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HomeMy WebLinkAbout1.0 ApplicationKa rp. N e u. HAa�n lYon Michael J. Sawyer mjs@mountainlawfirm.com March 9, 2016 Sander N. Karp* James S. Neu Karl J. Hanlon Michael J. Sawyer James F. Fosnaught Jeffrey J. Conklin Andrew A. Mueller * Fellow of the College of Labor and Employment Lawyers Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Matthew L. Trinidad Patrick L. Barker Jon T. Hoistad Delphine F. Janey Of Counsel Richard I. Zuber** Anna S. Itenberg Greg S. Russi Hollie L. Wieland ** Fellow of the American Academy of Matrimonial Lawyers Glenwood Springs Office 201 14th Street, Suite 200 P. O. Drawer 2030 Glenwood Springs, CO 81602 Aspen Office*** 323 W. Main Street, Suite 301 Aspen, CO 81611 Montrose Office *** 1544 Oxbow Drive, Suite 224 Montrose, CO 81402 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 www.mountainlawfirm.com ***All correspondence should be sent to the Glenwood Springs office Re: Application for County Road Split Subdivision Exemption Review for 7225 County Road 312, New Castle Community Development Department: Enclosed with this letter is an Application and supporting materials for a County Road Split Subdivision Exemption review pursuant to Garfield County Land Use and Development Code ("LUDC") Section 5-202. The property subject of the Application is located at 7225 County Road 312, New Castle, and is known by Garfield County Assessor's Parcel No. 2183-322-00-011 (the "Property"). Mr. Donald J. Trisch is the owner of the Property and applicant for the review. The Property, which is approximately 280 acres in size, is physically divided by County Road 312. The road divide isolates an approximately 2.13 acre portion of the Property northeasterly of County Road 312 from the Property's remainder. The isolation of the 2.13 acre parcel results in an inability to use that parcel jointly with the rest of the larger ranch. Approval of the requested subdivision exemption would result in two parcels compliant with LUDC parcel dimension requirements, as each resulting parcel will be greater than 2 acres. If legal division of the Property is approved by the County, Mr. Trisch intends to locate a single unit dwelling on the 2.13 parcel, which constitutes a use by right under the LUDC. A single unit dwelling exists on the remainder of the Property. In addition to the County's Application form, the following items required by LUDC Table 5-401 and Section 4-203 are included: 1. Garfield County Payment Agreement Form signed by Donald J. Trisch submitted pursuant to County requirements. Karp_Neu_Hanlanl A7TORNrrs an F •r Application for County Road Split Subdivision Exemption Review for 7225 County Road 312, New Castle Page 2 2. Authorization for me, Michael J. Sawyer, Esq., to act on Mr. Trisch's behalf for all matters relating to the Application and review. The authorization letter is submitted pursuant to Section 4-203.B.1.a. 3. A title insurance commitment from Commonwealth Title Company of Garfield County, Inc. reflecting Mr. Trisch's ownership of the Property at Schedule A, Entry 3. This is the proof of ownership required by LUDC Section 4-203.B.2. 4. A map of real property located within a 200 -foot radius of the Property as shown in the Office of the County Clerk and Recorder, and a listing of the owners of record thereof inclusive of mailing addresses. This is submitted pursuant to LUDC Section 4-203.B.3.a. 5. A listing of the Property's mineral estate owners and lessees, if any, inclusive of mailing addresses. This is submitted pursuant to LUDC Section 4-203.B.3.b. 6. A statement contained in this letter and materials regarding water supply and distribution and wastewater management for the Property subsequent to division. This is submitted pursuant to LDDC Section 4-203.M and N. 7. A statement contained in this letter regarding access to the Property subsequent to land division. This is submitted pursuant to LUDC Table 5-401. 8. A vicinity map integrated with a proposed final plat of the land division. With regard to approval criteria contained in Section 5-202: A. The right-of-way prevents joint use of affected, proposed lots. The 2.13 acre portion of the Property located northeast of County Road 312 is physically and operationally separated from the remainder of the ranch. The primary use of the 2.13 acres has been to stack hay and as a boneyard for old equipment. The owner plans to relocate the hay stack and equipment storage area to a soon-to-be developed ranch compound on the main ranch parcel where those uses will be more easily managed. The remaining use of the 2.13 acre parcel is irrigation. However, irrigation of this portion of the ranch is difficult (getting water under the road). It requires crossing the county road frequently on four -wheelers when the water is running (creating a danger to ranch workers and on -coming traffic). Once the new ranch compound is developed, there will be little reason to use the 2.13 acre parcel. It likely will be dried up and no longer irrigated. The 2.13 acre parcel simply is not integrated into the main ranch due to its severance by the County Road. Karp_Neu_Hanlanl A7TORNrrs an F •r Application for County Road Split Subdivision Exemption Review for 7225 County Road 312, New Castle Page 3 B. and C. The proposed exemption lots have a sufficient legal and physical source of water pursuant to LUDC Section 7-104, Source of Water. The proposed exemption lots have adequate sewage disposal system pursuant to LUDC Section 7-105, Central Water Distribution and Wastewater Systems. Applicant intends to provide a water supply to the 2.13 acre parcel through a new groundwater well located on the 2.13 acre parcel. Because a subdivision exemption is sought for the 2.13 acre parcel, if approved it will have a legal water supply with an in-house use exempt well permit. The improvements on the remainder of the ranch are already served by a groundwater well operating under lawns Division of Water Resources Permit No. 158787-A. This is a 35 acre except well permit which allowed for ordinary household purposes inside one 1 single family dwelling, the watering of domestic animals and the irrigation of not more than 43,500 square feet of home gardens and lawns. Because the remaining ranch parcel will continue to have more than 35 acres, this parcel will continue to qualify for a 35 acre exempt well permit legal water supply. Applicant intends to treat and manage wastewater on the 2.13 acre parcel via an ISDS system located on the 2.13 acre parcel. The improvement on the remainder of the ranch is served by an ISDS system permitted under Garfield County Department of Environment ISDS Permit No. 377. In a February 11, 2016 Pre -Application Conference with Senior Garfield County Planner David Pesnichak, Applicant's representative was advised that the County's assessment of physical water supply and wastewater management for the both the 2.13 acre parcel and the remaining ranch parcel can be made in two steps. The first step is assessment of: 1) the probability that a well drilled on the 2.13 acre parcel will provide an adequate physical water supply of water, as determined through an engineering report based on a review of nearby groundwater data, and 2) the probability that an ISDS system can be sited on the 2.13 acre parcel and adequately manage wastewater generated thereon, as determined through an engineering report based upon soil data and ISDS permits in the vicinity of the subject parcel. The second step would occur after an approval of the subdivision exemption (with conditions). Prior to recording the plat, the owner will need to drill a well on the 2.13 acre parcel and measure volume and quality of physical water supply to show it meets County water supply criteria. Also, the owner will need to conduct an assessment of the water quality and volume produced by the currently operating well and demonstrate it meets County water supply criteria.. Included with this application is a report by Zancanella and Associates Engineering Consultants addressing the first step items: probability of finding groundwater on the 2.13 acre parcel and ability to site an ISDS on the 2.13 acre parcel. Karp_Neu_Hanlanl a7raenrrs an F •r Application for County Road Split Subdivision Exemption Review for 7225 County Road 312, New Castle Page 4 D. The proposed exemption lots have legal and adequate access pursuant to section 7- 107, Access and Roadways. Access to the 2.13 acre parcel will be from County Road 312 via a new driveway constructed in accordance with Garfield County Road and Bridge Department requirements. Access to the remainder parcel will be made through existing access from County Road 312. E. The Final Plat meets the requirements per section 5-402.F., Final Plat. The plat was prepared using the guidelines in the Pre -application Conference Summary. If changes need to be made, we will accommodate the County's review. In addition to the three paper copies of the foregoing, a copy of this letter and those materials are included on the CD provided herewith. Very tnily yaws, KARP NEU l N N licha.i J_ a ; .er Mar09 16 12:16p Don & Mary Trisch Ec Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com TYPE OF SUBDIVISION/EXEMPTION 8303363920 p.2 DIVISIONS OF LAND APPLICATION FORM ❑ Minor Subdivision Major Subdivision ❑ Sketch D Preliminary ❑ Final ❑ Preliminary Plan Amendment ❑ Final Plat Amendment O Common Interest Community Subdivision Conservation Subdivision ❑ Yield 0 Sketch D Preliminary D ❑ Time Extension Final O Public/County Road Split Exemption O Rural Land Development Exemption INVOLVED PARTIES Owner/Applicant Name: Donald J. Trisch Mailing Address: P.O. Box 290512 Phone: (-26/ ) aaq - 94' 9oZ city: Kerrville E-mail: dtrisch@onquest.com State: TX Zip Code: 78028 Representative (Authorization Required) Name: Michael Sawyer, Esq. Phone: (970 ) 945-2261 Mailing Address: PO Drawer 2030 City: Glenwood SpringsState: CO zip code: 81602 E-mail: mjs©mountainlawfirm.com PROJECT NAME AND LOCATION Project Name: County Road Split Exemption - 7225 County Road 312 Assessor's Parcel Number: 2 1 8 3. 3 2 2- 0 0- 0 1 1 Physical/Street Address: 7225 County Road 312, New Castle Legal Description: See attached Exhibit A I Zone District: Rural 280 Property Size (acres): Mar 09 16 12:16p Don & Maly Trisch Project Description 8303363920 p.3 Existing Use: Majority of parcel is forested with scrub oak, but a single family residential home exists an the parcel within the southwesterly portion of the NW1/4 of the NW1/4 of Sec, 32, Twp. 6S, Range 90W. An approximately 2.13 acre portion of the parcel is physically split from the remainder by County Road 312 as constructed and in place. This portion of the parcel constitutes its northeastern corner. Proposed Use (From Use Table 3-403): Single Unit Dwelling Description of Project: Applicant proposes to divide the 2.13 acre portion of the parcel split from the remainder by County Road 312 pursuant to the PubliclCounty Road Split Subdivision Exemption Review process described at Section 5-202 of the Garfield County Land Use and Development Code of 2013, as amended. If the land division is approved, Applicant or successors -in -interest intends to construct a Single Unit Dwelling thereon. Proposed Development Area Land Use Type # of Lots # of Units Acreage Parking Single Family 1 1 .04 acre .01 acre Duplex I ! L Multi -Family ] t t 1 Commercial Industrial Open Space . Other 1 Total 1 1 .04 acre .01 acre REQUEST FOR WAIVERS Submission Requirements ❑ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards Q The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: 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 Pr`q Owner i OFFICIAL USE ONLY ' File Number: Date Fee Paid: Exhibit A 7225 County Road 312 County Road Split Exemption Application Form of Donald J. Trisch E1/2 of the NE1/4 and NE1/4 of the SE1/4 in Section 31, and W1/2 of the NW1/4 and W1/2 of the SW 1/4 in Section 32, each in Township 6 South, Range 90 West of the 6th P.M., EXCLUDING therefrom an approximately 0.84 acre parcel known by Garfield County Assessor's Parcel Number 218331100009 and described as a tract of land situate in the NE1/4 NE1/4, Section 31 Township 6 South, Range 90 West, 6th P.M., lying Southerly of a County Road as constructed and in place, described as follows: Beginning at a point on the Southerly right-of-way line of said road whence a stone properly marked for the E1/4 corner of Section 30 in said Township and Range bears North 07°10'45" East 2692.71 feet; thence South 00°16'29" West 205.54 feet; thence North 88°44'59" West 177.41 feet; thence North 00°02'47" West 205.72 feet to a point on the Southerly right-of-way of said road; thence South 88°4T03" East 178.56 feet along the Southerly right-of-way line of said road to the Point of Beginning. Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 218332200011 PROJECT: County Road Split Exemption OWNERS/APPLICANT: TRISCH, DONALD J REPRESENTATIVE: Karp Neu Hanlon, PC Mike Sawyer PRACTICAL LOCATION: 7225 312 COUNTY RD, NEW CASTLE 81647 (280 acres) ZONING: Rural TYPE OF APPLICATION: Administrative Review - Public/County Road Split Exemption DATE: February 11, 2016 I. GENERAL PROJECT DESCRIPTION The applicant is requesting Public/County Road Split Exemption on a 280 acre parcel located within the Rural zone district. The Applicant is proposing to split the northeast corner of the property from which is split by County Road 312. It is estimated that the size of the property to be split is approximately 2.4 acres. The Applicant will need to address the specific provisions of Section 5-202, including how the right-of-way prevents the joint use of affected proposed lots and how access, water and wastewater service will be provided to all parcels. A final plat will also need to be created pursuant to Section 5-402.F, Final Plat. It is understood that the unit would be served by an individual well and septic. The applicant will need to demonstrate adequate legal water (a well permit and augmentation plan, if applicable). A 4 - hour pump test and water quality test are required. In addition, the applicant will need to demonstrate that the soils are capable of handling a new On-site Wastewater Treatment System (OWTS). A new septic system would be required to obtain all necessary OWTS permits from Garfield County and would be required as a condition of approval. The applicant is encouraged to contact the Garfield County Road and Bridge Dept. to obtain preliminary feedback on any necessary requirements for driveway permits to the new lot. The applicant must also show that all lots will have legal and adequate access per Section 7-107. The property is located within the Rural Zone District. In addition, the Garfield County Comprehensive Plan of 2030 Medium High Residential Density designation of 2 to 6 acres per dwelling unit. The Rural Zone district has a minimum lot size of 2 acres. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS • Garfield County Comprehensive Plan of 2030 • Garfield County Land Use and Development Code, as amended • Table 4-101- Common Review Procedures and Required Notice • Section 4-103 - Administrative Review • Table 5-103 — Procedures and Notice • Section 5-202 — Public/County Road Split Exemption • Table 5-401— Submittal Requirements • Section 4-203(8), (C), (M), (N) — Submittal Requirements • Section 5-402(F), Final Plat and 5-402(1), Codes Covenants and Restrictions III. REVIEW PROCESS • The review process shall follow the steps as contained in Table 4-102 and Section 4-103, Administrative Review. IV, SUBMITTAL REQUIREMENTS Please refer directly to Table 5-401 for submittal information which are summarized below: • 4-203.B General Application Materials o Application form; o Agreement to pay form; o Project Description; o Deed and title commitment; o Statements of Authority (SOA) (Karp Neu Hanlon); o Letter of Authorization (providing authorization from property owners to the individual submitting the application); o Names and mailing addresses of mineral owners of subject parcel (See attached Memo); o Names and mailing addresses of owners of property within zoo feet of subject parcel; o Assessor map indicating the above properties • 4-203.0 Vicinity Map • 4-2o3.M Water Supply and Distribution Plan Note: Provide evidence that all parcels will be served by a legal and adequate water supply. • 4-203.N Wastewater Management and System Plan Note: Provide evidence that all parcels will be served by an adequate wastewater system. • 5-402.F. Final Plat Note: Plat should be prepared by a licensed surveyor and should include all easements or other encumbrances on the property. A title commitment should be submitted to ensure this information is accurate. Any new easement as a result of the subdivision should be shown on the plat. 2 • Response to Review Criteria. In considering a Public/County Road Split Exemption application, the application shall demonstrate the following: 1. The right-of-way prevents joint use of affected, proposed Tots. 2. The proposed exemption Tots have a sufficient legal and physical source of water pursuant to section 7-104, Source of Water. 3. The proposed exemption lots have adequate sewage disposal system pursuant to section 7-105, Central Water Distribution and Wastewater Systems. 4. The proposed exemption lots have legal and adequate access pursuant to section 7-107, Access and Roadways. 5. The Final Plat meets the requirements per section 5-402.F., Final Plat. • Waiver requests — The Applicant may request waiver of certain submittal requirements upon demonstration that the waiver complies with Section 4-202. Submit three paper copies and one electronic version of the complete application. Additional copies will be requested upon determination of completeness. See the land use code for additional information on submittal requirements. IV. APPLICATION REVIEW a. Review by: b. Public Hearing: Staff for completeness recommendation and referral agencies for additional technical review X None (Director's Decision) _Planning Commission _ Board of County Commissioners _ Board of Adjustment Though no public hearing is required, the applicant is required to moiled notice at least 15 days prior to the date of the Director's Decision to all Adjacent Property Owners with 200 feet and Mineral Owners of Interest. c. Referral Agencies: May include Garfield County Road and Bridge Department, Fire Protection District, Garfield County Designated Engineer (fee), Environmental Health, State of Colorado Division of Water Resources, Vegetation Manager, County Surveyor (fee), and others as may apply. Application Submittal 3 Hard Copies 1 Digital PDF Copy (on CD or USB stick) Both the paper and the digital copy should be split into individual sections, Please refer to the list included in your pre -application conference summary for the submittal requirements that are appropriate for your application: • General Application Materials • Vicinity Map • Site Plan • Grading and Drainage Plan • Landscape Plan • Impact Analysis • Traffic Study • Water Supply/Distribution Plan • Wastewater Management Plan • Article 7 Standards V. APPLICATION REVIEW FEES a. Planning Review Fees: $ 300.00 (Check made out to Garfield County Treasurer) b. Referral Agency Fees: $ TBD — consulting engineer/civil engineer fees c. Total Deposit: $ 300.00 (additional hours are billed at $40.50 /hour) General Application Processing Planner reviews case for completeness and sendsto referral agencies for comments. The case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review and makes a recommendation of approval, approval with conditions, or denial to the Director of the Community Development Department. The Director's decision is subject to a 10 -day call-up period. The pre -application meeting summary is only valid for six (6) months from the date of the written summary. 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 create a legal or vested right. Pre -application Summary Prepared by: -- enior Planner 4 February 11, 2016 Date Mar 09 16 12:16p Don & Mary Trisch 8303363920 p.1 Gar. field County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") Donald J. Trisch agree as follows: 1. The Applicant has submitted to the County an application for the following Project: County Road Split Exemption Review - 7225 County Road 312 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land, 1 hereby agree to pay all fees related to this application: Billing Contact Person: Donald J. Trisch Phone: (251 ) 7 - ? Billing Contact Address: City: Kerrville P,O. Box 290512 Billing Contact Email: cltrisch@onquest.com State: TX Zip Code: 7$028 Printed Name of Person Authorized to Sign: Donald J. Trisch (Signature) 3/9/"26 //‘ (Date) Mar 09 16 12:17p Don & Mary Trisch 8303363920 p.5 AUTHORIZATION TO ACT I, Donald J. Trisch, hereby authorize Michael J. Sawyer, Esq, of the law firm of Karp Neu Hanlon, P.C., to act on my behalf for all matters relating to a County Road Split Exemption Review for the parcel 1 own at 7225 County Road 312, New Castle, CO 81647, such parcel also being known as Garfield County Assessor's Parcel Number 2183-322-00-011. This Authorization is dated effective as of March "7 2016. Donald J. Trisc Commonwealth Title Company of Garfield County, Inc. 127 E. 5th Street Rifle, CO 81650 Phone (970) 625-3300 / Fax (970) 625-3305 1322 Grand Avenue Glenwood Springs, CO 81601 Phone (970) 945-4444 / Fax (970) 945-4449 Date: February 9, 2016 File No. 1601042-1 Property Address. 7725 County Road 312, New Castle Listing Agent Vicki Lee Green Realtors 930 Grand Avenue Glenwood Springs, CO 81601 Attn: LaPriel Email: lapriel@v1grealtors.com Buyer Ringer Revocable Living Trust and Sylvia M. Ringer and Matthew M. Ringer Email: ringer_m@yahoo.com; sylvski@yahoo.com Seller Donald J. Trisch PO Box 290512 KERRVILLE, TX 78028 Email: dtrisch@onquest.com Selling Agent Bullock & Hinkey Real Estate: 3110A Blake Avenue Glenwood Springs, CO 81601 Attn: Bill Bullock Email: h2olandman@gmail.com COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 1601042-1 1. Effective Date: January 29, 2016 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) Proposed Insured: Ringer Revocable Living Trust and Sylvia M. Ringer and Matthew M. Ringer (b) ALTA LOAN POLICY (ALTA 6-17-06) Proposed Insured: $950,000.00 3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and is at the effective date hereof vested in: Donald J. Trisch 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: See Attached Exhibit "A" TITLE CHARGES Owner's Policy Standard Coverage Owner's Extended Coverage Tax Certificate COUNTERSIGNED: Patrick P. 3 i1w'WaUi $2,118.00 65.00 15.00 American Land Title Association Schedule A (Rev'd 6-06) Authorized Officer or Agent Valid Only if Schedule B and Cover Are Attached Issuing Agent: Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, CO 81650 File No. 1601042-1 EXHIBIT "A" Parcel A: Township 6 South, Range 90 West of the 6th Principal Meridian Section 31: E'/2NE'/4, NE'/4SE'/4 Section 32: W'/2 NW'/4, W'/2SW'/4 EXCEPT a tract of land situate in the NE'/4NE1/4, Section 31 Township 6 South, Range 90 West, 6th P.M., lying Southerly of a County Road as constructed and in place, described as follows: Beginning at a point on the Southerly right-of-way line of said road whence a stone properly marked for the E'/4 corner of Section 30 in said Township and Range bears North 07°10'45" East 2692.71 feet; thence South 00°16'29" West 205.54 feet; thence North 88°44'59" West 177.41 feet; thence North 00°0T47" West 205.72 feet to a point on the Southerly right-of-way of said road; thence South 88°42'03" East 178.56 feet along the Southerly right-of-way line of said road to the Point of Beginning ALSO EXCEPT that portion of the above described parcel lying North and East of County Road No. 312 Parcel B: Township 6 South, Range 90 West of the 6th P.M. Section 32: That portion of the W'/2NW' lying North and East of County Road No. 312 to be determined by survey File No. 1601042-1 SCHEDULE B - SECTION 1 The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located. 1. Warranty deed from Donald J. Trisch vesting fee simple title in Ringer Revocable Living Trust and Sylvia M. Ringer and Matthew M. Ringer. 2. Deed of Trust from Ringer Revocable Living Trust and Sylvia M. Ringer and Matthew M. Ringer to the Public Trustee of Garfield County for the use of Donald J. Trisch. 3. Deleted. 4. Recordation of a Statement of Authority for Ringer Revocable Living Trust,evidencing the existence of the entity and authority of the person authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity, and containing the other information required by CRS 38-30-172, evidencing the existence of said entity prior to its acquisition of title to the land herein. 5. The Company must be furnished a copy of (1) the Trust; (2) all amendments thereto; (3) evidence satisfactory to the Company that all actions relating to the sale and the execution and delivery of the deed as required under applicable law and the governing documents have been conducted, given or properly waived 6. Receipt of satisfactory Improvement Survey Plat certified to the Company (i) prepared from an on -the -ground inspection by a registered land surveyor licensed in the State of Colorado; (ii) currently dated, showing the location of the Property and all improvements, fences, easements, roads, rights-of-way and encroachments or other matters identified in Schedule B - Section 2 of this Commitment, to the extent such matters are capable of being shown, (iii) containing a legal description of the boundaries of the Property by metes and bounds or other appropriate legal description; and (iv) meeting the criteria of Colorado Revised Statute 38-51-102(9), as amended, for an Improvement Survey Plat. 7. Execution of a Final Affidavit and Agreement indemnifying the Company against unfiled mechanic's and materialmen's liens. NM 6 American Land Title Association Commitment Schedule B - Section 1 - Form 1004-5 DISCLOSURES Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph F provides: "Whenever a title entity provides the closing and settlement service that is in conjunction with the issuance of an owner's policy of title insurance, it shall update the title commitment from the date of issuance to be as reasonably close to the time of closing as permitted by the real estate records. Such update shall include all impairments of record at the time of closing or as close thereto as permitted by the real estate records. The title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title commitment, for all undisclosed matters that appear of record prior to the time of closing." Provided Commonwealth Title Insurance Company of Garfield County, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. NOTE: Exception No. 4 of Schedule B - Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: A. The land described in Schedule A of this Commitment must be a single family residence, which includes a condominium or townhouse unit. B. No labor or materials may have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive appropriate affidavits indemnifying the Company against all unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A through C above is subject to such additional requirements or information as the Company may deem necessary; or, at its option, the Company may refuse to delete the exception. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Pursuant to C.R.S. §10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right, and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform. Pursuant to C.R.S. §10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. If the transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. §39-22-604.5 (Nonresident withholding). Pursuant to C.R.S. §38-35-125(2), no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. C.R.S. §39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the same as the property address) be included on the face of the deed to be recorded. File No. 1601042-1 SCHEDULE B - SECTION 2 Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the company: 1. Rights or claims of parties in possession not shown by the Public records. Note: This exception will be deleted on the final policy upon compliance with the requirements herein. 2. Easements, or claims of easements, not shown by the public records. Note: This exception will be deleted on the final policy upon compliance with the requirements herein. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records. Note: This exception will be deleted on the final policy upon compliance with the requirements herein. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. Note: Exception No. 4 will be deleted upon receipt of Final Affidavits and Agreements indemnifying the Company against unified mechanic's and materialmen's liens. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. Note: Exception 5 will be deleted on the final policy if Commonwealth Title Company of Garfield County, Inc. closes the proposed transaction and records the applicable instruments of conveyance. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. Note: Exception 6 will read: "General taxes and assessments for the year 2015 and thereafter, not yet due and payable." on the final policy if Commonwealth Title Company of Garfield County, Inc. closes the proposed transaction. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. The following affect Parcel A: 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded May 10, 2006 in Book 56 at Page 546 and October 3, 1939 in Book 194 at Page 584. The following affect Parcels A and B: 10. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded March 3, 1923 in Book 73 at Page 144. 11. Terms, conditions, restrictions, right of way and all matters set forth and described in Surface Use, Access and Right -of -Way Agreement by and between Donald J. Trisch and Linda Lashley and Laramie Energy LLC recorded January 26, 2005 in Book 1658 at Page 345. 12. Right of way for County Road No. 312. 13. Terms and conditions of Oil and Gas Lease by and between Linda Lashley, aka Linda Lashley Trusch, aka Linda Trisch and Donald Junior Trisch, aka Donald Trisch, as Lessor and Williams Production RMT Company, as Lessee, recorded December 17, 2009 as Reception No. 779285 and correction recorded March 16, 2010 as Reception No. 783360 and any and all interests therein or assignments thereof. 14. Terms and conditions of Request for Materials and Cooperative Agreement for Damage Prevention Fencing recorded December 7, 2011 as Reception No. 811724. NOTE: EXCEPTION(S) 1,2,3 and 4 WILL NOT APPEAR IN THE OWNERS POLICY TO BE ISSUED HEREUNDER. The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B - Section 2, the following items: (1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales. NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. American Land Title Association Commitment Schedule B - Section 2 Form 1004-12 COMMONWEALTH TITLE COMPANY PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • • • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means. Information about your transactions with us, our affiliated companies, or others; and Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. 