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HomeMy WebLinkAbout1.00 General Application Materials 2890030.1 Glenwood Springs Office 910 Grand Avenue, Suite 201 Glenwood Springs, Colorado 81601 Telephone (970) 947-1936 Facsimile (970) 947-1937 GARFIELD & HECHT, P.C. ATTORNEYS AT LAW Since 1975 www.garfieldhecht.com Haley Carmer hcarmer@garfieldhecht.com September 6, 2023 VIA EMAIL Garfield County Development Department c/o Glenn Hartmann, Planner 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 RE: 214 Center Drive, LLC/Glenwood Partnership LLLP Second Revision to Special Use Permit Amendment Application Dear Glenn: On May 30, 2023, 214 Center Drive, LLC (“Applicant”) submitted to Garfield County (“County”) its application for an amendment of the Special Use Permit approved by Resolution No. 81-121 (the “SUP”) (the “Application”). The Application was revised on July 19, 2023, to update the scope of the requested SUP amendment. The SUP applies to the real property commonly known as 214 Center Drive, Glenwood Springs, Parcel No. 218506100042, and legally described in the title commitment provided with the Application (the “Property”). Glenwood Partnership LLLP (“Owner”) is the owner of the Property. The Application is related to, and Applicant has requested that it be considered contemporaneously with, a minor subdivision application for the Property (the “Subdivision Application”) that was submitted on February 23, 2023, and supplemented on May 30, 2023. The purpose of this letter is to acknowledge the procedure under which the SUP amendment will be processed and reaffirm the nature and scope of the amendment Applicant is seeking. As explained in prior cover letters, Applicant originally proposed that the SUP be amended to: (1) apply to the Property as subdivided into the three lots proposed in the Subdivision Application in lieu of the metes and bounds description of the Property reflected in the SUP; (2) incorporate a new, updated site plan; and (3) update the phasing plan for buildout of the commercial park. Based on feedback from staff, Applicant now desires to amend the SUP to only apply to the improved portion of the Property, which will become Lot 1 of the proposed Cooper Minor Subdivision (“Lot 1”) if the Subdivision Application is approved. A metes and bounds description of proposed Lot 1 is included as Exhibit A to this letter. Two commercial buildings are currently located on the Property and are contained within Lot 1. The configuration of the proposed subdivision takes into account the location (including setbacks), utility, and access needs of the existing buildings. Those buildings were constructed by Owner pursuant to the SUP and original site plan and constitute Phase 1 of the SUP site plan. The existing development on the Property is in compliance with all conditions of approval of the original SUP as explained in Appendix A. Mr. Glenn Hartmann September 6, 2023 Page 2 of 8 2890030.1 By amending the SUP to apply only to Lot 1, the remainder of the Property would revert to existing CL zoning, and future development of Lots 2 and 3 would be subject to the CL zoning requirements. Neither Owner nor Applicant has development plans for Lot 3 at this time, although a possible configuration of buildings on Lot 3 is shown on the Subdivision Application site plan. Applicant intends to develop Lot 2 with three new buildings. One building will be used for self- storage, which is a permitted use in the CL zone district, and the other two will include several flex units. The flex units will have office space at the front and storage space at the back. While the use of each individual flex unit is not yet known, uses will be limited to those allowed in the CL zone district, which could include, among other things, offices, wholesale and retail establishments, fabrication, or general services establishments. The development contemplated for Lot 2 meets the CL dimensional requirements as indicated below and depicted on the site plan included in the Subdivision Application: CL Zoning Requirements Proposed Lot 2 Development Minimum Lot Area 7,500 sq. ft. 7.897 acres/343,213 square feet Lot Coverage 85% 31% (Total building footprints = 106,300 sq. ft.) Maximum Floor Area Ratio 50% 45% (Total building square footages = 155,000 sq. ft.) Setbacks Front: 50’ arterial, 25’ local; Rear: 7.5’; Side: 10’ LUC 7-1001(D): 100’ from residential property line Front: 25+ feet; Side: 10+ feet; Rear: 7.5+ feet LUC 7-1001(D): 100 feet Height 40 feet 25 feet Since the initial submission of the Application, County staff has determined that the proposed amendment to the SUP constitutes a substantial modification. Accordingly, the Application will be reviewed by the Board of County Commissioners at a public hearing. Nonetheless, Applicant provides the following analysis of the minor modification criteria with respect to the Application for additional context and information: 1. The proposed amendments are those that rearrange/reconfigure elevations, structures, parking areas, landscape areas, drainage facilities, utilities, or other site improvements. The proposed amendment does not make any change to the site improvements on Lot 1. The elevations, structures, parking areas, landscape areas, drainage facilities, utilities, or other site improvements on the remainder of the Property will be subject to the CL zoning and other standards set forth in the LUC at the time of development. 2. The modifications comply with the requirements of the Code. See Appendix A to the narrative included with the Subdivision Application. As noted above, the configuration of the proposed subdivision takes into account the location (including setbacks), utility, and access needs of the existing buildings, and the proposed development on Lot 2 complies with current Code requirements. Mr. Glenn Hartmann September 6, 2023 Page 3 of 8 2890030.1 3. The modifications do not conflict with the Comprehensive Plan. See Appendix A to the narrative included with the Subdivision Application. 4. The proposed modifications do not change the character of the development. No change in the uses allowed under the SUP are proposed, and the nature and intensity of the uses on Lot 1 will not change as a result of the amendment. The nature and intensity of the uses proposed on Lot 2 were designed to comply with the SUP and therefore will not change the character of the development. Further, the uses permitted as of right in the CL zone district are generally consistent with those allowed under the SUP. A current or future owner who intends to conduct a use on Lot 2 or Lot 3 that is not permitted by right will be required to obtain administrative, limited, or major impact review approval before engaging in the use, which will ensure that any adverse impacts are identified and mitigated. 5. The proposed modifications do not alter the basic relationship of the development to adjacent property. See response to #4. Additionally, the site plan included in the Subdivision Application will align the northern entry point to the Property with Chapparal Circle to make that intersection safer and more functional than under the SUP site plan. The proposed development on Lot 2 locates the majority of the buildings on the lot towards the southern end of the lot to increase the buffer between development on the Property and adjacent residential lots. 6. The proposed modifications do not change the uses permitted. The proposed amendment to the SUP will not change any uses permitted under the SUP. 7. The proposed modifications do not require amendment or abandonment of any easements or rights-of-way. No existing easements or rights-of-way will be abandoned. All new easements need to develop the Property consistent with the Site Plan will be dedicated on the Final Plat. 8. The proposed modifications do not increase density. The SUP allows for up to 15 buildings to be constructed on the Property, but only 2 buildings have been constructed on Lot 1. The maximum number of buildings allowed under the SUP will not change as part of the proposed amendment. 9. The proposed modifications do not increase the zone district dimensions to an amount exceeding the maximum dimension in the applicable zone district in Table 3-201. No change to dimensional standards is proposed as part of the Application. The 25-foot height limit imposed by the SUP will remain in effect on Lot 1, and future buildings on Lots 2 and 3 will be subject to the maximum height of 40 feet allowed in the CL zone. 10. The proposed modifications do not decrease the amount of the following to an amount below the minimum required in the applicable zone district: a. Amount of dedicated Open Space; b. The size of or change in the locations, lighting, or orientation of originally approved signs; and c. Any zone district dimensions in Table 3-201. None of the foregoing are affected or changed by the Application. Mr. Glenn Hartmann September 6, 2023 Page 4 of 8 2890030.1 Because the Application will be processed as a substantial modification, staff has discretion to determine the submittal requirements for the Application. Staff has advised that the documents previously submitted as the Application will suffice, subject to this updated cover letter and land use application form. For sake of clarity, the following materials will comprise the Application: 1. Land Use Application Form – updated 9/6/23 2. Cover letters dated 5/30/23, 7/19/23, and 9/6/23 3. Payment for Application fees ($300.00) 4. Statement of Authority for Owner 5. Authorization Letter from Owner 6. Payment Agreement Form 7. Statement of Taxes Due 8. Mineral Owner Certification Form 9. List of Landowners within 200 feet 10. Pre-Application Conference Summary 11. Title Commitment 12. Improvement Survey Plat 13. 