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1.00 General Application Materials
Drake Consulting, Inc. PO Box 709, Rifle, CO 81650 DrakeConsultingInc.com April 28, 2025 Garfield County Attn: John Leybourne Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Project: 239318400105 Front Yard Variance Mr. Leybourne, Please find enclosed a revised application for the front yard setback variance on parcel no. 23918400105. Since the original application was submitted on March 11, 2025, Brian Steele (Manager of Linda Jo Ventures LLC) has purchased the property and should now be considered the owner/applicant. This revised application includes the Special Warranty Deed recorded April 08, 2025 as Reception No. 1005721, a Statement of Authority naming Brian Steele the manager of Linda Jo Ventures LLC, and a Letter of Authorization to include Anna Kaiser as the representative. This revision also includes the revised CDOT Access Permit application dated April 27, 2025. If additional information is needed, please do not hesitate to contact me. Thank you, Anna Kaiser, Project Manager Drake Consulting, Inc anna@kaisersdrake.com 970-618-9657 ATTACHMENTS Original Variance Application Letter dated 3/11/2025 p. 2-6 Exhibit I – Quit Claim Deed Rec. No. 1002737 deposited 12/18/2024 p. 7-8 Exhibit I.A. - Warranty Deed recorded April 8, 2025 as Reception No. 1005721 p. 9-10 Exhibit II – HCE Land Survey Plat Map Rec. No. 267 deposited 7/24/1995 p. 11 Exhibit III – Preliminary Site Plan with Vicinity Map p. 12 Exhibit IV – CDOT Access Permit Application Jeronimus 02/13/2025 Exhibit IV.A. – CDOT Access Permit Application April 27, 2025 p. 13-15 Exhibit V - Water Allotment Contract Rec. No. 939193 07/28/2020 p. 16-18 Exhibit VI – Land Use Application UPDATED 4/22/25 p. 19-20 Exhibit VI.A – Statement of Authority p. 21 Exhibit VII - Letter of Authorization UPDATED 4/22/25 p. 22 Exhibit VIII – Payment Agreement p. 23 Exhibit IX - Title Commitment Order No. 2024-12-14 p. 24-35 Exhibit X – Neighboring Property Land Explorer & Mailing Labels p. 36-37 Exhibit XI - Mineral Rights Ownership p. 38 Exhibit XII – Pre-Application Conference Summary p. 39-46 Drake Consulting, Inc. PO Box 709, Rifle, CO 81650 DrakeConsultingInc.com March 11, 2025 Garfield County Attn: Philip Berry, AICP – Planner III Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Project: 239318400105 Front Yard Variance Mr. Berry, Drake Consulting, Inc has prepared this application on behalf of Brian Steele, authorized representative of owners Michaleen & Michael Jeronimus and James W Gardner. This application to request a Front Yard Variance via a Waiver of Standards per Garfield County LUDC (Section 4-118) includes the history of the parcel creation, current condition of the parcel’s size and topography, a detailed description of the variance request and how this variance will affect the county and public good. PROPERTY DESCRIPTION Parcel 239318400105 is located about 2.75 miles Northwest of Carbondale along Highway 82. The address is TBD Highway 82, Carbondale, CO 81623 though proposed access (see page 3) is from an access road with a CDOT permit (application Exhibit IV). The Parcel is zoned Rural, although it is non-conforming at 0.369 acres, under the minimum lot size of 2 acres for the rural zone district. The parcel is situated in the SE1/4 of the SE1/4 of Section 18, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado. A detailed description of this property is recorded as the second parcel description in Exhibit A of Quit Claim Deed dated December 18, 2024 at reception number 1002737 in the Garfield County Clerk and Recorders office (Exhibit I). This triangle parcel is currently vacant, unimproved land bordered on two sides by the Bureau of Land Management and the third by CDOT ROW for Colorado Highway 82 (HWY 82). PROPERTY HISTORY & PARCEL CREATION The following timeline details the property’s creation according to the referenced documents recorded in the Garfield County Clerk and Recorder’s office: United States Patent Recorded October 24, 1893 as Reception No. 16443 The South 1/2 of the South East 1/4 of Section 18, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado (along with a portion of Sections 17 and 20) is purchased by Veranus R Sharp. 1888 GLO MAP – RED BOX APPROXIMATELY DELINIATES THE S1/2SE1/4 SECTION 18 The parcel remained a portion of this larger S1/2 of the SW1/4 through dozens of transfers of title until CDOT HWY 82 ROW was established. On July 10, 1970, via Rule and Order recorded as reception no. 246859, Parcel No. 103 was duly and lawfully taken by the Petitioners being the Board of County Commissioners of Garfield County and the Department of Highways, State of Colorado. The property at that time was owned by Richard and Viola Burry and his wife Viola in 1956 at deed reception no. 192977. A High Country Engineering, Inc Survey (file no. 93077.03 attached hereto as Exhibit II) was completed 12/9/94 for the Burry family showing the CDOT ROW and dividing the S1/2 of the SW1/4 of Section 18 into six parcels, with the subject parcel of this variance application becoming known as Parcel 4. According to the survey, which was amended on 12/23/94 and 7/23/95, the Colorado State Highway Right-of-Way is based on the existing highway monuments found in place and the Highway Right-of-Way Maps (Project No. S 0130 10 Sec. 2, Pages 3- 9). Warranty Deed recorded 12/18/1997 as reception no. 518033 includes the parcel descriptions shown on this survey. 2010 CDOT ROW PLANS WITH RED TRIANGLE APPROXIMATELY DELINIATING SUBJECT PARCEL In 2010, a Department of Transportation, State of Colorado, Right Of Way Plans of Proposed Project No. SHE 0821-083 State Highway No. 82 redefined the ROW boundary along subject parcel on sheet 7.08. Property corners were set at this time along the right-of-way of the subject parcel and are shown on the Site Plan (Exhibit III). CDOT ROW Plans filed with Garfield County on 8/3/2010 as Rec Map No. 861. On January 2, 2020 Parcels 2-4 were deeded to Michaleen and Michael Jeronimus recorded as reception no. 930270. On December 18, 2024, James W Gardner was granted a 50% undivided ownership interest as tenant in common with Michaeleen and Michael Jeronimus (joint tenants with a 50% undivided ownership interest) via Quit Claim Deed for Parcels 3 and 4 at reception no. 930271 (Exhibit I). Present day, subject parcel 4 (along with the land known as Parcel 3), is currently under contract to purchase by Brian Steel, who desires to develop the property. According to deed research and Exhibit IX Title Commitment, there are no mineral reservations so the current owner does own the mineral rights. The attached Exhibit XI Mineral Rights Ownership form indicating the current property owners do own the mineral rights is signed by Anna Kaiser as the party responsible for the research on behalf of the authorized representative, Brian Steele. DESCRIPTION OF VARIANCE REQUEST Brian Steele is currently under contract to purchase the described property. Mr. Steele is a small business owner planning to build a 40’ x 90’ ± shop to be used by 2 employees for vehicle storage/maintenance, tool storage, and parts fabrication. Garfield County Community Development has determined the setbacks to be 10’ on sides and 50’ front (with HWY 82 deemed an Arterial Road). Due to the lot’s steep topography and small irregular shape, as a remainder parcel divided by the highway right-of-way, Mr. Steele is requesting a 25’ front setback to build the proposed shop as shown in Exhibit III. Per Garfield County’s recommendation a detailed preapplication conference will be held after the variance hearing to determine the exact process for the building phase. Access The location of the property between Glenwood Springs and Carbondale is easily accessed from HWY 82 at the Cattle Creek intersection (CDOT Permit Application submitted 2/20/2025 and attached as Exhibit IV). The permit requests access to the property approximately 5,500 feet along an Access Road from County Road 113 near the Cattle Creek intersection. A description of the access road and proposed use is included in the CDOT Permit Application. Water Supply and Wastewater Management Property owners have a Memorandum of Water Allotment Contract (Exhibit V) recorded July 28, 2020 as reception no. 939193. Mr. Steele will apply for a well permit with the Colorado Division of Water Resources and submit an OWTS application with Garfield County during the building permit phase. VARIANCE REVIEW PER SECTION 4-115.C The following standards shall be satisfied for approval of a request for variance from the specific regulatory provisions of this Code: 1. Special Circumstances or Conditions Exist. a. Exceptional narrowness, shallowness, or shape of the property at the time of the enactment of the regulation in question; b. Exceptional topographic conditions of the property; and c. Other extraordinary and exceptional situations or conditions of the property. Applicant Response: The parcel is a triangle bound along the North and East by Section Lines and along the Southwest by Hwy 82 right-of-way. As shown on the Site Plan (Exhibit III), the front of the parcel is the hypotenuse of the triangle, making the front yard setback a major factor in the development of the parcel. Also shown on the Site Plan is the steep terrain toward the back of the lot. The 50 feet of land behind the proposed building rises approximately 15’ in elevation. 2. Not a Result of the Actions of Applicant. The special circumstances and conditions have not resulted from any act of the Applicant. Applicant Response: As demonstrated in the parcel’s creation, the shape of the lot is due to the constraints of Section 18 lines on the North and East sides with the Southwest side defined by the HWY 82 right-of-way. 3. Strict Application Consequence. Because of the special circumstances and conditions found pursuant to section 4-115.C.1., the strict application of the regulation would result in peculiar and exceptional, practical difficulties to, or exceptional and undue hardship on the owner of the property. Applicant Response: Typical shop space is of a square or rectangular design. Due to the shape of the lot, fitting a rectangular shop within a triangle building envelope restricts the footprint of the shop on all sides regardless of the orientation of the rectangle within the triangle. 4. Variance is Necessary for Relief. The granting of the variance from the strict application of the provisions set forth in this Code is necessary to relieve the owner of the peculiar and exceptional, practical difficulties or exceptional and undue hardship. Applicant Response: Due to the shape and terrain of the parcel, the lot could not be developed as proposed given the current 50’ front setback. 5. Not Detrimental to the Public Good. Granting the variance will not cause substantial detriment to the public good. Applicant Response: The subject parcel shares a boundary on two sides with the Bureau of Land Management (vacant) and the HWY 82 Right-of-way on the third side. Therefore, no neighbors, either commercial or residential, will be burdened by the building with a 25’ front setback. 6. Variance Will Not Impair the County’s Zoning. Granting the variance will not substantially impair the intent and purpose of this Code. Applicant Response: The intent of a 50’ front setback is to maintain safety, privacy, and aesthetics of rural zoned properties. A conforming rural property is a minimum of 2 acres, where a 50’ setback would be appropriate to uphold the intent. The subject parcel lies 105 feet from the Access Road. Combined with the proposed 25’ setback, the proposed building lies 130 feet from the Access Road so safety and privacy is upheld. Aesthetically, a shop as proposed will fit in with the nearest commercial buildings to the north, a storage facility and strip mall at 62 County Road 113, and a newer constructed metal building along the Access Road to the south at 9412 Hwy 82. SUMMARY Thank you for considering this front setback variance for this non-conforming, peculiar-shaped parcel. If additional information is needed, please do not hesitate to contact me. Thank you, Anna Kaiser, Project Manager Drake Consulting, Inc anna@kaisersdrake.com 970-618-9657 EXHIBITS Exhibit I – Quit Claim Deed Rec. No. 1002737 deposited 12/18/2024 p. 6 Exhibit II – HCE Land Survey Plat Map Rec. No. 267 deposited 7/24/1995 p. 8 Exhibit III – Preliminary Site Plan with Vicinity Map p. 9 Exhibit IV – CDOT Access Permit Application p. 10 Exhibit V - Water Allotment Contract Rec. No. 939193 07/28/2020 p. 12 Exhibit VI – Land Use Application p. 15 Exhibit VII - Letter of Authorization p. 17 Exhibit VIII – Payment Agreement p. 19 Exhibit IX - Title Commitment Order No. 2024-12-14 p. 20 Exhibit X – Neighboring Property Land Explorer & Mailing Labels p. 32 Exhibit XI - Mineral Rights Ownership p. 34 Exhibit XII – Pre-Application Conference Summary p. 35 EEFAMGMWilEM¶MWMUMMIIIII Rec tion#:1002737 2 R c $0 Do e 0 LD COUNTYCO QUIT CLAIM DEED This QUIT CLAIM DEED is made this /day of December, 2024,between MICHAELEEN JERONIMUS and MICHAEL JERONIMUS,whose address isPO Box 1318, Carbondale,CO 81623 ("Grantors"),and MICHAELEEN JERONIMUS and MICHAEL JERONIMUS,as joint tenants as to a 50% undivided ownership interestand JAMES W. GARDNER,whose addressisPO Box 1943,Eagle,CO 81631,astoa 50%undivided ownership interest,as tenant-in-common ("Grantees"). WITNESS,thatGrantors,forand in considerationof the sum of Ten and no/100 Dollars ($10.00)and other good and valuable consideration,the receipt and sufficiencyof which is hereby acknowledged,have remised,released,sold,conveyed,and QUIT CLAIMED,and by these presents,do remise, release,sell,convey and Quit Claim unto Grantees,their heirs, successorsand assigns,forever,allthe right,title,interest,claim and demand which Grantors have in and to the following describedrealproperty,situate,lying and being inthe said County of Garfieldand Stateof Colorado,describedas follows: See attachedExhibitA. TO HAVE AND TO HOLD the same, togetherwith alland singularthe appurtenances and privilegesthereuntobelonging