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HomeMy WebLinkAbout1.00 General Application Materials Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION Minor Subdivision Preliminary Plan Amendment Major Subdivision Final Plat Amendment Sketch Preliminary Final Common Interest Community Subdivision Conservation Subdivision Public/County Road Split Exemption Yield Sketch Preliminary Final Rural Land Development Exemption Time Extension Basic Correction Exemption INVOLVED PARTIES Owner/Applicant Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ Representative (Authorization Required) Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ PROJECT NAME AND LOCATION Project Name: _____________________________________________________________________________________ Assessor’s Parcel Number: ___ ___ ___ ___ - ___ ___ ___ - ___ ___ - ___ ___ ___ Physical/Street Address: ________________________________________________________________ Legal Description: ______________________________________________________________________ _____________________________________________________________________________________ Zone District: ___________________________________ Property Size (acres): __________________ Project Description Existing Use: __________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Proposed Use (From Use Table 3-403): _____________________________________________________ Description of Project: __________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Proposed Development Area Land Use Type # of Lots # of Units Acreage Parking Single Family Duplex Multi-Family Commercial Industrial Open Space Other Total REQUEST FOR WAIVERS Submission Requirements  The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: ______________________________ Section: _________________________________ Section: ______________________________ Section: _________________________________ Waiver of Standards  The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: ______________________________ Section: _________________________________ Section: ______________________________ Section: _________________________________ I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. ______________________________________________________ __________________________ Signature of Property Owner or Authorized Representative, Title Date OFFICIAL USE ONLY File Number: __ __ __ __ - __ __ __ __ Fee Paid: $_____________________________ Garfield County PAYMENT AGREEMENT FORM GARFI ELD COU NTY ("COUNTY") a nd Property Owner ("APPLICANT") and Theresa A. Waoenman Benjamin G. Wagenman agree as follows L ication for the following Project: at 2. The Applicant understands and agrees that Garfield County Resolution No. 201"4-60, 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 time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established 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 Board of County Commissioners 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 prlor 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 Perso n. Benjamin Wagenman Phone 970 309-6686 Billing Contact Address: 1226 County Road 238 state: CO Zip code 81652 The Aoolicant has submitted to the Countv Wagbhman / Swartwout Amended F an appl inal Pl City sitt Billing contact E*.;;. oleoconstruction@gmail.com Printed Name of Person Authorized to Sign Benjamin Wagenman (Signature) 03t02t2024 (Date) 1 Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE-APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 218106200283; 218106100272 DATE: 10/05/2023 PROJECT: Wagenman Swartwout Amended Final Plat OWNERS: Benjamin and Theresa Wagenman; Shane Swartwout CONTACT/REPRESENTATIVE: Benjamin Wagenman PRACTICAL LOCATION: County Road 238 (Slaughter Gulch Road) Approximately 3.3 miles west of New Castle and 2.5 miles east of Silt. TYPE OF APPLICATION: Administrative Review Amended Final Plat ZONING: Rural COMPREHENSIVE PLAN: RESIDENTIAL MEDIUM HIGH, AREA OF INFLUENCE SILT I. GENERAL PROJECT DESCRIPTION During a review for a Secondary Dwelling Unit on Parcel 218106200283, it came to staff’s attention that the properties boundaries were incorrectly modified by a boundary line adjustment (Affidavit at Reception No 662890) after both properties were created by separate subdivision exemptions. Parcel 218106200283 is part of the Maves Subdivision Exemption and Parcel 218106100272 is part of the Whittington Subdivision Exemption. Both properties need to be compliant with the minimum lot size (2 acres) following the amended final plat. The application will need to include authorization from all property owners of both parcels. This can be everyone signing the application form or providing letters of authorization for a single representative to sign the application. The draft final plat will need to include all survey information for both lots, and title commitments will need to be included for both lots as well. Notice will be mailed (when directed by staff) to all property owners within 200 feet of both parcels and the mineral rights owners of each property. That information will need to be included in the application. 2 II. COMPREHENSIVE PLAN The area is considered Residential Medium High and within the area of influence of the Town of Silt. III. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The following Sections of the Garfield Land Use and Development Code as amended apply to the Application:  Section 5-305 – Amended Final Plat Review and Review Criteria  Table 5-103 Common Review Procedures and Required Notice  Table 5-401 Submittal Requirements  Section 5-402 Description of Submittal Requirements including requirements for a Final Plat  Section 4-103 Administrative Review and Section 4-101 Common Review Procedures  Article 7, Divisions 1, 2, 3, and 4 as applicable IV. SUBMITTAL REQUIREMENTS Three physical copies of the application and one digital copy of the application are required at the time of submittal. As a convenience outlined below is a list of information typically required for this type of application. Table 5-401 Application Submittal Requirements outlines the specific application submittal criteria. The following list can function as a checklist for your submittal. General Application Materials including o The Application Form (signed) o Payment of Fees and signed Payment Agreement Form (see attached) o A narrative describing the request and related information o Proof of ownership (Deed) o Title Commitment o A recorded Statement of Authority is required for any property owned by an LLC or other entity o A Letter of Authorization if an owner intends to have a representative complete the Application and processing o Names and mailing addresses of property owners within 200 ft. of the subject property from Assessor’s Office Records o Mineral rights ownership for the subject property including mailing address and/or statement on mineral rights research (see attached) o A copy of the Preapplication Summary o Vicinity Map The Proposed Amended Final Plat according to 5-402.F. Final Plat All required certificates (signature blocks) shall be included on the plat 3 If there are improvements on the property, improvement location information/survey information shall be provided to confirm that no non-conforming conditions will result from the amended plat An Improvements Agreement or waiver should be included with the request A copy of covenants on the property or reference to recording information for the covenants The Application should include a statement that the amendment will not result in any changes to drainage, access, utility services, and any other applicable Subdivision and Article 7 topics Community Development Staff is available to meet with the Applicant to provide additional information and clarification on any of the submittal requirements and waiver requests. 