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HomeMy WebLinkAbout1.0 ApplicationTHE RED BARN GVE sort RITivCx Mr. Patrick Wailer Garfield County Community Development Department 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 4/26/18 RE: Red Barn Guest Ranch Land Use Change Permit Dear Patrick, Attached is our application for the "Substantial Amendment" of our approved Land Use Change Permit with the following Exhibits; A. Pre -Application Conference Summary B. Land Use Change Permit Application Form C. Letter of Authorization D. Statement of Authority E. Deed and Legal Description F. Payment Agreement Form G. Copy of previously approved Land Use Change Permit H. General Description of the Application and Proposed amended language for amended condition of approval I. Updated Site Plan with location of "Port-A-Poddies" J. List of Property Owners within 200' of Subject Property K. List of Mineral Rights Owners L. Updated Waste Water Management Pian regarding number of port-a-poddies required Please let me know if you need further information. Sincerely, Lawrence R. Halonen Managing Partner, Red Barn Guest Ranch, LLC Garfield County Community Development Department 108 8t Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-countv.com PRE -APPLICATION CONFERENCE SUMMARY DATE: April 17, 2018 PROJECT: Red Barn Guest Ranch Community Meeting Facility PROPERTY OWNER: Red Barn Guest Ranch LLC. REPRESENTATIVE: Larry Halonen PARCEL NUMBER: 2181-063-00-135 LOCATION: 345 County Road 262 ZONING: Rural TYPE OF APPLICATION: Substantial Amendment to an Approved Land Use Change Permit I. GENERAL DESCRIPTION The Applicant is requesting to amend the Conditions of Approval for the Red Barn Guest Ranch Community Meeting Facility. The Community Meeting Facility was conditionally approved on December 18, 2018 as application GAPA-05-17-8540 and memorialized under reception number 905353. The applicant has not obtained a Land Use Change Permit and is required to meet current Conditions of Approval. The applicant has represented that they would like to amend the Conditions of Approval to allow for the temporary use of port-a-poddies for events_ It is staff's understanding that the applicant would use this Wastewater Management Plan only temporarily, while the long-term bathroom facilities are being permitted and installed. Il. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS • Section 4405 determines the process for an amendment to an approved Land Use Change permit. • Garfield County Land Use and Development Code, effective July 15, 2013 • Table 4-102, Common Review Procedures and Required Notice; • Table 4-201, Application Submittal Requirements Page 1 of 5 III. REVIEW PROCESS To process a request for an Amendment to an Approved Land Use Change Permit, the applicant shall schedule a pre -application conference. Within 10 days of the conference and after receiving all necessary information, the Director shall make one of the following determinations: a. Minor Modification b. Substantial Modification. c. Determination by the BOCC IV. DETERMINATION In reviewing the information submitted (attached), the Director has determined that the proposed modification would be a Substantial Modification to an Approved Land Use Change Permit. This requires the submittal of a new application and a hearing in front of the BOCC, as the application was called -up for their determination. V. APPLICATION REVIEW A. Reviewed by: B. Public Hearing(s): C. Referral Agencies: Staff for technical completeness and compliance with standards BOCC —The Applicant is required to Notice as required for an Administrative Review Garfield County Designated Engineer VI. SUBMITTAL REQUIREMENTS The request for an Amendment to an Approved Land Use Change Permit shall submit all of the material consistent with Table 4-201, as well as any other information deemed necessary by the Director. Submittal requirements include the following for this Substantial Modification. A. General Application Material (4-203.B), including a. Application Form b. Letter of Authorization, for any consultant acting on behalf of the owners and/or leaseholder c. Deed for the subject parcel d. Fees and Payment agreement form e. List with address of any Property Owners within 200' of the subject property f. Mineral Owners and addresses for the subject property g. General Description of the Application B. Copy of previously approved Land Use Change Permit and amendments C. Updated Wastewater Management Plan to include a representation from a qualified professional regarding how many port-a-poddies would be needed to serve the use (capacity of 300 people) D. Updated site plan showing the location of the port-a-poddies E. Proposed amended language for amended condition of approval VI. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ 300 (per application) Amendment to a Land Use Change Permit Plus any additional Staff time charged at staff hourly rate of $40.30 Referral Agency Fees: $ TBD (includes consulting engineer fees billed at an hourly rate) Page 2 of 5 County Surveyor: $ N/A Recordation: $ N/A Total Deposit: $300 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. This summary is good for 6 months from the date of signature. Pre -application Summary Prepared by: AB April 17, 2018 Patrick Waller Senior Planner Date Page 3 of 5 EXHIBIT B IEE Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-countv.com LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION -Ai 0 Administrative Review • Development in 100 -Year Floodplain • Limited Impact Review EI Development in 100 -Year Floodplain Variance • Major Impact Review El Code Text Amendment Or Amendments to an Approved LUCP El LIR OMIR 1;9 SUP 0 Rezoning 0 Zone District MI PUD 0 PUD Amendment 0 Minor Temporary Housing Facility 0 Administrative Interpretation 0 Vacation of a County Road/Public ROW • Appeal of Administrative Interpretation El Location and Extent Review 0 Areas and Activities of State Interest 0 Comprehensive Plan Amendment! 0 Accommodation Pursuant to Fair Housing Act • Pipeline Development • Variance EI Time Extension (also check type of original application) [INVOLVED PARTIES Owner/Applicant Name: /(I2Phone: ( YR)) 076 - 44Ce, Mailing Address: r 0 - City: /1„4.-0 State: (P Zip Code: E-mail: 2y -4-r-()(-0 . Representative (Authorizatio Required) Ili Name: /:.,414tqf Phone: (4,1) 4-cl ilebgq Mailing Address: "a""e-0 4+4 City: .4177t24) State:ek Zip Code: g7-6-41/ E-mail: 4.4grs'Y i-1-4t,ort4)(W) 6041 PROJECT NAME AND LOCATION Project Name: 4e1../L) Assessor's Parcel Number: - 5- 0- ./ Physical/Street Address: cY*4-1-5 , IP i/Abe-oi Zeutti? ealto 144.1 Legal Description: _ Zone District: Property Size (acres): xisting use: Proposed Use (From Use Table 3-403): /� 4 ��-' (,1 )( Description of Project: 7.4.70e2/4---7704) I2_,07 1 a -) 'Prer- - L` C-- f �,�d.�0g..f. \J12Vc/�� -j17I REQUEST FOR WAIVERS Submission Requirements 0 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List Section: Section: Section: Section: Waiver of Standards 0 The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and acc rate to the best of my knowledge. Signature of Property Owner Date File Number: - Fee Paid: $ EXHIBIT C THE RED BARN GUEST RgNCH Garfield County Community Development Department 108 Eighth Street, Ste 401 Glenwood Springs, CO 81601 Dear Sirs, This letter is to authorize Tim Thulson and Richard Hallett to act as representatives of Red Barn Guest Ranch, LLC. Sincerely, Lawrence R. Halonen Managing Partner, Red Barn Guest Ranch, LLC EXHIBIT D STATEMENT OF AUTHORITY . This statement of Authority relates to an entity named: Red Barn Guest Ranch LLC, a Colorado limited liability company The type ofentity is a: [ ] corporation [ ] nonprofit corporation [X] limited liability company [ ] general partnership [ 3 limited partnership [ 3 registered limited liability partnership [ ] trust [ ] registered limited liability limited partnership [ ] limited partnership association [ 1 unincorporated nonprofit association [ 3 government or governmental subdivision of agency [ ] business trust 3_ The entity is formed under the laws of: State ofColorado <l. The ;nailing address for the entity is: 345 Mid Valley Lane alk/a 345 County Road 262, New Castle, CO 81647 5. The [X ] name(s), or [X 3 position(s) of each person authorized to execute -instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is (are): Lawrence R. Halonen, Manager/Member Mary Pat Halonen, Member 6. (Optional) The authority of the foregoing person(s) to bind the entity is [ ] not limited [ j limited as follows: 7. (Optional) Other matters concerning the manner in which the entity deals with interests in real property: 8. This statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. Executed this day of March, 2017 c;),,y By: Lawrence R. Halonen, Manager/Mernljer By: ary/t Halonen, Member State of ) ) ss. County of _ The foregoing instrument was acknowledged before me this day of March, 2017 by: Lawrence R. Halonen as Manager/iVlernberand Mary Pat Halonen as Member of Red Barn Guest Ranch LLC, a Colorado limited liability company. Witness my hand and official seal. My Commission Expires: Notary Public CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT w.ur c,&,..wa otzo r -,max a �.w CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of njr`ark[,r-{� On .iGt�G t � i�- before me, - li2th CM1 M«ri \� fru PUftlfc, Date j Here Insert Name and Title of the °dicer personally appeared IjAU. r'�V1[ - \Ct Qrt v O v (j Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person s) whose names) rel subscrib-. to the within instrument and acknowledge me that executed the samein—' of authorized capacity(ies), and that by #het" signatures on the instrument the person(s), or the en ity upon behalf of which the persons) acted, executed the instrument. ILLO j CELIZABETH ommission ` : 26116464 04 , rotary Public - California Orange County My Comm, Expires Mat 30. 2017 Place Notary Seal Above z z 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ge(olif1/11007nature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this foram to an unintended document.. Description of Attached Docu st NtcinN Tile or Number of Pages: Signer(s) Other Than Named Above: Type of Doc �1SA CSC Document Date: 3/1 /! t Capacity(les) Claimed by Signer(s) Signer's Na •e: © Corporate • 'cer — TitIe(s): © Partner — 0 L , "ted 0 General D Individual ■Attorney in Fact © Trustee 0 rdian or Conservator 0 Other: Signer Is Representing: Signer's Name: ID Corporate Office ❑ Partner -- ❑ Lim 0 Individual © Trustee 0 Other: Signer Is Representing: Title(s): ed L7 General orney in Fact 0 L uardian or Conservator O2014 National Notary Association • www.NationalNotary.org • 1-800-l1S NOTARY (1-800-876-6827) Item #5907 EXHIBIT E SPECIAL WARRA.NTY DEED THIS DEED, made on March 15. 2017, between Fred B. Chnuey of the County of Pinellas, and State of Florid -a, grantor(s), and Red Barn Guest Ranch LLC, a Colorado limited liability company, whose legal uddress is : 345 Mid Valley Lane afkia 345 County Road 262, New Castle, CO 81647 of the County of Garfield, and State at -Colorado, grantee: WITNESS, that the grantor(s), for and in consideration of the sum of ten dollars and other good and valuable consideration,. the receipt and sufficiency of which is hereby acknowledged, have•granted, bargained, said and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying arid being in tine County of Garfield and Slate of Colorado described as follows: AS SET FORTH ON EXHIBIT "A" also known by street and number as: 345 Mid Valley Lane rods County Road 262, New Castle, CO 81647 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the arantor(s), either in law or equity, of, in and to tite above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, its successors and assigns forever. The grantor(s), for themselves, their heirs, and personal representatives, successors avid assigns do covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the granlor(s); except those items as set forth in Exhibit"B" attached hereto. IN WITNESS WHEREOF, the arantor(s) have executed this deed on the date set forth above. Fred B. Chaney STATE OF tai'\ COUNT: OF iY16,145 ) ) ss. The foregoing instrument was acknowledsed before me on iviarch rh . 2017, by Fred B. Chaney. My commission expires: z f5 (7 Ole\ Commonwealth File No. 1610063-3 Return to: Red Barn Guest Ranch LLC, e Colorado limited liability company 345 Mid Valley Lane New Castle, CO 81647 No, 16. Rev. 4-94. SPECIAL WARRANTY DEED WITNESS Land and official seal Notary- Public CALEY ROBERTS NOTARY PUBLIC STATE OF FLORIDA Commit FF?98341 Expires 2/5i2019 File No. 1610063-3 EXHIBIT "A': A tract of land situated in the Southeast 1/4 Northwest 1/4 and the Northeast' Southwest 1 of Section 6, Township 6 South, Range 91 West of the Sixth Principal Meridian, being more particularly described as follows: Beginning at a point on the southerly right-of-way fence of a County Road whence the Northwest Corner of said Section 6 bears North 33°35'41'° West 2,632.47 feet; thence along said right-of-way fence the following courses. South 88°01'13" East 548.55 feet; thence South 86°32'34" East 265.09 feet; thence South 68°53'42" East 85.61 feet; thence South 28°45'57" East 442.94 feet; thence South 00°27'29x' East 428.64 feet to the centerline of the Ware and Hinds Ditch; thence along said Ditch centerline the following courses: South 51°43'16" West 138.49 feet; thence South 76056'13" West 134.52 feet; thence North 87°43'10" West 185.83 feet; thence South 87°48'14" West 120.88 feet; thence North 48°48'42" West 111.11 feet; thence North 44°4612" West 91.02 feet; thence North 57°02'43" West 175-44 feet; thence North 50°58'37" West 65.75 feet; thence North 48°17'09" West 182.27 feet; North 41°50'16" West 169.04 feet; thence North 57°26'40 West 31-13 feet; thence leaving said ditch centerl€ne on a course bearing North 07°14'07" East 461.33 feet TO THE POINT OF BEGINNING. EXHIBIT „i„ Any and all water rights, claims, or title to %Nater, whether or not the matters excepted are shown by the public resort:. Right of the proprietor ofa vein or lode to extract and remove his ore therefrom, should the sante be Found to penetrate or intersect the premises hereby granted and a right away for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded February 24, 1 896 in Book 12 at Page 409. Riehl 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 richt of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded March 18, 1902 in Book 56 at Pape 4141. Map and Statement of the Ware and Hinds Ditch, filed July 16. 1896 as Reception No. 19478. Decrec, Map and Statement for the Nelson Enlargement of tine Ware and 1 Iinds Ditch recorded December 4, 1397 in Book 39 at Page 315 as Reception N0.20513. Reservation of an undivided one-half interest in and to all oil, gas and other minerals as described in deed recorded August 11, 1950 in Book -252 at Page 61 and any interests therein or assignments thereof.. Terms, conditions and all matters set forth in Garfield County Resolution No. 79-125 recorded October 12, 1979 in Book 537 at Paae 199. Right of way for County Road Na 214 and 262. Easement and debts of way for all ditches, canals, laterals, pipelines and utilities as constructed and in place. Possessory rights outside of fence, apparent easement for overhead utilities, easement for the Ware & Hinds Ditch and all matters shown on Improvement Location Certificate prepared by Divide Creek Surveyors Inc. dated November 17: 2016, Prof. 10/29/2015. a (,e tQtJtD 7 O,JIT CLAIM DEED (Water Rig.hts' Fred B. Chaney, Grantor, for and in consideration of the sum of ten dollars ($10.00), in hand paid, hereby sells and quitclaims to Red Barn Guest Ranch, LLC, Grantee, whose address is 345 Mid Valley. Lane, New Castle, Colorado 81647, any and all right, title, interest, claim and dernand which Grantor has in and to the following water and water rights, ditch and ditch rights, well and well rights. to i : (a) An undivided five percent (5° o) interest in and to all water rights decreed to the P. Tomkins, a/kfa Thompkins, a/k/a Roseman Ditch, which diverts water from Elk Creek including Priority No. 158aab decreed for 2.76 c.f.s. an February 1, 1912, with an appropriation date of November 10, 1900; Priority 177a decreed for 5.56 c.f.s. (1.4 c.f.s. decreed on Februaiy 10, 1913, with an appropriation date of livlarch 9, 1910), and Priority 7201 decreed for 11.88 c.c.s. on January 11, 1943, with an appropriation date of March 4, 1921; (b) Twelve (12) shares in the Ware and Hinds Ditch Company; and (c) Two (2) water wells, one of which is identified by Well Permit No. 92777 issued August 26, 1977 TO HAVE AND TO HOLD the sante, together with all and singular the appurtenances and priviieges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of Grantor, either- in law or equity, to the only proper use, benefit, and behoof of Grantee, Grantee's heirs; successors, and assigns forever. Signed the it -til" day of MN- dri , 2017. GRANTOR: Fred B. Chaney By: y Feed B. Chaney STATE OF 1✓ \OrtCLk COUNTY OF C1Qj CAS } )ss. The foregoing instrument was acknowledged before me this\ day of 2017, by Fred Chaney, Grantor. WITNESSmy hand and official seal. 104syy My commission expires on 7-(5/ ?��c Notary Public CALEY ROBERTS NOTARY PUBLIC. STATE OF FLORIDA CarriY4FF196341 ��' Expires 215120/9 EXHIBIT F Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Promty Owner ("APPLICANT") i 7 1 nAO( -.�. . 4- agree as follows: 1. The Applicant has submitted to the County an application for the following Project: 7 7 iAgA) �s r ► i 1 : U1► y 1.-+e, FA-c.v.-ter/ 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: �p Billing Contact Person: /y 1/4/f�� Phone: (/) `� /- r21)46.SS Billing Contact Address: �� � �/`�- City: /(/rI y „ra..O 1044412 State: Zip Code: q Billing Contact Email: 42i()4) 4/%!L. L 47K -y 4--v`r,4i Printed Name of Person Authorized to Sign: g/p-3-//4-‘ (Signature) (Date) F,XHIBIT STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners Meeting Room, Garfield County Plaza Building, in Glenwood Springs, on Monday, the 18th day of December AD 2017, there were present: John Martin Mike Samson , Commissioner Chairman , Commissioner Tom Jankovsky Kevin Batchelder Tari Williams Kelly Cave Jean Alberico , Commissioner , County Manager , County Attorney , Assistant County Attorney , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. A RESOLUTION CONCERNED WITH THE APPROVAL OF AN ADMINISTRATIVE LAND USE CHANGE PERMIT FOR A COMMUNITY MEETING FACILITY ON PROPERTY OWNED BY RED BARN GUEST RANCH LLC, LOCATED AT 345 COUNTY ROAD 262, IN SECTION 6, TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE 6TH P.M., GARFIELD COUNTY PARCEL NO. 2181-063-00-135 Recitals A. An application for a Community Meeting facility was submitted by Red Barn Guest Ranch LLC on property located at 345 County Road 262, New Castle, CO 81647 approximately two miles east of the Town of Silt (File No. GAPA-05-17-8540). The property is approximately 20.76 acres in size. Ownership of the property is described in a Special Warranty Deed filed for record at Reception No. 890217 in the office of the Garfield County Clerk and Recorder. B. The Property is located within unincorporated Garfield County in the Rural (R) Zone District. C. A Community Meeting Facility may be permitted in the Rural (R) zone district with 1 an Administrative Land Use Change Permit. D. The Application was referred to the Board of County Commissioners by the Director of the Community Development Department by a Director' s Decision Letter dated October 17, 2017. The decision to refer the Application to the Board for a decision was in accordance with Section 4-103(B)(4)(b) and Section 4-112 of the Garfield County Land Use and Development Code, as amended. E. The Board is authorized to approve, deny or approve with conditions a Land Use Change Permit, pursuant to the Garfield County Land Use and Development Code, as amended. F. The Board opened a public hearing on November 20, 2017, for consideration of whether the proposed Land Use Change Permit should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. The Board continued the Public Hearing until December 18, 2017. G. The Board completed a site visit to the subject property on December 11, 2017. H. On December 18, 2017 the public and interested persons were given the opportunity to express their opinions regarding the application. 1. The Board of County Commissioners closed the public hearing on the 18e` day of December to make a final decision. J. The Board, on the basis of substantial competent evidence produced at the aforementioned hearing, made the following determinations of fact: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters, and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the proposed Red Barn Guest Ranch Community Meeting Facility application submitted by Red Barn: Guest Ranch LLC is in the best interest of the health, safety, convenience, order, prosperity, and welfare of the citizens of Garfield County. 4. That with the adoption of conditions the application is in general conformance with the 2030 Comprehensive Plan, as amended. 2 5. That with the adoption of conditions and granting of waivers from Section 7-107 Access and Roadway Standards and Section 7-303 Landscaping Standards, the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. The Land Use Change Permit for a Community Meeting Facility also known as the Red Barn Guest Ranch is hereby approved subject to compliance with the following conditions: 1. Prior to the issuance of the Land Use Change Permit, the Applicant, Garfield County Attorney's Office, and Community Development Staff will come up with a Memorandum of Understanding concerning future improvements on Highway 6 & 24. 2. Prior to the issuance of the Land Use Change Permit, the Applicant shall upgrade the Red Barn and the Carriage House as well as any other structures that will be used as part of the Community Meeting Facility use to meet adopted Garfield County Building Code requirements and fire code requirements. Demonstration of compliance with this condition shall be reviewed and accepted by the Community Development Department and the County designated engineer. 3. Prior to the issuance of the Land Use Change Permit, the Applicant shall install noise level meter devices per the recommendations detailed in Hankard Environmental's Noise Study from August 23, 2017 and as consistent with the Applicant's representations. A letter shall be submitted from the noise consultant detailing that the noise monitoring system was installed correctly and is adequate to monitor noise levels as identified in the Noise Study. Demonstration of compliance with this condition shall be reviewed and accepted by the Community Development Department. 4. Prior to the issuance of the Land Use Change Permit, The Applicant shall remove the Rear Access Drive note from the site plan. A demonstration of compliance with this condition shall be reviewed and accepted by the Community Development Department. 5. Prior to issuance of the Land Use Change Permit the Applicant shall widen the existing driveway to 20 feet using an all-weather driving surface that is graded for proper drainage. Compliance with this condition of approval shall be reviewed and accepted by the Community Development Department, the County designated engineer, and Colorado 3 River Fire Rescue. 6. Prior to the issuance of the Land Use Change Permit, the Applicant shall obtain and close out an Onsite Wastewater Treatment System (OWTS) permit from Garfield County Community Development. The system shall be installed consistent with the recommendations from Mountain Cross Engineering's OWTS report from March 23, 2017 or as that report is updated. A letter from a Professional Engineer stating that the OWTS was installed as recommended and that it meets all state and county required setbacks shall be required. A demonstration of compliance with this section shall be reviewed and accepted by the Community Development Department. 7. Prior to the issuance of the Land Use Change permit the Applicant, shall provide an engineering review addressing the impact of Slaughter Gulch and any associated drainage, flooding, and/or debris flow issues that affects the property. If identified, the report shall include mitigation measures to address any issues that shall be completed prior to the issuance of the Land Use Change permit. The engineering report and associated demonstrations of compliance shall be reviewed and accepted by the County designated engineer and the Community Development Department. S_ Prior to the issuance of a Land Use Change Permit, the proposed parking area shall be reviewed by a professional engineer for storm water, drainage, and suitability issues as described in Section 7-302 (F) of the Land Use and Development Code. The Applicant shall implement any required improvements from that review, prior to the issuance of the Land Use Change Permit. A demonstration of compliance with this condition shall be reviewed and accepted by the Community Development Department and the County designated engineer. 9. Prior to the issuance of a Land Use Change Permit, the Applicant shall install and/or provide access to a year round water supply that will provide at least 1000 gallons of water per minute for two hours that meets Colorado River Fire Rescue's requirements. A demonstration of compliance with this condition shall be reviewed and accepted by Colorado River Fire Rescue, Garfield County's designated engineer, and the Community Development Department. 10. Prior to the issuance of a Land Use Change Permit, the Applicant shall install a treatment system for coliform for both wells on the property as detailed in the Colorado River Engineering Report dated May 5, 2017, and updated July 6, 2017. A demonstration of compliance with this condition shall be reviewed and accepted by the Community Development Department and the County designated Engineer. 11. Prior to the issuance of the Land Use Change Permit, the Applicant shall update the site plan to remove specific references to weddings and replace that language with broader 4 language to include all events. A demonstration of compliance with this condition shall be reviewed and accepted by the Community Development Department. 12. All representations of the Applicant contained in the application shall be considered conditions of approval unless specifically modified by the Board of County Commissioners. 13. The Applicant shall comply with all local, state and federal regulations regarding facilities of this type. 14. Any music located in the Red Barn or the Carriage House shall comply with the decibel requirements as detailed in the Hankard Environmental Noise Study dated August, 23, 2017. The noise monitoring system shall be operated by the Applicant as detailed in Exhibit 32. 15. The Applicant shall comply with County and State noise standards. 16. Amplified music shall comply with site plan representations. 17. The Community Meeting Facility hours of operation shall be 12:00 p.m. to 10:00 p.m. 18. All music shall be located indoors after 8 p.m. and restricted to the Red Barn and the Carriage House. 19. All exterior lighting shall be downcast and shielded in compliance with Section 7-304, Lighting Standards, of the Land Use and Development Code of 2013, as amended. 20. Events shall be limited to a total of 300 people on the property, including, but not limited to event attendees and event staff. 21. The Applicant shall operate within Division of Water Resources conditions of approval for all wells serving the property. 22. The Applicant shall obtain Garfield County building permits for upgrades to structures that are required to meet the adopted Building Code and Fire Code. 23. All event parking on site shall be in the designated parking area. No parking shall be permitted on the driveway or the County Road. 24. If a Security Gate is installed on the property the Applicant shall install a Knox Box and work with Colorado River Fire Rescue, to allow access to the property. 5 Dated this day of 2018. Al LEST: GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS, GARFIELD COUNTY, COLORADO Clerk of the Board Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY STATE OF COLORADO )ss County of Garfield Nay_ Aye— Aye_ I, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 . County Clerk and ex -officio Clerk of the Board of County Commissioners 6 EXHIBIT H TIME REQ sARiv GUEST RANCH Mr. Patrick Waller Garfield County Community Development Department 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 RE: Red Barn Guest Ranch Project Description & Proposed Amendment The project is to renovate existing buildings on a 20.76 acre ranch site to allow events and community meetings. A Land Use Change Permit with conditions has been approved by the county. Condition #2 states that the "Red Barn" and "Carriage House" be upgraded to meet Garfield County building code requirements. Part of this upgrade was to locate public restrooms within the Red Barn. The intent of this requested amendment is outlined as follows; 1. Pursuant to a structural analysis of the Red Barn, it has been determined that it is not financially feasible to meet code requirements for this structure. Consequently, we wish to eliminate the Red Barn from the project entirely. It will not be used for any of the events or community meetings. 2. The proposed restrooms, originally planned to be in the Red Barn will be relocated into the Carriage House. 3. The timing of these improvements to the Carriage House is very tight to meet our hoped for first event on June2. Consequently, we would request that the condition be amended and language be revised as follows; a. Delete the words "the Red Barn and" from lines 1 and 2 of Condition #2. Add a statement (possibly item 2a) would read; i. Should construction of the restrooms in the Carriage House be delayed, and subject to a building permit being issued for this building, the temporary use of "Port-A-Poddies" may be utilized for events and the Land Use Change Permit may be issued prior to the completion of these improvements. Such use of these facilities shall not extend beyond the end oflune, 2018. Sincerely, Lawrence R. Halonen Managing Partner, Red Barn Guest Ranch, LLC THE RED BARN GUE WI' RgNCH EXHIBIT 1 THE RED SgRN GVEST MIAILNCx EXHIBIT J Garfield County Garfield County Land Explorer Garfield County Colorado Garfield County Land Explorer Printed by Web User 1 inch = 752 feet 1 inch = 0.14 miles 0 0.1 1.2 fl. -0 Niles Garfield County Garfie Id County Colorado rraww.garlieithrourny.com Colorado Oiscielmor hitra s mn:pHalle etracorm at tbeyxppetrtnthe G,IFlNd friu.yIIffiaes xaenLnO thears rhown.rgs draaizgls b teutne ohly ter rere2nae purpose sad rhe County n not rnpanatbze tar any Ina. ura[re. pereln rantahrcd. Cl Copyright Gar cold eoonty, Colorado l Al Flights Fleserced P: shed: 2) i. (2017 es 230:26 FM $ ,n+p ,reatic-a Min» ;nn. 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Results Copy J CSV PDF 1 I Print . - Search- Parcel Physical Address Owner 4789 214 GUCCINI, '' 218106100272 COUNTY TOBY J & RD SILT DEBRA J kihowing 1 to 1 of 1 entries I 1 i r Account R006628 Owner GUCCINI, TOBY J & DEBRA J Physical Address 4789 214 COUNTY RD SILT 81652 Mailing Address PO BOX 88 NEW CASTLE, CO 81647 JIJI�>vJ!!VI Ez V! tr1i11� JCilli4k k RJ 1J C.! 1.111 t.he map ,lamb onrll:r y_ irin fnr jrit1141irrn nrl rr •1ft.rk I- r1 inFjr'r p,�fi41 r i Address I Parcel (P Owner 8006629 Sed arch PLSS (Township, Range, Section) Subdivision Buffer Draw Layers Measure Locate Basemap Results Copy i CSV t PDF I Print Search: Parcel Physical Address Owner 4791 214 218106200273 COUNTY RD SILT W HITTINGT( THE VALTO DELBERT FAMILY TRL DATED JUN 25, 2001 5howsng 1 to 1 of 1 entries ra Account R006629 Owner WHITfINGTON, THE VALTON DELBERT FAMILY TRUST DATED JUNE 25, 2001 Physical Address 4791 214 COUNTY RD SILT 81652 Mailing Address PO BOX 161 RIFLE, CO 81650- 0161 the map J1 III rn 6l �ht�lirlti. n FrulatialibarLa- aCF.oI- 7lt!'1- 7,7.4 tkfcderx;? Address l Parcel (PIN) Owner ;8015032 Search PLSS (Township, Range, Section) Subdivision Buffer Draw Layers Measure Locate Basemap Results • Copy I � CSV 1 PDF ; i Print Search: • Physical Parcel Owner t Address i b 4773 214 o 1 218106200045 COUNTY i) RD SILT r GHAN, MICHAEL S DEBORAH T Showing i to 1 of 1 entries Account R015032 Owner GHAN. MICHAEL 5 & DEBORAH T Physical Address 4773 214 COUNTY RD SILT 81652 Mailing Address 4773 COUNTY ROAD 214 SILT, CO 81652 Acres 1.88 2016 Mill Levy 50.4040 the map urnh ..04,{,:t.2finn few vimerinr. inti ,.4 r AddressParcel (PIN) [Owner RR015069 Search f PASS (Township. Range, Section) Subdivision Buffer Draw Layers Measure Locate Basernap 5 Results • Copy i LFi { PDF Print Search. Parcel Physical Address Owner 4731 214 218106200046 COUNTY RD SILT WILKINSON, MARTIN R ahowina i 10 1 of 1 entries Account R015069 Owner WILKINSON, MARTIN R Physical Address 4731 214 COUNTY RD SILT 81652 Mailing Address 9 BENCHMARK DRIVE BOULDER, CO 80303-5125 Acres 2 :: 14- 2016 MW Levy 50.4090 he map IL&) Frena, rari }n Address [Owner ,218106200051 [Search Account L J PLSS (Township, Range, Section) Subdivision Buffer Draw Layers Measure Locate e Basemap Results COpy CSV PDF •Search: Print Parcel Physical Address Owner 4441 214 BECKER, 21 81 0620005 1 COUNTY RD JAMES R SILT `Showing 's to 1 of 1 entries PryMaI,°. I 1 Next µr y Account 8015004 Owner BECKER, JAMES R Physical Address 4441 214 COUNTY R1:) SILT 81652 Mailing Address 4441 COUNTY ROAD 214 SILT, CO 81652 Acres 14.8 2016 Mill Levy 50.4090 Z the map fir}/[ntriirnn —'rne'I— nr,ei -ori (Address Parcel (PIN) ] Account IEnter all or part of an owner nal Search PLSS (Township, Rance, Section) Subdivision Buffer Draw Layers Measure Locate Base,map Results Copy ' CSV PDF ! Print Search: Parcel Physical Address Owner 218106200047 iiSlhowing I to 1 of 1 enirigs 4633 214 COUNTY RD SILT YOAST, JAMES B SHARON L j 1 Ne.t Account R015073 2z, Owner YOAST, JAMES B & SHARON L • rtE':F Physical Address 4633 214 COUNTY RD SILT 81652 Mailing Address 4633 COUNTY ROAD 214 SILT, CO 81652-9513 Acres 2.563 2016 Mill Levy 50.4090 2i10 the map 193.7cuuill Account: R015037 Account Number 8015037 Owner Name KliERSTf7.',d,1-RI31):S Parcel NUM her 2181-062-00-048 LINDA f_ Sitii. Address 0(13555 114 COUNTY Owner Address 4555 COUNTY Rto RU 214 4555 PEACI1 VALLEY RU) SILT. CO 81€52 City Silt Sift Tax Area 1115-211-S(: -015 1_egal Silllimary Swctivit: 6 Tov.. nship: 6 Range: 91 A TR OF LAND 1N TI IE StVNI. . Tr.:, 1 - f;. s Sale Bate Sale Price i + :1�= Alli i:i TaN Year Takes '=2017 51447.2-1 2016 51.653.-1u Estimated 1111 cues • 1. 1'age 1 0T 1 Actual (2017i 5395.70 Assessed 528_70 - Tax Arca: (115 Mill .1..evr: 50.409! Type Actual :assessed Acres SQFT Units improvement 5318.710 522.950 0,000 (/.ont+ 1.000 Land 581100(1 55.760 6.063 0.000 0.00(1 Doe Description 171 IRl:l t: i ii': i i. t 1 i l .'•.; hitpilact_garfield-county.cont assessoritaxweblacco nt_jsp?account thil=i 015037 6/19/2017 Account: ROJ 5061 ...ceount Number 1OI5(46j Parcel ;Cumber 21814161-00-1(19 Sims Address 005097 214 ('.017-NTV R City Nw :ilk Tax Area 015 - 211-S1: - 015 Legal Strinillary Section: 6 Tk.o.vasilip: 6 Ranee: 91 A TR. IN 111E SWNE. Taa,111,i.ore Tax Year Salt Date 2017 2016 Taxes S1.774.92 S1.439.6S Owner Name STAPI.F.TO. !TOWARD NI & NlAR(it) 1. 01111f2.1" Address 5(197 couNry ROAD 214 NEW' CAS11.F. COI:11647-971.A Images . . Sale Price AcIttal (2017) Assessed Tax Area: 015 rare 1 ot S489.000 $35.210 Type Actual Asse5sed Acres SQFT Units linpro-,cnient ::.,379.000 $27.290 0,0fit.) ORM) 211O S110,000 S7.921) 3.990 0.000 0,00it . _ . Doc Description 50t 1 6.1 912017 TZ-ZE RED SgRN GVEST EtAivcx EXHIBIT K THE RED BARl%T GUEST EtILAINcx SEVERED MINERAL INTERESTS: A.V. Lough; Address unknown The severed mineral rights for the property were identified from the Grantor Grantee index search of the chain of title for the property as identified within the provided Title Commitment. 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: March 2, 2017 File No. 1610063-2 Property Address. 345 Mid Valley Lane, New Castle: Listing .Agent 'vlirr Ranch Group 915 South Petri Street DENVER. CO 80209 Attn: Tommy Latousek Email: tonmty(ia;tnin•rancharoup.conr Lender Bridge Investment Group 1-{oldings, LLC 11082 Turret Drive SAN DIEGO , CA 92131 Attn: Bob Hal loci: Email: b.halloeVii)bridge-igh.corr Seller Fred B. Chaney 1;nl'.tii:ari!a bluevaseholdings.conl; \edax(4ipeline.coin Closing Contacts Glenwood Springs office - 970-945-4444 Linda Gabossi - linda li cwtritie.com Connie Rose Robertson - conniz`aswtrifle.eotn Jessica Reed - jessica{t:cwtrifle.com Selling Agent Roarin_r f=ork Sothebys lnter•national.Rea1ty: 214 Eighth Street; Suite 100 Glenwood Springs, CO 81601 Atm: Mike Deer Email: mikedcerc1sopris.net 13tryer Infinity Properties Incorporated Email: Attorney Garfield & Hecht 420 7th Street, Suite 100 Glenwood Springs , CO 81601 Email:dmeconaughz• arfeldhecht_com Riff; office - 970-625-3300 Dema Conwell - denna;ii,cwtrifie_com Patti Reich - pattitcwtrifie.con) COMMITMENT FOR TITLE I TSU.RANCL SCHEDULE A File No. 1610063-2 1. Effective Date: February 22, 2017 at 7:59 Aral 1. Policy or Policies to he issued: (a) ALTA OWNER POLICY.(ALTA 6-17-06) Proposed Ensure!: Infinity' Properties Incorporated b) ALTA LOAN POL1CY (ALTA 6-17-061 Proposed insured: Sridge Investment Group Holdings, LLC, Its Successors and/or Assigns 51,305,000,00 5955.000,00 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: Fred P. Chaney d. 'De land referred to in this Commitment is situated in the County ofGarfield. State of Colorado and described as follows: See Attached Exhibit "X' TITLE CHARGES Owner's Police,' Standard Coverage 52,734.00 Owner's Extended Coverage 65.00 Mortgagee's Poliicy' 125.00 Tax Certificate 35.00 Form 100 50.00 Form 8.1 50.00 Form 1.00.30 215.011 Form 116 100.00 Delete Standard Exceptions (Lender's) N/C COUNTERSIGNED: Patric/kip. 3aw-weW Authorized Officer or Agent American Land 'Fide Association Schedule A ;Res, li-061 Valid Only if Schedule 13 and Cover Are Attached Issuing Agent: Commonwealth Title Company of C3arriield Count: _ Lae. . 127 East 5th Street Villa. Ccs 81651 File No. 16111063-2 EXHIBIT "A" tract of land situated in the Sout1}44 t ' ; Northwest : and the Northeast east ° Southwest Yi of Section 6_ I ol';nshir? S<.0€th. Razwc 91 West of the Sixth Principal Meridian, being more particularly described as fol IOW'S: I3ezinn€ng al a point on the southerly right-of-way fence of a County Road whence the Northwest Cornu' of said Section 6 bears North 33'35'4I" West 2,632.47 feet; thence along said right-of-way fence the following courses; South 88';01•1 3'' East 5.48.55 feet: thence South 86'32'34" East 265.09 fee,; thence South 68533'42" East 85.61 feet; tli nce South 28'45'57" East 442.94 feet: thence South 00'2729" East 428.64 feet to the centerline of the Ware and Hinds Ditch; thence along said Ditch centerline the following courses: South 51'43'16" West 133.49 feet; thence South 76'5613" West 134.52 feet; thence North 87''43'10" West 185.83 feet; thence South 87'48'14" West 120.88 feet; thence North 48'-15'42" West 111.11 feet; thence North 44'4612" West 91.02 feet; theme North 5702'43" West 175.44 feet; thence North 50=58`37" West 65.75 feet: thence North 48'17'09" West 182.27 tut; North 41'50'16" West 169.04 feet: thence North 5726'40" West 31.13 feet; th nce leaving said ditch centerline on a course bearing North 07'14'07" East 461.33 feet TO 31-1E POINT OF BEGIN3NG. 4 File No. 1610063-2 SCHEDULE 11- SECTION 1 The Foliowiri. are the requirements ti be complied with prior to the issuance of said policy or policies. other instrumem recorded subsequent to the date hereof may appevs a un exception under Schedule B of the policy to he uctI fillers otherkvis.: itotel all doeumems must be recorded to the tiffice of the Clerk arid Recorder of the County in which said property is located. . V. -in -am!! deed from Fred B. Chaney ye -sting Ice simple title in Infinity Properties Incorporated. Deed of Trust from Ingnity .Properlies Incorporated to the Public 'Frustee of Garfield rouniv for the use of Bride Investment ciroup Holdings, 3. Release of record bv the Public Trustee of the Deed of Trust from Fred B. Chaney for the use of Bank of America. N.A. showin an orkina) amount of S925.000.00, dated Jab' 3. 2009 and recorded July 20. 2009 as Reception No. 7717(4. tvicw./ 1. Recordation ofa Statement of Anthorit) for Infinity Properties Incorporated. a (.1'orporation. e iciencing the existence of the entil:, and authority °lite person authorized to execute instruments conveyinueneumberine or otherwise affeethw title to at propert:. un behalf or the elitity. and containintz the other inlbrmation required by CRS 38-30-172, evidencima the existence of said emit:. prior to its acquisition of title to the land herein. The Compzmy must he furnished a copy of the b11owin for infinity Properties Incorporated: (1) the articles of incorporation, (2) -,..vritten bylaws and all amendments thereto, (3) current shareholder list, (.-t) a certificate of ttood standirw, for current re!-!istration) olsaid corporation: and (5) evidence satisfactory to the Company that all necessary consents, authorizations. resolutions, notices and actions relating to the sale and the execution and delivery of the decd as required under applicable law and the awerning documents have been conducted. given or properly waived. 6. Deleted. 7, Execution of a Final Affidavit and Agreement indemnifying the Company tiaainst untlied trieehunie's and materialmen's liens. S. Receipt o Isatisfactory approval from Commonwealth Lund Title for the issuance or thc policy described herein. NM 6 American Land -nue Association Commitment Schedule 13 - Section 1- Fonn 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 eo mmitn nt from the date of issuance to be as reasonably dose to the time of closing as permitted by the real estate records. Such ',iodate shall include all impairments of record at the time of closing or as dose thereto as permittedby the real estate records, ds. T'r;e lith: insurance company snail be responsible, to the proposed insured(s) subject to the terms and conditions of the title commitment, other then the effective date of the title commitment, for all undisclosed matters that appear of record prior to the time of dosing." Provided Commonwealth Title insurance Company of Garfield County, Inc. conducts the dosing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owners Title Policy and the Lenders Policy when issued. This Notice is required by Coiorado Division of Insurance-: Regulation 8-1-2, Section 5, Paragraph G. NOTE: Exception No. 4 of Schedule B - Section 2 of this Commitment may be deleted from the Owner's Policy to he issued hereunder 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 towfhhouse 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 unified mechanic's and :r,ate.rialmen's liens. D. Any deviation frorn conditions A through C above is subject to such additional requirements or information es the Company may deem necessary; or, at its option, the Company may refuse to delete the exception. No coverage will be given .:suer any circumstances for labor or niatoriel 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 C.R.S. §10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. Bl A Certificate of Tales Due listing each taxing jurisdiction may he 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. C.i?.5. §3040-406 requires that all documents received for recording or filing in the clerk: and recorder's office shat, 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 3, 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 3) 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 tihe property and the price exceeds 5100,000.00, the seller must comply with the disclosure; withholding provisions of C.R.S. §39-22-604.5 (Nonresident withholding;. Pursuant to C.R.S. §3S-35-125{2), no parson or entity that provides closing and settlement services for a real estate transaction shal: 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. 1339-14-102 requires that a real property transfer declaration accompany any conveyance document presented for -ecordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not •iecessariiythe same as the property address} be included on the face of the deed to be recorded. File No. 1610063-2 SCHEDULE 13 - SECTION 2 �lieduh 13 of the Policy or Policies til he issued oil! Contain t'.N'.eptlons to the follow -ilia ni{lite4ra unless the same are disposed of to the satisfaction of the company: 4. Eight_; or clam%' 01 purlfo ire llcr;sestetti mot siieru11 by the Public records. Note: This i:xccption nil] be deleted on the final policy- upon contpthtnce with the requitennenls Loci%%. Easements. or claims of easements_ not shown by tete public records. 'Cott: This exception n ill be deleted on the final policy upon compliance with the requirements herein. Discrepancies. conflicts in bounclary boundaryfines. shortage in area. aneririehnients, and ariv facts. which a correct survey and inspection of the :5ren;ise n'utild disclose, and %%Lich are not -shown h% the pulpit: records. Note: This exception will be deleted un the final policy upon compliance with the r eg1rirements herein. Any lien, or right to a lien. fbs'services. labor or material heretofore or hdrethf'.er furnished, imposed by to anti not siantn by tete public records. Note: Exception No. 4 will be deleted upon receipt ofFillal Affidavits and Agreements indemnifying the Company against tintiletf mechanic's ant) no terislmen'e liens. 5. Del cts. liens, eticutnbratces, adverse claims or °titer mutters, if any-, created. first al:pearine in the public recrirdr. or attaching subsequent to the effective date herein but prior to the date the proposed histlrcd acquires of record for value the gestate in- interest or It irtgage thereon covered by this commitment. Note: Exception 5 will be deleted on the final policy if Commonwealth Title Company of Garfield ('unnty, Inc. closes tete proposed transaction and records the applicable instruments of conveyance. .Any and all unpaid taxes. assessments and unredeemed tax sales. Note: Exception 6 will read: "General taxes and assessments for the year 201(1 and thereafter, not vet due and payable." un tete final policy if C.'onnnauwealth Title Company of Garfield County,. Inc. closes the proposed transaction. 7. Any lieu or chame on account of the inclusion of subject property in .in improvement district. - N. Ani' rn;d all vt ater rights. claims_ or title to water. whether or not the mailers excepted are shown by the public record. 9. Right of'the pnsprietor of a yeti or lode to extract and remove his ore therefrom. should the sante be found to premises he -thy _granted and a right of t ay for ditches or cantles as constructed by iihe authority of tete 1'rited Slates Patent recorded February 24. 11396 in Bonk 12 at Page 409. !view) 10. Right of the proprietor ()fa vein or lode to extract and remove Itis are there -than. should the same he 6)urtd to premises hereby granted and a right of uay-for ditches or canals as constructed by the authority of the united States Patent recorded March 11. 1902 in Book 56 at Pare 441. (view) penetrate or intersect the States. as reserted in 11nited penetrate or intersect the States. as reserved in foisted 11. Map and StntBmelitt of the Ware and Hinds Ditch. filed .lull 16. 