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01. General Application Materials & NTC Response
Dunlap Minor Subdivision 591 CR 259 Rifle, Colorado Prepared for: Joy Dunlap 2233 W. Poinsettia Dr. Phoenix, AZ 85029 Engineer: Nathan Bell, P.E. Bell Consulting LLC P.O. Box 8 Rifle, CO 81650 970/948-3153 nbell@bellconsultingllc.com Surveyor: Michael Langhorne Bookcliff Survey Services Rifle, CO 81650 970/625-1330 ml@bookcliffsurvey.com Garfield County Community Development Department 108 8t" Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION o 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 INVOLVED PARTIES Owner/Applicant Name: 591 County Road 259 LLC Phone: (602 ) 622-1248 Mailing Address: 2233 W. Poinsettia Dr. City: Phoenix State: AZ Zip Code: 85029 E-mail:joy@dunlapla.com Representative (Authorization Required) Name: Joy Dunlap Phone: ( 602 ) 622-1248 Mailing Address: 2233 W. Poinsettia Dr City: Phoenix State: AZ Zip Code: 85029 E-mail:joy@dunlapla.com PROJECT NAME AND LOCATION Project Name: Dunlap Minor Subdivision Assessor's Parcel Number: 2127 _ 331 - 00 - 289_ Physical/Street Address: 591 County Road 259 Legal Description: Lot 3 Jewell Exemption. SE1/4NE1/4 Sect 33, TS 5S, Range 92 W of the 6th P.M. Zone District: Rural Property Size (acres): 24.41 acres Project Description Existing Use: Rural residential and agricultural Proposed Use (From Use Table 3-403): Rural single family residential and agricultural Description of Project: The proposed Dunlap Minor Subdivision generally consists of the creation of three residential lots from an existing 24.41 -acre lot. The property is zoned Rural and is located about 3.6 miles west-northwest of Silt. The property is rural and agricultural in nature with a low ridgeline running roughly north -south through the property with approximately one-third of the property to the west and two-thirds to the east of the ridge. The existing residence is in the northeast part of the property and will be on proposed Lot 3; anticipated to be approximately 5.435 acres. Lot 2 is south of Lot 3 and to be approximately 10.224 acres. Lot 1 is proposed for the westem approximately 8.752 acres, west of the ridge. Proposed Development Area Land Use Type # of Lots # of Units Acreage Parking Single Family 3 3 24.41 9 Duplex Multi -Family Commercial Industrial Open Space Other Total REQUEST FOR WAIVERS Submission Requirements D The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: 4-203.M(5)(a) = drilling wells Section: Section: 4-203.M(5)(c) = water quality test Section: Waiver of Standards EI The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: 7-107-F= Lot 3 concrete apron Section: Section: 7-106.C.1= underground power 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. Signaturperty Owner OFFICIAL USE ONLY File Number: 2�7.J/ Date Fee Paid: $ 1111 lOrdMki4 IA 1,1,11 It k' V141" iilkY111111 Reception#: 917376 02/19/2019 01:03:03 PM Jean Rlberico 1 of 1 Rec Fee:$13.00 Doc Fee:0.00 GARFIELD COUNTY CO DIVISION 1. GENERAL FORMS SECTION 1-01. STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of 591 County Road 259 LLC a Limited Liability Corporation (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and stales as follows: The name of the Entity is 591 County Road 259 LLC and is formed under the laws of Colorado The mailing address for the Entity is 2233 W. Poinsettia Dr. Phoenix, Arizona 85029 The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is Joy Dunlap Managing Member The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): None Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED this i Z day of roB R , 20 / 9 Signature: ` U ' Name (printed): Joy Dunlap Title (if any): Managing Member STATE OF /11,--; )SS. COUNTY OF jyt e f, cop, ) The foregoing instrument was acknowledged before me this /2 - f< day of re ^uc. t y , 20/9 by --1(.7./ , A a, /, f , on behalf of .s91 Cr, �,-i-/ dio/2 S 1 LLC , a 40-(4 (: e- L, (,' f :•Y? . Witness my hand and official seal. My commission expires: f;�-�� �ZL (Date) (Notary Public) 1 1111 Mink' 111111 Reception#: 915114 12/11/2018 01:39:19 PM Jean Alberico 1 of 1 Pec Fee:$13.00 Doc Fee:0.00 GARFIELD COUNTY CO DIVISION 1. GENERAL FORMS SECTION 1-01. STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of ALithority on��behalf of 611 c dAny Ro40 25'1 w a Lt»wr� L�A$,wry orporatibrh, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and stales as follows: The name of the Entity is 7 t CzwAJ7V71)4O 2S Ltse- and is formed under the laws of t-01412141 The mailing address for the Entity is 2 z 3 . W I Po iNSil;1T- (Aa»+Z, pao; J IK at SS -40 7-1 The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is Jot/ D it -a o /.#2 Q PAI The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): AJONF_ Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED this 1 day of DELE-01 E , 20 le). Signature: CA -7` Name (printed): JeY ! iyarAP Title (if any): P,2/N[ STATE OF V\ ` r c r\Cti ) )SS. COUNTY OF '(`000( co pc, ) The f regoing instrument was acknowledged before me this t day of Of C (YY\ VX V , 20 1' by JQ' l, n rif 04,'�Y1 f C1 , on behalf of SCI 1 COLA t kj LoC �1 75q f LC. a t_) it-eC L1 CO, )I 1 ' niva I9 y � Witness my hand and official se 1. -1 My commission expires: C� `-U D ' L0 22 (Date) (Notary Public) f )2/O1/20f$ [SEAL] 1 SECTION 2-03. PAYMENT AGREEMENT FORM Payment Agreement Form GARFIELD COUNTY (hereinafter COUNTY) and 511 .o z.rrj Rookt 251 mac. Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for Mian S �t3t ____5t O1J (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. Joh DvivLs}?titic•P4L Print Name Mailing Address: 2-Z. 3 3 N.•••J, Pet ►S6ETri, D2 p•k to rA' 1 c. A � Sa2 E -Mail Address: Phon er: Signatur-/ / A- ,Joi bgiN«cPC.4. GG4& 0t- G22 • 12`{8 2. 7•i� Date Garfield County Community Development Department 108 8t' Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2127-331-00-290 PROJECT: Dunlap Minor Subdivision OWNER: Dunlap Survivors Trust (Joy Dunlap) DATE: 5/8/2018 PRACTICAL LOCATION: The site is located between the City of Rifle and Town of Silt approximately 1.75 miles north of Highway 6. The address is 591 County Road 259 Silt, CO 81652. TYPE OF APPLICATION: Minor Subdivision ZONING: Rural (R) I. GENERAL PROJECT DESCRIPTION The Applicant owns 24.41 acres of property and desires to subdivide it into 3 lots. The parcel was created by exemption in 1998. The proposal is to create one 8.7 acre on the west side of the property and one 10.25 -acre lot in the center for future development, leaving a 5.46 -acre eastern lot where a modular home currently exists. New domestic wells and new onsite waste water treatment systems (OWTS) would serve the two new lots. A shared driveway accessing off CR -259 to serve the new lots is also proposed. The remainder lot and existing residence is served by an existing exempt well, existing OWTS, and existing access driveway. The Applicant is encouraged to contact Dwight Whitehead at the Division of Water Resources to assess options for a legal supply of water for the new lots. A well permit, pump test and water quality test will be required for each lot. Submittal waivers may be requested to delay the testing to occur as a condition of approval. The possibility of an engineered septic system for the new lots was discussed due to the high water table in the area. Submittal requirements, processing procedures, and Article 7 standards were all discussed. The potential for waiver requests was covered along with the need to address the waiver criteria and include technical support for the request. II. COMPREHENSIVE PLAN - ZONING The property is designated Residential Medium High (R -MH) with a density recommendation of 2 to < 6 acres per dwelling unit. The Application should address the proposal's compliance with this density recommendation. III. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The following Sections of the Garfield Land Use and Development Code are applicable to the proposed application: • Section 5-301 Minor Subdivision • Table 5-103 Common Review Procedures and Required Notice • Section 5-401 and Table 5-401 Submittal Requirements including preliminary engineering reports for Access, Sanitation, Groundwater Drainage, and any preliminary cost estimates. • Section 5-402 Description of Submittal Requirements including Final Plat • Section 4-103 Administrative Review (public notice) • Section 4-203 Description of Submittal Requirements (as applicable) • Provisions of Article 7, Articles 1, 2, 3 and 4, as applicable including site planning and subdivision standards. • Section 4-202, Submittal Waivers and Section 4-118, Waivers from Standards as applicable or needed. IV. SUBMITTAL REQUIREMENTS As a convenience outlined below is a list of additional information typically required for this type of application: General Application Materials o Signed Application Form o Signed Payment Agreement Form and application fees o Proof of ownership (copy of deed, title work) and information on any lien holders. Be advised that County Attorney may request an opinion letter from an attorney in regard to the status of the Trust. o A narrative describing the request and related information o Names and mailing addresses of properties within 200 feet of the subject property o Mineral rights ownership for the subject property (demonstrated through a search of Clerk and Recorders database and/or Assessor database, memo attached). o If owner intends to have a representative, a letter of authorization to represent is needed. A copy of the Pre -application Summary needs to be submitted with the Application. Vicinity Map including areas within approximately 3 miles. Site Plan and related information (some may be shown on the proposed plat) including topography, existing improvements, infrastructure, irrigation ditches, and significant features. The site plan should include improvement location information adequate to confirm that no nonconforming conditions will result from the proposed subdivision. The Proposed Minor Subdivision Plat showing the proposed lot lines, all easements and required certificates. Water Supply Plans needs to include details on legal water (well permit and/or draft contracts with Water Conservation Districts), well production tests, and water quality tests. Should the Applicant wish to delay drilling of the new well as a condition of approval, waiver requests are needed. Waste Water Treatment Plan needs to address any constraints including soils and demonstrate feasibility of installing OWTS on the proposed lots. County permits for the existing system need to be provided. Information as applicable to demonstrate compliance with provisions of Article 7 (including provision of utility services, water, sanitation, access, soils, geology, topography and hazard review/mitigation). Application formatting that addresses each section of Article 7 is recommended. Referral to the Colorado Geological Survey is also required with an additional referral fee. Waiver requests from submittal requirements or standards need to be included in the submittals and the waiver criteria clearly addressed (Sections 4-118 and 4-202). V. REVIEW PROCESS The review process shall follow the steps contained in Table 5-103 and Section 4-103 for an Administrative Review including: • Pre -Application meeting • Submittal of Application (3 hard copies & one copy on flash drive/CD) • Completeness Review • Additional Submittals if determined to be incomplete • Setting a date for the Director's Decision • Provision of additional copies of the Application for referrals • Public Notice to Property Owners within 200 ft. and mineral rights owners of the Applicant's property • Director's Decision • 10 Day Call-up Period • Finalizing the Minor Subdivision Plat and any required conditions • Circulation of the plat for Applicant & Other Signatures • Board of County Commission Signing the plat as a consent agenda item. The Application may be called up for review by the Director and the Board of County Commissioners or the Applicant and any affected Adjacent Property Owner can request a Call -Up for review by the Board in accordance with the procedures and review process contained in Section 4-112. Public Hearing(s): Referral Agencies: X Directors Decision (with public notice) _ Planning Commission _Board of County Commissioners _ Board of Adjustment May include but are not limited to: Garfield County Surveyor, Garfield County Road and Bridge Department, Garfield County Consulting Engineer, Garfield County Vegetation Manager, Colorado Geological Survey, Colorado River Fire Rescue District, Colorado Parks and Wildlife. VI. APPLICATION REVIEW FEES Planning Review Fees: $400 Referral Agency Fees: $tbd ($600 Colo.Geological Survey - others tbd) Total Deposit: $400 (additional hours are billed at hourly rate of $40.50) VII. GENERAL APPLICATION PROCESSING The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal. Pre -application Summary Prepared by: 5/8/2018 Claire Dalby, Planner Date Garfield County Community Development Department BELL CONSULTING, LLC. PO Box 8 Rifle, CO 81650 Ph. 970-948-3153 February 7, 2019 Claire Dalby - Planner Garfield County Community Development Department 108 Eighth St, Ste 401 Glenwood Springs, CO 81601 RE: Dunlap Minor Subdivision — Garfield County, Colorado. Responses to the "Completeness Review Dunlap Minor Subdivision (File No. MISA-11- 18-8693) provided November 16, 2018 by Claire Dalby -Planner, Garfield County Community Development Department. 1. Please have the submitted statement of authority form recorded with the Garfield County Clerk and Recorder. The ownership of the property has been modified and all appropriate forms recorded. 2. Please provide a Trust Certification letter from an attorney certifying that the attorney reviewed the trust, the date the trust was created, which state it was created in, current trustees and that the trust is still in effect. The ownership has been modified out of a Trust. 3. In order to verify ownership, please provide the deed and current title work for the property. - Attached. 4. Please provide a list of surrounding property owners within 200 feet (attached). - Included herein. 5. Please provide an explanation as to how County records were searched to determine the mineral owners of the property (memo attached). The mineral owner of record is Lee Roy Urban and Tammy Lorraine Jewell as indicated on a `Personal Representative's Deed". The deed is attached to this submittal. The deed was found as part of the Title Commitment and verified by a search of the Clerk and Recorder's information. We also reviewed County Assessor records. 