HomeMy WebLinkAbout1.0 Application,
KarpNeu^HAnlpnr
Sander N. Karp
James S. Neu
Karl J. Hanlon
Michael J. Sawyer
James F. Fosnaught
Arma S. Itenberg
Cassia R. Furman
Jennifer M. Smith
T. Damien Zumbrennen
Jeffrey J. Conklin
201 l4rH Street, Suite 200
P. O. Drawer 2030
Glenwood Springs, CO 81602
Telephone: (97 0) 9 4 5 -2261
Facsimile: (97 0) 9 45 -7 33 6
twvrv.nrountainlarvfi rm.com
Karl J. Hanlon
kih@mountainlarvfi rm.com
August 26,2010
Via Hand Delivery
Fred A. Jarman, AICP, Director
Garfield County Building & Planning
108 Eighth St., Suire 401
Glenwood Springs, CO 81601
Re: Application for Final Plat for Glenwood Commerical Center Subdivision
Dear Fred:
Enclosed please find an application for Final Plat for the Glenwood Commercial Subdivision.
As you will recall, we had a pre-application conference on December 7,2009.
Enclosed are the following:
1. Final Plat Application Form and Fee.
2. Final Plat.
3. Engineer's letters regarding completion of improvements.
4. Title Commitment.
5. Final Declaration of Covenants.
The Preliminary Plan Application was approved via Resolution 2OO9-70 by the Board of
County Commissioners on September 14,2009. The following is a condition by condition response
to the conditions of approval for the preliminary plan. As you will recall, this is a unique subdivision
in that it is completely built out. Accordingty the application materials focus on the preliminary plan
approval conditions. The responses will either answer the condition or give direction as to which the
supporting documentation the answer can be found in. Unfortunately, there is a typographical error
in the numbering on the Resolution so the following numbering tracks the resolution but is not
sequgntial.
No response necessary.
Please see the attached letters from JBL Engineering.
Please see the attached letter from Yeh & Associates dated January ll,20lo
Please see the attached Final Plat.
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2
3
4
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KARP NEU HANLON, P.C
Page2
1.
2.
aJ.
4.
5.
6.(a)
6.(b)
7-(a)
7.(b)
8.
Please see the attached documentation from CDOT.
Please see the Final Plat.
No response necessary. Applicant will pay the fee.
Please see the attached check for $1,600.00 for Revegetation security.
Please see the condominium maps attached.
Please see the Final PIat.
Please see the attached CC&R's.
Please see the Final Plat.
Please see the Final Plat.
Please see letters from JBL Engineering and Yeh & Associates.
At this time, the Applicant believes it has met all of the,requirements of the Preliminary plan
approval and the conditions for issuance of a Final Plat. We would appreciate your review and
scheduling of this matter at your earliest convenience.
Very truly yours,
Karp Neu Hanlon, P.C.
Karl J
KJHjac
Enclosure(s)
cc: Glenwood Commercial
GARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945. 82 1 2 Facsim ile: 970.384 .347 O
www. garf i el d -co u ntv. co m
GENERAL INFORMATION (Please print legibly)
> Name gf Propertv Owner:Glenwood Commercial, LLC
> Mailing Address: P. O. Box 700 Telephone 970 945-4545
> City:Glenwood Springs State: ,CO Zip Code: 81602 6611. ( 970
1
230-0197
> E-mail address:d hicks@princecreek.com
! Name of Owner's Representative. if anv. (AttornCy. Planner. Consultant, etc)
> Mailing Address: P. O. Box 790 Telephone:970 945-2261
> CitY . Glenwood Springs State: 9.O- Zip Code: 81602 gs1;"
> E-mail address: (h@lklavtrfirm.com FAX: ( 9701 945-7336
r Location of Property Section -22 Township 6S Range B9W
> Assessor'sParcel Number: 2 1 B 5 - 2 2 3- 0 0- 0 1 5
> Practical Location / Address of Property:-2550 Hiqhway 82
Glenwood Snrinos.co 81601
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SU BDIVISION APPLICATION
(CHECK THE BOX THAT APPLTES)
SKETCH PLAN (optional)
CONSERVATION SU BDIVISION
PRELIMINARY PLAN
PRELIMINARY PLAN AM ENDMENT
FINAL PLAT
FINAL PLAT AMENDMENT / CORRECTION PLAT
COMBINED PRELIMINARY PLAN & FINAL PLAT
> Current Size of Property to be Subdivided (in acres)4"19 Acres
Subdivisiop' 1 Lot & 95 Condo> Number of Tracts / Lots Created wlthin the Proposed
Lasf Reyised 1A24/08
nits
(l) Residential Units / Lots Size (Acres)Parkinq Provided
Single-Family
Duplex
Multi-Family
Mobile Home
Total
-FirornremqnJ Size (Acres)
(2) Commercial
[3] lndustrial
4.1954366.99
[4) Public / Quasi-Public
[5] Ooen Space / Common Area
Total
GENERAL INFORMATION continued
> Proposed \ffater Source:City of Glenwood S prings
Citv of Glenwood Sorinos
> Proposed Public Access VIA:_State Highwa v82
> Easements
Ditch:
> Total Development Area (fill in the appropriate boxes betow)
190
The following general application materials are required for all types of subdivisions in Garfield
Count}. Application materials that are specific to an individual application type {ConservationSubdivision, Preliminary PIan, etc.) are detailed in Section 5-501 of Articte V of the Unified Land Use
Resolution {ULUR) of 2008.
Submit a completed and signed Application Form, an application fee, and a signed Agreement
for Payment form.
A narrative explaining the purpose of the application and supporting materials that address the
standards and criteria found in Article Vlt of the Unified Land Use Resolution of 2008.
Copy of the deed showing owrtership. Additionally, submit a letter from the property owner(s) if
the owner is being represented by another party other than the owner. lf the property is owned
by a corporate entity {such as an LLC, LLLP, etc.) please submit a copy of recorded " Statement
of Authority" demonstrating that the person signing the application has the authority to act in that
eapacity for the entity.
1
2
3
2
4. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the
subject property and all public and private landowners adjacent to your property (which should
be delineated). ln addition, submit a list of all property owners, private and public, and their
addresses adjacent to or within 200 ft. of the site. This information can be obtained from the
County Assessor's Office. You will also need the names (if applicable) of all mlneral interest
owners of the subject property, identified in the County Clerk and Recorder's records in
accordance with $24-65.5-101, et seq. (That information may be found in your title policy under
Exceptions to Title).
5. Vicinity map: An I % x 11 vicinity map locating the parcel in the County. The vicinity map shall
clearly show the boundaries of the subject property and all property within a 3-mile radius of the
subject property. The map shall be at a minimum scale of 1"=2000' showing the general
topographic and geographic relation of the proposed exemption to the surrounding area for
which a copy of U.S.G.S. quadrangle map may be used.
6. A copy of the Pre-Application Conference form.
Submit 3 copies of this completed application and all the required submittal materials to the
Building and Planning Department. Staff will request additional copies once the application has
been deemed technically complete.
v
The following section outlines and describes the subdivision processes
that are governed by the Board of County Commissfoners by the Unified
Please refer to Article V in the regulations themselves for
for the variety of subdivision actions
Land Use Resolution of 2008 (ULUR)
a higher level of detail.
I. TilE SKETCH PLAN
The sketch plan process (more fully defined in Ariicle V, $ection 5-301 of the ULUR) is an
optional plan review process intended to review at a conceptual level the feasibility and
design characteristics of the proposed division of land. The Yield PIan Review process, set
forth in Section 5-309, may be combined with Sketch Plan Review for applications
proposing Conservation Subdivision.
A. Process: The Sketch PIan Review process shall consist of the following procedures
and as more fully described in Article V, Section 5,801 of the ULUR:
'1. Application
2. Determination of Completeness
3. Evaluation by Director/Staff Review
4. Review by Planning Commission
B. Application Materials. The Sketch Plan review process is set forth in Article V,
Section 5-301 of the ULUR, Sketeh Plan Review and requires the following materials.
1. Application Form and Fees
2. Vicinity Map (5-502(CX2))
3. Yield Plan (required for Conservation Subdivision)
4. Sketch Plan Map (5-502(CX2))
5. Land Suitability Analysis (4-502(D))
J
II. THE CONSERVATION SUBDIVISION
The Conservation $ubdivision (as described in Article V, Section 5-3OB of the ULUR) is a
clustered residential development option that allows reduced lot size and provides density
bonuses in exchange for preservation of rural lands through provision of open space. A
Conservation Subdivision shall be designed as a Density Neutral Development Plan or an
lncreased Density Development Plan. The design standards for each development Plan
option are set forth in Article Vll, Section 7-501 of the ULUR.
A. Process: Conservation Subdivision Review process is the same as the general
subdivision process with the addition of the Yield-Plan Review. The overall
Conservation Subdivision Process shall consist of the following procedures and as
more fully described in Article V, Section 5-301 of the ULUR:
1. Pre-Application Conference
2. $ketch Plan (optional)
3. Yield Plan Review (Can be reviewed concurrently with Preliminary Plan)
4. Preliminary Plan Revlew
5. Final Plat Review
B. Application Materials: The Conservation Subdivision review requires the following
application materials that can found more fully described in Article V, Sections 5-502
and 7-501 of the ULUR:
1. Application Form and Fees
2. Sketch Plan (Optional) (5-501(J))
3. Yield Plan (5-502(CXB))
4. Preliminary Plan (5-501(G))
5. Final Plat (5-501(E))
6. Narrative addressing Design Standards {7-501 through 7-503)
III. THE PRELIMINARY PLAN
The preliminary plan review process will review the feasibility and design characteristics of
the proposed subdivision based on the standards set forth in Article Vll, Sfandards. The
preliminary plan process will also evaluate preliminary engineering design. The Director
may allow the preliminary plan and the final plat process to be combined if the proposed
subdivision has seven (7) parcels or less and development of the lots does not require
extensive engineering.
A. Process: Preliminary Plan Review process shall consist of the following procedures
and as more fully described in Article V, section s-303(B) of the ULUR:
1. Pre-Application Conference
2. Determination of Completeness
3. Evaluation by Director/Staff Review
4
4. Public Hearing and Recommendation by Planning Commission
5. Public Hearing and Decision by Board of County Commissioners
B. Application Materials: The Preliminary Plan review requires the following application
materials as more fully described in Article V, Section 5-502:
1. Application Form and Fees
2. Preliminary Plan Map
3. Yield Plan (Conservation Subdivision only)
4. Open Space Plan, preliminary
5. Open Space Management Plan
6. Landscape Plan (Common Ownership Areas)
7. lmpact Analysis
B. Land Suitability Analysis
9. Lighting Plan consistent with standards in 7-305
10.Visual Analysis
',l1. Preliminary Engineering Reports and Plans
a) streets, trails, walkways and bikeways
b) engineering design and construction features for any bridges, culverts or
other drainage structures to be constructed
c) identification and mitigation of geologic hazards
d) sewage collection, and water supply and distribution system
e) Erosion and Sediment Control Plan
0 Water Supply Plan
g) Sanitary Sewage Disposal Plan
12. Draft lmprovements Agreement, Covenants and Restrictions and By-laws
IV. TH= PRELIMINARY PLAN AMENDMENT
Any proposal to change a preliminary plan approved under these Regulations shall require
application to the Director for Amendment of an Approved Preliminary Plan. The Director
shall review the application to determine whether the proposed change constitutes a
substantial modification to the approved plan as more fully described in Article V, Section 5-
304. (A substantial modification is defined as a Substantiat Change in Article XVI:
Definitions)
A. Outline of Process. The review process for a proposed Amendment of an Approved
Preliminary Plan shall consist of the following procedures.
1 . Pre-Appllcation Conference
2. Application
3. Determination of Completeness
4. Evaluation by Director/Staff Review
5. Decision by Director
B. Application Materials: The Preliminary PIan Amendment review requires the following
application materials as more fully described in Article V, Section 5-501(H):
5
1. Application Form
2. Written Statement of proposed amendment(s)
3. Supporting documents necessary to evaluate the proposed revision(s)
V. THE FINAL PLAT REVIEW
Unless othenruise provided by these Regulations, the applicant must receive preliminary
plan approval before beginning the final plat process. The final plat review is to formally
finalize the actions resultant from the preliminary plan in order to complete the subdivision
process.
A. Outline of Process. The Final Plat Review process shall consist of the following
procedures:
1. Applieation
2. Determination of Completeness
3. Evaluation by Director/Staff Review
4. Review and Action by Board of County Commissioners
5. Recordation of Plat
B" Application Materials: The Final Plat review requires the following application
materials as more fully described in Article V, Section 5-502:
1. Application Form and Fee
2. Final Plat
3. Final Engineering Reports and Plans
a) Streets, trails, walkways and blkeways
b) Engineering design and construction features for any bridges, culverts or
other drainage structures to be constructed
c) Mitigation of geologic hazards
d) Sewage collection, and water supply and distribution system
e) Soil suitability informationf) Groundwaterdrainage
g) Erosion and Sediment Control Plan (4-602 C.4.J
h) Final cost estimates for public improvementsi) The certification listing all mortgages, liens judgments, easements,
contracts, and agreements of record regarding the land to be platted and
the Board of County Commissioners may require, at its discretion, that the
holders of such mortgages, liens, judgments, easements, contracts or
agreements shall be required to join in and approve the application for
Final Plat approval before such Final Plat is accepted for review. All other
exceptions from title shall be delineated.
4. Landscape Plan (Common Area) (4-602 5.)
5" Open Space Plan (if applicable)
6. Open Space Management Plan (lf applicable)
6
7. lmprovernents Agreement, if applicable [include record drawings in digital format,
(4-602 J.)I
8. Letter of lntent for service from all of the utility service providers
a) Contract for Seryice, required prior to Final Plat recordation.
9. Final Declarations of Covenants and Restrictions, HOA articles of incorporation
and bylaws
10- Final Fees to be paid (School-Land Dedication / Traffic lmpact Fees)
VI. THE FINAL PLAT AMENDMENT / CORRECTION PLAT REVIEW
The purpose of the Final Plat Amendment review is to allow for certain amendments to an
approved Final Plat. An amendment may be made to a recorded Final Plat if such
amendment does not increase the number of subdivision lots or result in a major relocation
of a road or add one or more new roads (pursuant to Section 5-306). A corection can be
made to a recorded plat in order to correct an engineering error, mislabeling issue, etc. that
does not affect the substance of the plat.
A. Outline of Processes. The review processes for amending a Final Plat or an
Exemption Plat shall consist of the following regardless of whether the division was
initially approved as a subdivision or an Exemption:
1. Four {4) Subdivision Lots: The Administrative Review Process, detailed in Section
4-104 of Article lV, shall be used for review of a request to amend or correct a
Final Plat modifying lot lines, building envelopes, easement locations or other
interests affecting up to four (4) subdivision lots.
An Amended Final Plat or an Amended Exemption Plat which modifies lot lines or
easements affecting not more than two (2) adjacent lots or Exemption Lots or a
single building envelope shall be subject to the Administrative Review Process
set forth in Section 4-1A4 of Article lV, with the addition of presentation of the
Amended Plat to the Board of County Commissioners for signature, prior to
recording with the Office of the Clerk and Recorder.
2. lt/lore Than Four Lots: The litlajor Exemption Review Process, detailed in Section
5-403, shall be used to amend a Final Plat or an Exemption Plat modifying lot
lines, building envelopes, easement locations or other interests affecting more
four (4) subdivision lots or Exemption Lots.
An Amended Finat Plat which modifies lot lines or easements affecting more than
four (4) subdivision lots or more than one (1) building envelope shall be subject to
the Major Exemption Review Process set forth in Section 5-403.
B. Application Materials: The Final Plat Amendment / Corrected Plat review requires the
following application materials as more fully described in Article V, Section 5-502:
1. Application Form and Fee
2. Preliminary Plan (5-501(G))
7
3. Final Plat, Amended Final Plat
4. Subdivision lmprovement Agreement, if necessary
The Director may allow the Preliminary Plan and the Final Plat process to be combined if
the proposed subdivision has seven (7) parcels or less and development of the lots does
not require extensive engineering. (Section 5-303) No submittal of a combined application
shall be allowed until the Director has made a determination after holding a pre-application
conference.
I have read the statements above and have provided the required attached information
which is correct and accurate to the best of my knowledge.
&,J #s$a-.rranaoeror Commercial.LLC 8-25-10
(Signature of Property Owner)Date
8
GARFIELD COUNTY
BUILDING AND PLANNING DEPARTMENT
FEE SCHEDULE
Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No.
98-09, has established a fee structure ("Base Fee")for the processing of each type of
subdivision and land use applications.
The Base Fee is an estimate of the average number of hours of staff time devoted to
an application, multiplied by an hourly rate for the personnel involved. The Board
recognized that the subdivision and land use application processing time will vary and
that an applicant should pay for the total cost of the review which may require
additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of
the respective positions combined with an hourly overhead cost for the office will be
used to establish the actual cost of County staff time devoted to the review of a
particular project.
Actual staff time spent will be charged against the Base Fee. After the Base Fee has
been expended, the applicant will be billed based on actual staff hours accrued. Any
billing shall be paid in full prior to final consideration of any land use permit, zoning
amendment or subdivision plan. lf an applicant has previously failed to pay application
fees as required, no new or additional applications will be accepted for processing untit
the outstanding fees are paid.
Checks, including the appropriate Base Fee set forth below, must be submitted with
each land use application, and made payable to the Garfield County Treasurer.
Applications will not be accepted without the required application fee. Base Fees are
non-refundable in full, unless a written request for withdraw from the applicant is
submitted prior the initial review of the application materials.
Applications must include a Payment Agreement Form ("Agreement") set forth below.
The Agreement establishes the applicant as being responsibte for payment of all costs
assoclated with processing the application. The Agreement must be signed by the
party responsible for payment and submitted with the application in order for it to be
accepted.
The following Base Fees shall be received by the County at the time of submittal of
any procedural application to which such fees relate. $uch Base Fees shall be in
addition to and exclusive of any cost for publication or cost of consulting service
determined necessary by the Board for the consideration of any application or
additional County staff time or expense not covered by the Base Fee, which have not
otherurise been paid by the applicant to the County prior to final action upon the
application tendered to the County.