or in anywise thereuntoappertaining,and allthe estate,right, title,interestand claim whatsoever,of Grantors,eitherin law or equity,to the only proper use, benefitand behoof of Grantees,theirheirsand assigns forever. The singular number shall includethe plural,the pluraland the singular,and theuse of any gender shallbe applicableto all genders. IN WITNESS WHEREOF,Grantors have executed this QuiClaim Deed on the date setforthabove. MIC ELEEN JE ONIMUS lvfICHAEL JERONIMUS STATE OF COLORADO )-' )ss. COUNTY OF GARFIELD ) The foregoingQuit Claim Deed was acknowledged beforeme this ay of December, 2024,by MICHALEEN JERONIMUS and MICHAEL JERONIMUS. WITNESS my hand and officialseal. My commission expires:bhfuq n 17 N taryPublic ANDREA JO CROUSE NOTARY PUBLIC STATE OF COLORADO NOTARY ID#20074047111 My CommissionExpiresMarch2,2026 IIIIF#EMMMMM2M N HI 2 Do e .0Ó LDCOUNTYCO EXHIBIT A A parcel of land situatedin Lot 12 of Section 18,Township 7 South,Range 88 West of the Sixth PrincipalMeridian,County of Garfield,Stateof Colorado;said parcelbeing more particularlydescribedas follows: Commencing atthe Northwest corner of said Section 20,a BLM aluminum cap in place;thenceNorth 14°00'46"West 2742.23 feettotheNortheast corner of said Lot 12,the Point of Beginning;thence South 00°01'58"East along the Easterly lineof said Lot 12 214.03 feetto a point on the Northeasterlyright-of-way of Colorado State Highway No.82;thence leaving said Easterly lineNorth 24°46'00" West along said right-of-way 236.03 feetto a point on the Northerly lineof saidLot 12; thence South 89°49'40"East along said Northerly line 98.76 feetto the Point of Beginning. A parcel of land situatedinthe SE1/4SE1/4 of Section 18,Township 7 South,Range 88 West of the Sixth PrincipalMeridian,County of Garfield,Stateof Colorado;said parcelbeing more particularlydescribedasfollows: Commencing atthe Northwest corner of said Section 20,a BLM alumimun cap in place;thence North 00°43'26"East along the Easterlylineof saidSection18 1101.46 feetto a point on the Northeasterlyright-of-wayof Colorado StateHighway No.82, the Point of Beginning;thence leaving said Easterly line along said Northeasterly right-of-way along the arcof a curve tothe right having a radiusof 11260.00 feeta centralangle of 01°21'45",a distance of 267.77 feet(chord bearsNorth 32°18'38" West 267.76 feet)to a point on the Northerly lineof said SE1/4SE1/4;thence leaving said Northeasterly right-of-way North 89°57'02"East along said Northerly line 145.98 feet;thence South 00°43'26"West along the Easterlylineof said SE1/4SE1/4 226.44 feettothePointof Beginning. W X X X X X X X X X N 89°57'02" E 145.98' (DEED) S 0 0 ° 4 3 ' 2 6 " W 2 2 6 . 4 4 ' ( D E E D ) ∆=1°21'45" R=11260.00' L=267.77' ChB=S32°18'38"E ChL=267.76' S 0 0 ° 4 3 ' 2 6 " W 1 1 0 1 . 4 6 ' 6 1 0 5 6 1 1 0 6 1 1 5 61 2 0 6 1 2 5 6 1 3 0 6 1 3 5 6 1 4 0 61 4 5 61 5 0 6 1 5 5 GRAVEL ROAD FOUND NO. 5 REBAR & 1.25" YELLOW PLASTIC CAP L.S. NO. 19598 BUREAU OF LAND MANAGEMENT BUREAU OF LAND MANAGEMENT COLORADO DEPARTMENT OF TRANSPORTATION 3.5" B.L.M. STANDARD ALUMINUM CAP STAMPED S1/16 SEC. 18 & 17 FLUSH IN A ROCK CAIRN 3.5" B.L.M. STANDARD ALUMINUM CAP STAMPED CORNER SEC. 17, 18, 19 & 20 FLUSH WITH THE GROUND 10.0 PROPOSED 40' x 60' BUILDING 105.0 DISTA N C E T O F R O N T A G E R O A D 40.0' 9 3 . 1 ' N 89°49'15" E 143.03' (FIELD) S 0 0 ° 3 9 ' 0 2 " W 2 2 3 . 0 5 ' ( F I E L D ) ∆=1°18'58" R=11460.00' L=263.23' ChB=S32°15'32"E ChL=263.22'DEED BOUNDARY CDOT R.O.W. PER PROJECT NO. SHE 0821-083 FENCE (TYP.) PARCEL NO. 239318400105 AKA PARCEL 4 0.382 AC.± (RECORD) 0.369 AC.± (FIELD)PR O P O S E D LE A C H F I E L D PROPOSED WELL 50.0 25.0 50' FR O N T S E T B A C K 25' PR O P O S E D S E T B A C K FOUND NO. 5 REBAR & 1.25" YELLOW PLASTIC CAP L.S. NO. 19598 1 0 . 0 ' 15.0' X PROPOSED GATE NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. ByNO.Date Project NO.RevisionDrawn By: Checked By: Date: Computer File: Drake Consulting, Inc. Land Surveying PO Box 709 Rifle, CO 81650 Phone 970-987-1389 DrakeConsultingInc.com 22072 1 OF 1 BRIAN STEEL SECTION 18, T7S R88W SITE PLAN TJK TJK JANUARY 16, 2025 CAD/24/72/072.DWG NO R T H 020 20 40 8010 NO R T H VICINITY MAP SCALE 1" = 2,000' Subject Property SITE PLAN A PARCEL OF LAND SITUATED IN THE SE1/4SE1/4 SECTION 18, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN COUNTY OF GARFIELD, STATE OF COLORADO NOTES: 1) THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS AND EASEMENTS OF RECORD, OR IN PLACE. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT THEREFORE, EXCEPTIONS TO TITLE THAT MAY AFFECT THE SUBJECT PROPERTY HAVE NOT BEEN RESEARCHED BY DRAKE CONSULTING, INC. 2) THE DATE OF THIS SURVEY WAS JANUARY 14, 2025. 3) BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF N00°43'216"E BETWEEN THE SOUTHEAST CORNER OF SECTION 18, A BLM BRASS CAP IN PLACE AND THE SOUTH SIXTEENTH CORNER OF SECTIONS 18 & 17, A BLM BRASS CAP IN PLACE FOUND IN PLACE. BEARINGS ARE BASED ON WARRANTY DEED RECORDED JANUARY 2, 2020 AS RECEPTION NO. 930270. 4) UNITS OF MEASURE FOR ALL DIMENSIONS SHOWN HEREON IS U.S. SURVEY FEET. 5) THIS SURVEY IS BASED ON BEARINGS ARE BASED ON WARRANTY DEED RECORDED JANUARY 2, 2020 AS RECEPTION NO. 930270. RECORDED IN THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE AND CORNERS FOUND IN PLACE. 6) THIS PROPERTY IS ZONED RURAL PER GARFIELD COUNTY COMMUNITY DEVELOPMENT. 7) THE PURPOSE OF THIS SITE PLAN IS TO SHOW THE BUILDING ENVELOPE WITH THE CURRENT 50' SETBACK AND PROPOSED SETBACKS FOR FUTURE DEVELOPMENT. PROPERTY DESCRIPTION PER WARRANTY DEED RECORDED JANUARY 2, 2020 AS RECEPTION NO. 930270. AKA PARCEL 4 A PARCEL OF LAND SITUATED IN THE SE1/4SE1/4 OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 20, A BLM ALUMINUM CAP IN PLACE, THENCE NORTH 00°43'26" EAST ALONG THE EASTERLY LINE OF SAID SECTION 18, 1101.46 TO A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY OF COLORADO STATE HIGHWAY 82, THE POINT ON BEGINNING; THENCE LEAVING SAID EASTERLY LINE ALONG SAID NORTHEASTERLY RIGHT-OF-WAY ALONG THE ARCH OF A CURVE TO THE RIGHT HAVING A RADIUS OF 112660.00 FEET A CENTRAL ANGLE OF 01°21'45' A DISTANCE OF 267.77 FEET(CHORD BEARS NORTH 32°18'38" WEST 267.76 FEET) TO A POINT ON THE NORTHERLY LINE OF SAID SE1/4SE1/4; THENCE LEAVING SAID NORTHEASTERLY RIGHT-OF-WAY NORTH 89°57'02" EAST ALONG SAID NORTHERLY LINE 145.98 FEET; THENCE SOUTH 00°43'26" WEST ALONG THE EASTERLY LINE OF SAID SE1/4SE1/4 226.44 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD, STATE OF COLORADO. SURVEYOR'S STATEMENT I, TRAVIS J. KAISER, DO HEREBY STATE THAT THIS SITE PLAN WAS PREPARED BY DRAKE CONSULTING, INC. FOR BRIAN STEEL, THAT SAID SURVEY WAS PREPARED BY ME OR UNDER MY SUPERVISION AND RESPONSIBLE CHARGE AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. TRAVIS J. KAISER, COLORADO P.L.S. NO. 38294 FOR, AND ON BEHALF OF DRAKE CONSULTING, INC. PRELIMINARY FOR REVIEW 02/21/2025 2667 Amber Spring Way Grand Junction CO 81506 970-314-4888 April 27, 2025 Brian Killian, Access Manager CDOT Region 3 Traffic Section 222 South 6th Street, Room 100 Grand Junction, CO 81501 (delivered by email) Re: CDOT access permit application package #2 for S&S Contractors project (Garfield County) Proposed site access connection to US-82 Frontage Rd. (MP 8.92) Brian: We have been working with CDOT to obtain the access permit. The first application was done on behalf of the previous Permittee/Property Owners (Jeronimus, Jeronimus, Gardner). CDOT offered Access Permit #325022 on 4/2/25, which included a follow up condition that a game crossing be installed at the access. However, this permit was never signed by the previous property owner (Jeronimus). And we don’t think permit payment was made either. The property sold to Linda Jo Ventures LLC after CDOT offered the permit to Jeronimus, so Jeronimus had no intention or obligation to sign the CDOT access permit. As such, we are re - applying for an updated access permit for the current property owner . The following information from the original submittal still remains valid and isn’t being resubmitted : • Traffic Impact Study (Level 2 - Signed & Stamped), including a parcel map showing adjacent property ownership. This submittal includes the following information: • Updated Cover Letter • Updated Application Form, signed by Brian Steele, representing Linda Jo Ventures LLC • Statement of Authority for Brian Steele • 4/3/25 Special Warranty Deed - from Jeronimus to Linda Jo Ventures LLC We are requesting an updated CDOT Access Permit at this location. Please review and process this information. Contact me if you would like any additional information or if you have any questions. Thanks for your help. Sincerely, Skip Hudson President Copy with attachments: Brian Steele, S & S Contractors Anna Kaiser, Drake Consulting, Inc. Brad Plantz, Sopris Realty Linda Jo Ventures LLC (Brian Steele) 110 Haystack Rd. Glenwood Springs, CO 81601 970-379-2388 b.steele@sandsgcllc.com TurnKey Consulting LLC, Skip Hudson 2667 Amber Spring Way Grand Junction, CO 81506 970-314-4888 skip@skiphudson.com TBD Hwy 82 Garfield n/a Lot 12 18 n/a 7 S 88 W SH-82 Frontage Rd. MP 8.92 L 0 XX x 5,500 Cattle Creek Rd. Summer 2025 X X varies Vacant undeveloped land Permit # 325022 was offered by CDOT but never signed Surrounded by BLM land X X X N/A Contractor Shop 2,400 varies varies Varies 4 vph X Skip Hudson 04-16-25 Brian Steele o e Doe e RFIELDCOUNTYC0 MEMORANDUM OF WATER ALLOTMENT CONTRACT STATE OF 0 ) COUNTY OF ) KNOW ALL MEN BY THESE PRESENTS: That,onthe9thday ofJune,2020,WaterAllotmentContractNo.747 ("Contract")wasenteredintobetween theBasaltWaterConservancyDistrict("District")andMichaleenJeronimusandMichaelJeronimus("Owners"),the owneroftherealpropertydescribedonExhibitA attachedheretoandincorporatedhereinby thisreference("Property") wherebytheDistrictgrantedtheOwnerstherighttobeneficiallyusewaterorwaterrightsowned,leased,orhereafter acquiredby theDistrictonsuchrealpropertylocatedintheCountyofGarfield,StateofColorado. The Contractissubjecttovariousconditionsandobligations,includingan annualfeetotheDistrict,andwhich may alsoincludewellpermitrequirementsoftheColoradoDivisionofWaterResourcesandWaterCourtapprovalofan, augmentationplanorsubstitutesupplyplan.AssignmentoftheContracttosubsequentownersofthePropertyrequires theDistrict'sconsentandowner'spaymentofan assignmentfee. Inquiriesmay bedirectedto:BasaltWaterConservancyDistrict,c/oChristopherL.Geiger,Balcomb&Green, P.C.,P.O.Drawer790,Glenwood Springs,Colorado81602;telephone:(970)945-6546;fax:(970)945-8902. ThisMemorandum issubjecttothetermsandprovisionsoftheContractwhichareincorporatedhereinby this reference.Upon recording,thisMemorandum shallconstitutenotice,tobonafidepurchasers,oftheContractaffecting theabove-describedProperty. OWNERS: Date:/ M aleenJeroninió MiclíáelJeo mus ACKNOWLE ,GEMENT STATE OF Q O O ) COUNTY OF The foregoinginstrumentwas acknowledgedbeforeme this day of ,2020,by MichaleenJeronimusandMichaelJeronimus. WITNESS my handandofficialseal. My cominissionexpires:. .~s RICHARD Y. NEILEY JR.. NOTARY PUBLIC NotaryPubhc STATE OF COLORADO NOTARY ID#20054035919 MycommissonEgiresSeptember14,2021 Afterrecording,pleasereturnto: BasaltWaterConservancyDistrict c/oBalcomb&Green,P.C. P.O.Drawer790 GlenwoodSprings,CO 81602 Recept.ion#:939193 3 e Doc e RFIELDCoUNTYCo EXHIBIT A Legal Description Parcel2 A parcetoflandsibiatedinLot12,theSWl/4SBl/4andthuSRI!4SEl/4ofSection18,Township7 South,Range8N WestoftheSixthPrincipalMeridian,Couniyof Garßeld.Stateof Coloradotsaidparcelbeingmore particularly describedasfollows: CornmencingattheNorthwestcornerofsaidSection20,aBl,M almninumcapinplace;thenceNorth10°58'13°Wust 632.11feettoa pointontheSouthwestctlyright.of-wayoftheDenverandRioGjandeWesternRailroad.The Pointof Heginning:thenceleavingsaidSottikwesterlyrigid-of-wnySouth5f54'00"Westl!!02.25fueltoa pointinthecenlerline intheRoaringForkRiver;thenceIbcfollowingthen(10)coursesalongsaidcenterline: 1.North46°18'37"West197.23feet 2.North61°0S'27"Wesi374.17feet 3.North8I°45'25"West314.43ht 4.South78°29'03"West233.93feci 5.South81°47'36"West280.37feet 6.South76°51'l1"West164.34feet 7.Nm1h60°2425"West205.40feet 8.Nath 16°19'15"West186.82feet 9.Noith07°48'26"East289.87feet l0.North25©4W54"Pat 106.22feeltoa pointonileSoutherlylineoftheN l/2NI!2SWI/4SEl!4ofSectioni8;thence leavingsaidcenterlineSouth119°55'05"WesialongsaidSottlherlyline149.70feet;thenceNorth00°3633"Eastalong theWesterlyllneofsaidN1/2NI/25W1/4SEll4334.72feet;iltenceNorth89*55064EastalongtheNortherlylineofsaid NI/2NI/28WU4Slil/-l672.53feeltotheSoulhwatcornerofsaidLot 12;thenceNorth01191&0D"Westalongthe Westerlylineofsaidtot12 1336.51fccrtotlicNorihwestcornerofsaidLor12;thenceSouth39°49'40°Eastalongthe Northerly1]neofsaidLot32El3.06feettoa pointon theSouthwesterlyright-of-wayoftheDenverandRioUrmnic WesternRailroad;thentethefollowingfive(5)contrsesalongmiidSoutliwestedyright-of-way: 1.Alongthearcofa curvetotherighthavinga radiusof2214.93feetanda centralnugleof 1G"0419",u distanceof 494.70feet(chordbearsSoutlt22°3837'East494.06fcot) 2.SouthL7"3632"Ras134X.00feet 3.Thencealongthearcofa curvetotheI.cfthavingaradiusofI196.28feetanda centralangleof17°31'00",adistance of365.73fcer(chordbeamSouth26°22'02"East3643 lfeet) 4.Smnh54°52'28"West50.00feet 5.South35°07'32°East218,08thettoa pointon IhcWesterlylineofLot13;thenceSouth00°01'58"Eïust13.82(celto theSouthwestcornerofLot 13;thenceNorth89"57'02"liast9.71feettoa pointontheSouthwesterlyright-of-wayof saidDerwerand RioGrandeWesternRailroad;thencethefollowingthree(3)comse:<alongsaidSanthwesterly rlgb(-of-way: 1.South35°07'32"EastL86.50feet 2.Soulb89°14'50"Fat 61.71feel 3.South35°D7'32"East616.20theltothePointofBeginning .lMreci3 A parceloflandsituatedin1.0112ofSection18,Township7 Samh,Range35WestoftheSixthPrincipaiMeridian, Conniyofcmrlield,SlateofColorado;saidparcelbeinginoceparticularlydescribedasfo!1ows: Afterrecordinepleasereturnto: BasaltWaterConservancyDistrict c/oBalcomb&Green,P.C. P.O.Drawer790 GlenwoodSprings,CO 81602 IllMMMEHilMtWMW7h Ellll Reception#:939193 3 o e O Doc ee RFIELDCOUNTYCO CommeticingetdieNorthwestcornerofsaidSection20,n BLM ahnninuncapinplace;thenceNanh 14"00'46"West 