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HomeMy WebLinkAbout1.0 ApplicationGarfield County Planning Dept. 109 Eighth Street, Suite 303 Glenwood Springs, Co. 81601 To Whom It May Concern, This letter is to address the proposed use of an Accessory Dwelling Unit on our property located at 202 Cotton Hollow Ln. in Garfield County also known as Lot 8 Cottonwood Hollow Subdivision. The unit could be used as a rental unit as defined by an Amendment to the Cottonwood Hollow Subdivision covenants approved by a majority of the Homeowners in the Subdivision. In short, the useable living space is less that 800 square feet, the unit shall be rented only when the owners are residents as defined by the IRS and renter occupants shall be limited to a total of three,two of whom may be over 18. At this time we have only used the unit as a guesthouse for family, and do not plan on renting it anytime in the near future but we would like to have the option and the unit could increase our resale value should we deceide to sell our house in the future. Thank you, Marc Bassett Erin Bassett 4-c?)cot., o l -4••• - •= o1- 1/i01 -4.-4 J -�1- 4' Lori -146 : 33.41' OpV •E • =� D • 0 A. p w .r(lby � 11 • ./ J 11 !` rc67 4' •�*! 1 Ill 1 ! !i-- \ L Y .I J W,J �; ��� �/ y jo 1 / L4 G • 05 1 -1.01:4 -t% -or: Fe - 64.21L5 I'i. 104.1 • ! r (i 'I'E6 &Lor1i C,d�' l ?�� IZ " 1 a i— � � 77Q2 -T k1 G D- V1,ocA-rioA) G,IR6E 4k) A 1JQ#flaNS SNARL cv) NJ \zc It' Q4 Jtit je.Z --i) ( I , r_)._,0eco_ ©P-(5)SaM ��P irE ' roper49 °toners aci3aox7+ to 0;0; odbri 4/60 ,0 BR? TL OO( D extton bQtie. aRosolaRLE-1 0..0 ''e7110,P,3 ju ona?lo&E Pms 11 H 3051 Count T -3d, 1 .2 641Ze0/0 /411-2 C0gUOIR5 " :Tim may 5TbICES 057 C/01,(41---1,(1Qd, 103 eAte0/00A-Le." Co 17 4. 6ailgn .uOmich 6rnith 60-)edq) 2 &10,0friass co Ete514 2 q03-3501-7 qi(E-cto((o MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 6.00 REQUEST FOR RELEASE OF DEED OF TRUST AND RELEASE LTHMC Loan Number 352831-6 Date May 08, 1996 Grantor MARC A. BASSETT Original Trustee ICM MORTGAGE CORPORATION Date of Deed of Trust 04-03-92 Recording Date 04-7-92 County GARFIELD Reception and/or Film Number 433348 Book 828 Page 43 TO THE PUBLIC TRUSTEE OF GARFIELD County (The public Trustee to which the above Deed of Trust conveys the said property. Please execute this release, as the indebtedness has been fully paid and/or the terms and conditions of the trust have been fully satisfied. LASALLE HOME MORTGAGE CORPORATION, F/K/A LASALLE TALMAN HOME MORTGAGE CORPORATION ent owner Trus lder of the evide L•an Servicing 0 er f De •t y Secured by S ate of Illinois, County of Cook T•- foregoing request for release was y+,,knowledged before me on May 08, 1996 ervicing Officer Witness My hand and Seal Release of Deed of Trust "OFFICIAL SEAL" PATRICIA M. MALEC Notary Public, State of Illinois My Commission Expires 4/1/2000 MEN, that the above referenced Granto = , •4 V--• • rust, ed. certain release property described in said Deed of Trust, to �;'•.,Sthe. Public Trustee of the County referenced above, in the State Colorado ��',;•�t.o be held in trust to secure the payment of the indebtedness referred to herein. NOW THEREFORE, at the written request of the legal holder of the said indebtedness, and in consideration of the premises and the payment of the statutory sum, receipt of which is hereby acknowledged, I, as the Public Trustee in the County first referenced above, do hereby remise, release and quitclaim unto the present owner or owners of said real property and unto the heirs, successors and assigns of such owner or owners forever, all the right title and interest which I have under and by virtue of the aforesaid Deed of Trust in the real estate de- scribed therein, to have and to hold the same, with all the privileges and appurtenances thereunto belonging forever: and further I do hereby fully and absolutely release, cancel and forever discharge said Deed of ust. OJA.AlktL0LAJ Publi` Trustee Deputy Public Trustee State of Colorado, County of GARFIELD The foregoing instrument was acknowledgged before me on ICY 31 13N6 by Georgia Chamber akr as the Public Trustee of GARFIELD County, Co orado Y' Date Commission expires After recording mail to MARC A. BASSETT 202 COTTON HOLLOW LANE CARBONDALE, CO 81623 1041111MEMNWM Deed of Trwk w My. Handad Seal aka' sc f-. 1 �.. , 2 083' :006 G63 f,./ 7le. �� m t ' ' ��pf WARRANTY DEED THIS DEED, Made this 29th day of October, 1998 between marc A. Bassett . grantor, and Marc A. Bassett and Erin J. Bassett, joint tenants whose legal address is 202 Cotton Hollow Ln, Carbondale, Co 81623 of the said County of Garfield and Slate of Colorado. grantees: WITNESS. that the grantor. for and in consideration of the sum of ten dollars and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged. has granted. bargained. sold and conveyed. and by these presents does grant. bargain. sell, convey and confirm unto the grantees. their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any. situate. lying and being in the County of Garfield and State of Colorado. described ac follows: Lot 8 Cottonwood Hollow Subdivision also known by street and number as 202 Cotton Hollow Ln, , Carbondale, Co 81623 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging. or in anywise appertaining and the reversion and reversions. remainder and remainders. rents. issues and profits thereof, ar f all, the estate, right, title. interest, claim and demand whatsoever of the grantor, either in law or equity. of. in and to the above bargained premises. with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described. with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant. bargain and agree to and with the grantees, their heirs and assigns. that at the lime of the enseating and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance. in law, in tee simple. and has good right, full power and lawful authority to grant. bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens. taxes. assessments, encumbrances and restrictions of whatever kind or nature soever, except distribution utility easements, including cable Til; subject to building and zoning regulations; free and clear of all taxes except the general taxes for the year of closing and free and clear of all liens for special ittproverrents installed as of the date hereof whether assessed or not; except those matters reflected by the Title Documents; except rights not shown by public records. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. Signed this _'rtday of C% z , 195sr Marc A. Bassett i3an.o ei*— STATE OF COLORADO County of Garfield The foregoing instrudlent'was acknowledged before me this by sic A "fssett Colorat Title Insurance Catlpany 817 C a A nue, Suite 106 Gle 'Spr}ngs, Co. 81601 "•5;,..30J.,9450408 Return to: Alpine Bank 100 E. 4th Street Rifle, Co 81650 SS. .2 7'4 day of Qcty..1.4,,., . 19 9 ir Witness my hand and official seal. My Commission expires /Q —3 . 19 S• Nwarr Pubic Le a/ .1)C-3C'_/ »2z r) otion i cc'c i 7 1A A) ,t66/7 0..6'i6 /7 1c• rho ?6 /6L. &?) X./ oitbe SSd ,cec, 7Z *7-01;or ),sk' 7 Range. 'YZ S; - h 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 , July 3, 2002] Marc Bassett Bassett Residence 202 Cotton Hollow, Lane Carbondale, CO 8123 RE: Bassett Residence — Existing ISDS System, 202 Cotton Hollow Lane, Carbondale, Garfield County, CO SE Job No. 22104.01 Dear Mr. Bassett: Pursuant to your request, attached herewith is a letter/report presenting our findings in regard to our evaluation of the adequate size and design of an existing Individual Sewage Disposal System (ISDS) at the above referenced Site. Our opinion is based on our evaluation of the site conditions with information provided by you for use in supporting your application to the Garfield County. This evaluation is pursuant to the approved Condition 3, listed in the letter from Garfield County, dated March 25, 2002 concerning the approval of the Bassett Special Use Permit Application. Our opinions and recommendations are in accordance with Garfield County and the State of Colorado ISDS Regulations. We have reviewed the information forwarded to us, evaluated the existing ISDS design and have presented recommendations for the continued use of the system to accommodate a total of 4 bedrooms as a part of our scope of work. Conclusions: Based on our findings we believe that the design of the existing approved ISDS system is adequate to serve the needs of a total of 4 bedrooms in accordance with the Regulations of Garfield County and the State of Colorado. The existing