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Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com TYPE OF APPLICATION I!!!! Administrative Review □ Limited Impact Review □ Major Impact Review □ Amendments to an Approved LUCP 0LIR □MIR 0 SUP □ Minor Temporary Housing Facility □ Vacation of a County Road/Public ROW □ Location and Extent Review □ Comprehensive Plan Amendmen ~ □ Pipeline Development l!.AND USE €HANGE PERMl m AP.Pl!.ICATION FORM □ Development in 100-Year Floodplain □ Development in 100-Year Floodplain Variance □ Code Text Amendment □ Rezoning D Zone DistrictD PUD D PUD Amendment □ Administrative Interpretation □ Appeal of Administrative Interpretation □ Areas and Activities of State Interest □ Accommodation Pursuant to Fair Housing Act □ Variance □ Time Extension (also check type of original application) INVOLVED PARTIES Owner/Applicant ?::i3o 7 Name: Nordic Gardens Land Fund , LLC Phone: (970 )379-iflSC,: Mailing Address: 2340 County Road 100 city: Carbondale State: CO Zip Code: 81623 E-mail: kfkeating@gmail.com or meehanexcavating@gmail.com Representative (Authorization Required) Name: Colorado Land Advisor, Ltd. Phone: (970 )812-3288 Mailing Address : 300 Main Street Suite 308 city: Grand Junction State: CO Zip Code: 81501-2404 E-mail : Planner@ColoradoLandAdvisor .com -PROJECT NAME AND LOCATION Project Name: Nordic Gardens Land Fund, LLC Assessor's Parcel Number : 2393 354 00 267 --------------- Physical/Street Address: 2340 County Road 100 Carbondale, co, 81623 Legal Description : Section : 36 Townsh ip: 7 Range : 88 A Parcel of Land In Government Lots 17 and 21 , a portion of Gove rn ment Lot 14 , Sec . 31 , Tw in 7 , RNG 87 , AND IN GOVERNMENT LOT 1, SEC. 1, TWN 8 , RNG 88 . Zone District: Ru ra I Property Size (acres): 35. 02 PROJECT DESCRIPTION Existing Use: unpe rm itted contractors yard for excavation and landscape materials processing and handling. Proposed Use (From Use Table 3-403): ______________________ _ Description of Project: Contractors Ya rd-The use of the land for the purpose of storing machinery , equipment , and supplies for businesses that include office , maintenance , and repair facilities for landscaping and excavation companies which provide services to clients through the use of the machinery , equipment, and supplies , on a site up to 5 acres in size . REQUEST FOR WAIVERS .. ' - Submission Requirements □ The Applicant requesting a Waiver of Submis si on Requirements per Section 4-202 . List : Section : n/a Section : Section : Section: Waiver of Standards □ The Applicant is requesting a Waiver of Standards per Section 4-118 . List : Section : n/a Section : Section : Section : I have read the statements above and have provided the required attached information which is Signature of Property Owner Date OFFICIAL USE ONLY: ' FileNumber: _______ _ Fee Paid:$ ____________ _ Project Report March 12th, 2020 revised 27July20 Prepared for: Keith Keating & Meeham Contracting 2340 County Road 100 Carbondale, CO, 81623 Nordic Garden Land Fund, LLC Keith Keating, Property Owner For the proposed Contractor's Yard Prepared by Colorado Land Advisor, Ltd.Nordic Garden Land Fund 2 Project Report This report is property of Nordic Garden Land Fund, LLC. And is intended for the use of the indicated Land Use Application with Garfield County, Colorado. Published in conjunction with Colorado Land Advisor, Ltd. Prepared by: Jeffery Fleming, CNUa, RED+U Colorado Land Advisor, Ltd. 300 Main Street | Suite 308 Grand Junction, CO. 81501-2404 970.812.3288 LandAdvisor@ColoradoLandAdvisor.com As a professional Urban Planner much experience and research has gone into compiling information for this report. All statistical information was compiled from various sources and every attempt has been made to acknowledge the contributing sources. Any errors of omission are unintentional and should be brought to the attention of the author as soon as possible.Nordic Garden Land Fund 3 Project Narrative Table of Contents Introduction and Summary 4 Project Description 5 Soils and Geological Investigations 8 Existing Land Use and Future Land Use 7 Comprehensive Plan 8 Surrounding Land Use 9 Proposed Land Use 10 Impact Analysis 11 Population and Density 17 Transportation and Emergency Services 18 Utility Services 19 Development Schedule 20 Responses to Criteria 21 Nordic Garden Land Fund 4 INTRODUCTION and SUMMARY The purpose of this Project Narrative, documents, and accompanying drawings, is intended to provide an overview of the property and proposed development utilizing Garfield County's Planning process. The site selected for a Contractor's Yard at the Nordic Garden Land Fund site consists of a single parcel of land that is 35.02 acres. The site is located near County Road 100 in Garfield County, Colorado. The parcel of land currently is being used for a landscaping business and materials storage. The Garfield County Assessor has assigned the property the following parcel number: 2393-354-00-267. Along the North end of the property there is the Rio Grande bicycle trail. Garfield County Road 100 is beyond the bicycle trail. The Roaring Fork River is approximately 850 feet Northeast of the property. The property is designated in the County Comprehensive Plan as within both the Residential Low Density (10+ acres per dwelling unit) and Industrial Designation; the developed site resides within the Industrial designation. The Property is near a Rural Employment Center. The site is now being used in an unpermitted fashion.The plan calls for the Contractors Yard: the use of the land for storing machinery, equipment, and supplies for businesses that include office, maintenance, and repair facilities for landscaping and excavation companies which provide services to clients through the use of the machinery, equipment, and supplies. The current use is on 1.7 acres. The remainder of the parcel is undistrurbed and undeveloped. Infrastructure: all necessary utilities for the new site: water, gas, electric, etc. are adjacent, or on-site. Business would continue after permit granted. A separate application for septic permit has been applied for by the owner. The current lease on the property is held by Meeham Excavation which operates primarily as a landscape contractor. They operate with what can be described as typical trucks and equipment. Most of the work performed for their clients is off-site at their clients homes and businesses. A small portion of their overall work is performed on-site, this being the maintenance and storage of equipment used to landscape those properties. No construction is being proposed with this land use application. 5 PROJECT DESCRIPTION Operational Hours – The current proposed use is similar to the approved existing land use permit for a log home manufacturing operation. The two office employees work on-site work from 7:30 AM to 4:00 during winter conditions. Employees work on-site work from 7:00 AM to 5:00 during peak season. Most of the staff works off-site at client projects. Days of Operations - The current days of operational use is similar to the approved existing land use permit for a log home manufacturing operation. Office employees work on-site work from Monday to Friday during winter conditions. Office employees work on-site work from Monday to Friday and an occasional Saturday in summer months. The equipment trips to and from the project location averages 3 trucks a day in the winter and 7 trucks a day In the summer. Seasonal Uses - The current proposed use is seasonal in operation. Unlike the previous log home manufacturing facility which operated daily 52+ weeks a year, much of the contractor yard is used for winter storage and maintenance of equipment. A few employees work on-site during winter months performing maintenance and repairs on trucks and equipment. Mobile equipment is brought into the maintenance building to be worked on as the tools required for this work are stored within this structure. During most of the winter a casual observer may not be aware staff is still working as they are enclosed. Number of Employees – On a typical day during winter conditions employee count is expected to be three to four persons on most days. Two of these are management and office personnel, while the remaining staff are performing the aforementioned equipment maintenance. During peak season operations increase to accommodate the demand in the Roaring Fork Valley. During 2019 and 2020 average on-site peak staff numbered two to three persons as most of the staff is on a project work site. Number of parking spaces – Parking needs are dominated by employee demands with few daily customers coming to the site. Parking on-site has never been an issue, even when the log home manufacturer had it's 15 employees operating on the site. The drive and yard surface is a compacted gravel which has served prior businesses well for decades of operations. Personnel of the business park in front of the office in an area where there is room for eleven 9'x20' spaces, or near the maintenance building where there is room for thirteen 9'x20' spaces. Because this surface is gravel these spaces are not painted. 6 PROJECT DESCRIPTION Location and size of buildings – The site has several existing buildings. The business office is a 28' by 60' structure located approximately at Lat 39.3982, Lon -107.163. The maintenance structure is 40' x 60' building located approximately at Lat 39.3984, Lon -107.1629. Both of these are in the northeast portion of the site. Another shedlike structure exists further west at approximately at Lat 39.3978, Lon -107.1649. A greenhouse, which measures approximately 20'x80', exists along the western boundary of the site at approximately at Lat 39.3979, Lon -107.1654. Water and bathroom Facilities – Water for the site is provided by a well located at Lat 39.3983, Lon -107.1640. The office building contains a restroom facility with toilet and wash sink. Due to the size of the site a portable toilet is centrally placed for the benefit of the yard employees. This is serviced weekly in the summer season and as needed in the off season. 7 EXISTING LAND USE and FUTURE LAND USE ZONING Garfield County has given the parcel a Rural Residential Low zone. It has been identified as an Industrial zone on the Garfield County Comprehensive Plan. The existing Land Use Application (a log home manufacturer SUP 2002 100) for the property was in October 2002. That approved use permit states: Therefore, approval of this SUP review shall be granted to the property owner, Mr. Coffman, and shall run with the land. The area subject to this application falls within the area being identified on the Comprehensive Plan as having an industrial designation. The intended use as a 1.7 acre Contractor's Yard would be appropriate for those zones with an approved Land Use Application. Land Use Map 8 COMPREHENSIVE PLAN The property is designated in the Garfield County Comprehensive Plan as within both of the Residential Low Density (10+ acres per dwelling unit) and Industrial Designation; the developed site resides within the Industrial designation. The property is near a Rural Employment Center. 