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Home My WebLink About1.00 ApplicationQuarter Circle 8 Ranch | Lot 2 Boundary Adjustment and Amended Final Plat Application Submitted: February 18, 2022 prepared by (970) 618-4708 | davis@coloradoplanning.com P.O. Box 411 | Carbondale, CO 81623 on behalf of Sarah McNulty (970) 963-4363 | wendy@quartercircle8.com 7747 County Road 100 | Carbondale, CO 81623 2 | P a g e TABLE OF CONTENTS Page Part 1 – Final Plat Amendment Application Application Cover Letter 4 Project Description 5 Applicant and Consultant Information 5 Divisions of Land Application Form 6 Payment Agreement Form 8 Statement of Authority 9 Consent Action of Managers & Members 10 Letter of Authorization 16 Proof of Ownership – Warranty Deed 17 Title Commitment 20 Mineral Rights Ownership for the Subject Property 32 Owners of Record within 200-feet of the Subject Property 34 Pre-Application Conference Summary. 35 Vicinity Map 40 Response to Key Topics In Pre-Application Report 41 Aspen Valley Land Trust (AVLT) Letter 42 Final Plat 44 Final Plat – Quarter Circle 8 Ranch Rural Land Development Exemption 44 Compliance with Article 7 44 Waiver Request 45 Part 2 – Boundary Adjustment Application Boundary Line Adjustment Letter of Explanation 46 Boundary Line Adjustment Affidavit 47 3 | P a g e Exhibit A - Legal Description of Parcel From Which Land is Being Conveyed: Shippee’s Draw Parcel 51 Exhibit B - Final Plat - Quarter Circle 8 Ranch Rural Land Exemption 52 Exhibit C - Legal Description of West Side of Shippee’s Draw 55 Legal Description of East Side of Shippee’s Draw 56 Deed Conveying West Shippee’s Draw Parcel 57 ADDITIONAL EXHIBITS Exhibit D - AVLT Conservation Easement 59 Exhibit E - Resolution Approving Quarter Circle 8 Ranch Rural Land Plat 84 Exhibit F - Amended Final Plat of Land Being Conveyed and Accepted 92 4 | P a g e Application Cover Letter February 18, 2022 Mr. Glenn Hartmann Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Mr. Hartmann: Western Slope Consulting, LLC pleased to submit this combined application for the Lot 2 Amended Final Plat for the Quarter Circle 8 Ranch Rural Land Development Exemption and Boundary Adjustment on behalf of Sarah McNulty. The property for this application is generally located approximately 7.5-miles northeast of the Town of Carbondale. It is situated in the W 1/2 of Section 4 and the NE 1/4 of Section 5, Township 7 South, Range 87 West, the SE1/4 of Section 32 and the SW1/4 of Section 33, Township 6 South, Range 87 West, of the 6th Principal Meridian, County of Garfield, State of Colorado. The property is zoned Rural (R) and is in rural Garfield County. The property has historically been used for agricultural uses and is adjoined by rural residential and agricultural uses. There are no improvements on the “Horse Pasture” The purpose of this application is to combine the westerly portion of the Shippee’s Draw 20.55- acre lot (Parent Parcel #2391-042-00-249) with the +/- 186.96-acre Horse Pasture parcel (parcel #: 2189-324-00-042). The resultant parcel shown on the attached proposed Amended Final Plat as Lot 3, 207.51-acres. The 57.581-acre Shippee’s Draw parcel is divided by County Road 113, into 20.55-acres and the balance of 37.031-acres. This application conforms to the requirements for a Boundary Adjustment and Amended Plat set forth in the Garfield County Land Use and Development Code as an Administrative Action. The proposed development is consistent and compatible with surrounding land uses and is compliant with the Garfield County Comprehensive Plan. I look forward to reviewing these materials with the County at the earliest convenience. If you have any questions, you may contact me at (970) 618-4708 or davis@coloradoplanning.com. Sincerely, Principal | Western Slope Consulting, LLC 5 | P a g e