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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.barfield-county.com STAFF USE ONLY Doc. No.: Date Submitted: TC Date: Planner: Hearing Date: SEP 2 4 2007 Special Use Permit GENERAL INFORMATION (To be completed by the applicant.) Street Address / General Location of Property: ,(.cOo llw x $� C:,._5:e./,,,,,5516 / wood ._5:e./,,,,,55,5s l Co (/60 I / Legal Description: .Sc--(-, /-��y/ac%c.,c,r L7c'i f47iioc.< Existing Use & Size of Property in acres:.S4-60-,j„,7 J,) j 'c e --, > Description of Special Use Requested: /wo /%:-/-,7//7 f e,,,//j,U:� > Zone District: , I(J( D Name of Property Owner (Applicant): /4G (ONUS /"/Lof&✓!271/Ls' L! Address: ,SO377 (_r ..,,e? ,(( /S.- Telephone:�j7c7.-5459 y > City: (ime../ , l State: Co Zip Code: R/60/ FAX: 5 =SZzs-- > Name of Owner's Representative, if any (Attorney, Planner, etc): -A/ci:s Mc Co.A,.s > Address:.OfF C�oc,44 £€ /SY Telephone: 379--3 i/ > City: /c,•,,c roc,0 State: eC7 Zip Code: g/ 601 FAX: si_r, > 2„r_ STAFF USE ONLY Doc. No.: Date Submitted: TC Date: Planner: Hearing Date: SEP 2 4 2007 • • 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 which is correc and accurate to the best of my knowledge. ignature of applicant/owner Last Revised: 02/2006 • • GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield 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 of 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 notificationby the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Date:---2c7--e°7 oe:7Lfri• 11'1 Print Name Mailing Address: _S—C2S"d ap na r(74 5'160 10/2004 Page 4 • • 90—�6�Z f u!u!ofpy F -r CV N 0 k" �I co co CP c • • STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 July 6, 1994 F E BODIE COLLINS COLLINS DRILLING INC P 0 BOX 0516 CARBONDALE CO 81623 (303) 945-4070 RE: Monitoring and Observation Holes Lic. # 634 I.D. 5 County 23 Dist. 38 Basin M.D. File No. MH- 2 3 I a9 Owner: LEONARD LANGSTON Township 7 S Dear Mr. Collins: • Rov Romer Governor James 5. Lochhead Executive Director Hal D. Simpson State Engineer Section 1 Range 89 W Thank you for your letter of June 23, 1994, notifying this office of your intent to construct the subject monitoring and observation holes. The construction of the holes must be completed within three (3) months of the date of this acknowledgement. Testing and/or pumping shall not exceed a total of seven (7) days unless prior written approval is obtained from the State Engineer. The water diverted during testing shall not be used for beneficial purposes. The well owner or his agent shall be responsible for obtaining permits and complying with all rules and regulations pertaining to the discharge of all fluids produced during testing. The holes must be plugged within one (1) year after construction unless a well permit has been obtained from the State Engineer. A copy of this acknowledgement must accompany the drilling rig. All work must be in compliance with the Water Well and Pump Installation Rules. Construction details, geologic logs, and test data, in the form of well construction and test reports (form GWS -31), must be submitted to this office within sixty (60) days of the completion of the work by the licensed contractor or authorized individual. In addition, the well owner should maintain records of any water quality testing and submit this data to the Division upon plugging of the hole or our request. Please refer to the above file number and owner to identify the documents when submitted. Upon completion of plugging, abandonment reports (form GWS -9) must be submitted affirming the dates the holes were plugged, the intervals and types of materials used, and by whom the holes were plugged. Acknowledgement of this monitoring and observation hole notice does not indicate that well permits can be approved. If you have any questions, contact this office. Sincerely, e -K, (vim Jeff Deatherage Water Resources Engineer JD/jlv cc: Division 5 (with enclosure) Edward B. Olszewski Melody D. Massih Amanda N. Maurer OLSZEWSKI, MASSIH & MAURER, P.C. ATTORNEYS AT LAW P.O. Box 916 214 — 8T" STREET, SUITE 210 GLENWOOD SPRINGS, CO 81602 TELEPHONE: 970.92 8.9100 FACSIMILE: 970.928.9600 December 3, 2007 Craig Richardson Garfield County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Special Use Permit for McComas Properties, LLC Dear Craig: Website: www.ommpc.com This letter comes in response to your correspondence dated October 11, 2007 regarding the above -referenced Special Use Permit and to follow our telephone conversation of November 30, 2007 regarding this matter. Attached hereto are the items as requested: 1. Two copies of a site plan