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1.0 Application
T.O. Ranch Subdivision Garfield County, Colorado Administrative Review for an Amended Final Plat Intersection of County Road 100 and Colorado State Highway 82 Parcel ID# 2391-312-19-001 Prepared November 19, 2018 for: BlueMountain Garfield, LLC Mr. Andy Moszynski 845 Brush Creek Road Aspen, CO 81611 T.O. Ranch Subdivision Second Amended Final Plat Garfield County, Colorado 2 Table of Contents APPLICATION TEAM ........................................................................................................................... 3 4-203.B. PROJECT DESCRIPTION ..................................................................................................... 4 OVERVIEW .......................................................................................................................................... 4 4-203.B. PRE-APPLICATION CONFERENCE SUMMARY ................................................................. 6 4-203.B. APPLICATION FORM .......................................................................................................... 10 4-203.B. STATEMENT OF AUTHORITY ............................................................................................ 12 4-203.B. OWNERSHIP INFORMATION ............................................................................................. 16 4-203.B. PROPERTY OWNERS WITHIN 200’ ................................................................................... 22 4-203.B. MINERAL OWNERS AND LESSEES .................................................................................. 24 4-203.C. VICINITY MAP ..................................................................................................................... 25 4-203.K. WAIVER REQUEST FOR IMPROVEMENTS AGREEMENT .............................................. 26 DECLARATION OF COVENANTS ..................................................................................................... 27 TRAFFIC STUDY ................................................................................................................................ 35 EXHIBITS: ........................................................................................................................................... 35 J. EXISTING PLAT AND SECOND AMENDED FINAL PLAT ................................................................... 35 T.O. Ranch Subdivision Second Amended Final Plat Garfield County, Colorado 3 Application Team Applicant BlueMountain Garfield, LLC Contact: Andy Moszynski 845 Brush Creek Road Aspen, CO 81611 203.209.1717 andy@BlueMountainSelfStorage.com Land Owner JRP, L.L.C. Contact: James R. Pitts 485 CR 112 Carbondale, CO 81623 jim@landscapeworkshop.com Legal Counsel Balcomb & Green, P.C. Contact: Chad Lee 818 Colorado Ave Glenwood Springs, CO 81602 970.945.6546 clee@balcombgreen.com Civil Engineering/Survey Sopris Engineering, LLC. Contact: Yancy Nichol 502 Main Street Carbondale, CO 81623 970.704.0311 ynichol@sopriseng.com Land Planning The Land Studio, Inc. Contact: Doug Pratte 365 River Bend Way Glenwood Springs, Colorado 81601 970.927.3690 landstudio2@comcast.net Water Engineer Wright Water Engineers, Inc Contact: Jonathan Kelly 818 Colorado Avenue, Suite 307 Glenwood Springs, CO 81602 (970) 945-7755 jkelly@wrightwater.com Geotechnical Engineer H-P Kumar Contact: Steve Pawlak, P.E. 5020 County Road 154 Glenwood Springs, CO 81601 970.945.7988 hpkglenwood@kumarusa.com Traffic Engineer McDowell Engineering, LLC 1099 Capitol Street, Suite 208 Eagle, Colorado 970.623.0788 info@mcdowelleng.com T.O. Ranch Subdivision Second Amended Final Plat Garfield County, Colorado 4 4-203.B. Project Description Overview JRP, L.L.C., is the owner (Owner) of Lots 1, 2, and 3 of the T.O. Ranch Subdivision Amended Final Plat recorded at Reception #744578 on March 14, 2008 at the office of the Garfield County Clerk and Recorder (Exhibit A). The Owner seeks to amend the above T.O. Ranch Subdivision Amended Final Plat per the attached Second Amended Final Plat of the T.O. Ranch Subdivision (Exhibit B). The Title Commitment identifying ownership by JRP, L.L.C. is included in this application. The purpose of the proposed T.O. Ranch Subdivision Second Amended Final Plat is to adjust the land use summary table to accommodate non-residential floor area on Lot 1, amend the east property boundary to accurately reflect the deeded County Road 100 right-of-way, remove the building envelope for Lot 1, update the easements on Lot 1, and update the notes to reflect modifications to the Declaration of Protective Covenants for the T.O. Ranch Subdivision and elimination of reference to the T.O. Ranch Homeowners Association, Inc., which is being dissolved. The proposed Second Amended and Restated Declaration of Protective Covenants for the T.O. Ranch Subdivision are included in this application. This Application is intended to reflect the needed T.O. Ranch Subdivision plat amendments related to the non-residential proposed uses in the Limited Impact Review for a Mini Storage Application prepared by BlueMountain Garfield, LLC for Lot 1 of the T.O. Ranch Subdivision and submitted to Garfield County as a separate Application. Please refer to the Limited Impact Review Application for details related to the fully enclosed, fully sprinklered, indoor, climate-controlled, Self Storage Facility to be located on Lot 1 of the T.O. Ranch Subdivision with Garfield County Parcel #2391-312-19-001 at the northwest corner of County Road 100 (Catherine Store Road) and Colorado State Highway 82. While this Application is for Administrative Review of the Second Amended Final Plat, the Self Storage Application requires a more extensive Limited Impact Review by