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
BASE FEES
TYPE OF LAND USE ACTION BASE FEE
Vacating Public Roads & Rights-of-Way
Sketch Plan
Preliminary Plan / Conservation $ubdivision
Preliminary PIan Amendment
Final Plat
Final Plat Amendment / Correction Plat
Combined Preliminary Plan and Final Plat
Minor Exemption / Amendment
Major Exemption / Amendment
Rural Land Development Option Exemption /Amendment
General Administrative Permit
Floodplain Development Permit
Pipeline Development Plan / Amendment
Small Temporary Employee Housing
Minor Temporary Employee Housing
Limited lmpact Review / Amendment
Major lmpact Review / Amendment
Rezoning: Text Amendment
Rezoning. Zone District Amendment
Planned Unit Development (PUD) / Amendment
Comprehensive Plan Amendment
Variance
lnterpretation
Takings Determination
Planning Staff Hourly Rate. Planning Director
' Senior Planner. Planning Technician. Secretary
County Surveyor Review Fee (includes review of Amended
Plats, Final Plats, Exemption Plats)
Mylar Recording Fee
$400
$325
$675 + application agency
review fees and outside
consultant review fees, as
authorized pursuant to the
Regulations, such as the
Colorado Geologic Survey
$32s
$200
$100
$1,075
$300 / $300
$400 / $300
$400 / $300
$eso
$400
$400 / $300
$s0
$250
$400 / $300
$525 l $400
$300
$450
$500 / $300
$4s0
$250
$250
NO FEE
$50.50
$40.50
$33.75
$30.00
Determined by Surveyor$
$11 - 1't page
$10 each additional page
Page 2
The following guidelines shall be used for the administration of the fee structure set
forth above:
1. All applications shal[ be submitted with a signed Agreement for Payment form set
forth below.
2. County staff shall keep accurate record of actual time required for the processing
of each land use application, zoning amendment, or subdivision application" Any
additional billing will occur commensurate with the additional costs incured by
the County as a result of having to take more time that that covered by the basi
fee.
3" Any billings shall be paid prior to final consideration of any land use permit,
zoning amendment, or subdivision plan. Alt additional costs shall be paid to the
execution of the written resolution confirming action on the application.
4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be
recorded or issued until all fees have been paid.
5. ln the event that the Board determines that special expertise is needed to assist
them in the review of a land use permit, zoning amendment, or subdivision
apptication, such costs will be borne by the applicant and paid prior to the final
consideration of the application. All additional costs shall be paid prior to the
execution of the written resolution confirming action on the application.
6. lf an application involves multiple reviews, the Applicant shall be charged the
highest Base Fee listed above.
7. Types of "Procedures" not listed in the above chart will be charged at an hourly
rate based on the pertinent planning staff rate listed above.
8. The Planning Director shall establish appropriate guidetines for the coilection of
Additional Billings as required.
Page 3
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
PAYMENT AGREEMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and Glenwood Commercial, LLC
Property Owner (hereinafter OWNER) agree as fouows:
1. OIA/NER has submitted to COUNTY an applicatio n 1sr Final Plat of the
Glenwood Commnreial Subdivision (hereinatter, THE PRO.IECT).
2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as
amended, establishes a fee schedule for each type of subdivision or land use review
applications, and the guidelines for the adminislration of the fee structure.
3. OWNER and COUNTY agree that because of the size, nature or scope of the
proposed project, it is not possible at this tirne to ascertain the full extent of the costs
involved in processing the application. OWNER agrees to make payment of the Base Fee,
established for the PROJECT, and to thereafter permit additional costs to be billed to
O![/NER. OVVNER 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" lf actual recorded costs exceed the initial Base Fee, OWNER shall pay
additional billings to COUNTY to reimburse the COUNTY for the processing of the
PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to
the final consideration by the COUNTY of any land use permit, zoning amendment, or
subdivision plan.
PROPERTY OWNER (OR AUTilORTZED REPRESENTATTVE)
S-,J #sa-8-25-10
Signature
David Hicks. Manaqer of Glenwood Commercial, LLC
Print Name
Mailing Address:Glenwood Commercial, LLC
P. 0. Box 700
Glenwood Sprinqs, CO 8'1602
Date
Page 4
GCTO000l- Garfield County Treasurer
Glenwood Comm LLC
BALANCEDATEINVOICE NO DESCRIPTION
200.007 -1_4-LO FINAIJ PLAT FEE Final PIat, Fee
200.00TOTAL >7-30-r-0CHECK
DATE 6CHECK
NUMBER
PLEASE DE-rACH AND RETAll.l FOR YOUR RECORDS
1 , ll, rl , i, i,,,, ,1, ,
Glenwood Commercial, LLC
rij'1ri l',,,l,,,li,l,il,l
' Wbtts farti'b:eanx west,
205 E. Meadows Drive
Glenwood Springs, CO 81601
CHECK NO
6
David Hicks
rE@HmE.ffirt
23-7
1020
AMOUNT
$********200.00
BORDEA CONTAINS MICBOPRINTING
N.A.
i'l'No. l0-72242 HRT
O. Box 700
Glenwood Springs, CO 81602
(970) 94s-4s4s
arfield Countv Treasurertl
.O. Box 1069
lenWood Spgs, CO 81602
DATE
July 30,2010
*****************Two hundred dollars and no cents
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Illt tflifl*,lttlr$ll,Flfitltll*r, Hf 'li+U1{Illfrl,Hl'{
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RecatIonH: 775620
?t-laBdn:"6p::lil?rBilo"l'Pl.1i5[t8fi*',.'o couNry co
STATEOF COLORADO
County of Garfield
)
)ss
)
AtaregularmeetingoftheBoaldofCountycrylis.slolersforGarlieldCountn
Colorado, hetd in the Co-ffiirrioners' Meeting Room, Garfreld County Plaza Building' in
ci"r*""isptittes on Monday, September l4'2009'there were present:
Cornmissioner Chairman
Commissioner
Commissioner
Asst, CountY AttomeY
Clerkof the Board
CountYManager
whenthefolloviingproceedings,amongotherswerebadanddon.e,to-wit:
BESOLUTION NO. .?-Q9?:70
A RESOLUTION CONCERNE} WITII TIIE APPROVAL OE' A PRELIMINARY
PLAN APPLIC'TION TOR GLENWOOD COMMERCTAL CENTER
SUSDIVTSION
Parcel ID: 21 85AX-A0-015
RP.PitaIs
A. The BoBrd of County Commissioners of Garfield County, Colomdo,
received a preliminarypi* Appli6;fio, fto* David Hicks and Glenwood Comrnercial'
LLC to condominiumi* io* i"c*tfy construoted buildiugs into a total of 92 individual
**rft*i r.taif anAlmc* spacss tL be sold and or 1'eased as separate feo interests as
illusuated on the appmved rreliminary Plan attached as Exhibit A;
B.Thesubjectpropertycontainsapproximately4.igacresandisgeneraily
located ai25z0 soutrr6ianid" izll,south Glenwood springs at the municipal limits on
the e:st side of State Highway 82 in Garfield Couaty;
c. The eubject property is located ifl sttldy tt-u I of the Garfield county
Cornprehensive Plan ,ii dO?jq " designated as Commercial General on the Proposed
Land use Disticts rvr"p *Jir*r"rr*fr in {re commercial General Zone Distdct and
G;lly .G"db.J* rfro", on the accompa$ytng Preliminary PIan attached a Exhibit A;
D. The Plarrning Cornmisslon opened I Public }tuqTg on Apri! 8' 2009-upon
the questionor*rr"tnffi*'pi*l-i*i"uty fhir application should be granted, granted with
1
1?
Illl }tr'*f 11,11ft!LtlFlttt[, tlil Ifl 'llHttllllitl lll"l il lll
F"ft'?g'gT.Bi;il'iffi 'r'r"3"$!"?4f 66'EE'rr"ocouNTYco-
conditions, or denied at which hearing the public and interested persons were given the
opportr:nity to u*pr"i* tt "ir opi*o* rlgarding the issuanoe of said Application;
B.TheGarfieldCountyPlanningCommissiouololg{thepu}Iighearingon
the April 8,200g *O i""o**ended "Appro.Iut *itf, Conditionso'for the Prelimiuary Plan
Application to the Board of County Commissioners;
F. On Septcmber 14, 2009, the Board of county commissioners (the Board)
op".rJ a public fnuri"e upon ei" *oqit1* of whether the Preliminary Plan Application
shoulil t" er*Ea,ffidi-*fif. t,irainons, or denied ut *|iqh hearing the public atrd
interested pe$ons were given the opportunity to express their opinions regarding the
issuance of said APPlications;
o. The Board of county commissioners closed the public bearing on the
$eptember 14, 2009 to make a final cleoision;
H. The Board, on the basis of substanlial competent evidence produced at the
aforementioned heaiing, has made the following determination of faots:
1. Proof of propff publio notice was provided as ryqulred for the public hearings
beforu ttri pi*"ing Commission and the Board of Counry Conrmissioners.
Z. Tho publio hearing before the Planning Comrnission"and the Board of Couttty
Comuissione.u da* extensive and complete, that all pertinent-factl, *ul"rs
*d issues were submitted and that alt interested p&rtie$ rvere heard at those
hearings.
3. The preliminary Plan Apptication has met the requirements set forth in the
AarnefA-County Zoning itesolution of 1978, as amended and thc Garfield
. Coun$ Subdivision Regulations of i984, as amended'
4. The above stated and othdr reasons, the proposed Preliminary Plan
Application has been determined to be inthe best interest ofthe heatth, safe8,
*oruf*, ronu*oiengs, order, prosperity and welfare of the citizens of Garfield
. CountY.
RES-OLUTTON
NOW, THEREFORE, BE IT RESOLVED by the Board of county
Commissioners of Garfield Counly, Colorado, that:
A. The forgoing Recitals are incorporated by this referenoe as part of the Resolution'
B. The Preliminary Plan Application submitted by David Hicks and Glenwood
Commercial, iic io
"onaominiumize
four recently eonstructedbuildings into a total
of 92 indiviOuui-**"horisq retail and office spae€s to be sold and or loased as
,.pr*t. fre irrto"rt* as lots as illushated on the Preliminary Plan attached as Bxhibit
2
.3,###ffi'|H:H]il*H-Yn*Hr
ilr'{ I * I
Culverts,drainagepipesanilbridgesshallbedesignedandconstruotedin
accorddrce-Gtrr-g.+$HO recommendations for an !I-20 live load.
3. Pursuflnt to the recommendations in the Preliminary Geot:!rycai study prePT:l
bv Hp Georech i, ffi;ih";ilii.ant shall insad a rockfall fence on the uphill
;id;.;f-brlilt*?r* ; a miiigxion measure or demonstrats that there is an
altemative urr*prr'CL method f,esigned, approved, stamped and sealed by a
Professional Engineer.
4. The rryproved Preliminary pl* ryq Insl Plat shall be required to depiotthe
existing ,urr*"no-p*lection 4:!O(O) of the Garfield County Subdivision
Regulations of igi+l us ,**Ara *{ inc}ude the following documents: Book
345-page 562, #47 5777, #57 117 8, #57 l'L7 9' #684562'
'1, The Applicant shall be required-to^provide the County Building and Planning.. ffi#ilt*itr, ul"ttrr oi email from cDor that provides acknowledgement
11ui ifrr "*irting Stuie Highway Access-Permit coYers be 92 warehouse, retail,
and office spaces pril t" fh"t Plat' Additionally, this letter or email shall also
' indicate that all oftfre privarely constructed improvements located in the CDOT
Easement on the subjeci property have been approved by CDOT'
2. The Applicant shall placc the following. notes be on the Final Plat and in
protective covenaxtsi
a) .Colorsdo ts a "Right-to-Fay"_ltate pursuant fo C,BS. 35'3-1A1, et |eq'
Landowners,'reiif,e,rc* *nd visitors must be prepared to accept the-
activttios, iighti, iorod, and smells ,t o*r,ftr!.4 caunty's agrtcultural
operations fr a'nornal and necessary ispect of livtng.iy. a County with a-
sn ong rurai. "i^ritu, and a healthy rlnclng sector, 4ll must be prepared
to encounter no'iie4 odor, lirhts, mud' dust' smoke chemtcals' machinery
on publtc roads, fivlsqck ort-pubtic roads' storage and disl,osSl .?{*":":::,
ond th, application by spraying or oihdrvvtse of chdinical fertilizers' soit
amendrnenis, herbtciies,'aid pestieides, any one or mors of which-may
natura*y ;;;;;-; ,'part if a tegoi aid non-negltgent agrtculrural
opetatiorus."
b),,Nooprnheartltsoltd-fuelfireplaceswillbeallawedanywhyey,tltlt!:
subd.tyisioi. One (t) nZw iotii-fuel burning stove as_defrned by C,R,5..25-
T-401, et. siq,', iia tt u rugi,tottont primulgated theretxrdet, will be
allowed n oii dwetting unit. Att dwelting units -will be allowed an
unrestrtcted niwbe, of nitural gas barning stoves and appliances."
4 "AlI owners of land, Whethet raruch or tesid.ence, have obligattonsllnder
State law iricii*i,iy regalattons with regard to the maintenance offences
ana irrtgaiiin itrlrit, iontrolling weeds, keptng livestock and pets wtder^
control, ustng properg in accoidance wtth-roitng and otl?*r aspects of
4
flll ilFrtl1,$fiHHlt, H['l#U$l' fi{tilrilll*i llt"! ll ll I
gfff?id[*tP:il]?iF*,"$t.?&ta6'Bl*,.*c.uNTyco
using and - maintaining .P.!oPu?'- Residents and landowfiers are
encoyraxed to learru about theie rights and responsibilitles and acl os good
*uis;b|7r"o;a',i;rt*i ittn couity. A qogd-r1ydrrctory sourca,for such
inyoriotiri it uA Guide-ta Rural Living e Sy1ll Scale Agricultaret' put ottt
by tt, Coloraao Stute l1niversity Exten*ton Office in GarJield County"'
d) ,,All exterior tightins wtll be the minlmum arnount necessary and a-ll
extirior lUntini *tti b, directed inward and downward towards the
meriir o!1n, ,i1au3nn, except that provisions may be made to ollow for
sofety teshtns that goes beyond the property boundartes"'
e) ,,One (l) dogwitt be qttowedfor eaeh residential unit and the dog shall be
,rqi*ua r, ie conJined within the awner's property boundaries."
3, The development is also looated in the RE 1 School District' As such the
a"rrtop*rlJre*iuirra to either dedicate a portion-of land to the district or pay the
uppropriuru dffioi $ire Acquisition Fee to be paid at Final Plat and inctuded as a
"o*poo"ot.itfr"
Gpt"vement Agreemenf. This fee is.generally oalculated from
the as.esseJ-u"iorpri"eA market-value of the parent prope(y' This shall be
calculated and paid at the time of Final Plat Application'
4. The Applicant has quantified the dishubed area to be revegetated as-0.64 acre'
The airirrrc*rt shall'tender a revegetation-t.-"11ry- inthe smount of $1600 with
the Finai pfui"eppfioxion, The r&orlty shaltte held by Garlield -Corrl8 until
vegetatiori;;
.fre;
successfirlly r9i$ablishei according to the County's
Reiarnation st*a*ar. The Board of County Commissioners will designate a
member of tfr-ir Staff to evaluate tho rec.lamation prior to the release of the
securitY.
. 5. The preliminary plan (and Final Plat) shall bg revised.to show all antennas and
"quip*"*.*t"hor
io tL unit that Verizon wi}l lease rvill be contained {n an LCE
usso"i^ttd with their Unit.
6. Fire Protection
*, The Applicant shall eliminate the parking space that is located irr the most
r"dh;;;i;; comer of the property near io the road to tbe Colby and Lynch
ProPerties'
b, The Condominiumization CC&Rs shall contain language that specifically
states who will be responsible for the annual tests and inspections unq Py
,"di*J*.intrn*.* on tfue fire protection systems installed in tlre building
*jiii"-rii" "ithis sub-division. ihe fire suppression system required a.fue
p;;"t" br installed on it to increase the water prcssure to buiklings three
anA
-four; it requires speoial operatio*al procedures to kpep it lirnctioning
t "perty.
ln tiri these documer:s it shall also state that all unit owners or
5
Ilil ltlr ltrT,lttfi lHl Lttl rl$lil# fl{|, I{f lltttllHl,lfl ' { lt il I
Rdception$: 775520
ogl2il2@@9 @2t31:1@ Pll Jean Alberico6-;7-i5 nEc F6eiso.0'o Doc Fee:!1.@0 GARFIELo C0UNTY c0
renters are to supply a key to the door to their unit to the Glenwood springs
fire Deparment-ti p* io ih* Kno* box that is installed on each building.
7. The Applicant shall address the fotlowing comments as part of the Final Plat
Application:
a. Purpose of Plat: Oo the Final. Plat, the Applicant shall add a "purpose
statemenf' under the title of the plat. For example: 'The purpose of this
subdivision plat is to deiineate the condominium units within the
subdivision.
b. The Applicant shall place the following note on the Final Plat and in the
CC&Rs:
This project has been approved requirtng a total of 19a parking spaces as
shawn on the opprooti Preliminary Plan and Final Plat. As each unit is
"tenant-fiitsheidi' and approved by the Garfield -County
Buildtng and
planning Department, thi-parking lat spaces shall be calculated such that
all retail, ofrtt, arcd serviie commercial space requires 1 space for every
200 squari-feet of/toor area (exceptfor storage areas) pursuant Section
5.01.02t3) i|th" m*tug Resolution of 1978, as amended'
Note: "Floor area" is defined pursuant to sectian 2.02.26 of the zontng
Resolution of 1978, as amended as: The totdt habitable horizontal floor
area of alt Jioors .in a buildtng exclusive of basement, garage, stotage and
utilitY area.
No buitding permit shall be issued unless thts calculation lms been
accommodited within the subdivision and does not detract against
alreody accounted for spaces and untts' All stte plans for "tenant$nish
,,units submitted ti the-County Butldtng and Planning Department shall
include a copy of the recorded Final Plat and shall be required to show
. what parking spaces have already been asstgned to other units.
g. The Applicant shall provide a letter to the Building and Planning Deparlment
ftom lbl Engineeiing Consultants that states that the following three
lsg6mmgrldationl have iccured to address the Debris Flow Mitigation.Pond and
Struoture concerlrs raised by the CGS:
A. perform minor adjustments to the grades and back slopes per discussion in
the field. Re-workthe top of embankment to condition and compact the soil
that is exPerience raveling;
B. After these improvements are complete, survey the basin and provide data
for our review. JBL wiil provide guidance for any adjustments neoessar-y;
6
\I|II itr*l$,lfrtrrllllJHqil$,Hll llilf t$Lffillt*1,1il'* I IIl
Recentlon$: 775520
9%r'i3uH3"'3:31i6?.8,,"J'r3"11f36'tB*','r-o couNry co
approved plans.
n"t"a tr,ir4r{ duv ot|y$**,a'D' 2ooe'
.C, Implement adjustments to gtades and.install the outlet structure and
embarkment p*r"rrr"" to iring the basin into complianco with the
ATTEST:
ofthe Board
Upon motion duty made and seconded the foregoing
the following vote:
OARFIELD COTINTY
BOARD OF
COMI4ISS}ONERS,
COIINTY,
adopted by
Aye
Aye
Aye
t
-,
Couaty C1erk and ex-ofiioio Clerk of the
Boffd jh c"*ry ffi county and s_tate aforesaid do hereby
;*tty tt urttr" "i,"*"*i
*J foreeoing Resolulion is trrdy copied from the Recgrds of the
rrorreaing of the Board orcorr"ty commissioners for said Garfield county, rrow In my
T{ount
STATEOFCOLORADO
CountY of Gar{ield
office.
iN WITNESS WHEREOF, I have hereunto
said County, at Glenwood Spdngs, this ..- day of
get my hand and affixed the seal of
A.D.2009
)
)ss
)
cormty clerk and ex-oflicio clerk of the Board of county commissionets
7
si;i:
Professional Engineers
Civil Engineering
Aplil24,2009
DavidHicks
Prince Creek Construction
PO Box 700
Glenwood Springs, CO 81602
Subject: As-BuiIt Ilrainage X'or Site
Review and Recommendations
Reference is made to a Final Drainage Report for Glenwood Commercial, prepared by JLB
Engineering Consultants, dated May 24, 2004.
