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HomeMy WebLinkAbout1.0 ApplicationCONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge . If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2 ,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< http ://www.alta.org/>. Westcor Land Title Insurance Company Joint Notice of Privacy Policy of Westcor Land Title Insurance Company and The Title Company of the Rockies Westcor Land Title Insurance Company ("WLTIC") and The Title Company of the Rockies value their customers and are committed to protecting the privacy of personal information . In keeping with that philosophy, we each have developed a Privacy Policy, set out below, that will endure the continued protection of your nonpublic personal information and inform you about the measures WLTIC and The Title Company of the Rockies take to safeguard that information . This notice is issued jointly as a means of paperwork reduction and is not intended to create a joint privacy policy. Each company's privacy policy is separate ly instituted, executed, and maintained . Who is Covered We provide our Privacy Policy to each customer when they purchase a WLTIC title insurance policy. Generally, this means that the Privacy Policy is provided to the customer at the closing of the real estate transaction. Information Collected In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic persona l information directly from the customer, from customer-related transactions , or from third parties such as our title insurance agent, le nders, appraisers, surveyors and other similar entities. Access to Information Access to aU non public personal information is Limited to those employees who have a need to know in order to perform their jobs. These employees include, but are not limited to , those in departments such as closing, legal , underwriting, claims and administration and accounting. Information Sharing Generally, neither WLTIC nor The Title Company of the Rockies shares nonpublic personal information that it collects with anyone other than those individuals necessary needed to complete the real estate settlement serv ice s and issue its title insurance policy as requested by the consumer. WLTIC or The Title Company of the Rockies may share nonpublic personal information as permitted by law with entities with whom WL TIC or The Title Company of the Rockies has a joint marketing agreement. Entities with whom WLTIC or The Title Company of the Rockies have a joint marketing agreement have agreed to protect the privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as WLTIC and The Title Company of the Rockies use to protect this information and to use the information for lawful purposes. WL TIC or The Title Company of the Rockies , however, may share information as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud . Information Security WL TIC and The Title Company of the Rockies, at all times, strive to maintain the confidentiality and integrity of the personal information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical , electronic and procedural safeguards in compliance with federal standards to protect that information . The WLTJC Privacy Policy can be found on WLTIC's website at www. wltic.com Commitment No: 0602101-C SCHEDULE A (continued) LEGAL DESCRIPTION The Land referred to herein is located in the County of Garfield, State of Colorado, and described as follo ws: Lot C. Block 1, REPLAT FO A PORTION OF THE TOWNSITE OF CARDIFF, according to the Plat thereof filed January 9. 1985 at Reception No. 358620. For each policy to be issued as identified in Schedule A, Item 2, the Company shan not be liable under this commitment until it receives a specilic designation of a Proposed Insured, and bas revised this commitment identifying that Proposed Insured by name. As provided in Commitment Condition 4, the Company may amend this commitment to add, among other things, additional exceptions or requirements after the designation of the Proposed Insured. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part 11-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved . The use of this Form (or any derivative thereof) 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. Commitment for Title Insurance (8·1·2016} Technical Correction 4-2-2018 Schedule A Page2 Commitment No: 0602101-C COMMITMENT FOR TITLE INSURANCE Issued by Westcor Land Title Insurance Company SCHEDULE B, PART I Requirements 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 effective date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office ofthe clerk and recorded of the county in which said property is located. All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions . 2 . Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees , and charges for the Policy to the Company . 4 . Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized , executed, delivered, and recorded in the Publi c Records. 5. Release by the Public Trustee of Garfield County of the Deed of Trust from Hector Brown for the use of Wayne Rudd, to secure $400,000.00 , dated July 26 , 2017 , and recorded Jul y 27 , 2017 , at Reception No. 895289 . 