Garfield County. The Applicant anticipates that this Administrative Review Application and the Self Storage Limited Impact Review Application may be reviewed concurrently by Garfield County and entitlements may be conditioned on approval of both Applications. The proposed Second Amended Final Plat of the T.O. Ranch Subdivision may result in changes that would affect applicable Subdivision and Article 7 topics or standards. Proposed uses in the Self Storage Application address the applicable Article 7 Standards in that Application. Again, it is anticipated that the Second Amended Final Plat of the T.O. Ranch Subdivision Administrative Review Application and the Self Storage Limited Impact Review Application may be reviewed concurrently, and the T.O. Ranch Subdivision Second Amended Final Plat Garfield County, Colorado 5 applicable Standards for the Self Storage Use are addressed in the Limited Impact Review Application. This Application is intended to meet the requirements identified in the following Pre- Application Conference Summary per the meeting held with Glenn Hartmann on January 10, 2018. T.O. Ranch Subdivision Second Amended Final Plat Garfield County, Colorado 6 4-203.B. Pre-Application Conference Summary Gørfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (e70) e4s-8212 www. garfield-countv.com PRE.APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2391-312-1 9-001 2391-312-19-002 3291-312-19-003 DATE: 1110118 PROJECT: Amended Plat T.O. Ranch Subdivision OWNER: JRP LLC REPRESENTATIVES: Chad Lee, Attorney & Doug Pratte, Planner PRACTICAL LOCATION: Northwest of the County Road 100 and Hwy 82 lntersection, approximately 3.5 miles east of the Town of Carbondale, in Section 31, T7S, R87W of the 6th P.M. TYPE OF APPLICATION: Amended Final Plat ZONING: Rural (R) I. GENERAL PROJECT DESCRIPTION The property owner desires to amend the Final Plat for the T.O. Ranch Subdivision to allow for uses other than residential. The original subdivision approvals were based on the submittals and representations that the subdivision was to be only for residential uses. This is reflected in the submittals documentation including traffic analyses and in plat notes included on the Subdivision Plat. Consultation with the County Attorney's Office has confirmed that an Amended Plat to remove plat note restrictions is required in order to allow commercial or industrial type uses. No other changes are proposed for the Subdivision. 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: T.O. Ranch Subdivision Second Amended Final Plat Garfield County, Colorado 7 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. The narrative needs to address the Review Criteria in Section 5-305(C). 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. (information on how mineral rights were researched needs to be provided). then an authorization letter is needed. other modifications and including all required certificates and signature blocks. information will be required. should include that area within approximately 3 miles of the proposal and be on an 8Tr" x 11 " format to allow attachment to the public notice. Agreement. Reference to the waiver criteria in Section 4-118 should be included. will not result in any changes that would affect applicable Subdivision and Article 7 topics or standards. T.O. Ranch Subdivision Second Amended Final Plat Garfield County, Colorado 8 recommended. impacts associated with allowing commercial or industrial (i.e. non-residential) uses. The Applicant should review the original submittals to confirm if any other representations need to be updated. 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, Homeowners Association, if applicable. V. APPLICATION REVIEW FEES Planning Review Fees Referral Agency Fees: Total Deposit: $1 00 $na $r00 (additional hours are billed at hourly rate of $40.50) T.O. Ranch Subdivision Second Amended Final Plat Garfield County, Colorado 9 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 Summary Prepared bv: rlru tl,,lt r Glenn Hartmann, Principal Planner Date Community Development Department Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com TYPE OF SUBDIVISION/EXEMPTION o Minor Subdivision o Preliminary Plan Amendment o Major Subdivision n Final Plat Amendment o Sketch Preliminary Final o Common Interest Community Subdivision Conservation Subdivision o Public/County Road Split Exemption o Yield Sketch Preliminary Final o Rural Land Development Exemption o Time Extension INVOLVED PARTIES Owner/Applicant Name: BlueMountain Garfield, LLC (Applicant) Mailing Address: _845 Brush Creek City: Aspen State: CO E-mail:_andy@BlueMountainSelfStorage.com Phone: (_203 )_209-1717 Zip Code: 81611 _ _ Representative (Authorization Required) Name: The Land Studio, Inc. Mailing Address: _365 River Bend Way City: Glenwood Springs State: CO E-mail:_landstudio2@comcast.net Phone: (_970 )_927-3690 Zip Code: 81601 _ _ PROJECT NAME AND LOCATION Project Name: Blue Mountain Self Storage_Amended Plat_Application Assessor’s Parcel Number: _2391 - 312 - 19_ - 00_1 _ Physical/Street Address: _County Road 100 & Highway 82, Garfield County, CO Legal Description: _See Attached Title Commitment Zone District: Rural Property Size (acres): _5.988 Acres 108 8th Street, Suite 401 DIVISIONS OF LAND APPLICATION FORM T.O. Ranch Subdivision Second Amended Final Plat Garfield County, Colorado 12 4-203.B. Statement of Authority T.O. Ranch Subdivision Second Amended Final Plat Garfield County, Colorado 13 T.O. Ranch Subdivision Second Amended Final Plat Garfield County, Colorado 14 September 12,2018 Garfield County Community Development Department 108 8'' Street, Suite 401 Glenwood Springs, CO 81601 RE: Limited Impact Review Application and Final Plat Amendment for T.O. Ranch