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Home My WebLink About1.03 Ownership and Mineral Rights Documents Lake Springs Ranch Comprehensive Plan 2030 – FLUM Amendment Application November 2022 Exhibit 4 | Ownership and Mineral Rights Documentation Lake Springs Ranch Comprehensive Plan 2030 – FLUM Amendment Application November 2022 Exhibit 4a | Title Commitment Report Account Number R111780 Certificate Number 2022-01508 Parcel 218733400107 Acres 36.000 Order Number Assessed To Vendor ID 4 BERKELEY FAMILY, LLLP 1302 WAUGH DRIVE #684 HOUSTON, TX 77019 Land Title 1317 Grand Ave #200 Glenwood Springs, CO 81601 Legal Description Situs Address Section: 33 Township: 6 Range: 88 A TR IN SEC. 33.004401 114 COUNTY RD Year Tax Interest Fees Payments Balance Tax Charge 2021 $4,391.52 $0.00 $0.00 ($4,391.52)$0.00 Total Tax Charge $0.00 Grand Total Due as of 05/16/2022 $0.00 Tax Billed at 2021 Rates for Tax Area 012 - 1R-MF1 - 012 Authority Mill Levy Amount GARFIELD COUNTY 13.5610000 $710.87 GARFIELD COUNTY - ROAD & B 0.0940000 $4.93 SPRING VALLEY SAN 4.0000000 $209.68 CARBONDALE & RURAL FIRE 12.6070000 $660.85 BASALT WATER CONSER 0.0350000*$1.83 COLO RIVER WATER CONS 0.5010000 $26.26 SCHOOL DISTRICT RE-1 46.4620000* $2,435.53 COLORADO MTN COLLEGE 4.0130000 $210.36 GARFIELD COUNTY PUBLIC LIBR 2.5030000 $131.21 Taxes Billed 2021 83.7760000 $4,391.52 * Credit Levy Values Actual Assessed GRAZING LAND- AGRICULTURAL $1,980 $570 FARM/RANCH RESIDENCE-IMPS $725,160 $51,850 Total $727,140 $52,420 Balances due for Tax Sale Liens are subject to change due to endorsement of current taxes by the lienholder or to advertising and distraint warrant fees that may be added after Sepember 1, 2022, making it advisable to contact the Treasurer's Office prior to remittance. TO AVOID DELAYS IN THE ISSUANCE OF CERTIFICATES OF REDEMPTION, IT IS RECOMMENDED THAT PAYMENTS TO REDEEM TAX LIENS BE MADE WITH CERTIFIED FUNDS, DEFINED AS CASH, CASHIER'S CHECK, MONEY ORDER OR WIRE TRANSFER. Special taxing districts and the boundaries of such districts may be on file with the Board of County Commissioners, the County Clerk, or the County Assessor. This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically mentioned. I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof, I have hereunto set my hand and seal. GARFIELD COUNTY TREASURER Certificate of Taxes Due May 16, 2022 12:38:06 PM Page 1 of 2 GARFIELD COUNTY TREASURER Certificate of Taxes Due May 16, 2022 12:38:06 PM Page 2 of 2 Account Number P015968 Certificate Number 2022-02249 Parcel Acres 0.00 Order Number Assessed To Vendor ID 4 BERKELEY FAMILY, LLLP 1302 WAUGH DRIVE #684 HOUSTON, TX 77019 Land Title 1317 Grand Ave #200 Glenwood Springs, CO 81601 Legal Description Situs Address EQUIP, FURN, FIXTURES - 2187-334-00-107 - 4401 COUNTY ROAD 114, GLENWOOD SPRINGS CO 81601 4401 114 COUNTY RD Year Tax Interest Fees Payments Balance Grand Total Due as of 08/23/2022 $0.00 Balances due for Tax Sale Liens are subject to change due to endorsement of current taxes by the lienholder or to advertising and distraint warrant fees that may be added after Sepember 1, 2022, making it advisable to contact the Treasurer's Office prior to remittance. TO AVOID DELAYS IN THE ISSUANCE OF CERTIFICATES OF REDEMPTION, IT IS RECOMMENDED THAT PAYMENTS TO REDEEM TAX LIENS BE MADE WITH CERTIFIED FUNDS, DEFINED AS CASH, CASHIER'S CHECK, MONEY ORDER OR WIRE TRANSFER. Special taxing districts and the boundaries of such districts may be on file with the Board of County Commissioners, the County Clerk, or the County Assessor. This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically mentioned. I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof, I have hereunto set my hand and seal. GARFIELD COUNTY TREASURER Certificate of Taxes Due Aug 23, 2022 11:54:53 AM Page 1 of 1 Account Number R084565 Certificate Number 2022-02250 Parcel 218733300153 Acres 242.400 Order Number Assessed To Vendor ID 4 BERKELEY FAMILY LIMITED PARTNERSHIP 1302 WAUGH DRIVE #684 HOUSTON, TX 77019 Land Title 1317 Grand Ave #200 Glenwood Springs, CO 81601 Legal Description Situs Address Section: 33 Township: 6 Range: 88 THAT PARCEL OF LAND IDENTIFIED AS THE "REMAINDER PARCEL", AS PER VACATION PLAT RECEPTION NO. 950673. EXCEPT THAT 182.67 AC. +/- PARCEL OF LAND AS DESCRIBED PER WARRANTY DEED RECEPTION NO. 955848 (242.4 AC) 3961 114 COUNTY RD Year Tax Interest Fees Payments Balance Tax Charge 2021 $770.72 $0.00 $0.00 ($770.72)$0.00 Total Tax Charge $0.00 Grand Total Due as of 08/23/2022 $0.00 Tax Billed at 2021 Rates for Tax Area 012 - 1R-MF1 - 012 Authority Mill Levy Amount GARFIELD COUNTY 13.5610000 $124.76 GARFIELD COUNTY - ROAD & B 0.0940000 $0.86 SPRING VALLEY SAN 4.0000000 $36.80 CARBONDALE & RURAL FIRE 12.6070000 $115.98 BASALT WATER CONSER 0.0350000*$0.32 COLO RIVER WATER CONS 0.5010000 $4.61 SCHOOL DISTRICT RE-1 46.4620000*$427.44 COLORADO MTN COLLEGE 4.0130000 $36.92 GARFIELD COUNTY PUBLIC LIBR 2.5030000 $23.03 Taxes Billed 2021 83.7760000 $770.72 * Credit Levy Values Actual Assessed GRAZING LAND- AGRICULTURAL $6,480 $1,880 FARM/RANCH RESIDENCE-IMPS $98,010 $7,010 OTHER BLDGS.- AGRICULTURAL $1,080 $310 Total $105,570 $9,200 Balances due for Tax Sale Liens are subject to change due to endorsement of current taxes by the lienholder or to advertising and distraint warrant fees that may be added after Sepember 1, 2022, making it advisable to contact the Treasurer's Office prior to remittance. TO AVOID DELAYS IN THE ISSUANCE OF CERTIFICATES OF REDEMPTION, IT IS RECOMMENDED THAT PAYMENTS TO REDEEM TAX LIENS BE MADE WITH CERTIFIED FUNDS, DEFINED AS CASH, CASHIER'S CHECK, MONEY ORDER OR WIRE TRANSFER. Special taxing districts and the boundaries of such districts may be on file with the Board of County Commissioners, the County Clerk, or the County Assessor. This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically mentioned. I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof, I have hereunto set my hand and seal. GARFIELD COUNTY TREASURER Certificate of Taxes Due Aug 23, 2022 12:00:33 PM Page 1 of 2 GARFIELD COUNTY TREASURER Certificate of Taxes Due Aug 23, 2022 12:00:33 PM Page 2 of 2 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:ABS64005037-6 Date: 12/14/2022 Property Address:VACANT LAND, GLENWOOD SPRINGS, CO 81601 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance Closing Associate Closing Processor Tanya Germany 200 BASALT CENTER CIRCLE