1980 SUP 14. Resolution 81-121 15. Original Site Plan 16. Relevant portions of the Subdivision Application are incorporated as part of the Application by reference A link to an electronic file containing only the documents that comprise the Application will be provided. Please contact us if you need additional information or have questions regarding the updated Application. We look forward to working with the County as we proceed through the application process. Sincerely, GARFIELD & HECHT, P.C. Attorneys for Applicant By: Haley Carmer Enclosures Mr. Glenn Hartmann September 6, 2023 Page 5 of 8 2890030.1 EXHIBIT A Legal Description of future Lot 1, Cooper Minor Subdivision A PARCEL OF LAND SITUATED IN SECTION 6, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE 6TH P.M., SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE GLENWOOD SPRINGS MALL SUBDIVISION WHENCE THE WITNESS CORNER TO THE S1/4 CORNER OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 89 WEST OF THE 6TH P.M. BEARS N38°40'53"E 853.45 FEET SAID POINT OF BEGINNING ALSO BEING THE SOUTHEAST CORNER OF THAT PARCEL DESCRIBED AS PARCEL C IN BOOK 1205 AT PAGE 589 IN THE OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER; THENCE ALONG THE EAST LINE OF SAID PARCEL C N2°44'00"E 283.44 FEET; THENCE LEAVING SAID EAST LINE S.87°24'30"E. A DISTANCE OF 459.36 FEET; THENCE S.02°42'27"W. A DISTANCE OF 166.00 FEET; THENCE S.87°17'33"E. A DISTANCE OF 105.91 FEET; THENCE S.02°42'27"W. A DISTANCE OF 29.87 FEET TO THE NORTHERLY BOUNDARY LINE OF SAID GLENWOOD SPRINGS MALL SUBDIVISION; THENCE ALONG SAID NORTHERLY BOUNDARY LINE THE FOLLOWING TWO (2) COURSES: 1) S.47°42'00"W. A DISTANCE OF 125.06 FEET 2) N.87°18'00"W. A DISTANCE OF 476.98 FEET TO THE POINT OF BEGINNING. CONTAINING 139,038 SQUARE FEET OR 3.192 ACRES, MORE OR LESS COUNTY OF GARFIELD STATE OF COLORADO Mr. Glenn Hartmann September 6, 2023 Page 6 of 8 2890030.1 Appendix A Special Use Permit Conditions of Approval 1. That the use of the tract of land comply with all present and future regulations of Garfield County relating to special use permits for commercial parks in the zone district in which the property is now or may later be located. The existing use and development comply with the SUP and applicable code provisions. 2. That, prior to the issuance of the authorized special use permit, the above-described tract of land shall be severed from any other tract of land upon which there may exist a principal use, unless such other such principal use has been terminated at the time of the issuance of the special use permit. When the Property was first developed, it was a vacant, standalone parcel on which no principal use existed. 3. Maintenance of the waterlines within the property boundaries will be the responsibility of the project owner. Control valves will be installed at the property boundaries where water lines inside the project connect to public water lines. All public water used on the project will be metered with secondary metering installed to meter water used for irrigation of landscaping, unless otherwise agreed to by the West Glen Water District. Existing and future waterlines on the Property will be privately owned and maintained by the owners of the three lots that will make up the minor subdivision of the Property. Water provided by the City of Glenwood Springs is metered for the existing buildings and will be metered for any future buildings. Owner’s Reynolds & Cain Ditch Company shares are and will continue to be used to irrigate the Property. Owner’s proportionate share of the Reynolds & Cain shares will be dedicated to the City of Glenwood Springs in exchange for increased public water service to serve future development of the Property. Irrigation water will be metered if required by the City. 4. a) The location (s) of fire hydrant(s) necessary to service each phase of the project shall be subject to review by the Glenwood Springs Fire Department for compliance with codes, prior to the issuance of any building permits. Fire hydrants and necessary waterlines to serve the hydrants shall be in place and functioning for each phase at the time the foundation walls reach ground level and at the time of final foundation inspection by the County Building Department. The location of existing fire hydrants were approved by the Fire Department prior to their installation. 4. b) Fire protection, where required, within buildings, shall be subject to review and recommendation, as per code, by the Rural Fire District department, prior to the issuance of a building permit. Fire protection within the existing buildings complies with the codes in place at the time they were constructed and was reviewed by the Fire Department. 4. c) Turn radii necessary for access in critical areas, by firetrucks that will be serving the project will be provided. Access to the Property as it currently exists is sufficient to accommodate firetruck access and turning radii. Mr. Glenn Hartmann September 6, 2023 Page 7 of 8 2890030.1 4. d) Uses in buildings that require special fire protection consideration or special construction shall be designated prior to the issuance of a building permit and subject to review, as designated by code, by the Building Department, Planning Department and Fire Department. These uses shall be those designated in the U.S.C. as “hazard” or (H) uses. No existing uses on the Property require this designation. 4. e) Areas for snow storage shall be designated prior to the issuance of building permits and subject to review for compliance with code by the Building Department, Planning Department, and Fire Department. Snow storage was addressed prior to the issuance of building permits for the existing buildings. 5. The project owner shall confer with the County Sheriff' s Department for advice on security matters prior to the installation of security lighting and landscaping. Owner conferred with the Sheriff’s Department on existing security lighting and landscaping prior to installation of the same. 6. No building permits shall be issued for any phase until: 1. there are sufficient water taps available to serve that phase for all of its water requirements from a public system. 2. or proof that a private water system will adequately serve all of the water needs of the project. Owner had sufficient water taps from the West Glenwood Water District to support Phase 1 at the time it applied for a building permit. 7. a) A 5-foot sidewalk shall be installed along the Westerly end of the property in the New County Road ROW before a certificate of occupancy will be issued for the first phase. The construction of the sidewalk shall be at the expense of the developer. Storm King Road and the adjacent sidewalk were constructed prior to the issuance of a certificate of occupancy for the first building on the Property. 7. b) The owner of the property will be expected to contribute to the financing of a sidewalk along County Road 130, when it is deemed necessary by the County. When Lot 2 is developed, Applicant will install a sidewalk along County Road 130 for the length of Lot 2’s northern boundary to its intersection with the new roadway that connects to County Road 130. 8. The project as proposed, is directly tied to the Ainbinder Shopping Center i.e.: a. On site drainage is to be handled through Ainbinders storm drains. b. The New County Road is necessary for the project and has to be constructed. c. Utility lines installed on Ainbinders project will serve the Glenwood Business Center. In the event the Ainbinder project is not constructed, the Glenwood Business Center must stand on its own. The storm drains and utility lines serving the Property are tied into the infrastructure supporting the Glenwood Springs Mall. 9. All on- site and off- site improvements required to service each phase of the project must be completed before a certificate of occupancy will be issued for that phase. The improvements will be subject to review by the Building Department, Planning Department, and the Fire Department for compliance with code and conditions of the special use permit. The improvements shall include: Necessary roads, water lines, sewer lines, fire hydrants, parking, landscaping, storm drainage, utilities, sidewalks, and any other Mr. Glenn Hartmann September 6, 2023 Page 8 of 8 2890030.1 improvements necessary for the function of any particular phase. This condition was satisfied when the existing buildings were constructed and completed. 10. The New County Road proposed on the Westerly boundary of the site from Highway 6 and 24 to County Road # 130, must be constructed to County specifications, before any certificate of occupancy will be issued for the project. This condition was satisfied when Owner constructed Storm King Road and dedicated it to the County. 11. Landscaping will be a minimum of 12% for the entire project. Existing development on the Property complies with this condition. 12. The uses in the park will be limited to a maximum of 3 residential uses, for the purpose of management, security, and maintenance for Commercial establishments, wholesale and retail establishments, personal services establishments, general services establishments, offices, and community buildings. Existing uses on the Property fall within one or more of the listed, approved uses for the commercial park. 13. The maximum number of buildings on the site will be 15. Only two buildings are currently constructed on the Property. 14. Development under the within permit shall be in accordance with the representations contained in the amended application filed with Garfield County, unless otherwise specifically authorized or directed by this Board. To the best of Owner’s knowledge, Owner has complied with all representations contained in the amended special use permit application filed with Garfield County. Account Number R020404 Parcel 218506100042 Acres 15.830 Assessed To GLENWOOD PARTNERSHIP LLLP 214 CENTER DRIVE GLENWOOD SPRINGS, CO 81601-2564 Legal Description Situs Address Section: 6 Township: 6 Range: 89 A PARCEL OF LAND SITUATE IN THE NE1/4 & NWSE OF SECTION 6, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED PER DEPOSITED SURVEY NO. 719. 