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HomeMy WebLinkAbout1.00 General Application MaterialsC:\Users\savag\SLC Dropbox\Buffalo Basin Ltd\Land parcels\Trahern River Ranch general\5 Projects\Casey property line CR 320\Amended Plat\Work Papers\Cover ltr w TOC.docx Revised: 2/27/2025 10:42:00 AM; printed: 03/15/25; 10:46 AM; Page 1 of 2 March 10, 2025 Garfield County Community Development Department 108 8th St., Suite 401 Glenwood Springs, CO 81601 Re: Diana Casey Bernklau Exemption Plat Lots 1 and 3 Third Amended Plat Payment of Fees: Per Sec V of the Pre-Application Conference Summary our check in the amount of $100 is included. No referral Agency Fees are required. TABLE OF CONTENTS 1. APPLICATION: a. The Divisions of Land Application Form b. Narrative describing the request and related information c. Diana Lynn Casey aka Diana Bernklau Casey Letter of Authorization d. Payment Agreement Form e. A copy of the Preapplication Summary 2. MAPS: a. Vicinity Map b. BBL to Casey Map c. Casey to BBL Map 3. PROOF OF OWNERSHIP (DEED) a. BBL to Casey SWD b. BBL to Casey Boundary Line Adjustment Affidavit c. Bernklau Exemption (2nd Amended) Plat #453406 d. Casey to BBL SWD 4. TITLE COMMITMENTS a. CWT 2024-06-14 (covers parcel deeded to Casey) b. CWT 2024-06-15: Casey Lot 1 5. PUBLIC NOTICE LISTS a. Names and mailing addresses of property owners within 200 ft. of the subject property from Assessor’s Office Records SAVAGE LAND COMPANY, INC. John W. Savage, consultant 201 Railroad Ave. P.O. Box 1926 Rifle, CO 81650-1926 Off/mobile (970) 379-6745; fax: 625-0803; email: SavageJW@slcjbs.com C:\Users\savag\SLC Dropbox\Buffalo Basin Ltd\Land parcels\Trahern River Ranch general\5 Projects\Casey property line CR 320\Amended Plat\Work Papers\Cover ltr w TOC.docx Revised: 2/27/2025 10:42:00 AM; printed: 03/15/25; 10:46 AM; Page 2 of 2 b. Mineral rights ownership for the subject property including mailing address and/or statement on mineral rights research 6. PROPOSED AMENDED FINAL PLAT 7. IMPROVEMENTS ON THE PROPERTY. a. The only improvements are on Lot 3. The Amended Plat does not change the boundaries of the existing lot other than adding on the parcel conveyed to Casey. Detail of Lot 3 showing location of improvements. The parcel being added has no improvements and the Amended Plat does not change the original lot configuration. An Improvements Agreement or waiver should be included with the request. b. Waiver of this requirement is requested. 8. COVENANTS: None. 9. STATEMENT: That the amendment will not result in any changes to drainage, access, utility services, and any other applicable Subdivision and Article 7 topics (See 1.b. Narrative). Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION Minor Subdivision Preliminary Plan Amendment Major Subdivision Final Plat Amendment Sketch Preliminary Final Common Interest Community Subdivision Conservation Subdivision Public/County Road Split Exemption Yield Sketch Preliminary Final Rural Land Development Exemption Time Extension Basic Correction Exemption INVOLVED PARTIES Owner/Applicant Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ Representative (Authorization Required) Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E- mail:_____SAME______________________________________________________________________ ____ PROJECT NAME AND LOCATION Project Name: _____________________________________________________________________________________ Assessor’s Parcel Number: ___ ___ ___ ___ - ___ ___ ___ - ___ ___ - ___ ___ ___ Physical/Street Address: ________________________________________________________________ Legal Description: ______________________________________________________________________ Zone District: __________________________ Property Size (acres): __________________ see attachment see attached ____________________________________________________________________________________ _R Rural see attachment see attachment Casey Amended Plat c6 Garfield County Project Description Existing Use: __Lot 1: unimproved; Dwelling single Unit per lot; Lot 3: Dwelling, Single Unit existing________________________________________________________________________ Proposed Development Area Land Use Type # of Lots # of Units Acreage Parking Single Family Duplex Multi-Family Commercial Industrial Open Space Other Total REQUEST FOR WAIVERS Submission Requirements  Waiver of Standards The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: ______________________________ Section: _________________________________ Section: ______________________________ Section: _________________________________ I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. ______________________________________________________ __________________________ Signature of Property Owner Date OFFICIAL USE ONLY File Number: __ __ __ __ - __ __ __ __ Fee Paid: $_____________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Proposed Use (From Use Table 3-403): no change Description of Project: __________________________Amend Exemption Plat lots per Boundary Line Adjustment________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 2 1 20 +/-on lot x The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:E. Grading and Drain plan F Landscape PlanSection: ______________________________ Section: _________________________________ Section:________Impact Analysis________________________ x Water supply Waste Water management Access and Roadways topo C:\Users\savag\SLC Dropbox\Buffalo Basin Ltd\Land parcels\Trahern River Ranch general\5 Projects\Casey property line CR 320\Amended Plat\Work Papers\Application attachment.docx Revised: 10/30/2024 1:24:00 PM; printed: 03/15/25; 10:54 AM; Page 1 of 3 PROJECT: Casey Amended Plat APPLICANT: Diana Lynn Casey aka Diana Bernklau Casey DIVISIONS OF LAND APPLICATION FORM: ATTACHMENT/ADDITIONAL PAGES PARTIES: OWNER/APPLICANT: Diana Lynn Casey (Lot 1) aka Diana Bernklau Casey (Lot 3), 2956 County Road 320, Rifle, CO 81650; 970-918-7408, Hilltop2F2Ranch@gmail.com. PROPERTY: Lot 1: R247125 PIN 2175 333 00 155; Lot 3: R247127 2175 333 00 157 ADDRESS: Lot 1: no address assigned; Lot 3: 2956 County Road 320, Rifle, CO 81650. LEGAL: LOT 1 (6.48 acres) A parcel of land situated in the NE1/4 SW1/4 Section 33, Township 6 South, Range 94 West of the 6th Principal Meridian, being more particularly described as follows: Beginning at the Center Quarter corner of said Section 33, being an aluminum cap properly marked on a 2 1/2" pipe in a mound of stones also being the Northeast corner of Lot 1 as described herein: thence N 87°47'50" W 469.45 feet along the North line of said NE1/4 SW1/4; thence S 16°04'00" W 615.08 feet; thence N 78°46'42" E 650.87 feet to the East line of said NE1/4 SW1/4; thence N 00°06'57" E 446.34 feet along said East line to the point of Beginning. Also known as: Lot 1 Bernklau Exemption According to the plat thereof recorded October 6, 1993 as Reception No. 453406. Parcel conveyed to Buffalo Basin 0.259 acres; resulting acres: 6.221 LOT 3 (5.05 acres): A parcel of land situated in the NE1/4SW1/4 Section 33, Township 6 South, Range 94 West of the 6th Principal Meridian, being more particularly described as follows: Beginning at a point on the North line of said NE1/4SW1/4, said point also being the NE corner of Lot 3 as described herein whence the Center quarter corner of said Section 33, an aluminum cap properly marked on a 2 1/2" pipe bears S. 87°47'50" E. 469.45 feet; thence N. 87°47'50" W. 333.41 feet along the North line of said NE1/4SW1/4; thence S. 04°10'43" E 445.10 feet; thence S. 39°30'36" W. 360.86 feet; thence S. 66°48'35" E 461.84 feet; thence N. 12°06'32" W. 307.17 feet; thence N. 16°04'00" E. 615.08 feet to a point of Beginning, Also known as: Lot 3 Bernklau Exemption According to the plat thereof recorded October 6, 1993 as Reception No. 453406 Parcel conveyed to Casey: 7.586ac. resulting acres 12.636 SAVAGE LAND COMPANY, INC. John W. Savage, consultant 201 Railroad Ave. P.O. Box 1926 Rifle, CO 81650-1926 970-625-4401; fax: 625-0803; mobile: 970-379-6745 email: SavageJW@slcjbs.com C:\Users\savag\SLC Dropbox\Buffalo Basin Ltd\Land parcels\Trahern River Ranch general\5 Projects\Casey property line CR 320\Amended Plat\Work Papers\Application attachment.docx Revised: 10/30/2024 1:24:00 PM; printed: 03/15/25; 10:54 AM; Page 2 of 3 NARRATIVE: To resolve boundary issues, Buffalo Basin has conveyed to Casey a 7.586 acres parcel in the E1/2NW1/4 of Sec 33, T. 6 S. R. 94W and Casey has conveyed a 0.259 acre portion of Bernklau Exemption Lot 1 to Buffalo Basin Ltd. Changes to Buffalo Basin’s un-platted parcel (R024431 2175 283 00 040 529.27 acres) description has been accomplished by a Boundary Line Adjustment procedure with the Garfield County Assessor’s Office. No action by the Garfield Community Development Office is required for the Buffalo Basin parcel. The Casey parcels involved are platted lots (Bernklau Exemption 2nd Amended Plat recorded as Rec. No. 453406) therefore an Amended Plat action is required following the conveyances by the parties. 1. The Access Easement No. 1 (Plat Rec. No. 453406) is undocumented and lies on lands of Buffalo Basin Ltd. Those lands all lie southwesterly of County Road 320. BBL has agreed to convey the 7.586 acre parcel lying southwesterly of County Road 320 and containing Access Easement No. 1 to Casey. 2. Casey has agreed, as part of the compensation for the Access Easement parcel to be conveyed to Casey, to convey to BBL the 0.259 acre portion of Bernklau Exemption Lot 1 that lies north of the centerline of County Road 320 and is adjacent to the rest of BBL’s parcel located north of County Road 320. 3. These amendments do not make any changes to drainage, access, or utility easements. 4. Only Casey’s Lot 3 has any improvements (existing single-family home served by an existing domestic water well and ISDS system). Lot 1 has no improvements. 5. This proposed Amendment of the Bernklau Exemption Plat makes no changes to these pre- existing conditions and does not create any additional lots. 6. Applicant is not aware of any other Subdivision Standards or Article 7 topics that are affected or applicable to this application. REQUEST FOR WAIVERS (APPLICATION MATERIALS SEC. 4-202) Applicant requests waiver of the following listed Submittal requirements due to the limited nature and impact of this action: 4-203 D SITE PLAN: Amended Plat does not change current uses of either of the lots. 4-203 E GRADING AND DRAINAGE PLANS: Amended Plat does not change current uses of either of lots. 4-203 F LANDSCAPE PLAN: Amended Plat does not change current uses of either of lots. 4-203 G IMPACT ANALYSIS: No change in existing uses. Impact Analysis not warranted. 4-203 H REZONE JUSTIFICATION REPORT: No rezoning involved. 4-203 I STATEMENT OF APPEAL: N/A 4-203 J DEVELOPMENT AGREEMENT: No change in existing conditions and Vested rights not requested. 4-203 K IMPROVEMENTS AGREEMENT: No public improvements involved. 4-203 L TRAFFIC STUDY: Amended Plat does not create any new lots for which a Traffic Study would be needed. C:\Users\savag\SLC Dropbox\Buffalo Basin Ltd\Land parcels\Trahern River Ranch general\5 Projects\Casey property line CR 320\Amended Plat\Work Papers\Application attachment.docx Revised: 10/30/2024 1:24:00 PM; printed: 03/15/25; 10:54 AM; Page 3 of 3 4-203 M WATER SUPPLY AND DISTRIBUTION PLAN: Amended Plat does not create any new lots or change in exiting water supply or distribution. 4-203 N WASTE WATER MANAGEMENT PLAN: No change to the existing ISDS system for Bernklau Lot 3. Lot 1 has no improvements. 4/203 O FLOODPLAIN ANALYSIS: FEMA Panel 080205 1350B. Notation is panel not printed, all ZONE D. Lots are several hundred feet above the Colorado River and no active streams are in the area of the Lots. HOMEOWNERS ASSOCIATION REVIEW: Lots are not part of a Common Interest Community and there are no applicable covenants or HOA. Payment Agreement Form GARFIELD COUNTY (hereinafter COUNTY) and John W. Savage, on behalf of Diana Lynn Casey aka Diana Bernklau Casey, applicant/ Property Owners (hereinafter OWNER) agree as follows: 1.OWNER has submitted to COUNTY an application for Amended Plat of Bernklau Exemption Plat Lot 1 & 3_(hereinafter, THE PROJECT). 2.OWNER understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3.OWNER and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4.The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE) I hereby agree to pay all fees related to this application. John W Savage Print Name Mailing Address: E-Mail Address: PO Box 1926, Rifle, CO 81650 savagejw@slcjbs.com 970-379-6745 1d I 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: 217533300155 and 217533300157 DATE: 10/28/2024 PROJECT: Buffalo Basin Amended Final Plat OWNERS: Buffalo Basin Ltd., Diana Casey Lot 1 and Diana Bernklau Casey Lot 3 PRACTICAL LOCATION: TBD County Road 320 Rifle. TYPE OF APPLICATION: Amended Final Plat, Administrative Review ZONING: Rural COMPREHENSIVE PLAN: Residential Medium High. I. GENERAL PROJECT DESCRIPTION The applicants are proposing to trade portions of parcel 217528300040 to parcel 217533300157 as well as a portion of parcel 217533300155 to parcel 217528300040. Buffalo Basin Ltd. And Casey have agreed to trade portions of the above properties to settle boundary issues between the properties. These changes are proposed through boundary line adjustments and will be finalized through the amended final plat process. To streamline the process the boundary line amendments will need to be finalized before the amended final plat application. Each of the property owners will need to sign the application or give authorization to be represented. cE( Garfield County 2 Amended Final Plats are typically straightforward applications, focusing on surveying and legal issues. I 1 to be nveyed to Buffa sin, conforms undary to CR 3 A list of submittal requirements and outline of the review process for an Amended Final Plat are provided on the following pages. A new plat with surveyed information is critical to the review. Since the property is owned in trusts, Statements of Authority, that are recorded, will be required. Staff will provide additional documents and templates with this summary for your convenience. If you decide to have someone do the application on your behalf, please provide a letter of authorization signed by all owners showing that. 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/ II. COMPREHENSIVE PLAN The area is considered Residential Medium High. Compliance with the Comprehensive Plan will need to be addressed. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The following Sections of the Garfield Land Use and Development Code as amended apply to the Application:  Section 5-305 – Amended Final Plat Review and Review Criteria  Table 5-103 Common Review Procedures and Required Notice  Table 5-401 Submittal Requirements  Section 5-402 Description of Submittal Requirements including requirements for a Final Plat  Section 4-103 Administrative Review and Section 4-101 Common Review Procedures  Article 7, Divisions 1, 2, 3, and 4 as applicable III. SUBMITTAL REQUIREMENTS Three physical copies of the application and one digital copy of the application are required at the time of submittal. "• r\l I J L.V I I V Ul.:>ll f\,,,l U II I IV I l .:>I VI I .:> 11 1 I CHJIV >..J-L.v I 5-305. AMENDED FINAL PLAT REVIEW. A. Overview. Th is process sha ll be used to mod ify a Plat such as , but not limited to , mod ify ing Lot Lines , Bu ild ing En velopes , easement locat ions , or other interests . B. Review Process. An appl ication for an Amended Final Plat sha ll be processed pursuant to section 4-1 03 , Adm inist rat ive Re v iew , and consistent w ith Table 5-103 , w ith the fol low ing modification : 1. The Amended Final Plat shall be presented to the BOCC for s ignature , pr ior to reco rd ing w ith the County Cle r k and Reco rde r. C. Review Criteria An app li cat ion for an Amended F ina l Plat sha ll meet the fol low ing cr ite ri a : 1. Does not increase the number of lots ; and 2. Does not resu lt in a major relocat ion of a road or add an y ne w roads ; or 3. Wi ll correct techn ica l errors such as su rv ey ing or draft ing errors . 