2742.23feettotheNoitheastcornerof saidLot 12,thePointofBeginning;Il×nceSou1h00$dI'58"liaraahmg the EasterlyiliteofsaidLot12214,03feettoa pointontheNortheasterlyright-of-wayofColoradoStateHighwayNo.82;thenceleavhtgsrlidBastedylineNorth24°W00"Westalongsaidrighl+f-way236.03feettoa imintontheNortherlylineofsaidLot12;.thenceSouth39°49'40"EastalongsaidNortherlyline98.76lbetlothePointofReginning. _Parcel4 A parcelof lundsituutedintheSEI/4SEl/4ofSection18,Township7 Sottth,RangoBBWestofilteSixthPrincipal Morldian,CountyofGarfield,StateofColorado;sahlpmtuiheingmom partimlarlydescrilmiasfollows: CommencingtiltheNorthwestcornerofsaidSection2fi,a ßLM aluniinumcapinplace;thenceNorth00°43'26"East alongtheEastedylincofsaidSectionIS If01,46feettou [xtintimtheNorthesterlyrigiu-oliwayofColoradoSinte HighwayNo.R2,thePointofBegiauting:thenceleavingsaidEasterlylinealongsaidNortheasterlytight+f-waynhmgthearcofacurveto1herighthavinganxiiusofI126030feetacentralangle.of01°21'45°,a distanceof267.77feet (chordbeamNorth32°18'38"West2ti7.Mreegtoa pointnu theNorthelylineofsaidSEli4SEI/4;thenceleavingsaid NortheasterIyright-of-wayNorth89*57'02~EastalongsaidNortherlyline145.98feel;thenceSouth00'43'26"West alongtheliasierlylineofsaidSRI/4Sill/4226.44feettothePnintofBeginning. ¯3 ' Afterrecording,pleasereturnto: BasaltWaterConservancyDistrict c/oBalcomb&Green,P.C. P.O.Drawer790 GlenwoodSprings,CO 81602 Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION Administrative Review Development in 100-Year Floodplain Limited Impact Review Development in 100-Year Floodplain Variance Major Impact Review Code Text Amendment Amendments to an Approved LUCP LIR MIR SUP Rezoning Zone District PUD PUD Amendment Minor Temporary Housing Facility Administrative Interpretation Vacation of a County Road/Public ROW Appeal of Administrative Interpretation Location and Extent Review Areas and Activities of State Interest Comprehensive Plan Amendment Accommodation Pursuant to Fair Housing Act Pipeline Development Variance Time Extension (also check type of original application) 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): __________________ Property Address: 9175 and TBD Highway 82 Glenwood Springs, CO Order Number: 2024-12-14 Buyer Selling Agent Linda Jo Ventures LLC Sopris Realty, LLC Delivery via: Secure Electronic Mail Brad Plantz (970) 618-9745 brad@soprisrealty.com Delivery via: Secure Electronic Mail Seller Michaleen Jeronimus and Michael Jeronimus Delivery via: Secure Electronic Mail Closing Contacts Rifle Branch:Closing Contacts Glenwood Branch: Denna Conwell Linda Gabossi 970.623.7505 970.947.0900 denna@cwtrifle.com linda@cwtrifle.com Jolene Chavez Jolene Chavez 970.623.7506 970-623-7506 jolene@cwtrifle.com jolene@cwtrifle.com American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Alliant National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 1 of 8 ALTA COMMITMENT FOR TITLE INSURANCE issued by ALLIANT NATIONAL TITLE INSURANCE COMPANY NOTICE IMPORTANT – READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I – Requirements; Schedule B, Part II – Exceptions; and the Commitment Conditions, Alliant National Title Insurance Company, a(n) Colorado corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Amount of Insurance and the name of the Proposed Insured. If all of the Schedule B, Part I – Requirements have not been met within 180 days after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1.DEFINITIONS a. “Discriminatory Covenant”: Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class. b. “Knowledge” or “Known”: Actual knowledge or actual notice, but not constructive notice imparted by the Public Records. c. “Land”: The land described in Item 5 of Schedule A and improvements located on that land that by State law constitute real property. The term “Land” does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. d. “Mortgage”: A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by electronic means authorized by law. e. “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. f. “Proposed Amount of Insurance”: Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each Policy to be issued pursuant to this Commitment. g. “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. h. “Public Records”: The recording or filing system established under State statutes in effect at the Commitment Date under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term “Public Records” does not include any other recording or filing system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or national security matters. American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Alliant National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 2 of 8 i. “State”: The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term “State” also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam. j. “Title”: The estate or interest in the Land identified in Item 3 of Schedule A. 2.If all of the Schedule B, Part I – Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end. 3.The Company’s liability and obligation is limited by and this Commitment is not valid without: a. the Notice; b. the Commitment to Issue Policy; c. the Commitment Conditions; d. Schedule A; e. Schedule B, Part I – Requirements; f. Schedule B, Part II – Exceptions; and g. a counter-signature by the Company or its issuing agent that may be in electronic form. 4.COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company is not liable for any other amendment to this Commitment. 5.LIMITATIONS OF LIABILITY a. The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: i. comply with the Schedule B, Part I – Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II – Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. b. The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. c. The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. d. The Company’s liability does not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Condition 5.a. or the Proposed Amount of Insurance. e. The Company is not liable for the content of the Transaction Identification Data, if any. f. The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I – Requirements have been met to the satisfaction of the Company. g. The Company’s liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured. 6.LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. b. Any claim must be based in contract under the State law of the State where the Land is located and is restricted to the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured against the Company must be filed only in a State or federal court having jurisdiction. c. This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. d. The deletion or modification of any Schedule B, Part II – Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. 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. American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Alliant National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 3 of 8 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. ALLIANT NATIONAL TITLE INSURANCE COMPANY 1831 Lefthand Circle Suite G, Longmont, CO 80501 By: President By: Secretary American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Alliant National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 4 of 8 Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment Condition 5.e.: Issuing Agent: Commonwealth Title Company Issuing Office: 1322 Grand Avenue Glenwood Springs, CO 81601 Issuing Office’s ALTA® Registry ID: 1038730 Loan ID Number: Commitment Number: 2024-12-14 Issuing Office File Number: 2024-12-14 Property Address: 9175 and TBD Highway 82, Glenwood Springs, CO 81601 Revision Number: SCHEDULE A 1.Commitment Date: December 11, 2024 8:00 AM 2.Policy to be issued: (a) 2021 ALTA Owner's Policy Proposed Insured:Linda Jo Ventures LLC Proposed Amount of Insurance:$100,000.00 Policy Premium:$498.00 The estate or interest to be insured:fee simple 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: Michaleen Jeronimus and Michael Jeronimus 5.The land is described as follows: The land is described as set forth in Exhibit A attached hereto and made a part hereof. COMMONWEALTH TITLE COMPANY 1322 Grand Avenue, Glenwood Springs, CO 81601 Telephone: (970) 945-4444 Countersigned by: Patrick P. Burwell, License #153719 Commonwealth Title Company, License #292895 ALLIANT NATIONAL TITLE INSURANCE COMPANY 1831 Lefthand Circle Suite G, Longmont, CO 80501 By: President By: Secretary American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Alliant National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 5 of 8 SCHEDULE B, PART I – Requirements All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company as set forth below: Owner's Policy Standard Coverage: $498.00 Reissue Owner's Extended Coverage: $50.00 Tax Certificate(s): $50.00 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5. Duly authorized and executed Deed from Michaleen Jeronimus and Michael Jeronimus, to Linda Jo Ventures LLC, to be executed and recorded at closing. Vesting deed recorded on January 2, 2020 as Instrument #930270 in the official records 6. Receipt of satisfactory Improvement Survey Plat certified to the Company (i) prepared from an on-the-ground inspection by a registered land surveyor licensed in the State of Colorado; (ii) currently dated, showing the location of the Property and all improvements, fences, easements, roads, rights-of-way and encroachments or other matters identified in Schedule B - Section 2 of this Commitment, to the extent such matters are capable of being shown, (iii) containing a legal description of the boundaries of the Property by metes and bounds or other appropriate legal description; and (iv) meeting the criteria of Colorado Revised Statute 38-51-102(9), as amended, for an Improvement Survey Plat. Note: Required per contract. 7. Execution of a Final Affidavit and Agreement indemnifying the Company against unfiled mechanic's and materialmen's liens. American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Alliant National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 6 of 8 SCHEDULE B, PART II – Exceptions Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document will be excepted from coverage. The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. Note: This exception will be deleted on the final policy upon compliance with the requirements herein. 2. Easements, or claims of easements, not shown by the public records. Note: This exception will be deleted on the final policy upon compliance with the requirements herein. 3. Discrepancies, conflicts in boundary lines, shortage of area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. Note: This exception will be deleted on the final policy upon compliance with the requirements herein. 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. Note: This Exception will be deleted upon receipt of Final Affidavits and Agreements indemnifying the Company against unfiled mechanic's and materialmen's liens. 5. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attached, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I—Requirements are met. Note: This Exception will be deleted on the final policy if Commonwealth Title Company of Garfield County, Inc. closes the proposed transaction and records the applicable instruments of conveyance. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. Note: This exception will be modified in the final policy to reflect only those taxes and assessments that are a lien, but not yet due and payable. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded on October 24, 1893 as Instrument #16443 in the official records , on November 18, 1893 as Instrument #16539 in the official records . 10. Easement and right of way as described in document recorded on December 6, 1899 as Instrument #22180 in the official records 11. Easement and right of way as described in document recorded on June 17, 1901 as Instrument #23960 in the official records 12. Easement and right of way as described in document recorded on November 21, 1966 as Instrument #236409 in the official records American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Alliant National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 7 of 8 13. Easement and right of way as described in document recorded on July 10, 1970 as Instrument #246859 in the official records 14. Easement and right of way as described in document recorded on November 27, 1995 as Instrument #485689 in the official records 15. Terms, conditions and all matters set forth in Agreement recorded on April 10, 1997 as Instrument #506835 in the official records 16. Easement and right of way as described in document recorded on June 15, 2020 as Instrument #936771 in the official records 17. Terms, conditions and all matters set forth in Agreement recorded on July 28, 2020 as Instrument #939193 in the official records 18. Terms, conditions and all matters set forth in Agreement recorded on March 11, 2021 as Instrument #951989 in the official records American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Alliant National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 8 of 8 EXHIBIT “A” The Land referred to herein below is situated in the County of Garfield, State of Colorado and is described as follows: Parcel 3 A parcel of land situated in Lot 12 of Section 18, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being more particularly described as follows: Commencing at the Northwest corner of said Section 20, a BLM aluminum cap in place; thence North 14°00'46” West 2742.23 feet to the Northeast corner of said Lot 12, the Point of Beginning; thence South 00º01'58" East along the Easterly line of said Lot 12 214.03 feet to a point on the Northeasterly right-of-way of Colorado State Highway No. 82; thence leaving said Easterly line North 24º46'00" West along said right-of-way 236.03 feet to a point on the Northerly line of said Lot 12; thence South 89º49'40" East along said Northerly line 98.76 feet to the Point of Beginning. Parcel 4 A parcel of land situated in the SE1/4SE1/4 of Section 18, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being