HomeMy WebLinkAbout1.00 General Application MaterialsLAND USE APPLICATION
Christian John Lewis
4020 County Road 103
Carbondale, CO 81623
PID: 239118200152
17 February 2025 (updated 2 June 2025)
An Application for Administrative Review: Minor Subdivision
Represented by:
EMH Law
E. Michael Hoffman, P.C.
225 North Mill Street, Suite 208
Aspen, CO 81611
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TABLE OF CONTENTS
▪ Project Overview and Code Response
▪ Attachment 1 - Vicinity Map and Parcel Description
▪ Attachment 2 – Divisions of Land Application Form
▪ Attachment 3 – Improvement Survey Plat
▪ Attachment 4 – Site Plan
▪ Attachment 5 – Well Testing Results
▪ Attachment 6 – Well Permit, Water Rights for Ditch, and Bylaws
▪ Attachment 7 – Ability To Serve Letter
▪ Attachment 8 - Proof of Ownership
▪ Attachment 9 - Letter of Authorization
▪ Attachment 10 - Adjacent Property Owners within 200 feet and Mineral Rights
▪ Attachment 11 - Pre-application Conference Summary
▪ Attachment 12 - OWTS Permit
Project Overview
Christian John Lewis (the “Applicant”) submits this land use application for Subdivision. The
parcel is located at 4020 County Road 103, PID # 239118200152 (the “Property”). This application
is submitted in conformance with the Pre-Application Conference Summary with the Garfield
County Community Development Department, dated January 1, 2024.
Property Background
The Property is located in the Rural (R) zone district of Garfield County and consists of 53.042
acres (2,312,600 SF). The Property is located in the region of Garfield County known as Missouri
Heights. It is not part of any subdivision. One (1) 4,794 SF single-family residence exists on the
Property as well as an unheated 1,296 SF agricultural building.
Existing Site Features
The Property has seven wellheads, one of which is currently being used to serve the domestic
needs of the single-family residence. All other wellheads are permitted but inactive. The C&M
ditch enters the Property at the southern half of the eastern boundary and runs west and exits
midway along the southern boundary. The C&W ditch connects to the Needham Ditch, which runs
along the southern edge of the Property, outside of the property boundary until it enters the
Property to meet the C&W ditch, midway along that boundary. The Needham ditch flows west
until it exits the Property at the southwest corner. The Applicant has 147 shares of the Needham
ditch. There are several ditch laterals which run across the property, extending from both the C&M
and Needham ditches. The remains of a homestead cabin lie on the Property.
Proposed Subdivision
The Applicant is proposing a subdivision that would create a new parcel on the western side of the
Property, dividing the current parcel from north to south. The Property will retain 35.192 acres, and
the new parcel will be 17.850 acres. The portion of the Property proposed for the new lot will
include two of the existing wellheads. The Applicant is not requesting any development rights in
this application. The purchaser of the new lot will seek such rights directly from Garfield County.
Mineral Estate Owner Notification
The Property was first conveyed by the United States to Louisa Wathen in a Patent dated November 22,
1894 (See Land Title Guarantee Company Title Commitment No. BAR64003655-3, dated 8 December
2020, Attachment 8 of this Application; Schedule B, Part II, exception #8). The Patent included an
exception for the “right of the proprietor” to extract and remove ore from a known vein or lode of
minerals pursuant to the General Mining Law of 1872. There is no evidence that anyone other than
Ms. Wathen held any ownership interest in the minerals at the time of the Patent. In fact, a search of
the General Land Office records maintained by the BLM revealed that the United States
independently granted the minerals underlying the Property to Ms. Wathen in a document dated 1
February 1894. There is no evidence that the mineral estate was ever severed from the remainder of
the Property. The Applicant is the owner of the entire Property, including any and all associated
mineral rights.
Land Use Code Response
ARTICLE 3: ZONING
DIVISION 1. GENERAL PROVISIONS.
3-101. ESTABLISHMENT OF ZONE DISTRICTS.
The following zone districts are established.
A. 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.
The Property is located within the Rural Zone District. The proposed subdivision is
compliant with the uses of this district.
DIVISION 2. ZONE DISTRICT REGULATIONS
3-201. ZONE DISTRICT DIMENSIONS.
Table 3-201 identifies the dimensional standards for each zone district.
As a result of the proposed subdivision, the Property will retain approximately 35.192 acres, and the
new parcel will be 17.860 acres. These parcels will not violate the zone district dimensions as defined
by the Land Use Code.
3-202. GENERAL RESTRICTIONS AND MEASUREMENTS.
A. Frontage. Unless otherwise provided by this Code, each lot shall have a minimum of 25
lineal feet of frontage on a dedicated street or road right-of-way providing access. For
Minor Subdivisions and Subdivision Exemptions this requirement can be met by
provision of an access easement.
The proposed subdivision creates a parcel which allows for the development of a residential
property that conforms to Garfield County’s frontage requirements.
B. Through Lots. On lots extending from 1 street to another paralleling street, both streets
shall be considered as front streets for purposes of calculating front yard setbacks.
Not Applicable.
C. Corner Lots. On lots bordered on 2 contiguous sides by streets, the required front yard
setback shall be observed along both streets.
Not Applicable.
D. Row House. For purposes of setback calculations, only those row houses that do not
share a common wall with an adjacent row house need to observe the required side yard
setback for the district.
Not Applicable.
E. Partially Developed Frontages. On a vacant lot bordered on 2 sides by previously constructed
buildings that do not meet the required front yard setback for the district, the required front
yard setback for the vacant lot shall be established as the averaged front yard setback of the 2
adjacent buildings; where a vacant lot is bordered on only 1 side by a previously constructed
building that does not meet the required front yard setback for the district, the required front
yard setback for the vacant lot shall be established as the averaged front yard setback of the
adjacent building and the minimum front yard setback for the zone district.
Not Applicable.
F. Projections. Every part of a required yard shall be unobstructed from ground level to the
sky except for projections as shown in Table 3-202.
The Applicant is not proposing to build any structures on the new parcel.
ARTICLE 4: APPLICATION AND REVIEW PROCEDURES
DIVISION 1. REVIEW PROCESS FOR LAND USE CHANGE REQUESTS.
4-103. ADMINISTRATIVE REVIEW.
A. Overview.
Applications subject to Administrative Review shall be reviewed and decided by the Director.
B. Review Process.
Applications for Administrative Review shall be processed according to Table 4-102,
Common
Review Procedures and Required Notice, with the following modifications:
1. Pre-Application Conference. This requirement may be waived by the Director.
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2. Determination of Completeness. Once the application is deemed technically complete,
the Director will send a letter to the Applicant that indicates:
a. The additional number of copies to be delivered to the County;
b. The date that the Director will render a decision or, if the Director decides to refer
the application to the BOCC, the date that the BOCC will hear the Application; and
c. The notice form that the Applicant is required to mail to the Adjacent Property
Owners and mineral estate owners and lessees.
3. Notice. The Applicant shall mail notice pursuant to section 4-101.E.b.(2), (4)., at least 15
days prior to the date of the Director’s decision and shall provide proof of adequate
notice prior to any decision. The notice shall include a Vicinity Map, the property’s legal
description, a short narrative describing the current zoning and proposed Land Use
Change, the contact information for the Community Development Department and the
date that the Director will make a decision.
4. Decision.
a. Director Decision. If the Director decides the application, the Director will
inform the Applicant and the BOCC of the approval, conditions of approval, or
basis for denial, in writing within 10 days of the date of decision.
b. BOCC Decision. If the application is referred to the BOCC for a decision, the
BOCC will memorialize their decision of approval, conditions of approval or
basis for denial in the form of a Resolution.
5. Call-Up to the BOCC. The Director’s decision is subject to section 4-112, Call-Up to the
BOCC.
C. Review Criteria.
An application shall comply with the applicable standards of this Code.
The above criteria are understood by the Applicant and shall be complied with.
DIVISION 2. GENERAL SUBMITTAL REQUIREMENTS.
4-202. WAIVER OF SUBMISSION REQUIREMENTS.
A. Overview.
The Director may waive or alter any of these requirements if they are determined to be
inappropriate or unnecessary in determining whether the application satisfies applicable
standards. A waiver shall apply only to the specific application for which it was requested
and shall not establish a precedent for approval of other requests.
B. Review Process.
1. Applicant shall request the waiver of a submission requirement in writing as part
of an application submission.
2. The Director shall review the request as part of the completeness review and make
a determination regarding whether to waive or require the information. The
Director may refer the waiver request to the BOCC for consideration at a Public
Meeting.
3. The Director shall notify the Applicant in writing of the determination whether to
waive submission requirements and include a summary of the decision in the staff
report.
4. The Director’s determination regarding waiver of submission requirements is
subject to call-up pursuant to section 4-112.
C. Review Criteria.
A waiver request shall be considered based on the following criteria:
1. The Applicant shows good cause for the requested waiver;
2. The project size, complexity, anticipated impacts, or other factors support a waiver;
3. The waiver does not compromise a proper and complete review; and
4. The information is not material to describing the proposal or demonstrating
compliance with approval criteria.
The Applicant is requesting a waiver of the requirement to include topography as part of the Site Plan Plat. The Applicant is requesting a waiver of this requirement as topography will not be affected by the proposed subdivision. GIS data suggests that the slope across the proposed lot is minimal, and the likely building area is flat.
4-203. DESCRIPTION OF SUBMITTAL REQUIREMENTS.
A. Professional Qualifications.
The professional qualifications for preparation and certification of certain documents required
by this Code are as follows:
1. Civil Engineer. Improvement plans and reports for water supply, sanitation, drainage,
utilities, soils grading, roads, traffic study, structures, and other civil engineering
required to satisfy the development standards of this Code must be certified by a
professional engineer qualified in the specific discipline and licensed by the State of
Colorado.
2. Surveyor. All documents containing land survey descriptions must be certified by a
licensed Colorado Professional Land Surveyor.
3. Geologist. Geology reports shall be prepared by either a member of the American Institute
of Professional Geologists, a member of the Association of Engineering Geologists, or a
qualified geotechnical engineer licensed in the State of Colorado.
4. Wildlife Expert. Wildlife impact reports shall be prepared by a qualified wildlife
biologist.
5. Water Supply Expert. A professional engineer licensed to practice in the State of
Colorado qualified to perform such work.
6. Vegetation Management Professional. Weed management, revegetation and
reclamation plans and weed inventory reports shall be prepared by a botanist,
ecologist, range scientist, agronomist or other qualified professional.
7. Other. Other professionals retained by Applicant to provide studies and analysis required
by this Code shall demonstrate qualification in the specific field, to the satisfaction of the
reviewing body.
Professional qualifications have been met and are indicated where appropriate.
B. General Application Materials.
The following basic materials are required for all applications for a Land Use Change Permit,
including division of land.
1. Application Form. Application forms for a Land Use Change Permit shall be obtained
from the Community Development Department. Completed application forms and
accompanying materials shall be submitted to the Director by the owner, or any other
person having a recognized fee title interest in the land for which a Land Use Change is
proposed, or by any representative acting through written authorization of the owner.
a. Authorized Representative. If the Applicant is not the owner of the land, or is a
contract purchaser of the land, the Applicant shall submit a letter signed by the
owner consenting to the submission of the application.
b. Applicant is Not the Sole Owner. If the Applicant is not the sole owner of the land,
the Applicant shall submit a letter signed by all other owners or an association
representing all the owners, by which all owners consent to or join in the
application.
c. Applicant is an Entity. If the Applicant is an entity or a trust, the Applicant shall
submit a letter consenting to submission of the application signed by a person
authorized to encumber the property and a recorded Statement of Authority for
that person.
The Application Form has been completed on behalf of the Applicant by the Authorized
Representative. See Attachment 2 for the completed Application form, and Attachment 9 for
the Authorization Form.
2. Ownership. The application shall include a deed or other evidence of the owner’s fee
title interest in the land for which a Land Use Change is proposed.
Proof of Ownership has been provided via title commitment. See Attachment 8.
3. Adjacent Property Owners and Mineral Owners and Lessees. If an application requires
mailed notice, the application shall include the following:
a. A list and a map of real property, the owners of record and mailing address, within a
200-foot radius of the subject parcel as shown in the Office of the County Clerk and
Recorder. Said list shall be generated at least 15 days prior to sending public notice.
b. A list of mineral estate owners in the Subject Site, their name, and the mailing
address for each owner or lessee.
A list of adjacent property owners within 200 feet has been provided. See Attachment 10a.
A certification of mineral owner research indicating the Applicant as owner of entire mineral
estate has also been provided. See Attachment 10b.
4. Fees. Any application for a Land Use Change Permit must be accompanied by the
appropriate fees. A schedule of fees is available through the Community Development
Department. An estimated range of any potential fees will be disclosed in the pre-
application conference summary. This estimate is nonbinding.
a. The costs of consultant and referral agency review are the responsibility of the
Applicant.
b. The County may require a deposit for payment of consultant and referral
agency review fees, based upon estimated consultant review costs at the time of
application, and in addition to the application fees.
c. The County may suspend the application review process pending payment of
consultant costs.
The Applicant understands that appropriate fees will be applied to the application and those
fees have been paid with this Application.
5. Project Description. A description of the project including a statement of need, and
detailed information about the project such as timeline for development, hours of
operation, number of employees, project size (acreage of the site), size of proposed
buildings and structures (sq. footage, height), similar related attributes such as parking
lot size, access roadway information, and overall capacity (i.e. gallons, barrels) or
numbers of units or equipment (i.e. number of residential units, number of compressor
units, pipeline size/length etc.), and an explanation of all functional aspects of the
proposed facility such as the processes, activities, function, operations and maintenance
that will occur as part of the project,
The Applicant is proposing a single subdivision of the existing property. While the
Applicant expects that the property will be used as a single-family residential lot, the
Applicant is not proposing any actual development. As such, there will be no operations
occurring on the site as a part of the proposal.
6. General Requirements for Maps and Plans. The following are general requirements
for
any map or plan submitted under the application and review procedures of this Code:
a. Name or identifying title of the proposed development or use;
b. Total area of the site, in acres;
c. Name, address, and telephone number of the Applicant, person preparing the
map or plan, designer, engineer, surveyor, and any other consultants of the
Applicant; and
d. Date of preparation, revision box, written scale, graphic scale, and north arrow.
All maps and plans submitted under this application include the required elements.
7. Combination of Map and Plan Requirements. Applicant may request at a pre-
application
conference to combine various plan and specification requirements of this section into a
single submission. The Director may allow combination of the plan requirements if:
a. The information requested to be combined is similar;
b. The requirements can be clearly mapped or drawn; and
c. The Code requirements and sections can be labeled or otherwise clearly identified.
The Applicant is not requesting that map and plan requirements be combined.
8. Applications for Major Projects. The Director shall inform the Applicant of any
project
that may include 200 or more employees of the additional application requirements,
including:
a. Estimated construction schedule;
b. Number of employees for construction and operating work force;
c. Direct and indirect tax bases and revenues associated with the project; and
d. Total direct and indirect population associated with the project, including the
rate, distribution, and demographic characteristics of the population change.
Not Applicable.
C. Vicinity Map.
An 8-inch by 11-inch Vicinity Map locating the parcel in the County. The Vicinity Map
shall clearly show the parcel and the boundaries of the subject site and all property within
a 3 mile radius of the subject parcel.
A Vicinity Map showing all properties within a 3-mile radius of the Property has been
included as part of the application. See Attachment 1.
D. Site Plan. Site Plans shall be scaled at 1-inch to 200 feet for properties exceeding 16 acres in
size, or 1 inch to 100 feet for properties less than 16 acres in size. The Director may require,
or the Applicant may choose to submit, a more detailed version of all or part of the Site Plan.
A Site Plan containing the required elements has been made part of this application. See
Attachment 4.
E. Grading and Drainage Plan
The Applicant is requesting a Waiver of this submittal requirement. This application includes
no intention to develop the land at this time. Grading and Drainage will be the responsibility of
any future owner of the subdivided land, should they choose to develop said land.
F. Landscape Plan
The Applicant is requesting a Waiver of this submittal requirement. The proposed subdivision
shall not impact the existing landscape in any way. The responsibility of any future owner of
the subdivided land to submit a landscape plan with building plans, should they choose to
develop said land.
G. Impact Analysis.
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:
The Applicant is requesting a Waiver of this submittal requirement. The proposed subdivision
shall not impact the existing uses and features in any way. The Applicant is not proposing any
development or change to the current use of the land. Thus, it shall not have any impact on
adjacent lands, features, or other matters pertaining to the Impact Analysis.
M. Water Supply and Distribution Plan.
1. Water Supply. For the purposes of this plan, 1 Single-Family Equivalent (SFE) shall
equal
350 gallons of water per day, regardless of the type of use.
a. Water Supplied by a Water Supply Entity. Any development that will be served by a
Water Supply Entity shall submit a letter prepared by the engineer of the Water
Supply Entity, stating whether the Water Supply Entity is willing to commit and has
the ability to provide an Adequate Water Supply for the proposed development.
Not applicable. No water supply entity will provide water. Domestic water will be
provided entirely through the existing wells and through adjudicated ditch rights.
b. 14 SFE or Fewer. Developments that require water for 14 SFE or fewer and will
not be served by a Water Supply Entity shall provide a plan that describes how the
water supply will be sufficient for build-out of the proposed development in terms of
water quality, quantity, dependability, and availability.
Water can be provided for the proposed subdivision entirely through the wells 268393
and 268394, and through any adjudicated ditch rights. These wells are currently
permitted as Monitoring/Observation. The Applicant is in the process of changing
these to Residential use and the Colorado Division of Water Resources has indicated
that a water court approved plan for augmentation will need to be pursued. The
Applicant has begun this process.
Tests indicate that the wells are sufficient to provide domestic water for residential
use. The fathering parcel will continue to use Well 12969, which is currently
permitted Residential, (see Attachment 6) for domestic purposes.
c. For projects served by wells:
(a) A minimum 4-hour pump test shall be performed on the well(s) to be used.
The results of the pump test shall be analyzed and summarized in a report,
including basic well data (size, depth, static water level, aquifer, etc.)
pumping rate, draw down, recharge, and estimated long-term yield. The
report shall be prepared by a qualified professional with expertise in the
ground water or hydrology field and shall include an opinion that the well
will be adequate to supply water for the proposed uses. The report shall also
address the impacts to ground water resources in the area.
A test has been conducted on the existing wells which will be conveyed to
any new owner of the subdivided lot upon its sale. These are wells 268393
and 268394. The results of the test have been included in the application.
See Attachment 5a.
(b) If a well is to be shared, an Applicant shall submit a legal well-sharing
declaration addressing all easements and costs associated with operation
and maintenance of the system and identifying the person responsible for
paying costs and how assessment will be made for those costs.
Wells will not be shared.
(c) Water quality shall be tested by an independent testing laboratory for the
following contaminants: alkalinity, arsenic, cadmium, calcium, coliform
bacteria, chloride, conductivity, copper, corrosivity, fluoride, hardness,
iron, lead, magnesium, manganese, nitrate/nitrite, pH, sodium, sodium
adsorption ratio, sulfate, total dissolved solids, uranium and zinc.
Additional testing may be required for other contaminants that occur
within the County. The results shall show that the Maximum
Contaminants Levels (MCLs), as set forth by the CDPHE within the
Colorado Primary Drinking Water Standards, are not exceeded, or the
Applicant has otherwise identified a treatment system that will bring the
water within acceptable MCLs. Annual testing, testing for other
contaminants, and testing for secondary drinking standards including
taste, odor, color, staining, scaling, and corrosion is also recommended.
A well test was conducted which included measurements of contaminants.
The results are included with this application. See Attachment 5b.
d. Development That is a Division of Land. If the development is a division of land
and is not served by a Water Supply Entity, the plan shall include all the
information required in section 4-203.M.1.b. or section 4-203.M.1.c. depending on
SFE, as well as the following evidence required by C.R.S. § 30-28-133(3)(d):
Historic use and estimated yield of claimed water rights; Amenability of existing
rights to a change of use; Evidence that private water owners can and will supply
water to the proposed Subdivision stating the amount of water available for use
within the Subdivision and the feasibility of extending service to that area; and
Evidence concerning the potability of the proposed water supply for the Subdivision.
Permits for legal creation and construction of the existing wells included on the
proposed lot have been included as part of this application. See Attachment 6. Well
Owner Names are currently in the process of being updated to reflect the Applicant as
owner. See Attachment 6.
N. Wastewater Management and System Plan.
1. Wastewater Management.
a. If On-Site Wastewater Treatment Systems (OWTS) are proposed, the following
information shall be provided:
Evidence that the OWTS will comply with the County’s OWTS requirements and
requirements of the CDPHE, Water Quality Control Commission;
Documentation of soil percolation tests and other studies required to determine
maximum seasonal groundwater level and depth to bedrock, in compliance
with the County’s Individual Sewage Disposal requirements;
Test locations shall be indicated on the Plat;
Tests shall be performed by a qualified professional engineer; and
A proposed management plan for operation and maintenance of on-site systems.
On-Site Wastewater Treatment is the standard for the area and currently serves the Property.
There is no proposed development for the parcel which would be created by the subdivision,
but the expectation is that the developer of the lot would include an OWTS which would
comply with County requirements. A permit for the existing OWTS has been included as part
of this application as Attachment 12. The existing system is compliant with OWTS
requirements. A similar system could be installed on the proposed subdivision following the
standards established in RESOLUTION NO. 2023 -09, but such a decision would be the
responsibility of any new owner who chooses to develop the land.
O. Floodplain Analysis.
When a project is located within a Special Flood Hazard Area, if there is an indication or
suggestion that a project is located in a SFHA, or if a project is a division of land or a
PUD over 5 acres in size or proposes 50 lots or greater, the application must include a
Floodplain Analysis.
Not Applicable. The Property is not within the Special Flood Hazard Area.
ARTICLE 5: DIVISIONS OF LAND
DIVISION 3. SUBDIVISION.
5-301. MINOR SUBDIVISION REVIEW.
A. Overview.
1. A Minor Subdivision is any Subdivision that:
a. Creates no more than 3 parcels;
b. Is served by a private well or wells, or a Water Supply Entity; and
c. Does not require the extension, construction, or improvement of a County right-
of-way.
The proposed subdivision creates one additional parcel, would be served by a private well,
and does not impact County rights-of-way. Therefore, this proposal meets the definition of a
Minor Subdivision.
2. A parcel may be eligible to use the Minor Subdivision process once so long as it is not
evading the Major Subdivision process or would result in a de facto Major
Subdivision through the combination of previous contiguous Minor Subdivisions as
determined by the Director. An appeal of this determination shall be processed as an
Administrative Interpretation Appeal.
The Applicant is not evading the Major Subdivision process.
3. Further divisions of the lots created through the Minor Subdivision process shall be
processed as Major Subdivisions.
The Applicant does not intend to further divide the lots following this Minor Subdivision.
4. Use of the Minor Subdivision process does not prevent the subsequent use of a RLDE
pursuant to section 5-203.
The approval of this Minor Subdivision process would not prevent the subsequent use of
RLDE.
B. Review Process.
A Minor Subdivision application shall be reviewed pursuant to section 4-103,
Administrative
Review, and consistent with Table 5-103.
The Applicant is prepared to follow the review requirements set forth in the Land Use Code.
C. Review Criteria.
In considering a Minor Subdivision application, the application shall demonstrate the
following:
1. It complies with the requirements of the applicable zone district and this Code,
including Standards in Article 7, Divisions 1, 2, 3 and 4.
The Application complies with the requirements of the zone district and the Land Use Code.
2. It is in general conformance with the Comprehensive Plan.
The Application is in conformance with the Comprehensive Plan. The Future Land Use
Map (FLUM) requires that lots in the area of the Property be greater than 10 acres in size.
As requested in this Application, both resulting lots will be larger than 10 acres -- the
fathering parcel will be 35.192 acres, and the resulting lot will be 17.850 acres. The
proposed development is fully consistent with Comprehensive Plan.
3. Shows satisfactory evidence of a legal, physical, adequate, and dependable water
supply for each lot.
The Application has included evidence of the water supply which is sufficient to serve the
proposed lot created by the proposed subdivision.
4. Satisfactory evidence of adequate and legal access has been provided.
This application includes evidence of adequate and legal access to the Property and
proposed lot.
5. Any necessary easements including, but not limited to, drainage, irrigation, utility,
road, and water service have been obtained.
No additional easements are required by the proposed subdivision. All necessary easements
are already established.
6. The proposed Subdivision has the ability to provide an adequate sewage disposal
system.
An Onsite Wastewater Treatment System can be installed on the proposed lot. Sufficient
space exists to install in an appropriate location in a manner which is pursuant to the
requirements of the Land Use Code.
7. Hazards identified on the property such as, but not limited to, fire, flood, steep slopes,
rockfall and poor soils, shall be mitigated, to the extent practicable.
No hazards have been identified on the proposed lot.
8. Information on the estimated probable construction costs and proposed method of
financing for roads, water distribution systems, collection systems, storm drainage
facilities and other such utilities have been provided.
The Applicant is not proposing any development as a part of the proposed subdivision.
9. All taxes applicable to the land have been paid, as certified by the County
Treasurer’s Office.
The Applicant has paid all applicable taxes.
10. All fees, including road impact and school land dedication fees, shall be paid. The
Applicant intends to pay all fees required by the proposed subdivision.
11. The Final Plat meets the requirements per section 5-402.F., Final Plat.
The Final Plat will meet these requirements.
DIVISION 4. GENERAL SUBMITTAL REQUIREMENTS.
5-401. APPLICATION MATERIALS.
A. Required Submissions.
The following are the application materials required for permits and approvals and for
divisions of land. Section 5-402 provides a detailed description of each submittal
requirement.
General Application Materials, a Vicinity Map, Site Plan, Water Supply Plan, and Wastewater
Management Plan have all been included as part of this Application. Vicinity Map and Site Plan
are included as Attachments 1a and 4 respectively. Water Supply Plan and Wastewater
Management as explained within the narrative of the Code Response.
5-402. DESCRIPTION OF SUBMITTAL REQUIREMENTS.
A. Professional Qualifications.
The professional qualifications for preparation and certification of certain documents
required
by this Code are set forth in section 4-203.A., Professional Qualifications.
Professional qualifications have been included in all applicable documents.
B. Yield Plan Map.
The Yield Plan Map is a tool by which the maximum number of developable lots is
determined for Cluster Development options set forth in this Code. A Yield Plan Map shall be
scaled at 1 inch to 200 feet for properties exceeding 160 acres in size, or 1 inch to 100 feet for
properties less than 160 acres in size.
Not Applicable. A Cluster Development is not proposed.
C. Sketch Plan Map.
S-303.B Sl<elch Plan
5-,303.C . Y"oeld Plan ., ., .,
!>-303.D Pn,flfflina,y Plan ., ., ., ., Preliminary engineering reports and plans: A., B .. C ,
Sketch Plan Maps shall be scaled at 1 inch to 200 feet for properties exceeding 160 acres in
size, or 1 inch to 100 feet for properties less than 160 acres in size. The Director may require
a more detailed version of all or part of the Sketch Plan Map. The Applicant shall submit a
copy of the Sketch Plan Map at the reduced size of 8-1/2 inches by 14 inches, legible and
suitable for nontechnical review of the proposal.
Not Applicable. The Property does not exceed 160 acres.
D. Preliminary Plan Map.
Preliminary Plan Maps shall include the following information and supplemental materials:
1. Preliminary Plan Maps shall be scaled as follows. To the extent practicable, a
Preliminary Plan Map shall show the entire area proposed for Subdivision on one 24
inch by 36 inch sheet.