6. Please submit a completed payment agreement form (attached). - Included herein 7. Please provide a check for the required Colorado Geological Survey Submittal review. Garfield County Community Development will submit the check and completed form to Colorado Geological Survey once the application is deemed technically complete. - Included herein 8. Please provide a statement addressing whether or not the existing and proposed driveways meet the roadway standards described in Table 7-107, Roadway Standards of the Land Use and Development Code, for a Primitive Driveway. If the existing driveway does not meet these standards, you may choose to either upgrade the driveway to meet those standards, or submit a Roadway Waiver pursuant to Garfield County Community Development Policy 01 - Response — File No. MISA-11-18-8693 - Dunlap Minor Subdivision 14 (attached). The proposed driveway accessing Lots 1 and 2 will be constructed with an asphalt or concrete apron transitioning to a minimum 12 ft wide drive in compliance with the "Driveway" standards in Table 7-107. The existing driveway for Lot 3 does meet the minimum width and grade "Driveway" standards. There is not a hard surface apron at the intersection with the County Road. A waiver request is included to provide a wide gravel transition instead of a hard surface apron in keeping with the current use of the driveway. 9. The submitted site plan shows a "Typical Section" for the driveway design. Please clarify whether this is a typical roadway section for both driveways. The Typical Section is for both driveways in compliance with the "Driveway" standards. The standard does not require gravel therefore the gravel depth applies to the transition area at the County Road intersection. 10. Please discuss when the access driveway for Lots 1 and 2 will be installed. You may choose to either complete the required improvements prior to the Board of County Commissioners signature on the plat (within the 90 day timeframe to meet conditions of approval) or alternatively you may supply a subdivision improvements agreements. If you choose to supply a subdivision improvements agreement please note that a security will be required to be held by the County until the improvements are completed and the agreement will need to be signed by the Board of County Commissioners. The driveway for Lots 1 and 2 will be installed within 90 days of subdivision approval. 11. Please supply an estimate of probable construction costs associated with the minor subdivision for required improvements. - Estimated construction costs have been provided in an attached table. 12. It is highly encouraged to provide application formatting that addresses each applicable section of Article 7, Divisions 1, 2, 3 and 4. - An addendum is included outlining Article 7- Divisions 1-4 as recommended. 13. It is highly encouraged to address the Minor Subdivision Review Criteria found in Section 5- 301-C of the Land Use and Development Code. The Review Criteria have been reviewed and all necessary items addressed as indicated below. 5-301 Minor Sub Division Review Response 1) It complies with the requirements of the applicable zone district and Code, including Standards in Article 7, Divisions 1,2,3 and 4. Property is zoned Residential Medium High (R MIH this designation has a recommendation of 2 <6 acres per dwelling unit. One of the lots proposed, lot 3 falls into this recommendation with 5.4± ac. The other two lots exceed the recommended acreage of the R MH zone. See Article 7, Divisions 1,2,3 and 4 comments in report. 2) It is in General Conformance with the Comprehensive Plan. -The Comprehensive Plan shows the property in an area designated with 2 -6 -acre density. All proposed lots comply with the designated density. See Plat Map 3) Shows satisfactory evidence of a legal, physical, adequate, and dependable water supply for each lot. -All lots have water contracts with the West Divide Water Conservancy District in the name of the Dunlap Survivor's Trust. Application for assignment of those contracts to 591 County Road 259 LLC has been submitted for the February meeting of the water district board Well permits exist in the name of the Dunlap Survivor's Trust and will be changed after water contracts have been approved Addressed by items 4-203.D.13; 4-203.M; 7-104 and 7-105. 4) Satisfactory evidence of adequate and legal access has been provided. -- Lots 2 and 3 have direct access to County Rd 259 and Lot 1 access is provided via an access easement to CR 259. The Lot 1 driveway will be constructed within 90 days of approval. See plan map. Response — File No. MISA-11-18-8693 - Dunlap Minor Subdivision 5) Any necessary easements including, but not limited to, drainage, irrigation, utility, road, and water service have been obtained. -The final plat will provide all required easements. See Plan and Plat 6) The proposed Subdivision has the ability to provide an adequate sewage disposal system. -Lot 3 has an existing septic system, with permit. Lots 1 and 2 will have a septic system on lots that exceed 2 acres. Percolation tests have been performed on both Lots 1 and 2 indicating adequate capacity for a standard OWTS meeting County and State standards. Addressed by items 4-203.D.12; 4-203.N; 7-105.B *While not a completeness item, please be aware that pump tests meeting the standards in Section 4- 203(M)(1)(b)(5)(a) and water quality tests that meet the standards in Section 4-203(M)(1)(b)(5)(c) of the LUDC for all three wells will be required as conditions of approval prior to the BOCC signature of the plat. - The well, pump tests and water quality tests will be conducted and submitted within the 90 -day timeframe to meet conditions of approval. Sincerely, Bell Consulting, LLC. Response — File No. MISA-11-18-8693 - Dunlap Minor Subdivision 11/16/2018 Garfield County Land Explorer Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 212728100170 212733100289 212733100290 212733100371 212733400115 212733400117 212733400121 212734200158 212734200160 212734300272 HAPPY TRAILS RD RIFLE 280 259A COUNTY RD SILT 591 259 COUNTY RD SILT 237 RUSTY SPUR TRL RIFLE 438 ROUND TREE RD RIFLE 437 ROUND TREE RD SILT 437 259 COUNTY RD SILT 520 259 COUNTY RD RIFLE 460 259 COUNTY RD SILT LSL LLC JEWELL, JOHN & GEORG ANN DUNLAP SURVIVORS TRUST CHAVEZ , CLAUDIA NEWTON, THOMAS P & CRISTI L STONE, LINDA D SMITH, BRETT M JEWELL, JOHN H & KAREN A CLARK, JASON DRU & CARBAJAL, VERONICA TENA 480 JEWELL LN SILT GILSTRAP, KEITH D & CONNIE J R084142 R211029 R211030 R009125 R210231 R210236 R210244 R210620 R210622 R211004 PO BOX 774608 STEAMBOAT SPRINGS, CO 80477 280 COUNTY ROAD 259A RIFLE, CO 81650-9721 2233 WEST POINSETTIA DRIVE PHOENIX, AZ 85089 PO BOX 782 DEMING, NM 88031 PO BOX 2206 GLENWOOD SPRINGS, CO 81602 437 ROUNDTREE ROAD RIFLE, CO 81650 437 COUNTY ROAD 259 RIFLE, CO 81650 520 COUNTY ROAD 259 RIFLE, CO 81650 460 JEWELL LANE RIFLE, CO 81650 480 COUNTY ROAD 259 RIFLE, CO 81650 1/1 Dunlap Minor Subdivision Mineral Owners Lee Roy Urban 0284 County Rd 259A Rifle, CO 81650 Tammy Lorraine Jewell 818 Whiteriver Ave. Rifle, CO 81650 ©© Moyes Sellers & Hendricks STEVE WENE • 602-604-2189 • swene@law-msh.com 1850 N. Central Avenue, Suite1100 • Phoenix, AZ 85004 • fax 602.274.9135 April 23, 2019 Garfield County Attorneys' Office Attn: Kelly Cave 108 8th Street, Suite 101 Glenwood Springs, CO 81601 Re: Dunlap Property Dear Ms. Cave, Our firm represents Joy Dunlap. We are working with Ms. Dunlap to ensure certain property in Garfield County, tax parcel 212733100290 ("Property"), is transferred properly to 591 County Road 259 LLC ("LLC"). As you may recall, the Property was held in trust and Ms. Dunlap transferred to the LLC by deed. As we discussed, however, this transfer did not comply with the trust. Ms. Dunlap recently filed a quit claim deed to transfer the Property back to the trust to ensure there is a clean chain of title. Once the Property was back in the trust, Ms. Dunlap, as trustee, distributed the property according to the trust. An undivided half interest was deeded to Thomas Dunlap and an undivided half interest was deeded to Joy Dunlap. All three of these deeds were recorded. See Attachment 1. Joy Dunlap and Thomas Dunlap are in the process of executing deeds transferring the property to the LLC. Once these deeds are executed, recorded, and sent back to me, I will forward them to you. I appreciate your assistance. If you have any questions, please feel free to call me. Respectfully, I / Steve Wene 9194b2 0412212019 U3:U4:U4 NM Nage 1 of 4 Jean Alberico, Garfield County, Colorado Rec Fee: $28.00 Doc Fee: $0.00 eRecorded When recorded, return to: Steve Wene Moyes Sellers & Hendricks 1850 North Central Avenue, Suite 1100 Phoenix, Arizona 85004 QUIT CLAIM DEED DO NOT REMOVE This is part of the official document. 