Project Description The purpose of this application is to combine the westerly portion of the Shippee’s Draw 20.55- acre lot (Parent Parcel #2391-042-00-249) with the +/- 186.96-acre Horse Pasture parcel (parcel #: 2189-324-00-042). The resultant parcel shown on the attached proposed Amended Final Plat as Lot 3, 207.51-acres. The 57.581-acre Shippee’s Draw parcel is legally divided by County Road 113, into 20.55-acres and the balance of 37.031-acres. All of the Horse Pasture (+/- 186.96 -acres) has been protected with a conservation easement granted to the Aspen Valley Land Trust (AVLT). Protection of the property preserves the rural and agricultural nature of this part of Garfield County and minimizes the potential impacts that could result from of substantial development in this area. The Horse Pasture remains undeveloped as does the West Shippee’s Draw property. Applicant and Consultant Information Property Owner/Applicant Sarah Lillian McNulty 7747 County Road 100 Carbondale, Colorado 81623 (970) 963-4363 wendy@quartercircle8.com Attorney Ryan J. Mitchell | Balcomb & Green PO Box 790 Glenwood Springs, Colorado 81602 (970) 945-6546 rmitchell@balcombgreen.com Planner/Authorized Representative Davis Farrar | Western Slope Consulting, LLC P.O. Box 411 Carbondale, Colorado 81623 (970) 618-4708 davis@coloradplanning.com Project Land Surveyor Alan Vanpelt | Alan’s Land Surveying 2371 S. San Miguel Drive Grand Junction, Colorado 81507 (970) 241-7198 | (970) 623-0741 arvanpelt@bresnan.net 6 | P a g e Application Form 7 | P a g e 8 | P a g e Payment Agreement Form 9 | P a g e Statement of Authority 10 | P a g e Consent Action of Managers & Members 11 | P a g e 12 | P a g e 13 | P a g e 14 | P a g e 15 | P a g e 16 | P a g e Letter of Authorization 17 | P a g e Ownership - Warranty Deed The property is owned by Sarah Lillian McNulty. Proof of ownership is evidenced by a Warranty Deed recorded with the office of the Garfield County Clerk and Recorder on September 1, 1993 (Reception #: 451933). A copy of the Warranty Deed is found on the following pages. 18 | P a g e 19 | P a g e 20 | P a g e Title Commitment - Land Title Guarantee Company 21 | P a g e 22 | P a g e 23 | P a g e 24 | P a g e 25 | P a g e 26 | P a g e 27 | P a g e 28 | P a g e 29 | P a g e 30 | P a g e 31 | P a g e 32 | P a g e Mineral Rights Ownership for the Subject Property The title commitment attached to this application shows that the mineral rights for the subject property have not been severed and remain with the property owner. As is the case with many properties in Colorado, United States government retained a subsurface mineral rights reservation. In addition and as further evidence that the minerals on the subject property have not been severed, a Mineral Assessment Report (MAR) performed by Rare Earth Science, LLC in October of 2014 and research of public information on the Colorado Oil and Gas Conservation Commission’s (COGCC) website in February of 2019 and correspondence with Ms. Rachel Vaughn (Land Law Examiner) from the Bureau of Land Management - Colorado Office in February of 2019 by Western Slope Consulting, LLC indicate that the mineral rights owners for the subject property are shown in the table below. Mineral Rights Ownership for the Subject Property Owner Mailing Address Type of Mineral Rights 1 UNITED STATES GOVERNMENT BUREAU OF LAND MANAGEMENT COLORADO STATE OFFICE 2850 YOUNGFIELD STREET LAKEWOOD, CO 80215 Subsurface mineral rights 2 MCNULTY, SARAH L. 7747 COUNTY ROAD 100 CARBONDALE, CO 81623 Surface mineral rights 33 | P a g e Mineral Assessment Report (MAR) prepared by Rare Earth Science, LLC 34 | P a g e List of Adjacent Property Owners The following property owners of record within 200-feet of both parcels were obtained from the records of the Garfield County Assessor Office on January 