Project File #: VR Project Name: Claremont Ranch Filing 9C Vacate Replat Parcel No.:

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1 COMMISSIONERS: DARRYL GLENN (PRESIDENT) MARK WALLER (PRESIDENT PRO TEMPORE) STAN VANDERWERF LONGINOS GONZALEZ PEGGY LITTLETON PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT CRAIG DOSSEY, EXECUTIVE DIRECTOR TO: FROM: El Paso County Planning Commission Jim Egbert, Chair Gabe Sevigny, Planner II Gilbert LaForce, PE Engineer II Craig Dossey, Executive Director RE: Project File #: VR Project Name: Claremont Ranch Filing 9C Vacate Replat Parcel No.: OWNER: REPRESENTATIVE: Evergreen-Constitution & Marksheffel, LLC 2390 E Camelback Road, Suite 410 Phoenix, AZ Galloway & Company, Inc S Willow Drive, Ste 320 Greenwood Village, CO Commissioner District: 2 Planning Commission Hearing Date: 11/20/2018 Board of County Commissioners Hearing Date 12/11/2018 EXECUTIVE SUMMARY A request by Galloway & Company, Inc., on behalf of Evergreen-Constitution & Marksheffel, LLC, property owner, for approval of a vacation of Lot 2 of Claremont Ranch Filing 9B and replat into two (2) commercial lots, Lot 1 at 0.78 acres and Lot 2 at 0.82 acres. The 1.60 acre property is zoned CR (Commercial Regional) and is located at the southeast corner of the Marksheffel Road and Constitution Avenue intersection and is within Section 4, Township 14 South, Range 65 West of the 6th P.M. and is not located within a small area plan INTERNATIONAL CIRCLE, SUITE 110 COLORADO SPRINGS, CO PHONE: (719) FAX: (719)

2 The Claremont Ranch Filing Number 9C replat is consistent with the dimensional standards of the CR (Commercial Regional) zoning district. The vacation and replat meets the submittal and review criteria as well as the general development standards of Chapter 6, the vacation and replat review criteria of Chapter 7, and the subdivision design requirements of Chapter 8 of the El Paso County Land Development Code (2018). Water and wastewater services will be provided by Cherokee Metropolitan District. A finding of water sufficiency is requested with this request. A. REQUEST/WAIVERS/AUTHORIZATION Request: A request by Galloway & Company, Inc., on behalf of Evergreen- Constitution & Marksheffel, LLC, property owner, for approval of a vacation and replat for the Claremont Ranch Subdivision to vacate Lot 2 of Claremont Ranch Filing 9B and replat into two (2) commercial lots, Lot 1 at 0.78 acres and Lot 2 at 0.82 acres. Waiver(s): No waivers are requested with this application Authorization to Sign: Final Plat, Subdivision Improvements Agreement, Detention Pond Maintenance Agreement and any other documents necessary to carry out the intent of the Board of County Commissioners. B. PLANNING COMMISSION SUMMARY Request Heard: Recommendation: Waiver Recommendation: Vote: Vote Rationale: Summary of Hearing: Legal Notice: C. APPROVAL CRITERIA Section C, Actions Vacating or Altering a Recorded Plat, Replat, of the El Paso County Land Development Code states that a replat, involves two actions, the vacation of the portion of the subdivision plat where the change is proposed and approval of a new subdivision plat. The Code goes on to define a replat as providing a replat of a subdivision or lots in a subdivision, in which the original subdivision is substantially modified or additional lots are created. In approving a replat, the following findings shall be made: 2

3 The replat complies with this Code, and the original conditions of approval associated with the recorded plat; No nonconforming lots are created, and in the case of existing nonconforming lots, the nonconformity is not increased; The replat is in keeping with the purpose and intent of this Code; The replat conforms to the required findings for a minor or major subdivision, whichever is applicable; Legal and physical access is provided to all parcels by public rights-of-way or recorded easement, acceptable to the County in compliance with this Code and the ECM; The approval will not adversely affect the public health, safety, and welfare; and Where the lots or parcels are subject to any CC&Rs or other restrictions, that any potential conflict with the CC&Rs or other restrictions resulting from the replat has been resolved D. LOCATION North: CR (Commercial Regional) Commercial South: CR (Commercial Regional) Commercial East: CR (Commercial Regional) Commercial West: CS (Commercial Service) Vacant E. BACKGROUND The Board of County Commissioners approved a map amendment (rezone) (CR ) for the subject parcel on July 28, The parcel was part of the Claremont Ranch Sketch Plan (SKP ), which was approved by the Board of County Commissioners on October 16, The approved Sketch Plan specifically identified this final plat area as a commercial site. A preliminary plan (SP ) was approved by the Board of County Commissioners on September 22, The final plat, known as Claremont Ranch Filing 9 (SF ), was approved by the Board of County Commissioners on November 25, A vacation and replat (VR ), known as Claremont Ranch 9B, was approved administratively on April 2, 2018, to adjust the lot lines of Lot 2. F. ANALYSIS 1. Land Development Code Compliance This application meets the requirements of Sections A (Vacation) and C (Replat), Actions Vacating or Altering a Recorded Plat, the vacation and replat submittal requirements, the standards for Divisions of Land in Chapter 7, and the standards for Subdivision in Chapter 8 of the Land Development Code. 3

4 2. Zoning Compliance The proposed replat will create one (1) additional lot. The resulting two commercial lots, as proposed, will conform to the standards of the CR (Commercial Regional) zoning district. The CR (Commercial Regional) zoning district density and dimensional standards are as follows: Minimum District Area- 5 acres Minimum Lot Size- none Front Setback 50 feet Side and Rear Setback 25 feet Maximum Building Height 45 feet The proposed future use will maintain a front setback of 50 feet from the property line and a 25 foot side setback along Marksheffel. There are no rear and side setbacks, per footnote 2 of Table 5-5 of the Code. Footnote 2 states that the minimum setback is 25 feet from the perimeter boundary of the zoning district, but no minimum setback is required from any internal side or rear lot lone within the same zoning district. 3. Policy Plan Analysis The El Paso County Policy Plan (1998) has a dual purpose; it serves as a guiding document concerning broader land use planning issues, and provides a framework to tie together the more detailed sub-area elements of the County master plan. Relevant policies are as follows: Policy Encourage new development which is contiguous and compatible with previously developed areas in terms of factors such as density, land use, and access. Policy Direct development toward areas where the necessary urban-level supporting facilities and services are available or will be developed concurrently Policy Encourage infill development which complements existing uses, is consistent with Small Area Plans and other adopted plans. Policy Ensure that new development will not create a disproportionately high demand on public services and facilities by virtue of its location, design or timing. The vacation and replat of Lot 2 of Claremont Ranch Filing 9B into two (2) lots will continue to comply with the lot coverage requirements in the CR (Commercial) zoning district and any future use will need to comply with the 4