septic system is currently in use and adequately functioning to serve the needs of a total of 4 bedrooms. Therefore we recommend that its use continue to accept wastewater from the existing 3-bedr000m single-family unit and that it be utilized to accept wastewater from the accessory dwelling unit (ADU). The accessory dwelling unit would need to be limited to a single bedroom with no more than 2 persons in residence. We recommend the installation of an Orenco System Effluent Filter at the outlet in the secondary chamber of the existing Septic tank during a periodic septic tank pumping and sewer line cleaning. We would recommend that the existing sewer line be cleaned by jetting and that the tank be pumped out in the near future if it has been over 2 years. Site Location: The subject site is located at 202 Cotton Hollow Lane, Lot 8 in the Cottonwood Hollow Subdivision, adjacent to the south side of County Road 113, in Garfield County, Colorado. The site is situated in Section 14, T 7 S, R 88 W of the 6th P.M. SOPRIS ENGINEERING • LLC civil consultants Marc Bassett SE Job No. 22104.01 July 3, 2002 Page 2 Existing Site Conditions: The site includes an existing small 3 -bedroom house, a 1 -bedroom ADU/shop structure and a detached garage structure. An existing permitted ISDS system designed to serve a total of 3 bedrooms was constructed in June 1990. The ISDS includes a 1000 -gallon septic tank and approximately 720 SF of absorption area in an assumed deep gravel and pipe bed configuration. The site has a 10% slope toward the north. Domestic water is supplied by an existing registered well in excess of 100 feet from the closest point of the absorption field. It is our understanding that the ADU was constructed in 1992 without a completed building permit. The upstairs apartment was completed in 1994 utilizing water conserving fixtures. The applicant reported that the existing house was remolded two years ago and all the plumbing fixtures were replaced by water conserving fixtures. It is noted that new plumbing fixtures typically use over 50% less water than conventional fixtures listed in the ISDS Regulations "Table I of Quantities of Sewage for Various Types of Uses". Proposed Site Conditions: It is our understanding that you intend to utilize the existing ADU above a proposed shop building pursuant to the conditions of the Special Use Permit. The wastewater drainage from this facility is constructed to discharge to the existing ISDS. Current conditions indicate that the ADU is limited to a single bedroom with no more than 2 persons in residence. Based on the exclusive use of water conserving fixtures the field size appears adequate for this usage without an upgrade to the system. We recommend the installation of an Orenco System Effluent Filter at the outlet in the secondary chamber of the existing Septic tank or in an additional tank if desired. Subsurface Conditions: A subsurface investigation and percolation test was conducted on 11/27/89, by Don Owens, of Garfield County. The results are including in the existing ISDS permit. Groundwater was not encountered to a depth of 8 feet in the soil profile. The average percolation rate is reported in the permit as be 17 minutes per inch and was deemed suitable for a conventional absorption system Existing ISDS The site includes an existing 3 -bedroom house with an existing ISDS system utilizing a 1000 -gallon septic tank and an 18' x 40' x 3' soil absorption bed, assumed to be constructed with deep gravel and perforated pipe. The existing system was permitted by Garfield County on June 19,1990 (Permit No. 1714). The system is reported to be adequately functioning. The absorption system was sized by Don Owens, of Garfield County for a minimum of 713 sq. ft of absorption area, per documentation on the permit. The final approval section of the permit indicates that a 720 SF, (18' x 40' x 3') soil absorption field was installed. Marc Bassett SE Job No. 22104.01 July 3, 2002 Page 3 Existing ISDS An alysis The design flow for the existing system is based on a 4 -bedroom house using water -conserving fixtures is as follows: From the State of Colorado L S. D. S. Regulations; Average daily flow (Q) = # of people x gal/person/day (avg. flow) Existing Design flow (Qd) _ # of people x gal/person/day x 1.5 (peaking factor) = gal/day Design Flow Reduction (Qdr)= Qd x 0.80 based on 20% maximum reduction for permanently installed water -conserving devices/fixtures. Maximum number of people is assumed to be 8 people. Gallons per day for residential = 75 gal/person/day Qd = 4 x 2 x 75 x 1.5 = 900 gal/day Qdr = 900 x 0.80 = 720ga1/day Septic Tank Volume Volume (V) of tank = Design Flow Reduction * 1.25 (30 hour retention time) V = Qdr x 1.25 V = 720 gal/day * 1.25 = 900 One double compartment, concrete 1000 -gallon septic tank installed. OK Existing Absorption field The existing absorption field system is adequate to serve the needs of a 4 -bedroom reduced design flow equivalent. Based upon the reported average percolation rate, the standard absorption area equation yields: A (SF) = Qdr *(t) 1/2 : where A = Area; Qdr = design flow reduction (gal/day) 5 t = time in minutes This equation will give a recommended minimum absorption area: A = = 720 *(17) '/ = 594 S.F. 594 S.F. (design check) < 720 S.F (installed) OK 5 System Recommendations An effluent filter should be installed in the secondary compartment of the existing septic tank to reduce the suspended solids loading to the absorption field and extend the life of the treatment media in the absorption field. No garbage disposal systems are currently installed and we discourage their use with the existing ISDS. We recommend that the tank be pumped every two years and that a new evaluation of the performance of the 1SDS be performed approximately 8 years from now. This evaluation should include the feasibility of designing a replacement or relocated absorption field and possibly the tank. The average useful functioning life of a conventional soil absorption system is 20 — 30 years. An alternative may include the retrofit installation of an advanced treatment unit. Marc Bassett SE Job No. 22104.01 July 3, 2002 Page 4 Attached is an ISDS Maintenance Guide for your information. Our evaluation and recommendations are based upon data you supplied to us. If subsurface or site conditions are found to be different from those presented in this report, we should be notified to evaluate the effect it may have on the existing and/or proposed usage of the ISDS. If the County Environmental Health Department requests changes or modifications to the system, we should be contacted to evaluate the effect on our evaluation. If you have any question or need any additional information, please call. Sincerely, SOPRIS ENGINEERING, LLC Paul E. Rutledge Desi Yaarro 159 Project' i • tuergreen Analytical XLaboratory March 27, 2002 MARC BASSETT MARC BASSETT 202 COTTON HOLLOW LANE CARBONDALE, CO 81623 Lab Work Order: 02-1272 Client Project: Dear Marc Bassett: Enclosed are the analytical results and invoice for the samples shown in the Laboratory Work Order Summary. Except for subcontracted analyses, the enclosed data have been reviewed for quality assurance. A case narrative is included to describe any anomalies associated with the samples or data. EAL will dispose of all samples one month from the date of this letter. if you want samples returned, please advise us by mail or fax as soon as possible. A copy of this project report and supporting data will be retained for a period of five years unless otherwise advised by you. A document retrieval charge will apply. Thank you for using the services of Evergreen Analytical. if you have any questions concerning the analytical data, please contact me. Direct other questions to Client Services. Sincerely, 6,02 Carl Smits Technical Director of Chemical Analysis This report contains a total of pages including the cover letter. Evergreen Analytical, Inc. 4036 Youngfield St. Wheat Ridge, CO 80033-3862 (303) 425-6021 FAX (303) 425-6854 Evergreen Analytical Laboratory 02-1272 WORK ORDER Summary Report To: Marc Bassett Marc Bassett 202 Cotton Hollow Lane Carbondale, CO 81623 Comments: QC Level: Laboratory Standard QC 14 -Mar 11:16 am Client Project ID: Phone: (970) 945-1278 FAX: (970) 945-1278 Sample ID Client Sample ID Analysis # Matrix Loc Collection Received Due HT 02-1272-01A 02-1272-01B 02-1272-01C 202 Cotton Anions by IC * Water CLI 12 -Mar -2002 13 -Mar -2002 27 -Mar -2002 14 -Mar -2002 Total Coliforms Membrane Filtratio OUT 27 -Mar -2002 12 -Mar -2002 Total Suspended Solids CLI 27 -Mar -2002 19 -Mar -2002 # = Special list. See sample comments or test information. HT = Holding Time expiration date. Page 1 of 1 EvcnunECIV HIVHLY 1IUAL IIVU. (tAl) LABORATORY SERVICES TERMS AND CONDITIONS 1) Agreement: Client agrees that submission of the sample(s) for the tests identified on this Chain Of Custody (COC) /Analytical Services Agreement shall constitute acceptance of the terms and conditions set forth here in. These terms and conditions shall not apply if EAI and Client have executed a separate agreement in writing. 