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HomeMy WebLinkAbout1.00 General Application MaterialsGarfield County PAYMENT AGREEMENT FORM {irK e.rt dU-NTY") pnd Property Owner ('APPLICANf)b^*z-b rr agree as follows: L. The has submitted to the County an for the Proj - r 2- The Applicant understands and agrees that Garfield County Resolution No. 2O14-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this tirne to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, establistred for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Eoard of County Cornrnissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. lf actual recorded costs exceed the initial Base Fee, the Applicant shall pay additionai billings to the County to reimburse the County for the processing of the project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact h+n',a a b.t+o.r Phone: AIg 4 l^-1 99,-1 Billing Contact Address: SL+lt3.,v20 City:R'€ Billing Contact Email:ho "t Printed Name of Person Authorized to Sign: c^4.- State: co Zipcode: 3 /1 fhOt-r-O",L ?"+eo IC_I b,(1 +-s*z (Signature){Date) + To Whom it May Concern, 4-5-24 We are applying for a Basic Correction Exemption as required by Garfield County to complete our pending Minor Subdivision Application. The original property at 5473 County Road 320 was sold by Kirk Dotson’s parents in 1971 and was not recorded at the Garfield County Clerk and Recorder until 1974. A letter overviewing this is attached to this application which was prepared by Dotson’s attorney Jenya Berino. Kirk Dotson’s father, Leslie Dotson passed away in 2013 and shortly after that his mother Helen Dotson slipped into Alzheimer’s Disease so there is no way to ask them historically what happened or to find any other supporting documentation of funds transfers and when they took place. We purchased the property at 5473 County Road 320 in 2015 from the Dotson Family Trust and Title search at that time showed no problems. We refinanced the property in 2017 through Alpine Bank and again the Title search was clear so we had no idea there may be a problem from back in 1971. We are asking for this Correction Exemption so we can correct the legal creation of the property which will allow us to move forward with our pending Dotson Minor Subdivision Application without creating a hardship for us to subdivide and/or sell our property at no fault of our own. Our driveway access does conform to the requirements of Section 7-107 but does not have a recorded permit. The house began construction in 1882 prior to the establishment of Garfield County in 1883. We believe that we meet all criteria required in the Garfield County Code 5-204. Enclosed are the required documents for the Basic Correction Exemption with supporting documents. Please reach out to us if you have any questions or concerns and thank you for your consideration of our request. Sincerely, Kirk and Patricia Dotson www.mountainlawfirm.com Glenwood Springs – Main Office 201 14th Street, Suite 200 P. O. Drawer 2030 Glenwood Springs, CO 81602 Aspen 323 W. Main Street Suite 301 Aspen, CO 81611 Montrose 1544 Oxbow Drive Suite 224 Montrose, CO 81402 Jenya C. Berino Associate Attorney jcb@mountainlawfirm.com Office: 970.945.2261 Fax: 970.945.7336 *Direct Mail to Glenwood Springs Office April 24, 2024 Via E-Mail Philip Berry, AICP Planner, Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Pberry@garfield-county.com Re: Dotson – 5473 320 County Road, Rifle, Colorado Dear Mr. Berry: Please be advised that this law firm represents Kirk R. Dotson and Patricia K. Dotson (“Dotson”) in regard to the property located at 5473 320 County Road in Rifle, Colorado (“Property). The purpose of this correspondence is to address the legal creation of the Property. As you know, the Dotsons have submitted a Minor Subdivision Application (“Application”) with the Garfield County. The plan for the Application is to divide the Property into two lots. Currently, the Property is 12.939 acres. Lot 1 will be 10.702 acres and currently contains a single- family home along with its own septic, electric, well, and access to County Road 320. Lot 2 will be 2.237 acres and has electric, well, and a separate access to County Road 320. The Dotson’s submitted the application on or about December 15, 2023. About a month later, the Dotson’s received a response questioning the proper creation of the Property. An outline of the creation of the Property follows. The Property was originally part of an 880-acre parcel which was purchased by Helen A. Dotson and Leslie Dotson Jr. from Bert and Mollie Eaton (“Eatons”). The Eatons had acquired the 880-acre parcel as part of a larger purchase, referenced in the Deed recorded August 14, 1952, in Book 265 at Page 310, at Reception No. 180166 (“Eaton Deed”). A copy of the Eaton deed is included herein. The 880-acre parcel was purchased by Helen Dotson and Leslie