Subdivision . Dear Garfield County, BlueMountain Garfield, LLC has authorized Douglas and Julie Pratte of The Land Studio, Inc. to act in all respects as the authorized representative of BlueMountain Garfield, LLC to submit and process the above-referenced application. The contact information for The Land Studio Inc, is: Douglas and Julie Pratte The Land Studio, Inc. 365 River Bend Way Glenwood Springs, CO 81601 (970)927-3690 phone landstudio2 @ comcast .net Sincerely, Andy ^^oszynski BlueMountain Garfield, LLC T.O. Ranch Subdivision Second Amended Final Plat Garfield County, Colorado 15 T.O. Ranch Subdivision Second Amended Final Plat Garfield County, Colorado 16 4-203.B. Ownership Information 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: June 19, 2018 File No. 1806033-1 Property Address. , Carbondale Tax Information Listing Agent Selling Agent Coldwell Banker Mason & Morse 290 Highway 133 Carbondale, CO 81623 Attn: Jim Cardamone Email: jcardamone@masonmorse.com Coldwell Banker Mason & Morse: 290 Highway 133 Carbondale, CO 81623 Attn: Jim Cardamone Email: jcardamone@masonmorse.com Buyer Attorney BlueMountain Garfield, LLC, a Colorado limited liability company Email: andy@bluemountainselfstorage.com Balcomb & Green PO Drawer 790 Glenwood Springs , CO 81601 Attn: Chad Lee - Britt Choate Email:clee@balcombgreen.com; brittc@balcombgreen.com Seller Attorney JRP L.L.C., a Colorado limited liability company Email: jim@landscapeworkshopinc.com Preeo Silverman Green & Egle, PC 6465 Greenwod Plaza Blvd., Suite 1025 Centennial, CO 80111 Attn: Robert L. Preeo Email:rpreeo@preeosilv.com Closing Contacts Glenwood Springs office - 970-945-4444 Linda Gabossi - linda@cwtrifle.com Connie Rose Robertson - connie@cwtrifle.com Rifle office - 970-625-3300 Denna Conwell - denna@cwtrifle.com Patti Reich - patti@cwtrifle.com T.O. Ranch Subdivision Second Amended Final Plat Garfield County, Colorado 17 COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 1806033-1 1. Effective Date: June 12, 2018 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) $1,500,000.00 Proposed Insured: BlueMountain Garfield, LLC, a Colorado limited liability company (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: JRP L.L.C., a Colorado limited liability company 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: Lot 1 Amended Final Plat T.O. Ranch Subdivision According to the plat thereof recorded March 14, 2008 as Reception No. 744578 TITLE CHARGES Owner's Policy Standard Coverage $3,055.00 Owner's Extended Coverage 75.00 Tax Certificate 15.00 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 T.O. Ranch Subdivision Second Amended Final Plat Garfield County, Colorado 18 File No. 1806033-1 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. Special Warranty Deed from JRP L.L.C., a Colorado limited liability company vesting fee simple title in BlueMountain Garfield, LLC, a Colorado limited liability company. 2. Note: Per Statement of Authority recorded July 21, 2004 in Book 1606 at Page 667 the person(s) authorized to execute instruments conveying, encumbering or otherwise affecting title to real property are James R. Pitts, Manager on behalf of JRP, L.L.C., a Colorado limited liability company 3. Recordation of a Statement of Authority for BlueMountain Garfield, LLC, a Colorado limited liability company, evidencing the existence of the entity and authority of the person authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity, and containing the other information required by CRS 38-30-172, evidencing the existence of said entity prior to its acquisition of title to the land herein. 4. Execution of a Final Affidavit and Agreement indemnifying the Company against unfiled mechanic's and materialmen's liens. 5. Receipt of satisfactory approval from Commonwealth Land Title for the issuance of the policy described herein. 6. The Company must be furnished a copy of (1) the articles of organization, (2) written operating agreement and all amendments thereto, (3) current membership roster and (4) a certificate of good standing (or current registration) of said limited liability company. Unless the deed is executed by all members, we must also be furnished 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 deed as required under applicable law and the governing documents have been conducted, given or properly waived. NM 6 American Land Title Association Commitment Schedule B - Section 1 - Form 1004-5 T.O. Ranch Subdivision Second Amended Final Plat Garfield County, Colorado 19 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. T.O. Ranch Subdivision Second Amended Final Plat Garfield County, Colorado 20 File No. 1806033-1 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. Note: This exception will be deleted on the final policy upon compliance with the requirements herein. 2. Easements, or claims of easements, not shown by the public records. Note: This exception will be deleted on the final policy upon compliance with the requirements herein. 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. Note: This exception will be deleted on the final policy upon compliance with the requirements herein. 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. Note: Exception No. 4 will be deleted upon receipt of Final Affidavits and Agreements indemnifying the Company against unfiled mechanic's and materialmen's liens. 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. Note: Exception 5 will be deleted on the final policy if Commonwealth Title Company of Garfield County, Inc. closes the proposed transaction and records the applicable instruments of conveyance. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. Note: Exception 6 will read: "General taxes and assessments for the year 2017 and thereafter, not yet due and payable." on the final policy if Commonwealth Title Company of Garfield County, Inc. closes the proposed transaction. 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 June 24, 1895 as Reception No. 18504 . 10. Right of way for ditches and canals in place and in use. 11. Right of way easement granted to Rocky Mountain Natural Gas Company, Inc. in instrument recorded October 19, 1961 in Book 337 at Page 236. 12. Protective Covenants contained in instrument recorded February 3, 1971 in Book 416 at Page 578. 13. Terms and conditions set forth in Warranty Deed recorded June 22, 1992 in Book 834 at Page 584. 14. Water Allotment contract as evidenced in Memorandum recorded August 12, 1998 in Book 1083 at Page 131, September 16, 1998 in Book 1088 at Page 800, November 10, 1999 in Book 1160 at Page 821 and October 24, 2000 in Book 1214 at Page 120. 15. Garfield County Resolution No. 2001-76 recorded October 31, 2001 in Book 1298 at Page 378. 16. Terms and conditions of Subdivision Improvements Agreement recorded May 14, 2002 in Book 1354 at Page 884 and Addendum recorded May 14, 2002 in Book 1354 at Page 894. 17. Terms, conditions, restrictions and all matters set forth in Amended and Restated Declaration of Protective Covenants for the T.O. Ranch Subdivision recorded October 8, 2007 at Reception No. 734773. 18. Terms and conditions of Trench, Conduit and Vault Agreement recorded May 20, 2002 in Book 1356 at Page 3. (Continued) T.O. Ranch Subdivision Second Amended Final Plat Garfield County, Colorado 21 File No. 1806033-1 SCHEDULE B - SECTION 2 (Continued) 19. Right of Way Easement granted to Holy Cross Electric Association Inc. in instrument recorded December 2, 1970 in Book 415 at Page 284. 20. Easements, rights of way and all matters shown on the Final Plat of T.O Ranch Subdivision recorded May 14, 2002 as Reception No. 603359. 21. Easements, rights of way and all other matters shown on the Amended Final Plat of T.O. Ranch Subdivision recorded March 14, 2008 as Reception No. 744578. 22. Terms and conditions of Termination of Protective covenants recorded June 4, 2018 as Reception No. 907526 NOTE: EXCEPTION(S) 1,2,3 and 4 WILL NOT APPEAR IN THE OWNER'S 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 T.O. Ranch Subdivision Second Amended Final Plat Garfield County, Colorado 22 4-203.B. Property Owners within 200’ Garfield County, Colorado Printed: 7/25/2018 at 1 0:29:07 AM Disclaimer This is a compilation of records as they appear in the Garfield County Office s aff ecting the area shown. This drawing is to be used only f or referenc e purposes and the County is not responsible for any inacc uracies herein contained. Garfield Co unty La nd Explo rer Copyright Garfield County, Colorado | All Rights Reserved© Garfield County Land Explorer ¬1 inch = 37 6 feet 1 inch = 0.07 m ile s 0 0.1 0.20.05 Miles Garfield Cou nty Colorado Garfield County Colorado www.garfield-county.com Gar field County Pr inted by Web User T.O. Ranch Subdivision Second Amended Final Plat Garfield County, Colorado 23 T.O. Ranch Subdivision Second Amended Final Plat Garfield County, Colorado 24 4-203.B. Mineral Owners and Lessees T.O. Ranch Subdivision Second Amended Final Plat Garfield County, Colorado 25 4-203.C. Vicinity Map Garfield County, Colorado Printed: 7/25 /2018 at 8 :38:11 AM Disc laimer This is a compilation of records as they appear in the Garfield County Offices affecting the area shown. This drawing is to be used only for refere nc e purpose s and the County is not responsible for any inaccuracies herein containe d. Garfie ld County Land Explo rer Copyright Garfie ld County, Colorado | A ll Rights Reserved© Garfield County Land Explorer ¬1 inch = 1,505 fe et 1 inch = 0.28 m ile s 0 0.4 0.80.2 Miles Garfie ld County Colorado Garfield County Colorado www.gar field-county.com Gar field County Printed by Web User Site T.O. Ranch Subdivision Second Amended Final Plat Garfield County, Colorado 26 4-203.K. Waiver Request for Improvements Agreement The Land Studio, Inc. 365 River Bend Way • Glenwood Springs, CO 81601 • Tel 970 927 3690 • landstudio2@comcast.net October 24, 2018 Mr. Glenn Hartmann, Senior Planner Garfield County Building and Planning Department 108 8th St., Suite 401 Glenwood Springs, CO 81601 Re: Amended Plat T.O. Ranch Subdivision Owners: JRP LLC Dear Glenn, The Applicant for Parcels 2391-312-19-001, 2391-312-19-002, and 2391-312-19-003, would like to request a waiver from submittal of an Improvements Agreements as defined in Section 4-203.K of the Garfield County Land Use and Development Code Waiver Request The Applicant requests this waiver as no public improvements are proposed as part of this Second Amended Final Plat for T.O. Ranch Subdivision 4-118 Waiver of Standards C. Review Criteria. A waiver may be approved if the Applicant demonstrates that the following criteria have been met by the proposed alternative: 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. The applicant feels a wavier from the requirement of an Improvements Agreement meets the above criteria as the Second Amended Final Plat will not change the intent of the subject standard or cause impacts on adjacent properties other than would occur through compliance with the Code. 4-202. Waiver Of Submission Requirements A waiver request shall be considered based on the following criteria: 1. The Applicant shows good cause for the requested waiver; 2. The project size, complexity, anticipated impacts, or other factors support a waiver; 3. The waiver does not compromise a proper and complete review; and 4. The information is not material to describing the proposal or demonstrating compliance with approval criteria. The applicant also feels a waiver from the submission requirement