more particularly described as follows: Commencing at the Northwest corner of said Section 20, a BLM aluminum cap in place; thence North 00º43'26" East along the Easterly line of said Section 18 1101.46 feet to a point on the Northeasterly right-of-way of Colorado State Highway No. 82, the Point of Beginning: thence leaving said Easterly line along said Northeasterly right-of-way along the arc of a curve to the right having a radius of 11260.00 feet a central angle of 01º21'45" a distance of 267.77 feet (chord bears North 32°18'38" West 267.76 feet) to a point on the Northerly line of said SE1/4SE1/4, thence leaving said Northeasterly right-of-way North 89°57'02" East along said Northerly line 145.98 feet; thence South 00°43'26" West along the Easterly line of said SE1/4SE1/4 226.44 feet to the Point of Beginning. DISCLOSURES Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph F provides: "Whenever a title entity provides the closing and settlement service that is in conjunction with the issuance of an owner's policy of title insurance, it shall update the title commitment from the date of issuance to be as reasonably close to the time of closing as permitted by the real estate records. Such update shall include all impairments of record at the time of closing or as close thereto as permitted by the real estate records. The title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title commitment, for all undisclosed matters that appear of record prior to the time of closing." Provided Commonwealth Title Insurance Company of Garfield County, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. This Notice is required by Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph G. Pursuant to Colorado Division of Insurance Regulation 8-1-2, notice is hereby given that affirmative mechanic's lien protection for the prospective insured owner may be available upon compliance with the following conditions: A. The land described in Schedule A of this Commitment must be a single family residence, which includes a condominium or townhouse unit. B. No labor or materials may have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive appropriate affidavits indemnifying the Company against all unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A through C above is subject to such additional requirements or information as the Company may deem necessary; or, at its option, the Company may refuse to delete the exception. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph M. Pursuant to Colorado Division of Insurance Regulation 8-1-3, notice is hereby given of the availability of a Closing Protection Letter which may, upon request, be provided to certain parties to the transaction. Pursuant to C.R.S. §10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district; B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent; C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor; and D) The company will not issue its policy of policies of title insurance contemplated by the commitment until it has been provided a Certificate of Taxes due from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right, and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform. Pursuant to C.R.S. §10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. If the transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. §39-22-604.5 (Nonresident withholding). Pursuant to C.R.S. §38-35-125(2), no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph J. "Good Funds Law" C.R.S. §39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee and Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the same as the property address) be included on the face of the deed to be recorded. Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 239316300954 Not available CARBONDALE BUREAU OF LAND MANAGEMENT R043957 2300 RIVER FRONTAGE ROAD SILT, CO 81652 239318400105 Not available CARBONDALE JERONIMUS, MICHAELEEN & MICHAEL R111300 PO BOX 1318 CARBONDALE, CO 81623 ROW Not available null BUREAU OF LAND MANAGEMENT 2300 RIVER FRONTAGE ROAD SILT, CO 81652 JERONIMUS, MICHAELEEN & MICHAEL PO BOX 1318 CARBONDALE, CO 81623 CERTIFICATION OF MINERAL OWNER RESEARCH This form is to be completed and submitted with any application for a Land Use Change Permit. Mineral interests may be severed from surface right interests in real property. C.R.S. § 24-65.5-101, et seq, requires notification to mineral owners when a landowner applies for an application for development from a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 (“LUDC”) Section 4-101(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property in accordance with C.R.S. § 24-65.5-101, et seq, “as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means.” This form is proof of applicant’s compliance with the Colorado Revised Statutes and the LUDC. The undersigned applicant certifies that mineral owners have been researched for the subject property as required pursuant to C.R.S. § 24-65.5-101, et seq, and Section 4-101 (E)(1)(b)(4) of the Garfield County Land Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies the following (Please initial on the blank line next to the statement that accurately reflects the result of research): I own the entire mineral estate relative to the subject property; or Minerals are owned by the parties listed below The names and addresses of any and all mineral owners identified are provided below (attach additional pages as necessary): Name of Mineral Owner Mailing Address of Mineral Owner I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the LUDC. _____________________________________________ _________________________________ Applicant’s Signature Date Minerals are owned by the current property ownersAK 03/11/2025On behalf of Brian Steele 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: 239318400105 DATE: 2/3/2025 PROJECT: 239318400105 Front Yard Variance OWNER: Currently JERONIMUS, MICHAELEEN & MICHAEL, Purchaser and future Applicant Brian Steele REPRESENTATIVE: Anna Kaiser PRACTICAL LOCATION: about 2.75 miles northwest of Carbondale, northeast of HWY 82 ZONING: Rural COMPREHENSIVE PLAN: Residential Medium, Carbondale Area of Influence TYPE OF APPLICATION: Variance I. GENERAL PROJECT DESCRIPTION The subject parcel is a small, triangle shaped parcel adjacent to Hwy 82 and taking its access form an access road parallel to the highway. Currently, the front yard setback for that frontage road has been determined to be 50 feet. The applicant has represented that, when combined with the side yard setbacks of 10 feet and the steep slopes located on the back of the lot, a reduction of this setback will be necessary to allow for the use of the property. The lot is also under the Minimum Lot Size for the Rural zone district and the application should request a variance from that requirement or provide a legal analysis showing it is not necessary. Zone Dimension Standards can be found in Table 3-201 of the Land Use and Development Code. The application should also demonstrate legal creation of the parcel, if the parcel was not legally created, a separate Basic Correction Exemption may be required. At the time of the preapplication meeting, the proposed future use would be a contractor’s yard, professional office, or similar use. A detailed preapplication conference should be held after a 2 variance hearing regarding the future use to determine the exact process, if any, necessary for approval. Many uses require additional Land Use Change Permits in the Rural zone district. Land Use Change Permit application reviews will look closely at questions of water supply, wastewater management, and access. A traffic study is typically required as part of the demonstration of access. Due to the condition of the Frontage Road and its cuts onto Hwy 82, staff recommends the applicant work with CDOT as soon as possible to determine what new permitting, if any, may be required for that permit. A water supply plan and wastewater management plan will also be necessary. The Division of Water Resources would the proper agency to contact regarding well permits, while Garfield County Environmental Health could provide information on septic regulations. A separate, generic summary for an Administrative Review Land Use Change Permit will be provided so you can see what those submittal requirements look like. Some uses require Limited or Major Impact review permits which require additional hearings. A list of general submittal requirements is included below. The Variance Application should include a Title Commitment. A list of owners of property within 200 feet as well as mineral owners of the parcel itself will need to be included. When the application is deemed Technically Complete and the hearing scheduled, the applicant will conduct public noticing through mailings, publishing, and posting on the property. Staff will provide posters and a courtesy draft public notice when the application is Technically Complete and has been sent out for review. The application will need to demonstrate hardship that does not result from any action the applicant has taken. Section 4-115.C Review Criteria provides detailed review criteria for variances. Special Circumstances or Conditions Exist. One or more of the following circumstances or conditions exist with respect to the specific property: Exceptional narrowness, shallowness, or shape of the property at the time of the enactment of the regulation in question; Exceptional topographic conditions of the property; and Other extraordinary and exceptional situations or conditions of the property. Not a Result of the Actions of Applicant. The special circumstances and conditions have not resulted from any act of the Applicant. Strict Application Consequence. Because of the special circumstances and conditions found pursuant to section 4-115.C.1., the strict application of the regulation would result in peculiar and exceptional, practical difficulties to, or exceptional and undue hardship on, the owner of the property. 3 Variance is Necessary for Relief. The granting of the variance from the strict application of the provisions set forth in this Code is necessary to relieve the owner of the peculiar and exceptional, practical difficulties or exceptional and undue hardship. Public Good. Granting the variance will not cause substantial detriment to the public good. Variance Will Not Impair the County’s Zoning. Granting the variance will not substantially impair the intent and purpose of this code. Variances are heard before the Board of Adjustment. The application will need to demonstrate how the specific layout of this lot meets the above criteria and that a setback and minimum lot size reduction is necessary for relief. The application’s site plan must be professionally prepared, surveyed map that meets the requirements found in Section 4-203. The application requires that the narrative include a detailed description of the request and response to the review criteria for a variance. It should include materials to fulfill any Waiver of Submittal Requirements (Section 4-202) and Waiver of Standards (Section 4-118) requests. A full copy of the Land Use and Development Code (LUDC) may be found here: https://www.garfield- county.com/community-development/land-use-code/ II. REGULATORY PROVISIONS AND PROCESS REQUIRED The following Sections of the Garfield Land Use and Development Code as amended apply to the proposed Application: • Section 1-203. Board of Adjustment • Section 4-115. Variance • Table 4-102 Common Review Procedures and Required Notice • Table 4-201 Submittal Requirements • Article 7, Divisions 1, 2, 3, and 4 as applicable III. BOARD OF ADJUSTMENT REVIEW PROCESS The review process shall follow the steps contained in Table 4-102. IV. SUBMITTAL REQUIREMENTS – KEY TOPICS As a convenience, outlined below is a list of information typically required for this type of application: General Application Materials o Completed application form (attached) o Completed payment agreement form (attached) 4 o Proof of Ownership (title work and deed) and information on any lien holders for both parcels o All necessary Statements of Authority and/or Letters of Authorization o A Title Commitment o Proof of Legal Creation o Names and mailing addresses of property owners within 200 ft. of the property (attached) o Mineral rights ownership including mailing address (see attached form and memo). A narrative describing the request, justification of compliance to variance criteria contained in Section 4-115 LUDC and related information. Copy of the pre-application summary Site Plan The request should be consistent with all applicable provisions of Article 7 in the LUDC. Any other supporting information indicating that the change is consistent with underlying zoning and previous property history. The Application submittal needs to include 3 hard copies of the entire Application and 1 Digital PDF Copy of the entire Application (on a CD or USB Stick). Both the paper and digital copies should be split into individual sections. Please refer to the pre-application summary for submittal requirements that are appropriate for your Application. V. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: ___ Director Decision with notice ___ Planning Commission ___ Board of County Commissioners _X_ Board of Adjustment c. Referral Agencies: May include Garfield County Road and Bridge, Fire Protection District, Garfield County Designated Engineer, Division of Water Resources, Garfield County Vegetation Management, CDOT, Town of Carbondale VI. APPLICATION REVIEW FEES a. Planning Review Fees: $ 250.00 5 b. Referral Agency Fees: $ TBD – consulting engineer/civil engineer fees c. Total Deposit: $ 250.00 (additional hours are billed at $40.50 /hour) VII. GENERAL APPLICATION PROCESSING The foregoing summary is advisory in nature only and is not binding on 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: 2/3/2025 Philip Berry, AICP - Planner III Date 6 7 8 R3 Traffic Section, Access Unit 222 S 6th St, Rm 100 Grand Junction, CO 81501 PH (970) 683-6284 FAX (970) 683-6290 R3 Traffic Section, Access Unit, 222 S. 6th Street, Rm 100, Grand Junction, CO 81501 PH (970) 683-6284 www.codot.gov <<<<< e-mailed >>>>> May 8, 2025 Permit No. 325039 Linda Jo Ventures LLC 110 Haystack Rd. Glenwood Springs, Colorado 81601 Dear Permittee: 1. Please review the attached State Highway Access Permit (Form #101) and all enclosed attachments 2. If you ACCEPT the Permit and its Terms and Conditions (and are authorized to sign as legal owner of the property, or as an authorized representative), please complete the DocuSign process within 60 days of the transmittal date on the permit. Your signature confirms your agreement to all the listed Terms and Conditions. 