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CAPITAL CONSTRUCTION L.L.C. RESPONSE TO SPECIAL USE PERMIT APRIL 29, 2003 RECEIVED GARFIEL� p�NNI �G BUILDING CUSTOM HOME BUILDERS CCAPITAL CONSTRUCTION 970-945-2544 FAX 945-1412 L.L.C. 0241 Counry Road 167 Glenwood Springs, CO 80601 To Garfield County Building and Planning Department, Attn; Tamara Pregl In response to your letter dated March 11 2003 itt m One; Most of the daily deliveries that we may have would be from U.P.S., usually small boxes at 12.00 P.M. Our deliveries from Denver arrive at approximately 10.00 A.M. on Tuesday and Thursday with a two and one half ton delivery truck. No semis make any deliveries. If we receive large items (from R.A.C. or comparable) we have them shipped direct to the jobsite. Virtually all of our cliental and contractors are from Aspen and do not visit our office. It is rare that any sales people visit as we try to discourage them. The 5000 square foot office space has been dictated by the requirements for our warehouse. I tried to create a smaller footprint on the main level by introducing a front porch and rear deck. This resulted in two thousand square feet less than the lower level. A proposed floor plan is attached. We do plan to only have the three of us use the space. In the future if the zoning would change for the entire area we may have interest in leasing some of the space if allowed. CCAPITAL%.� CONSTRUCTION CUSTOM HOME BUILDERS L.L.C. 970-945-2544 0241 County Road 167 FAX 945-1412 Glenwood Springs, CO 80601 The six company trucks will be parked at the lower level and there will be a substantial open space between the building and Cattle Creek Road for employee personal vehicles. Item Two; We have checked into the well permit. They are issuing a residential permit to us now and if the classification for the special permit were granted they would change the permit to commercial at that time. Item tree; Improvement survey submitted; I have researched this issue more thoroughly. The two homes have existed on site for many years. The log house is probably over forty years old and the smaller building is at least 30 years old. The smaller building was a barn (shed) at one time and was converted info living space some time during the 1930s. I do not have an explanation as to why it does not show on the survey. A building permit was not issued for this building and the information was not released to us when we purchased the property. We would do whatever is required of your office to comply. If that means removing appliances or fixtures we will If we need to obtain a permit and bring it up to code, we will or worst case scenario if you would like the building removed we CUSTOM HOME BUILDERS I CCAPITAL/..� CONSTRUCTION L.L.C. 970-945-2544 0241 County Road 167 FAX 945-1412 Glenwood Springs, CO 80601 would do that also. Our wish is to the two homes for employee housing at some point in the future. Idem four; U.S.G.S. map is attached Rem Give; Garfield County Assessors Map with mineral rights attached. Item six; The entrance to the property will be widened and the scrub brush will be cut to give a better view of the road. A landscape plan is attached. The change in landscape will be to create a small berm about ten feet back from the road and create some privacy. It will be seeded with native grasses, which will be replacing the existing bare soil and curb the erosion. The existing split rail cedar fencing will stay in place and the only lighting will be on the building with some low landscape lighting at the entrance to the building for safety We may have one small 24 x 18 sign at the building, nothing at the street. My intension has always been to maintain a residential feel to the property. Thank -you very much Douglas Mochrie March 11, 2003 Douglas Mochrie Capital Construction, LLC 241 County Road 167 Glenwood Springs, CO 81601 Garfield County BUILDING & PLANNING DEPARTMENT RE: Special Use Permit for material storage / warehouse / office space Dear Mr. Mochrie: Thank you for the valid development application submitted to this office on February 28, 2003. The purpose of this letter is to notify you that the application has been deemed technically non-compliant for the following reasons: 1. In accordance to Item 1 under section I of the application, please provide more detail on the types of daily deliveries of product to the site. How many deliveries are made daily? What type of vehicles provides deliveries, i.e. UPS, FedEx or semi -trucks? Will customers visit the site? If so, how many customer visits are anticipated per day, week or month? In addition, please provide more detail with respect to the proposed 5,000 s.f. office and 7,000 s.f. warehouse spaces. Floor plans for both spaces should be provided. Will the 5,000 s.f. office space only be used for three employees? Are other uses anticipated in the future for this large office space? Please indicate how parking will be accommodated on site for employees, potential customers and for the six company trucks. 2. In accordance to Item 2 under Section I of the application, please provide a copy of the well permit. Please note that due to the type of use proposed, the type of well permit that was issued by the Colorado Division of Water Resources for the subject property may need to be changed since a commercial operation is proposed on site. The Division of Water Resources shall be contacted to verify whether a change in use, residential to commercial, on the site will constitute a change in status of the existing well permit. 3. In accordance to Item 3 under Section I of the application, the site plan / map submitted with the application shall delineate existing and all proposed structures on the property, as well as proposed new driveways. The improvements survey that was submitted with the application only delineates an existing log house and a steel shed. According to the written text, it appears that there are two residential dwelling units, existing corral, an existing well house, and two existing sheds. All existing and proposed structures on the property should be represented on the site plan / map. In addition, please provide information and documentation with respect to the two existing residential dwelling units on the subject property. According to the improvements survey, dated April 8, 1983, submitted with the application, only one residential structure is delineated. There is no record in the Building and Planning Office that building permits were issued for the residential units. An explanation with respect to legality of the structures shall be provided. 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 Mochrie Page 2 4. In accordance to Item 4 under Section I of the application, a vicinity map showing slope / topography of the subject property shall be submitted. A U.S.G.S 1:24,000 scale quadrangle map will suffice. Two 81/4 X 11 maps have been provided in the application. However, it is unclear as to there source and the scale of these maps. 5. In accordance to Item 5 under Section I of the application, a copy of the appropriate portion of the Garfield County Assessor's Map showing all mineral rights owners and public and private landowners shall be submitted. 6. In accordance to Item 8 of the application, subsection 2 and 3 should be further addressed. Please indicated whether any street / driveway improvements are anticipated to accommodate traffic volume generated by the propose use for safe and convenient access to the property. Landscaping is anticipated along Cattle Creek Road. A landscaping plan should be provided. Will the proposed landscaping minimize the impacts on and from adjacent uses? In addition, please provide additional information regarding lighting and signs. Are fences anticipated? Once the items listed above have been submitted, the application may proceed through the review process. Please do not hesitate to contact me in the event you have any questions. Tamara Pregl Senior Planner �k1STlt�iC-s coN.Dc'f-tot1 S AS F APRIL. ZCo zoo 3 102 605 C ASE CREEK ROAD 1'1-117 L J EXISTING RESIDENCES PROPOSED DRIVEWAY CA HEPWORTH-PAWLAK GEOTECHNICAL, INC. EXISTING SHEDS (TYPICAL) • BORING 1 EXISTING WELL HOUSE PROPOSED BUILDING EXIST1NGI BORING 2 SHED APPROXIMATE SCALE 1" 80' LOCATION OF EXPLORATORY BORINGS Fig. 1 V7Q o P os A -N D sA-p M o 13E S1 x F ET -T TALL RL AN S w r 1 N As -T L 2 AsS C ATE CREEK ROAD APPROXIMATE SCALE 1"=80' j� L � EXISTING ✓ RESIDENCES ww- PROPOSED DRIVEWAY EXISTING SHEDS (TYPICAL) • BORING 1 E x\ sTi k1 G EXISTING WELL HOUSE 1 EXISTING CORRAL PROPOSED BUILDING EXISTING SHED CA77ZE CREEK 102 605 HEPWORTH-PAWLAK GEOTECHNICAL, INC. LOCATION OF EXPLORATORY BORINGS Fig. 1 P R.o FOSE P, K I\ & P R-1) , b or To SE G -H P ANI EA -4- CAME CRE -K RO p,D �j EXISTING CSIDENCES `-J Pte,oPosED F.MPLoyEE. PfiOPOSED /7 - DRIVEWAY CA APPROXIMATE SCALE 1" - 80' P^R.Kk tvC_ Ex1�Y1 n C11-cDS E 102 605 HEPWORTH—PAWLAK GEOTECHNICAL, INC. LOCATION OF EXPLORATORY BORINGS Fig. 1 6 © e 0 V IN do AlIV--S P \3 -HS 33/\`CZ S3 n—l3NS tA 6 2 2 4A 2 w 0 A 0 lj 9 LJ Lj 0 A &-f 1 I g jOLs -79k/z).a_L5 :39 V ?2 CLL. S S--1 00 en 8 ivoz/‘ 0 ivsY L 0 C7 0 N • Lu P1 MF GRADS 11. F LL • i 1 • k) uI J -p S.�IV3 44:26F11 Far -'-IaIYISIL Of ,ITER RESt:tq`[ S 343E6622Z3 T-724 P_02/42 F-741 'oras C Rev. -nil OM ZT.A' ; OF COLMMADO MAY 14 APPIACATIO FOR: 1 A PERMIT TO USE GROUND WATER A PR MIT TO CONSTRUCT A WUI4 MOW WENno COLOPADO APPileant!i MAT OF . W>e.L p. o. Addreee Quantity apltli 4 d, t pm or AP Rtorage lota Tacreage irrigated an a er EtramAnr, DATA OI WELT. dole eize:* ice. to4Ji. tsi. to„ . _ . io from to it. from to Ir4m to %cutlet caning plain in. in. Open or Peri. �i In. PUMP DATA: Type_Ii- Use initiation date, ,,�,,b9 IUsa Si :plemental pa�.es �tione1 THIS PLICATION •P RClil 1� �' PERMIT NO. 19748 DATE MAY 14 1964_ ts�� Sfb w m 47 Count / i - of ofX tof Sect. J , rge. _ i P. M. eae or. !ol '-Ovn—i c 7' t ti ou .Fr Locate well In 40 acre (email equs.re an near as p36ible. Large equate is one sectlota, S25.011 fee required for nevi other than DonmAtio or Ltvonfii Applicant Agora o Drille Addrea ItiT `g SATISFAcTogY COMPLETION REQUIRED II D FOR APT • OPAL OP APPLICATION 1,ti LL 4-ketilive):30 FFR /iv? GAR,,„bc CAPITAL -pU/LDING 4NNING CONSTRUCTION L.L.C. REQUEST FOR SPECIAL USE PERMIT FEBRUARY 24 2003 GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com Special Use Permit GENERAL INFORMATION (To be completed by the applicant.) ➢ Street Address / General Location of Property: Q5 G CoC-nU N -t- \) g oA- 0 3 C..4 'R.it\i"D ALE_ co- a 1 (t 2. 3 > Legal Description: le m —&8 - J (Ni LOT 5 ➢ Existing Use & Size of Property in acres: EMI L )soZ A -G E..-/.3 AGtES > Description of Special Use Requested: Kik) ALS R.k6 E.. WA - SSE - ?AR V E eGLEs — O E F \c-f-- CLZone ZoneDistrict: A- R K ➢ Name of Property Owner (Applicant): ,A))1A-... CONS VG it % LL C ➢ Address: 291 Cov wry k@ Iv/ Telephone: SBLI " 1'12.O ➢ City - gyp W.) oOD S,t - State: CO - Zip Code:631 BOO d FAX:q 45-) 1 l 2-- ➢ Name of Owner's Representative, if any (Attorney, Planner, etc): DO06LAS IN6 OC,4-1 ,1 E. ➢ Address: 2S5 CV K1I'f tosA> I tOr? Telephone: 3g9- 112.D ➢ City:a OV S.S. State:. s Zip Code:81bO1 FAX:C 4I an, STAFF USE ONLY ➢ Doc. No.: Date Submitted: ➢ Planner: Hearing Date: TC Date: APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Please submit, in narrative form, the nature and character of the Special Use requested. (T) Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 2. r% 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all 0 existing and ropose structures on the property, and the County or State roadways within one (1) mile of our property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all mineral rights owners of the subject property and public and private landowners adjacent to your property (which should be delineated). In additional, submit a list of all property owners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. \ 6. Submit a copy of the deed and a legal description of the subject property. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 8. Submit an statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; 9. Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.08], Accessory Dwelling Units [section 5.03.21], Utility Zine/Utility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at htto://www.garfield-countv.com/building and planning/index.htm, or information can be obtained from this office 10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 11. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS (The following steps outline how the Special Use Permit Application review process works in Garfield County.) 1. Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. In addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Special Use. (If Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed special use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of Tots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements above and have provided the required attached information ' h is cor and accurate e best of my knowledge. na re of applicant/owner) Last Revised: 11/07/2002 CCAPITAL CONSTRUCTION CUSTOM HOME BUILDERS L.L.C. 970-945=2-5'4 0241 County Road 167 FAX 945-1412 Glenwood Springs, CO 80601 To Garfield County Building and Planning Department, Capital Construction L.L.C. the parent company of Precision Mechanical Inc. would like to utilize the property at 0566 County Road 113 in Carbondale predominately for storage of the numerous components required to operate our business. These items include pipes, fittings and an assortment of plumbing fixtures that require an enclosed and conditioned space. We have been in business in the Aspen area for over twenty years and have established a reputation for being very organized, clean and professional. We currently occupy a rental space adjacent to Highway 82 at the County Road 154 stop light from Rudd Construction. We use approximately 7000 square feet of interior space with parking for our six G.M.C. 4x4 -plumbing vehicles. Our desire is to construct a building with 7000 square feet of warehouse space below grade and 5000 square feet of future office space above. The six trucks would be parked on the lower level not within site of County Road 113. Our operating hours are 6.30 tpa CAPITAL CONSTRUCTION CUSTOM HOME BUILDERS L.L.C. 970-94544 0241 County Road 167 FAX 945-1412 Glenwood Springs, CO 80601 A.M. through 5.00 P.M. Monday through Thursday. We have virtually no retail traffic. Deliveries are made from Denver on Tuesday and Thursday at 10.00 A.M. We propose to completely finish the exterior of the building including all the landscaping by December 01 2003 and to finish the interior office space in 2004. The office personnel would consist of myself, my wife Patti and one office assistant. We would arrive at 7.00 A.M. and depart at 4.30 P.M. daily. Our water will be supplied by an existing well and the waste treatment will be utilizing a relatively new existing septic system. The property has two small residences on site. (Approximately 1200 square feet each). We hope to use these as employee housing. Permanent electric service is currently supplied to the property and plans to remove the poles and bury the service underground are anticipated. We propose to reconfigure the property by creating a berm at the Cattle Creek road with plantings of natural grasses C CAPITAL CONSTRUCTION CUSTOM HOME BUILDERS L.L.C. 970-944 0241 County Road 167 FAX 945-1412 Glenwood Springs, CO 80601 and using a Zeroscape landscape for the remainder of the property. The building will all be designed with a residential flair using natural finishes such as rusty metal roofing, rough sawn beams, porches, split rail fencing and neutral colors for the siding. The property has had a soil test completed by H.P.Geotech to establish the integrity of the soil for erecting and supporting the building and the drive and parking areas. We do not anticipate our business increasing in size. We have produced the same volume for some years now and are comfortable where we are in the construction market. Our motivation is to get out from under the high rents and utilities, which continue to increase. Thank -you very much for your consideration. Douglas Mochrie Gtech Hepwortn-Pawlak Geotechnical, Inc. 5020 County Road 154 Glenwood Springs, Colorado 81601 Phone: 970-945-7988 Fax: 970-945-8454 hpgeo@hpgeotech.com SUBSOIL STUDY FOR FOUNDATION DESIGN PROPOSED COMMERCIAL BUILDING 0566 COUNTY ROAD 113 GARFIELD COUNTY, COLORADO JOB NO. 102 605 SEPTEMBER 27, 2002 PREPARED FOR: CAPITAL CONSTRUCTION C/O PRECISION MECHANICAL ATTN: DOUG MOCHRIE 241 COUNTY ROAD 167 GLENWOOD SPRINGS, COLORADO 81601 HEPWORTH - PAWLAK GEOTECHNICAL, INC. September 27, 2002 Capital Construction c/o Precision Mechanical Attn: Doug Mochrie 241 County Road 167 Glenwood Springs, Colorado 81601 Job No. 102 605 Subject: Report Transmittal, Subsoil Study for Foundation Design, Proposed Commercial Building, 0566 County Road 113, Garfield County, Colorado Dear Mr. Mochrie: As requested, we have conducted a subsoil study for the proposed commercial building at the subject site. Subsurfaceconditions encountered in the exploratory borings drilled at the site consist of 71/2 to 38 feet of medium stiff sandy clay overlying relatively dense silty sandy gravel. Groundwater was encountered in Boring 2 at about 5 feet below the ground surface at the time of drilling. The proposed commercial building can be founded on spread footings placed on the natural subsoils and designed for an allowable bearing pressure of 1,500 psf. An alternative would be to overexcavate to the sandy gravel and re-establish the footing grade with granular structural fill. Footings placed on the structural fill can be designed to impose a maximum bearing pressure of 3,000 psf. The report which follows describes our exploration, summarizes our findings, and presents our recommendations. It is important that we provide consultation during design, and field services during construction to review and monitor the implementation of the geotechnical recommendations. If you have any questions regarding this report, please contact us. Sincerely, HEPWO TH - PAWLAK Gyp -TECHNICAL, INC. Louis E. Eller Rev. by: DEH LEE/ksw C ATILE. CREEK ROAD � 1 1--.::D EXISTING RESIDENCES ti -0-..---- , CA rTLEECR EK APPROXIMATE SCALE 1 80' 102 605 HEPWORTH-PAWLAK GEOTECHNICAL, INC. LOCATION OF EXPLORATORY BORINGS Fig. 1 WARRANTY DEED THIS DEED Made this lot day of November , 2002 ,between CATHERINE ANNE VINING of the said County of GARPIELD and Slate of COLORADO , grantor, and CAPITAL CONSTRUCTION LLC, A COLORADO LIMITED LIABILITY COMPANY whose legal address is 0241 COUNTY ROAD 167 GLENWOOD SPRINGS, CO 81601 of the said County of GARFIELD and State of COLORADO , grantee: OF IMO WITNESSETH, That the grantor for and in consideration of the sum of Ten dollars and other good and valuable consideration DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, sihmte, lying and being in the said County of GARFIELD and State of Colorado described as follows: SEE EXHIBIT "A" also known by street and number as: 0566 COUNTY ROAD 113, CARBONDALE, CO 81623 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand what- . soever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the coaling and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except easements, restrictions, reservations and rights of way of record, or situate and in use, and real property taxes for the year 2002, not yet due or payable. The grantor shall and will WARRANTY AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above, CATHERINE .N State of COLORADO ss: County of GARPIELD The foregoing instrument was acknowledged before me this 2 8th day of by CATHERINE ANNE VINING My commission expires October , 2002 , MARY L. CARMICHAEL MY COMMISSION EXPIRES 5.22-2005 Fite No. 020011/1 Stewart Tin. of Glenwood Springs, Inc. Na. 932A WARRANTY DEED (For Photographic Record) (Y932ANEW) Rev. 1199 fd yr 44 &NSfrUC ') Rd /,7 Sppr{ogrt S/ 91 / Our Order No. GW239517 LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN LOT 5 OF SECTION 17, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GRAFIELD COUNTY, COLORADO, LYING SOUTHERLY OF AND ADJACENT TO THE SOUTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 113 AS CONSTRUCTED AND IN PLACE AND BEING MORE PARTICLARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD NO. 113 WITH A FENCE AS CONSTRUCTED AND IN PLACE WHENCE A BRASS CAP FOUND IN PLACE AND PROPERTLY MARKED FOR THE NORTHWEST CORNER OF SAID SECTION 17 BEARS N 38 DEGREES 15' 56" W 602.58 FEET; THENCE S 41 DEGREES 17' 26" W 325.41 FEET ALONG SAID FENCE TO A FENCE CORNER; THENCE S 52 DEGREES 28' 39" E 366.41 FEET ALONG A FENCE TO A FENCE CORNER; THENCE N 34 DEGREES 25' 39" E 414.18 FEET ALONG A FENCE TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD NO. 113; THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD NO. 113 ON THE FOLLOWING COURSES: N 69 DEGREES 12' 37" W 192.83 FEET; THENCE 142.04 FEET ALONG THE ARC OF A 1293.49 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS N 66 DEGREES 03' 42" W 141.97 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO Form No. GWS -II 03/02 STATE OF COLORADO OFFICE OF THE STATE ENGINEER 818 Centennial Bldg„ 1313 Sherman St., Denver, CO 80203 (303) 866-3581 Fax (303) 866-3589 CHANGE IN OWNERSHIP/ADDRESS CORRECTION OF THE WELL LOCATION Insert the Well Permit Number icrm Name, address and phone of the person clai Imine ownership of the well: NAME(S) vA (i'Ik IaVJ}�IJVC- Mailing Address 0.5- (Pt? Cr+ .17 (,1, (R'Z r* 0_,-4 61_1/ 13) City, St. Zip —i`i16,_E I tl Z�_ _-- Phone (C-/° ) 5'2-12, For Office Use Only RECEIVE SEP 19 '02 )�a�f€ scx:r,L If your well has an absolute water right, decreed by the court and the well is not registered with the State Engineer, enter the Water Court Case Number / Civil Action Number and well number as decreed. This form is filed by the named individual/entity claiming that they are the owner of the well permitted as referenced above. This filing is made pursuant to C.R.S. 37-90-143. WELL LOCATION: County �}}!I (�I�t1_ Owner's Well Designation V 1 N f/1 M'k Chrtfi,LrI3_Llle430th_+ L SI ,3 OOiiE:511(> (Address) - (City ) +k1/0 1/44 of theA 1/4, Sec. 17_, Twp, _ 1 N. or (State) (Zip) S., Range _g1 _ E. or W., LA. P.M. Distance from Section Lines 4549/0 • Ft. From N. or ET S. /MO__ Ft. From .4 E. or 1 I W. Line. I Subdivision Name Lot , Block , Filin /Unit , The above listed owner(s) say(s) that he, she (they) own the well described herein. The existing record is being amended for the following reasons: l!` Change in name of owner ,� Change in mailing address Correction of location for exempt wells permitted prior to May 8, 1972 and non-exempt wellsllermitted before ay 17, 1965. Please see the reverse side for further information regarding correction of the well location. I (we) claim and say that I (we) (are) the owner(s) of the well described above and that the commencement of extraction of ground water from this well, lawfully made under the well permit, occurred on the date indicated, and that the statements made herein are true to my (our) knowledge. Please print the Signer's Name & Title �>k l rJG t/f1\1IN67 Qwr�n� Signature(s) of the new owner Itis the responsibility of the new owner of th' well to com original letter of a State En Date ete and sign �i orm. S . -tures of agents are acceptable if an For Office Use Only v E A—P-PLA F -o 2. t-,l-fv6 o - 6 tJ p/ P ©N w L . 1" }IS ►S � 12 r: M o us O W/ (,-2 S P yr) t T 13)0 Q co 00 fea Rive, cr o ,;P OD, �o- b • • N'• 6ttatp 4iC1B'1 0> w ° 4 • ..a a 0 1 DELTA CO " `" __'`• •M. GUNNISDN'C0 _v'� 4 z o m OI • it Z1 lad: � psi � . _ r 21 ) cp. \�?.. D. ro -,,,,c-11,-2%1.--;,:,t.:4''''1`;:'' '►,co-f,. .,, . ,� a. 1 Y n co Orp 'a It 0 r} q 0 x. 1 a k,. a co Lu4 .0 1) -,k. ' us -14 NGn e1)2 o • GARFIELD CO EAGL' O Co (`l lc" � � T Y • C 1 i • ,1N • € GARf f ROUT Ti'i--Y 4'^ ✓ Dlr/de !r i. re. ‘if t • • / !� • r -J� �� \�y• ,V tk irirf�IS ` 1 /' tin. If1• I1. 1(`'S1,•. ,I.,.1..1!.\i. t I r t rJ 1l/ / r i '._.,----11 ) / - 1'4 .1 . '• Q B r •'/ , r '3:-:::::::....1 '1 i ) \ `•� yC -JiiI 11 If. ,_..,,,.._____-_-----__/).„......., � U arA ;� III I � • f � V y- 8 tn,aa �u r 9C((r; 1 ;' �1 l •` 4E4/e J dY.om. i p s tri h ° .n gg a6ed uo anuiauo3 allt,le,is� + .6PM 'h 0� _ —.... _ r• 2i 36ed uo anuituo3 CO NUM, • 1 CCAPITAL CONSTRUCTION CUSTOM HOME BUDLDERS L.L.C. 970-94-5-2544 '.-/-7j'‘'1-17"C' 0241 County Road 167 FAX 945-1412 Glenwood Springs, CO 80601 Neighbors directly adjacent to 0566 County Road 113 owned by Capital Construction L.L.C. 1. William Alan Morris 2. Fred Secovic 3. Kimberly Barta 4. Paul Pine 5. Wayne Rudd 6. Steve Dawson Catherine Yetz 0484 Co. Rd. 113 945-8812 P.O. Box 942 Glenwood Springs Co. 81602-0942 # 222 -RC 0617 Co. Rd. 113 384-2512 Carbondale Co. 81623-9608 # 225-R 0589 Co. Rd. 113 947-9492 P.O. Box 953 Carbondale Co. 81623-0953 # 227-R 0622 Co. Rd. 113 3 P Properties L.L.C. 38 South Oak Way Glenwood Springs Co. 81601 #310C 945-2940 0132 Park Ave. 927-9119 Basalt Co. 81621-9338 Rudd L.L.C. # 359 3321 Deluna Drive Rancho Palos Verdes Ca. 90275-6216 # 311 R