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Home My WebLink About1.1 Supplemental Application InfoTo: Glen Hartman From: Leslie Lewis Re: Completeness Review Sloop ADU (GAPA-04-16-8442) 1. Copy of Deed to Property: Attached along with Declaration of Covenants and Road Sharing Agreement. Easements are illustrated on site plan submitted. 2. Names of mineral rights owners: After research by Garfield County Clerk and Recorder, it was determined that the mineral rights were owned by Bessie Fender who has since deceased. Her son Verle Fencer was left as personal representative, but is deceased also. No trail was left after his death. 3. Property owners within 200' of our property line attached. 4. Signed copy of agreement attached. 5. Topography plan is attached showing minimal slopes in area of proposed ADU and a grade of less than 1° .. 6. Site plan with location of driveway and parking areas attached. 7. Water supply wordage and explanation attached. 8. Water pump test with new wordage attached . . 9. Water test is on order and should be delivered this week. We would ask for waiver on the timing of the complete test results. Colorado Deluxe Test Results attached. Alpha Beta test results expected week of May 1 ''. 10. Waste water plan for the ADU would be a separate septic system which is identified on the site map attached. 11. Utilities ability to serve; email from Holy Cross attached 12. Traffic Study Waiver Request-attached 13. Grading and Drainage Plan Waiver Request-attached. 11111111,..1;~/i'l"~l\llj, 1111!, J:.J»~ .itlll".1~'81!1 ll~i~l'~lll.1•), 11111111 Receptlon#: 859984 ' 03/04/2015 11:29:55 ~M Jean Alberico 1 of 2 Rec Fee:$16.00 Doc Fee:0.00 GARFIELD COUNTY CO BARGAIN AND SALE DEED Glen Sloop and Leslie Gaylord Lewis, Grantors, for consideration of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, hereby sell and convey to Glen A. Sloop and Leslie G. Lewis, Grantees, as tenants in common, whose legal address is 1802 County Road 102, Carbondale, CO 81623, the following real property in the County of Garfield, State of Colorado, to-wit: Lot 1 of 1he Sloop Subdivision Exemption Plat, Garfield County, recorded as Reception No. 803929 on June 14, 2011, in the records of the Garfield County Clerk and Recorder, more particularly described as follows: A PARCEL OF LAND SITUATED JN THE NE1/,NE'4 OF SECTION 29, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH P .• l!., BEING MORE· PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NE'/,NE'f(; THENC!t S00"11'46"E 276.18 FEET; THENCI!.' S85'83'27"W 219.90 FEET; THENCE SOO'OO'OO"W 1024.08 FEET; THENCE S88'51'45"W 1120.04 FEET TO THE SOUTHWEST CORNER OF SAID NE'/;NE'I;: THENCE NOO'Ot'48"E 1323.84 FEET TO THE NORTHWEST CORNER OF SAID NE'/,NE'!.,; THENCE N89"19'48"E 1337.51 FEET TO THE POINT OJI BEGINNING. Also known by street and number as: 1802 County Road 102, Carbondale, CO 81623; and Assessor's Parcel No. 2391-291-06-001; with all its appurtenances, and subject to any and all easements, terms, conditions and covenants of record. NO DOCUMENTARY FEE REQUIRED: Transfer for estate planning purposes with consideration less than $500.00. Signed this 3rd day of March, 2015. 0\"'''''"'""'''''·"'~0-!0tl""°' After recording return ta: Kmt & 5rra1Jmian P.C. 823 D!ake Ave., Ste. 202, Glenwood Springs, CO 816Cl1 1111 w,11J~:~11~J.rili,r.\l',!'1101r."" >'J 1\~11~tr1:1.w..11. 11111111 ReceptionU: 859984 03/04/2015 11:29:55 AM Jean Alberico 2 of 2 Rec Fee:$16.00 Doc Fee:0.00 G~RFl~LD COUNTY CO STATE OF COLORADO ) ) ss: COUNTY OF GARFIELD ) The foregoing Bargain and Sale deed was acknowledged before me this 3rd day of March, 2015, by Glen Sloop and Leslie Gaylord Lewis. WITNESS my hand and official seal. ASHLEIGH O'LEARY NOTARY PUBLIC STATE OF COLORADO NOTARY ID# 20094042058 MY COMMISSION E.XP~RES DECEMBER 22. 