4 As a convenience outlined below is a list of information typically required for this type of application. Table 5-401 Application Submittal Requirements outlines the specific application submittal criteria. The following list can function as a checklist for your submittal. General Application Materials including o The Application Form (signed) o Payment of Fees and signed Payment Agreement Form (see attached) o A narrative describing the request and related information o Proof of ownership (Deed) o Title Commitment o A recorded Statement of Authority is required for any property owned by an LLC or other entity o A Letter of Authorization if an owner intends to have a representative complete the Application and processing o Names and mailing addresses of property owners within 200 ft. of the subject property from Assessor’s Office Records o Mineral rights ownership for the subject property including mailing address and/or statement on mineral rights research (see attached) o A copy of the Preapplication Summary o Vicinity Map The Proposed Amended Final Plat according to 5-402.F. Final Plat All required certificates (signature blocks) shall be included on the plat If there are improvements on the property, improvement location information/survey information shall be provided to confirm that no non-conforming conditions will result from the amended plat An Improvements Agreement or waiver should be included with the request A copy of covenants on the property or reference to recording information for the covenants The Application should include a statement that the amendment will not result in any changes to drainage, access, utility services, and any other applicable Subdivision and Article 7 topics Community Development Staff is available to meet with the Applicant to provide additional information and clarification on any of the submittal requirements and waiver requests. 5 IV. 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. The application will be forwarded to referral agencies for additional technical comments. Staff will create a report based on the application and referral comments for the Director. Public Hearing(s): X No Public Hearing, Directors Decision (with notice per code) Planning Commission IA .c -C 0 E Garfield County Amended Final Plat Rev iew Process ,(Section 5 -305) □ □ Step 1 : Pre-application Conference •Applica t h as 6 months o submi applicatiorn Step 2: Application Submittal Step 3 : Completeness Rev i ew •10 • usiness days to rev·ew •I incompete, 60da,ysto remedydefic-nc[es Step 4 : Schedule Decis'ion Date and Provide Noti ce •Mailed to adjacent p o rty ,ow rs ·-thin 200 • ta d miner: Io,· tilers at !east 15 days pr-or to decision date Step 5 : Referral ----- •21 day comment period Step 6 : Evalutfon by Director Step 7 : Director's Decision •Ca ll-up Period -within lOdays of Director's lleci,sion •Final Plat must be signed by th e BOCC and be recorded within 1'0 business d!avs of approva . 6 Board of County Commissioners Board of Adjustment Referral Agencies: May include but is not limited to: Garfield County Surveyor, Garfield County Attorney, Garfield County Building Department, Garfield Road and Bridge, Garfield County Consulting Engineer, Homeowners Association, Fire District. V. APPLICATION REVIEW FEES Planning Review Fees: $100 Referral Agency Fees: $na Total Deposit: $100(additional hours are billed at hourly rate of $40.50) VI. 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: 10/28/2024 John Leybourne, Planner III Date □ □ 7 cE Garfield County CERTIFICATION OF MINERAL OWN ER RESEARCH This form is to be completed and submitted with any application for a Land Use Change Perm it. Minera l in t eres t s may be severed from surface righ t interest s in real property. C.R.S . § 24 -65.5 -101, et seq, requires not ifica t ion t o minera l owners when a landowner appl ies for an app lica t ion for d eve lopment from a local government. As such, the landow ner must research the current owners of minera l in t erests for the property. The Ga rfield County Land Use and Development Co de of 2013 ("LUDC") Sect ion 4-101(E)(l )(b)(4) requ ires written not ice to owners o f mineral in t eres t s in t he subject property in accord ance wit h C.R.S. § 24-65.5 -1 01, et seq, "as such owners can be identifi ed through the records in t he office of the Cle rk and Recorder or Assessor, or through ot her means." This form is p roo f of applicant's com p lian ce w ith t he Co lorado Revised Statutes and t he LUD C. T he unders igned applicant certifies t hat m inera l owne rs have been researched fo r the subject prope rty as required pursuant to C.R.S. § 24-65.5-101, et seq, and Section 4-101 (E)(l)(b)(4) of t he Garfie ld County Land Use and Development Code, as amended. As a result of th at resea rch, the undersigned app licant certifies the fo ll owing (Please initial on the blank line next to the statement that accurately reflects the result of research): _ I own t he en t ire mineral est ate relat ive t o t he su bj ect pro perty; or _ Minera ls are owned by t he parties list ed below The names and addresses o f any and all minera l owners iden t ified are provided below (a ttach ad ditional pages as necessary): Name of M in e ra l Owne r Mailing Add ress of M i neral Owner I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compl iance w ith sa id sta tue and t he LUDC. App licant's Signa t ure Date 8 TO: FROM: DATE: RE: Garfield County MEMORANDUM Staff County Attorney's Office June 24, 2014 Mineral Interest Research Mineral interests may be severed from surface right interests in real property. Colorado revised statute 24-65.5-103 requires notification to mineral owners when a landowner applies for a land use designation by a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4- 101(E)(l)(b)(4) requires written notice to owners of mineral interests in the subject property '"as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." It is the duty of the applicant to notify mineral interest owners. The following is a suggested process to research mineral interests: I. Review the current ownership deed for the property (i.e. Warranty Deed, Special Warranty, Quit Claim Deed or Bargain and Sale Deed-NOT a Deed of Trust). The ownership deed is usually one or two pages. ls there a reservation of mineral interests on the ownership deed? Are there any exceptions to title? A deed may include a list of reset-vations that reference mineral owners or oil and gas leases. 2. Review your title insurance policy. Are there exceptions to title listed under Schedule B- U? If so, review for mineral interests that were reserved and oil and gas leases. 3 . Check with the Assessor's office to determine if a mineral interest bas been reserved from the subject property. The Assessor's office no longer documents the mineral reservation ownership for its tax roll records unless ownership has been proven. There are only a limited nwnber of mineral owners who have provided such infonnation to the Assessor's office so this may not provide any information, depending on your property. 9 , MEMO June 24, 2014 Page2 4. Research the legal description of the subject property with the Clerk and Recorder's computer. You can search the Section, Township, and Range of the subj ect property. You may find deeds for mineral interests for the subject property. 5. Research whether a Notice of Mineral Estate Ownership was filed for the subject property. On the Clerk and Recorder's computer, search under Filter (on the right hand side of the screen), General Recordings, Notice of Mineral Estate Ownership for the subject property. 6. If you find mineral interest owners as reservations on your deed, listed in your title insurance policy, from the Assessor's records or the Clerk and Recorder's computer, you need to determine whether these mineral interests were transferred by deed and recorded in the Clerk and Recorder's office. 