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Home My WebLink About1.00 General Application MaterialsPART 1A APPLICATION FORM 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): __________________ 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: $_____________________________ CAPPO PROPERTIES LLC. 2808 CR 117 GWS CO ∙(970) 230‐1529 Garfield County Community Development Planning Department and/or Planning Commission WAIVER REQUEST Sunlight Parkway LLC purchased 16.66 acres of property from the Bill and Charlotte Zilm in 2017. At the time of purchase it was understood that ALL utilities to service the property were already in place. Gas Line on the Property and service available to extend service City Electric Vault on the Property and available to extend service City Sewer taps on the Property and available in two locations to extend service Community Water on the Property and available to extend service During Construction on lot 1 Sunlight Parkway, owned by Cappo Properties, we found that the water line was insufficient for use. When we attempted to dig up the service line to connect we found a ¾” service that would not sufficiently service our property. We then looked at extending the service that line fed from (Community Water) and found that was in the adjacent subdivision over 500 feet off of the South end of the property almost 2,000 feet from where we required water. Due to those constraints we moved forward with acquiring water rights and engaging with the State of CO to drill a well on lot 1. Cappo Properties has since drilled a well and has sufficient water for lot 1 to supply both a house and ADU under the permit granted. We ask that the County waive the requirement to run the community water service to lot 1 ‐ 1. Do not have water available to us on the property as previously submitted ‐ 2. The community water is over the threshold of 400 feet away from the property. At this point, our water needs for lot 1 have been met and running the line is an added cost without benefit to the property. Even if the County were to make us run the line, the line is not necessary and would not be used. PART 1C STATEMENT OF AUTHORITY STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of ____________________________________, a _____________________________ (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the “Entity”), and states as follows: The name of the Entity is ________________________________________________________________, and is formed under the laws of __________________________________________________________. The mailing address for the Entity is _______________________________________________________ ____________________________________________________________________________________. The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is _______________________________ ____________________________________________________________________________________. The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert “None”): _______________________________ ____________________________________________________________________________________. Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): __________________________________________________ ____________________________________________________________________________________. EXECUTED this ______ day of _________________________, 20______. Signature: ______________________________________ Name (printed): __________________________________ Title (if any): _____________________________________ STATE OF __________________) )SS. COUNTY OF __________________) The foregoing instrument was acknowledged before me this _____ day of _________________, 20____ by ___________________________________, on behalf of __________________________________, a ____________________________________. Witness my hand and official seal. My commission expires: _______________ _____________________ (Date) (Notary Public) [SEAL] STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of ____________________________________, a _____________________________ (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the “Entity”), and states as follows: The name of the Entity is ________________________________________________________________, and is formed under the laws of __________________________________________________________. The mailing address for the Entity is _______________________________________________________ ____________________________________________________________________________________. The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is _______________________________ ____________________________________________________________________________________. The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert “None”): _______________________________ ____________________________________________________________________________________. Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): __________________________________________________ ____________________________________________________________________________________. EXECUTED this ______ day of _________________________, 20______. Signature: ______________________________________ Name (printed): __________________________________ Title (if any): _____________________________________ STATE OF __________________) )SS. COUNTY OF __________________) The foregoing instrument was acknowledged before me this _____ day of _________________, 20____ by ___________________________________, on behalf of __________________________________, a ____________________________________. Witness my hand and official seal. My commission expires: _______________ _____________________ (Date) (Notary Public) [SEAL] PART 1E OWNERSHIP DOCUMENTS Land Title Guarantee Company Date:June 21, 2017 JASON NEUMAN PO BOX 2317 GLENWOOD SPRINGS, CO 81601 jmn@dmneuman.com Subject: Attached Title Policy OX63011892.2352156 for TBD COUNTY ROAD 117, GLENWOOD SPRINGS, CO 81601 Enclosed please find the Owner's Title Insurance Policy for your purchase of the property listed above. This title policy is the final step in your real estate transaction, and we want to take a moment to remind you of its importance. Please review all information in this document carefully and be sure to safeguard this policy along with your other legal documents. Your owner's policy insures you as long as you own the property and requires no additional premium payments. Please feel free to contact any member of our staff if you have questions or concerns regarding your policy, or you may contact the Final Policy Department at Phone: 303-850-4158 or Email Address: finals@ltgc.com As a Colorado-owned and operated title company for over 45 years, with offices throughout the state, we take pride in serving our customers one transaction at a time. We sincerely appreciate your business and welcome the opportunity to assist you with any future real estate needs. Not only will Land Title be able to provide you with the title services quickly and professionally, but you may also be entitled to a discount on title premiums if you sell or refinance the property described in the enclosed policy. Thank you for giving us the opportunity to work with you on this transaction. We look forward to serving you again in the future. Sincerely, Land Title Guarantee Company OWNER'S POLICY OF TITLE INSURANCE ANY NOTICE OF CLAIM AND ANY OTHER NOTICE OR STATEMENT IN WRITING REQUIRED TO BE GIVEN TO THE COMPANY UNDER THIS POLICY MUST BE GIVEN TO THE COMPANY AT THE ADDRESS SHOWN IN SECTION 18 OF THE CONDITIONS. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (the "Company"), insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1.Title being vested other than as stated in Schedule A. 2.Any defect in or lien or encumbrance on the title; This covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) 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. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3.Unmarketable Title. 4.No right of access to and from the Land. 5.The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6.An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7.The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8.Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9.Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10.Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions.OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY a Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 612) 371-1111 Issued through the Office of: LAND TITLE GUARANTEE COMPANY 3033 E 1ST AVE #600 DENVER, CO 80206 303-850-4165 John E. Freyer, Jr., President Mark Bilbrey, President Rande Yeager, Secretary Copyright 2006-2015 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. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY Adopted 6-17-06 ao.06.policy.pg1.ort.odt EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1.(a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4.4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b) or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured. (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defensed as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "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, avenue, 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 insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must to so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligation to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in the subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expensed incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons, Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim or loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law; The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum; Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at: 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111. ANTI-FRAUD STATEMENT: 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. This anti-fraud statement is affixed to and made a part of this policy. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY Adopted 6-17-06 Copyright 2006-2015 American Land Title Association. All rights reserved. ao.06.policy.cover.odt Land Title Guarantee Company Representing Old Republic National Title Insurance Company Schedule A Order Number: GW 63011892 Policy Number: OX63011892.2352156 Amount: $262,500.00 Property Address: TBD COUNTY ROAD 117, GLENWOOD SPRINGS, CO 81601 1.Policy Date: May 23, 2017 at 5:00 P.M. 2.Name of Insured: CAPPO PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY 3.The estate or interest in the Land described or referred to in this Schedule and which is covered by this policy is: A FEE SIMPLE 4.Title to the estate or interest covered by this policy at the date is vested in: CAPPO PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY 5.The Land referred to in this Policy is described as follows: SUNLIGHT PARKWAY 2ND AMENDED PLAT OF SUNLIGHT PARKWAY ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 1, 2014 AS RECEPTION NO. 856617. COUNTY OF GARFIELD STATE OF COLORADO This Policy Valid only if Schedule B is attached. Land Title Guarantee Company Representing Old Republic National Title Insurance Company (Schedule B) Policy Number OX63011892.2352156 Order Number 63011892 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 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) (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. 6) RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 05, 1923, IN BOOK 73 AT PAGE 150 AND AT PAGE 151 AND RECORDED JUNE 20, 1893 IN BOOK 12 AT PAGE 233. 7) RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 05, 1923, IN BOOK 73 AT PAGE 150 AND AT PAGE 151 AND RECORDED JUNE 20, 1893 IN BOOK 12 AT PAGE 233. 8) UNDIVIDED ONE-HALF INTEREST IN ALL OIL, GAS AND OTHER MINERAL RIGHTS, AS RESERVED BY DAN C. WADSWORTH AND MARGARET WADSWORTH IN THE DEED TO J. HILTON WIX RECORDED JULY 27, 1948, IN BOOK 238 AT PAGE 83 AS RECEPTION NO. 165521, AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTERESTS THEREIN. 