2) Information from Client; Client agrees to provide EAI in writing prior to EAI starting work with all information, project specifica- tions, quality assurance and reporting requirements and samples necessary to enable EAI to perform its services or any other work product. EAI shall not be liable for any work product based upon any inaccurate or incomplete information or Ole failure of any sample to be representative. Client agrees to disclose to EAI information regarding known hazardous or elevated concentrations of substances in sample(s) submitted to EAI. 3) Payment Terms: EAI will invoice Client at completion of the work identified on this COC unless EAI and Client have agreed in writing to a different arrangement.The amount invoiced shall be paid within 30 days from date of the invoice submitted by EAI to Client. Client agrees to pay a finance charge of 18% per annum if the invoice is not paid in accordance with this Agreement and reimburse EAI reason- able collection costs, 4) Independent Contractor: EAI shall be an independent contrac- tor in performing its services. Neither EAI nor any of its employees will be considered employees of the Client. 5) Indemnification,; Client agrees to indemnify, defend, and hold harmless EAI and its employees, officers, directors, agents, and assigns from and against any and all claims, causes of action, demands, losses, costs, expenses, liabilities, damages, settlements orjudgments of any nature, including without limitation those related 10 the defense or investigation thereof and all attorney's fees incurred, which are attributed to or arise from, or connected in any way to, the errors or omissions or the negligence, gross negligence, or wrongful conduct of Client, its employees or agents. 6) Warranty; EAI represents and warrants to Client that its services have been performed and rendered in accordance with procedures, protocols and practices generally accepted in EAI's profession. Client agrees and accepts that EAI has made no other warranties or representations as to its services. EAI shall not be liable to client if noncompliance is caused by negligence, gross negligence or willful misconduct of client. Client understands and agrees that EAI does not make recommendations or provide professional advice. In the event of a breach of warranty under the Agreement, Client shall give EAI the opportunity to correct said breach. 7) Scope of Liability: EAI, notwithstanding any other provision of the agreement, shall not be liable for consequential, indirect, special, incidental, or exemplary damages which may arise or are connected to this Agreement or the services provided by EAI pursuant to this Agreement. Notwithstanding any other provision of this Agreement, the liability of EAI arising out of, resulting from, or in connection with this Agreement or the services provided by EAI, including but not limited to EAI's negligent professional acts, errors or omissions, and whether or not related to hazardous sub- stances, shall not exceed the compensation paid to EAI under this Agreement. Client agrees any action or suit brought against EAI in connection with this Agreement shall be brought within one year after EAI has ceased its performance hereunder. 8) Subcontracting; Client recognizes that EAI may not perform all tests set out on this COC. Client agrees that EAI may cause such additional testing to be performed by another laboratory. EAI shall use its best efforts to locate a qualified laboratory to conduct such tests. Client agrees not to hold EAI responsible for the damages resulting from errors, omissions, bodily injury, or property damages resulting from services performed by said other laboratory. 9) Delay of Termination: Delay in performance or failure to perform by EAI shall be excused to the extent caused by any act of God, labor trouble, fire, inclement weather, act of governmental authority, failure of transportation, accident, power failure or interruption, or any other limitation as well as Client's failure to furnish information or to approve or disapprove EAI's work. In the event of any of these circum- stances, EAI's time for completion of its services shall be extended accordingly. In the event all or any portion of the work prepared or partially prepared by EAI is suspended, abandoned or terminated, Client shall pay EAI the reasonable value of all work per- formed. In determining reasonable value under this section, the fees set out in EAI's most recent published fee schedule shall be deemed reasonable. 10) Samples: At EAI's sole discretion, all samples received by EAI may be either disposed of 30 days after analyses, or returned by EAI to the Client, unless otherwise mutually agreed to in writing. 11) Waiver: One or more waivers of any term, condition, or covenant by EAI shall not be construed by Client as a waiver of any subsequent breach of the same term, condition, or covenantor of any other term, condition, or covenant. 12) Severability: In the event any provision of this Agreement shall be held to be invalid and unenforceable, the other provisions shall remain valid and binding. 13) Acceptance and Modification: This document contains all terms of the parties' agreement concerning the services described on this document or other related documents. It may not be modified, added to, amended, superseded or waived, except in writing by EAI's authorized representative. Client may accept this document by acknowledging or confirming it, or by accepting any performance, partial or complete, by EAI. Reference by EAI to any purchase or work order number supplied by Client shall be for accounting identification purposes only and shall have no other legal effect.This document shall be binding upon successors and assigns of the parties. Evergreen Analytical Laboratory Date: 22 -Mar -02 CLIENT: Marc Bassett Project: Lab Order: 02-1272 CASE NARRATIVE SAMPLE RECEIVING Samples were received in good condition within method specified holding times. Custody seals were present and intact. Water samples requiring preservation were received at acceptable pH levels. The temperature of the sample(s) upon arrival was 15 °C. The location of sample collection was not provided by the client. JD CLIENT SERVICES The samples were not relinquished by the client. AKD GENERAL CHEMISTRY There are no anomalies to report for this work order. MM 1 of 1 Evergreen Analytical Laboratory 4036 Youngfield Street Wheat Ridge, CO 800333862 Phone: (303) 425-6021 FAX: (303) 425-6854 Subcontractor: Adams Laboratory 1570 Roslyn Street Denver, CO 80220 TEL: (303) 399-3215 FAX: (303) 399-3215 CHAIN -OF -CUSTODY RECORD PO# 020294 1 Page 1(rt 13 -Mar -2i 02 EAL ID 02-1272-016 Sample ID 1202 Cotton Matrix Collection Date Bottle Type Requested Tests COLMF_SU T i Water 12 -Mar -2002 COL 1 Results Required By: 3/27/2002 SPECIAL INSTRUCTIONS Rush Services (For extra fee): Direct your questions to: Carl Smits YES NO " Comments: Please FAX and mail results to: Carl Smits Method of Shipment: QSD Relinquished by: (Signature) Relinquished by: (Signature) Received by: (Signature) Received by: (Signature) T Date/Time To: Carl Smits Evergreen Analytical Inc. 4036 Youngfield St. Wheat Ridge, CO 80033 Methods: Sample Identification Adams Laboratory 1570 Roslyn St. Deriver, CO 80220 March 14, 2002 Sample Receipt Date: 03-13-02 Time: 1:55 PM Sample Analysis Date: 03-13-02 Time: 2:03 PM Analysis Completed Date: 03-14-02 Time: 1:15 PM Sample ID: 02-1272-01B Analysis Results Sample Date Collection Total Coliform Time mF / 100m1 _ 02-1272-0113 3/12/02 1230 < 1 (Absent) Standard Methods for Examination of Water and Wastewater, 19`h Edition. 9222 B Membrane Filtration Analyzed by: "--(-)p--.;. . .