depicting the subject property, existing improvements and proposed parking area; 2. Two copies of a floor plan of the dwelling unit; 3. A letter dated November 28, 2007 from Resource Engineering stating that a Basalt Water Conservancy District water allotment contract for the expanded use of an existing well will be approved at the December 11, 2007 board meeting. Once McComas has received the approved water allotment contract, we will obtain a new well permit from the State approving the use of water for the proposed expanded uses and forward a copy of the same to you; 4. As to the ISDS permit, there will be four bedrooms total in the two dwellings. As can be seen from the floor plan, the upper level has three bedrooms and the lower level will have only one bedroom (rather than two as stated in the application). As you stated in your correspondence, the ISDS permit is adequate to provide wastewater services to a four bedroom dwelling unit, and so no new ISDS permit should be necessary. December 3, 2007 Page 2 In addition to the above items, I have enclosed a copy of an Affidavit regarding Boundary Line Adjustment and Quit Claim Deed which affects the McComas property for your files. These items should satisfy the concerns set forth in your October 11, 2007 application and allow you to proceed with your review. Please contact me with any questions in this regard. Thank you for your time and assistance in this matter. Very truly yours, OLS WSKI, MASS - & MQURER, P.C. /6 Enclosures cc: McComas Properties, LLC eloey D. assih .r OWNER ADDRESS23 f36.24 Lit Z1 , l 1,r! a 6 t 21 PHONE9ZR-9424 :ONTRACTOR ADDRESS/ PHONE ERMIT REQUEST FOR: ( New Installation ( ) Alteration ( ) Repair .ttach separate sheets or report showing entire area with respect to surrounding areas, topography of area, abitable building, location of potable water wells, soil percolation test holes, soil profiles in test holes iee page 4). .00ATIQN OF PROPOSED FACILITY • County SCJ tear what City or Town LF,.1\x.100 C? •S_I Lot Size 3 .egal Description 1 l r 7 1 2. S ci W Application Approval By County Official �LC0 0 0 yASTES TYP, : (v) Dwelling ( ) Commercial or Institutional ( ) Non-domestic Wastes () Other - Describe tUILDING OR SERVICE TYPE: .limber of bedrooms 3/ umber of persons ) Garbage grinder ( Automatic Washer( Dishwasher ;OURCE AND TYPE OF WATER SUPPLY. (well () spring () stream or creek dive depth of all wells within 180 feet of system: 2Lt7 1 T f supplied by community water, give name of supplier: ;ROUND CONDITIONS; )epth to bedrock: )epth to first Ground Water Table: 1 B f r 'ercent ground slope: )ISTANCE TO NEAREST COMMUNITY SEWER SYSTEM: N4 0 Vas an effort made to connect to community system? X16 TYPE INDIVIDUAL SEWAGE DISPOSAL SYSTEM PROPOSED: (V Septic Tank ( ) Aeration Plant ( ) Vault Vault Privy ( ) Composting Toilet ( ) Recycling, potable use Pit Privy ( ) Incineration Toilet ( ) Recycling, other use Chemical Toilet ( ) Other - Describe: ( ) Transient Use , () () () FINAL DISPOSAL BY: ( ) Absorption Trench, Bed or Pit ( ) Evapotranspiration ( ) Underground Dispersal ( ) Sand Filter ( ) Above Ground Dispersal ( ) Wastewater Pond (4 Other - Describe:1 WILL EFFLUENT BE DISCHARGED DIRECTLY INTO WATERS OF THE STATE? 4 • . )ILAPER _O .AT ON T .ST R .SU ,TS• (To be completed by Registered Professional Engineer) Minutes per inch in hole No. 1 Minutes per inch in Hole No. 3 Minutes per inch in hole No. 2 Minutes per inch in Hole No. — ame, address and telephone of RPE who made soil absorption tests; ame, address and telephone of RPE responsible for design of the system; Applicant acknowledges that the completeness of the application isconditional upon such further mandatory and additional tests and reports as may be required by the local health department to be made and furnished by the applicant or by the local health department for purposes of the evaluation of the application; and the issuance of the permit is subject to such terms and conditions as deemed necessary to insure compliance with rules and regulations adopted under Article 10, Title 25, C.R.S. 1973, as amended. The undersigned hereby certifies that all statements made, information and reports submitted herewith and required to be submitted by the applicant are or will be represented to be true and correct to the best of my knowledge and belief and are designed to be relied on by the local department of health in evaluating the same for purposes of issuing the permit applied for herein. 