9 Surrounding Land Use The surrounding land uses in the vicinity of the subject property are considered to be “low to moderate” intensity. Surrounding Land Uses in the immediate vicinity of the subject property are depicted on the accompanying Surrounding Land Use Map that shows the configuration of the various properties in relationship to the subject site. The following chart describes the various land uses that adjoin the property: NORTHWEST Pasture Land NORTH Residential Farm NORHTEAST Single Family Residences WEST Vacant and Industrial SITE EAST Residential Subdivision Undeveloped SOUTHWEST Mountainous Undeveloped Land SOUTH Residential Subdivision Undeveloped SOUTHEAST Single Family Dwellings on Parcels 9 10 PROPOSED LAND USE INTRODUCTION – This Land Use Change Permit application is intended allow the use of a 1.7 acre Contractor's Yard on the site. SITE DEVELOPMENT – Preparation of the accompanying Land Use Change Permit Map is directly related to the site conditions described in this Project Report. The map depicts the areas to be used for the Contractor's Yard Materials Handling. Geological features limit a portion of the property from being developed. Steep terrain along the parcels southern property line present challenges for development. Fragile vegetation and steep mountainous terrain prevent this area from being developed. The steeper terrain encompass approximately 27 acres which present a more challenging design to become buildable space. The property owner is not interested in developing the site in such a manner at this time. He is more interested in creating setbacks protecting both the current use and the environment. The property is accessed across the old Rio Grand right-of-way which is managed by RFTA. The trail is a popular recreational site used by walkers and cyclists. A traffic study was conducted to determine accessibility and any needed improvements to the crossing. That study is submitted to Garfield County along with this Project Narrative. USE AREA % OF TOTAL Contractors Yard 1.7 5% Material Handling Undeveloped land 9% 35.02 ac 100% 3.1 30.2 Undeveloped 86% 11 IMPACT ANALYSIS Contractors Yard Location Image The purpose of this section is to identify the physical and technical characteristics of the property selected for the Nordic Garden Land Fund in relationship to the surrounding area. This section also evaluates potential site development assets and constraints. The entire parcel consists of one lot of land that totals 35.02 acres, located in Garfield County, Colorado. The longitude and latitude of the approximate center of the property is: Lat.-39.398181 and Lon. -107.163479. The site to be used for the Contractor's Yard is 1.7 acres that is irregular in shape. The parcel has an office and shed for the maintenance of equipment. Grasses and natural occurring brushy areas can also be found. Hundreds of large trees are found on the property, these are mostly pine. 12 IMPACT ANALYSIS Section 4-203.G Adjacent Land Uses The closest residential dwelling is 725 feet from the property entrance. This use is in conformance with the Comprehensive Plan Map, whereon this portion of the parcel designated as industrial. The proposed land use change will not change the the zoning of the property. Site Features - The area to be used for the materials handling yard consists of low slopes of 1-2%. It has been used previously for several different commercial and industrial type uses. Most recently it was a log home manufacturer. This 'yard' is buffered from the steeper terrain on the parcel by an irrigation canal, a gravel drive lane, and at least 50 feet of heavily vegetative slopes of 6-10%. Beyond this to the south the slopes increase to a heavily vegetative about a 1 to 1 slope . There is no history of flooding on the site. There are no bodies of water. The irrigation canal is the only water feature on the site. NORTHWEST Rural Pasture Land NORTH Rural Residential Farm County Roadway NORTHEAST Suburban Single Family Residences WEST Vacant and Industrial SITE EAST Residential Subdivision Undeveloped SOUTHWEST Mountainous Undeveloped Land SOUTH Undeveloped Residential Subdivision SOUTHEAST Single Family Dwellings Residential Suburban 13 IMPACT ANALYSIS Soils Characteristics Geological Hazards - All areas in this land use application which will be used for a Material Handling yard will be conducted on low slopes of 1-2%. Geological hazards will be mitigated by on-site operations being a safe distance away from any identified hazardous areas. 14 IMPACT ANALYSIS Groundwater and Aquifer Areas – The owner has an active application for a new septic system. This application was written and produced by a licensed Colorado professional engineer. It contains detailed information regarding groundwater and aquifer systems on the property. Please review that application for it's findings. Environmental Impacts – The operation of the landscape materials handling yard is a needed service in the Roaring Fork Valley. In order to minimize any negative impacts the site has been relatively unchanged from the previous use. Much of that natural vegetation remains in place. Most of the materials be handled on-site are native landscaping products either grown locally or gathered from nearby locations. The materials being brought in and hauled out are largely landscaping materials preferred by locals with mid to upscale homes and businesses. Any environmental impacts are negligible. This location is central to the Valley and reduces the overall miles driven thus minimizing air pollution.Existing environmental conditions will remain virtually the same as they have been. No construction is being proposed with the land use application, no trees or vegetative cover will be removed with this proposal, the flora and fauna will remain intact. The areas proposed to be utilized for the Materials Handling yard preexists as low sloped open yard which encompasses about 3 acres +/-. No area on the parcel to be used for the Materials Handling yard has been identified as critical wildlife habitat. No alteration of native vegetation is being proposed. However, the owner has planted along the property's boundary several hundred additional trees to aide in buffering. Waste generated by humans is and will continue to be disposed of in responsibly accepted means, this includes locking, bear proof, trash cans. 15 IMPACT ANALYSIS Traffic – As with any landscape operation most of the work happens off-site at the clients project. Peak season traffic on the site will consist of up to two office employees arriving for work each day and approximately seven trips by a truck to haul landscape materials out to the project sites.. Wildlife Habitat – This application will create no adverse effect to wildlife habitat,or their buffers as there will be no new controls, or land disturbances. This application will preserve existing native vegetation used by wildlife. The owner notes having seen a bear and a mountain lion in recent years. Bears typically travel one mile per day foraging for food, while the cougar travels several miles per day. No known dens exist on the parcel. Wildfire and it's mitigation – The owner regularly removes and cleans dead-fall and undergrowth. He trims vegetation adjacent to the portion of the site being used in order to reduce fire danger on the site. Geohazards - Geological features limit a portion of the property from being developed. Steep terrain along the parcels southern property line present challenges for development. Fragile vegetation and steep mountainous terrain prevent this area from being developed. This Contractor Yard application is for 1.7 acres of the 35 acre parcel. Approximately 30 acres of the parcel will remain covered in it's natural state. The steeper terrain encompasses approximately 29 acres which present a more challenging design to become buildable space. The property owner is not interested in developing the site in such a manner at this time. He is more interested in creating setbacks protecting both the current use and the environment. No radiation hazards will be created through the approval of this land use application. 16 IMPACT ANALYSIS Section 4-203.G Noise Impacts There is no doubt that vitality of a culture within a city comes with some noise. Humans make noise when there are signs of life, signs of activity. The average highway traffic noise level is considered to be 78 dBA. This is reduced to 75 dBA at 50 feet, and further reduced to 72 dBA at 100 feet. Another 3 dBA is lost at 200 feet, the typical setback of most of the operation from the front property line adjacent to the highway. Certainly any of these are far less than the 86 Db created by a train passing by as is the historical standard for the area. According to the Federal Highway Administration the levels of highway traffic noise typically range from 70 to 80 dB (A) at a distance of 15 meters (50 feet) from the highway. www.fhwa.dot.gov/publications/publicroads/03jul/06.cfm The Contractor's Yard operations will consist of irregular intervals of equipment being brought in to be worked on in the maintenance shop. These vehicles will be dump trucks and skid steers on trailers. This traffic will be the same as when they are traveling along CR100 to and from the shop area. Measured at 76 dBa by a LANDTEK ND98 Sound Level Calibrator Dosimeter. MITIGATION - Efforts to mitigate sounds have been implemented on-site in each of the following ways: Planting of 450 trees along the front (northern) property line. Re-configuring the layout of the site in order to move the more intense operations further from the right-of-way and closer to the center of the parcel. Using soils and stockpiles of screenings as sound attenuation devices by arranging operating equipment behind those stockpiles. Using the screening chute to directly fill trucks rather than screening to the ground then using a loader to load the material onto trucks. 17 POPULATION and DENSITY Garfield County was established February 10, 1883 in Western Colorado. Area: 2,958 square miles / 1,893,120 acres. Industries: energy, tourism, ranching. Federal lands: 60%. Population (2010): 56,389. Quick Facts Carbondale, Colorado APRIL 19, 2018 – Construction led all sectors in the largest rate of employment growth with an increase of 5.0 percent from 2015 to 2016, according to new U.S. Census Bureau economic statistics released today. Overall, construction employment grew from 6.0 million in 2015 to 6.3 million in 2016. In addition, annual payroll in Construction grew 6.5 percent from $348.6 billion in 2015 to $371.3 billion in 2016; and average payroll per employee grew 1.4 percent from $58,020 to $58,824. These factors, along with the prolonged economic growth of the Roaring Fork Valley provide a stable need for the services being proposed for the site. 18 TRANSPORTATION and EMERGENCY SERVICES The Roaring Fork Valley continued growth provides a genuine need for services and jobs such as are being proposed by this application. Meeham Excavation provides services to new construction as well as existing homes in the valley. Their crews access the site occasionally as most often they go directly to the jobsite. Access to the site is gained by major state and county roadways. Most traffic follows one of two routes to the site. Colorado State Hwy 82 is the main thoroughfare in the Valley . From Hwy 82 County Road 100 connects traffic to the site from the east. Persons may also access the site coming from the west-northwest out of Carbondale via County Road 100 which serves the site directly. Emergency Services are provided by joint cooperation of several agencies. The Garfield County Sheriff as well as Carbondale Police provide law enforcement to the area. Station 81 at 300 Meadowood Drive Carbondale, CO 81623 is the closest responding fire station of the Carbondale & Rural Fire Protection District. Response times are short as the station is 3.4 miles away. 19 UTILITY SERVICES and INFRASTRUCTURE STREETS – Motorized access to the site is easily attained via Garfield County Road 100. Should a person chose alternative modes of transportation they may walk or cycle along the historic Rio Grand railway which is maintained by RFTA as a paved recreation trail. DOMESTIC WATER – Water is available and in use on the site from a publicly owned domestic water distribution system. It is estimated that 100 – 1,000 gallons per day will be consumed depending largely on the season. SANITYARY SEWER –The Site has no Sanitary Sewer. A recent study determined the design needs for a new septic system which was designed to serve the purposes spelled out in this project narrative. New sewage connections will be made to that system via an individual 4” line. DRAINAGE – Historic runoff patterns are addressed by the project engineer. and will continue to flow through historic patterns into the adjoining ditches and drainages. These flow easterly into the Roaring Fork River which is a few thousand feet away. NATURAL GAS – This important energy source is available as there is a line in the County Road 100 right-of-way.. DRY UTILITIES – Electric, cable and telephone services are currently extended to the property and serve the businesses on the site. Electric lines bisect the lower end of the property. The engineering drawings depict this on the Site and Utility Plan Sheet 03 CELLULAR TELEPHONE SERVICE - All major cellular telephone companies (AT&T, Sprint and Verizon) provide coverage to the area. Phone reception for each of the carriers is available with signals ranging from excellent (AT&T) to good (Verizon, Sprint and T- mobile). 20 DEVELOPMENT SCHEDULE AND EVALUATION OF THE REQUEST DEVELOPMENT SCHEDULE – This application is for the land use change permit. The owners wish to bring their uses into conformity with the Garfield County Land Use Code. It is expected that any requirements that are not currently being met will happen within a few months of approval of this application. Any immediate non-compliance would be the result of a need to construct or alter items as indicated in a conditional approval letter from Garfield County. It is anticipated that site change requirements will begin immediately upon the County's approval of the land use change permit documents. GENERAL - The development of the subject property is a response to the existing, and future market demands of the Roaring Fork Valley area as projected in the Garfield County Master Plan/Comprehensive Plan. Any activity similar to the proposed development, no matter where it is located, will most likely create some impact to the surrounding community economically, socially and physically. The nature of the proposal and how it is handled and controlled can determine whether the impacts are positive or negative. By a logical evaluation of all aspects of the existing and proposed development, steps can be taken which insure that the ultimate affects by the proposal are beneficial to the community. Environmental Impacts – The operation of the materials handling contractors yard is a needed service in the Roaring Fork Valley. In order to minimize any negative impacts the site has been relatively unchanged from the previous use. Much of that natural vegetation remains in place. Most of the materials be handled on-site are native landscaping products either grown locally or gathered from nearby locations. The materials being brought in and hauled out are largely landscaping materials preferred by locals with mid to upscale homes and businesses. Any neglible environmental impacts are negligible. Economic Impacts – The site has two businesses operating out of the location. Between the two businesses there are approximately 12 full time jobs being created. These jobs support traditional hard working blue collar families. 21 RESPONSES to CRITERIA Article 3, Zoning Rural Zone District – Lot/Building Requirements (Table 3-201) and The existing buidings on the Site meet all of the required setbacks of 50 ft front 25 ft rear And 10 ft side. The lot coverage is well below The Maximum 75% of the 35.2 Acre parcel.. Use Table (Table 3-403) Garfield County has designated the parcel with a Residential Low and Industrial zone designation with the area being used falling within the industrial designation. This application is for a 1.7 acre contractors yard on the site. As shown in the table both of this is a Permitted Use, and thus appropriate to be approved with this Land Use Application. 22 RESPONSES to CRITERIA 4-203.B. General Application Materials required to be submitted to Garfield County Community Development are listed include: o Completed Application Form - SUBMITTED o Completed Payment Agreement Form and application fees - SUBMITTED o Proof of Ownership (title work, copy of the deed) - SUBMITTED o If owner intends to have a representative, both a statement of authority for the LLC and a letter of authorization to represent is needed. - BOTH SUBMITTED o Names and mailing addresses of properties within 200 ft. of the subject property - SUBMITTED 23 RESPONSES to CRITERIA Article 7, Standards – Division 1 General Standards, 7-101. ZONE DISTRICT USE REGULATIONS –This application is for a permitted industrial use of the property within the industrial zone it is found. 7-102. COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS -This application is for an industrial use which fulfills the goals of the Comprehensive Plan [ industrial uses in industrial zones]. 7-103. COMPATIBILITY - This application is for a site that is in a transition zone compatible with adjacent industrial properties. Significant natural landscaping buffers the site from the roadway and rural residential areas. 7-104. SOURCE OF WATER A. BOCC Determination B. Determination of Adequate Water – The site is served by a permitted well which provides culinary water to the business. Irrigation water is provided by the irrigation ditch which bisects the property generally in an east to west direction. 7-105. CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS A. Water Distribution Systems The site is served by a permitted well which provides culinary water to the business. Irrigation water is provided by the irrigation ditch which bisects the property generally in an east to west direction. B. Wastewater Systems – The property owner is in the process of installing a newly designed and permitted septic system on the property to serve the current businesses. 7-106. PUBLIC UTILITIES A. Adequate Public Utilities - The property is served by the utilities as noted on page 15, the utilities page of this report. B. Approval of Utility Easement by Utility Company – No new utility easements are necessary for this application. C. Utility Location - The property is served by the utilities shown on sheet C-03 of the engineered drawings. D. Dedication of Easements – A new access easement from RFTA is being requested for access from County Road 100 to the property for the historic point of access. E. Construction and Installation of Utilities – No new construction is proposed with this application. F. Conflicting Encumbrances – There are no known conflicting encumbrances 7-107. ACCESS AND ROADWAYS A. Access to Public Right-of-Way– A new access easement from RFTA is being requested for access from County Road 100 to the property across the Rio Grand right-of-way. This is a historic point of access. B. Safe Access C. Adequate Capacity – County Road 100 has both adequate design and capacity for the proposed use. Please see the enginners traffic study D. Road Dedications -No new roadways are being proposed, built, or dedicated with this application. E. Impacts Mitigated – This application will result in lower overall impacts than the previously approved Ackerman log home manufacturing use of the property. 24 RESPONSES to CRITERIA Article 7, Standards – F. Design Standards. 7-108. USE OF LAND SUBJECT TO NATURAL HAZARDS – No new construction is proposed with this application. By in large the uses of the site are for storage of landscaping materials and equipment. Natural hazards might include the moderate 2.2:1 slopes further south on the same parcel. These slopes are covered with naturally occurring trees and heavy vegetation. They will remain undisturbed. The office and equipment building are nearly 200 feet away from the toe of the 2.2:1 slope. 7-109. FIRE PROTECTION A. Adequate Fire Protection. - this application is for the continued use of the on-site office building and equipment building to remain in use. As stated on Page 7 of this report Station 81 at 300 Meadowood Drive Carbondale, CO 81623 is the closest responding fire station of the Carbondale & Rural Fire Protection District. Response times are short as the station is 3.4 miles away. DIVISION 2. GENERAL RESOURCE PROTECTION STANDARDS 7-201. AGRICULTURAL LANDS - This application will create no adverse effect to agricultural operations, domestic animal controls, fences, roads, or ditches. The use today is the subject of this application, a landscaping operation and contractors yard. 7-202. WILDLIFE HABITAT AREAS - This application will create no adverse effect to wildlife habitat,or their buffers as there will be no new controls, or land disturbances. This application will preserve existing native vegetation 7-203. PROTECTION OF WATERBODIES - Existing water features are limited to the irrigation canal that bisects the property. Minimum setbacks of approximately 40 feet are observed from all structures. Areas between the structures are either native vegetation or landscaped yard areas. The site operator and owner are enthusiastic about the area and practice diligence in observing State and Federal Laws. 7-204 DRAINAGE AND EROSION - Erosion and Sedimentation are controlled by observing the natural topography of the land and maintaining best management practices using organic materials in appropriate locations to reduce and/or intercept and erosion. Topographically the lower elevations of the site are well vegetated or are used for organic materials such as mulch stockpiles. Again, although there re slopes to the south of the active areas of the 35 acre site these remain heavily vegetated with native species of plants and trees.. 25 RESPONSES to CRITERIA Article 7, Standards – Division 3 Site Planning DIVISION 3. SITE PLANNING AND DEVELOPMENT STANDARDS. 7-301. COMPATIBLE DESIGN - The 35 acre site is organized so that the operations happen near the roadway to avoid steeper topography found on the southern portion of the parcel. Areas where operations take place are on gentle 1-2% slopes. As this use if for a landscapers yard much of the operational characteristics are using small equipment to move rock, mulch, and soils on the site. These are sometimes brought into the site for mixing and preparation before being hauled to a project site to be installed around homes and businesses. This type of operation, though classified as industrial, makes for n excellent buffer between heavier industrial uses and nearby low density rural housing. 7-302. OFF-STREET PARKING AND LOADING STANDARDS - Off-Street Parking is reached via the historic driveway coming in off of County Road 100. There is ample parking on the compacted drive surface. During peak season there are never more than 10 employees and cutomers on-site at any one time. Much of the business is transacted out on project sites where employees are working and meeting with clients. Though not marked as there is no pavement, there are 10 parking spaces directly in front [north] of the office area. Additional parking is available directly west of this point adjacent to the drive entrance. Loading and unloading of landscape materials happens around the site adjacent to stockpiles. Seasonal demand creates a variance in the exact location of these activities. The current volume of business in relation to the available site acreage reveals that there is room for growth on the site. Most areas of the driveways and loading areas are covered with either crushed rock or ¼ minus materials which over time from current and past users is well compacted and will sustain heavy equipment even in wet weather. Access to the site and around the site is unobstructed. General operations of the business means that there is heavy equipment, mainly loaders and trucks, moving around the site frequently. In order for these larger vehicles to have easy access travel ways are wide and easily manageable for ordinary passenger cars or pickup trucks. These larger trucks may at times, although not very often, include a tandem truck for the hauling of materials. These require more room to maneuver The site is laid out so that even these commercial vehicles can be managed well. At no time is backing into the County right-of-way ever necessary or allowed. The historic access point allows for a great deal of 'stacking' and 'storage' for exiting vehicles. Before crossing the Rio Grand trail stops signs are posted for all vehicular traffic to observe. Exiting traffic must stop twice, once before the trail and once again before entering the County right-of-way. Native landscaping is abundant on the site. There are seldom any nightime activities as the business is based upon daytime work activities[landscaping] thus there are is very limited night lighting for parking near the office and warehouse. 26 RESPONSES to CRITERIA DIVISION 10. ADDITIONAL STANDARDS FOR INDUSTRIAL USES 7-1001. INDUSTRIAL USE. B. Setbacks - All activity is on an industrially zoned property. No new building will be constructed as a part of this application. C. Concealing and Screening - All activity is located on an industrial zoned property, all landscape material storage is outdoors. Any, fabrication, service, and repair operations shall be conducted within the maintenance building. In addition to this a large portion of the property is screened off by mature natural vegetation and trees. D. Storing and Disposal - All landscaping materials are stored in compliance with all national, State, and local codes. Landscape materials are traditionally stored outdoors on the property in a way to reduce erosion. Any common rain or wind events will not transfer materials off the property. All petroleum and hazardous products are stored within an impervious spill containment device/ area(s). Any industrial wastes from the processing of the landscape materials are disposed of in a manner consistent with Federal and State statutes and requirements of CDPHE. E. Flammables - Flammable gases and other hazardous material including wastes are stored according to the manufacturer’s standards and comply with State, and localfire codes. The local fire protection district has never written a citation on this site. F. Noise - The most common site noise is the operation of trucks and heavy equipment used in processing landscape materials. The manufatureres of the equipment state that they meet all state regulations. G. Ground Vibration - Every use shall be operated so that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point of any boundary line of the property. H. Hours of Operation - Hours of operation vary by season any activity that generates noise, odors, or glare beyond the property boundaries is conducted between the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday, 27 RESPONSES to CRITERIA I. Interference, Nuisance,or Hazard - No use emits heat, glare, radiation, or fumes that substantially interfere with the existing use of adjoining property. The property's location lends itself to avoiding public nuisance. There are no activities which create the flaring of gases, any aircraft warning signas or reflective painting of storage tanks. The site does maintain the legal requirements for safety and air pollution control measures. This application is a good fit both for the property and the neighboring properties. It allows a low intensity industrial use that is well buffered from adjoining properties. Considerations have been taken for the access point by minimizing truck traffic as much as possible. Approval of this change of use application would be supported by the Garfield County Land Use and Development Code as well as the Comprehensive Plan. Payment Agreement Form GARFIELD COUNTY (hereinafter COUNTY) and Nordic Gardens Land Fund, LLC Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for Contractor's Yard _____________________ (hereinafter, THE PROJECT). 2 . OWNER understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. OWNER and COUNTY agree that because of the size , nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER . OWNER i:Jgrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred . 4 . The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff,t ime or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan . PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE) I hereby agree to pay all fees related to this application. Keith Keating Print Name Mailing Address: 2340 County Road 100 Carbondale, CO , 81623 E-Mail Address: kfkea ti ng@gmai l. com Phone Numb_"' J , 9 70-379-z:tll!tf f)k,-\; Q MK. Signature Date 8 ~~ 93E3948 07/~31~9.fQ_Q~:28:04 PM ~~ge 1 of 2 Jean Alberico, -Garfield County, Colorado----c:-= Rec Fee: $18.00 Doc Fee: $0.00 eRecorded Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of Nordic Gardens Land Fund • a Limited Liability Company (corporation, limited liability company, general partnership, reg istered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity''), and !:>lale:. a:, rullows: The name of the Entity is Nordic Gardens Land Fund LLC and is formed under the laws of Colorado -..c....c..-;~-=-cc.------------------ T he mailing address for the Entity is 2340 County Road 100 Carbondale, co 8162 3 The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is Keith Keating The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"):--'-N""""o""'"n""'e ________ _ Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank):---,.-,------------------ EXECUTED this ~ day of _O_c_t_o_b_e_r ______ _, 20.12.__. s;,natu,e: QJJs f)Jk; Name (printed): Keith Keating . Title (if any): · STATE OF Colorado )SS. couN1Y OF Garfield __ _;;_;_,;;;...._ __ __, The foregoing instrument was acknowledged . before me this __ day of October 20_!2_ by Keith Keating , on behalf of Nordic Gardens Land Fund a Limited Liability Company Witness my hand and official seal. My commission expires: _____ _ {Date) (Notary Public) [SEAL] 1 938948 07/23/2020 02:28:04 PM Page 2 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $18.00 Doc Fee: $0.00 eRecorded CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside personally app:;:d ____ k_/_e_t_• _/_t_! __ /C_j_'t:_' c;_.,.._-._i_:_r:_.t _:n..,,.'s_e_rt_N_a_m __ e_a_n_d_n_it-le--o-f t_h_e_o_ffl_,_·c-er ___ _ Name(s) of Signer(s) "--- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacityOes), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1············1 M.ZINTZUN : Notaiy Public -California : ~ Riverside County l;; "' Commission# 2226832 - My Comm. Expires Jan 23. 2022 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature '-/"?7 , --J .... ~ xr:_, Signature o~otary Public ---------------QPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Oocume11~ Title or Type of Document: _.s:..c::,,=-"'-...!:.{-..LJ...:..1..:..'"-•f:........,l"'-'il~c..;:z.;=..c...::.:_.:..;:_=1--Document Date:-"'-'-"-~=~---'-- Number of Pages: ___ Signer(s) Other Than Named bove: ___________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): _____ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: ______________ _ D Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: ________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Land Title Guarantee Company Customer Distribution PREVENT FRAUD - Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. Order Number:ABS63014880 Date: 04/03/2020 Property Address:2340 COUNTY ROAD 100, CARBONDALE, CO 81623 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance Closer's Assistant For Title Assistance Tom Blake 3033 EAST FIRST AVENUE, SUITE 600 DENVER, CO 80206 (303) 331-6237 (Work) (303) 393-4959 (Work Fax) tblake@ltgc.com Company License: CO44565 Pete Jurgs 3033 EAST FIRST AVENUE, SUITE 600 DENVER, CO 80206 (303) 331-6238 (Work) (303) 393-4883 (Work Fax) pjurgs@ltgc.com Company License: CO44565 Melissa Schroder 5975 GREENWOOD PLAZA BLVD GREENWOOD VILLAGE, CO 80111 (303) 270-0438 (Work) mschroder@ltgc.com COLORADO LAND ADVISOR, LTD. Attention: JEFFREY FLEMING 300 MAIN STREET, SUITE 308 GRAND JUNCTION, CO 81501 (970) 812-3288 (Work) landadvisor@coloradolandadvisor.com Delivered via: Electronic Mail Land Title Guarantee Company Estimate of Title Fees Order Number:ABS63014880 Date: 04/03/2020 Property Address:2340 COUNTY ROAD 100, CARBONDALE, CO 81623 Parties:A BUYER TO BE DETERMINED NORDIC GARDENS LAND FUND, LLC, A COLORADO LIMITED LIABILITY COMPANY, AS TO PARCEL A; REX A. COFFMAN AND JOANN G. COFFMAN, AS TO PARCEL B Visit Land Title's Website at www.ltgc.com for directions to any of our offices. Estimate of Title insurance Fees "TBD" Commitment $217.00 Total $217.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property. Chain of Title Documents: Garfield county recorded 04/02/2007 under reception no. 720212 Garfield county recorded 02/23/1965 under reception no. 228809 Property Address: 2340 COUNTY ROAD 100, CARBONDALE, CO 81623 1.Effective Date: 03/10/2020 at 5:00 P.M. 2.Policy to be Issued and Proposed Insured: "TBD" Commitment Proposed Insured: A BUYER TO BE DETERMINED $0.00 3.The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4.Title to the estate or interest covered herein is at the effective date hereof vested in: NORDIC GARDENS LAND FUND, LLC, A COLORADO LIMITED LIABILITY COMPANY, AS TO PARCEL A; REX A. COFFMAN AND JOANN G. COFFMAN, AS TO PARCEL B 5.The Land referred to in this Commitment is described as follows: PARCEL A: A PARCEL OF LAND SITUATED IN GOVERNMENT LOTS 17 AND 21, SECTION 36, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, A PORTION OF GOVERNMENT LOT 14, SECTION 31, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN AND IN GOVERNMENT LOT 1, SECTION 1, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 1 ALSO BEING THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 1 AND BEING THE SOUTHEAST CORNER OF SAID LOT 21; THENCE S. 49 DEGREES 35' 00" W. A DISTANCE OF 1440. 63 FEET; THENCE N. 11 DEGREES 15' 19" E. A DISTANCE OF 1518.13 FEET; THENCE N. 32 DEGREES 24' 47" W. A DISTANCE OF 144.17 FEET; THENCE N. 65 DEGREES 19' 05" W. A DISTANCE OF 101.49 FEET; THENCE N. 10 DEGREES 13' 55" W. A DISTANCE OF 210.22 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE DENVER AND RIO GRANDE WESTERN RAILROAD; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY N. 81 DEGREES 22' 43" E. A DISTANCE OF 1533.00 FEET TO A POINT ON THE EAST LINE OF SAID LOT 14; THENCE ALONG SAID EAST LINE S. 00 DEGREES 30' 00" E. A DISTANCE OF 431.39 FEET TO THE SOUTHEAST CORNER OF SAID LOT 14; THENCE ALONG THE SOUTH LINE OF SAID LOT 14 S. 89 DEGREES 10' 00" W. A DISTANCE OF 512.04 FEET TO THE SOUTHWEST CORNER OF SAID LOT 14 ALSO BEING THE NORTHEAST CORNER OF SAID LOT 21 AND A POINT ON THE EAST LINE OF SAID SECTION 36; THENCE S. 00 DEGREES 00' 33" W. ALONG SAID EAST LINE A DISTANCE OF 716.86 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:ABS63014880 Copyright 2006-2020 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. *************************************************************** NOTE: THE FOLLOWING LEGAL DESCRIPTION IS PRELIMINARY AND IS SUBJECT TO CHANGE UPON COMPLIANCE WITH THE REQUIREMENTS UNDER SCHEDULE B-1, HEREIN. *************************************************************** PARCEL B: THAT PORTION OF GOVERNMENT LOT 17, SECTION 36, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M. AND THAT PORTION OF GOVERMENT LOT 14, SECTION 31, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH P.M., IN THE COUNTY OF GARFIELD, STATE OF COLORADO, LYING INTERJACENT TO THE RIGHT OF WAY OF COUNTY ROAD 100 AND THAT PARCEL OF LAND DESCRIBED IN DEED RECORDED APRIL 2, 2007 IN BOOK 1908 AT PAGE 906. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:ABS63014880 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: ABS63014880 All of the following Requirements must be met: This 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. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. 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 Public Records. 1.A FULL COPY OF THE FULLY EXECUTED OPERATING AGREEMENT AND ANY AND ALL AMENDMENTS THERETO FOR NORDIC GARDENS LAND FUND, LLC, A COLORADO LIMITED LIABILITY COMPANY MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY. SAID AGREEMENT MUST DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID ENTITY. NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION. 2.DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF NORDIC GARDENS LAND FUND, LLC, A COLORADO LIMITED LIABILITY COMPANY AS A LIMITED LIABILITY COMPANY. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS. NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. 3.LAND TITLE GUARANTEE COMPANY REQUIRES AN ACCURATE LEGAL DESCRIPTION TO BE PROVIDED FOR REVIEW AND APPROVAL. UPON FURTHER REVIEW THE COMPANY HEREBY RESERVES THE RIGHT TO INSERT ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS MAY BE NECESSARY. (AFFECTS PARCEL B) 4.PROVIDE LAND TITLE GUARANTEE COMPANY WITH A CURRENT SURVEY OF SUBJECT PROPERTY. UPON REVIEW, ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS MAY BE NECESSARY. LAND TITLE IS NOT RESPONSIBLE FOR ORDERING SAID SURVEY. SAID SURVEY MUST BE CERTIFIED TO LAND TITLE GUARANTEE COMPANY AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY. 5.WARRANTY DEED FROM NORDIC GARDENS LAND FUND, LLC, A COLORADO LIMITED LIABILITY COMPANY TO A BUYER TO BE DETERMINED CONVEYING SUBJECT PROPERTY. (AFFECTS PARCEL A) NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 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.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 of 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.