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Home My WebLink About20231838.tiffRESOLUTION RE: APPROVE PARTIAL VACATION, VAC23-0032, OF TWO -LOT RECORDED EXEMPTION, RECX15-0043, FOR REMOVAL OF LOT B - ROSEMARY SOUZA WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on May 8, 2015, the Department of Planning Services approved Two -Lot Recorded Exemption, RECX15-0043, and WHEREAS, the Board has received a request from the current property owner, Rosemary Souza, 47669 County Road 23, Nunn, Colorado 80648, to vacate Lot B of Recorded Exemption, RECX15-0043, located on the following described real estate, to wit: Lot B of Recorded Exemption, RECX15-0043; being part of the NE1/4 of Section 2, Township 8 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said partial vacation, and makes the following findings: 1. No property will be left without access to a public road right-of-way as a result of the vacation. 2. No property resulting from the vacation will continue to use any access across any other lots within the exemption plat. 3. No easements are being included in this vacation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Rosemary Souza, for Partial Vacation of Two -Lot Recorded Exemption, RECX15-0043, for removal of Lot B, be, and hereby is, approved, subject to the following condition: 1. As described in Sections 24-11-50.H and 24-11-50.1 of the Weld County Code, the applicant shall submit an exemption vacation plat and deed to the Department of Planning Services within ninety (90) days for review. Upon acceptance, the plat shall be signed by the property owners and shall be submitted for recording, along with the recording fee, to the Department of Planning Services. The vacation is in effect the date of recordation of the land survey plat with the Weld County Clerk and Recorder. 4909731 Pages: 1 of 2 07/18/2023 10:40 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 11111 Gc: PL(TP/MN/Es), RppL, 07/26/23 2023-1838 RECX15-0043 PARTIAL VACATION, VAC23-0032, OF TWO -LOT RECORDED EXEMPTION, RECX15-0043, FOR REMOVAL OF LOT B - ROSEMARY SOUZA PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of June, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: day...0 w Jdo;„c Weld County Clerk to the Board ount ttorney Date of signature: O 4909731 Pages: 2 of 2 07/18/2023 10:40 AM R Fee:$0,00 Carly Koppes, Clerk and Recorder, Weld County , CO iL idtra 'k4k UI II 2023-1838 RECX15-0043 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: Weld County Board of County Commissioners From: Eric Sheley, Planner Subject: Partial Vacation of RECX15-0043 Hearing Date: June 28, 2023 Owners: Rosemary Souza Legal Description: Lot B of Recorded Exemption RECX15-0043; being a part of the NE4 of Section 2, T8N, R67W of the 6th P.M., Weld County, CO Location: West and adjacent of County Road 23; 0.56 Miles North of CR 96 Parcel Number 0555-02-1-00-018 Total Parcel Size: +1- 103.29 acres Zone District A (Agricultural) Summary: The applicant requests to vacate Lot B, being the largest lot of the two -Lot Recorded Exemption RECX15- 0043, recorded June 04, 2015, reception #4112991. This partial vacation of Lot B of RECX15-0043 would result in an approximately 103.29 acre unplatted parcel. Lot A, of RECX15-0043 is not a part of this action. Vacation Criteria: The Vacation of a Recorded Exemption plat criteria are detailed in Chapter 24, Article XI of the Weld County Code, being the Obsolete Land Divisions Article within the Weld County Subdivision Ordinance. Section 24-11-10. A of the Weld County Code, states in part: "Previously approved Recorded Exemptions and Subdivision Exemptions may be amended, corrected, or vacated." Section 24-11-50 of the Weld County Code, provides specific criteria for the vacation process. The processing of this vacation and memorandum have been prepared in accordance with this Code section. Section 24-11-50. A of the Weld County Code details the items to be submitted by the property owners in order to request a complete or partial vacation of an exemption. The submitted materials were deemed complete and include the vacation request letter and the draft vacation plat map. Section 24-11-50. B of the Weld County Code allows for partial vacations, which may be used to vacate the largest lot within a Recorded Exemption plat, which is greater than thirty-five (35) acres in size, without affecting the remaining lot(s) within the same plat. The submitted vacation request complies with this code section. 