3. If you fail to complete the DocuSign within 60 days, the Colorado Department of Transportation (CDOT) will consider this permit withdrawn. 4. You may use the PayPal link to pay for this permit or send a check or money order made payable to “CDOT” for the total amount due of $100.00 to our office. 5. If you wish to APPEAL the Terms and Conditions of the permit, please refer to the attached Form 101, Pages 2 and 3 for an explanation of the appeal procedures. 6. As described in the additional attached Terms and Conditions, you must make a written request to obtain a Notice to Proceed. DO NOT begin any work within the State Highway Right-of-Way without a validated Access Permit and Notice to Proceed. Use of this permit without the Colorado Department of Transportation’s validation shall be considered a violation of State Law. If you have any questions please call Kandis Aggen, Asst. Access Manager, at (970) 683-6270 or Brian Killian, Region 3 Access Program Manager, at (970) 683-6284. If you choose to return the signed permit and/or check by mail, please send to: Region 3 Access Unit Attn: Kandis Aggen, Asst. Access Manager 222 S 6th St, Rm 100 Grand Junction, CO 81501 Docusign Envelope ID: 76566BE6-A8D5-4912-8C88-D82116F69839 COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS PERMIT CDOT Permit No. 325039 State Highway No / Mp / Side 082A / 8.920 / Left Permit Fee $100.00 Date of Transmittal 05/08/2025 Region / Section / Patrol / Name 3 / 02 / 2K12 Melissa DeAndrea Local Jurisdiction Garfield County The Permittee(s): Linda Jo Ventures LLC 110 Haystack Rd. Glenwood Springs, Colorado 81601 (970) 379-2388 The Applicant(s): TurnKey Consulting LLC 2667 Amber Spring Way Grand Junction, Colorado 81506 (970) 314-4888 is hereby granted permission to have an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with this permit, including the State Highway Access Code and any attachments, terms, conditions and exhibits. This permit may be revoked by the Issuing Authority if at any time the permitted access and its use violate any parts of this permit. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. Location: Located on the north side of the Hwy 82 North Frontage Rd. approximately 500 feet west of MP 9 (Lat. 39.443863, Long. - 107.256385) Access to Provide Service to: (Land Use Code) (Size) (Units) 110 - General Light Industrial (2 employees) 4 DHV Additional Information: MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. Signature Print Name Date Title Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from Initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify Jorge Centino 2K2 with the Colorado Department of Transportation, at (970) 309-3338 at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit and its terms and conditions. Permittee Signature: Print Name Date Co-Permittee Signature: (if applicable) Print Name Date This permit is not valid until signed by a duly authorized representative of the Department. COLORADO DEPARTMENT OF TRANSPORTATION Signature Print Name Title Date (of issue) Copy Distribution: Required: 1.Region 3.Staff Access Section 2.Applicant 4.Central Files Make copies as necessary for: Previous editions are obsolete and may not be used Local Authority Inspector Page 1 of 3 CDOT Form #101 5/07 MTCE Patrol Traffic Engineer \s1\ \n1\ \d1\ \s2\ \n2\ \t2\ \d2\ Docusign Envelope ID: 76566BE6-A8D5-4912-8C88-D82116F69839 Brian Steele 5/8/2025 | 11:50 AM PDT Kandis Aggen Asst. Access Manager 5/12/2025 | 10:45 AM PDT State Highway Access Permit Form 101, Page 2 The following paragraphs are excerpts of the State Highway Access Code. These are provided for your convenience but do not alleviate compliance with all sections of the Access Code. A copy of the State Highway Access Code is available from your local issuing authority (local government) or the Colorado Department of Transportation (Department). When this permit was issued, the issuing authority made its decision based in part on information submitted by the applicant, on the access category which is assigned to the highway, what alternative access to other public roads and streets is available, and safety and design standards. Changes in use or design not approved by the permit or the issuing authority may cause the revocation or suspension of the permit. APPEALS 1. Should the permittee or applicant object to the denial of a permit application by the Department or object to any of the terms or conditions of a permit placed there by the Department, the applicant and permittee (appellant) have a right to appeal the decision to the [Transportation] Commission [of Colorado]. To appeal a decision, submit a request for administrative hearing to the Transportation Commission of Colorado within 60 days of transmittal of notice of denial or transmittal of the permit for signature. Submit the request to the Transportation Commission of Colorado, 4201 East Arkansas Avenue, Denver, Colorado 80222-3400. The request shall include reasons for the appeal and may include changes, revisions, or conditions that would be acceptable to the permittee or applicant. 2. Any appeal by the applicant or permittee of action by a local issuing authority shall be filed with the local authority and be consistent with the appeal procedures of the local authority. 3. In submitting the request for administrative hearing, the appellant has the option of including within the appeal a request for a review by the Department’s internal administrative review committee pursuant to [Code] subsection 2.10. When such committee review is requested, processing of the appeal for formal administrative hearing, 2.9(5) and (6), shall be suspended until the appellant notifies the Commission to proceed with the administrative hearing, or the appellant submits a request to the Commission or the administrative law judge to withdraw the appeal. The two administrative processes, the internal administrative review committee, and the administrative hearing, may not run concurrently. 4. Regardless of any communications, meetings, administrative reviews or negotiations with the Department or the internal administrative review Committee regarding revisions or objections to the permit or a denial, if the permittee or applicant wishes to appeal the Department's decision to the Commission for a hearing, the appeal must be brought to the Commission within 60 days of transmittal of notice of denial or transmittal of the permit. PERMIT EXPIRATION 1. A permit shall be considered expired if the access is not under construction within one year of the permit issue date or before the expiration of any authorized extension. When the permittee is unable to commence construction within one year after the permit issue date, the permittee may request a one year extension from the issuing authority. No more than two one-year extensions may be granted under any circumstances. If the access is not under construction within three years from date of issue the permit will be considered expired. Any request for an extension must be in writing and submitted to the issuing authority before the permit expires. The request should state the reasons why the extension is necessary, when construction is anticipated, and include a copy of page 1 (face of permit) of the access permit. Extension approvals shall be in writing. The local issuing authority shall obtain the concurrence of the Department prior to the approval of an extension, and shall notify the Department of all denied extensions within ten days. Any person wishing to reestablish an access permit that has expired may begin again with the application procedures. An approved Notice to Proceed, automatically renews the access permit for the period of the Notice to Proceed. CONSTRUCTION 1. Construction may not begin until a Notice to Proceed is approved. (Code subsection 2.4] 2. The construction of the access and its appurtenances as required by the terms and conditions of the permit shall be completed at the expense of the permittee except as provided in subsection 2.14. All materials used in the construction of the access within the highway right-of-way or on permanent easements, become public property. Any materials removed from the highway right-of-way will be disposed of only as directed by the Department. All fencing, guard rail, traffic control devices and other equipment and materials removed in the course of access construction shall be given to the Department unless otherwise instructed by the permit or the Department inspector. 3. The permittee shall notify the individual or the office specified on the permit or Notice to Proceed at least two working days prior to any construction within state highway right-of-way. Construction of the access shall not proceed until both the access permit and the Notice to Proceed are issued. The access shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation of construction within the highway right-of-way. A construction time extension not to exceed 30 working days may be requested from the individual or office specified on the permit. 4. The issuing authority and the Department may inspect the access during construction and upon completion of the access to ensure that all terms and conditions of the permit are met. Inspectors are authorized to enforce the conditions of the permit during construction and to halt any activities within state right-of-way that do not comply with the provisions of the permit, that conflict with concurrent highway construction or maintenance work, that endanger highway property, natural or cultural resources protected by law, or the health and safety of workers or the public. \i1\ Docusign Envelope ID: 76566BE6-A8D5-4912-8C88-D82116F69839 5. Prior to using the access, the permittee is required to complete the construction according to the terms and conditions of the permit. Failure by the permittee to abide by all permit terms and conditions shall be sufficient cause for the Department or issuing authority to initiate action to suspend or revoke the permit and close the access. If in the determination of the Department or issuing authority the failure to comply with or complete the construction requirements of the permit create a highway safety hazard, such shall be sufficient cause for the summary suspension of the permit. If the permittee wishes to use the access prior to completion, arrangements must be approved by the issuing authority and Department and included in the permit. The Department or issuing authority may order a halt to any unauthorized use of the access pursuant to statutory and regulatory powers. Reconstruction or improvement of the access may be required when the permittee has failed to meet required specifications of design or materials. If any construction element fails within two years due to improper construction or material specifications, the permittee shall be responsible for all repairs. Failure to make such repairs may result in suspension of the permit and closure of the access. 6. The permittee shall provide construction traffic control devices at all times during access construction, in conformance with the M.U.T.C.D. as required by section 42- 4-104, C.R.S., as amended. 7. A utility permit shall be obtained for any utility work within highway right-of-way. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of a permitted access, the relocation, removal or repair shall be accomplished by the permittee without cost to the Department or issuing authority, and at the direction of the Department or utility company. Any damage to the state highway or other public right-of-way beyond that which is allowed in the permit shall be repaired immediately. The permittee is responsible for the repair of any utility damaged in the course of access construction, reconstruction or repair. 8. In the event it becomes necessary to remove any right- of-way fence, the posts on either side of the access shall be securely braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence. All posts and wire removed are Department property and shall be turned over to a representative of the Department. 9. The permittee shall ensure that a copy of the permit is available for review at the construction site at all times. The permit may require the contractor to notify the individual or office specified on the permit at any specified phases in construction to allow the field inspector to inspect various aspects of construction such as concrete forms, subbase, base course compaction, and materials specifications. Minor changes and additions may be ordered by the Department or local authority field inspector to meet unanticipated site conditions. 10. Each access shall be constructed in a manner that shall not cause water to enter onto the roadway or shoulder, and shall not interfere with the existing drainage system on the right-of-way or any adopted municipal system and drainage plan. 11. By accepting the permit, permittee agrees to save, indemnify, and hold harmless to the extent allowed by law, the issuing authority, the Department, its officers, and employees from suits, actions, claims of any type or character brought because of injuries or damage sustained by any person resulting from the permittee's use of the access permit during the construction of the access. CHANGES IN ACCESS USE AND PERMIT VIOLATIONS 1. It is the responsibility of the property owner and permittee to ensure that the use of the access to the property is not in violation of the Code, permit terms and conditions or the Act. The terms and conditions of any permit are binding upon all assigns, successors-in-interest, heirs and occupants. If any significant changes are made or will be made in the use of the property which will affect access operation, traffic volume and or vehicle type, the permittee or property owner shall contact the local issuing authority or the Department to determine if a new access permit and modifications to the access are required. 