BASALT, CO 81621 PO BOX 3440 (970) 927-0405 (Work) (877) 346-4115 (Work Fax) tgermany@ltgc.com Contact License: CO523905 Company License: CO44565 Jessica Markham 200 BASALT CENTER CIRCLE BASALT, CO 81621 PO BOX 3440 (970) 927-0405 (Work) (877) 346-4115 (Work Fax) jmarkham@ltgc.com Contact License: CO721602 Company License: CO44565 Ashleigh Huff 200 BASALT CENTER CIRCLE BASALT, CO 81621 PO BOX 3440 (970) 927-0405 (Work) (877) 346-4115 (Work Fax) ahuff@ltgc.com Contact License: CO763886 Company License: CO44565 For Title Assistance George Rietsch 5975 GREENWOOD PLAZA BLVD GREENWOOD VILLAGE, CO 80111 (303) 850-4151 (Work) grietsch@ltgc.com Buyer/Borrower LONGHORN OPPORTUNITY FUND 1, LP Attention: HAYTHEM DAWLETT, MANAGING PARTNER (512) 848-2699 (Cell) (512) 306-1444 (Work) H.DAWLETT@LONGHORNOPPORTUNITYFUND.COM G.DAWLETT@LONGHORNOPPORTUNITYFUND.COM Delivered via: Electronic Mail Agent for Buyer ASPEN SNOWMASS SOTHEBY'S INTERNATIONAL REALTY Attention: PETER GRENNEY 415 E HYMAN AVE ASPEN, CO 81611 (970) 456-7343 (Cell) (970) 925-6060 (Work) (970) 920-9993 (Work Fax) petergrenney@gmail.com Delivered via: Electronic Mail Attorney for Buyer GARFIELD & HECHT PC Attention: JOHN BELKIN 625 E HYMAN AVE #201 ASPEN, CO 81611 (970) 925-1936 (Cell) (970) 925-1936 (Work) (970) 925-3008 (Work Fax) jbelkin@garfieldhecht.com megeiger@garfieldhecht.com Delivered via: Electronic Mail Agent for Seller CHRISTIE'S INTERNATIONAL REAL ESTATE Attention: JENNIFER BANNER 520 E. DURANT, SUITE 205 ASPEN, CO 81611 (970) 471-6200 (Cell) (970) 471-6200 (Work) (855) 214-8150 (Work Fax) jennifer@christiesaspenre.com Delivered via: Electronic Mail Seller/Owner BERKELEY FAMILY LLLP Attention: MIRIAM M. BERKELEY, MANAGING PARTNER Delivered via: Electronic Mail Surveyor TG MALLOY CONSULTING Attention: TIM MALLOY 402 PARK AVE GLENWOOD SPRINGS, CO 81601 (970) 945-0832 (Work) tgmalloy@sopris.net Delivered via: Electronic Mail Land Title Guarantee Company Estimate of Title Fees Order Number:ABS64005037-6 Date: 12/14/2022 Property Address:VACANT LAND, GLENWOOD SPRINGS, CO 81601 Parties:LONGHORN OPPORTUNITY FUND I, LP, A TEXAS LIMITED PARTNERSHIP THE BERKELEY FAMILY LLLP, A COLORADO LIMITED LIABILITY LIMITED PARTNERSHIP, WHICH ACQUIRED TITLE AS BERKELEY FAMILY LIMITED PARTNERSHIP, A COLORADO LIMITED PARTNERSHIP Visit Land Title's Website at www.ltgc.com for directions to any of our offices. Estimate of Title insurance Fees "ALTA" Owner's Policy 06-17-06 $14,693.00 Deletion of Standard Exception(s)$100.00 Tax Certificate x2 $54.00 Total $14,847.00 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 12/19/2012 under reception no. 828748 Garfield county recorded 12/19/2012 under reception no. 828747 Garfield county recorded 11/24/2009 under reception no. 778210 Garfield county recorded 04/22/1994 under reception no. 462134 Garfield county recorded 09/15/1989 under reception no. 405633 Property Address: VACANT LAND, GLENWOOD SPRINGS, CO 81601 1. Effective Date: 11/23/2022 at 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "ALTA" Owner's Policy 06-17-06 Proposed Insured: LONGHORN OPPORTUNITY FUND I, LP, A TEXAS LIMITED PARTNERSHIP $9,000,000.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: THE BERKELEY FAMILY LLLP, A COLORADO LIMITED LIABILITY LIMITED PARTNERSHIP, WHICH ACQUIRED TITLE AS BERKELEY FAMILY LIMITED PARTNERSHIP, A COLORADO LIMITED PARTNERSHIP 5. The Land referred to in this Commitment is described as follows: A PARCEL OF LAND SITUATED IN GOVERNMENT LOTS 12,13,14,22,23, THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 6 SOUTH, AND LOTS 1,2,3,9, THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 7 SOUTH, ALL IN RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN WITH ALL LOTTING REFERENCING THAT GOVERNMENT LAND OFFICE (GLO) SUPPLEMENTAL SURVEY PLAT DATED 29 APRIL, 1893, COUNTY OF GARFIELD, STATE OF COLORADO, TO WIT; BEGINNING AT THE SOUTHEAST CORNER OF THE SAID SECTION 33, THE SAID CORNER MONUMENTED BY A FOUND 2INCH IRON PIPE WITH BLM BRASS CAP, FROM WHENCE THE SOUTH QUARTER CORNER THEREOF, MONUMENTED BY A FOUND ¾ INCH IRON PIN WITH 2.75 INCH ALLOY CAP MARKED PELS 5933 BEARS N 89°49'18” W, 2682.72 FEET DISTANT, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE, DEPARTING FROM THE AFORESAID COURSE AND BEING COINCIDENT WITH THE NORTHWESTERLY BOUNDARY LINE OF THAT PARCEL DESCRIBED UNDER RECEPTION NUMBER 878747, S 16°39'52" W, A DISTANCE OF 217.38 FEET, THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP, PLS 23875; THENCE, DEPARTING FROM THE AFORESAID COURSE AND, CONTINUING ALONG THE SAID NORTHWESTERLY BOUNDARY LINE (RECEPTION NUMBER 878747), S 27°00'32" W, A DISTANCE OF 277.20 FEET, THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP, PLS 23875; THENCE, DEPARTING FROM THE AFORESAID COURSE AND, CONTINUING ALONG THE SAID NORTHWESTERLY BOUNDARY LINE (RECEPTION NUMBER 878747), S 48°11'02" W, A DISTANCE OF 452.97 FEET, THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP, PLS 23875; THENCE, DEPARTING FROM THE AFORESAID COURSE AND, CONTINUING ALONG THE SAID NORTHWESTERLY BOUNDARY LINE (RECEPTION NUMBER 878747), N 89°49'27" W, A DISTANCE OF 293.53 FEET TO A POINT OF CURVATURE, THE SAID CORNER MONUMENTED BY A ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:ABS64005037-6 FOUND 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP, PLS 23875; THENCE, DEPARTING FROM THE AFORESAID COURSE AND, CONTINUING ALONG THE SAID NORTHWESTERLY BOUNDARY LINE (RECEPTION NUMBER 878747), 188.62 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE RIGHT WHOSE RADIUS IS 200.01 FEET, (CHORD BEARS N 62°48'04" W, 181.71 FEET) TO A POINT OF TANGENCY, THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP, PLS 23875; THENCE, DEPARTING FROM THE AFORESAID COURSE AND, CONTINUING ALONG THE SAID NORTHWESTERLY BOUNDARY LINE (RECEPTION NUMBER 878747), N 35°45'36" W, A DISTANCE OF 8.96 FEET, THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP, PLS 23875; THENCE, DEPARTING FROM THE AFORESAID COURSE AND, CONTINUING ALONG THE SAID NORTHWESTERLY BOUNDARY LINE (RECEPTION NUMBER 878747), 101.08 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE, TURNING TO THE RIGHT WHOSE RADIUS IS 330.00 FEET, (CHORD BEARS S 57°47'34" W, 100.68 FEET), TO A POINT ON AN EXISTING WIRE FENCE, THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP, PLS 23875; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE COURSE OF THE SAID WIRE FENCE, ALONG A PART OF THE EASTERLY BOUNDARY