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HomeMy WebLinkAbout1.0 ApplicationBuilding and Planning Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
LAND: USE CHANGE PERMIT
APPLICATION FORM
TYPE OF APPLICATION::.:
.11. Administrative Review
❑ Limited Impact Review
❑ Major Impact Review
❑ Amendments to an Approved LUCP
❑LIR ❑MIR 1:1 SUP
❑ Minor Temporary Housing Facility
❑ Vacation of a County Road/Public ROW
❑ Pipeline Development
❑ Location and Extent Review
❑ Development in Floodplain
❑ Designation of Flood Fringe/Floodway
O Rezoning
❑ PUD Zoning
O Land Use Code Text Amendment
O Appeal of Administrative Interpretation
O Comprehensive Plan Amendment, Minor
O Comprehensive Plan Amendment, Major
O 1041 Regulations
O Variance
NVOLVEO..PARTIESt..'
Owner/Ap licant
Name: Q:1
i�-���
Phone; ( '�-
it Mailing Address: (5044 e �,u(,+9 2-3-3
City: LY
State: Co Zip Code: 3kto 2
E-mail: LZ3 ea' C-1t-ttltL
Representative (Authorization Required)
Name: V-ZU.Ay GAV5 Phone: ( ono,
Mailing Address: 52-3 U rc
City: C i L1{1 (Zl NG)S State: LD Zip Code: E5t Loo )
E-mail: 1L LL -5-j' .ST L90-) 'f.DM
PROJECT NAME AND LOCATION
Project Name: -- ------ - - - —
bum* u-rooz
Assessor's Parcel Number: ` - 3 9 - o_ - 0 0 -0
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Physical/Street Address: [� `� � LT [ F -)1(s5?- /L' -4t12-2-33
Legal Description: Lar 1 �T �j i 1 )I45tt Lo �R�[.t 4 Yti , ice. FLr•IC���� 2
OF •T -tom (0 -lam PIA Of at AF- [ t u elatEcn ,
Zone District: U i.l C,+0L3n� Property Size (acres): 52--
tr2=
V- t UM
of- co
glL
Project Description
Existing Use:
Proposed Use (From Use Table 3-503): Pc'i>L
Description of Project:
REQUEST FOR WAIVERS'
Submission Requirements
Cl The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:
Section: Section:
Section: Section:
Waiver of Standards
0 The Applicant is requesting a Waiver of Standards per Section 4-117. List:
Section: Section:
Section: Section:
I have read the statements above and have provided the required attached information which is
correct and accurate to the best of my knowledge.
-Fee-01
�I 2
-�)41---
Signature Property Owner Date
OFFICIAL USE ONLY
File Number: _ _ _ Fee Paid: $
rockfall areas, radiological and seismic hazard areas, soil types and landslide
areas; vegetative cover; dams, reservoirs, excavations, and mines; and any other
off-site features of the same type that influence the development.
e) Existing and proposed parking areas, driveways, emergency turn -outs and
emergency turnarounds, sidewalks and paths, shown by location and dimension.
f) Existing and proposed roads, railroad tracks, irrigation ditches, fences and utility
lines on or adjacent to the parcel, shown by location and dimension.
g) Uses and grantees of all existing and proposed easements and rights-of-way on or
adjacent to the parcel, shown by location and dimension.
h) Area of the individual parcels, and the total square feet of existing buildings,
driveways and parking area.
i) Zone district in which the site is located.
j) Location and dimension of all structures, existing and proposed, and distance of
structures from property lines.
k) Elevation drawings showing existing grade, finished grade, and height of the
proposed structures above existing grade.
I) Description of the proposed wastewater treatment system, including location and
size of leach field, sewer service lines, and treatment facilities to serve the
proposed use.
m) Description of the source and capacity of the water supply, including location and
size of well(s) and/or water lines to serve the proposed use.
n) Location and size of signs for the purpose of identification, advertising and traffic
control.
o) Additional information that may be reasonably requested by the Director to enable
an adequate evaluation of the proposal.
6. Submit a copy of the Pre -Application Conference form from the original Pre -Application
Conference.
7. Submit 3 hard -copies and one digital copy of all the required submittal materials to
the Building and Planning Department. Staff will request additional copies once the
application has been deemed technically complete. All digital documents shall be
in .pdf form and should be separated into sections identical to the hard -copy.
11. Administrative Review Process
The following section outlines and describes the Administrative Review process for the
variety of uses that are governedby the Board of County Commissioners by the Unified
Land Use Resolution of 2008 (ULUR). Please refer to Section 4-401 of Article IV in the
regulations themselves for a higher level of detail. [The following process is required for
applications for land use changes that are subject to Administrative Review as defined in
Table 3-501 or 3-502 in Article III.]
A. Outline of Process. The Administrative Review process shall consist of the following
procedures which are more fully described in Sections 4-401 and 4-104 of Article IV:
1. Pre -Application Conference (Section 4-103(A))
2. Application (4-103 (B))
3. Determination of Completeness (4-103 (C))
4. Evaluation by the Director/Staff Review (4-103 (E))
5. Decision by Director
1 have read the statements above and have provided the required attached information
which is correct and accurate to the best of my knowledge.
(Si
na
-
ure o • roperty Owne, Date
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 a Payment Agreement 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 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.
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
BASE FEES
TYPE OF LAND USE ACTION
Vacating Public Roads & Rights -of -Way
Sketch Plan
Preliminary Plan / Conservation Subdivision
Preliminary Plan Amendment
Final Plat
Final Plat Amendment / Correction Plat
Combined Preliminary Plan and Final Plat
Minor Exemption 1 Amendment
Major Exemption 1 Amendment
Rural Land Development Option Exemption / Amendment
General Administrative Permit
Floodplain Development Permit
Pipeline Development Plan / Amendment
Small Temporary Employee Housing
Minor Temporary Employee Housing
Limited Impact Review / Amendment
Major Impact Review / Amendment
Rezoning: Text Amendment
Rezoning: Zone District Amendment
Planned Unit Development (PUD) / Amendment
Comprehensive Plan Amendment
Variance
Interpretation
Takings Determination
1041: Areas & Activities of State Interest
Planning Staff Hourly Rate
■ Planning Director
• Senior Planner
■ Planning Technician
• Secretary
BASE FEE
$400
$325
$675 + application agency
review fees and outside
consultant review fees, as
authorized pursuant to the
Regulations, such as the
Colorado Geologic Survey
$325
$200
$100
$1,075
$300 f $300
$4001$300
$4001$300
$250
$400
$400 / $300
$50
$250
$400 / $300
$5251$400
$300
$450
$5001$300
$450
$250
$250
NO FEE
$400
$50.50
$40.50
$33.75
$30.00
County Surveyor Review Fee (includes review of Amended Determined by Surveyor$
Plats, Final Plats, Exemption Plats)
Mylar Recording Fee $11 — page
$10 each additional page
Page 2
The following guidelines shall be used for the administration of the fee structure set
forth above:
1. Al! 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.
Page 3
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
PAYMENT AGREEMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and Cafatt6
Property Owner (hereinafter OWNER) agree as follows:
1. OWNER has submitted to COUNTY an application for -r'[
(hereinafter, THE PROJECT).
2. OWNER 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. OWNER 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. OWNER agrees to make payment of the Base Fee,
established for the PROJECT, and to thereafter permit additional costs to be billed to
OWNER. OWNER 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, OWNER shall pay
additional billings to COUNTY to reimburse the COUNTY for the processing of the
PROJECT mentioned above. OWNER 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.
PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE)
I hereby agree to pay all fees related to this application.
Print Name
Mailing Address: (.004# C? 23-3
E -Mail Address:
Phone Number:
Signature
LX, LO
&MAUc.• M
'I- a7-)443_
Page 4
Date
GARFIELD COUNTY
Building 8 Planning Department
108 8n' Street, Suite 401
Glenwood Springs, Colorado 81 601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield-county.com
GENERAL ADMINISTRATIVE PERMIT
GENERAL INFORMATION (Please print legibly)
➢ Name of Property Owner: L iaL C• I5L7
> Mailing Address: L.(t)41-4- CV.— 233 Telephone: (Ot1)
• City: 51 Lt
• E-mail address: i- 1EX C eiAtii L. (.UN) FAX: (_)
State: Ch Zip Code:S! f 5`Z Cell: ( 6)70 )S7(1)---F-Ya
• Name of Owner's Representative, if any, (Attorney_, Planner, Consultant, etc):
• Mailing Address: Telephone: (010 4745- 2441
• City: C:,ir !D PPSNEState: CC) Zip Code:Si t Cell: ( )
E-mail address: 1L 6T (ft11). FAX: (.170) 6145 -fib
• Requested Use from Table 3-501 or 3-502: kVAL lAA
• Street Address / General Location of Property: t 2 i CV_ 2.zei
b044 2-33 N s1 tc52-
• Legal Description: IZT 1 , T DN 5 ,—TLUt,Lk#1 P .L r` TH , ZIV-l
C12 MT Vc- (h PH G (f F U)c ITS { . ftwefkw
• Assessor's Parcel Number: 2 j J. /2
Existing Use:
• Property Size (in acres) Zone District: U I. -0k
IAlvl)
Last Revised 92/29/08
PAYMENT AGREEMENT FORM
GARFIELD COUNTY ("COUNTY"} and Property Owner ("APPLICANT') C-'-C-F.,
agree as follows: '
1. The Applicant has submitted to the County an application for the following Project
OIKITA.k kroe._ -hArawnci
2. The Applicant understands and agrees that Garfield County Resolution No. 98-09, as
amended, establishes a fee schedule for each type application, and the guidelines for the
administration of the fee structure,
3. The Applicant and the County agree that because of the size, nature or scope of the
proposed project, it is not possible at this time to ascertain the full extent of the costs
involved in processing the application. The Applicant agrees to make payment of the Base
Fee, established for the Project, and to thereafter permit additional costs to be billed to the
Applicant. The Applicant agrees to make additional payments upon notification by the
County, when they are necessary, as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioners for the
consideration of an application or additional County staff time or expense not covered by
the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay
additional billings to the County to reimburse the County for the processing of the Project.
The Applicant acknowledges that all billing shall be paid prior to the final consideration by
the County of any Land Use Change or Division of Land.
I hereby agree to pay all feesrelatedto this application:
Owner/Applicant Name: eE. - F3 nem Phone: (q 7O) -�
Mailing Address: IS1 A— C �
City: '51 LI-- State: C:0 _Zip Code: 'S I Q!S'2—
E-mail: K-F5POLEV3 Mrh L' 0
(Signature
(Date)
GARFIELD COUNTY
Building & Planning Department
108 8m Street, Suite 401
Glenwood Springs, Colorado 81841
Telephone: 970.945.8212 Facsimile: 970.384.3470
www,garfield-count .corn
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Glenn Hartmann
PRE -APP DATE: June 8, 2012
PROJECT: Bagley Accessory Dwelling Unit (ADU) PARCEL: 2179-051-00-040
OWNER: Charles Bagley, George Bagley, Dorothy Bagley ZOING: Rural
COMPREHENSIVE PLAN: Town of Silt Urban Growth Area
REPRESENTATIVES: Kelly Cave, Esq.
PRACTICAL LOCATION: 1211 County Road 229, Silt, CO 81652
TYPE OF APPLICATION: Administrative Review for Accessory Dwelling Unit
I. PREAPPLICATION TOPICS
GENERAL PROJECT DESCRIPTION
The Applicants property is located northwest of the Town of Silt at the intersection of
County Road 229 and 233. It is 52 acres in size. The property is currently under review for
a major subdivision exemption to subdivide the property into four Tots. As part of the
exemption review it was noted that on proposed Lot 1, two dwelling units currently exist. A
series of County approvals including a Special Use Permit for a Mobile Home and
Subdivision Exemption were granted for the property. The exemption approval never was
acted on in terms of creation of a plat or conveyance of property. The mobile home unit
apparently was placed on the property.
Concurrent review of a new Accessory Dwelling Unit (ADU) Application along with the
proposed new four lot Subdivision Exemption is one means for bringing the property into
overall compliance with the Unified Land Use Resolution of 2008 as amended.
The ADU proposal will need to demonstrate compliance with the General Administrative
Permit requirements and submittals. Infrastructure for the units while in place will need to
demonstrate compliance with the code unless waivers are requested. One of the two units
will need to be designated as .the ADU and will need to comply with specific code
provisions related to ADU's (Section 7-801) including a maximum size of 1500 sq.ft. The
ADU proposal should demonstrate consistency with the Subdivision Exemption application
including the legal and physically adequate supply of domestic water.
UNIFIED LAND USE RESOLUTION STANDARDS
The Rural Zone District provides for an Administrative Review process for Accessory
Dwelling Units. The Unified Land Use Resolution includes ADU criteria contained in
Section 7-801 (see below).
SECTION 7-801 ADDITIONAL STANDARDS APPLICABLE TO AN
ACCESSORY DWELLING UNIT.
A. Maximum Floor Area.
The gross floor area for residential occupancy shall not exceed 1500 square feet.
B. Compliance with Covenants and HOA Approval Requirements.
The Accessory Dwelling Unit shall be allowed by Covenants or approved by the Home
Owner's Association, as applicable.
C. Ownership Restriction.
An Accessory Dwelling Unit shall be restricted to leasehold interest in the dwelling
unit and shall be for residential use only.
D. Compliance with Building Code.
Construction shall comply with the standards set forth in this Code and with Building
Code requirements.
E. Minimum Lot Area.
2 acres or twice the minimum lot size for zone districts with a minimum lot size less
than two (2) acres.
F. Entrance to Dwelling Unit.
A separate entrance to the accessory dwelling unit shall be required.
COMPREHENSIVE PLAN 2030
The site is located within the Silt Urban Growth Area as shown on the Garfield County
Comprehensive Plan 2030. The Town of Silt, Future Land Use 2011 Map shows the
property in an "Agricultural/Rural Residential Reserve" classification.
ADDITIONAL PRE -APPLICATION TOPICS
The preapplication discussion included items such as submittal requirements, public notice
requirements, procedural steps, scheduling and timing issues. A list of property owners
2
within 200 ft. will have to be provided and said owners will receive public notice of the date
set for the Director's Decision. Information on mineral rights ownership on the site will also
be required and owners of mineral rights will also receive public notice. The Application will
need to address provisions of Article VII including demonstration of a legal and physical
supply of water and mitigation of any hazards evident on the site. The Applicant may
request waivers from some provisions of Article 7 pursuant to the introductory paragraph to
Article 7 found on page 7-1 of the ULUR.
Some efficiency reviewing the applications concurrently is anticipated such as site plan
requirements to include information on the septic system, water lines, existing well, utility
services and easements. The site plan will need to provide information on the driveway
and parking areas. The Application should also address if there are any covenants or
private restrictions on the property that would impact the owner's ability to create an ADU.
Explanation/confirmation on the history of how the two units carne to be located on the site
will also be helpful.
REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS
• Garfield County Comprehensive Plan 2030 as amended
• Garfieki County Unified Land Use Resolution of 2008 as amended
o Article 111, Zoning
• Rural Zone District - Lot/Building Requirements (Section 3-202)
and Use Tables (3-501)
o Article IV, Application and Review Procedures
• Administrative Review Process (Section 4-104)
• Application Materials (Section 4-501 (A))
• Description of Submittal Requirements (Section 4-502 (C) (1, 2, 3)
o Article VII, Standards
• General Approval Standards for Land Use Change Permits
(Division 1)
• General Resource Protection Standards for Land Use Change
Permits (Division 2)
• Site Planning and Development Standards (Division 3), as
applicable including off-street parking.
• Additional Standards Applicable to An Accessory Dwelling Unit
(Section 7- 801)
o Article XVI, Definitions
• Definition of Accessory Dwelling Unit (Section 16-101)
ADMINISTRATIVE REVIEW PROCESS
In summary, the process will be the Following Administrative Review Process contained in
Section 4-104:
1. Pre -application Conference
2. Submittal of three copies of Administrative Application (Section 4-501 A)
a. Application Form and Fees
3
b. Vicinity Map (Section 4-502 (C) (2))
c. Site Plan (Section 4-502 (C) (3))
d. Assessors Map – showing ownerships
e. List of property owners within 200 feet and mineral rights owners of the subject
property (Parcel # 2181-064-00-056)
f. Additional requirements of Article VII (Divisions 1, 2, 3 and Section 7-801,
unless waived by Director)
g. Statement of Authority from owner if a representative is used
h. Payment Agreement Form
3. Review by staff for Technically Complete (TC) Status
4. If Technically Complete (TC) the Applicant will be notified, the request scheduled for a
decision by the Director, and additional copies requested for referrals. If Not
Technically Complete (NTC) the Applicant will be advised of the deficiencies.
5. Applicant completes public notice mailing by certified mail to adjacent property owners
within 200' and mineral rights owners on the property. The mailing is required to be a
minimum of 15 days prior to the Director's Decision (Section 4-104(A)(4)).
6. Staff prepares a report, public and referral comments are reviewed and the Director's
Decision is documented by letter as of the noticed date.
7. Director issues the Land Use Change Permit ten days following the Decision if no
appeals or requests for a call-up are filed.
II. APPLICATION REVIEW
a. Review by: Staff for completeness recommendation and referral agencies for additional
technical review
b. Public Hearing:
X Director
Planning Commission
— Board of County Commissioners
Board of Adjustment
c. Anticipated Referral Agencies:
Garfield County Road and Bridge
Garfield County Attorney
Burning Mountain Fire Protection District
Garfield County Environmental Health Manager
Colorado Division of Water Resources
Town of Silt
III. APPLICATION REVIEW FEES
a. Planning Review Fees: $ 250.00
b. Referral Agency Fees: $ na (Separate Check, see attached fee schedule)
c. Total Deposit: $ 250.00 (additional hours are billed at $ 40.50 /hour)
4
IV. GENERAL APPALICATION PROCESSING
Planner reviews the case for completeness and sends to referral agencies for comments.
Planner will contact the Applicant and set up a site visit. Planning Staff reviews application
to determine if it meets standards of review. Planner makes a recommendation of approval,
approval with conditions, or denial to the appropriate hearing body which in the case of
Administrative review is the Director of the Building and Planning Department. A call-up or
appeal process associated with the Director's decision is outlined in Section 4-104.
V. DISCLAIMER
The foregoing summary is advisory in nature only and is not binding on the County. The
summary is based on current zoning, which is subject to change in the future, and upon
factual representations that may or may not be accurate. This summary does not create a
legal or vested right.
VI. PRE -APPLICATION SUMMARY PREPARED BY:
Glenn Hartmann
Senior Planner
5
Date
Glenn Hartmann
From; Adams, Karlyn [Karlyn.Adams@state.co.us]
Sent: Wednesday, November 23, 2311 1:50 PM
To: Glenn Hartmann
Cc: Martellaro, Alan; Rubin, Edward
Subject: Dutch Major Subdivision Exemption Comments
Glenn,
We have completed a preliminary review of the Dutch Major Subdivision Exemption Application, however per the March
11, 2011 Memorandum to All County Land Use Planning Directors concerning the State Engineer's Recommendation for
Certain Land Use Actions, a physical adequacy review has not been completed. The applicant is requesting to divide, by
exemption, a 52 acre tract into four Tots. Lot 1 will be 20.5 acres, Lot 2 will be 6.6 acres, Lot 3 will be 12.7 acres, and Lot
4 will be 14 acres. The applicant proposes to use four wells to provide water to the four parcels, operating under well
permit nos. 1172, 30778, 47466 and 75024-F. All parcels would have individual septic systems; irrigation water is
provided through the Farmer's Irrigation Company and Silt Water.
Permit no. 1172 was issued on May 14, 1958. The use of the well is limited to domestic purposes as historically used,
not to exceed two single family dwellings, an acre of lawn and garden irrigation, and the watering of domestic animals.
This well will be located on Lot 1 and will be shared, per a well sharing agreement, with Lot 4. Permit no. 30778 was
issued on May 16, 1967. The use of the well is limited to stock watering purposes as historically used. This well will be
located and used on Lot 2.. Permit no. 47466 was issued on July 16, 1971. The use of the well is limited to domestic
purposes as historically used, not to exceed one single family dwelling, an acre of lawn and garden irrigation, and the
watering of domestic animals. This well will also be located and used on Lot 2.
Permit no. 75024-F was issued on May 2, 2011. The uses of this well are limited to fire protection, ordinary household
purposes inside one single family dwelling, the irrigation of not more than 6,000 square feet of home gardens and lawns,
and the watering of six domestic animals. This well operates pursuant to a contract with the West Divide Water
Conservancy District. DWR's records indicate that this well was constructed on September 24, 2011. No Pump
Installation Report has been received. For the applicant to maintain the validity of this permit, they must submit a Pump
Installation Report prior to the permit expiration date, May 2, 2012. This well would located and used on Lot 3.
So long as the applicant operates these wells within the confines of the permits and the well sharing agreement, this
office has no objections to this application.
Thank you for the opportunity to comment on this project, Please contact me at this office if you have any questions.