2. When an access is constructed or used in violation of the Code, section 43-2-147(5)(c), C.R.S., of the Act applies. The Department or issuing authority may summarily suspend an access permit and immediately order closure of the access when its continued use presents an immediate threat to public health, welfare or safety. Summary suspension shall comply with article 4 of title 24, C.R.S. MAINTENANCE 1. The permittee, his or her heirs, successors-in-interest, assigns, and occupants of the property serviced by the access shall be responsible for meeting the terms and conditions of the permit, the repair and maintenance of the access beyond the edge of the roadway including any cattle guard and gate, and the removal or clearance of snow or ice upon the access even though deposited on the access in the course of Department snow removal operations. Within unincorporated areas the Department will keep access culverts clean as part of maintenance of the highway drainage system. However, the permittee is responsible for the repair and replacement of any access-related culverts within the right-of-way. Within incorporated areas, drainage responsibilities for municipalities are determined by statute and local ordinance. The Department will maintain the roadway including auxiliary lanes and shoulders, except in those cases where the access installation has failed due to improper access construction and/or failure to follow permit requirements and specifications in which case the permittee shall be responsible for such repair. Any significant repairs such as culvert replacement, resurfacing, or changes in design or specifications, requires authorization from the Department. Form 101, Page 3 \i1\ Docusign Envelope ID: 76566BE6-A8D5-4912-8C88-D82116F69839 STATE of COLORADO HIGHWAY ACCESS PERMIT ADDITIONAL TERMS and CONDITIONS May 8, 2025 PERMIT No. 325039 Permittee(s): Linda Jo Ventures LLC Location: Garfield County on CO Highway 082A, near Mile Ref. Pt. 8.92 Left 1. This permitted access is only for the use and purpose stated in the application and permit. This permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), hereafter referred to as the “Access Code”, and is based in part upon the information submitted by the Permittee. 2. Any subsequent relocation, reconstruction, modifications, changes in the type of traffic using the access or 20% increase in volume to the access shall require a new application and coordination with Colorado Department of Transportation, hereafter referred to as “CDOT”. Any changes causing non-compliance with the Access Code may render this permit void, requiring a new permit. 3. This permit replaces any and all additional access permits that may be in existence for this access. 4. This permit is for Light Industrial use for parcel # 239318400105. 5. The traffic volume shall be 4 DHV (Design Hourly Volume). 6. The Highway Access Category is F-R. 7. This access shall have a full turning-movement. 8. The permittee shall install a deer guard that ties into the existing wildlife fencing per CDOT Standards. Details of the deer guard can be found in the M&S Standards Plan No. M-611-2. 9. This access shall be designed and constructed to CDOT’s standards. 10. A Notice to Proceed (NTP) is required before beginning construction on the access or any activity within the highway right-of-way. To receive the NTP the applicant shall submit a complete packet to CDOT (to Nick Nordquist - 970-683-6280, nicholas.nordquist@state.co.us) with the following items: (a) A cover letter or email requesting a NTP with the intended date to begin construction. (b) Electronic copy of construction plans (11”x 17” with a minimum scale of 1” = 50’). This plan set must be in full compliance with the State Highway Access Code. The plans shall provide the contact information for the Design Engineer, if applicable, and the following items: i) Plan view with driveway dimensions – turning radius, width, slope, gates, etc. ii) Typical road section - existing and proposed sub base, base, pavement, and shoulder dimensions. iii) Centerline profile of the access/highway connection showing depths, driveway slope, etc. (c) Certificate of Insurance for Liability as per Section 2.3(11)(i) of the State Highway Access Code, naming CDOT on the face of the certificate as “an additional insured for general liability”; (d) A certified Traffic Control Plan (TCP) in accordance with section 2.4(6) of the Access Code. The TCP shall provide accessibility features to accommodate all pedestrians including persons with disabilities for all pathways during construction. 11. Access width, geometry, and radii shall be determined by designing the access for the largest vehicle using the access on a consistent basis. This design shall be in conformance with Section 4.5(5) of the Access Code. Docusign Envelope ID: 76566BE6-A8D5-4912-8C88-D82116F69839 STATE of COLORADO HIGHWAY ACCESS PERMIT ADDITIONAL TERMS and CONDITIONS May 8, 2025 PERMIT No. 325039 Permittee(s): Linda Jo Ventures LLC Location: Garfield County on CO Highway 082A, near Mile Ref. Pt. 8.92 Left 12. The horizontal axis of the access to the state highway shall be constructed perpendicular to the centerline of the highway and extend from the edge of the roadway a minimum distance of 40 feet, or to the property line, whichever is greater. This design shall be in conformance with section 4.9(4) of the Access Code. 13. Side slopes shall be at a 4:1 slope on the highway access. The roadway shall slope away from the highway at a -2% grade for the first 20 feet of driveway. This design shall be in conformance with section 4.9(8) of the Access Code. 14. Immediately upon completion of earthwork the access shall be hard-surfaced a minimum distance of 50 feet from the traveled way, or to the CDOT right-of-way, whichever is greater. Where the hard surface ties into the existing pavement, the existing pavement shall be saw cut and removed to a minimum of the full depth asphalt section or until an acceptable existing cross slope is achieved. The saw cut shall not be located in the wheel path. Surfacing shall meet CDOT’s specifications with minimum surfacing to be equal to, or greater than, existing highway conditions in conformance with section 4 of the Access Code. 15. Materials, Placing, and Compaction Unless the Applicant has approval from the Access Manager who may state otherwise, the following are minimum requirements for driveway construction: Hot Mix Asphalt Option (HMA): compaction of the subgrade, embankments and backfill shall comply with sections 203 & 304 of the Colorado Highway Standard Specifications for Road and Bridge Construction. Concrete Pavement Option: Portland Cement (PCCP): compaction of the subgrade, embankments and backfill shall comply with sections 203 & 304 of the Colorado Highway Standard Specifications for Road and Bridge Construction. 16. This permit allows for onsite construction as long as such use does not violate any terms of the permit. Permittee shall coordinate with CDOT for onsite construction and shall provide a traffic control plan and proof of liability insurance. If the access location, volume, or turning movement for onsite construction is different from the permitted access, a new temporary construction permit may be required. 17. No drainage from this site shall enter onto the state highway travel lanes. The Permittee is required to maintain all drainage in excess of historical flows and time of concentration on site. All existing drainage structures shall be extended, modified or upgraded, as applicable, to accommodate all new construction and safety standards, in accordance with CDOT’s standard specifications. 18. Open cuts, which are at least 3 inches in depth, within 30 feet of the edge of the state highway traveled way, will not be left open at night, on weekends, or on holidays, or shall be protected with a suitable barrier per state and federal standards. 19. Nothing in this permit shall prohibit the Chief Engineer from exercising the right granted in CRS 43- 3-102 including but not limited to restricting left hand turns by construction of physical medial separations. Docusign Envelope ID: 76566BE6-A8D5-4912-8C88-D82116F69839 STATE of COLORADO HIGHWAY ACCESS PERMIT ADDITIONAL TERMS and CONDITIONS May 8, 2025 PERMIT No. 325039 Permittee(s): Linda Jo Ventures LLC Location: Garfield County on CO Highway 082A, near Mile Ref. Pt. 8.92 Left 20. Under no circumstances shall the construction of a private driveway by a private interest interfere with the completion of a public highway construction project. 21. Any current or proposed cattle guard shall be maintained fully within the property boundaries and all repairs are the sole responsibility of the property owner. 22. Backing maneuvers within and onto the state highway right-of-way are strictly prohibited. All vehicles shall enter and exit the highway right-of-way in a forward movement. Backing into the right-of-way shall be considered a violation of the Terms and Conditions of the Access Permit and may result in the revocation of the permit by CDOT and/or Issuing Authority. 23. No additional accesses will be granted for these parcels or any future parcels as a result of splitting or dividing land. All accesses to newly created parcels shall be provided internally from this access. (This is only for FW, EX, R-A and NR-A) 24. The Permittee assumes responsibility for any and all easements that are associated with this access. If an easement is part of this access permit, CDOT is not liable for incorrect information in the easement documentation. It is the Permittees responsibility to ensure all applicable laws and regulations have been followed pertaining to easements and subdivision law. 25. The Permittee is responsible for obtaining any necessary additional federal, state and/or city/county permits or clearances required for construction of the access. Approval of this access permit does not constitute verification of this action by the Permittee. Permittee is also responsible for obtaining all necessary utility permits in addition to this access permit. 26. All workers within the state highway right-of-way shall comply with their employer’s safety and health policies/procedures, and all applicable U.S. Occupational Safety and Health Administration (OSHA) regulations - including, but not limited to the applicable sections of 29 CFR Part 1910 - Occupational Safety and Health Standards and 29 CFR Part 1926 - Safety and Health Regulations for Construction. Personal protective equipment (e.g. head protection, footwear, high visibility apparel, safety glasses, hearing protection, respirators, gloves, etc.) shall be worn as appropriate for the work being performed, and as specified in regulation. 27. The Permittee shall provide accessibility features to accommodate all pedestrians including persons with disabilities for all pathways during and after construction. 28. The Permittee is required to comply with the Americans with Disabilities Act Accessibility Guidelines (ADAAG) that have been adopted by the U.S. Architectural and Transportation Barriers Compliance Board (Access Board), and incorporated by the U.S. Attorney General as a federal standard. These guidelines are defining traversable slope requirements and prescribing the use of a defined pattern of truncated domes as detectable warnings at street crossings. The new Standards Plans and can be found on the Design and Construction Project Support web page at: https://www.codot.gov/business/designsupport/standard-plans. 29. When it is necessary to remove any highway right-of-way fence, the posts on either side of the access entrance shall be securely braced with approved end posts and in conformance with CDOT’s M-607-1 standard, before the fence is cut, to prevent slacking of the remaining fence. All materials removed shall be returned to CDOT. Docusign Envelope ID: 76566BE6-A8D5-4912-8C88-D82116F69839 STATE of COLORADO HIGHWAY ACCESS PERMIT ADDITIONAL TERMS and CONDITIONS May 8, 2025 PERMIT No. 325039 Permittee(s): Linda Jo Ventures LLC Location: Garfield County on CO Highway 082A, near Mile Ref. Pt. 8.92 Left 30. It shall be the responsibility of the Permittee to maintain adequate sight distance for this driveway. Trimming of vegetation or trees to maintain adequate sight distance is the sole responsibility of the Permittee. 31. CDOT will determine the extent of inspection services for the work. A daily inspection may be done by CDOT from the time work begins inside the highway right-of way until the job is completed and right-of-way restored to its original condition. 32. CDOT’s plan review is only for general conformance with CDOT design standards and Access Code requirements. CDOT is not responsible for the accuracy and adequacy of the design. All dimensions and elevations shall be confirmed and correlated at the job site. CDOT, through the approval of this document, assumes no responsibility for plan omissions or errors. 33. The CDOT inspector may suspend work due to: 1) Noncompliance with the provisions of this permit; 2) Adverse weather or traffic conditions; 3) Concurrent highway construction or maintenance in conflict with permit work; 4) Any condition deemed unsafe for workers or the general public. The work may be resumed upon notice from the CDOT Inspector. 