1 further understand that any alsification or mi epresentation may result in the denial of the application or revocation of any permit gnted based upon aid appligation and in legal action for perjury as provided by law. Date S . l 0 .c1 4. Signed PLEASE DRAW AN ACCURATE MAP TO YOUR PROPERTY s(v I-� Q' 2 • • clfr471. ."rFT;r109'sIIIIRKPoWT: .4iiiiwhrivriir.vrmil ,"PT.4 ��tt GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT Permit Nr 2333 Assessor's Parcel No. r� 109 81h Street Suite 303 Glenwood Springs, Colorado 81601 Phone (303) 945-8212 INDIVIDUAL SEWAGE DISPOSAL PERMIT PROPERTY This does not constitute e building or use permit. Leonard 6 Mindy Langston 323 Park La, Basalt: 927-9424 Owner's Name Present Address Phone System Location 6500 Highway 82, Glenwood Springs Legal Description of Assessor's Rarest No SYSTEM DESIGN Septic Tank Capacity (gallon) Other • (,'" /0 ~`~Percolation Rate (minutes/inc//h}y))\ Numbertof Bedrooms (or other) 3 Required Absorption Area - See A taoiwd V f �J r ` "� / , ' Special Setback Requirements: Date R.-3! — i�� Inspector r*'�1 FINAL SYSTEM INSPECTION AND APPROVAL (as installed) Call for Inspection (24 hours/notice) Before Covering Installation , System Installer cP Dry p f Septic Tank Capacity r �- V o Q Septic Tank Manufacturer or Trade Name / 9 1� Septic Tank Access within 8" of surface T t Absorption Area 1 9 X i.:z f, >' 21 (i eye.p Absorption Area Type and/or Manufacturer or Trade Name Adequate compliance with County and State regulations/requirements Other Date c7.4 Ca � 'J f ` 1 j Inspector v►ti.i,L_ RETAIN WITH RECEIPT RECORDS AT CONSTRUCTION SITE *CONDITIONS: 1. All installation must comply with all requirements of thb Colorado State Board of Health Individual Sewage Disposal Systems Chapter g 25, Article 10 C.R.S. 1973, Revised 1984. 2. This permit is valid only for connection to structures which have fully complied with County zoning and building requirements. Con- nection to or use with any dwelling or structures not approved by the Building and Zoning office shall automatically be a violation or a requirement of the permit and cause for both legal action and revocation of the permit. 3. Any person who constructs, alters, or installs an individual sewage disposal system in a mannerwhich involves a knowing and material variation from the terms or specifications contained in the application of permit commits a Class f, Petty Offense ($500.00 fine -6 months in jail or both). Applicant: Green Copy Department: Pink Copy • • McComas Properties LLC is applying for a Special Use Permit at 6500 HWY 82 Glenwood Springs. CO. The existing property is zoned A/R/RD single famil} . We are applying for A Two -Family Dwelling permit as described under Special Use section 3.02.03. The existing dwelling is a two story unit 2548s0 Mfg Home. The upper level consists of three bedrooms, two full baths, living room, laundry, and kitchen, plus its own exterior entry. The lower level consists of two bedrooms with egress windows in each bedroom, one full bath, a game/living room, and a large storage area (10'x12'), plus its own exterior entry. The dwelling water well permit #236628 (See Attached permit) with a pumping rate of l5gpm. The waste water treatment consists of (See Attached Description)a holding tank in conjunction with an oversized dry well. The Electrical utilities provided by Holy Cross Electric consist of a 200amp service panel with a sub panel in the lower level. Natural gas is provided through Source Gas for heating of the forced air furnace, water heater, and gas range. Parking consists of an existing two car garage along with ample room for an additional four vehicles outside the garage. We are proposing with approval of the Special Use permit isolating the two levels, and installing with the proper building permits a kitchen in the existing storage area in the lower level, and using the dwelling as two separate employee housing rental units. RESOURCE ENGINEERING I N C. Garfield County Building and Planning Dept Attn: Craig Richardson 108 8th Street, Suite 201 Glenwood Springs CO 81601 November 28, 2007 RE: McComas Properties, LLC - Application for Basalt Water Conservancy District Water Allotment Contract Dear Mr. Richardson: McComas Properties, LLC has applied to the Basalt Water Conservancy District for a water allotment contract in the amount of .4 AF and 0.033 cfs. The purpose of the contract is to provide adequate augmentation water for an expanded use of an existing well. The existing well has been permitted by the Colorado Division of Water Resources (Permit No. 236628) for a single family home with no outside watering. Mr. McComas wishes to expand the use of this well to cover three duplex units. The application will be submitted for consideration of approval to the Board of Directors of the Basalt Water Conservancy District at its December 11, 2007 meeting. We have reviewed Mr. McComas' application and do not foresee any reason why this application would not be approved. We have attached a copy of our memorandum to the Board of Directors and calculation sheet. Once Mr. McComas receives his copy of the approved water allotment contract, he will be able to obtain a new well permit from the State approving the use of the water for the proposed expanded uses. Should you have any questions regarding this application, please do not hesitate to call. Sincerely, RESOURCE ENGINEERING, INC. R. Scott Fifer Hydrologist RSF/mmm 033-7.0 K:1Clientsl033 BWCQ17 0 Water Allotment Contracts - Miisc17.2 Pending Applicationsl20071mccomas properties, garco b and p.doc Attachments Consulting Engineers and Hydrologists 909 Colorado Avenue Olen d Springs, 00 81601 (970) 777 Fax (970) 945-11 37 sRESOURCE 6 ENGINEERING I N C. Memorandum To BWCD BOARD OF DIRECTORS From ERIC MANGEOT CM CHRIS GEIGER Date: OCTOBER 18, 2007 File: APPLICATION Re: McComas Properties, LLC Resource Engineering, Inc. 909 Colorado Avenue Glenwood Springs, CO 81601 (970)-945-6777 voice (970)-945-1137 Facsimile Applicant Name: McComas Properties, LLC Type of Use: Domestic X Industrial Commercial Agricultural _ Amount 0.4 AF 0.033 CFS 15 gpm (Minimum Charge = 1.0 AF) Location: Area A X Area B Inclusion County: GARFIELD BWCD Division: 1 Mid Valley Metro District Notice Required?: Blue Creek Water Rights Applied? Contiguous: Yes Yes No X Yes No X Comments: This application seeks a contract to cover depletions associated three duplexes (6 units total) from an existing well. Total depletions will be approximately 0.4 AF. Water for outdoor irrigation is supplied by shares of the Glenwood Ditch. The property is 33.08 acres located at 6500 Highway 82 near the CMC turnoff. Based on the property location, it is within the BWCD Division 1 Boundary. The property is currently served by an existing well (Permit No. 236628) looted in the SW1/4 NE1/4 of Section 1, Township 7 South, Range 89 West, K\C5erds033 BWCO7.0 Water Allotment Contacts - hix t7 2 Pendng artensC TM Coo Pewees U.C.dcc • • Mr. Chris Geiger BWCD Application - McComas Properties, LLC October 18, 2007 • Page 2 of the 66 P.M. The Applicant has been informed that they must convert their existing well permit to a "-F" permit or a new well with the State and reference the BWCD contract if the application is approved. • • 1- U 0: 1- (0 O } U 2 z La > w • CL (.0 j zam Ow 0: W W 1- 4( h- -4 U J J N lt 0 a`. R E 0 U 2 8 m 0 0 v O 0 m co 0 a R c a m 1, 0 a 4' 0 0) c CO mE 3 m a 0 0 0 4, J c 0(10000000000 Z Z Z Z Z Z Z Z 2 ZZ Z 0) 0 el N to N el M N el N tr) erf () en eri (i M M P3 tri () (15 VI 0 0 0 0 0 0 0 0 0 0 0 0 o o 0 0 0 o 0 0 0 0 0 0 co a6 O O 0 0 0O 8 0 0 0 0 8 0j 0 O 0 0 0 0 0 0 0 0 0 0 6 0 0 0 0 0 0 0 8 0 0 0 5 0 8 O 0 0 0 0 0 0 0 0 0 0 0 0 0000000008001 0 O O O O o 0 0 0 0 0 O 6111 6 00• 000go 0888880 O O O 0 0 0 0 0 0 0 0 0 O ta 000 OD 00 W 00)0 eh eoN01040104 010104010401 i[) 0 0 0 O O O O O O O O O ei O 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 a i J c 0 0 co O 0 0 O _O o O O Q 0 8 O N N N N N CV •N N N N CV O 00000000060 of 0000000000c0s1 s O 0 0 0 0 0 0 0 0 0 0 0 0 0 v CO rn v mL E0 E 0 U 0 8888888 8 8) § O 00000000000 0 El0 0 8 0 • O0 0 0 0 0 p 0 0 0 0 p 0 0 0 0 0 0 0 0 0 0 O O o O 6 O 0 o o o 0 0 o 8 0 El 8 8 8 8 8 0 8 0 El El 0 0 8 El 0 0 0 0 0CD 0 0 0 0 0 0 0 0 0 CD 03 g rn Qu O 0 0 01 0 Q 01 04ul N N N N N r- N+- N P) O O O O O O O O O O O O N A 1 oo o c ? a 0 32 - m 3c i m- m E Q - -,u- ')- <0)02 1- O # of Livestock a 11 pals/day % CU for Domestic/Comme (r n OS e)o 00 O V co 0 m c • W O of c e �c c 3 0 Jca c o 8 6 0 0 am Elevation (feet) TEE O Qs c all V1 U w la c as 0 2 1O v (° w E v m O: v 0 c � Ill b w m cc 2 I110 ai `▪ 0 n 2 0 m E LL 3 D a O• as Z sk legU <A ...1 N • O 0 60 0 0 Total Includes 5% Transit Loss, 10% for GM Reservoir QUIT CLAIM DEED THIS QUIT CLAIM DEED, made this midday of lice ryloc 2007, between McComas Properties, LLC, a Colorado Limited Liability Company, (Grantor) and William R. and Judith J. Slattery Revocable Trust (Grantee). WITNESSETH, that the Grantors, for and in consideration of the sum of Ten and 00/100ths Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have remised, released, sold, conveyed and quit claimed, and by these presents, do hereby remise, release, sell, convey and quit claim unto the Grantees, their heirs, successors and assigns forever, not in tenancy in common, but in joint tenancy, all the right, title, interest, claim and demand which the Grantors have in and to the water lights, together with improvements, if any, situate, lying and being in the said County of