7. Enter the name of the mineral interest owner as the Grantor in the Clerk and Recorder's computer to see if the mineral interest was transferred. If you find a transfer deed, you need to repeat this process to follow any transfer of the mineral interest to present day. 8 . Include a description of your research process in your application and the name(s) and address(es) of the current mineral interest owner{s}. Mineral interest research can be a difficult and time consuming process. If you are unable to determine mineral rights ownership by yourself, consider hiring an anomey or landman. Attorneys and landmen specialize in determining mineral rights ownership, but they charge a fee for their services. Gareld County, CO Developed by Account Number  R024431 Parcel Number  217528300040 Acres 529 Land SqFt 0 Tax Area 024 Mill Levy 60.7120 Physical Address  1989 320 COUNTY RD RIFLE 81650 Owner Address  BUFFALO BASIN LTD PO BOX 1926 RIFLE CO 81650 Total Actual Value  $562,080 Last 2 Sales Date   Price   n/a   $   n/a   $   Date created: 10/29/2024 Last Data Uploaded: 10/29/2024 3:07:09 AM 3,037 ft Overview Legend Parcels Roads Highways Limited Access Highway Major Road Local Road Minor Road Other Road Ramp Ferry Pedestrian Way Lakes & Rivers County Boundary Line Casey Amended Plat: 4a Vicinity Map T 6 S R 94 W Sec 33 CR 320 OqPublic.net™ □ ■ ,-) SCHNEIDER --..,. GEOSPATIAL Gareld County, CO Developed by Date created: 4/29/2024 Last Data Uploaded: 4/29/2024 2:10:09 AM 748 ft Overview Legend Parcels Roads Parcel/Account Numbers Owner Name Lakes & Rivers County Boundary Line Casey Amended Plat Maps: 4a Plat details OqPublic.net™ L..,. Schneider ~JI' GEOSPATIAL 1003018 12/30/2024 01 :39:08 PM Page 1 of 3 Jacklyn K. Harmon, Garfield County, Colorado Rec Fee: $23.00 Doc Fee: $1.98 eRecorded SPECIAL WARRANTY DEED GRANTOR(s): BUFFALO BASIN LTD., fka Buffalo Basin Limited Partnership POB 1926, Rifle, CO 81650 for the consideration of ($1.00) ONE and 00/100 DOLLARS, in hand paid, hereby conveys to GRANTEE: DIANA BERNKLAU CASEY 2956 County Road 320, Rifle, CO 81650 Garfield County, Colorado the following described real property: T. 6 s .. R. 94 w. 6th P.M. Sec. 33: El/2NW1/4: Portion of the SE1/4NW1/4 lying south and west of County Road 320, as more particularly described in Exhibit A attached. Address: not assigned, Rifle, CO 81650; aka part of R024431 PIN 2175 283 00 040 EXCEPT: Granter reserves all mineral rights; No adjudicated water rights included. Said parcel is to be merged with the tract of land ovrneu by Diana Bernkhrn Case,,, known as Bernklau Exemption Lot 3 per Plat recorded October 6. 1993 as Reception No. 453406 (aka PIN: 2175 333 00 157 R247127). and cannot be sold scparatclv from the merged tract of hrnd, except as alltnYcd bv law. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HA VE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. The grantor(s), for themselves, their heirs, and personal representatives, successors and assigns do covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor(s); excepting from the grantor's warranty, general taxes and assessments for the year 2021 and subsequent years; and "subject to statutory exceptions" as defined in§ 38-30-113(5)(a), C.R.S. Bl!FFArO BASIN LTD., fka Buffalo Basin Limited Partnership Byf,_/ '-=--7!/'.. ___ • ,~, ,c. Date: / 7 ~/5,l?l'J_ 'I John }I'. Savage, j'manger of B ffalo Basin Ltd., Statement of Authority recorded as Rec. No. 929070 sf<TE OF COLORADO COUNTY OF GARFIELD) ss. . The foregoing instrument was acknowledged before me on \\\ ~£ (_t lit\~ i ,; ( ~) \ ·;:; { '..j \._~ by John W. Savage, as manager of BUFFALO BASIN LTD., fka Buffalo Basin Limited Partnership . . My commission expjn~s: c£i .')]. :U"::lS, Witness my hand and official seal. \--~ .::c:..Jl.,,~-~ _ ,J~<::?J/:: (Notary Public) [SEAL] ....-----=:-::-:-:--;:-;::-:::;;-;-;---7 DENNA CONWELL NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19934014538 MY COMMISSION EXPIRES SEPTEMBER 2~ 2026 C:\Users\savag\SLC Dropbox\Buffalo Basin Ltd\Land parcels\Trahem River Ranch general\5 Projects\Casey property line CR 320\Work Papers\SWD BBL to Casey.docx; created: 11/27/2024 11: 12:00 AM; printed: I J/27/2024 11:33:00 AM Page I of I 1003018 12/30/2024 01 :39:08 PM Page 2 of 3 Jacklyn K. Harmon, Garfield County, Colorado Rec Fee: $23.00 Doc Fee: $1.98 eRecorded Docusign Envelope ID: 3589F8DF-A975-44ED-8C99-2CDC622901 C2 EXHIBIT A '.<: a a a ~ (,5 ~ ~ ,j:>, ;8 1£) lq 7.586± Acres 33, 0450 sq. ft. Buffalo Basin Ltd. Parcel #217528300040 El/2NW14 SCALE: l "= 200' Point of Beginning --·-----------.~;:::::::;--~~;-:;;---~~~~ 2 -S 88°00'53" E CenterWestl/16 ComerSection33 . N88'00'53"W 1055.43' 251 _41 . Found 2-1/2" Aluminum Cap Baszs of Bearing North Line NE1/4SW1/4 on #6 Rebar Stamped "CS! INC. Re~ord S 87'47'50" E 1307.92' C Wl/ 16 S33 Field S 88 '00'53" E 1306. 90' 2007 PLS 27925" CURVE RADIUS Cl 282.27' C2 525.90' C3 419.25' C4 521 .33' cs 1412.40' C6 486.40' Lot 3 Second Amended Bernklau Exemption Plat Reception No. 453406 Parcel #217533300157 LINE BEARING LJ S 78"56'31" E L2 N 82°11 '34" E L3 N04°51'30"W L4 N01°45'13"E LS S 40°56'44" E L6 S 71'21'00" W L7 S 40°56'44" E LB S32'15'17"E L9 S 48'33'06" E Ll0 S 62'12'58" E Lll S 52"45'55" E L12 S 71 °46'08" E DISTANCE 24.83' 73. 79' 243.68' 190.84' 112. 75' 21.62' 49.26' 1.17' 71.53 36.65' 107.17' 42.51' ARC LENGTH CHORD LENGTH CHORD BE:'.RJNG 211.39' 206,48' S19"31'11"E 79 77' 79.69' N 36°36'00" W 119.25' 118.85' S 40°24'12" E 124.33' 124.04' S 55°23'02" E 232. 97' 232 71' N 57°29'26" W 761.33' 160.59' S 62'16'01" E D -....... -Center 1 I 4 Corner Section 33 Found 2-3/4" Aluminum Cap on 3" Pipe Stamped "C-1/ 4 S33 1984 LS 10871" 1 'Above Ground DELTJ\ .t\NGLE 42"54'25" 8°41 '27" 16'17'49" 13'39'52" 9'27'03" 19'00'14" m· 7F:D185CB688407 . SHEET 1 OF 2 DATE: NOVEMBER 1, 2024 JOB NO: 23089 BBL-CASEY 1003018 12/30/2024 01 :39:08 PM Page 3 of 3 Jacklyn K. Harmon, Garfield County, Colorado Rec Fee: $23.00 Doc Fee: $1.98 eRecorded Docusign Envelope ID: 3589F8DF-A975-44ED-8C99-2CDC622901C2 EXHIBIT A A PARCEL OF LAND SITUATE IN THE El/2 OF THE NWl/4 OF SECTION 33, TOWNSHIP 6 SOUTH, RANGE 94 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STA TE OF COLORADO. ALL BEARINGS RELATIVE TO AN ASSUMED BEARING OF S88°00'53" E ALONG THE SOUTH LINE OF SAID SEJ/ 4 OF THE NWl/4 BETWEEN THE CENTER WEST 1/ 16 CORNER, A FOUND #6 REBAR AND 2-1/2" ALUMINUM CAP STAMPED "CS! INC CW 1/ 16 S33 2007 PLS 27925" AND THE CENTER 1/4 CORNER, A FOUND2-3/4"ALUMINUMCAPON A 2" PIPE STAMPED "C-1/4 S33 1984LS #10871 '', SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT SAID WEST CENTER 1/ 16 CORNER; THENCE ALONG THE WEST LINE OF SAID El/2 OF THE NWI/4 N00'07'37"W 402.99 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF THE PARCEL DESCRIBED IN RECEPTION NO. 734000; THENCE ALONG SAID LINE THE FOLLOWING THREE (3) COURSES: 1.) Ll -S78'56'31 "E 24.83 FEET 2.) L2-N82'11'34'E 73.79 FE.ST :l._1 .VM"Sl '30"U' 87.✓/l FBF,,T TO A POINTON THE EAST LINE OF THAT PARCEL DESCRIBED IN RECEPTION NO. 841792; THE1VC8 ADONG SAID EAST UNE THE FOL.LO\i1N TWO /2) COURSES I. J N04'51 '30"\.l' 156.;J'l FEET 2 } L'I -NO 1 ,;5 13 'E 1 :JO. Bai FEET TO A POINT ON THE WEST LINE OF QUIT CLAIM DEED, DOCUMENT NO, 51573; THENCE ALONG SMD lVE.ST LINE THE FOLLOWING THREE (3) COURSES· 1.) Cl -ALONG THE ARC OFA CURVE TO THE LEFT HAVING A RADIUS OF 282.27 FEET, AN ARC LENGTH OF 211.39' (CHORD BEARS Sl 9•3J'l l "E 206.48 FEET) 2.) LS -S40'56'44"E 112. 75 FEET 3.) L6-N71 '2l'00"E 21.62 FEET TO A POINT ON THE CENTERLINE OF COUNTY ROAD NO, 320; THENCE ALONG SAID CENTERLINE THE FOLLOWING ELEVEN (11) COURSES: 1.) L7-S40'56'44"E 49.26 FEET 2.) C2 -ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF525.90 FEET, AN ARC LENGTH OF 79.77 FEET (CHORD BEARS S36'36'00"E 79.69 FEET) 3.) LB-S32'15'17"E 1.17 FEET 4.) C3 -ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 419.25 FEET, AN ARC LENGTH OF 119.25' (CHORD BEARS S40'24'12"E 118.85 FEET) 5.) L9 -S48"33'06"E 71.53 FEET 6,) C4 -ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 521.33 FEET, AN ARC LENGTH OF 124,33 (CHORD BEARS S55'23'02"E 124.04 FEET) 7.) Ll 0 -S62'12'58"E 36.65 FEET 8.) CS -ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1412.40 FEET, AN ARC LENGTH OF 232. 97' (CHORD BEARS S57'29'26"E 232. 71 FEET) 9.) Ll 1 -S52'45'55"E 107.17 FEET 10.) C6 -ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF486.40FEET, AN ARC LENGTH OF 161.33' (CHORD BEARS S62'16'01 "E 160.59 FEET) 11.) Ll 2-S71 '46'08"E 42.51 FEET TOA POINT ON THE SOUTH LINE OF SAID SEl/4 OF THE NWl/4; THENCE ALONG SAID SOUTH LINEN88'00'53"W 1055.43 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 7.586 ACRES MORE OR LESS. •· LA•••• .,• 111 \,..\.. rro··•. ·~ 7i .. 36572 ~ 11/5/24 . ~ 7FAD185CB688407 ... SHEET 2 OF 2 DATE: NOVEMBER 1, 2024 JOB NO: 23089 BBL-CASEY 1003020 12/30/2024 01 :39:08 PM Page 1 of 4 Jacklyn K. Harmon, Garfield County, Colorado Rec Fee: $28.00 Doc Fee: $0.00 eRecorded Garfield County BOUNDARY LINE ADJUSTMENT AFFIDAVIT Buffalo Basin to Casey The undersigned affiants being first sworn upon thereof, depose and state as follows: 1) We are the owners of the following real properties in the unincorporated area of Garfield County: BUFFALO BASIN LTD, (Property Owner #1): T. 6. S, R. 94 W .. 