DearDave,
On April 77,2A09, JLB Eleingering conducted a field visit to review the as-constructed drainage
features on the site. Specificallg we reviewed the grading and outfall for three deterntion ponds
for peak runoffmitigation. There are three peak ruuoffmitigation ponds on the site. pond A is
situated between Highway 82 andthe site entry drive; Pond B is west of building A and pond C
is west of building B.
Based on my field visit, the following actions should be taken:
1.) Suwey the existing ponds and provide data for our review. JLB will provide
guidance for any adjustments necessary.2.) Implement adjustments to grades and stuctures in ponds to bring them into
compliance with the approved Dlainage Study.
Based on our review, there appears to be sufficient room in the detention pond area-s to complete
any minor amendments necessary to bring the ponds into compliance with the Drainage Report.
JLB
7413lPbarCourt Jlouisvinlq Conorado 80027 303.6CI4.n"634
Yeh and ociates. Inc.lfl Consulting Engineers & Scientists
January 11,2Q10
Ivfr. DavidHicks
Prince Creek Construction, Inc.
PO Box 700
Glenrrood Springs, CO 81602
Prbject 29-239
Subject: Rocldall SimulationResults, 2550 Stats Highway 82, Glenwood Springs,
. Colorado.
Dear Mr. Hicks:
This report'has been prepared to summarize the results and conclusions of our computer
simulation and to provide conceptual solutions to mitigate the rockfall hazwdidentified in an
earlia report by HP Geotech dated April 4, 2002. The study was conducted in accordance with
our proposal dated December 7, 2009.
PURPgSE ANp.SCOPE OF' STUpY
The site is occupied by multiple commercial units and is at the base of a hill with rook
outcroppings which may produce future rockfall events, A2A02 report by HP Geotech pibVides
an assessment of the debris flow and rockfall risk for the site. The report recornmends.a
combined rockfall and debris flow protection system that includes a basin and ferrce. A retention
basin has been constructed above the buildings to mitigate the debris flow hazard,. Yeh &
Associates was provided with as-built terrain for the basin and is deeper and wider ttran what was
anticipated in the IIP report. We were requested to provide an updated analysis of possible rock
toajectories and energies based onthe as-built survey and provide concrptiil rnitigation oplions
sITp co}[prrroNs
The study area included the southwest-facing slope on the east side of the Roaring Fork Valley at
the south end of the City of Glenwood Springs. It is bounded on the southwest sirle by State
Highway 82. The field work was conducted on December 16, 2009. The topography of the site
is relatively steep, mountainous terrain. The elevation at ths study area ranges from 5900 to
6800 feet. The slope bonsists of red sandstone cliffs, which are part of the Maroon Formation
with local slope gradients greater than 100%. The lower colluviril slopes have grerdients closer to
3CIo/oto 4A%, A catoh basin has been excavated into the lower part of the slope just above the
fouildings. Most ofthe slope is moderately to sparsely vegetated with gtasses and low shrubs
including garnbrel oak with occasional pinion and cedar.
METHODS OI',EVALUATTON
Our evaluation is based on the survey data provided to us by the client and obtained from the
Gaffield County GIS system. The roskfall hazard assessment and determination of design rock
size is contained in the HP report and was not part of our scope. The area was snow covered and
5700 East Evans Avenue, Denyer, CA IJ0222, (303) 781-9690, Fax (303)
170 Mel Ray Road. Glenwood Sprlngs, C.O 81601. (s70) 384-1500, Fax (97'
570 Turner Drive, Suite.D, Durango, CO 81303, (970) 382-9590, Fax (g7ll
781-96830) 384-1 501) 382-Ss83
29-239.2550 SH82 )WMA AvaUatton
not aocessible at the time of our site visit but we were able to determine the slope oharacteristics
from observation at a distance, photographs and from our familiarity with the area.
We input this information to produce a computet simulation of potential rockfall events using the
Colorado Rockfall Simulation Program (CRSP). A detailed numerioal analysis of the potential
size and frequeucy of the rockfall events likely to occur from the source areas is rlutside of the
scope of this study and was not evaluated. Our analysis used a design rock diameter of 4.65 feet
as provided by the HP report. The starting zone for the rocks was located at the bedrock
outcroppings near elevation 6800 feet. Anatysii points were placed at critical locations on the
profile to assess the validity of the model and to determine design criteria for mitigation at a
favorable looation above the proposed development. We used two lines @ and t) in the
analysis. Line B runs through the deepest part ofthe basin near the north side of the parcel and
Line C is near the south boundary.
REST]LTS
A summary of the CRSP results is provided below. Tables 7 snd2 summarize tlte bounce
heights, velocities and impact energies for the profile lines at ttuee analysis poinls on each line.
Analysis Point I is at the bottom of the catch basin. Analysis Point 2 is located near the top of
the berm which fonns the lower side of the basin and Analysis Point 3 is just uphill of the
building.
CRSP S.ummary .Table 1
TABLE 1 LINE B; 4.65-FOOT ROCK
ANALYSIS
POINT
ROCK SIZE
(in feet)
ROCK
WEIGHT
(inpounds)
BOUNCE
IIEIGHT
(in feet)
lr*u,r*"
lrt-ru,,l
API
Bottom of
basin
+.65 8686
Average
0.56
lArerag" lAverugefts.w ls+,tsz
Maximum
t.9 $u-* lffiffir
AP2
Top ofberm 4.65 8686
Average
0.26
lAv"rage lAveragels.o [8,58]t
Maximum
0.74
M*i-"* lvr*i*"*le.ol lts,tzt
AP3
Wallof
building
4.65 8686
Average 0 loro*" o larouc* o
Maximum o [r*,**, o
lnr*i*r* o
29-239 2550 SH82 bcl@Infuaion
CRSP Suryna{v-Table 2
TABLE 2 LINE C; 4.65-FOOT ROCK
ANATYSIS
POINT
ROCK SIZE
(in feet)
ROCK
WEIGHT
(inpounds)
BOUNCE
IIEIGHT
(infee|
lu*ruo"
Itt-m'l
API
Bottom of
basin
4.65 8686
Average
0.86
lAu*rug" [Au"rugtlgo.gs ftga,z+o
ha*i*o*
lao.zs
Maximum 602,0433.06
AYz
Top of betm +.65 8686
Average
0.25
lAveruge lAveruge112.03 134,124
h{aximum lu*iroo*fuzrl ltos,t,+z
Maximum
t.79
AP3
Wall of
building
4.65 8686
Average
3.05
lAv"rage lAv"ragtlaJs lo,zta
[r*i*o* lrur*i,*,*110.2s 17e,478
Maximum
a.2r
CONCLUSTONS ANI) R4COMMENpATTONS
Based onthe IIP report, observations made atthe site and the results of CRSP, the site is located
within an area that would lik*ly be affected by occasional, naturally occurring rockfall events.
The existing catch basin provides a significant level of protection for most of ths building,
however some additional mitigation effort should be implemonted since the basin does not fully
protect tho south part of the building and due to the type of skuctures that are being protected.
'We recommend creating a 5 foot high, vertical section along the uphill side of tlre existing berm
which fonns the basih. The 5 foot vertical section should be continued all the way to the south
property line where the basin becomes shallow. The vertical face could be created by excavating
into the uphill side of the berrr near the bottom of the basin elevation and supporting the eut face
with conerete blocks, cmuos or a soil nail wall. The vertical face could also be cleated nearthe
top of the berm by using a small MSE wall or reinforced slope. The vertical face should be
designed to resist the impact forces and energies provided in the Tables 1 andZ.
A high capacrty rockfall fence is also an option for this site, Fences are fast to erect and provide
adequate protection; however they require maintenance after an impact and requrire the use of a
proprietary system.
Another option for this site is to construct an MSE benn adjacent to the building but structurally
isolated from it. The berm would need to extend at least 6 feet above the existing grade elevation
along the uphill side of the building.
29-2i9 2550 SHB2 Roclfall Evaluation
LINIITATIONS
This report has been prepared in accordance with generally accepted geologic practices in this
area for use by the client fo: plauning pu{poses. If rockfall mitigation is includecl inthe site-
speoific development plan, Yeh and Associates, Inc. should review the proposed design and
constuction procedure. The preliminary conclusions and recommendations submitted in this
report are based upon data obtained ftom the observations made in the field and numerical
modeling. It should be noted that rockfall and rockfall events are sporadic and unpredictable.
The evaluation included simulation of up to 4.65-foot diameter rocks. Rock fragments gteater
than those evaluated, as well as events with multiple rocks, are possible at this location. The
impact energy of very large rogks may sxceed the design capacrty of most systems. Complete
protection fiom all rockfall hazards is not achievable. Rockfall ftom a very large event is less
likely to occur, but may tako place during the design life of tho skucture.
The frndings and recommendations given in this report are site-specific, and are ,only valid for
the subject site.
Sincerely
Scientist
P
t)
llE
t/,
0
/t
I
Reviewed by Richard D.
Senior Geotechnical
5A32
I
oo9o
STATF COI(-)R DO
DEPARTM ENT OF TRANSPORTATION
Region 3 Traffic & Safety
222 South 6th Streel, Room 100
Grand Junction, Colorado 81501
(e7o)24&-7230
February 5,7007
Prince Creek Construction, Inc.
David Hicks
2520 S. Grand Avenue, Suite 210
Glenwood Springs, CO 81601
If I can be of any firther assistance in this or any other matter, please trbel free to contact me at
the office listsdabove.
Sincerely,
RE: state Highway Access PermitNo.30s203, Application No.05-L6L
Located on Highway No. 082a Milepost 2.s0, rn Garfield county
Dear Mr. David Hicks:
The inspection of the construction required under the aboye named acaess permit has been
completed. All work appears to have been done in general close conformity with the above
narned perrnit.
The inspection done by the Colorado Department of Transportali.on (CDOT) is c,nly fo4 the
general conformance of CDOT ileslgn and code requirements. Itfs tire responsibility ofth"
Permittee to comply with all provisions of the aocess pennit.
In accordance with section 2.5(6) of the State Highway Access Code, ifany construction element
fails priorto November 5, 2009 due to improper constructlon or material specifications, the
Permittee shall be yesponsible for all repairs. Failrue to uake such repairs may result in
suspension of the permit and closure of the access.
In acsordance with section 2.7 of the State Highway Access Code, it is the responsibility of the
permittee for the repair and maintenance of the acccss beyond the edge of the ioadway-
7#
ZaneZtamenacek, PE
Permit Unit Engineer
Region 3 Traffic
Colorado Department of Transportation
cc: Jim Blankenship, JLB Engineering
File
Professional Engineers
Civil Engineering
April24,2009
David Hicks
Prince Creek Construction
2520 GrandAve. Suite 210
Glenwood Springs, CO 81601
Reference is made to a State Highway Access Permit, CDOT Permit No. 30204.3, issued to
Prince Creek Construction, dated 511712002.
Dear Dave,
The referenced permit allows for combined use of the access for Warehousing, General Office
and Residential. The restrictions on the permit are the combined use shall not errceed 100
passenger car equivalent trips in the peak hour.
This access as construction serves Warehousing, General Office and Residential. As the
residential component was not constructed with the project, the estimated trips fhom the other
residential served by this access should result in a peak hour volume lower than the required
maximum.
The access as permitted and approved serves the types of uses listed in the referenced access
permit and the square footages and uses are equal to or less than permitted.
Respectfully Submitted,
JLB Engineering Consultants
James Blankenship, P.E.
Principal
743 lPear Count Jlouisvinne, Colorado 80027 303.604"n634
Profes sional Engineers
Civil Engineering
Apit24,2009
David Hicks
Prince Creek Consfuuction
PO Box 700
Glenwood Springs, CO 81602
Subject: Debris EIow Mitigation Pond and Structure
Review and Recommendations
DearDave,
On Aprit 1712009, JLB Engineering conducted a field visit to review the as-constucted debds
flow mitigation pond on the site. The pond grading was underway and the requirec[ outlet
structure and embankmentprotection were not yet installed.
Based onmy field visit, the following actions should be taken:
1.) Perform minor adjustnents to the grades and back slopes per discussion in the field.
Re-work the top of embankment to condition and compactttre soil thbt is
experiencing raveling.
2.) After these items are completq strrvey the basin andprovide data for our review.
JLB will provide guidance for any adjustnents necessary.3.) Implemont adjustments to grades and install the outlet structure and embankment
protection to bring the basin into compliance with the approved plans.
Based.on our review, there appears to be sufficient room in the basin area to complrote any minor
amendments necessary to bring the ponds into compliance with the Drainage n prt.
743lPearCourt fi,ouisviile, Colorado I CI027 303.604.n634
Professional Engineers
Civil Engineering
May 20,2010
David Hicks
Prince Creek Construction
PO Box 700
Glenwood Springs, CO 81602
Subject: Glenwood Commercial Subdivision
Debris X'low Mitigation Pond and Structure
Remaining Items to Complete and Opinion of Cost To Complete
Dear Dave,
We have completed our review of the remaining work items to complete the installation of the
debris flow and rock fall mitigation pond on the subject site. The remaining work items to
complete the debris flow mitigation aspect of the pond per the HP Geotech Report and Letter
include:
Install outlet stucture
Install rip rap dissipation basin
The remaining items to complete the rock fall mitigation requirements per the Yeh and
Associates report include:
1.) Install impactmitigation wall on uphill side of pond berm
The attached opinion of costs includes the scope of work to complete these items. Upon proper
completion of these work items, the debris flowmitigation and rock fall mitigation requirements
for this project should be satisfied.
1.)
2.)
743 lPear Court )Lotusvinle, Conorado 80027 3CI3"604.n634
I
Land Tifle Guarantee Company
CUSTOMER DISTRIBUTION
GUARANTEE COIVIPANY
Date: 02-25-2009
Property Address
Our Order Number: GW63003852
If you have any'iquiries or require further assistance, please contact one of the numbers below:
For Title Assistance:
Glenwood Springs uGW" Unit
Arne Simonsen
1317 GRAND AVE #2OO
GLENWOOD SPRINGS, CO 81601
Phone: 970-945-26I0
Fax 970-945-4784
EMail: asimonsen@Itgc.com
LEAVENWORTH & KARP PC
PO BOX 2030
GLENWOOD SPRINGS, CO 81601
Attn: ROSAIIE
Phone: 970-945-2261
Fax: 970-945-7336
Copies: 1
EMail: rco@lklawfirm.com
Sent Via EMail
Land Tifle Guarantee ComPanY
Date:
Our Order Number:
02-25-2009
GW63003852
GUARANTEE
Tnle
COIttPANY
PropertY Address:
BuverlBorrower:
GLENwooDCoMMERCTAL,LLC,ACoLoRADoLIMITEDLIABILITYC0MPANY
Seller/Owner:
Check out Land Tifle's web site at www'ltgc'com
ESTIMATE OF TITLE FEES
$794.00
TBD Commitment
lf LaDd Tix],e Gaaraatee Cq)aaY viJ,T be cTosing tltis 1-raasactioD,abowe fees Yi77 be cof.Lected at &aX tiae'
$7e4.00
TOTAL
ros coBcr 06/01 THANKYOU FORYOUR ORDERI
Title
LAND TITTE GUARANTEE COMPANY
INVOICE
Owner:
Property Address:
Your Reference No.:
When refening to this order, please reference our Order No. GW63003852
- CHARGES -
TBD Commitrnent $194.00
--Total:-$194.00
Please make checks payable to:
Land Title Guarantee Company
P.O. Box 5440
Denver, CO 80217
GUAtr-lNTEE COMPANY
OId Republic National Title Insurance Company
ALTA COMMITMENT
Our Order No. GW63003852
Cust. Ref.:Schedule A
Property Address:
1. Effective Date: January 30, 2009 at 5:00 p.M.
2. Policy to be Issued, and Proposed Insured:
"TBD" Commitrnent
Proposed Insured:
GLENWOOD COMMERCIAL, LLC, A COLORADO LIMITED LIABILITY COMPANY
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
A Fee Simple
4. Tifle to the estate or interest covered herein is at the effective date hereof vested in:
5. The Land referred to in this Commitment is described as follows:
SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION
Our Order No: GWG3003852
tEGAt DESCRIPTION
A TRACT oF LAND SITUATED IN THE NEli4SWl/4 SECTIoN 22, ToWNSHIp 6 SoUTH, RANGE89 WEST OF TI{E 6TH PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED ASFOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID NEli4SWl/4 WHENCE THE NORTHWESTCORNER OF SAID NEIi4SWI/4 BEARS N 87 DEGREES 05' W 397.33 FEET SAID POINT ALSOBEING THE NORT}II,VEST CORNER OF THE AMENDED HUGHES SUBDIVISION RECORDED AS REC.#419357 IN THE RECORDS OF THE GARFIELD COUNTY CLERKS OFFICE, THENCE ALONG THEWESTERLY LINE OF SAID SUBDIVISION, S 15 DEGREES 17' W 330.31 FEET TO A POINT ONTHE WESTERLY LINE OF SAID SUBDMSION, PARCEL B;
THENCE LEAVING SAID WESTERLY LINE S 63 DEGREES i9'19'' W 68.06 FEET;THENCE S 26 DEGREES 20'41" E 76.59 FEET TO A POINT SAID WESTERLY LINE;THENCE S 15 DEGREES 17'OO" W 207.59 FEET TO A POINT ON THE NORTHERLY LINE OF THERIGHT OF WAY OF COLORADO STATE HIGHWAY 82;
THENCE N 66 DEGREES 05' W 31.36 FEET ALONG THE NORTH LINE OF SAID RIGHT OFWAY;
THENCE N OO DEGREES 09' W 615.15 FEET, MORE OR LESS TO THE NORTH LINE OF SAIDNE1/4SWI/4;
THENCE S 87 DEGREES 05' E 199.33 FEET ALONG THE NORTH LINE OF SAID NE1/4SW1/4TO THE POINT OF BEGINNING.