2017 After rcrordil'lg rttum 10: Ken1 & Strautm~11 P.C. 923 ll!ab Av,., St'". 202, Glenwood Spring(. CO 81601 REAL PROPERTY TAX NOTICE ACCOUNT# R082842 PARCEL# 239129106002 TAX DISTRICT: 011 2015 TAXES DUE IN 2016 l'AX ,\\ffi!0Fi1Pi:;c: .... ·• Mlti.tEl/Y• ·•···· 111i1i'.Lli:VYciteofr· •HAift.Mot'.JNtC GARFIELD COUNTY 10.90500 0.00000 GARFIELD COUNTY -R&B 1 • 50000 0.00000 GARFIELD COUNTY -OHS 1 .25000 0.00000 CARBONDALE & RURAL FIRE 9.51600 0.00000 BASALT WATER CONSER 0.03900 0.00000 COLO RIVER WATER CONS 0.24300 0.01100 SCHOOL DISTRICT RE-1 46.30000 0.00000 COLORADO MTN COLLEGE 3.99700 0.00000 GARFIELD COUNTY PUB LIB 1 .00000 0.00000 TOTAL NET LEVY-> 74.75000 LATE FILING FEE/ADMIN FEE SPECIAL ASSESSMENT SENIOR/VETERAN EXEMPTION GRAND TOTAL SB 25 -in absence of State Legislative Fundina, vour School General Mill Levv would have been 48.6700 .... ' .. ·., ·.·.· • · f'ROPERJ"i' DESCRIPTIOlll (MAY BEAeBREVIATEO)': • Section: 29 Township: 7 Range: 87 Subdivision: SLOOP SUBDIVISION EXEMPTION Lot: 2 . c R082842 SLOOP, GLEN A & LEWIS, LESLIE G 1802 COUNTY ROAD 102 CARBONDALE, CO 81623 Retuin.1ltls CQUprif'! __ v!ijthj:iaynle{ltto:_---_, GARFIELD _CO\Jf'l"YTRE.l\SURER··· P.O. li!OX1.o69. . • • < .. . .. ·. • GLENWOOD SPRINGS •co 81602-1009 2015 TAXES DUE IN 2016 IS YOUR ADDRESS CORRECT? (MAKE CHANGES BELOW) $217 .23 $29.88 $24.90 $1B9.56 $0.7B $4.B4 $922. 31 $79.62 $19.92 $1 ,489.04 $0.00 $0.00 $595.00 $894.04 ····.··~- New Address~~~~~~~~~~~~~~~~~~~~~~~ City PROPERTY OWNER OF RECORD State 040929 R082842 SLOOP, GLEN A & LEWIS, LESLIE G 1802 COUNTY ROAD 102 CARBONDALE, CO 81623 Zip 20932 .. . · ·. • .. • ·11.cttiAi/ > ····•\•A5Sesseo:•. '.VALUATION • NET TOTAL $137,950 $11,960 ··•·<··'/;;•;;;-<•• • . ........ ··./'i: ··>·•··· PROPERTY TAX EXEMPTIONS (CRS 39-3-203) A property lax exemption is available to senior citizens, surviving spouses of senior citizens, and disabled veterans. Senior Ex.emotion For an application, please contact the Gatiield County Assessor's Office at 970-945-9134 or assessor@garfield-counni:.com. Disabled Veteran Exemption Application forms are available from the Colorado Division of Veterans Affairs at vets.dmva.state.co.us or by calling 303-284-6077. PROPERTY TAX DEFERRALS (CRS 39-3.5-102) Seniors and Active Military For an appllcalion, please contact the Garfield County Treasurer's Office at 970-945-6382. · :c.·.·. .• DO YOU OWE OELU>!QU~Nl' "f"Axes?. -'. . --, -~· . No .,··•·•·.;•PAYMENl'···.·•··•· •· ' DtlEDA'l'E ··.· ·:.··:·:.AMOUNT . FIRST HALF FEB 29, 2016 $447.02 SECOND HALF JUNE 15, 2016 $447.02 FULL PAYMENT APRIL30. 2016 $894.04 THIS IS THE ONLY NOTICE THAT YOU WILL RECEIVE! Make Checks Payable To: GARFIELD COUNTY TREASURER ACCoUNt NUMBER R082842 SECOND HALF DUE BY JUNE 15. 2016 $447.02 0000000180828428 00000447029 000008940481 RETAIN TOP PORTION FOR YOUR RECORDS Garfield County Land Explorer Parcel Physical Address Owner Account Maiffng Address Num 239121301001 1253 KINGS ROW AVE BOYD. JODIE & GREGORY A & MISUNAS, BEVERLY ROl 1381 1253 KINGS ROW AVENUE CARBONDALE CO 81623 CARBONDALE N 239121301051 CARBONDALE ~ -::)~ KINGS ROW HOMEOWNERS ASSOC vtitttq eo:lcivl fl" ROl 1081 PO BOX 202 CARBONDALE CO 81623-0202 239128200115 1980 I 02 COUN!Y RD CARBONDALE PICCINATI. JOHN W TRUST & PICCINATI. KEM TRUST ,ROl 1581 1980 COUNTY ROAD 102 CARBONDALE CO 81623- 9626 23912B201047 1144 KINGS ROW AVE PETERSON, BRYN & JENNIFER R011237 1144 KINGS ROW STREET CARBONDALE CO 81623 CARBONDALE 23912820104B 1164 KINGS ROW AVE SAHNOW, ADAM & TARA R011394 1164 KINGS ROW AVENUE CARBONDALE CO 81623 CARBONDALE 239128201049 1228 KINGS ROW AVE WHEELER. KIPPERT R ROl 1506 1228 KINGS ROW CARBONDALE CO 81623 CARBONDALE 239128201052 CARBONDALE ~~ ~~~INGS ROW HOMEOWNERS ASSOC: ' R011083 PO BOX 202 CARBONDALE CO 81623-0202 239129100133 CARBONDALE DUELL. CAROLINE W Rll 1459 0064 NIGHTHAWK WOOD CARBONDALE CO 81623- 9626 239129100134 64 NIGHTHAWK WOOD DUELL. CAROLINE WOOD Rl 11460 0064 NIGHTHAWK WOOD CARBONDALE CO 81623· CARBONDALE 9626 239129106001 CARBONDALE SLOOP. GLEN A & LEWIS. LESLIE G R082841 1802 COUNTY ROAD 102 CARBONDALE CO 81623 239129106002 CARBONDALE SLOOP. GLEN A & LEWIS, LESLIE G R082842 1802 COUNTY ROAD 102 CARBONDALE CO B1623 \ Garfield County Community Development Department 108 8'" Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com D Major Impact Review D Amendments to an Approved LUCP DUR OMIR D SUP D Minor Temporary Housing Facility D Vacation of a County Road/Public ROW D Location and Extent Review D Comprehensive Plan Amendmen Development in 100-Year Floodplain Development in 100-Year Floodplain Variance Code Text Amendment Rezoning D Zone DistrictO PUD D PUD Amendment D Administrative Interpretation D Appeal of Administrative Interpretation D Areas and Activities of State Interest D Accommodation Pursuant to Fair Housing Act . D Pipeline Development D Variance D Time Extension (also check type of original application) owner/Applicant Name: Greo6loc:?f? I Le6tt6 ( eu )t-6 Phone: (CJ7C)) 9b3 3<0~3 I MailingAddress: (BQ2. cg l02 City: Corbc:::W'date State: CO Zip Code: 81~2..3 E,mail: 6c::>(Y\e'chL-j @ ..Gcf>eJ.6 oe:t Representative (Authorization Required) Name: ____________________ Phone:(, __________ _ Mailing Address: ___________________________ _ City: ________________ State: ___ Zip Code: _______ _ E-mail: _______________________________ _ Project Name: " Assessor'sParcelNumber: 2 ~-9-_J_-2-9__1__-06 -00 2. "5l<X?P,) LerR-2ib ADC.J Physical/StreetAddress: (802. cg 102 Cor/cx:xtcfole. Co . I Legal Description: 6ec:hoo 29 JZxnA6h(!p.' 7 f>orqe 87 6o I 16 !0(); Loi- Existing Use: _______________________________ _ Proposed Use (From Use Table 3-403): ----------------------- Description of Project: ---------------------------- det"rx',11\ed 3 ca.c qon::+ge C.g;J~ ADC> Sub.(l'liJsion Requirements )!l, The Applicant requesting a Waiver of Submission Requirements per Section 4-202. list: Section: 7-IOH L0o+eR Q .Y.l~ Te6~1:iii ... ~M~l~i'C(=i---.----.---- Section: 7-tlCT l'f'aEl'ic .. ~ Section: 7-LbL{ -6CQd 11'\;.:i ... f)fC!lll'OC{':::.1 Waiver of Standards 0 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. d~J/~4 Signature of Property Owner File Number: ____ -___ _ r I Date Fee Paid:$ ___________ _ ROAD 102 ~ ::.t- <lc:::: &:. + '::.,_. q;; 3 IU > ~ R 11 x ) BASIS OF BEARING ySqO~f1!~fJ'',fJ y····y··· [-\ .A. ,..\ )\ _/\. ____ /f / \: ; --X-----A x x "~ x-------x-__,__ -~ 11 ;--,_7 \\ I Water Supply Plan: Our home on Lot 2 has been serviced by Well permit 88276 since 1977. Well permit 88276 is a sufficient legal and physical source of water. The previous owner (Lydia Taverna) was approved around 1997 to add an ADU and a 5 stall barn with a bathroom to be also serviced by Well permit 88276. This added two additional bathrooms to Well Permit 88276. I have spoken to Dwight Whitehead of Division 5 water and explained to him that we would be removing the barn and barn ADU from Well Permit 88276 and moving them over to Well Permit 228016 which is a more logical step since the barn and barn ADU reside on Lot 1. The well that currently serves the 35 acre (Lot 1) has a permit to serve three single family dwellings. This would