218330402004 218330402003 218330400055 218329300056 218329300049 218330402001 218329300050 218332200082 218331100009 Real Property Parcels Referenced by Garfield County Assessor's Parcel Identification Numbers 218332200083 218332200015 218331100956 Subject Parcel 218332200078 218332300077 218332300958 ,47 218331100956 1218331100956 4000 n W—Acr x, • pRealFeProoerty Parcels and Owners Within 200 Feet of Parcel No. 218332200011 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. The 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, maintenance, and correction. No liability is assumed by Garfield County as to the accuracy of the data delineated herein. Listing and Mailing Address of Property Owners Within 200 Feet of Garfield County Parcel No. 218332200011 Parcel No. Owner Name Care Of Address City Stat Zip Code 218331100956 BUREAU OF LAND MANAGEMENT C/O COLORADO RIVER VALLEY FIELD OFFICE 2300 RIVER FRONTAGE ROAD SILT CO 81652 218332200015 HANKS, LESTER R & SARA LEE 7518 COUNTY ROAD 312 NEW CASTLE CO 81647 218330400055 HOSTETLER, FLOYD D & JENNIFER S 7192 COUNTY ROAD 312 NEW CASTLE CO 81647 218331100009 218332300077 218330402001, 218330402002, 218330402003, 218330402004 JENKINS, DANIEL W & LISA E JOHNSON, RODNEY W & CAROLE J ORR, LACY & SMITH, HOWARD G 7129 COUNTY ROAD 312 PO BOX 65 319 E MAIN STREET NEW CASTLE ROLETTE CO 81647- 9634 ND 58366 CARTERSVIL GA 30120 LE 218332200082 REED, JOHN K & GIBSON, MARY 7550 COUNTY ROAD 312 NEW CASTLE CO 81647 218332200083 REED, JOHN K TRUST & GIBSON, MARY L TRUST 7550 COUNTY ROAD 312 NEW CASTLE CO 81647 218329300049 RICHARDSON, GERALD L & KATHERINE A 7398 COUNTY ROAD 312 NEW CASTLE CO 81647- 9633 218329300050 218332200078 218329300056 RODREICK, PERRY DAN & MARY B SMITH, WILLIAM M & PATRICIA A STOTT, LONNIE R & STACEY L STOTT, LONNIE CODY 5118 COUNTY ROAD 311 795 COUNTY ROAD 326 251 EMMA ROAD NEW CASTLE SILT BASALT CO CO CO 81621 81647- 9624 81652 Listing and Mailing Addresses of Mineral Owners and Lessees Garfield County Parcel No. 218332200011 Location: E1/2NE1/4, NE1/4SE1/4 in Section 31, and W1/2NW1/4, Sec. 32, Twp. 6 South, Rng. 90 West of the 6th P.M. Mineral Estate Owners: Mineral Estate Lessee: Donald J. Trisch P.O. Box 290512 Kerrville, TX 78028 None, due to expiration of Oil and Gas Lease between Donald J. Trisch and Linda L. Trisch and Williams Production RMT Company, dated December 1, 2009 resulting from non -production. Location: W1/2SW1/4, Sec. 32, Twp. 6 South, Rng. 90 West of the 6th P.M. Mineral Estate Owners: Mineral Estate Lessee: United States of America c/o Bureau of Land Management 2850 Youngfield Street Lakewood, CO 80215-7210 Oxy USA, Inc. (or Assignees) 5 Greenway Plaza, Suite 110 Houston, TX 77046-0521 Per BLM Oil and Gas Lease Serial No. 065513 P.O. Box 1908 1011 Grand Avenue Glenwood Springs, CO 81602 Z4NC4NELL4 414I3 4550CIwTES, INC. ENGINEERING CONSULT4NTS March 2, 2016 Michael J. Sawyer, Esq. Karp, Neu & Hanlon Via Email: mjs@mountainlawfirm.com RE: Trisch Road Split Exemption Dear Michael: (970) 945-5700 (970) 945-1253 Fax At your request, Zancanella & Associates has investigated the Trisch Road Split Exemption. We have examined water wells near the proposed exemption location to determine the likelihood of drilling a successful well on the exemption. We have also studied the soils and waste disposal systems in the area for suitability for a new OWTS on the exemption property. Figure 1 shows the locations of six wells nearest the exemption location that were examined from records from the Colorado State Engineer's Office. All six wells were drilled into the Tertiary age Wasatch Formation and all six wells produce water in amounts between 2 gallons per minute (gpm) and 15 gpm. The wells ranged between 130 and 200 feet deep. Based on these findings, it is our opinion that it is likely that a successful water well could be drilled on the exemption property. Because the property is to be an exemption, the exempt domestic well permit that will be requested will be limited to 15 gpm and will be limited to in-house use only. The well will also be exempt from 600 foot spacing consideration as a 15 gpm well serving on single family residence. Figure 2 is a representation of the property underlain by the U. S. Department of Agriculture soils map for the area. The soil type represented by the number 68 is described as Vale Silt Loam, which should provide adequate drainage for a septic tank and leach field. Soil 65 is a Torrifluvents and is derived from alluvial material from Garfield Creek. The Torrifluvents will probably not have the necessary drainage characteristics for leach field construction. Figure 2 also shows that there is sufficient space on the property for the septic tank and leach field 100 foot setback from the well and 50 foot setback from Garfield Creek. We have been advised that the proposed house will probably have four bedrooms and three baths. This size house will require a minimum septic tank size of 1250 gallons and the leach field size will be approximately 1200 square feet. These findings are only preliminary. The actual siting and engineering for the septic tank and leach field will require onsite testing and more exact water usage information that is outside the scope of this report. If you have any questions, please contact our office at (970) 945-5700. Very truly yours, Zancanella & Associates, Inc. dice Tlifas ji&Zar1canella P. E. Bradley C. P Attachments ek, Geologist z:\2016 jobs\16500 trisch property\preliminary report.docx Zancanella & Associates, Inc. 2 d z W I.1 TRISCH SUBDIVISION EXEMPTION NEARBY WATER WELLS 0 0 LO CO 1- U W 0 0- (0°81 - O w N 0 O §w w C 0 r N a CO N 0 F U ma U m ce0 O 6MP-sllaM\A4adad 4osu1 0099 \sgor 9I.OZFZ 0 0 c0 1- 0 W 0 d 0 z 0 Z_ U cn Q W 0 N a CO>- � Q (n Z_ J W W 1;‘, LL FO w tn cc 0 Z N w ¢N 0 CC 0 r CO N 0 F- 0- Q. -.aQ 0 0 J 0 U N CD • NI Y N 2 U ma m Q O 1:^Wyosul 00S91.\sgor 9LOZ\Z CERTIFICATE OF DEDICATION AND OWNERSHIP TRISCH SUBDIVISION EXEMPTION PLAT Parcels of Land Situate in the El/2 Section 31 & the W1/2W1/2 Section 32, Township 6 South, Range 90 West of the 6th P.M., County of Garfield, State of Colorado THE UNDERSIGNED, DONALD J. TRISCH BEING SOLE OWNER(S) IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN GARFIELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: TOWNSHIP 6 SOUTH, RANGE 90 WEST OF THE 6TH P.M. SECTION 31: E1/2NE1/4, NE1/4SE1/4 SECTION 32: W1/2NW1/4, W1/2SW1/4 EXCEPT A TRACT OF LAND SITUATE IN THE NE1/4NE1/4, SECTION 31, TOWNSHIP 6 SOUTH, RANGE 90 WEST OF THE 6TH P.M. LYING SOUTHERLY OFA COUNTY ROAD AS CONSTRUCTED AND IN PLACE, DESCRIBED AS FOLLOWS: BEGINNING ATA POINT OF THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID ROAD WHENCE A STONE PROPERLY MARKED FOR THE E1/4 CORNER OF SECTION 30 IN SAID TOWNSHIP AND RANGE BEARS NORTH 07°10'45" EAST 2692.71 FEET; THENCE SOUTH 00°16'29" WEST 205.54; THENCE NORTH 88°44'59" WEST 177.41 FEET; THENCE NORTH 00°02'47" WEST 205.72 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID ROAD, THENCE SOUTH 88°42'03" EAST 178.56 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID ROAD TO THE POINT OF BEGINNING. TOGETHER WITH ALL IMPROVEMENTS SITUATE THEREON, ALSO, TOGETHER WITH ANY AND ALL DITCH AND WATER RIGHTS BELONGING TO , USED UPON OR IN CONNECTION WITH THE ABOVE DESCRIBED LANDS. CONTAINING 280 ACRES, MORE OR LESS HAS BY THESE PRESENTS LAID OUT AND PLATTED THE SAME AS SHOWN ON THIS PLAT UNDER THE NAME AND STYLE OF TRISCH SUBDIVISION EXEMPTION, AN EXEMPTION PLAT OF LANDS IN THE COUNTY OF GARFIELD. THE OWNER(S) DO(ES) HEREBY DEDICATE AND SET APART ALL OF THE STREETS AND ROADS AS SHOWN ON THE ACCOMPANYING PLAT TO THE USE OF THE PUBLIC FOREVER, AND HEREBY DEDICATE(S) TO THE PUBLIC UTILITIES THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED AS UTILITY EASEMENTS ON THE ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES, IRRIGATION AND DRAINAGE FACILITIES INCLUDING, BUT NOT LIMITED TO, ELECTRIC LINES, GAS LINES AND TELEPHONE LINES, TOGETHER WITH THE RIGHT TO TRIM INTERFERING TREES AND BRUSH, WITH PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH LINES. SUCH EASEMENTS AND RIGHTS OF WAY SHALL BE UTILIZED IN A REASONABLE AND PRUDENT MANNER. ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTY OF GARFIELD. EXECUTED THIS DAY OF , A.D., 2016. DONALD J. TRISCH P.O. BOX 290512 KERRVILLE, TX 78028 STATE OF TEXAS : SS COUNTY OF KERR ) THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , A.D., 2016, BY DONALD J. TRISCH. MY COMMISSION EXPIRES: WITNESS MY HAND AND OFFICIAL SEAL. (SEAL) NOTARY PUBLIC PROPERTY DESCRIPTIONS EXEMPTION PARCEL A A PARCEL OF LAND SITUATE IN THE W1/2NW1/4 OF SECTION 32, TOWNSHIP 6 SOUTH, RANGE 90 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. ALL BEARINGS RELATIVE TO A BEARING OF N89°18'51 "W BETWEEN THE NORTHWEST CORNER OF SAID SECTION 32, A 3-1/4" DIA. ALUMINUM CAP LS NO. 19598 BEING A 28' WITNESS CORNER WHICH BEARS N00 °39'07"E 28.00' FROM THE TRUE POSITION OF SAID CORNER AND THE WEST 1/ 16 CORNER BETWEEN SECTIONS 29 AND 32, A 3-1/4" DIA. ALUMINUM CAP LS NO. 36572, IN PLACE. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT SAID WEST 1/ 16 CORNER BETWEEN SECTIONS 29 AND 32, THENCE ALONG THE EAST LINE OF SAID W1/ 2NW1/ 4 SECTION 32 S00 °44'51 "W 481.72 FEET TO A POINT OF THE APPARENT NORTHERLY PRESCRIPTIVE RIGHT-OF-WAY EASEMENT LINE OF COUNTY ROAD NO. 312 BEING A 30 FOOT OFFSET OF THE CENTERLINE OF SAID COUNTY ROAD AS CONSTRUCTED AND IN PLACE; THENCE ALONG SAID APPARENT NORTHERLY PRESCRIPTIVE RIGHT-OF-WAY EASEMENT LINE THE FOLLOWING THREE (3) COURSES: 1.) N36°16'41 "W 145.69 FEET; 2.) N39°05'45"W 443.80 FEET; 3.) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 146.50 FEET, AN ARC LENGTH OF 35.46 FEET, CHORD BEARS N46°01 'S0"W 35.38 FEET TO A POINT ON THE NORTHERLY LINE OF SAID W1/2NW1/4; THENCE DEPARTING SAID APPARENT NORTHERLY PRESCRIPTIVE RIGHT-OF-WAY EASEMENT LINE S89°18'51 "E ALONG SAID NORTHERLY LINE OF THE W1/2NW1/4 SECTION 32 A DISTANCE OF 397.85 FEET TO SAID WEST 1/ 16 CORNER BETWEEN SECTIONS 29 AND 32, THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 2.131 ACRES, ±. EXEMPTION PARCEL B (MAIN RANCH PARCEL) TOWNSHIP 6 SOUTH, RANGE 90 WEST OF THE 6TH P.M. SECTION 31: E1/2NE1/4, NE1/4SE1/4 SECTION 32: W1/2NW1/4, W1/2SW1/4 EXCEPT A TRACT OF LAND SITUATE IN THE NEI /4NE1/4, SECTION 31, TOWNSHIP 6 SOUTH, RANGE 90 WEST OF THE 6TH P.M. LYING SOUTHERLY OF A COUNTY ROAD AS CONSTRUCTED AND IN PLACE, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID ROAD WHENCE A STONE PROPERLY MARKED FOR THE E1/4 CORNER OF SECTION 30 IN SAID TOWNSHIP AND RANGE BEARS NORTH 07°10'45" EAST 2692.71 FEET; THENCE SOUTH 00°16'29" WEST 205.54; THENCE NORTH 88°44'59" WEST 177.41 FEET; THENCE NORTH 00°02'47" WEST 205.72 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID ROAD, THENCE SOUTH 88°42'03" EAST 178.56 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID ROAD TO THE POINT OF BEGINNING. ALSO EXCEPT A PARCEL OF LAND SITUATE IN THE W1/ 2NW1/4 OF SECTION 32, TOWNSHIP 6 SOUTH, RANGE 90 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. ALL BEARINGS RELATIVE TO A BEARING OF N89°18'51 "W BETWEEN THE NORTHWEST CORNER OF SAID SECTION 32, A 3-1/4" DIA. ALUMINUM CAP LS NO. 19598 BEING A 28' WITNESS CORNER WHICH BEARS N00°39'07"E 28.00' FROM THE TRUE POSITION OF SAID CORNER AND THE WEST 1/ 16 CORNER BETWEEN SECTIONS 29 AND 32, A 3-1/4" DIA. ALUMINUM CAP LS NO. 36572, IN PLACE. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT SAID WEST 1/ 16 CORNER BETWEEN SECTIONS 29 AND 32, THENCE ALONG THE EAST LINE OF SAID W1/ 2NW1/ 4 SECTION 32 S00°44'51 "W 481.72 FEET TO A POINT OF THE APPARENT NORTHERLY PRESCRIPTIVE RIGHT-OF-WAY EASEMENT LINE OF COUNTY ROAD NO. 312 BEING A 30 FOOT OFFSET OF THE CENTERLINE OF SAID COUNTY ROAD AS CONSTRUCTED AND IN PLACE; THENCE ALONG SAID APPARENT NORTHERLY PRESCRIPTIVE RIGHT-OF-WAY EASEMENT LINE THE FOLLOWING THREE (3) COURSES: 1.) N36°16'41 "W 145.69 FEET; 2.) N39°05'45"W 443.80 FEET; 3.) ALONG THE ARC OFA CURVE TO THE LEFT HAVING A RADIUS OF 146.50 FEET, AN ARC LENGTH OF 35.46 FEET, CHORD BEARS N46°01'50"W 35.38 FEET TO A POINT ON THE NORTHERLY LINE OF SAID W1/2NW1/4; THENCE DEPARTING SAID APPARENT NORTHERLY PRESCRIPTIVE RIGHT-OF-WAY EASEMENT LINE S89°18'51 "E ALONG SAID NORTHERLY LINE OF THE W1/ 2NW1/ 4 SECTION 32 A DISTANCE OF 397.85 FEET TO SAID WEST 1/ 16 CORNER BETWEEN SECTIONS 29 AND 32, THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 2.131 ACRES, ±. MINERAL INTEREST 'GARFIELD COUNTY PARCEL NO. 2183-322-00-011) LOCATION: E1/2NE1/4, NE1/4SE1/4 IN SECTION 31, AND W1/2NW1/4 SECTION 32, TOWNSHIP 6 SOUTH, RANGE 90 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO MINERAL ESTATE OWNERS: DONALD J. TRISCH P.O. BOX 290512 KERRVILLE, TX 78028 LOCATION: W1/2SW1/4 SECTION 32, TOWNSHIP 6 SOUTH, RANGE 90 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO MINERAL ESTATE OWNERS: UNITED STATES OF AMERICA c/o BUREAU OF LAND MANAGEMENT 2850 YOUNGFIELD STREET LAKEWOOD, CO 80215-7210 Vicinity Map Scale: 1 "=2000' EXEMPTION PLAT NOTES THE FOLLOWING PLAT NOTES WERE REQUIRED BY GARFIELD COUNTY REGULATION AND AS SUCH ARE NOTA PART OF THE SURVEYORS CERTIFICATION HEREON. A. CONTROL OF NOXIOUS WEEDS IS THE RESPONSIBILITY OF THE PROPERTY OWNER. B. NO NEW OPEN HEARTH SOLID -FUEL FIREPLACES WILL BE ALLOWED ANYWHERE WITHIN AN EXEMPTION. ONE (1) NEW SOLID -FUEL BURNING STOVE AS DEFINED BY C.R.S. 25-7-401, ET. SEQ., AND THE REGULATIONS PROMULGATED THEREUNDER, WILL BE ALLOWED IN ANY DWELLING UNIT. ALL DWELLING UNITS WILL BE ALLOWED AN UNRESTRICTED NUMBER OF NATURAL GAS BURNING STOVES AND APPLIANCES. C. ALL EXTERIOR LIGHTING SHALL BE THE MINIMUM AMOUNT NECESSARY AND THAT ALL EXTERIOR LIGHTING BE DIRECTED INWARD AND DOWNWARD, TOWARDS THE INTERIOR OF THE SUBDIVISION, EXCEPT THAT PROVISIONS MAYBE MADE TO ALLOW FOR SAFETY LIGHTING THAT GOES BEYOND THE PROPERTY BOUNDARIES. D. COLORADO ISA "RIGHT -TO -FARM" STATE PURSUANT TO C.R.S. 35-3-101, ET SEQ. LANDOWNERS, RESIDENTS AND VISITORS MUST BE PREPARED TO ACCEPT THE ACTIVITIES, SIGHTS, SOUNDS AND SMELLS OF GARFIELD COUNTY'S AGRICULTURAL OPERATIONS AS A NORMAL AND NECESSARY ASPECT OF LIVING INA COUNTY WITH A STRONG RURAL CHARACTER AND A HEALTHY RANCHING SECTOR. THOSE WITH AN URBAN SENSITIVITY MAY PERCEIVE SUCH ACTIVITIES, SIGHTS, SOUNDS, SMELLS ONLY AS INCONVENIENCE, EYESORE, NOISE AND ODOR. HOWEVER, STATE LAW AND COUNTY POLICY PROVIDE THAT RANCHING, FARMING AND OTHER AGRICULTURAL ACTIVITIES AND OPERATIONS WITHIN GARFIELD COUNTY SHALL NOT BE CONSIDERED TO BE NUISANCES SO LONG AS OPERATED IN CONFORMANCE WITH THE LAW AND IN A NON NEGLIGENT MANNER. THEREFORE, ALL MUST BE PREPARED TO ENCOUNTER NOISES, ODOR, LIGHTS, MUD, DUST, SMOKE, CHEMICALS, MACHINERY ON PUBLIC ROADS, LIVESTOCK ON PUBLIC ROADS, STORAGE AND DISPOSAL OF MANURE, AND THE APPLICATION BY SPRAYING OR OTHERWISE OF CHEMICAL FERTILIZERS, SOIL AMENDMENTS, HERBICIDES, AND PESTICIDES, ANY ONE OR MORE OF WHICH MY NATURALLY OCCUR AS PART OFA LEGAL AND NON -NEGLIGENT AGRICULTURAL OPERATIONS. E. ALL OWNERS OF LAND, WHETHER RANCH OR RESIDENCE, HAVE OBLIGATIONS UNDER STATE LAW AND COUNTY REGULATIONS WITH REGARD TO THE MAINTENANCE OF FENCES AND IRRIGATION DITCHES, CONTROLLING WEEDS, KEEPING LIVESTOCK AND PETS UNDER CONTROL, USING PROPERTY IN ACCORDANCE WITH ZONING, AND OTHER ASPECTS OF USING AND MAINTAINING PROPERTY. RESIDENTS AND LANDOWNERS ARE ENCOURAGED TO LEARN ABOUT THESE RIGHTS AND RESPONSIBILITIES AND ACT AS GOOD NEIGHBORS AND CITIZENS OF THE COUNTY. A GOOD INTRODUCTORY SOURCE FOR SUCH INFORMATION IS "A GUIDE TO RURAL LIVING & SMALL SCALE AGRICULTURE" PUT OUT BY THE COLORADO STATE UNIVERSITY EXTENSION OFFICE IN GARFIELD COUNTY. F. ADDRESSES ARE TO BE POSTED WHERE THE DRIVEWAY INTERSECTS THE COUNTY ROAD. IFA SHARED DRIVEWAY IS USED, THE ADDRESS FOR EACH HOME SHALL BE POSTED TO CLEARLY IDENTIFY EACH ADDRESS. LETTERS ARE TO BE A MINIMUM OF 4 INCHES IN HEIGHT, 1/2 INCH IN WIDTH AND CONTRASTS WITH BACKGROUND COLOR. G. DRIVEWAYS SHALL BE CONSTRUCTED TO ACCOMMODATE THE WEIGHTS AND TURNING RADIUS OF EMERGENCY APPARATUS IN ADVERSE WEATHER CONDITIONS. H. COMBUSTIBLE MATERIALS SHALL BE THINNED FROM AROUND STRUCTURES SO AS TO PROVIDE A DEFENSIBLE SPACE IN THE EVENT OFA WILD LAND FIRE. 1. "THE MINERAL RIGHTS ASSOCIATED WITH THIS PROPERTY MAY NOT HAVE BEEN TRANSFERRED WITH THE SURFACE ESTATE THEREFORE ALLOWING THE POTENTIAL FOR NATURAL RESOURCE EXTRACTION ON THE PROPERTY BY THE MINERAL ESTATE OWNER(S) OR LESSEE(S)." J. A SITE SPECIFIC SOILS AND FOUNDATION ANALYSIS SHALL BE REQUIRED FOR NEW CONSTRUCTION. COMPLIANCE WITH THE RECOMMENDATIONS OF SAID ANALYSIS SHALL BE REQUIRED. K. ALL NEW HOME CONSTRUCTION SHALL REQUIRE INSTALLATION OF FIRE SUPPRESSION SPRINKLER SYSTEMS UNLESS ALTERNATE FIRE PROTECTION MEASURES ARE APPROVED BY THE COLORADO FIRE AND RESCUE DISTRICT. SURVEYOR NOTES 1.) DATE OF SURVEY WAS FEBRUARY 10, 2016. 