Dotson from the Eatons on March 23, 1962. The Agreement pertaining to this purchase was recorded on March 26, 1962, in Book 340 at Page 222, as Reception No. 216981 (“Eaton Agreement”). A copy of the Eaton Agreement is enclosed herein. Pursuant to the Eaton Agreement, Helen Dotson and Leslie Dotson paid yearly installments to the Eatons for the purchase of the 880-acre parcel. Once the final payment was made pursuant to the Eaton Agreement, a Warranty Deed was recorded on April 15, 1974, in Book 458 at Page 94, as Reception No. 262581 (“880 Acre Warranty Deed”). A copy of the 880 Acre Warranty Deed is enclosed herein. Meanwhile, on October 8, 1971, Helen A. Doton and Leslie Dotson Jr. entered into an Page 2 Installment Contract of Purchase and Sale with William M. Haynes and William S. Harris (“Installment Contract”) The Installment Contract was recorded November 3, 1971, at Reception No. 251576. Per the Installment Contract, of the 880 Acres that Helen Dotson and Leslie Dotson had purchased from the Eatons, Helen Dotson and Leslie Dotson held 12.96 acres in reserve and sold the remaining 867.04 acres to William M. Haynes and William S. Harris. In the Installment Contract, the 12.96 acres held in reserve is described as Parcel No. 1. The remaining 867.04 acres are described as Parcel Nos. 2-5. The Installment Contract was paired with a Statement of Settlement dated October 8, 1971, and a Survey prepared by Scarrow and Walker, Inc. dated October 7, 1971. Copies of the Statement of Settlement and Survey are enclosed herein. Later, after Helen Dotson and Leslie Dotson received the final payments from William M. Hayes and Williams S. Harries pursuant to the Installment Contract, a Warranty Deed was recorded in the Garfield County Clerk and Recorder on April 15, 1974, at Reception No. 262583 (“Haynes/Harris Warranty Deed”). The reservation of the 12.96 acres held by Helen Doton and Leslie Dotson described the Installment Contract, referenced in the Statement of Settlement, and depicted in the Survey are not subject to the Colorado’s Senate Bill 35 as the conveyance occurred in October 8, 1971 which was before the bill was passed. As such, Kirk Dotson and Patricia Dotson are requesting that Garfield County move forward with the Application for the subdivision of the Property. You may contact me to discuss further. Very truly yours, KARP NEU HANLON, P.C. Jenya C. Berino Enclosures: Eaton Deed; Eaton Agreement; 880 Acre Warranty Deed; Installment Contract; Statement of Settlement; Survey; Haynes/Harris Warranty Deed. American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land 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 2021 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. Page 1 of 8 ALTA COMMITMENT FOR TITLE INSURANCE issued by COMMONWEALTH LAND 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, Commonwealth Land Title Insurance Company, a(n) Florida 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 Amount of Insurance and the name of the Proposed Insured. If all of the Schedule B, Part I – Requirements have not been met within 180 days after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1.DEFINITIONS a. “Discriminatory Covenant”: Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class. b. “Knowledge” or “Known”: Actual knowledge or actual notice, but not constructive notice imparted by the Public Records. c. “Land”: The land described in Item 5 of Schedule A and improvements located on that land that by State law constitute real property. The term “Land” does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. d. “Mortgage”: A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by electronic means authorized by law. e. “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. f. “Proposed Amount of Insurance”: Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each Policy to be issued pursuant to this Commitment. g. “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. h. “Public Records”: The recording or filing system established under State statutes in effect at the Commitment Date under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term “Public Records” does not include any other recording or filing American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land 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 2021 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. Page 2 of 8 system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or national security matters. i. “State”: The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term “State” also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam. j. “Title”: The estate or interest in the Land identified in Item 3 of Schedule A. 