4 V. REVIEW PROCESS Call-Up for review by the Board in accordance with the procedures and review process contained in Section 4-112. Staff will review the application for completeness. The application will be forwarded to referral agencies for additional technical comments. Staff will create a report based on the application and referral comments for the Director. Public Hearing(s): X No Public Hearing, Directors Decision (with notice per code) Planning Commission 5 Board of County Commissioners Board of Adjustment Referral Agencies: May include but is not limited to: Garfield County Surveyor, Garfield County Attorney, Garfield County Assessor’s Office. VI. APPLICATION REVIEW FEES Planning Review Fees: $100 Referral Agency Fees: $na Total Deposit: $100(additional hours are billed at hourly rate of $40.50) VII. GENERAL APPLICATION PROCESSING The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six-month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal. Pre-application Summary Prepared by: 2/1/2024 Philip Berry, Planner III Date 6 7 8 218106200283 (Wagenman) - 5.543 acres Section: 6 Township: 6 Range: 91 A TR IN SEC 6 CONT 6.35 AC AKA LOT 2, MAVES SUBDIVISION EXEMPTION. EXCEPT A TR OF LAND CONT .807 AC +/- AS DESC IN BNDY LINE ADJ BK 1636/937 AND QCD BK 1636/940 5.543 ACRES 218106100272 (Swartwout) - 2.819 acres Section: 6 Township: 6 Range: 91 A TR. OF LAND IN LOT 3 & SENW. AKA LOT 1, WHITTINGTON SUB-DIV EXEMPTION. ALSO A TR OF LAND CONT .807 AC +/- AS DESC IN BNDY LINE ADJ BK 1636/937 AND BK 1636/940 2.819 Parcel Physical Address Owner Account Num Mailing Address 218106100175 4815 214 COUNTY RD SILT HUNT, EDGAR L & SOCORRO R015164 4815 COUNTY ROAD 214 SILT, CO 81652-9513 218106100183 Not available NEW CASTLE MURR FAMILY TRUST R015168 37659 HIGHWAY 6 NEW CASTLE, CO 81647 218106100272 4789 214 COUNTY RD SILT SWARTWOUT, SHANE TIMOTHY R006628 4789 COUNTY ROAD 217 SILT, CO 81652-9513 218106200045 4773 214 COUNTY RD SILT GHAN, MICHAEL S & DEBORAH T R015032 4773 COUNTY ROAD 214 SILT, CO 81652 218106200176 4833 214 COUNTY RD SILT HUNT, EDGAR L & SOCORRO R015165 4815 COUNTY ROAD 214 SILT, CO 81652-9513 218106200273 4791 214 COUNTY RD SILT WHITTINGTON, THE VALTON DELBERT FAMILY TRUST DATED JUNE 25, 2001 R006629 PO BOX 161 RIFLE, CO 81650-0161 218106200282 Not available NEW CASTLE GILL, ROBERT BRUCE R040999 6630 COUNTY ROAD 346 SILT, CO 81652 218106200283 Not available NEW CASTLE WAGENMAN, THERESA & BENJAMIN R041000 1226 COUNTY ROAD 238 SILT, CO 81652 218106300135 345 262 COUNTY RD NEW CASTLE RED BARN RANCH 2 LLC R015007 1019 COLORADO AVENUE GLENWOOD SPRINGS, CO 81601 Mineral Interest Research Methodology Followed instructions provided by Garfield County Attorney’s Office. Checked with the Garfield County Attorney Assessor’s office to determine if mineral interests had been reserved with properties. Checked with the Garfield County Clerk’s Recording Office to determine mineral interest ownership. Checked with the Garfield County Clerk's Recording Office to determine if any mineral interests had been transferred. Narrative Describing Request for Amended Final Plant Approximately 20 years ago, previous owners of parcels 218106200283 and 218106100272 agreed to change the boundary line between both properties. Further review indicates that the properties are in fact in different subdivisions with different plats. The request submitted to you is to amend the final plat for Maves and Whittington subdivisions to reflect the boundary line as it exists today. 111 E. 3rd Street Floor 1, Suite 101 Rifle, CO 81650 Phone: 970-625-5426 Fax: 844-269-2759 COMMITMENT TRANSMITTAL Commitment Ordered By: Owner Inquiries should be directed to: Kari Arneson Title Company of the Rockies 111 E. 3rd Street Floor 1, Suite 101 Rifle, CO 81650 Phone: 970-625-5426 Fax: 844-269-2759 email: KArneson@titlecorockies.com Commitment Number:1206392-C Buyer's Name(s):Purchaser with contractual rights under a purchaser agreement with the vested owner identified at item 4 below Seller's Name(s):Shane Timothy Swartwout Property:4789 County Road 214, Silt, CO 81652 Section 6 Township 6 Range 91 , County of Garfield, State of Colorado. COPIES / MAILING LIST Purchaser with contractual rights under a purchaser agreement with the vested owner identified at item 4 below Shane Timothy Swartwout 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. Title Company of the Rockies maintains branch operations in Eagle, Garfield, Grand, Lake, Moffat (dba Northwest Title Company), Pitkin, Routt, and Summit Counties along with Front Range coverage. Closing services are available for all Mountain Communities, throughout the State of Colorado, and on a nationwide basis. Experience the Experience, www.titlecorockies.com Page 1 of 1 February 1, 2024 11:40 AM 111 E. 3rd Street Floor 1, Suite 101 Rifle, CO 81650 Phone: 970-625-5426 Fax: 844-269-2759 www.titlecorockies.com Commitment Ordered By: Owner Inquiries should be directed to: Kari Arneson Title Company of the Rockies 111 E. 3rd Street Floor 1, Suite 101 Rifle, CO 81650 Phone: 970-625-5426 Fax: 844-269-2759 email: KArneson@titlecorockies.com Commitment Number:1206392-C Buyer's Name(s):Purchaser with contractual rights under a purchaser agreement with the vested owner identified at item 4 below Seller's Name(s):Shane Timothy Swartwout Property:4789 County Road 214, Silt, CO 81652 Section 6 Township 6 Range 91 , County of Garfield, State of Colorado. TITLE CHARGES These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges related thereto. If applicable, the designation of “Buyer” and “Seller” shown below may be based on traditional settlement practices in Garfield County, Colorado, and/or certain terms of any contract, or other information provided with the Application for Title Insurance. Owner’s Policy Premium: Loan Policy Premium: Additional Lender Charge(s): Additional Other Charge(s): Tax Certificate: Total Endorsement Charge(s): TBD Charge(s): TOTAL CHARGES: $0.00 $0.00 $300.00 $300.00 Title Company of the Rockies maintains branch operations in Eagle, Garfield, Grand, Lake, Moffat (dba Northwest