Loading...
HomeMy WebLinkAbout1.00 General Application MaterialsIle Garfield Count, Community Development Department 108 8th Street, Suite 401 20 jGlenwood Springs, CO 81601 .-� Y (970) 945-8212 GAi?=`ELLL?UW arfield-coun .com CCi�u' �Ji1lTy DEVC�D , , DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION Minor Subdivision 0 Preliminary Plan Amendment Major Subdivision [] Final Plat Amendment Sketch =Preliminary=Final Common Interest Community Subdivision 0 Conservation Subdivision Public/County Road Split Exemption 0 Yield =Sketch =Preliminary=Final 0 Rural Land Development Exemption Q Time Extension 0 Basic Correction Exemption INVOLVED PARTIES Owner/Applicant / Name: f letA G 2 " 0- -4' f y it P PnPhone: MailingAddress: City: /VCvri CCU State: Zip Code: E-mail: t4l ^1 A ,C'e, -2 tK6- Representative (Authorization Required) Name: Mailing Address: City: E-mail: PROJECT NAME AND LOCATION Phone:( ) State: Zip Code: Project Name: Ifi • e," A D Assessor's Parcel Number: Physical/Street Address: rlr �o A d Legal Description: I Z}� ../� Zone Listing and Mailing Addresses of Mineral Owners and Lessees Garfield County Parcel No. 21833200011 L LBtiQn: E1/2NE1/4, NE1/4SE1/4 in Section 31, and W1/2NW1/4, Sec. 32, Twp. 6. South Rng. 90 West of the 6th P.M. Mineral w s: Donald J Trisch (deceased) through executor of will Chris (Harold) G. Trisch 231 D. St., Unit C Davis, CA 95616 Mineral Ealat LbeB*ae: None, due to expiration of oil and gas Lease between Donald J. Trisch and Linda L. Trisch and Williams Production RMT Company, dated December 1, 2009 resultingfrom non -production. Locati m._W1/2W1/4, Sec. 32, Twp. 6 South, Rng, 90 West of the 6th P.M. Mineral Estate Owner: United States of America C/O Bureau of Land Management 1 Denver Federal Center, Building 40 Lakewood, CO 80125 NlDe_ral. LP,ase Lessee: Oxy USA, Inc (or Assignee) 5 Greenway Plaza, Suite 110 Houston, TX 77046-0521 Per BLM Oil and Gas Lease Serial No. 065513 10/2/25, 9:24 AM Garfield County Land Explorer Garfield County Land Explorer Parcel Physical Address Owner Account um Mailing Address 7398 312 COUNTY RD NEW RICHARDSON, GERALD L & R017251 7398 COUNTY ROAD 312 NEW CASTLE, 218329300049 CASTLE KATHERINE A CO 81647-9633 218329300056 7342 312 COUNTY RD NEW STOTT, LONNIE R & STACEY L R170277 251 EMMA ROAD BASALT, CO 81621 CASTLE 218331100089 7225 312 COUNTY RD NEW ELM, TAYLOR M & JAMIE L R083799 7225 COUNTY ROAD 312 NEW CASTLE, CO 81647 CASTLE 2300 RIVER FRONTAGE ROAD SILT, CO 218331100956 Not available NEW CASTLE BUREAU OF LAND MANAGEMENT R170322 81652 2300 RIVER FRONTAGE ROAD SILT, CO 218331100956 Not available NEW CASTLE BUREAU OF LAND MANAGEMENT R170322 81652 218332200011 7315 312 COUNTY RD NEW RINGER, SYLVIA M & MATTHEW M R017214 7315 COUNTY ROAD 312 NEW CASTLE, CO 81647 CASTLE 218332200015 7518 312 COUNTY RD NEW HANKS, LESTER R & SARA LEE R017012 7518 COUNTY ROAD 312 NEW CASTLE, CASTLE CO 81647 7625 312 COUNTY RD NEW WALTER, DIANNA G & BILSTAD, R006464 7625 COUNTY ROAD 312 NEW CASTLE, 218332200078 CASTLE DANNY J CO 81647 218332200082 7550 312 COUNTY RD NEW REEDJOHN K &GIBBON, MARY L , R007961 7550 COUNTY ROAD 312 NEW CASTLE, CO 81647 CASTLE 312 COUNTY RD NEW REED, JOHN K TRUST & GIBSON, R007962 7550 COUNTY ROAD 312 NEW CASTLE, 218332200083 CASTLE MARY L TRUST CO 81647 218332300077 Not available NEW CASTLE APPLETON, JOSHUA M & ASHLIE M R005748 PO BOX 430 NEW CASTLE, CO 81647 2300 RIVER FRONTAGE ROAD SILT, CO 218332300958 Not available NEW CASTLE BUREAU OF LAND MANAGEMENT R170324 81652 about:blank 1/1 Matthew and Sylvia Ringer, owners of Parcel 218332200011, request approval to split 2.131 acres from their agricultural property in Pursuant to Section 5-202: Public/County Road Split Exemption of the Garfield County Land Use and Development Code (LUDC). The area proposed for subdivision is separated from the primary parcel by County Road 312. The larger parcel excluding the 2.131 acres is 240-acres and is protected under a perpetual conservation easement held by Aspen Valley Land Trust (AVLT). A home, an agricultural barn and additional dwelling unit exist within a 5 acre building envelope. The AVLT easement prohibits further subdivision into 35-acre lots. Creating a separate parcel of the 2.131 acre would allow for appropriate and practical use of this land and meet the criteria of the LUDC 5-202 of "any parcel of land split by a local or county road......... where the location of the public or County right-of-way prevents joint use of the proposed lots". LUDC Part "C" of Section 5-202 Review Criteria: 1. The right-of-way prevents joint use of affected proposed lots. Response: Because the 2.131-acre portion is physically separated by the county road, it cannot reasonably support agricultural operations consistent with the main parcel for the reasons as stated below: Irrigation limitations: County Road 312 physically separates the 2.131 acres from the larger irrigated hay field, preventing access to the ditches (Belodi Creek/Schoolhouse Ditch and Starbuck Ditch) used for irrigation. As a result, this portion of land cannot be effectively watered for hay or crop production. Restricted livestock access: The 2.131-acre area is not connected to the fenced portion of the main parcel, limiting its use for rotational grazing. Livestock cannot access Garfield Creek —an important water source that flows through the separated acreage —and must instead rely on other water sources located elsewhere on the property. No containment for livestock: Because the 2.131-acre area does not have continuous fencing connecting to the larger adjacent lot, it cannot be used to contain or manage livestock, further limiting its compatibility with the agricultural operations of the main parcel. The County road prevents the ability to provide a continuous livestock fence to utilize the parcel. 2. The proposed exemption lots have sufficient legal and physical source of water pursuant to section 7-104, Source of Water. Response. Yes. Domestic water and wastewater services for the 2.131-acre parcel will be provided by an on -site restricted "in-house only" permitted well. A 2016 report and site plan from a licensed engineering firm confirm the feasibility of a well providing health, convenience, order, prosperity, and welfare of the citizens of Garfield County" was not met in 2016 is not indicative of the facts of our proposal for 2025. There are no tangible reasons why our proposal would harm any neighbors or Garfield County citizens. The reasoning outlined in statement 3 of the denial, again, does not appear to reflect the facts as presented in the Director's decision where the application was approved as have met all of the LUDC 5-202 criteria. It is unclear how the BOCC arrived at a conclusion that differs from the evidence provided and we ask that we have a chance to respond to any missing arguments explaining this supposed potential harm to others. As private landowners acting within legal boundaries, we