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, this 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: a. the Notice; b. the Commitment to Issue Policy; c. the Commitment Conditions; d. Schedule A; e. Schedule B, Part I – Requirements; f. Schedule B, Part II – Exceptions; and g. a counter-signature by the Company or its issuing agent that may be in electronic form. 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 is not liable for any other amendment to this Commitment. 5.LIMITATIONS OF LIABILITY a. 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: 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. b. The Company is not 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. c. The Company is only liable 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. d. The Company’s liability does not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Condition 5.a. or the Proposed Amount of Insurance. e. The Company is not liable for the content of the Transaction Identification Data, if any. f. The Company is not 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. g. The Company’s liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured. 6.LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. b. Any claim must be based in contract under the State law of the State where the Land is located and is restricted to the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured against the Company must be filed only in a State or federal court having jurisdiction. c. 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. d. 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. American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land 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 2021 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. Page 3 of 8 e. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. f. 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. 7.IF THIS COMMITMENT IS 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 closing, settlement, escrow, or any other purpose. 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.CLAIMS PROCEDURES This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6. 10.CLASS ACTION ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION. 11.ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is $2,000,000 or less may be arbitrated at the election 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. COMMONWEALTH LAND TITLE INSURANCE COMPANY P.O. Box 45023, Jacksonville, FL 32232-5023 By: Michael J, Nolan, President By: Marjorie Nemzura, Secretary American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land 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 2021 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. Page 4 of 8 Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment Condition 5.e.: Issuing Agent: Commonwealth Title Company of Garfield County, Inc. Issuing Office: 127 East 5th Street Rifle, CO 81650 Issuing Office’s ALTA® Registry ID: 1038730 Loan ID Number: Commitment Number: 2023-11-23 Issuing Office File Number: 2023-11-23 Property Address: 5473 County Road 320, Rifle, CO 81650 Revision Number: SCHEDULE A 1.Commitment Date: November 21, 2023 8:00 AM 2.Policy to be issued: (a) 2021 ALTA Owner's Policy Proposed Insured: Proposed Amount of Insurance:$0 (b) 2021 ALTA Loan Policy Proposed Insured: Proposed Amount of Insurance:$0 3.The estate or interest in the Land at the Commitment Date is: fee simple 4.The Title is, at the Commitment Date, vested in: Kirk R. Dotson and Patricia K. Dotson 5.The land is described as follows: The land is described as set forth in Exhibit A attached hereto and made a part hereof. COMMONWEALTH TITLE COMPANY OF GARFIELD COUNTY, INC. 127 East 5th Street, Rifle, CO 81650 Telephone: (970) 625-3300 Countersigned by: Patrick P. Burwell Commonwealth Title Company of Garfield County, Inc., License #292895 COMMONWEALTH LAND TITLE INSURANCE COMPANY P.O. Box 45023, Jacksonville, FL 32232-5023 By: Michael J, Nolan, President By: Marjorie Nemzura, Secretary American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land 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 2021 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. Page 5 of 8 SCHEDULE B, PART I – Requirements All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company as set forth below: Informational Commitment: $400.00 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5. This is an informational only commitment and no policy will be issued hereunder. 