PARCEL B:
A TRACT OF LAND SITUATED IN THE NEI/4SW1/4 OF SECTION 22 TOWNSHIP 6 SOUTH,RANGE 89 WEST OF THE 6TH PRINCIPAL MERIDIAN, AND MORE PARTICULARLY DESCRIBED ASFOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID NEIi4SWI/4,
THENCE S 87 DEGREES 05' E 198.00 FEET;
THENCE S OO DEGREES 09' E 615.15 FEET MORE OR LESS TO THE NORTH LINE OF COLORADOSTATE HIGHWAY 82 RIGHT OF WAY;
THENCE N 66 DEGREES 05' W 12.54 FEET ALONG SAID RIGHT OF WAY;THENCE CONTINUING ALONG SAID RIGHT OF WAY N 62 DEGREES 50' W 184.90 FEET;THENCE CONTINUING ALONG SAID RIGHT OF WAY N 60 DEGREES 18'30" W 25.35 FEET TOTHE WEST LINE OF SAID NE1/4SW1/4;
THENCE ALONG SAID WEST LINE N OO DEGREES 09' W 96.18 FEET TO A POINT ON ANEXISTING FENCE LINE;
THENCE ALONG SAID FENCE LINE THE FOLLOWING FIVE (5) COURSES:1. S 88 DEGREES 31'43' E A DISTANCE OF 4.29 FEET;
2. N Ol DEGREES 24'35" W A DISTANCE OF 157.01 FEET;
3. N 05 DEGREES L4'22" W A DISTANCE OF 148.97 FEET;
4. N OO DEGREES 04'18'' E A DISTANCE OF 22.4OFEET;
5. N 06 DEGREES 54'13' E A DISTANCE OF 1OO,IO FEET TO THE POINT OFBEGINNING.
PARCEL A:
COUNTY OF GARFIELD
STATE OF COLORADO
ALTA COMMITMENT
Schedule B-1
(Requirements)
The following are the requirements to be complied with:
Our Order No. GW63003g52
l:{}?t to or for the account of the grantors or mortgagors of the fuII consideration for the estate or interest to be
Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit:
THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUEDPURSUANT HERETO.
ALTA COMMITMENT
Schedule B-2
(Exceptions)Our Order No. GW63003gSz
The policy or policies to be issued wiII contain exceptions to the following unless the same are disposedof to the satisfaction of the Companyt ----.- vrvvruv,' au rut rurru
1' Rights or craims of parties in possession not shown by the pubric records.
2' Easements, or crairirs of easements, not shown by the pubric records.
3' Discrepancies' conflicts in boundary Iines, shortage in area, encroachmenb,-gd any facts which a correct survey andinipection of the premises would disclose anrl whi"ch are ,;i rh;;; by the public reiords.4'
fr?rfil,;",ir,'ffi;ffi,[.}j}::*t'u', Iabor or material theretofore or hereafter rurnished, imposed by raw and
5' Defects' Iiens' encumbrances, adverse claims or other matters, if any,.created, first appearing in the public records orattaching subsequent to the effective date hereof b"t pri;;i;[, af* ,rru proposed insured acquires of record forvalue the estate or interest or,mortgage th...on covered by this commitrnent.
6' Taxes and assessments not yet due or payable and special assessments notyet certified to the Treasurer,s office.7. Any unpaid taxes or assessments against saitl land.
8. Liens for unpaid water and sewer charges, if *y.
9' DEED OF TRUST DATED DECEMBER 2_I,2OO6,FROM GLENWOOD COMMERCIAL, LLC, AcoLoRADo LIMITED LIABILITY coupaNv ro rrm p-usiic rnusrns oF GARFTELD
3RHilfl#sfP.H,i^l,,tEo H rli, :r.rnr *rr suM oF nlEbnoEo orcEnasER 1i, zooa,
I0.DEED OF TRUST DAIE?IqITEMBER 77,200-4,FROM GLENWOOD COMMERCIAL, LLC TOTHE PUBLIC TRUSTEE OF GARFIEl'CiiUryry FOR TiE UiN 5i WNSTSTAR BANK TOSECURE THE SUM OF $2,75O,OOO.O'RE-CORDE-D^SEPTEMBER 30, 2004, UNDERRECEPTION NO. 660803-AND RE RE'O6ig-ry-gVNr,ASE[il, idi,A UNOEN RECEPTION NO.663655 AND RE-RECORDED UNDER NrCrPrrOrV NO. 666104.
11
IZ
RIGHT OF WAYFOR DJTCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THEi,)f ,,#;ltl1ltrr1T"r$yfr:rnuNiiff srArESpai*rr-riBtoRDEDoEEBMsinio,
IrlHi,r%rJLrrTr^T#?:fr:usToNSoFPERMANENTEASEMENTREC0RDEDTUNE06,
13.
IrlH$,r%SliJlirilrrffirl]ivrsroNs oF GRAN' oF EASEMENT REC'RDED MARCH 22,
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15
ALTA COMMITMENT
Schedule B-2
(Exceptions) Our Order No. GW63003SS2
ffi"itTJ:r::ff'flrliff;Thf# contain exceptions to rhe folrowing unress the s.une,re fisposed
5EHi'f; ?I,rJfiiTfJr?-,:?rrf+#r"gipuBlrcurrlrryEASEMENrDEEDREC,RDED
3#ilfi ?I,rjfi1,T$Jr?11?yf+?Tr"gipuBlrcurrl,rryEASEMENTDEEDREC0RDED
ENCROACHMENT OF.TRAILER AND SHEDALO-NG THE WESTERLY-B_OUNDARY AS SHOWN ONiXIffi XfyEli:X*lm,J$ltffijl*,,Sliai%l{l,il,"iltisroorci,aiinl-n,"iooo
EASEMENTS AND RIG.IT! OF WAY FOR UTILITY-L]NES AS SHOWN ON IMPROVEMENT
;8XXf; J#t1??#."Jfi,r&,*itmrnrvrseoiiiCfiffi ;;zs,z*''pnrpanroiv
RESERVATION OF AI,L-EXISTING EASEMEry]q 45 RESERVED BY GRANTOR IN DEEDRECoRDED FEBRUARy z, zooi rN sd"driiiro Ar pAGE I 42.
TERMS, CONDITIONS, PROUSIONS, BURDENS,.OBJIGATIONS AND EASEMENTS AS SETil?tiifl,"f #ilru, rN nrcnr- o i-ri#' cnarvr nrib-nonit crosBn n, 20 0 srN B oo K
TERMS, CONDITIONI $P PROVISIONS OT SIgIUTION 2OO8-1 1 CONCERNING SPECIALH3Jrrffil^ff.ia rcour,aumcaiibivi iacilirv drc"r*ffi;i*uo*" 17, 2008 Ar
IrlH? f8#J|'Sili,fliri*?y,rroNs oF spECrAL usE pERMrr R.EC0RDED rANuARy 17,
TERMS, CONDITIONS^AN-D.PROUSIONS OF RESOLUTION 2OO8-1 1 1 CONCERNING THEtr#|r"rfl oF A spECrAr usr prnrtaifnrconoro o-ciori:ri,ir, 2008 Ar RECEprroN
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20.
2t
22.
I
LAND TMLE GUARANTEE COMPANY ANd LAND TITLE GUARANTEE COMPANY - GRAND JT.INCTIOif
DISCLOSURE STATEMENTS
Note: pursuant to CRS l0_11_l}Z,notice is hereby given that:A) The subject rea property *ry',n""rr*i"d in a special taxing district
:]t':,'sT*:',#H::t;Tc"'H*;;i;;ffi;'ffit.obtainedfromrhecounryc) The information regarairf special districts and the boundaries of such districts may be obtained fromthe Board of count! cr#;;r;;;.1,"t. counry d;k *d ilJora.r, or the county Assessor.
ilt! 3[T'J;lTi:+litJ.: #i:,l]jo;i:f ;.*[T:tr #lfoc,1en!s
received ror recording or mingmargin of at least one harf of an ir.r.-ir,. .r.rk ,,;..;;;;;;il,i:ijr...k#;t* fir:##.ojlrffi "
does not conform, except that, ,rr.."iri."*L r;.rr;"ri**i,iri'n, oo, ,ppry i a".rlrJts using formson which space is provided r"r r.."ffi r, rrrirg#".dffi:fuTtop **gi, of the documenr.
. Note: Colorado Division of Insurance Rezuli
ir:."#Y;li,mrumr# j*Hju:#I;TfNilt:i:Hr:TT:;*,x'*u"'o
documents resurtins r*i, tr,. irrrr.,i* #ii.r, r* d;;;;.;ffi"rTllifJ;ltlf Ai:::f,..company conducts thecr*irg;;;;;.la"o*ru.,io,
una is,effisibre for recording rhe,,',fl,1firu1t.1:[$:,[ilYi1;1',:iff t,"#ffi :lffi,ii;ff ffi earonrheownersrirre
Note: Affirmative mechanic's lien protection for the owner may be availabre (typicary b.y deletion
fi fi':;11,1l,li,Hf"f :Tl#ii;i:;'","ffi ;'il,ffi #;rf i,l*"owne.lsp##,"-u.
A) The Iand described i, S.f,La,,]. a ililfr::
_. includes
" .onao*irirm or townhour" u*,1**r*ent must be a single family residence which
B) No labor or materials t*. r"., ir.J#a'iy-n,..r,*ics or material_men for purposes ofconstruction on the land described r, s.r,.arr. a ;-i,il;6rrr*"#r, within rhe past 6 months.";l:rnT{HrH,.:T._,;:,ti,r"r$[,ma"ri,,L;,#;'ffi companyagainsrun_nred
D) The Companv must receive p"y*;;; of the appropriate premium.
'#.ti:',fi[:i,fiffi;]#:#s,],ffi:'#*$igm]ll"*l,,.on,heprope*y,obepurchased
::iJH.iili:ilHir,li#*T:;l;:'inU:r'*,,i,1"*;ffi',#:ll,':,,':i'1il":il,'i,%rmation
executed rnaemnif agreements satisfactorv
3tor;-payment of the appropriate premiurnffi;""asmayr.n...*uiy,r,.,;;;;;;fi il,'H.1i,::ffi iIi,HHJrTfl:,1ffi :fiI,,;_
il::ilffiff#:i'rXil:Hii?,il, circumstances ror labor or materiar ror which the insured
Note: Pursuant to CRS I0_11_123, notice is hereby given:
ff-r*',:'*Anf::'A*If.;,t*i11;;il;,saminerarseveranceinstrumentA) That there is recorded ruiar'*liui;;#ri::l.* hlr r*Tgvered, reased, or otherwiseconveyed from the surface estate anJth?tr,Lu i, a substantial likerihood that a third parry
D ;fifil:ffi[*i:tl.t.', i, ,,, g",, ;fi;,1#o".,rs, ,, s";,h;;;;rs, in rhe properr5,; and
surrace orvner's r.#::,T;]
include the right to t't!"'?-ul;#;;;;*0, wirhout rhe
Ii#Hlffi:'L,Tffi',,il1ffi ::'ffi i,,,,":ojiffi ,T:#,T:anvtoprovideanyorrhecoverases
Eorm DTSCTOSURE OT/OI/02
LANDrrrlEGuARANrEJoclililrpllH:?,fili,F$fH:kkyrffi
gorg.$rcRANDruNCrroN,LAND rmLE INSURANCE conponaiio*
ryv.g oro nnpiisirci,auo*n, rrrlE TN',RANCECOMPANY
This statement is urovided to you as a customer of Land Titre Guarant.t_c9*p-y and Meridian Land Tifle,LLc' as agents for Land ritle'krs;;;t*;ation and ord R"dfi;Nation.al ritr. m--* company.
we want you to know that we recognize and respectyour-privacy expectations and the requirements of federaland state privacv Iaws' Informati",l..Jtv ir ,;. "19* tigh;;ipHril.:. yu .ecognizef rhai ,ouin,uiring yo*trust and confidence is the bedrock or rrr
-turi*rs.
we maiitai, ira ,.grl*ry review internar and externarsafeguards against unaurhorized r..;;* ,;;;rri. i.rrrrJi;;dil (,,personar Information,,).
In the course of our business,. we may colrect personal Information about you from:-
;:fl i'i:;?fr :*:llrru#:*lil# vou, incruding .o*"*i.uu ons sent through rMX, our* your rransactions with, or r.1, lir. rlu.., tu:ngp..rorm-ed by, us, our affiriates, or others;* a consumer reporting agency' if such information ii provided ti;;i; connection with your transaction;-
#,1*:il.ffi*#Hl"#,1lt,T[::,-*,, entiries rhat we either obtain directry from those entities,
8ilfl,:lt"t regarding the protection of the confidentiality and securir5r of your personal Information are as* we restrict access to all Personal Information about you to those emproyees who need to know thatinformation in order to provide proau.t, *J r;;;r';;;"'" c'rployees who need to knora* we maintain physiql, tl*ttto'ii urJp.#Jr*r ruruguid, that compry with federal standards toprotect your personal Information f.rri, ,rrrtf,"*"Ji.*r, ;; ,rH:,*".. jffj.rr.* who viorate our srrict p;ii.il;E;ffi;;;;;;i* o'n*., are subject to disciprinary.
#;##loT'.'access
securit5r standards and procedures to protect against unauthorized access to personal
consistent with aoplicable privacy laws, there are some situations in which personar Information may bedisctosed. we mav discrose d;'p;;;;;iioibLrtior-r,., t; dtr;l. gu. us permission; when we :*erequired by Iaw to do so, roi erampte, ;il;;; served a rr6;;;;;*h.n *. suspecr fraudulenr orcriminal activities' we also *uv-ditr-o* yor,,*i*rorrt r,ror*auoi *r,., orrr.*tse permitted by appricabreflffi,?#;,'Hff;r'fii #fi*h;il [il;*' is needed to u.,io.* "* rights arising outoiuoy agreement,
our policy regarding dispute resolution is as follows- Any controversy or craim arising out ofor rerating to ourprivacy policy' or the breach thereof, rrr.[ r. r.iu.a uy iluro"ir. ir'ullra*.. wittr ttre rures o] the Americanf#,'#rX',l,fi[:T]i:X;,ta:,as,.;id'* ;. "**a",.,a.,.4 ryfr.?,r,ou,o,(s) may bu .;i;; in any court
f'orm PRrV.pot.ORT
I
Commitment to lnsure
ALTA Commitment - 1970 Rev.
+ * + . iiljr.,,?*,1#Tffi'.':j}'JTH;',H"il::ffill,i,1T;iT;j1l'ffi[IT::ffIl;n,,,ie; frt#du#*ffi*ru$*fi#*l* + + *
f,$kiliri#fi,ffi,J,ffi:::ffiH:-".e,me.r,neisiuanceo,,,s
hereunder shall cease and terminate six months after the errective date hereof or wl:, ;t Ti,il rllfl,::T:,fliln,shall issug rrvhichever first occurs' provided that the failure to issue such poricy or forcies is not ttre taurt of the company.
lT#lj,r,,jffiT,,tllj'.Ildnerein,shailincrudedeed0rtrust
rrustdeeq0r.thersecuriryinstrument.
.matter affecting the estate 0r in
2' If the proposed lnsured has or acquires actual knowledge of any defect, Iien, encumbrance, adverse ctaim ff other,o,hecompanvinwr,,,n*,,ffi'Jffi,ffiTffi1{ti,,iiH:;r;Ti[:::rffi*:ili:,Tr:#:"l:'i*ilJ1.'.x:,,.,,,;:m.1rux..,.r
:*lffil,Hi:ffii,ffil.:11:.T[',','r',*I,T'flfi[*-posedrnsuredshaildiscrosesuchknowredsetothec,mpany,0rirtnecompanyo*rerwiseacquires
suchamendmentsharnorrerievethecompanvrromriabirityr,;r,**lLTil,1l'i;ff;::iIJrIIflJH,X;;THHffi[:ti,co,,it,.nt,.,ordinsry,but
incrudedunderthederrnirionorrnsuredintmrormorporcy3orfiilXl;i&{Ji{r,iffi[.,.,,.ffiT;:';,,n,T,;ly,,:*.:,J**:::,:*f;.T,:;T.:i1.,
c,mply with the requirements hereof or f) to .tirirrt. .r..ptions strown in sc'eoun a, or (c) to acquire o, .r.rt. tt. urtut 0r interest 0r m,rtgage thereon covered by this
;:H:flTJil1ffi:,i:'ffi.fib]jffff:1fl'#ilffi*"'**,|,ofo,ti,,pori.vo,pori.iesc.mmitredrorandsuchriabirigissubjectt0theinsurins
herebvincorporated bvrererence andmadea partorthis c.m.nr*,.'ffiilotlll;;#,i,::,tir[#icies committed, rorinr.*, oiir,. p.p.sed lnsuredwhich are
,HH;T,,J#:;:ffiofthetithr0theeso*,,,.**u1,ll]HlI,J:,ffi,,,#ff1];,,:llT,J:Tff:,,;H,JIIl,;:,T,T,,,,:l1T:il1;i:ff *
STANDARD EXCEPTIONS
refered t0, this commitment is als, subject t0 the fo,,r*r;t' 'oo't'on 'o
the mafteE contained in the conditions and sthulations and Exclusions from coverage above
l fl,h,;lffi il#,;tfi il:::i;:#;il,?,ffi ,,,Hff:,"
survev and inspection of the premises wouru oiscrose anr wicilxTffi ffi::;lrTr':r'#r::tt
thortase in area. encroachmens, anu any racts rrvhich a conect
and not shown by the public records.
4' Any lien' 0r right t0 a lien' for servicet labor 0r material theretofore or hereafter firmishe( imposed by law
ff::r;,il:f,uerrt0fteerrectivedatehermrbutpriosr;llT::J,il;;.,HT;:::..,;..ffilHl:H[:HJ::lXff:J,.#,.ffiflT,]:#ffi,,7
be hereunto affixed by its duly authorized officers on the aallrluTNEss
lilHEREot' Old Republic National Title Insurance company has caused its corporate name and sear tohedule A, to be valid when countersigned by a validating .ffic* * ottr,,u,t orirrd signatory.
