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HomeMy WebLinkAbout1.0 Application1 Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE-APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2177-292-00-505 PRE-APP DATE: 4/24/2019 2177-292-00-489 OWNER: Anna Johnson and Richard Sheets REPRESENTATIVE: Mike Johnson PRACTICAL LOCATION: 55 & 59 County Road 317 Rifle, CO 81650 ZONING: Rural (R) COMPREHENSIVE PLAN: Residential Medium High (2 to <4 acres per dwelling unit) TYPE OF APPLICATION: Amended Final Plat I. GENERAL PROJECT DESCRIPTION The applicant is requesting an Amended Final Plat to adjust the lot lines of the Johnson Taughenbaugh Mesa Exemption, recorded in 2000 (Reception No. 560802). The applicant wishes to remove three 35+ acre parcels from the Exemption Plat, leaving the original Lots 1, 2, 3 and creating a new legal lot to the south (see diagram below). The amended plat is also needed to correct an illegal conveyance of 40 acres from Lot 4 within the exemption. No changes to the existing access or utilities are proposed as a result of the amended plat. In addition, no noncomforming conditions have been noted which would result from the lot line modification. 2 II. REGULATORY PROVISIONS AND PROCESS REQUIRED The following Sections of the Garfield Land Use and Development Code as amended apply to the proposed Application: • Section 5-305 – Amended Final Plat Review • Table 5-103 Common Review Procedures and Required Notice • Table 5-401 Submittal Requirements • Section 5-402 Description of Submittal Requirements including requirements for a Final Plat • Section 4-103 Administrative Review and Section 4-101 Common Review Procedures • Article 7, Divisions 1, 2, 3, and 4 as applicable III. ADMINISTRATIVE REVIEW PROCESS The review process shall follow a modified version of the steps contained in Table 4-102 and Section 4-103, Administrative Review (see attached modified flow chart). 3 IV. SUBMITTAL REQUIREMENTS – KEY TOPICS As a convenience, outlined below is a list of information typically required for this type of application: • General Application Materials o Completed application form o Completed payment agreement form o Authorization letter from both Anna Johnson and Richard Sheets authorizing Mike Johnson to act on their behalf in this process. o Proof of Ownership (title work and deed) and information on any lien holders for both parcels o Names and mailing addresses of property owners within 200 ft. of the property. o Mineral rights ownership including mailing address (see attached memo). o A narrative describing the request and related information. • Copy of the pre-application summary • A Vicinity Map within approximately 3 miles • Because no public improvements are required for this project, a written waiver request from submittal of an Improvements Agreement should be requested. • The Proposed Plat showing the existing and proposed lots lines and any other changes affecting the lots. All easements need to be shown on the plat. All required certificates need to be included on the plat. • The plat should include improvement location information adequate to confirm that no nonconforming conditions will result from the plat amendment. Some improvement location information will be removed from the plat prior to execution and recording pursuant to direction from the County Surveyor. • Copies of the covenants affecting the property (if applicable) • The request should be consistent with all applicable provisions of Article 7 in the LUDC. The Application should include at a minimum representations that the amendment will not result in any changes to drainage, access or utility services. • Any other supporting information indicating that the change is consistent with underlying zoning and previous property history. The Application submittal needs to include 3 hard copies of the entire Application and 1 Digital PDF Copy of the entire Application (on a CD or USB Stick). Both the paper and digital copies should be split into individual sections. Please refer to the pre-application summary for submittal requirements that are appropriate for your Application. 4 V. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: _X_ Director Decision with notice ___ Planning Commission ___ Board of County Commissioners ___ Board of Adjustment VI. APPLICATION REVIEW FEES a. Planning Review Fees: $ 100.00 b. Referral Agency Fees: $ TBD – consulting engineer/civil engineer fees c. Total Deposit: $ 100.00 (additional hours are billed at $40.50 /hour) 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: April 29, 2019 Claire Dalby, Planner 5 6 7 Glenwood Springs Branch 1322 Grand Avenue Glenwood Springs, Colorado 81601 Telephone: (970) 945-4444 Facsimile: (970) 945-4449 June 26, 2017 Misty Briscoe-Garcia misty.briscoegarcia@integratedmtn.com Re: Mineral Owners for Parcel Number 2177 292 00 505 We examined title to the minerals as reflected in recorded documents in the Garfield County Clerk and Recorder’s Office for the following parcel: A tract of land situated in Sections 19, 20, 29 and 30, Township 6 South, Range 93 West of the 6th P.M. in Garfield County, Colorado, and being more particularly described as follows: Beginning at a point where the Easterly right-of-way line of County Road 317, and the West line of the NE1/4NE1/4 of said Section 30 intersect, and from which the Section Corner common to Sections 19, 20, 29 and 30 in said Township and Range bears North 74°08'56" East a distance of 1357.92 feet; thence North 54°16'34" East and along said Easterly right-of-way line a distance of 432.60 feet; thence North 47°13'34” East and continuing along said Easterly right- way line a distance of 143.63 feet to a point on the Southerly right-of-way line of County Road No. 320; thence North 59°00'07" East and along said Southerly right-of-way line a distance of 544.14 feet; thence South 30°59'53" East a distance of 392.04 feet; thence 59°00'07" East a distance of 300.00 feet; thence North 62°43'27" East a distance of 492.58 feet; thence North 16°11'49" East a distance of 310.00 feet to the Southwest Corner of a 2 acre exception fully described in Book 292 at Page 321 Garfield County recorded; thence South 76°56'19" East a distance of 717.50 feet to a point on the East line of the SW1/4SW11/4 said Section 20; thence South 00°32'55" East and along said East line of said SW1/4SW1/4 a distance of 422.27 feet to the West 1/16 Corner common to said Sections 20 and 29; thence North 89°15'22" East and along the North line of the NE1/4NW1/4 said Section 29 a distance of 1303.13 feet to the Quarter Corner common to Sections 20 and 29; thence South 01°39'20" East and along East line of said NE1/4NW1/4 Section 29 a distance of 1320.79 feet to the North 1/16 Corner on the N/S centerline of said Section 29; thence South 89°20'42: West and along the South line of said NE1/4NW1/4 Section 29, a distance of 1307.92 feet to the Northwest 1/16 Corner of said Section 29; thence South 89°20'42" West and along the South line of the NW1/4NW1/4 of said Section 29 a distance of 1307.93 feet to the North 1/16 Corner common to said Sections 29 and 30; thence South 89°26'34" West and along the South line of the said NE1/4NE1/4 Section 30 a distance of 1316.36 feet to the Northeast 1/16 Corner of said Section 30: thence North 01°06'43" West and along the West line of said NE1/4NE1/4 Section 30 a distance of 958.39 feet to the Point of Beginning. EXCEPTING THEREFROM that parcel conveyed in instrument recorded September 12, 2000 in Book 1207 at Page 196. Also described as: Lot 4 Johnson Taughenbaugh Mesa Exemption According to the plat thereof recorded March 21, 2000 as Reception No. 560802. EXCEPTING THEREFROM that parcel conveyed in instrument recorded September 12, 2000 in Book 1207 at Page 196. Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, Colorado 81650 Telephone: (970) 625-3300 Facsimile: (970) 625-3305  Page 2 May 23, 2019 As appears from the recorded documents in the Garfield County Clerk and Recorder’s Office we examined for the above described parcel, and subject to reservations, exceptions and conditions contained in the United States Patent, easements, rights of way, liens, encumbrances, rights of parties in possession, liens, if any, of mechanics and materialmen, zoning and subdivision regulations, and any state of facts which an accurate survey would disclose, title to the minerals is vested in the following: Mineral Rights Owners Christene M. Johnson, formerly Christene M. Overacker 9320 County Road 320 Rifle, Colorado 81650 Michael Wade Johnson 9618 County Road 320 Rifle, Colorado 81650 Although we deem this information to be reliable, is not to be construed as an abstract of title, nor an opinion of title, nor a guaranty of title, and the Companies’ liability is limited to the amount paid for the mineral examination. The effective date of this mineral title analysis is May 15, 2019. If you have any questions regarding this analysis, please contact me. Sincerely, Patrick P. Burwell Patrick P. Burwell Commonwealth Title Company of Garfield County, Inc. 127 E. 5th Street Rifle, CO 81650 Phone (970) 625-3300 / Fax (970) 625-3305 1322 Grand Avenue Glenwood Springs, CO 81601 Phone (970) 945-4444 / Fax (970) 945-4449 Date: July 30, 2019 File No. 1907080 Property Address. 9618 County Road 320, Rifle Tax Information Michael Johnson and Xiomy Jacquelyn Johnson Email: Closing Contacts Glenwood Springs office - 970-945-4444 Linda Gabossi - linda@cwtrifle.com Connie Rose Robertson - connie@cwtrifle.com Rifle office - 970-625-3300 Denna Conwell - denna@cwtrifle.com Patti Reich - patti@cwtrifle.com COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 1907080 1. Effective Date: July 19, 2019 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) N/A Proposed Insured: A Purchaser To Be Determined (b) ALTA LOAN POLICY (ALTA 6-17-06) Proposed Insured: 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: Michael Johnson and Xiomy Jacquelyn Johnson 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: A tract of land situated in Section 20, Township 6 South, Range 93 West of the 6th P.M. in Garfield County, Colorado and being more particularly described as follows: Beginning at a point on the Southerly right-of-way line of County Road No. 320, from which the corner common to Sections 19, 20, 29 and 30 in said Township and Range bears South 32°13'38" West a distance of 924.30 feet; said point of Beginning being also the Northeast Corner of that 2 acre exception fully described in Book 292 at Page 321 Garfield County records: thence North 58°13'56" East and along said Southerly right-of-way line a distance of 635.20 feet; thence North 58°39'59" East and continuing along said Southerly right-of-way line a distance of 302.18 feet to a point on the East line of the SW¼SW¼ of said Section 20; thence South 00°32'55" East and along said East line a distance of 834.30 feet; thence North 76°56'19" West a distance of 717.50 feet to the Southeast Corner of said 2 acre exception; thence North 30°42'06" West and along the Easterly line of said 2 acre exception a distance of 209.98 feet more or less to the Point of Beginning. Also known as Lot 3 Johnson Taughenbaugh Mesa Exemption According to the plat thereof recorded March 21, 2000 as Reception No. 560802. TITLE CHARGES Informational Commitment $167.00 COUNTERSIGNED: ___________________Patrick P. Burwell_____________________________ Authorized Officer or Agent Valid Only if Schedule B and Cover Are Attached American Land Title Association Issuing Agent: Schedule A Commonwealth Title Company of Garfield County, Inc. (Rev'd 6-06) 127 East 5th Street Rifle, CO 81650 File No. 1907080 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. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. This is an informational only commitment and no policy will be issued hereunder. 5. Receipt of satisfactory Improvement Survey Plat certified to the Company (i) prepared from an on-the-ground inspection by a registered land surveyor licensed in the State of Colorado; (ii) currently dated, showing the location of the Property and all improvements, fences, easements, roads, rights-of-way and encroachments or other matters identified in Schedule B - Section 2 of this Commitment, to the extent such matters are capable of being shown, (iii) containing a legal description of the boundaries of the Property by metes and bounds or other appropriate legal description; and (iv) meeting the criteria of Colorado Revised Statute 38-51-102(9), as amended, for an Improvement Survey Plat. NM 6 American Land Title Association Commitment Schedule B - Section 1 - Form 1004-5 DISCLOSURES Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph F provides: "Whenever a title entity provides the closing and settlement service that is in conjunction with the issuance of an owner's policy of title insurance, it shall update the title commitment from the date of issuance to be as reasonably close to the time of closing as permitted by the real estate records. Such update shall include all impairments of record at the time of closing or as close thereto as permitted by the real estate records. The title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title commitment, for all undisclosed matters that appear of record prior to the time of closing." Provided Commonwealth Title Insurance Company of Garfield County, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. This Notice is required by Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph G. Pursuant to Colorado Division of Insurance Regulation 8-1-2, notice is hereby given that affirmative mechanic's lien protection for the prospective insured owner may be available 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 may have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive appropriate affidavits indemnifying the Company against all unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A through C above is subject to such additional requirements or information as the Company may deem necessary; or, at its option, the Company may refuse to delete the exception. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph M. Pursuant to Colorado Division of Insurance Regulation 8-1-3, notice is hereby given of the availability of a Closing Protection Letter which may, upon request, be provided to certain parties to the transaction. Pursuant to C.R.S. §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 may be obtained from the County Treasurer's authorized agent; 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; and D) The company will not issue its policy of policies of title insurance contemplated by the commitment until it has been provided a Certificate of Taxes due from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right, and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform. Pursuant to C.R.S. §10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 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. If the transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. §39-22-604.5 (Nonresident withholding). Pursuant to C.R.S. §38-35-125(2), no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph J. "Good Funds Law" C.R.S. §39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee and Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the same as the property address) be included on the face of the deed to be recorded. File No. 1907080 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 May 15, 1903 in Book 56 at Page 477. 10. Reservation of one-half of all mineral and mineral rights in or underlying said lands with the right of ingress and egress to prospect for, mine and remove said minerals as reserved by T.E. McClintock in deed recorded October 11, 1944 in Book 214 at Page 295, and any interests therein or assignments thereof. 11. Right of way for the Taughenbaugh Ditch, its enlargements and laterals insofar as it may affect subject property. 12. Terms and conditions of Oil and Gas Lease by and between David M. Johnson and Anna R. Johnson and Petrogulf Corporation as described in instrument recorded May 14, 2001 in Book 1252 at Page 513. 13. Easements, rights of way and other matters disclosed on the Johnson Taughenbaugh Mesa Exemption plat recorded March 21, 2000 as Reception No. 560802. 14. Easement granted to Laramie Energy II, LLC as evidenced by amended surface use and easement agreement by and between Christine M. Overacker and David M. Johnson and Anna R. Johnson and Laramie Energy II, LLC recorded September 18, 2007 as Reception No. 733351. 