROPERTIES DESCRIBED IN THE PARCEL PLAT OF RYOBI FOUNDATION PROPERTY RECORDED __________, 2017 AS _______ AND THE SPECIAL WARRANTY DEED RECORDED FEBRUARY 4, 2016 AS RECEPTION NO. 873204 IN SAID COUNTY RECORDS; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHEAST SIXTEENTH CORNER OF SAID SECTION 26; THENCE N 04°07'39" E ALONG THE WESTERLY LINE OF THE NE 1/4 NE 1/4 OF SAID SECTION 26 A DISTANCE OF 933.65 FEET; THENCE LEAVING SAID WESTERLY LINE THE FOLLOWING TWENTY-FOUR (24) COURSES: 1) N 89°58'23" E, 375.48 FEET; 2) N 03°22'03" W, 389.50 FEET; 3) N 23°36'35" E, 324.06 FEET; 4) N 01°25'00" E, 199.98 FEET; 5) N 20°21'55" W 252.96 FEET; 6) N26°32'42" E, 192.25 FEET; 7) N 13°47'35" E, 243.02 FEET; 8) N 41°43'57" E, 178.62 FEET; 9) N 41°20'48" E, 185.30 FEET; 10) N 34°42'22" E, 123.49 FEET; 11) N 19°41'47" E, 496.13 FEET; 12) N 59°23'08" E, 240.05 FEET; 13) S 02°43'20" E, 607.12 FEET; 14) S 43°49'16" W, 282.47 FEET; 15) S 30°48'53" W, 94.43 FEET; 16) S 16°43'08" W, 922.00 FEET; 17) 442.80 ALONG THE ARC OF A CURVE TO THE LEFT, RADIUS OF 500.00 FEET, CENTRAL ANGLE OF 50°44'27" (CHORD BEARS S 08°39'06" E, 428.47 FEET); 18) S 34°01'19" E 393.55 FEET; 19) 628.24 ALONG THE ARC OF A CURVE TO THE RIGHT, RADIUS OF 1163.48 FEET, CENTRAL ANGLE OF 30°56'16" (CHORD BEARS S 10°03'09" E, 620.63 FEET); 20) S 05°25'12" W, 221.26 FEET; 21) 322.09 ALONG THE ARC OF A CURVE TO THE RIGHT, RADIUS OF 782.00 FEET, CENTRAL ANGLE OF 23°35'56" (CHORD BEARS S 17°13'10" W, 319.82 FEET); 22) S 29°01'08" W, 332.42 FEET; 23) S 22°57'21" W, 153.45 FEET; 24) 239.75 ALONG THE ARC OF A CURVE TO THE LEFT, RADIUS OF 744.22 FEET, CENTRAL ANGLE OF 18°27'28" (CHORD BEARS S 13°43'38" W, 238.71 FEET) TO A POINT ON THE NORTHERLY LINE OF SAID GOVERNMENT LOT 8; THENCE ALONG SAID 2 NORTHERLY LINE S 89°59'00" W, A DISTANCE OF 13.63 FEET; THENCE LEAVING SAID NORTHERLY LINE THE FOLLOWING SIX (6) COURSES: 1) S 02°55'00" W, A DISTANCE OF 134.10 FEET; 2) S 32°29'00" W, A DISTANCE OF 435.00 FEET; 3) S 58°21'00" W, A DISTANCE OF 471.00 FEET; 4) S 46°48'00" W, A DISTANCE OF 964.00 FEET; 5) S 38°59'00" W, A DISTANCE OF 245.00 FEET; 6) S 20°32'00" W, A DISTANCE OF 174.46 FEET TO AN ANGLE POINT ON THE POWERS RANCH EXEMPTION PARCEL AS DESCRIBED IN THE POWERS RANCH EXEMPTION PLAT RECORDED NOVEMBER 12, 2015 AS RECEPTION NO. 870370 OF SAID COUNTY RECORDS, SAID POINT ALSO BEING ON THE WESTERLY BOUNDARY OF THE COUNTY ROAD 103 RIGHT-OF-WAY RECORDED AS RECEPTION NOS. 834949 AND 848459 OF SAID COUNTY RECORDS; THENCE LEAVING SAID POINT ALONG THE BOUNDARY OF SAID PARCEL THE FOLLOWING EIGHT (8) COURSES: 1) N 17°13'05" W, A DISTANCE OF 322.31 FEET; 2) N 26°23'34" E, A DISTANCE OF 513.74 FEET; 3) N 47°35'39" W, A DISTANCE OF 200.60 FEET; 4) N 83°17'54" W, A DISTANCE OF 1078.34 FEET; 5) S 45°13'06" W, A DISTANCE OF 172.67 FEET; 6) S 09°09'24" W, A DISTANCE OF 429.33 FEET; 7) S 47°51'24" W, A DISTANCE OF 279.31 FEET; 8) S 26°07'44" W, A DISTANCE OF 276.01 FEET TO A POINT ON THE NORTHERLY RIGHT- OF-WAY OF STATE HIGHWAY NO. 82 AND THE EASTERLY LINE OF GOVERNMENT LOT 13; THENCE LEAVING SAID RIGHT-OF-WAY AND ALONG SAID EASTERLY LINE N 00°01'01" W A DISTANCE OF 279.23 FEET; THENCE LEAVING SAID EASTERLY LINE S 84°43'11" W, A DISTANCE OF 251.75 FEET; THENCE N 68°28'44" W, A DISTANCE OF 452.94 FEET TO A POINT ON THE NORTHERLY LINE OF SAID GOVERNMENT LOT 13; THENCE ALONG SAID NORTHERLY LINE N 89°48'27" W, 780.42FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF SAID STATE HIGHWAY NO. 82; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY THE FOLLOWING FIVE (5) COURSES: 1) N 72°50'49" W, 681.85 FEET; 2) 618.28 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1950.00 FEET AND A CENTRAL ANGLE OF 18°10'00" (CHORD BEARS N 81°55'49" W, 615.70 FEET); 3) S 88°59'11" W, 35.43 FEET; 4) N 77°38'19" W, 141.70 FEET; 5) S 89°10'41" W, 358.80 FEET; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY THE FOLLOWING SIX (6) COURSES: 1) N 03°24'45" W, 113.52 FEET; 2) N 02°09'37" W, 87.20 FEET; 3) N 01°05'21" W, 395.78 FEET; 3 4) N 14°00'21" W, 124.90 FEET; 5) N 89°12'01" E, 66.46 FEET; 6) N 00°03'59" W, 290.86 FEET TO A POINT ON THE NORTHERLY LINE OF SAID GOVERNMENT LOT 6; THENCE ALONG THE NORTHERLY LINE OF SAID GOVERNMENT LOT 6 N 88°35'11" E, A DISTANCE OF 52.83 FEET TO THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 1; THENCE ALONG THE WESTERLY LINE OF SAID GOVERNMENT LOT 1 N 00°43'45" E, A DISTANCE OF 915.14 FEET TO THE NORTHEAST SIXTEENTH CORNER OF SAID SECTION 27; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 1 S 88°40'31" E, A DISTANCE OF 1297.38 FEET TO THE NORTH SIXTEENTH CORNER OF SAID SECTION 27 AND SECTION 26; THENCE ALONG THE NORTHERLY BOUNDARY OF GOVERNMENT LOTS 3 AND 4 S 89°59'06" E, A DISTANCE OF 2923.56 FEET TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 3; THENCE ALONG THE NORTHERLY BOUNDARY OF GOVERNMENT LOT 2 S 89°09'58" E, A DISTANCE OF 1306.72 FEET TO THE POINT OF BEGINNING. SAID CONSERVATION EASEMENT CONTAINS 14,803,035 SQUARE FEET OR 339.831 ACRES MORE OR LESS. COUNTY OF GARFIELD STATE OF COLORADO INVOICE Land Title Guarantee Company 5975 Greenwood Plaza Blvd Suite 125 Greenwood Village, CO 80111 970-945-2610 HOLLAND & HART LLP EVAN L RANDALL 555 17TH ST #3200 DENVER, CO 80202 Invoice Number: GWS-5218 Date: January 31, 2019 Order Number: 63013455 Property Address: 13114 HIGHWAY 82 CARBONDALE 81623 Parties: A Buyer To Be Determined Invoice Charges Service: TBD Commitment Ref: 63013455 Addr: 13114 HIGHWAY 82 Party: FOUNDATION RYOBI, A COLORADO NON-PROFIT CORPORATION Total Amount Invoiced: Less Payment(s): Balance Due: $216.00 $216.00 $0.00 $216.00 Due and Payable upon receipt Please make check payable to Land Title Guarantee Company and send to the address at the top of Page 1. Please reference Invoice Number GWS-5218 on your Payment Page 1 invoice.odt 14420 07/2015 07/30/13 11:06:43 AM Reference Your Reference Number: TBD Commitment - 63013455 Our Order Number: GWS-5218 Our Customer Number: 6501.35 Invoice Requested by: EVAN L RANDALL Invoice (Process) Date: January 31, 2019 Transaction Invoiced By: Web Services Email Address: system@ltgc.com Land Title Guarantee Company Customer Distribution PREVENT FRAUD - Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. Order Number:GC63013455 Date: 01/31/2019 Property Address:13114 HIGHWAY 82, CARBONDALE, CO 81623 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance For Title Assistance Garfield County Title Team 901 GRAND AVENUE #202 GLENWOOD SPRINGS, CO 81601 (970) 945-2610 (Work) (970) 945-4784 (Work Fax) glenwoodresponse@ltgc.com HOLLAND & HART LLP Attention: EVAN RANDALL 555 17TH ST #3200 DENVER, CO 80202 (303) 295-8165 (Work) (303) 295-8261 (Work Fax) elrandall@hollandhart.com Delivered via: Electronic Mail Land Title Guarantee Company Estimate of Title Fees Order Number:GC63013455 Date: 01/31/2019 Property Address:13114 HIGHWAY 82, CARBONDALE, CO 81623 Parties:A BUYER TO BE DETERMINED FOUNDATION RYOBI, A COLORADO NON-PROFIT CORPORATION Visit Land Title's Website at www.ltgc.com for directions to any of our offices. Estimate of Title insurance Fees "TBD" Commitment $216.00 Total $216.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property. Chain of Title Documents: Garfield county recorded 02/04/2016 under reception no. 873204 Property Address: 13114 HIGHWAY 82, CARBONDALE, CO 81623 1. Effective Date: 01/04/2019 at 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "TBD" Commitment Proposed Insured: A BUYER TO BE DETERMINED $0.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: FOUNDATION RYOBI, A COLORADO NON-PROFIT CORPORATION 5. The Land referred to in this Commitment is described as follows: A PARCEL OF LAND SITUATED IN THE E 1/2 SE 1/4 OF SECTION 23, NE 1/4 NE 1/4 AND LOTS 1, 2, 3, 6, 7, 8, 9, 10, AND 11 OF SECTION 26, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE TO A BEARING OF S89° 59'06"E BETWEEN THE N 1/16 OF SAID SECTIONS 26 AND 27 AND THE N-C 1/16 OF SAID SECTION 26; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:​ BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 2, GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE S04° 11'14"W ALONG THE EASTERLY LINE OF SECTION 26, A DISTANCE OF 1363.16 FEET TO THE NORTH SIXTEENTH CORNER OF SECTION 26 AND SECTION 25 A BLM CAP IN PLACE; THENCE CONTINUING ALONG SAID EASTERLY LINE S04° 11'14"W, A DISTANCE OF 882.56 FEET; THENCE LEAVING SAID EASTERLY LINE S89° 59'00"W ALONG THE NORTHERLY LINE OF GOVERNMENT LOT 8, A DISTANCE OF 441.07 FEET TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NO. 214401 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE, A REBAR AND CAP L.S. #19598 IN PLACE; THENCE S02° 55'00"W ALONG THE EASTERLY BOUNDARY OF SAID PARCEL, A DISTANCE OF 134.10 FEET TO A REBAR AND CAP L.S. #27613 IN PLACE; THENCE CONTINUING ALONG SAID EASTERLY LINE S32° 29'00"W, A DISTANCE OF 435.00 FEET TO A REBAR AND CAP L.S. #27613 IN PLACE; THENCE CONTINUING ALONG SAID EASTERY LINE S58° 21'00"W, A DISTANCE OF 471.00 FEET TO A REBAR AND CAP L.S. #19598 IN PLACE; THENCE CONTINUING ALONG SAID EASTERLY LINE S46° 48'00"W, A DISTANCE OF 964.00 FEET TO A REBAR AND CAP L.S. #19598 IN PLACE; THENCE CONTINUING ALONG SAID EASTERLY LINE S38° 59'00"W, A DISTANCE OF 245.00 FEET TO A REBAR AND CAP L.S. #19598 IN PLACE; THENCE CONTINUING ALONG SAID EASTERLY LINE S20° 32'00"W, A DISTANCE OF 586.33 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF STATE HIGHWAY NO. 82, A REBAR AND CAP L.S. #19598 IN PLACE; THENCE LEAVING SAID EASTERLY LINE N75° 40'49"W ALONG SAID NORTHERLY RIGHT-OF-WAY, A DISTANCE OF 86.38 FEET; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY N17° 10'41"E, A DISTANCE OF 115.01 FEET; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY N72° 49'19"W, A DISTANCE OF 100.00 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S17° 10'41"W, 120.00 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N75° 40'49"W, A DISTANCE OF 200.17 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N72° 49'19"W, A DISTANCE OF 1100.00 FEET; THENCE ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:GC63013455 Copyright 2006-2019 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. CONTINUING ALONG SAID RIGHT-OF-WAY N69° 00'19"W, A DISTANCE OF 38.14 FEET TO A POINT ON THE EASTERLY LINE OF GOVERNMENT LOT 13; THENCE LEAVING SAID RIGHT-OF-WAY N00° 01'01"W ALONG THE EASTERLY LINE OF GOVERNMENT LOT 13, A DISTANCE OF 279.23 FEET, A REBAR AND CAP L.S. 27613 IN PLACE; THENCE LEAVING SAID EASTERLY LINE N03° 23'14"E, A DISTANCE OF 2356.79 FEET TO THE NORTHERLY LINE OF SAID GOVERNMENT LOT 3; THENCE ALONG SAID NORTHERLY LINE S89° 59'06"E, A DISTANCE OF 917.96 FEET; THENCE LEAVING SAID NORTHERLY LINE S89° 09'58"E ALONG THE NORTHERLY LINE OF GOVERNMENT LOT 2, A DISTANCE OF 1306.72 FEET TO THE NORTHEAST SIXTEENTH CORNER OF SAID SECTION 26, AN ALUMINUM CAP L.S. #19598 IN PLACE; THENCE LEAVING SAID NORTHERLY LINE N04° 07'39"E ALONG THEN WESTERLY LINE OF THE NE 1/4 NE 1/4 OF SAID SECTION 26, A DISTANCE OF 1379.79 FEET TO THE EAST SIXTEENTH CORNER OF SAID SECTION 26 AND SECTION 23, A BLM CAP IN PLACE; THENCE LEAVING SAID WESTERLY LINE N01° 16'05"W ALONG THE WESTERLY LINE OF THE E 1/2 SE 1/4 OF SAID SECTION 23, A DISTANCE OF 2603.33 FEET TO THE EAST-CENTER SIXTEENTH CORNER OF SAID SECTION 23 A BLM CAP IN PLACE; THENCE LEAVING SAID WESTERLY LINE N89° 52'49"E ALONG THE NORTHERLY LINE OF SAID E 1/2 SE 1/4, A DISTANCE OF 1237.66 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 23, A COUNTY SURVEYOR CAP IN PLACE; THENCE LEAVING SAID NORTHERLY LINE S02° 43'19"E ALONG THE EASTERLY LINE OF SAID SECTION 23, A DISTANCE OF 1321.78 FEET TO THE SOUTH SIXTEENTH CORNER OF SAID SECTION 23 AND SECTION 24, A BLM CAP IN PLACE; THENCE CONTINUING ALONG THE EASTERLY LINE OF SAID SECTION 23 S02° 47'17"E,A DISTANCE OF 1322.30 FEET TO THE POINT OF BEGINNING.​ LEAGAL DESCRIPTION CREATED BY​ SOPRIS ENGINEERING -LLC​ 502 MAIN STREET, SUITE A3​ CARBONDALE, COLORADO 81623 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:GC63013455 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: GC63013455 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8. EXISTING LEASES AND TENANCIES. 9. RIGHT OF 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 MARCH 14, 1894, IN BOOK 12 AT PAGE 307. 10. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 8, 1899 IN BOOK 12 AT PAGE 526. 11. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED FEBRUARY 19, 1923 IN BOOK 73 AT PAGE 130. 12. 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 MAY 09, 1898, IN BOOK 12 AT PAGE 485. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: GC63013455 13. RESERVATONS AS CONTAINED IN DEED FROM EDITH JAMES, ALSO KNOWN AS EDITH S. JAMES, FREEMAN S. JAMES, ALSO KNOWN AS F.S. JAMES AS FREEMAN SMITH JAMES AND SHIRLEY L. SPARKS (FORMERLY SHIRLEY L. JAMES) TO RICHARD C. MARTIN AND WILMA S. MARTIN, RECORDED JANUARY 31, 1959, IN BOOK 315 AT PAGE 10, PROVIDING AS FOLLOWS: AND PROVIDED FURTHER THAT THE GRANTORS HEREIN, FOR THEMSELVES, THEIR HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS RESERVE, AND EXCEPT FROM THIS CONVEYANCE, AN UNDIVIDED 1/2 INTEREST IN AND TO ALL OIL, GAS AND OTHER MINERALS IN OR UNDER SAID LAND, OR WHICH MAY BE RECOVERED THEREFROM, AND ALSO THE RIGHT OF INGRESS AND EGRESS TO GO UPON SAID LANDS AND DRILL, PROSPECT FOR, AND PRODUCE, ANY SUCH OIL, GAS OR OTHER MINERALS, SUBJECT TO THE CONDITION THAT THE OWNERS OF SUCH RESERVED MINERAL ESTATE WILL BE REQUIRED TO PAY THE SURFACE OWNER ALL DAMAGES OCCASIONED BY ANY DRILLING, PROSPECTING, OR OTHER PRODUCTION OPERATIONS. 14. AS TO A PORTION OF THE E1/2 OF THE SOUTHEAST1/4 OF SECTION 23 AND OF THE NE1/4NE1/5 AND LOTS 1 TO 12 OF SECTION 26, SAND AND GRAVEL LEASE BETWEEN RICHARD C. MARTIN AND WILMA S. MARTIN, AS LESSORS AND ANDY ZEMLOCK, JR. AND MARTIN SCOTT ZEMLOCK, AS LESSEES, FOR A TERM OF YEARS, DATED FEBRUARY 27, 1963 RECORDED FEBRUARY 27, 1963 AT RECEPTION NO. 220571. 15. RIGHT OF WAY AND EASEMENT AGREEMENT FOR ROAD PURPOSES AS GRANTED IN INSTRUMENT RECORDED JUNE 10, 1968 IN BOOK 395 AT PAGE 23. 16. RIGHT OF WAY EASEMENT TO THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY AS GRANTED BY INSTRUMENT RECORDED SEPTEMBER 18, 1975 IN BOOK 454 AT PAGE 198. 17. EASEMENT TO U.S. WEST COMMUNICATIONS, INC. AS GRANTED BY INSTRUMENT RECORDED JULY 12, 1991 IN BOOK 808 AT PAGE 419. 18. RIGHT OF WAY EASEMENT TO U.S. WEST COMMUNICATIONS, INC. AS GRANTED BY INSTRUMENT RECORDED JULY 21, 1991 IN BOOK 808 AT PAGE 422. 19. RIGHT OF WAY EASEMENT TO HOLY CROSS ELECTRIC ASSOCIATION, INC. FOR AN ELECTRIC TRANSMISSION OR DISTRIBUTION LINE AS GRANTED BY INSTRUMENT RECORDED MARCH 31, 1972 IN BOOK 428 AT PAGE 541. 20. RIGHT OF WAY EASEMENT TO HOLY CROSS ELECTRIC ASSOCIATION, INC. AS GRANTED BY INSTRUMENT RECORDED MARCH 6, 1980 IN BOOK 544 AT PAGE 860 AND RECORDED MARCH 19, 1991 IN BOOK 800 AT PAGE 565 AND RECORDED AUGUST 28, 1995 IN BOOK 951 AT PAGE 287. 21. RIGHT OF WAY EASEMENTS TO HOLY CROSS ENERGY AS GRANTED BY INSTRUMENT RECORDED MAY 30, 2000 IN BOOK 1189 AT PAGE 639, IN BOOK 1189 AT PAGE 641 AND IN BOOK 1189 AT PAGE 643. 22. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT, DEEDS AND AGREEMENT RECORDED SEPTEMBER 04, 1992 IN BOOK 840 AT PAGE 970 AND FIRST AMENDMENT TO EASEMENT, DEEDS AND AGREEMENT RECORDED MAY 2, 2016 UNDER RECEPTION NO. 876624 23. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN HOLY CROSS ENERGY RIGHT OF WAY EASEMENT RECORDED AUGUST 28, 2008 UNDER RECEPTION NO. 754761. 24. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN TRENCH, CONDUIT, AND VAULT AGREEMENT RECORDED JUNE 01, 2010 UNDER RECEPTION NO. 786667. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: GC63013455 25. EASEMENT GRANTED TO HOLY CROSS ENERGY, A COLORADO CORPORATION, FOR UNDERGROUND ELECTRIC TRANSMISSION OR DISTRIBUTION LINE, AND INCIDENTAL PURPOSES, BY INSTRUMENT RECORDED JUNE 01, 2010, UNDER RECEPTION NO. 786668. 26. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN VIEW PLANE NEGATIVE EASEMENT AND COVENANTS RECORDED MARCH 19, 2012 UNDER RECEPTION NO. 816134. 27. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED OCTOBER 11, 2011 AT RECEPTION NO. 809167. 28. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN ROAD CONSTRUCTION AGREEMENT RECORDED MAY 13, 2013 UNDER RECEPTION NO. 834949. 29. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN LAND USE CHANGE PERMIT RECORDED MAY 14, 2013 UNDER RECEPTION NO. 835254. RESOUTION NO. 2015-09 APPROVING FIRST AMENDMENT OT LAND USE CHAGE PERMIT RECORDED FEBRUARY 3, 2015 UNDER RECEPTION NO. 858935. 30. TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS RIGHT OF WAY EASEMENT RECORDED JULY 12, 2013 AT RECEPTION NO. 837919 AND RE RECORDED JULY 25, 2013 AT RECEPTION NO. 838444. 31. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 14-19 RECORDED APRIL 22, 2014 AT RECEPTION NO. 848456. 32. TERMS, CONDITIONS AND PROVISIONS OF UTILITY EASEMENT RECORDED APRIL 22, 2014 AT RECEPTION NO. 848457. 33. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. PC-2014-02 RECORDED APRIL 09, 2014 AT RECEPTION NO. 848030. 34. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2014-20 RECORDED APRIL 22, 2014 AT RECEPTION NO. 848461. 35. TERMS, CONDITIONS AND PROVISIONS CONTAINED IN RESOLUTION NO 14-19 RECORDED APRIL 22, 2014 UNDER RECEPTION NO. 848456. 36. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN DEED OF CONSERVATION EASEMENT IN GROSS RECORDED AUGUST 21, 2017 UNDER RECEPTION NO. 896392. 37. LAND SURVEY OF RYOBI FOUNDATION CONSERVATION EASEMENT RECORDED AUGUST 21, 2017 UNDER RECEPTION NO. 896393. 38. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PARCEL PLAT OF RYOBI FOUNDATION PROPERTY RECORDED AUGUST 21, 2017 UNDER RECEPTION NO. 896597. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: GC63013455 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: The Subject real property may be located in a special taxing district.(A) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (B) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. (C) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (A) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (B) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. (C) The Company must receive payment of the appropriate premium.(D) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. (E) This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from 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 (A) That such mineral estate may include the right to enter and use the property without the surface owner's permission.(B) JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and The public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Commitment For Title Insurance Issued by Old Republic National Title Insurance Corporation 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, Old Republic National Title Insurance Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Comitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY 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. “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (b) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c) “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. (d) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (f) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (g) “Title”: The estate or interest described in Schedule A.(h) the Notice;(a) the Commitment to Issue Policy;(b) the Commitment Conditions;(c) Schedule A;(d) Schedule B, Part I—Requirements; and(e) Schedule B, Part II—Exceptions; and(f) a counter-signature by the Company or its issuing agent that may be in electronic form.(g) 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: (a) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (b) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (c) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (d) 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 President Old Republic National Title Insurance Company, a Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 (612)371-1111 Mark Bilbrey, President Rande Yeager, Secretary This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Land Title Insurance Corporation. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. The Company shall not be liable for the content of the Transaction Identification Data, if any.(e) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (f) In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (c) 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. (d) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e) 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.(f) BILLING METER AND MAIN SERVICE DISCONNECT KEYPAD GATE EQUIPMENT RACK ABOVE MECHANICAL ROOM: PV DC DISCONNECT 2 OF 2 INTERIOR MECHANICAL ROOM: (2) SOL-ARK 30K INVERTERS (2) BATTERY CABINETS MAIN DISTRIBUTION PANEL, 400A MCB TOTAL AREA REQUIRED FOR ARRAY AND TRENCH: APPROXIMATELY 3325 SQUARE FT ARRAY RACKING: DC DISCONNECT 1 OF 2 ESS EMERGENCY POWER OFF AND RAPID SHUTDOWN BUTTON LOCATED ON HOUSE EXTERIOR GARAGE INTERIOR: MANUAL ESS BYPASS SWITCH GRID PANEL, 400A MCP LOAD PANEL, 400A, MLO APPROXIMATE TRENCH/CONDUCTOR ROUTING PV ARRAY CONSISTING OF: (52) QCELL Q.PEAK DUO XL-G10.3/BFG 480W MODULES (28)APSMART RSD-D-20 RAPID SHUTDOWN DEVICES ARRAY TILT: 30° ARRAY AZIMUTH: 180° DRIVEWAY Th i s d r a w i n g i s t h e p r o p e r t y o f S u n s e n s e , I n c . Th i s i n f o r m a t i o n i s c o n f i d e n t i a l a n d i s t o b e u s e d on l y i n c o n n e c t i o n w i t h w o r k d e s c r i b e d b y Su n s e n s e , I n c . N o p a r t i s t o b e d i s c l o s e d t o o t h e r s wi t h o u t w r i t t e n p e r m i s s i o n f r o m S u n s e n s e I n c . Co n f i d e n t i a l i t y S t a t e m e n t RE V . DE S C R I P T I O N D A T E Pr o j e c t : Dr a w i n g : SI T E P L A N O V E R V I E W Ad d r e s s : Sh e e t N o . PV 1 . 1 RE V . PH O T O V O L T A I C S Y S T E M PO W E R S A R T C E N T E R - R Y O B I H O U S E 1 1 CH K . B Y DR N . B Y 13 1 1 4 H W Y 8 2 CA R B O N D A L E , C O 8 1 6 2 3 7/ 2 3 / 2 0 2 4 PW S -- - - Sheet No. PV 1.1 16 2 9 D e l o r e s W a y , S t e . E , C a r b o n d a l e , C O 8 1 6 2 3 ww w . s u n s e n s e s o l a r . c o m 9 7 0 . 9 6 3 . 1 4 2 0 RE V I E W SCALE: 1/32" = 1'-0" SITE PLAN OVERVIEW MAIN PV SYSTEM COMPONENTS: 24.96 KW DC (STC) MODULE 52 QCELL Q.PEAK DUO XL-G10.3/BFG 480W PV AND BATTERY INVERTER 2 SOL-ARK 30K-3P-208V RAPID SHUTDOWN DEVICE 28 APSMART RSD-D-20 MAIN ESS SYSTEM COMPONENTS: 60KW/81.92KWH PV AND BATTERY INVERTER 2 SOL-ARK 30K-3P-208V BATTERY CABINET 2 SOL-ARK L3 HV-40KWH NOT FOR CONSTRUCTION OR PERMIT Th i s d r a w i n g i s t h e p r o p e r t y o f S u n s e n s e , I n c . Th i s i n f o r m a t i o n i s c o n f i d e n t i a l a n d i s t o b e u s e d on l y i n c o n n e c t i o n w i t h w o r k d e s c r i b e d b y Su n s e n s e , I n c . N o p a r t i s t o b e d i s c l o s e d t o o t h e r s wi t h o u t w r i t t e n p e r m i s s i o n f r o m S u n s e n s e I n c . Co n f i d e n t i a l i t y S t a t e m e n t RE V . DE S C R I P T I O N D A T E Pr o j e c t : Dr a w i n g : CO V E R S H E E T Ad d r e s s : Sh e e t N o . PV 0 . 1 RE V . PH O T O V O L T A I C S Y S T E M PO W E R S A R T C E N T E R - R Y O B I H O U S E 1 1 CH K . B Y DR N . B Y 13 1 1 4 H W Y 8 2 CA R B O N D A L E , C O 8 1 6 2 3 11 / 7 / 2 0 2 4 PW S JW L Sheet No. PV 0.1 16 2 9 D e l o r e s W a y , S t e . E , C a r b o n d a l e , C O 8 1 6 2 3 ww w . s u n s e n s e s o l a r . c o m 9 7 0 . 9 6 3 . 1 4 2 0 PE R M I T POWERS ART CENTER - RYOBI HOUSE 13114 HWY 82, CARBONDALE, CO 81623 24.96kW DC (STC) RATED PHOTOVOLTAIC SYSTEM AND 60kW/84.8kWH ENERGY STORAGE SYSTEM (HCE POWER+) PROJECT SCOPE PROJECT TEAM DRAWING INDEX MAJOR EQUIPMENT INSTALLATION OF AN 24.96kW GROUND MOUNT ROOF TOP PHOTOVOLTAIC SYSTEM AND 60KW/84.8KWH ENERGY STORAGE SYSTEM. THE SYSTEM WILL OPERATE IN PARALLEL WITH THE EXISTING UTILITY (HOLY CROSS) PER THE REQUIREMENTS OF THE NATIONAL ELECTRICAL CODE. THE INVERTERS USED IN THIS INSTALLATION SHALL BE LISTED TO THE UTILITY-INTERACTIVE STANDARDS OF UL1741. AUTHORITY HAVING JURISDICTION BUILDING PERMIT - GARFIELD COUNTY 108 8TH STREET, SUITE 401 GLENWOOD SPRINGS, CO 81601 ELECTRICAL PERMIT - CO STATE DEPARTMENT OF REGULATORY AGENCIES RELEVANT CODE - 2015 IBC, 2015 IRC, 2023 NEC, 2015 IFC PV 0.1 COVER SHEET PV 1.1 SITE PLAN OVERVIEW PV 1.2 ENLARGED SITE PLAN PV 2.1 ELECTRICAL ONE-LINE DIAGRAM AND CALCULATIONS PV 2.2 LABELS AND MARKINGS PV 2.3 SITE PLACARDS PV 3.1 ARRAY LAYOUT PV 3.2 RACKING DETAILS PV 4.1 SPEC SHEETS PV 4.2 GROUNDING AND BONDING DETAILS PV 5.1 PARTS LIST VICINITY MAP AERIAL VIEW ITEM QTY DESCRIPTION MODULE 52 QCELL Q.PEAK DUO XL-G10.3/BFG 480W PV AND ESS INVERTER 2 SOL-ARK 30K-3P-208V RAPID SHUTDOWN DEVICE 52 APSMART RSD-S-PLC BATTERY CABINET 2 DEKA DURATION HV BATTERY STACK RACKING 1 SUNMODO SUNTURF 4HX7W LANDSCAPE 1 SUNMODO SUNTURF 4HX6W LANDSCAPE PV CONTRACTOR - DESIGN/INSTALLATION SUNSENSE INC. 1629 DELORES WAY, STE. E CARBONDALE, CO 81623 970.963.1420 DESIGN CONTACT PATRICK SCHEIRER 610.844.1558 P.SCHEIRER@SUNSENSESOLAR.COM PROJECT MANAGER THOMAS JOHNSON 970.963.1420 T.JOHNSON@SUNSENSESOLAR.COM DESIGN CRITERIA DESIGN SNOW LOAD = 60 PSF GROUND DESIGN WIND SPEED (Vult) = 115 MPH/ 3 SEC GUST RISK CATEGORY = II WIND EXPOSURE CATEGORY = C HIGH DESIGN TEMP = 28° C (ASPEN PITKIN COUNTY SAR ASHRAE 2.0% HIGH) LOW DESIGN TEMP (MAX VOLTAGE) = -38° C (WEATHER.COM RECORD) SITE ELEVATION = 6320' PROJECT SITE BILLING METER AND MAIN SERVICE DISCONNECT KEYPAD GATE INTERIOR MECHANICAL ROOM: MAIN DISTRIBUTION PANEL, 400A MCB GRID PANEL, 400A MCP (2) BATTERY CABINETS (2) SOL-ARK 30K-3P-208V INVERTERS (2) DC BATTERY DISCONNECTS MANUAL ESS BYPASS SWITCH LOAD PANEL, 400A, MLO TOTAL AREA REQUIRED FOR ARRAY AND TRENCH: APPROXIMATELY 5723 SQUARE FT ESS EMERGENCY POWER OFF AND RAPID SHUTDOWN BUTTON LOCATED ON GARAGE EXTERIOR GARAGE INTERIOR: INTERIOR DISCONNECT, 400A APPROXIMATE TRENCH/CONDUCTOR ROUTING DRIVEWAY PROPERTY LINE, TYP FENCE AROUND ARRAY PERIMETER PV ARRAY CONSISTING OF: (52) QCELL Q.PEAK DUO XL-G10.3/BFG 480W MODULES (52)APSMART RSD-S-PLC RAPID SHUTDOWN DEVICES ARRAY TILT: 30° ARRAY AZIMUTH: 180° EQUIPMENT RACK ABOVE MECHANICAL ROOM: PV DC DISCONNECTS 3-4 ARRAY RACKING: DC DISCONNECTS 1-2 Th i s d r a w i n g i s t h e p r o p e r t y o f S u n s e n s e , I n c . Th i s i n f o r m a t i o n i s c o n f i d e n t i a l a n d i s t o b e u s e d on l y i n c o n n e c t i o n w i t h w o r k d e s c r i b e d b y Su n s e n s e , I n c . N o p a r t i s t o b e d i s c l o s e d t o o t h e r s wi t h o u t w r i t t e n p e r m i s s i o n f r o m S u n s e n s e I n c . Co n f i d e n t i a l i t y S t a t e m e n t RE V . DE S C R I P T I O N D A T E Pr o j e c t : Dr a w i n g : SI T E P L A N O V E R V I E W Ad d r e s s : Sh e e t N o . PV 1 . 1 RE V . PH O T O V O L T A I C S Y S T E M PO W E R S A R T C E N T E R - R Y O B I H O U S E 1 1 CH K . B Y DR N . B Y 13 1 1 4 H W Y 8 2 CA R B O N D A L E , C O 8 1 6 2 3 11 / 7 / 2 0 2 4 PW S JW L Sheet No. PV 1.1 16 2 9 D e l o r e s W a y , S t e . E , C a r b o n d a l e , C O 8 1 6 2 3 ww w . s u n s e n s e s o l a r . c o m 9 7 0 . 9 6 3 . 1 4 2 0 PE R M I T SITE PLAN OVERVIEW MAIN PV SYSTEM COMPONENTS: 24.96 KW DC (STC) MODULE 52 QCELL Q.PEAK DUO XL-G10.3/BFG 480W PV AND BATTERY INVERTER 2 SOL-ARK 30K-3P-208V RAPID SHUTDOWN DEVICE 52 APSMART RSD-S-PLC MAIN ESS SYSTEM COMPONENTS: 60KW/84.8KWH PV AND BATTERY INVERTER 2 SOL-ARK 30K-3P-208V BATTERY CABINET 2 DEKA DURATION HV BATTERY STACK IMPORTANT NOTE: PROPERTY LINES ARE TRANSPOSED FROM THE GARFIELD COUNTY GIS WEBSITE. SHOWN PROPERTY LINES ON THIS PLANSET ARE A REPRESENTATION OF THAT WEBSITE. ACTUAL (REAL) PROPERTY LINES MAY VARY. PLEASE CONTACT GARFIELD COUNTY FOR FURTHER CLARIFICATION. PV ARRAY TO BE LOCATED A MINIMUM OF 10' FROM PROPERTY LINE. FENCE ON PERIMETER OF ARRAY TO BE LOCATED ON PROPERTY LINE OR ARRAY SIDE OF PROPERTY LINE. SCALE: 1/32" = 1'-0" STRING 1.3 STRING 1.4 STRING 2.4 STRING 2.3 STRING 1.1 STRING 2.1 STRING 1.2 STRING 2.2FENCING TO BE INSTALLED AT ARRAY PERIMETER. FENCE TO BE LOCATED ON PROPERTY LINE OR ON THE ARRAY SIDE OF PROPERTY LINE. DC DISCONNECT 2 DC DISCONNECT 1 PV ARRAY TO BE LOCATED A MINIMUM OF 10' FROM PROPERTY LINE. 10' INTERIOR DISCONNECT MAIN DISTRIBUTION PANEL GRID PANEL TAP BOX ABOVE SOL-ARK INVERTER #1 (BATTERY DISCONNECT BELOW) DEKA DURATION BATTERY #1 SOL-ARK INVERTER #2 (BATTERY DISCONNECT BELOW) DEKA DURATION BATTERY #2 LOAD PANEL MANUAL ESS BYPASS SWITCH INSTALL STRUT STAND TO SUPPORT PANEL AND BYPASS SWITCH INSTALL STRUT STAND TO SUPPORT INVERTER AND BATTERY DISCONNECT OFF OF WALL SO EXISTING PIPES CAN REMAIN ELECTRICAL BOXES AND CLEANOUT PIPE IN THIS AREA ELECTRICAL ROOMGARAGE HUMIDIFIERS WATER FILTER AND SOFTENER EQUIPMENT AIR DUCT FIRE SUPPRESSION GAS TANK ESS EMERGENCY POWER OFF AND RAPID SHUTDOWN BUTTON DC DISCONNECTS 3-4 (LOCATED ABOVE ELECTRICAL ROOM) Th i s d r a w i n g i s t h e p r o p e r t y o f S u n s e n s e , I n c . Th i s i n f o r m a t i o n i s c o n f i d e n t i a l a n d i s t o b e u s e d on l y i n c o n n e c t i o n w i t h w o r k d e s c r i b e d b y Su n s e n s e , I n c . N o p a r t i s t o b e d i s c l o s e d t o o t h e r s wi t h o u t w r i t t e n p e r m i s s i o n f r o m S u n s e n s e I n c . Co n f i d e n t i a l i t y S t a t e m e n t RE V . DE S C R I P T I O N D A T E Pr o j e c t : Dr a w i n g : EN L A R G E D S I T E P L A N Ad d r e s s : Sh e e t N o . PV 1 . 2 RE V . PH O T O V O L T A I C S Y S T E M PO W E R S A R T C E N T E R - R Y O B I H O U S E 1 1 CH K . B Y DR N . B Y 13 1 1 4 H W Y 8 2 CA R B O N D A L E , C O 8 1 6 2 3 11 / 7 / 2 0 2 4 PW S JW L Sheet No. PV 1.2 16 2 9 D e l o r e s W a y , S t e . E , C a r b o n d a l e , C O 8 1 6 2 3 ww w . s u n s e n s e s o l a r . c o m 9 7 0 . 9 6 3 . 1 4 2 0 PE R M I T ENLARGED SITE PLAN AT ARRAY GENERAL NOTES: 1. ROW TO ROW PV CONDUCTORS SHALL BE PROTECTED WITH CONDUIT AND APPROPRIATE FITTINGS WHERE SUBJECT TO DAMAGE 2. EXPANSION AND CONTRACTION MUST BE CONSIDERED FOR ALL CONDUIT RUNS. CONDUIT EXPANSION FITTINGS MUST BE USED AS REQUIRED BY THE NEC 3. INVERTER BASED SYSTEM MONITORING. INTERNET CONNECTION REQUIRED 4. RAPID SHUTDOWN (RSD) NOTE: THIS SYSTEM HAS BEEN DESIGNED TO COMPLY WITH 2023 NEC 690.12. IF THE EMERGENCY POWER OFF BUTTON IS PRESSED, THE INVERTERS WILL IMMEDIATELY STOP PRODUCING POWER AND RSD WILL BE INITIATED 5. STRUCTURAL DESIGN AND ANALYSIS NOT COMPLETED BY SUNSENSE MAIN PV SYSTEM COMPONENTS: 24.96 KW DC (STC) MODULE 52 QCELL Q.PEAK DUO XL-G10.3/BFG 480W PV AND BATTERY INVERTER 2 SOL-ARK 30K-3P-208V RAPID SHUTDOWN DEVICE 52 APSMART RSD-S-PLC MAIN ESS SYSTEM COMPONENTS: 60KW/84.8KWH PV AND BATTERY INVERTER 2 SOL-ARK 30K-3P-208V BATTERY CABINET 2 DEKA DURATION HV BATTERY STACK ENLARGED SITE PLAN AT HOUSE SCALE: 1/8" = 1'-0" SCALE: 1/4" = 1'-0" EQUIPMENT ID DESCRIPTION TOTAL QTY MANUFACTURER MODEL RATING NOTES 1 PV MODULES 52 QCELL Q.PEAK DUO XL-G10.3/BFG 480W SEE PV MODULE ELECTRICAL SPECIFICATIONS 2 RAPID SHUTDOWN DEVICE 28 APSMART RSD-D-20 1000VDC 1 MODULE PER RSD DEVICE. SEE SPEC SHEET 3 DC DISCONNECT 4 TERRASMART SLF4K0301-0581-A1 1000VDC 4 STRING CAPACITY 4 RSD TRANSMITTER 1 APSMART TRANSMITTER-PLC 12VDC (2) 11MM CORES. POWERED FROM 120V BACKUP POWER 5 BATTERY MODULES 16 MK BATTERY DEKA DURATION DD5300 HIGH 52VDC, 5.3KWH 6 BATTERY DISCONNECT 2 TBD TBD 60ADC, 600VDC (2) 50ADC FUSES PER DISCONNECT 7 INVERTER 2 SOL-ARK 30K-3P-208V 120/208V, 3ɸ4W, 30KW SEE SPEC SHEET. (2) 50ADC CONT. BATTERY INPUTS 8 GRID PANEL 1 TBD TBD 400A, 120/208V, 3ɸ4W 400A MCB, NEW 9 LOAD PANEL 1 TBD TBD 400A, 120/208V, 3ɸ4W 400A MCB, NEW 10 MAIN DISTRIBUTION PANEL 1 TBD TBD 400A, 120/208V, 3ɸ4W EXISTING 11 MANUAL ESS BYPASS SWITCH 1 TBD TBD 400A, 120/208V, 3ɸ4W MANUAL TRANSFER SWITCH WITH 400A FUSES 12 ESS EMERGENCY POWER OFF AND RAPID SHUTDOWN BUTTON 1 PILLA ST120ES 15 A, 120V 1ɸ2W SERVES AS ESS DISCONNECTING MEANS PER 2020 NEC 706.15 INITIATES PV RAPID SHUTDOWN 13 INTERIOR DISCONNECT 1 TBD TBD 400A, 120/208V, 3ɸ4W NEW 14 MAIN SERVICE DISCONNECT 1 TBD TBD 400A, 120/208V, 3ɸ4W EXISTING VISIBLE OPEN DISCONNECT WILL SERVE AS MAIN UTILITY PV AC AND BATTERY DISCONNECT WIRE AND CONDUIT SCHEDULE ID MIN CONDUIT* AL OR CU CONDUCTOR SIZES*WIRE TYPE MAX LENGTH VOLTAGE DROP NOTES 1 FREE AIR OR EMT CU (2) #10, (1) #6 G PV-WIRE 30'0.24% 2 1" CONDUIT CU (8) #10, (1) #10 G XHHW-2 40'0.34% 3 2 SETS OF 1-1/2" CONDUIT CU 2 SETS OF (8) #6, (1) #10 G XHHW-2 550'1.47% 4 1" CONDUIT CU (8) #10, (1) #10 G THWN-2 40'0.27% 5 1" CONDUIT CU (4) #6, (1) #10 G THWN 10'0.08% 6 2" EMT CU (3) #3/0, (1) #3/0 N, (1) #6 G THWN VARIES NA 7 3/4" CONDUIT CU (2) 22AWG 60'NA EMERGENCY STOP BUTTON CIRCUIT 8 2 SETS OF 2" CONDUIT CU 2 SETS OF (3) #3/0, (1) #3/0 N, (1) #3 G THWN VARIES NA NEW 9 3" CONDUIT CU (3) #500 KCMIL + (1) #500 KCMIL N THWN NA NA EXISTING *CONDUITS AND CONDUCTORS MAY BE SIZED LARGER KEYED NOTES: 1. SEE PV 4.2 FOR GROUNDING AND BONDING DETAILS 2. SUNSENSE IS RESPONSIBLE FOR THE INSTALLATION AND CONFIGURATION OF A MANUFACTURER WIRELESS CONNECTION FROM THE INVERTER/MONITORING UNIT LOCATION TO THE NETWORK FOR INTERNET CONNECTIVITY. THE MONITORING SERVICE REQUIRES AN INTERNET CONNECTION FOR ALERTING AND REPORTING. THE OWNER (CLIENT AND/OR GENERAL CONTRACTOR) IS RESPONSIBLE FOR PROVIDING AND MAINTAINING ANY ELECTRICAL AND NETWORK CONNECTIVITY TO THE MONITORING SERVICE SOLUTION FOR POWER AND INTERNET CONNECTIVITY. THIS INCLUDES BUT IS NOT LIMITED TO; DEDICATED RESOURCES SUCH AS ETHERNET CABLE, NETWORK PORTS, POWER OUTLETS, WIRELESS AND OTHER NETWORK CREDENTIALS, ETC. SUNSENSE WILL CONFIGURE AND ACTIVATE THE MONITORING SERVICE SOLUTION AND PROVIDE THE OWNER (CLIENT AND/OR GENERAL CONTRACTOR) ACCESS TO THE MONITORING PLATFORM. 3. INSTALL GROUND ROD AT PV ARRAY ACCORDING TO 2020 NEC 250.54. 2 PV SYSTEM SUMMARY RATED DC OUTPUT 24.96 kW DC (STC) RATED AC OUTPUT 60kW AC INTERCONNECTION VOLTAGE 120/208VAC INTERCONNECTION CURRENT 166.8A INTERCONNECTION OCPD 400A 3P MODULES (52) QCELL Q.PEAK DUO XL-G10.3/BFG 480W RAPID SHUTDOWN DEVICE (52) APSMART RSD-S-PLC ENERGY STORAGE SYSTEM SUMMARY BESS INVERTER (2) SOL-ARK 30K-3P-208V-N CONTINUOUS AC POWER 60KW (208V) MAX CONTINUOUS CURRENT 166.8A (208V) RESPONSE TIME (GRID-TIED TO OFF-GRID) 5 MS RAPID SHUTDOWN DEVICE SPECIFICATIONS MANUFACTURER APSMART MODEL RSD-S-PLC INPUT OPERATING VOLTAGE 8-80VDC MAX CONT. INPUT CURRENT 15A MAX SHORT CIRCUIT CURRENT 25A MODULE SPECIFICATIONS MANUFACTURER QCELL MODEL Q.PEAK DUO XL-G10.3/BFG POWER RATING 480 W (STC) STC BSTC SHORT CIRCUIT CURRENT (ISC): 11.12 ADC 12.17 ADC OPEN CIRCUIT VOLTAGE (VOC): 53.39 VDC 53.58 VDC MAX POWER CURRENT (IMP): 10.59 ADC 11.58 ADC MAX POWER VOLTAGE (VMP): 45.33 VDC 45.32 VDC TEMP COEFFICIENT OF VOC: -0.27%/°C MAX VOLTAGE (AT -38.00°C, BSTC): 62.69 VDC (VMAX = VOC(53.58) + [(-38.00°C-25°C) X (-0.27% X 53.58)] MAX VOLTAGE RATING:1000 VDC MAX SERIES FUSE RATING: 20 A ESS EMERGENCY POWER OFF AND RAPID SHUTDOWN BUTTON 12 7 GRID PANEL 120/208V 3ɸ4W 400A MCB 8 200A 3P 200A 3P M MAIN BILLING METER NG PV DC DISCONNECT 4 600VDC (EXTERIOR ABOVE ELECTRICAL ROOM) 3 PV DC DISCONNECT 2 600VDC (REAR ARRAY) 3 MAIN SERVICE DISCONNECT 120/208V 3ɸ4W 400A 14 1 1 2 APSMART RSD-S-PLC RAPID SHUTDOWN DEVICE RSD RSD 1 RSD RSD 1 RSD RSD 1 RSD RSD PV STRING 2.1 (6) QCELL Q.PEAK DUO XL-G10.3/BFG 480W MODULES PV STRING 2.2 (6) QCELL Q.PEAK DUO XL-G10.3/BFG 480W MODULES PV STRING 2.3 (7) QCELL Q.PEAK DUO XL-G10.3/BFG 480W MODULES PV STRING 2.4 (7) QCELL Q.PEAK DUO XL-G10.3/BFG 480W MODULES 1 1 2 APSMART RSD-S-PLC RAPID SHUTDOWN DEVICE RSD RSD 1 RSD RSD 1 RSD RSD 1 RSD RSD PV STRING 1.1 (6) QCELL Q.PEAK DUO XL-G10.3/BFG 480W MODULES PV STRING 1.2 (6) QCELL Q.PEAK DUO XL-G10.3/BFG 480W MODULES 3 11 MANUAL ESS BYPASS SWITCH 120/208V 3ɸ4W 400A FUSES CALCULATION TABLE DC ARRAY OUTPUT: 7 MODULE STRINGS: 3360W = 7 MODS x 480W MAXIMUM CURRENT = 15.21ADC (BSTC ISC X 1.25) MAXIMUM VOLTAGE = 438.83 VDC (62.69 TEMP ADJ VOC X 7 MODULES) 6 MODULE STRINGS: 2880W = 6 MODS X 480W MAXIMUM CURRENT = 15.21ADC (BSTC ISC X 1.25) MAXIMUM VOLTAGE = 376.14 VDC (62.69 TEMP ADJ VOC X 6 MODULES) INTERCONNECTION OCPD = 400A 3P (83.4 AAC + 83.4 AAC (INVERTERS MAX CONT. OUTPUT) = 166.8 x 1.25 = 208.5 AAC) MAIN DISTRIBUTION PANEL 120/208V 3ɸ4W 400A MCP 10 TO BACKUP LOADS RE A R A R R A Y 1 1 1 1 1 1 1 1 8 8 8 400A HOLY CROSS TRANSFORMER 150 KVA, 20,300A AVAILABLE FAULT CURRENT 8 400A EXISTING GUTTER LOAD PANEL 120/208V 3ɸ4W 400A MCB 9 400A 200A 3P 200A 3P 400A INTERIOR DISCONNECT 120/208V 3ɸ4W 400A 13 8 9 JBOX/GUTTER 400A 3 FR O N T A R R A Y FR O N T A R R A Y CONTROL BMS/CONTROLBMS 125A MPPT 1 MPPT 2 MPPT 3 MPPT 4 GRID GEN LOAD BATTERY DISCONNECT 60 ADC, 600 VDC NEMA 1 50ADC 50ADC BMSBMSBMSBMSBMS DEKA DURATION HV BATTERY STACK BATT 1 BATT 2 BATTERY SPECIFICATIONS BATTERY MANUFACTURER: MK BATTERY BATTERY MODULE MODEL: DEKA DURATION DD5300 HIGH VOLTAGE STACK BATTERY CHEMISTRY:LITHIUM IRON PHOSPHATE BATTERY CAPACITY PER MODULE:5.3 KWH SINGLE MODULE NOMINAL VOLTAGE:52 VDC #OF BATTERY MODULES IN STACK:8 BATTERY STACK CAPACITY:42.4 KWH BATTERY STACK VOLTAGE:400-464 VDC VDC DEPTH OF DISCHARGE:100% MAX CHARGE/DISCHARGE CURRENT:100A (50A PER 2 INPUTS) SET TO 37.5A PER INPUT DURING COMMISSIONING BATTERY STACK WEIGHT:1010.4 LBS BATTERY STACK DISCONNECT AND COMM: DEKA HV BOX BATTERY STACK MANUAL BREAKER:125A 5 DD300 BATTERY MODULES HV BOX SOL-ARK 30K-3P-208V (SEE SPEC BOX BELOW) BMSBMS 5 CONTROL BMS/CONTROLBMS 125A MPPT 1 MPPT 2 MPPT 3 MPPT 4 GRID GEN LOAD BATTERY DISCONNECT 60 ADC, 600 VDC NEMA 1 50ADC 50ADC BMSBMSBMSBMSBMS DEKA DURATION HV BATTERY STACK BATT 1 BATT 2 5 DD300 BATTERY MODULES HV BOX MAIN MOUNTING BASE (INSTALL BETWEEN MAT AND FIRST BATTERY) (USE FOR CONDUIT ENTRIES) HV INSULATION MAT (INSTALL UNDER STACK) SOL-ARK 30K-3P-208V (SEE SPEC BOX BELOW) TO 120VAC BACKUP POWER BMSBMS 5 PV STRING 1.3 (7) QCELL Q.PEAK DUO XL-G10.3/BFG 480W MODULES PV STRING 1.4 (7) QCELL Q.PEAK DUO XL-G10.3/BFG 480W MODULES RE A R A R R A Y 2 6 6 6 6 44 RSD TRANSMITTER POWER SUPPLY APSMART TRANSMITTER-PLC 4 5 5 6 6 7 7 2 PV DC DISCONNECT 1 600VDC (FRONT ARRAY) 3 PV DC DISCONNECT 3 600VDC (EXTERIOR ABOVE ELECTRICAL ROOM) 3 Th i s d r a w i n g i s t h e p r o p e r t y o f S u n s e n s e , I n c . Th i s i n f o r m a t i o n i s c o n f i d e n t i a l a n d i s t o b e u s e d on l y i n c o n n e c t i o n w i t h w o r k d e s c r i b e d b y Su n s e n s e , I n c . N o p a r t i s t o b e d i s c l o s e d t o o t h e r s wi t h o u t w r i t t e n p e r m i s s i o n f r o m S u n s e n s e I n c . Co n f i d e n t i a l i t y S t a t e m e n t RE V . DE S C R I P T I O N D A T E Pr o j e c t : Dr a w i n g : ON E - L I N E D I A G R A M Ad d r e s s : Sh e e t N o . PV 2 . 1 RE V . PH O T O V O L T A I C S Y S T E M PO W E R S A R T C E N T E R - R Y O B I H O U S E 1 1 CH K . B Y DR N . B Y 13 1 1 4 H W Y 8 2 CA R B O N D A L E , C O 8 1 6 2 3 11 / 7 / 2 0 2 4 PW S JW L Sheet No. PV 2.1 16 2 9 D e l o r e s W a y , S t e . E , C a r b o n d a l e , C O 8 1 6 2 3 ww w . s u n s e n s e s o l a r . c o m 9 7 0 . 9 6 3 . 1 4 2 0 PE R M I T ELECTRICAL ONE LINE DIAGRAM AND CALCULATIONS MAIN METER HCE Consumer Service Metering Guidebook (Seventh Ed.), 7.B.2.a.1 PLACE LABEL AT THE FOLLOWING LOCATION: Directly on or adjacent the revenue meter socket. SOLAR ELECTRIC SYSTEM CONNECTED1 1 / 8 " 5 3/4" CAUTION 07-335 METAL SIGN INVERTERS NEC 690.56 (C)(1) LOCATE AT EACH SERVICE EQUIPMENT LOCATION TO WHICH THE PV SYSTEMS ARE CONNECTED OR AT AN APPROVED READILY VISIBLE LOCATION. SOLAR PV SYSTEM EQUIPPED WITH RAPID SHUTDOWN SOLAR ELECTRIC PV PANELS TURN RAPID SHUTDOWN SWITCH TO THE "OFF" POSITION TO SHUT DOWN PV SYSTEM AND REDUCE SHOCK HAZARD IN THE ARRAY 3 1 / 2 " 6"05-111 label 07-111 METAL SIGN ESS EMERGENCY POWER OFF BUTTON AND TESLA GATEWAY 2 NEC 690.13 (B) LABEL FOR PV AC DISCONNECT SERVICE DISCONNECT 2" 4" ENERGY STORAGE SYSTEM DISCONNECT NOMINAL ESS AC VOLTAGE: 208 VAC MAXIMUM ESS DC VOLTAGE: 464 VDC (CUSTOM) NEC 705.12 2" 4" PANEL FED BY THE FOLLOWING SOURCES: UTILITY PV SYSTEM BATTERY ENERGY STORAGE (CUSTOM) BACKED UP LOADS PANELS NEC 690.53 5 5/8" 1 1 / 8 " 03-315 label PHOTOVOLTAIC POWER SOURCE 3/8" TEXT MIN REFLECTIVE MATERIAL REQUIRED PLACE ON ALL DC WIREBOXES & CONDUIT EVERY 10' NEC 690.53 LABEL FOR ALL BOXES WITH DC DISCONNECTS 3" 5" INVERTER 2: SOL-ARK 30K-3P-208V PHOTOVOLTAIC DC DISCONNECT DC MAX VOLTAGE: 438.83 VDC DC MAX CURRENT: 15.21 ADC AC MAX VOLTAGE: 208 VAC AC MAX CURRENT: 83.40 AAC STRING 2.1: (6) 480W MODULES STRING 2.2: (6) 480W MODULES STRING 2.3: (7) 480W MODULES STRING 2.4: (7) 480W MODULES 3" 5" INVERTER: SOL-ARK 30K-3P-208V PHOTOVOLTAIC DC DISCONNECT DC MAX VOLTAGE: 438.83 VDC DC MAX CURRENT: 15.21 ADC AC MAX VOLTAGE: 208 VAC AC MAX CURRENT: 83.40 AAC STRING 1.1: (6) 480W MODULES STRING 1.2: (6) 480W MODULES STRING 1.3: (7) 480W MODULES STRING 1.4: (7) 480W MODULES NEC 690.56 (C)(2) LABEL FOR RAPID SHUTDOWN SWITCH. TO BE LOCATED NO MORE THAN 1 M (3 FT.) FROM THE SWITCH. 5 1/4" 2" RAPID SHUTDOWN SWITCH FOR SOLAR PV SYSTEM MAIN SERVICE DISCONNECT NEC 690.53 LABEL FOR ALL BOXES WITH DC DISCONNECTS 2" 5" PHOTOVOLTAIC DC DISCONNECT DC MAX VOLTAGE: 438.83 VDC DC MAX CURRENT: 15.21 ADC DC DISCONNECTS UTILITY PV AC DISCONNECT Th i s d r a w i n g i s t h e p r o p e r t y o f S u n s e n s e , I n c . Th i s i n f o r m a t i o n i s c o n f i d e n t i a l a n d i s t o b e u s e d on l y i n c o n n e c t i o n w i t h w o r k d e s c r i b e d b y Su n s e n s e , I n c . N o p a r t i s t o b e d i s c l o s e d t o o t h e r s wi t h o u t w r i t t e n p e r m i s s i o n f r o m S u n s e n s e I n c . Co n f i d e n t i a l i t y S t a t e m e n t RE V . DE S C R I P T I O N D A T E Pr o j e c t : Dr a w i n g : LA B E L S & W A R N I N G S Ad d r e s s : Sh e e t N o . PV 2 . 2 RE V . PH O T O V O L T A I C S Y S T E M PO W E R S A R T C E N T E R - R Y O B I H O U S E 1 1 CH K . B Y DR N . B Y 13 1 1 4 H W Y 8 2 CA R B O N D A L E , C O 8 1 6 2 3 11 / 7 / 2 0 2 4 PW S JW L Sheet No. PV 2.2 16 2 9 D e l o r e s W a y , S t e . E , C a r b o n d a l e , C O 8 1 6 2 3 ww w . s u n s e n s e s o l a r . c o m 9 7 0 . 9 6 3 . 1 4 2 0 PE R M I T LABELS AND WARNINGS LABEL NOTES 1) ALL TEXT SHALL BE 1/8" OR LARGER AND LEGIBLE 2)ALL LABELS, UNLESS OTHERWISE NOTED, SHALL BE PRINTED ON UV STABILIZED VINYL WITH ADHESIVE BACKING. 3)SOLAR MODULES ARE SUPPLIED FROM THE MANUFACTURER WITH MARKING PRE-APPLIED TO MEET THE REQUIREMENTS OF NEC 690.51 4)ADDITIONAL LABELS WILL BE ATTACHED TO IDENTIFY INVERTERS AND OTHER EQUIPMENT AND ARE NOT SHOWN ON THIS SHEET. BILLING METER AND MAIN SERVICE DISCONNECT YOU ARE HERE GARAGE ENTRYWAY: ESS EMERGENCY POWER OFF AND RAPID SHUTDOWN BUTTON GROUND MOUNT PV ARRAY: PV DC DISCONNECT 1 OF 2DRIVEWAY 5" 5" POWERS ART CENTER - RYOBI HOUSE SITE PLAQUE (1 OF 3) 180° CAUTION POWER TO THIS BUILDING IS SUPPLIED FROM THE FOLLOWING SOURCES 1. UTLITY 2. PHOTOVOLTAIC SYSTEM 3. ENERGY STORAGE SYSTEM DISCONNECTS ARE LOCATED AS SHOWN PV SYSTEM RAPID SHUTDOWN CAN BE INITIATED BY PRESSING THE ESS EMERGENCY REMOTE DISCONNECT BUTTON. ENERGY STORAGE SYSTEM CAN BE SHUT DOWN BY PRESSING THE ESS EMERGENCY REMOTE DISCONNECT BUTTON. BILLING METER AND MAIN SERVICE DISCONNECT GARAGE ENTRYWAY: ESS EMERGENCY POWER OFF AND RAPID SHUTDOWN BUTTON YOU ARE HERE GROUND MOUNT PV ARRAY: PV DC DISCONNECT 1 OF 2DRIVEWAY 5" 5" POWERS ART CENTER - RYOBI HOUSE SITE PLAQUE (2 OF 3) 180° CAUTION POWER TO THIS BUILDING IS SUPPLIED FROM THE FOLLOWING SOURCES 1. UTLITY 2. PHOTOVOLTAIC SYSTEM 3. ENERGY STORAGE SYSTEM DISCONNECTS ARE LOCATED AS SHOWN PV SYSTEM RAPID SHUTDOWN CAN BE INITIATED BY PRESSING THE ESS EMERGENCY REMOTE DISCONNECT BUTTON. ENERGY STORAGE SYSTEM CAN BE SHUT DOWN BY PRESSING THE ESS EMERGENCY REMOTE DISCONNECT BUTTON. BILLING METER AND MAIN SERVICE DISCONNECT GARAGE ENTRYWAY: ESS EMERGENCY POWER OFF AND RAPID SHUTDOWN BUTTON GROUND MOUNT PV ARRAY: PV DC DISCONNECT 1 OF 2 YOU ARE HEREDRIVEWAY 5" 5" POWERS ART CENTER - RYOBI HOUSE SITE PLAQUE (3 OF 3) 180° CAUTION POWER TO THIS BUILDING IS SUPPLIED FROM THE FOLLOWING SOURCES 1. UTLITY 2. PHOTOVOLTAIC SYSTEM 3. ENERGY STORAGE SYSTEM DISCONNECTS ARE LOCATED AS SHOWN PV SYSTEM RAPID SHUTDOWN CAN BE INITIATED BY PRESSING THE ESS EMERGENCY REMOTE DISCONNECT BUTTON. ENERGY STORAGE SYSTEM CAN BE SHUT DOWN BY PRESSING THE ESS EMERGENCY REMOTE DISCONNECT BUTTON. Th i s d r a w i n g i s t h e p r o p e r t y o f S u n s e n s e , I n c . Th i s i n f o r m a t i o n i s c o n f i d e n t i a l a n d i s t o b e u s e d on l y i n c o n n e c t i o n w i t h w o r k d e s c r i b e d b y Su n s e n s e , I n c . N o p a r t i s t o b e d i s c l o s e d t o o t h e r s wi t h o u t w r i t t e n p e r m i s s i o n f r o m S u n s e n s e I n c . Co n f i d e n t i a l i t y S t a t e m e n t RE V . DE S C R I P T I O N D A T E Pr o j e c t : Dr a w i n g : SI T E P L A C A R D S Ad d r e s s : Sh e e t N o . PV 2 . 3 RE V . PH O T O V O L T A I C S Y S T E M PO W E R S A R T C E N T E R - R Y O B I H O U S E 1 1 CH K . B Y DR N . B Y 13 1 1 4 H W Y 8 2 CA R B O N D A L E , C O 8 1 6 2 3 11 / 7 / 2 0 2 4 PW S JW L Sheet No. PV 2.3 16 2 9 D e l o r e s W a y , S t e . E , C a r b o n d a l e , C O 8 1 6 2 3 ww w . s u n s e n s e s o l a r . c o m 9 7 0 . 9 6 3 . 1 4 2 0 PE R M I T SCALE: NTS SITE PLACARDS RA I L L E N G T H 1 2 ' - 4 " RA I L L E N G T H 1 2 ' - 4 " 4'-5 3/4"2'-10"4'-5 3/4"2'-10"4'-5 3/4"2'-10"4'-5 3/4"2'-10"4'-5 3/4"2'-10"4'-5 3/4" 1'-4 3/4"1'-4 3/4" 4'-5 3/4"2'-10"4'-5 3/4"2'-10"4'-5 3/4"2'-10"4'-5 3/4"2'-10"4'-5 3/4"2'-10"4'-5 3/4" 1'-4 3/4"1'-4 3/4" 43'-10" 12 ' 51'-1 5/8" 12 ' ARRAY PLANE 11 ' - 1 1 3 / 4 " 20 ' 11 ' - 1 1 3 / 4 " 51'-1 5/8" 43'-10" PLAN VIEW 4'-7" TYP. (MAX 5') 4'-10" TYP. (MAX 5') 1'-4 7/8" (MAX 1'-8") 1'-3 1/2" (MAX 1'-8") 1'-4 7/8" (MAX 1'-8") 1'-3 1/2" (MAX 1'-8")7' - 2 " 24 ' - 9 3 / 4 " 7' - 2 " 7'-11"9'-4" TYP. PIPE LENGTH 9'-4" TYP. PIPE LENGTH 4'-5 5/8" 7'-11" O.C. RAIL SPACING APPROXIMATE SPLICE POSITIONS APPROXIMATE SPLICE POSITIONS Pr o j e c t : Sh e e t N o . PV 3 . 1 PH O T O V O L T A I C S Y S T E M PO W E R S A R T C E N T E R - R Y O B I H O U S E Sheet No. PV 3.1 16 2 9 D e l o r e s W a y , S t e . E , C a r b o n d a l e , C O 8 1 6 2 3 ww w . s u n s e n s e s o l a r . c o m 9 7 0 . 9 6 3 . 