�� Date: 31/y IC, z— (303) 425-6021 Nitrate Anions by IC Method Number : E300 Client Project ID : Date Received : 03/13/2002 Lab Work Order : 02-1272 Date Prepared : 03/13/2002 Units : mg/L Lab Sample ID Client Sample ID Sample Matrix Sample Analysis Dilution Sample Reporting Date Date Factor Result Limit 02-1272-01A 202 Cotton Water 03/12/2002 03/13/2002 1 4.1 0.25 MBlank Analyst 03/13/2002 1 U 0.25 Definitions: U = Undetected a the reporting limit. Approved 3/15/1002 5:29:27 PM 4036 Youngfield St. Wheat Ridge, CO 80033 (303) 425-6021 Analysis Report Date Sampled : 03/12/02 Client : Mark Bassett Date Received : 03/13/02 Lab Project Number : 02-1272 Date Prepared : 03/18/02 Matrix : Water Date Analyzed : 03/18/02 Method : Standard Method 2540 D Evergreen Client Total Suspended Sample # Sample LD. ,Solids 02-1272-01 202 Cotton <5.0 %.----,A.,..,2:51"-.=. n alyst Approv d . -q.n. s.u,.i ■ii■ 1.11.■ 11■ IS11•: ■■IR1 1111 1111 552809 12/84/2001 10:07A B1307 Pa5 M ALSDORF 1 of 10 R 50.00 D 0.00 GARFIELD COUNTY CO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ("Declaration") is made this )51 -day of September, 2001, by the owners of Lots 2, 3, 5, 8, 9 and 11 of the Cottonwood Hollow Subdivision located in Garfield County Colorado as those owners are described below, referred to hereinafter as "Owners," whose legal address is shown below. WHEREAS, Owners are the owner of lots of real property situated in the County of Garfield, State of Colorado, more particularly described and depicted as Lots 2, 3, 5, 8, 9 and 11 Cottonwood Hollow Subdivision as shown on that final plat recorded with the Garfield County Clerk and Recorder at Reception No. 514,1 brj , and identified by name below; and WHEREAS, Owners have entered into certain agreement for the purchase of water from the Carbondale Land Development Company and the Basalt Water Conservancy District and obtained a final decree of the Water Court, Water Division No. 5, for said additional water in Case No. 00CW136; and WHEREAS, it is the purpose and intent of this Declaration to subject each and all of the lots named herein to the covenants, conditions and restrictions hereinafter set forth, for the mutual benefit of all the Owners, and for the benefit of their respective heirs, descendants, executors, successors, assigns, grantees, mortgagees and tenants. NOW THEREFORE, Owners hereby make, declare and establish the following covenants, conditions and restrictions (the "Covenants") that shall apply to all of the lots described also known as Lots 2, 3, 5, 8, 9 and 11 of the Cottonwood Hollow Subdivision. From this day forward, said lots shall be held, sold and conveyed subject to these Covenants. 1. Homeowners Association. The owners of all lots described herein are required to be a member and participate as a part of the Cottonwood Six Homeowners Association. The Cottonwood Six Homeowners Association may be an Unincorporated Home owners Association created pursuant to section 7-30-101 et. seq. C.R.S. 1999 or incorporated nonprofit association. The Home owners Association may prepare and adopt Rules and Regulations as it believes necessary to implement, enforce and carry out these covenants and perform other duties and obligations as it may deem appropriate and necessary. 2. Purpose of HOA. In addition to the Water Augmentation Plan for the Cottonwood Ilollow Subdivision as decreed to Case No. 80CW359 the Cottonwood Six have obtained a water decree to allow for certain additional uses of water for their lots. This Declaration only applies to the uses as decreed in Case No. 00CW136 and does not prohibit or other wise affect the uses of the same wells and of other wells decreed in Case No. 80CW359 as may be amended in Case No 00CW036 or subsequent cases. 3. Decreed Uses. In Case No. 00CW136 water has been approved for: • id..'�LUU.7 AL/ V9/ LVUA at/ tri PIU( r"7 i0 11 R6.7UVRr 2 of 10'R 50.00 D 0.00 GARFIELD COUNTY CO DDeclaration of Covenants, Conditions & Restrictions Cottonwood Six Page 2 (a) one (1) caretaker or additional unit upon each lot, including 2500 square feet of irrigated area; (b) Lots 8, 9 and 11 are also approved for a pond to be constructed on such lot. The pond size, surface area, shall not exceed 1500 square feet each on Lots 8 and 9 and 2000 square feet on Lot 11 (c) Lots 2 and 11 shall have additional lawn irrigation of 2500 square feet each. 4. Ownership and Use of Wells and Appurtenant Facilities. The Cottonwood Six Homeowners Association will own the water rights decreed to Case No. 00CW136 and the augmentation water supply contracts with BWCD and CLDC for the benefit of the owners of all Lots. The individual lot owners shall own his individual well, the pennit therefore, the pump and pipelines which service their property and any individual storage tank and pipelines, the pond and pond water rights each has individually decreed. 5. Operation, Maintenance and Repair Costs. All operation, maintenance, replacement and repair costs associated with any well, the pump, meter, storage tank and associated facilities for the withdrawal of water from the wells or from any pond shall be the sole responsibility of the Lot Owner such services. The Homeowners Association shall not be responsible to pay any of the costs of any maintenance, operation, repair, replacement, or. improvement of any facility other than the cost of the contracts. 6. Basalt Water Conservancy District and CLDC Contracts. A Basalt Water Conservancy District (BWCD) Contract and a Carbondale Land Development Company Contract (CLDC) has been obtained and is in full force and effect providing augmentation water for the use of the six wells for uses as set forth in Case No. 00CW136. The Homeowners Association shall pay all costs of said contracts on an annual basis and shall abide by the terms and conditions of said contract. The contracts shall be owned by the Homeowners Association. All owners shall be required to pay their pro rata share regardless of water use. 7. Use of Water. Owners shall be entitled to use water from its respective well for the purposes as set forth in the final decree entered in Case No. 00CW136. No Owner shall waste water or do anything that would jeopardize the Homeowners association or the other Owners ability to use water as decreed in Case No. 00CW136, and each owner shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of the Well. 8. Payment of Common Expenses. Each lot owner shall pay its proportionate share of common expenses within 30 days from the time a statement of expenses is presented for payment. In the event an lot owner fails to pay its share within 60 days of presentment, interest on the unpaid amount shall accrue at 10 percent per annum, beginning 60 days from presentment. In the event a party fails to pay any amounts due with interest thereon, within six months from the date of Cottonwood Six -Covenants -1 September 10, 2001 3 of 10.R 50.00 0 0.00 GARFIELD COUNTY-6o-- Declaration OUNTYCODeclaration of Covenants, Conditions & Restrictions Cottonwood Six Page 3 presentment for payment, the lot owner which has paid such costs and expenses shall be entitled to pursue any remedy available at law or in equity for a breach of this Agreement, and shall be entitled to reasonable attorneys' fees actually incurred to obtain and execute upon a judgment for collection. Other enforcement remedies may be taken by the Homeowners Association as allowed of by law and any duly adopted homeowners association documents. 9. Enforcement. The Homeowners Association described herein shall have the right to prosecute any action for injunctive relief and for darnages by reason of any violation or threatened violation of these Covenants. The prevailing party in any such action shall be entitled to an award of its reasonable costs and attorneys' fees, which shall be deemed to have accrued on the commencement of such action and shall be enforceable whether such action is prosecuted to judgment or not. 10. Amendment of Covenants. These Covenants may not be modified, amended, rescinded, cancelled or terminated, in whole or in part, except upon the written consent of the owners of a majority of the lots affected by these covenants. Such consent shall not be unreasonably withheld by any owner and shall be set forth in a written instrument recorded in the office of the Clerk and Recorder for Garfield County, Colorado. For this purpose, the holders of the majority of the lots shall mean the owners of at least 4 (four) of the 6 (six) lots described herein . 11. Duration of Covenants. Unless otherwise cancelled and/or terminated in accordance with the terms of these Covenants, these Covenants and any amendments hereto, shall remain in effect in perpetuity. 