6. Receipt of satisfactory Improvement Survey Plat certified to the Company (i) prepared from an on-the-ground inspection by a registered land surveyor licensed in the State of Colorado; (ii) currently dated, showing the location of the Property and all improvements, fences, easements, roads, rights-of-way and encroachments or other matters identified in Schedule B - Section 2 of this Commitment, to the extent such matters are capable of being shown, (iii) containing a legal description of the boundaries of the Property by metes and bounds or other appropriate legal description; and (iv) meeting the criteria of Colorado Revised Statute 38-51-102(9), as amended, for an Improvement Survey Plat. American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land 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 2021 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. Page 6 of 8 SCHEDULE B, PART II – Exceptions Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document will be excepted from coverage. The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage of area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attached, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I—Requirements are met. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded on February 5, 1892 as Instrument #13505 in the official records 10. Easement and right of way for any existing irrigation ditches, laterals, canals or pipelines. 11. Right of way for County Road No. 320. 12. Reservation of mineral rights more fully described in Deed recorded as Instrument #262583 in the official records and any and all interests therein or assignments thereof. 13. Terms, conditions and all matters set forth in Agreement recorded on April 7, 1998 as Instrument #523134 in the official records 14. Easement and right of way as described in document recorded on April 7, 1998 as Instrument #523135 in the official records American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land 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 2021 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. Page 7 of 8 15. Conveyance of mineral rights more fully described in Deed recorded on June 17, 2013 as Instrument #836847 in the official records and any and all interests therein or assignments thereof. 16. Terms, conditions and all matters set forth in Agreement evidenced by Memorandum recorded on December 14, 2020 as Instrument #946965 in the official records 17. Any question, dispute or adverse claims as to any loss or gain as a result of any change in the river bed location by other than natural causes, or alteration through accretion, reliction, erosion or avulsion of the center thread, bank, channel or flow of waters in Porcupine Creek lying within subject land; and any questions as to the location of such center thread, bed, bank or channel as a legal description monument or marker for purposes of describing or locating subject lands. 18. Deed of Trust from Kirk R. Dotson and Patricia K. Dotson to the Public Trustee of Garfield County for the use of Alpine Bank, showing an original amount of $512,766.31 recorded as Instrument #955055 in the official records American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land 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 2021 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. Page 8 of 8 EXHIBIT “A” The Land referred to herein below is situated in the County of Garfield, State of Colorado, and is described as follows: A parcel of land situated in the NW1/4SW1/4 of Section 26 and in the NE1/4SE1/4 of Section 27, all in Township 6 South, Range 94 West of the Sixth Principal Meridian, lying Southerly of the East-west center line of said Sections 26 and 27, Northwesterly of the Northwesterly right-of -way line of a county road as constructed and in place, said parcel is described as follows: Beginning at a point on the Northwesterly right-of-way line of said road, whence the West Quarter Comer of Section 35 in said Township and Range bears: South 00°08'13" West 4662.19 feet; thence North 60°22'41" West 307.43 feet; thence North 75°26‘44" West 145.26 feet; thence North 60°28'55" West 82.51 feet; thence South 84°22'10" West 214.04 feet along a fence as constructed and in place; thence North 39°43'12" West 100.30 feet along said fence; thence North 49°29'51" West 118.09 feet along said fence; thence North 45°05'42" West 97.50 feet along said fence; thence North 36°36'59" West 64.17 feet along said fence; thence North 12°00'57" West 73.47 feet along said fence; thence North 39°59'42" West 93.91 feet; thence North 83°22'34" East 209.77 feet to a point on said East-west center line of Sections 26 and 27; thence North 89°43'30" East 1216.23 feet along said center line; thence South 53°56'10" East 21.35 feet to a point on the Northwesterly right—of-way line of said road: thence South 34°20'45" West 233.79 feet along said right-of- way; thence South 31°47'53" West 256.32 feet along said right-of-way; thence South 31°59'46" West 274.35 feet along said right-of-way, to a Point of Beginning. County of Garfield DISCLOSURES Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph F provides: "Whenever a title entity provides the closing and settlement service that is in conjunction with the issuance of an owner's policy of title insurance, it shall update the title commitment from the date of issuance to be as reasonably close to the time of closing as permitted by the real estate records. Such update shall include all impairments of record at the time of closing or as close thereto as permitted by the real estate records. The title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title commitment, for all undisclosed matters that appear of record prior to the time of closing." Provided Commonwealth Title Insurance Company of Garfield County, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. This Notice is required by Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph G. Pursuant to Colorado Division of Insurance Regulation 8-1-2, notice is hereby given that affirmative mechanic's lien protection for the prospective insured owner may be available upon compliance with the following conditions: A. The land described in Schedule A of this Commitment must be a single family residence, which includes a condominium or townhouse unit. B. No labor or materials may have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive appropriate affidavits indemnifying the Company against all unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A through C above is subject to such additional requirements or information as the Company may deem necessary; or, at its option, the Company may refuse to delete the exception. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph M. Pursuant to Colorado Division of Insurance Regulation 8-1-3, notice is hereby given of the availability of a Closing Protection Letter which may, upon request, be provided to certain parties to the transaction. Pursuant to C.R.S. §10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district; B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent; C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor; and D) The company will not issue its policy of policies of title insurance contemplated by the commitment until it has been provided a Certificate of Taxes due from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right, and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform. Pursuant to C.R.S. §10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. If the transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. §39-22-604.5 (Nonresident withholding). Pursuant to C.R.S. §38-35-125(2), no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph J. "Good Funds Law" C.R.S. §39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee and Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the same as the property address) be included on the face of the deed to be recorded. Glenwood Springs Branch 1322 Grand Avenue Glenwood Springs, Colorado 81601 Telephone: (970) 945-4444 Facsimile: (970) 945-4449 January 4, 2024 Re: Mineral Owners; Parcel # 217527400038 (5473 County Road 320, Rifle, Colorado 81650 ; CTCGC File No. 2023-11-23 Hello Pat. As requested, we examined title to the mineral estate as reflected in recorded documents in the Garfield County Clerk and Recorder’s Office for the following parcel: A parcel of land situated in the NW1/4SW1/4 of Section 26 and in the NE1/4SE1/4 of Section 27, all in Township 6 South, Range 94 West of the Sixth Principal Meridian, lying Southerly of the East-west center line of said Sections 26 and 27, Northwesterly of the Northwesterly right-of -way line of a county road as constructed and in place, said parcel is described as follows: Beginning at a point on the Northwesterly right-of-way line of said road, whence the West Quarter Comer of Section 35 in said Township and Range bears: South 00°08'13" West 4662.19 feet; thence North 60°22'41" West 307.43 feet; thence North 75°26‘44" West 145.26 feet; thence North 60°28'55" West 82.51 feet; thence South 84°22'10" West 214.04 feet along a fence as constructed and in place; thence North 39°43'12" West 100.30 feet along said fence; thence North 49°29'51" West 118.09 feet along said fence; thence North 45°05'42" West 97.50 feet along said fence; thence North 36°36'59" West 64.17 feet along said fence; thence North 12°00'57" West 73.47 feet along said fence; thence North 39°59'42" West 93.91 feet; thence North 83°22'34" East 209.77 feet to a point on said East- west center line of Sections 26 and 27; thence North 89°43'30" East 1216.23 feet along said center line; thence South 53°56'10" East 21.35 feet to a point on the Northwesterly right—of-way line of said road: thence South 34°20'45" West 233.79 feet along said right-of-way; thence South 31°47'53" West 256.32 feet along said right-of-way; thence South 31°59'46" West 274.35 feet along said right- of-way, to a Point of Beginning. County of Garfield As appears from the recorded documents in the Garfield County Clerk and Recorder’s Office we examined for the above described parcel, and subject to reservations, exceptions and conditions contained in the United States Patent, easements, rights of way, liens, encumbrances, rights of parties