LINE OF THAT PARCEL OF LAND DESCRIBED UNDER RECEPTION NUMBER 828748, AND BEING COINCIDENT WITH THE NORTHWESTERLY BOUNDARY LINE OF THAT PARCEL DESCRIBED UNDER RECEPTION NUMBER 878747, S 10°47'27" E, A DISTANCE OF 647.87 FEET TO THE SOUTHERLY TERMINUS OF THE SAID WIRE FENCE, THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP, PLS 23875; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE COURSE OF THE SAID WIRE FENCE, ALONG THE SOUTHERLY BOUNDARY LINE OF THAT PARCEL OF LAND DESCRIBED UNDER RECEPTION NUMBER 828748, AND THAT PARCEL OF LAND DESCRIBED UNDER RECEPTION NUMBER 778209, AND BEING COINCIDENT WITH THE NORTHWESTERLY BOUNDARY LINE OF THAT PARCEL DESCRIBED UNDER RECEPTION NUMBER 878747, N 89°15'46" W, A DISTANCE OF 1728.18 FEET TO THE WESTERLY TERMINUS THEREOF, A POINT ON THE EASTERLY BOUNDARY LINE OF LOT 10 IN THE SAID SECTION 4, THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP, PLS 23875; THENCE, DEPARTING FROM THE AFORESAID COURSE AND, ALONG THE EASTERLY BOUNDARY LINE OF THE SAID LOT 10, N 02°51'47” E, A DISTANCE OF 0.99 FEET TO THE SOUTHWEST CORNER OF LOT 9, IN THE SAID SECTION 4, THE SAID CORNER MONUMENTED BY A FOUND 2.5IN, IRON PIPE WITH 2.75IN. BRASS CAP MARKED COUNTY SURVEYOR GARFIELD COUNTY, 1977; THENCE, DEPARTING FROM THE AFORESAID COURSE AND, ALONG THE WESTERLY BOUNDARY LINE OF THE SAID LOT 9, N 00°11'54" W, A DISTANCE OF 1061.98 FEET TO A POINT OF INTERSECTION WITH THE NORTHWESTERLY RIGHT-OF-WAY LINE OF A PROPOSED 80-FOOT-WIDE GARFIELD COUNTY ROAD NO. 114, FROM WHENCE THE SOUTH QUARTER CORNER OF THE SAID SECTION 33, BEARS N 00°11'54” W, 279.11 FEET DISTANT, THE SAID QUARTER CORNER MONUMENTED BY A FOUND 2IN. BRASS CAPPED PIPE MARKED PELS 5933, THE SAID POINT OF INTERSECTION MONUMENTED BY A SET 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP, PLS 23875; THENCE, DEPARTING FROM THE AFORESAID COURSE AND, ALONG THE NORTHWESTERLY RIGHT-OF- WAY LINE OF THE SAID 80 FOOT WIDE COUNTY ROAD NO. 114, THE FOLLOWING EIGHTEEN (18) COURSES, EACH COURSE MONUMENTED BY A SET 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP, PLS 23875: 1. 308.25 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE, TURNING TO THE LEFT ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:ABS64005037-6 WHOSE RADIUS IS 570.00 FEET, (CHORD BEARS N 10°42'40" E, 304.51 FEET) TO A POINT OF TANGENCY; 2. N 04°46'53" W, A DISTANCE OF 109.17 FEET TO A POINT OF CURVATURE; 3. 385.64 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE RIGHT WHOSE RADIUS IS 650.00 FEET, (CHORD BEARS N 12°12'55" E, 380.01 FEET) TO A POINT OF TANGENCY; 4. N 29°12'44" E, A DISTANCE OF 305.97 FEET TO A POINT OF CURVATURE; 5. 14.36 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE RIGHT WHOSE RADIUS IS 1040.00 FEET, (CHORD BEARS N 29°36'28" E, 14.36 FEET) TO A POINT OF TANGENCY; 6. N 30°00'13" E, A DISTANCE OF 305.97 FEET TO A POINT OF CURVATURE; 7. 328.00 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE RIGHT WHOSE RADIUS IS 690.00 FEET, (CHORD BEARS N 43°37'17" E, 324.92 FEET) TO A POINT OF TANGENCY; 8. N 57°14'22" E, A DISTANCE OF 165.99 FEET TO A POINT OF CURVATURE; 9. 267.77 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE LEFT, WHOSE RADIUS IS 660.00 FEET; (LONG CHORD BEARS N 45°37'00" E, 265.94 FEET) TO A POINT OF TANGENCY; 10. N 33°59'38" E, A DISTANCE OF 136.05 FEET TO A POINT OF CURVATURE; 11. 215.78 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE RIGHT, WHOSE RADIUS IS 690.00 FEET; (LONG CHORD BEARS N 42°57'09" E, 214.90 FEET) TO A POINT OF TANGENCY; 12. N 51°54'41" E, A DISTANCE OF 50.15 FEET TO A POINT OF CURVATURE; 13. 91.60 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE LEFT, WHOSE RADIUS IS 860.00 FEET; (LONG CHORD BEARS N 48°51'36" E, 91.56 FEET) TO A POINT OF TANGENCY; 14. N 45°48'31" E, A DISTANCE OF 161.63 FEET TO A POINT OF CURVATURE; 15. 31.19 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE LEFT, WHOSE RADIUS IS 960.00 FEET; (LONG CHORD BEARS N 44°52'40" E, 31.19 FEET) TO A POINT OF TANGENCY; 16. N 43°56'50" E, A DISTANCE OF 184.24 FEET TO A POINT OF CURVATURE; 17. 220.33 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE LEFT, WHOSE RADIUS IS 3960.00 FEET; (LONG CHORD BEARS N 42°21'12" E, 220.30 FEET) TO A POINT OF TANGENCY; 18. N 40°45'34" E, A DISTANCE OF 257.90 FEET TO A POINT ON THE NORTHERLY BOUNDARY LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SAID SECTION 33, AND COINCIDENTAL WITH THE SOUTHERLY BOUNDARY LINE OF THAT PARCEL OF LAND DESCRIBED UNDER RECEPTION NUMBER 686804, FROM WHENCE THE NORTHWEST CORNER THEREOF, MONUMENTED BY A FOUND 2 INCH IRON PIPE WITH 2.75 INCH BRASS CAP MARKED PELS 5933, BEARS N 88°26'25” W, 608.20 FEET DISTANT; THENCE, DEPARTING FROM THE AFORESAID PROPOSED NORTHWESTERLY RIGHT-OF-WAY LINE OF A PROPOSED 80-FOOT-WIDE GARFIELD COUNTY ROAD NO. 114, AND ALONG THE NORTHERLY BOUNDARY LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SAID SECTION 33, S 88°26'25" E, A DISTANCE OF 647.97 FEET TO THE EAST QUARTER CORNER OF THE SAID SECTION 33, SAID CORNER MONUMENTED BY A FOUND ¾ INCH IRON PIN WITH 2.5IN. ALLOY CAP MARKED PELS 5933; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE NORTHERLY BOUNDARY LINE OF THAT PARCEL OF LAND DESCRIBED IN THAT INSTRUMENT RECORDED UNDER RECEPTION NUMBER 828748, AND COINCIDENTAL WITH THE SOUTHERLY BOUNDARY LINE OF THAT PARCEL OF LAND DESCRIBED UNDER RECEPTION NUMBER 686804, N 89°58'17" ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:ABS64005037-6 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. E, A DISTANCE OF 198.91 FEET TO THE NORTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED UNDER RECEPTION NUMBER 828749 IN THE PUBLIC RECORDS OF GARFIELD COUNTY, THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP, LS 19598; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE WESTERLY BOUNDARY LINE OF THAT PARCEL OF LAND DESCRIBED IN THAT INSTRUMENT RECORDED UNDER RECEPTION NUMBER 828749, S 03°53'03" E, A DISTANCE OF 1233.37 FEET TO A POINT ON THE NORTHERLY BOUNDARY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SAID SECTION 34, THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP, LS 19598; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE NORTHERLY BOUNDARY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SAID SECTION 34, AND BEING COINCIDENT WITH THE WESTERLY BOUNDARY LINE OF THAT PARCEL DESCRIBED UNDER RECEPTION NUMBER 878749, N 89°02'28" E, A DISTANCE OF 807.23 FEET, THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP, LS 