9) UNDIVIDED ONE-FOURTH INTEREST IN ALL OIL, GAS AND OTHER MINERAL RIGHTS, AS RESERVED BY J. HILTON WIX IN THE DEED TO OSCAR MATTHEWS AND BETTY MATTHEWS RECORDED SEPTEMBER 17, 1955, IN BOOK 287 AT PAGE 374 AS RECEPTION NO. 191425, AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTERESTS THEREIN. 10) UNDIVIDED ONE-QUARTER INTEREST IN ALL OIL, GAS AND OTHER MINERALS AS RESERVED BY RAYMOND SMALTZ IN THE DEED TO JOHN P. BERSHENYI AND CAROL A. BERSHENYI RECORDED NOVEMBER 1, 1951 IN BOOK 260 AT PAGE 546, AND ANY AND ALL ASSIGNMENTS THEREOF. (AFFECTS PARCEL A). 11) EASEMENTS AND RIGHTS OF WAY AS GRANTED TO PUBLIC SERVICE COMPANY IN INSTRUMENT RECORDED OCTOBER 20, 1959 IN BOOK 321 AT PAGE 126. 12) RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED NOVEMBER 25, 1974, IN BOOK 466 AT PAGE 556. Land Title Guarantee Company Representing Old Republic National Title Insurance Company (Schedule B) Policy Number OX63011892.2352156 Order Number 63011892 13) RIGHT OF WAY AND EASEMENT AS GRANTED TO ROCKY MOUNTAIN NATURAL GAS IN INSTRUMENT RECORDED JUNE 27, 1988 IN BOOK 736 AT PAGE 624. 14) EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF FINAL PLAT OF SUNLIGHT PARKWAY RECORDED APRIL 26, 1995 UNDER RECEPTION NO. 477155. 15) EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SHOWN ON PLAT OF SUNLIGHT PARKWAY RECORDED APRIL 26, 1995 AS RECEPTION NO. 477155 AND ON 1ST AMENDED PLAT OF SUNLIGHT PARKWAY RECORDED JULY 28, 2000 AS RECEPTION NO. 566968, AND 2ND AMENDED PLAT OF SUNLIGHT PARKWAY RECORDED DECEMBER 1, 2014 UNDER RECEPTION NO. 856617. 16) TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE ADJUSTMENT AFFIDAVIT RECORDED DECEMBER 10, 2014 AT RECEPTION NO. 856967. 17) EASEMENTS RIGHTS OF WAY FOR COUNTY ROAD 117. 18) MATTERS DISCLOSED ON ILC ISSUED BY SGM, CERTIFIED MAY 18, 2017, INCLUDING BUT LIMITED TO UNRECORDED UTILITY EASEMENT. SAID DOCUMENTS STORED AS OUR ESI 32959714 AND 32966339. PART 1F ADJACENT PROPERTY OWNERS Garfield County Colorado Land Explorer Print+ – 0 300 600ft  Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 218534100014 2833 117 COUNTY RD GLENWOOD SPRINGS ELEVATIONS 6100 LLC R080508 PO BOX 130 GLENWOOD SPRINGS, CO 81602 218534100014 2833 117 COUNTY RD GLENWOOD SPRINGS ELEVATIONS 6100 LLC R080508 PO BOX 130 GLENWOOD SPRINGS, CO 81602 218534300010 Not available GLENWOOD SPRINGS HEISEL TRUST R080145 3201 COUNTY ROAD 117 GLENWOOD SPRINGS, CO 81601 218534300011 3201 117 COUNTY RD GLENWOOD SPRINGS HEISEL TRUST R080146 3201 COUNTY ROAD 117 GLENWOOD SPRINGS, CO 81601 218534300012 3165 117 COUNTY RD GLENWOOD SPRINGS STARK, A WILLIAM R080032 303 IVANHOE STREET DENVER, CO 80220-5841 218534300024 Not available GLENWOOD SPRINGS CLINE, SANDRA L R081013 677 OVERLIN DRIVE GLENWOOD SPRINGS, CO 81601 218534300027 2808 117 COUNTY RD GLENWOOD SPRINGS CAPPO PROPERTIES LLC R084326 PO BOX 2317 GLENWOOD SPRINGS, CO 81602 218534300028 2808 117 COUNTY RD GLENWOOD SPRINGS SUNLIGHT PARKWAY LLC R084327 PO BOX 2317 GLENWOOD SPRINGS, CO 81602 218534400021 Not available GLENWOOD SPRINGS JAMMARON, GARRET & GLEN R080906 1122 PITKIN AVE GLENWOOD SPRINGS, CO 81601 218534402005 1717 163 COUNTY RD GLENWOOD SPRINGS SCHNEIDER FAMILY TRUST R008097 PO BOX 1700 GLENWOOD SPRINGS, CO 81602 218534402007 Not available GLENWOOD SPRINGS ROARING FORK LAND NO 6 LLC R008099 PO BOX 81505 WELLESLEY HILLS, MA 02481 ROW Not available null Garfield County Colorado Land Explorer + – 0 300 600ft  Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 218534300008 25 149 COUNTY RD GLENWOOD SPRINGS EPSTEIN, DAVID & SUNSHINE, JOANNE R080238 9777 PALMER DRIVE COBB, CA 95426 218534300009 3397 117 COUNTY RD GLENWOOD SPRINGS GREENE, JOSHUA K & MARION B R080194 3397 COUNTY ROAD 117 GLENWOOD SPRINGS, CO 81601 218534300010 Not available GLENWOOD SPRINGS HEISEL TRUST R080145 3201 COUNTY ROAD 117 GLENWOOD SPRINGS, CO 81601 218534300011 3201 117 COUNTY RD GLENWOOD SPRINGS HEISEL TRUST R080146 3201 COUNTY ROAD 117 GLENWOOD SPRINGS, CO 81601 218534300027 2808 117 COUNTY RD GLENWOOD SPRINGS CAPPO PROPERTIES LLC R084326 PO BOX 2317 GLENWOOD SPRINGS, CO 81602 218534300028 2808 117 COUNTY RD GLENWOOD SPRINGS SUNLIGHT PARKWAY LLC R084327 PO BOX 2317 GLENWOOD SPRINGS, CO 81602 218534301001 3490 117 COUNTY RD GLENWOOD SPRINGS SANDLER, JAMES H & RICHARD, MARGARET L R080368 2490 COUNTY ROAD 117 GLENWOOD SPRINGS, CO 81601 218534400020 5 ALPINE CT GLENWOOD SPRINGS JACOBI, MARIA CLAIRE R080742 5 ALPINE COURT GLENWOOD SPRINGS, CO 81601 218534400021 Not available GLENWOOD SPRINGS JAMMARON, GARRET & GLEN R080906 1122 PITKIN AVE GLENWOOD SPRINGS, CO 81601 218534400022 12 ALPINE CT GLENWOOD SPRINGS R080907 Contact Assessor 218534402005 1717 163 COUNTY RD GLENWOOD SPRINGS SCHNEIDER FAMILY TRUST R008097 PO BOX 1700 GLENWOOD SPRINGS, CO 81602 218534402007 Not available GLENWOOD SPRINGS ROARING FORK LAND NO 6 LLC R008099 PO BOX 81505 WELLESLEY HILLS, MA 02481 239503204006 Not available GLENWOOD SPRINGS SUNLIGHT VIEW WATER & WASTEWATER CO R080351 PO BOX 1943 GLENWOOD SPRINGS, CO 81602 ROW Not available null ROW Not available null PART 1G MINERAL OWNERS AND LEESEES Mr. Hartmann – With the help of Beverly Eberle (Garfield County Recording Clerk) we were able to research the current owners of Mineral Interests for this given property. As a result of our research I have attached to this memo two packets of information (since this property used to be part of a larger piece of property prior to it being split into separate properties). These two packets represent a complete history of how this property was passed on from one owner to the next. Also attached is Schedule B of the Title commitment so that you can reference who the mineral rights owners are (items 8-10). Schedule B on the Title Commitment refers to 3 mineral rights owners (these can be found on items 8, 9 and 10). Here is how you can link this information to the two attached packets: • Item 8 (on Schedule B) references Reception Number 165521… this can be found in attached Packet 1 • Item 9 (on Schedule B) references Reception Number 191425… this can be found in attached Packet 1 • Item 10 (on Schedule B) references Book 260 at Page 546… this can be found in Packet 2 (Reception Number 177555) Below is the process (based on the County Attorney’s Office Memo regarding Mineral Interest Research) on how we were able to obtain this information… please feel free to contact me if you have any further questions. Thanks Richard Carter Item 1 Review the current ownership deed for the property (i.e. Warranty Deed, Special Warranty, Quit Claim Deed or Bargain and Sale Deed—NOT a Deed of Trust). The ownership deed is usually one or two pages. Is there a reservation of mineral interests on the ownership deed? Are there any exceptions to title? A deed may include a list of reservations that reference mineral owners or oil and gas leases. Response: Schedule B (items 8-10) of the current Title Commitment, gave us a starting point for researching current mineral owners. From here we were able to backtrack and then confirm the owners through researching past property owners… below is a summary of our research. Item 2 Review your title insurance policy. Are there exceptions to title listed under Schedule B-II? If so, review for mineral interests that were reserved and oil and gas leases. Response: Mineral Interests indicated on Schedule B of the current Title Commitment matches our research (refer to response of Item 8 Below). Item 3 Check with the Assessor’s office to determine if a mineral interest has been reserved from the subject property. The Assessor’s office no longer documents the mineral reservation ownership for its tax roll records unless ownership has been proven. There are only a limited number of mineral owners who have provided such information to the Assessor’s office so this may not provide any information, depending on your property. Response: There was no information at the Assessor’s Office, so they referred us to the Recording Clerks office to continue our research. Item 4 Research the legal description of the subject property with the Clerk and Recorder’s computer. You can search the Section, Township, and Range of the subject property. You may find deeds for mineral interests for the subject property. Response: With the assistance of Beverly Eberle (Recording Clerk) we were able to research the subject property. Item 5 Research whether a Notice of Mineral Estate Ownership was filed for the subject property. On the Clerk and Recorder’s computer, search under Filter (on the right hand side of the screen), General Recordings, Notice of Mineral Estate Ownership for the subject property. Response: For this particular property, there was no Notice of Mineral Estate Ownership filed. Item 6 If you find mineral interest owners as reservations on your deed, listed in your title insurance policy, from the Assessor’s records or the Clerk and Recorder’s computer, you need to determine whether these mineral interests were transferred by deed and recorded in the Clerk and Recorder’s office. Response: With the help of Beverly Eberly, we were able to find the Mineral Reservation Owners on the deeds and then were able to move our research forward to the current ownership. From the original owners to the current property owners, we were able to determine that the mineral rights were never transferred. Item 7 Enter the name of the mineral interest owner as the Grantor in the Clerk and Recorder’s computer to see if the mineral interest was transferred. If you find a transfer deed, you need to repeat this process to follow any transfer of the mineral interest to present day. Response: Our research indicated that the original mineral interests were never transferred. Item 8 Include a description of your research process in your application and the name(s) and address(es) of the current mineral interest owner(s). Response: We searched from current property owners back to the individuals that have the minerals reserved. Our research indicates (and matches the names found on Schedule B of the current Title Commitment) that the following individuals have mineral ownership to this property: • Dan C Wadsworth and Margaret Wadsworth own ½ Mineral Interests as per deed dated July 22, 1948 (Reception No. 165521). No address is given on deed. Refer to attached document. • J. Hilton Wix owns ¼ Mineral Interest as per deed dated April 8, 1955 (Reception No. 191425). No address is given on deed. Refer to attached document. • Raymond Smaltz owns ¼ Mineral Interest as per deed dated July 28, 1951 (Reception No. 177555). No address is given on deed. Refer to attached document. PART 1H PROJECT DESCRIPTION PART 1H General Project Description Statement of Need ‐ We are submitting two different applications, both effecting the same two properties... an Amended Plat Application and a Minor Modification to a previously approved Minor Subdivision The Amended Plat Application is requesting an adjustment of the common property line between Lots 1 & 2, which will slightly increase the size of Lot 2 to include an area previously containing an access easement across Lot 1. This adjustment will eliminate the need for the easement, and the access driveway for Lot 2 will now be located entirely on Lot 2. The Minor Modification to the previously approved Minor Subdivision will address water and sewer services to Lot 1. The sewer is now proposed to be served directly by the City of Glenwood Springs, while a waiver is requested for the use of water by a well. PART 1I PRE‐APPLICATION CONFERENCE SUMMARY 1 Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE-APPLICATION CONFERENCE SUMMARY PARCEL NUMBER: 2185-343-00-027 & 2185-343-00-028 DATE: 10/26/21 & Updated 11/10/21 PROJECT: Amended Final Plat and Minor Modification Sunlight Parkway Minor Subdivision OWNERS: Cappo Properties LLC & Sunlight Parkway LLC REPRESENTATIVE: Jason Neuman PRACTICAL LOCATION: 2808 County Road 117, approximately 2 miles south of the City of Glenwood Springs on the east side of County Road 117 (Four Mile Road). ZONING: Rural TYPE OF APPLICATION: Administrative Review for an Amended Final Plat and Minor Modification to the Minor Subdivision Approvals I. GENERAL PROJECT DESCRIPTION The Applicant received approval for the Sunlight Parkway Minor Subdivision in 2019, creating two lots out of an approximately 16.66-acre parcel located in the Rural Zone District off of County Road 117. The Applicant has determined that adjustments to the minor subdivision plat and minor modification to the approvals are appropriate. The Amended Plat Application will request an adjustment of the common property line between Lots 1 and 2, slightly increasing the size of Lot 2 to include an area previously containing an access easement across Lot 1. The adjustment will eliminate the need for the easement and the access driveway for Lot 2 will now be located entirely on Lot 2. The Minor Modification to the Minor Subdivision approvals will address water and sewer services to Lot 1, which is now proposed to be served directly by the City of Glenwood Springs and not require use of taps associated with the Sunlight View Subdivision. A 2 second modification is to clarify in the conditions of approval that the easement across Lot 1 for access to Lot 2 is no longer needed based on the amended plat – lot line adjustment. The two Applications can be submitted and considered concurrently. T he Amended Plat requires public notice and Director’s Decision. The Minor Modification request is also subject to a determination by the Director but does not require public notice if the Application is determined to meet the minor modification criteria. Following the pre-application meeting, the Director has been consulted and is supportive of reviewing the modification as a minor (not substantial) amendment in accordance with Section 4-106)(B)(1)(a). The submittal requirements for the Minor Modification in addition to the Amended Final Plat are combined in the outline below. Updated plans and descriptions for the water and sewer service and updated plans/descriptions for access driveways need to be provided as part of the submittals. Copies of access permits from the County Road and Bridge Department should be provided along with a will serve letter from the City of Glenwood Springs. Other than the above noted requests the Application should reflect consistency with all other conditions of approval, representations, and plat notes. The amended plat will need to include all standard certificates and signature blocks and standard title commitments will also be required. II. REGULATORY PROVISIONS APPLICANT IS REQURED TO ADDRESS 1) Garfield County Comprehensive Plan 2030, as amended 2) Garfield County Land Use and Development Code as amended including Sections: a) Section 4-103 Administrative Review b) Section 4-106 Amendments to an Approved Land Use Change Permit, including Section 4-106(B)(1)(a) Review Process and Section 4-106(c) Review Criteria c) Table 5-103 Common Review Procedures and Required Notice d) Section 5-305 Amended Final Plat Review, including Review Criteria e) Section 5-402 Final Plat 3) Garfield County Article 7 Standards as applicable III. REVIEW PROCESS – Administrative Review The request will be reviewed in accordance with Section 4-103, Administrative Review, Section 4-106 Amendments to a Land Use Change Permit, and consistent with Table 5-103, Common Review Procedures and required Notice. Please see attached flowchart. IV. SUBMITTAL REQUIREMENTS Application materials are generally summarized below. Please refer to Table 5-401, Section 4-203, and 5-402 for a more detailed description of each requirement. 3 1) General Application Materials a) Application form – available on Community Development’s website. Signatures by both owners will be required. b) Letter of Authorization – if the owner intends to have a representative submit the application c) Statement of Authority – as the properties are held by LLC’s Statements of Authority for both LLC’s will be required (see attached form) d) Payment Agreement Form – available on Community Development’s website e) Ownership Documentation – a copy of the property’s deed and associated title work with information on any lien holders (a title commitment for both lots is requested) f) Adjacent property owners - names and mailing addresses of all owners of the property within 200’ of the subject parcel – this is available using the Garfield County Land Explorer tool available on the Garfield County website g) Mineral Owners and Lessees - names and mailing addresses of all mineral owners on the subject site, see attached memo for help obtaining that information h) General project description i) Copy of this pre-application form 2) Vicinity Map – 8”x11” copy, showing the parcel boundaries and the area approximately 3 miles surrounding the site 3) Site Plan - This should show the improvements on site and in particular improvements related to changes in access, water and sewer services affected by the proposed amendment and modification 4) A copy of the proposed Final Plat Amendment 5) A copy of the approved and recorded current Final Plat 6) Copy of the current Director’s Decision 7) Updated plans/descriptions for changes to the Water Supply Plan and wastewater plans including any required engineering/designs. 8) A Will Serve letter from the city of Glenwood Springs for water and sewer services 9) The request should be consistent with all applicable provisions of Article 7, Divisions 1, 2, 3, and 4. The Application should include at a minimum representation that the amendment will not result in any changes to drainage, will not affect utility services, and any other applicable Subdivision and Article 7 topics. 10) The Application needs to provide a statement addressing that the revised driveways will meet the Roadway Standards detailed in Table 7-107 11) Copies of Road and Bridge Department Access Permits 12) The Application needs to address approval criteria in Section 5-305 (Amended Plat) and the criteria in Section 4-106(C) (minor modification) Submit three paper and one electronic copy (CD or USB Stick) of the application. Both the paper and digital copies should be split into the above individual sections. Additional meetings with Staff can be scheduled to address specific questions regarding waiver requests including submittal waivers. 4 V. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: _X_ Director’s Decision (with notice but not a hearing) ___ Planning Commission ___ Board of County Commissioners ___ Board of Adjustment c. Referral Agencies: May include but is not limited to: County Surveyor, County Attorney, County Consulting Engineer, County Road and Bridge, County Environmental Health, local Fire Protection District. VI. APPLICATION REVIEW FEES a. Planning Review Fees: $ 100 (Amended Final Plat) $ 300 (Amendment to Land Use Change Permit) b. Referral Agency Fees: $ (Other fees TBD – County Designated Engineer) c. Total Deposit: $ 400 (additional hours are billed at $40.50 /hour) VII. GENERAL APPLICATION PROCESSING The foregoing summary is advisory in nature only and is not binding on t he County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six-month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary informatio n can be redacted from documents prior to submittal. Pre-application Summary Prepared by: __ __________________________________________ 11/10/21__________ Glenn Hartmann Date Principal Planner 5 6 7 STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of ____________________________________, a _____________________________ (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the “Entity”), and states as follows: The name of the Entity is ________________________________________________________________, and is formed under the laws of __________________________________________________________. The mailing address for the Entity is _______________________________________________________ ____________________________________________________________________________________. The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is _______________________________ ____________________________________________________________________________________. The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert “None”): _______________________________ ____________________________________________________________________________________. Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): __________________________________________________ ____________________________________________________________________________________. EXECUTED this ______ day of _________________________, 20______. Signature: ______________________________________ Name (printed): __________________________________ Title (if any): _____________________________________ STATE OF __________________) )SS. COUNTY OF __________________) The foregoing instrument was acknowledged before me this _____ day of _________________, 20____ by ___________________________________, on behalf of __________________________________, a ____________________________________. Witness my hand and official seal. My commission expires: _______________ _____________________ (Date) (Notary Public) [SEAL] 8 9 10 PART 2 VICINITY MAP Garfield County Colorado Land Explorer + – 0 0.2 0.4mi  PART 3 SITE PLAN 4 Mile RoadNorthwaterelecProperty Line4 Mile RoadLot 2Sunlight ParkwayMinor Subdivision8.765 AcresLot 1Sunlight ParkwayMinor Subdivision7.895 AcresExisting DrivewayPermit GRB18-D-25Sunlight Parkway P.U.D.Resubdivision of Lots 1 & 2, Sunlight Parkway Minor Subdivision,Situate in Section 34, Township 6 South, Range 89 West of the 6th P.M.County of Garfield, State of ColoradoExisting CommonProperty Line(dashed)Proposed CommonProperty Line Adjustment(solid)Existing Water3/4" LineExisting Garage BuildingExistingDrivewayNew Sewer Line(to 4 Mile Road)Existing well location (referto included Waiver ofStandards request)Future single familyresidence and driveway302' to exist. 3/4" water line1,250' distance to community water (from 3/4" line)community waterconnection pointSCALE: 1" =200'Site Plan PART 4 PROPOSED FINAL PLAT AMENDMENT PART 5 APPROVED AND RECORDED CURRENT FINAL PLAT PART 6 CURRENT DIRECTOR'S DECISION PART 7 UPDATED PLANS A C O L O R A D O WELL PERMIT NUMBER 84497-Fca0DivisionofWaterResources Department of Natural Resources RECEIPT NUMBER 10001652 ORIGINAL PERMIT APPLICANT(S) CAPPO PROPERTIES LLC PERMIT TO CONSTRUCT A NEW WELL APPROVED WELL LOCATION Water Division: 5 Water District: 38 Designated Basin: N/A Management District: N/A County: GARFIELD Parcel Name: SUNLIGHT PARKWAY Lot: 1 Block: Filing: Physical Address: 2808 COUNTY ROAD 117 GLENWOOD SPRINGS, CO 81601 NE 1/4 SW 1/4 Section 34 Township 6.0 S Range 89.0 W Sixth P.M. Well to be constructed on specified tract of land ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shalt be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2), on the condition that this welt is operated in accordance with the West Divide Water Conservancy District Augmentation Plan approved by the Division 5 Water Court in case no. 02CW0123. If this well is not operated in accordance with the terms of said decree, it will be subject to administration including orders to cease diverting water. WDWCD contract #FM200521CPL(a). 4) The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling, one (1) accessory dwelling unit, and the irrigation of not more than one acre (43,560 square feet of home gardens and lawns. 5) The pumping rate of this well shall not exceed 15 GPM. 6) The annual withdrawal of ground water from this well shalt not exceed 2.57 acre-foot. 7) The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 8) The owner shalt mark the welt in a conspicuous location with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shalt take necessary means and precautions to preserve these markings. 