HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com RECEIVED i 2, 2007 GARFIELD COUNTY BUILDING & PLANNING Special Use Permit GENERAL INFORMATION (To be completed by the applicant.) ➢ Street Address / General Location of Property: 7-1(' (c-4/ /0 009c /)d- /o (Qt/ez ciar r (A'- V649 D Legal Description: f cit cc I B T 7`/.e co S e-0--e-ke‘,cf %tet. D Existing Use & Size of Property in acres: 5 a ex es /re,/ ee,/ / t_.C/ D Description of Spegi Use Requested: qv ,r-;,.;_ ,,,-:_ % :�° ..�, A bet > Zone District: 4%2,) D Name of Property Owner (Applicant): A f1za- )sse cif b' '40 a -LL /( ?acl D Address: C g"610 2\-).L./:/Ck Telephone: 976 - 96j' (//7� ). City: C//). da—k_ State: C 0— Zip Code: 876-41-: FAX: 963.6(0'7 a • Name of Owner's Representative, if any (Attorney, Planner, etc): D Address: Telephone: D City: State: Zip Code: FAX: STAFF USE ONLY D Doc. No.: Date Submitted: TC Date: D Planner: Hearing Date: CUr7G1< 2(/ APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Please submit, narrative for ►, the nature and character of the Special Use requested. Submit plans an• o e - • information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction /with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all the subject property and public and p ' neFs-ad' cent to your property (which should be delineated). In addition, submi istist of all property own blic and private landowners and their addresses adjacent to or wit i e site. This information can be obtained from the Assessor's Office. We will also need the names (if applicable) of all mineral right owners of the subject property. (That information can be found in your title policy under Exceptions to Title). 6. Submit a copy o the deed a a legal description of the subject property. 7. If you are acting . _ .gent for the property owner, you must attach an acknowledgement fro i • - ...erty owner that you may act in his/her behalf. ubmit an statement that sp cifically responds to each of the following criteria from Section 5. i •f the Zoning Re. u - s: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; 9. Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This inc es such industrial uses [section 5.03.07 & 5.03.08], Accessory Dwelling Units ection 5.03.21], tility line/Utility Substations, etc. Specific sections of the Zoning Resolution w ' can be Ioc ed on the Garfield County web site at http://www.garfield-county.com/buildinq and planning/index.htm, or information can be obtained from this office 10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 11. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS (The following steps outline how the Special Use Permit Application review process works in Garfield County.) 1. Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. In addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Special Use. (If Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed special use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described in the paragraph above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. (Signature of.applicant/owner) Last Revised: 02/2006 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include an Agreement for Payment Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The complete fee schedule for subdivision and land use applications is attached. GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. TYPE OF PROCEDURE Vacating Public Roads & Rights -of -Way Sketch Plan Preliminary Plan Final Plat Amended Plat Exemption from the Definition of Subdivision (SB -35) Land Use Permits (Special Use/Conditional Use Permits) • Administrative/no public hearing ■ Board Public Hearing only • Planning Commission and Board review & hearing Zoning Amendments • Zone District map amendment • Zone District text amendment • Zone District map & text amendment • PUD Zone District & Text Amendment • PUD Zone District Text Amendment Board of Adjustment ■ Variance ■ Interpretation Planning Staff Hourly Rate • Planning Director • Senior Planner ■ Planning Technician • Secretary County Surveyor Review Fee (includes review of Amended Plats, Final Plats, Exemption Plats) Mylar Recording Fee Page 2 BASE FEE $400 $325 $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey $200 $100 $300 $250 $400 $525 $450 $300 $500 $500 $500 $250 $250 $50.50 $40.50 $33.75 $30 Determined by Surveyor$ $11 — r page $10 each additional page The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. 9. This fee structure shall be revised annually as part of the County budget hearing process. Page 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon 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, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT QYfr„t Signature Date: Print Name ( f-2la/n Mailing Address: Og-90 7'Q' /o Cert /'X da-00�?-- &, 10/2004 Page 4 d alt ✓ ump .Inc. 8611 Caguas), 117 Vet woad Spningo C(9 81601 344uue: 97C-945-6159 Cede; 97C-948-6159 gat: 97C-945.6759 Well Test DATE: November 6, 2006 TO: Ron Razzore 0890 Co Rd 102 Carbondale, CO. 81623 RE: Well Test Attn: Ron J & M Pump Inc performed a two hour well test at the location listed above. The following results were obtained: Well Depth: 200' Water Level: 128' Drawdown To: 128'4" Sustained Yield: 13 GPM Clarity: Clear Recovery: 100% within 2 minutes Sample: none If you have any questions, please call Rick, 945-6159 J & M P mp Inc. diAlSMS/ Richard A Holub Lic. No 1196 Thank Vasil ,o- M4iJA6 74 Application must be complete where applicable. Type or print in LACK INK. No rstrikes Or era unless initials COLORADO DIVISION OFlVATER RESOURCES 101 Columbine Bldg., 1845 Sherm9St., Dent • PERMIT APPLICATION FI Q 4.iB (xl A PERMIT TO USE GROUND'f (�C) A PERMIT TO CONSTRUCT A Vhf FOR: DC I A PERMIT TO INSTALL A PUMP IMP 1 1 REPLACEMENT FOR f10 ( )OTHER iNgtDi MIKVICRI an new as APPLICANT - mailing address c , NAME / it Atm /o) /L�J�/`y-k0/1 k0/1-��----/iCC%•---�111f��p /,�,, CITY V'lC` i-��C�,/�f%!� l7 �"' (State) F7�j C:.iJ�C�. 9y, (5tata) l (Zlp) �j- TELEPHONE NO /-G �'rr:/d /4'f/�_'-� v STREET (2) LOCATION OF PROPOSED WELL County �m (N� '' of the1/�S� w Section .:1-' Twp. 522, Rog. ear az 6 PM (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground water to be appropriated (acre-feet): Number of acres to be irrigated: Proposed total depth (feet!' /J5- Aquifer ground water is to be obtained from: /94154 L.--/ 4001i//%1/L) Owner's well designation / . W J GROUND WATER TO SE USED FOR: ( ) HOUSEHOLD USE ONLY . no irrigation (0) (>4.QOMESTIC (11 ( ) INDUSTRIAL (51 ( ) LIVESTOCK (2) ( 1 IRRIGATION (61 ( 1 COMMERCIAL (41 1 I MUNICIPAL (8) ( ) OTHER (91 (4) DRILLER Name fes' cC FJGJ��4L) c${ r/C v( Street aok /43— City r712/` O . o 6&t&'3 /,y (stat•) � -(tlp) Telephone No.9l�i'7 nIc No �• / FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No. J 94,73 Basin 4'3 Basin Dist CONDITIONS,_QF APPROVAL 5 This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. APPROVED FOR DOMESTIC USE, INCI,UDIAG TEE IRRIGATION OP NOT OVER ONE ACES OP NONE amens AHD LAWNS. APPLICATION APPROVED PERMIT NUMBER DATE ISSUED 1 0863 L JUL 131979 EXPIRATION D JUL 13 1981 Asae GI ER) 8Y r'j,L !IN• :' if' LO. "'31 COUNTY73 06/28/2007 12:29 FAX 1970945971-u; L AM<t k7rsnr.:r area on (5)roMF7h thee 1 acer wwii �beFused THE PROPOSED must be Indicated onwthe diagrL and am below. Use the CENTER SECTION (1 section, 640 acres) for the well location, -- 1 MILE, 6280 FEET - + + 1 1 1 1 1 1 1 1 TH SECTiC3N LINE al - $ 4 1 I 4- The scale of the diagram is 2 inches 1 mile Each small square represents 40 acres. (6) THE WELL MUST BE LOCATED BEL,QW by distances from section Ones. 7069 ft. from 077 sec, line _ ftfrom toroth Or south) tit) x.51. sec. line fast or west) LOT BLOCK FILING e SUBDIVISION 17) TRACT ON WHICH WELL WILL BE i.00ATEO -- „)1 c [� --` ——iTWneC: No, of acres <39t _` ' \ Will this be, the or11y 1—ualro t is trach -< _ _ _ (8) PROPOSED CASING PROGRAM Plei iiCaslr �`` 1 A4A in. from ( ft to ft in from ft to ft Perforated casing in from ft. to ft in from ft to -. ft WATER EQUIVALENTS TABLE IRouridtid Figured An acre-foot covers 1 acre of lend 1 foot deep 1 cubic foot per second (cfs) .. , 449 girllons per minute (ppm) A family of fi will require approximately 1 acre-foot Of water per year. 1 acre-foot ... 43,580 cubic feat . , . 326.900 gallons, 1,000 qpm clumped continuously for one day produces 4.42 acre-feet, (9) FOR REPLACEMENT WELLS giwedistance and direction from old well and plans for plugging It' (10) LAND ON WHICH GRQ(JNO WATER WILL BE U$,ED; Owner(s): " //f+'� 6.1 ----CD No.,,of / Legal description:` 471'Lr&X///, /7` r (11) 0 0 1"14:1" ; ti I. of the use of ground water: Household use • dnrnestic wells must iodE.