15. Pipeline right-of-way easement granted to Laramie Energy II, LLC as described in document recorded October 30, 2007 as Reception No. 736359. 16. Terms and Conditions of Surface Use Agreement recorded April 6, 2006 in Book 1787 at Page 372. 17. Right-of-way Easement granted to Holy Cross Energy in instrument recorded December 31, 2007 as Reception No. 740328. 18. 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 and the date on which all of the Schedule B, Part 1-Requirements are met. NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN THE 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 COMMONWEALTH TITLE COMPANY PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: •Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means. •Information about your transactions with us, our affiliated companies, or others; and •Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Commonwealth Title Company of Garfield County, Inc. 127 E. 5th Street Rifle, CO 81650 Phone (970) 625-3300 / Fax (970) 625-3305 1322 Grand Avenue Glenwood Springs, CO 81601 Phone (970) 945-4444 / Fax (970) 945-4449 Date: May 21, 2019 File No. 1905068 Property Address. 55 County Road 317, Rifle Tax Information Listing Agent Integrated Mountain Properties 1001 Grand Avenue GLENWOOD SPRINGS, CO 81601 Attn: Misty Briscoe Garcia Email: mistybgarcia@yahoo.com Seller Buyer Anna R. Johnson Email: A Purchaser To Be Determined Closing Contacts Glenwood Springs office - 970-945-4444 Linda Gabossi - linda@cwtrifle.com Connie Rose Robertson - connie@cwtrifle.com Rifle office - 970-625-3300 Denna Conwell - denna@cwtrifle.com Patti Reich - patti@cwtrifle.com COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 1905068 1. Effective Date: May 15, 2019 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) N/A Proposed Insured: A Purchaser To Be Determined (b) ALTA LOAN POLICY (ALTA 6-17-06) Proposed Insured: 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: Anna R. Johnson 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: See Attached Exhibit "A" TITLE CHARGES Informational Commitment $167.00 COUNTERSIGNED: ___________________Patrick P. Burwell_____________________________ Authorized Officer or Agent Valid Only if Schedule B and Cover Are Attached American Land Title Association Issuing Agent: Schedule A Commonwealth Title Company of Garfield County, Inc. (Rev'd 6-06) 127 East 5th Street Rifle, CO 81650 File No. 1905068 EXHIBIT "A" A tract of land situated in Sections 19, 20, 29 and 30, Township 6 South, Range 93 West of the 6th P.M. in Garfield County, Colorado, and being more particularly described as follows: Beginning at a point where the Easterly right-of-way line of County Road 317, and the West line of the NE1/4NE1/4 of said Section 30 intersect, and from which the Section Corner common to Sections 19, 20, 29 and 30 in said Township and Range bears North 74°08'56" East a distance of 1357.92 feet; thence North 54°16'34" East and along said Easterly right-of-way line a distance of 432.60 feet; thence North 47°13'34” East and continuing along said Easterly right-way line a distance of 143.63 feet to a point on the Southerly right-of-way line of County Road No. 320; thence North 59°00'07" East and along said Southerly right-of-way line a distance of 544.14 feet; thence South 30°59'53" East a distance of 392.04 feet; thence 59°00'07" East a distance of 300.00 feet; thence North 62°43'27" East a distance of 492.58 feet; thence North 16°11'49" East a distance of 310.00 feet to the Southwest Corner of a 2 acre exception fully described in Book 292 at Page 321 Garfield County recorded; thence South 76°56'19" East a distance of 717.50 feet to a point on the East line of the SW1/4SW11/4 said Section 20; thence South 00°32'55" East and along said East line of said SW1/4SW1/4 a distance of 422.27 feet to the West 1/16 Corner common to said Sections 20 and 29; thence North 89°15'22" East and along the North line of the NE1/4NW1/4 said Section 29 a distance of 1303.13 feet to the Quarter Corner common to Sections 20 and 29; thence South 01°39'20" East and along East line of said NE1/4NW1/4 Section 29 a distance of 1320.79 feet to the North 1/16 Corner on the N/S centerline of said Section 29; thence South 89°20'42: West and along the South line of said NE1/4NW1/4 Section 29, a distance of 1307.92 feet to the Northwest 1/16 Corner of said Section 29; thence South 89°20'42" West and along the South line of the NW1/4NW1/4 of said Section 29 a distance of 1307.93 feet to the North 1/16 Corner common to said Sections 29 and 30; thence South 89°26'34" West and along the South line of the said NE1/4NE1/4 Section 30 a distance of 1316.36 feet to the Northeast 1/16 Corner of said Section 30: thence North 01°06'43" West and along the West line of said NE1/4NE1/4 Section 30 a distance of 958.39 feet to the Point of Beginning. EXCEPTING THEREFROM that parcel conveyed in instrument recorded September 12, 2000 in Book 1207 at Page 196. Also described as: Lot 4 Johnson Taughenbaugh Mesa Exemption According to the plat thereof recorded March 21, 2000 as Reception No. 560802. EXCEPTING THEREFROM that parcel conveyed in instrument recorded September 12, 2000 in Book 1207 at Page 196. File No. 1905068 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. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. This is an informational only commitment and no policy will be issued hereunder. 5. Receipt of satisfactory Improvement Survey Plat certified to the Company (i) prepared from an on-the-ground inspection by a registered land surveyor licensed in the State of Colorado; (ii) currently dated, showing the location of the Property and all improvements, fences, easements, roads, rights-of-way and encroachments or other matters identified in Schedule B - Section 2 of this Commitment, to the extent such matters are capable of being shown, (iii) containing a legal description of the boundaries of the Property by metes and bounds or other appropriate legal description; and (iv) meeting the criteria of Colorado Revised Statute 38-51-102(9), as amended, for an Improvement Survey Plat. NM 6 American Land Title Association Commitment Schedule B - Section 1 - Form 1004-5 DISCLOSURES Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph F provides: "Whenever a title entity provides the closing and settlement service that is in conjunction with the issuance of an owner's policy of title insurance, it shall update the title commitment from the date of issuance to be as reasonably close to the time of closing as permitted by the real estate records. Such update shall include all impairments of record at the time of closing or as close thereto as permitted by the real estate records. The title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title commitment, for all undisclosed matters that appear of record prior to the time of closing." Provided Commonwealth Title Insurance Company of Garfield County, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. This Notice is required by Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph G. Pursuant to Colorado Division of Insurance Regulation 8-1-2, notice is hereby given that affirmative mechanic's lien protection for the prospective insured owner may be available 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 may have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive appropriate affidavits indemnifying the Company against all unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A through C above is subject to such additional requirements or information as the Company may deem necessary; or, at its option, the Company may refuse to delete the exception. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph M. Pursuant to Colorado Division of Insurance Regulation 8-1-3, notice is hereby given of the availability of a Closing Protection Letter which may, upon request, be provided to certain parties to the transaction. Pursuant to C.R.S. §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 may be obtained from the County Treasurer's authorized agent; 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; and D) The company will not issue its policy of policies of title insurance contemplated by the commitment until it has been provided a Certificate of Taxes due from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right, and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform. Pursuant to C.R.S. §10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 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. If the transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. §39-22-604.5 (Nonresident withholding). Pursuant to C.R.S. §38-35-125(2), no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph J. "Good Funds Law" C.R.S. §39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee and Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the same as the property address) be included on the face of the deed to be recorded. File No. 1905068 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. Note: This exception will be deleted on the final policy upon compliance with the requirements herein. 2. Easements, or claims of easements, not shown by the public records. Note: This exception will be deleted on the final policy upon compliance with the requirements herein. 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. Note: This exception will be deleted on the final policy upon compliance with the requirements herein. 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. Note: Exception No. 4 will be deleted upon receipt of Final Affidavits and Agreements indemnifying the Company against unfiled mechanic's and materialmen's liens. 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. Note: Exception 5 will be deleted on the final policy if Commonwealth Title Company of Garfield County, Inc. closes the proposed transaction and records the applicable instruments of conveyance. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. Note: Exception 6 will read: "General taxes and assessments for the year 2019 and thereafter, not yet due and payable." on the final policy if Commonwealth Title Company of Garfield County, Inc. closes the proposed transaction. 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 way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded March 8, 1913 in Book 92 at Page 262. 10. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded May 15, 1903 in Book 56 at Page 477. 11. Reservation of one-half of all mineral and mineral rights in or underlying said lands with the right of ingress and egress to prospect for, mine and remove said minerals as reserved by T.E. McClintock in deed recorded October 11, 1944 in Book 214 at Page 295, and any interests therein or assignments thereof. 12. Right of way for the Taughenbaugh Ditch, its enlargements and laterals insofar as it may affect subject property. 