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Home My WebLink About1.01 Supplemental MaterialsI Brownstein Hyatt I Farber Schreck Memorandum DATE: January 22, 2015 TO: Charles J. Smith FROM: Ginny Hersch RE: Review of Mineral Ownership For GARFIELD COUNTY COMMERCIAL INVESTMENTS, LLC's Parcel 2393-072-00- 031 This memorandum outlines the steps that I took to research the mineral ownership for the property in Garfield County owned by Garfield County Commercial Investments, LLC the 'Property." First I reviewed the commitment for title insurance (the "Commitment") prepared by Stewart Title Guaranty Company as File No. 01330-37872 dated effective March 14, 2014. The Commitment lists reservations in 5 patents covering portion of the Property. The reservation in each patent is for rights of the proprietor of a vein or lode to extract and remove his ore therefrom. The patents were recorded in the office of the Garfield County Clerk and Recorder on: 1. November 17, 1983 in Book 12 Page 255 No. 16539 (Florence Gardner). 2. June 24, 1893 in Book 12 Page 235 Reception No. 16010 (John Gregory). 3. December 4, 1894 in Book 12 Page 339 Reception No. 11720 (Joseph McLarning). 4. January 15, 1896 in Book 12 Page 394 Reception No. 19002 (Charles W. Darrow). 5. January 24, 1906 in Book 56 Page 534 Reception No. 31514 (Hyrcanus Stanton). These patents do not reserve minerals, only easements for ditches and the right to follow veins of minerals. next searched the Garfield County Clerk and Recorder's records starting from the patents and going forward in the Grantee/Grantor index looking for any deed which would sever the mineral estate from the surface. I found 3 cases where the mineral were severed. The severances are: 013738\0001\11848260.1 1. A life estate in and to one half of all the net royalty payments was reserved by Gisella Fiou in deed recorded September 28, 1965 in Book 370 at Page 69 Reception No. 231765. I found obituaries for two of her sons in the local newspaper that stated that Gisella Fiou Myers had predeceased the sons. Because Gisella Fiou is now deceased, the life estate returns to the surface estate. 2. T. M. Sanders by Quitclaim deed from Neil S. Mincer and Erven T. Larson recorded December 17, 1964 in Book 362 Page 445 Reception No. 228037. The reserved interest was not conveyed further by T. M. Sanders. T. M. Sanders a/k/a Thomas M. Sanders a/k/a Thomas Milbern Sanders passed away March 7, 1970 in Orange County, California. His will was recorded in the records of Garfield County on November 19, 1971 in Book 425 Page 1 Reception No. 251765. The will states that his wife is named Pearl M. Sanders, and that he leaves two children David R. Sanders and Marva Sanders Brown. Lucile M. Johnson was appointed as trustee. There are no deeds either to any of the above parties or out from any of them which means that the reservation was not conveyed further. 3. An undivided one -fiftieth of all oil and gas was reserved by Ella J. Chase in Warranty Deed, recorded June 12, 1951 Book 258 Page 594 Reception No. 176326, by Ella J. Chase. Ella J. Chase did not deed the reserved interest out to anyone. Ella J. Chase passed away in Iowa on April 10, 1964 and her will was recorded in Garfield County on February 24, 1965 in Book 364 Page 143 Reception No. 228828. She left any real property to her niece Gladys Zook Smith. There are no deeds into or out from Gladys Zook Smith which refer to the reserved mineral interest. I could not find Gladys Zook Smith through an internet search, Clerk and Recorder search, Assessor's record search or a search of the Glenwood Springs phone listings. The Commitment does not indicate that there are any deeds for mineral interests or reservations other than those mentioned above and it does not indicate that any mineral estate owner has filed a request for notification. next searched the Garfield County Assessor's records. The Garfield County Assessor does not currently track severed minerals unless the mineral owner is able to prove ownership by presenting deeds, title commitments or other evidence to the Assessor. According to Samantha Pickard, the Minerals Clerk for the Garfield County Assessor, there are only 73 severed mineral accounts currently on the tax roll in Garfield County Samantha checked the 73 active mineral accounts and the inactive mineral account records which would reflect any accounts that had been tracked by the Assessor in the past. There are no active or inactive mineral accounts for the property included in the legal description of the Carbondale Investments, LLC property. The vesting deed for the Property is a Correction Deed recorded June 22, 2011 under Reception No. 804202. The Correction Deed contains a reservation by Carbondale Investments LLC, a Texas limited liability company. Article 1 — Reservations, Section 1.2, contains a Reservation of Oil, Gas and Mineral Rights to Carbondale Investments, LLC which "specifically reserves the all right, title, and interest in and to all minerals and mineral rights, and shall retain the right to develop and remove all minerals and mineral rights on, in or that may be produced from the Property." The address for Carbondale Investments, LLC listed in the deed is 5121 Park Lane, Dallas, TX 75220. The Assessor's records indicate the address as: P. O. Box 17330, Little Rock, Arkansas 72222. 2 013738\0001\11848260.1 Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") Garfield County Commercial Investments, LLC agree as follows: 1. The Applicant has submitted to the County an application for the following Project: Garfield County Commercial Investments, LLC - Rezone 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person: Mike Cerbo Phone: ( 303 ) 770-8884 Billing Contact Address: 6162 S. Willow Drive, Suite 320 City: Greenwood VillageState: CO zip Code: 80111 Billing Contact Email: MikeCerbo@GallowayUS.com Printed Name of Person Authorized to Sign: Mike Cerbo (Signature) (Date) ,. Ga... :owa / Memorandum Planning. Architecture. Engineering. To: Ms. Tamara Allen — Planning Manager, Garfield County From: Mike Cerbo — Site Development Coordinator, Galloway Date: December 22, 2014 Re: Garfield County Commercial Investments, LLC — Proof of Ownership Please see the attached documents from the Garfield County Assessor's Office, showing ownership, and 2014 tax information, on the subject property. GCC001 - Garfield County - Proof of Ownership.docx 1 of 1 Galloway & Company, Inc. • 303.770.8884. 6162 S. Willow Drive, Suite 320 . Greenwood Village, CO 80111 . www.GallowayUS.com Tax Account Page 1 of 1 Tax Account Summary Account Id R082856 Parcel Number 239307200031 Owners GARFIELD COUNTY COMMERCIAL INVESTMENTS LLC Address PO BOX 17330 LITTLE ROCK, AR 72222 Situs Address Legal Quarter: SE Section: 1 Township: 7 Range: 88 PARCEL A (EAST PARCEL) Inquiry As Of 10/09/2014 Payment Type 0 First 0 Full Total Due $0.00 Update Value Area Id 011 -1R -MF -011 Mill Levy 69.6020000 Actual Assessed VACANT COMMERCIAL LOTS - 0200 475,000 137,750 Taxes $9,587.68 The amounts of taxes due on this page are based on last year's property value assesments. http://act.garfield-county.com/treasurer/treasurerweb/account. j sp?account=R082856 10/9/2014 Garfield County Assessor Data Site Jim Yellico, 109 8th Street, Suite 207, Glenwood Springs, CO, 81601 (P) 970.945.9134 1 (F) 970.945.3953 1(E) jyellico@garfield-county.com Account Information Account: R082856 Parcel: 239307200031 Owner Name: GARFIELD COUNTY COMMERCIAL INVESTMENTS L Owner Address: PO BOX 17330, LITTLE ROCK, AR, 72222 Property Address: , GLENWOOD SPRINGS Legal: Quarter: SE Section: 1 Township: 7 Range: 88 PARCEL A (EAST PARCEL) Tax Area: 011 Subdivision: Taxable Values History Year Land Actual 2014 475,000 2013 475,000 2012 674,700 Property Details Imp Actual Total Actual 475,000 475,000 674,700 Land Assessed 137,750 137,750 195,660 Imp Assessed Total Assessed 137,750 137,750 195,660 Model Attribute Name Attribute Value LAND 0 ABSTRACT_CODE AREA_ACRES NEIGHBORHOOD Property Images VACANT COM LOTS 43.25 HWY 82 & ROARING FORK RIVER -AG Gaioway To: Ms. Tamara Allen — Planning Manager, Garfield County From: Mike Cerbo — Site Development Coordinator, Galloway Date: February 2, 2015 Re: Garfield County Commercial Investments, LLC - Property Owners List — Two Hundred Feet (200') within GCCI Property NAME JANCO REAL ESTATE HOLDINGS LLC GREMEL HOLDINGS, LLC PAYNE, JOHANNA S & WAYNE S PERKINS, MELVIN L & PHYLLIS M PERAU, RONALD G ASPEN EQUITY GROUP LLC RE DEVELOPMENT CORP ROARING FORK TRANSPORTATION AUTHORITY CHOICE VENTURES, LLC MSLHS PROPERTIES LLC REINKE, HENRYS H LAZY F, LLC RUDD LIMITED LIABILITY COMPANY BARNETT-FYRWALD HOLDINGS, INC., C/O ROBIN FERGUSON REYNOLDS, WILLIAM W & SHEPHERD, JOAN E STEELE, W E & V M FAMILY LLLP RUDD LIMITED LIABILITY COMPANY HERRING FAMILY PARTNERSHIP, LLLP B P INVESTMENTS, LLC K & L LLC GLENWOOD REAL ESTATE INVESTMENT, LLC JSWLAW REI LLC M&M ENTERPRISES, LLC MANSFIELD, LINDA L & MICHAEL L CARBONDALE INVESTMENTS, LLC BUREAU OF LAND MANAGEMENT, C/O COLORADO RIVER VALLEY FIELD OFFICE REINARZ, BERNADETTE F TRUST WAECHTLER, DONALD G & BONNIE F HOWE, JOHN J & HEATHER D VAN RAND PARK ASSOCIATION, C/O DAVE DODSON BAYMAR HOTELS & PROPERTIES INC VAN RAND PARK ASSOCIATION, C/O DAVE DOBSON ADDRESS 7800 HIGHWAY 82 STE 209 PO BOX 557 PO BOX 8198 448 COUNTY ROAD 110 200 DEER RUN TRAIL PO BOX 1439 21 COUNTY ROAD 216 530 E MAIN STREET 8626 COUNTY ROAD 301 46095 HIGHWAY 6 & 24 1400 SHELDON DRIVE PO BOX 185 132 PARK AVE 2222 COTTONDALE LN STE 200 1375 WALNUT STREET#10 PO BOX 1507 132 PARK AVE 31825 HIGHWAY 6 855 ROSE LANE 108 CROWN MOUNTAIN DRIVE PO BOX 2607 7094 HWY 82 133 MARAND RD P O BOX 2508 PO BOX 17330 2300 RIVER FRONTAGE ROAD 1110 COUNTY ROAD 110 7916 HIGHWAY 82 552 COUNTY ROAD 110 PO BOX 248 1111 KANE CONCORSE #211 PO BOX 248 CITY STATE ZIPCODE GLENWOODSPRINGS CO 81601 EMERY UT 84522 ASPEN CO 81612-8198 GLENWOODSPRINGS CO 81601-9604 RIFLE CO 81650 CARBONDALE CO 81623 GLENWOODSPRINGS CO 81601 ASPEN CO 81611 PARACHUTE CO 81635 GLENWOODSPRINGS CO 81601 ELGIN IL 60120 CARBONDALE CO 81623 BASALT CO 81621 LITTLE ROCK AR 72202-2017 BOULDER CO 80302 GLENWOODSPRINGS CO 81602-1507 BASALT CO 81621 SILT CO 81652 CARBONDALE CO 81623 BASALT CO 81621 GRAND JUNCTION CO 81502 CARBONDALE CO 81623 GLENWOODSPRINGS CO 81601-9325 GLENWOODSPRINGS CO 81602 LITTLE ROCK AR 72222 SILT CO 81652 GLENWOODSPRINGS CO 81601 GLENWOODSPRINGS CO 81601-9307 GLENWOODSPRINGS CO 81601 GLENWOODSPRINGS CO 81602-0248 BAY HARBOR ISLANDS FL 33154 GLENWOODSPRINGS CO 81602-0248 Galloway & Company, Inc. • 303.770.8884. 6162 S. Willow Drive, Suite 320 • Greenwood Village, CO 80111 • www.GallowayUS.com Garfield County, CO Map Print Page 1 of 1 PAYNE, JOHANNA S & WAYNE S PO BOX 8198 239307400004 PERKINS, MELVIN L & PHYLLIS M 448 COUNTY ROAD 110 239307400028 RE DEVELOPMENT CORP 21 COUNTY ROAD 216 239307106001 JANCO REAL ESTATE HOLDINGS LLC 7800 HIGHWAY 82 STE 209 239307400026 GREMEL HOLDINGS, LLC PO BOX 557 239307400027 REINKE, HENRY S 1400 SHELDON DRIVE 239307101003 H LAZY F, LLC PO BOX 185 239501400137 RUDD LIMITED LIABILITY COMPANY 132 PARK AVE •239501409003 ASPEN EQUITY GROUP LLC PO BOX 1439 .239307400357 CARBONDALE INVESTMENTS, LLC PO BOX 17330 239307300032 26 more matches... Garfield County, CO Date Printed: 12/23/2014 This map is for illustrative purposes only and does not represent a survey. It is provided 'as is' without warranty or any representation of accuracy, timeliness or completeness. The user acknowledges and accepts all inherent limitations of the maps and data, Including the fact that the maps and data are dynamic and in a constant state of revision, maintenance, and correction. No liability is assumed by Garfield County as to the accuracy of the data delineated herein. http://garfieldco.mygisonline.com/print/?extent=301059.788152685,4368913.99675123,3... 12/23/2014 Gaoway1 Transmittal Company: Garfield County — Community Date: February 2, 2015 Development Address: 108 8th St, Suite 401 Project: GCCI, LLC Rezone Glenwood Springs, CO 81601 Attention: Tamara Allen From: Mike Cerbo Re: Rezone Application Submittal Project No.: GCC001 We are sending you: Original Documents and CD of digital version of submittal documents Overnight For review and approval Delivered by: Transmitted: Summary of enclosed materials Quantity Sheet No. Description 3 Land Use Change Permit Application Form 3 Statement of Authority 3 Payment Agreement Form 1 Application Fee - $450 — Check #5442 3 Proof of Ownership — Garfield County Assessor's Office 3 Proof of Ownership - Vesting Deed 3 Pre -Application Project Summary 3 Vicinity Map 3 Title Commitment with Legal Description — Stewart Title 3 Adjacent Property Owners — 200 Foot Buffer Exhibit 3 Rezone Justification Report & General Project Description 3 Mineral Interest Research — BHFS Memo 1 CD — Complete Application Comments: Please do not hesitate to contact us with any questions or comments. Thank you. CC: Charles Smith, BHFS; Ted Skokos, GCCI, LLC File Code ❑ Transmittal Only 1 of 1 Galloway & Company, Ina- • 303.770.8884. 6162 S. Willow Drive, Suite 320 • Greenwood Village, CO 80111 • www.GallowayUS.com Ga... . •. way February 02, 2015 Ms. Tamara Allen Planning Manager - Garfield County 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Garfield County Commercial Investments, LLC - Rezone Justification Report Dear Ms. Allen, The purpose of this report is to explain how this request for a rezone of the 43.25 acre parcel (parcel 2393-072-00-031) located north and adjacent to the River Edge Colorado Planned Unit Development (REC PUD) and Preliminary Plan meets the applicable criteria for a rezoning in Garfield County. We propose to rezone the property from Residential -Suburban (RS) to Commercial -General (CG). General Project Description The subject property is a 43.25 acre property owned by Garfield County Commercial Investments (GCCI), an affiliate of Carbondale Investments (CI), which owns the property associated with the REC PUD. GCCI also own the property adjacent to the north of the subject property, which currently houses a vacant building. The property this application proposes to rezone is currently zoned RS and is within an Unincorporated Community designation. The southern portion of the property is also within a Rural Employment Center designation. The parcel is bordered by the following zone districts and uses: • North: Properties zoned CG, mostly built out and occupied by existing business. • East: State Highway 82 (SH82); and property zoned CG and Commercial -Limited (CL) properties, mostly built out and occupied by existing businesses. • South: Cattle Creek Road. Access from SH82 is proposed to be eliminated as part of CI applications. The Rio Grande Trail and Cattle Creek Road converge at the southern limits of the property, which borders property zoned PUD. • West: Rio Grande Trail, a publically maintained pedestrian and bike trail. Below is an explanation of how this application meets the applicable criteria for a rezoning, specifically addressing the review criteria set forth in Article 4 of the Garfield County Land Use and Development Code, Section 4-113, Rezoning. Galloway & Company, Inc. • 303.770.8884. 5300 DTC Parkway, Suite 100, Greenwood Village, CO 80111 • www.gallowayUS.com Ms. Tamara Allen Garfield County Commercial Investments Rezone January _, 2015 1. The proposed rezoning would result in a logical and orderly development pattern and would not constitute spot zoning. The subject property borders property to the north that is zoned CG and is also owned by GCCI. To the east and across SH82, the majority of land is zoned CG, with a smaller portion of the land zoned Commercial -Limited (CL). The Roaring Fork Transportation Authority's trail (Rio Grande Trail) is located along the western border of the subject property and is primarily used as a bike path. The subject property is adjacent to existing commercially zoned property and SH82 to the north and east. Rezoning the subject property to CG will continue the existing commercial land use pattern in the surrounding area. The proposed rezoning allows a natural transition from the intensity of SH82 to the REC PUD, and the Rio Grande Trail provides a natural separation between the subject property and the residential properties located to the west (REC PUD & RS zoned properties). The rezoning would result in a logical and orderly development pattern due to the ability to provide transitions and buffers between differing land uses. The rezoning would not constitute spot zoning because commercially zoned property already exists in the area. The property adjacent to the north of the subject property, also owned by GCCI, is zoned CG and previously operated as the Old Sopris and Dos Hermanos restaurants, both of which are no longer in business. 2. The area to which the proposed zoning would apply has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area. The CI property (REC PUD) was rezoned in 2008 to Residential General Suburban Density when the approval for the uncompleted portion of the Sanders Ranch PUD was revoked by resolution 2008-112, by the Board of County Commissioners for Garfield County. The Sanders Ranch PUD was owned by River Bend Colorado, LLC, and included a 54 -acre conservation easement held by the Roaring Fork Conservancy. Under resolution 2008-112, the conservation easement constituted a completed portion of the Sanders Ranch PUD, and is located along the western portion of the CI property and adjacent to the Roaring Fork River. Prior to the approval of the REC PUD, the CI property had been known by several different names, including Sanders Ranch, Bair Chase and Cattle Creek Colorado. In December 2011, the REC development was rezoned to a PUD, and in late 2013 a new zoning map was adopted and the subject property was zoned RS. As construction of the REC PUD and other surrounding residential areas progresses and residents move in, the demand for commercial establishments serving the population of the unincorporated community will increase. Also located within a half mile of the GCCI property are the Los Amigos Ranch, Ironbridge and Aspen Glen PUDs. Each PUD contains existing residential units, and future residential units, that would be served by commercial use on the GCCI property. However, the existing zoning on the GCCI Galloway & Company, Inc. • 303.770.8884. 5300 DTC Parkway, Suite 100, Greenwood Village, CO 80111 • www.gallowayUS.com Ms. Tamara Allen Garfield County Commercial Investments Rezone January _, 2015 property does not allow for commercial development to serve the existing residential, and meet the anticipated demand from future residential development. The Comprehensive Plan defines an unincorporated community as, "Generally, a small town that has not been incorporated. They typically contain a mix of retail, office and residential uses. The commercial uses are intended to serve their own populations and the immediately surrounding residences." The uses allowed under the CG zone will fill the need for commercial uses that focus on serving the population of the unincorporated community, such as restaurants, convenience stores, recreation centers and general retail. CL zoning does exist across the Rio Grande Trail and to the north of the subject property and the east across SH82; however the existing businesses serve the County as a whole and consist of uses such as self -storage, auto repair and construction industry services. The proposed rezone is a response to approved development in the area and growing demand for varied commercial uses. Approval of the rezoning request will allow a variety of additional commercial services and opportunities that will enhance the unincorporated community area, creating a more complete and diverse community. The Comprehensive Plan further provides that in an unincorporated community, "Services and infrastructure are provided by a combination of county (e.g. sheriff) and special districts (fire, water/sewer, school, etc.)