2.) THE PURPOSE OF THIS SUBDIVISION EXEMPTION PLAT IS TO CREATE 2 SEPARATE PARCELS OF LAND THAT ARE SPLIT BY COUNTY ROAD NO. 312, INTO EXEMPTION PARCELS A 86B, AS SHOWN HEREON. 3.) THE APPARENT PRESCRIPTIVE RIGHT-OF-WAY EASEMENT LINE FOR COUNTY ROAD NO. 312 REFERENCED AND SHOWN HEREON IS BASED ON A 30 FOOT OFFSET FROM THE CENTERLINE OF SAID COUNTY ROAD AS CONSTRUCTED AND IN PLACE. 4.) THIS SURVEY IS BASED ON THE TITLE COMMITMENT PREPARED BY COMMONWEALTH TITLE COMPANY OF GARFIELD COUNTY, INC., FILE NO. 1601042WITH AN EFFECTIVE DATE OF JANUARY 15, 2016, WELL LOCATION MAPS PREPARED AND SUBMITTED TO THE COGCC (COLORADO OIL AND GAS CONSERVATION COMMISSION) WHICH GRAPHICALLY DEPICT THE FOUND SECTION CORNERS FOR SECTIONS 31 & 32 AND THE AMENDED FAAS SUBDIVISION EXEMPTION PLAT RECORDED AS RECEPTION NO. 582937, AS FILED WITH THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE, DOCUMENTS OF RECORD AND MONUMENTS FOUND IN PLACE. TITLE CERTIFICATE I, , AN AGENT AUTHORIZED BY A TITLE INSURANCE COMPANY, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS PLAT AND THAT TITLE TO SUCH LANDS IS VESTED IN FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES (INCLUDING MORTGAGES, DEEDS OF TRUST, JUDGMENTS, EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT), EXCEPT AS FOLLOWS: DATED THIS DAY OF , A.D. 2016. COMMONWEALTH TITLE COMPANY OF GARFIELD COUNTY, INC. AGENT COUNTY COMMISSIONER'S CERTIFICATE BASED UPON THE REVIEW AND RECOMMENDATION OF GARFIELD COUNTY DIRECTOR OF COMMUNITY DEVELOPMENT, THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, HEREBY APPROVES THIS EXEMPTION PLAT THIS DAY OF , A.D., 2016, FOR FILING WITH THE CLERK AND RECORDER OF GARFIELD COUNTY AND FOR CONVEYANCE TO THE COUNTY OF THE PUBLIC DEDICATIONS SHOWN HEREON, SUBJECT TO THE PROVISIONS THAT APPROVAL IN NO WAY OBLIGATES GARFIELD COUNTY FOR THE FINANCING OR CONSTRUCTION OF IMPROVEMENTS ON LANDS, PUBLIC ROADS, HIGHWAYS OR EASEMENTS DEDICATED TO THE PUBLIC, EXCEPT AS SPECIFICALLY AGREED TO BY THE BOARD OF COUNTY COMMISSIONERS BY SUBSEQUENT RESOLUTION. THIS APPROVAL SHALL IN NO WAY OBLIGATE GARFIELD COUNTY FOR THE CONSTRUCTION, REPAIR OR MAINTENANCE OF PUBLIC ROADS, HIGHWAYS OR ANY OTHER PUBLIC DEDICATIONS SHOWN HEREON. CHAIRMAN, BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO WITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD. ATTEST: COUNTY CLERK SURVEYOR'S CERTIFICATE I, MICHAEL J. LANGHORNE, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS PLAT ISA TRUE, CORRECT AND COMPLETE PLAT OF TRISCH SUBDIVISION EXEMPTION, AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME, OR UNDER MY SUPERVISION, AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF THE TRISCH SUBDIVISION EXEMPTION PLAT AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND. IN WITNESS WHEREOF, I HAVE SET MY HAND AND SEAL THIS DAY OF , A.D., 2016. PROFESSIONAL LAND SURVEYOR CERTIFICATE OF TAXES PAID I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND ASSESSMENTS DUE AND PAYABLE AS OF , UPON ALL PARCELS OF REAL ESTATE DESCRIBED ON THIS PLAT ARE PAID IN FULL. DATED THIS DAY OF ,A.D., 2016. TREASURER OF GARFIELD COUNTY COUNTY SURVEYOR'S CERTIFICATE APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS OR DRAFTING, PURSUANT TO C.R.S. § 38-51-101 AND 102, ET SEQ. DATED THIS DAY OF , A.D., 2016. GARFIELD COUNTY SURVEYOR CLERK AND RECORDER'S CERTIFICATE THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO, AT O'CLOCK ON THIS DAY OF A.D., 2016, AND IS DULY RECORDED AS RECEPTION NO. ATTEST: CLERK AND RECORDER BY: REVIEW DESCRIPTION TRISCH SUBDIVISION EXEMPTION PLAT DONALD J. TRISCH 7225 GARFIELD CREEK ROAD NEW CASTLE, CO 81647 FILE: 16004-01 DFT. SCB CK. MJL DATE: 2/17/16 PROJECT NO. 16004-01 SHEET 1 OF 2 Exemption Parcel A Detail Scale:1 "=100' Legend Rebar and 1-1/4" Dia. Cap LS No. 36572 set in Place TRISCH SUBDIVISION EXEMPTION PLAT Parcels of Land Situate in the El/2 Section 31 &the W1/2W1/2 Section 32, Township 6 South, Range 90 West of the 6th P.M., County of Garfield, State of Colorado Power Pole (Typical) 31 Northwest Corner Section 32 28' Witness Corner Bears NOO°39'07"E 28.00' from point for Corner, a 3-1/4" Dia. Aluminum Cap LS No. 19598 in Place Gate\�� S 89°1628"E 101.8 A 1331.39' } County Road No. 312 (Garfield Creek Rd.) S 00°43'50" W S 00°43'50" W cri 230.8' 3 cv Tie L 1 Telephone Ped. Exception Parcel (0.840 Acres±) 1 Story House with Walkout Basement Well Exemption Parcel B - x Main Ranch Parcel (278 Acres±) X X Gate. 1 Section 31 0 0 S 89°18'51" E II 1310.33' 11 c1 West 1/ 16 Corner Between Section 29 & 32 A 3-1/4" Dia. Aluminum Cap LS No. 36572 in Place S 89°19'10"E Gate I 11 11 \\ /NN \\ Driveway \\ II I II II irPropane Tank // ----Shed — — Electric Meter / on Power Pole / // // // / II II 1I II 11 II II 1 \\ Section 32 0 , 1310.59' Exemption Parcel A 60.0' North West 1/16 Corner Section 32 A 3-1/4" Dia. Aluminum Cap LS No. 19598 in Place (2.131 Acres±) North 1/4 Corner Section 32 A 3-1/4" Dia. Aluminum Cap LS No. 19598 in Place Reed N°'2 0-082 2183,322 \ Trast Rpar el 00-083 21g3.322 \ prclN„.01 \ 2183322"0 Srai N° cNi o. parte ,00,018 «i `n 2183.322 C) No. 5 Rebar in Place N 00°45'47" E 0 ni co Road Nx • II ll 11 II 311.0' 81.5' S 89°23'16" E — 81.6' --� 11 \\ \\ 1322x72' Fence \ • e Small Corral SouthWest Corner Section 32 11 A 2-1/2" Dia. USGLO Brass Cap _ in Place (The position of this monument was established by the found reference monuents) Gate X 11 West Center 1/16 Corner 11 Section 32 A 3-1/4" Dia. Aluminum x Cap LS No. 31143 in Place Fencex S 89°24'52" E 1319.78' O N x X X 24.7' 29.8' J \ 32 -p- 0 400 800 1200 Scale:1 "=400' LINE BEARING DISTANCE LI N 82°10'04" E 352.33' L2 — d, L3 \0'\_--- / — — — 1 - _ — — — — —_ _ J 3 — — — — , -- L9 � _____...r/ / —� X .j rAc� P --I-- ce + \ \ \ 0 \ \ \ \ \ West 1/ 16 Corner Between Section 29 & 32 A 3-1/4" Dia. Aluminum Cap LS No. 36572 in Place 4--- P.O.B. Exemption Parcel A (2.131 Acres±) \ \ Reed 322 00-082 1 parcel N°. 2183 1 V. \ \ \ Reed T32,00 .083 2183, \ parcel N°' \ \\ .. S 88°42'03" E _Tv�1 N \ \ \ + 0Q)` d 0�x �x �x \ - — \ p \ \ \ \ ° \ \ 00+ \ \ \ \ + \ 00 \ �o \\ \ \ \\ ia13� \ \ -f- 3 \ \ +\ \ + �• oo \\ \\ ( G\P io5 0 +\ \ e,ci �(� �9, \ ` o o 00 481.72' L7 N 36°16'41" W 145.69' L8 Scale:1 "=100' Legend Rebar and 1-1/4" Dia. Cap LS No. 36572 set in Place TRISCH SUBDIVISION EXEMPTION PLAT Parcels of Land Situate in the El/2 Section 31 &the W1/2W1/2 Section 32, Township 6 South, Range 90 West of the 6th P.M., County of Garfield, State of Colorado Power Pole (Typical) 31 Northwest Corner Section 32 28' Witness Corner Bears NOO°39'07"E 28.00' from point for Corner, a 3-1/4" Dia. Aluminum Cap LS No. 19598 in Place Gate\�� S 89°1628"E 101.8 A 1331.39' } County Road No. 312 (Garfield Creek Rd.) S 00°43'50" W S 00°43'50" W cri 230.8' 3 cv Tie L 1 Telephone Ped. Exception Parcel (0.840 Acres±) 1 Story House with Walkout Basement Well Exemption Parcel B - x Main Ranch Parcel (278 Acres±) X X Gate. 1 Section 31 0 0 S 89°18'51" E II 1310.33' 11 c1 West 1/ 16 Corner Between Section 29 & 32 A 3-1/4" Dia. Aluminum Cap LS No. 36572 in Place S 89°19'10"E Gate I 11 11 \\ /NN \\ Driveway \\ II I II II irPropane Tank // ----Shed — — Electric Meter / on Power Pole / // // // / II II 1I II 11 II II 1 \\ Section 32 0 , 1310.59' Exemption Parcel A 60.0' North West 1/16 Corner Section 32 A 3-1/4" Dia. Aluminum Cap LS No. 19598 in Place (2.131 Acres±) North 1/4 Corner Section 32 A 3-1/4" Dia. Aluminum Cap LS No. 19598 in Place Reed N°'2 0-082 2183,322 \ Trast Rpar el 00-083 21g3.322 \ prclN„.01 \ 2183322"0 Srai N° cNi o. parte ,00,018 «i `n 2183.322 C) No. 5 Rebar in Place N 00°45'47" E 0 ni co Road Nx • II ll 11 II 311.0' 81.5' S 89°23'16" E — 81.6' --� 11 \\ \\ 1322x72' Fence \ • e Small Corral SouthWest Corner Section 32 11 A 2-1/2" Dia. USGLO Brass Cap _ in Place (The position of this monument was established by the found reference monuents) Gate X 11 West Center 1/16 Corner 11 Section 32 A 3-1/4" Dia. Aluminum x Cap LS No. 31143 in Place Fencex S 89°24'52" E 1319.78' O N x X X 24.7' 29.8' J \ 32 -p- 0 400 800 1200 Scale:1 "=400' LINE BEARING DISTANCE LI N 82°10'04" E 352.33' L2 S 00°16'29" W 205.54' L3 N 88°44'59" W 177.41' L4 N 00°02'47" W 205.72' L5 S 88°42'03" E 178.56' L6 S 00°44'51" W 481.72' L7 N 36°16'41" W 145.69' L8 N 39°05'45" W 443.80' L9 S 89°18'51" E 397.85' CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C1 146.50' 35.46' 35.38' N 46°01'50" W 13°52'11" REVIEW DESCRIPTION z 0 w cr TRISCH SUBDIVISION EXEMPTION PLAT 0 0 CD w — w I— 0 0 0 J J W Z • LL O < 0 0 N CV ti NEW CASTLE, CO 81647 FILE: 16004-01 DFT. SCB CK. MJL DATE: 2/17/16 PROJECT NO. 16004-01 SHEET 2 OF 2 Ka rp. N e u. HAa�n lYon Michael J. Sawyer mjs@mountainlawfirm.com March 22, 2016 Sander N. Karp* James S. Neu Karl J. Hanlon Michael J. Sawyer James F. Fosnaught Jeffrey J. Conklin Andrew A. Mueller * Fellow of the College of Labor and Employment Lawyers Kathy Eastley, AICP Senior Planner Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 Matthew L. Trinidad Patrick L. Barker Jon T. Hoistad Delphine F. Janey Of Counsel Richard I. Zuber** Anna S. Itenberg Greg S. Russi Hollie L. Wieland ** Fellow of the American Academy of Matrimonial Lawyers Glenwood Springs Office 201 14th Street, Suite 200 P. O. Drawer 2030 Glenwood Springs, CO 81602 Aspen Office*** 323 W. Main Street, Suite 301 Aspen, CO 81611 Montrose Office *** 1544 Oxbow Drive, Suite 224 Montrose, CO 81402 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 www.mountainlawfirm.com ***All correspondence should be sent to the Glenwood Springs office Re: Trisch Subdivision Exemption — File Number RSEA-03-16-8432 Dear Kathy: This letter provides supplemental information in response to your technical completeness review letter dated March 16. My responses are in the same order as your comments in that letter. 1. A 24"x36" copy of the plat is included for your review. 2. When preparing the Application, I obtained a title commitment for the parcel from which the Road Split Parcel will be created. A copy of the title commitment is included in the Application as the applicant's proof of ownership. For a portion of the subject Property (E1/2NE1/4, NE1/4SE1/4 in Section 31, and W1/2NW1/4, Sec. 32, Twp. 6 South, Rng. 90 West of the 6th P.M.), the title commitment discloses that no reservation or conveyance of the mineral estate have occurred other than as an appurtenance to the fee owner. It also discloses that the minerals for this area were leased by Linda Trisch and Donald J. Trisch in 2009. Mr. Trisch confirmed that, due to the death of Linda Trisch, undivided title to the mineral estate for this portion of the Property is now vested in him pursuant to distribution of her interest from their mutual revocable living trust. We also conducted a search of the Garfield Clerk and Recorder records to verify that no Affidavit of Production has been recorded with respect to the 2009 Lease entering a secondary term. Further, we also checked with the County Assessor records and determined that no separate tax parcel exists for this portion of the Property's mineral estate. The title commitment also discloses a patent which reserves to the United States the mineral estate underlying the W1/2SW1/4, Sec. 32, Twp. 6 South, Rng. 90 West of the 6th P.M. Karp_Neu_HanlorK A%rc RNr'�S d r I.AW Page 2 Review of BLM oil and gas lease GIS information available via the Colorado BLM website (http://www.blm. gov/co/st/en/BLM_Programs/geographical_sciences/gis/GeospatialData.ht ml), specifically the files available under Oil and Gas Leases, revealed that the minerals underlying this portion of the Property continue to be owned by the federal government and are leased pursuant to the federal oil and gas lease and by the lessee referenced in the Application. 3. An amended mailing list is submitted herewith. The amendment consists of the addition of Parcel No. 218332300958 to the list of parcels owned by the Bureau of Land Management within 200 feet of the Property. That parcel was depicted on the map of real property located within 200 feet of the Property which was included in the Application. As to the Orr/Smith properties (Parcel Nos. 218330402001, 218330402002, 218330402003, 218330402004), we have reviewed and included as Exhbit A Garfield County Assessor information for these parcels reflecting that the mailing address of record for each parcel is 319 E. Main Street, Cartersville, GA 30120. No Basalt area addresses have been located for these parcels. If the Community Development Department is aware of a Basalt address, we are happy to send notice to that location as well. 4. With regard to the legal water supply, the applicant currently has a late registration, 35 -acre exempt well permit for the well that serves the existing house (Division of Water Resources Permit No. 158787-A.). That well, operating under that well permit, will continue to provide the legal water supply for the remainder parcel. For Road Split Parcel A (2.13 acre parcel), the applicant has applied to the Division of Water Resources for an exempt in-house use only well permit. A copy of this permit application, which is filed under Receipt No. 950477, is included as Exhibit B. As provided in Garfield County's land use code Section 5-202, "Pursuant to C.R.S. § 30-28- 101(10)(d), the BOCC has established Public/County Road Split Exemption as exempt from the definition of Subdivision but subject to Exemption Review." Under C.R.S. 37-92-602 (3)(b)(II)(A), "the only well on a residential site [created through a process exempt from the definition of subdivision], which well will be used solely for ordinary household purposes inside a single-family dwelling and will not be used for irrigation" is presumed not to cause injury to other water rights. As such, the Division of Water Resources will issue an exempt in-house use only well permit after the subdivision exemption plat is approved, or approved upon condition of well permit issuance, by the County. Because an in-house use only well permit is statutorily exempt from administration, it constitutes a legal water supply. The issuance of in-house use only well permits for parcels created through a subdivision exemption process is described in section 2 of Division of Water Resources Policy 2011-1, a copy of which is included as Exhibit C. While not legally required for subdivision exemptions, the Division of Water Resources encourages counties to refer subdivision exemption applications to ensure that well permitting formalities are complied with. See Division of Water Resources Memorandum dated March 11, 2011 and included as Exhibit D. Karp_Neu_HanlorK A%rc RNr'�S d r I.AW Page 3 5. We discussed on the telephone the question of how to label the subdivision exemption parcel and the remainder parcel. We will make changes to the plat after the County completes its review. Thank you for incorporating these supplemental materials, which are included along with a copy of this letter on the accompanying CD (exclusive of the proposed plat), into the Application. With this information, the Application should be ready for substantive review by the County. Please let me know if you have any questions. Very truly yo -UM, KARP NFT Michael J. Saveyer MJS:mjs cc by e-mail: Client Garfield County Assessor Data Site Jim Yellico, 109 8th Street, Suite 207, Glenwood Springs, CO, 81601 (P) 970.945.9134 1 (F) 970.945.3953 1(E) jyellico@garfield-county.com Account Information Exhibit A Page 1 of 6 Account: R083265 Parcel: 218330402001 Owner Name: ORR, LACY & SMITH, HOWARD G Owner Address: 319 E MAIN STREET, CARTERSVILLE, GA, 30120 Property Address: 312 COUNTY RD, NEW CASTLE Legal: Quarter: SE Section: 30 Township: 6 Range: 90 Subdivision: ORR-SMITH SUBDIVISION EXEMPTION Lot: 1 Tax Area: 017 Subdivision: ORR-SMITH SUBDIVISION EXEMPTION Taxable Values History Year Land Actual Imp Actual Total Actual Land Assessed Imp Assessed Total Assessed 2015 5,800 198,970 204,770 1,680 15,840 17,520 2014 4,670 158,060 162,730 1,360 12,580 13,940 Property Details Model Attribute Name Attribute Value LAND 0 ABSTRACT CODE IRRIGATED LAND-AGRICLTRL. AREA_ACRES 10.41 AREA_SQFT 0 NEIGHBORHOOD GARFIELD,ALKALI,S.CANYON - AG LAND 1 ABSTRACT CODE GRAZING LAND -AGRICULTURAL AREA_ACRES 4.68 AREA_SQFT 0 NEIGHBORHOOD GARFIELD,ALKALI,S.CANYON - AG Model Garfield County Assessor Data Site Jim Yellico, 109 8th Street, Suite 207, Glenwood Springs, CO, 81601 (P) 970.945.9134 1 (F) 970.945.3953 1(E) jyellico@garfield-county.com Exhibit A Page 2of6 Attribute Name Attribute Value RESI 0 BUILDING_TYPE FARM/RANCH UNITS 1 ABSTRACT_CODE FARM/RANCH RESIDENCE -IMPS ACT_YEAR_BLT 1975 HEATEDAREA 1604 BASEMENTAREA 1110 FINBSMTAREA 0 BEDROOMS 3 ARCH STYLE 1-STRY/BSM BATHS 1.7 AREA_UNITS 2 ROOMS 6 NEIGHBORHOOD GARFIELD, ALKALI, S. CANYON - FRAME WOOD FRAME AIRCOND NONE HEATING_FUEL GAS HEATING_TYPE FORCED AIR ROOF_COVER COMP SHNGL ROOF_STRUCTUR GABLE STORIES 1 XFOB 0 BUILDING_NO 1 ABSTRACT_CODE FARM/RANCH RESIDENCE -IMPS ACT_YEAR_BLT 1965 XFOB_CODE GARAGE 577-863 SF NEIGHBORHOOD GARFIELD,ALKALI,S.CANYON - AG AREA_UNITS 0 XFOB 1 BUILDING_NO 1 ABSTRACT_CODE FARM/RANCH RESIDENCE -IMPS ACT_YEAR_BLT 1965 NEIGHBORHOOD GARFIELD,ALKALI,S.CANYON - AG XFOB_CODE BALCONY 101-250 SF AREA_UNITS 0 XFOB 2 BUILDING_NO 1 ABSTRACT_CODE FARM/RANCH RESIDENCE -IMPS ACT_YEAR_BLT 1965 NEIGHBORHOOD GARFIELD,ALKALI,S.CANYON - AG XFOB_CODE OPEN PORCH 25-100 SF AREA_UNITS 0 Garfield County Assessor Data Site Jim Yellico, 109 8th Street, Suite 207, Glenwood Springs, CO, 81601 (P) 970.945.9134 1 (F) 970.945.3953 1(E) jyellico@garfield-county.com Account Information Exhibit A Page 3 of 6 Account: R083266 Parcel: 218330402002 Owner Name: ORR, LACY & SMITH, HOWARD G Owner Address: 319 E MAIN STREET, CARTERSVILLE, GA, 30120 Property Address: 312 COUNTY RD, NEW CASTLE Legal: Quarter: SE Section: 30 Township: 6 Range: 90 Subdivision: ORR-SMITH SUBDIVISION EXEMPTION Lot: 2 Tax Area: 017 Subdivision: ORR-SMITH SUBDIVISION EXEMPTION Taxable Values History Year Land Actual Imp Actual Total Actual Land Assessed Imp Assessed Total Assessed 2015 2,370 39,700 42,070 680 3,160 3,840 2014 1,920 24,090 26,010 560 1,920 2,480 Garfield County Assessor Data Site Jim Yellico, 109 8th Street, Suite 207, Glenwood Springs, CO, 81601 (P) 970.945.9134 1 (F) 970.945.3953 1(E) jyellico@garfield-county.com Property Details Exhibit A Page 4of6 Model LAND 0 LAND 1 RESI 0 XFOB 0 Attribute Name Attribute Value ABSTRACT CODE IRRIGATED LAND-AGRICLTRL. AREA_ACRES 4.05 AREA_SQFT 0 NEIGHBORHOOD GARFIELD,ALKALI,S.CANYON - AG ABSTRACT CODE GRAZING LAND -AGRICULTURAL AREA_ACRES 7.34 AREA_SQFT 0 NEIGHBORHOOD GARFIELD,ALKALI,S.CANYON - AG BUILDING_TYPE FARM/RANCH UNITS 1 ABSTRACT CODE FARM/RANCH RESIDENCE -IMPS ACT_YEAR_BLT 1959 HEATEDAREA 672 FINBSMTAREA 0 BASEMENTAREA 0 ARCH_STYLE 1 1/2 STRY BEDROOMS 2 BATHS 1 NEIGHBORHOOD GARFIELD, ALKALI, S. CANYON - ROOMS 5 AREA_U N ITS 0 FRAME WOOD FRAME AIRCOND NONE HEATING_FUEL WOOD HEATING_TYPE WOOD STOVE ROOF_COVER COMP SHNGL ROOF_STRUCTUR GABLE STORIES 1.5 ABSTRACT CODE FARM/RANCH RESIDENCE -IMPS BUILDING_NO 2 ACT_YEAR_BLT 1959 NEIGHBORHOOD GARFIELD,ALKALI,S.CANYON - AG XFOB CODE ENC PORCH 101-250 SF AREA_U N ITS 0 Garfield County Assessor Data Site Jim Yellico, 109 8th Street, Suite 207, Glenwood Springs, CO, 81601 (P) 970.945.9134 1 (F) 970.945.3953 1(E) jyellico@garfield-county.com Account Information Exhibit A Page 5of6 Account: R083267 Parcel: 218330402003 Owner Name: ORR, LACY & SMITH, HOWARD G Owner Address: 319 E MAIN STREET, CARTERSVILLE, GA, 30120 Property Address: 312 COUNTY RD, NEW CASTLE Legal: Quarter: SE Section: 30 Township: 6 Range: 90 Subdivision: ORR-SMITH SUBDIVISION EXEMPTION Lot: 3 Tax Area: 017 Subdivision: ORR-SMITH SUBDIVISION EXEMPTION Taxable Values History Year Land Actual 2015 7,110 2014 5,720 Property Details Imp Actual Total Actual 7,110 5,720 Land Assessed 2,060 1,660 Imp Assessed Total Assessed 2,060 1,660 Model Attribute Name Attribute Value LAND 0 ABSTRACT CODE IRRIGATED LAND-AGRICLTRL. AREA_ACRES 12.9 AREA_SQFT 0 NEIGHBORHOOD GARFIELD,ALKALI,S.CANYON - AG LAND 1 ABSTRACT CODE GRAZING LAND -AGRICULTURAL AREA_ACRES 2.27 AREA_SQFT 0 NEIGHBORHOOD GARFIELD,ALKALI,S.CANYON - AG Garfield County Assessor Data Site Jim Yellico, 109 8th Street, Suite 207, Glenwood Springs, CO, 81601 (P) 970.945.9134 1 (F) 970.945.3953 1(E) jyellico@garfield-county.com Account Information Exhibit A Page 6 of 6 Account: R083268 Parcel: 218330402004 Owner Name: ORR, LACY & SMITH, HOWARD G Owner Address: 319 E MAIN STREET, CARTERSVILLE, GA, 30120 Property Address: 312 COUNTY RD, NEW CASTLE Legal: Quarter: SE Section: 30 Township: 6 Range: 90 Subdivision: ORR-SMITH SUBDIVISION EXEMPTION Lot: 4 Tax Area: 017 Subdivision: ORR-SMITH SUBDIVISION EXEMPTION Taxable Values History Year Land Actual 2015 4,460 2014 3,600 Property Details Imp Actual Total Actual 4,460 3,600 Land Assessed 1,290 1,050 Imp Assessed Total Assessed 1,290 1,050 Model Attribute Name Attribute Value LAND 0 ABSTRACT CODE IRRIGATED LAND-AGRICLTRL. AREA_ACRES 7.82 AREA_SQFT 0 NEIGHBORHOOD GARFIELD,ALKALI,S.CANYON - AG LAND 1 ABSTRACT CODE GRAZING LAND -AGRICULTURAL AREA_ACRES 8.44 AREA_SQFT 0 NEIGHBORHOOD GARFIELD,ALKALI,S.CANYON - AG Ka rp. N e u. HAa�n lYon Patrick L. Barker plb@mountainlawfirm.com March 22, 2016 Sent Via E-mail Only Sander N. Karp* James S. Neu Karl J. Hanlon Michael J. Sawyer James F. Fosnaught Jeffrey J. Conklin Andrew A. Mueller * Fellow of the College of Labor and Employment Lawyers Dwight Whitehead, Well Commissioner Colorado Division of Water Resources, Division 5 dwight.whitehead@state.co.us Matthew L. Trinidad Patrick L. Barker Jon T. Hoistad Delphine F. Janey Of Counsel Richard I. Zuber** Anna S. Itenberg Greg S. Russi Hollie L. Wieland ** Fellow of the American Academy of Matrimonial Lawyers Exhibit B Page1 of 11 Glenwood Springs Office 201 14th Street, Suite 200 P. O. Drawer 2030 Glenwood Springs, CO 81602 Aspen Office*** 323 W. Main Street, Suite 301 Aspen, CO 81611 Montrose Office *** 1544 Oxbow Drive, Suite 224 Montrose, CO 81402 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 www.mountainlawfirm.com ***All correspondence should be sent to the Glenwood Springs office Re: Water Well Permit Application of Donald Trisch Dear Dwight: Provided herewith is a Residential Water Well Permit Application (Form GWS -44) submitted on behalf of our client, Donald Trisch. As we discussed by telephone yesterday, Mr. Trisch is seeking a household use only exempt well permit for a 2.13 acre parcel that we anticipate will be created pursuant to Garfield County's road split subdivision exemption review process. That exemption process is authorized pursuant to C.R.S. § 30-28-101(10)(d), as provided in Section 5-202 of the Garfield County Land Use and Development Code, a copy of which is attached. Upon creation, that parcel will be known as Exemption Parcel A of the Trisch Road Split Exemption. Mr. Trisch acknowledges that the Division of Water Resources cannot issue a well permit for Parcel A until Garfield County has at least conditionally approved the land division. As such, Mr. Trisch intends that the Application begin the permitting process, pending Garfield County's conditional approval. In support of item 5 of the Application, Mr. Trisch has supplied the proposed final plat for the Trisch Road Split Exemption. Once Garfield County conditionally approves a final plat and Garfield County's has adopted a resolution approving the division, Mr. Trisch will provide those items for your consideration. The deed supplied in support of item 5 is the deed for the parcel from which Exemption Parcel A will be created pursuant to the exemption process. The larger parcel is known by Garfield County Parcel Identification Number 2183-322-00-011. This parcel is referenced in the Application. As we discussed, there is a well located on the larger parcel which operates under late Exhibit B Page 2 of 11 Karp_Neu.HanIom Water Well Permit Application of Donald Trisch Page 2 registration Permit No. 158787-A. As a result of the land division, this existing well will operate on a parcel that is approximately 278 acres in size. Please note that Mr. Trisch has not included a proposed well location in the Application. Mr. Trisch requests that the well be approved for any point within Exemption Parcel A, and that precise location information be supplied pursuant to Rule 6.3.2 of the Water Well Construction Rules. I will contact you by phone to pay the $100 processing fee, and upon payment, to obtain the Application's receipt number. If there are any questions or concerns, please do not hesitate to contact me. Very truly yours, KARP NEU HANLON, P.C. Pcd, Patrick L. Barker Exhibit B Page 3 of 11 DIVISION 2. SUBDIVISION EXEMPTIONS. 5-201. OPERATION OF LAW. The BOCC acknowledges certain divisions of interests in land to which, by operation of law, the terms "Subdivision" and "subdivided land" do not apply. These divisions are exempt from County Subdivision and Exemption review. A. Split by Federal or State Right -of -Way Interest. Parcels split by a Federal or State right-of-way, for whatever purpose, in which the United States or the State of Colorado holds a fee or right-of-way interest, and railroad rights-of- way under the authority of the U.S. Surface Transportation Board or other responsible Federal agency which have not been abandoned. B. State Statutory Exemptions. Parcels created pursuant to C.R.S. § 30-28-101(10)(b) or (c)(I-X), including: 1. Divisions Creating 35 Acre Parcels. C.R.S. § 30-28-101(10)(b), provides an Exemption for any division of land that creates parcels, each of which comprises 35 or more acres of land and none of which is intended for use by multiples owners. 2. Other Statutorily -Excepted Divisions. The various C.R.S. § 30-28- 101(10)(c) Exemptions listed in subsections (I -X) of subsection (10)(c), and as such list may be amended, unless the method of disposition is adopted for the purpose of evading Part 1 of the County Planning and Building Code Act, C.R.S. § 30-25-101, et seq., or the Subdivision regulations of this Code. C. Municipal Annexation. Parcel created as a remainder lot, located in unincorporated Garfield County, following annexation of a portion of the larger, pre-existing parcel into a municipality. 5-202. PUBLIC/COUNTY ROAD SPLIT EXEMPTION. Pursuant to C.R.S. § 30-28-101(10)(d), the BOCC has established Public/County Road Split Exemption as exempt from the definition of Subdivision but subject to Exemption Review. A. Overview. Any parcel of land split by a local or County road (i.e. neither Federal nor State), or public right-of-way included in the County highway system where the location of the public or County right-of-way prevents joint use of the proposed lots. B. Review Process. A Public/County Road Split Exemption shall be reviewed in accordance with section 4- 103, Administrative Review, and consistent with Table 5-103. C. Review Criteria. Approval of a Public/County Road Split Exemption shall require a factual finding of the following: 1. The right-of-way prevents joint use of affected, proposed lots; 2. The proposed exemption lots have a sufficient legal and physical source of water pursuant to section 7-104, Source of Water. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 5-4 Exhibit B Page 4 of 11 3. The proposed exemption lots have adequate sewage disposal system pursuant to section 7-105, Central Water Distribution and Wastewater Systems. 4. The proposed exemption lots have legal and adequate access pursuant to section 7-107, Access and Roadways. 5. The Final Plat meets the requirements per section 5-402.F., Final Plat. 5-203. RURAL LAND DEVELOPMENT EXEMPTION. Pursuant to C.R.S. § 30-28-101(10)(d), the BOCC has established Rural Land Development Exemption (RLDE) as exempt from the definition of Subdivision but subject to Exemption Review. A. Overview. The RLDE will be applied on a case-by-case basis to certain divisions of land that, in the sole opinion of the BOCC, advance the objectives of Garfield County regarding the preservation of rural lands as Agricultural Land and Open Space and maintain the greater portion of the property for agricultural purposes, natural resource utilization, Open Space, or other rural land uses. 1. The RLDE may be used to create a Cluster Subdivision Development on a parcel of land 70 acres or more in any unincorporated area of the County. 2. The RLDE shall be for Single -Family Dwelling use only. The density shall not exceed 1 lot per every 35 acres plus 1 lot per each 100 acres plus 1 additional lot. The maximum number of lots in a Rural Land Use Development Exemption is 42 lots plus the remainder parcel. 3. This Code does not preclude owners of adjacent properties from combining their properties for the purposes of forming a parcel eligible for division under the provisions of the RLDE option. 4. The requirements of Article 8, Affordable Housing, shall not apply to RLDEs. B. Review Process. Applications for a RLDE shall be processed in accordance with Table 5-103. C. Review Criteria. An application for a RLDE shall meet the following criteria: 1. The RLDE is in general conformance with the Comprehensive Plan, and complies with any applicable intergovernmental agreements. 2. The RLDE lots have sufficient legal and physical source of water pursuant to section 7-104. 3. The RLDE lots have legal and adequate access pursuant to section 7-107, Access and Roadways. 4. The RLDE does not create hazards identified in section 7-108 and section 7-205 or exacerbate existing hazards. 5. The RLDE lots have an adequate water distribution system and wastewater disposal system pursuant to section 7-105. 