HomeMy WebLinkAbout1.00 General Application MaterialsGørfield County
IAND USE CHANGE PERMIT
APPLICATION FORMCommunity Development Department
108 8th Street, Suite 401
Glenwood SPrings, CO 81601'
(970) 94s€212
www.ßa dield-countv.com
TYPE OF APPI.ICATION
in 100-Year nDeveministrative Review
n Variancein 100-YearDeveReviewited
Code Text AmendmentlmReview
Rezoning
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INVOTVED PARTIES
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Representative (Authorization Required)
PROJECT NAME AND TOCATION
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For Appeat of Admin¡sìràt¡ve lnt"rpihã'ti
1. The Decision you are appealing.
2. The date the Decision was sent as specified in the notice {date mailedl.
3. The nature of the decision and the specified ground for appeal. Please cite specific code sections
and/or relevant documentation to support your request.
4. The appropriate appeal fee of $ZSO.O0.
5. Please note a completed AppealApplication and fees must be received within 30 calendar days
Description of Project:
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of written
Existing Use:
PROJECT
REqUEST FOR WAIVERS
Submission Requirements
E the Applicant request¡ng a Waiver of Submission Requirements per Section 4-202. List:
Section:
Section:
Section:
Section:
Waiver of Standards
tr 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.
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of Property Owner or Authorired Representat¡ve, Titte Date
OFFICIAL USE ONIY
File Number: -Fee Paid:
1
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
PRE-APPLICATION
CONFERENCE
SUMMARY
TAX PARCEL NUMBER: 2177-201-00-011 DATE: Updated 4/15/22
PROJECT: Salazar Secondary Dwelling Unit
OWNER: Jose Alfredo Salazar
SURVEYOR/ENGINEER/REPRESTATIVE: To be determined
PRACTICAL LOCATION: Located southwest of the City of Rife, adjacent to the Rifle
Village South Subdivision, off of Village Dr. and the Rifle to Rulison Rd.
TYPE OF APPLICATION: Secondary Dwelling Unit Land Use Change Permit
ZONING: Rural (R)
I. GENERAL PROJECT DESCRIPTION
The Applicant owns approximately 35 acres with an existing single-family residence. The
Applicant proposes construction of a Secondary Dwelling Unit approximately 1500 – 1800
sq.ft. in size on the property. Both the existing dwelling and the proposed Secondary
Dwelling Unit will be served by the City of Rifle for water and sewer. Access is existing and
would be extended to serve the additional unit.
Areas in the vicinity of the site have experienced a number of soil erosion, grading and
drainage concerns and will require additional geo technical reports as part of the application
submittals. The site plan will need to provide details on slopes/topography, driveway
grades, existing improvements, significant features such as irrigation ditches, and swales.
Waivers associated with the timing for submittal of certain submittal requi rements may be
considered pursuant to Section 4-202 of the Land Use and Development Code (LUDC).
Any waiver requests should address the waiver criteria.
2
II. COMPREHENSIVE PLAN
The property is designated Urban Growth Area for the City of Rifle in the Comprehensive
Plan Future Land Use Map. The city will be referred the application for comments.
III. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS
The following Sections of the Garfield Land Use and Development Code as amended apply
to the Application:
• Section 4-103 Administrative Review and Section 4-101 Common Review
Procedures
• Table 4-201 Submission Requirements and Section 4-203 Description of Submittal
Requirements.
• Section 4-118 Waiver of Standards and Section 4-202 Waiver of Submittal
Requirements, as applicable.
• Article 7 Standards, as applicable including Section 7-701 (B)
IV. SUBMITTAL REQUIREMENTS
As a convenience outlined below is a list of information typically required for this type of
application. Table 4-201 outlines the specific application submittal. The following list can
function as a checklist for your submittal.
APPLICANT’S SITE
3
General Application Materials including the Application Form (signed), payment of
Fees and signed Payment Agreement Form (see attached).
A narrative describing the request and related information.
Proof of ownership.
A Statement of Authority is required if the property is owned by an LLC or similar
entity.
A Letter of Authorization is required if an owner intends to have a representative
complete the Application and processing.
Names and mailing addresses of property owners within 200 ft. of the subject
property from Assessor’s Office Records.
Mineral rights ownership for the subject property including mailing address and/or
statement on mineral rights research (see attached).
Copy of the Preapplication Summary needs to be submitted with the Application.
Vicinity Map.
Site Plan.
Grading and Drainage Plan (contact staff for more information).
Soils and Geotechnical report and/or recommendations (contact staff for more
information).
Landscape Plan.
Impact Analysis.
Development agreement, if applicable.
Improvement agreement, if applicable.
Traffic Study (waiver may be requested).
Water Supply/Distribution Plan, including will serve letter from the City of Rifle.
Wastewater Management/Treatment Plan, including will serve letter from the City of
Rifle.
The Application should demonstrate compliance with Article 7 Standards, Divisions
1, 2, and 3. Application formatting that addresses each specific section is
recommended.
The Application needs to specifically address driveways standards in Table 7-107,
waivers can be requested.
The Application should include a waiver request from submittals or standards,
including waiver criteria in Section 4-118 and 4-202.
The Application needs to specifically address the Secondary Dwelling Unit standards
in Section 7-701 (B).
Three hard copies and one digital copy (on a USB drive, for example) of the application are
required. Both versions should be split into individual sections.
Community Development Staff is available to meet with the Applicant to provide additional
information and clarification on any of the submittal requirements and waiver requests.
4
V. REVIEW PROCESS
Call-Up for review by the Board is an option in accordance with the procedures and review
process contained in Section 4-112.
Staff will review the application for completeness, and when complete, refer it to appropriate
agencies for technical review. Staff will create a report to be submitted to the Director for
their decision.
Public Hearing(s): X No Public Hearing, Directors Decision (with notice per code)
Planning Commission
Board of County Commissioners
Board of Adjustment
5
Referral Agencies: May include but is not limited to: City of Rifle, Garfield County
Consulting Engineer, Garfield County Attorney, Garfield County Building Department,
Garfield Road and Bridge, Fire Protection District.
VI. APPLICATION REVIEW FEES
Planning Review Fees: $250
Referral Agency Fees: $tbd (including Consulting Engineer)
Total Deposit: $250(additional hours are billed at hourly rate of $40.50)
VII. GENERAL APPLICATION PROCESSING
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 m ay not be accurate. This summary does not create a
legal or vested right. The summary is valid for a six-month period, after which an update
should be requested. The Applicant is advised that the Application submittal once accepted
by the County becomes public information and will be available (including electronically) f or
review by the public. Proprietary information can be redacted from documents prior to
submittal.
Pre-application Summary Prepared by:
_________________________________________ ____4/15/22____
Glenn Hartmann, Principal Planner Date
Garfield County Community Development Department
6
VICINITY MAP
7
8
9
10
Policy 01-14
Waivers for Roads and Demonstration of Compliance
March 3, 2014
Section 7-107, Access and Roadways, of the Garfield County Land Use and Development Code (LUDC) requires all
roads to be designed to provide for “adequate and safe access” and reviewed by the designated County Engineer. The
LUDC defines “road” as “a County road, State highway, public road, street or alley, or private th oroughfare which affords
primary access to abutting property, excluding a driveway accessing a single property.”
The LUDC defines “private road” as “a right-of-way constructed, established, owned, and maintained by a private party
for access exclusively to private property.” Many of the roads in Garfield County are private roads in that they are gated
and do not serve the general public and they pre-existed the design currently required by the County’s Road Standards as
defined in Table 7-107.
The LUDC allows for the waiver of specific standards provided that the following criteria have been met: 1) an
alternative design achieves the intent of the subject standard to the same or better degree and 2) the proposed alternative
will impose no greater impacts on adjacent properties than would occur through compliance with the specific standard
(Section 4-118).
In applications that include roads that do not meet current County road standards as outlined in Table 7 -107, the County
has asked that Applicants request a waiver of Section 7-107.F, Design Standards, and include in the Application submittal
sufficient information, prepared by a professional qualified in the specific discipline, to demonstrate that they meet the
criteria outlined in Section 4-118 for granting a waiver. In doing so, the application must include:
A Statement of Adequacy - The evaluation of the existing roadway and waiver will need to include a clear
statement that finds that the road will be adequate for the proposed use. This statement must be signed by a
professional engineer qualified in traffic engineering and licensed by the State of Colorado. To support this
evaluation, the following information will be required to be provided:
o Geometry of the road – A description of how the private road does/does not meet the design standards
in Table 7-107. This should include a chart that compares the private road design to those standards in
Table 7-107, as well as a map that shows the existing road design and highlights those areas that deviate
from the standards. A narrative may also be helpful in describing the characteristics of the road as they
compare to Table 7-107 design standards. Unless available, this is not intended to imply construction -
level drawings.
o Safety/Structural Issues – A description of obvious safety and/or structural issues observed and a
statement about how these issues will be addressed.
o Maintenance – A description of how the road is and/or will be maintained. This should be sup ported
with the submittal of any existing or proposed maintenance agreements for the road sections.
o Travel Demand – An accurate count of the existing peak travel demand as well as the Average Daily
Traffic on the road. This should also include the types of vehicles that currently use the road as well as
the additional amount and type of traffic that the proposed use will generate through all phases of its
development.
Other Evidence of Compliance. In addition, Sections 7-107.A, B, C, D, and E are required to be addressed,
which includes documentation about legal access. Sufficient evidence will be required to be submitted to
demonstrate compliance with these sections of the Code.
11
The City of Rifle Colorado May 1, 2020
Property Information
Property ID 217721200400
Location OUT OF CITY LIMITS
Owner RIFLE MIXED VENTURES, LLC
MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
The City of Rifle Colorado makes no claims and no warranties,
expressed or implied, concerning the validity or accuracy of
the GIS data presented on this map.
Geometry updated 2/1/2018
Data updated 2/1/2018
1" = 128 ft
Map Theme Legends
Water System
City of Rifle
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Names and mailing addresses of property owners within 200 ft.
1.Alleman Nicholas Campbell LLC.
61 Red Cloud Ct.
New Castle,CO,81647
2.Rifle Mixed Ventures LLC
3016 Maryland Ave
Columbus,OH.43209
3.Colborn,Harry &Colleen
10889 County Rd.320
Rifle,CO.81650
4.Miller,James R JR &Holly
293 Village Dr.
Rifle,CO.81650
5.Burwell,Pamela J &Flegal,John
285 Village Dr.
Rifle,CO.81650
6.Topete,Juan Manuel &Leon,Dioselina
296 Village Dr.
Rifle,CO.81650
7.Hickel,Christopher &Sabrina
335 Village Dr.
Rifle,CO.81650
PROJECT NARRATIVE
Narrative project description is as follows:
●Size of project will be the building of one single family residential dwelling,size of
residential dwelling will be 2,600 sq ft living space.3,600 sq ft total development.
●Location of residential dwelling will be located on Lot 1,Block 9 Rifle South Reception
No.509678
●Will connect to City water and sewer.Will serve letter from the City of Rifle is attached.
●Single family residential dwelling will have access off of Village Dr.and off County Rd.
320 (attached is new easement for access through Village Dr and site plan where we have
a 50 ft non-exclusive egress easement.)
-1-
CONTRACT TO PROVIDE SERVICES
AND PRE-ANNEXATION AGREEMENT
THIS CONTRACT is made and entered into this 16th day of December 2020, by and
between the CITY OF RIFLE, COLORADO, a municipal corporation (hereinafter "City") and
ALFREDO SALAZAR, as the owner of the real property described hereafter (hereinafter
"Owner");
W I T N E S S E T H:
WHEREAS, Owner desires to obtain the municipal service hereinafter described from the
City, and the City is capable of providing such service; and
WHEREAS, the Owner's property, hereinafter described, is not presently capable of being
annexed to the City of Rifle; however, at such time as Owners' property is eligible for annexation,
Owners agree to annex the property to the City at the City’s sole discretion; and
WHEREAS, the parties desire to enter into this Agreement pursuant to C.R.S. §31-12-121
to set forth the terms and conditions of the extension of such services by the City.
NOW THEREFORE, for and in consideration of the mutual promises and covenants herein
contained, the parties agree as follows:
1. Service Provided. The City agrees to provide Owners with the following municipal
service: water and sewer.
2. Property Served. The City will provide said service to Owners' property
(hereinafter “Property”), situate in the County of Garfield and State of Colorado, and described on
Exhibit A attached hereto and incorporated herein by this reference.
The street address of Owners' Property is: TBD Village Lane, Rifle, Colorado 81650
Garfield County Assessor Parcel No.: 2177-291-00-011
3. Uses. The service described in Paragraph 1 shall be provided to the Property
described in Exhibit A for one single family residential use only.
4. Costs. The City will provide said service subject to the rules, regulations, charges,
fees, and ordinances of the City of Rifle as are now in effect, or as they may hereafter be amended.
The cost of extending service lines will be borne by Owner, as provided in the Rifl e Municipal
Code. At or prior to the first delivery of municipal service pursuant to this Contract, Owner agrees
to pay all system improvement fees at the out-of-City rate. Owners further agree to reimburse the
City for all engineering, legal, and associated fees and costs it incurs in the review and
implementation of this Contract. Owner and their agents, employees, and tenants shall be bound
by all of the ordinances of the City of Rifle insofar as they may pertain to the provision of the
municipal service herein described.
-2-
5. Service Charges. During the term of this Contract, Owner agrees to pay for the
above-described municipal service at the rate and in the manner which may be provided by the
Rifle Municipal Code for municipal utility consumers residing outside the City limits. The City
reserves the right to modify these charges or regulations.
6. No Precedential Value. Nothing herein shall obligate the City to extend additional
service to Owner or to the Property, other than that service described in Paragraph 1, above. There
shall be no expansion of such service without the express written consent of the City.
7. Service Subject to Municipal Code; Termination for Breach. The extension of
municipal service under this Agreement is subject to all requirements of the Rifle Municipal Code
applicable to the supplying of such services now in effect or as hereafter amended. A failure by
Owner to comply with all applicable provisions of the Rifle Municipal Code or with the terms of
this Contract shall constitute a material breach, and the City shall be entitled to terminate this
Contract upon such a breach and/or to discontinue the municipal services provided hereunder.
8. Annexation. To the maximum extent permitted by law, the parties agree that this
Contract, pursuant to C.R.S. §31-12-121, constitutes an enforceable obligation upon Owner, their
successors, and assigns to annex the Property as required under the terms hereof. At such time
as the Property is eligible for annexation to the City, as prescribed by statute or ordinance and at
the City’s direction in its sole discretion, Owner shall submit a petition for annexation to the City
to annex the Property to the City. Owner may annex their Property in conjunction with adjoining
property owners; provided, however, that a petition for annexation is filed within sixty (60) days
of the time Owner's Property becomes eligible for annexation. Owner shall pay all costs for
review of the annexation petition, as required by the Rifle Municipal Code. The passage of time
between the eligibility of the Property for annexation and the time the City requests Owner file a
petition for annexation shall not constitute a waiver of the City's right to enforce, or estop the City
from enforcing, Owner's obligations under this paragraph.
9. Payment of Impact Fees. Owner agree to pay at the time of annexation all
applicable offsite street impact fees and parkland dedication fees for the Property and any other
fees prescribed by Resolution or Ordinance as may apply to annexations.
10. Termination Upon Annexation. This Contract shall terminate automatically on the
effective date of the annexation to the City of the Property; provided, however, that nothing in
this paragraph shall limit any other rights of termination provided in this Contract. Upon
termination after annexation, service to the Property shall be provided pursuant to the Rifle
Municipal Code and all applicable rules and regulations. Until annexation, nothing herei n shall
be construed as obligating the City to provide expanded or additional services of any kind to the
Property.
11. Districts. Owner, upon execution of this Contract and at any time thereafter, shall
join in any street, curb, sidewalk, or other improvement district which may be formed by the City
and which affects the Property.
12. Reserved.
-3-
13. Failure or Refusal to Annex. In the event Owner fails to annex their Property to
the City as required by this Contract, the City may, at its sole option and without otherwise
limiting its legal rights, bring an action at law or equity, including an action for specific
performance, to enforce the terms of this Contract, discontinue providing municipal service(s) to
the Property, or treat this Contract as a petition for annexation and annex the Property without
consent after thirty (30) days' written notice to Owner. The rights and remedies under this
paragraph shall be cumulative. To the extent permitted by law, Owner hereby appoint s the City
Clerk as their attorney-in-fact to execute and deliver all documents necessary to annex Owner's
Property to the City, should Owner fail or refuse to annex as required under this Contract. If the
City proceeds to annex the Owner’s Property as permitted under this paragraph, it may advance
all fees and costs related to the annexation, and shall be entitled to recover the same as a personal
obligation of Owner. Such fees and costs shall also constitute a lien against the Owner’s Property,
which may be foreclosed as provided by law.
14. Lien Rights. The City shall be entitled to prepare and record a lien against the
Owner's Property for the amount of any costs, fees, and other expenses which it has advanced or
which Owner is required to be pay pursuant to this Contract and/or the Rifle Municipal Code.
Such costs and fees include, but are not limited to, system improvement fees, user fees, recording,
annexation, and staff review and document preparation fees and costs; and engineering and
attorneys' fees.
15. Time of Connection. Owner shall, at their expense, connect to the offered City
service pursuant to the Rifle Municipal Code within one (1) year of the date of execution of this
Contract and said connection shall comply with the requirements of the City of Rifle Public
Works Manual. In the event Owner does not make such connection within such one-year time
period, this Contract shall be null and void and of no precedential value, and all parties relieved
of all obligations hereunder; provided, however, that if the City physically co nnects the offered
City service to Owner's Property after one (1) year, the fact of connection shall constitute a waiver
of the time limit contained in this paragraph, and a bonafide purchaser of Owner's Property shall
be entitled to rely thereon.
16. No Guarantee of Fire Flows. Nothing herein shall be construed to obligate the City
to provide adequate fire flows for residences or developments outside the City which receive City
water or sewer services hereunder.
17. Miscellaneous. The parties agree time is of the essence in the implementation of
this Contract. All of the terms and conditions of this Contract shall bind the heirs, successors,
assigns, or personal representatives of the parties hereto. This Contract constitutes a covenant
which runs with the real Property. This Contract sets forth the entire understanding between the
parties, and any previous agreements, promises, or understandings have been included in this
Contract.
18. Recording; Fees. The City shall record this Contract upon execution. Owner shall
simultaneously with the execution of this Contract tender to the City the actual amount of
recording fees. (Checks shall be payable to the Garfield County Clerk and Recorder.)
-4-
19. Affidavits. Upon completion or satisfaction by Owner, or their successor in title,
of all of the terms and conditions of this Contract, the City Manager is authorized to prepare an
affidavit to that effect, which Owner may record with the Garfield County Clerk and Recorder.
If Owner does not connect to the offered City services within the time limit stated herein, the City
shall have the right to record a notice of the termination of this Contract.
20. Regulatory Jurisdiction. The City shall have the right to terminate this Contract in
its sole discretion in the event the Colorado Public Utility Commission, the Garfield County
Commissioners, or any other governmental entity or body asserts regulatory jurisdiction over the
rates, fees, or charges the City imposes pursuant to this Contract.
IN WITNESS WHEREOF, the parties have executed this Contract on the day and year first
written above.
CITY OF RIFLE, COLORADO
By: ____________________________________
Mayor
ATTEST:
______________________________
City Clerk
-5-
OWNER:
By: ____________________________________
Alfredo Salazar
STATE OF COLORADO )
) ss.
COUNTY OF ____________ )
Acknowledged, subscribed, and sworn to before me this _____ day of ____________,
202__, by Alfredo Salazar.
WITNESS my hand and official seal.
_____________________________________
Notary Public
5020 County Road 154
Glenwood Springs, CO 81601
phone: (970) 945-7988
fax: (970) 945-8454
email: kaglenwood@kumarusa.com
www.kumarusa.com Office Locations: Denver (HQ), Parker, Colorado Springs, Fort Collins, Glenwood Springs, and Summit County, Colorado
SUBSOIL STUDY
FOR FOUNDATION DESIGN
TWO PROPOSED RESIDENCES
35 ACRE PARCEL NO. 217729100011
EAST OF RIFLE VILLAGE SOUTH
GARFIELD COUNTY, COLORADO
PROJECT NO. 20-7-434
SEPTEMBER 21, 2020
PREPARED FOR:
JOSE SALAZAR
26 NATIVE SPRINGS DRIVE
RIFLE, COLORADO, 81650
salazarcservices@gmail.com
Kumar & Associates, Inc. ® Project No. 20-7-434
TABLE OF CONTENTS
PURPOSE AND SCOPE OF STUDY ....................................................................................... - 1 -
PROPOSED CONSTRUCTION ................................................................................................ - 1 -
SITE CONDITIONS ................................................................................................................... - 1 -
FIELD EXPLORATION ............................................................................................................ - 2 -
SUBSURFACE CONDITIONS ................................................................................................. - 2 -
FOUNDATION BEARING CONDITIONS .............................................................................. - 3 -
DESIGN RECOMMENDATIONS ............................................................................................ - 3 -
FOUNDATIONS .................................................................................................................... - 3 -
FLOOR SLABS ...................................................................................................................... - 4 -
UNDERDRAIN SYSTEM ..................................................................................................... - 4 -
SURFACE DRAINAGE ......................................................................................................... - 4 -
LIMITATIONS ........................................................................................................................... - 5 -
FIGURE 1 - LOCATION OF EXPLORATORY BORINGS
FIGURE 2 - LOGS OF EXPLORATORY BORINGS
FIGURE 3 - LEGEND AND NOTES
FIGURES 4 & 5 - SWELL-CONSOLIDATION TEST RESULTS
TABLE 1- SUMMARY OF LABORATORY TEST RESULTS
Kumar & Associates, Inc. ® Project No. 20-7-434
PURPOSE AND SCOPE OF STUDY
This report presents the results of a subsoil study for two proposed residences to be located on
the subject site. 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 Jose Salazar dated July 29, 2020.
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.
PROPOSED CONSTRUCTION
The proposed residences will be one and two-story wood frame structures located in the area of
Borings 1 and 2 as shown on Figure 1. Ground floor will be slab-on-grade. Grading for the
structure is assumed to be relatively minor with cut depths between about 3 to 5 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.
SITE CONDITIONS
The 35-acre property is vacant of structures. The building sites had been stripped of vegetation.
Surrounding areas were vegetated with grass and sage brush. The general topography is gently
sloping down to the north. Adjoining properties to the south and west of Boring 2 were
developed with residences.
- 2 -
Kumar & Associates, Inc. ® Project No. 20-7-434
FIELD EXPLORATION
The field exploration for the project was conducted on August 11, 2020. 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 Kumar &
Associates, Inc.
Samples of the subsoils were taken with 1⅜ inch and 2-inch I.D. spoon samplers. The samplers
were 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 consist of about ½ foot of topsoil overlying 60 to 73 feet of medium dense, sand and silt.
Dense gravel soils were encountered in the borings at roughly the same elevation, 60 feet in
Boring 1 and 73½ feet in Boring 2. Approximately 5½ feet of sandy clay and silt soil was
encountered below the topsoil in Boring 1.
Laboratory testing performed on samples obtained from the borings included natural moisture
content, density, Atterberg limits testing and percent finer than sand size gradation analyses.
Results of swell-consolidation testing performed on relatively undisturbed drive samples,
presented on Figures 4 and 5, indicate low to moderate compressibility under conditions of
loading and wetting with a low expansion or collapse potential (settlement when wetted under
constant load) when wetted under a constant light surcharge. Results of percent finer than sand
size gradation analyses performed on small diameter drive samples of the sandy subsoils varied
from 38 to 76 percent. Atterberg limits testing indicates the clay and silt soils have low
plasticity. The laboratory testing is summarized in Table 1.
- 3 -
Kumar & Associates, Inc. ® Project No. 20-7-434
No free water was encountered in the borings at the time of drilling the subsoils were slightly
moist.
FOUNDATION BEARING CONDITIONS
The subsoils at the two building sites have moderate bearing capacity and low to moderate
settlement potential. Due to the depth of the settlement-prone soils, future deep subsurface
wetting could result in excessive settlement, potentially causing distress and cracking of the
proposed houses. It will be critical to the long-term performance of the structures to keep the
subsoils from getting wet. Recommendations for site grading and routing of roof runoff away
from the building are provided in this report.
DESIGN RECOMMENDATIONS
FOUNDATIONS
Considering the subsurface conditions encountered in the exploratory borings and the nature of
the proposed construction, we recommend the buildings be founded with spread footings bearing
on the natural sand and silt soils.
The design and construction criteria presented below should be observed for a spread footing
foundation system.
1) Footings placed on the undisturbed natural granular soils should be designed for
an allowable bearing pressure of 1,200 psf. Based on experience, we expect
settlement of footings designed and constructed as discussed in this section will
be about 1 inch or less.
2) The footings should have a minimum width of 20 inches for continuous walls and
2 feet for isolated pads.
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 14 feet.
- 4 -
Kumar & Associates, Inc. ® Project No. 20-7-434
Foundation walls acting as retaining structures should also be designed to resist a
lateral earth pressure corresponding to an equivalent fluid unit weight of at least
50 pcf.
5) All existing fill, topsoil and any loose or disturbed soils should be removed and
the footing bearing level extended down to the firm natural silt and sand soils.
The exposed soils in footing areas should then be moistened and compacted.
6) A representative of the geotechnical engineer should observe all footing
excavations prior to concrete placement to evaluate bearing conditions.
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 gravel
should be placed beneath slabs for support. This material should consist of minus 2-inch
aggregate with at least 50% retained on the No. 4 sieve and less than 12% 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.
UNDERDRAIN SYSTEM
We understand that the proposed slab-on-grade ground floors will be at or slightly above th
surrounding ground surface. A perimeter underdrain system is not needed and we recommend
that it not be installed. The following recommendations for surface drainage around the
building exterior should be followed.
SURFACE DRAINAGE
The following drainage precautions should be observed during construction and maintained at all
times after the residences has been completed:
- 5 -
Kumar & Associates, Inc. ® Project No. 20-7-434
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.
4) Roof downspouts and drains should discharge well beyond the limits of all
backfill and water should not be allowed to pool within 10 feet of the foundations.
5) Landscaping which requires regular heavy irrigation should be located at least
10 feet from foundation walls. Consideration should be given to use of xeriscape
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
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
Kumar & Associates
TABLE 1
SUMMARY OF LABORATORY TEST RESULTS
Project No. 20-7-434
SAMPLE LOCATION NATURAL MOISTURE CONTENT
NATURAL DRY DENSITY
GRADATION
PERCENT
PASSING NO. 200 SIEVE
ATTERBERG LIMITS UNCONFINED COMPRESSIVE STRENGTH SOIL TYPE BORING DEPTH GRAVEL SAND LIQUID LIMIT PLASTIC INDEX (%) (%)
(ft) (%) (pcf) (%) (%) (psf)
1 0 4.2 76 22 8 Sandy Silty Clay
5 4.5 118 Sandy Silty Clay
7½ 4.6 110 68 Sandy Silt
10 2.7 117 38 Clayey Silty Sand
20 3.3 106 Clayey Silty Sand
2 2½ 3.7 111 Sandy Silt
5 3.9 97 54 Sandy Silty Clay
10 3.2 97 Silty Sand
20 2.8 39 17 2 Very Silty Sand
30 3.9 110 Silt and Sand
Parcel Physical Address Owner Account NuMailing Address
217717400132 Not available RIFLE ALLEMAN NICHOLAS CAMPBELL LLC R024240 61 RED CLOUD COURT NEW CASTLE, CO 81647
217719100316 187 SHOTGUN ST RIFLE ALLEMAN NICHOLAS CAMPBELL LLC R420682 61 RED CLOUD COURT NEW CASTLE, CO 81647
217720100004 293 VILLAGE DR RIFLE MILLER, JAMES R JR & HOLLY S R024191 293 VILLAGE DRIVE RIFLE, CO 81650
217720100009 10889 320 COUNTY RD RIFLE COLBORN, HARRY & COLLEEN R420690 10889 COUNTY ROAD 320 RIFLE, CO 81650-9613
217720100011 303 VILLAGE DR RIFLE SALAZAR, JOSE ALFREDO & ALFREDO R045423 303 VILLAGE DRIVE RIFLE, CO 81650
217720101001 285 VILLAGE DR RIFLE BURWELL, PAMELA J & FLEGAL, JOHN R024192 285 VILLAGE DRIVE RIFLE, CO 81650
217720101002 245 VILLAGE DR RIFLE SALISBURY, SHANTEL M & SETH W R024325 245 VILLAGE DR RIFLE, CO 81650
217720200017 Not available RIFLE ALLEMAN NICHOLAS CAMPBELL LLC R420684 61 RED CLOUD COURT NEW CASTLE, CO 81647
217720205001 15 REMINGTON ST RIFLE STRICKLAN, SCOTT & ARIEL R024261 15 REMINGTON STREET RIFLE, CO 81650
217720205002 37 REMINGTON ST RIFLE HESSELBERG, RANDOLPH R024122 37 REMINGTON STREET RIFLE, CO 81650
217720205041 330 VILLAGE DR RIFLE CAMPBELL, STEPHEN F & CAROLYN M R024049 106 AMANDA STREET PEKIN, IL 61554
217720205042 296 VILLAGE DR RIFLE TOPETE, JUAN MANUEL & LEON, DIOSELINA R024014 PO BOX 1680 HAYDEN, CO 81639-1680
217720210004 335 VILLAGE DR RIFLE HICKEL, CHRISTOPHER & SABRINA R082880 335 VILLAGE DRIVE RIFLE, CO 81650
217720211001 Not available RIFLE HICKEL, CHRISTOPHER & SABRINA R084393 335 VILLAGE DRIVE RIFLE, CO 81650
217721200400 11747 320 COUNTY RD RIFLE RIFLE MIXED VENTURES, LLC R247254 3016 MARYLAND AVENUE COLUMBUS, OH 43209
ROW Not available null
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Alltcdo Salez¡r
303 Vlllage Þr
Rlfìe, CO 8t650
(970) e48-5455
alfredo23.as@gmail.com
June 28th,2023
To whom lt may concern,
I am writing this letter to authorize Jose Alfredo salazar Galaviz to build a
secondary dwelling unit on our property at 303 Village Dr. Rifle, CO,
lf you have any questions or concerns don't hesitate to call me.
Thank you,
û tçrà So\.o,'**,-
Alfredo Salazar Perez
-1-
CONTRACT TO PROVIDE SERVICES
AND PRE-ANNEXATION AGREEMENT
THIS CONTRACT is made and entered into this 16th day of December 2020, by and
between the CITY OF RIFLE, COLORADO, a municipal corporation (hereinafter "City") and
ALFREDO SALAZAR, as the owner of the real property described hereafter (hereinafter
"Owner");
W I T N E S S E T H:
WHEREAS, Owner desires to obtain the municipal service hereinafter described from the
City, and the City is capable of providing such service; and
WHEREAS, the Owner's property, hereinafter described, is not presently capable of being
annexed to the City of Rifle; however, at such time as Owners' property is eligible for annexation,
Owners agree to annex the property to the City at the City’s sole discretion; and
WHEREAS, the parties desire to enter into this Agreement pursuant to C.R.S. §31-12-121
to set forth the terms and conditions of the extension of such services by the City.
NOW THEREFORE, for and in consideration of the mutual promises and covenants herein
contained, the parties agree as follows:
1. Service Provided. The City agrees to provide Owners with the following municipal
service: water and sewer.
2. Property Served. The City will provide said service to Owners' property
(hereinafter “Property”), situate in the County of Garfield and State of Colorado, and described on
Exhibit A attached hereto and incorporated herein by this reference.
The street address of Owners' Property is: TBD Village Lane, Rifle, Colorado 81650
Garfield County Assessor Parcel No.: 2177-291-00-011
3. Uses. The service described in Paragraph 1 shall be provided to the Property
described in Exhibit A for one single family residential use only.
4. Costs. The City will provide said service subject to the rules, regulations, charges,
fees, and ordinances of the City of Rifle as are now in effect, or as they may hereafter be amended.
The cost of extending service lines will be borne by Owner, as provided in the Rifl e Municipal
Code. At or prior to the first delivery of municipal service pursuant to this Contract, Owner agrees
to pay all system improvement fees at the out-of-City rate. Owners further agree to reimburse the
City for all engineering, legal, and associated fees and costs it incurs in the review and
implementation of this Contract. Owner and their agents, employees, and tenants shall be bound
by all of the ordinances of the City of Rifle insofar as they may pertain to the provision of the
municipal service herein described.
-2-
5. Service Charges. During the term of this Contract, Owner agrees to pay for the
above-described municipal service at the rate and in the manner which may be provided by the
Rifle Municipal Code for municipal utility consumers residing outside the City limits. The City
reserves the right to modify these charges or regulations.
6. No Precedential Value. Nothing herein shall obligate the City to extend additional
service to Owner or to the Property, other than that service described in Paragraph 1, above. There
shall be no expansion of such service without the express written consent of the City.
7. Service Subject to Municipal Code; Termination for Breach. The extension of
municipal service under this Agreement is subject to all requirements of the Rifle Municipal Code
applicable to the supplying of such services now in effect or as hereafter amended. A failure by
Owner to comply with all applicable provisions of the Rifle Municipal Code or with the terms of
this Contract shall constitute a material breach, and the City shall be entitled to terminate this
Contract upon such a breach and/or to discontinue the municipal services provided hereunder.
8. Annexation. To the maximum extent permitted by law, the parties agree that this
Contract, pursuant to C.R.S. §31-12-121, constitutes an enforceable obligation upon Owner, their
successors, and assigns to annex the Property as required under the terms hereof. At such time
as the Property is eligible for annexation to the City, as prescribed by statute or ordinance and at
the City’s direction in its sole discretion, Owner shall submit a petition for annexation to the City
to annex the Property to the City. Owner may annex their Property in conjunction with adjoining
property owners; provided, however, that a petition for annexation is filed within sixty (60) days
of the time Owner's Property becomes eligible for annexation. Owner shall pay all costs for
review of the annexation petition, as required by the Rifle Municipal Code. The passage of time
between the eligibility of the Property for annexation and the time the City requests Owner file a
petition for annexation shall not constitute a waiver of the City's right to enforce, or estop the City
from enforcing, Owner's obligations under this paragraph.
9. Payment of Impact Fees. Owner agree to pay at the time of annexation all
applicable offsite street impact fees and parkland dedication fees for the Property and any other
fees prescribed by Resolution or Ordinance as may apply to annexations.
10. Termination Upon Annexation. This Contract shall terminate automatically on the
effective date of the annexation to the City of the Property; provided, however, that nothing in
this paragraph shall limit any other rights of termination provided in this Contract. Upon
termination after annexation, service to the Property shall be provided pursuant to the Rifle
Municipal Code and all applicable rules and regulations. Until annexation, nothing herei n shall
be construed as obligating the City to provide expanded or additional services of any kind to the
Property.
11. Districts. Owner, upon execution of this Contract and at any time thereafter, shall
join in any street, curb, sidewalk, or other improvement district which may be formed by the City
and which affects the Property.
12. Reserved.
-3-
13. Failure or Refusal to Annex. In the event Owner fails to annex their Property to
the City as required by this Contract, the City may, at its sole option and without otherwise
limiting its legal rights, bring an action at law or equity, including an action for specific
performance, to enforce the terms of this Contract, discontinue providing municipal service(s) to
the Property, or treat this Contract as a petition for annexation and annex the Property without
consent after thirty (30) days' written notice to Owner. The rights and remedies under this
paragraph shall be cumulative. To the extent permitted by law, Owner hereby appoint s the City
Clerk as their attorney-in-fact to execute and deliver all documents necessary to annex Owner's
Property to the City, should Owner fail or refuse to annex as required under this Contract. If the
City proceeds to annex the Owner’s Property as permitted under this paragraph, it may advance
all fees and costs related to the annexation, and shall be entitled to recover the same as a personal
obligation of Owner. Such fees and costs shall also constitute a lien against the Owner’s Property,
which may be foreclosed as provided by law.
14. Lien Rights. The City shall be entitled to prepare and record a lien against the
Owner's Property for the amount of any costs, fees, and other expenses which it has advanced or
which Owner is required to be pay pursuant to this Contract and/or the Rifle Municipal Code.
Such costs and fees include, but are not limited to, system improvement fees, user fees, recording,
annexation, and staff review and document preparation fees and costs; and engineering and
attorneys' fees.
15. Time of Connection. Owner shall, at their expense, connect to the offered City
service pursuant to the Rifle Municipal Code within one (1) year of the date of execution of this
Contract and said connection shall comply with the requirements of the City of Rifle Public
Works Manual. In the event Owner does not make such connection within such one-year time
period, this Contract shall be null and void and of no precedential value, and all parties relieved
of all obligations hereunder; provided, however, that if the City physically co nnects the offered
City service to Owner's Property after one (1) year, the fact of connection shall constitute a waiver
of the time limit contained in this paragraph, and a bonafide purchaser of Owner's Property shall
be entitled to rely thereon.
16. No Guarantee of Fire Flows. Nothing herein shall be construed to obligate the City
to provide adequate fire flows for residences or developments outside the City which receive City
water or sewer services hereunder.
17. Miscellaneous. The parties agree time is of the essence in the implementation of
this Contract. All of the terms and conditions of this Contract shall bind the heirs, successors,
assigns, or personal representatives of the parties hereto. This Contract constitutes a covenant
which runs with the real Property. This Contract sets forth the entire understanding between the
parties, and any previous agreements, promises, or understandings have been included in this
Contract.
18. Recording; Fees. The City shall record this Contract upon execution. Owner shall
simultaneously with the execution of this Contract tender to the City the actual amount of
recording fees. (Checks shall be payable to the Garfield County Clerk and Recorder.)
-4-
19. Affidavits. Upon completion or satisfaction by Owner, or their successor in title,
of all of the terms and conditions of this Contract, the City Manager is authorized to prepare an
affidavit to that effect, which Owner may record with the Garfield County Clerk and Recorder.
If Owner does not connect to the offered City services within the time limit stated herein, the City
shall have the right to record a notice of the termination of this Contract.
20. Regulatory Jurisdiction. The City shall have the right to terminate this Contract in
its sole discretion in the event the Colorado Public Utility Commission, the Garfield County
Commissioners, or any other governmental entity or body asserts regulatory jurisdiction over the
rates, fees, or charges the City imposes pursuant to this Contract.
IN WITNESS WHEREOF, the parties have executed this Contract on the day and year first
written above.
CITY OF RIFLE, COLORADO
By: ____________________________________
Mayor
ATTEST:
______________________________
City Clerk
-5-
OWNER:
By: ____________________________________
Alfredo Salazar
STATE OF COLORADO )
) ss.
COUNTY OF ____________ )
Acknowledged, subscribed, and sworn to before me this _____ day of ____________,
202__, by Alfredo Salazar.
WITNESS my hand and official seal.
_____________________________________
Notary Public
Garfield County Land Use and Development Code
Article 7:Standards TEMPLATE
Applicants may use this template for organizational purposes when responding to Article 7 Standards for Land Use
Change Permit applications.Applicants should reference the Garfield County Land Use and Development Code for
detailed descriptions of standards relating to their particular proposals when responding.
DIVISION 1:GENERAL APPROVAL STANDARDS
7-101.ZONE DISTRICT USE REGULATIONS
The legalese:“The terms ‘rural’and ‘rural area’mean any open country,or any
place,town,village,or city which is not part of or associated with an urban area
and which (1)has a population not in excess of 2,500 inhabitants.”[This
definition includes exceptions for places with populations up to 10,000 if they are
of “rural character,”and for areas with up to 20,000 people if they are “rural in
character”and have “a serious lack of mortgage credit for lower and
moderate-income...
7-102.COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS
Secondary Dwelling Unit and the comp plan supports it in the county.Urban growth area
7-103.COMPATIBILITY
The plan is housing to match neighboring area.
7-104.SOURCE OF WATER
City Water
7-105.CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS
City sewer
7-106.PUBLIC UTILITIES
City water,sewer and fire hydrant.
7-107.ACCESS AND ROADWAYS
Direct access of village dr road.
7-108.USE OF LAND SUBJECT TO NATURAL HAZARDS
Wash outs planting grass and hay fields ,land settling correct engineering.
7-109.FIRE PROTECTION
Fire hydrant located 5 ft from the property and also possible sprinkler system in home.
DIVISION 2:GENERAL RESOURCE PROTECTION STANDARDS
7-201.AGRICULTURAL LANDS
We work with pastures for horses,and put up hay when it over grows.
7-202.WILDLIFE HABITAT AREAS
Elk grazing areas,we keep low fences for them to be able to jump over.
7-203.PROTECTION OF WATERBODIES
None on the property .
7-204.DRAINAGE AND EROSION
There are coverts already installed in main erosion areas
7-205.ENVIRONMENTAL QUALITY
None added
7-206.WILDFIRE HAZARDS
Local fire hydrant.Grazing animals to keep fire possibility low
7-207.NATURAL AND GEOLOGIC HAZARDS
Land and ground settling .Correct engineered foundations
7-208.RECLAMATION
Planing new trees,new hay fields to keep dust storms .
DIVISION 3.SITE PLANNING AND DEVELOPMENT STANDARDS
7-301.COMPATIBLE DESIGN
Regular single family home.Standard home
7-302.OFF-STREET PARKING AND LOADING STANDARDS
No need for off street parking
7-303.LANDSCAPING STANDARDS
Standar home front and back yard,grass,gravel drive way .
7-304.LIGHTING STANDARDS
Regular home all lights down wards and nothing twords neighboring residences
7-305.SNOW STORAGE STANDARDS
Regular snow pitched roof with snow guards,and snow melts.
7-306.TRAIL AND WALKWAY STANDARDS
None applicable
OTHER PERTIENT STANDARDS
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. 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.
ALTA Commitment for Title Insurance 8-1-16
Copyright 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.
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
COMMONWEALTH LAND TITLE INSURANCE COMPANY
NOTICE
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,
Commonwealth Land Title Insurance Company, a Florida 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 180 days 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.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. 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.
ALTA Commitment for Title Insurance 8-1-16
Copyright 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.
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, this Commitment 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
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. 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.
ALTA Commitment for Title Insurance 8-1-16
Copyright 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.
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 to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance 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. You may review a copy of the arbitration rules at http://www.alta.org/arbitration.
Countersigned:
Patrick P. Burwell
Commonwealth Title Company of Garfield County,
Inc.
127 East 5th Street
Rifle, CO 81650
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. 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.
ALTA Commitment for Title Insurance 8-1-16
Copyright 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.
Transaction Identification Data for reference only:
Issuing Agent: Commonwealth Title Company of Garfield County, Inc.
Issuing Office: 127 East 5th Street, Rifle, CO 81650
ALTA® Universal ID: 1038730
Loan ID Number: 1700020451
Issuing Office File Number: 2022-06-11
Commitment Number: 2022-06-11
Revision Number:
Property Address: 303 Village Drive, Rifle, CO 81650
SCHEDULE A
1. Commitment Date: 07/19/2023 at 8:00 AM
2. Policy to be issued:
(a) ALTA Policy $
PROPOSED INSURED:
3. The estate or interest in the Land described or referred to in this Commitment is: fee simple.
4. Title to the fee simple estate or interest in the Land is at the Commitment Date vested in:
Jose Alfredo Salazar, and Alfredo Salazar
5. The Land is described as follows:
Property description set forth in “Exhibit A” attached hereto and made a part hereof.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
By:
Patrick P. Burwell, License #: 153719
Authorized Signatory
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. 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.
ALTA Commitment for Title Insurance 8-1-16
Copyright 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.
SCHEDULE B, PART I
Requirements
All of the following Requirements must be met:
1. The 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.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company as set forth below:
Commitment update: $150.00
4. 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.
5. -This is an informational only commitment and no policy will be issued hereunder.
-Receipt of satisfactory Improvement Survey Plat certified to the Company (i) prepared from an on-the-
ground inspection by a registered land surveyor licensed in the State of Colorado; (ii) currently dated,
showing the location of the Property and all improvements, fences, easements, roads, rights-of-way and
encroachments or other matters identified in Schedule B - Section 2 of this Commitment, to the extent
such matters are capable of being shown, (iii) containing a legal description of the boundaries of the
Property by metes and bounds or other appropriate legal description; and (iv) meeting the criteria of
Colorado Revised Statute 38-51-102(9), as amended, for an Improvement Survey Plat.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. 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.
ALTA Commitment for Title Insurance 8-1-16
Copyright 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.
SCHEDULE B, PART II
Exceptions
THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION
CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE
SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW
BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP,
FAMILIAL STATUS, OR NATIONAL ORIGIN.
The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement
identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company:
1. Rights or claims of parties in possession, not shown by the public records. Note: This exception will be
deleted on the final policy upon compliance with the requirements herein.
2. Easements, or claims of easements, not shown by the public records. Note: This exception will be deleted
on the final policy upon compliance with the requirements herein.
3. Discrepancies, conflicts in boundary lines, shortage of area, encroachments, and any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
Note: This exception will be deleted on the final policy upon compliance with the requirements herein.
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. Note: This Exception will be deleted upon receipt of Final Affidavits
and Agreements indemnifying the Company against unfiled mechanic's and materialmen's liens.
5. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public
Records or is created, attached, or is disclosed between the Commitment Date and the date on which all
of the Schedule B, Part I—Requirements are met. Note: This Exception will be deleted on the final policy if
Commonwealth Title Company of Garfield County, Inc. closes the proposed transaction and records the
applicable instruments of conveyance.
6. Any and all unpaid taxes, assessments and unredeemed tax sales. Note: This exception will be modified in
the final policy to reflect only those taxes and assessments that are a lien, but not yet due and payable.
7. Any lien or charge on account of the inclusion of subject property in an improvement district.
8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the
public record.
9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found
to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as
constructed by the authority of the United States, as reserved in United States Patent recorded on
February 23, 1892 as Instrument #13586 in the official records
10. Easement and right of way as described in document recorded on March 14, 1907 as Instrument #33147
in the official records
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. 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.
ALTA Commitment for Title Insurance 8-1-16
Copyright 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.
11. Easement and right of way as described in document recorded on September 12, 1939 as Instrument
#136964 in the official records
12. Oil, gas and mineral lease recorded on September 9, 1994 as Instrument #468243 in the official
records and any and all interests therein or assignments thereof.
13. Easement and right of way as described in document recorded on June 16, 1997 as Instrument #509602
in the official records
14. Easement and right of way as described in document recorded on December 22, 1999 as Instrument
#557103 in the official records
15. Oil, gas and mineral lease recorded on June 28, 2002 as Instrument #606151 in the official records and
any and all interests therein or assignments thereof.
16. Possessory rights outside of fencelines, easements and all matters shown on ALTA/ASCM survey by
High Country Engineers, Inc Project No. 2021061.00 dated October 18, 2002.
17. Reservation of mineral rights more fully described in Deed recorded on February 28, 2003 as Instrument
#621950 in the official records and any and all interests therein or assignments thereof.
18. Reservations as more fully described in Special Warranty Deed between Rifle Mixed Ventures, LLC, an
Ohio limited liability company and Laramie Energy II, LLC, a Delaware limited liability company, recorded
on August 4, 2008 as Instrument #753572 in the official records
19. Easement and right of way as described in document recorded on October 17, 2008 as Instrument
#757380 in the official records
20. Right of way fir ditches and canals in place and in use.
21. Reservation of mineral rights more fully described in Deed recorded on May 24, 2019 as Instrument
#920773 in the official records and any and all interests therein or assignments thereof.
22. Contract to Provide Services and Pre-Annexation Agreement recorded on February 1, 2021 as Instrument
#949648 in the official records
23. Terms, conditions and all matters set forth in Agreement recorded on September 23, 2021 as Instrument
#963644 in the official records
24. Terms, conditions and all matters set forth in Easement Agreement recorded on June 6, 2022 as
Instrument #975608 in the official records
25. Possessory rights outside of fence, encroachment of fence onto adjoining property, apparent easement for
overhead utilities, gravel drive and all matters shown on Improvement Location Certificate prepared by
Bookcliff Survey Services Inc. dated June 22, 2022, Project No. 19083-01. official records
26. Deed of Trust from Jose Alfredo Salazar and Alfredo Salazar to the Public Trustee of Garfield County for
the use of Alpine Bank, showing an original amount of $492,790.77, and recorded August 23, 2022 as
Instrument #978465.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. 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.
ALTA Commitment for Title Insurance 8-1-16
Copyright 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.
27. Financing Statement from Alfredo Salazar, debtor, in favor of Solar Mosaic LLC, secured party, recorded
January 30, 2023 as Instrument #983151.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. 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.
ALTA Commitment for Title Insurance 8-1-16
Copyright 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.
EXHIBIT A
Property Description
Issuing Office File No.: 2022-06-11
A tract of land in the Northwest quarter of the Northeast quarter of Section 20, Township 6 South, Range 93 West
of the Sixth Principal Meridian, County of Garfield, State of Colorado:
BEGINNING at the Northwest corner of the Northeast quarter of said Section 20; thence South 89°11'24" East,
along the North line of the Northwest quarter of Northeast quarter of said Section 20, a distance of 1156.85 feet;
thence South 00°49'33" West, departing said North line, a distance of 1318.78 feet to the South line of the
Northwest quarter of the Northeast quarter of said Section 20, thence North 89°08'30" West, along said South line
a distance of 1156.80 feet to the Southwest corner of said Northwest quarter of the Northeast quarter; thence
North 00°49'25" East, along the West line of said Northwest quarter of the Northeast quarter, a distance of
1317.80 feet to the POINT OF BEGINNING. Garfield County, Colorado.
TOGETHER WITH: A non-exclusive easement for ingress and egress to the property from County Road 320, as
more particularly described as follows:
A fifty foot wide strip of land for the purpose of ingress and egress, being a portion of those lands described in
Warranty Deed to Rifle Mixed Ventures LLC as recorded in Book 1442 at Page 38 in the Office of the Garfield
County Clerk and Recorder; in the Northwest quarter of the Northwest quarter of Section 21, and in the North half
of the Northeast quarter of Section 20, all in Township 6 South, Range 93 West of the Sixth Principal Meridian,
County of Garfield, State of Colorado, the centerline of said 50' wide strip described as follows:
Commencing at the Southwest corner of the Northwest quarter of the Northwest quarter of Section 21; thence
along the South line of the Northwest quarter of the Northwest quarter of Section 21, South 89°08'52" East a
distance of 498.81
feet to a point of non tangent curvature and the POINT OF BEGINNING; thence departing said South line, along a
curve to the left a distance of 138.12 feet, said curve having a radius of 100.00 feet, a delta angle of 79°08'21"
and chord distance of 127.40 feet which bears North 61°39'33" West; thence South 78°46'17" West a distance of
122.52 feet to a point of curvature; thence along a curve to the right a distance of 75.21 feet, said curve having a
radius of 100.00 feet, a delta angle of 43°05'22" and chord distance of 73.45 feet which bears North 79°41'02"
West; thence North 58°08'21" West a distance of 37.23 feet to a point of curvature; thence along a curve to the
left a distance of 135.32 feet. said curve having a radius of 250.00 feet, a delta angle of 31°00'47" and chord
distance of 133.67 feet which bears North 73°38'45" West; thence North 89°09'08" West a distance of 923.37 feet
to a point of curvature; thence along a curve to the right a distance of 184.37 feet to a point of reverse curvature,
said curve having a radius of 200.00 feet, a delta angle of 52°49'02" and chord distance of 177.91 feet which
bears North 62°44'37" West; thence along a curve to the left a distance
of 413.75 feet to a point of reverse curvature, said curve having a radius of 200.00 feet, a delta angle of
118°31'47" and
chord distance of 343.82 feet which bears South 84°24'01" West; thence along a curve to the right a distance of
115.89
feet, said curve having a radius of 125.00 feet, a delta angle of 53°07'19" and chord distance of 111.79 feet which
bears
South 51°41'47" West to the East line of a proposed 35 acre tract and the Point of Terminus, from whence the
Southwest
corner of the North half of the Northeast quarter of Section 20 bears South 87°24'16" West a distance of 1158.88
feet.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. 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.
ALTA Commitment for Title Insurance 8-1-16
Copyright 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.
County of Garfield