allow us to add this requested ADU to well permit 88276 and reduce the bathrooms by one. Dwight Whitehead did not see a problem in adding our garage and ADU to well permit 88276 as it would still be considered a domestic use. J & M Pump Inc. ' 8611 County Road 117 Glenwood Springs CO 81601 Phone: 970-945-6159 DATE: March 15, 2016 TO: Glen Sloop & Gay Lewis 1802 CR 102 Carbondale, CO 81623 RE: Well Tests Attn: Glen, Cell: 970-948-6159 Fax: 970-945-6159 Well Test J & M Pump Inc. performed a four hour well test at 1802 CR 102 on the original well drilled for this property. The following results were obtained: Well Depth: Water Level: Drawdown To: Sustained Yield Clarity: Recovery: Sample: Comments: 235' 191'4" measured from top of casing 205' l" measured from top of casing 14.5 GPM via totalizing flow meter Clear 95% within 12 minutes Bacteria sent to MCHD Lab Test results indicate the well production is more than Adequate to serve two dwellings If you have any questions, please call Rick, 945-6159 J & M Pump Inc. Richard A Holub Lie. No 1196 John W. Hickenlooper, Governor Dr. Larry Wolk, Executive Director STATE OF COLORADO Dedicated to protecting and improving the health and environment of the people of Colorado Laboratory Services Division 8100 Lowrv Boulevard Denver, CO 80230 PO Box 17123 Denver, CO 80217 303-692-3090 www.cdphe.state.co.us/lr c;;{~rado Deparunent of Public Health and Environment Laboratory Results For Sample Number: ENV-2016003516-· Site ID/PWSID Site LESLIE LEWIS Address 1802 COUNTY RD 102 CARBONDALE co 81623 Site Description INTERIOR RESIDENCE KITCHEN Customer ID 00018632 Customer Lewis Leslie 1802 CR 102 Carbondale Co 81623 Contact Lewis Leslie Phone 970-963-3653 Fax Email gaylord.lewis@gmail.com Collected By LL Collected 0313012016 10:36:00 Received 0313112016 12:32:00 Reported 0510312016 00:00:00 Bottles 1 CUBE, 1 L NEUT, 1 250NUT, 1 250M, 1 BACT Matrix Drinking Water Field Fluoride Residual Chlorine Temperature at Receipt 14.1 lf<ist Na.me Deluxe Colorado Package• Arsenic, Total [Result_ n==]Units [iMCl..-]MRL. i[Method Name]Date AIJ'11yziiCl]IQuaiifie'1! ~---~~--~· 0.0015 mg/L 0.01 0.001 EPA200.8 04/0112016 00:00:00 Cadmium, Total <0.001 mg/L 0.005 0.001 EPA200.8 04/0112016 00:00:00 Calcium (Carbonate) 140 mg/L No limit 0.01 EPA200.7 04105/2016 establishe 00:00:00 Copper, Total 0.19 mg/L 1.3 0.004 EPA 200.7 0410512016 00:00:00 Iron, Total 0.004 mg IL [0.3] 0.003 EPA 200.7 0410512016 00:00:00 Lead, Total <0.001 mg IL 0.015 0.001 EPA 200.8 0410112016 00:00:00 / Magnesium, Total 23 mg IL No limit 0.02 EPA200.7 0410512016 establishe 00:00:00 Manganese, Total <0.002 mglL [0.05] 0.002 EPA200.7 0410512016 00:00:00 Sodium, Total 14 mg/L No limit 0.1 EPA 200.7 0410512016 establishe 00:00:00 Uranium, Total 0.0058 mg IL 0.03 0.001 EPA 200.B 0410112016 00:00:00 Zinc, Total 0.082 mg IL [5] 0.01 EPA 200.7 0410512016 00:00:00 Hardness Total 230 mglL No limit 1 Calculation 0410512016 establishe 00:00:00 Nitrogen, Nitrate/Nitrite 2.5 mglL 10 0.05 EPA 353.2 0410812016 00:00:00 MRL -Minimum Reporting Limit. MCL -Maximum Contaminant Limit per EPA regulations. BDL -Below Detection Limit. H -Holding Time exceeded. Q -Quality Control limit exceeded. NT -No Test. Units: mg!L -milligrams per liter (ppm), ug!L -micrograms per liter (ppb), pCi -picoCuries LSD Internet Address: coloradostatelab.us John W. Hickenloooer, Governor Dr. Larry Wolk, Executive Director STATE OF COLORADO Dedicated to protecting and improving the health and environment of the people of Colorado Laboratory Services Division 8100 Lowrv Boulevard Denver. CO 80230 PO Box 17123 Denver, CO 80217 303-692-3090 www.cdphe.state.eo.us/lr