6. Development and use of the remainder parcel shall be restricted to 1 dwelling unit plus an Accessory Structure for agricultural use. 7. Proposed division and development of the land minimizes the impacts of residential development on Agricultural Lands and agricultural operations, GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 5-5 COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST,, Ste 824, DENVER, CO $0213 mann: (303)RESIDENTIAL frit? 3GAx Fax..303 81313- 223 ! p ui,-anr!ine Ndsc rel a OUP Ial9 norm IL, rtir ly flu 11vr1Elc4C il. watrel in3 Water Well Permit Application rtcuiew Ir@ran ivectucrlona prior to cornpfon rig torrir. Mand completed lows mut ba tempi:egad lli bila lt or Blurt ink or lypraat, . Applik ittt Information Wnrrn sY Donald Tris I1 Wlniwip rl 1raa3 120 Greystori Ptirrit Bourne _ T nnl,M';inu;oarL1 cQJ } '4E3..1 -22g -949a ;,Ila. IIr. code. rx 78[166 I L ipd,1 c}trisch orrtluesLcom Exhibit B Page 5 of 11 Off1c4 Us€ Only Form GINS -44 (71214121 2. Type Of Application (checlt applicable boxes) C� Change source (aquifer) 0 Bea4ppaoamn (expired venial) 0 Rpoltetp plrccip. Mrr ltlion OtFlul • CQ1LSIaid new well Ll Rezplatrr§ exlsllrlpp well 4Ia1F1 rxISllli! Well n i ii it a or inceasetJaI 3, Refer To (if applicable) 6, Use Or Well (cheek ap lliCable boxes) See inntructiorrs io deaermirie use(s for which yLLi rrrriy gtl�liiy p5 + Oru,rlary rn trsehald Ups iri one single-rani11y (Mellirmg (IH} oLitalde !r ) ❑ F3 Ordinary lwuseltold rlrie ill 1 le 3 single-femtly tw,leillnLJa: N1 miter ail dti�Lr lIng £ 0 Pirrone gerdalitiewn irriplion, not tts exceed hi'ro sere Man lrrutatnd r sq. 11 0 acre F ome.stle. nriirn l watering - {nall-burnmarciasll CI 1 ivasiock watering Kiri rarruhanellfrarQePpasture} YNpI OxlrxL WAIN' Laorrrl r<I d raahlijl: +r Worn eattealhllblsatlf 'dYrerl wile M 4. Locatinn O{ Proposed Well {frrlporrarit! See Instructions CaNinli G MrileeId NW iraatie N irn iiiiren 1 crni1e11 J Fi or 5---- Rdr7jl. 1: E W nnrvieiii M,nr1— 32 6 __ Il- 1g _ 9th Ii l 61 !6th - Ane r(s..ab rr.In +uwKHcarTeb {s ckro Iup48rA tar ura5: rl Q} preperry Irritrii Fr rrorrrr J l S ri rrlxll l— F ❑I W IX rur44Lwrr end 45Yi'i4. ryyy 4 daioNaBF Skfn pTP+ka1ZAci s5rill r0 nln'+w,r11 lent [Acadian woo .00114 L 8awerii (Irellrl>4( 11.4701lii mit 0C1,9rA;I,,Wri rrbrrlel is»nrn$i in Ilan!N TB J County RaaJ :312, Nevi+CaSt10, CO B16,17 O p1Lo}ral: UPS. Mr !Mono lionirrw,p„ni r i�filrrmI Ci urtsrgprlp.eara•akrd9r Forirn7L inIJxi Lw IJ!kl .. — . Laws 1? CCIA Xrrla iy L.IR,I IN.II Lru I,SIJIIN'a D m rum NAI703 Jail, ri.,5i Din sni Ira Wrolrniqn 1°14, Cr'3hII I IJILrekrToro E,Wrr-7 ❑ YTS k ts1iri r4Grlliing. Itequerrnu, 1U.,41!halms ru'NANO 7_ Well Data (proposed) Win mr_Irrlriull grrrILO MaI 15 9Pndniti 1� 170 Feel B. Water Supplier is dirs. parcel w,l hit bcrLI nil ansa Of a W iter srsnr+Ce YEW! 144t ip •ipriodideIran il oral►r.,a 9, Type or Sewage System Srspakc lank 1 alaenrpl lw l kraal Geld CBI kill system Dir~Iricl narni Ei \sarInt I.oc3IiL)rr sewage to be haUled tc. ❑ Other (explain) I1rL*Jnlir, J6. Proposed Well Driller t.ilzert�e aplic n - 11, Sign or Enter Name of Appnlcantls) or Authorized Agent irke making of corse slaturnrrlta. herein r,811stlltrles penury in the seeand degree, which Is onnieriable ea +a Class 1 misdemeanor pursuant KU C.R.S. 24-4-1(1.:1 (130). I have read tate sletemnrils hraruin. know Ilie contents lhal: !asci ,§l€II9 Owl tiny airs !Pe ler m knaly ed e r a rcr rwrse[ml aag4'Q a'w •�tifiggigedgil PON Irm lanfrl9}r Virirg.tt PId attic mId f / /14,'745c 5. Parcel On Which Welt Will Be Located dY i moat altacb a cu mein rk®od for the cubJarcl parcel) A. You nuts! check and co mplele WO Lir the following' �I Suedir9 I t Name I. Ql Okra FillnQ+Ur11t • Ceirnty exemption (dllaLI1 copy rpt county approval & sur+teyl Namem Trisch Road Split Exemption Lol # A p Per Jttl I ahan 3-5 acres. nor in n r,utldivlsron attach a deet) with In I $ I)oI mals description recaordec1 pair to June 1, 1p12, and current deed Mining wan (Macli cnpy or deed or.SurVey) Nanrele: Square 70 acre panel aa tlescrtei In Item Farce ofor more acres (attach nein a 1inu11d5,1ri-gcri 7rrarl survey? Ol1er: (amll!'Ieti mole& & Womb, rlescrlption nr survey) 13. N7Ia nsInptausil C. horxrc,acrueldaINT p 7 2.131 wLs nare Q D. h',YurrisoIraninnlyVaal-lyntry prdr.ctiri rI VEST' NO lirno-lostribs! OriallaP E.E. auxu-pFa.ce1n1Iincri wi {a`€ircePIN 2183-322-(}0-011 Office Use Only kr ,ds rT ).',amt} Iwett grim IA RecrIp1 area only Ekn elm ear.” "DIV vin _ 6A MD 859328 02/17/2015 04:14:36 PM Page 1 of 3 Jean Alberico, Garfield County, Colorado Rec Fee: $21.00 Doc Fee: $0.00 eRecorded DIST1UBUT!ON DEER Effective Date: December 31, 2014 Grantors: Grantees: € onsideration Exhibit B Page 6 of 11 Donald J. nisch, Co -Trustee a af` the Donald and Linda13. Trust PO Box 290512 Kerrville, Kerr County, Texas 78028 Brcntly`Todd Lashley, y, Co -Trustee cif the Donald and Linda B. Trust 534 Upriver Road i±red€ icksb arg, Gillespie County, Texas 78624 Donald J, Trisch, Individually, as his sok and separate property PO Box 290512 Kerrville, Kerr County, Texas 7802.8 Pursuant to the Amended and Restated Settlement Agreement and Release entered into under Cause No. 9050, County Courtx Gillespie County, Texas. Property (including any improvements): All of Grantors' right, title and interest in that certain tract or parcel of land located in Garfield County, Colorado, known as the "High Wilderness Land & Cattle Company" and more particularly described as followsz See Exhibit "A" Reservations from and Exceptions to Conveyance and Warranty: Ailother visible easement, rights-of-way and prescriptive nights, whether of record or not. Grantors, for the consideration and subject to the reservations from the exceptions to conveyance and warranty, grant, transfer and convey to Grantee the property, together w th all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, and Gr'antee's staeeesaors or assigns forever. Grantors bind Grantors and Grantors' successors and assigns, to warrant and forever defend all acrd singular the property to Grantee and Grantee's saaseessors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the _r servations from and exceptions to conveyance and warranty, when the claim is made by,thr ough, or under Grantors, s,.but_not: otherwise., rxtaa V. UU5605/00061 AINNIFERCARLETO# MYhCMMkSStONEXPIRES Ocieberr }t MO 859328 02/17/2015 04:14:36 PM Page 2 of 3 Jean Alberico, Garfield County, Colorado Rec Fee: $21.00 Doc Fee: $0.00 eRecorded GRANTORS: Exhibit B Page 7 of 11 OO .ALD J. TRI Co -Trustee of the Donald and Linda Test 13 ;�:; _�l'•a', eta`" ,a z+.(4` i�u4�{n�ypt�yl.�y1 a%p9Y,;.� f 1S�'`i:'�-.\.-.._,.�+t'..._k._ the BREC, Y LY S DD LAST J Y CoW`+o T 1ustee f` r: Donald and Linda. Trust 13 THE STATE OF TEXAS COUNTY O•,.. This instrument was acknowledged before me on the - yt)1 2015, by DONALD I, 'FRISCH, its tris capacity as Co -Trustee of the Donald :and Linda Trta5$1 N‹ ` s r t Sk$T,a4 ri> Fa .g Notary Public its and for the State ori aa's THE STATE OF TE>.S COUNTY OF £ LLLESPit § This instrument t was acknowledged before ine on the• j/ day of J- _ ; : \ 2015, f3REN LY 'ODD LAS Ll Y, its his eapacifyas, Co -Trustee of the Donald aid# Trust 13. Linda ary PO. l e k and for the .S.ta e of Texas Moe or Recording Return Tar,' Prepared in the Law Office or: Colin L. Murchison Jackson Walker, LLP 777 Main Street, t, Suite 2100 h`ori Worth, Texas 76102 REIBMILT19.11RKER 12119006'. t 14505/11000 &adman Walker, LLP 777 Main Street, Suite 2100 Fort Worth, Tem 76lD2 PAGE a 859328 02/17/2015 04:14:36 PM Page 3 of 3 Jean Alberico, Garfield County, Colorado Rec Fee: $21.00 Doc Fee: $0.00 eRecorded Exhibit "A" Township 6 South, Range 90 West of the 6111 Principal Meridian Section 31: E %: NE %, NE y SE %4 Section 32: W % NW %, W 'h SW '/ Exhibit B Page 8 of 11 EXCEPT a tract of land situate in the NE'/ NE '4, Sec. 31 Tp. 6S., R. 90 W., 6'h P.M., lying Southerly of a County Road as constructed and in place, described as follows: Beginning at a point on the Southerly right-of-way line of said road whence a stone properly marked for the E V4 corner of Sec. 30 in said Township and Range bears N. 07° 10' 45" E. 2692.71 feet; thence S. 00° 16' 29" W. 205.54 feet; thence N. 88° 44' 59" W. 177.41 feet; thence N. 00° 02' 47" W. 205.72 feet to a point on the Southerly right-of-way of said road; thence S. 88° 42' 03" E. 178.56 feet along the Southerly right-of-way line of said road to the point of beginning, containing 0.84 acres, more or less. Subject property contains 280 acres, more or less. DISTRIBLTION DEED PAGE3 12119006'.1 145605/00001 Exhibit B Page 9 of 11 CERTIFICATE OF DEDICATION AND OWNERSHIP TRISCH SUBDIVISION EXEMPTION PLAT Parcels of Land Situate in the El/2 Section 31 & the W1/2W1/2 Section 32, Township 6 South, Range 90 West of the 6th P.M., County of Garfield, State of Colorado THE UNDERSIGNED, DONALD J. TRISCH BEING SOLE OWNER(S) IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN GARFIELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: TOWNSHIP 6 SOUTH, RANGE 90 WEST OF THE 6TH P.M. SECTION 31: E1/2NE1/4, NE1/4SE1/4 SECTION 32: W1/2NW1/4, W1/2SW1/4 EXCEPT A TRACT OF LAND SITUATE IN THE NE1/4NE1/4, SECTION 31, TOWNSHIP 6 SOUTH, RANGE 90 WEST OF THE 6TH P.M. LYING SOUTHERLY OFA COUNTY ROAD AS CONSTRUCTED AND IN PLACE, DESCRIBED AS FOLLOWS: BEGINNING ATA POINT OF THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID ROAD WHENCE A STONE PROPERLY MARKED FOR THE E1/4 CORNER OF SECTION 30 IN SAID TOWNSHIP AND RANGE BEARS NORTH 07°10'45" EAST 2692.71 FEET; THENCE SOUTH 00°16'29" WEST 205.54; THENCE NORTH 88°44'59" WEST 177.41 FEET; THENCE NORTH 00°02'47" WEST 205.72 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID ROAD, THENCE SOUTH 88°42'03" EAST 178.56 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID ROAD TO THE POINT OF BEGINNING. TOGETHER WITH ALL IMPROVEMENTS SITUATE THEREON, ALSO, TOGETHER WITH ANY AND ALL DITCH AND WATER RIGHTS BELONGING TO , USED UPON OR IN CONNECTION WITH THE ABOVE DESCRIBED LANDS. CONTAINING 280 ACRES, MORE OR LESS HAS BY THESE PRESENTS LAID OUT AND PLATTED THE SAME AS SHOWN ON THIS PLAT UNDER THE NAME AND STYLE OF TRISCH SUBDIVISION EXEMPTION, AN EXEMPTION PLAT OF LANDS IN THE COUNTY OF GARFIELD. THE OWNER(S) DO(ES) HEREBY DEDICATE AND SET APART ALL OF THE STREETS AND ROADS AS SHOWN ON THE ACCOMPANYING PLAT TO THE USE OF THE PUBLIC FOREVER, AND HEREBY DEDICATE(S) TO THE PUBLIC UTILITIES THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED AS UTILITY EASEMENTS ON THE ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES, IRRIGATION AND DRAINAGE FACILITIES INCLUDING, BUT NOT LIMITED TO, ELECTRIC LINES, GAS LINES AND TELEPHONE LINES, TOGETHER WITH THE RIGHT TO TRIM INTERFERING TREES AND BRUSH, WITH PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH LINES. SUCH EASEMENTS AND RIGHTS OF WAY SHALL BE UTILIZED IN A REASONABLE AND PRUDENT MANNER. ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTY OF GARFIELD. EXECUTED THIS DAY OF , A.D., 2016. DONALD J. TRISCH P.O. BOX 290512 KERRVILLE, TX 78028 STATE OF TEXAS : SS COUNTY OF KERR ) THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , A.D., 2016, BY DONALD J. TRISCH. MY COMMISSION EXPIRES: WITNESS MY HAND AND OFFICIAL SEAL. (SEAL) NOTARY PUBLIC PROPERTY DESCRIPTIONS EXEMPTION PARCEL A A PARCEL OF LAND SITUATE IN THE W1/2NW1/4 OF SECTION 32, TOWNSHIP 6 SOUTH, RANGE 90 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. ALL BEARINGS RELATIVE TO A BEARING OF N89°18'51 "W BETWEEN THE NORTHWEST CORNER OF SAID SECTION 32, A 3-1/4" DIA. ALUMINUM CAP LS NO. 19598 BEING A 28' WITNESS CORNER WHICH BEARS N00 °39'07"E 28.00' FROM THE TRUE POSITION OF SAID CORNER AND THE WEST 1/ 16 CORNER BETWEEN SECTIONS 29 AND 32, A 3-1/4" DIA. ALUMINUM CAP LS NO. 36572, IN PLACE. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT SAID WEST 1/ 16 CORNER BETWEEN SECTIONS 29 AND 32, THENCE ALONG THE EAST LINE OF SAID W1/ 2NW1/ 4 SECTION 32 S00 °44'51 "W 481.72 FEET TO A POINT OF THE APPARENT NORTHERLY PRESCRIPTIVE RIGHT-OF-WAY EASEMENT LINE OF COUNTY ROAD NO. 312 BEING A 30 FOOT OFFSET OF THE CENTERLINE OF SAID COUNTY ROAD AS CONSTRUCTED AND IN PLACE; THENCE ALONG SAID APPARENT NORTHERLY PRESCRIPTIVE RIGHT-OF-WAY EASEMENT LINE THE FOLLOWING THREE (3) COURSES: 1.) N36°16'41 "W 145.69 FEET; 2.) N39°05'45"W 443.80 FEET; 3.) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 146.50 FEET, AN ARC LENGTH OF 35.46 FEET, CHORD BEARS N46°01 'S0"W 35.38 FEET TO A POINT ON THE NORTHERLY LINE OF SAID W1/2NW1/4; THENCE DEPARTING SAID APPARENT NORTHERLY PRESCRIPTIVE RIGHT-OF-WAY EASEMENT LINE S89°18'51 "E ALONG SAID NORTHERLY LINE OF THE W1/2NW1/4 SECTION 32 A DISTANCE OF 397.85 FEET TO SAID WEST 1/ 16 CORNER BETWEEN SECTIONS 29 AND 32, THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 2.131 ACRES, ±. EXEMPTION PARCEL B (MAIN RANCH PARCEL) TOWNSHIP 6 SOUTH, RANGE 90 WEST OF THE 6TH P.M. SECTION 31: E1/2NE1/4, NE1/4SE1/4 SECTION 32: W1/2NW1/4, W1/2SW1/4 EXCEPT A TRACT OF LAND SITUATE IN THE NEI /4NE1/4, SECTION 31, TOWNSHIP 6 SOUTH, RANGE 90 WEST OF THE 6TH P.M. LYING SOUTHERLY OF A COUNTY ROAD AS CONSTRUCTED AND IN PLACE, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID ROAD WHENCE A STONE PROPERLY MARKED FOR THE E1/4 CORNER OF SECTION 30 IN SAID TOWNSHIP AND RANGE BEARS NORTH 07°10'45" EAST 2692.71 FEET; THENCE SOUTH 00°16'29" WEST 205.54; THENCE NORTH 88°44'59" WEST 177.41 FEET; THENCE NORTH 00°02'47" WEST 205.72 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID ROAD, THENCE SOUTH 88°42'03" EAST 178.56 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID ROAD TO THE POINT OF BEGINNING. ALSO EXCEPT A PARCEL OF LAND SITUATE IN THE W1/ 2NW1/4 OF SECTION 32, TOWNSHIP 6 SOUTH, RANGE 90 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. ALL BEARINGS RELATIVE TO A BEARING OF N89°18'51 "W BETWEEN THE NORTHWEST CORNER OF SAID SECTION 32, A 3-1/4" DIA. ALUMINUM CAP LS NO. 19598 BEING A 28' WITNESS CORNER WHICH BEARS N00°39'07"E 28.00' FROM THE TRUE POSITION OF SAID CORNER AND THE WEST 1/ 16 CORNER BETWEEN SECTIONS 29 AND 32, A 3-1/4" DIA. ALUMINUM CAP LS NO. 36572, IN PLACE. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT SAID WEST 1/ 16 CORNER BETWEEN SECTIONS 29 AND 32, THENCE ALONG THE EAST LINE OF SAID W1/ 2NW1/ 4 SECTION 32 S00°44'51 "W 481.72 FEET TO A POINT OF THE APPARENT NORTHERLY PRESCRIPTIVE RIGHT-OF-WAY EASEMENT LINE OF COUNTY ROAD NO. 312 BEING A 30 FOOT OFFSET OF THE CENTERLINE OF SAID COUNTY ROAD AS CONSTRUCTED AND IN PLACE; THENCE ALONG SAID APPARENT NORTHERLY PRESCRIPTIVE RIGHT-OF-WAY EASEMENT LINE THE FOLLOWING THREE (3) COURSES: 1.) N36°16'41 "W 145.69 FEET; 2.) N39°05'45"W 443.80 FEET; 3.) ALONG THE ARC OFA CURVE TO THE LEFT HAVING A RADIUS OF 146.50 FEET, AN ARC LENGTH OF 35.46 FEET, CHORD BEARS N46°01'50"W 35.38 FEET TO A POINT ON THE NORTHERLY LINE OF SAID W1/2NW1/4; THENCE DEPARTING SAID APPARENT NORTHERLY PRESCRIPTIVE RIGHT-OF-WAY EASEMENT LINE S89°18'51 "E ALONG SAID NORTHERLY LINE OF THE W1/ 2NW1/ 4 SECTION 32 A DISTANCE OF 397.85 FEET TO SAID WEST 1/ 16 CORNER BETWEEN SECTIONS 29 AND 32, THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 2.131 ACRES, ±. MINERAL INTEREST 'GARFIELD COUNTY PARCEL NO. 2183-322-00-011) LOCATION: E1/2NE1/4, NE1/4SE1/4 IN SECTION 31, AND W1/2NW1/4 SECTION 32, TOWNSHIP 6 SOUTH, RANGE 90 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO MINERAL ESTATE OWNERS: DONALD J. TRISCH P.O. BOX 290512 KERRVILLE, TX 78028 LOCATION: W1/2SW1/4 SECTION 32, TOWNSHIP 6 SOUTH, RANGE 90 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO MINERAL ESTATE OWNERS: UNITED STATES OF AMERICA c/o BUREAU OF LAND MANAGEMENT 2850 YOUNGFIELD STREET LAKEWOOD, CO 80215-7210 Vicinity Map Scale: 1 "=2000' EXEMPTION PLAT NOTES THE FOLLOWING PLAT NOTES WERE REQUIRED BY GARFIELD COUNTY REGULATION AND AS SUCH ARE NOTA PART OF THE SURVEYORS CERTIFICATION HEREON. A. CONTROL OF NOXIOUS WEEDS IS THE RESPONSIBILITY OF THE PROPERTY OWNER. B. NO NEW OPEN HEARTH SOLID -FUEL FIREPLACES WILL BE ALLOWED ANYWHERE WITHIN AN EXEMPTION. ONE (1) NEW SOLID -FUEL BURNING STOVE AS DEFINED BY C.R.S. 25-7-401, ET. SEQ., AND THE REGULATIONS PROMULGATED THEREUNDER, WILL BE ALLOWED IN ANY DWELLING UNIT. ALL DWELLING UNITS WILL BE ALLOWED AN UNRESTRICTED NUMBER OF NATURAL GAS BURNING STOVES AND APPLIANCES. C. ALL EXTERIOR LIGHTING SHALL BE THE MINIMUM AMOUNT NECESSARY AND THAT ALL EXTERIOR LIGHTING BE DIRECTED INWARD AND DOWNWARD, TOWARDS THE INTERIOR OF THE SUBDIVISION, EXCEPT THAT PROVISIONS MAYBE MADE TO ALLOW FOR SAFETY LIGHTING THAT GOES BEYOND THE PROPERTY BOUNDARIES. D. COLORADO ISA "RIGHT -TO -FARM" STATE PURSUANT TO C.R.S. 35-3-101, ET SEQ. LANDOWNERS, RESIDENTS AND VISITORS MUST BE PREPARED TO ACCEPT THE ACTIVITIES, SIGHTS, SOUNDS AND SMELLS OF GARFIELD COUNTY'S AGRICULTURAL OPERATIONS AS A NORMAL AND NECESSARY ASPECT OF LIVING INA COUNTY WITH A STRONG RURAL CHARACTER AND A HEALTHY RANCHING SECTOR. THOSE WITH AN URBAN SENSITIVITY MAY PERCEIVE SUCH ACTIVITIES, SIGHTS, SOUNDS, SMELLS ONLY AS INCONVENIENCE, EYESORE, NOISE AND ODOR. HOWEVER, STATE LAW AND COUNTY POLICY PROVIDE THAT RANCHING, FARMING AND OTHER AGRICULTURAL ACTIVITIES AND OPERATIONS WITHIN GARFIELD COUNTY SHALL NOT BE CONSIDERED TO BE NUISANCES SO LONG AS OPERATED IN CONFORMANCE WITH THE LAW AND IN A NON NEGLIGENT MANNER. THEREFORE, ALL MUST BE PREPARED TO ENCOUNTER NOISES, ODOR, LIGHTS, MUD, DUST, SMOKE, CHEMICALS, MACHINERY ON PUBLIC ROADS, LIVESTOCK ON PUBLIC ROADS, STORAGE AND DISPOSAL OF MANURE, AND THE APPLICATION BY SPRAYING OR OTHERWISE OF CHEMICAL FERTILIZERS, SOIL AMENDMENTS, HERBICIDES, AND PESTICIDES, ANY ONE OR MORE OF WHICH MY NATURALLY OCCUR AS PART OFA LEGAL AND NON -NEGLIGENT AGRICULTURAL OPERATIONS. E. ALL OWNERS OF LAND, WHETHER RANCH OR RESIDENCE, HAVE OBLIGATIONS UNDER STATE LAW AND COUNTY REGULATIONS WITH REGARD TO THE MAINTENANCE OF FENCES AND IRRIGATION DITCHES, CONTROLLING WEEDS, KEEPING LIVESTOCK AND PETS UNDER CONTROL, USING PROPERTY IN ACCORDANCE WITH ZONING, AND OTHER ASPECTS OF USING AND MAINTAINING PROPERTY. RESIDENTS AND LANDOWNERS ARE ENCOURAGED TO LEARN ABOUT THESE RIGHTS AND RESPONSIBILITIES AND ACT AS GOOD NEIGHBORS AND CITIZENS OF THE COUNTY. A GOOD INTRODUCTORY SOURCE FOR SUCH INFORMATION IS "A GUIDE TO RURAL LIVING & SMALL SCALE AGRICULTURE" PUT OUT BY THE COLORADO STATE UNIVERSITY EXTENSION OFFICE IN GARFIELD COUNTY. F. ADDRESSES ARE TO BE POSTED WHERE THE DRIVEWAY INTERSECTS THE COUNTY ROAD. IFA SHARED DRIVEWAY IS USED, THE ADDRESS FOR EACH HOME SHALL BE POSTED TO CLEARLY IDENTIFY EACH ADDRESS. LETTERS ARE TO BE A MINIMUM OF 4 INCHES IN HEIGHT, 1/2 INCH IN WIDTH AND CONTRASTS WITH BACKGROUND COLOR. G. DRIVEWAYS SHALL BE CONSTRUCTED TO ACCOMMODATE THE WEIGHTS AND TURNING RADIUS OF EMERGENCY APPARATUS IN ADVERSE WEATHER CONDITIONS. H. COMBUSTIBLE MATERIALS SHALL BE THINNED FROM AROUND STRUCTURES SO AS TO PROVIDE A DEFENSIBLE SPACE IN THE EVENT OFA WILD LAND FIRE. 1. "THE MINERAL RIGHTS ASSOCIATED WITH THIS PROPERTY MAY NOT HAVE BEEN TRANSFERRED WITH THE SURFACE ESTATE THEREFORE ALLOWING THE POTENTIAL FOR NATURAL RESOURCE EXTRACTION ON THE PROPERTY BY THE MINERAL ESTATE OWNER(S) OR LESSEE(S)." J. A SITE SPECIFIC SOILS AND FOUNDATION ANALYSIS SHALL BE REQUIRED FOR NEW CONSTRUCTION. COMPLIANCE WITH THE RECOMMENDATIONS OF SAID ANALYSIS SHALL BE REQUIRED. K. ALL NEW HOME CONSTRUCTION SHALL REQUIRE INSTALLATION OF FIRE SUPPRESSION SPRINKLER SYSTEMS UNLESS ALTERNATE FIRE PROTECTION MEASURES ARE APPROVED BY THE COLORADO FIRE AND RESCUE DISTRICT. SURVEYOR NOTES 1.) DATE OF SURVEY WAS FEBRUARY 10, 2016. 