The URL can be used to link to this page

Home My WebLink About1.0 ApplicationRiverside FedEx Facility Garfield County Application for Amendment to an Approved Land Use Change Permit . KEYNOTES f rr.�r: ...w..,, ..TV! / f E a.;a c.v aa,014 paxsiw I nix. R. illPt strAur..091 911. 91.9111 .11•PPIP gi Tx(I 5.0.E ..�4 ;® ® ,m II 5,1E i1 / _9 9 CpSWt o �5 J.5.F.5 BK 398, PG ^ 9 PORTION OF 6K 275, PG 396 PARCEL A2185-271-0o-oo'i 1fL PARCEL 2185 -211 -CC -DSO wy 0 wy ..x 811 mour.beha 9191..19,9 „MING R1v1R Submitted by: Western Slope Consulting LLC 0165 Basalt Mountain Drive Carbondale, Colorado 81623 970-963-7172 wsconsulting@sopris.net Table of Contents Page Application Submittal Letter 3 Applicant & Consultant Information 4 Application Form 5 Agreement to Pay Form 7 Proof of Ownership - Deed 8 Property Legal Description 11 Statements of Authority 12 Letter of Authorization 14 List of Mineral Owners with Names and Mailing Addresses 15 Names and Addresses of All Property Owners within 200 Ft. 15 Map of Subject Parcel and Adjacent Property Owners 16 Application Request Description 22 Vicinity Map 25 Pre -Application Conference Report 26 Title Commitment 29 Approved Site Plan 44 Page - 2 Application Submittal Letter September 16, 2014 Mr. David Pesnichak Garfield County Community Development Department Senior Planner 108 8th St # 401 Glenwood Springs, CO 81601 Dear Mr. Pesnichak: I am pleased to submit herewith an application for Amendment to an Approved Land Use Change Permit Application. This application conforms to the requirements of the pertinent sections of the Garfield County Land Use and Development Code Section 4-201, Section 4-203(B) 1-7, Article 7, Sections 1-3, Article 7 Section 7-1102 and the submitted materials are consistent with Paragraph VI of the Pre -Application Conference Summary dated September 16, 2014. The applicant will be meeting with the City of Glenwood Springs staff on September 17, 2014 to discuss the recent approval granted by the Garfield County Commissioners and will focus on Conditions 20 and 21 relating to road improvement fees and South Bridge land dedication. We will be happy to report the results of this meeting to the County. As you know, the applicant is not able to make any improvements to Glenwood Springs' streets without their permission. The applicant will be happy to discuss other alternatives with the Garfield County Commissioners (and staff) if that becomes necessary pending discussions with Glenwood Springs. The applicant remains willing to provide road improvement fees and land dedication consistent with the approved conditions and the modifications requested in this application. Our team looks forward to reviewing this material with the County at the earliest convenience. After the submittal has been deemed complete, please schedule the application with the Board of County Commissioners. If you have any questions, please do not hesitate to contact me at (970-963-7172) wsconsulting@sopris.net Sincerely, Western Slope Consulting LLC Page - 3 Applicant & Consultant Information Property Owner CLH Properties, LLC C/o James W Light or James Horn PO Box 620 Basalt, CO 81621 970-379-6810 - telephone Applicant, Planner & Authorized Representative Davis Farrar - Western Slope Consulting LLC 0165 Basalt Mountain Drive Carbondale, Colorado 81623 970-963-7172 - telephone, 970-963-7172 facsimile E-mail: wsconsulting@sopris.net Project Liaison & Authorized Representative Kevin Kiernan - KW Glenwood Springs, LLC 941 Orange Avenue, #512 Coronado, California 92118 (619) 435-1614 - telephone E-mail: kevin@thekiernancompanies.com Project Attorney& Authorized Representative David McConaughy - Garfield & Hecht, P.0 420 Seventh Street, Suite 100 Glenwood Springs, Colorado 81601 970-947-1936 - telephone E-mail: dmcconaughy@garfieldhecht.com Project Engineer& Authorized Representative Robert Fitch - Rick Engineering Company 4 Inverness Court East #300 Englewood, CO 80112 (303) 225-9125 - telephone E-mail: rfitch@rickengineering.com Project Surveyor Archibeque Land Consulting, Ltd. Ted Archibeque 105 Capitol Street, Suite 5 PO Box 3893 Eagle, Colorado 81631 970-328-6020 telephone, 970-328-6021 - facsimile E-mail: Ted@ProLandSurvey.com Page - 4 Land Use Application Form Garfield County 1 Community Development Department 10S 8th street, Suite401 Glenwood Springs, CO 81601 (970)945-8212 wuvw. ga rfii el d• cou nty. com LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION ❑ Administrative Review _ ❑ Development in 100 -Year Floodplain ❑ Limited Impact Review ❑ Development in 1CO-Year Floodplain Variance D Major Impact Review D Code Text Amendment O Amendments to an Approved LUCP D Rezoning LIR !EMIR ■SUP • Zane District❑ PUD ■ PUD Amendment 0 Minor Temporary Housing Facility 0 Administrative Interpretation Q Vacation of a County Road/Public ROW 0 Appeal of Administrative Interpretation Q Location and Extent Review 0 Areas and Activities of State Interest ❑ Comprehensive Plan Amendment 0 Accommodation Pursuant to Fair Housing Act ■I Major • Minor Q Pipeline Development 0 Variance D Time Extension (also check type of original application) INVOLVED PAR11 ES Owner/Applicant Name: CLH Properties,LLC cio James Horn or Jim Light phone: i 97O j 379-6810 Mailing Address: PQ Box 620 City: Basalt state: CO zip Code: 81621 Email: lim_horn agcarncast.net Representative (Authorization Required} Name: Davis Farrar - Western Slope Consulting, LLC Phone: i 970 ) 963-7172 Mailing Address: 0165 Basalt Mt Dr city: Carbondale state: CO zip Code: 81623 E-mail: wsconsulting@sopris.net PROJECT NAME AND LOCATION Project Name: Riverside FedEx Facility Assessor's Parcel Number: 2185 . 271 . 00 . 00_8_ _ Physical/StreetAddress 1097 Co Rd 116, Glerlvvood Springs, CO Legal Description: SE Qtr of NE Qtr & in NE Qtr Sec 27, T6 S, R 89 Wof 6th PM Garfield County, CO Commercial GeneralCCG Zone District� ) Property Size (acres); 3.92 (8.07 in county) Page - 5 PROJECT DESCRIPTION Existing Use: Abandoned single family residence Proposed Use (From Use Table 3-403): warehouse and Distribution Center Description of Project: Applicant is requesting an Amendment to an Approved Land Use Change Permit. The Garfield County BOCC approved a Limited Impact Review application for CLH Properties, LLC on Monday September 8th 2014 with conditions. The applicant wants to discuss some of the conditions with the BOCC- The details of the requested amendment are contained in the submittal letter included with this application as Exhibit A. REQUEST FOR WAIVERS Submission Requirements CI The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards 0 The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. A. - pf d,#-/.i2°Al Sign .�jt of Property Owner Date OFFICIAL USE ONLY File Number: Page - 6 Fee Paid: $ Agreement to Pay Form e. Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") CLH Properties,LLC c/o James Horn or Jim Light agree as follows: 1. The Applicant has submitted to the County an application for the following Project: FedEx Facility - Amendment to an Approved Land Use Change Permit 2. The Applicant understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant, The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person: Jim Light or Jim Horn Billing Contact Address: PO Box 620 Page - 7 Phone: ( 970) 379-6810 city: Basalt State: CO Zip Code: 81621 Billing Contact Email: Printed Name of Person Authorized to Sign: Jticfle5 ki. 1-��{� r (Signat J11pdt tr. 7t'3/ L/ f (Date) Property Ownership - Deed 1 IIII1111111111111111111111111111 IIIiII IH 1111111111111 6]02.,!4 06124I2Ee e4.26P E14e4 P112 It fiLSDORF 1 of 3 R 16 OE b 110 DO GARFIELD COUNTY CO it Lep for rec(Ird tie .i.., -r A,>, RKRgtf on Ie. <Of leek N. WARRANTY DEED Flus DEED, N.e on this dsy of _ hht23, 2003 L.rv.." CULIirLAND E. PARFET- lit of tee county o+ snld %tote of Colored., CLbj 1RCNERTtI3.1./1: A!Z)l.[71ilADO1alf( ASU YCi1I PANY ,11']1;.: ;. , Of the Oraatoria), are ,,nose ,eat sateen fa : F Q BOX 62111 BASALT, CO ll IA: l of the 11.l0 -t1 or reed State of Cu.oatu e; the Arant.eislt FITNESS, That the Arent ar(s), for end In Cease Wrest! on of the sal of 5 11,ItO. .UO 3 .0 One Id dr., taw Nueded Thousand rod 00d10C •e. DOLLARS tM receipt and salt eloncy of ,[itch is herabr ackreadedaed, has granted, bargained, sold and convoyed, and by these preeamt. does Grant, lerosin, sell, convey ars[ confirm Atte the 4rantletsl, his Isere and a.sl ens fehever, mil the rat property. together .110 iesrermenta, if any, ciliate, lyfed and lesiva in the Canty of + {I-, • and Slits of tolerate, &scribal es fellers; A ATTACHED )1 PETO AND MADE. A PART HEREOF also krona as street number 10"7 C0W(IY RD l Ii, GLENWOOD SPRIMIS. CO IIA01 TOGCTM st wl t! .11 and simples, and hereditament, end epp.wtelsnns chute letertgiry, or In eryyise eppertsinir5 rd the rerereton rod rererslaM, remainder and ronsIrders, rants, lessee .4 profits thereof; and ail the estate, rim i title interest, claim and defend detmerwer of tM Grontorial, either in ler or "wits.. of. in and to !dna .oya t.. '-•._ cruris%%, with the hereditarents rd . rtaar.ee; TO HAVE AJQTOiIOLD the said preNlsas Mere bergeite t an! described inlets apnrtmsncas, unto the 0rentee0s5, Alf hales and MOWS rarer,,. In. 0referfa), iso himself, his Mere and preenl repreeeatall.es, don Covenant, grant, aeryaln, oro mitres to and with the G'.nt.elel, t i, orbs rd asa1V11, that et the tine of else 'meeting and dither, these presents, he is rail wiled of the prenl.es above coereyed, has good. 0.w11, perfect. easetute old llldefsMlblo estate of inner! tensa, In taw, in fes simple, and has Geed runt, full pow and lawful authority 10 "rent, hMeeln, till and [enemy the erne In Goya, and fore as aforefald, arld tam the Ufa are free and clear fries all forger end otos- vents, terpin sates. flea, tames, eeseeseents erameb ancee d restrictions d & ns +.ower klnd or nature soarer, EXCEPT GENERAL TAXES AND ASSOSMEhTT9 m THE rid YEAR 2003 AND 3L'6SFX UM' YEA PRS. AND SUEll3CT TO EXCEPTIO ATTACHED HERETO AND iNCORPORATEO HEREIN. 