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HomeMy WebLinkAbout1.01 Supplemental Application Materials 03.21.2025March 14, 2025 Glenn Hartmann, Director Garfield County Community Development 108 Eighth St, Ste 201 Glenwood Springs, CO 81601 RE: Authorization to Represent – Roaring Fork Community Development Corporation Dear Mr. Hartmann: Please accept this letter as authorization for Phillip Supino of Headwaters Community Planning to represent the Roaring Fork Community Development Corporation and the Three Mile Mobile Home Park in our application with your agency. Phillip is the primary point of contact for this project and is empowered to represent my organization in all related matters with Garfield County. Sincerely, Kelly McNicholas Kury, Executive Director Roaring Fork Community Development Corporation. Kelly McNicholas Kury PROPERTIES WITHIN 200 FEET All properties within 200 feet include: 1. Physical Address: 1319 117 County Road Glenwood Springs CO 81601 a. Owners: Debra Rivera and Thomas Morton b. Mailing Address: 1487 County Road 117 Glenwood Springs, CO 81601 2. Physical Address: 1487 117 County Road Glenwood Springs CO 81601 a. Owners: Debra Rivera and Thomas Morton b. Mailing Address: 1487 County Road 117 Glenwood Springs, CO 81601 3. Physical Address: No physical address listed (Account # R080785) a. Owner: Thomas Morton b. Mailing address is 1487 County Road 117 Glenwood Springs, CO 81601 4. Physical Address: 1293 117 County Road, Glenwood Springs CO 81601 a. Owner: PCP Hideout LLC b. Mailing Address: 548 Market Street, Suite 50631 San Francisco, CA 94104 5. Physical Address: 390 127 County Road Glenwood Springs CO 81601 a. Owner: Karen Stephan b. Mailing Address: 390 127 County Road Glenwood Springs CO 81601 6. Physical Address: 250 127 County Road, Glenwood Springs CO 81601 a. Owner: Three Mile Property LLC b. Mailing Address: PO Box 264 Glenwood Springs CO 81602 MINERAL RIGHTS INVESTIGATION To determine if there are any mineral owners and to comply with Garfield County Land Use and Development Code Section 4-101(E)(1)(b)(4), June 24, 2014, Mineral Interest Research memorandum was reviewed and implemented. First, the current ownership deed for the property was reviewed. Both deeds (Reception No.985393 and No. 985394) show no mineral ownership or reservation of mineral interests on the deed. Second, the title commitment and insurance policy, specifically Schedule B-II, were reviewed to determine if any mineral right or claim was present on the property. The title commitment shows no known mineral interest holders, or mineral reservations. The title commitment is attached for reference. The Assessor’s office was contacted, and no information was provided for the parcel. The Clerk and Recorder’s office was contacted, and all recorded deed, ownership, and other recorded documents for the property were reviewed. All deeds were reviewed since the first recorded deed in 1900, and it was determined that no mineral right, transfer of mineral rights, or other mining claims are present on the property. The property deeds are summarized in the table below with corresponding Reception number or book-page for reference. No Notice of Mineral Estate Ownership was filed for the property. Date Deed Type Reception Number or Book-Page 1/1/1900 Property Deed 0516-0531 2/16/1983 Property Deed 0620-0562 1/23/2001 Special Warranty Deed 575496 7/22/2008 Personal Rep Deed 753037 4/27/2023 Trustee’s Deed 985393 4/27/2023 Personal Rep Deed 985394 STATEMENT OF AUTHORITY This Statement of Authority is intended to comply with and be effective as a statement of authority on which others may rely in accordance with C.R.S. § 38-30-172: 1. Entity name: Roaring Fork Community Development Corporation. 2. Entity type and jurisdiction: a nonprofit corporation formed under the laws of the State of Colorado. 3. Mailing address: 520 South Third Street, 22A, Carbondale, Colorado 81623. 4. Name and position of the person authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity is: Kelly McNicholas Kury, Executive Director. 5. The authority of Kelly McNicholas Kury as Executive Director to bind the entity is not limited. BY: ___________________________________ Kelly McNicholas Kury, Executive Director STATE OF COLORADO ) )ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this March ____, 2025, by Kelly McNicholas Kury as Executive Director of the Roaring Fork Community Development Corporation. My Commission Expires: Witness my hand and official seal. Notary Public 711 E. Valley Rd, Unit 201B Basalt, CO 81621 Phone: 970-366-4111 Fax: 970-672-1576 www.titlecorockies.com COMMITMENT TRANSMITTAL Commitment Ordered By: Lucas Peck Peck-Feigenbaum PC 132 Midland Avenue, Suite 4 Basalt, CO 81623 Phone: 970-925-5196 Fax: email: lucas@rfvlaw.com Inquiries should be directed to: Authorized Officer or Agent Title Company of the Rockies 711 E. Valley Rd, Unit 201B Basalt, CO 81621 Phone: 970-366-4111 Fax: 970-672-1576 Commitment Number:7003398-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):Roaring Fork Community Development Corporation Property:250 County Road 127, Glenwood Springs, CO 81601 Section: 27 Township: 6 Range: 89 SEC.27&28 TR IN NWNW OF SEC.27 & NENE SEC.28, 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 Sydney Schalit, Executive Director Roaring Fork Community Development Corporation 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 March 14, 2025 11:49 AM 711 