6th P.M. Sec. 33: El/2NW1/4 (portion south and west of CR 320), a part of Parcel No. 2175 283 00 040, R024431, Most recent deed: Rec. No. 928107 in the records of the Clerk and Recorder, Garfield County. DIANA BERNKLAU CASEY (Property Owner #2): T. 6 S.1 R. 94 W., 6th P.M. Sec. 33: Portion of the NE1/4SW1/4, more particularly described as Bernklau Exemption Plat Lot 3 per Amended Plat recorded as Rec. No. 453406; PIN: 2175 333 00 157 R247127; Most recent deed: Rec. No. 464027 in the records of the Clerk and Recorder, Garfield County. 2) We are desirous of adjusting the boundary lines of our parcels and/or lots and sign this Affidavit in accordance with the Garfield County Land Use and Development Code. 3) Property Owner #1 wishes to convey land to Property Owner #2. Said land being conveyed is described in Exhibit A which is attached hereto and incorporated herein by reference. 4) We hereby represent that no new parcels or lots will be created and therefore, that Garfield County will not be required to issue any building permits, other than what it would be required to issue for the already existing parcels or lots. 5) The Buffalo Basin Ltd. parcel is NOT a part of a previously platted subdivision of record. • The Casey parcel IS a lot in a previously recorded subdivision, therefore a Final Plat Amendment is required which is more fully defined in Article 5 of the Garfield County Land Use and Development Code. An Amended Final Plat will be obtained after recording of this transaction per said Code. 6) We hereby represent that the boundary line adjustment made reference to herein will not cause the loss of access by road or to utilities, to any parcel or lot involved. 7) We hereby represent that the boundary line adjustment being made will not result in any of the parcels or lots involved being less than the minimum lot size in their applicable zone district allowed as a result of the boundary line adjustment or create any non-conforming setbacks for any existing structures. 8) We hereby represent that a copy of the Affidavit will be recorded with the Garfield County Clerk and Recorder. [signatures and acknowledgments cont'd next page] BBL Casey Boundary Line Adj Aff 1 of 2 1003020 12/30/2024 01 :39:08 PM Page 2 of 4 Jacklyn K. Harmon, Garfield County, Colorado Rec Fee: $28.00 Doc Fee: $0.00 eRecorded Property Owner #1 BUFFALO)ASIN LTD. fka Buffalo Basin limited Partnership ! BY: '··-#; JohvSavage, m~p er {Statement of Authority Rec. No. 929070) STATE OF COLORAd COUNTY OF GARFIELD) ss The foregoing document was sutJscribed and sworn to before me in the County of Garfield, State of Colorado this ,i"i' \-',"' day of \1J t~ t 1 ".i1>1¥)t ( , 20 k1._by John W. Savage, as manager of Buffalo Basin Ltd. fka Buffalo Basin Limited Partnership. My Commission Expires: Cct-:;rl -:.-:;u::1 ~r;:- \_,'--JL\.tJ,,Cs_, ~¾__ _Q__/ Notary Public Diana Bernklau Casey STATE OF COLORADO COUNTY OF GARFIELD) ss DENNA CONWELL NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19934014538 MY COMMISSION EXP I FIES SEPTEMBER 27. 2D25 The foregoing document was subscribed and sworn to before me in the County of Garfield, State of Colorado this ~7\·-, day of Q:CJ \iv1~.U (-, 20 :~1....\ by Diana Sernklau Casey. My Commission Expires: ffi,-~ -·-:::t~:::\5"""' Notary Public EXHIBIT A ATTACHED BBL Casey Boundary Line Adj Aff 2 of 2 DENNA CONWELL NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19934014538 MY COMMISSION EXPIRES SEPTEMBER 27. 2025 1003020 12/30/2024 01 :39:08 PM Page 3 of 4 Jacklyn K. Harmon, Garfield County, Colorado Rec Fee: $28.00 Doc Fee: $0.00 eRecorded Docusign Envelope ID: 3589FBDF-A975-44ED-8C99-2CDC622901 C2 Ll EXHIBIT A County Road No. 320 7.586± Acres 33,0450 sq. ft. Apparent Prescriptive 60. 0' Buffalo Basin Ltd. Parcel #21 7528300040 El/2NW14 I SCALE: 1 "= 200' Point of Beginning ------·--··---~==:-:--~~~~~~~~~ ' 1 I 1 12 -s 88°00'53" E Center West 1 / 16 Comer Section 33 N 88 '00'53" W 1055, 43' 2.'i 1. 4 7' Found 2-1/2'' Aluminum Cap Ba5 is of Bearing North Line NE1/4SW1/4 on #6 Rebar Stamped "CSI INC. Record S 87'47'50" E 1307,92' C Wl/ 16 S33 Field S 88°00'53" E 1306.90' 2007 PLS 27925" CURVE RADIUS Cl 282.27' C2 525. 90' C3 419.25' C4 521.33' r:s 1412.40' C6 486.40' Lot 3 Second Amended Bemklau Exemption Plat Reception No. 453406 Parcel #217533300157 LINE BEARING I,] S 78"56'31" E L2 N 82"11 '34" E l,3 N 04 '51 '30" W L4 N01'45'13"E LS s 40'56'44' E L6 S 71 "21 '00" W L7 S 4W56"44" E LB S 32'15'17" E 19 s 48'33'06" E LlO S 62'12'SB" E Ll1 s 52'45'55" E L12 S 71 '46'08" E DlST1lNCE 24.83' 73. 79 243.68' 190.84' 112.75' 21.62' 49.26' 1,17' 71.53' 3665' 107.17' 42.Sl' ARC LENGTH CHORD LE1VGTH CHrJRD BE;\RJNG 211.39' 206,48' s 19"31'11" E 79.77' 79.69' N 36'36'00' W 119.25' 11B.85' S 40'24'12" E 124.33' 124.04' S 55'23'02" E 232.97' 232 71' N 57'29'26" W 161.33' 160.59' S 62'16'01" E D ' ---··--Cenre1 L'4 CorncrS1?ctin11 J:{ Found 2·3/4" Aluminum Cap on 3" Pipe Stamped "C-1/4 S33 1984 LS 10871" 1 'Above Ground DELTA ANGLE 42°S4'2S" 8°41'27" 16'17'49" 1.'l"39'S2" 9'27'03" 19'00'14" •(\. LANc'•• .. "° ?'a~ -;;c1· 36572 ~ 11/5/24 . edb:,,.l "}11, • 7F:D185CB6B8407 ... ,t,n.e;. SHEET 1 OF 2 DATE· NOVEMBER 1, 2024 JOB NO: 23089 BBL-CASEY 1003020 12/30/2024 01 :39:08 PM Page 4 of 4 Jacklyn K. Harmon, Garfield County, Colorado Rec Fee: $28.00 Doc Fee: $0.00 eRecorded Docusign Envelope ID: 3589FBDF-A975-44ED-BC99-2CDC622901 C2 EXHIBIT A A PARCEL OF LAND SITUATE IN THE El/2 OF THE NWl/4 OF SECTION 33, TOWNSHIP 6 SOUTH, RANGE 94 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO. ALL BEARINGS RELATIVE TO AN ASSUMED BEARING OF S88°00'53" E ALONG THE SOUTH LINE OF SAID SEl/4 OF THE NWI/4 BETWEEN THE CENTER WEST 1/16 CORNER, A FOUND #6 REBAR AND 2-1/2" ALUMINUM CAP STAMPED "CSI INC. CW 1/16 S33 2007 PLS 27925" AND THE CENTER 1/4 CORNER, A FOUND 2-3/4" ALUMINUM CAP ON A 2" PIPE STAMPED "C-1/4 S33 1984 LS # 108 71 ". SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT SAID WEST CENTER 1/ 16 CORNEF?; THENCE ALONG THE WEST LINE OF SAID El/2 OF THE NWl/4 N00'07'37"W 402.99 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF THE PARCEL DESCRIBED IN RECEPTION NO. 734000; THENCE ALONG SAID LINE THE FOLLOWING THREE (3) COURSES: 1.) Ll -S78'56'31"E 24.83 FEET 2.) L2 -N82°11 '34"E 73. 79 FEET 3.) N04°51'30"W 87.41 FEET TO A POINTON THE EAST LINE OF THAT PARCEL DESCRIBED IN RECEPTION NO. 841792; THENCE ALONG SAID EAST LINE THE FOLLOWIN TWO (2) COURSES 1.) N04°51'30"W 156.27 FEET 2.) L4 -N0l 0 45'13"E 190.84 FEET TO A POINT ON THE WEST LINE OF QUIT CLAIM DEED, DOCUMENT NO. 51573; THENCE ALONG SAID WEST LINE THE FOLLOWING THREE (3) COURSES: 1.) Cl -ALONG THE ARC OFA CURVE TO THE LEFT HAVING A RADIUS OF 282.27 FEET, AN ARC LENGTH OF 211.39' (CHORD BEARS Sl 9'31 '11 "E 206.48 FEET) 2.) LS-S40'5644"E 112. 75 FEET 3.) L6-N71'2l'00"E 21.62 FEET TO A POINT ON THE CENTERLINE OF COUNTY ROAD NO. 320; THENCE ALONG SAID CENTERLINE THE FOLLOWING ELEVEN (11) COURSES: l.j L7-S40'56'44"E 49.26 FEET 2.) C2 -ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 525. 90 FEET, AN ARC LENGTH OF 79. 77 FEET (CHORD BEARS S36'36'00"E 79.69 FEET) 3.) LB -S32°15'17"E 1.17 FEET 4.) C3 -ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 419.25 FEET, AN ARC LENGTH OF 119.25' (CHORD BEARS S40°24'12"E 118.85 FEET) 5.) L9 -S48°33'06"E 71.53 FEET 6.) C4 -ALONG THE ARC OFA CURVE TO THE LEFT HAVING A RADIUS OF 521.33 FEET, AN ARC LENGTH OF 124.33' {CHORD BEARS SSS 0 23'02"E 124.04 FEET) 7.) LIO -S62"12'58"E 36.65 FEET 8.) CS -ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1412.40 FEET, AN ARC LENGTH OF 232. 97' (CHORD BEARS S57°29'26"E 232. 71 FEET) 9.) Ll 1 -S52"45'55"E 107.17 FEET 10.) C6 -ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 486.40 FEET, AN ARC LENGTH OF 161.33' (CHORD BEARS S62'16'01 "E 160.59 FEET) 11.J Ll2-S71 °46'08"E 42.51 FEET TOA POINT ON THE SOUTH LINE OF SAID SEl/4 OFTHENWl/4; THENCE ALONG SAID SOUTH LINE N88'00'53'W 1055.43 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 7.586 ACRES MORE OR LESS. _.•·('-l AN;;• •. .. ~ ?'J,. ~ 36572 ~ . 