9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 10) Pursuant to Rule 6.2.3 of the Water Well Construction Rules, the well construction contractor shall submit the as -built well location on work reports required by Rule 17.1 within 60 days of completion of the wetl. The measured location must be accurate to 200 feet of the actual location. The location information must include a CPS location (UTM coordinates) pursuant to the Division of Water Resources' guidelines. NOTE: Parcel Identification Number (PIN): 23-2185-343-00-027 NOTE: Assessor Tax Schedule Number: R084326 NOTE: This permit will expire on the expiration date unless the well is constructed and a pump is instatted by that date. A Wetl Construction and Yield Estimate Report (GWS-31) and Pump Installation and Production Equipment Test Report (GWS-32) must be submitted to the Division of Water Resources to verify the well has been constructed and the pump has been installed. A one-time extension of the expiration date may be available. Contact the DWR for additional information or refer to the extension request form (GWS-64) available at: http://water.state.co.us Printed 07-10-2020 For questions about this permit call 303.866.3581 or go to www.water.state.co.us Page 1 of 2 WELL PERMIT NUMBER 84497-F RECEIPT NUMBER 10001652 Date Issued: 7/10/2020 Issued By DWIGHT WHITEHEAD Expiration Date: 7/10/2021 Printed 07-10-2020 For questions about this permit call 303.866.3581 or go to www.water.state.co.us Page 2 of 2 I # ' 4 # • DITISIOn OF TIATER RESQfRCES DEPARTMENT OF NATURAL RESOURCES DENVER, CO 80203 RESIDENTIALN.te i use this form to apply Water Well Permit Application instructionsReviewformpriorcompleting . Hand completed forms must be completed in black or blue ink or typed. Arlinlicant Infomatio-iiii Gappo Properties, LLC voiiWng address " an . — ra .. P.O. Sox 2317 DWR Division 5 Received 5/27/2020 10001652 5, Use Of Well (check applicable boxes) See instructions to determine use(s) for which you may qualify A. Ordinary household use in one single-family dwelling n4 outside USe) SLd3e .rep rode. N B. Ordinary household use in 1 to 3 single-family dwellings: 1602 Numher of dwellings J—±J-6 U Home gardenllawn irrigation, not to exceed one acre: ljmn@dmneuman.com area irrigated 1 sq it, [Z acre check applicable boxesppb Domestic animal watering — (non-commercial) Change source (aquifer) C. Livestock watering (on farm/ranch/range/pasture) Reapplication (expired permit) Rooftop precip. collection 7 Well Data (proposed) Other: hriaximurn pumming rate Annualamounito be withdrawn e} 15 gpm '2 91 acre-feet n_ case 4watercouifcasetotaldepth aquifer t_ ^ feet n Determinatfor# _... i Well name or is r # err -• r• _ r County Garfield NE tl4ofthe W 114 Section TownshipN'or Range .Eor1N Prinrat.,altaenanair 34 15 IF- I 9 lei` 0 6th n r3[ t3 w7,r, c;f well hom ser,Von lines (section knes are typically noteloper y lanes)... Ft from 7, N F,S Ft torn 'E C: VV per FeFEcemen[s^eei s only- distance arid 'direction team ofzd well to new ll feet _ Direction Weilocataon address (Inarde C;Ity State, Zip) „] Check ifwrell address is same as In Item 1 2808 County Road 117, Glenwood Springs, CO 81601 Optlonal: GPS v,--1l location information in UTM format. GPS unitsethrigs are asfollows: Format must be UTM l Zone: 12 or _ Zone 13 trasting . Units must to Meters P Datum must be M16AD83 Noaling: .. Unit must he set to true north t?e:ricmber to su 1),aturericy 'd,i1393 Was GPS unit checked for above? YES 5. Parcel On Which Well Will Be Located You must attach a current deed for the subject parcel) A, You must check and complete one of the following: Subdivision: Name Sunlight Parkway Minor Subdivision Lot 1 Block Filing/Unit County exemption ( attach copy of county approval & survey) Name/## Lot # Parcel less than 35 acres, not in a subdivision attach a deed with metes bounds description recorded prior to June 1, 1972, and current deed Mining claim ( attach copy of deed or survey) Name(#: Square 40 acre parcel as described in Item 4 Parcel of 35 or more acres (attach metes & bounds description or survey) AQL6AMAP Other: (attach metes & bounds description or survey) VVE B. # of acres in parcel " C, Are you tie owner o° this parcel? WE 7,913 lZ YES N0 t F' 1FCraD, VViri this be the oniV wrelt on this parcel? x I YES T,2NO (.frla .:.list other we4 s) TOPO MY3AR FBI) E. State Parcel IDV i TB:.. Is this parcel within boundaries of a water service area?E7, YESE] NO if yes, provide name of + 9. •. Of Sewage System 11 Septic tank / absorption l Central system: District name: City of Glenwood Springs r Location r to be hauled to: El Other ( explain) Sign or Enter Name of Applicant(s) or Authorized Agent 24-4- 104 (13)(a)I have read the statements herein, know the contents thereof and state that thev are true to my knowledoe. degree, which is punishable as a class 1 misdemeanor pursuant to CR.S, 5127/20 '_.._. Office Use Only UbtaS reap rman7e Order #1266 I Receipt area 5 WD 38 SA 1100 DWR Division 5 5/27/2020 State.co.us Executive Branch Mail - Well Permit Application - Cappo Properties Received 5/27/2020 10001652 STATE OF Whitehead - DNR, Dwight <diht.hitehea@state.co.us> COLORADO I-_ .. •• • ••• ••- message Goluba & Goluba PC <golubapc@comcast.net> To: Dwight Whitehead <dwight.whitehead@state.co.us> Dwight, Attached are a Well Permit Application for Cappo Properties, LLC, a copy of the West Divide Allotment Contract and a copy of the Deed reflecting ownership of the property upon which the well will be located. You will note that the Applicant further subdivided the property into two Lots after it was acquired. The Well shall be located on and serve Lot 1, Sunlight Parkway Minor Subdivision. The use shall include one single family residence, one ADU and 1 acre of home/garden irrigation. Let me know if you have any questions or need anything further. Otherwise, please give me a call at your convenience and 1 will pay the $100 Application Fee with a credit card. Thank you. Neil W. Goluba Goluba & Goluba PC PO Box 931 Glenwood Springs, CO 81602 Telephone: (970) 945-9141 Facsimile: (970) 945-9143 e-mail: <mailto:golubapc@comcast.net> golubapc@comcast.net CONFIDENTIALITY NOTICE: The information contained in this e-mail and any attached documents is protected by the ATTORNEY/CLIENT and/or ATTORNEY WORK PRODUCT PRIVILEGES and is intended only for the addressee(s) named above. If you are not the intended recipient, you are hereby advised that any disclosure, copying, distribution or the taking of any action in reliance upon the information contained herein is prohibited. If you have received this e-mail in error, please immediately notify the sender and delete it from your system. 3 attachments Permit Application.pdf 104K Wed, May 27, 2020 at 12:30 PM https://mail.google.com/mail/u/O?ik=2ad3413e25&view=pt&search=all&permthid=thread-f%3Al 667870623512101376&simpl=msg-f%3Al 6678706235... 1 /2 5/27/2020 State.co.us Executive Branch Mail - Well Permit Application - Cappo Properties mmNry West Divide Contract.pdf 2846K w Deed.pdf 79K DWR Division Received 5/27/2020 10001652 https://mail. goog I e.com/mail/u/O? i k=2ad3413e25&view=pt&search=a I I &permth id=th read-f%3Al 667870623512101376&si m pl=msg-f%3A l 6678706235... 2/2 892726 05/23/2017 01:51:07 PM Page 1 of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $13.00 Doc Fee: $26.25 eRecorded III I p Ill I II111111111111111 II II Warranty Deed Pursuant to 38.30-113 C.R.S.) DWR Division 5 Received 5/27/2020 10001652 State Documentary Fee Date. May 23, 2017 26.25 THIS DEED, made on May 2i, 201by WILLIAM M. ZILM AND CHARLOTTE B. ZILM Grantoi(s), of the County of GARFIELD and state of c-x:. Iorrc.Gtc.> for the consideration of ($262,S00.00) -- Two Hundred Slaty Two Thousand Five Hundred and 001100 *" dollars in band paid, hereby sells and conveys to CAPPO PROPERTIES, LLC, A COLORADO MIXED LIABILITY COMPANY Gran e(sl whose street address is GLE NWOOD SPRINGS, CO 160>I; County of GARFIELD, and State of COLORADO. the following real properly in the County of Garfield, and State of Colorado, to wit: .W--I. o ' x Z'— 1, ) SUNLIGHT PARKWAY 2ND AMENDED PLAT OF SUNLIGHT PARKWAY ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 1, 2014 AS RECEPTION NO.856617. COUNTY OF GARFIELD STATE OF COLORADO also ]mown by street and number as: TED COUNTY ROAD 1t7 GLENWOOD SPRINGS CO 81601 with all its appurtenances and warrants the title to the same, subject to general taxes far the year 2017 and those spetaftc Exceptions described by reference to recorded documents as reflectid in the litre Documents accepted by Grantee(s) in accordance with Record Title Matters (Section 8.2) of the Contract to Buy and Sell Real Estate relating to the above described real property; distribution utility easements, (including cable T19; those specifu al (y described rights of third parries not shown by the public records of which Grantees) has actual knowledge and which were accepted by Gnantee(s) in accordance with Off -Record 71de Matters (section 8.3) and Current Survey Revbew (Section 9) of the Contract to Buy and Sell Real Estate relatoW to the above described real property; inclusions of the Property within any special tan district; and other NONE WHAJAM M.M. Z T QiARI,OTTE B. ZILM State of COLORADO County of GARFIELD I tRIE J CRUZ-P47TER NOTARY PUBLIC ATE OF COLORADO NOTARY SD 20064036483 My ComrNseion Expkes November 4, 2017 r Ck The foregoing instrument was acknowledged before me on this day of May 23, 2017 by WILLIAM M. ZILM AND CHARLOTTE B. ZILM NotaryPuc % My commission expires 1 t- mi1 WhenRecorded Return to: CAPPO PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY TED COUNTY ROAD 11.7 GLENWOOD SPRINGS, CO $1601 riqlk Form 13084 OV2011 wd.odt Warranty Deed (Htotogeaphic) GW63011892 {2SOM52) NN WEST DIVIDE WATER CONSERVANCY DISTRIC T Cappo Properties, LLC PO it 2317 Glenwood.a,tl&l Re: Application to Lease Wat(M DWR Division 5 Received 5/27/2020 10001652 818Tauglienbaugh Blvd., Suite 101 P.O. Box 1478 Rifle, Colorado 81650-1478 Tel: (970) 625-5461 Web: Nvwwwdwcd.org Email: water@wdAvcd.org The next step is to obtain a new well permit from the Colorado Division of Water Resources office in Glenwood Springs. 1111 R111 e111111] IN 11111111 1111111: M1101"I'M i III loll ---- ZI! * T VyR; IV sm &IIIII requirements are grounds for cancellation of this contract, which could result in action by the Colorado Division of Water Resources to curtail further use of the well, iw m'l Tammy Keenan UNR4 ---• LMill MWOf rj I I U-17-1 0 1 Directors: Samuel B. Potter Kelly Coney Richard L McNeill Bruce E. Wampler Dan R. Harrison WEST DIVIDE WATER CONSERVANCY DISTRIC11 APPLICATION TO LEASE WATER 818'faughenbaugh Blvd, 410t. P, 0 Box 1478. Rifle. CO 81150 970-625-5461 wateriiwxhNed mg I. API'LICANT FXFORNLMON Nanic Cap Properties, LLC Mailingaddros-,' P.b. Box 2317 Oie-n"wood -Springs, CO 81602 rvivphouc: (970) 230-1529 I nraij imn@dmneut-nan.com Authorized anent: Jason Neuman DWR Division 5 Received CONTRACT # FM200521CPL(a) 5/27/2020 MAP ID # F76 10001652 DATE ACTIVATED: 5/21/20 A LOC TIONOFSTRUCTURE Count.) Assessors Pamul Number 218534300027 County Quadel tQuartcl Qqjaller Gar -field Scution Township Rango P M, 34 6 South 89 West 6th Distance ofwell front section lines: 2. COMI"CASE as: DQcreeCase No. llewotion, 6150 Angruentafroft 11anCaseNo, Nell location address: 3 VSFnVWA, rvi1 Glertwoc d qpji RESIDENTIAI Nuinber of niain residences: 1 No. ADU's 1 Subdivision: No constructed units. No vacant lots I lorne garden lavn irrigation of - 43,560 total sq, ft Method ofirrigation: flood_.,., _ spritiklcr___x other Non-corninercial aninial watering, of 0- animals Fire Protection X Evaporation: Maximum Nvater surface to be exposed: _n/a Description of any use, other than evaporation. and method of diversion. rate of diversion. and annual amount of diversion of ant water xvitlrdrawn frorn the pond: n/,a____, _ Well Sharing Agreement fear inuftiple owner wens must be submitted If greater than two ouwers, application must be made under a homeowners association CONIXIERCIAL Number of units: Total sq, ft, of conunercial units: Description of use: INDUSTRIAL Description of use Evaporation: Maxinruin water surface to be expoqed!