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HomeMy WebLinkAbout1.0 ApplicationTABLE OF CONTENTS Section 1A Application Form Section 1C Statement of Authority Section 1D Payment Agreement Form Section 1E Ownership Documentation Section 1F Adjacent Property Owners Section 1G Mineral Owner Lessees Section 1H General Project Description Section 1I Pre-Application Form Section 2 Vicinity Map Section 3 Site Plan Section 4 Water Supply and Distribution Plan Section 5 Wastewater Management Plan Section 6 Article 7 Response Section 7 Access and Roadways Section 8 Article 5-301(C) Response Section 9 Preliminary Engineering Reports Section 10 Proposed Final Plat Section 11 Wastewater Plant Info Section 12 Testing Information Section 13 Proposed Covenants Section 14 Colorado Geological Survey Section 1A Application Form Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION Minor Subdivision Preliminary Plan Amendment Major Subdivision Final Plat Amendment Sketch Preliminary Final Common Interest Community Subdivision Conservation Subdivision Public/County Road Split Exemption Yield Sketch Preliminary Final Rural Land Development Exemption Time Extension Basic Correction Exemption INVOLVED PARTIES Owner/Applicant Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ Representative (Authorization Required) Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ PROJECT NAME AND LOCATION Project Name: _____________________________________________________________________________________ Assessor’s Parcel Number: ___ ___ ___ ___ - ___ ___ ___ - ___ ___ - ___ ___ ___ Physical/Street Address: ________________________________________________________________ Legal Description: ______________________________________________________________________ _____________________________________________________________________________________ Zone District: ___________________________________ Property Size (acres): __________________ Project Description Existing Use: __________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Proposed Use (From Use Table 3-403): _____________________________________________________ Description of Project: __________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Proposed Development Area Land Use Type # of Lots # of Units Acreage Parking Single Family Duplex Multi-Family Commercial Industrial Open Space Other Total REQUEST FOR WAIVERS Submission Requirements  The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: ______________________________ Section: _________________________________ Section: ______________________________ Section: _________________________________ Waiver of Standards  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 accurate to the best of my knowledge. ______________________________________________________ __________________________ Signature of Property Owner Date OFFICIAL USE ONLY File Number: __ __ __ __ - __ __ __ __ Fee Paid: $_____________________________ Section 1C Statement of Authority Section 1D Payment Agreement Form Section 1E Ownership Documentation Land Title Guarantee Company Date:June 21, 2017 JASON NEUMAN PO BOX 2317 GLENWOOD SPRINGS, CO 81601 jmn@dmneuman.com Subject: Attached Title Policy OX63011892.2352156 for TBD COUNTY ROAD 117, GLENWOOD SPRINGS, CO 81601 Enclosed please find the Owner's Title Insurance Policy for your purchase of the property listed above. This title policy is the final step in your real estate transaction, and we want to take a moment to remind you of its importance. Please review all information in this document carefully and be sure to safeguard this policy along with your other legal documents. Your owner's policy insures you as long as you own the property and requires no additional premium payments. Please feel free to contact any member of our staff if you have questions or concerns regarding your policy, or you may contact the Final Policy Department at Phone: 303-850-4158 or Email Address: finals@ltgc.com As a Colorado-owned and operated title company for over 45 years, with offices throughout the state, we take pride in serving our customers one transaction at a time. We sincerely appreciate your business and welcome the opportunity to assist you with any future real estate needs. Not only will Land Title be able to provide you with the title services quickly and professionally, but you may also be entitled to a discount on title premiums if you sell or refinance the property described in the enclosed policy. Thank you for giving us the opportunity to work with you on this transaction. We look forward to serving you again in the future. Sincerely, Land Title Guarantee Company OWNER'S POLICY OF TITLE INSURANCE ANY NOTICE OF CLAIM AND ANY OTHER NOTICE OR STATEMENT IN WRITING REQUIRED TO BE GIVEN TO THE COMPANY UNDER THIS POLICY MUST BE GIVEN TO THE COMPANY AT THE ADDRESS SHOWN IN SECTION 18 OF THE CONDITIONS. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (the "Company"), insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1.Title being vested other than as stated in Schedule A. 2.Any defect in or lien or encumbrance on the title; This covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3.Unmarketable Title. 4.No right of access to and from the Land. 5.The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6.An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7.The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8.Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9.Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10.Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions.OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY a Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 612) 371-1111 Issued through the Office of: LAND TITLE GUARANTEE COMPANY 3033 E 1ST AVE #600 DENVER, CO 80206 303-850-4165 John E. Freyer, Jr., President Mark Bilbrey, President Rande Yeager, Secretary Copyright 2006-2015 American Land Title Association. All rights reserved. The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY Adopted 6-17-06 ao.06.policy.pg1.ort.odt EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1.(a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4.4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b) or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured. (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defensed as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenue, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must to so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligation to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in the subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expensed incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons, Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim or loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law; The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum; Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at: 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111. ANTI-FRAUD STATEMENT: Pursuant to CRS 10-1-128(6)(a), it is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. This anti-fraud statement is affixed to and made a part of this policy. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY Adopted 6-17-06 Copyright 2006-2015 American Land Title Association. All rights reserved. ao.06.policy.cover.odt Land Title Guarantee Company Representing Old Republic National Title Insurance Company Schedule A Order Number: GW 63011892 Policy Number: OX63011892.2352156 Amount: $262,500.00 Property Address: TBD COUNTY ROAD 117, GLENWOOD SPRINGS, CO 81601 1.Policy Date: May 23, 2017 at 5:00 P.M. 2.Name of Insured: CAPPO PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY 3.The estate or interest in the Land described or referred to in this Schedule and which is covered by this policy is: A FEE SIMPLE 4.Title to the estate or interest covered by this policy at the date is vested in: CAPPO PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY 5.The Land referred to in this Policy is described as follows: SUNLIGHT PARKWAY 2ND AMENDED PLAT OF SUNLIGHT PARKWAY ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 1, 2014 AS RECEPTION NO. 856617. COUNTY OF GARFIELD STATE OF COLORADO This Policy Valid only if Schedule B is attached. Land Title Guarantee Company Representing Old Republic National Title Insurance Company (Schedule B) Policy Number OX63011892.2352156 Order Number 63011892 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1) ANY FACTS, RIGHTS, INTERESTS, OR CLAIMS THEREOF, NOT SHOWN BY THE PUBLIC RECORDS BUT THAT COULD BE ASCERTAINED BY AN INSPECTION OF THE LAND OR THAT MAY BE ASSERTED BY PERSONS IN POSSESSION OF THE LAND. 2) EASEMENTS, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOF, NOT SHOWN BY THE PUBLIC RECORDS. 