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HomeMy WebLinkAbout1.00 General Application MaterialsQuarter Circle 8 Ranch 1 Rural Land Development Exemption Application Submitted: February 11, 2019 prepared by / Western Slope di®* Consulting, LLC Land Use 1 Zoning 1 Community Planning & Design (970) 618-4708 1 davis@coloradoplanning.com P.O. Box 411 1 Carbondale, CO 81623 on behalf of Sarah McNulty (970) 963-4363 1 wendy@quartercircle8.com 7747 County Road 100 1 Carbondale, CO 81623 TABLE OF CONTENTS Page 1. Application Cover Letter 3 2. Project Description 4 3. General Application Materials (pursuant to Section 4-301.8.1) 5 ■ Applicant and Consultant Information ■ Application Form ■ Payment Agreement Form ■ Proof of Ownership ■ Names and Addresses of Adjacent Property Owners ■ Mineral Rights Ownership for the Subject Property ■ Letter of Authorization 4. Pre -Application Conference Summary 20 5. Vicinity Map (pursuant to Section 4-203.C) 29 6. Site Plan (pursuant to Section 4-203.D) 30 7. Grading and Drainage Plan (pursuant to Section 4-203.E) 32 8. Impact Analysis (pursuant to Section 4-203.G) 38 9. Improvements Agreement (pursuant to Section 4-203.K) 49 10. Traffic Study (pursuant to Section 4-203.L) 50 11. Final Plat (pursuant to Section 5-402.F) 60 12. Water Supply and Distribution Plan (pursuant to Section 4-203.M) 63 13. Wastewater Management and System Plan (pursuant to Section 4-203.N) 72 14. Compliance with Article 7 73 15. Compliance with Review Criteria (pursuant to Section 5-203.C) 88 16. Waiver Requests (pursuant to Sections 4-118 and 4-202) 91 17. Referral to the Colorado Geologic Survey 94 Appendix A 1 Lot 1 Soil Descriptions Appendix B 1 Drainage Calculations Appendix C 1 Supplemental Utility Information Appendix D Draft Easement Agreement Appendix E 1 Supplemental Maps & Reports 2 1. Application Cover Letter February 11, 2019 Mr. Glenn Hartmann Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Mr. Hartmann: I am pleased to submit this application for the Quarter Circle 8 Ranch Rural Land Development Exemption on behalf of Sarah McNulty. The property for this application is located approximately 7.5 -miles northeast of the Town of Carbondale. It is situated in the NW 1/4 of Section 4 and the NE 1/4 of Section 5, Township 7 South, Range 87 West, the 5E1/4 of Section 32 and the SW1/4 of Section 33, Township 6 South, Range 87 West, of the 6th Principal Meridian, County of Garfield, State of Colorado. The property is zoned Rural (R) and is located in a rural part of Garfield County. The property has historically been used for agricultural uses and is neighbored by rural residential and agricultural uses. Approval of this application will result in the subdivision of a +/- 10.03 -acre lot (Lot 1) from the +/- 196.99 - acre parent parcel (parcel #: 2189-333-00-037). Both the parent parcel and Lot 1 will remain zoned Rural (R). Lot 1 is intended for a single dwelling unit. Lot 1 has convenient access to/from County Road 113. There is an existing well on Lot 1 that will be used for domestic water needs. An on-site wastewater treatment system (OWTS) will be designed for, and constructed on, Lot 1. Lot 1 is intended to offer an "off the grid" living experience. Therefore, the property will be served by a solar energy system, propane or other appropriate fuel source not requiring the extension of utility lines, and wireless telephone and/or internet service. CenturyLink has the ability to provide service to the property if desired. This application conforms to the requirements for a Rural Land Development Exemption set forth in the Garfield County Land Use and Development Code. The proposed development is consistent and compatible with surrounding land uses and is substantially compliant with the Garfield County Comprehensive Plan. Our team looks forward to reviewing these materials with the County at the earliest convenience. After the submittal has been deemed complete, please schedule the application with the Garfield County Board of County Commissioners. If you have any questions, you may contact me at (970) 618-4708 or davis@coloradoplanning.com or my business partner, Matt Farrar, at (970) 618-1669 or matt@coloradoplanning.com. Sincerely, -,,,,./.,,, Principal 1 Western Slope Consulting, LLC 3 2. Project Description The McNulty family's roots in Garfield County date back to the 1880's. The