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HomeMy WebLinkAbout1.0 ApplicationGarfield County RECEIVED Community Development Department 108 8' Street, Suite 401 E ti���18 Glenwood Springs, CO 81601 (970) 945-8212 GARFIELD COUNTY www.garfield-county.com COMMUNITY DEVELOPMENT LAND USE CHANGE PERMIT APPLICATION FORM TYPE ■ OF APPLICATION Administrative Review IN Development in 100 -Year Floodplain • Limited Impact Review C7 Development in 100 -Year Floodplain Variance • Major Impact Review ID Code Text Amendment • Amendments to an Approved LUCP 0 Rezoning • LIR ❑MIR • SUP ❑ Zone District ❑ PUD ■ PUDAmendment • Minor Temporary Housing Facility 0 Administrative Interpretation • Vacation of a County Road/Public ROW 0 Appeal of Administrative Interpretation I■ Location and Extent Review 0 Areas and Activities of State Interest ❑ Comprehensive Plan Amendment 0 Accommodation Pursuant to Fair Housing Act • Pipeline Development 0 Variance • Time Extension (also check type of original application) INVOLVED PARTIES Owner/Applicant9I Name: •� P (;t(4 - 1[n 6,civl V 11/011,16) Phone: (tf l o) 27'61 4(71 Mailing Address: 1 ►y -e 1 J City: (_ LAYS E-mail: ‘,6,Y -CA- fad ni? k mar>rldv! I - GAF) ate: (/' Zip Code: 'rj (PI Representative (Authorization Required) Name: Mailing Address: City: E-mail: Phone: {, - ) State: Zip Code: PRO IECT NAME AND LOCATION. Project Name: f • eAy 1k t, $1' ,u,i4 'h ' b c\16wl'/I---- DA ssessor's Parcel Nu • er: )- 1 9 5 - 1 J _L - 0 - b 4_ -I Physical/Street Address: i (P tip! PVI I I �n' l -$ Vi L� Legal Description: CD ,I" 1 �f_ V- b 21 P��041 r 'V- Di ?fr..-oblb 0-.Vg61 PV, ‘Q-G(7:lo10'6 Zone District: CA" — CroOrne-6t4 LANA -C.4 Property Size (acres): 1. b q-1- GA 11KAU-4 SAL- VI LI -G \ e ill G (:1 r:1a% .0 41 c, PROJECT DESCRIPTION Existing Use: 5l f; c 4►t✓.M Proposed Use (From Use Table 3-403): 615W -Xy., Ae-G f j Description of Project: '�. �, (Mt) W -PN S � � � i . jai ?I a TAA(cCiz./4--- e REQUEST FOR WAIVERS Submission Requirements ❑ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards 0 The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of 1 nowledge. Signature of Property 0 er L Date OFFICIAL USE ONLY File Number: && VC D �� Fee Paid: $ Ma) Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") PI \A �J agree a f Ilows: 1. The Applicant has submitted to the County an application for the following Project: 71.43Csoy 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person: .f� Billing Contact Address: 1 11i - ! PAY' \NLi City: CAAA9mf Billing Billing Contact Email: Phone: (1-1° iD) )C)`! 73 21 -- State: {AD Zip Code:1. �/► l ' Lao. Printed Name of Person horized to Sign: NAA V Alag (Signature) I (Date) 899825 11/15/2017 02:32:02 PM Page 1 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $18.00 Doc Fee: $49.00 eRecorded WARRANTY DEED THIS DEED, made this 15th day of November, 2017, between FRANK PODEST, AS TO AN UNDIVIDED 50% INTEREST AND JOSEPH LOTT AND MELISSA LOTT, AS TO AN UNDIVIDED 50% INTEREST whose address is 0067 Meadow Wood Rd., Glenwood Springs, CO 81601, GRANTOR(S), and BRAD REED NELSON AND ANN R. BRUMBY whose address is 1949 Dolores Way, Carbondale, CO 81623, GRANTEE(S): WITNESS, (hat the grantor(s), for and in consideration of the sum of FOUR HUNDRED NINETY THOUSAND AND 00/100 DOLLARS (5490,000.00), the receipt and sufficiency of which is hereby acimowledged, has granted, hazgaine-d. sold end eonveyed, and by these presents does grant. bargain. sell, convey and eonfinn unto the grantees, grantee's heirs and assigns forever, not in tenancy in common but Cl JOINT TENANCY, all the real property. together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorada, described as follows: FOR LEGAL DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND FORMING A PART HEREOF also known by street and number as: 6698 Highway 82, Glenwood Springs, CO 81601 '1'OGI_.THER with all and singular the hereditaments and appnrtenauces thereunto belonging, or in anywise appurtaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the blare, right, tit lc. interest. claire and demand whatsoever of the grantor. either in taw or equity, o1 in and to We above bargained premises, with the hereditaments and eppurtearmers; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances. unto the grantee. grantee's heirs and assigns forever. The grantor. for the grantor. grantor's hcirs, and personal representatives, does covenant, grant, bargain and agree to and with the grantee, grantee's heirs and assigns. that at the time of the enscaling and delivery of these presents, grantor is well seized of the premises above conveyed. has good, sure; perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, foil power and lawful authority ro 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, encumbrances and restrictions of whatever kind or vmiirc snever, except general taxes for rhe current and subsequent years. and except casements, covenants, conditions, restrictions, reservations, and rights of way of record, if any. The grantor shall and will WARRANT MW FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the granters. grantees heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. F. the grantor has executed this deed on the date set forth above. State of Colorado ] § County of Garfield The foregoing instrument was acknowledged. subscribed and swom to before me this 15th day of November, 2017 by Frank Podest, Joseph Lott and Melissa Lott. My Commission Expires: NEVADA R. HUNTER NOTARY PUBLIC STATE QF COLORADO NOTARY ID 201440e10e0 MY C011103SICN MKS OCTOBER 22, 2018 Gu+aMAL WARRANTY DEED - Joarr TFNANr1' itrilm andL Official tical j _.. Notaiy Pula I. TITLE COMPANY 0601030 899825 11/15/2017 02:32:02 PM Page 2 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $18.00 Doc Fee: $49.00 eRecorded GRANTOR EDIT "A" Attached to and forming a part of WARRANTY DEED between FRANK PODEST, JOSEPH LOTT AND MELISSA LOTT GRANTEE: BRAD REED NELSON AND ANN R. BRUMBY LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN LOT 8 OF SECTION 1, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6Th P.M., LYING EASTERLY OF THE WESTERLY LINE OF SAID LOT 8 DESCRIBED AS FOLLOWS: BEGINNING ATA POINT ON THE WESTERLY LINE OF SAID LOT 8 WHENCE AN IRON POST WITH A BRASS CAP SET IN PLACE AND PROPERLY MARKED FOR THE SOUTHWEST CORNER OF SMD LOTS BEARS 5.01°14'04" W. 659. 14 FEET; THENCE N. 01°14'00 E. 359.90 FEET ALONG THE WESTERLY LINE OF LOT 8 TO TI -IE NORTHEAST CORNER OF LOT 9 IN SAID SECTION 1; THENCE 5.87°06'00" E. 150.08 FEET TO THE NORTHWEST CORNER OF THAT CERTAIN PROPERTY DESCRIBED IN BOOK 355 AT PAGE 145; THENCE S. Ol°14'00" W. 335.51 FEET ALONG THE WESTERLY LINE OF SAID PROPERTY DESCRIBED IN BOOK 358 AT PAGE 145 TO THE NORTHEAST CORNER OF THAT CERTAIN PROPERTY DESCRIBED IN BOOK 411 AT PAGE 48; THENCE S. 83°37'30" W. 151.33 FEET ALONG THE NORTHERLY LINE OF SAID PROPERTY DESCRIBED IN BOOK 411 AT PAGE 48 TO A POINT ON THE WESTERLY LINE OF .SAID LOT 8, THE POINT OF BEGINNING. County of Garfield, State of Colorado. also known by street and number as: 6698 Highway 82, Glenwood Springs, CO 81601 Book 431 Page 536 .Recorded at 11:00 A.M. June 9, 1972 Reception No. 254066 Ella Stephens, Recorder. EASEMENT THIS INSTRUMENT, made this rp day of , .JIAe 1972, between ROBERT EARL ROMISCH, AND JOAN H. ROMISCH, parties of the first part; and LEONA R. DUMONT, party of the second part; WITNESSETH, that the parties of the first part, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations to the said parties of the first part, in hand paid by said party of the second part, the receipt whereof is hereby confessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey, and confirm unto said party of the second part, her successors and assigns forever, a thirty (30) foot road easement and right-of-way over and along the westerly line of the following described lands, situate in the County of Garfield, State of Colorado, to -wit: A tract of land situated in Lot 8 of Section 1, Township 7 South, Range 89• West of the 6th P.M., lying Easterly of the Westerly line of Lot 8, described as follows: Beginning at a point on the Northeasterly right of way line of State Highway No. 82, whence an iron post with a brass cap found in place and properly marked for the Southwest Corner of said Lot 8 bears S. 01°14'00" W. 364.60 feet; Thence N. 01°14' E. 654.44 feet, more or less, along the Westerly line of Lot 8 to• the Northeast Corner of Lot 9, of Section 1, Township 7 South, Range '89 West of the 6th P.M.; Thence S. 87°06' E. 150.08 feet to the Northwest Corner of that certain tract of land described in Book 355 at Page 145; Thence S. 01°14'00" W.793.10 feet, more or less, along the West line of said parcel as described in Book 355 at Page 145, to the Northeasterly right of way line of State Highway No. 82; Book 431 Page 537 Thence N. 45°08'W 207.27 feet along the North- easterly line of State Highway No. 82, to a point on the Westerly line of said Lot 8, the point of beginning. Said easement and right of way shall consist of the right of ingress and egress over and along .the presently existing road as established along the westerly line of said parcel of land. The grantors reserve the right to use said premises for any purpose consistent with the rights and privileges above granted and which will not interfere with or endanger the use of any of the rights herein granted. The provisions of this easement shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the partiesLLhereto. r0 Signed and delivered this day of ./vrie_ A.A. 1972. P�^�i+4;]ti r, STATE OF COLORADO ) ss. COUNTY OF GARFIELD) The foregoing instrument was acknowledged before me this day of jot , 1972, by gob off- rJC1l1 %awl roti•' :'9. Witness my hand and notarial seal. V'-Phy Commission Expires: a'� �' •. OM • MAR. 2 1974 otary Public Book 422 Recorded at 1:22 P.M. August 23, 1971° Page 78 Reception No. 250812 Ella Stephens,Recorder. HOLY CROSS ELECTRIC ASSOCIATION, INC. RIGHT-OF-WAY EASEMENT . KNOW ALL MEN BY THESE PRESENTS, That the Undersigned, ROBERT EARL ROMISCH AND_JOAN H. ROMISCH _ for a good and valuable consideration, the receipt whereof is hereby acknow- ledged, do Eshereby grant unto HOLY CROSS ELECTRIC ASSOCIATION, INC., a coop- erative corporation, whose post office address is Glenwood Springs, Colorado, and to its successors and assigns, the right to enter upon lands of the under- signed,csituate in the County of GARFIELD , State of Colorado, des- cribed as follows: A PORTION OF LOT 8, SECTION 1, TWP. 7 SOUTH, RANGE 2S9 WEST OF THE 6TH P.M. and to construct, reconstruct, enlarge, operate,°maintain and remove, within the above described lands, upon a line described as follows: A 7.5 foot right-of-way easement along the west side of property described. as follows: Beginning at a point on the Westerly line of said Lot 8 whence an iron post with a brass cap set in place and•properly marked for the SW Cornerof said Lot 8 bears S. 01° 140 00" W. 659.14 feet; thence N. 01° 141:00" E. 359.90 feet along the Westerly line of said Lot 8 to the NE Corner of Lot 9 in said Section 1; thence S. 87° 060 00" E. 150.08 feet; thence S. 01° 14° 00" W. 335.51 feet; thence S. 83° 370 30" W. 151.33 feet to a point on the Westerly line of said.Lot 8, the point of beginning. The above-described tract of land contains 1.97 acres, more or less. Being subject to a 30 foot road easement running along the Westerly line of the above-described tract of land. an electric transmission or distribution line er system. And, in addition, the undersigned hereby grantto said Association, and to its successors and assigns, the right to clear_ all trees and brush, by machine work or otherwise, within a twenty foot strip, being ten feet on either side of said surveyed line as hereinabove described, and the further right to cut trees, even though outside of said twenty foot strip, which are tall enough to strike the wires in falling. The undersigned agree_ that all poles, wine and other facilities, installed by said Cooperative on the above described lands, shall remain the property of the Cooperative and shall be removable at the option of the Cooperative. The undersigned covenant that he_ the owner_ of the above described lands and that the said lands are ree and -clear oencumbrances and liens of whatsoever character except those held by the following: IN WITNESS WHEREOF, tie undersigned ba- set ler � hand s and seal_ this 4, day of 77c' Cly- , 19 % . (SEAL) ll TATE OF COLORADO ) as. COUNTY OF ) r.•=r..f:((SEAL) The fore;oinS a instrument wacknewlfed befoJy'`er m� da iof/ 19 7. , by� ' L /T.-/71-te 9� iy commission expires''/771 -� WITNESS my hand and'o LCfi€ia1• at�r1° 's :3 /7 e No ary Public 8eok 378 Filed Par rieord Dec. 14. 1%51 at 2;03 A.K. Page 128 Iitaparic #215972 ClIaa S. 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Mlles or asn.+:4 onzatructal 17 'La actu4rsty [C C`.* C]nitod S:s'x barge. - frig sad rosary -lag, a au, to the (111taG Staten, e 1 the DU awl ills in the leads ao yyteetad, eat to it or Ipareros euel:neland Ivy St, the altatit PrellipeCt rcre atria and matte esa�L d'c'eti x adta from tk-e soot s kon avl h t . cccdt r rte.. and eub- ..jrct t4 t*1e grrriaites Loll 1Gsle9t1:x:e or WA lent at : L 17 ■ 2914 011n ta4. 5t9). �I■ t>st,x is ties. rsda: 3+rctire 29 of the Azo or Potrnery 25. 1920 (ki Stoat. 437) and the Act of !twat 4, 1933 (47 Stat. 157G) e.a:r the Latent ii t u sd sa3lea: to Thr gum.' a' prior D►Dtlttwt4 cr Leiaata to cam an trach yr then evrfsee of salt !Ands an ie required for plains operations, YttZX'4t wepansatix. to the patentee tar damps resulting frac L t?e ainirj operations. :him latent as iev..ed s•b,jttt to a right -of -ear tar 7tSr rants sl': utility :e emtespurposes,]in 411 1an4 it a.1 1an31d Lou in ss.I 2, 3?. sal 3i i ec*� Cd a d parer -al :: �i�u Fejt} Feet an lathe- it gal renal. to ►Are center lIze o: SLe 1vIT ' s i''"sr orFuadertisrrtC arthozierd odSorr of e• ta ]rust: of Lind lilaaaleerrri, ha eaoae'draeer with the praTislass the A.d rd ]are i7. 1948 (62 Birt, 41I). baa, in the W.A. fxr the tTh tad State*. mod 'thus ietieie 'he b• �,a a Psraet. a .4 t rete] ed Sim Same be be hereunto W i , C! r raised- .51 assed_ , 1 110.72+ 43ete goy hand, La doe the i2—.i of the leer a maim awrateao Ira • .i . ', c,u r l,xsl eta tbu:aersi tiinolicretred and 91Y1Y--0!t! .hf . ; •;s tad of do l elan rietsaof the 6]a ted motes tt.41=4 hirribid r4a ti' tad >1S 7 -fair • 1222607 Nod $ maim Mt Lb, Dizedor, Buret: de Lund alta ig!r••nt Brad Reed Nelson and Ann Brumby Land Use Change Permit Application GENERAL PROJECT DESCRIPTION The applicant is requesting a permit for an Accessory Dwelling Unit (ADU) on a 0.75 acre parcel located within the Commercial Limited zone district. The property is over the 15,000 square foot minimum' lot size for an ADU in the Residential Suburban zone district {2x minimum Lot Size of 7,500 sq ft). As the property is under 4 acres, however, the ADU is limited to 1500 square feet. The Garfield County Comprehensive Plan of 2030 identifies the property as Mixed Use (2 - 12 dwelling units per acre). We request that the improvements agreement/development agreement be waived. Impact Analysis- A garage with an ADU. To be built on graded land. It will be a garage and storage with a live space. We will be installing a septic system per building code once our application is approved. Article 7, Divisions 1-3 7.101 The Land Use Change comply's with the going of Commercial Limited. 7-102 Yes it is in conformance. 7-103 Yes it is compatible 7-104 Yes the water is adequate, reliable, physical, longterm and legal. 7-105 Yes the water distribution is adequate 13. We will put in a septic for the garage and ADU 7-106 Yes, there is adequate public utilities B. Yes there is adequate utility easements C. The utility location will be per codes requirements 7-107 The garage/adu will have legal and physical access to a roadway and it will be safe. There is a asphalt drive to the location of the garage/adu. the grade is less then 12% 7-108 The land where the garage/adu has been graded following permit no: G-2007-46 7-109 We have been in contact with the Carbondale Fire Marshall and was given confirmation that no special handling of the property was necessary. The property is covered for fire protection. 7-201 NA 7-202 NA 7-203 NA 7-204 Less then 1 acre. Drainage will be managed according to code. 7-205 Air and water quality will not be negatively affected. 7-206 Yes. There are no slopes or hazards. 7-207 We have already had the area checked by the Utility Notification center Colorado 811 and the area has been cleared. B. Avalanche NA C. No slope building D. Graded land 7-208 NA 7-301 Yes 7-302 Yes 7-303 Currently the lot scraped dirt. Landscaping guidelines understood. 7-304 Lighting standards understood. 7-305 Snow Storage standards understood, 4-306 Trail and walkway standards understood. Division 7, Division 701 7-701 A. ADU will be 1,500 square feet. B. Yes C. Yes D. complies with number 2 E. Yes F. Yes Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.cum PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 239501100017 PROJECT: Accessory Dwelling Unit OWNERS/APPLICANT: NELSON, BRAD REED & BRUMBY, ANN R REPRESENTATIVE: Steve Novy, GreenLine Architects PRACTICAL LOCATION: 6698 82 HWY, GLENWOOD SPRINGS 81601 ZONING: Commercial Limited TYPE OF APPLICATION: Accessory Dwelling Unit DATE: January 16, 2018 I. GENERAL PROJECT DESCRIPTION The applicant is requesting a permit for an Accessory Dwelling Unit (ADU) on a 0.75 acre parcel located within the Commercial Limited zone district. The property is over the 15,000 square foot minimum lot size for an ADU in the Residential Suburban zone district (2x minimum Lot Size of 7,500 sq ft). As the property is under 4 acres, however, the ADU is limited to 1500 square feet. The Garfield County Comprehensive Plan of 2030 identifies the property as Mixed Use (2 —12 dwelling units per acre). The property is understood to be served by an individual septic and water well. Should the Applicant wish to utilize an the existing septic system, the Applicant will either need to provide a septic permit issued by Garfield County demonstrating the number of bedrooms the system can handle and gallons of the tank along with demonstration of the total number of bedrooms the system is proposed to serve. Alternatively, the applicant may provide a letter from a professional engineer registered in the State of Colorado indicating that the septic is capable of handling the additional capacity of the ADU. If a new system is to be installed, then this arrangement needs to be represented in the application. The Applicant will also have to demonstrate that the existing well is legally and physically able to serve the ADU. It is understood that the unit would be served by an individual well on the property. The applicant will need to demonstrate adequate legal water (a well permit and augmentation plan, if applicable). A well permit will need to be provided that demonstrates that each unit on the property is legally served by water. A 4 -hour pump test and water quality test are required, but may be done as a condition of approval (however, please submit any supporting information available). In addition, a water quality test in compliance with Section 4-203(M)(1)(b)(5)(C) will need to be provided. Please note that the water quality test does not need to include testing for Alpha / Beta as it is no longer a part of the CDPHE Deluxe testing package. Similar to the 4 -hour pump test, this water quality test may be done as a condition of approval if requested In the application. Demonstration of conformance to Section 7-107 and specifically Table 7-107, Roadway Design Standards, needs to be provided. This demonstration should include all private driveways and roads from the proposed ADU to public right of way. Please respond to each of the items in the Roadway Design Standards Table (7-107) to show compliance with these parameters (ROW width, Lane width, Shoulder width, etc.). Note: please identify which Average Daily Trip (ADT) category this access road may fall within with each dwelling unit accessing this driveway counting as 9.57 ADT (all homes and other development planned and existing off the driveway). For public notice requirements, the Applicant will need to provide a list of names and mailing addresses for all adjacent property owners within 200' as well as the owners of the mineral estate under the subject parcel (See attached memo from the County Attorney's Office). The property has been identified as being within a Very High area for Wildland Fire Susceptibility as identified within Map 7 of the Garfield County Community Wildfire Protection Plan (CWPP). As a result, the applicant should consult with the Carbondale and Rural Fire Protection District regarding any specific design considerations that will be necessary. The property has also been identified as having moderate slope hazards and soil hazards, particularly on the north portion of the property. A soils maps from the NRCS is attached to further identify soils characteristics on the property. The north portion of the property has also been identified as having evaporate soils that could pose issues for septic systems. No other hazards have been identified on the parcel. Please respond to the Standards as identified in Article 7: Standards, Division 1, 2 and 3 and for ADUs, Section 7-701. These are the standards by which the application will be determined to be approved, approved with conditions or denied. A short response to these items ensures that 1) the applicant has read and understands the standards upon which a determination will be based, and 2) allows the applicant and staff to work through any possible issues early on in the application process. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS • Garfield County Comprehensive Plan 2030 (Designated Mixed Use — 2-12 DU/Ac) • Garfield County Land Use and Development Code, effective July 15, 2013 • Accessory Dwelling Unit (7-701), following Administrative Review (Section 4-103) • Table 4-102, Common Review Procedures and Required Notice; 2 ■ Table 4-201, Application Submittal Requirements III. REVIEW PROCESS The review process shall follow the steps as contained in Table 4-102 and Section 4-103, Administrative Review (see attached flow chart). SUBMITTAL REQUIREMENTS Please refer directly to Table 4-201 and the list of General Application Materials in section 4- 203. These application materials are generally summarized below: • Application Form • General project description • Ownership Documentation (deed) and title information indicating if there are any lien holders and/or encumbrances (a title commitment may be necessary) • Statement of Authority (if property is owned by an LLC or other corporate entity) or Letter of Authorization (if the Applicant is not the owner of the property), if necessary • Fee Payment and Payment Agreement Form • Pre -Application Conference Summary • Names and addresses of all property owners within 200 feet of subject parcel and all mineral owners under the subject parcel (demonstrated through a search of Clerk and Recorders database and/or Assessors database — Adjacent property owners can be conducted using the Garfield County Geographic Information System website at http:/Jgis.garfield-county.cam/Land Explorer/index.html and use Buffer Tool to 200' from subject parcel). • Vicinity Map • Improvements Agreement / Development Agreement (may be waived upon request) • Site Plan • Grading and Drainage Pian demonstrating positive drainage off the site (topo map) • Impact Analysis — Please respond to the identified impacts in Section 4-203(G) • Copy of Code, Covenants, Restrictions (if applicable) Respond to Standards fully described in Article 7, Divisions 1-3 and, for an ADU Article 7, Section 701 • Demonstration of Legal and Physical Water (Well permit, augmentation plan, 4 -hour pump test, and water quality test per Section 4-203(M)) • Description of septic system (OWTS). If OWTS is to be shared or is otherwise already installed, then an issued Garfield County septic permit along with an explanation of the total number of bedrooms the system does/will service, or a letter from a professional engineer is necessary stating that the system is adequate to handle the added load of the ADU. If a new, yet to be installed, OWTS is proposed, then a statement indicating this intent is necessary. • Soils information (attached) • Statement and demonstration of conformance with Section 7-107, Access and Roadways (Specifically conformance with Table 7-107 for driveway from County roadway to proposed ADU). Provide copies of easements or other demonstration of legal access if the driveway crosses adjacent properties. 3 Submit three paper copies and one digital for applications. Additional copies will be requested upon determination of completeness. See the land use code for additional information on submittal requirements. IV. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: X None (Director's Decision) _Planning Commission _ Board of County Commissioners _ Board of Adjustment c. Referral Agencies: May include Garfield County Road and Bridge Department, Fire Protection District, Garfield County Designated Engineer, and Division of Water Resources. Application Submittal 3 Hard Copies 1 Digital PDF Copy (on CD or USB stick) Both the paper and the digital copy should be split into individual sections. Please refer to the list included in your pre -application conference summary for the submittal requirements that are appropriate for your application: • General Application Materials ■ Vicinity Map ■ Site Plan • Grading and Drainage Plan • landscape Plan • Impact Analysis • Tiaffic Study • Water Supply/Distribution Plan • Wastewater Management Plan • Article 7 Standards V. APPLICATION REVIEW FEES a. Planning Review Fees: $ 250.00 b. Referral Agency Fees: $ TBD — consulting engineer/civil engineer fees c. Total Deposit: $ 250.00 (additional hours are billed at $40.50 /hour) General Application Processing Planner reviews case for completeness and sendsto referral agencies for comments. The case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review and makes a recommendation of approval, approval with conditions, or denial to the Director of the Community Development Department. The Director's decision is subject to a 10 -day call-up period. The pre -application meeting summary is only valid for six (6) months from the date of the written summary. 4 Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre -application Summary Prepared by January 16, 2018 David Pesnichak, AICP — Senior Planner Date 5 A. Section 4-103 Administrative C Garfield County Administrative Review Process (Section 4-103) Step 1 Pre -application Conference . May be waived by Director *Applicant has 6 mon tilt to submit application Step 2: Application Submittal t:ornplrlt.ncy, I cwt' . 10 business days to review • If Incomplete, 60 dey6 to remedy deficiencies Stip '1' Schedule DeLi'ion Date and Provide Nolice •Mailed to adjacent property owners within 200 feetand mineral owners at least 15 days prior to decision date 51-t.•I� 5 R&:i•r r.i1 021 day comment period Stoll f-. IwtIulinn in/ r •Call-up Period -within 10 days of Director's Decision 'Applicant has 1 year to meet any conditions of approval 79 C. Garfield County MEMORANDUM TO: Staff FROM: County Attorney's Office DATE: June 24, 2014 RE: Mineral Interest Research Mineral interests may be severed from surface right interests in real property. Colorado revised statute 24-65.5-103 requires notification to mineral owners when a landowner applies for a land use designation by a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4- 101(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." It is the duty of the applicant to notify mineral interest owners. The following is a suggested process to research mineral interests: 1. Review the current ownership deed for the property (i.e. Warranty Deed, Special Warranty, Quit Claim Deed or Bargain and Sale Deed—NOT a Deed of Trust). The ownership deed is usually one or two pages. Is there a reservation of mineral interests on the ownership decd? Are there any exceptions to title? A deed may include a list of reservations that reference mineral owners or oil and gas leases. 2. Review your title insurance policy. Are there exceptions to title listed under Schedule B - II? If so, review for mineral interests that were reserved and oil and gas leases. 3. Check with the Assessor's office to determine if a mineral interest has been reserved from the subject property. The Assessor's office no longer documents the mineral reservation ownership for its tax roll records unless ownership has been proven. There are only a limited number of mineral owners who have provided such information to the Assessor's office so this may not provide any information, depending on your property. MEMO June 24, 2014 Page 2 4. Research the legal description of the subject property with the Clerk and Recorder's computer. You can search the Section, Township, and Range of the subject property. You may find deeds for mineral interests for the subject property. 5. Research whether a Notice of Mineral Estate Ownership was filed for the subject property. On the Clerk and Recorder's computer, search under Filter (on the right hand side of the screen), General Recordings, Notice of Mineral Estate Ownership for the subject property. 6. If you find mineral interest owners as reservations on your deed, listed in your title insurance policy, from the Assessor's records or the Clerk and Recorder's computer, you need to determine whether these mineral interests were transferred by deed and recorded in the Clerk and Recorder's office. 7. Enter the name of the mineral interest owner as the Grantor in the Clerk and Recorder's computer to see if the mineral interest was transferred. If you find a transfer deed, you need to repeat this process to follow any transfer of the mineral interest to present day. 8. Include a description of your research process in your application and the name(s) and address(es) of the current mineral interest owner(s). Mineral interest research can be a difficult and time consuming process. If you are unable to determine mineral rights ownership by yourself, consider hiring an attorney or landman. Attorneys and landmen specialize in determining mineral rights ownership, but they charge a fee for their services. Garfield County Assessor Data Site Jim Yellico, 109 8th Street, Suite 207, Glenwood Springs, CO, 81601 (P) 970.945.9134 I (F) 970.945.3953 I (E) jyellico@garfleld-oounty.com Account Information Account: R011328 Parcel: 239501100017 Owner Name: NELSON, BRAD REED & BRUMBY, ANN R Owner Address: 1949 DOLORES WAY UNIT C7, CARBONDALE, CO, 81623 Property Address: 6698 82 HWY, GLENWOOD SPRINGS Legal: Section: 1 Township: 7 Range: 89 TR IN LOT 8 Tax Area: 011 Subdivision: Sales Information Date Deed Type Doc Number Grantor Grantee Amount 11/15/2017 WD 899825 PODEST, FRANK NELSON, BRAD REED 490,000 11/14/2005 WD 686496 LEINTZ, FRANCIS A. & BONN... PODEST, FRANK J & CATHERI... 450,000 Taxable Values History Year Land Actual Imp Actual Total Actual Land Assessed Imp Assessed Total Assessed 2017 130,000 260,430 390,430 9,360 18,750 28,110 2016 130,000 215,130 345,130 10,350 17,120 27,470 2015 130,000 215,130 345,130 10,350 17,120 27,470 Property Details Model Attribute Name Attribute Value LAND 0 ABSTRACT_CODE SINGLE FAM.RES.-LAND AREA ACRES 0 AREA_SQFT 32670 NEIGHBORHOOD VAN RAND PROPERTIES Garfield County Assessor Data Site Jim Yellico, 109 8th Street, Sulte 207, Glenwood Springs, CO, 81801 (P) 970.945.91341 (F) 970.945.39531 (E) jyellico©garfleld-county.com Model Attribute Name Attribute Value REST 0 XFOB 0 XFOB 1 XFOB 2 ABSTRACT CODE SINGLE FAM.RES-IMPROVEMTS UNITS 1 BUILDING_TYPE SFR ACT YEAR BLT 1973 FINBSMTAREA 1056 HEATEDAREA 2112 BASEMENTAREA 1056 BATHS 1.7 BEDROOMS 4 ARCH STYLE BI LEVEL AREA_UNITS 1 NEIGHBORHOOD VAN RAND PROPERTIES ROOMS 7 FRAME WOOD FRAME AIRCOND NONE HEATING_FUEL ELECTRIC HEATING TYPE ELEC BS BD ROOF_COVER COMP SHNGL ROOF STRUCTUR GABLE STORIES 1 ABSTRACT_CODE SINGLE FAM.RES-IMPROVEMTS BUILDING_NO 1 ACT_YEAR BLT 1975 NEIGHBORHOOD VAN RAND PROPERTIES XFOB CODE FIREPLACE - AVG AREA_UNITS 0 BUILDING_NO 1 ABSTRACT CODE SINGLE FAM.RESJIMPROVEMTS ACT YEAR_BLT 1975 NEIGHBORHOOD VAN RAND PROPERTIES XFOB_CODE BALCONY 251+ SF AREA_UNITS 0 BUILDING_NO 1 ABSTRACT_CODE SINGLE FAM.RES-IMPROVEMTS ACT YEAR BLT 1975 NEIGHBORHOOD VAN RAND PROPERTIES XFOB_CODE GARAGE 577-863 SF AREA_UNITS 0 Model XFOB 3 Property Images Garfield County Assessor Data Site Jim Yellico, 109 8th Street, Suite 207, Glenwood Springs, CO, 81601 (P) 970.945.9134 I (F) 970.945.39531 (E) JyellIcalgarfleld-County.com Attribute Name ABSTRACT CODE BUILDING_NO ACT_YEAR_BLT XFOB_CODE Attribute Value SINGLE FAM.RES-IMPROVEMTS 1 1990 CARPORT FLAT ROOF 39'7837N Soil Map—Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties (Brumby) 39° 24 37 N 39' 2/3 N 331410 3014® 309610 314930 331610 30971M 331810 Map Sok: 1:2,310 if printed on A larldempe (11" x 85") sheet Meters �N 0 30 at 120130 1 1W 200 490 = /1] Map projection: Web Mercer Comer mnrtT : W684 Edge tics: UTM Zane 13N WG584 tbi4 Natural Resources Conservation Service Web Soil Survey National Cooperative Sal Survey 1112J2018 Page 1 of 3 Soil Map—Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties (Bntmby) MAP LEGEND Area of Interest (A01) Area of interest (AOI) Soib Sal Map Unit Polygons ,y Soil Map Unit Lines ▪ Soil Map Unit Points Special Point Features I:31 X 0 0 k 415, fe O • 0 — 0 Blowout Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot Landfill Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot A Spoil Area Stony Spot Very Stony Spot lk Wet Spot ▪ Other .. Special Une Features Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background ii1T. Aerial Photography USD Natural Resources Web Soil Survey i Conservation Service MAP INFORMATION The soil surveys that comprise your AOI were mapped at 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause , misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Aspen -Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties Survey Area Data: Version 8, Oct 10, 2017 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Sep 24, 2015—Nov 2,2015 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. National Cooperative Sal Survey 1/12/2018 Page 2 of 3 Soil Map—Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pltkin Counties Brumby Map Unit Legend Map Unit Symbol Map Unit Name Acres In AO1 Percent of AOI ;g Gypsum land-Gypsiorthids complex, 12 to 65 percent slopes 5.6 26.7% 98 Southace cobbly sandy loam, 4.3 20.3% 12 to 25 percent slopes 104 Torriorthents-Camborthids- 10.7 50.3% Rock outcrop complex, 6 to 65 percent 106 Tridell-Brownsto stony sandy foams, 12 to 50 percent slopes, extremely stony 0.0 0.2% 107 Uracca, moist-Mergel complex, 0.5 2.6% 1 to 6 percent slopes, extremely s Totals for Area of Interest 21.2 100.0% USDA Natural Resources Web Soil Survey 1/12/2018 Conservation Service National Cooperative Sal Survey Page 3 of 3 r of CO - l✓. 70/A• C Pir'1feeAti s PA', - G'-rf )...r. l.'pQv .7-2-6P - /I ,,/ r7,' o f .v5 !q V 1 4 ots•V qi d 0 Permit No: Job Address: Lot No: GARFIELD COUNTY GRADING PERMIT APPLICATION ID8 te' Street, Sidle AOI, Glenwond Spring!, CO 816111 phone: 470.945-$2121 Rex: 470.3114.3470 / lospeetltm lint: 970.3{1.6.50(13 Parcel/Schedule n:)s,39 'S— 0 f [--DO— T>I i¢ b I-1i.ta4 82 Cil LeA-1 w ooct ('pri.► a o -11_0:), Rheic No: Subd, / Exemption: Owner: Powerfi ,tp14-e5 , Contractor: ,F85510mel L. Engineer: 1N'p< Sq. Ff. Grading Of 10C3x I DO S -i) 10,000 Describe Work: aleairc Loth %oii Gw DLL, -prOlizx of et -LL -12srLut,Ka.net-0 sr tea � R-ecci ba rna k c �.F- c Mawr lw la-. Nb nla-pi ra. n� Fla1Hu+ Fin z .vo-i- co ti.rw.+n needer� '� in u.4N. ypw`f"ian v'i t.A +1R etc), �v h.e Acme.. No 3�ir!.r_i ti� Address 00.10 De-eO- A Gl8.rnacd, Qo 3-)001 Address: zi B(ukeR- & im t+x+t c1, Ll O Fsl tvo Address: Ph: 3/�1-zyat� Ph: 314— 3069 Ph: Wk Ph: Lie. No. Cu.Yd. ❑f Grading THIS PERM IT I1f COMSSS NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED ISNOT COMMENCED WITHIN 110 DAYS, OR, IF CONSTRUCTION OR WORK 1S SUSPENDED OR ABA NIONES/ FOR A PERIOD OF 110 DAYS AT ANY TIME AFTER WORT( IS COMMENCED. I HEREBY CERTIFY THAT! HAVE READ AND EXAMINED TUHSAPPLICATION AND KNOW THE SAME TONE TRUE AND CORRECT. ALL PROV1SIONS OF LAW GOVEI1NING'!'IIISTYPEOF WORK WILL BE COMPLETED WITHIN WHETIIFR SPECIFIED IIERE1N OR NOT. THE GRANTING OF A PERMIT DOES NOT PRESUME TD GIVE AUTHORITY TO VI01.A'FR OR CA NCE1. THE PROVISIONS OF ANY OTHER STATE OR LOCAL. LAW REG UI.ATINC; CONSTRUCTION OR THE PERFORMANCE OP CONSTRUC'1TON Fee; /50 el Dated Permit Issued: 6/( . 6—) Conditions to Permit: TILiiits ,tk$T RA. LOC -1`?c-o& To 4ity GRA,Wutid r IP if[1 47 rg71,0L rt-1ap Uusr WL"rt41+1. f)JR.eF IJ /01.3r,tAcnof�c 6-3(4-1 Ft ,31- r,. "f o >¢ Y C Wawt 21,7cNs. a,m,e Au. /4 Oy.rb43 GAN 0S. AGREEMENT IN CONSIDERATION OF THE ISSUANCE OF THIS PERMIT, T11F SIGNER HEREBY AGREES 10 COMPLY Wall ALL CODES AND LAND USE REGULATIONS ADOPTED NY GARFIELD COUNTY PURSUANT TO AUTHORITY C!VEN IN 30.25.201 CRS AS AMENDED. THE SIGNER FURTHER AGREES THAT IF THE ABOVE USE OP THE ABVE DESCRIIIED WORK, THEIPERMIT MAY RE REVOKEDARK NOTILY RY NOTICE pram THE? COUNTY AND THAT THEN AND THERE ITS 1AE IICOMPILED WITH IN THE LOCATION. ERTION, CONRUCTION.II:SCOME NULL AND VOID. THE ISSUANCE OF A PERMT EASED UPON PLANS, SPECIFICATIONS AND OTHER DATA SIiA1.L NOT PREVENT THE BUILDING OFFICIAL FROM NTING CONSTRUCT ION�OPERAI DN BEf GCORRECTION ARRIED ON THEREUNDER W1IEN)IN Vi01 AT1UN OF THS CODE OR ANY OTHER ORDINANCATIONS AND OTHER DATA Olt FROM CE OR REGULATION OF TIOS JURISDICTION. THE REVIEW OF SUBMITTED PLANS AND SPECIFICATIONS AND INSPECTIONS CONDUCTED THEREAtr'1'ER HOES NOT CONSTITUTE AN ACCEPTANCE ISCSPEN CM. THE RESPONSIBILITY FOR THESE ITEMSy RESPONSIOILIT/AND IMPLEMENTAAS TIONI DURINGSCO CONSTRUCTION RESTS SPECIFIOIBY GA ROHM COUNTY FOR AL Y OMISSIONS THE DARRCRHITECP, DESIGNER. BUILDER, AND OWNER, COMMENTS ARENSERVATIYEANDFNSUPPORTOFTHEOWNERSINTEREST. AT I HAVE READ AND UNDERSTAND THE AGREEMENT ABOVE (INITIAL)' Garfom.003 I JUN 1 4 2007 CiAia.i sr:,L COUNTY WALING 4 PLANNING (.0,,-untf 6140') I,OLL1,Y�PY�ScS Uuctc. Ek 82 01\k-Aiv000a Co tsl 1b1 -F� 8 C )11 P NIA 15 -"Cle4. \IV -1-‘7 CA° ‘14bCilL- 1Do' .,u.r 444 uJ >u:Cd uan bllilvan HIM BRASS OAP NF MAR. LOT 9 970-945--8586 IMPROVEHIIENT LOCAT ICON CERT 1 FICATE u1LN .1 EASEMENT .4 I' REC. NO. 250E12 44.4 -Lay--: r— rf 5EPTIC--- 1 "---PVEriilILAD DEC. {--PRIVE 11 .1--- 511E1]7 -;t I li----- - -_ _ I [ FoADwnY -.- EASF2,itm I l 254069+, T6 TO SW Cor:_ I 1 1 Lora S0114'09 -5Y8.59.14' I53` ITNE CAP WITkE37' y%O VI SS DOR. I FOUND 8691HSYLL40-82 ONE STORY FRAME CONSTRUCTION W/ WALK -OUT BASEMENT NOTE: THIS PROPERTY IS SUBJECT 70 RESERVATIONS. RE51RiCilQNS, DOYENANTS AND EAZEmeNTS OF RECORD OR IN PLACE. PROPEILTY U 6SCR I PT ION *** SEE PAGE NO. 2 *** IMPROVEMENT LOCATION CERTIFICATE I HEREBY p CL FRAANCIS T THIS A, & BONNIICROyEMENT C. LEiNIZL TI THAON T T IT 1S NTOTrCATE WAS PRE - A LAND SURVEY PARED FOR. PLAT OR IMPROVEMENT SURVEY PLAT. AND THAT kT IS NOT TO SE RELIEDI UPON FOR. THE ESTABLISHMENT OF FENCE, BuILJ ING. OR OTHER FUTURE IMPROVEMENT LINES. I I'D RTII ER CERTIFY THAT THE IMPROVEMENTS ON THE ABOVE DE SC1; I PIED PARCEL ON MIS DATE. SEPTEMBER 18, T9 11 ,-EXCEPT U'1' L1'FY CONNECTIONS, ARE ENTIRELY WITHIN THE BOUNDARIES OF THE FAILCHL. EXCEPT AS SHOWN, THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED !'REMISES EIV IM- PIIpVIiMENTS ON ANY ADJOINING PREMISES, EXCEPT AS INDICATED, AND THAT THERE I5 NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID PARCEL, EXCEPT AS NOTED. ia'n�� 3T 38 HEHUHx STATED THAT THE STRIIC• }� ) .,... F TURES LOCATED ON THE ABOVE b CRIBED �O; �IfIRRj C fps{ - PROPERTY ARE N( LOCATED WITHIN THE as, ytatG 100 YEAR FLOOD BOUNDARY. BY FRANK W. k• �L`Sa X19598 DATE SENTE ., b. Y199 0 JOB NO 9Q47.433N4174�y i1 — HIGH COUNTRY ENOWEBEUNG, INC. 923 COOPER AVENUE GLPMINOOD SPRINGS, CO 61861 (303)945-8575 • (303)020.3669 • FAX (363) 945-2555 Uri Parcel Detail Page 1 of 4 Garfield County Assessor/Treasurer Parcel Detail Information emr/,tsca$L1mr P_Me_rty eSt' b .} A e PL.ki l~Query, .t ssess1) SO)0 c#<<i:cli. .C1� k_: &jtcca '4er RgqoRliPa5gP-1 E3RS1c 3Llilding CYta?:acte d t1Cs_ 1 T i..... ? f nStipn ai•cel Detail I Value Detail { Sales Detail 1 R.sidential/C:ornmeKd Jfl j 4vemeft D�lsn.1. LL nd Dotail 1 bad [Tax.Area 1'Account Number - rrcel Number rMili Levy I Q11 `` R011326 ; 239501100017 f 63.103 1 Owner Name and Mailing Address 0070 DEER PARK CT IGLENWOOD SPGS, CO 81601-9514 Legal Description SEL T TWN,RNG:1-7-89 DESC: TR IN LOT 8 BK:0469 PG:0061 BK:0453_PG:0090 BK:1801 PG:24 RECPT:698048 BK:1745 PG:843 RECPT:686497 BK:1745 PG:841 EECPT:686496 _ __ Lacatii©n I Physical Address: 6698 HIGHWAY 82 GLENWOOD SPRINGS fSubdivision: __ .._..._ ___ --- Land Acres: �31 Land Stlyt:. 0 r Section 1 Township TI Range 1 1 7 1 89 Property Tax Valuation Information hu,p://www.garcoact.cnna/assessor/Pat'cel.asp?AccountNumber=R011326 6/14/2007 2/16/2018 Garfield County Land Explorer Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 239501100013 239501100016 239501100017 239501100018 239501100019 6702 82 HWY GLENWOOD SPRINGS 6696 82 HWY GLENWOOD SPRINGS 6698 82 HWY GLENWOOD SPRINGS 669082 HWY GLENWOOD SPRINGS 6600 82 HWY GLENWOOD SPRINGS 239501100020 6598 82 HWY GLENWOOD SPRINGS 239501100023 650082 HWY CARBONDALE 239501100134 239501100135 6694 82 HWY GLENWOOD SPRINGS 6700 82 HWY GLENWOOD SPRINGS RMS CONCRETE INC CLOUD, CHARLES W & EDYTHE M NELSON, BRAD REED & BRUMBY, ANN R LOWRY CAPITAL LLC OLIVER, RONALD L HORN, SUSAN ELIZABETH BLODGETT, CAROLYN ANN & BO ARYA 6694 H WY 82 LLC STAGE LLC R011514 R011078 R011326 R011171 R011397 R011379 R011468 R111761 R111762 PO BOX 306 CARBONDALE, CO 81623 39942 O ROAD PAO N IA, CO 81428 1949 DOLORES WAY UNIT C7 CARBONDALE, CO 81623 6690 HIGHWAY 82 GLENWOOD SPRINGS, CO 81601 6600 HIGHWAY 82 GLENWOOD SPRINGS, CO 81601 6598 HIGHWAY 82 GLENWOOD SPRINGS, CO 81601-9365 827 BENNETT AVENUE GLENWOOD SPRINGS, CO 81601 PO BOX 1799 CARBONDALE, CO 81623 1440 WALZ AVENUE GLENWOOD SPRINGS, CO 81601 1/1 6698 Hwy 82, Glenwood Springs, CO 81601 Mineral Ownership Research was preformed at the Glenwood Springs, Garfield County Clerk and Recording office on April 20th, 2018 at 2:OOpm. Reception document #215972 was found stating the United States holds the oil, gas and mineral rights. The United States of America, Bureau of Land Management 1849 C St. NW Room 5665 Washington, DC 20240 $M4 210536412002 . ;11 g_FN 1739s-446139 \it .40 t= •-•• 1,1" 541 4001:611 ' • * • ' 4 *-4 it, A • 5 14Z, sir 414. ---,-- • Nihir - 1411;11,\'', . 19"11);" \fit ttiNLA. 1:46t • • • • '.`„tp. 41e -k* ..`ZOOItY9EQUIZj • �ci7E PLAN `✓ 1.. H 9 A R C H I 1 E C T 5 reen (ine March 29, 2018 GARFIELD COUNTY DAVID PESNICHAK SENIOR PLANNER 108 8TH ST SUITE 401 GLENWOOD SPRINGS, CO 81601 This letter aims to address the roadway that serves 6698 Highway 82, Glenwood Springs, CO 81601 and is written on behalf of Brad Reed Nelson and Ann Brumby. Using Table 7-107 and a total ADT of 108, this roadway falls into the "Rural Access" category Waivers are requested for the following standards: ® Lane width - 11': the existing paved, private access roadway is only 10' wide ® Shoulder width 4', 2' min. paved: there is adequate shoulder width, but not 2' paved O Minimum Radius - 80': the turning radius from CDOT ROW onto private access roadway is less than 80' • Maximum % Grade - 12%: The existing roadway is steeper than 12% in some locations • Minimum ROW width - 50': Possible waiver, pending the legal access/easement description Although the roadway does not meet the dimensional standards outlined in Section 7-107, it is still adequate to serve the proposed use. SINCERELY, ��LY BRETT MEREDITH PROFESSIONAL ENGINEER CO #46542 1334 BARBER DR CARBONDALE, CO 81623 COLORADO Division of Water Resources Department of Natural Resources WELL PERMIT NUMBER 82152-F RECEIPT NUMBER 9504431 ORIGINAL PERMIT ANN R BRUMBY BRAD REED NELSON APPLICANTS) PERMIT TO USE AN EXISTING WELL APPROVED WELL LOCATION Water Division: 5 Water District: 38 Designated Basin: Management District: County: Parcel Name: N/A N/A GARFIELD N/A Physical Address: 6698 HIGHWAY 82 GLENWOOD SPRINGS, CO 81601 SE 1/4 NE 1/4 Section 1 Township 7.0 S Range 89.0 W Sixth P.M. UTM COORDINATES (Meters, Zone:13, NAD83) Easting: 304687.0 Northing: 4372080.0 ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) Construction details for this existing well have not been provided to this office; therefore, it is not known if the construction of this well is in compliance with the Water Well Construction Rules, 2 CCR 402-2. The issuance of this permit does not relieve the well owner of responsibility or liability in the event contamination of the groundwater source results from the construction or use of this well, nor does the State Engineer assume any responsibility or liability should contamination occur. 3) Approved pursuant to CRS 37-90-137(2) on the condition that this well is operated as an alternate point of diversion to the Basalt Conduit (if applicable per decree) and in accordance with one or more of the augmentation plans approved by the Div. 5 Water Court for the Basalt Water Conservancy District in Case Nos. 87CW0155, 93CW0319, 98CW0026198CW0089, 01CW0305, It 02CW0077 (and Case No. 10CW0047 if in Area A-3 as described in decree), or operating pursuant to an approved substitute water supply plan. If this well is not operated in accordance with the terms of said decree(s) or SWSP, it will be subject to administration including orders to cease diverting water. BWCD contract #713. 4) Approved for a location correction and the expansion of use of, an existing well, constructed on unknown date, to an unknown depth and with pump installation on an unknown date, all without a valid permit, and later recorded far historic use, under permit no. 148125 (canceled). Issuance of this permit hereby cancels permit no. 148125. 5) The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling, one (1) accessory dwelling unit, the irrigation of not more than 5,000 square feet of home gardens and lawns. 6) The pumping rate of this well shall not exceed 15 GPM. 7) The annual withdrawal of ground water from this well shall not exceed 0.98 acre-foot. 8) The return flow from the use of this well must be through either a central treatment system, a septic tank and leach field system, or an evaporative system, whichever does not exceed the amount specified in the Basalt contract. 9) The owner shall mark the well in a conspicuous location with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 10) This well shall be located not more than 200 feet from the location specified on this permit. 11) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. Note: Section 1 is an irregular "short" section. NOTE: Parcel Identification Number (PIN): 23-2395-011-00-017 NOTE: Assessor Tax Schedule Number: R011326 Printed 06-07-2018 For questions about this permit call 303.866.3581 or go to www.water.state.co.us Page 1 of 2 WELL PERMIT NUMBER 82152-F RECEIPT NUMBER 9504431 ../r Issued By DWIGHT WHITEHEAD Date Issued: 6/7/2018 Expiration Date: N/A Printed 06-07-2018 For questions about this permit call 303.866.3581 or go to www.water.state.co.us Page 2 of 2 BASALT WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT NO. 713 Pursuant to C.R.S. § 37-45-131 BRAD REED NELSON and ANN R. BRUMBY (collectively, "Applicant") has applied to the Basalt Water Conservancy District ("District") a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of Section 37-45-101, Colorado Revised Statutes, et seq., for an allotment contract for beneficial use of water rights owned, leased, or hereafter acquired by the District ("Contract"). By execution of this Contract, Applicant agrees to the following terms and conditions and those certain terms and conditions set forth in the attached Order, which is fully incorporated as a part of this Contract: 1. QUANTITY: In consideration of the covenants and conditions herein contained, Applicant shall be entitled to receive and apply to beneficial use 0.033 cubic feet of water per second from the District's direct flow rights and 0.4 acre feet per year of storage or other augmentation water owned or controlled by the District. Applicant shall restrict actual diversions and consumptive use under this Contract to these amounts. The Contract amount is based on the water requirements table attached hereto as Exhibit B. Any increase or change in the water requirements to be served by the District will require an amendment to the subject Contract. 2. SOURCE OF ALLOTTED WATER: Water rights allotted pursuant to this Contract shall be from the District's water rights decreed to the Basalt Conduit, Landis Canal, Stockman's Ditch Extension, Troy and Edith Ditch, Robinson Ditch, or other water rights hereafter acquired by the District, including the District's right to receive storage water from Ruedi Reservoir and Green Mountain Reservoir. The District shall have the right to designate the water right or Decree of the District from which the Applicant's allotted rights shall be obtained. The Applicant's use of any of the District's water rights shall be subject to any and all terms and conditions imposed by the Water Court on the use of the District's said rights. Exchange or augmentation releases made from the District's storage rights in Ruedi or Green Mountain Reservoirs or other works and facilities of the District shall be delivered to the Applicant at the outlet works of said storage facility and release of water at such outlet works shall constitute full performance of the District's delivery obligation. Delivery of water from the District's storage rights in Ruedi or Green Mountain Reservoir shall be subject to the District's lease contract with the United States Bureau of Reclamation and any rules and regulations promulgated pursuant thereto. Releases from other facilities available to the District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures 1 that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement is not impaired by said action. 3. At Applicant's request, this water allotment contract supply and applicant's structure(s) benefited hereunder have been included in the District's umbrella plan for augmentation decreed in Case No. 02CW77 ("Umbrella Plan"). Applicant agrees to pay $1,200.00 for inclusion in the Umbrella Plan contemporaneously with acceptance of this Order, unless otherwise agreed in writing by the parties, which amount is based on and limited to the type(s) and amount of water use made by Applicant as detailed in Exhibit B to this Water Allotment Contract. 4. PURPOSE AND LOCATION OF USE: Applicant will use the water rights allotted pursuant to this Contract for beneficial purposes by diversion at Applicant's point of diversion under the District's direct flow water rights and/or for use by augmentation or exchange. Applicant will use the water allotted by the District within or through facilities or upon lands owned, operated, or served by Applicant, which lands are described on Exhibit A attached hereto; provided that the location and purpose of Applicant's use of said water shall be legally recognized and permitted by the applicable governmental authority having jurisdiction over the property served. Applicant's contemplated usage for the water allotted hereunder is for the following use or uses: X Domestic/Municipal Industrial Commercial Agricultural Other It is acknowledged that certain locations within the District may not be susceptible to service solely by the District's water rights allotted hereunder or the District's said water rights may not satisfy Applicant's needs and purposes. To the extent that service cannot be achieved by use of the District's allotted water rights, or in the event said service is inadequate, Applicant may utilize such other water rights, by way of supplementing the District's water rights, or otherwise, as is necessary to assure water service sufficiently reliable for Applicant's intended purpose or purposes. All lands, facilities and areas served by water rights allotted hereunder shall be situated within the boundaries of the District. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right and neither the District, nor those entitled to utilize the District's decrees, may call on any 2 greater amount at new or alternate points of diversion. The District shall request the Colorado State Engineer to estimate any conveyance losses between the original point and any alternate point and such estimate shall be deducted from this amount in each case. The District, or anyone using the District's decrees, may call on any additional sources of supply that may be available at an alternale point of diversion, but not at the original point of diversion, only as against water rights which are junior to the date of application for the alternate point of diversion. In the event the Applicant intends to institute any legal proceedings for the approval of an augmentation plan and/or any change to an alternate point of diversion of the District's water right to allow the Applicant to utilize the water allotted hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates an alternate point of diversion and/or an augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to bear or defray any legal or engineering expense of the District incurred by the District for the purpose of developing and adjudicating a plan of augmentation for the District. In any event, the District shall have the right to approve the Applicant's application for change of water right, and/or augmentation plan or other water supply plan involving the District's rights, and the Applicant shall provide the District copies of such application and of all pleadings and other papers filed with the Water Court in the adjudication thereof. The District reserves the exclusive right to review and approve any conditions which may be attached to judicial approval of Applicant's use of the District's water rights allotted hereunder. Applicant agrees to defray any out-of-pocket expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any further water rights adjudication necessary to allow Applicant's use of such allotted water rights; provided, however, in the event any such adjudication involves more of the District's water rights than are allotted pursuant to this Contract, Applicant shall bear only a pro rata portion of such expenses. Applicant shall be solely responsible for providing the structures, works and facilities, if any, necessary to utilize the District's water rights allotted hereunder for Applicant's beneficial use. 5. PAYMENT: Applicant shall pay annually for the water service described herein at a price to be fixed annually by the Board of Directors of the District for such service. Payment of the annual fee shall be made, in full, within fifteen (15) days after the date of a notice from the District that the payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the payment shall apply and the price which is applicable to that year. If a payment is not made by the due date, a late fee of $50 (or such other amount as the Board may set from time to time) will be assessed and final written notice of the delinquent account and late fee assessment will be 3 sent by the District to the Applicant at Applicant's address set forth below. If payment is not made within thirty (30) days after said final written notice, the District may, at its option, elect to terminate all of the Applicant's right, title, or interest under this Contract, in which event the water right allotted hereunder may be transferred, leased or otherwise disposed of by the District at the discretion of its Board of Directors. In the event water deliveries hereunder are made by or pursuant to agreement with some other person, corporation, quasi -municipal entity, or governmental entity, and in the event the Applicant fails to make payments as required hereunder, the District may, at its sole option and request, authorize said person or entity to curtail the Applicant's water service pursuant to this Contract, and in such event neither the District nor such persons or entity shall be liable for such curtailment. 6. APPROPRIATION OF FUNDS: The Applicant agrees that so long as this Contract is valid and in force, Applicant will budget and appropriate from such sources of revenues as may be legally available to the Applicant the funds necessary to make the annual payments in advance of water delivery pursuant to this Contract. The Applicant will hold harmless the District and any person or entity involved in the delivery of water pursuant to this Contract, for discontinuance in service due to the failure of Applicant to maintain the payments herein required on a current basis. 7. BENEFIT OF CONTRACT: The water right allotted hereunder shall be beneficially used for the purposes and in the manner specified herein and this Contract is for the exclusive benefit of the Applicant and shall not inure to the benefit of any successor, assign, or lessee of said Applicant without the prior written approval of the Board of Directors of the District. Upon the sale of the real property to which this Contract pertains, Applicant has a duty to make the buyer aware of this Contract and the need to assign the Contract to the buyer. However, prior written approval of the Board of Directors of the District is required before the assignment is effective. Payment of an assignment fee in an amount determined by the Board shall be required as a prerequisite to approval of the assignment. In the event the water right allotted hereunder is to be used for the benefit of land which is now or will hereafter be subdivided or otherwise held or owned in separate ownership interest, the Applicant may assign the Applicant's rights hereunder only to a homeowners association, water district, water and sanitation district or other special district, or other entity properly organized and existing under and by virtue of the laws of the State of Colorado, and then only if such association, entity or special district establishes to the satisfaction of the Basalt Water Conservancy District that it has the ability and authority to assure its performance of the Applicant's obligations under this Contract. In 4 no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract have any rights hereunder, except as such rights may exist through a homeowners association or special district as above provided. Any assignment of the Applicant's rights under this Contract shall be subject to and must comply with such requirements as the District has adopted or may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors, provided that such requirements shall uniformly apply to all allottees receiving District service. The restrictions on assignment as herein contained shall not preclude the District from holding the Applicant, or any successor to the Applicant, responsible for the performance of all or any part of the Applicant's covenants and agreements herein contained. 8. OTHER RULES: Applicant's rights under this Contract shall be subject to the Water Service Plan as adopted by the District and amended from time to time; provided that such Water Service Plan shall apply uniformly throughout the District among water users receiving the same service from the District. Applicant shall also be bound by all applicable law, including, for example, the provisions of the Water Conservancy Act of the State of Colorado, the Rules and Regulations of the Board of Directors of the District, the plumbing advisory, water conservation, and staged curtailment regulations, if any, applicable within the County in which the water allotted hereunder is to be used, together with all amendments of and supplements to any of the foregoing. 9. CURTAILMENT OF USE: The water service provided hereunder is expressly subject to the provisions of that certain Stipulation in Case No. 81CW253 on file in the District Court in Water Division 5 of the State of Colorado, which Stipulation provides, in part, for the possible curtailment of out -of -house municipal and domestic water demands upon the occurrence of certain events and upon the District giving notice of such curtailment, all as more fully set forth in said Stipulation. 10. OPERATION AND MAINTENANCE AGREEMENT: Applicant shall enter into an "Operation and Maintenance Agreement" with the District if and when the Board of Directors finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by the District or by reason of the delivery or use of water by the Applicant for more than one of the classes of service which are defined in the Rules and Regulations of the Board of Directors of said District. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard allotment contracts of the District and additional annual monetary consideration for extension of District services and for additional administration, operation and maintenance costs, or for other costs to the District which may arise through services made available to the Applicant. 5 11. CHANGE OF USE: The District reserves the exclusive right to review and approve or disapprove any proposed change in use of the water right allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 12. PRIOR RESOLUTION: The water service provided hereunder is expressly subject to that certain Resolution passed by the Board of Directors of the District on September 25, 1979, and all amendments thereto, as the same exists upon the date of this application and allotment Contract. 13. NO FEE TITLE: It is understood and agreed that nothing herein shall give the Applicant any equitable or legal fee title interest or ownership in or to any of the water or water rights of the District, but that Applicant is entitled to the right to use the water right allotted hereunder, subject to the limitations, obligations and conditions of this Contract. 14. COMPLIANCE WITH SECTION 404 OF THE CLEAN WATER ACT. Applicant shall comply with Section 404 of the Clean Water Act and consult with the Army Corps of Engineers to complete any Section 404 compliance that may be required as a result of the construction of any facilities necessary to use contract water. 15. CONSERVATION PRACTICES: Applicant shall implement and use commonly accepted conservation practices with respect to the water and water rights allotted hereunder and shall be bound by any conservation plan hereafter adopted by the District, as the same may be amended from time to time. 16. WELL PERMIT: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before the District is obligated to deliver any water hereunder, and it is the Applicant's continuous duty to maintain a valid well permit. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Applicant must comply with the well -spacing requirements set forth in C.R.S. § 37-90-137, as amended, if applicable. Compliance with said statutory well -spacing criteria shall be an express condition of the extension of service hereunder, and the District shall in no way be liable for an Applicant's failure to comply. Applicant agrees to mark the well in a conspicuous place with the permit number. 17. MEASURING DEVICE OR METER: Applicant agrees to provide, at its own expense, a totalizing flow meter with remote readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicant's water right and 6 the terms of this Contract. On or before November 15 of each year, Applicant will provide accurate readings from such device or meter (recorded on a monthly basis for the period November 1 through October 30 of each year) to District, the Division Engineer and Water Commissioner. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours for the purposes of determining Applicant's actual use of water. 18. CONTRACT TERMINATION: A. Termination by District: 1. The District may terminate this Contract for any violation or breach of the terms of this Contract by Applicant, or Applicant's breach of any other contract with the District. 2. The District may terminate this Contract if, in its discretion, any judicial or administrative proceedings initiated by Applicant threaten the District's authority to contract for delivery or use of the District's water rights, or threaten the District's permits, water rights, or other interests of the District. B. Termination by Applicant: 1. Applicant may terminate this Contract in its entirety for any reason by notifying the District in writing of the termination on or before April 1. Notice by said date will prevent the Applicant's liability for the next annual contract charge. 19. RECORDING OF MEMORANDUM: In lieu of recording this Water Allotment Contract, a Memorandum of Water Allotment Contract will be recorded with the Garfield County Clerk and Recorder's Office. The costs of recording the Memorandum shall be paid by Applicant. 7 APPLICANT: Brad R.L ed N - son r�l Ann R. Brumby Applion t's Address: 1949 Dolores Way Carbondale, CO 81623 Telephone No.: (970) 309-7343 (Ann) and (970) 309-3493 (Brad) STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. Subscribed and sworn to before me this \ \ day of VV\A . by Brad Reed Nelson and Ann R. Brumby. WITNESS my hand and official seal. My commission expires: A! ICIA ANN BROADHURS T STATE OF CC)LORAD0 NOTARY ID 4:2‘)174.011E.517 �f,i,•.; - Mar )i My C^�, t >,, u'! E��rr•3� �vi�,G • 15 201 , 2018, rr �� \-\ _f`4 3 �-fit- er r -t\1, a3L 8 Notary Public EXHIBIT A Legal Description A TRACT OF LAND SITUATED IN LOT 8 OF SECTION 1, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6TH P.M. LYING EASTERLY OF THE WESTERLY LINE OF SAID LOT 8 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 8 WHENCE AN IRON POST WITH A BRASS CAP SET IN PLACE AND PROPERLY MARKED FOR THE SOUTHWEST CORNER OF SAID LOT 8 BEARS S. 01°14'00" W. 659.14 FEET; THENCE N. 01°14'00" E. 359.90 FEET ALONG THE WESTERLY LINE OF LOT 8 TO THE NORTHEAST CORNER OF LOT 9 IN SAID SECTION 1; THENCE S. 87°06'00" E. 150.08 FEET TO THE NORTHWEST CORNER OF THAT CERTAIN PROPERTY DESCRIBED IN BOOK 355 AT PAGE 145; THENCE S. 01°14'00" W. 335.51 FEET ALONG THE WESTERLY LINE OF SAID PROPERTY DESCRIBED IN BOOK 358 AT PAGE 145 TO THE NORTHEAST CORNER OF THAT CERTAIN PROPERTY DESCRIBED IN BOOK 411 AT PAGE 48; THENCE S. 83°37'30" W. 151.33 FEET ALONG THE NORTHERLY LINE OF SAID PROPERTY DESCRIBED IN BOOK 411 AT PAGE 48 TO A POINT ON THE WESTERLY LINE OF SAID LOT 8, THE POINT OF BEGINNING. COUNTY OF GARFIELD, STATE OF COLORADO. also known by street and number as: 6698 Highway 82, Glenwood Springs, CO 81601 FiFiTer Leser Ana Bairriby & Brad Reed Neter)J -Ar alma .d-44 March 26, 2018 DiStfid Area' -e A 5.c wee Series: Vaximum Dernand: 15 3 033 (GPM) TFS) BASALT WATER CONSERVANCY D1S TRCT WATER REQUIREMENTS (nea. feel) Tolai Demand (1) (2) f") (4) (5) Domestic Corea-modal me.Ii Commercial Month In-house or Other Irrigation Jantiaey 0.058 -'el.:=Liary 0.053 0.000 0.000 March 0.052 0.000 01300 Apfil 0.056 0.000 0.013 May 0 055 0.003 0.057 line 0 056 0000 0.070 JLly 0.053 0.000 0.067 AugLaf 0 058 0,000 0.041 September 0.056 0.000 0,037 October 0.052 0.000 0.014 Novmher 0.056 0.000 0.000 Decernbei 0.058 0.000 0.000 ;Trig afien Livestock 0000 0.000 0.000 0.000 0000 0.000 0008 0.000 0 000 0 000 0.000 0000 0 000 0 000 (1 000 0008 0.000 0 000 0 000 0 000 0 000 01,30 0 000 0.000 0.000 0.000 r- Consumplive Use (6) (7) (8) (9) (10) (11) 112) Dorresstic Commercial Dornesfic Commercial TOTAL ln-house Of othaf trregzifion InVatioo Livestock 0,058 0.069 0.009 0.000 0 008 0 0 0 000 0000 . 0.000 ' am) 00 000 0.000 0 000 0.010 3.008 .0 0,000 0 000 0.000 0.053 0.006 0 000 0.000 0.0613 0.009 0.116 0.009 0 GOO 0 045 0.000 0.000 0126 0 008 0.000 0.058 0.000 0.000 0.125 0009 0000 0.054 0 000 0 000 0.099 0 009 0 000 0.033 0.000 0 000 0.094 0 002 0,000 0 030 0 900 0 GOO 0.073 0 009 0000 0.012 0008 0.000 0.056 0.003 0 000 0 000 0.000 0 000 0.058 0.009 0 GOO 0.000 0.000 0.000 larAL 0.010 0.000 0.010 0.021 0.060 0.071 0.069 00-46 0.042 0 022 0 009 0 010 (13) Well Delayed Depletions 0.022 0.021 0.021 01.023 0,032 0.042 0.045 0.044 0.040 0.034 0.027 0.024 TOTALS --> 0.656 0.000 0.299 0_000 0.000 (1) NUMBER Of' RESIDENCES # persons/residence (2) 0.335 Asswriatioli 0.103 0 000 0.239 0.000 0 000 0.375 175 (5) 35 *9ailorLsipersonlday ;DO ComaltOlter Demand (an (7) 0.376 (14) SC...2:17,2: of Aug/Replace 0NM GNM GNM GNM GAM GNM (NM GNM GNM GNM GNM # of Lbresteck @ 11 Ealskkay 0 Type Wel?: Elerinif No 148125 % CU for rbnr*al 15 Rnaring Fork River Otlte % Lawn ling Efficiency Coristempfien e ng (afiac) 50 118 (3) Sq. Ft: of Lawn Irrigated Lawn Application Rats (afiac) (4) 5,000 2 MS (10) % Crop !mg Efficiency COLlatfalpilOO ef !frig (affac) 80 0.000 Acres er Crop litigated 0.00 Crop Ala:aka-gen Rate (afieo) 0.000 (9-10) Elevation (fe--,1; "(12) (13) Total Includes 5% Transit Lefn 10% Von! Green Mt', IIHIFIXA ORDER GRANTING APPLICATION FOR ALLOTMENT CONTRACT BRAD REED NELSON and ANN R. BRUMBY CONTRACT NO. 713 Application having been made by or on behalf of BRAD REED NELSON and ANN R. BRUMBY and hearing on said Application having been duly held, it is hereby ordered that said Application be granted and that the attached Water Allotment Contract for 0.033 cubic feet of water per second from the District's direct flow rights and 0.4 acre feet per year of storage/augmentation water owned or controlled by the District is hereby approved and executed by and on behalf of the Basalt Water Conservancy District, for the beneficial use of the water allotted in the attached Contract, upon the terms, conditions and manner of payment as therein specified and subject to the following specific conditions: 1. The Applicant has acknowledged that the land to be benefited by the attached Contract is described on Exhibit A attached hereto and incorporated herein by this reference. 2. In the event of the division of the property served by this Contract into two or more parcels owned by different persons, the Applicant shall establish a homeowners association or other entity acceptable to the District for the ongoing payment of charges due under the approved Contract following subdivision of the property. The Applicant shall give notice to purchasers of all or any part of the subject property of the obligation of this Contract, and shall record such notice in the records of the Clerk and Recorder of Garfield County, Colorado. Applicant and his successors and assigns shall comply with all rules and regulations now existing or hereafter adopted by the District, including enforcing payment of charges due under the approved Contract by present and future owners of all or any part of the real property served under this Contract. 3. Any allotment of less than 1.0 acre foot of storage water in Paragraph 1 of the attached Contract shall be deemed 1.0 acre foot for purposes of establishing the annual water service charge for such water allotment. 4. Applicant has represented to the District that the proposed use of the land to be benefited by the water allotted hereunder has been approved by the applicable governmental authorities having jurisdiction over such land use and by executing the attached water allotment contract warrants to the District that the lot or parcel to be benefited hereunder is legally subdivided. - 1 - 5. Any well permits issued on the basis of this Contract shall be applied for and issued in the name of the Applicant. 6. This Contract is conditioned upon and water may be delivered hereunder only in conformity with a water rights plan of augmentation decreed by the Water Court of Water Division No. 5. Any and all conditions imposed upon the release and diversion of the water allotted hereunder in the decree of said Water Court shall be incorporated herein as a condition of approval of this Contract. Granting of this Contract does not constitute the District's representation that the Applicant will receive a well permit or water rights decree for the land to be benefited hereby. 7. If Applicant intends to divert water through a well or wells, Applicant shall provide the District a copy of Applicant's valid well permit for each such well before the District is obligated to deliver water for the benefit of Applicant hereunder. Applicant must comply with the well -spacing requirements set forth in C.R.S. § 37-90-137, as amended, if applicable. Compliance with said statutory well -spacing criteria shall be an express condition of the extension of service hereunder, and the District shall in no way be liable for an Applicant's failure to comply. Approved this B- day of May, 2018. Attest: By: Scott t esite, Secretary to the Meeting BASALT WATER CONSERVANCY DISTRICT By: �' )c ,c �.. Don Boyer, P esident -2 EXHIBIT A Legal Description A TRACT OF LAND SITUATED IN LOT 8 OF SECTION 1, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6TH P.M. LYING EASTERLY OF THE WESTERLY LINE OF SAID LOT 8 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 8 WHENCE AN IRON POST WITH A BRASS CAP SET IN PLACE AND PROPERLY MARKED FOR THE SOUTHWEST CORNER OF SAID LOT 8 BEARS S. 01°14'00" W. 659.14 FEET; THENCE N. 01°14'00" E. 359.90 FEET ALONG THE WESTERLY LINE OF LOT 8 TO THE NORTHEAST CORNER OF LOT 9 IN SAID SECTION 1; THENCE S. 87°06'00" E. 150.08 FEET TO THE NORTHWEST CORNER OF THAT CERTAIN PROPERTY DESCRIBED IN BOOK 355 AT PAGE 145; THENCE S. 01°14'00" W. 335.51 FEET ALONG THE WESTERLY LINE OF SAID PROPERTY DESCRIBED IN BOOK 358 AT PAGE 145 TO THE NORTHEAST CORNER OF THAT CERTAIN PROPERTY DESCRIBED IN BOOK 411 AT PAGE 48; THENCE S. 83°37'30" W. 151.33 FEET ALONG THE NORTHERLY LINE OF SAID PROPERTY DESCRIBED IN BOOK 411 AT PAGE 48 TO A POINT ON THE WESTERLY LINE OF SAID LOT 8, THE POINT OF BEGINNING. COUNTY OF GARFIELD, STATE OF COLORADO. also known by street and number as: 6698 Highway 82, Glenwood Springs, CO 81601 J & M Pump Inc. 8611 County Road 117 Glenwood Springs CO 81601 Phone: 970-945-6159 Cell: 970-948-6159 Fax: 970-945-6159 Well Test DATE: 1/24/2018 TO: Brad Nelson 6698 Hwy 82 Glenwood Springs, CO 81601 RE: Well Tests Attn: Brad, J & M Pump Inc performed a four hour well test at 6698 Hwy 82, Glenwood Springs, CO The following results were obtained: Well Depth: @ 120' Water Level: 29'4" measured from top of casing Drawdown To: 29'8" measured from top of casing Sustained Yield 14.2 GPM via totalizing flow meter Clarity: Clear Recovery: 100% within 6 minutes Sample: Bacteria sent to MCHD Lab Comments: This well production indicates adequate water for three houses using 300 gallons each per day. If you have any questions, please call Rick, 945-6159 J & M Pump Inc. Richard A Holub Lic. No 1196 Thank You! MESA COUNTY PUBLIC HEALTH Working Together for a Healthy Community Customer 1&MPump, Inc. 8611-117 Rd Glenwood Springs, CO 81601 Mesa County Public Health Water Quality 510 29.5 Rd, Grand !unction, CO 81504 US Mail: PO Box 20,000, Grand Junction, CO 81502-5033 (970) 248-6999 fax (970) 683-6608 http://heaith.mes.=(=:)unty.us/fab ' Sample Invoice /l 322-18 Date Time Collected 8+v. Collected 1/24/2018 11:45 AM Ricin System Brad Nelson Received 1/25/2018 2:16 PM 6698 Hwy 82 Matrix Raw Water Glenwood Springs CO 81601 Purpose Personal Info Chlorine 0.47 Location Well Comments Test Name Result Total coliform/E coli PA ABSENT Coliform/ABSENT E. coli or less than one (<1), indicates a microbiologically safe sample ., - �,. __a ........ �.— r ... 1/26/2019 9:20:23 ,AM John W. Hickenl000er. Governor Dr. Larry Wolk, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado Laboratory Services Division 8100 Lowry Boulevard Denver. CO 80230 PO Box 17123 Denver, CO 80217 303-692-3090 www.cdphe.state.co.us/Ir Laboratory Results For Sample Number: Site ID/PWSID Site Address Site Description Customer ID Customer 48574224 Ann Brumby 6698 Highway 82 Glenwood Springs CO 81601 test Name Deluxe Colorado Package* Arsenic, Total Cadmium, Total Calcium (Carbonate) Copper, Total Iron, Total Lead, Total Magnesium, Total Manganese, Total Sodium, Total Uranium, Total Zinc, Total Hardness Total 'Result 'units 0.0017 mg/L <0.001 mg/L 100 mg/L 0.0068 mg/L 0.017 mg/L <0.001 mg/L 25 mg/L 0.016 mg/L 50 mg/L 0.0077 mg/L 0.014 mg/L 210 mg/L mg/L Nitrogen, Nitrate/Nitrite 0.31 STATE OF COLORADO 44 CQL ENV -2018003899-( J�MCL Colorado Department of Public Health and Environment Contact Ann Brumby Phone 970-309-7343 Fax Email annbrumby@gmail.com Collected ByAB Collected 03/22/2018 12:12:00 Received 03/23/2018 15:55:00 Reported 04/13/2018 12:00:00 Bottles 1 250M,1 L NEUT,1 250NUT, 1 FL Matrix Ground Water Field Fluoride Residual Chlorine Temperature at Receipt 22.3 MRL (Method Name Date Analyzed Qualifier 0.01 0.001 EPA 200.8 03/27/2018 00:00:00 0.005 0.001 EPA 200.8 03/27/2018 00:00:00 No limit 0.03 EPA 200.7 03/28/2018 establishe 00:00:00 1.3 0.004 EPA 200.7 04/04/2018 00:00:00 [0.3] 0.002 EPA 200.7 03/28/2018 00:00:00 0.015 0.001 EPA 200.8 03/27/2018 00:00:00 No limit 0.02 EPA 200.7 03/28/2018 establishe 00:00:00 [0.05] 0.002 EPA 200.7 03/28/2018 00:00:00 No limit 0.1 EPA 200.7 03/28/2018 establishe 00:00:00 0.03 0.001 EPA 200.8 03/27/2018 00:00:00 [5] 0.01 EPA 200.7 03/28/2018 00:00:00 No limit 1 Calculation 03/28/2018 establishE 00:00:00 10 0.05 EPA 353.2 03/26/2018 00:00:00 MRL - Minimum Reporting Limit. MCL - Maximum Contaminant Limit per EPA regulations. t�nl_ - Below netnntion Limit. H - Holding Time exceeded. Q - Quality Control limit exceeded. NT - No Test. Units: mg/L - milligrams per lifer (porn), ug/L - micrograms per liter (ppb), pCi - picoCuries LSD Internet Address: coloradostatelab.us John W. Hickenl000er, Govemor Dr. Larry Wolk, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado Laboratory Services Division 8100 Lowry Boulevard Denver. CO 80230 PO Box 17123 Donver, CO 80217 303-692-3090 www.cdphe.state.co us/Ir Laboratory Results For Sample Number: Nest Name Alkalinity, Total 210 Alkalinity, <5 Phenolphthalein pH 8.1 Solids, Dissolved 390 Conductivity 640 Chloride 4.8 Fluoride 0.70 Sulfate 17 Result Corrosivity-Langlier 0.24 Sodium Adsorption Ratio 0.46 Test Group -Total Coliform PA** Escherichia coli PA No bottle ug/L submitted for test(s) requested Total coliforms PA No bottle ug/L submitted for test(s) requested Units mg/L mg/L STATE OF COLORADO ENV -2018003899-I INICL NA MRL Method Name 5 SM 2320B no limit 5 establishe [6.5-8.5] SM 2320B SM 4500 -H+ -B mg/L 500 10 EPA 160.1 uS/cm No Limit 0.5 SM 2510 B Establish( mg/L [250] 2 EPA 300.0 mg/L 4.0 0.05 EPA 300.0 mg/L [250] 0.3 EPA 300.0 mg/L ug/L Colorado Dcprartntent of Public Health and Environment Date Analyzed Qualifier 04/02/2018 00:00:00 04/02/2018 BDL 00:00:00 04/02/2018 H 00:00:00 03/26/2018 00:00:00 03/28/2018 00:00:00 03/27/2018 00:00:00 04/04/2018 00:00:00 03/27/2018 00:00:00 SM 9223 B.2.c. 03/23/2018 00:00:00 SM 9223 B.2.c. 03/23/2018 00:00:00 Comments: HUMAN HEALTH Arsenic, Cadmium, Copper, Lead, Uranium, Fluoride, Nitrate/Nitrite concentrations are below EPA health -based standards. Iron, Manganese, Zinc, pH, Solids -Dissolved, Sulfate and Chloride levels meet EPA aesthetic -based standards. Hardness >80 mg/L. The water is hard and may cause scaly residues and soap scum, and decrease the cleaning action of soaps and detergents. Based on these results, the water is safe for human consumption. The quality of the water would be improved if it was treated for the above constituents. CORROSIVITY MRL - Minimum Repotting Limit. MCL - Maximum Contaminant Limit per EPA regulations. BDL - Below Detection Limit. H - Holding Time exceeded. Q - Quality Control limit exceeded. NT - No Test. Units: mg/L - milligrams per liter (ppm), ug/L - micrograms per liter (ppb), pCi - picoCuries LSD Internet Address: coloradostatelab.us John W. Hickenl000er. Governor Dr. Larry Wolk, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado Laboratory Services Division 8100 Lowry Boulevard Denver. CO 80230 PO Box 17123 Denver, CO 80217 303-692-3090 www. cdphe.state.co.us/Ir Laboratory Results For Sample Number: ENV -2018003899-I STATE OF COLORADO Colorado Department of Public Health and Environment -0.5 to 0.5 The Corrosivity Index is 0.24, which indicates that the water is nearly balanced (will not deteriorate plumbing or cause scale build-up) IRRIGATION The sodium adsorption radio (sodicity) is 0.46. The conductivity (salinity) is X uS. The sodium and chloride concentrations (toxicity) are 50 mg/L (recommended level <46mg/L) and 4.8 mg/L (recommended level < 140 mg/L), respectively. The alkalinity is 210 mg/L (recommended level <92 mg/L). Based on the measured sodicity, salinity, toxicity and alkalinity the water is considered a slight irrigation risk and may have detrimental effects on sensitive crops such fruit trees, clover, radishes, celery and green beans. Registry Comments: MRL - Minimum Reporting Limit. MCL - Maximum Contaminant Limit per EPA regulations. BDL - Below Detection Limit. H - Holding Time exceeded. Q - Quality Control limit exceeded. NT - No Test. Units: mg/L - milligrams per liter (ppm), ug/L - micrograms per liter (ppb), pCi - plcoCurles LSD Internet Address: coloradostatelab.us