__ Description Of any use:, other than evaporation. and method of diversion, rate of diversion. and annual nruount of diversion of any water withdrawn from the pond: DIRECr Pvvimc Tributarv: Location: 4. SOL- RCE OF WATER Structure: jALgIj Structure Nance: Source: surface storage______ ground vvater- X Current Pcnnit 1-- ( attach copy) Attach additionutpages for tnulfi)Ie Irijvturff 6. LAND ON WHICH WATER WILL BE USED Legol deSeription may be provided as an attachnient) LQuftLlgh t J p_(KN q_y Minor Subdivision NUrnber of acres in tract 7.918 Inclusion into the District, at Applicant's avpense, may he required 7 fyin. OF SENVAGE SYSTEM Septic tank;absorption leach field Central Svstern X - Other --,,,- District earn e: City of Glenwood Springs ' VOLUME OF LEASED NVATERNEEDED IN ACRE FEET: 2..91 _aCre feet ( ininnnum of I acre foot except augnientation front Msbut) Rescrvoii where a lesser anionni, is allowed) Provide engineering data to support volume of water requested Con nuerciu4 municipal, and industrial users must provide diversion and consumptive data on a monthly basis. and usage reported to West Divide, Applicant ewpressty acknowLedges it has had the opportunity to review the Distri&vform WaterAllohnent Contract and agrees this application is tuadepars"ant andso to the Mm ond conditions contained It L A pficant ' enature Applicant Signature Application ])are: ISSU.ED AS AREA B CON'rRACT YES X NO Printed portions ofthis form. except differentiated additions oi deletions. have been approved and adopted by the West Divide WaterConservanoy Disbict, Form : WDWCD 2017 AP111 icvriox i f Geol.oeati n (39.483285395061586 107.31491938833008) Functions Legend Geo lookup: enter District your Geol-o ation and ounderidsl dick Goa is ury 2808 County Road 117 Glen, eservolr Go service area Four mile service area Silt Mesa service area www.wdwed.org/proof.html DWR Division 5 Received 5/27/2020' 10001652 1/2 r) C. gQ V 0 O M O 01 N yNyV O ((WO0 O M OOOM600Ofp F RE 00000006 O C O O fV o OI- 4> y yy y O O C N m LL n tp n^ h O t0 N O fp h h O Cl O LL'Ih sY ? O O S d¢ OOCIG OO COCG OOI vi O o H o ca o0000000S000lo E E CLL° oo0 0dddcidddd6 o c 0 pEmU j j m + W a yfl o rn II y tll 0 Q C C U tYJc ccy E E % N 0 V Oppppppppppa Ci 0 0 0 0 0 0 0 O 0 aid 0 0 + t . Cd 0 mm t,s Q m m O p C c E E 'E '° a U U a G T c LL O O O t0 W CD O O O O O OI OOOMOVNNOOE v W v v C Yp Q 7NODo O ma d000000ci ciodd W c c o o c c c € a to C_ U0 h Wz°ci Zjz 000 U q HQUS p pp pp OOO< t00 t0 en M O < O N M C N W a j a O O O O O O O O O O O W fi uico Z I 3 CDC E y ow c ce '4W o0 c U o 0 0 0 0 0 0ppp 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 n cJO 0 0 o0000000000clo o E •ro i b 01 p a 0 U h7 G ( L m Q m a N y 0 po 9 00 0 0 0 0 0 0 0 0 0 f! •p w EECj0000OOOOOOU0Od.. C O CO CU n eUOmomCiO¢ O W z v a¢ o 0 0 6 6 6 od 6 6 6 z 0 o" o 0 0 0 0 0 0 0 0 0 0 0 m a E y e w¢¢LL> zz c a y 8 O f W a X z U0. a c C') W 0 Q o c--- y.' g C. O U y aaz C Qc. D a m a y M tb J] b m 0pC ' W C ' p O N A OD Of N Cc VyjC U) > > • > W C c Vi C Tt -. •- C R (J Q rp O M v V' N N O m o000000 m U O C O C Gi E mm' di$ v c Boa U aW2 n usoMMMo ovco ii Q y ai E a 4 0 'E O O O O O O O /`7 3 O E 2 vo. m zCOrz C9a >Ua LL a» avWio S m V Q Il DWR Division 5 Received 5/27/2020 10001652 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT Name of Applicant- Cappo Properties, LLC Quantity of Water in Acre Feet: 2.91 CONTRACT # FM200521CPL(a) MAP ID # F76 DATE ACTIVATED: 5/21/20 Applicant. hereby applies to the West Divide Water Conservancy District. a political subdivision of the State of Colorado, organised pursuant to and emstung by virtue of C R.S. 1973, Section 37-45-10 I . et sect, (hereinafter referred to as the "District") for an allotment contract to beneficialiv and perpetually use water or water rights owned, leased. or hereafter acquired by the District By execution of this Contract and the attached Application, Applicant hereby agrees to the following terms and conditions: Water RiL,hts: Applicant shall own water rigli is at the point of diversion herein lawfutly entitling Applicant to divert water, which will be supplemented and augmented by water leased herein. It Applicant intends to divert through a well, it must be Understood by Applicant that no right to divert exists until a valid well pennit is obtained from the Colorado Division of Water Resources. Quantity: -Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, and when xvater is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the: Applicant by the District w ill be limited by the priority of the District's decrees and by the physicaland legal aValla17111t} of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terns and conditions of this Contract. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant detennunes it requires less water than the amount herein provided. Applicant may so notify the District in writing, and the amount of water allotted under this Contract shall be reduced pernianenth in accordance with such notice. Rates shall be adjusted accordungly in following water years only. 3. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: industrial, municipal, domestic and related uses, or conunereial (except for commercial use from Alsbury Reservoir and except to the exiennt that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07-70-WO547 between the United States and the West Divide Water Conservancy District). Applicants beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased. operated, or under Applicant's control. Decrees and Delivery: Exchange releases nnade by the District out of storage from Ruedi Reservoir. Green Mountain Reservoir. Alsbury Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release or delivery of water at such outlet or points shall constitute performance of the District's total obligation. Deli very of water by the District from Ruedi Reservoir or Green DWR Division 5 Received 5/27/2020 10001652 Mountain Reservoir shall be subject to the District's lease contracts vyith the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laves, rules, and regulations governing releases therefrom. Furthermore. the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District on the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each vyater year (October 1), shall revert to the water supplies of the District Such reversion shall not entitle Applicant to any refund of payment made: for such water Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right. a nd neither the District, nor those entitled to utilize the District's decrees, may call on any greater aillaunt al flew OF alw*Rate poifits 4diV0R__,iQ)A. '1U_' PiStFiGi Shall FeEliiest !lie Gol()Fada Pivisioll Of Water. Re'se-pGor, 49 astimat a ncu -- losses between the original point and any a1wrilate point, and such estimate shall be deducted from this amount in each case. Water service provided b} the District for properties located within the Bluestone and Silt Water Conservancy District-, is provided pursuant to Agreements with said Districts. The Intergovernmental Agreement between the District and the Silt Water Conservancy District, dated January 25, 2001, is recorded as Reception No, 575691. Garfield County Clerk and Recorder's Office The Intergovernmental Memorandum of Understanding between the District and the Bluestone Water Conservancy District. dated April 26,2001, is recorded as Reception No. 584840, Garfield County Clerk and Recorders Office. Pursuant to Federal Law, the cultivation of marijuana is illegal The U.S. Bureau of Reclamation has declared it unlaN--ful to use Federal water facilities for the irrigation of marijuana or in furtherance of tine cultivation of marijuana. 'Ihe West Divide Water Conservancy District provides augmentation water to contractees from Ruedi Reservoir and Green Mountain Reservoir, both of which are Federal water facilities managed by the Bureau of Reclamation. Tlierefore, the West Divide Water Conservancy District will not contract to provide augmentation water from Ruedi Reservoir or Green Mountain Reservoir for the irrigation of marijuana or in furtherance of the cultivation of marijuana. Any such contracts shall be deemed null and void The West Divide Water Conservancy, District owns or possesses delivers, contracts for other non-Fedeml water sources from which the District is able to provide augmentation water for the irrigation of marijuana or on furtherance of the cultivation of marijuana. Should any contractee obtain a water allotment contract from the West Divide Water Conservancy District for the augmentation or irrigation of nnari uana or on furtherance of the cultivation of marijuana, any and all such water sln<all be deenned to come from the non -Federal sources referenced above. 5. Alternate Point of Diversion and Plan of Au^inentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required on order for Applicant to use the water sery ice contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessan• to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated hereon, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary, to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted sunder this Contract. In the event the Applicant intends to apply for an alternate poinnt of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the DWR Division 5 Received 5/27/2020 10001652 Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay an) amount under Paragraph 19 below. In any event, the District shall have the right to approve or disapprove tire Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all ple-adings and other papers tiled with the water court in the adiudication thereof 6. Contract Pavment: Non-refundable. one time administrative charge, in the amount determined by the Board of Directors of the District from tune to time. shall be submitted with the application for consideration by the District. Annual paynnnent for the water service described herein shall be determined by the Board of Directors of the District. The initial annual payment shall be made in hull, within thirly (30) days after- the date of notice to the Applicant that the initial payment is due. Said notice will advi+e the Api lieanl arnc rrgQiher thine oftlte v+atar lelivct yearit) which die initial pay mentsirall-appl%-slid litep ierivhieh inapplicable — - to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each Janu<a} 1. Iran annual payment is not nnade by the due date a flat $60 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail. return receipt requested. to the Applicant at such address as may be designated by the Applicant in writing or set forth in, this Contract or Application. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the anal rate in its sole discretion for future years only If payment is not made within fifteen (1 5) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or interest under this Contract without further notice. and deliver), may be inunediately curtailed The allotment of w ater, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this water allotment Contract with the District, the District shall notify the Division of Water Resources offices nn Denver and Glenwood Sprirngs The Division of Water Resources may then order cessation of all water use. Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to. reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8, Assignment: 'Ibis Contract shall not inure to the benefit of the heirs. successors or assigns of Applicant, w ithout the prior wTittern consent of the District's Board of Directors. An), assignment of Applicant's rights under this Contract shall be subject to, and nmust comply with, such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and filing of proper forms for assignment and change of ownership. hn the event the water allotted pursuant to this Contract is to be used for the benefit of land which is now or will subsequently be subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunder to: 1) No more thane three separate owners all of whom shall be party to a well sharing agreement satisfactory to the District-. or 2) A homeowners association, water district, water and sanitation district or other special district properly organized and existing under the laws of the State of Colorado. and then, only if such parties, association or special district establishes to the satisfaction of the District that it has the ability and authority to perfonu the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this DWR Division 5 Received 5/27/2020 10001652 Contract have anS rights hereunder, except as such rights may exist pursuant to a well sharing agreement or through a homeowners association or special district as provided above. Upon the sale of the real property to which this Contract pertains, Applicant shall make buyer aware of this Contract and proper forms for assignment and change of ownership must be completed. Other Rules: Applicaunt shall be bound by the provisions of the Water Conservancy Act of Colorado. by the rules and regulations of the Board of Directors of the District: and all arrmidnnents thereof and supplements thereto and by all other applicable law. M Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under tens and conditions deternwuxi by the board of Directors of the District, if and when. the Board of said District determines in its Soly-,,ail-agreement_tna-vontailt hilt :;hall - it): ptcwisiurn4-lint adclititxtal tuutunl ---- -- monetan, consideration for extension ofDistrict deliver}, services and for additional administration, operation, and maintenance costs. or for other costs to the District %which may arise through services made available to the Applicant it. Chance of Use: The District reserves [lie exclusive right to review, re -approve or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth hereinl or ail, lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described un the documents submitted to the District at the time this Contract is executed; or in my operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as pennnitted in paragraph 8 above, shall be deemed to be a material breach of this agreement 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to ant' water or water rights referred to herein. 