OID REPUBLIC NATIONAT TIILE INSURANCE
A Stock Company
400 Second Avenue South
Minneapolis, Minnesota 55401
(612)371-1111
cc.0RT
:...;:.:*a],
'"t*^-..':*
d,!-l
DECLARATION
GLENwooD coMMf,fl&^, coNDoMrNruM
I.
DEFINITIONS
1'1 Association' "Association" means the Glenwood commercial Unit ownersAssociation, a col,orado-rrin.;;;;;.d nonprofrt urroiution whose members shalr be theowners of Units in the ctt'w*J 6ori-"r"iur pru*.Jc"*-unity, i,, ,u.""r.ors and assigns.1'2 Eulrdi[gs "Buildings" means the building improvements situated on the Real|,f,.::ffll tr#t*"i[ Iia,g.?"11ffiil1.h.,;1o3. "i,,r," u,p utJun, supp, ements
1'3 co++qn El9rn94E' "common Elements" means and includes the Real propertydescribedongffi*"lT1*'',,",i"du"n.,u,,"",theretoandtogetherwithall
improvements thereon' except the portions thereof *rri.r, constitute the Units, and shall includeany part of the Buildings ot u,y racitities o, nrtu."r'*h;;l -r, u" *lir,i,ir'uri, o. which are ormay be necessarv or convenient ,: r.h-: ,uppon,*J*istence, ;;;;';;*.y, operation,maintenance' repair' or safety oiih. Builaings-'#L'iriiy."thereof or any other Unit therein.without limiting the generaritroiii" forego-ing,-rrr"'ffto*ing shal "orrtitrt" the commonElements appurtenant to the {eal Property: (a) all foundations, columns, gird.rr, beams andsupports of the Buildings; (b) all exterior walls'of the il,ra1sr,;ffi;#;u?aring walls withinthe Buildings, the mur".or d:;.il;;;flooring ur;i;"-;;of of^the Buildings; (c) a, entrances,
(fr:!,i':11,il,*i1l,i;3'hT'hl'['fi'tui'*u]ft-;e,:,d nre ","upo;;within any Unit;
rac,ities rb;;;;;.", orpo*",, ii;-,;,, r1".,ti:i1illffi.i:Eli"'irffi;,1,**3:,H:o[,refrigeration' incineratio', t,urh ;;rhi"g, or similar utiliiies, including-fl.rrnll"s, turks, pumps,motors' fans, compressors, vents, ducts,-flues: yi;;;,;i;;:, conduits una otn". sim,ar fixtures,apparatus' installations and facilities, provided they;Jrio-t .*i.t sorely to serve a Unit in whichthey may be located; and in .".tuin'.ures interior ," iLL BuildingE ,ro-?"1 alr open space,landscaped areas' *uik*uy.' o".iG areas exrerior to the Brtill;;?;r'i*ai?.*uys, incrudingeasements over' across and upon proferties ,g3"i"i"g,rr"n"rr property. The common Elementsare owned by the Association ro. flr" benefii "r1h?'o;"r, and consist of Generar commonEle'ments and Limitea common Pt"^rri"rtr, exclusive or ilre vzw Facility defined in paragraph
BUS_REU816990.2
1'4 Declarant' "Declarant" means Glenwood commercia l,LLc,a colorado LimitedLiability Limited company, *J;;,rr..rro, in interest thereto *ti.t'is so oesignated inH',:lr*rj, Grenwood'co.n*...ii,' rr" ura r".o.aJ-ln the .""o.ds- oi Garfield county,
1.5
Elements except Limited
1.8 "Limited Common Elements means any portion ofthe Common Elements designated herein for exclusive use by the Owner(s ) ofone or more, butless than all of the Units Limited Common Elements include those designa ted "LCE" andreferringto a specific numbered Unit and to be used for the e described on the Mup.Unless otherwise herein provided, the on of "Limited Common Elements,,shall
definiti
pulpos
correspond to that set forth in c.R.S. 38_33.3_202
Common Elements,
"General Common Elements,, means all Commonas hereinafter defined.
1'6 Gross Floor Area' "Gross Floor Area" -.*T the square footage of the floor of aUnit or units mrca^s-su"d u,d .ul.-rtut.Jno* ,rr. 4"" oi*rl nu,airg. or, .*,oir walrs and fromthe center of interior uornau.y *tir-it...o[.t.r, ;ry fr;;; area occupied by common Erementslocated within the boundari.; ;i; unit oirrer thui tir; *aIs of u unit themserves or othercommon Elements located witr,in i4ry:!: anv r"r"*nce to ..Totar Gross Froor Area,,shalrmean the aggregate Gross Floor area liail u"it, i?tir. ilriiairg. ";;f"ilin the Map.1'7 fu+ "Guest" means any invitee or licensee of any owner and any person orffi .:'x".,lXffi i;:T,ff fi1i""J,'*T;il"il#':T'ltreinaunit;;;;;,rhoiunderan
1'9 Man' "Map" means the combined Map and plat for Glenwood commercial:3#,'f .t"lffiTfl {]i:rfi,|n#ffi t'#'ffi ,',he crerk anJ n""",a., or Garnerd
1'10 Mortgaggq' "Mortgagee" means any person or entity who is a mortgagee under arecorded mortgage or a benefi"iu"ty'rna". u ,."*aIi'a.la of trust or the horder of a similarrecorded security instrument encumb"ring a unii. -"eiru
Mortgage,, means the first and mostsenior of alr recorded mortgag.., ;;;; oflrust *a ,mil", ir.tr,im-ent.-;;;;;.ring a unit, and"First Mortgagee" means tr'.lra".tg"g"" under rr"t;;;;;ge, deed of trust or other instrument.
1'11 oo'nst' "owner" means ll".p"t9n or persons or entity or entities, incruding3tr3::i#l:.:Xl.*,'"'l*:1,:f a Unit 1," tl.dbwn"r shau ,J, i,.i,ae the owner oi
' l'12 Pro'iect' "Project" means the Real property and the Buildings and otherrmprovements now or hereafter located oo tt.ffi i;#lrty, togeth". *itr, * appurtenancesthereto' which Project shall be r."o*" uioil;;ib"d;#fi, as ,,Glenwood comme rciar.,,
2BUS_REU816990.2
hereto, ,t;i3,n.r-, *uTffiff;""m1ffi.t#.' means the real propertv described on Exhibit A
1'14 Un[' "unit" means an.enclosed air space occupying part of the Buildings. Eachunit is shown o' tt'" rvr"p
""a1. iailrin.a tne..o, ffi; number and letter. The boundaries ofeach unit are shownon tihe Map uv a*.rrioned lines ;l;lg the walls, fl;;;; and ceilings whichmark the perimeter boundaries' # flrL unit. Til ;;;iboundaries of a unit are the interiorsurfaces of such walls, floors *a ".iting. wrrich -".t ,rr. perimeter ioJrrau.i". and, wherefound along such walls, floors '"0 ""ili"gs, the i";"r'i* surfaces of built-in fireplaces and ofwindows and doors in their
"rot"a foritior, una tn"
"unit
includes both the portions of theBuildings so described and the air tpi". so encompassed. The units are those enumerated anddescribed in section,l'1 above. arrib.rr..ur co-irorilements, as herein defined, which maybe within a Unit shall not ut patt orih".y:tlo. o;;;;itt" o*r"r of the unit. Further, ..IJnit,,shall include commerciar units urii*tin.d and a.nr#i, Section 7.r A.below.
1'15 VZW Facilitv. "Yzw Facility,,T:?r: that porrion of the Real properfy occupiedbv colorado RSA No. : ili-it.alu.tn. rship d/b/av;;;;, wireress (,,yzw-),its successorsand assigns, pursuant to the t.u.. ug;L ment c,yzw Leasl,,) between vzwand the owner ofUnit _, its successors-and urrigrrl; Vzw Facilitv;, tJi'irr.ryg" ,ii rn*e,olcupied by yZW,including but not rimited to, rpu"?ro. +ilT"T: "q,iip-.ri, ytliri::, cabiing, conduits and pipes.}:#iri,:I,lxi J::l*t ;il* *f.#;: ;#u'i" Faci,iiy ;h",i";;; be consiaerea a
DECLARATION AND EFFECT THEREOF
2'1 Declaration' Declarant for itself its successors and assigns, as owner of the:#j::i ffi:'JmL,' JiilJBjf*,.,Hy ;; ;ii ;#i be owned, r,J-a.,,"a and occupied
2'2 Division into Units. The project is hereby divided into
;?:lff,Ttsting
of a separate fee simple estate together with appurt"nurt .[tt, in the common
II
2.3
owned in fee simple by The Common Elements shall bethe Association,subject to the beneficial use thereof by the Owners andthe other rights herein expressed. Until such time as the Association comes into existence uponthe first conveyance of a Unit by Declarant as hereafter provi ded, Declarant shall retain completeauthority over and control of the Project,and any functions and duties enjoined upon theAssociation herein shall be performed and tulfilled by the Declarant.
2'4 Descriplion of a Unit' Any instrument affecting, a Unit shall legaly describe it byreference to the ia"ntiryir',g unit **i.. una letter shown on the Map. This rtentifring numberflH,,'r11'#iTJJ:i,"r'JiJffi #fffi l#J"ll.#;1il."il';;ffi;',,lff ifl.u,i,Ai;;;i
a-l
BUS_REU816990.2
Unit ----, Glenwood Commercial plarured Communi ty, in accordance with and subject tothe Declaration for Glenwood Commercial Planned Community recorded200-, in Book at Page as Reception No.and Map recorded 200 AS Reception No.
Colorado
all of the records in the office of the Clerk and Recorder of Garfield County,
2.5 The ownership of the Common Elements created underthis Declaration shall continue until this Declaration is terminated or revoked as hereinafterprovided.
2.7
The Common Elements shall beowned by the Asso ciation and there shall be no judicial or other partition of the rights andinterests of an
any action seeking partition thereof
Owner in the Common Elements,or any part thereof, nor shall any Owner bring
and any conveyance or other instrument affecting title to a unit or any part thereof shall bedeemed to include and describe the
"ntire unit, -includiig
tt . appurtenait rights, easements,illttll,ilh j,ffil?1ffi,,H[H:T ;fl f*, _m XXll,, ",. ;e .;;;;ii o,, u.,,.nting o.
Any reference to the Glenwood commercial in any description shall mean the Glenwoodcommercial pranned communitv ".;;.;trtJ;'il'##'ila]h]s Decraration, as both are filed3l*ffi;tj"ilffiTce of ttre ct-e* anJRecorde.Jrcu.n.rd county, colorado, and as the
' 2'6 Inseparability' The interests of an owner in ar]nit y{ the appurtenant rights,mterests and burdens connected therewith *hi.h ";r;i;;re a Unit shalr be inseparabre for thei..#:Sr"#ffi:.:1,[*1T,,#:o"" J..",iu"a, urJu.,y;;;;;., conveyance, encumbrance or rease
2'8 Ad valorem Taxation' All taxes, assessments.ald other charges of the State ofcolorado or ofl"' oritt poriri.i *udivisions;;;;;:peciar impror".n.nt disrrict or of anyother taxing or asslsing
"irtr,".t,v rh"rib;;;;#, ;#iriuna corlected on Lu"r., unit separateryand not on the Buildings-ot the"rtoject as a whole-and each unit shail be carried on the taxrecords as a separalt*1lg distinct iarger.. For the purpo." of valuation ro. assessment, thevaluation of the common Elements both Gener; "# Limited, shalr be incruded in theassessment of the Units and the Declarant shall Jerii.i to the county Assessor of Garfierdcounty' colorado' a written
"otite una .opy orini. DJclaration as required by the coloradocommon Interest ownership a"t,-r.iiire ilnh a;;;;t; of the Units and sha, turnish allnecessary informationwith respetito ,u.h uppo.tiorr,nJni-of valuation of common Elements forassessment' The lien for taxes assessed to any unit shall be confined to that Unit. No forfeiture
ff ff h;*i HX, H i;1llf :f ** l,T;:'-",,; ;; ; ;h., so vernmentar charge s sh a, di ve s t
4BUS_REU816990.2
2'9 Mechanic's Lien' No labor performed or materials furnished for use inconnection with any unit with the consent or it the request of the owner of such Unit or hisagent' contractor or subcontractor shall "."ui";;ru;;1o fire a stat"mlrt of mechanic,s lienagainst the unit of any other owne. rrot opr..rty
"o.rr-*iiig 1o "..{;il; the same or againstany interest in the common EIemenL Each o'wn* .rr"ir indemnifyana h5ta harmress each ofthe other owners from and ugui* iiuuitity or r"r;;;irg from the ;;,- ;i;ry rien against theUnit' or anv part thereof
"f r;;h;;;b#; ffi]"il:rformed or materiars turnished for usem connection with the first owner's Unit. At the written requ^e1t of any owner the Associationshall enforce such^indtrnitv uy .Jr..ti"g rrom ttre-o*". of the Unii on which the labor wasperformed and/or for which tr,. -ut".iur. iu.." i"*irrr"J,h" amornt ;;;;y to discharge anysuch lien, including all costs i".ia"rrtut thereto, incluffi attomey,s fees. Iinot promptly paid,fffi:H#::J#3,,:i|;,';h:ruj;,d-;#il#;l-o"o he,ei., r". "",."tion orassessments
2'10 P3{ki'g' This project has been approved requiring atotarof 190 parking spacesas shown on the apprwed Prelimi#ry Plan and Fil"l p1",. As each unit is ,.tenant-finished,,
andapproved bv the Garfield county euiiaing il pir*ililep1rtment, the parking lot spaces shallbe calculated such that all '"tiit,om"., una service "ofi*"r"iur space requires I space for every;:ffiH::fi:nT:ffi;: "*"lid;#;;;'iji,,.,",t to Section 5 0 1 02(3 ) or thl
Note: "Floor Area" is d9fi1ed pursuant to Section 2.02.26of the zoningResolution of::l,t 'trfl*'i"fr;ff"::'i:iat3;i",1tr';"J;ih[r
area or a, noors in the bu,dings
No buildino permit shall be issued unless this calcuration has been accommodated withinthe subdivision ani^dott 'oi J.truo"igrirrg ur."rJv u.llylt"o for spaces and units. All siteplans for "tenant-finish" units rru*in"i to the ""#;;ding and planning Department shall;?.:;ff;J""Jl]|ffiT:ifl!|*i1piut u,a sr,al u"Lfr,i,ed to show what farking spaces have
III.
VARIOUS RIGHTS AND EASEMENTS
3.1 S
Subject to the provisions of thisDeclaration,each Owner and each Owner,s Gue sts shall have a nonexclusive right to use andenjoy for the intended pulpose, the General Common Elements, provided there is no hindranceor encroachment upon the lawful rights of use and eryoyment of other Owners and their Guestsas described in this D eclaration and the Rules and Regulati ons of the Asso ciation.
3.2
Declaration,each Owner and Subject to the provisions of thisOwner's Guests shall have the to use and enj oy the LimitedCommonElements,rights in which are
right
Owner.
5
BUS-REU816990.2
the interests and appurtenant to the Unit owned by such
aaJ.J
Owner shall have full and complete dominiOwner and each Owner and each Owner,sthe same.
Subject to the provisions of this Declaration, each
1n and ovmership of the Unit whichl, o*"0 by suchGuests shall have the exclusiu..tfrt-to use and eruoy
Subject to the provisions of this Declaration, each owner shall have the right to paint,::',,il1:,1i:;,ffihff::J;t?";,1ffi[tr1*,.ff1j"1,..",":?T;:Hl##i;;.", or*. i,"ri,,
3.4
Each Owner shall have anonexclusiveeasementrn common with all the other Owners for access to and fromsuch Owner and public roads and streets,including, without limitation, over open space, walks,
the Unit of
parking areas exterior to the Buildings,and any other exterior access andlor other
drivewayseasements consistent with the express purpose of such easements which are part ofthe project;each Owner shall have a non-exclusive easement in and overCommon Elements within another Owner, for
Common EIements,includingthe Unit of horizontal and lateral support ofhisUnit and for utility service provided to that Unit, including water, sewer,gas, electricity,telephone and television service.
3.5 If any part of the Common Elements encroachesorshall hereafter encroach upon a Unit,an easement for such encroachment and for themaintenance of the same shall exist. If any part of any Unit encroaches or shall hereafterencroach upon the Common Elements , or upon another Unit, the Owner of that Unit shall havean easement for such encroachment and for the
upon Common Elements is
maintenance of the same,provided, however, ifsuch encroachment of part of a Unit damaged m connection with the
shall bear the entire
installation,maintenance or
expense of any repair
of such Common Element,the Owner of the encroaching Unit
repalr
to his Unit. Encroachments referred to herein include,but are not limited to, encroachments caused by error in the original construction of theBuildings, by emor in the Map, by settling or shifting of the B or by changes in positioncaused by repair or uildings,reconstruction of the Project or any part thereof.
3.6
Common Elements are or may be located within a Unit or be conveniently accessible onl v
Some of the
through a Unit. The Association shall have an easement for access to each Unit and to all
may
Common Elements from time to time during such reasonable hours as may be necessary for themaintenance, repair or replacement of any of the Common Elements located therein or accessibletherefrom or for making emergency repairs therein necessary to prevent damage to the CommonElements or to any Unit or to perform any other duties or functions which it is obli gated orpermitted to perform under this Declaration.Any entry into a Unit shall be made with advancenotice if practical and wi th as little rnconvenience as practicable to the Owner and any damage inthe Unit entered shall be repaired by and at the expense of the Association.
J.t The easements and rights herein created for anOwner shall be appurtenant to the Unit of that Owner and all conveyances of and otherinstrumentsaffectingdeemed to grant and
BUS_REU816990.2
title to a Unit shall be
6
reserve the easements and rights
fi#:ffJrH:*i:,T:lhill}:X1*t no speci,c rererence to such easements appears in any
3.8 Risht to Combine Units. Subject to the following provisions, an Owner shall};n*:il:*fimoneormoreadjoi,i,gu,it-,;;i;."#obtainingwritten
A combination of Units shall become effective only when the owner of the units whichare to be combined executes and records t, ,h. i;fiJ'or,rr" clerk and Recorder of Garfierdcounty' colorado' a written statemenidescribing,rr" uri,r'a be combine; ildeclaring that thesame are combined' Such combination shall iot ,ir..iflr" a"rig;ti;, noi p."rr"rrt separateownership of the units in the future, nor shalr .r.r,
"o-uining of urri, "rr.ri the status thereoffor property tax assessment purposes- Upon trr. "o-ii.rution of units, the resulting interest inLimited common Elements #tri" ""ilumea units str"rii. rrr" total of the separate interests priorto combination' In the event of such combination, *rlrn of the Buildings within the newperimeter boundaries of the
"omuineJurrits shall "";;; f," co--on pt.-.it, if such parts ofthe Buildings would not have to*titut.o common gl.rn.nt, had the combined units beenoriginally designated on the rurup ut u rlrgle unit. A" d;"1shalr have the right, if such ownerowns two adjacent units, to create a doorway between the Units in any common wall.
