Loading...
HomeMy WebLinkAbout1.0 Application February 6, 2018 Glenn Hartmann Garfield County Community Development Senior Planner Via: Email Re: Land use application: Amended Plat, Lot 3 Fyrwald Exemption Dear Glenn, Thank you for your assistance in processing the pending application to amend the drainage easement and associated Final Plat for Lot 3 of the Fyrwald Exemption. This plat amendment will represent the 3rd amendment of the Plat for the property referenced. The Second Amendment to the Plat for Lot 3 notes a one half interest in any and all oil, gas and other minerals on or under the subject property. The title commitment reflects the same interest in the Schedule B exceptions. On February 6, 2018, I visited the Garfield County Clerk’s office to research any changes to this interest. County records clearly track the transfer of the property from Josephine Coryell to Lloyd Colton, to a Trust bearing the same name to the final owner who Habitat purchased the property from- Aspen Sports. The Records also clearly state that the conveyance of the property, which appears to consistently be described per the Lot 3 legal description, excludes this ½ interest in the underlying mineral rights. There are no further conveyances available in the County records which are granted by Josephine Coryell, the owner listed on the Plat to any other ownership interest. The warranty deed conveying the property to Mr. Colton does not contain any address information for Josephine Coryell, nor are there any other records in the Clerk’s system which carry the same name. As such, contact information does not appear to be available for Josephine Coryell to notice them or their heirs of this proposed amendment. The Amendment is tied to increasing the land area for a drainage easement which existed previously on the property. The improvements including additional excavation to enlarge an existing drainage detention basin. There were no permanent structures installed as part of these improvements. As such, it does not appear to the applicant that this change in easement area will negatively impact the Coryell’s interest in the underlying minerals. As such, and based on the lack of any information related to a transfer of the interest or contact information, we respectfully request the amendment be processed as submitted with this letter included as additional information. There are two other seemingly more general interests in a “Vein or Lode” noted on the Second Amended Plat. It appeared, though the records of the specific property were not entirely legible, that one such interest did change hands from Andrew Thorsen to William Lever on 11/12/1896. Subsequent searches to review whether Mr. Lever’s interest was ever conveyed were not clear as to the property referenced so the applicant cannot confirm the property is the same as this land use application. There are no recorded changes to this exception noted in the title report that the applicant can locate between the second amended plat (December 2015 and now). I trust this information will be sufficient to continue the amended plat application through the County Review process. If not, please feel free to reach out by phone or email. Thank you for your review and consideration. Dana Dalla Betta Construction Manager Habitat for Humanity Roaring Fork Valley January 16, 2018 Garfield County Community Development Glenn Hartmann, Senior Planner Via: Hand deliver Re: ReStore Property, Fyrwald Exemption, Lot 3 amended Plat application Building Permit #BLCO-03-17-4605 Dear Glenn, Please find enclosed 3 copies of the land use application to amend the plat at the above referenced property. An electronic copy will be provided by 1/17/18. Thank you for your assistance. Sincerely, Dana Dalla Betta Construction Manager- Habitat for Humanity of the RFV Habitat for Humanity of the Roaring Fork Valley Land Use Application: Amended Plat Lot 3 of the Fyrwald Exemption Parcel ID: 2393 072 06 003 Application Summary: The enclosed application materials fulfill the requirements of an Amended Plat Land Use Application for submittal to Garfield County. The subject property- Lot 3, Fyrwald Exemption- is located within the Glendale Business Center, a small 4-lot subdivision (zoned Commercial General) directly accessed from Colorado State Highway 82, just southeast of CO Rd. 154. The subdivision is currently under control of two land owners- Habitat for Humanity, the Applicant for this Amended Plat, owns Lots 3 and 4. A separate ownership group controls Lots 1 