19598; THENCE, DEPARTING FROM THE AFORESAID COURSE, BEING COINCIDENT WITH THE WESTERLY BOUNDARY LINE OF THAT PARCEL DESCRIBED UNDER RECEPTION NUMBER 878749, S 02°50'18" E, A DISTANCE OF 1220.31 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SAID SECTION 34, THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP, LS 19598; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE SOUTHERLY BOUNDARY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SAID SECTION 34, AND BEING COINCIDENT WITH THE NORTHERLY BOUNDARY LINE OF THAT PARCEL DESCRIBED UNDER RECEPTION NUMBER 878747, S 88°09'45" W, A DISTANCE OF 984.17 FEET TO THE SOUTHEAST CORNER OF THE SAID SECTION 33, TO THE POINT OF BEGINNING. BILL W.A. BAKER, COLORADO PROFESSIONAL LAND SURVEYOR #23875 CERTIFIED FEDERAL SURVEYOR #1699 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:ABS64005037-6 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: ABS64005037-6 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 1. WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR THE BERKELEY FAMILY LLLP, A COLORADO LIMITED LIABILITY LIMITED PARTNERSHIP, WHICH ACQUIRED TITLE AS BERKELEY FAMILY LIMITED PARTNERSHIP, A COLORADO LIMITED PARTNERSHIP RECORDED OCTOBER 08, 2019 UNDER RECEPTION NO. 926578 IS CURRENT. NOTE: SAID INSTRUMENT DISCLOSES MIRIAM M. BERKELEY AS THE GENERAL PARTNER AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED. 2. A FULL COPY OF THE FULLY EXECUTED PARTNERSHIP AGREEMENT AND ANY AND ALL AMENDMENTS THERETO FOR LONGHORN OPPORTUNITY FUND I, LP, A TEXAS LIMITED PARTNERSHIP MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY. SAID AGREEMENT MUST DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID ENTITY. NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION. 3. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF LONGHORN OPPORTUNITY FUND I, LP, A TEXAS LIMITED PARTNERSHIP AS A A LIMITED PARTNERSHIP. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS. NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. 4. (THIS ITEM WAS INTENTIONALLY DELETED) 5. SPECIAL WARRANTY DEED FROM THE BERKELEY FAMILY LLLP, A COLORADO LIMITED LIABILITY LIMITED PARTNERSHIP, WHICH ACQUIRED TITLE AS BERKELEY FAMILY LIMITED PARTNERSHIP, A COLORADO LIMITED PARTNERSHIP TO LONGHORN OPPORTUNITY FUND I, LP, A TEXAS LIMITED PARTNERSHIP CONVEYING SUBJECT PROPERTY. 6. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE OF THE CONSERVATION EASEMENT AGREEMENT FEE UNDER SECTIONS 7.1 AND 16 HAVE BEEN COMPLIED WITH AS DISCLOSED BY INSTRUMENT RECORDED SEPTEMBER 20, 2019 UNDER RECEPTION NO. 925748. TRANSFER FEE HAVE BEEN SATISFIED. 7. (THIS ITEM WAS INTENTIONALLY DELETED) REQUIREMENTS TO DELETE THE PRE-PRINTED EXCEPTIONS IN THE OWNER'S POLICY TO BE ISSUED A. ITEMS 1-3 OF THE PRE-PRINTED EXCEPTIONS WILL BE DELETED. B. UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM 4 OF THE PRE-PRINTED EXCEPTIONS, WILL BE AMENDED TO READ: ITEM 4 OF THE PRE-PRINTED EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE SPECIFIC, DIRECT REQUEST, AND WITH THE ACTUAL KNOWLEDGE OF THE BERKELEY FAMILY LLLP, A COLORADO LIMITED LIABILITY LIMITED PARTNERSHIP, WHICH ACQUIRED TITLE AS BERKELEY FAMILY LIMITED PARTNERSHIP, A COLORADO LIMITED PARTNERSHIP. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE SPECIFIC, DIRECT REQUEST, AND WITH THE ACTUAL KNOWLEDGE OF LONGHORN OPPORTUNITY FUND I, LP, A TEXAS LIMITED PARTNERSHIP. C. ITEM 5 OF THE PRE-PRINTED EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. D. UPON PROOF OF PAYMENT OF 2021 TAXES AND ASSESSMENTS, ITEM 6 OF THE PRE-PRINTED EXCEPTIONS WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2022 AND SUBSEQUENT YEARS. NOTE: THE ISSUANCE OF THE POLICIES AND/OR ENDORSEMENTS REFERENCED IN THIS COMMITMENT ARE SUBJECT TO THE APPROVAL OF THE UNDERWRITER OF SAID POLICIES AND/OR ENDORSEMENTS. THIS COMMITMENT MAY BE REVISED AS REQUIRED BY THE UNDERWRITER TO ISSUE THE POLICIES AND/OR ENDORSEMENTS REQUESTED. THIS NOTE WILL BE DELETED UPON THE RECEIPT OF SAID APPROVAL. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: ABS64005037-6 All of the following Requirements must be met: This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8. EXISTING LEASES AND TENANCIES. 9. 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 JULY 30, 1895, IN BOOK 12 AT PAGE 376 AND RECORDED AUGUST 6, 1895 IN BOOK 12 AT PAGE 378 AND RECORDED MAY 28, 1974 IN BOOK 459 AT PAGE 525. 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 30, 1895, IN BOOK 12 AT PAGE 376 AND RECORDED AUGUST 6, 1895 IN BOOK 12 AT PAGE 378, AND RECORDED SEPTEMBER 23, 1912 IN BOOK 71 AT PAGE 560 AND RECORDED MAY 28, 1974 IN BOOK 459 AT PAGE 525 AND RECORDED FEBRUARY 26, 1952 IN BOOK 263 AT PAGE 239. 11. ALL COAL AND OTHER MINERALS, TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE AND REMOVE THE SAME PURSUANT TO THE PROVISIONS AND LIMITATIONS OF THE ACT OF DECEMBER 29, 1916 (39 STAT. 862) AS RESERVED BY THE UNITED STATES OF AMERICA IN THE PATEN RECORDED FEBRUARY 26, 1952 IN BOOK 263 AT PAGE 239. 12. ROAD PETITION RECORDED JUNE 12, 1929 IN BOOK 2 AT PAGE 11. 13. ROAD VIEWING REPORT RECORDED JUNE 12, 1929 IN BOOK 2 AT PAGE 86 AS RECEPTION NO. 104593. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS64005037-6 14. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 79-64 RECORDED JUNE 19, 1979 IN BOOK 530 AT PAGE 93. 15. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED MAY 02, 1991 IN BOOK 803 AT PAGE 445. 16. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED SEPTEMBER 14, 1992 IN BOOK 841 AT PAGE 512. 17. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN MEMORANDUM OF WATER ALLOTMENT CONTRACT RECORDED MAY 07, 1997 UNDER RECEPTION NO. 507956. 18. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN UTILITY EASEMENT RECORDED NOVEMBER 12, 1997 UNDER RECEPTION NO. 516344. 19. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN ORDER CONFIRMING INCLUSING OF PROPERTY RECORDED JULY 23, 2001 UNDER RECEPTION NO. 584839. 20. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED AUGUST 30, 2001 IN BOOK 1282 AT PAGE 8. 21. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 02-109 RECORDED DECEMBER 23, 2002 IN BOOK 1419 AT PAGE 563. 22. (THIS ITEM WAS INTENTIONALLY DELETED) 23. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN HOLY CROSS ENERGY RIGHT-OF-WAY EASEMENT RECORDED SEPTEMBER 15, 2004 UNDER RECEPTION NO. 659779. 24. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO. 2004-110 RECORDED NOVEMBER 19, 2004 UNDER RECEPTION NO. 663716. 25. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN HOLY CROSS ENERGY RIGHT-OF-WAY EASEMENT RECORDED DECEMBER 15, 2004 UNDER RECEPTION NO. 665111. 26. THE EFFECT OF ANY FAILURE TO COMPLY WITH THE TERMS, CONDITIONS AND PROVISIONS OF DEED OF CONSERVATION AGREEMENT RECORDED DECEMBER 22, 2004 AT RECEPTION NO. 665794 AND FIRST AMENDED AND RESTATED DEED OF CONSERVATION RECORDED OCTOBER 24, 2005 UNDER RECEPTION NO. 684872 AND SECOND AMENDED AND RESTATED DEED OF CONSERVATION EASEMENT RECORDED NOVEMBER 2, 2006 UNDER RECEPTION NO. 710348 AND THIRD AMENDED AND RESTATED DEED OF CONSERVATION EASEMENT RECORDED JULY 24, 2007 UNDER RECEPTION NO. 728890 FOURTH AMENDED AND RESTATED DEED OF CONSERVATION EASEMENT RECORDED OCTOBER 3, 2008 UNDER RECEPTION NO. 756747 AND FIRST AMENDMENT TO THE FOURTH AMENDED AND RESTATED DEED OF CONSERVATION EASEMENT RECORDED AUGUST 26, 2009 UNDER RECEPTION NO. 774022 AND FIFTH AMENDED AND RESTATED DEED OF CONSERVATION EASEMENT RECORDED SEPTEMBER 20, 2019 UNDER RECEPTION NO. 925748. 27. TERMS, CONDITIONS AND PROVISIONS OF UTILITY EASEMENT DEED RECORDED MARCH 01, 2010 AT RECEPTION NO. 782646 AND CORRECTED DEED RECORDED NOVEMBER 29, 2010 UNDER RECEPTION NO. 794921. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS64005037-6 28. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2012-80 RECORDED SEPTEMBER 05, 2012 AT RECEPTION NO. 823748. 29. TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE AFFIDAVIT RECORDED DECEMBER 19, 2012 AT RECEPTION NO. 828747. 30. TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE AFFIDAVIT RECORDED DECEMBER 19, 2012 AT RECEPTION NO. 828750. 31. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2013-29 RECORDED MAY 07, 2013 AT RECEPTION NO. 834952. 32. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2013-74 RECORDED OCTOBER 15, 2013 AT RECEPTION NO. 842009. 33. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2016-35 RECORDED MAY 02, 2016 AT RECEPTION NO. 876660. 34. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2016-36 RECORDED MAY 06, 2016 AT RECEPTION NO. 876835. 35. TERMS, CONDITIONS AND PROVISIONS OF VACATION AND ABANDONMENT OF EASEMENT AND GRANT OF EASEMENT RECORDED JULY 17, 2019 UNDER RECEPTION NO. 922977. 36. TERMS, CONDITIONS AND PROVISIONS OF ACCESS, UTILITY, DRAINAGE AND RIGHT-OF-WAY EASEMENT DEED RECORDED JULY 17, 2019 UNDER RECEPTION NO. 922979. 37. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN VACATION AND ABANDONMENT OF EASEMENT RECORDED DECEMBER 08, 2020 UNDER RECEPTION NO. 946639. 38. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN HOLY CROSS ENERGY RIGHT-OF-WAY EASEMENT RECORDED DECEMBER 08, 2020 UNDER RECEPTION NO. 946640. 39. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO. PC-2020-04 RECORDED JANUARY 25, 2021 UNDER RECEPTION NO. 949223. 40. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO. 2021-07 RECORDED FEBRUARY 19, 2021 UNDER RECEPTION NO. 950664. 41. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO. 2021-08 RECORDED FEBRUARY 19, 2021 UNDER RECEPTION NO. 950665. 42. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN AGREEMENT FOR RELEASE OF SECURITY FOR LAKE SPRINGS RANCH FILING 2 RECORDED FEBRUARY 19, 2021 UNDER RECEPTION NO. 950666. 43. (THIS ITEM WAS INTENTIONALLY DELETED) 44. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN VACATION PLAT A PART OF 1926 SPRING VALLEY ROAD (ALSO KNOWN AS COUNTY ROAD 114) RECORDED FEBRUARY 19, 2021 UNDER RECEPTION NO. 950668. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS64005037-6 45. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN COUNTY ROAD 119 RIGHT - OF - WAY EASEMENT RECORDED FEBRUARY 19, 2021 UNDER RECEPTION NO. 950669. 46. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN RIGHT - OF - WAY EASEMENT DEED RECORDED FEBRUARY 19, 2021 UNDER RECEPTION NO. 950670. 47. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN LAKE SPRINGS RANCH P.U.D. FILING NO. 1 LAKE SPRINGS RANCH DRIVE & LAKE SPRINGS RANCH PLACE VACATION RECORDED FEBRUARY 19, 2021 UNDER RECEPTION NO. 950671. 48. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN LAKE SPRINGS RANCH P.U.D. FILING NO. 2 MIRIAM COURT, RIVENDELL COURT & SPRING VALLEY ROAD VACATION RECORDED FEBRUARY 19, 2021 UNDER RECEPTION NO. 950672. 49. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF VACATION PLAT LAKE SPRINGS RANCH P.U.D. FILINGS 1 & 2 RECORDED FEBRUARY 19, 2021 UNDER RECEPTION NO. 950673. 50. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING FACTS SHOWN ON IMPROVEMENT SURVEY PLAT THE BERKELEY TRACT CERTIFIED JULY 18, 2022, REVISION SEPTEMBER 1, 2022 PREPARED BY BILL W.A. BAKER FOR AND BEHALF OF HIGH COUNTRY ENGINEERING, INC., JOB #2041025.06 SAID DOCUMENT STORED AS OUR IMAGE 55728260 A: FENCING IS NOT COINCIDENT WITH PROPERTY LINES. B: EXCEPTION FOR OVERHEAD ELECTRIC LINES WITHOUT THE BENEFIT OF A RECORDED EASEMENT. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS64005037-6 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) Lake Springs Ranch Comprehensive Plan 2030 – FLUM Amendment Application November 2022 Exhibit 4b | Survey 33 SOUTH 1/4 CORNER SECTION 33 FOUND 2 3/4" ALLOY CAP ON 5/8" IRON PIN PLS 5933 279.11'CENTER 1/4 CORNER FOUND 2 3/4". GARCO ALLOY CAP ON 2.0" IRON PIPE MARKED COUNTY SURVEYOR GARFIELD COUNTY, 1977 S 10°47'27" E647.87'S 16°39'52" W 217.38' S48°11'02"W 452.97' N89°49'27"W 293.53' SOUTHERLY LINE REC. NO. 686804 SOUTHERLY LINE REC. NO. 828748 WESTERLY LINE REC. NO. 828749 WESTERLY LINE REC. NO. 828749 NORTHERLY LINE REC. NO. 828747 NORTHERLY LINE REC. NO. 828747 NORTHEASTERLY LINE REC. NO. 828748 CONFORMS TO FENCE SOUTHEASTERLY LINE REC. NO. 828748, NORTHWESTERLY LINE REC. NO. 778209 CONFORMS TO FENCE NORTHWESTERLY LINE REC. NO. 878747 CONFORMS TO FENCE BASIS OF BEARINGS A B N89°58'17"E 198.91' NORTHWEST CORNER OF REC. NO. 828749 4 33 34 4 3COUNTY ROAD 114COUNTY ROAD 119 N 89°15'46" W 1728.18' S 27°00'32" W 277.20' S 88°09'45" W 984.17'S 03°53'03" E1233.37'N 89°02'28" E 807.23'S 02°50'11" E1220.31'N 88°26'25" W 608.20'S 88°26'25" E 647.97' 8,874,416 Sq.Ft. 203.73 Acres±COUNTY ROAD 114SOUTHERLY BOUNDARY LINE LOT 9 SOUTHERLY BOUNDARY LINE LOT 1 EXISTING 30' GRAVITY SEWER LINE EASEMENT TO REMAIN SPRING VALLEY SANITATION DISTRICT REC. NO. 794921 N 89°49'18" W 2682.73' S 88°25'45" E 1255.65' 30' WIDE HOLY CROSS ENERGY RIGHT-OF-WAY EASEMENT REC. NO. 946640 EXCEPTION #38 34 3 