11/5/24, W\,C, 7FAD185CB6B8407 ... SHEET 2 OF 2 DATE: NOVEMBER 1, 2024 JOB NO: 23089 BBL-CASEY American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 1 of 9 ALTA COMMITMENT FOR TITLE INSURANCE issued by COMMONWEALTH LAND TITLE INSURANCE COMPANY NOTICE IMPORTANT – READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I – Requirements; Schedule B, Part II – Exceptions; and the Commitment Conditions, Commonwealth Land Title Insurance Company, a(n) Florida corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Amount of Insurance and the name of the Proposed Insured. If all of the Schedule B, Part I – Requirements have not been met within 180 days after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1.DEFINITIONS a. “Discriminatory Covenant”: Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class. b. “Knowledge” or “Known”: Actual knowledge or actual notice, but not constructive notice imparted by the Public Records. c. “Land”: The land described in Item 5 of Schedule A and improvements located on that land that by State law constitute real property. The term “Land” does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. d. “Mortgage”: A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by electronic means authorized by law. e. “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. f. “Proposed Amount of Insurance”: Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each Policy to be issued pursuant to this Commitment. g. “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. h. “Public Records”: The recording or filing system established under State statutes in effect at the Commitment Date under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term “Public Records” does not include any other recording or filing AM ER IC AN LAN D TI T L E ASSOC IAT ION American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 2 of 9 system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or national security matters. i. “State”: The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term “State” also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam. j. “Title”: The estate or interest in the Land identified in Item 3 of Schedule A. 2.If all of the Schedule B, Part I – Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end. 3.The Company’s liability and obligation is limited by and this Commitment is not valid without: a. the Notice; b. the Commitment to Issue Policy; c. the Commitment Conditions; d. Schedule A; e. Schedule B, Part I – Requirements; f. Schedule B, Part II – Exceptions; and g. a counter-signature by the Company or its issuing agent that may be in electronic form. 4.COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company is not liable for any other amendment to this Commitment. 5.LIMITATIONS OF LIABILITY a. The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: i. comply with the Schedule B, Part I – Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II – Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. b. The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. c. The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. d. The Company’s liability does not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Condition 5.a. or the Proposed Amount of Insurance. e. The Company is not liable for the content of the Transaction Identification Data, if any. f. The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I – Requirements have been met to the satisfaction of the Company. g. The Company’s liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured. 6.LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. b. Any claim must be based in contract under the State law of the State where the Land is located and is restricted to the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured against the Company must be filed only in a State or federal court having jurisdiction. c. This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. d. The deletion or modification of any Schedule B, Part II – Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. AM ER IC AN LAN D TI T L E ASSOC IAT ION American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 3 of 9 e. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. f. When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy. 7.IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for closing, settlement, escrow, or any other purpose. 8.PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9.CLAIMS PROCEDURES This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6. 10.CLASS ACTION ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION. 11.ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is $2,000,000 or less may be arbitrated at the election of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. COMMONWEALTH LAND TITLE INSURANCE COMPANY P.O. Box 45023, Jacksonville, FL 32232-5023 By: Michael J, Nolan, President By: Marjorie Nemzura, Secretary AM ER IC AN LAN D TI T L E ASSOC IAT ION American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 4 of 9 Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment Condition 5.e.: Issuing Agent: Commonwealth Title Company of Garfield County, Inc. Issuing Office: 127 East 5th Street Rifle, CO 81650 Issuing Office’s ALTA® Registry ID: 1038730 Loan ID Number: Commitment Number: 2024-06-15 Issuing Office File Number: 2024-06-15 Property Address: 0 County Rd 320, Rifle, CO 81650 Revision Number: 1 SCHEDULE A 1.Commitment Date: May 8, 2025 at 8:00 AM 2.Policy to be issued: (a) 2021 ALTA Owner's Policy Proposed Insured: Proposed Amount of Insurance:$ Policy Premium:$0.00 The estate or interest to be insured:fee simple (b) 2021 ALTA Loan Policy Proposed Insured: Proposed Amount of Insurance:$ Policy Premium:$0.00 The estate or interest to be insured:fee simple 3.The estate or interest in the Land at the Commitment Date is: fee simple 4.The Title is, at the Commitment Date, vested in: Diana Lynn Casey 5.The land is described as follows: The land is described as set forth in Exhibit A attached hereto and made a part hereof. AM ER IC AN LAN D TI T L E ASSOC IAT ION American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 5 of 9 COMMONWEALTH TITLE COMPANY OF GARFIELD COUNTY, INC. 127 East 5th Street, Rifle, CO 81650 Telephone: (970) 625-3300 Countersigned by: Patrick P. Burwell, License #153719 Commonwealth Title Company of Garfield County, Inc., License #292895 COMMONWEALTH LAND TITLE INSURANCE COMPANY P.O. Box 45023, Jacksonville, FL 32232-5023 By: Michael J, Nolan, President By: Marjorie Nemzura, Secretary AM ER IC AN LAN D TI T L E ASSOC IAT ION American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 6 of 9 SCHEDULE B, PART I – Requirements All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. 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. 4. -This is an informational only commitment and no policy will be issued hereunder. AM ER IC AN LAN D TI T L E ASSOC IAT ION American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 7 of 9 SCHEDULE B, PART II – Exceptions Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document will be excepted from coverage. The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage of area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attached, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I—Requirements are met. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded on January 12, 1921 as Instrument #73928 in the official records 10. Right of way for ditches and canals in place and in use. 11. Right of way for County Road No. 320. 12. Oil, gas and mineral lease recorded on April 21, 1955 as Instrument #189300 in the official records and any and all interests therein or assignments thereof. 13. Oil, gas and mineral lease recorded on December 3, 1984 as Instrument #322134 in the official records and any and all interests therein or assignments thereof. 