12. Applicability. These Covenants shall run with and burden the land described in Exhibit A, and shall be binding upon all persons or entities having any right, title or interest in all or any portion of the lots therein, including Owners, their successors, assigns, descendants, tenants, employees, guests and invitees. These Covenants shall inure to and are imposed for the benefit of all present and future owners of the named lots. 13. Severability. The invalidation of any portion of these Covenants by judgment, court order or otherwise shall not affect the validity of any of the other provisions herein. 14. Interpretation. The headings for the paragraphs herein are for reference only and are not part of , and shall not define, limit, amplify, change or alter any term, covenant or condition herein. For the purposes of these Covenants, the neuter gender includes the feminine or masculine, and the singular number includes the plural, and the word "person" includes a natural person as well as any legal and/or statutory entity. No failure to enforce any right established in these Covenants shall be deemed a waiver of a subsequent enforcement of such right. These Covenants shall be construed so as to give validity to all of its provisions. It is not the intent of the Declarant to create or establish hereby a common interest community under Cottonwood Six -Covenants -1 September 10, 2001 7'4OUW a6/04/4QUL aU' :nrp csAolrr r.7ao rl HI UVI'[r 4 of 10 'R 50.00 D 0.00 GPRFIELD COUNTY CO Declaration of Covenants, Conditions & Restrictions Cottonwood Six Page 5 STATE OF COLORADO ) ss. COUNTY OF GARFIELD OWNERS OF' LOT 5 Russell Fritz and Pam (Beltramo) Fritz 4972 County Road 113 Carbondale, CO 81623 13y By Acknowledged, subscribed, and sworn to before the this day of September, 2001, by Russell Fritz and Pani Fritz. WITNESS my hand and official seal. My Commission expires: STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Acknowledged, subscribed, and sworn to Erin Bassett. WITNESS Cottonwood Six -Covenants -1 September 10, 2001 Notary Public OWNERS OF LOT 8 Marc and Erin Bassett 0202 Cotton Hollow Lane Carbond. e CO 81623 By By 166ca-- CYTWor before me this ‘c.,) day of September, 2001, by Marc and and official seal. My Commission expires: niy hand ‘C -\:),HJ\ Nk9-k KA\ n(‘%), Notary Public My Commission Expires 09/11/2004 5 of 10.R 50.00 D 0.00 GARFIELD COUNTY CO Lleclaratlon 01 Covenants, Conditions & Restrictions Cottonwood Six Page 6 OWNERS OF LOT 9 Barry and Atte Till 0206 Cotton Hollow Lane Carbondale, CO 81623 By ' By • u 3u STATE OF COLORADO ) ,\`1��:,„ -...%) rfy7rr:'r`'':w. COUNTY Of GARFIELD ) _'= 1. �Y' ��. 'r .. ''''''''''‘147-1C)):: a, Acknowledged, subscribed, and sworn to before nre this •day of .11'5::0:1:):,...'11,":".1:"� 01.:01 B� rry ill. WITNESS my hand and official se. My Co i•ix�i iota ''expites`;: y rs/' �� 3rd �`� % ;%,;;,,, S f13� W. eat Notary Publi OWNERS OF LOT 11 Allen M. and Tei -i Harrelson 0168 Cotton Hollow Lane Carbondale, CO 81623 By By STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Acknowledged, subscribed, and sworn to before me this day of July, 2001, by Allen M. and Teri Harrelson. WITNESS my band and official seal. My Commission expires: Notary Public. Col Millwood Six -Covenants -1 October 5,200 6 of 10 R 50.00 D 0.00 GARFIELD COUNTY CO Declaration of Covenants, Conditions & Restrictions Cottonwood Six - 1; _ Page 6 ;'' JILL R. W NrL1NG 3 OWNERS OF LOT 9 O ' Barry and Jane Till �'�••. •Q_4'� 0206 Cotton Hollow Lane Op�GO ,,i Carbondale, CO 81623 • My Commission Expires 0612212005 STATE OF COLORADO ) ss. COUNTY OF GARFIELD By ,- ` By Acknowledged, subscribed, and sworn to before me thialay of--J+rlq; 2001, by Jane T / / • and B411. WITNESS my hand and official seal. My Commission expires: STATE OF COLORADO ) ss. COUNTY OF GARFIELD OWNERS OF LOT 11 Allen M. and Teri 1 -Harrelson 0168 Cotton hollow Lane Carbondale, CO 81623 By By Acknowledged, subscribed, and sworn to before me this day of July, 2001, by Allen M. and Teri Harrelson. WITNESS my hand and official seal. My Commission expires: Notary Public. Connie vood Six -Covenants -1 October 5, 2001 iLOWW, iLfJ.tILVVL £U.vrnrr�.rra r v... 7 of 10 R 50.00 D 0.00 GARFIELD COUNTY CO Declaration of Covenants, Conditions & Restrictions Cottonwood Six Page 4 Colorado law, including but not limited to Article 33.3 of Title 38 of the Colorado Revised Statutes, as may be amended. IN WITNESS WHEREOF, the Owners have executed this Declaration of Covenants, Conditions and Restrictions on the date first written above. STATE OF COLORADO ) S5. OWNERS OF LOT 2 Stephen M. Heinig and Karen Ann Olson 090 Cotton Hollow Lane Carbondale, 0 816 By By /D. .10 �r COUNTY OF GARFIELD ) DIANE -}n zL� .WARINNER g y Acknowledged, subscribed, and sworn to before me this a of September 2001, by Stephen :'o°,. M. Heinig and Karen Ann Olson. WITNESS my hand and official seal. My Commission expiresti ;:r+ Q Notary Public OWNERS OF LOT 3 Arthur 0. and Janice K. Forbes 1493 County Road 106 Carbondale, CO 81623 By By STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Acknowledged, subscribed, and sworn to before me this day of September, 2001, by Arthur 0. and Janice K. Forbes. WITNESS my hand and official seal. My Commission expires: Notary Public Cottonwood Six -Covenants -1 October 5, 2001 8 of 10 R 50.00 D 0.00 GARFIELD COUNTY CO Declaration of Covenants, Conditions & Restrictions Cottonwood Six Page 4 Colorado law, including but not limited to Article 33.3 of Title 38 of the Colorado Revised Statutes, as may be amended. IN WITNESS WHEREOF, the Owners have executed this Declaration of Covenants, Conditions and Restrictions on the date first written above. OWNERS OF LOT 2 Stephen M. Heinig and Karen Ann Olson 090 Cotton Hollow Lane Carbondale, CO 81623 By By STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Acknowledged, subscribed, and sworn to before me this day of September 2001, by Stephen M. Heinig and Karen Ann Olson. WITNESS my hand and official seal. My Commission expires: STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Notary Public OWNERS OF LOT 3 Arthur 0. and Janice K. Forbes 1493 County Road 106 Carbondale, CO 81623 By j'"*". 1 Acknowledged, subscribed, and sworn to before me thisday of September-; 2001, by Arthur 0. and Janice K. Forbes. WITNESS my hand and official seal. My Commis Cottonwood Six -Covenants -1 November 7, 2001 Notary Public My Commission Expires 09/11/2004 9 of 10 R 80.00 D 0.00 GARFIELD COUNTY CO Veetaratlon of Covenants, Conditions & Restrictions Cottonwood Six Page 5 STATE OF COLORADO ) COUNTY OF GARFIELD ) Ss. OWNERS OF LOT 5 Russell Fritz and Pam (Beltramo) Fritz 4972 County Road 113 Carbondale, CO 81623 Acicno li 4 ed, subscribed, and sworn to before me this day ofd, 2001, by Russell FkyS t leo,Fritz. WITNESS my hand and o ciat seal. My Coy mission_ expires: ii ---t :I--- ., �- )� - to., � ;; . o ..• . ^ ,,,,;(.4‘. 0.�'t.i\\\. 111111 /111.101s" . STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) of try I'it 1ic OWNERS OF LOT 8 Marc and Erin Bassett 0202 Cotton Hollow Lane Carbondale, CO 81623 By By Acknowledged, subscribed, and sworn to before nye this day of September, 2001, by Marc and Erin Bassett. WITNESS my hand and official seal. My Commission expires: Notary Public ('nllomvood Six -Covenants -1 October 5, 2001 4,Lt co -r t &AM, AV ;Urn D LJV rt ri Hi_auvrcr 10 of 10 R 50.00 D 0.00 GARFIELD COUNTY CO 11,2chiiifion r)1 .ovcnnr1K Rer,0 Collfm.o. rind !-',1% (") AVI\MI<S (.)17 1,01' 9 llmuy :1 -m -re, Till 02(16 1'L)H011 1 lollow Lam: (.:() 81623 ki)C-I3ISLU) ,• fly ' fly ,c1'A.1E{.)r ("()1 ()RAD() ) ) ss. (U1 INT). OF (.;./.11F1F1,1) ) -‘c. Fli-,-. i i--• ,•,--/ 1C' , --, 13; iry Till. \\11'1.NIS iny 11;irid mid (dlic:in1 sear ilulciiiiwIrdgc(1., s11)scribcd, ;111(1 MOM' to 1)L101"C MC (111S..6 ,L__.) d;ty of ,1111Y-IL'.2(10:(, ))3, - ---- / My Cex oif Iri)siciti pty.g: /.)-- ...........:::,.......„ ,..._._ ....---- ' /7 / /- , Holm y l'iihlie. r ; III L. . 1 7 .(.;-1ATF.()F ) ss CHHNII( )1; (;/\ p NI 1) ()\VN.11IZS ()I1,()T 11 Alien NI. ;14-}. 0168 Colloii 1 lollmv Lane (.:mkondule, (..0 81623 Ily fly a Digaid2L AchiLiwledged, suksciihed, ;111(1 %worn 10 lg.:lure rue [his chy of .1111y, 20(11, ky Allen 1\1 wid----Feti--1-Itittcrlm. WITINIESS ply 'hand ;Hid o1flciiI seal. f\'ly Commissiou expires: IIri ,,,t1 Si'. 1 11, I{ 511(.1 •)11(11 0J) atCittrUU\ Nokiry My Commission Expires 09/11/2004 KURTZ & ASSOCIATES, INCORPORATED 5012 County Road 154 Glenwood Springs, CO 81601 To: Garfield County Buildin Dg epment c/o: Marc.Bassett-gtum4—, 202 Cotton Hollow Lane Carbondale, Co. 81623 RE: Bassett Shop/ Accessory Dwelling Unit 202 Cotton Hollow Lan; Garfield County, CO Dear Gentlemen; Structural Consultants Phone (970) 945-6305 Fax (970) 945-1093 RECEIVED OCT 2 !} A? GARFIELD COUNTY BUILDING & PLANNING October 24, 2002 Brian Kurtz, P. E. of our office performed a structural inspection of the noted structure on October 10, 2002. The shop/ accessory dwelling unit (ADU) is a one story, wood framed structure constructed over a walk -out basement with cast -in-place concrete foundation walls. We understand that the structure was constructed approximately 10 years ago. We also understand that the structure was originally constructed as an agricultural building without the benefit of a formal set of construction documents or a building permit. The purpose of this structural inspection and report is to verify the structural capacity of the structure at this point in time. To supplement my observation of the completed structure Mr. Bassett provided `as -built' drawings which he had commissioned. These drawing are dated 08/05/02 and depict existing framing and foundation conditions, I understand that Mr. Bassett contacted the original builder to verify foundation information that was not readily available via a visual inspection. Brian Kurtz was able to observe the roof framing system from the attic, and the main level floor framing from the basement level. . STRUCTURAL DESCRIPTION In plan, the structure is 'T' shaped: the main wing measures approximately 31'-0" north -south by 20'-0" east -west. attached to this, the east wing, on the main level, measures 14'-0" north -south by 1 1'-0" east -west. The basement level floor for the entire structure is a cast -in-place, concrete slab on grade. Perimeter foundations on the east side of the main wing and on three sides of the east wing consist of 6" thick by 8'-O" high continuous concrete foundation walls bearing on continuous 10" thick by 16" wide concrete footings. The concrete foundation walls were formed with stay -in-place, Styrofoam forms. I understand that the basement wall reinforcement consisted of # 4 rebar spaced at 18" on center each way, that footing -to -wall dowels consisted of #4 dowels spaced at 18" on center, and that continuous footing reinforcement consisted of (2)- # 5's. I understand that the 28 day concrete compressive strength for the project was 3000 PSI 2 Boulder retaining walls on the north and south side of the structure facilitate the transition to a walk -out basement on the west, north and south sides of the main wing. The exact amount of frost protection at the walk -out portion of the main wing has not been verified. The roof framing for each wing consists of 2x8 rafters and 2x6 ceiling joists , spaced at 2'-0" on center. Roof pitches in each wing are 6 over 12. In each wing the ceiling joists and rafters are placed parallel and adjacent to one another, and at the bearing walls each ceiling joist is nailed to the adjacent rafter, so that the rafter and joist act as a truss. The trusses in the main wing span 20'-0" east -to -west. The trusses in the east wing span 14'-0" north -to -south. Ali of the roof framing appeared to be in good condition: there was no sign of excessive movement or deflection, and no sign of distress or deterioration. Based upon a truss analysis and their condition, the trusses appear to be structurally adequate to support a design snow load of 40 PSF plus dead load of 10 PSF. In the attic two of the 2x8 rafters in the main wing were `headed off' to create a 6'-0" wide access to the east wing attic. The header at this location is supported by single 2x8 rafters. These two individual rafters are overstressed when subject to the full design roof load. I recommended that they be strengthened by adding posts beneath each rafter adjacent to the header, and that each post be supported by a 6x6 by 4'-6" long `stiff -back' beam bearing on, and placed parallel to the ceiling joists. Floor joists for both wings consists of Douglas -Fir Larch No. 2, 2x12's spaced at 16" on center. In the main wing the 2x12's clear span 20'-0". In the east wing the 2x12's span 8'-'0" north -to -south and cantilever 3'-0" on each end to support the upper level exterior bearing walls. In both wings the 2x12 floor joists appeared to be in good condition. Based upon the allowable stresses for Douglas -Fir material available 10 years ago, the floor framing in each wing is structurally adequate to support a residential design live load of 40 PSF plus a dead load of 10 PSF. STRUCTURAL CONCLUSIONS Our office performed a load run-down to evaluate soil bearing pressures, and analyzed the roof and floor framing members. The structural system as described in the previous section of this report is structurally adequate to support the dead load of the building plus a design roof snow load of 40 PSF plus and floor live load of 40 PSF with one exception: the header support rafters in the attic should be supported as described. The structure as constructed, in our professional opinion is also adcquate.to resist a design wind load for Exposure B with a basic design speed of 80 MPH. Please be aware that this report is limited in scope to those conditions which are readily observable and related to the building structure. By its nature, a one-time inspection cannot determine areas of active movement or the age of any previous movements. If you have any questions, or require further information, please feel free to contact us. Sincerely, Kurtz & Associates, Inc. Brian J. Kurtz, P.E. * * INDEPENDENCE * * Title & Escrow Company, LLC - - ■ i -w vrll] 1LI 4112 EyT-2 OT) sSEI Glenn M. Harsh 0222 Bobcat Lane Redstone, CO 81623 RE: Cottonwood Hollow Subdivision Dear Glenn: Phone (970) 384-2023 Fax (970) 384-2024 January 8, 2002 I have completed the research that you requested concerning the ownership of severed mineral ownership in connection with Cottonwood Hollow Subdivision. The general index was searched and the following parties have interests in severed minerals: The United States of America Bureau of Land Management 50629 US Highway 6 & 24 Glenwood Springs, CO 81601 (Current address) Charles P. Renftle and 'ma Renftle, also known as Ima Mae Renftle (No address of record) g k4s.n� Copies of the instruments creating and/or conveying the mineral interests are attached for your review. Please feel free to call me if you have any questions concerning this or if I can be of any assistance at all. Thank you for giving Independence Title & Escrow Company the opportunity to be of service. Darin R. Axthelm Owner 214 Eighth St., Suite 204 • Glenwood Springs, Colorado 81601 March 15, 2002, Mark Bassett 292 .Cotton HollowLn Carbondale, CO 81623 �ttn: Mark. - 3 March 8, 2002 awell test was -conducted a a well on the Bassett property on 202 _Cotton o11ow l .n The fallowing osr ation-was obtained, -Welt Depth'• 110;:( .Cas g'S e (top). Standing water level" 54' -,5" • ,Total test time r ,Drawdown to.3 Production's equal to - -- --. 'tris test was conducted with 1 suhztte stole t mp and e tpment. The e • • recovered hack t0 - 0 55'" in -10 M ii ,This wellwilt prodceu;11520 allon* per nay _; well will produce a .ough_� ater for twa residr.ences Ifyoul ave any questions please ca me, Raun Sanuelson'at:970.945-6309 'merely; Raiz E Sainiuelson Samuelson Wimp Co. P O..8ox 297_. 'Glenwood Springs, CO 81602 • (970) 945-6309 • Fax (970)'.947-94A8' Water Systems • Sales, Service ,& 1 tsfallatior) 10-30-01 Amendments to the Covenants of Cottonwood Hollow Subdivision Lot 8 shall be allowed to have an accessory Dwelling Unit grandfathered in, subject to the following conditions: 1. The usable living space is less than 800 square feet. 2. The unit shall be rented only when the owners are residents as defined by the TRS. 3. There is parking adjgcent, to the unit. 4. Renter occupants shall be limited to a total of three, two of whom may be over 18. 1, ,as owner of Lot * Cottonwood Hollow Subdivision agree to approve the above Amendment. (Signature) GWS -25 APPLICANT COLORADO DIVISION OF WATER RESOURCES" ' 11" I 1 tial VVI - 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 EMT WELL PERMIT NUMBER 56071 -F DIV. 5 WD 38 DES. BASIN MD Lot: MARC & ERIN BASSETT C/O CALOIA & HOUPT PC 1204 GRAND AVE GLENWOOD SPRINGS, CO 81801- 8 Block: Filing: Subdiv: COTTONWOOD HOLLOW (970) 945-6067 CHANGEIEXPANSION OF USE OF AN EXISTING WELL APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 SW 1/4 Section 12 Township 7 S Range 88 W Sixth P.M. DISTANCES FROM SECTION LINES 1584 Ft. from South 1056 Ft. from West Section Line Section Line UTM COORDINATES Northing: Easting: 2) 3) 4) 5) 6) 7) 8) s) 10) 11) ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material Injury to existing water rights. The issuance of this permit does not 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. The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. Approved pursuant to CRS 37-90-137(2) for the expansion in use of an existing well, identified as the Bobcat Ridge Estates Well No. 8 (also operating under permit no. 31771-F, Expired) on the condition that this well is operated In accordance with the 1111, Bassett, Harrelson, Fritz, Heinig/Olson and Forbes (aka Bobcat Ridge Estates) Augmentation Plan approved by the Division 5 Water Court in case no. 00CW136. If this well Is not operated in accordance with the terms of said decree, it will be subject to administration including orders to cease diverting water. Approved as a well servicing a residential site of 5.0 acre(s) described as lot 8, Cottonwood Hollow Subdivision, Garfield County. Further Identified as, 202 Cotton Hollow Lane, Carbondale, CO 81623. The use of ground water from this well, diverted under this permit, Is limited to ordinary household purposes inside one (1) single family dwelling, and the irrigation of not more than 2,500 square feet of home gardens and lawns. Such use is in addition to the uses which are already decreed In Water Court case nos. 80CW359 for the Cottonwood Hollow Subdivision (Bobcat Ridge Estates Wells). The maximum pumping rate of this well shall not exceed 15 GPM. The maximum annual amount of ground water to be appropriated shall not exceed 0.53 acre-feet. The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is retumed to the same stream system in which the well is located. The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. This well shalt be located not more than 200 feet from the location specified on this permit. NOTICE: This permit has been approved for the use and annual appropriation as noted above and decreed in case no. OOCW136 . This well has two (2) priorities and needs two (2) permits. The original permit application requested two priorities be issued under one permit which could not be approved. A new permit application is needed for the first priority in this well, as permit no. 31771-F was expired 08/16/89. You are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty (60) days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through 106, C.R.S.) NOTE: The permitted and decreed location places this well on lot no. 4, Cottonwood Holtow Subdivision. NOTE: Expired permit no. 31771-F, was previously issued for this lot. 12-'1— NOTE: Parcel Identification Number (PIN): 23-2393-123-02-008 ( ( NOTE: Assessor Tax Schedule Number: 111560 APPROVED DMW INN .461— ` A . State Engineer JUL 212001 B EXPIRATION DATIJUL 212002, Receipt No. 9500395 DATE ISSUED ivnn ,w. 1 GWS -25 APPLICANT V■ 1 1 v• \ ■ ■r. V ■r-1■ •.ry•.MY•iMMImi•111 COLORADO DIVISION OF WATER RESOURCES I 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 CQY 95 MARC & ERIN BASSETT 202 COTTON HOLLOW LANE CARBONDALE, CO 81623- (970) 945-1278 PERMIT TO USE AN EXISTING WELL WELL PERMIT NUMBER 56089 -F DIV. 5 WD 38 DES. BASIN MD Lot: 8 Block: Filing: Subdiv: COTTONWOOD HOLLOW APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 SW 1/4 Section 12 Township 7 S Range 88 W Sixth P.M. DISTANCES FROM SECTION LINES 1490 Ft. from South Section Line 1410 Ft. from West Section Line UTM COORDINATES Northing: Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this 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 cMI court action. 2) The construction of this well shall be In compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Instaliation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the use of an existing well, identified as Bobcat Ridge Estates Well No. 8 (also operating under permit no. 56071-0 on the condition that this well is operated in accordance with the Ora W. and Norma N. McVey Augmentation Plan approved by the Division 5 Water Court in case no. 80CW359. If this well is not operated in accordance with the terms of said decree, it will be subject to administration including orders to cease diverting water. 4) Approved as the only well on a tract of land of 5.0 acres described as lot 8, Cottonwood Hollow Subdivision (formerly Bobcat Ridge Estates), Garfield County. 5) The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling, the irrigation of not more than 1,000 square feet of home gardens and lawns, and the watering of one (1) horse. 6) The maximum pumping rate of this well shall not exceed 15 GPM. 7) The maximum annual amount of ground water to be appropriated shall not exceed 2.0 acre-feet. 8) The return flow from the use of this well must be through an Individual waste water disposal system of the non -evaporative type where the water Is returned to the same stream system in which the well is located. 9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 10) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 11) This well shall be located not more than 200 feet from the location speed on this permit. NOTE: This well Is Identified as Bobcat Ridge Estates Well No. 8 which has two (2) priorities and operates under two (2) permits. This permit is for the frist priority as approved by the Division 5 Water Court in case no. 80CW359. The second priority for this well is to be operated in accordance with the Till, Bassett, Harrelson, Fritz, Heinig/Olson and Forbes (aka Cottonwood Hollow HOA) Augmentation Plan approved by the Division 5 Water Court in case no. 00CW136 and permitted for use under permit no. 56071-F. NOTE: Expired permit no. 31771-F, was previously issued for this lot. 71-1/4_ ',tr.- NOTE: Parcel Identification Number (PIN): 23-2393-123-02-008 NOTE: Assessor Tax Schedule Number: 111560 APPROVED DMW Receipt No.9500810 State Engineer AUG z8 2001 DATE ISSUED !� 7ti, �� K By XPIRATION DATEAUG 2 8 200Z GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT 109 8th Street Suite 303 Glenwood Springs, Colorado 81601 Phone (303) 945-8212 INDIVIDUAL SEWAGE DISPOSAL PERMIT 11141 Owner • Le This does not constitute a building or use permit. System Location Licensed Installer Conditional Construction approval is hereby granted for a /000 Septic Tank or Aerated treatment unit. Absorption area (or dispersal area) computed as follows: gallon Perc rate of one inch in / 7 minutes requires a minimum of 9q ft of absorption area per bedroom. Therefore the no. of bedrooms 3 xsq ft mini93um requirement = a total of sq ft of absorption area. Gc TL i ice ,9D1 7Q --)r- n0 (- rfra je 6--rr`r eer- / Y coxa e .(LiIF X//io X3/deep May we suggest: Date FINAL APPROVAL OF SYSTEM: Inspector No system shall be deemed to be in compliance with the Sewage Disposal Laws until the assembled system is approved prior to cover- ing any part. // 6 d 0 Septic Tank access for inspection and cleaning within 12" of ground surface or aerated access ports above ground surface. Proper materials and assembly. Trade name of septic tank or aerated treatment unit. r I )( 1 d it _ Adequate absorption (or dispersal) area. Adequate compliance with permit requirements. Adequate compliance with County and State regulations/requirements. Other Date - yv Inspector RETAIN WITH RECEIPT RECORDS AT CONSTRUCTION SITE *CONDITIONS: 1. All installation must comply with all requirements of the Colorado State Board of Health Individual Sewage Disposal Systems Chapter 25, Article 10 C.R.S. 1973, Revised 1984. 2. This permit is valid only for connection to structures which have fully complied with County zoning and building requirements. Connection to or use with any dwelling or structures not approved by the Building and Zoning office shall automatically be a violation of a requirement of the permit and cause for both legal action and revocation of the permit. 3. Any person who constructs, alters, or installs an individual sewage disposal system in a manner which involves a knowing and material variation from the terms or specifications contained in the application of permit comm its a Class I, Petty Offense ($500.00 fine — 6 months in jail or both.). Applicant: Green Copy Department: Pink Copy 1ER `� .4L___ - L / tE`SS . C% - c ) `a— e'e 7%'r7 dC 4 T � `' / S / 'RACTOR -� C.__ LESS PHONE IIT REQUEST FOR: ( New Installation ( ) Alteration ( ) Repair Ich separate sheets or report showing entire area with respect to surrounding areas, )graphy of area, habitable building, location of potable water wells, soil percolation t holes, soil profiles in test holes. (See page 4.) 