." On-site improvements for the GCCI commercial development is expected to be provided without the need for County contribution, through a combination of private financing and public financing. The GCCI has executed a pre -inclusion agreement with the Roaring Fork Water and Sanitation District to provide water and sewer service to the subject property. On September 4, 2012, the Board of County Commissioners approved a Service Plan for the Cattle Creek Metropolitan District (CCMD), which serves the RED PUD and will serve the subject property once "the County has approved a development permit of approval, including building permit, rezoning, PUD or plat for the GCCI property." Per the Service Plan, the CCMD will provide for the financing and construction of infrastructure and utility facilities necessary for the development of the REC PUD and subject property. However, the County should be aware that an amendment to the Service Plan and an application to create a new district have been (or will soon be) submitted for approval, which together will alter the boundaries of the current district so that one district serves the RED PUD only and the other serves the subject property only. This will allow each district to tailor the services it provides, infrastructure it constructs, and the method by which it finances such services and infrastructure to the residential and commercial uses on each property without unnecessarily imposing inappropriate requirements and burdens on the other property. The development of residential land uses in the area has increased in recent years and plans for the CI and GCCI properties have evolved over the past fifteen years as economic conditions have changed. As such, development of retail and office space in the unincorporated community will provide a much-needed healthy mix of uses, with the Galloway & Company, Inc. • 303.770.8884. 5300 DTC Parkway, Suite 100, Greenwood Village, CO 80111 • www.gallowayUS.com Ms. Tamara Allen Garfield County Commercial Investments Rezone January _, 2015 access to the necessary services and infrastructure required to serve a growing community. 3. The proposed rezoning addresses a demonstrated community need with respect to facilities, services and housing. As mentioned above, the unincorporated community lacks an area that allows for commercial and office uses. As residents move in to the REC PUD, other nearby PUDs, and RS areas along the Roaring Fork River, demand will increase for commercial services in the community. The rezone enables the subject property to meet this demand. Because of the subject property's proximity to SH82, development of the subject property for commercial and office uses will certainly benefit the County as a whole. However, as intended under the Comprehensive Plan, the primary purpose of this rezone is to serve the unincorporated community wherein the subject property is located. The proposed commercial and office uses will serve the immediate residents of the local unincorporated community, as well as the surrounding communities, while creating the potential for additional offerings that complement existing commercial uses near the subject property. 4. The proposed rezoning is in general conformance with the Comprehensive Plan and in compliance with any intergovernmental agreement. To the applicant's knowledge, there is only one intergovernmental agreement applicable to the subject property, which requires the County to route major applications to the municipalities and districts that would be directly affected by an application for comments. The proposed rezone application will be routed to the appropriate local, State or Federal agencies for review, in accordance with the Garfield County Land Use and Development Code. The Comprehensive Plan identifies the need for economic diversity and a balance between jobs and housing as primary concerns for the County. The Comprehensive Plan also provides that new growth should occur in areas that can be provided with urban services and that growth efforts should focus around major themes, such as allowing growth in unincorporated communities and in designated centers. A rezone to CG will expand the economic diversity within the unincorporated community and will help achieve a diverse mix of residential, commercial and office uses in the immediate area. The southern portion of the subject property is located within a Rural Employment Center, which the Comprehensive Plan defines to mean, "Small areas that accommodate principally employment uses" and which are "typically located near major roadways" and can contain retail uses. The proposed rezone, and the resulting commercial and office uses on the subject property, would promote job growth and job creation in both the designated Rural Employment Center and the broader unincorporated community. The subject property's proximity to SH82 provides a tremendous opportunity to satisfy the unincorporated community's need for commercial uses with convenient and logical access. In turn, when paired with the affordable Galloway & Company, Inc. • 303.770.8884. 5300 DTC Parkway, Suite 100, Greenwood Village, CO 80111 • www.gallowayUS.com Ms. Tamara Allen Garfield County Commercial Investments Rezone January _, 2015 housing offered by the REC PUD development, the proposed rezone helps the County achieve a balance between housing and jobs offered throughout the County. The proposed rezone is in general conformance with the Comprehensive Plan as the subject property is designated for development. The 54 -acre conservation easement held by the Roaring Fork Conservancy, which constituted a completed portion of the now defunct Sanders Ranch PUD, ensures that open space along the Roaring Fork River is preserved, and a balance between open space and future development is achieved. In conclusion, the rezone will provide commercial land uses in the unincorporated community for the convenience and benefit of future area residents. It will foster a logical and orderly development pattern and fill a need for commercial and office services in the area. The proposed rezone will enhance the economic diversity and vitality of the unincorporated community in which the subject property lies. Approval of the rezone will allow for growth within the unincorporated community and the Rural Employment Center, and will address the demands of an area that has undergone considerable change in recent years. Sincerely, Galloway Michael Cerbo Site Development Coordinator MikeCerbo@gallowayUS.com cc: BHFS, HDR Galloway & Company, Inc. • 303.770.8884. 5300 DTC Parkway, Suite 100, Greenwood Village, CO 80111 • www.gallowayUS.com Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2393-072-00-031 DATE: September 26, 2014 PROJECT: Garfield County Commercial Investments, LLC Rezoning OWNERS/APPLICANT: Garfield County Commercial Investments, LLC REPRESENTATIVE: Mike Cerbo, Galloway and Charles Smith, Brownstein Hyatt Farber Shreck PRACTICAL LOCATION: 7215 SH 82, Glenwood Springs ZONING: Residential -Suburban TYPE OF APPLICATION: Zone District Amendment (Residential—Suburban to Commercial -General) I. GENERAL PROJECT DESCRIPTION The applicant is requesting a change of zoning for the 43.250 acre property from Residential Suburban to Commercial General. This property is located north and adjacent to the property approved for the River Edge PUD and Preliminary Plan. This property is designated in the County's Comprehensive Plan as Residential High (3 dwelling units per acre to 1 dwelling unit per <2 acres). The property is within a water and sewer service area and is also within a Unincorporated Community designation. A designated Rural Employment Center is located at the southern portion of the property. The propery is flanked on the north and east by properties zoned Commerical -General and Commercial- Limited. On the south, properties are zoned PUD, and to the west by PUD and Residential -Suburban. 1 Zoning Map 2 MeV lireM111: %la BITAW jog ea 11411111 trl1, PJ Mill Parcel Location 3 Excerpt from Comprehensive Plan 2030 Future Land Use Map showing approximate location of GCCI parcel II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS • Garfield County Comprehensive Plan 2030 • Garfield County Land Use and Development Code • Table 4-102, Common Review Procedures and Required Notice; • Table 4-201, Application Submittal Requirements III. REVIEW PROCESS The review process shall follow the steps as contained in Table 4-102 and Section 4-113, Rezoning. Please see attached for a flow chart showing the steps in the process. IV. SUBMITTAL REQUIREMENTS Please refer directly to Table 4-201 and the list of General Application Materials in section 4-203. These application materials are generally summarized below: ■ General Application Materials (4-203.8) o Application Form o General project description o Ownership Documentation (deed) and title information indicating if there are any lien holders and/or encumbrances (a title commitment may be necessary) o Statement of Authority or Letter of Authorization, as necessary 4 o Fee Payment and Payment Agreement Form o Pre -Application Conference Summary o Names and addresses of all property owners within 200 feet of project site and all mineral owners of the subject parcels (demonstrated through a search of Clerk and Recorders database and/or Assessors database). • Vicinity Map (4-203.C) • Rezoning Justification Report (4-203.H) (addresses all review criteria) • Legal Description of property Submit three paper copies and one CD for applications. Additional copies will be requested upon determination of completeness. See the land use code for additional information on submittal requirements. V. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: c. Referral Agencies: None (Director's Decision) _X_Planning Commission X Board of County Commissioners _ Board of Adjustment May include Garfield County Road and Bridge Department, Colorado Department of Transportation, RE -1 School District, Fire Protection District, Town of Carbondale, City of Glenwood Springs, Garfield County Designated Engineer, Roaring Fork Water and Sanitation District, Colorado Division of Water Resources, Garfield County Sheriff, Garfield County Environmental Health. VI. APPLICATION REVIEW FEES a. Planning Review Fees: b. Referral Agency Fees: c. Total Deposit: $ 450.00 $ TBD — consulting engineer/civil engineer fees $ 450.00 (additional hours are billed at $40.50 /hour) General Application Processing The pre -application meeting summary is only valid for six (6) months from the date of the written summary. 5 Disclaimer 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. Pre -application Summary Prepared by: - i Z.