see no credible basis to suggest that this proposal would negatively affect neighboring properties, especially in regard to today' status, which again, meets the criteria of LUDC 5-202. Regarding part 4 of the denial, the BOCC's view that the county road does not prevent joint use of the lot contrasts with both the Director's findings and the documented circumstances detailed in our application. Our current situation meets all the criteria of the LUDC 5-202. The Young and Hess Ditch, crossing a portion of the 2.131-acre area, is jointly owned by two neighboring property owners. Over the past decade, no access or maintenance issues have been reported. There is no indication that subdividing the lot or future development would restrict access to the ditch or damage the ditch. If necessary, the short ditch segment could be piped, which would eliminate any potential access or maintenance concerns and could even enhance functionality. We respectfully request that our proposal be reviewed fairly and objectively, in accordance with the criteria outlined in the Land Use and Development Code (LUDC). Sincerely, Matthew and Sylvia Ringer EC.` --Garfield County 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. § 24-65.5-201, 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 tif, s //4"d77 G T.sl, -Ger, d 2 / D, 5�..`Y f]s.r./ram%J. �.isfi ��ce �� ;,..'/u�- �cca.,`s . 9�- 6 44 e, CFI J �i n,'I S A / ❑ m ai . b 0 T I4 aeruj /_ A - ..,";:I GG 2 `r I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the LUDC. a Applicant's Signature J Date Garfield County Community Development Department 108 8t' Street, Suite 401 Glenwood Springs, CO 81601 (970) 946-8212 TAX PARCEL NUMBER: 218332200011 DATE: 5/1/2025 PROJECT: Ringer Road Split Exemption OWNERS: Matthew and Sylvia Ringer CONTACT/REPRESENTATIVE: Matthew Ringer PRACTICAL LOCATION: 7315 County Road 312 TYPE OF APPLICATION: Public or County Road Split Exemption ZONING: Rural COMPREHENSIVE PLAN: Residential Medium High GENERAL PROJECT DESCRIPTION The applicant is proposing to split 2.2 acres from a larger parcel of 242 aces, now known as parcel number 218332200011. The 2.2 acre proposed parcel is split off of the 240 aces by County Road 312. The remaining 240-acre parcel has been placed in a conservation easement with Aspen Valley Land Trust. The easement excludes a 5-acre building envelope around the primary home on the property. The easement also prohibits the separation of the easement into 35 acre lots. The property includes irrigated fields used for grazing and hay production. The portion of the property proposed to be split off is separated by County Road 312 and this separation prevents irrigation from the Bellodi Creek/Schoolhouse Ditch and Starbuck Ditch that the owners have irrigation rights too. An intermittent ditch runs through the proposed 2.2-acre parcel. Subject property The 2.2 acres separated by County Road 312 currently has a wildlife enclosure that is intermittently used for hay storage. The enclosure is proposed to be moved to the building parcel envelope on the 240 acres to better accommodate its use by the owners. The owners indicated that the 2.2-acre parcel will continue to be treated for weeds and harvested for hay or other crops if rain warrants growth. 2 Corner, 3-114" Diameter Aluminum C,ap .Between Secti, LS No. 19595 in Ply. 11� ® 3-114" Diameter �i LS No. 3657. �,, A --3 89°18'31" ..1314.33' �� ::r- a I County Road --I -0I II No. 31.2 'D46 46 I I ; i (Garfz$ld creek Rci.) �'N Apparent --- Access and Right -of way Agreement Book 1658, Page 345 11l c % ' Northwest 1 16 Comer Section 32 3.114" Diameter Aluminum Cap LS No. 19598 in Place I Q Q The owners have conducted engineering that validates that a well and OWTS system are feasible on the proposed parcel. This information, by way of technical studies and or reports, should be provided with the application. In 2016 a road split exemption was approved by Directors Decision. This approval with conditions was called up by a adjacent neighbor for the BOCC to review. Resolution 2016- 50 reversed the approval of the exemption after review by the BOCC. It is recommended 3 that the applicant address concerns brought be the neighbors and issues reviewed by the BOCC. A road split exemption could be used to create the separate lots, however, the portion of the parcel south west of CR 312 will be considered a platted lot. The entirety of the parcel will need to be included in the survey and application. Submittal requirements for a road split exemption are listed below. Road Split Exemption's have specific review criteria found in Section 5-202 of the Land Use and Development Code (LUDC). The application should address these criteria and include full Water Supply Plans and Wastewater Management plans to address items 2 and 3 of that section. If a parcel has significant environmental constraints, such as slopes, building envelopes or geo technical analysis may be required to satisfy standards such as (but not limited to) Sections 7-203 and 7-207. II. COMPREHENSIVE PLAN The application will need to demonstrate conformance with the Comprehensive Plan's visions and goals. III. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The following Sections of the Garfield Land Use and Development Code as amended apply to the Application: • Section 5-202 Public/County Road Split Exemption • Table 5-103 Common Review Procedures and Required Notice • Table 5-401 Submittal Requirements • Section 5-402 Description of Submittal Requirements including requirements for a Final Plat • Section 4-103 Administrative Review and Section 4-101 Common Review Procedures • Article 7, Divisions 1, 2, 3, and 4 as applicable • All Waiver requests shall be clearly requested and include responses to the review criteria of the appropriate section, Section 4-118 for Waiver of Standard requests and Section 4-202 for Waiver of Submittal requirement requests. IV. SUBMITTAL REQUIREMENTS As a convenience below is an outline of information typically required for a road split exemption. Table 5-401 lists the specific application submittal criteria. The following can function as a checklist for your submittal. Please see the Land Use and Development Code for details. Use this link to access the LUDC's webpage. 