000214 CENTER DR Year Tax Interest Fees Payments Balance Tax Charge 2022 $84,249.16 $0.00 $0.00 ($84,249.16)$0.00 Total Tax Charge $0.00 Grand Total Due as of 05/25/2023 $0.00 Tax Billed at 2022 Rates for Tax Area 001 - 1G-X - 001 Authority Mill Levy Amount GARFIELD COUNTY 11.7160000 $12,148.30 GARFIELD COUNTY - ROAD & B 0.0940000 $97.47 GARFIELD COUNTY - SOCIAL SE 0.4430000 $459.35 GARFIELD COUNTY - CAPITAL E 0.9350000 $969.50 GARFIELD COUNTY - RETIREMEN 0.4670000 $484.23 WEST GLENWOOD SAN 0.7620000 $790.12 GLENWOOD AND RURAL FIRE - G 12.3460000 $12,801.57 COLO RIVER WATER CONS 0.5010000 $519.49 SCHOOL DISTRICT RE-1 - GEN 23.7590000*$24,635.71 SCHOOL DISTRICT RE-1 - MIL 13.1720000 $13,658.05 SCHOOL DISTRICT RE-1 - BON 10.4690000 $10,855.31 COLORADO MTN COLLEGE 4.0850000 $4,235.74 GARFIELD COUNTY PUBLIC LIBR 2.5020000 $2,594.32 Taxes Billed 2022 81.2510000 $84,249.16 * Credit Levy Values Actual Assessed OFFICES-LAND $1,533,000 $444,570 OFFICES- IMPROVEMENTS $1,475,690 $427,950 WAREHOUSE/STORAGE- IMPS. $566,820 $164,380 EXEMPT-STATE-LAND- NONRES $51,970 $15,070 EXEMPT-STATE-IMPS- NONRES $355,750 $103,170 Total $3,983,230 $1,155,140 IMPORTANT INFORMATION ABOUT LIENS-PLEASE READ ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER SEPTEMBER 1ST. IN ORDER TO AVOID DELAYS IN PROCESSING/ISSUING CERTIFICATES OF REDEMPTION, IT IS RECOMMENDED THAT REDEMPTIONS BE REMITTED WITH CERTIFIED FUNDS, I.E., CASH, CASHIER'S CHECK, MONEY ORDER OR WIRE TRANSFER. Garfield County Treasurer P.O. Box 1069 Glenwood Springs, CO 81602-1069 (970) 945-6382 Garfield County Treasurer Statement Of Taxes Due A Mountain Law Firm Aspen Buena Vista Basalt Glenwood Springs PO Box 878, Glenwood Springs, CO 81602 P 970.922.2122 F 970.315.4107 Chad J. Lee, Esq. P.O. Box 878 Glenwood Springs, CO 81602 D: 970.893.8242 February 21, 2023 Garfield County Community Development c/o Glenn Hartmann 101 West 8th Street Glenwood Springs, CO 81601 Re: Application for Glenwood Partnership, LLLP – Mineral Owner Notification Section 4-101(E)(1)(b) of the Garfield County Land Use and Development Code requires applicants to provide notice to mineral owners in accordance with C.R.S. § 24-65.5-103. C.R.S. § 24- 65.5-103 requires that an applicant notify a mineral estate owner who either (1) is identified as such by the county tax assessor’s records; or (2) has filed in the Clerk and Recorder a request for notification. If such records do not identify any mineral estate owners, including their addresses of record, “the applicant shall be deemed to have acted in good faith and shall not be subject to further obligations….” On January 10, 2023 we conducted the following tasks for Parcel No. 218506100042 (214 Center Drive, Glenwood Springs): 1. We researched the Garfield County Clerk and Recorder’s index of mineral owner requests for notification per C.R.S. § 24-65.5-103(1)(a)(I)(B) and confirmed that no mineral owner for the subject property has filed a request for notification; and 2. We spoke with Casey at the Garfield County Assessor’s office and he said to the County’s knowledge there are no mineral tax accounts for the subject property. We also confirmed that the Assessor’s records for Section 6, Township 6 South, Range 89 West do not list any active or inactive mineral owners. Additionally, there are 2 references to mineral reservations in Schedule B-2 of the title commitment included in the application. Exception 11 is a reservation by Helen Gilstrap of ½ of the mineral rights in 1957. However, that interest was later consolidated back with the surface estate when it was conveyed back to Floyd Diemoz, as Managing Member of the Diemoz Family Partnership in that certain Deed recorded August 19, 1977 at Book 499, Page 968 (attached). Exception 15 also referenced a mineral reservation, but has been stricken by the title company. This reservation occurred in a deed to the County for an additional 15 foot right of way for Storm King Road. However, this additional 15 feet was later quitclaimed to the County in that certain Deed recorded December 28, 1981 as Reception No. 323034, and therefore, is no longer within the A Mountain Law Firm PO Box 878, Glenwood Springs, CO 81602 P. 970.922.2122 F. 970.315.4107 2 boundaries of the Property and was deleted from the exceptions. As a result, no mineral owners are required to be notified of this land use application. JOHNSTON | VAN ARSDALE | MARTIN, PLLC __________________________ Chad J. Lee, Esq. Parcel Id Owner Name Owner Address Owner City St Zip R020259 ALVAREZ, PEDRO MANUEL 461 COUNTY ROAD 130 GLENWOOD SPRINGS CO  81601 R020195 ARBANEY FAMILY TRUST DTD 4/23/2015 JOHN 201 MEL REY ROAD GLENWOOD SPRINGS CO  81601 R010186 ARMSTRONG, RACHEL MARYE 1433 W 1100 N PROVO UT  846046018 R020068 ARNESEN, NATALLIA & JOHN JORDAN 290 MEL RAY ROAD GLENWOOD SPRINGS CO  81601 R020386 BIMBO BAKERIES USA INC 13155 NOEL ROAD #100 LB73 DALLAS TX  75240 R020010 CHICOINE, DANIEL BERNARD & PENELOPE L 501 W CASTLE COURT GLENWOOD SPRINGS CO  81601‐2857 R020269 CORRAL LOYA, FRANCISCO J &  MIRIAM 571 DONEGAN ROAD GLENWOOD SPRINGS CO  81601 R020396 CROSBY, JOAN P 518 BENTON ROAD ALBION ME  04910 R020036 DARIEN, ROBERT S & JAMIE RAE 19 CHAPPARRAL CIRCLE GLENWOOD SPRINGS CO  81601‐2601 R020067 DELGADO LEAL, ESTEBAN 80 PONDEROSA CIRCLE GLENWOOD SPRINGS CO  81601 R020324 DERBY, SHANNON 57 PONDEROSA GLENWOOD SPRINGS CO  81601 R020156 DIAZ, NANCI & ONECIMO 529 DONEGAN ROAD GLENWOOD SPRINGS CO  81601 R020083 ELWELL, BERNITA C68 PONDEROSA DRIVE GLENWOOD SPRINGS CO  81601‐2633 R020070 ENRIQUEZ, HUGO R & YARELI 262 MEL RAY ROAD GLENWOOD SPRINGS CO  81601 R020106 ESCOBAR, ARTURO HERNANDEZ & NORA ALICIA 349 DONEGAN ROAD GLENWOOD SPRINGS CO  81601 R020199 GIBSON, MARK E 381 COUNTY ROAD 130 GLENWOOD SPRINGS CO  81601 R020404 GLENWOOD PARTNERSHIP LLLP 214 CENTER DRIVE GLENWOOD SPRINGS CO  81601‐2564 R020439 GLENWOOD SPRINGS MALL LLLP 51027 HIGHWAY 6 & 24, SUITE 100 GLENWOOD SPRINGS CO  816012576 R020485 GORE, CHRISTINA 1250 SAINT HELENA AVENUE SANTA ROSA CA  95404 R020260 GROSS, MICHAEL BURTON & KATHERINE KIM 479 DONEGAN ROAD GLENWOOD SPRINGS CO  81601 R020227 HAMBURG, KENNETH J & SCHMITZ, SUSAN M 194 MEL RAY ROAD GLENWOOD SPRINGS CO  81601 R020234 HEISEL TRUST 3201 COUNTY ROAD 117 GLENWOOD SPRINGS CO  81601 R020292 HURST, TODD 547 DONEGAN ROAD GLENWOOD SPRINGS CO  81601 R020251 KING, DAVID J & LACY M 206 MEL RAY ROAD GLENWOOD SPRINGS CO  81601 R530045 KIP HAMPDEN LLLP 1212 MOTOR CITY DRIVE COLORADO SPRINGS CO  80905 R020011 LAW, JEROME CHRISTY & LAURA KATHLEEN AS 335 DONEGAN ROAD GLENWOOD SPRINGS CO  81601 R010185 LEE, BRIAN JOSEPH & NICOLE 1471 WALZ AVENUE GLENWOOD SPRINGS CO  81601 R530046 LOT 2B LLC 55 STORM KING ROAD GLENWOOD SPRINGS CO  81601 R020296 MAGANA, JESUS GODINEZ & GODINEZ, ANGELIN 0100 CHAPPAREL GLENWOOD SPRINGS CO  81601 R020157 MELIA, SALLY JO 98 PONDEROSA CIRCLE GLENWOOD SPRINGS CO  81601 R084559 MELRAY OZF LLC 375 OAK RUN ROAD CARBONDALE CO  81623 R020368 MONDRAGON CARRILLO, ROBERTO 58 CHAPPARRAL CIRCLE GLENWOOD SPRINGS CO  81601 Names and Mailing Addresses of Property Owners Within 200 ft. of the Subject Property Parcel Id Owner Name Owner Address Owner City St Zip R020220 MONDRAGON, VICTOR ALEJANDRO & ANDRADE GU 559 DONEGAN ROAD GLENWOOD SPRINGS CO  81601 R020096 MONTANEZ, EDNA Z 170 MEL RAY ROAD GLENWOOD SPRINGS CO  81601 R020033 MORELLI, THOMAS & TERRI 367 DONEGAN ROAD GLENWOOD SPRINGS CO  81601‐2600 R020218 MOSER, MICHAEL J & JENNIFER C 319 COUNTY ROAD 130 GLENWOOD SPRINGS CO  81601 R020039 OLP, JERALD W SR 301 MEL REY ROAD GLENWOOD SPRINGS CO  816012643 R020362 PATRICK, JOHN MICHAEL & JILLENE MARIE 913 RED MOUNTAIN DRIVE GLENWOOD SPRINGS CO  81601 R020250 PORTER, GWENDOLYN M60 PONDEROSA CIRCLE GLENWOOD SPRINGS CO  816012629 R020276 RUIZ, LAMBERTO & CRUZ, IRMA 0227 MEL RAY ROAD GLENWOOD SPRINGS CO  81601 R020307 SALAM, H A72 CHAPPARRAL CIRCLE GLENWOOD SPRINGS CO  81601‐2602 R020285 SHUSTER, PATRICK LEE & TONI MARIE 301 COUNTY ROAD 130 GLENWOOD SPRINGS CO  816012768 R084560 SUNRAY OZF LLC 375 OAK RUN ROAD CARBONDALE CO  81623 R020321 TAYLOR, VICKI RAY & WAGNER, CONRAD LESTE 228 MEL RAY ROAD GLENWOOD SPRINGS CO  81601 R530083 TWO RIVERS BUILDING CORPORATION 195 CENTER DRIVE CARBONDALE CO  81623 R020074 VIGIL AYALA, JUAN & FABELA, CECILIA E 449 DONEGAN ROAD GLENWOOD SPRINGS CO  81601 R020054 WARD, KEVIN B & KELLY J 0191 MEL RAY ROAD GLENWOOD SPRINGS CO  81601 R020375 WARD, LEWIS B JR & CHARLSEY J 281 PONDEROSA DRIVE GLENWOOD SPRINGS CO  81601‐2634 R020302 WAREHAM, WALLY TRAVIS 435 JUIPER COURT GLENWOOD SPRINGS CO  81601 R020192 WILLIAMS, DENNIS ROBERT & ANNA MAE 447 COUNTY ROAD 130 GLENWOOD SPRINGS CO  81601‐2766 R020484 WJ ENTERPRISES LLC 151 PONDEROSA DRIVE GLENWOOD SPRINGS CO  81601 R020438 WOOD KING LLLP 51027 HIGHWAY 6 & 24, SUITE 100 GLENWOOD SPRINGS CO  81601 R020367 ZWICKL, DENNIS LEE & MICHELLE PO BOX 1209 GLENWOOD SPRINGS CO  816021209 Guffield Coulnty Community Development Department April3, 2023 Haley Carmer, Garfield & Hecht PC 910 GrandAve., Suite 201 Glenwood Springs, CO 81601 RE: Completeness Review Cooper Minor Subdivision (MISA-02-23-8948) Dear Haley Thank you for the detailed submittals that you have provided for the Cooper Minor Subdivision. Our completeness review includes input form the County Attorney's Office, review of our Pre- Application meeting, and pre-existing approvals on the property. Our review has determined the following items need to be addressed prior to a determination of technical completeness. Amended Special Use Permit An Application for an Amended Special Use Permit needs to be submitted to address changes in the area contained with the Commercial Park. The Application may request consideration as a Minor Modification. Staff can make the determination if can be reviewed as a Minor Modification or that determination can be referred to the BOCC. The Application package needs to include a narrative description of the proposed change to the area and how it affects existing structures. The narrative should be consistent with an updated narrative included in the Cooper Minor Subdivision submittal. The Application needs to include copies of past resolutions and permits, including the permitted uses language. The Application needs to clearly indicate what elements of the existing permit will remain unchanged and which will change or be revised. lnitial Staff review has identified access and access improvements that need to be addressed. The Application needs to address the phasing representations previously included in the original applications and how they relate to the current development proposals. A revised legal description, mapping showing the proposed new area, and an lmprovement Location Certificate showing the existing structures and improvements need to be provided. The Application needs to contain representations/documentation reflecting that the development is currently in compliance with all previous conditions of approval. Cooper Minor Subdivision 3 1 2 6 7 4 5 8. 1 An Application for an Amended Special Use Permit needs to be submitted as outlined above. 2. 3. 4. 5. Þ. 7. 8. 9. The narrative needs to include the history of the lot creation and that the Minor Subdivision will be an amendment to the original Subdivision Exemption and will correct any past boundary line adjustments or lot modifications. The Statement of Authority included in the submittals needs to be recorded. Copies of past approvals for Subdivision Exemption and Special Use Permits need to be included in the submittals. The site plan needs to include improvement location information for the existing structures on Lot 1. The Application needs to include a draft Subdivision lmprovements Agreement including details on timing for required improvements and proposed security for the submitted cost estimates. Access Permit information needs to be provided including the proposed access onto County Road 130, Donegan Rd. lnformation on access driveways is needed including documentation/demonstration of compliance with Table 7-107 as part of your Engineering Report. A draft of the reciprocal access easement agreement (for internal roadways) needs to be provided along with additional details on how the Minor Subdivision will manage and maintain other common improvements including drainage and stormwater improvements. Draft covenants need to be provided. A summary of any waiver requests is needed along with references to criteria contained in Section 4-118 for Waivers from Standards and 4-202 for submittalwaivers. 