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Home My WebLink About1.00 General Application MaterialsSQUIRES MINOR SUBDIVISION Garfield County Colorado Parcel ID: 2177-191-00-135 1447 County Road 321 Rifle, CO 81650 Prepared May 17, 2021 Prepared By: Claire M. Noone, Esq. The Noone Law Firm, P.C. 1001 Grand Avenue Glenwood Springs, CO 81601 (970)945-4500 Prepared For: Jesse Squires Jr. 1447 County Road 321 Rifle, CO 81650 (970) 274-9082 TABLE OF CONTENTS Pre-Application Conference Summary……………………………………………..…………..3 4-203.B.1 Application Form……………………………………………………………………..9 4-203.B.2 Ownership Information……………………………………………………….…….12 4-203.B.3 Property Owners Within 200’ and Mineral Owner and Lessees………………...15 4-203.C Vicinity Map…………………………………………………………………….……..16 4-203.B.4 Payment Agreement Form …………………………………………………………18 4-203.B.5 Project Description………………………………………………………...………..19 4-203.D Site Plan/Landscape Plan……………………………………………………………..25 4-203.E Grading and Drainage Plan………………………………………………………..…25 4-203.M Water Supply and Distribution Plan………………………………………………..25 4-203.N Wastewater Management Plan…………………………………………………….... 25 5-301. Minor Subdivision Review……………………………………………………………...26 C. Review Criteria…………………………………………………………………..….26 5-402.F Proposed Minor Subdivision Plat…………………………………………....Exhibit G 5-402.I Codes, Covenants, and Restrictions………………………………………….………25 DIVISION 1. GENERAL APPROVAL STANDARDS 7-101. Zone District Use Regulations……………………………………………………22 7-102. Comprehensive Plan and Intergovernmental Agreements……………………….22 7-103. Compatibility………………………………………………….………………….22 7-104. Source of Water……………………………………………………………….….22 7-105. Central Water Distribution and Wastewater Systems……………………………22 7-106. Public Utilities……………………………………………………………………23 7-107. Access and Roadways…………………………………………...……………….23 7-106. Use of Land Subject to Natural Hazards…………………………………………23 7-109. Fire Protection…………………………………………………………………....23 DIVISION 2. GENERAL RESOURCE PROTECTION STANDARDS 7-201. Agricultural Lands…………………………………………………….………….23 7-202. Wildlife Habitat Areas……………………………………………...…………….24 7-203. Protection of Waterbodies…………………………………………..……………24 7-204. Drainage and Erosion…………………………………………………….………24 7-205. Environmental Quality………………………...…………………………………24 7-206. Wildfire Hazards………………………………………………………………....25 7-207. Natural and Geologic Hazard………………………………………………….…25 7-208. Reclamation…………………………………………………………………..…..25 DIVISION 3: SITE PLANNING AND DEVELOPMENT STANDARDS 7.301. Compatible Design……………………………………………………….……….25 7-302. Off-Street Parking and Loading Standards……………………………………….25 7-303. Landscaping Standards…………………………………………………….……..25 7-304. Lighting Standards………………………………………………………………..26 7-305. Snow Storage Standards……………………………………………………….…26 7-306. Trail and Walkway Standards………………………………………………..…...26 Squires Minor Subdivision Application Page 1 of 28 DIVISION 4: SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS 7-401. General Subdivision Standards…………………………………………………...26 7-402. Subdivision Lots………………………………………………….………………26 7-403. Survey Monuments……………………………………………………………….26 7-404. School Land Dedication………………………………….……………….……...26 7-405. Traffic Impact Fees…………………………………………………………….....26 Squires Minor Subdivision Application Page 2 of 28 Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE-APPLICATION CONFERENCE SUMMARY DATE: Updated 3/29/21 TAX PARCEL NUMBER: 2177-191-00-135 OWNER: Jesse Squires REPRESENTATIVE: Claire Noone, Esq. PRACTICAL LOCATION: 1447 County Road 321 Rifle, CO 81650 TYPE OF APPLICATION: Minor Subdivision ZONING: Rural SIZE: 43.74 acres I.GENERAL PROJECT DESCRIPTION The applicant is proposing a minor subdivision to split the 43.74 acre property into two lots. The site is zoned Rural. The applicant should note that the minimum lot size in the Rural zone district is 2-acres. The property is currently improved with an existing single -family residence and associated agricultural structures that are served by the spring and OWTS (on-site wastewater treatment system). The applicant is proposing to serve the new lot with a shared spring and additional OWTS. The Subdivision requires a demonstration of legal and adequate water for both of the proposed parcels, Staff encourages the applicant to discuss the subdivision with the Division of Water Resources (DWR) (Contact Dwight Whitehead at the DWR at 970 -945-5665 ext. 5011) prior to submitting an application for subdivision with the County. In addition, a water quality test and spring production test will need to be conducted prior to application submittal in accordance with Section 4-203(M)(1)(b)(5). The applicant may request that water quality and quantity tests be conducted as conditions of approval. All conditions of approval must be completed within 90 days of approval or an extension requested. The subdivision cannot be finalized until all necessary conditions of approval are satisfied. Squires Minor Subdivision Application Page 3 of 28 The existing parcel is accessed directly from County Road 321. The proposed new parcel will need to demonstrate evidence of existing legal access through an easement on adjacent properties or determine a driveway access directly from County Road 321 by way of a permit from County Road and Bridge. All driveways and access roads need to conform to the dimensional requirements in Section 7-107 of the LUDC. The applicant will need to create a plat for the subdivision. The applicant’s Surveyors should insert Certificates as prescribed by the County for the necessary signatures. The plat will need to include all information as described in Section 5 -402(F), including the name and addresses of the surface owners and mineral estate. The applicant will also need to submit a title commitment for the subject property and ensure that the plat states that all easements and encumbrances identified in the commitment are accurately shown on the plat. Proof of ownership is required to process the application. The property owner, per County assessor records, will need to sign the application or provide a letter of authorization for anyone else who will be working on the Application. II.REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS •Garfield County Comprehensive Plan 2030 as amended •Garfield County Land Use and Development Code as amended o Section 5-301 – Minor Subdivision Review o Table 5-103 Common Review Procedures and Required Notice o Section 5-401 and Table 5-401 Submittal Requirements including preliminary engineering reports. o Section 5-402 Description of Submittal Requirements including Final Plat o Section 4-101 Common Review Procedures o Section 4-103 Administrative Review including Public Notice o Article 7, Divisions 1, 2, 3, and 4 as applicable III.SUBMITTAL REQUIREMENTS As a convenience, a summary of the submittal requirements for a Minor Subdivision Application is outlined below. These items are fully described as referenced in Table 5 -401 of the Land Use and Development Code. General Application Materials o Signed Application Form o Signed Payment Agreement Form and application fees o Proof of Ownership including the deed and updated Title Commitments for all properties and any information on lien holders A narrative describing the request and related information. The Application shall demonstrate that it meets the Review Criteria requirements set forth in Section 5-301 (section attached). Squires Minor Subdivision Application Page 4 of 28 Mineral rights ownership for the subject property (demonstrated through a search of Clerk and Recorders database and/or Assessor database, memo attached). Names and mailing addresses of property owners within 200 ft. of the subject property. Vicinity Map. The Proposed Minor Subdivision Plat showing the proposed lot lines, all easements and required certificates. Final Plat will need to meet the standards in Section 5-402(F) and all required certificates. Site Plan and related information (some may be shown on the proposed plat) including topography, existing improvements, infrastructure, irrigation ditches, and si gnificant features. The site plan should include information on location of improvements on the property adequate to confirm that no nonconforming conditions will result from the proposed subdivision. Water Supply Plan needs to include details on legal wat er (spring decree and/or draft contracts with Water Conservation District), spring production tests, and water quality tests. Waste-Water Treatment Plan needs to address any constraints including soils and demonstrate feasibility of installing OWTS on the proposed lots. Additionally, the applicant needs to supply a demonstration from a qualified professional that the existing OWTS is adequate and functioning. A waiver request from submittal of an Improvements Agreement , with reference to section 4-202.C of the LUDC. Copies of any covenants affecting the property need to be provided, if applicable. Information as applicable to demonstrate compliance with provisions of Article 7 Standards. The Application should include representation or statement that the subdivision will comply with all applicable Article 7 topics. It is recommended that a format that responds to each section be utilized for this section of the Application (see attached) Provide a demonstration from a qualified professional that the existing access meets Roadway requirements as detailed in Article 7-107 of the Land Use Code. Form and payment for the Colorado Geological Survey (CGS) review. The payment check for this referral should be made out to the Colorado Geological Survey Engineering Reports, as applicable per Table 5 -401, Minor Subdivision, A) Roads, Trails, Walkways, and Bikeways, C) Sewage Collection and Water Supply and Distribution System, E) Groundwater Drainage, and H) Preliminary Cost Estimates for Improvements A copy of this pre-application conference summary 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 Memory Stick). Both the paper and Squires Minor Subdivision Application Page 5 of 28 digital copies should be split into individual sections. Please refer to this pre-application summary for submittal requirements, listed above, that are appropriate for your Application. IV.REVIEW PROCESS The review process shall follow the steps contained in Table 5-103 and Section 4-103 for an Amended Final Plat and Administrative Review summarized as follows: Public Hearing(s): _X No Public Hearing (Directors Decision with notice per code) ___ Planning Commission ___ Board of County Commissioners ___ Board of Adjustment Referral Agencies: May include but is not limited to: Garfield County Surveyor, Garfield County Attorney, Garfield County Building Department, Garfield County Road and Bridge, Colorado Geological Survey, Colorado Parks and Wildlife, Division of Water Resources, Garfield County Environmental Health, Garfield County Squires Minor Subdivision Application Page 6 of 28 Vegetation Management, affected utility providers and holders of easements on the property. V.APPLICATION REVIEW FEES Planning Review Fees: $400 Referral Agency Fees: $ TBD ($600 Colorado Geological Survey, separate check -others To Be Determined) Total Deposit: $1,000 (additional hours are billed at hourly rate of $40.50) Disclaimer 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 and is valid for period of 6 months. Pre-application Summary Prepared by: ______________________________ March 29, 2021 Glenn Hartmann, Principal Planner Date Squires Minor Subdivision Application Page 7 of 28 Squires Minor Subdivision Application Page 8 of 28 Squires Minor Subdivision Application Page 9 of 28 Squires Minor Subdivision Application Page 10 of 28 Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION Minor Subdivision Preliminary Plan Amendment Major Subdivision Final Plat Amendment Sketch Preliminary Final Common Interest Community Subdivision Conservation Subdivision Public/County Road Split Exemption Yield Sketch Preliminary Final Rural Land Development Exemption Time Extension Basic Correction Exemption INVOLVED PARTIES Owner/Applicant Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ Representative (Authorization Required) Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ PROJECT NAME AND LOCATION Project Name: _____________________________________________________________________________________ Assessor’s Parcel Number: ___ ___ ___ ___ - ___ ___ ___ - ___ ___ - ___ ___ ___ Physical/Street Address: ________________________________________________________________ Legal Description: ______________________________________________________________________ _____________________________________________________________________________________ Zone District: ___________________________________ Property Size (acres): __________________ ^ƋƵŝƌĞƐDŝŶŽƌ^ƵďĚŝǀŝƐŝŽŶ ϮϭϳϳϭϵϭϬϬϭϯϱ ϭϰϰϳŽƵŶƚǇZŽĂĚϯϮϭ EtE͕EEt͖yWdWZ>K&>E Jesse Wade Squires Jr.970 274-9082 1447 County Road 321 Rifle CO 81650 N/A 1001 Grand Ave, Suite 207 970 945-4500 Glenwood Springs CO 81601 noonecm@gmail.com Rural 43.74 ✔ Claire Noone Project Description Existing Use: __________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Proposed Use (From Use Table 3-403): _____________________________________________________ Description of Project: __________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Proposed Development Area Land Use Type # of Lots # of Units Acreage Parking Single Family Duplex Multi-Family Commercial Industrial Open Space Other Total REQUEST FOR WAIVERS Submission Requirements The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: ______________________________ Section: _________________________________ Section: ______________________________ Section: _________________________________ Waiver of Standards The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: ______________________________ Section: _________________________________ Section: ______________________________ Section: _________________________________ I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. ______________________________________________________ __________________________ Signature of Property Owner Date OFFICIAL USE ONLY File Number: __ __ __ __ - __ __ __ __ Fee Paid: $_____________________________ Single Family Residental Two Single Family Residences Creation of two lots, one being +/- 5 Acres, and one being +/-38.75 Acres, each lot to have a single Two 06/08/2021 Squires Minor Subdivision Application Page 11 of 28 Squires Minor Subdivision Application Page 12 of 28 4-203.B.2 Ownership Information A Title Commitment has been included as Exhibit to this Application. The following deeds are below: 1.Special Warranty Deed dated October 2, 2013 between Betty Jean Squires and The Jesse Wade and Betty Jean Squires Revocable Trust dated June 28, 2000. 2.Beneficiary Deed, dated July 8, 2016 between Betty Jean Squires and Jessee Wade Squires Jr. Squires Minor Subdivision Application Page 13 of 28 Squires Minor Subdivision Application Page 14 of 28 Garfield County Land Explorer PARCEL PHYSICAL ADDRESS OWNER ACCOUNT # MAILING ADDRESS 217719200138 1205 321 County Rd., Rifle 81650 FLORES, RAYMOND J R084299 827 Randolph Avenue Rifle, Co 81650 217719200214 1159 321 COUNTY RD RIFLE 81650 CARNAHAN, JUSTIN P & CARLYNN S R024404 1159 County Road 321 Rifle, Co 81650 217719100499 1212 321 COUNTY RD RIFLE 81650 HERNANDEZ, JESSICA & JUAN MANUEL R009118 1212 321 County Rd Rifle 81650 217719100136 2037 321 COUNTY RD RIFLE 81650 SANDOVAL, MARY MARGARET & JONSSON, MARY MARGARET R024395 3278 Meade Street Denver, Co 80237 217719100316 187 SHOTGUN ST RIFLE 81650 ALLEMAN NICHOLAS CAMPBELL LLC R420682 Po Box 1103 Minturn, Co 81645 217718300958 Not available, RIFLE 81650 BUREAU OF LAND MANAGEMENT R222035 2300 River Frontage Road Silt, Co 81652 217719100133 Not available, RIFLE 81650 CITY OF RIFLE R420654 P.O Box 1908, Rifle Co 81650 Squires Minor Subdivision Application Page 15 of 28 Vicinity Map Squires Minor Subdivision Applicaiton Page 17 of 28 West side of property, looking East Middle of property, looking North East side of property, looking North West Squires Minor Subdivision Applicaiton Page 18 of 28 Squires Minor Subdivision Application Page 19 of 28 4-203.B.5 Project Description The Applicant is seeking approval of a Minor Subdivision of their property in western Garfield County near Rifle, Colorado. The subject property is 43.658 acres and is zoned Rural. The purpose of the subdivision is to divide the single parcel into two parcels, Lot 1 and Lot 2. The resulting parcels will be approximately 38.648 acres and 5.010 acres, respectively. The additional Lot created through he proposed subdivision would serve to enable to Squires family to build a home. This report demonstrates conformance with all applicable submittal requirements, County Codes, Goals and Policies. The site is zoned Rural and there is currently a driveway and small barn on lot 2. Squires Minor Subdivision Application Page 20 of 28 SQUIRES MINOR SUBDIVISION DIVISION 1: GENERAL APPROVAL STANDARDS Section 7.101: Zone District Use Regulations The subject property is currently zoned Rural, and the proposed minor subdivision will not change this. The Land Use Change shall comply with Article 3 Zoning, including any applicable zone district use restrictions and regulations. Section 7.102: Comprehensive Plan and Intergovernmental Agreements The proposed Subdivision is in general conformance with the Garfield County Comprehensive Plan and Complies with any applicable intergovernmental agreement. The proposed Minor subdivision in in conformance with the applicable zone district: Rural, minimum lot size 2 acres, with the proposed lot sizes as follows: Lot 2 –5.010 acres, and Lot 1 – 38.648 acres, which are all well above the minimum lot size allowed. The subject property is not located within any unincorporated community, or water and sewer service area, nor is there any regional center, town center, rural employment center or village center mapped in the area where the subject property is located. The County desires to retain the rural character of the area and the proposed subdivision would provide that with the creation of a mere two additional lots, in which agricultural and grazing uses can remain. As far as recreation, open space, and trails, the subject property is not bordered by any streams or rivers where fishing or rafting may occur. No significant visual impact is expected with the creation of the two lots. Section 7.103: Compatibility The nature, scale, and intensity of the proposed Minor Subdivision are compatible with adjacent land uses. Section 7.104: Source of Water Each proposed lot will have an adequate, reliable, physical, long term, and legal water supply to serve the use. Please see the attached Water Letter for a full description of the water. Section 7.105: Central Water Distribution and Wastewater Systems The proposed lots will each be served by a water distribution system that is adequate to serve the proposed use and density. There will be no central water distribution as each lot will have its own source, please see attached Water Letter referencing an adequate water supply. Squires Minor Subdivision Application Page 21 of 28 The proposed lots will each be served by wastewater systems that are adequate to serve the proposed use and density. The engineering firm SGM has prepared an Onsite Wastewater Treatment System (OWTS) plan for Lot 1 which accounts for the existing and proposed site constraints in accordance with the current Garfield County and Colorado Department of Health and environment standards. The existing residential home on Lot 2 has a septic system and therefore does not need any proposed OWTS. Please see attached OWTS Engineering