're Grarteritl 10411 e,rf 4111 yRaaANT 1111 %g1EVEa OEMENC rhe Mae barmein d pralesa In the qui.[ .4 osecesbte 30 Ian of the Granttwisl, hsa heirs oral (1110,1, olelne1 ell end every lesson or person inutility cialeinq the milcle sr shy cart merest. 'tie sihemLer mete^ 0011 include the pllrel, and the plural the 'Uvular, and the use of ern genie- :ret- te anlIcable t3 alt peers. n IN IITTNEO:3 W'ItEREOP the trammel%) has swirled this/Qat on [Ise dela ail teeth .,bars. to e C'AI: RT7dlNDE STATE OF Cobral. lee. County of C1ARFIELD TM %MIM 1remnant res .eknowledled before ee an tole do, of Juno 23. 20x3 COMMAND le PARFET. lll. My canistiot tapir 0111!1[ rev nerd TlGgkc cs. Jor (pE oF COL . .rw 23 ..7 aea and Address of name -3 ate- iC te4G 6 eated Legal ❑e.eriptiar ; 36 35 106.5, C.1 ,j„ - Escrows GABS 6l WAR (.cerdd 4.t..rn to; CLX 110110111. jasijuikrlWn LlN1TE: r Lee 0.I236461 limf;j 11T IST 1ca. e ::7 ley : 7e WiYAM', alta 4''rne1,1;n r, ,.cord ie).tin0el 11A5ALT CG !'6i' Page - 8 111111111111111111 IIII 631234 06(24!20473 61126P 1181118411 119 Ili3 1M 1111S1O1O111 2 o7 3 R 16.00 D 110.00 GARFIELD COUNTY CO EXHIBIT 71 A PARCEL OF LAND SITUATED IN THE SLI/41611/4 AND IN TUE 1113/4911/4 OF SECTION 27. TOWNSHIP 6 SOUTH. RANGE 69 WEST OF THE SIXTH FRINCIFAL 1LERIDZAIT. COUNTY OF GARFIELD. STATE OF COLORADO, SAID PARCEL LYTNG WESTERLY OF TRU CRATER 01' TNR ROARING FORK RIVER AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE CENTERLINE OF THE ROARING PORK RIVER., FROM WHICH THE EAST QUARTER CORNER CP SAID SECTION 27, A G.L.O. BRASS CAP STANDARD NONVMENT BEARS S. 86 DEGREES 20'00' E. A DISTANCE OF 796.50 FEETe THENCE S. 07 DEGREES 00'00' E. AL0NC SAID CENTER=N1 A DISTANCE OF 5.11 FEET; THENCE S. 11 DEGREES 55'12' E. ALONG SAID CENTERLINE A DISTANCE 07 167.56 FEET TO THE SOUTHEAST CORNER OF THAT PARCEL 0E5C.:590 :N BOCK 346 AT PAGE 67 OF THE GARFIELD COUNTY RECORDS; THENCE S. 63 DEGREES 40'00' W. ALONG THE SOUTHERLY :,INE OP SAID PARCEL. A DISTANCE OF 310.00 FEET; THENCE N. 26 DEGREES 12'00• E. ALONG THE WESTERLY LIVE or SAID PARCEL, A. DISTANCE OF 176,64 FEET1 THENCE N. 01 DEGREE 40'00" Z. ALONG DISTANCE OF 204.14 FEET TO THE WESTERLY IN BOCK 275 AT PAGE 346 OF THE GARFIELD THE WESTERLY LINZ OP SAID PARCEL, A LINZ OF THAT PARCEL OF LAND DESCRIBED COUNTY R1CORDS1 THENCE N. 30 DEGREES 19'00• W. DISTANCE OF 439.01 FEEL TO THE IN BOOK 343 AT PAGE 365 OF THE THENCE N. 15 DEGREES 57'00• W. THENCE N. 13 DEGREES 19'17' W. FEET; THENCE N. 18 DEGREES 51.56" FEET, THRACE N. 21 DEGREES 05'54• W. THENCE N. 69 DEGREES 11'40" E. DISTANCE OP 470.20 F'EE'T TO THE THE ROARING PORK RIVER, THENCE S. 09 DEGREES 59'49' E. ALONG THY EASTERLY LINE OP SAID PARCEL, AND ALONG THE CENTER OF SAID RIVER, A DISTANCE OF 346.19 FEET; THENCE S 07 DEGREES 00'00" E. ALONG THY EASTERLY 'LIKE OF SAID PARCEL AND ALONG THE CENTER OF SAID R11ER, A DISTANCE CF 655.29 FEET TO THE POINT OF BEGINNING, ALONG THE WESTERLY LINE OF SAID PARCEL, A SOUTHERLY LINE OF THAT PARCEL OF LAND DESCRIBED GAR711U3 COUNTY RECORDS; A DISTAINCE OF 9.71 FEET, ALONG SAID WESTERLY LIKE, A DISTANCE OF 52.35 M. ALONG SAID WESTERLY LIME. A DISTANCE OF 239.57 A DISTANCE OF 119.29 FEET, ALONG THE NORTHERLY LINE OF SAID PARCEL, A NORTHEAST CORNER OF SA1D PARCEL AT THE CENTER 07 EXCEPTING THEREFROM THE RIGHT OF MAY FOR COUNTY ROAD. COUNTY OF CIARFIELD STATE OF COLORADO L7.6;16461 16 461 Page - 9 1110112EIL1)1,igil,01131111111 26P11114 18111k 11411111A!11/1011RIFIr 3 a 3 R 15 .00 0 110.00 GARFIELD COUNTY CO EXHIIHT Our Order No. 6'0;236461 -2 TIIE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WAT1R CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT AREA, RIGHT OF PROPRIETOR OF A VEIN OR L.ODE TO EX -TRACT AND REMOVE 1115 ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 29, 1894. IN BOOK 12 AT PAGE 318 RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY TIM AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 29, 194. IN BOON 12 AT PAGE 318 ANY QUESTION. DISPLTE OR ADVERSE CLAIMS AS TO ANY LOSS OR GAIN OF LAND AS A RESULT OF ANY CHANGE N THF RIVER I3ED LOCATION BY NATURAL OR OTHER THAN NATURAL CAUSES, OR ALTERATION THROUGH ANY CAUSE. NATURAL OR UNNATURAL OF THE CT.NTER THREAD, BANK. CHANNEL OR FLOW OF WATERS IN THE ROARING FORK RIVER LYING WITHIN SUBJECT 1 AND; AND ANY QUESTION AS TO THE LOCATION OF SUCH CENTER THREAD, BED, BANK OR CHANNEL AS A LEGAL DESCRIPTION MONUMENT OR MARKER FOR PURPOSES OF DESCRIBING OR LOCATING SUBJECT LANDS. EASEMENTS AND RIGHTS OF WAY FOR ROADS, STREETS. HIGHWAYS, DITCHES. CANALS. PIPELINES AND UTILITY UNES AS CONSTRUCTED AND IN PLACE. Page - 10 Property Legal Description LEGAL DESCRIPTION A Parcel of land situate in the Southeast Quarter of the Northeast Quarter and in the Northeast Quarter of the Southeast Quarter of Section 27, Township 6 South, Range 89 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, said parcel lying westerly of the centerline of the Roaring Fork River and being more particularly described as follows: Beginning at a point in said Centerline of the Roaring Pork River from which the East Quarter Corner of said Section 27 bears approximately 588°20'0(?'E, 786.50 feet,; thence upon said centerline 511°55'1.2"W, 248.88 feet to the Southeast Comer of a Parcel of land described in Book 348 at Page 87 of the Garfield County Public Records; thence departing said centerline and upon the boundary line of said Parcel recorded in Book 348 at Page 87 the following three (3) courses` 1) 563°48'00 'W, 121.62 feet to the easterly right of way line of a 300 foot airport Runway Strip; 2) N26°12'OO'1W,167.49 feet upon said easterly right of way; 3) NO1p4O'OfrE, 208.83 feet to the westerly line of a Parcel of land deceit ed in Book 275 at Page 346 of said Public Records; thence departing said lands described in Book 348 at Page 87 and upon said westerly line N30191O0"W, 428.49 feet to the eastern right of way line described in Book 343 at Page 365 of said Public Records; thence upon said eastern right of way the following four (4) courses; 1)115°57'00 W, 921 feet,; 2) N13"19'17" W, 5Z35 feet; 3) with all bearings contained herein based upon,, N18°51'56N W, 239.57 feet; 4) N21°05154#W,11929 feet; thence departing said easterly right of way line N69°11'481%, 47020 feet more or less to said centerline of the Roaring Fork River; thence upon said centerline of the Roaring Fork River the following two (2) courses: I) SO9°55'31E, 34620 feet; 2) 807 - 0010("E, 660.40 feet to the Point of Beginning. Containing 8.92 Acres more or less Property Ownership The subject property is 8.92 acres and is owned by the CLH Properties, LLC, PO Box 620 Basalt, CO 81621. KiernanWest, LLC c/o Kevin Kiernan is under contract to purchase the property. A portion of the property (8.7 acres) is located in unincorporated Garfield County and 0.22 acres is inside the municipal limits of Glenwood Springs. The development proposed in this application will be located on the 8.7 acres under County jurisdiction. Page - 11 Statements of Authority Garfield County STATEMENT OF AUTHORITY Pursuant to C.R.S. §38.30-172, the undersigned executes this Statement of Authority on behalf of GLH Properties LLC , a -,^tip Ccrpoviori (corporation, tlimited liability company, general partnership, registered limited liability partnership, registered Limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is eui ProPertKER,1-LC and is formed under the laws of slaw coldrado The mailing address for the Entity is PC/ awl 620E 94sair Caoradoais.2i The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is James Light The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations. insert "None"): Na4t Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED thisay of [� Signature: Name (prin$ed Title (if any): .20 14 STATE OF Colorado j )55, COUNTY OF CO is P The foregoing instrument was acknowledged before me this day of � 9,,Jty' , 20 by �TTr {yy o S L t` '1vt , on behalf of t a,tict 'S , a Witness my hand and official seal. My commission expires: I f a41.2-0.15— ([late) [SEAL) Page - 12 Ali filet ANGE1IQUE PETTERSON Notary Pudic State of Colorado CGarfield County STATEMENT OF AUTHORITY Pursuant W