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HomeMy WebLinkAbout1.0 ApplicationThe following is a summary of actions/clarifications taken per notification by the Community Development Department R.E. Roe Accessory Dwelling Unit Administrative Land Use Change Permit, File number GAPA-8285. 1. The applicants have revised the permit application to include waiver requests for: a. Site plan with topographic maps. The applicants request a waiver for a site plan with topographic information. The applicants have a site plan without topographic variations by a licensed surveyor and have included topographic maps of the area and aerial views of the proposed site to indicate that the application achieves the intent of the standard. Please refer to section G on the digital format and the site plan section of the hard copy. b. Traffic plan. The applicants obtained the most recent traffic study from the Garfield County Road and Bridge Department which can be found in section K on the digital format and under the traffic study section of the hard copy. The waiver is requested due to the limited project size and complexity. c. Waste water treatment plan. The applicants are requesting a waiver until known whether the application will be approved. At that point the applicants will obtain permits and the accompanying soil testing/percolation tests as required by county and state building codes. 2. The applicants have submitted 3 hard copies (to Mr. Hartman on 4/27/2015) of the original warranty deeds indicating that they are the sole owners of the mineral rights of the property on which the proposed ADU will reside. The original warranty deed is found in section 0 of the amended digital format . 3. The applicants would like to strike the Declaration of Community Water Well Sharing and Maintenance Agreement from the submittal documents. Although the agreement references water well 191876, the well that is actually shared between parcels 2, 3 and 4 is 191875. Well permit 191876 is the well located on parcel 5 which is the proposed property for the ADU and does not share with other homeowners. 4. Roadway waiver request. The applicants have included a letter from Eric Brynildson,PE determining that the present roadway is adequate to serve the proposed accessory dwelling unit. Said letter is in section J6 of the digital format, an electronic submittal was forwarded to Mr. Hartman by Mr. Brynildson and 3 hard copies have been submitted. 5. The applicants are submitting at this time an updated digital format of the required documents. GARFIELD COUNTY Community Development Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www. d arfield-county. com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2403-242-00-059 PROJECT: Roe Accessory Dwelling Unit (ADU) OWNER: Timothy and Ida Lynn Roe PRACTICAL LOCATION: 6650 County Road 319 ZONING: Rural (R) TYPE OF APPLICATION: Administrative Review for Accessory Dwelling Unit DATE: 7/9/14 I. GENERAL PROJECT DESCRIPTION The Applicant is planning to construct an additional dwelling unit on their property. The property is known as Lot 5 of the Roe Subdivision Exemption and is 40.05 acres 'in size. The accessory unit will be served by an existing well (to be shared with the original home) and by a new on site waste water system. Utilities and access exists to the property. The site is zoned Rural and will be subject to standard zoning provisions including setbacks and building height. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS • Garfield County Comprehensive Plan 2030 as amended • Garfield County Land Use and Development Code as amended o Article III, Zoning • Rural Zone District - Lot/Building Requirements (Table 3-201) and Use alik Table (Table 3-403) o Article IV, Application and Review Procedures sNa6 ■ Administrative Review (Section 4-103) ■ Common Review Procedures (Section 4-101) • Table 4-102 Common Review Procedures and Required Notice • Table 4-201 Application Submittal Requirements • Description of Submittal Requirements (Section 4-203) • Section 4-118 Waiver from Standards • Section 4-202 Waiver from Submittal Requirements o Article VII, Standards — Division 1 General Standards, Division 2 General Resource Protection Standards, Division 3 Site Planning — as applicable • Standards Applicable to an Accessory Dwelling Unit (Section 7-701) III. COMPREHENSIVE PLAN 2030 In Chapter 2, Future Land Use, the Garfield County Comprehensive Plan 2030 indicates that ADU's shall be included in the Comprehensive Plan density recommendations. The property is designated Residential Medium High (2 to < 6 Acres/DU). An excerpt from the Future Land Use Map is attached. The Applicant's proposed density is consistent with the plan designation. IV. REVIEW PROCESS In summary, the Application will follow the Administrative Review Process contained in Sections 4-101 and 4-103 and Table 4-102 (also see attached flow chart): 1. Pre -application Conference 2. Submittal of Application (3 copies plus a copy on CD) 3. Determination of Completeness 4. If Technically Complete the Applicant will be notified and the request scheduled for a Decision by the Director. If it is not Technically Complete the Applicant will be advised of the deficiencies. 5. Additional copies of the Application are provided for referral agencies. 6. Applicant completes public notice mailing by certified mail to adjacent property,owners within 200' and mineral rights owners on the property. The mailing is required to be a minimum of 15 days prior to the Director's Decision 7. Staff prepares a report including public and referral comments 8. Director's Decision 9. There is a ten day call-up period after which the action becomes final provided there are no requests for a call-up by the Board of County Commissioners or requests for reconsideration. 10.Once all conditions of approval are met the Land Use Change Permit can be issued. V. ADDITIONAL DETAILS ON PROCESSING AND SUBMITTAL REQUIREMENTS In addition to the submittal requirements documented in Table 4-102 and Section 4-203 the following clarifications are provided. • A list of property owners within 200 ft. will have to be provided and said owners will receive public notice of the date set for the Director's Decision. Information on mineral rights ownership on the site will also be required and owners of mineral rights will also receive public notice. • A copy of a deed confirming the Applicant's ownership of the property also needs to be provided along with any authorizations to represent and statements of authority (typically required for LLC's and Corporations). • The Application will need to demonstrate a legal and physical supply of water (water supply plan) adequate to serve the additional unit. Well pump tests and water quality testing will be required unless waivers are requested and approved. • Relevant information from the Subdivision Exemption Approval that created Lot 5 should be included (i.e. plat notes regarding wild fire standards) • A waste water treatment plan with information regarding on-site waste water treatment (formerly known as an ISDS) will be required. • The Application will need to address any natural hazards or soils constraints on the site. • The Site Plan needs to show improvements on the site including locations for access driveways, parking areas, wells, septic fields, proposed infrastructure (i.e. water lines for the shared well), existing structures, and the proposed ADU. The Site Plan should include information on the size of structures including the proposed ADU. Waivers from some site plan elements including topographic mapping may be considered. Alternate means of demonstrating that there are not slope constraints on the site/ADU location would be appropriate as part of any waiver request (i.e. photographs, USGS Topo Mapping, Goggle Earth Imagery). • The Applicant may request waivers from submittal requirements in accordance with Section 4-202. Based on the pre -application discussions it appears that a Development Agreement and Improvements Agreement will not be applicable. Other submittal requirements including elements of the Impact Report may also be appropriate for waiver requests. Traffic information should be provided but a waiver may be requested from the completion of a full traffic study. • The Application needs to address the Standards contained in Article 7 including Section 7-701 that deals specifically with ADU's. Some article 7 Sections may not be applicable, may be addressed by general information provided by the Applicant, -or may have previously been addressed as part of the Subdivision Exemption approvals that created the site/lot. Waivers from Article 7 Standards can be requested in accordance with Section 4-118. A waiver request from Section 4-107 Access and Roadway standards may be appropriate based on the existing access road and Subdivision Exemption Approvals. • A supplemental meeting with Staff to answer any follow-up questions on application submittals and waiver requests is suggested. VI. APPLICATION REVIEW a. Review by: b. Public Hearing: Staff for completeness recommendation and referral agencies for additional technical review X Director (noticed but not a public hearing) _ Planning Commission _ Board of County Commissioners _ Board of Adjustment 3 c. Referral Agencies: May include but are not limited to Garfield County Road and Bridge, Garfield County Attorney, Fire Protection District, Garfield County Environmental Health Manager, Colorado Division of Water Resources, Garfield Consulting Engineer. VII. APPLICATION REVIEW FEES a. Planning Review Fees:$ 250.00 b. Referral Agency Fees: $ TBD (consulting engineer/civil engineer fees) c. Total Deposit: $ 250.00 (additional hours are billed at $ 40.50 /hour) VIII. GENERAL APPALICATION PROCESSING Planner reviews the case for completeness and sends to referral agencies for comments. Planner will contact the Applicant and set up a site visit. Planning Staff reviews application to determine if it meets standards of review. Planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body which in the case of Administrative review is the Director of the Community Development Department. IX. DISCLAIMER The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not .preate a legal or vested right. X. PRE -APPLICATION SUMMARY PREPARED BY: 7 /11//4(. - Glenn Hartmann Date Senior Planner 4 Garfield County Community Development Department 108 8"' Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com f Jgrv NMOL ED P R.. .2:1 Owner/Applicant Name: 11 inDtu Pt 4 Tht-- .rwi e - Mailing Address: City: -c I so c 11 Phone: ( 9?O ) State: CO Zip Code: /fir f- tj E-mail: Ida_ I yn n rDE 6 r.}1oL% e C;bil Representative (Authorization Required) Name: Phone: ( Mailing Address: City: State: E-mail: Zip Code: ^3s Project Name: Roy r'=xply ti n P rrc Assessor's Parcel Number: (965-0 ` / 17 3 - 2/ �'? - d 0__ - 0 6 1 Physical/Street Address: 69 & 5C) CR_ 31 q Legal Description: ,5 pe Q 7fla (/ ed Zone District: R Property Size (acres): 1/2). (aVF Ue_,k l,J'Jf�'Jl,' �..r"�:: _' I�C T, '0% Administrative Review ■ Development in 100 -Year Floodplain • Limited Impact Review 0 Development in 100 -Year Floodplain Variance • Major Impact Review • Code Text Amendment • Amendments to an Approved LUCP 0 Rezoning ❑ Zone District ❑ PUD ❑ PUD Amendment 0 LIR ■ MIR • SUP • Minor Temporary Housing Facility ■ Administrative Interpretation • Vacation of a County Road/Public ROW 0 Appeal of Administrative Interpretation • Location and Extent Review • Areas and Activities of State Interest • Comprehensive Plan Amendment ❑ Major ❑ Minor ■ Accommodation Pursuant to Fair Housing Act ❑ Pipeline Development • Variance • Time Extension (also check type of original application) NMOL ED P R.. .2:1 Owner/Applicant Name: 11 inDtu Pt 4 Tht-- .rwi e - Mailing Address: City: -c I so c 11 Phone: ( 9?O ) State: CO Zip Code: /fir f- tj E-mail: Ida_ I yn n rDE 6 r.}1oL% e C;bil Representative (Authorization Required) Name: Phone: ( Mailing Address: City: State: E-mail: Zip Code: ^3s Project Name: Roy r'=xply ti n P rrc Assessor's Parcel Number: (965-0 ` / 17 3 - 2/ �'? - d 0__ - 0 6 1 Physical/Street Address: 69 & 5C) CR_ 31 q Legal Description: ,5 pe Q 7fla (/ ed Zone District: R Property Size (acres): 1/2). (aVF -E , ),--'%4';-!Pg clwvy? Existing Use: 5 r kr -Pa rn 'di.. re a nC"C_ Proposed Use (From Use Table 3-403): `7 ( I Description of Project: WC'_ cure_ erc 1 tDc - ((.PbO 5c uc.re V Submission Requirements The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Crradinr 4 DrJiric,Je Section: Section: T , n,p f/n6 t i J Section: Waiver of Standards ❑ The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Vv«1c r X71 p rUrSection: Section: -� Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. Signature of Property Owner Date File Number: Fee Paid: $ - 0 c3 O -0 r- 3 co w Co O 0 0 11) '<G Ell Cr W _0 CD 0 CD0 C f0. C 0 0 O m `< O z -0 0 B. a 0 0 = n 0 -CD C- a' 5 S co 0 3 c 0to m 0 CD cn 0 0 05,4 w sy ra 0 spJepue;s;o .genie/ 0) O 0. 