Sincerely,
Karlyn Adams
Water Resource Engineer
Colorado Division of Water Resources
1313 Sherman Street, Suite 818
Denver, CO 80203
(303) 866-3581 office
(303)866-3589 fax
1
Burning Mountains Fire Protection District
bunungpsItsf0@msti.com
Glenn Hartmann
Garfield County Building and Planning
I08 8th Street, Suite 401
Glenwood Springs, CO 81601
Reference: Dutch Major Subdivision Exemption
November 2, 2011
Glenn:
I have reviewed the referral request of Dutch Major Subdivision Exemption, file number MAGA-6931
and have the following comments for this proposed subdivision.
This subdivision is located 2.7 miles from the Silt fire station and takes approximately 10 minutes to
respond to this area of our fire district. In this specific area there is no year around water supply for fire
fighting, (fire hydrant with in 1000'). We would be responding with a minimum of two fire apparatus to
a structure fire in this area which would be bring 2,750 gallons of water for fire fighting. The minimum
water supply required by the International Fire Code 2009, B 1 05.1, is for one- and two-family dwellings
having a fire -flow calculation area that does not exceed 3,600 square feet shall be 1,000 gallons per
minute for 1 hour. IFC allows a fire flow reduction of 50% if the building is equipped with an approved
automatic sprinkler system.
NFPA 1142 Water Supplies for Suburban and Rural Fire Fighting gives a calculation for one- and two-
family dwellings based on cubic feet, hazard class, and construction type. Due to no information on
what size homes could be built on the lots NFPA 1142 gives no guideline for water supply.
Insurance Rating Services (ISO) uses 30,000 gallons of water as a minimum approved water supply to
help lower insurance rates for homes that are not within 1,000 feet of a fire hydrant.
Burning Mountains Fire will require 30,000 gallons of approved year around water storage for this four
Iot subdivision. This water supply can be reduced by 50% if homes (any new homes), are sprinkled with
an approved automatic sprinkler system. Year around water supplies shall be accessible by fire apparatus
and approved by the fire department. Access easement to water supply will also be required.
Fire department access roads shall be built to all weather driving surfaces and support the superimposed
weight of fire apparatus. Roads that supply more that residence based on location will be 20' in width.
Access roads that supply only one residence shall be a minimum of 14' of width. A fire truck
turnaround shall be installed if the access road is longer than 150' from main access road.
Please contact me with any questions or concerns.
Orrin D. Moon, Fire Marshal
President, Karen Maddafone-Cochran
Secretary, Kevin Erpestad
Director, John Moore Jr.
Fite Chief, Brit C. MGLin
Treasurer, Jim Voorhefs
Director, Megan Richards
Qp..cy3 • Lr
j �,,¢ 1850 Railroad Avenue
cr
Rifle, Colorado
81650
RIFLE
COLORADO
Phone: 970-625-1243
Fax: 970-625-2963
www. ri flof i redep t, org
Private Water Supply Systems
The adopted fire code for both the city of Rifle and Garfield County is the 2009 International Fire Code
(IFC)
1. All buildings require an adequate supply of water designated for fire fighting (IFC 507.1).
This water supply should be in place prior to construction and meet all other requirements of
IFC ( 507.5 & Appendix C —fire hydrants, Appendix D- fire apparatus access roads,...)
2. A Municipal water source is the most reliable and effective water source.
3. Fire Flow Requirements are based off Appendix B in the IFC- The minimum requirement for
a building of type IIIB construction and 14,000 square feet is 2,500 gpm for 2 hours =
300,000 gallons at 20 psi. This can be reduced by meeting the requirements of IFC B105.2.
4. IFC B 103.3 does allow the fire code official to utilize NFPA 1142 or the International Wild
land Interface Code in areas in which adequate and reliable water supply systems do not
exist,
5. The following two options have been allowed by the fire district in the past and can be
considered when all of the above is impractical. THE FOLLOWING CAN ONLY BE
ALLLOWED WITH WRITTEN APPROVAL BY THE FIRE PREVENTION DIVISION
AND MAY AFFECT THE FIRE DISTRICT'S ABILITY TO ADEQUATELY PROTECT
THE PROPERTY INVOVLED AND POSSIBLY INSURANCE RATES.
• The fire district has allowed in the past a minimum of 30,000 gallons of fire
protection water for subdivisions of 3 or more homes .A!I pipes, pumps,
cisterns, ponds, etc. must meet nationally recognized standards and be
maintained. System is to be in place prior to issuance of building permits. It
should be noted that this is the minimum amount of water necessary to meet
the Districts requirements and our ability to fight a fully involved structure fire
in these areas is limited.
• If it is impractical for any of the above to be implemented, a requirement of fire
sprinkler systems to be installed on all buildings can be implemented. This may also
required an approved fire alarm system.
6. Design of the water supply system should take into account future growth. Building size,
construction type and how close buildings are to one another could require an increase in
water supply or restrict what can be built in the future. In addition, any building that requires
a fire sprinkler system could increase the required storage and/or the need for code complaint
fire pumps.
7. A private water supply system has to be designed to meet all applicable codes. A stamped
engineered set of plans for the design of the private water system must be submitted and
reviewed by the fire prevention division.
8. A functional test of the system is required by the fire district prior to occupancy with the
design engineer, installer and owner /manager present.
COLORADO
1650 Railroad Avenue
Rife, Colorado
81650
Phone: 970-625-1243
Pax: 970-625-2963
www.riflefiredept.org
9. Private water supply systems shall be periodically inspected, tested and maintained according
to NFPA 25 (IFC 507.5). Docwnentation of the responsible party, the schedule and client
training shall be provided by the designer of the water supply system to the fire district.
10. Maintenance records shall be maintained by the owner for three years.
11. The fire district will schedule an annual functional test of the system with the owner or his
designee.
12. All water storage tanks shall have freeze protection.
November 3, 2011
Mr. Glenn Hartmann
Garfield County Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
MOUNTAIN CROSS
ENGINEERING, INC.
CIVIL AND ENVIRONMENTAL CONSULTING AND DESIGN
RE: Review of Dutch Major Subdivision Exemption: MAEA-6931
Dear Glenn:
N1 ' 4 2 :
This office has performed a review of the documents provided for the Major Subdivision
Exemption Permit Application of the Dutch Major Subdivision Exemption. The submittal was
found to be thorough and well organized. The following questions, concerns, or comments were
generated:
1. There is a well, Permit No. 30778, which is shown on Lot 2 that has no easement. The
application materials do not describe what is intended for this well. The Applicant should
identify the proposed use of this well, per Section 7-104 of the ULUR.
2. The application materials show evidence of irrigation rights but do not specify the intent of
how these are to be divided among the four proposed lots. The Applicant should address
their intent, per Section 7-104 of the ULUR.
3. The Applicant proposes to submit a well sharing agreement that is, "...substantially
similar..." to the one included in the application. The Applicant proposes to submit this prior
to approvals. The well sharing agreement is a requirement of Section 7-104 of the ULUR.
This office would recommend a final agreement be submitted as part of the application
materials however this office would defer to the determination of Garfield County Legal staff
on a deferred submission and whether or not it is substantially similar.
4. The Applicant proposes to submit the pump test and water quality results of the wells prior to
approvals. These tests were not submitted with the application materials. No evidence of an
adequate, physical water supply was included. The Applicant should provide evidence of
adequacy of the physical supply for all the wells, per Section 7-104 of the ULUR.
5. The application explains the proximity to fire protection services and proposes that the
irrigation water might be used for fire protection. To comply with Section 7-403 of the
ULUR the Applicant should contact the local Fire Protection District and obtain their
approval.
6. The Applicant will need to obtain Access Permits from Road and Bridge for the proposed
driveways for Lots 2 and 3, per Section 7-108 of the ULUR.
826 1/2 Grand Avenue • Glenwood Springs, CO 81601
PH: 970.945.5544 • FAX: 970.945.5558 • www.mountaincross-eng.cnm
Dutch Major Exemption
Page 2 of 2
November, 2011
7. The Applicant should provide evidence from the applicable utility companies that service
will be provided to the proposed exemption lots, per Section 7-107 of the ULUR.
Feel free to call if you have any questions or comments.
Sincerely,
Mountai/ Cross Engineeri g, �, c
Chris Hale, PE
MOUNTAIN CROSS ENGINEERING, INC.
Civil and Environmental Consulting and Design
826 V2 Grand Avenue, Glenwood springs, CO 81601
P: 970.945.5544 F: 970.945.5558 www.mountaincross•eng.com
Glenn Hartmann
From: Steve Anthony
Sent: Wednesday, October 26, 2011 3:45 PM
To: Glenn Hartmann
Subject: Dutch Major Sub. Comments
Attachments: MernoDutchsubExemptlon.doc; GARFIELD COUNTY NOXIOUS WEED LIST2010.doc; 2011
RussianOliveTamariskProgram.doc
Hi Glenn
Here are my comments on the Dutch Major subdivision exemption. Also attached is the County Noxious Weed List and
information about the county's Russian olive and Tamarisk program. I drove by the site this morning and there are
several Russian olive trees, possibly some Scotch thistle but I couldn't tell for certain.
Steve Anthony
Garfield County Vegetation Manager
0298 CR 333A
Rifle CO 81650
Office: 970-625-8601
Fax: 970-625-8627
Email: santhonvaoartieid-county.com
i
MEMORANDUM
To: Glenn Hartmann
From: Steve Anthony
Re: Comments on the Dutch Major Subdivision Exemption (MAEA-6931)
Date: October 28, 2011
Staff requests that the applicant survey the property for Garfield County listed noxious weeds and
provide a weed inventory and weed map of the site.
There are some Russian olives on site and there may be Scotch thistle located on the property as
well.
It is requested that the applicant provide a weed management plan that addresses inventoried,
County listed noxious weeds.
Staff can assist in weed identification if necessary and the county does offer a weed -cost share
program that offers partial financial reimbursement for the treatment of county -listed noxious
weeds. There is also a program available that assists county landowners in the treatment of
Russian olive and tamarisk trees.
This office is available to provide weed identification assistance if necessary.
GARFIELD COUNTY NOXIOUS WEED LIST
STATE DESIGNATIONS
Common name
Leafy spurge
Russian knapweed
Yellow starthistle
Plumeless thistle
Houndstongue
Common burdock
Scotch thistle
Canada thistle
Spotted knapweed
Diffuse knapweed
Dalmatian toadflax
Yellow toadflax
Hoary cress
Saltcedar
Saltcedar
Oxeye Daisy
Jointed Goatgrass
Chicory
Musk thistle
Purple loosestrife
Russian olive
Also State Listed species:
Scientific name
Euphorbia esula
Acroptilon repens
Centaurea solstitalis
Carduus acanthoides
Cynoglossum ofcinale
Arctium minus
Onopordum acanthium
Cirsium arvense
Centaurea maculosa
Centaurea diffusa
Linaria dalmatica
Linaria vulgaris
Cardaria draba
Tamarix parvijlora
Tamarix ramosissima
Chrysanthemum leucantheum
Aegilops cylindrical
Cichorium intybus
Carduus nutans
Lythrum salicaria
Elaeagnus angustifolia
State List
13
13
A
13
13
C
B
B
B
B
B
B
B
B
B
B
C
C
B
A
13
Absinth wormwood Artemsia absinthium 13
Garfield County Weed Management
Russian-Olive/Tamarisk Program
(1/2 acre or larger infestations)
for 2011
On-site visit required by Garfield County Vegetation Management before application is accepted.
The maximum amount of time spent on one property for this program is eight working days per
calendar year.
Method of removal:
`State Wildland Inmate Fire Team -SWIFT (from Rifle Correctional Facility)
OR Western Colorado Conservation Corps (WCCC)
How the program works:
Item
Map
Turn in application
Review applications
If accepted
Cut
Initial treatment
Slash pile management
Options -leave as is, chip, or burn
(Burn permits are required.
Contact local fire
authority or public health office)
Responsible Party
Landowner
Landowner
Garfield County
Garfield County (SWIFT or WCCC)
Garfield County (Labor)
Landowner (chemical costs)
Landowner
Follow-up treatment Landowner
Please note -program priorities are:
Isolated infestations of Russian olive and tamarisk
Infestations near vectors of spread (waterways, roads, etc.)
2011 Garfield County Russian-olive/Tamarisk Application
Please read and fill our entire application. Incomplete applications will not be
processed. No exceptions. PROGAM ACTIVE: Until -411/11 and after 9115/11
Return to:
Att: Garfield County Vegetation Management
0298 CR 333A
Rifle, CO 81650
Land location:
Landowner: Landuser:
Mail address Mail address
City Zip City Zip
Phone Number Phone number
Russian-olive/Tamarisk Management Plan
Name Address
Pre -application on site visit by Garfield County Vegetation Management (625-8601) MUST be verified by signature below
before application is accepted.
Garfield County Vegetation Mgt. Date
1. Targeted weed
2. Total acres Current amount of infested acres
3. Describe the areas you plan to treat.
4. What method of slash pile management will you use?
5. What methods of follow-up treatment will you use?
a. Herbicides. List product name and rate and timing of application.
b. Alternative methods.
Sketch project area or attach map. Map must include weed species, location and stand
density. Also include any irrigation ditches, roads, fences or buildings.
IT IS YOUR RESPONSIBILITY TO FILL OUT THE APPLICATION. IF YOU HAVE ANY QUESTIONS OR CONCERNS
CALL GARFIELD COUNTY VEGETATION MANAGEMENT AT 6234601
Agreement and Release - Russian-olive/Tamarisk Program ("Program")
1. The undersigned certifies that he/she is the owner of the property ("Property"), subject to the Program, or is an
authorized representative of the owner.
2. The undersigned is over 18 years of age and is aware that: (1) pesticides area controlled and dangerous substance;
2) the use of machinery and equipment in the removal of Tamarisk and Russian -olive has inherent risks; (3)
application of pesticides under any circumstances is a hazardous activity, even if performed by a knowledgeable and
certified applicator; and (4) there may be hazards from or conditions to participation in the Program that are not
immediately apparent.
3. Consistent with the Program responsibilities, outlined above, the undersigned gives permission for:
a. SWIFT or WCCC to enter the Property and use chain saws and other equipment needed to remove
Russian -olive and/or Tamarisk; and
b. The Garfield County Vegetation Management Director or his authorized representative to enter the
Property and apply one or more chemical herbicides to the resulting vegetative remnants.
4. Consistent with the Program responsibilities, outlined above, the undersigned agrees to:
a. Reimburse Garfield County, within 30 days of invoice, for the cost of chemicals used, not labor, in the
initial treatment referred to in paragraph 3.b., above;
b. Manage resulting slash piles of Russian olive and/or tamarisk, including applying for a Burn Permit if
management is by burning; and
c. Engage in follow-up chemical treatment of re -growth.
5. The undersigned certifies that he/she will strictly adhere to the label restrictions of chemical(s) used in follow-up
treatments of Russian -olive and Tamarisk re -growth and, if restricted pesticides are used, agrees that a certified
applicator will apply the chemicals.
6. The undersigned, as Property owner or on behalf of the owner, acknowledges that the County is applying chemical
herbicides, SWIFT or WCCC is using equipment to cut vegetation, and that the Property owner has follow-up
management and treatment responsibilities in the Program. The undersigned:
a. Assumes the risk of loss or damage to the land and any person, structure or personal property located on
the Property;
b. Releases the County and its officers, employees* agents, authorized volunteers (including without
limitation the Garfield County Weed Board) and contractors from any and all claims for damage to any
person or property arising out of, connected with or resulting from the chemical herbicide application and
use of machinery and equipment on the Property;
c. Indemnifies and holds harmless the County, its officers, employees, agents, authorized volunteers and
contractors from and against any and all claims, liabilities, causes of action, damages or legal
proceedings of any kind, including attorney's fees, brought by anyone, including third -parties, arising out
of, connected with, or resulting from the Program, other than those resulting from the negligence or willful
misconduct of the County, its officers, employees, agents, authorized volunteers or contractors; and
d. Agrees to defend the County, its officers, employees, agents, authorized volunteer and contractors
against any and all such claims, damages, actions or other proceedings.
Signature (Landowner or authorized representative) Date
Glenn Hartmann
From: Jim Rada
Sent; Friday, October 28, 2011 1:39 PM
To: Glenn Hartmann
Subject: MAFA-e931 Dutch major Subdivision Exemption
Glenn
No issues with the referenced application. Thanks for the opportunity to review.
Jim Rada
Environmental Health Manager
Garfield County Public Health
195 W.14th Street
Rifle, CO 3165H
Phone - 97H-625-52HH x8113
Direct - 970-625-6383
Fax - 9711-625-8304
Ce[1- 970-319-1579
jrada Barfield-cnunty.com
www. garfi eId-c©unty.carn
STATE OF COLORADO
COLORADO GEOLOGICAL SURVEY
Department of Natural Resources
1313 Sherman Street, Room 715
Denver, CO 80203
Phone: 1303) 866-2611
Fax: 1303) 866-2461
November 4, 2011
Mr. Glenn Hartmann
Garfield County Building and Planning
108 8h Street Suite 401
Glenwood Springs, CO 81601
gharirnann@garfield-county.com
Re: Dutch Major Subdivision, GA -12-0001_1
Dear Mr, Hartmann:
COLORADO
DEPARTMENT OF
NATURPAL
RESOURCES
John Hickenloaper
Governor
Michael King
Executive Director
Vincent Matthews
Division Director and
State Geologist
Thank you for the submittal of the above referenced proposal. The proposal k to subdivide 52 acres into four
single-family lots. Existing homes are located on Lots 1 and 4. Lot 2 is 6.6 acres and Lot 3 is 12.7 acres in size_ An
irrigation ditch serves as the boundary between Lots f and 2 and another irrigation easement serves as the boundary
separating Lot 1 from Lots 3 and 4. Most of the site is irrigated fields. A soil survey report was submitted with the
application.
Except for Lot 2, the site generally slopes gently. The center of Lot 2 contains a ridge that slopes steeply north and
south of the ridge. Small east -west drainage crosses the north section of Lot 2.
There do not appear to be any geologic hazards that will prevent additional site development However, there are
several soil and slope constraints that should be considered when building sites are selected and homes are built.
Slope Instability
Lot 2 appears to be underlain by claystone, mudstone, siltstone and sandstone of the Shire member of the Wasatch
Formation. This geologic unit is prone to Iandsliding on steep slopes. Some soil creep is evident on steeper slopes
within Lot 2. Large-scale instability is unlikely; however, construction -related instability could occur if steep cuts
were made into the hillside. Home sites and septic systems should be located where minimal grading is required.
Accelerated Erosion
Except for Lot 2, most of the site appears to be underlain by wind-blown loess and sheetwash deposits. Gullying
commonly occurs in sheetwash and loess deposits where runoff is concentrated. Piping can also be found in roads
in the area. Areas disturbed during construction should be protected against erosion and revegetated. If possible,
runoff should not be concentrated and should not be discharged, in an uncontrolled manner, down steeper slopes.
I-Iydrocowpaction
Poorly consolidated wind-blown loess and sheetwash deposits are prone to hydrocompaction. Such soil may
become unstable when wetted and/or loaded and can damages homes and septic systems. Building sites should be
evaluated for hydrocompactive soil.
November 4, 2011
Page 2
Mr. Glenn Hartmann
Expansive Soil
SoiI across the site can also contain silty clays that may be expansive when wet. Such conditions would likely be
limited and not a high risk.
Summary
In summary, before building permits are issued, it would be prudent for the county to require that a site-specific soils
and foundation investigation be done for each lot. Due to erosion and stability concerns, minimizing grading is
recommended, especially on steeper areas within Lot 2.
Please contact me if you have any questions or concerns. 1 can be reached at 303.866.2611 ext. 8315 or by email at
Icaren.berry@state.co.us.
Sincerely,
Karen A. Berry
Acting Deputy Director
Geological Engineer, PG, AICP, CP1:SC-SWQ
Nov. 2. 20H 1:18PM No. 1075
XcelEnergyM
PUBLIC SERVICE COMPANY
November 2, 2011
Garfield County
Building and Planning Department
108 — 814 Street, Suite 401
Glenwood Springs, Colorado 81601
Fax: 970-384-3470
Attn: Glenn Hartmann
Re: Dutch Major Subdivision Exemption
Right of Way & Perrnits
1123 West 34 Avenue
Penver, Colorado 80223
Telephone: 3 03.1=71.3305
Facsimile: 303.571.3524
d onna.i. george)cce&energy.cOM
Public Service Company of Colorado (PSCo) has reviewed the plans for Dutch Major
Subdivision Exemption and has no apparent conflict. Should there be future
development within the proposed subdivision, the property owner/developer/contractor
must contact the Builder's Call, Line at 1-800-628-2121 and complete the application
process for any new gas or electric service, or modification to existing facilities, It is
then the responsibility of the developer to contact the Designer assigned to the project
for approval of design details. Additional easements may need to be acquired by
separate document for new facilities.
