HomeMy WebLinkAbout1.0 Applicationo o
GARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, Colorado 81601
Telephone: 970. 945. 8212 F acsimile: 970. 38 4.347 O
www. qarfield-county. com
Special Use Permit
GENERAL INFORMATION
(To be completed by the applicant )
) Street Address / Generat Location of Property:OSg? G. Rd // 3 , CPPToX .
Existing Use & Size of Property in acres:
Description of Special Use Requested:
"c-k"d
F Zone District. 'i'e/ Q.D
Name of Propertv Owner (Applicant): Sc"t Fe
Address: /-?6? UqlJ b..
> City:C^rAo.,dole State: CO Zip Code: 8tffS FAX: done.
> Name of owner's Representative, if anv (Attorney, Planner, etc)'
) City:Cq r6r^d.ln
h^,rls forro. - Wefir.. S/of< Co.,sd#,g
i Address: 016 5 8*s^/f Af. D". TElephone.?2o'2gz-7t7>
state: CO Zip code: SZge3 rex:?7o'%3jz'
rerephone 9Yo-?69- ?as I
F Doc. No.:
) Flanner.
STAFF USE Ot,lLY
Date Submitted: TC Date:
Hearing Date:
) Legal Description.
Asaminimum,specificallyrespondtoallthe@achanyadditionalinformationto
be submitted with this application:
1. Please submit, in narrative form, the nature and character of the Special Use requested'
Submit plans and supporting lntormltion-li=. 'l"tt"tt from responsible agencies)' lnclude
specifications for the proposed use .in"rraing, but not limited to, the hours of operation' the
number and type of vehicles rc"e.sing'in" Jii" on a daily, weekly and/or monthly basis' and
the size and location of any existing
"n-d/ol.
proposed structures that will be used in conjunction
with the proposed use, and provisions for eieciric power service and any other proposed utility
improvements. Be sPeciflc.
2. lf you will be using water or will be treating wastewater in conjunction with the proposed use'
please detail the Jmount of water ty,ri*ou'iO be used and the iype of wastew-ater treatment' lf
you will be utilizinj well water, ptease altich a copy of the appropriate well permit and any
other legalwater supply information, in"fuaing " *riul" allotment contract or an approved water
augmentation plan io demonstrate that yo, "hru" legal and adequate water for the proposed
use.
3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all
existing and proposed structures on thl ptofjerty, and the County or State roadways within one
(1) mile of your property. lf you are.proposing a new or expanded access onto a county or
btate 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'
1:24,0O0 scale quadrangle map will suffice'
5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all
mineral rights owner" oi it',u'suUlect-pioperty and p..ublic and private landowners adjacent to
Vo* proplrt, (wnicfr should be d-elineated).
-ln
additional, submit a list of all property owners
and their addresses adjacent to or w'rthin )OO n. of the site' This information can be obtained
from the Assessor's Office'
6.Submitacopyofthedeedandalegaldescriptionofthesubjectpropefty.
7. lf you are acting as an agent for the property owner., you must attach an acknowledgement
from the prop"rt! owner thit 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 approV"J UV the Boaro of Couhty Commissioners shall either
be in place or shall be constructed in conjunction with the proposed use'
(Z) 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
, lf'rtt be constructed in conjunction with the proposed use;
(3) Design of the proposed use is organiTed to minimize impact on and from adjacent
uses of land through installation of scree-n fehces 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 is to protect established neighborhood character;
o
1.
2.
g. 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 &
b.Og.Ogl, Acceisory-Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific
sectioni of the Zoning Resolution which can be located on the Garfield County web site at
http://www.garfield-county.com/buildinq and planninq/index.htm, or information can be
obtained from this office
1O.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 followins steps outline how the
%]ft310r3?I;il',
Application review process works in
Submit this completed application form, base fee, and all supplemental information to the
Garfield County Planning Department. lt will be received and given to a Staff Planner who
will review the application for technical completeness.
Once the application is deemed technically complete, the Staff Planner will send you a
letter indicating the application is complete. ln 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. (lf Staff determines you application to be deficient,
a ietter will be sent to you indicating that additional information is needed to deem your
application complete.)
It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the
requested Special Use and the public hearing. lf proper notice has not occurred, the
public hearing will not occur. Notice requirements are as follows:
a. Notice by publication, including the name of tl're applidant, 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
lots 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.
3.
which is correct and accurEte to
4.
5.
c. The site shall be posted such that the notice is.clearly and-conspicuously visible
from a pubtic right-of-way, with ";ti; ,ign. provided Uy tfre Planning Department'
The posting must take place d i;;;i tni"rt, ('gO) but noi more than sixty (60) days
prior to the hearing date and i= tfiiof! iesponsibility of the applicant to post the
notice, ano ensureit,,rt it 1.emainr'p-orllJ rnt'i and during the date of the hearing'
The Applicant is required to appear before the Board of county commissioners at the time
and date of the pubric hearing at which iir" ,.'u Board will consider the request' ln addition'
the Applicant shall pi""iO" priot, at the hearing, that proper notice was provided'
once the Board makes a decision regarding the special..Use request, Staff will provide the
Applicant with a signed resolution ,"roii,liiing ti'l" action taken by the Board' Following
the Board,s approval, this office witt issie the 5pecial Use Permit io the applicant' lf the
Board's approval includes specific "or',altlon"
of approval to be met' this office will not issue
the official special u"" p"irit certificate ,ntir tn" applicant has satisfied all conditions of
approval. The speciat use permit rppiorJ'lr notfinalized until this office has issued the
official Special Use Permit certificate ;,;;;'uy ttre Chairman of the Board of County
Commissioners.
lhavereadthestatementsaboveandllavePlo]ided,!!3reouiredattachedinformation
which is correct and accurEte lo lh9,&5t -oW knowleoge' , I / ,*ry
///-l<-*-------'-., "5-(./ {,'
:ilsignature of aPPlicanUowner)Last Revis5d'. 1 I 107 l2oo2
GARFIELD COUNTY BUILDING AND PLANNING DBPAITTMBNT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COLINTY (hereinafter COLINTY) and
(hereinafter APPLICANT) agree as follows:
l. APPLICANT has submitted to COLINTY
2. APPLICANT understands and agrees that Garf-reld County Resolution No. 98-09, as amended,
establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the
administration of the fee structure.
3. APPLICANT and CouNTy agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent o1' the costs involved in processing the
application. AppLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to
thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional
payments upon notification by the COLINTY when they are necessary as costs are incurred'
4. .fhe 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. lf actual recorded costs
exceed the initial Base Fee, AppLICANT shall puy uaditional billings to couNTY to reimburse the coI-rNTY
for the processing of the PRoJECT mentioned ubor". APPLICANi acknowledges that all billing shall be paid
prior to the final consideration by the couNTY of any land use permit, zonilrg amendment, or subdivision plan'
oatez lt/?fo't'
Sc;tl It",sd"-
Print Name
an application for
-(hereinafler.
THE PROJECT).
APPLICANT
Signature
Mailing Address:
1012004
Pagc 4
Scott tenske
Special Use Permit APPlication
fu.u"1:
f
-
*o' !' o zoo4
Attachments.
1. Site plan.
2. Well permit.
3. Warranty deed & legal description.
4. Authorization letter for Western Slope Consulting.
5. Special use permit application form.
Page - 2
Suhmined by:
Westem Slope Consulting
ApplicationtoBoardofCountyCommissionersofGarfieldCounty,Colorado
For
Legal DescriPtion:
All the portion of Lot 5, Section 17, andof Lot l, Section 18, Township 7 South' Range 88 West of
the 6th PM, describ"a * f ying northerly of Couniy Road # 1 13 westerly of the west line of Lot 4'
Section lT,andsoutheilytf itir"describedasbeginningatapoint 151'80feetwestofthe
Northwest corner of section 17;
thence S. 6l degrees 02'00" E. 935.78 feet to the west line of Lot 4, Section 17'
COLTNTY OF GARFIELD, STATE OF COLORADO.
Submiued bY:
Westem SloPe Consulting
Special Use Permit
Neme of PronertY Owner & APPlicant:Scott Fenske
1269 Wald Dr.
Carbondale
Colorado
81601
970-963-9251
0589 CountY Rd. 113
I same
I oauis Farrar - Western Slope Consulting -
I Planner
I o ros Basalt Mt. Drive
I
I Carbondale
I Colorado
I
I 81623
I
I wo-goz-ttlz
I| 970-963-7172
I *..onsul!i rg(@srptis.ngl
Owners Mailing Address
Citv:
State:
ZIP:
Telephone:
Property Address:
I Mineral Rights Ow'ner:
Name of Owner's Representative, If Any
(Planner, AttorneY, Etc.):
Address:
City:
State:
ZIP;
Telephone:
Fax:
Email:
0589 County Rd. 113. The property is located
approximatily 0.5 miles east of the intersection
oicounty Rd. 113 and State Hwy' 82 on the
south side of County Rd. 1 13 north of and
adjacent to Cattle Creek.
Street Address/General Location of
Property:
Existing Use - Single-family Residential Unit'Existing Use:
1.67 Acres
Agricultural/Residential/Rural Density (A/RJRD)
Size of PropertY in Acres:
Properfy's Current Zone District
Designation:
Page
Property's Current Comprehensive
Plan Designation:Medium Density Residential
Property's "Study Area"
Designation:Study Area 1
Application Request - Nature and Character:
Pursuant to Sections: 5:03, 5:03:07, 5:03.08 and 9:03 of the Garfield County Zoning Resolution of
1978, Mr. Scott Fenske the owner is requesting a Special Use Permit for storage of construction
equipment (not heavy equipment), tools and materials.
Storage on the property will be inside the existing building. The exterior appearance of the
property will remain residential in character. Delivery of materials to the site will average two
trucks per week.
Hours of operation will be between 6:30 AM and 5:30 PM Monday through Friday.
Typically, work crews will load vehicles in the morning, depart for work sites and return to the site
around 5:30 PM to unload tools, equipment and/or materials as necessary. Occasionally, there will
be visits to the storage building during the day to pick up materials, but generally, the property is
vacant during the day.
Building.
There is an existing 3,363 square-foot storage building on site. Pictures of the building are
included in this application. Access to the structure is through two garage-bay doors east and west
ends of the building. The building is located on and a bench elevated above the north side of
County Rd. 113. The elevated site helps to minimize visibility from the County Road.
Submiued by:
Western Slope Consulting
Page - 4
c)
rfr
g)
Utilities.
The storage building will not require any additional water, telephone, sewer, electric or gas service
to the properfy. These utilities already exist on the property in the proposed use will not create any
additional service demand.
Access.
There is an existing paved looped driveway to the residential structure and there is a paved access
to the storage building. This application includes pictures of the existing property access. The
attached site plan shows a driveway connection to County Rd. 113. This design facilitates site
access for firefighting apparatus and easy vehicular entry/exit. The primary driveway and turn
around are paved.
Design to Minimize Impact on andfrom Adiacent Properties.
As was previously mentioned, the storage building is located on a bench elevated above the north
side of County Rd. 113. This location minimizes visibility from the County Rd. on the We$. The
existing residential unit and existing landscaping on the property helps to obscure the storage
building from view.
There will be no retail traffic at the site. Deliveries are proposed to be made to the site on an
average of two times per week. There will be no semi-truck deliveries to the property.
Exterior lighting will consist of downcast motion activated light fixtures. Light fixtures will be
downcast and not directed off the property.
No signs are proposed for the use.
Hours of operation will be from 6:30 A.M. to 5:30 P.M. Monday through Friday.
The proposed use willnot result in generation of dust, noise, odor or glare and alloperations will
comply with applicable State and Federal regulations pertaining to noise, water and air quality.
Impact Statement In Codormonce with Section 5.03.07 Of the Garlield County Zoning
Resolution.
(A) Exkting lawful use of water through depletion or pollution of surfoce runoff, streamJlow or
groundwater.
Response. There will be no impact to surface, stream flow or groundwater supplies from the
proposed use. All storage will be confined to the interior of the existing building. The proposed
use does not involve use of or demand for water. The proposed use will not involve use of
chemicals or materials that will pollute surface or groundwater sources on or adjacent to the
property.
(8.) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, layer or
vibration, or other emanations.
Response. The proposed use will not result in the generation of vapor, glare, vibration, or other
emanations that impact adjacent land, all storage will be contained within the existing structure.
(C) Impacts on wildlde and domestic animals through the creation of hazordous ottractions,
alteration of existing nutive vegetation, blockade of migration routes, use patterns or other
disruptions.
Response. The property provides liule or no habitat for wildlife. The proposed storage use will
not create any adverse impacts to wildlife through hazardous attractiong alteration of existing
native vegetation, location of migration routes or use patterns that will disrupt or create a negative
impact on wildlife.
Suhmitted b!:
Western Slope Consulting
Page - 5
(D.) Affirmatively show the impacts of truck an automobile traffic to andfrom such uses and
their impacts in the County.
Response. Vehicle trip generation to and from the site will be comparable to a typical single-
family residence and willbe in the range of 9 to 12 vehicle trips per day. It is proposed that there
will be an average of two delivery vehicles per week delivering materials to the storage building.
No retail traffic will be allowed at the site. Peak traffic will occur in the early morning and evening
hours. Site traffic during the day will be minimal. The proposed use will minimally add to the
existing vehicle traffic on County Rd. I 13. The applicant will comply with the requirements of the
Garfield County Road and Bridge Department regarding access and roadway improvements. The
proposed use should not adversely impact County Rd. I 13 or the surrounding area.
(E) That sufficient distances shall separate such usefrom abutting property, which might
otherwise be damaged by operations of the proposed use(s).
Response. The proposed use is adjoined on the west by vacant steep hillside on the north side of
County Rd. I 13. The area south of County Rd. 1 13 from Highway 82 to Pine's Stone on the east is
occupied by commercial and industrial land uses. Approximately 600 feet east of the subject
property is a residential structure. The existing commercial/industrial uses south of County Rd.
113 are considerably more impacting uses than the proposed interior storage. The proposed storage
use will be a minimum impact on the neighborhood.
(F.) Mitigation measurcs proposed for all of the foregoing impacts identiJied and for the
standards identified in Section 5.A3.08 of this Resolution.
Response. Mitigation measures are not required for the proposed inside storage use.
Plan for s ite re h ab il itat io n.
The proposed special use is requested to run with the land in perpetuity. Removal of the storage or
residential structure is not proposed or anticipated. The applicant does not anticipate a need for site
rehabilitation now or in the future.
The Counly Commissioners may require securifit before a permitfor special or conditional use is
issued, d required. The applicant shall furnish evidence of a bank commitment of credit, bond,
certi/ied check or other securift deemed acceptable by the County Commissioners in the amount
calculated by the County Commissioners to secure the execution of the site rehabilitation plan in
workmanlike manner and in accordance with the specifications and construction schedule
established or approved by the County Commissioners. Such commitments, bonds or check shall
be payuble to and held by the County Commissioners.
Response. The applicant does not anticipate the need for security.
Section 5.03.08 (Industrial Performance Standards) :
Pursuant to Section 5.03.08 of the Zoning Resolution, all Industrial Operations in the County
shall comply with applicable County, State ond Federal regulations regulating water, air und
noise pollution and shall not he conducted in a manner constituting a public nuisance or hazard
operations shall be conducted in u manner ss to minimize heat, dust, smoke, vibration, glare and
odor and all other undesirable environmental effects beyond the boundaries of the property in
which such uses are located, in accord with the following standards:
(I) Volume of soand generated shall comply with the standards setforth in the Colorado Revised
Statutes ut the time any new application is made.
Response. Other than the sound of vehicle travel, no sound will emanate from the site. All
proposed operations within the site shall comply with the maximum standards established in the
cRS 25-12-103.
Submitte.l by:
Westem Slope Consulting
Page - 6
(2) Vibration generated: every use shall be so operated that the ground vibration and inherently
and recurrently generatecl is not perceptible, without instruments, at any point of any boundory
line of the properU, on which the use is located.
Response. No vibration is associated with the proposed use. The use will be confined to the
interior of the structure.
(3) Emissions of smoke ond particulate matter: every use shull be operated so as to comply with
all Federal, State and County air-quality laws, regulations and standards.
Response. No emissions of smoke and particulate matter are associated with the proposed use.
(4) Emission of heat, glare, radiation andfumes: every use shall be so operated that it does not
emit heat, glare, radiation or fumes which substantially interfere with the existing use of
adjoining propert! or which constitutes a public nuisance or hazard. Flaring of gases, aircraft
warning signals, re/lective paintilng of storage tanks, or other such operations, which may be
required by law as sufety or air pollution control meosures, shall be exemptedfrom this
provision.
Response. No emission of heat, glare, fumes or radiation is associated with the proposed use.
(5) Storage area, salvage yard, sanitary landlill and mineral waste disposal areas: (A) Storage of
Jlammable or explosive solids or gases shall be in accordance with accepted standards and laws
and shall comply with the national, State and localfire codes and written
recommendations/comments from the appropriate local protection district regarding compliance
with the appropriate codes.
Response. There willbe no storage of flammable, explosive solids or gases stored on site. The
applicant agrees to comply with recommendations from the Carbondale and Rural Fire Protection
District.
(8.) At the discretion of the County Commissioners, all outdoor storogefacilities may be
required to be enclosed by afenc'e, landscaping or wall adequate to conceal such facilities from
adjacent property.
Response. There will be no outdoor storage associated with the use. The storage building is only
partially visible from County Rd. 1 13 or the adjacent properties.
(C) No materials or wastes shall be deposited upon a property in such aform or manner that
they may be transferred offthe property by any reasonablyforeseeable naturul causes orforces.
Response. No materials or wastes are associated with the proposed use.
(8.) Storage of heavy equipment will only be allowed subject to (a) and (C.) above and the
following standards:
1. The minimum lot size is Jive ('5) acres and is not a platted subdivision.
2. The equipment storage area i,s not placed any closer than 300 feet from any existing
residential dwelling.
3. All eqaipment storage will be enclosed in an area with screening at least eight (8) feet in
height and obscuredfrom view ut the same elevation or lower. Screening may include berming,
landscaping, sight obscuring fencing or a combination of any of these methods.
4. Any repair and maintenance ,activity requiring the use of equipment that will generate noise,
odors or glare beyond the property boundaries will be conducted within a building or outdoors
during the hours of 8 a.ru to 6 p"m, Monday through Friday.
Page - 7
Submitted b!:
Western Slope Consulting
5. Loading and unloading of vehicles shall be conducted on private property and may not be
conducted on any public right-of-way.
Response. No storage of heavy equipment is proposed or anticipated'
(E) Any storage areafor uses not ensociatetl with natural resources shall not exceed ten (10)
acres in size. (A 97-112)
Response. All storage associated with the use will be with in the structure'
(F) Any tighting of storage orea shall be pointed downward und inward to the properfit center
ana siadia tu prevent direct reJlection on adiacent property (a 97-112),
Response. Site lighting will utilize motion activated downward and inward facing light fixtures'
The design and placement of the fixtures will minimize impact on adjoining properfy'
(6) lvater pollution: in a cuse in which potential hazards elst, it shatt be necessary to install
,iyrguorit designed to comply with the regulations of the Environmental Protection Agency
t"fi" operatioi of the facilities may begin. All percolation tests or groundwater resource tests
oi
^o1,
ie required by iocal or State Health ofJicers must be met before operation of the
facilities may begin.
Response. The proposed use will not have an impact to surface or groundwater supplies'
1993 Aerial PhotograPh of the Site
Submitted b!:
Westem SloPe Consulting
Page - 8
view (above) Nll of the entrance to the property showing the.,existing residential unit and
storage buirding in tie background. viir"[o"ii*r is thisouth.side of the existing residential
structure and the access ,oid to the storag)- iu,rting west of the existing residential unit'
Submitted bY:
Western SloPe Consulting
Page - 9
XSA:-,rj,l. l i: !lt:L::::l:t;::::::r::.rr r.il L i:l :l I
View (above and below) of the east garage door access to the storage building'
Submitted b!:
Western SloPe Consulting
Page - 10
i|; .
i
.n *.i. tst .n*
View of the west end of the storage building showing the access door.
View of the west end of the storage building from County Rd' I l3'
Submitte.l b,:
Western SloPe Consulting
Page - 11
: .^
'1'l:.r ';. ":
:'-
i1ii,:..;,...;1.r.i .r- "ulir:i.rr ' i
rrl: l'
Suhmitted b!:
Western Slope Consulting
View,(above) from the west end of the building to Highway 82 showing the Rudd
commercial/industrial properfy. View (below) directly south of the storage building showing
commercial/industrial property.
t
Page - 12
Views (above & below) showing commercial/industrial property directly south and east ofthe
subject site.
Submifred bt,:
Western SloPe Consulting
Page - 13
All Owners of Record Within 200 Feet of Subject Lot
(obtained from Garfield county Assessor's office records November 7.2004)
Submitte.l h!:
Westem SloPe Consulting
^SL
Zip Parcel Number & Size
Name Address cia
3p Properties
38 South Oak
Way
Glenwood
Springs
Co 81601
2393-172-00-310
(2.9 acres)
Public LandsBLMBox 1009
Glenwood
Snrinss Co 8r602-1009
Co 81 601
2393-172-00-221
(4 acres)Capital
Construction LLC 0241 Co Rd 167
Glenwood
Springs
Stephen F Dawson
and Catherine A
Zyetz
3321 Deluna
Drive
Rancho
Palos Verdes Ca.
Co
90275-6216
Parcel# 2393 - 17 2-00 -3 1 1
(23 acres)
81602-2971
Parcel # 2393-07 4-00-357
(ll.056acres)High Country
Associates, lnc.PO Box 2716
Glenwood
Sorinss
Co 81623
2393-172-00-225
(3.01 acres)Fred Secovic
0617 Counfy
Rd. 113
Carbondale
Co 81601-3363
Parcel # 2393-07 4-00-013
(28.72 acres)& CountY
ROWGarfield CountY
109 8'h St. Suite
300
Glenwood
Springs
Co
Co
81623
Purdt nq3-172-00-222
(5.79 acres)James & Denise
Watson
0100 Arapahoe
Lane
Carbondale
8r62l-9338 Parcet *. ZZ93-1 81 -00-358
(73 acres)Wayne Rudd 0132 Park Ave Basalt
Page - 14
102
3+
:
23g3-o74-00-ol:
Tox ExenPt
This Garfield county assessor's ownership map shows the Scott Fenske parcel and surrounding
froperties. This map also identifies the uses on the adjacent properties.
Pase - 15
Suhmitted b!:
Western SloPe Consulting
Gorfretd.Ciu,lt
riifi'souryP9l
BLM
r.m
@
- 2E.
Storage Warehouse
Light Industrial Use
4. .\Z
Public Land
/r/h\
/ tl {:.t
Existing and Adjacent Zoning
Application Summary.
This Special Use Permit application is submitted to allow for storage of construction equipment,
tools and materials inside an existing building on the subject property. The proposed use will
create minimum impacts to adjoining properties, the environment or traffic. The proposed use is
located in an area that is already commercial/industrial and character. The applicant requests
favorable consideration by Garfield County for this special use permit.
Submitted b!:
Westem Slope Consulting
Page - 16
/ct
489103 B-967 P-463 02/16/96 02:47P PG I oF 1l ttDC
I'IILDRED AI.SDORF CARFIELD CEINTY CLERK AND RECORDER 46.00
DOC
COYENANTS REGARDING WELL USB
THIS AGREEMENT is entered into by and between PAUL PINE AND PAMELA PINE
(hereinafler'Pine'), FRED SEFCOVIC (hereinafter "Sefcovic'), and KIMBERLY J. BARTA
AND WAYLON B. BARTA (hereinafter "Barta").
RECTTAIJ
1. Pine owns real property located in Garfreld County, Colorado, more particularly
described as Tracts D and E on Exhibit A, attached hereto and incorporated herein by this
reference (hereinaftcr *Pine Parcels"); and
2. Sefcovic owns real property located in Garheld County, Colorado, more
particularly described as Tract B on Exhibit A (hereinafter "Sefcovic Parcel'); and
3. Barta owns real property more particularly described as Parcel A on Exhibit A
(hereinafter "Barta Parcel'); urd
4. Pine owns the Hening Well, and Sefcovic has an interest in the Herring Wcll as
described in the well permit, which is Exhibit B, atuched hereto and incorporated herein by this
referencc; and
5. Pine has a Water Allotment Contract No. 208 with Basalt Water Conservancy
District for threc residential units of domestic/municipal and one unit of industriaVcommercial
use, which contnct is necessary for operation of the Herring'Well, pursuant to Permit No.
44061-F, to supply existing domestic and commercial uses on Parccl A and Tracts B, D, and
E; and
6. Facilities are currently in place which allow delivery of water from the Herring
Well to Tracts B, D, and E and are being built.to suppiy watar to Parcel A; and
7. Sefcovic, Barta, and Pine desire to use the water to be produced from the Herring
Well for domestic use and irrigation of lawn and gardens on their respective parcels, and Pine
desires to allow such additional water from Hemng Well to be used for those purposcs. The
parties also desire to set forth their rcspective rights and obligations with respect to the
ownership, use, operation, and maintenance of the Herring Well and associated facilities.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual prLmises and covenants
containod herein, the parties agree as foilows:
P;\FIIlll\nN&r.lAC
Noebre.. l9$t
K*U,-tq br.-lc^
?L-, fuua QQ53
r^I^ ^-r1, i^)t,.to f {i glu.)3
-a
o
4BgrO3 8-96? P-464 02/16/96 O2t47P K 2 oF I
l. pinc has obtained a well permit necessary to use water from the Herring Well as
is neccssary to provide water for domestic us€ and irrigation of lawns and gardens on Tracts B,
D, and E and parcel A and has obtained an amended water allotment contract for the increased
qu,antities to be withdrawn from the Herring Well'
2. Barta, Sefcovic, and Pine shall be entitled to water service for the unit on their
individual parcels, i.e., Barta - one single-family residence^with 2500 square feet lawn irrigation;
Sefcovic - onc single-iamity rcsidendwith 2500 square fect irrigation; Pine - commercial unit
with 2500 square ieet tawn and garden irrigation and right to use well for expanded uses as set
forth herein.
3. Barta shall pay all costs incurred in securing all such approvals, including legal,
engineering, well permit,'urd applicarion fee to the Basalt Water Conservancy District'
4. Barta shall construct facilities necessary to deliver water from the Herring Well
to parccl A. Before commencing constnrction of such water delivery facilities, the Owner of
Tract A shall submit written ptunr to Pine depicting the configuration and design of such
facilities, inctuding connection to the well, and
-pine ihatt have approved such plans' Pine's
approval shalt notie unreasonably withheld. Construction of the water delivery facilities shall
be in acrordance with the approved plans.
;
5. The costs of design, construction, operation, maintenanco, repail, replacement,
water service contract, electricity, and all other costs of the water delivery facilities shall be the
*t. ,**ponsibility of the pany io be served by those facilities. The costs associated with any
improvements to Herrlng Well required in ordir for the water delivery facilities to be connected
to the well shall be the
-*1" r"tponsibility of Pine, Sefcovic, and Barta individually'
6. The parties herein grant i!,ny easement across their respective parcels which may
reasonably be necessary for the water delivery facilities.
7. pine shall operate and maintain the well and pump as necessaQr. The cost of such
operation and maintenance, including the cost of powe.r necessary to operate the well' shall be
apportioned pro rata among rhc partiJs abcording ti ttreir use of the well, as set forth herein, and
,[dt not be apportioned on the basis of ownership of the well.
g. In the evtint that the water supply available from the Herring Well diminishes for
any reason, the parties agrec that *uttt titioning may be imposed by Pine' Pine shall first
.-.^+^-.1-- -^r^a,{..IA rrmn all -".ti.* limitino irripation uses on a OropOftionali*.,;[if, t*;;ti- ,,ru*i"g scheduie upon all pu.ti.r ii*iting irrigation uses on a proportional
- ..^^ ^f +[.a;;fr. ;';;i;f"* are iriadequate, Pine *"y irpot" a temporary prohibition on use of the
water for irrigation uses. Any further necessity foi water use restriction shall be agreed upon
o
by two of the threc Parties'hereto.
9. Title !o the Herring well and water right associated therewith
divided among the parties as follows:
:
P:\FIIISWXEA.lAG
Noo[era' t9$a
.l--
t/€
w.z l('.4 r"'
-2-
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o
4Bs1O3 8-967 P-465 A2/L6/9B 02:47P PG 3 OF s
Pine: A thrce-fifth (3/5) interest, including three domesric/municipal
units and one commercial unit of water under water allotment
contract.
Sefcovic: A one-fifth (1/5) interest, including one domestic/municipal unit of
waler allotment contract.
Barta: A one-fifth (1/5) interest, including one domestic/municipal unit of
water allotment contract.
10. All future legal, engineering, and other costs associated with obuining the
necessary governmental approvals to implement this Agreement, obtaining the water allotment
contract, and fiiing of a water augmentatiorr plan shall be the responsibility of the parties hereto
in proportion to their thcn-existing use of thc Herring Well.
11. Where any reimbursement or payment is due by any party to any other party
under the terms of this Agreement, such payment shall be made within three (3) days of written
demand therefor, or such additional time to which the parties may agree in writing. In the event
a party fails to make a required payment within three (3) days of writterr demand therefor,
interest on the unpaid amount shall accrue at a rate of 18 percent per annum, beginning three
(3) days from the date of writtcn demand. If payment is not made within ninery (90) days from
the date of demand, the party to whom payment is owed shall be entitled !o pursue any remedy
' available at law or in equity for breach of this Agreement, and shall be entitled to reasonable
attorneys' fees for collection of the amount due.
12. Barta and Sefcovic recognize that Pines culrently use their property for a
commerciaU industrial business. Pines intend to continue using their property for a
commercial/industrial business and may in the future change the type of commercial/industrial
business or nature of the operation as economics may dictate. Barta and Sefcovic agree for
themselves and their successors in interest urd assigns that they have no objection to the existing
commercial/industrial business on the property and will pose no future objection to the
continr.ration in opcration or change in type of business that may be conducted on this Propcrty.
This provision ii made in consideration of Pines suppiying water lo the Barta and Sefcovic
households. In the event that Sefcovic or Barta, or their successors in interest or assigns, should
interpose any Objection tO such uses or change of use, such parties may be declared to be in
Ureain of this Agreement, and water service to such property through this well may be
suspended and/or tenninated by Pines.
13. This Agreement may be amended in writing by the parties hereto.
14. This Agreement shall inure to the benef,rt of and shall bind the parties, their heirs,
successors, and assig-ns. The initiat term of this Agleement is 25 years' Thereafler, this
Agreemeni shall be automatically renewed for addition aJ 25-ycar terms unless terminated by Ote
pJti"r. Termination of this Agreement may be made by any party declaring their intent, in
P:\FlLES\PINEA.lAG
Novaf,cr L l99l -3-
-T
oF9489103 8-96? P-467 O2/L6/96 02:47P PG 5
STATE OF COI,ORADO )
corrNrY or Aarl*tx ) $'
Aclnowledgcd, subscribod, and rwom to bcforc mc this /L *, of llt-ri$tio'\''l
1994, by Prul Pinc ard Pamch PLtc.
WIINESS mY hrnd rnd official scal'
coI-oRADo )
my hand and official seal.
cnprEs:t/.
corrNTY oF Ja4;t/- ) ss'
I
Acfnowlcdged, rubrcribod, and sworn to bcfore mc this 1# aay of
199{, by Frcd Scfcovic.
Nuary Public
COI'NTY OF
)
) ss.
)
Acknowlcdgcd, subscribcd, and sworn to beforc mc this /A d^y of l0,tuol'n),
1994, by Ximbcrly r. Bart and tJ/aylon B. Barta'
WIINESS mY herd ld official scal.
EriLEr,lxr^-uo
Nrrdrrl, tia
h*f$,..*
Notary Public
'r";"$ iS Notery Public
-5-
crpires:
,ffi'tb*mission cxpires: ,q / lf tr '.
1,
/
.. 1
-EXI1IBIT A
PAICEL "8"
A pancl o( l.ard lltuaLed ln tln Nortln,lot Ornrtar of Sest.lcrr .171 Tua-.ahlp
? souul, 1614I€ 0O lEit of tlE Strth kinctpa.l, hrlAnon, Ga-rjl.J/l cnnEy,6lora&, tur porctcrrL[tly dcacrtrcd as (ollovsr
o=glnntrg at th llcth,Ble @rrs o( aald Sestlcn 17, a braaa crp rsltn8rrtlrr ploorr tl6r<l S.53'1,{'20'E. 828.8? fmt to a nbar ord crp ru}rerrt attl6 tcutlti€rE,6rrrr of Grrarrrnnt l.ot 4, tFE fnB Foint o( euqlrgdrryr tlgrasarr larc 65O.21 frE alcrrg tha a.rthllre'of eald corrc-rrrnont Io[ {r tr: a rqbar
and cap rEnurErt, thncc 5.22'56'00'll. {76.76 feet tp a rtbar ord qp nr:rr:trEnt, cn th rnrtlarl,y Llna of Qrrlrty bad U3 rlght'of.+ayt Usrco alarg
anla lsgp'ly rlghe-of-vay Urt6 th foUori.rS ccltlrlca a:d atrtrurcrcdl tj.ssrortlncltorl1r 8I.53 fat okrg t}l arc o! a crst! to tlr rlght, harrlr4 a rodlutgl I0{8.8I futt, u canrtra-l argla o(.0{'27'IJ'chcrd r.-".a H.38'1{'I7"I{. 8I.50lcst,l tlsa 801.75 fcrE, aLa'g thc arc o! a 6rrv€ to tla left, hlIlrlrry a rodll.x
o( 1509.12 !c0t, a csrtral arglo ol 07.{,1'01', drord Loan tl.l9'52'11'tt.
203.59 feot, tbaa N.{3'{{r{l'}1. 77.15 !Gct,; t}:nca 151.02 fet alo-g tta arc
o( a crrrvo ED th ]cft harrlrry a rd.l-us of 1.19.00 feec a ertra]. arglc o! 25'
27'Sl' , dprd bearr tI.56'28' {01t.. I49.78 fobr t}anca N. 69'lJ' l7nr. 123.lO re6Etp 6 rEbaa rd cp r(rrunrtrt, UElc ]evfug $t rtortjffIy r1$rt-.c'{-vu1,. ILrrc ol!.ld O,lrrty ltrod lll dll:t rctlr 36.50 fc€E t! tlE flE nclrrt o( Ecgl-il.rry, corF
ErLrJ^iq J.0J, <a, lac d J.crr.
.i
^ u,^"1"{*i1S'',rt ,?ir' ,or secLion ri,'rw,,"rrip
7 Souti, Ilanqe 88 l'bst of the 6t} Princ-iPal ,lerid'ian, C-rrfiold Ounty,
Colorado, lyinE outherly o! arul adjacerrt. to the Southerly rightrcf-
vay line of, &unty nfad No. Ill and beinq ,rore pa5uicularly descri.bed
as fol-l-ers:
Beginnrrq aE a point rrhence a brass o:p forrrd in Place ard properly
rrarked for Lhe lilrrUDrest corner of said Sectiar t7 bears Il. 35'27'?9"
ll'1287.84 feet; thsce ll 55'34'2L'l{. 247'00 feet; thence N. J4'25'19"
E 319.50 fcet to a po.int ort Ure Southerly right''of-ray line of sal.d
Coqty ttoad No. ILI; Utence alcng the southerl.y right-of-rlaf line of
said Ocunty Iloud No. .lfl qr the foLlcl,rjng c nrse-s: s 69'12']9" E 21.36
fect; tlcnc€ 124.J5 feet alcng t}e arc o! a 279.80 fooc radius curve to
tlrc r19hL, the drcrd of h,hidr bears S- 56'28'40" E. L23..1{ f€eti tiene
5 43'44i43'E 77.L5 feeE:.Utnce 28.0? feeE al'ang Ure arc of a 1449'12
f@8, !'Edlus errve to Ure rtglrt, the chord of which bears.s 1l'11"26" E
20.06 feet; Urencc leaviaq i"ia gu$erly right-<f-r"ay dn" cn a csurse
bearlng S. J4'25'39" lr foi a diitance of 334.65 feet to tlre fDirlt of
beginning, ccrrtahing 2.oo acres rorc or lass and Ecgether Hith a irator
1.L6a e"si.rrnnt <t&cribe<t hcre.rLUr- :
rRA C 7., tr:,
A tr.ct. of land siLuaLld in LoE 5 of *qecLior 17, ltrnrship 7
SouEJr, Irange BB tbs!, of tlre 6t} Principal tlrridian, t}:rfie1c1 cannEy,
colorado, lying soutlnrly o! an<t eljacrllE, to the so.rthedy riqht-of<vov
llno of Comty noail tlo. llil and being norr pa.ruicularly Cescrilerl as
l
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fo].lore:
eeginning-ac a poirC v|rrcr r brass cap fourd in plac= and properly'rnrrked
for Ure t{orth€sE, Coser o! said Secllcn 17 bears N 35'17'29* H 1207,84
fee!; thence N 14'25'39'E'll,l .55 feet to a poirt qr tlre -tarEjrerly right-
of-rray lJna o( salrl corDty lroBd tro. 1I]; t}srce alcng t}c soutlurly
righb-of-+ray .Ulc of, snid co.nty no.xl. tlo- I13 an the follclJng courscs:
167.58 feot alarg Uu arc o( u 1't49.12 fcoc radius crtr.ve to l$e righe,
Elle chord o( rlrlctr bears 5 39'19'24" E 167.{9 fecE.' thenc€ }16.04 tcet
al,olg thc arc of 1100.0I (cot' radlrrs curv. to the Lctt,' thc cloid of vlrich
hanxi s- 19'00'12" E II5-99 fee!; therrce leaving tlre SortJerly rillrc-of-vay
Urre of said County r.b.1d Uo. 111 on a course Lcarino S 22'5G'00'l{ for n
tlistarrca of 259.9,1 fecti tllen<= N 55'3{'2I" H 123.77 fect tD Ute Paintol beElnning, cantalning 2,00 rcras fiore or lcss and toget}ret tlitlr a
rrater lirc eas€ncrt CescrilEd heroriUr.
Exccp'flitlc TltEnErnoft ttrag Porllon coove)'ed :" 9it*::^:',Ra1'rnond
anrl h<Ia: ElIccn n.rymond ln- Deer'l recortlci JuIy 27 ' 190f 1n tlool(
611 aL iage 760 no Oeeeption No' 344202'
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OrM NA. . OFFICE OT TUE ST/'TE ENGINEER
;ws-Ls/ COLOHADO DMSIC.. OF WATER RESOURCES
'/ El6 Crntrnnid Bldg.. 1313 Sh.rmrn sL. Dcrwcr, Colondo 8g2o3
(30$ 6663561
489103 8-967 P-470 02/16/96 02:47P PG B OF I
,PPUCANI
PAUL & PAMELA PINE
% LEAVEI.{WOBTH & CALOIA PC
P O ORAWER 2O3O
GLENWOOD SPGS CO 81602
( 303)94s-2261
CI{ANGE/DGA},ISION OF USE
EXHlBIT B
APPBOVED WELL LOCA]NON
CaARFIELD COUNTY
l.{w 1/4 Nw u4 section 17
Twp 7 S MNGE Bs W dh P.M.
ptsrANcES FROM SECTION Ul)lES
1250 Ft. rrom North section Lin9.,
1025 Ft. from West Section Une
WEI PENMT NUMBER
DIV. 5 CNTY. A
04406r
MD
1)
2)
3)
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONOMONS OF APPBOVAL
This well shall be used ln such a way as to causs no material iniury to existlng water rights. Th€ issuance o{ the
permh does not a.ssure the applicant lhat no lnlury will occur to anoth€r vested water rigltt or Preclude anolher
orvner ol a vasted waer riglrt trom seeking rellef in a civil coutl actlon.
Th6 construciion of this well shall be ln compliance with ths Wat6r Well Constructlon and Pump lnstallatlon Rules
2 CCR 402-e unless approral of a variance has been granted by the Stato Board of Examlners o( Wdsf Woll
Constructlon and Purnp lnstallation Contraclors in accordance with Rule 17.
Approvod pursuant to CRS 37-9G137(2) ,or th€ expanded use of an existing w€ll constructed undsr p€rmit 42.l6+
F. expired, appropriating ground water rihnary to the Roaring Fork River, as an alt€mat€ poim d div€rslon lo tho
Basatt Condult on tho condilion that tho well shall ba operated gdy when rhe Basaft Water Consewarry Dkildcr's
substhtrre watsr supply plan, approJed by th€ Stat€ Engineer, is in eflea and when a watsr allotmeot corilI:lct
between the well owner and lhe Basalt Water Conseryanry Distria lor ths release ol replacernent wator frorn Ruodi
Bessrvoir ls in effect, or under an approred plan for augmentation. Basalt Water Conservancy Dislria cootract
number 208.
The use ot ground water from this well is limited to tiro protection, ordinary household purposes lnsido two (2)
single lamily ch,vellings, the inigation of not rnore then 3,OOO squaro feet of inigation p€r dwelling, use insido one
existing comrnercial building and the inigaion ot not moro than 3,OOO squars f€€t ol irrigation at the comrnerclal
sile. Ail use of this well witl be curtailed unless th6 water allotment contraci or a plan for augmentation ls in effoct.
The maxlmum pumping rate shall not exceed 59 GPM.
The average annual amount ol grouncl water to be appropriated shall not exceed 2.5 acre-feet (814,627 gallons).
A totalizing flow meter must be installed on thls well and maintained in good working order. Permanent records
ol atl cliversions must be maintained by the well owner (recorded at least annualty) and submitted to theDivision
Ensineer upon request !-b ilfl hl
4)
s)
6)
4
I I ;i UCPY
APPFOVED
JS1
Receipl No.DArE rssuED S EP 21 1994 &r,*r,o* DArE S EP 21 1995
-
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.. .::, ,r.|.-....
EXHIBIT A (Cont-)
PRoPBRTY DESCRIPIIoN - Barta
AII th. portl'on of Lgt 5, s.ction l?. rnd of Lot l, s.ctlon 18,?ovnrhlp 7 South, Rragr'84 H. 6t.h P.H-, dr.crlb.d rr Iylng
North.rly of County Foad r11.l , lt.lEer1y of th. t{..t lin. of Lot
a. s.ctlon 17, rnd Southrrly of. IIn. drrcrlbrd r. b.glnning et
r irolat 151.80 f..t, Haat of thr Northw.tt corn.r of Srctlon I?;
thrncr S, 61 dagr..a 02'OO' E . g35. 7'8 f rrt t o t.h. B..t I tnr of
Lot {, Srctlon 17.
COT'}ITI OT GARIITLD
sTltl or @Lon.rDo
489103 B..967 P-471 02116/96 02:4?P PG I oF I
L[ll t!!l iltilt ][ t]il il[ ]ililt ilt iltailt' 63219E 07/21/2003 ttt37A 81495 p162-tr nlloonrI of 1 R 6.00 D 0.00 GRRFIELD COUNTY CO
a
Q
,8
a
,lr I
QI.IIT CLAIM DEED
THIS DEED, Made this 10th day ol July
KIT,IBERIJY J. BARTA
2003
of the mid County of GARFIELD
SCOTT TENSKE Fia-
whos lcBEl 8ddress is 1269 WALD DRM
CARAONDAT,E, co 81523
of thc sid County of GARFIELD and State of COIJOR'ADO
WITNESS, thal the grantor, for and in consideration of the sum of Ten dollarg and other good and
valuabls coneideration DOLLARS, the reaeiPt and sufficiency ()f whiclt is herel'y
acknowledged, has remised. released, sold, conveycd, nnd QUIT CLAIMED. rnd by these prcsents, do retnise relcsse scll' crltvcy nttd
Qoit claim unto the grantee, his heirs, successors and assigns. forcver, all the ri8ht, title. intcrcsl' claisr Md dffind wlliclr t*:l:::::, j::
in and to lhe real proPerty, h8ether with inprovements. if any' siruttc' lying and bcing in thc said Counry ol'
GAIPIELD End State of Colorado described 8s follows:
A11th€portsionofLotS,S€ctioalT,andofLotl'soctionlE'TownshiPT
South, Bange 88 w. 6th P.l't', deecrlb6d as lying Nortsher1y of Countsy Road *113'
werterly of the west lirre of Lot 4, Section 17' and Sout'her1y of a line
describedaabeginningatapointsl5l.Sof€etweat,oft,heNorthwegtcorrrerof
Sectsion 17,
thence S. 61 degreea O2'OO' E. 935.78 feet to the west line of
Lot. {, section 17.
TOGETBBR I{ITH A 1/3 TNTEREST IN rHE SHARED 14g11 PERMIT llo4416l-F
asknownbyslreetandnumlreras: 589 COUlfff ROAD 113, CARBONDALE' CO 81523
TO HAVE AND TO HOLD the sam, together with 8ll snd singul8r the appurtensnces end PrivileScs lhcrcunk) bclonS ing or in any-
wise thereunto appertsining. and all the estate, right. title. interest and claim whetsocver. ol the Srank)r, silhcr in law or cquily. lo (hc
onlyproperuse,berefitsndbehoofofthegrantee,hisheirsan<!assignsforever. Thesingularnumbershallincludetheplulsl'lhePlural
rnd the singular, and the use of any gender shall be spplicable to all Senders'
INWTNEssWHEREoF'lhegraniorhesexecutedthisdeedoothedstesetfbrthabove
stsre of coLoR.ADO
Counry of GARPIEIJD
and stste of COLORLDO
Thc foregoing instrurrent was acknowledged before rc this
by KIMBERLY J. BARAA
My comi'ssion exPires
/0 dsyor q 2b03
Wihess my hand and otficial scal
PUc lrb, ot(Ill,s2 St.*rrt Tltl. d Glo*rnl Sprlntr' Inc
No. e!3 QUIT Cl-AlM DEED
Ad.9M
gcdvl t*t*a-
lzlel \^rc(tc( De''<--
grrntor. and
D
tt erl to'
Ct rrr.rrotaLe, Ct; Zltt L)
. grantce:
STEWART TITLE OP GI,ENWOOD SPRINGS, INC.
8O,T COTORADO AVENUE, 2ND FLOOR.
GLENWOOD SPRINGS, CO 81501.
(970) 945-s434
FAX NO. - (970) 945-7081
Septe+ber 05, 2003
CONNBCTION WITH THE
TLtle Comitments
Aoended ComLtuent
EndorseDents
Pollcy
IN
oRDER NO. 03000752
RE: 589 COtlirrY ROAD 1L3
BARTA,/FENSKE
ABOVE ORDER NU}IBER, PI.E.ASE FIND ATTACHED THE FOI,LOWING:
E
Original to: SCOTT FENSKE
1259 WAI.D DRIVE
CARBONDALE, co 81523
TAYI,OR, BEAN & WIIITAKER
ATTN: POST CLOSING
1417 NORTH MAGNOLIA AVEDIUE
ocArrA, FL 34475
TTATTEMIION: THIS IS YOI'R RINAL TITLE POLICY. PLEASE FILE WITH YOI'R RECORDS**
This is NOT an invoice. This is for informational purposes only. Thank you.
of Endorsements to Policy f**. *f
GUARANTY COMPANY
INDEX OF ENDORSEMENTS TO POLICY
COLORADO
File No.: 03000752
: SCOTT FENSKE
Policy No.: 09701-31G052
Policy Form: ALTA OWNERS POLICY 10-17-92
The Endorsements indicated below are attached to the above
ENDORSEIIEMI 110.1 (Deletion of SLandard Exceptione)
STEWART TITLE
Charge $t,022.00
referenced eolicy:
Charge $35
ALTA OWNER'S POLICY
O
SCIIEDULE A
Order Number: 03ooo7s2
Date of PolicY: 'rulY 21'
Amount of Insurance: $
2003 ats 11:39 a'm'
485, 000 . 00
1. Name of Insured:
SCOTT PENSKE
2.Theestateorinterestinthelandwhichiscoveredbythispolicyis:
fBE SIUPLE
3. Title to the estate or interest in the land is vested in:
SCOTT FENSKE
4. The land referred to in this policy is described as follows:
SBB ATTACHED I'EGII' DESCRXPTION
Policy No.: o-9?01-3160s2
SCIIEDT]LE A
Order Number; 03000752
LEGAL DESCRIPTION
All the porElon of Lot 5, Section 17, and of Lot 1, Sect,ion 18, Townahip 7
SouEh, Range 88 W. 5th P.M., deacrlbed aa lylng NortsherJ.y of County Road #1L3,
WeaEcrly of the $Ieat line of Lot 4, Sectlon 17, and Sout,herJ-y of a line
deacribed ae beginning ats a polnt,151.80 feets WeeE of tshe Nortshweats corner of
Sect,ion 17;
thence S. 61 degreee O2'00i E. 935.78 feets to the Wests line of
Lot 4, Sectlon 17.
COI'}flTY OF GARTIET.D
STATE OF COLORADO
'.LTA
OWNER'S POLICY
Order Number: o3ooo7s2
SCITEDULE B
This policy does not insure against Ioss or damage (and the company wilr not pay costs, attorneys' fees or expenses)
which arise bY reason of:
l.Rightsorclaimsofpartiesinpossession,notshownbythepublicrecords.
2. Easements, or claims of easements, not shown by the public records'
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments' and any facts which a correct
survey ano inspiiil;iid;iir"ii"r-*ouia oir"toi" and which are 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. unpatented mining claims-; reservations or exceptions in patents, or an act authorizing the issuance thereof;
waler rights, claims or title to water'
5.Taxeefortstreyear2003,aliennotsyetdueandpayable.
7. Th€ effects of Lnclugions in any general or specific wat,er congervancy' fire
Procection,aoilconoervaEionorotherdlgtsrictsorinclueionl.nanywaE6rgervice or EEreet inprovenents area'
S.Rlghcofttreproprietsorofaweinorlodatsoextsractandremowghlsore
therefrom, ehould Ehe etne be found tso Penetsratse or incer66cts ttre premiaea
herebygranced,aarea€rvedinUnitsedstsatseaPat'entrecordedDecember4,lS94
Ln Book 12 at Page 339 aa Rec€Ptsion No' L7920'
g.Rlght,ofwayforditcheaorcanalacon8ErucEedblrtshea.utshorltsyoftsheunit€d
stsaEoa,aEtreg€rvedlnunltsedstsateaPat€nErecordedDeceuber4,lSg4inBook
L2 aE Page 339 aE Rec€Ptsl'on No' L7920
10. Resolutsion *81-81 recorded March 31, 1981 in Book 558 ats Page 534 ag Reception
No.313382
11. RcEo1utsion *go-323 reeorded ,ranuary 5, 1981 ln Book 553 at Page 57 ae Rec€PtLon
No. 310865
12. Holy Croga Blectric Aegociation, Inc' Easeuent and RighE of way recorded
october 24, xgg4 tn Book g20 ats pag6 115 ag RecepEion No. 459981'
13.ConEractForElectsricservicerecordedocEober24'1994inBook920aEPage117
aa R€c€Ption No ' 469982 '
14. DlaEters discrosed on tshe eurvey/ttc dated March 15, 1998 by scarrow &
walker, Inc- ae .,ob No' 97138 '
Policy No. : o-97oL-3L6052
Continued on noxE Page
Cont,inuatsion of Schedule B - ALTA Owner'e Poliey
PolLcY Nrlmber: o-9701-315052
15. Covenrntsa Rogarding weII Uge recorded February 15' 1996 in Book 967 ats Page 453
aE ReccPELon No. {89103'
15.RcleagcandQult'Clal.nDeedrecordedMay8,1995inBook977aLPage229aa
RecePtsion No. 49272L'
17. Dced of, Truat from scoTT FENSKE to the Publlc Truat€e of Garfield county' for
the usc of TIYLOR, BEAII & I{HITAKBR uORTGAGE CoRP' go Eecure $200'OOO'00' datsed
iruIJY10,2oo3,recorded.I,L,Y21,2oo3,inBook1495atsPageJ.63aaRacoptsionNo.
632L99.
riloonsnurNT FoRM u 0.1 (Rev.s/es) O
ENDORSEMENT ATTACHED TO AND MADE
OF POLICY OF TITLE INSURANCE
STEWART TITLE
RT
o
APA
SERIAL NUMBER O- 9701-315052 ISSUED BY
GUARANTY COMPANY
HEREIN CALLED THE COMPANY
Order No.: 03000752
Said Policy is hereby amended by deleting paragraphs 1-4 , inclusive, of Schedule B.
This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of
any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and
proririons of the policy and any prior endorsements, nor does it extend the effective date of the policy and any
prior endorsements, nor does it increase the face amount thereof"
Signed under seal for the Company, but this endorsement is to be valid only when it bears an
authorized countersignature.
Countersigned:
zzz/dry2,-r
AuEhorized Counters ignature
STEWART TITLE OF CLENWOOD SPRINGS' INC.
Agent ID #0605lA
Serial No. E- 9851-178 190
STEWART TIT
GUARANTY COMPANY
LE
SCOTT FENSKE
November 8,2004
Mr. Fred Jarman
Garfield County Planning
l08 8th st., suite 20l
Clenwood Springs, Colorado 81601
Dear Mr. Jarman:
I the undersigned Scott Fenske owner of the property located at 0589 Co Rd l13 with this letter consent
to and authorize the processing of a Special Use Permit application before Garfield County Colorado:
Further, we authorize Davis Farrar of Western Slope Consulting, Carbondale, Colorado to serve as our
representative for purposes of processing this application before Carfield County.
Yours ffuly,
Cc: Davis Farrar - Western Slope Consulting
I269 WALD DRIVE . CARBONDALE,
Phone: 970.963.9251
Scott Fenske
coLORADO.8t623