5 requirements of the existing CR (Commercial Regional) zoning district. Access to the site is from Constitution Avenue by a Reciprocal Access agreement recorded at Reception No Cherokee Metropolitan District has committed to providing water and wastewater service to the two lots that are to be created if this vacation and replat request is approved. 4. Small Area Plan Analysis This area is not within the boundaries of a small area plan. 5. Other Master Plan Elements The El Paso County Wildlife Habitat Descriptors (1996) identifies the parcels as having a low wildlife impact potential. The El Paso County Parks Department and the El Paso County Environmental Services department were each sent a referral and have no outstanding comments. The Master Plan for Mineral Extraction (1996) identifies valley fill, sand and gravel with silt and clay deposited by water in one or a series of stream valleys, in the area of the subject parcels. A mineral rights certification was prepared by the applicant indicating that, upon researching the records of El Paso County, no severed mineral rights exist. G. PHYSICAL SITE CHARACTERISTICS 1. Hazards A geology, soils, and hazards report prepared by Ground Engineering dated September 19, 2018, was submitted and reviewed with this request. The report did not identify hazards that will preclude development. 2. Wildlife The El Paso County Wildlife Habitat Descriptors (1996) identifies the parcels as having a low wildlife impact potential. 3. Floodplain The subject property is not located within and does not contain a designated FEMA 100-year floodplain, as shown on Flood Insurance Rate Map (FIRM) 08041C0756-F for El Paso County dated March 17, This Map was amended per Case No.: P, with an effective date of December 29,

6 4. Drainage and Erosion The site is located within the Sand Creek Drainage Basin (FOFO4000). Drainage and bridge fees were paid with Claremont Ranch Filing No. 9A. Since the vacation and replat does not result in an increase in impervious acreage no additional fees are assessed. The site generally drains to the south. Runoff will be directed to an existing private extended detention basin located in Lot 1, Block 1 of Claremont Ranch Filing No. 9. The detention pond was designed and constructed to accommodate development of this site. 5. Transportation Access to the lots is from Constitution Avenue and North Marksheffel Road via a reciprocal access easement within Claremont Ranch Filing No. 9. The original traffic study assumed a use that was more intense than what is anticipated today. Based on the revised anticipated development the traffic memorandum submitted for this replat concluded that the current and proposed development results in a net decrease in daily vehicle trips compared to the original traffic study. As a result, the vacation and replat is in compliance with the original study. In accordance with Resolution No , this subdivision will not be assessed any fees through the El Paso County Road Impact Fee program since the subdivision is located within the boundaries of the Central Marksheffel Metropolitan District. The Central Marksheffel Metropolitan District assesses and collects a separate fee at the time of building permit. H. SERVICES 1. Water Cherokee Metropolitan District has committed to serve the property. Sufficiency: Quality: Sufficient Quantity: Sufficient Dependability: Sufficient Attorney s summary: Information to be provided at public hearing. The EPC Health Department provided a recommendation of a finding for sufficiency in terms of water quality. 6

7 2. Sanitation Cherokee Metropolitan District has committed to provide wastewater service to the two lots proposed to be created by this vacation and replat request. El Paso County Public Health provided a favorable recommendation regarding wastewater disposal. 3. Emergency Services The property is within Falcon Fire Protection District. The Fire Protection District was provided a referral by the Planning and Community Development Department, and the District responded with no objection to the request. 4. Utilities Mountain View Electric Association will provide electrical service and Colorado Springs Utilities will provide natural gas service to the development. Public utility easements have been depicted on the replat map. 5. Metropolitan Districts The property is within the boundaries of Central Marksheffel Metropolitan District. The district was provided a referral by the Planning and Community Development Department, their response included acknowledgement that the parcel is subject to the Central Marksheffel Metropolitan Commercial District fees and mill levies, and that the District has no objection to the replat. 6. Parks/Trails Commercial properties are not required to pay regional park fees or urban park fees in lieu of park land dedication at the time of final plat recordation. 7. Schools The property within the replat is located within the boundaries of Falcon School District No. 49. Commercial properties are not required to pay fees in lieu of school land dedication at the time of final plat recordation. I. APPLICABLE RESOLUTIONS Approval Page 49 Disapproval Page 50 J. STATUS OF MAJOR ISSUES There are no outstanding issues. 7

8 K. CONDITIONS AND NOTATIONS Should the Planning Commission and Board of County Commissioners find that the request meets the criteria for approval outlined in Section C, Actions Vacating or Altering a Recorded Plat, Replat, of the El Paso County Land Development Code (2018) staff recommends the following conditions and notation: CONDITIONS 1. All Deed of Trust holders shall ratify the plat. The applicant shall provide a current title commitment at the time of submittal of the Mylar for recording. 2. Colorado statute requires that at the time of the approval of platting, the subdivider provides the certification of the County Treasurer s Office that all ad valorem taxes applicable to such subdivided land, or years prior to that year in which approval is granted, have been paid. Therefore, this plat is approved by the Board of County Commissioners on the condition that the subdivider or developer must provide to the Planning and Community Development Department, at the time of recording the plat, a certification from the County Treasurer s Office that all prior years taxes have been paid in full. 3. The subdivider or developer must pay, for each parcel of property, the fee for tax certification in effect at the time of recording the plat. 4. The Applicant shall submit the Mylar to Enumerations for addressing. 5. Developer shall comply with federal and state laws, regulations, ordinances, review and permit requirements, and other agency requirements, if any, of applicable agencies including, but not limited to, the Colorado Division of Wildlife, Colorado Department of Transportation, U.S. Army Corps of Engineers and the U.S. Fish and Wildlife Service regarding the Endangered Species Act, particularly as it relates to the Preble's Meadow Jumping Mouse as a listed species. 6. Driveway permits will be required for each access to an El Paso County owned and maintained roadway. Driveway permits are obtained from the El Paso County Planning and Community Development Department. NOTATION 1. Final plats not recorded within 24 months of Board of County Commissioner approval shall be deemed expired, unless an extension is approved. 8

9 L. PUBLIC COMMENT AND NOTICE The Planning and Community Development Department notified five (5) adjoining property owners on October 30, 2018, for the Planning Commission meeting. Responses will be provided at the hearing. M. ATTACHMENTS Vicinity Map Letter of Intent Plat Drawing State Engineer s Letter County Attorney s Letter 9

10 FEATHER REED RD FEATHER REED RD AKERS DR AKERS DR BUCOLO AVE BUCOLO AVE N MARKSHEFFEL RD N MARKSHEFFEL RD El Paso County Parcel Information PARCEL NAME EVERGREEN-CONSTITUTION & File Name: Zone Map No.: VR ADDRESS CITY STATE 2390 E CAMELBACK RD STE 410 PHOENIX AZ ZIP ZIPLUS Date: October 16, 2018 COL ORADO SPRINGS CONSTITUTION AVE SITE NOTRE WAY CAPITAL CAPITAL DR DR GUINNESS WAY BUCOLO AVE BUCOLO AVE VENTURE ST IRISH DR WINDROW CT TENNIS LN Please report any parcel discrepancies to: El Paso County Assessor 1675 W. Garden of the Gods Rd. Colorado Springs, CO (719) COPYRIGHT 2018 by the Board of County Commissioners, El Paso County, Colorado. All rights reserved. No part of this document or data contained hereon may be reproduced; used to prepare derivative products; or distributed without the specific written approval of the Board of County Commissioners, El Paso County, Colorado. This document was prepared from the best data available at the time of printing. El Paso County, Colorado, makes no claim as to the completeness or accuracy of the data contained hereon.