4 htts://www. aff(eld-count .corn/communi-develo mentJland-use-code/ ❑ General Application Materials including the Application Form (signed), payment of Fees and signed Payment Agreement Form (see attached). o A narrative describing the request and related information. o Proof of ownership o Title Commitment o A Statement of Authority for parcels owned by an LLC or similar agency. o A Letter of Authorization is required if an owner intends to have a representative complete the Application and processing. o Names and mailing addresses of property owners within 200 ft. of the subject property from Assessor's Office Records. o Mineral rights ownership for the subject property, including mailing address and/or statement on mineral rights research (see attached). o Copy of the Preapplication Summary needs to be submitted with the Application. ❑ Vicinity Map ❑ Site Plan ❑ Water Supply/Distribution Plan ❑ Wastewater Management Plan ❑ The Final Plat showing all parcels and lots lines. All easements shall be shown and labelled, and a purpose statement and plat notes included for review. ❑ All required certificates (signature blocks) shall be included on the plat. ❑ If there are improvements on the property, improvement location information/survey information shall be provided to confirm that no non -conforming conditions will result from the road split exemption. ❑ Copy of any covenants on the property or reference to recording information for the covenants. ❑ The Application should address Article 7, Divisions 1-4 and any applicable subsections. Community Development Staff is available to meet with the Applicant to provide additional information and clarification on any of the submittal requirements and waiver requests. V. REVIEW PROCESS Call -Up for review by the Board in accordance with the procedures and review process contained in Section 4-112. y u Staff will review the application for completeness. Upon determining completeness, staff will forward the application to referral agencies for additional technical review. Staff will review the application and submit a staff report to the director for their Decision. Public Hearing(s): 0 No Public Hearing, Directors Decision (with notice per code) Garfield County Public or County Road Split Exemption Review Process (Section 5-202) •Applicant has 6 months to submit application Application Step 3: Completenes-s Review *10business days to review elf Incomplete, 60 days to remedy deficiencies Step 4: Schedule Decision Date and Provide Notice Waited to adjacent property owners Within 200 feet and mineral owners at least 15 days prior to decision date Step 5: Referral 0 21 day comment period Step 6: Evalution by Director gcaI up Period , within 14 days of Director's Decision -Applicant has 1 year to meet any conditions of approval 0 Planning Commission Board of County Commissioners Board of Adjustment Referral Agencies: May include but is not limited to: Garfield County Surveyor, Garfield County Attorney, Aspen Valley Land Trust, Garfield Road and Bridge, Garfield County Environmental Health, Garfield County Consulting Engineer, Colorado Parks and Wildlife, Ditch Companies, Local Fire District, Colorado Geological Survey. VI. APPLICATION REVIEW FEES Planning Review Fees: $300 Referral Agency Fees: $na ($600 Colo.Geological Survey - others TBD) Total Deposit: $300(additional hours are billed at hourly rate of $40.60) 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. Pro -application Summary Prepared b John Leybourne, Planner III 5/1 /2025 Date 7 EC -Garfield Cou1:1:07:1 C'ERTJFICATJON OF .AM'EPAL OWNER RESE ARC'H 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(li)(1)(b)(4) requires written notice to owners of mineral interests in the subject property in accordance with C.R.S. § 24-6S.5-101, et sect, "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(g)(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 fallowing (Please Initial an 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): 1 acknowledge I reviewed C.R.S. § 14-65.5.101, et seq, and I am In compliance with said statue and the LUDC. Applicant's Signature Date a Garfield County MEMORANDUM TO: Staff FROM: County Attorney's Office DATE: June 24, 2014 RE: Mineral Interest Research Mineral interests may be severed from surface right interests in real property. Colorado revised statute 24.65.5.103 requires notification to mineral owners when a landowner applies for a land use designation by 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 "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." It is the duty of the applicant to notify mineral interest owners. The following is a suggested process to research mineral interests: 1. Review the current ownership deed for the property (i.e. Warranty Deed, Special Warranty, Quit Claim Deed or Bargain and Sale Deed —NOT a Deed of Trust). The ownership deed is usually one or two pages. Is there a reservation of mineral interests on the ownership deed? Are there any exceptions to title? A deed may include a list of reservations that reference mineral owners or oil and gas leases. 2. Review your title insurance policy. Are there exceptions to title listed under Schedule I3- II? If so, review for mineral interests that were reserved and oil and gas leases. 3. Check with the Assessor's office to determine if a mineral interest has been reserved from the subject property. The Assessor's office no longer documents the mineral reservation ownership for its tax roll records unless ownership has been proven. There are only a limited number of mineral owners who have provided such information to the Assessor's office so this may not provide any information, depending on your property. 7 Mom0 June 24, 2014 Page 2 4. Research the legal description of the subject property with the Clerk and Recorder's computer. You can search the Section, Township, and Range of the subject property. You may find deeds for mineral interests for the subject property. 5. Research whether a Notice of Mineral Estatc Ownership was filed for the subject property. On the Clerk and Recorder's computer, search under Filter (on the right hand side of the screen), General Recordings, Notice of Mineral Estate Ownership for the subject property. 5. If you find mineral interest owners as reservations on your deed, listed in your title insurance policy, from the Assessor's records or the Clerk and Recorder's computer, you need to determine whether these mineral interests were transferred by deed and recorded in the Clerk and Recorder's office. 7. Enter the name of the mineral interest owner as the Grantor in the Clerk and Recorder's computer to see if the mineral interest was transferred. If you find a transfer deed, you need to repeat this process to follow any transfer of the mineral interest to present day. 8. Include a description of your research process in your application and the name(s) and address(es) of the current mineral interest owner(s). Mineral interest research can be a difficult and time consuming process. If you are unable to determine mineral rights ownership by yourself, consider hiring an attorney or Landman. Attorneys and landmen specialize in determining mineral rights ownership, but they charge a fee for their services. 