`tste-type of dl n) system to be used. •' •- rte./ 1,1X 1 C 4' (12) SIHFR WATER RIGHTS used on this land, including wells. Type or r t Js�d for (p�rpase� Description of land on which used ,/ (13) THE APP TRUE RMAT)Q,N SET FORTH HEREON IS Use additional sheet• --f 'aper If more space is required. 1 vVr LV, LVV I iL L(l L /1(> 101 V.IY./J.V:I I.AI>0.1 Vl\l',,:I• WRJ-25.75 TYPE OR PRINT IN BLACK INK. COPY OF ACCEPTED STATEMENT MAILED ON REQUEST. LMIJ V V 4 v RECEIVED COLORADO DIVISION OF WATER RESOURCES ppR 1 i IWO 818 Centennial Bldg., 1313 Sherman St. i Denver, Colorado 80203 1 STATE OF COLORADO COUNTY OF Garfield 55. AFFIDAV !/ STATEMENT OF BENEFICIAL USE OF GROUND WATER X AMENDMENT OF EXISTING RECORD (Location Only) LATE REGISTRATION PERMIT NUMBER 108631 THE AFFIANT(S) JAMES CUSEO whose mailing c/o Musick, Williamson, . Schwartz, Cwnry address .s Leavenworth & Cope, P. C. SE of lin SW,_. v., souron 20 P. 0. Drawer 2030 City Glenwood }ir s,_CO 81601 Twp. _ 7 _ `�_ . Rog. 87 W 6th P M <sr.rst (7,r) IN ON SI - 1[ OP NJ LOCATION OF WELL Garfield being duly sworn upon oath, deposes and soys that he Okay) is (Ism) the owner(X) of the well described hereon; the well is located as described above, at distances of 1! 2_90 _ feet from the SOUth section line and 2, 160 feet from the west t VGPle !R sou",l section line; water from this welt was first applied to a beneficial vse for the purpose(s) described herein or. the Ir.s, o« w111? --�_ day of March , 19 gO .. ; the maximum sustained pumping rote of the well is 3'5 gallons per minute, the pumping rote cloimed hereby is 15 gallons per minute; the total depth of the well is _155 feet; the overage annual amount of water to be diverted is 1 acre-feet; for which claim is hereby made kr all domestic purposes, irrigation (1 a.cre) purpose(s); the legal description of the fond on which the water from this well is used is (see : Exhibit "A" attached hereto and incorporated herein by reference) of which acres are irrigated and which is illustrated on the map on the reverse side of this form; that this well was completed in compliance with the permit approved therefor; this statement of beneficial use of ground water is filed in compliance with law; he (tlye r).has flkox5 read the statements made hereon; knows the content thereof; and that the same ore true of his kt r) knowledge. MTUSICK WILLIAMSON, SCHWI,1'ETE REVERSE SIDE OF THIS FORM) Signdf�AVRTH & COPE P..C. �.hc� tc• ,lsarr�. Subscribed' and .sworn hyria K. Wilson, Agent to beforer.me•ori this • 27th cloy of March . 19 _$0 My/Commission expires; April 11, 1 8 . Fo, 1.1C ACCEPTED FOR FILING BY THE STAT'IGINEER OF COLORADO PURSUANT -TIO THE FOLLOWING CONDI IONS: FOR OFFICE U5E ONLY Coon Case No. Prior. _ Mo. Day _ Yr 5 oZ 3 Sec. - Y. 7. /.. Well Ilse D.sr. Basin Dal STATE E.NDINEER ;?Y vv. c.v. c.vv i ..c .. U rile 1. i u.yy;)y • Oa L.9KK1 uK1 L \ LJUU. EXHIBIT "A" REAL PROPERTY DESCRIPTION A parcel of land situated in the West Half of the Southeast Quarter (W+SE+) and the East Half of the Southwest Quarter (E -SW+) of Section Twenty (20), Township Seven (7) South, Range Eighty -Seven (87) West of the Sixth Principal Meridian (6th P.M.), County of Garfield, State of Colorado, said parcel of land is described as follows: Beginning at a point in a fence as constructed and in place whence the Southeast Corner of said Section 20 bears S.89°42'37" E. 2,298.28 feet; thence N.89°32'41" W. 1,704.22 feet along said fence; thence N.00°33'05" E. 23.76 feet; thence N.30°52'30" E. 295.04 feet; thence N.52°49"40" E. 296.18 feet; thence N.22 03'00" E. 161.00 feet; thence N.43°58'44" E. 153.18 feet; thence N.0[,°02'52" E. 83.11 feet; thence N.03°48'09" W. 90.77 feet; thence H.09 07'30" E. 123.63 feet; thence N..20°44'16" W. 61.38 feet; thence N.21°20'15" W. 74.08 feet; thence N..03°14'50" E. 144.14 feet, more or less to a point on the North Line of said E -SWI ; thence N.89°40'47" E. 162.28 feet along the North line of said E2SWI; thence North 28.05 feet; thence S.89°34'39" E. 1,008.53 feet along the Southerly fence line of a County road as constructed and in place; thence South 1,316.31 feet, to the point of beginning, containing 39.63 acres more or less. L vv. va.. ..vvI ,. vv .'n.. 1a.va YJf,ua 1L11RR 1 \zfr.r.t\ U U b Well drilled by Charles R. Coryell No.954 ic. No 954 Permanent Pump installed by Charles R. Coryell Meter Serial Na. J-790 February 28, 1980 Flow Meter Date Installed Owner of land on which water is being used James Cuseo THE LOCATION OF THE WELL MUST BE MOWN AND FOR LARGE CAPACITY IRRIGATION WELLS THE AREA ON WHICH THE WATER IS USED MUST BE SHADED OR CROSS -HATCHED ON THE DIAGRAM BELOW. This diagram represents nine (9) sections. Use the CENTER SQUARE (one section) to indicate the location of the well, if possible. NORTH T + -t- I + r — + -- A + f i — + -E---- - - — + 1 — + -- I + NORI H SECTION — + LIME — + ._ 1- — WEST SECT 1 - + -� — + — 1 + — 1 1 z1 r rdi w + -- tu 1 1 I + - X -- + - 1 + - 1 SOUTH SEC110N -F - LIFE + - 1 + -- 1 f -a 1 THE + . — 1 SCALE OF THE + — ► 1 DIAGRAM IS -+ — �`1Mile TWO INCHES Er + — -4 UALS ONE -MILE t" --- f , ± _ - WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 Foot deep. 1 cubic Foot per second (cfs) . . 449 gallons per minute (gpm). 1 acre-foot ... 43,560 cubic Feet , .. 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. 100 gpm pumped continuously for one year produces 160 acre-feet. (WHITE AND PINK COPY TO BE FILED WITH THE STATE ENG/' -EER PINK COPY WILL BE RETURNED TO OWNER) 2 a..-aa�na vIISuu:. Form PIB/ORT PROPERTY INFORMATION BINDER LTG Policy No. LTAQ250774 Our Order No. GW250774 Liability: $50,000.00 Fee: S500.00 Subject to the exclusions from coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Binder, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY a Corporation, herein called the Company, GUARANTEES BALCOMB & GREEN herein called the Assured, against loss, not exceeding the liability amount stated above, which the assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records as of November 09, 2006 at 5:00 P.M. 1. Title to said estate or interest at the date hereof is vested in: RONALD M. RAZZORE AND KATHA ROSSEHN 2. The estate or interest in the land hereinafter described or referred to covered by this Binder is: A Fee Simple Land Title Guarantee Company Representing Old Republic National Title Insurance Company title GO/ cool £L.UU rnn taiU04Ua1aa LARK 4nnblA LJUUtl Form PIB/ORT LTG Policy No. LTAQ250774 Our Order No. GW250774 3. The land referred to in this Binder is situated in the State of Colorado, County of GARFIELD described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION 4. The following documents affect the land: NOTE: THIS BINDER DOES NOT REFLECT THE STATUS OF TITLE TO WATER RIGITTS OR REPRESENTATION OF SAID RIGHTS, RECORDED OR NOT. NOTE: THIS BINDER IS NOT A REPORT OR REPRESENTATION AS TO MINERAL INTERESTS. AND SHOULD NOT BE USED, OR RELIED UPON. IN CONNECTION WMT TFIE NOTICE REQUIREMENTS THAT ARE SET FORTFI IN CRS 24-65.5-103. I. DEED OF TRUST DATED JULY 19, 1999 FROM RONALD M. RAZZORE AND KATHA ROSSEIN TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF ALPINE BANK TO SECURE THE SUM OF $160,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED AUGUST 12, 1999, IN BOOK 1145 AT PAGE 31, AND RERECORDED MARCH 23, 2000 IN BOOK 1178 AT PAGE 76. SUBORDINATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED OCTOBER 17, 2002, IN BOOK 1396 AT PAGE 629. 2. DEED OF TRUST DATED OCTOBER 07, 2002 FROM RONALD M. RAZZORE AND KATHA ROSSEIN TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF ALPINE Land Title Guarantee Company Representing Old Republic National Title Insurance Company UU/GO/GUU1 1G. JV rttA 1bIUb4UVin:f Lt1KK1 Uttn'l;l\ LJ 1U :i Form PIB/ORT LTG Policy No. LTAQ2 50774 Our Order No. GW250774 4. The following documents affect the land: (continued) BANK TO SECURE THE SUM OF $1,000,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED OCTOBER 17, 2002, IN BOOK /396 AT PAGE 614. SAID DEED OF TRUST WAS ASSIGNED TO THORNBURG MORTGAGE HOME LOANS, INC. IN ASSIGNMENT RECORDED OCTOBER 03, 2005, 1N BOOK 1732 AT PAGE 220. 3. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 22, 1907, IN BOOK 73 AT PAGE 2 AND RECORDED NOVEMBER 15, 1911 IN BOOK 71 AT PAGE 509 4. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 22, 1907, IN BOOK 73 AT PAGE 2, RECORDED NOVEMBER 15, 1911 IN BOOK 71 AT PAGE 509 AND RECORDED AUGUST 1, 1917 IN BOOK 92 AT PAGE 369 5. UNDIVIDED ONE-HALF INTEREST IN ALL OIL, GAS AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT RECORDED JANUARY 23, 1962 IN BOOK 338 AT PAGE 567 AND AT PAGE 568, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 6. TERMS, CONDITIONS AND PROVISIONS OF QUIT -CLAIM DEED RECORDED AUGUST 29, 1994 IN BOOK 913 AT PAGE 909. 