Loading...
HomeMy WebLinkAbout1.0 Application Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE-APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2393-072-00-031 DATE: September 26, 2014 PROJECT: Garfield County Commercial Investments, LLC Rezoning OWNERS/APPLICANT: Garfield County Commercial Investments, LLC REPRESENTATIVE: Mike Cerbo, Galloway and Charles Smith, Brownstein Hyatt Farber Shreck PRACTICAL LOCATION: 7215 SH 82, Glenwood Springs ZONING: Residential-Suburban TYPE OF APPLICATION: Zone District Amendment (Residential–Suburban to Commercial-General) I. GENERAL PROJECT DESCRIPTION The applicant is requesting a change of zoning for the 43.250 acre property from Residential Suburban to Commercial General. This property is located north and adjacent to the property approved for the River Edge PUD and Preliminary Plan. This property is designated in the County’s Comprehensive Plan as Residential High (3 dwelling units per acre to 1 dwelling unit per <2 acres). The property is within a water and sewer service area and is also within a Unincorporated Community designation. A designated Rural Employment Center is located at the southern portion of the property. The propery is flanked on the north and east by properties zoned Commerical-General and Commercial- Limited. On the south, properties are zoned PUD, and to the west by PUD and Residential-Suburban. 1 Zoning Map 2 Parcel Location 3 Excerpt from Comprehensive Plan 2030 Future Land Use Map showing approximate location of GCCI parcel II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS • Garfield County Comprehensive Plan 2030 • Garfield County Land Use and Development Code • Table 4-102, Common Review Procedures and Required Notice; • Table 4-201, Application Submittal Requirements III. REVIEW PROCESS The review process shall follow the steps as contained in Table 4-102 and Section 4-113, Rezoning. Please see attached for a flow chart showing the steps in the process. IV. SUBMITTAL REQUIREMENTS Please refer directly to Table 4-201 and the list of General Application Materials in section 4-203. These application materials are generally summarized below:  General Application Materials (4-203.B) o Application Form o General project description o Ownership Documentation (deed) and title information indicating if there are any lien holders and/or encumbrances (a title commitment may be necessary) o Statement of Authority or Letter of Authorization, as necessary 4 o Fee Payment and Payment Agreement Form o Pre-Application Conference Summary o Names and addresses of all property owners within 200 feet of project site and all mineral owners of the subject parcels (demonstrated through a search of Clerk and Recorders database and/or Assessors database).  Vicinity Map (4-203.C)  Rezoning Justification Report (4-203.H) (addresses all review criteria)  Legal Description of property Submit three paper copies and one CD for applications. Additional copies will be requested upon determination of completeness. See the land use code for additional information on submittal requirements. V. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: __None (Director’s Decision) _X_Planning Commission _X_ Board of County Commissioners __ Board of Adjustment c. Referral Agencies: May include Garfield County Road and Bridge Department, Colorado Department of Transportation, RE-1 School District, Fire Protection District, Town of Carbondale, City of Glenwood Springs, Garfield County Designated Engineer, Roaring Fork Water and Sanitation District, Colorado Division of Water Resources, Garfield County Sheriff, Garfield County Environmental Health. VI. APPLICATION REVIEW FEES a. Planning Review Fees: $ 450.00 b. Referral Agency Fees: $ TBD – consulting engineer/civil engineer fees c. Total Deposit: $ 450.00 (additional hours are billed at $40.50 /hour) General Application Processing The pre-application meeting summary is only valid for six (6) months from the date of the written summary. 5 Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre-application Summary Prepared by: September 26, 2014 ___________________________________________ ___________________ Tamra Allen, Planning Manager Date 6 1"=2000' 017608\0001\11667586.6 February 02, 2015 Ms. Tamara Allen Planning Manager - Garfield County 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Garfield County Commercial Investments, LLC - Rezone Justification Report Dear Ms. Allen, The purpose of this report is to explain how this request for a rezone of the 43.25 acre parcel (parcel 2393-072-00-031) located north and adjacent to the River Edge Colorado Planned Unit Development (REC PUD) and Preliminary Plan meets the applicable criteria for a rezoning in Garfield County. We propose to rezone the property from Residential-Suburban (RS) to Commercial-General (CG). General Project Description The subject property is a 43.25 acre property owned by Garfield County Commercial Investments (GCCI), an affiliate of Carbondale Investments (CI), which owns the property associated with the REC PUD. GCCI also own the property adjacent to the north of the subject property, which currently houses a vacant building. The property this application proposes to rezone is currently zoned RS and is within an Unincorporated Community designation. The southern portion of the property is also within a Rural Employment Center designation. The parcel is bordered by the following zone districts and uses: x North: Properties zoned CG, mostly built out and occupied by existing business. x East: State Highway 82 (SH82); and property zoned CG and Commercial-Limited (CL) properties, mostly built out and occupied by existing businesses. x South: Cattle Creek Road. Access from SH82 is proposed to be eliminated as part of CI applications. The Rio Grande Trail and Cattle Creek Road converge at the southern limits of the property, which borders property zoned PUD. x West: Rio Grande Trail, a publically maintained pedestrian and bike trail. Below is an explanation of how this application meets the applicable criteria for a rezoning, specifically addressing the review criteria set forth in Article 4 of the Garfield County Land Use and Development Code, Section 4-113, Rezoning. Ms. Tamara Allen Garfield County Commercial Investments Rezone January __, 2015 017608\0001\11667586.6 1. The proposed rezoning would result in a logical and orderly development pattern and would not constitute spot zoning. The subject property borders property to the north that is zoned CG and is also owned by GCCI. To the east and across SH82, the majority of land is zoned CG, with a smaller portion of the land zoned Commercial-Limited (CL). The Roaring Fork Transportation Authority’s trail (Rio Grande Trail) is located along the western border of the subject property and is primarily used as a bike path. The subject property is adjacent to existing commercially zoned property and SH82 to the north and east. Rezoning the subject property to CG will continue the existing commercial land use pattern in the surrounding area. The proposed rezoning allows a natural transition from the intensity of SH82 to the REC PUD, and the Rio Grande Trail provides a natural separation between the subject property and the residential properties located to the west (REC PUD & RS zoned properties). The rezoning would result in a logical and orderly development pattern due to the ability to provide transitions and buffers between differing land uses. The rezoning would not constitute spot zoning because commercially zoned property already exists in the area. The property adjacent to the north of the subject property, also owned by GCCI, is zoned CG and previously operated as the Old Sopris and Dos Hermanos restaurants, both of which are no longer in business. 2. The area to which the proposed zoning would apply has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area. The CI property (REC PUD) was rezoned in 2008 to Residential General Suburban Density when the approval for the uncompleted portion of the Sanders Ranch PUD was revoked by resolution 2008-112, by the Board of County Commissioners for Garfield County. The Sanders Ranch PUD was owned by River Bend Colorado, LLC, and included a 54-acre conservation easement held by the Roaring Fork Conservancy. Under resolution 2008-112, the conservation easement constituted a completed portion of the Sanders Ranch PUD, and is located along the western portion of the CI property and adjacent to the Roaring Fork River. Prior to the approval of the REC PUD, the CI property had been known by several different names, including Sanders Ranch, Bair Chase and Cattle Creek Colorado. In December 2011, the REC development was rezoned to a PUD, and in late 2013 a new zoning map was adopted and the subject property was zoned RS. As construction of the REC PUD and other surrounding residential areas progresses and residents move in, the demand for commercial establishments serving the population of the unincorporated community will increase. Also located within a half mile of the GCCI property are the Los Amigos Ranch, Ironbridge and Aspen Glen PUDs. Each PUD contains existing residential units, and future residential units, that would be served by commercial use on the GCCI property. However, the existing zoning on the GCCI Ms. Tamara Allen Garfield County Commercial Investments Rezone January __, 2015 017608\0001\11667586.6 property does not allow for commercial development to serve the existing residential, and meet the anticipated demand from future residential development. The Comprehensive Plan defines an unincorporated community as,“Generally, a small town that has not been incorporated. They typically contain a mix of retail, office and residential uses. The commercial uses are intended to serve their own populations and the immediately surrounding residences.” The uses allowed under the CG zone will fill the need for commercial uses that focus on serving the population of the unincorporated community, such as restaurants, convenience stores, recreation centers and general retail. CL zoning does exist across the Rio Grande Trail and to the north of the subject property and the east across SH82; however the existing businesses serve the County as a whole and consist of uses such as self-storage, auto repair and construction industry services. The proposed rezone is a response to approved development in the area and growing demand for varied commercial uses. Approval of the rezoning request will allow a variety of additional commercial services and opportunities that will enhance the unincorporated community area, creating a more complete and diverse community. The Comprehensive Plan further provides that in an unincorporated community, “Services and infrastructure are provided by a combination of county (e.g. sheriff) and special districts (fire, water/sewer, school, etc.).” On-site improvements for the GCCI commercial development is expected to be provided without the need for County contribution, through a combination of private financing and public financing. The GCCI has executed a pre-inclusion agreement with the Roaring Fork Water and Sanitation District to provide water and sewer service to the subject property. On September 4, 2012, the Board of County Commissioners approved a Service Plan for the Cattle Creek Metropolitan District (CCMD), which serves the RED PUD and will serve the subject property once “the County has approved a development permit of approval, including building permit, rezoning, PUD or plat for the GCCI property.” Per the Service Plan, the CCMD will provide for the financing and construction of infrastructure and utility facilities necessary for the development of the REC PUD and subject property. However, the County should be aware that an amendment to the Service Plan and an application to create a new district have been (or will soon be) submitted for approval, which together will alter the boundaries of the current district so that one district serves the RED PUD only and the other serves the subject property only. This will allow each district to tailor the services it provides, infrastructure it constructs, and the method by which it finances such services and infrastructure to the residential and commercial uses on each property without unnecessarily imposing inappropriate requirements and burdens on the other property. The development of residential land uses in the area has increased in recent years and plans for the CI and GCCI properties have evolved over the past fifteen years as economic conditions have changed. As such, development of retail and office space in the unincorporated community will provide a much-needed healthy mix of uses, with the Ms. Tamara Allen Garfield County Commercial Investments Rezone January __, 2015 017608\0001\11667586.6 access to the necessary services and infrastructure required to serve a growing community. 3. The proposed rezoning addresses a demonstrated community need with respect to facilities, services and housing. As mentioned above, the unincorporated community lacks an area that allows for commercial and office uses. As residents move in to the REC PUD, other nearby PUDs, and RS areas along the Roaring Fork River, demand will increase for commercial services in the community. The rezone enables the subject property to meet this demand. Because of the subject property’s proximity to SH82, development of the subject property for commercial and office uses will certainly benefit the County as a whole. However, as intended under the Comprehensive Plan, the primary purpose of this rezone is to serve the unincorporated community wherein the subject property is located. The proposed commercial and office uses will serve the immediate residents of the local unincorporated community, as well as the surrounding communities, while creating the potential for additional offerings that complement existing commercial uses near the subject property. 4. The proposed rezoning is in general conformance with the Comprehensive Plan and in compliance with any intergovernmental agreement. To the applicant’s knowledge, there is only one intergovernmental agreement applicable to the subject property, which requires the County to route major applications to the municipalities and districts that would be directly affected by an application for comments. The proposed rezone application will be routed to the appropriate local, State or Federal agencies for review, in accordance with the Garfield County Land Use and Development Code. The Comprehensive Plan identifies the need for economic diversity and a balance between jobs and housing as primary concerns for the County. The Comprehensive Plan also provides that new growth should occur in areas that can be provided with urban services and that growth efforts should focus around major themes, such as allowing growth in unincorporated communities and in designated centers. A rezone to CG will expand the economic diversity within the unincorporated community and will help achieve a diverse mix of residential, commercial and office uses in the immediate area. The southern portion of the subject property is located within a Rural Employment Center, which the Comprehensive Plan defines to mean, “Small areas that accommodate principally employment uses” and which are “typically located near major roadways” and can contain retail uses. The proposed rezone, and the resulting commercial and office uses on the subject property, would promote job growth and job creation in both the designated Rural Employment Center and the broader unincorporated community. The subject property’s proximity to SH82 provides a tremendous opportunity to satisfy the unincorporated community’s need for commercial uses with convenient and logical access. In turn, when paired with the affordable Ms. Tamara Allen Garfield County Commercial Investments Rezone January __, 2015 017608\0001\11667586.6 housing offered by the REC PUD development, the proposed rezone helps the County achieve a balance between housing and jobs offered throughout the County. The proposed rezone is in general conformance with the Comprehensive Plan as the subject property is designated for development. The 54-acre conservation easement held by the Roaring Fork Conservancy, which constituted a completed portion of the now defunct Sanders Ranch PUD, ensures that open space along the Roaring Fork River is preserved, and a balance between open space and future development is achieved. In conclusion, the rezone will provide commercial land uses in the unincorporated community for the convenience and benefit of future area residents. It will foster a logical and orderly development pattern and fill a need for commercial and office services in the area. The proposed rezone will enhance the economic diversity and vitality of the unincorporated community in which the subject property lies. Approval of the rezone will allow for growth within the unincorporated community and the Rural Employment Center, and will address the demands of an area that has undergone considerable change in recent years. Sincerely, Galloway Michael Cerbo Site Development Coordinator MikeCerbo@gallowayUS.com cc: BHFS, HDR 013738\0001\11848260.1 Memorandum DATE:January 22, 2015 TO:Charles J. Smith FROM:Ginny Hersch RE:Review of Mineral Ownership For GARFIELD COUNTY COMMERCIAL INVESTMENTS, LLC’s Parcel 2393-072-00- 031 This memorandum outlines the steps that I took to research the mineral ownership for the property in Garfield County owned by Garfield County Commercial Investments, LLC the “Property.” First I reviewed the commitment for title insurance (the “Commitment”) prepared by Stewart Title Guaranty Company as File No. 01330-37872 dated effective March 14, 2014. The Commitment lists reservations in 5 patents covering portion of the Property. The reservation in each patent is for rights of the proprietor of a vein or lode to extract and remove his ore therefrom. The patents were recorded in the office of the Garfield County Clerk and Recorder on: 1.November 17, 1983 in Book 12 Page 255 No. 16539 (Florence Gardner). 2.June 24, 1893 in Book 12 Page 235 Reception No. 16010 (John Gregory). 3.December 4, 1894 in Book 12 Page 339 Reception No. 11720 (Joseph McLarning). 4.January 15, 1896 in Book 12 Page 394 Reception No. 19002 (Charles W. Darrow). 5.January 24, 1906 in Book 56 Page 534 Reception No. 31514 (Hyrcanus Stanton). These patents do not reserve minerals, only easements for ditches and the right to follow veins of minerals. I next searched the Garfield County Clerk and Recorder’s records starting from the patents and going forward in the Grantee/Grantor index looking for any deed which would sever the mineral estate from the surface. I found 3 cases where the mineral were severed. The severances are: 2 013738\0001\11848260.1 1.A life estate in and to one half of all the net royalty payments was reserved by Gisella Fiou in deed recorded September 28, 1965 in Book 370 at Page 69 Reception No. 231765. I found obituaries for two of her sons in the local newspaper that stated that Gisella Fiou Myers had predeceased the sons. Because Gisella Fiou is now deceased, the life estate returns to the surface estate. 2.T. M. Sanders by Quitclaim deed from Neil S. Mincer and Erven T. Larson recorded December 17, 1964 in Book 362 Page 445 Reception No. 228037. The reserved interest was not conveyed further by T. M. Sanders. T. M. Sanders a/k/a Thomas M. Sanders a/k/a Thomas Milbern Sanders passed away March 7, 1970 in Orange County, California. His will was recorded in the records of Garfield County on November 19, 1971 in Book 425 Page 1 Reception No. 251765. The will states that his wife is named Pearl M. Sanders, and that he leaves two children David R. Sanders and Marva Sanders Brown. Lucile M. Johnson was appointed as trustee. There are no deeds either to any of the above parties or out from any of them which means that the reservation was not conveyed further. 3.An undivided one-fiftieth of all oil and gas was reserved by Ella J. Chase in Warranty Deed, recorded June 12, 1951 Book 258 Page 594 Reception No. 176326, by Ella J. Chase. Ella J. Chase did not deed the reserved interest out to anyone. Ella J. Chase passed away in Iowa on April 10, 1964 and her will was recorded in Garfield County on February 24, 1965 in Book 364 Page 143 Reception No. 228828. She left any real property to her niece Gladys Zook Smith. There are no deeds into or out from Gladys Zook Smith which refer to the reserved mineral interest. I could not find Gladys Zook Smith through an internet search, Clerk and Recorder search, Assessor’s record search or a search of the Glenwood Springs phone listings. The Commitment does not indicate that there are any deeds for mineral interests or reservations other than those mentioned above and it does not indicate that any mineral estate owner has filed a request for notification. I next searched the Garfield County Assessor’s records. The Garfield County Assessor does not currently track severed minerals unless the mineral owner is able to prove ownership by presenting deeds, title commitments or other evidence to the Assessor. According to Samantha Pickard, the Minerals Clerk for the Garfield County Assessor, there are only 73 severed mineral accounts currently on the tax roll in Garfield County Samantha checked the 73 active mineral accounts and the inactive mineral account records which would reflect any accounts that had been tracked by the Assessor in the past. There are no active or inactive mineral accounts for the property included in the legal description of the Carbondale Investments, LLC property. The vesting deed for the Property is a Correction Deed recorded June 22, 2011 under Reception No. 804202. The Correction Deed contains a reservation by Carbondale Investments LLC, a Texas limited liability company. Article 1 – Reservations, Section 1.2, contains a Reservation of Oil, Gas and Mineral Rights to Carbondale Investments, LLC which “specifically reserves the all right, title, and interest in and to all minerals and mineral rights, and shall retain the right to develop and remove all minerals and mineral rights on, in or that may be produced from the Property.” The address for Carbondale Investments, LLC listed in the deed is 5121 Park Lane, Dallas, TX 75220. The Assessor’s records indicate the address as: P. O. Box 17330, Little Rock, Arkansas 72222. GCC001 - Garfield County - Proof of Ownership.docx 1 of 1 To: Ms. Tamara Allen – Planning Manager, Garfield County From: Mike Cerbo – Site Development Coordinator, Galloway Date: December 22, 2014 Re:Garfield County Commercial Investments, LLC –Proof of Ownership Please see the attached documents from the Garfield County Assessor’s Office, showing ownership, and 2014 tax information, on the subject property. Tax Account Summary Account Id R082856 Parcel Number 239307200031 Owners GARFIELD COUNTY COMMERCIAL INVESTMENTS LLC Address PO BOX 17330 LITTLE ROCK, AR 72222 Situs Address Legal Quarter: SE Section: 1 Township: 7 Range: 88 PARCEL A (EAST PARCEL) Inquiry As Of 10/09/2014 Payment Type First Full Total Due $0.00 Update Value Area Id Mill Levy 011 - 1R-MF - 011 69.6020000 Actual Assessed VACANT COMMERCIAL LOTS - 0200 475,000 137,750 Taxes $9,587.68 The amounts of taxes due on this page are based on last year's property value assesments. Page 1 of 1Tax Account 10/9/2014http://act.garfield-county.com/treasurer/treasurerweb/account.jsp?account=R082856 R082856 239307200031 GARFIELD COUNTY COMMERCIAL INVESTMENTS L PO BOX 17330, LITTLE ROCK, AR, 72222 , GLENWOOD SPRINGS Quarter: SE Section: 1 Township: 7 Range: 88 PARCEL A (EAST PARCEL) 011 Account: Parcel: Owner Name: Owner Address: Property Address: Subdivision: Legal: Tax Area: Year Land Actual Imp Actual Total Actual Land Assessed Imp Assessed Total Assessed 2014 475,000 475,000 137,750 137,750 2013 475,000 475,000 137,750 137,750 2012 674,700 674,700 195,660 195,660 Taxable Values History Model Attribute Name Attribute Value LAND 0 ABSTRACT_CODE VACANT COM LOTS AREA_ACRES 43.25 NEIGHBORHOOD HWY 82 & ROARING FORK RIVER-AG Property Details Property Images Account Information Garfield County Assessor Data Site Jim Yellico, 109 8th Street, Suite 207, Glenwood Springs, CO, 81601 (P) 970.945.9134 | (F) 970.945.3953 | (E) jyellico@garfield-county.com To: Ms. Tamara Allen – Planning Manager, Garfield County From: Mike Cerbo – Site Development Coordinator, Galloway Date: February 2, 2015 Re:Garfield County Commercial Investments, LLC -Property Owners List – Two Hundred Feet (200’) within GCCI Property NAME ADDRESS CITY STATE ZIPCODE JANCO REAL ESTATE HOLDINGS LLC 7800 HIGHWAY 82 STE 209 GLENWOOD SPRINGS CO 81601 GREMEL HOLDINGS, LLC PO BOX 557 EMERY UT 84522 PAYNE, JOHANNA S & WAYNE S PO BOX 8198 ASPEN CO 81612-8198 PERKINS, MELVIN L & PHYLLIS M 448 COUNTY ROAD 110 GLENWOOD SPRINGS CO 81601-9604 PERAU, RONALD G 200 DEER RUN TRAIL RIFLE CO 81650 ASPEN EQUITY GROUP LLC PO BOX 1439 CARBONDALE CO 81623 RE DEVELOPMENT CORP 21 COUNTY ROAD 216 GLENWOOD SPRINGS CO 81601 ROARING FORK TRANSPORTATION AUTHORITY 530 E MAIN STREET ASPEN CO 81611 CHOICE VENTURES, LLC 8626 COUNTY ROAD 301 PARACHUTE CO 81635 MSLHS PROPERTIES LLC 46095 HIGHWAY 6 & 24 GLENWOOD SPRINGS CO 81601 REINKE, HENRY S 1400 SHELDON DRIVE ELGIN IL 60120 H LAZY F, LLC PO BOX 185 CARBONDALE CO 81623 RUDD LIMITED LIABILITY COMPANY 132 PARK AVE BASALT CO 81621 BARNETT-FYRWALD HOLDINGS, INC., C/O ROBIN FERGUSON 2222 COTTONDALE LN STE 200 LITTLE ROCK AR 72202-2017 REYNOLDS, WILLIAM W & SHEPHERD, JOAN E 1375 WALNUT STREET #10 BOULDER CO 80302 STEELE, W E & V M FAMILY LLLP PO BOX 1507 GLENWOOD SPRINGS CO 81602-1507 RUDD LIMITED LIABILITY COMPANY 132 PARK AVE BASALT CO 81621 HERRING FAMILY PARTNERSHIP, LLLP 31825 HIGHWAY 6 SILT CO 81652 B P INVESTMENTS, LLC 855 ROSE LANE CARBONDALE CO 81623 K & L LLC 108 CROWN MOUNTAIN DRIVE BASALT CO 81621 GLENWOOD REAL ESTATE INVESTMENT, LLC PO BOX 2607 GRAND JUNCTION CO 81502 JSWLAW REI LLC 7094 HWY 82 CARBONDALE CO 81623 M&M ENTERPRISES, LLC 133 MARAND RD GLENWOOD SPRINGS CO 81601-9325 MANSFIELD, LINDA L & MICHAEL L P O BOX 2508 GLENWOOD SPRINGS CO 81602 CARBONDALE INVESTMENTS, LLC PO BOX 17330 LITTLE ROCK AR 72222 BUREAU OF LAND MANAGEMENT, C/O COLORADO RIVER VALLEY FIELD OFFICE 2300 RIVER FRONTAGE ROAD SILT CO 81652 REINARZ, BERNADETTE F TRUST 1110 COUNTY ROAD 110 GLENWOOD SPRINGS CO 81601 WAECHTLER, DONALD G & BONNIE F 7916 HIGHWAY 82 GLENWOOD SPRINGS CO 81601-9307 HOWE, JOHN J & HEATHER D 552 COUNTY ROAD 110 GLENWOOD SPRINGS CO 81601 VAN RAND PARK ASSOCIATION, C/O DAVE DODSON PO BOX 248 GLENWOOD SPRINGS CO 81602-0248 BAYMAR HOTELS & PROPERTIES INC 1111 KANE CONCORSE #211 BAY HARBOR ISLANDS FL 33154 VAN RAND PARK ASSOCIATION, C/O DAVE DOBSON PO BOX 248 GLENWOOD SPRINGS CO 81602-0248 Date Printed: 12/23/2014 This map is for illustrative purposes only and does not represent a survey. It is provided 'as is' without warranty or any representation of accuracy, timeliness or completeness. The user acknowledges and accepts all inherent limitations of the maps and data, including the fact that the maps and data are dynamic and in a constant state of revision, maintenance, and correction. No liability is assumed by Garfield County as to the accuracy of the data delineated herein. Garfield County, CO USDA NAIP 0 0.15 0.3mi Page 1 of 1Garfield County, CO | Map Print 12/23/2014http://garfieldco.mygisonline.com/print/?extent=301059.788152685,4368913.99675123,3... View your transaction progress 24/7 via SureClose. Ask us about your login today! Stewart Title - Glenwood Springs - Main 1620 Grand Avenue Glenwood Springs, CO 81601 Date:March 28, 2014 File Number:01330-37872 Buyer:Colorado Division of Transportation Seller:Garfield County Commercial Investments, LLC Property:TBD TBD, Glenwood Springs, CO 81601 Please direct all Closing inquiries to: Mary L Scheurich 1620 Grand Avenue Glenwood Springs, CO 81601 Phone:(970) 945-5434 Fax:(800) 966-1709 Email Address:Mary.Scheurich@Stewart.com SELLER: Garfield County Commercial Investments, LLC Delivery Method: Emailed BUYER: Colorado Division of Transportation Delivery Method: Emailed Listing Agent: Delivery Method: Emailed Selling Agent: Delivery Method: Emailed We Appreciate Your Business and Look Forward to Serving You in the Future. Stewart Title - Glenwood Springs - Main 1620 Grand Avenue Glenwood Springs, CO 81601 (970) 945-5434 Escrow Number: 01330-37872 WIRING INSTRUCTIONS US Bank 535 Westminster Mall Westminster, CA 92683 Beneficiary: STEWART TITLE ACCOUNT #: 153910695052 Routing/Transit #: 123000848 PLEASE REFERENCE: Escrow Number:01330-37872 Escrow Officer:Mary L Scheurich Property Address:TBD TBD Glenwood Springs, CO 81601 Buyer/Borrower:Colorado Division of Transportation "Please be aware Stewart Title cannot accept ACH'S to our Escrow Account" File No.: 01330-37872 Page 1 of 1 ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, a Texas Corporation (“Company”), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: Stewart Title - Glenwood Springs - Main 1620 Grand Avenue Glenwood Springs, CO 81601 (970) 945-5434 Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-37872 004-UN ALTA Commitment (6/17/06) CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to t he Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may hav e or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mo rtgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5.The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties.You may review a copy of the arbitration rules at< http://www.alta.org/>. All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-37872 004-UN ALTA Commitment (6/17/06) COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No.: 01330-37872 1. Effective Date: March 14, 2014 at 8:00 A.M. 2. Policy or Policies to be issued: Amount of Insurance (a) A.L.T.A. Owner's Policy 2006 (Extended)T.B.D. Proposed Insured: Colorado Division of Transportation (b) A.L.T.A. Loan Policy Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the said estate or interest in said land is at the effective date hereof vested in: Garfield County Commercial Investments, LLC, a Texas limited liability company 5. The land referred to in this Commitment is described as follows: See Attached Legal Description Purported Address: TBD TBD Glenwood Springs, CO 81601 STATEMENT OF CHARGES These charges are due and payable before a policy can be issued TBD Rate TBD Fee:$100.00 Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-37872 CO STG ALTA Commitment Sch A STO Page 1 of 2 STEWART TITLE GUARANTY COMPANY SCHEDULE A LEGAL DESCRIPTION EAST PARCEL: A tract of land situated in the southeasterly quarter of Section 1, Township 7 South, Range 89 West, and in Section 7, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: Beginning at a point on the westerly right of way line of Colorado State Highway 82, whence a 2 1/2" Brass Cap, found in place, and correctly marked as the southeast corner of said Section 7, bears S. 63°31'48" E. a distance of 2312.55 feet; thence, along the westerly right of way line of Colorado State Highway 82 N. 06°01'00" W. a distance of 1467.90 feet; thence, N. 08°53'00" W. a distance of 200.30 feet; N. 00°18'30" W. a distance of 201.00 feet; N. 06°01'00" W. a distance of 700.90 feet; N. 08°52'00" W. a distance of 313.00 feet; thence, 346.52 along the arc of a curve to the left having a radius of 1820.00 feet, a central angle of 10°54'32" and subtending a chord bearing of N. 15°58'00" W. a distance of 346.00 feet; thence, N. 11°08'00" W. a distance of 97.90 feet; thence, 250.29 along the arc of a curve to the left, having a radius of 1840.00 feet, a central angle of 7°47'38" and subtending a chord bearing of N. 28°19'00" W. a distance of 250.10 feet; thence, N. 35°14'00" W. a distance of 122.52 feet; thence, N. 89°17'09" W. a distance of 7.98 feet to a point on the easterly line of a parcel of land described in Reception No. 575283; thence along said easterly line S. 35°22'19" E. a distance of 1.46 feet to the southeasterly corner of said parcel; thence along the southerly line of said parcel, N. 89°17'09" W. a distance of 224.24 feet to the southwesterly corner of said parcel; thence, N. 00°00'00" W. a distance of 0.68 feet; thence, N. 89°30'08" N. a distance of 0.71 feet; thence, N. 00°20'09" E. a distance of 0.49 feet to the southeasterly corner of a parcel of land described in Reception No. 603760; thence along the southerly line of said parcel the following three courses: 1) N. 89°44'57" W. a distance of 0.99 feet; 2) N. 30°31'43" W. a distance of 65.06 feet; 3) N. 86°47'11" W. a distance of 65.63 feet to the southwesterly corner of said parcel; thence, N. 86°47'11" W. a distance of 52.73 feet; thence, N. 89°36'12" W. a distance of 292.61 feet; thence, N. 89°43'30" W. a distance of 100.90 feet to a point on the easterly right of way line of the Roaring Fork Transit Authority Transportation Corridor Easement; thence, along said easterly right of way line S. 19°38'52" E. a distance of 3829.47 feet; thence, 79.82 along the arc of a curve to the right having a radius of 2915.00 feet, a central angle of 1°34'08" and subtending a chord bearing of S. 18°51''48" E. a distance of 79.82 feet; thence, departing said easterly right of way line N. 89°59'59" E. a distance of 73.94 feet to a point of the westerly right of way line of Colorado State Highway 82, also being the point of beginning. County of Garfield, State of Colorado Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-37872 CO STG ALTA Commitment Sch A STO Page 2 of 2 STEWART TITLE GUARANTY COMPANY File No.: 01330-37872 The following are the requirements to be complied with: 1. 2. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. 4. 5. 6. 7. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment. THE FOLLOWING REQUIREMENT IS FOR DELETION OF SURVEY EXCEPTIONS 2 AND 3 OF THE OWNERS POLICY: A SURVEY, meeting the minimum detail standards of the ALTA/ACSM, Survey OR IMPROVEMENT LOCATION CERTIFICATE, prepared by a registered Colorado surveyor, within the last TWO MONTHS, must be presented to Stewart Title Guaranty Company, for its approval prior to the deletion of any survey exceptions from the OWNERS POLICY. Stewart Title Guaranty reserves the right to take exception to any adverse matters as shown on said survey, or make further inquiry or requirements relative thereto. Said Survey, must be certified to Stewart Title of Colorado and/or Stewart Title Guaranty Company. Relating to Garfield County Commercial Investments, LLC, The Company requires for its review the following: a) Copy of the “Articles of Organization,” the Operating Agreement and the regulations of the limited liability company and any amendments thereof b) A certificate of good standing, evidencing that the company is in good standing in the state of its formation c) Execution of Statement of Authority pursuant to the provisions of Section 38-30-172 C.R.S. Note: At the time the Company is furnished these items, the Company may make additional requirements or exceptions. Deed from vested owner(s) vesting fee simple title in the purchaser(s). NOTE: Notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38-35-109 (2). NOTE: The vesting deed is shown as follows: Warranty Deed recorded June 22, 2011 as Reception No. 804202, and Re-recorded June 22, 2011 as Reception No. 804202. NOTE: THIS IS A PRELIMINARY SEARCH COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-37872 CO STG ALTA Commitment Sch B I Page 1 of 1 STEWART TITLE GUARANTY COMPANY File No.: 01330-37872 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. 2. 3. 4. 5. 6. 7. Rights or claims of parties in possession, not shown by the public records. Easements, or claims of easements, not shown by the public records. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. Water rights, claims or title to water. 8. 9. 10. 11. 12. 13. Any and all unpaid taxes and assessments and any unredeemed tax sales. The effect of inclusion in any general or specific water conservancy, fire protection, soil conservation or other district or homeowners association or inclusion in any water service or street improvement area. Reservations or exceptions contained in United States Patents, Acts authorizing the issuance thereof, recorded November 17, 1893 in Book 12 at Page 255 as Reception No. 16539, recorded June 24, 1893 in Book 12 at Page 235 as Reception No. 16010, recorded December 4, 1894 in Book 12 at Page 339 as Reception No. 11720, recorded January 15, 1896 in Book 12 at Page 394 as Reception No. 19002 and recorded January 24, 1906 in Book 56 at Page 534 as Reception No. 31514; reserving 1) Rights of the proprietor of a vein or lode to extract and remove his ore therefrom and 2) rights of way for ditches and canals constructed by the authority of the United States. Right of way granted unto the Mountain States Telephone and Telegraph Company as set forth in instruments recorded July 31, 1931 in Book 164 at Page 153 as Reception No. 110551 and in Book 164 at Page 154 as Reception No. 110552. Right of way granted to the Glenwood Springs Irrigation Company as set forth in instruments recorded June 17, 1901 in Book 44 at Page 457 as Reception No. 23960 and recorded August 27, 1945 in Book 217 at Page 150 as Reception No. 154800. Right of way granted unto Holy Cross Electric Association, Inc. as set forth in instrument recorded November 22, 1966 in Book 380 at Page 234 as Reception No. 236424. COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-37872 CO STG ALTA Commitment Sch B II STO Page 1 of 3 STEWART TITLE GUARANTY COMPANY 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. Oil, Gas and other minerals reservations as set forth in instrument recorded December 17, 1964 in Book 362 at Page 445 as Reception No. 228037. Agreement recorded August 19, 1994 in Book 912 at Page 970 as Reception No. 467450. Easements and Rights of Way as set forth in License Grant recorded August 2, 1999 in Book 1142 at Page 979 as Reception No. 549752 and Amendment recorded November 15, 2000 in Book 1217 at Page 601 as Reception No. 572247 . Oil and Gas reservations as set forth in instrument recorded June 12, 1951 in Book 258 at Page 594 as Reception No. 176326. Easements and Rights of Way as set forth in Easement Grant recorded August 2, 1999 in Book 1142 at Page 963 as Reception No. 549751; and Amended to Easement recorded November 15, 2000 in Book 1217 at Page 588 as Reception No. 572244. Easements and Rights of Way as set forth in License Grant recorded August 2, 1999 in Book 1142 at Page 993 as Reception No. 549753 and Amendment recorded November 15, 2000 in Book 1217 at Page 596 as Reception No. 572246. Easements and Rights of Way as set forth in Grant of Easement, Open Space Easement recorded August 2, 1999 in Book 1143 at Page 1 as Reception No. 549754; and Amendment to Grant of Easement, Open Space Easement recorded November 15, 2000 in Book 1217 at Page 593 as Reception No. 572245. Grant of Irrevocable License and Fiber Optic and Communications Protection Agreement as set forth in instrument recorded December 15, 1999 in Book 1164 at Page 818 as Reception No. 556678. Grant of Conservation Easement as set forth in instrument recorded February 7, 2000 in Book 1171 at Page 929 as Reception No. 559036 and matters shown on Overall Conservation Easement Plat recorded December 24, 2008 as Reception No. 760571. Easement Agreement as set forth in instrument recorded November 15, 2000 in Book 1217 at Page 610 as Reception No. 572249. Assess Agreement recorded April 20, 2001 in Book 1247 at Page 61 as Reception No. 579635. Ditch Relocation, Operation and Maintenance Agreement as set forth in instrument recorded October 3, 2001 in Book 1292 at Page 61 as Reception No. 589535, First Supplement and Amendment recorded January 26, 2011 as Reception No. 798017. Board of County Commissioners of Garfield County, Resolution No. 2008-112 as set forth in instrument recorded October 7, 2008 as Reception No. 756914. Grant of Easement Agreement as set forth in instrument recorded December 22, 2009 as Reception No. 760451. Easement Grant recorded January 26, 2011 as Reception No. 798016. Roaring Fork Water and Sanitation District, Pre-Inclusion Agreement recorded July 25, 2012 as Reception No. 821791. Memorandum of Understanding Regarding the Intersection of State Highway 82 at the Junction of County Road 110 and County Road 113 recorded October 2, 2012 as Reception No. 824971. COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-37872 CO STG ALTA Commitment Sch B II STO Page 2 of 3 STEWART TITLE GUARANTY COMPANY NOTE: This product is for informational purpose only. It is not a title insurance product and does not provide any form of coverage. This product is not a guarantee or assurance and does not warrant, or otherwise insure any condition, fact or circumstance. This product does not obligate this Company to issue any policies of title insurance for any subsequent transaction based on the information provided or involving the described herein. This Company’s sole liability for any error(s) relating to this product is limited to the amount this was paid for this product. NOTE: Exceptions 1 and 4 may be deleted from the policies, provided the seller and buyer execute the Company's affidavits, as required herein, and the Company approves such deletions. If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), and the Company has not reviewed and approved lien waivers and indemnitor financials, Standard Exception 4 (mechanic lien exception) will not be deleted and no mechanic lien coverage will be furnished. Exceptions 2 and 3 may be deleted from the policies, provided the Company receives and approves the survey or survey affidavit if required herein. Exception 5 will not appear on the policies, provided the Company, or its authorized agent, conducts the closing of the proposed transaction and is responsible for the recordation of the documents. COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-37872 CO STG ALTA Commitment Sch B II STO Page 3 of 3 STEWART TITLE GUARANTY COMPANY DISCLOSURES File No.: 01330-37872 Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. B. C. THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER’S AUTHORIZED AGENT; INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) requires that “Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed.” Provided that Stewart Title - Glenwood Springs - Main conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner’s Title Policy and the Lender’s Title Policy when issued. Note: Affirmative Mechanic’s Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner’s Policy to be issued) upon compliance with the following conditions: A. B. C. D. E. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic’s and Materialmen’s Liens. The Company must receive payment of the appropriate premium. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: a. b. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and That such mineral estate may include the right to enter and use the property without the surface owner’s permission. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. File No.: 01330-37872 CO Commitment Disclosure STG Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information.Do we share Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. Yes No For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and non-financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company Yes No For our affiliates' everyday business purposes— information about your creditworthiness.No We don't share For our affiliates to market to you — For your convenience, Stewart has developed a means for you to opt out from its affiliates marketing even though such mechanism is not legally required. Yes Yes, send your first and last name, the email address used in your transaction, your Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non-affiliates to market to you. Non-affiliates are companies not related by common ownership or control. They can be financial and non-financial companies. No We don't share We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. If you request a transaction with a non-affiliate, such as a third party insurance company, we will disclose your personal information to that non-affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES How often do the Stewart Title Companies notify me about their practices? We must notify you about our sharing practices when you request a transaction. How do the Stewart Title Companies protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my personal information? We collect your personal information, for example, when you ß ß request insurance-related services provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit?Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No.: 01330-37872 Page 1 Revised 11-19-2013 PAYMENT AGREEMENT FORM GARFIELD COUNTY (“COUNTY”) and Property Owner (“APPLICANT”) ______ ____ ______________________________________________________________________ agree as follows: 1. The Applicant has submitted to the County an application for the following Project: __________________. 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person:_____________________________________ Phone: (_____)___________________ Billing Contact Address: ___________________________________________________________________ City: ______________________________________________ State: _______ Zip Code: ________________ Billing Contact Email: _____________________________________________________________________ Printed Name of Person Authorized to Sign: ___________________________________________________ ______ ________________________________ (Signature) (Date)