to submit an Improvements Agreement will in no way compromise a complete review of the proposed Limited Impact Review for Mini Storage. Please call to discuss as necessary and thank you for your attention to this request. Sincerely, THE LAND STUDIO, INC By: _____________________________ Douglas J. Pratte T.O. Ranch Subdivision Second Amended Final Plat Garfield County, Colorado 27 Declaration of Covenants Second Amended and Restated Declaration of Protective Covenants for The T.O. Ranch Subdivision Page 1 of 8 SECOND AMENDED AND RESTATED DECLARATION OF PROTECTIVE COVENANTS FOR The T.O. Ranch Subdivision THIS SECOND AMENDED AND RESTATED DECLARATION OF PROTECTIVE COVENANTS FOR THE T.O. RANCH SUBDIVISION (“Declaration”) consisting of Lots 1, 2, and 3, T.O. Ranch Subdivision according to the Amended Final Plat thereof recorded March 14, 2008 as Reception No. 744578 (“Final Plat”) is made and entered into this _____ day of _________________, 2018 by JRP, L.L.C., a Colorado limited liability company, the Declarant hereunder. WHEREAS, the original Declaration of Protective Covenants was recorded on May 14, 2002 as Reception No. 603360 in the Office of the Clerk and Recorder of Garfield County, Colorado (“Original Declaration”) in conjunction with approval of the T.O. Ranch Subdivision (“Subdivision”) more particularly described within Article I of this Declaration; and WHEREAS, the Declaration was mistakenly terminated pursuant to Termination Declaration recorded on September 4, 2007 as Reception No. 732180 in the Office of the Clerk and Recorder of Garfield County, Colorado (“Termination”); and WHEREAS, Declarant caused an Amended and Restated Declaration of Protective Covenants to be recorded on October 8, 2007 as Reception No. 734773 in the Office of the Clerk and Recorder of Garfield County, Colorado (“Amended Declaration”) to reinstate the Declaration; and WHEREAS, on _____________, 2018 the Garfield County Board of County Commissioners approved the Second Amended Final Plat of the T.O. Ranch Subdivision, which was subsequently recorded on ________________________, 2018 as Reception No. _______________ (“Second Amended Plat”); and WHEREAS, contemporaneously with the approval of the Second Amended Plat the Garfield County Board of County Commissioners approved this Second Amended and Restated Declaration; and WHEREAS, Declarant intends that this Declaration replace and supersede the Original Declaration and Amended Declaration; and WHEREAS, Declarant seeks to record this Declaration with the Office of the Clerk and Recorder of Garfield County, Colorado. NOW, THEREFORE, Declarant hereby declares that the real property is held, sold, conveyed and occupied subject to the conditions, covenants, restrictions, easements, charges and liens hereinafter set forth. T.O. Ranch Subdivision Second Amended Final Plat Garfield County, Colorado 28 Second Amended and Restated Declaration of Protective Covenants for The T.O. Ranch Subdivision Page 3 of 8 person. The assumed number of persons is six persons (first three bedrooms x two persons per bedroom) plus one additional person for each bedroom more than three bedrooms in accordance with Regulation 43, Section, 43.6, A.2. E. The minimum OWTS wastewater design flow values and strengths for commercial and multi-family units must be determined, for design purposes, from table values of estimated daily wastewater flows or an analysis of flows and strengths from comparable facilities in accordance with Regulation 43 Table 6-2, Section 43.6, A.4. F. Each OWTS in the subdivision must be designed based on a minimum treatment level 3 that can be achieved by incorporating various OWTS components in the design, as approved under section G. The OWTS design shall be capable of producing effluent quality, at prior to infiltration into the ground, which meets or exceeds the requirements of the United States Environmental Protection Agency for Secondary wastewater treatment [30mg/L biological oxygen demand (BOD) and 30mg/L total suspended solids (TSS)]. All OWTS must be designed as pressure dosed systems and constructed to achieve treatment level 3 (TL3) specified by the design to be in compliance with the provisions of Regulation 43, Section 43.6, B and with respect to the included Tables 6-3 and 6-4. H. Horizontal distances from the various components of a system to pertinent terrain features, including streams, lakes, water courses, springs, wetlands, wells, subsurface drains, cisterns, water lines, suction lines, dry gulches, cut banks, dwellings, other occupied buildings and property lines, must be in accordance with Regulation 43, Section 43.7, and the setback distance indicated in Tables 7-1 and 7-2. I. Each OWTS in the subdivision must be designed with specified components to be installed and constructed in accordance with the provisions in Regulation 43 covering general design criteria, Section 43.8, component design criteria, Section 43.9, soil treatment area, Section 43.10. and Design Criteria – Higher Level Treatment Systems, Section 43.11 J. Each owner in the subdivision must obtain final approval of a OWTS permit by the local public health agency, following installation and startup, that must include, receipt of letter from the design engineer certifying construction of the OWTS as per the approved design plan and receipt of a record drawing which includes a scale drawing showing all components of the OWTS including their location from known and findable points, dimensions, depths, sizes, manufacturers’ names and models as available, and other information relative to locating and maintaining the OWTS components. K. All system inspections, monitoring, effluent quality sampling, documentation, maintenance requirements, record drawings and