C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of Xiamen Went, LLC _ a Arizona Limo Llshltry Cwnpeny (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, 14rnited partnership association, government agency, trustor other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is Kfemen West LLC and is formed under the laws of Men% The mailing address for the Entity is 941 Orange Ave MS12 Conrado CA 9211 a The name and/or position of the person authorized to execute instruments conveying, nncunihering, or otherwise affecting title to real property on behalf of the Entity is tcmrin M, Kiernan The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert 'None'"}: None Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): wr" EXECUTED this Signature: Name (printed): Title (if any), l ay of Juno Kiernan 2014 STATE OF C:alfaeala } }Ss. COUNTY OF Sen 01e90 The foregoing instrument was aclrowledged before me this 2 day of Vc- by -0 &Wei A4-047-41, , on behalf 0,r Page - 13 20 i. ,L Witness my hand and official seal. My commission expires: f a � IP (Date) (Notary Fu (SCAT] r• HU4 t[' HUU MG4(YEN ComeNselorr Na. 2055335 NOTAHYRUNIC CALIFORNIA SAN DIEGO COUNTY C(mmiiSol IF i2 raa Feb+ualy t3, 2QIB Letter of Authorization CLH PROPERTIES, LLC September 15, 2014 Mr. David Pesnichak Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Dear Mr. Pesnichak: As the managing member of CLH Properties, LLC, owner of the property located at 1097 CR 116 Glenwood Springs, CO, Parcel No. 2185-271-00-008, I hereby consent to and authorize the processing of an Amendment to an Approved Land Use Change Permit before the Garfield County Colorado Board of Commissioners: Further, I authorize Davis Farrar of Western Slope Consulting, Carbondale, Colorado, Kevin Kiernan of KW Glenwood Springs, LLC, David McConaughy of Garfield and Hecht PC, Glenwood Springs, Colorado and Robert Fitch, Rick Engineering Company, Englewood, Colorado to serve as my representatives for purposes of processing the application before Garfield County, CO. Yours truly, (t r1 G jt btc19 Wit~ PO BOX 620 -BASALT, COLORADO •8162I Page - 14 Mineral Owners - Names & Mailing Addresses The records of the Garfield County Assessor and County Clerk and Recorder were searched on September 16, 2014 for mineral owners of record for the subject property. The only mineral interest owner information found was The Colorado Fuel and Iron Corporation (later reorganized as Reorganized CF&I Steel Corporation). This corporation was dissolved in 2007. Their last known address was 740 Thatcher Building, P.O. Box 918, Pueblo, CO 81002-0918. The applicant will send notice of the application to this last known mailing address of the company. Names and Addresses of All Property Owners within 200 Ft. Adjoining Property Owners 200 Feet from Property Boundaries Information Obtained from Garfield County Assessor's Records 9/16/14 Name Address City State Zip Parcel # UNITED STATES OF AMERICA WASHINGTON, DC 218527100007 DUPLICE-MCGOWAN FAMILY TRUST DATED 12/02/98 1217 COUNTY ROAD 116 GLENWOOD SPRINGS CO 81601 218527100006 MOUNTAIN VIEW CHURCH OF GLENWOOD PO BOX 222 GLENWOOD SPGS CO 81602-0222 218527100026 EL-ROCKO MOBILE HOME PARK LLC 2307 COUNTY ROAD 154 GLENWOOD SPRINGS CO 81601 218527100030 PARTNERS III LLC i5A3NGOOSE E CARBONDALE CO 81623 218527100029 HOLY CROSS ENERGY PO BOX 2150 GLENWOOD SPGS CO 81602-2150 218527100060 LAZY H SLASH ELEVEN LLC PO BOX 27 GLENWOOD SPGS CO 81602-0027 218527400059 CITY OF GLENWOOD SPRINGS 101 W 8TH STREET GLENWOOD SPRINGS CO 81601 218527100050 RUDD AVIATION, INC. 132 PARK AVE BASALT CO 81621-9338 218527400046 REEVES, JOHN A. PO BOX 2001 GLENWOOD SPGS CO 81602-2001 218527100009 RUDD, WAYNE G. & SUSAN J. 132 PARK AVE BASALT CO 81621-9338 218527100010 Page - 15 Map of Subject Parcel and Adjacent Property Owners Page - 16 On Thursday June 5, 2014, the Glenwood Springs City Council in Resolution 2014-16 approved an exchange of properties by quit claim deeds to correct a property boundary error identified by city staff. Due to an error in the legal descriptions, the chain of title appears to show that the Seller owns the "triangle" and that the City owns the "trapezoid." The City executed a deed quitclaiming the trapezoid to the Seller, and the Seller executed a deed quitclaiming the triangle to the City. The property subject to this Limited Impact Review application is owned 100% by CLH Properties, LLC. The following property exchange documentation is included for information purposes. RESOLUTION 2014-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENWOOD SPRINGS, COLORADO, APPROVING AN EXCHANGE OF QUIT CLAIMDEEDS FOR PROPERTY IN SOUTH GLENWOOD SPRINGS. WHEREAS, the City of Glenwood Springs is the owner of certain real property in south Glenwood Springs adjacent to the Glenwood Springs Municipal Airport; and WHEREAS, CLH Properties, LLC is the owner of certain real property in south Glenwood Springs adjacent to the City's property by the Glenwood Springs Municipal Airport; and WHEREAS, a surveying error in a prior conveyance to a predecessor -in -interest of CLH Properties, LLC resulted in the boundaries between the two properties to be incorrect, resulting in a portion of the City's property being conveyed to CLH Properties, LLC and a portion of CLH Properties, LLC's property to be retained by the City; and WHEREAS, in order to correct the surveying error the parties wish to exchange quit claim deeds; and WHEREAS, the City does not use and has never used the subject property for park or governmental purposes, and WHEREAS, pursuant to the City of Glenwood Springs Charter, the Mayor or Mayor Pro -Tem has the authority to execute documents for the disposal of property on behalf of the City. NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF GLENWOOD SPRINGS, COLORADO, THAT: The Mayor or Mayor Pro -Tem is hereby authorized to execute the aforesaid Quit Claim Deed on behalf of the City. INTRODUCED, READ AND PASSED TBIS DAY OF . 2014. ATTEST: Ann Green, Deputy City Clerk Page - 17 CTTY OF GLENWOOD SPRINGS, COLORADO Leo R. McKinney, Mayor ANNEXATION MAP METES A,Vo BOUNDS PARCEL LOCATED IH SECTION 2T. T6S, PERON OF THE 6TH PM CIIY OF GLENWOaDD SPRENGS, GARFIELD COUNTY, COLORADO N!! ..AIL111a,EDH66Ia P„ra -na, nam. va r+. ILLELLar_so TOCI-1 9:01,15.swon IM ItlL NPa°y�,i I ii RM�IY 1.41.1L4:iritM hEualLIE NUM r.raaw.Clam, a.a._.._ ,u�w.vi]`�`�"me.ar.aan...a..,.f,.'....r.r..s4,..94 a.n m:+mor. ,r:...:..`.rt.. ,..�. .,,tO& • E_:ry tuW. ,alwaviepo� w •-e.,,a.r,x. rEELL1 11.111 r, . hY Merry a's V.�n.�ia,l.:..a . AxwEEE. @w:raa, LIEL...N.....•L.a.1X 111.a.•.INJr. ▪ •+, 4.r�+!. ,•Kt'a rr o.1C5N,rq.:..rr�r..r�an,+y.w•4,4TNgIN i▪ *N.7rour nun. imrm.rmilmblabmarimmimmiiisIBMAIMIAMiimlimMaMa .n •1`5 N4ae`a ti,.,l Erm •va, iM.. map W Yw 't i.r.:rmHv a4LILM rEM.' NEEma-aw b Ml:Nnp ar 14 iYti-R al.awMsdrtfLY�fY ........�..9.�w,..yNnM•A e.-y.wr ....-s..�w.R. 4�l1RlYl Rl3 eau La nkla Hon M*ALM}a a MoaL ,.o var Iwoorte. urti, .111 *M bariAAMk/21.0 ,na.,.ra.a, .,�.amLW+„rillrWorL �+..,rarr a*IMLNi..r,.,.....,:.r axa.rs.s.1a.a.a.raa ,. a..,$ 4 ryw, wv.]Ftrne:. wP111E,M1EMEI Ei,1a .,YY.n NLri,9vMr.a.a EME..,ra1,'w..c[wrr ryJYaan N.Laavn.M LEE ,:.rllxY,a,llaf�! E MMECI,TP.rt Lr -- 4 W a. x...LLN...WL,raa.,v e. Jemmy gm. aiOd Yw r+-RnxF`Nlwv'r.aYbLG.r rr.�Ir.,r1.l2 alr. N nNx,�.�a�v rwy.,Wn.prf+. r{!f.l MEMEELa.Yra Alma wxrcxew-xn frNYnane.n MNxrw VP�7�Mr,Rn�-_KYww,r'T.1. -a- MAY�wrir-.a.�i. _ail u.ma. _�! aJ¢,�H.• EgacEacrnaLEEENLEa Ardhibeque Land Cmnulfng. Ltd -PrdearL]mslLod SmseTimg& Map}.lgg.• ]Laialml wtn, Y*.1.., - r.a as xrtr& Com.. Col:ialo 6Ln]] 476121,160l Orin. 1.762.1 NIRr p di a] Ptl kr LL[]I • p r¢] I ktal SnaepYr On athn 1 -23 -NN �Vk ANNEXATION MAP METES AND ROUNDS PARCEL e]Sm_rrarb, TES, REM]rhl L.0 CSNR[.]®S Ld POArrCV COU+1T.r LO -Cf 1 00 — MS5 IMO 4iA5c2',:I Page - 18 GARFIELD COUNTY LAND SURVEY PLAT RECEPTION NO. 549 / ``0 f 0 DESCRIPTION EXHIBIT iao1N r 01F BEGINNING MI ETES AN®I BGUNOS PARCEL RECEPTION N. 630254 8.92 ACRES 09Z) DL3CRIfE? PARCEL 0.73 ACRE5 t�. GARFIELD COUNTY LAND SURVEY PLAT RECEPTION No, 549 0 20 40 1 in,=°h = 411 feet A Parcel of .and situate in the Northeast Quarter of the Southeast Quarter of Section 27, Township $ South, Range 89 We of the Sixth Principal Meridian, being a portion of lands described in Book 348 at Page 87, as recorded in Garfield County" public records, County of Garfield. State of Colorado, being more particularly described as follows: Begirt/ling at a point on the West bourrdary of lands described in Warranty Deed recorded as Reception No. 630254 in said public records and also being on the East b u ndary of lands defined on the Glenwood Springs Airport Plait, recorded in the land Survey Pia: Depository as Pape 549, from which the East Quarter Corner of said Section 27 beam N fl 21'17"E, 999,36 feet; thence N633-48 Jl 'E 1741[6 feet to centerline of the Roaring fork River; thence upon centerline of said KIWI' 511°5512' W, 84.95 feet; Thence departing said centerline 563°48'00'W, 121.62fewt; thence N26e12'00" W, 66118 feet to the Point of Beginning. Containing 8-23 Acresmore or less. Reed Pal 647-14 M55 i'{.