13. Terms and conditions of Oil and Gas Lease by and between David M. Johnson and Anna R. Johnson and Petrogulf Corporation as described in instrument recorded May 14, 2001 in Book 1252 at Page 513. 14. Easements, rights of way and other matters disclosed on the Johnson Taughenbaugh Mesa Exemption plat recorded March 21, 2000 as Reception No. 560802. 15. Easement granted to Laramie Energy II, LLC as evidenced by amended surface use and easement agreement by and between Christine M. Overacker and David M. Johnson and Anna R. Johnson and Laramie Energy II, LLC recorded September 18, 2007 as Reception No. 733351. 16. Pipeline right-of-way easement granted to Laramie Energy II, LLC as described in document recorded October 30, 2007 as Reception No. 736359. (Continued) File No. 1905068 SCHEDULE B - SECTION 2 (Continued) 17. Right of way Easement granted to Holy Cross Energy in instrument recorded December 31, 2007 as Reception No. 740328. 18. Conveyance of Twenty Five percent (25%) of all oil, gas and other minerals as described in Mineral Deed to Christene M. Johnson recorded November 10, 2008 as Reception No. 758431, and any and all assignments thereof or interests therein. 19. Conveyance of Twenty Five percent (25%) of all oil, gas and other minerals as described in Mineral Deed to Michael Wade Johnson recorded November 10, 2008 as Reception No. 758432, and any and all assignments thereof or interests therein. 20. Right of way Easement granted to Holy Cross Energy in instrument recorded August 25, 1998 in Book 1085 at Page 390. 21. Terms and conditions of Water Well Agreement recorded August 8, 1979 as Reception No. 296329. 22. Easement contained in Warranty Deed recorded October 20, 1999 in Book 1156 at Page 289. 23. Garfield County Resolution No. 2000-23 recorded March 21, 2000 in Book 1177 at Page 843 and Resolution No. 2000-33 recorded May 2, 2000 in Book 1185 at Page 280. 24. Non-exclusive Easement and right-of-way contained in instrument recorded May 1, 2001 in Book 1250 at Page 1. 25. Terms and conditions of Easement Deed and Road Maintenance Agreement recorded September 28, 2001 in Book 1290 at Page 588, and Replacement Easement and Road Maintenance Agreement recorded April 14, 2008 as Reception No. 746413. 26. Terms and conditions of Memorandum of Surface Use and Easement Agreement recorded April 6, 2006 in Book 1787 at Page 372. 27. Easements Rights of way and all other matters shown on the Johnson Taughenbaugh Mesa Exemption Plat recorded March 21, 2000 as Reception No. 560802. 28. 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 and the date on which all of the Schedule B, Part 1-Requirements are met. NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN THE 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 COMMONWEALTH TITLE COMPANY PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: •Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means. •Information about your transactions with us, our affiliated companies, or others; and •Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Commonwealth Title Company of Garfield County, Inc. 127 E. 5th Street Rifle, CO 81650 Phone (970) 625-3300 / Fax (970) 625-3305 1322 Grand Avenue Glenwood Springs, CO 81601 Phone (970) 945-4444 / Fax (970) 945-4449 Date: July 8, 2019 File No. 1906088 Property Address. 59 County Road 317, Rifle Tax Information Listing Agent Integrated Mountain Properties 1001 Grand Avenue GLENWOOD SPRINGS, CO 81601 Attn: Misty Briscoe Garcia Email: mistybgarcia@yahoo.com Seller Buyer Richard A. Sheets Email: A Purchaser To Be Determined Closing Contacts Glenwood Springs office - 970-945-4444 Linda Gabossi - linda@cwtrifle.com Connie Rose Robertson - connie@cwtrifle.com Rifle office - 970-625-3300 Denna Conwell - denna@cwtrifle.com Patti Reich - patti@cwtrifle.com COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 1906088 1. Effective Date: July 1, 2019 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) N/A Proposed Insured: A Purchaser To Be Determined (b) ALTA LOAN POLICY (ALTA 6-17-06) Proposed Insured: 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: Richard A. Sheets 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: NW¼NW¼ of Section 29, Township 6 South, Range 93 West of the 6th P.M. TITLE CHARGES Informational Commitment $167.00 COUNTERSIGNED: ___________________Patrick P. Burwell_____________________________ Authorized Officer or Agent Valid Only if Schedule B and Cover Are Attached American Land Title Association Issuing Agent: Schedule A Commonwealth Title Company of Garfield County, Inc. (Rev'd 6-06) 127 East 5th Street Rifle, CO 81650 File No. 1906088 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. Release of record by the Public Trustee of the Deed of Trust from Richard A. Sheets for the use of SGB Corporation DBA WestAmerica Mortgage Company, showing an original amount of $432,295.00, dated October 31, 2008 and recorded November 5, 2008 as Reception No. 758241. Note: By instrument recorded June 26, 2013, as Reception No. 837199, said Deed of Trust was assigned to JPMorgan Chase Bank National Association and modified October 10, 2014 as Reception No. 854633. 2. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 3. Pay the agreed amount for the estate or interest to be insured. 4. Pay the premiums, fees, and charges for the Policy to the Company. 5. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. This is an informational only commitment and no policy will be issued hereunder. 