Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1.0 Application
1CGarfield County Community Development Department RECEIVED 108 8th Street, Suite 401 Glenwood Springs, CO 81601 AUC o (970) 945-8212 GARFIELD COUNTYI ww.garfield-county.com COMMUNITY DEVELOPMENT TYPE OF APPLICATION 124. Administrative Review LAND USE CHANGE PERMIT APPLICATION FORM O Development in 100 -Year Floodplain O Limited Impact Review O Development in 100 -Year Floodplain Variance O Major Impact Review O Code Text Amendment ❑ Amendments to an Approved LUCP ❑ LIR ['MIR ❑ SUP O Rezoning ❑ Zone District❑ PUD ❑ PUD Amendment ❑ Minor Temporary Housing Facility O Administrative Interpretation O Vacation of a County Road/Public ROW O Location and Extent Review O Appeal of Administrative Interpretation O Areas and Activities of State Interest O Comprehensive Plan Amendment O Accommodation Pursuant to Fair Housing Act ❑ Pipeline Development 0 Variance ❑ Time Extension (also check type of original application) INVOLVED PARTIES Owner/Applicant .� Name: qi 40 °lie h c-0 Mailing Address: -.3-2“P 2, t? lea City: i L c nrl@ b Phone: ( 970 ) SS S-tj ( Sri State: CO Zip Code: jl � .3 E-mail: rk0 Vel' bee fin Ct a L rn Representative (Authorization Required) Name:, OE 001/1 40L)e, jo-c•k/-Si-5eo owl& Phone: (`j' 70 ) 1 (34, Mailing Address: •;44 Er C R. 11_3 City: ea r•ho,? (a State: C,C) Zip Code: Y7 •) E-mail: s5 C'I l d i•4 yrnai/. Cc ry7 PROJECT NAME AND LOCATION Project Name: ?I/2i'J ec.1c' .4--7U Assessor's Parcel Number: & 3 9 R - / - d - d 7 Physical/Street Address:.307 Pcoc /43 Legal Description: -Sc /( J2 Lt 7 TRO TQ /AI Zone District: Property Size (acres): 10,� PROJECT DESCRIPTION Existing Use: Proposed Use (From Use Table 3-403): /04-2,02 Description of Project: aveJ1Iay. -7- REQUEST FOR WAIVERS Submission Requirements 0 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards ❑ 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 my knowledge. Signature of Property Owner OFFICIAL USE ONLY 00e Date File Number•6 ALA - ! Fee Paid: $ Z50' Ot' August 14, 2018 To Whom It May Concern: I, Rita Overbeck, authorize both Sarah Overbeck and Jason Cowan to create an application for building an ADU on my property of, as well as to make decisions in regard to this project. Location: 3268 County Road 113 Carbondale, CO 81623 (Garfield County) F. -4e Signature Date Contact Information: Rita Overbeck (970) 945-5650 rkoverbeck@gmail.com Sarah Overbeck (970) 618-0439 soidie@gmail.com Jason Cowan (512) 751-6965 jasonc.cowan@gmail.com Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT")?/67___i/�r� agree as follows: i (d - 1. The Applicant has submitted /to the County an application for the following Project: C--. 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:ro { Billing Contact Person: Person:\.....)_RAUMAf Billing Contact Address: .bu ]U1-, City:W?V1112 ,f nl Billing Contact Email: O�if fi4VADP� vl l • MVA, a,k—CUA RLP, W(91-- Phone:nld) l � V) State: . 0 Zip Code: li2 V Printed Name of Person Authorized to Sign: 9)0 (Signature) (Date) Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.ga rf field-cou n ty.co n PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 239310300049 PROJECT: Accessory Dwelling Unit OWNERS/APPLICANT: Sarah Overbeck REPRESENTATIVE: N/A PRACTICAL LOCATION: 3268 County Road 113, Carbondale, 81623 ZONING: Rural TYPE OF APPLICATION: Accessory Dwelling Unit DATE: March 7, 2018 I. GENERAL PROJECT DESCRIPTION The applicant is requesting a permit for an Accessory Dwelling Unit (ADU) on 10.85 acre parcel located within the Rural zone district. The property is over the 2 acre minimum lot size for an ADU in the Rural zone district. As the property is over 4 acres, the ADU is limited to 3000 square feet. The Garfield County Comprehensive Plan of 2030 designates the parcel as Residential Low which suggests more than 10 acres per dwelling unit. The application should address how the proposal is generally compatible with the Comprehensive Plan. The property is understood to be served by an individual septic. 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. It is understood that the unit would be served by an individual well on the property. The Applicant will also have to demonstrate that the existing well is legally and physically able to serve the ADU and the primary dwelling unit. 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.). In addition, should the access driveway cross adjacent properties before reaching the public right of way, then easements or other demonstration of legal access needs to be provided. Should the roadway not meet one or more of the dimensional standards identified in Table 7-107, then the Applicant will need to have a professional engineer evaluate the roadway and make a determination as to whether it is adequate despite not meeting one or more specific standards. Please see the attached Roadway Waiver form for further information. 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 is bi-sected by Cattle Creek. The applicant should supply information detailing that the property is out of the flood plain and meets Garfield County 35' Waterbody Setback requirements. The property has been identified as being within a Very High and 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. Garfield County Hazard Mapping shows that the area has a high water table. This normally requires an engineered septic system. The applicant should address this issue in the application. 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. The applicant should supply information demonstrating how the parcel was legally created. 2 II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS • Garfield County Comprehensive Plan 2030 (Designated Residential Low — 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; • 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 • Vicinity Map • 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://gis.garfield-county.com/LandExpiorer/index.html and use Buffer Tool to 200' from subject parcel). • Improvements Agreement / Development Agreement (may be waived upon request) • Site Plan • Grading and Drainage Plan 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) • The applicant should provide information detailing how the proposed ADU will be located outside of the floodplain • 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 3 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. • Provide information on the legal creation of the parcel. 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: b. Public Hearing: Staff for completeness recommendation and referral agencies for additional technical review 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, City of Glenwood Springs, and Division of Water Resources. 11111111 rt Submiva 3 Hard Copies 1 Digital PDF Copy (on CU 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 sumrnary 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 Traffic 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) 4 General Application Processing Planner reviews case for completeness and sends to 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. 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: (,,L, AUA,_. March 6, 2018 Patrick Waller - Planner Date 5 Project: Overbeck/Cowan ADU project application General Project Description Our plan is to demolish a currently standing barn and build an ADU on my mother's property (Rita Overbeck). This ADU will be approximately 3 bed 2.5 bath 2400 sq ft home. We will use the existing driveway for access and plan to obtain water rights and a well permit to serve the ADU. G. Impact Analysis (Section 4 -203G) Where the proposed development will impact specific features of the site, the Applicant shall describe both the existing conditions and the potential changes created by the project. The Impact Analysis shall include a complete description of how the Applicant will ensure that impacts will be mitigated and standards will be satisfied. The following information shall be included in the Impact Analysis: 1. Adjacent Land Use. Existing use of adjacent property and neighboring properties within 1,500 - foot radius. Neighboring properties are similar land plots of approximately 10 acres. Across County Road 1 1 3 is uninhabited. 2. Site Features. A description of site features such as streams, areas subject to flooding, lakes, high ground water areas, topography, vegetative cover, climatology, and other features that may aid in the evaluation of the proposed development. The site is located in a valley on Cattle Creek. Surroundings are pastures and fields, and established trees and shrubs. The proposed building site is on higher ground, a small hill. 3. Soil Characteristics. A description of soil characteristics of the site that have a significant influence on the proposed use of the land. Soil report attached. 4. Geology and Hazard. A description of the geologic characteristics of the area including any potential natural or manmade hazards, and a determination of what effect such factors would have on the proposed use of the land. No known hazards. 5. Groundwater and Aquifer Recharge Areas. Evaluation of the relationship of the subject parcel to Floodplains, the nature of soils and subsoils and their ability to adequately support waste disposal, the Slope of the land, the effect of sewage effluents, and the pollution of surface Runoff, stream flow, and groundwater. Included in Improvement Survery, attached. 6. Environmental Impacts. Determination of the existing environmental conditions on the parcel to be developed and the effects of development on those conditions, including: a. Determination of the long-term and short-term effect on flora and fauna; b. Determination of the effect on designated environmental resources, including critical wildlife habitat; c. Impacts on wildlife and domestic animals through creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns, or other disruptions; and d. Evaluation of any potential radiation hazard that may have been identified by the State or County Health Departments. a. No flora and fauna will be disrupted on building site, currently a lean-to style barn sits on proposed building location. b. No known effects on environmental resources or wildlife habitats c. No wildlife will be disturbed. There is no existing native vegetation, no migrations will be disrupted. d. No recorded radiation hazard on site or in proximity of site. 7. Nuisance. Impacts on adjacent land from generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. Estimated noise, dust and/or glare during the building process, will be kept to a minimum as much as possible. 8. Hours of Operation. The Applicant shall submit information on the hours operation of the proposed use. Estimated bulk of hours of operation will be kept within reason and consideration of adjacent properties. Improvements Agreement Based on the scale of our project we request a waiver Legal and Physical Water Postpone: Condition of Approval (attached copy of allotment contract from Basalt Water Conservancy District) OWTS Upon approval an engineered septic system will be created to accommodate both the existing house as well as the ADU, a total of 7 bedrooms. Article VII Standards Division 1 101: Rural (R). The Rural Zone District is comprised of the County's rural residential areas, agricultural resource lands, agricultural production areas, and natural resource areas. Uses, densities, and standards established for this zone district are intended to protect the existing character of the area from uncontrolled and unmitigated residential, commercial, and industrial use. The zone district provides for the use of natural resources, recreational development, rural residential, and other uses. 102: No change to land use will be made. 103: Compatible with adjacent properties and use. Neighbors have similar properties and layouts 104: Adequate water supply: Have been going through water court and rights acquisition with attorney Scott Grosscup of Balcomb & Green. Have paid annual allotment fees to Basalt Water Conservancy District. 105: Upon final receipt of water rights, and well permit will be obtained to serve the ADU with water from an individual well. Due to the scale and location of the project we plan to construct an engineered on -lot septic system. 106: Public Utilities serve adjacent lots. Holy Cross Energy will likely serve this project as it's the company used for the original house on the plot. Upon project approval we will be working with an engineering firm for a utility site plan. 107: There is currently an adequate and functioning driveway for not only proposed site, but original house on plot and two adjacent neighbors. Garfield County Road and Bridge has provided a statement of adequacy. 108: Building site is not subject to listed natural hazards. Engineer report locates building site out of a floodplain. 109: Two fire stations are located within a five -mile radius of the property. Division 2 201: No agricultural operations or systems will be interrupted by this project, including the ownership of domestic animals. Established fences and any new fences will be maintained. Existing and constructed roadways will be maintained in accordance to Colorado statutes. Proposed build will not interfere with ditch rights-of-way. 202: This project should not interfere or impact wildlife habitat areas. 203: Build site should not encroach on water body setback requirements. 204: The final project will meet standards for drainage and erosion. 205: The final project will meet standards for environmental quality. 206: Area will be maintained for proper wildfire mitigation, and proper materials will be acquired for fire safety. 207: Per engineering report the final project will be designed and built in such a way that it will not succumb to any of the natural or geologic hazards laid out in 7-207 A -I 208: At completion of project all areas disturbed during development will be restored as natural -appearing Iandforms that blend in with adjacent undisturbed topography. Division 3 301: The completed project will be compatible with character of existing adjacent uses laid out in A -D 302: The completed projects off-street parking will meet or exceed all standards laid out in 7-302 A -O. 303: The completed projects landscaping will comply with required standards for our zoning laid out in A -J 304: No external lighting of completed project will violate standards A-E 305: Exempt 306: Not applicable Division 7 701: The completed project will comply with requirements A -F Overbeck/Cowan ADU Application 10/18 Response to NTC Letter • Provide and updated deed naming Rita Overbeck as the owner: Title Commitment Attached • Please provide a list of surrounding property owners and their associated mailing addresses Attached • Please provide a statement regarding how county records in the Clerk and Recorder's offices were searched to determine mineral ownership on the property and the date it was conducted: Following our pre -conference summary with Patrick Waller on March 7, 2018 Jason and I proceeded across the street to the county Clerk and Recorder's office to search for property deeds and mineral rights. We worked with Beverley Eberle to acquire copies of previous deeds and we were able to find that the mineral rights had not been severed from the property, and that my mom, Rita Overbeck is the owner of the minerals associated with the property. • Please provide a waiver request for a development agreement. We request a waiver for a development agreement. • Please provide a well permit application that has been submitted to the Division of Water Resources allowing for this additional single-family use. We are requesting that the well permit, water quality test and pump test be conditions of approval. • Both FEMA and Garfield County mapping show the ADU site as being within the floodplain. Please address this issue more extensively in the application with verification of and more information on floodplain issues from a qualified professional. Mapping reattached with letter of explanation. Please provide the following information on roadways and access: • Representation of the average number of daily trips and types of vehicle(s) that will be accessing the ADU. We have two vehicles and both have full-time jobs, so the approximate number of daily trips would be 4-7. Jason drives a Jeep Wrangler and I have a Toyota 4Runner (both 4WD) • Representation that the access driveway for the ADU meets the standards in Table 7-107 for a Primitive Driveway Statement of adequacy from Garfield County Road and Bridge department for existing driveway reattached. Full access will meet standards on Table 7-107 such as: Design Capacity: 0-20 ROW Width: Will be 15' Lane Width: Will be 12' Shoulder: there is no current shoulder, and none to be proposed. Surface: Will meet or exceed requirement of Native Material • Clarification of how the ADU will be accessed from the existing driveway (the site plan does not show it extended to the site) as well as where cars will park Updated Site Plan Attached Recorded at o'clock_e:=M., SEP 16 1982 Reception No __ 1 HOOK 608 PAGE37? THIS DEED, Made this ' 2 3rd 19 82 , between 'Rita K. Fehr of the` Colorado, of the first part, and Rita B.. Overbeck whose legal address is 3268 113 day of August County, of ' Garf i e1 tate of of the Colorado, of the second part: Road, Carbondale County of Garfi &Stateof ecorder's Stamp State Doc. Fee $ WITNESSETH, That the said part of the first part, for and in consi Ten dollars and other good and valuable consider deration of the sum of ation DOLLARS econd part, the receipt old, conveyed and quit uit claim unto the said n cornmon,but in joint of the first part nd situate, lying and to the said party. of the first part in hand paid by the said parties of the s whereof is hereby confessed and acknowledged, hE;, s remised, released, s claimed, and by these presents do remise, release, sell, convey and q parties of the second part, their heirs and assigns forever, not in tenancy i tenancy, all the right, title, interest and demand which the said party ha s in and to the fallowing described lot or parcel of h being in the County of Garfield and State of Colorado, to wit: See Addendum "A" attached hereto and by re-feren incorporated herein. also known as street and number 3268 1 13 Road Carbondale, ce expressly, Colorado TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatsoever of the said part of the first part, either in law or equity, ' unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy. IN WITNESS WHEREOF, The said part of the first part ha hand and seal the day and year first above written. Signed, Sealed and Delivered in the presence of STATE OF COLORADO, County of GARFIELD Thi etfaxegoing instrument was acknowledged before me this • `MySeo°r�'I�`si o �;expir e s WITNE.b'riaSPhand and official seal. reunto set ,r My Commission expires April 21, 1984 16 th [SEAL] [SEAL] [SEAL] ete),67 A(4 ox 224 Glenwood Spgs, Co. day of September . , , 602 Notary Public. No. 962.'• QUIT CLAIM DEED.—To Joint Tenants.—Bradford Publishing Co., 1846 Stout Street, Denver, Colorado (573-5011)-7-78 BOOK 608 ?AfE 37 ADDENDUM "A" Legal Description: A parcel of land situated in ;Lots 10, 14 and 15 Section 10, Township 7 South, Range 88'West of the 6th Principal Meridian, commencing at the.South 1/16 corner of Section 10, the true point of .beginning, thence North, 83°16'44" W. 206.65 feet, thence North 01036' _West- 220.43 feet, thence North 87°69'46" East 211.9 feet, thence South 00005'12'! West 251.94 feet, to the true point of beginning. ! ..3_��.a.�:�-.w�-- `q COUNTY' :.OF GARFIET1P STATE OF COLORADO irg Land Title GUARANTEE COMPANY www ITGC.COm RITA OVERBECK RITA OVERBECK 3268 COUNT ROAD 113 Carbondale, CO 81623 INVOICE Land Title Guarantee Company 5975 Greenwood Plaza Blvd Suite 125 Greenwood Village, CO 80111 970-945-2610 Invoice Number: GWS -5077 Order Number: GWS -5077 Your Reference Number: Our Order Number: Our Customer Number: Invoice Requested by: Invoice (Process) Date: Transaction Invoiced By: Email Address: Reference TBD Commitment - 63012914 GWS -5077 76093.1 RITA OVERBECK June 25, 2018 Web Services invoicing@ltgc.com Date: June 25, 2018 Invoice Charges Service: Ref: Addr: Party: TBD Commitment 63012914 3268 COUNTY ROAD 113 RITA K. OVERBECK Total Amount Invoiced: Less Payment(s): Balance Due: $216.00 $216.00 $0.00 $216.00 Due and Payable upon receipt Please make check payable to Land Title Guarantee Company and send to the address at the top of Page 1. Please reference Invoice Number GWS -5077 on your Payment Page 1 invoice.odt 14420 07/2015 07/30/13 11:06:43 AM Pr" Land TtleT CANA AHTEE iAMPAAY ,5iemr f51.15p: Land Title Guarantee Company Customer Distribution PREVENT FRAUD - Please remember to call a member of our closing team when • initiating a wire transfer or providing wiring instructions. Order Number: GW63012914 Date: 06/25/2018 Property Address: 3268 COUNTY ROAD 113, CARBONDALE, CO 81623 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance For Title Assistance Garfield County Title Team 901 GRAND AVENUE #202 GLENWOOD SPRINGS, CO 81601 (970) 945-2610 (Work) (970) 945-4784 (Work Fax) glenwoodresponse@ltgc.com Seller/Owner RITA K OVERBECK Delivered via: Electronic Mail Irv! Land Title CL:ARM.TF.F c Mr th ![Y 19.0 - Land Title Guarantee Company Estimate of Title Fees Order Number: GW63012914 Date: 06/25/2018 Property Address: 3268 COUNTY ROAD 113, CARBONDALE, CO 81623 Parties: A BUYER TO BE DETERMINED RITA K. OVERBECK Visit Land Title's Website at www.Itgc.com for directions to any of our offices. Estimate of Title insurance Fees "TBD" Commitment $216.00 Total $216.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property. Chain of Title Documents: Garfield county recorded 09/16/1982 under reception no. 332590 at book 608 page 373 Garfield county recorded 05/17/1982 under reception no. 327771 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:GW63012914 Property Address: 3268 COUNTY ROAD 113, CARBONDALE, CO 81623 1. Effective Date: 05/23/2018 at 5:00 P.M 2. Policy to be Issued and Proposed Insured: "TBD" Commitment Proposed Insured: A BUYER TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: RITA K. OVERBECK 5. The Land referred to in this Commitment is described as follows: $0.00 A PARCEL OF LAND SITUATED IN LOTS 10, 14 AND 15 OF SECTION 10, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, LYING SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY LINE OF A COUNTY ROAD AS CONSTRUCTED AND IN PLACE AND NORTHERLY OF THE SOUTHERLY LINE OF SAID SECTION 10, SAID PARCEL OF LAND IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID SECTION 10, WHENCE THE SOUTH QUARTER CORNER OF SAID SECTION 10 BEARS S 83°10'43" E 31.42 FEET; THENCEN 10°16'00"W893.45FEET; THENCE N 01°36'00" W 491.63 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 14; THENCE S 83°42'20" E ALONG THE NORTHERLY LINE OF SAID LOT 14, 206.65 FEET TO THE NORTHEAST CORNER OF SAID LOT 14 BEING THE SAME AS THE SOUTHWEST CORNER OF SAID LOT 10; THENCE N 00°03'09" E ALONG THE WESTERLY LINE OF SAID LOT 10, 212.00 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF SAID ROAD, THENCE N 83°52'41" E 78.71 FEET ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID ROAD; THENCE S 05°05'30" W 425.95 FEET; THENCE S 13°10'00" E 1205.82 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 10; THENCE N 85°14'45" W ALONG THE SOUTHERLY LINE OF SAID SECTION 10, 317.65 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 10; THENCE N 83°10'43" W 31.42 FEET ALONG THE SOUTHERLY LINE OF SAID SECTION 10, TO THE POINT OF BEGINNING. AND A PARCEL OF LAND SITUATE IN LOTS 10, 14 AND 15 OF SECTION 10, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, COMMENCING AT THE SOUTH 1/16 CORNER OF SECTION 10, THE TRUE POINT OF BEGINNING, THENCE NORTH 83°16'44" W 206.65 FEET, THENCE NORTH 01°36' WEST 220.43 FEET, THENCE NORTH 87°69'46" EAST 211.9 FEET, THENCE SOUTH 00°05'12" WEST 251.94 FEET, TO THE TRUE POINT OF BEGINNING. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A COUNTY OF GARFIELD STATE OF COLORADO Copyright 2006-2018 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Order Number:GW63012914 AMERICAN LAND TITLE ASSOC ATION ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: GW63012914 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. 1. PROVIDE LAND TITLE GUARANTEE COMPANY WITH A CURRENT IMPROVEMENT LOCATION CERTIFICATE OF SUBJECT PROPERTY. THIS REQUIREMENT IS NECESSARY TO DELETE STANDARD EXCEPTIONS 1 THROUGH 3. UPON REVIEW, ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS MAY BE NECESSARY. NOTE: ANY MATTERS DISCLOSED BY SAID IMPROVEMENT LOCATION CERTIFICATE WILL BE REFLECTED ON SAID POLICY(S) TO BE ISSUED HEREUNDER. NOTE: LAND TITLE IS NOT RESPONSIBLE FOR ORDERING SAID IMPROVEMENT LOCATION CERTIFICATE. 2. RELEASE OF DEED OF TRUST DATED AUGUST 14, 2012 FROM RITA K. OVERBECK TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF CENTENNIAL LENDING, LLC TO SECURE THE SUM OF $125,000.00 RECORDED AUGUST 20, 2012, UNDER RECEPTION NO. 822945. 3. WARRANTY DEED FROM RITA K. OVERBECK TO A BUYER TO BE DETERMINED CONVEYING SUBJECT PROPERTY. NOTE: ALL PARTIES WILL BE REQUIRED TO SIGN A FINAL AFFIDAVIT AND AGREEMENT AT CLOSING. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: GW63012914 This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 17, 1923, IN BOOK 112 AT PAGE 561 INCLUDING A} THERE IS RESERVED FROM THE LANDS HEREBY GRANTED A RIGHT OF WAY THEREON FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES. 9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 17, 1923, IN BOOK 112 AT PAGE 561. 10. RESERVING AN UNDIVIDED 3 1/8 PERCENT PRODUCTION ROYALTY FROM ALL MINERALS (INCLUDING OIL AND GAS) FREE OF COSTS OF PRODUCTION AS RESERVED IN WARRANTY DEED RECORDED JANUARY 29, 1965 IN BOOK 363 AT PAGE 394. 11. DECLARATION OF RESTRICTIONS ATTACHED TO WARRANTY DEED DATED MAY 30, 1972 AND RECORDED MAY 31, 1971 IN BOOK 431 AT PAGE 316. 12. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RIGHT OF WAY RECORDED JULY 01, 1974 IN BOOK 461 AT PAGE 285. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: GW63012914 13. JASON JAMES JOWELL AND ESTER JANE JOWELL EXPERSLY RESERVE, FOR THEMSELVES, AND FOR THEIR ASSIGNS, A RIGHT OF WAY ACROSS ANY PORTION OF THE ABOVE DESCRIBED PARCEL OF LAND WHICH IS INCLUDED WITH THE RIGHT OF WAY OF THE PRIVATE ROAD AS SHOWN IN DOCUMENT RECORDED AUGUST 13, 1974 IN BOOK 463 AT PAGE 238 AND IN BOOK 463 AT PAGE 240. 14. A NON-EXCLUSIVE 40 FOOT RIGHT OF WAY COMMENCING FROM THE WESTERLY BOUNDARY OF A TRACT DESCRIBED IN DOCUMENT RECORDED DECEMBER 16, 1981 IN BOOK 588 AT PAGE 539, THE CENTERLINE OF WHICH IS 111 FEET FROM THE SOUTHERLY EDGE OF COUNTY ROAD 113 AS CONSTRUCTED AND IN PLACE AND BEING 20 FEET IN WIDTH EITHER DIRECTION OF THIS CENTERPOINT. SAID RIGHT OF WAY CONTINUES IN A STRAIGHT LINE IN AN EASTERLY DIRECTION TO THE EASTERLY BOUNDARY OF A TRACT DESCRIBED IN DOCUMENT RECORDED AUGUST 13, 1974 IN BOOK 463 AT PAGES 238 UNDER EXHIBIT "A" AND REFERRED TO AGAIN IN BOOK 576 AT PAGE 334, AT WHICH POINT THE CENTERLINE IS 145 FEET FROM THE SOUTHERLY EDGE OF COUNTY ROAD 113 AS CONSTRUCTED AND IN PLACE AND EXTENDING 20 FEET FROM THE CENTERLINE IN EITHER DIRECTION. THIS RIGHT OF WAY THEN MEETS WITH A RIGHT OF WAY RECORDED AND DEEDED IN BOOK 463 AT PAGE 240 AND IN DOCUMENT RECORDED MARCH 24, 1987 IN BOOK 595 AT PAGE 396. 15. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF WATER ALLOTMENT CONTRACT RECORDED APRIL 03, 2018 AT RECEPTION NO. 905071. 16. RIGHT OF WAY AND EASEMENT FOR THE CATTLE CREEK COUNTY ROAD. 17. ANY QUESTION, DISPUTE OR ADVERSE CLAIMS AS TO ANY LOSS OR GAIN OF LAND AS A RESULT OF ANY CHANGE IN THE RIVER BED LOCATION BY NATURAL OR OTHER THAN NATURAL CAUSES, OR ALTERATION THROUGH ANY CAUSE, NATURAL OR UNNATURAL, OF THE CENTER THREAD, BANK, CHANNEL OR FLOW OF WATERS IN THE CATTLE CREEK LYING WITHIN SUBJECT LAND; AND ANY QUESTION AS TO THE LOCATION OF SUCH CENTER THREAD, BED, BANK OR CHANNEL AS A LEGAL DESCRIPTION MONUMENT OR MARKER FOR PURPOSES OF DESCRIBING OR LOCATING SUBJECT LANDS. IF" Land Title C[:ARM.rF.f iRM1MHY -Si Mf 7 fi]- LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: (A) The Subject real property may be located in a special taxing district. (B) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: (A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (B) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (C) The Company must receive an appropriate affidavit indemnifying the Company against un -filed mechanic's and material -men's liens. (D) The Company must receive payment of the appropriate premium. (E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. (A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. Land Title C[:ARM.rF.f iRMIr v -Si Mf 7 fi]- JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: • applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; • your transactions with, or from the services being performed by us, our affiliates, or others; • a consumer reporting agency, if such information is provided to us in connection with your transaction; and • The public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non -affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: • We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. • We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. • Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. • We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. * * * Commitment For Title Insurance * % Issued by Old Republic National Title Insurance Corporation * NOTICE * it IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE * POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON.. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS (a)"Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b)"Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c)"Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g)"Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h)"Title": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Comitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: (a)the Notice; (b)the Commitment to Issue Policy; (c)the Commitment Conditions; (d)Schedule A; (e)Schedule B, Part I—Requirements; and (f) Schedule B, Part II—Exceptions; and (g)a counter -signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a)The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: i. comply with the Schedule B, Part I—Requirements; ii. eliminate, with the Company's written consent, any Schedule B, Part II—Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. (b)The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c)The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d)The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e)The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (g)In any event, the Company's liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a)Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b)Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c)Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d)The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e)Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 8. PRO -FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company may provide. A pro -forma policy neither reflects the status of Title at the time that the pro -forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Old Republic National Title Insurance Company, a Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 (612)371-1111 President Mark Bilbrey, President Rande Yeager, Secretary This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Land Title Insurance Corporation. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 239310300048 3266 113 COUNTY RD CARBONDALE 239310300049 3268 113 COUNTY RD CARBONDALE 239310400006 3313 113 COUNTY RD CARBONDALE 239310400007 239310400010 239311200951 239315100084 3302 113 COUNTY RD CARBONDALE 3270 113 COUNTY RD CARBONDALE Not available CARBONDALE 2343 112 COUNTY RD CARBONDALE 239316300954 Not available CARBONDALE POLLACK, NEAL H & JEAN DUPRE OVERBECK, RITA K WHIPPLE, GEORGE STEPHENSON & LYDIA B DIXON, GEORGE F III & KIMBERLY R MCLAREN, KEITH A & AMY J BUREAU OF LAND MANAGEMENT UNITED STATES OF AMERICA R011309 R011268 R050100 R050060 R050042 R050265 R083983 BUREAU OF LAND R043957 MANAGEMENT 3266 COUNTY ROAD 113 CARBONDALE, CO 81623 3268 COUNTY ROAD 113 CARBONDALE, CO 81623-9653 400 E HYMAN AVE SUITE A202 ASPEN, CO 81611 3302 COUNTY ROAD 113 CARBONDALE, CO 81623-9653 PO BOX 759 CARBONDALE, CO 81623 2300 RIVER FRONTAGE ROAD SILT, CO 81652 1800 MASSACHUSETTS AVE NW SUITE 500 WASHINGTON, DC 20036 2300 RIVER FRONTAGE ROAD SILT, CO 81652 October 18, 2018, RE: Overbeck ADU application Undivided 3 1/8 percent royalties for all mineral (including oil and gas). According to Reception # 228552, Book 363, Page 394 for Garfield County, these royalties were retained by Thomas H. and Beryl V. Heuschkel; dated January 29, 1965 After researching documents at the Clerk and Recorder, there are no further records of any kind past the above mentioned date for Thomas H. and Beryl Heuschkel that would indicate who now owns these royalties. Please see attached document searches Return to Search Results You searched for: RecDatel❑ >= Wed Feb 21 00:00:00 MST 1883 and <= Fri Oct 12 00:00:00 MDT 2018 and exact search in GrantorlD for HEUSCHKEL, THOMAS H 35 items found, displaying all items.1 Description Summary Must Deed 172494 Rec Date: 06/19/1950 12:00:00 AM BookPage: Related: Grantor: HEUSCHKEL THOMAS H Grantee: FIRST NATIONAL BANK OF GLENWOOD SPRINGS Notes: Legal: Release Of Lien (6) Rec Date: 05/17/1955 12:00:00 AM BookPage: Related: 189742 Grantor: MCDONALD BERENICE, Grantee: HEUSCHKEL AUSTIN F, HEUSCHKEL THOMAS H HEUSCHKEL DORIS B Notes: Legal: !Fust Deed Rec Date: 04/30/1954 12:00:00 AM BookPage: Related: 185692 Grantor: HEUSCHKEL THOMAS H Grantee: FIRST NATIONAL BANK OF GLENWOOD SPRINGS Notes: Legal: Document 141872 Rec Date: 12/17/1940 12:00:00 AM BookPage: Related: Grantor: HEUSCHKEL THOMAS H Grantee: FIRST NATIONAL BANK Notes: Legal: !Fust Deed 43596 Rec Date: 01/23/1912 12:00:00 AM BookPage: Related: Grantor: HEUSCHKEL F L, HEUSCHKEL W O, Grantee: RI TTMAYER JOHN P HEUSCHKEL JOHN L, ... Notes: Legal: Must Deed 43595 Quit Claim Deed 49081 !Fust Deed 36970 Document 121349 Rec Date: 01/23/1912 12:00:00 AM BookPage: Related: Grantor: HEUSCHKEL FRANK L, HEUSCHKEL Grantee: SMITH W L WILUAM 0, HEUSCHKEL JOHN L, ... Notes: Legal: Rec Date: 03/06/1914 12:00:00 AM BookPage: Related: Grantor: HEUSCHKEL FRANK L, HEUSCHKEL Grantee: HEUSCHKEL JOHN L WILUAM 0, HEUSCHKEL THOMAS H Notes: Legal: Rec Date: 04/24/1909 12:00:00 AM BookPage: Related: Grantor: HEUSCHBEL FRANK L, HEUSCHBEL Grantee: CHAPMAN WILLIAM WILUAM 0, HEUSCHKEL JOHN L, ... Notes: Legal: Rec Date: 07/26/1935 12:00:00 AM BookPage: Related: Grantor: HEUSCHKEL THOMAS H Grantee: FIRST NATIONAL BANK OF GLENWOOD SPRINGS Notes: Legal: Return to Search Results You searched for: RecDatelD >= Wed Feb 21 00:00:00 MST 1883 and <= Fri Oct 12 00:00:00 MDT 2018 and exact search in GrantorlD for HEUSCHKEL, THOMAS H 35 items found, displaying all items.1 Description Summary !Fust Deed 172494 Rec Date: 06/19/1950 12:00:00 AM BookPage: Related: Grantor: HEUSCHKEL THOMAS H Grantee: FIRST NATIONAL BANK OF GLENWOOD SPRINGS Notes: Legal: Release Of Lien (6} 189742 Rec Date: 05/17/1955 12:00:00 AM BookPage: Related: Grantor: MCDONALD BERENICE, Grantee: HEUSCHKEL AUSTIN F, HEUSCHKEL THOMAS H HEUSCHKEL DORIS B Notes: Legal: !Fust Deed Rec Date: 04/30/1954 12:00:00 AM BookPage: Related: 185692 Grantor: HEUSCHKEL THOMAS H Grantee: FIRST NATIONAL BANK OF GLENWOOD SPRINGS Notes: Legal: Document 141872 T-ust Deed 43596 !Fust Deed 43595 Quit Claim Deed 49081 T-ust Deed 36970 Document 121349 Rec Date: 12/17/1940 12:00:00 AM BookPage: Related: Grantor: HEUSCHKEL THOMAS H Grantee: FIRST NATIONAL BANK Notes: Legal: Rec Date: 01/23/1912 12:00:00 AM BookPage: Related: Grantor: HEUSCHKEL F L, HEUSCHKEL W O, Grantee: RITTMAYER JOHN P HEUSCHKEL JOHN L, ... Notes: Legal: Rec Date: 01/23/1912 12:00:00 AM BookPage: Related: Grantor: HEUSCHKEL FRANK L, HEUSCHKEL Grantee: SMITH W L WILLIAM 0, HEUSCHKEL JOHN L, ... Notes: Legal: Rec Date: 03/06/1914 12:00:00 AM BookPage: Related: Grantor: HEUSCHKEL FRANK L, HEUSCHKEL Grantee: HEUSCHKEL JOHN L WILUAM 0, HEUSCHKEL THOMAS H Notes: Legal: Rec Date: 04/24/1909 12:00:00 AM BookPage: Related: Grantor: HEUSCHBEL FRANK L, HEUSCHBEL Grantee: CHAPMAN WILLIAM WILUAM 0, HEUSCHKEL JOHN L, ... Notes: Legal: Rec Date: 07/26/1935 12:00:00 AM BookPage: Related: Grantor: HEUSCHKEL THOMAS H Grantee: FIRST NATIONAL BANK OF GLENWOOD SPRINGS Notes: Legal: Return to Search Results You searched for: RecDatelD >= Wed Feb 21 00:00:00 MST 1883 and <= Fri Oct 12 00:00:00 MDT 2018 and exact search in GrantorlD for HEUSCHKEL, THOMAS H 35 items found, displaying all items.1 Description Summary !Fust Deed 172494 Rec Date: 06/19/1950 12:00:00 AM BookPage: Related: Grantor: HEUSCHKEL THOMAS H Grantee: FIRST NATIONAL BANK OF GLENWOOD SPRINGS Notes: Legal: Release Of Lien (6} 189742 Rec Date: 05/17/1955 12:00:00 AM BookPage: Related: Grantor: MCDONALD BERENICE, Grantee: HEUSCHKEL AUSTIN F, HEUSCHKEL THOMAS H HEUSCHKEL DORIS B Notes: Legal: !Fust Deed Rec Date: 04/30/1954 12:00:00 AM BookPage: Related: 185692 Grantor: HEUSCHKEL THOMAS H Grantee: FIRST NATIONAL BANK OF GLENWOOD SPRINGS Notes: Legal: Document 141872 T-ust Deed 43596 !Fust Deed 43595 Quit Claim Deed 49081 T-ust Deed 36970 Document 121349 Rec Date: 12/17/1940 12:00:00 AM BookPage: Related: Grantor: HEUSCHKEL THOMAS H Grantee: FIRST NATIONAL BANK Notes: Legal: Rec Date: 01/23/1912 12:00:00 AM BookPage: Related: Grantor: HEUSCHKEL F L, HEUSCHKEL W O, Grantee: RITTMAYER JOHN P HEUSCHKEL JOHN L, ... Notes: Legal: Rec Date: 01/23/1912 12:00:00 AM BookPage: Related: Grantor: HEUSCHKEL FRANK L, HEUSCHKEL Grantee: SMITH W L WILLIAM 0, HEUSCHKEL JOHN L, ... Notes: Legal: Rec Date: 03/06/1914 12:00:00 AM BookPage: Related: Grantor: HEUSCHKEL FRANK L, HEUSCHKEL Grantee: HEUSCHKEL JOHN L WILUAM 0, HEUSCHKEL THOMAS H Notes: Legal: Rec Date: 04/24/1909 12:00:00 AM BookPage: Related: Grantor: HEUSCHBEL FRANK L, HEUSCHBEL Grantee: CHAPMAN WILLIAM WILUAM 0, HEUSCHKEL JOHN L, ... Notes: Legal: Rec Date: 07/26/1935 12:00:00 AM BookPage: Related: Grantor: HEUSCHKEL THOMAS H Grantee: FIRST NATIONAL BANK OF GLENWOOD SPRINGS Notes: Legal: Return to Search Results You searched for: RecDatelD >= Wed Feb 21 00:00:00 MST 1883 and <= Fri Oct 12 00:00:00 MDT 2018 and exact search in GrantorlD for HEUSCHKEL, THOMAS H 35 items found, displaying all items.1 Description Summary !Fust Deed 172494 Rec Date: 06/19/1950 12:00:00 AM BookPage: Related: Grantor: HEUSCHKEL THOMAS H Grantee: FIRST NATIONAL BANK OF GLENWOOD SPRINGS Notes: Legal: Release Of Lien (6} 189742 Rec Date: 05/17/1955 12:00:00 AM BookPage: Related: Grantor: MCDONALD BERENICE, Grantee: HEUSCHKEL AUSTIN F, HEUSCHKEL THOMAS H HEUSCHKEL DORIS B Notes: Legal: !Fust Deed Rec Date: 04/30/1954 12:00:00 AM BookPage: Related: 185692 Grantor: HEUSCHKEL THOMAS H Grantee: FIRST NATIONAL BANK OF GLENWOOD SPRINGS Notes: Legal: Document 141872 T-ust Deed 43596 !Fust Deed 43595 Quit Claim Deed 49081 T-ust Deed 36970 Document 121349 Rec Date: 12/17/1940 12:00:00 AM BookPage: Related: Grantor: HEUSCHKEL THOMAS H Grantee: FIRST NATIONAL BANK Notes: Legal: Rec Date: 01/23/1912 12:00:00 AM BookPage: Related: Grantor: HEUSCHKEL F L, HEUSCHKEL W O, Grantee: RITTMAYER JOHN P HEUSCHKEL JOHN L, ... Notes: Legal: Rec Date: 01/23/1912 12:00:00 AM BookPage: Related: Grantor: HEUSCHKEL FRANK L, HEUSCHKEL Grantee: SMITH W L WILLIAM 0, HEUSCHKEL JOHN L, ... Notes: Legal: Rec Date: 03/06/1914 12:00:00 AM BookPage: Related: Grantor: HEUSCHKEL FRANK L, HEUSCHKEL Grantee: HEUSCHKEL JOHN L WILUAM 0, HEUSCHKEL THOMAS H Notes: Legal: Rec Date: 04/24/1909 12:00:00 AM BookPage: Related: Grantor: HEUSCHBEL FRANK L, HEUSCHBEL Grantee: CHAPMAN WILLIAM WILUAM 0, HEUSCHKEL JOHN L, ... Notes: Legal: Rec Date: 07/26/1935 12:00:00 AM BookPage: Related: Grantor: HEUSCHKEL THOMAS H Grantee: FIRST NATIONAL BANK OF GLENWOOD SPRINGS Notes: Legal: Return to Search Results You searched for: RecDatelD >= Wed Feb 21 00:00:00 MST 1883 and <= Fri Oct 12 00:00:00 MDT 2018 and exact search in Grantorl D for Heuschkel, Beryl 2 items found, displaying all items.1 Description Summary Warranty Deed Rec Date: 01/291146512:00:00AM BookPage: Related: 22B552 Grantor: HEUSCHKEL THOMAS H, HEUSCHKEL Grantee: PETRE GEORGE J BERYL V Notes: Legal: Document Rec Date: 08/07/1934 12:00:00 AM BookPage: Related: 118207 Grantor: HEUSCHKEL THOMAS H, HEUSCHKEL Grantee: LAND BANK COMMISSIONER BERYL Notes: Legal: 2 items found, displaying all items.1 Retum to Search Results Z:\2017 Jobs \17606 Overbeck\Overbeck_Well.mxd Legend Overbeck Parcel SE114, SW1/4, Sec10, T7S,R8BW 0 500 1,000 1 inch = 1,000 feet 2,000 ;Pp. xi.. -.,/,••4‘-k. Feet • '� 44, • Permitted Location Permit # 113976 (Hornik, Edith L.) .J 11-14 Vicinity Map DATE: Aug 22, 2017 DRAWN BY: JAW CHKD BY: TAZ APPD BY: TAZ CLIENT: Overbeck ZANCANELLA AND ASSOCIATES, INC. ENGINEERING CONSULTANTS POST OFFFICE BOX 1908 - 1011 GRAND AVENUE GLE!1WOOB 3PRIN8, . COI.f]RA PO 81 IBO { 7'7[11 IO7.7An1 FIGURE: 1 PROJECT: 17606 min II"rnr1r. ���frl.etrie ITAI riiiram HI Reception#: 905071 04/03/2018 03:06;43 PM Jean Rlberico 1 of 2 Rec Fee:$18.00 Doc Fee:0.00 GRRFIELD COUNTY CO MEMORANDUM OF WATER ALLOTMENT CONTRACT STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) KNOW ALL MEN BY THESE PRESENTS: That, on the 13th day of March, 2018, Water Allotment Contract No. 709 was entered into between the Basalt Water .Conservancy District ("District") and Rita K. Overbeck ("Owner"), the owner of the real property described on Exhibit A ("Property") whereby the District granted the Owner the right to beneficially use water or water rights owned, leased, or hereafter acquired by the District on such real property located in the County of Garfield, State of Colorado ("Contract"). The Contract is subject to various conditions and obligations, including an annual fee to the District, and which may also include well permit requirements of the Colorado Division of Water Resources and Water Court approval of an augmentation plan or substitute supply plan. Assignment of the Contract to subsequent owners of the Property requires the District's consent and Applicant's payment of an assignment fee. Inquiries may be directed to: Basalt Water Conservancy District, c/o Christopher L. Geiger, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, Colorado 81602; Telephone: (970) 945-6546; Fax: (970) 945-8902. This Memorandum is subject to the terms and provisions of the Contract which are incorporated herein by this reference. Upon recording, this Memorandum shall constitute notice to bona fide purchasers of the Contract affecting the above-described property. Date: 3/2 6 / 2O/ STATE OF COLORADO ) ss. COUNTY OF GARFIELD aVF NE K. Overbeck ACKNOWLEDGEMENT The foregoing instrument was acknowledged before me thisa� by Rita K. Overbeck. WITNESS my hand and official seal. My commission expires: M04' , 2L2A ALICIAA ANN B O DHURST PUBLIC STATE OF COLORADO NOTARY ID #20174011517My Commission Expires March 15, 2021 1 day of_Lnf fi , 2018, 0-•\ C Notary Public After recording. please return 1c Basalt Water Conservancy District c/o Balcomb & Green, P.C. P.O. Drawer 790 Glenwood Springs, CO 81602 M!'dFlan Mf+11111 Reception#• 905071 04!0312618 63:06:43 PM Jean Rlberieo 2 nF 7 Rec Fae:$19.66 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A Legal Description A PARCEL OF LAND SITUATED IN LOTS 10, 14 AND 15, SECTION 10, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, COMMENCING AT THE SOUTH 1/16 CORNER OF SECTION 10, THE TRUE POINT OF BEGINNING, THENCE NORTH 83°16'44" W. 206.65 FEET, THENCE NORTH 01°36' WEST 220.43 FEET, THENCE NORTH 87°69'46" EAST 211.9 FEET, THENCE SOUTH 00°05'12" WEST 251.94 FEET, TO THE TRUE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO -2- Auer recording, please return to: Basalt Water Conservancy District c/o Balcomb & Green, P.C. P.O. Drawer 790 Glenwood Springs, CO 81602 CIVIL ENGINEERING September 20, 2018 Patrick Waller Garfield County Community Development 108 8th St, Suite 401 Glenwood Springs, CO 81601 Phone 970-945-8212, Fax 970-945-5558 Re: Overbeck ADU FEMA Map LAND SURVEYING High Country Engineering, Inc. (HCE) has prepared the attached Improvements Survey that shows the FEMA Mapped Floodplain from 2011. These lines reflect the FEMA mapping as well as the contour mapping with elevations associated with the elevations depicted on the floodplain mapping. Typically this mapping does not depict very accurate floodplain lines with the existing topography and are typically very "general" along the creek line. HCE has reflected the line of where HCE would draw the 100 year floodplain based on the elevations from the FEMA mapping. This line is the line with a dash dot pattern. It can be seen that the barn location where the ADU is planned is approximately 10'-15' above the dash dot line. Based on this information HCE maintains that a building site near the barn will be 10'-15' above the 100 year floodplain elevation. If you have any questions please give me a call Thank You, Roger Neal, P.E. Principal Q O • "ff nL I._• i rte' •d o r f._ _# . _ - -. t +• • / 4 7 ore 4 Cattle •�..• !i. • F Current barn & 1 proposed ADU Ir Creek • ve\ dC\ve' Pd'PaCko9 El Current Septic Tank V Rd ty I y} i // Current Well Shed � 1 15' 4\ 4 r. 461 rt . di fr I .- "11 ,./ FOUND REBAR AND RED SET YELLOW PLASTIC IMPROVEMENT SURVEY PLAT LEGEND CAP PLS 23875 FOUND REBAR AND RED N83°30'21 "E 78.71' PLASTIC CAP, LS 3317 PLASTIC CAP, ILL. SET YELLOW PLASTIC GENTERINE PAVEMENT A=52°25'49" (N83°52'41 "E 78.71') E t 242 - O R=50.00' 99' 9 , 1/4 OR 1 /16 COR. j CAP PLS 23875 N89°21 '36"E 107.09' YELLOW'--116-2---0 \ -� SET YELLOW DIST=45.75' N83°23' PLASTIC CH BRG=N41°5517"E A PARCEL OF LAND CAP PLS 23875 CHEST=44.17' �� �=17°56'01" 0 SECTION 1 SITUATED WITHIN LOT 1 O TOWNSHIP 7 SOUTH RANGE O LOT 14 AND A PORTION OF LOT 1 P.M.SET 88 WEST OF THE 6TH M 8 0 SET NO. 5 REBAR & CAP L.S. N0. 23875 ' 0 FOUND PROPERTY CORNER - AS DESCRIBED OM N88°27' 19"E 409.10' MANHOLE O PLS 2 875 (NO 11°36 00"W 220.4 201.28')SV/ EDGE OF PAVEMENT LOT 18 to Op - SES- DIST9131.32' QGZ CH BRG=S59°10'10"W COUNTY OF GAR F GG, k63 CH DIST=130.78' -,V- A=95°55'56" D=95°55'56" v.R=113.01' DIST=189.22' I E LD�, STATE OF COLORADO WELL UTILITY POLE/POWER POLE 0 LIGHT POLE SET YELLOW PLASTIC3875 _ CH BRG=S2°14'12"W CH DIST=167.88' D ELECTRICAL METER CAP PLS A• -. I:� S05°05'30"W 425.93' /_ (N05.10'42"W 428.62') BOUNDARY FOUND 3.5" BC, S9/10 1972 44,803 SF lir HOLY CROSS R.O.W. EASEMENT �/S1/16 1 AC PLSS LINES BASIS - - OF .02 ± (N83°' 2O W 2O6 PER BK 461 PG 285 , SOO°03'09"W 233.15 \____ 65 BEAR' 16_•..,,W 206.N: °r5'20', EASEMENT LINE (NOO 03'09"E 212.00')NGS W 25 627` _SET,S1/16 ADJOINER LINE S10/S11-\N 3°42,w _ -J NO.6 REBAR WITH ALLOY 2495.87, 7 00 \ I \ i CAP PLS 23875 SET YELLOWoe oe oe OVERHEAD ELECTRIC LINE PLASTIC FLOEpPLAIN/_ rBAs ' CAP PLS 23875 -FENCE ON0 suRVEyED ATIO I �� 9.0ELEV NS p tOc �o� LINE COUNTY ROAD i i 3 (COTTONWOODPASS RO 60' R.O.W. AD) Q=__ _- ____ R,„ I __ MAJOR CONTOUR 000O A<1/tiA .. -- �n = _ __ ____ - - = =________-__==_=6345_____-" CONTOUR L ------___ _ -MINOR �F� �____--- --------- - SET YELLOW -;;_-_ _ _-_____- --_-___-_----___ _ 6345 ___- _----- _________ _-- YELLOW PLASTIC ----------- __ _ ____ __ 6340-=== - _____ -' - __ ---SET YELLOW PLASTIC __::___ __-__ O __ _ '_••••••OO ROCK WALL -_ ___ CAP PLS 23875-�==:u-_ __-_: u� 0- _ _ _ _---______ _ N r ___ _ _ _SET __ _ALLeY O. 5 REBAR WITH =___:: CAP 20.00' WITNESS PLASTIC .----- ER PLS 23875 CAP _ __- __-__ 4. �9 =___. _ __ _--SET -----------------_--_ ----- -- _ _ - --- _-- FEMA FLOODPLAIN ( ASED ON SURVEY ELEVATION ) -_- - -- ----6340=== CAP PLS 23875 ---- _ -------__--__-___-__________-----__ - -- - __ :- _- 6335 _-_ B SCOR ---- _ --_ _ ------ -- ----- -- --------- - _PLS ,_ 633 =______ _- _ -_ -- __ -- - - -_ = - -- -- 23875 - _- - ---�W0 APN p- 6330--- 6330------- - -- ------- -- -- - OPERTY DESCRIPTION O -,___ --_ `�- - - _ 5 32 11 _ Jam.\•` .` ______.____________ __ _ ___ \ N ��' A PARCEL OF LAND SITUATED IN LOTS 10, 14 AND 15 OF SECTION 10, TOWNSHIP 7 SOUTH, RANGE 88 - WEST OF THE SIXTH PRINCIPAL MERIDIAN LYING SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY \ ., '' OF THE SOUTHERLY 6325 \� `\`,, LINE OF SAID SECTION 10, SAID PARCEL OF LAND IS DESCRIBED AS FOLLOWS _ ___ � ;r\�--'------------- -- - %-� --'"- --'� - _-- BEGINNINGLWHENCE THE SOUTH QUARTER CORNER OF SAID SECTION T• 12" - - BEARS S 83°10'43" E 31 42 FEE n GMP =- -10 '00" CAP �' THENCE 1 6 N 0°1 W 893 45 FEET; 0 _ __ o THENCE N 01°36'00" W 491 63 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 14 \ ` 6320____ --------- _ --- _______ __40`R.O.W. PG 396 \�/ THENCE S 83°42'20" E ALONG THE NORTHERLY LINE OF SAID LOT 14, 206.65 FEET TO THE NORTHEAST -- ----------------- -BK 595 428.62' W spy° p 42„ W 425.93` ) \SOJ°p5 30 300°04'57"W 1329.83' LOT 1 4 -------------- O - , 0• \ \ \\ v- � _ ----- - x _ - _--> ---------- o - __� _ _ _ 30 ��SOUTHERLY -" __� �-------- -- 6315-----------------------_.._ - _ , ,,, - ----------- --- -------------6,370__ !,_____- 3268 ATTLECREEK ROAD ., !' r ` f``. / Q 1 X I it -j < CORNER OF SAID LOT 14 BEING THE SAME AS THE SOUTHWEST CORNER OF SAID LOT 10• THENCE N 0°03'09" ALONG THE WESTERLY LINE OF SAID LOT 212.00 FEET TOA POINT ON THE 0 RIGHT OFWAYLINE OF SAIDEROAD THENCE N 83°52'41" E 78.71 FEET ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID ROAD; THENCE W 4 ; THENCE�, THENCE N 851 W ALONG THE SOUTHERLY LINE OF SAID SECTION 10, 317.65 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 10; THENCE N 83°10'43"W 31 42 FEET ALONG THE SOUTHERLY LINE OF SAID SECTION 10, TO THE POINT OF BEGINNING AND A PARCEL OF LAND SITUATE IN LOTS 10, 14 AND 15 OF SECTION 10, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN COMMENCING AT THE SOUTH 1/16 CORNER OF SECTION 10 THE TRUE POINT OF BEGINNING, THENCE NORTH 83°16'44" W 206.65 FEET, THENCE NORTH 01°36' mmco( SARAH OVERBECK �'�). HIGH COUNTRY ENGINEERING,INC. N GARF[ELD COUNTY,COLORADO 'A 0 oCOUNTY ROAD 1 1517 BLAKE AVENUE, STE 101, '� n 3268 O H G GLENWOOD SPRINGS, CO 81601 -_ rn z IMPROVEMENT SURVEY PLAT ,ti CSU PHONE (970) 945-8676 - FAX (970) 945-2555 iNEERo�' VYWW.HCENG.COM - -_ '. ----__ P.I.9310300 ---' 2 STORY WOOD SIDING n, -----. . L 2 049 \ - ; ;;-,;,_______ - CC 1 WEST 220.43 FEET, `� I O THENCE SOUTH 00°05'12" WEST 251.94THENCE NORTH 87°69'46" EAST 211.9 FEET, TO THE TRUE POINT OF BEGINNING. 21.5' 24.6 -- i �� �' X37 C•Cti�VCRETE • C� \ ,A �� V A NOTES SET YELLOW BARN \ i til \ 0• co PLASTIC ,a`' N \ CAP PLS 23875 ,, \ , - - zj \ ;,: . t b N \ 1`` Cn'cl ;` m m 24.5 22.3' _ _� ,___ _ _- ; ; U jj i ;;,; ,';;'; ,, : , =___ '__; _-_ �� :I 6 , / '' �A` > o j i•; ` `� o \ \ \ \ 1� 1. DATE OF FIELD SURVEY. JUNE 0 2018 6 2. THE BASIS OF BEARINGS FOR THIS SURVEY IS A GEODETIC BEARING BETWEEN FOUND BLM BRASS CAPPED MONUMENTS COMPRISING THE END POINTS OF THE SOUTH LINE OF LOTS 12 AND 17 OF TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, FOUND TO BEAR N 83°15'20' W BY GPS OBSERVATIONS. _- ----------,'', ; ;; ______-=-=_=r--==- '- 6300 ? < i •' z, O ° \ -' - - _-------_______-- ®` !- 28.g \ \ 3. THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY THIS SURVEYOR OF THE PROPERTY ° 1ST 0 O(TYPJ N \ _ -___ _____ --------------------____ • r ___ ROOF OVERHANG / - ,\ \ \ \ \ j N / : ' o`, `, ` O V' S ;' 1� N m d STONE \ PATH SHED J 12" \'' CULVERT , C LV W T \ SHOWNINE. AND DESCRIBED HEREON TO DETERMINE: A) OWNERSHIP OF THE TRACT OF LAND B) COMPATIBILITY OF THIS DESCRIPTION WITH THOSE OF ADJOINERS - C) RIGHT'S -OF WAY, EASEMENTS AND ENCUMBRANCES OF RECORD AFFECTING THIS PARCEL. \ 6295.., MULTILEVEL , , 0' DECKC ' - \ r- \ \ 4. FOR ALL INFORMATION REGARDING EASEMENT, RIGHTS-OF-WAY AND/OR TITLE OF RECORD, HIGH __>25-- o., 0 , � �. 12.8 -- __,-- ` ____ � ; i �t �//g N f, ,,\` ___ , COUNTRY ENGINEERING, INC. RELIED UPON TITLE COMMITMENT NO. GW63012914 ISSUED BY LAND TITLE GUARANTEE COMPAN EFFECTIVE DATE JUNE 2 2018 ` ` \ 5. ELEVATIONS SHOWN HEREON WERE DERIVED FROM GPS OBSERVATIONS ON 6-5-2018 AND ARE OO Y __ STONE,'; ��� -z--- --- PATH 25• �:0' _. ..... ____6290"`r_�__ 1 ! ,_-. `-. 0 ittn� x s� ``Or AR\ \ r ;'_;:' ". /�� , _ ___ . ___Y'\ \\'' '`,`:, 12 BASED ON NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88) WHICH DATA WAS OBTAINED ` CULVER FROM THE NATIONAL GEODETIC SURVEY NGS BENCHMARK KL0523, (6754.31 FT.) 6. CONTOUR INTERVAL EQUALS 1 FOOT. 6" PIPE 7. ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND SURVEY WOODEN FLO (, PATH __' OD r r ^` \ __-_ A O `, , , %' ;I I MONUMENT OR LAND BOUNDARY MONUMENT OR ACCESSORY COMMITS A CLASS TWO (2) MISDEMEANOR PURSUANT TO SECTION 18-4-508 OF THE COLORADO REVISED STATUTES. ' 8. THE CLIENT REQUESTED THAT NO ADDITIONAL EASEMENTS, RIGHT'S -OF -WAY OR IMPROVEMENTS BE RESEARCHED OR SHOWN ON THIS PLAT. �`.•.A \ %.' `` - 9. THE WORD "CERTIFY" AS SHOWN AND USED HEREON MEANS AN EXPRESSION OF PROFESSIONAL �?;',"% OPINION REGARDING THE FACTS OF THE SURVEY, AS BASED UPON THE EVIDENCE PRESENTED SURA ,\ : �^I ' ',',%;! i 7� HEREON, AND DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE, EXPRESSED OR IMPLIED. S84°44'30"E 2179.6' \Y�'D \ / f 10. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED ON ANY `A �O \ n O FOUND RED PLASTIC CAP ILL.; POINT OF BEGINNING WOODEN BRID E _ EVA i �1 - ,;,`,;;`;,,,;',,;,',`;I`;`��`_\\` , '•,\, DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO A EVENT, MAY ANY ACTION BASED ON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN gi _ 1 6 '--/_--________- - 3" BRASS CAPS 1 /4 S 10 15 FOUND YELLOW PLASTIC CAP 1996, 1972 31 944 \ O1 �i c /� N;, Y V { a' `' `'`'' `'' ` ,`; /� , CbYEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. 1:21(„ Y �J A 1 -= FOUND RED PLASTIC CAP \ --------- ILL. \ \\ ;\\` ;,; "• 11. NOTICE: THIS PLAT AND THE INFORMATION SHOWN HEREON MAY NOT BE USED FOR ANY . ADDITIONAL OR EXTENDED PURPOSE BEYOND THAT FOR WHICH IT WAS INTENDED AND MAY NOT BE i USED BY ANY PARTIES OTHER THAN THOSE TO WHICH IT IS CERTIFIED. THIS DOCUMENT AND THE N83° 1 2'8"W 2475.16' 0 :-;,•;•,,.;:;`•.;;`,,• x °, --,`•. •, `. , .' ' VA WORK IT REPRESENTS IS THE PROPERTY OF HIGH COUNTRY ENGINEERING, INC. NO PART OF THIS N82°54'38"W 31.34' (N83°1 0'43"W 31.34') N84°44'42"W 317.55' V 1 O 1 1 , •,,• �� ,.\, ,' ,.,.,, `:1,' DOCUMENT MAY BE STORED, REPRODUCED, DISTRIBUTED OR USED TO PREPARE DERIVATIVE PRODUCTS WITHOUT PRIOR WRITTEN PERMISSION. AN ORIGINAL SEAL AND ORIGINAL SIGNATURE IS (N85°14'45"W 317.65') 3"BRASS CSAP, x 4 , f/ \\ , `` ```.'`F '!' �� REQUIRED TO VALIDATE THIS DOCUMENT AND IS EXCLUSIVE TO HIGH COUNTRY ENGINEERING, INC. '21/4"PIPE 100 0 50 100 GRAPHIC SCALE 200 400 584°41'53"E 257.75' 11_,. 7 <' 1,''`',','II \,,',,',', AND THE OWNER(S) OF RECORD AS OF THIS DATE, OF THE PROPERTY DELINEATED HEREON AND THE SUBJECT OF THE SURVEY. - - X (IN U.S. SURVEY FEET) 1 INCH = 1 OOFT. SURVEYOR'S CERTIFICATION LAND SURVEY PLAT DEPOSIT ED THIS LAND SURVEY PLAT HAS BEEN ACCEPTED FOR DEPOSIT IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO THIS DAY OF , 2018, PLAT BOOK 30 0 15 30 GRAPHIC SCALE 60 120 I, BILL W.A. BAKER, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO (#23875) DO BY THESE PRESENTS CERTIFY THAT THE DRAWING SHOWN HEREON REPRESENTS A MONUMENTED LAND SURVEY MADE UNDER MY DIRECT SUPERVISION AND CHECKING ON THE GROUND , PAGE , AS RECEPTION NO. AND THAT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, AN ACCURATE DEPICTION OF SAID SURVEY IS RENDERED BY THIS PLAT. THIS SURVEY WAS CONDUCTED IN CONFORMANCE WITH TITLE 12, ARTICLE 12, PART 2, SUBSECTION 5 (IN U.S. SURVEY FEET) (5) (A) PLATS SHALL BE DEPOSITED IN ACCORDANCE WITH THIS SECTION FOR THE SOLE PURPOSE OF 1 INCH = 30 FT. RECORDING INFORMATION ON SURVEYING MONUMENTATION IN ORDER TO PROVIDE SURVEY DATA FOR SUBSEQUENT LAND SURVEYS AND SHALL NOT BE CONSTRUED TO AFFECT, IN ANY MANNER WHATSOEVER, THE DESCRIPTION OF A SUBDIVISION, LINE, OR CORNER CONTAINED IN THE OFFICIAL PLATS AND FIELD NOTES FILED AND OF RECORD OR TO SUBDIVIDE PROPERTY. (B) NO PLAT DEPOSITED IN ACCORDANCE WITH THIS SECTION SHALL CONSTITUTE NOTICE PURSUANT TO SECTION 38-35-109. COUNTY SURVEYOR CURRENT STANDARDS OF PRACTICE PROMULGATED BY THE PROFESSIONAL LAND SURVEYOR'S OF COLORADO, AND COMPLIES WITH TITLE 38-51-102, COLORADO REVISED STATUTES. BILL W.A. BAKER, COLORADO PLS #23875 Garfield County To whom it may concern Road & Bridge Date: 08/07/2018 File # Property Owner: Sarah Overbeck Address:3268 CR 113 , 81623 The above address is exempt from needing a Driveway Permit from Garfield County Road & Bridge. The driveway will not directly access a County maintained road. _X_ The driveway meets current County standards. Other: Driveway is also adequate for an ADU Approved By Harry Shiles For any questions please call Wyatt Keesbery Director Garfield County Road & Bridge 970-625-8601 Recorded at //.# 30 o'clock /9 M. JUL 11974 Reception No. -.�y.�_ Ella Stephens. Recorder HOLY CROSS ELECTRIC ASSOCIATION, INC. RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, That the Undersigned, JASON JAMES and ESTHER JANE JOWELL booic46 i PAGE 285 for a good and valuable consideration, the receipt whereof is hereby acknowledged, do- hereby grant unto HOLY CROSS ELECTRIC ASSOCIATION, INC., a cooperative corporation, whose post office address is Glenwood Springs, Colorado, and to its successors and assigns, the right to enter upon lands of the undersigned, situate in the County of Garfield , State of Colorado, described as follows: A parcel of land situated in Lots 10, 14 and 15 of Section 10, Township 7 South, Range 88 West of the 6th Principal Meridian, as more fully described in Book 431 at Page 316 of the Garfield County Courthouse, Glenwood Springs, Colorado, and to construct, reconstruct, enlarge, operate, maintain and remove an electric transmission or distribution line or system, within the above mentioned lands, upon a line described as follows: A twenty foot wide strip of land the centerline for which being on the northerly boundary of said property directly under proposed power line; thence, S 9° E a distance of 410 feet, more or less, to proposed Pole ##1. Right is also granted to place anchors with guys outside of said easement. And, in addition, the undersigned hereby grant to 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 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, wire 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 they are the owners of the above described lands and that the said lands are free and clear of encumbrances and liens of whatsoever character except those held by the following: IN WITNESS EREOF, the undersigned have .set their hands and seals this `] day of L.. , 19 11/1 STATE OF Coco/2,40O ) ss. r'nh,nvry .. (SEAL) .4W4 } 4,L-Wdo (SEAL) Recorded at Reception No MAR 19' O K 595 1, 4E396 Recorder. THIS DEED, Made this 23 day of March 19 82 , between Craig L. Overbeck and Rita K. Fehr of the Colorado, of the first part, and Edward W. whose legal address is 3266 113 of the Colorado, of the second part: County oft arfield , State of Kilian and Gail L. Hanson Road, Carbondale County . off d State of C-arfi ea Recorder's Stamp GAR IELD ►+i%c.fir WITNESSETH, That the said partfes of the first part, for and in consideration of the sum of Ten dollars and other valuable consideration DOLLARS to the said part 1esf the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, have remised, released, sold, conveyed and quit claimed, and by these presents do remise, release, sell, convey and quit claim unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the right, title, interest and demand which the said part ies of the first part ha ve in and to the following described lot or parcel of land situate, lying and being in the County of Garfield and State of Colorado, to wit: A non-exclusive 40 foot right of way eking from the Westerly boundary of a tract described in Book 588 Page 539, the centerline of which is 111 feet from the southerly edge of County Road 113 as constructed and in place and being 20 feet 4n width either direction of this centerpoint. Said right-of-way continues In a straight line in an easterly direction to the Easterly boundary of a tract described in Book 463 Pages 238 and 239 under Exhibit r'A" and referred to again in Book 576 Page 334, at which point the centerline is 145 feet from, the southerly edge of County Road 113 as constructed and in place and extending 20 feet fru,i the centerline in either direction. This right of way then meets with a right of way recorded and deeded in Book 463 Page 240 and 241. isamosacasecaommucemet TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatsoever of the said parties of the first part, either in law or equity, unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy. IN WITNESS WHEREOF, The said part ies of the first part have hereunto set their hand and seal the day and year first above written. Signed, Sealed and Delivered in the presence of STATE OF COLORADO, County of 652044 Y [SEAL] it404 [SEAL] [SEAL] The,_ ore ing Inst ument was acknowledged before me this ,23" day of 19 ij �' 4 on expires ter` `itEW hand and official seal.\oil/4:111;SC '" -e5r(Are Notary Public. N.C. ate,004$ C -DED anta. Bradford Publishing Co., 1846 Stout Street, Denver, Colorado (673.5011)-7-78 3 N Soil Map—Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties 3 3 ray ncua Rio wand 82 nfg eorac14 Map Scale: 1:2,080 if printed on A portrait (8.5" x 11") sheet. -, Meters 0 30 60 120 180 Feet 0 100 200 400 600 Map projection: Web Mercator Comer auordinates: WG.S84 Edge tics: UTM Zone 13N WGS84 USDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 3 N 3/6/2018 Page 1 of 3 39° 27 39 N 39° 2721"N Soil Map—Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties MAP LEGEND Area of Interest (AOI) Area cf Interest (AOI) Soils Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout ii Borrow Pit X Clay Spot Closed Depression • Gravel Pit Gravelly Spot ▪ Landfill Lava Flow 46 Marsh or swamp Mine or Quarry O Miscellaneous Water © Perennial Water ase* Rock Outcrop 4... Saline Spot d Sandy Spot Severely Eroded Spot s Sinkhole yr Slide or Slip oa Sodic Spot Spoil Area Stony Spot Very Stony Spot 417 Wet Spot Other Special Line Features Water Features Streams and Canals Transportation 4-0-+ Rails Interstate Highways US Routes Major Roads Local Roads Background ail Aerial Photography 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 Sys=em: 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) ae-ial 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. USDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 3/5/2018 Page 2 of 3 • Soil Map—Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties Map Unit Legend Map Unit Symbol I Map Unit Name 33 42 97 Earsman-Rock outcrop complex, 12 to 65 percent slopes Fluvaquents, 0 to 10 percent slopes Southace cobbly sandy loam, 6 to 12 percent slopes 104 Totals for Area of Interest Torriorthents-Camborthids- Rock outcrop complex, 6 to 65 percent Acres in AOI Percent of AOI 5.3 42.2% 3,5 1.8 2.1 27.5% 14.0% 16:3% 12.7 100.0% USDA Natural Resources Web Soil Survey 'T Conservation Service National Cooperative Soil Survey 3/6/2018 Page 3 of 3 MARi• Geotechnical Engineering 1 Engineering Geology Materials Testing 1 Environmental 5020 County Road 154 Glenwood Springs, CO 81601 Phone: (970) 945-7988 Fax: (970) 945-8454 Email: hpkglenwood@kumarusa.com Office Locations: Denver (HQ), Parker, Colorado Springs, Fort Collins, Glenwood Springs, Summit County, Colorado SUBSOIL STUDY FOR FOUNDATION DESIGN PROPOSED RESIDENCE WEST OF 3268 COUNTY ROAD 113 CATTLE CREEK ROAD GARFIELD COUNTY, COLORA!I'O PROJECT NO. 18-7-237 MAY 14, 2018 PREPARED FOR: JASON COWAN 3268 COUNTY ROAD 113 CARBONDALE, COLORADO 81623 jasone.cowan@gmail.com TABLE OF CONTENTS PURPOSE AND SCOPE OF STUDY - 1 - PROPOSED CONSTRUCTION - 1 - SITE CONDITIONS - 2 - FIELD EXPLORATION - 2 - SUBSURFACE CONDITIONS - 2 - DESIGN RECOMMENDATIONS - 3 FOUNDATIONS - 3 - FOUNDATION AND RETAINING WALLS - 4 FLOOR SLABS - 5 -, UNDERDRAIN SYSTEM - 6 - SURFACE DRAINAGE - 7 - LIMITATIONS - 7 - FIGURE 1 - LOCATION OF EXPLORATORY BORINGS FIGURE 2 - LOGS OF EXPLORATORY BORINGS FIGURE 3 - LEGEND AND NOTES FIGURES 4 AND 5 - SWELL -CONSOLIDATION TEST RESULTS TABLE 1- SUMMARY OF LABORATORY TEST RESULTS H-P%KUMAR Project No. 18-7-237 PURPOSE AND SCOPE OF STUDY This report presents the results of a subsoil study for a proposed residence to be located in the area of an existing shed, west of the residence at 3268 County Road 113 (Cattle Creek. Road), Garfield County, Colorado. The project site is shown on Figure 1. The purpose of the study was to develop recommendations for the foundation design. The study was conducted in accordance with our proposal for geotechnical engineering services to Jason Cowan dated February 9, 2018. A field exploration program consisting of exploratory borings was conducted to obtain information on the subsurface conditions. Samples of the subsoils obtained during the field exploration were tested in the laboratory to determine their classification, compressibility or swell and other engineering characteristics. The results of the field exploration and laboratory testing were analyzed to develop recommendations for foundation types, depths and allowable pressures for the proposed building foundation. This report summarizes the data obtained during this study and presents our conclusions, design recommendations and other geotechnical engineering considerations based on the proposed construction and the subsurface conditions encountered. The possible impact of geologic hazards on this site has not been addressed in this report. PROPOSED CONSTRUCTION Design plans for the residence have not been developed. We assume that the proposed residence will be a one to two story wood frame structure over a walkout basement or crawlspace. Ground floor will be structural over crawlspace or slab -on -grade. Grading for the structure is assumed to be relatively minor with cut depths between about 3 to 10 feet. We assume relatively light foundation loadings, typical of the proposed type of construction. If building loadings, location or grading plans change significantly from those described above, we should be notified to re-evaluate the recommendations contained in this report. H-P:t4KUMAR Project No. 18-7-237 -2 - SITE CONDITIONS The building area is currently occupied by an open sided shed, located on a gently sloping valley side above Cattle Creek. The grade in the building area is about 5% down to the south. To the south and east of the building area, the slope steepens to about 40%. Vegetation in the building area consists of grass and weeds with oak brush to the south. Cattle Creek is located about 50 feet south of the building area. FIELD EXPLORATION The field exploration for the project was conducted on April 9, 2018. Two exploratory borings were drilled at the locations shown on Figure '1 to evaluate the subsurface conditions. The borings were advanced with 4 inch diameter continuous flight augers powered by a truck- mounted CME -45B drill rig. The borings were logged by a representative of H-P/Kumar. Samples of the subsoils were taken with a 2 inch I.D. spoon sampler. The sampler was driven into the subsoils at various depths with blows from a 140 pound hammer falling 30 inches. This test is similar to the standard penetration test described by ASTM Method D-1586. The penetration resistance values are an indication of the relative density or consistency of the subsoils. Depths at which the samples were taken and the penetration resistance values are shown on the Logs of Exploratory Borings, Figure 2. The samples were returned to our laboratory for review by the project engineer and testing. SUBSURFACE CONDITIONS Graphic logs of the subsurface conditions encountered at the site are shown on Figure 2. The subsoils, below about 1 to 1 foot of topsoil, consist of 15 to 171/2 feet of stiff to very stiff, sandy clay and silt overlying relatively dense, clayey sand and gravel with cobbles down to the maximum depth explored, 21 feet. Laboratory testing performed on samples obtained from the borings included natural moisture content, density and percent finer than sand size gradation analyses. Results of swell- H-PKUMAR Project No. 18-7-237 -3 - consolidation testing performed on relatively undisturbed drive samples of the sandy silty clay soils, presented on Figures 4 and 5, indicate low compressibility under light loading and moderate compressibility under increased loading after wetting. The upper soils, above the groundwater level, showed a low to minor collapse potential (settlement under constant load) when wetted. The laboratory testing is summarized in Table 1. Free water was encountered in the borings at the time of drilling and when checked 1 day later at depths of 12 to 14 feet below the ground surface. The subsoils above the water level were slightly moist to moist with depth. DESIGN RECOMMENDATIONS TIONS FOUNDATIONS Considering the subsurface conditions encountered in the exploratory borings and the nature of the proposed construction, we recommend the building be founded with spread footings bearing on the natural fine-grained soils above the groundwater level with a risk of settlement. Foundations should not be placed deeper than about 10 feet to avoid the groundwater. A lower - risk alternative with regard to settlement would be to place the foundation on helical piers bearing on the deeper, denser sand and gravel soils encountered at 151/2 to 181/ feet deep. If a deep foundation bearing on the gravel soils is required, we should be contacted. The design and construction criteria presented below should be observed for a spread footing foundation system. 1) Footings placed on the undisturbed natural soils should be designed for an allowable bearing pressure of 1,500 psf. Based on experience, we expect settlement of footings designed and constructed as discussed in this section will be about 1 inch or less. Shallow footings (5 feet below the existing ground surface or less) could have additional settlement on the order of 1/2 inch if the shallow soils become wet following construction. 2) The footings should have a minimum width of 18 inches for continuous walls and 2 feet for isolated pads. H-PvKUMAR Project No. 18-7-237 -4- 3) Exterior footings and footings beneath unheated areas should be provided with adequate soil cover above their bearing elevation for frost protection. Placement of foundations at least 36 inches below exterior grade is typically used in this area. 4) Continuous foundation walls should be reinforced top and bottom to span local anomalies such as by assuming an unsupported length of at least 12 feet. Foundation walls acting as retaining structures should also be designed to resist lateral earth pressures as discussed in the "Foundation and Retaining Walls" section of this report. 5) All cxisting fill, debris, topsoil and any loose or disturbed soils should be removed and the footing bearing level extended down to the firm natural soils. The exposed soils in footing area should then be moistened and compacted. If water seepage is encountered, the footing areas should be dewatered and we should be contacted for evaluation and mitigation recommendations. 6) A representative of the geotechnical engineer should observe all footing excavations prior to concrete placement to evaluate bearing conditions. FOUNDATION AND RETAINING WALLS Foundation walls and retaining structures which are laterally supported and can be expected to undergo only a slight amount of deflection should be designed for a lateral earth pressure computed on the basis of an equivalent fluid unit weight of at least 55 pcf for backfill consisting of the on-site fine-grained soils. Cantilevered retaining structures which are separate from the residence and can be expected to deflect sufficiently to mobilize the full active earth pressure condition should be designed for a lateral earth pressure computed on the basis of an equivalent fluid unit weight of at least 45 pcf for backfill consisting of the on-site fine-grained soils. All foundation and retaining structures should be designed for appropriate hydrostatic and surcharge pressures such as adjacent footings, traffic, construction materials and equipment. The pressures recommended above assume drained conditions behind the walls and a horizontal backfill surface. The buildup of water behind a wall or an upward sloping backfill surface will H-P4KUMAR Project No. 18-7-237 -5 - increase the lateral pressure imposed on a foundation wall or retaining structure. An underdrain should be provided to prevent hydrostatic pressure buildup behind walls. Backfill should be placed in uniform lifts and compacted to at least 90% of the maximum standard Proctor density at a moisture content near optimum. Backfill placed in pavement and walkway areas should be compacted to at least 95% of the maximum standard Proctor density. Care should be taken not to overcompact the backfill or use large equipment near the wall, since this could cause excessive lateral pressure on the wall. Some settlement of deep foundation wall backfill should be expected, even if the material is placed correctly, and could result in distress to facilities constructed on the backfill. Backfill should not contain organics, debris or rock larger than about 6 inches. The lateral resistance of foundation or retaining wall footings will be a combination of the sliding resistance of the footing on the foundation materials and passive earth pressure against the side of the footing. Resistance to sliding at the bottoms of the footings can be calculated based on a coefficient of friction of 0.30. Passive pressure of compacted backfill against the sides of the footings can be calculated using an equivalent fluid unit weight of 325 pcf. The coefficient of friction and passive pressure values recommended above assume ultimate soil strength. Suitable factors of safety should be included in the design to limit the strain which will occur at the ultimate strength, particularly in the case of passive resistance. Fill placed against the sides of the footings to resist lateral loads should be compacted to at least 95% of the maximum standard Proctor density at a moisture content near optimum. FLOOR SLABS The natural on-site soils, exclusive of topsoil, are suitable to support lightly loaded slab -on -grade construction. To reduce the effects of some differential movement, floor slabs should be separated from all bearing walls and columns with expansion joints which allow unrestrained vertical movement. Floor slab control joints should be used to reduce damage due to shrinkage cracking. The requirements for joint spacing and slab reinforcement should be established by the designer based on experience and the intended slab use. A minimum 4 inch layer of free - draining gravel should be placed beneath basement level slabs to facilitate drainage. This H-Pk4KUMAR Project No. 18-7-237 _6 - material should consist of minus 2 inch aggregate with at least 50% retained on the No. 4 sieve and less than 2% passing the No. 200 sieve. All fill materials for support of floor slabs should be compacted to at least 95% of maximum standard Proctor density at a moisture content near optimum. Required fill can consist of the on- site granular soils devoid of vegetation, topsoil and oversized rock. We recommend vapor retarders conform to at least the minimum requirements of ASTM E1745 Class C material. Certain floor types are more sensitive to water vapor transmission than others. For floor slabs bearing on angular gravel or where flooring system sensitive to water vapor transmission arc utilized, we recommend a vapor barrier be utilized conforming to the minimum requirements of ASTM E1745 Class A material. The vapor retarder should be installed in accordance with the manufacturers' recommendations and ASTM E1643. UNDERDRAIN SYSTEM Although free water was encountered during our exploration below expected excavation depth, it has been our experience in areas underlain by clay soils that local perched groundwater can develop during times of heavy precipitation or seasonal runoff. Frozen ground during spring runoff can also create a perched condition. We recommend below -grade construction, such as retaining walls, crawlspace and basement areas, be protected from wetting and hydrostatic pressure buildup by an underdrain system. The drains should consist of drainpipe placed in the bottom of the wall backfill surrounded above the invert level with free -draining granular material. The drain should be placed at each level of excavation and at least 1 foot below lowest adjacent finish grade and sloped at a minimum 1% to a suitable gravity outlet. Free -draining granular material used in the underdrain system should contain less than 2% passing the No. 200 sieve, less than 50% passing the No. 4 sieve and have a maximum size of 2 inches. The drain gravel backfill should be at least 11/2 feet deep. For shallow footings (less than 5 feet below the existing ground surface), an impervious membrane such as 20 mil PVC should be placed beneath the drain gravel in a trough shape and attached to the foundation wall with mastic to prevent wetting of the hearing soils. H-P�KUMAR Project No. 18-7-237 -7 - SURFACE DRAINAGE The following drainage precautions should be observed during construction and maintained at all times after the residence has been completed: 1) Inundation of the foundation excavations and underslab areas should be avoided during construction. 2) Exterior backfill should be adjusted to near optimum moisture and compacted to at least 95% of the maximum standard Proctor density in pavement and slab areas and to at least 90% of the maximum standard Proctor density in landscape areas. 3) The ground surface surrounding the exterior of the building should be sloped to drain away from the foundation in all directions. We recommend a minimum slope of 12 inches in the first 10 feet in unpaved areas and a minimum slope of 3 inches in the first 10 feet in paved areas. Free -draining wall backfill should be capped with at least 2 feet of the on-site soils to reduce surface water infiltration. 4) Roof downspouts and drains should discharge well beyond the limits of all backfill. 5) Landscaping which requires regular heavy irrigation should be located at least 5 feet from foundation walls. Where footings are less than 5 feet below the existing ground surface, consideration should be given to use of xeriscape adjacent to the building to reduce the potential for wetting of soils below the building caused by irrigation. LIMITATIONS This study has been conducted in accordance with generally accepted geotechnical engineering principles and practices in this area at this time. We make no warranty either express or implied. The conclusions and recommendations submitted in this report are based upon the data obtained from the exploratory borings drilled at the locations indicated on Figure 1, the proposed type of construction and our experience in the area. Our services do not include determining the presence, prevention or possibility of mold or other biological contaminants (MOBC) developing in the future. If the client is concerned about MOBC, then a professional in this special field of practice should be consulted. Our findings include interpolation and extrapolation of the H-P%'KUMAR Project No. 18-7-237 -8 - subsurface conditions identified at the exploratory borings and variations in the subsurface conditions may not become evident until excavation is performed. If conditions encountered during construction appear different from those described in this report, we should be notified so that re-evaluation of the recommendations may be made. This report has been prepared for the exclusive use by our client for design purposes. We are not responsible for technical interpretations by others of our information. As the project evolves, we should provide continued consultation and field services during construction to review and monitor the implementation of our recommendations, and to verify that the recommendations have been appropriately interpreted. Significant design changes may require additional analysis or modifications to the recommendations presented herein. We recommend on-site observation of excavations and foundation bearing strata and testing of structural fill by a representative of the geotechnical engineer. Respectfully Submitted, H -Pt. KUMAR Daniel E. Hardin, P.lS°� �'24443 r' f Reviewed by: `• '•._ Steven L. Pawlak, P.E. DEH/kac H-P%KUMAR Project No. 18-7-237 3 a o S o CA111Y 1'0A0 lf t Y',. - •7 • • • • „ 'w r r C` OI'iftG ,"* •le ft 25 0 25 50 APPROXIMATE SCALE -FEET SITE Ci rr r.L: VICINITY MAP NOT TO SCALE 18-7-237 H-P=,-KLJMAR LOCATION OF EXPLORATORY BORINGS Fig. 1 1-- w w w 0 — 0 5 —10 --- 15 20 -- 25 BORING 1 EL 100' 11/12 WC=10.7 J DD =99 11/12 -200=64 17/12 WC=16.7 UD=108 14/12 WC=12.2 0D=121 -200=34 50/1 BORING 2 EL 102' 12/12 WC=6.5 j D0=92 -200=38 11/12 WC=10.1 D0=109 20/12 WC=12.4 DD=119 -200=56 11/12 WC=21 .3 DD=98 59/6 0 5- 10 - — 10- - 15 20 •-- 25 • - DEPTH -FEET 18-7-237 H-PtiKUMAR LOGS OF EXPLORATORY BORINGS Fig. 2 LEGEND 7 TOPSOIL, ORGANIC SANDY SILT AND CLAY, SCATTERED GRAVEL,- MOIST TO SLIGHTLY MOIST, STIFF, DARK BROWN. CLAY AND SILT (CL—ML): SANDY, SCATTERED GRAVEL, STIFF TO VERY STIFF, MOIST TO WET NEAR THE WATER LEVEL, BROWN. SAND AND GRAVEL (SC—GC): CLAYEY, SCATTERED COBBLES, DENSE, WET, BROWN. RELATIVELY UNDISTURBED DRIVE SAMPLE; 2—INCH I.D. CALIFORNIA LINER SAMPLE. 11/12 DRIVE SAMPLE BLOW COUNT. INDICATES THAT 11 BLOWS OF A 140—POUND HAMMER FALLING 30 INCHES WERE REQUIRED FO DRIVE THE CALIFORNIA SAMPLER 12 INCHES. Ort DEPTH TO WATER LEVEL AND NUMBER OF DAYS AFTER DRILLING MEASUREMENT WAS MADE. NOTES 1. THE EXPLORATORY BORINGS WERE DRILLED ON APRIL 9, 2018 WITH A 4—INCH DIAMETER CONTINUOUS FLIGHT POWER AUGER. 2. THE LOCATIONS OF THE EXPLORATORY BORINGS WERE MEASURED APPROXIMATELY BY PACING FROM FEATURES SHOWN ON THE SITE PLAN PROVIDED. 3. THE ELEVATIONS OF THE EXPLORATORY BORINGS WERE MEASURED BY HAND LEVEL AND REFER TO THE BORING 1 AS ELEVATION 100. 4. THE EXPLORATORY BORING LOCATIONS AND ELEVATIONS SHOULD BE CONSIDERED ACCURATE ONLY TO THE DEGREE IMPLIED BY THE METHOD USED. 5. THE LINES BETWEEN MATERIALS SHOWN ON THE EXPLORATORY BORING LOGS REPRESENT THE APPROXIMATE BOUNDARIES BETWEEN MATERIAL TYPES AND THE TRANSITIONS MAY BE GRADUAL. 6. GROUNDWATER LEVELS SHOWN ON THE LOGS WERE MEASURED AT THE TIME AND UNDER CONDITIONS INDICATED. FLUCTUATIONS IN THE WATER LEVEL MAY OCCUR WITH TIME. 7. LABORATORY TEST RESULTS: WC = WATER CONTENT (%) (ASTM D 2216); DD = DRY DENSITY (pcf) (ASTM D 2216); —200= PERCENTAGE PASSING NO. 200 SIEVE (ASTM D 1140). 18-7-237 H -P- KUMAR LEGEND AND NOTES Fig. 3 CONSOLIDATION - SWELL CONSOLIDATION - SWELL —2 — 3 —4 —5 — 6 SAMPLE OF: Snncly Silty Clay FROM: Boring 1 ccs 2.5' WC = 10.7 %, DD = 99 pcf 1 0 APPLIED PRESSURE - KSF 10 These tr.! re,Wle =ply onto' to the etwws,e, tested The test•n9 r Not 1he11 rdrt he regrne{weed, except 1.1 Cup, w:tt.tort1h written r,pprwrot of korner end Mea lee, We. Swell CerudLdoron tt pOvforrnerl so semrrn twithh 0.5.111St4 C1-4746. in ADDITIONAL COMPRESSION UNDER CONSTANT PRESSURE DUE TO WETTING SAMPLE OF: Sandy Silty Cloy FROM: Boring 1 @ 10' WC = 16.7 %, DD = 108 pcf 1.0 APPLIED PRESSURE - KSr 100 ADDITIONAL COMPRESSION UNDER CONSTANT PRESSURE DUE TO WETTING 100 18-7-237 H-P-KUMAR SWELL -CONSOLIDATION TEST RESULTS Fig. 4 CONSOLIDATION - SWELL CONSOLIDATION - SWELL 0 —1 —2 —3 —4 1 0 -1 —2 —3 —4 —5 6 SAMPLE OF: Sandy Silty Clay FROM: Boring 2 @ 5' WC = 10.1 %, UD = 109 pcf ADDITIONAL COMPRESSION UNDER CONSTANT PRESSURE DUE TO WETTING 1 0 APPLIED! .PRESSURE - KSF 10 Three test results apply only to the samples tested. TO testsg report shall not be rephselim t{, lsupl in full, without the wlitlpn opprtrrol of Kumar and Nsociates. Inc. Swell ICohc IFd (on testing performed in oas¢rdonee with ttM o-4546. SAMPLE OF: Sandy Silty Clay FROM: Boring 2 @ 15' WC = 21.3 %, DD = 98 pcf EXPANSION UNDER CONSTANT PRESSURE UPON WETTING 18-7-237 I 0 APPLIED PRESSURE - .I(SF 10 100 H-P-� KUMAR SWELL -CONSOLIDATION TEST RESULTS Fig. 5 TABLE 1 SUMMARY OF LABORATORY TEST RESULTS SAMPLE LOCATION NATURAL 1 NATURAL GRADATION MOISTURE DRY GRAVEL SAND BORING DEPTH CONTENT i DENSITY (%) (%) (ft) (°ra] L (pcf) 1 1 21/2 1 10.7 99 PERCENT PASSING LIQUID PLASTIC NO.200 LIMIT INDEX SIEVE (110 Project No. 18-7-237 ATTERBERG LIMITS 2 5 10 2' 16.7 108 12.2 121 6.3 92 5 10.1 109 10 12.4 119 UNCONFINED COMPRESSIVE STRENGTH SOIL TYPE 64 34 38 56 1 15 21.3 98 Sandy Silty Clay Sandy Silty Clay Sandy Silty Clay Clayey Sand and Gravel Clayey Silty Sand Sandy Silty Clay Sandy Silty Clay Sandy Silty Clay