2023-1838 Vacation of Lot D of RECX15-0043 I Souza Page 1 of 2 "R&a.15 -0043 Recommendation: The Department of Planning Services staff has reviewed this request and recommends that this request be approved by the Board of County Commissioners subject to the following condition. A. If the vacation request is approved by the Board of County Commissioners, the vacation plat shall be submitted to the Department of Planning Services for review in accordance with Sections 24- 11-50.H and I of the Weld County Code. Upon acceptance of the plat, the plat shall be signed by the property owners and shall be submitted for recording with the recording fee to the Department of Planning Services. The vacation is in effect the date of recordation of the land survey plat with the Weld County Clerk and Recorder. Vacation of Lot D of RECX15-0043 I Souza Page 2 of 2 Firefox https://outlook.live.com/mail/inbox/id/AQMkADAwATczZmYBLTg... Rosemary Souza 47669 County Rd 23 Nunn, CO 80648 Parcel #055502100018 970-227-3341 Partial Vacation Request Purpose to split parcel #055502100018, a 103.29 -acre piece of land into two parcels. Parcel 1 will be a vacant 61.95 -acre parcel with no improvements. Parcel 2 will be a 41.34 -parcel with improvements. Improvements include a single-family house and two outbuildings. There are no easements or rights of way that will be affected by the split 1 of 1 4/20/2023, 8:45 AM t�ICINnvMAP VACATION OF LOT B, CORRECTED RECORDED EXEMPTION NO. 0555-02-1 RECX15-0043 EASEMENTS AND RIGHTS -OF -WAY NOTES: wnv° n°Eco "w°i su EriN. ucron'nFEF:776.^^F• SURVEYOR'S NOTES: EonA u°o°,+eE�in F"'o "r�`,oun,"n°su osu°m"Ev�'w'Lw LEGEND PART OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 8 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO SURVEYOR'S CERTIFICATE: xEuse"cEanw".�A',A,x"Ls°-0vecamN`ru of "n�i wcx-xp°FEEL ASIS OF BEARING: EEAssLwE�aF Ewx.xF�srauANFrgsse: i WEL°.5 Li �E OFLOLOM�O, L5.15511ME0 i�0 LEGAL DESCRIPTION • PROVIDED wEL° uNn NE ois°EE°NEc°a°s°EEeNunm,szan ni sEccP,KK+no. me�a3x. LEGAL DESCRIPTION - RESULTANT nsiowm°AOFs m°sEci iin.. >x E iw xuL u s xEss i xE n°niEEAsi°wxrex°r solo sEc ni+i°.°Lois en'°c�oc�iosia�EiE� ix i+ EE2piHEA5i OW FWIEPOF SNir aRN., EEEi i0 L v°IM °N iNE WESL LIxE srAwx°infor �+`oNix°wesic°°n"uEnoiW om"x°Ews*1° sEimuznvr'Acm�,n Erxrof ooiu`Emma— man '010Lan'SAN°wexi5 °rwnv°raEc°ar s. u°AE°NLEss..w°w PROPERTY OWNER'S CERTIFICATE :ISEFESEntlieFatinirEFE.r N,Ess s°�urr° �"iE° v,,, �xEa�'"a o m Eo"sssNowu"w°Ao"irw"xr: mrtiEss srr wrx° AN° sEnL BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF APPROVAL: yam-aanro °v c° uxn covuisnnuew B°m.u,rcLExN i°iNE e°Aa° °ATE iw i�a�awiieaoi�ult�o+w�.x�r+Ki+tile wYti �uu RECORDED EXEMPTION NO. 0555-02-1 RECX15-0043 THE NORTHEAST QUARTER, OF SECTION 2, TOWNSHIP 8 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN WELD COUNTY, COLORADO slot` of I 1 Inez NnyMl progeny la locotee. 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BuRdlnx M daflnllbn not n Ap Fa pt BuilJlnig pe on n39 -I-20 and Secllon 29-3 �2D.B.t3 of Weld CpuMy Cotle ee DUIIEInp pp mpllanca m nine Oappnmant antlao ekcMcm ontl/ornplumbinp perimll le tar y lacirlcol xrvka to the buIMInO o wmer for walerinq w wva g I:wal k er poultry. IB) Bu tlinp 7,":" la n Ine pr oaetl loge will M requin0 la otlnere to IM Ix ekucluw cl Ine county �IFa<illly fad ontl Ominape Impact fx Prepmme. sallalic la tae .lepm.m. w M,Ce Ine alze of Me v��€pp�pgv€ tie AiR. vn .ILA. v la wL�x °nLll �Fu nHxwr n e Caunly Man Ina r .ub aenrnp. Fa a LOT nREA5 (GROSS) p m.na:are n M mgmw eopn.e.. a eQaw..a :naump. ane c .r jI afq<. Dean bun, Dunelure v Boys n0 Ilvestw4. atntl � Ise tx'.sJ A nroll nn =elldren'a amiv flee a P ant, ao Y r Inar > Imy, e of In.afarmv a ve ao _ 31 \ S R9°J6'45" W' 2fi13.%%' b(>t'TN I.ME OF 111E NURTNEAST li4 OF SEC. a \ I. n. �uxz 1kn + I nnTrn_xrx nuv..ols. ulvl xll::x:xual xurve .Ilun:n EEKE Cvunly Road No. 41 Itlo 80615 Ln'bL.xv LEGEND: = SCi /d REBAR WITH CA L.S. 3204e e �ISINLE55 0MFRWHISE C ED SCRIBED) PROPERTY pE6CRIPTION east Duener (�. s/4) of Sectlen 2, Townenlp a Nenn, Ranpe BJ Weet of iM slit Prl p wriGlen, unry of Wald, Stole of Coloro0o. n r.. al In a anpwn o� me n. Ico�tlucf or eMe� uawwa a Tf yeppp p� (cote woe apk�ew21e0tl 5etl betere me Mla Z�tlay BT: �Tror Hauer. Prendwl x i6 on Hand ontl Seol. --c Ilrcvexea ofmCelerado d .a o den airy mtmei su M sere neleMm atppn�able N maibn. au SURVEYOR NOTES: j All re o bw4a, popea,l maps ond rexption numbers araptluDllc d Ier4 ontl Recerama 0 xce or weld county. Stole of cola o umm alotatl agreement by 1we oINM to all I rm alaletl eM1srwn. nl for Y D p e co 3i BASIS OF FARING: iM1e Bwr c U 0 E wen I • Non car 2 (monumwted wlin a 21t/2" glum0lnum ScppAnompetl LS.n50<B2 ow a /Bxr Mr)too at Ouenar C 2 (me manHtl wHn a I/2' aluminum cap ebmpedn L.S�30e62 on a /6 rrsbor) h aawmee. .) m xla>Mpd loo ro tll nla elm. mmano� a np ding xFEHA iIRM map I etlwtive tlme.) NOTF � 1M1IxeL tin t IM flood Panel PNo. oet 33c0B25E. (nod vlx luvSk�s nnnnil.