6. Receipt of satisfactory Improvement Survey Plat certified to the Company (i) prepared from an on-the-ground inspection by a registered land surveyor licensed in the State of Colorado; (ii) currently dated, showing the location of the Property and all improvements, fences, easements, roads, rights-of-way and encroachments or other matters identified in Schedule B - Section 2 of this Commitment, to the extent such matters are capable of being shown, (iii) containing a legal description of the boundaries of the Property by metes and bounds or other appropriate legal description; and (iv) meeting the criteria of Colorado Revised Statute 38-51-102(9), as amended, for an Improvement Survey Plat. NM 6 American Land Title Association Commitment Schedule B - Section 1 - Form 1004-5 DISCLOSURES Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph F provides: "Whenever a title entity provides the closing and settlement service that is in conjunction with the issuance of an owner's policy of title insurance, it shall update the title commitment from the date of issuance to be as reasonably close to the time of closing as permitted by the real estate records. Such update shall include all impairments of record at the time of closing or as close thereto as permitted by the real estate records. The title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title commitment, for all undisclosed matters that appear of record prior to the time of closing." Provided Commonwealth Title Insurance Company of Garfield County, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. This Notice is required by Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph G. Pursuant to Colorado Division of Insurance Regulation 8-1-2, notice is hereby given that affirmative mechanic's lien protection for the prospective insured owner may be available 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 may have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive appropriate affidavits indemnifying the Company against all unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A through C above is subject to such additional requirements or information as the Company may deem necessary; or, at its option, the Company may refuse to delete the exception. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph M. Pursuant to Colorado Division of Insurance Regulation 8-1-3, notice is hereby given of the availability of a Closing Protection Letter which may, upon request, be provided to certain parties to the transaction. Pursuant to C.R.S. §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 may be obtained from the County Treasurer's authorized agent; 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; and D) The company will not issue its policy of policies of title insurance contemplated by the commitment until it has been provided a Certificate of Taxes due from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right, and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform. Pursuant to C.R.S. §10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 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. If the transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. §39-22-604.5 (Nonresident withholding). Pursuant to C.R.S. §38-35-125(2), no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph J. "Good Funds Law" C.R.S. §39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee and Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the same as the property address) be included on the face of the deed to be recorded. File No. 1906088 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 way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded March 8, 1913 in Book 92 at Page 262. 10. Reservation of one-half of all mineral rights by T.E. McClintock in Warranty Deed recorded October 11, 1944 in Book 214 at Page 295 and any and all assignments thereof or interests therein. 11. Easement granted to Public Service Company of Colorado as Described in instrument recorded November 3, 1959 in Book 321 at Page 318. 12. Right -of-way easement granted to Holy Cross Energy as described in instrument recorded August 25, 1998 in Book 1085 at Page 390. 13. Reservation of all oil, gas and other minerals and mineral rights by David M. Johnson and Anna R. Johnson in Quit Claim Deed recorded September 12, 2000 in Book 1207 at Page 196 and in Quit Claim Deed recorded May 1, 2001 in Book 1250 at Page 1 and any and all assignments thereof or interests therein. 14. Non-exclusive easement and right of way for ingress, egress, access, roadway and utility reserved in Quit Claim Deed recorded May 1, 2001 in Book 1250 at Page 1. 15. Terms and conditions set forth in Surface Use and Easement Agreement as evidenced by Memorandum recorded April 6, 2006 in Book 1787 at Page 374 as amended in instrument recorded September 18, 2007 as Reception No. 733351. 16. Pipeline right-of-way and easement granted to Laramie Energy II, LLC as described in instrument recorded October 30, 2007 as Reception No. 736361. 17. Easement described in Replacement Easement Road Maintenance Agreement recorded April 14, 2008 as Reception No. 746413, and all terms and conditions set forth therein. 18. 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 and the date on which all of the Schedule B, Part 1-Requirements are met. NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN THE 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 COMMONWEALTH TITLE COMPANY PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: •Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means. •Information about your transactions with us, our affiliated companies, or others; and •Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. 108 Eighth Street, Suite 401 Glenwood Springs, Colorado 81601 (970) 945-8212 June 19, 2019 Michael Johnson 9618 CR 320 Rifle, CO 81650 RE: Completeness Review Final Plat Amended Final Plat (FEXA-05-19-08733) Dear Mr. Johnson, Thank you for your application for a Final Plat Amendment to the Johnson Taughenbaugh Mesa Exemption. Our completeness review included input from the County Attorney’s Office and has identified several items that need to be addressed or clarified prior to a determination of technical completeness. The following items are required to be provided in order for the application to be considered complete and continued to the next review step: 1. All of the property owners with land within the proposed Plat Amendment must be included in the application. This means that deeds are required for each property owner; application form needs to be signed, or authorization forms for Michael Johnson to act as representative must be submitted by each property owner; and title work is required for all properties within the Plat Amendment. 2. Mineral notice needs to be provided for all properties within the proposed Plat Amendment. 3. If Lot 1 and Lot 2 are not being proposed for amendment, they do not need to be included within the boundary of the Plat Amendment. If removed from the Plat Amendment those owners, deeds and title work would not be necessary. 4. The plat title should be revised to reflect the specific lots which are being included within the Plat Amendment. Community Development Department 108 Eighth Street, Suite 401 Glenwood Springs, Colorado 81601 (970) 945-8212 5. On the proposed Plat define the original Exemption lot lines and easements which are proposed to be included in this Plat Amendment. Specify, both graphically and by annotation, which of these lot lines and easements will be amended and which will remain unchanged. Remove the quarter quarter section lines from the Plat Amendment. 6. Ensure that all easements defined in the title reports are illustrated on the Plat Amendment. 7. Add all utilized line types to the Plat Amendment legend. 8. Illustrating the location of existing improvements, such as dwelling units and wells, allows us to determine compliance of the proposed Amendment to zoning requirements, such as setbacks. There appears to be an additional (second) dwelling unit on existing Lot 4. Please include the location of these improvements on the Plat Amendment. 9. The original plat notes (1 – 9) specifying additional conditions and limitations for the original Exemption must be added to the Plat Amendment. 10. Provide a plat note that explains the purpose of the proposed Plat Amendment. The note should state something similar to the intent that Lot 3 and Lot 4 are being amended to reduce the size of Lot 4 and exclude a 79 acre portion of Lot 4 from the original boundary of the Johnson Taughenbaugh Mesa Exemption. 11. The Certificate of Ownership on the Plat Amendment must include all owners of the Plate Amendment property, including any illegally conveyed property. 12. Confirm that there are no additional lien holders on the included properties. If additional lien holders exist, they must be included on the Lien Holder Consent certification. 13. The Plat Amendment identifies the proposed Lot 4 has an address of 55 County Rd 317. It also identifies the address of the NE ¼ NW ¼ 39.549 acre parcel to be excluded from the Plat Amendment as 55 County Rd 317. Please verify that this is correct. Additionally, the Community Development staff offers the following list of potential issues which we suggest you consider when you address the above requirements: 14. The proposed subdivision boundary line would bisect the existing oil and gas pad. An Amended Surface Use Agreement accepting this bifurcation of surface ownership will be necessary prior to final approval. Consider adjusting the proposed southern lot line of Lot 3 so that it does not bisect the existing oil & gas well pad. 108 Eighth Street, Suite 401 Glenwood Springs, Colorado 81601 (970) 945-8212 15. Please verify acreages provided on Plat Amendment. Assessors records for lot sizes are not consistent with the stated acreages on the Plat Amendment. 16. Please verify that the future 39.549 acre parcel within the existing Lot 4 will have legal access if the proposed Amended Plat is approved. 17. The Community Development staff and Attorney’s Office are exploring the appropriateness of deeding out the eastern most 39.549 acre parcel, which is currently part of Lot 4, prior to the replatting. Once the above topics are addressed and resubmitted, we can finalize our completeness review, move to the next step in the review process and schedule a date for the Director’s Decision. Please note that the Garfield County Land Use and Development Code requires that the technical completeness issues be resolved within 60-days of the date of this letter. If not resolved in that timeframe, the application will be deemed withdrawn, unless a request for extension is submitted and approved. Please feel free to call or request a follow-up meeting to address any questions you may have regarding the above items. You may reach me at the Community Development Department at 970-945-1377. Sincerely, Vince Hooper, Planner III Garfield County Community Development Dept.