11 Commercial Development SEC Marksheffel Rd. & Constitution Ave., Lot 2 of Claremont Ranch Filing 9B El Paso County, CO LETTER OF INTENT PCD File No. VR PROPERTY OWNERSHIP / DEVELOPMENT / CONTACT INFORMATION: Property Ownership: Evergreen-Constitution & Marksheffel, L.L.C East Camelback Road, #410 Phoenix, AZ Applicant: Evergreen Devco, Inc. Attn: Zach Lauterbach 2390 East Camelback Road, #410 Phoenix, AZ Consultant: Galloway & Company, Inc South Willow Drive, Suite 320 Greenwood Village, CO SITE LOCATION, SIZE AND CURRENT ZONING: The subject property is approximately acres is size and is located on the southeast corner of Marksheffel Road and Constitution Avenue in unincorporated El Paso County, Colorado. The site is vacant but previously subdivided. The current zoning of the property is Commercial Regional (CR) zone district, which allows for the proposed land uses listed below. REQUEST AND JUSTIFICATION: The applicant proposes to adjust the size of an existing lot and create a new lot for potential buyers. The proposed subdivision/ replat, conforms to the following requirements, per the Land Development Code of El Paso County, Colorado: Land Development Code of El Paso County, Colorado Requirements The proposed subdivision is in general conformance with the goals, objectives, and policies of the Master Plan; The proposed subdivision is in conformance with the requirements of this Code; The proposed subdivision is compatible with existing and proposed land uses within and adjacent to the sketch plan area; Subdivision Code Conformance The proposed lot is in conformance with goals, objectives, and policies of the Master Plan; The proposed lot is in conformance with the requirements of the Land Development Code; The proposed lot is compatible with existing retail uses within and adjacent to the subdivision; 11

12 The water supply report provides sufficient information to identify probable compliance with the water supply standards and identifies any need for additional water supplies; Services are or will be available to meet the needs of the subdivision including, roads, police and fire protection, schools, recreation facilities, and utility service facilities; The soil is suitable for the subdivision; The geologic hazards do not prohibit the subdivision, or can be mitigated; The subdivision will not interfere with the extraction of any known commercial mining deposit [C.R.S (1), et seq.]; The design of the subdivision protects the natural resources or unique landforms; The proposed methods for fire protection are adequate to serve the subdivision; and The subdivision is appropriate, and the design is based on mitigating the constraints of topography, soil types, geologic hazards, aggregate resources, environmental resources, floodplain, airplane flight overlays, or other constraints. The subdivision is in substantial conformance with the approved preliminary plan; Cherokee Metro has reviewed the proposed subdivision and uses associated therewith and has determined that the water supply is sufficient and complies with water supply standards. No additional water supplies have been deemed necessary; The subject site is located within the service boundaries of the Cherokee Metropolitan District, of which is already providing both public water and sanitation to serve the development. Fire and Emergency services will be provided by the Falcon Fire Protection District. Commitments by Cherokee Metro and Falcon Fire have been obtained and are included with this submittal; As detailed in the Geotechnical Subsurface Exploration Program, conducted and prepared by Ground Engineering Consultants, Inc., the soils were found to be suitable for the proposed development and no geologic hazards were found; The proposed new lot and development will in no way interfere with any commercial mining deposits. Mineral Rights Affidavit recorded with El Paso County on April 20, The proposed new lot does not have any natural resources or unique landforms in need of protection; As detailed in the Wildfire Report and Fire Protections Report, the proposed subdivision contains adequate fire protection. Falcon Fire Department has issued a statement of commitment to protect the subdivision. Appropriate studies have been conducted to ensure that the subdivision is designed to mitigate any constraints of topography, soil types, geologic hazards, aggregate resources, environmental resources, floodplain, airplane flight overlays, or other constraints; The subdivision is in conformance with the preliminary plan approved by El Paso County; 12

13 The subdivision is consistent with the subdivision design standards and regulations and meets all planning, engineering, and surveying requirements of the County for maps, data, surveys, analyses, studies, reports, plans, designs, documents, and other supporting materials; A sufficient water supply has been acquired in terms of quantity, quality, and dependability for the type of subdivision proposed, as determined in accordance with the standards set forth in the water supply standards [C.R.S (6)(a)] and the requirements of Chapter 8 of this Code; A public sewage disposal system has been established and, if other methods of sewage disposal are proposed, the system complies with State and local laws and regulations, [C.R.S (6)(b)] and the requirements of Chapter 8 of this Code; All areas of the proposed subdivision which may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified and that the proposed subdivision is compatible with such conditions [C.R.S (6)(c)]; Adequate drainage improvements are proposed that comply with State Statute [C.R.S (3)(c)(VIII)] and the requirements of this Code and the ECM; Legal and physical access is provided to all parcels by public rights-of-way or recorded easement, acceptable to the County in compliance with this Code and the ECM; Necessary services, including police and fire protection, recreation, utilities, and transportation systems, are or will be made available to serve the proposed subdivision; The subdivision has considered all design standard and regulations and has met all planning, engineering, and surveying requirements of the County for maps, data, surveys, analyses, studies, reports, plans, designs, documents, and other supporting materials; Per the commitment letter dated August 13, 2018 from Cherokee Metropolitan District, there is sufficient water supply to be provided to the new lot and complies with water supply standards. Per the commitment letter dated August 13, 2018 from Cherokee Metropolitan District, the District s Water Reclamation Facility has the required capacity to meet the sewer demands of the new lot. According to the Geotechnical Subsurface Exploration Program, conducted and prepared by Ground Engineering Consultants, Inc., the soil and topographical conditions do not present any hazardous or special precautions. The subdivision has been designed to meet all drainage requirements; The development access points are along both Marksheffel Road and Constitution Avenue. There is a right-in/right-out/left-in access at the southern end (western portion) and a right-in access that separates Lots 2 & 3, of Filing 9B, of the commercial center along Marksheffel Road. There is a right-in/right-out access, as well as a full motion, signalized access onto Constitution Avenue. The subject site is located within the service boundaries of the Cherokee Metropolitan District, of which is already providing both public water and sanitation to serve the development. Fire and Emergency services will be provided by the Falcon Fire Protection District. Commitments by Cherokee Metro and Falcon Fire have been obtained and are included with this resubmittal. 13

14 The final plans provide evidence to show that the proposed methods for fire protection comply with Chapter 6 of this Code; Off-site impacts were evaluated and related offsite improvements are roughly proportional and will mitigate the impacts of the subdivision in accordance with applicable requirements of Chapter 8; Adequate public facilities or infrastructure, or cash-in-lieu, for impacts reasonably related to the proposed subdivision have been constructed or are financially guaranteed through the SIA so the impacts of the subdivision will be adequately mitigated; Final plans will be submitted to El Paso County for review and conformance. The off-site impacts and improvements will not be significantly affected by this subdivision; A SIA was previously agreed to and all work completed as required by the County for Claremont Ranch Marketplace. The proposed pad sites approximate sizes are as follows: Proposed Lots Proposed Land Area (acres) Lot 2A Lot 2B Total Site