15963 as Reception No. 1947S_ ("linage Missing" - Garfield County Clerki Decree. Map and Statement for the Nelson Enlargement of the Ware and I finds Ditch recorded December 4. 1597 in Book 39 at Page 315 as Reception No. 2(1513. Reservation of an undivided otic -half iarerest fit and to all oil. gas and other minerals as described in deed recorded August 14, 1950 in :soot: 252 at Page 61 and any interests therein or assignments thereof. Toots. conditions and all matters 501 forth in Garfield County Resolution No. 79-125 recorder! October 12. 1979 in Book 537 at Paec 199, Right of way for County hand No. 214 and 262. lo. Easement and rights of way for all ditches, canals. iuterals_ pipelines and utilities as constructed and in place. 17. Possessory rights outside of fence. apparent easement for overhead utilities, casement for the Ware & Hinds Ditch and all shutters shout on Improvement Location Certificate: prepared by Divide Creel: Survey. -urs inc. dated November 17. 2016. Pro;. 10;29'2(11 NOTE: EXCEPTION(S)1, 2,3 and 4 WILL NOT APPEAR IN THE POLICIES TO DE ISSUED HEREUNDER. • The Owner's Policy of Title iusurtttice committed for in this CominilnIent: if any. shall contain. in addition to the Items set forth in Schedule 13 - Scction 2. the following items: ill The Deed of Trust. if ant-. required under Schealule 13 - Section 1. (2) Unpatented mining claims: reservations or exceptions in patents or in .lets authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sates. ()TF: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company_ 1 :Nn request_ the Company vv ill provide a copy of this clause and the accompanying arbitration rules prior to the closing: ofthe transaction. American Land Title Association Commitment Schedule 13 - Section 2 Form 1004-12 COMMONWYE.1LTH TITLE COMIPANV PRIVACY POLICY We Are Committed to Safeguarding Customer Information hi order to better sere your needs now and in the Suture_ v c matt ask you to provide us %vial certain information. We understand that you may be concerned about what we will do with such intoi:llaatioil - particularly any personal or final -16a] information. We time that you have a right to know how we will utilize the personal information }'ou provide to us. Therefore, IV'C have adopted ted this Privacy Polio. to 20\Irt1 tllc LISt and handl111a Ol your pers4lntli Ullbrn anon. :tppliciibilitr 'I -his Privacy Policy' ,(.Steeds our use of the information which you provide to us. 11 does not govern the manner in which vt'e may intormutuon ;1-t have obtained from any other source, such its infoi'II1atioI: obtained fron, a public record or from attlother person or entity . Types of Information t)epencling upon which of our services E on are utilizing- the types cf nonpublic personal information that we may eolteel include: a Information we receive from you on appli'cations, Thrms and in other c intnttlnications to us. whether in writing, in person. by telephone or any caller means. liilin'ination about your transactions vsvith us_ our affiliated companies. or others: and Information we receive from a elnsun;er reporting agency. ( se of Information \\'c', request inftmnation Inim you for our olid legitimate business purposes and not for the Luneiit nt any i;onaitlhated party. "l lierefiire. '-+e will nut release your information to nonaffiliated parties except: ( 11 as necessary for us to provide the product or -=rr ice you have requested of us: or (2) as permitted by law. We may, however, store such information indefinitely. including the period atter 11'tlleh any customer relationship has ceased. Such inlornlatinn may be used for any internal purpose, such as quality control efforts or custor,i. r analysis. We play also provide all of the types of nonpublic personal i hi-mation listed above to one or more o; 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 rea; estate services- such as appraisal comp unies. home warranty companies. and escrow companies. Furthermore, we may also provide all the information we collect, as described above to companies that perform market -Ma services on our behalf. on behalf of our affiliated companies. or to other financial institutions with wont we or our of filiated companies have joint marketing agreements_ Former Customers liven i1' you are no longer our customer, our Privacy Policy -will continue to apply to you. Confidentiality and Security We will use our berg efforts to ensure that no unautihnrized parties have access to am ot-yaur information. We restrict access 10 nonpublic personal information about you to those individuals and entities who need to knovr that information to provide products ar services t0 1'00. 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, EXHIBIT L April 27, 2018 Red Barn Guest Ranch C/O Mr. Larry Halonen 26432 El Mar Drive Mission Viejo,. CA 92691 MOUNTAIN CROSS ENGINEERING, INC. Civil and Environmental Consulting and Design RE: Red ll3arn Guest Ranch, 345 Mid Valley Lane, Newcastle, CO — OWTS and Porta -Potty Count Dear Larry: The purpose of this corrin spondence is to respond to your question concerning OWTS sizing. It is my understanding from our conversation that the Red Barn will no Longer by remodeled to include bathroom facilities. Instead, the Carriage House will be remodeled to provide public restrooms. This office has completed an OBITS design for a reception center for events serving up to 300 guests. The details of the design are in the report and plans dated June 19. 2017 as revised. The OW -1'S is sized for 300 guests regardless of where the bathroom facilities are Located; but the bathrooms must be connected to the OWTS. The interior plumbing from the bathrooms to be constructed in the Carriage House should be routed into the newly constructed OWTS. Concealing the number of porta-potties that would be required until the bathroom facilities are constructed: based on a 300 guest event lasting four to six hours with alcohol being served, you should pian on 6 porta-potties with at least ane being handicap accessible. Two hand washing stations should also be anticipated. The companies that would be providing the porta-potties will be able to estimate the number that would be required to serve a given event. They should be contacted to verify the numbers prior to contracting their services. The conclusions and opinions that. are expressed above are based on the information available at the time of preparation of this report. Any additional information presented afterward may require that these opinions and the design be modified. Thank you for the opportunity to provide this letter. 1 hope you find it useful. Feel free to call if you have any questions, concerns,, or comments. Sincerely, founlni a f 'rWss Engineer ng ltris Hale, PE 826 : Grand' Avenue, Glenwood Springs, CO 8160.1 P: 970.945,5544 F: 970.945.5558 www.mountaincrass-eng-com