7. TERMS, CONDITIONS, PROVISIONS AND RESTRICTIONS AS CONTAINED IN RELEASE AND SETTLEMENT AGREEMENT RECORDED SEPTEMBER 7, 1994 IN BOOK 914 AT PAGE 960. 8. TERMS, CONDITIONS AND PROVISIONS OF GARFIELD COUNTY RESOLUTION NO. 94-115 RECORDED OCTOBER 06, 1994 IN BOOK 918 AT PAGE 162. 9. POSSESSORY RIGHTS OUTSIDE THE FENCELINE AS SHOWN ON THE IMPROVEMENT LOCATION CERTIFICATE DATED DECEMBER 24, 1996, PREPARED BY HIGH COUNTRY ENGINEERING, INC. AS JOB NO. 96001.090, i.n,\,\ a va\ui.i, I�.f V � V Our Order No. GW250774 LTG Policy No. LTAQ250774 EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IAT THE W1/2SE1/4 AND THE E1/2SW1/4 OF SECTION 20, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OP COLORADO, SAID PARCEL OF LAND IS DESCRIBED AS FOLLOWS BEGINNING AT A POINT IN A FENCE AS CONSTRUCTED AND IN PLACE WHENCE THE SOUTHEAST CORNER OF SAID SECTION 20 BEARS: S. 89 DEGREES 42' 37" E. 2298.28 FEET; THENCE N. 89 DEGREES 32' 41" W. 1704.22 FEET ALONG SAID FENCE; THENCE N. 00 DEGREES 33' 05" E. 23.76 FEET; THENCE N. 30 DEGREES 52' 30" E. 295.04 FEET; "THENCE N. 52 DEGREES 49' 40" E. 296.18 FEET THENCE N. 22 DEGREES 03' 00" E. 161.00 FEET; THENCE N. 43 DEGREES 58' 44" E. 153.18 FEET; THENCE N. 04 DEGREES 02' 52" E. 83.11 FEET; THENCE N. 03 DEGREES 48' 09" W. 90.77 FEET; THENCE N. 09 DEGREES 07' 30" E. 123.63 FEET; THENCE N. 20 DEGREES 44' 16" W. 61.38 FEET; THENCE N. 21 DEGREES 20' 15" W. 74.08 FEET; THENCE N. 03 DEGREES 14' 50" E. 144.14 FEET MORE OR LESS TO A POINT ON THE NORTH LINE OF SAID E1/2SW1/4; THENCE N. 89 DEGREES 40' 47" E. 162.28 FEET ALONG THE NORTH LINE OF SAID E1/2SWI/4; THENCE NORTH 28.05 FEET; THENCE S. 89 DEGREES 34' 39" E. 1008.53 FEET ALONG THE SOUTHERLY FENCE LINE OF A COUNTY ROAD AS CONSTRUCTED AND IN PLACE; THENCE SOUTH 1316.31 FEET, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM: THE PROPERTY DESCRIBED IN QUIT -CLAIM DEED RECORDED AUGUST 29, 1994 IN BOOK 913 AT PAGE 909. COUNTY OF GARFIELD STATE OF COLORADO June 5, 2007 PO Box 2844 Glenwood Springs, CO 81602 Ph 970-618-5033 Fax 303-216-2796 Carbondale Custom Construction Attn: John Foulkrod PO Box 624 Carbondale, CO 81623 Project No. 1 332 Subsurface Investigation and Onsite Wastewater System Design, Proposed Residence 4 -Total Bedrooms Razzore Residence 0890 County Road 102 Garfield County, Colorado John, ALL SERVICE septic, LLC conducted a subsurface investigation and prepared an onsite wastewater system (OWS) design for the subject residence. The property is located in a rural residential area where OWS and wells are necessary. SITE CONDITIONS A main residence and a guesthouse are proposed. The OWS design will be based on 4 -total bedrooms. The residence will utilize the neighbors well, located 100+ feet from the proposed drain field. Vegetation consists of native grasses. The slope in the area of the proposed drain field is 10% to the southeast. SUBSURFACE The subsurface conditions were investigated by our firm on April 18th, 2007 by observing a soils profile pit and by digging three percolation holes, near the proposed drain field location as shown on Figure 1. Subsurface materials consisted of 3.5 feet of sandy clay, underlain by clayey, silty sand with scattered basalt boulders to 8 feet, the maximum depth explored. Groundwater or bedrock was not observed. Percolation rates ranged from 14 to 40 minutes per inch (MPI). The average percolation rate of 25 MPI will be used to design the OWS. DESIGN SPECIFICATIONS The OWS design is based on 4 -bedrooms and an average sewage load of 600 GPD. The installation must include a 1250 -gallon, two-compartment, precast concrete septic tank, with an effluent filter on I I Subsurface Investigation and OWS Design Project No. 1332 6/05/07 Page 2 the outlet. Tank alternatives may be considered. Four gravelless chamber trenches must be installed as indicated on plans provided. Four rows of 12 `Quick 4' chambers, for a total of 48 chambers, and 473 square feet (SF) of infiltrative area, is required. If standard chambers are preferred we should be notified. Serial distribution should be used to distribute effluent. A shallow installation is preferred due to the presence of rocks and boulders. If a boulder is encountered during construction, the boulder should be removed, and concrete sand should placed in void. The sand should be adequately compacted to minimize settling. Construction must be according to the county ISDS regulations, the septic permit provided by Garfield County Environmental Health Department, and this design. OPERATION INFORMATION AND MAINTENANCE The surface of the drain field should be seeded upon completion. Vegetation is an important factor in drain field performance. Erosion control should be practiced during and after construction of OWS. Geo -fabrics or plastics should not be used over the drain field. Livestock should not graze on the drain field. Plumbing fixtures should be checked to ensure that no additional water is being discharged to OWS. For Example, a running toilet or leaky faucet can discharge hundreds of gallons of water a day and harm a drain field. The homeowner should pump the septic tank every two years and clean the effluent filter as needed. Garbage disposal use should be minimized, and non -biodegradable materials should not be placed into the OWS. Grease should not be placed in household drains. Loading from a water softener should not be discharged into the OWS. No hazardous wastes should be directed into the OWS. Mechanical room drains should not discharge into the OWS. The OWS is engineered for domestic waste only. ADDITIONAL CONSTRUCTION NOTES If applicable, air release valves and weep holes should be installed to allow pumping systems to drain and minimize risk of -freezing. Extensions should be placed on all septic tank components to allow access to them from existing grade. Precast concrete tanks and distribution boxes should be used, unless plastic or fiberglass is required. Access to all tank compartments and distribution devices is optimal. INSTALLATION OBSERVATIONS ALL SERVICE septic, LLC, and the county must view the OWS during construction. The OWS observation should be performed before backfill, after placement of chambers and distribution pipes. Septic tanks, distribution devices, pumps, dosing siphons, and other plumbing, as applicable, must also be observed. ALL SERVICE septic, LLC should be notified 48 hours in advance to observe the installation, LIMITS: The design is based on information submitted. If soil conditions encountered are different from conditions described in report, ALL SERVICE septic, LLC should be notified. All OWS construction must be according to the county regulations. Requirements not specified in this report must follow county regulations. The installer should have documented and demonstrated knowledge of the requirements and regulations of the county in which they are working. Please call with questions. ALL SERVICE septic, LLC Timothy R. Petz 3 copies Reviewed Richard H. Subsurface Investigation and OWS Design Project No. 1332 6/05/07 Page 3 SI , PLAN AND LOCATION OF PERCOLATION HOLES COUNTY ROAD 102 5 11,892 Sq Ft 0.27 Ac. zj- P-3 PROPOSED RESIDENCE 4 TOTAL BEDROOMS SCALE 1" = 100' NORTH o P-2 PROFILE Lot Li...7er 0890 COUNTY ROAD.102 GARFIELD COUNTY, COLORADO ALL SERVICE SEPTIC, LLC 970-618-5033 PRO. NO. 1352 FIGURE I 0890 COUNTY ROAD 102 RAZZORE RESIDENCE • ► r MI • •:_!• Jo. PROPOSED OWS 4" SCHED 40 PVC SEWER PIPE \ 4" SDR 35 EFFLUENT PIPE SCALE 1"=40' NORTH PROPOSED RESIDENCE 4 TQTAL BEDROOMS OBSERVATION PIPES CLEANOUT 10' SETBACK ITO PROPERTY 1 LINES. LL1 00 ;t- zr 1250 -GALLON, TWO-COMPARTMENT PRECAST CONCRETE SEPTIC TANK WITH EFFLUENT FILTER ON THE OUTLET. SERIAL OVERFLOW LINES FOUR GRAVELLESS CHAMBERS TRENCHES WITH 12 'QUICK -4' CHAMBERS PER TRENCH. TOTAL NUMBER OF CHAMBERS = 48 DRAIN FIELD MUST BE 100 FEET FROM ALL WELLS THE LOCATION OF EXISTING AND PROPOSED IMPROVEMENTS SHOWN ARE NOT THE RESULT OF A PROPERTY SURVEY. THE LOCATIONS ARE APPROXIMATE. IT IS THE HOMEOWNERS DUTY TO ENSURE ALL CONSTRUCTION AND IMPROVEMENTS LOCATIONS ARE ACCURATE. ALL SETBACK DISTANCES SHOULD BE CONFIRMED PRIOR TO EXCAVATION. ALL SERVICE SEPTIC, LLC 970-618-5033 PRO. NO. 1332 FIGURE 2 DESIGN 4 -BEDROOM RESIDENCE LOADING = q = 600 GALLONS PER DAY PERCOLATION RATE = t = 25 MINUTES PER INCH (MPI) CALCULATED AREA = ((1.5 X q X sqrt t) 15) = 900 SF PROPOSED AREA = 900 SF X 50% REDUCTION = 450 SF TRENCH SPECIFICATIONS WIDTH OF TRENCHES = 3 FEET = 1 CHAMBERS LENGTH OF 'QUICK -4' TRENCHES = 48 FEET = 12 CHAMBERS TOTAL NUMBER OF 'QUICK -4' CHAMBERS = 48 TOTAL INFILTRATIVE AREA = 473 SF FOUR TOTAL TRENCHES DRAIN FIELD CROSS SECTION - TYP. T 3.5' MA l 4" PVC OBERVATION PIPE GRAVELLESS CHAMBER (4' x 3') LIMIT OF EXCAVATION - -6' MINS/�/ SCARIFY SURFACE 2.0' MIN FINISHED GRADE SEVER LDE - 4' SCHEDULE 40 P.VC. SLIP-ON PVC CAP DO NAT GLUE EFFLUENT LINE -4' SCHEDULE 40 OR 4' SDR P.V.C. INSULATED COPPER TRACER WIRE MAT DE INSTALLED TO LOCATE LINE IN FUTURE / SWEEP / 2 WAY CLEANOUT DETAILS (N.T.S) TYPICAL INFILTRATOR(R) OUICK4(TM) CUT SHEET y Nur 52' 48' (EFFECTIVE LENGTH) INLET AND OULET PIPES TO GO INTO TOP PORT IN END PLATES PLAN VIEW - TYP. TO ADDITIONAL TRENCH GRAVELLESS CHAMBER 'QUICK -4' 3 FEET 1 O OBSERVATION PIPE ( ti O 6 FEET MIN 12 CHAMBERS PER TRENCH 0 SERIAL OVERFLOW LINES TO BE INSTALLED IN TOP PORTS ON END PLATES. PROJECT NO. 1332 FIGURE 3 PVC LINE FROM TANK PVC Splice Box w/Cord Grips s v J a'a 0 m 0 0 N N V) 0 N Ten a ,p0 O LZ Tank Adopter (cast or bolted) Effluent Discharge Modulating Discharge Orifices t' 0- N C c :0 d U d - � Et N o c N "' O CO CO a -0 i2 = v E v E E c c O t 0Q (� W N T 0- o O (n< Y) C ALARM IS OPTIONAL N r) r) PROJECT NO C GARFIELD COUNTY ENVIRONMENTAL HEALTH DEPARTMENT Percolation Test and Soils Data Form - TABLE 1 - PROJECT 1332 PROFILE PIT 0 - 3.5' Topsoil, Root Zone, Clay, Sandy 3.5' - 8.0 Sandy, Silty, Clayey, with Scattered Basalt Boulders, Dense, Moist White / Grey No Groundwater or Bedrock was encountered Date of Test: 4-18-07 Hole Hole Interval Measurement at Measurement at Change (in.) Percolation Rate No. Depth (in.) (min.) Start of Interval End of Interval (min./in.) MPI (in.) (in.) 1 34 20 3.50 4.50 1.00 20 4.50 6.00 1.50 fill 20 2.00 3.25 1.25 20 3.25 4.25 1.00 20 4.25 5.50 1.25 20 5.50 dry 2 36 20 2.25 4.75 2.50 20 4.75 6.50 1.75 20 6.50 8.00 1.50 fill 20 3.50 5.00 1.50 20 5.00 6.75 1.75 20 6.75 8.75 2.00 20 14 3 31 20 1.75 4.25 2.50 20 4.25 6.75 2.50 20 6.75 dry fill 20 2.25 3.00 0.75 20 3.00 3.50 0.50 fill 20 3.50 4.25 0.75 AVERAGE = 25 MPI 40 trcei Detail Garfield County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search I Assessor Subset Ouery I Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics I Tax Information Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Land Detail I Photographs ,PTax Area Account Number Parcel Number Mill Levy 011 R043949 239120300276 63.103 Owner Name and Mailing Address RAZZORE, RONALD M. & ROSSEIN, KATHA 890 COUNTY ROAD 102 CARBONDALE, CO 81623-9625 Legal Description SECT,TWN,RNG:20-7-87 DESC: A TR IN THE W 1/2SE1/4 AND THE E1/2SW 1/4. ALSO KNOW AS PARCEL B CUSEO SUB-EXMT PRE:R011152 BK:0502 PG:0865 BK:1906 PG:517 RECPT:719711 BK:1906 PG:516 RECPT:719712 BK:1906 PG:508 RECPT:719710 BK:0769 PG:0979 BK:0674 PG:0036 BK:0672 PG:0636 Location Physical Address: i 102 COUNTY RD CARBONDALE Subdivision: http: / /www.ga rcoact.com/assessor/parcel.asp?ParcelNumber=239120300276 Page 1 al rcel Detail Section Land Acres: 110 Land Sq Ft: 110 Township Range 20 7 87 Property Tax Valuation Information Sale Date: Sale Price: Basic Building Characteristics Number of Residential Buildings: 0 Number of Comm/Ind Buildings: I 0 No Building Records Found Tax Information No Tax Records Found Top of Page Assessor Database Search Options 1 Treasurer Database Search Options Clerk & Recorder Database Search Options Garfield County Home Page The Garfield County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Garfield County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Page 2 0 http:/ /www.garcoact.com/assessor/parcel.asp?ParcelNumber=239120300276 Actual Value j Assessed Value Land: 0I 0 Improvements: 01 0 Total: 0 0 Sale Date: Sale Price: Basic Building Characteristics Number of Residential Buildings: 0 Number of Comm/Ind Buildings: I 0 No Building Records Found Tax Information No Tax Records Found Top of Page Assessor Database Search Options 1 Treasurer Database Search Options Clerk & Recorder Database Search Options Garfield County Home Page The Garfield County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Garfield County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Page 2 0 http:/ /www.garcoact.com/assessor/parcel.asp?ParcelNumber=239120300276 : \ • .I \ . « « \[\/ \g %}\ ;/ 1I £L918 O'7 '3'IVdNO9N' WI C?J 0690 �7N' iS=� NI�SSOZk-��OZZ`d?� Nb"d fills 1 1303,3614 L `1V CARBONDALE trl •Z STRUCTURAL ENGINEER: NEW CONSTRUCTION OF PRIVATE RESIDENCE •rt I.1e1 'fable Sheet Tille 'CUR k SI!l YiPN M&W FC(N6ali(NP PLN& GUEST FOtNOANON PLAN COMPOUND PLAN MAIN Fl OOR RAN MACS! rLaoR RAN VAIN POOF FT.ANG PIAN tlifSi RUN' (R.MING RAN a Y=�.r I —sl?W 111481* a -R .. - -.1 IG < a a a I < <ia t I J l dIa . / 1n 7 /// V b 1,? .1 I T EC'r&y 7:ijI / jil J—I R 44 I f �; r,, .. __... __.__ '�, 34 dh�4. l i r tilZ 2 yr 31i al laaaraa est 07/13/2007 12:21 FAX 9709630670 KATHA'S STUDY Attention: David Pesnichak, Senior Planner Special use permit for an ADU for Katha Rossein and Ronald M. Razzore Additional Standards in Section 5.03.21:ADU 1. Our lot size is 5 acres containing a building site with slopes less than 40% 2. The gross floor area is less than 1500 square feet being 1000 sq. fee 3. There is no subdivision homeowners association or covenant requiring approval 4. We have a well permit and well test showing adequate water for an adu 5. We have submitted an appropriate septic plan for the main house and adu which was developed for the total of 4 bedrooms between those structures 6. It is understood by us that only leasehold interests in the dwelling units are allowed 7. All construction complies with County Building Code requirements. Statement re: Section 5.03 of the Zoning Regulations 1. There will be utilities adequate to provide water from a well and sanitation service provided by the septic system designed for this project 2. A driveway permit has been issued which requires no street improvements for traffic since this guesthouse is simply for family use and if it were used at a latter date as an ADU would not increase numbers of people over the current family use. 3. Design of the proposed use includes extensive landscaping and fences/walls to provide privacy to neighbors and to protect the established neighborhood character 11001 08/20/2007 13:56 FAX 9709630670 KATHA'S STUDY P07 /GAP //0 er//��9' 71l°�-� cCle f/Md,/-e Qf il)t// QS' /'(i O/h/ovj 9G 9/,?!34le-Uaiarp� Itto/e e/atce, A aL S. /Paste ©v*. i (14° • Q/2 i . e//e fa" 27 ?Z r2eed Re and aeo S�c od r/c e Ae/'fl//prc RECEIVED AUG 2 0 2007 GARFIELD COUNTY BUILDING & PLANNING f 001 08/20/2007 13:56 FAX 9709650670 08/02./2007 12:59 FAX 19709459 LARRY GREEN KATHA'S STUDY EDWARD MULHALL, JR. SCOTT BALCOMB LAWHLNCE R. GREEN TMOTHY A. THULSON D AYIO C. HALI.FORO CHRISTOPHER L. COYLE 1NOMAS J. HARTERT CNRI$TOPUER L, 6EIOER SARA M. DUNN DANIEL C. WENNOOLE SCOTT OROSSCUP J ORDAN C. MAT BALCOMS dt GRSBRN, P.O. ATTORNEYS AT LAW P. 0. DRAWER 190 818 COLORADO AYE GLENWOOD SPnrN06, COLORADO 81802 Telephone: 970.945.6546 Facsimile: 970.945.9769 WWWyeettalwictscrat VIA FACSIMILE TO: (970) 963-0670 Katha Rossein Ronald Razzoro August 2, 2007 002 KENNETH BALCOMS I i 920-20051 OF COUNSEL- JOHN A. 1HULSON Dear Katha and Ron: We have attached to this letter a copy of Well Permit No. 108631 which is the existing well providing service to your property located in W1/2 SE1/4 and the E1/2 SW 1/4 of Section 20, Township 7 South, Range 87 West of the 6°' P.M. This well permit was issued in July, 1979 as the only well on a parcel of land more than 35 acres in size. Under the provisions of C.R.S. 37-92-602(1)(b) such a well is considered an exempt domestic well which is defined as follows: Wells not exceeding fifteen gallons per minute of production and used for ordinary household purposes, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches and for the irrigation of not over one acre of home gardens and lawns but not used for more than three single-family dwellings. Thus, it is our legal opinion that the subject well is permitted to provide water to no more than three dwelling units on the subject property. Please contact me if you have any more questions in this regard. LR.G/bc Encl. Very truly yours, 08/20/2007 13:56 FAX 9709630670 08/02/2007 12:5A FAX 18709459 1 ,4i. WR.46-74 Applicption must be contplete where applicable. Type or print in ' CK INK. Notrikes Of eras -. unless Initial KATHA'S STUDY LARRY GREEN COLORADO DIVISION OFtpATER RESOURCES 101 Columbine Bldp., (845 Sherm$t.. Den/ PERMIT APPLICA ION F a _4 APEI1MIT TO USE GROUND APERMITTbCONSTRUCT'A ' FOR: QC) A PERMIT TO INSTALL A PUMP I ! REPLACEMENT FOR ( ) OTHER ( ,1f'L1 ANT - mailing address Sr -a NAME SIREET CITY (5 tato) (Zip) TEL_EPHONS T. i2) 1`eAT14N .F ppfPOSE Wl County �� 1 be/L5L,J4 of thasL 5tit ��%,Section 21 Two 7 , Rn9. — - .0rr. 6 P.M. (3) W R U13E 1IL D . TA - Proposed maximum pumping rate (gpm) Average annual amount of ground water J% to be appropriated (etre-feet) 15 - Number of acres to be Irrigated: Proposed total depth (feet)• Aquifer ground water is to be obtained from: - y.r r_I/ ^/1.w Owner's well designat1On ' I CUM_(7 1lATRTO aE USED- FOR: ( l HOUSEHOLD USE ONLY • no Irrigation (0) ( OMESTIC (1) ( ) INDUSTRIAL, (61 ) L'11VESTOCK (2) ( ) IRRIGATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) I OTHER (8)____- - 2 (4) Q1111 -LR C ---- Name Street City Telephone No. 0003 1 Oa FOR orrice USE ONLY: 00 NOT WRITE IN THIS COLUMN ti Receipt No. l % / Basin ''- ,IJDITIONS OF APP1312YAL This well shall be used in such a way as to cause no material injury to existing water rights. The isst1ance of tha perm)t does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right frain seeking relief in a civil court action. APPMOTIM FOR DOMESTIC U E, INCLUDING- THE IRRIGATION OF NOT OVER ONE ACRS OF HOME WORMS IJD LAWS. APPLlCA ION AP U�E� PERMIT NUMBER OA1E ISSUED 10afia1 — JUL 13J9?9 t�L 1 aq i r ic. No 1.0. OQUNZY2_ 08/20/2007 13:57 FAX 9709630670 KATHA'S STUDY 08/02/2007 12:59 FAX 10709451 ) LARRY GREEN (51 HE • TI IN a F HEP ` 1 1 • e WELL end theism on water wi be used must be In. cat- on the diagram below. Use taw CENTER SECTION (1 section, 640 acres) for the well location. -- ---- -+- -► -- 4. — -�- 1 MILE, 6260 FEET—1..1 PI f • + t I -- -4- — .LNO RTH ` � f E1 .,,- +. -.