As a safety precaution, PSCo would like to remind the developer to call the Utility
Notification Center, at 1-800-922-1987 to have all utilities located prior to any
construction.
if you have any questions about this referral response, please contact me at (303) 571-
3306.
Sin rely,
Donna George
Contract Right of Way Referral Processor
Public Service Company of Colorado
Glenn Hartmann
From: Janet Atuise Fjaluise@townafsilt.orgj
Sent: Wednesday, November 02, 2011 3:50 PM
To: Glenn Hartmann
Cc: 'Pamela K. Woods'
Subject: Dutch Major Exemption Application
Hello Glenn:
The Silt Planning & Zoning Commission reviewed the Dutch Major Exemption application at its November 1,
2011 regular meeting. The Commission had the following comments:
1) The Town would prefer to see clustering of housing units and the bulk of land held in common
ownership, with the ability to preserve farmland;
2) The Town would prefer to see central water and sewage disposal systems, in order to avoid
contamination of ground water and the waste of valuable land for leach fields;
3) The Town would respectfully request that all traffic from these proposed lots utilize Ukele Lane, which
would minimize impact to Town streets (western Harness Lane) and 15t Street from a county
development.
Thanks very much for the opportunity to comment on this application.
Janet Aluise, Community Development Director
Town of Silt
231 N. 7th Street
P.D. Box 70
Silt, CO 81652
(970) 876-2353 Ext. 14
(97O) 876-2937 Fax
jaluise@townofsilt.org
www.townofsilt.org
1
GARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.ga rfield-co unty. com
JUL 11 2011
❑ MINOR [2 LOT] EXEMPTION
El MAJOR [4 LOT] EXEMPTION
❑ FINAL EXEMPTION PLAT AMENDMENT
GENERAL INFORMATION (Please print legi hlt,
A- Name of Property Owner: Charles A. Bagley and George E`_
> Mailing Address: 6044 CR 233
A City: silt
➢ E-mail address:
n/a
Telephone
State: co Zip Code: 91652 Cell:
FAX:
A Name of Owners Representative, if any, (Attorney, Planner, Consultant, etc):
➢ Kelly Cave, Esq.
A Mailing Address: 823 Blake Ave. #202
A City: Glenwood Springs
Telephone: ( ) 945-2447
State: co Zip Code: B1601 Cell; ( )
> E-mail address: kelly@kerstlaw.cozn FAX:( ) 945-2440
A Street Address / General Location of Property:
1211 CR 229. Silt c0 51652
➢ Assessor's Parcel Number: 2 1 7 g - 0_5_1 - Q - _o_
A Size of Property (in acres) as of January 1, 1973: 52
A. Current Size of Property to be Subdivided (in acres):
52
➢ Number of Tracts / Lots Created Including remainder of Parent Property: 4
➢ Proposed size of Tracts / Lots to be Created Including remainder of Parent Property:
o Lot #: 1 containing 20.489
o Lot #: 2 containing 6.624
o Lot #: 3 containing 12.723
o Lot #: 4 containing 13.93
o Lot #: containing
➢ Property's Zone District: Urban Growth
acres
acres
acres
acres
acres
Area (2030 FLUM)
Last Revised 12/12108
ATTORNEYS
DAN KERST
don s@ kerstlaw.com
WILLIAM J. LYNE.
bilI@kerstlaw.com
KELLY CAVE
kelly@kerstlaw. corn
'Also admitted Fri Wheensln
KERST & ASSOCIATES, P.C.
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
Kathy Eastley, AICP
Garfield County
Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, CO 81601
823 BLAKE AVENUE, SUITE 202
GLENWOOD SPRINGS, COLORADO 81601
TELEPHONE: (970) 945-2447
FACSIMILE: (970) 945-2440
duly 11, 2011
Re: Dutch Major Subdivision Exemption Application
File #: 13819
Dear Kathy:
PARALEGAL
ELI5A8ETH GETZEN
egetzen@kerstlaw.com
Via Hand Delivery
Our firm represents Chuck Bagley and George Bagley who own fifty-two (52) acres of
property located in Section 5, Township 6 South, Range 92 West of the 6th Principal Meridian
(Parcel No. 2179-051-00-040). Chuck and George wish to divide the parcel into four (4) lots
under the Dutch Major Exemption. If the exemption is approved, each brother shall own two (2)
lots (George will own 1 and 2, and Chuck will own 3 and 4).
In compliance with Garfield County's submittal requirements, the applicant provides the
following information for your review:
1. A completed and signed Application form, $400 planning review fee, a signed
Agreement for Payment form, Colorado Geologic Survey Submittal Form and
$950 CGS review fee.
2. The 2010 deed showing ownership by the applicants and a 1971 deed showing
prior history. These deeds relate the property back to 1971 assuring that the parcel
qualifies for the exemption process,
3. Assessor's map and list of the names and addresses of owners of record of land
immediately adjoining and within 200 feet of the proposed exemption, including
mineral owners as reflected on the title commitment and in the attached mineral
deed.
4. A current title commitment listing exceptions to title.
5. A vicinity map.
6. A copy of the Pre -Application Conference form.
July 11, 2011
Page 2
7. A preliminary Dutch Major Exemption Plat from Bookcliff Survey Services, Inc,
showing the Iegal description of the property and the proposed lots. Access is
gained from County Road 233 and County Road 229. One lot requires an access
easement as depicted on the southern boundary of Lot 4 for the benefit of Lot 3.
8. Natural Resources Conservation Service Soil Map.
9. Criteria for Major Exemptions:
a. Adequtate Water Supply. Attached is a copy of Well Permit No. 75024-F
(for Lot 3, not yet drilled), and information on Well Nos. 1172 (for Lots 1
and 4), 30778 and 47466 (for Lot 2). Additionally, the applicants own 22
shares of Farmer's Irrigation Company water (certificate #2023); 24 acre
feet of Silt Project water (see attached email from Pearl Knight dated June
29, 2011); and West Divide Water Conservancy District contract
##110421 CB(a). The attached information demonstrates a legal and physical
source of water for the division of land. If the exemption is approved, the
applicant will execute a well sharing agreement substantially similar to the
draft Well Sharing Agreement attached. The applicant will hire a water
engineering firm to provide pump tests for the wells upon approval of this
exemption and as a condition of approval to the filing of the final plat. The
property is located within the boundaries of the Burning Mountain Fire
Protection District.
b. Adequate Water Distribution and Wastewater Disposal System. Sewage
disposal shall be provided from individual sewage disposal systems, one for
each lot. Two proposed lots already have septic tanks and leach fields. If
the exemption is approved, the applicant intends to use similar systems on
the new parcels.
c. Adequate Access. Access is gained from County Roads 233 and 229. The
easement depicted on the plat will provide access to County Road 229 for
Lot 3 across the southern boundary of Lot 4.
d. Hazards. The proposed exemption will not create any hazards or exacerbate
any existing hazards. Attached are the following maps from Garfield
County: the Soil Hazard Profile, the Slope Hazard Profile, and the Flood
Plain, Vicinity Town of Silt, The property is not located within the 100
year flood plain nor does it have soil or slope hazards.
e. Compliance with Comprehensive Plan and Intergovernmental Agreements.
The proposed exemption is consistent with applicable provisions of the
Garfield County Comprehensive Plan and any intergovernmental
agreements between the County and a municipality in the area of the
property. The property is located within Silt's comprehensive planning
area. Attached is a copy of Silt's future land use plan showing the property
property in the walkable residential and a small portion of the mixed
use/neighborhood center land use areas. I contacted Janet Aluise in Silt's
building and planning department. She stated that the small portion of the
.�,..n wna•r.v,r�aw�nwnac.nov e-cs
July 11, 2011
Page 3
property located in the mixed use/neighborhood center would likely be
removed at the next planning and zoning meeting. Also attached is the land
land use description chart. The proposed division complies with Silt's
comprehensive plan. The property is located within Silt's Tier Three as
depicted on the attached Growth and Community Character Map.
f. Exemption Map Requirements. The attached exemption map is suitable for
recording with the requirements of the County's regulations; meets all
planning, engineering and surveying requirements of the County's
regulations; and does not include a lien or encumbrance to the property.
g.
All taxes applicable to the land have been paid.
Please contact me if you have any questions in regards to the application or need any
additional information.
Yours very truly,
LLY
xc: Chuck Bagley (w/o enclosures)
George Bagley (w/o enclosures)
kr..r.319M vrawne.m.MOM.r n.. moi
AVE
I. TO QUALIFY FOR A MINOR EXEMPTION
Division of land by which no more than two (2) parcels, i.e. ane (1) new parcel and
the remainder parcel, will be split from any parcel that was described in the records
of the Garfield County Clerk and Recorder's Office as of January 1, 1973,
regardless of size, as long as the resulting parcels meet the minimum lot size for the
underlying zone district. The proposed Minor Exemption shall satisfy the criteria in
Section 5-407, General County Exemption Criteria, and shall require recording of a
Minor Exemption Plat, describing each Exemption Lot by a metes and bounds legal
description and as a numbered or lettered "Exemption Lot".
11. TO QUALIFY FOR A MAJOR EXEMPTION
Division of land by which no more than four (4) parcels, i.e. the remainder parcel
and not more than three (3) new parcels will be split from a parcel of land that was
described in the records of the Garfield County Clerk and Recorder's Office as of
January 1, 1973 as a parcel of land 35 acres or more in size and not part of a
recorded subdivision. In addition to the general exemption criteria, contained in
Section 5-407, the proposed Major Exemption shall require recording of a Major
Exemption Plat, describing each Exemption Lot by a metes and bounds legal
description and as a numbered or lettered "Exemption Lot".
For purposes of the definition of Minor and Major Exemptions:
1) All tracts of land thirty five (35) acres or greater in size created after January 1,
1973 pursuant to G.R.S. 30-28-101(10)(b), i.e. divisions of land creating parcels
each of which comprises thirty-five (35) acres or more and none of which is
intended for use by multiple owners, shall be considered parcels of land created
by exemption for purposes of further division in accordance with the exemption
review processes outlined in Division 4 and, thus, shall be counted as one of the
not more than four (4) Exemption Lots allowed to be split by the Major or Minor
Exemption process; unless;
2) If the parcel of land under consideration, or part thereof, is split by a public right-
of-way or a County road right-of-way included in the County highway system,
and the location of the public or County right-of-way prevents joint use of one or
more of the proposed Exemption Lots, then the division of land may include a
split into no more than five (5) parcels, i.e, no more than four (4) new parcels
and the remainder parcel in a Major Exemption and no more than three (3)
parcels, i.e. no more than two (2) new parcels and the remainder parcel, in a
Minor Exemption.
111. APPLICATION SUBMITTAL REQUIREMENTS
As a minimum, an application for a Major Exemption shall specifically provide the
following items below pursuant to Article V, Sections 5-406 and 5-501.
t Submit a completed and signed Application Form, an application fee, and a
signed Agreement for Payment form.
2. A narrative addressing criteria in this application and explaining the purpose
of the application.
3. Copy of the deed showing ownership. Additionally, submit a letter from the
property owner(s) if the owner is being represented by another party other
than the owner. If the property is owned by a corporate entity (such as an
LLC, LLLP, etc.) Please submit a copy of recorded "Statement of Authority"
demonstrating that the person signing the application has the authority to act
in that capacity for the entity.
4. Submit a copy of the appropriate portion of a Garfield County Assessor's Map
showing the subject property and all public and private landowners adjacent
to your property (which should be delineated). In addition, submit a list of all
property owners, private and public, and their addresses adjacent to or within
200 ft. of the site. This information can be obtained from the County
Assessor's Office. You will also need the names (if applicable) of all mineral
interest owners of the subject property, identified in the County Clerk and
Recorder's records in accordance with §24-65.5-101, et seq. (That
information may be found in your title policy under Exceptions to Title).
5. Vicinity map: An 8'/r x 11 vicinity map locating the parcel in the County. The
vicinity map shall clearly show the boundaries of the subject property and all
property within a 3 -mile radius of the subject property. The map shall be at a
minimum scale of 1'=2000' showing the general topographic and geographic
relation of the proposed exemption to the surrounding area for which a copy
of U.S.G.S. quadrangle map may be used.
6. A copy of the Pre -Application Conference form from the original Pre -
Application Conference.
7. Provide a Minor i Major Exemption Plat that is scaled at 1 inch to 200 feet for
properties exceeding 160 acres in size, or 1 inch to 100 feet for properties
less than 160 acres in size. The Director may require a more detailed version
of all or part of the exemption map or plat. The required details for an
Exemption Map or Plat can be found in Section 5-502(C)(7) of the ULUR.
8. All requests for Minor and Major Exemptions shall be required to demonstrate
that they can meet the following criteria:
a) Adequate Water Supply. The resulting Exemption Lots have a sufficient
legal and physical source of water, in compliance with the requirements of
this Land Use Code set forth in Section 7-104 of Article VII, Standards.
b) Adequate Water Distribution and Wastewater Disposal System. The
resulting Exemption Lots have an adequate water distribution system and
wastewater disposal system in compliance the requirements of this Land
Use Code set forth in Section 7-105 of Article Vil, Standards.
c) Adequate Access. The resulting Exemption Lots have legal and adequate
access in compliance with the requirements of this Land Use Code set
forth in Section 7-107 of Article VII, Standards.
d) Hazards. The resulting Exemption Lots do not create hazards identified in
Section 7-209 and Section 7-210 of Article VII, or exacerbate existing
hazards.
e) Compliance with Comprehensive Plan and Intergovernmental
Agreements. The proposed exemption is consistent with applicable
provisions of the Garfield County Comprehensive Plan and any
intergovernmental agreements between the County and a municipality that
apply to the area where the division of land will occur.
f) Exemption Map Requirements. See the specific requirements for
Exemption Plats at Section 5-502 86 and B7. The following general
criteria also apply:
g)
1. Suitability of Plat for Recordation. The exemption map or plat is drawn
in accordance with the requirements of these Regulations and is
suitable for recordation.
2. Adequacy of Supporting Materials. The exemption plat meets all
planning, engineering, and surveying requirements of these
Regulations for maps, data, surveys, analyses, studies, reports, plans,
designs, documents, and other supporting materials.
3. Liens and Encumbrances. The exemption plat does not include a lien,
conveyance, or encumbrance to the property dividing a lot or
encumbering the public use of public dedications for roadways public
utility easements or other purposes.
Taxes. All taxes applicable to the land have been paid.
9. Submit 3 copies of this completed application and all the required submittal
materials to the Building and Planning Department. Staff will request
additional copies once the application has been deemed technically complete.
N. PROCEDURAL REQUIREMENTS
Minor and Major Exemptions are reviewed in an Administrative Process. The following
steps outline how the Major Exemption review process works in Garfield County as
further defined in Article IV, Section 4-104 of the Unified Land Use Resolution of 2008.
1. Pre -Application Conference. A pre -application conference shall be held in
accordance with the provisions of Section 4-103 A, Pre -Application Conference.
2. Application. The application materials required for a land use change subject to
Administrative Review are set forth in Section 4-601 A.
3. Determination of Completeness. The Director shall review the application for
determination of completeness in accordance with the provisions of Section 4-
103 C, Determination of Completeness.
4. Evaluation by Director/Staff Review. Upon determination of completeness, the
Director shall review the application for compliance with the applicable
requirements. A staff report shall be prepared pursuant to Section 4-103 E.
a) Review by Referral Agencies. The Director's evaluation of the application
may include comment by referral agencies received under Section 4-103 D,
Review by Referral Agency.
b) Notice to Adjacent Property Owners. The applicant shall mail a written
notice by certified mail, return receipt requested, to the owners of record of
all property adjacent to the property within a 200' radius and the mineral
owners of record in the office of the County Clerk and Recorder.. The
notice shall include a vicinity map, the property's legal description, a short
narrative describing the current zoning and proposed land use change, and
the contact information and the date that the Director has to make a
decision and notice of the 10 day period after the Director's decision to
appeal the decision and the deadline for comments to be submitted. The
comment period for adjacent property owners shall be within twenty-one
(21) calendar days from the date of receipt of the notice established by
return receipt.
5. Director Decision. Within thirty (30) working days of the date of determination of
completeness, or close of the comment period if the application is referred for
comment, the Director may approve, approve with conditions or deny the land
use change application subject to Administrative Review. The Director's
decision shall be based upon compliance of the proposed use with the approval
standards set forth in Divisions 1 and 2 of Article VII, Standards.
a) Approval of Application. If the application satisfies all of the applicable
standards, the application shall be approved. The application may be
approved with conditions determined necessary for compliance with
applicable standards. Once it has been approved, the applicant shall
prepare the necessary legal documents to be placed on the consent
agenda for the signature of the Chairman of the Board of County
Commissioners and shall be duly recorded by the Clerk and Recorder after
signature.
b) Denial of Application. If the application fails to satisfy all of the applicable
standards, the application shall be denied.
6. Written Notice of Decision. The Director shall inform the applicant and noticed
property owners of the approval, conditions of approval or basis for denial in writing
within five (5) working days of the date of decision. Notice of the Director's decision
shall also be provided to the Board of County Commissioners.
V. AMENDMENTS TO APPROVED EXEMPTIONS
An amendment may be made to a recorded Final Exemption Plat if such amendment does
not increase the number of subdivision lots or result in a major relocation of a road or add
one or more new roads (pursuant to Section 5-306), A correction can be made to a
recorded Exemption Plat in order to correct an engineering error, mislabeling issue, etc. that
does not affect the substance of the plat.
A. Outline of Processes. The review processes for amending an Exemption Plat shall
consist of the following:
1. Four (4) Lots or Less: The Administrative Review Process, detailed in Section 4-
104 of Article IV, shall be used for review of a request to amend an Exemption
Plat for modifying lot lines, building envelopes, easement locations or other
interests affecting up to four (4) lots.
An Amended Exemption Plat which modifies lot lines or easements affecting not
more than two (2) adjacent Exemption Lots or a single building envelope shall
be subject to the Administrative Review Process set forth in Section 4-104 of
Article IV, with the addition of presentation of the Amended Exemption Plat to
the Board of County Commissioners for signature, prior to recording with the
Office of the Clerk and Recorder.
2. More Thar_i:our (4) Lots: The Major Exemption Review Process, detailed in
Section 5-403, shall be used to amend an Exemption Plat modifying lot lines,
building envelopes, easement locations or other interests affecting more than
four (4) Exemption Lots.
An Amended Final Exemption Plat which modifies lot lines or easements
affecting more than four (4) lots or more than one (1) building envelope shall be
subject to the Major Exemption Review Process set forth in Section 5-403.
6
B. Application Materials: The Final Exemption Plat Amendment / Corrected Plat review
requires the following application materials as more fully described in Article V,
Section 5-502:
1. Application Form and Fee
2. Preliminary Plan (5-501(G))
3. Final Exemption Plat, Amended Final Exemption Plat
4. Subdivision Improvement Agreement, if necessary
I have read the statements above and have provided the required attached information
which is correct and accurate to the best of my knowledge.
(Signature of Property Owner) Date
Charles A. Bagley
( gnatu r- of Prop
George E. Bagley
7
Date
B. Application Materials; The Final Exemption Plat Amendment J Corrected Plat review
requires the following application materials as more fully described in Article V,
Section 5-502:
1. Application Form and Fee
2. Preliminary Plan (5-501(G))
3. Final Exemption Plat, Amended Final Exemption Plat
4. Subdivision Improvement Agreement, if necessary
I have read the statements above and have provided the required attached information
which is carr- ct and accurate to the b - - t of my knowledge.
gnature of Property Owner / Date
Charles A. Bagley
(Signature of Property Owner)
George E. Bagley
7
Date
GARFI ELD COUNTY
BUILDING AND PLANNING DEPARTMENT
FEE SCHEDULE
Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No.
98-O9, 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 a Payment Agreement 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 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 riot 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.
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
BASE FEES
TYPE OF LAND USE ACTION
Vacating Public Roads & Rights -of -Way
Sketch Plan
Preliminary Plan / Conservation Subdivision
Preliminary Plan Amendment
Final Plat
Final Plat Amendment / Correction Plat
Combined Preliminary Plan and Final Plat
Minor Exemption / Amendment
Major Exemption / Amendment
Rural Land Development Option Exemption / Amendment
General Administrative Permit
Floodplain Development Permit
Pipeline Development Plan / Amendment
Small Temporary Employee Housing
Minor Temporary Employee Housing
Limited Impact Review / Amendment
Major Impact Review / Amendment
Rezoning: Text Amendment
Rezoning: Zone District Amendment
Planned Unit Development (PUD) / Amendment
Comprehensive Plan Amendment
Variance
Interpretation
Takings Determination
Planning Staff Hourly Rate
• Planning Director
• Senior Planner
• Planning Technician
• Secretary
BASE FEE
$400
$325
$675 + application agency
review fees and outside
consultant review fees, as
authorized pursuant to the
Regulations, such as the
Colorado Geologic Survey
$325
$200
$100
$1,075
$300 / $300
$400 / $300
$400 / $300
$250
$400
$400 / $300
$50
$250
$400 / $300
$525 / $400
$300
$450
$500 / $300
$450
$250
$250
NO FEE
$50.50
$40.50
$33.75
$30.00
County Surveyor Review Fee (includes review of Amended Determined by Surveyor$
Plats, Final Plats, Exemption Plats)
Mylar Recording Fee $11 —1 1st page
$10 each additional page
Page 2
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.