Report for more information. Section 7.106: Public Utilities The only public utility the subject property and proposed lots will have is electricity as each lot will have its own water supply, wastewater system, and its own propane tank. There are existing power lines running along Hwy 321 with a transformer already on place Lot 2. Lot 1 will get its own transformer from a separate pole. Above ground electricity service lines will be brought from the existing poles to the proposed dwelling. Please see the attached Holy Cross Will Serve Letter, demonstrating adequate electricity to serve the land use. Section 7.107: Access and Roadways Each lot will have its own legal entrance and direct access to County Road 321. Lot 2 already has driveway in place, as shown in the attached Plat. Lot 1 shall have a driveway constructed to provide for adequate and safe access. Please see the attached permit from Garfield County Road and Bridge, there is adequate space for safe access to the county road on the south side of the property. Section 7.108: Use of Land Subject to Natural Hazards The subject land does not have the following natural and geologic hazards: falling rock, landslides, snow slides, mud flows, radiation, nor flooding. Preliminary soils evaluation for wastewater treatment prepared by qualified professional engineer for each lot is attached as OWTS Engineering Report. No extreme topography exists on the proposed parcel and no identified Geologic Hazards exist on the property. Section7.109: Fire Protection The subject property is located within the Rifle Fire Protection District and is not adjacent nor surrounded by forests. DIVISION 2: GENERAL RESOURCE PROTECTION STANDARDS Section 7.201: Agricultural Lands The proposed Minor Subdivision will not interfere with the ditch rights-of-way and have no adverse effect to agricultural operations. The Applicant of the proposed subdivision will ensure that the use of ditches, including maintenance, can continue uninterrupted where irrigation ditches cross or adjoin the land proposed to be developed. Squires Minor Subdivision Application Page 22 of 28 Section 7.202: Wildlife Habitat Areas The proposed Minor Subdivision is not in a Wildlife Habitat Area. The parcel currently has one residence, a barn and uses heavy equipment on site which will discourage any wildlife activity. Section 7-203. Protection of Waterbodies No waterbodies exist on the parcel. 4-203.D Site Plan/Landscape Plan No disturbance is planned for the property at the time of this submittal. A Site Plan with Existing Conditions has been included with the Plat as an Exhibit to this. Application. 4-203.E Grading and Drainage Plan The applicant agrees to provide a grading and drainage plan for any proposed new construction at the time of submittal for building permit. No disturbance is planned for the property at the time of this submittal. 4-203.M Water Supply and Distribution Plan A letter addressing Legal Water Supply from the Noone Law Firm, PC has been included as an Exhibit in this Application. 4-203.N Wastewater Management and System Plan SGM has prepared an onsite wastewater treatment system (OWTS) plan for Lot 1 which accounts for the existing and proposed site constraints in accordance with the current Garfield County and CDPHE standards. The existing residential home on Lot 2 has a septic system and therefore does not need any proposed OWTS. Section 7.204: Drainage and Erosion There are no drainage and erosion problems on the subject property. Please refer to the SGM Engineering Report included as an OWTS Engineering Report Section 7.205: Environmental Quality Air Air quality levels will not be reduced below acceptable levels with the creation of this minor subdivision. The planned use of the proposed subdivision does not anticipate hazardous material storage, but rather rural residential, as well as agricultural and grazing activities. Squires Minor Subdivision Application Page 23 of 28 Section 7.206: Wildfire Hazards The subject property is not located in any area designated as a severe wildfire Hazard Area with Slopes greater than 30% or within a fire chimney as identified by the Colorado State Forest Service. It is not surrounded by large trees and the proposed land use change does not increase the potential intensity or duration of a wildfire, nor does it adversely affect wildfire behavior or fuel composition. Roof materials shall be made of noncombustible materials or other materials as recommended by the local fire agency. The proposed building envelope is located in an area designated as Low Wildland Fire Susceptibility as shown on the Wildfire Susceptibility Map for Garfield County Colorado. The site is not on slopes greater than 30%. The applicant agrees to maintain vegetation control on the property to minimize any potential impacts from wildfire following State Forest Service guidelines for defensible space. Section 7.207: Natural and Geologic Hazards There will be no above-ground utility facilities located in Hazard Areas. The development is not in an Avalanche Hazard Area, nor is it in a Landslide Hazard Area, Rock fall Hazard Area, Alluvial Fan Hazard Area, nor does the subject property have slopes 20% or greater, nor is it in a Mudflow Area, nor over a Fault. Section 7.208: Reclamation This section does not apply to the proposed subdivision. No natural or manmade geologic hazards exist in the proposed Minor Subdivision. 7-208. Reclamation The applicant proposes no disturbance with this Minor Subdivision Application. Future owners of the proposed lots will be responsible for any reclamation following construction on their lots. DIVISION 3: SITE PLANNING AND DEVELOPMENT STANDARDS Section 7.301: Compatible Design Proposed subdivision is for single-family dwelling units, which are exempt from this section. Section 7.302: Off-Street Parking and Loading Standards Proposed subdivision is for single-family dwelling units, which are exempt from this section. Section 7.303: Landscaping Standards Proposed subdivision is for single-family dwelling units, which are exempt from this section. Squires Minor Subdivision Application Page 24 of 28 Section 7.304: Lighting Standards This section does not apply to the proposed subdivision. Section 7.305: Snow Storage Standards Proposed subdivision is for single-family dwelling units, which are exempt from this section. Section 7.306: Trail and Walkway Standards No recreational or community facilities are applicable to this Application. DIVISION 4: SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS Section 7.401: General Subdivision Standards There will not be common facilities for the proposed subdivision. There will be no protective covenants for the Subdivision and the resident of each unit will have to ensure their domestic animals remain within the boundaries of their property. Applicant is aware that open hearth, solid-fuel fireplaces are prohibited and that only natural gas burning stoves and appliances are allowed. The proposed development is not in a floodplain. Section 7.402: Subdivision Lots All proposed lots meet the applicable zone district requirements for lot area, width, frontage, depth, shape, location and orientation as stated in the Garfield County Land Use Code. Section 7.403: Survey Monuments The applicant agrees to have permanent Survey Monuments at all lot corners pursuant to C.R.S. § 38-51- 104 and §38-51-105. 5 Section 7.404: School Land Dedication The proposed subdivision is in the RE-2 school district, the applicant agrees to the payment in lieu for school land. Section 7.405: Road Impact Fees The Applicant understands that Traffic Impact Fees are applicable for future construction and are payable at the time of building permit. 5-301. Minor Subdivision Review C. Review Criteria. 1.It complies with the requirements of the applicable zone district and this Code, including Standards in Article 7, Divisions 1, 2, 3, and 4. Squires Minor Subdivision Application Page 25 of 28 See Division 1. General Approval Standards addressed in this Application. 2.It is in general conformance with the Comprehensive Plan. See Section 7-102, addressed in this Application. 3. Shows satisfactory evidence of a legal, physical, adequate, and dependable water supply for each lot. Squires Minor Subdivision See Section 4-203. Water Supply and Distribution Plan addressed in this Application. 4.Satisfactory evidence of adequate and legal access has been provided. See Section 7-107 Access and Roadways, addressed in this Application. 5. Any necessary easements including, but not limited to, drainage, irrigation, utility, road, and water service have been obtained. See the Draft Final Plat included as an Exhibit to this Application. 6.The proposed Subdivision has the ability to provide an adequate sewage disposal system. See Section 4-203.N Wastewater Management and System Plan. 7.Hazards identified on the property such as, but not limited to, fire, flood, steep slopes, rockfall and poor soils, shall be mitigated, to the extent practicable. See Sections 7-108, 7-109 and 7-207 addressing natural hazards on the property. 8.Information on the estimated probable construction costs and proposed method of financing for roads, water distribution systems, collection systems, storm drainage facilities and other such utilities have been provided. All Subdivision improvements are in place. 9.All taxes applicable to the land have been paid, as certified by the county Treasurer’s Office. The applicant agrees to this Criteria. 10.All fees, including road impact and school land dedication fees, shall be paid. The applicant agrees to this Criteria. 