Garfieh' and State of Colorado described ss follows: See Exhibit A attached hereto and made a part hereof TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantors, either in law or equity, to the only proper use, benefit and behoof of the Grantees, their heirs, successors, and assigns forever. The singular number shall include the plural, the plural and the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the Grantor has executed this Quit Claim Deed on the date set forth above. MCCOMAS PROPERTIES, LLC y: Robert C. McComas, Member STATE OF COLORADO ) ss. COUNTY OF GARFIELD The above and foregoing document was acknowledged before me thisYOI day of Lev 2007, by Robert McComas. My commission expires: gf 21_ Xi my hand and official ea .1 I MELODY MASSIH Notary Public State of Colorado f � eSeazuzum and (Wag Erty Jrze. Registered Land Surveyors 818 Colorado Avenue Glenwood Springs, Colorado 81601 (97,0) 945-8664 EXHIBIT A A PARCEL OF LAND SITUATED IN LOTS 1 AND 32 OF SECTION 1, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAI., PARCEL OF LAND BE!NC MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID LOT 32 SAID POINT ALSO BEING THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN BOOK 963 AT PAGE 917 OF THE RECORDS OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE, FROM WHICH AN IRON POST WITH A BRASS CAP FOUND IN PLACE AND PROPERLY MARKED FOR THE NORTHWEST CORNER OF LOT 9 OF SAID SECTION 1 BEARS S.38 41'53"W. 953.00 FEET; THENCE N.87 24'00"E. ALONG THE NORTHERLY LINE OF SAID LOTS 32 AND 1, 437.16 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 1; THENCE LEAVING SAID NORTHERLY LINE OF LOT 1 S.26 26'16"W. 530.24 FEET TO THE EASTERLY MOST POINT OF SAID PARCEL OF LAND DESCRIBED IN SAID BOOK AND PAGE; THENCE N.87 06'00"W. ALONG SAID PARCEL 223.40 FEET; THENCE N.02 54'00"W. ALONG SAID PARCEL 444.22 FEET TO THE POINT OF BEGINNING. SAID PARCEL DESCRIBED HEREIN CONTAINS 3.465ACRES, MORE OR LESS. ABOVE DESCRIBED PARCEL IS BEING MERGED WITH A PARCEL OF LAND PRESENTLY IDENTIFIED AS RECEPTION NO. 487564, BOOK 963 AT PAGE 917 OF THE RECORDS OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE. • • AFFIDAVIT RE: BOUNDARY LINE ADJUSTMENT The undersigned affiants being first sworn upon thereof, depose and state as follows: 1. We are the owners of real property in the unincorporated area of Garfield County, which is described in Exhibit "A" wl i;1 is attached heiet i and iii. orporated herein by reference. 2. We are desirous of adjusting the boundary lines of our lots and sign this Affidavit in accordance with the Garfield County Subdivision Regulations of 1984, as amended. 3. We hereby represent that no new lots will be created and therefore, that Garfield County will not be required to issue any building permits, other than what it would be required to issue for the already existing lots. 4. We hereby represent that none of the parcels of property involved in this boundary line adjustment is part of a previously platted subdivision record. 5. We hereby represent that the boundary line adjustment made reference to herein will not cause the loss of access by road or to utilities, to any parcel of property involved. 6. We hereby represent that the boundary line adjustment being made will not result in any of the lots involved being less than the minimum lot size allowed as a result of the boundary line adjustment or create any non-c,un orming setbacks for any existing structures. 7. We hereby represent that 4 copy of the AfEd _i vit will be recorded with the Garfield County Clerk and Recorder. FURTHER AFFIANTS SAYETH NOT. DONE this day of (4-1/1 , 2007 MCCOMAS PROPERTIES, LLC y: Robert C. McComas, Member WILLIAM R. AND JUDITH J. SLATTERY REVOCABLE TRUST • By: William K. Sh'•.iery 1 udith J. Slattery STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD j The foregoing instrument was acknowledged before me this 9(-6k day of((` 007, by Robert C. McComas, William R. Slattery and Judith J. Slattery. Witness my hand and official seal. My commission expires: a2-1 � o 1 a 4 1 MELODY MASSIH Notary Public State of Colorado 4 —r 2 ry Public --lea zoo and ( atkE' , gi2e. Registered Land Surveyors 818 Colorado Ave>iue Glenwood Springs, Colorado 81601 (970) 945-8664 EXHIBIT A A PARCEL OF LAND SITUATED IN LOTS 1 AND 32 OF SECTION 1, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID LOT 32 SAID POINT ALSO BEING THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN BOOK 963 AT PAGE 917 OF THE RECORDS OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE, FROM WHICH AN IRON POST WITH A BRASS CAP FOUND IN PLACE AND PROPERLY MARKED FOR THE NORTHWEST CORNER OF LOT 9 OF SAID SECTION 1 BEARS S.3C 41'53"W. 