^Isn; :':,arms -'nn- 5,2944 MSS DATE: 05.28-I4 K6 N11,3E3: 1.3203_:innex :fx, Theodore J. Archibeque PIS 37902 Professional Land Surveyor Archibeque Land Consulting. Ltd - Profes signal Land Surveying S ,slapping - 10,5 Ca pltol Stre t, S.Jlte 5 - P.D. gox 3895 Eagle" Colorado x1631 97'1325,602U OfIke 971:1.326.fie21 Fax 14O110E: according to Colorodo lox you ru. rnnrca my Wool artix bond uper any dkent In this .,w.y within U.K. re. affix yaw 'rat da._.d,L1 id[+r deent lu i A van L. rarer any action based upon. cny dereat In +tile wino*. b. ears & r+re thar --r :earl from the date oh certalandan 'hood hared, Mdtknaly. thl• an[3-en: In prepared to the, sole purpone of use try the partial *rated h*aeon. Ti IMperyaernipte Jin selleiylly aihrlerted de shush e -J Oily appneht (vi.ihle ak +h. time oil rhld.nnrk} Imprvworen-n rd .narandrmr+. are n .d. r bean. Lard Caneuliing, Ltd... K. a.ner(e) and emplupet+; Anil rot be !idle ,,or more ?hon the ccs: M thle do.urns t, and than only to the parties specifically shown hereon. Acceptance and%er uae o' this amyl rrdht for *fly era Ppm: tah*trciit$ aekho• leek ntit and ase r-n.h: aII tad -an .tdt.d Page - 19 EXHIBIT FC -ND SURVE Y MON J MENT APPARENT 4.6' AITNESE CORNER No. 5 R EBAR AITH ND CAP GARFIELD COUNTY LAND SU RVEY PLAT R ECEPTI ON Na. 549 .t41. DESCRIBED PARCEL 0,15 ACRES ;tlt co POINT OF GINNING N 01 '40'00'E 4 60' . 7 4-4 METES AND BOLJN DE PARCEL R EC P710 N NO. 630254 e.92 ACRES FOUND SURVEY MONUMENT 1.25- RED PLASTIC CAP IN ASPHALT LS ILLEGIBLE nESCRIFTION 20 40 1 inch = 4[I feet A flarc et of land situate in the NDrtheast Quarter cd the Southeast Quarter of Seton V, Township 6 South, Range 59 West of the Sixth Principal Menchan, being a portion of lands described m Book 3.13 at Page V, as recorded in Garfield County public reourds, and depleted as area resulting lL20.1:11 bearnag quadrant error an the Sclunueser Gordon Meyer, Glenwood Springs Airport Plat, recorded in the Land Survey Plat Deposttory as Page 549, County of Garfietd, 5tate of Colorado, beteg more particularly de:scribed as follows: 113egmturis At A point on the Wt boundary of lands described in Warrarey Dee4 recorded as Reception N,154 id 13, said public records and also being on the East bostndary of lands defined on said Glenwood 5pnii Airport Platy from winch the East Quarter Corn of said Sow -tion V berms N9304'21."Er 11.12.6.92 feet; thence upon LI* West and South loos of lands &km -dm said Rook 348 at Page 87 thr following tWO (2) molars: I.} 5261201PW, 17164 feet 2) N63`48'OLY'E, 132.84 feat to a pmt on the East line of lands defined on said Glenwood Springs Airport Plat the -act upon a2.11 West boundary of lands descnbed m Warranty Deed recorded as Reception No. 53054 and also bring on said East boundary of lands defined on Glenwood Springs Airport Plat the following two (2) 2) N261.204101N, 1ll11_66 feet; 2) NO1'40'dftE. 4,80 feet tette point of beprincrig. Containing 43.16 Acres more or less. .20.rrA4 TYii, 4344 MSS ArvtA4 Ter* 64244 11,155 Reels affra.nalnas 549.74 Mss NAM HI; DATE; :CO NUIY9Ea.: 15-2-J4MS5 T 52 n nes 11 -,vg Theodore J. Archibeque P13379112 Professional Land Surveyor Archibequv Land Consulting, Ltd - Proles SiOnal Land Surveying & Pilapping - 105 Capitol Street,. Suite 5 - P.O. 60x 3898 Eagle, Colorado 81631 87%32%6020 .01.8CA 970a25.0021 FAA NOThrocorrine to ccdorodo kr ,o coirmtr.re ..rny laud Untkr board uper nny. dee-Et In this eLruey inPhin agree ,esse aaar you -ra etmeo...med 5-Ith defeat In ro swerl, prey sny bawd upar ary ginnui in this min...5y b. rruro Char Ian p.m from the data of certification ehomr hereon. Additkreihi. Shia Elocxnen: i5 prepared far 1:1". salroone of ars Ime h.aertise /detail hersun. The Impruroirattr0,9niletsily21,ertird es shmusu mad unly apponont (vimb-10 nk *. kir, s imprm.arn.m. er I .n,rq.achrnor+w gr. no+ed. Arql,hipqloR Lard ;moulting!. Ltd.. It. own.r(e) srd rot b. kid. ror nor. than the sudi of thlo d.xurramyt, and time% only to the pontos specifically show hereon. accapkence andior uma this dramarrumat To any umnprose atmaktitatst ecknsalealgalrusnt 450 priornonl Inp all hems steramel hand, Page - 20 ANNEXATION MAP METES AND BOUNDS PARCEL LOCATED IN SECTION 27. T8S. RBYW Or THE 6TH PM CI FY OF .G.LEhowooca SPRINGS, GARFIELD COUNTT. COLORADO .eo n �'"nap." .o t 1.141L'lr w w tY`91 w -,-. TOO OP. man iow*. 40• wOabi.N.Y.S91 Yaear..r...e.4114140/1 YII.L[fa�ILr r ▪ rrrFa..w..ww.q- s.....mova w.w+ .r .Fwrrrcw Mws car gmA+..rr.n..wwww.14...) Vel• .r1.mealAringWow 'M.-rrYr A.i..r�rAi e.. rlMawswnrr.rJerr lomat .IrngewY.{ wYw.4.-..Mes.d.Lw tr Ger.+{..yayr..�g r..y�.•k�i.rLn.lw.rt i-wwrl�XwCIrRVM.lfl ikhw.r_*t [m.11no r11.h+.Mxh F•••14. lrwa 11411 l.r ViimIplNr..l rwrwrwr+rr.ratto MO• n�...aw.r,41.ur. ...Iww�4{E41lr_'1 r$ IMOI .sO... rwf.TW flt 1.11. ▪ .rlu...1. rYriw, .OYKhYLY.Iir.h w..�.ilkeYilr.Mt./1rrw.h41.✓, ^wW wlTrlr ..meq. r. labwma FlW 4xe�wwry-y....wl. W +mlhr • w•h."."rra • •o -^-•.N 9nOTtirUry1I .�x•.I..1®t.rN9.1I1X/1fl1rlrl_a4arvww111 +.M4MrMY-rw.MrrPRONYW limn mars rgr.*iv Mi.mr M'R.WNr60M-M4-• D r imN•4 N M..rw.. d mid mu Owed arm norl+1: RIWYB OLIttYta-n - . WPM 11�r�IM'ir'�, � lyYr�rn lrierFa.laflrrw Cl@M a. d..ak L.Yr.e.rryiFwarnsr wri...rr ...WOO COUMA uwa rYtritTFLAT YYo.nnM LIB h� x•�YNwrY..�.�.rwR.g�YIYwr�iy�yglwA 9rirwrr w..a Nyryr.wpOrYuu.NL_lb��. r�4. �'Mmia �•�Ed w.a..rw.4{Fr C -rn e.t1. tl.W la L R..LwY rY4+ Lnwewreu.tl.r.r.r w.r ae . WO,w4.rw�r.�y.Mw�`" rw�.� .r��..M14►rn h..wh{wqM ..A.. YLw-.psF.r.hY.r..- rL4111/5p Iw4141.•n Rw-YKrP4.M1 fir... r.rx-r l4w..1 rr+.xrwrorrrrru..r:Y.nn..w..rwr..a.r Y. A.e.ea rlr.r..wtw Maw ratesn min.5.. -w ,.I.Y wm.w 4444,58 T4 iMir..-.rl V �. rw.w rewr..w.ieu End .-.r- LittcSw_ n,..I _-.n Archibeque Land Consulting, Ltd - 1'refpitlional Land Sur.'iYirg Sr Mapping - LIS 40.4/1..7 FA. Y.. 1•.] M/1M. 4Yle.�. FM enemumi lrwi .1.F. 'NFNO.n y_ `[rnv' @C�ti'tlalnL Rrrvwd hmi fliyriaytra 1 19 J1 MSS ANNEXATION MAP METES AND BOUNDS PARCEL LoCnTeo lot Baca low 27. TOS. R 9W OF Tim OM PM GLOM.. gr.."...GM... C611N9a, COauwwoo -. 61S;S -. IJAU 15221_iwJ4t.e M.irr L Page - 21 Application Request Description - Exhibit A GLENWOOD SPRINGS OFFICE The Denver Center 420 Seventh Street, Suite 100 Glenwood Springs, Colorado 81601 Telephone (970) 947-1936 Facsimile (970) 947-1937 GARFIELD & HECHT, P.C, ATTORNEYS AT LAW Since 1975 www.garfleldhecht.com September 15, 2014 David Pesnichak, Senior Planner Garfield County Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 dpesnichak a garfield-county.com Re: FedEx Facility Dear David: David McConaughy dmcconaughy@earfieldhecht.com Enclosed with this letter please find an application for Substantial Modification of a Land Use Change Permit regarding the proposed FedEx facility by the Glenwood Springs Airport, which was approved by the BOCC following a hearing held on September 9, 2014, and subject to conditions set forth in a Resolution to be considered at the regular meeting on September 15, 2014, As you know, Conditions 20 and 21 of the Resolution require the Applicant to work with the City of Glenwood Springs to reach an agreement regarding road improvements and for dedication of right-of-way for the future South Bridge project. We have scheduled a meeting with City Staff for this purpose, and the Applicant is committed to making a good faith effort to reach a mutually -acceptable agreement with the City. The timing of the project is critical for FedEx, and it is essential that the Applicant obtain the Land Use Change Permit as soon as possible so that construction can begin this Fall. As you know, the City does not support the project generally, and the City cannot be compelled to approve any particular contract with the Applicant. In the event that the City declines to approve any proposed agreement, the Applicant wishes to preserve the right to ask the BOCC to reconsider Conditions 20 and 21 so that the project is not stalled indefinitely. We are advised by County Staff that any amendment to the conditions requires a new application and a new 30 -day public notice. Accordingly, while we hope that we can work with the City to satisfy the conditions as written, the Applicant is submitting this request now in order to comply with the notice requirements while we negotiate, just in case. We will keep your office advised as to our progress with the City and will notify you promptly if an agreement is reached, in which case the Applicant would withdraw the request for modification. Aspen • Avon • Basalt • Glenwood Springs • Rifle Page - 22 ® Printed on recycled paper GARFIELD & HECHT, P.C. David Pesnichek Garfield County Building & Planning September 15, 2014 Page 2 of3 For purposes of this request, and without waiving any rights, the Applicant is willing to accept the County's determination as to appropriate traffic mitigation requirements as set forth in Conditions 20 and 21. Our only concern is that, as written, the two conditions cede land use authority to the City, because the City is not obligated to agree to anything. In the event that the City