McNulty family emigrated from Ireland and settled for a time in Leadville before heading to the Roaring Fork Valley. They operated two ranches, one at the base of Cottonwood Pass and another along the banks of the Roaring Fork River. The original McNulty's had three sons including Gary McNulty's (the applicant's late husband) father John McNulty. John McNulty acquired a ranch along Cattle Creek in the 1920's. Gary worked with his father but also accumulated adjacent ranch land on his own. At one point, their holdings topped 2,500 acres. The "Northwest Pasture" property (i.e., the subject property) was once contiguous with the rest of the ranch but became isolated after some parcels were sold off. The property was used historically as spring and fall pasture for the ranch's cattle. However, currently it is managed as a safe haven for wildlife. No crop cultivation or production occurs on the subject property and no water rights associated with it either. No intact historic structures exist on the property. There are also no oil and gas activities on the subject property. Much of the Northwest Pasture (+/- 187 out of the total +/- 196.99 -acre parcel) has been protected with conservation easements granted to the Aspen Valley Land Trust (AVLT). Protection of the property helps to preserve the rural and agricultural nature of this part of Garfield County and minimizes the potential impacts that could result from of substantial development in this area. In addition, the conservation easements have resulted in the preservation of the wonderful rural views that people travelling on CR - 113 enjoy as they enter the County. In working with AVLT, the applicant, Sarah McNulty, worked to set aside a select number of small portions of the Northwest Pasture in anticipation of creating lots to be sold and developed with low density residential development, in accordance with the community's vision for this part of Garfield County. Accordingly there are a few areas not encumbered by the conservation easements. Refer to the map included in Appendix E of this application. The proceeds from the sale of these lots will help to support the McNulty family's long-standing ranching operations that are still very much active in the Cattle Creek Valley. One part of the Northwest Pasture set aside by the applicant is the 10 -acre area that is to be subdivided with the approval of this application for a Rural Land Development Exemption. This 10 -acre lot (Lot 1) is to be sold and developed with a single dwelling unit, as permitted under the Rural (R) zone district. The vision for Lot 1 is to offer the future lot owner(s) an "off the grid" living experience in hopes of reducing the potential aesthetic and financial impacts resulting for the extension of utility lines to the property, as well as an effort to minimize the long-term financial and environmental impacts associated with use of non-renewable energy sources. Therefore, Lot 1 is to be served by: (1) an on-site well (already permitted, constructed and tested); (2) an on-site waste water treatment system (OWTS); (3) a solar energy system; (4) propane or other appropriate fuels source not requiring the extension of utility lines; and, (5) wireless telephone and/or internet service. The proposed lot offers terrific views of Mt. Sopris, the Elk Mountain Range and the Shippees Draw and Cattle Creek Valleys. An analysis of Lot 1 identified roughly 3 -acres that that could be well-suited for construction of a residence and thus, offers several options for a building site on the property. Ultimately, approval of this application accomplishes many of the goals and objectives of the County's Comprehensive Plan 203 and creates another opportunity for someone call Garfield County their home. 4 3. General Application Materials (pursuant to Section 4-301.8.1) Applicant and Consultant Information Property Owner/Applicant Sarah McNulty 7747 County Road 100 Carbondale, Colorado 81623 (970) 963-4363 wendy@quartercircle8.com Planner/Authorized Representative Project Land Surveyor Davis Farrar & Matt Farrar 1 Western Slope Consulting, LLC P.O. Box 411 Carbondale, Colorado 81623 (970) 618-4708 davis@coloradplanning.com Alan Vanpelt 1 Alan's Land Surveying 2371 S. San Miguel Drive Grand Junction, Colorado 81507 (970) 241-7198 I (970) 623-0741 arvanpelt@bresnan.net Note Please note that use of the term "Section" in this application is in reference to applicable Sections of the Garfield County Land Use and Development Code. 5 Application Form ReGarfield Count). Community Development Department 108 8' Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.itarfield-countv.com TYPE OF SUBDIVISION/EXEMPTION © Minor Subdivision Major Subdivision O Sketch ❑ Preliminary ❑ Final Conservation Subdivision O Yield 0 Sketch ❑ Preliminary 0 Final ❑ Time Extension INVOLVED PARTIES Owner/Applicant Name; Sarah McNulty DIVISIONS OF LAND APPLICATION FORM ❑ Preliminary Plan Amendment O Final Plat Amendment O Common Interest Community Subdivision ❑ Public/County Road Split Exemption El Rural Land Development Exemption Mailing Address: 7747 COunty Road 100 city: Carbondale Phone: ( 970 )963-4363 mail. wendy@quartercircle8.com State: CO lip Code: 81623 Representative (Authorization Required) Name: Davis Farrar and Matt Farrar Phone: ( 970 ) 618-4708 Mailing Address: PO Box 411 City: Carbondale State: CO zip Code: 81623 E -mall: davis@coloradoplanning.com PROJECT NAME AND LOCATION Project Name: Quarter Circle 8 Ranch Rural Land Development Exemption Assessor's Parcel Number: 2 1 8 9- 3 3 3_ 0 0- 0 3 7 Physical/Street Address: Not Applicable Legal Description: Tract of land situated in the NW 1/4 Sec. 4 and NE 1/4 Sec. 5, T7S, RS7W, the SE I!4 Sec.32 and the SW1 (4 Sec.33, T6S, R87W, or the 61h Principal Meridian,Couniy or Garfield. State or Colorado zone District: Rural (R) Property Size (acres): +/- 196.99 Project Description Existing Use: n un u:e .cane hnd) Proposed Use (From Use Table 3-403): Dwelling, Single -Unit Description of Project: The Quarter Circle 8 Ranch Rural tend Development Exemption (ALOE) will subdivide a +/- 10.03 -acre tot (1.e_, Lot I) Irom a larger M- 196 99 -acre parcel (parcel / 2189.333-00-0371. Bulb Lel 1 end the larger parcel will remain zoned Rural IRI 1111 1 1s intended for a single dwelling unit Lot 1 has convemenl access to/tmm County Road 113 There Is an existing well on Lel 1 that will be used for demesltc waler needs. An en-slle waslewater treatment system (OWTS( will be designed for, and. conSbucled on Lot 1 050 prn[rre 1101 M overload 1a all°,'n11 Ihe! 1C I.eor ThrwIra,, arrpono and n molar 1'5 hyshan ow 10 CB Sooee Iron Cenhayll h 5 avadetxa. 11 so aesava Proposed Development Area Land Use Type q of Lots Si of Units Acreage Parking Single Family l 1 rh 10.03 2spaces Duplex Multi -Family Commercial Industrial Open Space Other Total 1 1 +r- 10.03 2 spaces REQUEST FOR WAIVERS Submission Requirements 0 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: section: 4-203 Section: Section: T-106 Section: Waiver of Standards 0 The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: 7-107 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. CICArif SlL f` KFC Signature of Property Owner OFFICIAL USE ONLY February 8, 2019 Date File Number: Fee Paid: $ 7 Payment Agreement Form LCGarfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") Sarah McNulty agree as follows - 1. The Applicant has submitted to the County an application for the following Project: Quarter Circle 8 Ranch Rural Land Development Exemption 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it 1s not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: ailing Contact Person: Sarah McNulty Phone: ( 970 (963-4363 Baling Contact Address: 7747 County Road 100 City: Carbondale State: C'° Zip Code: 81623 Billing Contact Email: wendy@quartercircle8.com Printed Name of Person Authorized to Sign: Sarah McNulty L( February B, 2019 (Sign urel IDatel Proof of Ownership The property is owned by Sarah Lillian McNulty. Proof of ownership is evidenced by a Warranty Deed recorded with the office of the Garfield County Clerk and Recorder on September 1, 1993 (Reception #: 451933). A copy of the Warranty Deed is found on the following pages. 