TOWNSHIP 6 SOUTH RANGE 88W TOWNSHIP 7 SOUTH RANGE 88W WATER ALLOTMENT CONTRACT INTERIOR OF HATCHED LINE Rec # 507956 EXCEPTION #17 WATER ALLOTMENT CONTRACT INTERIOR OF HATCHED LINE Rec # 507956 EXCEPTION #17 FOUND 2in. IRON PIPE, WITH 2.5in. BLM BRASS CAP THIS TRACT CONTAINS A 20FT. WIDE GAS EASEMENT UNDEFINED IN Rec # 507956 INTERIOR OF HATCHED LINE EXCEPTION #18 30FT. OVERHEAD ELECTRIC EASEMENT Rec # 665111 EXCEPTION #25 EXISTING 60' PRESCRIPTIVE USE EASEMENT COUNTY ROAD 114 Rec # 950670 EXCEPTION #46 PROPOSED FUTURE 80' RIGHT-OF-WAY POINT OF BEGINNING SUBSERVIENT DESCRIPTION DETAIL N 2°51'47" E 0.99' 30' WIDE HOLY CROSS ENERGY RIGHT-OF-WAY EASEMENT REC. NO. 946640 EXCEPTION #38 EXISTING 60' PRESCRIPTIVE USE EASEMENT COUNTY ROAD 114 Rec # 950670 EXCEPTION #46C3 1 inch = ft. (IN U.S. SURVEY FEET) GRAPHIC SCALE 00300 150 300 600 1200 300 BYNO.DATEBYPROJECT NO.REVISIONHIGH COUNTRY ENGINEERING, INC.PHONE (970) 945-8676 - FAX (970) 945-2555www.hceng.comdrawn by:checked by:date:file:1517 BLAKE AVENUE, STE 101, GLENWOOD SPRINGS, CO 81601SHEET NUMBERS -T -R-C-2041025.05 3 of 6THE BERKELEY FAMILY LLPGARFIELD COUNTYTHE SEVERED TRACTDMCBB07.18.20222041025.0532, 33 & 46S 7S88WGarfieldFOUND PLSS MONUMENT AS NOTED LEGEND BOUNDARY OR LOT LINE ADJOINER LINE PLSS LINE GOVERNMENT LOT LINE SET 5/8 IN IRON PIN W/ 2.5" YELLOW PLASTIC CAP PLS#23875 FOUND 5/8 IN IRON PIN W/ 2.5" YELLOW PLASTIC CAP PLS#19598 THE SEVERED TRACT A PARCEL OF LAND SITUATED IN GOVERNMENT LOTS 2,13,14, 22 AND 23 AND THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER IN SECTION 33 AND A PART OF THE SOUTHWEST QUARTER OF SECTION 34, ALL IN TOWNSHIP 6 SOUTH, RANGE 88 WEST OF THE 6TH P.M. AND ALSO LOTS 1, 2, 3 AND 9 IN SECTION 4, TOWNSHIP 7 SOUTH, RANGE 88 WEST, OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO.CENTER WEST 1/16 CORNER FOUND 2.0". ALLOY CAP WITH 5/8" IRON PIN PELS 5933 DESCRIPTION TIE PROPOSED TRACT EAST OF WEST RIGHT-OF-WAY GARCO 114 A PARCEL OF LAND SITUATED IN GOVERNMENT LOTS 12,13,14,22,23, THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 6 SOUTH, AND LOTS 1,2,3,9, THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 7 SOUTH, ALL IN RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN WITH ALL LOTTING REFERENCING THAT GOVERNMENT LAND OFFICE (GLO) SUPPLEMENTAL SURVEY PLAT DATED 29 APRIL, 1893, COUNTY OF GARFIELD, STATE OF COLORADO, TO WIT; BEGINNING AT THE SOUTHEAST CORNER OF THE SAID SECTION 33, THE SAID CORNER MONUMENTED BY A FOUND 2INCH IRON PIPE WITH BLM BRASS CAP, FROM WHENCE THE SOUTH QUARTER CORNER THEREOF, MONUMENTED BY A FOUND ¾ INCH IRON PIN WITH 2.75 INCH ALLOY CAP MARKED PELS 5933 BEARS N 89°49'18” W, 2682.72 FEET DISTANT, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE, DEPARTING FROM THE AFORESAID COURSE AND, AND BEING COINCIDENT WITH THE NORTHWESTERLY BOUNDARY LINE OF THAT PARCEL DESCRIBED UNDER RECEPTION NUMBER 878747, S 16°39'52" W, A DISTANCE OF 217.38 FEET, THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP, PLS 23875; THENCE, DEPARTING FROM THE AFORESAID COURSE AND, CONTINUING ALONG THE SAID NORTHWESTERLY BOUNDARY LINE (RECEPTION NUMBER 878747), S 27°00'32" W, A DISTANCE OF 277.20 FEET, THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP, PLS 23875; THENCE, DEPARTING FROM THE AFORESAID COURSE AND, CONTINUING ALONG THE SAID NORTHWESTERLY BOUNDARY LINE (RECEPTION NUMBER 878747), S 48°11'02" W, A DISTANCE OF 452.97 FEET, THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP, PLS 23875; THENCE, DEPARTING FROM THE AFORESAID COURSE AND, CONTINUING ALONG THE SAID NORTHWESTERLY BOUNDARY LINE (RECEPTION NUMBER 878747), N 89°49'27" W, A DISTANCE OF 293.53 FEET TO A POINT OF CURVATURE, THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP, PLS 23875; THENCE, DEPARTING FROM THE AFORESAID COURSE AND, CONTINUING ALONG THE SAID NORTHWESTERLY BOUNDARY LINE (RECEPTION NUMBER 878747), 188.62 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE RIGHT WHOSE RADIUS IS 200.01 FEET, (CHORD BEARS N 62°48'04" W, 181.71 FEET) TO A POINT OF TANGENCY, THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP, PLS 23875; THENCE, DEPARTING FROM THE AFORESAID COURSE AND, CONTINUING ALONG THE SAID NORTHWESTERLY BOUNDARY LINE (RECEPTION NUMBER 878747), N 35°45'36" W, A DISTANCE OF 8.96 FEET, THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP, PLS 23875; THENCE, DEPARTING FROM THE AFORESAID COURSE AND, CONTINUING ALONG THE SAID NORTHWESTERLY BOUNDARY LINE (RECEPTION NUMBER 878747), 101.08 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE, TURNING TO THE RIGHT WHOSE RADIUS IS 330.00 FEET, (CHORD BEARS S 57°47'34" W, 100.68 FEET), TO A POINT ON AN EXISTING WIRE FENCE, THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP, PLS 23875; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE COURSE OF THE SAID WIRE FENCE, ALONG A PART OF THE EASTERLY BOUNDARY LINE OF THAT PARCEL OF LAND DESCRIBED UNDER RECEPTION NUMBER 828748, AND BEING COINCIDENT WITH THE NORTHWESTERLY BOUNDARY LINE OF THAT PARCEL DESCRIBED UNDER RECEPTION NUMBER 878747, S 10°47'27" E, A DISTANCE OF 647.87 FEET TO THE SOUTHERLY TERMINUS OF THE SAID WIRE FENCE, THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP, PLS 23875; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE COURSE OF THE SAID WIRE FENCE, ALONG THE SOUTHERLY BOUNDARY LINE OF THAT PARCEL OF LAND DESCRIBED UNDER RECEPTION NUMBER 828748, AND THAT PARCEL OF LAND DESCRIBED UNDER RECEPTION NUMBER 778209, AND BEING COINCIDENT WITH THE NORTHWESTERLY BOUNDARY LINE OF THAT PARCEL DESCRIBED UNDER RECEPTION NUMBER 878747, N 89°15'46" W, A DISTANCE OF 1728.18 FEET TO THE WESTERLY TERMINUS THEREOF, A POINT ON THE EASTERLY BOUNDARY LINE OF LOT 10 IN THE SAID SECTION 4, THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP, PLS 23875; THENCE, DEPARTING FROM THE AFORESAID COURSE AND, ALONG THE EASTERLY BOUNDARY LINE OF THE SAID LOT 10, N 02°51'47” E, A DISTANCE OF 0.99 FEET TO THE SOUTHWEST CORNER OF LOT 9, IN THE SAID SECTION 4, THE SAID CORNER MONUMENTED BY A FOUND 2.5IN, IRON PIPE WITH 2.75IN. BRASS CAP MARKED COUNTY SURVEYOR GARFIELD COUNTY, 1977; THENCE, DEPARTING FROM THE AFORESAID COURSE AND, ALONG THE WESTERLY BOUNDARY LINE OF THE SAID LOT 9, N 00°11'54" W, A DISTANCE OF 1061.98 FEET TO A POINT OF INTERSECTION WITH THE NORTHWESTERLY RIGHT-OF-WAY LINE OF A PROPOSED 80-FOOT-WIDE GARFIELD COUNTY ROAD NO. 114, FROM WHENCE THE SOUTH QUARTER CORNER OF THE SAID SECTION 33, BEARS N 00°11'54” W, 279.11 FEET DISTANT, THE SAID QUARTER CORNER MONUMENTED BY A FOUND 2IN. BRASS CAPPED PIPE MARKED PELS 5933, THE SAID POINT OF INTERSECTION MONUMENTED BY A SET 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP, PLS 23875; THENCE, DEPARTING FROM THE AFORESAID COURSE AND, ALONG THE NORTHWESTERLY RIGHT-OF-WAY LINE OF THE SAID 80 FOOT WIDE COUNTY ROAD NO. 114, THE FOLLOWING EIGHTEEN (18) COURSES, EACH COURSE MONUMENTED BY A SET 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP, PLS 23875: 1. 