3 U) E CD 5 0 4 0) ID ID O O 9 0) C) 0 0 - CD O CD 3 4D 0. 3 O N 0 0 SU 0 0 0 ID I O 0 0. O 5' 0 O 3 0C 0) r 3 3 ID ID CD c. a- 3 m 0. 3° 0 0 3 0 to O 0 0 0 Q1 C P.7 traCD d 3Q ra MI o m o 0 n s. o o 4.3 D S ® N CDg m ra. 0o 0 E 0. m �` ID 0 A .'N Q co O" General Application Materials Vicinity Map Site Plan Grading and Drainage Plan Landscape Plan Impact Analysis Rezoning Justification Report . Statement of Appeal Development Agreement' Improvements Agreement'` Traffic Study Water Supply/Distribution Plan Wastewater Man./treat Plan iilli1111311113 Floodplain Analysis > 0 (1) 0 Es 3 al ao m 0 o 00 v 3 3 0 0 a, m5'o-a i>a n0 m CD CD �. *CD 0 ri s m a 0 po fo 3 v o 0 N CL- 91 CD : cr r�P co co 7 3 F2 o5 21)® UJ co . 0 m 0 3 CD 0 0 3 0 3 (n en =i ce 0 na.n o -• ID a .� 0. (,�ym0 8 CD II) o a � a) -� .00.. 0 . 0. m 0 o m m n m 0 n tX O _ 00. fl73 coJ W O C 0 gCD O CD IDTA- ID Summary Section 7 Garfield Land Use a nd Development Code 7-101. ZONE DISTRICT USE REGULATIONS. The applicants considered use lies within the approved zoning requirements as indicated on the Land Use Change Permit Application Form. 7-102. COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS. An excerpt from the Garfield County Comprehensive Plan is included under the development/improvements section of the application 7-103. COMPATIBILITY. The nature, scale, and intensity of the proposed use are compatible with adjacent land uses and are outlined under the Impact analysis section of the application. 7-104. SOURCE OF WATER. All applications for Land Use Change Permits shall have an adequate, reliable, physical, longterm, and legal water supply to serve the use. The documentation for the existing well from which the ADU would obtain its domestic water is included in the water supply section of the application. 7-105. CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS. The water distribution systems. Is in place as an existing well. The documentation for such is included in the water supply section of the application. The proposed wastewater system for the accessory dwelling unit is addressed the waste water section of the application. 7-106. PUBLIC UTILITIES. Public utilities are available to the site. Refer to the subdivision exemption plat section of the application for review of easements and power lines in existence. 7-107. ACCESS AND ROADWAYS. Documents related to the driveway are included in the development and improvements section of the application. The subdivision exemption plat delineates the owner's right-of-way. The existing driveway meets the requirements for a primitive/driveway with one exception (barrow ditch on both sides of road) which is addressed in the developments and improvements section of the application. 7-108. USE OF LAND SUBJECT TO NATURAL HAZARDS. The impact analysis section of the application addresses natural hazards of the proposed site. 7-109. FIRE PROTECTION. The applicant's proposed site is located outside any city limits of the county but the site is identified on wildland fire maps for Garfield County in the developments and improvements section of the application. 7-201. AGRICULTURAL LANDS. The proposed site lies more than 500 feet for the agricultural operation on the west and south boundaries. This may be reviewed on the map provided in the site plan section of the application. At present there are no fences between the applicant's site and the southern boundary. We have requested a waiver for development of a fence line in the development and improvements section of the application. 7-202. WILDLIFE HABITAT AREAS. Wildlife and native vegetation are addressed in the impact analysis section of the application. 7-203. PROTECTION OF WATERBODIES. The minimal setback of 35 feet is in place. This can be reviewed on the map located in the site plan section of the application. 7-204. DRAINAGE AND EROSION. Drainage and erosion are addressed in the drainage and grading section of the application. Note that the construction of the proposed ADU will disturb less than 1 acre. 7-205. ENVIRONMENTAL QUALITY. The proposed ADU will be a single family dwelling which would not impact air quality below set standards. 7-206. WILDFIRE HAZARDS. This is addressed in the development and improvements section of the application with multiple maps. The home will be built to meet building codes, including the standards for roofing materials. 7-207. NATURAL AND GEOLOGICAL HAZARDS. This section is addressed in the impact analysis and development and improvements sections of the application. 7-208. RECLAMATION. Reclamation of the site is addressed in the site plan section of the application. 7-701. ACCESSORY DWELLING UNIT. The ADU will not exceed 3,000 square feet which is the maximum for any lot 4 acres or greater. The applicant are the sole owners of the proposed site. The Deed of Trust and Warranty Deed are included in the application. The ADU in intended for residential use. The applicant's general contractor shall comply with the standards set forth in this Code and with Building Code requirements. The proposed site meets the minimum lot area of 2 acres. The ADU shall have a separate entrance. LFGAL DESS Parcel "5" That portion of Sect ^- 7."'t 7 . ship 7 South, -Range 93 West, of the Sixth Principal Meridian, County=odo, described as follows: Note: Basis of Bearing is the r e= e qu, ,, er of Section 13, Township 7 South, Range 93 West of the S x-''- 77S e• ted with a found USGLO brass cap at the southwest corner of said Sect -7- _ -_ed stone at the west one quarter corner of said Section 13, with c.7 CSF._Te Beginning at the southwest corner of Section 13, a found USGLO _gross cap; Thence N00-20'51 "W, along the west line of the southwest one qu,_rter of said Section 13, a distance of 295.68 feet; Thence 550'14'33"E, departing said west line, a distance of 56.49 feet; Thence N76'20'55"E a distance of 53.63 feet; Thence S59'32'29"E a distance of 45.34 feet; Thence S79'01'43"E a distance of 144.00 feet; Thence S21'04'53"E o distance of 43.40 feet; Thence S44'44'35"E o distance of 57.64 feet; Thence S76'06'59"E a distance of 41.31 feet; Thence N71'02'53"E a distance of 33.67 feet; Thence S57 18' 15"E a distance of 71.76 feet; Thence S73'20'14"E a distance of 73.01 feet; Thence S41'40'56"E a distance of 31.82 feet; Thence 502'18'13"W m distance of 15.02 feet; Thence S86'03'40'°E c distance of 9627 feet; Thence S24'35'€10"E a d`stersoe of 55.83 feet; Thence S82 5''59"E a =fiesta ,ce of 22.45 feet; Thence 'f69'37'55' t a distaA-e of 45.03 feet; Ther ce 534-49'08-E a distance of 71.33 feet; came 4.;:'750'44"E a distance of 58.47 feet to a point on the south line of said Section 13; Tie ' e S ?9'52'42"E, along said south line, a distance of 77.44 feet; Thence 54530'37"E, deporting said south line, a distance of 26.93 feet; Thence 576'08'39"E o distance of 54.29 feet; T ence N83`07'04"E a distance of 46.84. feet; =.g S20 37'00"E a distance of 104.04 flet; -_e 559"17'04"E a distance of 102.88 feet; 589'47'22"E a distance of 130.88 feet; - -� 57731'56"E a distance of 52.66 feet; 3!€"16'18"E a distance of 25.66 feet, to a point on the east line of the northwest one the northwest one quarter of said Section 24; x7.'.704'01 "E, along said east line, a distance of 1087.20 feet to the southeast corner of • -_--rest one quarter of the northwest one quarter of said Section 24; =--= 559.14'06"W, along the south line of the northwest one auorter of the northwest one - ^= said Section 24, a distance of 1316.13 feet to the southwest corner of the northwest -e of the northwest one quarter of said Section 24; = 0.90`24'03"E, along the west line of the northwest one quarter of the northwest one of said Section 24, a distance of 1302.50 feet to the Point of Beginning. 'c' ting 40.045 acres, more or Tess. 2 r 28 VICINITY MAP FAT} ED ELI 1334A1 Ell #S0 Walmart Tire & lube Express 3LE "". Eft • • EMI Garfield County, CO 1 Map Print Page 1 of 1 Owner Information ROE, TIMOTHY ALLEN & IDA LYNN 6650 COUNTY ROAD 319 RIFLE, CO 81650 Parcel Number: 240324200059 Site Information Acres: 40.045 Account Number: R247301 2403 Thes is map is for illustrative purposes only and donot represent a survey. It Is provided is' without warranty or any representation of accuracy, timeliness or completeness. The Garfield Countyf CO r acknowledges and accepts all Inherent limitations of the maps and data, including the fact that the maps and data are dynamic and in a constant state of revision, maintenance, and correction. No liability is assumed by Garfield County as to the accuracy of the data delineated herein. Date Printed: 07/09/2014 Garfield County, CO Map Print Page 1 of 1 Public Lands Owner Information ROE, TIMOTHY ALLEN & IDA LYNN 6650 COUNTY ROAD 319 RIFLE, CO 81650 Parcel Number: 240324200059 Site Information Acres: 40.045 Account Number: R247301 PL Public Lands J USDA NAIP 1 Rob Hykys CO —This map is for Illustrative purposes only and does not represent a survey. It is provided 'as is' without warranty or any representation of accuracy, timeliness or completeness. Th Garfield County, user acknowledges and accepts all inherent limitations of the maps and data, including the fact that the maps and data are dynamic and in a constant state of revision, ma ntenance Date Panted: 07/09/2014 and correction. No liability is assumed by Garfield County as to the accuracy of the data delineated herein http://gis.garfield-county.comIsidwell/print/?extent=263431.694460547,4367608.3 97,26656... 7/9/2014 Site Plan Attached is the site plan completed by a licensed surveyor at a scale of 1 inch equal to 200 feet as required. The plan indicates the proposed location of the ADU and the proposed location of the wastewater system. In addition we have indicated the location of the culvert in the driveway that allows for the flow of West Mamm Creek which is the north border of the property. We have included topographic maps and aerial views of the site for review in conjunction with the surveyor's scaled map. SITE PLAN PARCEL 5 ROE SUBDIVISION EXEMPTION GARFIELD COUNTY, COLORADO GLO REF MONUMENT N 46°28'38" W 47.14' N 46°28'38" W 47.14' L13 SURVEYOR'S CERTIFICATEt I DAVID C. NICHOLSON, A LICENSED SURVEYOR IN THE STATE OF COLORADO, CERTIFY THAT I HAVE LOCATED THE PROPERTY LINES FOR THE PROPERTY SHOWN HEREON AND HAVE INDICATED THE LOCATION OF PROPOSED IMPROVEMENTS AS DIRECTED BY THE PROPERTY OWNER OR THE OWNER'S REPRESENTATIVE AS SHOWN HEREON. THIS CERTIFICATION APPLIES TO PROPOSED IMPROVEMENTS AND DOES NOT REPRESENT AN IMPROVEMENT LOCATION CERTIFICATE OR IMPROVEMENT SURVEY. CD GLO REF MONUMENT T SHED 0 GAS WELL 27 L19 27L22 Marna? Creek WATER WELL® GARAGE POST SHED 0 r. Ovj 0 c" 13,3 .1\7 4-10USE .1,1° L25 L2E27 0 DAVID C NICHOLSON P. L. S. 34585 N 89°14'06" E 1316.13' Divide Creek 0 z 200' 400' 600' ONE INCH = TWO HUNDRED FEET LINE BEARING DISTANCE L1 S 50°14'33" E 56.49' L2 N 76°20'55" E 53.63' L3 S 59°32'29" E 45.34' L4 5 79°01'43" E 144.00' L5 S 21°04'53" E 43.40' L6 S 44°44'35" E 57.64' L7 S 76°06'59" E 41.31' L8 N 71°02'53" E 33.67' L9 S 57°18'15" E 71.76' L10 S 73°20'14" E 73.01' L11 S 41°40'56" E 31.82' L12 S 02°18'13" W 15.02' L13 S 86°03'40" E 96.27' L14 S 24°35'00" E• 55.83' L15 S 8750'59" E 22.45' L16 N 69°37'55" E 45.03' L17 S 34°49'08" E 71.33' L18 N 00°50'44" E 58.47' L19 S 89°52'42" E 77.44' L20 S 45°30'37" E 26.93' L21 S 76°08'39" E 54.29' L22 N 83°07'04" E 46.84' L23 S 20°37'00" E 104.04' L24 S 59°17'04" E 102.88' L25 S 89°47'22" E 130.88' L26 S 70°31'56" E 52.66' L27 S 86°16'18" E 25.66' DIVIDE CREEK SURVEYORS INC. DAVID C. NICHOLSON Professional Land Surveyor L.S. 34585 0029 Colorado River Road New Castle, Colorado (970) 876-5632 (970)355-9306 SITE PLAN 6650 COUNTY ROAD 319 RIFLE, COLORADO FEBRUARY 10, 2015 PROJECT: 15006 PARCELS SITE.DWG : rto:Qtati 4.1 : 7 , MyTopo Map Print - proper1J c jrc.lect • �7 Page 1 of 1 To (';Ftp 6479 (J etyse — i''i _-T, , '�! • G 0 0 0.5 Mi 2000 Ft is Map provided by MyTopo.com We s4- MrMmm CreeX [,650 County Road 319, Rifle. t:I) u7 6:,C Explore this area iprtrseci. Apt 6650 Vo Rd 319, Rifle, CO 81650 Street View • Search nearby Grading and Drainage We are requesting a waiver for the Grading and Drainage section as the proposed ADU will have the typical footprint of a small dwelling unit with the specifics as follows: 1. As noted in the submitted site plan, the proposed ADU will sit immediately adjacent to the existing road to the site, the existing circular driveway, approximately 40 feet from the existing garage and approximately 120 feet from the existing home. 2. The excavation should be able to commence after the spring thaw and be completed within the summer and fall months so there will be no damage to land surface due to wet soil. 3. The existing natural grasses found in the proposed site will be replanted after construction. Minimal landscaping is proposed as the natural grass meadow will surround the site and the unit will incorporate a deck at the access doors. ' 4. As can be noted in the topographical map the site is level and does not include extreme slopes, indicating that there will be minimal impact to consider and that the grading and drainage can be addressed during construction by the general contractor in accordance with standard building requirements. If the general contractor determines there is an issue with the site during the initial grading phase, a soils analysis with be conducted. Landscape Plan The satellite map that follows shows the existing vegetation for the proposed site which is circled. The existing trees that are shown are native pinyon pine and cedar. As noted in the Grading and Drainage waiver request, the existing native grasses will be replanted after completion of the construction. No additional trees will be planted and the home will have an attached porch/deck at the entrance. (hotels•restaurants) e, CO 91650 nearby Impact Analysis G.1.2.3.4.5.6.7.8 We are requesting a waiver for an official impact analysis. We are addressing the existing conditions and the potential changes created by the project as follows. 1. The adjacent properties within 1,500 feet are a home site occupied by Ball family, ranching/agricultural use by LV Bar Ranch LLC and vacant, primitive scrub land owned by Miller and Williams which could be used as future home sites. 2. West Mamm Creek is the border between the Ball property, the Williams property and the proposed project. The creek runs through a meadow which is over 500 feet from the proposed project. The existing home and proposed ADU is on an 80 foot ridge above the creek so natural hazards of flooding or a high water table are not applicable. This can be viewed on the satellite maps in the Vicinity Map section. 3. The soil is typical for a lower elevation scrubland of a pinyon pine and cedar forest interspersed with sagebrush and native grass plains. This also may be viewed on the aerial view of the site included in the site plan section. The soil was deemed appropriate for building for the existing home. 4. The proposed ADU is within close proximity to the existing home so minimal disturbances of wildlife is anticipated. The existing home does not lie in a migration corridor for wildlife. 5. The landscape plan for the proposed ADU includes the return of the land surface disturbances to the native grasses that are in place at present. 6. The proposed project will be on a level area of a native grass and sagebrush with a minimal slope up to a hillside. This can be viewed on the aerial map attached to the site plan section. As such, no geological hazards such as falling rock, landslide areas or mudslide areas are identified. 7. There is a natural gas well on the proposed site but the ADU will be placed outside of the 200 foot set -back required by the Colorado State Oil and Gas Commission. The applicants consulted with Mr. David Tabasco of the Colorado State Oil and Gas Commission and he confirmed the standard. 8. A waiver is requested for an official, comprehensive evaluation of groundwater and aquifer recharge section. The proposed project is a single family dwelling with a minimal footprint. The unit will utilize domestic water but additional landscaping is deferred to mitigate additional water needs. Please refer to the Water Supply section for the specifics about the existing well that will be used as the domestic water supply. 6.7.8. A waiver is requested for an official, comprehensive evaluation of environmental, nuisance and hours of operation sections as the proposed unit is a single family ADU which will generate a minimal footprint. SITE PLAN PARCEL 5 ROE SUBDIVISION EXEMPTION GARFIELD COUNTY, COLORADO GLO REF MONUMENT N 46°28'38" W 47.14' N 46°28'38" W 47.14' z SURVEYOR'S CERTIFICATE1 I DAVID C. NICHOLSON, A LICENSED SURVEYOR IN THE STATE OF COLORADO, CERTIFY THAT I HAVE LOCATED THE PROPERTY LINES FOR THE PROPERTY SHOWN HEREON AND HAVE INDICATED THE LOCATION OF PROPOSED IMPROVEMENTS AS DIRECTED BY THE PROPERTY OWNER OR THE OWNER'S REPRESENTATIVE AS SHOWN HEREON. THIS CERTIFICATION APPLIES TO PROPOSED IMPROVEMENTS AND DOES NOT REPRESENT AN IMPROVEMENT LOCATION CERTIFICATE OR IMPROVEMENT SURVEY. L13 0 Lc) 0 l‘r) OLD REF MONUMENT 200.00' SHED GAS WELL 277.57, 0 GARAGE ,(0 POST X/SHED WATER WELL® 27L.2.2 7 L25 1-4.2 DAVID C NICHOLSON P. L, S. 34585 N 89°14'06" E 1316.13' 0' 200' 400' 600' 0 CN 00 0 0 0 ONE INCH = TWO HUNDRED FEET LINE BEARING DISTANCE L1 S 50°14'33" E 56.49' L2 N 76°20'55" E 53.63' L3 S 59°32'29" E 45.34' L4 S 79°01'43" E 144.00' L5 S 21°04'53" E 43.40' L6 S 44°44'35" E 57.64' L7 S 76°06'59" E 41.31' L8 N 71°02'53" E 33.67' L9 S 57°18'15" E 71.76' L10 S 73°20'14" E 73.01' L11 S 41°40'56" E 31.82' L12 S 0718'13" W 15.02' L13 S 86°03'40" E 96.27' L14 S 24°35'00" E 55.83' L15 S 82°50'59" E 22.45' L16 N 69°37'55" E 45.03' L17 S 34°49'08" E 71.33' L18 N 00°50'44" E 58.47' L19 S 89°52'42" E 77.44' L20 S 45°30'37" E 26.93' L21 S 76°08'39" E 54.29' L22 N 83°07'04" E 46.84' L23 S 20°37'00" E 104.04' L24 S 59°17'04" E 102.88' L25 S 89°47'22" E 130.88' L26 5 70°31'56" E 52.66' L27 S 86°16'18" E 25.66' DIVIDE CREEK SURVEYORS INC. DAVID C. NICHOLSON Professional Land Surveyor L.S. 34585 0029 Colorado River Road New Castle, Colorado (970) 876-5632 (970)355-9306 SITE PLAN COUNTY ROAD 319 RIFLE, COLORADO FEBRUARY 10, 2015 PROJECT: 15006 PARCELS SITE.DWG Developments and Improvements Agreements Section 1. We are requesting a waiver for the Development Agreements and Improvements Agreement sections. a. The proposed site lies entirely on property owned by the applicant. A copy of the original survey with easements noted in survey is attached. b. The proposed project is a single family dwelling and as such does not necessitate public improvements of the property. 2. A map of the Comprehensive Plan for Future Land Use for the proposed site is attached for review. 3. Maps of the Wildland Fire Protection Plan for the proposed site are attached for review. 4. A geological hazards map is included. The proposed site lies outside of the boundaries for which geological hazards has be mapped. 5. We are requesting a waiver for the driveway access for the ADU. a. The route of the existing driveway off of CR 319 can be viewed on the copy of the original survey and additional driveway access is not required as the ADU site location is immediately adjacent to the existing home's driveway. b. The driveway was originally built by Snyder Oil for their access to the drilling site. The driveway is a gravel, single lane road. The driveway has barrow ditches along one side the entire distance but not both sides. It has a 100 foot section that is approximately a 6-8% grade but there are no grades greater than 12%. c. The driveway is maintained by applicants. d. Pictures of the road are attached for evaluation. 6. We are requesting a waiver for building a fence on the southern boundary to separate the site from the existing agricultural/grazing operation. The homeowners of the proposed site and agricultural/grazing operation have co -existed without issues since the existing home was built in 1998. EXCERPT FROM COMPREHENSIVE PLAN FUTURE LAND USE MAP ie Area3 Applicant's Site Wildfire/Geological Hazards The proposed site lies in the Colorado River Fire Rescue District. Attached are the Wildland Fire Intensity Index and the Wildland Fire Intensity Index with the proposed site circled. Excerpt from web page: Colorado River Fire Rescue was established as a Fire Authority on September 26, 2012 as a joint effort between Burning Mountains Fire Protection District and Rifle Fire Protection District to provide better service to our communities while avoiding additional costs. Colorado River Fire Rescue provides Fire, EMS, Hazardous Materials and Rescue response for the Town of New Castle, the Town of Silt, the City of Rifle and surrounding areas with a total response area of approximately 851 square miles. Colorado River Fire Rescue is a combination fire authority utilizing Volunteer, Part Time and Full Time staffing. The Fire Authority maintains seven stations: four staffed stations, one station staffed, through an ongoing partnership, by Interagency Wild Land Firefighters, one unstaffed station and one station used for fleet maintenance. Stations: Station 41— Administrative offices and staffed response station for the northern section of Rifle and surrounding areas. - Located at 1850 Railroad Avenue, Rifle Co 81650 Station 42 - Interagency fire station shared with U. S. Forest Service/ Bureau of Land Management fire agencies and Garfield County. - Located at 220 County Rd. 352A, Rifle Co 81650 Station 43 — Staffed response station for southern section of Rifle & surrounding areas. - Located at 419 Last Chance Dr., Rifle Co 81650 The proposed site lies outside of the area that has been mapped for geological hazards by governmental agencies. The attached map with the proposed site circled indicates that the site is consistent with land form terrain found in Garfield County. owl*, Learp- a %, ® .'9 0 0.mholimbo r) 0) y ^'7 rn J O O O O Q z Garfield County Community Wildfire Protection Plan Map 8: Wildland Fire Intensity Index Garfield County, CO UMMNLbs Townships Railmada city Leta — county Reds -Lamed C Fee olynm(we- ante * ) — semi P.M • Gam. _ WIdlaimuWnlnaLan Inlwstalotammewas Lake54iciwauz — reewa Streams oc i:�f'Gl11 maw. Fre iaeaxer Inde: Na 4. Acres Lew e58.zeo Ades Nederele 86,34. ITLIS High Y2.360 Aeras Very High 72.351Aoa: Source: CSFS — y`f V ed NA083 UTM Zane 13N 0 10 MCO f J i• awl Garfield County Community Wildfire Protection Plan Map 7: Wildland Fire Susceptibility Index Garfield County, CO Many Linea TeienMim Reloads City Li., - C.unly Rwtls- Garfield nFi!e Oi.WGs (MC =NM C? S) - Local Ramis -Garb. lMWead Urban INceos .�_ InNrsv y La-Resavtin - NgRny • Memos M9dpnd Fut ...Maly Ind. NR 2.0.661 Ave. in Ow t.19,,7110 Auer Nam. 346396AAr.s won ldasy9Ace.a Very w9. 05.190AG.a Source: CSFS F - Pip posc-A, NAD83 UTM Zone 13N 0 10 Miles i L I ..nen _�- _ Ge.tic, iec j Hazau�5 ck P.O.B. 'ARCEL 2 EXISTING GRAVEL ROADS � /• ABANDONED SLOG STRUCTURE . .; .A CEMETERY C5 • • 60' NON-EXCLUSIVE UTUTY EASEMENT AND \- EXCLUSIVE ACCESS EASEMENT (TYPICAL) a Iv CO PARCEL 3 P.O.B. PARCEL 3 .O.B. 'ARCEL 4 EXISTING 20' POWERLINE CASEMENT CE 20' WELLHEAD ACCESS, UTILITY, i !' \\`\ \ P'c& MAINTENANCE EASEMENT ‘.\\\W;PARCEL 4 ``,; , 10.299 acres `� \\ \ .-10' -.4 10' °' o L \.. s ¢ �79'p1.43.•W `�`� `2j?2 �4¢'�' ��,, `0, '`.••••.'-',.-63,,E.20' RADIAL, WELLHEAD ACCESS, UTILITY, & `,�- MAINTENANCE EASEMENT tc'fiT1ZCJ o<<; E21‘\�\4 COh�` \9 L 1 8 `� L15 `�\� . 14113. 23124 BRASS CAP P.O.B. 4RCEL 5 > rn 0 0 c P1 co 7 100,00.00S • • 1305.41' L13 h. \\\ \‘ \\ • S89'52'42"E L 4 - FUTURE GAS WELL DRILLING SITE PARCEL 5 40.045 acres C7 L6 \ z4 L3 • —C2 ABANDONED LOG STRUCTURES gam, 0 N O 110,ib0.00S 1. 2. Driveway as it exits from CR 319 (yellow) Driveway at the top of the curve (white) 3. -gr =� _— �� \�~ Driveway as it continues down the hill (yellow). There is approximately 100 feet of a 6-8% grade viewable at the curve at the top of the picture. 4. down hill (white) Driveway looking back at curve coming 6. continues on from creek (white) Culvert for crossing Mamm Creek Slope as driveway 7. and proposed ADU. Right fork goes to well pad site. 8. Driveway on left goes to existing home Circular drive between existing home and garage. Proposed ADU will be by the garage, utilizing the existing driveway. COLORADO RIVER ENGINEERING INCORPORATED May 22, 2015 Glenn Hartman Community Development Department Email: ghartmann@garfield-county.com RE: 6650 CR319: Roe Subdivision Exemption Parcel 5, Driveway Variance. Dear Mr. Hartmann: I inspected the driveway a few weeks ago. It measures approximately 14 -feet wide and is composed of 3" minus aggregate base material and a surface of %" minus road base and/or %" gravel. The driveway has moderate grades at the beginning (appear to be ± 8- 10%) and fairly flat grades throughout the remainder (5% or less). The driveway platform is built up from the existing ground for the majority of the roadway. The side slopes appear to be 3H:1V or flatter. The driveway crosses Mamm Creek and a ± 5 -foot diameter culvert. The driveway serves an oil field location, and the pad operator replaced the culvert recently, per the owners. Otherwise the owners are responsible for road maintenance. They treat the surface with aggregate material approximately once every two years. There were a few potholes in one area of roadway surface, but no significantly damaged areas. The majority of the driveway is smooth and rides fairly well. The driveway does not comply with Garfield County's Land Use and Development Code section 7-107 ACCESS & ROADWAYS, which requires a barrow ditch on both sides of the road. After looking at the local drainage, the barrow ditches would help the owner with maintenance, but are not required to allow a safe and passable road. In my opinion, the current road serves the needed use and is in acceptable condition for general safety and access. A variance should be granted to allow the owner to build an Additional Dwelling Unit. If you have any questions, please do not hesitate to call at 970-625-4933. Regards, Eric Brynildson, P.E. \\hannah\redirectedfolders\ericb\desktop\roe property driveway variance.docx P.O. Box 1301 I Rifle, Colorado 181650 11 Page Traffic Plan Per telephone conversation with Debbie at the Garfield County Road and Bridge Department on 1/2/14, the average daily number of vehicles on CR 319 at the junction of Airport Road and 319 is 802. CR 319 serves as the access road for County Road 322, Cedar Springs Ranch Road, Gage Road and Grass Mesa Road, all of which provide access to multiple rural residences. In addition the road has multiple access roads to gas well production pads and drilling sites. Annual Average Daily Vehicle Trips (AADT) from the Institute of Transportation Engineers (ITE) for a single family dwelling is 9.57 (published May 2004). Water Supply and Distribution Plan The proposed ADU will utilize an existing well that will be shared by the existing home. The water line will be constructed by B & B Plumbing in Rifle, Colorado. Said company is a Colorado licensed plumbing company. Attached are 1. A copy of the well permit number which delineates the location of the well. The location can also be determined on the site plan survey. 2. The pumping report for the well conducted after completion of the well drilling and casing which indicates that the well produces at least 15 GPM/minute. 3. The laboratory analysis report for the well was conducted after completion of the well drilling and casing and then again in 2005. Both reports are included. The Analytes and Drinking Water Standards Table is included and has been highlighted to correspond with the reports. The well water has undetectable, below detection limit or less than the standard recommendation limit for all elements except the Total Dissolved Solids. Due to that result the owners installed a home filtration system and a water softening system in the current home and will do likewise in the proposed ADU. The applicants are requesting a waiver for an additional analysis as the current users of the system have not experienced issues with the water. 4. A copy of Declaration of Water Well Community Sharing and Maintenance document is included. Form No. OFFICE OF THE STATE ENGINEER GWS -25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 APPLICANT TIM ROE 1998 ODIN SILT CO 81652- (970)876-2792 PERMIT TO CONSTRUCT A WELL LIC WELL PERMIT NUMBER (" 191875 DIV. 5 CNTY. 23 WIC=_- ....DES BAStNJ MD Lot: Block: Filing: Subdiv: APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 NW 1/4 Section 24 Twp 7 S RANGE 93 W 6th P.M. DISTANCES FROM SECTION LINES 150 Ft. from North Section Line 650 Ft. from West Section Line • ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDMONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant 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. 2) 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 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 40 acres described as the NW 1/4, NW 1/4 of Sec. 24, Twp. 7 S., Rng. 93 W. of the 6TH P.M., Garfield County. 4) The use of ground water from this well is limited to ordinary household purposes inside up to 3 single family dwellings, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches, and the irrigation of not over one (1) acre of home gardens and lawns. This well is to be known as the Roe Well No. 2. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The return flow from the use of the well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 7) This welt shall be constructed not more than 200 feet from the location specified on this permit. - APPHOVED TLC State Engineer Receipt No. 0391234A DATE IssuED DEC 1 1 1995 c By EXPI TION DATC 1�' 1 1997 Phone 963-2812 Test Report TIM ROE Date Tested - 3/3/97 Well #1 - West Well Permit #191876 Well Depth 140' Y Static Level 38'2" Pumping Level 98' 4 hour test Pump Size 3/4 hp, Pump Setting 135' Discharge Size 1" Flow Rate 16 gpm Report done by: Collins Drilling & Pump Service Bill Collins Phone 945-4079 P.O. Box 0516 Carbondale, Colorado 81623 Date Tested - 314197 dell #2 - East Well Permit #191'7'5 Well Depth 55' Static Level 18'6" Pumping Level 23'5" 4 hour test Pump Size 3/4 hp Pump Setting 50' Discharge Size 1" Flow Rate 18 gpm ANALYTES AND DRINKING WATER STANDARDS TABLE Analyte Colorado Department of Public Health and Environment Drinking Water Standard Total Dissolved Solids (TDS) 500 mg/1 Sodium (Na) no drinking water standard Potassium (K) no drinking water standard Fluoride (F) 4 mg/1 Chloride (CI) 250 mg/1 Sulfate (SO4) 250 mg/1 Total Nitrite (NO2)/Total Nitrates (NO3) 10 mg/1 Iron (Fe) 0 3 mg/1 Selenium (Se) 0 05 mg/1 Calcium (Ca) no drinking water standard Magnesium (Mg) no drinking water standard Manganese (Mn) no`drinking water standard Total alkalinity or Carbonate and Bicarbonate no drinking water standard Hydrogen Sulfate (H2S) no drinking water standard Ammonia (NH3) no drinking water standard Benzene 5 ug/1 Toluene 1,000 ug/1 Ethylbenzene 680 ug/1 Total Xylenes 10,000 ug/1 Methyl Tertiary -Butyl Ether (MTBE) 20 to 40 ug/1* Methane Gas no drinking water standard Iron Related Bacteria no drinking water standard Sulfate Reducing Bacteria no drinking water standard mg/I = Milligrams/liter ug/1= Micrograms/liter * Indicates an Environmental Protection Agency instituted standard CO RD I LLE RAN Cordilleran Compliance Services Inc. 970.263.7800 www.cordcomp.com Environmental Consulting Engineers and Scientists SPECTRUM 301 West County Road E2 • St. Paul, MN 55112 (612) 633-0101 • FAX (612) 633-1402 L A B S 1 N C CLIENT: B&B Plumbing 1831 RR Ave. Rifle, CO 81650 SAMPLE #: DATE RECD: DATE MAILED: Analysis LABORATORY ANALYSIS REPORT 4/09/98 Result CUSTOMER: Tim Roe Mamm Creek (1 Rifle, CO 81650 SAMPLE ID: Untreated UNITS: mg/L EXCEPTION(S): * Not reported in mg/L EPA MCL Primary/Secondary * Visual iron sediment * pH 7.4 6.5-8.5 Secondary Total Dissolved Solids 880 500 Secondary Alkalinity, Total as CaCO3 520 Hardness, Total as CaCO3 520 — Fron 2.5 . 0.3 Secondary Corrosion Index 8.8 < means Less Than mg/L means Milligrams Per Liter which is equivalent to Parts Per Million (ppm) NOTE: The hardness in grains per gallon (gpg) equals 30. NOTE: If Corrosion Index is greater than 9.9 then the water may have a tendency to be corrosive. The Maximum Contaminant Level (MCL) as set forth in the Safe Drinking Water Act (SDWA) by the Environmental Protection Agency (EPA). The MCL is regulated by Primary and Secondary limits or levels. The primary MCL is a health related standard. Test results that are greater than or equal to the primary MCL should be considered a health concern and the water source should receive immediate treatment. The secondary MCL is an aesthetic standard. Test results that are greater than or equal to the secondary MCL may cause non -health related effects to the water such as taste, odor, appearance, and can also affect end use products such as glassware, dishes, fixtures, and appliances. Report Submitted By, Thomas L. Halverson Laboratory Manager Linda Shanley North Star As a mutual protection, all reports are submitted in confidentiality and may not be reproduced except in full without written authorization. 1,' 111. A member of The Marmon Group of Companies ENVIRONMENTAL SCIENCE CORP Mr. Dion Plsek Cordilleran Compliance Services, In 826 21 1/2 Road Grand Junction, CO 61505 Date Received Description Sample ID Collected By Collection Date : Parameter February 25, 2005 Encanna Baseline 022405-R Ken Kreie 02/24/05 11:25 Benzene Toluene Ethylbenzene Total Xylene Methyl tert-butyl ether Surrogate Recovery (70-130) a, a,a-Trifluorotoluene REPORT OF ANALYSIS Result BDL BDL BDL BDL BDL 95. • 12068 Lebanon Rd. Mt. Juliet, TN 37122 (615) 758-5858 1-800-767-5859 Fax (615) 758-5859 Tax I.D. 62-0814289 Est. 1970 March 21,2005 ESC Sample # : L189419-06 Site ID : Project # : E04172 Det. Limit Units Method Date Dil. BDL - Below Detection Limit Det. Limit - Estimated Quantitation Limit(EQL) Laboratory AIHA - 100789, AL - 40660, CA - 1-2327, KY - 90010, KYUST - 0016, NC - ENV375,DW21704 AZ -0612, MN - 047-999-395, Note: The reported analytical results relate only to This report shall not be reproduced, except in Reported: 03/05/05 18:11-' Printed: 03/21/05 14: 0.50 ug/1 8021/8015 02/26/05 1 5.0 ug/1 8021/8015 02/26/05 1 0.50 ug/1 8021/8015 02/26/05 1 1.5 ug/1 8021/8015 02/26/05 1 1.0 ug/1 8021/8015 02/26/05 1 % Rec. 8021/8015 02/26/05 1 • Cheli Boucher, ESC Representative Certification Numbers: CT- PH -0197, FL - E87487, GA - 923, IN - C -TN -01 , ND - R-140, SC - 84004, TN - 2006, VA - 00109, WV - 233 NY - 11742, NJ - 81002, WI - 998093910 the sample submitted. full, without the written approval from ESC. 10 Page 6 of 14 JOHN C. KEPHART & CO' 0\ LAHRATO — 435 NORTH AVENUE PHONE: (970) 242-7518 FAX (970) 243-7235 GRAND JUNCTION, COLORADO 81501 Received from: — ANALYTICAL REPORT — Cordilleran Compliance Dion Plsek 826 - 21-1/2 Road Grand Jct., CO 81505 (970)263-7800, FAX 263-7456 7842 water cwmmerwo. Laboratory No. Sample 2/25/05 3/11/05 Date Received Date Reported Lab number: 7842 Sample ID: 022405-R 2/24/05 1125, by Travis Marshall Iron Related Bacteria Sulfate Reducing Bacteria Slime Forming Bacteria * present, approximately 9,000 CFU/ml absent present, approximately 66,500 CFU/ml Director: B. Bauer ENVIRONMENTAL S C I ENCE CORP Mr. Dion Plsek Cordilleran Compliance Services, In 826 21 1/2 Road Grand Junction, CO 81505 Date Received Description Sample ID Collected By Collection Date : Parameter Methane Bromide Chloride Fluoride Nitrate Nitrite Sulfate February 25, 2005 Encanna Baseline 022405-R Ken Kreie 02/24/05 11:25 Ammonia Nitrogen pH Specific Conductance Sulfide Dissolved Solids Calcium Iron Magnesium Manganese Potassium Selenium Sodium REPORT OF ANALYSIS Result BDL BDL 10. 0.36 0.39 BDL 200 BDL 7.2 1200 BDL 760 86. BDL 62. BDL 2.6 BDL 110 BDL - Below Detection Limit Det. Limit - Estimated Quantitation Limit(EQL) Laboratory AIHA - 100789, AL - 40660, CA - I-2327, KY - 90010, KYUST - 0016, NC - ENV375,DW21704, AZ -0612, MN - 047-999-395, Note: The reported analytical results relate only to This report shall not be reproduced, except in Reported: 03/05/05 18:11 Prifited: 03/21/05 14: /2--up6 Det. Limit 0.010 1.0 1.0 0.10 0.10 0.10 5.0 0.10 0.050 1.0 0.50 0.10 0.10 0.010 0.50 0.020 0.50 March 21, 2005 ESC Sample # Site ID . Project # : Units Method ppm 12065 Lebanon Rd. Mt. Juliet, TN 37122 (615) 758-5858 1-800-767-5859 Fax (615) 758-5859 Tax I.D. 62-0814289 Est. 1970 L189419-04 E04172 Date Dil. mg/1 mg/1 mg/1 mg/1 mg/1 mg/1 mg/1 su umhos/cm mg/1 mg/1 mg/1 mg/1 mg/1 mg/1 mg/1 mg/1 mg/1 3810/RSK175 03/01/05 1 9056 02/25/05 1 9056 02/25/05 1 9056 02/25/05 1 9056 02/25/05 1 9056 02/25/05 1 9056 02/25/05 1 03/03/05 1 02/26/05 1 02/25/05 1 350.1 9040A 9050A 9030B 160.1 6010B 6010B 6010B 6010B 6010B 6010B 6010B 03/02/05 1 03/01/05 1 03/05/05 1 03/05/05 1 03/05/05 1 03/05/'05 1 03/02/05 1 03/05/05 1 03/02/05 1 Cheli Boucher, ESC Representative • Certification Numbers: CT- PH -0197, FL - E87487, GA - 923, IN - C -TN -01 ND - R-140, SC - 84004, TN - 2006, VA - 00109, WV - 233 NY - 11742, NJ - 81002, WI - 998093910 the sample submitted. full, without the written approval from ESC. 10 Page 4 of 14 at ENVIRONMENTAL SCIENCE CORP Mr. Dion Plsek Cordilleran Compliance Services, In 826 21 1/2 Road Grand Junction, CO 61505 Date Received February 25, 2005 Description Encanna Baseline Sample ID 022405-R Collected By Ken Kreie Collection Date : 02/24/05 11:25 Parameter REPORT OF ANALYSIS 12065 Lebanon Rd. Mt. Juliet, TN 37122 (615) 758-5858 1-800-767-5859 Fax (615) 758-5859 Tax I.D. 62-0814289 Est. 1970 March 21,2005 ESC Sample # : L189419-05 Site ID . Project # : E04172 Result Det. Limit Units Method Date Dil. Alkalinity 530 30. mg/1 310.2 02/25/05 3 Alkalinity,Bicarbonate 530 30. mg/1 310.2 02/25/05 3 Alkalinity,Carbonate 0.0 0.0 mg/1 310.2 02/25/05 1 Cheli Boucher, ESC Representative BDL - Below Detection Limit Det. Limit - Estimated Quantitation Limit(EQL) Laboratory Certification Numbers: AIHA - 100789, AL - 40660, CA - I-2327, CT- PH -0197, FL - E87487, GA - 923, IN - C -TN -01 KY - 90010, KYUST - 0016, NC - ENV375,DW21704, ND - R-140, SC - 84004, TN - 2006, VA - 00109, WV 233 AZ -0612, MN - 047-999-395, NY - 11742, NJ - 81002, WI - 998093910 Note: The reported analytical results relate only to the sample submitted. --.This report shall not be reproduced, except in full, without the written approval from ESC. Reported: 03/05/05 18:11 Printed: 03/21/05 14:10 Page 5 of 14 ROE WELL (Sample ID 022405-R) Analytical Summary K22NW Baseline Water Quality NWNW Section 24 Township 7S Range 93W EnCana Field Parameters SampleID 022405-R pH Temp (Deg C) Cond (mS/cm) Diss. Oxygen (mg/L) Turbidity (NTU) Latitude (North) Longitude (West) 834 8.76 1.225 2.73 6 39.43679 107.729489 Water Sample Summary - Laboratory Analytical Summary Sample/Location Description: Compound Name (units) Concentration LQL Methane (mg/L) U 0.01 Hydrogen Sulfide (mg/L) U 0.05 MTBE (gg/L) U 1 BTEX Benzene (µg/L) U U 0.5 5 Toluene (ug/L) Ethylbenzene (ng/L) U 0.5 m,p-Xylene (ug/L) NT o -Xylene (ug/L) NT Total Xylenes (gg/L) U 1.5 Oil and Grease (mg/L) NT 1 Ammonia As N (mg/L) U 0.1 Nitrite (mg/L) U 0.1 Nitrate (mg/L) 0.39 0.1 Nitrite Nitrate (mg/L) U Sulfate (mg/L) 200 5 Total Alkalinity (mg/L CaCO3) 530 10 Bicarbonate (mg/L) 530 10 Carbonate (mg/L) U 0 Total Dissolved Solids (mg/L) 760 1 Chloride (mg/L) 10 ' 1 Fluoride (mg/L) 0.36 0.1 'Sulfate Reducing Bacteria (CFU/mL) U Not Specified Iron Reducing Bacteria (CFU/mL) 9000 Not Specified Slime Forming Bacteria (CFU/mL) 66500 Not Specified Dissolved Metals Calcium (mg/L) 86 0.5 Iron (mg/L) U 0.05 Potassium (mg/L) 2.6 0.5 Magnesium (mg/L) r 62 0.1 Manganese (mg/L) U 0.01 . Sodium (mg/L) 110 0.5 Selenium (mg/L) U 0.01 Notes: �I QL = Lower Quantitation Limit mS/cm = milliSiemens per centimeter NTU = Nephelometric Turbidity Units U = analysis performed but not detected NT = not tested mg/L CaCO3 = milligrams per liter of calcium carbonate mg/L = milligrams per liter µg/L =micrograms per liter Wastewater Treatment Plan The proposed ADU will utilize a septic system in conjunction with a leach field (OWTS). The proposed site meets the acreage requirements (over 2 acres) for an OWTS. The system will be constructed by B & B Plumbing in Rifle, Colorado. Said company is a Colorado licensed plumbing company and as such will ensure that the OWST will comply with the county's and the state's OWTS requirements. The applicants' intent is to obtain the required soil percolation tests if the application for the ADU is approved. Of note here is that the existing home was able to meet the necessary requirements for its OWTS. G:\Geosury\HUNTER\DWG\ROWE.dwg Mon Aug 11 13:14:18 1997 r_ 7 a e: «pwme le: eo5ury • I N t' 1 r •UWWE Time: 16:0:22 VICINITY MAP (N.T.s.) 48828'O6' %656.fi0' N8T50'22"E 2575:54' gttA$S CAP STONE mopto 8 In N N n1 N 2610.82' N65'34'52'E BRASS CAP rn N BRASS CAP '3 N m rn 2606.13' BRASS CAP Imtri -----wiw m o in N88'2 2v1 2654.34' N 1 0 0 W 0 m N88'21'47'18 2592.51' BRASS CAP ce In BRASS CAP N rn SECTION BREAKDOWN CURVE id? 4 -.4 3 C1 _-�. 6 5 1 4, I 3 2 C2 ` _ 90.00 115.99 108.13' N32'45' 1 1 "E --`-� C3 micro.,o0-__.-7-..--,.. i, :, .. 197.47' S50'4934"W 37'41'45" C4 L9 _ ...,....,:mat .y. a „ _ _ 32'23'11" 74.48.22r 10 N34'49'08"W 1 '' :: 7 260.58' L13 qtr ... 114 N24'35'00"W 55.8:' L15 N86'0340'W 96.2:' JIH1:'" NO2' 18113"E easy _• t tfr4ufl N41'40'56"W 31.82' 118 is 14 .. 119 IIIIlati `gkf J,1 �13 .. al '. i RD �O 346 .ti N__ . Z G.. Rbe3:; 21 2 :,, ..; 22 , i 23 24 > ;y , • f 43.0' / , \ 22 r ;. 23 / 125 28 27 r 25 ` 30 ," f 2 -<8 r 7 26. J 129 1 34 35 ' :1 36 .. / 1 / N23'44'56"E 333 d :4' f .3 93 .I / j L32 N06'24'47"E 132.76' 4 4 ... 35 r _� t ' 4 3 I 1/ : 's v / I 4 1 2 i 1D 1 11 1 { CAI / 12 7 RD 22 C21,¢ in in I'^ RD 33� 13 ` ) lir iY 15 , 14 �o, ar..., e1�41C'.. • 1. r r. `13 3 16 1 15 ' 14 l f: -.3---:. •, t c . ,.r..,,T,64 w .,t r--- " / r1 r 21 « tpti •l. c�� / / ' 2 / �..._... '23 _- • __, 19 �.S. m RD 1 N. 3f6 t L 22 } i < / , 28 / 27 26 25 , / 29 .. / /.. i. / 8�` ( / � .6 33 / 34 35 / � C VICINITY MAP (N.T.s.) 48828'O6' %656.fi0' N8T50'22"E 2575:54' gttA$S CAP STONE mopto 8 In N N n1 N 2610.82' N65'34'52'E BRASS CAP rn N BRASS CAP '3 N m rn 2606.13' BRASS CAP Imtri -----wiw m o in N88'2 2v1 2654.34' N 1 0 0 W 0 m N88'21'47'18 2592.51' BRASS CAP ce In BRASS CAP N rn SECTION BREAKDOWN CURVE 1 RADIUS 1 LENGTH 1 CHORD 1 BEARING DELTA C1 L2 314.48 51.12' 51.06' S27'19'17"W 09'18'49" C2 N5971 704"W 90.00 115.99 108.13' N32'45' 1 1 "E 73'50 3� V ' C3 46:6.' 305.63' 201,08 197.47' S50'4934"W 37'41'45" C4 L9 214.50' 121.25' 119.64' S84'49'58"W 32'23'11" 74.48.22r C5 N34'49'08"W 214.50 280.05' 260.58' N41'34'16"W COPYRIGHT C( THESE DRAWINGS ARE THE PROPERTY OF' THE SURVEYOR AND HAVE BEEN PREPARED SPECIFICALLY FOR THE OWNER FOR TRIS PROJECT AT THIS SITE, AND ARE NOT TO BE USED FOR ANY OTHER PURPOSE, LOCATION OR OWNER WITHOUT WRITTEN CONSENT OF THE SURVEYOR. 1/4 CORNER I SEC.14/SEC.13 U.S.G.L.O. STONE zooI 0CI .2i SOI motD rn W 0 to ozI v.0 . N RI fV� 01 1 1 P.O.B. PARCEL 2 PITMAN SUBDV. / EXEMPTION Rec. No. 403415 4 1 1 : r I•I (cct 11 1 1 • \ DENISE L. ELDER / EDDIE 8. & NB8'02'41 "E 1/ y / / // �I� I PAUL D. PI MAN 1968.04' 15' kar-- 15'30' NON-EXCLUSIVE \-a'- DITCH EASEMENT (TYPICAL) P.O.B.tl 1 - W CL. EXISTING DITCH 696.27' 1/ 1/ PARCEL 1 589.39109" W 30' WIDE COUNTY R.O.W. EASEMENT (TYPICAL) PARCEL 2 12.360 acres EXISTING GRAV r. EL ROADS / / CI ABANDONED LOG STRUCTURE "�y".v.�x CEMETERY � '`� ° \n. C5 ��•� \`• \\ 60' NDN -EXCLUSIVE UTUTY EASEMENT AND .'..-2--' \ 1�- EXCLUSIVE ACCESS EASEMENT (TYPICAL) / /ar t 1 t r l • I/ 11 1 � 1/ 5 to to ro 30' P oe PARCEL 1 70.000 acres P.O.B. PARCEL 3 P.O.B. PARCEL 4 14113; 23124 `U.S.G.L.O. BRASS CAP UNE DIRECTION 1 DISTANC Li N36'16'18"W 25.C: L2 N70'31'56'W 526: L3 N89'47'22"W 130.8 L4. N5971 704"W 1024 15 N20'37'00"W 104.C' 16 S83'07'04"W 46:6.' L7 N76'08'39"W 54.2: L8 N45'30'37"W 26.x. L9 N89'52'42"W 77,4'' 110 S00'50'44"W 58.4- L11 N34'49'08"W 71.3: 112 S69'37'55"W 45.0.:' L13 N82'50 59"W 22:4 114 N24'35'00"W 55.8:' L15 N86'0340'W 96.2:' L16 NO2' 18113"E 15.0?.' L17 N41'40'56"W 31.82' 118 N73'20'14"W 73:00 119 N57 18' 15"W 71.76E L20 S71'02'53"W 33.G;',' L21 N76'06 59'W 41.31' [22 N44'44 35' W 57:64' L23 N21'04'53'W 43.0' L24 N59'32'29"W 4520 125 576'20'55"W 53:6\' 26.i6' 49.26 L26 N50'1433"W L27 S69'40'27 'W L28 N50'14'33"W 30.32' 129 N40'02' 12"E 66:13' L30 N23'44'56"E 80.65' 131 N 12'37' 17"E 78:06' L32 N06'24'47"E 132.76' 133 N13'52155 E 98.55' P.O.B. PARCEL 5 rn r r r� 10'1a 113f100 w 0 to 0 PARCEL 3 6.809 acres E)XISTING OVERHEAD.` UTILITY LINE / 14' . \\\' ,.I / co / / / / 1 4 • / / / S62. C3 30' 3786 47 E S EXISTING 20' POWERLINE EASEMENT � E 20' WELLHEAD ACCESS. UTILITY, \ `` m Fi MAINTENANCE EASEMENT `.\ • PARCEL 4 •, 10.299 acres 1\\. „ay-- t0 10' \ N79.01'43"w C1 115 V 0 O TOTAL AREA 139.513 acres 0 O O O 0 rri 20' RA IAL, WELLHEAD ACCESS, UTILITY, & MAINTENANCE EASEMENT S889'52'42"E Z 7 16 \ \ 2 041) ABANDONED LOG STRUCTURES 4 FUTURE GAS WELL DRILLING SITE PARCEL 5 40.045 acres ........:... :..x. -_.-- • 3„Z L460.009 ,W V' L 0 of I‘) 0 S89' 04'0"W 0 0 r/1 0 0 P1 SECTKN 13 SECTION 24 3„ L 0,-00.00S c0 N c,+ S89' 14'06"W MARVELLE COUEY et.al. 1316.13' 654.25' WALTER & WALKER ROLES WALTER & WALKER ROLES 2610.82' 1305.41' 8. L. M. -1 1/4 CORNER SEC.13/SEC.24 U.S.G.L.O. BRASS CAP North V 200 400 Qraphlo scale In Feet 1 Inch " 200 /ant MARVELLE COUEY et.al. ROE SUBDIVISION EXEMPTION A PORTION OF THE SW 1/4 SECTION 13, AND A PORTION OF THE NW 1/4 SECTION 24 TOWNSHIP 7 SOUTH, RANGE 93 WEST, 6th P.M. COUNTY OF GARFIELD, STATE OF COLORADO CONVEYED BY Book 354, Page 469 LEGAL DESCRIPTION: The west one-half of the northeost one-quarler of the southwest one-quorter of Section 13, Township 7 South, Range 93 Vast, Gth P.M.; Together with: The west one-half of the southwest one -gaster of Section 13, Township 7 South, Range 93 Watt, 6th P.M.; Together with: The northwest one-quarter of the northwest one-quorter of Section 24, Township 7 South. Range 93 +:a& 6th P.M.. Containing 139.513 Acres more or less. Said parcel being subject to any and oil e+tstments, rights of way, variances and agreements as of record may appear. NOTES: 1. The minimum defensible space distance sh::11 be 30 feet on level terrain, plus appropriate modification to recognize the increased rate of fire spreod at sloped sites. The methodology described in "Dete:rn ring Safety Zone Dimensions, Wildfire Safety Guidelines for Rural Homeowners." (Colorado State Forest Service) shall be used to determine defensible space requirc.nsnts for the required defensible space within building envelopes in areas exceeding five (5) percent grade. 2. This exemption was opproved based an the use of a central well and shared water system. There is no assumption that a household use only welt will be o dependable water supply. Any purchaser co a parcel of land that was created by this exemption reserves the right to use the proposed central water supply. 3. Soil conditions on the site may require 1:1-4/neered septic systems and building foundations. Site specific percolation tests at the time of building permit submittal shall determine specific ISDS needs on the s,'e. 4. No further divisions by exemptions from cblinilion of subdivision will be allowed. 5. The 30' wide non-exclusive ditch easerrert. as shown hereon, is for the transportation of water through the ditch and maintenance and repair thereof. 6. The 60' wide exclusive access easement. cs shown hereon, is for the benefit of Parcels 1,2,3,4, and 5 only. 7. Basis of Bearings is the west line of the southwest one-quarter of Section 13, T7S, R93W, 6th P.M. as monumented corner of soid Section 13, and a Mone at the west, one-quarter of said Section 13, and is assumed to bear 8. According to Colorodo Low you must ccnntence any legof action based upon any defect in this survey within three years after you first discover such defect. In no event may any action bused upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. 9. This survey was prepared without the boleti'. of o current title report. This survey does not constitute a title search by this surveyor of the property shown and described hereon to determine: a.) ownership . of the tract of land. b.) compatibility of this description with-tlitre•'of odjocent tracts of land. c.) rights of way, easements and encumbrnuss of record affecting this tract of !loud . 10. Any person who knowingly removes, 01; ars er defaces any public land suwvey monument or land boundary monument or occessory commits c Cluss Two (2) Misdemeanor pursuant to State Statute 18 17508, C.R.S. 11. These premises ore subject to any on. el easements, rights of wuy, variances and or agreements as ui record may appear. with a U.S.G.L.O. brass cop at the southwest N 00'20'51" W. EXEMPTION CERTIFICATE: This plot approved by resolution of the Boyd of County Commissioners of Garfield County, Colorado this _______ day of ________. 19__. In filing with the Clerk and Recorder of Garfield County. Such; approval in nr, way implies that the information shown hereon is true and accurate but does indicate that this plot is exempt from and not subject to regulation u:der Garfield County Subdivision regulations at the time of its filing. Chairman Witness my hand and seal of the County of Garfield. County Clerk COUNTY SURVEYOR'S CERTIFICATE: Approved for content and form only and a It the accuracy of surveys, calculations or drafting. Pursuant to C.R.S. 1973 38-51-101 and 102 (revised). Garfield County Surveyor CLERK AND RECORDER'S CERTIFICATE This plat was filed for record in the office d the Clerk and Recorder of Garfield County at _ o' clock __.M., on the __________ day of 19__, and is du!' r'corded in Rock _______, Page ____, Reception No. Clerk and Recorder Deputy SURVEYOR'S CERTIFICATE: I, E.J. Grabowski, a Professional Land Sul registered in the State of Colorodo, do hereby certify that this plat of Roe Subdivision Exemption truly and correctly represents the results of a survey made by tie or under my direct supervision, and that said plat complies with the requirements of Title 38, Article 51, Colorado Revised Statutes 1973, and that the menemeots required by said Statute and by the Garfield County Subdivision Regulations have been placed on the ground. E.J. Grabowski P15 22097 LEGEND: {�} FOUND U.S.G.L.0 MONUMENT SET No. 6 REBAR AND ALUMINUM CA' P15 22097 • SURVEY MONUMENT AS NOTED x '-- BARB WIRE FENCE 0 UTILITY POLE • WATER WELL Sheet 1 of 2 Dote of Survey Control file 4/30/97 HUNTER WE -Number 97050 LAND SURVEYING AND MAPPING 520 STACY COURT SUITE '8' LAFAYETTE, CO. 80026 -F303 6660379 Fx 303 665 6329 1 Milli 111111110111111111111111111111III 1111111111111 513161 09/03/1997 01:26P 81032 P427 388 1 of 2 R 11.00 D 0.00 N 0.00 GARFIELD CLERK SPECIAL WARRANTY DEED ebecca Williams, Seller, whose address is 1523 East 123 Terrace, City of Olathe, County r 1 State of Kansas, for the consideration of the exchange of property between the parties, m hand paid, hereby sells and conveys to Timothy Allen Roe, whose address is 1998 Odin Drive, Silt, CO 81652, the following described real property in the County of Garfield, State of Colorado, to -wit: In Township 7 South. Range 93 West of the 6th P.M.: Section 13: W1/2 NE1/4 SW1/4, W1/2 SW1/4 Section 24: NW1/4 NW1/4 Except for that portion of the above-describedproperty described as follows: That portion of Section 13 and Section 24, Township 7 South, Range 93 West, of the Sixth Principal Meridian, County of Garfield, State of Colorado, described as follows: Note: Basis of Bearing is the west line of the southwest one quarter of Section 13, Township 7 South, Range 93 West of the Sixth Principal Meridian, as monumented with a found USGLO brass cap at the southwest comer of said Section 13 and a found marked stone at the west one quarter comer of said Section 13, with an assumed bearing of N00°20'51" W. Commencing at the southwest comer of Section 13, a found USGLO brass cap; Thence N00°20'51 "W, along the west line of the southwest one quarter of said Section 13, a distance of 2114.91 feet to the Point of Beginning; Thence N00°20'51" W, along said west line, a distance of 533.70 feet to the west one quarter comer of said Section 13; Thence N88°02'41" E, along the north line of the southwest one quarter of said Section 13, a distance of 1968.04 feet to the northeast corner of the west one half of the northeast one quarter of the southwest one quarter of said Section 13; Thence S00°09'12"E, along the east line of the west one half of the northeast one quarter of the southwest one quarter of said Section 13, a distance of 1359.94 feet to the southeast corner of said west one half; Thence. S.8.9 W;_along_the_sauth line_ofsaid_west_one_half,_a_disonr_e of 654.15 feet.to the_ southwest corner of said west one half Thence S00° 13'00"E, along the east line of the southwest one quarter of the southwest one quarter of said Section 13, a distance of 1348.06 feet to the southeast comer of the southwest one quarter of the southwest one quarter of said Section 13; Thence S00°04'O1"E, along the east line of the northwest one quarter of the northwest one quarter of said Section 24, a distance of 194.93 feet; Thence N86° 16'18"W, departing said east line, a distance of 25.66 feet; Thence N70°31'56" W a distance of 52.66 feet; Thence N89°47'22" W a distance of 130.88 feet; Thence N59°17'04" W a distance of 102.88 feet; • itr 1111111 11111111111 111111 III 11111 1111111 I1I II1II IIII IIII 913161 09/03/1981 01:26P 81032 P428 388 2 of 2 R 11.00 D 0.00 N 0.00 GARFIELD CLERK Thence N20°37'00" W a distance of 104.04 feet; Thence S83°07'041'W a distance of 46.84 -feet; Thence N76°08'39"W a distance of 54.29 feet; Thence N45 °30'37"W a distance of 26.93 feet to a point on the north line of said Section 24; Thence N89°52'42"W, along said north line, a distance of 77.44 feet; Thence N00°00'00"W, departing said north line, a distance of 777.60 feet; Thence N62°26'41"W a distance of 318.85 feet; Thence N69°40'27"E a distance of 49.26 feet to a point of curvature; Thence along a curve to the left a distance of 115.99 feet, said curve having a radius of 90.00 feet, a delta angle of 73°50'31", and a chord distance of 108.13 feet which bears N32 °45' 11 "E to a point of compound curvature; Thence along a curve to the left a distance of 280.05 feet, said curve having a radius of 214.50 feet, a delta angle of 74°48'22", and a chord distance of 260.58 feet which bears N41 °34'16"W; Thence N40 °02' 12' E a distance of 66.13 feet; Thence N23°44'56'E a distance of 80.65 feet; Thence N12°37"17"E a distance of 78.08 feet; Thence N06°24'47'`E a distance of 132.76 feet; Thence N13°45'22"E a distance of 152.39 feet; Thence N17 °25'32"E a distance of 191.97 feet; Thence N13 °52'55"E a distance of 98.55 feet; Thence N13 '17157''E a distance of 136.88 feet; Thence S89 °39'09"W a distance of 696.27 feet to the Point of Beginning. The above described excepted parcel contains 70.000 acres, more or less, and is also known and described as Parcel 1 of the Roe Subdivision Exemption, the plat of which was recorded August 22, 1997 as Document 512674, Garfield County Records. (Mailing address of grarntee(s): 1998 Odin Drive, Silt, CO 81652) with all its appurtenances, and warrant(s) title against all persons claiming under me. Signed August 1997. Rebecca Williams STATE OF KANSAS ) COUNTY OF- J O h JcoAf ) s. The foregoing instrument was acknowledged before me on August 1997 by Rebecca 21,11a‘vx /o;p... ..,rTNESS MY HAND AND OFFICIAL SEAL. My csion expires: �'/6/457, 11. ,�' ,G Notary Public 826465 11/05/2012 09:17:16 AM Page 2 of 16 Jean Alberico, Garfield County, Colorado Rec Fee: $86.00 Doc Fee: $0.00 eRecorded organized and existing under the laws of THE UNITED STATES Lender's address is 101 1roxers PHILLIPS AVENTUE, SIOUX FALLS, SE 57104 Lender is the beneficiary under this Security Instrument. (D) 'Trustee" is the Public Trustee of GARFIELD County, Colorado. (E) "Note" means the promissory note signed by Borrower and dated OCTOB R 31, 2012 The Note states that Borrower owes Leader ONE 1 UNDRED TWENTY EIGHT THOUSAND NINE HUNDRED EIGHTY THREE AND 84/100 Dollars (U.S. $ ****128, 983.84 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than NOVEMBER 01, 2027 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: �1 1 Adjustable Rate Rider Balloon Rider VA Rider Condominium Rider Planned Unit Development Rider Biweekly Payment Rider 1 Second Home Rider 1-4 Family Rider Other(s) [specify] (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non -appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are unposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not Iimited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers_ (L) "Esi:row Items" means those items that are described in Section 3. (M "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for; (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of alt or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (1) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 CFA. Part 3500), as they might be amended from time to -8(Col [was) Page 2 of 15 ln2 atq71„Ttig'— Form 3006 1/01 826465 11/05/2012 09:17:16 AM Page 3 of 16 Jean Alberico, Garfield County, Colorado Rec Fee: $86.00 Doc Fee: $0.00 eRecorded time, or any additional or successor Legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA` refers to all requirements and restrictions that are imposed in regard to a *federally related mortgage ioatt" even if the Loan does not qualify as a 'federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower, in consideration of the debt and the trust herein created. irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the COUNTY [Type of Recording Jurisdicionl of GARFIEI,D (Name of Recording Jurisdiction]: SEE =TETT A ATTACHED HERETO TAX PARCEL NUMBER:240324200059 TAX STATEMENTS SHOULD BE SENT TO: WELLS FARGO HOME MORTGAGE, P.D. BOX 11758, NEWARE NJ 071014758 Parcel ID Number: R00247301 which curteutly has the address of 6650 COUNTY ROAD 319 [Street] RIFLE [coy] , Colorado 131650 (Zip Codej ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument, All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered. except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record and Liens for taxes for the current year not yet due and payable. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. _ %1 illSD -6iCO1 mob) Inkida- 612) ee- Qagm 3 of 15 Form 3006 1101 826465 11/05/2012 09:17:16 AM Page 14 of 16 Jean Alberico, Garfield County, Colorado Rec Fee: $86.00 Doc Fee: $0.00 eRecorded BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. (Seal) 42 TIMOTHY ROE / IDA LYNN c - = A{/fx�y' 1.0 . KARRIES�D� r . • FLETCHER (Seal) (Seal) (Seal) (Seal) (Seal) (Seal) (Seal) C® 61CO) 100051 Page 14 or 15 Farm 3006 1/01 826465 11/05/2012 09:17:16 AM Page 15 of 16 Jean Alberico, Garfield County, Colorado Rec Fee: $86.00 Doc Fee: $0.00 eRecorded STATE OF COLORADO, County ss: WA -It- - etoc The foregoing instrument was acknowledged before me this z.-4. day of 0G, tZot Z byTIMO H3G A ROE jIDA LYNN ROE Witness my hand and official seal. My Commission Expires: �+�Il+r� B{CO1 [oo135} Notary Public v -E rr#E. S. ¶lek6,„ Page 15 of 19 Form 3008 7io7 826465 11/05/2012 09:17:16 AM Page 16 of 16 Jean Alberico, Garfield County, Colorado Rec Fee: $86.00 Doc Fee: $0.00 eRecorded Order 1D: 15108067 Loan No,: 0351061254 EXHIBIT A LEGAL DESCRIPTION The following described property: Parcel 5 Roe Subdivision Exemption according to the Plat thereof recorded August 22, 1997 as Reception No. 512674, County of Gafeld, State of Colorado. Assessor's Parcel Number: 240324200059 826465 11/05/2012 09:17:16 AM Page 1 of 16 Jean Alberico, Garfield County, Colorado Rec Fee: $86.00 Doc Fee: $0.00 eRecorded Recording requested by: LSI When recorded return to : Custom Recording Solutions 5 Peters Canyon Road Suite 200 Irvine, CA 92606151 D (]b"l, 800-756-3524 Ext. 5011 Prepared By: WELLS FARGO BANK, N.A. 220 WILaWOOD PKWY, , HOMEWOOD, AL 352090000 DEFINITIONS [space Above This Line Far Recording. Data] DEED OF TRUST Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section I6. (A) "Security Instrument" means this document, which is dated OCTOBER 31, 2012 together with all Riders to this document. (B) 'Borrower" is TIMOTB ( A. ROE AND IDA LTNN ROE, THEIR HEIRS, SUCCESSORS AND ASSIGNS FOREVER Borrower is the trustor under this Security Instrument. (C) "Lender" is SWELLS FARGO BANK, N.A. Lender is a NATIONAL ASSOCIATION 0351061254 COLORADO -Single Family -Fannie Mnelt=reddte Mae UNIFORM INSTRUMENT elD) gCO) f000elPepe 1 of 15 fmpaIst lJllb_ VMP MORTGAGE FORMS - 1800W,27-7291 Form 3006 1/01 ACCOUNT #h R247301 PARCEL # 240324200059 TAX DISTRICT '= 024 REAL PROPERTY TAX NOTICE 2014 TAXES DUE IN 2015 KARLA J. BAGLEY TREASURER d P.O. Box 1069 Glenwood Springs, CO 61602-1069 www.garfield-caunty.camltreasurer 15996 1/1 Garfield County (970) 945-6382 rGARFILD COUNTY GARFIELD COUNTY - R&B _'1RFIELD COUNTY - DHS LORADO RIVER FIRE JLO RIVER WATER CONS WEST DIVIDE WATER CON GRAND RIVER HOSPITAL SCHOOL DIST RE -2 COLORADO MTN COLLEGE GARFIELD COUNTY PUB LIB TAX AUTHORITY MILL LEVY MILL LEVY CREDIT TAX AMOUNT VALUATION ACTUAL ASSESSED 8.90500 3.50000 1.25000 6.10200 0.25300 0.03900 5.59700 15.84200 3.99700 1.00000 TOTAL NET LEVY --> 46.48500 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.51800 0.00000 0.00000 0.00000 SB -No. 25 - In absence of Slate LegislaIive Funding, GRAND TOTAL your School General fund levy would have been 30.0980 228.42 89.78 32.06 156.52 6.49 1.00 143.57 406.35 102.52 25.65 1192.36 $1,192.36 NET TOTAL 322260 25650 NOTICES PROPERTY TAX EXEMPTIONS (CRS 39-3-203) A property tax exemption is available to senior citizens, surviving spouses of senior citizens, and disabled veterans. Senior Exemption For an application, please contact the Garfield County Assessor's Office at 970-945-9134 or jvetlico@aarfield-countv.coni. Disabled Veterans Exemption Application forms are available from the Colorado Division of Veterans Affairs at hffernets.dmva state.co.us:8000 or by calling 303-284-6077. PROPERTY TAX DEFERRALS (CRS 39-3.5-102) Seniors and Active Military For an application,- please contact the Garfield County Treasurer's Office at 970-945-6382. PROPERTY DESCRIPTION (MAY BE ABBREVIATED) DO YOU OWE DEL1NOUENT TAXES? SECTION: 24 TOWNSHIP: 7 RANGE: 93 PARCEL "5" ROE SUB -DIV EXEMPTION. NO PAYMENT DUE DATE AMOUNT FIRST HALF FEB 28, 2015 SECOND HALF JUN 15, 2015 AULL PAYMENT APR 30, 2015 $596.18 $596.18 $1,19236 THIS IS THE ONLY NOTICE THAT YOU WILL RECEIVE! ROE, TIMOTHY ALLEN & IDA LYNN 6650 COUNTY ROAD 319 RIFLE CO 81650 Make Checks Payable To: GARFIELD COUNTY TREASURER 1. 3. `7• 5• 7. Account Number ParcelNo OwnerName In Care R247031 240314400035 DUMAS, GRETCHEN 5 81650 R247300 240313300058 BALL, ALLEN R & JOHANNA L 81650-8432 R247300 240313300038 BALL, ALLEN R & JOHANNA L 81650-8432 R024508 240118400131 LV BAR RANCH LLC 81652 R247301 240324200059 ROE, TIMOTHY ALLEN & IDA LYNN 81650 R247299 240313300057 MILLER, JOHN PAUL II & JESSICA LEIGH 81650 R222039 240324200954 BUREAU OF LAND " IANAGEMENT COLORADO RIVER VALLEY FIELD OFFIC R247297 240313300060 WILLIAMS, REBEXCA 66071 Address 2 City State ZipCode 7671 COUNTY ROAD 319 RIFLE CO 81650 6621 COUNTY ROAD 319 RIFLE CO 81650-8432 6621 COUNTY ROAD 319 RIFLE CO 81650-8432 10400 COUNTY ROAD 331 SILT CO 81652 6650 COUNTY ROAD 319 RIFLE CO 81650 405 WILL AVENUE RIFLE CO 81650 2300 RIVER FRONTAGE ROAD SILT CO 81652 15266 W 343RD ST PAOLA KS 66071 1. 2. 4. 5. ia• 7r 8'. Situs House Number Direction Street Name Designation City Zip Code 7671 W MAMM CREEK RD RIFLE 81650 6620 319 COUNTY RD RIFLE 81650 6620 W MAMM CREEK RD RIFLE 81650 SILT 81652 RIFLE 81650 RIFLE 81650 RIFLE 81650 RIFLE 81650 Glenn Hartmann From: Lynn Roe [idalynnroe@yahoo.com] Sent: Thursday, June 04, 2015 9:38 AM To: Glenn Hartmann Subject: Roe Appication for ADU Attachments: James Parker Deed 1945.pdf Glenn, Per request, I did some research into the mineral rights of the property for which we are making application to put an ACD on. I have attached a copy of the deed whereby James Parker deeded the land to Bud and Evelyn Roe in 1945. I have previously submitted copies of the original warranty deed where the property and mineral rights were passed from Bud and Evelyn to Timothy Roe and Rebecca Williams and the warranty deed that passed the property and mineral rights for this piece of the original property from Rebecca Williams to Timothy Allen Roe when the subdivision exemption was granted. I also looked at the Notice of Mineral Estate Ownership log in the Garfield County clerk and recorders office which would show conveyance of mineral rights ownership if it was separate from a deed. That log showed no separate conveyances of mineral rights for this property. Sincerely, Ida Lynn Roe 1 eons ot-a-newsee sms. AttlIAMT P61:14--Ckst Wed ?Hann. - Steamer, Ca. Wow& &Mari Cola rug •,equ.-orasit‘..... • - 1 Aiteb, the year of ow Lord coo thousand ulna hundred and _and State of Cederado, of the first parl,— .7.;d13_ • of Um County cd Garfield and State of Colorado, ot the Nomad part: Wittman -Eh, That tha parr-/- „if tho first part, Cor =din canaldaration of !bosuns of-f2V-41-12:414.-4. mid -fatAldeodil-a.tgemsk.U6,„„,, in do part Cu -of the t part i hand paid by Um said port_411.---of the second pert, ibo receipt whereat la hereby confessed and .cnnwt.ind Ln -granted, bargained, sold and convey, end by them Racal' d4111a, bargain, sell, cenvey and confirm unto tha said ' the second part,_2.iend_rf14 trot -141 lti-4,1.7_12vt An+ n..k. 706, igierk4.14fre 1-1:6144n...titpdv_odafatioam-a,4-114. _fmnak-gvearlmall2.4- 1 ..and-anlow (orever. all the following docribod lot_b_.or parceL.%. of land, situate, lying and being la the County of Garfield and State of Colorada, to -wit: (43f.val' (A -OC) 7 cmak it,e4kt zAtv-0(303gy) Z447.1, -94;at.,01)-A-D-fle-1.-coe444-- ) r,d4 avd luo.ht, wry cov.,) Sc.c.row a9 coe.4"...g-diAtk . E -2 9-i, -.9..eut.rwai+ q c4,4,41 6th Am, za I' Together rich ell and *Mauler do hereditament+ and appultenannar thcreenth belonging or hi anywim appertaining, and the reversion and roversion,, remainder and reemindera, - - - - cmlir• .IMI profile tismoaf; and all the agate. richt, tIUn interest. dated and demand whatsoever of the said pa.rt of the first part, either fn late or equity, of, M and 10100 abere harga/%121 pITIMAIIN with Ow bettdit11121011.11 WWI appurlonanca: aTrs tiara and To Hold the 911141 premises aim= bargained and theerfired, with the appurtenances, unto the mid ptit-tms-1-tteorateaMmal-Pitit, gigos-444ersonr.C. o,wv-, aettg.. et.e. .4.41ea- not.4-434.64tICC__I _._ of.theoweeml-put.. And the said_ _ ...lotee-reldossions forover. p.t2y.ot tho first part,10r J. eseeutail and administrator', do. _covenant, grant, bmgaln, and :woe to and with Umtata pa.-tes....-of the second part, tkr-fiatAi.3,1"1";7+ -P.-0•43,:ttpq;a, amaa..akaluzame>are_ _ k -k and amicaa, •-- • • that as the time .1 110 =noting and dallvery nt thew prewilas,- relied of the math= 'bora eaaveyed es of good, aunt, puled, absolute and Indefeasible muted inheritancr, In hne, in I'e simple, awl ha. .good right, full power end lawful authority to grant, harps* sell and convey too mom In mom and fann aforesaid, and that elm un me arc free awl clear from all fanner and other grant., bargains, odes, liens, tests, assessments and 1E1=ml:one= of whatever kind or nature MOM= and Do t...lo.nry.ainnl premises. In the quiet and pasemble rosseralo!3 4 110 .14 part -.14 of the mondi.L paai. C.44.erfek ty.asa.a.la AsAtt4t.1441:e. against all and art-rrrsati or persona lawfully Onimino or to claim tho whole err any part thereof. the said part..11.-_of the first park dull and will WARR.ANT AND roaEiran, Po -ENP. In 'Minns Ititcretar. TIn raid part. tient Um lint part Isar!.'. hereunto -_-_ hand_ and nral_--the and year first above written. Sionan, Szuam .un Datitrose 111 Passimen Cf--- } STATE OP COLORADO, ounty o_ . . . ••__ pavonally known to Me to be the person..-. —ZION PAZIUL and acknowlethord that -signed, sealed act, for Ow USISI id pummels therein set forth - Ulna under lap hand _ ..... . . . Illy commlulan expires. and for Use cid Caunty, la die State - .aubealbed to the annexed Dead, appeared beton me this day In parson and delimred the said Instrument at writing as-- Jr.. and voluntary mait, .day oL_. A .D. EIAAIAL SEAL sTATE Ep coLortato, County of -77 43111. - of 7_Th IAA A. D. 194:4. . hit comedulon . Witness my hand and Oficial sad. for=reyraa aeknowledgei before ma abla--1' 21 Artewand mmd 11. _day Norian Toii.tc. .13nrerr. / Recorded at *kickp, MEP 1101111111111111111111111111111III 1111111111111 ,def,rdon 517400 12/05/1997 09:27A 81045 P128 K ALSDORF ev.1 of 2 R 11.00 D 0.00 GARFIELD COUNTY CO QUITCLAIM DEED THIS DEED, Made this 4TH day of DEC/A BER 19 97. between TIMOTHY ALLEN ROE of the 'County of GARFIELD and State of Colorado, grantor(s), and TIMOTHY A. ROE AND IDA LYNN ROE whose legal address is 1998 ODIN DRIVE, SILT, COLORADO 81652 of the County of GARFI ELD and State of Colorado, grantee(s), WITNESSETH. That the grantor(s), for and in consideration of the sum of TEN DOLLARS AND OTHER VALUABLE CONSIDERATION-------------- —Doman the receipt and sufficiency of which is hereby acknowledged, ha 5 remised, released. sold and QUITCLAIMED, and by these preg'htido es remise, release, sell and QUITCLAIM unto the grantee(s), their heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the grantor(s) ha S in and to the real property, together with improvements, if any, situate, lying and being in the County or GARFIELD and State of Colorado; dose ibed as follows: SEE ATTACHED LEGAL DESCRIPTION also (mown by street and number as: TBD COUNTY ROAD 319, SILT, COLORADO 81652 assessor's schedule ar parcel number 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 grantor(s), either in law or equity, to the only proper use. benefit and behoof of the grantee(s) their heirs and assigns forever. N WITNESS WHEREOF The grantor(s) ha s executed this deed on the date set forth above. aer Tigionlok, HUG STATE OF COLORADO, 35. County of GARFIELD The foregoing instrument was acknowledged before me this 4TH day of DECEMBER by TIMOTHY ALLEN ROE My commission expires Witness my hand and official scat, 11-27-99 °If in Denver. insert "City and". ,1997 , ea/ Atto Nam reed Address dPe,am Crc•G% Newly Gamed Logi Docrepdoo N 31.33-106.3, CR.S) No. 933. Rev. 444. QUITCLAIM DEED Bradford PuNldtina,1743 Wane Si. Dema, Co 60202 —1303) 292.2300— 6.94 F1..E'No. 9709076 EXHIBIT "A' That portion of Section 13 and Section 24, Township 7 South, Range 93 West, of the Sixth Principal Meridian, County of Garfield, State of Colorado, described as follows: Note: Basis of Bearing is the west Line of the southwest one quarter of Section 13, Township 7 south, Range 93 West of the Sixth Principal Meridian, as monusented with a found USGLO brass cap at the southwest corner of said Section 13 and a found marked stone at the west one quarter corner of said section 13, with an assumed bearing of North 00020'51" West. Beginning at the southwest corner of Section 13, a found USGLO brass cap; Thence North o0°20'51" West, along the west line of the southwest one quarter of said Section 13, a distance of 295.68 feet; Thence South 50°14'33" East, departing said west line, a distance of 56.49 feet; Thence North 76°20'55" East a distance of 53.63 feet; Thence South 59°32'29" East a distance of 45.34 feet; Thence South 79001'43" East a distance of 144.00 feet; Thence South 21°04'53" East a distance of 43.40 feet; Thence South 44°44'35" East a distance of 57.64 feet; Thence South 76°06'59" East a distance of 41.31 feet; Thence North 71°02'53" East a distance of 33.67 feet; Thence South 57018015" East a distance of 71.76 feet; Thence South 73020'14" East a distance of 73.01 feet; Thence South 41'40'56" East a distance of 31.02 feet; Thence- South 02018'1.3!' West- a_ distance_ of 1.5.01 feet; Thence South 86°03'40" East a distance of 96.27 feet; Thence South 24°35'00" East a distance of 55.83 feet; Thence South 82°50'59" East a distance of 22.45 feet; Thence North 69"37'55" East a distance of 45.03 feet; Thence South 34°49'08" East a distance of 71.33 feet; Thence North 00°50'44" East a distance of 58.47 feet to a point on the south line of said Section 13; Thence South 89°52'42" East, along said south line, a distance of 77.44 feet; Thence South 45°30'37" East, departing said south line, a distance of 26.93 feet; Thence South 76°08'39" East a distance of 54.29 feet; Thence North 83°07'04" East a distance of 46.84 feet; Thence South 20937'00" East a distance of 104.04 feet; Thence South 59°17'04" East a distance of 102.88 feet; Thence South 89°47'22" East a distance of 130.88 feet; Thence South 70°31'56" East a distance of 52.66 feet; Thence South 86°16'18" East a distance of 25.66 feet, to a point on the east line of the northwest one quarter of the northwest one quarter of said Section 24; Thence South 00°04'01" East, along said east line, a distance of 1087.20 feet to the southeast corner of the northwest one quarter of the northwest one quarter of said Section 24; Thence South 89'14'06" West, along the south line of the northwest one quarter of the northwest one quarter of said Section 24, a distance of 1316.13 feat to the southwest corner of the northwest one quarter of the northwest one quarter of said Section 24; Thence North 00024'03" East, along the west line of the northwest one quarter of the northwest one quarter of said Section 24, a distance of 1302.50 feet to the POINT or BEGINNING. ALSO KNOWN AS PARCEL 5 OF THE ROE SUBDIVISION EXEMPTION THE PLAT OF WHICH WAS RECORDED AUGUST 22, 1997 AS RECEPTION NO. 512674 111111111111111111111111 111 1111111111111111111111111111 517400 12/05/1997 09.27A 81045 P127 M ALSD0RF 2 of 2 R 11.00 D 0.00 GARFIELD COUNTY CO 111111111111111111111111 111 111111111111 111 11II1 1111 1111 513161 09/03/1997 01:26P 61032 P427 388 1 of 2 R 11.00 D 0.00 N 0.00 GARFIELD CLERK SPECIAL WARRANTY DEED Rebecca Williams, Seller, whose address is 1-5-23 East 123 Terrace, City of Olathe, County of_TO/t ON , State of Kansas, for the consideration of the exchange of property between the parties, in hand paid, hereby sells and conveys to Timothy Allen Roe, whose address is 1998 Odin Drive, Silt, CO 81652, the following described real property in the County of Garfie=d, State of Colorado, to -wit: in Townshin 7 South. Ranee 93 West of the 61h P.M.: Section 13: W1/2 NE1/4 SW1/4, Wl/2 SW1/4 Section 24: NW 1/4 NW1/4 Except for that portion of the above-describedproperty described as follows: That portion of Section 13 and Section 24, Township 7 South, Range 93 West, ()film Sixth Principal Meridian, County of Garfield, State of Colorado, described as follows: Note: Basis of Bearing is the west line of the southwest one quarter of Section 13, Township 7 South, Range 93 West of the Sixth Principal Meridian, as monumcnted with a found USGLO brass cap at the southwest comer of said Section 13 and a found marked stone at the west one quarter corner of said Section 13, with an assumed bearing of NOO°20'51" W. Commencing at the southwest corner of Section 13, a found USGLO brass cap; Thence N00°20'51"W, along the west line of the southwest one quarter of said Section 13, a distance of 2114.9I fcct to the Point of Beginning; Thence N00°20'51"W, along said west line, a distance of 533.70 feet to the west one quarter corner of said Section 13; Thence N88°02'41" E, along the north line of the southwest one quarter of said Section 13, a distance of 1968.04 feet to the northeast comer of the west one half of the northeast one quarter of the southwest one quarter of said Section 13; Thence S00°09'12"E, along the east line of the west one half of the northeast one quarter of the southwest one quarter of said Section I3, a distance of 1359.94 feet to the southeast corner of said west one half; Thence:SS9°Q4'5Q" W, along.thc south Iine.of said_west one-half, a distance.af 654.25 feet tn.the. southwest corner of said west one half; Thence 500°13'00"E, along the cast line of the southwest one quarter of the southwest one quarter of said Section 13, a distance of 1348.06 feet to the southeast corner of the southwest one quarter of the southwest one quarter of said Section 13; Thence S00°04'01"E, along the east line of the northwest one quarter of the northwest one quarter of said Section 24, a distance of 194.93 feet; Thence N86° I6' 18"W, departing said east line, a distance of 25.66 feet; Thence N70°31'56" W a distance of 52.66 feet; Thence N89°47'22" W a distance of 130.88 feet; Thence N59°17'04" W a distance of 102.88 feet; PIP 1111111111111111111111111111111111111111111111111111111 613161 09/03/1997 01:26P 81032 P428 388 2 of 2 R 11.00 p 0.00 N 0.00 GRRFIELD CLERK Thence N20°37'00" W a distance of 104.04 feet; Thence S83 °07'04'-'W a distance of 46:84 feet; Thence N76°08'39"W a distance of 54.29 feet; Thence N45°30'37"W a distance of 26.93 feet to a point on the north line of said Section 24; Thence N89°52'42"W, along said north line, a distance of 77.44 feet; Thence N00°00'00"W, departing said north line, a distance of 777.60 feet; Thence N62026'41 "W a distance of 318.85 feet; Thence N69°40'27"E a distance of 49.26 feet to a point of curvature; Thence along a curve to the left a distance of 115.99 feet, said curve having a radius of 90.00 feet, a delta angle of 73050131", and a chord distance of 108.13 feet which bears N32 °45'11"E to a point of compound curvature; Thence along a curve to the left a distance of 280.05 feet, said curve having a radius of 214.50 feet, a delta angle of 74°48'22", and a chord distance of 260.58 feet which bears N41 °34'16"W; Thence N40 002112'E a distance of 66.13 feet; Thence N23°44'56'E a distance of 80.65 feet; Thence NI2°37'17"E a distance of 78.08 feet; Thence N06°24'47"E a distance of I32.76 feet; Thence N13°45'22"E a distance of 152.39 feet; Thence N17025'32"E a distance of 191.97 feet; Thence N13 °52'55"E a distance of 98.55 feet; Thence N13 017'57"E a distance of 136.88 feet; Thence S89°39'09"W a distance of 696.27 feet to the Point of Beginning. The above described excepted parcel contains 70:000 acres, more or less, and is also known and described as Parcel 1 of the Roc Subdivision Exemption, the plat of which was recorded August 22, 1997 as Document 512674, Garfield County Records. (Mailing address of grantee;s:; 1998 Odin Drive, Silt, CO 81652) with all its appurtenances, and warrant(s) title against all persons claiming under me. Signed August 1997. STATE OF KANSAS" COUNTY oN.] oh AMA/ l ) ss. ) 1 LPN Rebecca Williams The foregoing instrument was acknowledged before me on August a_r , 1997 by Rebecca SNP, CNH TNESS MY HAND AND OFFICIA SEAL. Myy ctitxtsion expires_ els. �', Notary Public • 1104 FEB 1 7 1983 Recorded at :00 o'clock M. Reception No. 33853,9 MILDRED ALSDORF, RECORDER QUIT CLAIM DEED Box 620 PLGi6S * * * * * * * * * * REBECCA WILLIAMS and TIMOTHY ALLEN ROE, GRANTORS, of P. 0. Box 1158, Rifle, County of Garfield, State of Colorado (81650), hereby QUIT CLAIM to REBECCA WILLIAMS and TIMOTHY ALLEN ROE, tenants in common, GRANTEES, of P. 0. Box 1158, Rif to , County of Garfield, State of Colorado (81650), for the sum of TWO ($2.00) DOLLARS and ocher good, valuable and adequate considerations, the following described real property situated in Garfield County, State of Colorado: An undivided two-thirds interest in and to all of the oil, gas, and minerals in or upon the following described real property, to -wit: The West Half of th Northeast Quarter of the Southwest Quarter of Section 13, Township i South, Range 93 West of the Sixth Principal Meridian, containing 20 acres, more or less. Also the West Half of the Southwest Quarter of Section 13, the Northwest Quarter of the Northwest Quarter of Section 24, Township 7 South, Range 93 West, Sixth Principal Meridian, containing 120 acres, more or less. WITNESS the hands of said GRANTORS this , 1983. f ' / day of 6)74,kee. Zelle Rebecca Williams Timothy Algin Roe STATE OF UTAH ) COUNTY OF SEVIER ss. 2 LQX 620 ' n The foregoing instrument was acknowledged before me this `1day of i ,, N.:C�'•�#',c#',.Lf' tness my hand and official seal. 4• . < i commission expires: 1983, by Timothy Allen Roe. STATE OF KANSAS ) COUNTY OF JOHNSON ) 7th ss. The foregoing instrument was acknowledged before me this day of Februerv, 1983', by Rebecca Williams. Witness my hand and official seal. My commission expires: 7r) Notar�s ublic L."11;"'T L.;±1,LF:11.1';1-11Ei..11 , ;4,2'5 I Fied for record lle..1' day d. D. IP c $-.4AChas.. ;, Keegan deuption No223.550._. By _._ ...._. _.._.._.._ .._ __ • RECORDER. 1 .DErerY. J1[O fl BPS y .Made this 4th day of November in the year of our Lord one thousand nine hundred and sixty-three between BUD ROE and EVELYN D. ROE of the County of Garfield and State of Colorado, of the first part, and REBECCA WILLIAMS and TIMOTHY ALLEN ROE of the County of Garfield and State of Colorado, of the ar and part; Witnesseth, That the said part ies of the fust part, for and in consideration of the sum of consideration $2.00 together with love and affection and other good and valuable / MUMS, to the said part ies or the fust part in hand paid by the said parties of the second part, the receipt a hereof iehereby con- fessed and acknowledged ha ve granted, bargained, sold and convent]. and by these presents do grant, bargain, sell convey and confirm, unto the said portico of the second part, not in tenancy in common but to ,erne hammy. the survivor of them, their wedges and the heirs and assigns of such survivor forever, all the following described lot or parcel of land situate, lying and being in the County of Garfield and State of Colorado, remit' An undivided two-thirds interest in and to all of the oil, gas, and minerals in or upon the following described real property, to -wit: The West Half (W) of the Northeast Quarter (NEy) of the Southwest Quarter (SW1), Section Thirteen (13), Township Seven (7) South, Range Ninety-three (93) West, of the Sixth Principal Meridian (6PM) containing Twenty (20) acres, more or less. Also the West Half (W) of Southwest Quarter (SW.) Section Thirteen (I3), the Northwest Quarter (NWL) Northwest Quarter (NW4) Section Twenty Four (24), Township Seven S. (7S) Range 93 West 6th P.M., containing 120 acres, more or less Together with all and singular the hereditaments and appurtenances thereunto 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 said part ies of the fust part, either in law or equity, of, in end to the above bargained premises, with the hereditaments and appurtenances. To Have and to Hold the said premises above bargained and described, with the appurtenances, unto the acid parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor forever. And the said part ies of the first part, for them selves , their heirs, executors, and administrators, do covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, as of good sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee ample, and ha ve right.,pod full power and lawful authority to grant, bargain, aeli and convey the same in manner and form aforesaid, and that the same are free and dear from all former and other grants, bargains, sales, lens, taxes, assessments and incumbreaccs of whatever ]rind or nature socver, and the above bargained premises in the quiet and peaceable possession of the said parties of tate second part, the survivor' of them, their aasi.g_n and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the whcle or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND. In Witness Whereof, The said part ies of the first part ha ve hereunto set their handl and seals the day and year fust above written. Signed, Sealed and Delivered in the Presence of ����jj^^-� [/.1.. .,_...._.._ .....................(SEAL) Bu Roe ) SEAL ------ - 1 . Roe STATE OP COLORADO, ) ! County of._„ GARFIELQ,____ .. The foregoing instrument was acknowledged ....-- "et' ..--- ' S�,*.a ,,,, ,� before me thia�..�.. ..._._...,2�` t' -t .�•� by* Bud Roe and Evelyn D. Roel, .._........ _._. . cDr 4 4a . j4 . -......W. , , ..._.......—.. 4 `1.^ 11 } s Witness my hand and official seal 1, ? r 7:1-2 tea = My cammissiien expires,...- f _ .3 ../S7r ,4r..................._. _ .... ^t ...._...,_...°. °.° .0 tit....:..} "� 41 Notary Public. •Ir .etl.a in elatal ,,-eeatath a eaandtr. Warn barna and also silks or asperity and for whom acting. ala -1. -REVISED WARRANTY DEED TO JOINT TENANTS—The C. F. Iloectd Plank Rook t Litho. Co., Deaver, Colo, Documentary Stamps not required Ij DOCK »L1. rapt 414 Filed lar record Out _3 _.day d DeC.. Aeeeption N.22351 gilts iPPb, .lfade this D 1963. at .$ .199c'clota 91. Gbas....S...Keegan. RECORDER. DEPUTY. 6th day of November in the year of our Lord 1, '' ane thousand nine hundred and sixty-three i 1 BUD ROE and of the County of Garfield between EVELYN D. ROE and State of Colorado, of the first part, and REBECCA WILLIAMS and TIMOTHY ALLEN ROE of the County of Garfield and State of Colorado, of the second part; #, Witnesseth, That the mid part ies of the fust part, for and in consideration of the sum of eonsiiddeeration $2.00 together with love and affection and other good and valuable i} to the raid part ies of the Cunt part in hand paid by the mid partiea of the second part, the receipt whereof is hereby con- fessed and acknowledged ha granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell convey and confirm, unto the said parties of the second part, not in tenancy in common but in ;clot tenancy, the aury vor of them, their assigns and the heirs and assigns of such survivor forever, all the following described lot or parcel of land situate, lying and being in the County of Garfield and State of Colorado, to -wit• The West Half (Wi) of the Northeast Quarter (NEI) of the Southwest Quarter (SWI), Section Thirteen (13), Township Seven (7) South, Range Ninety-three (93) West, of the Sixth Principal Meridian (6PM) containing Twenty (20) acres, more or less. Also the West Half (Wk) of Southwest quarter (SWI) Section Thirteen (13), +1 the Northwest Quarter (NW,,) Northwest Quarter (NWk) Section Twenty Four (24) ..�� Township Seven 5. (75) Range 93 West 6th P.M., containing 120 acres, more or less. Except, however, 2/3rds of the oil, gas, and minerals heretofore fa conveyed out. Provided, however, the parties of the first part hereby expressly reserve to Bud Roe the use and enjoyment of all of the above described real property and the right to receive the rents, issues and profits arising therefrom and to occupy said premises for and during the period of his natural life, and at his death said life estate hereby reserved to him in said premises, together with the fee title thereto, to vest absolutely and in fee simple in the parties of the second part, or the survivor of them. Together with all and ainguler the bereditemenle and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profita thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said pari ies of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances_ To Have and to Hold the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor forever. And the raid part i es of the first part, for them ad ves, their heirs, executors, and administrators, do covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, that at the time of the enaeaiing and delivery of these presents, they are well seised of the premises above conveyed, as of good sure perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have good right, full power and lawful authority to grant, bargain, tell and convey the same in manner and form aforesaid, and that the same aro free and dear from all former and other grants, bargains, idea, liens, taxes, assessments and incumbrancm of whatever kind or nature never,. and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the whole or my part thereof, the said part ies of the firat part shall and will WARRANT AND FOREVER DEFEND. In Witness Whereof The said part ies of the first part ha ve hereunto set their hands and seals the day and year first above written. Signed, Sealed and Delivered in the Presence of 1 Bu o�t� e..`' -E-- ,T.- ..(SEAE). (SEAL) . ......._r.. (SEAL) elyn 1,'Roe —" STATE or COLORADO, County atGARFIELD before me this.,,. ,..,..., _..day ar__._Nfl.Y..4mbQ.F.,,, by* Bud„ gee and Evelyn D. Roe,_ The foregoing instrument was acknowledged Witness my hand and official seal. My eommicion Notary Public. • •il acting is c ISr al or ,eprneetat.ce rapacity, Insert Hann cud also Act or eap.cltr .ad for reborn acting. 339-P-R1EVIStD WARRANTY DEED TO JOINT TENANTSTLrC. F. Horde; Bkni; Beek & Liths Co., Depvst, Cdr. Documentary Stamps not required 41 i' I I I If 3