- - .+ -. 1 1 TN TEC + -- + +. 1 -1--4-+--+_HE-�}- 4 (10) Owner(s): Level description' neon rpt (11) Qj1iA1 ED D_EMPuyN. of the uta of ?Found water: 1outrtwld use and OtotEttk with mutt Ind/Font-type of d I system • G ) 6) BE _ _ r . 004 by distances from section tines. 2Z 2 —ft. from • SOO sac. ling berth awulhl _.,./0&2_ft horn _ f sac. tine lean or Watt) LOT. ' .,--SLOCKFILING a SUBDIV4SIOP4 2 4- 4 + T (7) LOCATED Owner' JAW > � No, of ecres +ill this be, , The only weal on this tract?_ (8) PRQPETSED CAS FIIG PROr.,.ttMM Plat Cup in. from ft to _lut ft in from ft to -- ft- Perforated casing in from . — ft. to— ft. In from ft. to__ _.—.- ft. I (9) P9,{tFPEMENT Wry Iffved7startce and rection from old well and plans for Dinging— + -1 — -�- k: Tho scale Ofthe chagram Is 2 inches - 1 mite Each small square nu 40 8cres. WATER EQUIVALENTS TABLE (Rounded !•)glue) An aerwtoot cowers 1 acre of land 1 TCot day 1 cube foot per world (ctra ... 449 wIIons par Mmol• (ppm) A family of 5 wall rvquln sopronlmK•ly 1 writ foot of water par yaw. 1 acr•.foot ... 43,580) cubo fart . , .32a.903 9sI Iom 1,000 qpm punnped COntinuotnl4 fat 041 day producis 4.42 acro -font. 10 be used, - /9;44/ c4 (12) OThER WATER 9J +HT3 used on this land, Including wells. pescription of lend on which 'it'd ()lir ookijejonal shear- ^s napar if more space is required. , 1 08/20/2007 13:57 FAX 9709630670 Deeds 1of1 KATHA'S STUDY http://webmaiia( m/29047/ao1/en-us/Mawrr► vI �sagc.naFr From; Britt Choate <brittc(batcombgreen,com> To; rosseinrazzoret aol.com Subject: Deeds Date: Thu, 2 Aug 2007 2:32 pm Attachments: DOC_(8).PDF (122K), D00000_(2).PDF (118K), D00001.PDF (55K), DOC_(9).PDF (49K), DOC_(10).PDF (23K) Katha, per our discussion, attached please find the following: 1. Quitclaim Deed from Ronald M. Razzore and Katha Rossein to Katha Rossein recorded in the real estate records of Garfield County, Colorado on March 27, 2007 as Reception NO. 719709; 2. Boundary Line Adjustment Affidavit recorded in the real estate records of Garfield County, Colorado on March 27, 2007 as Reception No. 719710; 3. Quit Claim Deed from Katha Rossein to Ronald M. Razzore and Katha Rossein recorded in the real estate records of Garfield County, Colorado on March 27, 2007 as Reception No. 719711; 4. Quit Claim Deed from Ronald M. Razzore and Katha Rossein to Katha Rossein recorded in the real estate records of Garfield County, Colorado on March 27, 2007 as Reception No. 719712; and 4. Rossein and Razzore Boundary Line Adjustment Map recorded in the real estate records of Garfield County, Colorado on March 27, 2007 as Reception No. 719713 (1 included just the relevant portion of this map for discussion purposes). The Deed recorded as Reception No. 719709 from Razzore/Rossein to Rossein conveyed all of the property from the Abandoned Property Line and everything south (19.69 acres). Next, the Boundary Line Adjustment Affidavit (Reception No. 716710) essentially moved the Abandoned Property Line to the now existing property boundary around Parcel B. The Deed recorded as Reception No. 719711 from Razzore/Rossein to Rossein Conveyed Parcel B, 4.73 acres (excluding the Small sliver on the south boundary). Finally, the Deed recorded as Reception No. 719712 from Rossein to Razzore/Rossein conveyed the small sliver on the south boundary of Parcel B. As a result, Rossein owns Parcel B and Razzore/Rossein own Parcel A. Katha, you have to take all of these deeds together to show/prove ownership of the 5 acre parcel (Parcel B). The end result of the conveyances reflected in these documents is that both of you are the owners of Parcel A and just you (Rossein) own Parcel B as depicted and described on the enclosed Boundary Line Adjustment Map. Please do not hesitate to contact me to discuss this further or if you have any questions. Britt Choate, Paralegal/Legal Assistant Balcomb & Green, P.C. P.O. Drawer 790 818 Colorado Avenue Glenwood Springs, CO 81601 Ph: (970) 945-6546 Fax: (970) 945-9769 This message may contain or attach confidential or privileged information. Any disclosure, use or retention of this message and any attachments by unintended recipients is unauthorized. 8/2/2007 10:24 PM 08/20/2007 13:57 FAX 9709630670 KATHA'S STUDY 111! 11111 Rscsptlon$1: 719709 03/27/2007 02:42:48 PM 8:1906 P;0e04 Jam Alberloo 1 of 4120 Fae:$21.00 Dot rin 0.00 GARFIELD COUNTY CO 1006 ICIVRL QUITCLAIM DEED THIS QUITCLAIM DEED, made this 23`4 day of March, 2007, between RONALD M. RAZZORE and KATHA ROSSEIN, Grantors, whose address is 0890 County Road 102, Carbondale, Colorado 81623 and KATHA ROSSEIN, Grantee, whose address is 0890 County Road 102, Carbondale, Colorado 81623. W1TN>rSSETH, that the Grantors, for and in consideration of the sunt) of TEN Dollars ($10.00) the receipt and sufficiency of which is hereby acknowledged, have remised, released, sold and quitclaimed, and by these presents, do remise, release, sell and quitclaim unto the Grantee, her heirs, successors and assigns forever, all the right, title and interest, claim and demand which the Grantors have in and to the following described real property together with improvements, if any, situate, lying and being in the County of Garfield, State of Colorado, described as follows: Property described on Exhibit A. This conveyance is made pursuant to the authority set forth in Resolution No. 77-107 of the Board of County Commissioners of Garfield County, a copy of which is attached hereto. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantors, either in law or equity, to the only proper use, benefit and behoof ot'the Grantee, her successors and assigns forever. IN WITNESS WHEREOF, the Grantors have executed this Quitclaim Deed on the date set forth above. • Katha' Rossein STATE OF COLORADO ) ) ss COUNTY OF GARFIELD ) f,Gt The above and foregoing document was acknowledged before me this day of March, 2007, by Ronald M. Razzore and Katha Rosscin. Witness my hand and official seal. 818 Colorado Avenue Glenwood Springs, CO 81601 Vlv Commission Expires July t. 200.9 My commission expires; Q IW P.1104V1•wy C,.+a.f,R.en.t..M Ru.emkhN (Lin 13,t,1 Al 1.7Lni rpd q• � „ ? Pi ' Raucn RI: Lawrcuee R rtren balcomb ed v Aeo, P C. r.o Ur]wci 79 (ilnra,w051u,nv.. Co PIO, 08/20/2007 13:58 FAX 9709630670 KATHA'S STUDY 1111K le1410100111 111(1 Rao! tionli; 719709 9 4of 4Rro',t,4$21.00�boo1Fes:0.000dRRFisLO COUNTY CO 007 (1973) Section 30-20-101 (10) (a) (d) as amended; NOW THEREFORE, upon motion of _� I,l e `C„ Z , seconded by Jicdi/t'M Q.�1'isd and carried, said 399..G3 acre tract of land is hereby exempted from such definition and transfer of said tract may be made by division into two tracts of 20 and 19.63 acres, more or less, all as is more fully described above, and further, that said exemption is conditioned upon the Petitioner obtaining a proper legal description of said tracts prior to any conveyance thereof, and further, that no additional exemptions on these tracts of'20 and 19.63 acres be Allowed. A copy of the instrument(s) of conveyance when recorded shall be filed with this Resolution, Dated this aithb day of 1,—.