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Rezoning Application Garfield County, Colorado Parcel ID# 2185-271-00-008 1097 County Road 116, Glenwood Springs, CO 81601 August 12, 2019 Prepared by: The Land Studio, Inc. 365 River Bend Way Glenwood Springs, CO 81601 Phone 970-927-3690 landstudio2@comcast.net Prepared for: Mark Gould Airport Mini Storage LLC Airport Mini Storage LLC August 12, 2019 2 Table of Contents PRE-APPLICATION CONFERENCE SUMMARY ....................................................................................... 3 APPLICATION FORM .................................................................................................................................. 7 OWNERSHIP INFORMATION - 4-203.B.2 ................................................................................................ 11 PROPERTY OWNERS WITHIN 200’ AND MINERAL OWNERS AND LESSEES - 4-203.B ................... 12 MINERAL INTEREST OWNERS - 4-203.B ............................................................................................... 13 ADJACENT PROPERTY OWNERS MAP - 4-203.B ................................................................................. 14 PROJECT DESCRIPTION - 4-203.B ......................................................................................................... 15 VICINITY MAP ........................................................................................................................................... 16 REZONING MAP ........................................................................................................................................ 17 ZONING JUSTIFICATION REPORT ......................................................................................................... 18 REVIEW CRITERIA ................................................................................................................................... 18 EXHIBITS: .................................................................................................................................................. 19 Airport Mini Storage LLC August 12, 2019 3 Pre-Application Conference Summary 1 Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE-APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2185-271-00-008 PRE-APP DATE: 4/12/2019 OWNER: Airport Mini Storage LLC REPRESENTATIVE: Mark Gould PRACTICAL LOCATION: 1097 County Road 116 Glenwood Springs, CO 81601 ZONING: Commercial/General (CG) & unassigned COMPREHENSIVE PLAN: Glenwood Springs Urban Growth Area TYPE OF APPLICATION: Rezoning I. GENERAL PROJECT DESCRIPTION The applicant desires to rezone a City of Glenwood Springs de-annexation parcel to the Garfield County Commercial/General zoning designation. Said parcel was de-annexed by the city (Reception No. 900132) and transferred to Airport Mini Storage LLC via boundary line adjustment (Reception No. 871599). The 0.441-acre transfer parcel is joined to the 8.492-acre County parcel for a total of 8.933-acres. Valid parcel creation was confirmed by the County Assessor’s Office on 4/18/2019 as well as the fact that the parcel does not fall into any platted subdivision of record and therefore will not require an Amended Final Plat. No other changes are proposed and no physical alterations to the property is proposed. No changes to any infrastructure or access is proposed. II. REGULATORY PROVISIONS AND PROCESS REQUIRED The following Sections of the Garfield Land Use and Development Code as amended apply to the proposed Application: • Section 4-113 – Rezoning, including Review Criteria contained in Section 4-113(C), see excerpt below. • Section 4-101 – Common Review Procedures Airport Mini Storage LLC August 12, 2019 4 2 • Table 4-101 – Common Review Procedures and Required Notice • Table 4-201 – Application Submittal Requirements • Section 4-203 – Description of Submittal Requirements as applicable • III. SUBMITTAL REQUIREMENTS As a convenience, outlined below is a list of