Colorado Department of Public Health and Environment Laboratory Results For Sample Number: ENV-2016003516-1 !fest illllme jRes~~~---· j[Uniis [!McL-]MRL lllVieiiioilH~foiii(;Jl@e Anal}'zed J[QIJantier JI Alkalinity, Total 240 mg/L NA 5 SM 2320B 04/04/2016 00:00:00 Alkalinity, Phenolphthalein < 5 mg/L no limit 5 SM 2320B 04/04/2016 establish• 00:00:00 pH 8.1 [6.5-8.5] NA SM 4500·H+-B 04/04/2016 00:00:00 Solids, Dissolved 310 mg/L 500 10 EPA 160.1 04/05/2016 00:00:00 Conductivity 510 uS/cm No Limit 0.5 SM 2510 B 04/08/2016 EstablishE 00:00:00 Chloride 4.3 mg/L [250] 0.4 EPA 300.0 04/07/2016 00:00:00 Fluoride 0.48 mg/L 4.0 0.05 EPA 300.0 04/05/2016 00:00:00 Sulfate 22 mg/L [250] 0.4 EPA 300.0 04/07/2016 00:00:00 Corrosivity-Langlier 0.51 [-0.5 to NA Calculation 04/13/2016 0.5] 00:00:00 Sodium Adsorption Ratio 0.40 mg/L NA NA Calculation 04/13/2016 00:00:00 Test Group-Total Coliform ug/L PA** Escherichia coli PA E.coli NOT ug/L SM 9223 B.2.b. 03/31/2016 DETECTED 00:00:00 Total coliforms PA Coliform ug/L SM 9223 B.2.b. 03/31/2016 ABSENT or less 00:00:00 than one ( <1 ), indicates a microbiologically safe sample Gross Alpha/Beta Package (Water)* Gross Alpha <3 pCi/L 15 3 EPA 900.0 04/22/2016 00:00:00 Gross Beta 5 +/-3 pCi/L 50 3 EPA 900.0 04/22/2016 00:00:00 Comments: HUMAN HEAL TH Arsenic, Cadmium, Copper, Lead, Uranium, Fluoride, Nitrate/Nitrite concentrations are below EPA health-based standards. Iron, Manganese, Zinc, pH, Solids-Dissolved, Sulfate and Chloride levels meet EPA aesthetic-based standards. Hardness MRL -Minimum Reporting Limit. MCL -Maximum Contaminant Limit per EPA regulations. BDL -Below Detection Limit. H -Holding Time exceeded. Q -Quality Control limit exceeded. NT -No Test. Units: mg!L -milligrams per liter (ppm), ug/L -micrograms per liter (ppb), pCi -picoCuries LSD Internet A\ldress: coloradostatelab.us H John W. Hickenlooper, Governor Dr. Larry Wolk, Executive Director STATE OF COLORADO Dedicated to protecting and improving the health and envlronment of the people of Colorado laboratory Services Division 8100 Lowrv Boulevard Denver. CO 80230 PO Box 17123 Denver, CO 80217 303-692-3090 www.cdphe.state.eo.us/lr Laboratory Results For Sample Number: ENV-2016003516-• 230 > 80 mg/L. Colorado Department of Public Health and Environment The water is hard and may cause scaly residues and soap scum, and decrease the cleaning action of soaps and detergents. Based on these results, the water is safe for human consumption. CORROSIVITY The Corrosivity Index is 0.51, which indicates that the water is scale-forming and may cause scale build-up. IRRIGATION The sodium adsorption radio (sodicity) is 0.40. The conductivity (salinity) is 510 us. The sodium and chloride concentrations (toxicity) are 14 mg/L (recommended level <46mg/L) and 4.3 mg/L (recommended level < 140 mg/L), respectively. The alkalinity is 240 mg/L (recommended level <92 mg/L). Based on the measured sodicity, salinity, toxicity and alkalinity the water is considered a slight to moderate irrigation risk and may have detrimental effects on sensitive crops such fruit trees, clover, radishes, celery and green beans. Less sensitive crops such as tomatoes, broccoli, cabbage, peppers, cauliflower, lettuce, sweet corn, potatoes, carrots, onions, peas, squash and cucumbers may also be affected. Registry Comments: MRL -Minimum Reporting Limit. MCL -Maximum Contaminant Limit per EPA regulations. BDL -Below Detection Limit. H -Holding Time exceeded. Q -Qualfty Control limff exceeded. NT -No Test. Units: mg!L -milligrams per liter (ppm), ug/L -micrograms per liter (ppb), pCi -picoCuries LSD Internet Address: coloradostatelab.us TO WHOM IT MAY