(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. 8.EXISTING LEASES AND TENANCIES, IF ANY. 9.RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT GIVEN TO ALUX CUAZ ON NOVEMBER 9, 1929. SAID INSTRUMENT STORED AS IMAGE 22761591. (AFFECTS PARCEL A) 10.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 01, 1895, IN BOOK 12 AT PAGE 358. (AFFECTS BOTH PARCELS) 11.RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 01, 1895, IN BOOK 12 AT PAGE 358. (AFFECTS BOTH PARCELS) ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS63014880 12.QUIT CLAIM DEED FROM ALEX CUAZ TO THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY RECORDED JUNE 7, 1927 UNDER RECEPTION NO. 98637. (AFFECTS PARCEL B) 13.DECREE RECORDED JUNE 5, 1937 IN BOOK 189 AT PAGE 156. (AFFECTS BOTH PARCELS) 14.DECREE RECORDED JUNE 5, 1937 IN BOOK 189 AT PAGE 160. (AFFECTS BOTH PARCELS) 15.RIGHT OF WAY EASEMENTS RECORDED MAY 4, 1970 IN BOOK 410 AT PAGE 34. (AFFECTS PARCEL A) 16.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 81-366 RECORDED DECEMBER 10, 1981 IN BOOK 587 AT PAGE 952. (AFFECTS PARCEL A) 17.RIGHT OF WAY EASEMENTS RECORDED MAY 14, 1984 IN BOOK 649 AT PAGE 666. (AFFECTS PARCEL A) 18.RIGHT OF WAY EASEMENTS RECORDED NOVEMBER 14, 1984 IN BOOK 659 AT PAGE 975. (AFFECTS PARCEL A) 19.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT FOR EASEMENT RECORDED JUNE 06, 2002 IN BOOK 1361 AT PAGE 74. (AFFECTS PARCEL A) 20.HOLY CROSS ENERGY RIGHT-OF-WAY EASEMENT RECORDED OCTOBER 17, 2002 IN BOOK 1396 AT PAGE 504. (AFFECTS PARCEL A) 21.UNDIVIDED ONE FOURTH INTEREST IN ALL OIL, GAS AND OTHER MINERALS TOGETHER WITH A RIGHT OF ENTRY AS RESERVED IN INSTRUMENT RECORDED NOVEMBER 24, 1988 IN BOOK 312 AT PAGE 390, ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. (AFFECTS BOTH PARCELS) 22.TERMS, CONDITIONS AND PROVISIONS OF EXCEPTION NO. 13 IN INSTRUMENT RECORDED MARCH 3, 2003 IN BOOK 1442 AT PAGE 342. (AFFECTS PARCEL A) 23.EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED MARCH 3, 2003 IN BOOK 1442 AT PAGE 363, AND RERECORDED JUNE 15, 2005 IN BOOK 1697 AT PAGE 531. (AFFECTS PARCEL A) 24.TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED MAY 03, 2004 IN BOOK 1584 AT PAGE 383. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS63014880 (AFFECTS PARCEL A) 25.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN HOLY CROSS ENERGY RIGHT OF WAY EASEMENT RECORDED DECEMBER 30, 2015 UNDER RECEPTION NO. 871935. (AFFECTS PARCEL A) 26.LACK OF ACCESS TO AND FROM PUBLIC ROAD, HIGHWAY, OR STREET. (AFFECTS PARCEL A) ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS63014880 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 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 of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. The Subject real property may be located in a special taxing district.(A) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (B) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. (C) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (A) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (B) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. (C) The Company must receive payment of the appropriate premium.(D) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. (E) Land]tle' Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. Note: 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. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (A) That such mineral estate may include the right to enter and use the property without the surface owner's permission. (B) JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to your non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and The public records maintained by governmental entities that we obtain either directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We may share your Personal Information with affiliated contractors or service providers who provide services in the course of our business, but only to the extent necessary for these providers to perform their services and to provide these services to you as may be required by your transaction. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT STATED ABOVE OR PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Commitment For Title Insurance Issued by Old Republic National Title Insurance Corporation NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. . COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY i. comply with the Schedule B, Part I—Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a) “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, avenues, 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 to be insured by the Policy. (b) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (d) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (f) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (g) “Title”: The estate or interest described in Schedule A.(h) the Notice;(a) the Commitment to Issue Policy;(b) the Commitment Conditions;(c) Schedule A;(d) Schedule B, Part I—Requirements; and(e) Schedule B, Part II—Exceptions; and(f) a counter-signature by the Company or its issuing agent that may be in electronic form.(g) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (a) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (b) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (c) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (d) The Company shall not be liable for the content of the Transaction Identification Data, if any.(e) I _I I 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Senior Vice President This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Land Title Insurance Corporation. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 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. In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (f) In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (c) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (d) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f) LETTER OF AUTHORIZATION DATE:October 17, 2019 ATTENTION:Garfield County Colorado - Community Development I/WE Nordic Garden Land Fund, LLC REGISTERED OWNERS(S) OF PROPERTY(IES) AT: 2340 County Road 100 Carbondale, CO. Garfield County parcel: 2393-354-00-267 35.02 acres AUTHORIZE: Colorado Land Advisor, Ltd , and Radian Engineering, LLC To act as my/our agent in the matter of obtaining an application for: Community Development Permit, Traffic Study, Civil Engineering plans, Access Permits, Change of Use Permit, on the land(s) described above. Said authorization also includes permissions to view and/or copy any relevant documentation or permits related to the above property(ies). ALL REGISTERED OWNERS MUST PROVIDE SIGNATURES, FULL NAME AND CONTACT INFORMATION Managing Member Phone Number E-mail Address 970.379.3307 Keith Keating <kfkeating@gmail.com> Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 239131300015 Not available CARBONDALE T2 CARBONDALE LLC R111420 4582 S ULSTER STREET, SUITE 405 DENVER, CO 80237-2565 239131300025 2575 100 COUNTY RD CARBONDALE SMITH, ERIC R111788 2575 COUNTY ROAD 100 CARBONDALE, CO 81623 239131302191 Not available CARBONDALE T2 CARBONDALE LLC R111674 4582 S ULSTER STREET, SUITE 410 DENVER, CO 80237-2565 239131321002 Not available CARBONDALE COFFMAN, DOUGLAS A & JULIA D R082591 77 MEADOW POINT CARBONDALE, CO 81623 239336300016 RAILROAD R.O.W. CARBONDALE ROARING FORK TRANSPORTATION AUTHORITY R112105 1340 MAIN STREET CARBONDALE, CO 81623 239336321001 1837 100 COUNTY RD CARBONDALE COFFMAN NORTHSIDE RANCH LLLP R082590 1837 COUNTY ROAD 100 CARBONDALE, CO 81623 239336400267 2340 100 COUNTY RD CARBONDALE NORDIC GARDENS LAND FUND, LLC R009788 2340 COUNTY ROAD 100 CARBONDALE, CO 81623 239336400268 Not available CARBONDALE HANSEN, H P & GWENDOLYN R009789 14 OLD ORCHARD CARBONDALE, CO 81623 246301100081 Not available CARBONDALE T2 CARBONDALE LLC R009787 4582 S ULSTER STREET, SUITE 410 DENVER, CO 80237-2565 246506202021 Not available CARBONDALE T2 CARBONDALE LLC R111077 4582 S ULSTER STREET, SUITE 410 DENVER, CO 80237-2565 246506202022 Not available CARBONDALE T2 CARBONDALE LLC R111078 4582 S ULSTER STREET, SUITE 410 DENVER, CO 80237-2565 246506202190 Not available CARBONDALE T2 CARBONDALE LLC R111673 4582 S ULSTER STREET, SUITE 410 DENVER, CO 80237-2565 DenTer 038832 4-1023-R.. wqe lltuiteh ~ttttes nf J\merir~ In all tu ntl!nm :t!Jrst p:rtlitnta .al]all tnmt. ~rtdittg: WHEREAS, a Certificate of the Reg1ster of the Land Office at Denver, Colorado, has been deposited In the General Land Office, whereby It appears that full payment has been made by the claimant Alex Guaz according to the provisions of the Act of Congress of April 24, I 820, entrtled "An Act making further provision for the sale of the Public lands," and tke acts supplemental thereto, for ·tha Lots twenty-one, twenty-two, and twenty-three of Section thirty-six in Township seven south of Range eighty-eight west of the Sixth Principal Meridian, Colorado, containing sixty-six acres and eighty-four hundredths of an acre, according to the Ofllclal Plat of the Survey of tke said Land, returned to the GENERAL LAND OFFICE by the Surveyor-General: ,NOW KNOW YE, That the UNITED STATES OF AMERICA, In consideration of the premises, and In conformity with the several Acta of Congress In such case made and provided, HAS GIVEN AND GRANTED, and by these presents DOES GIVE AND GRANT unto the said claimant and to the heirs of the said claimant the tract above described; TO HAVE AND TO HOLD the same, together with all the rights, prlvlleges, Immunities, and appurtenances, of whatsoever nature, thereunto belonging, unto th~ said claimant and to the heirs and assigns of the said claimant forever l subject to any vested and accrued water rights for mining, agricultural, manufacturing, or other purposes, and rights to ditches and reservoirs used In connection with such water rights, as may be recognized and acknowledged by the local customs, laws, and decisions of courts; and there is reserved from the lands hereby granted, a right of way thereon for ditches or canals constructed by the authority of the United States. (SEAL) IN TESTIMONY WHEREOF, 1, Herbert Hoover, President of the United States of America, have caused theae letter1 to De made Patent, and the Seal of the General Land Office to be hereunto affixed. GIVEN under my hand, at the City of Wash lngton, the RIJHH day of .NOVEMBER in the year of our Lord one thousand nine hundred and : TWENTY-NINE and of the Independence of the United Statea the one hundred and FIFTY-FOU:H:l B:, the Presldenh By 4 ~-t 77~ve,,v <0~a t.?~ecretary ;?1z: t1J. ~L:~:V- RECORD OF PATENTS, Patent Number _1 (J:3206'7 RBCOrder of th, General I.and Ojfire. ........... THE UNITED STATES OF AMERICAY -'d4-;~ Certific.n.te No./OJ._:?;,:_. __ _ ________ .. i L-=--: =---=--:==-~ . -------------' a.r.cnrding lo /.ho Offi.c.:a./ Plat of' the. Su,rve.11 of the sa.id l,a.n,t.,. return.rd lo the Ge.n,ra.t L<1-11d Office by the Su:rveyor General. whu:h saf.d Tract halfbeen. purci~a.~,t hfAtke sald, __________________ _ \.~_,,(/ 7( ,4 .,0-'-""~-__,,__,,.--~--------- Now-KJlow-Y<J, That the TJ-z Stn.te.• of .lldfl-, in ,wns,derrdion of /he premi..e.,, (l.nd in conform.ii.I/ with tke seve.ro.l .!lets or Conl[ress in such case m,n.(i-t•;;f~rovi,led, luwe l[iven a.nd trn.nted, and by_ f.lrn.,e presents , -Q ;;/r I • .. • ::.,:i:0•_rt:;7t um:ei::~ t::-i.~~~-vef_ c=~ Hold the ,.ame, toffe.ther with a.ll 1-h• ri.tf:••• privilel!es, immi,nitie., and af~J{VZ~eunto be~nf1:nf, u-n-to. t.h• .,a.id and to .. -.J,.~_heirs "·nd as.vit!n.• --J:,,er; suhject t'd,,; ve.,ted and accrued wn.ter r>lfht.• for m1-n.1.nf, o.lfrt- 1 cu,Uura,l, nin.n,11,fac/.urln.( or othnr pu.rposP..f, a.n,d rights to ditchf.s and rr.sn·voir,\ u.:u.r/. in, r.1JnrMction. 10itk su.clt I I U/a,fer ri!fkls a-ft ma,y be. rP,ootr11>z.l'Cl a.-nd a.clcnowledlfed by the loca.! r.u,stom..s. la,ws ruul d,ed.,,..-;,011-s of l'ou,rts, a.nd j al,,;o su.b,}l~cl lo lhe right of the proprietor of a rJP.in or lode to ~:r.frr,,e.t and, rf.nume h,1:,'( nrr.. tl,,P,r6frorn, :~houJ,ri,. the _sg.mr. bg fp11,rul la pen_•!-T(!.-!/. or.,j1]Jrrseyt tl,(uprm,ise.< hN/}lJJl,.,!J,(JJll',d., a,s p,rQm'.d-ed br,-fl ,Wi~~,,,;,,~--- mf..A-J.fv'h.iJ.J.f/lltb•hA.1.u~VJJ "l.*~;,;1..,u~KtU.f-<.M..t,V':!tf_R...,,.4::Z:::,;,.L",1,,<.,(,,C.-c.,u,;7~-f..'