certification letter to be in accordance with Regulation 43 Applicability, Section 43.4 and Operation and Maintenance Section 43.14. L. The owner must be responsible for maintenance of an OWTS, to be performed by a qualified service provider, pursuant to the provisions of the Garfield County OWTS Regulations. For the required higher level treatment systems with applicable components under a service contract, a clearly visible, permanently attached label or plate giving instructions for obtaining service must be placed at a conspicuous location. For an OWTS for which monitoring and sampling of effluent is T.O. Ranch Subdivision Second Amended Final Plat Garfield County, Colorado 29 Second Amended and Restated Declaration of Protective Covenants for The T.O. Ranch Subdivision Page 2 of 8 ARTICLE I. PURPOSE OF COVENANTS This Declaration shall govern and be applicable to that certain real property situated in Garfield County, Colorado, known as T.O. Ranch Subdivision consisting of three (3) lots (“Lots”) as defined and described in the Second Amended Plat. It is the purpose of this Declaration to allocate the costs and responsibilities of all common elements, maintenance and operation of On-site Wastewater Treatment Systems, as well as provide rules for the protection of the natural environment. This Second Declaration shall be a burden upon and run with all of the lands within the Subdivision. ARTICLE II. ISTS DESIGN AND PERFORMANCE STANDARDS All On-site Wastewater Treatment Systems (OWTS) in the State of Colorado are subject to the established minimum standards for the location, design, construction, performance, installation, maintenance, alteration and use of OWTS under the Colorado Department of Public Health and Environment (CDPHE), Water Quality Control Commission (WQCD), pursuant to: REGULATION NO. 43 - ON-SITE WASTEWATER TREATMENT SYSTEM REGULATION5 CCR 1002-43 The current and most recent version of this State regulation as amended by the Garfield County Board of Health and adopted as the Garfield County OWTS Regulations will apply to every On-site Wastewater Treatment Systems (OWTS) installed within the Subdivision and further comply with the following specific requirements: A. Regulation 43, as authorized by the On-site Wastewater Treatment System Act, C.R.S. § 25-10-101, established the minimum requirements for the adopted Garfield County OWTS Regulations including but not limited to permit application requirements; requirements for issuing permits; the inspection, testing, and supervision of installed systems; the maintenance and cleaning of systems; the disposal of waste material and the issuance of cease and desist orders. B. Each OWTS in the subdivision must be designed by a professional engineer registered in the State of Colorado pursuant to C.R.S. Section 12-25-1. C. A site and soil evaluation must be conducted for each property on which an OWTS is proposed, to determine the suitability of a location to support an OWTS, and to provide the designer a sound basis to select the most appropriate OWTS design for the location and application. Each site evaluation must include: preliminary investigation, site reconnaissance, detailed soil investigation, and a report and site plan. A written report must describe the results of the preliminary investigation, reconnaissance, and detailed evaluations. The report may be in text and/or tabular form and must include a drawing locating features relative to the proposed OWTS location and test locations. The report may be included as part of the OWTS design document prepared in accordance with Regulation 43, Section, 43.5, A–I. D. The minimum OWTS wastewater design flow for a new home must be for a four- bedroom residence that equates to 425 gallons per day (gpd) based on 75 gallons per day (gpd) per T.O. Ranch Subdivision Second Amended Final Plat Garfield County, Colorado 30 Second Amended and Restated Declaration of Protective Covenants for The T.O. Ranch Subdivision Page 5 of 8 records of testing results to ensure compliance with the Garfield County OWTS Regulations, any permit conditions the and the OWTS Maintenance Plan set forth in this Article. B. The qualified maintenance provider, under contract with the owner must, as required by regulation, notify the local public health agency when a service contract has been terminated. The qualified maintenance provider must obtain and hold appropriate training/certification for specific proprietary or generally approved treatment products as provided by the manufacturer or other qualified license/certifications (e.g. CPOW, NAWT, LPHA, CDPHE) necessary to provide the required operation and maintenance for the applicable OWTS. For an OWTS for which monitoring and sampling of effluent is required the qualified maintenance provider may be required to collect, test effluent samples and maintain records of testing results to ensure compliance with the Garfield County OWTS Regulations, any permit conditions the and the OWTS Maintenance Plan set forth in this Article. C. As a condition of OWTS permit approval and acceptance Garfield County may adopt regulations or issue site specific conditions requiring the scheduling of system maintenance/ cleaning, practices adequate to ensure performance of an OWTS, system monitoring, effluent sampling and require submission of proof of maintenance and effluent sampling to the County by the owner of the system. The County may include site specific permit conditions, pursuant to the Garfield County OWTS Regulations, to ensure that the systems are meeting the designed higher level treatment standards in accordance with the provisions of the Garfield County OWTS Regulations and the OWTS Maintenance Plan set forth in this Article. Pursuant to the Garfield County OWTS Regulations, a condition for use of an OWTS may require routine monitoring and effluent sampling for systems located in sensitive areas, Experimental systems; and/or Systems under product development permits. Enforcement of these regulations and/or conditions will remain with the Garfield County entity acting as the local board of health. Sampling may be required by the local public health agency in conjunction with an enforcement action at the owner’s expense. D. The provisions of this Article III, shall not be amended or repealed by the Declarant or Lot Owners without the written consent of the Board of County Commissioners for Garfield County, Colorado ARTICLE IV. COST SHARING AND USE OF T.O. RANCH LANE A. Use of T.O. Ranch Lane. T.O. Ranch Lane (“Shared Roadway”), as depicted on the Second Amended Plat, shall be utilized by the owners of Lots 1, 2, and 3, T.O. Ranch Subdivision, and their respective tenants, guests, licensees and invitees, as the primary vehicular and pedestrian ingress and egress to and from each Lot. All use of the Shared Roadway shall be conducted in such a manner so that it does not unreasonably damage the Shared Roadway or any related improvement or unreasonably interfere with the free right and enjoyment of the Shared Roadway by other users. B. Maintenance of Shared Roadway. The three Lot owners shall equally share the costs of operating, maintaining, repairing, and replacing the Shared Roadway one-third (1/3) each, which costs shall include, but not necessarily be limited to, snow removal, vegetation control, maintenance of signs, and operation and maintenance of any and all ditches and drainage facilities related to the Shared Roadway. Both parties shall have the authority to perform operation and maintenance activities on the T.O. Ranch Subdivision Second Amended Final Plat Garfield County, Colorado 31 Second Amended and Restated Declaration of Protective Covenants for The T.O. Ranch Subdivision Page 6 of 8 Shared Roadway without prior notice to the other party, except that in the event the cost of any act of operation or maintenance upon the Shared Roadway is estimated to be more than $5,000.00 the party desiring to undertake such work shall meet and confer with the other party at least twenty (20) days in advance of commencing such work, unless such work is necessitated by an emergency, in which case the parties need only exercise good faith efforts to consult with one another prior to commencing any emergency work. During the second calendar quarter of each year the parties shall meet with one another, account for any work upon the Shared Roadway done by either party in the previous year, and financially reconcile between them so that the total cost of all work done in the previous year is shared equally. C. Damage to Roadway. In the event the Shared Roadway is damaged, and such damage is caused solely by the negligence of any Lot owner, their agents, tenants, guests, licensees and invitees, the Shared Roadway shall be repaired in a timely manner by the damaging party at such party’s sole expense. D. Easement of Utilities Under Roadway. There shall also be reserved unto each Lot owner an underground easement upon, across, and under T.O. Ranch Lane to the extent reasonably necessary for the purpose of installing, replacing, repairing, and maintaining cable television systems, master television antenna systems, fiber optic cables, security or similar systems, roads, walkways, bicycle pathways, drainage systems, irrigation systems, street lights signage, and all utilities, including but not limited to, meter boxes, telephone, gas, and electricity. The exercise of this utility easement shall not unreasonably interfere with the use of any Lot. Costs for the operating, maintenance, repair and replacement for any utility line shall be the sole responsibility of the beneficiary Lot owner thereof, or as otherwise agreed in writing by the Lot owners. ARTICLE V. GENERAL PROVISIONS A. Lighting. All exterior lighting shall be the minimum amount necessary for its intended purpose and shall be directed inward, towards the interior of the Subdivision. B. Declaration to Run. All of the covenants, conditions and restriction contained in this Declaration shall be a burden on the title to all of the lands in the Subdivision, the benefits thereof shall inure to the Owners, and the benefits and burdens of all said covenants, conditions and restrictions shall run with the title to all of the lands in the Subdivision. C. Termination of Declaration. In the event this Declaration has not been sooner lawfully terminated pursuant to any applicable laws of the State of Colorado and Garfield County, Colorado, and the provisions herein contained, this Declaration may be terminated on January 1, 2025, by a unanimous vote of all three Lot Owners and the consent of Garfield County. If this Declaration is not so terminated, then it shall continue to be in full force and effect for successive twenty-five (25) year periods unless, at the close of a twenty-five (25) year period, this Declaration is terminated by a unanimous vote of all three Lot Owners, together with approval from Garfield County In the event of any such termination, a properly certified copy of the resolution of termination shall be placed on record in Garfield County, Colorado, not more than six (6) months after the meeting at which such vote is cast. D. Amendment of Declaration. This Declaration may be amended by a unanimous vote of all three Lot Owners, provided a properly certified copy of the resolution of amendment be placed on T.O. Ranch Subdivision Second Amended Final Plat Garfield County, Colorado 32 Second Amended and Restated Declaration of Protective Covenants for The T.O. Ranch Subdivision Page 4 of 8 required, the owner is responsible for contracting with a qualified service provider under their maintenance contract or to a delegated third party to collect, test effluent samples and maintain records of testing results to ensure compliance with the provisions of the Garfield County OWTS Regulations, any permit conditions and the OWTS Maintenance Plan set forth in in Article III. M. The qualified maintenance provider, under contract with the owner must, hold appropriate training certification or license to provide the required operation and maintenance for the applicable OWTS. For an OWTS for which monitoring and sampling of effluent is required the qualified maintenance provider may be required to collect, test effluent samples and maintain records of testing results to ensure compliance with the provisions of the Garfield County OWTS Regulations, any permit conditions and the OWTS Maintenance Plan set forth in in Article III. N. As a condition of OWTS permit approval and acceptance Garfield County may adopt regulations or issue site specific conditions requiring the scheduling of system maintenance/cleaning, practices adequate to ensure performance of an OWTS, system monitoring, effluent sampling and require submission of proof of maintenance and effluent sampling to the County by the owner of the system. The County may include site specific permit conditions, pursuant to the Garfield County OWTS Regulations, to ensure that the systems are meeting the designed higher level treatment standards in accordance with the provisions of the Garfield County OWTS Regulations and the OWTS Maintenance Plan set forth in in Article III. O. Garfield County has the authority to enforce the maintenance, repair, regulatory actions as provided for by County OWTS Regulations to ensure that an Onsite Wastewater Treatment system (OWTS) Installed and located within the Lots is in good operating order in accordance with the terms and provisions of this Declaration and the provisions of applicable State and County regulations regarding OWTS. P. The provisions of this Article II, shall not be amended or repealed by the Declarant, or Lot Owners without the written consent of the Board of County Commissioners for Garfield County, Colorado ARTICLE III. ISTS MANAGEMENT PLAN A. Each Owner must be responsible for maintenance of an OWTS, to be performed by a qualified service provider, pursuant to the provisions of the Garfield County OWTS Regulations and the Design and Performance Standards set forth within Article II. For the required higher level treatment systems with applicable components under a service contract, a clearly visible, permanently attached label or plate giving instructions for obtaining service must be placed at a conspicuous location. For higher level treatment systems, two inspections at six-month intervals are required for the life of the system. The owner must maintain an active service contract with a qualified maintenance provider at all times and each time his/her current contract with a maintenance provider is renewed or replaced, the owner is required to send a copy to the Garfield County entity acting as the local board of health within 30 days of signing. For an OWTS for which monitoring and sampling of effluent is required the owner is responsible for contracting with a qualified service provider under their maintenance contract or to a delegated third party to collect, test effluent samples and maintain T.O. Ranch Subdivision Second Amended Final Plat Garfield County, Colorado 33 Second Amended and Restated Declaration of Protective Covenants for The T.O. Ranch Subdivision Page 7 of 8 record in Garfield County, Colorado, no more than six (6) months after said meeting, and provided that Articles II and III may not be amended without consent from Garfield County. E. Severability. Should any part or parts of this Declaration be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Declaration. F. Paragraph Headings. The paragraph headings within this Declaration are for convenience only and shall not be construed to be a specific part of the terms hereof. IN WITNESS WHEROF, the Declarant has executed this Declaration on the date set forth above. JRP, L.L.C., a Colorado limited liability company By:_______________________________________ James Pitts, Manager T.O. Ranch Subdivision Second Amended Final Plat Garfield County, Colorado 34 Second Amended and Restated Declaration of Protective Covenants for The T.O. Ranch Subdivision Page 8 of 8 STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this ____ day of _______________, 2018 by James Pitts as Manager of JRP, L.L.C., a Colorado limited liability company. Witness my hand and official seal. My Commission Expires: . Notary Public T.O. Ranch Subdivision Second Amended Final Plat Garfield County, Colorado 35 Traffic Study As stated in the Project Description, This Amended Plat Application is intended to reflect the needed T.O. Ranch Subdivision plat amendments related to the non- residential proposed uses in the Limited Impact Review for a Mini Storage Application prepared by BlueMountain Garfield, LLC for Lot 1 of the T.O. Ranch Subdivision and submitted to Garfield County as a separate Application. Please refer to this Limited Impact Review Application for details related to the fully enclosed, fully sprinklered, indoor, climate-controlled, Self Storage Facility to be located on Lot 1 of the T.O. Ranch Subdivision with Garfield County Parcel #2391-312-19-001 at the northwest corner of County Road 100 (Catherine Store Road) and Colorado State Highway 82. A Complete Traffic Analysis has been included as an Exhibit to the Limited Impact Review Application. . Exhibits: J. Existing Plat and Second Amended Final Plat