11.The Final Plan meets the requirements per section 5-402.F, Final Plat See Division 1. General Approval Standards addressed in this Application. A draft Final Plat has been included as an Exhibit to this Application. Squires Minor Subdivision Application Page 28 of 28 EXHIBITS: A.Title Commitment B.Engineering Report C.Legal and Physical Water Supply D.Plat and Site Plan E.Holy Cross Will Serve Letter F.Payment Agreement Form G.Summary of Taxes Due H.Mineral Rights I.Road Permit J.Geological Survey Submittal Form December 14, 2021 Glenn Hartmann Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 RE: Completeness Review Squires Minor Subdivision (MISA-6-21-8845) Dear Glenn: Thank you for your attention to the Squires Minor Subdivision (MISA-6-21-8845) Application (“Application”). Below are the enumerated responses to each item you raised in your July 28,2021 letter 1. Title Commitments need to cover both proposed lots. The Title Commitment submitted with the Application is for all of schedule # R024478 and what will be both of your purposed Lots 1 and 2. 2. Address for Ray Flores needs to be reviewed and corrected. The full and accurate physical and mailing address for neighbor RAYMOND J FLORES is 1205 COUNTY ROAD 321 RIFLE CO 81650. 3. The Application needs to address the steep slopes located on the northly portion of the site as reflected in the topographic details. This should be included in your responses to Section 7-207. The property has a moderate slope on the north side of the property and as such has a known natural and geologic hazard for erosions, soil, rock, and mud slides. The slope is and has historically been forested with native vegetation. The native vegetation will remain on the slope and continue to reduce the risk of slides. The proposed use of the parcels is limited to the southern half of the property and will not disturb the vegetation or soil stability on the slope. THE NOONE FIRM A PROFESSIONAL CORPORATION P.O.BOX 39 1001 GRAND AVENUE, SUITE 207 GLENWOOD SPRINGS, CO 81602 TELEPHONE: (970) 945-4500 FACSIMILE: (970) 945-5570 ROBERT M NOONE CLAIRE M NOONE RNOONE@NOONELAW.COM NOONECM@GMAIL.COM 4. Water Supply plan needs to address both lots with information provided on the existing water supply system including flow rates (in lieu of pump tests), pipeline locations/alignment, pipeline size, and water quality testing. Additional waivers may be appropriate. See Attached Requests for Waivers from Submittal Requirements. 5.Wastewater Management plan needs to address the existing OWTS system on the property, serving the existing home. Copies of county OWTS permits should be provided if available. See Attached Requests for Waivers from Submittal Requirements. 6. At least one copy of a full size scalable copy of the proposed plat needs to be provided, including the topographic information. Two Full Size Copies will be delivered on December 15, 2021. 7.A section on waiver requests is needed including responses to the Waiver Criteria in Sections 4-118 for Standards and 4-202 for Submission Requirements. Waiver requests appear to include See Attached Requests for Waivers from Submittal Requirements. 8.Responses to Section 7-201 need to include contact information for any irrigation ditch owners and the ditches and easements need to be shown on the draft minor subdivision plat. There are no irrigation ditches on either proposed parcel. Therefore, this Subdivision will not affect any ditch owners. Please contact me with any questions or concerns. Very truly yours, THE NOONE LAW FIRM A Professional Corporation By: ______________________________ Claire M. Noone noonecm@gmail.com SQUIRES MINOR SUBDIVISION Requests for Waivers from Submittal Requirements I.Waiver to Delay Drilling and Testing of the New Proposed Well. Applicant requests a Waiver to Delay Drilling and Testing of the New Proposed Well, pursuant to Section 4-202.C of the Land Use Change Permit. The Applicant seeks a timely commencement of the approval process and seeks that the water testing and drilling be done as a condition of approval. The project size, complexity, anticipated impacts of other factors support the waiver as it shall be done prior to the approval of the Subdivision. A proper and complete review shall be done prior to approval with the water testing demonstrating compliance with approval criteria. II.Waiver on Cost Estimates on Infrastructure Improvements. Applicant requests a Waiver on Cost Estimates on Infrastructure Improvements. At this time Applicant does not have plans for improvements or construction and is not applying for a Building Permit. At this time, the existing structures on the property are all that are planned. When it is appropriate, Applicant shall submit the necessary plans and information for approval. III. Waiver on Subdivision Improvements Agreement Applicant is requesting a Waiver from Submittal of an Improvements Agreement because no public improvements are required for this project. IV.Waiver to Delay Water Supply Plan Applicant requests a Waiver to Delay Water Supply Plan. The Applicant seeks a timely commencement of the approval process and requests that the complete Water Supply Plan be provided as a condition of approval. The Water Supply Plan currently addresses the new lot, Lot 1. The existing water supply system on Lot 2, will be prepared and include flow rates, pipeline locations/alignment, pipeline size, and water quality testing. V.Waiver to Delay Wastewater Management Plan Applicant requests a Waiver to Delay Water Supply Plan. The Applicant seeks a timely commencement of the approval process and requests that the complete Wastewater Management Plan be provided as a condition of approval. Documents and permits regarding the existing OWTS system that serves the home on Lot 2 shall be provided shortly. Ray's Well Ðcne Pump Service,. LLC .ri:l '' 'j¡ì i':.,1ì;;:. i-ii.i iì:;',.ii';;r1,i; 'i-:: i i Ray Latham November 3,2021 .Attn: Fhil Castine RE: Wett Test @ 1447 C.R 321/Rifte On 9/?9ftA21 a four hour wet[ test was conducted on a we[[ tocated at 1{47 C.R. 321/Rifte. The fotlowing information was obtained: Approx. Wett Depth !.!.i...,.. Casing S12e..,......... Stattc Water Level.. Total Test Time....,..... .......4 hours Draw Down ..6s',Productton .....15.0 GPM Wett Recovery...,..,,....." ....65-5561- 1Û rnin Test Purnp ......1 HP Remarks: A flow test wäs also conducted for the spring to a 1,000 gallon cistern w/ a continuous flow of 3 GPM. Wel.t production may vary throughout a calendar year^ lf there are any questions rega¡ding this wetL test, please contaet. me. Sincerety, & Ray Latham Ray's Welt Done Pump Service, LLC 970-379-8017 wgLldcnepu mFs @ gma it.cort tic.# 1419 P,0. 8ox 863 Rifls, CO 8165S 970-37*8017 welldonepumps@gmail.com L¡.. ,+1419 ß&tffiffiffi Colorado Department of Public Health and Environrnent t100 Lowry Blvd- Denver, CO 80230 Tel: 303-69231190 Fax 303{4.4-9989 Analysis Repoñ Workorder: 2656969 Well Water Chamical Testing Client: Profile: Sampled By: RAYS WELL DONE PUMP SERV Well Water Chemical Testing RAY LATHAM ReportTo: RAYLATHAM PO BOX 863 Rifle, CO 81650 $atnpla,,Sufnrh.ãfy. Analyes ReportedLåb lD Sample lD 2101862999 273-32 2101862399 273-s2 2'101862see 273-32 ?1 01 862S9S''' ' '' :'. ': re:r01962ws.' 2101862999 273-32 .2rc-t2 273-32 Sample WateÌ Water Weter Water Wâtêr Water Wqler Water llethod D 3739{3 EpA 200.7 EPA 300.0 NA '': sM2320 Ê . SM 25,IOB t*05¡çr¡+n. ,, Total ôoÍ¡form and E. coli P/A Date Collected Date Recelvod 09/2912021 09:00 09/30/2021 12:15 0S/29/2021 0S:00 Ogl3Ol2O21 12:15 09/29/2021 09:00 O9t3Ot2D21 12:15 091t012021 12'.1509/29i2021 09100 0ef2s1202r q9:0ü 09123/2021 09:00 .09i30/'2021¡ 12:15 , O9l3Ot2O21 12:15 ,098-9/202f ,0C0t :, 09/30/2021 12;15 , , . '' l :' 2101862993 273-32 091æ12021 09'oø O9l3Ql2O21 12:15 b Scientific Director Nofe: Ihe sarnp/es were tested as received from the customer and the resulfs in this report relate only to the samples fesfed. ¡,lJ?l'.njirt,.i.f:Ëiì!:öi¡:ríl.r¡,1:irål¡¿:Llùirr,:ií::lriii¡,ii1Ìì1:.:(:t¡t¡.ìpr:tiif:,:r'C ¿lct = i.:l:,1.r1Jri ::,),,lií'i:^ir¡t |.r..:: i:çr tË.Å ¡ei;r:;:,: r,,:¡. ¡âg/1, - r:iít!'t.¡!,1' :rrr lii{r; i¡i:íÌi. ¿rg.if' r,:i.::t):j.?!rs lrtr i,!û¡ :i)í)iì, Fleçrrrt iü: .î ?Sgtì¡iÏ f- r! ûðy. iJctîiii{i. ?ìi. ]¿'i1.1 j ù:39: 3ô i\lv Fagi: i 11 4 HORIZON 13.:,0 ß@t cor"oRÀoo l¡lorßr, 8ar9¡¡ô D¡91t1ô D.?.ffifaùk¡sÒoM Colorado Depaftment of Public Health and Environment 8t00 Lowry Elvd. Denver, CO û0230 Tet 303-692-30911 Far: 303-3¡14-9gtg Analy€isÊÊBCIrt Workorder: 2656969 Well Water Chemical Testing :. : I -.. ::,..r......::..t ... ¡.... ì1,.i... HUMAN HEALTH Açenic, Cadmium, Copper, Lead, Fluoride, Nitrate/Nitrite cofic€ntrat¡ons are below EPA health-based standards, Menganese, Zinc, pH, Solids- Dissolvêd, Sulfâte ând Chloride levels rneet EPA aesthetic-based slandards. Basod on these results, it is slrongly recommended that you use another source of water for drinking and cooking or treat ft¡s watel to reduce the level of Uranium. The quality of thê wâter would be improved if ¡t was tr€ãted for lron. 9lPl :. ¡,tiii .prre: ïi:Bii.:irî i..irÌji: ôâ¿ .. ijè;i/,'it,antiì:n i_¡iìii: ' : i.íf!r1er.i:-,rp¡:rr(l ¡fC¿ - ¡:'1-',t',r:r¡. í-ìiì;tlJfiir¿úil!:lt: i le! iír¡tr -,:;¡,Í¡::¡r:s t gii- " trt¿r|aqrlt /¿.' i¡lrí i.Þil!Ì1, aríré r ii::l(r:ria:,'¡ì pÈr i;ter r!,:l i Hepørt iú: 4'lligü*? i:r¡rtiry. Ocl.r)bfir 'i.'¿. 2fr21 i í,;s$::lì¡i ,qM Flg'.: ? ..-ri 4 HORIZON' r.1 3Ð,i ß@t COIORADOr¡ùonhy!.¡vic.D¡e¡,im Colorado Department of Public Health and Environment 8100 Lowry Bþd. Denver, CO 80230 TeI 303{92-3090 Fax: 3033,f4'99E9 Analysis Report Workorder: 2656969 Well Water Chemical Testing I r: . : Sample,Reqults, ' , r ;' ',i '' l :. : Lab lD: Date Collected: oate Rece¡ved: Dercrlpllon: 2101862999 Sample lD: 09/29/2021 09:00 Collection $ite: 0913012021 12'.15 Site Descrlptlon: 1447 CR 321 LOT'1 RTFLE CO 273-32 1447 CR 321 LOT 1 RrFtE CO SamphType: Water Rcaults Units irRL ftlcL DF Frepared *''.,'li fÉôÍ;xf"¡JCi.. +';ti'.t-ri,,:,it1',, :. Lead <0.o01 0.001 .015 l0/19X202f û9:4E Cadmium <0.001 0,001 .005 ßt19t2021 g9:44 t_.... r--.. j::.:,:.j,) ::.::!..,i",:j_: :. Paramêtar Fluor¡de Analr¡ed Qual CoLIFORM P/A AESENT 1 10/0112071 13:.48 1ù10112021 '13:,48 A COLIFORM P/A resurl of i BSË rTb indtcatæ a microb¡ologlcaily sate sam{e, ColtÍoñ was aþsent or less than one(<l) Coliform per 100 ml. Calcium zG-A mg/L 0.ûl 1 10/0612O21 13:51 1OlO7t2O21 't5:81 ..t. lron 1.5ı mg/L 0.002 .3 I 10/06 12O21 13:51 1tOtO7t2O2115:01 staìns, iron bâcletia Ðnd discolored bevenges Manganese 0,0145 mg/L o,oo2 .05 1 fit0612021 13:51 1ofo7ln21 16io1 : .i. :'. Zinc <0.01 mgil 0.01 5 I 1Oß612021 13:51 10/07/2021 15:01 10t1912O21 15:47 1011912O21 15:47 1 :tO4etamt og:lt :1út7Ð/2021 1,5'.47 .' 0.¡l¡16 mSiL 0.25 4 1OlO7l2O21 15:19 Chlorld6 Ei8?, . .. mdL.. .:2.5., ,10/O7r20S1 15:40 Sulfate 66.¡l mg/L 1.25 1O1Q712021 15:49 101O712O21 15:49 Cor¡oslvlty 0.400 10/18t/2021 09:16 10/19202t 09:16 The Cotroslvllyr ,ndev ¡s betr¡/êên .Ò.5 and 0.5, which indicatos lhat thê water ¡s nearly balanced (wi| not detedorðle pluñbíng or càuse scale buiU-upI À temþerature of l5 degreas ôelsius (59 degraes Faftrenlref$ has öean assumâd fô¡ the Êalculat¡on of tronw¡vily- Conasiv¡ty ¡s tampeÞlure dependent and wlll increase with an increase in water temperature, ItfÂL - ¡,ìr,rrtrf; Êëü¿.:;rq i ir'alì: .ùDt ! 5giì$., rl!rù(:;.i!1 i i'¡;i: ' : i:atñÊ'1ì ìitÍ:¡llaÍ LlCi " lr¿l¡irr:rlil t¡t.ìiiui:,-rlt4i Ì,14' ;iiri FP.l i¿lr:,¡i'o¡.;' t¡!*'- - ':ti,t¡t-¡'tlz: re" i;:r :curl..ugiL rtt:.::titi:.tt:: aer ìiler ilii,ìr' Re¡;cri ib : .t'll¡9ri$;' i" ¡iC*v, í)ct¡l:+¡ r: ¿ . ?C'I: i i ii ::l.i' lif ¡,14 trai;e iì ci .'í HORIZON ß@i*Hffiffi Colorado Department of Public Health and Environment El00 Louny Blvd. Denver, CO80230Tel: 303-6S2-3090 Fax: 303{44€980 Analysis Report Workorder: 2656969 Well Water Chemical Tasting Dissolved Solids 520 mg/L 10 500 1 10/0512021 15:.23 1ÐlO5l2O21 15.23 Iots/ DhÊo/y6d Sofds resul¡ e¡ceeds the Nailonal Seconda¡y Drinking Water standards t¡m¡t. Polent¡aÍ sympto¡ns includê hêrdñess orscaþ deposits, sediment, cloudy or colorcd wale|, odot, sta¡ning, salty or biller fastê. f¡nganlcsiE?/l2û0.?¡'' '' ,' '-, . ., ' Hardness by sM 23408 227 ä:åt"i 80 Ihe ha¡dness ¡esult ¡ndlcates hatd wëIer. Porenl¡al slyr,¡lptoms ¡nclude scaly rssidues and soap scum, dacrøasød cleaning Eof,bn of soaps and dèteryenls. 10106/2021 13:5,l '10/06l?021 ll rlS 1ô101J2021 10,26 1Olô712ù21 15:.Ð1 1UO6nt21 11:19 101O112021 1O:26 Nitraie-Nitrite (N)1.31 mg/L as N 0-05 10tt7t2Q21 13,t0 1OlO7l2O21 13:-10 Sodium Adsorption Ratio 2.95 mglL 10/18/2021 09126 1}l1gl2021 09:26 sÐdiuñ Adsorption Rafe lSÁR¡ of 1 -g: Use on sodiurn sensifrve crops must þe cautioned. Atkatinity Totat 41r iagåt"9.' 20 r 10/01 t2ø21 10.26 1ot0112}21 10:26 Conductlvlty 850 uÉ/Ëm 10 1 pH 8.12 Units c.1 8.5 I Ittis fesl as co¡,sdered out ot holding fimê duo to pH being a frêld îest Free Chlorine 'I'oþi,çhf.ç{ine;¡ , ,,¡ " ,"1. Temperature at CollecEon: ''Temperature'atRbbelpr' l:: :;. ,':'' :: '" '' ''.. :' 1å.3 ' Wâtsr Type: RAW WELL +-lill=Í,,1;-r::L. t¡:ç:--.r,¡i.il'::;3D!.-1;jt^;r:ê.-'i!.-:t i 1:1. :::o.tìi9'l!,rir:,q.j Itt{ri. : _1.:ì:.:lr,i' :,'rili.1_ ili:r'i !ir:ri ,:,.'i î:;¡:. a!rii ,.:ì,i'aï: !riit:;- ':.;l;r:!t.lri j: i!::r i¡rülr I :g,i r:r:.¡:r,jr::]::;{r ¡rtcr iaËÍ: Ë;+rí¡+rt- I Ij: +'i'i9tifr2 i: líi i;y. ói;i llir-'t' ? ?, l{. -i? "i'! i}: ;!Sj : :j ii É,M P:rg+ .4 'rf 4 HORIZON' 7l¿ôi Land Title Guarantee Company Customer Distribution PREVENT FRAUD - Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. Order Number:GW63015946 Date: 10/08/2020 Property Address:1447 COUNTY ROAD 321, RIFLE, CO 81650 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance Closing Processor For Title Assistance Jessica Reed 901 GRAND AVENUE #202 GLENWOOD SPRINGS, CO 81601 (970) 930-9815 (Work) (800) 318-8206 (Work Fax) jreed@ltgc.com Contact License: CO299243 Company License: CO44565 Jordan Thomas 901 GRAND AVENUE #202 GLENWOOD SPRINGS, CO 81601 (970) 945-2610 (Work) (800) 318-8206 (Work Fax) jthomas@ltgc.com Company License: CO44565 Land Title Garfield County Title Team 901 GRAND AVENUE #202 GLENWOOD SPRINGS, CO 81601 (970) 945-2610 (Work) (970) 945-4784 (Work Fax) glenwoodresponse@ltgc.com Buyer/Borrower PHIL CASTINE AND SAGE CASTINE Delivered via: Electronic Mail Lender - New Loan JESSE WADE SQUIRES JR. Delivered via: No Commitment Delivery Seller/Owner JESSE WADE SQUIRES JR. Delivered via: Delivered by Attorney Attorney for Seller THE NOONE LAW FIRM PC Attention: CLAIRE M. NOONE, ESQ. PO DRAWER 39 1001 GRAND AVE #207 GLENWOOD SPRINGS, CO 81602 (970) 945-4500 (Work) noonecm@gmail.com Delivered via: Electronic Mail Exhibit A Land Title Guarantee Company Estimate of Title Fees Order Number:GW63015946 Date: 10/08/2020 Property Address:1447 COUNTY ROAD 321, RIFLE, CO 81650 Parties:PHIL CASTINE AND SAGE CASTINE JESSE WADE SQUIRES, JR. Visit Land Title's Website at www.ltgc.com for directions to any of our offices. Estimate of Title insurance Fees "ALTA" Owner's Policy 06-17-06 $803.00 Deletion of Standard Exception(s)$75.00 "ALTA" Loan Policy 06-17-06 Concurrent Loan Rate - Includes a Tax Certificate $175.00 Tax Certificate $0.00 Total $1,053.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property. Chain of Title Documents: Garfield county recorded 07/11/2016 under reception no. 879502 Garfield county recorded 10/03/2013 under reception no. 841511 Property Address: 1447 COUNTY ROAD 321, RIFLE, CO 81650 1. Effective Date: 09/25/2020 at 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "ALTA" Owner's Policy 06-17-06 Proposed Insured: PHIL CASTINE AND SAGE CASTINE $110,000.00 "ALTA" Loan Policy 06-17-06 Concurrent Loan Rate - Includes a Tax Certificate Proposed Insured: JESSE WADE SQUIRES JR. $90,000.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: JESSE WADE SQUIRES, JR. 5. The Land referred to in this Commitment is described as follows: *************************************************************** NOTE: THE FOLLOWING LEGAL DESCRIPTION IS PRELIMINARY AND IS SUBJECT TO CHANGE UPON COMPLIANCE WITH THE REQUIREMENTS UNDER SCHEDULE B-1, HEREIN. *************************************************************** LOT_ SQUIRES MINOR SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED _ _ _ _ _ _ _ _ _ _ _ _ AS RECEPTION NO. ______. COUNTY OF GARFIELD STATE OF COLORADO NOW KNOWN AS: THE NW1/4 OF THE NE1/4 AND THE NE1/4 OF THE NW1/4 OF SECTION 19, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE 6TH P.M.. EXCEPTING THEREFROM: A PARCEL OF LAND BEING A PORTION OF RECEPTION NO. 841511 SITUATE IN THE NW¼ OF THE NE¼ AND THE NE¼ OF THE NW¼ OF SECTION 19, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, ALL BEARINGS RELATIVE TO A BEARING OF NORTH 89°26'30" EAST ALONG THE NORTH LINE OF SAID SECTION 19 BETWEEN THE NORTHWEST CORNER OF SAID SECTION 19, A FOUND 2" ALUMINUM CAP ON #6 REBAR STAMPED LS 17492 AND THE NORTH ¼ CORNER OF SAID SECTION 19, A FOUND 3¼" ALUMINUM CAP STAMPED LS ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:GW63015946 Copyright 2006-2020 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 37075. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NW 1/16 CORNER OF SAID SECTION 19, A FOUND 3¼ ALUMINUM CAP ON #6 REBAR STAMPED LS 31143; THENCE ALONG THE WEST LINE OF SAID NE¼ OF THE NW¼ NORTH 00°28'44" WEST 1323.65 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 19; THENCE ALONG SAID NORTH LINE NORTH 89°26'30" EAST 660.13 FEET; THENCE DEPARTING SAID NORTH LINE SOUTH 00°28'43" EAST 593.09 FEET; THENCE NORTH 89°31'77" EAST 200.00 FEET; THENCE NORTH 72°25'37" EAST 375.58 FEET; THENCE NORTH 79°27'56" EAST 334.81 FEET; THENCE SOUTH 00°44'18" WEST 898.33 FEET TO A POINT ON THE SOUTH LINE OF SAID NW¼ OF THE NE¼; THENCE ALONG SAID SOUTH LINE SOUTH 89°26'17" WEST 210.02 FEET TO THE NORTH CENTER 1/16 CORNER OF SAID SECTION 19, A FOUND 3¼ ALUMINUM CAP ON #6 REBAR STAMPED LS 31143; THENCE ALONG THE SOUTH LINE OF SAID NE¼ OF THE NW¼ SOUTH 89°26'19" WEST 1319.68 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:GW63015946 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: GW63015946 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 1. FULLY EXECUTED CONTRACT FOR THE TRANSACTION HEREIN. 2. PROVIDE LAND TITLE GUARANTEE COMPANY WITH A CURRENT IMPROVEMENT LOCATION CERTIFICATE OF SUBJECT PROPERTY. THIS REQUIREMENT IS NECESSARY TO DELETE STANDARD EXCEPTIONS 1 THROUGH 3. UPON REVIEW, ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS MAY BE NECESSARY. NOTE: ANY MATTERS DISCLOSED BY SAID IMPROVEMENT LOCATION CERTIFICATE WILL BE REFLECTED ON SAID POLICY(S) TO BE ISSUED HEREUNDER. NOTE: LAND TITLE IS NOT RESPONSIBLE FOR ORDERING SAID IMPROVEMENT LOCATION CERTIFICATE. 3. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE ADJUSTMENT TO THE LOT LINES TO BE INSURED HEREIN HAS BEEN APPROVED BY THE APPROPRIATE COUNTY DEPARTMENTS INCLUDING ACCEPTANCE BY THE GARFIELD COUNTY ASSESSOR AS A SEPARATE TAX PARCEL. 4. RECORD DULY EXECUTED AND ACKNOWLEDGED PLAT OF SQUIRES MINOR SUBDIVISION. NOTE: A COPY OF SAID PLAT MUST BE SUBMITTED TO LAND TITLE GUARANTEE COMPANY PRIOR TO RECORDATION. UPON RECEIPT AND REVIEW FURTHER REQUIREMENTS AND/OR EXCEPTIONS MAY BE NECESSARY. 5. WARRANTY DEED FROM JESSE WADE SQUIRES, JR. TO PHIL CASTINE AND SAGE CASTINE CONVEYING SUBJECT PROPERTY. 6. DEED OF TRUST FROM PHIL CASTINE AND SAGE CASTINE TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF JESSE WADE SQUIRES JR. TO SECURE THE SUM OF $90,000.00. NOTE: ITEMS 1 THROUGH 3 OF THE PRE-PRINTED EXCEPTIONS WILL BE DELETED FROM THE MORTGAGEE'S POLICY WHEN ISSUED UPON RECEIPT OF A SATISFACTORY IMPROVEMENT LOCATION CERTIFICATE. EXCEPTION MAY BE MADE TO ANY ADVERSE MATTERS DISCLOSED BY THE IMPROVEMENT LOCATION CERTIFICATE. ITEM 4 OF THE PRE-PRINTED EXCEPTIONS WILL BE DELETED UPON RECEIPT OF A SATISFACTORY LIEN AFFIDAVIT. NOTE: ALL PARTIES WILL BE REQUIRED TO SIGN THE LIEN AFFIDAVIT AT CLOSING. REQUIREMENTS TO DELETE THE PRE-PRINTED EXCEPTIONS IN THE OWNER'S POLICY TO BE ISSUED A. UPON RECEIPT BY THE COMPANY OF A SATISFACTORY FINAL AFFIDAVIT AND AGREEMENT FROM THE SELLER AND PROPOSED INSURED, AND A IMPROVEMENT LOCATION CERTIFICATE OF THE LAND, ITEMS 1-4 OF THE PRE-PRINTED EXCEPTIONS WILL BE DELETED. ANY ADVERSE MATTERS DISCLOSED BY THE FINAL AFFIDAVIT AND AGREEMENT AND IMPROVEMENT LOCATION CERTIFICATE WILL BE ADDED AS EXCEPTIONS. B. IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTIONS AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH, ITEM 5 OF THE PRE- PRINTED EXCEPTIONS WILL BE DELETED. C. UPON RECEIPT OF PROOF OF PAYMENT OF ALL PRIOR YEARS' TAXES AND ASSESSMENTS, ITEM 6 OF THE PRE-PRINTED EXCEPTIONS WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2020 AND SUBSEQUENT YEARS. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: GW63015946 All of the following Requirements must be met: This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 09, 1940 UNDER RECEPTION NO. 140911. 9. OIL AND GAS LEASE RECORDED FEBRUARY 24, 1982 IN BOOK 593 AT PAGE 454 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. 10. OIL AND GAS LEASE RECORDED MAY 07, 2001 UNDER RECEPTION NO. 580470 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. 11. TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS ELECTRIC ASSOCIATION, INC. RIGHT-OF- WAY EASEMENT RECORDED JUNE 21, 1991 IN BOOK 806 AT PAGE 695. 12. TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS ELECTRIC ASSOCIATION, INC. CONTRACT FOR ELECTRIC SERVICE RECORDED JUNE 21, 1991 IN BOOK 806 AT PAGE 697. 13. TERMS, CONDITIONS AND PROVISIONS OF SURFACE FACILITY GRANT RECORDED DECEMBER 15, 1994 IN BOOK 925 AT PAGE 640. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: GW63015946 14. OIL AND GAS LEASE RECORDED FEBRUARY 17, 1995 UNDER RECEPTION NO. 474584 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. 15. TERMS, CONDITIONS AND PROVISIONS OF PIPELINE RIGHT-OF-WAY GRANT RECORDED AUGUST 22, 1995 IN BOOK 950 AT PAGE 889. 16. TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS ENERGY RIGHT-OF-WAY EASEMENT RECORDED JUNE 15, 2005 IN BOOK 1697 AT PAGE 339. 17. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF SURFACE USE AND EASEMENT AGREEMENT RECORDED FEBRUARY 17, 2006 IN BOOK 1772 AT PAGE 942. 18. OIL AND GAS LEASE RECORDED MARCH 27, 2006 UNDER RECEPTION NO. 694851 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. 19. TERMS, CONDITIONS AND PROVISIONS OF AFFIDAVIT OF PRODUCTION RECORDED SEPTEMBER 11, 2006 AT RECEPTION NO. 706534. 20. TERMS, CONDITIONS AND PROVISIONS OF ROAD AND PIPELINE EASEMENT RECORDED SEPTEMBER 21, 2006 IN BOOK 1844 AT PAGE 682. 21. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF POOLING AGREEMENT RECORDED MARCH 14, 2008 UNDER RECEPTION NO. 744618, AND IN AGREEMENT RECORDED MARCH 24, 2008 UNDER RECEPTION NO. 745161. 22. ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT RECORDED JUNE 05, 2019, UNDER RECEPTION NO. 921251, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 23. EASEMENTS AND RIGHTS OF WAY FOR COUNTY ROAD 321. 24. ANY QUESTION, DISPUTE OR ADVERSE CLAIMS AS TO ANY LOSS OR GAIN OF LAND AS A RESULT OF ANY CHANGE IN THE RIVER BED LOCATION BY NATURAL OR OTHER THAN NATURAL CAUSES, OR ALTERATION THROUGH ANY CAUSE, NATURAL OR UNNATURAL, OF THE CENTER THREAD, BANK, CHANNEL OR FLOW OF WATERS IN THE COLORADO RIVER LYING WITHIN SUBJECT LAND; AND ANY QUESTION AS TO THE LOCATION OF SUCH CENTER THREAD, BED, BANK OR CHANNEL AS A LEGAL DESCRIPTION MONUMENT OR MARKER FOR PURPOSES OF DESCRIBING OR LOCATING SUBJECT LANDS. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: GW63015946 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. The Subject real property may be located in a special taxing district.(A) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (B) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. (C) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (A) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (B) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. (C) The Company must receive payment of the appropriate premium.(D) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. (E) Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (A) That such mineral estate may include the right to enter and use the property without the surface owner's permission. (B) JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to your non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and The public records maintained by governmental entities that we obtain either directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We may share your Personal Information with affiliated contractors or service providers who provide services in the course of our business, but only to the extent necessary for these providers to perform their services and to provide these services to you as may be required by your transaction. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT STATED ABOVE OR PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Commitment For Title Insurance Issued by Old Republic National Title Insurance Corporation NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. . COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY i. comply with the Schedule B, Part I—Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (b) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (d) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (f) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (g) “Title”: The estate or interest described in Schedule A.(h) the Notice;(a) the Commitment to Issue Policy;(b) the Commitment Conditions;(c) Schedule A;(d) Schedule B, Part I—Requirements; and(e) Schedule B, Part II—Exceptions; and(f) a counter-signature by the Company or its issuing agent that may be in electronic form.(g) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (a) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (b) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (c) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (d) The Company shall not be liable for the content of the Transaction Identification Data, if any.(e) 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Senior Vice President This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Land Title Insurance Corporation. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (f) In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (c) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (d) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f) Exhibit B Graphic ScaleIn Feet: 1" = 100'0 50 100200Title:Soil Treatment AreaPlanRevision#Dwg No.Squires Minor Subdivision Garfield County, ColoradoJob No.Drawn by:Date:File:PE:QC:2020-563.001TLB11/12/2020TLBOWTS-Tactile-Soil-Investigation-RptJS118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com Date By:C.001 1Of :Project Milestone: Soil Map—Rifle Area, Colorado, Parts of Garfield and Mesa Counties (1447 County Road 321, Rifle, Colorado) Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 11/16/2020 Page 1 of 34377620437771043778004377890437798043780704378160437762043777104377800437789043779804378070257540257630257720257810257900257990258080258170258260258350 257540 257630 257720 257810 257900 257990 258080 258170 258260 258350 39° 31' 8'' N 107° 49' 14'' W39° 31' 8'' N107° 48' 38'' W39° 30' 49'' N 107° 49' 14'' W39° 30' 49'' N 107° 48' 38'' WN Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 13N WGS84 0 150 300 600 900Feet 0 50 100 200 300Meters Map Scale: 1:3,920 if printed on A landscape (11" x 8.5") sheet. Soil Map may not be valid at this scale. MAP LEGEND MAP INFORMATION Area of Interest (AOI) Area of Interest (AOI) Soils Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot Landfill Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot Spoil Area Stony Spot Very Stony Spot Wet Spot Other Special Line Features Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography The soil surveys that comprise your AOI were mapped at 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Rifle Area, Colorado, Parts of Garfield and Mesa Counties Survey Area Data: Version 13, Jun 5, 2020 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Dec 31, 2009—Oct 12, 2017 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Soil Map—Rifle Area, Colorado, Parts of Garfield and Mesa Counties (1447 County Road 321, Rifle, Colorado) Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 11/16/2020 Page 2 of 3 Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 27 Halaquepts, nearly level 0.0 0.1% 34 Ildefonso stony loam, 25 to 45 percent slopes 29.0 40.9% 56 Potts loam, 6 to 12 percent slopes 41.8 59.0% Totals for Area of Interest 70.9 100.0% Soil Map—Rifle Area, Colorado, Parts of Garfield and Mesa Counties 1447 County Road 321, Rifle, Colorado Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 11/16/2020 Page 3 of 3 I.Domestic Water The existing residence is currently supplied from the McCarnes Spring No. 1 located at NW ½ NE1/2 of Section 19, Township 6 South, Range 93 West of the 6th P/M., at a point 400 feet East and 1,000 feet North of the Southwest Corner of Said NW ¼ NE ¼ of Section 19, and by McCarnes Spring No. 2, located at the NE ¼ of NW ¼ of Section 19, Township 6 South, Range 93 West of the 6th P/M., at a point 580 feet West and 790 feet North of the Southeast Corner of the NE ¼ NW ¼ of Section 19, Ruling of Referee attached hereto. A future residence constructed on the proposed Lot 1 will be supplied by a well, permitted by the Colorado Division of Water Resources (Permit No. 318774), which is permitted to serve the ordinary household purposes inside not more than three (3) single family dwellings, watering of poultry, domestic animals and livestock on a farm or ranch and the irrigation of not more than one (1) acre of home gardens and lawns. Pumping rate of this well shall not exceed 15 GPM. At the time of drilling, water quality tests will be performed. Exhibit C THE NOONE LAW FIRM A PROFESSIONAL CORPORATION 1001 GRAND AVENUE, SUITE 207 P.O. BOX 39 GLENWOOD SPRINGS, CO 81602 TELEPHONE: (970) 945-4500 FACSIMILE: (970) 945-5570 March 23, 2021 Garfield County Community Development Department 108 8th Street, #401 Glenwood Springs, CO 81601 RE: Water Supply Dear Glenn This letter summarizes the legal water supply for the proposed Squires Minor Subdivision. The Garfield County Accessor’s Parcel Number 2177-191-00-135 located at 14447 County Road 321 (the “Property”) consists of 43.658 acres and is proposed to be split into two lots. For water calculation purposes, Lot 1 (38.648 acres) will be a single-family residence, and Lot 2 (5.010) will continue as a single-family residence. II.Fire Protection Applicant has a pond located on Lot 1 for irrigation control and fire protection purposes. This reservoir is designed water in excess of a minimum fire protection pool of 180,000 gallons. The reservoir can be filled from the spring and the well. Lots 1 and 2 will each have a dry- hydrant connected to the Reservoir for fire protection purposes per the recommends of the Rifle Fire Protection District. Please call me with any questions or concerns. Very truly yours, THE NOONE LAW FIRM A Professional Corporation ______________________________ Claire M. Noone noonecm@gmail.com l IN 'rilE DISTRICT COURT III IIND FOR \lIITER DIVISION HO. 5 STIITE OF COLORADO Applic~tion No. 79 C\I 2 IN THE H.~TTER OF THE APPLICATION ) FOR liATER R:tGIITS OF ) JESSE \'1. SQUIRES AND BETTY J. SQUIRES ) IN THE COLORADO RIVER ) IN GARFIELD COUNTY 1 RULING OF REFEREE The above entiteled application was filed on January 2, 1979, and was referred to tho ~ndcrsi9ned as Water Referee for Water Division No~ 5, State of Colorado, by the water Judge of said Court on,the 11th d~y of Ja~uary, 1979, in accordanc~ with Article 92 of Chapter 37, Colorado Revised Stat.:btes 1973, known as The liater Rights Determination and IIdministr~tion Act of 1969. And the undersigned Referee ha~~n9 mnde such invcstigations.a~ arc nacessary to determine whether or not the stat~ments in the application are true and having became fUlly auvi~ed with respect to the subject matter of the applicationn (loes hereby make the F.ollowing determination and rUling as the Refcrc9 in this m~tter to-wit: 1. The Rtatements in the application arc true. 2. The name of the structure is HcCarnes Sprin-; Uo. l~ 3. The nmnes of the claimants and address: JeS::ie t'l. Squires and Detty J. Squires; Dox 997; Rifle, Color~do. 4. The source of the water is a spring and seepage tributary to the Colorado River. 5. The point of diversion is 1oc~ted in the ;l\'1 ~ tiE .. of Section 19. T. 6 S.. R. 93 N. of the 6th p.n. at ~ point 400 feet r.~9t amI 1,000 feet North of the Southwest Corner of !laid Nli Jj..llE ~ of Section 19. 6. The use of the ,...ater is domestic and livestock water. 7. The d~te of initiation of appropriation is June, 1901. 8. The amount of water claimed !s 0.06 cubic foot of \'later per second of time, absolute. g~ The ~pring was developed and pipeu into it tank for livcstocJ~ water and do~estic uses in June, 1901, and has been used continuously since that time. 79..:t:li 2 cation should be granted and that 0.06 cubic foot of water per second of The Referee doea th&trefore conclude +-.hat .the above cntilled appli- time is hereby awarded to the f1cCarnes Spring No.1, for domcst;ic and livestock water uses, with appropriation date of the 30th day of June,1901, absolutely and unconditionally; subject, however, to all earlier priority rights of others and to the integration and tabulation by the DiVision Engineer of such priorities ana changes of rights in accordance with law. It is accordingly ORDERED that this ruling shall be filed with the Water Clerk and shall become effective upon such filing, subject to Judicial review pursuant to Section 37-92-304 C.R.S. 1973. It is further ORDERED that a copy of this rUling shall be filed with the appropriate, Division Engineer nnd the State Engineer. Done JvJU~ at the City of Glenwood Springs, Colorado, this 19 7~ Z8 __day of No protest wes fil<:!d in this mtl:rcr. Tho fOf"soing Nlina is confirmed Q,d approved, ond Is modo 1ho J1.'clgment and Decree of ~hh ~ourt Do'ad~~~~ _ W,~,":l JUDGE BY TilE REFEREE: o.-' b, 1a efaree 1a r Division No. 5 State of Colorado t . # . /~I 'It, -,' ) . ~ . _ . .' . \ \ / ~ . ~ "... III TilE DISTRICT COURT III ~lD FOR 'iA'rER DIVISIO:1 110. 5 STATE OF COLO~\DO App~;ahion ~o. 79 CW 2 III TilE 1.IATTER OF TilE ilPPLICJ\TIOII FOR I.IATER IlIGIITS OF JESSE W. SQUIRES A1ID DETTY J. SQUIRES IN TilE COLORADO RIVER IN GARFIELD COmiTY RULING OF REFEREE The above entitled np~lication was fiJcd on Jnnuar~ 2,197~, and was referred to the undersigned an 'fOoter neferee for \'latcr Division. NO.5, State of Colora~o, by the Water Judge of said Court on the 11th ddY of January ,1979, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes l~73, known as The Water Rights Detcr~ination and Administration Act of 1969, And the undersigned Referee having made such investi9at~~ns as are necessary to determine whether or not the statements in the application are true and having become fully advised with respect to thp subject r:mttcr of the application does hereby make the following detcrmin~tion and rUling 3 the Referee in this matter to-wit:I1. The shatements in the application are true. 2. The naITle of the structure io:. HcCui.-ncG Spring j-Jo. 2. 3. Th'~ names of the claimants and address: Jesse li. Squiwres andDOlttyJ. Sqllir:es; Dox 997; Rifle, Colorado. 4. The source of the water is a sprinq anu seepa9~ tributary totheColorado. River. 5. TI;', point of diversion "s located in ttl~ NE ~ NN ~ "f Section19, T. 6 S., R. 93 l'I. of the 6th P.ri. at a poiilt 580 feetNestand730feet :lorth of tho Southeast Corner of 511icl tm J" NW~ of Section 19. 6.' The use of the water is domestic, llnd l~vestock water. 7. The date of initiation of appropriation is June, 1901. 8. The amount of water claimed is 0.07 cubic foot of water pl;:rsecondoftime, absolute. 9. ,.'l'he spr.inq was developed und pi.p0d into a tank for livestockwat~~ l1nd dome~tic uses in June, 1901, and hns been usedccmtinuJouolysincethattime. 7J .c:', 2 The Referee does therfore concluue th~t the above entitled applic- iltlon should be. grantee .J.nd that 0.07 cubic foot of water per second (If tiree is hereby aWi:lrd~d ~t'. th~ McCarnes 5j?ring No.2, (or livestocit wal:cr and domestic useR, with approp!'illtion date of the 30th day of June. J.901 absolutely ~nd unconditioftQllYi suhj~ct, however, to all earlier priorityrightsofothersandtotheintegrationandtabu'4tlon by toe Divi3ion Engineer of such pri.orit:.1es ann cha.nges of rights in accordance with law. It: is acC<'rdingly ORDERED t.hat ttds ruling shall be filed with the I""ter Clerk and shall become effective "pon cUc~ filing, subj_ot ~o r:.ldic;l\,J. reviow purs,',ant to Section 31-92-304 C.ll.S. 1973. It: is fU:tther ORIiERIlDthat ,a copy of this rUling shall be filed with the upproprlate Division Engineer and the State Engineer. Doen dJ.:u~ at th~ City of Glenwood Springs, COlorado, thio 2B )'I. day of 19.:2!1- . No prot!'5t was fil!d in 1his mat:N. rim forogoing "JUnO is (o,~;jrrned and tI!)l'](o'ldd, and is, modo lnt!. Judgm:"~: ~n~ gecrge of this court, U~Datad~ ~ . ATi:q JUDGE BY TIlE R.~~ERl::I:::: late;.- eree Watel~ i\'isio" 110. 5 State of ~olor~do III III TilE DISTRICT COURT I1l ,\:/0 FOR liATER DIvrSIO:1 NO. 5 STA'l'E OF COLOR1\DO Application. NO. 79 C;.1 2 IN TIlE 1.\I,TTER OF TIll: ;U>PLCIATIOil : FOR l'1ATER RIGHTS OF JESSEp N. SQUIRES lUlU DETTY J. SQUI~) I:l TIlE COr.OlUlIlO RIVER l1:1 GARFIELD CClU:ITY RULING OF nEFEREE The above entitled application was filed on .1.:J.l1uary 2, 1979, and ,,,as referred to the undersigned il!; ~'11\ter Referee for \<later Division No.5, State of COlorado, by the NaterJudge of said Court on the 11th day of January, 1979, in accordance with Ar~icle 92 of Chapter 37, COlorado Revised Statutes 1973, known as The Water Rights Determination unu Administrati~n'Act of 1969. And the underAigned Referee having rnLlde such invc:Jtiql1tion dS arc nacessary to determine whether or not the stat~rnents in the applicatton are true and hnving become fully advised with respect to tho.subject matter of the applicQtion does hereby make the fOlloWing deternin~tion and ruling as the Referee in this mQtter to- ..it: 1. The statements in the application arc true except there is noevidencetosupportanappropriationdateofJunel~OI, n~ tothis spring.. The woJ.tcr has not been applied to beneficial U!iO. 2.. The name (':of the structure Is r.tcCarnes Spring ~lo.. 3. 3. The names of the claimants and addresses arc: Jesse 11.. SquiresandBettyJ.. Squires; Bo~ 997; Rifle, Colorado. 4.. The source of the water is a spring and seepage tributary totheColoradoRiver. 5.. The point 0= diversion is located in the, :m ~ NN l:( of Section 19, T.. 6 S.., R.. 93 t'l.. of the G',~h p,n.. at ,), point 255 feet E.:lst and800fep.t :>lorth of the South'.est Corner of said HE l:1 NN l:1 ofSection19. 6. The use of the water is livpstc~k water, fire protectio~, donesticil/1d irrigation. 7.. 'l'he date of initiation of .: lpp.. ropriation claimed is ,Tune, l~Ol;however, the spring is undeveloped and is not in use, and th0.rcisnocviclt!ncc submitted to support an appropriation date ea.rlim: ~han Decennber 28,1978. 8.. The applicant intendo to develop the spring and pipe the ,,,ater totheplaceofuseforthe ~bove purposes. q. 7J~fl",-".1 "",Iv.!",,,,,;',, 0.