15 MARKSHEFFEL RD CLAREMONT RANCH FILING NO. 9C A VACATE REPLAT OF LOT 2, CLAREMONT RANCH FILING NO. 9B IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4, T14S, R65W OF THE 6TH PRINCIPAL MERIDIAN COUNTY OF EL PASO, STATE OF COLORADO Planning. Architecture. Engineering S. Willow Drive, Suite 320 Greenwood Village, CO O C Galloway & Company, Inc. All Rights Reserved KNOW ALL MEN BY THESE PRESENTS: THAT EVERGREEN-CONSTITUTION & MARKSHEFFEL, L.L.C., AN ARIZONA LIMITED LIABILITY COMPANY BEING THE OWNER OF THE FOLLOWING DESCRIBED TRACT OF LAND: LEGAL DESCRIPTION: LOT 2, BLOCK 1, CLAREMONT RANCH FILING NO. 9B, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 3, 2018 AT RECEPTION NO IN THE RECORDS OF EL PASO COUNTY, COLORADO. DEDICATION: THE ABOVE OWNER HAS CAUSED SAID TRACT TO BE PLATTED INTO LOTS AND EASEMENTS AS SHOWN HEREON. THE UNDERSIGNED DOES HEREBY GRANT AND CONVEY TO THE COUNTY OF EL PASO ALL STREETS AND EASEMENTS FOR PUBLIC USE. THIS TRACT OF LAND HEREIN PLATTED SHALL BE KNOWN AS "CLAREMONT RANCH, FILING NO 9C", IN THE COUNTY OF EL PASO COUNTY, COLORADO. OWNERS CERTIFICATE: THE UNDERSIGNED, BEING ALL THE OWNERS, MORTGAGEES, BENEFICIARIES OF DEEDS OF TRUST AND HOLDERS OF OTHER INTERESTS IN THE LAND DESCRIBED HEREIN, HAVE LAID OUT, SUBDIVIDED, AND PLATTED SAID LANDS INTO LOTS AND EASEMENTS AS SHOWN HEREON UNDER THE NAME AND SUBDIVISION OF CLAREMONT RANCH FILING NO. 9C. ALL PUBLIC IMPROVEMENTS SO PLATTED ARE HEREBY DEDICATED TO PUBLIC USE AND SAID OWNER DOES HEREBY COVENANT AND AGREE THAT THE PUBLIC IMPROVEMENTS WILL BE CONSTRUCTED TO EL PASO COUNTY STANDARDS AND THAT PROPER DRAINAGE AND EROSION CONTROL FOR SAME WILL BE PROVIDED AT SAID OWNER'S EXPENSE, ALL TO THE SATISFACTION OF THE BOARD OF COUNTY COMMISSIONERS OF EL PASO COUNTY, COLORADO. UPON ACCEPTANCE BY RESOLUTION, AL PUBLIC IMPROVEMENTS SO DEDICATED WILL BECOME MATTERS OF MAINTENANCE BY EL PASO COUNTY, COLORADO. THE UTILITY EASEMENTS SHOWN HEREON ARE HEREBY DEDICATED FOR PUBLIC UTILITIES AND COMMUNICATION SYSTEMS AND OTHER PURPOSES AS SHOWN HEREON. THE ENTITIES RESPONSIBLE FOR PROVIDING THE SERVICES FOR WHICH THE EASEMENTS ARE ESTABLISHED ARE HEREBY GRANTED THE PERPETUAL RIGHT OF INGRESS AND EGRESS FROM AND TO ADJACENT PROPERTIES FOR INSTALLATION, MAINTENANCE, AND REPLACEMENT OF UTILITY LINES AND RELATED FACILITIES. EVERGREEN-CONSTITUTION & MARKSHEFFEL, L.L.C., AN ARIZONA LIMITED LIABILITY COMPANY BY: EVERGREEN DEVELOPMENT COMPANY-2015, L.L.C., AN ARIZONA LIMITED LIABILITY COMPANY, ITS MANAGER BY: EVERGREEN DEVCO, INC A CALIFORNIA CORPORATION, ITS MANAGER BY: NAME: TITLE: DATE: PLAT NOTES: 1) THE PURPOSE OF THE REPLAT IS TO CREATE A NEW LOT. 2) FIELD WORK WAS COMPLETED ON: SEPTEMBER 21, ) BASIS OF BEARING: ALL BEARINGS ARE GRID BEARINGS OF THE COLORADO STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE, NORTH AMERICAN DATUM THE SOUTH LINE OF LOT 1, BLOCK 1, CLAREMONT RANCH FILING NO. 9 AND IS CONSIDERED TO BEAR N90 00'00"E, MONUMENTED ON THE WEST BY A NAIL & DISC, "AZTEC LS 36567" AND ON THE EAST BY A NO. 4 REBAR W/ YELLOW PLASTIC CAP, PLS 10376". 4) UTILITY NOTE: THE LOCATION OF UTILITIES SHOWN HEREON WAS ESTABLISHED FROM SURFACE EVIDENCE, EXISTING UTILITY MARKERS AND UTILITY LOCATES FROM A UTILITY CONTRACTOR. THE EXACT LOCATION OF BURIED UTILITIES IS UNCERTAIN. PRIOR TO ANY EXCAVATION THE CONTRACTOR SHOULD CONTACT THE UTILITY NOTIFICATION CENTER. THE SURVEYOR MAKES NO GUARANTEE EITHER EXPRESSED OR IMPLIED THAT THE UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCH UTILITIES IN THE AREA, EITHER IN SERVICE OR ABANDONED. THE SURVEYOR FURTHER DOES NOT WARRANT THAT THE UNDERGROUND UTILITIES SHOWN ARE IN THE EXACT LOCATION DEPICTED ALTHOUGH THE UTILITIES ARE LOCATED AS ACCURATELY AS POSSIBLE FROM THE INFORMATION AVAILABLE AT THE TIME OF THE SURVEY. THIS SURVEYOR HAS NOT PHYSICALLY LOCATED THE UNDERGROUND UTILITIES. 5) THIS MAP OR PLAT WAS PREPARED FOR THE EXCLUSIVE USE OF THE PERSON, PERSONS OR ENTITY NAMED IN THE SURVEYOR'S STATEMENT HEREON. SAID STATEMENT DOES NOT EXTEND TO ANY UNNAMED PERSON WITHOUT AN EXPRESS RE-STATEMENT BY THE SURVEYOR. 6) PER THE FEMA FLOOD INSURANCE RATE MAPS (FIRM), MAP NO C0756F HAVING AN MAP REVISED DATE OF MARCH 17, 1997, INDICATES THE SUBJECT PROPERTY TO BE DESIGNATED AS ZONE X (OUTSIDE 0.2% CHANCE OF FLOOD). THIS SURVEY MAKES THIS STATEMENT BY GRAPHIC PLOTTING ONLY. THE SURVEYOR RECOMMENDS A FLOOD STUDY IF MORE INFORMATION IS REQUIRED. 7) ALL LINEAL MEASUREMENTS SHOWN ARE GROUND DISTANCES AND U.S. SURVEY FEET. 8) THIS MAP DOES NOT REPRESENT A TITLE SEARCH BY GALLOWAY & COMPANY, INC. TO DETERMINE OWNERSHIP OR THIS TRACT, VERIFY THE DESCRIPTION SHOWN, VERIFY THE COMPATIBILITY OF THIS DESCRIPTION WITH THAT OF ADJACENT TRACTS OR VERIFY EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING EASEMENTS, RIGHT OF WAY OR TITLE THEREOF, GALLOWAY & COMPANY INC. RELIED UPON THE INFORMATION OR TITLE COMMITMENT/REPORT PROVIDED AT THE TIME OF SURVEY BY THE CLIENT. TITLE COMMITMENT PROVIDED BY CLIENT AND PREPARED BY FIRST AMERICAN TITLE INSURANCE COMPANY, COMMITMENT NO. NCS PHX1, WITH AN EFFECTIVE DATE OF MAY 21, 2018 AT 5:00 P.M. 9) THE APPROVAL OF THIS REPLAT VACATES ALL PRIOR PLATS FOR THE PROPERTY WITHIN THIS REPLAT. 