14. Conservation: Applicant shall use conunonly accepted conservation practices with respect to the water and water rights herein. and hereby agrees to be bound by any conservation plum adopted hereafter by the District for use of District owned or controlled water or water rights. 15 Restrictions: Applicant shall restrict actual diversions to not exceed the contract amount for ordinan, household purposes, the watering of domestic livestock. fire protection. and the irrigation of lawn and garden as specified in the Application. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering, provided that in no event shall actual diversions exceed tine arnotnnt of water provided by this Contract. Violation of this paragraph 15 shall be deemed to be a material breach of this Contract. 16. Well Permit: If Applicant intends to divert through a well. then Applicant must provide to District a copy of DWR Division 5 Received 5/27/2020 Applicant's valid well permit before District is obligated to deliver any water hereunder. # 10001652 17. Measuring Device or Meter: Applicant agrees to provide, at its own expense. a reasurng device deemed acceptable by the District's Engineer after consultation, or a totalizing tlowmeter with remote readout to continuously and accurately measureatall times all water diverted pursuant to the terms of Applicant's water right and the terms of this Contract Applicant agrees to provide accurate readings from such device or meter to District upon District's request Applicant acknowledges that failure to connpll with this paragraph could result in legal action to terminate Applicant's diversion ol'yvater by the State of Colorado Division of Water Resources. By signing this Contract, Applicant hereby specifically allows District. through its authorized agent, to enter upon Applicant's property during ordinary business hours for the purposes of detennining Applicant's actual use of water. 18. Renresentations: By executing this Contract, Applicant agrees that it is not relying on aan} legal or engineering advice that Applicant maybelieve has been received from the District. Applicant further acknowledges that it has obtained all necessary legal and engineering advice from Applicant's oven sources other than the District. Applicant furtheraeknowledges that the District makes no guarantees, warranties. or assurances whatsoever about the quantity or quality of water available pursuant to this Contract. Should the Districtbe unable to provide the water contracted for herein, no damages ma} be assessed against the District. nor may Applicant obtain a refund from the District. 19. Costs of Water Court Filing and Augmentation Plan: Should the District. in its ovyn discretion, choose to include Applicant's Contract herein in a water court tiling for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District. when assessed. an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceedings. Applicant shall be assessed a pr>-rata share of the total cost incurred by the District in preparing, filing and pursuing to decree the water court case, The pro-rata share shall be calculated by dividing such total cost by the number of contrdctees included in the filing. To the extent that the District is caused additional costs because of objection tiled specifically due to the inclusion of Applicant's Contract in the filing, such additional costs may be charged specifically to Applicant and not shared on a pro-rata basis by all contractees. 2o. Binding Agreement: This agreement shall not be complete norbinnding upon the District unless attached hereto is the form entitled "Application to Lease Water From West Divide Water Conservancy District" full}' completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the tenors of this agreement All correspondence from the District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terns and conditions of this agreement. 21. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER 10 DIVERT WAT LR. INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE, WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS Of PERMITS. FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OT HERVa'ISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE 22, AREA B. CONTRACTS: IF APPLICANT'S WELL OR OTHER WATER RIGHT TTIAT IS THE SUBJECT OF THIS CONTRACT IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY TIE DISTRICT. THEN THIS PARAGRAPH APPLIES: THE AUGMENTATION WATER PROVIDED BY TH1' DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANT'S WATER RIGHT FROM A CALL ON THF, COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER DWR Division 5 Received 5/27/2020 10001652 SENJORRIGHT NO REPRESENTATION 0TI IERVYISE IS MADE BY Ili E'DISIRICT, UITUS IS A CONCERN TO APPLICANTJIJIS CONTRACT MAY BE RESCINDED UPON WRIT'rEN NOTICE DELIVERED TOME DISTRICT BY THE APPLICANT WTTFUN THE NEXT 30 DAYS FOLLOWING THE, AFFIXING OFSIGNATLTRFS ONITTIS CONTRA TIN WHICH EVENT ALL SUMS PAID BY APPLICANT FOR THIS CONTRACT SHALL BE IMMEDIATELY REFUNDED `TO APPLICAM. pplicaw Applicant couwyoF GARFIELD The foregoing instrunient was acknowledged before me on this _2S _th day of Ap.KX, 20-2_Qby Jason Neuman_ hand and official eal — s5-25Witnessm LINDA SCLAUSSEN STATE OF NotaryPublicStOteOfColofado ss Notary ID # 19934018232 COUNTY O y MVC-',"1Miss1onEx0fires 05-25-20 I The foregoing instrument N7, as acknowledged before me on this dav of 20 by Witness nay hand land official sea] Mycominission expires: Notary Public ORDER After a hearing by the Board of Directors of the West Divide Water Conservancy District on the Application, it is hereby ORDERED that said Application be granted and this Contract shall be and isaccepted by the District, WE'STDIVIDE'VVATER CONSERVANCY ' TRICT BV President ATTEST: Secretary Date This Contract includes and is subject to the terms and conditions of the following documents which must accompany this Contract: L Kap showing location of point of diversion (use map provided) 1 Application and Data Form fully completed and signed The printed portions ofthis form, except differentiated additions ordeletions, have been approved and adopted by the )West Di-.ideNNaterConserviiney District Form NUMCD 01-01-08 CONFRACT, M 7/10/2020 gPublic.net - Garfield County, CO - Property Record Card: R084326 qPub1ic.rwt"• County,• Summary Account R084326 Parcel 218534300027 Property 2808 117 COUNTY RD, GLENWOOD SPRINGS, CO 81601 Address Legal Section: 34Township: 6 Range:89 Subdivision: SUNLIGHT PARKWAY Description MINOR SUBDIVISION Lot: 1 AS PER FINAL PLAT RECEPTION NO. 924048 7.918 ACRES Acres 7.918 LandSgFt 0 Tax Area 131 Mill Levy 75,6980 Subdivision SUNLIGHT PARKWAY MINOR SUBDIVISION tLew Map Owner CAPPO PROPERTIES LLC PO BOX 2317 GLENWOOD SPRINGS CO 81602 Land Unit Type 5 AC TO L/T 10 AC - 0530 (VACANT LAND) Square Feet 0 100011652 Assessed Year 2020 2019 Land Actual $190,000.00 $118,820.00 Improvement Actual $64,120.00 $0.00 Total Actual $254,120.00 $118,820.00 Assessed Year 2020 2019 Land Assessed 13,590.00 34,460.00 Improvement Assessed 4,580.00 0.00 Total Assessed 18,170.00 34,460.00 Tax History Tax Year 2019 Taxes Billed 2,608.56 Click here to view the tax information for this parcel on the Garfield County Treasurer's website. Transfers Sale Date Deed Type Reception Number Book - Page Sale Price Grantor Grantee 8/12/2019 Plat 924048 8/13/2018 RESOLUTION 911360 7/6/2017 EASEMENT 894458 5/22/2017 WARRANTY DEED 892726 https://gpublic.schneidercorp.com/Application.aspx?Appl D=1038&Layerl D=22381 &PageTypel D=4&Pagel D=9447&Q=1431397652&KeyValue=RO84326 1 /2 7/10/2020 qPublic.net - Garfield County, CO - Property Record Card: R084326 #10001652 5/22/2017 BARGAIN AND SALE DEED 892725 5/22/2017 STATEMENT OF AUTHORITY 892724 8/19/2014 BARGAIN AND SALE DEED 852747 7/23/2014 BOUNDARY LINE ADJUSTMENT 856967 7/15/2014 QUITCLAIM DEED 856616 10/16/2013 BARGAIN AND SALE DEED 844795 4/15/2013 AGREEMENT 837374 2/6/2013 BARGAIN AND SALE DEED 831114 8/16/1996 QUITCLAIM DEED 497395 0989-0543 4/24/1995 WARRANTY DEED 477156 0938-0452 3/27/1974 WARRANTY DEED 263323 0460-0219 Mom No data available for the following modules: Buildings, Sketches. d L—I.s-e-r-P—riya—cy Pq)icy GDPR Privacy, gice https:// qpublic.schneidercorp.com/Appiication.aspx?AppiD=1038&LayerlD=22381&PageTypeID=4&PageID=9447&Q=1431397652&KeyVaIue=R084326 2/2 rJ] m mw mm w 2• m y N_ N2 was y yCsa o c N E"v LLI o y h J Ex avv I jp y S O E'er L ry iawE Ny J y emo N F m CLn V O O O NNU_ T O O m r WQp 3 O o 5 ua R m Form No. PUMP INSTALLATION AND PRODUCTION EQUIPMENT TEST REPORT For Office Use Only GWS-32 State of Colorado, Office of the State Engineer 1313 Sherman St., Room 821, Denver, CO 80203 303.866.3581 10/2016 www.water.state.cc.us and dwrpennj tson line @state.co.0 1. Well Permit Number:y-i/ t 2 Receipt Number: 2. Owner's Well Designation: L,/C7 // 3. Well Owner Name: LL6 4. Well Location Street Address: I cnake-- 2E -c—A Z,7 C- 5. GPS Well Location: DZone 12 E]Zone 13 County:Easting:j0c7jc/4r.Aj4orthing: <-/,3 7,Z-- j C r 6. Legal Well Location: _1/4, _ 1/4, Sec. — Twp. OrSO, Range— DEorW[D Distances from Section Lines: ft. from E] N or S 12 sec. Line, and ft. from 0 E or W 0 sec. line Subdivision: Lot_, Block_, Filing (Unit) 7. Check Installation Type: 21Initial Pump Installation DRep(acement Pump []Change in Depth Only Repair 8, Pump Data: Type: / 5e-Z3 Date InstatLed(rnm/dd/yyyy): 2 Pump Manufacturer: Pump Model No. &I t// Design GPM: at RPM HP_ Volts &a Full Load Amps y Pump Intake Depth: 2c:7 Feet, Drop/Column Pipe Size Inches, L_I Kind of Drop Pipe X g-e", L)II"C,- Additional Information for Pumps Greater Than 50 GPM:Turbine Driver Type:E]ELectric [3Engine E]Other Design Head: feet Number of Stages: Shaft size: inches 9. Other Equipment: Airline lnstaL[ed:oYes [j No, Orifice Depth ft. Monitor Tube InstailedOYes DNo, Depth ft. Flow Meter Mfg. 047 Meter Serial. Na C7-,(i Meter Readout:[ZGallons, ElThousand Gallons, OAcre feet Beginning Reading: 10. Cistern Information: Material: I C, Capacity: gallons Date Installed: 11. Production Equipment Test Data: =check box if data is submitted on Form Number GWS-39 Well Yield Test Report. Date: Total Well Depth;el ft. Time: Static Level: ft. Rate (gpm): S7G Date Measured: 2. 2 Pumping Level (ft)- f 12. Disinfection: Type: d3/,-, 'A Amt. Used: 13. Notification. Was Advanced Notification Required Prior to Installation?FlYes No, Date Notification Given: 14. Water Quality analysis available: E]Yes[] No if yes, please submit with this report. 15. Remarks: 16. 