declines to cooperate with any agreement, there needs to be some way for the Applicant to move forward under the BOCC's authority and jurisdiction. To this end, we suggest modification of the two conditions as follows: Condition 20. As written now: The Applicant shall either contribute $585,000 to the City for road improvements or come to an agreement with the City for specific improvements to be made to Airport Road and Airport Center Road to address the stated dedication, adequacy and safety concerns. A development plan and agreement shall be in place before issuance of the Land Use Change Permit. Requested modifications (changes in italics): The Applicant shall either contribute $585,000 to the City for road improvements or come to an agreement with the City for specific improvements to be made to Airport Road and Airport Center Road to address the stated dedication, adequacy and safety concerns. If the City refuses to accept the tendered $585, 000 and does not approve any agreement acceptable to the Applicant by October 16, 2014, then the Applicant may tender the $585,000 to the County in full satisfaction of this condition. Any development plan and agreement, if applicable, shall be in place before issuance of the Land Use Change Permit. Condition 21 As written now: The Applicant shall develop a plan with the City to determine a specific amount of land dedication for the South Bridge landing, if any. This dedication plan and agreement shall be in place before issuance of the Land Use Change Permit. Should the City determine that a dedication is not necessary, a letter from the City stating such shall be provided to the County. Requested modifications: The Applicant shall develop a plan with the City to determine a specific amount of land dedication for the South Bridge landing, if any, This dedication plan and agreement shall be in place before issuance of the Land Use Change Permit. Should the City determine that a dedication is not necessary, a letter from the City 1111145 ® Printed on recycled paper Page - 23 GARFIELD &HECHT, P.C. David Pesnichek Garfield County Building & Planning September 15, 2014 Page 3 of 3 stating such shall be provided to the County. If the City has neither issued such a letter nor approved any agreement acceptable to the Applicant by October 16, 2014, then the Applicant shall instead grant the County a 10 year option to acquire the dedication parcel al a location to be determined on the southerly end of the parcel, with a right of way not to exceed 55 feet in width. The Applicant shall be entitled to reasonable compensation for the actual fair market value of the dedication parcel at the time of its conveyance to the County or the City, as applicable, which shall include the costs of relocating or replacing any utilities or other improvements that would interfere with the bridge project. If the parties cannot agree on the amount of compensation informally, then the procedures set .forth in C.R.S. § 38-1-121 shall apply. The form of the option agreement shall be subject to review and approval by the County Attorney prior to issuance of building permit. Thank you for considering this request, which we hope will be moot before the BOCC needs to consider it. We will keep you advised. Very truly yours, CHT, P.C. David McC naugh cc: Kelly Cave, Esq. (e-mail only kcave@garfield-county.com county.cotn Frank Hutfless, Esq, (e-mail only thutfless@garfield-coup . on1 ) 1111145 Page - 24 ® ED Printed on recycled paper Vicinity Map The 8.92 acre property is east-southeast of the Glenwood Springs Airport. m- 4! G Cmweoi 1 Or IC' SIN T r —telNK 9I Hier F4 Tl -.F 71. SPC w i r IT 4L711. i'ltl114,11anrMa+ Doak1 CINNON UfY Rd well KNeNNINI Ont 41555 Chd GIoNsol`-Mm CO GW C.&. CO 'L 1'WgDdIT3'; Seale' 1'= O.271MI 44OMt 1,444F1 1 MI 1656' .1 cm 1131.1—r 1M• SFW re") WM H -- l 5099 5095 A QS Niy Page - 25 E 141Lw iId lty :11ap Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE -APPLICATION CONFERENCE SUMMARY DATE: September 16, 2014 PROJECT: Substantial Modification to Warehouse and Distribution Center Resolution of Approval PROPERTY OWNER: CLH Properties, LLC REPRESENTATIVE: Davis Farrar, Western Slope Consulting PARCEL NUMBER: 2185-271-00-08 LOCATION: South of the City of Glenwood Springs and adjacent to the City airport off Airport Center Road ZONING: Commercial General TYPE OF APPLICATION: Amendment to an Signed Resolution of Approval for a Land Use Change Permit (Limited Impact Review) I. GENERAL DESCRIPTION The Applicant proposes to modify two conditions of approval in a resolution of approval for a Warehouse and Distribution Center for FedEx Ground, approved by the BOCC on September 9 and signed on September 15. The proposed amendment to the Resolution includes modifying conditions #20 and #21 regarding road improvements to City owned and maintained streets as well as land dedication for the South Bridge. As written these conditions require the applicant and the City to come to some sort of agreement on each of these issues. However, as written, these conditions do not provide a provision for the project to proceed should the applicant and the City not be able to come to an agreement. As this request requires modifying the conditions of approval established by the Board of County Commissioners (BOCC) in a signed resolution of approval, 4-106 (A)(4) of the Land Use and Development Code (LUDC} require the application to be processed as a Substantial Modification. As such, the request requires the submittal of a new Limited Impact Review (LIR) application and a noticed public hearing with the BOCC. The review process shall be modified in accordance with Section 4-106 of the LUDC whereas although a new application is required to be submitted, only the requested modification is under consideration. Page - 26 II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Section 4-106 determines the process for an amendment to an approved Land Use Change permit. The application is also subject to Section 4-203, Submittal Requires; Article 7, Sections 1-3; and Article 7, Section 7-1102. III. REVIEW PROCESS The process to accommodate these requests shall require a Limited Impact Review (4-104) pursuant to the Land Use and Development Code, as amended. This application is also subject to the applicable review process as outlined in Section 4-106. A. Pre -application Conference. B. Application Submittal. C. Determination of Completeness. (20 days for staff review, 60 days for applicant to correct any deficiencies in the submittal) D. Schedule Public Hearing, (at least 30 days prior to hearing) provide documentation regarding notice requirements. E. Additional Copies requested and sent to referral agencies. F. Evaluation by Director/Staff resulting in a Staff Report to the Board of County Commissioners. G. Public Hearing before the BOCC, resulting in a final approval, approval with conditions or denial. H. Recording of decision in an approved Resolution I. If approved, issuance of a Land Use Change Permit based on demonstration of compliance with any conditions of approval. IV. DETERMINATION In reviewing the information presented by the Applicant, due to the nature of this request and in conformance with Section 4-106(A)(4), the application must be processed as a Substantial Modification. Final determination on the requested LIR Amendment shall be determined by the BOCC. V. APPLICATION REVIEW A. Reviewed by: Staff for technical completeness and compliance with standards B, Public Hearing(s): BOCC C. Referral Agencies: As determined at the time of Technical Completeness. VI. SUBMITTAL REQUIREMENTS The request for an Amendment to an Approved Land Use Change Permit shall submit all of the material consistent with Table 4-201 for an LIR, as well as any other information deemed necessary by the Director. Specifically, the application should include information required in Section 4-203(B) 1-7 Submittal requirements include the following for this Substantial Modification: A. General Application Material (4-203.B), including a. Application Form b. Narrative describing the desired amendment. The narrative should include why the applicant wishes to amend the conditions of approval and an update on the applicant's negotiations with the City and any other alternatives acceptable to the applicant (aside from provide monetary contribution and land dedication to the County). c. Approved site plan. Page - 27 d. Letter of Authorization, for any consultant acting on behalf of the owners (All letters of authorization and statements of authority need to be recorded with the Garfield County Clerk and Recorder). e. Deed or title commitment. f. Legal Description of Property. g. Fees and Payment agreement form. B. Updated property owner information for properties within 200' as well as mineral interests for public notice C. Vicinity Map (4-203.C) VI. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ 300 Amendment to a Limited Impact Review (LIR) Plus any additional Staff time charged at staff hourly rate of 540.50 Referral Agency Fees: $ TBD (includes consulting engineer fees billed at an hourly rate) County Surveyor: $ N/A Recordation: $ N/A Total Deposit: $300 Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre -application Summary Prepared by: September 16, 2014 David Pesnichak�kCP f Date Senior Planner Page - 28 PHI Land TItle OJARMTii MAMMY Land Title Guarantee Company CUSTOMER DISTRIBUTION Dade: 07-10-2014 Property Address: IOW CR 118 GLENWOOD S PRINGS, CO 81601 Ifyou have any inqu zies or re Our Order Number: ABB63008498-6 furtherassistaace, please contact one of the numbers Mow - For C losing Assistance: Janice L. Johnson 1317 GRAND AVE MO GLENWOOD SPRINGS, CO 81601 Phone: 970-9 45-2610 Fax: 800.318-8206 Entail: jjohnsanCultgccam Cbser's Assistant Becky Blanchard Phone: 970-945-2610 Fax: 800.318-8206 EMaik: bhlanchard@Itgc.com For Title Assistance: Bruce Roselle° Bruce Roselle° 5975 GREENWOOD PLAZA BLVD GREENWOOD VILLAGE, CO 80111 Phone: 303-850-4130 Fax: 303-393-4826 EMAIL banal ienC Itgc.com BULLOCK & HINKEY REAL ESTATE "TMX' 3110 A BLAKE AVE GLENWOOD SPRINGS, CO 81601 Atte: ROBERT HINKEY Phone: 970-384-2030 Fax: 970.384-2035 Copies: 1 Entail: h.hinkey0comcast.net Liaised Commitment Delivery CLH PROPERTIES. LLC Attn: CLH PROPERTIES ,LLC Sent Via Realtor LAND TTTLE GUARANTEE COMPANY 1317 GRAND AVE M200 GLENWOOD SPRINGS, CO 81601 Attn: Janice L. Johnson Pitane: 970-945-2610 Fax: 800-318-8206 EMai1: jjohrson@1Rgc.com 09.10.14 RE MAX MOUNTAIN WEST `TMX" 0985 HIGHWAY 133 CARBONDALE, CO 81623 Alb' MICHAEL KENNEDY Phone: 970-963-1940 Fax: 970-963.9163 Copies: 1 Entail: milt eke tnedy@sopris.rlet Lurked Commitment Delivery KW GLENWOOD SPRINGS, LLC Attn: KEVIN M. KIERMAN Entail: cm Sent Via EMaiI MYLERLAW FIRM PC "TMX` 211 MIDLAND AVE 0201 BASALT. CO 81621 Attn: DAVE MYLER Phone: 970-927-0456 Fax: 970-927-0374 Entail: dmylerOmylerlawpc.com Sent Via EMail Page - 29 Land Title i. AGAN C COMPA*lV E SOF Date: 07-10-2014 Land Title Guarantee Company CUSTOMER DISTRIBUTION Property Address: 1097 CR 116 GLENWOOD SPRINGS, CO 81601 ARCHIBEQUE LAND CONSULTING Attn: TED ARCHIBEQUE Copies- 1 EMail: tedQprolandsurvey.com Sent Via EMail MENDELSOHN OSERAN & SPENCER PLC 3915 E. BROADWAY SUITE 225 TUCSON, AZ 85711 Attn: GINAMARIER. SPENCER Phone: 520-325-7600 Fax: 520-323-6614 Co*:pes1 Entail: gspenceremoslawyers.com Sent Via Entad LAND TITLE GUARANTEE COMPANY 5975 GREENWOOD PL AZA BLVD GREENWO OD VILLAGE. CO 80111 Attn: ANDY STENMAN Phone: 303-850-4137 Fax: 303-393-7837 EMail: art emnan @1tg c. corn GomG.T.a I.i=o0:1 Our Order Number: ABB63008498-6 BULL OCK & ?ENKE? REAL ESTATE *MK* 3110 A BLAKE AVE GLENWOOD SPRINGS, CO 81601 Attn: KELLY MCKEE Phone: 970-384-2030 Fax: 970-384-2035 Copies: 1 Entail: knit ckee4sopris.net Linked Commitmen1Delivery GARFIELD & HECHT *TM)? 420 SEVENTH S T 0100 GLENWOOD SPRINGS, CO 81601 Attn: DAVID MCCONAUGHY Phone: 970-947-1936 Fax: 970-917-1937 Copies: 1 Entail: dmccvnaugly@gasfieldhecbt.coo Linked Commitment Delivery Page - 30 Land Title Guarantee Company Land The +:.LOLR.,M1r.F1 COMP .Fr Property Address: 1097 CR 116 GLENWOOD SPRINGS, CO 81601 Date: 07-10-2014 Our Order Number: ABB63008498-6 Buyer/Borrower: KW GLENWOOD SPRINGS, LLC, AN ARIZONA LIMITED LIABILITY COMPANY Seller/Owner: CLH PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY AS TO PARCEL A AND THE CITY OF GLENWOOD SPRINGS AS TO PARCEL B Wire Information: (Please note; We do not accept ACH electronic transfers.) Rank:.4LPINE RAMC G1,FNWf1G1l SPRINGS, CO 81601 Phone: Credit AB.4 No.: 102103407 Accarnf: 1 010018 384 Mention: Janice L. Johnson ****************************************************************** Note: Once an original commitment has been issued, arty subsegi nt modifications All be etophasiied by underlining. Need a map or directions for your upcoming closing? Check out Lard Title's web site at www.hgc.com for directions to any of our 54 office locations. ESTIMATE OF TITLE INSURANCE FEES ALTA Owners Policy 06-17-06 ALTA Loan Policy 06-17-06 Deletion of Standard Exception(s) (13 ONLY) (Owner) Deletion of Standard Exception(s) (14 ONLY) (Lender) Endorsement Patent -06 (B-2 N0. 9) (Owner) Endorsement Patent -06 (B-2 NO, 9) (Lender) Endorsement 101 with Constr. Disbursem ern (Lender) Tax Certificate RESEARCH INCOME-COMML 311R3 $2,099.00 $3, 183. 00 $200.00 $200.00 $200.00 $100. 00 $4, 724. 00 $25. 00 $375. 00 7e Lund irtle Guuuetee Coerlazny 172.11. be c. lc+sing this tr-ansacti.sx, above fees wall be collected at that time. TOTAL $9, 806. 00 Ia.., erica Dern. MANN YOU FOR YOUR ORDER! Page - 31 Old Republic. National Title Insurance Company ALTA COMMITMENT Our Order No. AEE6300S49F-6 Schedule A Cost. Ref.: Property Address: 1097 CR 116 GLENWOOD SPRINGS, CO 81601 1. Effective Date: iuly 03, 2014 at 5:00 P.M, 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 06-17-06 $1,035,000.00 Proposed Insured: KW GLENWOOD SPRINGS, LLC, AN ARIZONA LIMITED LIABILITY COMPANY "ALTA" Loan Policy 06.17-06 $3,723,850.00 Proposed insured: A LENDER TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 1. Tlile to the estate of interest covered herein is 31 the effective date hereof vested in: CLH PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY AS TO PARCEL A AND THE CITY OF GLENWOOD SPRINGS AS TO PARCEL B 5. The Land referred to in this Commitment is described as follows: SER ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Copyright 2006-2014 American Land Title Association. All rights reserved. The use of this Form is restricted b 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. Page - 32 Our Order No: ABB63008498-6 LEGAL DESCRIPTION PARCEL A: A PARCEL OF LAND SITUATED IN THE SE1t4NE1/4 AND IN THE NE1/4SE1/4 OF SECTION 27, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OP GARFIELD, STATE OF COLORADO, SAID PARCEL LYING WESTERLY OF THE CENTER OF THE ROARING FORK RIVER AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOW: DEGINNING AT THE. CENTERLINE OF THE ROARING FORK RIVER. FROM WHICH THE EAST QUARTER CORNER OF SAID SECTION 27. A G.L.O. BRASS CAP STANDARD MONUMENT BEARS S. 88 DEGREES 2000" E. A DISTANCE OF 786.50 FEET; THENCE S. 07 DEGREES 0000" E. ALONG SAID CENTERLINE A DISTANCE OF 5.11 FEET. THENCE S. 11 DEGREES 5512" E. ALONG SAID CENTERLINE A DISTANCE OF 167.56 FEET TO THE SOUTHEAST CORNER OF THAT PARCEL DESCRIBED IN BOOK 348 AT PAGE 87 OF THE GARFIELD COUNTY RECORDS; THENCE S. 63 DEGREES 4800 W. ALONG THE SOUTHERLY LINE OF SAID PARCEL. A DISTANCE 0F310.00 FEET: THENCE N. 26 DEGREES 1200" E. ALONG THE WESTERLY LINE OF SAID PARCEL, A DISTANCE OF 176.64 FEET: THENCE N. 01 DEGREE 40'00" E. ALONG THE WESTERLY LINE OF SAID PARCEL, A DISTANCE OF 204.14 FEET TO THE WESTERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN BOOK 275 AT PAGE 346 OF THE GARFIELD COUNTY RECORDS: THENCE N. 30 DEGREES 1900 W. ALONG THE WESTERLY LINE OF SAID PARCEL, A DISTANCE OF 438.00 FEET TO THE SOUTHERLY LINE OF THAT PARCEL OF LAND DESCRIBED INI3OOK 343 AT PAGE 365 OF THE GARFIELD COUNTY RECORDS: THENCE N. 15 DEGREES 5700" W. A DISTANCE OF 0,21 FEET: THENCE N. 13 DEGREES 1917" W. ALONG SAID WESTERLY LINE, A DISTANCE OF' 52.35 FEET. THENCE N. 18 DEGREES 5156" W. ALONG SAID WESTERLY LINE, A DISTANCE OF 239,57 FEET. THENCE N. 21 DEGREES 05'54" W. A DISTANCE OF 119.29FEET THENCE N. 69 DEGREES 1148" E. ALONG THE NORTHERLY LINE OF SAID PARCEL, A DISTANCE OF 470.20 FEET TO THE NORTHEAST CORNER OF SAID PARCEL AT THE CENTER OF THE ROARING PORK RIVER THENCE S. 09 DEGREES 5948" E. ALONG THE EASTERLY LINE OF SAID PARCEL, AND ALONG THE CENTER OP SAID RIVER, A DISTANCE OP 346.19 FEET: THENCE S 07 DEGREES 0060" E. ALONG THE EASTERLY LINE OF SAID PARCEL AND ALONG THE CENTER OF SAID RIVER, A DISTANCE OF 655.29 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE RIGHT OF WAY FOR COUNTY ROAD. AND EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED IN THE NORTHEAST QUARTER QF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN. BEING A PROTION OF LANDS DESCRIBED IN BOOK 348 AT PAGE 87, AS RECORDED IN GARFIELD COUNTY PUBLIC RECORDS. AND DEPICTED AS AREA RESULTING FROM BEARING QUADRANT ERROR ON THE SCHMUESER GORDON MEYER GLENWOOD SPRINGS AIRPORT PLAT. RECORDED IN THE LAND SURVEY PLAT DEPOSITORY AS PAGE 549. COUNTY QF GARFIELD. STATE. OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Page - 33 Our Order No: ABB63008498-6 LEGAL DESCRIPTION BEGINNING AT A POINT ON THE WEST BOUNDARY OF LANDS DESCRIBED IN WARRANTY DEED RECORDED AS RECEPTION NO. 630254 IN SAID PUBLIC RECORDS AND ALSO BEING ON THE EAST BOUNDARY OF LANDS DEFINED ON SAID GLENWOOD SPRINGS AIRPORT PLAT, FROM WHICH THE EAST QUARTER CORNER OF SAID SECTION 27 BEARS N83° 04'21"E, 1026.92 FEET: THENCE UPON THE WEST AND SOUTH LINES OF LANDS DEFINED IN SAID BOOK 348 AT PAGE 87 THE FOLLOWING TWO (2) COURSES: 1.) S26° 12' 00"W, 171, 64 FEET: 2.) N63° 48'00"E, 1333.84 FEET TO A POINT ON THE EAST LINE OF LANDS DEFINED ON SAID GLENWOOD SPRINGS AIRPORT PLAT: THENCE UPON SAID WEST BOUNDARY OF LANDS DESCRIBED IN WARRANTY DEED RECORDED AS RECEPTION NO. 630254 AND ALSO BEING ON SAID EAST BOUNDARY OF LANDS DEFINED ON GLENWOOD SPRINGS AIRPORT PLAT THE FOLLOWING TWO (2) COURSES: 1.) N26° 12'00"W, 100.66 