CONCERN: I have visited and inspected the electrical service provided to Someday Ranch, property of Glen Sloop and Leslie Lewis. There is a transformer located adjacent to their property which provides more than adequate electrical service to their Lots 2 and Lot 1 and any future development. Signed: Rodney Sherman, Foreman Holy Cross Energy 3799 Highway 82 Glenwood Springs, CO 81602 (970) 945-5491 Waiver for Traffic Study- Section 7-107 Adequate Access: Lot 2 has legal and adequate access to County Road 102 in compliance with the requirements of the Land Use Code set forth in Section 7-108 of Article VII Standards. This property is located adjacent to and has direct access to County Road 102. County Road 102 is an east-west, paved, two lane roadway that runs along the eastern boundary of the property. The Applicant does not anticipate any significant effect on traffic patterns from the construction of a garage and ADU. The estimated volume of traffic, either from construction or from the completed ADU will be negligent in nature compared to overall county road traffic. We ask for a waiver from a traffic study as no impact of County Road 102 is expected and the daily traffic flow is only 583 vehicles a day per County Records 11111111 ~'1l".i. l'"1PiU,',r-\l~~~,l'I!~ W!r&"~(l~Wa11t ~1~ ~11& 11111 Reception~: 810276 11/03/2011 02:48:52 PM Jean Rlberico 1 of 5 Rec Fee:$31.00 Doc Fee:0.00 GRRFIELD COUNTY CO DECLARATION OF COVENANTS AND ROAD-SHARING AGREEMENT THIS DECLARATION OF COVENANTS and ROAD-SHARING AGREEMENT is made this 6 day of J121Je; , 2011, by Glen A. Sloop/Leslie G. Lewis (hereinafter referred to as "Declarant"), owner of the real property described below which property is located in Garfield County, Colorado: RECITALS WHEREAS, Declarant is the sole owner of certain property to be known as the Sloop/Lewis Subdivision Exemption, located in Garfield County, Colorado, and which is more particularly depicted in Exhibit A, attached hereto and incorporated herein by this reference, consisting of approximately 40.57 acres (hereinafter referred to as the "Property"); and WHEREAS, Declarant intends to divide the Property into two lots, identified as Lot 1 and Lot 2, as approximately depicted on the proposed plat map attached as Exhibit A;and WHEREAS, Declarant intends that Lot 1 and Lot 2 will share a common Access Road from Garfield County Road 102 as depi.ct.·ed on i1f1ibit A attached hereto and-as- desGJ.:i:aeeH111'!Xhib~edi~ anu~ WHEREAS, Declarant further intend~fat Lot 1 and Lot 2 may also use this same common Access Road to provide access for Emergency and Fire Services vehicles to either Lot and to provide for the installation of any future utilities services to either or both of the lots; and WHEREAS, Declarant desires to establish the relative rights and obligations of the owners of Lot 1 and Lot 2 concerning the shared use of the common Access Road and to create easements for the existence, operation, repair and replacement of the same, and for .fufure installation, operation, maintenance and repair of utilities with the same; NOW THEREFORE, Declarant hereby declares that the Lot 1 and Lot 2 shall be held, sold and conveyed subject to the following restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of the Property, and which shall run with the Lot 1 and Lot 2 and be binding upon all parties having any right, title or interest in either of those Lots, or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof . . 1. Grant of Easement for Access Road. The owner of Lot 1 shall have a perpefual non-exclusive easement forty feet in width, and depicted in Exhibit A, over and across an existing un-paved road on Lot 2 for ingress and egress between County Road 102 and Lot 1 ("Access Road"). The Access Road shall exist within the easement therefore and shall extend from the point at which it intersects County Road 102 to the point at which it intersects the ~~0~;t !'~~J~\~~~f,ri'!. IWri:ll\~~~~ !ft~~~ 11111 11 /03/2011 02: 48: 5120P0MD JeaFneR0lbe00r ig~RFIELD COUNTY CO--._ ____ -...... __ 2 of 5 Rec Fee: $3 . oc e . · _ western boundary of Lot 2. To the extent that such road extends east of the point on Exhibit A labeled Lot 1, it shall thereafter be solely owned by the owner of Lot 1 and its improvement, maintenance, repair shall be the sole responsibility of the owner of Lot 1 and its use may be restricted as determined solely by the owner of Lot 1. 2. Shared Responsibility for Maintenance and Costs of Access Road. 3. Responsibility for improvement, maintenance and repair of the Access Road shall be shared mutually by the owners of Lot 1 and Lot 2 as set forth below: a. The owners of Lot 1 and Lot 2 shall share all costs for improvement, maintenance, and repair of the Access Road equally. b. Before any such work is commenced, the owners of Lot 1 and Lot 2 shall agree upon plans and specifications for such work and the individual or entity that will perform the work. The owners of Lot 1 and Lot 2 may also agree upon a maximum cost for such work. The parties may agree upon an alternative distribution of costs, but any such agreement shall be unenforceable unless it is in writing signed by the owners of Lot 1 and 2. c. In the event that the owners of Lot 1 and Lot 2 are unable to agree upon the elements set forth in subparagraph a. above, either individual owner may undertake improvements to the Access Road and shall be solely responsible for the costs thereof, except that neither owner may cause the road to be paved without the written consent of the other. d. No lot owner shall be obligated to contribute toward road improvement, maintenance or repair until such time as that Lot owner commences the construction of a residence on his or her Lot. At such time, however, such Lot owner shall be responsible for reimbursing the other Lot owner for one half of all documented costs of improvements, maintenance and repairs as the owner may have previously incurred. Grant of Easement for Utilities. The owner of Lot 1 shall also have a perpetual non-exclusive easement forty feet in width over and across Lot 2 (as depicted on Exhibit A) for the purposes of installation, operation, use, maintenance, repair and replacement of any utilities. This easement may be used for this purpose so long as the utilities remain buried beneath the Access Road, so long as their construction and maintenance does not unreasonably interfere with the use of said Access Road by the owner of Lot 2 for an unreasonable amount of time, and so long as their installation and maintenance is undertaken in compliance with all applicable county, state and federal laws as may now exist or may in the future govern such construction. For the purposes of this easement, the term "utilities" shall be interpreted broadly, and shall non-exclusively include water, telephone, cable, electricity, internet, and other similar connections to services commonly defined as 1111 Wii"• l'l~1Pii\',',1'11Jt llv'A ri'd1'.l.Pl'l:~·~~Cl~1L l,/l ~1 1!. 11111 Receptiontt: 810276 11/03/2011 02:48:52 PM Jean Alberico 3 of 5 Rec Fee:$31.00 Doc Fee:0.00 GARFIELD COUNTY CO "utilities". Any Lot owner installing, maintaining or repairing utilities shall be solely responsible after the completion of said work for the reconstruction and restoration of the Access Road to substantially the same condition as before said work was performed. 