25, 2022. Owners of Record within 200-feet of the Subject Property Parcel Id Owner Name Owner Address1 Owner City St Zip R006617 SHIPPEES DRAW LLC 7747 COUNTY ROAD 100 CARBONDALE CO 81623 R008225 COULTER CREEK VALLEY RANCH LLLP PO BOX 1714 ASPEN CO 81612-1714 R009855 WRIGHT LAROSE, LORRIE 1302 SOUTH LAKESIDE DRIVE LAKE WORTH FL 33460 R009856 WRIGHT LAROSE, LORRIE 1302 SOUTH LAKESIDE DRIVE LAKE WORTH FL 33460 R009857 X BAR RANCH LLC 1375 RED BUTTE DRIVE ASPEN CO 81611 R050083 PEET, GERTRUDE L FAMILY TRUST 9758 COUNTY ROAD 113 CARBONDALE CO 81623 R050225 COULTER CREEK VALLEY RANCH, LLLP PO BOX 1714 ASPEN CO 81612-1714 R050256 HOLMES, ROBERT III 4425 PONCE DE LEON BLVD., 5TH FLOOR MAIL CORAL GABLES FL 33146 R050271 SUNSHINE, JOSH & BRANDY FAMILY TRUST JOS PO BOX 2870 GLENWOOD SPRINGS CO 81602 R050272 GRIFFITH, JAMES WILLIAM III 3148 UPPER CATTLE CREEK ROAD CARBONDALE CO 81623 R050274 BACON, DEAN A 10089 COUNTY ROAD 113 CARBONDALE CO 81623 R050289 HAYDEN, WENDY S PO BOX 1556 CARBONDALE CO 81623 R050292 RESTIVO, CHARLES W M PO BOX 1251 CARBONDALE CO 81623 R083511 RESTIVO, CHARLES W M PO BOX 1251 CARBONDALE CO 81623 R084347 KASHIWA, STEPHANIE J & TIMOTHY G 111 W BEAVER CREEK BLVD, UNIT 6938 AVON CO 81620 35 | P a g e Pre-Application Conference Summary 36 | P a g e 37 | P a g e 38 | P a g e 39 | P a g e 40 | P a g e Vicinity Map The proposed lot is approximately 7.5-miles northeast of Carbondale, Colorado. It is located adjacent to and within ¼-mile of County Road 113. Inset Map 41 | P a g e Response to Key Topics In Pre-Application Report Existing Conditions of Approval & Plat Notes - all existing conditions of approval and plat Notes on the Quarter Circle 8 Ranch Rural Land Development Exemption Plat remain in effect and applicable to this boundary line adjustment application. Compliance with Existing Conservation Easement on Lot 2 - Lot 2 remains in compliance with and consistent to all provisions of the Aspen Valley Land Trust conservation easement on the subject property. A copy of a letter from Aspen Valley Land Trust is attached to this application indicating the same. Consistency with All Zoning Requirements - Uses on the subject property will remain compliant with the requirements of the Rural Zone District including, but not limited to setbacks, dimensional standards, and other applicable provisions. No change in land use is proposed with this boundary adjustment application request. No Changes to Article 7 of the Garfield County Land-Use Code - No changes are proposed in this application to standards in Article 7 of the Garfield County land-use code including, but not limited to, utilities, infrastructure, access, grading and drainage. 42 | P a g e Aspen Valley Land Trust Letter 43 | P a g e The AVLT Conservation Easement is attached to this application as an Exhibit - B. 44 | P a g e Final Plat The Final Plat for the proposed lot is included as Exhibit - F in this application. The Final Plat was prepared by Alan’s Land Surveying in conformance with Section 5-402. F. Final Plat – Quarter Circle 8 Ranch Rural Land Development Exemption The Final Plat for the previously approved Quarter Circle 8 Ranch Rural Land Development Exemption is included as Exhibit - C in this application. Compliance with Article 7 Division 1. General Approval Standards Zone District Use Regulations The table below demonstrates that the proposed lot conforms with the County’s standards for the Rural (R) zone district, pursuant to Section 3-201. Conformance with Rural (R) Zone District Standards Rural (R) Zone District Standards Conformance with Rural (R) Zone District Standards Minimum Lot Size 2-acres The proposed combined and reconfigured parcel will be 207.51-acres in size. Maximum Lot Coverage 15% No structures are proposed with this application Front Setback 50 feet (arterial) 25 feet (local) No structures are proposed with this application Rear Setback 25 feet No structures are proposed with this application Side Setback 10 feet or ½ the building height, whichever is greater No structures are proposed with this application Height R: 25 feet NR: 40 feet No structures are proposed with this application Pursuant to Section 3-202.A, the proposed lot has a minimum of 25 lineal feet of frontage on road right-of-way providing access. Section 3-202.B, 3-202.C, 3-202.D and 3-202.E are not applicable to this application. No structures are proposed with this application. Any owner proposing to build one or more structures will be responsible for ensuring compliance the Rural (R) Zone District conform to the requirements of Section 3-202. F. The proposed boundary adjustment will not result in any changes to drainage, access, will not affect utility services, and any other changes applicable to the subdivision regulations & Article 7 of the Garfield County Land-Use Code. 45 | P a g e Waiver Request Request for a waiver of Section 4-203 K submission requirements Section 4-203 K of the Garfield County LUDC specifies submission of an “improvements agreement” as part of this land-use application. The proposed boundary line adjustment request does not create any additional lots on the subject property. There are no changes to access, utilities, drainage or other issues on the property. As noted in the submittal, the request is to merge the westerly portion of the Shippee’s Draw property that is divided by the county road into an existing adjacent 186.96-acre property. The process of combining these two properties should not create any complexities for the county or other impacts. Waving of the requirement for submission of improvements agreement does not compromise a complete or proper review of the application. The applicant respectfully requests that this submission requirement be waived by the Director. Sufficient information is included in the application to support and justify this request. 46 | P a g e Part 2 – Boundary Adjustment Application Letter of Explanation 47 | P a g e Boundary Line Adjustment Affidavit 48 | P a g e 49 | P a g e Exhibit A - Legal Description of Parcel From Which Land is Being Conveyed Special Warranty Deed – Entire Shippee’s Draw Parcel 50 | P a g e Exhibit - B 53 | P a g e 54 | P a g e Exhibit C - Legal Description of West Side of Shippee’s Draw A parcel of land situate in the W 1/2 Section 4, Township 7 South, Range 87 West of the 6th Principal Meridian, Garfield County, Colorado, being described as follows; Beginning at the N 1/16 corner on the west line of said Section 4, being a found 3.25" aluminum cap stamped LS 15710, the basis of bearing being S89º18'38"E to the NW 1/16 corner of said Section 4, being a found.3.25" aluminum cap stamped LS 37049; thence S89º18'38"E a distance of 942.86 feet to the centerline of Garfield County Road 113; thence along said centerline the following 13 courses; 1) S14°19'39"W a distance of 173.59 feet 2) S17°11'34"W a distance of 204.14 3) along the arc of a curve to the right a distance of 186.61 feet having a central angle of 18°35'41" and a radius of 575.00 feet the chord of which bears S26°29'25"W a distance of 185.79 feet 4) S35°47'15"W a distance of 189.21feet 5) S33°37'06"W a distance of 107.09 feet 6) S31°36'28"W a distance of 103.71 7) S29°40'01"W a distance of 101.53 feet 8) S33°17'52"W a distance of 208.77 feet 9) S35°50'54"W a distance of 104.64 feet 10) S36°11'27"W a distance of 216.19 feet 11) S29°39'25"W a distance of 253.21 feet 12) S23°40'09"W a distance of 104.89 feet 13) S13°20'50"W a distance of 39.58 feet; thence S88º58'35"W a distance of 4.13 feet to the West line of said Section 4; thence N00º12'15"E a distance of 434.27 feet to the W 1/4 corner of said Section 4; thence N00º02'01"E a distance of 1314.26 feet the Point of Beginning: Said parcel contains 20.55 acres more or less. This description was prepared by: Alan R. VanPelt PLS 37049 118 Ouray Avenue Grand Junction, Colorado 81501 56 | P a g e Legal Description of East Side of Shippee’s Draw A parcel of land situate in the W 1/2 Section 4, Township 7 South, Range 87 West of the 6th Principal Meridian, Garfield County, Colorado, being described as follows; Commencing at the N 1/16 corner on the west line of said Section 4, being a found 3.25" aluminum cap stamped LS 15710, the basis of bearing being S89º18'38"E to the NW 1/16 corner of said Section 4, being a found.3.25" aluminum cap stamped LS 37049; thence S89º18'38"E a distance of 942.86 feet to the centerline of Garfield County Road 113 and the Point of Beginning; thence S89°18'38"E a distance of 386.39 feet to said NW 1/16 corner; thence S89º18'38"E a distance of 1113.25 feet; thence S44º32'42"W a distance of 153.29 feet; thence S65º23'41"W a distance of 591.31 feet; thence S31º25'39"W a distance of 232.99 feet; thence S37º53'34"W a distance of 150.93 feet; thence S19º26'20"W a distance of 185.74 feet; thence S56°40'50"W a distance of 400.31 feet; thence S36°39'06"W a distance of 460.17 feet; thence S52°31'45"W a distance of 282.38 feet; thence S34°41'25"W a distance of 119.96 feet; thence S88°58'35"W a distance of 617.69 feet to said centerline of Garfield County Road 113; thence along said centerline the following 13 courses; 1) N13°20'50"E a distance of 39.58 feet 2) N23°40'09"E a distance of 104.89 3) N29°39'25"E a distance of 253.21 4) N36°11'27"E a distance of 216.19 feet 5) N35°50'54"E a distance of 104.64 feet 6) N33°17'52"E a distance of 208.77 feet 7) N29°40'01"E a distance of 101.53 feet 8) N31°36'28"E a distance of 103.71 feet 9) N33°37'06"E a distance of 107.09 feet 10) N35°47'15"E a distance of 189.21 feet 11) along the arc of a curve to the left a distance of 186.61 feet having a central angle of 18°35'41" and a radius of 575.00 feet the chord of which bears N26°29'25"E a distance of 185.79 feet 12) N17°11'34"E a distance of 204.14 feet 13) N14°19'39"E a distance of 173.59 feet the Point of Beginning: Said parcel contains 37.03 acres more or less. This description was prepared by: Alan R. VanPelt PLS 37049 118 Ouray Avenue Grand Junction, Colorado 81501 57 | P a g e Deed Conveying West Shippee’s Draw Parcel 58 | P a g e EXHIBITS EXHIBIT – D AVLT Conservation Easement 60 | P a g e 61 | P a g e 62 | P a g e 63 | P a g e 64 | P a g e 65 | P a g e 66 | P a g e 67 | P a g e 68 | P a g e 69 | P a g e 70 | P a g e 71 | P a g e 72 | P a g e 73 | P a g e 74 | P a g e 75 | P a g e 76 | P a g e 77 | P a g e 78 | P a g e 79 | P a g e 80 | P a g e 81 | P a g e 82 | P a g e 83 | P a g e 84 | P a g e Exhibit E - Resolution 2019-33 Approving Quarter Circle 8 Ranch Rural Land Plat 85 | P a g e 86 | P a g e 87 | P a g e 88 | P a g e 89 | P a g e 90 | P a g e 91 | P a g e 92 | P a g e EXHIBIT - F Amended Final Plat of Land Being Conveyed and Accepted CERTIFICATION OF MINERAL OWNER RESEARCH This form is to be completed and submitted with any application for a Land Use Change Permit. Mineral interests may be severed from surface right interests in real property. C.R.S. § 24-65.5-101, et seq, requires notification to mineral owners when a landowner applies for an application for development from a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 (“LUDC”) Section 4-101(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property in accordance with C.R.S. § 24-65.5-101, et seq, “as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means.” This form is proof of applicant’s compliance with the Colorado Revised Statutes and the LUDC. The undersigned 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 undersigned applicant certifies the following (Please initial on the blank line next to the statement that accurately reflects the result of research): I own the entire mineral estate relative to the subject property; or Minerals are owned by the parties listed below The names and addresses of any and all mineral owners identified are provided below (attach additional pages as necessary): Name of Mineral Owner Mailing Address of Mineral Owner I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the LUDC. _____________________________________________ _________________________________ Applicant’s Signature Date United States of America United States, Bureau of Land Management,Colorado State Office, 2850 Youngfield Street, Lakewood, CO 80215 s/April 22, 2022 ASPEN | BUENA VISTA | GLENWOOD SPRINGS | LAMAR Post Office Box 790 | Glenwood Springs, Colorado 81602 | 970.945.6546 | BalcombGreen.com Ryan Mitchell Direct Dial (970) 928-3483 Receptionist (970) 945-6546 rmitchell@balcombgreen.com April 7, 2022 Glenn Hartmann, Senior Planner Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Quarter Circle 8 Ranch - Application for Boundary Line Adjustment and Final Plat Amendment Dear Glenn: C.R.S. § 24-65.5-103 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 not identify any mineral estate owners, including their addresses of record, “the applicant shall be deemed to have acted in good faith and shall not be subject to further obligations….” On April 6th we conducted the following tasks for Parcel No. 239104200249: 1. We researched the Garfield County Clerk and Recorder’s index of mineral owner requests for notification per C.R.S. § 24-65.5-103(a)(I)(B) and confirmed that no mineral owner for the subject property has filed a request for notification; and 2. We e-mailed with Casey Lawrence at the Garfield County Assessor’s office and he said to their knowledge there are no active mineral owners for the subject property. We also confirmed that the Assessor’s records for Section 4, Township 7 South, Range 87 West do not list any active or inactive mineral owners. This exceeds our obligations to search mineral owners under Colorado Statute. Thank you. Kind Regards, BALCOMB & GREEN, P.C. By: Ryan Mitchell, Esq. INVOICE Land Title Guarantee Company 5975 Greenwood Plaza Blvd Suite 125 Greenwood Village, CO 80111 970-945-2610 WENDY MCNULTY WENDY MCNULTY 7747 COUNTY ROAD 100 CARBONDALE, CO 81623 Invoice Number:GWS-5978 Date: February 09, 2022 Order Number:63018332 Property Address:9200 COUNTRY ROAD 113 CARBONDALE 81623 Parties:A Buyer To Be Determined Invoice Charges Service: TBD Commitment Ref: 63018332 Addr: 9200 COUNTRY ROAD 113 Party: SHIPPEE'S DRAW, LLC, A COLORADO LIMITED LIABILITY COMPANY Total Amount Invoiced: Less Payment(s): Balance Due: $217.00 $217.00 $0.00 $217.00 Due and Payable upon receipt Please make check payable to Land Title Guarantee Company and send to the address at the top of Page 1. Please reference Invoice Number GWS-5978 on your Payment Page 1 invoice.odt 14420 07/2015 07/30/13 11:06:43 AM Reference Your Reference Number:TBD Commitment - 63018332 Our Order Number:GWS-5978 Our Customer Number:88146.1 Invoice Requested by:WENDY MCNULTY Invoice (Process) Date:February 09, 2022 Transaction Invoiced By:Web Services Email Address:system@ltgc.com 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:GW63018332 Date: 02/09/2022 Property Address:9200 COUNTRY ROAD 113, CARBONDALE, CO 81623 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance For Title Assistance 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 Seller/Owner WENDY MCNULTY Delivered via: Electronic Mail WESTERN SLOPE CONSULTING LLC Attention: DAVIS FARRAR CARBONDALE, CO 81623 (970) 618-4708 (Work) DAVIS@COLORADOPLANNING.COM Delivered via: Electronic Mail Land Title Guarantee Company Estimate of Title Fees Order Number:GW63018332 Date: 02/09/2022 Property Address:9200 COUNTRY ROAD 113, CARBONDALE, CO 81623 Parties:A BUYER TO BE DETERMINED SHIPPEE'S DRAW, LLC, A COLORADO LIMITED LIABILITY COMPANY Visit Land Title's Website at www.ltgc.com for directions to any of our offices. Estimate of Title insurance Fees "TBD" Commitment $217.00 Total $217.00 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 10/21/2011 under reception no. 809697 Property Address: 9200 COUNTRY ROAD 113, CARBONDALE, CO 81623 1.Effective Date: 01/14/2022 at 5:00 P.M. 2.Policy to be Issued and Proposed Insured: "TBD" Commitment Proposed Insured: A BUYER TO BE DETERMINED $0.00 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: SHIPPEE'S DRAW, LLC, A COLORADO LIMITED LIABILITY COMPANY 5.The Land referred to in this Commitment is described as follows: PARCEL 14 A TRACT OF LAND SITUATE IN SECTION 4, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST 1/4 CORNER OF SAID SECTION 4; THENCE, N01°03'24" E, 1314.25 FEET ALONG THE WEST LINE OF SAID SECTION 4; THENCE, S 88°17'13" E, 1329.88 FEET ALONG THE NORTH LINE OF THE SW1/4 OF THE NW1/4 OF SAID SECTION 4; THENCE, S 88°17'13" E, 1112.62 FEET ALONG THE NORTH LINE OF THE SE1/4 OF THE NW1/4 OF SAID SECTION 4; THENCE, S 45°34'07" W, 153.29 FEET; THENCE, S 66°25'06" W, 591.31 FEET; THENCE, S 32°27'04" W, 232.99 FEET; THENCE, S 38°54'59" W, 150.93 FEET; THENCE, S 20°27'45" W, 185.74 FEET; THENCE, S 57°42'15" W, 400.31 FEET; THENCE, S 37°40'31" W, 460.17 FEET; THENCE, S 53°33'10" W, 282.38 FEET; THENCE, S 35°42'50" W, 119.96 FEET; THENCE, S 90°00'00" W, 622.00 FEET TO THE WEST LINE OF SAID SECTION 4; THENCE, N 01°13'40" E, 434.27 FEET ALONG SAID WEST LINE OF SECTION 4 TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:GW63018332 Copyright 2006-2022 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. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:GW63018332 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: GW63018332 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. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. 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 RECORDED JANUARY 25, 1978 UNDER RECEPTION NO. 283082, AND IN PATENT RECORDED OCTOBER 27, 1989 UNDER RECEPTION NO. 407096. 9.ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT RECORDED MARCH 20, 1937, IN BOOK 185 AT PAGE 276, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 10.TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS ENERGY RIGHT-OF-WAY EASEMENT RECORDED JUNE 05, 2009 UNDER RECEPTION NO. 769119. 11.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2019-33 RECORDED JUNE 11, 2019 UNDER RECEPTION NO. 921439. 12.TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED JULY 30, 2019 UNDER RECEPTION NO. 923483 AND RE-RECORDED SEPTEMBER 12, 2019 UNDER RECEPTION NO. 925315. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: GW63018332 13.TERMS, CONDITIONS AND PROVISIONS OF RIGHT-OF-WAY EASEMENT RECORDED MARCH 29, 2021 UNDER RECEPTION NO. 953265. 14.EASEMENTS AND RIGHTS OF WAY FOR COUNTY ROAD 113. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: GW63018332 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. Note: Pursuant to CRS 10-1-11(4)(a)(1), Colorado notaries may remotely notarize real estate deeds and other documents using real-time audio-video communication technology. You may choose not to use remote notarization for any document. 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 Company NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. . COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, 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 Craig B. Rants, Senior Vice President This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II —Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 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)