------ -- September 26, 2014 Tamra Allen, Planning Manager Date Garfield County STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of Garfield County Commercial Investments, LLC a limited liability company (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is Garfield County Commercial Investments, LLC and is formed under the laws of Texas The mailing address for the Entity is 5121 Park Lane, Dallas, TX 75220 The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is Mike Cerbo The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): None Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED this day of January Signature: Name (printed): Ted Skokos Title (if any): ►"),4,..q0 i �. ILA. 42 u.be. 2015 STATE OF /r )5S. COUNTY OF 47//4, The foregoing instrument was acknowledged before me this day of January 2015 by jet) 5Gr. u4S , on behalf of Garfield County Commercial Investments, LLC a limited liability company Witness my hand and official seal. My commission expires: 710'/7 (Date) (Notary Public) THEODORE C SKOKOS 5121 PARK LN DALLAS, TX 75220 Order of V' c1,r-C: d d ck C st_io.�� (Y ! a 5 J V ems' POu✓ �cav,ci r FL -P` gu4 7k) Pay to the Date 5442 88-2299/1113 3111 $ tire. o 6 Dollars lei Security Faturs PlainsCapitalBank 4117 www.plainscapitel.com Re-x(�o0.6 For` rre.14Z�tC 2t Ceww.).4- (: 1 L 13 2 2994 .3 L400 14 3 4 51' 5442 V Stewart title View your transaction progress 24/7 via SureClose. Ask us about your login today! Date: March 28, 2014 File Number: 01330-37872 Buyer: Colorado Division of Transportation Seller: Garfield County Commercial Investments, LLC Property: TBD TBD, Glenwood Springs, CO 81601 Please direct all Closing inquiries to: Mary L Scheurich 1620 Grand Avenue Glenwood Springs, CO 81601 Phone: (970) 945-5434 Fax: (800) 966-1709 Email Address: Mary.Scheurich@Stewart.com SELLER: BUYER: Stewart Title - Glenwood Springs - Main 1620 Grand Avenue Glenwood Springs, CO 81601 Garfield County Commercial Investments, LLC Colorado Division of Transportation Delivery Method: Emailed Delivery Method: Emailed Listing Agent: Selling Agent: Delivery Method: Emailed Delivery Method: Emailed We Appreciate Your Business and Look Forward to Serving You in the Future. stewart title Stewart Title - Glenwood Springs - Main 1620 Grand Avenue Glenwood Springs, CO 81601 (970) 945-5434 Escrow Number: 01330-37872 WIRING INSTRUCTIONS US Bank 535 Westminster Mall Westminster, CA 92683 Beneficiary: STEWART TITLE ACCOUNT #: 153910695052 Routing/Transit #: 123000848 PLEASE REFERENCE: Escrow Number: 01330-37872 Escrow Officer: Mary L Scheurich Property Address: TBD TBD Glenwood Springs, CO 81601 Buyer/Borrower: Colorado Division of Transportation "Please be aware Stewart Title cannot accept ACH'S to our Escrow Account" File No.: 01330-37872 Page 1 of 1 ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: s ewa t title guaranty company Authorized Countersignature Matt Morns President and CEO Stewart Title - Glenwood Springs - Main 1620 Grand Avenue Glenwood Springs, CO 81601 (970) 945-5434 64f/ Denise C • rraux Secretary Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form 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. File No. 01330-37872 004 -UN ALTA Commitment (6/17/06) .AM L RICAN 1:04t 11111 A0.1,1.14110N CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< http://www.alta.orgh. All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form 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. File No. 01330-37872 004 -UN ALTA Commitment (6/17/06) AM L RIf.AN \ti[* FYIIF COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No.: 01330-37872 1. Effective Date: March 14, 2014 at 8:00 A.M. 2. Policy or Policies to be issued: (a) A.L.T.A. Owner's Policy Proposed Insured: Amount of Insurance 2006 (Extended) T.B.D. Colorado Division of Transportation (b) A.L.T.A. Loan Policy Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the said estate or interest in said land is at the effective date hereof vested in: Garfield County Commercial Investments, LLC, a Texas limited liability company 5. The land referred to in this Commitment is described as follows: See Attached Legal Description Purported Address: TBD TBD Glenwood Springs, CO 81601 STATEMENT OF CHARGES These charges are due and payable before a policy can be issued TBD Rate TBD Fee: $100.00 Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form 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. File No. 01330-37872 CO STG ALTA Commitment Sch A STO Page 1 of 2 STEWART TITLE GUARANTY COMPANY SCHEDULE A LEGAL DESCRIPTION EAST PARCEL: A tract of land situated in the southeasterly quarter of Section 1, Township 7 South, Range 89 West, and in Section 7, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: Beginning at a point on the westerly right of way line of Colorado State Highway 82, whence a 2 1/2" Brass Cap, found in place, and correctly marked as the southeast corner of said Section 7, bears S. 63°31'48" E. a distance of 2312.55 feet; thence, along the westerly right of way line of Colorado State Highway 82 N. 06°01'00" W. a distance of 1467.90 feet; thence, N. 08°53'00" W. a distance of 200.30 feet; N. 00°18'30" W. a distance of 201.00 feet; N. 06°01'00" W. a distance of 700.90 feet; N. 08°52'00" W. a distance of 313.00 feet; thence, 346.52 along the arc of a curve to the left having a radius of 1820.00 feet, a central angle of 10°54'32" and subtending a chord bearing of N. 15°58'00" W. a distance of 346.00 feet; thence, N. 11°08'00" W. a distance of 97.90 feet; thence, 250.29 along the arc of a curve to the left, having a radius of 1840.00 feet, a central angle of 7°47'38" and subtending a chord bearing of N. 28°19'00" W. a distance of 250.10 feet; thence, N. 35°14'00" W. a distance of 122.52 feet; thence, N. 89°17'09" W. a distance of 7.98 feet to a point on the easterly line of a parcel of land described in Reception No. 575283; thence along said easterly line S. 35°22'19" E. a distance of 1.46 feet to the southeasterly corner of said parcel; thence along the southerly line of said parcel, N. 89°17'09" W. a distance of 224.24 feet to the southwesterly corner of said parcel; thence, N. 00°00'00" W. a distance of 0.68 feet; thence, N. 89°30'08" N. a distance of 0.71 feet; thence, N. 00°20'09" E. a distance of 0.49 feet to the southeasterly corner of a parcel of land described in Reception No. 603760; thence along the southerly line of said parcel the following three courses: 1) N. 89°44'57" W. a distance of 0.99 feet; 2) N. 30°31'43" W. a distance of 65.06 feet; 3) N. 86°47'11" W. a distance of 65.63 feet to the southwesterly corner of said parcel; thence, N. 86°47'11" W. a distance of 52.73 feet; thence, N. 89°36'12" W. a distance of 292.61 feet; thence, N. 89°43'30" W. a distance of 100.90 feet to a point on the easterly right of way line of the Roaring Fork Transit Authority Transportation Corridor Easement; thence, along said easterly right of way line S. 19°38'52" E. a distance of 3829.47 feet; thence, 79.82 along the arc of a curve to the right having a radius of 2915.00 feet, a central angle of 1°34'08" and subtending a chord bearing of S. 18°51"48" E. a distance of 79.82 feet; thence, departing said easterly right of way line N. 89°59'59" E. a distance of 73.94 feet to a point of the westerly right of way line of Colorado State Highway 82, also being the point of beginning. County of Garfield, State of Colorado Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form 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. File No. 01330-37872 CO STG ALTA Commitment Sch A STO Page 2 of 2 STEWART TITLE GUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I File No.: 01330-37872 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment. 5. THE FOLLOWING REQUIREMENT IS FOR DELETION OF SURVEY EXCEPTIONS 2 AND 3 OF THE OWNERS POLICY: A SURVEY, meeting the minimum detail standards of the ALTA/ACSM, Survey OR IMPROVEMENT LOCATION CERTIFICATE, prepared by a registered Colorado surveyor, within the last TWO MONTHS, must be presented to Stewart Title Guaranty Company, for its approval prior to the deletion of any survey exceptions from the OWNERS POLICY. Stewart Title Guaranty reserves the right to take exception to any adverse matters as shown on said survey, or make further inquiry or requirements relative thereto. Said Survey, must be certified to Stewart Title of Colorado and/or Stewart Title Guaranty Company. 6. Relating to Garfield County Commercial Investments, LLC, The Company requires for its review the following: a) Copy of the "Articles of Organization," the Operating Agreement and the regulations of the limited liability company and any amendments thereof b) A certificate of good standing, evidencing that the company is in good standing in the state of its formation c) Execution of Statement of Authority pursuant to the provisions of Section 38-30-172 C.R.S. Note: At the time the Company is furnished these items, the Company may make additional requirements or exceptions. 7. Deed from vested owner(s) vesting fee simple title in the purchaser(s). NOTE: Notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38-35-109 (2). NOTE: The vesting deed is shown as follows: Warranty Deed recorded June 22, 2011 as Reception No. 804202, and Re-recorded June 22, 2011 as Reception No. 804202. NOTE: THIS IS A PRELIMINARY SEARCH Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form 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. File No. 01330-37872 CO STG ALTA Commitment Soh B I Page 1 of 1 STEWART TITLE GUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II File No.: 01330-37872 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 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 but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. The effect of inclusion in any general or specific water conservancy, fire protection, soil conservation or other district or homeowners association or inclusion in any water service or street improvement area. 10. Reservations or exceptions contained in United States Patents, Acts authorizing the issuance thereof, recorded November 17, 1893 in Book 12 at Page 255 as Reception No. 16539, recorded June 24, 1893 in Book 12 at Page 235 as Reception No. 16010, recorded December 4, 1894 in Book 12 at Page 339 as Reception No. 11720, recorded January 15, 1896 in Book 12 at Page 394 as Reception No. 19002 and recorded January 24, 1906 in Book 56 at Page 534 as Reception No. 31514; reserving 1) Rights of the proprietor of a vein or lode to extract and remove his ore therefrom and 2) rights of way for ditches and canals constructed by the authority of the United States. 11. Right of way granted unto the Mountain States Telephone and Telegraph Company as set forth in instruments recorded July 31, 1931 in Book 164 at Page 153 as Reception No. 110551 and in Book 164 at Page 154 as Reception No. 110552. 12. Right of way granted to the Glenwood Springs Irrigation Company as set forth in instruments recorded June 17, 1901 in Book 44 at Page 457 as Reception No. 23960 and recorded August 27, 1945 in Book 217 at Page 150 as Reception No. 154800. 13. Right of way granted unto Holy Cross Electric Association, Inc. as set forth in instrument recorded November 22, 1966 in Book 380 at Page 234 as Reception No. 236424. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form 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. File No. 01330-37872 CO STG ALTA Commitment Sch B II STO Page 1 of 3 STEWART TITLE GUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II 14. Oil, Gas and other minerals reservations as set forth in instrument recorded December 17, 1964 in Book 362 at Page 445 as Reception No. 228037. 15. Agreement recorded August 19, 1994 in Book 912 at Page 970 as Reception No. 467450. 16. Easements and Rights of Way as set forth in License Grant recorded August 2, 1999 in Book 1142 at Page 979 as Reception No. 549752 and Amendment recorded November 15, 2000 in Book 1217 at Page 601 as Reception No. 572247 . 17. Oil and Gas reservations as set forth in instrument recorded June 12, 1951 in Book 258 at Page 594 as Reception No. 176326. 18. Easements and Rights of Way as set forth in Easement Grant recorded August 2, 1999 in Book 1142 at Page 963 as Reception No. 549751; and Amended to Easement recorded November 15, 2000 in Book 1217 at Page 588 as Reception No. 572244. 19. Easements and Rights of Way as set forth in License Grant recorded August 2, 1999 in Book 1142 at Page 993 as Reception No. 549753 and Amendment recorded November 15, 2000 in Book 1217 at Page 596 as Reception No. 572246. 20. Easements and Rights of Way as set forth in Grant of Easement, Open Space Easement recorded August 2, 1999 in Book 1143 at Page 1 as Reception No. 549754; and Amendment to Grant of Easement, Open Space Easement recorded November 15, 2000 in Book 1217 at Page 593 as Reception No. 572245. 21. Grant of Irrevocable License and Fiber Optic and Communications Protection Agreement as set forth in instrument recorded December 15, 1999 in Book 1164 at Page 818 as Reception No. 556678. 22. Grant of Conservation Easement as set forth in instrument recorded February 7, 2000 in Book 1171 at Page 929 as Reception No. 559036 and matters shown on Overall Conservation Easement Plat recorded December 24, 2008 as Reception No. 760571. 23. Easement Agreement as set forth in instrument recorded November 15, 2000 in Book 1217 at Page 610 as Reception No. 572249. 24. Assess Agreement recorded April 20, 2001 in Book 1247 at Page 61 as Reception No. 579635. 25. Ditch Relocation, Operation and Maintenance Agreement as set forth in instrument recorded October 3, 2001 in Book 1292 at Page 61 as Reception No. 589535, First Supplement and Amendment recorded January 26, 2011 as Reception No. 798017. 26. Board of County Commissioners of Garfield County, Resolution No. 2008-112 as set forth in instrument recorded October 7, 2008 as Reception No. 756914. 27. Grant of Easement Agreement as set forth in instrument recorded December 22, 2009 as Reception No. 760451. 28. Easement Grant recorded January 26, 2011 as Reception No. 798016. 29. Roaring Fork Water and Sanitation District, Pre -Inclusion Agreement recorded July 25, 2012 as Reception No. 821791. 30. Memorandum of Understanding Regarding the Intersection of State Highway 82 at the Junction of County Road 110 and County Road 113 recorded October 2, 2012 as Reception No. 824971. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form 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. File No. 01330-37872 CO STG ALTA Commitment Sch B II STO Page 2 of 3 STEWART TITLE GUARANTY COMPANY 1.I! IIYI' COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II NOTE: This product is for informational purpose only. It is not a title insurance product and does not provide any form of coverage. This product is not a guarantee or assurance and does not warrant, or otherwise insure any condition, fact or circumstance. This product does not obligate this Company to issue any policies of title insurance for any subsequent transaction based on the information provided or involving the described herein. This Company's sole liability for any error(s) relating to this product is limited to the amount this was paid for this product. NOTE: Exceptions 1 and 4 may be deleted from the policies, provided the seller and buyer execute the Company's affidavits, as required herein, and the Company approves such deletions. If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), and the Company has not reviewed and approved lien waivers and indemnitor financials, Standard Exception 4 (mechanic lien exception) will not be deleted and no mechanic lien coverage will be furnished. Exceptions 2 and 3 may be deleted from the policies, provided the Company receives and approves the survey or survey affidavit if required herein. Exception 5 will not appear on the policies, provided the Company, or its authorized agent, conducts the closing of the proposed transaction and is responsible for the recordation of the documents. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form 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. File No. 01330-37872 CO STG ALTA Commitment Sch B II STO Page 3 of 3 STEWART TITLE GUARANTY COMPANY DISCLOSURES File No.: 01330-37872 Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; B. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; C. 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 Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) 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." Provided that Stewart Title - Glenwood Springs - Main conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: 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: 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 materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic's and Materialmen'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. To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: 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: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. 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. File No.: 01330-37872 CO Commitment Disclosure WHAT SHARING Contact 1980 STG Privacy Notice Stewart Title Companies DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. a Reasons we can share your personal information. Do we share Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. Yes No For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and non-financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company Yes No For our affiliates' everyday business purposes— information about your creditworthiness. No We don't share For our affiliates to market to you — For your convenience, Stewart has developed a means for you to opt out from its affiliates marketing even though such mechanism is not legally required. Yes Yes, send your first and last name, the email address used in your transaction, your Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non -affiliates to market to you. Non -affiliates are companies not related by common ownership or control. They can be financial and non-financial companies. No We don't share We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] PRACTICES How often do the Stewart Title Companies notify me about their practices? We must notify you about our sharing practices when you request a transaction. How do the Stewart Title Companies protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my personal information? We collect your personal information, for example, when you • request insurance -related services ■ provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No.: 01330-37872 Page 1 Revised 11-19-2013 1111 tin MAME N' LIM+! 11111 Reception#: 804202 06/22/2011 01:16:21 PM Jean Alberico 1 of 14 Rec Fee:$76,00 Doc Fee:0.00 GARFIELD COUNTY CO After Recording Return To: �C'bekw�x 5"", word Z93 Crescen+ LQYde 6-k-nemcd Sprias_rC65 kia CORRECTION DEED - NO DOCUMENTARY FEE REQUIRED. THIS SPECIAL WARRANTY CORRECTION DEED IS BEING RECORDED TO CORRECT A RECEPTION NUMBER REFERENCED IN THE SPECIAL WARRANTY DEED RECORDED ON APRIL 21, 2011 AT RECEPTION NO. 801638 OF THE RECORDS OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO. PURSUANT TO COLO. REV. STAT. § 39-13-104(1)(f), NO DOCUMENTARY FEE SHALL BE IMPOSED UPON THIS SPECIAL WARRANTY CORRECTION DEED. SPECIAL WARRANTY CORRECTION DEED This Special Warranty Deed (this "Deed") is dated this Z Z day of June 2011, between CARBONDALE INVESTMENTS, LLC, a Texas limited liability company ("Grantor") whose address is 5121 Park Lane, Dallas, Texas 75220 and GARFIELD COUNTY COMMERCIAL INVESTMENTS, LLC, a Texas limited liability company ("Grantee") whose address is 1445 Ross Avenue, Suite 3700, Dallas, TX 75202-2799. WITNESSETH, that Grantor, for and in consideration of the sum of Ten and 00/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby confessed and acknowledged by Grantor, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto Grantee, all of that certain real property, situate, lying and being in the County of Garfield, State of Colorado, and more particularly described on Exhibit A attached hereto (the "Property"); TOGETHER WITH all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of Grantor, either in law or equity, of, in and to the Property; SUBJECT TO all covenants, conditions, easements, exceptions, encumbrances, reservations and restrictions of record; AND SUBJECT FURTHER TO the covenants, conditions, restrictions and reservations set forth in Article I of this Deed; TO HAVE AND TO HOLD the Property above bargained and described unto Grantee forever; AND Grantor covenants and agrees to and with Grantee, to warrant and defend the quiet and peaceable possession of the Property, by Grantee, against every person who lawfully claims 1 Special Warranty Deed 11111g6friWkIMIPITIAL+I 111(1 Reception#: 804202 06/22l21a11 01.16;21 PM Jean Rlberico 2 o4 14 Reo Fee:$76.00 Doc Fee:0.00 GARFIELD COUNTY CO the Property or any part thereof, by, through or under Grantor, subject to covenants, conditions, easements, exceptions, encumbrances, reservations and restrictions of record and the covenants, conditions, restrictions and reservations herein contained. ARTICLE T RESERVATIONS 1.1 Reservation of Water Rights. Grantor, for itself, its successors and assigns, hereby reserves all right, title, and interest in and to all water and water rights associated with, historically used on, or attached, allocable or appurtenant to the Property, including, but not limited to, all adjudicated water rights and decrees and priorities therefor; unadjudicated water rights and appropriations; rights in water from tributary and nontributary sources, whether surface or underground; rights existing under well permits issued by the State Engineer; rights in nontributary and not nontributary groundwater; all rights, shares or allotments of water in ditch and reservoir companies, conservancy districts, irrigation districts, conservation districts, or other water distribution organizations, and all shares of stock or other instruments evidencing a right to such water; all rights to water not derived from state law; all water rights claimed under contract, exchange, changes of water rights, or plans for augmentation; all pending water rights applications; all ditches, canals, reservoirs, pipelines, tunnels, wells, pumps, sprinklers and other structures for diverting, storing and conveying water, and all rights of way and easements therefor. 1.2 Reservation of Oil, Gas and Mineral Rights. Grantor, for itself, its successors and assigns, specifically reserves all right, title, and interest in and to all minerals and mineral rights, and shall retain the right to develop and remove all minerals and mineral rights on, in or that may be produced from the Property including, but not limited to, all gravel, sand, oil, gas, and other liquid hydrocarbon substances, casinghead gas, coal, carbon dioxide, helium, geothermal resources, and all other naturally occurring elements, compounds and substances, whether similar or dissimilar, organic or inorganic, metallic or nonmetallic in whatsoever form and whether occurring, found, extracted or removed in solid, liquid or gaseous state or in combination, association or solution with other mineral or non -mineral substances, regardless of their intended use or current commercial value; provided that Grantor waives all rights to use the surface of the Property to exercise the rights reserved in this Section 1.2 and, without limitation of such waiver, Grantor's activities in extracting or otherwise dealing with the minerals and mineral rights shall not cause disturbance or subsidence of the surface of the Property or any improvements on the Property. 1.3 Non -Exclusive Access Easement. Grantor, for itself, its successors and assigns, specifically reserves a perpetual, absolute, non-exclusive easement for access by people, vehicles and equipment on, over, upon, across, under and above portions of the Property as may be necessary, in Grantor's sole discretion, to enable Grantor and others to exercise the rights described in Sections 1.1 and 1.2 above; provided that Grantor, in its exercise of these easement rights, shall not unreasonably interfere with or unreasonably restrict the Grantee's use of the Property. Notwithstanding the foregoing, at any time structures or buildings are under construction or in existence on the Property, Grantor's right to use the surface of the Property pursuant to this access easement shall extend only to those portions of the surface of the Property 2 Special Warranty Deed 1111 MAMA 1141U 'IANdl 51ir1 1 i 11111 Reception#: 804202 06/22f2011 01:46:21 PM .lean Alberico 3 of 14 Rec Fee:$76.00 Doc Fee:0.00 GARFIELD COUNTY CO that are then in use or designated for vehicular or pedestrian access to and from the improvements on the Property or open space. ARTICLE II CONSERVATION EASEMENT The Property is subject to a conservation easement granted to the Roaring Fork Conservancy, a Colorado nonprofit corporation, pursuant to the Grant of Conservation Easement recorded in the records of the Clerk and Recorder of the County of Garfield as Reception No. 559036, and the conservation easement description and map recorded in the records of the Clerk and Recorder of the County of Garfield as Reception Noe6V20O correcting the conservation easement description and map recorded in the records of the Clerk and Recorder of the County of Garfield as Reception No. 760571, and all terms and conditions of the same are incorporated herein by this reference. [Signature and acknowledgment pages follow.] 3 Special Warranty Deed ■111 P111,1 M 10 ,11P1 I L iitiML ERIni 11111 Reception#: 804202 06/22/2011 01:16:21 PM Jean Alberico 4 of 14 Reo Fee:$76.00 Doc Fee:0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, Grantor has executed this Deed as of the day and year first written above. STATE OF e/o{aD COUNTY OF 4r t ) ss. GRANTOR: CARBONDALE INVESTMENTS LC, a Texited liability co r any By: f)6 Name: Rockwood Shepard Its: Authorized Representative The foregoing instrument was ackno ledged before me this G da of June, 2011, by rugal Ste gr0/ as c once/ / /�f Ca{km?e d4 /1��--/1 �L L WITNESS my hand and official seal. My commission expires: -rc A g;12- ��N s.2 140T/App.-.-4 `A ` PUBLICo -tom 9/Z�, %••, ............. IP ;nrit��i,tilrt�� Qr Cl� l"r ntee's signature and acknowledgment page follows.] Notary Public 4 Special Warranty Deed Grantor Signature and Acknowledgment 11111 '♦ 11.1,Milik N14 11111 Reception#• 804202 06/2212011 01:16:21 PM Jean Rlberioo 5 of 14 Rec Fee:$76.00 Doc Fee:0,00 GARFIELD COUNTY CO Agreed to and Accepted: GRANTEE: GARFIELD COUNTY COMMERCIAL INVESTMENTS, LLC, a Texas limited liability company By: Name: Ted R. Sikora II Title: Authorized Representative STATE OF ('.hl,A-bo ) ) ss. COUNTY OF hq.. VE ) The foregoing instrument was acknowledged before me this [1 day of June, 2011, by 750 50 . S s A-01-0-012-17,6) of C FW LJ Cc NTS/ , a -TSYAS u M ITS • P s 4AT� C 1 --CI A -w-- I NiVegriACT� o Lt�L CD-HP/NW/ / WIhand and official seal. My Commission Expires 05/12/2012 5 Special Warranty Deed Grantee Signature and Acknowledgment 1111 I iwMICK VA lid 11 11 1 Reception#: 804202 06/22/2011 01:16:21 PM Jean Alberico 6 of 14 Reo Fee:$76.(110 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A to Special Warranty Deed Legal Description Parcel No. A (East Parcel) A tract of land situated in the southeasterly quarter of Section 1, Township`1 South, Range 89 West, and in Section 7, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: Beginning at a point on the westerly right of way line of Colorado State Highway 82, whence a 2 1/2" Brass Cap, found in place, and correctly marked as the southeast corner of said Section 7, bears S 63°31'48" E a distance of 2312.55 feet; thence, along the westerly right of way line of Colorado State Highway 82 N 06°01'00" W a distance of 1467.90 feet; thence, N 08°53'00" W a distance of 200.30 feet; N 00°18'30" W a distance of 201.00 feet; N 06°01'00" W a distance of 700.90 feet; N 08°52'00" W a distance of 313.00 feet; thence, 346.52 along the arc of a curve to the left having a radius of 1820.00 feet, a central angle of 10°54'32" and subtending a chord bearing of N 15°58'00" W a distance of 346.00 feet; thence, N 11°08'00" W a distance of 97.90 feet; thence, 250.29 along the arc of a curve to the left, having a radius of 1840.00 feet, a central angle of 7°47'38" and subtending a chord bearing of N 28°19'00" W a distance of 250.10 feet; thence, N 35°14'00" W a distance of 122.52 feet; thence, N 89°17'09" W a distance of 7.98 feet to a point on the easterly line of a parcel of land described in Reception No. 575283; thence along said easterly line S 35°22'19" E a distance of 1.46 feet to the southeasterly corner of said parcel; thence along the southerly line of said parcel, N 89°17'09" W a distance of 224.24 feet to the southwesterly corner of said parcel; thence, N 00°00'00" W a distance of 0.68 feet; thence, N 89°30'08" E a distance of 0.71 feet; thence, N 00°20'09" E a distance of 0.49 feet to the southeasterly corner of a parcel of land described in Reception No. 603760; thence along the southerly line of said parcel the following three courses: 1) N 89°44'57" W a distance of 0.99 feet; 2) N 30°31'43" W a distance of 65.06 feet; 3) N 86°47'11" W a distance of 65.63 feet to the southwesterly corner of said parcel; thence, N 86°47'11" W a distance of 52.73 feet; thence, N 89°36'12" W a distance of 292.61 feet; thence, N 89°43'30" W a distance of 100.90 feet to a point on the easterly right of way line of the Roaring Fork Transit Authority Transportation Corridor Easement; A-1 Special Warranty Deed Legal Description of the Property 1111 riPriPINCANO,Kliifid 11141.01,114 11 11 1 Reception#: 804202 06/22/2011 01:16:21 PM Jean Alberico 7 of 14 Rec Fee:$76.00 Doc Fee:0.00 GARFIFLD COUNTY CO thence, along said easterly right of way line S 19°38'52" E a distance of 3829.47 feet; thence, 79.82 along the arc of a curve to the right having a radius of 2915.00 feet, a central angle of 1°34'08" and subtending a chord bearing of S 18°51'48" E a distance of 79.82 feet; thence, departing said easterly right of way line N 89°59'59" E a distance of 73.94 feet to a point of the westerly right of way line of Colorado State Highway 82, also being the point of beginning, containing an area of 43.25 acres, more or less. Parcel No. B (Sopris Parcel) Parcel 1 (as described in deed recorded May 19, 1998 in Book 1068 at Page 543 as Reception No. 525444): A tract of land situated in Lot 2 of Section 7, T. 7 S., R. 88 W. of the 6th P.M. lying northeasterly of the West and South lines of said Lot 2 and Southwesterly of the Southwesterly right of way line of State Highway No. 82 as reconstructed in 1967, said tract described as follows: Beginning at the Southwest corner of said Lot 2 being marked with an iron pin; Whence an iron post with a brass cap found in place and properly marked for the Southeast corner of Sec. 1 in T. 7 S., R. 89 W. of the 6th P.M. bears S.35°31'00" W. 770.44 feet; thence