00230541 Y194b2 U4/22/2U19 U3:U4:U4 NM Nage 1 of 4 Jean Alberico, Garfield County, Colorado Rec Fee: $28.00 Doc Fee: $0.00 eRecorded QUITCLAIM DEED For the consideration of five dollars ($5.00), and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, 591 County Road 259 LLC, Grantor, hereby quit claims to the SURVIVOR'S TRUST created under the DUNLAP LIVING TRUST dated 12/23/1996, and any amendments thereto, all of its right, title, and interest, if any, in and to the real property situated in Rifle, in the County of Garfield, State of Colorado, and all improvements thereon described as follows: See Attached Exhibit A. Tax Parcel No. 212733100290 SUBJECT TO: Current taxes and other assessments, reservations in patents and all easements, rights of way, encumbrances, liens, covenants, conditions, restrictions, obligations, and liabilities as may appear of record. DATED this 5 day of A . 2019. GRANTOR: 591 COUNTY ROAD 259 LLC, a Colorado Limited Liability Company By: f Joyi;�inka�p, Memhe 00230541 9194b2 U412212U19 U3:U4:U4 NM Nage :3 of 4 Jean Alberico, Garfield County, Colorado Rec Fee: $28.00 Doc Fee: $0.00 eRecorded STATE OF ARIZONA ) ss. County of flifFt i cc pry# The undersigned, a Notary Public of the aforesaid County and State, hereby certifies that, ,tJwA kap who is either known to me or provided legally satisfactory verification of his/her identity, personally appeared before me this day and acknowledged that he/she executed the foregoing Quit Claim Deed. _ Witness my hand and notarial seal this ,SJrn' day of 2019. DONNELLY ANN HERBERT Notary Public - State of Arizona MARICOPA COUNTY Commission #: 557974 My Comm, Expires Feb. 17, 2023 Notary Seal and Expiration Date 00230541 :')Z Le !.„/ Notary Public: /I , 9194b2 04/22/2019 03:04:04 NM Page 4 of 4 Jean Alberico, Garfield County, Colorado Rec Fee: $28.00 Doc Fee: $0.00 eRecorded EXHIBIT A A tract of land contained in the SE1/4 of the NE1/4 of Section 33, Township 5 South, Range 92 West of the 6th P.M., more particularly described as follows: Beginning at the East 1/4 Corner of said Section 33 within County Road #259, whence the Northeast Corner of said Section 33 Bears North 00°00'52" West 2894.45 feet; thence along said County Road North 00°00'52" West 815.70 feet; thence leaving said County Road North 61°56'37" West 229.77 feet; thence West 331.17 feet; thence South 49°24'59" West 170.55 feet to an existing fence line; thence along said fence line South 70°08'30" West 261.08 feet; thence South 71°29'28' West 69.16 feet; thence South 79°41'18" West 352.76 feet to a point on the West line of the SEI /4 of the NE1/4 of said Section 33; thence along the West line of the SE1/4 of the NE1/4 of said Section 33 South 00°02'12" East 639.64 feet to the Southwest corner of the SE1/4 of the NE1/4 of said Section 33; thence North 89°58'24" East 1321.46 feet along the South line of the SE1/4 of the NE1/4 of said Section 33 to the POINT OF BEGINNING. 9194b3 U4/22/2U1 3 U:3:U4:U4 NM Nage 1 of 4 Jean Alberico, Garfield County, Colorado Rec Fee: $28.00 Doc Fee: $0.00 eRecorded When recorded, return to: Steve Wene Moyes Sellers & Hendricks 1850 North Central Avenue, Suite 1100 Phoenix, Arizona 85004 WARRANTY DEED DO NOT REMOVE This is part of the official document. 00230505 9194b:i 04/22/2U19 U3:U4:U4 NM Page 2 Ot 4 Jean Alberico, Garfield County, Colorado Rec Fee: $28.00 Doc Fee: $0.00 eRecorded WARRANTY DEED For the consideration of Ten Dollars ($10.00), and other valuable considerations, I JOY DUNLAP, Trustee of the SURVIVOR'S TRUST, created under the DUNLAP LIVING TRUST dated December 23, 1996, and any amendments thereto ("Grantor"), hereby conveys to THOMAS ALLEN DUNLAP ("Grantee"), an undivided ''A in the following real property situated in Rifle, in the Couniof Garfield, State of Colorado, and described as: See attached Exhibit A hereto. Tax Parcel Number 212733100290 Pursuant to A.R.S. Section 33-404, the names and addresses of the beneficiaries of the above referenced Trust are disclosed in the Trust Disclosure Exhibit attached hereto and incorporated herein by reference. SUBJECT TO: Current taxes and assessments, reservations in patents and all easements, rights of way, encumbrances, liens, covenants, conditions, restrictions, obligations and liabilities as may appear of record, Grantor warrants title against all persons whomsoever. DATED this 6 day of Ap4L_ 2019. 00230505 JOY p `i �'P, Trus re of the SURVIVOR'S TRUST, created under the DUNLAP LIVING TRUST dated December 23, 1996 91945;3 U4/22/2U19 U3:04:04 NM Nage 3 of 4 Jean Alberico, Garfield County, Colorado Rec Fee: $28.00 Doc Fee: $0.00 eRecorded STATE OF ARIZONA County of M4 -20p#4- ) ss. This instrument was acknowledged before me this :7" 'h day of �%i ± . 2019, by JOY DUNLAP, Trustee of the SURVIVOR'S TRUST, created under the DUNLAP LIVING TRUST dated December 23, 1996. WITNESS my hand and official seal the day and year in this certificate above written. My Commission Expires: 00230505 DONNELLY ANN HERBERT Notary Public - State of Arizona MARIC0PA COUNTY Commission #: 557974 My Comm. Expires Feb. 17, 2023 I • I Ncrttiy Public 9194b3 04122/2U19 U3:U4:04 NM Nage 4 of 4 Jean Alberico, Garfield County, Colorado Rec Fee: $28.00 Doc Fee: $0.00 eRecorded EXHIBIT A A tract of land contained in the SE1/4 of the NE1/4 of Section 33, Township 5 South, Range 92 West of the 6th P.M., more particularly described as follows: Beginning at the East 1/4 Corner of said Section 33 within County Road #259, whence the Northeast Corner of said Section 33 Bears North 00°00'52" West 2894.45 feet; thence along said County Road North 00°00'52" West 815.70 feet; thence leaving said County Road North 61°56'37" West 229.77 feet; thence West 331.17 feet; thence South 49°24'59" West 170.55 feet to an existing fence line; thence along said fence line South 70°08'30" West 261.08 feet; thence South 71°29'28' West 69.16 feet; thence South 79°4118" West 352.76 feet to a point on the West line of the SE1/4 of the NE1/4 of said Section 33; thence along the West line of the SE1/4 of the NE1/4 of said Section 33 South 00°0212" East 639.64 feet to the Southwest corner of the SE1/4 of the NE1 /4 of said Section 33; thence North 89°58'24" East 1321.46 feet along the South line of the SE1/4 of the NE1/4 of said Section 33 to the POINT OF BEGINNING. 919454 U4/22/2U19 U3:04:U4 NM Nage 1 of 4 Jean Alberico, Garfield County, Colorado Rec Fee: $28.00 Doc Fee: $0.00 eRecorded When recorded, return to: Steve Wene Moyes Sellers & Hendricks 1850 North Central Avenue, Suite 1100 Phoenix, Arizona 85004 WARRANTY DEED DO NOT REMOVE This is part of the official document. 00230540 9194b4 04/22/2019 U3:U4:U4 NM Nage 2 at 4 Jean Alberico, Garfield County, Colorado Rec Fee: $28.00 Doc Fee: $0.00 eRecorded WARRANTY DEED For the consideration of Ten Dollars ($10.00), and other valuable considerations, I JOY DUNLAP, Trustee of the SURVIVOR'S TRUST, created under the DUNLAP LIVING TRUST dated December 23, 1996, and any amendments thereto ("Grantor"), hereby conveys to JOY DUNLAP ("Grantee"), an undivided '/2 in the following real property situated in Rifle, in the Countyof Garfield, State of Colorado, and described as: See attached Exhibit A hereto. Tax Parcel Number 212733100290 Pursuant to A.R.S. Section 33-404, the names and addresses of the beneficiaries of the above referenced Trust are disclosed in the Trust Disclosure Exhibit attached hereto and incorporated herein by reference. SUBJECT TO: Current taxes and assessments, reservations in patents and all easements, rights of way, encumbrances, liens, covenants, conditions, restrictions, obligations and liabilities as may appear of record, Grantor warrants title against all persons whomsoever. DATED this S day of AP,Zlc_ 2019. N JOY JOY LAP, Trustee of the SURVIVOR'S TRUST, created under the DUNLAP LIVING TRUST dated December 23, 1996 00230540 9194b4 04/22/2019 U3:U4:04 NM Nage .3 Ot 4 Jean Alberico, Garfield County, Colorado Rec Fee: $28.00 Doc Fee: $0.00 eRecorded STATE OF ARIZONA ) ) ss. County of /44 Lo - ) This instrument was acknowledged before me this 5/./4 day of .. y •. y ,, 4' , 2019, by JOY DUNLAP, Trustee of the SURVIVOR'S TRUST, created under the DUNLAP LIVING TRUST dated December 23, 1996. WITNESS my hand and official seal the day and year in this certificate above written. ' DONNELLY ANN HERBERT Notary Public - State of Arizona MARICOPA COUNTY Commission #: 557974 My Comm. Expires Feb. 17, 2023 My Commission Expires: 00230540 Ir Np %ary Public 9194b4 U412212U19 U:3:04:U4 NM Nage 4 of 4 Jean Alberico, Garfield County, Colorado Rec Fee: $28.00 Doc Fee: $0.00 eRecorded EXHIBIT A A tract of land contained in the SE1/4 of the NE1/4 of Section 33, Township 5 South, Range 92 West of the 6th P.M., more particularly described as follows: Beginning at the East 1/4 Corner of said Section 33 within County Road #259, whence the Northeast Corner of said Section 33 Bears North 00°00'52" West 2894.45 feet; thence along said County Road North 00°00'52" West 815.70 feet; thence leaving said County Road North 61°56'37" West 229.77 feet; thence West 331.17 feet; thence South 49°24'59" West 170.55 feet to an existing fence line; thence along said fence line South 70°08'30" West 261.08 feet; thence South 71°29'28' West 69.16 feet; thence South 79°41'18" West 352.76 feet to a point on the West line of the SE1/4 of the NE1/4 of said Section 33; thence along the West line of the SE1/4 of the NE1/4 of said Section 33 South 00°02'12" East 639.64 feet to the Southwest corner of the SEI/4 of the NE1/4 of said Section 33; thence North 89°58'24" East 1321.46 feet along the South line of the SEI/4 of the NE 1 /4 of said Section 33 to the POINT OF BEGINNING. 1111 I JI3.14M14MW 1'411 NiNhr'l1klif kl1 11 II I Reception#: 919645 04/26'2019 12:13 3E; PM Jean Rlberioo 1 of 3 Rec Fee:$23.00 Doc Fee:0.00 GARFIELD COUNTY CO When recorded, return to: Steve Wene Moyes Sellers & Hendricks 1850 North Central Avenue, Suite 1100 Phoenix, Arizona 85004 WARRANTY DEED DO NOT REMOVE This is part of the official document. 00230540 ■ill11Pal 1 IMLI :1Q11,1171gaiAli1 111111 Receptdon#: 929645 04/28/2019 12 13:38 PM Jean Rlberico 2 of 3 Rec Fee:$23.00 Doc Fee:0.00 GARFIELD COUNTY CO WARRANTY DEED For the consideration of Ten Dollars ($10.00), and other valuable considerations, I JOY DUNLAP, an individual, and any amendments thereto ("Grantor"), hereby conveys to 591 County Road 259 LLC ("Grantee"), an undivided Y2 in the following real property situated in Rifle, in the Count of Garfield, State of Colorado, and described as: See attached Exhibit A hereto. Tax Parcel Number 212733100290 SUBJECT TO: Current taxes and assessments, reservations in patents and all easements, rights of way, encumbrances, liens, covenants, conditions, restrictions, obligations and liabilities as may appear of record, Grantor warrants title against all persons whomsoever. DATED this 24 day of App -IL. 2019. JOY STATE OF ARIZONA ) ) ss. County of !4 c as. 3 4-.' This instrument was acknowledged before me this Z Y - day of / , 2019, by JOY DUNLAP. WITNESS my hand and official seal the day and year in this certificate above written. Ylh Ping Mlles Notary Public Marlcopa County, Arizona My Comm. Expires 05.27-2022 Commission No. 549354 My Commission Expires: 01 - Z7 202_1_ 00230540 Notary Public 1111 FiraFJ111014,1, INWW1 I'NI6VFL1,L'+lt:0ii 'i 11111 Reception#: 919645 04/26/2019 12:13.30 PM Jean Alberioo 3 of 3 Repo Fee:$23.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A A tract of land contained in the SE1/4 of the NE1/4 of Section 33, Township 5 South, Range 92 West of the 6th P.M., more particularly described as follows: Beginning at the East 1/4 Corner of said Section 33 within County Road #259, whence the Northeast Corner of said Section 33 Bears North 00°00'52" West 2894.45 feet; thence along said County Road North 00°00'52" West 815.70 feet; thence leaving said County Road North 61°56'37" West 229.77 feet; thence West 331.17 feet; thence South 49°24'59" West 170.55 feet to an existing fence line; thence along said fence line South 70°08'30" West 261.08 feet; thence South 71°29'28' West 69.16 feet; thence South 79°41'18" West 352.76 feet to a point on the West line of the SE1/4 of the NE1/4 of said Section 33; thence along the West line of the SE1/4 of the NE1/4 of said Section 33 South 00°02'12" East 639.64 feet to the Southwest corner of the SE1/4 of the NE1/4 of said Section 33; thence North 89°58'24" East 1321.46 feet along the South line of the SE1/4 of the NE1/4 of said Section 33 to the POINT OF BEGINNING. ■III'VA I'' I i 141111111.'§1`aili Nib I��Ylr h 11111 Reception1: 919646 04/25/2019 12 13.38 P1'1 Jean Alberico 1 or 3 Rec Fee:$23.00 Doc Fee:0 00 GARFIELD COUNTY CO • When recorded, return to: Steve Wene Moyes Sellers & Hendricks 1850 North Central Avenue, Suite 1100 Phoenix, Arizona 85004 WARRANTY DEED DO NOT REMOVE This is part of the official document. 00230540 11111FalMilMi1,ri1A1111.w:rFlkNiN11 1.11,4,11111 Reception#: 919646 04/26/2019 12:13:30 PM Jean Alberico 2 of 3 Rec Fee:$23 00 Doc Fee:0.00 GARFIELD COUNTY CO WARRANTY DEED For the consideration of Ten Dollars ($10.00), and other valuable considerations, I THOMAS ALLEN DUNLAP, an individual, and any amendments thereto ("Grantor"), hereby conveys to 591 County Road 259 LLC ("Grantee"), an undivided 1/2 in the following real property situated in Rifle, in the Count of Garfield, State of Colorado, and described as: See attached Exhibit A hereto. Tax Parcel Number 212733100290 SUBJECT TO: Current taxes and assessments, reservations in patents and all easements, rights of way, encumbrances, liens, covenants, conditions, restrictions, obligations and liabilities as may appear of record, Grantor warrants title against all persons whomsoever. DATED this day of 2019. THOMAS ALLEN DUNLAP STATE OF ARIZONA ) ) ss. County of AL, r,` ) This instrument was acknowledged before me this Li -clay of '4z. / , 2019, by THOMAS ALLEN DUNLAP. WITNESS my hand and official seal the day and year in this certificate above written. Ylh Ping Mlles Notary Public Maricopa County, Arizona My Comm. Expires 05.27.2022 Commission No. 549354 My Commission Expires: Or - Z - 7,01 2 00230540 l-' Notary Pub1rc 111110eari?lifi141i. W,1 Milf,4 11111 Reception#: 919646 04/26(20,9 12:13:38 PM Jean Alberioo 3 of 3 Rec Fee:$23.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A A tract of land contained in the SE1/4 of the NE1/4 of Section 33, Township 5 South, Range 92 West of the 6th P.M., more particularly described as follows: Beginning at the East 1/4 Comer of said Section 33 within County Road #259, whence the Northeast Comer of said Section 33 Bears North 00°00'52" West 2894.45 feet; thence along said County Road North 00°00'52" West 815.70 feet; thence leaving said County Road North 61°56'37" West 229.77 feet; thence West 331.17 feet; thence South 49°24'59" West 170.55 feet to an existing fence line; thence along said fence line South 70°08'30" West 261.08 feet; thence South 71°2928' West 69.16 feet; thence South 79°41'18" West 352.76 feet to a point on the West line of the SE 1/4 of the NE1/4 of said Section 33; thence along the West line of the SE1/4 of the NE1/4 of said Section 33 South 00°02'12" East 639.64 feet to the Southwest corner of the SE1/4 of the NE1/4 of said Section 33; thence North 89°58'24" East 1321.46 feet along the South line of the SE1/4 of the NE1/4 of said Section 33 to the POINT OF BEGINNING. 11111 11111 111111 111111 111 1111111 11111 111 11111 1111 1111 1400 03/06/1998 03:07P 81056 P608 M ALSDORF of 1 R 6.00 D 0.00 GARFIELD COUNTY CO PERSONAL REPRESENTATIVE'S DEED THIS DEED, made by LEE ROY URBAN, as Personal Representative of the Estate of ORA JANE URBAN, aka JANE URBAN, aka ORA JANE JEWELL, Deceased, Grantor, to LEE ROY URBAN and TAMMY LORRAINE JEWELL, Grantees, whose addresses are, respectively, 0284 County Road 259A, Rifle, Colorado 81650, and 818 Whiteriver, Rifle, CO 81650. WHEREAS, the Grantor is the Personal Representative of the Estate of ORA JANE URBAN, aka JANE URBAN, aka ORA JANE JEWELL, Deceased, which estate is being administered in the District Court of Garfield County, Colorado, Probate No. 98 PR 10. THEREFORE, pursuant to the powers conferred upon Grantor under the Colorado Fiduciaries' Powers Act and the Colorado Probate Code, and for a valuable consideration, Grantor sells and conveys to Grantees, as tenants in common, that real property in Garfield County, Colorado, described as follows: The interest of Ora Jane Urban, formerly Ora Jane Jewell, in and to any and all oil, gas, and mineral rights, in, under and upon the following described real property situate in Garfield County, Colorado, to wit: Townshi i 5 South Ran e 92 West of the 6th P.M. Section 21: SW1/4SE1/4 and the Wh/2SE1/sSE'/4 Section 27: West 15 acres of the SW1/4SW1/4 Section 28: E1/2, excepting the E1/2NE1/4NE1/4; and the SE1/4SW1/4 Section 33: NE1/4, excepting the SW1/4NE1/4NE'/4; S1/2NW1/4; NEI/4NW'/4 Executed this STATE OF COLORADO COUNTY OF GARFIELD 3rd - day of ) ss. v4/frAtIL, , 1998. 14,-6„. e RoyUr n Personal Representative of the Estate of ORA JANE URBAN, aka JANE URBAN, aka ORA JANE JEWELL, Deceased 1/1 The foregoing instrument was acknowledged before me on this rd, day of 1998, by Lee Roy Urban, Personal Representative of the Estate of ORA JANE URBAN, aka JANE URBAN, aka ORA JANE JEWELL, Deceased. Witness my hand and official seal. My commission expires: I 1 L ZOC> l blic • 1,08 Commonwealth Title Company of Garfield County, Inc. 127 E. 5th Street / P.O. Box 352 Rifle, CO 81650 Phone (970) 625-3300 / Fax (970) 625-3305 803 Colorado Avenue Glenwood Springs, CO 81601 Phone (970) 945-4444 / Fax (970) 945-4449 Date: September 25, 2008 To: William Dunlap 4775 E. El Oro Drive Flagstaff AZ 86004 Attn: Phone: Fax: Email: Re: Thomas A. Dunlap Sr. / Steven Quick Thank you for your order. Enclosed please find the following in connection with our File No. 0809068: Q Commitment ❑ Exceptions ❑ Title Policy ❑ Endorsement 9 Tax Certificate Copies Sent To: Lexxel Funding Bobbie COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 0809068 1. Effective Date: September 5, 2008 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) S330.000.00 Proposed Insured: Thomas A. Dunlap Sr. and William Dunlap (b) ALTA LOAN POLICY (ALTA 6-17-06) $233,000.00 Proposed Insured: Lexxel Funding, Its Successors and/or Assigns 3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and is at the effective date hereof vested in: Steven Quick and Hope R. Marsh 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as fo1.1_ows: See Attached Exhibit "A" TITLE CHARGES Owner's Policy Standard Coverage Mortgagee's Policy Tax Certificate Form 100 Form 8.1 Form 100.30 Delete Standard Exceptions (Lender's) COUNTERSIGNED: • $564.00 65.00 15.00 50.00 50.00 93.00 20.00 American Land Title Association Schedule A (Rev'd 6-06) Authorized Officer or Agent Valid Only if Schedule B and Cover Are Attached Issuing Agent: Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, CO 81650 File No. 0809068 EXHIBIT "A" A tract of land contained in the SE1/4 of the NE1/4 of Section 33, Township 5 South, Range 92 West of the 6th P.M., more particularly described as follows: Beginning at the East 1/4 Corner of said Section 33 within County Road #259, whence the Northeast Corner of said Section 33 Bears North 00°00'52" West 2894.45 feet; thence along said County Road North 00°00'52" West 815.70 feet; thence leaving said County Road North 61°56'37" West 229.77 feet; thence West 331.17 feet; thence South 49°24'59" West 170.55 feet to an existing fence line; thence along said fence line South 70°08'30" West 261.08 feet; thence South 71°29'28' West 69.16 feet; thence South 79°41'18" West 352.76 feet to a point on the West line of the SE1/4 of the NE1/4 of said Section 33; thence along the West line of the SE1/4 of the NE1/4 of said Section 33 South 00°02'12" East 639.64 feet to the Southwest corner of the SE1/4 of the NE1/4 of said Section 33; thence North 89°58'24" East 1321.46 feet along the South line of the SE1/4 of the NE1/4 of said Section 33 to the POINT OF BEGINNING. File No. 0809068 SCHEDULE B - SECTION 1 The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located. 1. Warranty deed from Steven Quick and Hope R. Marsh vesting fee simple title m Thomas A. Dunlap Sr. and William Dunlap. 2. Deed of Trust from Thomas A. Dunlap Sr. and William Dunlap to the Public Trustee of Garfield County for the use of Lexxel Funding. 3. Release of record by the Public Trustee of the Deed of Trust from Steven Quick and Hope R. Marsh for the use of Countrywide Home Loans, Inc. showing an original amount of $216,935.00, dated November 30, 2005 and recorded December 6, 2005 in Book 1752 at Page 791. 4. Execution and return of the attached Affidavit and Agreement indemnifying the Company against unified mechanic's and materialmen's liens. NM 6 American Land Title Association Commitment Schedule B - Section 1 - Form 1004-5 File No. 0809068 SCHEDULE B - SECTION 2 Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of 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 in 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. 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 the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 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 February 25, 1910 in Book 71 at Page 397 and in patent recorded 2/26/1910 in Book 71 at Page 399. 10. Right of way for County Road No. 259. 11. Undivided 24/100's interest in all oil, gas and other minerals conveyed in deed recorded June 5, 1952 in Book 264 at Page 372. 12. Electric Transmission line easement described in instrument recorded July 15, 1963 in Book 351 at Page 421. 13. Right of way for the Silt Pump Canal described in instrument recorded October 26, 1967 in Book 389 at Page 314. 14. Road easement described in instrument recorded July 9, 1968 in Book 395 at Page 379. 15. Terms and conditions of Oil and Gas Lease by and between Ora Jane Urban formerly Ora Jane Jewell, as Lessors, and Maguire Oil Company, as Lessee, recorded November 30, 1992 in Book 848 at Page 356. 16. Easement for a septic tank and leach field as described in deed recorded July 5, 1994 in Book 907 at Page 744. 17. Easements, right of way and all other matters disclosed on the plat of Jewell Exemption recorded March 10, 1998 as Reception No. 521461. 