14. Terms, conditions and all matters set forth in Resolution recorded on January 7, 1985 as Instrument #358555 in the official records 15. Oil, gas and mineral lease recorded on January 6, 1987 as Instrument #377938 in the official records and any and all interests therein or assignments thereof. AM ER IC AN LAN D TI T L E ASSOC IAT ION American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 8 of 9 16. Terms, conditions and all matters set forth in Agreement recorded on April 23, 1992 as Instrument #434058 in the official records 17. Easements, rights of way, plat notes and all matters described and set forth on the Plat recorded on September 8, 1993 as Instrument #452167 in the official records 18. Easements, rights of way, plat notes and all matters described and set forth on the Plat recorded on October 6, 1993 as Instrument #453406 in the official records 19. Easement and right of way as described in document recorded as Instrument #587005 in the official records 20. Terms, conditions and all matters set forth in Agreement recorded on September 10, 2002 as Instrument #610396 in the official records 21. Reservation of mineral rights more fully described in Deed recorded on December 30, 2024 as Instrument #1003017 in the official records and any and all interests therein or assignments thereof. 22. Terms, conditions and all matters set forth in Boundary Line Adjustment Affidavit recorded on December 30, 2024 as Instrument #1003019 in the official records AM ER IC AN LAN D TI T L E ASSOC IAT ION American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 9 of 9 EXHIBIT “A” The Land referred to herein below is situated in the County of Garfield, State of Colorado and is described as follows: A parcel of land situated in the NE1/4 SW1/4 Section 33, Township 6 South, Range 94 West of the 6th Principal Meridian, being more particularly described as follows: Beginning at the Center Quarter corner of said Section 33, being an aluminum cap properly marked on a 2 1/2" pipe in a mound of stones also being the Northeast corner of Lot 1 as described herein: thence N 87°47'50" W 469.45 feet along the North line of said NE1/4 SW1/4; thence S 16°04'00" W 615.08 feet; thence N 78°46'42" E 650.87 feet to the East line of said NE1/4 SW1/4; thence N 00°06'57" E 446.34 feet along said East line to the point of Beginning, Also known as: Lot 1 Bernklau Exemption According to the plat thereof recorded October 6, 1993 as Reception No. 453406 Less that portion conveyed in Instrument recorded December 30, 2024 as Reception No. 1003017 AM ER IC AN LAN D TI T L E ASSOC IAT ION American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 1 of 9 ALTA COMMITMENT FOR TITLE INSURANCE issued by COMMONWEALTH LAND TITLE INSURANCE COMPANY NOTICE IMPORTANT – READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I – Requirements; Schedule B, Part II – Exceptions; and the Commitment Conditions, Commonwealth Land Title Insurance Company, a(n) Florida corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Amount of Insurance and the name of the Proposed Insured. If all of the Schedule B, Part I – Requirements have not been met within 180 days after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1.DEFINITIONS a. “Discriminatory Covenant”: Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class. b. “Knowledge” or “Known”: Actual knowledge or actual notice, but not constructive notice imparted by the Public Records. c. “Land”: The land described in Item 5 of Schedule A and improvements located on that land that by State law constitute real property. The term “Land” does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. d. “Mortgage”: A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by electronic means authorized by law. e. “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. f. “Proposed Amount of Insurance”: Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each Policy to be issued pursuant to this Commitment. g. “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. h. “Public Records”: The recording or filing system established under State statutes in effect at the Commitment Date under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term “Public Records” does not include any other recording or filing AM ER IC AN LAN D TI T L E ASSOC IAT ION American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 2 of 9 system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or national security matters. i. “State”: The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term “State” also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam. j. “Title”: The estate or interest in the Land identified in Item 3 of Schedule A. 2.If all of the Schedule B, Part I – Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end. 3.The Company’s liability and obligation is limited by and this Commitment is not valid without: a. the Notice; b. the Commitment to Issue Policy; c. the Commitment Conditions; d. Schedule A; e. Schedule B, Part I – Requirements; f. Schedule B, Part II – Exceptions; and g. a counter-signature by the Company or its issuing agent that may be in electronic form. 4.COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company is not liable for any other amendment to this Commitment. 5.LIMITATIONS OF LIABILITY a. The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: i. comply with the Schedule B, Part I – Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II – Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. b. The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. c. The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. d. The Company’s liability does not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Condition 5.a. or the Proposed Amount of Insurance. e. The Company is not liable for the content of the Transaction Identification Data, if any. f. The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I – Requirements have been met to the satisfaction of the Company. g. The Company’s liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured. 6.LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. b. Any claim must be based in contract under the State law of the State where the Land is located and is restricted to the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured against the Company must be filed only in a State or federal court having jurisdiction. c. This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. d. The deletion or modification of any Schedule B, Part II – Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. AM ER IC AN LAN D TI T L E ASSOC IAT ION American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 3 of 9 e. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. f. When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy. 7.IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for closing, settlement, escrow, or any other purpose. 8.PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9.CLAIMS PROCEDURES This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6. 10.CLASS ACTION ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION. 11.ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is $2,000,000 or less may be arbitrated at the election of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. COMMONWEALTH LAND TITLE INSURANCE COMPANY P.O. Box 45023, Jacksonville, FL 32232-5023 By: Michael J, Nolan, President By: Marjorie Nemzura, Secretary AM ER IC AN LAN D TI T L E ASSOC IAT ION American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 4 of 9 Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment Condition 5.e.: Issuing Agent: Commonwealth Title Company of Garfield County, Inc. Issuing Office: 127 East 5th Street Rifle, CO 81650 Issuing Office’s ALTA® Registry ID: 1038730 Loan ID Number: Commitment Number: 2024-06-16 Issuing Office File Number: 2024-06-16 Property Address: 2956 County Rd 320, Rifle, CO 81650 Revision Number: 2 SCHEDULE A 1.Commitment Date: May 8, 2025 at 8:00 AM 2.Policy to be issued: (a) 2021 ALTA Owner's Policy Proposed Insured: Proposed Amount of Insurance:$ Policy Premium:$0.00 The estate or interest to be insured:fee simple (b) 2021 ALTA Loan Policy Proposed Insured: Proposed Amount of Insurance:$ Policy Premium:$0.00 The estate or interest to be insured:fee simple 3.The estate or interest in the Land at the Commitment Date is: fee simple 4.The Title is, at the Commitment Date, vested in: Diana Bernklau Casey 5.The land is described as follows: The land is described as set forth in Exhibit A attached hereto and made a part hereof. AM ER IC AN LAN D TI T L E ASSOC IAT ION American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 5 of 9 COMMONWEALTH TITLE COMPANY OF GARFIELD COUNTY, INC. 127 East 5th Street, Rifle, CO 81650 Telephone: (970) 625-3300 Countersigned by: Patrick P. Burwell, License #153719 Commonwealth Title Company of Garfield County, Inc., License #292895 COMMONWEALTH LAND TITLE INSURANCE COMPANY P.O. Box 45023, Jacksonville, FL 32232-5023 By: Michael J, Nolan, President By: Marjorie Nemzura, Secretary AM ER IC AN LAN D TI T L E ASSOC IAT ION American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 6 of 9 SCHEDULE B, PART I – Requirements All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. 