34. The Permittee, his or her heirs, successors-in-interest, assigns, and occupants of the property serviced by the access shall be responsible for meeting the terms and conditions of the permit. This includes, but is not limited to, the repair and maintenance of the access beyond the edge of the roadway including any cattle guard and gate, and the removal or clearance of snow or ice upon the access even when deposited on the access during CDOT’s snow removal operations per section 2.7 of the Access Code. 35. The Permittee is responsible for the repair and replacement of any access-related culverts within the right-of-way. Within incorporated areas, drainage responsibilities for municipalities are determined by statute and local ordinance. CDOT will maintain the highway including auxiliary lanes upon final acceptance. In cases where the access installation has failed due to improper access construction and/or failure to follow permit requirements and specifications the Permittee shall be responsible for such repair. Any significant repair such as culvert replacement, resurfacing, or changes in design or specifications, requires authorization from CDOT. 36. Any damage to present highway facilities including traffic control devices shall be repaired immediately at no cost to CDOT and prior to continuing other work. 37. During access construction, no construction-related or personal vehicles will be permitted to park in the state highway right-of-way. 38. Any mud or other material tracked, or otherwise deposited, on the roadway shall be removed daily or as ordered by CDOT’s inspector. If mud is an obvious condition during site construction, it is recommended that the contractor build a stabilized construction entrance or scrubber pad at the intended construction access to aid in the removal of mud and debris from vehicle tires. Details of the stabilized construction entrance can be found in the M & S Standards Plan No. M-208-1. 39. A fully executed, complete copy of this permit and the Notice to Proceed must be on the job site with the contractor at all times during the construction. Failure to comply with this or any other construction requirement may result in the immediate suspension of work by order of the CDOT inspector or the issuing authority. Docusign Envelope ID: 76566BE6-A8D5-4912-8C88-D82116F69839 STATE of COLORADO HIGHWAY ACCESS PERMIT ADDITIONAL TERMS and CONDITIONS May 8, 2025 PERMIT No. 325039 Permittee(s): Linda Jo Ventures LLC Location: Garfield County on CO Highway 082A, near Mile Ref. Pt. 8.92 Left 40. No work will be allowed at night, Saturdays, Sundays and legal holidays without prior authorization. CDOT may also restrict work within the state highway right-of-way during adverse weather conditions, seasonal changes and if safety and operational issues occur. 41. The access shall be completed in an expeditious and safe manner and shall be completed within 45 days from initiation of construction within the state highway right-of-way or in accordance with written concurrence of the Access Manager. All construction shall be completed in a single season. 42. All costs associated with any type of utility work will be at the sole responsibility and cost of the Permittee and at no cost to CDOT. 43. Areas of roadway and/or right-of-way disturbed during this installation shall be restored to their original conditions to insure proper strength and stability, drainage and erosion control. Restoration shall meet CDOT’s standard specifications for topsoil, fertilization, mulching, and re- seeding. 44. Permittee is required to complete the construction according to the terms and conditions of the permit prior to using the access. If the access is used prior to CDOT final acceptance, CDOT may suspend or revoke the permit, until construction is completed per the terms and conditions of the permit. 45. Upon the completion of the access (and prior to any use as allowed by this permit), the Applicant shall notify the Access Manager within 10 days to request a final inspection. This request shall include certification that all materials and construction have been completed in accordance with all applicable Department Standards and Specifications; and that the access is constructed in conformance with the State Highway Access Code, 2 CCR 601-1, including this permit. The Engineer of Record as indicated on the construction plans, may be requested by CDOT for this inspection. The access serviced by this permit may not be opened to traffic until written approval has been given from the CDOT Access Manager. 46. If any construction element fails within two years due to improper construction or material specifications, permittee shall be responsible for all repairs. Failure to make such repairs may result in suspension of the permit and closure of the access. Docusign Envelope ID: 76566BE6-A8D5-4912-8C88-D82116F69839 CDOT has a Municipal Separate Storm Sewer System permit, otherwise known as (MS4) from the Colorado Department of Public Health and Environment. The permit states that only stormwater can be discharged from CDOT’s storm drain system As part of the permit, CDOT has several different programs to prevent pollutants from entering into the storm drain system: Construction Site Program New Development Redevelopment Program Illicit Discharge Program Industrial Facilities Program Public Education and Outreach Program Pollution Prevention and Good Housekeeping Program Wet Weather Monitoring Program What is stormwater runoff? Stormwater runoff occurs when precipitation from rain or snowmelt flows over the ground. Impervious surfaces like roads and sidewalks prevent stormwater from naturally soaking into the ground Why is stormwater runoff a problem? Stormwater can pick up debris, chemicals, dirt and other pollutants and flow into CDOT’s storm drain system or directly into a stream, river, lake, wetland or reservoir. Anything that enters CDOT’s storm drain system is discharged untreated into the waterways we use for fishing, swimming, and providing drinking water. For more information on CDOT Utility Permits: https://www.codot.gov/business/permits/utilitie sspecialuse For more information on CDOT Access Permits: https://www.codot.gov/business/permits/access permits For more information on CDOT Water Quality Program: Water Quality Program Manager 4201 E. Arkansas Ave. Shumate Building Denver, Colorado 80222 303‐757‐9343 Water Quality Program Industrial Facilities Program Dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash, chemical waste, biological nutrient, biological material, radioactive material, heat, pH, wrecked or discarded equipment, rock, sand, any industrial, municipal, or agricultural waste. Tips for Reporting an Illicit Discharge Call the illicit discharge hotline at (303) 512‐4426 From a safe distance try to estimate the amount of the discharge. Identify characteristics of the discharge (color, odor, algae, etc.). Obtain information on the vehicle dumping the waste (if applicable). Do not approach! Call *CSP for illicit dumping. If possible, take a photo, record a license plate. REMEMBER: Never get too close to the illicit discharge, it may be dangerous!!! Docusign Envelope ID: 76566BE6-A8D5-4912-8C88-D82116F69839 Industrial Facilities Program Elements: 1. Educate and outreach to owners or operators that have potential to contribute substantial pollutant to water. 2. Report and include information on discharge and water quality concerns. Provide written notification within 15 days of discovery to CDPHE. 3. Submit an annual report to CDPHE containing the number of informational brochures distributed; name and title of each individual trained. Education There are instances when a utility company or other entity doing work in the state highway right‐of‐way will require some type of environmental permit or clearance for that work. CDOT has put together an Environmental Clearances Information Summary for those applying for a CDOT Utility and Special Use Permit or Access Permit to obtain all required clearances. This fact sheet is given to each permittee and is available at: http://www.coloradodot.info/programs/ environmental/resources/guidance- standards/Environmental%20Clearances% 20Info%20Summary.pdf Industrial facilities can use control measures (CM) otherwise known as Best Management Practices (BMP) during the construction of a facility and when operating the facility. Control measures are schedules of activities, maintenance procedures, and other management practices to prevent and reduce pollution entering into CDOT’s storm drain system. Control Measures also include treatment, operating procedures, and practices to control site run off which can include structural and non‐structural controls. Control Measures for Industrial Facilities CDOT defines a utility, or utility facility as any privately, publicly, or cooperatively owned line, facility, or system producing, transmitting or distributing the following: Communications Cable television Power Electricity Light Heat Gas Oil Crude Products Water Stream Waste Stormwater not connected with highway drainage Similar Commodity Docusign Envelope ID: 76566BE6-A8D5-4912-8C88-D82116F69839 Environmental Clearances Information Summary Page 1 of 3 Colorado Department of Transportation July 2020 COLORADO DEPARTMENT OF TRANSPORTATION Environmental Clearances Information Summary PURPOSE - This summary is intended to inform entities external to CDOT that may be entering the state highway right-of-way to perform work related to their own facilities (such as Utility, Special Use or Access Permittees), about some of the more commonly encountered environmental permits/clearances that may apply to their activities. This listing is not all-inclusive—additional environmental or cultural resource permits/clearances may be required in certain instances. Appropriate local, state and federal agencies should be contacted for additional information if there is any uncertainty about what permits/clearances are required for a specific activity. IMPORTANT: Please Review The Following Information Carefully – Failure to Comply With Regulatory Requirements May Result In Suspension or Revocation of Your CDOT Permit, Or Enforcement Actions By Other Agencies. CLEARANCE CONTACTS - As indicated in the permit/clearance descriptions listed below, the following agencies may be contacted for additional information: • Colorado Department of Public Health and Environment (CDPHE): General Information – (303) 692-2000 Water Quality Control Division (WQCD): (303) 692-3500 Environmental Permitting Website https://www.colorado.gov/pacific/cdphe/all-permits • CDOT Water Quality Program Manager: (303) 512-4053 https://www.codot.gov/programs/environmental/water-quality • CDOT Asbestos Project Manager: (303) 512-5519 • Colorado Office of Archaeology and Historic Preservation: (303) 866-5216 • U.S. Army Corps of Engineers, District Regulatory Offices: Omaha District (Northeastern CO), Denver Office (303) 979-4120 http://www.nwo.usace.army.mil/Missions/RegulatoryProgram/Colorado.aspx Sacramento District (Western CO), Grand Junction Office (970) 243-1199 http://www.spk.usace.army.mil/Missions/Regulatory.aspx Albuquerque District (Southeastern CO), Pueblo Office (719) 543-9459 http://www.spa.usace.army.mil/Missions/RegulatoryProgramandPermits.aspx • CDOT Utilities, Special Use and Access Permitting: (303) 757-9654 https://www.codot.gov/business/permits Wildlife Resources - Disturbance of wildlife shall be avoided to the maximum extent practicable. Entry into areas of known or suspected threatened or endangered species habitat requires special authorization from the CDOT permitting office. If any threatened or endangered species are encountered during the progress of the permitted work, work in the subject area shall be halted and the CDOT Regional Permitting Office and Region Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Information about threatened or endangered species may be obtained from the CDOT website, http://www.codot.gov/programs/environmental/wildlife/guidelines, or the Colorado Parks and Wildlife (CPW) website, http://www.cpw.state.co.us/learn/Pages/SOC-ThreatenedEndangeredList.aspx. Additional guidance may be provided by the appropriate Region Planning and Environmental Manager (RPEM). Cultural Resources - The applicant must request a file search of the permit area through the Colorado Office of Archaeology and Historic Preservation (OAHP), Denver, to ascertain if historic or archaeological resources have previously been identified (https://www.historycolorado.org/file-access; 303-866-5216). Inventory of the permit area by a qualified cultural resources specialist may be necessary, per the recommendation of CDOT. If archaeological sites/artifacts or historic resources are encountered as the project progresses, all work in the subject area shall be halted and the CDOT Regional Permitting Office and Region Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office and RPEM. Paleontological Resources - The level of effort required for paleontological resources is dependent on the amount of ground disturbance, including rock scaling, digging, trenching, boring, ground leveling, and similar activities. • If the permit will involve extensive ground disturbance (generally involving more than one mile of CDOT ROW), a full review will be required by a qualified paleontologist, including map, file, and locality searches, with final recommendations provided by the CDOT paleontologist upon receipt of the report. Based on results of the review, a survey or inventory of the permit area may be necessary. • If the permit will involve a small amount of ground disturbance (less than one mile of ROW), the applicant must request a fossil locality search through the University of Colorado Museum of Natural History (https://www.colorado.edu/cumuseum/research- collections/paleontology/policies-procedure) and the Denver Museum of Nature and Science (https://www.dmns.org/science/earth-sciences/earth-sciences-collections/). The museum collections manager will provide information about localities in the project area. If there are no known localities, the permit requirement for paleontology is complete upon submitting that information to CDOT. If there are known localities, the CDOT paleontologist will be contacted by the museum with details, and additional recommendations will be made if necessary. Note that museum staff are not required to disclose the details of fossil localities to the permit applicant, nor