and 2. When the development was originally approved within Garfield County, a storm water management plan for the subdivision was approved as well. The engineered design for storm water included drainage plan directing excess storm water to a detention basin located on Lot 3. In late 2017, Habitat for Humanity completed development on the adjacent Lot 4. The development included a new retail facility and large paved parking lot to serve the new building. Drainage from the new developed land area was directed to the existing detention basin on Lot 3 via piped culverts and ditches. Due to the loss in permeable surface on Lot 4, additional run off was anticipated to be diverted to the detention basin on Lot 3. As such, the civil design called for expanding the size of the existing detention basin to account for the potential increase in flow. The enclosed application materials include a draft amended plat which reflect surveyed information detailing the ditch to the detention basin and the expanded land area of the detention basin. The revised field conditions are consistent with the original approvals, and have no impact to adjacent properties. Applicable Code: Section 4-202 provides criteria by which an applicant can request a waiver of submission requirements. Table 5-401 of the Garfield County Land Use and Development Code requires an Improvements agreement as part of an application for an amended plat. The revisions to the property which necessitate the amended plat are entirely contained within the property, to the sole benefit of the Glendale Business Center. The revisions to the property contain no public improvements and as such, no Improvement Agreement is necessary. Section 4-118 allows an Applicant to request a waiver of standards when applicable, based on the following criteria 1. It achieves the intent of the subject standard to the same or better degree than the subject standard; and 2. It imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this Code. This application and the amended conditions on Lot 3, generally comply with the provisions and requirements of Article 7 of the Garfield County Land Use Code. The work completed and reflected on the amended plat is consistent with the original plans and approvals for the subdivision. There are no adverse or greater impacts to adjacent property than would occur through compliance with the specific code. The modified drainage easement has no impact or bearing on the following: - utilities which serve the property or the existing easements in place for those utilities - Access to the parcel or any other property in the subdivision - Drainage or erosion- had this work not taken place, the property would have potentially directed storm drainage off property owned by Habitat which is not acceptable per Article 7. The property remains undeveloped outside of this detention basin. As such, the provisions of Article 7, Divisions 3 and 4 do not apply in this case. Additional relevant information: Habitat for Humanity of the Roaring Fork Valley Inc is a registered non-profit entity with a religious affiliation. As such, the affiliate has applied for an exemption to property taxes for this parcel. The application has been accepted by Garfield County, and is currently under review by the State of Colorado. While this application is pending, Habitat is not considered in default for the non-payment of property taxes for this parcel. At this time, the draft amended plat reflects the standard signature block for the certificate of taxes paid. Please notify us if this signature block should be modified to reflect this pending status. Application Materials: Enclosed please find the following: 1. Applicable application fees ($100) 2. Signed payment agreement 3. Completed and signed Land Use Change Permit Application Form 4. Letter of Authorization allowing Dana Dalla Betta to act on behalf of Habitat 5. Vicinity Map detailing approximately a 3 mile radius around the subject property 6. Adjacent Property Owner Address information 7. Title commitment for the property, dated 12/6/2017 8. Pre Application summary dated 1/9/2018 9. Restrictive Covenants for the Glendale Business Center, including 1 st amendment 10. Letter of Authorization from Owners Association 11. Second Amended Fyrwald Exemption Plat for Reference 12. DRAFT- Third Amended Fyrwald Exemption Plat Scanned by CamScanner Scanned by CamScanner December 14, 2017 Garfield County Community Development Glenn Hartmann, Senior Planner 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: ReStore Property, Amended Plat, Fyrwald Exemption, Lot 3 Dear Glenn, Please accept this letter as authorization for Dana Dalla Betta to act on behalf of Habitat for Humanity of the Roaring Fork Valley in the submittal and processing of the Amended Plat application for Lot 3 of the Fyrwald Exemption. Thank you, Scott Gilbert President 7025 Highway 82, Box 2 Glenwood Springs, CO 81601 www.HabitatRoaringFork.org President – Scott Gilbert Co-Exec. Dtr. - Kristen Wilmes Board of Directors Tom Kenning-Chairman John Blair- Vice Chairman Mogli Cooper- Secretary Doug Williams- Exec Comm. Steve Zeder- Treasurer Adrian Ayala Ian Bays Yale Gieszl Eric Gross Mak Keeling Scott McHale Carolyn Meadowcroft Andy Mueller Eric Musselman Briston Peterson Mark Scruton Pillars ($1,000 or more annually) Alpine Bank Anschutz Foundation Aspen Skiing Company Bank of Colorado Bighorn Toyota Boogie’s Diner Foundation Community Banks of Colorado First Bank Lowe’s Olde Towne Moving & Storage ProBuild Slater Family Foundation Sunsense Solar Timbers Company Walmart Wells Fargo Bank Whitsitt & Gross Ted & Annatje Borchelt Jim & Connie Calaway Jon & Lucie Fitch Ernie & Lacy Fyrwald Yale & Elvie Gieszl Scott & Jeanette Gilbert Richard & Holly Glasier Peter & Barbara Guy Juliane Heyman Kimberly Holland Brian & Kathy Johnson Richard & Marianne Kipper Milton & Areta McKenzie Don Schuster Jim Noyes & Laurie Solomon Briston Peterson Kristen & Will Price Eric & Stacey Schmela Bill & Ajka Wallace Kristen & Thate Wilmes Bob Young !. Map by:Date: Lot 3 Fyrwald Exemption Garfield County, Colorado Projection: 1Data Sources: The information displayed above is intended for general planning purposes. Refer to legal documentation/data sources for descriptions/locations. RKK I:\2016\2016-115-HabitatRestore\001-Civil MEP\H-Dwgs\GIS\MXDs\Lot3FrywaldEx.mxd ®12/12/2017 Lambert Conformal Conic !.Lot 3 Fyrwald Exemption Garfield County Parcels 3 Mile Radius 2016-115.001 NAD_1983 StatePlane_Colorado_Central_FIPS_0502_Ft_US ESRI, Garfield County, SGM Job No. Page: Coordinate System: File: 0 0.25 0.5Miles Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 239307200001 7215 82 HWY GLENWOOD SPRINGS GARFIELD COUNTY COMMERCIAL INVESTMENTS LLC R111280 PO BOX 17330 LITTLE ROCK, AR 72222 239307200031 Not available GLENWOOD SPRINGS GARFIELD COUNTY COMMERCIAL INVESTMENTS LLC R082856 PO BOX 17330 LITTLE ROCK, AR 72222 239307206003 Not available GLENWOOD SPRINGS HABITAT FOR HUMANITY ROARING FORK VALLEY R083560 7025 HWY 82 BOX 2 GLENWOOD SPRINGS, CO 81601 239307206004 53 CALAWAY CT GLENWOOD SPRINGS HABITAT FOR HUMANITY ROARING FORK VALLEY R083561 7025 HWY 82 BOX 2 GLENWOOD SPRINGS, CO 81601 239328300024 RAILROAD R.O.W. GLENWOOD SPRINGS ROARING FORK TRANSPORTATION AUTHORITY R112102 530 E MAIN STREET ASPEN, CO 81611 239501400082 5451 154 COUNTY RD GLENWOOD SPRINGS K & L LLC R111266 108 CROWN MOUNTAIN DRIVE BASALT, CO 81621 239501400161 Not available GLENWOOD SPRINGS GARFIELD COUNTY COMMERCIAL INVESTMENTS LLC R082859 PO BOX 17330 LITTLE ROCK, AR 72222 239501406001 7025 82 HWY GLENWOOD SPRINGS BARNETT-FYRWALD HOLDINGS, INC R083558 415 E HYMAN AVENUE ASPEN, CO 81611 239501406002 Not available GLENWOOD SPRINGS BARNETT-FYRWALD HOLDINGS, INC R083559 2222 COTTONDALE LN STE 200 LITTLE ROCK, AR 72202-2017 Commonwealth Title Company of Garfield County, Inc. 127 E. 5th Street Rifle, CO 81650 Phone (970) 625-3300 / Fax (970) 625-3305 1322 Grand Avenue Glenwood Springs, CO 81601 Phone (970) 945-4444 / Fax (970) 945-4449 Date: December 6, 2017 File No. 1712015 Property Address. , Glenwood Springs Buyer Habitat for Humanity Roaring Fork Valley, Inc. who took title as Habitat for Humanity Roaring Fork Valley Seller Habitat for Humanity Roaring Fork Valley, Inc. who took title as Habitat for Humanity Roaring Fork Valley Closing Contacts Glenwood Springs office - 970-945-4444 Linda Gabossi - linda@cwtrifle.com Connie Rose Robertson - connie@cwtrifle.com Jessica Reed - jessica@cwtrifle.com Rifle office - 970-625-3300 Denna Conwell - denna@cwtrifle.com Patti Reich - patti@cwtrifle.com COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 1712015 1. Effective Date: November 30, 2017 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) TBD Proposed Insured: Habitat for Humanity Roaring Fork Valley, Inc. who took title as Habitat for Humanity Roaring Fork Valley (b) ALTA LOAN POLICY (ALTA 6-17-06) Proposed Insured: 3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and is at the effective date hereof vested in: Habitat for Humanity Roaring Fork Valley, Inc. who took title as Habitat for Humanity Roaring Fork Valley 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: Lots 3 and 4 Second Amended Fyrwald Exemption Plat According to the plat thereof recorded January 5, 2016 as Reception No. 872140 TITLE CHARGES Informational Commitment Charge $250.00 COUNTERSIGNED: ___________________Patrick P. Burwell_____________________________ Authorized Officer or Agent Valid Only if Schedule B and Cover Are Attached American Land Title Association Issuing Agent: Schedule A Commonwealth Title Company of Garfield County, Inc. (Rev'd 6-06) 127 East 5th Street Rifle, CO 81650 File No. 1712015 SCHEDULE B - SECTION 1 The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located. 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. This is an informational only commitment and no policy will be issued hereunder. NM 6 American Land Title Association Commitment Schedule B - Section 1 - Form 1004-5 DISCLOSURES Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph F provides: "Whenever a title entity provides the closing and settlement service that is in conjunction with the issuance of an owner's policy of title insurance, it shall update the title commitment from the date of issuance to be as reasonably close to the time of closing as permitted by the real estate records. Such update shall include all impairments of record at the time of closing or as close thereto as permitted by the real estate records. The title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title commitment, for all undisclosed matters that appear of record prior to the time of closing." Provided Commonwealth Title Insurance Company of Garfield County, Inc. 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 Lenders Policy when issued. This Notice is required by Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph G. Pursuant to Colorado Division of Insurance Regulation 8-1-2, notice is hereby given that affirmative mechanic's lien protection for the prospective insured owner may be available upon compliance with the following conditions: A. The land described in Schedule A of this Commitment must be a single family residence, which includes a condominium or townhouse unit. B. No labor or materials may have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive appropriate affidavits indemnifying the Company against all unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A through C above is subject to such additional requirements or information as the Company may deem necessary; or, at its option, the Company may refuse to delete the exception. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph M. Pursuant to Colorado Division of Insurance Regulation 8-1-3, notice is hereby given of the availability of a Closing Protection Letter which may, upon request, be provided to certain parties to the transaction. Pursuant to C.R.S. §10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district; B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent; C) The 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; and D) The company will not issue its policy of policies of title insurance contemplated by the commitment until it has been provided a Certificate of Taxes due from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right, and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform. Pursuant to C.R.S. §10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. If the transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. §39-22-604.5 (Nonresident withholding). Pursuant to C.R.S. §38-35-125(2), no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph J. "Good Funds Law" C.R.S. §39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee and Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the same as the property address) be included on the face of the deed to be recorded. File No. 1712015 SCHEDULE B - SECTION 2 Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the company: 1. Rights or claims of parties in possession not shown by the Public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded August 28, 1894 in Book 32 at Page 25. (view) 10. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded May 17, 1897 in Book 12 at Page 460. (view) 11. Easement and right of way for ditch being 25 feet in width as granted to the Glenwood Irrigation Company by document recorded June 17, 1901 in Book 44 at Page 457. (view) 12. Undivided one-half interest in any and all oil, gas and other minerals on or under the subject property, together with the right to prospect for, mine and remove the same as reserved by Josephine Coryell in the Deed to Lloyd N. Colton recorded December 28, 1965 in Book 372 at Page 175, and any and all interests therein or assignments thereof. (view) 13. Easement and right of way for a twelve inch corrugated pipe line as set forth in Deed recorded July 18, 1940 in Book 199 at Page 255. (view) 14. Easement and right of way for a twelve inch corrugated pipe line as set forth in Deed recorded January 13, 1960 in Book 322 at Page 533. (view) 15. Terms, conditions, restrictions, reservations, provisions and obligations of License Agreement by and between Rocky Mountain Natural Gas Company, Inc. and Mountain States Telephone and Telegraph company recorded July 5, 1972 in Book 432 at Page 536. (view) 16. Encroachment of buildings and mobile home onto railroad right of way, encroachment of fence and possessory rights outside of fence an all matters as shown on Survey prepared by High Country Engineering, Inc. as File No. 95619.01, dated March 6, 1995 as evidenced by Warranty Deed recorded April 4, 1995 in Book 936 at Page 75. (view) 17. Easements, rights of way and all matters set forth and shown on the Amended Fyrwald Exemption Plat recorded June 26, 1999 as Reception No. 547543. (view) (continued) File No. 1712015 SCHEDULE B - SECTION 2 18. Encroachment of buildings and mobile home onto railroad right of way, apparent easement for utility lines, easements, possessory rights outside of fences, encroachment and all matters shown on the Amended Fyrwald Exemption Plat recorded June 26, 1999 as Reception No. 547543. (view) 19. Terms, conditions and all matters set forth in Trench, Conduit and Vault Agreement recorded May 19, 2000 in Book 1188 at Page 335. (view) 20. Terms, conditions, rights, obligations, restrictions and all matters set forth in Agreement recorded May 20, 2002 in Book 1356 at Page 375. (view) 21. Covenants, conditions, restrictions, obligations and all matters set forth in Amended Declaration recorded May 14, 2008 as Reception No. 748523. (view) As Amended in First Amendment recorded September 14, 2016 at Reception No. 882351. 22. All water and water rights, ditch and ditch rights, well and well rights, reservoirs and reservoir rights, and non-tributary water rights, including all wells, pumps, casings, headgates, pipelines, facilities, easements and rights-of-way appurtenant thereto, and which are used upon, are benefiting or are appurtenant to the subject parcel conveyed to Glendale Business Center Property Owners Association in Quit Claim Deed recorded March 31, 2007 as Reception No. 718916. (view) 23. Each and every right of access to Highway 82, except the specific access as provided by Colorado Department Of Transportation State Highway Access Permit Number 315022 recorded August 2, 2016 at Reception No. 880541. 24. Apparent easement for overhead utilities, any loss, claim or damage due to the location of fence and all matters show on Improvement Survey prepared by High Country Engineering, Inc. dated July 24, 2007, File 1729-00. 25. Easements, rights of way and all matters shown on the Second Amended Fyrwald Exemption Plat recorded January 5, 2016 as Reception No. 872140. 26. Terms, conditions, and all matters set forth in Colorado Department Of Transportation State Highway Access Permit recorded August 2, 2016 at Reception No. 880541. 27. Easement and right of way granted to Holy Cross Energy in instrument recorded March 8, 2017 at Reception No. 889897. 28. Deed of Trust from Habitat for Humanity Roaring Fork Valley, Inc. who took title as Habitat for Humanity Roaring Fork Valley to the Public Trustee of Garfield County for the use of Alpine Bank, showing an original amount of $6,910,000.00, dated November 29, 2016 and recorded December 5, 2016 as Reception No.886140. (view) NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN THE POLICY TO BE ISSUED HEREUNDER. The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B - Section 2, the following items: (1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales. NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. American Land Title Association Commitment Schedule B - Section 2 Form 1004-12 COMMONWEALTH TITLE COMPANY PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: •Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means. •Information about your transactions with us, our affiliated companies, or others; and •Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Gørfield County PRE-APPLICATION CONFERENCE SUMMARYCommunity Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (e70)e4s-82r2 www. garfield-countv.com TAX PARCEL NUMBER: 2393-072-06-003 DATE: 119118 PROJECT: Amended Plat Lot 3, Frywald Exemption OWNER: Habitat for Humanities REPRESENTATIVE: Dana Dalla Betta PRACTICAL LOCATION: 53 Calaway Ct., Glenwood Springs, CO 81601 TYPE OF APPLICATION: Amended Final Plat ZONING: Commercial General I. GENERAL PROJECT DESCRIPTION The Applicant has identified the need to amend the plat related to Lot 3, to increase the size of a common detention basin and and related easements on Lot 3. The detention basin serves other lots within the subdivision exemption. Other drainage easements across Lot 3 may also need to be revised. No other changes to the plat are proposed and there is no specific development proposals associated with the amendment. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The following Sections of the Garfield Land Use and Development Code as amended apply to the proposed ApPlication: Final Plat Procedures III. SUBMITTAL REQUIREMENTS As a convenience outlined below is a list of information typically required for this type of application: Fees and signed Payment Agreement Form. holders. Authority is needed to document the authority of the signatory in regard to the Application and any authorization to represent. property. Mapping showing the ownership is recommended. then an authorization letter is needed. said easements. All easements should be shown on the plat and alf required certificates (signature blocks) shall be included on the plat. improvements on the property an improvement location survey shall be required to confirm that the revision to easements will not conflict with existing improvements. should include that area within approximately 3 miles of the proposal and be on an 8Tz" x 1 1 " format to allow attachment to the public notice. Agreement. Reference to the waiver criteria in Section 4-118 should be included. 1,2,3, and 4. The Application should include at a minimum representations that the amendment is consistent with the approved Subdivision Exemption in regard to drainage, access, and utility services, and consistent with any other applicable Subdivision and Article 7 standards/topics. should be provided. relief from property taxes and any implications associated with obtaíning signatures on the Certificate of Taxes Paid on the Amended Plat. IV. REVIEW PROCESS The review process shall following the steps contained in Table 5-103 and Section 4-103 for an Amended Final Plat and Administrative Review summarized as follows: copy needs to use a PDF format. ft. and mineral rights owners on the subject property. plat as a consent agenda item and recording the amended plat' Public Hearing(s)X No Public Hearing, Directors Decision (with notice per code) _ Planning Commission _Board of County Commissioners _ Board of Adjustment Referral Agencies May include but is not limited to: Garfield County Surveyor, Garfield County Attorney, Garfield County Building Department, any applicable Owners Association V. APPLICATION REVIEW FEES Planning Review Fees Referral Agency Fees: Total Deposit: $1 00 $na $100 (additional hours are billed at hourly rate of $40.50) VI. GENERALAPPLICATIONPROCESSING The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal. Pre-application Summarv Prepared bv: ft/L ,fal,{ Glenn Hartmann, Principal Planner Date GarJield County Amended Final Plat Revlew Process (Sectíon 5-305) (, IJ ÉL EoI .9 o Elt :L Êo E ñl ->0, o exo CL .Applicant has 6 months to submit ôpplication .1O business days to review rlf incomplete, 60 days to remedy deficiencíes .Mailed to adjacent property owners within 200 feet and mineral owners at least 15 days prior to decision date .21 day comment period rCall-up Period - within 10 days of Director's Decision rFinal Plat must be signed by the B@C and be recorded within 10 business days of approval. Step 1: Pre-applicatlon Conference Step 2: Application Submittal Step 3: Completeness RevÍew Step 4l Schedule Decísion Date and Provide Notice Step 5: Referral Step 6: Evalution bY Director Step 7: Director's Decísion El FAMER FAME Ell e o oce RFIELDCOUNTYC0 RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: RonaldGarfield Garfield&Hecht,P.C. 625 EastHyman Ave,Ste.201 Aspen,CO 81611 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY FIRST AMENDMENT TO AMENDED AND RESTATED DECLARATION OF PROTECTIVE COVENANTS,CONDITIONS AND RESTRICTIONS FOR GLENDALE BUISNESS CENTER PROPERTY OWNERS ASSOCIATION This FirstAmendment To Amended And RestatedDeclarationOf ProtectiveCovenants,ConditionsAnd RestrictionsFor GlendaleBusinessCenterPropertyOwners Association("FirstAmendment")is dated September la 2016,and ismade betweenBarnett-FyrwaldHoldingsInc.,a Coloradocorporationand Habitat forHumanityof theRoaringForkValleyInc.,a Coloradonon-profitcorporation("Babitat"). RECITALS A.Habitatand BamettaretheownersofallthelotsthatconstitutetheSecondAmended FyrwaldExemption PlataccordingtotheplatthereofrecordedJanuary5,2016 asReceptionNo.87214R0,a Common Interest Community known astheGlendaleBusinessCenter(the"Subdivision"). B.Barnett-FyrwaldHoldingsInc.isalsotheDeclarantunderthe Amended and RestatedDeclarationof ProtectiveCovenants,Conditionsand Restrictionsforthe GlendaleBusinessCenter(the"Restated Covenants")recordedMay 14,2008 asReceptionNo.748523. C.The partieshaveagreedtoamend theRestatedCovenantsasmore fullysetforthbelow. WITNESSTH 1.The partiesagreethatArticleV Paragraph14,Non-Compete isdeletedandremovedfrom the RestatedCovenants.InallotherrespectstheRestatedCovenantsremaininfullforceand effect. 2.BamettiscurrentlythelienholderonthelotsintheSubdivisionowned by Habitat.Barnettby its signaturebelowand initscapacityaslienholderherebyconsentstotheFristAmendment. 3.ArticleIX,Paragraph3 Amendment of CovenantsoftheRestatedCovenantsrequirestheconsentof GarfieldCountytoanyamendment.Evidenceofsuchconsentisfoundina letterfromGarfield Countyattachedhereto. [SIGNATURES AND NOTARY BLOCKS ON FOLLOWING PAGE] 1557606v1 ElllEf3MMKMLMfl,EUMM El 3 c Doc e 00 G RFIELPCOUNTYCO IN WITNESS WHEREOF,thepartieshave causedtheircorporatenames to be hereuntosubscribedby its president,vice-president,orotherauthorizedofficer. Habitat:Barneth HabitatforHumanity Barnett-FyrwaldHoldingsInc. oftheRoaringForkValleyInc.a Coloradocorporation a Coloradonon-profitcorporation By:.By: Title:Title:d..r The fore in instrumentwas acknowled d foreme this dayofSeptember,2016,by 6 (name),as 'M J (title)forandon behalfofHabitatofHumanity of theRoaringForkValleyInc.a Coloradonon-profitcorporation.. ALICIACRANDELL Witnessmy handand officialseal.NotaryPublc My commissionexpires:._g o |ota D 199 4024111 NotaryPublic The foregoinginstrumentwas acknowled d beforeme this (a dayofSeptember,2016,by Na.1 4-4f (name),as /ur ,(title)forandon behalfofBarnett-Fyrwald HoldingsInc.a Coloradocorporation. Witnessmy hand and officialseat My commissionexpiresd o NotaryPublic PETRINA DiSALVO NOTARY PUBLIC STATE OF COLORADO NOTARY ID20134021220 MY COMMISSIONEXPlRESAPRIL2,2017 1557606vi BillFsmiMLMLl%INENMClah Ellll o 2e 851EERFI-LDCOUNTYCO TornJankovsky Districti .r.k.M--..c . Garfield Cou ntyDistrict2 Mike Samson,Chair Pro Tern District3 September12,2016 GlendaleBusinessCenterPropertyowners Association 7025 SH 82,Box 2 Glenwood5pdngs,CO B1601 Re:ConsenttoAmend GlendaleBusinessCenterCovenants The Board of CountyCommissionersconsideredthe requestto amend the GlendaleBusinessCenter Covenants,ArticleV.on 14 an the Boardherebyprovidesconsenttotheremovalofthissectionin s entirety. Sin ely, John Ma n,airman GarfielCou BoardofCountyC m Issioners CC:Da DellaBettaviaem Itat.dana all.com 108 8tisStreet,Strite101 Glempood Sprittgs,CO 81601 Ofce:970-945-5004 Fax:970-945-7785 M~ Scanned by CamScanner ì£ì£_......¡£¡£ «¢ðÙ üÞ a p p ©¥i c a t i o n t o m o d i f y t h e e x i s t i n g d r a i n a g e e a s e m e n t s o n L o t 3 o f t h e r e f e r e n c e d S u b d l v l s ©¥o n . p r o p e r t y o w n e s A s s o c i a t ©¥o n p l e a s e a c c e p t t h i s t e u e r a s a u t h o r i z a t i o n t o p r o c e s s t h e p e n d i n g ©¥a n d u s e A s O w n e r s w i t h ©¥n t h e S u b d i v i s i o n , a n d t h e m e m b e r s w h o m a k e u p t h e G ©¥e n d a ©¥e B u s ©¥n e s s C e n t e r G l e n d a ©¥e B u s i n e s s C e n t e r (t h e " S u b d i v i s i o n "). r e c o r d e d J a n u a r y 5 , 2 0 1 6 a s R e c e p t i o n N o . 8 7 2 1 4 R o , a c o m m o n I n t e r e s t C o m m u n ©¥t y k n o w n a s t h e t h e ©¥o t s w h ©¥c h c o n s t i t u t e t h e s e c o n d A m e n d e d F y r w a l d E x e m p t ©¥o n p ©¥a t a c c o r d i n g t o t h e p ©¥a t t h e r e o f H a b i t a t f o r H u m a n i t y o f t h e R o a r ©¥n g F o r k v a l l e y ©¥n c . A n d B a r n e t t -Fy r w a l d H o ©¥d i n g s ©¥n c . A r e t h e o w n e r s o f D e a r G ©¥e n n , A t t n G l e n n H a r t m a n n , p r ©¥n c ©¥p a l p ©¥a n n e r G a r f ©¥e l d C o u n t y C o m m u n i t y D e v e ©¥o p m e n t Ja n u a r y 1 1 , 2 0 1 8