Page 3
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
PAYMENT AGREEMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and Charles A. Bagley and 'George E. Bagley
Property Owner (hereinafter OWNER) agree as follows:
t OWNER has submitted to COUNTY an application for Major Exemption
(hereinafter, THE PROJECT).
2. OWNER 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. OWNER 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. OWNER agrees to make payment of the Base Fee,
established for the PROJECT, and to thereafter permit additional costs to be billed to
OWNER. OWNER 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, OWNER shall pay
additional billings to COUNTY to reimburse the COUNTY for the processing of the
PROJECT mentioned above. OWNER 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.
PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE)
Charles A. Bagley
Print Name
Mailing Address: eL - j ..
f 6 -
Date
Signature
George E. Bagley
Mailing Address:
'°3‘g7
Page 4
Hate
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
PAYMENT AGREEMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and Charles A. Bagley and. George E. Bagley
Property Owner (hereinafter OWNER) agree as follows:
1. OWNER has submitted to COUNTY an application for Major Exemption
(hereinafter, THE PROJECT).
2. OWNER 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. OWNER 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. OWNER agrees to make payment of the Base Fee,
established for the PROJECT, and to thereafter permit additional costs to be billed to
OWNER. OWNER 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, OWNER shall pay
additional billings to COUNTY to reimburse the COUNTY for the processing of the
PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to
the final consideration by the COUNTY of any land use permit, zoning amendment, or
subdivision pian.
PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE)
Signature Date
Charles A. Bagley
Print Name
Mailing Address:
Mailing Address:
Page 4
Date
COLORADO GEOLOGICAL SURVEY SUBMITTAL
FORM FOR LAND -USE REVIEWS
County Garfield Date
Project Name Dutch Major FKpmpt-- nn
APPLICANT
(or Applicant's Authorized Representative responsible for paying CGS -review fee)
Nems Charles A. Bagley and George F. Rag1Qy
Address6044 County Road 233
Silt, CO 81652
Ph. No, .208-989-6939
Fax No.
'1','l2, utile 14
Section(s)
Township
Range
Dec Lat
Dec Long
FEE SCHEDULE
(effective June 1, 2009)
Reviews for Counties
Small Subdivision (> 3 dwellings and < 100 acres) $950
Large Subdivision (? 100 acres and a 500 acres) $1,550
Very Large Subdivision (500 acres or more) $2,500
Very small residential subdivisions (1-3 dwellings and a 100 acres) $600
Reviews for Municipalities At hourly rare of reviewer
Special Reviews At hourly rare of reviewer
School Site Reviews $855
CGS LAND USE REVIEWS
Geological studies are required by Colorado counties for all subdivisions of unincorpo-
rated land into parcels of less than 35 acres, under State statute C.R.S. 30-28-136 (1) (i)
(Senate Bill 35, 1972). Some Colorado municipalities require geological studies for sub-
division of incorporated land. In addition, local governments are empowered to regu-
late development activities in hazardous or mineral -resource areas under C.R.S. 24-65.1-
101 et seq. (House Bill 1041,1974) and CRS. 34-1-301 et seq, (House Bili 1529, 1973),
respectively.
Local -government agencies submit proposed subdivision applications and supporting
technical reports to the Colorado Geological Survey "...for evaluation of those geologic
factors which would have significant impact on the proposed use of the land," in accor-
dance with State statutes. The CGS reviews the submitted docuphents and serves as a
technical advisor to local -government planning agencies during the planning process.
Since 1984, the CGS has been required by law to recover the full direct cost of perform-
ing such reviews.
The adequate knowledge of a site's geology is essential for any development project. It
is needed at the start of the project in order to plan, design, and construct a safe devel-
opment ?roper planning for geological conditions can help developers and future
owners/users reduce unnecessary maintenance and/or repair costs.
Colorado Geological Sunny, 1315 SNsrmrn Slreal, Room 715, fleeter, CO 60203 ' Per 355.063-2e11, rex 303-663.2461
MA;oKevreetele.00me CfeetatlMena. revtnd4(2 V
KERST & ASSOCIATES, P.C.
ATTORNEYS A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
DAN KERST
dan@kerstlaw.com
KELLY CAVE
kelly@kerstlaw.com
MATTHEW L. TRINIDAD
matt@kerstlaw.com
Glenn Hartmann, Senior Planner
Garfield County
Building & Planning Department
108 8°' Street, Suite 201
Glenwood Springs, CO 81601
823 BLAKE AVENUE, SUITE 202
GLENWOOD SPRINGS, COLORADO 81501
TELEPHONE: (9701945-2447
FACSIMILE: (970) 945-2440
September 22, 2011
Re: Dutch Major Subdivision Exemption Application
File #: 13819
Dear Glenn:
PARALEGAL
ELISABETH GETZEN
egetxen@kerstlaw.com
Via Hand Delivery
In response to your incomplete letter dated July 25, 2011, we are submitting the
following supplemental information for the Dutch Major Exemption.
1. Access to Utilities. The property borders County Road 233 (Silt Mesa Road) to
the North and County Road 229 to the east. County Road 233 has natural gas, electricity and
telephone services. County Road 229 has electricity. Three of the four lots have a boundary line
with one or both of these roads. Lot 3 has an access and utility easement over Lot 4 to provide
services from County Road 229. Propane is often utilized in this area. The Applicant proposes
to use propane for the southern lots. Landline telephone services are no longer essential with cell
phone or internet phone availability. If the County requires that the southern lots must have
access to natural gas and/or telephone services, the property owners are willing to add a utility
easement on the eastern boundary of the property adjacent to County Road 229, either in the
prescriptive right of way easement or adjacent. If required, the Plat can be amended to include
the utility easement prior to final approval.
2. Driveways and Parking. Lot 1's driveway is depicted on the PIat, Lot 2's
proposed driveway will be twenty feet (20 ft.) north of the twenty foot irrigation ditch on the
eastern boundary. There is an existing driveway for the current dwelling on Lot 4 and Lot 3 will
gain access over the southern portion of Lot 4 on the access and utility easement. With lot sizes
from 6 to 20 acres, parking is more than adequate and the applicants would like to allow future
owners the right to determine the specific location of any parking as needed.
3. Water Lines. Water for Lots 1 and 4 will be shared in accordance with the Well
Sharing Agreement previously provided. The water lines will be over Lot 1 in the 20 foot Well
and Waterline Access & Maintenance Easement as depicted on the Plat. The applicants would
like to reserve flexibility for future owners on the location of the water lines on their respective
lots outside of said Easement.
September 22, 2011
Page 2
4. Additions to Plat. The surveyors updated the Plat with additional information on
utilities.
5. Wastewater and County Maps in Color. Attached is the Septic Constraint map in
color from the County website. There are no constraints for this property. As previously
mentioned, two lots have septic tanks and leach fields. The applicants intend to use similar
systems for the other two Tots. Also attached are color maps of the County's floodplain, slope
hazard, and soil hazard maps.
6. Pump Tests. Domestic wells serving the new lots will have the required pump
tests prior to final approval.
7. Well Permits. Attached are the well permits requested.
8. Access and Utility Easement. Attached is a draft of the proposed Access and
Utility Easement.
9. Utilities and Improvements Agreement. As discussed in paragraph one above,
utilities are accessible for all lots. Applicants do not believe that an Improvements Agreement is
required for this major exemption.
10. Fire Protection. As previously provided, the property has sufficient irrigation
water available. Lot 1 has a pond as depicted on the plat. Currently, there are two dwellings on
the property, and the exemption is not a substantial increase in fire protection requirements. The
property is located within the boundaries of the Burning Mountain Fire Protection District.
Furthermore, the property is located approximately one mile northeast of the Town of Silt so we
do not believe that the risk of fire is significant enough to require a storage tank since the
emergency crews will be able to access the property in a timely manner from County roads. As
discussed in paragraph 11 below, the County previously approved of an exemption for this
property, and therefore, we believe that the fire protection issue is not significant since
restrictions were not placed on the exemption in the past and the risk as described herein appears
minimal due to adequate access to the property from County roads.
11. Legal Description and 1982 Exemption. The applicants have an abstract that
provides history of the property back to 1891. Portions of the abstract are attached. Lot 1 is the
Northeast quarter of the Northeast quarter of Section 5 in Township 6 South of Range 92 West of
the Sixth P.M. Also attached is Resolution 82-68 which granted George and Dorothy Bagley a
right to split the property into a 46 acre parcel and two 2 acre parcels. Since the property
remains fifty plus acres, the prior approved exemption parcels were never deeded to new owners,
and therefore, the 1982 exemption should be rescinded. If the prior exemption parcels were not
deeded out, the property was never officially split and as such, this exemption is allowed. With
this prior exemption approval, there is evidence that the County has reviewed this property in the
past and determined that an an exemption is reasonable with available utilities and fire
protection.
September 22, 2011
Page 3
Please contact me if you have any questions in regards to the application or need any
additional information.
Yours very trul
KELLY C VE
xc: Chuck Bagley (w/o enclosures)
George Bagley (w/o enclosures)
Shawn Binion (w/o enclosures via email)
SPECIAL USE PERMIT
GEORGE AND DOROTHY BAGLEY
In accordance with and pursuant to the provisions of the Garfield
County Zoning Resolution of 1979, as amended, and Resolution No. 81- 308
of the Board of County Commissioners of Garfield County, Colorado, State
of Colorado, hereby authorizes, by Special Use Permit, the following
activity:
. A mobile home as a principal use of the lot
on the following described tract of land in Garfield County, Colorado:
•Lot 1, Section 5, Township 6 South, Range 92 West of the
6th PM of Garfield County, Colorado
The within Special Use Permit is issued subject to the conditions set forth
in the above-mentioned resolution, and shall be valid only during compliance
with such conditions and other applicable provisions of the Garfield County
Zoning Resolution, Subdivision Regulations, Building Code, and other regula-
tions of the Board of County Commissioners of Garfield County.
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
4.
Larry Velasquez.. Chairman
STATE of COLORADO
County of Garfield
At it
tied at dm Court House in Glenwood Springs on ManSAY ,
October
regular ...meeting of the Board
A. D, 19 81, , there was present:
Larry Velasquez
Flaven J. Cerise
of County Commissioners for Garfield County, Colorado,
tine ..t h, day of
, Commissioner Chairman
Commissioner
Eugene "Jim" Drinkhouse Dominic
Steven J. Zwick? Assistant. County Attorney
Cheryl J. Koss? Deputy Clerk of the Board
when the following proceedings, among other were had and done, to•wit:
RESOLUTION NO. 81-308
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION BY GEORGE AND
DOROTHY BAGLEY.
WHEREAS, the Board of County Commissioners of Garfield County has received an application
from George and Dorothy Bagley for a special use permit for a mobile hoe as principal use of
a lot on the following described tract of land:
List 1, Section 5, T6S, R92W of the 6th PM of Garfield County, Colorado
- WHEREAS, pursuant to required public notice the Board conducted a public hearing on the
14th day of September, 1981, upon the question of whether the above described special use
permit should be granted or denied, at which hearing the public and interested agencies and
persons were given the opportunity to express their opinions regarding the issuance of said .
special use permit; and
. WHEREAS, the Board on the basis of the evidence produced at the aforementioned hearing,
has made the following determination of fact:
1.• The proposed use is compatible with the uses existing and permitted in the district
in which it is to be located, provided that certain hereinafter contained conditions be com-
plied with.
2.' That neither the impact on traffic volume and safety or on utilities, or any ether
impact of the special use will be injurious to the established neighborhood or zone district
in which the special use is proposed to be located.
NMI, THEREFORE, BE IT RESOLVED, by the Commissioners of Garfield County, Colorado, that
a special use permit be and hereby is authorized permitting the use of the above described
tract of land for a mobile haste as a principal, use of lot, upon the following specific con-
ditions:
1. That the use of the tract of land comply with all present and future regulations of
Garfield County relating to the location and use of mobile homes in the zone district in
which the property is now or may later be located;
2. That, prior to the issuance of the authorized special use permit, the above described
tract of land shall be severed from any other tract of land upon which there may exist a
principal use, unless such other such principal use has been terminated at the time of the
issuance of the special use permit.
ATTEST:
•>y.
Deputy Clerkfaf they.S-dard
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
• \ a
Chairman `�
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YAP7
LEGAL DOMESTIC WATER — WELL PERMIT SUMMARY
BAGLEY ACCESSORY DWELLING UNIT AND DUTCH MAJOR SUBDIVISION EXEMPTION
Proposed Lot 1
• Includes two existing dwelling units.
• One unit is proposed to be approved as an Accessory Dwelling Unit pursuant to the Bagley ADU Application.
This lot is served by an existing shared welt approved by Well Permit #76688-F. This new well permit
cancelled/replaced Well Permit # 47466 and authorized the well to serve two dwelling units. The new permit is
subject to a contract with the West Divide Water Conservancy District.
Proposed Lot 2
• This lot is currently vacant.
• It is proposed for development with one new single family residence.
This lot is served by an existing domestic well, Well Permit #1172 - A. It also has an existing stock watering well,
Well Permit #30778.
Proposed Lot 3
• This lot is currently vacant.
• It is proposed for development with one new single family residence.
The lot is served by an existing domestic well located on proposed Lot 3 approved by Weil Permit #75924 — F.
This new permit replaced previous Well Permit 475024 — F and approved the well to serve two dwelling units. It
is subject to a contract with the West Divide Water Conservancy District. Easements and shared well
agreements are proposed.
Proposed Lot 4
• This lot has an existing single family dwelling
The lot is served by an existing domestic well located on proposed Lot 3 approved by Well Permit #75924 — F.
This new permit replaced previous Well Permit #75024 — F and approved the well to serve two dwelling units. It
is subject to a contract with the West Divide Water Conservancy District. Easements and shared well
agreements are proposed.
(This summary is based on the Application submittals, Division of Water Resources Documentation, Pre -
Application Meetings and Review by the Garfield County Building and Planning Department).
Form No.
GWS -25
APPLICANT
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
CHARLES A BAGLEY
627 N HAPPY VALLEY ROAD
NAMPA, ID 83687-
EMT
WELL PERMIT NUMBER 75924 -F
DIV. 5 WD39 DES. BASIN MD
Lot: 3 Block Filing: Subdiv: DUTCH MAJOR EXEMPTION
(208) 989-6939
CHANGEIEXPANSION OF USE OF AN EXISTING WELL
APPROVED WELL LOCATION
GARFIELD COUNTY
NE 114 NE 114 Section 5
Township 6 S Range 92 W Sixth P.M.
DISTANCES FROM SECTION LINES
1563 Ft. from North Section Line
1314 Ft, from East Section Line
UTM COORDINATES (Meters Zone:13 NAt383)
Easling: Northing:
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used -in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that
no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action,
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval o(a variance has
been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-99.137(2), ori the condition that this well is operated In accordance with the West Divide Water Conservancy
District Augmentation Plan approved by the Division 5 Water Court in case no, 02CW0123. if this we is not operated In accordance with the
terms of said decree. it will be subject to administration Including orders to cease diverting water. WDWCD contract #110421 CD(a) (amended).
4) Approved for an expansion of use, of an existing wet, constructed on September 24, 2011, to a depth of 97 feet and with a pump being
installed on November 22, 2011, under permit no. 75024.F (canceled). Issuance of this permit hereby cancels permit no. 75024-F.
5) The use of ground water from this wall is limited to fire protection, ordinary household purposes inside two (2) single family dwellings. the
irrigation of not more than 12,1.100 square feet of gardens and lawns, and the watering of twelve (12) head domestic animals. This well is
known as C Bagley Well.
6) The pumping rete of this well shall not exceed 15 GPM.
7) The annual withdrawal of ground water from this well shall not exceed 1.69 acre-foot (550,787 gallons).
8) The return 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.
9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer. and court case number(s) as
appropriate. The owner shall take necessary means and precautions to preserve these markings.
10) A totalizing flowmeter must be installed on this well and maintained in good working order. Permanent records of all diversions must be
maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request.
91) This well shall be located not more than 200 feet from the location specified on this pemtil and at least 600 feet from any existing well.
completed in the same aquifer, that Is not owned by the applicant.
NOTE; This well is to be located on a residential site of 12.723 acre(s) described as lot no. 3, and serving lot nos. 3 & 4, proposed Dutch
Major Exemption, Garfield County.
NOTE: Section 5 is an irregular 'Tall" section. approximately 5700 feel North/South. ,
NOTE Parcel Identification Number (PIN); 23-2179-051-00-040
NOTE Assessor Tax Schedule Number: R200338 (totaling 52.0 acres)0 4c ren 2% /
z
APPROVED
DMW
,Receipt No, 9503544
DATE ISSUED 04-02-2012
By
EXPIRATION DATE
{
ORDER OF THE STATE ENGINEER
IN THE MATTER OF WELL PERMIT NO. 75024•F
APPLICATION RECEIPT NO. 9503452
I.00AT!ON: NE 1/4, NE 1/4, SEC'T'ION 5..FOWNSI-IIP 6 SOUTH, RANGE 92 WEST, 6th P.M.,
GARFIELID COUNTY
(WE)WC'.D CONTRACT r110421 C0(a))
APPLICANT: CHARLES A BAGLEY
THE STATE ENGINEER FINDS:
The well permit was issued on May 2, 2011, with an expiration date of May 2, 2012. A well construction
report was submitted on September 28, 2011, indicating that the well was constructed on September 24,
2011, to a depth of97 feet, and a pump installation and test report was submitted January 30, 2012 showing
that a pump was installed in the well on November 22. 2011, under permit no. 75024-F (WDWCD
ti 1 10421 CB(a)).
On April 2, 2012, the current well owner (Charles A Bagley) submitted an application to expand
the use of the existing well, permit no. 75024-F. The new permit (permit no. 75924-F) allows for the
change of use of the existing well (C Bagley Well) in accordance with the West Divide Water Conservancy
District contract. no. #110421C13(a) (arnended), approved Febnialy 16, 2012.
The well permit is hereby canceled and is dna further force or effect.
Dated April 2, 2012
Dick Wolf
Slate Engineer
RY )4t
Dwight M. Whitehead
Engineering Tech (Ground Water)
CC: 1.)IViSi011
A1)1)ItCant
-dnnvf0751124-F existing urn order rn c,;nr:rl: naery_ Chalks A 04-02.12 do c
w6li) we -4
Ray's Well Done Pump Service, LLC
Ray Latham
January 28, 2012
Attn: Kelly Caves
RE: Well Test @ 1211 C.R. 229/Rifle
On 12/6/2011, a well test was conducted on a well located at 1211 C.R. 229/Rifle. The
following information was obtained:
Approx. Well Depth (according to Well Permit # ) 93'
Casing Size 6" steel X 4.5" pvc
Standing Water Level 69.0 ft.
Total Test Time 24 hours
Draw Down (approx.) 70.2 ft.
Production (at Intake) 15 GPM
Test Pump 3/4 HP
Remarks: The well is more than adequate for a single family dwelling.
The well water level made a full recovery in two minutes. Please see attached report for water
quality as required by Garfield County. If there are any questions regarding this well test,
please contact me at 970-379-8017.
ay's Well Done Pump Service, LLC
70-379-8017
elldoneoumps@gmail.com
c. # 1419
Bax 863
Rife, CO 81650
970-379-8017
wef I d onepumps@gm a i1. cum
Lic, #1419
Jan 25 21)12 12114 flspen San. Laborat;ar5 57015257278 p.1
STANDARD BACTERIOLOGICAL WATER TETT
ASPEN CdISOLUQATED &ANITATION DETFIIOT
0400 SERVOS CENTER DRIVE
ASSN, COLORADO Bili 1
(IR PPM, Ex1.109
PWS 10 Eorp+a Location kegysiii
SAMPLE AKE&DATE% r..WL TIME
ME
SUPPLY
MINTY CAA 4,f," SAM gni it, g* M3�L
1 I COOMUNITY SU PLY ( 1 ROUTINE OISTRIIT ON SYSTEM SUPPLY
I 1 NON COMMUNITY I CHECK SAMPLE i ) PROCESS WATER
I 1 OTHER Puectc RAW { 1 GROUND ( ) SURFACE
yotteNATE ( 1 PEDAL PURPOSE MAPLE
"NNE! IF ALLliFoRMAT1QN leIWT EWPPL[FG, THE MAWtE WNL BE DISCARDED.
REMARKS:
RERAN To 1219. 4I' /IL)eolp
ADDRESS 149 4 air gep3
CiTY,STATE 44, (iJ ?/ 5-0
PHONE FAY 2 t - A2,35.12_-
- SEE INSTRUOT)ONS ON EADX PAGE -
SEEiREYERSE FCR TIME Mr/ATM, €AIEAPLINE1 NSTR11CT1OV8ANO DEFINITIONS.
3rD itno
AalY01�
FO E5
RESULTS
MEA RANE F11.TTR i( 1F.Eg!
m
g
1 ]
$e
°
a
y
51
T
y
OIRC-GT MAT: COLONIES
ADJUSTED CUNT: CCLOz11Eeoga L
TOTAL COLIFQRYA PRE9EHi
FECAL COLIFORM: PRESENT
MEM
LTB Z4
LTA 41
Boilwi
_ I1
X
$
MPN 0DLIFQRAi+10QM1
PRESENCE OF COLIFCRNS MOATS NON.
COMPLIANCE WITH MINIMUM MUNKINR WATER
STANDARDS.
CompSanca L7 Ncn•Ccmpliance 0 Ilivaad
j
e -Hardcopy 2.0
�• Automated Report
MN Mountain Stilt
• CDLJ` B
Technical Report for
Ray's Well Done Pumps, LLC
Bagley Land Split/Subdivision
Accutest Job Number: D30005
Sampling Date: 12/06/11
Report to:
Ray's Well Done Pumps, LLC
PO Box 863
Rifle, CO 81650
welldoneputnps@grnail.com
ATTN: Ray Latham
Total number of pages in report: 11
4
S
Test results contained within this data package meet the requirements
of the National Environmental Laboratory Accreditation Conference
andlor state specific certification programs as applicable.
Client Service contact: Shea Greiner 303-425-6021
Brad Madadian
Laboratory Director
Certifications: CO, 10, NE, NM, ND (R-027) (PW) UT (NELAP CO00099)
This report shall not be reproduced, except in its entirety, without the written approval of Accutest Laboratories.
Test results relate only to samples analysed.
Mountain States • 4036 Youugfield St. • Wheat Ridge, CO 80033-3802 • tele 303.92.5.6021 • fax: 303-425-N59 • llttp:llwww,accutcst.com
iNf: 1 of 11
030005
Accwoct LaE3=1latnrin i is tEac s:1Et nr!E?3ctri[v for Clotho: i iittg cdit% or toodliita ions {S1 ihk
iil3ill31 •enE. I nairihoriled []7odi ric:niiin of Ihis i i3oix iS ;:rictiy pmhFblicli.
Sections:
Table of Contents
-1-
Section 1: Sample Summary 3
Section 2: Sample Results 4
2.1: D30005-!: BAGLEY WELL 5
Chain of Custody 8
2 of 11
133K05
Accutest Laboratories
Sample Summary
Ray's Well Done Pumps, LLC
Bagley Land Split/Subdivision
Job No: D30005
Sample Collected
Number Date Time By
Matrix
Received Code Type
Client
Sample ID
D30005-1 12/06/11 10:05 RL
12/07/11 DW Drinking Water
BAGLEY WELL
2k 3of11
o3o 5 • ....
Section 2
Sample Results
Report of Analysis
of 11
❑30QQ5
Accutesl Laboratories
Report of Analysis
Page 1 of 1
Client Sample ID: BAGLEY WI I.
Lab Sample ID: D30005-1 Date Sampled: 12/06/11
Matrix: DW - Drinking Water Date Received: 12/07/11
Percent Solids: n/a
Project: Bagley Land Split/Subdivision
Total Metals Analysis
Analyte Result MCL RL Units DF Prep Analyzed By Method Prep Method
Antimony 0.00085 0.0060 0.00080mg/1 2 12/08/11 12/08/11 GJ EPA 200.81 EPA 200.8 4
Arsenic < 0.0016 0.010 0.0016 mg/1 2 I2/08/11 12/08/11 GJ EPA 200.81 EPA 200-8 4
Barium 0.021 2.0 0.0040 mg/l 2 12/08/11 12/08/11 GJ EPA 200.8 t EPA 200.8 4
Beryllium < 0.00040 0.0040 0.00040 mg/1 2 12/08/11 12108/11 GJ EPA z00.s 1 EPA 200.8 4
Cadmium < 0.00020 0.0050 0.00020111g/1 2 12/08/11 12/08/11 GJ EPA 200.81 EPA 200.8 4
Chromium 0.0062 0.10 0.0040 mg/l 2 12/08/11 12/08/11 GI EPA 200.81 EPA 200.8 4
Mercury <0.0010 0.0020 0.0010 mg/1 1 12/14/11 12/14/11 JR EPA 245.1 3 EPA 245.15
Nickel 0.0041 0.0040 nig/I 2 12/08/11 12/08/11 GI EPA 200.81 EPA 200.8 4
Selenium 0.0060 0.050 0.00080rng11 2 12/08/11 12/08/11 GI EPA 200.81 EPA 200.8 4
Sodium 248 25 nig/1 50 12/08/11 12/00/11 GI EPA 200.8 2 EPA 204.0 4
Thallium <0.00040 0.0020 0.00040 tng/1 2 12108/11 12/08/11 GJ EPA 200.81 EPA mils 4
Uranium 0.024 0.00040mg/1 2 12/08/11 12/08/11 GJ DA 200.81 EPA 200.8 4
(1) Instrument QC Batch: MA2036
(2) Instrument QC Batch: MA2038
(3) Instrumnent QC Batch: MA2049
(4) Prep QC Batch: MP6428
(5) Prep QC Hatch: MP6465
RL = Reporting Limit
MCL = Maximum Contamination Level (40 CFR 141)
•
r)
5of11
t.srF0r
[130005
Accutest Laboratories
Report of Analysis
Page 1 of l
Client Sample 1D:
Lab Sample M:
Matrix:
Project:
BAGLEY WE1.1.
D30005-1
DW - Drinking Water
Bagley Land SplillSubdivision
Date Sampled: 12/06/11
Date Received: 12/07111
Percent Solids: n/a
General Chemistry
Analyte •
Cyanide, Total
Fluoride
Nitrogen, Nitrate
Sulfate
Result MCL Units DF
0.0050 0.20 mg/1 1
1.2 4.0 mgll 1
0.91 10 mg/1 2
24R mg/1 10
Analyzed By Method
12/16111 JK
12/14111 Cl
12/07111 11:06 ]'ML
12/07/11 11:21 TML
SM20 4500CN E
SMO 4509E C
EPA 300
EPA 300
MCL = Maximum Contamination Level (40 CFR 141)
B of 11
.tacc� rrt. r
030DOS
1
.30 La ion "a
Misc. Forms
Custody Documents and Other Forms
Includes the following where applicable:
• Chair: of Custody
7of11
030005
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LABORATtr111E4
CHAIN OF CUSTODY
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D30005: Chain of Custody
Page 1 of 4
8of11
■
.ACJCLJT ST
A cc uteat Job Number: D30005
DateDate I Time Received: 1217/2011 10.00:00 AM
Project: BAGLEY
Accutest Laboratories Sample Receipt Summary
Client:
cooler Security Y or N
1. Cuatedy Seals Present: ® 0
2. Custody Seals Intact: l C]
Cooler Temperature
RAY'S _....:___-._..
No, Coa€era:
Y or N
3. CDC Present. ® El
tai
4. SmplDates/fim, OK
Yor N
1 Temp criteria achieved:
2. Cooler lamp verfflcatiarc _ _ kriyed gi
3. Coater media. Ice {bag)
Qaalty Control Preservation Y nr H tylFj
1. Trip Blank present/ cooler.
2. Tttp Blank listed an COC:
3. Samples preaerg/ d property:
4. VOCs heads pace free!
Comments
Accaleattztoncories
V OM) 425.602 1
immediate Client Services Action Required; No
Client Service Action Required at Login: No
AirbifCc: FEDEX
Sample integrity - DgcurnentatioR
1. S ample tape Fs presort on holies:
2. Ccrrtarner labeling mmpieta:
3. Semple container labs:I COG agree:
S•aln ale Inteadty - Condition
Bron
1. Sample recedwithn HT:
2. All containers accoutred for
3. Condition of sample:
Sam phi hien rite - Ins EructIfxlf e
1. Analysis requested Is clear.
2. Battles received for unspecified tests
3. Sufficientve We reed for anetysis:
4. C omens tang instructions clear-
5. Filtering instruciiens clear:
4015 Yourerea svees
f 13031475.6111
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Page 2 of 4
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CHAIN OF CUSTODY
Accotest Jeb it: 1330005X
4636 Yotaggleld 3t., wt.eat Wm, CO 89033 IAecutest Or .ta r: 0
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13305
LABORATORIES
htausnlat onorcioncs k your iadependenc.
third -party analytical testing faporyt6ry
To: Accutest Mountain Slates (AMS)
4036 Youngfre[d St.
Wheat Ridge CO 80033
Am; Renee Jackson
TEST REPORT
ACCUTEST
Date Received: 12f712011
Date Reported: 1218!201 l
PO Number. D30005X
Note: Sample test procedures conform to EPA 40CFR141 requirements.
Test Ana lysit
Lab No. Sample Deseriplion Method Result Uri is MDL Date/By
i :120910.01 A D3X055f-I. "Tafal Con Conn Present for Gil
I216/l1,10:05arn total
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4 r .,,'founr,field Street . Wheat Rldge.Cotprddo 50033.',3931287.469; . (KB) 287.04b4 PAX . wvminflustrtatiabszkat
8rerlp[afAndo:* ack aMedlies it,* terra and mn'Sitenl.wNd M Ile Solmo xwwwJfl WvAaCs.r,
TM. neon!! h.w=to be repredr.cadln wl.ela or tw part for a dvanlemy purpvaes Mrhant**pining*PK written oxthorkarlon.
Ray's Well Done Pump Service, LLC
Ray Latha m
April 24, 2012
Attn: Kelly Caves
RE: Well Test @ 6044 C.R. 233/Silt (George Bagley well)
Permit # 1172-A
On 4/22/2012, a 24 hour well test was conducted on a well located at 6044 C.R. 233/Silt. The
following information was obtained:
Approx. Well Depth (according to Well Permit #1172-A) 120'
Casing Size 7" steel X 4.0" pvc
Standing Water Level 13.6 ft.
Total Test Time 24 hours
Draw Down (approx.) 61.1 ft.
Production (at Intake) 3 GPM
Test Pump 1/2 HP
Remarks: The well is adequate for a single family dwelling with cistern storage.
The well water level recovered to 14.3 ft. in a 24 hour time frame. Water quality report is
currently being processed by Accutest Labs. A full report will be provided as soon as
available. If there are any questions regarding this well test, please contact me at 970-379-
8017.
Sincerely,
Ray Latham
Ray's Well Done Pump Service, LLC
970-379-8017
welIdonepumpsggrnail,cry;ri
Lic. # 1419
P.O. Box 863
Rifle, CO 81650
976-379-801?
welldanepumps@gmail.com
Lic. #1419
.+ r
Farm C(Rev.)
-1 -56/2.5M
r
Applicant
P.O. Address
Quantity applied for
STATE OF COLORADO
APPLICATION FOR USE OF GROUND WATER
Used for
1 an/at
m or
AF Storage
AP7414110.24"CelPurposes
(IegaT description of land site, )
Total acreage irrigated and other rts.
k;STIMATE
Hole size�;4
ATA OF'WE
n. to
in. to
EiRIWE
MAY 131958
GROUND WATER SECT.
LO ATIO N OF WELLcoLORRDO
,moi county " , 4,1 STATE ENGINEER
jNE 4, 'Jfl t, Sect. , Twp j 3
I Rge.72 , 644, P. M. OR
Casing: Plain ?n. from J to ft.
hi.- from to t_
perf."in, from to fin. from to t.
•
PUMPy . . �.
ype, z .rsepower,, Disc : rge size.
Use initiation date t 7
.(Use Supplemental pages for additlobal da y
THIS APPLICATION APPROVED
DATE
NO.
j Z , 11^1
Town or Subdivision
N
VAIL
E
s
$25.00 fee required for Industrial,
Commercial or Irrigation uses.
Applicant C.
,,,� :: r C
Agent
r.•
Form No.
GWS -25
APPLICANT
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES "n `'f'
818 Centennial Bldg., 1313 Sherman SI-, Denver, Colorado 80203
(303) 866-3581
GEORGE E BAGLEY
6044 COUNTY ROAD 233
SILT CO 81652-
EXST
WELL PERMIT NUMBER 76688 -F
DIV. 5 WO 39 DES. BASIN MD
Lot:
1 Block:
Filing: 5ubdiv: DUTCH MAJOR EXEMPTION
(970) 309-8349
CHANGE/EXPANSION OF USE OF AN EXISTING WELL
APPROVED WELL LOCATION
GARFIELD COUNTY
NE 1/4 NE 114 Section 5
Township 6 S Range 92 W Sixth P_M.
DISTANCES FROM SECTION LINES
123 Ft. from North Section Line
900 Ft. from East Section Line
UTM COORDINATES (Meters,Zone:13,NAD83)
Easting: Northing:
i)
2)
3)
4)
5)
6)
7)
8)
9)
10)
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that
no injurywill occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action.
The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has
been granted by the State Board of Examiners of Water Well Construction and Pump installation Contractors in accordance with Rule 18.
Approved pursuant to CRS 37-90-137(2), on the condition that this well is operated in accordance with the West Divide Water Conservancy
District Augmentation Plan approved by the Division 5 Water Court in case no. 020W0123. If this well is not operated in accordance with the
terms of said decree, it will be subject to administration including orders to cease diverting water. WDWCD contract #120816GB(a).
Approved for an expansion of use of, an existing well, constructed on July 21, 1972 to a depth of 62 feet, and with a pump being installed
July 21, 1972, all under permit rlo. 47466 (canceled). Issuance of this permit hereby cancels permit no. 47466.
The use of ground water from this well is limited to ordinary household purposes inside two (2) single family dwellings, the irrigation of not
more than 12,000 square feet of gardens and lawns, and the watering of five (5) domestic animals_ This well Is known as GE Bagley Well (aka
Lot no. 1, Domestic Well).
The pumping rate of this well shall not exceed 15 GPM,
The average annual amount of ground water to be appropriated shall not exceed 1.49 acre-foot (485,516 gallons).
The owner shall rnark the well in a conspicuous place with the well permit number and name of aquifer as appropriate, and shall take
necessary means and precautions to preserve these markings.
This well shall be located not more than 200 feet from the location specified on this permit.
A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be
maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request.
NOTE: This well is to be located on a residential site of 20.51 acre(s) described as tot 1, Dutch Major Exemption, Garfield County_
NOTE: Section 5 is an irregular "Tall" section, approximately 5700 feet North/South.
NOTE: Parcel Identification Dumber (PIN): 23-2179-051-00-040
NOTE: Assessor Tax Schedule Number: R200338 (totaling 52.0 acres)
i77;7/21 zyz
APPROVED
MAW
,Receipt No. 9503616
State Engine r By
DATE ISSUED 09-11-2012
EXPIRATION DATE
August 16, 2012
WEST DIVIDE
WATER CONSERVANCY DISTRICT
Mr. George E. Bagley
6044 County Road 233
SiIt, CO 81652
Dear Mr. Bagley
818 Taughenbaugli Blvd., Suite 101 P0. Box 1478
1118; Colorado 81650-1478
Tel: (970) 625-5461 Fax: (970) 625-2796
Web: www.wdwcd.org Email: water&vdwcd.org
Enclosed is approved contract # 120816GB(a). PIease read the contract carefully if you have not already done so, but please
especially note paragraph 2 concerning availability of water.
West Divide obtains its augmentation water from a number of sources and operates its water supply program pursuant to a
Temporary Substitute Supply Plan (TSSP) approved annually by the State Engineer's Office. TSSPs are common for water
conservancy districts and West Divide has operated pursuant to a TSSP for several years with no significant reliability issues.
Federal policy relating to endangered species, environmental concerns, and forces of nature are always such that no source of
water can be guaranteed during any season or from year to year. Further, the State Engineer's Office periodically reviews the
geographic area served by West Divide and has recently made a decision to reduce West Divide's Area A Service Area. While
your structure is currently located within the West Divide Area A Service Area, the Division Engineer's Office could make
another adjustment to the Service Area in the future and your structure could fall outside the Service Area and be subject to
curtailment by the State Engineer's Office.
West Divide continues to make good -faith efforts to obtain alternative long-term supplies in an effort to make reliable and
predictable the water supply anticipated by your contract with us. West Divide also continues to make good -faith efforts to
maintain its existing TSSP and keep its Area A Service Area intact. For most years, we expect to be successful in these efforts.
This water allotment contract may require you to obtain a well permit from the State Engineer's office. Once your well
is drilled you are required to install a measuring device and submit a meter reading to West Divide, upon request.
Non-compliance with measuring and reporting requirements are grounds for cancellation of your water allotment
contract with West Divide. This could result in action by the State Engineer which could prevent your further use of
Your well.
Sincerely yours,
ddtlt Maddock
Enclosure
rliad
cc Division No. 5 Water Resources wlenclosure
Kerry D. Sundecn, Hydrologist wlenclosure
Samuel B. Potter, President Kelly Cauey, Vice President Robert J, Zanella, Secretary Bruce E. Wampler, Treasurer Dan R. Harrison, Director
This meter head has one dead zero
5o it reads 10, 20, 30 etc. Each
Sweep of the hand is ten gallons.
Remote reads every 100 gallons.
The first two zeros don't move,
They are considered dead.
IH 15 FE/N.611,.. (5
T 5A.kii) GA,-1--01\15-
The
Au JS
The head reads every ten gallons
While the dial reads it to the flow
Of zero to ten gallons.
m/D A/JD 1Ab "T( -C obomE-rte.
s Hod
000357]
This reading is thirty five thousand seven hundred ninety gallons.
Specification Sheet
Description
Operation. The C700 is an oscillating piston style, positive dis-
placement water meter. The product utilizes a piston that water
use rotates in a measuring chamber, each piston revolution
being equivalent to a known volume of water. The piston move-
ment is transferred by a magnetic drive to a straight reading
sealed register which contains the appropriate reduction gearing.
Compliance to Standards. The C700 fully complies with
American Water Works Association Standard C700, latest revi-
sion, and is California Department of Weights and Measures
approved. C700 low -lead bronze models are NSF -61 certified
and comply with California Proposition 65.
Installation. The meter must be installed in a clean pipeline,
free from any foreign materials_ lnstatl the meter with direction
of flow as indicated by the arrow cast in the meter case. The
meter may be installed in horizontal, vertical or inclined Iines.
Application. The meter is for use only with POTABLE COLD
WATER up to 120°F (50°C) and working pressures up to 150
psi. The meter will register between 98.5% and 101.596 at nor-
mal and high flows and between 97% and 101% at the AWWA
specified low flow. Accuracy tests are made before shipment, so
no adjustments need to be made before installation.
Construction. The meter consists of a straight through -clow
main case, dual inlet measuring chamber, vertically grooved
oscillating piston, high capacity strainer, removable bottom plate,
full rubber liner, body bolts with integral washers and a magneti-
cally driven register. The main case is cast in waterworks or
low -lead bronze with raised characters designating model, size
and direction of flow. A choice of polymer, cast iron, waterworks
or tow -lead bronze bottom plate is available. The 2 -piece snap -
fit measuring chamber is of a top and bottom inlet, side output
design and features a unique self -flushing sediment well.
Printed on recycled paper
C700 Positive Displacement Meter
Waterworks or Low -Lead Bronze, Magnetic
Drive, Externa! Threaded Spuds
Size; 314" x 3/4", 314" x 314"S & 314" x 1"
Specifications
Sizes
85'/-101% Pcoracy GPM
97%- 101% GPtvt
93.5%-101.5°6 AciaracyGPM
Continuous Flow GPM
Maximum Flow GPM
Operating Pressure psi
Operating Temperature °F
Sween Hand Reaisters:
US Gallons
Cubic Feel
Cubic Meters (Canada)
Cubic Meters (Intl.)
3/4" x 3/4" 314" x 314"S
114 1/4
1(2 1/2
2-36 2,30
15 15
30 30
150 150
120 120
acit of Re ister mg.ons
LIS Gallons
Cubic Feet
Cubic Meters (Canada)
Cubic Meters (Intl.)
Register Tvoe:
Materials:
Mein Case
Bottom Plate Options
Bottom Gasket -Liner
Body Bolls
Measuring Chamber
Division Plate
Piston
Thrust Bearing Insert
Driving Bar
Strainer
Register Can
Register Lens
Register Housing and Lid
10
1110
11100
10
1
1/10
1/10
10
1110
1/100
10
1/10
1/10
314"x1'
1/4
1/2
2-30
15
30
150
120
Permanently sealed direct reading
10
1
1/10
1/100
10
1
1/10
1/10
Standard waterworks or optional low -
lead Bronze
Waterworks or low-tead Bronze, Cast
Iron or Polymer
Nitrile
Stainless Steel
Compounded Polymer
Loaded Nylon
High Impact Polymer
Loaded Nylon
Loaded Nylon
Polypropylene
90% Copper Alloy
Tempered Glass
Polymer or Bronze
Represented By
DODSON ENGINEERED PRODUCTS, INC.
0033 Morand Rd. P.O, Box 248 AmicGLENWOOD SPRINGS, COLO. 81602
(970) 945-2233
Types of Meters
Positive Displacement (disc, piston) are well suited to residential and
other applications where lower flow rates can be expected.
Turbine or current type meters are specified where low flow is of little
concern and where higher volumes of water are used. Measuring well
output or as master supply meter are typical uses. Sand and sediment
have little effect on turbines which is important to consider if metering
unfiltered raw water containing any sediment. They have a higher capacity
than a PD meter of the same size. For accuracy, turbines need to be
installed horizontally with straight pipe equal to at least 5 times the pipe
diameter before the meter and 2 times the diameter after the meter.
Compound meters are two meters in one. Usually a combination of
positive displacement and current type meters from a design standpoint
and satisfy a need for accuracy for very tow flows as yell as high flows.
They are also the moss expensive of the three.
MCDONALD METER TAIL PIECE
SERIES# SIZE THREAD
4620 f11 X'h h' NPT
4620 114;$18 314 114" HP
4620 1 1' NPT
Nll�ltiie M�#ers *
• Better design for turbid
conditions
• Flow measurement capability
with remote output option
if your positive displacement
meters are prone to getting
clogged with smatl particles,
muitijet meters may offer a
solution to your problem.
Muitijets share some
characteristics with turbines in
that their rotors will allow small particles like sand to pass. They will function
better than positive displacement meters in sandy or coastal areas or where
line breaks occasionally allow debris to enter the line.
Bronze bodies are equipped with frost plugs. These meters meet or exceed
all sections of AWWA Siandard G-708. Rotors are equipped with sapphire
bearings for long life. Magnetic drive provides linkage between measurement
element and register so that no part of the gear train is exposed to wafer. and
a built-in 360° strainer protects the measurement element.
Note that a short version of the 31, size is offered that wilt fit in Sia x 1I setters
but will provide the capacity of a full'!I meter. The remote read units utilize a
switch contact instead of generating a low voltage purse to actuate the
remote. Unlike meters wilh pulse remote outputs, the counter's unit of
measurement corresponds to that on the meter head (10 gal increments
Through 1" and 100 gal. increments for 11/z" and 2" meters). The
environmentally sealed remote contains a lithium battery that is capable of 10
to 15 years of operation and can be mounted up to 500' from the meter.
Straight Meter
Installation
Couplings
Swivel nut x NPT thread. Nut is
drilled for wire seal. Tall piece
ribbed for easy grip. Rubber
washer included. Order two meter
couplings for each meter to be
installed.
STOCK IT
48814
48816
48816
EACH
62.14
3.97
6.34
QTY 12.
53.38
4.02
5.73
• READ THIS
;BEFORE YOU
;. , ORDER •
Counters listed here are non -reset. Resettable counters are available and are
listed separately in this section with meters equipped with !•contact per
gallon registers used for flow measurement and batching as well as
totalizing.
NEW METERS
DIRECT READ( DIRECT READ
LAYING GALLONS CUBIC FEET
STOCK # STOCK # EACH OTY 10+
SIZE LENGTH
Sig X 112
'19x3(4
311 (SL)
111(REGDLARf
1 '12 FLC
7'12"
711:"
73h"
9"
101/' "
13"
67854 87855 S 40.69 6 38.61
67857 67856 40.69 38.61
67861 67858 60.58 57.49
67859 67860 74,14 70.35
67882 67863 104.89 99.53
67864 67865 253.18 24n 2e
Meter Installation Guid+a,
Threaded Meters (THRD) III. 1"
To Install a threaded meler, you will need a meter seller, with mete
nul9 OR 2 meter couplings (below) which are supplier! with NPT mi
I1-uead. Meter thread cannel be connected directly Ea NPT fittings.
METERING & FLOW
NEW WATER METER
New Neptune T -1O
PosJti Le Displacement
Meters
The remote read unit for Sia"through 1" meters
registers 100 gallons (or 10 cu. ft.) for each pulse
received from the meter. For 1'li" and 2" meters•
each pulse registers 1,000 gallons (or 100 cu. f1.)
DIRECT READ • GALLONS
ENDI
SIZE #BOLTS STOCK # EACH QTY 10+
VI x'h THRD
VI x )k THRD
11+ THRD
1 THRD
1'h FL12
2 FLJ2
69118
69119
69120
69121
69122
69123
5 38.79
38.79
76.79
119.58
285.73
420.76
6 36.85
36.85
72.95
113.60
271.45
399.72
DIRECT READ • GALLONS
END/
6175 A'60Lrs STOCK # EACH
'116 'h THRD
SII x
314 THRD
311 THRD
1 THRD
1 F1.12
2 FL'2
69072 631.03
69073 31.03
69074 76.79
69075 119.58
69076 285.73
69077 420.76
'.arinecling wire nal included
QTY 10+
5 29.48
36,85
72.95
113.60
271.45
399.72
WITH REMOTE READ'
STOCK # EACH QTY 10+
69060 $ 75.27 3 71.50
69061 75.27 71.50
69062 118.04 112.14
69063 164.92 156.67
69064 351.89 334.30
69065 504.01 478.81
WITH REMOTE READ'
STOCK 4' EACH OTY 10+
69066 6 67.91 5 71.50
69067 67.91 71.50
69068 101.24 112.14
69069 137.26 156.67
69070 309.92 334.30
69071 436.46 471.68
2' Turbine
New Neptune Turbine Meters
DIRECT READ GALLONS WITH REMOTE READ'
SIZE OVERALL STOCK 0 EACH STOCK # EACH
2" 10"
3" 12"
4" 14"
6" 16"
B" 20"
69125
69078
69079
59000
69081
5 443.04
824.00
1,16327
2216.24
3,328.00
69105
89106
69107
59108
69109
$ 528.91
664.96
1,206.19
2,267.23
3,411.20
'2'. 3" & 4" mefers pulse every 10,400 gallons: 6' and 8' pulse every 100,000 galleris.
DIRECT READ CUBIC FEET WITH REMOTE
SIZE OVERALL STOCK # EACH STOCK R
11680-
EACH
r 10" 69083 5443.04 69112 $ 528.91
3" 12" 89084 624.00 69113 664,96
4" 14" 69085 1,095.12 69114 1,206.19
64 18" 69086 2,218.32 69115 2,267.00
0" 20" 69067 3,328,08 69118 3,411.20
"2; 3"& 4"771eters else eve 1, 040 eubri: feet rarer ulse ever IO.000 cubic Ieel-
APPLICATION TO LEASE WATER FROM
WEST DIVIDE WATER CONSERVANCY DISTRICT
818 Taughenbaugh Blvd. #10I, P. O. Box 1478, Rifle, Colorado 81650
1. APPLICANT INFORMATION
Name: George E. Bagley
Mailing address: 6044 County Road 233
Silt, CO 81 652
Telephone: 970-3098349
Authorized agent:
Email: kbaglay73@gmail.com
(Kathy Bagley)
2. COURT CASE #s: Decree Case No.
Augmentation Plan Case No.
3. USE OF WATER
RESIDENTIAL
Number of main residences: 2 No. ADU's
Subdivision: No. constructed units: No. vacant lots
Home garden/lawn irrigation of 12000 total sq. P.
Method of irrigation: flood sprinkler x other
Non-commercial animal watering of 5 animals
Fire Protection
Evaporation: Maximum water surface to be exposed:
Description of any use, other than evaporation, and method of
diversion, rate of diversion, and annual amount of diversion of any
water withdrawn from the pond:
Well SIuuhrg Agreement for multiple osvner wells roust be submitted. If
greater 'hair two owners, application must he nitrile under rr homeowners
association.
COMMERCIAL
Number of units: Total sq. ft. of commercial units:
Description of use:
INDUSTRIAL
Description of use:
Evaporation: Maximum water surface to be exposed:
Description of any use, other than evaporation, and method of diversion,
rate of diversion, and annual amount of diversion of any water withdrawn
from the pond:
DIRECT PUMPING
Tributary:
Location:
4. SOURCE OF WATER
Structure: Well Structure Name: G E Bagley Well
Source: surface storage ground water x
Current Permit # 47466 (attach copy)
Contract #120816GB(a)
Map #653
Date Activated: 8/16/12
5. LOCATION OF STRUCTURE
Garfield
NEV4 NE114
County
5
Section
Quarter/quarter
6
Township
Distance of well from section lines:
92W
Range
Quarter
Bth
P. M.
Elevation: 6000
Well Iocatioa address: 6044 County Road 233, Silt
{Attach additional pages for►rnrltiple structures)
6. LAND ON WHICH WATER WILL BE USED
(Legal description may be provided as an attachment.)
Approximately 20,5 acres of Lot 1, 55, T6S, R92 W
Number of acres in tract: 20.5
inclusion into Me District. at Applicant's expense, may be required.
7. TYPE OF SEWAGE SYSTEM
Septic tank/absorption leach field_ x_ Central System Other
District name:
8. VOLUME OF LEASED WA'F'ER NEEDED 1N ACRE FEET:
One _ (minimum of I acre foot except augmentation
from Alsbury Reservoir where a lesser amount is allowed)
Provide engineering data to support volume of water requested.
Comenerciol, municipal, and industrial users crust provide diversion and
consumptive data on 0 rrrnrrllrlr basis.
t toioliziagflow ureter with remote readout is requited to Ge installed
and usage reported to Ifest Divkk.
:Indicant pplicant expressly acknowledges it Inas had the of portu►ritJ to review
the District's .forrn Water Allotment Couturc, and agrees this application
is made pursuant and subject to the terms and conditions contained
therri►r
f-2
fir
Applicant Signature
Application Date: ? b -
ISSUED AS AREA B CONTRACT
YES x NO
Printed portions of this form, except differentiated additions or deletions, have been approved and adopted by the West Divide Water Conservancy District.
Form : WDWCD 20D9 APPLICATION
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
NOV
DEC
TOTAL
APPLICANT:
1
WATER USE ESTIMATES
COLORADO RIVER SERVICE AREA
WEST DIVIDE WATER CONSERVANCY DISTRICT
106610EJ
DWELLING UNITS:
IRRIGATED AREA (SQ FT):
COMMERCIAL AREA (SQ FT):
NO. OF LIVESTOCK:
ELEVATION (MSL):
2
3
(5)
6
Contract Amount w/ 5% Transit Loss = 0.73 acre feet
7
(9)
Transit Loss= 5.u%
10
11
12
Unit Value:
Irrigation
Diversion
(ft)
Unit Value:
Irrigation
C.U_
(ft)
In House
Diversion
(AF) _,
In House
C.U.
(AF)
Commercial
Diversion
(AF)
Commercial
C.U.
,_ (AF)
irrigation
Diversion
(AF)
irrigation
C.U.
(AF)
Livestock
Diversion &
C.U.
(AF)
Total
Diversion
(AF)
Total
C.U.
(AF)
Total
Contract
Amount
(AF)
0.07
Q 01
0.00
0.00
0.00
0.00
0.01
0.075
0.015
0.016
0.06
0.01
100
0.00
0.00
0.00
0.00
0.068
0.014
0.014
0.07
0.01
0.00
0.00
0.00
0.00
0.01
0.075
0.015
0.016
0.049
0.039
0.06
0.01
0.00
0.00
0.01
0.01
0.01
0.087
0.025
0.027
0.364
0.291
0.07
0.01
0.00
0.00
0.10
0.08
0.01
0.181
0.095
0.100
0.526
0.421
0.06
0.01
0.00
0.00
0.14
0.12
0.01
0.225
0.131
0.137
0.568
0.454
0.07
0.01
0.00
0.00
0.16
0.13
0.01
0.240
0.140
0.147
0.445
0.355
0.07
0.01
0.00
0.00
0.12
0.10
0.01
0.204
0.113
0.119
0.316
0.253
0.06
0.01
0.00
0.00
0.09
0.07
0.01
0.164
0.084
0.089
0.081
0.065
0.07
0.01
0.00
0.00
0.02
0.02
0.01
0.099
0.033
0.035
0.06
0.01
0.00
0.00
0.00
0.00
0.01
0.073
0.015
0.015
0.07
0.01
0.00
0.00
0.00
0.00
0.01
0.075
0.015
0.016
2.349
1.879
0.78
0.12
0.00
0.00
0.65
0.52
0.06
1.557
0.697
0.732
(1)
(2)
(3)
(4)
(5)
(6)
80% irrigation efficiency for sprinkler systems
Blaney Criddle assessment with Pochop adjustments
350 gallons per day per residence
15% consumptive use far 1505 systems
200 gallons per day per 1000 sq It of commercial space
15% consumptive use for ISDS systems
(7)
(8)
(9)
(10)
(11)
(12)
Column (1) " irrigated area in acres
Column (2) " irrigated area in acres
Livestock use at 11 gallons per head per day
Column (3) + Column (5) + Column (7) 4 Column (9) plus 5% transit loss
Column (4) + Column (6) + Column (8) + Column (9)
Column (11) plus 5% transit loss
Confidentiality Notice: This spreadsheet, including all attachments, is for the sole use of the intended recipients and may contain confidential and privileged information.
My unauthorized review, use, disclosure, copying, distribution or action taken in reliance on the contents of the information contained in this spreadsheet is strictly prohibited.
Thank you.
2008 Colorado River Water Use Estimates.xls
Name of Applicant:
Quantity of Water in Acre Feet:
Contract #120816GB(a)
Map #653
Date Activated: 8/16/12
WEST DIVIDE WATER CONSERVANCY DISTRICT
WATER ALLOTMENT CONTRACT
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. 1973, Section 37-45-101, et sea.. (hereinafter referred to as the "District") for an allotment
contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this Contract
and the attached Application, Applicant hereby agrees to the following terms and conditions:
1. Water Riehts: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert
water, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through 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 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 during 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 I7istrict's sources. Any quantity allotted will only be provided so Iong as water is available and the Applicant fully complies with alt of the
terms and conditions of this Contract. The District and the Applicant recognize that some of the District's decrees may he 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 determines it requires less water than the amount herein
provided, Applicant may so notify the District in writing, and the amount of water allotted under this Contract 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 Beneficial Use: Any and all water allotted Applicant by the District shall be used for
the following beneficial use or uses: industrial, municipal, domestic and related uses, or commercial (except for commercial use from Alsbury
Reservoir and 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. 2-07-70-W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water
allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control.
4, Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, Green Mountain
Reservoir, Alsbury Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the
Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said 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
1
Mountain Reservoir shall be subject to the District's Iease contracts with the United States Bureau of Reclamation. Releases from other facilities
available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby
expressly reserves the right to store water and to make exchange releases from stnictures 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 the water supplies of the District. Such
reversion shall not entitle Applicant to any refund of payment made for such water.
Water service provided by the District shall be limited to the amount of water available in priority at the original point of
diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any 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.
Water service provided by the District for properties Iocated within the Bluestone and Silt Water Conservancy Districts is
provided pursuant to Agreements with said Districts. The Intergovernmental Agreement between the District and the Silt Water Conservancy
District, dated January 25, 200I, is recorded as Reception No. 575691, Garfield County Clerk and Recorder's Office. The Intergovernmental
Memorandum of Understanding between the District and the Bluestone Water Conservancy District, dated April 26, 2001, is recorded as Reception
No. 584840, Garfield County Clerk and Recorder's Office.
5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's
water rights or storage water 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 to 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. Applicant 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 agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works
and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicants intended beneficial use.
Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the
District based upon the amount of water allotted under this Contract.
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 19 below, In 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 adjudication thereof.
6. Contract Payment: Non-refundable, one time administrative charge, in the amount determined by the Board of
Directors of the District from time to time, shall be submitted with the application for consideration by the District.
2
Annual payment for the water service described herein shall be determined by the Board of Directors of the 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 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 January 1, If an annual
payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will he 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 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.
If payment is not made within fifteen (15) days after the date of said written notice, Applicant shall at District's sole option have
no further right, title or interest under this Contract without further notice, and delivery may be immediately curtailed. The allotment of water, as
herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District.
Upon cancellation of this water allotment Contract 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.
7. 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 engineering costs incurred in connection with any
water rights and adjudication necessary to allow Applicant's use of such allotted water rights.
8. Assignment: This Contract shall not inure to the benefit of the heirs, successors or assigns of Applicant, without the
prior written consent of the District's Board of Directors. Any assignment of Applicant's rights under this Contract shall be subject to, and must
comply with, such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract
obligations by assignecsand successors. Nothing herein shall prevent successors to a portion of Applicant's property frorn applying to the District
for individual and separate allotment Contracts. No assignment shall he recognized by the District except upon completion and filing of proper
forms far assignment and change of ownership.
In the event the water allotted pursuant to this Contract is to be used for the benefit of land which is naw or will subsequently be
subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunder to: 1) No more than three separate
owners all of whom shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association, water district, water
and sanitation district or other special district properly organized and existing under the laws of the State of Colorado, and then, only if such
parties, association or special district establishes to the satisfaction of the District that it has the ability and authority to perforrn the Applicant's
obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this
Contract have any rights hereunder, except as such rights may exist pursuant to a well sharing agreement or through a homeowners association or
special district as provided above.
Upon the sale of the real property to which this Contract pertains, Applicant shall make buyer aware of this Contract and proper
forms for assignment and change of ownership must be completed.
3
9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the 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 "Operation and Maintenance Agreement" with
the District udder 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, re -approve or disapprove any proposed change in
use of the water allotted hereunder. Any use other than that set forth herein or arty Icase or sale of the water or water rights allotted hereunder
without the prior written approval of the District shall be deemed to be a material breach of this Contract.
12. 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 is executed, or in any operation and maintenance agreement provided by Applicant. Any use
other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed
to be a material breach of this agreement.
13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal
fee title interest in or to any water or water rights referred to herein.
14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water
rights herein, and hereby agrees to be hound by any conservation plan adopted hereafter by the District for use of District owned or controlled
water or water rights.
15. Restrictions: Applicant shall restrict actual diversions to not exceed the contract amount for ordinary household
purposes, the watering of domestic livestock, fire protection, and the irrigation of lawn and garden as specified in the Application.
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 to be used for commercial purposes unless
Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering, provided that in no event shall
actual diversions exceed the amount of water provided by this Contract.
Violation of this paragraph 15 shall be deemed to be a material breach of this Contract.
16. Wel[ Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of
Applicant's valid well permit before District is obligated to deliver any water hereunder.
17. Measuring Device or Meter: Applicant agrees to provide, at its own expense, a measuring device deemed acceptable
by the District's Engineer after consultation, or a totalizing flow meter with remote readout to continuously and accurately measure at all timesall
4
water diverted pursuant to the terms of Applicant's water right and the terms of this Contract. Applicant agrees to provide accurate readings from
such dcviceor meter to District upon District's request. Applicant acknowIedges that failure to comply with this paragraph could result in legal
action to tiertninate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, Applicant
hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours for the
purposes of determining Applicant's actual use of water.
18. Representations: By executing this Contract, 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 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. 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 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. Applicant shall be assessed a pro -rata share of the total cost incurred by the District in preparing, filing and pursuing to decree the
water court case. The pro -rata share shall be calculated by dividing such total cost by the number of contractees included in the filing. To the
extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicant's Contract in the fling,
such additional costs may be charged specifically to Applicant and not shared on a pro -rata basis by all contractees.
20. Binding Agreement: This agreement shall not be complete nor binding upon the District unless attached hereto is the
form entitled "Application to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the
District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. All correspondence from the
District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terms and conditions
of this agreement.
21. Warning: 1'!' l S TI IF: SOLE RESPONSIBILITY .ITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR
OH I ER WATER RIGTFI IN ORDER TO DIVERT WATER, INCLUDING TI IE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE
CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF TI IF. WELL PERMIT OR WATER RIGHT INCLUDING
FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING S'T'ATEMENTS OF BENEFICIAL USE, OR
OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE.
22. AREA B. CONT'RACT'S: IF APPLICANT'S WELL OR OTHER WATER RIGHT THAT 15 THE SUBJECT OF
THIS CONTRACT I5 LOCATED OUTSIDE "AREA A" AS DESIGNATED BY 'HIE DISTRICT, THEN THIS PARAGRAPII APPLIES: 'I'IIE
AUGMENTATION WATER PROVIDED 13Y THE D1S'SRlC1' UNDER THIS CONTRACT MAY ONLY PROTECTAPPLICANT"S WATER
RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT" FROM A CALL. FROM ANY OTHER
5
SENIOR RIGHT. NO REPRESENTATION OTHERWISE IS MADE BY THE DISTRICT. IF THIS ISA CONCERN TO APPLICANT, THIS
CONTRACT MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT WITHIN THF
NEXT 30 DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT IN WHICH EVENT ALL SUMS PAID BY
APPLICANT FOR THIS CONTRACT SHALL BE IMMEDIATELY REFUNDED TO APPLICANT.
STATE OF 0.,5Dt L7 roA. 6 )
ss.
COUNTY OP al -%1; k
The foregoing instrument was acknowledged before me on this o day of G st{ '[`(I by
cl;�' ■r
Q ('!y� ,-� -e � . Witness my hand and official seal. My comm issi-o�nexp
'ti • •+" _ � •
Applicant
STATE OF
) ss.
COUNTY OF
The foregoing instrument was acknowledged before me on this
Notary Public
day of
. Witness my hand and official seal. My commission expires:
0
by
Notary Public
ORDER
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 shall he and is accepted by the District.
WEST DIVIDE WATER CONSERVANCY DISTRICT
7.
I3y
President
Date
This Contract includes and is subject to the terms and conditions of the following documents which must accompany this Contract:
L Map showing location of point of diversion (use map provided)
2. Application and Data Form fully completed and signed
The printed portions of this form, except differentiated additions ordeletions, have been approved and adopted by the West Divide Water Conservancy District.
Form: WDWCD 01-01-08 CONTRACT.
6
West Divide Water Conservancy
District -General Stored Water
818 Taughenbaugh Blvd . #10 l
P. 0. Box 203 (970) 625-5461
Rifle, CO 81650
water@wdwcd.org
BILL TO
George E. Bagley
6044 county Road 233
Silt, CO 81652
DATE
INVOICE
8/6/2012
4807
Please reference the
Invoice # on your check.
Due Upon Receipt.
Total
5391.65
On any shared well non-payment of any portion of the fees due deems the
whole contract cancelled.
CONTRACT #
ACRE FEET
RATE
IDENTIFICATION
120816GEB(a)
1
out/domestic
DESCRIPTION
QTY
RATE
AMOUNT
Contract Administration Fee
1
250.00
250.00
Recording Fee
20.00
20.00
Colorado River Augmentation Plan Assessment
1
55.00
55.00
Augmentation Water Contract
66.65
66.65
C__V—.,-A4 it q 5
w
West
Divide Water
Conservancy
District
P.O. Box 1478
Rifle, CO 61650-1478
Due Upon Receipt.
Total
5391.65
On any shared well non-payment of any portion of the fees due deems the
whole contract cancelled.
COLORADOD1V1SION OF WATER RESOUIRCES
DEPARTM ENT OF NATURAL RESOURCES
1313 SIHERMAN ST., Ste 821, DENVER, CO 80203
Main: (303) Z66-3581 Fax: 03) 886-2223 (ILKermitsonlineCfa state.co.Lls
RESIDENTIAL Note: AI so use this form to a ppl y for livestock watering
Water Well Permit Application
Review farm instructions prior to completing form.
Hand completed forms must be completed in black or blue ink or typed.
1. Applicant information
Mailug address
0.444- 33 Rd
itY �.
i
- slate Zip rude -.
Telephone R r -mail o re arrlg is is required)
2. Type Of Appfica'fion (check applicable boxes)
❑ Construct new well
❑ Replace existing well
IA Use existing well
'Change or increase use
❑ Change source (aquifer)
❑ Reapplication (expired permit)
❑ Rooftop precip. collection
❑ Other.
Office Use Only
"ECEWED
RP 7'12
RESOuRc
UATE ENGINEER
GLENWOOD
i Form GWS 41 (11/201i)
6. Use Of WeII (check applhcable boxes)
See instructions to determine use(s) far which you may qualify
❑ A. Ordinary household use in one single-family dwelling
(no outside use)
B. Ordinary household use in 1 to 3 singte-family dwellings:
Number of dwellings:
7 -Home garden/lawn irrigation. not to exceed one acre:
area irrigated) cX 7 sq. ft. ❑ acre
Domestic animal watering — (non-commercial)
❑ C. Livestock watering (on farm/ranch/range/pasture)
3. Refer To (if applicable)
WeII perms( #
Wale- Court case #
7. Weil Data (proposed)
Madmum pumping rate
Tote} depth
gpm
Annual amount to be withdrawn --
q acre-feet
feet
Aquier
)?
Designated Basin Oete rninatiort i
Wel name or #
4. Location Of Proposed Well 'Important See Instructions
County
Sedicn Township NorS—TL EorW Pim Mend
Distance of well from section lines (eed On lines aro typically not property lines)
qFLkoml�..NES Fa Ft. froml). EDW
For replacement wells only- distance and diedOn from old well lo new well
feet
ell lOcaoan address (include City sale. zip) il' 'Check dwell address is same as in Eleni
t/4
Direction
8. Water Supplier
Is this parcel within boundaries of a water service area? [}YES ff H
if yes, provide name of sueoer. `rr
9. Type Of Sewage System
N. Septic tank / absorption (each field
O Central system: District name:
❑ Vault: Location sewage to be hauled to:
O Other (explain)
10. Pro r osed Well Driller License # o•trona!
Optional: GPS well location information in UT formal GPS unit settings are ad follows;
Formal must be UTM
E Zone 72 or r Zone 13
Units most be Meters
Oat um most be NAM
Unit must be set to bue north
Was GPS unit checked for above?
East.' ng'
Northing:
❑ ye5 Remember to set Datum to NAM
11_ Sign or Enter Name of Applicant(s) or Authorized Agent
The making of false statements herein constitutes perjury in the second
degree, which is punishable as a Gass 1 misdemeanor pursuant to C.R.S.
24.4-104 (13)(a). I have read the statements herein, know the contents
thereof and state that they are Prue to myknowledge.
Sign aagntq names) ar per subrrtiting application Date (mrNddlyyyy)
3If signing Jprint tnna
Office Use Only
USW map name
1 DWR map AO.
5. Parcel On Which Well Wil! Be Located
(You must attach a current deed for the subject parcel)
A. You must check and complete ane of the following:
❑ Subdivision: Narne -
Lot Block Fling/Unit __
yCounty exemption (attach copy of county approval & survey)
Namel# % 1 T 1 C/ Lot # 1
O Parcel less than 35 acres, not in a subdivision attach a deed with metes
& bounds description recorded prior to June 1,19'12, and current deed
❑ Mining claim (attach copy of deed or survey) Name/#:
❑ Square 40 acre parcel as described in Item 4
❑ Parcel of 35 or more acres (attach metes & bounds description or survey)
❑ Other: (attach metes & bounds description or survey)
B. not ages in pxcef C..� Are you the owner of tits parcel'
.TZ
. tro
D. W II this be the only wen on This parcel? Y -Es J NO (if nv - list other wells)
E. tate Par IDCfooaonal r F
'7
'0`Oy—a
AQUAMAP
Vet
Vre
CWCB
Top°
MYIAR
Sas
Surface elev.
Receipt area only
.77
DIV +� WD -.1 ff RA MD ��
ED
E[R
0
Send to: Division of Water Resources Fax: 303-866-3589
1313 Sherman Street, Room 818 Phone: 303-866-358I SEP 0 7
Denver; Colorado, 80203
WATER
RESQL
SPATE E/4130%
GLENWOO
.. OWNER'S. NOTICE OF CONSTRUCTED WELL
Construction of my well under-. Pei mit No.. 9 74i 4 was
completed on 77l°; >fT
a _
north) (day) (year)
The well w s 2conshucted by: % .
(drilling company)
If the pumping eq.uipinent -has been installed
The pumAuvas,i1.1-8 E1 ern -my weli`by: .. f
.5
:,:• (pumpcoma
p �y}h,
on `' 1 . 7,.– .
(9nth) '(day) . (year)
/
Signed: ...,..4r_,--,„ 010 dor
_
Date:-- �:% M .PJ o re : 9-
---
The well must be constructed and pump installed by licensed
water well construction and pump installation contractors, 6R
the well may be constricted and/or the pump may be installed by the well
owner if the well is constructed and/or pump is installed using equipment
owned and operated by the well owner and the well is constructed on his/her
own property for his/her own use ("private driller"/"private pump installer")_
Work reports must be submitted to the Division of Water Resources in
accordance with Rule 17 of the Water Well Construction Rules.
ED
E[R
0
GEORGE E BAGLEY
GINNY BAGLEY
6044 COUNTY ROAD 233
SILT, CO 81652-8795
870-876-5556
Pay to the A
Order of Y fr7
&> 7A',< ,R�E'.S i/e_ c.
1149
23-7/1020 1152
6173179677
Vete
$ jaAZ
.a
;VT LLS
FA riGO
Weiss Fargo lank, NA
[okrndo
weflsfargucom
For 1,1 411`1.:I
':L020❑?6i: 6L?3L?98??i"' 0 49
WR J- S_S6
APPLICATION FOR:
STA
OF COLORADO
A PERMIT TO 115E GROUND RATER
A PERMIT TO CONSTRUCT A WELL
LI OTHER
tete antis actor,W.y before acceptance
ri
A Ilc Ion ves be d f
PRINT OR 1YPF
- e. q. L.Q )I
1 j
APPLICANT O_Q
Street Address
City 5 State
tiff ( i 14
Use of ground water s/l' i< a(//3.
Owner of lend on which well
is located
Number of
Acres to be irrigated
Legal description of
irrigated land
Other water rights .on
this land
Owner of irrigated
land
Aquifer(iY ground water is to be obtained
from
ESTIMATED WALL DATA
Est. quantity of ground water to be claimed:
Est. Max. Yield %p GPM or CFS
Est. average annual aunt to be
used in acre-feet
Storage capacity _ AF
Anticipated start of driltingakkaii19its$r
Hole Tinter:
�j' in. from © ft. to /he) ft.
In. fr �ft, to _ft.
Casing,
om ft. to /to el ft.
/�
ft. to ft.
ft. to /eel ft.
ft. xo ft.
Plain 7 in. fr
in. from
Perf. ' In. from
In. from
_PUMP DATA.
Outlet
Type JT%~ HP . Size/
This application approved
30718
PERMIT NUMBER
DATE ISSUED
16.96
State Engi
ate- d •ti+ •
COUNTY
LOCATION OF WELL
x,44i1
7 - k /4 see.
T. • i'R. s !
Ground Water Basin
Water Henagenen t
District
11(gigINES
1alA 1 196z
gm um Ster.
SRN ENGINEER
P.M.
USE DIAGRAM ON THE BACK OF THIS $ EET TO
LOCATE WELL.
.Oril ler
Driller s
Address
(OYER)
Ceile, J/
na
SigSigna
ture ; Ap• scant
CONDITIONS OF APPROVAL
This application approved
CONDITIONAL PERMIT NO.
(Permit good for one (1) year attar rr ddte
of Issuance)
DATE ISSUED
Chairman Ground War Comm iso ion
''•• r•a ,
by
NI
THE LOCATION. OF THE PROPOSED YELL SHALL SE -SHOWN ON THE DIAL M BELOW. THE LOCATION
WILL BE INDICATED BY THE DISTA ICES PROH-THE SECTION LINES, O. ME DISTANCE AND BEAR-
ING FROM GOVERNMENT SURVEY CORNERS OR MONUMENTS.
1F WELL 15 FOR IRRIGATION, THE AREA TO BE IRRIGATED MUST BE & DED QR CROSS -HATCHED.
Domestic wells may be located by the following:
Lot Block Street Address
or
City
Subdivision
The diagram represents nine (9) sections. Use the center square
the ?ocatlon of the well.
(section) to indicate
THE SCAt.E OF THE DIAGRAM 1 S TWO INCHES EQUALS ONE -H Ll=
..,
_I..
i
..
THE SCAt.E OF THE DIAGRAM 1 S TWO INCHES EQUALS ONE -H Ll=
WRJ-5-69
DIVISION OF -WATER RESOURCES, DEPARTMENT OF NATURAL RESOURCES A'' -�.-
.,:\ 101 Columb1ne Bldg., 1845 Sherman Ssreei, D twat, Colorado $0203 lc);
Lj 7 . A PERMIT T l UND WATER ! Iy 4-, ;'': ?
7rA17 A PERMIT TO CONSTRUCT A WELL 'i 41-4rR P -r-,
APPLICATION FOR.::. %"`% REPLACEMENT FOR NO. 0% e i `r4's .
. t` / A PERMIT TO INSTALL A PUMP ��z'
1 J OTHER :'' y
rPRINT OR TYPE
APPLICANT
Street Address /f , / 304r Zz
LOCATION OF WELL
COUNTY
of the 4, ""s'ec.
City &State /�{�/� '.:tid � � T. R, F2 kr r
Street or
Lot S Block
C € ty or
J61/Subd i v. Filing
Use of ground water J5.1 . ,s TA _
Owner of land on which well
1 s located R v L31» 4 /
Owner of irrigate
land
Number of acres
to be irrigated
Legal description of
irrigated land
Other water rights on
this land
Aquifer (s) ground water Is to be obtained
from
Storage capacity
ANTICIPATED PUMPING RATE
AVERAGE ANNUAL AMOUNT OF
BE APPROPRIATED
GROUND WATER TO'
Acre-feet
ESTIMATED WELL DATA
Anticipated start of
Anticipated start of
Hole Diameter;
drilling,
use
its. from ft,
in. from ft.
AF
GPM
1619 7/
Y• Y 191.•.
to rev ft.
to ft.
S2112 11
Plain '7 in. from ft.
in. from ft.
Perf. in. from Q: ft.
in. from ft.
to ft.
to ft.
to/aft.
to ft.
ESTIMATED PUMP DATA
TIAJ.yyid Out let
Type HP Size
APPLICATION MUST BE COMPLETED. SATISFACTORILY
Ground Water Basin
Water Management
District
P.M.
LOCATE WELL ON THE BACK OF THIS SHEET
JamesStonemanVox `
IQ2 Vt. F
Rifle, Colorado B]66b
Driller
Driller's
Address
No.
71
S nature of Applicant
COO TIO S. OF J4JPBOVgl
NO. GW 3
APPLICATION APPROVED:
VALID FOR ONE (1) YEAR AFTER DATE ISSUED
UNLESS EXTENDED FOR GOOD CAUSE SHOWN TO
THE ISSUING AGENCY �+
PERMIT NO. 4 r 4V V CONDITIONAL / /
DATE ISSUED .JUL. 1 61971
STATE EN
BY
■
BEFORE ACCEPTANCE
(OVER)
THE LOCATION OF THE PROPOSED WELL SHALL BE SHOWN ON THE DIAGRAM BELOW WITH
REFERENCE TO SECTION LINES OR GOVERNMENT SURVEY CORNERS OR MONUMENTS,
feet from (North or South) section line
feet from (East or West) section line
IF WELL 15 FOR IRRIGATION, THE AREA TO BE IRRIGATED MUST BE SHADED OR CROSS -HATCHED.
This diagram represents nine (9) sections. Use the CENTER SQUARE (one section)
to indicate the location of the well.
1 Mil¢.
THE SCALE OF THE DIAGRAM IS TWO INCHES EQUALS ONE -M1 LE
T s
f
Z
- 1
l
i
- +
—
+
+
— +
— +
— + -
1
-H---1
1 .
1
I
- +
4-
+
+ ---
+ --
+
t
+ --
- +
--
+
+
— + -
- +
+
—
1
+
1
1
f
I-
I
- +
+
-1- —
+ • —
— + -'
t
f
i
l• ._
i
- +
--
+
+ -
,+ -
-
---
-4- -
'i.)I
,
•., t
THE SCALE OF THE DIAGRAM IS TWO INCHES EQUALS ONE -M1 LE
T s
.r •
F o,r m ,C(Rev. )
-1-58/2.5M
•
Applicant
P.O. Address
Quantity applied for
STATE OF COLORADO
APPLICATION FOR USE OF GROUND WATER
t
[dEa,:aM
MAY 1 3 1958
GROUND WATER SECT.
"``. 71 T,C, ATION OF WELL wR DD •
daiY STATE ENGN£ER
Count
Used for
1 on/at
[legal description of land site.)
m or
AF Storage
Total acreage irrigated and other rte.
N,STTMATE
Hole site.' • :d' 144.1 ft.
xy
Casing: Plain rn. from f tot, ft.
in. from tot.
Perf.in. from 47 to ft.
in. from to ft.
ATA OF WE
n. to
in. to
PUMP4;r: : / —
ype, r$epower, Discharge size.
Use initiation date • s
.(Use Supplemental pages for a•ditlo I y
THIS APPLICATION APPROVED
DATE
NO.•
,6,1& ,Sect. Tvip.
.
Rg e'P.M. OR
� �
Mrf.
N. aP SLL
Street Address or lot & Blick No.
w
Town or Subdivision
ldT
1
5r,
I
E
8
$25. 00 fee required for Industrial,
Commercial or Irrigation uses.
WRJ-5-66
APPLICATION FOR:
STA
4
OF COLORADO
A PERMIT TO USE GROUND MATER
A PERMIT TO CONSTRUCT A WELL
LI OMER
Application must be completed satisfacto
APPLICANT
PRINT OR TYPE
Street Address rt O ( ' / .
City S State RIR,Q ed
1,6
Use of ground water / ! /( IIIA Tent -
Owner
-Owner of land on which well
Is located
Number of
acres to be Irrigated
Legal description of
Irrigated land
Other water rights on
this land
Owner of irrigated
land
Aquifer(s) ground water is to be obtained
f rom
ESTIMATED WELL DATA
Est. quantity of ground water to be claimed;
Est. Max. Yield QL GPM or CFS
Est. average annual aunt to be
used In acre -feat
Storage capacity
Anticipated start of driltln
Mole atemeter:
�' in. from 0 ft.
in. from ft.
AF
JAVA;19,
to ../A0 f t.
to ft.
Casing:
Plain 7 In. from 10 ft.
in. from ft.
Perf. _ 'J in. from ft.
In. from ft.
PUMT DATA: HP
Type /7--
to/4{0ft.
to ft.
toe4pe7ft.
to ft.
Outlet
Size
This application approved
PERMIT NUMBER
DATE ISSUED
State Engi
by
3071$
i.r• =b-.., r.-. .
1 21 L
rimy before acceptance
COUNTY
)10
LOCATION OF WELL
4th .rr�
MAIL t L1967
WM MIR 3ECT,
COLORADO1I ENVOI
}, sac.
T. 4e• , R, 14/ , 4 P.M.
Ground Water Basin
Water Management
District
USE DIAGRAM ON THE BACK OF TH_ I S SHEET TO
LOCATE WELL.
Driller
Driller
Address
E S 4/ A14LNo.
3 D,I /"
el/C) J/ b
[•r r
Signature Ap• scent
CONDITIONS OF APPROVAL
This application approved
CONDITIONAL PERMIT NO.
(Permit good for one (1) year after date
of issuance)
DATE ISSUED
Chairman Ground Walter Commission
by
(OVER)
J
THE LOCATION OF THE PROPOSED I1ELL SHALL 0E -SHOWN ON THE D IRCRAN BELOW. THE LOCATION
WILL BE INDICATED BY THE O I5TAd10ES AMINE SECTION LINES; 04 THE DISTANCE AND BEAR-
ING FROM GOVERNMENT SURVEY CORNERS OR MONUMENTS.
IF WELL IS FOR IRRIGATION, THE AREA TD BE IRRIGATED MUST BE DED OR CROSS -HATCHED.
Domestic wells moy be located by the following:
Lot Block Street Address
or
City
Subdivision
The diagram represents nine (9) sections. Use the center square (section) to Indicate
the location of the well.
THE SCALE OF THE DIAGRAM IS TWO INCHES EQUALS ONE -MILE
1
1
THE SCALE OF THE DIAGRAM IS TWO INCHES EQUALS ONE -MILE
1
3\Q Qt CtiaciS
u
SITUATE Psi
r
r/tI:I
Z—itk?
I
i
97a.i
•
/4/ ,?1:iefg._
c.�
xdo:,,2*,0
gr—f. 44r
fix. -r...
fa' of
04-45
-a-ru.F11tf.c- . R
rpt iyL."�
f / to A`.I_
444--
•
L/7.474•LerY
��. icy
r
No.71Gl1as-. E0
l'OLC:iAr'().
vry ()VII.RFTh.J I)
iitrebv t` -•dr • •r• • ••••••,•tate
To
•
.,Doo #17
tJIT CL DEED
2.,
•
a orioa .tin_ 4
RA or 0(1(11111VA at :;:ga 4b: there
•741 .FIE[J)
lats were Atx.,-,..1 •
bice 611rc•tt 4,!t
•itiketiM *td
lit 1'1e tg..' stN•••ii : •
xee inat&ie
4• J0 •tnci bid Aiswessonc-
ii. sr • awoastal Le7c ipcko.
. .
• : •
v'tir-
L-?:,45-044.
• ..
Oro.' •
•V • • •
•
- --„--..,.--44,-kkor:.&sienkkorik•mporateranumram*WMallikn....-•-•,- •
If r ._,.•
11,
r 7.
-,- ''‘I'. ,- ,r,. •. ---- - •• --, ' '-' • ' ,-- " y .t -,..r_3,.. SE 4-2'''P 3 V
, •
+rt."-
. . .-- ,L'?"-.•• P.,t.'4.1.',--- .,•;s1,--; • - -!1" - •;',••.).^''.1, =••4.