4. Emergency Access Easement. A general easement is hereby granted to all police, sheriff, fire protection, ambulance, and other similar emergency agencies or persons to enter upon and use the Access Road in the proper functioning of their duties in their capacities for the benefit or either or both of Lot 1 and Lot 2. 5. Covenants to run. The covenants, conditions and restrictions contained herein shall run with Lot l and Lot 2 and shall bind the owners thereof, their successors and assigns. 6. Enforcement. This document may be enforced by either Lot owner or any governmental agency havingjnrisdiction over the matter, by an action for damages or for injunctive relief to restrain or mandate any action required by this document. Colorado law shall govern the interpretation of this document. Unless the parties to any dispute arising with regard to this document agree to an alternate form of dispute resolution, venue for any dispute arising with regard to this document shall be in the courts of Garfield County, Colorado. The prevailing party in any legal action to enforce this document shall be entitled to reasonable attorney's fees and costs. 7. Amendments. This document shall be recorded in the real estate records of Garfield County, Colorado. This document may be amended only by the unanimous written consent of the owners of Lot 1 and Lot 2. No amendment shall be effective until an instrument setting forth such amendment, signed by both Lot's owners, is recorded in the real estate records of Garfield County, Colorado. 8. Severability. Should a Court of competent jurisdiction declare any provision of this document invalid or unenforceable, such decision shall not affect that validity of any other provisions, which shall remain in full force and effect. DATED: ---~0=-th~b~-, 2011 I · 1111 Ml",1, l'"1P'i,',~,W.Nllt lwl'Wilr~~IWi. lfflij, m11& 11111 ~.'.ii {j \1 Reception#: 810276 . 11103/2011 02:48:52 PM Jean Alberico 4 of 5 Rec Fee:$31.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) ) SS. COUNTY OF GARFIELD ) The foregoing Declaration was subscribed and sworn to before me this Je_ day of ';f.i 1\JL , 2011, by Glen A. Sloop WITNESS my hand and official seal. My commission expires: 1 / .;;/. 'b / 1 i-\ ANnmJ, L TRAUL Notnr·,--Public State of C;olon:1do STATE OF COLORADO ) ) SS. COUNTY OF GARFIELD ) Tue foregoing Declaration was subscribed and sworn to before me this ~day Of 1 I 11Af , 2011, by Leslie G. Lewis. WITNESS my hand and official seal. My commission expires: /\f\lf';pfj\ i __ 'i"'f-iJ\\Jl l•JotL:r~/ i--· ,'iG Slate t1f C~oii..._,; ;;1do !1111 W.i. l'"1Pi§,',Wi ~~ illl~. lrllr:~'INft."1'8d~ 111~~11& 111111 Reception~: 810276 11/03/2011 02:48:52 PM Jean Alberico 5 of 5 Rec Fee:$31.00 Doc Fee:0.00 GARFIELD COUNTY CO ' ' 1,:1 ll~ 1!i ~I 1::11 I~ ra ,, ~ i~ EXHIBIT"A" 1 :;a 'I~°' ,·--·-·~ -. ---'1-: -I . ~. t "" ' . . ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' : . ·-·-·-·-·-. ... r ~ r r r _r 1 E~ ' ' r 1-,~.,-------~-~~""''-------+""''-+....\,'---1-.1.-.. : ~ I -i!i'ffi : a ~~a ---~:_,~; i""' ,.,..,..~ -•Jos1Sf¥ ~ ~:n:~ ............,,=:J"l:;}' ;~ S.:l'J""" •'' Section 7-204-Drainage and Erosion This lot has a gentle slope and grade as noted on the topography site map. Less than one acre of site disturbance is anticipated Site design will be laid out to provide positive drainage away from buildings. Since less than one acre of land will be disturbed, and a complete drainage and grading plan will be submitted with building permit application, we would request a waiver from the drainage and grading plan requirement.