N. 324.69 feet along the Westerly line of said Lot 2 to a point on the Southwesterly right of way line of said Highway; thence S. 34°45'30" E. 229.17 feet along the Southwesterly right of way line of said Highway; thence S. 35°14'00" E. 167 feet along the Southwesterly right of way line of said Highway to a point on the Southerly line of said Lot 2; thence West 227.00 feet along the Southerly line of said Lot 2 to the Southwest corner of said Lot 2, the point of beginning. Parcel 2 (as described as Parcel 1 in quit claim deed recorded May 20, 2002 in Book 1356 at Page 384 as Reception No. 603760 and as described as Exhibit A-1 in quit claim deed recorded January 24, 2001 in Book 1228 at Page 600 as Reception No. 575283): A tract of land situated in Section 7, T. 7 S., R. 88 W. of the 6th P.M., County of Garfield, State of Colorado. Said tract of land being more particularly described as follows: Commencing at the SE corner of Section 1, T. 7 S., R. 89 W. of the 6th P.M.,(with all bearings contained herein being relative to a bearing of N. 00°10'09" E. between the SE corner and the E 1/4 corner of said Section 1) ; thence N. 35°30'10" E. 769.47 feet to a found rebar (southwest corner Lot 2 per Book 687 at Page 650) the true point of beginning; thence North along the Westerly line of that property described in said Book 687 at Page 650 128.34 feet; thence leaving said Westerly line N. 88°59'16" W. along the Southerly boundary line and Southerly boundary line extended of the recorded amended Fyrwald Exemption Plat 103.03 feet; A-2 Special Warranty Deed Legal Description of the Property Reception#: 804202 06122/2011 01:16:21 PM Jean Rlberioo 8 of 14 Rec Fee:$76.00 Doo Fee:0.00 GARFIELD COUNTY CO thence continuing along said Southerly boundary line and Southerly boundary line extended S. 02°48'16" E. 70.52 feet, to a point in an existing fence line; Thence leaving said Southerly boundary extended along an existing fence line the following three (3) courses: 1) S. 86°47'11" E. 65.63 feet; 2) S. 30°31'43" E. 65.06 feet; 3) S. 89°17'09" E. 0.99 feet, to the true point of beginning. Parcel 3: (as described as Parcel 2 in quit claim deed recorded May 20, 2002 in Book 1356 at Page 384 as Reception No. 603760 and as described as Exhibit A-3 in quit claim deed recorded January 24, 2001 in Book 1228 at Page 600 as Reception no. 575283): A tract of land situated in Section 7, T. 7 S., R. 88 W. of the 6th P.M., County of Garfield, State of Colorado. Said tract of land being more particularly described as follows: Commencing at the SE corner of Section 1, T. 7 S., R. 89 W. of the 6th P.M.(with all bearings contained herein being relative to a bearing of N. 00°10'09" E. between the SE corner and the E 1/4 corner of said Section 1) ; thence N. 35°30'10" E. 769.47 feet to a found rebar (Southwest corner Lot 2 per Book 687 at Page 650); thence North along the Westerly line of that property described in said Book 687 at Page 650 128.34 feet, the true point of beginning; thence continuing along said Westerly line North 187.87 feet, to a point on the Southerly right-of-way of State Highway No. 82; thence leaving said Westerly line along said Southerly right -of --way the following two (2) courses: 1) N. 34°53'49" W. 9.76 feet; 2) N. 37°33'19" W. 6.55 feet; thence S. 01°05'14" W. along the Easterly line of the recorded Amended Fyrwald Exemption Plat 200.87 feet; thence leaving said Easterly line S. 88°59'16" E. 13.39 feet to the point of beginning excluding, however, any portion of Parcel 2 and/or Parcel 3 located in or encroaching upon: Lots 3 and/or 4, Amended Fyrwald Exemption Plat, as recorded in Garfield County, Colorado under Reception No. 547543, Parcel 4 (as described as Exhibit A-2 in quit claim deed recorded January 24, 2001 in Book 1228 at Page 600 as Reception No. 575283): A tract of land situated in Section 7, T. 7 S., R. 88 W. of the 6th P.M., said tract of land being more particularly described as follows: Commencing at the SE corner of Section 1, T. 7 5., R. 89 W. of the 6th P.M.,(with all bearings contained herein being relative to a bearing of N. 00°10'09" E. between the SE corner and the E 1/4 corner of said Section 1) ; thence N. 35°30'10" E. 769.47 feet to a found rebar (Southwest corner Lot 2 per Book 687 at Page 650) the true point of beginning; thence North along the Westerly line of that property described in said Book A-3 Special Warranty Deed Legal Description of the Property 1111 Filin,i4 hI1'g ,I 11141.li+LLNICPi 11 II Reception#: 804202 06!22!2011 01:16:21 PM Jean Rlberico 9 of 14 Rec Fee:$76.00 Doc Fee:0.00 GARFIELD COUNTY CO 687 at Page 650 0.68 feet; thence leaving said Westerly line east along the Southerly boundary line of said property 221.76 feet, to a point on the Westerly right-of-way of State Highway No. 82; thence leaving said Southerly line S. 35°22'19" E. along said Westerly right of way 4.26 feet, to a point in an existing fence line; thence leaving said Westerly right-of-way N. 89°17'09" W. along said existing fence line 224.24 feet, to the true point of beginning, excepting from insurance and conveyance the following excepting Parcels 5, excepting Parcel 6, and excepting Parcel 7 Excepting Parcel 5 (as described Exhibit A in quit claim deed recorded May 20, 2002 in Book 1356 at Page 390 as Reception No. 603762) A tract of land situated in Section 7, T. 7 S., R. 88 W. of the 6th P.M.. Said tract of land being more particularly described as follows: Commencing at the SE corner of Section 1, T. 7 S., R. 89 W. of the 6th P.M. (with all bearings contained herein being relative to a bearing of N. 00°10'09" E. between the SE corner and the E 1/4 corner of said Section 1) ; thence N. 00°10'09" E. along said Section line 691.13 feet, to a point on the Northerly boundary line of that property survey recorded as Reception No. 205 in the Garfield County Index for Informational Land Survey Plats, the true Point of beginning; thence continuing along said Section line N. 00°10'09" E. 2.36 feet to a point on the Southerly boundary line of the recorded Amended Fyrwald Exemption Plat; thence leaving said Section line N. 89°13'44" E. along said southerly boundary 344.69 feet; thence leaving said southerly boundary line S. 02°48'16" E. 12.00 feet to a Point in an existing fence line; thence N. 86°47'11" W. along said fence line 52.73 feet; thence continuing along said fence line N. 89°36'14" W. 292.62 feet to the Point of beginning; Excepting Parcel 6 (as described as Exhibit A in quit claim deed recorded January 29, 2001 in Book 1229 at Page 263 as Reception No. 575490): A tract of land situated in Section 7, T. 7 S., R. 88 W. of the 6th P.M., said tract of land being more particularly described as follows: Commencing at the SE corner of Section 1, T. 7 S., R. 89 W. of the 6th P.M.,(with all bearings contained herein being relative to a bearing of N. 00°10'09" E. between the SE corner and the E 1/4 corner of said Section 1) ; thence N. 00°10'09" E. along said Section line 627.10 feet, to a point on the Northerly boundary line of that property survey recorded as Reception No. 305 in the Garfield County Index for Informational Land Survey Plats, the true Point of beginning; thence continuing along said Section line N. 00°10'09" E. 64.03 feet, to a point in an existing fence line; thence leaving said Section line S. 89°36'14" E. along an existing fence line 292.62 feet; A-4 Special Warranty Deed Legal Description of the Property ■III ritIf>i1% in! Reception#: 804202 06/22/2011 01:16:21 PM Jean Albericc 10 of 14 Rep Fee:$76.00 Doc Fee:0.00 GARFIELD COUNTY CO thence continuing along an existing fence line S. 86°47'11' E. 118.36 feet; thence continuing along said fence line S. 30°31'43" E. 64.28 feet, to a point on said northerly boundary; thence leaving said existing fence line N. 90°00'00" W. along said Northerly boundary 443.63 feet, to the point of beginning Excepting Parcel 7 (as described in Exhibit A in Rule and Order, Civil Action No. 5952, District Court in and for the County of Garfield and State of Colorado recorded December 15, 1967 in Book 391 at Page 14 as Reception No. 239725): A tract or parcel of land no. 1 rev. 2 of the Department of Highways, State of Colorado, Project No. S 0130(10), in Lots 2 and 11 of Section 7, T. 7 S., R. 88 West, of the 6th P.M., in Garfield County, Colorado, said tract or parcel being more particularly described as follows: Beginning at a point on the West line of Lot 2, Section 7, T. 7 S., R. 88 W., from which the SE corner of Sec. 1, T. 7 S., R. 89 W. Bears S. 19°29'30" W., a Distance of 1330.0 feet; 1. Thence South along the West line of Lot 2, Section 7, a distance of 304.5 Feet; 2. Thence S. 34°45'30" E., a distance of 231.0 feet; 3. Thence S. 35°14' E., a distance of 92.2 feet to a South line of the Property; 4. Thence along a South line of the property, N. 89°12' E., a distance of 118.5 feet to the east line of Lot 2, Sec. 7; 5. Thence along the east line of Lot 2, Sec. 7, South a distance of 63.8 feet to the SW. Corner of Lot 11, Sec. 7; 6. Thence along the South line of Lot 11, Sec. 7, N. 89°47'E., a distance of 208.0 feet; 7. Thence along the arc left having a radius of arc bears N. of a curve to the 2,050.0 feet a distance of 14.4 feet (the 32°43' W., a distance of 14.4 feet); 8. Thence N. 34°03' W., a distance of 311.4 feet; 9. Thence N. 42°28'30" W. a distance of 487.6 feet, the Point of beginning chord of this more or Further excepting there from any portion of the land within State No. 82 County of Garfield, State of Colorado Parcel C (West Parcel): less, to Highway A tract of land situated in the southeast quarter of Section 1 and the west half of Section 12, Township 7 South, Range 89 West, and in the southwest quarter of Section 7 and the north half of Section 18, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: Beginning at a point on the westerly right of way line of the Roaring Fork Transit Authority Transportation Corridor Easement, whence a 2 1/2" Brass Cap, found in place and correctly marked as the southeast corner of said Section 7, bears S41°30'24"E a distance of 4758.08 feet; A-5 Special Warranty Deed Legal Description of the Property 111I Ilk 11111 Reception#: B04202 06/2212011 01:16:21 PM dean Alberico 11 of 14 Rec Fee:$76.00 Doc Fee:0,00 GARFIELD COUNTY CO thence, departing said right