1 4 2 0 ARRAY LAYOUT NOTE: ARRAY PLACEMENT APPROXIMATE. FINAL PLACEMENT TO BE DETERMINED BY TERRAIN. INSTALLER SHALL DETERMINE NECESSARY ROOF ATTACHMENT PLACEMENT BASED ON ALL OF THE FOLLOWING: 1. MAX FOUNDATION SPAN OF 5'-0" 2. MAX CANTILEVER OF 1'-8" FROM END OF EAST/WEST PIPE TO FIRST ATTACHMENT 3. MIN 0'-11 7/8"" - MAX 1'-9 5/8"" EDGE OF MODULE TO RAIL QCELL Q.PEAK DUO XL-G10.3/BFG 480W DIMENSIONS 7'-3 1/4" X 3'-5 1/8" X 35MM CLAMPING AREA 0'-11 7/8" - 1'-9 9/16" FROM SHORT SIDE FOUNDATION LIMITS DIMENSIONS MIN MAX SPAN - 5'-0" CANTILEVER -1'-8" SOLAR MODULE EAST/WEST PIPE, 112" TYP. GROUND SCREW, 80" SCALE: 1/4" = 1'-0" SMR300 RAIL, 174" TYP. PIPE SPLICE Th i s d r a w i n g i s t h e p r o p e r t y o f S u n s e n s e , I n c . Th i s i n f o r m a t i o n i s c o n f i d e n t i a l a n d i s t o b e u s e d on l y i n c o n n e c t i o n w i t h w o r k d e s c r i b e d b y Su n s e n s e , I n c . N o p a r t i s t o b e d i s c l o s e d t o o t h e r s wi t h o u t w r i t t e n p e r m i s s i o n f r o m S u n s e n s e I n c . Co n f i d e n t i a l i t y S t a t e m e n t RE V . DE S C R I P T I O N D A T E 1 CH K . B Y DR N . B Y 11 / 7 / 2 0 2 4 PW S JW L PE R M I T Dr a w i n g : AR R A Y L A Y O U T Ad d r e s s : RE V . 1 13 1 1 4 H W Y 8 2 CA R B O N D A L E , C O 8 1 6 2 3 Pr o j e c t : Sh e e t N o . PV 3 . 2 PH O T O V O L T A I C S Y S T E M PO W E R S A R T C E N T E R - R Y O B I H O U S E Sheet No. PV 3.2 16 2 9 D e l o r e s W a y , S t e . E , C a r b o n d a l e , C O 8 1 6 2 3 ww w . s u n s e n s e s o l a r . c o m 9 7 0 . 9 6 3 . 1 4 2 0 RACKING DETAILS Th i s d r a w i n g i s t h e p r o p e r t y o f S u n s e n s e , I n c . Th i s i n f o r m a t i o n i s c o n f i d e n t i a l a n d i s t o b e u s e d on l y i n c o n n e c t i o n w i t h w o r k d e s c r i b e d b y Su n s e n s e , I n c . N o p a r t i s t o b e d i s c l o s e d t o o t h e r s wi t h o u t w r i t t e n p e r m i s s i o n f r o m S u n s e n s e I n c . Co n f i d e n t i a l i t y S t a t e m e n t RE V . DE S C R I P T I O N D A T E 1 CH K . B Y DR N . B Y 11 / 7 / 2 0 2 4 PW S JW L PE R M I T Dr a w i n g : RA C K I N G D E T A I L S Ad d r e s s : RE V . 1 13 1 1 4 H W Y 8 2 CA R B O N D A L E , C O 8 1 6 2 3 SEE PV 3.1 Th i s d r a w i n g i s t h e p r o p e r t y o f S u n s e n s e , I n c . Th i s i n f o r m a t i o n i s c o n f i d e n t i a l a n d i s t o b e u s e d on l y i n c o n n e c t i o n w i t h w o r k d e s c r i b e d b y Su n s e n s e , I n c . N o p a r t i s t o b e d i s c l o s e d t o o t h e r s wi t h o u t w r i t t e n p e r m i s s i o n f r o m S u n s e n s e I n c . Co n f i d e n t i a l i t y S t a t e m e n t RE V . DE S C R I P T I O N D A T E Pr o j e c t : Dr a w i n g : SP E C S H E E T S Ad d r e s s : Sh e e t N o . PV 4 . 1 RE V . PH O T O V O L T A I C S Y S T E M PO W E R S A R T C E N T E R - R Y O B I H O U S E 1 1 CH K . B Y DR N . B Y 13 1 1 4 H W Y 8 2 CA R B O N D A L E , C O 8 1 6 2 3 11 / 7 / 2 0 2 4 PW S JW L Sheet No. PV 4.1 16 2 9 D e l o r e s W a y , S t e . E , C a r b o n d a l e , C O 8 1 6 2 3 ww w . s u n s e n s e s o l a r . c o m 9 7 0 . 9 6 3 . 1 4 2 0 PE R M I T MODULE SPEC SHEET INVERTER SPEC SHEET BATTERY CABINET SPEC SHEET RAPID SHUTDOWN DEVICE SPEC SHEET Th i s d r a w i n g i s t h e p r o p e r t y o f S u n s e n s e , I n c . Th i s i n f o r m a t i o n i s c o n f i d e n t i a l a n d i s t o b e u s e d on l y i n c o n n e c t i o n w i t h w o r k d e s c r i b e d b y Su n s e n s e , I n c . N o p a r t i s t o b e d i s c l o s e d t o o t h e r s wi t h o u t w r i t t e n p e r m i s s i o n f r o m S u n s e n s e I n c . Co n f i d e n t i a l i t y S t a t e m e n t RE V . DE S C R I P T I O N D A T E Pr o j e c t : Dr a w i n g : SP E C S H E E T S Ad d r e s s : Sh e e t N o . PV 4 . 2 RE V . PH O T O V O L T A I C S Y S T E M PO W E R S A R T C E N T E R - R Y O B I H O U S E 1 1 CH K . B Y DR N . B Y 13 1 1 4 H W Y 8 2 CA R B O N D A L E , C O 8 1 6 2 3 11 / 7 / 2 0 2 4 PW S JW L Sheet No. PV 4.2 16 2 9 D e l o r e s W a y , S t e . E , C a r b o n d a l e , C O 8 1 6 2 3 ww w . s u n s e n s e s o l a r . c o m 9 7 0 . 9 6 3 . 1 4 2 0 PE R M I T GROUNDING AND BONDING DETAILS Th i s d r a w i n g i s t h e p r o p e r t y o f S u n s e n s e , I n c . Th i s i n f o r m a t i o n i s c o n f i d e n t i a l a n d i s t o b e u s e d on l y i n c o n n e c t i o n w i t h w o r k d e s c r i b e d b y Su n s e n s e , I n c . N o p a r t i s t o b e d i s c l o s e d t o o t h e r s wi t h o u t w r i t t e n p e r m i s s i o n f r o m S u n s e n s e I n c . Co n f i d e n t i a l i t y S t a t e m e n t RE V . DE S C R I P T I O N D A T E Pr o j e c t : Dr a w i n g : PA R T S L I S T Ad d r e s s : Sh e e t N o . PV 5 . 1 RE V . PH O T O V O L T A I C S Y S T E M PO W E R S A R T C E N T E R - R Y O B I H O U S E 1 1 CH K . B Y DR N . B Y 13 1 1 4 H W Y 8 2 CA R B O N D A L E , C O 8 1 6 2 3 11 / 7 / 2 0 2 4 PW S JW L Sheet No. PV5.1 16 2 9 D e l o r e s W a y , S t e . E , C a r b o n d a l e , C O 8 1 6 2 3 ww w . s u n s e n s e s o l a r . c o m 9 7 0 . 9 6 3 . 1 4 2 0 PE R M I T PARTS LIST (SUNSENSE INTERNAL USE ONLY) DESIGNER NOTES: INSTALLER NOTES FOR DESIGNER: SIGNATURE: DATE: 108 Eighth Street, Suite 401 Glenwood Springs, Colorado 81601 (970) 945-8212 PRE-APPLICATION FORM To be scheduled for a Pre-Application, please provide the following information. Please be advised that because of staffing shortages and Pursuant to Article 4-101(A)(2)(a), it may be up to 20 business days before someone will reach out to you to get you on the Calendar. PERSON REQUESTING PRE-APP__________________________________________________ PHONE NUMBER____________________________________ EMAIL ADDRESS__________________________________________ DATE___________________________________ Please fill out the following information on your project (proposals that do not address the highlighted information will not be scheduled). In addition to the following information, please provide any additional information you may have (maps, previous approvals, copies of resolutions, etc.) Pre-application meetings will generally be limited to 30 minutes, the more information you provide the better able we are to assist you. PARCEL NUMBER:________________________ PARCEL ADDRESS:_____________________________________________ PARCEL OWNER_______________________________________________ If you are not the parcel owner, what is your relationship to the owner? ____________________________________________________________ How was this lot created ?_______________________________________ Please attach a copy of the parcel map, identifying the parcel-this can be obtained here: https://www.garfield-county.com/geographic-information-system/interactive-maps/ Please attach a sketch plan of your proposal. What is your proposal? ______________________________________________________________________________ Community Development Department 108 Eighth Street, Suite 401 Glenwood Springs, Colorado 81601 (970) 945-8212 ______________________________________________________________________________ __________________________ Additional Information Required: Please provide a description of how the project will be served with water and wastewater, and where you will take access. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ What specific questions do you have? ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ There is a lot of information that can be found online, below are some handy links Parcel ID can be found on your tax bill or at https://www.garfield-county.com/geographic-information- system/interactive-maps/ Zoning: https: https://www.garfield-county.com/community-development/planning-zoning/ Land Use Code: https://www.garfield-county.com/community-development/land-use-code/ Resource Guide: http://www.garfield-county.com/community- development/filesgcco/sites/12/2019/07/Resource-Guide-2018-10.15-Updated.pdf (click on PDF not Docx) FOR OFFICAL USE ONLY: PLEASE DO NOT MARK BELOW THE LINE. DATE RECEIVED________________________ PLANNER ASSIGNED____________________ DATE CONTACTED (TO SCHEDULE MEETING)____________________ MEETING DATE__________________ 1 Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE-APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 239326103002 DATE: 6/11/2024 PROJECT: Ryobi Small Solar OWNERS: Ryobi Foundation CONTACT/REPRESENTATIVE: Thomas Johnson Sunsense Solar PRACTICAL LOCATION: 13110 Hwy 82 Carbondale, Co 81623 TYPE OF APPLICATION: Administrative Review ZONING: Rural COMPREHENSIVE PLAN: Residential Low, Carbondale Area of Influence I. GENERAL PROJECT DESCRIPTION The application should include materials to fulfill any Waiver of Submittal Requirements (Section 4- 202) and Waiver of Standards (Section 4-118) requests. A full copy of the Land Use and Development Code (LUDC) may be found here: https://www.garfield-county.com/community- development/land-use-code/ Due to the current volume of applications and requests, the Director has authorized staff to produce preapplication summaries without the standard conference. Due to this, please feel free to reach out with any concerns, questions, or to request a meeting. This summary will work as a Preapplication Conference Summary for the purposes of the application submittal requirements. The applicant is proposing a Solar system over 15 kW, but represents the total size will be less than 1 acre in size. From the request form, it is unclear whether this will be ground or roof mounted system. At this time, Small Solar Energy Systems are defined as those rated between 15 and 500 kW. Staff is proposing text amendments that would alter this definition to be systems between 2,500 sq ft and 1 acre in size. It appears the proposed system would be considered a Small Solar System regardless of the definition. 2 A list of submittal requirements is included below. The impact analysis (4.203.G) includes nuisances such as glare. This has been a historic concern for solar systems in the County, and staff anticipates the application will need to include a glare analysis. Section 4-202 allows applications to request a Waiver of Submittal requirements for items determined to be unnecessary to review the application. These requests should address the review criteria of this section for each waiver being requested. The application will also need to respond to the development standards found in Article 7, Divisions 1-3 and Section 7-1101. The amendments being proposed will also impact Section 7- 1101. A Waiver of Standards (Section 4-118) may be requested for any standard where the application can show its proposal or conditions achieve that standards intent and imposes no greater impact on adjacent properties. The application’s narrative should be used to describe the proposal and waivers being requested. The application should include a site plan that clearly shows natural features, existing improvements, and proposed improvements. An explanation of how the system will be connected to the existing improvements and if it will interconnect with the existing grid should be included. A letter from the applicable utility company should show acceptance of the proposed system. Adequate information on Grading and Drainage should be provided to demonstrate a ground mounted system will not have negative stormwater impacts. If the system is proposed to be roof mounted, the application should demonstrate the system will maintain compliance with the County’s snow and wind loads. Future battery locations should be shown to allow for the fire district to review. The application should demonstrate adequate access and internal circulation for the installation of the system. Emergency ingress and egress may also be reviewed. The site plan should clearly show these systems. Development agreements are only required for phased projects, and Improvement agreements are required for projects that include public or semi-public improvements. Staff does not anticipate these items being necessary, though if updates to the grid are required they may be included in an improvement agreement. Temporary Water and Wastewater systems may be required during construction. Will-serve for vault and haul systems should be included if these systems will be necessary. If vegetation will be disturbed, a revegetation plan and security may be required. 3 II. COMPREHENSIVE PLAN The application should show compliance with the Comprehensive Plan’s goals and objectives. The parcel is within Carbondale’s Area of Influence. The Town will be used as a referral comment. III. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The following Sections of the Garfield Land Use and Development Code as amended apply to the Application: • Section 4-103 Administrative Review and Section 4-101 Common Review Procedures • Table 4-201 Submission Requirements and Section 4-203 Description of Submittal Requirements. • Section 4-118 and Section 4-202, as applicable. • Article 7 Standards, as applicable • Section 7-1101 Solar Energy Systems IV. SUBMITTAL REQUIREMENTS As a convenience outlined below is a list of information typically required for this type of application. Table 4-201 outlines the specific application submittal criteria. The following list can function as a checklist for your submittal. Please see Section 4-203 of the LUDC for details on submittal requirements. General Application Materials including the Application Form (signed), payment of Fees and signed Payment Agreement Form (see attached). o A narrative describing the request and related information. o Proof of ownership. o A recorded Statement of Authority is required for any property owned by an LLC or other entity. o A Letter of Authorization is required if an owner intends to have a representative complete the Application and processing. o Names and mailing addresses of property owners within 200 ft. of the subject property from Assessor’s Office Records. o Mineral rights ownership for the subject property including mailing address and/or statement on mineral rights research (see attached). o Copy of the Preapplication Summary needs to be submitted with the Application. o Title Commitment Vicinity Map. Site Plan. 4 Grading and Drainage Plan. Landscape Plan. Impact Analysis. Development agreement, if applicable. Improvement agreement, if applicable. Traffic Study. Water Supply/Distribution Plan. Wastewater Management/Treatment Plan. Affordable Housing Plan, if applicable. The Application should demonstrate compliance with Article 7 Standards, as applicable. The Application should include a waiver from submittal requirements requests in accordance with Section 4-202, specifically addressing the review criteria for each waiver request. The Application should include any waiver requests from Article 7 Standards that the applicant wishes to pursue, in accordance with Section 4-118. Three hard copies and one digital copy (on a USB drive, for example) of the application are required. Both versions should be split into individual sections. Community Development Staff is available to meet with the Applicant to provide additional information and clarification on any of the submittal requirements and waiver requests. 5 V. REVIEW PROCESS Call-Up for review by the Board in accordance with the procedures and review process contained in Section 4-112. Staff will review the application for completeness, and when complete, refer it to appropriate agencies for technical review. Staff will create a report to be submitted to the Director for their decision. Public Hearing(s): X No Public Hearing, Directors Decision (with notice per code) Planning Commission 6 Board of County Commissioners Board of Adjustment Referral Agencies: May include but is not limited to: Garfield County Attorney, Garfield County Building Department, Garfield Road and Bridge, Garfield County Consulting Engineer, Town of Carbondale, Carbondale and Rural Fire Protection District, Colorado Parks and Wildlife, CDOT, Utility Provider . VI. APPLICATION REVIEW FEES Planning Review Fees: $250 Referral Agency Fees: $na Total Deposit: $250(additional hours are billed at hourly rate of $40.50) VII. GENERAL APPLICATION PROCESSING The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six-month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal. Pre-application Summary Prepared by: 6/11/2024 Philip Berry, Planner III Date 7 8 9 2024-09-17 PUBLIC NOTICE TAKE NOTICE: This document is to serve as a formal written notice to all adjacent property owners of this project and scope of. The Ryobi Foundation has applied to the Community Development Department Director, Garfield County, State of Colorado, to request an Administrative Review for a Land Use Change Permit to allow for the construction and operation of a installation of a 24.96 KW Solar Energy System and a 60kw/81.92kwh energy storage system, on a 82.62-acre parcel. The property is located at 13114 HWY 82 Carbondale, CO 81623; and is also known by Garfield County Accessors Parcel #239326103001. Legal Descriptions: A parcel of land situated in lot 1 Section: 27 Township: 7 Range: 88 of the sixth principal meridian with all bearings contained herein being relative to a bearing of S89°59’06” between the N1/16 of said sections 26 and 27 and in then N-C1/16 of said section 26; said parcel being more particularly described as follows: Beginning at the southeast corner of said section 2, Garfield county surveyor brass cap in place; thence S04°11'14"W along the easterly line of section 26, a distance of 1363.16 feet to the north sixteenth corner of section 26 and section 25 a BLM cap in place; thence continuing along said easterly line S04°11'14"W, a distance of 882.56 feet; thence leaving said easterly line S89°59'00"W along the northerly line of government lot 8, a distance of 441.07 feet to the northeast corner of that parcel of land described in reception no. 214401 of the Garfield county clerk and recorder's office, a rebar and cap l.S.. #19598 in place; thence S02° 55'00"W along the easterly boundary of said parcel, a distance of 134.10 feet to a rebar and cap l.S.. #27613 in place; thence continuing along said easterly line S32°29'00"W, a distance of 435.00 feet to a rebar and cap l.S. #27613 in place; thence continuing along said easterly line S58° 21'00"W, a distance of 471.00 feet to a rebar and cap l.S. #19598 in place; thence continuing along said easterly line S46° 48'00"W, a distance of 964.00 feet to a rebar and cap l.S.. #19598 in place; thence continuing along said easterly line S38°59'00"W, a distance of 245.00 feet to a rebar and cap l.S.. #19598 in place; thence continuing along said easterly line S20°32'00"W, a distance of 586.33 feet to a point on the northerly right-of-way of state highway no. 82, a rebar and cap l.S. #19598 in place; thence leaving said easterly line N75°40'49"W along said northerly right-of-way, a distance of 86.38 feet; thence continuing along said northerly right-of-way N17° 10'41"E, a distance of 115.01 feet; thence continuing along said northerly right-of-way N72°49'19"W, a distance of 100.00 feet; thence continuing along 2024-09-17 said right-of-way S17°10'41"W, 120.00 feet; thence continuing along said right-of-way N75°40'49"W, a distance of 200.17 feet; thence continuing along said right-of-way N72°49'19"W, a distance of 1100.00 feet; thence continuing along said right-of-way N69°00'19"W, a distance of 38.14 feet to a point on the easterly line of government lot 13; thence leaving said right-of-way N00° 01'01"W along the easterly line of government lot 13, a distance of 279.23 feet, a rebar and cap l.S. 27613 in place; thence leaving said easterly line N03°23'14"E, a distance of 2356.79 feet to the northerly line of said government lot 3; thence along said northerly line S89°59'06"E, a distance of 917.96 feet; thence leaving said northerly line S89°09'58"E along the northerly line of government lot 2, a distance of 1306.72 feet to the northeast sixteenth corner of said section 26, an aluminum cap l.S.. #19598 in place; thence leaving said northerly line N04° 07'39"E along then westerly line of the ne ¼ ne 1/4 of said section 26, a distance of 1379.79 feet to the east sixteenth corner of said section 26 and section 23, a BLM cap in place; thence leaving said westerly line N01°16'05"W along the westerly line of the e 1/2 se 1/4 of said section 23, a distance of 2603.33 feet to the east- center sixteenth corner of said section 23 a BLM cap in place; thence leaving said westerly line N89°52'49"E along the northerly line of said e 1/2 se 1/4, a distance of 1237.66 feet to the east quarter corner of said section 23, a county surveyor cap in place; thence leaving said northerly line S02°43'19"E along the easterly line of said section 23, a distance of 1321.78 feet to the south sixteenth corner of said section 23 and section 24, a BLM cap in place; thence continuing along the easterly line of said section 23, S02°47'17"E, a distance of 1322.30 feet to the point of beginning. Practical Description: 13114 HWY 82, Carbondale, CO 81623; and is also known by Garfield County Accessors Parcel #239326103001. Description of Request: Administrative Review for a Land Use Change Permit to allow for the construction and operation of a 24.96KW Solar Energy System, Small on an 82.62-acre parcel. File # GAPA-04-21-8835 Vicinity Map: VICINITY MAP ATTACHED All persons affected by the proposed Solar Energy System, Small are invited to comment regarding the application. You may state your views by letter, email (vhooper@garfield-county.com) or you may call the Community Development Department at (970) 945-8212 regarding the application. 