1 have read the statements made herein and know the contents thereof, and they are true to my knowledge. This document is signed (or name entered if filing online) and certified in accordance with Rule 17.4 of the Water Well Construction Rules, 2 CCR 402-2. The filing of a document that contains false statements is a violation of section 37-91-108(1)(e), C.R.S., and is punishable by fines up to$1,000 and/or revocation of the contracting License. If filing online, the State Engineer considers the entry of the Licensed contractor's name to be compliance with Rule 17.4. Company Name: Email:Phone w1area code: License Number: cto WaTUAgAddress; Sign (or enter name if filing online) Print Name and Title Date: 7 2 01,FICEOFTIIES'I'ivl'1:1-',N(ilNi-,[:RSTATEOFCOLORADO WELL CONSTRUCTION AND YIELD ESTIMATE REPORT FOR OFFICE USE ONLY 1313ShermwiSt.,Roortig2l,Dctiver,(,'08020.3 303.8063581 and NA", 0 L WE, LL PERMIT NUMBER 84497-F Receipt 10001652 2. Owner's Well Desit nation: Well 0tviler Name: Ca Properties LLC 4, Well Location Street Address: 2808 County Road 11 7 Glenwood.5 !Rrill I'S 5. GPS Well Location: Zone 12 X Zone 13 Easting: 300894 Northing. 4372923 cowlty: Garfield 6. Legal Well Location: NE. 1/4 SW 1/4 Sec: 34 Twp: 6 S Range: 89 W 6th PM. Distances from Section Lines ft, from Sec. line and -ft. from Sec. line Subdivision: Sunlight Par 7. Ground Surface Elevation: 6190 ft. Date Completed: 8/28/2020 Drilling Method Air Rotary 8: Completed Aquifer Name Alluvium Total Depth: 84 feet Depth C om. feted: 84 feet 9. Notification: Was Notificati tion Given: jo, Aquifer]'Ype: Type I (One Confining Layer) 't),,pe I (Multiple Confining Layers) I.arairtie-Fox Hills Type 1I (Not overlain byTyp c I11) 'type If (Overlain by"Fypc 111) X Type fit (alluvial/colluvial) 3 Geologic Log 12. 11ole Diameter (in) From (ft) To (ft) Depth Type Grain Size Color F -90--] F-0- - -1 F--46 --1 000-046 Volcanic, Clays, Sand, Gravel 046-084—'---'-'Or6k,-eta -,docks, Gravel 13. Plain Casing OD (in) Kind Wall Six Front (it) -ro (ft) 7.11 Steel 0.188 -1 38 5-5 Steel 0.188 42 54 Perforated Casing 7.0 Steel 0.188 38 46 5.5 Steel 0.188 54 84 14. Filter Pack 15, Packer Placement Water Located: 331 Material Type Size -. Depth Remarks Interval 16, Groutinx Record Material Amount Density Interval Macenient Cement 5 sk-s 6 galAk 10-30 poured 17. DISINFECTION Type FITH Amt. Used: 2 oz. I& Well Yield Estimate Datw Check box, if Test Data is submitted on Form Number GWS -39, Yield Test Report Well Yield Estimate Method Air Compressor Static Level 30 ft. Fstimated production Rate 15 gpm Daterrime Measured 8/28/2020 Estimated Length (hrs) 2 Hours Retnarksq 19 1 have read the statements triatle herein and know the contents thereof, and that they are true 10 Tnykiowtedge, nris docurnent is signed (or name entered iffiling ontific) and certified in accordance witb Rwile 17 4 of tire Water Well Consti raction It fes, 2 CCR 402 2.1be filing of i docurnern that uoniains false snake rrients is aAolation of section 7 tial 108( 1 Xe),C R , S, , and is punishable by firics op to S R 000 an&or revoen on of the cootraefing license, Iffifini, online The state h"rigincer considers dic entry of the licensed contractor's trante to be cor"pliancc with Ride 17 A Company Nam Shelton Drilling Corp. Email: wsdiCq)rof1rtct Phone (970) 92.7-4182 License Number 1095 Mailin Add ss': P.O. Box 1059 Basalt, Co. 81621 Sign er name if filing_rint Nme and Title I Date 9/29/2020 Wayne Shelton President k PART 8 WILL SERVE LETTERS Page 1 of 2 City of Glenwood Springs 101 West 8th Street Glenwood Springs, CO 81601 June 2, 2022 Mr. Jason Neuman 2808 County Road 117 Glenwood Springs, CO 81601 RE: Can and Will Serve Letter for Parcel # 218534300027 (a.k.a 2808 County Road 117; a.k.a 2808 4 Mile Road) Dear Mr. Neuman: The purpose of this letter is to provide confirmation that the City of Glenwood Springs (City) can-and-will serve the proposed lot located on parcel #218534300027 at 2808 County Road 117 with sanitary sewer. It is understood that a single-family residential unit is being proposed. In 2001 The City, Sunlight View Water and Wastewater Company and Springridge at Glenwood Springs Development Corporation entered into a Pre- Annexation Agreement to receive and treat sanitary sewer. This can-and-will serve only applies for the purpose of City infrastructure and treatment of sanitary sewer. The City does not own or maintain the infrastructure in the 4-mile corridor or associated developments, please contact Springridge for can-and-will serve as well. Prior to final approval the following conditions must be met: • All applicable tap and system improvement fees, as calculated by the City’s Community Development Department, must be paid in full. • An account must be setup with the Finance Department. • Following completion of the project, an as-built drawing of the services and associated appurtenances shall be submitted for review. When you have received approval of the planning action with Garfield County contact us for the details of associated fees. If you have any questions regarding this matter, please contact me. Sincerely, Mike Hoffman Water & Wastewater Field Operations Superintendent 970-384-6343 Michael Hoffman Page 2 of 2 Glenwood Springs Office 901 Grand Avenue, Suite 201 Glenwood Springs, Colorado 81601 Telephone (970) 947-1936 Facsimile (970) 947-1937 GARFIELD & HECHT, P.C. ATTORNEYS AT LAW Since 1975 www.garfieldhecht.com May 5, 2021 TO WHOM IT MAY CONCERN: This office represents Springridge at Glenwood Springs Development Corporation (“SGSDC”), which is a party to the Pre-Annexation Agreement for Springridge Reserve Annexation dated July 25, 2001, as amended, between SGSDC and the City of Glenwood Springs. That agreement provides SGSDC with the right to collect a tap fee surcharge as a condition of allowing connection to the forced main sewer line in Four Mile Road which was constructed by SGSDC to serve Springridge Reserve PUD. Cappo Properties, LLC (“Cappo”) seeks to connect its property at Lot 1, Sunlight Parkway Minor Subdivision, to the forced main sewer line. Cappo and SGSDC have agreed upon the amount of the tap fee surcharge. Upon payment of the surcharge to SGSDC and execution of a private agreement with Cappo, SGSDC will provide the City of Glenwood Springs with an appropriate certificate of payment and consent to connection as required by the Pre-Annexation Agreement. Please contact me with any questions. Very truly yours, GARFIELD & HECHT, P.C. David H. McConaughy PART 9 RESPONSE TO ARTICLE 7 DEMONSTRATE COMPLIANCE with ARTICLE 7: STANDARDS DIVISION 1: GENERAL APPROVAL STANDARDS Section 7‐101 (Zone District Use Regulations) Response: This project currently complies with the zone district, and is required to go through the Administrative Review process. Section 7‐102 (Comprehensive Plan and Intergovernmental Agreements) Response: No land use change is being requested Section 7‐103 (Compatibility) Response: This project is compatible with all adjacent land uses. Current adjacent land uses are all residential. The scope of this application is to make adjustments to the common property line between Lot 1 and Lot 2, as well as to clean‐up water and sewer utilities serving Lot 1… no improvements are being done at this time. Section 7‐104 (Source of Water) Response: The existing water line on Lot 2 is a ¾” line, which is inadequate for serving Lot 1. A Waiver of Standards is being requested for review so that Lot 1 can be served by a new water well (located on Lot 1). Water for Lot 2 will extend from the south (Sunlight View Water & Wastewater Company) Section 7‐105 (Central Water Distribution and Wastewater Systems) Response: Water and sewer are currently available on the site (refer to the Site Plan for locations). Will Serve letters for water and sewer are included in this report. Section 7‐106 (Public Utilities) Response: Public utilities are currently located on the property (refer to the Site Plan for locations). Section 7‐107 (Access and Roadways) Response: Both existing access points off of 4 Mile Road will be utilized by the subdivided properties. A driveway access permit has already been issued by Garfield County for the northern most access point off 4‐Mile Road (to access the North Lot). Access to the southern lot will be used through the existing access point along 4‐Mile Road (at the mid‐point of the entire property). Section 7‐108 (Use of Land Subject to Natural Hazards) Response: No natural hazards will be affected by the proposed minor subdivision request. At time of improvements, geological hazards will be designed to eliminate or mitigate the potential hazard. Section 7‐109 (Fire Protection) Response: Per the counties Wildland Fire Susceptibility Index, this property is located in a high danger area. When the property is developed, they proper steps will be taken in conjunction with the local fire protection districts to ensure that safety requirements are met. DIVISION 2: GENERAL RESOURCE PROTECTION STANDARDS Section 7‐201 (Agricultural Lands) Response: No adjacent agricultural lands will be negatively or positively affected by the proposed property line adjustments, or by the water and sewer utilities adjustments serving Lot 1 . Section 7‐202 (Wildlife Habitat Areas) Response: As part of this application, no wildlife habitats will be affected by the proposed property line adjustments or water and sewer utility adjustments. Comments from the Colorado Department of Parks and Wildlife will be addressed upon their response to this application and at time of improvements to the lots. Section 7‐203 (Protection of Water Bodies) Response: As part of this application, no water bodies will be disturbed or affected by this proposed property line adjustments or water and sewer utility adjustments. At the time of improvements to the lots, no disturbance will be done within 35 feet of the drainage ditch located at the south end of the property. Section 7‐204 (Drainage and Erosion) Response: No drainage or erosion issues will be affected by this minor subdivision request. Section 7‐205 (Environmental Quality) Response: The environmental quality of this property will not be affected by this application. All future improvements to the properties will meet county requirements Section 7‐206 (Wildfire Hazards) Response: Per the counties Wildland Fire Susceptibility Index, this property is located in a high danger area. When parcels are developed, they proper steps will be taken in conjunction with the local fire protection districts to ensure that safety requirements are met. At this time, and as part of this application, no wildfire hazard is expected as part of this minor subdivision request. Section 7‐207 (Natural and Geological Hazards) Response: As part of this application, no natural or geological hazards will be disturbed. All future improvements to the lots will be implemented, per the Colorado Geological Society’s Review, in order to meet county requirements. Section 7‐208 (Reclamation) Response: As part of this application, no reclamation will be needed. All future improvements will meet county requirements DIVISION 3: SITE PLANNING AND DEVELOPMENT STANDARDS At this time, our application is only for a minor property line adjustments and water and sewer utility adjustments. There is currently no planning for any site improvements (as outlined in Section 7‐301 through 7‐306). At time of improvements/development to the properties, all required information will be submitted to the county for proper approvals DIVISION 4: SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS Section 7‐401 (General Subdivision Standards) Response: This application is only for adjusting the common property lines as well as cleaning‐up water/sewer service to the north lot (Lot 1)… therefore the following items do not pertain to the scope of our request. At the time of development/improvements to either piece of property, these items will be more defined in a separate submittal to the county.  