10 MT`M0 June 24, 2014 Page 2 4. Research the legal description of the subject property with the Clerk and Recorder's computer. You can search the Section. Township_ and Ranan of tha gI1hiPrt "rnnrrty Matthew and Sylvia Ringer, owners of Parcel 218332200011, request approval to split 2.131 acres from their agricultural property in Pursuant to Section 5-202: Public/County Road Split Exemption of the Garfield County Land Use and Development Code (LUDC). The area proposed for subdivision is separated from the primary parcel by County Road 312. The original 240-acre property, excluding a 5-acre building envelope around the existing residence, is protected under a perpetual conservation easement held by Aspen Valley Land Trust. This easement prohibits further subdivision into 35-acre lots. Creating a distinct parcel would allow for appropriate and practical use of this land while maintaining compliance with all conservation and land use requirements. Because the 2.131-acre portion is physically separated by the county road, it cannot reasonably support agricultural operations consistent with the main parcel for the reasons as stated below: • Irrigation limitations: County Road 312 physically separates the 2.131 acres from the larger irrigated hay field, preventing access to the ditches (Bellodi Creek/Schoolhouse Ditch and Starbuck Ditch) used for irrigation. As a result, this portion of land cannot be effectively watered for hay or crop production. o Restricted livestock access: The 2.131-acre area is not connected to the fenced portion of the main parcel, limiting its use for rotational grazing. Livestock cannot access Garfield Creek —an important water source that flows through the separated acreage — and must instead rely on other water sources located elsewhere on the property. ® No containment for livestock: Because the 2.131-acre area is not fenced, it cannot be used to safely contain or manage livestock, further limiting its compatibility with the agricultural operations of the main parcel. Currently, the 2.131-acre area includes a wildlife enclosure that is only occasionally used for storage. Its location, being separated from the main agricultural field, limits its usefulness and prevents it from being used to its full potential. The enclosure will be relocated to the building envelope on the main 240-acre parcel to allow for more effective and consistent use. Domestic water and wastewater services for the 2.131-acre parcel will be provided by an on -site well and an Onsite Wastewater Treatment System (OWTS). A 2016 report and site plan from a licensed engineering firm confirm the feasibility of both systems on this site. These documents are included with the application package. The 2.131 acres will continue to be maintained for noxious and invasive weed control. Reversal of Director Decision 2016-50 The Board of County Commissioners' (BOCC) reversal of Director Decision 2016-50 appears to be based more on subjective opinion than on objective, material evidence. The determination that the Director's decision does not align with "the best interest of the health, convenience, order, prosperity, and welfare of the citizens of Garfield County" does not clearly connect to the specifics of the proposal under consideration. The reasoning outlined in part 3 of the denial does not appear to reflect the facts as presented in the Director's decision. It is unclear how the BOCC arrived at a conclusion that differs from the evidence provided. The concerns raised about potential harm to neighbors or the public do not appear to be supported by factual evidence. As private landowners acting within legal boundaries, we see no credible basis to suggest that this proposal would negatively affect neighboring properties. Regarding part 4 of the denial, the BOCC's view that the county road does not prevent joint use of the lot contrasts with both the Director's findings and the documented circumstances detailed in our application. Additionally, the Young and Hess Ditch, crossing a portion of the 2.131-acre area, is jointly owned by two neighboring property owners. Over the past decade, no access or maintenance issues have been reported. There is no indication that subdividing the lot or future development would restrict access to the ditch. If necessary, the short ditch segment could be piped, which would eliminate any potential access or maintenance concerns and could even enhance functionality. We respectfully request that our proposal be reviewed fairly and objectively, in accordance with the criteria outlined in the Land Use and Development Code (LUDC). RINGER VICINITY MAP Ringer Parcel Now on (242 acres) - c ra �� ale, Reference Land Ailt mRx — — - �� - K , . _y- B,L,M. C GarAeld Creek , state WtdhiaArea U.S.F.S. i Ger81d Cry _ANstate Creeks and Rivers zc- - Ile, } V 4 Mies 4;Alb Y W 30 d MA S 6 m W 4 N Ix CA �;, n Y 2E0 LO0 J u Q _Z (n LU Q Z IL F- U) 0 W QO WO o %� / r �/ / �q 04 00 / 0 Q ti U CC (n L i Cy J 4*6 1 J lr LL J J N p ra LO I I 0 O z w z ui k L LJ z 0 E5 CD C� P.O. Box 1908 _Ie (970) 945-5700 1011 Grand Avenue (970) 945-1253 Fax Glenwood Springs, CO 81602 Z4NC-4 8,L4, 4NO 4004r . INC. March 2, 2016 Michael J. Sawyer, Esq. Karp, Neu & Hanlon Via Email: mis a.mountainlawfirm.com RE: Trisch Road Split Exemption Dear Michael: At your request, Zancanelia & Associates has investigated the Trisch Road Split Exemption. We have examined water wells near the proposed exemption location to determine the likelihood of drilling a successful well on the exemption. We have also studied the soils and waste disposal systems in the area for suitability for a new OWTS on the exemption property. Figure 1 shows the locations of six wells nearest the exemption location that were examined from records from the Colorado State Engineer's Office. All six wells were drilled into the Tertiary age Wasatch Formation and all six wells produce water in amounts between 2 gallons per minute (gpm) and 15 gpm. The wells ranged between 130 and 200 feet deep. Based on these findings, it is our opinion that it is likely that a successful water well could be drilled on the exemption property. Because the property is to be an exemption, the exempt domestic well permit that will be requested will be limited to 15 gpm and will be limited to in-house use only. The well will also be exempt from 600 foot spacing consideration as a 15 gpm well serving on single family residence. Figure 2 is a representation of the property underlain by the U. S. Department of Agriculture soils map for the area. The soil type represented by the number 68 is described as Vale Silt Loam, which should provide adequate drainage for a septic tank and leach field. Soil 65 is a Torrifluvents and is derived from alluvial material from Garfield Creek. The Torrifluvents will probably not have the necessary drainage characteristics for leach field construction. Figure 2 also shows that there is sufficient space on the property for the septic tank and leach field 100 foot setback from the well and 50 foot setback from Garfield Creek. We have been advised that the proposed house will probably have four bedrooms and three baths. This size house will require a minimum septic tank size of 1250 gallons and the leach field size will be approximately 1200 square feet. These findings are only preliminary. The actual siting and engineering for the septic tank and leach field will require onsite testing and more exact water usage information that is outside the scope of this report. If you have any questions, please contact our office at (970) 945-5700. Very truly yours, Zancanella & Associates, Inc. --► `�' Th6FTAa_Aca_6e_IIa, P E. '/-Bradley C. P ek, Geologist Attachments z;12016 Jobs116500 trisch propertylpreliminary report.docx Zanconella & Associates, Inc. 2 L J D X �a a) m 3 ;� of � M z 0 s s o z a NEELz r cn 0 WE m 4 k OF J +r01 V37: �# it. p- A. + ' .y v ±� •.. �I .tits j .i eRI .-Iozl rt' m •� . r CD Ul .�-•Fly '� � r Listing and Mailing Addresses of Mineral Owners and Lessees Garfield County Parcel No, 218332200011 Location, E1/2NE1/4, NE1/4SE1/4 in Section 31, and W1/2NWl/4, Sec. 32, Twp. 6 South, Rng. 90 West of the 6`h P.M. Mineral Estate Owners: Donald J. Trisch P.O. Box 290512 Kerrville, TX 78028 Mineral Estate Lessee; None, due to expiration of Oil and Gas Lease between Donald J. Trisch and Linda L, Trisch and Williams Production RMT Company, dated December 1, 2009 resulting from non -production. Location, W1/2SW1/4, Sec. 32, Twp. 6 South, P.ng, 90 West of the 6'h P.M. Mineral Estate Owners; United States of America c/o Bureau of Land Management 2850 Youngfield Street Lakewood, CO 80215-7210 Mineral Estate Lessee, Oxy USA, Inc. (or Assignees) 5 Greenway Plaza, Suite l 10 Houston, TX 77046-0521 Per BLM Oil and Gas Lease Serial No. 065513 c ter�}} `tom v� r.')�'teqen C-4 c� 0 0 0w0 0 °` in 0 00 °` 00 00 O o U o z U Oo 0 o U OU J C/] C/� W CO ,J W V1 C/5 Cn DO C� Zd dz¢o �' Zdz�Zdz d U U U� U U U U c4 U W N w cq `v C14 1144 d jLU O O O� W kn 0 a © O C7 CT N M kri kn O O � 00 N oti O � U �4� gQ�� �0 W d LO W coo rn a w u z v d z °cn d m o a tf) Q` r` 'cY N M C N C; 00 kn - kn C) n C] Q C7 R) 00 00 �t W) [� W' Oo C7 C� C) CD p p p S C7 C) C7 O C7 C7 C7 C3 C> CD N N CJ N C� O C) C7 C' C7 C7 O © C� C) p p p C7 CD Ed C7 C7 CD C7 .� N M It N N M M n4 m N C+ C4 p 6 O N N C1� Cri N CS+ y M M M M M M M M M M M N fq fn CA 0-4M M M +y M M rry M �M M M '1 M M M r 00 00 00 00 CO 00 00 00 00 00 00 00 00 00 00 . w - • I-N N N N NryNNN N N N N N'-$ American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01.2021) COMMITMENT FOR TITLE INSURANCE Issued by Of the fOckJes as agent for Westcor Land Title Insurance Company SCHEDULE A Reference: Commitment Number: 0605277-C Effective Date: April 10, 2025, 7:00 am Issue Date: April 21, 2025 2. Policy (or Policies) to be issued: ALTA@ 2021 Owner's Policy Policy Amount: Amount to be Determined Premium: Amount to be Determined Proposed Insured: Purchaser with contractual rights under a purchaser agreement with the vested owner identified at item 4 below 3. The estate or interest in the Land at the Commitment Date is Fee Simple. 4. The Title is, at the Commitment Date, vested in: Sylvia M. Ringer and Matthew M. Ringer The Land is described as follows: FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE For Informational Purposes Only - APN: R017214 / 218332200011 Countersigned Title Company of the Rockies, LLC Y Mike Mulligan This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Westoor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy, • Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions; and a counter -signature by the Company or Its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. *^� ANI ZIi 4M 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. n r American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) SCHEDULE A (continued) LEGAL DESCRIPTION Commitment No: 0605277-C The Land referred to herein is located in the County of Garfield, State of Colorado, and described as follows: Township 6 South, Range 90 West of the 6th Principal Meridian: Section 31: E1/2NE1/4, NElASE1/4 Section 32:W1/2NW1/4, Wl/2SW1/4 EXCEPTING THEREFROM a parcel of land situate in the NW1/4 of the NW 1/4 of Section 32 and the NE 1/4 of the NE1/4 of Section 31, Township 6 South, Range 90 West of the 6th P.M., County Of Garfield, State Of Colorado. All bearings relative to a bearing of S891119'10"W between the West 1/16 corner between Section 29 and Section 32 of said Township and Range, a 3-1/4" diameter aluminum cap LS No. 36572 in place and the North 1/4 corner of said Section 32, a 3-1/4" diameter aluminum cap, LS No. 19598 in place. Said parcel of land being more particularly described as follows: Commencing at said West 1/16 corner between Section 29 and Section 32; thence along the north line of said Section 32 N89°18'51 "W 1170.09 feet to the true point of beginning; thence departing said north line S00°00'00"E 74.10 feet; thence S43°04'50"E 67.10 feet; thence S 17°45'35"E 193.32 feet; thence S09°25'44"W 167.95 feet; thence S29°54'49"W 151.13 feet; thence S06°49'06"W 55.42 feet; thence S 10"5123"E 88.92 feet; thence S00°00'00"E 359.48 feet; thence N90°00'00"W 1497.94 feet to a point on the westerly line of the NW1/4 of the NW1/4 of said section 31; thence along said westerly line N00'43'50"E 1124.37 feet to a point on the north line of said Section 31; thence along said north line S89°16'28"E 802.52 feet; thence departing said north line S00°02'47"E 227.20 feet; thence S88°4459"E 177.41 feet; thence N00°16'23"E 228.81 feet to a point on said north line of said Section 31; thence along said north line S89°16'28"E 350.22 feet to the Northwest corner of said Section 32 (whence a witness corner marked with a 3-1/4" diameter aluminum cap, LS No. 19598 bears NOO'39'07"E 28.00 feet); thence along said north line of said Section 32 S89118'51"E 140,24 feet to the true point of beginning. ALSO EXCEPTING a tract of land situate in the NEl/4NE14, Section 31 Township 6 South, Range 90 West, 6th P.M., lying southerly of a county road as constructed and in place, described as follows: Beginning at a point on the southerly right-of-way line of said road whence a stone properly marked for the E% corner of Section 30 in said Township and -Range bears North 07110'45" East 2692.71 feet; thence South 00116'29" West 205.54 feet; thence North 88°44'59" West 177.41 feet; thence North 00°02'47" West 205.72 feet to a point on the southerly right-of-way of said road; thence South 88'42'03" East 178.56 feet along the southerly right-of-way line of said road to the point of beginning. For each policy to be issued as identified in Schedule A, Item 2, the Company shall not be liable under this commitment until it receives a specific designation of a Proposed Insured, and has revised this commitment identifying that Proposed Insured by name. As provided in Commitment Condition 4, the Company may amend this commitment to add, among other things, additional exceptions or requirements after the designation of the Proposed Insured. Thispage is only apart of a 2021 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule A Part I -Requirements, and Schedule B, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 0605277-C COMMITMENT FOR TITLE INSURANCE Issued by Westcor Land Title Insurance Company SCHEDULE H, PART I Requirements The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the effective date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the clerk and recorded of the county in which said property is located. All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. Release by the Public Trustee of Garfield County of the Deed of Trust from Sylvia M. Ringer and Matthew M. Ringer for the use of United Wholesale Mortgage LLC, to secure $547,500.00, dated June 1, 2021, and recorded June 7, 2021 at Reception No. 957656. 