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HomeMy WebLinkAbout09 Section 8Orrin, Cindy & Brandon Moon 6544 CR 331 Silt, CO 81652 June 20, 2017 To Whom it May Concern: We are the owners of the above listed property and want to add an ADU (Additional Dwelling Unit) to our property for our son Brandon F. Moon who along with his girlfriend is planning on starting a family. The property was purchased in 2008 and Brandon has been living in the existing home on the property since purchase date. We are requesting to use a Mobile Home that we purchased new in 1995 and lived in located in Pitkin County prior to purchasing this property in Silt. The home has been stored and maintained on our property since we moved here in 2008. We are proposing to install the home in an old horse arena located on the Northern end of our property, north of our existing home and hay barn/shop. At the request of Glenn Hartman to provide further information on road easement for the application I was able to find the following information on road easement. In Book 1003, pages 36-40, the latest information on the road easement, page 38, under Exhibit A, paragraph 3. The paragraph states that " Use of this easement shall be limited to serving one residence on the above-described parcel conveyed by this deed, associated outbuildings for ranching purposes, and for a commercial horse -boarding facility, riding arena, and horse training area". This paragraph limits the road easement to one residence to a commercial horse boarding and training area only. This is not, or planned to be, a commercial horse boarding and training area or facility. We are not asking for an ADU added to the property for this use, my son and his girlfriend are permanent residence to this property and we are only asking for an Additional Dwelling Unit so they can live in a separate home on the property. I believe that the limited access easement was only set up for the possible commercial horse boarding and training facility and that the limited access is not for the current use. The current use for this property is residential, farming and ranching. ARTICLE 7: STANDARDS DIVISION 1. GENERAL APPROVAL STANDARDS. The following standards apply to all proposed Land Use Changes, including divisions of land, unless elsewhere in this Code a use is explicitly exempt from one or more standards. 7-101. ZONE DISTRICT USE REGULATIONS. The Land Use Change shall comply with Article 3, Zoning, including any applicable zone district use restrictions and regulations. 7-102. COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS. The Land Use Change is in general conformance with the Garfield County Comprehensive Plan and complies with any applicable intergovernmental agreement. 7-103. COMPATIBILITY. The nature, scale, and intensity of the proposed use are compatible with adjacent land uses. 7-104. SOURCE OF WATER. All applications for Land Use Change Permits shall have an adequate, reliable, physical, long- term, and legal water supply to serve the use, except for land uses that do not require water, or that contain Temporary Facilities served by a licensed water hauler. A. BOCC Determination. The BOCC, pursuant to C.R.S. § 29-20-301, et seq., shall not approve an application for a Land Use Change Permit, including divisions of land, unless it determines in its sole discretion, after considering the application and all of the information provided, that the Applicant has satisfactorily demonstrated that the proposed water supply will be adequate. Nothing in this section shall be construed to require that the Applicant own or have acquired the proposed water supply or constructed the related infrastructure at the time of the application. B. Determination of Adequate Water. The BOCC's sole determination as to whether an Applicant has an Adequate Water Supply to meet the water supply requirements of a proposed development shall be based on consideration of the following information: 1. The documentation required by the Water Supply Plan per section 4- 203. M.; 2. A letter from the State engineer commenting on the documentation provided in the Water Supply Plan per section 4-203.M.; 3. Whether the Applicant has paid to a Water Supply Entity a fee or charge for the purpose of acquiring water for or expanding or constructing the infrastructure to serve the proposed development; and 4. Any other information deemed relevant by the BOCC to determine, in its sole discretion, whether the water supply for the proposed development is adequate, including without limitation, any information required to be submitted by the Applicant pursuant to this Code or State statutes. 7-1 7-105. CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS. A. Water Distribution Systems. The land use shall be served by a water distribution system that is adequate to serve the proposed use and density. 1. Where water service through a Water Supply Entity is not physically or economically feasible, a central well and distribution system is preferred over individual wells. 2. A Central Water Distribution System is required if: a. The property is located within 400 feet of a Central Water System, the system is available and adequate to serve the proposed development, and connection is practicable and feasible; or b. The residential development consists of 15 or more dwelling units. B. Wastewater Systems. The land use shall be served by a wastewater system that is adequate to serve the proposed use and density. 1. Every effort shall be made to secure a public sewer extension. Where connections to an existing public sewer are not physically or economically feasible, a central collection system and treatment plant is preferred. 2. A central wastewater system is required if a. The property is located within 400 feet of a Sewage Treatment Facility, the system is available and adequate to serve the proposed development, and connection is practicable and feasible. b. The property is not suitable for an OWTS. Septic systems are not permitted on parcels less than 1 acre in size. Table 7-105: Sewage Disposal System Minimum Lot Requirements Type of Disposal Method of Disposal Lot Area On LotSeptic Tank (Subsurface) or Dispersal Method Prohibited2 Allowed3 Allowed Off Lot4 Non -discharging: Subsurface Disposal Allowed Allowed Allowed Discharging: Ground Surface or Waters of the State Allowed Allowed Allowed Notes: 1. Shall comply with County OWTS regulations and applicable State requirements. 2. Prohibited for new development; may be allowable for legal nonconforming lots. 3. Domestic water shall be supplied from an approved source. 4. Shall be approved by the State. 7-106. PUBLIC UTILITIES. A. Adequate Public Utilities. Adequate Public Utilities shall be available to serve the land use. B. Approval of Utility Easement by Utility Company. Utility easements shall be subject to approval by the applicable utility companies and, where required, additional easements shall be provided for main switching stations and substations. The Applicant shall work with the utility companies to provide reasonably - sized easements in appropriate locations. \�o L� C2ps.� �. r - s �z w�.Z�i- ► A10 Ch +a-'‘91, 7-2 C. Utility Location. Unless otherwise provided in this Code, the following conditions shall apply to the location of utility services. 1. Underground Location. All utilities except major power transmission lines, transformers, switching and terminal boxes, meter cabinets, and other appurtenant facilities shall be located underground throughout the development unless it is demonstrated to the satisfaction of the BOCC that compliance is impractical or not feasible and will result in undue hardship. 2. Easement Location. As applied to Subdivisions and Exemptions, all utility lines, including appurtenances, shall be placed either within roads or public rights-of-way. 3. Dimensional Requirements. a. Easements centered on common Rear Lot Lines shall be at least 16 feet wide. b. Where an easement abuts a Rear Lot Line that is not the Rear Lot Line of another lot, or that is on the perimeter of the development, the easement width shall be a minimum of 10 feet. c. Where inclusion of utilities within the Rear Lot Line is impractical due to topographical or other conditions, perpetual unobstructed easements at least 10 feet in width shall be provided alongside Lots Lines with satisfactory access to the road or Rear Lot Line. d. Where easements are combined with a water course, drainage way, channel, or stream and the use would be in conflict with drainage requirements or Wetlands, an additional utility easement of at least 10 feet in width shall be provided. e. Multiple use of an easement is encouraged to minimize the number of easements. -z)( t bT1``ci NtO tt.A ft-s.114-em-7-404 Ilio Ch roiff.. D. Dedication of Easements. All utility easements shall be dedicated to the public. Drainage easement may be dedicated to either the public or to an HOA. E. Construction and Installation of Utilities. Applicants shall make the necessary arrangements with each service utility for the construction and installation of required utilities. Utilities shall be installed in a manner that avoids unnecessary removal of trees or excessive excavations, and shall be reasonably free from physical obstructions. F. Conflicting Encumbrances. Easements shall be free from conflicting legal encumbrances. 7-107. ACCESS AND ROADWAYS. All roads shall be designed to provide for adequate and safe access and shall be reviewed by the County Engineer. A. Access to Public Right -of -Way. All lots and parcels shall Ie l and physical access to a public right-of-way. fi l�rz� +0 E 1 B. Safe Access. Access to and from the use shall be safe and in conformance with applicable County, State, and Federal access regulations. Where the Land Use Change causes warrant(s) co -1 y 7-3 for improvements to State or Federal highways or County Roads, the developer shall be responsible for paying for those improvements. C. Adequate Capacity. Access serving the proposed use shall have the capacity to efficiently and safely service the additional traffic generated by the use. The use shall not cause traffic congestion or unsafe traffic conditions, impacts to the County, State, and Federal roadway system shall be mitigated through roadway improvements or impact fees, or both. D. Road Dedications. All rights-of-way shall be dedicated to the public and so designated on the Final Plat. They will not, however, be accepted as County roads unless the BOCC specifically designates and accepts them as such. n E. Impacts Mitigated. Impacts to County roads associated with hauling, truck traffic, and equipment use shall be mitigated through roadway improvements or impact fees, or both. F. Design Standards. No n Roadways, surfaces, curbs and gutters, and sidewalks shall be provided as follows: 1. Circulation and Alignment. The road system shall provide adequate and efficient internal circulation within the development and provide reasonable access to public highways serving the development. Roads shall be designed so that alignments will join in a logical manner and combine with adjacent road systems to form a continuous route from 1 area to another. 2. Intersections. No more than 2 streets shall intersect at 1 point, with a minimum of 200 feet between off -set intersections, unless otherwise approved by the County. //Dnr 7-4 Table 7-107: Roadway Standards Design Standards Design Capacity (ADT) Major Collector Minor Secondary Rural Access Collector Access Semi Primitive Primitive/ Driveway Public Land Access 2501+ 401- 2500 201— 400 101-200 21-100 0 — 20 No Access to DU Minimum ROW Width (Feet) 80 60 50 50 40 15 to 301 30 Lane Width (Feet) 12 12 11 11 8 Single Lane 12 Single Lane 12 Shoulder Width (Feet) 8 6 Min. Paved 6 4 Min. Paved 6 4 Min. Paved 4 2 Min. Paved 2 0 0 Ditch Width (Feet) 10 10 6 6 4 32 0 Cross Slope 2% 2% 2% 2%Chip/Seal 3% Gravel 2% Chip/Seal 3% Gravel 2% n/a Shoulder Slope 3% 3% 5% 5% 5% n/a n/a Design Speed 35 mph 35 mph n/a n/a n/a n/a n/a Minimum Radius (Feet) 425 185 80 80 50 40 n/a Maximum % Grade 8% 8% 10% 12% 12% 12% 12% Surface Asphalt or Chip/Seal Chip/Seal Chip/Seal or Gravel Gravel 4 Gravel Native Material n/a 1 As determined adequate in an engineering review Primitive road either an easement or ROW 2 If determined necessary for adequate drainage shall be dedicated ROW, driveway can be dedicated as ,---1 _ 1. Circulation and Alignment. The road system shall provide adequate and efficient internal circulation within the development and provide reasonable access to public highways serving the development. Roads shall be designed so that alignments will join in a logical manner and combine with adjacent road systems to form a continuous route from 1 area to another. 