2024-09-17 The Director will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to approve, approve with conditions or deny the request. The application may be reviewed at the office of the Community Development Department located at 108 8th Street, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday. Alternatively, the application can be viewed at: https://www.garfield-county.com/community-development/planning-project-information/ Community Development Department Garfield County Vicinity Map: Mi n e r a l r i g h t s o w n e r s w i t h i n a 2 0 0 f t a r e a , c o n t i n u e d Parcel Physical Address Owner Account Num Mailing Address 239316300954 Not available CARBONDALE BUREAU OF LAND MANAGEMENT R043957 2300 RIVER FRONTAGE ROAD SILT, CO 81652 239323403004 13114 82 HWY CARBONDALE RYOBI FOUNDATION R084008 13114 HWY 82 CARBONDALE, CO 81623 239323403005 13114 82 HWY CARBONDALE RYOBI FOUNDATION R084009 13114 HWY 82 CARBONDALE, CO 81623 239324300385 1281 103 COUNTY RD CARBONDALE 1281 COUNTY ROAD 103 LLC R112082 1281 COUNTY ROAD 103 LLC CARBONDALE, CO 81623 239324306027 1153 CALLICOTTE RANCH DR CARBONDALE BUNTA, DANIEL & MANNING, MARY R044200 1153 CALLICOTTE RANCH DRIVE CARBONDALE, CO 81623 239324306028 1181 CALLICOTTE RANCH RD CARBONDALE UZANSKY, MARK J & HALLEY A R044201 4334 STONELEIGH ROAD BLOOMFIELD HILLS, MI 48302 239324306037 103 COUNTY RD CARBONDALE CALLICOTTE RANCH OWNERS ASSOCIATION INC R044210 326 HIGHWAY 133 #120 CARBONDALE, CO 81623 239325204012 501 WOODEN DEER RD CARBONDALE GROOS, NINA & GUZZETTA, MAX R111849 501 WOODEN DEER ROAD CARBONDALE, CO 81623 239325204022 104 WOODEN DEER RD CARBONDALE FITCH, JONATHAN R111859 104 WOODEN DEER ROAD CARBONDALE, CO 81623 239325300158 86 104 COUNTY RD CARBONDALE CERISE, CLIFFORD RANCH COMPANY R111310 86 COUNTY ROAD 104 CARBONDALE, CO 81623-9604 239326103001 13114 82 HWY CARBONDALE RYOBI FOUNDATION R084007 13114 HWY 82 CARBONDALE, CO 81623 239326103002 13110 82 HWY CARBONDALE RYOBI FOUNDATION R084006 13110 HIGHWAY 82 CARBONDALE, CO 81623 239326300005 Not available CARBONDALE BAILEY FAMILY INVESTMENT COMPANY R111927 PO BOX 6 CARBONDALE, CO 81623 239326400007 87 103 COUNTY RD CARBONDALE CRC LLC R083680 13 FRIDAY LANE CHAPEL HILL, NC 27514 Article 4-203.G Standards Compliance 2025-03-19 Sunsense Solar is submitting this response in accordance with the requirements for a Land Use Change Permit application. The following addresses each applicable standard as it relates to the proposed solar energy project located at 13114 hwy 82 Carbondale, CO. Adjacent Land Uses There are several properties within a 1500-foot radius of this property. To the North-west of the property is Federal Bearu of land management land. To the south of this property is a residential property owned by the Bailey Family Investment Company. Additionally, there is a parcel whose property type is “vacant land” which is owned by CRC LLC to the South. On the south-eastern corner of the property is an agricultural property owned by the Clifford Cerise Ranch company. Along the East side of the property, there are several residential properties, three parcels of vacant land, one exempt property and two Multi Family: the three parcels of vacant land are owned by Abley, Zachary & Rosanne Trust, Goldman, Daniel Lawrence & Slusar, Betti, and Vossler, Richard & Glass, Barbara. The two multifamily properties to the east and to the north-east are owned by POD LLC. and by Carley Ochs respectively. The exempt property is owned by Callicotte Ranch Owners Association Inc. starting on the southeast side and moving north, the residential properties are owned by the following entities: Jonathan Fitch, Parcel ID: 239325204022. Directly east is parcel ID 239325204012 owned by Groos, Nina & Guzzetta, Max, parcel ID 239325204018 owned by Richard Haberman. Moving slightly north there is parcel ID 239324304010 owned by Marc & Elisabeth Lee and parcel ID 239325204014 owned by Mike & Angilina Taylor. Moving slightly further north there is parcel ID 239324304003 owned by Cathey L & Paul D Massey and parcel ID 239324304001 owned by George J & Martha H Clemons. At the northeastern boundary of the property, there are six additional residential properties. The parcel IDs and owners are as follows: parcel ID 239324300385 owned by 1281 County Road 103 LLC, parcel ID 239324300368 owned by Ronald Theodore & Margery Anne Martin, parcel ID 239324306028 owned by Mark J. & Halley A. Uzansky, parcel ID 239324306027 owned by Daniel Bunta & Mary Manning. There is also parcel ID 239324300195 owned by Jaime Nakagawa Lara and parcel ID 239324206024 owned by Julia L. Jevnick. Directly north of the property, there are seven additional properties, five of them residential, one of them an agricultural property and one of them is vacant. The agricultural property is parcel ID 239324200416 and is owned by Nan & David N Kelly and the vacant property type is parcel ID 239324206026 and is owned by Richard Vossler & Barbara Glass. The five residential properties are as follows: parcel ID 239323100125, owned by Richard D. & Denise F. Hayes, parcel ID 239323100284, owned by Anthony Carcella & Heidi Lovoi, parcel ID 239323100282 owned by Richard Douglas & Kristin Connor, parcel ID 239324206025 owned by Emmi INC. and finally parcel ID 239323100182 owned by Joshua Lange. Site Features On the preposed site, there are few natural features which would intersect with this preposed development. There is a man-made pond on the north end of the adjacent parcel (also owned by the Ryobi Foundation) approximately 1500 feet from the parcel boundary. There is some vegetative covering on the outskirts of the parcel boundary however there are non within fifty feet of the preposed site location. No part of this property is on a regulatory or an administrative flood plain. Outside of the southern boundary of the property lies highway 82 and south of highway 82, it is zoned as an administrative floodplain per the Colorado Water Conservation Board. Soil Characteristics The soil characteristics of this property are not unique when compared to all surrounding properties. The type of soil on this site can be described as a light clay//peaty soil containing some sand. It is moldable although not a fine grain clay soil type. Per management, from previous projects which involved digging there are minimal boulders on site which pose any risk to setting of ground screws for this system. Geology and Hazard The geology of this area can be summed up as a stable grassed//vegetated slope. The property lies on the flank of a mountain. Most of the property has been cleared of trees although landslide mitigation has been achieved with tall native grasses in some areas and buffalo grass planed as landscaping surrounding the buildings on the property. The slope is geotechnically stable and has no signs of erosion. Groundwater and Aquifer Recharge Areas The property sits above any known regulatory or administrative floodplain. The jobsite is positioned at the north side of the property and is well out of the way of any listed floodplain zone. The soil and subsoils on this property are stable and supported by abundant grass. Some portions of the grass are native tall grasses and some of it is planted for landscaping. There will be no intersection with the scope of this project and any component of the property’s sewage system, I.e. there will be no sewage effluents. For the installation of this system, no use of any hazardous chemicals or pollutants will be necessary. The risk of pollution in the surface runoff or ground water is negligible. Additionally, the ground screws for this system will penetrate a maximum of six feet and will not be deep enough to engage with the water table. Environmental Impacts The environmental impacts of this system will be a net positive on the facility and the surrounding environment. a) There will be little to no impact to the local flora or fauna by this system. There will be screening on the reverse side of the modules so that they are not exposed to being lacerated, torn, chewed or otherwise damaged by wildlife. The area of the property where the system is to be installed will not require de- vegetation of any kind nor will disrupt the natural growth of any surrounding flora. b) The system is outside of any critical wildlife habitats. Due to the scarcity of natural resources on the property, as described by the study done by Rare Earth Science (enclosed in the file) we anticipate there being minimal, if any, impact to the natural resources on the property. c) No known migration routes will be disturbed or blockade by the installation of this system. The alteration of existing vegetation will not be necessary for any part of this project’s scope. This system will include a screening system along the reverse side of the modules to prevent the creation of a hazardous attraction and any wire damage by wildlife. d) There is no creation of any potential radiation hazard with the installation of a solar array whatsoever. Nuisance The noise and dust will be minimal for the installation of this project. The most significant noise being the use of heavy equipment for a period of less than one business week. Power tool use will also be necessary. Dust production on this project will be negligible. There is a possibility of dust being generated when digging. Dust would not likely come from the dirt but if a ground screw for the system is rejected by a rock, the rock would need to be broken up by a rock hammer which would generate some amount dust. Sunsense Solar does not anticipate this being an issue; per the on site management, from previous projects involving digging, there are very few boulders on the property. The impacts of these nuisances will be mitigated by use of industry best management practices. Hours of Operation This system will be in operation twenty-four hours a day, three hundred sixty-five days a year. Energy will be generated by this system during daylight hours with a correlated decrease in production when it is overcast and zero production overnight. The operation of this system is entirely silent and will not require maintenance outside of there being an issue which needs to be corrected. Customer Distribution 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. Order Number: ABS63021567 Date: 11/18/2024 Property Address: 13110, 13112, 13114 82 HWY, CARBONDALE, CO 81623 For Closing Assistance For Title Assistance George Rietsch 5975 GREENWOOD PLAZA BLVD GREENWOOD VILLAGE, CO 80111 (303) 850-4151 (Work) grietsch@ltgc.com Seller/Owner RYOBI FOUNDATION Attention: BOBBI HAPGOOD 13110 CO-82 CARBONDALE, CO 81623 (919) 619-3295 (Work) bobbi@ryobifoundation.org Delivered via: Electronic Mail Estimate of Title Fees Order Number: ABS63021567 Date: 11/18/2024 Property Address: 13110, 13112, 13114 82 HWY, CARBONDALE, CO 81623 Seller(s): RYOBI FOUNDATION, A COLORADO NON-PROFIT CORPORATION Buyer(s): A BUYER TO BE DETERMINED Thank you for putting your trust in Land Title. Below is the estimate of title fees for the transaction. The final fees will be collected at closing. Visit ltgc.com to learn more about Land Title. Estimate of Title Insurance Fees "TBD" Commitment $279.00 RESEARCH INCOME-COMML X 6 ADD HRS $810.00 TOTAL $1,089.00 Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the documents on your property. Chain of Title Documents: Garfield county recorded 09/01/2017 under reception no. 896886 Garfield county recorded 08/21/2017 under reception no. 896390 Garfield county recorded 02/04/2016 under reception no. 873204 Garfield county recorded 02/04/2013 under reception no. 830840 Garfield county recorded 06/13/2012 under reception no. 819979 Garfield county recorded 03/19/2012 under reception no. 816136 Garfield county recorded 08/22/2008 under reception no. 754513 Copyright 2006-2024 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Property Address: 13110, 13112, 13114 82 HWY, CARBONDALE, CO 81623 1. Effective Date: 10/29/2024 at 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "TBD" Commitment Proposed Insured: A BUYER TO BE DETERMINED $0.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: RYOBI FOUNDATION, A COLORADO NON-PROFIT CORPORATION 5. The Land referred to in this Commitment is described as follows: PARCELS 1, 2, 3, 4 AND 5, RYOBI FOUNDATION PROPERTY, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 21, 2017 AT RECEPTION NO. 896391​ COUNTY OF GARFIELD, STATE OF COLORADO ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:ABS63021567 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: ABS63021567 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. The following will be required should the Company be requested to issue a future commitment to insure: 1. PROVIDE LAND TITLE GUARANTEE COMPANY WITH A COPY OF THE BYLAWS OF RYOBI FOUNDATION, A COLORADO NON-PROFIT CORPORATION . SAID BYLAWS MUST CONTAIN A PROVISION FOR A RESOLUTION TO CONVEY, ENCUMBER AND/OR EXECUTE INDEMNITIES REGARDING REAL PROPERTY. 