6 . Release by the Public Trustee of Garfield County of the Deed of Trust from Hector Brown for the use of Sam Gerred, to secure $113 ,000.00, dated July 26 ,2017, and recorded July 27 ,2017 , at Reception No. 895290 . 7 . Release by the Public Trustee of Garfield County of the Deed of Trust from Hector Brown for the use of John B. Richards , III , to secure $30 ,000 .00 , dated July 26 ,2017, and recorded Jul y 27 , 2017 , at Reception No. 895291. 8. Evidence satisfactory to the Company or its duly authorized agent that all dues and/or assessments levied by the Homeowners Association have been paid throu gh the date of closin g . This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. Th is Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Sch edule B, Part 1-Requiraments; and Schedule B, Part //-Ex ceptions. Copyright 2006-2016 American Land Title Association . All rights reserved. The use of this Form (or any derivative thereof) 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 Trtle Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule 8 -Part I -'"'' Jl.l( "' • '''" t'l I' Page 3 Commitment No: 0602101-C 9. Deed from Hector Brown to Purchaser with contractual rights under a purchaser agreement with the vested owner identified at Item 4 below. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 ofHouse Bill No. 1288-CRA 39-14-102. THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GARFIELD COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR INVOLUNTARY MA TIERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF INSURANCE. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part //-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this F onn (or any derivative thereof) 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 Trtle Association . Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule 8 -Part I -continued -\~I RH '' \ 4.'11 lilt I Page4 Commitment No: 0602101-C SCHEDULE B, PART II Exceptions TillS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION , OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN TillS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION , SEX, SEXUAL ORIENTATION , GENDER IDENTITY , HANDICAP, FAMILIAL STATUS , OR NATIONAL ORIGIN. 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 ofthe Company. Any loss or damage, including attorney fees, by reason of the matters shown be low: 1. Any facts, right, interests , or claims which are not shown by the Public Records but which could be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. 2. Easements or claims of easements, not shown by the Public Record s. 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. 4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished , imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the Public Records or attaching subsequent to the effective date hereof, but prior to the date o f the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records ; (b) proceedings by a public agency that may result in taxes or assessments , or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. 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 g ranted, as re served in United States Patent recorded April30, 1894 in Book 12 at Page 318 as Reception No. 172 30 . 8. Right of way for ditches or canals constructed by the authority of the United States , as reserved in This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company Th is Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requ irements; and Schedule B, Part If-Exceptions. Copyright 2006-2016 American Land Trtle Association. All rights reserved. The use of this Fonn (or any derivative thereof) 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 Associati on . Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B -Part II -\'1-tiRI( '' &\":'fIll -~- Page5 Commitment No: 0602101-C United States Patent recorded April 30, 1894 in Book 12 at Page 318 as Reception No. 17230. 9. Restrictive Covenant, which contains a forfeiture or reverter clause, providing that intoxicating liquors shall never be manufactured, sold or otherwise disposed of as a beverage in any public resort in or upon the premises, contained in Deeds recorded November 16, 1899 in Book 44 at Page 3 84 as Reception No. 22104 and recorded December 24 , 1907 in Book 69 at Page 203 as Reception No. 34434. 10. All rights of way through, upon, across and under the Lots hereby conveyed for any and all water pipe now laid and constructed and the future maintenance thereof without unnecessary injury to any improvements which may be constructed upon said land as contained in Deeds recorded November 16, 1899 in Book 44 at Page 384 as Reception No. 22104 and recorded December 24, 1907 in Book 69 at Page 203 as Reception No. 34434. 11. A perpetual right of way for installing and maintaining water pipelines and tanks for the storage of water through the streets and alleys as said pipelines and tanks are now staked and designated upon the ground as conveyed by Warranty Deed recorded December 9, 1907 in Book 67 at Page 523 as Reception No. 34376 . 12. Easements, rights of way and all other matters as shown on the Plat ofReplat of a Portion of Townsite of Cardiff, filed January 9, 1985 as Reception No. 358620 . 13. Terms, agreements, provisions, conditions and obligations of Right of Way Easement recorded May 7, 1976 in Book 484 at Page 932 as Reception No. 272505 . 14. Easement and right of way for non motorized, foot, snow matters and building maintenance purposes, as reserved by David W. Force Jr. and Kathryn C. Cooper in the Deed to Sam Gerred , recorded March 2, 21000 at Reception No. 559976 . This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8 , Part /-Requirements; and Schedule 8, Part //-Exceptions . Copyright 2006-2016 American Land TrUe Association. All rights reserved. The use of this Fonn (or any derivative thereof) 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. Commitment for Title Insurance (8·1·2016) Technical Correction 4-2-2018 Schedule 8 · Part II • continued -''"au"' ''-H Tilt I Page6 Commitment No: 0602101-C DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII , requires that "Every Title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the Title entity conducts the closing and is responsible for recording or filing oflegal documents resulting from the transaction which was closed." (Gap Protection) Note 2: Exception No. 4 of Schedule B , Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: I. The Land described in Schedule A of this commitment must be a single-family residence. which includes a condominium or townhouse unit. 2. No labor or materials may have been furnished by mechan ics or materialmen for purpose of construction on the Land described in Schedule A of this Commitment within the past 13 months . 3. The Company must receive an appropriate affidavit indemnifYing the Company against unfiled mechanic's and materialmen's liens. 4. Any deviation from conditions A though C above is s ubject to such additional requirements or Information as the Company may deem necessary, or, at its option, the Company may refuse to delete the exception. 5. Payment of the premium for said coverage. Note 3 : The following disclosures are hereby made pursuant to§ I 0-11 -122 , C.R.S.: (i) The subject real property may be located in a special taxing district; (ii) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent; and (iii) Information regarding special districts and the boundaries of such districts may be obtained from the County Commissioners , the County Clerk and Recorder, or the County Assessor. Note 4 : Ifthe sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions ofC.R.S. §39-22-604.5 (Non-resident withholding). Note 5: Pursuant to C .R.S . §10-11-123 Notice is hereby given: (a) If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from th e surface estate then 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 . Note 6: Effective September 1, 1997 , 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 inch the clerk and recorder may refuse to record or file any document that does not conform. Note 7: Our Privacy Policy: We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. Note 8: Records: Regulation 3-5 -1 Section 7 (N) provides that each title entity shall maintain adequate documentation and records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not less than seven (7) years, except as otherwise permitted by law. Note 9: Pursuant Regulation 3-5 -1 Section 9 (F) notice is hereby · given that "A title entity shall not earn interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned . Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any administrative fees as may be on file with the division . Said disclosure must be clear and conspicuous, and may be made at any time up to and including closing." Be advised that the closing agent will or could charge an Administrative Fee for processing such an addition al services request and any resulting payee will also be subjected to a W -9 or other required ta;x documentation for such Page 7 purpose(s). Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that "Until a title entity receives written instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with the following: 1. The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a fiduciary capacity. 2. The title entity shall use any funds designated as "earnest money" for the consummation of the transaction as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise provided in this section. If the transaction does not close, the title entity shall : (a) Release the earnest money funds as directed by written instructions signed by both the buyer and seller: or (b) If acceptable written instructions are not received, uncontested funds shall be held by the title entity for 180 days from the scheduled date of closing, after which the title entity shall return said funds to th e payor . 3. In the event of any controversy regarding the funds held by the title entity (notwithstanding any termination of the contract), the title entity shall not be required to take any action unless and until such controversy is resolved. At its option and discretion, the title entity may: (a) Await any proceeding; or (b) Interplead all parties and deposit such funds into a court of competent jurisdiction, and recover court costs and reasonable attorney and legal fees; or (c) Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons and complaint or claim (between buyer and seller), containing the case number of the lawsuit or lawsuits, within 120 days of the title entity's written notice delivered to the parties , title entity shall return the funds to the depositing party ." Page 8 Commitment No: 0602101-C Title Company of the Rockies Disclosures 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 will refuse to record or file any document that does not conform to the requirements of this section. Pursuant to C.R.S. 30-10-406(3)(a). The company will not issue its policy or policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation 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. Pursuant to C.R.S . 10-11-122. No person or entity that P.rovides 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 withdrawals as a matter of right. Pursuant to C.R.S. 38-35-125(2). The Company hereby notifies the proposed buyer in the current transaction that there may be recorded evidence that the mineral estate, or eortion thereof, has been severed, leased, or otherwise conveyed from the surface estate. If so, there is a substantial likelihood that a third party holds some or all interest in the oil, gas, other minerals, or geothermal energy in the subject property. Such mineral estate may include the right to enter and use the property without the surface owner's permtssion. Pursuant to C.R.S. 10-11-123. If this transaction includes a sale of property and the sales price exceeds $100,000.00, the seller must comply with the disclosure/withholding requirements of said section. (Nonresident withholding) Pursuant to C.R.S. 39-22-604.5. Notice is hereby given that: The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtamed from the County Treasurer or the County Treasurer's authorized agent. Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Pursuant to C.R.S . 10-11-122. Notice is hereby given that: Pursuant to Colorado Division oflnsurance Regulation 8-1-2 ; "Gap Protection" -When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction, the Company shall be responsible for all matters which appear on the record prior to such time or recording or filing; and "Mechanic's Lien Protection"-If you are the buyer of a single family residence, you may request mechanic's lien coverage to be issued on your pohcy oflnsurance. If the property being purchased has not been the subject of construction, improvements or repairs in the last six months prior to the date of this commitment, the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the seller. If the property being purchased was constructed, improved or repaired within six months prior to the date of this commitment the requirements may involve disclosure of certain financial information, payment of premiums, and indemnity, among others. The general requirements stated above are subject to revision and approval by the Company . Pursuant to C .R.S. I 0-11-122. Notice is hereby given that anAL T A Closing Protection Letter is available, upon request, to certain parties to the transaction as noted in the title commitment. Pursuant to Colorado Division of Insurance Regulation 8-1. Nothing herein contained will be deemed to obligate the Company to provide any of the coverages referred to herein unless the abov e conditions are full y satisfied. Page 9 LETTER OF PROPOSAL REVISED OWNER: HECTOR BROWN 1172 COUNTY ROAD 116 GLENWOOD SPRINGS, COLORADO 81601 PROJECT LOCATION: 172 DARROW STREET GLENWOOD SPRINGS, COLORADO 81601 LOT C, BLOCK 1 TOWNSITE OF CARDIFF AS RE-PLATTED PARCEL NUMBER: 2185-271-06-003 ZONING: COMMERCIAUGENERAL To whom it may concern, 5-24-19 7-22-19 The above mentioned property is a 9898.6 sq.ft. lot, located South of Glenwood Springs, close to the Glenwood Springs Airport. The lot is located in Garfield County, on Darrow Street. Darrow Street is a City of Glenwood Springs public street. Domestic water service is currently provided by the City of Glenwood Springs. A can and will provide domestic water letter has been obtained from the City of Glenwood Springs . The existing City of Glenwood Springs sewer line and service is located more than 400 feet from this property . There is an existing septic tank and leach field which services the existing buildings on the property. An analysis of this system was done by Zancanella and Associates, which states that the current system is adequate to service the existing uses and two additional, one bedroom residential units. Three structures are located on the site. The first building is an existing two unit, residential building, located on the rear (North) end of the property. Each residential unit contains one bedroom. According to the Garfield County records, this building was constructed in 1928, with remodeling and additions completed in 1955. The second building is a small shed, located on the Northeast corner of the lot. This shed was constructed in 1955. The third building is a two story, warehouse/storage building , located on the front (South) side of the lot. The main level of this building is occupied by (2) 1000 sq.ft. contractor/warehouse spaces. The second floor is 2000 sq .ft., unimproved, unfinished space . This building was constructed in 2002. PARKING REQUIRED: 2 EXISTING RESIDENTIAL UNITS: 2 SPACES EACH = 4 PARKING SPACES 2 EXISITNG, 1000 SQ.FT. CONTRACTOR/WAREHOUSE SPACES: 1 SPACE EACH = 2 PARKING SPACES 2 NEW RESIDENTIAL UNITS: 2 SPACES EACH = 4 PARKING SPACES TOTAL PARKING REQUIRED= 10 PARKING SPACES LANDCAPING; LANDSCAPING IS EXISTING AND AS SHOWN ON THE SITE PLAN. OWNER: HECTOR BROWN 1172 COUNTY ROAD 116 GLENWOOD SPRINGS, COLORADO 81601 (970) 309-3334 AIRCRAFT@SOPRIS.NET ARCHITECT: ROBERT C. CLASSEN THE DRAWINGBOARD P.O. BOX 1227 GLENWOOD SPRINGS, COLORADO 81602 (970) 945-5025 DRAWBD@ROF.NET PARCEL NUMBER 2185-271-06-003 7-22 -1 9 Following is the responses to each numbered item as requested on the Com p leteness Review of the Brown 2 Unit Dwelling Application . 1) The Second Floor of the existing building on the front (South) property line is unfinished, unimproved, 2000 SQ.FT.. space. 2) Please see the enclosed letter from Dave Force , who is a previous owner of this property. He purchased the property in May, 1988. The two unit residential building on the rear (North) property line was in place at the time he purchased the property. It appears as though these two units were constructed in 1955 with other remodeling and construction done at this time, according to the Garfield County Assessor records. 3) Impact Analysis identified in Section 4-203(G) of the Garfield County Development Code. 1) Adjacent Land Use: To the West: commercial lot, residential and open space . To the North: commercial gas company and Cardiff Glen residential units . To the East: residential units, Glenwood Springs airport, commercial and the Roaring Fork river. To the South: residential units and open space. 2) Site Features: The lot is flat with a small grass, fenced backyard . There is a large pine tree on The Northwest corner of the property and a Cottonwood tree on the Northeast Corner. Small Elm trees border the property to the East. There is an existing Gravel area on the East and West sides of the property. The front access area Is paved. 3) Soil characteristics: The soils appear to be gravels and river rock. The owner stated that he can hardly dig with a shovel due to the rock and gravel. There are no potential hazards that we are aware of. 4) Geology and Hazards: There are no Geological or Flood Hazards in this area. 5) This project will have no affect on the groundwater aquifer recharge areas , as these are existing buildings. 6) Environmental Impacts : a . Flora and fauna : no impact, as the buildings are existing. b. Environmental resou rces and wild l ife habitat: no impact, as the build ings are existing . c. Wildlife and domestic animals: no impact, as the buildings are existing. d . Radi ation hazards: no radiation hazards have been iden t ified . 7) Nuisance: There will be no nuisances or impacts on adjacent area , as the buildings are Existing and compatible with the surrounding land use. 8) Hours of operation: The proposed use is residential and the hours of operation are not applicable . In conclusion, the proposed addition of two new residential units in the existing building will have little or no impact on this area and are compatible with the existing uses in this area South of Glenwood Springs . 4) The mineral rights ownership form is enclosed . 5) An updated Title Commitment is enclosed. 6) The adjacent property owner's list has been revised and is enclosed. 7) The existing residential building on the North, rear property line is within the rear setback . This building was constructed in 1928, before any zoning regulations and is a pre-existing condition. 8) We met with Greg Bak , Glenwood Springs Fire Dept., on 7-17-19 , to discuss the Impact of the undersized 4" water line. He did not anticipate any problems with The undersized line, but will conduct a flow test to verify the adequacy of this line. We will forward this information to you after the test is completed. 9) The mortgage and closing documents have been removed . 1 0) The number of parking spaces has been reduced to 1 0 spaces. 11) No comment. 12) No comment. A formal waiver may be required. 13) The status of the RV trailer encroaching from the neighboring rear property. The owner of the RV will be notified to remove the encroachment by Hector Brown . PROPERTY OWNER'S WITH 200 FEET OF 172 DARROW STREET GLENWOOD SPRINGS, COLORADO 81601 PARCEL NUMBER: 218527106003 HECTOR BROWN 1172 COUNTY ROAD 116 GLENWOOD SPRINGS, COLORADO 81601 1) 218527100052 FORCE, DAVE JR. 160 COUNTY ROAD 160 GLENWOOD SPRINGS, COLORADO 81601-9513 2) 218527100051 SOURCE GAS DISTRIBUTION LLC 600 12TH STREET, SUITE 300 GOLDEN, COLORADO 80401 3) 218527100050 CITY OF GLENWOOD SPRINGS 101 W . 8TH STREET GLENWOOD SPRINGS, COLORADO 81601 4) 218527106001 MYERS, RONALD E. 128 COUNTY ROAD 160 GLENWOOD SPRINGS , COLORADO 81601 5) 218527106002 FORCE, DAVID W. 160 COUNTY ROAD 160 GLENWOOD SPRINGS, COLORADO 81601-9513 6) 218527106004 PB AND J TRUST 124051 38TH STREET LARGO, FLORIDA 33774 7) 2185271 06005 5-8-19 UPDATED ON 7-8-19 HENDERICKS, HARMONY, HEIDI AND PRESTON, HILARY 1054 COUNTY ROAD 106 CARBONDALE, COLORADO 81623 8) 218527107001 FORCE, DAVID W. JR. 160 COUNTY ROAD 160 GLENWOOD SPRINGS, COLORADO 81601-9513 9) 2185271 07002 FORCE, DIANA E. TRUST P.O. BOX 5425 QUARITZSITE, ARIZONA 85359-5425 10) 218527107003 FORCE, DIANA E. TRUST 0179 COUNTY ROAD 160 GLENWOOD SPRINGS, COLORADO 81601 11)218527107005 SMUIN, DEREK N. 189 COUNTY ROAD 160 GLENWOOD SPRINGS, COLORADO 81601 12)218527107006 MORIARTY FAMILY TRUST 0197 COUNTY ROAD 160 GLENWOOD SPRINGS, COLORADO 81601 '. 172 Darrow St. Page 2 of3 June, 2019 Investigation on the Garfield County Road and Bridge website revealed no recent traffic counts or studies having been performed specific to Darrow Street. Traffic trips were calculated based upon the Trip Generation Manual, Seventh Edition, by the Institute of Transportation Engineers. The two existing residential units and the two proposed units used the Single Family Detached Housing (210) study "On a: Sunday, Peak Hour of Generator" for estimating trips. The two existing warehouse units used the Warehousing (150) study "On a: Weekday" for estimating trips. The metal building is 40'x50' with two levels that gives 4,000 square feet of gross floor area. The proposed project would remove the second level of warehousing and convert it into two residential spaces: Existing Warehousing Average Vehicle Trip Ends vs. 1000 Sq. Feet Gross Floor Area (50% entering, 50% exiting) Average Rate of 4.96 trips/1000 sq. feet= 4.96 * ( 4,000 sq.ft./1000sq.ft.) => 20 Trips Existing Residential Average Vehicle Trip Ends vs. Dwelling Unit (50% entering, 50% exiting) Average Rate of9.57 trips/Dwelling Unit= 9.57 * ( 2 units)=> 20 Trips Total Existing Daily Traffic is calculated as 40 trips. Proposed Warehousing Average Vehicle Trip Ends vs. 1000 Sq. Feet Gross Floor Area (50% entering, 50% exiting) Average Rate of 4.96 trips/1000 sq. feet= 4.96 * ( 2,000 sq.ft./1000sq.ft.) => 10 Trips Proposed Residential Average Vehicle Trip Ends vs. Dwelling Unit (50% entering, 50% exiting) Average Rate of9.57 trips/Dwelling Unit= 9.57 * ( 4 units)=> 39 Trips Total Proposed Daily Traffic is calculated as 49 trips. The proposed use is calculated to increase traffic to the adjacent roadway by 9 trips per day on average. It could be argued that the residential traffic would more closely model an apartment rather than a single family dwelling. However, this provides a more conservative estimate. Having witnessed traffic on Darrow Street, it is anticipated that these calculations overestimate the actual traffic. On Friday May 31, 2019, the existing driveway serving the existing two residential units was reviewed. Based on ADT discussed above, it would be considered a Primitive Road/Driveway by Garfield County Roadway Standards and Table 7-107. The road is gravel with adequate cross Mountain Cross Engineering. Inc. Civil and Environmental Consulting and Design 826% Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com 172 Darrow St. Page 3 of3 June, 2019 slope and constant gradual grade. The intersection provides adequate site distance in both directions. Based on field measurements the dimensions are generally as follows: • Right-of-Way Not provided • Roadway Width 12.2' • Shoulder Width 0' on the east side and 0' on the west side • Road Side Ditches Do not exist The Roadway Standards for a Driveway are as follows: • Right-of-Way 15'-30' • Roadway Width 12' • Shoulder Width 0' • Road Side Ditches 3' (If necessary) The existing driveway generally conforms with Garfield County standards. There is no need for a dedicated right-of-way since it is a private driveway with a single owner. Additionally, the driveway will not see any increased traffic from the proposed changes. The proposed additional residential units will not use the existing driveway. Instead they will park in front of the metal building directly off of Darrow Street in a similar fashion to a parking lot. Darrow Street is a lightly trafficked, low volume road. No detrimental impacts to traffic are anticipated by the increased traffic from the project. The conclusions and opinions that are expressed above are based on the information available at the time of preparation ofthis letter. Any additional information presented afterward may require that these opinions be modified. Thank you for the opportunity to provide this letter. Feel free to call if you have any questions, concerns, or comments. Sincerely, Mountain Cross Engineering, Inc. Chris Hale, PE Mountain Cross Engineering. Inc. Civil and Environmental Consulting and Design 826 Y. Grand Avenue , Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com 172 Darrow Street May, 2019 Page 2 of3 Basin Area Drainage basins have the characteristic that any precipitation falling within that area will drain to the same point of discharge. The project basin was delineated from project topography, project site plan, and building architecture. Runoff Coefficient A runoff coefficient is assigned to each basin that gives a relationship between the amount of precipitation that becomes surface water and the amount of water that is lost to infiltration, evaporation, or transpiration. The runoff coefficient is a function of drainage basin soil types, surface area, and/or land-use. Because the land-use and the surface cover often vary through the project, a composite coefficient is often assigned to each drainage basin, based on the weight of the areas and their respective coefficients. Rainfall Intensity Rainfall intensity is determined from intensity duration frequency curves, or IDF curves. IDF curves are graphs of, more or less, parallel frequency curves that yield rainfall intensities based on storm durations. Analysis Frequency: The return frequency of a rainfall storm is the statistical probability that a given storm event will occur on average in a given period. For instance a 100- year storm has the statistical probability of occurring once in a 100 year span or it has a 1% chance of occurring in any given year. It is important to emphasize that it is based on probability statistics and therefore does not reflect actual storm frequency. Storms of a 1 00-year magnitude can occur in sequential years, even in the same year. The return frequency of design is chosen and then referred to as the design storm. Duration: The duration of a storm is chosen to coincide with the time of concentration. The FAA Overland flow equation was used to estimate the time of concentration. The parameters needed to determine the flow elements include length, slope, and the Rational runoff coefficient. The theory states that if the duration is equal to the time of concentration, the length of time will be adequate for the entire basin to contribute flow. One project basin was delineated for the entire Jot based on existing site conditions, aerial photography, and roof lines. There is no proposed grading of the site and no project topography was provided. There may be some slight trespass to the north. Other than this the property drains from north to south into Darrow Street. Runoff coefficients were determined based on site coverage. The hydrologic soil group was estimated based on the project location as "B". The parameters for calculating the time of concentration were undetermined since topography was not provided. However the high percentage of impervious area on a small site would create a very short time or concentration, likely less than 5 minutes so 5 minutes was used. The rainfall intensities were determined by using Mountain Cross Engineering. Inc. Civil and Environmental Consulting and Design 826% Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com 172 Darrow Street May, 2019 Page 3 of3 the appropriate storm curve, duration to match the time of concentration, and the NOAA precipitation data for Glenwood Springs. No changes are proposed to grading, impervious areas, nor drainage. So the basin flow rates calculated based on the Rational Method are identical for the existing and the proposed conditions. The calculations are attached. Basin Area Coefficient Flow Description (acres) (cfs) Existing -100 yr 0.23 0.78 1.16 Proposed -I 00 yr 0.23 0.78 1.16 Detention There is no change to the proposed site so there is no change between existing and proposed flowrates. The site is less than 10,000 square feet. Detention is not required. Results The existing drainage patterns will remain unchanged. No site drainage appurtenances exist and the site drains overland by gravity to the adjacent street. No detention is required. The site will not require a permit from CDPHE. There is a certain amount of uncertainty in hydrologic calculations. However, since there is no increase to storm water runoff, it is our opinion that the site will convey runoff in the existing manner and will not cause flooding damage to this or adjacent sites. Thank you for the opportunity to provide this report. Feel free to call if you have any questions, concerns, or comments. Sincerely, Mountain Cross Engineering, Inc. Chris Hale, PE Mountain Cross Engineering. Inc. Civil and Environmental Consulting and Design 826% Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com --. . .. ... Note that the request for this can-and-will-serve letters was made by Mr. Rob Classen, The Drawingboard, on behalf of the parcel owner. If you have any questions regarding this matter, please feel free to contact me. Sincerely, ;£c¥rfe~- Brad Zachman Water & Wastewater Superintendent 970-384-638 8 cc : City of Glenwood Springs: Debra Figueroa, City Manager Matt Langhorst, Public Works Director Gretchen Ricehill, Community Development cc: The Drawingboard: Rob Classen (drawbd@rof.net ) Pa ge 2 of2 THE DRAWINGBOARD From: Gretchen E Ricehill [gretchen.ricehill@cogs.us] Sent: Tuesday, April16, 2019 9 :49AM To: THE DRAWINGBOARD Subject: RE: Brown -172 Darrow info Rob Thanks for the kind words. Page 1 of 1 One of the items that I neglected to include was with regard to system improvement fees. For the addition of two one-bedroom units, I think that we will need to charge $2,570.57 in water system improvement fees. I will make sure that the water will-serve letter verifies the amount. Take care and let me know if there's any other info I can provide for Mr. Brown's application. Gretchen From: THE DRAWINGBOARD <DRAWBD@ROF .NET> Sent: Tuesday, April 16, 2019 9:38 AM To: Gretchen E Ricehill <gretchen.ricehill@cogs.us> Subject: RE: Brown-172 Darrow info Good morning Gretchen, I just wanted to thank you for meeting with me and your prompt response. You are always so professional and helpful. Thanks again, Rob Rob Classen The Drawingboard (970)-945-5025 drawbd@rof.net From: Gretchen E Ricehill [mailto:gretchen.ricehill@cogs.us] Sent: Monday, April15, 2019 5:24PM To: drawbd@rof.net Subject: Brown-172 Darrow info Rob Thanks for taking the time to meet with me this morning. Please see attached for most of the info that you requested. The can/will serve letter for water will be coming separately by the end of this week. In the meantime, please let me know if you have questions. Thanks Gretchen 4/16/2019 THE DRAWINGBOARD From: Sent: To: Subject: Gretchen E Ricehill [gretchen .ricehill@cogs .us] Monday, April 15, 2019 5 :24 PM drawbd@rof.net Brown -172 Darrow info Attachments: MEMO-Brown-Darrow Street.docx Rob Page 1 of 1 Thanks for taking the time to meet with me this morning. Please see attached for most of the info that you requested. The can/will serve letter for water will be coming separately by the end of this week. In the meantime, please let me know if you have questions . Thanks Gretchen 4116/2019 MEMO TO: Rob Classen The Drawingboard FROM: Gretchen Ricehill Asst. Director Community Development Dept. DATE: April15, 2019 RE: Hector Brown -172 Darrow Street-PIN 2185-271-06-003 I understand that Mr. Brown has, or shortly will be submitting an application to Garfield County to add two 1-bedroom units in an existing building at 172 Darrow Street. You asked me to provide the following: 1. Can and will serve letter regarding water; 2. Information regarding the location of the nearest city sewer main; 3. Verification of ownership of the Darrow Street right of way; 4. Source of existing electric service; and 5. Off-street parking ingress/egress. Can and Will Serve Water The City's Water/Wastewater department will be submitting a letter regarding availability of water service. I will forward this letter hopefully by the end of this week. Sewer Availability The City's Public Works Director informed me that the property is more than 400 feet away from the nearest city sewer main. Darrow Street Right of Way This letter serves as verification that Darrow Street is considered a City of Glenwood Springs right-of- way. I believe that the street was annexed into the city limits in 2002 . Electric Service This property is served by City of Glenwood Springs. The service address for this property is 172 County Road 160. Off-Street Parking Ingress/Egress I understand that there are several pull-in parking spaces that line the front of this property. Currently the Glenwood Springs Municipal Code requires that access f rom any parking area to a public street be designed to allow vehicles to enter and exit in forward drive. That requirement is in the process of being amended to apply only to private access onto any arterial or collector street. Darrow Street is classified as a "local" street. The amendment process begins with a publ ic hearing before the Planning and Zoning Commission on Ap r il 23, 2019 . Assuming approva l, City Council will consider the amendments i n mid-May w ith the Code amendment going into effect roughly mid-June . Until the Code is amended, the parking egress situation at 172 Darrow Street is considered non- conform i ng. As such, it is allowed to remain as long as the parking area is not expanded. TO: GARFIELD COUNTY PLANNING AND BUILDING DEPT. FROM: ROB CLASSEN, ARCHITECT THE DRAWINGBOARD P.O. BOX 1227 GLENWOOD SPRINGS, COLORADO 81601 PHONE: (970) 945-5025 EMAIL: DRAWBD@ROF.NET RE: HECTOR BROWN PARCEL (OWNER) 172 DARROW STREET, 172 COUNTY ROAD 160 GLENWOOD SPRINGS, COLORADO 81601 PARCEL NUMBER: 218527106003 •• TO WHOM IT MAY CONCERN, 4-19-19 PLEASE FIND ATTACHED A COPY OF THE PROPERTY RECORDS FROM THE GARFIELD COUNTY ASSESSOR'S OFFICE, SHOWING THE YEAR OF CONSTRUCTION FOR THE FOLLOWING BUILDINGS ON THIS PARCEL. 1928: ORIGINAL HOUSE CONSTRUCTED. 1955: ORIGINAL HOUSE REMODELED AND ADDITIONS ADDED. 1955: SHED CONSTRUCTED ON THE REAR, NORTHEAST CORNER OF THE PARCEL. 2002: WAREHOUSE/STORAGE BUILDING CONSTRUCTED ON THE FRONT OF THE PARCEL. PLEASE LET ME KNOW OF YOU HAVE ANY QUESTIONS OR CONCERNS. SINCERELY, ,~J!_@--0/~ ROB CLASSEN, ARCHITECT THE DRAWINGBOARD