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. 4. -This is an informational only commitment and no policy will be issued hereunder. AM ER IC AN LAN D TI T L E ASSOC IAT ION American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 7 of 9 SCHEDULE B, PART II – Exceptions Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document will be excepted from coverage. The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage of area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attached, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I—Requirements are met. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded on January 12, 1921 as Instrument #73928 in the official records 10. Right of way for ditches and canals in place and in use. 11. Right of way for County Road No. 320. 12. Oil, gas and mineral lease recorded on April 21, 1955 as Instrument #189300 in the official records and any and all interests therein or assignments thereof. 13. Oil, gas and mineral lease recorded on December 3, 1984 as Instrument #322134 in the official records and any and all interests therein or assignments thereof. 14. Terms, conditions and all matters set forth in Resolution recorded on January 7, 1985 as Instrument #358555 in the official records 15. Oil, gas and mineral lease recorded on January 6, 1987 as Instrument #377938 in the official records and any and all interests therein or assignments thereof. AM ER IC AN LAN D TI T L E ASSOC IAT ION American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 8 of 9 16. Terms, conditions and all matters set forth in Agreement recorded on April 23, 1992 as Instrument #434058 in the official records 17. Easements, rights of way, plat notes and all matters described and set forth on the Plat recorded on September 8, 1993 as Instrument #452167 in the official records 18. Easements, rights of way, plat notes and all matters described and set forth on the Plat recorded on October 6, 1993 as Instrument #453406 in the official records 19. Easement and right of way as described in document recorded on August 24, 2001 as Instrument #587005 in the official records 20. Terms, conditions and all matters set forth in Agreement recorded on September 10, 2002 as Instrument #610396 in the official records 21. Reservation of mineral rights more fully described in Deed recorded on June 2, 1994 as Instrument #464027 in the official records and any and all interests therein or assignments thereof. 22. Terms, conditions and all matters set forth in Notice of Election Not to Exercise Right of First Refusal Agreement recorded on December 30, 2024 as Instrument #1003016 in the official records 23. Reservation of mineral rights more fully described in Deed recorded on December 30, 2024 as Instrument #1003018 in the official records and any and all interests therein or assignments thereof. 24. Terms, conditions and all matters set forth in Boundary Line Adjustment Affidavit recorded on December 30, 2024 as Instrument #1003020 in the official records 25. Easements, rights of way, plat notes and all matters described and set forth on the Plat recorded on December 30, 2024 as Instrument #1003037 in the official records AM ER IC AN LAN D TI T L E ASSOC IAT ION American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 9 of 9 EXHIBIT “A” The Land referred to herein below is situated in the County of Garfield, State of Colorado and is described as follows: A parcel of land situated in the NE1/4SW1/4 Section 33, Township 6 South, Range 94 West of the 6th Principal Meridian, being more particularly described as follows: Beginning at a point on the North line of said NE1/4SW1/4, said point also being the NE corner of Lot 3 as described herein whence the Center quarter corner of said Section 33, an aluminum cap properly marked on a 2 1/2" pipe bears S. 87°47'50" E. 469.45 feet; thence N. 87°47'50" W. 333.41 feet along the North line of said NE1/4SW1/4; thence S. 04°10'43" E 445.10 feet; thence S. 39°30'36" W. 360.86 feet; thence S. 66°48'35" E 461.84 feet; thence N. 12°06'32" W. 307.17 feet; thence N. 16°04'00" E. 615.08 feet to a point of Beginning Also known as: Lot 3 Bernklau Exemption According to the plat thereof recorded October 6, 1993 as Reception No. 453406 Together with a parcel of land described in Special Warranty Deed recorded December 30, 2024 as Reception No. 1003018 AM ER IC AN LAN D TI T L E ASSOC IAT ION Casey Amended Plat 200 ft buffer notic list 10/29/2024 ParcelId PIN OwnerName OwnerAddress1 OwnerCityStZip Notice Notes R024431 2175 283 00 040 BUFFALO BASIN LTD PO BOX 1926 RIFLE CO 81650 n applicant R247127 2175 333 00 157 CASEY, DIANA BERNKLAU 2956 COUNTY ROAD 320 RIFLE CO 816509674 n applicant R024290 2175 332 00 113 GARRISON, LEWIS TODD 7892 COUNTY ROAD 309 RIFLE CO 81650 y R024313 2175 332 00 125 HARRIS, BRAD & JENNIFER LAVALLA 7894 COUNTY ROAD 309 RIFLE CO 81650 y R024314 2175 332 00 126 HARRIS, BRAD & JENNIFER LAVALLA 7894 COUNTY ROAD 309 RIFLE CO 81650 n two parcels R247126 2175 333 00 156 HENEAGE, TERESA 2968 COUNTY ROAD 320 RIFLE CO 81650 y R247161 2175 333 00 154 HILLTOP 2F2 RANCH, LLLP 2956 COUNTY ROAD 320 RIFLE CO 81650 n Related party R024494 2175 533 00 047 TEP ROCKY MOUNTAIN LLC PO BOX 330 GAINESVILLE TX 76241 y Glenwood Springs Branch 1322 Grand Avenue Glenwood Springs, Colorado 81601 Telephone: (970) 945-4444 Facsimile: (970) 945-4449 November 19, 2024 John Savage Re: Mineral Owners Letter To whom it may concern: We examined mineral reservations and subsequent transfers of any said interests as reflected in recorded documents in the Garfield County Clerk and Recorder’s Office and our title plant for the following parcel owned by Buffalo Basin Ltd. fka Buffalo Basin Limited Partnership: Township 6 South, Range 94 West of the 6th P.M.: Section 33: E1/2NW1/4, the part thereof located Southerly and Westerly of the centerline of County Road No. 320. As appears from the recorded documents in the Garfield County Clerk and Recorder’s Office we examined for the above described parcel, and subject to reservations, exceptions and conditions contained in the United States Patent, easements, rights of way, liens, encumbrances, rights of parties in possession, liens, if any, of mechanics and materialmen, zoning and subdivision regulations, and any state of facts which an accurate survey would disclose, title to the minerals was reserved to the following: Mineral Rights Owner Address as shown on the most recent recorded instrument or Assessor’s Site Rodney C. Power 2575 I-1/2 Road Grand Junction, Colorado 81505 Carrie A. Buhlman Richard O Power Living Trust 185 Sunset Hills Grand Junction, Colorado 81505 Elizabeth A. Batson Subtrust of the Milton and Elizabeth Batson Family Trust 5545 Edgewood Drive Holladay, Utah 84117 Trahern Energy LLC 715 Buckeye Court Rifle, Colorado 81650 Barrett Resources Corporation Delbarco, Inc.P.O. Box 781581 Wichita, Kansas 67278-1581 ABO Petroleum Corporation 207 South Fourth Street Artesia, New Mexico 88210 Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, Colorado 81650 Telephone: (970) 625-3300 Facsimile: (970) 625-3305 ￿ Page 2 November 25, 2024 TCPL Resources U.S.A. LTD.216 16th Street, Suite 100 Denver, Colorado 80202 Yates Drilling Company 207 South Fourth Street Artesia, New Mexico 88210 Estate of Martin Yates, III 207 South Fourth Street Artesia, New Mexico 88210 Lillie M. Yates 207 South Fourth Street Artesia, New Mexico 88210 Buffalo Basin Ltd. fka Buffalo Basin Limited Partnership P. O. Box 1926 Rifle, Colorado 81650 Although we deem this information to be reliable, is not to be construed as an abstract of title, nor an opinion of title, nor a guaranty of title, and the Companies’ liability is limited to the amount paid for the examination. The effective date of this title analysis is October 29, 2024. If you have any questions regarding this analysis, please contact me. Sincerely, Patrick P. Burwell Patrick P. Burwell