3) ANY ENCROACHMENT, ENCUMBRANCE, VIOLATION, VARIATION, OR ADVERSE CIRCUMSTANCE AFFECTING THE TITLE THAT WOULD BE DISCLOSED BY AN ACCURATE AND COMPLETE LAND SURVEY OF THE LAND AND NOT SHOWN BY THE PUBLIC RECORDS. 4) ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS. 5) (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER. 6) RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 05, 1923, IN BOOK 73 AT PAGE 150 AND AT PAGE 151 AND RECORDED JUNE 20, 1893 IN BOOK 12 AT PAGE 233. 7) RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 05, 1923, IN BOOK 73 AT PAGE 150 AND AT PAGE 151 AND RECORDED JUNE 20, 1893 IN BOOK 12 AT PAGE 233. 8) UNDIVIDED ONE-HALF INTEREST IN ALL OIL, GAS AND OTHER MINERAL RIGHTS, AS RESERVED BY DAN C. WADSWORTH AND MARGARET WADSWORTH IN THE DEED TO J. HILTON WIX RECORDED JULY 27, 1948, IN BOOK 238 AT PAGE 83 AS RECEPTION NO. 165521, AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTERESTS THEREIN. 9) UNDIVIDED ONE-FOURTH INTEREST IN ALL OIL, GAS AND OTHER MINERAL RIGHTS, AS RESERVED BY J. HILTON WIX IN THE DEED TO OSCAR MATTHEWS AND BETTY MATTHEWS RECORDED SEPTEMBER 17, 1955, IN BOOK 287 AT PAGE 374 AS RECEPTION NO. 191425, AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTERESTS THEREIN. 10) UNDIVIDED ONE-QUARTER INTEREST IN ALL OIL, GAS AND OTHER MINERALS AS RESERVED BY RAYMOND SMALTZ IN THE DEED TO JOHN P. BERSHENYI AND CAROL A. BERSHENYI RECORDED NOVEMBER 1, 1951 IN BOOK 260 AT PAGE 546, AND ANY AND ALL ASSIGNMENTS THEREOF. (AFFECTS PARCEL A). 11) EASEMENTS AND RIGHTS OF WAY AS GRANTED TO PUBLIC SERVICE COMPANY IN INSTRUMENT RECORDED OCTOBER 20, 1959 IN BOOK 321 AT PAGE 126. 12) RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED NOVEMBER 25, 1974, IN BOOK 466 AT PAGE 556. Land Title Guarantee Company Representing Old Republic National Title Insurance Company (Schedule B) Policy Number OX63011892.2352156 Order Number 63011892 13) RIGHT OF WAY AND EASEMENT AS GRANTED TO ROCKY MOUNTAIN NATURAL GAS IN INSTRUMENT RECORDED JUNE 27, 1988 IN BOOK 736 AT PAGE 624. 14) EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF FINAL PLAT OF SUNLIGHT PARKWAY RECORDED APRIL 26, 1995 UNDER RECEPTION NO. 477155. 15) EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SHOWN ON PLAT OF SUNLIGHT PARKWAY RECORDED APRIL 26, 1995 AS RECEPTION NO. 477155 AND ON 1ST AMENDED PLAT OF SUNLIGHT PARKWAY RECORDED JULY 28, 2000 AS RECEPTION NO. 566968, AND 2ND AMENDED PLAT OF SUNLIGHT PARKWAY RECORDED DECEMBER 1, 2014 UNDER RECEPTION NO. 856617. 16) TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE ADJUSTMENT AFFIDAVIT RECORDED DECEMBER 10, 2014 AT RECEPTION NO. 856967. 17) EASEMENTS RIGHTS OF WAY FOR COUNTY ROAD 117. 18) MATTERS DISCLOSED ON ILC ISSUED BY SGM, CERTIFIED MAY 18, 2017, INCLUDING BUT LIMITED TO UNRECORDED UTILITY EASEMENT. SAID DOCUMENTS STORED AS OUR ESI 32959714 AND 32966339. Section 1F Adjacent Property Owners 4-203.B.3.a A list and a map of real property, the owners of record and mailing address, within a 200- foot radius of the subject parcel as shown in the Office of the County Clerk and Recorder. Said list shall be generated at least 15 days prior to sending public notice. Parcel #218534100014 Elk Meadows Properties LLC 2000 Town Center; Suite 1500 Southfield, MI 48075 Parcel #218534402005 John and Nancy Schneider PO BOX 1700 Glenwood Springs, CO 81602 Parcel #218534402007 Roaring Fork Land No6 LLC PO Box 81515 Wellesley Hills, MA 02481 Parcel #218534400021 William and Charlotte Zilm 0013 Laird Lane Glenwood Springs, CO 81601 Parcel #218534400020 Maria Claire Jacobi 5 Alpine Court Glenwood Springs, CO 81601 Parcel #218534400022 Justin Nordgaard & Sarah Talbott 12 Alpine Court Glenwood Springs, CO 81601 Parcel #239503204006 Sunlight View Water & Wastewater CO PO BOX 1943 Glenwood Springs, CO 81602 Parcel #218534301001 Creekside Assisted Living LLC 3490 County Road 117 Glenwood Springs, CO 81601-4538 Parcel #218534300008 Charles and Charlotte Lueders 25 County Road 149 Glenwood Springs, CO 81601 Parcel #218534300009 David and Ellen Conry 3397 County Road 117 Glenwood Springs, CO 81601 Parcel #218534300010 McClellan Properties Partnership PO BOX 2078 Glenwood Springs, CO 81602 Parcel #218534300011 McClellan Properties Partnership PO BOX 2078 Glenwood Springs, CO 81602 Parcel #218534300012 William Stark 303 Ivanhoe Street Denver, CO 80220-5841 Parcel #218534300024 Sandra Cline 677 Overlin Drive Glenwood Springs, CO 81601 Parcel #218534100014 Elk Meadows Properties LLC 2000 Town Center; Suite 1500 Southfield, MI 48075 Section 1G Mineral Owners and Lessees Mr. Waller – With the help of Beverly Eberle (Garfield County Recording Clerk) we were able to research the current owners of Mineral Interests for this given property. As a result of our research I have attached to this memo two packets of information (since this property used to be part of a larger piece of property prior to it being split into separate properties). These two packets represent a complete history of how this property was passed on from one owner to the next. Also attached is Schedule B of the Title commitment so that you can reference who the mineral rights owners are (items 8-10). Schedule B on the Title Commitment refers to 3 mineral rights owners (these can be found on items 8, 9 and 10). Here is how you can link this information to the two attached packets: • Item 8 (on Schedule B) references Reception Number 165521… this can be found in attached Packet 1 • Item 9 (on Schedule B) references Reception Number 191425… this can be found in attached Packet 1 • Item 10 (on Schedule B) references Book 260 at Page 546… this can be found in Packet 2 (Reception Number 177555) Below is the process (based on the County Attorney’s Office Memo regarding Mineral Interest Research) on how we were able to obtain this information… please feel free to contact me if you have any further questions. Thanks Richard Carter Item 1 Review the current ownership deed for the property (i.e. Warranty Deed, Special Warranty, Quit Claim Deed or Bargain and Sale Deed—NOT a Deed of Trust). The ownership deed is usually one or two pages. Is there a reservation of mineral interests on the ownership deed? Are there any exceptions to title? A deed may include a list of reservations that reference mineral owners or oil and gas leases. Response: Schedule B (items 8-10) of the current Title Commitment, gave us a starting point for researching current mineral owners. From here we were able to backtrack and then confirm the owners through researching past property owners… below is a summary of our research. Item 2 Review your title insurance policy. Are there exceptions to title listed under Schedule B-II? If so, review for mineral interests that were reserved and oil and gas leases. Response: Mineral Interests indicated on Schedule B of the current Title Commitment matches our research (refer to response of Item 8 Below). Item 3 Check with the Assessor’s office to determine if a mineral interest has been reserved from the subject property. The Assessor’s office no longer documents the mineral reservation ownership for its tax roll records unless ownership has been proven. There are only a limited number of mineral owners who have provided such information to the Assessor’s office so this may not provide any information, depending on your property. Response: There was no information at the Assessor’s Office, so they referred us to the Recording Clerks office to continue our research. Item 4 Research the legal description of the subject property with the Clerk and Recorder’s computer. You can search the Section, Township, and Range of the subject property. You may find deeds for mineral interests for the subject property. Response: With the assistance of Beverly Eberle (Recording Clerk) we were able to research the subject property. Item 5 Research whether a Notice of Mineral Estate Ownership was filed for the subject property. On the Clerk and Recorder’s computer, search under Filter (on the right hand side of the screen), General Recordings, Notice of Mineral Estate Ownership for the subject property. Response: For this particular property, there was no Notice of Mineral Estate Ownership filed. Item 6 If you find mineral interest owners as reservations on your deed, listed in your title insurance policy, from the Assessor’s records or the Clerk and Recorder’s computer, you need to determine whether these mineral interests were transferred by deed and recorded in the Clerk and Recorder’s office. Response: With the help of Beverly Eberly, we were able to find the Mineral Reservation Owners on the deeds and then were able to move our research forward to the current ownership. From the original owners to the current property owners, we were able to determine that the mineral rights were never transferred. Item 7 Enter the name of the mineral interest owner as the Grantor in the Clerk and Recorder’s computer to see if the mineral interest was transferred. If you find a transfer deed, you need to repeat this process to follow any transfer of the mineral interest to present day. Response: Our research indicated that the original mineral interests were never transferred. Item 8 Include a description of your research process in your application and the name(s) and address(es) of the current mineral interest owner(s). Response: We searched from current property owners back to the individuals that have the minerals reserved. Our research indicates (and matches the names found on Schedule B of the current Title Commitment) that the following individuals have mineral ownership to this property: • Dan C Wadsworth and Margaret Wadsworth own ½ Mineral Interests as per deed dated July 22, 1948 (Reception No. 165521). No address is given on deed. Refer to attached document. • J. Hilton Wix owns ¼ Mineral Interest as per deed dated April 8, 1955 (Reception No. 191425). No address is given on deed. Refer to attached document. • Raymond Smaltz owns ¼ Mineral Interest as per deed dated July 28, 1951 (Reception No. 177555). No address is given on deed. Refer to attached document. Section 1H General Project Description General Project Description The submitted property was purchased by Cappo Properties LLC (from William Zilm) in May of 2017. Cappo Properties is proposing to subdivide this 16.66-acre property into two separate properties. The north portion, 7.91 acres, will be used for a single-family residence and the southern portions 8.75 acres, will have a use consistent with Garfield Counties allowable uses for the current Rural zone district that this property is part of. Section 1I Pre-Application Form Section 2 Vicinity Map Garfield Coun ty, Colo rado Prin ted: 7/25 /2 017 at 4 :30 :56 PM Disc laimerThis is a co mp ilatio n o f reco rds as th ey ap p ear in th e G arfield Co un ty Office s aff ecting th e area sh own . This d rawin g isto b e u sed o nly f or refe re nc e p urp ose s an d the Co un ty is n ot resp on sible for any in acc uracies he rein co n taine d. Garfie ld C o unty Land Explorer Co pyright Gar fie ld Cou nty, Colo rado | A ll Rights Reser ved© Gar f ield Count y Land Explor er ¬1 inch = 3,009 fe et 1 inch = 0.57 m ile s 0 0.8 1.60.4 Miles Gar fie ld Cou nty Colorad oGarfield County Coloradowww.gar field-county.com Gar field C oun ty Pr inted by Web User Section 3 Site Plan Refer to the notes below for required Site Plan items (per Site Plan Section 4-203 (D)): • Legal description of the subject parcel Included on attached drawing • Boundary lines, corner pins, and dimensions of the subject site for the proposed Land Use Change Permit, including land survey data to identify the subject site with section corners, distance, and bearing to corners, quarter corners, township, and range Included on attached drawing • Existing and proposed topographic contours at vertical intervals sufficient to show the topography affecting the development and storm drainage Existing contours are shown on the attached drawing. No grading changes will be made for Minor Subdivision Application • Significant on-site features including natural and artificial drainage ways, Wetland areas, ditches, hydrologic features, and aquatic habitat; geologic features and hazards including Slopes, alluvial fans, areas of subsidence, rock outcrops and rockfall areas, radiological and seismic Hazard Areas, soil types, and landslide areas; vegetative cover; dams, reservoirs, excavations, and mines; and any other off-site features of the same type that influence the development All existing conditions are included on the attached drawing • Existing and proposed parking areas, driveways, emergency turn-outs and emergency turnarounds, sidewalks, and paths, shown by location and dimension Existing gravel roads are shown on the attached drawing. No other circulation paths are part of existing property • Existing and proposed roads, railroad tracks, irrigation ditches, fences, and utility lines on or adjacent to the parcel, shown by location and dimension There will be no site improvements as part of this Minor Subdivision Application • Users and grantees of all existing and proposed easements and rights-of way on or adjacent to the parcel, shown by location and dimension All easements and right-of-ways are on attached Site Plan • Area of the individual parcels, and the total square feet of existing buildings, driveways, and parking area This is a single parcel with no existing buildings, driveways and parking areas • Zone district in which the site is located This piece of property is located with the Rural zone district • Location and dimension of all structures, existing and proposed, and distance of structures from property lines There are no proposed structures for this Minor Subdivision Application • Elevation drawings showing existing grade, Finished Grade, and height of the proposed structures above existing grade The existing grade will not be modified as part of this Minor Subdivision Application • Location and size of leach field, sewer service lines, and treatment facilities to serve the proposed use All utility information is on the attached Site Plan. There are no existing or proposed leach fields as part of the Minor Subdivision Application • The source and capacity of the water supply, including location and size of well(s) and/or water lines to serve the proposed use All utility information is on the attached Site Plan • Location and size of signs for the purpose of identification, advertising, and traffic control No signage, identification, advertising or traffic control is part of this Minor Subdivision Application Section 4 Water Supply and Distribution Plan Section 5 Wastewater Management Plan Section 6 Article 7 Response DEMONSTRATE COMPLIANCE with ARTICLE 7: STANDARDS DIVISION 1: GENERAL APPROVAL STANDARDS Section 7-101 (Zone District Use Regulations) Response: This project currently complies with the zone district, and is required to go through the Administrative Review process. Section 7-102 (Comprehensive Plan and Intergovernmental Agreements) Response: No land use change is being requested Section 7-103 (Compatibility) Response: This project is compatible with all adjacent land uses. Current adjacent land uses are all residential. The scope of this application is only to divide the existing property into two separate lots… no improvements are being done at this time. Section 7-104 (Source of Water) Response: Water is currently available on the site (refer to the Site Plan for location). Will Serve letter for water is attached to this report (Section 4) Section 7-105 (Central Water Distribution and Wastewater Systems) Response: Water and sewer are currently available on the site (refer to the Site Plan for locations). Will Serve letters for water and sewer are included in this report (Sections 4 and 5). Section 7-106 (Public Utilities) Response: Adequate public utilities are currently located on the property (refer to the Site Plan for locations). Section 7-107 (Access and Roadways) Response: Both existing access points off of 4 Mile Road will be utilized by the subdivided properties. A driveway access permit has already been issued by Garfield County for the northern most access point off 4-Mile Road (to access the North Lot). Access to the southern lot will be used through the existing access point along 4-Mile Road (at the mid-point of the entire property). Section 7-108 (Use of Land Subject to Natural Hazards) Response: No natural hazards will be affected by the proposed minor subdivision request. At time of improvements, geological hazards will be designed to eliminate or mitigate the potential hazard. Section 7-109 (Fire Protection) Response: Per the counties Wildland Fire Susceptibility Index, this property is located in a high danger area. When the property is developed, they proper steps will be taken in conjunction with the local fire protection districts to ensure that safety requirements are met. DIVISION 2: GENERAL RESOURCE PROTECTION STANDARDS Section 7-201 (Agricultural Lands) Response: No adjacent agricultural lands will be negatively or positively affected by the proposed minor subdivision request. Section 7-202 (Wildlife Habitat Areas) Response: As part of this application, no wildlife habitats will be affected by the proposed minor subdivision request. Comments from the Colorado Department of Parks and Wildlife will be addressed upon their response to this application and at time of improvements to the lots. Section 7-203 (Protection of Water Bodies) Response: As part of this application, no water bodies will be disturbed or affected by this proposed minor subdivision request. At the time of improvements to the lots, no disturbance will be done within 35 feet of the drainage ditch located at the south end of the property. Section 7-204 (Drainage and Erosion) Response: No drainage or erosion issues will be affected by this minor subdivision request. Section 7-205 (Environmental Quality) Response: The environmental quality of this property will not be affected by this proposed minor subdivision request. All future improvements to the properties will meet county requirements Section 7-206 (Wildfire Hazards) Response: Per the counties Wildland Fire Susceptibility Index, this property is located in a high danger area. When parcels are developed, they proper steps will be taken in conjunction with the local fire protection districts to ensure that safety requirements are met. At this time, and as part of this application, no wildfire hazard is expected as part of this minor subdivision request. Section 7-207 (Natural and Geological Hazards) Response: As part of this minor subdivision application, no natural or geological hazards will be disturbed. All future improvements to the lots will be implemented, per the Colorado Geological Society’s Review, in order to meet county requirements. Section 7-208 (Reclamation) Response: As part of this minor subdivision application, no reclamation will be needed. All future improvements will meet county requirements DIVISION 3: SITE PLANNING AND DEVELOPMENT STANDARDS At this time, our application is only for a minor subdivision request. There is currently no planning for any site improvements (as outlined in Section 7-301 through 7-306). At time of improvements/development to the properties, all required information will be submitted to the county for proper approvals DIVISION 4: SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS Section 7-401 (General Subdivision Standards) Response: This Minor Subdivision application is only for the splitting of a single property into two separate properties… therefore the following items do not pertain to the scope of our request. At the time of development/improvements to either piece of property, these items will be more defined in a separate submittal to the county. • Maintenance of Common Facilities • Domestic Animal Control • Fireplaces • Development in the Floodplain Section 7-402 (Subdivision Lots) Response: At this time, this application isn’t looking to subdivide either of these properties into separate lots… therefore, at this time, there will be no need to submit information on the following items: • Lots Conform to Code • Side Lot Alignment • Lot Configuration, Cul-de-Sacs • Lot Division by Boundaries, Roads, or Easements Prohibited Section 7-403 (Survey Monuments) Response: Refer to the final plat for this information Section 7-404 (School Land Dedication) Response: Upon approval of this application, school land dedication will be addressed with the county Section 7-405 (Road Impact Fees) Response: All road impact fees will be paid when a building permit is issued by the county Section 7 Access and Roadways STATEMENT ADDRESSING ROADS There are currently no roads on this property and there are no roads as part of this Minor Subdivision application. In the future, when the properties are developed, all roads and improvements will be designed per Garfield County standards. Section 8 Article 5-301(C) Response RESPONSE TO STANDARDS IN ARTICLE 5-301 (C) In considering a Minor Subdivision application, the application shall demonstrate the following: Item 1 Response: Refer to Item 6 for response to Article 7, Divisions 1, 2, 3 and 4 Item 2 Response: We are not requesting any changes to land use… this application conforms to the county’s Comprehensive Plan Item 3 Response: Water currently exists on the site. Refer to Will Serve letter in Section 4 of this application Item 4 Response: Both pieces of property are accessed legally off 4-Mile Road (County Road 117) Item 5 Response: All existing easements will be retained and a new easement will be added for access through Lot 1 (north lot) to Lot 2 (south lot) Item 6 Response: Sewer currently exists on the site. Refer to Will Serve letter in Section 5 of this application Item 7 Response: Upon development of these properties, all hazards such as, but not limited to, fire, flood, steep slopes, rockfall and poor soils, shall be mitigated, to the extent practicable. As part of this Minor Subdivision application, some of these items have been addressed Item 8 Response: No improvements