10 11 Some key issues that are not technically completeness items but that are anticipated to important parts of the review process are noted below: A. The Traffic Study and other off-site impacts including the Mel Rey Road Roundabout and a means for estimating traffic for "Flex Spaces" and future development including Lot 3. B. Details on Lighting Compliance and mitigation for off-site and glare impacts. C. Consistency of parking and circulation layout with code requirements D. Architectural illustrations are not a required submittal but will be part of the review process based their inclusion in the Application submittals. Dimensional standards including building heights will likely also be part of the review process. Once the above completeness topics (#1 - #8 and #1 - #11) are addressed, we can proceed with your review process. Please note that your Application may be referred up to the Board of County Commissioners for concurrent review of the Special Use Permit Amendment and Minor Subdivision. Please note that the Garfield County Land Use and Development Code requires that the technical completeness issues be resolved within 60-days of the date of this letter, otherwise the application will be deemed withdrawn unless a request for extension is submitted and approved. Please feel free to contact me with any questions on the completeness topics noted above or if you need clarification on any of the items. Sincerely, f?.u lL Glenn Hartmann Principal Planner 1620 Grand Avenue, Suite B Glenwood Springs, CO 81601 Phone: 970-945-1169 Fax: 844-269-2759 www.titlecorockies.com Commitment Ordered By: Bob Hinkey Bullock & Hinkey Real Estate 3110 A Blake Avenue Glenwood Springs, CO 81601 Phone: 970-384-2030 Fax: email: b.hinkey@comcast.net; krmckee@sopris.net Inquiries should be directed to: Becky Blanchard Title Company of the Rockies 1620 Grand Avenue, Suite B Glenwood Springs, CO 81601 Phone: 970-945-1169 Fax: 844-269-2759 email: BBlanchard@TitleCoRockies.com Commitment Number:0603918-C2 Buyer's Name(s):214 Center Drive, LLC, a Colorado limited liability company Seller's Name(s):Glenwood Partnership, LLLP, a Colorado limited liability limited partnership Property:214 Center Drive, Parcel A, Glenwood Springs, CO 81601 Section: 6 Township: 6 Range: 89, County of Garfield, State of Colorado. TITLE CHARGES These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges related thereto. If applicable, the designation of “Buyer” and “Seller” shown below may be based on traditional settlement practices in Garfield County, Colorado, and/or certain terms of any contract, or other information provided with the Application for Title Insurance. Owner’s Policy Premium: Loan Policy Premium: Additional Lender Charge(s): Additional Other Charge(s): Tax Certificate: Total Endorsement Charge(s): TBD Charge(s): TOTAL CHARGES: Service Beyond Expectation in Colorado for: Eagle, Garfield, Grand, Pitkin and Summit Counties. (Limited Coverage: Jackson, Lake, Park and Routt Counties) Locations In: Avon/Beaver Creek, Basalt, Breckenridge, Grand Lake and Winter Park. (Closing Services available in Aspen and Glenwood Springs). ALTA COMMITMENT FOR TITLE INSURANCE issued by WESTCOR LAND TITLE INSURANCE COMPANY (ALTA Adopted 07-01-2021) 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, Westcor Land Title Insurance Company, a South Carolina 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 Amount of Insurance 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. Issued By: Title Company of the Rockies, LLC 322 Harrison Avenue Leadville, CO 80461 Phone: (719) 486-2688 WESTCOR LAND TITLE INSURANCE COMPANY This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. COMMITMENT CONDITIONS DEFINITIONS1. a.“Discriminatory Covenant”: Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class. b.“Knowledge” or “Known”: Actual knowledge or actual notice, but not constructive notice imparted by the Public Records. c.“Land”: The land described in Item 5 of Schedule A and improvements located on that land that by State law constitute real property. The term “Land” does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. d.“Mortgage”: A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by electronic means authorized by law. e.“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. f.“Proposed Amount of Insurance ”: Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each Policy to be issued pursuant to this Commitment. g.“Proposed Insured ”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. h.“Public Records ”: The recording or filing system established under State statutes in effect at the Commitment Date under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term “Public Records ” does not include any other recording or filing system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or national security matters. i.“State”: The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term “State” also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam. j.“Title”: The estate or interest in the Land identified in Item 3 of Schedule A. 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, this 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: a. the Notice; b. the Commitment to Issue Policy; c. the Commitment Conditions; This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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 2021 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. d. Schedule A; e. Schedule B, Part I—Requirements; and f. Schedule B, Part II—Exceptions; and g. a signature by the Company or its issuing agent that may be in electronic form. 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 is not liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY a. 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: 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. b. The Company is not 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. c. The Company is only liable 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. d. The Company’s liability does not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Condition 5.a. or the Proposed Amount of Insurance. e. The Company is not liable for the content of the Transaction Identification Data, if any. f. The Company is not 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. g. The Company ’s liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. b. Any claim must be based in contract under the State law of the State where the Land is located and is restricted to the terms and provisions of this Commitment. Any litigation or This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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 2021 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. other proceeding brought by the Proposed Insured against the Company must be filed only in a State or federal court having jurisdiction. c. 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. d. 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. e. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. f. 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. 7. IF THIS COMMITMENT IS 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 closing, settlement, escrow, or any other purpose. 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. CLAIMS PROCEDURES This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6. 10. CLASS ACTION ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION. 11. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is $2,000,000 or less may be arbitrated at the election of either the Company or the This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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 2021 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. 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 . This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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 2021 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. This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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 2021 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. This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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 2021 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. ALTA Commitment For Title Insurance (Adopted 06-17-06) (Revised 08-01-2016) COMMITMENT FOR TITLE INSURANCE ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY 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, WESTCOR LAND TITLE INSURANCE COMPANY, a South Carolina 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 six (6) months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed and by these presents to be signed in facsimile under authority of its by-laws, effective as of the date of Commitment shown in Schedule A. Issued By: CM-2 (ALTA Commitment for Title Insurance (6-17-06)(WLTIC Edition (9/26/07) This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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 2021 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. Title Company of the Rockies, LLC 322 Harrison Avenue Leadville, CO 80461 Phone: (719) 486-2688 WESTCOR LAND TITLE INSURANCE COMPANY Westcor Land Title Insurance Company ALTA Commitment -2006 (6-17-06) (Reverse side of Cover) CONDITIONS The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.1. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim2. or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. Liability of the Company under this Commitment shall be only to the named proposed Insured and such3. parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title4. or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of5. Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< http://www.alta.org/>. (Reverse side of Cover) This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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 2021 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. Westcor Land Title Insurance Company Joint Notice of Privacy Policy of Westcor Land Title Insurance Company and Title Company of the Rockies, LLC Westcor Land Title Insurance Company (“WLTIC”) and Title Company of the Rockies, LLC value their customers and are committed to protecting the privacy of personal information. In keeping with that philosophy, we each have developed a Privacy Policy, set out below, that will endure the continued protection of your nonpublic personal information and inform you about the measures WLTIC and Title Company of the Rockies, LLC take to safeguard that information. This notice is issued jointly as a means of paperwork reduction and is not intended to create a joint privacy policy. Each company's privacy policy is separately instituted, executed, and maintained. Who is Covered We provide our Privacy Policy to each customer when they purchase a WLTIC title insurance policy. Generally, this means that the Privacy Policy is provided to the customer at the closing of the real estate transaction. Information Collected In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic personal information directly from the customer, from customer-related transactions, or from third parties such as our title insurance agent, lenders, appraisers, surveyors and other similar entities. Access to Information Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform their jobs. These employees include, but are not limited to, those in departments such as closing, legal, underwriting, claims and administration and accounting. Information Sharing Generally, neither WLTIC nor Title Company of the Rockies, LLC shares nonpublic personal information that it collects with anyone other than those individuals necessary needed to complete the real estate settlement services and issue its title insurance policy as requested by the consumer. WLTIC or Title Company of the Rockies, LLC may share nonpublic personal information as permitted by law with entities with whom WLTIC or Title Company of the Rockies, LLC has a joint marketing agreement. Entities with whom WLTIC or Title Company of the Rockies, LLC have a joint marketing agreement have agreed to protect the privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as WLTIC and Title Company of the Rockies, LLC use to protect this information and to use the information for lawful purposes. WLTIC or Title Company of the Rockies, LLC , however, may share information as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud. Information Security WLTIC and Title Company of the Rockies, LLC , at all times, strive to maintain the confidentiality and integrity of the personal information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural safeguards in compliance with federal standards to protect that information. The WLTIC Privacy Policy can be found on WLTIC's website at www.wltic.com American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) COMMITMENT FOR TITLE INSURANCE Issued by as agent for Westcor Land Title Insurance Company SCHEDULE A Reference:Commitment Number: 0603918-C2 1.Effective Date: January 17, 2023, 7:00 am Issue Date: January 25, 2023 2. Policy (or Policies) to be issued: ALTA® 2021 Owner's Policy Policy Amount: Premium: Proposed Insured:214 Center Drive, LLC, a Colorado limited liability company 3.The estate or interest in the Land at the Commitment Date is Fee Simple. 4. The Title is, at the Commitment Date, vested in: Glenwood Partnership, LLLP, a Colorado limited liability limited partnership 5. The Land is described as follows: FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE For Informational Purposes Only - APN: R020404 Countersigned Title Company of the Rockies, LLC By: Mike Mulligan American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 0603918-C2 SCHEDULE A (continued) LEGAL DESCRIPTION The Land referred to herein is located in the County of Garfield, State of Colorado, and described as follows: A PORTION OF THE FOLLOWING DESCRIBED PROPERTY: A TRACT OF LAND SITUATED IN SECTION 6, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE 6TH P.M. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE GLENWOOD SPRINGS MALL SUBDIVISION WHENCE THE WITNESS CORNER TO THE S1/4 CORNER OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 89 WEST OF THE 6TH P.M. BEARS N 89° 13' 08" E 866.63 FEET SAID POINT OF BEGINNING ALSO BEING THE SOUTHEAST CORNER OF THAT PARCEL DESCRIBED AS PARCEL C IN BOOK 1205 AT PAGE 589 IN THE OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER; THENCE ALONG THE EAST LINE OF SAID PARCEL C N 2° 44' 00" E 605.64 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 130; THENCE ALONG SAID RIGHT-OF-WAY N 89° 52' 00" E 312.68 FEET; THENCE N 89° 49' 18" E 860.83 FEET TO THE WEST LINE OF THE MEL-RAY SUBDIVISION; THENCE ALONG SAID WEST LINE S 1° 52' 00" W 575.96 FEET; THENCE DEPARTING SAID EAST LINE AND ALONG THE NORTH LINE OF SAID GLENWOOD SPRINGS MALL N 87° 18' 00" W 615.36 FEET; THENCE S 47° 42' 00" W 125.06 FEET; THENCE N 87° 18' 00" W 476.98 FEET TO THE POINT OF BEGINNING. This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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 2021 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. American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 0603918-C2 COMMITMENT FOR TITLE INSURANCE Issued by Westcor Land Title Insurance Company SCHEDULE B, PART I Requirements All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. Registration Statement from the Secretary of State for Glenwood Partnership, LLLP, and Articles5. of Association for Glenwood Partnership, LLLP, disclosing the names of all Managers of said limited liability limited partnership and otherwise complying with C.R.S. 7-60-144, et seq., and evidencing the existence of said limited liability limited partnership, must be filed in the office of the Secretary of State for the State of Colorado, but need not be recorded. Resolution or Statement of Authority by 214 Center Drive, LLC, a Colorado limited liability6. company, authorizing the transaction, executed by the managers or members set forth in the Operating Agreement. NOTE: Review Operating Agreement for authority of party(ies) to act on behalf of said limited liability company and complete the transaction contemplated herein. NOTE: Please be advised that our search did not disclose any open Deeds of Trust of This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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 2021 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. American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 0603918-C2 record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. Recordation of properly executed plat, prepared and certified by a Colorado Registered Land7. Surveyor, with approval by the proper governing authorities noted thereon. Schedule A, Item No. 5 will be amended upon receipt thereof. NOTE: The company reserves the right to make additional requirements and/or exceptions upon review of the same. Deed from Glenwood Partnership, LLLP, a Colorado limited liability limited partnership to 2148. Center Drive, LLC, a Colorado limited liability company. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288-CRA 39-14-102. The Owner's Policy, when issued, will not contain Exceptions No. 1, 2, 3 and 4, provided that: (A) The enclosed form of indemnity agreement or final affidavit and agreement is properly executed and acknowledged by the party(ies) indicated and returned to the Company or its duly authorized agent, (B) The Company or its duly authorized agent receives and approves a Land Survey Plat, Improvement Survey Plat or ALTA survey properly certified by a registered surveyor or engineer, and (C) Applicable scheduled charges in the amount of $90.00 are paid to the Company or its duly authorized agent. NOTE: EXCEPTION NO. 5 UNDER SCHEDULE B, SECTION 2 OF THIS COMMITMENT WILL NOT APPEAR IN THE POLICY OR POLICIES TO BE ISSUED PURSUANT HERETO, PROVIDED THAT (A) THE DOCUMENTS CONTEMPLATED BY THE REQUIREMENTS SET FORTH IN SCHEDULE B, SECTION 1 OF THIS COMMITMENT ARE SUBMITTED TO AND APPROVED AND RECORDED BY THE COMPANY OR ITS DULY AUTHORIZED AGENT, AND (B) AN EXAMINATION OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GARFIELD COUNTY, COLORADO BY THE COMPANY OR ITS DULY AUTHORIZED AGENT DISCLOSES THAT NO DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS HAVE BEEN RECORDED IN SUCH RECORDS SUBSEQUENT TO THE EFFECTIVE DATE HEREOF. This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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 2021 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. American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 0603918-C2 This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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 2021 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. American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 0603918-C2 SCHEDULE B, PART II Exceptions Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document will be excepted from coverage. The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: Any facts, right, interests, or claims which are not shown by the Public Records but which could1. be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. Easements or claims of easements, not shown by the Public Records.2. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the3. Title that would be disclosed by an accurate and complete land survey of the Land. 4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the Public Records or attaching subsequent to the effective date hereof, but prior to the date 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. Right of the Proprietor of a vein or lode to extract and remove his ore therefrom, should the same7. be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded February 26, 1894 in Book 12 at Page 298 and July 20, 1894 in Book 12 at Page 328. Right of way for ditches or canals constructed by the authority of the United States, as reserved in8. This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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 2021 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. American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 0603918-C2 United States Patent recorded February 26, 1894 in Book 12 at Page 298 and July 20, 1894 in Book 12 at Page 328. Any and all water and water rights, reservoir and reservoir rights, ditches and ditch rights, and the9. enlargements and extensions thereof, and all laterals, flumes and headgates used in connection therewith. Any rights, interests or easements in favor of the State of Colorado, the United States of America,10. or the general public, which exist or are claimed to exist in, over, under and/or across the waters and present and past bed and banks of the Reynolds-Cain, Gilmore, Oasis Creek and Mesa Irrigating Ditches River. An undivided one-half (1/2) interest in all oil, gas and other mineral rights, as conveyed to11. Charles W. Banta by Deed recorded December 20, 1957 in Book 306 at Page 138, and any and all assignments thereof or interests therein. Easement and right of way for Ditch purposes, as reserved by Helen G. Gilstrap to Charles W.12. Banta by Deed recorded December 20, 1957 in Book 306 at Page 138, said easement being more particularly described therein. Easement and right of way for pipeline, electric and telephone line purposes, as reserved by T.13. W. Wheeler and J. F. Gregory, Charles W. Banta, Willis E. Parkison and Charles F. Stewart to Adolph Diemoz, by instrument recorded April 20, 1960 in Book 325 at Page 337, said easement being more particularly described therein. Terms, agreements, provisions, conditions and obligations as contained in Resolution No. 80-25414. recorded October 28, 1980 in Book 558 at Page 737. Inhtentionally Deleted All oil, gas and other mineral rights, as reserved by Helen Gregory 15. Wheeler and Ann (Wheeler) Teague as Co-Trustees of Trust created by Article II of the last will and testament of T, W, Wheeler, Helen Gregory Wheeler and Ann W. Teague, Trustees U/T/A created January 16, 1980 By Helen Gregory Wheeler, Ralph Dodo, and Willis E. Parkison in the Deed to Glenwood Partnership, recorded February 17, 1982 in Book 592 at Page 923, and any and all assignments thereof or interests therein. Terms, agreements, provisions, conditions and obligations as contained in Easements Agreement16. recorded January 21, 1993 at Reception No. 443451. Terms, agreements, provisions, conditions and obligations as contained in Special Use Permit17. recorded October 9, 2014 at Reception No. 854599. This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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 2021 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. American Land Title Association Commitment for Title Insurance 2021 v.01.00 (07-01-2021) Commitment No: 0603918-C2 Right of way for County roads 181 and 130.18. Any and all leases and or tenancies and any and all parties claiming by, through, or under such19. leases and or tenancies. This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; 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 2021 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. Commitment No: 0603918-C2 DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, requires that "Every Title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the Title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed.” (Gap Protection) Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: The Land described in Schedule A of this commitment must be a single-family residence, which1. includes a condominium or townhouse unit. No labor or materials may have been furnished by mechanics or materialmen for purpose of2. construction on the Land described in Schedule A of this Commitment within the past 13 months. The Company must receive an appropriate affidavit indemnifying the Company against unfiled3. mechanic's and materialmen's liens. Any deviation from conditions A though C above is subject to such additional requirements or4. Information as the Company may deem necessary, or, at its option, the Company may refuse to delete the exception. Payment of the premium for said coverage.5. Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.: The subject real property may be located in a special taxing district;(i) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County(ii) Treasurer or the County Treasurer's authorized agent; and Information regarding special districts and the boundaries of such districts may be obtained from(iii) the County Commissioners, the County Clerk and Recorder, or the County Assessor. Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident withholding). Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given: (a) If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate then there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property, and (b) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note 6: Effective September 1, 1997, C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch the clerk and recorder may refuse to record or file any document that does not conform. Note 7: Our Privacy Policy: We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. Note 8: Records: Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and Page 9 Commitment No: 0603918-C2 records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not less than seven (7) years, except as otherwise permitted by law. Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that “A title entity shall not earn interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be made at any time up to and including closing.” Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such purpose(s). Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that “Until a title entity receives written instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with the following: The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them1. in a fiduciary capacity. The title entity shall use any funds designated as “earnest money ” for the consummation of the2. transaction as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise provided in this section. If the transaction does not close, the title entity shall: Release the earnest money funds as directed by written instructions signed by both the buyer(a) and seller; or If acceptable written instructions are not received, uncontested funds shall be held by the title(b) entity for 180 days from the scheduled date of closing, after which the title entity shall return said funds to the payor. In the event of any controversy regarding the funds held by the title entity (notwithstanding any3. termination of the contract), the title entity shall not be required to take any action unless and until such controversy is resolved. At its option and discretion, the title entity may: Await any proceeding; or(a) Interplead all parties and deposit such funds into a court of competent jurisdiction, and(b) recover court costs and reasonable attorney and legal fees; or Deliver written notice to the buyer and seller that unless the title entity receives a copy of a(c) summons and complaint or claim (between buyer and seller), containing the case number of the lawsuit or lawsuits, within 120 days of the title entity's written notice delivered to the parties, title entity shall return the funds to the depositing party.” Page 10 Commitment No: 0603918-C2 Title Company of the Rockies Disclosures All documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The Clerkand Recorder will refuse to record or file any document that does not conform to the requirements of this section. Pursuant to C.R.S. 30-10-406(3)(a). The company will not issue its policy or policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the CountyTreasurer or the County Treasurer's authorized agent: or until the Proposed Insured has notified or instructed the company in writing to the contrary. Pursuant to C.R.S. 10-11-122. No person or entity that provides closing and settlement services for a real estate transaction shalldisburse funds as a part of such services until those funds have been received and are available forimmediate withdrawals as a matter of right. Pursuant to C.R.S. 38-35-125(2). The Company hereby notifies the proposed buyer in the current transaction that there may be recorded evidence that the mineral estate, or portion thereof, has been severed, leased, or otherwise conveyed fromthe surface estate. If so, there is a substantial likelihood that a third party holds some or all interest in the oil, gas, other minerals, or geothermal energy in the subject property. Such mineral estate may include the right to enter and use the property without the surface owner's permission. Pursuant to C.R.S. 10-11-123. If this transaction includes a sale of property and the sales price exceeds $100,000.00, the seller mustcomply with the disclosure/withholding requirements of said section. (Nonresident withholding)Pursuant to C.R.S. 39-22-604.5. Notice is hereby given that: The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Pursuant to C.R.S. 10-11-122. Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulation 8-1-2; "Gap Protection" -When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction, the Company shall be responsible for all matters which appear on the record prior to such time or recording or filing; and "Mechanic's Lien Protection" - If you are the buyer of a single family residence, you may request mechanic's lien coverage to be issued on your policy of Insurance. If the property being purchased has not been the subject of construction, improvements or repairs in the last six months prior to the date of this commitment, the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the seller. If the property being purchased was constructed, improved or repaired within six months prior to the date of this commitment the requirements may involve disclosure of certain financial information, payment of premiums, and indemnity, among others. The general requirements stated above are subject to revision and approval by the Company. Pursuant to C.R.S. 10-11-122. Notice is hereby given that an ALTA Closing Protection Letter is available, upon request, to certain parties to the transaction as noted in the title commitment. Pursuant to Colorado Division of Insurance Regulation 8-1. Nothing herein contained will be deemed to obligate the Company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Page 11 TRACT "F" TRACT "E" FOUND PKIN CONC FLUSH FOUND #5 REBAR & 1.25"YELLOW PLASTIC CAP FLUSH L.S.13501 SOUTH QUARTER CORNER SEC 34FOUND #5 REBAR 3" UNDER ASPHALT FOUND #5 REBAR & 1.25" YELLOW PLASTIC CAPFLUSHL.S. 13501 PROJECT BENCHMARK FOUND #5 REBAR & 1.25" YELLOW PLASTIC CAP 4" ABOVE GROUNDL.S. 13501 GLENWOOD PARTNERSHIP LLLP REC No. 568864 PARCEL No. 218506100042 GLENWOOD SPRINGS MALL LLLP REC No. 336102 PARCEL No. 218506106009 WORKING KING LLLP REC No. ??? PARCEL No. 218506106008 M & N ASSOCIATES LTD REC No. PARCEL No. 218506209001 LOT 2B LLLP REC No. PARCEL No. 218506209012 LOT 2A LLLP REC No. PARCEL No. 218506209011 TWO RIVERS BUILDINGCORPORATION REC No. PARCEL No. 218506209009 FOUND #6 REBARWITNESS CORNER NO CAP FOUND #5 REBARNO CAPBENT FOUND #5 REBAR & 1.25" YELLOW PLASTIC CAPFLUSH L.S. 19598 FOUND #5 REBAR & 1.25" YELLOW PLASTIC CAPFLUSHILLEGIBLE FOUND #5 REBAR & 1.25" YELLOW PLASTIC CAP HCE L.S. ILLEGIBLE FOUND #5 REBARNO CAP FOUND #5 REBAR & ALUMINUM CAP1" UNDER GROUND SURVEY TECH L.S. 13174 FOUND #5 REBARNO CAP FOUND #5 REBAR & 1.25" YELLOW PLASTIC CAPFLUSHILLEGIBLE FOUND #5 REBAR & 1.25" RED PLASTIC CAPILLEGIBLE MEL RAY SUBDIVISION REC No. 170138 BOOK 245 PAGE 515 WESTERN HILLS SUBDIVISION REC No. 203826 LOT 14 BLOCK 2 LOT 13 BLOCK 2 LOT 12 BLOCK 2 LOT 11 BLOCK 2 LOT 10 BLOCK 2 LOT 9BLOCK 2 LOT 7 BLOCK 3 LOT 8 BLOCK 3 LOT 13 BLOCK 3 LOT 14 BLOCK 3 LOT 1BLOCK 5 LOT 12 BLOCK 5 LOT 11BLOCK 5 LOT 10BLOCK 5 LOT 9 BLOCK 5 LOT 8 BLOCK 5 P.O.B. TITLE DESCRIPTION NORTH LINE SEC. 6 SOUTH LINE SEC. 34 N89° 52' 00"E ͛312.68'N89° 49' 18"E ͛860.83' N2 ° 4 4 ' 0 0 " E ͛ 6 0 5 . 6 4 ' N87° 18' 00"W ͛476.98' S47° 4 2 ' 0 0 " W ͛ 1 2 5 . 0 6 ' N87° 18' 00"W ͛615.36' S1 ° 5 2 ' 0 0 " W ͛ 5 7 5 . 9 6 ' BASIS OF BEARING: N89° 49' 59"E ͛2623.99' 34 | 35 SECTION CORNER FOUND 3" USGLO BRASS CAP & 1.5" IRON PIPE4" BELOW SURFACE S0° 09' 59"E ͛25.35' SET #5 REBAR & 1.25"ORANGE PLASTIC CAP FLUSHL.S. 28643 SET #5 REBAR &1.25" ORANGE PLASTIC CAP FLUSH L.S. 28643 SET WITNESS CORNER #5 REBAR & 1.25" RED PLASTIC CAP FLUSH L.S. 28643 LOT 1 BLOCK 4 LOT 2BLOCK 4 LOT 3 LOT 1BLOCK 1 LOT 2BLOCK 1 LOT 3BLOCK 1 LOT 4BLOCK 1 LOT 5BLOCK 1 LOT 6BLOCK 1 LOT 7BLOCK 1 TIE: N 3 8 ° 4 0 ' 5 3 " E ͛ 8 5 3 . 4 5 ' NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTIONBASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TENYEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 SOPRISENG@SOPRISENG.COM 4/25/2023 - 30017- G:\2020\30017\SURVEY\Survey DWGs\PLAT 2020\30017 ISP 2023.dwg VICINITY MAP SCALE: 1" = 2000' IMPROVEMENT SURVEY PLAT OFGLENWOOD PARTNERSHIP LLLP BEING SITUATED IN SECTION 6, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE 6TH P.M. CITY OF GLENWOOD SPRINGS, COUNTY OF GARFIELD, STATE OF COLORADO. SHEET 1 OF 2 NOTES 1) Date of Survey: October 7-28, December 15-18, 2020 & January 5, 8, 14, 2021 Updated: April, 2023. 2) Date of Preparation: October - December 2020 & January 2021. Updated; April, 2023 3) Basis of Bearing: A bearing of N 89 49'59" E along the south east section line of Section 34,established by the found monuments. 4) This survey does not constitute a title search by Sopris Engineering, LLC (SE) to determineownership or easements of record. For all information regarding easements, rights of wayand/or title of record, SE relied upon the Title Report prepared by Title Company of theRockies, Commitment No. 0603918-C2, Effective Date, January 17, 2023 and documents andplats of record as shown in the Source Documents, hereon. 5) Basis of elevation: Project based on Global Position System (GPS) observations from theContinuous Operating Reference Station (CORS) GSC1 utilizing the Continental United States2012 geoid model (GEOID 12A) CONUS and based the 1988 North American Vertical Datum(NAVD88) and a vertical shift of -4.22 feet as calculated by the North American VerticalDatum Conversion (VERTCON) an online service provided by a subsidy of the NationalOceanic Atmospheric Administration (NOAA). Which established all elevations shown heron.Placement benchmarks to be set as requested. 6) The linear unit used in the preparation of this plat is the U.S. survey foot as defined by theUnited States Department of Commerce, National Institute of Standards and Technology. 1 inch = ft. ( IN U.S. SURVEY FEET ) GRAPHIC SCALE 060 60 120 60 24030 SITE TITLE DESCRIPTION (THIS SURVEY EDITS/ADDITIONS) A TRACT OF LAND SITUATED IN SECTION 6, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE 6TH P.M. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE GLENWOOD SPRINGS MALL SUBDIVISION WHENCE THE WITNESS CORNER TO THE S1/4 CORNER OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 89 WEST OF THE 6TH P.M. BEARS N 89° 13' 08" E 866.63 FEET (N 38°40'53" E 853.45 FEET FIELD) SAID POINT OF BEGINNING ALSO BEING THE SOUTHEAST CORNER OF THAT PARCEL DESCRIBED AS PARCEL C IN BOOK 1205 AT PAGE 589 IN THE OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER; THENCE ALONG THE EAST LINE OF SAID PARCEL C N 2° 44' 00" E 605.64 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 130; THENCE ALONG SAID RIGHT-OF-WAY N 89° 52' 00" E 312.68 FEET; THENCE (CONTINUING ALONG SAID RIGHT-OF-WAY) N 89° 49' 18" E 860.83 FEET TO THE WEST LINE OF THE MEL-RAY SUBDIVISION; THENCE ALONG SAID WEST LINE S 1° 52' 00" W 575.96 FEET; THENCE DEPARTING SAID EAST (WEST) LINE AND ALONG THE NORTH LINE OF SAID GLENWOOD SPRINGS MALL N 87° 18' 00" W 615.36 FEET; THENCE (CONTINUING ALONG SAID NORTH LINE) S 47° 42' 00" W 125.06 FEET; THENCE (CONTINUING ALONG SAID NORTH LINE) N 87° 18' 00" W 476.98 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO. IMPROVEMENT SURVEY PLAT I, MARK S. BECKLER, HEREBY STATE THAT THIS IMPROVEMENT SURVEY PLAT WAS PREPARED BY SOPRIS ENGINEERING, LLC (SE) FOR GLENWOOD PARTNERSHIP, LLLP. TITLE COMPANY OF THE ROCKIES. THAT THIS IS AN “IMPROVEMENT SURVEY PLAT” AS DEFINED BY C.R.S. § 38-51-102(9), AND THAT IT IS A MONUMENTED LAND SURVEY SHOWING THE CURRENT LOCATION OF ALL STRUCTURES, WATER COURSES, WATER FEATURES AND/OR BODIES OF WATER , VISIBLE ROADS, UTILITIES, FENCES, OR WALLS SITUATED ON THE DESCRIBED PARCEL AND WITHIN FIVE FEET OF ALL BOUNDARIES OF SUCH PARCEL, ANY CONFLICTING BOUNDARY EVIDENCE OR VISIBLE ENCROACHMENTS, AND ALL EASEMENTS AND RIGHTS OF WAY OF A PUBLIC OR PRIVATE NATURE THAT ARE VISIBLE, OR APPARENT, OR OF RECORD AND UNDERGROUND UTILITIES DESCRIBED IN TITLE COMPANY OF THE ROCKIES COMMITMENT NO. 0603918-C2, OR OTHER SOURCES AS SPECIFIED ON THE IMPROVEMENT SURVEY PLAT. ________________________________ MARK S. BECKLER L.S. #28643 xxxxxxxxxxxxx x x xx x x x x x xxx XU T XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XU T XUTXUT X U T XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XE L XE L XEL XEL XEL XEL XEL XEL XE L XEL XFOX F O XF O XFO XFO XFO XFO XFO X F O XFO XFO XFO XFO XFO XG A S XG A S XEL XEL XEL XEL XEL XEL XEL XEL X E L XE L XE L XE L XE L XEL XEL XEL XEL XEL XE L XE L XE L XEL XEL XEL XEL XEL XEL XEL XEL XEL XEL XEL XEL XEL XEL XEL XG A S XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGA S XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XG A S XG A S XG A S XG A S X G A S X G A S XG A S XG A S XEL XEL XE L XEL XEL XEL XEL XEL XE L XEL XEL XEL XEL XEL XEL XEL XEL XEL XEL XEL XF O XF O XF O XFO XFO XFO XFO XFO XFO XFO XF O XSD XSD XS D XSD XSD XSD XSD XSD XSD XSD XU T XF O XF O XF O XFO XFO XFO XFO XFO XFO XFO XFO XFO XFO XFO XFO XFO XFO XFO XFO XFO XF O XF O XF O XF O XF O XF O XF O XF O XF O XF O XF O XF O XF O XF O XF O X F O X F O XF O XSA XF O XF O XF O XF O XF O XF O XF O XF O XF O XF O XF O XF O XF O XF O X F O X F O XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XU T XU T XU T XU T XE L XE L XE L X E L XE L XE L XE L XE L XE L XE L XE L XE L XE L XE L XE L XE L XEL XU T XU T XU T XU T XU T XU T XU T XU T XU T XU T XU T XU T XU T > > > > > > XF O XF O XF O XF O XF O XF O XFO XFO XFO XFO XFO XFO XFO XFO XFO XFO XFO XFO XFO XFO XFO XFO XFO XFO XFO XFO XFO XSAXSAXSAXSAXSAXSAXSAXSAXSAXSAXSAXSAXSAXSAXSAXSAXSAXSAXSAXSAXSAXSAXSAXSAXSAXSAXSA XS A XS A XS A XS A XS A XS A XS A XS A XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS XGAS X U T XU T XU T XU T XU T XU T XU T XU T XU T XU T XU TXWL XWL XWL XWL XWL XWL XWL XWL XWL XWL XWL XWL XG A S XG A S XG A S XG A S XG A S XG A S XG A S XG A S XG A S XG A S XG A S XG A S XG A S XG A S XG A S XG A S XG A S XG A S XG A S XG A S XG A S XG A S XG A S XG A S XG A S XG A S XG A S XG A S XG A S XG A S XG A S XG A S XG A S XG A S XG A S XG A S XG A S XG A S XG A S XE L XE L XEL XE L XWL XWL XWL XWL XWL XW L XW L XW L XW L XW L XW L XW L XW L XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XUT XEL XEL XEL XEL XEL XEL XE L XEL XEL XEL XEL XEL XEL XEL XEL XG A S XEL XE L XE L XEL XEL XEL XEL XE L XE L XE L XE L XE L XE L XE L XEL XEL XW L XW L XEL XG A S XG A S XGAS XGAS XGAS XG A S XG A S XG A S XG A S X G A S XG A S XG A S XE L XEL XEL XEL XEL XE L XG A S XE L XE L XE L XE L XE L >>>>> >>>>>>>>>>>>> >>>>>>>>>>>>>>>>>>>>> > > > > OEL OEL OEL OEL OEL OEL OEL OEL OEL OEL OEL OEL OEL OEL OEL OEL OEL OEL OEL x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x OE L OE L OEL OEL OEL OEL OEL OEL OEL OEL OEL OEL OEL OEL OEL OEL OEL OEL OEL OEL OEL OEL OEL OEL OEL OEL OEL OE L XWL XWL XWL XWL XWL XWL XWL XWL XWL XWL XWL XWL XWL XWL XWL XWL XWL XWL XWL XWL XWL XWL > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > XWL XWL XWL XWL XWL XWL XWL XWL XWL XWL XWL XWL XWL XWL XWL XWL XWL XWL XWL XWL XWL XWL XWL XWL XWL XWL XWL XWL XWL XWL XS A XS A XS A XS A XS A XS A XS A XS A XS A XS A XS A XSA XSA XSA XSA XSA XSA XS D XS D XS D XSD XSD XSD XSD XSD XSD XSD XSD XSD XSD XSD XSD XSD XS D XS D XS D XS D XS D XS D XS D XS A XS A XS A XS A XS A XS A XS A XSAXSAXSAXSA XS A XSA XSA XSA XSA XSA XSA XSA XSA XSA XSA XSA XSA XSA XSA XSA XSDXSDXSD XS D XSD > XW L XW L X S D X S D X S D XS D XS D XW L XW L XW L XW L XW L XW L XW L XW L x ST O R M K I N G R D . ASPHALT SURFACE CONCRETE SURFACE DONEGAN RD. CENTER RD. SINGLE STORY BUILDING GLENWOOD SPRINGS MALL SINGLE STORY BUILDING SINGLE STORY BUILDING ME L R A Y R D . 15' UTILITY EASEMENT 20' UTILITY EASEMENT 60.0' RIGHT OF WAY 145.6 14 5 . 7 79.6 96 . 0 66.0 49 . 8 73.8 20 6 . 1 73.8 20 6 . 