10) THE PROPERTY IS SUBJECT TO A RECIPROCAL ACCESS PARKING AGREEMENT BASED ON RECEPTION NO ) ACCESS WILL BE LIMITED TO ONLY THE APPROVED LOCATIONS AND ONLY THE APPROVED TRAFFIC MOVEMENT AT THOSE LOCATIONS PER RECEPTION NO AND RECEPTION NO ) THE PROPERTY IS SUBJECT TO SIGN EASEMENTS AS NOTED ON THIS REPLAT, BASED ON REC. NO , REC. NO AND REC. NO ) THIS PROPERTY IS SUBJECT TO AN ENCROACHMENT AGREEMENT BETWEEN MAGELLAN PIPELINE COMPANY, L.P. AND THE EVERGREEN CONSTITUTION & MARKSHEFFEL, L.L.C., AS RECORDED SEPTEMBER 22, 2016 AT REC. NO ) EASEMENTS AND PUBLIC DOCUMENTS SHOWN OR NOTED ON THIS SURVEY WERE EXAMINED AS TO LOCATION AND PURPOSE AND WERE NOT EXAMINED AS TO RESTRICTIONS, EXCLUSIONS, CONDITIONS, OBLIGATIONS, TERMS OR AS THE RIGHT TO GRANT THE SAME. CONSTITUTION AVE VICINITY MAP NOT TO SCALE SITE PLAT NOTES (CONTINUED): 26) THE PROPERTY IS SUBJECT TO THE TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND AGREEMENTS AS SET FORTH IN THE MEMORANDUM OF DEVELOPMENT AGREEMENT RECORDED JANUARY 20, 2016 AT RECEPTION NO ) THE PROPERTY IS SUBJECT TO THE TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND AGREEMENTS AS SET FORTH IN THE AGREEMENT FOR OPERATION AND MAINTENANCE FOR COMMON AREAS FOR [CLAREMONT RANCH MARKETPLACE] RECORDED JANUARY 20, 2016 AT RECEPTION NO ) THE PROPERTY IS SUBJECT TO THE TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND AGREEMENTS AS SET FORTH IN THE RESOLUTION NO RECORDED FEBRUARY 9, 2016 AT RECEPTION NO ) THE PROPERTY IS SUBJECT TO THE EASEMENTS, NOTES, COVENANTS, RESTRICTIONS AND RIGHTS-OF-WAY AS SHOWN ON THE PLAT OF CLAREMONT RANCH FILING NO. 9B, RECORDED APRIL 3, 2018 IN RECEPTION NO ) THE PROPERTY IS SUBJECT TO THE CHEROKEE WATER AND SANITATION DISTRICT, AS RECORDED AUGUST 11, 1986 IN BOOK 5216 AT PAGE ) THIS PROPERTY MAY BE IMPACTED BY NOISE CAUSED BY AIRCRAFT OPERATING INTO AND OUT OF THE COLORADO SPRINGS MUNICIPAL AIRPORT. THE BUYER SHOULD FAMILIARIZE HIMSELF/HERSELF WITH THE POTENTIALLY RAMIFICATIONS THEREOF. 32) NO ELECTROMAGNETIC LIGHT, ANY PHYSICAL EMISSIONS WHICH MAY INTERFERE WITH AIRCRAFT, AVIATION, COMMUNICATIONS OR NAVIGATIONAL AIDS ARE ALLOWED. 33) NO LOT OR INTEREST THEREIN, SHALL BE SOLD, CONVEYED OR TRANSFERRED WHETHER DEED OR BY CONTRACT, NOR SHALL BUILDING PERMITS BE ISSUED, UNTIL AND UNLESS THE REQUIRED PUBLIC IMPROVEMENTS HAVE BEEN CONSTRUCTED AND COMPLETED IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENTS AGREEMENTS BETWEEN THE APPLICANT AND EL PASO COUNTY AS RECORDED AT RECEPTION NO , IN THE OFFICE OF THE CLERK AND RECORDER OF EL PASO COUNTY, COLORADO, OR IN THE ALTERNATIVE, OTHER COLLATERAL IS PROVIDED WHICH IS SUFFICIENT IN THE JUDGEMENT OF THE BOARD OF COUNTY COMMISSIONERS, TO MAKE PROVISIONS FOR THE COMPLETION OF SAID IMPROVEMENTS. 34) DEVELOPER SHALL COMPLY WITH FEDERAL AND STATE LAWS, REGULATIONS, ORDINANCES, REVIEW AND PERMIT REQUIREMENTS, AND OTHER AGENCY REQUIREMENTS, IF ANY, OF APPLICABLE AGENCIES INCLUDING, BUT NOT LIMITED TO, THE COLORADO DIVISION OF WILDLIFE, COLORADO DEPARTMENT OF TRANSPORTATION, U.S. ARMY CORPS OF ENGINEERS AND THE U.S. FISH AND WILDLIFE SERVICE REGARDING THE ENDANGERED SPECIES ACT, PARTICULARLY AS IT RELATES TO THE LISTED SPECIES (E.G., PREBLE'S MEADOW JUMPING MOUSE). 35) NO DRIVEWAY SHALL BE ESTABLISHED UNLESS AN ACCESS PERMIT HAS BEEN GRANTED BY EL PASO COUNTY. 36) THIS SERVES AS NOTICE OF POTENTIAL AIRCRAFT OVERFLIGHT AND NOISE IMPACTS ON THIS PROPERTY DUE TO ITS CLOSE PROXIMITY TO AN AIRPORT, WHICH IS BEING DISCLOSED TO ALL PROSPECTIVE PURCHASERS CONSIDERING THE USE OF THIS PROPERTY FOR RESIDENTIAL AND OTHER PURPOSES. THIS PROPERTY IS SUBJECT TO THE OVERFLIGHT AND ASSOCIATED NOISE OF ARRIVING AND DEPARTING AIRCRAFT DURING THE COURSE OF NORMAL AIRPORT OPERATIONS. 37) THE PROPERTY IS SUBJECT TO THE TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND AGREEMENTS AS SET FORTH IN THE ASSIGNMENT AND ASSUMPTION OF RIGHTS AND OBLIGATIONS OF MAINTENANCE DIRECTOR UNDER AGREEMENT FOR MAINTENANCE FOR COMMON AREAS OF CLAREMONT RANCH MARKETPLACE RECORDED OCTOBER 13, 2017 AT RECEPTION NO ) THE PROPERTY IS SUBJECT TO THE TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND AGREEMENTS AS SET FORTH IN THE AMENDED AND RESTATED SUPPLEMENT NO. 1 TO COMMON OPERATION AND RECIPROCAL EASEMENT AGREEMENT RECORDED SEPTEMBER 29, 2017 AT RECEPTION NO 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 ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. ANY PERSON WHO KNOWINGLY REMOVES, ALTERS, OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT, LAND BOUNDARY MONUMENT, OR ACCESSORY COMMITS A CLASS TWO (2) MISDEMEANOR, PURSUANT TO STATE STATUTE OF THE COLORADO REVISED STATUTES. COUNTY APPROVALS: THIS PLAT FOR CLAREMONT RANCH FILING NO. 9C WAS APPROVED FOR FILING BY THE EL PASO COUNTY, COLORADO BOARD OF COUNTY COMMISSIONERS ON THE DAY OF, 20, SUBJECT TO ANY NOTES SPECIFIED HEREON AND ANY CONDITIONS INCLUDED IN THE RESOLUTION OF APPROVAL. THE DEDICATIONS OF LAND TO THE PUBLIC EASEMENTS ARE ACCEPTED, BUT THE PUBLIC IMPROVEMENTS THEREON WILL NOT BECOME THE MAINTENANCE RESPONSIBILITY OF EL PASO COUNTY UNTIL PRELIMINARY ACCEPTANCE OF THE PUBLIC IMPROVEMENTS IN ACCORDANCE WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT CODE AND ENGINEERING CRITERIA MANUAL, AND THE SUBDIVISION IMPROVEMENTS AGREEMENT. CLAREMONT RANCH FILING 9B IN ITS ENTIRETY IS VACATED AND AMENDED FOR THE AREAS DESCRIBED BY THIS REPLAT SUBJECT TO ALL COVENANTS, CONDITIONS, AND RESTRICTIONS RECORDED AGAINST AND APPURTENANT TO THE ORIGINAL PLAT RECORDED IN THE OFFICE OF THE EL PASO COUNTY CLERK AND RECORDER, RECEPTION # PRESIDENT, BOARD OF COUNTY COMMISSIONERS DATE EXECUTIVE DIRECTOR, EL PASO COUNTY PLANNING DATE AND COMMUNITY DEVELOPMENT DEPARTMENT SURVEYOR'S CERTIFICATE: I, BRIAN J. DENNIS, A DULY REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THIS PLAT TRULY AND CORRECTLY REPRESENTS THE RESULTS OF A SURVEY MADE ON DATE OF SURVEY, BY ME OR UNDER MY DIRECT SUPERVISION AND THAT ALL MONUMENTS EXIST AS SHOWN HEREON; THAT MATHEMATICAL CLOSURE ERRORS ARE LESS THAN 1:10,000; AND THAT SAID PLAT HAS BEEN PREPARED IN FULL COMPLIANCE WITH ALL APPLICABLE LAWS OF THE STATE OF COLORADO DEALING WITH MONUMENTS, SUBDIVISION, OR SURVEYING OF LAND AND ALL APPLICABLE PROVISIONS OF THE EL PASO COUNTY LAND DEVELOPMENT CODE. I ATTEST THE ABOVE ON THIS DAY OF, 20. CLAREMONT RANCH FILING NO. 9C COUNTY OF EL PASO STATE OF COLORADO A VACATE REPLAT OF LOT 2, CLAREMONT RANCH FILING NO. 9B IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4, T14S, R65W OF THE 6TH P.M. 15) CAUTION: THE SURVEYOR PREPARING THIS MAP WILL NOT BE RESPONSIBLE FOR, OR LIABLE FOR, UNAUTHORIZED CHANGES TO OR USES OF THIS MAP. ALL CHANGES TO THIS EXHIBIT MUST BE APPROVED IN WRITING BY THE SURVEYOR IN CHARGE. 39) THE PROPERTY IS SUBJECT TO THE TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND AGREEMENTS AS SET FORTH IN THE SUPPLEMENT NO. 3 TO COMMON OPERATION AND RECIPROCAL EASEMENT AGREEMENT RECORDED SEPTEMBER 29, 2017 AT RECEPTION NO ) 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 ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCE MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. C.R.S (3)(A). 17) THE PROPERTY IS SUBJECT TO ANY TAX, LIEN, FEE OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT PROPERTY IN THE CENTRAL MARKSHEFFEL METROPOLITAN DISTRICT, AS EVIDENCED BY INSTRUMENT RECORDED OCTOBER 03, 2002 AT RECEPTION NO AND ORDER AND DECREE RECORDED DECEMBER 12, 2002 AT RECEPTION NO ) THE PROPERTY IS SUBJECT TO THE TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND AGREEMENTS AS SET FORTH IN THE RESOLUTION NO RECORDED JULY 29, 2015 AT RECEPTION NO ) THE PROPERTY IS SUBJECT TO THE TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND AGREEMENTS AS SET FORTH IN THE SUPPLEMENT NO. 4 TO COMMON OPERATION AND RECIPROCAL EASEMENT AGREEMENT RECORDED SEPTEMBER 29, 2017 AT RECEPTION NO ) THE PROPERTY IS SUBJECT TO THE TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND AGREEMENTS AS SET FORTH IN THE SUPPLEMENT NO. 5 TO COMMON OPERATION AND RECIPROCAL EASEMENT AGREEMENT RECORDED SEPTEMBER 29, 2017 AT RECEPTION NO ) THE PROPERTY IS SUBJECT TO THE TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND AGREEMENTS AS SET FORTH IN THE ASSIGNMENT AND ASSUMPTION OF RIGHTS AND OBLIGATIONS OF MANAGER UNDER COMMON OPERATION AND RECIPROCAL EASEMENT AGREEMENT RECORDED OCTOBER 16, 2017 AT RECEPTION NO BRIAN J. DENNIS DATE COLORADO PROFESSIONAL LAND SURVEYOR NO FOR AND ON BEHALF OF GALLOWAY & COMPANY, INC. # Date Issue / Description Init ADDRESS COMMENTS AAY ADDRESS COMMENTS AAY ADDRESS COMMENTS AAY ADDRESS COMMENTS BJD 19) THE PROPERTY IS SUBJECT TO THE TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND AGREEMENTS AS SET FORTH IN THE RESOLUTION NO RECORDED SEPTEMBER 23, 2015 AT RECEPTION NO ) THE PROPERTY IS SUBJECT TO THE TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS, EASEMENTS AND AGREEMENTS AS SET FORTH IN THE AVIGATION EASEMENT RECORDED JANUARY 7, 2016 AT RECEPTION NO ) THE PROPERTY IS SUBJECT TO THE TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND AGREEMENTS AS SET FORTH IN THE SUBDIVISION IMPROVEMENT AGREEMENT RECORDED JANUARY 14, 2016 AT RECEPTION NO ) THE PROPERTY IS SUBJECT TO THE TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND AGREEMENTS AS SET FORTH IN THE PRIVATE DETENTION BASIN / STORM WATER QUALITY BEST MANAGEMENT PRACTICE MAINTENANCE AGREEMENT AND EASEMENT RECORDED JANUARY 14, 2016 AT RECEPTION NO ) THE PROPERTY IS SUBJECT TO THE COVENANTS, CONDITIONS, RESTRICTIONS, PROVISIONS AND EASEMENTS AS SET FORTH IN DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED JANUARY 20, 2016 AT RECEPTION NO , BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN, AND ANY AND ALL AMENDMENTS, ASSIGNMENTS, OR ANNEXATIONS THERETO. CLERK AND RECORDER STATE OF COLORADO COUNTY OF EL PASO I HEREBY CERTIFY THAT THIS INSTRUMENT WAS FILED FOR RECORD IN MY OFFICE AT O' CLOCK.M., THIS DAY OF, 2018 A.D., AND IS DULY RECORDED AT RECEPTION NO. OF THE RECORDS OF EL PASO COUNTY, COLORADO. BY: EL PASO COUNTY CLERK AND RECORDER Project No: Drawn By: Checked By: Date: EDI AAY BJD 11/07/ ) ALL EASEMENTS THAT ARE DEDICATED HEREON FOR PUBLIC UTILITY PURPOSES RELATED TO GAS AND ELECTRIC SHALL BE SUBJECT TO THOSE TERMS AND CONDITIONS AS SPECIFIED IN THE INSTRUMENT RECORDED AT RECEPTION NO OF THE RECORDS OF EL PASO COUNTY, COLORADO. ALL OTHER EASEMENTS OR INTERESTS OF RECORD AFFECTING ANY OF THE PLATTED PROPERTY DEPICTED HEREON SHALL NOT BE AFFECTED AND SHALL REMAIN IN FULL FORCE AND EFFECT. FEES: FEE: SURCHARGE: 25) BASED ON ELEVATION DATA, THE APPLICANT SHOULD FILE FEDERAL AVIATION ADMINISTRATION (FAA) FORM "NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION" FOR ANY NEW VERTICAL DEVELOPMENT AT THIS SITE, INCLUDING TEMPORARY CONSTRUCTION EQUIPMENT, AND PROVIDE FAA DOCUMENTATION TO THE AIRPORT BEFORE THE COMMENCEMENT OF CONSTRUCTION ACTIVITIES. DRAINAGE FEE: SCHOOL FEE: BRIDGE FEE: PARK FEE: 1 OF 2 15