of 1221.19 feet; thence, N 89°43'30" W a distance thence, S 02°00'23" W a distance thence, S 02°15'08" W a distance thence, N 86°35'38" W a distance thence, S 43°10'35" E a distance thence, S 00°24'17" E a distance westerly line of the Roaring Fork thence, along the said Easement feet; thence, S 00°21'30" E a distance thence, S 00°04'33" E a distance thence, S 24°10'18" E a distance thence, S 29°13'16' E a distance thence, S 19°31'50" E a distance thence, S 23°25'35" E a distance thence, S 17°46'37" E a distance thence, S 30°48'54" E a distance thence, S 51°46'41" E a distance thence, S 44°39'33" E a distance thence, S 13°37'07" E a distance thence, S 34°06'17" E a distance thence, S 35°45'21" E a distance thence, S 55°41'54" E a distance thence, S 63°52'39" E a distance thence, S 57°54'58" E a distance thence, S 47°15'14" E a distance thence, S 89°53'16" E a distance thence, N 40°23'30" W a distance thence, S 87°28'29" W a distance thence, S 83°52'12" W a distance thence, N 58°27'19" W a distance thence, N 29°51'31" W a distance thence, N 24°16'24" W a distance thence, N 69°00'53" W a distance thence, S 87°31'44" W a distance thence, N 57°25'01" W a distance thence, N 50°09'49" W a distance thence, N 46°21'12" W a distance thence, N 44°28'05" W a distance thence, N 55°50'08" W a distance thence, N 56°25'40" W a distance thence, N 68°12'23" W a distance thence, N 46°54'04" W a distance thence, N 68°49'21" W a distance thence, N 47°41'50" W a distance thence, N 30°26'40" W a distance thence, N 25°47'01" W a distance thence, N 18°11'39" W a distance thence, N 30°58'21" W a distance thence, N 21°59'14" W a distance thence, N 30°16'07" W a distance thence, N 25°41'38" W a distance way line N 19°38'52" W a distance of of 683.95 feet; of 590.77 feet; of 557.94 feet; of 84.72 feet; of 251.44 feet; of 1250.60 feet to a point on the Conservancy Easement; line S 03°09'52" W a distance of 741.05 of of of of of of of of of of of of of of of of of of of of of of of of of of of of of of of of of of of of of of of of of of of 553.42 feet; 323.93 feet; 142.52 feet; 615.00 feet; 246.38 feet; 153.19 feet; 173.22 feet; 163.28 feet; 662.76 feet; 175.65 feet; 255.65 feet; 318.15 feet; 225.15 feet; 196.47 feet; 388.20 feet; 449.02 feet; 122.26 feet; 189.76 feet; 69.38 feet; 36.35 feet; 10.80 feet; 41.45 feet; 8.28 feet; 25.22 feet; 9.87 feet; 22.60 feet; 17.28 feet; 26.07 feet; 9.99 feet; 21.45 feet; 49.05 feet; 49.94 feet; 36.45 feet; 55.18 feet; 25.14 feet; 78.78 feet; 24.58 feet; 30.08 feet; 34.61 feet; 29.32 feet; 27.50 feet; 22.97 feet; 169.44 feet; A-6 Special Warranty Deed Legal Description of the Property 1111 Ii leill alti IL'I+ II'I' AGO .I.ER r4'+CI0,1li }iliii • II Reception#: 804202 06/22/2011 01:16:21 PM Jean P1berioo 12 of 14 Rec Fee:$76.00 Doc Fee:0.00 GARFIELD COUNTY CO thence, N 41°17'39" E a distance of 82.61 feet; thence, N 38°34'52" E a distance of 15.89 feet; thence, N 34°26'44" W a distance of 262.40 feet; thence, N 57°58'09" W a distance of 102.47 feet; thence, N 53°43'31" W a distance of 105.38 feet; thence, N 55°58'11" W a distance of 126.13 feet; thence, N 56°14'57" W a distance of 118.42 feet; thence, N 49°16'04" W a distance of 136.33 feet; thence, N 44°30'51" W a distance of 150.05 feet; thence, N 32°49'55" W a distance of 102.14 feet; thence, N 37°44'19" W a distance of 552.12 feet; thence, N 18°10'02" W a distance of 47.26 feet; thence, N 27°58'19" W a distance of 109.20 feet; thence, N 35°01'36" W a distance of 71.09 feet; thence, N 41°32'47" W a distance of 152.23 feet; thence, N 40°22'24" W a distance of 339.82 feet; thence, N 64°20'53" W a distance of 34.06 feet; thence, N 45°00'36" W a distance of 52.42 feet; thence, N 44°53'41" W a distance of 154.66 feet; thence, N 32°35'48" W a distance of 86.59 feet; thence, N 57°01'32" W a distance of 44.89 feet; thence, N 30°33'12" W a distance of 85.72 feet; thence, N 37°39'02" W a distance of 79.09 feet; thence, N 37°32'30" W a distance of 63.32 feet; thence, N 20°02'15" W a distance of 33.98 feet; thence, N 39°52'25" W a distance of 42.02 feet; thence, N 25°36'04" W a distance of 107.17 feet; thence, N 30°34'08" W a distance of 164.72 feet; thence, N 11°39'01" W a distance of 107.90 feet; thence, N 24°56'06" E a distance of 163.60 feet; thence, N 63°39'33" E a distance of 177.81 feet; thence, N 83°14'43" E a distance of 393.54 feet; thence, N 07°15'26" W a distance of 21.79 feet; thence, N 80°51'11" E a distance of 50.00 feet; thence, N 89°15'06" E a distance of 65.56 feet; thence, N 57°50'04" E a distance of 50.12 feet; thence, S 84°51'15" E a distance of 33.08 feet; thence, S 81°39'50" E a distance of 89.61 feet; thence, N 56°07'00" E a distance of 26.86 feet; thence, N 07°38'31" E a distance of 27.93 feet; thence, N 37°41'57" W a distance of 28.06 feet; thence, N 50°00'15" E a distance of 22.23 feet; thence, N 82°02'30" E a distance of 36.49 feet; thence, S 63°34'38" E a distance of 54.05 feet; thence, S 45°59'58" E a distance of 20.95 feet; thence, S 14°44'20" E a distance of 29.18 feet; thence, S 11°11'17" W a distance of 26.42 feet; thence, S 14°58'41" E a distance of 30.14 feet; thence, S 43°42'10" E a distance of 69.77 feet; thence, S 31°36'59" E a distance of 56.76 feet; thence, S 49°38'46" E a distance of 40.12 feet; thence, S 45°30'55" E a distance of 40.88 feet; thence, S 60°16'38" E a distance of 43.39 feet; thence, S 73°16'24" E a distance of 67.60 feet; A-7 Special Warranty Deed Legal Description of the Property 1111 in WADE. ighl'ailklirNiCHIVINCI Mili 11 11 1 Reception#: 804202 06!22{2011 01:16:21 PM Jean Alberico 13 of 14 Rao Fee:$76.00 Dac Fee:0.00 GARFIELD COUNTY CO thence, S 53°05'15" E a distance of 15.86 feet; thence, S 63°37'30" E a distance of 52.31 feet; thence, S 83°28'21" E a distance of 46.95 feet; thence, N 86°20'27" E a distance of 61.04 feet; thence, N 31°59'09" E a distance of 47.07 feet; thence, N 06°58'38" E a distance of 32.16 feet; thence, N 72°08'07" E a distance of 7.98 feet; thence, S 24°51'03" E a distance of 72.35 feet; thence, S 41°52'47" E a distance of 50.71 feet; thence, S 54°44'21" E a distance of 38.31 feet; thence, S 83039139" E a distance of 87.15 feet; thence, S 57°11'12" E a distance of 77.06 feet; thence, S 41°51'16" E a distance of 88.65 feet; thence, S 57°39'13" E a distance of 65.60 feet; thence, S 49°55'38" E a distance of 74.96 feet; thence, S 61°04'52" E a distance of 43.44 feet; thence, S 71°46'03" E a distance of 55.45 feet; thence, N 09°35'09" W a distance of 59.88 feet; thence, N 65°36'14" W a distance of 60.45 feet; thence, N 49°54'10" W a distance of 64.72 feet; thence, N 49°54'10" W a distance of 86.97 feet; thence, N 48°11'10" W a distance of 54.30 feet; thence, N 56°47'27" W a distance of 123.97 feet; thence, N 83°47'24" W a distance of 93.00 feet; thence, N 29°35'31" W a distance of 119.58 feet; thence, N 78°00'43" W a distance of 33.84 feet; thence, S 79°41'48" W a distance of 37.80 feet; thence, S 22°57'52" W a distance of 56.05 feet; thence, S 59°31'57" W a distance of 45.48 feet; thence, N 82°32'35" W a distance of 28.23 feet; thence, N 59°07'03" W a distance of 95.71 feet; thence, N 71°20'44" W a distance of 85.73 feet; thence, N 36°43'10" W a distance of 93.22 feet; thence, N 25°39'22" W a distance of 181.92 feet; thence, N 65°10'24" W a distance of 98.43 feet; thence, S 85°02'33" W a distance of 52.20 feet; thence, S 56°33'52" W a distance of 39.34 feet; thence, S 20°49'33" W a distance of 42.96 feet; thence, S 37°27'43" E a distance of 21.60 feet; thence, N 77°02'57" W a distance of 89.66 feet; thence, S 70°24'18" W a distance of 70.95 feet; thence, N 88°59'39" W a distance of 55.55 feet; thence, S 84°28'58" W a distance of 49.93 feet; thence, N 14°22'48" E a distance of 68.20 feet; thence, N 05°11'46" W a distance of 77.59 feet; thence, N 18°20'05" E a distance of 10.82 feet; thence, N 22°53'40" E a distance of 44.14 feet; thence, N 10°34'58" E a distance of 35.11 feet; thence, N 08°59'51" E a distance of 47.16 feet; thence, N 03°48'08" E a distance of 36.48 feet; thence, N 04°40'52" E a distance of 71.03 feet; thence, N 07°37'51" E a distance of 54.66 feet; thence, N 29°28'14" W a distance of 63.68 feet; thence, N 32°00'44" W a distance of 61.05 feet; A-8 Special Warranty Deed Legal Description of the Property ■IIlriorK r ' milk% larclipvcri 11 111 Reception#: 804202 06/22/2011 01:16:21 PM Jean Alberico 14 o4 14 Rec Fee:$76.00 Doc Fee:0.00 GARFIELD COUNTY CO thence, N 26°17'29" W a distance of 55.52 feet; thence, N 38°14'36" W a distance of 44.36 feet; thence, N 53°11'32" W a distance of 37.73 feet; thence, N 59°54'48" W a distance of 54.16 feet; thence, N 87°51'35" W a distance of 36.97 feet; thence, N 57°33'47" W a distance of 65.70 feet; thence, N 81°56'22" W a distance of 85.02 feet; thence, N 04°11'29" W a distance of 158.65 feet; thence, N 35°50'41" W a distance of 41.30 feet; thence, N 54°46'03" W a distance of 24.70 feet; thence, N 28°51'45" W a distance of 209.99 feet; thence, N 11°58'37" W a distance of 33.82 feet; thence, N 41°03'46" E a distance of 78.19 feet; thence, N 06°29'01" W a distance of 117.20 feet; thence, N 20°05'27" W a distance of 94.24 feet; thence, N 11°32'03" W a distance of 63.83 feet; thence, N 07°57'46" W a distance of 141.45 feet; thence, N 09°56'14" E a distance of 50.76 feet; thence, N 19°17'44" W a distance of 91.04 feet; thence, N 44°41'59" W a distance of 134.55 feet; thence, N 19°23'49" W a distance of 74.18 feet; thence, N 19°33'06" W a distance of 43.27 feet; thence, N 21°30'01" W a distance of 72.23 feet; thence, departing said Easement line N 00°16'30" E a distance of 217.77 feet; thence, N 00°16'30" E a distance of 312.94 feet; thence, S 89°43'30" E a distance of 1005.44 feet to a point on the westerly right of way line of the Roaring Fork Transit Authority Transportation Corridor Easement, also being the point of beginning. The name and address of the person who created this legal description is: Jeffrey Allen Tuttle, P.L.S. 33638 727 Blake Avenue Glenwood Springs, Colorado 81601. A-9 Special Warranty Deed Legal Description of the Property Lkttngs �r Ironbridge Golf Club Cr.. N h 1"=2000' VICINITY MAP GARFIELD COUNTY, COLORADO GaE" way Planning. Architecture. Engineering. PROJECT: GCC INVESTMENTS, LLC — REZONE SCALE: 1"=2000' DATE: OCTOBER, 2014 FILE: GCC001 VIC MAP EXHIBTT.DWG