Title Company), Pitkin, Routt, and Summit Counties along with Front Range coverage. Closing services are available for all Mountain Communities, throughout the State of Colorado, and on a nationwide basis. Experience the Experience, www.titlecorockies.com American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) COMMITMENT FOR TITLE INSURANCE Issued by as agent for Stewart Title Guaranty Company SCHEDULE A Reference:Commitment Number: 1206392-C 1.Effective Date: January 23, 2024, 7:00 am Issue Date: February 01, 2024 2.Policy (or Policies) to be issued: ALTA® 2021 Owner's Policy Policy Amount:Amount to be Determined Premium:Amount to be Determined Proposed Insured:Purchaser with contractual rights under a purchaser agreement with the vested owner identified at item 4 below 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: Shane Timothy Swartwout 5.The Land is described as follows: FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE For Informational Purposes Only - APN: R006628 / 2181-061-00-272 Countersigned Title Company of the Rockies, LLC By: Mike Mulligan American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 1206392-C SCHEDULE A (continued) LEGAL DESCRIPTION The Land referred to herein is located in the County of Garfield, State of Colorado, and described as follows: A tract of land situated In Lot 3 and the SE1/4NW1/4 of Section 6, Township 6 South, Range 91 West of the 6th P.M. being portions of those tracts of land described in Book 393 at Page 510 and Book 1067 at Page 654 in the Office of the Garfield County Clerk and Recorder said tract being more particularly described as follows: Beginning at a point whence the South 1/4 Corner of Section 34, Township S South, Range 91 West of the 6th P.M. bears North 62 °14'05" East 2051.27 feet; thence Smith 01 °36'07" East 49.16 feet; thence North 89°25'52" East 39.83 feet to the North-South centerline of said Section 6; thence along said centerline South 00 °34'08" East 298.99 feet to a point on the Northerly boundary line of that tract of land described in Book 529 at Page 315; thence along said boundary line South 68 °15'01" West 4.49 feet; thence South 64°02'43" West 40.94 fed; thence South 04 °07'04" East 128.73 feet; thence South 55°16'38" West 68.74 feet; thence South 71 °24'16" West 43.25 feet; thence South 29 °47'09" West 12.87 feet; thence South 27 °29'24" West 39.24 feet; thence South 31 °46'40" West 83.49 feet; thence South 14°41'46" West 123.77 feet; thence South 27 °03'30" West 118.80 feet; thence South 03 °05'59" East 168.55; thence South 13 °05'30" East 259.27 feet to a point on the Northerly right of way of County Road No. 214; thence along said right of way and along the arc of a curve to the left having a length of 91.86 feet, a radius of 208.00 feet and a central angle of 25 °18'15", the chord of which hears North 55 °48'02" West 91.12 feet to a point on the Easterly right of way of County Road No. 238; thence along said right of way North 06°05.011" West 357.18 feet; thence North 25 °54'07" East 134.51 feet; thence North 25°05'47" East 39.48 feet; thence North 21 °42'08" East 123.38 feet; thence North 21 °48'32" East 133.04 feet; thence along the arc Ma curve to the left having a length of 86.70 feet, a radius of 324.40 feet and a central angle of 15 °18'45", the chord of which bears North 14 °09'08" East 86.44 feet; thence North 06°29'44" East 157.13 feet; thence North 02 °39'34" East 85.10 feet; thence North 10 °55'06" East 81.30 feet; thence North 00 °521118" East 95.34 feet; thence North 5 °25'56" West 36.96 feet; thence along the arc of a curve to the left having a length of 17.28 feet, a radius of 126.45 feet and a central angle of 7°49'53", the chord of which bears North 09 °20'52" West 17.27 feet; thence departing said right of way South 54°22'52" East 74.30 feet; to the POINT OF BEGINNING. Together with that parcel described in Quit Claim Deed recorded November 3, 2004 in Book 1636 at Page 940. This page is only a part of a 2021 ALTA ® Commitment for Title Insurance issued by Stewart Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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. American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 1206392-C COMMITMENT FOR TITLE INSURANCE Issued by Stewart Title Guaranty Company SCHEDULE B, PART I Requirements The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the effective date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the clerk and recorded of the county in which said property is located. 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. 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. Release by the Public Trustee of Garfield County of the Deed of Trust from Shane Timothy5. Swartwout for the use of CrossCountry Mortgage, LLC, to secure $534,000.00, dated June 17, 2022, and recorded June 17, 2022 at Reception No. 976106. Release by the Public Trustee of Garfield County of the Deed of Trust from Shane Timothy6. Swartwout for the use of Eagle River Water and Sanitation District, to secure $158,865.00, dated June 17, 2022, and recorded June 17, 2022 at Reception No. 976107. Deed from Shane Timothy Swartwout to Purchaser with contractual rights under a purchaser7. agreement with the vested owner identified at item 4 below. This page is only a part of a 2021 ALTA ® Commitment for Title Insurance issued by Stewart Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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. American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 1206392-C NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288-CRA 39-14-102. THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GARFIELD COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF INSURANCE. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Stewart Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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. American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 1206392-C 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: Any facts, right, interests, or claims which are not shown by the Public Records but which could1. be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. Easements or claims of easements, not shown by the Public Records.2. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the3. Title that would be disclosed by an accurate and complete land survey of the Land. 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. Right of the Proprietor of a vein or lode to extract and remove his ore therefrom, should the same7. be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded February 24, 1896 in Book 12 at Page 409. Right of way for ditches or canals constructed by the authority of the United States, as reserved in8. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Stewart Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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. American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 1206392-C United States Patent recorded February 24, 1896 in Book 12 at Page 409. Any and all water and water rights, reservoir and reservoir rights, ditches and ditch rights, and the9. enlargements and extensions thereof, and all laterals, flumes and headgates used in connection therewith. An undivided one-half (1/2) interest in oil, gas and other mineral rights, as reserved by John10. Chenoweth and Lottie Chenoweth in the Deed to , recorded April 22, 1968 in Book 393 at Page 510, and any and all assignments thereof or interests therein. Oil and Gas Lease between Valton D. Whittington and Toni L. Whittington and Snyder Oil11. Company, recorded April 15, 19814 in Book 569 at page 631 and any and all assignments or interests therein. Terms, agreements, provisions, conditions and obligations as contained in Boundary Line12. Adjustment recorded February 6, 1992 at Reception No. 431441. Terms, agreements, provisions, conditions and obligations as contained in Boundary Line13. Adjustment recorded May 13, 1998 at Reception No. 525032. Terms, agreements, provisions, conditions and obligations as contained in Resolution N o. 98-5114. recorded July 14, 1998 at Reception No. 528584. Easements, rights of way and all other matters as shown on the Plat of Whittington Subdivision15. Exemption, Final Plat, filed July 14, 1998 at Reception No. 528585. Terms, agreements, provisions, conditions and obligations as contained in Memorandum of16. Water Allotment Contract recorded October 4, 2001 at Reception No. 589605, thereafter Application for Assignment of Ownership recorded August 9, 2002 at Reception No. 608639. Terms, agreements, provisions, conditions and obligations as contained in Finding and Order17. recorded February 14, 2002 at Reception No. 597462. Terms, agreements, provisions, conditions and obligations as contained in Boundary Line18. Adjustment recorded November 3, 2004 at Reception No. 662890. Oil and Gas Lease between Toby J. Guccini and Debra J. Guccini and Antero Resources II19. Corporation, recorded June 23, 2005 at Reception No. 676769 and any and all assignments or interests therein. Terms, agreements, provisions, conditions and obligations as contained in Amended and Restated20. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Stewart Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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. American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 1206392-C Easement Agreement recorded July 9, 2021 at Reception No. 959577. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Stewart Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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. Commitment No: 1206392-C DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, 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.” (Gap Protection) Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: The Land described in Schedule A of this commitment must be a single-family residence, which1. includes a condominium or townhouse unit. No labor or materials may have been furnished by mechanics or materialmen for purpose of2. construction on the Land described in Schedule A of this Commitment within the past 13 months. The Company must receive an appropriate affidavit indemnifying the Company against unfiled3. mechanic's and materialmen's liens. Any deviation from conditions A though C above is subject to such additional requirements or4. Information as the Company may deem necessary, or, at its option, the Company may refuse to delete the exception. Payment of the premium for said coverage.5. Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.: The subject real property may be located in a special taxing district;(i) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County(ii) Treasurer or the County Treasurer's authorized agent; and Information regarding special districts and the boundaries of such districts may be obtained from(iii) the County Commissioners, the County Clerk and Recorder, or the County Assessor. Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident withholding). Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given: (a)If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate then 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. Note 6: Effective September 1, 1997, 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 inch the clerk and recorder may refuse to record or file any document that does not conform. Note 7: Our Privacy Policy: We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. Note 8: Records: Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and Page 8 Commitment No: 1206392-C records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not less than seven (7) years, except as otherwise permitted by law. Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that “A title entity shall not earn interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be made at any time up to and including closing.” Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such purpose(s). Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that “Until a title entity receives written instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with the following: The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them1. in a fiduciary capacity. The title entity shall use any funds designated as “earnest money ” for the consummation of the2. transaction as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise provided in this section. If the transaction does not close, the title entity shall: Release the earnest money funds as directed by written instructions signed by both the buyer(a) and seller; or If acceptable written instructions are not received, uncontested funds shall be held by the title(b) entity for 180 days from the scheduled date of closing, after which the title entity shall return said funds to the payor. In the event of any controversy regarding the funds held by the title entity (notwithstanding any3. termination of the contract), the title entity shall not be required to take any action unless and until such controversy is resolved. At its option and discretion, the title entity may: Await any proceeding; or(a) Interplead all parties and deposit such funds into a court of competent jurisdiction, and(b) recover court costs and reasonable attorney and legal fees; or Deliver written notice to the buyer and seller that unless the title entity receives a copy of a(c) summons and complaint or claim (between buyer and seller), containing the case number of the lawsuit or lawsuits, within 120 days of the title entity's written notice delivered to the parties, title entity shall return the funds to the depositing party.” Note 11: Pursuant to Colorado Division of Insurance Regulation 8-1-3,Section 5, Paragraph C (11)(f), a closing protection letter is available to the consumer. Page 9 Commitment No: 1206392-C Page 10 ALTA COMMITMENT FOR TITLE INSURANCE (07-01-2021) ISSUED BY STEWART TITLE GUARANTY 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, STEWART TITLE GUARANTY COMPANY, a Texas 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 six months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. Countersigned by: This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Stewart Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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. City, State Authorized Countersignature Title Company of the Rockies, LLC Company Name CO 81650 COMMITMENT CONDITIONS DEFINITIONS1. 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 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. If all of the Schedule B, Part I - Requirements have not been met within the time period specified in the Commitment2. to Issue Policy, this Commitment terminates and the Company ’s liability and obligation end. The Company’s liability and obligation is limited by and this Commitment is not valid without:3. the Notice;a. the Commitment to Issue Policy;b. the Commitment Conditions;c. Schedule A;d. Schedule B, Part I - Requirements;e. Schedule B, Part II - Exceptions; andf. a countersignature by the Company or its issuing agent that may be in electronic form.g. COMPANY’S RIGHT TO AMEND4. 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 This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Stewart Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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. liability of the Company is limited by Commitment Condition 5. The Company is not liable for any other amendment to this Commitment. LIMITATIONS OF LIABILITY5. The Company ’s liability under Commitment Condition 4 is limited to the Proposed Insured ’s actual expensea. 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: comply with the Schedule B, Part I - Requirements;i. eliminate, with the Company’s written consent, any Schedule B, Part II - Exceptions; orii. acquire the Title or create the Mortgage covered by this Commitment.iii. The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the amendmentb. or had Knowledge of the matter and did not notify the Company about it in writing. The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred thec. expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. The Company ’s liability does not exceed the lesser of the Proposed Insured ’s actual expense incurred in goodd. faith and described in Commitment Condition 5.a. or the Proposed Amount of Insurance. The Company is not liable for the content of the Transaction Identification Data, if any.e. 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. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND6. 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. 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. IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT7. 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. PRO-FORMA POLICY8. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Stewart Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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. 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. ARBITRATION11. 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 . STEWART TITLE GUARANTY COMPANY All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at: Stewart Title Guaranty Company, P.O. Box 2029, Houston, Texas 77252-2029. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Stewart Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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. Anti-Fraud Statement 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. This anti-fraud statement is affixed to and made a part of this policy. 111 E. 3rd Street Floor 1, Suite 101 Rifle, CO 81650 Phone: 970-625-5426 Fax: 844-269-2759 COMMITMENT TRANSMITTAL Commitment Ordered By: Owner Inquiries should be directed to: Kari Arneson Title Company of the Rockies 111 E. 3rd Street Floor 1, Suite 101 Rifle, CO 81650 Phone: 970-625-5426 Fax: 844-269-2759 email: KArneson@titlecorockies.com Commitment Number:1206391-C Buyer's Name(s):Purchaser with contractual rights under a purchaser agreement with the vested owner identified at item 4 below Seller's Name(s):Benjamin Wagenman and Theresa Wagenman Property:TBD, New Castle, CO 81647 Section 6 Township 6 Range 91 , County of Garfield, State of Colorado. COPIES / MAILING LIST Purchaser with contractual rights under a purchaser agreement with the vested owner identified at item 4 below Benjamin Wagenman and Theresa Wagenman 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. Title Company of the Rockies maintains branch operations in Eagle, Garfield, Grand, Lake, Moffat (dba Northwest Title Company), Pitkin, Routt, and Summit Counties along with Front Range coverage. Closing services are available for all Mountain Communities, throughout the State of Colorado, and on a nationwide basis. Experience the Experience, www.titlecorockies.com Page 1 of 1 February 1, 2024 9:42 AM 111 E. 3rd Street Floor 1, Suite 101 Rifle, CO 81650 Phone: 970-625-5426 Fax: 844-269-2759 www.titlecorockies.com Commitment Ordered By: Owner Inquiries should be directed to: Kari Arneson Title Company of the Rockies 111 E. 3rd Street Floor 1, Suite 101 Rifle, CO 81650 Phone: 970-625-5426 Fax: 844-269-2759 email: KArneson@titlecorockies.com Commitment Number:1206391-C Buyer's Name(s):Purchaser with contractual rights under a purchaser agreement with the vested owner identified at item 4 below Seller's Name(s):Benjamin Wagenman and Theresa Wagenman Property:TBD, New Castle, CO 81647 Section 6 Township 6 Range 91 , County of Garfield, State of Colorado. TITLE CHARGES These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges related thereto. If applicable, the designation of “Buyer” and “Seller” shown below may be based on traditional settlement practices in Garfield County, Colorado, and/or certain terms of any contract, or other information provided with the Application for Title Insurance. Owner’s Policy Premium: Loan Policy Premium: Additional Lender Charge(s): Additional Other Charge(s): Tax Certificate: Total Endorsement Charge(s): TBD Charge(s): TOTAL CHARGES: $0.00 $0.00 $300.00 $300.00 Title Company of the Rockies maintains branch operations in Eagle, Garfield, Grand, Lake, Moffat (dba Northwest Title Company), Pitkin, Routt, and Summit Counties along with Front Range coverage. Closing services are available for all Mountain Communities, throughout the State of Colorado, and on a nationwide basis. Experience the Experience, www.titlecorockies.com American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) COMMITMENT FOR TITLE INSURANCE Issued by as agent for Stewart Title Guaranty Company SCHEDULE A Reference:Commitment Number: 1206391-C 1.Effective Date: January 23, 2024, 7:00 am Issue Date: February 01, 2024 2.Policy (or Policies) to be issued: ALTA® 2021 Owner's Policy Policy Amount:Amount to be Determined Premium:Amount to be Determined Proposed Insured:Purchaser with contractual rights under a purchaser agreement with the vested owner identified at item 4 below 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: Benjamin Wagenman and Theresa Wagenman 5.The Land is described as follows: FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE For Informational Purposes Only - APN: R041000 / 2181-062-00-283 Countersigned Title Company of the Rockies, LLC By: Mike Mulligan American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 1206391-C SCHEDULE A (continued) LEGAL DESCRIPTION The Land referred to herein is located in the County of Garfield, State of Colorado, and described as follows: A TRACT OF LAND SITUATED IN SECTION 6, TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE 6TH P.M. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 6 WHENCE THE NORTH 1/4 CORNER OF SAID SECTION 6 BEARS S 88 DEGREES 48' 05" E 72.13 FEET; THENCE ALONG AN EXISTING FENCE LINE S 02 DEGREES 04' 27" E 78.29 FEET; THENCE S 08 DEGREES 15’ 34" W 91.54 FEET; THENCE S 41 DEGREES 57' 57" E 44.75 FEET; THENCE S 04 DEGREES 34' 15" E 82.90 FEET; THENCE S 01 DEGREES 16' 00" E 656.29 FEET TO A POINT ON THE NORTH BOUNDARY OF LOT 1 OF THE WHITTINGTON SUBDIVISION EXEMPTION AS SHOWN ON THE PLAT RECORDED IN THE OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER; THENCE ALONG SAID BOUNDARY N 54 DEGREES 22' 52" W 74.29 FEET TO THE EASTERLY RIGHT OF WAY OF COUNTY ROAD NO. 238; THENCE ALONG SAID RIGHT OF WAY AND ALONG A CURVE TO THE LEFT WITH AN ARC LENGTH OF 40.31 FEET, A RADIUS OF 126.45 FEET, A CENTRAL ANGLE OF 18 DEGREES 15' 59", A CHORD BEARING OF N 22 DEGREES 23’ 42" W, A CHORD LENGTH OF 40.14 FEET, THENCE N 31 DEGREES 31 ’ 41" W 347.85 FEET; THENCE N 28 DEGREES 57' 00" W 541.13 FEET; THENCE N 41 DEGREES 52' 00" W 137.53 FEET TO THE NORTH LINE OF SAID SECTION 6; THENCE ALONG SAID NORTH LINE S 88 DEGREES 48’ 05" E 570.70 FEET TO THE POINT OF BEGINNING, EXCLUDING THE FOLLOWING PORTION OF LAND: A TRACT OF LAND SITUATED IN SECTION 6, TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE 6TH P.M. SAID TRACT ALSO BEING A PORTION OF LOT 2 OF THE MAVES SUBDIVISION EXEMPTION AS RECORDED IN THE OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID LOT 2 WHENCE THE N1/4 CORNER OF SAID SECTION 6 BEARS N 03°22°15” E 645.00 FEET; THENCE ALONG SAID EAST LINE S 01 DEGREES 16'00" E 295.55 FEET; THENCE DEPARTING SAID EAST LINE AND ALONG THE BOUNDARY OF SAID LOT 2 N 54°22'52" W 74.29 FEET; THENCE ALONG A CURVE TO THE LEFT WITH AN ARC LENGTH OF 40.31 FEET, A RADIUS OF 126.45 FEET, A CENTRAL ANGLE OF 18°15'59", A CHORD BEARING OF N 22°23'42" W, A CHORD LENGTH OF 40.14 FEET, This page is only a part of a 2021 ALTA ® Commitment for Title Insurance issued by Stewart Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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. American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 1206391-C THENCE N 31°31'41" W 241.85 FEET; THENCE DEPARTING SAID LOT 2 BOUNDARY AND ALONG A CURVE TO THE RIGHT WITH AN ARC LENGTH OF 81.11 FEET, A RADIUS OF 94.53 FEET, A CENTRAL ANGLE OF 49°09'44" A CHORD BEARING OF N 70°57'05" E, A CHORD LENGTH OF 78.65 FEET, THENCE S 84 °28'03" F 48.71 FEET; THENCE S 80 °37'04" E 73.79 FEET TO THE POINT OF BEGINNING For each policy to be issued as identified in Schedule A, Item 2, the Company shall not be liable under this commitment until it receives a specific designation of a Proposed Insured, and has revised this commitment identifying that Proposed Insured by name. As provided in Commitment Condition 4, the Company may amend this commitment to add, among other things, additional exceptions or requirements after the designation of the Proposed Insured. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Stewart Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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. American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 1206391-C COMMITMENT FOR TITLE INSURANCE Issued by Stewart Title Guaranty Company SCHEDULE B, PART I Requirements The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the effective date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the clerk and recorded of the county in which said property is located. 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. 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. NOTE: Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. Deed from Benjamin Wagenman and Theresa Wagenman to Purchaser with contractual rights5. under a purchaser agreement with the vested owner identified at item 4 below. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288-CRA 39-14-102. This page is only a part of a 2021 ALTA ® Commitment for Title Insurance issued by Stewart Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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. American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 1206391-C THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GARFIELD COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF INSURANCE. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Stewart Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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. American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 1206391-C 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: Any facts, right, interests, or claims which are not shown by the Public Records but which could1. be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. Easements or claims of easements, not shown by the Public Records.2. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the3. Title that would be disclosed by an accurate and complete land survey of the Land. 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. Right of way for ditches or canals constructed by the authority of the United States, as reserved in7. United States Patent recorded March 7, 1914 in Book 92 at Page 269. All coal and other minerals, together with the right to prospect for, mine and remove the same, as8. reserved in United States Patent recorded March 7, 1914 in Book 92 at Page 269. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Stewart Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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. American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 1206391-C Any and all water and water rights, reservoir and reservoir rights, ditches and ditch rights, and the9. enlargements and extensions thereof, and all laterals, flumes and headgates used in connection therewith. Terms, agreements, provisions, conditions and obligations as contained in Easement Agreement10. recorded November 21, 2003 at Reception No. 641450. Terms, agreements, provisions, conditions and obligations as contained in Boundary Line11. Adjustment recorded November 21, 2003 at Reception No. 641452. Easements, rights of way and all other matters as shown on the Plat of Final Plat, Maves12. Subdivision Exemption, filed January 20, 2004 at Reception No. 645003. Terms, agreements, provisions, conditions and obligations as contained in Resolution No.13. 2004-12 recorded January 23, 2004 at Reception No. 645280. 14. Terms, agreements, provisions, conditions and obligations as contained in Memorandum of15. Water Allotment Contract recorded May 20, 2004 at Reception No. 652512, thereafter Application for Assignment of Ownership recorded June 28, 2021 at Reception No. 958912. Terms, agreements, provisions, conditions and obligations as contained in Boundary Line16. Adjustment recorded November 3, 2004 at Reception No. 662890. Oil and Gas Lease between Suzanne Titus and Dale R. Titus and Antero Resources Piceance17. Corporation, recorded November 17, 2010 at Reception No. 794578 and any and all assignments or interests therein. Easement and right of way for utility lines and fixtures purposes, as granted to Public Service18. Company of Colorado, by instrument recorded June 8, 2021 at Reception No. 957704, said easement being more particularly described therein. Terms, agreements, provisions, conditions and obligations as contained in Amended and Restated19. Easement Agreement recorded July 9, 2021 at Reception No. 959577. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Stewart Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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. Commitment No: 1206391-C DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, 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.” (Gap Protection) Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: The Land described in Schedule A of this commitment must be a single-family residence, which1. includes a condominium or townhouse unit. No labor or materials may have been furnished by mechanics or materialmen for purpose of2. construction on the Land described in Schedule A of this Commitment within the past 13 months. The Company must receive an appropriate affidavit indemnifying the Company against unfiled3. mechanic's and materialmen's liens. Any deviation from conditions A though C above is subject to such additional requirements or4. Information as the Company may deem necessary, or, at its option, the Company may refuse to delete the exception. Payment of the premium for said coverage.5. Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.: The subject real property may be located in a special taxing district;(i) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County(ii) Treasurer or the County Treasurer's authorized agent; and Information regarding special districts and the boundaries of such districts may be obtained from(iii) the County Commissioners, the County Clerk and Recorder, or the County Assessor. Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident withholding). Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given: (a)If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate then 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. Note 6: Effective September 1, 1997, 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 inch the clerk and recorder may refuse to record or file any document that does not conform. Note 7: Our Privacy Policy: We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. Note 8: Records: Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and Page 8 Commitment No: 1206391-C records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not less than seven (7) years, except as otherwise permitted by law. Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that “A title entity shall not earn interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be made at any time up to and including closing.” Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such purpose(s). Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that “Until a title entity receives written instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with the following: The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them1. in a fiduciary capacity. The title entity shall use any funds designated as “earnest money ” for the consummation of the2. transaction as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise provided in this section. If the transaction does not close, the title entity shall: Release the earnest money funds as directed by written instructions signed by both the buyer(a) and seller; or If acceptable written instructions are not received, uncontested funds shall be held by the title(b) entity for 180 days from the scheduled date of closing, after which the title entity shall return said funds to the payor. In the event of any controversy regarding the funds held by the title entity (notwithstanding any3. termination of the contract), the title entity shall not be required to take any action unless and until such controversy is resolved. At its option and discretion, the title entity may: Await any proceeding; or(a) Interplead all parties and deposit such funds into a court of competent jurisdiction, and(b) recover court costs and reasonable attorney and legal fees; or Deliver written notice to the buyer and seller that unless the title entity receives a copy of a(c) summons and complaint or claim (between buyer and seller), containing the case number of the lawsuit or lawsuits, within 120 days of the title entity's written notice delivered to the parties, title entity shall return the funds to the depositing party.” Note 11: Pursuant to Colorado Division of Insurance Regulation 8-1-3,Section 5, Paragraph C (11)(f), a closing protection letter is available to the consumer. Page 9 Commitment No: 1206391-C Page 10 ALTA COMMITMENT FOR TITLE INSURANCE (07-01-2021) ISSUED BY STEWART TITLE GUARANTY 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, STEWART TITLE GUARANTY COMPANY, a Texas 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 six months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. Countersigned by: This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Stewart Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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. City, State Authorized Countersignature Title Company of the Rockies, LLC Company Name CO 81650 COMMITMENT CONDITIONS DEFINITIONS1. 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 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. If all of the Schedule B, Part I - Requirements have not been met within the time period specified in the Commitment2. to Issue Policy, this Commitment terminates and the Company ’s liability and obligation end. The Company’s liability and obligation is limited by and this Commitment is not valid without:3. the Notice;a. the Commitment to Issue Policy;b. the Commitment Conditions;c. Schedule A;d. Schedule B, Part I - Requirements;e. Schedule B, Part II - Exceptions; andf. a countersignature by the Company or its issuing agent that may be in electronic form.g. COMPANY’S RIGHT TO AMEND4. 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 This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Stewart Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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. liability of the Company is limited by Commitment Condition 5. The Company is not liable for any other amendment to this Commitment. LIMITATIONS OF LIABILITY5. The Company ’s liability under Commitment Condition 4 is limited to the Proposed Insured ’s actual expensea. 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: comply with the Schedule B, Part I - Requirements;i. eliminate, with the Company’s written consent, any Schedule B, Part II - Exceptions; orii. acquire the Title or create the Mortgage covered by this Commitment.iii. The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the amendmentb. or had Knowledge of the matter and did not notify the Company about it in writing. The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred thec. expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. The Company ’s liability does not exceed the lesser of the Proposed Insured ’s actual expense incurred in goodd. faith and described in Commitment Condition 5.a. or the Proposed Amount of Insurance. The Company is not liable for the content of the Transaction Identification Data, if any.e. 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. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND6. 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. 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. IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT7. 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. PRO-FORMA POLICY8. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Stewart Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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. 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. ARBITRATION11. 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 . STEWART TITLE GUARANTY COMPANY All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at: Stewart Title Guaranty Company, P.O. Box 2029, Houston, Texas 77252-2029. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Stewart Title Guaranty Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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. Anti-Fraud Statement 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. This anti-fraud statement is affixed to and made a part of this policy. Garfield County TYPE OF Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 l970l94s-8212 www. garfi eld-cou ntv.com EXEMPTION DIVISIONS OF LAND APPLICATION FORM Basic Correction Exem ton Plan Amendment I I I final PlatAmendment Prelim Ma Subdivision Minor Subdivisir:n Sketch reliminaryEFinal l--l Common lnterest Commun Subdivision onf-l puol it ExemuRoad 5Conservation Subdivision Prelimina Rural Land Develo ent Exem onYield nsketch Final Time Extension INVOLVED PARTIES OwnerlApplicant Name:Beniamin & Theresa Wagenman, 1226 Counly Road 238, Silt, CO 81652 (970) 309-66B6 phOne:I oleoconstruction@gmail.com Mailing Address Shane Swartwout, 4789 County Road 217, Silt, CO 81652 (97Ot 471-3579 sswatlwoul@holnlail conl E-mail: City: Representative {Authorization Required) State: -- Zip Code: Phone:Name Mailing Address: City:State: -- Zip Code: E-mail:_ - Parcel #: 21810620A283 and 218106140272 Assessor's Parcel Number Physical/Street Address County Road 238 (Slauglrier Gulch Road); approximately 3.3 miles west ot New Castle and 2.5 miles eas of Silt See attached parcel legal descriptionsLegal Description: Zone District:Property Size (acres):See atlached parcel desciptions n Existing lJ5g; Vacant land (parcel 218106200283) and resideniial (parcel 1218106100272) Proposed Use {From Use Table 3-403}: Residential Description of Project:Amend final plat for Maves and Whittington subdivision to reJlect the boundary line as it exists today between parcel # 218106200283 (Wagennran) and 21810ilA0272 (Swartwout). The boundry line was adjusted and recorded via reception number 662890. The amendment will not result in any changes to access,drainage, utility services, or any other applicable subdivision and article 7 topics. Parking Family ex si D fr of Units Multi-Fa Open Space Commercial lndustrial Total Other Pro Devel Area Land Use # of Lots REqUEST FOR WAIVERS Submission Requirements E lhe Applicant requesting a Waiver of Submission Requirements per Section 4-2A2. Lisl Section: lmprovements Agreemenl Section: Section Section Waiver of Standards tr The Applicant is requesting a Waiver of Standards per Section 4-118. List Section: Section Section: Section I have read the statements above and have provided the required attached information which is correct and accurate tc the best of my knowledge. Shane Swartwout blqtalys:aD€d bv Shdne sv/adw.u1 Dale 7t74.04 ?7 lfi 32 37 -0dnft Signature of Property Owner or Authorized Representative, Iifle Date OFFICIAL USE ONLY File Number:Fee Paid: List of Neighbors 200 ft Buffer - Wagenman Property (PIN 218106100183) Parcel Physical Address Owner Account Num Mailing Address 212529400960 3630 237 COUNTY RD SILT BUREAU OF LAND MANAGEMENT R200730 2300 RIVER FRONTAGE ROAD SILT, CO 81652 212534400961 Not available SILT BUREAU OF LAND MANAGEMENT R150245 2300 RIVER FRONTAGE ROAD SILT, CO 81652 218106100183 Not available NEW CASTLE MURR FAMILY TRUST R015168 37659 HIGHWAY 6 NEW CASTLE, CO 81647 218106100272 4789 214 COUNTY RD SILT SWARTWOUT, SHANE TIMOTHY R006628 4789 COUNTY ROAD 217 SILT, CO 81652-9513 218106200264 214 COUNTY RD NEW CASTLE GILL, ROBERT BRUCE R150264 6630 COUNTY ROAD 346 SILT, CO 81652 218106200282 Not available NEW CASTLE GILL, ROBERT BRUCE R040999 6630 COUNTY ROAD 346 SILT, CO 81652 218106200283 Not available NEW CASTLE WAGENMAN, THERESA & BENJAMIN R041000 1226 COUNTY ROAD 238 SILT, CO 81652 List of Neighbors 200 ft Buffer - Swartwout Property (PIN 218106100272) Parcel Physical Address Owner Account Num Mailing Address 218106100175 4815 214 COUNTY RD SILT HUNT, EDGAR L & SOCORRO R015164 4815 COUNTY ROAD 214 SILT, CO 81652-9513 218106100183 Not available NEW CASTLE MURR FAMILY TRUST R015168 37659 HIGHWAY 6 NEW CASTLE, CO 81647 218106100272 4789 214 COUNTY RD SILT SWARTWOUT, SHANE TIMOTHY R006628 4789 COUNTY ROAD 217 SILT, CO 81652-9513 218106200045 4773 214 COUNTY RD SILT GHAN, MICHAEL S & DEBORAH T R015032 4773 COUNTY ROAD 214 SILT, CO 81652 218106200176 4833 214 COUNTY RD SILT HUNT, EDGAR L & SOCORRO R015165 4815 COUNTY ROAD 214 SILT, CO 81652-9513 218106200273 4791 214 COUNTY RD SILT WHITTINGTON, THE VALTON DELBERT FAMILY TRUST DATED JUNE 25, 2001 R006629 PO BOX 161 RIFLE, CO 81650-0161 218106200282 Not available NEW CASTLE GILL, ROBERT BRUCE R040999 6630 COUNTY ROAD 346 SILT, CO 81652 218106200283 Not available NEW CASTLE WAGENMAN, THERESA & BENJAMIN R041000 1226 COUNTY ROAD 238 SILT, CO 81652 218106300135 345 262 COUNTY RD NEW CASTLE RED BARN RANCH 2 LLC R015007 1019 COLORADO AVENUE GLENWOOD SPRINGS, CO 81601