2. Intersections. No more than 2 streets shall intersect at 1 point, with a minimum of 200 feet between off -set intersections, unless otherwise approved by the County. //Dnr 7-4 3. Street Names. Street names shall be consistent with the names of existing streets in the same alignment. There shall be no duplication of street names in the County. 74or\ t 14-4- 4. Congestion and Safety. The road system shall be designed to minimize road congestion and unsafe conditions. 5. Continuation of Roads and Dead -End Roads. Roads shall be arranged to provide for the continuation of major roads between adjacent properties when appropriate and necessary for traffic movement, effective fire protection, or efficient provision of utilities. a. If the adjacent property is undeveloped and the road must be temporarily dead -ended, right-of-way shall be extended to the property line and the BOCC may require construction and maintenance of a turnaround for temporary use. The Final Plat shall include a Plat notation that land outside the normal road right-of-way shall revert to abutting property owners when the road is continued, after compliance with the County road vacation process. b. Dead-end streets may be permitted provided they are not more than 600 feet in length and provide for a cul-de-sac or a T-shaped turnaround based on the following design standards. The BOCC may approve longer cul-de-sacs for topographical reasons if adequate fire protection and emergency egress and access can be provided. (1) Cul-de-sacs shall have a radius of at least 45 feet measured from the center of the cul-de-sac, and (a) Nonresidential development shall have at least a 75 -foot right-of-way where tractor trailer trucks will enter the property; and (b) Residential development shall have a 50 - foot right-of-way; (2) T-shaped Turnaround. (a) Nonresidential development shall have a minimum turning radius of 75 feet where tractor trailer trucks will enter the property; and (b) Residential development shall have a minimum turning radius of 50 feet. c. Dead-end streets shall be discouraged, except in cases where the dead-end is meant to be temporary with the intent to extend or connect the right-of-way in the future. If a dead-end street is approved, room for plowed snow storage shall be included by providing a T-shaped turnaround with a minimum turning radius of 50 feet for residential development and 75 feet for commercial/industrial development where tractor trailer trucks will enter the property. A dead-end street is different from a cul-de- sac in that a dead-end street has no permanent turnaround at the end of the street. 6. Relationship to Topography. Streets shall be designed to be compatible with the topography, creeks, wooded areas, and other natural features. Combinations of steep grades and curves should be avoided. When, due 0 n LJ 7-5 to topography, hazards or other design constraints, additional road width is necessary to provide for the public safety by cut and/or fill area, drainage area, or other road appurtenances along roadways, then dedication or right-of way in excess of the minimum standards set forth in this Code shall be required. 7. Erosion and Drainage. The road system shall minimize erosion and provide for efficient and maintainable drainage structures. 8. Commercial and Industrial. The roads and access in commercial and industrial developments shall be designed to minimize conflict between vehicular and pedestrian traffic. A-10r z_ 9. Emergency Access and Egress. Roads shall be designed so as to provide emergency access and egress for residents, occupants, and emergency equipment. Emergency access shall comply with provisions of the International Fire Code and requirements of applicable emergency services, such as fire protection, ambulance, and law enforcement. 5 -roc, b 10. Traffic Control and Street Lighting. Traffic control devices, street signs, street lighting, striping, and pedestrian crosswalks are to be provided as required by the County Road and Bridge Department or other referral agencies. A-/©\ 11. Drainage Structures. a. Roadway drainage structures such as bridges, culverts, cross pans, inlets, and curbs and gutters shall be provided as determined by design and in conformance with the County road standards. b. Culverts are required where driveways connect to roadways unless specifically exempted by the County Road and Bridge Department. It is the responsibility of the property owners to maintain their culverts free and clear of mud, silt, debris, and ice. Water that flows out of driveways must be diverted to ditches. Damage to a road caused by a blocked culvert, lack of culvert, or driveway Runoff is the responsibility of the property owner and costs of repairs by the County may be billed to the property owner as authorized by C.R.S. Title 43, Article 5. ��c r $}; � 8 04r ,SJ i j 12. Roadside Ditches. Water flowing in roadside ditches shall be diverted away from the road as quickly as possible. In no case shall water travel in a roadside ditch for a distance greater than 800 feet or have a flow greater than 5 cubic feet per second during a 25-year, 24-hour storm event. r4-I 7-108. USE OF LAND SUBJECT TO NATURAL HAZARDS. Land subject to identified Natural and Geologic Hazards, such as falling rock, landslides, snow slides, mud flows, radiation, flooding, or high water tables, shall not be developed unless it has been designed to eliminate or mitigate the potential effects of hazardous site conditions as designed by a qualified professional engineer and as approved by the County. ,J<<,7^ 7-109. FIRE PROTECTION. A. Adequate Fire Protection. Adequate fire protection will be provided for each land use change as required by the appropriate fire protection district. .j 7-6 B. Subdivisions. All divisions of land must be reviewed and approved by the appropriate fire protection district for adequate primary and secondary access, fire lanes, water sources for fire protection, fire hydrants, and maintenance provisions. DIVISION 2. GENERAL RESOURCE PROTECTION STANDARDS. The following resource protection standards apply to all proposed Land Use Changes, including divisions of land unless elsewhere in this Code a use is explicitly exempt from 1 or more standards. 7-201. AGRICULTURAL LANDS. A. No Adverse Effect to Agricultural Operations. Land Use Changes on lands adjacent to or directly affecting agricultural operations shall not adversely affect or otherwise limit the viability of existing agricultural operations. Proposed division and development of the land shall minimize the impacts of development on Agricultural Lands and agricultural operations, and maintain the opportunity for agricultural production. AiF B. Domestic Animal Controls. Dogs and other domestic animals that are not being used to assist with the herding or the care of livestock shall not be permitted to interfere with livestock or the care of livestock on Agricultural Lands. The County shall require protective covenants or deed restrictions as necessary to control domestic animals. C. Fences. The County is a Right to Farm County consistent with section 1-301. Fences shall be constructed to separate the development from adjoining Agricultural Lands or stock drives as required to protect Agricultural Lands by any new development and to separate new development from adjoining agricultural operations. All parts of the fencing including such items as gates, cattle guards, boards, posts, and wiring shall be maintained by the owner, HOA, or other responsible entity. A_1) c\oi /\1 ,(deo D. Roads. Roads shall be located a sufficient distance back from the property boundaries so that normal maintenance of roads, including snow removal, will not damage boundary fences. Dust control shall be required, both during and after construction, to minimize adverse impacts to livestock and crops. E. Ditches. 1. Colorado State Statutes, C.R.S. 37-86-102, provides that "any person owning a water right or conditional water right shall be entitled to a right- of-way through the lands which lie between the point of diversion and point of use or proposed use for the purpose of transporting water for beneficial use in accordance with said water right or conditional water right." A plat note shall be placed on all final plats and site plans for land use change permits for properties that are impacted by, or contain, irrigation ditches. 2. The Colorado Constitution Article XVI, Section 7 provides that all persons and corporations shall have the right-of-way across public, private and corporate lands for the construction of ditches for the purposes of conveying water for domestic, agricultural, mining, manufacturing and drainage purposes upon just compensation. 3. Rights -of -Way. The land use change shall not interfere with the ditch rig hts-of-way. l 1 e c y /4) 4( 1 `‘, ��+ 7-7 4. Maintenance. Where irrigation ditches cross or adjoin the land proposed to be developed, the developer shall insure that the use of those ditches, including maintenance, can continue uninterrupted. 5. Maintenance Easement. A maintenance easement shall be indicated on any Final Plat for the division of land or for the final development plan for any other land use. The Applicant shall provide a letter from the ditch owner accepting that the development proposal will have no impact on their ability to maintain the ditch and that an adequate maintenance easement is possible. No structure or fence shall be placed within the right-of-way or easement without written permission from the appropriate ditch owner. 6. Ditch Crossings. Ditch crossings shall respect the rights of ditch owner(s) to operate and maintain their ditch without increased burden of maintenance or liability. Development shall minimize ditch crossings. At a minimum all irrigation ditch crossings shall: a. Require the crossing be sized to not interfere with ditch operations or change existing hydraulic flow characteristics; b. Provide vehicle and maintenance equipment access to the ditch from both sides of the ditch crossing from all roads for use by the ditch owner(s); c. Prior to permit application, or construction within the ditch right-of- way the Applicant shall provide a letter from the ditch company regarding agreement with standards contained in the proposed crossing; d. The BOCC may require specific improvements to ditch crossings if determined to be necessary in the review process, particularly if these improvements are required to address safety concerns; 7. Referral to Ditch Owner. Application for Division of Land or Land Use Change Permit that may affect or impact any ditch right-of-way shall include the name and mailing address of the ditch owner. (This information may be obtained by contacting the Water Commissioner at the Colorado Division of Water Resources to determine the ditch owner for purposes of requesting review and comment on the development proposal). 8. Drainage. Application for Division of Land or Land Use Change Permit that includes any improvements located adjacent to or below grade of an irrigation ditch shall address and mitigate potential impacts to the irrigation ditch in a drainage plan. The drainage plan shall demonstrate that the drainage will not impair operation of the ditch. 