16 CLAREMONT RANCH FILING NO. 9C A VACATE REPLAT OF LOT 2, CLAREMONT RANCH FILING NO. 9B IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4, T14S, R65W OF THE 6TH PRINCIPAL MERIDIAN COUNTY OF EL PASO, STATE OF COLORADO Planning. Architecture. Engineering S. Willow Drive, Suite 320 Greenwood Village, CO O C NORTH LINE OF THE NW 1/4 OF SECTION 4, T. 14S, R65W, OF THE 6TH P.M. NORTH LINE OF THE NW 1/4 OF SECTION 4, T. 14S, R65W, OF THE 6TH P.M. SIDEWALK EASEMENT (REC. NO ) 29.46' SIDEWALK EASEMENT (REC. NO ) 10' KANEB NO BUILD ZONE (REC. NO ) FOUND MONUMENT (AS DESCRIBED) SET, NO. 5 REBAR, W/ ORANGE CAP, 10' UTILITY EASEMENT (REC. NO ) 7' PUBLIC UTILITY & DRAINAGE EASEMENT SET, NO. 5 REBAR W/ ORANGE PLASTIC CAP, (UNLESS OTHERWISE NOTED) PROPERTY LINE 20' X 7' UTILITY EASEMENT 30' KANEB EASEMENT (REC. NO ) 7' PUBLIC UTILITY & DRAINAGE EASEMENT EASEMENT BEARING & DISTANCE ' LOT 1, BLOCK 1 CLAREMONT RANCH FILING NO. 9 (REC. NO ) CITY OF COLORADO SPRINGS UTILITIES EASEMENT (REC. NO ) (REC. NO ) (REC. NO ) 80' ' 18.00' 20' X 7' UTILITY EASEMENT AS REPLATTED ' LOT 2 35,718 sq.ft acres ADDRESS: 2457 PUBLIC UTILITY & DRAINAGE EASEMENT (BY THIS PLAT) *NOT A PART* LOT 1, BLOCK 1 CLAREMONT RANCH FILING NO. 9 (REC. NO ) 5' 5' 20' X 7' UTILITY EASEMENT ' *NOT A PART* CLAREMONT RANCH FILING NO. 9B (REC. NO ) *NOT A PART* ' PUBLIC UTILITY & DRAINAGE EASEMENT (SEE NOTE #11) DESIGNATED ACCESS POINT 29.51' 5' LOT 3, BLOCK 1 N00 00'00"E UTILITY EASEMENT (REC. NO ) 50' PERMANENT EASEMENT (REC. NO ) SET, NAIL & DISC, 5' (SEE NOTE #11) DESIGNATED ACCESS POINT ' (SEE NOTE #13) PIPELINE ENCROACHMENT (REC. NO ) 50' 50' N90 00'00"E (Tie to Rocky Mnt PL Esmt) 50' PERMANENT EASEMENT (REC. NO ) SET, NAIL & DISC, 30' KANEB EASEMENT (REC. NO ) *NOT A PART* (SEE NOTE #13) PIPELINE ENCROACHMENT (REC. NO ) 80' LOT 1 33,806 sq.ft acres ADDRESS: ' ' CITY OF COLORADO SPRINGS UTILITIES EASEMENT (REC. NO ) (REC. NO ) (REC. NO ) 1 K OC BL (Tie to Rocky Mnt PL Esmt) SET, NO. 5 REBAR, W/ ORANGE CAP, 10' N90 00'00"W LOT 2 69,524 sq.ft acres RECIPROCAL ACCESS EASEMENT 7' 10' KANEB NO BUILD ZONE (REC. NO ) EXISTING EASEMENT AS PLATTED ' 30.00' ADJACENT PROPERTY LINE 30' 7' 32' SET, NO. 5 REBAR, W/ ORANGE CAP, A VACATE REPLAT OF LOT 2, CLAREMONT RANCH FILING NO. 9B IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4, T14S, R65W OF THE 6TH P.M. 7' 12.21' LOT 3, BLOCK 1 PUBLIC UTILITY & DRAINAGE EASEMENT CLAREMONT RANCH FILING NO. 9B 20' X 7' UTILITY EASEMENT (REC. NO ) *NOT A PART* 29.51' LEGEND SET, NO. 5 REBAR, W/ ORANGE CAP, SET, NAIL & DISC, "PLS 38069" ' ' 30.00' PUBLIC UTILITY & DRAINAGE EASEMENT (REC. NO ) ' SET, NO. 5 REBAR, W/ ORANGE CAP, *NOT A PART* # Date *NOT A PART* ' 32' LOT 1, BLOCK 1 7' PUBLIC UTILITY & CLAREMONT RANCH DRAINAGE EASEMENT FILING NO. 9B (REC. NO ) 20' X 7' UTILITY EASEMENT 5' SET, NO. 5 REBAR, W/ ORANGE CAP, 20' MOUNTAIN VIEW ELECTRIC ASSOC. ELECTRIC EASEMENT (RE. NO ) 5' SET, NAIL & DISC, "PLS 38069" FOUND, NO. 5 REBAR W/ YELLOW PLASTIC CAP, "PLS 36567" ' *NOT A PART* ROCKY MOUNTAIN PIPELINE SYSTEM, LLC RIGHT OF WAY & NON EXCLUSIVE EAESMENT (REC. NO ) K N. MARKSHEFFEL ROAD (PUBLIC R.O.W. VARIES) (REC. NO ) LOT 1, BLOCK 1 7' PUBLIC UTILITY & CLAREMONT RANCH EASEMENT DRAINAGE FILING NO. 9B ) NO. (REC. (REC. NO ) 20' X 7' UTILITY EASEMENT RECIPROCAL ACCESS EASEMENT 20' MOUNTAIN VIEW ELECTRIC ASSOC. ELECTRIC EASEMENT (RE. NO ) 52.54' ' FOUND, NO. 5 REBAR W/ YELLOW PLASTIC CAP, "PLS 36567" N24 11'38"E ' 16.33' ' ROCKY MOUNTAIN PIPELINE SYSTEM, LLC RIGHT OF WAY & NON EXCLUSIVE EAESMENT (REC. NO ) 52.54' WEST LINE OF THE NW 1/4 OF SECTION 4, T. 14S, R65W, OF THE 6TH P.M ' N. MARKSHEFFEL ROAD (PUBLIC R.O.W. VARIES) (REC. NO ) 7' ' N89 46'01"E FOUND, NO. 5 REBAR W/ YELLOW PLASTIC CAP, "PLS 36567" 20' DEDICATED PUBLIC RIGHT-OF-WAY 24,427 SQUARE FEET ( ACRES) REC. NO BL OC ' N24 11'38"E N89 46'01"E ' UNPLATTED (REC. NO ) WEST LINE OF THE NW 1/4 OF SECTION 4, T. 14S, R65W, OF THE 6TH P.M. N47 01'08"E 18.82' FOUND, NO. 5 REBAR W/ YELLOW PLASTIC CAP, "PLS 36567" CONSTITUTION AVENUE (120' PUBLIC R.O.W.) N47 01'08"E 18.82' CONSTITUTION AVENUE (120' PUBLIC R.O.W.) 30' 30' FOUND, NO. 5 REBAR W/ ORANGE PLASTIC CAP, ADDRESS COMMENTS AAY ADDRESS COMMENTS AAY ADDRESS COMMENTS AAY ADDRESS COMMENTS BJD 74.53' Δ=90 00'00" R=20.00' L=31.42' CB=S45 00'00"W C=28.28' BASIS OF BEARINGS FOUND, NO. 4 REBAR W/ YELLOW PLASTIC CAP, "PLS 10376" Δ=90 00'00" R=20.00' L=31.42' CB=S45 00'00"W C=28.28' FOUND, TACK & DISC AZTEK, "LS 36567" SCALE: 1"=40' Project No: Drawn By: AAY Checked By: BJD Date: BASIS OF BEARINGS EDI /07/2017 FOUND, NO. 4 REBAR W/ YELLOW PLASTIC CAP, "PLS 10376" 2 OF 2 16 Init. N90 00'00"W ' N0 08'32"E 74.53' N0 08'32"E Issue / Description FOUND, NO. 5 REBAR W/ ORANGE PLASTIC CAP, N90 00'00"W ' FOUND, TACK & DISC AZTEK, "LS 36567" COUNTY OF EL PASO STATE OF COLORADO N47 01'08"E CLAREMONT RANCH FILING NO. 9C FOUND, NO. 5 REBAR W/ YELLOW PLASTIC CAP, "PLS 36567" FOUND, NO. 5 REBAR W/ YELLOW PLASTIC CAP, "PLS 36567" Galloway & Company, Inc. All Rights Reserved