Subdivision Lot Area Scale
Less than 10,000 square feet 1 inch equals 50 feet or less
10,001 square feet to 2 acres 1 inch equals 100 feet or less
More than 2 acres 1 inch equals 200 feet or less
A plat having a scale of 1 inch equals 100 feet is included as part of this application as
Attachment 4 (Site Plan Plat).
2. Legal description of the property.
A legal description is included on the Site Plan Plat.
3. Site data in chart form presenting:
a. Total area of the proposed Subdivision; total area of the developed buildings,
driveways and parking areas; total area of nonresidential floor space;
b. Total number of proposed lots; breakdown of the lot total by number of lots per
use (i.e. residential use, business or commercial and industrial use, and other
public and nonpublic uses);
c. Total number of proposed off-street parking spaces;
d. Total number of dwelling units; total number of dwelling units per structure
proposed; and
e. Total gross density proposed.
This information is included on the Site Plan Plat.
4. Boundary lines, corner pins, and dimensions of the subject property, including land
survey
data to identify the parcel with section corners, distance and bearing to corners,
quarter corners, township, and range.
Boundary lines, corner pins, and dimensions of the subject property are included on the Site
Plan Plat.
5. Topography at the following minimum contour intervals:
a. Subdivision with 1 or more lots less than 2 acres in size, topography shown at 2-
foot contour intervals;
b. Subdivision with all lots 2 acres or greater in size, topography shown at 5-foot
contour intervals; and
c. Areas having Slopes 30% or more, or other significant topographic conditions,
topography shown at 5-foot contour intervals.
Topography has not been included as part of the Site Plan Plat. The Applicant is requesting a
waiver of this requirement as topography will not be affected by the proposed subdivision.
GIS data suggests that the slope across the proposed lot is minimal, and the likely building
area is flat.
6. Significant on-site features including: natural and artificial drainage ways, Wetland
areas, ditches, hydrologic features and aquatic habitat; geologic features and hazards
including Slopes, alluvial fans, areas of subsidence, rock outcrops and rockfall areas,
radiological and seismic Hazard Areas, soil types and Landslide Areas; vegetative cover;
dams, reservoirs, excavations, and mines; and any other on-site and off-site features that
influence the development.
This information is included on the Site Plan Plat.
7. Known, identified, or designated 100-year Floodplains and localized areas subject to
periodic flooding. The distance between the mean identifiable high water mark of any
creeks, streams, or rivers and the nearest proposed development within the site shall
also be shown.
Not Applicable. The Property is not within the 100-year Floodplain.
8. Public access to site, and internal circulation. Location, dimension, alignment and names
of all existing and proposed streets, drives, Alleys, and roads on or adjoining the property.
The general location and right-of-way width for all arterials and collectors shall be shown.
This information is included on the Site Plan Plat.
9. The location of and preliminary engineering for any existing or proposed sewers, water
mains, culverts, storm drains, sidewalks, gutters, fire hydrants along with the width and
depth of pavement or sub-grading to be provided, the depth of burial of all underground
lines, pipes and tubing, and typical cross sections of the proposed grading of roadways and
sidewalks.
This information is included on the Site Plan Plat.
10. Users and grantees of all existing and proposed easements and rights-of-way on and
adjacent to the property, shown by location and dimension.
This information is included on the Site Plan Plat.
11. Building Envelopes, if proposed.
Not Applicable. There is no proposed building envelope.
12. Location and layout of lots and blocks, with lots and blocks numbered consecutively,
and the dimensions and acreage of each lot.
This information is included on the Site Plan Plat.
13. Areas for landscaping and delineation of the type and extent of vegetative cover on
the site.
Not Applicable. There is no proposed change to landscaping.
14. Zoning districts on the site and any zoning changes to be requested.
There are no requested zoning changes.
15. Existing land uses and zoning on adjoining properties.
Adjoining parcels are identified. All adjoining parcels are zoned Rural (R) and uses are
residential and agricultural.
16. Public or private sources of utility services and facilities.
This information is included on the Site Plan Plat.
17. Location and dimension of land to be held in common, Open Space devoted to
community use, and land to be dedicated to County.
There is no land to be held in common, nor any open space or land to be dedicated to the
County.
18. Supplemental Information: The Preliminary Plan Map shall be accompanied by the
following information:
a. A copy of a current certificate from a title insurance company or an attorney
licensed to practice law in the State of Colorado setting forth the names of all owners
of property included within the proposed Subdivision and a list of all mortgages,
judgments, liens, easements, contracts, and agreements of record which shall affect
the property within the proposed Subdivision;
b. A corporate property owner or corporate Applicant shall provide evidence of
registration or incorporation in the State of Colorado;
c. A list from the County Assessor of current property owners of record and their
complete mailing address for property within 200 feet of the boundaries of the
proposed Subdivision;
d. A list of the owners of subsurface mineral interests and their lessees, if any, on
the proposed site and their complete mailing addresses; and
e. Description of proposed phasing plan, if applicable.
This information is included on the Site Plan Plat.
E. Final Plan Map.
Final Plan Maps shall include the following information and supplemental materials:
1. All information as required in the Preliminary Plan Map; and
2. Any modifications, additions or deletions as required by the BOCC.
The Final Plan Map will include all of the necessary information and materials.
F. Final Plat.
Final Plat shall be of an engineer’s scale. Final Plat shall be prepared in a clear and
legible manner on reproducible film stock measuring 24 inch by 36 inch with clear
margins of 2 inches on the left-hand side and 1/2 inch on the remaining sides.
The Final Plat will meet these requirements and include all of the necessary information and
materials.
G. Open Space Plan Map.
1. Open Space Plan Map. The Open Space Plan Maps shall be scaled at 1 inch equals 200
feet
2. Open Space Management Plan. The Open Space Management Plan shall include the
following elements.
Not Applicable.
H. Visual Analysis.
1. Visual Analysis With Sketch Plan. Within the Sketch Plan Review application, the
Applicant shall submit an initial investigation of potential visual impacts and
mitigation techniques.
2. Visual Analysis With Preliminary Plan. Within the Preliminary Plan Review application,
the Applicant shall submit a detailed Visual Analysis that illustrates the existing features
of the site, as viewed from the roadway corridor, and depicts the location and design of the
proposed development.
There will be no visual impact as a result of this proposed subdivision, as no development of
the lot is being proposed.
I. Codes, Covenants and Restrictions.
The Applicant may propose or the BOCC may require the preparation of legal documents
to govern the division of land, including any associated Homeowner Association and any
other codes, covenants and restrictions. Any required legal documents shall be recorded
with a Final Plan/Plat approval.
There are no Codes, Covenants, or Restrictions placed upon the Property by the Applicant.
To the Applicant’s knowledge, no such restrictions exist on the Property.
J. Final Subdivision or Subdivision Exemption Plat Information.
The Application must submit the following information including that listed in Table 5-401
in order to complete an application for plat vacation.
1. Copy of Recorded Subdivision Plat and resolution approving subdivision preliminary
plan
2. A description of the current condition of the subdivision including the location of any
structures, completed improvements or improved infrastructure, and any land or
easements dedicated to the public
3. A statement addressing the required review criteria in Section 5-307.C.
4. If the parcel that results from a vacation or partial vacation will be less than 35 acres, the
Applicant shall submit all materials as required for a Minor Subdivision consistent with
Table 5-401 for the resulting parcel.
The Applicant does not intend to apply for plat vacation.
Article 7: Standards
DIVISION 1. GENERAL APPROVAL STANDARDS.
7-103. COMPATIBILITY.
The nature, scale, and intensity of the proposed use are compatible with adjacent land uses.
The proposed lot is of an acreage that is consistent with the area as well as the Rural Zone District.
7-106. PUBLIC UTILITIES.
A. Adequate Public Utilities.
Adequate Public Utilities shall be available to serve the land use.
Public utilities are available to the proposed lot should any future landowner wish to
develop the lot further.
B. Approval of Utility Easement by Utility Company.
Utility easements shall be subject to approval by the applicable utility companies and, where
required, additional easements shall be provided for main switching stations and substations.
The Applicant shall work with the utility companies to provide reasonably- sized easements in
appropriate locations.
All necessary easements for serving the proposed lot are already in place. No additional
easements would be required should any future landowner wish to develop the lot further.
7-107. ACCESS AND ROADWAYS.
All roads shall be designed to provide for adequate and safe access and shall be reviewed by the
County Engineer.
A. Access to Public Right-of-Way.
All lots and parcels shall have legal and physical access to a public right-of-way.
Access to the proposed lot can be taken from County Road 103. There is no barrier to
access.
B. Safe Access.
Access to and from the use shall be safe and in conformance with applicable County,
State, and Federal access regulations. Where the Land Use Change causes warrant(s) for
improvements to State or Federal highways or County Roads, the developer shall be
responsible for paying for those improvements.
The proposed lot can currently be accessed from County Road 103 in a safe and conforming
manner without any additional development.
C. Adequate Capacity.
Access serving the proposed use shall have the capacity to efficiently and safely service the
additional traffic generated by the use. The use shall not cause traffic congestion or unsafe
traffic conditions, impacts to the County, State, and Federal roadway system shall be
mitigated through roadway improvements or impact fees, or both.
No development is proposed at this time, and as such traffic will not be impacted by this
proposed subdivision. Should any future landowner wish to develop the property, it is
expected that any impact on traffic would be negligible.
7-108. USE OF LAND SUBJECT TO NATURAL HAZARDS.
Land subject to identified Natural and Geologic Hazards, such as falling rock, landslides, snow
slides, mud flows, radiation, flooding, or high water tables, shall not be developed unless it has
been designed to eliminate or mitigate the potential effects of hazardous site conditions as
designed by a qualified professional engineer and as approved by the County.
7-109. FIRE PROTECTION.
A. Subdivisions.
All divisions of land must be reviewed and approved by the appropriate fire protection
district for adequate primary and secondary access, fire lanes, water sources for fire
protection, fire hydrants, and maintenance provisions.
The Carbondale & Rural Fire Protection District will be responsible for serving the new lot.
The conditions of approval for a residence on the proposed lot have been discussed with the
Prevention Division Chief and Fire Marshal and are understood by the Applicant. All
conditions can be achieved should the lot be developed. The Applicant will ensure that any
proposed developer of the lot is aware of these requirements. See Attachment 7.
DIVISION 2. GENERAL RESOURCE PROTECTION STANDARDS.
7-201. AGRICULTURAL LANDS.
A. No Adverse Effect to Agricultural Operations.
Land Use Changes on lands adjacent to or directly affecting agricultural operations shall
not
adversely affect or otherwise limit the viability of existing agricultural operations. Proposed
division and development of the land shall minimize the impacts of development on
Agricultural Lands and agricultural operations, and maintain the opportunity for
agricultural production.
The proposed subdivision will not impact any agricultural operations in the area.
B. Fences.
The County is a Right to Farm County consistent with section 1-301. Fences shall be
constructed to separate the development from adjoining Agricultural Lands or stock drives as
required to protect Agricultural Lands by any new development and to separate new
development from adjoining agricultural operations. All parts of the fencing including such
items as gates, cattle guards, boards, posts, and wiring shall be maintained by the owner,
HOA, or other responsible entity.
Fences already exist which separate the development from all adjoining properties.
C. Ditches.
1. Colorado State Statutes, C.R.S. 37-86-102, provides that “any person owning a water right
or conditional water right shall be entitled to a right-of-way through the lands which lie
between the point of diversion and point of use or proposed use for the purpose of
transporting water for beneficial use in accordance with said water right or conditional
water right.” A plat note shall be placed on all final plats and site plans for land use
change permits for properties that are impacted by, or contain, irrigation ditches.
Irrigation ditches have been included on the Improvement Survey Plat. See Attachment
3.
2. The Colorado Constitution Article XVI, Section 7 provides that all persons and
corporations shall have the right-of-way across public, private and corporate lands
for the construction of ditches for the purposes of conveying water for domestic,
agricultural, mining, manufacturing and drainage purposes upon just
compensation.
Rights-of-way already exist and will not be impacted by the proposed subdivision.
3. Rights-of-Way. The land use change shall not interfere with the ditch rights-of-way.
Rights-of-way will not be impacted by the proposed subdivision.
4. Maintenance. Where irrigation ditches cross or adjoin the land proposed to be
developed, the developer shall insure that the use of those ditches, including
maintenance, can continue uninterrupted.
The Applicant shall ensure that ditch use is not impacted by the creation of the subdivision.
The Applicant serves as the sole maintainer of the ditches that lie within the Property, and
shall continue to provide such services upon subdivision of the land. See Attachment 6c for
Needham Ditch Bylaws, which indicates that the individual is responsible for ditch laterals.
The Bylaws state that, “The Applicant serves as the sole maintainer of the ditches that lie
within the Property, and shall continue to provide such services upon subdivision of the
land.”
5. Maintenance Easement. A maintenance easement shall be indicated on any Final Plat
for the division of land or for the final development plan for any other land use. The
Applicant shall provide a letter from the ditch owner accepting that the development
proposal will have no impact on their ability to maintain the ditch and that an adequate
maintenance easement is possible. No structure or fence shall be placed within the right-
of-way or easement without written permission from the appropriate ditch owner.
Maintenance easements will be indicated on the Final Plat. The Applicant is the owner of
the ditch rights, and acts as sole maintainer of those portions of the ditch which lie within
the Property.
6. Ditch Crossings. Ditch crossings shall respect the rights of ditch owner(s) to operate
and maintain their ditch without increased burden of maintenance or liability.
Development shall minimize ditch crossings.
No ditch crossings are proposed.
7. Referral to Ditch Owner. Application for Division of Land or Land Use Change Permit
that may affect or impact any ditch right-of-way shall include the name and mailing
address of the ditch owner. (This information may be obtained by contacting the Water
Commissioner at the Colorado Division of Water Resources to determine the ditch
owner for purposes of requesting review and comment on the development proposal).
The Applicant holds ownership rights of the ditch in question. The proposed subdivision
will not impact any ditch right-of-way.
8. Drainage. Application for Division of Land or Land Use Change Permit that includes
any improvements located adjacent to or below grade of an irrigation ditch shall address
and mitigate potential impacts to the irrigation ditch in a drainage plan. The drainage
plan shall demonstrate that the drainage will not impair operation of the ditch.
No improvements are proposed and thus irrigation ditched will not be impacted.
DIVISION 4. SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS.
7-401. GENERAL SUBDIVISION STANDARDS.
A. Maintenance of Common Facilities.
Maintenance of common facilities must be accomplished either through covenants of a
homeowners association, a separate maintenance agreement, or some other perpetual
agreement.
There will be no common facilities between the fathering parcel and the proposed lot.
7-402. SUBDIVISION LOTS.
All lots in any Subdivision shall conform to the following specifications:
A. Lots Conform to Code. Lot area, width, frontage, depth, shape, location, and orientation
shall conform to the applicable zone district requirements and other appropriate provisions
of this Code.
The proposed lot will meet all standards for lot dimensions. It also conforms with the nature
of surrounding lots, being of comparable size to neighboring parcels.
B. Side Lot Line Alignment.
Side Lot Lines shall be substantially at right angles or radial to road right-of-way lines.
The proposed side lot lines are all at right angles or radial to road right-of-way lines.
C. Lots Configuration, Cul-de-Sacs.
Wedge-shaped lots or lots fronting on cul-de-sacs shall be a minimum of 25 feet in width at
the front property line.
Not Applicable. The proposed lot is not wedge-shaped, nor does it front on a cul-de-sac.
D. Lot Division by Boundaries, Roads, or Easements Prohibited. No lots shall be divided by
municipal boundaries, County roads or public rights-of-way.
The lot is not divided by municipal boundaries, County roads, or public rights-of-way.
Gar eld County, CO
Developed by
Date created: 1/6/2025
Last Data Uploaded: 1/6/2025 1:54:08 PM
6,406 ft
Attachment 1a
OqPublic.net™
N
.... r.J SCHNEIDER
..... G E OS P A T IAL
Attachment 1b
11/19/24 , 10 :24AM qPublic.net-Garfield County, CO -Property Record Card : R111579
Garfield County, CO
Summary
Account
Parcel
Property
Address
Legal
Description
Acres
LandSqFt
Tax Area
Mill Levy
Subdivision
View Map
Map
Owner
R111579
239118200152
4020 103 COUNTY RD, CARBONDALE, CO 81623
Section : 18Township: 7 Range : 87 A TRIN5EC 13&SEC 18 CONT
55.11AC. EXCEPT A TRCONT2ACAS DESC IN BK 1155 PG419.
53.11ACRES
53.109
0
11
72.5180
LEWIS, CHRISTIAN JOHN
4020 COUNTY ROAD 103
CARBONDALE CO 81623
Land
Unit Type IRRIGATED LAND-AGRICLTRL.-4117 (AGRICULTURAL PROPERTY)
Square Feet 0
Unit Type GRAZING LAND-AGRICULTURAL-4147 (AGRICULTURAL
PROPERTY)
Square 0
Feet
https://qpublic.schneidercorp.com/ Application .aspx? Appl0=1038&Layerl 0=22381 &Page Typel0=4&Pagel 0=944 7 &0=1908308611 &KeyValue=R 111579 1 /3
11/19/24 , 10 :24AM qPublic.net-Garfield County, CO -Property Record Card : R111579
Buildings
Building#
Units
Building Type
1
1
FARM/RANCH
Abstract Codes/ (Property Type)
Architectural Style
FARM/RANCH RESIDENCE-IMPS-4277 (RESIDENTIAL PROPERTY)
1-STRY/BSM
Stories
Frame
Actual Year Built
Basement Area
Finish Basement Area
Gross Living Area
Total Heated SqFt
Bedrooms
Baths
Heating Fuel
Heating Type
Air Conditioning
RoofType
Roof Cover
Actual Values
Tax Year
Actual Value
Assessed Values
Tax Year
Assessed Value
Tax History
Tax Year
Taxes Billed
1
WOOD FRAME
1970
2,397
2,397
2,397
4,794
4
2.75
GAS
HOTWATER
NONE
GABLE
PREFAB MET
2024
$1,733,100.00
2024
$120,070.00
2023
$1,370,400.00
2023
$95,760.00
2023
$6,944.32
Click here to view the tax information for this parcel on the Garfield County Treasurer's website.
Transfers
Sale Date Deed Type
8/2/2022 AGREEMENT
12/8/2020 SPECIAL WARRANTY DEED
12/3/2020 BARGAIN AND SALE DEED
10/19/2020 STATEMENT OF AUTHORITY
3/13/2014 QUITCLAIM DEED
1/6/2014 QUITCLAIM DEED
1/6/2014 WARRANTY DEED
1/6/2014 STATEMENT OF AUTHORITY
12/18/2013 SPECIAL WARRANTY DEED
2/19/2008 STATEMENT OF AUTHORITY
4/6/2007 QUITCLAIM DEED
4/6/2007 WARRANTY DEED
6/13/1994 SPECIAL WARRANTY DEED
4/15 /1993 AFFIDAVIT
7/31/1992 DEATH CERTIFICATE
1/6/1992 BOUNDARY LINE ADJUSTMENT
1/6/1992 QUITCLAIM DEED
1/6/1992 AGREEMENT
1/6/1992 BOUNDARY LINE ADJUSTMENT
1/6/1992 QUITCLAIM DEED
6/4 /1986 BOUNDARY LINE ADJUSTMENT
5/30/1986 QUITCLAIM DEED
5/27/1986 QUITCLAIM DEED
5/15/1986 WARRANTY DEED
1/7/1986 WARRANTY DEED
12/19/1985 BOUNDARY LINE ADJUSTMENT
8/15/1973 WARRANTY DEED
2022
$813,060.00
2022
$59,470.00
2022
$4,818.80
Reception Number
984349
946644
946645
943921
847384
845063
845062
845061
844440
743446
721825
721824
464862
446586
446586
433701
433700
430776
430775
430774
371607
371495
371498
371096
367947
369801
259658
2021
$813,060.00
2021
$61,460.00
2021
$4,903.04
Book -Page
1918-162
1918-160
0906-0553
0860-0313
0860-0314
0828-0871
0828-0869
0821-0627
0821-0623
0821-0621
0689-0326
0689-0153
0689-0159
0688-0349
0681-0739
0685-0723
0448-0478
2020
$719,750.00
2020
$55,180.00
2020
$4,168.20
Sale Price
$0
$1,550,000
$0
$0
$0
$0
$1,285,000
$0
$0
$0
$0
$1,850,000
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$61,100
$64,200
$0
$130,000
https://qpublic.schneidercorp.com/ Application .aspx? Appl0=1038&Layerl 0=22381 &Page Typel0=4&Pagel 0=944 7 &0=1908308611 &KeyValue=R 111579 2/3
11/19/24 , 10 :24AM qPubl ic .net-Garfield County, CO -Property Record Card : R111579
Property Related Public Documents
Click here to view ProRe!1\( Related Public Documents
Photos
Sketches
The Garfield County Assessor's Office makes every effort to produce the most accurate
information possible. No warranties, expressed or implied are provided for the data herein, its
use or interpretation. Data is subject to constant change and its accuracy and completeness
cannot be guaranteed.
I User Privacy PolicY. I GDPR Privacy Notice
Last Data Upload: 11/19/2024, 12:09:17 AM
Contact Us Developed by
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https://qpublic.schneidercorp.com/ Application .aspx? Appl0=1038&Layerl 0=22381 &Page Typel0=4&Pagel 0=944 7 &0=1908308611 &KeyValue=R 111579 3/3
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
DIVISIONS OF LAND
APPLICATION FORM
TYPE OF SUBDIVISION/EXEMPTION
Minor Subdivision Preliminary Plan Amendment
Major Subdivision Final Plat Amendment
Sketch Preliminary Final Common Interest Community Subdivision
Conservation Subdivision Public/County Road Split Exemption
Yield Sketch Preliminary Final Rural Land Development Exemption
Time Extension Basic Correction Exemption
INVOLVED PARTIES
Owner/Applicant
Name: ________________________________________________ Phone: (______)_________________
Mailing Address: ______________________________________________________________________
City: _______________________________________ State: _______ Zip Code: ____________________
E-mail:_______________________________________________________________________________
Representative (Authorization Required)
Name: ________________________________________________ Phone: (______)_________________
Mailing Address: ______________________________________________________________________
City: _______________________________________ State: _______ Zip Code: ____________________
E-mail:_______________________________________________________________________________
PROJECT NAME AND LOCATION
Project Name: _____Lewis Minor Subdivision_______________________________________ Assessor’s
Parcel Number: 2391 - 182 - 00 - 152
Physical/Street Address: 4020 County Road 103, Carbondale, CO, 81623_________________________
Legal Description: Section: 18 Township: 7 Range: 87 A TR IN SEC 13 & SEC 18 CONT 55.11 AC. EXCEPT A
TR CONT 2 AC AS DESC IN BK 1155 PG 419. 53.11 ACRES_______________________________________
Zone District: __Rural (R)____________________________ Property Size (acres): ___53.09___________
Attachment 2
Christian John Lewis 970 445-0207
4020 County Road 103
Carbondale CO 81623
drummroll90@aol.com
225 North Mill Street, Suite 208
970 544-3442
Aspen CO 81611
mhoffman@emhlaw.net
4
E. Michael Hoffman, P.C.
cfi Garfield County
D D
D D
D D D D n D
D D D D D
D D
Project Description
Existing Use: __________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Proposed Use (From Use Table 3-403): _____________________________________________________
Description of Project: __________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Proposed Development Area
Land Use Type # of Lots # of Units Acreage Parking
Single Family
Duplex
Multi-Family
Commercial
Industrial
Open Space
Other
Total
REQUEST FOR WAIVERS
Submission Requirements
The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:
Section: ______________________________ Section: _________________________________
Section: ______________________________ Section: _________________________________
Waiver of Standards
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 Date
OFFICIAL USE ONLY
File Number: __ __ __ __ - __ __ __ __ Fee Paid: $_____________________________
Single-family residential
Single-family residential
The Applicant is proposing a subdivision of the existing property to create a vacant lot with the intent
that it be used for residential purposes by the future owner.
2 1 53.09
2 1 53.09
5.17.25Christian J Lewis
Attachment 3
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ELECTRIC
TRANSFORMER
WELL EASEMENT
BK. 1155 PG. 421 -~
LEGEND
INDICATES FOUND MONUMENT AS DESCRIBED.
INDICATES FOUND GOVT. MONUMENT AS DESCRIBED.
RPC 1¼" RED PLASTIC CAP ON #5 REBAR
YPC 1" YELLOW PLASTIC CAP ON #4 REBAR
ALC 1 ¼" ALUMINUM CAP ON #5 REBAR
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POWER POLE
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TRACT LINE
LINE LENGTH
L1 49.96
L2 154.31
L3 140.78
L4 38.67
L5 294.15
L6 279.56
L7 132,81
LB 24.61
L9 412.14
Ll0 38.67
Lll 396.98
Ll2 197.21
Ll3 9.58
Ll4 594.00
LIS 24.61
EM ELECTRIC METIER
BURIED PROPANE
--D/Jk--OVERHEAD UTILITY LINE
TABLE
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4020 COUNTY ROAD 103
GARFIELD COUNTY, COLORADO
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1) LEGAL DESCRIPTION:
A TRACT OF LAND SITUATED IN LOTS 1 AND 5 OF SECTION 13, TOWNSHIP 7 SOUTH. RANGE
88 WEST OF THE 6TH PRINCIPAL MERIDIAN AND ALSO IN THE WEST HALF OF LOT 13, IN
SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 8TH PRINCIPAL MERIDIAN,
GARFIELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 13 WHENCE A BRASS CAP FOUND IN
PLACE AND PROPERLY MARKED FOR THE NORTHEAST CORNER OF SAID SECTION 13 BEARS
N02'03'24"W, 804.85 FEET;
THENCE N88"46'49"E 1300.29 FEET ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT 13;
THENCE S01"13'25"E, 700.00 FEET;
THENCE N88"46'49"E, 18.05 FEET;
THENCE S00"43'28"E, 623.82 FEET TO A POINT IN A FENCE AS BUil T AND IN PLACE;
THENCE S88"39'26"W, 1288.54 FEET ON SAID FENCELINE;
THENCE S88"48'41"W, 533.50 FEET ON SAID FENCELINE;
THENCE NORTH 745.83 FEET;
THENCE N07"31'03"E, 72.91 FEET;
THENCE S89"20'12"E, 160.00 FEET;
THENCE N07"31"03"E, 550.28 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF
GARFIELD COUNTY ROAD NO. 103 AS BUILT AND IN PLACE;
THENCE N89"20'12"E, 81.42 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE;
THENCE S88"55'47"E, 158.33 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE;
THENCE S02"03'24"E, 49.96 FEET TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD, STATE OF COLORADO.
AND TOGETHER WITH
A TRACT OF LAND SITUATED IN LOT 1 OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST
OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO AND BEING
MORE PARTICULAR DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY LINE OF SAID LOT 1 WHENCE A
BRASS CAP FOUND IN PLACE AND PROPERLY MARKED FOR THE NORTHWEST CORNER OF
SAID SECTION 18 BEARS N42"58'03"W 1078.39 FEET;
THENCE S88"48'49"W 412.14 FEET ALONG THE SOUTHERLY BOUNDARY LINE OF SAID LOT 1;
THENCE N01 "13'25"W 38.67 FEET TO A POINT IN A FENCE AS BUILT AND IN PLACE;
THENCE S89"08'57"E 279.56 FEET IN SAID FENCE;
THENCE S89"35'08"E 132.81 FEET IN SAID FENCE;
THENCE S01"13'25"E 24.61 FEET TO THE POINT OF BEGINNING.