9. Water Quality and Stormwater Management. No development or changes in land use shall channel surface waters into any irrigation ditch without the written consent of the ditch owner. 7-202. WILDLIFE HABITAT AREAS. The Applicant shall consult with the Colorado Parks and Wildlife or a qualified wildlife biologist in determining how best to avoid or mitigate impacts to wildlife habitat areas. Methods may include, but are not limited to, 1 or more of the following: 7-8 A. Buffers. Visual and sound buffers shall be created through effective use of topography, vegetation, and similar measures to screen structures and activity areas from habitat areas. B. Locational Controls of Land Disturbance. Land disturbance shall be located so that wildlife is not forced to use new migration corridors, and is not exposed to significantly increased predation, interaction with vehicles, intense human activity, or more severe topography or climate. C. Preservation of Native Vegetation. 1. Proposed Land Use Changes are designed to preserve large areas of vegetation utilized by wildlife for food and cover, based upon recommendations by the Colorado Parks and Wildlife. 2. When native vegetation must be removed within habitat areas, it shall be replaced with native and/or desirable nonnative vegetation capable of supporting post -disturbance land use. 3. Vegetation removed to control noxious weeds is not required to be replaced unless the site requires revegetation to prevent other noxious weeds from becoming established. D. Habitat Compensation. Where disturbance of critical wildlife habitat cannot be avoided, the developer may be required to acquire and permanently protect existing habitat to compensate for habitat that is lost to development. E. Domestic Animal Controls. The County may require protective covenants or deed restrictions as necessary to control domestic animals by fencing or kenneling. 7-203. PROTECTION OF WATERBODIES. A. Minimum Setback. 1. A setback of 35 feet measured horizontally from the Typical and Ordinary High Water Mark (TOHWM) on each side of a Waterbody is required. 2. In the case of entrenched or incised streams, where the vertical distance from the bank exceeds 25 feet, all activities, except for those referenced in section 7-203.A.3, will adhere to a setback of 2.5 times the distance between the TOHWMs or 35 feet, whichever is less. 3. A minimum setback of 100 feet measured horizontally from the TOHWM shall be required for any storage of hazardous materials and sand and salt for use on roads. Setback Setback ---3y.0"—e f-35-0" iHigh Water Area i 1 1 Sc._ -c to 1 V 141-P Figure 7-203: Minimum Setback Distance 7-9 B. Structures Permitted In Setback. Irrigation and water diversion facilities, flood control structures, culverts, bridges, pipelines, and other reasonable and necessary structures requiring some disturbance within the 35 foot setback may be permitted. C. Structures and Activity Prohibited in Setback. Unless otherwise permitted or approved, the following activities and development shall be prohibited in the 35 foot setback: 1. Removal of any existing native vegetation or conducting any activity which will cause any loss of riparian area unless it involves the approved removal of noxious weeds, nonnative species, or dead or diseased trees. 2. Disturbance of existing natural surface drainage characteristics, sedimentation patterns, flow patterns, or flood retention characteristics by any means, including without limitation grading and alteration of existing topography. Measures taken to restore existing topography to improve drainage, flow patterns, and flood control must be approved. D. Compliance with State and Federal Laws. Any development impacting a Waterbody shall comply with all applicable state and federal laws, including, but not limited to, CDPHE water quality control division regulations and the Army Corp of Engineers regulations and permitting for waters of the U.S. 7-204 DRAINAGE AND EROSION. A. Erosion and Sedimentation. Excluding Grading activities for agricultural purposes, development disturbing 1 acre or more is subject to the CDPHE National Pollutant Discharge Elimination System Permit, unless otherwise exempted by CDPHE. B. Drainage 1. Site Design to Facilitate Positive Drainage. Lots shall be laid out to provide positive drainage away from all buildings. 2. Coordination With Area Storm Drainage Pattern. Individual lot drainage shall be coordinated with the general storm drainage pattern for the area. a. Drainage ditches shall have a minimum Slope of no less than 0.75%. Energy dissipaters or retention ponds shall be installed in drainage ditches where flows are in excess of 5 feet per second. Ditches adjacent to roads shall have a maximum Slope of 3:1 on the inside and outside edges, except where there is a cut Slope on the outside edge, in which case the edge of the ditch shall be matched to the cut Slope. b. Subdrains shall be required for all foundations where possible and shall divert away from building foundations and daylight to proper drainage channels. c. Avoid Drainage to Adjacent Lots. Drainage shall be designed to avoid concentration of drainage from any lot to an adjacent lot. C. Stormwater Run -Off. tvr1 -J These standards shall apply to any new development within 100 feet of a Waterbody and to any other development with 10,000 square feet or more of impervious surface area. 7-10 1. Avoid Direct Discharge to Streams or Other Waterbodies. Stormwater Runoff from project areas likely to contain pollutants shall be managed in a manner that provides for at least 1 of the following and is sufficient to prevent water quality degradation, disturbance to adjoining property, and degradation of public roads. a. Runoff to Vegetated Areas. Direct run-off to stable, vegetated areas capable of maintaining Sheetflow for infiltration. Vegetated receiving areas should be resistant to erosion from a design storm of 0.5 inches in 24 hours. b. On -Site Treatment. On-site treatment of stormwater prior to discharge to any natural Waterbody by use of best management practices designed to detain or infiltrate the Runoff and approved as part of the stormwater quality control plan prior to discharge to any natural Waterbody. c. Discharge to Stormwater Conveyance Structure. Discharge to a stormwater conveyance structure designed to accommodate the projected additional flows from the proposed project, with treatment by a regional or other stormwater treatment facility. 2. Minimize Directly -Connected Impervious Areas. The site design shall minimize the extent of directly -connected impervious areas by including the following requirements: a. Drainage Through Vegetated Pervious Buffer Strips. Runoff from developed impervious surfaces (rooftops, Parking Lots, sidewalks, etc.) shall drain over stable, vegetated pervious areas before reaching stormwater conveyance systems or discharging to Waterbodies. b. Techniques Used in Conjunction with Buffer Strip. The requirement that all impervious areas drain to vegetated pervious buffer strips may be reduced if the outflow from the vegetated pervious buffer strip is directed to other stormwater treatment methods. Examples of other potential techniques to be used in conjunction with vegetated pervious buffer strip are: infiltration devices, grass depressions, constructed Wetlands, sand filters, dry ponds, etc. c. Grass Buffer Strip Slope Design. When impervious surfaces drain onto grass buffer strips, a Slope of less than 10% is encouraged, unless an alternative design is approved by the County. 3. Detain and Treat Runoff. Permanent stormwater detention facilities are required to be designed to detain flows to historic peak discharge rates and to provide water quality benefits and maintained to ensure function. Design criteria for detention facilities include: a. Detention facilities shall ensure the post -development peak discharge rate does not exceed the pre -development peak discharge rate for the 2 -year and 25 -year return frequency, 24- hour duration storm. In determining Runoff rates, the entire area contributing Runoff shall be considered, including any existing off- site contribution. b. To minimize the threat of major property damage or loss of life, all permanent stormwater detention facilities must demonstrate that there is a safe passage of the 100 -year storm event without causing property damage. 7-11 c. Channels downstream from the stormwater detention pond discharge shall be protected from increased channel scour, bank instability, and erosion and sedimentation from the 25 -year return frequency, 24-hour design storm. d. Removal of pollutants shall be accomplished by sizing dry detention basins to incorporate a 40 -hour emptying time for a design precipitation event of 0.5 inches in 24 hours, with no more than 50% of the water being released in 12 hours. If retention ponds are used, a 24-hour emptying time is required. For drainage from Parking Lots, vehicle maintenance facilities, or other areas with extensive vehicular use, a sand and oil grease trap or similar measures also may be required. To promote pollutant removal, detention basins length -to -width ratio should be not less than 2, with a ratio of 4 recommended where site constraints allow. A sedimentation "forebay" is recommended to promote long-term functioning of the structure. Access to both the forebay and pond by maintenance equipment is required. e. Culverts, drainage pipes, and bridges shall be designed and constructed in compliance with AASHTO recommendations for a water live load. 7-205. ENVIRONMENTAL QUALITY. A. Air Quality. Any Land Use Change shall not cause air quality to be reduced below acceptable levels established by the Colorado Air Pollution Control Division. B. Water Quality. At a minimum, all hazardous materials shall be stored and used in compliance with applicable State and Federal hazardous materials regulations. 7-206. WILDFIRE HAZARDS. The following standards apply to areas subject to wildfire hazards as identified on the County Wildfire Susceptibility Index Map as indicated in the County's Community Wildfire Protection Plan. �t� cN. A. Location Restrictions. Development associated with the land use change shall not be located in any area designated as a severe wildfire Hazard Area with Slopes greater than 30% or within a fire chimney as identified by the Colorado State Forest Service. B. Development Does Not Increase Potential Hazard. The proposed Land Use Change shall be developed in a manner that does not increase the potential intensity or duration of a wildfire, or adversely affect wildfire behavior or fuel composition. C. Roof Materials and Design. Roof materials shall be made of noncombustible materials or other materials as recommended by the local fire agency. 7-207. NATURAL AND GEOLOGIC HAZARDS. A. Utilities. Above -ground utility facilities located in Hazard Areas shall be protected by barriers or diversion techniques approved by a qualified professional engineer. The determination 7-12 to locate utility facilities above ground shall be based upon the recommendation and requirements of the utility service provider and approved by the County. B. Development in Avalanche Hazard Areas. Development may be permitted to occur in Avalanche Hazard Areas if the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or qualified professional geologist, and the plan approved by the County. 1. Building construction shall be certified to withstand avalanche impact and static loads and otherwise protected by external avalanche -defense structures that have been similarly certified. 2. Driveways and Subdivision roads shall avoid areas where avalanches have return periods of fewer than 10 years. 3. Clear -cutting or other large-scale removal of vegetation is prohibited in avalanche path starting zones, or in other locations that can increase the potential avalanche hazard on the property. 