17 November 8, 2018 Office of the State Engineer 1313 Sherman St, Suite 818 Denver, CO El Paso County Development Services Department 2880 International Circle, Suite 110 Colorado Springs, CO RE: Claremont Ranch Filing 9C Final Plat Amendment Sec. 4, Twp. 14S, Rng. 65W, 6 th P.M. Water Division 2, Water District 10 CDWR Assigned Subdivision No To Whom It May Concern: We have received the additional information regarding the above referenced submittal which proposes to vacate and replat Lot 2 (1.6 ± acres), Claremont Ranch Filing No. 9B; which is part of Claremont Ranch Phase II into two approximately equal sized lots. This office previously provided comments regarding this water supply on December 1, 2015; this letter shall supersede those previous comments. The existing lot is part of a larger proposal to subdivide a /- acre tract of land into six commercial lots and a tract of land for detention and water quality. According to the submittal, the proposed supply of water and wastewater disposal is to be served by the Cherokee Metropolitan District (Cherokee). Water Supply Demand The revised Water Supply Information Summary and Commitment Letter November 1, 2018 estimates a demand of acre-feet/year for replat of the proposed development, which includes Lot 1 (0.75 acre-feet/year), Lot 2A (1.48 acre-feet/year), Lot 2B (1.48 acre-feet/year), Lot 3 (0.75 acre-feet/year), and Lot 4 (1.48 acre-feet/year). According to the submittal, the estimated water demand for Claremont Ranch Filing #9C was determined by Cherokee based on tap sizes provided the developer. Source of Water Supply The proposed source of water for Claremont Ranch Filing 9C (Phase II) is to be served by Cherokee according to a November 1, 2018 letter of commitment from Cherokee which was provided as part of the additional information to this office. The letter commits to serving acre-feet/year to Claremont Ranch Filing #9C. This is an increase of 1.48 acre-feet/year from the previous commitment to account for the additional lot. According to this office s records, Cherokee appears to have sufficient water resources in its general water portfolio to supply Claremont Ranch Filing #9C with a 300-year water supply. 17