~ ~-~p,,1A ru 'teattmo,i'y ho:i:eof, I, ~~vr . _;,.4.c ___ .... _..,_ __ :_ ____ p cs1deol or the Uu11ei States or America, have cau..ed these lett,.rs to be ma,le patent, a,nd the Seal of the Oenera,l Land Office to be herei,ntn alfl.xed. ,--/,:,.,,,A_. I GiT&llo un.d.er my hand, at the City of Washington, the r-•----•-1 day of llw1--------, in the year of our L ne thou,aand eight i h1<ndred a:(J.?U-4-:f~, an~/'!the Independence of the United ) States the one h.11,,dr/a. tfl,,nd.~?-~-.. ·····-; : BY TBE PRESIDE.JVTt-.L./1.A--=v,--~-r.'.-<'.-4'-..<'.~". /-/ -,1 . ;;) ~-"y 'n,~. //-J-_f (!./0 n,,, / '--I' v 1 / ti ~ " //t, //· ---v"' .. Socrotary. '\. ' I. C,-; ,_a-1'A--;Ua/v,, R,cor,f,p,r of Ike Gr.lMM,l La.nd Office . .,-,1 Recorded. r·,,l V ,_.Al ____ Pa,/!I' ti.{__ By .. ·--------------···-·-· ··--··-··-··----·--··-····--··· - ,, .o'clock A• .. M., ltetcption No. ' '1 1 I,'} 1 )o !J . ltecorder. 1/t,h it1 Lh 1· yr·nr rif n111· l."nl 11i,r-th .. 11·•:1nd 11i1w hundr,·d nnd lwtw,·1-11 day ,,r November fl fty-eipht AL!'EHT J. CEii I 0E :a.no UR::oULA H. r;ERJ SE of t)1• C:0111,t.v «f Garf.ield R. A. COi•F'MAN and nu M. COFF1'1AN County of Garfield and StnlP of Colorudo, of llw Rt'corHI purl: \VITNESSETII, That llw ~aid purl ies of th,, first parl, for and in cnnsid1·ration of thf' su111 of Ten Dollars and ot.her v,ood and v11.1uable consideraLl ons -----_ ---~ t" Lil.-:--nitl purl ieso·f tl11• fil·sl part in hn1Hl paid hy LIH' f:llid parlit·:; of lh1: st·t·ond µart, tht• receipt whereof is h1·n.•hy Cflllf•·!-rn1•d 1t11d aeknowledg-t•d, ha Ve ~i-nnted, bar~uined, ~old und convt•yecl, and by these presentg do )!."runt, liar~ai11, Hell, conv1•y and confirm unto the• !'laid partit.•s of lhc srcon<l part, their heirs an<l assigns forever, not in ll·narn·.v in eomrnon hut in joint tl'nancy, nll th,, following dl•scribcll lots or parcel o.f land, situate, lying a111I l11•i11~ i11 the County of Garfield and State of Colorudu, t.o-wil: Lots 12, 13, 16 and 17, Section Jb, Township 7 ~uth, Kange tt8 West of the Sixth Principal Meridian, and Lot lit in Section )1, Township 7 0outh, Range M7 West of the Sixth Principal Meridian. llso Lots 21, 22 and 23 in Section 36, Township 7 ~outh, Range t:l8 West of the Sixth Principal Meridian. Also Lots 1 and 2 in Section 1, Township M South, Range tlB West of the Sixth Principal Meridian. Together w:i th any and all water and water rights, ditch and ditch rights belonging to or used in connection with the above described property;·and particularly but without limitation on the foregoing, an undivided one- fourth int.ere st in the Union Irriga lion Ditch and a like interest in and to the Slough Ditch and the water ri r:hts connected with said two ditches, the same beinr, situate in Water District No. 38. Also all grazing rights and privileges on the Public Domain administered under the Taylor Grazing Act for which the above described property is L>ase property. The first parties, p:rantors herein, except and reserve an undivided one- fourth interest in and to all oil, gas and other minerals of every kind and description in, on or under the real property hereinabove described, together with the right to enter upon and remove said minerals upon payment for surface damage. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise ap1wrlnining, and the reversion and reversions, remainder and remainders, rents, issues ~nd profits thereof, and nil the cstute, right, title, interest, claim and demand whatsoever of the said part ies of the first part, either In lnw 111· equity, of, in and to the a\Jovc bargained premises, with the hereditaments and appurtenances. ===---~·~===---=====~~-=~~~~=~-=. ===========----==-------=iF"=-- No. 768. w AHN.ANT'\' 1>1-;1~1>-Tn Joint 1't-nunt~.-llraJfonJ-Robinson Pt~. Co., Mfr:1. Rubinson'• Ll!'BRl Ul,.nkit. 1824~46 Sto11t St., I).?nvcr, ColoradO Book 312 Page 391 TO IIA\'I~ ANH TO JIOLU Urn ~,uid y1rcrni~09 ahov<' haq~ainC'd nnd d<'ficribcd, \\'ilh the appurtenunccs, unto the 1-mi<l purlH'K of U1P arcond part, Uwir hl!ir:1 and asHig-ns forl~vt'r. A11<l the said parties of th(~ finJt part, for them !'ldvea, their heirs, CXC'cut.ors, nnd ndminii.;trntur!i, do covenant, grant, bargain and agree to a11d with U11• ttaiJ pnrtiee of tho RccunJ purt, their hc•irs and n~signs, thnt at the time of the ensoaling anJ delivery of th,•:-u• pn•s,•nt~. they are Wl'll H1•lzPd of the pn•misC's ahove convcylid, aA of goo<l, sure, perfect, absolute und iridc•ren:,ihl{• (•stalt: or inhPritun('.i' in luw, in frfl simpl~:, unrl ha Ve gou<l right, full power and lawful authority l<J J!.Tunl, lmrg-uin, f:il'II and i.'oltVt>Y thl) sum,• i11 muun(•r au<l form afon·sai<l, nnU lhal tlw same are free and clear ft"on1 ull fo1·uh-r u11d otiH•r ~rnnl~, hnrl{nim~, sale~, licns 1 tox<'8, n~s<•H~:mrnts und incumbrunc<•~ of whatever kind or naturc1 ,o,,,.,,,., subject howc,ver to re::iervations contajned in patents and easements and rights of way for railroads, roads, utiUtil'ls and ditches now in existence, nnd tl,o 11uovo liargaincd premises In the quiet and peaceable possession of the said parties of the second part, their heirs nm! ussigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the suid pal't iesof the fil'st part shall and will WARRANT AND FOREVEli DEFEND . .,,,.-IN WITNESS \\'IIEHEOI•', the sui,l pnrt ies of the first part ha Ve hereunto set their hand IS and Ht•ul s the day and year fit•st above written. Higncd, Scaled nncl Delivered In the l',·,•sl'tw~ of I ..... [SEAL] day of November my hand and official seal. ~;-, _.it th,' .~MU.tat ~ereon or pcnon• hero Insert nnme or nnme■; if by 1,ereonti acting in represent.alive or oUlcfal ~pacity or u attorne,-fn-faet. then lnitert tlaun• ~f peraon u oHcut.or. ~t.W••n<!'y•ln-fact or other cnpucity or deecriptlon: It by officer of corporat.1on, then Insert name of ■ucb ortl~ol' n'r oftlc.erl', re tho ~reeh.lcnt or other u~Cki::!r3 of 11uch corporution, nnmlng it. Researched Mineral Owners A PARCEL OF LAND SITUATED IN GOVERNMENT LOTS 17 AND 21, SECTION 36, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, A PORTION OF GOVERNMENT LOT 14, SECTION 31, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN AND IN GOVERNMENT LOT 1, SECTION 1, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN (not entire legal description) also known as: 2340 CR100 Carbondale, CO 81623 Verified through a search with a Title Examiner from the Land Title Guarantee Company. And; a Title Insurance Commitment by the Old Republic National Title Insurance Corporation numbered as: ABS63014880 Contact: Land Title Guarantee Company, Scott or Andy, 303-850-4189 Identifying Information Owner name(s) Government Land Office (GLO) Garfield County Clerk and Recorder (GCCR)Additional Owner information if available Date _________________________ __________________________________________________ 1958_203497_312_390 Albert J. Cerise and Orsola H. Cerise GCCR Book 12 Pg 390 & 391 November 17th 1958 Land Title Guarantee Company did not find and more current information _________________________ ___________________________________________________ 1895_18788_12_358 James W. Zimmerman GLO Book 5A Pg 88 GCCR Book 12 Pg 358 May 31st 1894 Land Title Guarantee Company did not find and more current information _________________________ ____________________________________________________ 63014880_12826291 Alex Cuaz Patent 1032067 November 9th 1929 Land Title Guarantee Company did not find and more current information Form No. OFFICE OF THE STATE ENGINEER GWS-25 'COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 WELL PERMIT NUMBER _L-_~_>_g_Z-:_1 ____ _ APPLICANT ACKERMAN LAND LLC PO BOX 1318 CARBONDALE, CO 81623- DIV. 5 WD38 DES. BASIN MD APPROVED WELL LOCATION GARFIELD COUNTY SE 1 /4 SE 1 /4 Section 36 Township 7 S Range 88 W Sixth P.M. DISTANCES FROM SECTION LINES Ft. from Ft. from UTM COORDINATES Section Line Section Line (970) 963-0119 PERMIT TO CONSTRUCT A WELL Northing: Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1095 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(ll)(A) as the only well on a tract of land of 35.02 acres described as that portion of Sec. 36, Twp. 7 S, Rng. 88 W, Sec. 31, Twp. 7 S, Rng. 87 W, and Sec. 1, Twp. 8 S, Rng. 88 W, Sixth P.M., Garfield County, more particularly described on the attached exhibit A. 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than three (3) single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns, and the watering of domestic animals. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The return flow from the use of this well must be through an individual waste water disposal system of the non-evaporative type where the water is returned to the same stream system in which the well is located. 7) Pursuant to Rule 6.2.3 of the Water Well Construction Rules, the well construction contractor shall submit the as-built well location on work reports required by Rule 17.3 within 60 days of completion of the well. The measured location must be accurate to 200 feet of the actual location. The location information must include either the 1/4, 1/4, Section, Township, Range, and distances from section lines, or a GPS location pursuant to the Division of Water Resources' guidelines. APPROVED JSG Recei t No. 9501300 State Yr?'(~)~ DATE ISSUED NO ByEXPIRATION DATE NOV ! 5 2004 © Qi https://dwr.state.co.us/Tools/WellPermits/9501 3 67% ... 8 * Q. Search ,... ~ I Well Permits Report Help Login +J Overview Construction Data Permit History Applicant/Contact Imaged Documents Permit Number Permit Category Permjt Status 245829- Resldentlal Well Constructed THIS PAGE IS NOT THE ACTUAL PERMIT Receipt WDID 9501300 The infOfmation contained on this page is a summary of the permit file and may not reflect all details of the well permit. To view the actual permit, click here, or navigate to Imaged Documents to view all documents related to this permit. T Location Division District County Designated Basin Management District Denver Basin Ar ea feature Type Well (Applicafon/Permit) Physical Address City, State, Zip Parcel Type Parcel Name 38 GARRELD Outside Outside Outside Dist N/S 1050 S Dist E/W 600E QlO Q40 SE Q160 SE Section 36 Township 7.0 S Map Range BB .OW Satellite PM UTMx 313663.2 UTMy 4363228.0 Latitude 39.398445 Roaring Fork River + Mapdata C 2020 lOOm L...--......1 TermsofUse Longitude Location Accuracy -107.163989 Spotted from section lines REQUEST FOR WAIVER Keith Keating Nordic Gardens Land Fund, LLC 2340 County Road 100 Carbondale, CO 81623 MEMORANDUM for Garfield County Colorado Community Development Subject: Request for waiver of Landscape Plan requirement I do hereby request that the Landscape Plan requirement be waived for the land use application of a Materials Handling Yard on the property located at 2340 County Road 100. I believe that the property meets the intent of the code because: 1)By virtue that the site has many mature trees, shrubs, and bushes which already exist on it. 2)The parking areas have trees immediately adjacent to them. 3)The office building and maintenance building already have natural landscaping around them. 4)The portion of the property which fronts the public view has a mix of 400 trees, many of which were planted by me. As these mature they will completely obscure on-site activities. 5)Any landscape plan created would merely show the above mentioned vegetation. 