are part of this application… we are only requesting to split this piece of property into two separate properties. Item 9 Response: All applicable taxes have been paid Item 10 Response: All fees have been included in this application submittal Item 11 Response: The Final Plat meets requirements of Section 5-401 (F) Section 9 Preliminary Engineering Reports RESPONSE TO TABLE 5-401 Per table 5-401, the following items must be addressed for Minor Subdivisions (5-301) General Application Materials: These materials are included in Section 1A of this submittal application Vicinity Map: This item is included in Section 2 of this submittal application Site Plan: This information is included in Section 3 of this submittal application Water Supply/Distribution Plan: Will Serve Letter is included in Section 4 of this submittal application Wastewater Management Plan: Will Serve Letter is included in Section 5 of this submittal application Final Plat: Refer to Section 10 of this submittal application Codes, Covenants, Restrictions: There will be no homeowner associations created, no additional codes, covenants (refer to Section 13 of this submittal application) or other restrictions established as part of this Minor Subdivision Application Roads, Trails, Walkways and Bikeways: There will be no creation of roads, trails, walkways or bike paths as part of this Minor Subdivision application Sewage Collection and Water Supply and Distribution Systems: The proposed south property has existing water, telephone, electric, sewer and gas utilities. The proposed north property has existing telephone, sewer and gas utilities. Upon approval of this proposed Minor Subdivision Application, the electric and water lines will be extended from the south property to the north property and stubbed above grade for future extension of these lines. Once the electric and water lines are extended to the south property, all utilities will be available on this site. Refer to the following partial site plan for graphical representation. Groundwater Drainage: The existing grades will not be manipulated as part of this Minor Subdivision application Preliminary Cost Estimate for Improvements: It is estimated that it will cost approximately $10,000 to extend, and stub above grade, both existing electric and water lines to the proposed south property. 4 M i l e R o a d P r o p er t y L i n e NorthProposed Subdivision Line (red)Proposed Southern Property 8.75 Acres Proposed Northern Property 7.91 Acres Existing telephone, electric, sewer, water and gas Extend water and electric to north property Existing gas Existing phone and sewer at north end E n try D rive SCALE: 1" =100' Partial Site Plan Section 10 Proposed Final Plat Section 11 Wastewater Plant Info I:\1994\94163\H - WWTP Lift Station & Forcemain\L_ConstMgmt\20180502_Rmdl-cert.docx May 2, 2018 Sunlight View Water & Wastewater Company PO Box 1943 Glenwood Springs, CO 81601 RE: Sunlight View Parkway (a.k.a. Zilm property) The Sunlight View Water and Wastewater Company owned and operated a wastewater treatment facility with infiltration ponds on the subject property. This facility was taken out of operation in 2017 with complete removal of the treatment building. The sediment layer at the surface of the infiltration ponds was tested in accordance with Colorado Department of Health and Environment requirements for closure and no constituents of concern were identified. These sediments were then hauled and disposed at the local landfill. SGM inspection during the removal was limited but from observations removal generally appeared thorough and complete. Respectfully, SGM Inc. Chad Paulson, P.E. Project Engineer www.sgm-inc.com GLENWOOD SPRINGS 118 West Sixth St, Suite 200 | Glenwood Springs, CO 81601 | 970.945.1004 www.sgm-inc.com GLENWOOD SPRINGS 118 West Sixth St, Suite 200 | Glenwood Springs, CO 81601 | 970.945.1004 Section 12 Testing Information Item 12 - Any testing or information demonstrating the acceptability of residential use on the property No additional testing has been done on the property (as it relates to residential use) Section 13 Proposed Covenants Item 13 – Please provide copies of any existing or proposed covenants on the property To our knowledge, there are no existing covenants tied to this property and there will be no proposed covenants as part of this Minor Subdivision application. Section 14 Colorado Geological Survey