FEET: 2.) NO1°40'00"E, 4.60 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO PARCEL B: A PARCEL OF LAND SITUATE IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING A PORTION OF LANDS DESCRIBED IN BOOK 348 AT PAGE 37, AS RECORDED IN GARFIELD COUNTY PUBLIC RECORDS, COUNTY OF GARFIELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST BOUNDARY OF LANDS DESCRIBED IN WARRANTY DEED RECORDED AT RECEPTION NO. 630254 IN SAID PUBLIC RECORDS AND ALSO BEING ON THE EAST BOUNDARY OF LANDS DEFINED ON THE GLENWOOD SPRINGS AIRPORT PLAT, RECORDED IN THE LAND SURVEY PLAT DEPOSITORY AS PAGE 549, FROM WHICH THE EAST QUARTER CORNER OF SAID SECTION 27 BEARS N77 DEGREES 21'17"E, 999.36 FEET; THENCE N63 DEGREES 48'00"E, 174.06 FEET TO THE CENTERLINE OF THE ROARING FORK RIVER; THENCE UPON CENTERLINE OF SAID RIVER S11 DEGREES 55'12'W, 84.95 FEET; THENCE DEPARTING SAID CENTERLINE 863 DEGREES 48'00"W, 121.62 FEET; THENCE N26 DEGREES 12'00"W, 66.83 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO Page - 34 ALTA COMMITMENT Schedule B-1 (Requirements) The following are the requirements to be complied with: Our Order No. ABB63008498-6 Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or irlerest to be insured. Proper instrum ern (s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: 1. PROVIDE LAND TITLE GUARANTEE COMPANY WITH A CURRENT ALTA SURVEY OF SUBJECT PROPERTY, UPON REVIEW, ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS MAY BE NECESSARY, LAND TITLE IS NOT RESPONSIBLE FOR ORDERING SAID ALTA SURVEY, SAID SURVEY MUST BE CERTIFIED TO LAND TITLE GUARANTEE COMPANY AND OLD REPUBLIC TITLE. 2. RELEASE OF DEED OF TRUST DATED OCTOBER 04, 2007 FROM CLH PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF ALPINE BANK TO SECURE THE SUM OF $1,596,000.00 RECORDED OCTOBER 80, 2007, UNDER RECEPTION NO. 736342. MODIFCATION OF DEED OF TRUST RECORDED JANUARY 1, 2014 UNDER RECEPTION NO. 845284. 3. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF CLH PROPERTIES, LLC AS A COLORADO LIMITED LIABILITY COMPANY. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSONS) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OFSECTI0N3840-172, CRS. NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. 4. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF KW GLENWOOD SPRINGS, LLC AS A COLORADO LIMITED LIABILITY COMPANY, THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OFSECTION38 S0-172, CRS. Page - 35 ALTA COMMITMENT Schedule B-1 (Requirements) Continued: Our Order No. ABB630084'F;-6 NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER, 5. WARRANTY DEED FROM CLH PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY TO KW GLENWOOD SPRINGS, LLC, AN ARIZONA LIMITED LIABILITY COMPANY CONVEYING SUBJECT PROPERTY, 6. A FULL COPY OF THE FULLY EXECUTED OPERATING AGREEMENT AND ANY AND ALL AMENDMENTS THERETO FOR KW GLENWOOD SPRINGS, LLC, AN ARIZONA LIMITED LIABILITY COMPANY MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY, SAID AGREEMENT MUST DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID ENTITY. NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOC UM ENTATION. ABOVE REQUIREMENTS AFFECT PARCEL A 7. CERTIFIED COPY OF RESOLUTION OF THE GOVERNING BOARD OF THE CITY OF GLENWOOD SPRINGS (AUTHORIZING THE SALE OF THE SUBJECT PROPERTY AND THE EXECUTION OF NECESSARY DOCUMENTS) AND RECITING THAT THE BOARD HAS BEEN DULY AUTHORIZED N THE PREMISES BY THE CORPORATION. SAID RESOLUTION MUST BE PROPERLY CERTIFIED BY AN OFFICER OP THE CORPORATION, SAID RESOLUTION MUST BE. SUBMITTED TO AND APPROVED BY LAND TITLE GUARANTEE COMPANY BUT NEED NOT BE RECORDED. E. WARRANTY DEED FROM CITY OF GLENWOOD SPRINGS TO KW GLENWOOD SPRINGS, LLC, AN ARIZONA LIMITED LIABILITY COMPANY CONVEYING SUBJECT PROPERTY, ABOVE REQUIREMENTS AFFECT PARCEL B 9. IF A FORM 101 ENDORSEMENT IS TO BE ATTACHED TO THE ALTA LOAN POLICY, COPIES OF THE FOLLOWING DOCUMENTATION MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY AT LEAST3 BUSINESS DAYS PRIOR TO CLOSING: NOTE: EMAIL THE GENERAL CONTRACTORS CONTACT INFORMATION, INCLUDING THEIR EMAIL ADDRESS, TO ANDY STENMAN AT ASTENMAN@LTGC.COM AS SOON AS THAT Page - 36 ALTA COMMITMENT Schedule B-1 (Requirements) Continued: INFORMATION BECOMES AVAILABLE. Our Order No. ABB6300S403-6 A. FINANCIAL STATEMENTS FROM BORROWER(S) AND LOAN GUARANTOR(S) THAT ARE NOT OLDER THAN ONE YEAR AND THREE MONTHS PAST ITS"AS OF DATE" B. FIXED PRICE CONTRACT BETWEEN BORROWER AND GENERAL CONTRACTOR. THIS IS TYPICALLY AN AMERICAN INSTITUTE OF ARCHITECT'S (AIA) FORM A101, A107, OR A111 FORM OF CONTRACT OR EQUIVALENT. C. LENDER'S CONSTRUCTION LOAN BUDGET (USES OF LOAN FUNDS). THIS IS USUALLY A MULTI -COLUMN SPREAD SHEET THAT CONTAINS TOTAL PROJECTS COSTS, BORROWER'S EQUITY IN THE LAND, BORROWER'S FUNDS TO BE DEPOSITED WITH THE LENDER, CONSTRUCTION LOAN FUNDS, AND OTHER SOURCES OF PROJECT FUNDS TO BE ALLOCATED TOWARDS LAND ACQUISITION, HARD COSTS OF CONSTRUCTION, TENANT IMPROVEMENTS, AND COMMISSIONS, ETC, D. LENDER'S CONSTRUCTION LOAN AGREEMENT E. INDEMNITY AGREEMENT FROM BORROWER(S), LOAN GUARANTOR(S), AND GENERAL CONTRACTOR F. MISC. DOCUMENTS (PAYMENT AND PERFORMANCE BONDS, APPRAISAL, LLC OPERATING AGREEMENTS, PARTNERSHIP AGREEMENTS, ETC, G. THE "AS PROPOSED" APPRAISAL H. A FULLY EXECUTED CONSTRUCTION DISBURSING AGREEMENT INA FORM ACCEPTABLE TO THE COMPANY. NOTE: ADDITIONAL REQUIREMENTS MAY BE MADE AFTER RECEIPT AND REVIEW OF THE ABOVE INFORMATION. THE ISSUANCE OF THE FORM 101 ENDORSEMENT IS SUBJECT TO THE APPROVAL OF THE UNDERWRITER OF THE POLICY TO BE ISSUED. ALSO, PLEASE EMAIL THE GENERAL CONTRACTOR'S CONTACT INFORMATION, INCLUDING THEIR EMAIL ADDRESS, TO ANDY STENMAN AT ASTENMAN@LTGC.COM AS SOON AS THAT INFORMATION BECOMES AVAILABLE. NOTE: ITEMS 13 OF THE STANDARD EXCEPTIONS WILL BE DELETED UPON RECEIPT OF AN APPROVED SURVEY. MATTERS DISCLOSED BY SAID SURVEY MAY BE ADDED TO SCHEDULE B-2 HEREOF, NOTE: UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE STANDARD EXCEPTIONS ON THE LOAN POLICY WILL BE DELETED. Page - 37 ALTA COMMITMENT Schedule B -I (Requirements) Continued: Our Order No. ABB63 UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE STANDARD EXCEPTIONS ON THE OWNER'S POLICY, WILL BE AMENDED AS FOLLOWS: ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OFCLH PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF KW GLENWOOD SPRINGS, LLC, AN ARIZONA LIMITED LIABILITY COMPANY, NOTE: ITEM 5 OF THE STANDARD EXCEPTIONS WILL RE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTIONS) AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. NOTE: UPON PROOF OF PAYMENT OF 2013 TAXES, ITEM 6 WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2014 AND SUBSEQUENT YEARS. 11 8498-6 Page - 38 ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No, ABB63008498-6 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Lard or that may be asserted by persons in possession of the Land. 2. Easements, hens or encumbrances, or claims thereof, not shown by the Public Records, 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; t) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 8. EXISTING LEASES AND TENANCIES. 9. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 29, 1894 IN BOOK 12 AT PAGE 318. 10, ANY RIGHTS, INTERESTS OR EASEMENTS IN FAVOR OF RIPARIAN OWNERS, THE STATE OF COLORADO, THE UNITED STATES OF AMERICA ACTING BY AND THROUGH THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT OF WASHINGTON, D.C., OR THE GENERAL PUBLIC, WHICH EXIST, HAVE EXISTED, OR ARE CLAIMED TO EXIST IN AND OVER THE WATERS AND PRESENT AND PAST BED BANKS OF THE ROARING FORK RIVER. 11, ANY QUESTION, DISPUTE OR ADVERSE CLAIMS AS TO ANY LOSS OR GAIN OF LAND AS A RESULT OF ANY CHANGE IN THE RIVER BED LOCATION BY OTHER THAN NATURAL CAUSES, OR ALTERATION THROUGH ACCRETION, RELICTION, EROSION OR AVULSION Page - 39 ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. ABB68008498-6 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: OF THE CENTER THREAD, BANK, CHANNEL OR FLOW OF WATERS IN THE ROARING FORK RIVER LYING WITHIN THE SUBJECT PROPERTY. Page - 40 LAND T1TLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subject real proper maybe located in a special taxing district, B) A Certificate of Taxes Due listing each taxing jurisdiction thall be obtained from the County Treasurer or the Count Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of C ounty Commissioners, the County Clerk and Recorder, or the C ounny Assessor. Note: Effective September 1 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall crntain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requiremennt for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulation 3-5-1, Section 7L requires that "Every title entity shall be responsible for all m atfers which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed'. Provided that Lard Title Guarantee Company conducts the dosing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner s Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner maybe available (typically by deletion of Exception no, 4 of Schedule B, S ectian 2 of the Commitment from the Owner s Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by m echanics or material -men for purposes of construction on the land described in Schedule A of this Commitment withinthe past 6 m onths. C) The Company must receive an appropriate affidavit indemnifying the Company against un -filed mechanic s and material -men's hens. D) The Company must receive payment of the appropriate premium . E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within si.xmonthsprior tothe Date cf the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company and, any additional requirements as may be necessary after an examination of the aforesaid inform ation by the Car►pany. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitrnerits coriaining a mineral severance instrument exception, or exceptions in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that 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: Pursuant to CRS 10-1-128(6)(a) It is unlawful to lmowinriggly provide false, incomplete, ormisleadiri facts or information to an insurance company ?or the purpose of defrauding or attempting to defraud the company.. Penalties may include imprisorm1 ent, fines, denial or insurance, and civil damages, Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or inform ationto a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regtdatc-ry agencies. 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. DISCLOSURE 02/20 11 Page - 41 JOINT NOTICE OF PRIVACY POLICY OP LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title insurance Corporation and Old Republic National Title Insurance Company, We want you to know that we recogize and respect your privacy expectations and the requirem ents of federal and state privacy laws. Information security is one of our highest priorities. We recognize that m aintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"), In the course of our business, we may collect Personal Infarm ation about you from: * applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; * your transactions with, or from the services being performed by, us, ow affiliates, or others; * a consumer reporting agency, if such information is provided to us in connection with your transaction; and * the public records m aintained by governmental entities that we either obtain directly from those entities, or frcm our affiliates and non -affiliates. Our policies regarding the protection of the confidentiality and security cf your Personal Inform ation are as follows: * We restrict access to all Personal Information about you to those employees who need to know that inform ation in order to provide products and services to you. * We maintain physical, electrrnic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. * Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. * We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are same situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulert or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to erforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows, Any controversy or daim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof, Form MTV_ PCL _OAT Page - 42 -k Commitment to Insure ALTA Comm itment•2CfT Rev. DLO REPUBLIC NATIONALTITLE INSURANCE CD WARY, a Nlmesota corporation, (Can pony) fa avaluable con:ti alba , am mi is m isare i is policy or policies o f d tle insurance, as idend bed in Schelde A, in favor of the Proposed !wed named in Sandie A, as owner or mortgagee of the estate a interest in the lad demai6e1 a referred min ScheduleA, tponpaym ad of the penriursand charges and =Mama wilt the regirements:all subject to the provisions of Schedule And B ani to the Condi ions of tisCanmibrent. This Can mi tmen t shall boeffective only dhen the ideni ty o f the Proposed Insued and le aviantofthapolicy apdides committed far hale token ted inSchedule A by theCompay. All liabili ty and obligator alder Ciscemmineit Mal cease and terminate six m enths a fur the Ef(eche ()area wham the policy a pelisse caned tted fa shall issue, wtidheer first oaurs, p ovided that the failure to isare such policy or policies is not the fad tof the Cab pahy. CONDRDNSANDSTIPUL TUNS 1. The term 'nor b}age', olherh used herein, shall irhdude dead of trust. trust deed, a other security instrument. 2. If the proposed at has a augur es Iroolalge of any defect, lien, €rcrmbrance, adersedaim or oche matter affe>itrhg Ne astato a interest a mortgage thereon covered by Xis Can mionrant other than Cosashavn Schalk B hereof, and slid fail todisdose suds Inovledge to Compaq in *tibrg, the Company shit be reliered from habil ty for any Iossa darn agerasuiting Ian any acr of rdiaoehere n m the extent the Company tsprejutioed by failtre ipso dseloseardr Inoeledie. If the proposed !wed hall dsclosesuch 1713 Wally tote Company ,or i f the Company otavlseaddles actual hto ledge of any such dared t, lien, erhaumbrance, adverseclam a a ter matter Che Company at its optonmay amend Schedule B of Xis Comm iamen tactadirxfy,but such amendmen t shag not relieve the Compare from liability preaausly incurred pursrrh t to peragraph 3 of these Cad tions and Stipulators. 3. Uabilityof he Company under itis Ccmmitnerh[shall beonly to the manedproposal hsuedand such palies irdudadtrda tie definition of hared in the famof policy or Fides tied for and aly for actul loss incurred in reliahceherein in udarakirg in good forth (a) to oomplywiih the reclaim' ants hereof or ip) to dim irate exceptions shawl in Schedule B, or (c) to aogire a aerate he eta to or interest or m a gage Ihaem awed by this Can mi to ant. In no snit oto l such liability encead theamouit stated n. chachlefor the policy a pelides can mitted fa and such liability is abject to Iheinsuirg provisions and the Cenddans and Stprla lions and the Exclusions from Covaageof the form of pdicy a policies comm itnod fer in ram of to proposed Irbued %Mich areherety irmorpaa ted by reference and aemade apart ofskisCan mitin ant areptasepresoymviifled heren. 4. Tiis cam ent is a an tact *ism ane a male Ito *wart* palms and is no tan abstact of Xle a arepot of the cord lion of tilt. Any action a actors a rights of action that the [winged Insured may have or maybrirg against the Company Jing out of the status of the Ode no to estate a interest a the sratusof to mortgage hereon covered by this Comm iron ere must be based en and one object to the pro iriorsof this Com itnenr, 6. The policy to be issued conrairsan arbroatim dense. All arbtade matters when theAmorht of hruanceis $20000O7or less shall beartitrared at to option of a Ma he Company or to hosed as the exdusiverem efy of the partes. You mayreview a wpyaf IhearlitaIon roles at waw.alta erg. STANDARD EOCEPTO NS h addton to tem alters =tined in the Canditms and Stpolatons aid Fxdusias Iran Coverage above referred to, tisCan mi orient isalso street to to fdtoving: 1. Rghtsordamsofpar desin possession t show by the Relic Records. 2.6asemm ts, a dainty of easale nes, not shown by the Role Records, 3. Dsaepahcies,ceche tsin bouday Inas, shortage n aea,ehaoadmmu, and ary factswticha correctsurvey or inspacthn of the Lard %odd dodose and which one notshomfby the Ptlic Records. 4, Any lien, or right loa tion, for services, labor a materia theretofore a hereat ser furnished, imposed by las and rotshoal by Ise Relic Ftcords. 5. Defects, liens, ercuobraces, adverse dams or other mattes, if any, created, trot appearing in the Retic Reads a attaching stbs3q.tmt to the efiacrivedate Ihaeaf bur prig to doo date theproposed *sued ac gates of read for adore the estate a intaest a ma [gage thaw covered by itis CanmiOmen t. IN YY fENESS YYFIE REOE, Old Rep hlic Natura Title hsranceCom pany has cauoedi is eaperate name mel real to be affixed by itsdoly aurhaited ofbees on tuella* shoo in Scheble A to be valid when cotntaaghed bya wlidaingoflea a other au harked sigaatay. CC O Rh:6 OLD REPUBLIC NATONAL VLF INSURANCE COMPANY A Stock Compaq 400SmordAwrueSaila ",.v lifttheapots, Mateyo* 650 tv * 4, (611) 371-1111 -:;%.,0 * 4u' iaad Sig are ' a * * n �-- -- n * .,3,67p • Aid . .Raateta y e'Naga Page - 43 Site Plan - An 11 "xl7" Site Plan is included with this application under separate cover. This smaller site plan image shows how the proposed facility lies on the property. KEYNOTES p B- YENPIOA� � [,YPI p CURSs: ER. PEP .DA sIMrn aums IE Q s•PIIE .INIMa CONCRETE SHILLS [1IPI 0V S'PTCE NINENY PEDESTRIAN D.SIMG o 7,', 5? PAM[INB EP IPIPI N'N !I' N/3' OMEAXMC • 9'a YO'1 © 7n14P' ANTRO SPEIE IPPFI 01 B' MIQI FENP4 PEA E EMT! /MESS DATE 90 GALE ENTRY ACCESS PEDESTAL CONCRETE PeEHOII E4 r/PE P sTVE PAYEIEPAT Q TYPE 11 SECPN PAYENEM 15 coMIEIE ..13. MPI OD c:=== 40. �0�0 oZ� SOME: 1� NI' [DNfOIa INiEAYLLa f' I. I 392; PC 449 PORTON OF AK 275, P6 345 PARCEL #2185-271-00-007 I/L .10.10 BLEU. TO BE REBORED - PAnOEL 4!2175-271-27-050 PROPOSED ABOVE MORO TAPUMP S M6 P1E1�� TEWsi 4a k 0 r✓ 5 0 a Ea 5 EH CEArEN1NE S ccw'nE PER FEW 4 EPOE4E 4534 !DEFECTIVE PATE AMIWY 3,1X66 ROARING FORK RNER 811 r.P.a,. PrnrN bNwr. Can NxDTN yu0 aq. oN M 10.2 EIEN 30' VERT !IVA MEET 4 or 27 Page - 44