3.9
With the exception ofthe Owner of Unit 2-A, no Owner shall partition or subdivide an y Unit so as to convey to aprospective owner or encumber any mterest in less than an entire Unit. Thenotwithstanding,the boundaries of any Commercial Units (but not Residential Units) may be
foregoing
altered and adj usted by the Owners thereof provided the foll owng conditions are complied with:
i) The Unit boundary adjustment is approved by the Association throughMember Action.
ii) The unit boundary adjustment will not result in the creation of anadditional Unit in the
-Buildings.
iii) Any unit boundary adjustment shall be accomplished in strict accordancewith the Garfield county subdivision and Land use code, as amended.
iv) The owner(s) of the units whose boundaries are to be adjusted shall bearalr expense in connection with the aclomplt;h-;;;;i;; Unit boundary
::*::TrTt'
including without limitation, ;"p";r;;r "-.raire the Map ir
Provided further' that an owner of a unit consisting of two or more Units combinedpursuant to Article 3'8 may partition and re-subai"iJ. rrcrr-urit into u"iir'.*r"rming to thedimensions of the units as
"rrerrrii;dJscribed i" irr" l,r"p This Article shall not be construed toprohibit joint or common ownership uy two or more p...or. or entities of a Unit.
7
BUS_REU816990.2
IV.
THE ASSOCIATION
4'2 Membership' Each orvner, by virtue of being an owner and for so long as he isan owner' shall be a Member of the association. il.-b..rhip in the Association shall beappurtenant to the fee simple title to each unit ura iitt. io .an{gwnerrrrip tiflr" Membership forthe unit shall automaticaliy pass with fee simpreliu"-," the Unit. pactr owner of a unit shalrautomaticallv be entitled to ihe benefits u"a riu;".i^io"ir," ur.a*.;*;to the Membershipfor his unit' If fee simple title- io i Y"j, ir rr.ra-lv po.". than one person or entity, theMembership appurtenant lo that unit shall be sh*LJ#ar such persons oi entities in the sameproportionate interest and by the same type.of o*o..rhip.1s fee simple title to the unit is held.Memberships and voting riglts i" tte association,h"ri il limited to owners of units.
4'3 Member Action' unless otherwise herein provided, the Association shall makeall decisions' take all u"tioro, exerci.e att p";.;;;; fufiil alr obligations required of ithereunder by Member Action, whictr shall consist ;i t},, affirmative votJof the owners of theUnits comprising over fifty p.,""oi1so%) oftrre roiaiGross Froor Area of the units in theBuildings at any meeting
"att"a in accordan"" h"."r"ith, or, without a meeting, by the writtenapproval of any particular action by the owners of the urit, ;"fi;i;il "r..'nty percent (50%)of the Total Gross Floor Area of all unit. in the B;!Ht"gL provided that the owners of all of theUnits are provided an opportunity to applov-e or disaplrove any such action in writing. Anyreference herein to any exercise or auttroiity uy o. rrriirir*ent of any obligations enjoined uponthe Association' shall 6e undertaken by Member a",iorr^*rrether or not specificary expressed inany particular provision h^er.eol Io. n1.r3res- of this provision, the c.6r, eroor Area of eachunit and the percentage of the Building', Totul G.ors i;;, Area which .u.h urrit comprises isset forth on Exhibit B attached he."to and incorpo.ut"d herein 6 ;ilir-;;ference (hereaftersometimes referred to as "schedule of Assessments irJvlrru", voting-nighir,,;, subject to anyadjustments resulting from Unit boundury adjustments as provided in Section 3.9
4'4 voting-pf-Qraae$' The owner of each Unit shall have the proportionate votingrights determined as ;b"*
""d ^ ..t fo.tt on Exhibit B.-vo_ting by proxy shall be permitted. Inthe event of multiple owners of the same Unit, the *rr,ipr" owne.s ,rr"ilirru[ the vote assignedto the unit so owned in the tu* propo.tionate-,"rot rI^r.e simple title to the unit is held. Theright to vote may not be seve..d ;;;p*ated from ,rt u;i;, and any ,ut", i.unrr.r or conveyance
l,ffiH,Y,liffi .l#":#XT;;?,H*#*i::ff *it#",srerihedp;;;",tvo,ingiigr,t.
4'5 Manager' The Association by Member Action, from time to time and for a termto be specified in such action, sfrall appoint a ,;-"* ;; perform the various functions andexercise the various powers herein aetegatea to o, iriporld ,pon the Manager. The Manager
8BUS_REU816990.2
shall be one of the owners, and shall be reasonably compensated by the Association for hisservices and reimbursed for his expenses incurred in performance of his duties.
4'6 MeetinssNotices' Each owner shall be entitled to notice of any meeting at whichsuch owner has the 'ignl to *t". it least or,* .n""tlre shail be herd Jurir[ .u.t fiscal year ofthe Association in accordance *i,r,^i."ii*;:il":H:;i;;;;";'H;#,,f rocation within theProject of such meeting shall be aeiermin"a by the M;;g". and notice given to rhe Members ashereinafter provided' other ;;i;gr o,uy t" calred by request therefor being made to theManager' in writing' by the oo*..r oI*, i;rl tt{ diyp"r.. nt (40%)of the total voting rightsset forth on Exhibit B. Such written request shall specib,-the pu.por.-iofth. requ.sted meetingand notice shall be given bv th. M;;;; ffi"fi:ibers as provided herein. Notices ofmeetings shall be in writing and shall ,tit. tt.A;;^;;. and pLce of the meeting and sha,indicate each matter to be 'Jt.d o, uitrr. *..tirg-*rri.t i, t no*n to the Association at the timenotice of the meeting is given. sr"h noti"". ,hail ;;i;"" not less than ten (r0) nor more thanfifty (50) days before theidate rot tt . ,n.rting. any no?ice shalt be.deemed given and any budgetor other information or material shall be d";*"J ir;i;i.a o, a"rir.."a to'u punyat the time acopy thereof is deposited in the mail, postage or charges prepaid, addresseJ to the party,or, inany event' when such party actually receivei rr;t;;;?;;,hro.*ution-o. -ltr.iur. Any notice,information or materiai stratt ue a.J-.d p.op.rry uJa."rr"a ," an owner if it is addressed to thename and address shown on the most recent writien notice of name und
"dd.;;s, if any, furnishedto the Association by such owner or, ir, .ru*. urJ il;;. is not so fumished, if it is addressed"To The Owner,, at the address "iri. Unit of such Owner.
4'7 Record Date' The Manager of the Association shall have the power to fix inadvance a datels a record date for the purpose of determining owners entitled to notice of or tovote at any meeting or to be furnishea *it1 "";;;;;'or other information or material, or inorder to make a determination of o-r*.r, for any pfi;; The owne.,
"*irting on any suchrecord date shall be deemed the owners for such ri"i""i""", meeting, furnishing of informationor material or other purpose and for any. supplementary noti.., or information or materiar withrespect to the same matter and for any adjournm*, "iiil. *.,'e meeting. A record date sha, noth"Hfr",llX'"fH,i-9',^d111-r"J,. to the aate on which the p"?i."r". action requiring
trlll*T*ll;1#..".'#li#{#y#3",:*.1-n:;*ffih,,,1Hf :*s#;
4'8 Quorums' The presence of owners who hold majority of the total voting rights ofl**tril1"::kj:,XrT:Tr;;"lllj:lv, at ameeting to consideiu -utt".-ihu, "o,.tit,t" u
4.9 of
provisions of C.R.S. $ 7_30_1
conveyance of the first Unit
A Statement of Authority as required under the05 shall be prepared and filed by the Ass ociation simultaneous withby Declarant and upon such filing of the Statement ofAssociation shall come into and exist for all
9
BUS REU816990.2
being purposes set forth herein.
Authority the
RIGHTS AND .BLIGAT,&. .F,THE ASS,CIATI,N
5.1 A -Frrevocably appointed attorney-in-fact for the Owners of all Units
The Association is hereby
and each of them to manage,control and deal with the interest of such Owner so as to permit the Association to fulfill all of itsduties and obligations hereunder and to exerclse all of its rights hereunder; to deal with theProject upon its destruction or obsolescence as hereinafter provided and to deal with and handlernsurance and insurance proceeds and condemnation and condemnation awards as hereinafterprovided. The acceptance by any person or entity of any interest in an y Unit shall constitute anappointment of the Association as attomey-in-fact as herein provided.
5.4 The Association may undertake or contract forlawlul activity,function or service for the benefit,or to further the rnterests of all, some or
any
Owners of Units on a self-supporting,regular assessment, or supplementary assessment basis.
any
Notwithstanding the foregoing, each owner shall be obligated to and shall provide for thecare' operation, management, maintenanc., i-pror...rt]..pai, and replacement of the Limitedcommon Elements the use of and .dil i, wrrict u.e ,pp,in**, to the Unit(s).
5.3 All exterior lighting will be the minimum amountnecessary and all exterior lighting will be directed inward and downward towards the interior ofthe subdivision,except that provlslons may be made to allow for safety lighting that goes beyondthe property boundaries
5'5 Labor and Services' The Association may obtain and pay for the services of anyperson or entity to manage its affairs, or,any part thereof, to the extentit a."^r'uouisable, as welras the services of such oth", p".ron
"t u. it. A;r"r#; shall determir; ;; be necessary or
BUS_REU816990.2 10
desirable for the proper operation of the Project, whether such personnel are furnished oremployed directly by the Association * o, *v p.rrloo.-*,iry with whom or which it contracts.The Association may obtain ""d;;; il. i.gui
""a "r."rr,irg services necessary or desirabre inconnection with the operation of tire proie"io. tt r.rro.".-*, of this Decraration.
5.6
5.7
lmprovements or additions The Association may construct new
thereon, provided that in
to real
case of
property
an)/ lmprovements, addition or
owned by the Association or demolish improvements
demolition (other than
the
mamtenance or repairs to same), such activity shall be undertaken by the Association only byMember Action.
5.8 toAssociation shall have the right to utilize portions of the General Common Elements for the
The
furtherance of its duties, obligations,rights or privileges. Such utilization may include, but is notlimited to, the construction of improvements on the General Common Elements for recreationalfacilities.Any such lmprovements shall be undertaken by the Association in accordance withtheprovrslonsofArticle 5.6 above. The Association shall have the right to make such use ofGeneral Common Elements as may be necessary or appropriate for it to perform the duties andfunctions which it 1S obligated or permitted to perform under this Declaration. The Associationshall have the right to license or lease to, or permit the use of the General Common Elements orany Unit owned by the Association,by fewer than all of the Owners or by non-owners and withany charge by the Association which it deems desirable;provided, however , no such lease exceptthe VZW Lease shall be for a term of longer duration than three (3)years. Any charge by theAssociation for a license or lease shall be applied to reduce amounts to be raised byassessments regular
BUS REU8169902
11
pledge as collateral for any such loans the assessment so levied together with any of theAssociation's real o. p...onul p.p.ny, including the Common Elements.
5'10 Rules and Regulations' The Association may make and enforce reasonabre anduniformly uppti"a *t"- u'aGguutio:ns (the "Rures unJ n"grtutigry,,) governing the use of unitsand of common Elements' s'ir, nur", !"a n"grr"ioir'-ur, withoutlimitation, regulate use ofcommon Elements to assure
"qui,uil" ,r. ,#-;;;;;*r gy aI persons entitled thereto andrequire that draperies' shades o' otto, window "";;i;;; shalr present a uniform and attractiver*:i1ffi ::fl:T#H:l"j::';frT_".,i*mr;u[:1ff;,"jJ-'*lI,XL*,il;.by;;;
The Association shall furnish each owner with a written copy of each and every Rure orRegulation adopted pursuant totr* arti"l. 5 9;-h";;; failure to furnish .uia
"opy sha, not bedeemed to invalidate said Rures or n"g,rrations to any extent.
The Association shall have the right to enforce any of the Rures and Regurations of theAssociation or the obligations. or unyo*rr", ,rra". flris*rjectarati", ;;;;;ending the right ofsuch owner to use any recreational aieas and faciliti., *itrrin the project; prtvided that such usesuspension may not be imposed for a perioa torg". irru, ,rri.tv (30) days per vioration. Nopenaltv mav be imry:eq ynderiry;;a;?graph untilfhe o;* accused of any such violation hasfirst been notified in writing of the "i"r"ti", "rd;fi;rd;'th. ;i-h; ;h^d hearing before rheMembers of the Associatioi, o, rrur, i, writing, *;ir;;;;.h rig[t. E";il;;;.owner sha, havethe right to be heard in p..ron, uyturir.ior"of ,;;;rtut...rt, or through a spokesman, atany such hearing' The Association may ulso trk" j;i;l;l action against ury o*r.", to enforcecompliance with such.rules' t"gurutio"t.or other "urig"tir* or to obtain injunctive relief anddamages for noncompliance, ,il;;-th;;.tent permitted by law.
5'11 Implied Riehts' The Association shall have and may exercise any right orprivilege given to it-*pitt.ry uf-trrir o..rr."ir"r]'or'r.uronably to be implied from thel::,'.fiilt "f ,ffiLil;lrruUiflafu1#,#i*, :i.1"" o, *hi"h ",", *,;;; ;;;y';;
VI.
ASSESSMENTS
6'1 Assessments' Each owner shall be obligated, and shall pay to the Association3#i,Tm"T:-ffiTLIT;;fi hy;,Tffii::hXt*i"',careda,,"t#*uAssessments
Subject to the provisions hereof, the Association by Member Action, shall have thepower and authoritv to determine all matters in connection with Assessments, including, withoutlimitation, power una rrtt o.ity i" j.t""r.. *h..., ;;;;and how ar."rr_.ris shourd be paidto the Association, and each o*n.r-r-rrJr
"o-pry *iirr riir*r, determinations.
shall be determined by the Association at
6.2
BUS_REUsl6990.2
Member Action of
12
.The fiscal year of the Association
its first meeting. within rtiny lioJ
days prior to the colrunencement of each fiscal year of the Association, the Members by MemberAction shall determine the total amount,to be .ris"luy Regular a.r"rr.*rrts during such fiscalyeaL The amount to-be raised by Regular A.."rr-"nil al any fiscal year shalr be that amountnecessary to cover the costs and expenses of fulfilling the functior, "ra obhgations of theAssociation in that. fiscal year flus-the u,norni ,r...ssary for the capital reserve fund forcontingencies' exterior maintena'i., .orrt*ction or reconstruction, repair or repracement of theProject or components thereofl inctuaing *itrrori^liir'itutior, ,,*.iil"i'u]ra .oor repairs andreplacement and repair ormectranicur, rr.Jt.i.uilrj pr,rrnuing systems (,,capital Reserve Fund,)plus an amount sufficient to pto"iJ" a reasonabt"
"uoyor"r reserve for the next fiscal year andsuch determinedamount shali constitute the annual urigg,, The amount ioue raised by RegurarAssessments shall include u,,ornt. rr"cessary to cover outigations ;;;;'"onnection with, orcontemplated under, any previously approved annual budg;t. Th" ;;;;i u-ount required to beraised by Regular Assessments rorLy nscat perioJr.-, trr* a il fi;;;rl"u. sha, be the totalamount or annual budget required to be raised'for;h. ilil;;;###as above multipliedby a fraction' the numerator of which i, th" ,um#'or days in the fiscar period and thedenominator of which is the numl., orauy, in that fiscar year.
To determine the total amount required to be. raised by Regurar Assessments, theManager shall prepare or cause to be prepared and the Membe., upp.ou. a budget for the fiscalyear showing' in reasonable detail, the estimatea costs ana "*p.*ir;#wir be payabre inthat fiscal year, the amount necessary fo. tt, .ufitaLrlru" and maintenance fund, if any, andfor a reasonable carry-over reserve' The u"-u"i, ,rr"ri-subtract from such estimated costs andexpenses an amount equal to the anticipat..g :riplr. r.""lusive of any reserve funds) attributableto Regular Assessments collected but not disbuised - ;h; fiscar year i-*lai","ry preceding thenT:JffiffiJlf|j|%"'ti-ut" r'as been p.;p;;.d" 'i1,.
rur*g.. ,r,uiiru-ish a copy orthe
If the Members fail to determine or cause to be determined the total amount to be raisedby Regular Assessments in any fi.ra y.u., and./orfail to notify the owners of the amount of suchRegular Assessments for any ht"uilJu., th"n aoy fura. rr.ra-uv o. o; ;;;ulior*r. Association,including capital reserve and maintenun." funds,;il; ,r.o ro, the operation of the project.
Except as emergencies may require, the Associalion shall make no commitment orexpenditures in excess oithe funds."asonauty
"*p".t"a toie available to the Association.
In addition to Regular Assessments, the Members may.revy supplementary Assessments,payable over such period as the irr.*i.r, may determine: (a) for the pr.por" of defraying, inwhole or in part' to the extent trr" u..,ornt" in thl ""pil;i^;;;;rve fund ur.'in.irm.ient therefor, thecost of any construction or reconstrr",ior, ,"pui.'oi'.Jiiu""-"nt of the project or any partthereof; (b) for the ourpose of defraying any othlr "*p"^Jir"urred or to be incurred as providedin this Declarationl "i 1"1; ;;;;,1;: deficiency, ir^,t-.'"u.nt that, for whatever reason, the;I:Hl#Til*.:lJfirff:T:::n,3;; ila; ol,".,-",ts is ,ess than the amount
.6.3 @Supplementary Assessment, will be allocated
All Assessments, whether
among the Owners of Units
a Regular or
according to and
BUS_REU816990.2
13
consistent with the Schedule of Assessments and Member voting Rights for the respective unitsas set forth on Exhibit B annexed hereto and incorporated herein, in the same manner andproportionate percentages as voting rights are determi*a i, Article IV above.
6'4 Time for Pavments' Unless otherwise established by Member Action, the amountof any Assessment ot othJ**ot puvuur.-with r"sp;;i,l'uny owner or unit shall become dueand pavable uniformry.as specifiea li flr" kt*ug.r'of *rJ arro.iutio, ;n;;;; any event, thirry(30) days after any notice ortnt u*o*, due as 6 ,r.r, a.sessment or other amount shall havebeen given by the Manager to t"t, o*rer,-and any such amount shall bear interest from the datedue and payable until paid at the .ut. or.igrrteen percen t (rg.,%)per annum.