information typically required for this type of application: • General Application Materials o Completed application form o Completed payment agreement form o Statement of Authority documentation for Airport Mini Storage LLC confirming the authorized signatory for the application o Proof of Ownership (title work and deed) o Names and mailing addresses of property owners within 200 ft. of the property. o Mineral rights ownership including mailing address (see attached memo). o A narrative describing the request and related information. o Copy of this pre-application summary • A Vicinity Map within approximately 3 miles • Legal description of the parcel being rezoned • A map showing the existing and proposed zoning • Zoning Justification Report pursuant to Section 4-203 (H) • Response to Review Criteria contained in Section 4-113 (C) The Application submittal needs to include 3 hard copies of the entire Application and 1 Digital PDF Copy of the entire Application (on a CD or USB Stick to be retained by the County at time of submittal). Both the paper and digital copies should be split into individual sections. Please refer to the pre-application summary for submittal requirements that are appropriate for your Application. Airport Mini Storage LLC August 12, 2019 5 3 V. APPLICATION REVIEW The review process shall follow the steps contained in Table4-201 and Sections 4-101 and 4-113 as applicable, summarized as follows: • Pre-application meeting. • Submittal of the Application (3 copies plus one electronic copy). • Completeness Review. • Additional submittals if needed. • Provision of extra copies of the Application for the Planning Commission and Board of County Commissioners (14 additional copies). • Referrals are sent out. • Setting a date for the Planning Commission public hearing. • Completion of public notice for the Planning Commission hearing 30 days prior to the hearing (publication, mailings, posting). • Planning Commission public hearing with recommendation to the Board. • Setting the date for the Board of County Commissioners public hearing. • Completion of public notice for the Board’s hearing 30 days prior to the hearing (publication, mailings, posting). • Board public hearing, deliberation and decision. • The Board’s decision will be formalized by Resolution. • The official zoning map for the County will be officially update pursuant to the Board’s decision. Public Hearing(s): ___ Director Decision with notice _X_ Planning Commission _X_ Board of County Commissioners ___ Board of Adjustment VI. APPLICATION REVIEW FEES a. Planning Review Fees: $ 450 b. Referral Agency Fees: $ TBD – (separate billing may occur) c. Total Deposit: $ 450 (additional hours are billed at $40.50 /hour) VII. GENERAL APPLICATION PROCESSING The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six month period, after which an update should be requested. The Applicant Airport Mini Storage LLC August 12, 2019 6 4 is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically for review by the public. Proprietary information can be redacted from documents prior to submittal. PRE-APPLICATION SUMMARY PREPARED BY: April 19, 2019 Claire Dalby, Planner Airport Mini Storage LLC August 12, 2019 7 Application Form Airport Mini Storage LLC August 12, 2019 8 Airport Mini Storage LLC August 12, 2019 9 Airport Mini Storage LLC August 12, 2019 10 Airport Mini Storage LLC August 12, 2019 11 Ownership Information - 4-203.B.2 See Title Commitment as an Exhibit to this document. Airport Mini Storage LLC August 12, 2019 12 Property Owners within 200’ and Mineral Owners and Lessees - 4- 203.B Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 218527100006 1218 116 COUNTY RD GLENWOOD SPRINGS DUPLICE-MCGOWAN FAMILY TRUST DATED 12/02/98 R080068 6696 HIGHWAY 82 GLENWOOD SPRINGS, CO 81601 218527100007 Not available GLENWOOD SPRINGS UNITED STATES OF AMERICA R080596 1800 MASSACHUSETTS AVE NW SUITE 500 WASHINGTON, DC 20036 218527100008 1097 116 COUNTY