9 Warranty Deed for the Subject Property FROM : Panasonic TAD/FAX PHONE NO. : Apr. 27 1999 03;33Pf1 P02 — , eoa����!'xLf ��� o SFP U 't., 1493 • RECORDED A# [/3G g'�EOGK}:M. SEP 4 1 3 B60K�,fABfJ�J REG R ��9 N1lORpD III,SDDRfi� C U r 6LERIi i £; 4D31d3 •�" 6icde floc. Foe 4.; A1�60519r Recorded at l' 5'0 o'clock M. J• 45015 _ i Reception No. WARRANTY DEED �t cn: THIS DEED, :made this day of 1 , 1993, betwai/aittY KEITH NGNVLTY a/k/a GARY X. McN1TLTY, "G or," and SARAH LILLIAN zlcNULTY, whossa addrsaa is 7747 County Road 100, Carbondale, Coltrade, 81623, "Grantee": W7TN86RETH, That the said Grantor, for and in consideration of the BUD of Tan Dollars and other good and valuable consideration to the Grantor in hand paid by the Grantee, the raaeipt whereof is< hereby acknowledged, has granted, bargained, scold and conveyed, and m by these presents does grant, bargain, na11, oonvsy and confirm, 4 unto the Grantee, her heirs, personal repreaentativas, saucoasaora and assigns forayer, all the following dexacribed lots or parcels of land, situate, lying and being in Garfield County, Colorado, to wit: P Tawnahin 5 aoUth. Range Q7 West, 6th P.M. 4 Section 32: 0 1/2 8E 1/4 o Section 33: 6W 1/4 SW 1/4 R Township 7 South. Range 87 West, ath P.M. Section 4: Lot 4 Section 5: Lots 1 and 2 a County of Garfield, State of Colorado. Recorder LVJP,' TOGETHER with all and singular the henreditaments and appurtenances thereto balnnging, 0i in anyviaa appertaining, and the reversion and reversions, ramaindar and rsmainaoro, rents, ieauea and profits tbereoft and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained practises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said pros ices above bargained and described, with the appurtanancos, unto the Grantee, her heirs, personal representative*, suocassora and assigns forever. And the Grantor, for himself, does covenant, grant, bargain, and agree to and with the Grantee, her heirs, personal representatives, successors and assigns forever, that at the time of the enaealing and dalivary of these presents, he is well seized of this promises above conveyed, as of good, :sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and hava good right, full power and lawful authority to grant, bargain, sell and convey the sane in canner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, asaassrneants and enounbrafQGe of whatever kind or nature, EXCEPT: 10 -- FROM : Panascnsc TRD/FFP( PH[3NP NO. Rpr. 27 1996 03:33PM P03 BooKLJS74 ra;si 162 'c 1741 434 I. Real property taxes for 1993 due and payable in 1994; 2. Sub act to any vested and accrued water rig tte . for mining, agr1cultural, manufacturing or other purposes and rights to ditches and reservoirs used in connection with such water rights, as may be rscogniaed and acknowledged by the local cuatoma, laws and decisions of courts; and there is reserved from 'tits lands hereby granted, a right of way thereon for ditches or canals as constructed by the authority of the United States. Excepting and reserving, however, to the United States all the anal and other minerals in the lands no entered and patsntad, together with the right to prospect for, Mine and remove the same pursuant to the provisions and limitationa of the Act of December 29, 1916 (39 stat. 862). Reserving unto The United States, its permittee or licensee the right to enter upon, occupy and nae any part or all of that portion of the Northeasat Quarter of tho Southwest Quarter of said Section Seven lying within SO feet of the center lins of the transmission line right of way of the Centra. Colorado Power Company, for the purposes provided in the Act of Juno 10, 192o (41 Stat. 1063) and subject to the conditions and limitations of Section 24 of said Act, as amended by the Act of August 26, 1435 (49 Stat. 546). 3. Easement and right of way for County Road 113. 4. Easement and right of way for a5hippeas Draw Creek. and the above bargained premises in the quiet and peaoeable possession of the Grantee, her heirs, personal representatives, successoraa and avaigno forever, against all and every paraon or persons lawfully Claiming or to claim the whole or any part thereof, the Grantor shall and will WARRANT AND FOREVER DEFEND, IN WITNESS WHEREOF, the Grantor has her: to set his hand and seal the day and year firsts bovs writt Ras,s a� , r>r RI ,�` f .