__ __.., 1977. THE HOARD OF COUNTY CCI•11SSIONERS OF GARFIELD COUNTY c0L.r: 00 Dy: —7/ 4 Attest., wit' b .uty er of t e ►(i r of County Commissioners, Garfield County, Colorado • a • 0 ey, la num 08/20/2007 13:58 FAX 9709630670 KATHA'S STUDY 11111111 MAIM Mil lhfil'iN1il'grOellig11Nhiti 111111 Ruc•pption#: 719702 03127!2007 02:42,46 PI' 0;1906 P:0506 J■nn A1barLco ' 9 of 4 Roe Fue:52t,00 Doc Fe6:0.00 GARFIEI.D COUNTY CO 2008 RES OLUTi0N$ 11-/07 I•lt1EREAS, JAMES CUSCO, has petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption under C.R.S. (1973) Section 30- 2B-101 (10) (a) (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted September 1, 1972 and amended April 14, 1975, Sections 1.02.17 (d) and 3.02.01, for the division of a 39.63 acre tract of land into two tracts of 20 and 19.63 acres, more or less, and said 39.63 acre tract is particularly described as follows: A parcel of land situated in the U' [1/4 and the Els5W4 of Section 20, Township 7 South, Ran00 87 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, said parcel of land is described as follows: Beginning at a point at a fence 7s constructed and in place whence the Southeast Corner of said Section 20 bears: S. 890 42' 37" E. 2298.28 feet; thence N. 890 32' 41" W. 1704.22 feet alone said fence; thence N. 000 33' 05" E. 23.76 feet; thence H. 300 52' 30" C. _ 295.04 feet: thence N. 520 49' 40" E. 296.18 feet; then N. 220 03' 00" �.. 161.00 feet; thence N. 430 58' 44" E. 153.18 feet; thence N. C4o 02' 52" E. 83.11 feet; thence N. 030 48' 09" W. 90.77 feet; thence N. 090 07' 30" E. 123.63 feet; thence N. 200 44' 16" W. 61.38 feet; thence N. 210 20' 15" W. 74.08 feet; thence N. 030 14' 50" E. 144.14 feet, more or less to a point on the North line of said EkS'4 ; thence N. 890 40' 47" E. 162.28 feet along the North line of said C'sSW1/4; thence Horth 28.05 feet; thence S. 890 34' 39" E. 1008.53 feet alone the Southerly fence line of a County Road as constructed and in place; thence South 1316.31 feet, to the point of beginning. The above described parcel of land contains 39.63 acres, more or less. WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of. County Commissioners of Garfield County, Colorado, that he desires said exemption fpr the purpose Of re -sole into single-family residential acreage: and. WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners that there is a reasonable probability of locating domestic water en each of said tracts, that there is adequate ingress and egress to said tracts, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is in accordance with the general purposes and intent Of the Subdivision Renulations of the State of Colorado and the County of Garfield and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. 08/20/2007 13:58 FAX 9700630670 KATHA'S STUDY 11111n MINAtMuilifYiNlififillferkhrili 11 111 RttspptionU: 719709 03/2712007 02:42:49 PTI 8,1908 P:0606 Jean Alhorip0 2 of 4 Roc Fqu:S2l.00 Doc t:gf:0.00 GARFIELD COUNTY CO EXHIBIT A Lr_al, Dc+;cript iOn A ha,rcel of lane ,Lt.uated in the ANL) THE el/nSW1/4 of a4_tion 20, Township 7 South, Range 81 VL-,ar.. of Lhe ^fxth Princir+al PAef i iisie, r„ur,r,y uL <:arE irz1•:i, Et.lre •:,k C l•prado, being mor(. I,;.,I Yf, t•. ul al iy 1CJ.:Cheer ;d:; iol1Ww3 Ne••3inn.in•4 AL J po;nr at a fence a .:i nF;r:r cted and �n place when, -t; the Soatheast Corner of. :;aid Section 20 S 69°42'37” a 2298,28 fe+:t, thence along sa d fence, N d9°32'41" W 1704.22 feet, thence N 00D33'05" E 23.7G feet. thence • 30°S2'30" E 295.04 feet, thence N 52'49'40' E 296.1 tett, thence N 22°43'00" E 124.00 feet, thence S 90'00.00" E 1273.72 feet, thence S 00000'00" W 575.1:+ feet to the point of beginning, containing an urea of 19,69 acres, more or leas. Excepting there from the property described in Quit Claim Deed from Ronald M. RazzOze and Katha Rossein Co the County of Garfield, Colorado recorded August 29, 1994 in Book 913 at Pngc 909 as Reception No. }67758. 1 009 08/20/2007 13:58 FAX 9709630670 KATHA'S STUDY VIII 1011% iwiilfCriVI ruucH111i11 Reecppt tons3: 719710 02/27/2007 02,42:48 PM 8:1906 P.050$ Jeep Rlbartoo 1 of 8 Rea Fee;S31,00 Dao Fatt0.00 6PRFIELD COUNTY CO BOUNDARY LINE ADJUSTMENT AFFIDAVIT RONALD M. RAZZORE and KATHA ROSSEIN (collectively, "Razzore and Rossein") and KATHA ROSSEIN ("Rosscin"), hereby state as follows: 1. Razzorc and Rossein represent that they are the owners of certain real property (the "Razzore/Rossein Property") located in the unincorporated area of Garfield County, which property is described on Exhibit A attached hereto. 2. Rossein represents that she is the owner of certain real property (the "Rossein Property") located in the unincorporated area of Garfield County, which property is described on Exhibit B attached hereto. 3. The Razzore/Rosscin Property and the Rossein Property arc contiguous. 4. Razzore and Rossein have agreed to convey a portion of the Razzore/Rossein Property to Rossein (the "Razzore/Rossein to Rossein Lot Line Adjustment Parcel"). The legal description of the RazzorelRosscin to Rossein Lot Line Adjustment Parcel is attached hereto as Exhibit C. 5. Rossein has agreed to convey a portion of the Bassein Property to Razzort and Rossein (the "Rossein to Razzorc and Rossein Lot Line Adjustment Parcel"). The Rossein to Razzore and Rosscin Lot Line Adjustment Parcel is attached as Exhibit D. 6. Each party desires to adjust the boundary lines of their respective properties to reelect the above-described conveyances and are signing this Affidavit in accordance with the Garfield County Subdivision Regulations of 1984, 7. The undersigned hereby represent that no new lots will be created as a result of the conveyance of the lot line adjustment parcels as herein described and that Garfield County will not be required to issue any building permits, other than those which it would be required to issue for the currently existing Razzorc and Rosscin Property and Rossein Property. 8. The undersigned hereby represent that none of the parcels of property involved in this boundary line adjustment are part of a previously platted subdivision of record. 9. The undersigned hereby represent that the above referenced boundary line adjustments will not cause the loss of access by road or cut off utilities to any parcel of property involved. 10. The undersigned fbrther represent that the boundary line adjustment being made will not result in any of the involved lots being less than the minimum lot size allowed in the applicable zone district nor will it create any non -conforming setbacks for any existing structures. 11. The undersigned hereby represent that a copy of this Affidavit will be recorded with the Garfield County Clerk and Recorder. The undetsigned further represent that after the conveyances described herein the respective properties will be configured as shown on the Rossein and Razzore Boundary Line Adjustment Map to be recorded simultaneously with this Affidavit, and that Razzorc and Rossein will be the owners of Parcel A as described and depicted on said Map and Rossein will be the owner of Parcel B as described and depicted on said Map. Z010 Return to Lawrence k. Greco 0alconW de Urocn. P C P 0 6nwcr Ta<I Glenwood Sprend, CO PIOU! 08/20/2007 13:59 FAX 9709630670 I{ATHA'S STUDY 1111K M r111110#OIrVIO6ilCI 'h f +t 11111 Rae.pt[onti. 719710 03!27!2007 02:42!46 PM 9:1906 P:0609 Jean Albarloo 2 of 6 Rao ree;$3I,00 Doo Feu:0.00 GARFIELD COUNTY CO Executed this 23id day of March, 2007. RAZZORE AND ROSSEIN: ROSSEN; Katha Rossein STATE OF COLORADO ) )ss COUNTY OF GARFIELD ) The above and foregoing document was acknowledged before me this 2007. by Ronald M. Razzore. Witness my hand and official seal. 818 Colorado Avenue Glenwood Springs, CO 81601 My Commission Expires July 1, 2009 My commission expires: STATE OF COLOR.ADC )ss COUNTY OF GARFIELD day of March, Notary Public The above and foregoing document was acknowledged before me this 2007. by Katha Rossein. Witness my band and official seal, 818 Colorado Avenue Glenwood Springs, CO 81601 My Commission Expires July 1. 2009 My commission expires: 4 \Wp-U{KSV.rp Gw44,7o.'d RanebABe iday Li, Adj.,,n•n *md.w( 7.7.1An,yd .•.•' r•• OF CO ., day of March, ry Public 001" '' ''• ''rw„unnnN�`'• Boundary Line Adjustment Affidavit Page 2 08/20/2007 13:59 FAX 97096306'0 KATHA'S STUDY 1111 115 M1 1141i.4I,I1iif4+ 011KVI l4 1I III ReceptiOnN: 719710 0312712007 02:42:48 PM B:1906 P:09t0 Jean A berioo 3 of 6 Rao Feu:631.0D Doc Fve:0.00 CRRFIELD COUNTY CO EXHIBIT A Legal Description - A parcel of !cine !situated in the W1/2SF.1/4 i.ND THE E1/2SW1/4 of Section 20, Township 7 South, Range 87 Went of the Sixth Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: Beginning at a point whence the Southeast Corner of said Section 20 bears S 75°40'40" E 2371.97 feet, thence N 90°00'00" w 1273.72 feet, thence N 22°03'00" E 47.00 feet, thence N 43°58'44" E 153.18 feet, thence N 04°02'52" E 83.11 feet, thence N 03°48'09" W 90.77 ;Feet, thence N 09°07'30" E 123.63 feet, thence N 20044'16" W 61.38 feet, thence N 21020'15" W 74.08 feet, thence N 03°14'50" E 144.14 feet, thence N 89°40'47" E 162.28 feet, thence N 00°00'00" E 28.05 feet, thence $ 89°34'39" E 1008.53 feet, thence S 00°00'00" W 741.16 feet Co the point of beginning, containing an area of 19.89 acres, more or less. Excepting there from the property described in Quit Claim Deed from Ronald M. Raxzore and Katha ossein to the County of Garfield, Colorado recorded August 29, 1994 in Book 913 at Page 909 as Reception No. 467758. 