6.5
payment The Association shall have a lienagainsteach Unit to secure of any Assessment or other amount due and owing to theAssociationwith respect to the Owner of that Unit or with respect to such Owner,s Guests orUnit, plus mterest from the date due and payable,plus all costs and expenses of collecting theunpaidamount,including attomey's fees. The lien may be foreclosed in the manner
reasonable
for foreclosures of mortgages in the State of Colorado. If any Owner is deemed to be in defaulthereunder and fails to cure such default within rhirty (30) days, the Association shall give writtennotification of such default to any First Mortgagee of the Unit owned by such Owner whosename and address is expressly provided tn the recorded mortgage,deed of trust or other lien.The lien for Assessments shall have priority over all other liens and encumbrances on or againsta Unit except for the lien for general ad valorem taxes and the lien of a First Mortgage.
6.7
Assessment charge The amount of anyowlng to the Association by any Owner under this Declaration shall beapersonal obligation to the Association of such Owner and such Owner's heirs, personalrepresentatives,successors and asslgns.A party fee simple title to a Unit by meansother than acqulrrngforeclosure of a First Mortgage,shall be jointly and severally liable with the formerOwner for all amounts which had accrued and which were payable at the time of the acqulsl tionof fee simple title to the Unit by such party without prejudi ce to such party,s right to recover anyof said amounts paid from the former Owner Each such amount, together with rnterest thereon,may be recovered by suit for a money judgment bywaiving any lien
6'6 Estoppel certiflcatp, upon the payment of a reasonable fee as the same shall beestabtished from time to tG" uy vr.-u", tclion;; rr* written..qr"ri#uny owner or anyperson with anv risht' title or interest in a unit o. irt"rriirrg to acquire any right, title or interestin a unit, the alsociation shalr n *rrr, ,'"#rnlr".iil'.ment setting forth the amount ofAssessments or charges, if 'ny, au" o, accrued and then unpaid with respect to the unit , theowner' and such owner's Guests una irt. amount of the Assessments for the current fiscal periodof the Association nayab.ll *ith .;tr;i to tt . urit , wr,i.h statement shall, with respect to theHJflII:TJ;::[::t#;#;:,* against the association *,ut no g,"uter or othe. amounts
BUS_REU816990.2
securing the same.
14
the Association without foreclosing or
US E AND o THEIIIRE S TRI C TI oNS
Unit Restrictions.
A' -commercial units' Each of the units identified on the Map and the rightsand interests therein *hi"h; rpfieant thereto rr--liu,its,,) the use of such units shall beil1f *H,T[Tf,] ;:,;ll,: m"11ilI ;;:;],ffi ],",, bo,diii;,;i oi sp..iur Review
7.1
all the Units as well
regulated by the provi
B.
All uses ofas the Common Elements shall be subject to,governed, restricted andsions of the Subdi vlslon and Land Use Code of Garfi eld County, Colorado
7.2 No Owner and no Owner 's Guest shall obstructdamage or commrt waste to any of the Common Elements. No Owner and no Owner's Guestshallchange, alter or repair,or store anything rn or on, any of the Common El ements without thepnor written consent of the Asso cratron.
-at.3 o No Owner and no Owner,s Guests shall, without theprior written consent
Project that might result in
of the
an tncrease in the
Association, do anything
premiums for rnsurance obtained for the project or
anything to be kept in or on theor cause
that might cause cancellation of such lnsurance
7.s
offensive acti vity shall be carried
or No noxious oron upon any part of the Proj ect nor shall anything be done orplacedon or in any part of the proj ect that is or may become a nulsance or cause embarrassment,disturbance or annoyance to others. No acti vity shall be conducted, and no rmprovements shallbe made or constructed, on any part of the Proj ect that are or might be unsafe or hazardous topersonor property. No sound shall be emitted on part of the project that is unreas onablyanyany
loud or annoying to others. No odor shall be emitted on any part of the project that is noxlous oroffensive to others. No light shall be emitted from any part of the project that is unreasonablybrightor causes unreasonable glare
7'4 No \4qlatias-aflaw. No owner and no owner,s Guests shall do anything orkeep anlthing in or o, tt.Tffithat would be in villation of any statute, rure, ordinance,regulation, permit or other "rlidry;;;.ed requirem".r, oiu.ry governmental body.
7 '6 No unsightliness' No unsightliness shalr be permitted on or in any part of theProject' without ti*itit'g tr" g€;"*ri,v
"rflr".r"."g"irg, *,rrirr* shalr be kept or stored on or inaay of the common EGmenIs,
"otrriirg ,hdr il"h;;; or praced upon any of the common3.',,:f"'ll,:;;:,iil,?ffii.'*:Xjail;;" or in windo*', o. e"".;;ii;i,J,ri,, wourd or might
BUS_REU816990.2
15
7 '7 Restriction on Signs' No signs or advertising devices of any nature shal beerected or maintainta o' *ffi 9f the "p.":""t-*ithout
the prior written consent of theAssociation; provided, howevJr, irru,,r,. arro.iiior, ,rrr[ p..-ii,fr;;ili;u of at teast one signdetermined in the discretion #;i; Associatio, ," u" of ."u.onubr"';;"'and dignified form,external to the Unit and identifying tt " uusiness-oilrrl'unit trre."in. atro, o*r.r, of the unitsmav install, affix:r.applv a sigr 6*.unit entry J""^ f";;;;;; #?*r,ur,ng the occupantand business located u"a-"oraI"tei within th" d"ir "i;rthei,
a ,ig;r;;u;; commonly knownas a "Monument Sign" and constituting , ri-ii.a^io**o, Erement of all units shalr beconstructed bv the Declarant and maintai;.J by ;;-,isiciatio,
"; ,h. R;ui e.op".ty identifvinsthe Project and the individuai uu.i.r"r... and offices ro3tej i, rh. ;..;;;tive Units. Nothin;herein contained shall prohibii
"r r*t i., t, "ry;;;;"b".I*unt,s righi to construct other suchpromotional signs or oihet sales aids o.l. ol about any fortion of the pioject which it shalt deemreasonably necessary in connection with its sale ".i.Irirg of the uriil.-a1 signs refe*ed tolTffi:t*ffi ts"T,liffi ffii S:Lffi ffi ;'";H. Frop ertv J"ii u " i, stri ct c ompr i anc e
7 '8 Antenlas' No radio, television or other type.of antenna shall, without the writtenconsent of the Association, be installed or mainruinJ J; ,rr. ,oor o,. ot..ior of the Buildings,with the exception of antenna(rl ;rrt"ir.a uy o""rr.rrt # constituting a common Element.
7 '9 Fireplaces' No open hearth solid-fuel fireplaces will be allowed anywhere withinthe subdivision. one (e n.* roiia-r".i 9,.,",;;ffi"'ll*o*"a uy c n.i '.'g
,s_t_+ot, et. seq.,and the regulations promulgated thereund.., *iil u. dtJwra in any d;;iii;g"rnit. All dwellingunits will be allowed un urrlrt ir,.a nr.ur.
"f ,";;;;; burning stor", urr? appriances.
7 '10 Maintenance of Unit' Each Unit and the Limited common Elements the rightsand interests in which;;
"pp',t"nant thereto ura uii i.p.ouements, fixtures, furniture andequipment therein shall be kt;i ;; ;aintaineJ b;;.-A;er thereof in a safe condition and ingood repair' No structural alterations wi{ri1 *y'urii". such Limited common Elements sha,be made and no erectricar,.p@;;;;r similar ;*k *;,hin any Unit or ,rJ ti*ited common
i,'ffi ffi ;lH3: rL",1,",r::*;1g ruh*itfk[Hl * in. a, *.i"ii ", i r the er e ctri c ar,
7 '11 Mai4!e!g4gg--af-la!il' All owners of land, whether ranch or residence, haveobligations,,ffityregulatio,,witt',"gardtothemaintenanceoffencesand
irrigation ditches' controlling *;;; dd*-ffi;"'i;:tpets under contror, using property inaccordance with zoning' "i othe. asfe"ts of using anJlaintaining property. Residents andlandowners are encouraged to I"u- ibort th";;ghtJ *a ."rporr-ritiliiies'ano act as goodneighbors and citizens of the county. A good in,roir",*y source for such information is ..A
S:,'#.':xtH:"1i,"8f.#,;HX};ie agiicutt;;;;;;;t bv the c"ro;;; State University
7.12 o o No Owner's Guests shall vio Iate the Rules andRegulationsadoptedfrom time to time by the Association whether relating to the use of Uni tS,the use of Common Elements, or and violations of the
BUS_REU816990.2
otherwise,
16
Rules and Regulations by any
;'"H;';lf;?f *fli"'r:,ffi::$as a vioration bv such owner and shan be enrorceabre in
sy:Il'ii:",ffioj[.jffiJ".jnlactorneglectofanownerorsuchBuildings' the common ElemenTs, oi_ury unit, such
"#lrHffii.1"'r?TfJ;Jil"1$il,1 H:the same except to the extent trrut'ri"r, iu-ug" ;;i;;r"i;covered by insurance obtained by theAssociation and the insurer r,ut
-*ui""a
it, ".igrri, oi ,iu.ogutio, against such owner. Theamount of such loss or damage may be collectei b; ,h" ]{ssociation r."r, ,r.r, owner, and such;I::ll shall be enforceable ut * Arr"r.-"nt and lien therefore in accordance with Arricle vI
7 '14 Animals' No animals of any kind whatsoever shalr be permitted, kept ormaintained on a temporary or permanent uui, o, ury;; of th.e Buildings J, ,r,. project, withthe exception of dogi which r;;t;k"pt within urr'uil; In the event Jny dog so maintainedin a unit becomes a nuisance, i, irr. sore and ;;"il ;i.;;;;;^';;1i"' Manager of theAssociation' the dog' upon written notificati",
"r ,r.rr*determination by the Manager to the,'#:illl*,Y['||:,X*:l th'-;;; ilept, ,t utt u. i.iiiiu,.r, ,"-ou# rrom *re project and
7 '15 Non-Smoking Restrictions' The Buildings shail be a smoking free environment:f.ll3,ffii;lT*ffi 1;fui'"
#il,-"0.
"i s;;;;;; ; gars, p ip e s or any
7 '16 Aericultural operations.-colorado is a "Right-to-Farm,, state pursuant to c.R.s. $
35-3-101' et seq'
';d"*,;;;ffi;ts and visitors -u'rt u. p."pu."a-io Jccept the activities,sights' sounds and smells of dtft.l;Lounty's "g.i;;il;;l operations as a no.mut and necessaryaspect of living in a county with a strong rural ci'ara",..-*na a hearthy ranching sector. A, mustbe prepared to encounter noises, oao., tLnt", ;0,;; ;;;;;i"}o'_I.r,inery on pubricroads' livestock on public roads, ti;;;. and disposur oi*unure,.and the application by sprayingor otherwise of chemical rtttili'..t, -."il
"-""i."rro n".otcides, and pesticrdes, any one orffi;Hlrllich mav naturallv ott" as a part of a regar and non-negrigent agriculturar
7 '17 Kevilq -uni6' Each unit owner or renter shall supply a key to the door to theirffiihflJ:t
crt*ilaffi; tt'#;artment to be stored in the Kno*-Bo* installed on each
8.1
full force and
provided. All
do insurance
VTI.
INSURANCE
The Association shall o btain and maintain ineffect at all times certain casualty, liability and other msurance as hereinaftersuch insurance shall be o btained from responsible companies duly authorized toColorado
BUS_REU816990.2
business in the State of
17
All such rnsurance shall name as insureds,the
Association' the Declarant, the Members and. Managers of the Association, the Association,semployees and agents and the Unit owners, in irr"i.'lupu"ity as o*r"i.. A, such insuranceshall protect each of the insureds ur ir"u"r, *;;;;;;"ty inrr..Ju;;;;.purate policies. Tothe extent possible such casuart/i"r*r1ce shall: 1uf prouiae for a *;i;;. of subrogation by themsurer as to claims against Declarant, the Associaii"ri 1, M"muos, iluirug".r, emproyees, andagents and against each owner *a .u.rt o;;#'#pt;y;;';;ffi#
@) provide that themsurance cannot be cancelled, invalidatrd "; ;;;L;'a"a ";;;;;'oi ,n" condu* of theAssociation, its Membett, tvturuj.rs, emproy"., unJ-ugents of any owner or such owrer,semployees or Guests; (c) provide"it ut urry "no other insurance,, clause in the insurance policyshall exclude any policies of inzurance maintained by any owner or Mortgagee and that theinsurance policy shall not u" u.ougrrt i",""""irjilrrr"r'*r,r, inrr**" *u#um"a by any owneror Mortgagee; (d) contain a stanoa?d ,nortgug" .irrr.
"ra".sement i, irr".'"rthe Mortgagee ofany unit or part of the.Project except u ir.tort[age. "irt i, or part oi,rr"'i-.;"ct who is coveredby other and sePllate.insurancg3-i.in.""ia"ir,Itirr" p"ii.y orirrrrur." rir"ir r", be terminated,cancelled or substantially modifrea without ut r.;;; (r0)-days, prior written notice to theAssociation and to each 6wne, urJ to. each Mortg&;";;r"r9_d uy any standard mortgage crauseendorsement; (0 be in the rot.n oiu .ingle polic;;;;rt;g dr of the improvements in the entireProject' and (g) provide that the insurer shall not have ihe option a i.r,L.. the Buildings ifownership of the Project is to be terminated i" u.;;;;; with ihe r.rr, "iflris Decraration or ifthe Buildings is to be sold in
"totaunce with the d"struction, condemnation and obsorescenceprovisions of this Declaration. ro the "^ilr, ;;;iui",,qi1uri" I?birity ;;d property damageinsurance shall provide for "or.*g" of any .r"r.-lluility craims^";io*r.rs against theAssociation or other owners u'a oiii. Association
"*rir.a owners witnout iight of subrogation.i3,,.Hlffi,Tril1"J,,il:t;#.;::-';;h ffi;ilil"i.o,i.ions as trre Association -0...n.
The Association shall obtain an independent appraisar of the project every three years;ff:J.'# *",ffi|r;.
that said "pp',i."r *uv u. p'.i,i,I""a uy ", ,pp;; employed by an
certificates of insurance coverage or copies of insurance poricies shal be issued to each3ffiTf;-,"*H*:ffi-ho -ur.., *,itt.r;"q;; i"lr,. a.ro.iuti* rJ;,, such certincate
The cost and expense of all insurance obtained bI_ lh: Association, except insurancecovering additions, alterations o, impror"ments made to a unit by an owner or other insuranceobtained at the reouest o.f.a1d rp*ifr""Iv d;f,G;]articurar owner, shall be an expense;1Jf:fi?TlJ,ff;3r'il|i',l $fl;:tation sha, r;q';,e corect an A,,.,#.,, in accordance
8'2 casualtlz Insurance' The Association shall obtain and maintain casuarty insurancecovering the project ura "*t urit *"ri"g r"r;;;J;rr"" u, fire and such other hazard,sas arecovered under standard extended
"ou".ug" policies, wlth_ vandalism and maricious mischiefendorsements' and' if available una ir a""il:i il;;;.i"t" uv the Association, war risk, for thefull insurable replacement cost of the p.o:".t,'irJrrain'g ea"r, unit. at ir" option of the
BUS_REU8t6990.2
18
Association such insurance may also cover additions, alterations or improvements to a Unit madeby an owner if the own"t ttitnuu..;;" Association d. ilv uaaitionar premiums anributable tosuch coverage' The.Association tr,"il "", ue 3frrgate; ; iirr, any insurance proceeds to restorea unit to a condition better th;;;; conditiois existirig_prior to the maling of additions,;,#:X;i,iffi",:'#fiX*:#"?#* '',,,.io;il::Trinsurance covering such additions,
8.3
8.4
shall obtain and S a The Associationmaintain worker 's compensation and employer's liability msurance as may benecessary to comply with applicable laws
8.6
8'5 Insurangg-by-Qruuers' Except to the extent coverage therefor may be obtained bvtheAssociatio"@o.u,o,",,..,.u.t,o,*ershal]beresponsibIeforobtaining
insurance he deems desirable in.iroing, *itir"ri^^ri*irurion,
"*r;r,i;urance coveringfurnishings and personal propertf iJorgirg to that o*r". and insurance covering personalliability of that o*'"t ana tnat ownerls
"mploy"", urrJ cu"rtr. Any insurance policy obtainedby an owner shall be such that it wiiinotaiminish
".uar"rr"ry affect or invalidate any insuranceor insurance recovery under poti"ies canied by trr. arro.lrtio, una.rruli,^;;;;" extent possible,contain a waiver of the tiir't
"i-ruurogation uv ,rr.-irrurer as. to any craim against theAssociation, its Memb"tt, tvt"urrugo,"Jg".rt, and emproy"", ura against other owners and their:#i#"tri11$T'li3f,:::#:*fi' A copv "r*rl^,rance poricv obtained by an owner
be paid to and received by the Association. All
proceeds directl Y, all lnsurance proceeds and
Except as some particular
recoveries shall
personhas legal right to receive insurance
msurance proceeds or recoveries received by theAssociation shall be applied by the Association: first, as expressly provided elsewhere in thisDeclaration; second.to the Owners or persons whom the Association may determine are legallyor equitably entitled thereto;and third, the balance, if dflY,to Owners of Units ratably, inaccordance with the Schedule of Assessments and Member Voting fughts set forth in Exhibit Bhereto.
8.7
authority to obtain and maintain other
The Association shall have the power or
msurance covering personal property of the
and additional insurance coverage,.including casualty
employees and agents of Association,fidelity bonds or lnsurance covering
employees and agents of the
the Association and msurance
Association and the Declarant
BUS_REU816990.2 t9
indemnifting Members,Manager,
8'8 owner-Ilcreased Premium5' In the event that, as a consequence of the hazardoususeofanyUnit,o.orffioi.|,*"*""i,.anyUnit,thepremiumsofanv
poticy of insurance purchased tt;d;ssociation *. -i-*.ur:o;
6 "-;;";ior"licy is ,"qui.ed,the cost of such increase or special policy shall be payable by the owneiof sr.i uoit.
DE STRUCTION, CONDEMN.ITION, OB S OLE S CENCE, ANDRESTORATION OR SALE OF THE PROJECT
certain Definitions' The folrowing terms sha, have the forowing definitions
9.1
(a)
"Substantial Destruction,, shall existwhenever,as a result of any damage or destruction to the including the Buildings andCommonElements, the excess of Estimated Costs of
Project,
defined)
Restoration (as hereinafter defined) overAvailableFunds (as hereinafter is fifty percent 50Yo) or more of the estimated RestoredValue (as hereinafter defined)of the Project,the Buildings and Common Elements.