AND TOGETHER WITH
A TRACT OF LAND SITUATED IN LOT 1 OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST
OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STA TIE OF COLORADO AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY LINE OF SAID LOT 1 WHENCE A
BRASS CAP FOUND IN PLACE AND PROPERLY MARKED FOR THE NORTHWEST CORNER OF
SAID SECTION 18 BEARS N42"58'03"W 1078.39 FEET;
THENCE N01 "13'25"W 24.61 FEET TO A POINT IN A FENCE AS BUILT AND IN PLACE;
THENCE S89"35'08"E 396.98 FEET IN SAID FENCE;
THENCE N89"51'26"E 197.21 FEET IN SAID FENCE;
THENCE S01"13'25"E 9.58 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF SAID
LOT 1;
THENCE S88"48'49"W 594.00 FEET ALONG SAID SOUTHERLY BOUNDARY LINE TO THE POINT
OF BEGINNING.
AND TOGETHER WITH
A TRACT OF LAND SITUATED IN LOT 1 OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST
OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD. STA TIE OF COLORADO AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1 WHENCE A BRASS CAP FOUND IN
PLACE AND PROPERLY MARKED FOR THE NORTHWEST CORNER OF SAID SECTION 18 BEARS
N02"03'24"'W 804.85 FEET;
THENCE N02"03'24"W 49.96 FEET ALONG THE WESTIERL Y BOUNDARY LINE OF SAID LOT 1 TO
A POINT IN A FENCE AS BUil T AND IN PLACE;
THENCE S88"08'57"E 140.78 FEET IN SAID FENCE;
THENCE S01 "13"25"'E 38.67 FEET;
THENCE S88"48'49"W 294.15 FEET ALONG THE SOUTHERLY BOUNDARY LINE OF SAID LOT 1
TO THE POINT OF BEGINNING.
2) BASIS OF BEARING:
A BEARING OF S02"03'24"E BETWEEN A FOUND 2½" BRASS CAP ON A 2" IRON PIPE
BEING THE SECTION CORNER FOR 12/13, TOWNSHIP 7 SOUTH, RANGE 88 WEST AND 7 /18,
TOWNSHIP 7 SOUTH, RANGE 87 WEST AND A FOUND 2½" BRASS CAP ON A 2• IRON PIPE
BEING THE THE ¼ CORNER FOR SECTION 13, TOWNSHIP 7 SOUTH, RANGE 88 WEST AND
SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST. BOTH SET BY THE GARFIELD COUNTY
SURVEYOR IN 1966.
3) THIS SURVEY DOES NOT CONSTITUTE A TITILE SEARCH BY THIS SURVEYOR. TITLE
INFORMATION RELIED UPON FOR THE PREPARATION OF THIS SURVEY FURNISHED BY LAND
TITILE GUARANTY COMPANY, ORDER NO. BAR64003440, DATED 08/12/2020.
4) UNIT OF MEASUREMENT FOR THIS SURVEY IS THE U.S. SURVEY FOOT.
5) POSTED ADDRESS IS 4020 COUNTY ROAD 103.
6) PROPERTY SUBJECT TO EASEMENTS AND RIGHTS OF WAY FOR THE NEEDHAM DITCH
AND C&M DITCH.
SURVEYOR'S CERTIFICATE
I, MICHAEL P. LAFFERTY, HEREBY CERTIFY THAT THIS MAP ACCURATELY DEPICTS AN
IMPROVEMENT SURVEY PLAT PERFORMED UNDER MY SUPER\1SION ON 08/2020 OF THE
ABOVE DESCRIBED PARCEL OF LAND. THE LOCATION AND DIMENSIONS OF ALL
IMPROVEMENTS, EASEMENTS, RIGHTS-OF-WAY IN EVIDENCE OR KNOWN TO ME AND
ENCROACHMENTS BY OR ON THESE PREMISES ARE ACCURATELY SHOWN.
MICHAEL P. LAFFERTY PLS. # 37972
ASPEN
SURVEY
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DATE:
DATE SURVEYED: 08/2020
REVISED:
FILE NO: 2008187
CIJEN'r. SCHOEPE TRUST
NOTICE: According to Colorado law you must commence any legal action based
upon any defect in this survey within three years after you first discover such defect.
In no event may any action based upon any defect in this survey be commenced more
than ten years from the date of the certification shown hereon.
NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION
BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST
DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN
THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE
CERTIFICATION SHOWN HEREON.
ByNO.Date Project NO.RevisionDrawn By:
Checked By:
Date:
Computer File:
P.O. Box 1746
Rifle, CO 81650
Phone (970) 625-1954
Fax (970) 579-7150
www.peaksurveyinginc.com
S
NW
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P e a k S u r v ey ing, Inc.
Es t . 2 0 0 7
23057
1 OF 1
CHRISTIAN JOHN LEWIS
GARFIELD COUNTY, COLORADO
LEWIS MINOR SUBDIVISION PLAT
TR IN L1, 5 S13 R88 L13 S18 T7S R87W
4020 COUNTY ROAD 103
SMS
JRN
JANUARY 13, 2025
057.DWG
LEWIS MINOR SUBDIVISION PLAT
A TRACT OF LAND SITUATED IN LOTS 1 AND 5 OF SECTION 13, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH
PRINCIPAL MERIDIAN AND ALSO IN THE WEST HALF OF LOT 13 IN SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST
OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO
SUBJECT
PROPERTY
VICINITY MAP
SCALE: 1" = 2000'
CERTIFICATE OF DEDICATION AND OWNERSHIP
THE UNDERSIGNED, CHRISTIAN JOHN LEWIS, BEING SOLE OWNER IN FEE SIMPLE OF ALL THAT
REAL PROPERTY SITUATED IN GARFIELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS:
A TRACT OF LAND SITUATED IN LOTS 1 AND 5 OF SECTION 13, TOWNSHIP 7 SOUTH, RANGE
88 WEST OF THE 6TH PRINCIPAL MERIDIAN AND ALSO IN THE WEST HALF OF LOT 13 IN
SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN,
GARFIELD COUNTY, COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 13 WHENCE A BRASS CAP FOUND IN
PLACE AND PROPERLY MARKED FOR THE NORTHEAST CORNER OF SAID SECTION 13 BEARS
NORTH 02 DEGREES 03 MINUTES 24 SECONDS WEST, 804.85 FEET; THENCE NORTH 88 DEGREES
46 MINUTES 49 SECONDS EAST, 1300,29 FEET ALONG THE NORTHERLY BOUNDARY LINE OF
SAID LOT 13; THENCE SOUTH 01 DEGREES 13 MINUTES 25 SECONDS EAST, 700.00 FEET;
THENCE NORTH 88 DEGREES 46 MINUTES 49 SECONDS EAST, 18.05 FEET; THENCE SOUTH 00
DEGREES 43 MINUTES 28 SECONDS EAST, 623.82 FEET TO A POINT IN A FENCE AS BUILT AND
IN PLACE; THENCE SOUTH 89 DEGREES 39 MINUTES 26 SECONDS WEST, 1288.54 FEET ON SAID
FENCELINE : THENCE S 88 DEGREES 48 MINUTES 41 SECONDS WEST, 533.50 FEET ON SAID
FENCE LINE; THENCE NORTH 745.83 FEET; THENCE NORTH 07 DEGREES 31 MINUTES 03
SECONDS EAST, 72.91 FEET; THENCE SOUTH 89 DEGREES 20 MINUTES 12 SECONDS EAST,
160.00 FEET; THENCE NORTH 07 DEGREES 31 MINUTES 03 SECONDS EAST, 550.28 FEET TO A
POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF GARFIELD COUNTY ROAD NO. 103 AS
BUILT AND IN PLACE; THENCE NORTH 89 DEGREES 20 MINUTES 12 SECONDS EAST, 81.42 FEET
ALONG SAID SOUTHERLY RIGHT OF WAY LINE; THENCE SOUTH 88 DEGREES 55 MINUTES 47
SECONDS EAST, 156.33 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE; THENCE SOUTH
02 DEGREES 03 MINUTES 24 SECONDS EAST, 49,96 FEET TO THE POINT OF BEGINNING.
AND TOGETHER WITH
A TRACT OF LAND SITUATED IN LOT 1 OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF
THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY
BOUNDARY LINE OF SAID LOT 1 WHENCE A BRASS CAP FOUND IN PLACE AND PROPERLY
MARKED FOR THE NORTHWEST CORNER OF SAID SECTION 18 BEARS NORTH 42°58'03" WEST
1078.39 FEET; THENCE SOUTH 88°46'49" WEST 412.14 FEET ALONG THE SOUTHERLY BOUNDARY
LINE OF SAID LOT I; THENCE NORTH 01°13'25" WEST 38.67 FEET TO A POINT IN A FENCE AS BUILT
AND IN PLACE; THENCE SOUTH 89°08'57" EAST 279,56 FEET IN SAID FENCE; THENCE SOUTH
89°35'08" EAST 132.81 FEET IN SAID FENCE; THENCE SOUTH 01°13'25" EAST 24.61 FEET TO THE
POINT OF BEGINNING.
AND TOGETHER WITH
A TRACT OF LAND SITUATED IN LOT 1 OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF
THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY
BOUNDARY LINE OF SAID LOT 1 WHENCE A BRASS CAP FOUND IN PLACE AND PROPERLY
MARKED FOR THE NORTHWEST CORNER OF SAID SECTION 18 BEARS NORTH 42°58'03" WEST
1078.39 FEET; THENCE NORTH 01°13'25" WEST 24.61 FEET TO A POINT IN A FENCE AS BUILT AND IN
PLACE; THENCE SOUTH 89°35'08" EAST 396.98 FEET IN SAID FENCE; THENCE NORTH 89°51'26" EAST
197.21 FEET IN SAID FENCE; THENCE SOUTH 01°13'25" EAST 9.58 FEET TO A POINT ON THE
SOUTHERLY BOUNDARY LINE OF SAID LOT I; THENCE SOUTH 88°46'49" WEST 594.00 FEE I ALONG
SAID SOUTHERLY BOUNDARY LINE TO THE POINT OF BEGINNING.
AND TOGETHER WITH
A TRACT OF LAND SITUATED IN LOT 1 OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF
THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT
1 WHENCE A BRASS CAP FOUND IN PLACE AND PROPERLY MARKED FOR THE NORTHWEST
CORNER OF SAID SECTION 18 BEARS NORTH 02°03'24" WEST 804.85 FEET; THENCE NORTH 02°03'24"
WEST 49.96 FEET ALONG THE WESTERLY BOUNDARY LINE OF SAID LOT 1 TO A POINT IN A FENCE
AS BUILT AND IN PLACE; THENCE SOUTH 88°55'47" EAST 154.31 FEET IN SAID FENCE; THENCE
SOUTH 89°08'57" EAST 140.78 FEET IN SAID FENCE; THENCE SOUTH 01°13'25" EAST 38.67 FEET;
THENCE SOUTH 88°46'49" WEST 294.15 FEET ALONG THE SOUTHERLY BOUNDARY LINE OF SAID
LOT 1 TO THE POINT OF BEGINNING.
AND TOGETHER WITH
THAT PORTION OF LAND AS DESCRIBED IN QUIT CLAIM DEED RECORDED DECEMBER 8, 2020 AS
RECEPTION NO. 946644.
COUNTY OF GARFIELD STATE OF COLORADO
CONTAINING 53.042 ACRES MORE OR LESS
HAS [HAVE] BY THESE PRESENTS LAID OUT AND PLATTED THE SAME AS SHOWN ON THIS PLAT
UNDER THE NAME AND STYLE OF THE LEWIS MINOR SUBDIVISION PLAT, A MINOR
SUBDIVISION PLAT OF LANDS IN THE COUNTY OF GARFIELD. THE OWNER DOES HEREBY
DEDICATE AND SET APART ALL OF THE STREETS AND ROADS AS SHOWN ON THE
ACCOMPANYING PLAT TO THE USE OF THE PUBLIC FOREVER, AND HEREBY DEDICATE(S) TO
THE PUBLIC UTILITIES THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED AS
UTILITY EASEMENTS ON THE ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE
INSTALLATION AND MAINTENANCE OF UTILITIES, IRRIGATION AND DRAINAGE FACILITIES
INCLUDING, BUT NOT LIMITED TO, ELECTRIC LINES, GAS LINES AND TELEPHONE LINES,
TOGETHER WITH THE RIGHT TO TRIM INTERFERING TREES AND BRUSH, WITH PERPETUAL
RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH LINES.
SUCH EASEMENT AND RIGHTS SHALL BE UTILIZED IN A REASONABLE AND PRUDENT MANNER.
ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THE SELLER
OR PURCHASER, NOT BY THE COUNTY OF GARFIELD.
EXECUTED THIS ____ DAY OF _______________, A.D., 20__.
OWNER:
ADDRESS:
STATE OF COLORADO )
: SS
COUNTY OF GARFIELD)
THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED
BEFORE ME THIS ____ DAY OF _______________, A.D., 20__, BY .
MY COMMISSION EXPIRES: .
WITNESS MY HAND AND OFFICIAL SEAL.
NOTARY PUBLIC
SURVEYOR'S CERTIFICATE
I, JASON R. NEIL, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED
UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS MINOR SUBDIVISION PLAT IS A
TRUE, CORRECT AND COMPLETE PLAT OF THE LEWIS MINOR SUBDIVISION PLAT, AS LAID OUT,
PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH MINOR SUBDIVISION PLAT WAS MADE
FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME, OR UNDER MY SUPERVISION, AND
CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS
OF SAID PLAT AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WITH APPLICABLE
REGULATIONS GOVERNING THE SUBDIVISION OF LAND.
IN WITNESS WHEREOF, I HAVE SET MY HAND AND SEAL THIS ____ DAY OF , A.D.,
20__.
BY:
JASON R. NEIL, P.L.S. NO. 37935
FOR AND ON BEHALF OF
PEAK SURVEYING, INC.
CLERK AND RECORDER'S CERTIFICATE
THIS MINOR SUBDIVISION PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND
RECORDER OF GARFIELD COUNTY, COLORADO, AT ____ O'CLOCK _____, ON THIS ____ DAY OF
, 20__, AND IS DULY RECORDED AS RECEPTION NO. .
CLERK AND RECORDER
BY:
DEPUTY
COUNTY SURVEYOR'S CERTIFICATE
APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS,
CALCULATIONS OR DRAFTING, PURSUANT TO C.R.S. § 38-51-101 AND 102, ET SEQ.
DATED THIS _____ DAY OF , A.D., 20__.
GARFIELD COUNTY SURVEYOR
FILING INFORMATION: SECTION 13, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M. AND
SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH P.M.
TITLE CERTIFICATE
I, , AGENT AUTHORIZED BY LAND TITLE GUARANTEE COMPANY AS
AGENT FOR OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, DO HEREBY CERTIFY
THAT I HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS MINOR SUBDIVISION
PLAT AND THAT TITLE TO SUCH LANDS IS VESTED IN
, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES (INCLUDING MORTGAGES,
DEEDS OF TRUST, JUDGMENTS, EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD
AFFECTING THE REAL PROPERTY IN THIS PLAT), EXCEPT AS FOLLOWS:
.
DATED THIS _____ DAY OF , A.D., 20__.
LAND TITLE GUARANTEE COMPANY, AS AGENT FOR OLD REPUBLIC NATIONAL TITLE
INSURANCE COMPANY.
AGENT:
CERTIFICATE OF TAXES PAID
I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND
ASSESSMENTS DUE AND PAYABLE AS OF , UPON ALL PARCELS
OF REAL ESTATE DESCRIBED ON THIS PLAT ARE PAID IN FULL.
DATED THIS _____ DAY OF , A.D., 20__.
TREASURER OF GARFIELD COUNTY
PRE
L
I
M
NOTES:
1) THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS, BUILDING
SETBACKS AND EASEMENTS OF RECORD, OR IN PLACE AND EXCEPTIONS TO TITLE SHOWN IN
THE TITLE COMMITMENT PREPARED BY OLD REPUBLIC NATIONAL TITLE INSURANCE
COMPANY, ORDER NO. BAR64003655, DATED EFFECTIVE DECEMBER 8, 2020.
2) THE DATE OF THIS SURVEY WAS AUGUST 15, AND 29, 2023.
3) BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF N 89°24'34" E BETWEEN THE
SOUTHWEST CORNER OF LOT B, A NO. 4 REBAR AND YELLOW PLASTIC CAP ILLEGIBLE FOUND
IN PLACE AND THE SOUTHEAST CORNER OF LOT A, A NO. 5 REBAR AND YELLOW PLASTIC CAP
ILLEGIBLE FOUND IN PLACE.
4)UNITS OF MEASURE FOR ALL DIMENSIONS SHOWN HEREON IS U.S. SURVEY FEET.
5) THIS SURVEY IS BASED ON THE SPECIAL WARRANTY DEED RECORDED DECEMBER 8, 2020 AS
RECEPTION NO. 946644 IN THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE AND
CORNERS FOUND IN PLACE.
6)EASEMENTS OF RECORD ARE NOT SHOWN ON THIS BOUNDARY LINE ADJUSTMENT AS
REQUESTED.
7) THE PURPOSE OF THIS MINOR SUBDIVISION PLAT IS TO SUBDIVIDE THE AREA SHOWN INTO 2
LOTS.
8)CONTROL OF NOXIOUS WEEDS IS THE RESPONSIBILITY OF THE PROPERTY OWNER.
9) NO OPEN HEARTH SOLID-FUEL FIREPLACES WILL BE ALLOWED ANYWHERE WITHIN THE SUBDIVISION.
ONE NEW SOLID-FUEL BURNING STOVE AS DEFINED BY C.R.S. 25-7-401, ET.SEQ., AND THE REGULATIONS
PROMULGATED THEREUNDER, WILL BE ALLOWED IN ANY DWELLING UNIT. ALL DWELLING UNITS WILL
BE ALLOWED AN UNRESTRICTED NUMBER OF NATURAL GAS BURNING STOVES AND APPLIANCES.
10) ALL EXTERIOR LIGHTING SHALL BE THE MINIMUM AMOUNT NECESSARY AND THAT ALL EXTERIOR
LIGHTING SHALL BE DIRECTED INWARD AND DOWNWARD, TOWARDS THE INTERIOR OF THE
SUBDIVISION, EXCEPT THAT PROVISIONS MAY BE MADE TO ALLOW FOR SAFETY LIGHTING THAT GOES
BEYOND THE PROPERTY BOUNDARIES.
11) COLORADO IS A “RIGHT-TO-FARM” STATE PURSUANT TO C.R.S. 35-3-11, ET. SEQ. LANDOWNERS,
RESIDENTS AND VISITORS MUST BE PREPARED TO ACCEPT THE ACTIVITIES, SIGHTS, SOUNDS AND
SMELLS OF GARFIELD COUNTY'S AGRICULTURAL OPERATIONS AS A NORMAL AND NECESSARY ASPECT
OF LIVING IN A COUNTY WITH A STRONG RURAL CHARACTER AND A HEALTHY RANCHING SECTOR.
THOSE WITH AN URBAN SENSITIVITY MAY PERCEIVE SUCH ACTIVITIES, SIGHTS, SOUND, AND SMELLS
ONLY AS INCONVENIENCE, EYESORE, NOISE AND ODOR. HOWEVER, STATE LAW AND COUNTY POLICY
PROVIDE THAT RANCHING, FARMING AND OTHER AGRICULTURAL ACTIVITIES AND OPERATIONS
WITHIN GARFIELD COUNTY SHALL NOT BE CONSIDERED TO BE NUISANCES SO LONG AS OPERATED IN
CONFORMANCE WITH THE LAW AND IN A NON-NEGLIGENT MANNER. THEREFORE, ALL MUST BE
PREPARED TO ENCOUNTER NOISES, ODOR, LIGHTS, MUD, DUST, SMOKE, CHEMICALS, MACHINERY ON
PUBLIC ROADS, LIVESTOCK ON PUBLIC ROADS, STORAGE AND DISPOSAL OF MANURE, AND THE
APPLICATION BY SPRAYING OR OTHERWISE OF CHEMICAL FERTILIZERS, SOIL AMENDMENT, HERBICIDE,
AND PESTICIDES, ANY ONE OR MORE OF WHICH MAY NATURALLY OCCUR AS PART OF LEGAL AND
NON-NEGLIGENT AGRICULTURAL OPERATIONS.
12) ALL OWNERS OF LAND, WHETHER RANCH OR RESIDENCE, HAVE OBLIGATIONS UNDER STATE LAW AND
COUNTY REGULATIONS WITH REGARD TO THE MAINTENANCE OF FENCES AND IRRIGATION DITCHES,
CONTROLLING WEEDS, KEEPING LIVESTOCK AND PETS UNDER CONTROL, USING PROPERTY IN ACCORDANCE WITH
ZONING, AND OTHER ASPECTS OF USING AND MAINTAINING PROPERTY. RESIDENTS AND LANDOWNERS ARE
ENCOURAGED TO LEARN ABOUT THESE RIGHTS AND RESPONSIBILITIES AN ACT AS GOOD NEIGHBORS AND
CITIZENS OF THE COUNTY. A GOOD INTRODUCTORY SOURCE FOR SUCH INFORMATION IS “A GUIDE TO RURAL
LIVING & SMALL SCALE AGRICULTURE” PUT OUT BY THE COLORADO STATE UNIVERSITY EXTENSION OFFICE IN
GARFIELD COUNTY.
13) THE MINERAL RIGHTS ASSOCIATED WITH THIS PROPERTY MAY NOT BE TRANSFERRED WITH THE
SURFACE ESTATE THEREFORE ALLOWING THE POTENTIAL FOR NATURAL RESOURCE EXTRACTION ON
THE PROPERTY BY THE MINERAL ESTATE OWNER(S) OR LESSEE(S).
14) DOGS KEPT ON THE PROPERTY SHALL BE IN A FENCED YARD OR ON A LEASH TO PREVENT
HARASSMENT OF WILDLIFE.
15) FENCING ON THE PROPERTY SHALL COMPLY WITH THE COLORADO PARKS AND WILDLIFE
SPECIFICATIONS FOR WILDLIFE-FRIENDLY FENCING.
16) ENGINEER-DESIGNED SEPTIC SYSTEMS ARE REQUIRED WITHIN THIS SUBDIVISION.
17) ENGINEER-DESIGNED FOUNDATIONS ARE REQUIRED WITHIN THIS SUBDIVISION.
COUNTY COMMISSIONERS' CERTIFICATE
THIS MINOR SUBDIVISION PLAT IS APPROVED BY THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO, THIS ____ DAY OF _______________, A.D., 20__, FOR FILING WITH
THE CLERK AND RECORDER OF GARFIELD COUNTY AND FOR CONVEYANCE TO THE COUNTY OF
THE PUBLIC DEDICATIONS SHOWN HEREON, SUBJECT TO THE PROVISION THAT APPROVAL IN NO
WAY OBLIGATES GARFIELD COUNTY FOR THE FINANCING OR CONSTRUCTION OF
IMPROVEMENTS ON LANDS, PUBLIC ROADS, HIGHWAYS OR EASEMENTS DEDICATED TO THE
PUBLIC, EXCEPT AS SPECIFICALLY AGREED TO BY THE BOARD OF COUNTY COMMISSIONERS BY
SUBSEQUENT RESOLUTION. THIS APPROVAL SHALL IN NO WAY OBLIGATE GARFIELD COUNTY
FOR THE CONSTRUCTION, REPAIR OR MAINTENANCE OF PUBLIC ROADS, HIGHWAYS OR ANY
OTHER PUBLIC DEDICATIONS SHOWN HEREON.
__________
CHAIRMAN, BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
WITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD.
ATTEST:
COUNTY CLERK
LIENHOLDER CONSENT AND SUBORDINATION CERTIFICATE
THE UNDERSIGNED, BEING THE BENEFICIARY UNDER A DEED OF TRUST GRANTED BY THE
OWNER RECORDED DATE AS RECEPTION NO. # UPON THE REAL PROPERTY PLATTED AND
DIVIDED AS SHOWN UPON THE WITHIN MINOR SUBDIVISION PLAT, CERTIFIES THAT THE
UNDERSIGNED HAS REVIEWED THE MINOR SUBDIVISION PLAT AND BY THIS CERTIFICATION
HEREBY CONSENTS TO SAID MINOR SUBDIVISION PLAT AND TO THE RECORDING THEREOF.
BENEFICIARY FURTHER CONSENTS TO SAID MINOR SUBDIVISION PLAT AS STATED IN THE
CERTIFICATE OF DEDICATION AND OWNERSHIP EXECUTED BY THE OWNER HEREON, AND
HEREBY SUBORDINATES ANY INTEREST THAT BENEFICIARY MAY HAVE IN AND TO THE
PROPERTY SUBJECT TO SUCH DEDICATION, TO THE ENTITY(IES) OR THE GENERAL PUBLIC TO
WHICH SUCH DEDICATION IS MADE.
EXECUTED THIS ____ DAY OF _______________, A.D., 20__.
LIENHOLDER: NAME
STATE OF COLORADO )
: SS
COUNTY OF GARFIELD)
THE FOREGOING LIENHOLDER CONSENT AND SUBORDINATION WAS ACKNOWLEDGED BEFORE
ME THIS ____ DAY OF _________________, A.D., 20__, BY AS AUTHORIZED
AGENT FOR LIENHOLDER NAME.
MY COMMISSION EXPIRES: .
WITNESS MY HAND AND OFFICIAL SEAL.
NOTARY PUBLIC
Attachment 4
W
X
X
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XXXX
X
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X
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X X X X X X X X X X X X X X X X
X
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X
GATEGATEGATE
GATE
GATE
NO. 5 REBAR FOUND
0.15' BELOW GROUND
NO. 5 REBAR AND 1.25"
YELLOW PLASTIC CAP
P.L.S. NO. 14111 FOUND
0.02' ABOVE GROUND
NO. 5 REBAR AND 1.25"
YELLOW PLASTIC CAP
P.L.S. NO. 14111 FOUND
NO. 5 REBAR AND 1.25"
YELLOW PLASTIC CAP
P.L.S. NO. 14111 FOUND
NO. 5 REBAR WITH 1.5"
ALUMINUM CAP
P.L.S. NO. 14111
FOUND OFF REBAR
NO. 4 REBAR AND 1.25"
YELLOW PLASTIC CAP
ILLEGIBLE FOUND
1" ALUMINUM ROD WITH
3.25" BLM ALUMINUM CAP
STAMPED S13 S18 AP, 2000
NO. 5 REBAR WITH 1.25"
RED PLASTIC CAP
ILLEGIBLE FOUND
NO. 5 REBAR WITH 1.25"
YELLOW PLASTIC CAP
ILLEGIBLE FOUND
0.03' ABOVE GROUND
NO. 5 REBAR WITH
1.5" ALUMINUM CAP
P.L.S. NO. 28036 FOUND
NO. 5 REBAR WITH 1.5"
ALUMINUM CAP
P.L.S. NO. 20836 FOUND
FLUSH WITH GROUND
FENCE
TYPICAL
FENCE
TYPICAL
CRYSTAL SPRINGS ROAD/ COUNTY ROAD 103
N 89°20'12" E 160.00' (DEED)
N 89°44'41" E 160.23' (FIELD)
N
0
0
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0
0
'
2
4
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E
74
6
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8
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(
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N
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"
E
74
5
.
8
3
'
(
D
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E
D
)
S 88°47'31" W 527.83' (FIELD)
S 88°48'41" W 533.50' (DEED)
S 89°39'41" W 1294.15' (FIELD)
S 89°39'26" W 1288.54' (DEED)
S
0
0
°
4
3
'
2
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"
E
62
3
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62
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S
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E
70
8
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E
70
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N
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7
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E
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)
N
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'
1
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"
E
5
4
7
.
1
8
'
(
F
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E
L
D
)
FENCE
N 88°46'49" E 18.05' (DEED)
N 88°44'03" E 17.96' (FIELD)
N 89°20'12" E 81.42' (DEED)
N 88°46'12" E 81.83' (FIELD)
PARCEL IN DEED 946644
WITH ALL INCLUSIONS
53.042 ACRES ±
LOT A
35.192 ACRES ±
LOT B
17.850 ACRES ±
N 89°24'34" E BASIS OF BEARINGS
TOGETHER WITH DESC. NO. 3
PER RECEPTION NO. 946644
TOGETHER WITH DESC. NO. 1
PER RECEPTION NO. 946644
TOGETHER WITH DESC. NO. 2
PER RECEPTION NO. 946644
S
0
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°
1
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'
4
7
"
E
7
0
5
.
2
8
'
LUCKY ONES RANCH LLC
QUIT CLAIM DEED 989891
RANCH AT PORCUPINE RIDGE LLC
SPECIAL WARRANTY DEED 983198
TIMOTHY M RAFFERTY JR & KIMBERLY TRENCHARD
QUIT CLAIM DEED 935869
MI
C
H
A
E
L
R
F
L
E
A
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E
&
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N
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H
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8
9
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PA
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9
6
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6
8
5
FRANCES LEWIS
SPECIAL WARRANTY DEED 975826
CHARMAINE & SURLS, &
JAMES ARTHUR LOCKE
QUIT CLAIM DEED 901858
EVAN EUSTIS TRUST - 1988
BARGAIN & SALE DEED 984064
SUSAN D PROCTOR & CAREY G BRINGLE FAMILY TRUST
BARGAIN & SALE DEED 848078 ZACHARY L LUCIDO
SPECIAL WARRANTY DEED 946754 PAUL B LUGINBUHL
SPECIAL WARRANTY DEED 812628
NO. 5 REBAR AND 1.25"
YELLOW PLASTIC CAP
P.L.S. NO. 37935 TO BE
SET (TYP.)
NO. 5 REBAR AND 1.25"
YELLOW PLASTIC CAP
P.L.S. NO. 37935 TO BE
SET (TYPICAL)
S
0
1
°
1
3
'
4
7
"
E
70
5
.
2
8
'
NO. 5 REBAR WITH 1.5"
ALUMINUM CAP
P.L.S. NO. 28036 FOUND
NO. 4 REBAR FOUND
0.06' ABOVE GROUND
BEARS N 85°44'56" E, 33.51'
N 80°23'5 6" E
33.96'
N 89°50'37" E 196.64'S 89°35'57" E 529.79'S 89°09'46" E 420.34'
150.87'269.47'
S 88°56'36" E 154.31'
S 88°55'47" E 156.33' (DEED)
S 88°57'40" E 156.63' (FIELD)
N 01°11'27" W 1.98'
NO. 5 REBAR FOUND
0.18' BELOW GROUND
NO. 5 REBAR WITH 1.5"
ALUMINUM CAP
ILLEGIBLE FOUND
0.30' BELOW GROUND
S 1
0
°
4
8
'
5
3
"
W
1
3
7
0
.
8
8
'
NO. 5 REBAR AND 1.25"
YELLOW PLASTIC CAP
P.L.S. NO. 37935 TO BE SET (TYP.)
8.46'
N 07°31'03" E 72.91' (DEED)
N 07°28'43" E 73.17' (FIELD)
QUIT CLAIM DEED FROM
EUSTIS TO MACKIE PER
REC. NO. 370144.
BARGAIN AND SALE DEED
REC. NO. 984064 DOES NOT
REFLECT THE REC. NO.
370144 TRANSFER
50' X 50' ACCESS
EASEMENT PER
REC. NO. 370998
WELL EASEMENT
10' RADIUS PER
REC. NO. 370998
APPARENT GAP
EXISTING
WELL
NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION
BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST
DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN
THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE
CERTIFICATION SHOWN HEREON.
ByNO.Date Project NO.RevisionDrawn By:
Checked By:
Date:
Computer File:
P.O. Box 1746
Rifle, CO 81650
Phone (970) 625-1954
Fax (970) 579-7150
www.peaksurveyinginc.com
S
NW
E
P e a k S u r v ey ing, Inc.
Es t . 2 0 0 7
23057
1 OF 1
CHRISTIAN JOHN LEWIS
GARFIELD COUNTY, COLORADO
LEWIS MINOR SUBDIVISION
TR IN L1, 5 S13 R88 L13 S18 T7S R87W
4020 COUNTY ROAD 103
SMS
JRN
JANUARY 13, 2025
057.DWG
PRE
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W
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60
90
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240
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330
P
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ak
S u r v e y i ng,
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0100 100 200 40050
LEWIS MINOR SUBDIVISION PLAT
A TRACT OF LAND SITUATED IN LOTS 1 AND 5 OF SECTION 13, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH
PRINCIPAL MERIDIAN AND ALSO IN THE WEST HALF OF LOT 13 IN SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST
OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO
I
I
I
GRAPHIC SCALE --------~ •_111111_111111_111111_111111_111111_111111~
( IN FEET )
1 inch = 100 ft.
\ \
~~~_J_ ~~~ ~ -
__;;.~~~~L-~ I\ ~ I I I/~
I
I
I
I
L
WELL TEST & INSPEC TION REPORT
DATE: MAY 6 2025
HIGH COUNTRY PUMP SERVICES
PROPERTY ADDRESS:
WELL DEPTH:
CASING SIZE:
T EST DURATION:
highcountrypump@gmail.com
(970) 618-7784
4020 COUNTY ROAD 103 #268394
STATIC WATER LEVEL: ~
DRAW DOWN LEVEL: .9.9..Z.'.
4 HOURS PRODUCTION RATE : 2.3±.J,fM
WELL RECOVERY TIME: 6 SECONDS
I WILL SEND AN ESTIMATE FOR RECOMMENDED REPAIRS IF REQUESTED.
PLEASE CALL W ITH ANY QUESTIONS ,
LEVI SH ERMAN. OWNER,
HIGH COUNTRY PUMP SERVICES LLC
WEL L TEST & IN SPECTI ON REPORT
DATE : MAY 7, 2025
HIGH COUNTRY PUMP SERVICES
PROPE RTY ADDRESS:
WELL DEPTH:
CASING SIZE:
TEST DURATIO N:
highcountrypump@gmail.com
(970) 618-7784
4020 COUNTY ROAD 103 #268393
STATIC WATER LEVEL: .lilZ..Z'.
DRAW DOWN LEVEL: .10L.9:
4 HOURS PRODUCTION RATE : ~
WELL RECOVERY T IME: 1 SECOND
I WI LL SEND AN ESTIMAT E FOR RECOMMENDED REPAIRS IF REQUESTED.
PLEASE CALL W ITH ANY QUESTIONS .
LEVI SHERMA N, OWNER.
HIGH COUNTRY PUMP SERVICES LLC
3834
4020 CR109 w#2
3/27 10 :30 LS
Public drinking water supply limits are given for reference.
Tested parameters exceeding the limits are as follows:
The turbidity is over the limit and turbidity ca11 interfere
with disinfection.
Iron was present at a concentration greater tha..11 the limit.
Iron can cause staining and a metallic taste.
Not all factors which might be harmful were tested, but the
analysis performed covers many common problems.
For more information regarding drinking water safety, call
the EPA Safe Drinking Water Ho t line at 1-800-426-4791.
Page 2 of 2
. -ANALYTICAL REPORT -
High Country Pump
Received from: 111 Mark e t Dr
Glenwood Springs CO 81601
3834 water
Customer No. _________ Laboratory No. __________ Sample
3/28/24 4/5/24 Date Received _______________ Date Reported _______________ _
3834 Lab nwnber
Sample ID 4020 CR109 w#2
3/27 10:30 LS
Arsenic(As)
Barium(Ba)
Cadmium(Cd)
Chromium(Cr)
Fluoride(F)
Lead(Pb)
Mercury(Hg)
Nitrate(N)
Selenium(Se)
Silver(Ag)
Color(Co/Pt unit)
pH
Conductivity@25 deg. C
Sodium(Na)
Calc i um(Ca)
Magnesium(Mg)
Potassium(K)
Chloride(Cl)
Sulfate(S04)
Phenol. Alkalinity(CaC03)
Total Alkalinity(CaC03)
Bicarbonate(HC03)
Carbonate(C03)
Dissolved Solids
Hardness (CaC03)
Turbidity(NTU)
Boron(B)
Copper(Cu)
Iron(Fe)'
Manganese(Mn)
Molybdenum(Mo)
Ammonia(N)
Phosphate(P)
Zinc(Zn)
Total Coliform Bacteria
0. 000 mg/1
.02 mg/1
0 .0000 mg/1
0. 000 mg/1
0. 35 rng/1
0.002 mg/1
0. 00000 mg/1
1.17 mg/1
·o. 005 rng/1
0 .0000 mg/1
5
7.30
484 umhos / cm
18 mg/1
36 mg/1
21 mg/1
4 mg/1
5 rng/1 .
26 mg/1
0 mg/1
204 mg/1
247 mg/1
O mg/1
343 mg/1
176 rng/1
3 NTU
0.00 mg/1
0.000 mg/1
1. 53 mg/1
• 0. 050 mg/1
O. 000 mg/1
0.09 mg/1
O .14 rng/1
0. 011 mg/1
page 1 of
0 cfu/100rnl
2 this sample
Li mi ts for DriP-~ing Supplies
by Colo. Dept. Health
0.01 mg/1
. 2.0 mg/1
0.005 mg/1
0.1 mg/1
4 rrig/ 1
0. 015 mg/1
0.002 mg/1
10. 0 mg/1
0. 05 mg/1
0.05mg/l
15 ·
6.5-8.5 is acceptable
no official limit
20 mg/1
no official limit
125 mg/1
no official limit
2!:50 mg/1
250 mg/1 .
no official limit
no official limit
no official limit
no offi cial limit
500 mg/1
200 mg/1
1 NTU
no official limit
1..3 mg/1
0 .3 mg/1
0 .05mg/l
no official limit
no official limit
no official limit
5.0 mg/1
<lcfu /lOOml
Lab Dir.: Brian S. Bauer
ORIGINAL PERMIT APPLICANT(S)
CHAIR VISTA LLC
APPROVED WELL LOCATION
Water Division:
Designated Basin:
Management District:
County:
Parcel Name:
5
N/A
N/A
GARFIELD
N/A
Water District:38
Well to be constructed on specified tract of land
Northing:4369028.7
UTM COORDINATES (Meters, Zone:13, NAD83)
314370.0Easting:
WELL PERMIT NUMBER 12969-
RECEIPT NUMBER 9113606
See the original well permit file for permit conditions of approval and additional details. The original permit file can be viewed
using the Well Permit Search Tool at https://dwr.colorado.gov/
9/24/1962
N/A
Issued By
Expiration Date:
Date Issued:
PERMIT HISTORY
04-28-2025 CHANGE IN OWNER NAME/MAILING ADDRESS. CHANGED TO CHRISTIAN J. LEWIS
NW 1/4 NW 1/4 Section 18 Township 7.0 S Range 87.0 W Sixth P.M.
Physical Address:4020 COUNTY ROAD 103 CARBONDALE,
CO 81623
For questions about this permit call 303.866.3581 or go to https://dwr.colorado.gov Page 1 of 1Printed 04-28-2025
Attachment 6a
See Original Pemul.
COLORADO
Division of Water Resources
Depa rtment of Natura l Re sources
ORIGINAL PERMIT APPLICANT(S)
JOHN MACKIE
APPROVED WELL LOCATION
Water Division:
Designated Basin:
Management District:
County:
Parcel Name:
5
N/A
N/A
GARFIELD
N/A
Water District:38
Well to be constructed on specified tract of land
Northing:4369147.7
UTM COORDINATES (Meters, Zone:13, NAD83)
314409.3Easting:
WELL PERMIT NUMBER 36583-
RECEIPT NUMBER 9114033
See the original well permit file for permit conditions of approval and additional details. The original permit file can be viewed
using the Well Permit Search Tool at https://dwr.colorado.gov/
6/21/1969
N/A
Issued By
Expiration Date:
Date Issued:
PERMIT HISTORY
04-17-2025 CHANGE IN OWNER NAME/MAILING ADDRESS. CHANGED TO CHRISTIAN J. LEWIS
NW 1/4 NW 1/4 Section 18 Township 7.0 S Range 87.0 W Sixth P.M.
Physical Address:4020 COUNTY ROAD 103 CARBONDALE,
CO 81623
For questions about this permit call 303.866.3581 or go to https://dwr.colorado.gov Page 1 of 1Printed 04-17-2025
See Original Pemul.
COLORADO
Division of Water Resources
Depa rtment of Natura l Re sources
ORIGINAL PERMIT APPLICANT(S)
CHAIR VISTA LLC
APPROVED WELL LOCATION
Water Division:
Designated Basin:
Management District:
County:
Parcel Name:
5
N/A
N/A
GARFIELD
N/A
Water District:38
Well to be constructed on specified tract of land
Northing:4369142.6
UTM COORDINATES (Meters, Zone:13, NAD83)
314298.0Easting:
WELL PERMIT NUMBER 268393-
RECEIPT NUMBER 9502434C
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1)This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not
ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking
relief in a civil court action.
2)The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a
variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in
accordance with Rule 18.
3)Approved pursuant to CRS 37-92-602(3)(b)(I) for uses as described in CRS 37-92-602(1)(f). Use of this well is limited to
monitoring water levels and/or water quality sampling. This well is known as Cowgill Well no. 3 (cross-reference, Ursula M.
Cowgill Augmentation Plan, Division 5 Water Court, case no. 03CW074).
4)Approved as a well on a tract of land of 53.11 acres described as that portion of the NW 1/4 of the NW 1/4, Sec. 18, Twp. 7
South, Rng. 87 West, 6th P.M., Garfield County, more particularly described on the attached exhibit A. Further identified as
4020 County Road 103, Carbondale, CO 81623.
5)This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The
well must be kept capped and locked at all times except during sampling or measuring.
6)Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to the
Division of Water Resources upon request.
7)Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Well
Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60
days of plugging.
8)The owner shall mark the well in a conspicuous place with the well permit number(s) and name of aquifer as appropriate, and
shall take necessary means and precautions to preserve these markings.
9)This well must be constructed by or under the supervision of a licensed well driller or other authorized individual according to
the Water Well Construction Rules. If non-standard construction is anticipated, a variance request must be submitted in
accordance with Rule 18 and approved prior to well construction.
10)A Well Construction and Test Report (Form GWS-31), including lithologic log must be submitted by the individual authorized to
construct the well. For non-standard construction, the report must include an as-built drawing showing details such as depth,
casing, perforated zones, and a description of the grouting type and interval.
11)This well shall be constructed not more than 200 feet from the location specified on this permit.
NOTE: Parcel Identification Number (PIN): 23-2391-182-00-152
NOTE: Assessor Tax Schedule Number: R111579 (totaling 53.11 acres)
NW 1/4 NW 1/4 Section 18 Township 7.0 S Range 87.0 W Sixth P.M.
Physical Address:4020 COUNTY ROAD 103 CARBONDALE,
CO 81623
For questions about this permit call 303.866.3581 or go to https://dwr.colorado.gov Page 1 of 2Printed 04-17-2025
COLORADO
Division of Water Resources
Depa rtment of Natura l Re sources
4/14/2006
4/14/2008
Issued By
Expiration Date:
Date Issued:
PERMIT HISTORY
04-17-2025 CHANGE IN OWNER NAME/MAILING ADDRESS. CHANGED TO CHRISTIAN J. LEWIS
01-09-2014 CHANGE IN OWNER NAME/MAILING ADDRESS
For questions about this permit call 303.866.3581 or go to https://dwr.colorado.gov Page 2 of 2Printed 04-17-2025
WELL PERMIT NUMBER 268393-RECEIPT NUMBER 9502434C
I See Orig••' Pem,O
ORIGINAL PERMIT APPLICANT(S)
CHAIR VISTA LLC
APPROVED WELL LOCATION
Water Division:
Designated Basin:
Management District:
County:
Parcel Name:
5
N/A
N/A
GARFIELD
N/A
Water District:38
Well to be constructed on specified tract of land
Northing:4369058.7
UTM COORDINATES (Meters, Zone:13, NAD83)
314297.2Easting:
WELL PERMIT NUMBER 268394-
RECEIPT NUMBER 9502434D
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1)This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not
ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking
relief in a civil court action.
2)The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a
variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in
accordance with Rule 18.
3)Approved pursuant to CRS 37-92-602(3)(b)(I) for uses as described in CRS 37-92-602(1)(f). Use of this well is limited to
monitoring water levels and/or water quality sampling. This well is known as Cowgill Well no. 4 (cross-reference, Ursula M.
Cowgill Augmentation Plan, Division 5 Water Court, case no. 03CW074).
4)Approved as a well on a tract of land of 53.11 acres described as that portion of the NW 1/4 of the NW 1/4, Sec. 18, Twp. 7
South, Rng. 87 West, 6th P.M., Garfield County, more particularly described on the attached exhibit A. Further identified as
4020 County Road 103, Carbondale, CO 81623.
5)This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The
well must be kept capped and locked at all times except during sampling or measuring.
6)Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to the
Division of Water Resources upon request.
7)Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Well
Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60
days of plugging.
8)The owner shall mark the well in a conspicuous place with the well permit number(s) and name of aquifer as appropriate, and
shall take necessary means and precautions to preserve these markings.
9)This well must be constructed by or under the supervision of a licensed well driller or other authorized individual according to
the Water Well Construction Rules. If non-standard construction is anticipated, a variance request must be submitted in
accordance with Rule 18 and approved prior to well construction.
10)A Well Construction and Test Report (Form GWS-31), including lithologic log must be submitted by the individual authorized to
construct the well. For non-standard construction, the report must include an as-built drawing showing details such as depth,
casing, perforated zones, and a description of the grouting type and interval.
11)This well shall be constructed not more than 200 feet from the location specified on this permit.
NOTE: Parcel Identification Number (PIN): 23-2391-182-00-152
NOTE: Assessor Tax Schedule Number: R111579 (totaling 53.11 acres)
NW 1/4 NW 1/4 Section 18 Township 7.0 S Range 87.0 W Sixth P.M.
Physical Address:4020 COUNTY ROAD 103 CARBONDALE,
CO 81623
For questions about this permit call 303.866.3581 or go to https://dwr.colorado.gov Page 1 of 2Printed 04-17-2025
COLORADO
Division of Water Resources
Depa rtment of Natura l Re sources
4/14/2006
4/14/2008
Issued By
Expiration Date:
Date Issued:
PERMIT HISTORY
04-17-2025 CHANGE IN OWNER NAME/MAILING ADDRESS. CHANGED TO CHRISTIAN J. LEWIS
01-09-2014 CHANGE IN OWNER NAME/MAILING ADDRESS
For questions about this permit call 303.866.3581 or go to https://dwr.colorado.gov Page 2 of 2Printed 04-17-2025
WELL PERMIT NUMBER 268394-RECEIPT NUMBER 9502434D
I See Orig••' Pem,O
ORIGINAL PERMIT APPLICANT(S)
CHAIR VISTA LLC
APPROVED WELL LOCATION
Water Division:
Designated Basin:
Management District:
County:
Parcel Name:
5
N/A
N/A
GARFIELD
N/A
Water District:38
Well to be constructed on specified tract of land
Northing:4369005.9
UTM COORDINATES (Meters, Zone:13, NAD83)
314467.4Easting:
WELL PERMIT NUMBER 268395-
RECEIPT NUMBER 9502434F
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1)This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not
ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking
relief in a civil court action.
2)The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a
variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in
accordance with Rule 18.
3)Approved pursuant to CRS 37-92-602(3)(b)(I) for uses as described in CRS 37-92-602(1)(f). Use of this well is limited to
monitoring water levels and/or water quality sampling. This well is known as Cowgill Well no. 6 (cross-reference, Ursula M.
Cowgill Augmentation Plan, Division 5 Water Court, case no. 03CW074).
4)Approved as a well on a tract of land of 53.11 acres described as that portion of the NW 1/4 of the NW 1/4, Sec. 18, Twp. 7
South, Rng. 87 West, 6th P.M., Garfield County, more particularly described on the attached exhibit A. Further identified as
4020 County Road 103, Carbondale, CO 81623.
5)This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The
well must be kept capped and locked at all times except during sampling or measuring.
6)Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to the
Division of Water Resources upon request.
7)Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Well
Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60
days of plugging.
8)The owner shall mark the well in a conspicuous place with the well permit number(s) and name of aquifer as appropriate, and
shall take necessary means and precautions to preserve these markings.
9)This well must be constructed by or under the supervision of a licensed well driller or other authorized individual according to
the Water Well Construction Rules. If non-standard construction is anticipated, a variance request must be submitted in
accordance with Rule 18 and approved prior to well construction.
10)A Well Construction and Test Report (Form GWS-31), including lithologic log must be submitted by the individual authorized to
construct the well. For non-standard construction, the report must include an as-built drawing showing details such as depth,
casing, perforated zones, and a description of the grouting type and interval.
11)This well shall be constructed not more than 200 feet from the location specified on this permit.
NOTE: Parcel Identification Number (PIN): 23-2391-182-00-152
NOTE: Assessor Tax Schedule Number: R111579 (totaling 53.11 acres)
NW 1/4 NW 1/4 Section 18 Township 7.0 S Range 87.0 W Sixth P.M.
Physical Address:4020 COUNTY ROAD 103 CARBONDALE,
CO 81623
For questions about this permit call 303.866.3581 or go to https://dwr.colorado.gov Page 1 of 2Printed 04-14-2025
COLORADO
Division of Water Resources
Depa rtment of Natura l Re sources
4/14/2006
4/14/2008
Issued By
Expiration Date:
Date Issued:
PERMIT HISTORY
04-13-2025 CHANGE IN OWNER NAME/MAILING ADDRESS. CHANGED TO CHRISTIAN J. LEWIS
01-09-2014 CHANGE IN OWNER NAME/MAILING ADDRESS
For questions about this permit call 303.866.3581 or go to https://dwr.colorado.gov Page 2 of 2Printed 04-14-2025
WELL PERMIT NUMBER 268395-RECEIPT NUMBER 9502434F
I See Orig••' Pem,O
946646 12/08/2020 09: 13: 17 AM Page 1 of 2
Jean Alberico, Garfield County, Colorado
Rec Fee: $18.00 Doc Fee: $0.00 eRecorded
MEMORANDUM OF WATER ALLOTMENT CONTRACT
STATE Of �001o�
COUNTY OF '2.,;.�
) ) ss. )
KNOW ALL MEN BY THESE PRESENTS:
That, on the 7th day of December, 2020, Water Allotment Contract No. 422c ("Contract") was entered into between the Basalt Water Conservancy District ("District") and Christian John Lewis ("Owner"), the owner of the real property located in Garfield County, Colorado and described in Exhibit A attached hereto and incorporated herein by this reference ("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.
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 owner'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 constimte notice, to bona fide purchasers, of the Contract affecting the above-described Property.
Christian John Lewis
ACKLNOWLEDGEMENT
) ) ss. COUNTY OF 'LDt)/'--P )
The foregoing instrument was acknowledged before me this al day of December, 2020, by Christian John Lewis.
WITNESS my hand and official seal. My commission expires: 7_ c)-'/-.;}3
- 1 -After recording. please return to: Basalt Water Conservancy District c/o Balcomb & Green, P.C. P.O. Drawer 790 Glenwood Springs, CO 81602
Attachment 6b
·-:;
/4 /
:?[~' /~=-~--
STATE OF
' ----~....,.,....,-----..............
946646 12/08/2020 09: 13: 17 AM Page 2 of 2
Jean Alberico, Garfield County, Colorado
Rec Fee: $18.00 Doc Fee: $0.00 eRecorded
EXHIBIT A
LEGAL DESCRIPTION
A TRACT OF LA:'ID SITUATED IN LOTS 1 AND 5 OF SECTION 13, TOWNSHIP 7 SOUTH, RANGE 88 WEST
OF THE SIXTH PRINCIPAL MERIDIAN AND ALSO IN THE WEST HALF OF LOT 13 IN SECTION 18,
TOWNSHIP 7 SOUTH, RAl'sGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN, GARFIELD COUNTY,
COLORADO, AND BEING MORE PARTJCULARL Y DESCRJBED AS FOLLOWS:
BEGl1'NING AT THE NORTHViEST CORNER OF SAID LOT 13 WHENCE A BRASS CAP FOUND IN PLACE
AND PROPERLY MARKED FOR THE NORTHEAST CORNER OF SAID SECTION 13 BEARS N 02 DEGREES
03'24" W 804.85 FEET;
THENCE N 88 DEGREES 46'49" E 1300.29 FEET ALONG THE NORTHERLY BOUNDARY LINE OF SAID
LOT 13;
THENCE S 01 DEGREES 13'25" E 700.00 FEET;
THENCE N 88 DEGREES 46'49" E 18/05 FEET;
THENCE S 00 DEGREES 43'28" E 623.82 FEET TO A POINT IN A FENCE AS BUILT AND IN PLACE;
THENCE S 89 DEGREES 39'26" W 1288.54 FEET ON SAID FENCELINE;
THENCE S 88 DEGREES 48'41" W 533.50 FEET ON SAID FENCELINE;
THENCE N 745.83 FEET;
THENCE N 07 DEGREES 31'03" E 72.91 FEET;
THENCE S 89 DEGREES 20'12"' E 160.00 FEET;
THENCE N 07 DEGREES 31'03" E 550.28 FEET TO A POINT ON THE SOUTHERLY RJGHT OF WAY LINE
OF GARFIELD COUNTY ROAD NO. 103 AS BUILT AND IN PLACE;
THENCE N 89 DEGREES 20'12" E 81.42 FEET ALONG SAID SOUTHERLYRJGHT OF WAY LINE;
THENCE S 88 DEGREES 55'47" E 156.33 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE;
THENCE S 02 DEGREES 03'24" E 49.96 FEET TO THE POINT OF BEGINNING.
-2 -
After recording please return to:
Basalt Water Conservancy District
c/o Balcomb & Green, P.C.
P.O. Drawer 790
Glenwood Springs, CO 81602
AMENDED AND RESTATED BYLAWS
Of
EEDHAM DITCH COMP ANY
By a majority vote of the shareholders, the Needham Ditch Company bas adopted these
Amended and Restated Bylaws to fully restate and re-establish the bylaws as originally
adopted and subsequently amended on March 20 1980, March 19 1981 , and March 17
2005. These Amended and Restated Bylaws supersede and replace the original Bylaws
of Needham Ditch Company and previous amendments.
A11icle I.
Water Rights
The Needham Ditch Company (also referred to herein as the "Co rporation ) owns the
following water rights decreed to the Needham Ditch:
Case Adjudication Appropriation Priority Amount Use(s)
Date Date Number
CA 132 5/11/1887 7/11/1884 100 3.0 cfs In-igation and
Domestic
CA132 5/11/1887 9/3/1886 163 1 LO cfs Irrigation
CA57l 3/15/1894 6/5/1893 210 2.9 cfs Irrigation
W-3579 12/31/1978 9/30/1966 10.3 cfs Irrigation and Stock
Article ll.
Shareholder Meetings
1. The annual meeting of the shareholders of the Corporation shall be held at a
location in and around the Roaring F ark Valley on a date in March of each year and at an
hour as is determined to be convenient for the Board of Directors. The location date and
time of the meeting shall be designated in the notice thereof The annual meeting of the
shareholders shall be held for the election of directors of the Corporation and for the
transaction of such other business as may properly come before the meeting.
2. Special Meetings of the shareholders may be called and be held at such place as
may be designated at a location in and around the Roaring Fork Valley at any time by a
resolution of the Board of Directors of the Corporation or may be called at any time
upon the written request of the shareholders holding twenty (20) percent of the
outstanding sto ck of the Corporation, or upon written request of a majority of the Board
of Directors of the Corporation.
Amended and Restated Bylaws of
the Needham Ditch Company
Page 2 of 13
3. Notice of the annual meetings and special meetings of the shareholders of the
Corporation shall be given by written or printed notice stating the place day and hour of
the meeting and in case of a special meeting , the purpose or purposes for which the
meeting is called. Such notice of any such meeting shall be delivered either per anally or
by mail , or e-mail by or at the direction of the President, the Secretary, or the officer or
persons calling the meeting , to each shareholder of record entitled to vote at such
meeting not less than ten or more than fifty days before the date of such meeting ; no
business shall be transacted at any special meeting of the shareholders, except such as
s hall be mentioned in such notice. Notices ill be sent to the postal and/or e-mail
addresses on file with the Secretary of the Corporation. If any shareholder shall fail to
furnish the Secretary of the Corporation with their conect postal and/or e-mail address
said sharehol der shall not be entitled to claim they did not receive such notice ifit has
been sent to the address on file.
4. Each shareholder shall be entitled to one vote for each share of stock owned b
the shareholder the same to be voted either in person or by proxy and a majority of all
outstanding shares shall be required to constitute a quorum.
5. Any action which might be taken at a meeting of the shareholders may be taken
without a meeting if prior notice of the issues to be decided is given and vote/consent is
given to such action in writing via mail , fax or e-mail setting forth express consent to
suc h action by the shareholders entitled to vote and holding a majority of the outstanding
shares of the Corporation.
6. The order of business at the annua] meetings , and so far as possible at al I other
meetings of the shareholders , shall include, but is not limited to the following:
a. Roll call.
b. Readi,ng and disposal of any unapproved minutes.
c. Report of officers and committees.
d. Unfinished business .
e. E lection of directors.
f. New business.
g. Adjournment
Article Ill.
Directors
l. The Board of Directors shall have general charge and management of the affairs
business and property of the Corporation . There shall be no less than five Directors
elected to serve each year. At least three of the five directors shall be shareholders in the
Corporation , The members of the Board of Directors shall audit all bills and claims
against the Corporation.
Amended and Restated Bylaws of
the Needham Ditch Company
Page 3 of 13
2. The Board of Directors shall have the power to appoint and employ such agents,
servants or employees, as it deems necessary for the conduct of the affairs of the
Corporation and to fix their compensation.
3. The Board of Directors shall cause to be presented at the annual meeting of the
shareholders a statement of the affairs and transactions of the Corporation for the last
preceding year, and also an estimate of the amount of money necessary to be raised for
maintenance, betterments, construction and other expenses for the ensuing year, and to
pay any deficit for the preceding year.
4. Regular meetings of the Board of Directors of the Corporation shall be held
immediately following the shareholders annual meeting. Special meetings of the Board
of Directors may be called any time by the President or by any three members of the
Board of Directors, to be held at any place in and around the Roaring Fork Valley. Five
days written or printed notice of the time and place of the holding of any such special
meeting of the Board of Directors shall be given to each director, either in person or by
mail or e-mail , provided, however, any such special meeting of the Board of Directors
may be held at any time without notice by the unanimous consent of all of the members
of the Board of Directors or by the presence of all of the members of the Board of
Directors at such meeting.
5. The Board of Directors of the Corporation shall not have power to issue bonds, or
to mortgage, encumber or convey the irrigation system of the Corporation or any part
thereof unless first authorized to do so by the affirmative vote of the majority of the
shareholders of the Corporation.
6. The members of the Board of Directors of the Corporation shall hold their offices
for the term of one year or until their successors are duly elected and qualified. A
majority of the Board of Directors presently serving shall constitute a quorum for the
transaction of business. If any director is absent from five successive meetings of the
Board of Directors, the Board of Directors shall have the power to declare said director s
office vacant and to elect a successor who shall hold such office until the next annual
meeting of the shareholders of the Corporation.
7. The act of the majority of the Directors present when there is a quorum shall be
the act of the Directors.
8. Any action which might be takJn at a meeting of the Board of Directors may be
taken without a meeting if a consent to the action is provided by a majority of the
Directors in writing by letter fax ore-mail setting forth express consent to the action to
be taken.
I
9. The Board members shall not be personally liable for the debts, liabilities or other
obligation of the Corporation. The mbrnbers of the Board of Directors shall not be liable
to the shareholders for any mistake of judgment negligence, or otherwise, except in the
Amended and Restated Bylaws of
the eedham Ditch Company
Page4 of 13
event of willful misconduct or malfeasance. The Corporation shall indemnify and hold
harmless each of the members ofthe Board of Directors against all contractual liabilitie
to others arising out of contracts made by the Board of Directors on behalf of the
Corporation and its members, and in connection with any acts performed pursuant to the
Articles , unless such Director or Directors are adjudged gu ilty of willful misconduct or
malfeasance in the performance of their duties as Directors.
Article JV.
Officers
l. The newly elected Board of Directors of the Corporation, at its first regular
meeting following the annual meeting of the shareholders of the Corporation or at ucb
annual meeting, shall elect from their number a President, a Vice President, a Secretary
and a Treasurer and the office of Secretary and that of Treasurer may be held by the
same person. The terms of office of said officers shall be for one year or trnti I tbeir
respective successors are elected and qualified.
2. The President shall preside at all meetings of the Board of Directors and of the
shareholders when present and shall have the general care , supervision and direction of
the affairs of the Corporation and its employees, under the direction of the Board of
Directors· the President shall sign all contracts, stock certificates (if any) and the Share
Registry on behalf of the Corporation, and perform such other duties as the Board of
Directors shall from time to time prescribe. The President shall sign all checks, drafts
and written orders for payment of money drawn against the funds of the Corporation.
3. The Vice President, in the absence of the President, or in case of the President's
inability to perform the duties of the office shall preside at all meetings and do and
perform any and all other acts and things which the President might properly do if
present; and the Vice President shall do and perform such other acts and duties as the
Board of Directors of the Corporation shall from time to time prescribe.
4. The Secretary shall attend all meetings of the shareholders and of the Board of
Directors and shall keep a true and fair record of the proceedings of such meetings. The
Secretary shall have charge of the books, papers, and documents belonging to the
Corporation and keep true and accurate accounts of all the dealings and financial
transactions of the Corporation . In addition , the Secretary shall countersign all contracts,
stock certificates (if any), and the Share Registry which shall have been properly signed
by the President or Vice President; shall attend to the mailing and/or e-mailing and
service of all notices of meetings, notices of assessments and other notices required to be
given by or on behal f of the Corporation; shall make such reports to the Board of
Directors as it may require and shall prepare and properly file such reports and
statements on behalf of the Corporation, and shall do and perform such other duties as the
Board of Directors may from time to time prescribe.
Amended and Restated Bylaws of
the Needham Ditch Company
Page 5 of13
5. The Treasurer shall have the custody of and be responsible for all monies of the
Corporatjon · shall keep a full and accurate record of all receipts and disbursements· and
hall deposit in the name of the Corporation , in such depository or depositories as shall be
directed and approved by the Board of Directors all monies coming into the Treasurer's
hands for the account of the Corporation. The Treasurer shall make a full report of the
financial condition of the Corporation to be presented at the annual meeting of the
shareholders and shaJl make such other reports and statements as shall be required by the
Board of Directors and by the laws of the State of Colorado. The Treasurers books and
accounts sha11 be open at all times during business hours for inspection by any Director
or shareholder of the Corporation . Any officer shall give such bond as shall be required
by the Board of Directors.
6. The Board of Directors may hire an Executive Secretary to carry out the day-to-
day functions of the Secretary and/or Treasurer.
7. The Board of Directors shall be authorized to appoint a superintendent who shall
have control of the construction , care and management of the ditches and reservoirs of
the Corporation and t he distributjon of w ater (the "Superintendent"). The Superintendent
shall in all matters be subject to the direction of the Board of Directors and may appoint
one or more assistants, subject to the approval of the Board of Directors. The
Superintendent and such assistants shall receive such salary as the Board of Directors
may determine.
8. The Board of Directors shall have the power and duty to see that accurate
measuring devices, as may be prescribed by the Board of Directors are installed by the
respective shareholders at their head gates so that each shareholder will receive his fair
proportionate share of the water available for distribution. Water delivery may be refused
to any shareholder who does not ha e a working measuring device on their take out point
which accurately measures the water and which is readable by the Board of Directors.
Such action shall be taken only upon reasonable notice prov ided to the shareholder. As
an alternative the Corporation may , upon approval by the Board of Directors and upon
reasonable notice to the shareholder cure the problem by repairing or replacing an
existing measuring device. The oost of such repair and/or replacement shall be the
responsibility of the shareholder upon receiving an invoice from the Corporation. This
provision shall also apply to measuring and/or division devices located at the point of
delivery of water from the main ditch to each lateral serving multiple shareholders.
ART]CLE V.
Stook
l. As of the effective date of these Amended and Restated Bylaws, certificates of
stock in the corporation will no longer be used to evidence ownership of shares in the
Corporation. Instead , share ownership shall be recorded by a book entry system whereby
the Secretary or Treasurer of the Corporation shall majntain a list of shareholders in the
Amended and Restated Bylaws of
the eedham Ditch Company
Page 6 of 13
Corporation their addresses and the number of shares such shareholder owns (the
"Shareholder Registry ').
2. In order to effectuate a transfer of shares under the book entry system the
transferee shall provide the Secretary or Treasurer of the Corporation with an Agreement
for Assignment (in the form attached hereto as Exhibit A) executed by the transferor and
the transferee. The Agreement for Assignment shall include without limitation:
1. An identification of the number of shares to be transferred;
11. Indemnification of the Company from and against any and all cJaims and
demands made by any other person or party alleging an interest in or
otherwise relating to ownership of the transferred shares; and
iii. Agreement to pay a stock transfer fee as established by the Board from
time to time and all attorney sand engineer s fees (if any) incurred by the
Board of Directors in reviewing the proposed transfer.
The transferee shall submit the properly completed and executed Agreement of
Assignment to the Secretary or Treasurer along with a map of the parcel on which the
water has been used and the parcel to which it is proposed to be transferred (in the case of
third party transfers). The Secretary or Treasurer shall determine if the Agreement of
Assignment meets the requirements of this provision (2) and , if so , shall then transmit the
Agreement and any supporting documentation to the Board of Directors for
consideration. The Board shall have thirty days within which to review the proposed
transfer. If necessary the Board may require the transferor to provide additional
infonnation and shall have an additional thirty days from receipt of such information to
review.
ff the transfer is to a third party for use on a parcel not previously served by the Needham
Ditch Company the Board shall require the transferor to offer the shares for sale to the
Corporation, then to all shareholders a described in the Fifth Paragraph of the Articles of
incorporation before approving the assignment. The transferor shall offer the s hares for
the ame price as has been offered to the transferor in writing.
lf the Board of Directors finds that the proposed transfer meets the requirements of the
Articles of Incorporation and these Amended and Restated Bylaws and will not injure the
Corporation or individual shareholders the Board of Directors shall approve the proposed
transfer. Otherwise, the Board of Directors may reject the proposed transfer or approve
with conditions for the purpose of mitigating any injury to the Corporation or individual
shareholders. The Corporation sha ll then notify the transferor of its decision. The Board
of Directors' decision shall be final.
ff, upon approval by the Board, the transferor and transferee elect to finalize the transfer
the transferee shall provide the Secretary or Treasurer with an executed assignment
transferring the shares in the form attached hereto as Exhibit B. If the Board 's approval
is subject to conditions, the assignment shall include those conditions. UnJess the
Amended and Restated Bylaws of
the Needham Ditch Company
Page 7 of 13
transfer is to a third party for use on a parcel not previously served by the shares, the
transferee shall provide a copy of the deed transferring ownership of the property upon
which the shares were previously used. For the purpo es of these Amended and Restated
Bylaws a parcel served by Needham Ditch shares is meant to describe the entire piece of
land owned by a shareholder at least a part of which has been irrigated by water from the
Needham Ditch. It is not limited to just the portions of an owner s land actually irrigated
b Needham Ditch water.
If the Secretary or Treasurer finds the assignment to be consistent with the Board's
approval and with the Articles ofJncorporation and the Amended and Restated Bylaws,
the Secretary or Treasurer shall update the Shareholder Registry to record the transfer.
The Corporation will then send a confirming letter with a copy of the updated
Shareholder Registry to the transferee. Until the Board of Directors has approved a
transfer, the transfer will not be recorded in the Shareholder Registry and will not be
recognized by the Corporation . Notwith tanding anything to the contrary in these
Amended and Restated Bylaws no transfer will be effective unless the assessments on
the shares to be transferred are fully paid at the time of the transfer.
3. In order to effectuate a change to a book entry system adopted hereby, within
thirty days of adoption of these Amended and Restated Bylaws the Secretary or
Treasurer of the Corporation shall send a letter to all existing shareholders with a copy of
the current Shareholder Registry of the Corporation which shall include the description of
the parcel served by the shares. The shareholders shall then have thirty days to challenge
the record of the number of shares they own and the parcel served by the shares as stated
in the Shareholder Registry. The only evidence that shall be accepted by the Corporation
in challenge to the Shareholder Registry shall be the valid initial certificate of stock
issued by the Corporation. In the event of a challenge, the Board of Directors shall
resolve the issue and its decision shall be final. After the 30 -day period certificates of
stock in the Corporation shall be of no further force and effect and the Corporation's
Shareholder Registry shall be the full record of ownership. Each shareholder of the
Corporation shall receive, annually, a copy of the Corporation's Shareholder Registry
giving the number of shares of capital stock of the Corporation to which each shareholder
is entitled. Each such confim1ation shall include an identification of the parcel on which
the water may be used. All Shareholder Registries shall be signed by the President and
the Secretary.
4. The ownership of capital stock in the Corporation shall entitle the holder thereof
to receive a proportionate share of the water made available by the operations of the
Corporation in the propo1tion that the number of hares held by such shareholder bears to
the total number of shares of stock which are issued by the Corporation except as
otherwise provided in Paragraphs Seventh and Fifth of the Articles of Incorporation.
Amended and Restated Bylaws of
the eedham Ditch Company
Page 8 ofl3
5. Capital stock of the Corporation may be issued to more than one indiv idu al either
in joint tenancy or in tenancy in common. [fa share or shares are issued to two or more
persons in joint tenancy or a tenants in common ( 'Joint Shareholders ') any notice
required to be erved upon the shareholders under the A11icles of Incorporation of the
Corporation or by the provisions of these Amended and Restated By laws sha ll be deemed
properly served or service thereof waived if service is made upon one of said Joint
Shareholders or if service thereof is expressly waived by one of said Joint Shareholders.
A Joint Shareholder shall be entitled to vote all the shares held by the Joint Shareholders
(in the absence of the others from any meeting) as though the attending Joint Shareholder
were the sole owner of said share .
6. In the event any shareholder pledges any of his hares as security for any
indebtedness, the shareholder must immediately notify the Secretary of the Corporation
in writing of such pledge. The Secretary shall note this p ledge of security in the
Corporation s Shareholder Registry , itb a notation that no transfer sale or conveyance
of such pledged shares shall occur until the Secretary receives a written re lea e of s uch
shares from the beneficiary of such pledge.
7. No new fractional shares of stock shall be created or recognized. Those fractional
shares existing on the books and records of the Corporation as of March 17 2005 shall be
maintained and recognized as such.
8. 1n the event that a property irrigated with Corporation water is divided into
smaller parcels and the water represented by the shares is to be used by various new lot
owners, a property owners association shall be created wh.ich shall be the sole owner of
all of the shares that would otherwise be distributed to aid new lot owners and said
property owners association shall be listed on the books and records of the Corporation as
the owner to whom assessments are charged and who can vote at meetings. The Board of
Directors may in its sole discretion waive this requirement for large divisions of land in
which the change of ownership of shares would add 3 or fewer shareholders.
ARTICLE VJ.
Assessments
1. Each share of the capital stock of the Corporation which has been issued shall be
subject to an annual pro rata assessment for the maintenance and operating expenses of
the Corporation. Such expenses include the payment of the debts of the corporation and
interest thereon and tbe cost of extensions additions and improvements to the water
system of the Corporation as well as any and all other expenses of the Corporation. The
amount of such annual assessment shal I be determined by a vote of the shareholders of
the Corporation at their annual meeting. The shareholders of the Corporation shall have
the power at any special meeting of the shareholders called for that purpose to levy
additional assessments necessary to meet the obligations of the Corporation.
Amended and Restated Bylaws of
the eedham Ditch Company
Page 9 of 13
2. The shareholders when levying any assessment shall fix the date at which the
assessment shall be due and payable. Any uch assessment shall become delinquent
thirty (30) days after the date so fixed and thereafter such assessment shall draw interest
at the rate of eighteen percent (18%) per annum until paid. Shareholders who are in
arrears in the payment of any assessment shall not receive or be entitled to receive any
water until such anears have been fully paid. The Corporation shall also have the right to
prosecute a civil action against any delinquent shareholder to recover by court action the
amount of any assessment which is delinquent, together with interest thereon, and com1
costs.
3. Also the shares of any shareholder who becomes delinquent in the payment of
any assessment ordered by the shareholders for a period of over one ( 1) year may be
forfeited in the manner following: No less than thirty (30) days following the mailing of
the notice of assessment for the year next following the year in which the shareholder is
first delinquent a notice in writing shall be mailed , certified mail, return receipt
requested, to such shareholder at the shareholder's last known postal address , or shall be
personally served upon such shareholder. Said notice shall state the delinquency , the
total amount due including interest, and the date payment of such assessment became
due. Said notice shall also state that, unless payment is made on or before a stated day
which shall not be less than thirty (30) days from the date such notice is mailed , the stock
in the Corpo ration of such delinquent shareholder shall stand forfeited to the Corporation
and shal I be considered as part of the authorized but unissued shares of the Corporation.
Upon the failure of the shareholder to make payment on or before the stated day the
Corporation may declare said shares of stock and any remaining stock certificates as
forfeited. Any such declaration shall be made in writing signed by the President. The
Secretary shall record the forfeiture in the Corporation s Registry of Shareholders
indicating that the forfeited shares are held by the Corporation. In addition the Secretary
shall record the total outstanding balance for the delinquent assessments and interest
accrued as of the date of forfeiture. The Corporation shall not charge any fmther interest
once shares have been forfeited.
4. If the delinquent shareholder or the successor to the delinquent shareholder in
ownership of the parcel served by the forfeited shares pays the outstanding balance
amount recorded in the Shareholder Registry at the date of forfeiture and the
Corporation s costs , including legal fees related to the forfeiture the Corporation, upon
approval by the Board of Directors may re-issue the forfeited shares. However
notwithstanding the foregoing, the Corporation is under no obligation to re-issue forfeited
s hares to any party.
ARTICLE VIL
No Ce1tificates
The Shareholder Registry shall represent the shares of the capital stock of the
Corporation and shall list the full names and mailing addresses of such shareholders and
the parcel on which the water is used.
Amended and Restated Bylaws of
the Needham Ditch Company
Page IO of 13
ARTICLE YIU.
Seal
The corporate seal of the Corporation shaJl be a circular seal with the name of the
Corporation, NEEDHAM DITCH COMPANY, and the word COLORA DO , around the
border and year of incorporation 1966, and the word SEAL, in the center and such seal
as impressed hereon as follows:
Is the seal as adopted by the Corporation.
ARTICLE IX.
Amendments
1. These Bylaws may be amended repealed or altered in whole or in part by a
majority vote of the shares represented and voting at any regular or special meeting of the
shareholders provided that notice of the nature of such proposed amendment repeal or
alteration shall have been given in the call and notice of such meeting. Any Bylaw
adopted amended or repealed by a vote of the shareholders shall not thereafter be
amended or repealed except by a subsequent vote of the shareholders.
2. These Bylaws may also be amended, repealed or altered, in who le or in part, by a
majority vote of the entire Board of Directors of the Corporation at any regular or special
meeting of the Board of Directors provided that written notice of any such proposed
amendment, repeal or alteration shall have been given to each Director at least ten (10)
days prior to the date of such regular or special meeting provided that any such
amendment repeal, or alteration may be made by unanimous consent of the Board of
Directors at any meeting of the Board of Directors without previous notice; and provided
further that no Bylaw adopted or amended at any meeting of the shareholders shal l be
repealed or amended by the Board of Directors .
ARTICLEX.
Water System Usage and Restrictions
1. The Needham Ditch structure as owned by the Needham Ditch Company
commences at the headgate on Cattle Creek as it is decreed in section 10, Township 7
South, Range 87 West of the 6th Principal Meridian and proceeds in a southerly direction
and is about 3 miles in length (the "Main Ditch"). Th Main Ditch tenninates at the
outlet of the Main Splitter Box which is the first splitter box on the Main Ditch and shall
include the Mrun Splitter Box in its current or any future changed location . The
Corporation is responsible for operation maintenance repair and replacement of the
Amended and Restated Bylaws of
the eedham Ditch Company
Page I I of l3
Main Ditch from the Cattle Creek headgate to the termination point and to insure the
Main Ditch.
2. The laterals off of the Main Ditch begin at the outlet of the Main Splitter Box and
are the responsibility of the individual shareholders served by such laterals. The
Corporation delivers water to the shareholders at the outlet of the Main Splitter Boxp. It
is the duty of the individual shareholders on each lateral to operate, maintain, repair, and
replace the lateral ditches below this delivery point, and to divide the waters between the
owners on the lateral ditches. The Corporation is not responsible for and does not insure
the lateral ditches.
3. No new or additional takeouts (lateral ditch headgates) other than those existing
on March 17 , 2005 shall be installed in the Main Ditch structure. The Corporation may
refuse to deliver water through any new or additional takeout instalJed after said date .
4. The movement of any amount of water out of the ditch altogether would have an
adverse impact on all other shareholders. Any shareholder may change water rights
decreed to the Needham Ditch in a Water Court case and/or substitute water supply plan.
However, no shareholder may apply for such a change with the Water Com1 and/or the
State Engineer 's Office until: (l ) such shareholder bas provided the Corporation with a
copy of the proposed application and supporting engineering for the Corporation's
review; (2) such shareholder has agreed to pay the Corporation s reasonable attorneys
and engineers ' fees and costs associated with reviewing such application and engineering
and/or participating in the Water Court and/or State Engineer proceeding; (4) the
Corporation bas had at least sixty (60) days to review the application and engineering and
to impose reasonable terms and conditions necessary to prevent injury to the remaining
shareholders· (5) such shareholder has revised the application and engineering to reflect
the Corporation s terms and conditions· and (6) the Corporation has approved the
application and engineering subject to reasonable terms and conditions to prevent injury.
a. Reasonable terms and conditions may include but are not limited to: (1)
requiring such shareholder to leave a certain percentage of water in the
ditch to compensate for ditch losses and to en s ure continued carrjage; and
(2) restricting the bypass of water at the headgate and /or requiring the
party requesting the change to continue to deliver the water to the historic
place of delivery.
b. The Corporation may oppose the Water Court application and/or comment
upon the substitute water supply plan for the purpo e of avoiding injury to
the Corporation 's water rights.
c. Any modifications necessary to the headgate or any measuring devices
required as a result of any change of water rights shall be the sole
responsibility of the party applying for the change .
Amended and Restated Bylaws of
the eedham Ditch Company
Page 12 of 13
5. Shareholders may lease water to be delivered to another shareholder for use on
lands owned or leased by that shareholder and served by the Needham Ditch.
hareholders may also lease water to be delivered to parties other than shareholders but
only for use on lands which lie under or adjacent to the Main Ditch or one of its laterals.
Notice shall be provided to the Corporation of any lease for the Corporation 's records and
a description of the parcel on which the leased water will be used. However Corporation
water shall not be leased to any patty in any manner that, in the discretion of the Board of
Directors, adversely impacts other shareholders or the Corporation . Under such
circumstances the Board of Directors may prohibit the lease or authorize leasing so long
as conditions are imposed to mitigate any adverse impacts.
6. No shareholder shall make any modification to the Main Ditch or laterals
including, without limjtalion , the installation of any ditch crossing, culverts, pipes,
pumps, laterals or other structures without the prior written consent of the Board of
Directors. The shareholder shall first provide written notice of the intended modification
to the Corporation . Such notice shall include a complete description of the current
condition of the affected portion of the ditch and detailed plans for all proposed
modifications. Any requested modification shall be reviewed by the Board to determine
its effect on the ditch and the Board may deny approval or condition any approval on the
adherence to certain terms and conditions or other limitations deemed reasonably
necessary by the Board to protect the ditch and delivery of water to the shareholders. The
shareholder seeking to make any improvements may be required to pay the reasonable
costs incurred by the Board for engineering and other professional services it in urs in the
review which shall include the requirement to post a reasonable amount of money with
the Board before such review is conducted.
ARTICLE XL
Insurance
1. The Corporation shall at all times maintain corporate comprehensive general
liability insurance in such amounts deemed sufficient in the judgment of the Board of
Directors to protect the Corporation and its officers directors and employees and
shareholders, agents and fiduciaries from liability relating to the ownership and operation
of the water system and associated water rights , appurtenances and easements and the
diversion of water in connectjon therewith. The Corporation shall make every effort to
obtain said insurance from an A+ rated insurance company. The Corporation shall also
maintain insurance covering its directors officers employees and agents and
shareholders if available.
ARTICLE XII.
Miscellaneous Provisions
I. All notices that are to be provided to the Corporation shall be sent to the
Corporation s principal mailing address as listed in the filings with the Colorado
Amended and Restated Bylaws of
the Needham Ditch Company
Page 13 of 13
Secretary of State. At the time of adoption of these Amended and Restated Bylaws the
principal mailing address is P.O . Box 722 Carbondale CO 81623.
2. The term Corporation as used herein, shall mean the Needham Ditch Company.
3. Use of the terms ' Amended and Restated Bylaws" and 'Bylaws" herein or in any
of-ficial Corporation document shall be synonymous and shall mean the most current
bylaws of the Corporation, including all amendments thereto that are in effect.
4. Use of the terms "Articles of Incorporation" and "Amended and Restated Articles
of Incorporation" herein or in any official Corporation document shall be synonymous
and shall mean the most current articles , including all amendments thereto that are in
effect .
5. The Corporation was formed in 1966 pursuant to Article 14 and Article 19 of the
Colorado Corporation Code oftbe time . Said articles are now codified as Colorado
Revised Statutes §§ 7-40-101 et. seq. and 7-42-101 et. seq.
2013 AMENDMENT
These Amended and Restated Bylaws of the Needham Ditch Company were adopted the
21 st day of March , 2013 by a vote of the shareholders at a meeting noticed on the 11 th day
of March 2013. The number of shares represented in person or by proxy at such meeting
was \ 7 oo . The number of shares voting for adoption was 11 oO shares. The
number of shares voting against adoption was 22:harc-~y---
~~I ~
Secretary
EXHIBJ T -\
r< \II-DID 'DRE.T.\fF.:Dll\'L \\\ ·n1
rHE 1"1 LDI !,.\;\I Dlll'H COi\lPA 1\
AGREEMENT FOR ASSIGNMENT OF SHARES
NEEDHAM DITCH COMP ANY
This Agreement for Assignment of Shares is made pursuant and subject to the requirements of
the Bylaws of the Needham Ditch Company and any and all amendments thereto by and between
whose legal address is __________ ("Transferor") and
________ whose legal address is _________ ( Transferee') as of the
latest date written below.
For good and valuable consideration the receipt and sufficiency of which is hereby
acknowledged , Transferor agrees to sell assign , transfer and set over to Transferee for
Transferee s proper use and benefit the following:
_____ shares of stock in the Needham Ditch Company.
Transferee agrees to pay the transfer fee required by the Bylaws of tbe Needham Ditch Company
and any all amendments thereto (the "Bylaws"). [n addition, Transferee agrees to pay any and
aU attorney 's and /or engineer's fees incurred by the Needham Ditch Company related to the
transfer.
Transferor and Transferee agree that they shall be solely liable for the payment of all costs ,
expenses, liabilities , and obligations of, and to protect, defend indemnify and forever hold
harmless the Needham Ditch Company from an y and all claims and/or demands made by any
other person or party alleging an interest in or otherwise relating to ownership of the shares to be
transferred.
In furtherance of this Agreement for Assignment of Shares and in support of the transfer
contemplated hereby, Transferor and Transferee answer and state the following:
1. Will the parcel of land historically served by the Corporation 's shares that are the subject
of this Agreement be conveyed to Transferee? __ yes ___ no
If the answer is no ' then Transferor and Transferee as applicable agree to comply
with all provision s of Paragraph Fifth of the Aiticles of Incorporation as amended and
Article V of the Bylaws .
2 . Are all of the Corporation s shares owned by Transferor being convey ed to T ransferee?
__ yes __ no
greement for Assignment of Shares
eedham Ditch Company
Page2 of3
3. Will the Transferee 's interest in the Corporation's shares be encumbered by a stock
pledge or other security pledge to give a lender a security interest in the ubject shares?
___ yes no
lf the answer is 'yes," Transferee agrees to provide Corporation with a copy of the
instrument by which the Transferee is pledging such security interest within ten days of
the date of this Agreement.
The terms of this Agreement shall survive the assignment of the shares to be assigned and shall
not be merged in the assignment.
The Transferor and Transferee agree that the Needham Ditch Company is authorized to enforce
the terms of this Agreement to the extent the provisions herein benefit the Needham Ditch
Company.
In witness whereof, Transferor and Transferee have executed this Agreement and agreed and
accepted the terms hereof this __ day of _____ ~ 20
TRANSFEROR:
STATE OF ---------~
)ss
COUNTY OF --------~
Subscribed and sworn to before me this __ da y of --------~ 20 by
Witness my hand and official seal.
My Commission Expires: _____ _
Notary Public
STATE OF ---------~
)ss
COUNTY OF --------~
TRANSFEREE:
Agreement for Assignment of Shares
Needham Ditch Company
Page3 of3
Subscribed and sworn to before me this __ day of ________ _ 20 by
Witness my hand and official seal.
My Commission Expires: _____ _
otary Public
t.;\HIBJ • B
nJ ,.\ 1F. L)f.D.\ DRE C.\Tl..'..DBYL.•\\ • r
THE EEDH.\ f DITCH ( 0 IP.i\!
ASSIGNMENT
THJS ASSIGNMENT made this ___ day of _______ _
whose legal address 1s
___________ ("Assignor ); and
20 _, between
("Assignee"), whose legal address is _____________________ _
WITNESS ET H:
That the Assignor, for and in consideration of Ten Dollars and other good and valuable
consideration the receipt and sufficiency of which is hereby acknowledged, has assigned and
conveyed unto the Assignee , and by these presents does assign and convey, unto the Assignee,
its successors and assigns forever , all of Assignor s right, title , and interest in and to the personal
property described as follows:
___ shares of stock in the Needham Ditch Company.
Together with all and singular the appurtenances thereto belonging, or in anywise
appertaining, and all claim and demand whatsoever of the Assignor either in law or equity of in
and to the above described personal property .
Assignor makes such Assignment to the Assignee without any representations or
warranties of any kind.
This Assignment may be executed in counterparts. Facsimile signatures shall be binding.
TO HA VE AND TO HOLD the said personal property above bargained and described with the
appurtenances , unto the Assignee, its successors and assigns forever subject to the conditions if
any, described on the attached Exhibit A.
In witness whereof, the Assignor through its authorized agent has executed this
Assignment on the date set forth above.
ASSIGNOR
By: _______________ _
Assignment
Needham Ditch Shares
Page 2 of 3
STATE OF -----
COUNTY OF -----
)
) ss.
)
The foregoing instrument was acknowledged before me this day of
-----~ 20_, by ______________________ _
WITNESS my hand and official seal.
My commission expires:
Notary Public
Assignment
Needham Ditch Shares
Page 3 of3
EXHIBIT A
CONDITIONS
Avalon Guarino-Lewis <aguarino1991@gmail.com>
Ability to Serve - 4020 County Road 103
Karl Oliver <koliver@carbondalefire.org>Sun, Feb 16, 2025 at 11:26 AM
To: Avalon Guarino-Lewis <aguarino1991@gmail.com>
Review of 4020 County Road 103:
Subdividing property Parcel in DEED 946644 into lot B and lot A is subject to Impact Fees from Resolu on 2024-
004 (See a achment).
R319.1 Address iden fica on. Buildings shall be provided
with approved address iden fica on. The address iden fica on shall be
legible and placed in a posi on that is visible from the street or road fron ng
the property. Address iden fica on characters shall contrast with their
background. Address numbers shall be Arabic numbers or
alphabe cal le ers. Numbers shall not be spelled out. Each character shall be
not less than 4 inches (102 mm) in height with a stroke width of not less than
0.5 inch (12.7 mm). Where required by the fire code official, address
iden fica on shall be provided in addi onal approved loca ons to facilitate
emergency response. Where access is by means of a private road and
the building address cannot be viewed from the public way, a monument,
pole or other sign or means shall be used to iden fy the structure. Address
iden fica on shall be maintained.
As established in Sec 102.9 (IFC 2015) and as the fire code official, I reference the Wildland -Urban Interface
code (2021). All though not adopted by Garfield County or our Fire District, this code has the clearest
understanding of access and therefore I reference in leu of the IRC 2015.
403.1 Restricted access. Where emergency vehicle access is restricted
because of secured access roads or driveways or where immediate
access is necessary for life-saving or fire-figh ng purposes, the code
official is authorized to require a key box to be installed in
an approved loca on. The key box shall be of a type approved by
the code official and shall contain keys to gain necessary access as
required by the code official.
403.2 Driveways. Driveways shall be provided where any por on of
an exterior wall of the first story of a building is located more than 150
feet (45 720 mm) from a fire apparatus access road.
403.2.1 Dimensions. Driveways shall provide a minimum
unobstructed width of 12 feet (3658 mm) and a minimum
unobstructed height of 13 feet 6 inches (4115 mm).
403.2.2 Length. Driveways in excess of 150 feet (45 720 mm) in length
shall be provided with turnarounds. Driveways in excess of 200 feet
(60 960 mm) in length and less than 20 feet (6096 mm) in width shall
be provided with turnouts in addi on to turnarounds.
403.2.3 Service limita ons. A driveway shall not serve in excess of
five dwelling units.
Excep on: Where such driveways meet the requirements for
fire apparatus access roads in accordance with Section 503 of
2/17/25, 9:27 AM Gmail - Ability to Serve - 4020 County Road 103
https://mail.google.com/mail/u/0/?ik=16f73e3567&view=pt&search=all&permmsgid=msg-f:1824239565642378583&simpl=msg-f:1824239565642378583 1/4
Attachment 7
Gmail
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the Interna onal Fire Code (2015).
403.2.4 Turnarounds. Driveway turnarounds shall have inside turning
radii of not less than 30 feet (9144 mm) and outside turning radii of
not less than 45 feet (13 716 mm). Driveways that connect with a road
or roads at more than one point shall be considered as having a
turnaround if all changes of direc on meet the radii requirements
for driveway turnarounds.
403.2.5 Turnouts. Driveway turnouts shall be an all-weather road
surface not less than 10 feet (3048 mm) wide and 30 feet (9144 mm)
long. Driveway turnouts shall be located as required by the code
official.
403.6.2 Mul ple addresses. Where mul ple addresses are required
at a single driveway, they shall be mounted on a single post, and
addi onal signs shall be posted at loca ons where driveways divide.
403.7 Grade. The gradient for fire apparatus access roads and driveways shall
not exceed the maximum approved by the code official.
Karl Oliver
Prevention Division Chief
Fire Marshal
Carbondale & Rural Fire Protection District
300 Meadowood Drive
Carbondale, CO 81623
Office - (970) 963-2491
Cell - (970) 379-8991
www.carbondalefire.org
From: Avalon Guarino-Lewis <aguarino1991@gmail.com>
Sent: Friday, February 14, 2025 4:53 PM
2/17/25, 9:27 AM Gmail - Ability to Serve - 4020 County Road 103
https://mail.google.com/mail/u/0/?ik=16f73e3567&view=pt&search=all&permmsgid=msg-f:1824239565642378583&simpl=msg-f:1824239565642378583 2/4
To: Karl Oliver <koliver@carbondalefire.org>
Subject: Re: Ability to Serve - 4020 County Road 103
Hi Karl, Hope all is well. How is your review going? Any questions I can answer? Best, Avalon
External (aguarino1991@gmail.com)
[Quoted text hidden]
---------- Forwarded message ----------
From: Jenny Cutright <cutright@carbondalefire.org>
To: Karl Oliver <koliver@carbondalefire.org>
Cc:
Bcc:
Date: Wed, 29 Jan 2025 18:50:28 +0000
Subject: Resolution & Ordinance
Jenny Cutright
Deputy Chief
Carbondale & Rural Fire Protection District
300 Meadowood Drive
Carbondale, CO 81623
970-963-2491 (office)
970-989-4529 (cell)
www.carbondalefire.org
2/17/25, 9:27 AM Gmail - Ability to Serve - 4020 County Road 103
https://mail.google.com/mail/u/0/?ik=16f73e3567&view=pt&search=all&permmsgid=msg-f:1824239565642378583&simpl=msg-f:1824239565642378583 3/4
3 attachments
Carbondale Branch Holdings LLC Impact Fee Agreement CBH Comments.pdf
235K
Resolution 2024-004 Impact Fees.pdf
260K
Resolution & Ordinance.eml
747K
2/17/25, 9:27 AM Gmail - Ability to Serve - 4020 County Road 103
https://mail.google.com/mail/u/0/?ik=16f73e3567&view=pt&search=all&permmsgid=msg-f:1824239565642378583&simpl=msg-f:1824239565642378583 4/4
CHRISTIAN LEWIS
ATTN: AVALON LEWIS
4020 COUNTY ROAD 103
Carbondale, CO 81623
Reference
Your Reference Number:
Our Order Number: 63021835
Our Customer Number: 3006282.0
Invoice (Process) Date: 04/23/2025
Transaction Invoiced By: Brandi Wolfe
Email Address: bwolfe@ltgc.com
INVOICE
Land Title Guarantee Company
5975 Greenwood Plaza Blvd Suite 125
Greenwood Village, CO 80111
(303) 270-0445
Tax ID: 84-0572036
Invoice Number: GWS-6273
Property Address: 4020 COUNTY ROAD 103, CARBONDALE, CO 81623
Parties: A BUYER TO BE DETERMINED
- Charges -
"TBD" Commitment $279.00
Amount Credited $0.00
Total Invoice Amount $279.00
Total Amount Due $279.00
Payment due upon receipt
Please reference Invoice No. GWS-6273 on payment
Please make check payable and send to:
Land Title Guarantee Company
5975 Greenwood Plaza Blvd Suite 125
Greenwood Village, CO 80111
Form 1128 accounting/invoice.html 63021835
(33966315)
~
Landlltte·
(';\l),li t!AN"i'U.OOl,J-"N-Y
-s;.,,,¢,-
1111111111111111111 II II II Ill
Customer Distribution
Prevent fraud - Please call a member of our closing team for wire transfer
instructions or to initiate a wire transfer. Note that our wiring instructions will
never change.
Order Number: GW63021835 Date: 04/23/2025
Property Address: 4020 COUNTY ROAD 103, CARBONDALE, CO 81623
For Closing Assistance For Title Assistance
Land Title Garfield County Title
Team
901 GRAND AVENUE, SUITE 202
GLENWOOD SPRINGS, CO
81601
(970) 945-2610 (Work)
(970) 945-4784 (Work Fax)
glenwoodresponse@ltgc.com
Seller/Owner
CHRISTIAN JOHN LEWIS
Delivered via: Electronic Mail
~
Land]tle·
GUARANTCC COM PANY
-Sli,cc 1967 -
Estimate of Title Fees
Order Number: GW63021835 Date: 04/23/2025
Property Address: 4020 COUNTY ROAD 103, CARBONDALE, CO 81623
Seller(s): CHRISTIAN JOHN LEWIS
Buyer(s): A BUYER TO BE DETERMINED
Thank you for putting your trust in Land Title. Below is the estimate of title fees for the
transaction. The final fees will be collected at closing. Visit ltgc.com to learn more about
Land Title.
Estimate of Title Insurance Fees
"TBD" Commitment $279.00
TOTAL $279.00
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 documents on your property.
Chain of Title Documents:
Garfield county recorded 12/08/2020 under reception no. 946644
~
Land]tle·
GUI\RANTCC COMPANY
-Sli,cc 1967 -
I
Property Address:
4020 COUNTY ROAD 103, CARBONDALE, CO 81623
1. Effective Date:
03/28/2025 at 5:00 P.M.
2. Policy to be Issued and Proposed Insured:
"TBD" Commitment
Proposed Insured:
A BUYER TO BE DETERMINED
$0.00
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
FEE SIMPLE
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
CHRISTIAN JOHN LEWIS
5. The Land referred to in this Commitment is described as follows:
A TRACT OF LAND SITUATED IN LOTS 1 AND 5 OF SECTION 13, TOWNSHIP 7 SOUTH, RANGE 88 WEST
OF THE 6TH PRINCIPAL MERIDIAN AND ALSO IN THE WEST HALF OF LOT 13 IN SECTION 18, TOWNSHIP
7 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 13 WHENCE A BRASS CAP FOUND IN PLACE
AND PROPERLY MARKED FOR THE NORTHEAST CORNER OF SAID SECTION 13 BEARS NORTH 02
DEGREES 03 MINUTES 24 SECONDS WEST, 804.85 FEET;
THENCE NORTH 88 DEGREES 46 MINUTES 49 SECONDS EAST, 1300.29 FEET ALONG THE NORTHERLY
BOUNDARY LINE OF SAID LOT 13;
THENCE SOUTH 01 DEGREES 13 MINUTES 25 SECONDS EAST, 700.00 FEET;
THENCE NORTH 88 DEGREES 46 MINUTES 49 SECONDS EAST, 18.05 FEET;
THENCE SOUTH 00 DEGREES 43 MINUTES 28 SECONDS EAST, 623.82 FEET TO A POINT IN A FENCE AS
BUILT AND IN PLACE;
THENCE SOUTH 89 DEGREES 39 MINUTES 26 SECONDS WEST, 1288.54 FEET ON SAID FENCELINE ;
THENCE S 88 DEGREES 48 MINUTES 41 SECONDS WEST, 533.50 FEET ON SAID FENCE LINE;
THENCE NORTH 745.83 FEET;
THENCE NORTH 07 DEGREES 31 MINUTES 03 SECONDS EAST, 72.91 FEET;
THENCE SOUTH 89 DEGREES 20 MINUTES 12 SECONDS EAST, 160.00 FEET;
THENCE NORTH 07 DEGREES 31 MINUTES 03 SECONDS EAST, 550.28 FEET TO A POINT ON THE
SOUTHERLY RIGHT OF WAY LINE OF GARFIELD COUNTY ROAD NO. 103 AS BUILT AND IN PLACE;
THENCE NORTH 89 DEGREES 20 MINUTES 12 SECONDS EAST, 81.42 FEET ALONG SAID SOUTHERLY
RIGHT OF WAY LINE;
THENCE SOUTH 88 DEGREES 55 MINUTES 47 SECONDS EAST, 156.33 FEET ALONG SAID SOUTHERLY
RIGHT OF WAY LINE;
THENCE SOUTH 02 DEGREES 03 MINUTES 24 SECONDS EAST, 49.96 FEET TO THE POINT OF
BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:GW63021835
AND TOGETHER WITH
A TRACT OF LAND SITUATED IN LOT 1 OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE
6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY
LINE OF SAID LOT 1 WHENCE A BRASS CAP FOUND IN PLACE AND PROPERLY MARKED FOR THE
NORTHWEST CORNER OF SAID SECTION 18 BEARS NORTH 42°58'03" WEST 1078.39 FEET; THENCE
SOUTH 88°46'49" WEST 412.14 FEET ALONG THE SOUTHERLY BOUNDARY LINE OF SAID LOT 1; THENCE
NORTH 01°13'25" WEST 38.67 FEET TO A POINT IN A FENCE AS BUILT AND IN PLACE; THENCE SOUTH
89°08'57" EAST 279.56 FEET IN SAID FENCE; THENCE SOUTH 89°35'08" EAST 132.81 FEET IN SAID
FENCE; THENCE SOUTH 01°13'25" EAST 24.61 FEET TO THE POINT OF BEGINNING.
AND TOGETHER WITH
A TRACT OF LAND SITUATED IN LOT 1 OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE
6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY
LINE OF SAID LOT 1 WHENCE A BRASS CAP FOUND IN PLACE AND PROPERLY MARKED FOR THE
NORTHWEST CORNER OF SAID SECTION 18 BEARS NORTH 42°58'03" WEST 1078.39 FEET; THENCE
NORTH 01°13'25" WEST 24.61 FEET TO A POINT IN A FENCE AS BUILT AND IN PLACE; THENCE SOUTH
89°35'08" EAST 396.98 FEET IN SAID FENCE; THENCE NORTH 89°51'26" EAST 197.21 FEET IN SAID
FENCE; THENCE SOUTH 01°13'25" EAST 9.58 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE
OF SAID LOT 1; THENCE SOUTH 88°46'49" WEST 594.00 FEET ALONG SAID SOUTHERLY BOUNDARY
LINE TO THE POINT OF BEGINNING.
AND TOGETHER WITH
A TRACT OF LAND SITUATED IN LOT 1 OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE
6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1
WHENCE A BRASS CAP FOUND IN PLACE AND PROPERLY MARKED FOR THE NORTHWEST CORNER
OF SAID SECTION 18 BEARS NORTH 02°03'24" WEST 804.85 FEET; THENCE NORTH 02°03'24" WEST
49.96 FEET ALONG THE WESTERLY BOUNDARY LINE OF SAID LOT 1 TO A POINT IN A FENCE AS BUILT
AND IN PLACE; THENCE SOUTH 88°55'47" EAST 154.31 FEET IN SAID FENCE; THENCE SOUTH 89°08'57"
EAST 140.78 FEET IN SAID FENCE; THENCE SOUTH 01°13'25" EAST 38.67 FEET; THENCE SOUTH
88°46'49" WEST 294.15 FEET ALONG THE SOUTHERLY BOUNDARY LINE OF SAID LOT 1 TO THE POINT
OF BEGINNING.
AND TOGETHER WITH
THAT PORTION OF LAND AS DESCRIBED IN QUIT CLAIM DEED RECORDED MARCH 20, 2014 AS
RECEPTION NO. 847384.
COUNTY OF GARFIELD
STATE OF COLORADO
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:GW63021835
Copyright 2006-2025 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.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:GW63021835
AMERICAN
LAND TITLE
ASSOCIATION
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: GW63021835
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.
The following will be required should the Company be requested to issue a future commitment to insure:
1. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF
THE BASALT WATER CONSERVANCY DISTRICT TRANSFER FEE HAVE BEEN SATISFIED.
2. PROVIDE LAND TITLE GUARANTEE COMPANY WITH A CURRENT IMPROVEMENT SURVEY PLAT OF
SUBJECT PROPERTY. THIS REQUIREMENT IS NECESSARY TO PROVIDE AN ACURATE LEGAL
DESCRIPTION. UPON REVIEW, ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS MAY BE
NECESSARY.
NOTE: DEED RECORDED MARCH 20, 2014 AS RECEPTION NO. 847384 DOES NOT CONTAIN AN
ACCURATE LEGAL DESCRIPTION.
NOTE: ANY MATTERS DISCLOSED BY SAID IMPROVEMENT SURVEY PLAT WILL BE REFLECTED ON SAID
POLICY(S) TO BE ISSUED HEREUNDER.
NOTE: LAND TITLE IS NOT RESPONSIBLE FOR ORDERING SAID IMPROVEMENT SURVEY PLAT.
3. RELEASE OF DEED OF TRUST DATED OCTOBER 06, 2022 FROM CHRISTIAN JOHN LEWIS TO THE
PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF BANK OF COLORADO TO SECURE THE SUM
OF $700,000.00 RECORDED OCTOBER 06, 2022, UNDER RECEPTION NO. 980068.
NOTE: THE ABOVE DEED OF TRUST SECURES A LINE OF CREDIT.
4. RELEASE OF DEED OF TRUST DATED DECEMBER 28, 2022 FROM CHRISTIAN JOHN LEWIS TO THE
PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF JEANETTE AUSTIN TO SECURE THE SUM OF
$600,000.00 RECORDED FEBRUARY 22, 2023, UNDER RECEPTION NO. 983645.
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.
THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO.
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 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 NOVEMBER 22, 1894, IN BOOK 12 AT PAGE 337 AND DECEMBER
30, 1893 IN BOOK 12 AT PAGE 264.
9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 22, 1894, IN BOOK 12 AT
PAGE 337 AND DECEMBER 30, 1893.
10. UNDERGROUND UTILITY EASEMENT AS SET FORTH IN DEED RECORDED MAY 15, 1986 IN BOOK 688
AT PAGE 349.
11. TERMS, CONDITIONS AND PROVISIONS OF SPECIAL WARRANTY DEED RECORDED OCTOBER 15, 1999
IN BOOK 1155 AT PAGE 421 UNDER RECEPTION NO. 553702.
12. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED OCTOBER 15, 1999 IN
BOOK 1155 AT PAGE 423.
13. TERMS, CONDITIONS AND PROVISIONS OF BARGAIN AND SALE DEED AND ASSIGNMENT RECORDED
DECEMBER 08, 2020 AT RECEPTION NO. 946645
14. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF WATER ALLOTMENT CONTRACT
RECORDED DECEMBER 08, 2020 AT RECEPTION NO. 946646.
15. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF MEMORANDUM OF STOCK OWNERSHIP IN
THE NEEDHAM DITCH COMPANY RECORDED MARCH 20, 2023 AS RECEPTION NO. 984348.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: GW63021835
Attachment 8
16. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN AGREEMENT RECOGNIZING
TRANSFER OF STOCK NEEDHAM DITCH COMPANY RECORDED MARCH 20, 2023 AS RECEPTION NO.
984349.
17. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE
FOLLOWING FACTS SHOWN ON LEWIS MINOR SUBDIVISION PLAT BY PEAK SURVEYING, INC. DATED
OCTOBER 24, 2023 AS JOB NO. 23057, OUR ESI 42256773.
RIGHT OF WAY FOR NEEDHAM DITCH AND C&M DITCH AND DITCH LATERALS
OVERHEAD UTILITY LINE
18. CLAIMS OF RIGHT, TITLE AND/OR INTEREST IN THE PROPERTY BETWEEN THE BOUNDARY LINES AND
THE FENCES AS DEPICTED ON THE SURVEY PREPARED BY PEAK SURVEYING, INC. DATED OCTOBER
24, 2023 AS JOB NO. 23057, OUR ESI 42256773.
19. ANY LOSS, DAMAGE, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF
THE BOUNDARY LINE DESCREPANCIES AS SHOWN ON LEWIS MINOR SUBDIVISION MAP BY PEAK
SURVEYING, INC. DATED OCTOBER 24, 2023 AS JOB NO. 23057, OUR ESI 42256773.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: GW63021835
Land Title Guarantee Company
Disclosure Statements
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
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:
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:
The Subject real property may be located in a special taxing district.(A)
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).
(B)
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.
(C)
The land described in Schedule A of this commitment must be a single family residence which includes a
condominium or townhouse unit.
(A)
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.
(B)
The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and
material-men's liens.
(C)
The Company must receive payment of the appropriate premium.(D)
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.
(E)
Land Title·
GUARANTEE COMPANY
-Since 1967 -
This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface
estate, in Schedule B-2.
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.
Note: Pursuant to CRS 24-21-514.5, Colorado notaries may remotely notarize real estate deeds and other documents
using real-time audio-video communication technology. You may choose not to use remote notarization for any
document.
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
(A)
That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
(B)
Joint Notice of Privacy Policy of
Land Title Guarantee Company
Land Title Insurance Corporation and
Old Republic National Title Insurancy Company
This Statement is provided to you as a customer of Land Title Guarantee Company as agent 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 your 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 obtain either 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 may share your Personal Information with affiliated contractors or service providers who provide services in the
course of our business, but only to the extent necessary for these providers to perform their services and to
provide these services to you as may be required by your transaction.
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 STATED ABOVE OR 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
Land Title·
GUARANTEE COMPANY
-Since 1967 -
•
•
•
•
•
•
•
•
•
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 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, 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
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, 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:
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
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.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
“Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a)
“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.
(b)
“Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c)
“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.
(d)
“Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e)
“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.
(f)
“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.
(g)
“Title”: The estate or interest described in Schedule A.(h)
the Notice;(a)
the Commitment to Issue Policy;(b)
the Commitment Conditions;(c)
Schedule A;(d)
Schedule B, Part I—Requirements; and(e)
Schedule B, Part II—Exceptions; and(f)
a counter-signature by the Company or its issuing agent that may be in electronic form.(g)
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:
(a)
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.
(b)
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.
(c)
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.
(d)
The Company shall not be liable for the content of the Transaction Identification Data, if any.(e)
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.
(f)
In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g)
Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a)
Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b)
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.
(c)
I _I I
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
Craig B. Rants, Senior Vice President
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. 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.
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.
(d)
Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e)
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.(f)
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock CCmpany
1408 North Westshore Blvd., Suite 900, Tampa , Florida 33607
{612) 311-1111 www.oldrepub/lctltle .com
By President
Attest Secretary
8 January 2025
Mr. John Leybourne
Planner Ill
Garfield County Community Development
108 81h Street, Suite 401
Glenwood Springs, CO 81601
Dear Mr. Leybourne:
Mr. Christian John Lewis
4020 County Road 103
Carbondale, CO
drummroll90@aol .com
This letter is to certify that I, Christian John Lewis, owner of the property located at 4020
County Road 103, Parcel ID# 239118200152, give authorization to EMH Law and its staff to
file a land use application with Garfield County requesting Administrative Review: Minor
Subdivision. I have retained EMH Law to represent me in the application for this project.
Their contact information is as follows:
EMH Law
E. Michael Hoffman, P.C.
225 North Mill Street, Suite 208
Aspen, CO 81611
T: (970) 544-3442
E: mhoffman@emhlaw.net
If you should have any questions regarding this matter, please contact me.
Very Truly Yours,
cJtn:rtian ,l u wir
Christian J Lewis (Jan 13, 2025 10:52 MST)
Christian John Lewis
Garfield County Land Explorer
Parcel Physical Address Owner Account
Num Mailing Address
239107400951 Not available
CARBONDALE BUREAU OF LAND MANAGEMENT R050260 2300 RIVER FRONTAGE ROAD SILT,
CO 81652
239118200032 4100 103 COUNTY RD
CARBONDALE
FLEAGLE, MICHAEL R & JACOBSON, CYNTHIA
A R011548 4100 COUNTY ROAD 103
CARBONDALE, CO 81623
239118200152 4020 103 COUNTY RD
CARBONDALE LEWIS, CHRISTIAN JOHN R111579 4020 COUNTY ROAD 103
CARBONDALE, CO 81623
239118200251 3755 103 COUNTY RD
CARBONDALE PROCTOR, SUSAN D R007306 3755 COUNTY ROAD 103
CARBONDALE, CO 81623
239118200252 3765 103 COUNTY RD
CARBONDALE LUCIDO, ZACHARY L R007307 3765 COUNTY ROAD 103
CARBONDALE, CO 81623
239118200253 4131 103 COUNTY RD
CARBONDALE LUGINBUHL, PAUL B R007308 4131 COUNTY ROAD 103
CARBONDALE, CO 81623
239118300040 Not available
CARBONDALE
RAFFERTY, TIMOTHY M JR & TRENCHARD,
KIMBERLY C R011368 7213 COUNTY ROAD 100
CARBONDALE, CO 81623
239118300182 7202 100 COUNTY RD
CARBONDALE RANCH AT PORCUPINE RIDGE LLC R111825 7202 COUNTY ROAD 100
CARBONDALE, CO 81623
239313100054 3714 103 COUNTY RD
CARBONDALE LEWIS, FRANCES R011258 3714 COUNTY ROAD 103
CARBONDALE, CO 81623
239313100221 3720 103 COUNTY RD
CARBONDALE
LOCKE, CHARMAINE & SURLS, JAMES ARTHUR
& EVA T & SMITH, CASHION DOWD R005370 3720 COUNTY ROAD 103
CARBONDALE, CO 81623
239313100268 3402 103 COUNTY RD
CARBONDALE GOUDVIS, PATRICIA R111580 3402 COUNTY ROAD 103
CARBONDALE, CO 81623
239313100297 3683 103 COUNTY RD
CARBONDALE EUSTIS, EVAN TRUST - 1988 R111745 230 CONGRESS STREET, 12TH
FLOOR BOSTON, MA 02110
239313400397 1900 103 COUNTY RD
CARBONDALE LUCKY ONES RANCH LLC R085274 230 SPRING PARK RANCH ROAD
CARBONDALE, CO 81623
1/8/25, 2:36 PM Garfield County Land Explorer
about:blank 1/1
Docusign Envelope ID : 620C27C0-588C-4D95-9E20-DBE95169F7C4 cG Garfield County
CERTIFICATION OF MINERAL OWNER RESEARCH
This form is to be completed and submitted with any application for a Land Use Change Permit.
Mineral interests may be severed from surface right interests in real property. C.R.S. § 24-65 .5-101, et seq,
requires notification to mineral owners when a landowner applies for an application for development from a
local government. As such, the landowner must research the current owners of mineral interests for the
property.
The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4-101(E)(l)(b)(4) requires
written notice to owners of mineral interests in the subject property in accordance with C.R.S. § 24-65 .5-101,
et seq, "as such owners can be identified through the records in the office of the Clerk and Recorder or
Assessor, or through other means ." This form is proof of applicant's compliance with the Colorado Revised
Statutes and the LUDC.
The undersigned applicant certifies that mineral owners have been researched for the subject property as
required pursuant to C.R.S . § 24-65.5-101, et seq, and Section 4-101 (E)(l)(b)(4) of the Garfield County Land
Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies
the following (Please initial on the blank line next to the statement that accurately reflects the result of
research):
✓
_ I own the entire mineral estate relative to the subject property; or
_ Minerals are owned by the parties listed below
The names and addresses of any and all mineral owners identified are provided below (attach additional pages
as necessary):
Name of Mineral Owner Mailing Address of Mineral Owner
I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the
LUDC.
2/4/2025
Applicant's Signature Date
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: 239118200152 DATE: 1/3/2024
PROJECT: Lewis Minor Subdivision
OWNERS: Christian John Lewis
CONTACT/REPRESENTATIVE: Michael Hoffman
PRACTICAL LOCATION: 4020 County Road 103, Carbondale, CO 81623
TYPE OF APPLICATION: Administrative Review
ZONING: Rural
COMPREHENSIVE PLAN: Residential Low-10+ Acres per Dwelling Unit
I. GENERAL PROJECT DESCRIPTION The property owner is proposing to subdivide a ten-acre lot from the larger 53.11 acre parcel. The County’s Land Use & Development Code (LUDC) requires a subdivision to demonstrate legal and adequate water for each lot. Permit documentation for these systems should be submitted with the application. It appears that there are several ditches located on property which will need to be identified on the plat. Please note the requirements in Article 7 that relate to protection of agricultural lands and ditches, Division 2, 7-201 of the LUDC It is anticipated that each lot will be served by driveways, one is existing, and another will need to be permitted. Access driveways will need to conform to the standards and requirements defined in Section 7-107 of the LUDC. All existing and future public utilities should be contained with an easement. The LUDC requires that utilities are to be underground for new Subdivision proposals. The applicant’s Surveyors should ensure that the required Certificates, notes and plat language conform to that prescribed by the County for the necessary signatures. The plat will need to include all information as described in Section 5-402(F), including the name and addresses of the surface owners and mineral estate owners. The applicant will also need to submit a title
cG Garfield County
2
commitment for the subject property and ensure that the plat states that all easements and encumbrances identified in the commitment are accurately shown on the plat. Proof of ownership in the form of a recent title report is required to process the application. All property owners, per County assessor records, will need to sign the application and provide a letter of authorization for anyone serving as the applicant’s representative. Any existing or proposed (draft) Codes Covenants or Restrictions (CCR’s) that affect the subject property should be submitted with the application. The LUDC also requires an engineer’s report for: (A) Roads, Trails, Walkways and Bikeways; (C) Sewage Collection and Water Supply and Distribution System; (E) Groundwater Drainage and (H) Preliminary Cost Estimates for Improvements. Please reference Section 4-202, Submittal Waivers and Section 4-118, Waivers from Standards as applicable, for any submittal or standards waivers that you will request. All of these requirements, digital copies of the LUDC, and forms can be found online within the Garfield County Community Development website located at: https://www.garfield-county.com/community-development/
II. COMPREHENSIVE PLAN
III. REGULATORY PROVISIONS AND POLICY THE APPLICANT IS REQUIRED TO
ADDRESS The following Sections of the Garfield Land Use and Development Code as amended apply to the Application:
o Garfield County Comprehensive Plan 2030 as amended
o Garfield County Land Use and Development Code as amended
o Section 5-301 Minor Subdivision
o Table 5-103 Common Review Procedures and Required Notice
o Section 5-401 and Table 5-401 Submittal Requirements including preliminary engineering reports for Access, Sanitation, Groundwater Drainage, and any preliminary cost estimates.
o Section 5-402 Description of Submittal Requirements including Final Plat
o Section 4-103 Administrative Review (public notice)
o Section 4-203 Description of Submittal Requirements (as applicable)
o Provisions of Article 7, Articles 1, 2, 3 and 4, as applicable including site planning and subdivision standards.
o Section 4-202, Submittal Waivers and Section 4-118, Waivers from Standards as applicable or needed.
IV. SUBMITTAL REQUIREMENTS As a convenience outlined below is a list of information typically required for this type of application. Table 5-401 outlines the specific application submittal criteria. The following list can function as a checklist for your submittal. Submit three paper copies and one digital of all
3
application materials. Additional copies will be requested upon determination of completeness. See the land use code for additional information on submittal requirements.
General Application Materials
o Signed Application Form
o Signed Payment Agreement Form and application fees
o Proof of ownership (copy of deed, title work) and information on any lien holders.
o A narrative describing the request and related information
o Names and mailing addresses of properties within 200 feet of the subject property.
o Mineral rights ownership for the subject property (demonstrated through a search of Clerk and Recorders database and/or Assessor database, memo attached).
o If the owner is an entity or trust, a recorded Statement of Authority, authorizing a person to encumber the property.
o If the applicant is a representative of the owner, a letter of authorization to represent is needed.
o A copy of the Pre-application Summary needs to be submitted with the Application.
Vicinity Map including areas within approximately 3 miles.
Site Plan including topography, existing improvements, infrastructure, irrigation ditches, and significant features. The site plan should include improvement location information adequate to confirm that no nonconforming conditions will result from the proposed subdivision. See Section 4-201.D
The Proposed Final Plat showing the proposed lot lines, all easements, required certificates, and other requirements of Section 5-402.F.
Water Supply Plans needs to include details on legal water (well permit and/or draft contracts with Water Conservation District), well production tests, and water quality tests. Section 4-203.M
Wastewater management plan shows the adequacy of the proposed systems to serve future development on the lots. Section 4-203.N.
Information as applicable to demonstrate compliance with provisions of Article 7 Standards, Divisions 1, 2, 3, and 4.
Engineering Reports, as applicable per Table 5-401, Minor Subdivision, A (Roads, Trails, Walkways, and Bikeways), C (Sewage Collection and Water Supply and Distribution System), E (Groundwater Drainage), and H (Preliminary Cost Estimates for Improvements).
Referral to the Colorado Geological Survey is also required with an additional referral fee.
Requests for waivers that fulfill the requirements of Section 4-118 Waivers of Standards or Section 4-202 Submittal Waivers as appropriate.
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 The Application may be “Called-Up” for review by the Director and the Board of County Commissioners. In addition, the Applicant and any affected Adjacent Property Owner can request a Call-Up for review by the Board in accordance with the procedures and review process contained in Section 4-112. Staff will review the application for completeness prior to requesting referral agencies to provide additional technical review. Staff will prepare a report based on received comments and their review of the application. Public Hearing(s): X No Public Hearing, Directors Decision (with notice per code) Planning Commission Board of County Commissioners Board of Adjustment Referral Agencies may include but are not limited to: Garfield County Surveyor, Garfield County Road and Bridge Department, Garfield County Consulting Engineer, Garfield County Attorney’s Office, Garfield County Vegetation Manager, Garfield County Department of Environmental Health, Department of Water Resources, Fire Rescue District, Colorado Geological Survey.
□
□
□
□
5
VI. APPLICATION REVIEW FEES
Planning Review Fees: $400
Referral Agency Fees: $TBD ($600 Colo.Geological Survey - others TBD)
Total Deposit: $400(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 may 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.
.s
Q.
E
8
Gar/i'efcl Co11nty
Minor Subdlrvis on Review Process
(Section .S-301)
,-..r~---·
'St_!p Z: Appllatrc.m S-U~rr1itt•I
, St ep 3 ! Campletef1!ess Ri!!'v i !!w
- ------ - - -
'■ 10 bus lr,es!> da'f!, to review
,, If .ne«nl)le' l!', 0 d !ty '10 ,e;rne,d· defielent:Je~
-'
•1Mall~d to, adj aocrrt~rtyownm Within 200 t~t :il\d m ner,al1 ownNS
at leiist lS dar,; prior to, deciSi0n date
-----------------------
St!!p 5: Fl~forra l
Step G: [...,alutfor1 by Drr('.'c:tor
·ci111 up P riod -witihin 10 d'aiy~ of Direc:to r's. Oe-ci5ion
•1.Applr nt 11111, !10 d;iy , to meet ,1nv con.d1tiaru. ot ;ippro¥ I
6
The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal.
Pre-application Summary Prepared by:
January 3, 2024
John Leybourne, Planner III Date
7
cE Garfield County
CERTIFICATION OF MINERAL OWN ER RESEARCH
This form is to be completed and submitted with any application for a Land Use Change Perm it.
Minera l in t eres t s may be severed from surface righ t interest s in real property. C.R.S . § 24 -65.5 -101, et seq,
requires not ifica t ion t o minera l owners when a landowner appl ies for an app lica t ion for d eve lopment from a
local government. As such, the landow ner must research the current owners of minera l in t erests for the
property.
The Ga rfield County Land Use and Development Co de of 2013 ("LUDC") Sect ion 4-101(E)(l )(b)(4) requ ires
written not ice to owners o f mineral in t eres t s in t he subject property in accord ance wit h C.R.S. § 24-65.5 -1 01,
et seq, "as such owners can be identifi ed through the records in t he office of the Cle rk and Recorder or
Assessor, or through ot her means." This form is p roo f of applicant's com p lian ce w ith t he Co lorado Revised
Statutes and t he LUD C.
T he unders igned applicant certifies t hat m inera l owne rs have been researched fo r the subject prope rty as
required pursuant to C.R.S. § 24-65.5-101, et seq, and Section 4-101 (E)(l)(b)(4) of t he Garfie ld County Land
Use and Development Code, as amended. As a result of th at resea rch, the undersigned app licant certifies
the fo ll owing (Please initial on the blank line next to the statement that accurately reflects the result of
research):
_ I own t he en t ire mineral est ate relat ive t o t he su bj ect pro perty; or
_ Minera ls are owned by t he parties list ed below
The names and addresses o f any and all minera l owners iden t ified are provided below (a ttach ad ditional pages
as necessary):
Name of M in e ra l Owne r Mailing Add ress of M i neral Owner
I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compl iance w ith sa id sta tue and t he
LUDC.
App licant's Signa t ure Date
8
TO:
FROM:
DATE:
RE:
Garfield County
MEMORANDUM
Staff
County Attorney's Office
Jlme 24, 2014
Mineral Interest Research
Mineral interests may be severed from surface right interests in real property. Colorado revised
statute 24-65.5-103 requires notification to mineral owners when a landowner applies for a land
use designation by a local government. As such, the landowner must research the current owners
of mineral interests for the property.
The Garfield County Land Use and Development Code of 2013 ('·LUOC") Sec tion 4 -
10l(E)(l)(b)(4) requires written notice to owners of mineral interests in the subject property "as
such owners can be identified through the records in the office of the Clerk and Recorder or
Assessor, or through other means."
It is the duty of the applicant to notify min eral interest owners. The following is a suggested
process to research mineral interests:
I . Review the current ownership deed for the property (i .e. Warranty Deed, Special
Warran ty, Quit Claim Deed or Bargain and Sale Deed-NOT a Deed of Trust). The
ownership deed is usually one or two pages. Is there a reservation of mineral interests on
the ownership deed? Are there any exceptions to title? A deed may include a list of
reservations that reference mineral owners or oil and gas leases.
2 . Review your title insurance policy. Are there exceptions to title listed under Schedule B-
Il? If so, review for mineral interests that were reserved and oil and gas leases .
3. Check with the Assessor's office to determine if a mineral interest bas been reserved
from the subject property. The Assessor's office no longer documents the mineral
reservation ownership for its tax roll records unless ownership has been proven. There
are only a limited nwnber of mineral owners who have provided such information to the
Assessor's office so this may not provide any infonnation, depending on your property.
9
, MEMO
June 24, 2014
Page2
4. Research the legal description of the subject property with the Clerk and Recorder's
computer. You can search the Section, Township, and Range of the subj ect property.
You may find deeds for mineral interests for the subject property.
5. Research whether a Notice of Mineral Estate Ownership was filed for the subject
property. On the Clerk and Recorder's computer, search under Filter (on the right hand
side of the screen), General Recordings, Notice of Mineral Estate Ownership for the
subject property.
6. If you find mineral interest owners as reservations on your deed, listed in your title
insurance policy, from the Assessor's records or the Clerk and Recorder's computer, you
need to determine whether these mineral interests were transferred by deed and recorded
in the Clerk and Recorder's office.
7. Enter the name of the mineral interest owner as the Grantor in the Clerk and Recorder's
computer to see if the mineral interest was transferred. If you find a transfer deed, you
need to repeat this process to follow any transfer of the mineral interest to present day.
8 . Include a description of your research process in your application and the name(s) and
address(es) of the current mineral interest owner{s}.
Mineral interest research can be a difficult and time consuming process. If you are unable to
determine mineral rights ownership by yourself, consider hiring an anomey or landman.
Attorneys and landmen specialize in determining mineral rights ownership, but they charge a fee
for their services.
Garfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
ONSITE WASTEWATER
TREATMENT SYSTEM
(OWTS)
(970) 945-8212
www.garfield-county.com
TYPE OF CONSTRUCTION
PERMIT APPLICATION
□ New Installation I ~ Alteration I □ Repair
WASTE TYPE
■ Dwelling I □ Transient Use I D Comm/Industrial I □ Non-Domestic
□ Other Describe
INVOLVED PARTIES
Property Owner: ~h"'~A' VJ Y//i': ZZc Phone: ( )
Mailing Address:/J2 Q,Z-OµfW.cJ ~,E., ~f/ ,&---~ a.
Contractor: A?l#'~./E £x.< -J --,, L~/' Phone: ( ~ ) 6'?0 -.?6',/9 ✓
Mailing Address: A7& ~ 478 ..i2'2-~<! C"'c:P, ~/65.Z
Engineer: /'Y~ Phone:( __ )
Mailing Address:
PROJECT NAME AND LOCATION
Job Address: 4c::>c?c? ,s-' ,'f; /~~ ~if"'&BW#,.q~ /_fa.)
Assessor's Parcel Number;,f'.39/-/6'...?'-~-/-9Sub. Lot Block --
Building or Service Type:,,-P'~.uE&::?.2'~.:::'." #Bedrooms: 3 Garbage Grinder A'/c::::>
Distance to Nearest Community Sewer System: . 7 #:?ZL ~
Was an effort made to connect to the Community Sewer System: ~
TypeofOWTS ,. Septic Tank J D Aeration Plant J D Vault J □ Vault Privy I □ Composting Toilet
□ Recycling, Potable Use D Recycling I D Pit Privy J D Incineration Toilet
□ Chemical Toilet D Other
Ground Conditions Depth to 1" Ground water tabl~,1?~/ I Percent Ground Slope ¥
Final Disposal by D Absorption trench, Bed or Pit I ■ Underground Dispersal I D Above Ground Dispersal
□ Evapotranspiration □ Wastewater Pond I □ Sand Filter
D Other
Water Source & Type • Well I □ Spring I □ Stream or Creek / □ Cistern
D Community Water System Name
Effluent Will Effluent be discharged directly into waters of the State? □ Yes ■ No
CERTIFICATION
Applicant acknowledges that the completeness of the application is conditional upon such further
mandatory and additional test and reports as may be required by the local health department to be
made and furnished by the applicant or by the local health department for purposed of the evaluation
of the application; and the issuance of the permit is subject to such terms and conditions as deemed
necessary to insure compliance with rules and regulations made, information and reports submitted
herewith and required to be submitted by the applicant are or will be represented to be true and
correct to the best of my knowledge and belief and are designed to be reli ed on by the local
department of health in evaluating the same for purposes of issuing the permit applied for herein. I
further understand that any falsification or misrepresentation may result in the den ial of the
application or revocation of any permit granted based upon said application and legal action for perjury
as provided by law.
-------------
I hereby acknowledge that I have read and understand the Notice and Certification above as well as
have provided the required information which is correct and accurate to the best of my knowledge.
~~ 2 o Wner Print and Sign Date
OFFICIAL USE ONLY
Special Conditions: JZ ',4)/t, ;::.
PWit Fee: QO
09' .-
Total Fees: .t, ~ F~sPaid: 00
;;I) u . ---
Building Permit Septic Permit: Balance Due:
00
BLDG DIV: __ tt6 __ t_~------~-~-------------
APPROVAL 7 DATE
--Pao \J (~a
:/:,7-s_ ()(j q ,;)o, 14
Outlook
Update on Lewis Minor Subdivision Application
FromAvalon Guarino-Lewis <aguarino1991@gmail.com>
DateTue 2/17/2026 12:51 PM
ToPhilip Berry <Pberry@garfieldcountyco.gov>
3 attachments (2 MB)
25-7-694 (01-22-26) OWTS Feasibility Comments.Signed.pdf; DWR Aqua Map well sites.pdf; 5b. Well Test.JPG;
External email
Hello Philip,
I hope all is well. I apologize for the delay in getting back to you regarding the amendments to our
application. We ran into a slight snag with the water plan (not surprising I'm sure). However, I would
like to provide an official update to our application re: our meeting.
1. In regards to the water plan, we will be pursuing a well augmentation plan. The well to be
augmented will be Permit number 268392-. The intention for the plan will include the
construction of an augmentation pond or storage tank to be filled using our Needham Ditch
rights each spring. We will obtain a Basalt Water Conservancy District augmentation contract to
cover calls on the Roaring Fork or Colorado Rivers, leaving our on-site augmentation sources to
cover a local call on Cattle Creek. This augmented well will serve the proposed parcel.
Unfortunately, the well test that was done mislabeled the permit number. A test was done on
268392- but it was written as 268393- in the report. If needed, we can have this officially
corrected. I've provided that report here as well as a map showing the location of the wells. We
will retain well 36583- for use on the fathering parcel (4020 County Road 103) without altering it.
2. I have attached the soils report that was conducted to determine OWTS feasibility on the
proposed parcel. The report has determined that there is adequate terrain and space on the
property for an OWTS.
Please let me know if you have any additional questions or if this is sufficient to proceed with the
application.
Best,
Avalon Guarino-Lewis
3/19/26, 11:35 AMUpdate on Lewis Minor Subdivision Application - Philip Berry - Outlook
about:blank?windowId=SecondaryReadingPane141/1
®
WELL TE ST & INSPECTI ON REP ORT
DATE : MAY 7. 2025
HIGH COUNTRY PUMP SERVICES
PROPERTY ADDRESS:
WELL DEPTH :
CASING SIZE:
TEST DURATIO N:
h ighcountrypump@gmail .com
(970) 618-7784
4020 COUNTY ROAD 103 #268393
STATIC WATER LEVEL: .1fil.Z'.
DRAW DOWN LEVEL: 1QL..9:
4 HOURS PRODUCTION RATE : ~
WELL RECOVERY T IME: 1 SECOND
I WILL SEND AN ESTIMATE FOR RECOMMENDED REPAIRS IF REQUESTED.
PLEASE CALL W ITH ANY QUESTIONS ,
LEVI SHERMAN, OWNER,
HIGH COUNTRY PUMP SERVICES LLC
4,514
752.3
Map Viewer
This product is for informational purposes and may not have been prepared for, or be suitable for legal,
engineering, or surveying purposes. Users of this information should review or consult the primary data and
information sources to ascertain the usability of the information.
3,5081:
Feet5850
Legend
292
Notes
Location
585
Date Prepared: 8/19/2025 10:11:07 PM
All Well Applications
Application Denied
Application Hold
Application Information Requested
Application Received
Application Withdrawn
Hydrogeology Review Requested
Permit Canceled
Permit Expired
Permit Extended
Permit Issued
Well Abandoned
Well Replaced - Abandonment Required
Well Constructed
Well Constructed - Replacement Permit Issued
Well Replaced
Other
Well Constructed
Permit Issued
Well Abandoned
Final Permit
County
Well to be augmented
Well to serve existing development
C ·O L O RADO 'S
0
0
0
0
0
0
•
•
•
•
•
•
•
•
0
•
De1wct1
ti
5020 County Road 154
Glenwood Springs, CO 81601
phone: (970) 945-7988
email: kaglenwood@kumarusa.com
www.kumarusa.com
Office Locations: Denver (HQ), Parker, Colorado Springs, Fort Collins, Glenwood Springs, and Summit County, Colorado
January 22, 2026
Avalon Guarino-Lewis
4020 County Road 103
Carbondale, Colorado 81623
aguarino1991@gmail.com Project No. 25-7-694
Subject: Comments Regarding Feasibility of an Onsite Wastewater Treatment System
(OWTS), Proposed Minor Subdivision, Lewis Minor Subdivision Lots A and B,
4020 County Road 103, Garfield County, Colorado
Dear Avalon:
As requested, we are providing our comment regarding the feasibility on an onsite wastewater
treatment system, (OWTS) for the proposed minor subdivision at the subject site. This report
provides our comments based on subsurface conditions and our experience in the area. The
study was conducted in accordance with our agreement for engineering services to you dated
November 19, 2025.
Proposed Construction: The property shown on the attached Figure 1 is planned to be split
into two lots. Lot B will have a single-family residence and an OWTS. The location of the
residence is not currently designed but will probably be in the north half of the lot. The soil
treatment area will likely be downhill and to the south of the residence. The Lot A structures are
currently serviced by an existing OWTS and there are no proposed additional structures.
If building conditions are significantly different from those described above, we should be notified
to re-evaluate the recommendations presented in this report.
Site Conditions: Lot B was a vacant grass field at the time of our site visit on December 18,
2025. The lot gently slopes down to the middle from the north and south at about 5 percent grade.
The ground surface appeared to be mostly natural. Vegetation consists of grass and weeds. Two
water wells were found on the lot as shown on Figure 1. There are irrigation ditches on the south
portion of the lot.
Subsurface Conditions: The filed exploration was conducted on December 18, 2025. The
subsurface conditions at the site were evaluated by excavating four profile pits at the approximate
locations shown on Figure 1. The logs of the pits are presented on below.
Log of Profile Pit 1
Depth USDA Classification
0’-½’ TOPSOIL; organic Sandy Loam, firm, moist, brown.
½’-6’ LOAM; moderate blocky structure, stiff, moist, brown.
• Disturbed bulk sample obtained from 4 to 5 feet depth.
• Bottom of pit @ 6 feet depth.
• No groundwater or redoximorphic features observed at the time of pit excavation.
I( A Kuma r & Associates, Inc.® + Geotechn ical and Materials Eng ineers
and Envi ronmental Scient ists
An 1:mployee Owned Company
Avalon Guarino-Lewis Project No.25-7-694
January 22, 2026 Page 2
Kumar & Associates, Inc.®
Log of Profile Pit 2
Depth USDA Classification
0’-½’ TOPSOIL; organic Sandy Loam, firm, moist, brown.
½’-4’ LOAM; strong blocky structure, very stiff, slightly moist, brown.
• Disturbed bulk sample obtained from 2 to 3 feet depth.
• Bottom of pit @ 4 feet depth where practical digging refusal occurred.
• No groundwater or redoximorphic features observed at the time of pit excavation.
Log of Profile Pit 3
Depth USDA Classification
0’-½’ TOPSOIL; organic Sandy Loam, firm, moist, brown.
½’-2½’ LOAM; strong blocky structure, very stiff, slightly moist, brown.
• Bottom of pit @ 2½ feet depth where practical digging refusal occurred.
• No groundwater or redoximorphic features observed at the time of pit excavation.
Log of Profile Pit 4
Depth USDA Classification
0’-½’ TOPSOIL; organic Sandy Loam, firm, moist, brown.
½’-6’ LOAM; moderate blocky structure, stiff, moist, brown.
• Bottom of pit @ 6 feet depth.
• No groundwater or redoximorphic features observed at the time of pit excavation.
The subsoils encountered, below about ½ foot of topsoil, consist of Loam. Digging refusal
occurred in Profile Pits 2 and 3 in the very stiff soils. Hydrometer and gradation analyses were
performed on a disturbed bulk sample of the soils from Profile Pit 2 from 2 to 3 feet depth with the
results provided on Figure 2. The tested sample (minus No.10 size sieve fraction) classifies as
Loam per the USDA system. No free water was observed in the pits at the time of excavation
and the soils were slightly moist to moist.