6)I believe the site conditions do not warrant a landscape plan as the site exceeds the tree, shrub, and bush count requirements of the County's Code. I understand that if this waiver is not granted I will need to hire and state licensed landscape architect to create a plan. Respectfully submitted, Keith Keating Nordic Garden Land Fund, LLC NORDIC GARDENSCARBONDALE, CONORDIC GARDENS CONTRACTOR' '' ' 'S YARD2340 COUNTY ROAD 100CIVIL SHEET INDEX:C-01TITLE SHEETC-02OVERALL SITE PLANC-03SITE & UTILITY PLANC-04GRADING & DRAINAGE PLANCOLORADO LAND ADVISOR, LTD300 MAIN STREETGRAND JUNCTION, CO 81501970-812-3288RADIAN ENGINEERING, LLCBRYNN BOYD, P.E.CIVIL ENGINEER2438 JACK CREEK ROADGRAND JUNCTION, CO 81505720-224-1095QUANTITIES-LAND USEDEVELOPED4.8 ACRESUNDEVELOPED30.22 ACRESTOTAL35.02 ACRES RIO GRANDE 1RA_ll --= HANSEN 1 HP& GWENDOLYN AGRICULTURAL ' J ~ Ty ROAD '\ 00 couN -~ ~ ~-NORDIC GARDENS r. _ _/ < 5 ACRES s ~s ~s s --,PROPERTY LINE ~s ~s s ~-EXISTING OVERHEAD ELECTRIC NORDIC GARDENS 2130 COMMERCIAL / / / / / CARBONDALE / / AGRICULTURAL LLC s ~" ~ - ~s s s~ I s~ s T2 CARBONDALE LLC AGRICULTURAL o· 1 oo· 200· 300' 1" = 100' FULL SIZE DRAWING Know what's below. Call before you dig. LEGAL DESCRIPTION: SECTION: 36 TOWNSHIP: 7 RANGE: 88 A PARCEL OF LAND IN GOVERNMENT LOTS 17 AND 21, A PORTION OF GOVERNMENT LOT 14, SEC. 31, TWN 7, RNG 87, AND IN GOVENMENT LOT 1, SEC. 1, TWN 8, RNG 88. ACRES: 35.02 SPECPURPOSE-LAND -2130 (COMMERCIAL PROPERTY) u ,..:i ,..:i PROJ. # 181 04 NOTE: DESIGNED BY BMB ALL INFORMATION CONTAINED ON THIS PLAN AND WITHIN THIS PLAN SET WAS OBTAINED AND DRAWN BY JVA APPROXIMATED THROUGH GIS. NONE OF THIS INFORMATION SHOULD BE VIEWED AS EXACT AND DATE 12/01/19 SHOULD NOT BE USED FOR CONSTRUCTION DRAWING NUMBER PURPOSES. THE APPROXIMATED ITEMS INCLUDE AREAS, UTILITY LOCATIONS, BUILDING LOCATIONS, ROAD LOCATIONS, EXISTING GRADING, ETC. C-02 OF 04 DWG ~ -------- APPROXIMATE LOCATION OF ,-~ EXISTING US WEST CENTURY LINK APPROXIMATE LOCATION ,-~ OF EXISTING FUEL TANKS 24 EXISTING PARKING SPACES ----<~ Know what's below. Call before you dig. FIBER OPTIC LINE RIO GRANDE 1RAIL APPROXIMATE LOCATION OF EXISTING WELL APPROXIMATE LOCATION -~ OF HOLY CROSS ELECTRIC METER ~ ~15' ACCESS ROAD ~-NORDIC GARDENS-~ ,,---J APPROXIMATE LOCATION OF EXISTING IRRIGATION DITCH ~ ,cccc""" ccmo, oc \ EXISTING US WEST CENTURY LINK FIBER OPTIC LINE \ \ \ \ 13 EXISTING PARKING SPACES l-___1,C \ ~-APPROXIMATE LOCATION OF HOLY CROSS POWER POLE o' 40' so· 1" = 40' FULL SIZE DRAWING (SCALE APPROXIMATE) 120' u ...:I ...:I 0 1-w O(f)z <( <( (/) 0:::: (/) _J ZOzo_ W_j 00°>-- 0:::: u I-I- <( 0 - II'\ -_J '-' w z 1- u _JO=:, -<( u 0 0 _'-,l 0:::: z (.'.) V(J OOZw z m 1-1- 0:::: (/) - <( -(/) ucS PROJ. # 181 04 NOTE: ALL INFORMATION CONTAINED ON THIS PLAN WITHIN THIS PLAN SET WAS OBTAINED AND APPROXIMATED THROUGH GIS. NONE OF THIS DESIGNED BY BMB ANDt--------~ DRAWN BY JVA INFORMATION SHOULD BE VIEWED AS EXACT AND DATE 12/01/19 SHOULD NOT BE USED FOR CONSTRUCTION DRAWING NUMBER PURPOSES. THE APPROXIMATED ITEMS INCLUDE AREAS, UTILITY LOCATIONS, BUILDING LOCATIONS, C-03 ROAD LOCATIONS, EXISTING GRADING, ETC. OF 04 DWG 7 I ' ------------- -~- r l I ' I I / I I -~ -, I ,,_ I I I ' I I \ -"1 ('·1 (-\1 \._j '--' -------------- /// I I I ◄ --------------- _,/ __ ,,,. // ✓,.,-/' \ \ \ / ' ' ' ' ' ' ' ' ' ' ' ' --- ' ! ' ' ' ' ' I I ' I ' I I ' I ' I i ' I ' I I ' ,.///// r: ·\·1\J o- ,/ //,/// ; ; I ,/ / / ,/ /// / /" /// -------- / ,/ // I// ///.,.,,,.~- //// I ,·, 4( 1' -40' Fl. ';17F D"!L'i'ill'"C; ~s:::.A.L_ A,-'f--=' '(C,/llv'.L'., 1_; C'.\'L I-cUC I IU 11 ';C:Hll\Ull OVF~.A.I fWT: /\L_ I\-U"(H/\ IIUI\ UU\ li\ll\~lJ Ufl Ir c; -'L;OI\ Al~lJ 'NI HII\I 1-1',; f'LM, ,,;l I '/1/'',; '._\ti Al'lll': AJ,IL) /\P-"RU>'. lvl;\ 1~u lr-\UUG-1 G ~ I.JUl\l Cf -IIS llffOR\/ JOT Cl, 5-IOJLD BE V E'NEC /0,S E>'.A,CT ,Arm SHOUI -,: l\::-;T RF JSF--.: =-~-;:~: :~CNS-RJCT :;--;[\ r'., lf''._;c:_s, 11 L Af'f'liCJ)<lls/lA L_\ 11 LlvlG l·ICJllJ_ /\,R~A,S, ~ -_ITY LOC.i\-lOl'JS, 3UIL~l,,IG _OC;OT O\S, R:_;,t,_; _OCA I DI\~;, lXIS I Ii~(_; C~"..AU \Ji'._;, [_IC, 1 ,, n' Lu Know what's below. Call before you dig. PROJ.# u ...:I ...:I • I llt, s:::: i:i:i s:::: rtS •.-t '"cl ns ., c..... 0 C/J --::::::, "O 18104 DESIGNED BY BMB DRAWN BY JVA DATE 12/01/19 DRAWING NUMBER C-04 OF 04 DWG P.O.B. S 31 S 6 S 36 S 1 T 7 S T 8 S R 88 WR 87 WTR 21 TR 17 TR 14 TR 15 TR 1 Fleming 7/31/2020 MSM MEM 2340 CR100 (Carbondale) ESMT 2020-093 2340 COUNTY ROAD 100, CARBONDALE, CO 81623 COUNTY ROAD 1 0 0 DENVER AND RI O G R A N D E W E S T E R N R A I L R O A D 1 IN = 200 FT Materials Handling Contractors Yard Materials Handling Contractors Yard • • THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY SOUTHERN PACIFIC TRANS P ORTATION COMPANY P.O . Box 5482 Denver, Colorado 80217 REAL ESTATE DEPA RTMENT Exhibit-D RT A Access License April 21 , 1993 File: Contract No. 30959 Rex and Joann Coffman 1837 County Road 100 Carbondale, Colorado 81623 Dear Mr. Mrs. Coffman: ' Enclosed, for your records, i s a fully executed copy of Private Way License covering a private road cro sing at Mi le Post 375 + 2956 feet near Carbondale, Co lorado, des i gnated in Ri o Grande files as Contract No. 30959. P lease refer I o this mile post location and file reference in any f uture corre pondence. Yours truly, D. G . Webster I ager of ontracts ·'.' ~ f f , , ~ r ~ y Enclosure t, ~ l • Contract 3 0 95 9 PRIVATE WAY LICENSE THIS AGREEMENT, Made and entered into this 14thday of+------A.D. 19 92, by and between THE DENVER AND RIO GRANDE WES TERN RAILROAD CO ANY, a corpo ration of the State of Delaware, hereinafter called t h e "Licensor" p rty of the f i rst part, and REX A. COFFMAN and JOANN G. COFFMAN, whose address ·s 1837 County Road 100, Carbondale, CO 81623, hereinafter called the "Licensee" party of t he second part: WITNESSETH, That the Licensor, for an d in considerati n of the cove nants and agreements of the Licensee herein containe d and upon th terms and c onditions hereinafter set forth, hereby licenses and permits the constr ction, maintenance and use of the Private Way or private ways her e inafter descried (hereinaft er called "Private Way") across the right of way and t r ack or tracks o the Licensor as herein specified, to wit: A 16 feet wide private road crossing at grade extendin southerly at right angles across the 100 feet wide right o f way and main rack of the Licensor's Aspen Branch at Mile Post 375+2956' nea r Carbondale, G rfield County, Colorado, within the SESE of Section 36, T7S, R88 W, 6th P.M. This License is expressly conditioned upon the perf rmance by the Licensee of all and singular the covenants and agreements hereinaf er set forth to be by said Licensee kept and performed, each of sai d covenants and agreements being hereby made a condition: and it is also hereby stipulated that aw iver by the Licensor of any breach of any condition shall in no way impair the right of the Licensor to avail itself of any subsequent breach of the same or any o her condition . PRIVATE WAY as and wherever said term is employed h 'rein, shall mean a way for travel for pedestrians, vehicles, implements and live tock. Licensee agrees said Private Way shall be used for the foll owing purpose for no other, to-wit: Ingress and egress to P00ia0A00 rivate business. And said term shall include such grading, approac es, planking, ditches, drains, tiling, drain boxes, culverts, catt l e guards, wing ences and fe n ces, gates with proper hinges and latches, raising of t e legraph, teleph ne and signal wires for proper clearance, and such signals, bells, sign post and signs and other safety devices as shall in the particular instance be required by the Licensor, or which may now or hereafter be prescribed and requ i red by any law, State or Fede ral, or by any order of any officer or regulatory board, State or Fede al, having jurisdiction over such matters. The foregoing License is subject to a ll outstanding su erior rights ( including those in favor of telegraph and telephone c ompanies, lesses of said right-of-way and others) and the right of the Licensor to renew and ext nd the same. 1. If the Licensor shall e l ect to constru t said Private Way or a portion thereof, and shall so notify the Lic e nsee, the Licenr ee agrees to pay to the Licensor, in advance, such sum of money est i mated to be $-0-, as shall b e necessary to construct such portion or all of said Private Way, in luding the cost of all necessary material and the transportation t hereof and the cost of all labor and superintendence. If the Licensor shall el e ct not to cons ruct said Private Way, the Licensee shall furnish material for, and construct said Private Way at the sole cost and expense of the Licensee, in such ma nner and accord ng to such pl ans as the 1 RAC JGC RAC • Licensor may deem best for the safety and proper protectio of the track, roadbed and premises of the Licensor. If the amo u nt to be advan ed by the Licensee as hereinbefore provided should be in excess o f the amount req ired, the excess shall be returned to the Licensee, if such amoun t should not be ufficient to cover the expense of work done by the Licensor, the Li c ensee shall pay such additional amount to the Licensor on demand. 2. The Licensee shall, at the sole co t and expense of the Licensee, maintain, repair, and reconstruc t , whenever nece sary and when required so to do by the Licensor, said Private Way a nd all its appur tenances in accordance with plans and in a manner satisfactory to the Licensor; an ~ at all times keep said Private Way in a good state of repair; the Li censor, howeve , shall have the right, if it so elects, at any time, though it shall be under no o ligation whatever to do so, to make necessary or proper repairs or to reconst uct said Private Way, notwithstanding the obligation of the Licensee to maintain, repair and reconstruct; and in the event the Licensor .at any time elects to rep ir or reconstruct said Private Way, the Licensee shall, upon prese ntation of estif ates, advance such sum of money as the Licensor may deem necessary for such repai f or reconstruction, or upon bill being rendered for work already done, the Licen ee shall reimburse the Licensor for the cost of such repair or construction. Th optional right of the Licensor to make repairs or to reconstruct said Private Wa shall in no manner or degree relieve the Licensee from responsibi li ty to the Lice sor or to other persons or corporations for the failure of the Lice ns ee to properly maintain or reconstruct said Private Way, or any structure which the Licensee a rees, as aforesaid to maintain or reconstruct. 3. of $ 250. 00*** The Licensee agrees to p ay to the , as consideration f o r license or, in advance , the sum rmit herein granted. JGC 4. If at any time after the installation f said Private Way, any law, State or Federal, or any officer or r e gulatory board or commission, State or Federal, having jurisdiction, shall require any alterations, changes or improvements of said Private Way and of its appurtenances, as herein de ined, or any additional safeguards, protection, signals or warn ings, the same shall be constructed, maintained and operated at the sole expense of the Licensee, as herein provided with respect to maintenance, repair, reconstruc ti on, etc., in paragraph 2 hereof. 5. Jjhe Licensee shall not enter upon the remises for the purpose of constructing said Private Way nor for the purpose of r pairing or renewing the same, without special written license or p ermit first ha and obtained from the I Licensor, or the Licensor's duly authorized agent, except i cases of emergency when work is necessary to avert loss or damage t o property. A 1 work of construction, maintenance, operation or reconstruction sh all be done y the Licensee in such manner as to cause no interference with the constant, cont nuous and uninterrupted use of the tracks and property of the Licensor as to peration, maintenance, renewals or possible new construction by t h e Licensor. 6. This License shall not b e deemed to giv the Licensee exclusive possession of any part of the premises described, but he Licensor shall have unimpaired right to retain its track or t r acks as now owed and operated at the place of construction of such Private Way, and nothing sha 1 be done or suffered to be done by the Licensee at any time that shall in any mann r impair the usefulness or safety of said track or tracks of the Li censor or of an track or improvement to be hereafter constructed. The Licensor shall have the ri ht at any and all times hereafter to construct, maintain and operate such addition 1 tracks, structures and 2 improvements where said Private Way is to be constructed and across the same, as it may from time to time elect; and in case of any chang at any time in the arrangement, construction or plan of the Li censor's trac s, or in case of the construction of any buildings or improvement s by the Lice sor, said Private Way shall be altered or entirely removed by the Licensee at the sole cost and expense of the Licensee, in such manner as may be necessary to conform to the tracks, building or improvements of the Licensor as s o changed, alte ed or improved, and if the Licensee shall fail to do any of the th i ngs in this par raph enumerated, the Licensor may do or . cause the same to be don e at the cost of the Licensee. 