2.) THE PURPOSE OF THIS SUBDIVISION EXEMPTION PLAT IS TO CREATE 2 SEPARATE PARCELS OF LAND THAT ARE SPLIT BY COUNTY ROAD NO. 312, INTO EXEMPTION PARCELS A 86B, AS SHOWN HEREON. 3.) THE APPARENT PRESCRIPTIVE RIGHT-OF-WAY EASEMENT LINE FOR COUNTY ROAD NO. 312 REFERENCED AND SHOWN HEREON IS BASED ON A 30 FOOT OFFSET FROM THE CENTERLINE OF SAID COUNTY ROAD AS CONSTRUCTED AND IN PLACE. 4.) THIS SURVEY IS BASED ON THE TITLE COMMITMENT PREPARED BY COMMONWEALTH TITLE COMPANY OF GARFIELD COUNTY, INC., FILE NO. 1601042WITH AN EFFECTIVE DATE OF JANUARY 15, 2016, WELL LOCATION MAPS PREPARED AND SUBMITTED TO THE COGCC (COLORADO OIL AND GAS CONSERVATION COMMISSION) WHICH GRAPHICALLY DEPICT THE FOUND SECTION CORNERS FOR SECTIONS 31 & 32 AND THE AMENDED FAAS SUBDIVISION EXEMPTION PLAT RECORDED AS RECEPTION NO. 582937, AS FILED WITH THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE, DOCUMENTS OF RECORD AND MONUMENTS FOUND IN PLACE. TITLE CERTIFICATE I, , AN AGENT AUTHORIZED BY A TITLE INSURANCE COMPANY, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS PLAT AND THAT TITLE TO SUCH LANDS IS VESTED IN FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES (INCLUDING MORTGAGES, DEEDS OF TRUST, JUDGMENTS, EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT), EXCEPT AS FOLLOWS: DATED THIS DAY OF , A.D. 2016. COMMONWEALTH TITLE COMPANY OF GARFIELD COUNTY, INC. AGENT COUNTY COMMISSIONER'S CERTIFICATE BASED UPON THE REVIEW AND RECOMMENDATION OF GARFIELD COUNTY DIRECTOR OF COMMUNITY DEVELOPMENT, THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, HEREBY APPROVES THIS EXEMPTION PLAT THIS DAY OF , A.D., 2016, FOR FILING WITH THE CLERK AND RECORDER OF GARFIELD COUNTY AND FOR CONVEYANCE TO THE COUNTY OF THE PUBLIC DEDICATIONS SHOWN HEREON, SUBJECT TO THE PROVISIONS THAT APPROVAL IN NO WAY OBLIGATES GARFIELD COUNTY FOR THE FINANCING OR CONSTRUCTION OF IMPROVEMENTS ON LANDS, PUBLIC ROADS, HIGHWAYS OR EASEMENTS DEDICATED TO THE PUBLIC, EXCEPT AS SPECIFICALLY AGREED TO BY THE BOARD OF COUNTY COMMISSIONERS BY SUBSEQUENT RESOLUTION. THIS APPROVAL SHALL IN NO WAY OBLIGATE GARFIELD COUNTY FOR THE CONSTRUCTION, REPAIR OR MAINTENANCE OF PUBLIC ROADS, HIGHWAYS OR ANY OTHER PUBLIC DEDICATIONS SHOWN HEREON. CHAIRMAN, BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO WITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD. ATTEST: COUNTY CLERK SURVEYOR'S CERTIFICATE I, MICHAEL J. LANGHORNE, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS PLAT ISA TRUE, CORRECT AND COMPLETE PLAT OF TRISCH SUBDIVISION EXEMPTION, AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME, OR UNDER MY SUPERVISION, AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF THE TRISCH SUBDIVISION EXEMPTION PLAT AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND. IN WITNESS WHEREOF, I HAVE SET MY HAND AND SEAL THIS DAY OF , A.D., 2016. PROFESSIONAL LAND SURVEYOR CERTIFICATE OF TAXES PAID I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND ASSESSMENTS DUE AND PAYABLE AS OF , UPON ALL PARCELS OF REAL ESTATE DESCRIBED ON THIS PLAT ARE PAID IN FULL. DATED THIS DAY OF ,A.D., 2016. TREASURER OF GARFIELD COUNTY COUNTY SURVEYOR'S CERTIFICATE APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS OR DRAFTING, PURSUANT TO C.R.S. § 38-51-101 AND 102, ET SEQ. DATED THIS DAY OF , A.D., 2016. GARFIELD COUNTY SURVEYOR CLERK AND RECORDER'S CERTIFICATE THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO, AT O'CLOCK ON THIS DAY OF A.D., 2016, AND IS DULY RECORDED AS RECEPTION NO. ATTEST: CLERK AND RECORDER BY: REVIEW DESCRIPTION TRISCH SUBDIVISION EXEMPTION PLAT DONALD J. TRISCH 7225 GARFIELD CREEK ROAD NEW CASTLE, CO 81647 FILE: 16004-01 DFT. SCB CK. MJL DATE: 2/17/16 PROJECT NO. 16004-01 SHEET 1 OF 2 Exhibit B Page 10 of 11 Exemption Parcel A Detail Scale:1 "=100' Legend Rebar and 1-1/4" Dia. Cap LS No. 36572 set in Place J TRISCH SUBDIVISION EXEMPTION PLAT Parcels of Land Situate in the El/2 Section 31 &the W1/2W1/2 Section 32, Township 6 South, Range 90 West of the 6th P.M., County of Garfield, State of Colorado Power Pole (Typical) 31 Northwest Corner Section 32 28' Witness Corner Bears NOO°39'07"E 28.00' from point for Corner, a 3-1/4" Dia. Aluminum Cap LS No. 19598 in Place Gate\�� S 89°1628"E 101.8 A 1331.39' } County Road No. 312 (Garfield Creek Rd.) S 00°43'50" W S 00°43'50" W cri 230.8' 3 cv Tie L 1 Telephone Ped. Exception Parcel (0.840 Acres±) 1 Story House with Walkout Basement Well Exemption Parcel B - x Main Ranch Parcel (278 Acres±) X X Gate. 1 Section 31 0 0 S 89°18'51" E II 1310.33' 11 c1 Gate West 1/ 16 Corner Between Section 29 & 32 A 3-1/4" Dia. Aluminum Cap LS No. 36572 in Place r ► S 89°19'10"E /NN NN Driveway \ �\ II I II II irPropane Tank // ----Shed — — Electric Meteri2 on Power Pole // // // // II II 1I II 11 II 11 \\ Section 32 1310.59' Exemption Parcel A \ ▪ � (2.131 Acres±) 60.0' North West 1/16 Corner Section 32 A 3-1/4" Dia. Aluminum Cap LS No. 19598 in Place North 1/4 Corner Section 32 A 3-1/4" Dia. Aluminum Cap LS No. 19598 in Place Reed N°'2 0-082 2183,322 \ Trast Rpaa el 0-°83 2183-32-- \ X pprclN�.01 \ 2183322"0 Srai N° cNi o. parte ,00,018 «i `n 2183.322 M No. 5 Rebar in Place N 00°45'47" E 0 ni co Road Nx • 311.0' 81.5' S 89°23'16" E — 81.6' --� 11 \\ \\ 1322x72' Fence \ • e Small Corral SouthWest Corner Section 32 II A 2-1/2" Dia. USGLO Brass Cap _ in Place (The position of this monument was established by the found reference monuents) Gate X 11 West Center 1/16 Corner 11 Section 32 A 3-1/4" Dia. Aluminum x Cap LS No. 31143 in Place Fencex S 89°24'52" E 1319.78' O N x X X 24.7' 29.8' J \ 32 -p- 0 400 800 1200 Scale:1 "=400' LINE BEARING DISTANCE LI N 82°10'04" E 352.33' — d, \0'\_--- / — — — I - _ — — — — —_ _ J 3 — — — — , -- L9 � _____...r/ / —� X .j rAc� P --I-- ce + \ \ \ 0 \ \ \ \ \ West 1/ 16 Corner Between Section 29 & 32 A 3-1/4" Dia. Aluminum Cap LS No. 36572 in Place 4--- P.O.B. Exemption Parcel A (2.131 Acres±) \ Reed 322 00-082 1 parcel N°. 2183 1 V. \ \ \ Reed T32,00 ,083 2183, \ parcel N°' \ \\ .. _Tv�1 N \ \ \ + 0Q)` d 0�x �x �x \ �_ p \ \ \ \ \ ° \ \ 00+ \ \ \ \ + \ 00 \ �o \\ \ \ \\ ia13� \ \ -f- 3 \ \ +\ \ + �• oo \\ \\ G\P io5 0 +\ \ (5(' e,ci �(� �9, \ ` o o 00 178.56' L6 S 00°44'51" W 481.72' Scale:1 "=100' Legend Rebar and 1-1/4" Dia. Cap LS No. 36572 set in Place J TRISCH SUBDIVISION EXEMPTION PLAT Parcels of Land Situate in the El/2 Section 31 &the W1/2W1/2 Section 32, Township 6 South, Range 90 West of the 6th P.M., County of Garfield, State of Colorado Power Pole (Typical) 31 Northwest Corner Section 32 28' Witness Corner Bears NOO°39'07"E 28.00' from point for Corner, a 3-1/4" Dia. Aluminum Cap LS No. 19598 in Place Gate\�� S 89°1628"E 101.8 A 1331.39' } County Road No. 312 (Garfield Creek Rd.) S 00°43'50" W S 00°43'50" W cri 230.8' 3 cv Tie L 1 Telephone Ped. Exception Parcel (0.840 Acres±) 1 Story House with Walkout Basement Well Exemption Parcel B - x Main Ranch Parcel (278 Acres±) X X Gate. 1 Section 31 0 0 S 89°18'51" E II 1310.33' 11 c1 Gate West 1/ 16 Corner Between Section 29 & 32 A 3-1/4" Dia. Aluminum Cap LS No. 36572 in Place r ► S 89°19'10"E /NN NN Driveway \ �\ II I II II irPropane Tank // ----Shed — — Electric Meteri2 on Power Pole // // // // II II 1I II 11 II 11 \\ Section 32 1310.59' Exemption Parcel A \ ▪ � (2.131 Acres±) 60.0' North West 1/16 Corner Section 32 A 3-1/4" Dia. Aluminum Cap LS No. 19598 in Place North 1/4 Corner Section 32 A 3-1/4" Dia. Aluminum Cap LS No. 19598 in Place Reed N°'2 0-082 2183,322 \ Trast Rpaa el 0-°83 2183-32-- \ X pprclN�.01 \ 2183322"0 Srai N° cNi o. parte ,00,018 «i `n 2183.322 M No. 5 Rebar in Place N 00°45'47" E 0 ni co Road Nx • 311.0' 81.5' S 89°23'16" E — 81.6' --� 11 \\ \\ 1322x72' Fence \ • e Small Corral SouthWest Corner Section 32 II A 2-1/2" Dia. USGLO Brass Cap _ in Place (The position of this monument was established by the found reference monuents) Gate X 11 West Center 1/16 Corner 11 Section 32 A 3-1/4" Dia. Aluminum x Cap LS No. 31143 in Place Fencex S 89°24'52" E 1319.78' O N x X X 24.7' 29.8' J \ 32 -p- 0 400 800 1200 Scale:1 "=400' LINE BEARING DISTANCE LI N 82°10'04" E 352.33' L2 S 00°16'29" W 205.54' L3 N 88°44'59" W 177.41' L4 N 00°02'47" W 205.72' L5 S 88°42'03" E 178.56' L6 S 00°44'51" W 481.72' L7 N 36°16'41" W 145.69' L8 N 39°05'45" W 443.80' L9 S 89°18'51" E 397.85' CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C1 146.50' 35.46' 35.38' N 46°01'50" W 13°52'11" REVIEW DESCRIPTION z 0 w cr TRISCH SUBDIVISION EXEMPTION PLAT 0 0 CD w — w I— 0 0 0 J J W Z • LL O < 0 0 N CV ti NEW CASTLE, CO 81647 FILE: 16004-01 DFT. SCB CK. MJL DATE: 2/17/16 PROJECT NO. 16004-01 SHEET 2 OF 2 Exhibit B Page 11 of 11 From: Whitehead - DNR, Dwight To: Patrick L. Barker; Robin Mueller Subject: TRISCH, Water Well Permit Application, Receipt no. 9504077 Date: Tuesday, March 22, 2016 4:40:17 PM Patrick, We are in receipt of the Water Well Permit Application for Donald Trisch, County Road 312, New Castle CO, pending Trisch Exemption, Garfield County. The application will be entered and reviewed under Receipt no. 9504077. Additionally the $100 non-refundable filing fee will be billed to James Neu's credit card with the number ending in 5915. Please note billing is through our Denver Office and will have lag time. Let me know if you have any questions. Regards Dwight Whitehead Well Commissioner Division 5 Water Resources PO Box 396 Glenwood Springs, CO 81602 COLORADO Department of Naturat Resources P 970-945-5665 x5011 f 970-945-8741 dwight.whitehead@state.co.us 1 www.water.state.co.us Total Control Panel To: plb@mountainlawfirm.com Remove this sender from my allow list From: dwight.whitehead@state.co.us You received this message because the sender is on your allow list. Loin Exhibit C Page 1 of 5 DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATER RESOURCES POLICY 2011-1 John W. Hickenlooper Governor Mike King Executive Director Dick Wolfe, P.E. Director/State Engineer CONCERNING THE EVALUATION OF NEW DIVISIONS OF LAND BY SUBDIVISION, SUBDIVISION EXEMPTION, AND CLUSTER DEVELOPMENT WHEN CONSIDERING PROPOSALS FOR WATER SUPPLY FROM PROPOSED WELLS OR EXISTING WELLS Objective The objective of this policy is to give guidance for the evaluation of wells used as a water supply in a new subdivision, as defined in Section 30-28-101(10)(a) C.R.S. ("Subdivision"). This policy also revokes the following policies: • The January 3, 1985 policy whose subject was the "Combination of smaller parcels to qualify for "Domestic" use under CRS 37-92-602(3)(b)(II)", • POLICY MEMORANDUM 93-5, dated February 14, 1994, that addresses the situation "In Over -Appropriated Basins — Expanding the use of a Pre May 8, 1972 well on an intact Pre -June 1, 19721 Lot of Less Than 35 acres — to Add a Water Supply for ONE Single Family Dwelling", • Policy 95-7, dated December 28, 1995, whose subject was "Subdivision Water Supply Plan Review", along with that policy's Descriptive Clarification A dated April 18, 2000, and • Continued revocation of the March 1, 1988 MEMORANDUM that had been previously revoked by Policy 95-7 In addition, this policy will clarify the State Engineer's position on the validity of an existing well located on a parcel of land when providing comments to county planning departments for subdivision exemptions or cluster developments that involve that parcel. Policy Divisions of land by subdivision and the effect of 37-92-602(3)(b)(III) Effective immediately, any well, existing or proposed, that will be located in a Subdivision that results in the creation of one or more new parcels will be subject to an evaluation of whether the well will cause material injury. This evaluation for material injury does not When a lot is described as being "pre-" or "post -June 1, 1972", that date is a reference to the effective date of SB72-35, that is, the date on which certain county requirements regarding subdivision water supplies became effective (30-28-133). Note that 30-28-133(1) allowed counties until September 1, 1972 to adopt and enforce such regulations. Therefore, in many counties, a parcel created after June 1, 1972 but before September 1, 1972 may qualify as a "pre -June 1, 1972 parcel" if the county adopted and enforced the regulations after the parcel's creation date but on or prior to September 1, 1972. If a county did not adopt and enforce regulations until after September 1, 1972, all parcels created after June 1, 1972 are "post -June 1, 1972" parcels. Office of the State Engineer 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589 http://water.state.co.us Policy 2011-1 Evaluation of Subdivisions and Subdivision Exemptions Exhibit C PagF,age f extend to Subdivisions that the county requires of a landowner for the sole purpose of "legalizing" a parcel that has been in existence since June 1, 1972 nor does it apply to subdivisions for which the State Engineer has already provided comment to the county and the county has not requested new comment. If the well is in an over -appropriated basin and in a tributary source, or a not nontributary source in the Denver Basin, it shall be presumed to cause injury. In such a case, an assessment that the subdivision's proposed water supply will not cause material injury, can only be allowed if the proposed well is part of a court -approved augmentation plan and can be issued a well permit under such a plan. Note that, as stated in Policy 2003-2, the State Engineer will not approve substitute water supply plans for wells in new Subdivisions. 