0012 08/20/2007 13:59 FAX 9709630670 KATHA'S STUDY • 1111 In i hl�9 NUS 41L L � I+r iICl�ill�l 'M Mho 11111 Reoeption0: 719710 03!27/2007 02:42:49 PM 8:1906 P:0511 Jean Albarioo 4 of 6 Rec F.e:S31.00 Poo Fee:0,00 GARFIELD COUNTY CO EXHIBIT B Lr -.)a 1 Dei, c r i pr i on A-)acr:eL of lane situated in the l4I/2aE1/4 AND THE E1/2SW1,!4 or :ia�t. on 20, 7 South, Range S'? .-'f r.lv Sixth Princir.al. T'.•ridi..u. G:,ut;t 7 of Oarfic1d, st.lrc .,L r':.1l')r.k.4o, being morn. parti.:u1..'* Ly -1,20,;caLLc0 .e:; 1'ull"ws: pts: nf- at a fence ,d'i ,:ons:r.. r;:cced 4nd in pi ac.•c whtrrh--,t So',Itheast cornet of maid Section 20 bear i S A9°47' 37" E 2298.38 f4.ett. Cht nce along said fend'., N a9°32'41' W 1704.22 feet, thence N 00°33'05'' E 23.76 feet, thence N 30052'30" E 295.04 feet, thence N 52649'40" E 296.1a fret, thence N 32'03'00" E 114.00 feet, thence S 90°00'00" E 1273.72 feet, thence S On°r7rt'00" W 575.15 feet to the point, of beginning, conta.nxng 3n ureA of 19.69 acres, more or less. Excepting there from the property .:ieacribed in Ouit Claim Deed from Ronald M. itazzore and Katha Rossein to the County of Garfield, Colorado recardcd August 29, 1994 in Book 93.3 at Page 903 as Reception No. 467758. 0 013 08/20/2007 13:59 FAX 9709630670 KATHA'S STUDY 1111 Ei APINitintalitH 1111 Reoe tion*t 719710 03127!2007 02:42!40 PM 6;1906 P:0512 JeAn Albarico 5 of 6 Rao Fee:631.00 Poo Fee:0.00 OARFIE 0 COUNTY CO EXHIBIT C Legal. Ci:C;cription A p.Arcei of lane situated in the W1/2SE1/4 AND THE 81/CSW1./4 of Sect i•Dn 20, Township 7 South, P.Incie 87 West of the Si..rh• Principal Meridian, County of carf.ield, st,irP of Colorado, being more particularly described a. follows: Beginning at a point at a fence at5 constructed and in place whence the Southeast Corner of said Section 20 bears S 75040'40" 8 2371.97 feet, thence N 90°00'00" W 279.88 feet, thence N 00°2.1'42" E 743.21 feet, thence $ 89°34'39" E 275.20 feet, thence S 00°00'00" 9 741.16 feet to the point of beginning, containing an area of 4.73 acres, more or less. V1014 08/20/2007 14:00 FAX 9709630070 I{ATHA'S STUDY Mil! IA MINN( N( Il kk IN 11 111 ReeeptlonU: 719710 03/27/20g07 02:42:48 PM B:1904 P:0513 Jean Rlbericu 8 of 8 Rio Fes:5g1.00 Doo Fe4:0.00 GARF1ELD COUNTY CO EXHIBIT D Legal Description A parcel of lane situated in the W1/2$E1/4 AND U!E E1/2SW1/4 of Section 20, Tawnuhipr'ar.F�uth, State of 7 WeftColoor the Sixth Principal Meridian, County of particularly described as follows: Beginning at a point at a fence as constructed and in place whence the Southeast Corner of said Section 20 bears S 89°42'37" E 2298.28 feet, thence along said fence, N 89°32'41" W 1704.22 feet, thence N 00°33'05" E 23.76 feet, thence N 30°52'30" E 295.04 Leet, thence N 52049'40" E 296.18 feet, thence N 22°03'00" E 114.00 feet, thence S 90°00'00" E 993.84 feet, thence 3 00°21'42" W 41.59 feet, thence $ 89°38'18" E 280.15 feet, thence S 00°00'00" W 531.79 feet to the point of beginning, containing an area of 19.42 acres, more or less. Excepting there from the property described in Quit Claim Deed from Ronald M. Razzore and Katha Rossein to the County of Garfield, Colorado recorded August 29, 1994 in Book 913 at Page 909 as Reception No. 467758, Z015 08/20/2007 14:00 FAX 9709630f KATHA'S STUDY 1111 In i16,1i1.PI11N41GKION1 f CH11111 Remyittart!: 719711 03/27/2007 02:42:48 PM 8:1908 P.0514 Joan Albrrloo of 2 Roo Frr;S11.00 Doo Pre.0.00 ORRFIELD COUNTY CO VI 016 QUITCLAIM DEED THIS QIJITCLAl1'vt DEED, made this 23rd day of March, 2007, between RONALD M. R.AZZORE and KATHA ROSSEIN, Grantors, whose address is 0890 County Road 102, Carbondale, Colorado 81623 and KATHA ROSSEIN, Grantee, whose address is 0890 County Road 102, Carbondale, Colorado 81623. WITNESSETH, that the Grantors, for and in consideration of the sum of TEN Dollars (S10.00) the receipt and sufficiency of which is hereby acknowledged, have remised, released, sold and quitclaimed, and by these presents, do remise, release, sell and quitclaim unto the Grantee, her heirs. successors and assigns forever, all the right, title and interest, claim and demand which the Grantors have in and to the following described real property together with improvements, if any, situate, lying and being in the County of Garfield, State of Colorado, described as follows; Property described on Exhibit A. also known as VACANT LAND. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantors, either in law or equity, to the only proper use, benefit and behoof of the Grantee, her successors and assigns forever. IN WITNESS WHEREOF, the Grantors have executed this Quitclaim Deed on the date set forth above. ald M. Raz mo" f� r� Kathy ossein STATE OF COLORADO ) ) ss COUNTY OF GARFIELD The above and foregoing document was acknowledged before me this 2007, by Ronald M. Razzore and Katha Rossein. Witness my hand and official seal. 818 Colorado Avenue Glenwood Springs.CO 81601 My Commission ExpireR July 1. 2009 My commission expires: b .WP•Dis. smu , Cron -Maude w d Ir014.i(/ut Corm Dora 02 1•:3-u7 rpd day of March, otary Public JI -0-0-0_ Return io Lawrence R. Gam bakomb di G.mo. P.C. P O. Drawer 190 Glcnw9o4 Sprinp. CO 9thu] 08/20/2007 14:00 FAX 9709630670 MINA 11111 ReaepllonM' 719711 03/27/2007 02:42:48 PM B:1906 P:8816 Jean gni:erica 2 of 2 Ago F,C111.00 Ooe Ffl:0.00 GARFIELD COUNTY CO KATHA'S STUDY EXHIBIT A Legal ^escription A parcel of lane situated in the W1/25E1/4 AND THE El/- W1/4 of Section 20, Township 7 South, R.Ir.ge 87 West of the Sixth Principal Meridi.3n, County of Garfield, state of Colorado, being more particularly described as follows: Beginning at a point at a fence ;1>; constructed and in place whence the Southeast Corner of said Section 20 bears $ 75°40'40" E 2371.97 feet, thence N 90°00'00" W 279.88 feet, thence 14 00°21'42" E 743.21 feet, thenCe S 89°34'39" E 275.20 feet, thence S O0°00'00" E 741.16 feet to the point of beginning, containing an area of 4.73 acres, more or less. 0017 08/20/2007 14:00 FAX 9709600670 KATHA'S STUDY New Cul 1v�-s t 4r .4% 117e .7„0t, LOON 4 0154 fri !ul 6 4'41 t3 14: hr 4 J O • 15 !7 JF -7 J 877 10' 017 re'? '00'422ed- •F ¢3 4,1 w 12018 08/20/2007 14:01 FAX 97090300' 08/26/2007 11:45 FAX .i97094W TARRY GREF:N I{ATHA'S STUDY C 014 WATER USE, OWNERSHIP AND WELL AGREEMENT THIS AGREEMENT is made and entered into this day of 2007, by and between Katha Rossein ("Rossein") and Ronald Razzore (hereinafter, "Razzore"). WITNESSETH: WHEREAS, Rossein and Razzore are the owners of contiguous parcels of real property in Garfield County, Colorado, and generally located in the W1/2 SE1/4 and the E1/2 of the SW1/4 of Section 20, Township 7 South, Range 57 West of the 6th I .M. as shown in Exhibit A; WHHEREAS, the parcels were created through a subdivision exemption process under Garfield County Resolution 77-107, dated November 28, 19977 (the "Subdivision Exemption"); WHERAS, the Subdivision Exemption created one parcel 20 acres in size, and a second parcel 19.63 acres in size; WHEREAS, Rossein and Razzore have executed a property line adjustment for the Subdivision Exemption, creating one parcel 34.58 acres in size ("Parcel A"), and one parcel. S acres in size ("Parcel 8") as shown in Exhibit A and as described in the Quit Claim Deeds recorded in the Office of the Garfield County Clerk and Recorder on March 27, 2007 as reception numbers 719709, 719710, 719711, and 719712; WHEREAS, Rossein and Razzore are iaow the owners of Parcel A and Rossein is the owner of Parcel B; WHEREAS, there exists a well located. on Parcel A which well has been permitted by the State Engineer as an exempt well pursuant to C.R.S. § 37-92-602, Well Permit No. 108631, which permit allows for domestic use, including the irrigation of not over orte acre of home gardens and lawns (the "Well"); WHEREAS, the Well presently provides domestic water to the existing residence located on Parcel A of the Subdivision Exemption and irrigate less than one acre of lawns and gardens; WHEREAS, Rossein and Razzore desire to extend the water delivery system that provides water from the Well from Parcel A to Parcel B of the Subdivision Exemption in order to provide water to a residence and accessory dwelling unit to be located on Parcel 08/20/2007 14:01 FAX 9709630670 KATHA'S STUDY 08/20/2007 11.48 FAX 19709459 LARRY GREEN WATER USE, OWNERSHIP AND WELL AGREEMENT Page 2.of5 B of the Subdivision Exemption; WHEREAS, the parties desire to establish terms and conditions for the use of the Well necessary to supply two residential lots; WFIERBAS, the parties hereto wish to perpetually burden the subject properties with these terms and conditions for utilization of water from the Well, and the parties further wish to have the terms and conditionshereof run with the land. AGREEMENT NOW THEREFORE, for and in consideration of the mutual promises contained herein, the parties agree as follows' 1. Recitals. Each recital set forth above is incorporated herein by this reference and made a part of this Agreement between the parties as though set forth in full. 2. Right, Title and Interest. The parties hereto agree that the owners of Parcel A and 13 of the Subdivision Exemption shall share the flow of the Well equally, each entitled to an undivided one-half (1/2) interest in the Well. 3. Utilization of Well. The parties hereto agree that they, their heirs, devisees, personal representatives, assigns, successors, occupants, and subsequent owners of the subject properties shall be entitled to continue usage f the water produced by said Well upon the terms and conditions contained herein. a. Presently, a functioning Well is located upon Parcel A. The parties agree that they, their heirs, devisees, personal representatives, assigns, successors, occupants, and subsequent owners of their properties shall be entitled to continue usage of the water produced by said Well upon the terms and conditions contained herein. b. Unless legally changed or modified, the use of the said Well shall be limited to one single-family dwelling on Parcel A, one single-family dwelling and one accessory dwelling unit (" ADU") on Parcel B, the watering of up to a total of 4 domestic animals on both Parcels, fire protection, and the irrigation of not more than one-half acre of home lawns and gardens upon Parcel A and one-half acre of home lawns and gardens on Parcel B; said uses of said Well shall be lirrated to those uses allowed under the permit. 08/20/2007 14:01 FAX 9700830070 08/20/2007 11:46 FAX 19709450 , I{ATHA' S STUDY LARRY GREEN WATER USE, OWNERSHIP AND WELL AGREEMENT Page 3 of 5 c. Provided each owner is actually applying water front the Well to beneficial use on their respective parcel, each lot shall share equally all expenses of operating, maintaining, repairing, improving and replacing said Well, including the costs of maintaining a current well permit and associated filings with the State Engineer's Office. ther Lot Lot Owner is not actually. Ow�rter making use of the applying water to beneficial water shall be solely responsible for the above-mentioned expenses. d. The cost of installing, repairing and/or replacing any delivery pipelines shall be borne by the owner of the Lot for whose benefit the delivery pipeline exists. All operation, maintenance, repairs, Intheev ntt thef pard. and improvements shall be made by mutual agreement s cannot mutually decide upon what improvement, operation, maintenance, repair or replacement activities are necessary and proper, either party may provide notice in writing of a list of repairs, improvements or replacements it believes need to be undertaken, together with a budget therefore. Unless the other party objects in writing within fourteen (14) days of receipt of said Notice, consent to such shall be deemed conclusively given. In the event Objection is timely made, the parties agree to mutually select one qualified professional engineer, pump installer, or well driller to make recommendations and a budget and to be bound by such recommendations and budget. 4. Reasonable Use. The parties agree that their respective usage of said Well shall always be reasonable, and that .they endeavor to limit their usage thereof to reasonably necessary usage for each of their respective lots. 5. Replacement Well- In the event that the existing Well, for whatever reason, is required to be re -drilled at a location other than within the well easement described in Paragraph 7, below, the owner of Parcel A agrees to select a replacement well site on the basis of the best information available to her for the locating of an adequate well water source. In the event the parties relocate the Well outside of the well easement described in below, each party agrees to grant appropriate reciprocal easements for the new well site and delivery lines artd to vacate the old easement described herein to the extent no longer necessary for the withdrawal and delivery of water. To the extent both parties are receiving water from the Well, all costs of drilling, well and pump installations and equipment shall be borne equally by the parties. All costs of connection and running of new delivery lines from the relocated well site to the parties individual residences, respectively, shall be borne separately by the parties. If only one party is receiving water from the Well, such party shall bear such costs for the Well relocation/re-drilling. 08/20/2007 14:02 FAX 9709630670 08/20/2007 11:46 FAX 19709459', KATHA' S STUDY LARRY GRRRN WATER USE, OWNERSHIP AND WELL AGREEMENT Page 4of5 6. Payment for repairs, In the event that reasonab le expenses nance,of any nature replacement, which are incurred in connection with the operation, rept, responsible therefore, any improvement or insurance are not timely paid by any party p such other party affected by this Agreement may, but shall not be required to, pay expenses, and the party so paying such expenses shall be entitled to reimbursement therefore. 7. Well Easement. Rossein and Razzore as owners Of Parcel A hereby easement separately convey and grant to Rossein as owner of Parcel B a ex fifteen feet (15') around the Well (15' radius) and seven and one -halt Feet (7 & 1/2) in width on each side of a centerline which commences at the Well and proceeds in a course along the delivery line to be installed across Parcel A terminating at the shared boundary of Parcel A and B. Said easement shall vement of, the Well and buried delivfor the purpose of access to, ery l�ent of, fxort► and operation, maintenance and imp the Well to Parcel E. 8. End -Uses. Each party shall be solely responsible for all operation maintenance, and capital costs associated with the delivery of water from the Well to the end -uses located on their respective parcels. 9, Legal Description, In the event either party desires to clarify and confirm the legal description of the easement conveyed herein and reduce said conveyance and legal description to writing, .said party may, at its sole option, have a legal description of said easement prepared by a registered surveyor and prepare the appropriate conveyance document, which shall be executed by the parties or their heirs. 10. Binding / Runs With The Land. The rights and obligations of each party set forth herein shall run with the land and be appurtenant to Parcels A and 13 apart from f the said Subdivision Exemption and shall not be trap separate and p property. This Agreement and all its terms and conditions shall inure to the benefit of and be binding upon the heirs, successors, and assigns of Rossein and Razzore. 11. Governing Law. For purposes of this Agreement, the Parties agree that it they shall submit to the jurisdiction of the Garfield County Courts (Colorado). 12. Attorney Fees, In the event that either party is reasonably required to utilize the services of any attorney to initiate Litigation and enforce any provision hereof, then the party prevailing in such litigation, whether the party initiating litigation or otherwise shall be entitled to its reasonable attorney fees, court costs and all costs ,of such litigation, including, without limitation, costs of discovery. 08/20/2007 14:02 FAX 0709G30670 08/20/2007 11:47 FAX 19709455 KATHA ' S STUDY LARRY GREEN ,J X23 WATER USE, OWNERSHIP AND WELL AGREEMENT Page 5 of 5 13. Counterparts. This Agreement may be executed and delivered in several counterparts, each of which shall have the force and effect of the original. 14. Recording. This Agreement shall be recorded in the office of the Garfield County Clerk and Recorder. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first written above. By� — by Katha Rossein Ronald M. Razzore ACKNOWLEDGMENTS STATE OF COLORADO COUNTY OF The foregoing Agreement was acknowledged before me by Katha Rossein_ Witness my hand and seal. Notary Public My commission expires: STATE OF COLORADO }� COUNTY OF The foregoing Agreement was acknowledged before me by Ronald M. Razzore. Witness my hand and seal. Notary Public My commission expires: