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Home My WebLink About1.0 ApplicationRECE'yEDSEP 2720rl1 GARFIELD COUNTY PLANNING DEPARTMENT 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Te lephone: 97 0 -9 4 5 -8212 Facsimile : 97 0 -3 84 -3 47 0 SubmittalDate: September 29, 2oOL Base Fee: $400.00 Applicanu warren Srulrs rrusr ?t/S-.]t/rt z -6rLr\, AddressofApplicant' 5829 cR 243, New castle Telephone: 984-2L59 Special Use BeingRequested: Assessory Dwelling Zone Districl. ARRD Size of Property:50 acres -+ Application Requirements: These items must be submitted with the aoplication Plans and specifications for the proposed use including the hours of operation, the 4mount of vehicles acce--ssipg the site on a daily, weekly and,/or monthly basis, and the size of -y exisiing or proposed structures that will be utilized in conjunction with the proposed use. Please submit this information in narrative form and be specific. If you will be using water or will be treating wastewater in conjunctipn with the proposed use, please detail the amount of water that would be used and the ty.pEp-f w4_s_t!yqtg-lt ggirnern If you will be utilizing well water, please attach a copy of the appropilaie weii permrl ind any other - legal water supply information, including a water allotment contract or an approved water augmentation plan. A map drawn to scale portraying your property, all structures on the property, and the County or State roadways within one (l) 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. A vicinity map, showing slope of your property, for which a U.S.G.S. 1:24,00b scale quadrangle map will suffice. A copy of the appropriate portion of a Garfield County Assessor's Map showing all public and private landowners adjacent to your property. lnclude a list of all properfy o*ni.s and their addresses. Attach a copy of the deed and a legal description of the property. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property o*n"i that you may act in his/her behalf. For all applications pertaining to airports, the oil and gas industry, power generation and/or transmission industry, or any other classified industrial operation, you must submit an impact statement consistent with the requirements of Sections 5.03, paragraphs I thru 3; 5.03.02; inclusive; and 5.03.08, inclusive. The consideration of this proposed Special Use will require at least one (1) public hearing for which public notice must be provided. The Planning Department will mailyou information conierning this hearing(s), approximately 30 days prior to the scheduled hearing. You will then be required to notifu, by certified retum receipt mail, all adjacent landowners and publish the notice provided by the planning Department, in a newspaper of general circulation. Both these notices must be mailed/published at least 15 days prior to the public hearing. The applicant shall bear the cost of mailing and publication and proof of mailing and publication must be submitted at the time of public hearing. this is complete and correct, to the best of my knowledge: Applicant:Date: 7'27'o) t thrce (3) APPLICATION Special Use Permit 2.) 3.) 4.) s.) 6.) 7.) sukrnittal-.of Cowrty Ad&itional Ocnmissioners OX{PLHIE sets of applicaticrr copies w:il-l be necressarlr when artd/or Planr:ing Ccnrnission. & supporbing infornation at appli-caticn ges to the Board o The information ***Please l.) SCHENK, KERST & deWINTBR, LLP A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW JOHN R. SCHENK DAN KERST WILLIAM J. deWINTER, III CAROLYN M, STRAUTMAN 302 EIGHTH STREET, SUITE 3 I O GLENWOOD SPRINGS, COLORADO 8160I TELEPHONE: (970) 945-2447 TELECOPIER: (970) 945-2440 March 27,2002 RECE/yED NAR2s2,,o2 Garfield County Planning Dept. 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Re: Warren Stults Trust Special Use Permit 5829 County Road 243, New Castle Ladies and Gentlemen: Pursuant to the Commissioners' approval of a Special Use Permit for the use ofthe existing older home at the above location as an accessory dwelling unit, I submit the following: Well construction and test report completed by Shelton Drilling (to clari$r, the owner's name is indicated as Alpha-Omega Institution, which is a non-profit entity which was assisting Warren Stults in completion of the well). A letter from Samuelson Pump Co. regarding a well test on the well. Report from Grand Junction Laboratories indicating no coliform bacteria in the well. Wayne Shelton informs me that since the well is an exempt well, no statement of beneficial use is available. A Building Permit Application for the renovation/remodeling of the old home has been submitted concurrently with this letter. As you know, the Special Use Permit was approved subject to our provision of certification of the ISDS septic system or installation of a new ISDS system by August 1,2002. Let know if an1'thing further is required for issuance of the Special Use Permit. 1. 2. aJ. DK/bg Encl. Feb OG Oe O5:O5p lrlagne Shelton s70 -927 -380 1 p.3 WELL CONSTRUCTION AF6 TEST REPORT STATE OF COI,ORADO, OFFTCE OF THE STATE ENGTNE,ER FOROFTICE USEONLY APPROVAL # GWS3 I.9I.O3 I WELL PERMIT NUMBER M:H-36274 2.Owner Name(s): Alpha Omega Institute Mailing Address: P.O. Box 4343 City, State, Zip : Grand Junction, Co. 81502 Phone# :() J.WELL L-QCATION AS DRILLED DT'TANCE* FR.M SECi;fr;f NE l/4 Nw ll4 Sec: 26 rovp: 4 S Range; et w ft. tom Sec. line and ft. from Sec. line OR Northing; Easting: SUBDMSION: LOT: BLOCK: FILING (UN|T): STREET ADDRESS AT LOCATION 4.GROUND SURFACE ELEVATION ft. DRILLINC METHOD Air Rotary DATE COMPLETEDT 611611999 TOTAL DEPTH: 69 DEflH COMPLETION: 69 5.GEOLOGIC LOG 6. HOLD DIAMETER (in)FROtvI (ft)To (t) Depth Tlpe of Material (Size. Color. and'Iwe)9.0 0 47 000-008 Dirt, Rocks 6.5 47 69 008-0 I 3 Sand 0 r 3-069 Boudlers, Cravels 7. PLATN CASINC OD (in)Kiill I \lhll Sizc From (ff)To (ft) 7.0 Stesl 0.240 I 37 PERF. CASING : Screen Slot Size 7.0 Steel .240 37 47 5.5 Steel .240 43 69 Water Located: 35 - 69 Remarks : L Filter Pack Material : Size : Interval : 9. Packer Placement Type : Depth : IO. CROUTING RECORD IUateriat Arnount Density lnterval Placcment cgment 3 sks 16 gal I 0-30 poured ll. DISINFECTION : T11pe : HTH Amt.Used: 2 oz. 12. WELL TEST DATA : ( ) Check Box If Test Data ls Submitted On Supplemental TESTING MET'HOD : Air Compressor Static Level : 34 ft. Pumping Level : Total ft. Test Remarks : Date/Tinre Measured 6/1611999 Date/TimeMeasured 6/16/1999 Production Rate 30 gpm Test length : 2 I ? I have rcad dx-sldemcnls mdq hlrEin fld-knsv thc mnttntr fiwof, aDd that ihey ffi trc to m) knmledgE. (Plms, to Scstim 244-l-4 {13)(a) CRS, the makingof fals statements'-' cursituto pe rjury in thc second degee md is pmisluble re a c'lrc I ini$tcmod ) CONTRACTOR : Shelton Drilling Corp. Phone : (970)927-4182 Mailing Address : P.CI. Box 1059 Basalt, co.81621 Lic. No. 1095 Name I Title (Please Type or Print) Wayne Shelton / President "'W[,'0,.,,^Date 7/sn999 ,-/2 I Feb 12 Oe 12:46p Samuelson Pump Co, Inc. 9?O-S4?-S448 p. 1oo SAMUELSOH PUMP CO. IT{G, P.O, BOX 297 WArER SYSTEMS GLENWOOD SPRINGS SALES. SEFVICE & INSTALLATION coLoFlADO 81602 945-6309 Novernber 20, 1999 Etrk Creek Ranch Alpha Olr:ega Inst. c/o Dave F{arper F.O. tsox 844 Pinedale, Wy. 82941 -0844 Attn: Dave sn Novernber 3, 1999 a weltr test was conducted on a new rvell on rhe EIk creek tr{.anch. 'x'he following information was obtained: Well depth ---gZ'-0, Casing size (top)- -----7"{steei) Standing lvater Ievel------ ----------68'-6' Max. drawdown @ 25 gpm.------ --6g,-1u Production i-s greater tiran----- ----ZS gprn. This test was conducted with a Gouxds rest pump lvlodel 1BEi5. Thre well rvas stable 25 gpm at 69'-tr". The drawdown woutrcl indicte a totaiproduction greater than 25 gpmr. The weil recovered back to 6g'-6" in g min. If you have any questions please caltr me, Raun Sarnuelson at 970-945- 6309. Sincerely; ,/ -/ -/- //rt- 1*"'tt- ' I t"' -...-)' Rar"ur Samueison O J.HN c. KE*HART & co. GflANI JUNIIION LABOflATOflIIS 435 NoRTH AvENUE 0 pxore: (97Or 242--r6la 0 Fax: <g7or 24g--r235 I Gnano JuNcrroN. coLoRADo atsol _ _ ANALYTICAT REPORT - Received from: ,:1:1,:,:,r-ll, ,:1.,r_ :;,..r'i:,,i. ? I t (.J i{ (.1 ..::-i} .i ii.iill+ i.l*ir:i1.. i. ri", " i.;tL 'ill i i::i.ii .;' Customer No. HT ''' i UI . _ ._. _t.. __. ---t{el t.. t1:'f Laboratory No.Sample j". i, i-." { Date Received .i".r .L / r.., .L Date Reported i:f,c:tllll..J .1. ts-l'.J / CJ-J I'la i n [.kil 1 {iC, .f 't ;lttlt31 6 At"l {-r r:r.i1 t:rii eit;,/ 1{-tt-tml sampl e*l-r.rt;i 1 ut:.L i J: fir- rr-r Ertrr: {: r-.r' i "r I'Ji:iinf:i r arr e F::i I t t*r' l'1t*.1-. i-i ctri i:iH tir;::,,:;lf:{ . i]:i. r- r.':cti:i"; tri" Eitl.ri::r' JOHN R, SCHENK DAN KERST WILLIAM J. deWINTER. lll CAROLYN M. STRAUTMAN SCHENK, KERST & dEWINTER, LLfr ECEIVED Til^"^"rNtisHIp&JXS?:soNer-*o;1,6";^ -vr-'vEU |IAR A g ZWe 302 EIGHTH STREET, SUITE 3 IO GLENWOOD SPRINGS, COLORADO 8160I TELEPHONE: (970) 945-2447 TELECOPIER: (97 0) 9 4s -2440 March 27,2002 Garfield County Planning Dept. 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Re:Warren Stults Trust 5829 County Road 243, New Castle Building Permit Application Ladies and Gentlemen: I submit herewith an application for a building permit for the remodel/renovation of the older home located at the above address. This home was recently vacated by Warren Stults who now occupies the modular residence recently completed on the property under Building permit #81 I 1 with Certificate of Occupancy issued October 5,2001. On February 4,2002,the County Commissioners approved a Special Use Permit application to allow use of the older home as an accessory dwelling unit on the property. The attached floor plan reflects our intent that the existing structure be maintained and brought up to code requiremenis in all respects, with a utility/mud/bathroom to be added. All exterior windows in the existing structure will be replaced with new code compliant windows. A propane boiler with in-floor radiant heat will be installed. The roof will meet the required snow loads. Also attached is a letter dated February 1,2002 from Charles Peterson, P.E., indicating the integrity of the foundation and structure. The County Commissioners approval ofthe Special Use Permit provides that we will provide a certification of the existing ISDS septic system or that a new ISDS system will be compLted by August 1,2002. Please advise me of any additional information you require in this regard. DK/bg Encl. February 1,2002 Dan Kerst 302 8'h Street Glenwood Springs, Co 81601 RE: Warren Stults Trust Foundation Review Dear Dan: ENARTECH lnc. Consulting Engineers and Hydrologists -NZZ- -ZllN ^ZIN. At your request, I conducted a review of foundation for an historic log structure located at 5829 County Road 245. The log building is on the Elk Creek Ranch near rhe end of the Main Elk Creek Road. The purpose of the review was to determine if the existing foundation was adequate to support the structure. This letter report summarizes our findings. Description of the Inspection. On January 3l,2OOZ I conducted a site visit. I inspected the portions of the foundation that were visible, inspected the interior walls for indications of distress and inspected the visible portions of the crawl space. I also interviewed Warren Stults, the property owner who had lived in the structure for almost 30 years. Findings. The log structure was constructed in 1894 by the original homesteaders. The 12. diameter logs were supposedly cut and hand hewn in the Piceance Basin. The structure is very well constructed with custom end cuts. I saw no indications of rot or structural distress. The structure sits on the original dry-stack rock foundation. The perimeter foundation appears to be about 18" to 24" in depth. The foundation was built of rectangular stone aboutlZ,, to 18" in size and dry stacked. The interior foundations that I was able to see were constructed of reinforced concrete pads of a recent vintage. The interior surfaces of the logs were covered with sheetrock about 40 years ago to reduce air infiltration. There were no indications of cracking of the sheetrock which would indicate anv foundation settlement. The building has withstood the test of time for the past 106 years without indications of foundation settlement. The 12" log walls form an incredibly strong structural system that can span over any locahzed settlement without distress. The shallow depth of the foundation has apparently not affected its ability to function as designed. t 302 Eighth Street, Suite 325 P.O. Drawer 160 Glenwood Springs, CO 81602 (g7O) 945-2236 Fax (970) g4,-2g77 www.enartech.com o ENARTE February 1,2002 Dan Kerst 302 8'h Street Glenwood Springs, Co 81601 'CH lnc. Consulting Engineers and Hydrologists -\NWZZ- -Zf]N- ^6flN.RE:Warren Stults Trust Foundation Review Dear Dan: 3 At your request, I corydtcted a review of foundation for an historic log structure located at 5829 County Road,245. The log building is on the Elk Creek Ranch near the end of the Main Elk Creek Road. The purpose of the review was to determine if the existing foundation was adequate to support the structure. This letter report summarizes our findings. Description of the Insoection. On January 3t, 2002I conducted a site visit. I inspected the portions of the foundation that were visible, inspected the interior walls for indications of distress and inspected the visible portions of the crawl space. I also interviewed Warren Stults, the property owner who had lived in the structure for almost 30 years. Findings. The log structure was constructed in 1894 by the original homesteaders. The 12- diameter logs were supposedly cut and hand hewn in the Piceance Basin. The structure is very well constructed with custom end cuts. I saw no indications of rot or structural distress. The structure sits on the original dry-stack rock foundation. The perimeter foundation appears to be about 18" to 24" in depth. The foundation was built of rectangular stone about12" to 18" in size and dry stacked. The interior foundations that I was able to see were constructed of reinforced concrete pads of a recent vintage. The interior surfaces of the logs were covered with sheetrock about 40 years ago to reduce air infiltration. There were no indications of cracking of the sheetrock which would indicate any foundation settlement. The building has withstood the test of time for the past 106 years without indications of foundation settlement. The 12" log walls form an incredibly strong structural system that can span over any localized settlement without distress. The shallow depth of the foundation has apparently not affected its ability to function as designed. :ighth Street. Suite 325 P.O. Drawer 160 Glenwood Springs, CO 81602 (970) 945-2236 Fax (970) 945-2977 www.enartech.com Dan Kerst 2/r/2002 Page2 of2 Based on my inspection of the foundation, quality of construction, historic performance and lack of cracking in the 40 year old sheetrock, it is my opinion that the existing foundation is adequate to support the imposed loads. A building of this historic significance should be maintained to preserve it for future generations. Properly designed and constructed renovations, such as is proposed, should be ensure that this historic building will survive another 100 years. Please feel free give me a call if you or the Building Officials have any questions. Thank you for requesting our services on this interesting project. Sincerely, ENARTECH, INC. e4/b Charles Peterson, P.E. Structural Engineer CP/jlw KERST LOG CABIN O2O1O2.DOC {.(- q SCHENK, KERST & deWINTER, LLP A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS ATLAW JOHN R. SCHENK DAN KERST WILLIAM J. deWINTER, III CAROLYN M. STRAUTMAN 302 EIGHTH STREE'T, SUITE 3IO GLEN}VOOD SPRINGS, COLORADO 8 160I TELEPHONE: (97 O) 945-2447 TELECOPIER: (970) 945-2,440 February 4,2002 Garfield County Commissioners 109 8'h Sfeet Glenwood Springs, CO 81601 Garfield County Planning Department 109 8'h Sfeet Glenwood Springs, CO 81601 Warren Stults Trust Special Use Permit Application Dear Commissioners and Planning Staff: The staff comments presented on this application are appropriate and the recommendations for approval are acceptable. However, we would request that the special use permit be issued subject to satisfaction of the conditions set forth below. This request arises from our goal to provide my wife's 79 year old uncle Warren Stults with a more comfortable and more easily heated home with an attached garage. The new house and garage have been completed and final certificates of occupancy have been issued for both. In order to allow Warren to stay on the ranch which has been his home for 37 years for as long as possible, he needs help. Our intent is to use the older home for a caretaker who can help Warren with snow removal, irrigation, feeding the horse and other physical needs on the property as well as being next door to respond to any emergency or immediate needs which Warren might have. We have a skilled carpenter and his wife willing to provide the caretaking, while also renovating the home. Since the caretaking need is immediate, we would request that the special use permit be issued with the following conditions: (1)That the home can be occupied provided that: (a)A building permit has been issued for the remodeling and the County Building Department has determined that the home does not pose any immediate safety concerns for its occupants. The pump test and other well related requirements set forth in recorrunendation number 5 of the staff report be provided to the satisfaction of the Planning Department. (b) I O:W$0lEw\LTR4OUW.wPd February Page2- 4,2002 (2)That certification of the existing ISDS septic system be provided or installation of a new ISDS system completed by August 1,2002. This request is based on the fact that, but for the construction of the new home and the resulting requirement of a special use permit to occupy the old home as an accessory dwelling unit, Warren or anyone else could have continued to live in the home indefinitely in its "as is" condition. Our goal is to significantly renovate the home, making sure it complies with building code requirements, while providing Warren the caretaking help he needs in the meantime. Thank you for your consideration of this request. ruly, DK/bg o:wsdrEsLm{ouw.rPd o COLORADO STATUTORY POWER OF ATTORNEY FOR PROPERTY WARREN E. STULTS, PRINCIPAL NOTICE: Unless you limit the power in this document, this document gives your agent the power to actfor you, witltout your consent, in ony way that you could octfo, yoirtrtj The jowers gyanted by this document are broad and sweeping. They are explainei iniht "ryiyorm'Statutofi, ror* Power of Attorney Act", Part l3 of Articte I ofTitle 15, Colorado Revised Statutes, and parr 6 of Article l4 of Title 15, Colorado Revised Statutes. Ifyou have any questions about these powers, obtain competent legal advice. This document does not authorize anyone to make medical or other health-care decisions for you. You may revoke this power of attorney ,f you later wish to do so. The purpose of this power of attorney is to give the person you designate (your "agent') broad powers to handle your property and affairs,ilrtn may include po*irc to plrdgr, iil, o, otherwise dispose of any real or personal property without advance notice to you or approvat byyou. This form does not impose a duty on your agent to exercise granted powers; but wiin po*ri, are exercised, your agent must use due care to act for your benefit and in accordance with the provisions of thisform and must keep a record of receipts, disbursements, and significant actions taken as agenL You may name successor agents under thisform but not co-agents.-Until you revoke this power of attorney or a court acting on your behalf terminates it, your agent may exercise the powers given here throughout your lifetime, even after you moy become disabled, unless you expressly limit the duration of this power in the manner provided below. You may have other rights or powers under Colorado law not contained in this form. I, WARREN E. STULTS, APPOINT DAN KERST, AS MY AGENT(ATTORNEY-IN.FACT) TO ACT FOR ME IN ANY LAWFUL WAY WITH RBSPECT TO THE FOLLOWING INITIALED SUBJBCTS: To grant one or more of thefollowing powers, initial the line infront of each power you are granting. To withhold o power, do not initial the line infront of it. You may, but need not, cross out each power withheld. INITIAL btrt< (A) REAL PRopERTy TRANsACTToNS (wHEN pRopERLy RECoRDED) L, o 9{n) TArrcrBLE rERSoNAL pRopERTy TRANSACTToNS. (c) sTocK AND BOND TRANSACTTONS. (D) COMMODTTY AND OPTION TRANSACTTONS. L,Zg- o L(F O (r) BAIYKING AIID OTIIER FINAIYCIAL INSTITUTIoN TRANSACTIoNS. Lq? G) BUsrNEss orERATTNG TRANSACTToNS. t ^z Q (c) TNSURANCE AtlD AryNurry TRANSACTToNS. b,9 GD ESTATE, TRUST, AIID oTIIER BENEFICIARY TRANSACTIoNS. LIZB rrl cLHMS Ar\D LrrrcArroN. Lry (4 PERSoNAL AIYD FAMILY MAINTENAIICE. (tro BENEFITS FROM SOCIAL SECURITY, MEDICARE, MEDICAID, OR OTHER GOVERNMENTAL PROGRAMS, OR MILITARY SERVICE. L+9 G) RBTIREMENT PLAI\ TRANSACTIoNs. (M)TAX MATTERS. Unless you direct otherwise above, this power of attorney is effective immediately andwill continue until it is revoked or terminated as specified below. Strike through and write your initials to the left of thefollowing sentence f you do notwant this power of attorney to continue rfyou become disabled, incapacitated, or incompetent. 1.() This power of attorney will continue to be effective even though I become disabled, incapacitated, or incompetent. You may include additions to and limitations on the agent's powers in this power of attorney f they are specifically described below. 2. The powers granted above shall not include the following powers or shall be modified or limited in the following manner (Here you moy include any specific limitations you deem appropriate, such as aprohibition ofor conditions on the sale ofparticular stockor real estate or special rules regarding botowing by the agent): No limitations. 3. In addition to the powers granted abover l grant my agent the following powers (here you moy add any other delegable powers, such as the power to make gifts, exercise piwers of appointment, name or change beneficiaries or joint tenants, or revoke or amend any trust specifically referred to below): Those powers set forth on Addendum "A" attached hereto. 2H:reWr^.moP.ru to o 4. Special Instructions. On the following lines you may give special instructions to your agenl: None. Your agent will be entitled to reimbursementfor all reasonable expenses incurred in acting under this power of attorney. Strike through and initial the next sentence ,f you do not want yoir agent to also be entitled to reasonable compensationfor services as agent. 5. ( ) My agent is entitled to reasonable compensation for serwices rendered as agent under this power of attorney. This power of attorney may be amended in any manner or revolced by you at any time. Absent amendment or revocation, the authority granted in this power of attorney is effective when this power ofattorney is signed and continues in effect until your death, unless you make a limitation on duration by completing the following: 6. This power of attorney terminates on N/A. By retaining the following paragraph, you may, but are not required to, name your agent as guardian ofyour person or conservator ofyour property, or both, if a court proceeding is begun to appoint a guardian or conservator, or both, for you. The court will appoint your agent as guardian or conservator, or both, if the courtfinds that such appointment will serye your best interests and welfare. Strike through and initial paragraph 7 if you do not want your agent to act as guardian or conseryator, or both. 7. ( ) If a guardian of my person or a conservator for my property, or both, are to be appointedr l nominate the agent acting under this power of attorney as such guardian or conserwator, or both, to serrye without bond or security. Ifyouwish to name successor agents, insert the name ofany successor agent in thefollowing paragraph: 8. If any agent named by me shall die, become incapacitated, resign, or refuse to accept the office of agentr l name the following, each to act alone and successively in the order named, as successor to such agent:Lvnne Kerst. Gregg W. Stults, MarvAnn Stults For purposes of this paragraph 8, a person is considered to be incapacitated if and while the person is a minor or a person adjudicated incapacitated or if the person is unable to give prompt and intelligent consideration to business maffers, as certified by a licensed physician. I agree that any third party who receives a copy of this document may act under it. Revocation of the power of attorney is not effective as to a third parfy until the third party 5 Iearns of the revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney. Signed ,o .1'--pl ( I ,1998. If there is anything about thisform that you do not understand, it may be in your best interest to consult a Colorado lowyer rather than sign this form. Warren E. Stults,{2-t -2-r---qr 6* (Social Security Number) You may, but are not required to, request your agent and successor agents to provide specimen signatures below. Ifyou include specimen signatures in this Power of Attorney, you must complete the certification opposite the signatures of the agents. Notice to Agents: By exercising powers under this document, the ogent assumes the /iduciary and other legal responsibilities of an agent under cororado latv. Specimen signatures of agent (and successors) Agent Successor Agent STATE OF COLORADO COLINTY OF GARFIELD This document was acknowledged 1998, by Warren E. Stults. I certify that the signatures of my agent (and successors) are correct. Principal ) ) ss. ) before me on Successor Agent this )A day of Witness my hand and official My commission expires: 4 [sEAL] o Addendum "A" to Power of Attorney Addendum to Colorado Statutory Durable Power of Attorney executed by Wa:ren E. Stults, with Dan Kerst as the initial agent. Special Instructions: l. Gifts.In additionto all otherpowers grantedto my agent, my agent is expressly authorized: (a) Gifts Directed by Me. To make any gift to any person or entity as I may hereafter at any time expressly request or direct, either orally or in writing, with my agent using any or all powers granted under this power of attorney to complete the transfer of the property given. (b) Gtfts Not Directed by Me. To make such gifts as my agent determines, without any request or direction by me, provided that: (i) in the case of a gift to an individual, including my agent, a donee must be a descendant of mine, and any such gift during any calendar year shall quaii& for, and shall not exceed, the annual exclusion then available under section 2503(b) of the Intemal Revenue Code or two times such annual exclusion provided I am married and my spouse agrees to split all gifts made by me during any calendar year or any similar provisions of subsequent law then in effect, (ii) in the case of a gift to an entity , a gift. shall be to a qualified charity, and shall be in keeping with a pattern established by me of at least two year's duration, for such a charitable gift. (c) Descendant. For purposes of paragraph l(b), "descendants" means all lineal descendants of mine, with the relationship of parent and child at each generation being determined by the definitions applicable for purposes of intestate succession under Colorado law. However, an adopted person shall be considered a lineal descendant only ifthe adopted person was adopted while under the age of I 8. (d) Qualified Charity. For purposes of paragraph l(b), "qualified charity" means a charitable, educational, scientific or religious entity, gifts to which are deductible or exempt for all applicable federal.and state estate, gift, inheritance and income tax purposes. 2. Establishment of Revocable Trust.If at any time, in the judgment of my agent, I become incapacitated or disabled or I am unable, for whatever reason, effectively to manage or apply my estate to necessary ends, and I do not already have in existence a revocable intervivos trust created by me for my benefit and for the benefit of other persons then dependent upon me, to which my agent may transfer any or all of my'assets for management purposes, I authorize my agent to establish by written instrument a trust, of which my agent or my agent's designee shail serve as tustee. Such trust shall serve as a vehicle for the management of all of my assets that my agent shall tansfer to such trustee, and for the purposes of providing for the health, support, maintenance and comfort of me and my spouse, if any, and other persons then dependent upon me. Such trust shall be fully revocable by me at any time, provided I have the legal capacity to revoke the trust, and, if not earlier revoked by me, such trust shall terminate upon my death, at which time all assets of the trust shall be paid and distributed to the personal representative of my estate. Such tnrst should, of course, contain such other investment, management, administrative, trustee succession and tax powers and provisions as deemed necessary or advisable by my agent, provided such powers and provisions are not inconsistent with the revocable nature ofthe tnrst or the termination of the tust at my death. Although I would expect my agent to establish such a trust without approval or involvement of any other person or any court, if my agent believes it necessary or desirable, I authorize my agent to petition an appropriate court to approve the establishment and terms of such trust. It is my intention that such a trust would serve in lieu of a formal court-established conservatorship, and that, whether or not such trust were established with court approval, such tnrst not be subject to the continuing supervision and control of any court. 3. Partial Revocation of Trusts. My agent shall have power to revoke any trust established and revocable by me or established pursuant to paragraph 2 above and revocable by me to the extent necessary to make the gifts authorized in paragraph I above. 4. Authorization to Execute Further Powers.I specifically grant to my agent the power to execute on my behalf any and all kinds of further or more specific powers of attorney which may appoint as my attorney-in-fact (i) my agent, (ii) any successor agent designated in this instrument, and./or (iii) any other person to whom my agent may deem it appropriate to delegate any powers hereunder. I also specifically grant to my agent the power on my behalf to attach to this power of attorney, or to any such further power, the legal description of any one or more properties in which I may at any time own any interest. 5. Margin Accounts. With respect to (C) Stock and Bond Transactions, my agent shall have power to establish margin accounts and to borrow on margin. 6. Legal Actionfor Failure to Recognize Agent's Authority. My agent is authorized to take legal action on behalf of me or my estate for any damages that may result from a third party's refusal to rely on the representations of my agent or to recognize the authority herein granted to my agent or failure to permit my agent to exercise any power granted by this instrument. 7. Counterparts and Photocopies. This Power of Attomey is executed in two (2) counterparts. Each executed countelpart and any photographic copy of itris Power of Attorney shall have the force and effect of the original. 6 o stP 2 7 20CI1 SCHENK, KERST & deWINTER, LLP A PARTNERSI{IP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW JOHN R. SCHENK DAN KERST WILLIAM J. deWINTER, III CAROLYN M- STRAI'TMAN 302 EIGHTH STREET, SUITE 3IO GLENWOOD SPRINGS, COLORADO 8160I TELEPHONE: (970) 945-2447 TELECOPIER: (970) 945-2440 September 27,2001 Garfield County Planning Department 109 8th Street Glenwood Springs, CO 81601 Re:Warren Stults Trust 5829 County Road 243, New Castle Special Use Permit Ladies and Gentlemen: On behalf of the Warren Stults Trust I submit an Application for Special Use Permit with the required items enclosed therewith. This Application is submitted in connection with our construction of a new modular home on the property to provide a wafin, comfortable home for Warren Stults. Warren's existing house as depicted in the enclosed Application is approximately 1,400 square feet in size. This Application is to allow use of the existing house as an accessory dwelling unit on the parcel approximately 60 acres in size. Also enclosed is our check in the sum of $400 in payment of the submittal fee. Please advise me if anything further is required for this Application. Thank you for your attention to this matter KERST DK/bg Encl. oldl\SluhsW\LB-Cry.wpd ep ( ($.; \ o \$v ill.xs 'l +$v oar _-r!.-d FfQN .$t._ cJ'rn ltl fis rs q) $-r 3 .B *+ v$j VqP3 z - 'l/!**,y/;1s-'1r/t*,ru,r V) USLM NO. 51 i) \o.-r + JoE Ch"r.,a Tntlr"tf f g,t tY b, t4/. 2 't 7tu G'4 (a rtt'tt H/LL ING AREA No. 2(S-F) i sbZ/./// 7 7trJJ I / 925 *offi -.\)a\Q AXING AREA N -)- fn'o \- -\(J COUNfi ASSESSOR T. 4 .S.-R. gl W. 'qh RECE, I SCHENK, KERST & dEWINTER, LLP A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW tl0V t 6 tuur JOHN R. SC}IENK DAN KERST WlLtlAM J. deWINTER. III CAROLYN M. STRAUTMAN 302 EIGHTH STREEI., SUITE 3IO GLENWOOD SPRINGS, COLORADO 8 I60I TELEPHONE; (970) 945-2447 TELECOPIER: (91 O) 9 45-2410 November 15, 2001 Garfield County Building & Planning Dept. l44ll2 East Third Street, Suite 208 Rifle, CO 81650 Attn: Kit Lyon Warren Stults Trust 5829 County Road 243, New Castle Special Use Permit Our File #10514 Ladies and Gentlemen: I have been delayed in my response to Kit's October 18 letter due to our contractor's hunting vacation. As you know, a Certificate of Occupancy (copy enclosed) was issued on October 5, 2001 for the manufactured home which Warren Stults now occupies on the property. With regard to the application for a Special Use Permit to convert the older home on the property to an accessory dwelling unit,I would provide you the following additional information: 1. We understand that the accessory dwelling unit must meet current building code requirements. To that end, we have completed a thorough inspection of the residence and submit the following: (a) Attached are to scale (but not dimensioned) floor plans for the proposed renovation of both floors of the residence, together with a floor plan, elevation and footing detail for the laundry/mud room proposed to be added to the residence. The total square footage of the completed structure, with the addition will be less than 1500 square feet. (b) The renovated and expanded structure will meet all current building code requirements including, by way of illustration and not limitation, replacement of entry doors with 36 inch wide doors; all interior doors minimum of 32 inch width; replacement of stairway to upstairs with stairway 36 inches wide with handrail at 32 inches, stairs to have maximum rise of 8 inches and minimum run of 10 inches; all second floor windows and first floor doors and windows to satisfy egress requirements; replacement bath tub unit to include scald-free faucet; updating of electrical service to residence; and all electrical wiring in residence updated to code compliance. Re: O'\dk\Slulrs W\LfR 1-YON finr November Page 2- 15,200r RECEIVED r{0v I 6 200t (c) Attached is a preliminary list of materials required to renovate the home to a code compliant structure. All work will be completed under the supervision of a licensed contractor. you are advised that:2.With regard to the number of vehicles to be accessing the site, (a) Warren Stults currently resides alone in the new manufactured home and leaves the property on an average of less twice per week. He, of course, has occasional visitors. (b) The accessory dwelling unit will be occupied by a caretaker family who expects to average approximately 10 trips to and from the property per week. The goals of our efforts are to provide Warren Stults a comfortable home in his later years and a caretaker to occupy the accessory dwelling unit to help in meeting Warren's physical needs and in maintaining the proper-ty. We have secured the services of a master carpenter who wishes to occupy the ADU as soon as permissible in order to complete the proposed renovations and he and his wife will serve as caretakers for Waren. I would ask for your assistance in determining what will be required to allow issuance of the Special Use Permit and occupancy of the ADU while the renovations are in progress. Let me know when we might meet to discuss these issues. DIOemb Encl. (d) v, {) \dk\srulb-W\LIR.LYON.liar P:2r?9P945e444o--TO:OCT-46-EAA1 01 : 49P FR0l"l: BLDGPLrINGRRCO 97A3*43479 o zIst\)(, { s\cL Fst .S \aGGEts\B € Hw-I-.-tr!lr. EI oe HL/(DIYprt E't(!5F} otrn ET(Dts3 o0-b:)-' I noFort Pao sg= PEia!!Etrrri EEsBEE= EF* En * tr5e HF:sll roB a\ .lir'E-tE t*s!its (a El -t:f6u,g8(D+ EE'n.O 6toxu =-(D BE(0E*? sB-rs<ErFl t! ortrsU'Cots'6(Da" itEg EdooE r{)*u)Eg <o+Elilx(.)59o ,i-<E- rtt ,too= Eprr. 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FOOTINGS CEMENT FOR SLAB REBAR RECEIVED1.5 YDS4.8 YDSr30' 5/8.'12 2X.,{ X. 16' FORM MATFRIAL40 1X2X24- FORM STAKES FRAMING 2 2" X4" X12' TREATED3 2'-X 4" X 16' TREA.TED llol/ I 6 2001 70 2" X 4" X 92 5t8" # 2 SPF CONSTRUCTION 21 2" X 4'X 12'. # 2 SPF CONSTRUCTION 24 2" X 4" X 16' f 2 SPF EONSTR.UCTION 10 2" X 6" X 16' # 2 SPF CONSTRUCTION n 2" x 8" x 10' # 2 sPF CONSTRUCTION 8 2" X 8" X 12' f 2 SPF CONSTRUCTION 8 2"X 8"X 16' #2 SPF CONSTRUCTION 1 2' X 10'X 16' # 2 SPF CONSTRUCTTON 2 2" X12" X11', # 2 SPF CONSTRL'CTION 52 1"X12"X l0' CEDAR 3 3" X 3' SINGLE HUNG WINDOWS 11 FOAM INSLILA:NON 200sq. Ft. 5112"X 15" FIBERGLASS INSULATTON JZWq. rr. J lrz /\ rJ rloEr\l,Ll\oJ [\.JuHrrvrr2 3'-0"X6'-8' ITVOOD EXTERTOR DOORWiTH WiNDOW (PRE-HijNG) PLUMBING 1 WASHER FAUCET BOX1 4' FLOOR DRAIN FIXTURF5 2" X'to' SCH 40 PVC P|PE1 2" SCH.IO PVC 90 DEGREE ELBOW? 2" SCH 40 PV.C 45 DEGREE ELBOW1 2- SCH 40 PVC COUPLER1 WASHTUB.! WASHTL'B FALICET1 TRAPASSEMBLY2 SHUTOFFVALVES2 SUPPLYHOSES1 ROLLTEFLONTAPE3 I 1P'X1O' SCH4O PVC PIPE2 2" X1O' SCH 40 PVC PIPF2 2 X1 1t2" X2" Y SCH 40 PVC P|PE1 1 lN" gODEGREEELBOW 2 1 18" 45 DEGREE ELBOW1 2" 45 DEGREE ELBOW3 2" gODEGREEELBOW 1 PINT PVC EEMENT 1 PINT PVC PRIMER160' 112" RADIANT HEAT TUBE 25 ,I12" X 90 DEGRFF ELBOW25 lD" X 1n" XlD" TEE25 311" X311" X3t1" TEE25 31i!,90 DEGREE ELBOW12 3t4" X3t4" X 1t2" TEE1 1N" XlA' COPPER PIPE2 314" X 10', COPPFR P|PE10 lP" TUBE FITTING FOR MDIANT TUBE25 112" MALE THREAD10 3!4' MALE THREAD4 314" BALLVALVE2 lN' BALLVALVE1 ROLL SOLDERWIRE1 CAN SOLDERFLUX2 YDS GYPCRETE DRWVALL 2 .IOO'ROLL JOINTTAPE1 5 GAL- PAIL JOINT COMPOUND.! 5 GAL. PAIL TOPPING COMPOI_INDT 5 GAL. PAIL LATEX DRYWALL PRIMERI 5/8" X 4'X 8' DRYWALL24 12" X 4'X 8' DR.YWA.LL 25LBS 1 5/8" DRYWALL SCREWS5LBS 1 1T2" DRYWALL NAILS Pagel o12 PHASE ELECTRICAL EXTERIOR TRIM TRIM HARDWARE MlSC QTY 50' 1 12 1 4 2 3 8 1 3 250'. 1LB. 12 14 14 14 1 20' 2 zv 1z', 1 2 100' 3 2 3 2 3 1O LBS '!BOX" 1 BOX 1 BOX 2 BOX 3 BOX 1 1 LB BOX 100 i 1 10 8 2 5 I i 5 LBS 2 BAGS 50' o slzE 8 GAUGE 2" X4" 4"X4" 4" 12-2 24" BOX BOX. BOX 250' 1 3 1 1, 3I 200' 48' 1 2 8 1X6 4" X.6" X.8' 4'X 4" X I''tx4x16' 3/4',X 3" X 10' 3/4"X3"X8', 3t4" X 5" X, 't0' 12" X 3/4" X10' 1"X4"X6', ,j14" _x.5" 2'-8',X 6'-8" i 1t4" 1/4"x4"x 8" 3/4" X 4'X B', 3l4X11t4" 3t4" X17" X24' x!4"x.17"X28 3t4" X5" X17" 2-38" BACKSET 2-38" BACKSET sOLBS SLBS 3" 8D 16D 1-1t1" 2-'U?" .22CAL, LEVEL 3 ln^gE GALLON 1" 36" X 126', 36" X 10' 1z', 1z', KULL ROLL 1" 1 -1r2" 24" DESCUToN WIRE DRYER OUTLET PLASTIC BOX PLASTIC BOX ROLJND PLASTIC BOX 3 WAY SWITCH SINGLE POLE SWITCH RECEPTACI_E EXTERIOR BOX GFI RECEPTACLE WIRE WIRE STAPLES YELLOW WIRE NUTS RED WIRE NI-ITS GREEN GROUNDING WIRE NUTS 1+3WIRE EXTERIOR LIGHT FIX.TURE INTERIOR CEILING LIGHT FIXTURE FLUORESCENT LIGHT FIXTURE DOIJBLE SWITCH PI ATE SINGLE SWITCH PLATE RECEPTACLE COVER BEAD BOARD SOFFIT CEDAR FASCIA ROI_JGH SA.IIUN BEAM ROUGH SAWN POSTS CEDAR EXTERIOR WINDOW AND DOOR TRIM CASING CASING BA.SE SHOE PLINTH BLOCKS SILL STOCK. wooD stx PANEL TNTERTOR DOOR (PREHUNG) VL\.,JE I JIIELVIIYU CLOSET ROD BIRCH PLYWOOD BIRCH PLYWOOD ALDER (RAIL & STYLE STOCK) ALDER DOOR STOCK A.LDER DOOR STOCK. ALDER DRAWER STOCK EXTERIOR ENTRY LOCKSET ( KEYED ALIKE ) PA.SSAGE K.NOBS GAVANIZED SIDING NAILS 16D COATED SINK.ERS 8D COATED SINKERS NR83A FRAMTNG M|LS (GUN) DUPLEX. NAjLS DUPLEX NAILS ROD SOCKET RAMSET PINS RAMSET LOADS I UEE TL4UU TiTEBOND WOOD GLUE DRYER VENT KIT PRO - PANEL 2 STEEL SHEETTNG ( RED ) PRO - PANEL2 STEEL SHEETING ( RED ) RINGF CAP { RFD ) DRIP EDGE ( RED ) IUE & YUN I EN ONIELU 30# FELT PLASTIC-CAPS ROOFING SCREWS VALLEY FLASHTNG ( RED tF POSSTBLE ) Paaa ? ol ) RECEIVED N()v r 6 200,| ROOFING Special Use Permit Application Warren Stults Trust 5829 County Road 243 New Castle, CO 81647 Address of Adjacent Propetv Owners: White River National Forest P.O. Box 948 Glenwood Springs, CO 81602 Cherry Talbott 5648 County Road 243 New Castle,CO 81647 o GWS.25 APPLICANT IT -OF WP.]'ER RESOURCES Denver, Glorado 80203 WARREN E STULTS 5829 RD 243 r.!EW CASTLe,, CO 81647- (970) 984-2159 APPRPVED WELL LOCATION GARFIELD COUNry NE 114 NW 'll4 Section 26 rownshio 4 S Range 91 W Sixth p.M. DISTANCES FROM SECTION LINES 300 Ft. from North Section Line 1650 Ft. from West Section Line WELL PERM|T NUMBER 2"31.qs ISSUAI.ICE OF THIS PERMIT DOES NOT COI.IFtrR A. U/ATEP. P.!G!{T 1)Thiswellshallbeusedinsuchawayas..waterrights.Theissuanceofthispermit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vestedwater right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the water well Construction Rules 2 ccR 402-2,unless approvalof a variance has been granted by the State Board of Examiners of Water Well Construction and pump lnstallation Contractors in accordance'ivith Rule 18. 3) Approved pursuant to CRS 37'92'602(3)(bXllXA) as the only weil on a tract of tand of 56.49 acres described as that portion of the Sec' 26 and Sec. 23, Twp. 4 S, Rng. 91 W, Sixth p.tvt., Carrietd County, more particularly descnbed on the attachedexhibit A. 4) The use of ground water from this well ls limited to fire protection, ordinary household purposes inside not more than three (3) single family dwellings' the watering of poultry, domestic animals and livestock on a farm or ranch and thei,igation of not more than one (1) acre of home gardens and lawns.5) The maximum pumping rate of this weil shail not exceed 1s GpM.6) 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.7l This well shall be constructed not more than 200 feet from the location specified on this permit.8) Approved forthe installation of a pump in, and the useof, an existing well, constructed on June 16, lggg undermon,toring hole notice MH'36274, and deepened on October 26, l ggg under monitoring hole notice MH-371 13.9) This permit has been approved as the only well on 59 acres described in the attached Exhibit A . you are hereby notified that you have the right to appeal the issuance of this permit, by filing a written reguest with this office within sixty (60) ceys \of the date of issuance, pursuant to the state Administrative Procedures Act. (see section 24-4-104 through r o'0, c.h.slth //,, a . FEB 0 I Zljuu 'i[] i ! :u,..Bv(J EXPIRATION NATtr t GARFIELD COUNTY Building and Planning Department October 18,2001 Mr. Dan Kerst, Esq. Schenk, Kerst, and deWinter, LLP 302 8th Street, Suite 310 Glenwood Springs, CO 81601 RE: Warren Stults Trust S.U.P for an A.D.U. Dear Dan, An initial review of the Warren Stults Trust application has been conducted. The application has been deemed technically non-compliant and temporarily suspended in the review process. We are in need of more information before the application can proceed. Please respond to the following: 1. Section 5.03.21(7) of the Garfield County ZoningResolution requires all construction comply with the appropriate building code requirements. In order to convert the existing building into an accessory dwelling unit, the existing building must meet current building code. Please provide evidence of such, or detail how code will be met. 2. How many vehicles will be accessing the site on a daily, weekly, and/or monthly basis? Please do not hesitate to contact me in the event you have any questions. Sincerely, Kit Lyon Senior Planner Ph: 625-0916,l44YzBast3"d Street, Suite 208, Rifle, CO 81650 www.garfield-county.com l' i !r.ouo.fro. i'!",.(Y: 14f.1 Ef"rirrrq q*r{o frECOROEB Sntrrsrrr rrJtt r gE t,4?(NO,VALL MEN gY THESE PBESENTS TT{AT CARL tl. BOID and NTIASHA O. BOYD . Elrr,|!..tdrdril Et rolrortrur Et r Goaooao cooorttioa O r llaaraml Et r u;rt6re916rr9 tor rnd in conidqrerion of tan doltarr:rnd otlu 61reD1! .orrtscfirtron, in harid prad, hcrrtsv ldtt,.d cmEF to Neu Caetl.r Colorrdo tl6{7 rha following ocqflbsd Droperry in ths County o1 Gerfteld urd State of Colorgdo: Thet part ot B.E.S. no. 5l in Sectj.ons Zf, and 26, fovashipa south, Bange 9l HGEt crf Ule Slxth tnnciprl uendian Iy-ing.resterly-of the countf read errd adJoining second pari-lcs' property and being dcscribed as tslloys: Eeginning at a point ttrat bears N. t3' {O' w.' 40.15 qbaing to cornEr No. 1 of H.E.S, No. !0;thence N. 83r OZ. E. 7.15 chainsi tlrence southerly lfotg the counry road right-of-eay 310 fcec, thenceg. l0' il. 130' to Urc propertl, bor:ndary lineDetrcea corner No, I and corner No. l; thence N.a7' 1l' r. to thc point o! beg:.nniag. the above descnbed plrcel oi lana conteins 2.{ acres, aore or legs,witi 3ll iB ropurtcnrnqer and wurranB titlr to thg seme. erc?ot and wbiect to !G1l!r.t propsny 6a6 lgr rttqrrtnt year. U.S. ortcm resr rarionr lnd cxceg0offi, any and all carcmenr anj rrghts ot ry"y of a gubtrq o?privrtc nlturg 3nd ptaaning, roning ond orntr gowrnrnentSl rulct tnd rgulationr. ' t! i.aturny O;ointkury O lttrt*, ,n s3m11ror O . Cotofloc CorDoitt o,r O r frnnrarrl O a Unrttto rtrhr?shrc srGNEo tn:s 9s4ot., fu-^.o.E1| COUII++6+'gagglOO llrc fg6gg;ng imtnrmqn3 ur5s actnowlcdged b:tore ,tr ttr,r la dsv ot +.-.r- - -a rrr.r.v'rlsrrl wO)6Uf,lrgWtWUEg flgll ttl aa'I) -VOy Vl - l9&-bv Carl ti!. Boyd and Nrrrchr D. Boyd, hucband aad sife . V.U-{r 4 nr}f-^lt !y^:k tYJ* CrL,-[^-.t Witntt rrr,y head lnd o{ligi11 grr|, Mycsmmision err,r;a: \l j ,ls. I )-d1* l"/l'*-n- IOiE: ' lblt r2llalls 6r.{ rlah r.tat at aaal hdaaa tt6 aa a-rt rtrri. A (,^,,::l;'f k f\*;,*t:;yI- rL* 'Y'-'' 4 l. c - ttttC. UntXxaX I 9allf Ol'4,.C. - tF I\ . EAf,ll DO|GB TETIIEE Cosrtl'ol Crsflgld Cofofldo , torttt cooridtnrioa o! dollen.io l:nd grid.trmby loll(r) ra! coavcy(r) ro uttrrEx E. s8t!.t|i rE&i .nd Sr*rot lcn .red Srrrr al COlotx& ti.urrr od Orrflatd . Grrfl'rld r 'trtt 0t rhr fpllori.* hrl Dl,,tltnt ia0t . rod Strtc ol Ccloadc. torit: fl lir!il fle il;ilt t: I TIt.lii:9 =; tl-rac pal- of E.E.S..tlo. 5e r tounthlp 4 Sorrb, Irngc llt Ecrcof Ebr 6th P.t{.''ly{ng.[orGhGrr, ol tbc forlirdug-docrlb.dllnc: lcgtmluB ac . poLnt or thc 3 co 6 uhcocr cozrcr [o. Iof ca{d E.t.S. tro. 54 bcrr South 53.40r trrt e dlrtecr of 2649,6, 6ec; ttancc Nomh 83.07r lacc 671.!lE tbrc co lL.f,orcbarly Llnc of roed; ttcoce f,orth L'!6r scrc c9.1 lccc rlongrorchcrly Ltar of ttrc road3 Ghcncc rlorth y.z0, tmc 135.35 fcac 1lo4 lb tlord rrly llne of thc med; 6cncc Uorth 52.29. Emc, 19q.07 !.:l 4otg lorthctly 1ta3 qf ttrc ttra3 6grcc llr-ch 69.59' Eere E1.19 fccc slong f,ortlrcrry r,rnc of irr"a; ttcnce f,orEh87'l4r lert E0.97 fcoc elong fiortirrly Llac of rirdl thcrc Souttr 61'33' Earc-238.35 lcec etont r6rUcrlT Unr 6C rord; ehancc Sorth 65'351 4ts 39t.Ol fr-t rlong rirtU"fy Uno of,toed; ttcrrc souc! 1.5'47r Eert 23.56 ficc-eo tu blcacctJ.onrtgh ttr ll,n: E co 9 of reld E.E.S. !o. 54, togcthcr t lth lLL r.EGa errd rrccr rlthtr, dttcbo ead dlEcb rfthtt brlorglngthereto or ured ta couectlon ttrarenlch. drr ot trp61 , 19 63.r #il9t d'-t(7'--- ti.---.. tTTAlE ()F C.OLOBAD(I I (bnorY of llGre f =9.-!;f,3 ff - Tlr lorcgcitg ilruta.Et ru rclrorlcit8cd bcforc oc tLir firsc =-D0rtt -drpol Aprtl ,1963 ,Dy tbrry Uooicr - gp.^. .. ,Ir eyg4or?pi1.. _ IfsvaEber 9, 1963 \) with rll irr qrpurcaearr, rad w.rsror(d) rlt :irlc tc rhc rrar, object o 1963 CaxeS pa;rable in f956 and subsequenc Eaxes and assesdjnc. Siprd tbir let FCrjrrplrlld rnd officie! rerljar. ,.;:iliU-==.----tl?: :^l1--^-f -FD! c? trrei. h-E ri' i.D or rE: u br Dr dE r. rur.lr.rffi fi {-r,-.ffi t#l!u,H-,IH.Xit;.;3iil:?;{:il8r..:.#;:::ffij.E"TFel=J*.::m:r-lt -r.ta lL ;l rl ii i! lSf !?. rur hJLa aE*.. rtAt.lrr r-a.a rrt. -tr.ad.*Lus lfiEa C-r.r. tlfa t5. aB Dre. oaaf COLORADO STATUTORY POWER OF ATTORNEY FOR PROPERTY WARREN E. STULTS, PRINCIPAL NOTICE: Unless you limit the power in this document, this document gives your agent the power to actfor you, without your consent, in ony'reoy that you could actfor yourself, The powers gyanted by this document are broad and sweeping. They are explained in the "(Jniform-Statutory Form Power of Attorney Act", Part t j of Articte t of Titte 15, Colorado Revised Statutes, and Part 6 of Article l4 of Title 15, Colorado Revised Statutes. If you have any questions about these powers, obtain competent legal advice. This document does not authorize anyone to make medical or other health-care decisions for you. You may revoke this power of attorney ,f you later wish to do so. The purpose of this power of attorney is to give the person you designate (your "agent') broad powers to handle your property and affairs, which may include powers to pledge, sell, or otherwise dispose of any real or personal property without advance notice to you or approval by you- This form does not impose a duty on your agent to exercise granted powers; but when powers are exercised, your agent must use due care to act for your beneJit and in accordance with the provisions of this form and must keep a record of receipts, disbursements, and significant actions taken as agent. You may name successor agents under thisform but not co-agents. Until you revoke this power of attorney or a court acting on your behalf terminates it, your agent may exercise the powers given here throughout your lifetime, even after you may become disabled, unless you expressly limit the duration of this power in the manner provided below. You may hsve other rights or powers under Colorado law not contained in this form. I, WARREN E. STULTS, APPOINT DAN KERST, AS MY AGENT (ATTORNEY-IN.FACT) TO ACT FOR ME IN ANY LAWFUL WAY WITH RESPECT TO THE FOLLOWING INITIALED SUBJECTS: To grant one or more of thefollowing powers, initial the line infront of each power you are granting. To withhold a power, do not initial the line infront of it. You may, but need not, cross out each power withheld. INITIAL l,'14(- (A) REAL PRopERTy TRANSACTToNS (wHEN pRopERLy RECoRDED) L o g-{n) TANGIBLE rERSoNAL pRopERry TRANSACTToNS. L, Z g (c) srocK AND BoND TRANSACTToNS. (D) COMMODTTY AND OPTTON TRANSACTTONS. c LU A (r) BANKING AND OTHER FINAIYCIAL INSTITUTIoN TRAI\sACTIoNS. Lq? 6r) BUSTNESs orERATTNG TRANSACTToNS. ( "z ( (q TNSURANCE AryD AITNUITv TRANsACTToNS. W9 GD EsTATE, TRUST, AIID oTIIER BENEFICIARY TRANsACTIoNS. LtLg gl cLATMS AryD LrrrcArroN. LL19 (O PERsoNAL AND FAMILY MAINTENANCE. (K) BENEFITS FROM SOCIAL SECURITY, MEDICARE, MEDICAID, OR OTHER GOVERIIMENTAL PROGRAMS, OR MILITARY SERVICE. L19 G) RETIREMENT PLAN TRANSACTIoNS. (rvr)TAx MATTERS. Unless you direct otherwise above, this power of attorney is ffictive immediately and will continue until it is revoked or terminated as specified below. Strike through and write your initials to the left of thefollowing sentence f you do notwant this power of attorney to continue rf you become disabled, incapacitated, or incompetent. l. ( ) This power of afforney will continue to be effective even though I become disabled, incapacitated, or incompetent. You may include additions to and limitations on the agent's powers in this power of attorney f they are specifically described below. 2. The powers granted above shall not include the following powers or shall be modified or limited in the following manner (Here you may include any specific limitations you deem appropriate, such as a prohibition of or conditions on the sale ofparticular stock or real estate or special rules regarding borrowing by the agent): No limitations. 3. In addition to the powers granted above,I grant my agent the following powers (here you may add any other delegable powers, such as the power to make gifts, exercise powers oJ appointment, name or change beneJiciaries or joint tenants, or revoke or amend any trust specifically referred to below): Those powers set forth on Addendum "A, attached hereto. :O 2 o ,'ro 4. Special Instructions. On the following lines you may give special instructions to your agen: None. Your agent will be entitled to reimbursementfor all reasonable expenses incurred in acting under this power of attorney. Strtke through and initial the next sentence dyou do not want your agent to also be entitled to reasonable compensationfor services as agent. 5. ( ) My agent is entitled to reasonable compensation for serwices rendered as agent under this power of attorney. This power of attorney may be amended in any manner or revoked by you at any time. Absent amendment or revocation, the authority granted in this power of attorney is effective when this power of attorney is signed and continues in effect until your death, unless you make a limitation on duration by completing the following: 6. This power of attorney terminates on X/A. By retaining the following paragraph, you may, but ore not required to, name your agent as guardian ofyour person or conservator ofyour property, or both, if a court proceeding is begun to appoint a guardian or conservator, or both, for you. The court will appoint your agent as guardian or conservator, or both, if the courtfinds that such appointment will serve your best interests and welfare. Strike through and initial paragraph 7 if you do not want your agent to act as guardian or conservator, or both. 7. ( ) If a guardian of my person or a conservator for my properfy, or both, are to be appointed, I nominate the agent acting under this power of attorney as such guardian or conservator, or both, to serue without bond or security. Ifyouwish to name successor agents, insert the name ofany successor agent in thefotlowing paragraph: 8. If any agent named by me shall die, become incapacitated, resign, or refuse to accept the office of agent, I name the following, each to act alone and successively in the order named, as successor to such agent: Lynne Kerst. Gress W. Stults. MaryAnn Stults For purposes of this paragraph 8, a person is considered to be incapacitated if and while the person is a minor or a person adjudicated incapacitated or if the person is unable to give prompt and intelligent consideration to business matters, as certified by a licensed physician. I agree that any third party who receives a copy of this document may act under it. Revocation of the power of afforney is not effective as to a third party until the third party J {o learns of the revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney. Signed oo ,1'."-€i ( I ,1998. If there is anything about this form that you do not understand, it may be in your best interest to consult a Colorado lawyer rather than sign this form. L{,-,,.. , {' . Sr ?,t- Waren E. Stults,-z-t ->D--lr bl (Social Security Number) You may, but are not required to, request your agent and successor agents to provide specimen signatures below. Ifyou include specimen signatures in this Power of Attorney, you must complete the certification opposite the signatures of the agents. Notice to Agents: By exercisingpowers under this document, the agent assumes thefiduciary and other legal responsibilities of an agent under Colorado law. Specimen signatures of agent (and successors) I certifr that the signatures of my agent (and successors) are correct. Agent Principal Successor Agent STATE OF COLORADO Successor Agent ) ) ss. COUNTY OF GARFIELD ) This document was acknowledged before me on this )2 day of 1998, by Warren E. Stults. Witness my hand and official My commission expires: 4 lsEALI Notary Public Addendum "A" to Power of Attorney Addendum to Colorado Statutory Durable Power of Attorney executed by Warren E. Stults, with Dan Kerst as the initial agent. Special Instructions: I . Gifts. In addition to all other powers granted to my agent, my agent is expressly authorized: (a) Gifts Directed by Me. To make any gift to any person or entity as I may hereafter at any time expressly request or direct, either orally or in writing, with my agent using any or all powers granted under this power of attorney to complete the transfer of the property given. (b) Gfts Not Directed by Me. To make such gifts as my agent determines, without any request or direction by me, provided that: (i) in the case of a gift to an individual, including my agent, a donee must be a descendant of mine, and any such gift during any calendar year shall quali& for, and shall not exceed, the annual exclusion then available under section 2503(b) of the Internal Revenue Code or two times such annual exclusion provided I am married and my spouse agrees to split all gifts made by me during any calendar year or any similar provisions of subsequent law then in effect, (ii) in the case of a gift to an entity, a gift shall be to a qualified charity, and shall be in keeping with a pattern established by me of at least two year's duration, for such a charitable gift. (c) Descendant. For purposes of paragraph l(b), "descendants" means all lineal descendants of mine, with the relationship of parent and child at each generation being determined by the definitions applicable for purposes of intestate succession under Colorado law. However, an adopted person shall be considered a lineal descendant only ifthe adopted person was adopted while under the age of I 8. (d) Qualified Charity. For purposes of paragraph l(b), "qualified charity" means a charitable, educational, scientific or religious entity, gifts to which are deductible or exempt for all applicable federal.and state estate, gift, inheritance and income tax purposes. 2. Establishment of Revocable Trust. If at any time, in the judgment of my agent, I become incapacitated or disabled or I am unable, for whatever reason, effectively to manage or apply my estate to necessary ends, and I do not already have in existence a revocable intervivos trust created by me for my benefit and for the benefit of other persons then dependent upon me, to which my agent may transfer any or all of my assets for management purposes, I authorize my agent to establish by written instrument a trust, of which my agent or my agent's designee shall serve as tntstee. Such trust shall serve as a vehicle for the management of all of my assets that my agent shall io (o tansfer to such trustee, and for the purposes of providing for the health, support, maintenance and comfort of me and my spouse, if any, and other persons then dependent upon me. Such tnrst shall be fully revocable by me at any time, provided I have the legal capacity to revoke the trust, and, if not earlier revoked by me, such trust shall terminate upon my death, at which time all assets ofthe trust shall be paid and distributed to the personal representative of my estate. Such tnrst should, of course, contain such other investment, management, administrative, trustee succession and tax powers and provisions as deemed necessary or advisable by my agent, provided such powers and provisions are not inconsistent with the revocable nature of the trust or the termination of the tnrst at my death. Although I would expect my agent to establish such a tnrst without approval or involvement of any other person or any court, if my agent believes it necessary or desirable, I authorize my agent to petition an appropriate court to approve the establishment and terms of such trust. It is my intention that such a trust would serve in lieu of a formal court-established conservatorship, and that, whether or not such trust were established with court approval, such tnrst not be subject to the continuing supervision and control of any court. 3. Partial Revocation of Trusts. My agent shall have power to revoke any trust established and revocable by me or established pursuant to paragraph 2 above and revocable by me to the extent necessary to make the gifts authorized in paragraph I above. 4. Authorization to Execute Further Powers.I specifically grant to my agent the power to execute on my behalf any and all kinds of further or more specific powers of attorney which may appoint as my attorney-in-fact (i) my agent, (ii) any successor agent designated in this instrument, and/or (iii) any other person to whom my agent may deem it appropriate to delegate any powers hereunder. I also specifically grant to my agent the power on my behalf to attach to this power of attorney, or to any such further power, the legal description of any one or more properties in which I may at any time own any interest. 5. Margin Accounts. With respect to (C) Stock and Bond Transactions, my agent shall have power to establish margin accounts and to borrow on margin. 6. Legal Actionfor Failure to Recognize Agent's Authority. My agent is authorized to take legal action on behalf of me or my estate for any damages that may result from a third party's refusal to rely on the representations of my agent or to recognize the authority herein granted to my agent or failure to permit my agent to exercise any power granted by this instrument. 7. Counterparts and Photocopies. This Power of Attomey is executed in two (2) counterparts. 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