2. Existing well on divisions of land by subdivision exemption or creation of cluster development Through a separate memo, date March 11, 2011, the State Engineer has encouraged county planners to forward land use actions to the State Engineer's Office for comment in any case where the county is presented with a proposal to split a parcel of land when the parcel has an existing well or a permit issued for the construction of a well. In the event that the land division results in the well being located on a parcel that is smaller than the parcel that was considered when issuing the original well permit, the SEO will inform the county that, upon completion of the land use action, the existing well owner must re -permit the well consistent with the law as it applies to the size of the newly -created parcel on which it is located. Further, that requirement should be plainly visible on the plat such that the current owner and any prospective buyer will be aware of the requirement. Background 1. Divisions of land by subdivision and the effect of 37-92-602(3)(b)(III) The State Engineer's Office receives Subdivision water supply plans from county planning departments for review to provide "an opinion regarding material injury likely to occur to decreed water rights by virtue of diversion of water necessary or proposed to be used to supply the proposed Subdivision and adequacy of proposed water supply to meet requirements of the proposed Subdivision" as required under Section 30-28-136(h)(I), C.R.S. Often that review includes consideration of existing wells on the property and wells proposed to be permitted after the Subdivision is complete. Section 37-92-602(3)(b)(I1)(A) allows the permitting of wells for residential uses with a presumption of no material injury. Therefore, it would appear that a Subdivision's water supply could be provided by exempt wells issued pursuant to 37-92- 602(3)(b)(II)(A) based on a presumption that none of the wells would cause material injury. To prevent such an outcome, as a result of the General assembly enacting SB7 in 1975, 37-92- 602(3)(b)(III) states the following: "(III) If the (permit) application is for a well, as defined in subparagraph (II) of this paragraph (b), which will be located in a subdivision, as defined in section 30-28-101(10), C.R.S. , and approved on or after June 1, 1972, pursuant to article 28 of title 30, C.R.S., for which the water supply plan has not been recommended for approval by the state engineer, the cumulative effect of all such wells in the subdivision shall be considered in determining material injury." Policy 2011-1 Evaluation of Subdivisions and Subdivision Exemptions Exhibit C Pagpage f The plain language of this provision in the statutes applies only to consideration of an "application" for a well, not consideration of an existing well. The plain language also requires consideration of the "cumulative effect of all such wells" when determining injury. These statements have led to questions of whether an existing well, for which no permit application is required, should also be subject to the cumulative effect consideration, regardless of when and how it was permitted. Also, use of the term "cumulative effect" raises the question of whether there is a certain number of wells, or a certain volume of depletion that results from the cumulative pumping of all wells that will cross a threshold and be considered injurious. The result of these questions has been difficult and often inconsistent analysis of water supply plans that propose the use of a limited number of new or existing wells. The Division of Water Resources' documentation on exempt well permitting suggests a straightforward implementation of 37-92-602(3)(b)(IlI). In 1972 HB -1042 created the statutory "presumption that there will not be material injury" from exempt wells that would be used "solely for ordinary household purposes inside a single-family dwelling" and for wells on "a tract of land of 35 acres or more." This allowance gave landowners the ability to use a well for a water supply for their residence without an analysis of injury that would otherwise have been required pursuant to 37-92-602(3)(b)(I) [at the time, this statute was 148-21-45(3)(b)(I)]. During the same year, SB -35 was enacted. This legislation required the State Engineer to give an opinion to county planning departments regarding water supplies for new Subdivisions, including Subdivisions that would use wells. Then, during 1975, SB -7 enacted the new provision found in 37-92-602(3)(b)(III). Given this sequence of new legislation, it is reasonable to conclude that the objective of 37-92-602(3)(b)(III) was to prevent continued, large-scale subdivision of land into numerous parcels, each of which would qualify for an exempt household use only well under the presumption of no injury. Since Colorado water law did not — and does not now — recognize a de minimis amount for the purposes of determining injury, it is reasonable to conclude that 37-92-602(3)(b)(III) would apply to the cumulative effect that occurred from one well as much as from 100 wells. From this, the intent of 37-92-602(3)(b)(III) is that post -SB -35 parcels, that is, those created after June 1, 1972 according to the provisions of 30-28-133, can obtain a water supply only from wells that do not cause injury; no presumption of no injury would apply. This disallows the use of a well that could otherwise have been permitted according to the presumption of no injury and it also requires that any new or existing well (including pre -May 8, 1972 wells) that would be used in the subdivision, be evaluated according to 37-92- 602(3)(b)(I) to determine whether that well will cause injury. Therefore, all wells proposed as the water supply in a Subdivision must be evaluated to determine whether they cause injury, without the allowance of the presumption of non -injury found in 37-92-602(3)(b)(II)(A). 2. Existing well on divisions of land by subdivision exemption or creation of cluster development Many counties routinely allow parcels of land to be divided under limited conditions with an exemption from the statutory subdivision process identified in 30-28-133 ("Subdivision Exemption"). A division of land by Subdivision Exemption that involves a parcel that is 35 acres or larger, when that parcel has an existing well permit whose issuance is premised on the parcel being 35 acres or larger, has potential to create a conflict between the continued legal operation of the existing well on one of the newly -created parcels and the evaluation of a new well permit for another of the newly -created parcels. Policy 2011-1 Evaluation of Subdivisions and Subdivision Exemptions Exhibit C Pagpage f 54 A simple example is the scenario where a landowner owns a square 40 -acre parcel. According to 37-92-602(3)(b)(II)(A), because the parcel is larger than 35 acres, the landowner may acquire a well permit ("Permit A") for use in up to three single-family dwellings, irrigation of one acre of lawn and garden, domestic animal watering, and pasture livestock watering. One requirement is that it be the only exempt well permit on the parcel. In granting such a permit, the State Engineer's Office ("SEO") will document that the 40 -acre parcel has been considered in issuing a well permit and that no other exempt well permit may be issued on that land, nor may that land be considered as the basis for the issuance of another exempt permit. If that same landowner splits that parcel through a Subdivision Exemption and the well is located on a newly -created parcel of smaller than 35 acres, it would a appear that the original basis for the issuance of Permit A is no longer valid due to the fact that the well is no longer located on a "parcel" of 35 acres. If that situation is not corrected, an application for an exempt well permit on another of the newly -created parcels ("Permit B"), would appear to invalidate one of the conditions for the issuance of Permit A, that is, the original well would no longer be the only well on the original 40 acres. Before the split. 7 Permit A Area is shaded to document the encumbrance by Permit A After the split Permit A Permit B (in shaded area) If the land split takes place without reconciling the issue at that time, the unavoidable outcome in this scenario is that at a later date, the SEO must do one of the following: 1. Allow Permit A to stay in effect and deny Permit B, 2. Allow Permit A to 'stay in effect and issue Permit B, resulting in a violation of Permit As conditions of approval, 3. Revoke Permit A and issue Permit B, resulting in a requirement that Permit A be reissued with its allowed uses being reduced to household purposes inside a single- family dwelling with no outside uses allowed. None of the alternatives is desirable from a legal or administrative perspective. This same scenario may also occur when the original parcel is smaller than 35 acres. Therefore, for a division of land that results in a well being located on a parcel that is smaller than the parcel that was considered when issuing the original well permit, the State Engineer's Office will recommend that the county require that, as a condition of approving the land division, the existing well owner re -permit the well consistent with current law as it applies to the newly - created parcel on which the well is located. This eliminates the possibility of sharing a tributary Policy 2011-1 Evaluation of Subdivisions and Subdivision Exemptions Exhibit C Page 5 of 5 Page 5 well between newly -created parcels using an existing well's ability to serve more than one single family dwelling, since a new well permit on a parcel of less than 35 acres will be limited to inside uses only in just one single-family dwelling. Except as described herein, this policy may be modified or revoked only in writing by the State Engineer. Approved this fi-'-- day of MAS , 2011. ick Wolfe, P.E. Director/State Engineer Exhibit D Page 1 of 3 DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATER RESOURCES March 11, 2011 MEMORANDUM TO: ALL COUNTY LAND USE PLANNING DIRECTOR FROM: DICK WOLFE, STATE ENGINEER SUBJECT: STATE ENGINEER'S RECOMMENDATION FOR CERTAIN LAND USE ACTIONS John W. Hickenlooper Governor Mike King Executive Director Dick Wolfe, P.E. Director/State Engineer Introduction On March 4, 2005, the State Engineer approved a memorandum to the Land Use Planning Directors for each county in the state. The memorandum addressed the State Engineer's responsibilities in providing "an opinion regarding material injury likely to occur to decreed water rights by virtue of diversion of water necessary or proposed to be used to supply the proposed subdivision and adequacy of proposed water supply to meet requirements of the proposed subdivision" as required under Section 30-28- 136(h)(I) C.R.S. The direction in that memorandum remains valid. The objective of this memorandum is to provide land use planning directors with additional important information in an attempt to reduce the incidence of well permitting conflicts that may result from land use actions that split parcels of land but do not involve the subdivision of land as defined in Section 30-28-101(10)(a), C.R.S. An action that results in the division of a parcel of land that is 35 acres or larger, when that parcel has an existing well permit whose issuance is premised on the parcel being 35 acres or larger, has potential to create a conflict between the continued legal operation of the existing well on one of the newly -created parcels and the ability to issue a new well permit for another of the newly -created parcels. This potential conflict also exists in the division of a parcel that is smaller than 35 acres. Recommendation Therefore, by this memo, we recommend that you forward land use actions to the SEO for comment in any case where you are presented with a proposal to split a parcel of land and the land has an existing well or a permit issued for the construction of a well. Background Consider the scenario where a landowner owns a square 40 -acre parcel. According to 37-92-602(3)(b)(I1)(A), because the parcel is 35 acres or larger the landowner may acquire a well permit ("Permit A") for use in up to three single-family dwellings, irrigation Office of the State Engineer 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589 http://water.state.co.us All County Land Use Planning Directors State Engineer's Recommendation for Certain Land Use Actions Exhibit D Paege 2f 3 of one acre of lawn and garden, domestic animal watering, and pasture livestock watering. One limitation is that it be the only exempt well permit on the parcel. In granting such a permit, the State Engineer's Office ("SEO") will document that the 40 - acre parcel has once been considered in issuing a well permit and that no other exempt well permit may be issued on that land, nor may any part of that land be considered as the basis for the issuance of another exempt permit. If that same landowner splits that parcel through a process exempt from subdivision requirements and the well is located on a newly -created parcel of smaller than 35 acres, it would a appear that the original basis for the issuance of Permit A is no longer valid due to the fact that the well is no longer located on a "parcel" of 35 acres. If that situation is not corrected, an application for an exempt well permit on another of the newly -created parcel ("Permit B"), would appear to invalidate one of the conditions for the issuance of Permit A, that is, Permit A would no longer be the only well on the original 40 acres. Before the split. Permit A Area is shaded to document the encumbrance by Permit A After the split Permit A Permit B (in shaded area) If the land split takes place without reconciling the issue at that time, the unavoidable outcome in this scenario is that at a later date, the State Engineer's Office ("SEO") must do one of the following: 1. Allow Permit A to stay in effect and deny Permit B, 2. Allow Permit A to stay in effect and issue Permit B, resulting in a violation of Permit A's conditions of approval, 3. Revoke Permit A and issue Permit B, resulting in a requirement that Permit A be reissued with its allowed uses being reduced to household purposes inside a single-family dwelling with no outside uses allowed. None of the alternatives is preferable from a legal or administrative perspective. This same scenario may also occur when the original parcel is smaller than 35 acres. Therefore, by this memo, we recommend that you forward land use actions to the SEO for comment in any case where you are presented with a proposal to split a parcel of land and the land has an existing well or a permit issued for the construction of a well. In the event that the land division results in the well being located on a parcel that is smaller than the parcel that was considered when issuing the original well permit, the SEO will inform the county that, upon completion of the land use action, the existing well owner must re -permit the well consistent with the law as it applies to the size of the newly -created parcel on which it is located. Further, that requirement should be plainly All County Land Use Planning Directors State Engineer's Recommendation for Certain Land Use Actions Exhibit D PaQege Of 3 visible on the plat such that the current owner and any prospective buyer will be aware of the requirement. While the SEO has no statutory responsibility to review land use actions such as these that do not involve the subdivision of land as defined in Section 30-28-101(10)(a), the benefit of minimizing conflicts in these situations merits the attention of the SEO staff. Therefore, the staff of the SEO will respond to such land use action referrals from the county within 21 days of their receipt.