(/5 cvv,,"k,f- ,./w'/,rl'r'"./4'..../,/ "'~- )tY omJ,f",,,, 7.9 C;/ 2 The Referee does t:her~f.ore concluue that the abov~ <7nLitlcll ilppli- cation should be granted in part and that 0.05 cubic foot of water pcr second of time with appropriation date of December 20,l~13, is hereby awarded conditionally to the McCarnes spring No.3, for livestock water., fJ.re protoction, domestic and irrigation purpose:;, prov~.ucd alway~ that said 0.05 cubic foot .of water per second of time is on the condition that sa'~ quantity.of water be applied to a beneficial use within a reasonable irne; !Subject, ho'tre,,.er~ to all carlier priority rights of othi:!rs and to the integration ;Jnd tabulation by tho Division Englneer of such prioritif::'i and changes of rights in accDrdance with law~ Application for a quadrennial finding of reasonable diligence shall be filed in .June of 1983 and in June of every fourth calendar ye/lr thereafter so long as claimant desires to maintain this conditional water right .or un:t.il a determination has been made that this conditional wntar right has become an absolute water right by reason of the completion of the appropriation. It is accordingly ORDERED that this ruling shall be filed with the Water Clerk and shall become effective upon such filing. subject to Judicial review pursuant to .Section 37-92-304 C.R.S. 1973. It is further ORDERED that a copy of this ruling shall be filed with th~ nppropri~te Division Enginear and the state Engineer. Done at the City of Glenwood Springs, Colorado, this~~day of JonE ,19..zL. I DY TIlE Rl':FEREE: No pro:e~t wus Wed in rnh n:oh.:r. Tl:~ forlJ~oin9 rulin.,; it. c,,"lirm~ci p,~' "1I'd. "':1'cJ i: '{wde t"~~ Ju ji1m~I\1' Q~cl r;~l.fU;J of this court . i:_/~"171' OG:; a,u a aree Division No. 5 of colorado CE" N-l~!H f;;: r 'ii!it :J ..'/.,I ....n oA "'" St!~ r, t! rl~ '.; l',..",,:'". 111 TilE DISTRICT COURT IN AlIO FOR InlTER DIVISIOll 110. 5 RECEIVED AUG 2 2 \979 ST1\TE OF COLORhDO WAJ[I IfESOUIltQ swt UtCINttR COlO. Application NO. 79 CN 2 1;1 TilE MA'l"l'ER OF ~'IIE APPLIC1\TIO:l FOR WATER RIGHTS OF JESSE II. SQUIRES AND BETTY SQUIRES Ill: TilE COI.ORhDO RIVER IN GARFIELD COUNTY RULIlIG OF rEFEREE The above entitled application was filed on January 2,1979, nnd was referred to the undersigned as l'later Referee for \'la,i:er Divil;iion :to. 5, State of Colorado, uy the Water JUdge of said Court on the 11th day of January, 1979, In accordance with Article 92 cif Chapter 37, Colorado R..villed Statutes 1973, known as The liater Rights Determination and Adr..>nistration Act of 1969. And the unC1ersignad Referee ha.ving made such inves tig ations ar; ilrc necessftry t:o determine ",,'hather or not the statementn in the applic.ntion are true" And having become fully advised with rcs~ect to the subjQct matter of the applicntinn does ~ereby make the iollowing determination and rUling as the Referee in this matter, to-wit: 1.The'statements in the appli~tion are true, CKceot the1C in no Qvidence to support an "p~~fpriat.;on date of Junc,!901, as to this spring. The ,,'at,cr hait not bnan ap[:lied to boncficlill c.;.;~. 2.The name of the structul!~ is He Cilrnes Spring No. "', The names of the claiDants and address: Jesse \~, Squires and Betty J. Squiros; no~ 997; Rifle, Colorado. The source of the water is a spring and seepage tributary to the Colorado Ri,er. 3. 4. 5. .The point of diversion is located in the !II; ~ I~~'1 J.. of SCc:t;100l 19, T. Ii S., R. 93 Ii. of the 6th P.ll. nt a point 5 feet East and BOO feet North of the Southwest Corner of said :IE J, :m \ of Section 19. 6. The Uge 0: the water is livestock water, fire protnction, domestic and irrigation. 7. The date of initiation of .appror:tiation clnimed is \1une, 10,)1; howe',er, the spring is undev~lopc:d nl1d j!=; not in use, and there is no evidence subm~ttcd to nupport an appropriaticn date earlier than Dec~~er 28,1979. R. The amount of water claimed is 0.06 cubic foot nf ,.,rater ?e:: second of tili\e,conditional. 9. 'rhe appl; ':.ant intends to develop the .;pring and pipe the Hater to~he place of use for the above purpOa~5. 79.C;" 2 The Referee does "therefore conclude that the above cntitllcd .:J.ppli- cation should be granted in part and that 0.06 cubic foot of water per second of time with appro[)riation date of n..~cember 2fl,197B, is hnr':!by i\\-!<1nl\':.l conditionally to the MCCarnes Spring No.4, for livestock water, fire protection, domestic and irrigation purposes, provided always that 0.06 cubic foot of water per second of time is on the condition that said quantit), of water be appl.ied to a beneficial use within a reasonable time; subject, however, to all ear1ier pr.iority rjghts of others and to the ir.tegration and tabulation by the Division Engineer of such priorities and changes of rights in acco~dance with law. Applicatioll for a quadrennial finding of reasonable diligence .hall be filed in June of 1903 and in June of every fourth calendar year there- after D~ long as clab,ant desires to maintain this condition~ l water right or until a determination has been made that this conditional water right has become an abSOlute waeer right by reason of the completjon of the appropriation. It is accordingly ORDEReD that this ruling shall be filed with the later Clerk and shall become effective upon such filing, subject to Judicial review pursuant to Section 37-92-304 C.R.S. 1973. It is further ORDERIlD that a copy of this ruling shall be filed 'o;ith the appropriate Division.E~9ineer and the State Enqineer. Done at: t;hc City of Glenwood Springs, COlorado, thin z.ol!J _day ofJrhfJ/!1 , 19-2'1-. No pmfest .\lt05 fiI'!!'d in this motte.. The j'ar~r:i?;r1g rulin(J i:. confirmed one ~~pr~v..d t'J1":! i- ,"c::!," ~h~4 J;,.ld:;n"~,m: uncl D.7l::'C'~:lf this C.1:.Jrt. QIOd_ _ ~ . I.' " i:j: JUDGE BY TIlE REFEREE: Q:if'e~ - lia r Division I/o. 5 State of Colorado EXHIBIT D 3799 HIGHWAY 82∙P.O. BOX 2150 GLENWOOD SPRINGS, COLORADO 81602 (970) 945-5491∙FAX (970) 945-4081 A Touchstone Energy Cooperative October 8, 2020 Philip Castine TBD County Road 321 Rifle Colorado, 81650 RE: Subdivision of parcel, specifically Lot 1 Dear Mr. Castine , The above mentioned development is within the certified service area of Holy Cross Energy. Holy Cross Energy has adequate power supply to provide electric power to the development, subject to tariffs, rules and regulations on file. Any power line enlargements, relocations, and new extensions necessary to deliver adequate power to and within the development will be undertaken by Holy Cross Energy upon completion of appropriate contractual agreements and subject to necessary governmental approvals. Sincerely HOLY CROSS ENERGY Russ Winder Manager of Construction Engineering rwinder@holycross.com (970) 947-5443 1447 CR 321 subdivision of parcel – 10-19 - W/O TBD VICINITY EXHIBIT E EXHIBIT F Account As of Date Parcel Number Owner R024478 06/15/2021 217719100135 SQUIRES, JESSE WADE JR Legal:NWNE, NENW; EXCEPT A PARCEL OF LAND CONT. 36.26 AC. +/-, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED PER SPECIAL WARRANTY DEED RECEPTION NO. 921251 43.74 ACRES Situs Address: 001447 321 COUNTY RD,1447 TAUGHENBAUGH RD Year Tax Total Due Total $0.00 $0.00 <publicwebuser> @ Jun 15, 2021 3:46:10 PM Garfield County Treasurer Page 1 of 1 EXHIBIT G March 23, 2021 Garfield County Community Development Department 108 8th Street, #401 Glenwood Springs, CO 81601 RE: Mineral Ownership Dear Angela, We are writing this letter to you in accordance with your Pre-Application Summary Conference dated January 21, 2020. Our office conducted the mineral owner research for Accessor’s Parcel Number 2177-191-00-135, located at 14447 County Road 321 (the “Property”). Pursuant to the Garfield County Land Use and Development Code require an Applicant to provide notice to mineral owners in accordance with C.R.S § 24-65.5-101 “ as such owners can be identified through records in the office of the Clerk and Recorder or Assessor, or through other means” Garfield County Land Use and Development Code, 4-101(E)(4). Section 24.65.6-101 requires that an Applicant notify a mineral estate owner who either (1) is identified as such by the county tax assessor’s records; or (2) has filed in the Clerk and Recorder a request for notification. If such records do nota identify any mineral estate owners, including their address or record, “ the applicant shall be deemed to have acted in good faith and shall not be subject to further obligations…” By this letter, the Applicant certifies that mineral owners have been researched for the subject property as required, pursuant to C.R.S. § 24-65.5-101 et seq, and Section 4-101(E)(1)(b)(4) of the Garfield County Land Use and Development Code, as amended. As a result of that research, the Applicant certifies that the minerals are owned by the parties listed below. On October 15, 2020 we conducted the following tasks, and on March 23, 2021 we certified that the information is correct: 1.We researched the Garfield County Clerk and Recorder’s index of mineral owner requests for notification per C.R.S. § 24-65.5-101 and reviewed an updated Title Commitment for the subject property and found the following Mineral Owners and Licensees: a.Snyder Oil Company 1801 California Street, Suite 35, Denver, CO 80202 THE NOONE LAW FIRM A PROFESSIONAL CORPORATION 1001 GRAND AVENUE, SUITE 207 P.O. BOX 39 GLENWOOD SPRINGS, CO 81602 TELEPHONE: (970) 945-4500 FACSIMILE: (970) 945-5570 Exhibit H b.Snyder Oil Corporation, 1625 Broadway, Suite 2200, Denver, CO 80202 c.Petrogulf Corporation, 518 17th Street, Suite. 1455, Denver, CO 80202 d. Apollo Energy, LLC, 1557 Ogden Street, Suite 300, Denver CO 80218 e. Antero Resources Piceance Corporation, 1615 Wynkoop Street, Denver, CO 80202 The Applicant acknowledges that they have reviewed C.R.S. §, et seq, and they are in compliance with said statute and the Garfield County Land Use Development Code. This satisfies our obligation under Colorado law and the County’s Code. Please call me with any questions or concerns. Very truly yours, THE NOONE LAW FIRM A Professional Corporation ______________________________ Claire M. Noone noonecm@gmail.com EXHIBIT I EXHIBIT J