RD GLENWOOD SPRINGS AIRPORT MINI STORAGE LLC R080227 6874 HIGHWAY 82 GLENWOOD SPRINGS, CO 81601 218527100009 116 COUNTY RD GLENWOOD SPRINGS REEVES, JOHN A.R080498 PO BOX 2001 GLENWOOD SPRINGS, CO 81602-2001 218527100010 1162 116 COUNTY RD GLENWOOD SPRINGS RUDD, WAYNE G. & SUSAN J. R080497 132 PARK AVE BASALT, CO 81621-9338 218527100026 2195 154 COUNTY RD GLENWOOD SPRINGS MOUNTAIN VIEW CHURCH OF GLENWOOD R060075 PO BOX 222 GLENWOOD SPRINGS, CO 81602-0222 218527100030 2307 154 COUNTY RD GLENWOOD SPRINGS EL-ROCKO MOBILE HOME PARK LLC R060042 2307 COUNTY ROAD 154 GLENWOOD SPRINGS, CO 81601 218527100050 3500-1-18 AIRPORT RD GLENWOOD SPRINGS GLENWOOD SPRINGS, CITY OF R540070 101 W 8TH STREET GLENWOOD SPRINGS, CO 81601 218527100060 3799 82 HWY GLENWOOD SPRINGS HOLY CROSS ENERGY R060100 PO BOX 2150 GLENWOOD SPRINGS, CO 81602-2150 218527400059 3995 82 HWY GLENWOOD SPRINGS LAZY H SLASH ELEVEN LLC R060099 PO BOX 27 GLENWOOD SPRINGS, CO 81602-0027 ROW Not available null Airport Mini Storage LLC August 12, 2019 13 Mineral Interest Owners - 4-203.B The following Process was followed in August, 2019: 1. Review of the current ownership deed for the property for mineral interests or exceptions to title. 2. Review of a title insurance policy. 3. Checked with the Assessors office to determine no mineral interest has been reserved from the subject property. 4. Research of the legal description of the property with the Clerk and Recorder’s computer, no other mineral owners found. 5. Research of whether a Notice of Mineral Estate Ownership was filed for the subject property, no documents found. 6. Research of any transfer deed of the mineral interest to present day. The result of this process was no mineral interest found. Airport Mini Storage LLC August 12, 2019 14 Adjacent Property Owners Map - 4-203.B Garfield County, Colorado Printed: 8/2/20 19 at 12 :51:40 PM Disclaimer This is a compilation of records as they appear in the Garfield County Office s affecting the area shown. This drawing is to be used only f or refe renc e purpose s and the County is not responsible for any inaccuracies herein contained. Garfield Co unty Land Explorer Copyright Garfield County, Colorado | A ll Rights Reserved© Garfield County Land Explorer ¬1 inch = 752 feet 1 inch = 0.14 miles 0 0.2 0.40.1 Miles Garfie ld County Colorado Garfie ld County Colorado www.garfield-county.com Garfield County Pr inted by Web User Airport Mini Storage LLC August 12, 2019 15 Project Description - 4-203.B The applicant is requesting to rezone a City of Glenwood Springs de-annexation parcel to the Garfield County Commercial /General zoning designation. The parcel to be rezoned was de-annexed by the city and transferred to Airport Mini Storage LLC via a boundary line adjustment in November of 2017. The previous zoning was unassigned. The parcel does not fall into any platted subdivision of record. Airport Mini Storage LLC August 12, 2019 16 Vicinity Map 4-203.C Garfield County, Colorado Printed: 8/2/2019 at 12:58 :34 PM Disc laimer This is a compilation of records as they appear in the Garfield County Offices aff ecting the area shown. This drawing is to be used only for reference purposes and the County is not responsible for any inaccuracies herein contained. Garfie ld County Land Explorer Copyright Garfield County, Colorado | All Rights Reserved© Garfield County Land Explorer ¬1 inch = 1,505 fe et 1 inch = 0.28 miles 0 0.4 0.80.2 Miles Garfield County Colorado Garfield County Colorado www.garfield-county.com Garfield County Pr inted by Web User Airport Mini Storage LLC August 12, 2019 17 Rezoning Map Parcel to be rezonedcurrent zoning: unassignedproposed zoning: Commercial/General Airport Mini Storage LLC August 12, 2019 18 Zoning Justification Report 4-203.H The area to be rezoned was de-annexed by the city and transferred to Airport Mini Storage LLC in 2017. A Commercial/General designation would allow Airport Mini Storage LLC to expand commercial operations on the rezoned parcel. Review Criteria 4-113.C 1. The proposed rezoning would result in a logical and orderly development pattern and would not constitute spot zoning. The parcel is contiguous to a larger parcel currently zoned Commercial/General and owned by Airport Mini Storage LLC. Rezoning of the proposed parcel would create a logical and orderly development pattern. 