953.00 FEET; THENCE N.87 24'00"E. ALONG THE NORTHERLY LINE OF SAID LOTS 32 AND 1, 437.16 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 1; THENCE LEAVING SAID NORTHERLY LINE OF LOT 1 S.26 26'16"W. 530.24 FEET TO THE EASTERLY MOST POINT OF SAID PARCEL OF LAND DESCRIBED IN SAID BOOK AND PAGE; THENCE N.87 06'00"W. ALONG SAID PARCEL 223.40 FEET; THENCE N.02 54'00"W. ALONG SAID PARCEL 444.22 FEET TO THE POINT OF BEGINNING. SAID PARCEL DESCRIBED HEREIN CONTAINS 3.465ACRES, MORE OR LESS. ABOVE DESCRIBED PARCEL IS BEING MERGED WITH A PARCEL OF LAND PRESENTLY IDENTIFIED AS RECEPTION NO. 487564, BOOK 963 AT PAGE 917 OF THE RECORDS OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE. • 111 1111111111111111111111111111111 WARRANTY DEED TIJJS DEED , Made on this day of August 30, 2007 LEONARD B. LANGSTON AND MINDY A. LANGSTON • , between STATE DOCUMENTARY FEE Date: August 30, 2007 $ 47.00 of the County of GARFIELD and State of COLORADO MCCOMAS PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY , of the Grantor(s), and whose legal address is : 5050 154 ROAD GLENWOOD SPRINGS, CO 81601 of the County of GARFIELD and State of COLORADO , of the Grantee(s): IVITNESS, That the Grantor(s), for and in consideration of the sum of ($470, 000.00 ** Four Hundred Seventy Thousand and 00/100 *** 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(s), his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the GARFIELD and State of Colorado, described as follows: County of SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known as street number 6500 HIGHWAY 82, GLENWOOD SPRINGS, CO 81601 TOGETHER with all and singular and 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 whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; 'I'O HAVE AND TO 1101.1) the said premises above bargained and described with appurtenances, unto the Grantee(s), his heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the ensealing 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, sates, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, Subject to general taxes for the year 2007 and those specific Exception° described by reference to recorded documents as reflected in the Title Documents accepted by Grantee(s) in accordance with Section 8a (Title Review) of the Contract to Buy and Sell Real Estate relating to the above described real property; distribution utility casement°, (including cable TV); those specifically described rights of third parties not shown by the public records of which Grantee(a) has actual knowledge and which were accepted by Grantee(s) in accordance with Section Bb (Mattera not Shown by the Public Records) and Section Ba (Survey Review) of the Contract to Buy and Sell Real Estate relating to the above described real property; inaluaion of the Property within any special tax diotrict; and, the benefit and burden° of any declaration and party wall agreements, if any, and other NONE The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee(s), his heirs and assigns, against ll and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the pl ral, and the plural the singular, and the use of any gender shall be applicable to all genders. n IN WITNESS WHEREOF the Grantor(s) has executed this deed on dat et fort above BY: LEON BY: STATE OF COLORADO ) MI )ss. t,)( pL.,GAREIELDd MARY S. WHITWOR I f NOTARY PUBLIC 1.,,MAIFLOF COLORADO My Commission Expires Jar; 24 20 The foregoing instrument was acknowledged before me on this day of August 30, 2007 by LEONARD 13. LANGSTON AND MINDY A. LANGSTON RD B. LANGSTON My commission expires Witness my hand and official seal. Notary Public Name and Address of Person Creating Newly Created Legal Description ( 38-35-106.5, C.R.S.) Escrow# GW63001273 When Recorded Return to: VICKI LEE GREEN REALTORS Title# 0W63001273 Form 82 08/29/04 WD.OPEN WARRANTY DEED (Photographic) 930 GRAND AVENUE, GLENWOOD SPRINGS, CO 81601 (5327224) EXHIBIT A A PARCEL OF LAND SITUATED IN LOTS 1. 8, 9, 32 AND 35, ALL IN SECTION 1, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6TH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, LYING SOUTHERLY OF THE NORTHERLY LINE OF SAID SECTION 1 AND WESTERLY OF THE EASTERLY LINE OF SAID SECTION 1, SAID PARCEL OF LAND IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE LOT LINE BETWEEN SAID LOTS 9 AND 35 WHENCE AN IRON POST WITH A BRASS CAP FOUND IN PLACE AND PROPERLY MARKED FOR THE NORTHWEST CORNER OF SAID LOT 9 BEARS NORTH 87 DEGREES 06 MINUTES 00 SECONDS WEST, 637.64 FEET; THENCE NORTH 26 DEGREES 26 MINUTES 16 SECONDS EAST, 358.58 FEET; THENCE NORTH 87 DEGREES 06 MINUTES 00 SECONDS WEST, 223.40 FEET; THENCE NORTH 02 DEGREES 54 MINUTES 00 SECONDS EAST, 444.22 FEET, MORE OR LESS, TO A POINT ON THE NORTHERLY LINE OF SAID SECTION 1; THENCE NORTH 87 DEGREES 24 MINUTES 00 SECONDS EAST ALONG THE NORTHERLY LINES OF SAID LOTS 1 AND 32, BEING THE SAME AS THE NORTHERLY LINE OF SAID SECTION 1, 1726.75 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF SAID SECTION 1, BEING THE SAME AS THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 00 DEGREES 15 MINUTES 00 SECONDS WEST ALONG THE EASTERLY LINE OF SAID SECTION 1, 939.47 FEET, MORE OR LESS, TO THE SOUTHEAST CORNER OF SAID LOT 8; THENCE NORTH 87 DEGREES 06 MINUTES 00 SECONDS WEST, 1571.75 FEET ALONG THE SOUTHERLY LINES OF SAID LOTS 8 AND 35; THENCE SOUTH 01 DEGREE 14 MINUTES 00 SECONDS WEST, 95.70 FEET TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF COLORADO STATE HIGHWAY NO. 82; THENCE NORTH 65 DEGREES 25 MINUTES 30 SECONDS WEST, 141.94 FEET ALONG SAID RIGHT OF WAY LINE; THENCE NORTH 26 DEGREES 26 MINUTES 16 SECONDS EAST, 47.16 FEET, MORE OR LESS, TO A POINT ON THE NORTHERLY LINE OF SAID LOT 9, THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO Form EXHIBITA 01/17/03 GW63001273 COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS PERMIT Permit $50.00 Date of transmittal 3/24/2008 RegionISection,Patrol 3 / 02 / 12-2 Randy Greeson COOT Permit No. 308034 State Highway NolttlpS de 082A / 6.355 / L Local Jurisdiction !Garfield County The Permittee(s); Applicant: Ref No.: McComas Properties Chris McComas Claris McComas 5050 County road 154 5050 County Road 1 54 Glenwood Springs. CO S1( 1 Glenwood Springs. CO S1601 970-94'5-9194 970-379-5321 is hereby granted permission to have an access to the state highway at the location noted below_ The access shall be constructed. maintained and used in accordance with this permit. including the State Highway Access Code and any attachments. terns. conditions and exhibits. This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any parts of this permit. The issuing authority_ the Department and their duly appointed agents and employees shall be held harmless attainst any action for personal injury or property damage sustained by reason of the exercise of the permit Location: Located on the nortrt side of Hwy 82 Frontage. a distance of 235 feet NW of the Hwy 82/Hwy 82 frontage connection. Access to Provide Service to: tt.and 1 sc+ oik-i (:.,-1_C. OF t_,'.inti (I_ ;nisi 210 - Single -Family Detached !lousing (2 units) Additional Information: MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. Signature Print Name 1 Title Date Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments herein. Ali construction shaii be completed in an expeditious and safe manner and shall be finised within Initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit being used. The permittee shall notify D'Wayne Gaymon with the Colorado Department of Transportation in Grand Junction, Colorado at (970) 683-3355, at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permittee access and accept the permit and its terms and conditions. contained 45 days from prior to have full authority to Permittee S'. • :. r ":"--------7,-----,,. i Print Name Dote _ ' 3 /Me (0)4,v.s- 2- 0 �z,,p This permit is not valid until signed by a duly authorized representative of the Department. COLOR' DO DEPARTMENT OF TRANSPORTATION Signaii Pnn ame 1 Tit Date :of Issuu}ei 44f-et/l `�'C4trJ in✓/, / M y7 1 `--C - r Rnu+red Revian 2 Appi,caN .,C 44O 0s as 3 Stott Access Section Loca A3thonty 4 Central Files TC_ Patrol cs.,ary for: 7r ff� Ernieeer Previous edition are obsolete and may not be used Page 1 of 3 0007 Form 5101 5/07 Form No. GWS -25 APPLICANT OFFICE OF TI-IIPSTATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 • EXST WELL PERMIT NUMBER 67140 - F DIV. 5 WD 38 DES. BASIN MD MCCOMAS PROPERTIES LLC C/O CHRIS MCCOMAS, MANAGER 5050 COUNTY ROAD 154 GLENWOOD SPRINGS, CO 81601- (970) 945-9194 CHANGE/EXPANSION OF USE OF AN EXISTING WELL APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NE 1/4 Section 1 Township 7 S Range 89 W Sixth P.M. DISTANCES FROM SECTION LINES 3720 Ft. from South Section Line 1580 Ft. from East Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: } } ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Roaring Fork River, on the condition that the well shall be operated only when the Basalt Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect and when a water allotment contract between the well owner and the Basalt Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. BWCD contract #536. Approved as a well on a tract of land of 33.08 acres described as that portion of the SW 1/4 of the NE 1/4, Sec. 1, Twp. 7 South, Rng. 89 West, 6th P.M., Garfield County, more particularly described on the attached exhibit A. Further identified as 6500 Highway 82, Glenwood Springs, CO 81601. Approved for the installation of a pump in, and the use of, an existing well, constructed on August 22, 1994, to a depth of 200 feet, under monitoring hole notice MH -23139 and later permitted for use under permit nos. 44059-F (canceled) and 236628 (canceled). Issuance of this permit hereby cancels permit no. 236628. The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling and one accessory dwelling unit (basement apartment). All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as McComas Well no. 1. 7) The pumping rate of this well shall not exceed 15 GPM. 8) The average annual amount of ground water to be appropriated shall not exceed 0.784 acre-foot (255,466 gallons). 9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 10) This well shall be located not more than 200 feet from the location specified on this permit. 11) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. NOTE: Basalt Water Conservancy District (BWCD) contract no. 536 is for a total of six (6) dwelling units and use under this permit is for two (2) of the dwelling units as noted above, No outside uses are allowed under BWCD contract no. 536. NOTE: Section 1 is an irregular "SHORT" section. NOTE: Monitoring hole notice MH -23139 and canceled permit nos. 44059-F and 236628 were previously issued for this well. NOTE: Parcel Identification Number (PIN): 23-2395-011-00-023 NOTE: Assessor Tax Schedule Number: R011468 (totaling 33.08 acres) • APPROVED DMW Receipt No. 9503023 State Engineer DATE ISSUED 05-12-2008 By EXPIRATION DATE 05-12-2009 Parcel Detail Page 1 of 4 • Garfield County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search 1 Assessor Subset Query 1 Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics 1 Tax Information Parcel Detail 1 Value Detail 1 Sales Detail 1 Residential/Commercial Improvement Detail Land Detail 1 Photographs Tax Area 011 Account Number R011468 Parcel Number 239501100023 2007 Mill Levy 60.843 Owner Name and Mailing Address MCCOMAS PROPERTIES LLC 5050 154 RD GLENWOOD SPGS, CO 81601 Assessor's Parcel Description (Not to be used as a legal description) SECT,TWN,RNG:1-7-89 DESC: TR IN THE NE1/4 BK:0518 PG:0269 BK:0485 PG:0106 RECPT:731957 BK:0901 PG:0904 Location Physical Address: 6500 HIGHWAY 82 CARBONDALE Subdivision: Land Acres: 33.08 Land Sq Ft: 0 Section Township Range 1 7 89 2008 Property Tax Valuation Information http://www.garcoact.com/assessor/Parcel.asp?AccountNumber=R011468 5/12/2008 Parcel Detail Page 2 of 4 • • Land: Improvements: Total: Actual Value 187,000 249,220 436,220 Assessed Value 14,890 19,840 34,730 Sale Date: Sale Price: 8/30/2007 470,000 Basic Building Characteristics Number of Residential Buildings: Number of Comm/Ind Buildings: 1 0 Tax Information Tax Year Residential Building Occurrence 1 Characteristics Amount TOTAL HEATED AREA: 2,548 ABSTRACT CODE: SINGLE FAM.RES- IMPROVEMTS ARCHITECTURAL STYLE: MANUFACTURED EXTERIOR WALL: MASONITE ROOF COVER: COMP SHNGL ROOF STRUCTURE: GABLE INTERIOR WALL: DRYWALL FLOOR: SHT VINYL FLOOR: CARPET HEATING FUEL: GAS HEATING TYPE: HOT WATER STORIES: STORIES 1.0 BATHS: 2.7 ROOMS: 6 UNITS: 1 BEDROOMS: 4 YEAR BUILT: 1994 Tax Information Tax Year Transaction Type Amount 2007 Tax Payment: First Half ($1,056.54) http://www.garcoact.com/assessor/Parcel.asp?AccountNumber=R011468 5/12/2008 $1,616.12 Parcel Detail Page 3 of 4 • • 2007 2006 2006 2006 2005 2005 2005 2004 2004 2004 2003 2003 2003 2002 2002 2002 Tax Amount Tax Payment: Second Half Tax Payment: First Half Tax Amount Tax Payment: Second Half Tax Payment: First Half Tax Amount Tax Payment: Second Half Tax Payment: First Half Tax Amount Tax Payment: Second Half Tax Payment: First Half Tax Amount Tax Payment: Second Half Tax Payment: First Half Tax Amount $2,113.08 ($804.56) ($804.56) $1,609.12 ($808.06) ($808.06) ($804.31) ($804.31) $1,608.62 ($676.19) ($676.19) $1,352.38 ($703.12) ($703.12) $1,406.24 2001 Tax Payment: Second Half ($707.01) 2001 Tax Payment: First Half ($707.01) 2001 Tax Amount $1,414.02 2000 Tax Payment: Second Half ($751.99) 2000 Tax Payment: First Half ($751.99) 2000 Tax Amount $1,503.98 1999 Tax Payment: Second Half ($741.77) 1999 Tax Payment: First Half ($741.77) 1999 Tax Amount $1,483.54 Top of Page Assessor Database Search Options 1 Treasurer Database Search Options Clerk & Recorder Database Search Options Garfield County Home Page The Garfield County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Garfield County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. http://www.garcoact.com/assessor/Parcel.asp?AccountNumber=R011468 5/12/2008