18. All oil, gas and mineral rights as conveyed in deed recorded March 6, 1998 in Book 1056 at Page 608 and any interests therein or assignments thereof. NOTE: EXCEPTION(S) 1,2,3 AND 4 WILL NOT APPEAR IN THE MORTGAGEE'S POLICY TO BE ISSUED HEREUNDER. The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B - Section 2, the following items: (1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales. NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. American Land Title Association Commitment Schedule B - Section 2 Form 1004-12 Report Date: 09/26/2008 10:10A M SCHEDULE NO: R211030 ASSESSED TO: QUICK, STEVEN & MARSH, HOPE R 591 COUNTY ROAD 259 RIFLE. CO 81650 LEGAL DESCRIPTION: SECT,TWN,RNG:33-5-92 DESC: A TR. IN THE SENE CONT. 24.41 AC. AKA LOT 3 JEWELL DESC: EXEMPTION BK:1056 PG:0611 BK:1052 PG:0016 BK:0906 PG:0434 BK:0419 PG:0447 BK:0409 PG:0457 BK:1752 PG:790 RECPT:687869 BK:1660 PG:446 RECPT:668131 BK:1634 PG:36 RECPT:662333 BK:1634 PG:32 RECPT:662331 BK:1056 PG:0613 BK:0468 PG:0369 PRE:R210875 SPEC ASMT: SILT WATER PROJECT PARCEL: 2127-331-00-290 SITUS ADD: SILT GARFIELD COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT #: 2008003442 ORDER NO: 0809068 VENDOR NO: 2 COMMONWEALTH TITLE P.O. BOX 127 127 EAST 5TH STREET RIFLE, CO 81650 TAX YEAR 2007 CHARGE TAX AMOUNT TAX 705.28 TOTAL TAXES TAX YEAR ASSESSMENT ASMT AMOUNT 2007 SILT PROJ 339.00 TOTAL ASMT INTEREST 0.00 GRAND TOTAL DUE AS OF 09/26/2008 FEES 0.00 INTEREST FEES 0.00 0.00 ORIGINAL TAX BILLING FOR 2007 TAX DISTRICT 021 - 2HC-RF Authority Mill Levy Amount GARFIELD COUNTY 6.825 103.68 RIFLE & RURAL FIRE 6.284 95.45 COLO RIVER WATER CONS 0.191* 2.90 SILT WATER CONS 0.671* 10.19 GRAND RIVER HOSPITAL 4.981* 75.66 SCHOOL DISTRICT RE -2 GEN/BOND 14.932 226.81 COLORADO MTN COLLEGE 3.997 60.71 GARFIELD ROAD & BRIDGE 2.300 34.94 GARFIELD HUMAN SERVICES 0.280 4.25 GARFIELD CAP EXPEND 4.250 64.56 RIFLE & RURAL FIRE BOND 0.104 1.58 GRAND RIVER HOSPITAL BOND 0.616 9.36 GARFIELD COUNTY PUBLIC LIBRARY 1.000 15.19 TAXES FOR 2007 * Credit Levy SILT WATER PROJECT FEE FOR THIS CERTIFICATE 46.431" 705.28 PAID 705.28 PAID 339.00 TOTAL DUE 0.00 0.00 TOTAL DUE 0.00 0.00 339.00 10.00 Values LAND IMPS TOTAL Actual 10,440 152,740 0.00 Assessed 3,030 12,160 163,180 15,190 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - SEPTEMBER 1, 2008, REAL PROPERTY - OCTOBER 1, 2008 TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically mentioned. I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof, I have hereunto set my hand a ' seal thi '26th day of September. 2008. TREASURER, GARFIELD COUNTY, GEORGIA CHAMBERLAIN, BY P. O. Box 1069 Glenwood Springs, CO 81602-1069 (970) 945-6382 INFORMATIONAL NOTES This is to advise that COMMONWEALTH TITLE INSURANCE COMPANY makes available to its prospective insured owners, in conjunction with their COMMONWEALTH TITLE INSURANCE COMPANY policy covering a single family residence, including a condominium or townhouse unit, protection against mechanics' liens. This protection is not automatic nor given in all cases, but is subject to the Company's underwriting requirements, and does not cover those liens which arise out of work contracted for or entered into at the request of the insured owner. These underwriting requirements include, but may not be limited to, the following: 1. Receipt by the Company of agreement(s) indemnifying it for any loss resulting from its granting of lien protection, executed by the seller, contractor or others who might have incurred debts which could result in mechanics' liens; 2. Information concerning the solvency and whereabouts of the parties set forth in Item No. 1, possibly including financial statements; 3. Evidence of payment of any bills which might have been incurred for work done on the property, depending upon the length of time elapsed since the last work was completed and what remains to be done; 4. In the event of extensive recent constructions, whether on all the improvements located upon the property or not, additional items required may include: (a) the Company's review of the owner's and/or builder's history relative to constructionro ects p j previously completed or presently under construction; (b) review of the construction loan agreement if applicable; (c) review of any performance or materialmen's bonds concerning this construction, if applicable; (d) payment of the appropriate charge for mechanics' lien protection during construction, if applicable. This is also to advise that, pursuant to Regulation of the Colorado Insurance Commissioner, every title entity shall be responsible for all matters which appear of record prior to the time of recording, and subsequent to the effective date of the commitment, whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed. This does not include those matters created, suffered, assumed or agreed to by the insured. The prospective insured is advised to inquire of the closing entity as to whether it is an office of COMMONWEALTH TITLE INSURANCE COMPANY or is an independent agent which will be the responsible entity relative to the closing only. NOTICE If Schedule B of your commitment for an owner's title policy reflects an exception for mineral interests or leases, pursuant to CRS 10-11-123 (HB 01-1088), this is to advise: 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. Pursuant to Senate Bill 91-14 (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 shall be obtained from the County Treasurer or the County Treasurer's authorized agent; c) 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: A Tax certificate will be ordered from the County Treasurer by the Company and the costs therefore charged to the proposed insured unless written instructions to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this commitment. COMMITMENT FOR TITLE INSURANCE Issued by Commonwealth Land Title Insurance Company LandAmerica Commonwealth Commonwealth Land Title Insurance Company is a member of the LandAmerica family of title insurance underwriters. COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Nebraska corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate 120 days after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed with the facsimile signatures of its President and Secretary and sealed as required by its By -Laws. Attest: COMMONWEALTH LAND TITLE INSURANCE COMPANY W ; =SEAL o= BY: ,� eX6.--64 '��o� NEBNASKP ��a� CONDITIONS President 1. The term mortgage, when used herein, shall include deed of trust. trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance. adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. Alta Commitment — 2006 Cover Page Form 1004-316 ORIGINAL COLORADO GEOLOGICAL SURVEY SUBMITTAL FORM FOR LAND -USE REVIEWS county Garfield Project Name Dunlap Minor Subdivision Date 10/26/2018 APPLICANT (or Applicant's Authorized Representative responsible for paying CGS -review fee) Name Dunlap Survivor's Trust Address 2233 W. Poinsettia Dr. Phoenix, Arizona 85029 ph No. 602-622-1248 Fax No. 54. 