4. Extractive operations in Avalanche Hazard Areas are prohibited when snow is on the ground unless a program of avalanche control and defense measures has been approved by the County to protect the operation. /dp,\ F. C. Development in Landslide Hazard Areas. Development may be permitted to occur in Landslide Hazard Areas only if the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or qualified professional geologist, and as approved by the County. 1. Development shall comply with recommended construction practices to artificially stabilize, support, buttress, or retain the potential slide area and to control surface and subsurface drainage that affects the slide area. 2. The following development activities shall be prohibited in Landslide Hazard Areas: a. Activities that add water or weight to the top of the Slope, or along the length of the Slope, or otherwise decrease the stability of the Hazard Area. Measures and structural improvements to permanently control surface and subsurface drainage from the development shall be required. b. Activities that remove vegetation or other natural support material that contributes to its stability. c. Activities that increase the steepness of a potentially unstable Slope. d. Activities that remove the toe of the landslide, unless adequate mechanical support is provided. ® rti, D. Development in Rockfall Hazard Areas. Development shall be permitted to occur in rockfall Hazard Areas only if the Applicant demonstrates that the development cannot avoid such areas and the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or a qualified professional geologist, and as approved by the County. 1. Development shall comply with recommended construction practices to minimize the degree of hazard. Construction practices may include: 7-13 a. Stabilizing rocks by bolting, gunite application (cementing), removal of unstable rocks (scaling), cribbing, or installation of retaining walls. b. Slowing or diverting moving rocks with rock fences, screening, channeling, damming, or constructing concrete barriers or covered galleries. c. Installation of structural barriers around vulnerable structures to prevent rock impact. 2. The following development activities shall be prohibited in rockfall Hazard Areas: a. Activities that add water or weight to, or otherwise decrease the stability of, cliffs or overhanging strata. b. Activities that will reduce stability, including activities that remove vegetation or other natural support material, or that require excavation, or cause erosion that will remove underlying support to a rockfall Hazard Area. /Lion E. Development in Alluvial Fan Hazard Area. Development shall only be permitted to occur in an alluvial fan if the Applicant demonstrates that the development cannot avoid such areas, and the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or qualified professional geologist, and as approved by the County: 1. Development shall be protected using structures or other measures on the uphill side that channel, dam, or divert the potential mud or debris flow. 2. Disturbance shall be prohibited in the drainage basin above an alluvial fan, unless an evaluation of the effect on Runoff and stability of the fan and on the ground water recharge area shows that disturbance is not substantial or can be successfully mitigated. F. Slope Development. /O n �� Development on Slopes 20% or greater shall only be permitted to occur if the Applicant demonstrates that the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or qualified professional geologist, and as approved by the County: 1. Building lots with 20% or greater Slope shall require a special engineering study to establish the feasibility of development proposed for the site. The study shall address feasibility of construction required for the use and describe the mitigation measures to be used to overcome excessive Slope problems. 2. Development shall be permitted to occur on Slopes greater than 30% only if the Applicant demonstrates that the development cannot avoid such areas and the development complies with the following minimum requirements: a. Cutting, filling, and other Grading activities shall be confined to the minimum area necessary for construction. b. Development shall be located and designed to follow natural grade, rather than adjusting the site to fit the structure. Roads and driveways built to serve the development shall follow the contours 1 7-14 of the natural terrain and, if feasible, shall be located behind existing Iandforms. 3. Development on Unstable or Potentially Unstable Slopes. If a site is identified as having moderate or extremely unstable Slopes, then development shall be permitted only if the Applicant demonstrates that the development cannot avoid such areas and the development complies with certified geotechnical design and construction stabilization and maintenance measures. a. Cutting into the Slope is prohibited without provision of adequate mechanical support. b. Adding water or weight to the top of the Slope, or along the length of the Slope, is prohibited. c. Vegetation shall not be removed from the Slope unless the integrity of the Slope can be adequately maintained. 4. Development on Talus Slopes. Development shall be permitted to occur on a Talus Slope only if the Applicant demonstrates that the development cannot avoid such areas, and the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or a qualified professional geologist, and as approved by the County: a. The development shall be designed to withstand down Slope movement. b. The design shall include buried foundations and utilities below the active Talus Slope surface. c. Site disturbance shall be minimized to avoid inducing slope instability. d. The toe of a Talus Slope shall not be removed unless adequate mechanical support is provided. �p G. Development on Corrosive or Expansive Soils and Rock. Development in areas with corrosive or expansive soils and rock shall be designed based upon an evaluation of the development's effect on Slope stability and shrink -swell characteristics. Development shall be permitted only if the Applicant demonstrates that the development cannot avoid such areas and the development complies with design, construction stabilization, and maintenance measures certified by a qualified professional engineer, or qualified professional geologist, and is approved by the County. 1 Surface drainage shall be directed away from foundations. 2. Runoff from impervious surfaces shall be directed into natural drainages or otherwise on-site in a manner that does not create or increase adverse impacts to the development site or to adjacent or other property. A10 es. �3 H. Development in Mudflow Areas. Development shall be permitted in a mudflow area only if the Applicant demonstrates that the development cannot avoid such areas, and the development adequately employs, construction stabilization, and mitigation and maintenance measures as designed by a qualified professional engineer, or qualified professional geologist, and as approved by the County. A r 7-15 I. Development Over Faults. Development shall be permitted over faults only if the Applicant demonstrates that such areas cannot be avoided and the development complies with mitigation measures based on geotechnical analysis and recommendations, as certified by a qualified professional engineer, or qualified professional geologist, and approved by the County. 7-208. RECLAMATION. A. Applicability. These standards shall apply to any development that requires a Land Use Change Permit, including divisions of land, as well as to the following activities: 1. Installation of ISDS. Installation of a new or replacement ISDS. 2. Driveway Construction. Any driveway construction that requires a Garfield County Access Permit or a CDOT Access Permit. 3. Preparation Area. All areas disturbed during development that do not comprise the longer-term functional areas of the site but are those areas used q for the short-term preparation of the site. B. Reclamatibri ? i Curbed Areas. Areas disturbed during development shall be restored as natural -appearing landforms that blend in with adjacent undisturbed topography. When the final landform is achieved, the surface shall be stabilized by vegetation or other means to reduce further soil erosion from wind or water, provide forage and cover, prevent fugitive dust as required by State Statute, and reduce visual impacts. 1. Contouring and Revegetation. Abrupt angular transitions and linear placement on visible Slopes shall be avoided. Areas disturbed by Grading shall be contoured so they can be revegetated, and shall be planted and have vegetation established. A uniform vegetative cover shall be established with an individual plant density of at least 70% of pre - disturbance levels within 4 growing seasons. Revegetation cover shall consist of a diversity of native and/or beneficial nonnative vegetation species capable of supporting the post -disturbance land use. State or County listed noxious weeds, as well as alien annual invasive species, do not count as part of the 70% cover. To the maximum extent feasible, disturbed areas shall be revegetated to a desired plant community with composition of weed -free species and plant cover typical to that site. 2. Weed Management. A management plan with appropriate strategies shall be employed for all Garfield County listed noxious weeds, State of Colorado listed noxious weeds that are targeted for statewide eradication and any other invasive species. 3. Application of Top Soil. Top soil shall be stockpiled and placed on disturbed areas and managed for later use in reclamation. Provisions for salvaging on-site topsoil, a timetable for eliminating topsoil and/or aggregate piles and a plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more shall be reviewed and accepted by the Garfield County Vegetation Manager. 4. Retaining Walls. Retaining walls made of wood, stone, vegetation, or other materials that blend with the natural landscape shall be used to reduce the steepness of cut Slopes and to provide planting pockets conducive to revegetation. 5. Slash Around Homes. To avoid insects, diseases, and wildfire hazards, all vegetative residue, branches, limbs, stumps, roots, or other such 7-16 /tiCrr‘ flammable lot -clearing debris shall be removed from all areas of the lot in which such materials are generated or deposited, prior to final building inspection approval. 6. Removal of Debris. Within 6 months of substantial completion of soil disturbance, all brush, stumps, and other debris shall be removed from the site. 7. Time Line Plan. Every area disturbed shall have a time line approved for the reclamation of the site. DIVISION 3. SITE PLANNING AND DEVELOPMENT STANDARDS. Unless a use is explicitly identified elsewhere in this Code as being exempt from 1 or more standards, the following standards shall apply to all uses, divisions of land and PUDs. Single- family dwelling units, are specifically exempt from these Division 3 standards. 7-301. COMPATIBLE DESIGN. The design of development associated with the land use change shall be compatible with the existing character of adjacent uses. A. Site Organization. The site shall be organized in a way that considers the relationship to streets and lots, solar access, parking, pedestrian access, and access to common areas. B. Operational Characteristics. The operations of activities on the site shall be managed to avoid nuisances to adjacent uses relating to hours of operations, parking, service delivery, and location of service areas and docks. 1. Dust, odors, gas, fumes, and glare shall not be emitted at levels that are reasonably objectionable to adjacent property. 2. Noise shall not exceed State noise standards pursuant to C.R.S., Article 12 of Title 25, unless the use is regulated by the COGCC. In this case, the use shall be subject to COGCC Rules regarding noise abatement. 3. Hours of operation shall be established to minimize impacts to adjacent land uses. C. Buffering. Buffering shall be installed to mitigate visual, noise, or similar impacts to adjacent property whenever adjacent uses are in a different zone district. D. Materials. Exterior facades shall be constructed with materials that do not detract from adjacent buildings or uses. 7-302. OFF-STREET PARKING AND LOADING STANDARDS. A. Off -Street Parking Required. All land uses shall be required to provide the number of off-street parking spaces set forth in Table 7-302.A. Any use not specifically listed in Table 7-302.A. shall be determined by the Director. 1. A parking or loading space that is required by this Code shall not be a required parking or loading space for another use unless it can be shown that the shared use will not result in a shortage of parking at any time. Use of approved shared parking or loading spaces, based upon the 7-17 following conditions, may reduce the number of off-street parking spaces by up to 20% of the total required for all uses. a. The peak use periods for the required parking or loading space will not overlap with one another. b. The shared use arrangement for parking or loading spaces shall be for 2 or more uses located on the same site or adjoining sites. 2. When any calculation of the number of required off-street parking spaces results in a fractional space being required, such fraction shall be rounded up to the next higher number of spaces. Table 7-302.A.: Minimum Off -Street Parking Standards By Use Use Type Parking Standard • Single -Unit 2 Spaces Per Unit 2 -Unit 2 Spaces Per Unit Multi -Unit 2.5 Spaces Per Unit Manufactured Home Park 2 Spaces Per Unit — Transitional Housing 1 Space Per Unit Overnight/Emergency Shelter 1 Space Per Staff' Auditorium/Public Assembly Areas 1 Space Per 100 Square Feet of Seating Area Public Facility 1 Space Per 300 Square Feet of Floor Area2 Health Facility 1 Space Per 300 Square Feet of Floor Area2 Lodging 1 Space Per Room Restaurant and Tavern 1 Space Per Every 4 Seats Retail, Service, or Office 1 Space Per 250 Square Feet of Leasable Floor Area Wholesale Establishment, Warehouse, Rail or Truck Freight Terminals 1 space per 2,000 square feet of Floor Area Recreational Vehicle Park 1 Space per Recreational Vehicle Manufacturing Establishments 1 Space Per 1,000 Square Feet of Floor Area 1 Computed on the basis of the estimated maximum number of employees and volunteers on the site at any given time. 2. Net leasable areas include only those areas that are designed to be leased to a tenant and occupied for commercial or office purposes, exclusive of any area dedicated to foyers, bathrooms, stairways, circulation corridors, mechanical areas, and storage areas used solely by tenants on the site. B. Off -Street Loading Required. Buildings or structures that are designed or that are substantially altered so as to receive and distribute materials and merchandise by truck shall provide and maintain off-street loading spaces in sufficient number to meet their need. Where the property or use is served or designed to be served by tractor -trailer delivery vehicles, the standards in Table 7-302.B. shall be used in establishing the minimum number of off-street loading berths required. Table 7-302.B: Off -Street Loading Requirements Gross Floor Area of Building Required Berths or Spaces Up to 10,000 Square Feet Greater Than 10,000 Square Feet 1 Space 2 Spaces C. Continuing Obligation. The provision and maintenance of off-street parking and loading spaces that comply with this Code shall be a continuing obligation of the property owner. 7-18 D. Location of Required Parking Spaces. Required off-street parking spaces shall be located on the same lot or the adjacent lot proximate to the business they are intended to serve. E. Loading and Unloading. Loading and unloading of vehicles serving commercial and industrial uses shall be conducted in a manner that does not interfere with the proper flow of traffic. F. Parking and Loading Area Surface. 1. Surface Materials. Off-street parking areas, loading areas, aisles, and access drives shall have a durable, all-weather surface made of materials that are suitable for the uses to which the parking area will be put. 2. Grading and Drainage. Parking and loading surfaces shall be design by an engineer to ensure proper drainage off surface and stormwater. 3. Striping. Paved surfaces shall be striped to demarcate the parking spaces for all commercial lots and for residential lots containing over 4 contiguous spaces. ®c-, -7 G. Minimum Dimensions of Parking Areas. The minimum dimensions of parking spaces, aisles, and back-up areas are specified in Figure 7-302. The length of a parking space may be reduced to 18 feet, including wheel stop, if an additional area of 2 feet in length is provided for the front overhang of the car, provided that the overhang shall not reduce the width of the adjacent walkway to Tess than 4 feet. SF -I^vrTh -7 H. Compact Car Spaces. In parking areas containing more than 10 spaces, up to 20% of the number of spaces over the first 10 spaces may be designed and designated for compact cars. 1. Minimum Dimensions. A compact car space shall have minimum dimensions of 8 feet in width by 16 feet in length. 2. Signage. Compact car spaces shall be designated for exclusive use by compact cars and identified by stencil signage or a raised identification sign not to exceed dimensions. COMPACT CAR SPACE 8'X16' MINIMUM REGULAR SPACE 9' X 20' Figure 7-302: Parking Space Dimensions I. Minimum Dimensions of Loading Berths. The minimum dimension of any loading berth shall be 10 feet wide by 35 feet long, with a vertical clearance of 14 feet. If the typical size of vehicles used in connection with the proposed use exceeds these standards, the dimensions of these berths shall be increased. 7-19 J. Handicapped or Accessible Parking. Accessible parking shall comply with the County's construction codes and the adopted or most recent edition of CABO/ICC ANSI A 117.1. K. Unobstructed Access. Each required parking space shall have unobstructed access from a road or Alley, or from an aisle or drive connecting with a road or Alley, except for approved residential tandem parking. L. Tandem Parking. Tandem parking (a vehicle parking directly behind another) that meets the following conditions may be applied to meet the off-street parking standards of this Code: 1. The space does not impede the movement of other vehicles on the site; 2. Tandem spaces serving multi -family dwelling units are assigned to the same dwelling unit; and 3. Valet parking shall be provided for tandem spaces serving commercial uses. Swirl M. Backing Onto Public Streets Prohibited. All parking areas shall be located and designed in conjunction with a driveway so that vehicles exiting from a parking space shall not be required to back onto a public road. Vehicles exiting from a parking space for a single-family or duplex dwelling unit may back onto a residential street. Vehicles exiting from a parking space for any use may back onto the right-of-way of an Alley adjacent to the property. N. Access Driveways. Access driveways for required off-street parking areas shall be designed and constructed to facilitate the flow of traffic, provide maximum safety of traffic access and egress, and the maximum safety of pedestrian and vehicular traffic on the site. 1. Minimum Width. a. The minimum width of the access driveway for a commercial or industrial use shall be 12 feet for a 1 -way drive and 24 feet for a 2 - way drive. b. The access driveway for a residential use shall be 10 feet for a 1 - way drive and 20 feet for a 2 -way drive. 2. Clear Vision Area. Access driveways shall have a minimum clear vision area as described and illustrated in section 7-303.1. O.Parking and Loading Area Landscaping and Illumination. Off-street parking and loading areas for nonresidential uses located adjacent to residential uses or Residential Zoning Districts shall be landscaped to minimize disturbance to residents, including installation of perimeter landscaping, proper screening of loading areas with opaque materials, and control of illumination. 7-303. LANDSCAPING STANDARDS. Single -Family Dwelling Units, Accessory Dwelling Units, Industrial Uses and all uses located fully within a parcel of land in an Industrial Zone District are exempt from this section. A. General Standards. 1. All portions of the site where existing vegetative cover is damaged or removed, that are not otherwise covered with new improvements, shall be successfully revegetated with a mix of native, adaptive, and drought - tolerant grasses, ground covers, trees and shrubs. The density of the re - 7 -20 1111111111111111111111 111111 1111 1111111 Ill 1111 1111 11111 1 111111 11111 1111 1111 111111 1111 1111111 111 11111 1111 1111 1 of 1o4 R�208000DD10.003GARFIELD COUNTY CO DORF 89 of$ 11 R 0.000D0.00 GARFIELD COUNTY CO DORF LOUIS H. BUETTNER SURVEY 0040 WEST SOPRIS CREEK ROAD BASALT, COLORADO (970-927-3611) October 5, 2001 Micheal & Sheila Whittington 6534 Garfield County Road 331 Silt, Colorado 81652 The accompanying easement and right-of-way description, (titled Exhibit "A"), is based on my Survey of the pens property in April 1998. The description corrects typographical errors in the original description. The original description appears on the documents recorded in Book 521 at page 765, and Book 521 at page 785 used_ in my original Survey. I found the fifth centerline call in the original description was transcribed as 2141.34 feet, not 1241.34 feet. The sixth curve of the description stated the ARC distance was 67.56 feet, using a RADIUS of 113.17 feet. These two calls were reversed, the ARC should have been 113.17 feet and the RADIUS should have been 67.56 feet. I also interpreted the original description as to intent to traverse along the Dietrich southerly property boundary. If the right-of-way description was to traverse the southerly boundary some small changes had to be made to the description. The first small change was required to the course coming to the Dietrich property, this course had to be prolong. The course leaving the property had to be changed completely. The remainder of the description was unchanged. I have reviewed the correction description and found it to be correct to the best of my knowledge and belief. Any changes, addition or deletions of any part of this new description will act to void any responsibility, I may have towards the subject Access right-of-way. It is my understanding of the Law that any responsibilities relieved of me in regards to the new description will automatically flow to the party responsible for changing the description. I wish to thank you for the drawing you sent me, showing the property about the time of the writing of the original Access right-of-way description. I tried to obtain a copy at the time of my survey, but was unable to get a copy. All parties using the right-of-way and having the original description should change to the new description. If I can be of any additional help, please call. 1111111 ii11111111111111111111i11ii11111111i111i11111111 111111111111111111111111111111111111111 111111111111 IIII 394608 12/28/2001 03:30P 61316 P614 M ALSDORF 598582 01/29/2002 04 45P B1325 P227 M ALSDORF 2 of 4 R 20.00 D 0.00 GARFIELD COUNTY CO 9 of 11 R 0.00 D 0.00 GARFIELD COUNTY CO EXHIBIT "A" The Following Description is a correction description for the easement and permanent right-of-way described on Documents . recorded in Book 521 at Pages 765 and 785, of the Official Records for Garfield County, Colorado. These documents and possible others have an typographical error(s) in the description as they are written. The correction description is as follows: A strip of land 60.00 feet in width to be used as a permanent right-of-way situated in the NE SW=a, SE'4iNW4, SW'4NE;a, NW'aSE'i, SEI4NE'4, NE%+NE3a of Section 10; and the NI/NW'-, SW'4N*4 of section 11 in Township 7 South, Range 92 West of the Sixth Principal Meridian, Garfield County, Colorado, and the following centerline is more particularly described as follows: Beginning at an iron post with brass cap attached being a witness Quarter Corner common to Sections 3 and 10 of said Township and Range; thence South 27°20'40" West, 2976.52 feet to a point on the easterly right-of-way of Garfield County Road No. 331, the true POINT OF BEGINNING; thence North 89°09'44" East, 1154.55 feet; thence South 87°31'04" East, 258.85 feet; thence North 89°09'44" East, 930.86 feet; thence along the arc of a curve to the left 291.25 feet, said arc having a radius of 493.74 feet and the long chord bears North 72°15'48" East, 287.05 feet; thence North 55°21'51" East, 1241.34 feet; thence along the arc of a curve to the right 146.93 feet, said arc having a radius of 100.97 feet and the long chord bears South 82°56'52" East, 134.30 feet; thence South 41°04'03" East, 216.21 feet; thence along the arc of a curve to the left 145.22 feet, said arc having a radius of 54.45 feet and the long chord bears North 62°28"01" East, 105.85 feet; thence North 13°57'22" West, 256.70 feet; thence along the arc of a curve to the left 198.35 feet, said arc having a radius of 630.78 feet and the long chord bears North 22°57'52" West, 197.53 feet; thence North 31°58'22" West, 214.70 feet; thence along the arc of a curve to the right 196.88 feet, said arc having a radius of 455.80 feet and the long chord bears North 19°35'53" West, 195.35 feet; thence North 07°13'25" West, 918.17 feet; thence along the a non -tangent arc of a curve to the right 104.01 feet, said arc having a radius of 113.17 feet and the long chord bears North 40°45'38" East, 100.39 feet; thence North 88°44'50" East, 816.18 feet; thence along the arc of a curve to the right 199.98 feet, said arc having a radius of 6188.02 feet and the long chord bears North 89°40'24" East, 199.97 feet; thence South 89°24'05" East, 760.65 feet; thence along the arc of a curve to the left 199.08 feet, said arc having a radius of 849.85 feet and the long chord bears North 83°53'17" East, 198.63 feet; thence North 77°10'37" East, 600.05 feet; thence along the arc of a curve to the right 199.19 feet, said 1 of 2 11111(ilii 1111 lilt 111110111111111111111111111111111111111111111111111111 11111111111111I111111111131EIE151111411111 P615 M i3LSDORF 10 of 11 R 0.00 D 0.00 GARFIELD COUNTY CO 3 of 4 R 20.00 D 0.00 GARFIELD COUNTY CO arc having a radius of 906.57 feet and the long chord bears North 83°28'17" East, 198.79 feet; thence NORTH 89°45'58" East, 168.23 feet to the North-South centerline of Section 11, whence the North Quarter Corner of said Section 11 bears North 00°18'58" East, 30.00 feet; thence North 89°45'58" East, 1345.32 feet; thence North 00°16'45" West, 30.14 feet to a point on the Section Line common to said Sections 2 and 11 of said Township and Range. This correction description was written by: Louis H. Buettner 0040 West Sopris Creek Road Basalt, Colorado 970-927-3611 111111111111111111 IIII 1111111 IIII 111111 III 11111 IIII 1111 111111111111111111 IIII 111111111111111111111111111111111 894608 12/28/2001 0330P 81316 P616 M ALSDORF 695582 01/29/2002 04:45P 81326 P229 M ALSDORF 4 of 4 R 20.00 D 0.00 GARFIELD COUNTY CO 11 of 11 R 0.00 D 0.00 GARFIELD COUNTY CO a ktsWT:Z %Ott t� totio*`1 '0 1'44%1.1 C w..- ser t 2060 � MSG.. to.. k'. • ti a gt 1YrF?ep..es •1.• �f a C• 0a o N .. 0 i:* ' ' :11 -n _i to 't '- - , C. ;P e 5.1 a �ft 1+>i '9 • 502251 B-1003 P-36 12/12/1996 11:47A PG 1 OF 5 REC DOC NOT MILDRED.AI.SI ORF GARFIELD COUNTY CLERK AND RECORDER 26.00 14.70 THIS DEED , Made this day of December 11, 1996 R & SPFNS&CO. between of the County of =FIELD Colorado, of the first part, and STEPHANIE DIETRICII and MICHAEL DIETRICIi whose legal address is and State of 24 RILING STAMP it �wiJ� sffiP. 0. Box 28697, El Jebel, CO 81628 of the County of d&1RBgAGLFnd State of Colorado, of the second part: WITNESSETH, That the said party of thefirst part, for and in consideration of the sun of (***$147,000.00) ONE HUNDRED FORTY SEVEN THOUSAND DOLLARS AND 00/100THS and other good and valuable consideration to the said party of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of land, lying and being in the county of GARFIELD and State of Colorado, to wit: SEE EXHIBIT "A" ATIACH D HERETO AND MADE A PART HER OF: also known as street number TBD 331 TOAD, SILT, CO 81652 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title interest, claim and demand whatsoever of the said party of the first part, either in taw 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 said parties of the second part, their heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors, and administrators, does covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever• EXCEPT GENERAL TAXES AND AS '-[ FOR THE YEAR 1996 AND SOBSEUFNT YEARS, AND SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTICiNS, COVENANTS AND RIGHTS 07 MY SET FORTH CST EXHIBIT "B" ATTACHED HERETO AND MADE A PART BERME and the aboved bargained premises them, their assigns and the heirs or to claim the whole or any part singular number shall include the genders. IN WITNESS WHEREOF, the said written. in the quiet and peaceable possession of said parties of the second part, the survivor of and assigns of such survivor, against all and every person or persons lawfully claiming thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The plural, the plural the singular, and the use of any gender shall be applicable to all party of the first part has hereunto set his hand and seaL the day and year first above signed, Sealed and Delivered in the Presence of by STATE OF COLORADO County of GARFIELD > ss. The foregoing instrument was acknowledged before me this day of December 11, 1996 RANDOLPH M. PENS, ORAL PARTNER OF R & S PENS & GTO. R&SPENS &OD. (SEAL) (SEAL) (SEAL) .My commission expi resteCeiber 23, 1996 Witness my hand and official seal. ACAD. Notary Pub 1 Forme--WDJT- i.ARP,ANTY. DEED. - To. Soint. Tenants 4221431.221431 GDr221431 CHARDONNAY REAL ESTATE P.O. Box 650 Basalt, CO 81621 rt 502251 B-1003 P-37 12/12/1996 11:47A PG 2 OF 5 EXHIBIT A A PARCEL OF LAND SITUATED IN SECTION 10, TOWNSHIP 7 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE WITNESS CORNER OF THE NORTH 1/4 CORNER OF SAID SECTION 10, A SURVEYORS BRASS CAP PROPERLY MARKED AND FOUND IN PLACE BEARS N 85 DEGREES 58' 07" W, 1529.18 FEET; THENCE N 73 DEGREES 19' 25" E A DISTANCE OF 558.92 FEET; THENCE N 89 DEGREES 16' 40" E A DISTANCE OF 69.02 FEET; THENCE S 00 DEGREES 04' 32" E A DISTANCE OF 881.81 FEET; THENCE S 08 DEGREES 24' 35" W A DISTANCE OF 327.51 FEET; THENCE S 12 DEGREES 48' 32" E A DISTANCE OF 143.34 FEET; THENCE S 89 DEGREES 14' 56" W A DISTANCE OF 210.78 FEET; THENCE S 29 DEGREES 14' 56" E A DISTANCE OF 283.03 FEET; THENCE S 41 DEGREES 09' 11" E A DISTANCE OF 373.10 FEET; THENCE ALONG A CURVE TURNING TO -THE LEFT WITH AN ARC LENGTH OF 19.02 FEET, WITH A RADIUS OF 100.73 FEET, WITH A CHORD BEARING OF 5 60 DEGREES 44' 36" W, WITH A CHORD LENGTH OF 18.99 FEET, THENCE S 55 DEGREES 21' 51" W A DISTANCE OF 1241.34 FEET; THENCE ALONG A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 209.06 FEET, WITH A RADIUS OF 493.74 FEET, WITH A CHORD BEARING OF S 67 DEGREES 29' 39" W, WITH A CHORD LENGTH OF 207.50 FEET; THENCE N 30 DEGREES 00' 55" W A DISTANCE OF 284.78 FEET; THENCE N 04 DEGREES 09' 34" W A DISTANCE OF 337.19 FEET; THENCE N 32 DEGREES 43' 27" W A DISTANCE OF 422.78 FEET; THENCE N 06 DEGREES 51' 21" W A DISTANCE OF 109.05 FEET; THENCE N 50 DEGREES 09' 07" E A DISTANCE OF 177.97 FEET; THENCE N 49 DEGREES 26' 29" E A DISTANCE OF 276.30 FEET-; THENCE N 38 DEGREES 26' 13" E A DISTANCE OF 248.15 FEET; THENCE N 45 DEGREES 37' 44" E A DISTANCE OF 116.73 FEET; THENCE N 45 DEGREES 15' 07" E A DISTANCE OF 248.80 FEET; THENCE N 42 DEGREES 13' 27" E A DISTANCE OF 216.69 FEET; THENCE N 13 DEGREES 23' 34" E A DISTANCE OF 241.05 FEET; THENCE N 27 DEGREES 49' 10" W A DISTANCE OF 160.03 FEET; THENCE N 03 DEGREES 49' 59" W A DISTANCE OF 181.35 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO =__ EXHIBIT A (Cont) Together with a permanent, non-exclusive, forty (40) foot wide easement for access, underground utilities, and right of way to the above-described parcel, across the adjacent portion of the NE 1/4 of the NE 1/4, Section 10, T. 7 S., R 92 W, 6th P.M., which easement is more particularly described as follows: the southern boundary of said 40 foot wide easement commences at the point at which the existing roadway described in Book 521 at page 787, (County of Garfield, State of Colorado) crosses the southern boundary line of said NE 1/4 of the NE 1/4, Section 10, T. 7 S., R 92 W, 6th P. M, and extends westerly along said southern quarter section line to the eastern corner of the above-described parcel conveyed by this deed, an approximate distance of 242 feet. Use of this easement shall be limited to serving one residence on the above-described parcel conveyed by this deed, associated outbuildings for ranching purposes, and for a commercial horse -boarding facility, riding arena, and horse training area. Grantee shall have the right to maintain and improve said easement, and shall further be required to keep and maintain, at his expense, a gate across said easement at the western end, which gate shall be sufficient to turn away cattle, horses, or sheep, and which gate shall be kept closed at all times except to allow the passage of traffic or of livestock. It shall be acceptable for grantee to substitute a cattle guard for the gate, provided that the cattle guard shall be sufficient to turn away cattle, horses, or sheep. This easement, together with the rights and restrictions contained herein, shall run with the, lands affected hereby. 502251 B-1003 P-38 12/12/1996 11:47A PG 3 OF 5 502251 33-1003 P-39 12/12/1996 11:47A PG 4 OF 5 EXHIBIT B THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT AREA. WATER RIGHTS OR CLAIMS TO WATER RIGHTS. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS AS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 4, 1909 IN BOOK 71 AT PAGE 385, AND IN PATENT RECORDED AUGUST 2, 1910 IN BOOK 71 AT PAGE 427,. AND IN PATENT RECORDED JANUARY 5, 19-11- IN BOOK 71 AT PAGE 449-, AND INT PATENT RECORDED SEPT MBER_ 2E;- 1.1'1.1 IN BOOK 71 AT PAGE 496, AND IN PATENT RECORDED FEBRUARY 20, 1912 IN BOOK 92 AT PAGE 281, AND IN PATENT RECORDED OCTOBER 18, 1922 IN BOOK 112 AT PAGE 551, AND IN PATENT RECORDED FEBRUARY 3, 1923 IN BOOK 112 AT PAGE 554, AND IN PATENT RECORDED NOVEMBER 13, 1923 IN BOOK 112 AT PAGE 407 AND IN PATENT RECORDED JUNE 12, 1952 IN BOOK 264 AT PAGE 425. RIGHT OF WAY FOR THE BOULTON DITCH DESCRIBED INDEED RECORDED JANUARY 25, 1908 IN BOOK 69 AT PAGE 213. A STRIP OF LAND 15 FEET IN WIDTH ALONG THE SOUTH SIDE OF THE SE1/4 NW1/4 OF SECTION 10 CONVEYED IN DEED RECORDED MARCH 6, 1917 IN BOOK 100 AT PAGE 491. RESERVATION OF AN UNDIVIDED ONE-HALF INTEREST IN ALL OIL, GAS AND OTHER MINERALS AS RESERVED TO THE FEDERAL LAND BANK OF WICHITA AND DESCRIBED IN DEED RECORDED JANUARY 2, 1942 IN BOOK 205 AT PAGE 388, AND ANY AND ALL INTERESTS THEREIN OR ASSIGNMENTS THEREOF. EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES DESCRIBED IN DEED RECORDED JULY 25, 1957 IN BOOK 302 AT PAGE 175. RESERVATION OF AN UNDIVIDED THREE-FOURTHS INTEREST IN AND TO ALL OIL, GAS AND OTHER MINERALS AS RESERVED BY JOHN P. KINNEY, EDWARD L. KINNEY AND JOSEPH T. KINNEY AND DESCRIBED IN DEED RECORDED FEBRUARY 27, 1958 IN BOOK 307 AT PAGE 133, AND ANY AND ALL INTERESTS THEREIN OR ASSIGNMENTS THEREOF. RESERVATION OF AN UNDIVIDED ONE-HALF INTEREST IN AND TO ALL OIL, GAS AND OTHER MINERALS AS RESERVED BY CHARLES F. MADAY AND DESCRIBED INDEED RECORDED AUGUST 18, 1958 IN BOOK 311 AT PAGE 48 AND ANY AND ALL INTERESTS THEREIN OR ASSIGNMENTS THEREOF. RESERVATION OF ALL OIL, GAS AND OTHER MINERALS IN EXCESS OF A ONE -SIXTEENTH INTEREST AS RESERVED BY BRINKLEY B. BROWN AND DESCRIBED IN DEED RECORDED JUNE.4,- 1.962. IN BOOK 342- AT PAGF. 3 -La, AND ANY AND ALL INTERESTS THEREIN OR ASSIGNMENTS THEREOF. UNDIVIDED THREE-FOURTHS INTEREST IN AND TO ALL OIL, GAS AND OTHER MINERALS AS RESERVED BY W.R. REES AND QUENTIN L. REES DBA REES AND SONS AND DESCRIBED IN DEED RECORDED JULY 26, 1963 IN BOOK 352 AT PAGE 32, AND ANY AND ALL INTERESTS THEREIN. OR ASSIGNMENTS THEREOF. , 502251 B-1003 P-40 12/12/1996 11:47A PG 5 OF 5 EXHIBIT B (Cont.) UNDIVIDED ONE -FORTY-EIGHTH INTEREST IN ALL OIL, GAS AND OTHER MINERAL RIGHTS AS RESERVED BY BRINKLEY B. BROWN AND DESCRIBED IN DEED RECORDED JULY 26, 1963 IN BOOK 352 AT PAGE 35, AND ANY AND ALL INTERESTS THEREIN OR ASSIGNMENTS THEREOF. UNDIVIDED ONE-HALF INTEREST IN ALL COAL, OIL, GAS AND OTHER MINERALS AS RESERVED BY WILLIAM K. FLYNN AND DESCRIBED INDEED RECORDED MAY 30, 1972 IN BOOK 431 AT PAGE 274, AND ANY INTERESTS THEREIN OR ASSIGNMENTS THEREOF. UNDIVIDED ONE-HALF INTEREST IN ALL COAL, OIL, GAS AND OTHER MINERALS AS RESERVED BY THOMAS FLYNN AND DESCRIBED INDEED RECORDED MAY 30, 1972 IN BOOK 431 AT PAGE 277, AND ANY AND ALL INTERESTS THEREIN OR ASSIGNMENTS THEREOF. RIGHT OF WAY GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED OCTOBER 20, 1981 IN BOOK 583 AT PAGE 714. TERMS, CONDITIONS AND PROVISIONS OF CONTRACT FOR ELECTRIC SERVICE RECORDED February 22, 1993 IN BOOK 855 AT PAGE 197, RECORDED AUGUST 2, 1993 IN BOOK 870 AT PAGE 878 AND RECORDED JUNE 19, 1996 IN BOOK 982 AT PAGE 311.. EASEMENTS AND RIGHTS OF WAY AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED FEBRUARY 22, 1993 IN BOOK 855 AT PAGE 198 AND IN INSTRUMENT RECORDED JULY 23, 1996 IN BOOK 986 AT PAGE 329. EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENTS RECORDED JANUARY 16, 1979 IN BOOK 521 AT PAGE 765 AND AT PAGE 785 AND INSTRUMENT RECORDED SEPTEMBER 4, 1980 IN BOOK 555 AT PAGE 138. EASEMENT AND RIGHT OF WAY FOR 30 FOOT ACCESS EASEMENT AS SHOWN ON SURVEY PREPARED BY SCARROW AND WALKER, DATED JUNE 5, 1996. EASEMENTS AND RIGHTS OF WAY FOR DITCHES AND IRRIGATION PIPES AS SHOWN ON SURVEY PREPARED BY SCARROW AND WALKER, DATED JUNE 5, 1996. ENCROACHMENT OF FENCES ONTO ADJOINING PROPERTIES AS DISCLOSED BY SURVEY PREPARED BY SCARROW AND WALKER, DATED JUNE 5, 1996. POSESSORY RIGHTS OUTSIDE OF THE FENCELINE AS SHOWN ON THE SURVEY PREPARED BY SCARROW AND WALKER, DATED JUNE 5, 1996. EASEMENTS, RIGHTS OF WAY, TERMS, CONDITIONS AND PROVISIONS OF MUTUAL ROAD EASEMENT AGREEMENT RECORDED JULY 5, 1996 IN BOOK 984 AT PAGE 201. RESERVATIONS AS CONTAINED IN WARRANTY DEED RECORDED JULY 5, 1996 IN BOOK 984 AT PAGE 199. EASEMENTS AND RIGHTS OF WAY AS GRANTED IN INSTRUMENT RECORDED JULY 5, 1996 IN BOOK 984 AT PAGE 199. ___ Of JAN 1 6 9974 Recorded at� � o'clock • ;74, Reception No.Itli.ldred Alsdorf, Recorder The prmtea immune o1 ma corm approved by the Colorado Rea! Swale Commission (SC 27-7-71) SPECIFIC PERFORMANCE CONTRACT (VACANT LAND) For use in sale of •: VACANT LAND ONLY.: January /O ,19'7'9. RECEIVED PROM TIMBERLINE DEVELOPMENT CORP. Purchaser (az-juhrt-ttrntmts), the sum of in the form of check _to be held by Fender Real ty , broker, in his escrow:or : trustee account, as earnest money and part payment for the following described real estate situate in the - of_..—Garfield , Colorado, Zicnnyt described " on Exhibit A attached heretoand made a part hereof. - with all casements and rights of way appurtenant thereto, which property purchaser agrees to buy upon the folloyv-•, ing terms and conditions for the purchase price of $...79,333.00 , payable as follow--• $x,000.00 hereby receipted for, $ 38-,399.80 shall be paid at closing and the balance of • $2.8,933.20 shall be represented by a promissory note payable to Seller in monthly installments, which if paid each month for a period of 20 years,' . including interest at the rate of 10 3/4% per annum, would pay said balance in full; provided, however, the entire unpaid balance shall be payable in. full- , •3 years From date of said promissory note. The promissory note shall be . . secured by a mortgage on the subject premises which shall be subject to the lien of the security to be given by Purchaser to secure the loan to be obtained as described in paragraph 9(D) hereof and shall set forth the right to partial • releases thereof as described in paragraph 9(c) hereof. lkiralaincttolfcx n'sxXIT-€t' oPiidilaPtltlir`R34 ,4' l t ijs,Mi};h!Xxcriitrzt-IP t�i7fo} I current commitment for title insurance poicy in. an amount equal to the purchase price, at seller's S15 k?if Arnixb5pense, shall be furnished the purchaser on or before... January 10 , i✓ 79 Irfict e31 i1-ti-lE f +itx1Rtiiii.'lt-=eIlclt SinfixWiafieiiilli' r[3RchFAeller will deliver the title insurance policy to purchaser after closing and pay the premium thereon. 2. Title shall be merchnntable in the seller. Subject to payment or tender as above provided and compliance with• the other terms and conditions hereunder by purchaser, the seller shall e_xecutc and deliver a good and sufficient' general warranty deed to said purchaser o January 16 ,19 79 , or, by mutual agreement, at an earlier date, conveying said property free and clear of all taxes, except the general taxes. for 19 79 , payable January 1, 19 s_g_,"Y.fstasY3Seliec free atuI clear of all liens for special improvements now installed, whether assessed or not; and free and clear of all liens and encumbrances except: none and excepteasomentFsi1•:and rights of way which will not prohibit_orrestrict the• resale of the property in parcels containing 35 acres more or less; prior mineral reservations and oil and gas leases; reservations and 'exceptions contained in United States Patents; . rand subject' to building and zoning regulationsxandxarexfothiettagxcabcfetixecnomnintxxx 3, General taxes for 1929_, (based on 1978 Ievy and 19_2.8— assessment), luslp»dimonte[iu•ixocsi•ioao•ottga[: TeibThirtimew P4ifj'$itiffacx shall be apportioned to date of delivery of deed. SC 27-7-71 —Specific Performance Contract (Vacant Laud)—Bradford Publishing Co.,182.t-4e Stout Street, Doaer,.Co14nd4—B-78' 4. The hour and place of closing shall be as designated by mutual agreement of par ties 5. Possession of premises shall be delivered to purchaser on date of closing subject to the following leases or tenancies: none G. In the event the premises are substantially damaged by fire, flood or other casualty between the date of this agreement and the date of possession or the date of delivery of deed, whichever shall he earlier, this agreement may, at the option of the purchaser herein, be declared null and void and any deposit herein made shall be immediately returned to purchaser. 7. Time is of the essence hereof, and if any payment or any other condition hereof is not made, tendered, or performed by either the seller or purchaser as herein provided, then this contract, at the option of the party who is not in default, may be terminated by such psrty, in which case the non -defaulting party may recover such damages as niay be proper. In the event of such default by the seller, and the purchaser elects to treat the contract as terminated, then all payments made hereon shall be returned to the purchaser. In the event of such default by the purchaser, and the seller elects to treat the contract as terminated, then all payments made hereunder shall be forfeited and retained on behalf of the seller. In the event, however, the non -defaulting party elects to treat this contract as being in full force and effect, then nothing herein shall be construed to prevent its specific performance. S. In the event the seller fails to, approve this instrument in writing within three days from the date hereof, or if title is not merchantable and written notice of defects is given to the seller or agent within the time herein provided for delivery of deed and shall not be rendered merchantable within 60 days after such written notice, then this contract, at purchaser's option, shall be void and of no effect and each party hereto shall be released from all obligations hereunder and the payments made hereunder shall be returned forthwith to purchaser upon return of the abstract, if any, to seller; provided, however, that in lieu of correcting such defects, seller may, within said 60 days, obtain a commitment for Owner's Title Insurance Policy in the amount of the purchase price showing the title to be free from such defects and seller shall pay full premium for such Title Insurance Policy. 9. Additional Provisions: as set forth on Exhibit B attached hereto and made a part hereof. 10. Upon approval hereof by the seller, this agreement shall become a contract between seller and purchaser and shtlllanu re to the benefit of their heirs, successors and assigns of said parties. `0 t.- • •.. r I -'� - I4'urchascr - _ -/ A^'C7 R LTY • '.Ytirenber!r • Date 'Miet•'1pp`ro yes the above contract this day of January , and agrees to pay a com:t• mission of % of the gross sales price for services in this transaction, and agrees that, in the event of forfeiture o.f -payments made by purchaser, such payments shall be divided between the seller's broker and the seller, one half thereof to said broker, hut not to exceed the commission, and the balance to the seller.. Stedman B. Amory seller Cornelia...b.. Amon" Purchaser's Address P E) Box_ 6L0 ��--c_�_�=•. �:�.__�� .•'`•.`�' ;. .--- Glenwood Springs, CO C. G.`Telley, Attorney -in -Fact\; Seller's ,lddress___.__Estertide Ranch, County. Road 331, Silt, CO 816521 • ACCEPTED AND APPROVED this day of January, 1979. Robert J. Richardson EXHIBIT A 11flf;X. Attached to and :forming a part of Specific Performance Contract between : Sted fan_'.: B -Amory and Cornelia K. " Amor as, Sellers and the Timberline Development Corp as:Purchaser dated January .:/ ; 1979: -. i'^gF'Hl.. ..::parce1 of. land beng described s the N414N114 of Section 12, N2NE4, SW4,NE.'-, and part'': of: SE4NWk of Section 11 all in Township 7 South, Range 92 1'lest of the Sixth. Principal Meridian, more particularly described as follows:" aginn:inat the..quarter corner common to Sections 2 and 11 of said Township and; Range, the true Point of beginning; thence along the north line of ;Section' 11: .N 89°x,5':58". E. 2630.59 feet to the section corner common to Sections 1 2, 11 • and 12; thence. along the north 1 "i ne of Section 12 N 8801.6.' 19!'::E: -: 1312.48 feet to the northeast corner NW?iN4•! 4 of Section 12; thence.:. S: 00°09118" W 1315.13 -feet to .the southeast_ corner of said _NKNI/k-; thence S 88°21' 14" 4d • 1314.05 feet to the •south; es"t• corner. of said "::N40.14 `being-the::same as the section •li.ne between Sections 11 and 12; thence - S ;89044 24"..W 11316:51 feet to the northeast corner S1•l4NE of said Section 1 1 ; thence :S..00 16!.47".W 1313.91 feet to the southeast corner of the S4.14NE4; _thence.. •: S :89°42'.51" W -2635.46 feet .to •the - southt��est corner of the SE- NW • of..said,.Section .11_;• thence N 45905'33" .E 1871.30 feet to the northeast corner of theSE4N111 j thence . N 00°19'58" E 1314.52 feet to• the true poi n -t of :beginning. Said parcel of land contains 178.60 acres, more or Tess_ •Ast,rip of land 60.00 feet in width to be used as a permanent right-of-way situatedin the NE<SW4, SW1/4.NE-, -1\n72gSE3 , SE NE t•, NE4NE t of Section 10 and the.'N 2 N4. 4, S1';? NW;.- of Section 11 all. ,in Township 7 South, Range 92 West of the Sixth Principal 1.ieri.dia.n, and the: following centerline more particularly described as.. follows:. Beginning .at ari iron post with .brass cap attached being a witness :.':quarter..corner common to S.ecti ons 3 and 10 of said Township and •' Range;:._ thence S. 27°20'40" W. 2976.52 feet to a : point on the easterly right-of-way of%Cou.nty Road No 331, the true point of-. zieginning thence N. 89'09'44" E. 1154.55 feet; thence S. 87° 25.8.85 feet; thence N. 89'09'44" E. 916.17 feet; thence along ".the arc" of a curve •to the left 291.25 with a radius of 493.74 •meet the chord of which bears N. 72'15'48" E. 287.05 feet; thence -1.L.,55621'51' E.. 2141.34 feet; thence along the arc of a curve to :th• e' right 146:93 with a radius of 100.97 feet the chord of which Years S. :'.8252' 22": E. 134.26 feet; thence S. 41'06'36" E. 222.95 f.ee.t,:. thence .along the arc of a curve to the left 161.06 with a. radius.: of. 6.0.37 feet the chord of which bears N. 62°28'01" E. . 117.:3.8: feet; thence N. 13'57'22" W. 256.70 feet; thence along the ar.c..of: acurve to the left. 198.34 with a radius of 630.78 feet the chord of. which .}fears N_. 22'57'52"-W. 19.7_53 feet; thence N. 31°58'22" W. "2.L.4:...70..feet; thence along the arc of a curve to the right 196.88 kith. a.raciius: of 455_80 feet the chord of which bears N. 19°35'53" W. 195,"35 feet; thence N. 07"13'25"W. 91817 feet; thence along the arc ofa:: curve. to the right 67_56 with "a radius of 113.17 feet the :,.'chord -Of -which bears N. 40°45'38" E. 100.39 feet; thence N. 88° 4.4! 50: : E'. 816-18 feet; thence along the arc of a curve to the right 1::99:38ith a radius of 6,188.02 feet.the chord of which bears N. 89'.4024" E. 199_97 feet; thence S_ 89°24'05" E. 760.65 feet; thence :along. the arc of a curve to the left 199.08 with a radius of 849.85 feet the chord of which bears N. 83°53'17" E. 198.63 feet; thence N. 77710,1:377 E.. 60045 05 feet; thence along the arc of a curve to the right.'199.19 with a radius of 906.57 feet the chord of which bears NL: -83'28'17"- E. 198.79 feet; thence N. 89°45'58" E. 168.23 to the North-South centerline, of Section 11, whence the North Quarter Corner of Section 11 bears N. 00°19'57" E. 30.00 feet; thence N. 89°45'58" E. .1345.32 feet; thence N. 00°16'45" W. 30.14 feet to a point on the section line common to said Sections 2 and 11. [15,1X EXHIBIT B Attached to and forming a part of Specific Performance Contract between Stedman B. Amory and Cornelia K. Amory as Sellers and Timberline Develop- ment Corp. as Purchaser dated January /t , 1979. 9. Additional Provisions: A. Sellers shall furnish to Purchaser, on or before April 1, 1979, a plat of survey of Parcels F, J and.0 depicted on Exhibit C attached hereto and made a part hereof, which shall describe each Parcel in its entirety, shall recite that each corner of each parcel is pegged with permanent metal stakes and shall be certified as true and accurate by a surveyor licensed in the State of Colorado. B. Sellers have heretofore orally agreed to construct.a roadway extending along the easement described on Exhibit A hereof. In lieu thereof the parties agree that Purchaser shall be granted one year from date of closing hereof to construct such roadway and Sellers shall pay up to the sum of $10,000.00 for such construction. To facilitate this, Sellers shall deposit with Robert. J. Richardson, attorney-at-law, the sum of $10,000.00 on date of closing hereof and he shall deposit the same in his trust account and disburse the entire sum as follows: 1. Upon delivery to him of statements, bills or invoices for labor and materials expended by Purchaser in construction of the road, pay to Purchaser the amount thereof, not to exceed, however, the sum of $10,000.00; 2. Upon the expiration of one year from date of closing, pay to Sellers all sums remaining on deposit in his trust account not expended as above provided. Sellers further covenant and agree to cause to be staked by.a licensed surveyor the centerline of the roadway and the centerline of a roadway to be constructed on the real property described on Exhibit A hereof extending from the easterly terminus of the above roadway, thence extending easterly along the northerly boundary. of Tract F depicted on Exhibit C, hereto, thence southerly along the easterly boundary of said Tract F. The staking shall be completed no later than fifteen days subsequent to receipt of written notice from Purchaser of its intent to commence construction of the roadways. In the event Garfield County requires the dedication of the roadway to either the County or the public, Sellers covenant and agree to make such dedication. . C. Sellers shall grant to Purchaser partialreleases of the mortgage deed to be given'by Purchaser to Sellers to secure the balance of the purchase price hereof upon the following terms and conditions: 1. Payment to Sellers of the sum of $200.00 upon the .principal - balance of the promissory note which the mortgage deed secures for. each acre requested to be.released. . 2. All requested releases shall be described by survey; . 3. All costs of obtaining partial releases; shall .be.borne by-'-" Purchaser. • 8 D. Thewithin contract is contingent upon Purchaser obtaining a loan from: a commercial bank in theminimum sum of 60% cif the total purchaseprice, at an interest rate not to exceed 10 3/4% and payable over a period of five years If such loan commitment isnot received on. or before 1 day prior to date ofclosing, the Purchaser may declare the within indenture null and void and the earnest money deposited herewith shall be returned to it The parties shall thereafter be relieved of all furtherobligations hereunder. E. Purchaser herebyinfolms Sellers that Dennis R. Crull is one of the principals of Purchaser.. Itfurtherstatesand declares, with respect to Dennis R. Crull, as follows: (a) He is a real estate broker licensed in the State of Colorado; (b) His principal occupation is that of a. real estate broker and a substantial portion of his income is derived from commissions earned in acting as a broker in real estate transactions; (c) Purchaser is purchasing the property the subject hereof for its own account and for the purpose of reselling, leasing or otherwiseutilizingthe property for its own personal gain and that of its stockholders. Selle.rs:agree tosell the property the subject hereof to Purchaserwith fully knowledge and understanding of .the above facts and, by:execution hereof, give their informed consent thereto.:-. 40' StY Z71 2330000F • 3i is • • S. _ =72 •10' X73 • vfr i ^(=Yr•19A �,,r�.. t_ - \— 1177/ ------4////7/////i r3 Ala a • •• .27 q,.,.E 36 542:0 16 ti a iJ .7? i 3L' sem$ a4 4431. e • 57r 1, = • 2re r Y.• 'c m• EXHIBIT C Attached to anal forming as part of Specific Performance Contract between Stedman B. Amory and Cornelia K. Amor as Sellers and the Timberline Development Corp, .as Purchaser dated January Itt , 1979. A 12 Exhibit C Attached to that certain Warranty Deed dated February 20, 2008 between EnCana Oil & Gas (USA) Inc. and Orrin D. Moon, Cindy L. Moon and Brandon F. Moon. Property Address: 6544 COUNTY ROAD 331. SILT, CO 81652 RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED. AND A RIGHT OF WAY FOR DITCHES OR CANALS AS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES. AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 4, 1909 IN BCOK 71 AT PAGE 385, AND IN PATENT RECORDED AUGUST 2, 1910 IN BOOK 71 AT PAGE 427. AND IN PATENT RECORDED JANUARY 5, 1911 IN BOOK 71 AT PAGE 449, AND IN PATENT RECORDED SEPTEMBER 26, 1911 IN BOOK 71 AT PAGE 496, AND IN PATENT RECORDED FEBRUARY 20, 1912 IN BOOK 92 AT PAGE 281, AND IN PATENT RECORDED OCTOBER 18. 1922 IN BOOK 112 AT PAGE 551. AND IN PATENT RECORDED FEBRUARY 3, 1923 IN BOOK 112 AT PAGE 554, AND IN PATENT RECORDED NOVEMBER 13, 1923 IN BOOK 112 AT PAGE 407 AND IN PATENT RECORDED JUNE 1Z, 1952 IN BOOK 264 AT PAGE 425. RIGHT OF WAY FOR THE BOULTON DITCH DESCRIBED IN DEED RECORDED JANUARY 25. 1908 IN BOOK 69 AT PAGE 213. A S i RIP OF LAND 15 FEET IN WIDTH ALONG THE SOUTH SIDE OF THE SEI/4 NWI/4 OF SECTION 10 CONVEYED IN DEED RECORDED MARCH 6. 1917 IN BOOK 100 AT PAGE 491. RESERVATION OF AN UNDIVIDED ONE-HALF INTEREST IN ALL OIL. GAS AND OTHER MINERALS AS RESERVED TO THE FEDERAL LAND BANK OF WICHITA AND DESCRIBED IN DEED RECORDED JANUARY 2, 042 IN BOOK 205 AT PAGE 388, AND ANY AND ALL INTERESTS THEREIN OR ASSIGNMENTS THEREOF. EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES DESCRIBED IN DEED RECORDED JULY 25, 1957 IN BOOK 302 AT PAGE 175. RESERVATION OF AN UNDIVIDED THREE-FOURTHS INTEREST IN AND TO ALL OIL, GAS AND OTHER MINERALS AS RESERVED BY JOHN P. KINNEY, EDWARD L. KINNEY AND JOSEPH T. KINNEY AND DESCRIBED IN DEED RECORDED FEBRUARY 27. 1958 IN BOOK 307 AT PAGE 133, AND ANY AND ALL INTERESTS THEREIN OR ASSIGNMENTS THEREOF. RESERVATION OF AN UNDIVIDED ONE-HALF INTEREST IN AND TO ALL OIL, GAS AND OTHER MINERALS AS RESERVED BY CHARLES F. h4ADAY AND DESCRIBED IN DEED RECORDED AUGUST 18, 1958 IN BOOK 311 AT PAGE 48 AND ANY AND ALL INTERESTS THEREIN OR ASSIGNMENTS THEREOF. RESERVATION OF ALL OIL, GAS AND OTHER MINERALS IN EXCESS OF A ONE -SIXTEENTH INTEREST AS RESERVED BY BRINKLEY B. BROWN AND DESCRIBED IN DEED RECORDED JUNE 4, 1962 IN BOOK 342 AT PAGE 310, AND ANY AND AIL INTERESTS THEREIN OR ASSIGNMENTS THEREOF. UNDIVIDED THREE-FOURTHS INTEREST IN AND TO ALL OTL, GAS AND OTHER MINERALS AS RESERVED BY W.R. REES AND QUENTIN L. REES DBA REES AND SONS AND DESCRIBED IN DEED RECORDED JULY 26, 1963 IN BOOK 352 AT PAGE 32, AND ANY AND ALL INTERESTS THEREIN OR ASSIGNMENTS THEREOF. UNDIVIDED ONE -FORTY-EIGHTH INTEREST IN ALL OIL, GAS AND OTHER MINERAL RIGHTS AS RESERVED BY BRINKLEY B. BROWN AND DESCRIBED IN DEED FC2'm 100 "s2r2x4xsIT.ESCRCW,L7GA- 09/26/07 63001516 Pagel of 3 Exhibit G Property Address_ 6544 COUNTY ROAD 331, SILT, CO 81652 RECORDED JULY 26, 1963 IN BOOK 352 AT PAGE 35, AND ANY AND ALL INTERESTS THEREIN OR ASSIGNMENTS THEREOF. UNDIVIDED ONE-HALF INTEREST IN ALL COAL, OIL, GAS AND OTHER MINERALS AS RESERVED BY WILLIAM K. FLYNN AND DESCRIBED IN DEED RECORDED MAY 30. 1972 IN BOOK 431 AT PAGE 271, AND ANY INTERESTS THEREIN OR ASSIGNMENTS THEREOF. UNDIVIDED ONE-HALF INTEREST IN ALL COAL, OIL, GAS AND OTHER MINERALS AS RESERVED BY THOMAS FLYNN AND DESCRIBED IN DEED RECORDED MAY 30. 1972 IN BOOK 431 AT PAGE 277. AND ANY AND ALL INTERESTS THEREIN OR ASSIGNMENTS THEREOF. RIGHT OF WAY GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED OCTOBER 20, 1981 IN BOOK 583 AT PAGE 714. TERMS, CONDITIONS AND PROVISIONS OF CONTRACT FOR ELECTRIC SERVICE RECORDED FEBRUARY 22, 1993 IN BOOK 855 AT PAGE 197. RECORDED AUGUST 2, 1993 IN BOOK 870 AT PAGE 878 AND RECORDED JUNE 19, 1996 IN BOOK 982 AT PAGE 311. EASEMENTS AND RIGHTS OF WAY A5 GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION. INC. IN INSTRUMENT RECORDED FEBRUARY 22, 1993 IN BOOK 855 AT PAGE 198 AND IN INSTRUMENT RECORDED JULY 23. 1996 IN BOOK 986 AT PAGE 329_ EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENTS RECORDED JANUARY 16. 1979 IN BOOK 521 AT PAGE 765 AND AT PAGE 785 AND INSTRUMENT RECORDED SEPTEMBER 4, 1980 IN BOOK 555 AT PAGE 138. EASEMENT AND RIGHT OF WAY FOR 30 FOOT ACCESS EASEMENT AS SHOWN ON SURVEY PREPARED BY SCARROW AND WALKER. DATED JUNE 5, 1995 AND SURVEY DATED OCTOBER Z9. 1997. PREPARED BY SURVCO, INC. AS JOB NO. 97126. PREPARED BY TRI STATE LAND SURVEYING DATED JUNE 8, 2007. EASEMENTS AND RIGHTS OF WAY FOR DITCHES AND IRRIGATION PIPES AS SHOWN ON SURVEY PREPARED BY SCARROW AND WALKER, DATED JUNE 5, 1996 AND SURVEY DATED OCTOBER 29, 1997, PREPARED BY SURVCO, INC. AS JOB NO. 97126 AND SURVEY PREPARED BY "TRI STATE LAND SURVEY:NG. INC DATED JUNE 8.2007. ENCROACHMENT OF FENCES ONTO ADJOINING PROPERTIES AS DISCLOSED BY SURVEY PREPARED BY SCARRCW AND WALKER, DATED JUNE 5, 1996 AND SURVEY DATED OCTOBF,R 29, 1997. PREPARED BY SURVCO, INC. AS JOB NO. 97126, PREPARED BY TRI STATE POSESSORY RIGHTS OUTSIDE OF THE FENCELINE AS SHOWN ON THE SURVEY PREPARED BY SCARROW AND WALKER, DATED JUNE 5, 1996 AND ON SURVEY DATED JUNE 8, 2007 PREPARED BY TRI STATE. EASEMENTS, RIGHTS OF WAY, TERMS. GOND:TIONS AND PROVISIONS OF MUTUAL Form 100 52Et(121T._5OE 76.L AL 09/25/07 53301515 Page 2 of 3 Exhibit C Property Address: 6544 COUNTY ROAD 331, SILT. CO 81652 ROAD EASEMENT AGREEMENT RECORDED JULY 5. 1996 IN BOOK 984 AT PAGE 201. RESERVATIONS AS CONTAINED IN WARRANTY DEED RECORDED JULY 5, 1996 LN BOOK 984 AT PAGE 199. EASEMENTS AND RIGHTS OF WAY AS GRANTED IN INSTRUMENT RECORDED JULY 5, 1996 IN BOOK 984 AT PAGE 199. TERMS. CONDITIONS AND PROVISIONS OF EASEMENT AS CONTAINED IN WARRANTY DEED RECORDED DECEMBER 12, 1996 IN BOOK 1003 AT PAGE 36. TERMS, CONDITIONS AND PROVISIONS OF CONTRACT FOR ELECTRIC SERVICE RECORDED SEPTEMBER 04, 1997 IN BOOK 1032 AT PAGE 497, ALL MINERALS AS RESERVED IN INSTRUMENT RECORDED DECEMBER 23. 1992 IN BOOK 850 AT PAGE 715. ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN Foca 100 02EX0IIBIT.E5v^77_L0 .L 00/26/07 63001516 Page 3 of 3