in possession, liens, if any, of mechanics and materialmen, zoning and subdivision regulations, and any state of facts which an accurate survey would disclose, title to the minerals is vested in the following: Mineral Estate Owner Address shown on an applicable or most recent recorded instrument (NOTE: Commonwealth Title Company makes no guarantee or representations regarding address and addresses should be independently verified) Kirk R. Dotson and Patricia K. Dotson 5473 County Road 320, Rifle, Colorado 81650 Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, Colorado 81650 Telephone: (970) 625-3300 Facsimile: (970) 625-3305 ￿ Page 2 January 14, 2024 Kirk Russell Dotson 5473 County Road 320, Rifle, Colorado 81650 Katherine Ann Leech 2087 Link Lane, Grand Junction, Colorado Buffalo Basin LTD P. O. Box 1926, Rifle, Colorado 81650 Although we deem this information to be reliable, is not to be construed as an abstract of title, nor an opinion of title, nor a guaranty of title, and the Companies’ liability is limited to the amount paid for the mineral examination. The effective date of this mineral title analysis is January 4, 2024. If you have any questions regarding this analysis, please contact me. Sincerely, Patrick P. Burwell Patrick P. Burwell 4/20/24, 8:20 AM Garfield County Land Explorer about:blank 1/1 Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 217526200195 5810 320 COUNTY RD SILT GERMANO, DUSTIN N R007556 5810 COUNTY ROAD 320 RIFLE, CO 81650 217526400177 6094 320 COUNTY RD RIFLE SUNLIGHT VALLEY HOLDINGS LLC R247260 251 LITTLE FALLS DRIVE WILMINGTON, DE 19808 217527100051 5641 320 COUNTY RD RIFLE THORSHOV, TAYLOR D R024371 PO BOX 846 RIFLE, CO 81650 217527400038 5473 320 COUNTY RD RIFLE DOTSON, KIRK R & PATRICIA K R024079 5473 COUNTY ROAD 320 RIFLE, CO 81650 217527400039 5403 320 COUNTY RD RIFLE SNYDER, SHANE & MICHELLE R024119 5403 COUNTY ROAD 320 RIFLE, CO 81650 Garfield County Land Use and Development Code Article 5-204.C. Review Criteria 1. We believe that we meet all applicable requirements of this Code. 2. This Correction Exemption does not conflict with the applicable sections of the Comprehensive Plan. 3. This Correction Exemption does not change the existing character of the development. 4. This Correction Exemption does not alter the basic relationship of the development to adjacent property. 5. In our Narrative Overview we have addressed that extraordinary and exceptional special circumstances or conditions exist. 6. The special circumstances and conditions have not directly resulted from any act of the Applicant. 7. The strict application of the regulation would result in practical difficulties and undue hardship for the owners of the property. 8. The BCE is necessary to relieve the owner of peculiar and exceptional, practical difficulties or exceptional and undue hardship for the owners. 9. Granting the BCE will not cause substantial detriment to the public good. 10. Granting the BCE will not substantially impair the intent and purpose of this code. 11. The BCE has sufficient legal and physical source of water pursuant to Section 7-104. 12. The BCE has legal and adequate access pursuant to Section 7-107 or a waiver to said section. 13. The BCE does not create hazards identified in Section 7-108 and Section 7-205. 14. The BCE has an adequate water distribution system and wastewater disposal system pursuant to Section 7-105. 15. Board of County Commissioner’s approval may include conditions of approval or plat notes to address any limitations associated with Article 7 Standards. 16. The Final Exemption Plat meets the requirements per Section 5-402.F. 17. Not applicable. Down Valley Septic & Drain, Inc. PO Box 1967 Rifle, CO 81650 (970)930-0124 ISDS INSPECTION CUSTOMER NAME: KIRK & PATRICIA DOTSON DATE: NOVEMBER 13, 2023 ADDRESS: 5473 COUNTY ROAD 320, RIFLE CO CLEANOUTS: NONE TYPE OF TANK: 3000 CONCRETE TANK LOCATON OF TANK: WEST SIDE NEXT TO HOUSE CONDITION OF TANK: EXCELLENT # OF LIDS: 1 DEPTH OF LIDS: SURFACE CONDITION OF LIDS: GOOD RISERS: NONE INLET T: YES OUTLET T: YES OUTLET FILTER: NONE BAFFLES: NONE LEACHFIELD LOCATION: NORTH OF TANK LEACHFIELD TYPE: INFILTRATORS LEACHFIELD VENTS: NONE LEACHFIELD LOAD TEST: GOOD LEACHFIELD WORKING: NORMAL RECOMMENDATIONS: PUMP TANK EVERY 2 YEARS SCOTT MOYER/OWNER ***PLEASE BE AWARE: Down Valley Septic & Drain accepts no responsibility for the proper operation of this septic system. The system is the property of the homeowner who is responsible for the maintenance and operation of this system. This inspection does not constitute a guarantee nor is any warranty expressed or implied that the system will function properly in the future. Down Valley Septic can only make observation based on the condition of the septic system at the time of the inspection and will make no prediction on the future functionality of any part of the septic system.