2, or'/4' 4 SINE Section(s) ;N Township IN Range •$W Dec Lot Dec Long FEE SCHEDULE (effective June 1, 2009) Reviews for Counties Small Subdivision (> 3 dwellings and < 100 acres) 8950 Large Subdivision (> 100 acres and < 500 acres) ... .. $1.550 Very Large Subdivision (500 acres or more) $2,500 Very small residential subdivisions (1-3 dwellings and < 100 acres) S600 Reviews for Municipalities At hourly rate of reviewer Special Reviews At hourly rate of reviewer School Site Reviews $855 CGS LAND USE REVIEWS Geological studies are required by Colorado counties for all subdivisions of unincorpo- rated land into parcels of less than 35 acres, under State statute C.R.S. 30-28-136 (1) (i) (Senate Bill 35, 1972). Some Colorado municipalities require geological studies for sub- division of incorporated land. In addition, local governments are empowered to regu- late development activities in hazardous or mineral -resource areas under C.R.S. 24-65.1- 101 et seq. (House Bill 1041, 1974) and C.R.S. 34-1-301 et seq. (House Bill 1529, 1973), respectively. Local -government agencies submit proposed subdivision applications and supporting technical reports to the Colorado Geological Survey "...for evaluation of those geologic factors which would have significant impact on the proposed use of the land," in accor- dance with State statutes. The CGS reviews the submitted documents and serves as a technical advisor to local -government planning agencies during the planning process. Since 1984, the CGS has been required by law to recover the full direct cost of perform- ing such reviews. The adequate knowledge of a site's geology is essential for any development project. It is needed at the start of the project in order to plan, design, and construct a safe devel- opment. Proper planning for geological conditions can help developers and future owners/users reduce unnecessary maintenance and/or repair costs. Colorado Geological Survey • 1500 Illinois Street. Golden. CO 80401 • Ph: 303.384-2855 • Erie : CGS_LUR@mines.edu • ColoradoGeologicalSurvey.org created 3/18/98 revised 11/21/2013 Frequently Asked Questions and Answers Regarding the CGS Land Use Review Process 1 Why atn,1 required to have a CGS review when 1 already hired and paid for nn/ own consultant? In 1972, Senate Bill 35 was passed stating that any person or entity subdividing a property into parcels of 35 acres or less on unincorporated land must submit geologic or geotechnical reports to the County as part of the preliminary plat application process. Municipalities or public agencies may request that CGS review a site, although these reviews are not governed by the statute. 2 Why is a CGS review necessary when! already hired not own geologist? The CGS review is an independent third -party review that is done for the County, similar to the service a building inspector provides for construction review. The purpose of the CGS review is to ensure that all geologic concerns have been adequately identified and addressed in the geologic reports and that the proposed development is feasible. 3 Why does CGS charge for land use reviews? Doesn't taifrayer money pay for this service? CGS land use reviews are not subsidized through the general fund, although some other review agencies are supported by taxpayer money. In 1984 the state legislature decided that CGS reviews should be paid for with fees paid by the applicant of the proposed development so that taxpayers are not viewed as subsidizing development. 4 Did the CGS geologist mike a field visit to the site? A CGS geologist visits each site being reviewed. if the review is a re -submittal for a site that has been visited previously, a second site visit may not be necessary. If significant changes have occurred since the initial review, the site may be visited again. 5 Why is the CGS review letter so short and simple? What is my fee paying for? The CGS letter is a review of the geologic material submitted and reflects the level of detail contained in those documents. CGS docs not offer designs, but rather ensures that the work that has been done is meaningful and adequate for the site conditions and proposed development. A site review that adequately addresses all the geologic conditions present at the site may be a short confirmation letter. If more work needs to be done or if difficult site conditions are present, the letter may be longer. 6 What type of information do I need to submit to CGS for a land use review? The more geologic information that is submitted to CGS, the easier it is for CGS to evaluate the property. The required documents may vary based on county requirements and the potential problems that may impact the proposed development. A topographic map is essential. Also, information regarding slope, surficial materials, subsurface materials and bedrock, presence of groundwater and depth, and specific geologic hazards should be included, where applicable. Grading plans, drainage plans, and geotechnical testing results are also very helpful for the review. The presence of geologic hazards should be evaluated with respect to the development plan. Also, the effect of development on geologic conditions should be discussed. The evaluation should include alternatives such as avoidance and mitigation techniques. The subdivision down the road was approved, why wasn't mine? There could he several reasons: geologic conditions can change over short distances; subdivisions made prior to 1972 were not required to undergo a CGS review and may have not been evaluated for geologic suitability at all; the area down the road may be incorporated as part of a municipality, which exempts it from the CGS review process. Another consideration is that geologic reviews are continually evolving and site conditions that have been judged acceptable in the past may no longer be considered as such, based on the current understanding of the geologic processes and adverse impacts associated with them. 8 N7ty are CGS reviews required even on low-density properties? Senate Bill 35 pertains to subdivisions of less than 35 acres. Geologic hazards can occur on large -scales or small -scales; relying on low-density subdivision can not mitigate all geologic hazards. For instance, entire hillsides might be prone to rockfall or landslide hazards. Large tracts of land may he subject to groundwater problems. 9 Why can't 1 just use the soil conservation maps for a geologic report? The USDA soil conservation maps are a good start for geologic investigations, but do not contain sufficient detail on the possible geologic problems that may occur at any site. 10 Aren't some of your review comments beyond the scope of geologic hazards on my site? Technically other agencies have regulatory authority regarding issues such as flood plains, groundwater availability and wildfire, but these issues are also important factors in the overall geologic context of the site and may affect geologic hazards on the site. The mention of a condition in the CGS review letter is not intended to influence the statutory authority of any other agency, but rather to ensure that all parties are aware of a potentially problematic geologic condition. For instance, mention of a situation involving a major drainage is a flag that the U.S. Army Corps of Engineers or the Colorado Water Conservation Board should be reviewing development plans. 11 When I bought this property, no one told me about any geologic hazards on the site; can 1 go back to the previous owners somehow? CGS can not give legal advice. If the seller was aware of adverse conditions with respect to the proposed use, this should have been disclosed. A legal opinion should be sought. 12 Can 1 get a waiver from having the CGS do a review? The discretion to grant waivers is rested by law with the counties. Once an application for review is submitted to CGS, we are under a statutory responsibility to respond. 13 1 am willing to accept the risk associated with my property — wln/ is it anyone's business what 1 do with my own land? The presumption associated with a subdivision is that portions of the property will be sold to others. This then assigns any risk to future buyers, and the county is required to protect their interests. Senate Bill 35 addresses a wide variety of land use issues as well as geologic suitability in an attempt to provide information so that the overall appropriateness of the subdivision proposal can be evaluated.