6. Release by the Public Trustee of Garfield County of the Deed of Trust from Sylvia M. Ringer and Matthew M. Ringer for the use of Citywide Banks, to secure $287,800.00, dated February 1, 2023, and recorded February 8, 2023 at Reception No. 983374. NOTE: The above Deed of Trust secures a revolving line of credit, as such it must be released in its entirety and the account closed. 7. Deed from Sylvia M. Ringer and Matthew M, Ringer to Purchaser with contractual rights under a purchaser agreement with the vested owner identified at item 4 below. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or This page is only apart of a 2021 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. American Land Title Association Commitment for Title Insurance 2021 v.01.00(07-01-2021) Commitment No: 0605277-C Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288-CRA 39-14-102. THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GARFIELD COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF INSURANCE. This page is only apart of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 06052774C 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: Rights or claims of parties in possession not shown by the Public Records. 2. Easements or claims of easements not shown in the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the land would disclose, and which are not shown by the public record. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. 7. Any water rights or claims or title to water, in or under the land, whether or not shown by the public records. 8. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. Note: Upon verification of payment of all taxes the above exception will be amended to read, "Taxes and assessments for the current year, and subsequent years, a lien not yet due and payable. " 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, as reserved in United States Patent recorded May 18, 1906 in Book 51 at Page 546 and March 3, 1923 in Book 140 at page 144. This page is only apart of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part 11-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. -;i' American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 0605277-C 10. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded May 18, 1906 in Book 51 at Page 546, March 3, 1923 in Book 140 at page 144 and October 13, 1939 in Book 194 at Page 584. 11. All coal and other minerals, together with the right to prospect for, mine and remove the same, as reserved in United States Patent recorded October 13, 1939 in Book 194 at Page 584. 12. Any and all water and water rights, reservoir and reservoir rights, ditches and ditch rights, and the enlargements and extensions thereof, and all laterals, flumes and headgates used in connection therewith. 13. Oil and Gas Lease between Loris Jackson and Mae Jackson and Cuttlass Oil Corp., recorded September 24, 1956 in Book 395 at Page 304 and any and all assignments or interests therein. 14. Oil and Gas Lease between Loris Jackson and Mae Jackson and Snyder Oil Company, recorded February 27, 1981 in Book 566 at Page 429 and any and all assignments or interests therein. 15. Oil and Gas Lease between Loris Jackson and Mae Jackson and Amoco Production Company, recorded June 3, 1985 in Book 669 at Page 815 and any and all assignments or interests therein. 16. Oil and Gas Lease between Donald Trisch and Linda Trisch and Laramie Energy LLC, recorded February 3, 2005 at Reception No. 668119 and any and all assignments or interests therein. 17. Oil and Gas Lease between Linda Lashly and Williams Production RMT Company, recorded December 17, 2009 at Reception No. 779285 and description correction recorded March 16, 2010 at Reception No. 783360 and any and all assignments or interests therein. 18. Terms, agreements, provisions, conditions and obligations as contained in Request for materials and Cooperative Agreement for Damage Prevention Fencing recorded December 7, 2011 at Reception No. 811724. 19. Terms, agreements, provisions, conditions and obligations as contained in Resolution No. 2016-50 recorded August 1, 2016 at Reception No. 880477. 20. All oil, gas and other mineral rights, as conveyed to Douglas G. Ringer Revocable Trust dated January 14, 2000 and Brenda Nell Ringer Revocable Trust dated January 14,2000 by Deed recorded August 16, 2016 at Reception No. 881149, and any and all assignments thereof or interests therein. 21. Terms, agreements, provisions, conditions and obligations as contained in Letter recorded September 8, 2017 at Reception No. 897063. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westoor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy, • Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. u1nam The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. : . American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 0605277-C 22. Easements, rights of way and all other matters as shown on the Plat of Ringer/Jenkins Boundary Line Adjustment, filed September 8, 2017 at Reception No. 897064. 23. All oil, gas and other mineral rights, as conveyed to Sylvia M. Ringer and Matthew M. Ringer by Deed recorded February 1, 2019 at Reception No. 916891, and any and all assignments thereof or interests therein. 24. Terms, agreements, provisions, conditions and obligations as contained in Deed of Conservation Easement recorded January 5, 2021 at Reception No. 948126 and Scrivener's Affidavit recorded January 5, 2021 at Reception No. 948125. NOTE: The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. This page is only apart of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy, Schedule A; Schedule B, Part I -Requirements, and Schedule B, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be In electronic form. Copyright 2021 American Land Title Association. All rights reserved.R 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. �`•. Corm fitment No: 0605277-C DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, requires that "Every Title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the Title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." (Gap Protection) Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: 1. The Land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. 2. No labor or materials may have been furnished by mechanics or materialmen for purpose of construction on the Land described in Schedule A of this Commitment within the past 13 months. 3. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and materialmen's liens. 4. Any deviation from conditions A though 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. 5. Payment of the premium for said coverage. Note 3: The following disclosures are hereby made pursuant to § 10-11-122, C.R.S.: (i) The subject real property may be located in a special taxing district; (ii) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent; and (iii) Information regarding special districts and the boundaries of such districts may be obtained from the County Commissioners, the County Clerk and Recorder, or the County Assessor. Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident withholding). Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given: (a) If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate then there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property, and (b) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note 6: Effective September 1, 1997, C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch the clerk and recorder may refuse to record or file any document that does not conform. Note 7: Our Privacy Policy: We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. Note 8: Records: Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not less than seven (7) years, except as otherwise permitted by law. Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that "A title entity shall not earn interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be made at any time up to and including closing." Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such Page 8 Commitment No: 0605277-C purpose(s). Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that "Until a title entity receives written instructions p..rta.ining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with the following: 1. The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a fiduciary capacity. 2. The title entity shall use any funds designated as "earnest money" for the consummation of the transaction as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise provided in this section. If the transaction does not close, the title entity shall: (a) Release the earnest money funds as directed by written instructions signed by both the buyer and seller; or (b) If acceptable written instructions are not received, uncontested funds shall be held by the title entity for 180 days from the scheduled date of closing, after which the title entity shall return said funds to the payor. 3. In the event of any controversy regarding the funds held by the title entity (notwithstanding any termination of the contract), the title entity shall not be required to take any action unless and until such controversy is resolved. At its option and discretion, the title entity may: (a) Await any proceeding; or (b) Interplead all parties and deposit such funds into a court of competent jurisdiction, and recover court costs and reasonable attorney and legal fees; or (c) Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons and complaint or claim (between buyer and seller), containing the case number of the lawsuit or lawsuits, within 120 days of the title entity's written notice delivered to the parties, title entity shall return the funds to the depositing party." Page 9 Commitment No: 0605277-C Title Company of the Rockies Disclosures 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 will refuse to record or file any document that does not conform to the requirements of this section. Pursuant to C.R.S. 30-10-406(3)(a). The company will not issue its policy or policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other eqyuivalent documentation from the County Treasurer or the County Treasurees authorized aggent: or until the Proposed Insured has notified or instructed the company in writing to the contrary. Pursuant to C.R_S. I0-11-122. 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 fundhave been received and are available for immediate withdrawals as a matter of right. Pursuant to C.R.S. 38-35-125(2). The Company hereby notifies the proposed buyer in the current transaction that there may be recorded evidence that the mineral estate, or portion thereof, has been severed, leased, or otherwise conveyed from the surface estate. If so, there is a substantial likelihood that a third party holds some or all interest in the oil, gas, other minerals, or geothermal energy in the subject property. Such mineral estate may include the right to enter and use the property without the surface owner's permission. Pursuant to C.R.S. 10-11-123. Ifthis transaction includes a sale of property and the sales price exceeds $100,000.00, the seller must tempi with the discloswWwithholding requirements of said section. (Nonresident withholding) Pursuant to C.RS. 39-22-604.5. Notice is hereby l�itven that: The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing junsciiation shall be obtained Pram the County Treasurer or the County Treasurer's authorized agent. Information regardin special districts and the boundaries of such districts may be obtained from the Hoard of County Commissioners, the County Clerk and Recorder, or the County Assessor. Pursuant to C.R.S. 10-11-122. Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulation 8-1-2; "Gap Protection" -When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction, the Company shall be responsible for all matters which appear on the record prior to such time or recording or filing; and "Mechanic's Lien Protection" - If you are the buyer of a single family residence, you may request mechanic's lieu coverage to be issued on your policy of Insurance. If the property being purchased has not been the subject of construction, improvements or repairs in the last six months prior to the date of this commitment, the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the seller. If the property being purchased was constructed, improved or repaired within six months prior to the date of this commitment the requirements may involve disclosure of certain financial information, payment of premiums, and indemnity, among others. The general requirements stated above are subject to revision and approval by the Company. Pursuant to R.S. 1 11-122. Notice is hereby given that an ALTA Closing Protection Letter is available, upon request, to certain parties to the transaction as noted in the title commitment. Pursuant to Colorado Division of insurance Regulation 8-1. Nothing herein contained will be deemed to obligate the Company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Page 10 Joint Notice of Privacy Poiic_y of Westcor Land Title Insurance Company and Title Company of the Rockies, LLC Westcor Land Title Insurance Company ("WLTIC") and Title Company of the Rockies, LLC value their customers and are committed to protecting the privacy of personal information. In keeping with that philosophy, we each have developed a Privacy Policy, set out below, that will endure the continued protection of your nonpublic personal information and inform you about the measures WLTIC and Title Company of the Rockies, LLC take to safeguard that information. This notice is issued jointly as a means of paperwork reduction and is not intended to create a joint privacy policy. Each company's privacy policy is separately instituted, executed, and maintained. Who is Covered We provide our Privacy Policy to each customer when they purchase a WLTIC title insurance policy. Generally, this means that the Privacy Policy is provided to the customer at the closing of the real estate transaction. Information Collected In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic personal information directly from the customer, from customer -related transactions, or from third parties such as our title insurance agent, lenders, appraisers, surveyors and other similar entities. Access to Information Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform their jobs. These employees include, but are not limited to, those in departments such as closing, legal, underwriting, claims and administration and accounting. Information Sharing Generally, neither WLTIC nor Title Company of the Rockies, LLC shares nonpublic personal information that it collects with anyone other than those individuals necessary needed to complete the real estate settlement services and issue its title insurance policy as requested by the consumer. WLTIC or Title Company of the Rockies, LLC may share nonpublic personal information as permitted by law with entities with whom WLTIC or Title Company of the Rockies, LLC has a joint marketing agreement. Entities with whom WLTIC or Title Company of the Rockies, LLC have a joint marketing agreement have agreed to protect the privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as WLTIC and Title Company of the Rockies, LLC use to protect this information and to use the information for lawful purposes. WLTIC or Title Company of the Rockies, LLC, however, may share information as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud. Information Security WLTIC and Title Company of the Rockies, LLC, at all times, strive to maintain the confidentiality and integrity of the personal information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural safeguards in compliance with federal standards to protect that information. The WLTICPrivacy Policy can be found on WLTIC's website at www.wltic.cwn .� WESTCOR LAND TITLE INSURANCE CONIPANY ALTA COMMITMENT FOR TITLE INSURANCE issued by WESTCOR LAND TITLE INSURANCE COMPANY (ALTA Adopted 07-01-2021) 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 APOLICY TO APROPOSED 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 H—Exceptions; and the Commitment Conditions, Westcor Land Title Insurance Company, a South Carolina 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 (6) months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. Issued By. - Title Company of the Rockies, LLC 1620 Grand Avenue, Suite B Glenwood Springs, CO 81601 Phone: 970-945-1169 WESTCOR LAND TITLE INSURANCE COMPANY By: Ati 6 AvuMM - I m 4i7 ° Mary O'Donueil - ProiJettt Alttat: Donald A. I.3nrubc • Snnrnliiry This page is only apart of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. Ahli uirvn' The use of this Form (or any derivative thereoi) 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. COMNUTM ENT 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. 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; and f. Schedule B, Part II Exceptions; and g. a 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. LEWTATIONS 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 H—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. This page is only apart of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. AijI�I(AN 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. 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. 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 littp://www.alta.org/arbitration This page is only apart of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Anti -Fraud Statement NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, Incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or Information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. This anti -fraud statement is affixed to and made a part of this policy. Corr nfl. C14'.iTMAAFICATI'WN O .IA.SNERA a ONENER RMARCH 1 hil f6an i< to fay cr5mplered and mbmiered with any appficatidn for a Land fds0, Change Permit Mineral intr-rests may be severed from surf act right IrltereSts in real property. (Ai. 4 24-6S.S-101, 0 serf, r&juires notification tw'-mineral o.vners.arhen a landoviner applies for an application for developrnent fronh a focal government. At such, 64 lando.-nler 1114i$t rcjearch the current owurs of rnirleral intrirwstS for the pr'ope'r'ty' The Garfield County rand Use and f)eveloprrient Lode of 2013 ("LUX") Section 4-101(k)(1)(b)(4) requires .written notice to O.vners of 111inoral interests in the subject property in accordance with CAS. 4 24-6S.S-101, et sect, "as such owners tan be identlfied through the records in Oct Office of the Clerk and Recorder or Assessor, or through other nieans." This fond is proof of applicant's compliance with the Colorado R*vised Statr.rtes anti the WOW The undarsiSnad applicant certifies that mineral owners have been researched for the sub)ect property as required pursuant to C.R.S. § 29.55.5.191, o seq, and Section 4401(k)(1)(b)(4) of the Garfield County land Use and Development Code, as amended. As a result of that resoarch, the +andarslgned applicant certifies #hA follQwIng (Pkase rnitial on the blank Jlng� nint to rho stsrtanrsnt that uscurataly r4flWs the result of research): I own the entire mineral estate relative to the subject property; or f' Minerals ir* o.vned by the parties listed brlo.v T11e n an*l And address6s of any and all 111irlel'al owners itlentifiGtl arc provided below (attach additional pagex as necessary): of Mineral Owner Add/rress,, of Mineral Owner A'//Mailing (IName I acknowledge I ravlowed CAS, 9 24-65.5-A91, et seq, and l am In compliance with sold statuo and the i.iJAC. Applicant's 514nature Bate 110 E. t�a1$W'd%LM ANSH q sssrnswAINrM Mil NOl1dRMS IndS WON UnNIU IMUMNYAW OWVAMA LLi MiMfg � a n � p e e � � � d" � i� 14� ���4�'•�r�'�a� " ����� �l��h����� � �� � � i ;$ � Ike �11 ��� tlIl 1 le er ko k ge ! � � h e •�� � � �9ig g�4� � ��� � rr � � �9�• NOLIdW3X3-LndS OVON URSNM crsL"oa aux.�+ns++ ¢ assawa uhrsaoasse � e � � � aahrsdru�usam,x�seurw � erg? �a SHIM e • a .. ilt .a K a,s�co�-ausr�r.�re tccnnuuxnoostee IV Id A�AMS aW ae9Nid'wn�u vne w 71 bimns MAW IWBM]! W Sud'� liglul I!l � J d