2. CERTIFIED COPY OF RESOLUTION OF THE GOVERNING BOARD OF THE RYOBI FOUNDATION, A COLORADO NON-PROFIT CORPORATION (AUTHORIZING THE SALE OF THE SUBJECT PROPERTY AND THE EXECUTION OF NECESSARY DOCUMENTS) AND RECITING THAT THE BOARD HAS BEEN DULY AUTHORIZED IN THE PREMISES BY THE CORPORATION. SAID RESOLUTION MUST BE PROPERLY CERTIFIED BY AN OFFICER OF THE CORPORATION. SAID RESOLUTION MUST BE SUBMITTED TO AND APPROVED BY LAND TITLE GUARANTEE COMPANY BUT NEED NOT BE RECORDED. 3. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TRANSFER FEE SET FORTH IN DEED OF CONSERVATION EASEMENT RECORDED AUGUST 21, 2017 UNDER RECEPTION NO. 896392 HAVE BEEN SATISFIED. 4. WARRANTY DEED FROM RYOBI FOUNDATION, A COLORADO NON-PROFIT CORPORATION TO A BUYER TO BE DETERMINED CONVEYING SUBJECT PROPERTY. This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8. EXISTING LEASES AND TENANCIES NOT OF PUBLIC RECORD. 9. 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 MARCH 14, 1894, IN BOOK 12 AT PAGE 307. 10. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 8, 1899 IN BOOK 12 AT PAGE 526. 11. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED FEBRUARY 19, 1923 IN BOOK 73 AT PAGE 130. 12. 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 MAY 09, 1898, IN BOOK 12 AT PAGE 485. 13. 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 MAY 27, 1895, IN BOOK 12 AT PAGE 366. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS63021567 14. EXCEPT THOSE PORTIONS CONVEYED TO THE BOARD OF COUNTY COMMISSIONERS BY DEED RECORDED OCTOBER 21, 1913 IN BOOK 93 AT PAGE 267. 15. RESERVATONS AS CONTAINED IN DEED FROM EDITH JAMES, ALSO KNOWN AS EDITH S. JAMES, FREEMAN S. JAMES, ALSO KNOWN AS F.S. JAMES AS FREEMAN SMITH JAMES AND SHIRLEY L. SPARKS (FORMERLY SHIRLEY L. JAMES) TO RICHARD C. MARTIN AND WILMA S. MARTIN, RECORDED JANUARY 31, 1959, IN BOOK 315 AT PAGE 10, PROVIDING AS FOLLOWS: AND PROVIDED FURTHER THAT THE GRANTORS HEREIN, FOR THEMSELVES, THEIR HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS RESERVE, AND EXCEPT FROM THIS CONVEYANCE, AN UNDIVIDED 1/2 INTEREST IN AND TO ALL OIL, GAS AND OTHER MINERALS IN OR UNDER SAID LAND, OR WHICH MAY BE RECOVERED THEREFROM, AND ALSO THE RIGHT OF INGRESS AND EGRESS TO GO UPON SAID LANDS AND DRILL, PROSPECT FOR, AND PRODUCE, ANY SUCH OIL, GAS OR OTHER MINERALS, SUBJECT TO THE CONDITION THAT THE OWNERS OF SUCH RESERVED MINERAL ESTATE WILL BE REQUIRED TO PAY THE SURFACE OWNER ALL DAMAGES OCCASIONED BY ANY DRILLING, PROSPECTING, OR OTHER PRODUCTION OPERATIONS. 16. RIGHT OF WAY FOR THE NICHOLS DITCH AS SHOWN BY MAP AND STATEMENT FILED FOR RECORD JUNE 1, 1895 AS DOCUMENT NO. 18448. 17. RIGHTS OF WAY FOR THE NICHOLS DITCH, THE FIRST ENLARGEMENT OF THE KELSO DITCH AND THE SECOND ENLARGEMENT OF THE KELSO DITCH, AS EVIDENCED BY DECREE RECORDED FEBRUARY 3, 1941 IN BOOK 201 AT PAGE 68, CERTIFICATE OF WATER RIGHTS RECORDED MAY 24, 1958 IN BOOK 309 AT PAGE 30 AND CERTIFICATE OF WATER RIGHTS RECORDED MAY 24, 1958 IN BOOK 309 AT PAGE 31. 18. RIGHT OF WAY AND EASEMENT AGREEMENT FOR ROAD PURPOSES AS GRANTED IN INSTRUMENT RECORDED JUNE 10, 1968 IN BOOK 395 AT PAGE 23. 19. RIGHT OF WAY EASEMENT TO THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY AS GRANTED BY INSTRUMENT RECORDED SEPTEMBER 8, 1975 IN BOOK 454 AT PAGE 198. 20. EASEMENT TO U.S. WEST COMMUNICATIONS, INC. AS GRANTED BY INSTRUMENT RECORDED JULY 12, 1991 IN BOOK 808 AT PAGE 419. 21. RIGHT OF WAY EASEMENT TO U.S. WEST COMMUNICATIONS, INC. AS GRANTED BY INSTRUMENT RECORDED JULY 21, 1991 IN BOOK 808 AT PAGE 422. 22. RIGHT OF WAY EASEMENT TO HOLY CROSS ELECTRIC ASSOCIATION, INC. FOR AN ELECTRIC TRANSMISSION OR DISTRIBUTION LINE AS GRANTED BY INSTRUMENT RECORDED MARCH 31, 1972 IN BOOK 428 AT PAGE 541. 23. RIGHT OF WAY EASEMENT TO HOLY CROSS ELECTRIC ASSOCIATION, INC. AS GRANTED BY INSTRUMENT RECORDED MAY 25, 1973 IN BOOK 445 AT PAGE 79. 24. TERMS AND CONDITIONS OF RULE AND ORDER RECORDED JANUARY 31, 1975 IN BOOK 468 AT PAGE 518. 25. RIGHT OF WAY EASEMENT TO HOLY CROSS ELECTRIC ASSOCIATION, INC. AS GRANTED BY INSTRUMENT RECORDED MARCH 6, 1980 IN BOOK 544 AT PAGE 860 AND RECORDED MARCH 19, 1991 IN BOOK 800 AT PAGE 565 AND RECORDED AUGUST 28, 1995 IN BOOK 951 AT PAGE 287. 26. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT, DEEDS AND AGREEMENT RECORDED SEPTEMBER 04, 1992 IN BOOK 840 AT PAGE 970 AND FIRST AMENDMENT RECORDED MAY 2, 2016 AT RECEPTION NO. 876624. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS63021567 27. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN FINDINGS AND DECREE RECORDED MARCH 17, 1994 IN BOOK 896 AT PAGE 1. 28. TERMS, CONDITIONS AND PROVISIONS OF WATER ALLOTMENT CONTRACT RECORDED AUGUST 12, 1998 IN BOOK 1083 AT PAGE 97. 29. RIGHT-OF-WAY EASEMENTS TO HOLY CROSS ENERGY IN PART OF SECTION 26 RECORDED MAY 30, 2000 IN BOOK 1189 AT PAGES 639, 641 AND 643. 30. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED APRIL 05, 2001 IN BOOK 1243 AT PAGE 151. 31. TERMS AND CONDITIONS OF A LIFE ESTATE RESERVED BY WILMA S. MARTIN IN SPECIAL WARRANTY DEED RECORDED APRIL 16, 2001 RECORDED IN BOOK 1245 PAGE 659. 32. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED JUNE 05, 2001 IN BOOK 1258 AT PAGE 909. 33. TERMS, CONDITIONS AND PROVISIONS OF ORDER RECORDED AUGUST 04, 2003 IN BOOK 1501 AT PAGE 322. 34. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN HOLY CROSS ENERGY RIGHT OF WAY EASEMENT RECORDED AUGUST 28, 2008 UNDER RECEPTION NO. 754761. 35. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2008-60 RECORDED MAY 06, 2008 AT RECEPTION NO. 747973 AND RESOLUTION NO. 2008-61 RECORDED MAY 6, 2008 AT RECEPTION NO. 747976 AND RESOLUTION NO. 2008-99 RECORDED SEPTEMBER 3, 2008 AT RECEPTION NO. 754992. 36. TERMS, CONDITIONS AND PROVISIONS OF CONDITIONAL USE PERMIT RECORDED MARCH 03, 2009 AT RECEPTION NO. 764129. 37. TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT RECORDED JUNE 01, 2010 AT RECEPTION NO. 786667 AND RIGHT OF WAY EASEMENT RECORDED JUNE 1, 2010 AT RECEPTION NO. 786668. 38. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN VIEW PLANE NEGATIVE EASEMENT AND COVENANTS RECORDED MARCH 19, 2012 UNDER RECEPTION NO. 816134. 39. TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE ADJUSTMENT RECORDED JUNE 05, 2001 IN BOOK 1258 AT PAGE 902. 40. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2011-77 RECORDED DECEMBER 14, 2011 AT RECEPTION NO. 811974. 41. TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE ADJUSTMENT RECORDED MARCH 19, 2012 AT RECEPTION NO. 816135. 42. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED JULY 12, 2013 AT RECEPTION NO. 837919 AND RE RECORDED JULY 25, 2013 AT RECEPTION NO. 838444. 43. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN GRANT OF UTILITY EASEMENT RECORDED APRIL 22, 2014 UNDER RECEPTION NO. 848457. 44. TERMS, CONDITIONS AND PROVISIONS OF GARFIELD COUNTY RESOLUTION NO. 2014-20 RECORDED APRIL 22, 2014 AT RECEPTION NO. 848461. 45. TERMS, CONDITIONS AND PROVISIONS OF LAND USE CHANGE PERMIT RECORDED JULY 15, 2015 AT RECEPTION NO. 865355. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS63021567 46. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN DEED RECORDED AUGUST 21, 2017 UNDER RECEPTION NO. 896390. 47. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF RYOBI FOUNDATION PROPERTY RECORDED AUGUST 21, 2017 UNDER RECEPTION NO. 896391. 48. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF RYOBI CONSERVATION EASEMENT RECORDED AUGUST 21, 2017 UNDER RECEPTION NO. 896393. 49. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN CONSERVATION EASEMENT RECORDED AUGUST 21, 2017 UNDER RECEPTION NO. 896392. 50. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED SEPTEMBER 25, 2020 UNDER RECEPTION NO. 942559 (AFFECTS PARCEL 2). 51. TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT RECORDED MARCH 31, 2023 UNDER RECEPTION NO. 984661. 52. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED MARCH 31, 2023 UNDER RECEPTION NO. 984662 AND 984663 (AFFECTS PARCELS 2 AND 3). ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS63021567 Land Title Guarantee Company Disclosure Statements Note: Pursuant to CRS 10-11-122, notice is hereby given that: Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: The Subject real property may be located in a special taxing district.(A) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (B) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. (C) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (A) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (B) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. (C) The Company must receive payment of the appropriate premium.(D) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. (E) This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. 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. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from 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 (A) That such mineral estate may include the right to enter and use the property without the surface owner's permission. (B) Joint Notice of Privacy Policy of Land Title Guarantee Company Land Title Insurance Corporation and Old Republic National Title Insurancy Company This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to your non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and The public records maintained by governmental entities that we obtain either directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We may share your Personal Information with affiliated contractors or service providers who provide services in the course of our business, but only to the extent necessary for 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 federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT STATED ABOVE OR PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Commitment For Title Insurance Issued by Old Republic National Title Insurance Company NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. . COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 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, 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: 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY 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. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (b) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c) “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. (d) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (f) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (g) “Title”: The estate or interest described in Schedule A.(h) the Notice;(a) the Commitment to Issue Policy;(b) the Commitment Conditions;(c) Schedule A;(d) Schedule B, Part I—Requirements; and(e) Schedule B, Part II—Exceptions; and(f) a counter-signature by the Company or its issuing agent that may be in electronic form.(g) 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: (a) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (b) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (c) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (d) The Company shall not be liable for the content of the Transaction Identification Data, if any.(e) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (f) In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (c) 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Craig B. Rants, Senior Vice President This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II —Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 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. (d) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e) 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.(f)