[ uMmrrMll�r xlvxra 0 o O NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4225, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. Email messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your email correspondence into the case file, please send a copy to egesick@weld.gov. Date: June 28, 2023 Time: 9:00 a.m. Applicant: Rosemary Souza 47669 County Road 23 Nunn, Colorado 80648 Request: Partial Vacation, VAC23-0032, of Two -Lot Recorded Exemption, RECX15-0043, for Removal of Lot B Legal Description: Lot B of Recorded Exemption, RECX15-0043; being part of the NE1/4 of Section 2, Township 8 North, Range 67 West of the 6th P.M., Weld County, Colorado Location: West of and adjacent to County Road 23; 0.56 miles north of County Road 96 (see Legal Description for precise location) Board of County Commissioners Weld County, Colorado Dated: June 16, 2023 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RECX15-0043 Owner MICHAEL NELSON ROSEMARY SOUZA Address 47485 COUNTY ROAD 23 47669 COUNTY ROAD 23 City NUNN NUNN State Zip CO 80648-9767 CO 80648-8727 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the Notice, in accordance with the notification requirements of Weld County for Partial Vacation of Recorded Exemption, RECX15-0043, in the United States Mail, postage prepaid First Class Mail as listed above. N 0 N Er 0 O O a LI r -R rR a N Dated the 16th day of June, 2023. Janet M. Warwick Deputy Clerk to the Board U.S. Postal Service' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com.. 1 it P Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ • Return Receipt (electronic) ❑ Certified Mail Restricted Delivery • Adult Signature Required Adult Signature Restricted Delivery $ $ $ $ Postage Total Sent Stfe MICHAEL NELSON 47485 COUNTY ROAD 23 NUNN . CO 80648-9767 Postmark Here U.S. Postal Service"' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com='. Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ Postage Tc Si ROSEMARY SOUZA 47669 COUNTY ROAD 23 NUNN, CO 80648-8727 Postmark Here r instructions a) X4-0 O C) E C c a) .Q ecTI - c 4-6 0 e c I ▪ Q) U c cU O Qo ■ CO N CN Q Q NO co D0( O >- 'sr co FQOU � U _ wa)Z U) CO Z O CD %;1- • Z3 U i ern a) CC 2 C O 2trer U m V)j cu C 0 in CC C Cu 0 42 0 C a) 0 a) w-. OeiS cc DOD ❑❑ a le a) 0 0 a) vs U CC cT 4(16771; as I I N NM I I I I I I v a) C) Cr300'cv C3) CO CO Co CN O C C3) a) Lti P- -1:1 u. LI D CI a D r -I N r9 0 N Domestic Return Receipt PS Form 3811, July 2020 PSN 7530-02-000-9053 NOTICE Pursuant to the zoning laws of the S hearing will be held in the Chambers of th Colorado, Weld County Administration B' Colorado 80631, at the time specified. If a court reporter is desired, please days prior to the hearing. The cost of engac party. In accordance with the Americans required in order for you to participate in t' Office at (970) 400-4225, prior to the day of The complete case file may be exari Commissioners, Weld County Administratio Email messages sent to an individual Cory ensure inclusion of your email correspc egesick@weld.gov. Date: June 28, 2023 Time: 9:00 a.m. Applicant: Rosemary Souza 47669 County Road 23 Nunn, Colorado 80648 Request: Partial Vacation, VAC23-0032, Removal of Lot B Legal Description: Lot B of Recorded Ex Section 2, Township 8 North, Range 67 We Location: West of and adjacent to County Legal Description for precise location) Board of County Commissioners Weld County, Colorado Dated: June 16, 2023 . N•• ••• •.. . • ..fl.• .006:.•••• • N.•n N.NN. ..N. re N..N.• NM. O • .. NM•. •5555. MM ••• ~•NM• • •.M. • .•••• • ••MN•• • •. • ..• non - •••• •5.5.5.5 • •N••►•• • ••••• •••.• i N.•. • ••• . • •51.. • ... 54055. 5555. 4. I 5.... 1. • • •• • •••N 4• • I. • • • ••4 H wcc �O U/1 w 00w omw 0 it � I..L_ 80632-0758 Zi 1 CO N O N Q zOc Ory0 J I C� w Z 0O °� w0 Q LO Z viz z pap sysiraSSISSOSS•sc sr si Si XI Si x' 0 a L4 w � z w o o vi wit. zuw w Z 4 0 S m 1• S ca 4$ .• U talk GINS osed ASS SONO .rr sea U d m S t 1/44 rn • a z C 80632>0758 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 5/25/2023 11:15:19 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. lJ CUA co i ZJ 5` Z5 Z 3 Signature Date Property Owners Within 500 Feet of Parcel # 055502100018 Account Parcel Owner Mailing Address R0320886 045335000002 EVANS JONI I TRUST R0320886 045335000002 EVANS PAULDEN C TRUST R0320886 045335000002 WALCKER CHRISTINE LOUISE R0320886 045335000002 HANKINS ELMER A III C/O JOAN K EVANS 5195 VICTORIA AVE RIVERSIDE, CA 925061564 R0321086 045336000007 COLORADO STATE OF 1127 N SHERMAN ST STE 300 DENVER, CO 802032398 R0693586 055501000006 AKBARY ADIBA R0693586 055501000006 AKBARY ALI 2732 DENVER DR FORT COLLINS, CO 805256688 R0522001 055502000006 GESICK APRYL N R0522001 055502000006 GESICK TYLER B 47793 COUNTY ROAD 21 NUNN, CO 806489700 Parcels: 7 Owner Records: 12 Page 1 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 5/25/2023 11:15:19 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. dart LOCIA 5 Signature 151 23 Date Property Owners Within 500 Feet of Parcel # 055502100018 Account Parcel Owner Mailing Address R0522101 055502000007 TSTENKE REVOCABLE TRUST 8925 N COUNTY ROAD 5 WELLINGTON, CO 805491720 R8941980 055502100017 byl 14 NELSON MICHAEL SCOTT 47485 COUNTY ROAD 23 NUNN, CO 806489767 R8941981 055502100018 1,04- 13 SOUZA ROSEMARY 47669 COUNTY ROAD 23 NUNN, CO 806488727 Parcels: 7 Owner Records: 12 Page 2 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 5/25/2023 11:15:19 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 055502100018 Parcels: 7 Owner Records: 12 OCth LOCA. tkYi c4L lZS)13 Signature Date Page 3 of 3 Firefox https://outlook.live.com/mail/inbox/id/AQMkADAwATczZmYBLTg... PLAT VACATION APPICATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS FOR PLANNING DEPARTMENT USE: DATE RECEIVED: PLANNER ASSIGNED: PLAT INFORMATION V ca-lio 1 D-Lo1' ar (O1frlt.itd etc eIed*lp4{t.n 4 I OS''7-35-2 1 3218 rkil Title of plat to be vacated: ?ux k• Of +KtNN001bi,\ O s35 T4 R (04,['Complete Vacation (must include all lots)L1( Partial Vacation of the largest lot (must be over 35. acres) List of lots to be vacated: Lot Parcel Number 8 055502.10001 8 103.29 none. Acreage Affected Easements PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: {" o s e - o. \ S o�Zol Company: Phone#: cv1 U 2211 33y Email: Sowz0. rose f MSn. Lord Street Address: Lfi (, b q_ _,C City/State/Zip Code: nv.mn i. C tO 'KO C.4 R APPLICANT/AUTHORIZED AGENT, (Authorization must be included if there is an Authorized Agent) Name: Company: Phone #: Email: Street Address: City/State/Zip Code: I (We) hereby depose and state under penatties of perjury that all statements, proposals, and/or plans submitted with or contained within the application am true and correct to the best of my (our) knowledge. All fee owners of the property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners must be included with the application. If the fee owner is a corporation, evidence must be included indicating the signatory has the legal authority to sign for the corporation. I (We) have read and agree to comply with the regulations for complete or partial vacation of recorded exemption or subdivision exemption. LtID1O ent t ate Signature: Owner or Authorized Authorized Agent g Ag 05saY1 { ‘.Ou20\ Print: Owner or Authtrized Agent 7/20/2021 Print: Owner or Authorized Agent . Date 1 of 1 4/20/2023, 8:25 AM First American Commitment for Title Insurance Colorado - 2021 v. 01.00 (07-01-2021) Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment Condition 5.e.: Issuing Agent: Issuing Office: , Issuing Office's ALTA® Registry ID: Commitment Number: 5509-4044263 Issuing Office File Number: 5509-4044263 Property Address: 47669 County Road 23, Nunn, CO 80648 APN: R8941981 Revision Number: SCHEDULE A 1. Commitment Date: March 06, 2023 at 8:00 a.m. 2. Policy to be issued: a. 2021 ALTA Policy - form(s) To Be Determined Proposed Insured: To Be Determined Proposed Amount of Insurance: $0.00 The estate or interest to be insured: See Item 3 below 3. The estate or interest in the Land at the Commitment Date is: Fee Simple interest 4. The Title is, at the Commitment Date, vested in: Rosemary Souza 5. The Land is described as follows: See Exhibit A attached hereto and made a part hereof Premiums: Owner's Policy: $ Lender's Policy: $ Tax Certificate Fee: $ Endorsement(s): $ Information Only Commitment Fee:: $475.00 This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American 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. Form 50095700 (12-17-21) Page 1 of 13 First American Commitment No. 5509-4044263 Commitment for Title Insurance Colorado - 2021 v. 01.00 (07-01-2021) 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. 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. Payment of all taxes and assessments now due and payable as shown on a certificate of taxes due from the County Treasurer or the County Treasurer's Authorized Agent. 6. Evidence that all assessments for common expenses, if any, have been paid. 7. Final Affidavit and Agreement executed by Owners and/or Purchasers must be provided to the Company. 8. The Company requires a five day notification prior to closing to update the information within this commitment. NOTE: This commitment has been issued for information purposes only and there are no requirements. The liability of the Company in terms of this Commitment is limited to the charges paid for the Commitment. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Pad I —Requirements; and Schedule 8, 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. Form 50095700 (12-17-21) Page 2 of 13 First American Commitment No. 5509-4044263 Commitment for Title Insurance Colorado - 2021 v. 01.00 (07-01-2021) 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. Any facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct land survey and inspection of the Land would disclose, and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown in the Public Records. 5. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I —Requirements are met. Note: Exception number 5 will be removed from the policy provided the Company conducts the closing and settlement service for the transaction identified in the commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. 8. Any water rights, claims of title to water, in, on or under the Land. 9. Rights of way for County Roads 30 feet on either side of Section and Township lines, as established by the Board of County Commissioners for Weld County, Colorado, recorded October 14, 1889 in Book 86 at Pages 273 and 274. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule d; Schedule B, Part I —Requirements; and Schedule B, Pad 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. Form 50095700 (12-17-21) Page 3 of 13 First American Commitment for Title Insurance Colorado - 2021 v. 01.00 (07-01-2021) 10. Reservations as contained in the United States Patent granted to Emma McFetridge, dated January 17, 1918, Document No. 014955, BLM Serial No. COD 0014955. 11. Any interest in all oil, gas and other minerals as reserved by Deed in deed recorded December 29, 1965 at Reception No. 1478874; together with any rights of ingress and egress therein and any and all assignments thereof or interests therein. 12. The following notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed with the clerk and recorder. These statements are general and do not necessarily give notice of underground facilities within the subject property: (a) Mountain Bell Telephone Company, recorded October 1, 1981 at Reception No. 1870705. (b) Western Slope Gas Company, recorded March 9, 1983 at Reception No. 1919757. (c) Associated Natural Gas, Inc., recorded July 20, 1984 at Reception No. 1974810 and recorded October 1, 1984 at Reception No. 1983584 and recorded March 3, 1988 at Reception No. 2132709 and recorded April 10, 1989 at Reception No. 2175917. (d) Panhandle Eastern Pipeline Company, recorded October 1, 1981 at Reception No. 1870756 and recorded June 26, 1986 at Reception No. 2058722. (e) Colorado Interstate Gas Company, recorded August 31, 1984 at Reception No. 1979784. (f) Union Rural Electric Association, Inc., recorded October 5, 1981 at Reception No. 1871004. (g) Western Gas Supply Company, recorded April 2, 1985 at Reception No. 2004300. (h) Public Service Company of Colorado, recorded November 9, 1981 at Reception No. 1874084. (i) St. Vrain Sanitation District, recorded December 14, 1988 at Reception No. 2164975. (j) United Power, Inc., recorded January 24, 1991 at Reception No. 2239296. (k) Wiggins Telephone Association recorded October 14, 1992 at Reception No. 2306829. 13. An Oil and Gas Lease, executed by Vicki J. Tibboel as Lessor(s) and by T. Verne Dwyer as Lessee(s) for a primary term of 5 years, dated January 29, 2010, recorded February 24, 2010 at Reception No. 3677689; and any and all assignments thereof or interests therein. NOTE: Matters affecting the present interest of the lessor or lessee are not shown herein. 14. An Oil and Gas Lease, executed by Valeri W. Benjamin as Lessor(s) and by T. Verne Dwyer as Lessee(s) for a primary term of 5 years, dated January 29, 2010, recorded March 26, 2010 at Reception No. 3683441; and any and all assignments thereof or interests therein. NOTE: Matters affecting the present interest of the lessor or lessee are not shown herein. 15. An Oil and Gas Lease, executed by Tammy Trimble as Lessor(s) and by T. Verne Dwyer as Lessee(s) for a primary term of 5 years, dated January 29, 2010, recorded March 26, 2010 at Reception No. 3683438; and any and all assignments thereof or interests therein. NOTE: Matters affecting the present interest of the lessor or lessee are not shown herein. 16. Any interest in all oil, gas and other minerals conveyed to OKKI Industries, L.L.C. by Mineral Deed, recorded June 10, 2011 at Reception No. 3773406; together with any rights of ingress and egress therein and any and all assignments thereof or interests therein. This page is only a part of a 2021 ALTA Commitment for Tide Insurance issued by First American Tide Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule 4; Schedule B, Pant 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. Form 50095700 (12-17-21) Page 4 of 13 First American Commitment for Title Insurance Colorado - 2021 v. 01.00 (07-01-2021) 17. Any interest in all oil, gas and other minerals conveyed to Deed by Mineral Deed, recorded October 25, 2011 at Reception No. 3801299; together with any rights of ingress and egress therein and any and all assignments thereof or interests therein. 18. Any interest in all oil, gas and other minerals as reserved by Vicki J. Tibboel and Tammy Trimble and Valeri W. Benjamin in deed recorded September 11, 2014 at Reception No. 4045081; together with any rights of ingress and egress therein and any and all assignments thereof or interests therein. 19. An Oil and Gas Lease, executed by Vicki J. Tibboel as Lessor(s) and by Lincoln Energy LLC, a Colorado limited liability company as Lessee(s) for a primary term of 5 years, dated September 08, 2014, recorded October 20, 2014 at Reception No. 4055321; and any and all assignments thereof or interests therein. NOTE: Matters affecting the present interest of the lessor or lessee are not shown herein. 20. The effect of Recorded Exemption No. 0555-02-1 RECX15-0043 recorded June 04, 2015 at Reception No. 4112991. 21. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as contained in Wellbore Farmout Agreement recorded October 27, 2015 at Reception No. 4153342. 22. Any interest in all oil, gas and other minerals conveyed to Bison Oil & Gas, LLC a Colorado limited liability company by Mineral Deed, recorded November 04, 2015 at Reception No. 4155694; together with any rights of ingress and egress therein and any and all assignments thereof or interests therein. 23. The effect of Request for notification of application for development recorded July 12, 2016 at Reception No. 4218393. 24. An Oil and Gas Lease, executed by Vicki J. Tibboel as Lessor(s) and by Bur Oak Oil and Gas, LLC as Lessee(s) for a primary term of 3 years, dated February 27, 2018, recorded March 12, 2018 at Reception No. 4381940; and any and all assignments thereof or interests therein. NOTE: Matters affecting the present interest of the lessor or lessee are not shown herein. 25. An easement for right-of-way and incidental purposes granted to Poudre Valley Rural Electric Association, Inc. by the instrument recorded March 10, 2020 at Reception No. 4573629 upon the terms and conditions set forth in the instrument. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American 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. Form 50095700 (12-17-21) Page 5 of 13 First American EXHIBIT A Commitment for Title Insurance Colorado - 2021 v. 01.00 (07-01-2021) The Land referred to herein below is situated in the County of Weld, State of Colorado, and is described as follows: LOT B, RECORDED EXEMPTION NO. 0555-02-1 RECX15-0043, RECORDED JUNE 4, 2015 AT RECEPTION NO. 4112991, BEING A PART OF THE NORTHEAST 1/4 OF SECTION 2, TOWNSHIP 8 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule d; Schedule 8, Part I —Requirements; and Schedule B, Part H —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. Form 50095700 (12-17-21) Page 6 of 13 +'d First American DISCLOSURE STATEMENT Commitment for Title Insurance Colorado - 2021 v. 01.00 (07-01-2021) Pursuant to C.R.S. 30-10-406(3)(a) 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. NOTE: If this 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). NOTE: Colorado Division of Insurance Regulations 8-1-2 requires that "Every 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 matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owner's policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed. Pursuant to C.R.S. 10-11-122, the company will not issue its owner's policy or owner's policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation 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. The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. 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. C.R.S. 10-11-122 (4), Colorado Notaries may remotely notarize real estate deeds and other documents using real-time audio -video communication technology. You may choose not to use remote notarization for any document. NOTE: Pursuant to CRS 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. NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-2, Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: This page is only a part of a 2021 ALTA Commitment for Tide Insurance issued by First American 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. Form 50095700 (12-17-21) Page 7 of 13 First American Commitment for Title Insurance Colorado - 2021 v. 01.00 (07-01-2021) 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 have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material -men's liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium, fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. NOTE: 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. NOTE: 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. 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. 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. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American 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. Form 50095700 (12-17-21) Page 8 of 13 First American Commitment for Title Insurance Colorado - 2021 v. 01.00 (07-01-2021) ALTA COMMITMENT FOR TITLE INSURANCE issued by FIRST AMERICAN 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, First American Title Insurance Company, a Nebraska Corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Amount of Insurance and the name of the Proposed Insured. If all of the Schedule B, Part I —Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. FIRST AMERICAN TITLE INSURANCE COMPANY By: ;.t Kenneth D. DeGiorgio, President By: Lisa W. Cornehi, Secretary This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American 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. Form 50095700 (12-17-21) Page 9 of 13 v •xrv� �c r First American COMMITMENT CONDITIONS Commitment for Title Insurance Colorado - 2021 v. 01.00 (07-01-2021) 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. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8, 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. Form 50095700 (12-17-21) Page 10 of 13 First American Commitment for Title Insurance Colorado - 2021 v. 01.00 (07-01-2021) 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 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. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1—Requ/rements; 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. Form 50095700 (12-17-21) Page 11 of 13 First American Commitment for Title Insurance Colorado - 2021 v. 01.00 (07-01-2021) 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. This page is only a pact of a 2021 ALTA Commitment for Title Insurance issued by First American 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. Form 50095700 (12-17-21) Page 12 of 13 First American Commitment for Title Insurance Colorado - 2021 v. 01.00 (07-01-2021) 11. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is $2,000,000 or less may be arbitrated at the election of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule e, 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. Form 50095700 (12-17-21) Page 13 of 13 932 Pages: 1 e0) 15/2023 12:52 PM R 413.00 D Fee:$0.00 � Crly Kopp�a, Clark and Re r, Wild County , CO 6)111 ��iI�U i4 • r;,1eNOW ALL MEN BY1SE PRESENTS .s ) TH , FOR NO CONSIDERATION OF TEN DOLLARS ($10.00), and other good end valuable considerate ' cash in hand pa,i4i0ie receipt and sufficien r` °which is hereby acknow ged, Rosemary Brick hereinafter rued to as "Grantor", do herby remise, release, sell, ct*Vey and quitclaim unto Rbieinary Souza h after "Grantee", who re es at 47669 County Roads23. Nunn. CO 80648-8727;\,the follo ° lands and property, tog r with all improvements)isated thereon, lying in thlbunty of Nurii State of Colorado, twit: t Legal Description:,-„,'NE4 2-8-67 LOT B REC,XEMPT RECX15-0043-'fit of Nunn, County of State of Colorado. Also knov4 by street and number as:47669 County Road 23, Ni on, CO 80648-8727 <. SMECT to all easements, rig) of --way, protective covedias and mineral reservatioi*bf record, if any. HAVE AND TO HcilD same unto Grantee, ttaiiiiiier with all and singgl e appurtenances and thereunto elon m or in anywise the iito appertaining, and all;theestate right, title, intereg �` privileges g g„l'�� . and claim whatso . of the Grantor, either or equity, to the only,proper use, benefit and beh r 41 the Grantee, t(tc�thirs and assigns forevet,, Execute i , i 5 day of �� !; , 2023 ,c'y,> Quit Claim d State of Colorad County of The,f going instrument was 51001Owledged before me by? Yo.o_er. Sok1s,, Grantor, on `c.,� ► 5, 2021:.% • Notary Public � DA MILES ARY PUBLIC TATE OF COLORADO NOTARY ID 20144031791 MX`6OMMISSION EXPIRES AUGUST 19 My commission expires: - I ' ' 1 �y DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: A Better Job, Inc. c/o Troy Hauer RECX15-0043 Planner: D. Aungst Legal Description: NE4 of Section 2, T8N. R67W of the 6th P.M., Weld County, CO Parcel ID #: 0555-02-0-00-005 Lot A Size: 34.9 acres gross Lot B Size: +/- 105.3 acres Water Source: Lot Lot A: B: Proposed Proposed Well Well Sewer System: Lot Lot A: B: Proposed Proposed Septic Septic Criteria Checklist Yes No X 1 Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. The applicant has proposed a well as the source of adequate water for the Lots. Property owners are advised that the quantity of water available for usage may be limited to specific uses, i.e.. "Domestic Use Only," etc. Because each situation is unique, the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver. Colorado 80203. Phone 303-866-3581). to discuss each individual situation. 2. A Weld County Septic Permit is required for proposed lot B septic system and shall be installed according to the Weld County On -site Wastewater Treatment System Regulations. RECX15-0043 Page 1 of 5 3. Prior to recording the plat: A. The applicant shall address the requirements of Weld County School District RE -9 as stated in the referral response dated April 6, 2015. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. B. Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by Section 24-8-10.6 of the Weld County Code. Net acreage calculations should not include future road right-of-way. C. Lot A shall comply with the two and one-half (2 1/2) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include future road right-of-way. D. Lot B shall comply with the thirty-five (35) acre net minimum lot size required by Section 24-8- 40.P. of the Weld County Code. Net acreage calculations should not include future road right- of-way. E. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. 4. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 0555-02-1 RECX15-0043 B. County Road 23 is unmaintained section line right of way. The applicant shall verify and delineate on the map the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is not maintained by Weld County. C. Show the approved non-exclusive license agreement on the Plat and label it with the recorded reception number and date. D. Show the approved access(es) on the plat and label with the approved access permit number (AP15-00115). E. The applicant shall indicate specifically on the plat any right of way and/or easements and indicate whether they are dedicated, private, or deeded and label with recorded document, book and page and/or reception number. F. Show the floodplain and floodway (if applicable) boundaries on the plat. Please label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number. G. The oil and gas setback radiuses for existing wellheads and tank batteries on the site shall be indicated in accordance with Section 23-3-50.E of the Weld County Code. 5. The following notes shall be placed on the plat 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. *No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2012 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead or within a twenty -five-foot radius of any plugged or abandoned oil and gas well. Any construction within a two -hundred -foot radius of any tank battery or one -hundred -fifty -foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6-10.C of this Code. RECX15-0043 Page 2 of 5 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8- 20.C.1 of the Weld County Code. 4) The largest lot of any recorded exemption may not be less than thirty-five (35) acres net unless approved by the Weld County Board of Commissioners in accordance with Section 24-8-40.P. of the Weld County Code. 5) A Flood Hazard Development Permit is required for all construction or development occurring in the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map # 08123C -0925E (no effective date) (Coalbank Creek Floodplain). Any development shall comply with all applicable Weld County requirements, Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials. 6) The installation of any septic system within the 100 -year flood plain shall comply with the Weld County OVVTS flood plain regulations. In accordance with the OWTS Regulations, no septic systems shall be installed within the floodway. 7) Potential purchasers should be aware that the Lots may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 8) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter. 9) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non -buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. 10) Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 11) The historical flow patterns and runoff amounts will be maintained on the site. 12) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that the Lots have an adequate water supply of sufficient quality, quantity and dependability. 13) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. RECX15-0043 Page 3 of 5 14) Building permits shall be obtained prior to the construction of 'any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29- 1-20 and Section 29-3-20.6.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 15) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Wide Road Impact Fee Program. 16) Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. 17) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, arid the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. RECX15-0043 Page 4 of 5 Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 6. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The applicant shall submit one (1) paper copy or one (1) electronic .pdf version of the plat for preliminary approval to the Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The Mylar plat and additional requirements shall be recorded within sixty (60) days from the date the administrative review was signed. The applicant shall be responsible for paying the recording fee. 7. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge shall added for each additional 3 month period. 8. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. 9. If the exemption plat has not been recorded within sixty (60) days from the date the administrative review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or unable to meet any of the conditions within sixty (60) days of approval, the application will be forwarded to the Board of County Commissioners with a staff recommendation for denial. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant. • By: Date: May 8, 2015 Diana Aungst - PI ner RECX15-0043 15-0043 Page 5 of 5 Hello