Based on the subsurface conditions and laboratory testing, the design soils have been classified
as Type 2 per State regulations, which equates to a long-term acceptance rate (LTAR) of 0.60
gallons per square foot per day.
Discussion and Comments: Our preliminary evaluation shows there is adequate terrain and
space on the property for an OWTS. The lot appears suitable for a conventional gravity STA
consisting of chambers in a trench configuration in areas outside of required setbacks. Setbacks
to the STA include: 100 feet from wells, 50 feet from ditches and 10 feet from property lines.
A design layout of an STA is based on an assumed construction and the soil conditions is shown
on Figure 1. The STA was sized based on the Loam soils encountered in the Profile Pits with a
Long-Term Acceptance Rate (LTAR) of 0.60 gallons per square foot per day. The STA shown is
Avalon Guarino-Lewis
January 22, 2026
Project No.25-7-694
Page 3
sized for an assumed five-bedroom, single-family residence. The STA is expected to be
chambers in a trench configuration consisting of 3 trenches of 20 Infiltrator Quick4 Plus Standard
chambers. Our soil treatment area calculations are provided on Figure 3.
Limitations: The comments and evaluation provided in this report are preliminary and not
considered suitable for OWTS permitting. A design for the OWTS, including site specific soils
evaluation in profile piti5 at the STA, should be done for the system design, permitting and
installation when building plans have been developed.
If you have any questions or if we may be of further assistance, please let us know.
Respectfully Submitted, ;z~J:c.
Shane M. Mello, E. I.
Reviewed by
David A. Young, P.
SMM/kac
Attachments Figur ~~~~~ ratory Pits
Figure n Test Results
Figure 3 -Soil Treatment Area Calculations
Kumar & Associates, Inc.®
Kumar & Associates
I
I
I
I
NO. 5 REBAR AND 1.25'
/
YELLOW PLASTIC CAP
P.L.S. NO. 14111 FOUND
0.02' ABOVE GROUND
Ei'Ei' mg
§3,&
~ 00 ~ ~ vi,;!;
QUIT CLAIM DEED FROM
EUSTIS TO MACKIE PER
REC. NO. 370144.
BARGAIN AND SALE DEED
REC. NO. 984064 DOES NOT
REFLECT TIIE REC. NO.
370144 TRANSFER
TOGETHER WlTII DESC. NO. ~ __.
PER RECEPTION NO. 94,,r
NO. 5 REBAR WlTII 1.5" •
iii: EXISTING WELL
0.30' BELOW GROUND /
'EXISTIN
\ WELL
NO. 5 REBAR AND 1.25"
YELLOW PLASTIC CAP
P.L.S. NO. 37935 TO BE
'SET(TYP.)
T~ETIIER WlTII DESC. NO. l
P' RECEPTION NO. 946644
50' X 50' AC\:ESS
EASEMEmER
REC. NO. 3,998
I CHARMAINE & SURLS, &
JAMES ARTIIUR LOCKE
QUIT CLAIM DEED 9/
I '~
'
< :"I
~~
---[EXISTING WELL 100' SETBACK/'-"' "Vro WELLS
i t z,
NO. 5 REBAR WlTII 1.5"
ALUMINUM CAP
P.L.S . NO. 14111
FOUND OFF REBAR
I
I
/■ PROFILE
'-_ __. / PIT 4
P.L.S. NO. 14111 FOUND ■
PROFILE
PIT 3
LEWIS MINOR
SUBDIVISION
LOTB
17 .850 ACRES ±
--
■ PROFILE
PIT 1
I
EXAMPLE SOIL TREATMENT
AREA (STA) CONSISTING OF
PROF 3 ROWS OF 20 INFILTRATOR
PIT 2 OUICK4 PLUS STANDARD
CHAMBERS.
60 CHAMBERS TOTAL.
(5 BEDROOMS ASSUMED) LIN DEED
WITH ALL INCLU
53.042 ACRES
LEWIS MINOR SUBDIVISION
75 0 75 150
l" ALUMINUM ROD WllH
3.25" BLM ALUMINUM CAP
STAMPED Sl3 Sl8 AP, 2000
SCALE-FEET
S 88°47'31" W
s 88°48'41" w
527.83' (FIELD)
533.50' (DEED) NO. 5 REBAR WlTII 1.25'
RED PLASTIC CAP
--400 0 400 800
SCALE-FEET
25-7-694 OWTS SITE PLAN Fig. 1
SILT
COBBLES
COARSE
GRAVEL
MEDIUMMEDIUMV. FINE
SAND
CLAY
FINE CO.FINEV. CO.CO.FINE
Kumar & Associates
HYDROMETER ANALYSIS SIEVE ANALYSIS
TIME READINGS
!MIN.LO
U.S. STANDARD SERIES CLEAR SQUARE OPENINGS
J. 24 HRS 7 HRS
1 112• 100 4!I ..,N 15 MIN 60MIN 19MIN 4MIN .,.w no •35 •18 ••o .. 3 8" 3, 4• 3• 5"6" 0
90 I 10
I
I
I
80 I 20
I
I
70 30
I
I
I
80 I -40 I I
a
I
I
I
IE 50 50 IE -i -i --40 -60 -
30 70
20 80
10 90
0 100
.001 .002 .005 .009 .019 .037 .053 .106 .250 .500 1.00 2.00 .... 75 9 .5 19 38.1 76.2 127 200
I 152 I DIAMETER OF PARTICLES IN MILLIMETERS
I I I I I I I I I I I
.002 mm .02 .05 .1 .25 .5 1 2 mm 5 20 76
SAMPLE OF: LOAM
FROM: PROFILE PIT 2 AT 2 TO 3 FEET
ENTIRE SAMPLE
GRAIN SIZE PARTICLE SIZE DISTRIBUTION %
(mm) SIEVE SIZE % FINER
COBBLES 0
127.00 5" 100 GRAVEL 1
76.00 3" 100 SAND 28
38 .10 1-1/2" 100 SILT 47
19.05 3/4" 100 CLAY 25
9.50 3/8" 99
4.75 #4 99
2.00 #10 99
1.00 #18 98 PORTION OF SAMPLE
0.50 #35 98 PASSING #10 SIEVE
0.25 #60 97
0 .106 #140 93 PARTICLE SIZE DISTRIBUTION %
0.053 #270 71 SAND 28
SILT 47
CLAY 25
TOTAL SAMPLE RETAINED ON #10 SIEVE: 1%
GRAIN SIZE TIME PASSED
(mm) (min) % FINER PERCENT OF MATERIAL RETAINED ON #10 SIEVE
PASSING 3/4" SIEVE : 100%
0.037 1 70
0 .019 4 49
0.009 19 37
0.005 60 32
0.002 435 25
0 .001 1545 19
NOTE : Hydrometer Analysis was performed on a These test results apply only to the
samples which were tested. The bulk sample following screening of all material testing report shall not be reproduced,
larger than the #10 sieve (2.0 mm) per USDA except In full, without the written
guidelines. approval of Kumar & Associates, Inc .
Sieve analysis testing Is performed In
accordance with ASTM D422, ASTM C136
and/or ASTM D1140.
25-7-694 USDA GRADATION TEST RESULTS Fig. 2
Kumar & Associates
OWTS SOIL TREATMENT AREA CALCULATIONS
In accordance with the 2018 Garfield County OWTS Regulations and the Colorado Department of Public
Health and Environment's Regulation #43, the soil treatment area was calculated as follovvs:
CALCULATION OF OWTS DESIGN FLOW:
Q = (F)(N)
WHERE:
Q = DESIGN FLOW
F = AVERAGE FLOW PER PERSON PER DAY
B = NUMBER OF BEDROOMS
N = TOTAL NUMBER OF PERSONS; 2 PERSONS PER BEDROOM IN FIRST 3 BEDROOMS
AND 1 PERSON PER EACH ADDITONAL BEDROOM
F =
B=
N=
Q=
PROPOSED RESIDENCE (ASSUMED):
CALCULATION OF OWTS SOIL TREATMENT AREA:
MINIUMUM TREATMENT AREA= Q + LTAR
WHERE:
Q=
LTAR (SOIL TYPE 2) =
MINIMUM SOIL TREATMENT AREA=
REDUCTION FACTOR FOR CHAMBERS=
MINIMUM SOIL TREATMENT AREA WITH REDUCTION =
AREA PER INFILTRATOR QUICK 4 STANDARD CHAMBER=
TOTAL CHAMBERS NEEDED=
NUMBER OF TRENCHES =
CHAMBERS PER TRENCH=
TOTAL NUMBER OF CHAMBERS AS DESIGNED=
TOTAL SOIL TREATMENT AREA =
75 GALLONS PER DAY
5 BEDROOMS
8 PERSONS
600 GALLONS PER DAY
600 GALLONS PER DAY
0.60 GALLONS/FP/DAY
1000.0 SQUARE FEET
0.70
700 SQUARE FEET
12 SQUARE FEET
59 CHAMBERS
3
20 CHAMBERS
60 CHAMBERS
720 SQUARE FEET
25-7-694 SOIL TREATMENT AREA CALCULATIONS Fig. 3
+
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1006549 05/02/2025 10:02: 17 AM Page 2 of 7
Jacklyn K . Harmon, Garfield County , Colorado
Rec Fee: $43.00 Doc Fee: $0.00 eRecorded
5. f am the successor trustee of the Lee Ann Eustis Trus1. and am the trustee of the Evan Eustis
Trust -1988. As relevant to the Real Property, the Lee Ann Eustis Trust is the successor-in-interest
to Lee Ann Eustis, my mother, who is now deceased.
6. Lee Ann Eustis conveyed the Real Property described above in Item 4 to Susan Grymes
Mackie, Trustee, Revocable Inter Vivas Trust Indenture of the Susan Grymes Mackie Trust No. 2
(the "Mackie Trust"), in a deed recorded in the real property records of Garfield County,
Colorado, on Apri l 10, 1986 , in Book 686 at Page 436, as Reception No. 370144 (the "Mackie
Deed").
7. In a series of quitclaim deeds recorded beg inn ing in December of 1989, Lee Ann Eustis
(and the undersigned Affiant or the Lee Ann Eustis Trust) purported to convey certain real property
to a variety of grantees. Recording information, in clu ding the names of the grantors and grantees
in the relevant quitclaim deeds, is found in Exhibit A, attached hereto. These quitclaim deeds listed
on Exhibit A are refe1Ted to herein as the ''Eustis Deeds."
8. The Real Property at issue in thjs Affidavit was included in the legal description of the real
property purpo11edly conveyed in each of the Aberrant Deeds du e to a sc ri vener 's error. The legal
description in each such Eustis Deed was incorrect because title to the Real Propertv at issue
in this Affidavit had already been transferred and delivered to the Mackie Trus t in the
Mackie Deed .
9. This Affidavit shall be indexed by the Clerk and Recorder in the name of the current record
owner of the Real Property.
10. When recorded, this Affidavit shall constitute prim a facie evidence of the fact that
scrivener's e rrors caused t he Real Property at issue in this Affidav i1 to be 1ncluded in the legal
descriptions used in each of the Eustis Deeds. By the execution and recordin g of th is Affidavit,
those e rro rs are co rrected. The legal descriptions of the real property conveyed in each ofthe Eustis
Deeds should not have included a descri ption of the Real Property at issue in this Affidavit. The
legal description in each of the Eustis Deeds shou ld be deemed to exclude the Real Property at
issue in this Affidavit.
11 . In a ll other respects, each of the Eustis Deeds remain in fu ll force and effect in accordance
with its terms and provisions contained therein.
12. Affian1 hereby acknowledges that Af:fiant is tcstif-ying in this Affidavit under penalty of
perJury.
FU RTHER AFFIANT SA YETH NOT.
0) ~ r, "'> \"'
t k:!: f). ~
Evan D. Eustis, Individually , Successor Trustee of the Lee Ann Eusti s Trust and Trustee of the
Evan Eustis Trust -1988
Affiant
Scrivener's Affidavit
Page 2
1006549 05/02/2025 10:02:17 AM Page 3 of 7
Jacklyn K . Harmon, Garfield County , Colorado
Rec Fee: $43.00 Doc Fee: $0.00 eRecorded
STA TE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
Subscribed and sworn to before me on this 5111 day of March , 2025, by Evan D. Eustisi as
Affiant.
WITNESS my hand and official seal. .
A:~~ SUSAN R ICHAR DSON
Notary Public
State of Co lorado
Notary ID# 20154007748
My Commfssion Ex-p i res 04-18-2027
✓ . ---Notary Public ,,
My commission expires: ~ I <3 I 2;l; L. 7
Scrivener's Affidavit
Page 3
1006549 05/02/2025 10:02: 17 AM Page 4 of 7
Jacklyn K. Harmon, Garfield County , Colorado
Rec Fee: $43.00 Doc Fee: $0.00 eRecorded
EXHIBITA
LIST OF EUSTIS DEEDS
(on following pages)
Scrivener's Affidavit
Page4
I'-0
'+-'O 'O o e Q)
l{) 0 'O
-L. Q> 0 0
O>O u co Q)
0.. >-0:::
~ c w
........ ::, 0
'"'-0 0
I'-0 c::i
;. 'O ~
N Q) ••
0 ·-Q) .. 't Q)
0 co LL
"I""" (.') (.)
~ -0
O co
('j O 0 ._ E o N '--.
O CO C'0 i?5 I s::t
0 -~ :::i:::: ..
0) Q)
s::t C Q)
lO >-LL
<D 32 (.)
0 U Q) ~ ~ a::
ua.te. Of instrument ~ .GrantQr
Undated by Grantor,
Notary date
4/09/1986 4/10/1986 Lee Ann Eustis
12/29/1989 1/2/1990 Lee Ann Eustis
Lee Ann Eust is and Evan
2/6/1990 2/7/1990 David Eustis
Lee Ann Eustis and Evan
3/11/1991 5/9/1991 David Eustis
Lee Ann Eustis and Evan
12/30/1992 12/31/1992 David Eustis
Lee Ann Eustis and Evan
1/20/1993 1/20/1993 David Eusti s
12/12/1996 12/13/1996 Lee Ann Eustis
1/1/1997 1/2/1997 Lee Ann Eustis
EXHIBIT A
Li st of Eu stis Deeds
Grantee B.o.oJs... eage Reception No.
Susa n Grymes Mackfe,
Ttee of Susa n Grymes
Mackie Trust No. 2 686 436 370144
Evan David Eustis 770 209 408766 '
Lee Ann Eustis and Eva n
David Eustis 772 361 409703
Lee Ann Eustis and Evan
David Eustis 803 881 423448
Lee Ann Eustis and Evan
David Eustis 851 448 442768
Lee Ann Eustis and Evan
David Eust is 852 770 443394
Lee Ann Eustis and Evan
David Eu stis 1003 149 502295.
Lee Ann Eustis and Evan
David Eustis 1005 430 503059
1
r---.o
-uu
0 ~ Q)
COO U -,_
<l> 0 0 e>u u ro a> n.. »er
~ c Q)
A' :J 0 ....., oo
r---. 0 ci
:. u~
N <l> ••
0 ~ Q) .. C. Q)
O cu LL
r-(.9 u
~ -0
0 co
N°o -Eo N ,_ .
O CU C") u'5 I -.:t
0 -~ ~ .. 0) Q) v C Q)
I.O >. LL
co 32 u
0 U <l>
~~er
Date ot Instrument Recordio_g Date Grantor
12/8/2000 12/8/2000 Lee Ann Eustis
V2/2001 1/2/2001 Lee Ann Eustis
12/8/2003 12/9/2003 Lee Ann Eustis
1/2/2004 1/2/2004 Lee An n Eustis
10/16/2019 11/2/2019 Lee Ann Eustis
10/16/2019 11/2/2019 Lee Ann Eustis
10/16/2019 11/2/2019 Lee Ann Eu stis
9/30/2022 9/30/2022 Evan D. Eustis
Evan D. Eustis, Ttee of
9/30/2022 9/30/2022 Lee Ann Eustis Trust
12/13/2022 12/30/2022 Evan D. Eustis
EXHIBIT A
List of Eu stis Deeds
Grantee RQ.ok. eage Reception No --
Lee Ann Eustis and Evan
David Eustis 1221 420 573383
lee Ann Eustis and Evan
David Eustis 1224 931 574340
Lee Ann Eustis and Evan
David Eu stis 1545 380 642625
Le e Ann Eustis and Evan
David Eusti s 644072
Eva n David Eustis 928030
Evan David Eustis 928031
Lee Ann Eustis Trust 928032
Evan Eustis Trust -1988 979851
Evan Eustis Trust -1 988 979853
Evan Eustis Trust -1988 984082
2
I'-0
-"O 'O 0 ~ (1)
I'-0 -e
<1> 0 0
0>0 u
a, -2 CL >-LL
~ c <1>
<( ::, 0 oo
r--. 0 ci
:. 'O ~
N <1> ..
0 ·-(1) .. 't:: (1)
0 a, lJ..
,-C) u
I[') -0 Nco
~00 -. E o N '-. o ro M U? I ~
0 -~ ~ ..
0) (1)
~ C. (1)
I[') >-lJ..
<O ~ u
0 (.) (1)
0 ro rv
..--, LL.
Date Of Instrument Recordi ng Date Grao1Qr
12/16/2022 3/9/2023 Evan D. Eust is
Evan D. Eustis, Ttee of
12/16/2022 3/9/2023 Lee Ann Eustis Trust
Evan D. Eustis, Ttee of
12/16/2022 3/9/2023 Lee Ann Eustis Trust
EXHIBIT A
list of Eustis Deeds
Grantee anak. fage Rece_e_tioo No 1nc~w,,u,1x11 1 :nrtl1
Evan Eustis Trust -1988 982474
Evan Eustis Trust -1988 982475
Evan Eustis Tru st -1988 984064
3
1006559 05/02/2025 01 :15:25 PM Page 1 of 5
Jacklyn K. Harmon, Garfield County, Colorado
Rec Fee: $33.00 Doc Fee: $0.00 eRecorded
CORRECTION
BARGAIN AND SALE DEED
Evan O. Eustis, Grantor, for consideration of Ten DolJars ($ I 0) and other good and valuable
consid eration, in hand paid, hereby sell s and conveys to the Evan Eustis Trust-1988, Grantee,
whose legal address is 7373 Clement Road, Vacaville, California 95688. (Note to Assessor an_d
Treasurer: Property tax statements should be mailed to Evan D. Eustis, c/o Loring Wolcott &
Coolidge, 230 Congress Street, 12th Floor, Boston, Massachusetts 02 1 IO)~ all of Grantors right,
title and interest in and to that real property located in the County of Garfield and State of Colorado
described as follows:
See Exhi bi t '1A" attached hereto and incorporated herein by this reference;
also known by street and number as: 3683 Cmmty Road l 03 , Carbondale, Colorado 81623 ;
Assessor's Parcel No. 2393-131-00-297;
together with a ll ditch and water rights belonging to, used upon, or in connection with the lands
described on the attached Exhibit "A";
together with all appurtenances and pri vil eges thereto belonging to in anywise thereto
appertaining and subject to easements , restrictions, reservations. rights of way, covenants and
grants ofrecord.
CORRECTION DEED: This deed is recorded to cmTec t the legal description in those certain
"Eustis Deeds" described in the Affidavit Purs uant to C.R.S. Section 38-35-109(5) recorded
contemporaneously herewith in the Garfield County Clerk and Recorder's office on Ma~ b
2025 as Reception No. I ()0 (pS1'1 .
NO DOCUMENT ARY FEE REQUTRED: Transfer for estate planning purposes witb
consideration le ss than $500.
SIGNED on this 5 th day of March , 2025.
Evan D. Eustis, G;antor
(Notarization on following page)
After Recording Return To: Susie Richardson L;aw P.C.
P.O. Box 23 90, Glenwood Springs., Colorado 81602
1006559 05/02/2025 01 :15:25 PM Page 2 of 5
Jacklyn K . Harmon, Garfield County , Colorado
Rec Fee: $33.00 Doc Fee: $0.00 eRecorded
STATE OF COLORADO
) ss.
COUNTY OF GARFIELD )
The fo r ego ing instrument was acknowledged before me 011 this 5th day o f March , 2 025 by Evan D.
Eustis, as grantor.
WlTNESS my hand and official seal.
SUSAN RICHAR_DSON
Not ary Public
state of Co l orado
Notary ID it 20164007 ./48
M Y Commission Expires 04-18-2027
l
&~ Yl»~~ '
"Notary Public , . ----
M y commission exp ires: .Af=~ t 51 z..oa.1-
After Recording Retu rn To: Su sie Richardson Law P.C.
P.O. Box 2390 , Glenwood Springs, Co lorad o 81602
1006559 05/02/2025 01 :15:25 PM Page 3 of 5
Jacklyn K . Harmon, Garfield County , Colorado
Rec Fee: $33.00 Doc Fee: $0.00 eRecorded
EXHIBIT "A"
A TRACT OF LAND SITUATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION
13, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN AND THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 7 SOUTH,RANGE 87 WEST OF THE
6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT GARFIELD COUNTY SURVEYOR BRASS CAP, FOUND IN PLACE AND PROPERLY MARKED
FOR THE NORTHEAST CORNER OF SAID SECTION 13, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH
PRINCIPAL MERIDIAN AND FOR THE NORTHWEST CORNER OF SAID SECTION 18, TOWNSHIP 7 SOUTH,
RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN;
THENCE S 18° 18'30" E. 320.38 FEET;
THENCE S. 00° 34'09" W. 433.54 FEET TO THE CENTERLINE OF COUNTY ROAD 103;
THENCE N. 89° 25'51" W. 69.87 FEET ALONG THE CENTERLINE OF SAID COUNTY ROAD NO.103 TO A
POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION 18, TOWNSHIP 7 SOUTH , RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN, ALSO BEING A
POINT ON THE EAST LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID
SECTION 13, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN;
THENCE S. 02° 03'24" E. 67 .27 FEET ALONG SAID WEST LINE OF SAID NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH
PRINCIPAL MERIDIAN, ALSO BEING ALONG THE EAST LINE OF SAID NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 13, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH
PRINCIPAL MERIDIAN;
THENCE N. 86° 10'03" W . 1182.96 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD
NO.103;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD NO. 103 THE FOLLOWING
COURSES: N. 18° 05'29" E. 77.00 FEET;
THENCE N. 49° 09'17" E. 32.11 FEET;
THENCE N. 66° 35'14" E. 57.58 FEET;
THENCE CROSSING SAID COUNTY ROAD NO. 103 N. 08° 28'34" W . 37.11 FEET, TO A POINT ON THE
NORTHERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD NO. 103;
THENCE DEPARTING SAID COUNTY ROAD NO.103 ON A COURSE BEARING N. 01° 12'32" W, 298.30 FEET;
THENCE N. 75° 34'43" E. 1096.71 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH A ONE-THIRD (1/3) INTEREST IN THE WELL.SERVING THE ABOVE DESCRIBED PROPERTY,
THE WELL PUMP AND COMMON PIPELINE, AND THE WELL RIGHTS AND WATER RIGHTS CONNECTED
THEREWITH, SUBJECT TO THE TERMS AND CONDITIONS OF THE RECORDED COVENANTS APPLICABLE
THERETO.
TOGETHER WITH, THOSE EASEMENTS AND RIGHTS-OF-WAY AS DESCRIBED IN THE RECORDED
COVENANTS APPLICABLE TO THE ABOVE-DESCRIBED PROPERTY.
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1006559 05/02/2025 01 :15:25 PM Page 4 of 5
Jacklyn K . Harmon, Garfield County , Colorado
Rec Fee: $33.00 Doc Fee: $0.00 eRecorded
EXCEP-T FOR THE CONVEYANCE BY QUIT CLAIM DEED EXECUTED ON APRIL 9, 1986, AND RECORDED ON
APRIL 10, 1986 IN BOOK 686 AT PAGE 436 AS RECEPTION NO. 370114 IN THE OFFICIAL RECORDS OF
GARFIELD COUNTY, COLORADO BY LEE ANN EUSTIS, AS GRANTOR, TO SUSAN GRYMES MACKIE, TRUSTEE,
REVOCABLE INTER VIVOS TRUST INDENTURE OF THE SUSAN GRYMES MACKIE TRU ST NO. 2, AS GRANTEE,
OF THE FOLLOWING REAL PROPERTY:
A tract of land situated in lot 1 of Sec. 13, T. 7 S., R. 88 W. of the 6th. P.M, Garfield County,
Colorado, and be ing more particularly described as follows:
Beginning at the Southeast Corner of said Lot 1 whence a brass cap found in place and
properly marked for the Northeast Corner of said Sec. 13 bears N. 02°03' 24" W 804.85
feet;
thence N. 86°10 '03" W. 403.45 feet along the Southerly boundary line of said Lot 1;
thence N. 07° 31' 03" E. 23.17 feet to a point fn a fence as built. and in place;
thence N. 89° 20' 12" E. 241.42 feet in said fence;
thence S. 88° 55' 47" E. 156.33 feet in said fence to a point on the Easterly boundary line
of said Lot 1;
thence S. 02° 03' 24" E. 49.96 feet a long said Easterly boundary line to the point of
beginning;
co ntai ning 0.35 acres more or less,
EXCEPTING from the above-described real property a 60-foot wide Co unty Road right-of-
way described as Reception No. 231837 in Book 370 at Page 179 of the records of the
Garfield County Clerk and Recorder,
COUNTY OF GAR FIELD
STATE OF COLORADO.
EXCEPT FOR THE CONVEYANCE BY QUIT CLAIM DEED EXECUTED ON MAY 24, 2013, AND RECORDED ON
MAY 31, 2013 AS RECEPTION NO. 836075 IN THE OFFICIAL RECORDS OF GARFIELD COUNTY, COLORADO
BY LEE ANN EUSTIS, AS GRANTOR, TO RICHARD C. PIFFER, AS GRANTEE; OF THE FOLLOWING REAL
PROPERTY:
A TRACT OF LAND SITUATED IN LOT 1 OF SECTION 13, TOWNSHIP 7 SOUTH, RANGE 88
WEST OF THE 6TH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, LYING
NORTHERLY OF THE SOUTHERLY BOUNDARY LINE OF SAID LOT 1 AND SOUTHERLY OF THE
SOUTHERLY RIGHT-OF~WAY LINE; OF GARFIELD COUNTY ROAD NO. 103 AS BUILT AND IN
PLACE, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY LINE OF SAID
LOT 1 WHENCE THE NORTHEAST COR NER OF SAID SECTION 13 BEARS N
44°22'34"E 1053.39 FEET; THENCE N 86°10'03"W 378.78 FEET ALONG
THE SOUTHERLY BOUNDARY LINE OF SAID LOT 1 TO A POINT ON THE
SOUTHERLY RIGHT-O~WAY LINE OF SAID COUNTY ROAD NO. 103;
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1006559 05/02/2025 01 :15:25 PM Page 5 of 5
Jacklyn K . Harmon, Garfield County , Colorado
Rec Fee: $33.00 Doc Fee: $0.00 eRecorded
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE ON THE
FOLLOWING THREE (3) COURSES; 160.71 FEET ALONG THE ARC OF A
179.50 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH
BEARS N 59°13'16"E 155.40 FEET; THENCE 187.96 FEET ALONG THE ARC
OF A 553.24 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH
BEARS S 8S0 23'49"E 187.06 FEET; THENCE S 75°40'10"E 69.72 FEET;
THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE ON A COURSE
BEARING S 07°31'03"W FOR 74.16 FEET TO THE POINT OF BEGINNING ,
CONTAINING 0.69 ACRES MORE OR LESS.
COUNTY OF GARFIELD,
STATE OF COLORADO.
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