1 SEWER MANHOLE8IN CLAY PIPE INV IN ELEV (N)= 5740.43' INV IN ELEV (E)= 5739.64' INV OUT ELEV (W)= 5739.65' SEWER MANHOLE8IN CLAY PIPE INV IN ELEV (N)= 5738.57' INV IN ELEV (E)= 5738.53' INV OUT ELEV (W)= 5738.47' SEWER MANHOLE 8IN CLAY PIPE INV IN ELEV (E)= 5737.40' INV OUT ELEV (W)= 5737.36'SEWER MANHOLE 8IN CLAY PIPE INV IN ELEV (N)= 5739.61' INV IN ELEV (E)=5739.05' INV OUT ELEV (W)=5738.96' SEWER MANHOLE8IN CLAY PIPE INV IN ELEV (W)= 5737.84' INV IN ELEV (E)= 5738.0' INV OUT ELEV (S)= 5737.72' SEWER MANHOLE 8IN CLAY PIPE INV IN ELEV (N)= 5723.07' INV OUT ELEV (S)= 5723.01' SEWER MANHOLE 8IN CLAY PIPE INV IN ELEV (W)= 5721.69' INV IN ELEV (N)= 5721.68' INV OUT (S)= 5721.54' 15IN CMPINV OUT ELEV = 5745.47' 6IN PVC PIPEINV IN ELEV = 5745.66' 6IN PVC PIPEPOL ELEV = 5745.32' SEWER MANHOLE 8IN PVC PIPE INV IN ELEV (N)= 5717.31' INV IN ELEV (E)= 5717.26' INV OUT ELEV (W)= 5717.23' SEWER MANHOLE 8IN PVC PIPE INV IN ELEV (N)= 5715.79' INV IN ELEV (E)= 5715.89' INV OUT ELEV (W)= 5715.69' SEWER MANHOLE 8IN PVC PIPE INV IN ELEV (E)= 5710.1' INV IN ELEV (N)= 5714.43' INV OUT ELEV (W)= 5710.05' EXISTING STORM INLETRIM ELEV = 5724.38' SUMP ELEV = 5719.58' 6" PVC INV IN (N) = 5720.18' 18" CMP INV OUT (W) = 5719.73' 8" PVC PIPE SEWER CLEANOUT EXISTING STORM INLET RIM ELEV = 5727.70' 18" CMP INV OUT (S) = 5723.40' EXISTING STORM INLETRIM ELEV = 5726.41'SUMP ELEV = 5722.12' 6" PVC INV IN (E) = 5722.24' 6" PVC INV IN (W) = 5722.11' 18" CMP INV IN (N) = 5722.16' 18" CMP INV OUT (S) = 5722.10' EXISTING STORM INLET RIM ELEV = 5723.33' SUMP ELEV = 5716.53' 60.0' R.O.W. 6.0' SIDEWALKWIDTH 5.0'SIDEWALK WIDTH 5720 572 5 5730 5735 5740 5717 5718 5719 572 1 5722 5723 5724 5726 5727 5728 5729 5731 5732 5733 5734 5736 5737 5738 5739 5741 5720 57 2 5 573 0 5735 5740 57 4 5 5750 5718 5719 5721 5722 5723 5724 5726 5727 57 2 8 5729 5731 5732 573 3 573 4 5736 5737 573 8 573 9 5741 574 2 574 3 574 4 5746 5747 5748 574957495749 ASPHALT SURFACE EXISTING STORM INLET RIM ELEV = 5715.62'SUMP ELEV = 5709.42' 15IN CMPINV IN ELEV = 5746.18' 15IN CMPINV OUT ELEV = 5744.74' 30' UTILITY EASEMENT ACCESS EASEMENTRECORDED REC No. 443451 8" WATER LINE STUB 6" WATER LINE STUB 8" WATER LINE STUB NOTE: PER RECEPTION NO. 443451 THE SUBJECT PROPERTY HAS THE RIGHT TO TIE ONTO EXISTING UTILITY STUBS ALONG IT'S COMMON BOUNDARY WITH THEGLENWOOD SPRINGS MALL PROPERTY 22' DRIVEWAY EASMENT 30' DRIVEWAY EASMENT 5742 5743 5745 5747 57485748 57495750 5751 24.0 30.0 LOT 1 BLOCK 4 LOT 1BLOCK 1 LOT 2BLOCK 1 LOT 3 BLOCK 1 LOT 4BLOCK 1 LOT 5BLOCK 1 LOT 6 BLOCK 1 LOT 7BLOCK 1 FLAGSTONEAREA NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTIONBASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TENYEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 SOPRISENG@SOPRISENG.COM 4/25/2023 - 30017 - G:\2020\30017\SURVEY\Survey DWGs\PLAT 2020\30017 ISP 2023.dwg GENERAL UTILITY NOTES: The locations of underground utilities have been plotted based on utility maps, construction/design plans, other information provided by utility companies and actual field locations in some instances. These utilities, as shown, may not represent actual field conditions. It is the responsibility of the contractor to contact all utility companies for field location of utilities prior to construction. IMPROVEMENT SURVEY PLAT OFGLENWOOD PARTNERSHIP LLLP BEING SITUATED IN SECTION 6, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE 6TH P.M. CITY OF GLENWOOD SPRINGS, COUNTY OF GARFIELD, STATE OF COLORADO. SHEET 2 OF 2 1 inch = ft. ( IN U.S. SURVEY FEET ) GRAPHIC SCALE 050 50 100 50 20025 ELECTRIC TRANSFORMER ELECTRIC METER TELEPHONE PEDESTAL CATV PEDESTAL EXISTING CONDITIONS LEGEND GAS METER EXISTING WOODEN FENCESIGN PVC PIPE DECIDUOUS TREE CONIFEROUS TREE EXISTING CONTOUR EXISTING CONTOUR INTERVAL EXISTING STORM SEWERXSDXSDXSDXSD 7900 EXISTING GAS EXISTING TELEPHONE XGAS XGAS XGAS EXISTING UNDERGROUND ELECTRIC EXISTING CABLE XUT XUT XUT XEL XEL XEL XTV XTV XTV WATER SHUTOFF EXISTING WIRE FENCExx EXISTING 8" WATER MAINXWLXWL EXISTING 8" SANITARY SEWER MAIN EXISTING FIBER OPTICXFOXFOXFO EXISTING SWALE OR DITCH>>>>XSA XSA DRAINAGE DRY-WELL SEWER MANHOLE GUY WIRE POWER POLE FIRE HYDRANT WATER VALVE GAS METER SEWER CLEANOUT LIGHT POLE IRRIGATION VALVE 0 6 0O0U4.0O F ci CountyofGarfield UT 0 0 0 0ud G J C u tt CommissionerChairman N0) 0H r CO Not n u U)4> o NOQ c rn v Jcc s1 v 0 0 C U AS1 T 0 4 0CO 0 • 0 0 0 0 0 .0 fl . u 0 C CC a U U U HCa h 0 H24 vNN NvoNNN 0 v N C C H N N 1) P H •r4 H 'U N N N > •H •ri H A A U O G N C alro N A 'O I P ,C 0 E H HN: • ri ro MCGU) • NCrNi 3 N Ho ant; I,:• 1). 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Ca i G oW M' 41, rH1 rt. ro < , .5 c0 0.1 5 9 0' 44 v 44 N 0 C 8HEi ILA I/ rntCi. andaffixedthesealofsaidCounty, atGlenwoodSprings, STATEOFCOLORADO CountyofGarfield 5 0 6 J SPECIAL USE PERMIT ISSUED TO THE GLENWOOD PARTNERSHIP M In accordance with and pursuant to the provisions of the Garfield CountyZoningResolutionof1979, as amended, and Resolution No. 81 _121 of the Board " of County Commissioners of Garfield County, Colorado, State of Colorado, hereby _ authorizes, by Special Use Permit, the following activity: g' 0 a commercial park in which the uses shall be limited to those listed below . u under conditions. 8 nn the following described tract of land in Garield County, Colorado: yr a co A tract of land situate in Section 6, Township 6 South, Range 89 West of ` ^` the 6th Principal Meridian, County of Garfield, State of Colorado, more° particularly described as follows: jtv,gg j wa° Commencing at the South Quarter Corner of Section 34, Township 5 South, Range 89 West of the 6th Principal Meridian; thence S 87°11'46"E 670.12 'to - feet to the point of intersection of the west line of the Mel Ray Subdivisio ti«re and the south right-of-way line of County Road No. 130, the true point of MM.; beginning; thence S 01° 52'00"W 575.96 feet along said west line of the Mel Ray Subdivision; thence N 87°18'00"W 615.36 feet; thence 5 47°42'00"W 125.06 feet; thence N 87°18'00"W 521.98 feet; thence N 02° 44'00"E 603.39 feet to a point on said south right-of-way line of County Road No. 130; thence along said south right-of-way line of County Road No. 130 N 89°50'00"E 1218.57 feet to the true point of beginning, containing 16.446 acres more or less. The within Special Use Permit is issued subject to the conditions set forth in the above-mentioned resolution, and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Zoning Resolution, Subdivision Regulations, Building Code, and other regulations of the Board of County Commissioners of Garfield County. 1. That the use of the tract of land comply with all present and future regulations of Garfield relating to special use permits for commercial parks in the zone district in which the property is now or may later be located; 2. That, prior to the issuance of the authorized special use permit, the above described tract of land shall be severed from any other tract of land upon which there may exist a principal use, unless such other such principal use has bee terminated at the time of the issuance of the special use permit. 3. Maintenance rof the waterlines within the property boundaries will be the responsibility of the project owner. Control valves will be installed at the property boundaries where water lines inside the project connect to public water lines. All public water used on the project will be metered with secondary metering installed to meter water used for irrigation of landscaping, unless otherwise agreed to by theWestGlenWaterDistrict. 4. a) The location(s) of fire hydrant(s) necessary to service each phase of the project shall be subject to review by the Glenwood Springs Fire Department for compliance with codes, prior to the issuance of any building permits. Fire hydrants and necessary waterlines to serve the hydrants shall be in place and functioning for each phase at the time the foundation walls reach ground level and at the time of final foundation inspection by the County Building Department. 4. b) Fire protection, where required, within buildings, shall be subject to review and recommendation, as per code, by the Rural Fire District department, prior to the issuance of a building permit. 4. c) Turn radii necessary for access in critical areas, by firetrucks that will be serving the project will be provided. 4. d) Uses in buildings that require special fire protection consideration or special construction shall be designated prior to the issuance of a building permit and subject to review, as designated by code, by the Building Department, Planning Department and Fire Department. These uses shall be those designated in the U.S.C. as "hazard" or (H) uses. 4. e) Areas for snow storage shall be designated prior to the issuance of building permits and subject to review for compliance with code by the Building Department, Planning Department, and Fire Department. 5. The project owner shall confer with the County Sheriff's Department for advice on security matters prior to the installation of security lighting and landscaping. 6. No building permits shall be issued for any phase until: 1. there are sufficient water taps available to serve that phase for all of its water require- ments from a public system. 2. or proof that a private water system will adequately serve all of the water needs of the project. 7. a) A 5 foot sidewalk shall be installed along the Westerly end of the property in the New County Road ROW before a certificate of occupancy will be issued for the first phase. The construction of the sidewalk shall be at the expense of the developer. -_ 7. b) The owner of the property will be expected to contribute to the financing of a sidewalk along County Road 130, when it is deemed necessary by the County. 8. The project as proposed, is directly tied to the Ainbinder Shopping Center ie: a. On site drainage is to be handled through Ainbinders storm drains. b. The New County Road is necessary for the project and has to be constructed. c. Utility lines installed on Ainbinders project will serve the Glenwood Business Center. In the event the Ainbinder project is not constructed, the Glenwood Business Center must stand on its own. - 9. All on-site and off-site improvements required to service each phase of the project must be completed before a certificate of occupancy will be issued for that phase. The improvements will be subject to review by the Building Department, Planning Department, and the Fire Department for compliance with code and conditions of the special use permit. The improvements shall include: Necessary roads, water lines, sewer lines, fire hydrants, parking, landscaping, storm drainage, utilities, sidewalks, and any other improvements necessary for the function of any particular phase. 10. The New County Road proposed on the Westerly boundary of the site from Highway 6 and 24 to County Road #130, must be constructed to County specifications, before any certificate of occupancywill be issued for the project. 11. landscaping will be a minimum of 12% for the entire project. 12. The uses in the park will be limited to a maximum of 3 residential uses, for the purpose of management, security, and maintenance for Commercial establishments, wholesale and retail establishments, personal services establishments, general services establishments, offices, and community buildings. 13. The maximum number of buildings on the site will be 15. 14. Development under the within permit shall be in accordance with the repre- sentations contained in the amended application filed with Garfield County, unless otherwise specifically authorized or directed by this Board. 1111k:1M:11 f!MIFIIFIRIV11KA,ki 114.11III Reception8: 859599 10/09/2014 09:23:00 Pfl Jean Albarlco 2 of 2 Reo Fee:$0.00 Doo Fee:0.00 GRRFIELO COUNTY CO BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO iJ• 1 r BY; ° \CL,... _ N. Chairman \ tritle`