2. The area to which the proposed rezoning would apply has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area. The area to be rezoned was de-annexed by the city and transferred to Airport Mini Storage LLC in 2017. A Commercial/General designation would allow Airport Mini Storage LLC to expand commercial operations on the rezoned parcel. 3. The proposed rezoning addresses a demonstrated community need with respect to facilities, services, or housing. The current Airport Mini Storage LLC facility is near capacity and an expansion of the Mini Storage operations would benefit the community with needed additional storage options. Airport Mini Storage LLC August 12, 2019 19 4. The proposed rezoning is in general conformance with the Comprehensive Plan and in compliance with any applicable intergovernmental agreement. The proposed rezoning would occur in an area designated as” Urban Growth Area” in the 2030 Comprehensive Plan. The previous zoning was unassigned therefore establishing this parcel as Commercial/General will create a parcel for expansion of an existing business which is in line with activity in the “Urban Growth Area”. Exhibits: Title Commitment and Deeds Land Title Guarantee Company Date:December 20, 2018 MENTAL FLOSS, LLC, A COLORADO LIMITED LIABILITY COMPANY PO BOX 130 GLENWOOD SPRINGS, CO 81602 Subject: Attached Title Policy OX63010141.1439390 for 1097 COUNTY ROAD 116, 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: 970-248-3883 or 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: ABS 63010141 Policy Number: OX63010141.1439390 Amount of Insurance: $1,000,000.00 Property Address: 1097 COUNTY ROAD 116, GLENWOOD SPRINGS, CO 81601 1.Policy Date: December 18, 2015 at 5:00 P.M. 2.Name of Insured: MENTAL FLOSS, 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: MENTAL FLOSS, LLC, A COLORADO LIMITED LIABILITY COMPANY 5.The Land referred to in this Policy is described as follows: A PARCEL OF LAND SITUATED IN THE SE1/4NE1/4 AND IN THE NE1/4SE1/4 OF SECTION 27, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL LYING WESTERLY OF THE CENTER OF THE ROARING FORK RIVER AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE OF THE ROARING FORK RIVER, FROM WHICH THE EAST QUARTER CORNER OF SAID SECTION 27, A G.L.O. BRASS CAP STANDARD MONUMENT BEARS S. 88 DEGREES 20'00" E. A DISTANCE OF 786.50 FEET; THENCE S. 07 DEGREES 00'00" E. ALONG SAID CENTERLINE A DISTANCE OF 5.11 FEET; THENCE S. 11 DEGREES 55'12" E. ALONG SAID CENTERLINE A DISTANCE OF 167.56 FEET TO THE SOUTHEAST CORNER OF THAT PARCEL DESCRIBED IN BOOK 348 AT PAGE 87 OF THE GARFIELD COUNTY RECORDS; THENCE S. 63 DEGREES 48'00' W. ALONG THE SOUTHERLY LINE OF SAID PARCEL, A DISTANCE OF 310.00 FEET; THENCE N. 26 DEGREES 12'00" E. ALONG THE WESTERLY LINE OF SAID PARCEL, A DISTANCE OF 176.64 FEET; THENCE N. 01 DEGREE 40'00" E. ALONG THE WESTERLY LINE OF SAID PARCEL, A DISTANCE OF 204.14 FEET TO THE WESTERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN BOOK 275 AT PAGE 346 OF THE GARFIELD COUNTY RECORDS; THENCE N. 30 DEGREES 19'00" W. ALONG THE WESTERLY LINE OF SAID PARCEL, A DISTANCE OF 438.00 FEET TO THE SOUTHERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN BOOK 343 AT PAGE 365 OF THE GARFIELD COUNTY RECORDS; THENCE N. 15 DEGREES 57'00" W. A DISTANCE OF 9.21 FEET; THENCE N. 13 DEGREES 19'17" W. ALONG SAID WESTERLY LINE, A DISTANCE OF 52.35 FEET; THENCE N. 18 DEGREES 51'56" W. ALONG SAID WESTERLY LINE, A DISTANCE OF 239.57 FEET; THENCE N. 21 DEGREES 05'54" W. A DISTANCE OF 119.29 FEET; THENCE N. 69 DEGREES 11'48" E. ALONG THE NORTHERLY LINE OF SAID PARCEL, A DISTANCE OF Land Title Guarantee Company Representing Old Republic National Title Insurance Company Schedule A 470.20 FEET TO THE NORTHEAST CORNER OF SAID PARCEL AT THE CENTER OF THE ROARING FORK RIVER; THENCE S. 09 DEGREES 59'48" E. ALONG THE EASTERLY LINE OF SAID PARCEL, AND ALONG THE CENTER OF SAID RIVER, A DISTANCE OF 346.19 FEET; THENCE S 07 DEGREES 00'00" E. ALONG THE EASTERLY LINE OF SAID PARCEL AND ALONG THE CENTER OF SAID RIVER, A DISTANCE OF 655.29 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: THE PROPERTY CONVEYED BY THE CITY OF GLENWOOD SPRINGS IN DEED RECORDED AUGUST 5, 2014 AT RECEPTION NO. 852205 EXCEPTING THEREFROM THE RIGHT OF WAY FOR COUNTY ROAD. AND EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING A PORTION OF LANDS DESCRIBED IN BOOK 348 AT PAGE 87, AS RECORDED IN GARFIELD COUNTY PUBLIC RECORDS, AND DEPICTED AS AREA RESULTING FROM BEARING QUADRANT ERROR ON THE SCHMUESER GORDON MEYER, GLENWOOD SPRINGS AIRPORT PLAT, RECORDED IN THE LAND SURVEY PLAT DEPOSITORY AS PAGE 549, COUNTY OF GARFIELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST BOUNDARY OF LANDS DESCRIBED IN WARRANTY DEED RECORDED AS RECEPTION NO. 630254 IN SAID PUBLIC RECORDS AND ALSO BEING ON THE EAST BOUNDARY OF LANDS DEFINED ON SAID GLENWOOD SPRINGS AIRPORT PLAT, FROM WHICH THE EAST QUARTER CORNER OF SAID SECTION 27 BEARS N83°04'21"E, 1026.92 FEET; THENCE UPON THE WEST AND SOUTH LINES OF LANDS DEFINED IN SAID BOOK 348 AT PAGE 87 THE FOLLOWING TWO (2) COURSES: 1.) S26°12'00"W, 171.64 FEET; 2.) N63° 48'00"E, 133.84 FEET TO A POINT ON THE EAST LINE OF LANDS DEFINED ON SAID GLENWOOD SPRINGS AIRPORT PLAT; THENCE UPON SAID WEST BOUNDARY OF LANDS DESCRIBED IN WARRANTY DEED RECORDED AS RECEPTION NO. 630254 AND ALSO BEING ON SAID EAST BOUNDARY OF LANDS DEFINED ON GLENWOOD SPRINGS AIRPORT PLAT THE FOLLOWING TWO (2) COURSES: 1.) N26°12'00"W, 100.66 FEET; 2.) N01°40'00"E, 4.60 FEET TO THE POINT OF BEGINNING. 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 OX63010141.1439390 Order Number 63010141 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) 2015 TAXES AND ASSESSMENTS NOT YET DUE OR PAYABLE. 7) EXISTING LEASES AND TENANCIES. 8) RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 29, 1894 IN BOOK 12 AT PAGE 318. 9) TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2014-50 RECORDED SEPTEMBER 16, 2014 AT RECEPTION NO. 853611. 10) ANY RIGHTS, INTERESTS OR EASEMENTS IN FAVOR OF RIPARIAN OWNERS, THE STATE OF COLORADO, THE UNITED STATES OF AMERICA ACTING BY AND THROUGH THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT OF WASHINGTON, D.C., OR THE GENERAL PUBLIC, WHICH EXIST, HAVE EXISTED, OR ARE CLAIMED TO EXIST IN AND OVER THE WATERS AND PRESENT AND PAST BED BANKS OF THE ROARING FORK RIVER. 11) ANY QUESTION, DISPUTE OR ADVERSE CLAIMS AS TO ANY LOSS OR GAIN OF LAND AS A RESULT OF ANY CHANGE IN THE RIVER BED LOCATION BY OTHER THAN NATURAL CAUSES, OR ALTERATION THROUGH ACCRETION, RELICTION, EROSION OR AVULSION OF THE CENTER THREAD, BANK, CHANNEL OR FLOW OF WATERS IN THE ROARING FORK RIVER LYING WITHIN THE SUBJECT PROPERTY. 12) ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING FACTS SHOWN ON ALTA/ACSM SURVEY CERTIFIED DECEMBER 01, 2015 PREPARED BY ARCHIBEQUE LAND CONSULTING, LTD., JOB #13203 : ENCROACHMENT OF FENCELINE OUTSIDE THE NORTHERLY LOT LINE, APPARENT ROAD BEHIND WOODEN SHED ENCROACHING OUTSIDE LOT LINE. SAID DOCUMENT STORED AS OUR ESI 25747255 13) CLAIMS OF RIGHT, TITLE AND/OR INTEREST IN THE PROPERTY BETWEEN THE FENCE ON THE NORTHERLY BOUNDARY LINE AND THE FENCE AS DEPICTED ON THE SURVEY PREPARED BY ARCHIBEQUE LAND CONSULTING LTD., JOB NO. 13203 WHETHER SAID CLAIMS ARISE BY ABANDONMENT, ADVERSE POSSESSION OR OTHER MEANS. SAID DOCUMENT STORE AS OUR ESI 25747255 Land Title Guarantee Company Representing Old Republic National Title Insurance Company (Schedule B) Policy Number OX63010141.1439390 Order Number 63010141 ITEM NOS. 1 THROUGH 3 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED.