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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.darfieid-county.com Special Use Permit GENERAL INFORMATION (To be completed by the applicant) Street Address / General Location of Property: (-)nn cn„n r y RH "n2 Glenwood springs • Legal Description: T • a 14 - - ,(Pmptinn • Existing Use & Size of Property in acres: single Fami ly 73 acres Description of Special Use Requested: t wn f am i ly dwelling ➢ Zone District: A R R n Name of Property Owner (Applicant): Patr k & Marily , Linda Fitz • Address: p _ B x 1330 Telephone: 945 5554 era • City: Glenwood Springs State: co Zip Code:81602 FAX: 9455552 Name of Owner's Representative, if any (Attorney, Planner, etc): none Address: Telephone: City: State: Zip Code: FAX: STAFF USE ONLY Doc. No.: Date Submitted: TC Date: Planner. Hearing Date: • • c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. 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 applicant/owner) • • Last Revised: 11/07/2002 • • S SPECIAL USE PERMIT REQUEST PATRICK & MARILYN FITZGERALD NARRATIVE: Nature and character of Special Use Requested: This is a request to utilize an existing home as a two family dwelling. The house has been designed with a walk -out, day lighted basement that is presently unfinished space which the applicant wishes to convert to an additional dwelling unit which would be used for leasehold purposes. Specifications for proposed use: The part of the lower level that will become the additional unit is just under 1500 square feet in size, will be developed as a two bedroom, one bath unit with full kitchen, combination living room/dining room and laundry area. At a later date a garage/storage area (shown on attached plat) will be built for tenant use and to house the owners garden implements. Hours of operations: Both the applicants unit and the requested unit will be year around. primary residences. Number of vehicles: The applicant has two vehicles, the tenant will be limited to two vehicles. Provision for utilities: Underground electric and telephone are installed to the present house. A water well and ISDS tank are in placed. Heat is provided by a propane, hot water furnace. WATER AND WASTE WATER: Water: Water is provided by a deep (420 foot) well. The well is shared ly_Lnts_2 and 4 of The Senor Mesa Exemption and the well is the subject of a West Divide ontract which is permitted for two dwellings per lot. The well has been tested at 15 gallons per minute. Copies of the well permit and the West Divide Augmentation Contract are attached. The property is irrigated with ditch water, part of which is by sprinkler and part by flood irrigation. Waste Water: Waste water treatment will be by ISDS. When the house was designed it was permited as a five bedroom house,(there is presently only one bedroom) consequently the ISDS was oversized. Copies of the ISDS permit and inspection are attached. COVENANTS: The protective covenants that are attached to the property provide that a detached., additional dwelling unit may be built on each lot in the subdivision. All four owners of the subdivision have agreed that the covenants may be modified to allow the additional dwelling unit to be built as part of the main house as long as no other units are built on a given lot. If this Special Use Permit is granted, the applicant will provide an amendment to the covenants to that effect and record same at the Court House with copies to the Planning Department. Copies of the letters from the other lot owners are attached. • • • • STATEMENT RESPONDING TO THE CRITERIA OF SECTION 5.03 OF THE ZONING REGULATIONS: • • 1. Utilities: a. Water: Waw' -is -provided by a 420 foot deep well which has been tested at 15 gpm. The well is permitted by the State of Colorado • d has a West Divide augmentation contract allowing a total of fou (4} re'*dences. The well has been in use for four years and there have been no problems with supply or quality. b. Waste Water: The ISDS system has been designed in excess of of bedrooms which will exist. Design factor is for a total - The design for the ISDS was based on soil percolation tests . r ormed by H.P. Geotech. 2. Street Improvements: The access roads and the subdivision are permitted for four lots with a total of two homes per lot. No homes beyond that density will be allowed. The roads are maintained by the Senor Mesa Home Owners Association which is more than adequately funded. 3. Design is organized to minimize impact: a. The present use is a single family home. if the application is granted there will be no change in any of the layout and the actual impact will be less than if two homes were on the property. There are no intensively utilized areas. No adverse lighting, no signs and in general the subdivision and the applicants site are hidden from view. • • GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include an Agreement for Payment Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The complete fee schedule for subdivision and land use applications is attached. GARFIED COU•Y BUILDING AND PLANNI• DEPARTMENT BASE FEES The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. TYPE OF PROCEDURE BASE FEE Sketch Plan Preliminary Plan Final Plat Amended Plat Exemption from the Definition of Subdivision (SB -35) Land Use Permits (Special Use/Conditional Use Permits) • Administrative/no public hearing • Board Public Hearing only • Planning Commission and Board review & hearing Zoning Amendments • Zone District map amendment • Zone District text amendment • Zone District map & text amendment • PUD Zone District & Text Amendment • PUD Zone District Text Amendment Board of Adjustment • Variance • Interpretation Planning Staff Hourly Rate • Planning Director • Senior Planner • Planning Technician • Secretary County Surveyor Review Fee (includes review of Amended Plats, Final Plats, Exemption Plats) Mylar Recording Fee Page 2 $325 $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey $200 $100 $300 $250 $400 $525 $450 $300 $500 $500 $500 $250 $250 $50.50 $40.50 $33.75 $30 Determined by Surveyor$ $11 — ls` page $10 each additional page • The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. 9. This fee structure shall be revised annually as part of the County budget hearing process. Page 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and 4- t (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for S (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Signature Date: 6 T,�7(ZC'K /(h lz .P AA to/ Print Name '/ ti iling Address: a©X ,i,„0 f2(/L7 S Page 4 • • WELL PERMIT AND AUGMENTATION Water Quality anatysis available ❑ Yes ® N Remarks 0. i have read the s - herein .,tcontents thereof, and that true knowledge. [Pursuant to Section 24-4104 (13)(a) C.R.She making of false statements herein constitutes in the seoc degree and is punishable as a class 1 misdemeanor.) NTRACTOR SAvEl--s QN fu PIP c . IAt ' Phone (970) 945-63oo Lic. No. I05-0 :fling Address p. Q. 60 x`17 (EuUJOOb SPS to Name/Title (Please type or print) Signature ) A(JN AMOFL0N F FORM NO. GWS -32 10194 PUMP INSTALLATKOAND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER 46 WELL PERMIT NUMBER 2 3. 5. o4r1s/07—F OWNER NAME(S) P T F i`1" Gc n L� Mailing Address P-0. r'n i 330 City, St. Zip Phone (70 ) 7.1 S - 5 ,, 1' • For Office Use only WELL LOCATION AS DRILLED: (-1) 1/4 Ai1/4, Sec, '317i Twp. , Range JO DISTANCES FROM SEC. UNES: 13 2 4 ft. from AJ N Sec. line. and i -±; ft. from Ell ` Sec. line. (norm or maim (east or west LOT BLOCK FIUNG(UNIT) SUBDIVISION: STREET ADDRESS AT WELL LOCATION: PUMP DATA: Type > v rq it-tCh:s iii L.E. Installation Completed 4/ 2-AO)C Pump Manufacturer STP -- /Q.1TPump M. -:sol No. 7P4 For.H Design GPM 7 at RPM 344'SO , HP /7v -14t. , Volts 2.30V , Full Load Amps //.3 Pump Intake Depth Quo' Feet, Drop/Column Pipe Size f Inches, Kind Scti W PVC., ADDITIONAL INFORMATION FOR PUMPS GREATER THAT 50 GPM: TURBINE DRIVER TYPE' ❑ Electric ❑ Engine ❑ Other D' Head feet, Number of Stages Shaft size inches. esign OTHER EQUIPMENT: Airline Installed ❑ Yes No, Orifice Depth ft. . Monitor Tube Installed D YesZ No, Depth ft. Flow Meter Mfg. Meter Serial No. Meter Readout E Gallons n Thousand Gallons, ❑ Acre feet, _ Beginning Reading 6. TEST DATA: ❑ Check box if Test data is submitted on Supplemental Form. Date 4/Z/L7O Total Well Depth 4 :70/—on Time Static Level 3(),1 `— 5 Rate (GPM) /5 (5f),,,,-- Date f - Date Measuredz____.(422-_4i..__)0__ Pumping Lvl. 3:z3' — ci " 06-.ei -c f Amt. Used /641-- 7. DISINFECTION: Type 9. Date 5/' r) 0 /GWS -10 03/92 • • J I /AI LA- �,O LVrUyLV OFFICE OF THE ' ATE ENGINEER 818 Centennial BId 3 Sherman St, Denver, Colorado (303) 866-3581 FOR INSTRUCTIONS, SEE REVERSE SIDE 80203 STATEMENT OF BENEFICIAL USE WELL PERMIT NUMBER 049807 F ror vnwe we Unry • RECEIVED #103% 1. WELL OWNER Dieter & Carina Sander (1/2 interest) NAME(S) Patrick M. & Marilyn A. Fitzgerald (1/2 interest Mailing Address P.O. Box 1330 City, Si. Zip Glenwood Springs, CO 81602 Phone (970 ) 945 5554 4VML HaSGUFGES STATE ENGINEER r;I.ENWOAn RECEIVED MAY 0 9 2000 WATER RESCAAIGES STArE ENGINEER 2. WELL LOCATION: COUNTY Garfield OWNER'S WELL DESIGNATION 0600 County Road 138, Glenwood Sorings, CO 81601 (Address) �-� (City) (State) (Zip) SW 1/4 of _ NE 1 /e Cor 35 Two. 5 fl N. or I h I S., Range 90 fl E. or W. 6th P.M. Ft. from [1 E. or El W. Line. Distances from Section Lines 1324 3. Ft. from E N. or [1 S. Line, 1325 Ix 1 The well is being used for the following purpose(s): Domestic. irrigatian and lives tor k well is permitted for 4 single family dwellings (in house), also fire protection • 4. 5. 6. Water from the well was first used beneficially under this permit number, for the above described purposes on (Do not report a date which is before the issued date of this permit) April 28th X9( 2000 The pumping rate claimed is 2n gallons per minute. The average annual amount of water diverted is 4 acre feet. 7. The land area irrigated (watered) by water from this well is: 24.000. (Number) described as: (Legal Description) or as Senor Mesa FxPmption Subdivision Lot(s) 4 & 9 Block n/a Acres or lX I Square feet, 8. 9. 10. Well drilled by: CdLL/Ns r�12.4�Li1('Cj Pump installed by: Samuelson Pump Co., Inc, Filing/Unit n/a Lic. No: J .? 7 • Lic. No: /DSD Serial No.: 19903770 Date InstalledApri 1 29. 2000 • Meter Mfg. by Hays I (we) have read the statements made herein, know the contents thereof, and state that they are true to my (our) knowledge. [Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury in the second degree and is punishable as a Class 1 misdemeanor.] r Name/Title (Please type or print) Patrick M. Fitzgerald Dieter Sander z . Signature 14"4 FOR,'FFICE • . ONLY Accepted that the conditions of approval as stated on the well permit are complied with. State Engineer Court Case No. de By Div. Co. WD Basin MD Date 5/1/00 ii/nn Date Use Clerk and Recorder Recording Information WEST DIVIDE WATER CONSERVANCY DISTRICT APPLICATION FOR CHANGE OF OWNERSHIP Water Allotment Contract #: 980115DS(c) Name of Contract Holder: DIETER AND CARINA SANDER (LOT 2) MICI IAEL AND 1' LIZABEI'11 MARTUCCI (1. Name and Address of Assignee: DIETER AND CARINA SANDER 7CL�tr1`SS Cfi 47I!4 m.c r T,G 81424 Amount of Water Assigned in Acre Feet: 4 Legal description of parcel where well is located: LOTS 2 AND 4, SENOR COLORADO Recording Information of Memorandum of Water Allotment Contract: Recording Information of Prior Water Allotment Contract: County: GARFIELD Book: 1081 County: GARFIELD Book: 1 122 Contract # 980115DS(c) Map ID # 271 Date Activated : 1/22/98 Date: TO -\.v) e_ ICA �� 01' 4) PATRICK M. FITZGERALD P. 0. 130X 1330 GLENWOOD SPRINGS, CO 81602 MESA EXEMPTION, GARFIELD COUNTY, Reception No.: 529795 Page: 487 Reception No.: 543090 Page: 530 The undersigned Contract Holder and Assignee do hereby give notice to and make application to West Divide Water IIInservancy District for the assignment of the above described Water Allotment Contract. By signing this instrument, Assignee oes hereby agree to assume and be bound by the terms and conditions of said Water Allotment Contract and all addenda and exhibits thereto. It is understood that Contract l lolder is released from perlortnance under said contract to the extent that such performance has been hereby assumed by Assignee. Signed the da Ors appearing ab �. tLr, L- L Contract !lolder Contract I DIETER SANDER ICHAEL ' : ' TUCCI yLL. C/'� Ide Assignee Assignee 2' <. Contract !folder CARINA SANDER Contract Itoldii( ELIZAB' H MARTUCCI !/moi'/�/ DIETER SthNDER Assignee ALD -rt, RIC1TZGE STATE OF ei•,!/,-y.n An ) )ss. COUNTY OF pp (4 ) The foregoing instrument was acknowledged before 1)1e r Sank-� Witness my hand and official seal. My goompiiltlokwiies: riotchkiss, Co My Commission Expires October 2 , 2002 STATE OF (oic, (c t ci ) ) ss. COUNTY OF V C ) The foregoing instrument was acknowledged before me on Witness my hand and official sea My commission expires: CARINA SANDER , 2000, by Notary Public this / day of 4/.1 1. __ 1 at & HridgaStree► Hotchkiss, CO �% My commission Expires ✓!'J1 July 14, 2001 Notary Public 1 z c., , 2000, by • • STATE OF ) ss. COUNTY OF .( ,,,,j,z..G ) s: The foregoing instrument was acknowledged before me on this „AT -illy of ., Y , 2000, .4{1c!` r; i y,�c S7y to 4.• t4e / %�. n nrv, X:L/ i r.•�, Y by Witness my hand and official seal. My commission expires: // / i,;. L. Wim— Notary Public tE11.4 1N. NOTARY PUBLIC • -,vado 04/17/2000 APPROVED BY WEST DIVIDE WATER CONSERVANCY DISTRICT •President Date After recording return to West Divide Water Conservancy District, P. O. Box 1478, Rifle, CO 81650-1478 .� 1 111111 111111 1E1 11111 11111 11111 IIIII 1[1111 1111 1111 543090 04/01/1999 03 21P B1122 P530 M ALSDORF of 1 R 6.00 D 0.00 GARFIELD COUNTY CO • Con s ac:i. # 9801151)S(b) Mali ID # 271 D,, Le Ac1.1vaL d 1/22/98 WEST DIVIDE WATER CONSERVANCY DISTRICT APPLICATION FOR CHANGE OF OWNERSHIP Water Allotment Contract #: 980115DS(b) Date: 4 \: Name of Contract Holder: Dieter Sander Name of Assignees: Dieter and Carina Sander (Lot 211 Michael and Elizabeth Martucci (Lot 4) Mailing Address of Assignees: 0142 Peachblow Lane, Basalt, Colorado 81621 Amount of Water Assigned: 4 af (2 af to Sander; 2 af to Martucci) Legal description of parcel where well is located: Lots 2 and 4. Senor Mesa Exemption. Garfield County. Colorado Recording Information of Memorandum of Water Allotment Contract: County Garfield Reception No. 529795 Book 1081 Page 487 The undersigned Contract Holder and Assignees do hereby give notice to and make application to West Divide Water Conservancy District for the assignment of the above described Water Allotment Contract as set forth above. By signing this instrument, Assignees do hereby agree to assume and be bound by the terms and conditions of said Water Allotment Contract and all addenda and exhibits thereto. It is understood that Contract Holder is released from performance under said contract to the extent that such performance has been hereby assumed by Assignees. Sighed .he date ;first appearing above. Dieter Sander, Contract Holder Carina Sanders�Assignee STATE OF CcIU(ado COUNTY OF L 1--6? "0_ The foregc1ing instrument was acknow.1pdged,,a-fore o f LMACA t" v 19 t. q, by i 1 (.4 LTi In 1 r' .IMy Commission Fxpiras Witness my hand and official seal. My-commissionr- xp'kres : ,12/04/2002 . ' X c 1ILL � 1,�~� s ` I No/6ary Public rr . �L OTS mE OF C.c'I1Ti =1n1 C ) � ', m.. -� - ss. p) U861111\1 � e •••'i.%` °, , The foregoing instrument was acknowledged before me on P rift+his Pt day of (?riL.;,, , 19 � by L..»IPICJI: ;1p ICL. ) yy Witness my hand and official seal. My commission expires: /2/142/{1 I ‘ , i , .1 r-C7h. (.14L1.1.. 0 Notary Public ) ss. , 1 ( L ter ander, Assignee M hael Martucci, Assignee El z •: beth Mar APPROVED BY WEST DIVIDE WATER CONSERVANCY DISTRICT President Date Rev. 8/26/97 CURRENT 1/1/98 • Contract No. 980115DS (a ) Map 11) No. 271 Date Activated 1122/98 APPLICATION AND DATA FORM TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT A. APPLICANT Name Dieter Sander Address 0142 Peachhlow Lane, RasaLL Telephone Number 970 / 927 -__427 Authorized Agent or Representative self B. WATER RIGHT OWNED BY APPLICANT OR BEING APPLIED FOR Name of Right Type of Structure or Right Well Location of Point of Diversion (description from decree or permit) 335, T5S, 119.OW, 6PM Garfield County, Cnlnradn 1324 feet S of N -Line and 1325 feet • - Water Court Case No. Well Permit No. 167567 C. INTENDED USE OF LEASED WATER Location of Area of Use,(Include complete and accurate legal description of property on which water right is to be used. May be attached as Exhibit A) 111 Lots 2 and 4 of Senor Mesa Exemption Copy of Plat is attached 3d,1 C Pte. 1 .:7P5 o Total. Acreage 29.9 Description of Use Domestic, fire protection, irrigation of home gardens and lawns and watering of domestic animals Total Number of Dwelling Units 4 Number of Constructed Units Number of Vacant Lots 2 Potable Water System well Waste -Water Treatment System septic Type of Meter or Measuring Device Projected Monthly Volume of Leased Water Needed in Gallons: THESE FIGURES ARE ACTUAL DIVERSIONS OR CONSUMPTIVE USE ONLY (Actual diversions roust be used unless contractee has an augmentation plan) Jan. Feb. Mar. Apr. May June. July Aug. Sept. Oct. Nov. Dec.— .4n Annual Total Gallons Acre Feet 2, '-\ At Maximum Instantaneous Demand 20 gpm D. OTHER REMARKS We are applying to have the existing exempt well permit expanded to provide a legal water supply for a single • family home and a guesthouse on each of the two above lots. Date January 15, 1998 1 (-)Z :_ Applicant /Applicant nin l;entenniar twig., 1x13 Sherman St, Uenver, Colorado 80203 (303) 868-3581 APPLICANT TRUST OF 1 P WILLIAMS 0981 245 R D NEW CASTLE CO 81647 PERMIT TO USE AN EXISTING WELL LIC WELL PERMIT NUMBER 167567 - DIV. 5 CNTY. 23 WD 39 DES. BASIN MD Lot: Block: Filing: Subdiv: APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NE 1/4 Section 35 Twp 5 S RANGE 90 W 6th P.M. DISTANCES FROM SECTION LINES 1500 Ft. from North Section Line 1370 Ft. from East Section Line 1 ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDIl1ONS 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 the permit does not assure the applicant 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 and Pump Installation Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction arid Pump Installation Contractors in accordance with Rule 17. 3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) for the use of an existing well, constructed under file no. MH - 18029, and as the only well on a tract of land of 35.1 acres described as that portion of the NE 1/4 of Sec. 35, Twp. 5 South, Rng. 90 West of the 6th P.M., Garfield County, being more particularly described on the attached exhibit "A'. 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside two (2) single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns and the watering of domestic animals. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The retum flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. rg f) I I -)5- DIVISION )S DIVISION COPY • PPROVED /J JD2 IAC Aukz_e_,e_ Receipt No. 0326188A Engines/ By DATE ISSUED NOV 3 0 1992 EXPIRATION DATE NOV 3 0 1994 1 Crdk. ���• 1 1 1,' ._ (_ _1_ 31 f -f 1 CN1' a\-/1, C ,4. 1 3E R88W 1. 0) t ✓' /:71 ( ( I Y -yr — os,. n 1 e I 494,-47 .•': 564100 19 AREA A NEW CASTLE 1241314_--- • eo0° GLENWOOD SPRINGS -- T6S 24 T5S 7200! t 30 G 1 42 57, 64-82 0 3 O•. 24 \ *0 \\ I AREA A ‘s, I I� I � 1 --`-- — v 96 f 000 31 e •URRENT 1/1/98 • • Contract. # 98011.5DS (a ) Map iD # 271 Date Activated 1/7 7/9i3 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT/LEASE Name of Applicant.: Dieter Sander Quantity of Water hi Acte feet.: Applicant., hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado. organized pursuant to and existing by virtue of C.R.S. 19/3, §3/-45 101, et seq.. (hereinafter ret erred to as the "District.") for an allotment contract/lease to beneficially and perpetually use water or water rights owned. leased, or hereafter acquired by Lhe District. By execution of this contract/lease and the attached application. Applicant hereby agrees to the following terms and conditions: 1. Water Rights: Applicant shall owrt water rights at the point of diversion herein lawfully entitling � pplicant to divert water. which will be supplemented and augmented by water leased herein. If Applicant intends to divert irolgh a well. it must be understood by Applicant that no right to divert exists until a valid well permit. is obtained from the Colorado Division of Water Resources. 2. Quantity: Water applied fol' by the Applicant in the alount set forth above shall be diverted at. Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado Slate Engineer dttritly periods wtien said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre feet per year of storage water owned or controlled by the District. It. is understood that. any quantity allotted from direct flow. storage or otherwise, to the Applicant by the 1)1st.rict will be limited by the priority of the Dist.rict.'s decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so luny as water is available and the Applicant. fully complies with all of the terms and conditions of this contract./lease, the District and the Applic:ant recognize that some of the Dist.rict.'s decrees may be in the name of the Colorado River Water Conservation District. and the ability of the District to allot direct. flow right to the Applicant. may be dependent on the ccnrsent of the Colorado River Water Conservation District:. if at any time the Applicant determines it requires less water than the amount herein provided. Applicant may so notify the Distric:t in writing. and the amount. of water allotted under this contract/lease shall be reduced permanently in accordance with sttch notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial (Ise and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: murric:ipal, domestic and related uses, or commercial (except to the extent. that. Ruedi Reservoir water may not he available for (unrnerc i a l as that term is defined on Page 5 of Contract No . 2-07- 70-W0547 between the United States and the West Divide Water Conservancy District.). Applicant's beneficial use of any and all water allotted shall he within or through facilities or upon land owned, leased. operated, or under Applicant's control. 41111 4- Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir and Green Mount.ain Reservoir, or other works or facilities of the District, or from other sources available to the District, shall he delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for 1 • 0 d other sources, and release or delivery of water at such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green Motnt.ain Reservoir shall be subject to the District's lease contracts with the united States Bureau of Reclamation. Releases from other facilities available to District shall be subject Lo the contracts, laws, rules. and regulations governing releases therefrom,- Furthermore. the Distric:t hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the wat.er service to the Applicant pursuant to this agreement. is riot unpaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October 1). shall revert Lo the water supplies of the District. Such reversion shall not entitle Applicant t.o any refund of payment made for such water. Water service provided by the District stall be limited Lo the amount of water available in priority at. the original point of diversion of the District's applicable wat.er right, and neither Lhe District, nor those entitled to utilize the District's decrees. may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case !;. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's wat.er rights or storage wager may be required in order for Applicant: to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant.. The District reserves the right t.o review and approve any conditions which may be attached to ,judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicarnt acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein, and further Ilkes to indemnify the Dist.r'ict from any costs or losses related thereto. Applicant. is solely responsible for providing s and facilities necessary to obt.ain/divert the waters at. said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred Lo the Applicants point of diversion. the Applicant shall make annual payments to the District based upon the amount of water allotted under this contract./lease. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District, written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder. Applicant shall not be obligated to pay any amount. under Paragraph 18 below. irr any event.. the District shall have the right, to approve or disapprove the Applicant's augmentation plan and the Applicant, shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the ad,ju.rdicat.ion thereof. 6. Contract/lease Payment: Non-refundable, one time adminisl.rat.ive charge. in the amount determined by the Board of Directors of the District from gime to time. shall be submitted with the application for consideration by the District. Annual payment. for the water service described herein shall be determined by the Board of Directors of the Dist.ric:t. The initial annual payment shall be made in full. within thirty (30) clays after the date of notice to the Applicant that: the initial payment is due. Said notice will advise the Applicant.. among other things. of the water delivery year Lo which Lhe initial payment shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each uary 1. If an annual payment is not made by the due date a flat S50 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail, return receipt requested. to the Applicant at such address as may be designated by the Applicant, in writing or set forth in this contract/lease or application. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. fifteen (15) days after the date of said written notice. Applicant shall at tle or interest, under this contract/lease without further notice. and delivery water, as herein made, may be transferred. leased, or otherwise disposed of the District. If payment is not made within District's sole option have no further right.. ti may be 1nrnediately curtailed. The allotment of at the discretion of the Board of Directors of Upon cancellation of this water allotment contract/lease with the Dist.rict.. Lhe District shall notify the Division of Water Resources offices in Deriver and Glenwood Springs. The Division of Water Resources may their order cessation of all water use. 1. Additional Fees and Costs: Applicant agrees to defray any connection with the allotment of water rights hereunder, including. but not limited to. costs incurred in connection with any water rights and adjudication necessary to allow rights. expenses incurred by the District in reimbursement of legal and engineering Applicant's use of such allotted water B. Assignment: This contract/lease shall inure t.o the benefit of the heirs. successors or assigns of the parties hereto. Any assignment of the Applicant's rights under this contract/lease shall be subject to. and must, comply with, such requirements as the District may hereafter ackjpt regarding assignment of contract/lease rights and the assumption of contract/lease obligations by assignees and successors. Nothing herein shall prevent successors t.o a portion of Applicant's property from applying to the District. for individual and separate allotment contracts/leases. No assignment III/111 be recognized by the District except upon completion arul filing of proper forms for change of ownership. Upon the sale of the real properly to which this contract/lease pertains. Applicant: has a duty to make buyer aware of this contract/lease and proper forms for change of ownership must be completed. 9. Other Rules: Applicant shall be horned by the provisions Of Lhe Water Conservancy Act of Colorado: by the rules and regulations of the Board of 1)irectors of the District: and all amendments thereof and supplements thereto and by all other applicable law. 10. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the board of Directors of the District. if and when. the Board of said District determines in its sole discretion that such an agreement is required. Said agreement: may contain. but shall not: be limited to. provisions for additional annual monetary consideration for extension of District delivery services and for additional administration, operation. and maintenance costs: or for other costs to the District which may arise through services made available to the Applicant. 11. Change of Use: The District reserves the exclusive right to review. reapprove or disapprove any proposed change in use of the water allotted hereunder. Any use other than that. set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District. shall be deemed to be a material breach of this contract/lease. 12. Use and Place of Use Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this contract./lease is executed. or in any operation and maintenance 11111 Bement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights erein. other than as permitted in paragraph B above, shall be deemed to be a material breach of this agreement. 3 • • • 13. Title: It is understood and agreed that nothing herein shall he interpreted to give the Applicant herein. any equitable or legal fee title interest in or to any water or water rights referred to 14. Conservation: Applicant shall use commonly accepted conservation and water rights herein, and hereby agrees to be bound by any conservation plan adopted of District owned or controlled water or water rights. practices with respect to the water hereafter by the District for use 15. Restrictions: Applic:ant shall restrict actual diversions to not which provides water (on the formula of one acre foot per dwelling) for ordinary household k f1• roteclion and the irrigation of up garden. exceed the Contract/Lease amount. purposes inside one single family to 6.000 square feet of lawn and Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant's domestic animals not. Lo be used for commercial purposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering at a horse boarding facility, provided that, in no event shall actual diversions exceed the amount of water provided by this Contract/Lease. Violation of this paragraph 15 shall be deemed to be a material breach of this Contract/Lease. IIP16. Well Permit: 1f Applicant intends to divert through a well. then Applicant must: provide to District copy of Applicant's valid well permit. belore I)ist.rict is obligated to deliver any water hereunder. 17. Measuring Device or Meter: Applicant agrees to provide at. its own expense an adequate measuring device or meter to continuously and accurately measure al. all times all water diverted pursuant to the terms of Applicant's water right and the terms of this contract./lease. Applicant agrees to provide accurate readings from such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. 18. Representations: By executing this cont.racl./lease. Applicant. agrees that it is not relying un any legal or engineering advice that. Applicant may believe has been received from the District.. Applicant further acknowledges that it has obtained all necessary legal and engineering advice from Applicant's own sources other than the District. Applicant further acknowledges that. the District. makes no guarantees. warranties. or assurances whatsoever about the quantity or quality of water available pursuant, to this contract/lease- Should the District, be unable to provide the water contracted for herein. no damages may be assessed against. the District., nor may Applicant obtain a refund from the District. 19. Costs of Water Court f11111g and Augmentation Plan: Should the District, in iLs own discretion. choose to include Applicant.'s contract/lease herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District.. when assessed. an additional fee representing the District.'s actual and reasonable costs and fees for Applicant's share of the proceedings. 20. Binding Agreement: This agreement shall not be complete attached hereto is the form entitled "Application and Data Form Lo Lease Water From West. Divide Water Conservancy District" II,lly completed by Applicant and approved by theDistrict's engineer. Said attachments shall by this reference thereto be corporated into the terms of this agreement.. nor binding upon the District unless 4 410 21. Warning: 11 IS THE SOLE RESPONSIBILITY OF THE APPLICANT 10 OBTAIN A VAIID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER. INCLUDING TiIE WATER ACQUIRED TINDER 1HIS CONTRACT/LEASE. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT DR WATiR RIGHT 1NCI110ING FIIING TOR EX1FNSIONS OF PERMUUS, FILING WELL COMPIETION REPORTS. FILING SFATF:MENTS OF RI NI1 ICTAI 051. OR 01111 RWISI LAWFUI.1 Y APPI VING TUE WATER 10 BENFF ICIAI (ISE ON A REGULAR BASIS Wl1IK)L ASTE. Applicant: urt zti Applicant.: Applicant address: 0142 Peachblow Lane , Basal t, Cnlnrarin 81621 STAT- 0f C010RADO ) ) ss. COUNTY Of GARP 111.0 The foregoing instrument was acknowledged before me on this ]5141' day of JaflltOO.f k 1998, by k .TER SAI -VER Witness my hand and official seal. My commission expires: MY COMMISSION EXPIRES SEPTEMBER 26, 2000 111/1 ono Q-t-r-Q� Notary Public: ORDER After a hearing by the Board of Directors of Lhe West Divide Wafer Conservancy District: on the application, it, is hereby ORDERED that said application be granted and this contract/lease shall be and is accepted by the District. Al TEST: Secretary WiSi I)iVIDI WAIIR CONSERVANCY DISIRICI By President. Date This contract/lease includes and is subject to the terms and conditions of the following documents which must accompany this contract/lease: • 0 3. Map showing location of point of diversion (use map provided) Application and Data Form fully completed and signed 5 • PAT FITZGERALD POB 1330 GLENWOOD SPRINGS 81602 DIETER SANDER POB 2059 HOTCHKISS CO 81419 AUG. 30, 2003 RE: SENOR MESA EXEMPTION DEAR PAT, THE SENOR MESA PROTECTIVE COVENANTS IN ART. V, 1.(B) ON EACH LOT IN ADDITION TO THE PRIMARY RESIDENCE, ALLOW A DETACHED GUEST OR SERVANT HOUSE OF A MINIMUM SIZE OF 800 SF, You ARE PROPOSING, THAT INSTEAD OF BUILDING A SEPARATE DETACHED DWELLING UNIT, YOU WILL FINISH YOUR EXISTING HOUSE TO INCORPORATE SUCH A SECONDARY UNIT IN THE FORM OF A WALK -OUT BASEMENT. WE HAVE NO OBJECTION TO WHAT YOU ARE PLANNING AND AGREE WITH YOUR PROPOSAL, PROVIDED: 1. No OTHER DETACHED OR ATTACHED DWELLING UNIT WILL EVER BE BUILT ON YOUR LOT. 2. ALONG WITH THE APPROVAL OF YOUR PROPOSAL BY THE COUNTY COMMISSIONERS, THE PROTECTIVE COVENANTS WILL BE AMENDED TO PROVIDE AS SET FORTH ABOVE, AND FURTHER TO PROVIDE, THAT THE OTHER TWO AS YET UNDEVELOPED LOTS, NAMELY MRS. WILLIAMS' AND OURS, WILL_ HAVE THE OPTION TO EITHER HAVE A SEPARATE DETACHED DWELLING UNIT AS NOW PROVIDED IN THE COVENANTS OR MAY HAVE A SECONDARY UNIT ATTACHED TO THE PRIMARY RESIDENCE. CC: MRS. WILLIAMS TOM GAMBELL • SINCERELY, /2 August 11, 2003 P.O. Box 1330 Glenwood Springs, CO 81602 Katherine Williams 305 Maple Street Glenwood Springs, CO 81601 Dear Kay; • Thanks for your letter of July 28, 2003 regarding my pending application with the County to convert my existing basement to a rental unit. If I am successful in my application with the County I have no problem imposing a deed restriction on the property as you have requested and will provide you with a copy. Thanks for your assistance. Sincerely; • • July 22, 2003 • P.O. Box 1330 Glenwood Springs, CO 81602 Kathryn Williams 305 Maple Street Glenwood Springs, CO 81601 RE: Senor Mesa Subdivision Dear Kay: As you may know,two years ago I built a new home on Lot 4 of the Senor Mesa Subdivision.The lower level of the home is an unfinished, walk out basement which I designed to be a separate rental unit at some time in the future. I need to approach Garfield County for permission to construct this rental unit and have a hearing with the County Commissioners to gain permission to do so. Our present covenants (and I attach a copy) provide for guest homes and servant quarters as a separate building but does not speak to having an additional dwelling unit in the main house or to the idea of renting it out. Therefore, I would need the permission of at least a majority of the lot owners to gain County approval. If the County approves my application, I will represent to the County, and to all owners in the Senor Mesa Subdivision, that I will not build or apply to build any other guest home or residence on the property. If the above meets with your approval, please sign in the space provided below and mail this letter back to me. Feel free to call me at 945 5554 with any questions you may have. Sincerely; C � Patrick M. Fitz erald ACCEP 1'bD AND APPROVED: • Kathryn Williams • July 28,2003 305 Maple St Glenwood Springs, CO 81602 Patrick M. Fitzgerald P.O. Box 1330 Glenwood Springs, CO 81601 RE: Making walk out basement into rental unit on Senor Mesa Subdivision Lot 4. Dear Pat: In response to your letter of July 22, 2003 requesting your second dwelling unit be in your basement, I do not have a problem with that as long as it is put in the form of a recorded deed restriction. This restriction should state that this unit in your basement takes the place of your second unit as per covenants and no future additional rental unit or house will be allowed on this lot. If this is approved please send me a copy of the recorded deed restriction. If you have any questions on my request, you can call me at 945-5147. Yours truly, Kathryn E. Williams • • • July 22, 2003 P.O. Box 1330 Glenwood Springs, CO 81602 Tom Gambell 0319 County Road 138 Glenwood Springs, CO 81601 RE: Senor Mesa Subdivision Dear Tom: As you may know,two years ago I built a new home on Lot 4 of the Senor Mesa Subdivision.The lower level of the home is an unfinished, walk out basement which I designed to be a separate rental unit at some time in the future. I need to approach Garfield County for permission to construct this rental unit and have a hearing with the County Commissioners to gain permission to do so. Our present covenants (and I attach a copy) provide for guest homes and servant quarters as a separate building but does not speak to having an additional dwelling unit in the main house or to the idea of renting it out. Therefore, I would need the permission of at least a majority of the lot owners to gain County approval. If the County approves my application, I will represent to the County, and to all owners in the Senor Mesa Subdivision, that I will not build or apply to build any other guest home or residence on the property. If the above meets with your approval, please sign in the space provided below and mail this letter back to me. Feel free to call me at 945 5554 with any questions you may have. Sincerely; Patrick M. Pitzger ACCEP"1'ED AND APPROVED: / t Tom Gambell 7 • • • PROPOSED COVENANT AMENDMENT • • 0 • PROPOSED COVENANT AMENDMENT Lots 1, 2 and 4 may each be developed with a primary residence and a second detached dwelling unit, or at the option of the owner, an additional dwelling unit may be developed as an integral part of the primary residence. Such development in either case is subject to Garfield County approval. Lot 3 is presently developed with two separate dwelling units and may have no other dwelling units. No lot may have more than two dwelling units. • 9 ENI 0 O n � 1- s s 5 01- J Jirl 0 O • W g • • • PROPERTY OWNERS ADJACENT OR WITHIN 200 FEET MINERAL RIGHTS: OWNERS: Thomas King, 100% by deed recorded October 13, 1921 at Book 117, Page 516, Garfield County Records No address or tax records found Thomas R. Gambel (212335100120) 0319 County Road 138 Glenwood Springs, CO 81601 Dieter and Carina Sander (212335100119) P.O. Box 2059 Hotchkiss, CO 81419-2059 Kathryn E. Williams (2123351001180 305 Maple St. Glenwood Springs, CO 81601 Kendra Collee Mckennis (2123351000990 ATTN: U.S. Bank Trust Real Estate P.O. Box 5168 Denver, CO 80217-5168 Norman R. Hansen (212335100127) P.O. Box 702 New Castle, CO 81647 New Creation Church of Glenwood, Inc . (212335100098) 044881 Highway 6 & 24 Glenwood Springs, CO 81647 Monica & James Vigil (212335100162) 0147 County Road 137 Glenwood Springs, CO 81601 Violet Goodsell (212335100163) 152 County Road 137 Glenwood Springs, CO 81601 t.1OFTAccEs AAD DITCH EASEMENT ROAD AND MITT N 85'19'52" W 505.55' EXISTING DRIVEWAY GARAGE EXISTING HOUSE N tr,W5rM 5014W S i'Sr E s 34 INTERSTATE 70 0' LEGAL DESCRIPTION Lot 4 A tract of land situate in Section 35, Township 5 South, Range 90 West of the 6th P.M. being more particularly described as follows: Beginning at a point whence the North 1/4 Corner of said Section 25 bears N 32'53'35" W 1719.72 feet; thence S 85'19'52" E 505.55 feet; thence N 00'43'28" E 160.29 feet; thence 5 8937'27" E 744.74 feet; thence S 00'0033" E 513.81 feet to the northerly right-of-way of a county road; thence along said right -of --way on the following courses: S 6130'00" W 65.73 feet; thence S 44'13'00" W 160.19 feet; thence S 5629'00" W 117.95 feet; thence S 6132'00" W 159.73 feet; thence 5 62'04'00" W 174.86 feet; thence 5 7877'00" W 235.34 feet; thence N 89'19'00" W 81.31 feet; thence N 7508'00" W 243.02 feet; thence N 7702'00" W 275.74 feet; thence N 820200" W 24.81 feet; thence departing said right-of-way line N 1231'28" E 705.05 feet to the point of beginning containing 23.148 acres more or less. 8 300' 744.74' 1.0 600' 1 LINE BEARING DISTANCE L1 S 82'02'00" E 24.81' L2 S 82'02'00" E 96.98' L3 N 00'43'28" E 160.29' L4 N 89'19'00" W 81.31' L5 S 61'32'00" W 159.73' L6 S 56'29'00" W 117.95' L7 S 44'13'00" W 160.19' L8 S 61'30'00" W 65.73' CERTIFICATION I Richard Holson, a licensed surveyor in the State of Colorado, certify that l have located the property lines for the property shown hereon and have indicated the location of proposed improvements as directed by the property owner or the osr $ 4I pxe4entative as shown hereon. This certification applies to proposed rr 'yfl'I�17r ve>�en s 'and 'does not represent an Improvement Location Certificate or SImpibv. su ' ey. ; r Holsan,:'. 4.3,:i 01 L O . 3 'w HOMAN SURVITING Richard L Holsan LS 13501 477J 214 Rd at Colorado (870) 878-2947 MT PLAN LOT 4 SAVOR MESA SUBDIVISION EIEMPITON GARrivizio cour, rr,, COLORADO iIDAM8/06/03 PROD 203055] SITE LOT4 SAI /-j 1 O Osy9�\� 11 • —a /81 9S- Hp l 111111111111111111111111111111111 II•III Hill 1111 1111 • 548299 07/02/1999 12:08P 81138 P531 M ALSDORF 1 of 2 R 10.00 D 18.90 GARFIELD COUNTY CO filed for record the day of ,A.D. 19 , at o'clock M. eception No. By RECORDER. DEPUTY. WARRANTY DEED THIS DEED, Made on this day of July 01, 1999 between MICHAEL J. MARTUCCI AND ELIZABETH J. MARTUCCI of the County of GARFIELD PATRICK M. FITZGERALD AND MARILYN A. FITZGERALD and State of Colorado , of the Grantor(s), and whose legal address is : 1317 RIVERVIEW, GLENWOOD SPRINGS, CO 81601 of the County of GARFIELD and State of Colorado , of the Grantee(s): WITNESS, That the Grantor(s), for and in consideration of the sum of ( $18 *** One Hundred Eighty Nine Thousand and 00/100 *** the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, presents does grant, bargain, sell, convey and confirm unto the Grantee(s), their hei not in tenancy in common but in joint tenancy, all the real property, together with i lying and being in the County of GARFIELD and State of SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF 9,000.00 DOLLARS sold and conveyed, and by these rs and assigns forever, mprovements, if any, situate, Colorado, described as follows: TOGETHER WITH, BUT WITHOUT WARRANTY, 1/2 INTEREST IN WELL PURSUANT TO WELL AGREEMENT RECORDED AS RECEPTION NO. 430319: AND /10 CUBIC FEET PER SECOND, PRIORITY #154 -BBA OF THE VIRGINIA DITCH OR EQUIVALENT HADES IN THE WILT�IAMS MI CONVEYED a so mown as street num er 06 Y MAD 138„ GLENWOOD SPRINGS, CO 81601 TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right title interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s), their heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant bargain, and agree to and with the Grantee(s), their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 1999 AND SUBSEQUENT YEARS, AND SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS, COVENANTS AND RIGHTS OF WAY OF RECORD, IF ANY 0.. AS APPURTENANT TO OR USED IN CONNECTION WITH PROPERTY The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premi possession of the Grantee(s), his heirs and assigns, against alt and every person or any part thereof. The singular number shalt include the plural, and the plural shall be applicable to all genders. IN WITNESS WHEREOF the Grantor(s) has executed this deed on the ate set STATE OF act L ?9-d G) County of .L P/kirt, ) )ss. •� v • NOTARY The foregoing instrument .s atkin�ggwlledged-befire y- on this day of July 01,1999 by MICHAEL J. MARTUCCI AN rticAB`ETH'•J! `MA 2§D1'% I 3F CO`• -U IC EL J. ses in the quiet and peaceable or persons lawfully claiming the whole the singular, and the use of any gender forth above. UCCI LI : i' ETH J. MART CI My commission expires Witness my hand and official al. fly commission Expires 07/18/2001 c 7 - Notary Public Name and Address of Person Creating Newly Created Legal Description ( 38-35-106.5, C.R.S.) Escrow# GW231339 Title# GW231339 When Recorded Return to: MASON & MORSE REAL ESTATE Form NO. 921A Rev 4-94. WARRANTY DEED (To Joint Tenants) 801 COLORADO AVE. GLENWOOD SPRINGS, CO 81601 • r II11II1 11111 111111 111111 1111 IIIIIII 111 IIII ilii 1111 548299 07/02/1999 12:08P B1138 P532 M ALSDORF 2 of 2 R 10.00 D 18.90 GARFIELD COUNTY CO EXHIBIT A • LOT 4 A TRACT OF LAND SITUATE IN SECTION 35, TOWNSHIP 5 SOUTH, RANGE 90 WEST OF THE 6TH PRINCIPAL MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE NORTH 1/4 CORNER OF SAID SECTION 35 BEARS N. 32 DEGREES 53'35" W. 1719.72 FEET; THENCE S. 85 DEGREES 19'52" E. 505.55 FEET; THENCE N. 00 DEGREES 43'28" E. 160.29 FEET; THENCE S. 89 DEGREES 37'27" E. 744.74 FEET; THENCE S. 00 DEGREES 00'33" E. 513.81 FEET TO THE NORTHERLY RIGHT OF WAY OF A COUNTY ROAD; THENCE ALONG SAID RIGHT OF WAY ON THE FOLLOWING COURSES: S. 61 DEGREES 30'00" W. 65.73 FEET; THENCE S. 44 DEGREES 13'00" W. 160.19 FEET; THENCE S. 56 DEGREES 29'00" W. 117.95 FEET; THENCE S. 61 DEGREES 32'00" W. 159.73 FEET; THENCE S. 62 DEGREES 04'00" W. 174.86 FEET; THENCE S. 78 DEGREES 17'00" W. 236.34 FEET; THENCE N. 89 DEGREES 19'00" W. 81.31 FEET; THENCE N. 75 DEGREES 08'00" W. 243.02 FEET; THENCE N. 77 DEGREES 02'00" W. 275.74 FEET; THENCE N. 82 DEGREES 02'00" W. 24.81 FEET; THENCE DEPARTING SAID RIGHT OF WAY LINE N. 12 DEGREES 31'28" E. 705.05 FEET TO THE POINT OF BEGINNING. SAID PARCEL IS SOMETIMES KNOW AS: LOT 4 FIRST AMENDED SENOR MESA EXEMPTION PLAT LESS AND EXCEPT THE FOLLOWING PARCEL TO BE CONVEYED BY QUIT CLAIM DEED: A TRACT OF LAND SITUATE IN THE SEI /4 OF THE NEI. /4 OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 90 WEST OF THE 6TH PRINCIPAL MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SE1/4 OF THE NE1/4; THENCE S. 07 DEGREES 37'57" E. 160 FEET, MORE OR LESS, TO A FENCE AS BUILT AND IN PLACE; THENCE EASTERLY 723 FEET, MORE OR LESS, ALONG SAID FENCE TO A POINT ON THE WEST LINE OF A TRACT OF LAND DESCRIBED IN BOOK 64 AT PAGE 324 OF THE RECORDS OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO; THENCE NORTH 132 FEET, MORE OR LESS, ALONG SAID WEST LINE TO THE NORTH LINE OF SAID SE1/4 OF THE NE1/4; THENCE N. 89 DEGREES 31'20" W. 744.85 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO GW231339 • • • ISDS PERMITS • • • GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT 109 8th Street Suite 303 Glenwood Springs, Colorado 81601 Phone (303) 945-8212 INDIVIDUAL SEWAGE DISPOSAL PERMIT PROPERTY Owner's Name tTZ.Gi=1Z}t..1), Tf�T .t C K. Present Address Permit N2 J44 1 Assessor's Parcel No. This does not constitute a building or use permit. Qt t=04YnD t S Phone System Location 0 (Q OC) l�� ��� C� (�]� LC�"�Q� �� Geis Oo Legal Description of Assessor's Parcel No I0Gq/zo°/O Ron- C.DfS O54L- = (282>4 (2 OG r/:— ,-cH — Fr Cc - SYSTEM DESIGN Le AC -4(- C ht Q Fit && 36 0 _ E V NITS Septic Tank Capacity (gallon) Other fg Percolation Rate (minutes/inch) Number of Bedrooms (or other) Required Absorption Area - See Attached Special Setback Requirements: Date 2—` -O --'"D J Inspector • FINAL SYSTEM INSPECTION AND APPROVAL (as installed) Call for Inspection (24 hours notice) Before Covering Installation t System Installer Septic Tank Capacity I� Septic Tank Manufacturer or Trade Name �- G� : �i , �► Septic Tank Access within 8" of surface Absorption Area 3 Absorption Area Type and/or Manufacturer or Trade Name Adequate compliance with County and State regulations/requirements Other Date InspectorL tiZ RETAIN WITH RECEIPT RECORDS AT CONSTRUCTION SITE *CONDITIONS: 1. All installation must comply with all requirements of the Colorado State Board of Health Individual Sewage Disposal Systems Chapter 25, Article 10 C.R.S. 1973, Revised 1984. 2. This permit is valid only for connection to structures which have fully complied with County zoning and building requirements. Con- nection to or use with any dwelling or structures not approved by the Building and Zoning office shall automatically be a violation or a requirement of the permit and cause for both legal action and revocation of the permit. 3. Any person who constructs, alters, or installs an individual sewage disposal system in a manner which involves a knowing and material variation from the terms or specifications contained in the application of permit commits a Class 1, Petty Offense ($500.00 fine — 6 months in jail or both). White - APPLICANT Yellow - DEPARTMENT • • Gtech • 0 May 17, 1999 Pat Fitzgerald P.O. Box 1330 Glenwood Springs, CO 81602 • Hepworth-Pawlak Geotechnical. Inc. 5020 County Road 154 Glenwood Springs. Colorado 81601 Phone: 970-945-7988 Fax: 970-945-8454 hpgeo@hpgeotech.com Job No.199 364 Subject: Subsoil Study for Foundation Design and Percolation Test, Proposed Residence, Lot 4, Senior Mesa Exemption, 600 County Road 138, Garfield County, Colorado. Dear Pat: As requested, Hepworth-Pawlak Geotechnical, Inc. performed a subsoil study and percolation test for foundation and septic disposal designs at the subject site. The study was conducted in accordance with our agreement for geotechnical engineering services to you dated April 30, 1999. The data obtained and our recommendations based on the proposed construction and subsurface conditions encountered are presented in this report. Evaluation of potential geologic hazard impacts on the site are beyond the scope ofthis study. Proposed Construction: The proposed residence will be a single story wood frame structure above a basement level and located approximately in the area of the pits shown on Fig. 1. Ground floors are proposed to be slab -on -grade. Cut depths are expected to range between about 3 to 6 feet. Foundation loadings for this type of construction are assumed to be relatively light and typical of the proposed type of construction. The septic disposal system is proposed to be located directly south of the residence. If building conditions or foundation loadings are significantly different from those described above, we should be notified to re-evaluate the recommendations presented in this report. Site Conditions: The property is located on a gently rolling mesa about 200 feet higher and to the north of the Colorado River. The ground surface in the building area is gently sloping down to the south with about 5 to 6 feet of elevation difference. An existing flat bench has been made at the building site by cuts and fills up to about 2 to 3 feet deep. Outside of the disturbed area the lot is vegetated with grass and weeds. Irrigation ditches cross the lower part of the lot and County Road 138 borders the lot on the south. Subsurface Conditions: The subsurface conditions at the site were evaluated by excavating two exploratory pits in the building area and one profile pit in the septic disposal area at the approximate locations shown on Fig. 1. The pits were located just • • • Pat Fitzgerald. May 17, 1999 Page 2 outside of the existing cut and fill bench. The logs of the pits are presented on Fig. 2. The subsoils encountered, below about 1 foot of topsoil, consist of silty sands and gravels with cobbles . The upper 4 to 5 feet was calcareous. Results of consolidation testing performed on a relatively undisturbed sample of silty sand, presented on Fig. 3, indicate low compressibility under existing moisture condition and light loading and a low collapse potential (settlement under constant load) when wetted. Results of a gradation analysis performed on a sample of gravelly soil (minus 3 inch fraction) obtained from the site are presented on Fig. 3. The laboratory testing is summarized on Table I. No free water was observed in the pits at the time of excavation and the soils were slightly moist. Foundation Recommendations: Considering the subsoil conditions encountered in the exploratory pits and observed in the cut bench, and the nature of the proposed construction, we recommend spread footings placed on the undisturbed natural soil designed for an allowable soil bearing pressure of 1,500 psf for support of the proposed • residence. The sandy soils tend to compress after wetting and there could be some post - construction foundation settlement. Footings should be a minimum width of 16 inches for continuous walls and 2 feet for columns. The existing fill, topsoil and loose disturbed soils encountered at the foundation bearing level within the excavation should be removed and the footing bearing level extended down to the undisturbed natural soils. The exposed subgrade should then be moistened and compacted. Exterior footings should be provided with adequate cover above their bearing elevations for frost protection. Placement of footings at least 36 inches below the exterior grade is typically used in this area. Continuous foundation walls should be reinforced top and bottom to span local anomalies such as by assuming an unsupported length of at least 12 feet. Foundation walls acting as retaining structures should be designed to resist a lateral earth pressure based on an equivalent fluid unit weight of at least 45 pcf for the on-site soil as backfill, excluding topsoil and rock larger than about 6 inches. Floor Slabs: The natural on-site soils, exclusive of topsoil, are suitable to support lightly loaded slab -on -grade construction. To reduce the effects of some differential movement, floor slabs should be separated from all bearing walls and columns with expansion joints which allow unrestrained vertical movement. Floor slab control joints should be used to reduce damage due to shrinkage cracking. The requirements for joint spacing and slab reinforcement should be established by the designer based on experience and the intended slab use. A minimum 4 inch layer of free -draining gravel should be placed beneath basement level slabs to facilitate drainage. This material should consist of minus 2 inch aggregate with less than 50% passing the No. 4 sieve H -P GEOTECH • • • Pat Fitzgerald May 17, 1999 Page 3 and less than 2% passing the No. 200 sieve. All fill materials for support of floor slabs should be compacted to at least 95 % of maximum standard Proctor density at a moisture content near optimum. Required fill can consist of the on-site soils devoid of vegetation, topsoil and oversized rock. Underdrain System: Although free water was not encountered during our exploration, it has been our experience in the area that local perched groundwater can develop during times of heavy precipitation or seasonal runoff. Frozen ground during spring runoff can create a perched condition. We recommend below -grade construction, such as retaining walls and basement areas, be protected from wetting and hydrostatic pressure buildup by an underdrain system. Shallow crawlspace areas should not need an underdrain with proper backfill construction and a positive surface slope away from the residence. The drains should consist of drainpipe placed in the bottom of the wall backfill surrounded above the invert level with free -draining granular material. The drain should be placed at each level of excavation and at least 1 foot below lowest adjacent finish grade and sloped at a minimum 1% to a suitable gravity outlet. Free -draining granular material used in the underdrain system should contain less than 2% passing the No. 200 sieve, less than 50% passing the No. 4 sieve and have a maximum size of 2 inches. The drain gravel backfill should be at least 11/2 feet deep. An impervious membrane such as 20 mil PVC should be placed beneath the drain gravel in a trough shape and attached to the foundation wall with mastic to prevent wetting of the bearing soils. Surface Drainage: The following drainage precautions should be observed during construction and maintained at all times after the residence has been completed: 1) Inundation of the foundation excavations and underslab areas should be avoided during construction. 2) Exterior backfill should be adjusted to near optimum moisture and compacted to at least 95 % of the maximum standard Proctor density in pavement and slab areas and to at least 90 % of the maximum standard Proctor density in landscape areas. Free -draining wall backfill should be capped with about 2 feet of the on-site, finer graded soils to reduce surface water infiltration. 3) The ground surface surrounding the exterior of the building should be sloped to drain away from the foundation in all directions. We H -P GEOTECH • • • • • Pat Fitzgerald May 17, 1999 Page 4 recommend a minimum slope of 6 inches in the first 10 feet in unpaved areas and a minimum slope of 3 inches in the first 10 feet in pavement and walkway areas. 4) Roof downspouts and drains should discharge well beyond the limits of all backfill. 5) Landscaping which requires regular heavy irrigation should be located at least 5 feet from the building. Percolation Testing: Percolation tests were conducted on May 4, 1999 to evaluate the feasibility of an infiltration septic disposal system at the site. One profile pit and three percolation holes were dug at the locations shown on Fig. 1. The test holes (nominal 12 inch diameter by 12 inch deep) were hand dug at the bottom of shallow backhoe pits and were soaked with water one day prior to testing. The soils exposed in the percolation holes are similar to those exposed in the Profile Pit shown on Fig. 2 and consist of silty sands and gravels. The percolation test results are presented in Table II. The percolation test results indicate an infiltration rate between 8 and 30 minutes per inch with an average at about 18 minutes per inch. Based on the subsurface conditions encountered and the percolation test results, the tested area should be suitable for a conventional infiltration septic disposal system. Limitations: This study has been conducted in accordance with generally accepted geotechnical engineering principles and practices in this area at this time. We make no warranty either expressed or implied. The conclusions and recommendations submitted in this report are based upon the data obtained from the exploratory pits excavated at the locations indicated on Fig. 1, the proposed type of construction and our experience in the area. Our findings include interpolation and extrapolation of the subsurface conditions identified at the exploratory pits and variations in the subsurface conditions may not become evident until excavation is performed. If conditions encountered during construction appear different from those described in this report, we should be notified at once so re-evaluation of the recommendations may be made. This report has been prepared for the exclusive use by our client for design purposes. We are not responsible for technical interpretations by others of our information. As the project evolves, we should provide continued consultation and field services during construction to review and monitor the implementation of our recommendations, and to verify that the recommendations have been appropriately interpreted. Significant design changes may require additional analysis or modifications to the recommendations presented herein. We recommend on-site observation of excavations and foundation H -P GEOTECH 1 • • Pat Fitzgerald May 17, 1999 Page 5 bearing strata and testing of structural fill by a representative of the geotechnical engineer. If you have any questions or if we may be of further assistance, please let us know. Sincerely, HEPWORTH - PAWLAK GE • HNICAL, INC. Steven L. Pawlak, P. Rev. By: JZA • SLP/sd/ksm attachments • H -P GEOTECH APPROXIMATE SCALE • 1 " = 200' • 1 1 P l� • • • • p1\‘‘ /ILOT 4 P LOT 3 PIT 1 ■ PROFILE PIT ■ PIT 2 1 1 ELECTRIC LOT 2 OWELL PROPERTY POWER . BOUNDARY • • LINES \%q DITCH P IMI P 1 199 364 HEPWORTH — PAWLAK GEOTECHNICAL, INC. LOCATION OF EXPLORATORY PITS Fig. 1 0 5 10 LEGEND: a4� 0 0= -J NOTES: +4=36 -200-8 PIT 2 WC=5.9 DD=101 TOPSOIL; organic sandy silt, dark reddish brown. PROFILE PIT 0 0 5 10 SAND AND GRAVEL (SM—GM); silty, medium dense, slightly moist, light red—brown, calcareous, subangular to rounded rock. GRAVEL (GM); sandy to very sandy, silty, cobbles, dense, slightly moist, red—brown. SAND (SM); silty, gravelly, scattered cobbles, medium dense, slightly moist, red, porous. 2" Diameter hand driven liner sample. Disturbed bulk sample. 1. Exploratory pits were excavated on May 3, 1999 with a backhoe. 2. Locations of exploratory pits were measured approximately by pacing from features on the site plan provided. 3. Elevations of exploratory pits were not measured and logs of exploratory pits are drawn to depth. 4. The exploratory pit locations should be considered accurate only to the degree implied by the method used. 5. The lines between materials shown on the exploratory pit logs represent the approximate boundaries between material types and transitions may be gradual. 6. No free water was encountered in the pits at the time of excavating. Fluctuations in water level may occur with time. 7. Laboratory Testing Results: WC = Water Content ( % ) DD = Dry Density ( pcf ) +4 = Percent retained on No. 4 sieve —200 = Percent passing No. 200 sieve 199 364 HEPWORTH - PAWLAK GEOTECHNICAL, INC. LOGS OF EXPLORATORY PITS Depth — Feet Fig. 2 .....______________............ 4111 Compression % -A CW N O Moisture Content = 5.9 percent Dry Density Weight = 101 pcf Sample of: Silty Sand From: Pit 2 at 7 Feet -------"-+ Compression upon wetting w 0.1 1.0 10 100 APPLIED PRESSURE — ksf 199 364 HEPWORTH - PAWLAK GEOTECHNICAL, INC. SWELL-CONSOLIDATION TEST RESULTS Fig. 3 PERCENT PASSING HYDR044EItR ANALYSIS 1144E READINGS SIEVE ANA ISIS 24 HR. 7 HR 45 MIN. 15 MIN. 60 MIN.19 MIN, 4 MIN. 1 MIN. 100 90 60 70 60 50 40 30 20 10 0 1 PDC U.S. STANDARD &RIES #100 #50 130 #16 #8 14 CLEAR S01.1 ARE OPENINGS 3/6'1/2'3/4' 1 1/2' 1 � I E•5 60 10 20 .001 .002 .005 .009 .019 .037 .074 .150 30 40 .300 .600 1.18 2.36 4.75 9.515 19.0 37.5 75.2 152 203 127 DIAMETER OF PARTICLES IN MILLIMETERS CLAY TO SILT ( SAND ( FINEMEDIUM 1COARSE GR1 V�' PINE COARSE COBBLES 199 364 GRAVEL 36 % LIQUID LIMIT SAND 56 SILT AND CLAY 8 % PLASTICITY INDEX SAMPLE OF: Slightly Silty Sand and Grovel FROM: Pit 1 at 5 to 6 Feet HEPWOR T H — PAWLAK GEOTECHNICAL, INC. GRADATION TEST RESULTS 50 60 70 80 90 100 PERCENT RETAINED Fig. 4 JOB NO. 199 364 U Cn ,J J U W cc 2 1-- U W H H } — cc W — o O wI- �L co cc a m J a '� 2 O 2 a W � 1 SOIL OR BEDROCK TYPE Slightly Silty Sand & Gravel 1 Silty Sand ATTERBERG LIMITS V X N 2 aK Q E.' o , o PASSING NO. 200 SIEVE co z O F 0 cc0 < * H c I0 GRAVEL 1961 Co Cr) NATURAL DRY DENSITY fpcfl N rn o MOISTURE CONTENT MI Cn N 0 LCj LE LOCATION _ i m CO 0 L() 1- a , N • • ID HEPWORTH-PAWLAK GEOTECHNICAL, INC. TABLE II PERCOLATION TEST RESULTS HOLE NO. HOLE DEPTH (INCHES) LENGTH OF INTERVAL (MIN) WATER DEPTH AT START OF INTERVAL (INCHES) WATER DEPTH AT END OF INTERVAL (INCHES) DROP IN WATER LEVEL (INCHES) AVERAGE PERCOLATION RATE (MIN./INCH) P-1 53 15 water added 7 51/2 1 1/2 30 5 1/2 4 3/4 3/4 4 3/4 4 3/4 4 3 1/2 1/2 6 1/2 5 3/4 3/4 5 3/4 5 3!4 5 4 1/2 1/2 4 1/2 4 1,'2 P-2 56 15 water added 8 1/4 6 3/4 1 1; 2 15 6 3/4 5 3/4 1 5 3/4 4 3/5 1 4 3/4 3 3/4 1 7 6 1 6 5 1 5 4 1 4 3 1 P-3 56 15 water added water added 9 1/2 6 3 1/2 8 6 3 3/4 2 1/4 9 6 3/4 2 1/4 6 3/4 4 1/2 2 1/4 4 1/2 3 1 1/2 8 3/4 6 3/4 2 6 3/4 4 3/4 2 4 3/4 2 3/4 2 NOTE: Percolation holes were hand dug in bottom of backhoe pits and soaked on May 3, 1999. Percolation tests were conducted on May 4, 1999. The average percolation rate is based on the last two readings of each test. • f�- �-( Doom. (( )2 1.(S) (IN 11' rtiv -+ C L • • • • • r '-f DOrt-Jig rt.iLc-Ac4 I 21 LEAc(4-c oef 060 G7G =36 "Tai /flip /0 UNi r1-5 A bOktn (-4-DJ s r-'4( AS' _7/ c: r ' r • GARFIELD`OUNTY BUILDING AND SANIT: !O 109 8th Street Glenwood Springs, one (303) 9 INDIVIDUAL SEWAGE DiprpsA A y PROPERTY ; t. Ln ATB t f Owner's Name `r tc ' � �i r r1 a $ystetst Loca AJC) t! R 38- ,1,1 ' t`SsLrIption of As4�ssor's Parcel No. - ,1 / ° Dr5.7o5 �,� 9 ° sv'•s' DESIGN / r 0 Gq 2 0 ro L E, A -1 H Ikft x'' City (gallon) z Other • y�9 • (1_ present Addrgss �( 13iJ Qt.ir►�ILL^.� � Y '. -;Phone f �r1t �., R ,.. ' { 7 (LSC. 1'L.!( • .e { r Sep t , ti Percolation R: - r Utes/inch) dumper of r�bdroA 'ilta • ti 1 llfequk d Absorptkm Area - See Attacheti "..• t4 � Sped illi Setback Regtt1 ements: ie a. Dile 12 -10 'D O Y ,' FINAL SYSTEM INSECTION AND APPROVAL (as instal(e) ,' 4 CaII for Inspection (24 hours,notice) Bef�ce Cog Instalia1')ign • System installer 10'teptic'lank' Capdcity� 'tel JC J r Septic Tank Manufacturer or Trade Name 4nspector r t t 7• d • . Septic Tank Access within 8', of surface AbsotI I,on Area .Absorption Area Type and/or Manufacturer or Trade .'L4 j 4 4 • 4 me Adequate coma:404th County arld4State reguiattonalrequirements Other • • Date / Z'- 2. OD Inspector RETAIN WITH RECEIPT RECORDS AT CONSTRUCTION SITE •CONDITIONS: 1. All Installation must comply with all requirements of the Colorado State Board of Health Individual Sewage Disposal Systems Chapter 25, Article 10 C.R.S. 1973, Revised 1984. 2. This permit Is valid only for connection to structures which have fully complied with County zoning and building requirements. Con- nection to or use with any dwelling or structures not approved by the Building and Zoning office shall automatically be a violation or a requirement of the permit and cause for both legal action and {_evocation of the permit. 3. Any person who constructs, alters, or installs an individual sewage disposfiy t f€em in a manner which Involves a knowing and material variation from the terms or specifications contained in the application of permit 6e its a Class I, Petty Offense ($500.00 fine — 6 months In fall oh,both). I iy White - APPLICANTA. A. J. . « .y -�_ Yellow - DEPARTMENT 'i • • TYPE OF INDIVIDUAL SEWAGE DISPOSAL SYSTEM PROPOSED: -()4) SEPTIC TANK ( ) AERATION PLANT ( ) VAULT PRIVY ( ) COMPOSTING TOILET ( ( ) PIT PRIVY ( ) INCINERATION TOILET ( () CHEMICAL TOILET ( ) VAULT RECYCLING, POTABLE USE RECYCLING, OTHER USE OTHER - DESCRIBE FINAL DISPOSAL BY: (1) ABSORPTION TRENCH, BED OR PIT ( ) EVAPOTRANSPIRATION ( ) UNDERGROUND DISPERSAL ( ) SAND FILTER ( ) ABOVE GROUND DISPERSAL ( ) WASTEWATER POND ( ) OTHER - DESCRIBE WILL EFFLUENT BE DISCHARGED DIRECTLY INTO WATERS OF THE STATE? ,49O PERCOLATION TEST RESULTS: (To be completed by Registered Professional Engineer, if the Engineer does the Percolation Test) S E4 /-1 r7.4c�1• ll gc`1:3m1e.7- Minutes er inch in hole No. 1 Minutes Minutes i 5 per inch in hole No. 2 per inch in hole NO. 3 Minutes ,e..)7j¢- per inch in hole NO. _ //1� Name, address and telephone of RP/E� who made soil absorption tests: � . o G- Go >c t-/' S c U CJ /S� 17lE'/t9 op .2�- . • . (" • l - � G -- '~ ♦ G•�: ..' i4Ci{f!'t}� Name, address and telephone of RPE responsible for design of the system: 'Y Applicant acknowledges that the completeness of the application is conditional upon such further mandatory and additional tests 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 relied 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 denial of the application or revocation of any permit granted based upon said application and in legal action for perjury as provided by law. Signed �ce; gn Date /69 /0 -oe PLEASE DRAW AN ACCURATE MAP TO YOUR PROPERTY!! ,--596--e- 3 6 e- 3 INDIVIDUAL SEWAGE DISPOSAL SYSTEM APPLICATION OWNER f-- J T7 hA L -D ADDRESS R (ni, i3 re) [330J //(9/-9,--9e) 0 � ;i2 PHONE cps-- 6-5 LJ CONTRACTOR '1 e- r -.qr�r��,[ } ��.� s �c..? a i d ADDRESS 30 A2• 7 /.9e AJ a45 rL t g v 7 PHONE 9 R Li-36/1s- PERMIT {-36//S PERMIT REQUEST FOR NEW INSTALLATION ( ) ALTERATION ( ) REPAIR Attach separate sheets or report showing entire area with respect to surrounding areas, topography of area, habitable building, location of potable water wells, soil percolation test holes, soil profiles in test holes (See page 4). LOCATION OF PROPOSED FACILITY: r Near what City of Town FA, �rac9� Size of Lot / ("41�' �� S Legal Description or Address C.2_pC9C7 Cao- [ted - % 3 � / t c- c' D.st;t WASTES TYPE: (NA DWELLING ( ) TRANSIENT USE ( ) COMMERCIAL OR INDUSTRIAL ( ) NON-DOMESTIC WASTES ( ) OTHER - DESCRIBE / BUILDING OR SERVICE TYPE: �/� L r/ r i L f l���5/CYc4 e Number of Bedrooms B 45 {'/u eI `r"tiles / tvect. Patz 3 PcM- 'umber of Persons (SC) Garbage Grinder (() Automatic Washer (>C) Dishwasher SOURCE AND TYPE OF WATER SUPPLY: (x) WELL ( ) SPRING ( ) STREAM OR CREEK If supplied by Community Water, give name of supplier: /U/i4 DISTANCE TO NEAREST COMMUNITY SEWER SYSTEM: / /UJ'L co 0,57 Ay -2,o (eek Z-; z Was an effort made to connect to the Community System? L9 A site plan is required to be submitted that indicates the following MINIMUM distances: Leach Field to Well: 100 feet Septic Tank to Weft: 50 feet Leach Field to Irrigation Ditches, Stream or Water Course: 50 feet Septic System to Property Lines: 10 feet YOUR INDIVIDUAL SEWAGE DISPOSAL SYSTEM PERMIT WILL NOT BE ISSUED WITHOUT A SITE PLAN. GROUND CONDITIONS: Depth to first Ground Water Table / 767 — /5'o Percent Ground Slope /© // 2 GARFI LD COUNTY OPLICATION GARFIELD C (SPRINGS), LLINE: (970)384-5003 SCHEDULE NO. PERMIT NO. % ! ; /.,. ems= l�3—l-00-10•r TELEPHONE: (910) 945-8212 JOB ADDRESS: 2 A SEPA TE ELECTRICAL IS COLORADO THIS PET BECOMES NUII• AND VOID IF WORK OR CONSTRUCTION AUTHORIZED LS NOT COMMENCED WITHIN 30 DAYS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 110 DAYS AT ANY TIME AFTER WORK IS COMMENCED. I HERESY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SANE TO BE TRUE AND CORRECT. ALL PROVISIONS OFW LHETHER AWS GOVERNING THIS TYPE OF WORK WILL BE COMPLIED P� TO DIED HEREIN OR NOT. THE (BLAMING OF A PERMIT DOES NOT STATE OR. LTO VIOLATEOR CANCEL THE PROVISIONS OF ANY OTHER G CONSTRUCTION OR THE PERFORMANCE OF LOOCALL TAW REGULATING AGREEMENTCONTRACTOR OR TO THE APPLICANT AS OWNER. CO*rTRACTOR AND/OR THE AGENT OF THE CONTRA PERMISSION IS HEREBY GRANTED 1TPD BY THE BUILDLNGDEPARTMFNT• USE REGULATIONS ADOPTED BY DETAILED ON ATION OF JS AND E ISSUANCE NC SPECIFICATIONS FITS PE SED TO AND REVIEWED HEREBY ASS TO COMPLY WITH ALL BUILD CCff ES AND LAND EHE ABOVE SAID ORDINANCES ARE NOT ED BY �COMPLLD Cwii niF. ISSUON, E OF THIS PERMIT. THE SI01 IF3L SAED. THE SIGNER FURTHER ACUS ABO E SAID BE REVOKED S NOTICE FROM PURSUANT TO AUTHORITY GIVEN IN 3021201 CRS AS AMENDED. COMPLIED W� � T� LOCATION, ERECT�Og�CONSTRUCTION�BECOME NUI3. AND VOID. ABOVE DESCRIBES) STRUCTURE, THE MAY ����d THE THE COUNTY AND THAT THEN AND THERE FROM THEREAFTER WHEN L* CATIONS AND OTHER DATA SHALL NOT PREVENT THE ILDING OPERATION UDIN OFFICIAL CARRIED ON AFTERTHEREUNDER THE ISSUANCE OF A PERMIT BASED UPON PLANS, SPECIFICATIONS DATA OR FRO PREVENTING g,� FLANS, SPECIbTCATIONS AND OTHER I(JRLSDICTION. CORRECTION OF ERRORS IN ORDNANCE OR REGULATION OF THIS DOES NOT CONSTITUTE AN ACCEPTANCE OF ANY THE REVIEW TVOF CODE OR ANY OTFB:R RESPONSN FOR TRITE E AN AND NATION SUBMITTED YLA SR AN'D SPECIFICATIONS AND MISSIONS O CONDUCTED S. TILE FTER Q ELATION ANCIES. 1'I� � TO BE CONSERVA •AND TIE NGCON OF THE CI BY dpgF Yuj COUNTY FOR ERRORS. OMISSIONS BUYER AND OWNER COMMENTS ARE INTEND RESPONSIBIlSI'lES OR LIABILITIES PPORT DIALING CONSTRUCTION RESTS SPECIFICALLY WITH THE ARCHITECT. DESIGNER, UDERSTAND THE A'T ABOVE. shoo . l 21/ OF THE OWhFRS INTEREST. THAT I HAVE READ �tloanoo3 I HEREBY ACiy OWLEDC� CONSTRUCT THE STRUCTURE AS flo < < Pd . abS , c16 dof:w) • The following items are required by Garfield County for a final inspection: 1. A final Electrical Inspection from the Colorado State Electrical Inspector; 2. Permanent address assigned by Garfield County Building Department posted where readily visible from access road; 3. A finished roof;,a lockable house, complete exterior siding, exterior doors and windows installed, a complete kitchen with cabinets, a sink with hot & cold running water, non-absorbent kitchen floor coverings, counter tops and finished wails, ready for stove and refrigerator, all necessary plumbing; 4. A complete bathroom, with wash bowl, tub or shower, toilet stool, hot and cold running water, non-absorbent floors and walls finished and a privacy door; S. All steps outside or inside over three (3) steps must have handrails, guard rails on balconies or decks over 30" high constructed to all 1994 UBC requirements; 6. Outside grading done to where water will detour away from the building; 7. Exceptions to the outside steps, decks and grading may be made upon the demonstration of extenuating circumstances, i.e. weather, but a Certificate of Occupancy will not be issued until all the required items are completed and a final inspection made. A CERTIFICATE OF OCCUPANCY WILL NOT BE ISSUED UNTIL ALL THE ABOVE ITEMS HAVE BEEN COMPLETED. * * * * CANNOT OCCUPY OR USE DWELLING UNTIL A CERTIFICATE OF OCCUPANCY (C.O.) IS ISSUED. OCCUPANCY OR USE OF DWELLING WITHOUT A C.O. WILL BE CONSIDERED AN ILLEGAL OCCUPANCY AND MAY BE GROUNDS FOR VACATION PREMISES UNTIL ABOVE CONDITIONS ARE MET, I understand and agree to abide by the above conditions for occupancy, use d the issuance of a Certificate of Occupancy for the dwelling under building permit # bpcont Date 1r w At f Job Address • . GARFIELD COUNTY BUILDING, SANITATION, and PLANNING DEPARTMENT 109 8th, Street, Suite 303 Glenwood Springs, CO 81601(970) 945-8212 Nature of Work 13ui1dirxj Permit~ INo. 7809 Use of Building sr n t, poi t,t7Ar Aigy)A niz Owner 7 , f- ii! ' r�i KV Contractor . ----ter .. 01_) ST Olt>1.)ER Amount of Permits a -) • Y 10 Date 1 { ba /OD lGCr?. a5 Fikv\)1o3.aj �SbS so . °° Clerk • • • D av c.4003g • j=(T7-GC11-A-c..D k ly!N(, Ar, A Pm - 193o 13 ,i?o �r r t 6(t G -- ��� ?51/4-) gig.-. 41/4 ‘__r18 ..x- AS0S__ 5-00D 1.326.xo al h e t) a z o- Z 222.- W 1- .). ` v` v .i a • G c'� i% 0 y Lu 36 q ...-,, -,A. ' z ' 4-k-i,ee t al 1 0,4 0 1 --m 244 a i i 'zv a ' -,, ____, „,, --, 1 6- Hz t tg 0 • go.t $1 m H t il /i it H �U 1 �� P. z � ggil / pi YO�Y PLAT = w S or�r r S 07.38'06. E 1325.35• 50i.ir S O01X 511, t6 L7 Vt LX , 4) M2bub V 4 v1 Lt vct•O Z. V ; '8 0 0 IJ2193 N or3r56. w Aik 1 Pg 1 i w ! I Li , I 8lg i:"4s 1, !Of lig i4 I " ' itg I i tk4 ! i -„ W L dJla 3 O Co Nt4ci e C— o o w t3,- • •0N0 a%44rj r O h I'),fieW*r ° ,Q°am W.:1,(3)0 I o^toN X23 0 h tobsh v) V V N. g C tai .h C.�. ter. a �`.O 0 6•.-1eto e.0 O E .=3. hwe Af 1p s w s b rO+ v o e~ O°°N `3 as 033 t.oe r ,c GQ �a�tp j� pQ1f) 1.1ab.Cla,rt , N O ,JwS-m2(,)033a 0 O, rt d'° (1)a hg ° it t1111 00OZ • zhf oe :2.1" e O'tti0l 1 .-r, 0 4 i 0 w (1 �1' •� W'i 0 v h 3a en i GARFIELD COUNTY BUILDING AND PLANNING 970-945-8212 MINIMUM APPLICATION REQUIREMENTS for SINGLE FAMILY DWELLING CONSTRUCTION including NEW CONSTRUCTION ADDITIONS ALTERATIONS and MOVED BUILDINGS In order to understand the scope of the work intended under a permit application and expedite the issuance of a permit it is important that complete information be provided. Adequate and complete information will prevent delays in the plan review process. Reviewing a plan and the discovery that required information has not been provided by the applicant may result in the delay of the permit issuance and in proceeding with building construction. The owner or contractor may be required to provide this information before the plan review may proceed. This causes delays because other plans that are in line for review may be given attention before the new information may be reviewed after it has been provided to the Building Department. Please review this document to determine if you have enough information to design your project and provide adequate information to facilitate a plan review. If you do not, it may be helpful to obtain a book titled "Dwelling Construction under the Uniform Building Code". This book is available to you through this department at our cost. Also, please consider using a design professional for assistance in your design and a construction professional for construction of your project. To provide for a more understandable plan in order to determine compliance with the building, plumbing and mechanical codes, applicants are requested to review the following check list prior to and during design. Applicants are required to indicate appropriately and to submit the completed check list at time of application for a permit. 3 • • January 1, 1999 Plans to be included for a Building Permit, must be on drafting paper at least 18"x24" and drawn to scale. Plans must include a floor plan, a concrete footing and foundation plan, elevations all sides with decks, balcony, steps, hand rails and guard rails, windows and doors, including the finish grade line. A section showing in detail, from the bottom of the footing to the top of the roof, including re -bar, anchor bolts, pressure treated plates, floor joists, wall studs and spacing, insulation, sheating, house - rap, (which is required), siding or any approved building material. A window schedule. A door schedule. A floor framing plan, a roof framing plan, roof must be designed to withstand a 40# per ft. up to 7,000 F.O.S. and an 80 M.P.H. wind. All sheets to be identified by number and indexed. All of the above requirements must be met or your plans will be returned. 1. Is a site plan included that indicates the distances of the proposed building or addition to property lines, other buildings, setback easements and utility easements? Yes 1/ 2. Does the site plan include the location of the I. S.D.S. (Individual Sewage Disposal System) and the distances to property lines, wells (on subject property and adjacent properties), streams or water courses? Yes 3. Does the site plan indicate the location and direction of the County or private road accessing the property? Yes 4. Do the plans include a foundation plan indicating the size, location and spacing of all reinforcing steel in accordance with the uniform building code or per stamped engineered design? Yes (/-- 5. Do the plans indicate the location and size of ventilation openings for under floor crawl spaces and the clearances required between wood and earth? Yes �jr 6. Do the plans indicate the size and location of ventilation openings for the attic, roofjoist spaces's and soffits? Yes 7. Do the plans include design loads as required by Garfield County for roof snow loads, (a minimum of 40 pounds per square foot up to & including 7,000 feet above sea level), floor loads and wind loads? Yes 8. Does the plan include a building section drawing indicating foundation, wall, floor and roof construction? Yes 1/ 9. Does the building section drawing include size and spacing of floor joists, wall studs, ceiling joists, roof rafters or joists or trusses? Yes 10. Does the building section drawing or other detail include the method of positive connection of all columns and bgams? Yes 11. Does the plan indicate the height of the building or proposed addition from the highest point of the building or addition measured at mid span between the ridge and the eave down to existing grade contours? Yes 1� 12. Does the plan include any stove or zero clearance fireplace planned for installation including make and model and Colorado Phase II certifications or phase II EPA certification? Yes No 13. Does the plan include a masonry fireplace including a fireplace section indicating design to comply with the Uniform Building Code Chapter 37? Yes No 14. Does the plan include a window schedule or other verification that egress/rescue windows from sleeping rooms and/or basements comply with the requirements of the Uniform Building Code? Yes �f" No 15. Does the plan include a window schedule or other verification that windows provide natural light and ventilation for all habitable rooms? Yes No 16. Do the plans indicate the location of glazing subject to human impact such as glass doors, glazing immediately adjacent to such doors; glazing adjacent to any surface normally used as a walking surface; sliding glass doors; fixed glass panels; shower doors and tub enclosures and specify safety glazing for these areas? Yes No 17. Is the location of all natural and liquid petroleum gas furnaces, boilers and water heaters indicated on the plan? Yes V/ No 18. Do you understand that if you are building on a parcel of land created by the exemption process or the subdivision process, are building plans in compliance with all plat notes and/or covenants? Yes No 19. Do you understand that if you belong to a homeowners association, it is your responsibility to obtain written permission from the association, if required by that association, prior to submitting an application for a building permit? If you do not have written permission from the association, do you understand that the plan check fee will not be refunded should the architectural committee deny or reject your building plans? Yes No 20. Will this be the only residential structure on Yes No t/ 21. Have two (2) complete sets of construction Yes 22. Do you under tand that the minimum size a Yes I No the parcel? If no -Explain:' ��e es -e �G�l C a�,Dym� drawings been submitted i' t ie a p oi? 740 home can be on a lot is a 20ft. x 20ft.? 23. Have you designed or had this plan designed while considering building and other construction cod requirements? Yes No 24. Does the plan accurately indicate what you intend to construct and what will receive a final inspection by the Garfield County Building Department? Yes No 25. Do you understand that approval for design and/or construction changes are required prior to the application of these changes? Yes // No 4 u? (1. 114 p-e(z-miTS 247V Pouti u, 2 .,40/04 0(w; L D(� OepG{rci r y 26. Do you understand that the Building Department will collect a "Plan Review" fee from you at the time of application and that you will be required to pay the "Permit Fee" as well as any "School Impact" or "Septic System" fees required, at the time you pick up your building permit? Yes % No 27. Are you aware that twenty-four (24) hour notice is required for all inspections? Inspections will be made from Battlement Mesa to West Glenwood in the mornings and from Glenwood Springs to Carbondale in the afternoon. Morning inspections must be called in by 12:00 p.m. the day before; afternoon inspections must be called in by 4:00 p.m. the day before. Failure to give twenty-four (24) hour notice for inspections will delay your inspection one (1) day. Inspections are to be called in to 384-5003. Yes No 28. Are you aware that you are required to call for all inspections required under the Uniform Building Code including approval on a final inspection prior to receiving a Certificate of Occupancy and occupancy of the building? Yes x/ No 29. Are you aware that the person signing the Permit Application, whether the "Owner", "Agent of the Owner", "General Contractor", "Contractor" or otherwise, is the party responsible for the project complying with the Uniform Building Code? Yes ✓ No 30. Are you aware that prior to issuance of a building permit you are required to show proof of a driveway access permit or obtain a statement from the Garfield County Road & Bridge Department stating one is not necessary? You can contact the Road & Bridge Department at 625-8601. Yes ✓ No 31. Do you understand that you will be required to hire a State of Colorado Licensed Electrician and Plumber to perform installations and hookups, unless you as the homeowner are performing the work? The license number of the person performing the work will be required at time of applicable inspection. Yes No I hereby acknowledge that I have read, understand and answered these questions to the best of m ability. signature date /0�,-A61/cJ Phone9 q3-- 5 S, -ti (days); rg - 3 6ecr'(evenings) Project Name: ---F4.7h.1 n r F;1 -_r4 cM -c/ il-OC/S12 Project Address: . U 0 Co , lad 1 3 Notes: If you have answered "No" on any of the questions, you may be required to provide this information at the request of the Building Official prior to beginning the plan review process. Delays in issuing the permit are to be expected. Work may not proceed without the issuance of a permit. If it is determined by the Building Official that additional information is necessary to review the application and plans to determine minimum compliance with the adopted codes, the application may be placed behind more recent applications for building permits in the review process and not reviewed until required information has been provided and the application rotates again to first position for review, delay in issuance of the permit or delay in proceeding with construction. bpminreq 7/00 6 Designate North Arrow w u Eh t6 oz e 2 43 Q zE o Z 0 a _ • • 1994 Building €-ode Setbacks: 25 feet front and rear and 10 feet on the fides Snowload: 40Ibs. /sq. ft. up to 7000 feet Seismic: Zone 1 Wmdshear. 80 mph Wind exposure: B Windload: 151bs. /sq. ft. Frost Depth: 36 inches -30 inches from finished grade to top of footing (Liveload is snowload-imposed by snow) • • GARFIELD COUNTY BUILDING and PLANNING NOTICE OF CLARIFICATION FIRE PROTECTION: It is the interpretation of this department that the provision of UBC Section 302.4, Exception Number 3, also applies to openings for access to attic space above a U occupancy. The access door in the ceiling of a garage must be self closing, tight fitting, solid wood door, 1-3/8ths inches thick, or have a 20 minute fire protection rating or the one hour fire separation wall between the garage and the dwelling must extend above the ceiling, all the way to the roof. ENERGY CONSERVATION Garfield County is enforcing Resolution 96-05 (Chap. 13 Energy Conservation). D 2" x 4" Exterior walls must be supplemented (Le. Rigid insulation with taped or sealed joints or other approved ways to comply with minimum county insulation requirements: R-19 — Walls; R-29 — Roofs; 1* R-11 — Floors over unheated areas 1* Exception: Insulate foundation to frost line and install vapor barrier on ground surface. • 'THE RELIABLE REALTORS" Memo The Garfield County Building Department Front Patrick M. Fitzgerald, GRI Broker and Owner Glenwood Brokers, LTD. CO2 Date: 09/04/2001 Rs 0600 County Road 138, Glenwood Springs, COI We agree that the second story of the above listed property shall not be used as bedrooms. The Historic New Citizen's Building 214 Eighth St., STE 209, Glenwood Springs, CO 81601 Phone 970 945 5554 Fax 970 945 5552 e mail: pat@glenwoodbrotkers.com • i INSPECTION WILL NOT BE MADE UNLESS THIS CARD IS POSTED ON THE JOB 24 HOURS NOTICE REQUIRED FOR INSPECTIONS BUILDING PERMIT ARFIELD COUNTY, COLORADO Date Issued / ..4J 6E "rGoned Area Permit No.....1....L.IL.r' AGREEMENT In consideration of the issuance of this permit, the applicant hereby agrees to comply with all laws and regulations related to the zoning, location; construction and erection of the proposed structure for which this permit is granted, and further agrees that if the above said regulations are not fully complied with in the zoning, location, erection and construction of the above described structure, the permit may then be revoked by notice from the County Building Inspector and IMME IATELY BECOME NULL AND VOID. Use ST tl_J 1 ( �' g 0 IIS T '��GI Add Legal Des,.:r::.,.. r•. r . 0 J ri1:1l.: a�l.� • , , L II ar, Setbacks Front Side Side Rear This Card Must Be Posted So It is Plainly Visible From The Street Until Final Inspection. ( THIS PERMIT IS NOT TRANSFERABLE Phone 109 8th Street County Courthouse Glenwood Springs, Colorado. APP ' • ED DO NOT DESTROY THIS CARD Date BY IF PLA E OUTSIDE - COVER WITH CLEAR PLASTIC `r. INSPECTION RECORD Footing /_, Ot at Foundation 2-I- 01 A.S. Underground Plumbing 3.46,.0 l ii.N Insulation s-- 3o - 0 ( As. ' Rough Plumbing Q/ 4..-. Drywall x--20- 1 4,,,..c..— Chimney & Vent Electric Final (by State Inspector) Gas Piping stis=01 �. Final 5-40/ Electric Rough (By State Inspector) Septic Final (2-,z..�. , r Framing z,,� i (Ll, w' 4 r- 41.404.41.404.7,• (To include Roof in place and Windows and Doors installed).1 1 Notes: p2�1 Lt.-4c� env- �=rnr- e3 ocF Oc,rS/Dt vvAr c< -S O 4- 0e5.40-( S P4M s 7' 13 J H ti.-- Al - ALL LISTED ITEMS MUST BE INSPECTED WHETHER INTERIOR OR EXTERIOR, AND APPROVED BEFORE COVERING - UNDERGROUND OR ABOVE GROUND. ( THIS PERMIT IS NOT TRANSFERABLE Phone 109 8th Street County Courthouse Glenwood Springs, Colorado. APP ' • ED DO NOT DESTROY THIS CARD Date BY IF PLA E OUTSIDE - COVER WITH CLEAR PLASTIC `r. ems® f01:1W 1m. am. A C C tp Om -. " • • d n m ft, fp e4 C k cm Sp O Cf 0 fo u 0 et 0 O d qs a o d oa OD A icet No% cr eD a < 0» 6e p O ►w o m• O C O R CV co O O " "I 0 O - ►w O et l9 " O p a E. go in 4.3. 0090 ssoiPPV 2uJ.Pl!ng POUTD '0££I CD e+ ca o cD O E. 0 •2 a,n 0 a. Icr ca w 0 0 � o to 0§ L o�a oo 0 0 Cr) O 0 O p • O as 0 rc vZ a 0 n co 0 80 tr A m 6' eaB� A a,4. A ttA�� � '" .!..%4 C 00 g C 0 z 0 W Certificate of Occupancy SPECIAL USE PERMIT APPLICATION • • • CONTENTS APPLICATION NARRATIVE LOCATION MAP SITE MAP ADJACENT OWNERS & MINERAL OWNERS ASSESSOR'S MAP OWNERS (SUBDIVISION) LETTERS WARRANTY DEED ISDS PERMIT WELL PERMIT & AUGMENTATION PROPOSED COVENANT REVISION SUBDIVISION MAP • • • GARFIELD COUNTY RECr."r7 - Building & Planning Department 108 8th Street, Suite 201 FFR 23 2004 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com Special Use Permit GENERAL INFORMATION (To be completed by the applicant.) •- Street Address / General Location of Property: n 6 n n (-minty Rr7 GlenTwod gnrirgs Legal Description: Existing Use & Size of Property in acres: s i ng ; e F am i 1 y 2 3 acres Description of Special Use Requested: two family dwe 11 i ng ➢ Zone District: A R R n Name of Property Owner (Applicant): Patrick & '1ari1v n( Linda) Fitzgera Id Address: P o a x 1330 Telephone: 945 5554 City: Glenwood Sprtngs State: co Zip Code:81602 FAX: 9455552 Name of Owner's Representative, if any (Attorney, Planner, etc): none Address: Telephone: City: State: Zip Code: FAX: STAFF USE ONLY Doc. No.: Date Submitted: TC Date: Planner: Hearing Date: • • • c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. 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 applicant/owner) J • Last Revised: 11/07/2002 • • SPECIAL USE PERMIT REQUEST PATRICK & MARILYN FITZGERALD NARRATIVE: Nature and character of Special Use Requested: This is a request to utilize an existing home as a two family dwelling. The house has been designed with a walk -out, day lighted basement that is presently unfinished space which the applicant wishes to convert to an additional dwelling unit which would be used for leasehold purposes. Specifications for proposed use: The part of the lower level that will become the additional unit is just under 1500 square feet in size, will be developed as a two bedroom, one bath unit with full kitchen, combination living room/dining room and laundry area. At a later date a garage/storage area (shown on attached plat) will be built for tenant use and to house the owners garden implements. Hours of operations: Both the applicants unit and the requested unit will be year around. primary residences. Number of vehicles: The applicant has two vehicles, the tenant will be limited to two vehicles. Provision for utilities: Underground electric and telephone are installed to the present house. A water well and ISDS tank are in placed. Heat is provided by a propane, hot water furnace. WATER AND WASTE WATER: Water: Water is provided by a deep (420 foot) well. The well is shared by Lots 2 and 4 of The Senor Mesa Exemption and the well is the subject of a West Divide Contract which is permitted for two dwellings per lot. The well has been tested at 15 gallons per minute. Copies of the well permit and the West Divide Augmentation Contract are attached. The property is irrigated with ditch water, part of which is by sprinkler and part by flood irrigation. Waste Water: Waste water treatment will be by ISDS. When the house was designed it was permited as a five bedroom house,(there is presently only one bedroom) consequently the ISDS was oversized. Copies of the ISDS permit and inspection are attached. COVENANTS: The protective covenants that are attached to the property provide that a detached, additional dwelling unit may be built on each lot in the subdivision. All four owners of the subdivision have agreed that the covenants may be modified to allow the additional dwelling unit to be built as part of the main house as long as no other units are built on a given lot. If this Special Use Permit is granted, the applicant will provide an amendment to the covenants to that effect and record same at the Court House with copies to the Planning Department. Copies of the letters from the other lot owners are attached. • • • STATEMENT RESPONDING TO THE CRITERIA OF SECTION 5.03 OF THE ZONING REGULATIONS: 1. Utilities: a. Water: Water is provided by a 420 foot deep well which has been tested at 15 gpm. The well is permitted by the State of Colorado and has a West Divide augmentation contract allowing a total of four (4) residences. The well has been in use for four years and there have been no problems with supply or quality. b. Waste Water: The ISDS system has been designed in excess of the number of bedrooms which will exist. Design factor is for a total of five bedrooms. The design for the ISDS was based on soil percolation tests performed by H.P. Geotech. 2. Street Improvements: The access roads and the subdivision are permitted for four lots with a total of two homes per lot. No homes beyond that density will be allowed. The roads are maintained by the Senor Mesa Home Owners Association which is more than adequately funded. 3. Design is organized to minimize impact: a. The present use is a single family home. If the application is granted there will be no change in any of the layout and the actual impact will be less than if two homes were on the property. There are no intensively utilized areas. No adverse lighting, no signs and in general the subdivision and the applicants site are hidden from view. • LOCATION MAP • • r = ) -556 \ Y g „ t l 11 is 61) 0 v r r_7 c • Y‘' E7. irdp, ,I (, • SITE MAP • • LEGAL DESCRIPTION Lot 4 A tract of land situate in Section 35, Township 5 South, Range 90 West of the 6th P.M. being more particularly described as follows: Beginning at a point whence the North 1/4 Corner of said Section 25 bears N 3253'35" W 1719.72 feet; thence S 8579'52" E 505.55 feet; thence N 0043'28" E 160.29 feet; thence S 8937'27" E 744.74 feet; thence S 00'00'33" E 513.81 feet to the northerly right-of-way of a county road; thence along said right-of-way on the following courses: S 6130'00" W 65.73 feet; thence S 4413'00" W 160.19 feet; thence S 5629'00" W 117.95 feet; thence S 6132'00" W 159.73 feet; thence S 6204'00" W 174.86 feet; thence S 7817'00" W 236.34 feet; thence N 8979'00" W 81.31 feet; thence N 7508'00" W 24302 feet; thence N 77'02'00" W 275.74 feet; thence N 82'72'00" W 24.81 feet; thence departing said right-of-way line N 12'3128" E 705.05 feet to the point of beginning containing 23.148 acres more or less. CERTIFICATION LINE BEARING DISTANCE L1 S 82'02'00" E 24.81' L2 S 82'02'00" E 96.98' L3 N 00'43'28" E 160.29' L4 N 89'19'00" W 81.31' L5 S 61'32'00" W 159.73' L6 S 56'29'00" W 117.95' L7 S 4413'00" W 160.19' L8 S 61'30'00" W 65.73' I Richard Holsan, a licensed surveyor in the State of Colorado, certify that l have located the property lines for the property shown hereon and have indicated the locatign of proposed improvements as directed by the property owner or the ymuvrs°l`Qpre�entotive as shown hereon. This certification applies to proposed pt�r6velnen s alvd; apes not represent on Improvement Location Certificate or w/mp v Su e'.: 47 /A �✓ Holsan, ROLLAN SURVEYING LLC 71 Richard L I klsaa LS. 13501 4773 214 Rd sort &a mb (970)) 876--2947 SJlE PLN LOT 4 SENOR MESA SUBDIVISION M10N 0ARFIDID COUNTY, COLORADO _J,DA rF 8/05/0317Rai 203058 SITE LOT4 SM • • ADJACENT OWNERS AND MINERAL OWNERS • • • PROPERTY OWNERS ADJACENT OR WITHIN 200 FEET MINERAL RIGHTS: OWNERS: Thomas King, 100% by deed recorded October 13, 1921 at Book 117, Page 516, Garfield County Records No address or tax records found Thomas R. Gambel (212335100120) 0319 County Road 138 Glenwood Springs, CO 81601 Dieter and Carina Sander (212335100119) P.O. Box 2059 Hotchkiss, CO 81419-2059 Kathryn E. Williams (2123351001180 305 Maple St. Glenwood Springs, CO 81601 Kendra Collee Mckennis (2123351000990 ATTN: U.S. Bank Trust Real Estate P.O. Box 5168 Denver, CO 80217-5168 Norman R. Hansen (212335100127) P.O. Box 702 New Castle, CO 81647 New Creation Church of Glenwood, Inc . (212335100098) 044881 Highway 6 & 24 Glenwood Springs, CO 81647 Monica & James Vigil (212335100162) 0147 County Road 137 Glenwood Springs, CO 81601 Violet Goodsell (212335100163) 152 County Road 137 Glenwood Springs, CO 81601 ASSESSOR'S MAP e • 9 9 9 0 0 O J 0 J 0 LAI W O o g • OWNER LETTERS • • • • July 28,2003 305 Maple St Glenwood Springs, CO 81602 Patrick M. Fitzgerald P.O. Box 1330 Glenwood Springs, CO 81601 RE: Making walk out basement into rental unit on Senor Mesa Subdivision Lot 4. Dear Pat: In response to your letter of July 22, 2003 requesting your second dwelling unit be in your basement, I do not have a problem with that as long as it is put in the form of a recorded deed restriction. This restriction should state that this unit in your basement takes the place of your second unit as per covenants and no future additional rental unit or house will be allowed on this lot. If this is approved please send me a copy of the recorded deed restriction. If you have any questions on my request, you can call me at 945-5147. Yours truly, Gk.zh iS Kathryn E. Williams • July 22, 2003 • P.O. Box 1330 Glenwood Springs, CO 81602 Kathryn Williams 305 Maple Street Glenwood Springs, CO 81601 RE: Senor Mesa Subdivision Dear Kay: As you may know,two years ago I built a new home on Lot 4 of the Senor Mesa Subdivision.The lower level of the home is an unfinished, walk out basement which I designed to be a separate rental unit at some time in the future. I need to approach Garfield County for permission to construct this rental unit and have a hearing with the County Commissioners to gain permission to do so. Our present covenants (and I attach a copy) provide for guest homes and servant quarters as a separate building but does not speak to having an additional dwelling unit in the main house or to the idea of renting it out. Therefore, I would need the permission of at least a majority of the lot owners to gain County approval. If the County approves my application, I will represent to the County, and to all owners in the Senor Mesa Subdivision, that I will not build or apply to build any other guest home or residence on the property. If the above meets with your approval, please sign in the space provided below and mail this letter back to me. Feel free to call me at 945 5554 with any questions you may have. Sincerely; C Patrick M. Fitz erald ACCEP 1'ED AND APPROVED: • Kathryn Williams • August 11, 2003 P.O. Box 1330 Glenwood Springs, CO 81602 Katherine Williams 305 Maple Street Glenwood Springs, CO 81601 Dear Kay; • Thanks for your letter of July 28, 2003 regarding my pending application with the County to convert my existing basement to a rental unit. If I am successful in my application with the County I have no problem imposing a deed restriction on the property as you have requested and will provide you with a copy. Thanks for your assistance. Sincerely; Patrick M. itz5 • • DIETER SANDER • • PAT FITZGERALD POB 1330 GLENWOOD SPRINGS 81602 POB 2059 HOTCHKISS CO 81419 AUG, 30, 2003 RE: SENOR MESA EXEMPTION DEAR PAT, THE SENOR MESA PROTECTIVE COVENANTS IN ART, V, 1,(B) ON EACH LOT IN ADDITION TO THE PRIMARY RESIDENCE, ALLOW A DETACHED GUEST OR SERVANT HOUSE OF A MINIMUM SIZE OF 800 SF, You ARE PROPOSING, THAT INSTEAD OF BUILDING A SEPARATE DETACHED DWELLING UNIT, YOU WILL FINISH YOUR EXISTING HOUSE TO INCORPORATE SUCH A SECONDARY UNIT IN THE FORM OF A WALK -OUT BASEMENT, WE HAVE NO OBJECTION TO WHAT YOU ARE PLANNING AND AGREE WITH YOUR 1, NO OTHER DETACHED OORLATTACHED EDWELLING UNIT WILL EVER BE BUILT ON YOUR LOT. 2. ALONG WITH THE APPROVAL OF YOUR PROPOSAL BY THE COUNTY COMMISSIONERS, THE PROTECTIVE COVENANTS WILL BE AMENDED TO PROVIDE AS SET FORTH ABOVE, AND FURTHER TO PROVIDE, THAT THE OTHER TWO AS YET UNDEVELOPED LOTS, NAMELY MRS, WILLIAMS' AND OURS, WILL_ HAVE THE OPTION TO EITHER HAVE A SEPARATE DETACHED DWELLING UNIT AS NOW PROVIDED IN THE COVENANTS OR MAY HAVE A SECONDARY UNIT ATTACHED TO THE PRIMARY RESIDENCE, CC: MRS, WILLIAMS TOM GAMBELL SINCERELY, July 22, 2003 P.O. Box 1330 Glenwood Springs, CO 81602 Tom Gambell 0319 County Road 138 Glenwood Springs, CO 81601 RE: Senor Mesa Subdivision Dear Tom: As you may know,two years ago I built a new home on Lot 4 of the Senor Mesa Subdivision.The lower level of the home is an unfinished, walk out basement which I designed to be a separate rental unit at some time in the future. I need to approach Garfield County for permission to construct this rental unit and have a hearing with the County Commissioners to gain permission to do so. Our present covenants (and I attach a copy) provide for guest homes and servant quarters as a separate building but does not speak to having an additional dwelling unit in the main house or to the idea of renting it out. Therefore, I would need the permission of at least a majority of the lot owners to gain County approval. If the County approves my application, I will represent to the County, and to all owners in the Senor Mesa Subdivision, that I will not build or apply to build any other guest home or residence on the property. If the above meets with your approval, please sign in the space provided below and mail this letter back to me. Feel free to call me at 945 5554 with any questions you may have. Sincerely; Patrick M. Fitzger ACCEPTED AND APPROVED: WARRANTY DEED 111111111111111111111111111111111111111 III 1111111111111 548299 07/02/1999 12:08P 81138 P531 M ALSDORF 1 of 2 R 10.00 D 18.90 GARFIELD COUNTY CO ................ ...:;: Filed for record the day of ,A.D. 19 , at Reception No, o'clock M. RECORDER. By DEPUTY. WARRANTY DEED THIS DEED, Made on this day of July 01, 1999 between MICHAEL J. MARTUCCI AND ELIZABETH J. MARTUCCI of the County of GARFIELD PATRICK M. FITZGERALD AND MARILYN A. FITZGERALD and State of Colorado , of the Grantor(s), and whose legal address is : 1317 RiVERVIEW, GLENWOOD SPRINGS. CO 81601 of the County of GARFIELD and State of Colorado of the Grantee(s): WITNESS, That the Grantor(s), for and in consideration of the sum of ( $189,000.00 *** One Hundred Eighty Nine Thousand and 00/100 *** DOLLARS the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee(s), their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the County of GARFIELD and State of Colorado, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF TOGETHER WITH, BUT GiITHOUT WARRANTY. 1/2 INTEREST IN WELL PURSUANT TO WELL AGREEMENT RECORDED AS RECEPTION NO. 430319: AND !1/10 CUBIC FEET PER SECOND, PRIORITY 1/154—BBA OF THE VIRGINIA DITCH OR EQUIVALENT SHARES IN THE WILLIAMS CA TO�2bAD 13APPURTENANTr TO OR USED IN CONNECTION WITH PROPERTY also Known as street number 06 N Y OD SPRINGS, CO 81601 CONVEYED TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right title interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s), their heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant,E': bargain, and agree to and with the Grantee(s), their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 1999 AND SUBSEQUENT YEARS, AND SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS, COVENANTS AND RIGHTS OF WAY OF RECORD, IF ANY The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the possession of the Grantee(s), his heirs and assigns, against or any part thereof. The singular number shall include the p shall be applicable to all genders. IN WITNESS WHEREOF the Grantor(s) has executed this STATE OF County of .LCL The foregoing instrument by MICHAEL J. MARTUCCI AN )ss. l'dA F •... •..•�+ N0 TAfC,i1 •; s atkin wliedged-i,efbre AB`ETH°•J! `hYAg Vic\ 'A•• O OF CO' - My commission expires Witness my hand and officialal. y commission Expires 07/18/2001 Name and Address of above bargained premises in the quiet and peaceable all and every person or persons lawfully claiming the whole lural, and the plural the singular, and the use of any gender de I on the ate set forth above. fIC}IAEL J. UCCI (//1 on this day of July 01, 1999 Zit I. '71-) ---L9-rg Notary Public Person Creating Newly Created Legal Description ( 38-35-106.5, C.R.S.) Escrow# GW231339 Title# GW231339 When Recorded Return to: MASON & MORSE REAL ESTATE Form NO. 921A Rev 4-94. WARRANTY DEED (To Joint Tenants) 004, 801 COLORADO AVE. GLENWOOD SPRINGS, CO 81601 • III1III 11111 111111 111111 1111 11111 111111 111 11111 1111 1111 548299 07/02/1999 12:08P B1138 P532 M ALSDOR 2 of 2 R 10.00 D 18.90 GARFIELD COUNTY CO EXHIBIT A LOT 4 A TRACT OF LAND SITUATE IN SECTION 35, TOWNSHIP 5 SOUTH, RANGE 90 WEST OF THE 6TH PRINCIPAL MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE NORTH 1/4 CORNER OF SAID SECTION 35 BEARS N. 32 DEGREES 53'35" W. 1719.72 FEET; THENCE S. 85 DEGREES 19'52" E. 505.55 FEET; THENCE N. 00 DEGREES 43'28" E. 160.29 FEET; THENCE S. 89 DEGREES 37'27" E. 744.74 FEET; THENCE S. 00 DEGREES 00'33" E. 513.81 FEET TO THE NORTHERLY RIGHT OF WAY OF A COUNTY ROAD; THENCE ALONG SAID RIGHT OF WAY ON S. 61 DEGREES 30'00" W. 65.73 FEET; THENCE S. 44 DEGREES 13'00" W. 160. THENCE S. 56 DEGREES 29'00" W. 117. THENCE S. 61 DEGREES 32'00" W. 159 THENCE S. 62 DEGREES 04'00" W. 174. THENCE S. 78 DEGREES 17'00" W. 236 THENCE N. 89 DEGREES 19'00" W. 81.3 THENCE N. 75 DEGREES 08'00" W. 243 THENCE N. 77 DEGREES 02'00" W. 275. THENCE N. 82 DEGREES 02'00" W. 24. THENCE DEPARTING SAID RIGHT OF WAY THE POINT OF BEGINNING. SAID PARCEL IS SOMETIMES KNOW AS: THE FOLLOWING COURSES: 19 FEET; 95 FEET; .73 FEET; 86 FEET; .34 FEET; 1 FEET; .02 FEET; 74 FEET; 81 FEET; LINE N. 12 DEGREES 31'28" E. 705.05 FEET TO LOT 4 FIRST AMENDED SENOR MESA EXEMPTION PLAT LESS AND EXCEPT THE FOLLOWING PARCEL TO BE CONVEYED BY QUIT CLAIM DEED: A TRACT OF LAND SITUATE IN THE SE1/4 OF THE NE1./4 OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 90 WEST OF THE 6TH PRINCIPAL MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SE1/4 OF THE NE1/4; THENCE S. 07 DEGREES 37'57" E. 160 FEET, MORE OR LESS, TO A FENCE AS BUILT AND IN PLACE; THENCE EASTERLY 723 FEET, MORE OR LESS, ALONG SAID FENCE TO A POINT ON THE WEST LINE OF A TRACT OF LAND DESCRIBED IN BOOK 64 AT PAGE 324 OF THE RECORDS OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO; THENCE NORTH 132 FEET, MORE OR LESS, ALONG SAID WEST LINE TO THE NORTH LINE OF SAID SE1/4 OF THE NE1/4; THENCE N. 89 DEGREES 31'20" W. 744.35 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO GW231339 • ISDS PERMITS • • GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT 109 8th Street Suite 303 Glenwood Springs, Colorado 81601 Phone (303) 945-8212 INDIVIDUAL SEWAGE DISPOSAL PERMIT PROPERTY Permit iv - j 4 4 1 Assessor's Parcel No. This does not constitute a building or use permit. Owner's Namet-iZG t..b, C (� t 13 �t � Present Address —'y> P1,3 fiG � Phone Y System Location 0 (O OCA In �`�j CTt �., Daz 00 Legal Description of Assessor's Parcel No. SYSTEM DESIGN OGq/zo°(0 Ro G.DfszoSl282 s2 (2ocv:- A_Acf_Frc LCA /.1 c aiLit&E-2 36O _ 4 8 v I 7 rLCt,reN e5 ✓ Septic Tank Capacity (gallon) Other Percolation Rate (minutes/inch) Required Absorption Area - See Attached Special Setback Requirements: Date 1 2 -'Lo Inspector Number of Bedrooms (or other) FINAL SYSTEM INSPECTION AND APPROVAL (as installed) Call for Inspection (24 hours notice) Before Covering Installation System Installer Septic Tank Capacity p}y Septic Tank Manufacturer or Trade Name Septic Tank Access within 8" of surface Absorption Area ` �, F[p L (1 (y 77 $ /A) Absorption Area Type and/or Manufacturer or Trade Name Adequate compliance with County and State regulations/requirements Other Date *CONDITIONS: 1. All installation must comply with all requirements of the Colorado State Board of Health Individual Sewage Disposal Systems Chapter 25, Article 10 C.R.S. 1973, Revised 1984. 2. This permit is valid only for connection to structures which have fully complied with County zoning and building requirements. Con- nection to or use with any dwelling or structures not approved by the Building and Zoning office shall automatically be a violation or a requirement of the permit and cause for both legal action and revocation of the permit. 3. Any person who constructs, alters, or installs an individual sewage disposal system in a manner which involves a knowing and material variation from the terms or specifications contained in the application of permit commits a Class I, Petty Offense ($500.00 fine — 6 months in jail or both). L 2--22-- e Inspector RETAIN WITH RECEIPT RECORDS AT CONSTRUCTION SITE White - APPLICANT Yellow - DEPARTMENT • Gtech May 17, 1999 Pat Fitzgerald P.O. Box 1330 Glenwood Springs, CO 81602 Hepworth-Pawlak Geotechnical. Inc. 5020 County Road 154 Glenwood Springs. Colorado 81601 Phone: 970-945-7988 Fax: 970-945-8454 hpgeo@hpgeotech.com Job No.199 364 Subject: Subsoil Study for Foundation Design and Percolation Test, Proposed Residence, Lot 4, Senior Mesa Exemption, 600 County Road 138, Garfield County, Colorado. Dear Pat: As requested, Hepworth-Pawlak Geotechnical, Inc. performed a subsoil study and percolation test for foundation and septic disposal designs at the subject site. The study was conducted in accordance with our agreement for geotechnical engineering services to you dated April 30, 1999. The data obtained and our recommendations based on the proposed construction and subsurface conditions encountered are presented in this report. Evaluation of potential geologic hazard impacts on the site are beyond the scope of this study. Proposed Construction: The proposed residence will be a single story wood frame structure above a basement level and located approximately in the area of the pits shown on Fig. 1. Ground floors are proposed to be slab -on -grade. Cut depths are expected to range between about 3 to 6 feet. Foundation loadings for this type of construction are assumed to be relatively light and typical of the proposed type of construction. The septic disposal system is proposed to be located directly south of the residence. If building conditions or foundation loadings are significantly different from those described above, we should be notified to re-evaluate the recommendations presented in this report. Site Conditions: The property is located on a gently rolling mesa about 200 feet higher and to the north of the Colorado River. The ground surface in the building area is gently sloping down to the south with about 5 to 6 feet of elevation difference. An existing flat bench has been made at the building site by cuts and fills up to about 2 to 3 feet deep. Outside of the disturbed area the lot is vegetated with grass and weeds. Irrigation ditches cross the lower part of the lot and County Road 138 borders the lot on the south. Subsurface Conditions: The subsurface conditions at the site were evaluated by excavating two exploratory pits in the building area and one profile pit in the septic disposal area at the approximate locations shown on Fig. 1. The pits were located just • Pat Fitzgerald. May 17, 1999 Page 2 outside of the existing cut and fill bench. The logs of the pits are presented on Fig. 2. The subsoils encountered, below about 1 foot of topsoil, consist of silty sands and gravels with cobbles . The upper 4 to 5 feet was calcareous. Results of consolidation testing performed on a relatively undisturbed sample of silty sand, presented on Fig. 3, indicate low compressibility under existing moisture condition and light loading and a low collapse potential (settlement under constant load) when wetted. Results of a gradation analysis performed on a sample of gravelly soil (minus 3 inch fraction) obtained from the site are presented on Fig. 3. The laboratory testing is summarized on Table I. No free water was observed in the pits at the time of excavation and the soils were slightly moist. Foundation Recommendations: Considering the subsoil conditions encountered in the exploratory pits and observed in the cut bench, and the nature of the proposed construction, we recommend spread footings placed on the undisturbed natural soil designed for an allowable soil bearing pressure of 1,500 psf for support of the proposed residence. The sandy soils tend to compress after wetting and there could be some post - construction foundation settlement. Footings should be a minimum width of 16 inches for continuous walls and 2 feet for columns. The existing fill, topsoil and loose disturbed soils encountered at the foundation bearing level within the excavation should be removed and the footing bearing level extended down to the undisturbed natural soils. The exposed subgrade should then be moistened and compacted. Exterior footings should be provided with adequate cover above their bearing elevations for frost protection. Placement of footings at least 36 inches below the exterior grade is typically used in this area. Continuous foundation walls should be reinforced top and bottom to span local anomalies such as by assuming an unsupported length of at least 12 feet. Foundation walls acting as retaining structures should be designed to resist a lateral earth pressure based on an equivalent fluid unit weight of at least 45 pcf for the on-site soil as backfill, excluding topsoil and rock larger than about 6 inches. Floor Slabs: The natural on-site soils, exclusive of topsoil, are suitable to support lightly loaded slab -on -grade construction. To reduce the effects of some differential movement, floor slabs should be separated from all bearing walls and columns with expansion joints which allow unrestrained vertical movement. Floor slab control joints should be used to reduce damage due to shrinkage cracking. The requirements for joint spacing and slab reinforcement should be established by the designer based on experience and the intended slab use. A minimum 4 inch layer of free -draining gravel should be placed beneath basement level slabs to facilitate drainage. This material should consist of minus 2 inch aggregate with less than 50% passing the No. 4 sieve H -P GEOTECH • • • Pat Fitzgerald May 17, 1999 Page 3 and less than 2% passing the No. 200 sieve. All fill materials for support of floor slabs should be compacted to at least 95 % of maximum standard Proctor density at a moisture content near optimum. Required fill can consist of the on-site soils devoid of vegetation, topsoil and oversized rock. Underdrain System: Although free water was not encountered during our exploration, it has been our experience in the area that local perched groundwater can develop during times of heavy precipitation or seasonal runoff. Frozen ground during spring runoff can create a perched condition. We recommend below -grade construction, such as retaining walls and basement areas, be protected from wetting and hydrostatic pressure buildup by an underdrain system. Shallow crawlspace areas should not need an underdrain with proper backfill construction and a positive surface slope away from the residence. The drains should consist of drainpipe placed in the bottom of the wall backfill surrounded above the invert level with free -draining granular material. The drain should be placed at each level of excavation and at least 1 foot below lowest adjacent finish grade and sloped at a minimum 1% to a suitable gravity outlet. Free -draining granular material used in the underdrain system should contain less than 2% passing the No. 200 sieve, less than 50% passing the No. 4 sieve and have a maximum size of 2 inches. The drain gravel backfill should be at least 11/2 feet deep. An impervious membrane such as 20 mil PVC should be placed beneath the drain gravel in a trough shape and attached to the foundation wall with mastic to prevent wetting of the bearing soils. Surface Drainage: The following drainage precautions should be observed during construction and maintained at all times after the residence has been completed: 1) Inundation of the foundation excavations and underslab areas should be avoided during construction. 2) Exterior backfill should be adjusted to near optimum moisture and compacted to at least 95 % of the maximum standard Proctor density in pavement and slab areas and to at least 90 % of the maximum standard Proctor density in landscape areas. Free -draining wall backfill should be capped with about 2 feet of the on-site, finer graded soils to reduce surface water infiltration. 3) The ground surface surrounding the exterior of the building should be sloped to drain away from the foundation in all directions. We H -P GEOTECH Pat Fitzgerald May 17, 1999 Page 4 recommend a minimum slope of 6 inches in the first 10 feet in unpaved areas and a minimum slope of 3 inches in the first 10 feet in pavement and walkway areas. 4) Roof downspouts and drains should discharge well beyond the limits of all backfill. 5) Landscaping which requires regular heavy irrigation should be located at least 5 feet from the building. Percolation Testing: Percolation tests were conducted on May 4, 1999 to evaluate the feasibility of an infiltration septic disposal system at the site. One profile pit and three percolation holes were dug at the locations shown on Fig. 1. The test holes (nominal 12 inch diameter by 12 inch deep) were hand dug at the bottom of shallow backhoe pits and were soaked with water one day prior to testing. The soils exposed in the percolation holes are similar to those exposed in the Profile Pit shown on Fig. 2 and consist of silty sands and gravels. The percolation test results are presented in Table II. The percolation test results indicate an infiltration rate between 8 and 30 minutes per inch with an average at about 18 minutes per inch. Based on the subsurface conditions encountered and the percolation test results, the tested area should be suitable for a conventional infiltration septic disposal system. Limitations: This study has been conducted in accordance with generally accepted geotechnical engineering principles and practices in this area at this time. We make no warranty either expressed or implied. The conclusions and recommendations submitted in this report are based upon the data obtained from the exploratory pits excavated at the locations indicated on Fig. 1, the proposed type of construction and our experience in the area. Our findings include interpolation and extrapolation of the subsurface conditions identified at the exploratory pits and variations in the subsurface conditions may not become evident until excavation is performed. If conditions encountered during construction appear different from those described in this report, we should be notified at once so re-evaluation of the recommendations may be made. This report has been prepared for the exclusive use by our client for design purposes. We are not responsible for technical interpretations by others of our information. As the project evolves, we should provide continued consultation and field services during construction to review and monitor the implementation of our recommendations, and to verify that the recommendations have been appropriately interpreted. Significant design changes may require additional analysis or modifications to the recommendations presented herein. We recommend on-site observation of excavations and foundation H -P GEOTECH • Pat Fitzgerald May 17, 1999 Page 5 bearing strata and testing of structural fill by a representative of the geotechnical engineer. If you have any questions or if we may be of further assistance, please let us know. Sincerely, HEPWORTH - PAWLAK GE HNICAL, INC. Tc • Steven L. Pawlak, P. Rev. By: JZA • SLP/sd/ksm attachments • H -P GEOTECH APPROXIMATE SCALE 1"=200' z 1 1 ( Ip/\ ../p/ LOT 4 P 3A P P 2A P 1 LOT 3 PIT 1 ■ PROFILE PIT ■ PIT 2 1 1 ELECTRIC PROPERTY POWER BOUNDARY UNES DITCH P LOT 2 0 WELL 199 364 HEPWORTH - PAWLAK GEOTECHNICAL, INC_ LOCATION OF EXPLORATORY PITS Fig. 1 0 5 10 LEGEND: PIT 1 +4=36 —200=8 PIT 2 WC=5.9 00=101 TOPSOIL; organic sandy silt, dark reddish brown. PROFIT E PIT 0 5 10 SAND AND GRAVEL (SM—GM); silty, medium dense, slightly moist, light red—brown, calcareous, subangular to rounded rock. ♦ r'Q! Qui GRAVEL (GM); sandy to very sandy, silty, cobbles, dense, slightly moist, red—brown. .•Oro= NOTES: SAND (SM); silty, araveliy, scattered cobbles, medium dense, slightly moist, red, porous. 2" Diameter hand driven liner sample. Disturbed bulk sample. 1. Exploratory pits were excavated on May 3, 1999 with a backhoe. 2. Locations of exploratory pits were measured approximately by pacing from features or. the site plan provided. 3. Elevations of exploratory pits were not measured and logs of exploratory pits are drawn to depth. 4. The exploratory pit locations should be considered accurate only to the degree implied by the method used. 5. The lines between materials shown on the exploratory pit logs represent the approximate boundaries between material types and transitions may be gradual. 6. No free water was encountered in the pits at the time of excavating. Fluctuations in water level may occur with time. 7. Laboratory Testing Results: WC = Water Content ( % ) IDD = Dry Density ( pcf ) +4 = Percent retained on No. 4 sieve —9nn = Percent oassina No. 200 sieve 199 364 HEPWORTH — PAWLAK GEOTECHNICAL, INC• LOGS OF EXPLORATORY PITS 1 Depth — Feet Fig. 2 Compression 0 1 2 3 4 0.1 1.0 10 APPLIED PRESSURE — ksf 100 199 364 HEPWORTH - PAWLAK GEOTECHNICAL, INC. SWELL -CONSOLIDATION TEST RESULTS Fig. 3 Moisture Content = 5.9 percent Dry Density Weight = 101 pcf Sample of: Silty Sand From: Pit 2 at 7 Feet Compression upon wetting 0.1 1.0 10 APPLIED PRESSURE — ksf 100 199 364 HEPWORTH - PAWLAK GEOTECHNICAL, INC. SWELL -CONSOLIDATION TEST RESULTS Fig. 3 PERCENT PASSING HYDROMtltN ANALYSIS TIME READINGS SIM ANA -`SIS 24 HR. 7HR 45 MIN. 15 MIN. 60 MIN.19 MIN. 4 MIN. 1 MIN. 100 90 60 70 60 50 40 30 20 10 0 #200 roo U.S. STANDARD SERIES CLEAR SQUARE OPENINGS #50 }30 116 #8 f4 3/6'1/2'3/4' 1 1/2' 3' 5'6' BD { { F I .001 .002 .005 .009 .019 .037 .074 .150 .300 .600 1.18 2.36 4.75 9.512.5 19.0 DIAMETER OF PARTICLES IN MILLIMETERS 37.5 10 20 30 40 50 60 76.2 152 203 127 CLAY TO SILT SAND FINE 1 MEDIUM ICOARSE G. FINE ! COARSE COBBLES GRAVEL 36 % SAND 56 % SILT AND CLAY 8 % LIQUID LIMIT % PLASTICITY INDEX SAMPLE OF: Slightly Silty Sand and Gravel FROM: Pit 1 at 5 to 6 Feet 70 80 90 100 PERCENT RETAINED 199 364 HEPWORTH — PAWLAK GEOTECHNICAL, INC. GRADATION TEST RESULTS Fig. 4 JOB NO. 199 364 • SOIL OR BEDROCK TYPE Slightly Silty Sand & Gravel Silty Sand UNCONFINED COMPRESSIVE STRENGTH IPSFI F U X H < 2 c'-- z W w :-.,-- c,_- J 3A]IS OOZ 'ON DNISSVd 1N30U3d CO 2 O 0 < cc 0 < < h CD L7 J 0 NATURAL NATURAL MOISTURE DRY CONTENT DENSITY 1%1 IPCR N.O Vl N T LC; CD 0 (0 N T... N • • HEPWORTH-PAWLAK GEOTECHNICAL, INC. TABLE II PERCOLATION TEST RESULTS JOB NO. 199 364 NOTE: Percolation holes were hand dug in bottom of backhoe pits and soaked on May 3, 1999. Percolation tests were conducted on May 4, 1999. The average percolation rate is based on the last two readings of each test. LENGTH OF INTERVAL (MIN) WATER DEPTH AT START OF INTERVAL (INCHES) WATER DEPTH AT END OF INTERVAL (INCHES) DROP IN WATER LEVEL (INCHES) AVERAGE PERCOLATION RATE (MIN./INCH) HOLE NO. HOLE DEPTH (INCHES) P-1 53 15 water added 7 51/2 1 1/2 30 5 1/2 4 3/4 3/4 4 3/4 4 3/4 4 3 1/2 1/2 6 1/2 5 3/4 3/4 5 3/4 5 3/4 5 4 1,2 1/2 4 112 4 1/2 P-2 56 15 water added 8 1/4 6 3/4 1 1;2 15 6 3/4 5 3/4 1 5 3/4 4 3/5 1 4 3/4 3 3/4 1 7 6 1 6 5 1 5 4 1 4 3 1 P-3 56 15 water added water added 9 1,'2 6 3 1;2 8 6 3 3/4 2 1/4 9 6 3/4 2 1/4 6 3/4 4 1;2 2 1/4 4 1/2 3 1 1/2 83/4 63/4 2 6 3/4 4 3/4 2 4 3/4 2 3/4 2 NOTE: Percolation holes were hand dug in bottom of backhoe pits and soaked on May 3, 1999. Percolation tests were conducted on May 4, 1999. The average percolation rate is based on the last two readings of each test. • • • , Q Yt- /,A P2 L c-.dc4, LEAc(4 -c444, 666 G? G =36 rouJ,,ty.s\s- -) IDD /0 ()NIS) t:D� A S 5 0! 140J s s 7 • C-( poky. ((Y2 �2=rte -aE L(S) U 1`-(1 S = SS D rLtic c_f3 / S PoS ld • • • • • WELL PERMIT AND AUGMENTATION FORM N0. GWS -32 10194 PUMP INSTALLATION AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER 2 WELL PERMIT NUMBER 0493.07— F OWNER NAME(S) 947 F 17 Gc /1� Mailing Address P.o. (.3(Tn 13 0 City, St. Zip no --s , <_ ;, i&O Phone (q70 ) 3. WELL LOCATION AS DRILLED: Sc4) 1/4 /E 1/4, Sec. DISTANCES FROM SEC. LINES: 32,4' ft. from Sec. line. and ) 3 (norm or eautn) SUBDIVISION: 4. STREET ADDRESS AT WELL LOCATION: PUMP DATA: Type Pump Manufacturer Design GPM 7 Pump Intake Depth For Office Use only 3 S Twp.`.3 Range 90 l ) ft. from Sec. line. (UST or Weft) LOT BLOCK _ FIUNG(UNIT) STA—RITC at RPM 34 -so , HP/77... 40o' Feet, Drop/Column Pipe Size Installation Completed 4/28Y00 Pump M.-,_zI No. 7P4 Fp�N kr. , Volts 2-30v , Full Load Amps _ -4 Inches, Kind SC N 6J PVG .3 ADDITIONAL INFORMATION FOR PUMPS GREATER THAT 50 GPM: TURBINE DRIVER TYPE. ❑ Electric ❑ Engine ❑ Other D'esign Head feet, Number of Stages , Shaft size inches. 5. OTHER EQUIPMENT: Airline Installed ❑ Yes Z No, Orifice Depth ft. Flow Meter Mfg. deter Readout ❑ Gallons n Thousand Gallons, 6. TEST DATA: Total Well Depth Static Level Date Measured 0 Check box moo' --o" 3o4 — 5 r, 4/2-8'/oo . Monitor Tube Installed ❑ Yes0No, Depth ft._ Meter Serial No. 0 Acre feet 0 Beginning Reading if Test data is submitted on Supplemental Form. Date 4/zjoo Time Rate (GPM) /5 GpSA, - Pumping Lvl. 3 — q " 7. DISINFECTION: Type Amt. Used 164 &.. 9. Water Quality analysis available ❑ Yes ® No Remarks 1114110 10. I have read the statements made herein and know the contents thereof, and that they are true to my knowledge. [Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury in the secona degree and is punishable as a class 1 misdemeanor.) tiNTRACTOR $f,NI(/E7-$ON f'vi'i j CrD. lling Address P. Q, ' .1q7 r- 41Du)00a Name/Title (Please type or print) 1FAvN 5-4M V FL -50/v Phone (970) 945-6309 Uc. No. /050 'SPPruc� ►� . 1(I602 Signature /) � Date '5//o 00 __,.,./ GWS -10 03/92 • i c L Vl)LVhttiUV OFFICE OF THE STATE ENGINEER 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 FOR INSTRUCTIONS, SEE REVERSE SIDE 1. STATEMENT OF BENEFICIAL USE WELL PERMIT NUMBER 049807 F WELL OWNER Dieter & Carina Sander (1/2 interest) NAME(S) Patrick M. & Marilyn A. Fitzgerald (1/2 interest Mailing Address P.O. Box 1330 City, St. Zip Glenwood Springs, CO 81602 Phone (970 ) 945 5554 hor Lmce Use onry RECEIVED l 03 '00 VVATEJ HES STATE ENGINEER GI. ENVVC0f) RECEIVED MAY 0 9 2000 2. 3. 4. WELL LOCATION: COUNTY Garfield OWNER'S WELL DESIGNATION 0600 County Road 138, Glenwood Springs, CO 81601 (Address) SW 1/4 of the NE 1/4, Sec. 35 Twp. 5 nNEl N. or S., Range Distances from Section Lines 1324 (City) WATER FIE SO(.ir:GES STATE ENGINEER (State) 90 ❑E.orE Ft. from N. or ri S. Line, 1325 (zip) W. 6th P.M. Ft. from [1 E. or CI W. Line. The well is being used for the following purpose(s): Domestic, irrigation and 1 i vpctnrk well is permitted for 4 single family dwellings (in house), also fire prntertinn Water from the well was first used beneficially under this permit number, for the above described purposes on (Do not report a date which is before the issued dale of this permit) Apri 1 28th ) r9( 20 5. 6. The pumping rate claimed is 20 gallons per minute. The average annual amount of water diverted is 4 acre feet. 7. The land area irrigated (watered) by water from this well is: 24,000. (Number) described as: oras Senor MPsa Fxpr>lptinn 8. UAcres or. Square feet, (Legal Description) Subdivision Lot(s) 4 & 9 Block n/a Filing/Unit n/a Well drilled by: CULL / /v S 7/2.4 / x.) Pump installed by: Samuelson Pump Co. , In 9. Meter Mfg. by Hays Serial No • 19903270 10. Lic. No: (p_? Lic. No: / 9 Date InstalledApri 1 29. 2000. I (we) have read the statements made herein, know the contents thereof, and state that they are true to my (our) knowledge. [Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury in the second degree and is punishable as a Class 1 misdemeanor.] Name/Title (Please type or print) Signature `7 Patrick M. Fitzgerald �R Dieter Sander l l .1 i _ 7/114i z FO'FFICE 144rONLY Accepted that the conditions of approval as stated on the well permit are complied with. State Engineer Court Case No. By Div. Co. WD Basin Date 5/1/00 (c77:(1 5-l6 Date MD Use -00 Clerk and Recorder Recording Information • WEST DIVIDE WATER CONSERVANCY DISTRICT APPLICA'T'ION FOR CHANGE OF OWNERSHIP Water Allotment Contract #: 9801 I5DS(c) Name of Contract Holder: DIETER AND CARINA SANDER (IAT 2) MICI IAEL AND 1 LIZABETl1 MAR'l'IJCCI (LOT 4) Name and Addrss of Assignee: DIETER AND CARINA SANDER PATRICK M. FITZGERALD 204-1 P. O. BOX 1330 fel;.01S C" `�I�r GLENWOOD SPRINGS, CO 81602 Amount of Water Assigned in Acre Feet: 4 Legal description of parcel where well is located: LOTS 2 AND 4, SENOR MESA EXEMPTION, GARFIELD COUNTY, COLORADO Contract # 980115DS(c) MapID# 271 Date Activated 1/22/98 Date: l e C`k a li i, l? Recording Information of Memorandum of Water Allotment Contract: Recording Information of Prior Water Allotment Contract: County: GARFIELD Book: 1081 County: GARFIELD Book: 1 122 Reception No.: 529795 Page: 487 Reception No.: 543090 Page: 530 The undersigned Contract Holder and Assignee do hereby give notice to and make application to West Divide Water nservancy District for the assignment of the above described Water Allotment Contract. By signing this instrument, Assignee hereby agree to assume and be bound by the terms and conditions of said Water Allotment Contract a all addenda and exhibits thereto. It is understood that Contract I Wider is released from perlormance under said contract to the extent that such performance has been hereby assumed by Assignee. Signed the da firs appearing ab . Contract Holder DIETER SANDER Assignee /d', 3 MICHAEL - ; ' TIJCCI rf 7 f 'Ct ,�- DIETER SJtNDER Assignee P RIC hI " .TZGE ALD t STATE OF,72 r . D ) ) ss. COUNTY OF pp 1 la The foregoing instrument was acknowledged before me on this �7I e-r'e>r Saab Witness my hand and official seal. ._ Contract holder CARINA SANDER Contract Hold Assignee ELIZAB► H MARTUCCI My got3liat>i1i ,nin ies: Hotchkiss, Co My Commission Expires October 2 2002 STATE OF l.' (.1/ c, ,^, t (1 ) ) ss. COUNTY OF .1)\) � rl._ ) /1 The foregoing instrument was Witness my hand and official seal. My commission expires: !7 CARINA SANDER day of Apt./ / , 2000, by Notary Public maw - acknowledged before me on this / day of AI, �� , 2000, by Ist&Bridge Streei Hotchkiss, CO My commission Expires- / July 14, 2001 a x �. 1� G z. 1 Notary Public • STATE OF (20 -t --(1:i)) .E) ) ss. COUNTY OF by The foregoing instrument was acknowledged before me on this_21±Zily of ./4 Lifte_ac kie , 2000, ) Witness my hand and official seal. My commission expires: Notary Public rtp'-' • NOTARY PUBLIC ' 7)rado . is 04/17/2000 APPROVED BY WEST DIVIDE WATER CONSERVANCY DISTRICT ..... ce iliPresident 47, 6 77 4 Date After recording return to West Divide Water Conservancy District, P. 0. Box 1478, Rifle, CO 81650-1478 1 111111 111111 111111 11111 1111 111111 111111 111 1111111111111 543090 04/01/1999 03:21P 81122 P530 M ALSDORF of 1 R 6.00 D 0.00 GARFIELD COUNTY CO 4111 ConLtdct # 9801fl1)S(h) M.11/ ID # 71__� DdLe Ac. 1.1vaL,rJ 1/22/98 WEST DIVIDE WATER CONSERVANCY DISTRICT APPLICATION FOR CHANGE OF OWNERSHIP Water Allotment Contract #: Date: 980115DS(b) Name of Contract Holder: Name of Assignees: Dieter and Carina Sanderde(Lo Elizabeth Martucci Lot 4Lt-211 Michael and Mailing Address of Assignees: 0142 Peachblow Lane Basalt Colorado •1 ' 1 Amount of Water Assigned: 4 of 2 of to Sand r• 2 of Legal description of parcel where well is located: Lot M2 randC4� Senor Me 'a Exem.tion Garfield Count Colorado Recording Information of Memorandum of Water Allotment Contract: County Garf iel d Reception No. 529795 Book _ l O Page _ 487 The undersigned Contract Holder and Assignees do hereby give notice to and make application to West Divide Water Conservancy District for the assignment of the above described Water Allotment Contract as set forth above. By signing this instrument, Assignees do hereby agree to assume and be bound by the terms and conditions of said Water Allotment Contract and all addenda and exhibits thereto. It is understood that Contract Holder is released from performance under said contract to the extent that such performance has been hereby assumed by Assignees Signed/t.he date ,-fz'rst appearing above. (_ Dieter Sander, Contract Holder Carina SanderAssignee STATE OFI0 ()(ado ) COUNTY OF � ; ) ss. -14 The foreg9ing instrument c. .. 0 Witness my hand f1 4� ' It O T4N'I':E OF 1 i?ii% 00,11:-.TIOUNifY OF `� i 8L fletliS <.s 1 Mli.shael Martucci, Assignee .4 r El ' 2..beth Mar r_r Assignee Assignee 1/14) was acknowpdged, 19 i b r ' Y and official seal. my.commissionr No/t"ary Public / SS. fore Xpi-res :12/04/2002 The foregoing instrument was day of6i-• ► ti.1, , Witness my hand and official seal. acknowledged before ) 'l 19ti by me on c Q My commission expires: ?, Notary Publ c APPROVED BY WEST DIVIDE WATER CONSERVANCY DISTRICT President Date 12.j 7 t_ t L L Rev. 8/26/97 CURRENT 1/1/98 • Contract No. Map 18 No. bate Activated APPLICATION AND DATA FORM TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT 980115DS(a) 271 1/22/98 A. APPLICANT Name Dieter Sander Address 0142 Peachblow Lane, Basalt, Colorado 81P.21 Telephone Number 970 / 927 - 3127 Authorized Agent or Representative self B. WATER RIGHT OWNED BY APPLICANT OR BEING APPLIED FOR Name of Right Type of Structure or Right Well Location of Point of Diversion (description from decree or permit) aa 5, T,5S,I1gnW, . M f:arfi�ir� r�,,,1n1.y, Colorado 1324 feet S of N -bine and 1825 feet W _af F i ne „f S35 Water Court Case No. Well Permit No. 167517 C. INTENDED USE OF LEASED WATER Location of Area of Use (Include complete and accurate legal description of property on which water right is to be used. May be attached as Exhibit A) • Lots 2 and 4 of Senor Mesa Exemption Copy of Plat is attached ;ia ► C P� j ,a Total Acreage 29.9 '21hn\ Description of Use Domestic, fire protection, irrigation of home gardens and lawns and watering of domestic animals Total Number of Dwelling Units 4 Number of Constructed Units Number of Vacant Lots 2 Potable Water System well Waste -Water Treatment System septic Type of Meter or Measuring Device Projected Monthly Volume of. Leased Water Needed in Gallons: THESE FIGURES ARE ACTUAL DIVERSIONS OR (Actual diversions mast be used unless contractee has an augmentation plan) Jan. Feb. Mar. Apr. May June. Nov. July Aug. Sept. Oct. Dec. ,4 Annual Total Gallons Acre Feet X L\ Maximum Instantaneous Demand 20 gpm CONSUMPTIVE USE ONLY D. OTHER REMARKS We are applying to have the existing exempt well permit expanded to provide a legal water supply for a single • family home and a guesthouse on each of,the two above lots. Date January 15, 1998 / Applicant (G._ Applicant 1 is w centennial tslag., 1313 Sherman 5t., Uenver, Colorado 80203 (303) 868-3581 • APPLICANT TRUST OF P WILLIAMS 0981 245 R D NEW CASTLE CO 81647 PERMIT TO USE AN EXISTING WELL. WELL PERMIT NUMBER 167567 DIV. 5 CNTY. 23 WD 39 DES. BASIN Lot: Block: Filing: Subdiv: LIC MD APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NE 1/4 Section 35 Twp 5 S RANGE 90 W 6th P.M. DISTANCES FROM SECTION LINES 1500 Ft. from North Section Line 1370 Ft. from East Section Line 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 iss permit does not assure the applicant that no injury will occur to another vested water right or precli 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 and Pump Instal 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Construction and Pump Installation Contractors in accordance with Rule 17. 3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) for the use of an existing well, constructed under I 18029, and as the only well on a tract of land of 35.1 acres described as that portion of the NE 1/4 Twp. 5 South, Rng. 90 West of the 6th P.M., Garfield County, being more particularly described on tt exhibit A. 4) The use of ground water from this well is limited to fire protection, ordinary household purposes ins single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns and tt of domestic animals. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The return flow from the use of this well must be through an individual 7) well shall be constructed not more than 200 feet frorn the location specified on this permit. uance of the ude another lation Rules Water Well Ile no. MH - of Sec. 35, ie attached ide two (2) e watering non -evaporative type where the water is retumed to the sante stream system wastetem This in which the well is located. of the 9 L I!-,5- �r DIVISION D PPROVED JD2 dte Stade Enpineet Receipt No. 0326188ADABy TE ISSUED NOV 3 0 1992 EXPIRATION DATE NOV 3 OM/ 2,_ 0 1994 R88W 6400 l� AREA A 1241 NEW CASTLE 1 1 4 8000 GLENWOOD SPRINGS 24 7 5 S T6S 24 \ 19' AREA A ",� 1, 1 ► 1 _ 1_• 71 O 96 800 LOT 1 1.Z48,2M .+ ft. 110.77 AC. +/- EXISTING ROAD (APPROA) SECWON 1RPoGAfNry 01701 •J (LOCA 110N APPROX) 3 ,1w E 17.31 II,i a E niter 4 LOT 2 smsti SUS Ac. % LOT 3 13AC. 4/ X PT AA.1l3x uir/fY .wo irlr r WEN= C IMMO MUD 3I Sal_sr It LOT4 1.40*433 .4. It U173 Ac +/-- IIo 14 " 1• 1' 4\-/ s3s TS?qa 1G _31111' E / • zl (1 Cil 011 w1 vl k'1 PARCEL r JJA4 POP 110#1s L E Ttk OftINT ' 1�WO IS Murnemr IV ».otr iM'SM AI SIOIMI a K t pfy►i►al PEAT mom= As Ktrim stk. ions: N N30'46r' w r7 FT. 'WA rmfor£ EAs]/LNT AND 20 FT 412. EASEMENT AS SHORN ON MLLLAMS 7RLLST EXEUPDON PEAT REC NQ J3 312 • A tic A "roast ...{-ait-ilii- 1, • .a, 1 N 19;w'Ir w E w 1.1 ws .JRRENT 1/1/98 Contract. # 9 8 011.5 D S (j ) Map ID# 271 Date Activated 1/07/98 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT/LEASE Name of Applicant: Dieter Sander Quantity of Water in Acre Feet: '4'4/4 4i 4 I Jc Applicant, hereby applies to the West. Divide Water Conservancy District. of Colorado. organized pursuant to and existing by virtue of C.R S. 19/3, §37-4b 101, Lhe "District") for an allotment contract/lease to beneficially and perpetually use wat hereafter acquired by the Dist.rict.. Ry execution of this contract/lease and the attached Lo the following terms and conditions: a political subdivision of the State et seq.. (hereinafter referred to as er or water rights owned, leased, or application, Applicant hereby agrees 1. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water. wthich wi11 be supplemented and augmented by water leased herein. if Applicant intends to divert ough a well. it must be understood by Applicant that no right to divert exists unt.il a valid well permit is obtained from .he Colorado Division of Water Resources. 2. Quantity: Water applied for by the Applicant in the amount. set forth above shall be diverted at. Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer (luring periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre feet per year of storage water owned or controlled by the District. it. is understood that any quantity allotted from direct flow. storage or otherwise, to the Applicant by the District. will be limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant lolly complies with all of the terms and conditions of this contract/lease. the District and the Applicant- recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant. may be dependent on the consent. of the Colorado River Water Conservation District. If at any time the Applicant deter'rnines it, requires less water than the amount herein provided. Applicant may so notify the District in writing. and the anoount of water allotted under This contract/lease shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and location of Renef ic:ial lise: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: municipal, domPst.ic and related uses. or commercial (except to the extent. that. Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-01- 70-W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased. operated. or under Applicant's control. 4- Decrees and Delivery: Exchange releases made by Lhe District out of storage from Ruedi Reservoir and Green Mountain Reservoir, or other works or facilities of the District, or from other sources available to the District. shall he delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for 1 i other sources, and release or delivery of water at such outlet or points shall constitute performance of the District's � total obligation. Delivery of water by the district from Ruedi Reservoir or Green Mountain Reservoir shall be subject to the District's lease contracts with the United .States Bureau of Reclamation. Releases from other facilities available to District shall be subject Lo the contracts. laws. rules. and regulations governing releases therefrom.- Furthermore. the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert, to Lhe water supplies of the District. Such reversion shall not. entitle Applicant to any re(((nd of payment, made for such water Water service provided by the Dist.rict shall be limited Lo the anxrunt of water available in priority at. Lite original point of diversion of Lhe District's applicable water right. and neither the District. nor those entitled to utilize the District's decrees. may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted 1'om this amount in each case. 5. Alternate Point of Diversion and Plan of Augmentation: Decrees fur alternate points of diversion of the 1)1st.rict's water rights or storage water may he required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant.. The District reserves the right td review and approve any conditions which may be attached Lo judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicarnt acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein. and further 11 ees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing s and facilities necessary to obtain/divert, the waters at said alternate point of diversion and deliver ' Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments Lo the District based upon the amount of water allotted under this contract/lease. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant, hereunder. the Applicant shall give the Districa, written notice of such intent. In the event the Applicant develops and adjudicates its own augrrrc,nl.at.iori plan Lo 01111/0 the water allotted hereunder. Applicant. shall not be obligated to pay any amount under Paragraph 18 below. irr any event. the District shall have Che right to approve or disapprove the Applicant's augmentation plan and the Applicant. shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract/lease Payment: Non-refundable one time administrative charge. in the amount determined by the Board of Directors of the District. from time to t.ime, shall be submitted with the application for consideration by Lhe District. Annul payment for the water service described herein shall be determined by the Board of Direct.ors of Lhe District. The initial annual payment shall be made in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant.. among other things, of the water delivery Y Year to which the initial payment. shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each ary 1. If an annual payment is not made by the due date a flat 450 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail, return receipt requested, to the Applicant- at such address as may be designated by the Applicant. in writing or set forth in this contract/lease or application. Water use for any part of a water year shall 2 dire payment for the entire water year. Nothing herein shall be construed so as to prevent the District. from -adjusting J 9 the annual rate in its sole discretion for future years only. If payment. is not, made within District's sole option have no further right, Li may be immediately curtailed. The allotment of aL the discretion of the Board of Directors of fifteen (15) days aitter the date of said written notice, Applicant t.le or interest under Lhis contract/lease without further notice. and water. as herein made, may be transferred. leased. or otherwise dis the District.. shall at delivery posed of Upon cancellation of this water allotment contract/lease with the District, the District shall notify the Division of Water Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use. /. Additional fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder, including. but not limited to, reimbursement of legal and eng neering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. B. Assignment.: This contract/lease shall inure t.o the benefit. of the heirs. successors or assigns of the parties hereto. Any assignment of the Applicant's rights under this contract/lease shall be subject to, and must comply with, such requirements as the District may hereafter adopt regarding assignment of contract/lease rights and the assumption of contract/lease obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment contracts/leases_ No assignment 1 be recogni,ed by the District. except. upon completion and filing of proper forms for change of ownership. �1 Upon the sale of the real property t.o which this contract/lease pertains, Applicant has a chrt.y Lo make buyer aware of this contract/lease and proper forms for change of ownership must be completed. 9. Other Rules: Applicant shall be bound by the provisions of Lhe Water Conservancy Act of Colorado; by I.he rules and regulations of the Board of Directors of the District, and all amendments thereof and supplements thereto and by all other applicable law. 10. Operation and Maintenance Agreement: Applicant. shall enter into an "Operat.ion and Maintenance Agreement" with the District under terms and conditions determined by the board of Directors of the Distric:L. it and when. the Board of said District. determines in its sole discretion that such an agreement is required. Said agreement, may contain. but shall not be limited to. provisions for additional annual monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance costs: or for other costs to the District which may arise through services made available to the Applicant.. 11. Change of Use: the District reserves the exclusive right to review. reapprove or disapprove any proposed change in use of the water allotted herernuler. Any use other than Llrat set forth herein or airy lease or sale of the water or water rights allotted hereunder w11.houl. the prior written approval of the District. shall be deemed to be a mat.eria1 breach of this contract:/lease. 12. Use and Place of Use: Applicant agrees 1.o use the water in the manner aril on the property described in the documents submitted t.o the District at the time this contract/lease is executed, or in any operation and maintenance 4110 Bement provided by Applicant. Any use other than as set forth thereon or any lease or sale of Lhe water or water rights ?in, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. 3 1110 13, Title: It is understood and agreed that nothing herein shall he interpreted to any equitable or legal fee title interest in or to any water or water rights referred to herein. give the Applicant 14. Conservation: Applicant shall use cornrncxrl.y accepted conservation practices with respect to the water and water rights herein. and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restric(.ions. Applicant shall restrict actual diversions Lo not exceed the Contract/Lease amount. which provides water (on the formula of one acre loot per dwelling) for ordinary household purposes inside one single family dwelling. the watering o1 domestic livestock, fire protection, and the irrigation of up to 6,000 square feet of lawn and garden. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant's dornest.1c animals not. to be used for conwnercia1 purposes unless Applicant obtains approval from the Colorado Division of Water Resources for conrnercia1 use/livestock watering at a horse boarding facility. provided that in no event shall actual diversions exceed the amount of water provided by this Contract/lease. III16. Well Permit.: 1f Applicant. intends to divert through a well. then Applicant must provide to District copy of Applicant's valid well permit. before Dist,rict is obligated to deliver any water hereunder. 11. Measuring Device or Meter: Applicant agrees to provide at. its own expense an adequate measuring device or meter to continuously and accurately measure al. all times all water diverted pursuant to the terms of Apf;Ilicant's water right and the terms of this contract/lease. Applicant agrees to provide accurate readings from such device Or meter to District open District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. 18. Representations; By executing this contract/lease. Applicant agrees that it is not relying on any legal or engineering advice that. Applicant may believe has been received from the District. Applicant further acknowledges that it. has obtained all necessary legal and engineering advice from Applicant's own sources other than Lhe District. Applicant further acknowledges that. the District makes no guarantees. warranties, or assurances whatsoever about the quantity or quality of water available pr.Irsuant to this c:ontrac1/lease. Should the District be unable to provide the water contracted for herein, no damages may be assessed against. the District_ nor may Applicant obtain a refund from the District. 19. Costs of Water Court filing and Augmentation Plan: Should the District. in its own discretion, choose to include Applicant's contract./lease herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District. when assessed an additional fee represent.ing the District's actual and reasonable costs and fees for Applicant's share of the proceedings. 20. Binding Agreement: This agreement. shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application and Data Form to Lease Water from West. Divide Water Conservancy District" IIIlly completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be corporated into the terms of this agreement. Violation of this paragraph 15 shall be deemed to be a material breach of this Contract/Lease. 4 • 21. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANI TO ()E1TAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WAFER ACQUIRED UNDER [HIS CONTRACT/LEASE. Il IS THE CONTINUING DUTY OF THE APPLICANT TO MAINIAIN IDE VAI 101 JY OF THE WILL PERMl1 OR WATIR RIGHT INCIUDING FILING 1OR EXIFNSIONS OF PERMITS. I'LING WELL COMPLETION REPORTS. FILING STATEMFNIS Of RINFIICTAI IJST, OR 0111IRWIST. 1AWFDI.IY APPIYING THE WAIFR 10 BENEFICIAL IJSE ON A REGULAR BASIS WITIN)U ASTE. Applicant: 2 Applicant: Applicant address: 0142 Peachhlow Lane, Rasa1t, Colorado 81621 STAIF OF COLORADO ) ss. COIJNIY Of GARFIEI.D ) The foregoing instrrnrnent was acknowledgedbefore me on this 1c:j141 day of .3c' r 101 t.T? R S(Akt R Witness my hand and official seal My commission expires: • MY COMMISSION EXPIRES SEPTEMBER 26, 2000 ORDER Notary Public 1998, by After a hearing by the Board of Directors of the West Divide Water Conservancy District on the application. it is hereby ORDERED that said application be granted and this contract/lease shall be and is accepted by the District. WI51 I)IVII)I WAIF0 CONSERVANCY DISIRICI A11ES1: President Secretary 1 Date This contract/lease includes and is subject to the terms and conditions of the following documents which must accompany this contract/lease: • 3 Map showing location of point of diversion (use map provided) Application and Data Form fully completed and signed) 5 • PROPOSED COVENANT AMENDMENT • • • • • PROPOSED COVENANT AMENDMENT Lots 1, 2 and 4 may each be developed with a primary residence and a second detached dwelling unit, or at the option of the owner, an additional dwelling unit may be developed as an integral part of the primary residence. Such development in either case is subject to Garfield County approval. Lot 3 is presently developed with two separate dwelling units and may have no other dwelling units. No lot may have more than two dwelling units.