308.25 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE, TURNING TO THE LEFT WHOSE RADIUS IS 570.00 FEET, (CHORD BEARS N 10°42'40" E, 304.51 FEET) TO A POINT OF TANGENCY; 2. N 04°46'53" W, A DISTANCE OF 109.17 FEET TO A POINT OF CURVATURE; 3. 385.64 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE RIGHT WHOSE RADIUS IS 650.00 FEET, (CHORD BEARS N 12°12'55" E, 380.01 FEET) TO A POINT OF TANGENCY; 4. N 29°12'44" E, A DISTANCE OF 305.97 FEET TO A POINT OF CURVATURE; 5. 14.36 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE RIGHT WHOSE RADIUS IS 1040.00 FEET, (CHORD BEARS N 29°36'28" E, 14.36 FEET) TO A POINT OF TANGENCY; 6. N 30°00'13" E, A DISTANCE OF 305.97 FEET TO A POINT OF CURVATURE; 7. 328.00 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE RIGHT WHOSE RADIUS IS 690.00 FEET, (CHORD BEARS N 43°37'17" E, 324.92 FEET) TO A POINT OF TANGENCY; 8. N 57°14'22" E, A DISTANCE OF 165.99 FEET TO A POINT OF CURVATURE; 9. 267.77 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE LEFT, WHOSE RADIUS IS 660.00 FEET; (LONG CHORD BEARS N 45°37'00" E, 265.94 FEET) TO A POINT OF TANGENCY; 10. N 33°59'38" E, A DISTANCE OF 136.05 FEET TO A POINT OF CURVATURE; 11. 215.78 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE RIGHT, WHOSE RADIUS IS 690.00 FEET; (LONG CHORD BEARS N 42°57'09" E, 214.90 FEET) TO A POINT OF TANGENCY; 12. N 51°54'41" E, A DISTANCE OF 50.15 FEET TO A POINT OF CURVATURE; 13. 91.60 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE LEFT, WHOSE RADIUS IS 860.00 FEET; (LONG CHORD BEARS N 48°51'36" E, 91.56 FEET) TO A POINT OF TANGENCY; 14. N 45°48'31" E, A DISTANCE OF 161.63 FEET TO A POINT OF CURVATURE; 15. 31.19 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE LEFT, WHOSE RADIUS IS 960.00 FEET; (LONG CHORD BEARS N 44°52'40" E, 31.19 FEET) TO A POINT OF TANGENCY; 16. N 43°56'50" E, A DISTANCE OF 184.24 FEET TO A POINT OF CURVATURE; 17. 220.33 FEET ALONG THE ARC OF A CIRCULAR CURVE, TURNING TO THE LEFT, WHOSE RADIUS IS 3960.00 FEET; (LONG CHORD BEARS N 42°21'12" E, 220.30 FEET) TO A POINT OF TANGENCY; 18. N 40°45'34" E, A DISTANCE OF 257.90 FEET TO A POINT ON THE NORTHERLY BOUNDARY LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SAID SECTION 33, AND COINCIDENTAL WITH THE SOUTHERLY BOUNDARY LINE OF THAT PARCEL OF LAND DESCRIBED UNDER RECEPTION NUMBER 686804, FROM WHENCE THE NORTHWEST CORNER THEREOF, MONUMENTED BY A FOUND 2 INCH IRON PIPE WITH 2.75 INCH BRASS CAP MARKED PELS 5933, BEARS N 88°26'25” W, 608.20 FEET DISTANT; THENCE, DEPARTING FROM THE AFORESAID PROPOSED NORTHWESTERLY RIGHT-OF-WAY LINE OF A PROPOSED 80-FOOT-WIDE GARFIELD COUNTY ROAD NO. 114, AND ALONG THE NORTHERLY BOUNDARY LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SAID SECTION 33, S 88°26'25" E, A DISTANCE OF 647.97 FEET TO THE EAST QUARTER CORNER OF THE SAID SECTION 33, SAID CORNER MONUMENTED BY A FOUND ¾ INCH IRON PIN WITH 2.5IN. ALLOY CAP MARKED PELS 5933; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE NORTHERLY BOUNDARY LINE OF THAT PARCEL OF LAND DESCRIBED IN THAT INSTRUMENT RECORDED UNDER RECEPTION NUMBER 828748, AND COINCIDENTAL WITH THE SOUTHERLY BOUNDARY LINE OF THAT PARCEL OF LAND DESCRIBED UNDER RECEPTION NUMBER 686804, N 89°58'17" E, A DISTANCE OF 198.91 FEET TO THE NORTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED UNDER RECEPTION NUMBER 828749 IN THE PUBLIC RECORDS OF GARFIELD COUNTY, THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP, LS 19598; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE WESTERLY BOUNDARY LINE OF THAT PARCEL OF LAND DESCRIBED IN THAT INSTRUMENT RECORDED UNDER RECEPTION NUMBER 828749, S 03°53'03" E, A DISTANCE OF 1233.37 FEET TO A POINT ON THE NORTHERLY BOUNDARY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SAID SECTION 34, THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP, LS 19598; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE NORTHERLY BOUNDARY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SAID SECTION 34, AND BEING COINCIDENT WITH THE WESTERLY BOUNDARY LINE OF THAT PARCEL DESCRIBED UNDER RECEPTION NUMBER 878749, N 89°02'28" E, A DISTANCE OF 807.23 FEET, THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP, LS 19598; THENCE, DEPARTING FROM THE AFORESAID COURSE, BEING COINCIDENT WITH THE WESTERLY BOUNDARY LINE OF THAT PARCEL DESCRIBED UNDER RECEPTION NUMBER 878749, S 02°50'18" E, A DISTANCE OF 1220.31 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SAID SECTION 34, THE SAID CORNER MONUMENTED BY A FOUND 5/8 INCH IRON PIN WITH YELLOW PLASTIC CAP, LS 19598; THENCE, DEPARTING FROM THE AFORESAID COURSE AND ALONG THE SOUTHERLY BOUNDARY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SAID SECTION 34, AND BEING COINCIDENT WITH THE NORTHERLY BOUNDARY LINE OF THAT PARCEL DESCRIBED UNDER RECEPTION NUMBER 878747, S 88°09'45" W, A DISTANCE OF 984.17 FEET TO THE SOUTHEAST CORNER OF THE SAID SECTION 33, TO THE POINT OF BEGINNING. IS COMPRISED OF 8,874,416 SQUARE FEET, (203.739 ACRES), MORE OR LESS. TRACT TO BE SEVERED Lake Springs Ranch Comprehensive Plan 2030 – FLUM Amendment Application November 2022 Exhibit 4c | Mineral Rights Documents TGMC,llc Land Use Planning ▪ Site Design ▪ GIS Analysis ▪ Public Process 402 Park Drive ▪ Glenwood Springs ▪ Colorado ▪ 81601 ▪ P: 970.945.0832 ▪ E: tim@tgmalloy.com November 29, 2022 Garfield County Community Development Department c/o Glenn Hartmann, Senior Planner 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 RE: Mineral Rights Research and Mailing Address Dear Glenn: As required by the Pre-application Conference Summary Form and in the General Application Materials section of the Garfield County Land Use and Development Code (Section 4-203(B)), I have provided a signed Certification of Mineral Owner Research (COMOR) with this letter. In signing the enclosed COMOR, I have reviewed the Certificate of Title, included as Exhibit 4a of this application. I have also relied on several mineral research