(
including"Partial Destruction " shall mean any other damage of the Project, incl uding the Buildings orCommon Elements or any part thereof
(b)
"Substantial Condemnation,, shallexrstwhenever a complete taking of the Buildings or a part thereofhas occurred under eminentdomain or by grant or conveyance lieu of condemnation has o ccurred, and the excess ofthe
lnEstimated Costs of Restoration over A vailable Funds is percent (s0%)or more of theestimated Restored Value of the B uildings. ,,par1ial Condemnation,,shall mean any other suchtaking by eminent domain or grant or conveyance in lieu of eminent domain.
fiftv
(c)S
exist whenever "Substantial Obsolescence,, shallthe Owners by Member Action determine that Substantial Obsolescence exists orwhenever the Project,including the Buildings and Common Elements or any part thereof hasreached such a state of obsol escence oI disrepair that the excess of Estimated Costs orRestorationover Available Funds is fi percent (50%) or more of estimated Restored Valueof the Proj fty theect, including the B uildings and Common Elements "Partial Obsolescence,, shallmean any state of obsolescence or disrepair which does not constitute Substantial Obsolescence(d) Restoration' "Restoration" in the case,of any damage or destruction, sha,mean restoration of the Projectjncluding rh" BJili;lr"lno co*-o, Ei"---.nts to a conditionthe same or substantiaily flre same-".',rr. conaition in'*ii.r, it existed pri* to the damage ordestruction; in the case of cot'd"mnatfun, shall mean n".io.utior, of the remaining portion of theProject' including ttre nuilaings
-unJ'co-.,""
El..,;;;;-ro u, attractive, sound and desirabrecondition; and' in the case "f ;;t;l;""nce, shall m.un i"rtoration or the proiect, incruding theBuildings and common Elements to an attractive, ,orrJ ana a"ri.uule condition.
(e) Restored value' "Restored value" shall mean the value of the project,including the Buildingt urtt' Rot*uti-on as estimat.a uf irr" Association by Member Action.
BUS_REU816990.2
20
(0 . "Estimated Costs of Restoration" shallmean the estimated costs of Restorati;,;;a.t.r*i""d uyte Association by tvt",,u.. Action.
(g) Available Funds. "Available Funds" shall mean any proceeds ofinsurance or condemnutiot u*uod, oi payments in lieu of condemnation attributable to theProject' including the Buildings and common Elements plus a percentage of any uncommittedincome or funds of the Association including funds rro*irr"
"upitul ."r.iu" fund and the carry-over reserve fund of the Project, including the Buildings and common Elements. AvailableFunds shall not include that portion of insurance proceeds legalry required to be paid to any partyother than the Association, including a Mortgug"., o. that fortion of any condemnation award or
:iffi:t*li::;li*demnation pavable toln. owner ori u"i, for the condemnation or taking
9.2 Upon the occurrence of any damage ordestruction to the Project,including the Buildings or any part thereof or upon a complete orpartial taking of the proj ect, including the B uildings under eminent domain or by grant orconveyance in lieu of condemnation,the Members, by Member Action, shall make adetermination as to whether the excess of Estimated Costs of Restoration over Available Funds isfifty percent (50%) or more of the estimated Restored Value of the Buildings and CommonElements. In addition, the Members shall,from time to time, review the condition of the project,including the Buildings and Common Elements to determine whether Substantial Obsolescenceexists.
9'3 Restoration of the Proiect. Restoration of the project, including the Buildings andcommon Elements shall be undertaken by the Association without a vote of Owners in the eventof Partial Destruction, Partial condemnaiion or Partial obsolescence, but shall be undertaken inthe event of Substantial Destruction, substantial Condemnation or substantial obsolescence onlyby Member Action and the consent of thefirst lurortgug;s who hold security interests in thoseUnits the ownership of which is required for and .on"rtitrting Member Action. In the event theinsurance proceeds actually receivet exceed the cost of Restoration when such Restoration isundertaken pursuant to this Article IX, the excess shall be paid and distributed to all of theowners of units in the Buildings, ratably, bTgd upon p"r""ntage proportions set forth in theSchedule of Assessments and vernber voiing Rights set iorttr on Exhibit B hereto.
9'4 Sale of the Project. The Project, including the Buildings and common Elementsshall be sold in the event of Substantial Destructiorr, iiustantial condemnation or substantialobsolescence unless consent to Restoration has been obtained in accordance with section 9.3above' In the event of such sale, ownership of the p.oj."t,lr.luding the Buildings and commonElements under this Declaration shall terminate ura tn. proceedi of sale and any insuranceproceeds' condemnation awards or payment in lieu of condemnation shall be distributed by theAssociation to the owners of Units ln tt . nuildings, .aili;, based upon percentage proportionsset forth in the schedule of Assessments and Mimber voting Rights set forth on Exhibit Bhereto' Payments to be made to owners hereunder shall be made jointly to Mortgagees as toUnits which are mortgaged at the time of such puy_.rt. -
BUS_REU816990.2 2t
9.5
9.7
9.8
9'6 PavnreulplPrq!99d!' All insurance proceed-s or proceeds of sale shall be paid tothe AssociationlJtrutttt-fo' ull of the own"r, *i uti-tutongugees, as the interest of suchowners and such Mo1eu|..1 *r, "o*1., subject to the outigation of the Association to restorethe Project, including trrl Euiloing, uli co--f" Ei;;;; as provided herein.
BUS_REU816990.2
22
be a Member of Association,and any interest in
Project,the Common Elements appurtenant to that Unitshall automaticall y become vested in the Association for the benefit of the remaining Units in theBuildingson a ratable basis.
9.9
1n
9.10
Units in the
In the event all of a Unit is takencondemnation,that Unit shall cease to be part ofthe the Owner thereof shall cease to
voting' Except as is provided in this Article IX, the votes of all owners of allentire Buildings shail be .o.,sia...i on.'t rra..a p#.rt ro.'rr"h voting purposes.
x.
COMMONLY OWNED UNITS
Unit owned by the Association shall be deemed aOwned Unit may be a Unit acquired by theor otherwise Notwithstanding the fact that anythe Unit shall not be deemed part of the Common
10.2
N otwithstanding any otherprouslonsof this Declaration to the contrary, for so long as any Unit Commonly OwnedUnit,there shall be no re membership in the Association for that Unit;no vote assigned to
lsagular
that Unit; and no Asses sment levied or paid with respect to that Unit. If an y Unit is a CommonlyOwned Unit upon termination of ownership of the Project,the Buildings and CommonincludingElements,the beneficial interest in such Unit shall be owned in common by the thendeemedOwners of all other Units, on a ratable basis as set forth on Exhibit B hereto
10.3
U The Association sell anyCommonlyOwned Units for their fair market value and shall have the right to lease or permit the
may
use ofany Commonly Owned Unit in the same manner as provided in Article 5.7 with respect toCommonElements.
xI.
MISCELLANEOUS
11.1 Each provision contained in this Declaration which issubject to the laws or rules sometimes referred to as the rule agalnst perpetuities or the ruleprohibiting unreasonable restraints on alienation shall continue and remain in full force andeffect for a period of twenty-one years fo llowing the death of the last to die of David Hicks,Connie Hicks, and any of the latter,s children Ii ving as of the date hereof or until this Declarationis terminated as hereinafter provided,whichever first occurs All other provisions contained inthis Declaration shall continue and remaln ln full force and effect until ownershi p of the Projectand this Declaration is terminated or revoked AS hereinafter provided.
11.2
be amended,Any provision contained in this Declaration mayadded to this Declaration, o, ttrisb-e-cilration and
BUS_REU816990.2
or additional provisions may be
23
ownership of the Prglect may be terminated or revoked, by th3 reco_rding of a written instrumentor instruments specifving thl ;;;;;;rt or additio, * tir" fact of ,"rii*i", and revocation,executed by a sufficient numbet oiit"'o*rers of units to constitute Member Action. No suchamendment to this Declaratio" tr,lii^iur" ,1.^ "ff".t;i;rohibiting the use of any Unit for apu{pose which is valid under tt'" ptouirions of Section z.l i.."of at the time of such amendment.
11.4
each provision of this Declaration with respect to an Owner or
In addition to any other
the Unit of an Owner shall be
remedies herein provided,
enforceable by the Association or by any individual Owner a proceeding for a prohibitive orbymandatoryinjunctionor by a suit or action to recover or both. If any court proceedingsare mstituted in damagescorurection with the rights of enforcement and remedies provided in thisDeclaration, the prevailing party shall be entitled to recover from the losing party its costs andexpenses in connection therewith, incl uding reasonable attorney,s fees
1 1.5 No violation or breach of; or failure to comply with,any provision of this Declaration and no action to enforce any such provision shall affect, defeat,render invalid or rmpar the lien of any First Mortgage or Deed of Trust on any Unit taken ingood faith and for value and perfected by recording in the Office of the County Clerk andRecorder of Garfield C
the Unit and li
ounty, Colorado
sting the
pnor
name or names of the
to the time of recording
Owner or Owners of
in said office ofmstrumentdescribing ansimple title to the Unit and grvmg notice of such violation, breach or failure to comply; nor shall
fee
such violation,breach,failure to comply or action to enforce affect,defeat,render invalid orlmpalrthe title any such First
BUS_REU8r6990.2
or interest of the holder of
24
Mortgage or Deed of Trust or the title or
mterest acquired by any purchaser upon foreclosure of any such First Mortgage or Deed of Trustor by deed in lieu of iot""tot'* or result in any-liabilrry;;;.*ri
"i"in.r*ise, of any suchholder or purchase': .Fv,:"* pr*rru.", o.tror"iro*g or by deed i.rli", of forecrosure shar,however' take subject to this Declaration
"*."p, ffi[a; viotatio;;;;;;;.hes of or failures rocomply with' any-provisions orthis oe"ru.atioi;ilJh';."rrred prior to the vesting of fee simpretitle in such purchutt, ,huii il;; a...r,.J u.Ld;';, violations h;;.;;-", failures to complyherewith with respect to,such purchaser, his hei;;;;.lorrur representatives, successors or assisns;11f1,ru",'#"**;|;**1;1i*:*Xi#t5,Tc,aimsil*;;#a.,",,-",;";:,f,:,
11'6 rtm{edrrebilrty' Neither Declarant, the Association, the Member and Manaserof the Association' nol ?nv ug".,t or emproye" of ;y ;ith. .;. ,h;ri'l.ii"ur. to any pu.ty L.H, il:::&Hffi 3ilil:Jlfi,,#;";G;;";'ir?atter irthe action iur.n or ra,ure to act
11.7 Sr
ff .
j:f :**:ffi
"3#"?"Tl"Hf
i:11"B.#:i':fl J',"#"11,*:'ix*
1 l '8 Severabtl4y' Invalidity or unenforceability. of any provision of this Declaration in[l"::ffi:ffi ffiil?*il,fi*-nli[s;#fi*lti*,"iilr;,h.;-;;isionsoranyva,ir
u,,o .r,ur1
1,:,
"m;. Jff ;;#iffi :Xiffi m3;ilff $:ff;;ff; ", c onveni enc e onry
1 1' 10 No waiver' Failure to enforce-any provisionsof this Declaration shall not operateas a waiver of any such provisio., o, oruny "irr. pi";trd of this Declaration.
I 1' 1 1 Fu4hpr4ssurauqg!' The Association and each owner hereby agree to do suchHTJ#it:xffi.;;hffi#.iIffi",.SaSmay."u.o,'iblyberequiredto
11'12 wod-Uqagg' The use of the masculine gender herein shal be deemed to includeff*#:?ffitm::-,fif,".:,;ffi'" use orthe .i,;,i;;sha, be a....a.incrude the prurar,
11'13 vZW Facility' By taking title toor acquiring an interest in a unit or in alr or anyportion of the Proiect, "*il o*n.;] 6:.::1, ;q"i;41*."_*r,r"wredges the benefirs to andobligations of the Association i' "oL""tion with ttte iiwFacility and'the izwlease to theProject' Notwithsta:9fog;y'hiil;tir" .ort u.y in this Declaration, including, but not limitedto, the provisions set fortl i""s""ii?r, i 7, ,,r., s.s,-i.i)i z, i:;;_^;.;;;;#+L* Facility is anauthorized use of the Real P*p"t'v'r"aer this o""i"."i"r, and the vzwlease is a varid andbinding obligation of the o*,;;i Jrri,
-,
r* ,r"""r# and assigns. As long as vZW, its
BUS_REU816990.2 25
successors, or assigns, adheres to the terms of the VZW l-ease, the yZW Lease may not beterminated except p'ursuant to the terms and conditions contained therein.
above #I,H^ESS WHEREOF, Declarant has executed this Declaration the day and year first
GLENWOOD COMMERCIAL, LLC
By:
By:
Dave Hicks
Dave Hicks
its Member
its Manager
STATE OF COLORADO
COTINTY OF GARFIELD
The foregoing instrument was
2010, by David Hicks as
Witness my hand and official seal
My commission expires:
{sEAL}
,acknowledged before me thisMember/Manager of GlenwooJ Co_r...iuf ,
)
)
)
ss.
day of
LLC.
Notary Public
BUS_REU816990.2
26
DATE INVOICE NO DESCRIPTION
BAI.ANCE7 -L4-to REVEGETAT roN Revegetati on Security 1500.00
7-30-10DATE 7NUMBER TOTAL >
l_600.00
Glenwood LLC
No. l0-72242 HRT
P O. Box 700
PLEASE DETACH AND RETAIN FOR YOUR RECORDS
GCT00001 Garfield County Treasurer
ttlr
I,lrl ,,,
"ii
'
i
WeIs'Fargo Bahk West, N.A.
205 E. Meadows brive
LLC
Glenwood Springs, CO 81601
CHECK NO.
7
David Hicks
rE@)HrcGl.k,e+lFr€7frftror.6!,
Ttod
23-7
1020
AMOUNT
$******1,6Oo.oo
AORDER CONTAINS MICFOPRINTING
co 81602
DATE
July 30, 2010
ne thousand six hundred dollars and no cents
i PAYI ro rHs
I oRDERoF
1
I
llj'lr r
I.
Garfield County Treasurer
P.O. Box 1069
Glenwood Spgs, CO g1602
u'OOOOOOOO ?1,t: lO TOOOO ?Er: e ? 5 5 St I5 5Eu.
o
STATE OF COLORADO )
cor.rNTy oF GARFTELD ltt'
I' Robin S' Unswortll city clerk for the city of Glenwood Springs, a colorado munici-
pal corporation' hereby certi$i, to the best of my knowledge and belief; on this lTrh dayof Feb_
Ndr!' 2009' that the attached facsimile is a complete, fu[, true and exact copy of an excerpt of
the Minutes of the Glenwood Springs city councir meeting of Jury r,2004.
Witness my hand and the official seal o
o
'. i'. 1
.:..)7
//rrltlrzrr
,J ":t
S.U
(;t,EN\!,OOI) SPRrN(;s. (.or.o It.\tx) 81601
{l'i:coiti
,i{ 1,1:i1U
"-C
j
l0l W. 81'II St'RtrIl..I.
u u'u .ci.glt rru ood_spl.i ilgs.c(). rrs
e70-384-6400
o o
Karl Flanlon stated that I\[r' Hicks wants considTlion for a pre-Annexation agreement to provide water and sewer;#:,ili,h1:mmercial developmeni"*irw"r-r"r*, ff;;;;; with;ini ;;",;;' il is arso asking ror a
Mr' Hicks showed his plans for two more buildings. Each building would be approximater y r2,000square feet andanficrpated users would.be commercial officer*und ,"*,_."t"il,;;;i ur"u p"ur, store, etc. He is asking for sewer::ffi:fi *,"fi ;XX::*il11*T::#J#:"i1il'#;J,111"i.-,hathed;;;;h;;;,;keepretumingror
""#::fi T#fl fl :";i,t"i#tft-:;1[:,,1ff#;?iii::tHil;:tlrii::",,.H*,ffi * jl*sonkeeping
Mr' tlanlon stated that the city would put separate water and sewer meters on each of the units.
councilor McGovern clarified that the request is for 24,000 square feet total and 2lservices.
Mayor Emery asked the public for any comments or concerns. There were none.
councilor Merritt moved' seconded b-y councilor McGovern,
^to
oilow for water and sewer service, withthe conditions that (t) oppti"o':iiioti pov o si,ioi.oiii^irirood::rbgt e) ptans and specifications'#!:;::,:;:;,i,fi#t;f,.,;fi:#,i"{i,;::l;trii!::[:::i'!*!ji!,,,,h;i;;;;td-on,n"
councilor Richardson.sailhe thinks the project is a little too dense for this area.council registered their votes on ttre erectronic righting ,,,.;.';;;; odon passed unanimousry.
Mr' Hicks then addressed Council about a new traffic light. He currentry has a cDoT access permit. The hafficlight would be situated i' fi'*i;f hi;;ffi1 Tn19ks;;;9i;;;;cess of 60 mph are the worst offenders. rheil;l,'
to slow traffic down "t th" ;";i;;;ransirions . +j ,i* i3. coor supports the concept orthe new
councilor McGovern asked how much vision would traffic coming from the South have. Mr. Hicks said that itwould be almost unobstructed tot n'ruio-v","v-i"rr"#'n;'""#"- said she is normallynot in favor of trafficlights, but in this dangerous area, she gave her support for Mr. Hicks on the faffic right.
councilor christensen asked about another access from the south storage. Mr. Hicks said trrat these two would be:::litr"jrill"iombined shared,,,h";;;l;;i*. c.*"ril. ;'#;;,", agreed that this is a very dangerous
r::ff:l"t o'Donnell said that he doesn't believe in taffic rights but rhat the councir shourd consider this for safety
Mayor Emery asked the public for comments and tlere were none.
Larry Thompson recommen^ded that we not oppose a traffic signal at this location due to safety reasons but he isreluctant to offer sbons encouragement for it'because it is not-within 6ity limits and if it *"r", rr" is not sure thatthis is the most importint locatioi ,t "i" ""mlrignal is ,J;.. il;ver, he has no objections to the location.
iri#'li[,If{iii#"riil;seconded bv Councitor Richardson, to write a tetter to CDor not opposing a
o
councilor christensen noted that while it is outside the city rimits, it does affect the City and we have a::'J":,1"J:'.'yJ:3,U::*::: *ut" '*" tt u, u"""r. i, ,. *r" u.'possibre. rhe average person does not know
council registered their votes on the electronic lighting system. The results were:
AyES: Beckwith, Merritt and RichardsonNAyS: Christensen, O,Donnell, f*.y, and McGovern
The motionfailed.
:'ffi':i;"?,:;i;,!il:;::seconded b1t Councitor McGovern, to write a tetter to cDor supporting a
council registered their votes on the electronic lighting system. The results were:
AYES: Christensen, O,Donnell, Emery, McGovern and RichardsonNAyS: Beckwith and Merritt
The motion passed.
o