is detailed locality information required for the permit application to proceed. • If the permit does not involve ground disturbance, no action is required for paleontological resources. If fossils are encountered during the permitted action, all work in the immediate area of the find should stop and the CDOT Staff Paleontologist and the Region Environmental Manager should be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office in the Permit Special Provisions. Contact Information: See the museum websites listed above. The CDOT Paleontologist is not able to conduct locality searches independently. For further information contact CDOT Paleontologist Nicole Peavey at nicole.peavey@state.co.us or (303) 757-9632. Docusign Envelope ID: 76566BE6-A8D5-4912-8C88-D82116F69839 Environmental Clearances Information Summary Page 2 of 3 Colorado Department of Transportation July 2020 Hazardous Materials, Solid Waste - The Solid Wastes Disposal Sites and Facilities Act C.R.S. 30-20-100, et al, and Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), prohibit solid waste disposal without an approved Certificate of Designation (a landfill permit). The Colorado Hazardous Waste Act C.R.S. 25-15-301 et al, and the Colorado Hazardous Waste Regulations (6 CCR 1007-3) prohibit the transfer, storage or disposal (TSD) of hazardous waste except at permitted TSD sites. There are no permitted landfills or TSD sites within the State Highway Right of Way. Therefore, all solid or hazardous wastes that might be generated by the activities of entities entering the State Highway Right of Way must be removed from the ROW and disposed of at a permitted facility or designated collection point (e.g., for solid waste, a utility or construction company’s own dumpster). If pre-existing solid waste or hazardous materials contamination (including oil or petroleum contaminated soil, asbestos, chemicals, mine tailings, etc.) is encountered during the performance of work, the permittee shall halt work in the affected area and immediately contact the CDOT Regional Permitting Office for direction as to how to proceed. Contact Information: Theresa Santangelo-Dreiling, CDOT Hazardous Materials Management Supervisor: (303) 512-5524. Asbestos Containing Materials, Asbestos Contaminated Soil - All work on asbestos containing materials (ACM) must comply with the applicable requirements of the CDPHE Air Pollution Control Division’s (APCD) Regulation 8. Disposal of ACM, and work done in asbestos-contaminated soil, must comply with the CDPHE Hazardous Materials and Waste Management Division’s (HMWMD) Solid Waste Regulations. The application for any CDOT permit must specifically identify any ACM involved in the work for which authorization is being requested. Additional guidance or requirements may be specified in the permit special provisions. Contact Info: CDPHE APCD and HMWMD Regulations can be accessed via the CDPHE Environmental Permitting Website listed above. Additional information concerning clearance on CDOT projects is available from the CDOT Asbestos Project Manager (303) 949-2729, or Theresa Santangelo-Dreiling, Hazardous Materials Management Supervisor: (303) 512-5524. Transportation of Hazardous Materials - No person may offer or accept a hazardous material for transportation in commerce unless that person is registered in conformance with the United States Department of Transportation regulations at 49 CFR, Part 171. The hazardous material must be properly classed, described, packaged, marked, labeled, and in condition for shipment as required or authorized by applicable requirements, or an exemption, approval or registration has been issued. Vehicles requiring a placard, must obtain authorization and a State HAZMAT Permit from the Colorado Public Utilities Commission. Contact Information: For authorization and more info call the Federal Motor Safety Carrier Administration, US DOT for inter- and intra- state HAZMAT Registration (303) 969-6748. Colorado Public Utilities Commission: (303) 894-2868. Discharge of Dredged or Fill Material – 404 Permits Administered By the U.S. Army Corps of Engineers, and Section 401 Water Quality Certifications Issued by the CDPHE WQCD - Clean Water Act section 404 permits are often required for the discharge of dredged or fill material into waters of the U.S., including wetlands. Several types of section 404 permits exist, including nationwide, regional general, and individual permits. Nationwide permits are the most commonly authorized type for activities with relatively minor impacts. If an individual 404 permit is required, section 401 water quality certification from the CDPHE WQCD is also required. Contact the appropriate Corps District Regulatory Office for information about what type of 404 permit may be required (contact information above). Contact the CDPHE Water Quality Control Division at (303) 692-3500. Working on or in any stream or its bank - In order to protect and preserve the state’s fish and wildlife resources from actions that may obstruct, diminish, destroy, change, modify, or vary a natural existing stream or its banks or tributaries, it may be necessary to obtain a Senate Bill 40 certification from the Colorado Department of Natural Resources. A stream is defined as 1) represented by a solid blue line on USGS 7.5’ quadrangle maps; and/or 2) intermittent streams providing live water beneficial to fish and wildlife; and/or 3) segments of streams supporting 25% or more cover within 100 yards upstream or downstream of the project; and/or 4) segments of streams having wetlands present within 200 yards upstream or downstream of the project measured by valley length. The CPW application, as per guidelines agreed upon by CDOT and CPW, can be accessed at https://www.codot.gov/programs/environmental/wildlife/guidelines. Erosion and Sediment Control Practices - Any activities that disturb one or more acres of land require a Stormwater Construction Permit (SCP) from the CDPHE-WQCD. Erosion & sediment control requirements will be specified in that permit. In situations where a stormwater permit is not required, all reasonable erosion and sediment control measures should be taken to minimize erosion and sedimentation. Control practices should be in accordance with CDOT Standard Specifications 107.25, 208, 213 and 216 (https://www.codot.gov/business/designsupport/cdot-construction-specifications). The CDOT Erosion Control and Stormwater Quality Guide (website: https://www.codot.gov/programs/environmental/landscape-architecture/erosion-storm-quality) can also be used to design erosion/sediment controls. Contact Information: Contact the CDPHE-WQCD at (303) 692-3500. Website: https://www.colorado.gov/pacific/cdphe/wq-construction-general-permits Site Stabilization - All disturbances require a stabilization plan, native seeding or landscape design plan according to applicable CDOT Standard Specifications 212-217 and 623. The CDOT Erosion Control and Stormwater Quality Guide should also be used to plan restoration of disturbed vegetation. Website: https://www.codot.gov/programs/environmental/landscape- architecture/erosion-storm-quality Stormwater Discharge From Industrial Facilities - Discharges of stormwater runoff from certain types of industrial facilities, such as concrete batch plants - require a CDPS Stormwater Permit. Contact Information: Contact the CDPHE-WQCD at (303) 692- 3500. Website: https://colorado.gov/pacific/cdphe/wq-commerce-and-industry-permits Concrete Washout - Waste generated from concrete activities shall NOT be allowed to flow into the drainage ways, inlets, receiving waters, or in the CDOT ROW. Concrete waste shall be placed in a temporary concrete washout facility and must be located a minimum of 50 feet from state waters, drainageways, and inlets. Concrete washout shall be in accordance to CDOT specifications and guidelines at https://www.codot.gov/business/designsupport/cdot-construction-specifications and refer to the specifications and their revisions for sections 101, 107 and 208. Construction Dewatering (Discharge or Infiltration) and Remediation Activities - Discharges of water encountered during excavation or work in wet areas may require a Construction Dewatering or Remediation Activities Discharge Permit. Contact Docusign Envelope ID: 76566BE6-A8D5-4912-8C88-D82116F69839 Environmental Clearances Information Summary Page 3 of 3 Colorado Department of Transportation July 2020 Information: Contact the CDPHE-WQCD at (303) 692-3500. For Applications and Instructions: https://www.colorado.gov/pacific/cdphe/wq-construction-general-permits. Municipal Separate Storm Sewer System (MS4) Requirements - When working in a MS4 area, discharges to the storm sewer system are subject to CDOT’s or other municipalities’ MS4 Permit. For activities within the boundaries of a municipality that has a MS4 permit, the owner of such activity should contact the municipality regarding stormwater related requirements. All discharges to the CDOT highway drainage system or within the Right of Way (ROW) must comply with the applicable provisions of the Colorado Water Quality Control Act, the Water Quality Control Commission (WQCC) Regulations (https://www.colorado.gov/pacific/cdphe/wqcc-regulations-and-policies-and-water-quality-statutes) and the CDOT MS4 Permit #COS-000005 (https://www.codot.gov/programs/environmental/water-quality/documents). Discharges are subject to inspection by CDOT and CDPHE. For CDOT-related MS4 programs and requirements, go to: https://www.codot.gov/programs/environmental/water-quality/stormwater-programs. Post-Construction Permanent Water Quality - When working in a CDOT MS4 area and the activity disturbs one or more acres, permanent water quality control measures may be required. Information on the requirements can be found under the CDOT Permanent Water Quality MS4 Program at: https://www.codot.gov/programs/environmental/water-quality/stormwater- programs/pwq-permanent-water-quality Discharges to Storm Sewer Systems Prohibited Discharges - All discharges are subject to the provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations. Prohibited discharges include, but are not limited to, substances such as wash water, paint, automotive fluids, solvents, oils or soaps and sediment. Allowable Discharges - The following discharges to stormwater systems are allowed without a permit from the CDPHE-WQCD: landscape irrigation, diverted stream flows, uncontaminated ground water infiltration to separate storm sewers, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, uncontaminated springs, footing drains, water line flushing, flows from riparian habitats and wetlands, and flow from firefighting activities. Contact Information: Contact the CDPHE-WQCD at (303) 692-3500. Information can also be found in the CDOT Illicit Discharge MS4 Program PDD at: https://www.codot.gov/programs/environmental/water-quality/stormwater-programs/idde.html. Spill Reporting - Spills shall be contained and cleaned up as soon as possible. Spills shall NOT be washed down into the storm drain or buried. All spills shall be reported to the CDOT Illicit Discharge Hotline at (303) 512-4426 (4H20), as well as the Regional Permitting Office and Regional Maintenance Supervisor. Spills on highways, into waterways, any spill in the highway right-of-way exceeding 25 gallons, or that may otherwise present an immediate danger to the public shall be reported by calling 911, and shall also be reported to the CDPHE at 1-877-518-5608. More information can be found at https://www.colorado.gov/pacific/cdphe/emergency-reporting-line. Disposal of Drilling Fluids - Drilling fluids used in operations such as Horizontal Directional Drilling may be classified as “discharges” or “solid wastes,” and in general, should be pumped or vacuumed from the construction area, removed from the State Highway Right of Way, and disposed of at permitted facilities that specifically accept such wastes. Disposal of drilling fluids into storm drains, storm sewers, roadside ditches or any other type of man-made or natural waterway is prohibited by Water Quality Control and/or Solid Waste regulations. Small quantities of drilling fluid solids (less than 1 cubic yard of solids) may be left on-site after either being separated from fluids or after infiltration of the water, provided: 1) the drilling fluid consists of only water and bentonite clay, or, if required for proper drilling properties, small quantities of polymer additives that are approved for use in drinking water well drilling; 2) the solids are fully contained in a pit, and are not likely to pose a nuisance to future work in the area, 3) the solids are covered and the area restored as required by CDOT permit requirements (Utility, Special Use, or Access Permits, etc.). Contact Information: Contact CDPHE (telephone #’s listed above). Noxious Weeds and Invasive Species Management Plan - Noxious Weeds and Invasive Species guidance can be found by contacting the Colorado Department of Agriculture (https://www.colorado.gov/pacific/agconservation/noxiousweeds) and the Colorado Division of Parks and Wildlife (http://cpw.state.co.us/aboutus/Pages/RS-NoxiousWeeds.aspx). In either case, management plans involving the control of noxious weeds associated with the permitted activity and cleaning of equipment will be required. Docusign Envelope ID: 76566BE6-A8D5-4912-8C88-D82116F69839 Linda Jo Ventures LLC (Brian Steele) 110 Haystack Rd. Glenwood Springs, CO 81601 970-379-2388 b.steele@sandsgcllc.com TurnKey Consulting LLC, Skip Hudson 2667 Amber Spring Way Grand Junction, CO 81506 970-314-4888 skip@skiphudson.com TBD Hwy 82 Garfield n/a Lot 12 18 n/a 7 S 88 W SH-82 Frontage Rd. MP 8.92 L 0 XX x 5,500 Cattle Creek Rd. Summer 2025 X X varies Vacant undeveloped land Permit # 325022 was offered by CDOT but never signed Surrounded by BLM land X X X N/A Contractor Shop 2,400 varies varies Varies 4 vph X Docusign Envelope ID: 76566BE6-A8D5-4912-8C88-D82116F69839 Skip Hudson 04-16-25 Brian Steele 04/25/2025 Docusign Envelope ID: 76566BE6-A8D5-4912-8C88-D82116F69839 900 ft N ➤➤ N Docusign Envelope ID: 76566BE6-A8D5-4912-8C88-D82116F69839