reports that have been prepared in relation to the Lake Springs Ranch property over the years (attached). The Certificate of Title shows that mineral rights on the eastern portion of the Lake Springs Ranch property are owned by the Federal Government (BLM) and the mineral rights on the remainder of the property are privately owned. We would point out that the mineral rights citations in the current Certificate of Title have not changed since 2004 when the original Assessment of Mineral Resource Potential report was prepared by Bio-Logic Environmental (See Exceptions 9 and 11 of Appendix B, Biologic Report). Based on paragraph 2, page 2 and paragraphs 3 and 4 on page 3 of the Bio-Logic Report, the mineral rights not reserve by the Federal Government have either not been severed or the right to extract was never reserved. Therefore, all privately-held mineral rights have been retained as part of the estate which is owned by the Berkeley Family LLLP. Given that the Federal Government continues to own mineral rights on the property, we have provided the address information for the local BLM office in Exhibit 5 of this application. This information included with this letter has been provided to the County in association with prior land use applications and has been reviewed by the County Attorney’s office and found to satisfy the requirements related to mineral Lake Springs Ranch PUD | Mineral Rights Research and Mailing Address 402 Park Drive ▪ Glenwood Springs ▪ Colorado ▪ 81601 ▪ P: 970.945.0832 ▪ E: tim@tgmalloy.com ownership and public notice. Please contact me if you have any questions or require any additional information. Regards, Tim Malloy, Principal TG Malloy Consulting, LLC CC: Mike Berkeley Haythem Dawlett Attachments Exhibit 4(c)(1): Certification of Mineral Owner Research Exhibit 4(c)(2): 2015 Mineral Rights Update, Eric D. McCafferty Exhibit 4(c)(3): 2009 Mineral Assessment Report Update, Rare Earth Science Exhibit 4(c)(4): 2004 Assessment of Mineral Resource Potential, Bio-Logic Environmental Exhibit 4(c)(1) Exhibit 4(c)(2) PO Box 4523 * Grand Junction, Colorado 81502-4523 * 970.241.1762 * jim@rareearthscience.com www.rareearthscience.com Rare Earth Science August 24, 2009 Michael Berkeley 4001 County Road 114 Glenwood Springs, Colorado 81601 Re: Rivendell Farm Mineral Assessment Report – 2009 Update Conservation Easement Property (Garfield County, Colorado) Dear Mike: Rare Earth Science, LLC (Rare Earth) has completed a review of potential mineral resources and the possibility of future mining activity at your property located southeast of Glenwood Springs. The property is known as Rivendell Farm, which includes approximately 169 acres of land that have been phased into conservation easements (CEs) between 2004 and 2009. Rare Earth reviewed An Assessment of Mineral Resource Potential report (dated December 28, 2004) prepared by BIO-Logic Environmental for the larger Rivendell Farm (see attached Figure 1), which, at the time, was known as the 438-acre Lake Springs Planned Unit Development. This property encompasses portions of Sections 32, 33 and 34, Township 6 South, Range 88 West (6th Principal Meridian) and Section 4, Township 7 South, Range 88 West (6th Principal Meridian). The 2004-2009 CEs are located in portions of the East ½ of Section 32 and West ½ of Section 33 (see Figure 2). Based upon maps & surveys provided by the Aspen Valley Land Trust and High Country Engineering, Inc., along with Bureau of Land Management (BLM) historical land status records, it appears that the Federal mineral estate was not accurately mapped in the 2004 mineral resource report. Figure 2 depicts the currently-understood boundary for Federal ownership of “all minerals,” which affects a portion of the 2006-2008 CEs. Otherwise, mineral rights at the remainder of the property appear to be privately held. Rare Earth reviewed geologic maps & aerial photographs for the property; State and Federal databases for mining & drilling information (obtained from the Colorado Oil & Gas Conservation Commission [COGCC] and the Colorado Division of Reclamation, Mining and Safety [DRMS]) for the site and surrounding area; and an updated BLM Mineral Management Status Map (Carbondale, 2008). No oil & gas fields are known to underlie the area and no recent, or planned, drilling activity or active oil & gas leases were identified in the COGCC or BLM databases for the property or adjoining lands. Additionally, no on-site or nearby State-permitted mining activities were identified. No mines, prospects, mineralized areas or patented (or unpatented) mining claims Exhibit 4(c)(3) Mineral Assessment Report Update – Rivendell Farm Conservation Easement Property August 24, 2009 Page 2 of 2 were identified at the property or adjoining lands, and no veins or lodes are known to intersect the property. This letter serves as a current update to BIO-Logic Environmental’s 2004 mineral resource report, concluding that no significant changes have occurred at the property which would alter the original findings that the probability of surface mining occurring at the Rivendell Farm property is so remote as to be negligible. Please contact me at 970/241-1762 if you require further information. Sincerely, Rare Earth Science, LLC James C. Armstrong Principal Geologist Attachments •Figure 1 (Overview Map) •Figure 2 (Conservation Easement Parcels & Federal Minerals Map) cc: B. Collins (AVLT) D. Reeder (Rare Earth) DATE: August 2009 CHECKED: J. Armstrong DRAWN: D. Reeder RIVENDELL FARM MINERAL ASSESSMENT REPORT Garfield County, Colorado FIGURE 1 OVERVIEW MAP PO Box 1245 Paonia, Colorado 81428 (970) 527-8445 www.rareearthscience.com USGS 7.5-Minute Topographic Map Garfield County, Colorado Mosaic Approximate Scale 1:14,000 All Locations ApproximateK Rivendell Farm 2004 2005 2008 2009 2006 2007 DATE: August 2009 CHECKED: J. Armstrong DRAWN: D. Reeder RIVENDELL FARM MINERAL ASSESSMENT REPORTGarfield County, Colorado FIGURE2 CONSERVATION EASEMENT PARCELS & FEDERAL MINERALS PO Box 1245 Paonia, Colorado 81428 (970) 527-8445www.rareearthscience.com USGS 7.5-Minute Topographic Map Garfield County, Colorado Mosaic Approximate Scale 1:14,000All Locations ApproximateK Rivendell Farm Conservation easement parcels Federal mineral ownership Federal mineral ownership from BLM's General Land Office, Land Status Records, and Master Title Plat Supplement for Secs. 28, 32, 33, T6S, R88W Exhibit 4(c)(4)