7. The Licensee shall at al l times prote t, indemnify and save harmless the Licensor from any and all claims including claim of negligence against Licensor, demands, judgments, cost, expenses, and all dam e of every kind and nature made, rendered or incurred by or i n behalf of any person or corporation whatsoever, in any manner due to or arising out of any inj ry to or death of any person, or damage to property of any person or persons who soever, including the parties hereto and their officers, families , servants and employees, in any manner arising from or growing out of the construct ion, maintena1 e, operation, repair, extension, renewal, existence, use or removal of said Priv te Way, or the failure to properly construct, operate, maintain, renew or remove he same, and from all costs and expenses, including attorneys' fees connected in a ywise with the matters and things contained in this Agreement. Nei ther the right of supervision by the Licensor of the location, installation, operation and t e maintenance of said Private Way, nor the exercise or failure to exercise said ight, nor the approval or failure to disapprove, by the Licensor o f the location, nstallation, operation I and maintenance of said Private Way, nor the election of th Licensor to construct or reconstruct the whole or any part or to repair said Priv e Way, shall be deemed a waiver of the obligations of the Licensee c ontained in thi paragraph or a release therefrom, or from any other obligation of this agreement re ting upon said Licensee that is hereinbefore or hereinafter expressed or implied. 8. If the Licensee shall fail to locat , construct, operate, repair, extend, renew or remove said Privat e Way in accor ance with the terms of this License and to the entire satisfac t ion ·of the Licenso, or shall fail to pay to the Licensor any sum of money for the construction, rep ir, extension, renewal or removal of said Private Way, or shall fa il to adjust the said Private Way to any changes made by the Licensor, or shall in a ny respect fail o keep and perform any of the conditions, stipulations, covenant s and provisions of this License to be kept and performed by the said Licensee, this Agreement shall at the option of the Licensor be void and of no effect; and thi s License shall cease and the Licensor shall have the right to remove said Private Way and resto e the right of way and premises of the Licensor at any time thereaf t er at the sole xpense of the Licensee. Any forfeiture hereunder may be claimed by the Licensor without notice to the Licensee. Any notice herein provided fo r shall be sufficie tly given and delivered if mailed in an envelope properly stamped and addressed to he Licensee at the last known post office address, or if no address is known, at th post office nearest to the place where the said Private Way is located. 9. Non-use of such Private Way for the p , rpose Tor which it was originally constructed, continuing at any t ime for the pe iod of one year, shall constitute an abandonment of this License. Unless so aban oned or terminated, as hereinabove or hereinafter provided, this License and Agree nt shall remain in full force and effect until terminated by written notice given by either party to the other party not less than sixty days in advance of the date ,f such termination: but it is understood that if at any time the ma intenance and o eration of said Private Way shall be inconsistent with the use by the Licensor, f the right of way for railroad purposes, this License shall immediately cease ip o facto. 3 • 10. Within thirty days after the termin tion of this License howsoever, the Licensee at Licensee• s sole expense, sha 1, if the Licensor so desires the Licensee to do, remove the said Private Way (in luding all approaches, planking, gates, and all other structures constructed 1, connection with said Private Way) and restore the premises of the Licensor, inc f uding all right-of-way fences, to a condition which will be sat isfactory to th' Licensor, and if the Licensee fails so to do, the Licensor may do such work of i emoval and restoration at the expense of the Licensee. In the event of the remov of the Private Way as in this section provided, the Licensor shal l not be liable o the Licensee for the damage sustained by Licensee for or on acc o unt of such re oval, and such removal shall not prejudice or impair any right of a c tion for damage or otherwise which the Licensor may have against the Licensee. 11. (This paragraph left blank intentiona ly.) 12. The covenants, stipulati ons and condi ions of this Agreement shall extend to and be binding upon, the Li c ensor, its succ ssors and assigns, and shall extend to and be binding upon the L i censee and the heirs, administrators, executors, successors and assigns of the L ic ensee (as the ontext may admit), and the term "Licensee" used herein shall be held to nclude such persons, copartnerships or corporations as are menti on ed herein as f the second part. The Licensee shall not assign this License or any interes therein directly or indirectly, nor encumber the same without the written conse t of the Licensor first had and obtained. IN WITNESS WHEREOF, the parties hereto have caus d these presents to be duly executed the day and year first hereinabove written. THE DENVER ND RIO GRANDE RA! ROAD COMPANY Vice Pr sident ATTEST: /,- \-\ License ATTEST: 4 2438 Jack Creek Road Grand Junction, CO 81505 720-224-1095 www.radianengineer.com Transportation Analysis March 2020 Revised July 2020 Nordic Gardens 2340 County Road 100 Carbondale, Garfield County, Colorado Introduction This technical memorandum outlines the traffic analysis for the existing landscaping and garden center “Nordic Gardens” at 2340 County Road 100 in Carbondale, Garfield County, Colorado. The report’s goal is to satisfy the requirement of the Garfield County Land Use Code. The landscaping and garden center provides landscaping materials to the surrounding counties. This traffic analysis will include traffic counts for the existing road (County Road 100) and trip generation calculations for traffic movements in and out of the existing business. From this data, applicable proposed recommendations for improvements (if required) will be provided. The development is located on the south side of County Road 100, just east of Carbondale, Colorado, in unincorporated Garfield County, Colorado. An existing access to the site comes off County Road 100 directly across from a shared driveway of three homes. The existing access crosses the Rio Grande Trail before heading to the existing site. The access location has good visibility in both directions for turning movements both in and out of the proposed development. The nearest major intersection is SH 82 and County Road 100, which is about a mile to the northeast of the site. See the vicinity map below for the site location. Figure 1: Location Map and local roads. Site Existing Traffic Count Traffic was counted on two weekday evenings (about rush hour time), and two weekday mornings (about rush hour time). The days selected were all days with no holiday in particular and the weather during all traffic counts was dry and warm, with the exception of one morning that had a slight rain drizzle for about an hour. Arrival and departure times of the traffic counting technician and activity times are listed below. The technician stayed on all days until the peak was over. Date Technician Arrival Time Technician Departure Notes 3/11/20 4:30 pm 6:30 pm PM Peak, rush hour 3/12/20 7:00 am 9:00 am AM Peak, rush hour 3/12/20 4:00 pm 6:00 pm PM Peak, rush hour 3/13/20 7:00 am 9:00 am AM Peak, rush hour Traffic was counted in 10 minute increments in both east bound and west bound on County Road 100. Eastbound is shown in ORANGE and westbound is shown in GREEN. Turn movements were counted both in and out of the existing subject property and in and out of the shared driveway across the road. These turn movements are all labeled alphabetically as shown on the diagram below. NORTH Appendix A shows the traffic counts for each of the four traffic periods. From this data, it can be concluded that: 1. AM Peak can be seen between approximately 7:40 am and 8:20 am. 2. PM Peak can be seen between approximately 5:00 pm and 5:40 pm. 3. Peak traffic seems to be flowing to/from the Aspen, Colorado area. 4. The total number of turn movements into/out of the subject property witnessed over four 2- hour periods was 43. This was 1.4% of the total through traffic on County Road 100. (43/3137 = 1.4%) The number of turn movements is significantly less than the 20% threshold as outlined in the Garfield County Land Use and Development Code (GCLUDC). Therefore no turn lanes or other traffic devices are recommended at this time. No construction is proposed at this time. Future Traffic Prediction It is not anticipated that there would be additional vehicles to or from the subject property in the future. The business plans to operate in the same way that it does currently. There is this one existing entrance/exit point for the existing property. The exit has good visibility along County Road 100 and drivers are able to see at least 500 feet in both directions. Nearby Traffic Issues Curve/Bridge Area on County Road 100 About a half mile east of the site, there is a 15 MPH curve and narrow bridge on County Road 100. This curve has good signage, but the traffic slows down greatly in this area as they approach the bridge and curve. No problems were witnessed, but significant truck traffic could cause issues in the area. The traffic associated with the subject property will not and does not affect general traffic in the area of this curve and bridge. There is no additional large trucks or buses associated with the subject property, during the four peak hours where traffic was counted. Rio Grande Trail Crossing The driveway crosses the Rio Grande Trail about 50 feet from County Road 100. This close of a crossing to County Road 100 could potentially cause problems with traffic and pedestrians. The path is well marked, identifying the driveway and the driveway is well marked identifying the path. In the future, the county may want to consider rerouting the trail further to the south, however this would require additional right of way. Conclusion Appendix B shows photos around the site, for reference purposes. From the witnessed traffic flow information, it can be assumed that additional Peak Hour traffic on County Road 100 is negligibly affected by landscaping business, due to the minimal amount of traffic in/out of the site during the peak hour periods. As witnessed and as calculated, the traffic on County Road 100 would not be significantly affected by any turn movements in/out of the site. Professional Certification. I hereby certify that this Traffic Report was prepared or approved by me, and that I am a duly licensed professional engineer under the laws of the State of Colorado. ________________ Brynn M Boyd, P.E. License No. 44855 APPENDIX A – PEAK PERIOD TRAFFIC COUNT Time Period 1 2 A B C D E F G H WB EB TO PROP FM PROP TO DW FRM DW TO DW FM PROP TO PROP FRM DW Date 3/11/20 PM PEAK Weather SUNNY - DRY 4:30 32 27 1 4:40 38 25 1 1 4:50 37 24 1 5:00 55 32 5:10 59 34 5:20 62 33 5:30 58 32 5:40 60 28 5:50 36 19 6:00 55 19 1 6:10 36 13 6:20 25 15 Date 3/12/20 AM PEAK Weather DRIZZLE AND RAIN 7:00 6 22 7:10 6 31 7:20 24 37 1 7:30 18 31 1 1 7:40 31 39 1 3 7:50 30 36 1 1 1 3 8:00 29 66 1 1 8:10 28 40 1 1 8:20 32 35 8:30 26 27 1 1 8:40 22 28 1 8:50 29 31 4 1 Date 3/12/20 PM PEAK Weather CLEAR - DRY 4:00 35 28 4:10 40 26 4:20 36 24 4:30 40 23 2 1 2 4:40 45 20 1 4:50 36 28 5:00 59 35 5:10 59 35 2 5:20 48 36 1 1 5:30 41 33 5:40 50 29 1 1 5:50 52 26 6:00 40 24 1 Date 3/13/20 AM PEAK Weather CLEAR - DRY 7:00 5 22 1 1 7:10 8 32 1 7:20 19 28 7:30 17 21 7:40 30 45 2 7:50 23 36 8:00 20 61 1 8:10 28 40 1 8:20 32 35 1 8:30 13 32 1 8:40 13 23 8:50 18 30 TOTALS 1641 1496 7 12 2 3 1 7 17 3 BOLD = ONE SEMI / BUS APPENDIX B – SITE PHOTOS SITE ENTRANCE OFF COUNTY ROAD 100 (SOUTH) LOOKING NORTH IN DRIVEWAY TOWARD RIO GRANDE TRAIL AND COUNTY ROAD 100 LOOKING EAST ALONG COUNTY ROAD 100 LOOKING WEST ALONG COUNTY ROAD 100 15 MPH CURVE WITH BRIDGE