E. Valley Rd, Unit 201B Basalt, CO 81621 Phone: 970-366-4111 Fax: 970-672-1576 www.titlecorockies.com Commitment Ordered By: Lucas Peck Peck-Feigenbaum PC 132 Midland Avenue, Suite 4 Basalt, CO 81623 Phone: 970-925-5196 Fax: email: lucas@rfvlaw.com Inquiries should be directed to: Authorized Officer or Agent Title Company of the Rockies 711 E. Valley Rd, Unit 201B Basalt, CO 81621 Phone: 970-366-4111 Fax: 970-672-1576 Commitment Number:7003398-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):Roaring Fork Community Development Corporation Property:250 County Road 127, Glenwood Springs, CO 81601 Section: 27 Township: 6 Range: 89 SEC.27&28 TR IN NWNW OF SEC.27 & NENE SEC.28, 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: $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 Chicago Title Insurance Company SCHEDULE A Reference:Commitment Number: 7003398-C 1.Effective Date: March 04, 2025, 7:00 am Issue Date: March 14, 2025 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: Roaring Fork Community Development Corporation 5.The Land is described as follows: FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE For Informational Purposes Only - APN: R080488 / 218527200010 Countersigned Title Company of the Rockies, LLC By: Staci Stamps This page is only a part of a 2021 ALTA ® Commitment for Title Insurance issued by Chicago Title Insurance 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. American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 7003398-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 situate in the Northeast Quarter of the Northeast Quarter of Section 28, also in the Northwest Quarter of the Northwest Quarter of Section 27, all in Township 6 South, Range 89 West of the 6th Principal Meridian, being more particularly described as follows: Commencing at an iron post with a brass cap, found in place and properly marked for the Northwest corner of said Section 27; thence along the west line of said Northwest Quarter of the Northwest Quarter of Section. 27, South 00 degrees 04 minutes West a distance of 1332.17 feet, to the true point of beginning, with all bearings contained herein being relative to a bearing of South 88 degrees 37 minutes East between the northwest corner of said Section 27 and the North Quarter corner of said Section 27; thence North 89 degrees 52 minutes 30 seconds West a distance of 237.15 feet, to a 2 1/2" diameter steel pipe found in place; thence North 29 degrees 57 minutes 00 seconds West a distance of 117.59 feet, to the southeasterly right-of-way line of County Road #127 as constructed and in place; thence the following four courses along said right-of-way line, North 38 degrees 03 minutes 00 seconds East a distance of 260.34 feet; thence North 33 degrees 41 minutes 00 seconds East a distance of 245.94 feet; thence North 35 degrees 03 minutes 00 seconds East a distance of 153.20 feet; thence North 44 degrees 19 minutes 00 seconds East a distance of 8.88 feet to a rebar and cap found in place and marked L.S. 7972; thence leaving said right-of-way line and along the boundary of a tract of land as described in Book 529 Page 571 as Reception No. 294777 as recorded in the Garfield County Clerk and Recorder's Office, the following eight courses, South 26 degrees 01 minutes 06 seconds East a distance of 461.73 feet to a rebar found in place; thence North 0 degrees 23 minutes 00 seconds East a distance of 73.57 feet; thence North 57 degrees 49 minutes 00 seconds East a distance of 36.00 feet; thence North 44 degrees 28 minutes 00 seconds East a distance of 153.46 feet; thence North 50 degrees 22 minutes 00 seconds East a distance of 94.67 feet; thence North 57 degrees 29 minutes 00 seconds East a distance of 34.00 feet; thence North 65 degrees 33 minutes 00 seconds East a distance of 41.61 feet; thence North 84 degrees 36 minutes 00 seconds East a distance of 35.22 feet; thence leaving said boundary as described in Reception No. 294777, continuing on bearing North 84 degrees 36 minutes 00 seconds East a distance of 3.68 feet; thence South 59 degrees 49 minutes 26 seconds East a distance of 64.54 feet.; thence South 19 degrees 46 minutes 00 seconds.East a distance of 87.29 feet; thence South 18 degrees 46 minutes 00 seconds East a distance of 447.50 feet, to a rebar and cap found and in place marked L.S. 3317; thence North 88 degrees 28 minutes 13 seconds West a distance of 893.28 feet, to the true 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 Chicago Title Insurance 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. American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 7003398-C COMMITMENT FOR TITLE INSURANCE Issued by Chicago Title Insurance 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 Roaring Fork5. Community Development Corporation for the use of Impact Development Fund, a Colorado non-profit corporation, to secure $2,196,000.00, dated April 28, 2023, and recorded April 28, 2023 as Reception No. 985396. Proper compliance with C.R.S. 38-12-217 regarding notice to all owners within the mobile home6. park and the municipality in which the park is situated. Properly executed Affidavit and Indemnity as to any and all leases and or tenancies.7. A satisfactory Land Survey Plat, Improvement Survey Plat or ALTA Land Title Survey must be8. furnished to the company. Exception will be taken to any and all adverse matters disclosed thereby. This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance 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. American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 7003398-C Deed from Roaring Fork Community Development Corporation to Purchaser with contractual9. rights 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. NOTE: Statement of Authority for Roaring Fork Community Development Corporation, a Colorado Corporation, recorded April 28, 2023 as Reception No. 985395, discloses that the names and addresses of the manager(s) or member(s) authorized to act on behalf of the limited liability company are as follows: Sydney Schalit, executive director The Owner's Policy, when issued, will not contain Exceptions No. 1, 2, 3 and 4, provided that: (A) The enclosed form of indemnity agreement or final affidavit and agreement is properly executed and acknowledged by the party(ies) indicated and returned to the Company or its duly authorized agent, (B) The Company or its duly authorized agent receives and approves a Land Survey Plat, Improvement Survey Plat or ALTA survey properly certified by a registered surveyor or engineer, and (C) Applicable scheduled charges in the amount of $TBD.00 are paid to the Company or its duly authorized agent. NOTE: EXCEPTION NO. 5 UNDER SCHEDULE B, SECTION 2 OF THIS COMMITMENT WILL NOT APPEAR IN THE POLICY OR POLICIES TO BE ISSUED PURSUANT HERETO, PROVIDED THAT (A) THE DOCUMENTS CONTEMPLATED BY THE REQUIREMENTS SET FORTH IN SCHEDULE B, SECTION 1 OF THIS COMMITMENT ARE SUBMITTED TO AND APPROVED AND RECORDED BY THE COMPANY OR ITS DULY AUTHORIZED AGENT, AND (B) AN EXAMINATION OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GARFIELD COUNTY, COLORADO BY THE COMPANY OR ITS DULY AUTHORIZED AGENT DISCLOSES THAT NO DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS HAVE BEEN RECORDED IN SUCH RECORDS SUBSEQUENT TO THE EFFECTIVE DATE HEREOF. 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, This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Chicago Title Insurance 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. American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 7003398-C 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 Chicago Title Insurance 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. American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 7003398-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: 1.Rights or claims of parties in possession not shown by the Public Records. 2.Easements or claims of easements not shown in the Public Records. 3.Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the land would disclose, and which are not shown by the public record. 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 the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. 7.Any water rights or claims or title to water, in or under the land, whether or not shown by the public records. 8.Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. Note: Upon verification of payment of all taxes the above exception will be amended to read, “Taxes and assessments for the current year, and subsequent years, a lien not yet due and payable.” Right of the Proprietor of a vein or lode to extract and remove his ore therefrom, should the same9. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Chicago Title Insurance 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. American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 7003398-C be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded July 29, 1895 in Book 12 at Page 375 and February 17, 1896 in Book 12 at page 406. Right of way for ditches or canals constructed by the authority of the United States, as reserved in10. United States Patent recorded July 29, 1895 in Book 12 at Page 375. Any and all water and water rights, reservoir and reservoir rights, ditches and ditch rights, and the11. enlargements and extensions thereof, and all laterals, flumes and headgates used in connection therewith. Any rights, interests or easements in favor of the State of Colorado, the United States of America,12. or the general public, which exist or are claimed to exist in, over, under and/or across the waters and present and past bed and banks of the Hughes Garden Ditch. Easement and right of way as reserved by Chas E. Hughes, by instrument recorded October 24,13. 1927 in Book 152 at Page 494, said easement being more particularly described therein. Easement and right of way for pipeline purposes, as granted to Rocky Mountain Natural Gas14. Company, Inc., by instrument recorded August 4, 1966 in Book 378 at Page 95, said easement being more particularly described therein. Terms, agreements, provisions, conditions and obligations as contained in License Agreement15. recorded July 5, 1972 in Book 432 at Page 536. Terms, agreements, provisions, conditions and obligations as contained in Resolution No. 82-29116. recorded November 24, 1982 in Book 613 at Page 452. Terms, agreements, provisions, conditions and obligations as contained in Resolution no. 87-7917. recorded August 4, 1987 in Book 718 at Page 315. Terms, agreements, provisions, conditions and obligations as contained in Special Use Permit18. recorded October 22, 2014 as Reception No. 855127, and corrected Special Use Permit recorded as Reception No. 855128, and Special Use Permit recorded October 22, 2014 as Reception No. 855129. Terms, agreements, provisions, conditions and obligations as contained in Agreement recorded19. July 18, 2016 as Reception No. 879903. Terms, agreements, provisions, conditions and obligations as contained in Land Use Restriction20. Agreement recorded April 28, 2023 as Reception No. 985397. Any question, dispute or adverse claims to any loss or gain of land as a result of any change in21. the riverbed location by other than natural causes, or alteration through accretion, reliction, This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Chicago Title Insurance 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. American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 7003398-C erosion or evulsion of the center thread, bank, channel or flow of the waters in the Three Mile Creek lying within the subject land; and any question as to the location of such center thread, bank, bed or channel as a legal description monument or marker for the purposes of describing or locating subject lands. NOTE: There are no documents in the land records in the office of the Clerk and Recorder for Garfield County, Colorado accurately locating past or present locations of the center thread, bank, bed or channel of the above creek or indicating any alterations of the same as from time to time may have occurred. Any rights, interests or easements in favor of the State of Colorado, the United States of America,22. or the general public, which exist or are claimed to exist in, over, under and/or across the waters and present and past bed and banks of the Three Mile Creek. All matters as disclosed on Improvement Location Certificate by Jeffrey Allen Tuttle, LS#23. 33638, Dated April 9, 2023. Any and all leases and or tenancies and any and all parties claiming by, through, or under such24. leases and or tenancies. NOTE: Upon compliance with Requirement No. 7, this Exception will not appear on the Final Policy. NOTE: The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either the insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Chicago Title Insurance 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. Commitment No: 7003398-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, which includes a1. condominium or townhouse unit. No labor or materials may have been furnished by mechanics or materialmen for purpose of construction on2. 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 unfiled mechanic's3. and materialmen's liens. Any deviation from conditions A though C above is subject to such additional requirements or Information4. 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 Treasurer or the(ii) County Treasurer's authorized agent; and Information regarding special districts and the boundaries of such districts may be obtained from the(iii) 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 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 Page 9 Commitment No: 7003398-C 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 them in a1. fiduciary capacity. The title entity shall use any funds designated as “earnest money” for the consummation of the transaction2. 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 and seller;(a) or If acceptable written instructions are not received, uncontested funds shall be held by the title entity for(b) 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 any termination3. 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 recover court(b) 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 summons(c) 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.” Page 10 Commitment No: 7003398-C DISCLOSURE STATEMENT · Pursuant to Section 38-35-125 of Colorado Revised Statutes and Colorado Division of Insurance Regulation 8-1-2 (Section 5), if the parties to the subject transaction request us to provide escrow-settlement and disbursement services to facilitate the closing of the transaction, then all funds submitted for disbursement must be available for immediate withdrawal. · Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph H, requires that "Every title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title insurance commitment, other than the effective date of the title insurance commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owners policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed". Provided that Title Company of the Rockies, LLC conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception No. 5 in Schedule B-2 will not appear in the Owner's Title Policy and Lender's Title Policy when issued. · Colorado Division of Insurance Regulation 8-1-2, Paragraph M of Section 5, requires that prospective insured(s) of a single family residence be notified in writing that the standard exception from coverage for unfiled Mechanics or Materialmans Liens may or may not be deleted upon the satisfaction of the requirement(s) pertinent to the transaction. These requirements will be addressed upon receipt of a written request to provide said coverage, or if the Purchase and Sale Agreement/Contract is provided to the Company then the necessary requirements will be reflected on the commitment. · Colorado Division of Insurance Regulation 8-1-3, Paragraph C. 11.f. of Section 5 - requires a title insurance company to make the following notice to the consumer: “A closing protection letter is available to be issued to lenders, buyers and sellers ” · If the sales price of the subject property exceeds $100,000.00 the seller shall be required to comply with the Disclosure of Withholding Provisions of C.R.S. 39-22-604.5 (Nonresident Withholding). · Section 39-14-102 of Colorado Revised Statutes requires that a Real Property Transfer Declaration accompany any conveyance document presented for recordation in the State of Colorado. Said Declaration shall be completed and signed by either the grantor or grantee. · Recording statutes contained in Section 30-10-406(3)(a) of the Colorado Revised Statutes require that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right, and bottom margin of at least one-half of an inch. The clerk and recorder may refuse to record or file a document that does not conform to requirements of this paragraph. · Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the same as the property address) be included on the face of the deed to be recorded. · Regulations of County Clerk and Recorder's offices require that all documents submitted for recording must contain a return address on the front page of every document being recorded. · Pursuant to Section 10-11-122 of the Colorado Revised Statutes, 1987 the Company is required to disclose the following information: Page 11 Commitment No: 7003398-C o The subject property may be located in a special taxing district. o A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. o Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder or the County Assessor. · Pursuant to Section 10-11-123 of the Colorado Revised Statutes, when it is determined that a mineral estate has been severed from the surface estate, the Company is required to disclose the following information: that there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and that such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Notwithstanding anything to the contrary in this Commitment, if the policy to be issued is other than an ALTA Owner's Policy (6/17/06), the policy may not contain an arbitration clause, or the terms of the arbitration clause may be different from those set forth in this Commitment. If the policy does contain an arbitration clause, and the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Page 12 ALTA COMMITMENT FOR TITLE INSURANCE issued by CHICAGO TITLE INSURANCE COMPANY NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY ’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Chicago Title Insurance Company, a Florida corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Amount of Insurance and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 180 days after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Chicago Title Insurance 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. 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. 2.If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end. 3.The Company’s liability and obligation is limited by and this Commitment is not valid without: a.the Notice; b.the Commitment to Issue Policy; c.the Commitment Conditions; d.Schedule A; This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C170B ALTA Commitment for Title Insurance (7-1-21) 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. e.Schedule B, Part I —Requirements; and f.Schedule B, Part II—Exceptions; and g.a counter-signature by the Company or its issuing agent that may be in electronic form. 4.COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company is not liable for any other amendment to this Commitment. 5.LIMITATIONS OF LIABILITY a.The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company ’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: i.comply with the Schedule B, Part I—Requirements; ii.eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or iii.acquire the Title or create the Mortgage covered by this Commitment. b.The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. c.The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. d.The Company ’s liability does not exceed the lesser of the Proposed Insured ’s actual expense incurred in good faith and described in Commitment Condition 5.a. or the Proposed Amount of Insurance. e.The Company is not liable for the content of the Transaction Identification Data, if any. f.The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. g.The Company’s liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured. 6.LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM a.Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. b.Any claim must be based in contract under the State law of the State where the Land is located and is restricted to the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured against the Company must be filed only in a State or federal court having jurisdiction. c.This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C170B ALTA Commitment for Title Insurance (7-1-21) 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. 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. 7.IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for closing, settlement, escrow, or any other purpose. 8.PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9.CLAIMS PROCEDURES This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6. 10.CLASS ACTION ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION. 11.ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is $2,000,000 or less may be arbitrated at the election of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C170B ALTA Commitment for Title Insurance (7-1-21) 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. 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.