4TI0N OF PROPOSED FACILITY: County r what City Y of Town 19-4f_< Lot Size al Description TES TYPE: (A. -VI -Dwelling ( ) Transient Use ( ) Commercial or Institutional ( ) Non-domestic Wastes ( ) Other - Describe LDING OR SERVICE TYPE: iber of bedrooms Number of persons ) Garbage grinder ( Automatic washer ( ) Dishwasher IRCE AND TYPE OF WATER SUPPLY: (L -4 -Well ( ) spring ( ) stream or creek fe depth of all wells within 180 feet of system: supplied by community water, give name or supplier: )UND CONDITIONS: )th to bedrock: yth to first Ground Water Table: f2' cent ground slope: '//e -J % STANCE TO NEAREST COMMUNITY SEWER SYSTEM: s an effort made to connect to community system? PE OF IND UAL SEWAGE DISPOSAL SYSTEM PROPOSED: ( Septic Tank ( ) Aeration Plant ( ) Vault ( ) Vault Privy ( ) Composting Toilet ( ) Recycling, potable use ( ) Pit Privy ( ) Incineration Toilet ( ) Recycling, other use ( ) Chemical Toilet ( ) Other - Describe: NAL DISPOSAL BY: ( ) Absorption Trench, Bed or Pit ( ) Evapotranspiration (-Underground Dispersal ( ) Sand Filter ( ) Above Ground Dispersal ( ) Wastewater Pond ( ) Other - Describe: LL EFFLUENT BE DISCHARGED DIRECTLY INTO WATERS OF THE STATE? Page 2 Minutes per inch in hole No. 1 Minutes per inch in hole No. 3 :Minutes per inch in hole No. 2 Minutes per inch in hole No._____ e, address and telephone of RPE who made soil absorption tests: e, address and telephone of RPE responsible for design of the system: licant acknowledges that the completeness of the application is conditional upon such ther mandatory and additional tests and reports as may be required by the local health artment to be made and furnished by the applicant or by the local health department for 'poses of the evaluation of the application;. and the issuance of the permi't.is subject to :h terms and conditions as deemed necessary to insure compliance with rules and regulations opted under Article 10, Title 25, C.R.S. 1973, as amended. The undersigned hereby certifies .t all statements made, information and reports submitted herewith and required to be emitted by the applicant are or will be represented to be true and correct to the best my knowledge and belief and are designed to be relied on by the local .department of health evaluating the same for purposes of issuing the permit applied for herein. 1 further under - Ind that any falsification or misrepresentation may result in the denial of the application revocation of any permit granted based upon said application and in legal action for per - as provided by law. to Signed EASE DRAW AND ACCURATE MAP TO YOUR PROPERTY Page 3 %t PLOT PLAN AND DESIGN FEATURES: Include by measured distance location of wells, springs, potable water supply lines, cisterns, buildings, property lines, subsoil drains, lake, water course, stream, dry gulch and show location of proposed system by direction and distance from dwelling or other fixed reference object, and additional submissions in support of this application such as data, plans, specifications, statements and commitments. Page 4 818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203 (303) 866-3581 RECEIVED AIS' 2 'O1 WATER RES()J CES STATE ENG M: ER. 01E NWOOil FOR INSTRUCTIONS, SEE REVERSE SIDE STATEMENT OF BENEFICIAL USE _ WELL PERMIT NUMBER % 71 "' i— 1. WELL OWNER NAME(S) lei`, &Z 1 0 jq sSE"T`l Mailing Address 020 . Cotton o l /Ow City, St. Zip C 14e6O AJ Q1&L.E- (! Phone (q.70 ) q- 2. WELL LOCATION: COUNTY 6 -A2.F EW OWNER'S WELL DESIGNATION Soi5cJ1T Ai De -se EsI PTE' W ELL AUn.. 8 do rM1or #-10Iln)(yi Caricocia LY 169 ,, (Address) A)ti) 1/4 of the (5C.0 1/4, Sec. 0, Twp. 71 0 N. or Ah 0 (City) S., Ranger • (State) (Zip) E. or Ig W. Sikl h P.M. Distances from Section Lines [F-1.- Ft. from ❑ N. or ® S. Line, /05p Ft. from ❑ E. or,E W. Line. 3. well is being used for the following pure (s): () 5 t n l Jew)! I d use 1 To; caesso se 11 i inu.ntf a5C�C g 41-- . Icy.. . ar -eivi rri , iOn 4. Water from the well was first used beneficially -- } under this permit number, for the above described purposes on _) LL L ki(21_. (Do not report a date which is before the issued date of this permit) 5. The pumping rate claimed is 15 3-r gallons per minute. 6. The average annual amount of water diverted is 0)53 acre feet. 7. The land area irrigated (watered) by water from this well is: d506 ❑ Acres or ,LI Square feet, (Number) described as: 5CLYY1 Q_ alp. M.., .• /� or as Ok1 tatici (Legal Description) j J j t(711DIl) Subdivision Lot(s) sg Block Filing/Unit 8. Well drilled by: S'h214on t . i i n tic. No: /095 . Pump installed by: (14/1 Known Lic. No: . 9. Meter Mfg. by 4-v he ' n ) lea_ Serial No.: Date installed: . (we) have read the statements made herein, know the contents thereof, and state that they are true to my (our) knowledge. [Pursuant to Section 24-4-104 (13)(a) C.R.S., the makini of false statements herein constitutes perjury in the second degree and is punishable as a Class misdemeanor. 10. Name/Title (Please type or print) r i n g Arsssrr 0 on er Sign t e ,. t, Date Y— 7-01 . FOR OF ICE USE ONLY • State EngineerBy Date Court Case No. Div. Co. - 3 WD 30 Basin MD Use RULES FOR COTTONWOOD SIX HOME OWNERS ASSOCIATION At a meeting held on at which all of the owner/members of lots 2, 3, 5, 8, 9, and 11 were present. By unanimous approval by Resolution of the members of the Cottonwood Six Home Owners Association adopts the following Rules this day of , 2001. 1. In Case No. 00CW 136 water has been approved for; (a) one (1) caretaker or additional unit upon each lot, including 2500 square feet of irrigated area; (b) Lots 8, 9 and 11 are also approved for a pond to be constructed on such lot. The pond size, surface area, shall not exceed 1500 square feet each on Lots 8 and 9 and 2000 square feet on Lot 11 (c) Lots 2 and 11 shall have additional lawn irrigation of 2500 square feet each. (d) These uses may be changed by agreement of any lot owners so long as the total number of units and irrigated area is maintained. Each individual lot owner shall be responsible to ensure that his well permit is valid and allows for the uses. 2. The Basalt Water Conservancy District and CLDC Contracts set forth a total number of acres feet and allocate a certain payment on a yearly basis. The costs shall be apportioned as follows Lot 2 CLDC 2 shares BWCD 17% Lot 3 CLDC 1.25 shares BWCD 17% Lot 5 CLDC 1.25 shares BWCD 17% Lot 8 CLDC 2.15 shares BWCD 17% Lot 9 CLDC 2.15 shares BWCD 17% Lot 11 CLDC 3.20 shares BWCQ 17% 12 shares 1 acre foot 3. The Cottonwood Six HOA shall use the address for Lot No. 8 as the Address for the Cottonwood Six HOA or 0206 Cotton Hollow Lane, Carbondale, CO 81623. The owner of said Lot shall be responsible to distribute copies of all correspondence received to the other owners. IN WITNESS WHEREOF, the undersigned Lot Owners have executed these Rules. By President of Cottonwood Six HOA Adopted ADDITIONAL RULES AND CLARIFICATIONS FOR THE COTTONWOOD SIX HOA 1. The address for the Cottonwood Six HOA shall be that of the duly elected president of the HOA. (The president is currently Stephen Heinig of 90 Cotton Hollow Ln., Carbondale, CO 81623.) 2. Payments will also include an additional $5.00/lot for each lot or an additional $15.00 per lot if an additional water using structure (ADU etc.) is in existence. 3. Officer(s)of the HOA are to be elected on an annual basis. If the president wishes to resign and no-one is elected to replace him/her he must entrust the responsibility to Sherry Calioa or another legal firm. He must provide the documents necessary for them to fulfill the dutys of president. The costs of such action shall be born equally by the lot owners. 4. The president shall forward the appropriate billing information, including the date payments must be completed and cleared by the bank, to each lot owner in a timely manner. 5. Payments shall be deposited in a HOA account and payments made to the Water Districts from this account. 6. An additional HOA fee of $5.00/yr/lot shall be payed into the HOA account until it is determined that there are adequate to cover incidental expenses. 7. If a lot owner fails to make timely payment, upon the due date the Hoa or another lot owner may assume the Water Right. and the accompanying responsibilities as their own, with no responsibility to return it to the original owner. If no one wishes to assume the right it shall be returned to the issuing agency. All responsibility for re - procuring the Right rests with the delinquent lot owner. 2/3