Maintenance of Common Facilities  Domestic Animal Control  Fireplaces  Development in the Floodplain Section 7‐402 (Subdivision Lots) Response: At this time, this application isn’t looking to subdivide either of these properties into separate lots… therefore, at this time, there will be no need to submit information on the following items:  Lots Conform to Code  Side Lot Alignment  Lot Configuration, Cul‐de‐Sacs  Lot Division by Boundaries, Roads, or Easements Prohibited Section 7‐403 (Survey Monuments) Response: Refer to the final plat for this information Section 7‐404 (School Land Dedication) Response: Upon approval of this application, school land dedication will be addressed with the county Section 7‐405 (Road Impact Fees) Response: All road impact fees will be paid when a building permit is issued by the county PART 10 ROADWAY STANDARDS STATEMENT ADDRESSING ROADS A previously approved driveway has been added to the south end of Lot 1 (refer to included access permit in Part 11 of this application). This access and driveway has been built per County Design Standards outline in Table 7‐107. In the future, when the properties are further developed, all roads and improvements will be designed and constructed per Garfield County standards outlined in Section 7‐107 of the LUDC. PART 11 ACCESS PERMITS ACCESS PERMIT Refer to the included Access Permit for Lot 1 Per Garfield County Road and Bridge, the current access point to Lot 2 is ‘Grandfathered Access’ to this property. Once the property owner submits development plans for this property (Lot 2), it will be the responsibility of the owner to bring this access point up to county standards (width, surface, signage…). At this time, there are no plans to develop this lot. PART 12 APPROVAL CRITERIA RESPONSE Approval Criteria Response 5‐305 Amended Final Plat Review Part C Review Criteria 1. The proposed common property line adjustment will not increase the number of lot 2. No major, or minor, relocation or addition of roads is part of this application 3. No technical error corrections are part of this application 4‐106 Amendments to an Approved Land Use Change Permit Part C Review Criteria 1. All minor modifications, to the water and sewer service to Lot 1, comply with the requirements of the LUDC 2. None of the minor modifications, to the water and sewer service, to Lot 1, have any bearing on the Comprehensive Plan 3. The proposed minor modification to the water and sewer service, to Lot 1, have no negative or positive changes to the character of the existing development 4. None of the adjacent properties will be effected by the minor modification of water and sewer service to Lot 1 5. These minor modifications to the water and sewer service, to Lot 1, do not change the uses permitted to the property 6. No existing easements will be effected by the minor modifications to the water and sewer service to Lot 1 7. No density related issues will be effected by the minor modifications to water and sewer service to Lot 1 8. As part of this minor modification, there will be no zone district dimensional modifications 9. The proposed minor modifications to the water and sewer service to Lot 1, will not effect... 9a. The amount of dedicated open space previously approved 9b. The locations, lighting, or orientation of originally approved signage 9c. Zone district dimensions (per Table 3‐201) 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:GW63019065 Date: 07/29/2022 Property Address:2808 117 COUNTY ROAD, GLENWOOD SPRINGS, CO 81601 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 CAPPO PROPERTIES LLC Attention: JASON NEUMAN Delivered via: Electronic Mail Land Title Guarantee Company Estimate of Title Fees Order Number:GW63019065 Date: 07/29/2022 Property Address:2808 117 COUNTY ROAD, GLENWOOD SPRINGS, CO 81601 Parties:A BUYER TO BE DETERMINED CAPPO PROPERTIES 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 $265.00 Total $265.00 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 05/23/2017 under reception no. 892726 Plat Map(s): Garfield county recorded 08/12/2019 under reception no. 924048 Garfield county recorded 12/01/2014 under reception no. 856617 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. Property Address: 2808 117 COUNTY ROAD, GLENWOOD SPRINGS, CO 81601 1.Effective Date: 07/08/2022 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: CAPPO PROPERTIES LLC, A COLORADO LIMITED LIABILITY COMPANY 5.The Land referred to in this Commitment is described as follows: LOT 1 SUNLIGHT PARKWAY MINOR SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 12, 2019 AS RECEPTION NO. 924048. COUNTY OF GARFIELD STATE OF COLORADO ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:GW63019065 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: GW63019065 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. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. 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 PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 05, 1923, IN BOOK 73 AT PAGE 150 AND AT PAGE 151 AND RECORDED JUNE 20, 1893 IN BOOK 12 AT PAGE 233. 9.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 05, 1923, IN BOOK 73 AT PAGE 150 AND AT PAGE 151 AND RECORDED JUNE 20, 1893 IN BOOK 12 AT PAGE 233. 10.UNDIVIDED ONE-HALF INTEREST IN ALL OIL, GAS AND OTHER MINERAL RIGHTS, AS RESERVED BY DAN C. WADSWORTH AND MARGARET WADSWORTH IN THE DEED TO J. HILTON WIX RECORDED JULY 27, 1948, IN BOOK 238 AT PAGE 83 AS RECEPTION NO. 165521, AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTERESTS THEREIN. 11.UNDIVIDED ONE-FOURTH INTEREST IN ALL OIL, GAS AND OTHER MINERAL RIGHTS, AS RESERVED BY J. HILTON WIX IN THE DEED TO OSCAR MATTHEWS AND BETTY MATTHEWS RECORDED SEPTEMBER 17, 1955, IN BOOK 287 AT PAGE 374, AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTERESTS THEREIN. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: GW63019065 12.UNDIVIDED ONE-QUARTER INTEREST IN ALL OIL, GAS AND OTHER MINERALS AS RESERVED BY RAYMOND SMALTZ IN THE DEED TO JOHN P. BERSHENYI AND CAROL A. BERSHENYI RECORDED NOVEMBER 1, 1951 IN BOOK 260 AT PAGE 546, AND ANY AND ALL ASSIGNMENTS THEREOF. (AFFECTS PARCEL A). 13.EASEMENTS AND RIGHTS OF WAY AS GRANTED TO PUBLIC SERVICE COMPANY IN INSTRUMENT RECORDED OCTOBER 20, 1959 IN BOOK 321 AT PAGE 126. 14.RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED NOVEMBER 25, 1974, IN BOOK 466 AT PAGE 556. 15.RIGHT OF WAY AND EASEMENT AS GRANTED TO ROCKY MOUNTAIN NATURAL GAS IN INSTRUMENT RECORDED JUNE 27, 1988 IN BOOK 736 AT PAGE 624. 16.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF FINAL PLAT OF SUNLIGHT PARKWAY RECORDED APRIL 26, 1995 UNDER RECEPTION NO. 477155. 17.EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SHOWN ON PLAT OF SUNLIGHT PARKWAY RECORDED APRIL 26, 1995 AS RECEPTION NO. 477155 AND ON 1ST AMENDED PLAT OF SUNLIGHT PARKWAY RECORDED JULY 28, 2000 AS RECEPTION NO. 566968, AND SECOND AMENDED PLAT OF SUNLIGHT PARKWAY RECORDED DECEMBER 1, 2014 UNDER RECEPTION NO. 856617. 18.TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE ADJUSTMENT AFFIDAVIT RECORDED DECEMBER 10, 2014 AT RECEPTION NO. 856967. 19.TERMS, CONDITIONS AND PROVISIONS OF UTILITY EASEMENT DEED RECORDED JULY 07, 2017 UNDER RECEPTION NO. 894458. 20.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2018-45 RECORDED SEPTEMBER 04, 2018 UNDER RECEPTION NO. 911360. 21.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF SUNLIGHT PARKWAY MINOR SUBDIVISION RECORDED RECORDED AUGUST 12, 2019 UNDER RECEPTION NO. 924048. 22.TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF WATER ALLOTMENT CONTRACT RECORDED JUNE 26, 2020 UNDER RECEPTION NO. 937406. 23.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED AUGUST 06, 2020 UNDER RECEPTION NO. 939775. 24.EASEMENTS RIGHTS OF WAY FOR COUNTY ROAD 117. 25.MATTERS DISCLOSED ON ILC ISSUED BY SGM, CERTIFIED MAY 18, 2017, INCLUDING BUT LIMITED TO UNRECORDED UTILITY EASEMENT. SAID DOCUMENTS STORED AS OUR ESI 32959714 AND 32966339. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: GW63019065 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) 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:GW63019064 Date: 07/29/2022 Property Address:2808 117 COUNTY RD, GLENWOOD SPRINGS, CO 81601 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 SUNLIGHT PARKWAY LLC Attention: JASON NEUMAN Delivered via: Electronic Mail Land Title Guarantee Company Estimate of Title Fees Order Number:GW63019064 Date: 07/29/2022 Property Address:2808 117 COUNTY RD, GLENWOOD SPRINGS, CO 81601 Parties:A BUYER TO BE DETERMINED SUNLIGHT PARKWAY, 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 $265.00 Total $265.00 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 11/21/2019 under reception no. 928582 Plat Map(s): Garfield county recorded 08/12/2019 under reception no. 924048 Garfield county recorded 12/01/2014 under reception no. 856617 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. Property Address: 2808 117 COUNTY RD, GLENWOOD SPRINGS, CO 81601 1.Effective Date: 07/08/2022 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: SUNLIGHT PARKWAY, LLC, A COLORADO LIMITED LIABILITY COMPANY 5.The Land referred to in this Commitment is described as follows: LOT 2 SUNLIGHT PARKWAY MINOR SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 12, 2019 AS RECEPTION NO. 924048. COUNTY OF GARFIELD STATE OF COLORADO ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:GW63019064 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: GW63019064 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. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. 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 PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 05, 1923, IN BOOK 73 AT PAGE 150 AND AT PAGE 151 AND RECORDED JUNE 20, 1893 IN BOOK 12 AT PAGE 233. 9.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 05, 1923, IN BOOK 73 AT PAGE 150 AND AT PAGE 151 AND RECORDED JUNE 20, 1893 IN BOOK 12 AT PAGE 233. 10.UNDIVIDED ONE-HALF INTEREST IN ALL OIL, GAS AND OTHER MINERAL RIGHTS, AS RESERVED BY DAN C. WADSWORTH AND MARGARET WADSWORTH IN THE DEED TO J. HILTON WIX RECORDED JULY 27, 1948, IN BOOK 238 AT PAGE 83 AS RECEPTION NO. 165521, AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTERESTS THEREIN. 11.UNDIVIDED ONE-FOURTH INTEREST IN ALL OIL, GAS AND OTHER MINERAL RIGHTS, AS RESERVED BY J. HILTON WIX IN THE DEED TO OSCAR MATTHEWS AND BETTY MATTHEWS RECORDED SEPTEMBER 17, 1955, IN BOOK 287 AT PAGE 374, AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTERESTS THEREIN. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: GW63019064 12.UNDIVIDED ONE-QUARTER INTEREST IN ALL OIL, GAS AND OTHER MINERALS AS RESERVED BY RAYMOND SMALTZ IN THE DEED TO JOHN P. BERSHENYI AND CAROL A. BERSHENYI RECORDED NOVEMBER 1, 1951 IN BOOK 260 AT PAGE 546, AND ANY AND ALL ASSIGNMENTS THEREOF. (AFFECTS PARCEL A). 13.EASEMENTS AND RIGHTS OF WAY AS GRANTED TO PUBLIC SERVICE COMPANY IN INSTRUMENT RECORDED OCTOBER 20, 1959 IN BOOK 321 AT PAGE 126. 14.RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED NOVEMBER 25, 1974, IN BOOK 466 AT PAGE 556. 15.RIGHT OF WAY AND EASEMENT AS GRANTED TO ROCKY MOUNTAIN NATURAL GAS IN INSTRUMENT RECORDED JUNE 27, 1988 IN BOOK 736 AT PAGE 624. 16.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF FINAL PLAT OF SUNLIGHT PARKWAY RECORDED APRIL 26, 1995 UNDER RECEPTION NO. 477155. 17.EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SHOWN ON PLAT OF SUNLIGHT PARKWAY RECORDED APRIL 26, 1995 AS RECEPTION NO. 477155 AND ON 1ST AMENDED PLAT OF SUNLIGHT PARKWAY RECORDED JULY 28, 2000 AS RECEPTION NO. 566968, AND SECOND AMENDED PLAT OF SUNLIGHT PARKWAY RECORDED DECEMBER 1, 2014 UNDER RECEPTION NO. 856617. 18.TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE ADJUSTMENT AFFIDAVIT RECORDED DECEMBER 10, 2014 AT RECEPTION NO. 856967. 19.TERMS, CONDITIONS AND PROVISIONS OF UTILITY EASEMENT DEED RECORDED JULY 07, 2017 UNDER RECEPTION NO. 894458. 20.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2018-45 RECORDED SEPTEMBER 04, 2018 UNDER RECEPTION NO. 911360. 21.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF SUNLIGHT PARKWAY MINOR SUBDIVISION RECORDED RECORDED AUGUST 12, 2019 UNDER RECEPTION NO. 924048. 22.TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF WATER ALLOTMENT CONTRACT RECORDED JUNE 26, 2020 UNDER RECEPTION NO. 937406. 23.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED AUGUST 06, 2020 UNDER RECEPTION NO. 939775. 24.EASEMENTS RIGHTS OF WAY FOR COUNTY ROAD 117. 25.MATTERS DISCLOSED ON ILC ISSUED BY SGM, CERTIFIED MAY 18, 2017, INCLUDING BUT LIMITED TO UNRECORDED UTILITY EASEMENT. SAID DOCUMENTS STORED AS OUR ESI 32959714 AND 32966339. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: GW63019064 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)