- nary Keith McNulty aftia Crary K. McNulty - 2 -- e, Nyik4 FROM : Panasonic TAO/FAM STATL OF COLORADO, COUNTY OF PHONE NO. : Apr. 27 1998 03:34PM PO4 0000874 Pace 163 Bog 8711,461435 1b3 iA The for warranty Deed was acknowledged before 1p# this day of , 1993 byAcary Keith McNulty a/k/a Gary K. J4cNulty, NITN288 my hand and official my commission axpireae ae \MoNulty. llor J /14 Rc ss oclk . rpror a / ci , meal. /�fc's 14-17t1 - 3 - 12 List of Adjacent Property Owners The records of the Garfield County Assessor identify the following owners of record for properties within 200 -feet of the subject property. This list is current as of February 4, 2019. Table 1. Owners of Record within 200 -feet of the Subject Property Parcel Number Account Number Owner Mailing Address Physical Address 1 218933300036 R050274 BACON, DEAN A 2 218932100032 3 239105200255 4 218933301002 R050289 R111904 COULTER CREEK VALLEY RANCH LLLP R008225 COULTER CREEK VALLEY RANCH LLLP HAYDEN, WENDY S. 5 239104200217 R050256 HOLMES, ROBERT III 6 218933300037 R050291 MCNULTY, SARAH L. 7 218932400030 8 218932400038 9 218932400040 R050225 R050292 R083511 PETERSON, JAMES D. & HENSLEY R. RESTIVO, CHARLES W M RESTIVO, CHARLES W M 10 239104200249 R006617 SHIPPEES DRAW LLC 11 239105100232 R050271 SUNSHINE, JOSH & BRANDY FAMILY TRUST JOSH M & BRANDYJ COTRUSTEES 10089 COUNTY RD 113 CARBONDALE, CO 81623 PO BOX 1714 ASPEN, CO 81612-1714 PO BOX 1714 ASPEN, CO 81612-1714 PO BOX 1556 CARBONDALE, CO 81623 4425 PONCE DE LEON BLVD. 5TH FLOOR MAILROOM CORAL GABLES, FL 33146 7747 COUNTY ROAD 100 CARBONDALE, CO 81623 PO BOX 1714 ASPEN, CO 81612-1714 PO BOX 1251 CARBONDALE, CO 81623 PO BOX 1251 CARBONDALE, CO 81623 7747 COUNTY RD 100 CARBONDALE, CO 81623 PO BOX 2870 GLENWOOD SPRINGS, CO 81602 13 10089 COUNTY RD 113 CARBONDALE, CO 81623 723 COUNTY RD 121 GLENWOOD SPRINGS, CO 81601 Not available CARBONDALE, CO 81623 9995 COUNTY RD 113 CARBONDALE, CO 81623 10080 COUNTY RD 113 CARBONDALE, CO 81623 Not available CARBONDALE, CO 81623 Not available CARBONDALE, CO 81623 Not available CARBONDALE, CO 81623 Not available CARBONDALE, CO 81623 9200 COUNTY RD 113 CARBONDALE, CO 81623 Not available CARBONDALE, CO 81623 Mineral Rights Ownership for the Subject Property A Mineral Assessment Report (MAR) performed by Rare Earth Science, LLC in October of 2014, a Title Commitment performed by Land Title Guarantee Company in January of 2016, research of public information on the Colorado Oil and Gas Conservation Commission's (COGCC) website in February of 2019 and correspondence with Ms. Rachel Vaughn (Land Law Examiner) from the Bureau of Land Management - Colorado Office in February of 2019 by Western Slope Consulting, LLC indicate that the mineral rights owners for the subject property are: Table 2. Mineral Rights Ownership for the Subject Property Owner Mailing Address Type of Mineral Rights 1 UNITED STATES GOVERNMENT 2 MCNULTY, SARAH L. BUREAU OF LAND MANAGEMENT COLORADO STATE OFFICE 2850 YOUNGFIELD STREET LAKEWOOD, CO 80215 7747 COUNTY ROAD 100 CARBONDALE, CO 81623 Subsurface mineral rights Surface mineral rights A copy of the information found on the COGCC's website is provided below. Relevant excerpts from the October 2014 MAR and the January 2016 Title Commitment can be found on the following pages. Map 1. Excerpt from COGCC Online Mapping Tool BLM Subsurface Rights Mineral: All Minerals 14 Mineral Assessment Report (MAR) prepared by Rare Earth Science, LLC October 9, 2014 RARE EARTI-I SCIENCE www .rareearth5cience.cam Sarah L. McNulty 7747 County Road 100 Carbondale, Colorado 81623 Re: Mineral Assessment Report Update McNulty — Northwest Pasture Conservation Easement Property Garfield County, Colorado Dear Wendy: At the request of Aspen Valley Land Trust, Rare Earth Science, LLC (Rare Earth) has completed this Mineral Assessment Report (MAR) update for your Northwest Pasture conservation easement (CE) property located northeast of Carbondale, Colorado (hereafter, "Site"). The Site encompasses portions of Sections 32 & 33, Township 6 South, Range 87 West (6th Principal Meridian) and Sections 4 & 5, Township 7 South, Range 87 West (6'h Principal Meridian). A map depicting the McNulty CE parcels is also attached, Rare Earth originally completed a MAR (dated April 11, 2009) for the Site and other McNulty - owned lands, which concluded that "the probability of surface mining occurring at the Site is so remote as to be negligible," for purposes of future CE conveyances. Rare Earth also prepared a MAR update letter (dated September 28, 2010) that reached the same conclusion. For this MAR update, Rare Earth reviewed State and Federal databases for mining and drilling information (obtained from the U.S. Bureau of Land Management [BLM]; the Colorado Oil & Gas Conservation Commission [COGCC]; and the Colorado Division of Reclamation, Mining and Safety [DRMS]) for the Site and surrounding area. The BLM Mineral Management Status Map (Carbondale, 2008) indicates that the Federal government has reserved the rights to "all minerals" at a majority of the Site. No proposed or recently -permitted oil and/or gas wells (or seismic operations) were identified in the COGCC database for the Site and surrounding lands. That part of the Site, and adjoining lands, with Federal oil & gas subsurface rights were not included in BLM's most recent (February 13th and June 12th) competitive oil & gas lease sales; nor are these lands included in the upcoming November 13th lease sale. And, no recent mining permits or new/proposed mining operations for sand & gravel, volcanic cinders, gypsum, gold, uranium, coal, clay, etc, were identified in the DRMS database at the Site or adjoining lands. PO Box 222 GunNhson, Coloxado 81230-0222 1970.641 , 1 144 jim@ludo Haikuitnct.i.om 15 Mineral Assessment Report Update: McNulty — Northwest Pasture Conservation Easement Property (Garfield County. CO) October9, 2014 Page 2 of 2 This letter serves as a current update to Rare Earth's April 2009 MAR. We conclude that no significant changes have occurred; therefore, the probability of surface mining occurring at the McNulty — Northwest Pasture CE property is so remote as to be negligible. Please contact me at 970/641-1144 if you require further information. Respectfully Submitted, Rare Earth Science, LLC James C. Armstrong Principal Geologist cc: S Stephens (AVLT) Attachment • Boundary Map 16 RARE I:AR1li SCIENCE Excerpts from Title Commitment performed by Land Title Guarantee Company Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: GC63008822-4 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8- RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 13, 1963, IN BOOK 354 AT PAGE 543. 9. ALL THE COAL AND OTHER MINERALS IN THE LANDS SO ENTERED AND PATENTED. TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE AND REMOVE THE SAME PURSUANT TO THE PROVISIONS AND LIMITATIONS OF THE ACT OF DECEMBER 29, 1916 (39 STAT 826) AS RESERVED IN PATENT RECORDED DECEMBER 13, 1963 IN BOOK 354 AT PAGE 543. 10. EASEMENTS AND RIGHTS OF WAY FOR DITCHES AND CANALS AS SET FORTH IN THE MAPS AND STATEMENTS FOR: LANDIS CANAL RECORDED MAY 13. 1959 AS RECEPTION NO. 205365, THE MCNULTY DITCHES 1 & 2 RECORDED JULY 19, 1888 AS RECEPTION NO. 7298 AND WATERS COULTER CREEK DITCH AND VON SPRINGS RESERVOIR NOS. 1 & 2 RECORDED JULY 29, 1899 AS RECEPTION NO. 21910. 11. (ITEM INTENTIONALLY DELETED) 12. EASEMENTS AND RIGHTS OF WAY FOR ROADS, STREETS, HIGHWAYS, DITCHES, CANALS, PIPELINES AND UTILITY LINES AS CONSTRUCTED AND IN PLACE. 13. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN DEED OF CONSERVATION EASEMENT RECORDED JUNE 26, 2009 UNDER RECEPTION NO. 770157, 14 TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN ACCESS 17 LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION Land Title DISCLOSURE STATEMENTS —?ni,e rar:-- Nole: Pursuant to CRS 10-11-122, notice is hereby given that: A) The Subject real property may be located in a special taxing district. B) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property) C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph G of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed'. Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owners Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule 8-2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un -filed mechanic's and material -men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owners policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas. other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10.1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. 18 Letter of Authorization SARAH LILLIAN MCNULTY September 26. 2018 Mr. Claire Dalby Ga-lield County Community Development 108 8th Street, Suite 401 Glenwood Springs. CO 81601 Dear Ms. Dalby: I am the owner of property in Garfield County identified us parcel 4 2189-333-00-037. 1 hereby consent to and authorize the processing of a Subdivision Exemption Application with Garfield County Colorado, Further. 1 authorize Davis Farrar and Matt Farrar of Western Slope Consulting LLC. Carbondale, Colorado. to serve as my representatives for purposes of processing the land use application before Garfield County. CO. Yours truly. sT&A/41( \L1/4. - Sarah "Wendy" Mc Nulty 7747 County Road 100 - Carbondale, Colorado 81623 - 970-963-4363 19