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—
- • • /•- ',..:c_•0-- '
• ' ----- % - -- - -••• , J--. ;-•:• rytkci „
. -, . . , - _ . • ,.. : ,',_ • _ ! •,• .1,4,-. - , •._ )-1, - ,it,,Al. /,'„,•, _:Itc.q4-p.' ' ' - •
No..70
Do/3417048B
-••
• ',I. oi• • , 4 '•• %.33-1‘r
, 1 4' irit ith-P'.M. coot-
*a..1datit degg. water and r bad
- ;•' —11-- --•-•-•,01-1:110 'add -all other • -Phe4t
ta-at nate thereon.- A -aos together with any and all
Watitights •belenging to, .uset upon or in aonneation
th said landkv; and particularly, 54 shares or water stook in
the Farmers' Irrogation Company, Inc orporateditVidenoed by Cert.
i4JS2 for 44 sheires- and Certificate #&52 for 10 shares. First
ISCrty agrees to -•pay current taxes, being for the year 1949 which
become due in 1950 and also agrees to furnish ane:abstract of titl
to said property.
Filed for recotd December 3,1949 at 8:22 o'clock A.M. and
reoorded in50014_7WPS.--et Page 303. thereof.
Public Trustee,
.2A#414444'49QIWNdkligi a°
RELEASE.DEED giusT
To4
tmtai6 la..
, e s4iiegal:
ii,..
Oharlaa E.ThAqt‘ Notary Public-,
Garfield County, Colorado
• Rscites tltali-the note aeaured by deed of trust, recorded in
13fidg-2ek 0, SW ?5.5 has been fully paid and satisfied; together
will*. eakk.ctitVg.-60 interest thereon.
Tnereritiiii et. tire request for release by The First National
' Bank' if" liglaitertitats? Carl C.Mothirray, Exeoutive Tice -Preside
thelegal hold*.tof said indebtedness, seemed byl‘aaid deed or
u ' ee of rr " ' ? ' -- ,'.--
- , ,.,. , F-*.r.,r-_.,,rio',.•-.T---4....---7-.....,,, o hereby
,,, hfkiro and
" . , 1 4. 4,11 t 1t 42) 4 4
-- 4 ;, ‘7,4_ AS • 1 6- ,.. /.4.e:-...1•.,434 k' (.4 st"..4:414f:40„.4 ,..4
tali end t
•I'404.„...,,,_..z,.. •.::!:;:j „ 4.: r ck., .3 I krit'.4 •4.-.. • i 4 1
.1' titf".*:,4_,A'`• 1.-t./ 3_C: ';','. •.„,'-. -,;',....4. ...:3,4,3.
44
$'\.z.'-:-1..': P --.:P•i:'/24 [.,•'':-._.•'-.4.4.i......:5 'r e,_-No.169103
11.1:. and
0:4.•27"g
,V? "
•••,
•
- • k .11
, ..'..-..:•..
.s......:7;3v. '
STATE OP C01QRAlQ
County Olidu (yid .
BOK 595 l'AriE616
Raceided di (01-1 . Mir1k261441
. kecaptionNo. 326434 hi,ILDRED,ALSDOIF, RECORDER
Ai • ,......nmusg of 80 Bond el County Conurdientin fur OarfieleCeuelY, Cotentin,
hold ui the Cousi Bows Olonyound ,,,,, 60, Z3XWIAloef
Consolation's Chaiemin
..Z.UgCTIC..P.ririkhiala . , .. Ceintoltuinen
..L.EKEY....YALL221.1aK camooLsome
. ..... Cevaty Amin."
, ctes of N. abut -
Mien Ihe ralortin9 preendiev., omen e Won win Aid mod See•4t•
42-
RnoLuTioN W., 68
A RESOLUTION CONCERNED WITH ORANTINC'AN PREHPTION FROM THE GARFIELD COUNTY SUBDIYISIoN
REGULATIONS FOA GEORGE AND DOROTNY'EAGLET.
WHEREAS, Georga'and Dorothy. Bagley halAt'petitioned,the,ROard ';of Gounty-Coftmissioners
of Garfield Consitti Co/orado; fotan eXamption from the definitiOn of the -terms .
"subdivision!' •and "subdti1e4d lane =or C.R.S: .1971,3048-1:01 410). (d)-(1).- as
amended-and:the Subdivinion Regu/ationa04 GarfielkCounty,:Colorado, adopted Jaeddry
2. 1979.„-Settione 292.21 6Wand3.0201. for the di'yision OT,,,a 56 acre trilEt described
as follows,: that parcel:of lend as described iEttnment No,- 170599.as fl/ed in the
Office of the Clerk and Recorder'of PatfieWCounty. Coloradointt 3 tracta of
approximately 2.14, 2.14, and'approximately;:.46 lore!' 446h, more.or ies. whin proposed -
divided tracts are mots particUlaily,deadribed as follows: .
TRACT A:
A parce/ of land bitate.ie 1,0t 1, Section 5i..Township 6 SontS.,7-Range 92
West Of the 6th PrintiPal Meridian liidg.southetly Of County Road1.233
and7westerly Of County Road022971'nd...sore particularly deacrtbed as follows:
. - .
Beginning at .the-:morthwest.',-corner of aid Section 54thence S.48 22".45 E.
4484:03 feet to the'true Feint. of beginning *ith all bearings tontained.
herein:beigg relative't0 bearinuof N.89'SYWN. ienthe north line
of said Section 5;,thence,N.00941'0WW. 1141-0 fe.a.cto the southerly
right,of-Wey of County Road f231; 'tinance alOnusaid southerly right-of-way
820.60 at 10 ie.:point that interaeots the gnat line of''
Section .5; .:[fierce alopg said &sat section lineofSection 5 S.0041'00rE. -
114:00 let; theOce S.84'26'00W, 820.00 -feet to the-Liue Ooint'of
jagin-
Sd parcel of land contains 2.14 acrea more or Its's.
Thia land is,aubject to any exiating right-of-ways or eaaements of record
or by existing physical location.
TRACT ft: A parcel. ofJiand 'situate in.Lot 4:Section 5. Township.6 South, Range g2 .
Went of the 6th Principal Meridian and more:particUlarlY described an follows;
_ .
8ig4ning:st..tha. northWeat corner.orsaid Settion 51 thence S.88°27'451E,-
44/14,03.feat.to the:true,point tit:beginning with all hearing* contained'
herein being rolitiv4:-16-4 1544414 of. N.89,53'007R. along the north line of
said Section,5; thence N:119°26!.60"3,,820.00 feet 'Le the east line of said
Section 5;.thence along 44t 4pqion line 3.0041:Ont. 1.14'.60: feet; thence
S.69°.26'0(rW. 820.00:feit therice N00.4100N: 114.00 feat 10 the true point
of beginning. -"
Said parcel of land tontains 2.14 acres more ouleas.
This land is. SUbject to. any existing right-of-uays or easements of.record •
or by existing phyaical• location.
• . • '•
(in the Staie. of Colorado and County. of. Carfield);.and
WHEREA.*„the.Tetitioners. hava••desonstrsted to the satisfaction of the -Board Of
County COmMissioners,of Garfield county, Cotorado, that the proposed division dose not
fall within the putPosee.of'Fart 1, Article28, Title 30, Colorado Revised Statute., .• 19/3,
as amended; fdr the reason that the impact created does not warrant further subdivision .
review, and -
Mk 595 ra& 1.'7
-CINEREAS, the Petitioners have. damoeattated to.ths satisfaction of the Board of
County Commissioners of Garfield County, Colorado, that there is a reasonable probability
of locating domeetic water on each of said tracts, that there is adequate ingress and
egress to Bald tracts, that the location of septic tanks w111 be permitted by the
Colorado Department of Health, that the requeeted division is not part of an existing
or larger development and doe■ not fall within the general purposes and intent of ttf::
subdivision regulations of the State of Colorado and the County of Garfield, and ahnpid,
therefore, be exempted from the definition of the terms "subdivision" end "subdivided
land" es set forth in C.R.S. 1973, 30-2B-101 (10) (a) -(d), as 'mended;
NOW, THEREFORE, HE IT RESOLVED that the division of the above described tracta
"A", "B", and "C", from the above described SO acre tract is hereby exempted from
such definitions and said tract may be divided into tracts "A", "B", and "C", all as
in more fully described above, and said divided tract may be conveyed in tha Form of
such smaller tracts without further canpllanee with the aforesaid subdivision #tatutee
and regulations: provided. however, that this exemption is granted on the condition
and with tha express understanding and agreement of the Petitioners that nofbtther
exemptions be allowed on acid tracts "A", "B", and "C"; and that a -copy of the inetrumen't
or instruments of conveyance when recorded shall be filed with this Resolution..
AY'rEf'T_: BOARD OP cowry coHB1.ISSIOt;ERs
• GARFIELD coUNYY, COLORADO
ty Clerk of the Hoard
Upon rho dosduly•eadt and ,ieeod.d did forartna Ituohdion war sdepud by the fallowing rein
..:.:............... ....:..._.........:.........A1n
BIMI AP COaOPAoo•
Ca.miy of Oi,llsId
Com hatutai
1, .. ... .... , County auk and udunyl la ark of the Board 'of County comraindonan
Sri uid: M [h. County and !Aid aforesaid do bleary dirtily that the umiak and faregotng Cord is b truly iapled hem the R.rnrdsa!
the Peooe.dfeps of the f County Cemm1Wanra for utd Oartl.id County, new N my offlae.
• • •iN• M77'rgia WHBRepPj t her: hr.unto ale my raid and .ifhred Wa nJ d Wd `Cbooh, ae 740vaa.1dpr4. -
.
Oda ............. day of ._.... :. ....:... ...a D 1g...
County Credo and sx<ifiolo Clark of tha loud of County Cemtntail..urL .
1111 III 'Up � I1�',I �elIiM?I�11III' 11111
ReaepptIan#• 9
0911T120i0 11:2D•31 Art Jan Alborlco
f or 2 Liao Faa:$18.0e Doo Foo10.00 GARFIELD COUNTY CO
OUTT CLAIIVI DEED
THIS DEED, made this r.e. /day of 2010, between DOROTHY I.
BAGLEY, County of Garfield and the State of Colorad , grantor, and CHARLES A. BAGLEY
whose address is 627 North. Happy Valley Road, Nampa, ID 83651 and GEORGE E. BAGLEY
whose address is 6044 County Road 233, Silt, Colorado 81652, of the County of Garfield and State
of Colorado, grantees.
WITNESSETH, that the grantor, for and in consideration of the sum of Ten ($10)
dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, has remised, released, sold and QUIT CLAIMED, and by these presents does remise,
release, sell and QUIT CLAD unto the grantees, their heirs, successors and assigns, forever, an
undivided one-half (%) interest each as to all the right, title, interest, claim and demand which the
grantor has in and to 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 ATTACSED HERETO AND
INCORPORATED HEREIN BY THIS REFERENCE
EXCEPTING AND RESERVING TO THE GRANTOR, ANY OIL, GAS AND OTHER
MINERAL RIGHTS
Also known as
12iI �a RI .229 p rel
J
TO HAVE AND TO HOLD the same, together with all and singular the
appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the
estate, right, title, interest and claim whatsoever, of the grantors, either in law or equity, to the only
proper use, benefit and behoof of the grantees, their heirs and assigns forever.
IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth
above.
STATE OF COLORADO )
) ss.
GARFIELD )
y
foregoing instrument was acknowledged before me on this4 day of
.Dorothy L Bagley.
4 off seal.
emir:.1,' M 02e/ f
Notary Public
Oil
Recup t#ar3#. 791589
09117!2010 11:20:37 AM dean Aiberlev
2 of 2 Rev Fee:$10,00 Oda Fp;8.00 GARFIELD CCOI Y CO
E71'ffiB1T A
Lot One (1), Section' Five (5), Township Si* (6)-S.,
Range 92 W., 6th P. M., together with all improve,-
ments situate thereon, ' also, together with any and -all
ditch and water rights belonging tv. used upon or• In ,
connection with the - above described lands, •
.t
i t:
Recorded akhi2aa....._......o'clocki' • 1N,---.!.!arch2 _t 1971 Book 418
ans Pa Ke 53
Reception No.....2....96 .-..._............................ Ella Step h..e.._.-.L..Recorder.
THIS DEET?, Made thin 24•th day of ]vtarch
19 7 1 , between
GEORGE C. BAGLEY
of the County of Garfield , State of
Colorado, of lite first pert, and
GEORGE C. BAGLEY and DOROTHY T. BAGLEY
of the County of Gar £ ie ld and State of
Colorado, of the second part:
Recorder's Bump
STATE CDEllifEiili f F[E
MAR -"1 I, 1971
WIThi;SS TFI, That the said part y of the first part, for and in consideration of the sum of
TEN DOLLARS and other good and valuable considerations £144EiI'iAila
to the said part y of the first part in hand paid by the said parties of the second part, the receipt
whereof is hereby eonfeseed and acknowledged, has remised, released, sold, conveyed and quit
elaimed, sad by these presents does remise, release, sell, convey and quit claim unto the said parties of
the second part, their heirs and assigns forever, not in tenancy in maroon. but in joint tenancy, all the
right, title, interest, claim anti demand which the said parj of the first part has in and to the
following described lot or parcel of land situate, lying and being in the
County of Gar f:ield and State of Colorado, to wit:
Lot One (1), Section Five (5), Township Six (6) 5.,
Range 92 W., 6th P. M., together with all improve-
ments situate thereon, also, together with any and all
ditch and water rights belonging to, used upon or in
connection with the above described lands.
TO 'IIAV1 AND 'PO BOLD the ease, together with all and singular the appurtenances and privi-
leges thereinto belonging or in anywise thereinto appertaining, and all tho estate, right, title, interest,
and claire whatsoever of the said party of the first part, either in law or equity, unto the said parties
of the second part, their heirs and assigns forever, not, in tenancy in common but in joint tenancy.
IN WITNESS
he nil and Beat
Sig11Cd, Sealed and
WHEREOF, The said part y of the first part ha hereunto set h is
the day and year first above- written.
Delivered in the preaenee of
•
..�, .1 J11.
GEORGE C.' BAGLEY
[SEAL}
[SEAL)
.. .............. [ SPAT]
STATE OP COLORADO,
County of Garfiel.[]
The foregoing iosltriiment was acknowledged before ane this 24 Lb day of '•1a roll
15 71 , by
llv +'17n111kis?itu3 espiren JuriF_' 21. , 19 j 1
A'1 l'eti]ESS iffy iliilld and Ili ficial seal.
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ALL PROPERTY OWNERS WITHIN 200' OF PROPOSED
BAGLEY MAJOR EXEMPTION PLAT
Ann E Johnson
5905 CR 233
Silt, CO 81652
Parcel No. 2127-353-00-063
Harold G Jr. Bentzler & Lori A Bentzler
6025 CR 233
Silt, CO 81652
Parcel No. 2127-354-00-027
Perry Wilt & Courtney Will
3400 CR 312
New Castle, CO 81647
Parcel No. 212 7-354-00-028
Peggy R Engquist
6191 CR 233
Silt, CO 81652
Parcel No. 2127-354-00-053
Christian A Whittington
12123 Briar Leaf Court
Parker, CO 80138
Parcel No. 2179-042-00-707
William A Swank & Peggy J Swank
20 Lone Pinon Lane
Silt, CO 81652
Parcel No. 2179-042-00-708
Victor F Ga nzi
106 Central Park South Apt 28E
New York, NY 10019
Parcel No. 2179-042-00-696
Kim C Antonelli & Waynetta Antonelli
964 CR 229
Silt, CO 81652
Parcel No. 21 79-042-00-429
Eric Charles Jurmu & Margaret Jurmu
32424 N. 43rd St.
Caue Creek, AZ 85331
Parcel No. 2179-051-00-642
Marion B Gilmore & Teresa A Gilmore
PO Box 56
New Castle, CO 81647
Parcel No. 2179-051-00-041
ALL PROPERTY OWNERS WITHIN 200' OF PROPOSED
BAGLEY MAJOR EXEMPTION PLAT
Thaddeus I Ragsdale &
Darlene E Danis
665 CR 216
Rifle, CO 81 650
Parcel No. 2179-051-00-280
Dorothy 1 Bagley
1211 CR229
Silt, CO 81652
Parcel No. 2179-051-00-281
Potential Mineral Owners:
Charles A. Bagley
627 North Happy Valley Road
Nampa, ID 83651
George E. Bagley
6044 CR 233
Silt, CO 81652
Carol Brown
30600 Highway 74, Unit # 151
Hemet, CA 92545
Diana S. Harris
P.O. Box 1872
Sylva, NC 28779
Jeanne L. McPherson
1859 CR 344, Building B
Silt, CO 81652
NM lilt ll rifirlrEli :l .iN13� �l ill
Receptlonii: 791592
09117/2010 11.21).37 PM Joan 4lberico
1 of 2 Roe Fee,$15.00 Ca❑ Fee ❑ 00 GARFIELD COUNFY CO
QUIT CLAIM DEED
THIS DEED, made this /day of , , 2010, between DORO'T'HY 1.
BAGLEY, County of Garfield and the State of Colorado, rantor, and CAROL BROWN, whose
address is 30600 Highway 74, Unit #151, Hemet, CA 92545, DIANA S. HARRIS, whose address
is P.O. Box 1872, Sylva, NC 28779 CHARLES A. BAGLEY whose address is 627 North Happy
Valley Road, Nampa, ID 83651 and GEORGE E. BAGLEY whose address is 6044 County Road
233, Silt, Colorado 81652, of the County of Garfield and State of Colorado, grantees.
WITNESSETH, that the grantor, for and in consideration of the sum of Ten ($10)
dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, has remised, released, sold and QU IT CLAIMED. and by these presents does remise,
release, sell and QUIT CLAIM unto the grantees, their heirs, successors and assigns, forever, each
as to an undivided one-fourth (1/4) interest, in any and all oil, gas and other mineral rights in, under
and upon the real property located in the County of Garfield, State of Colorado:
SEE EXHIBIT A ATTACHED HERETO AND
INCORPORATED HEREIN BY THIS REFERENCE
Also known as � j SS,��J� ---MY/4/46,--2-7„a4 g
TO HAVE AND TO HOLD the same, together with all and singular the
appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the
estate, right, title, interest and claim whatsoever, of the grantors, either in law or equity, to the only
proper use, benefit and behoof of the grantees, their heirs and assigns forever.
IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth
above.
STATE OF COLORADO
COUNTY OF GARFIELD
8
DorothyII a lc
�y tri
) ss.
The foregoing instrument was acknowledged before me on this /51/ day of
. 2010, by Dorothy 1. Bagley.
WiteSS my hand and offic'.l sea
:c� }f)
yts rssion expires: .�,► I I� l '
• .,. ;;�}'' =' .Ory Pub rc
RecePt1on1� : 7Q 3591 Jean Alberlaa
09/7/2010
2 of 2 Rea Fee . $15 00 pap Fae . 0 00 GRRF I ELO COUNTY CO
EXHIBIT A
All of the following described real property located in Garfield
County, Colorado, in Section 5, Township 6 South, Range 92 West of
the 6th P.M. ,
That portion of the NEhSW4NEh, except the West 132 feet thereof, '
lying northerly of that certain parcel of land described - in deed
recorded February 15, 1980 in Book 543 at Page 763.
L-
The North 1.86 3/4 acres of the SES of Lot 2 and the South 3,13 nth
acres of the NE1/4 of Lot 2 of said Section 5. (Gibbs Tract)
Tract No. 14 according to the Plat of the Antlers Orchard Develop-
ment Company beingin the 8E1 of Lot 2 said Section 5 EXCEPT any
in
portion contained deed recorded February 15, 1980 in Book 543 at
Page 763 and EXCEPT beginning at the SW corner of the East of said+`
Lot 2; thence North 72 feet; thence East 132 feet; thence South 72
feet; thence West 132 feet to the Point of Beginning.
Tract Number Three (3) in Lot Number Two (2) of said Section 5 ■ as
shown by Plat of the Antlers Orchard Development Company filed for
record with the county Clerk and Recorder of Garfield County,
Colorado. The said Tract Three (3) may be otherwise described as
the North Ten (10) acres of the East one-half (Eh) of said Lot
Number Two (2) , in said Section 5.
Lot One (L), Section Five (5), Township SiX (6) -S.,
Range 92 W., 6th P. M., together with all improveL.
ments situate thereon, ' also, together with any and -all
ditch and water rights belonging ta, used upon or.in
connection with the -above described lams.
stewart title
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Glenwood Springs Division
1620 Grand Avenue
Glenwood Springs, Colorado 81601
Phone: 970-945-5434
Fax: 1-800-886-2330
Date: June 15, 2011
Order Number: 947378
Buyer: Charles A. Bagley and George E. Bagley
Seller:
Property Address: 1211 County Road 229, Silt, CO 81652
Please direct all Title inquiries to:
Melanie Lang
Phone: 970-766-0233 or 866-932-6094
Email Address: mlang@stewart.com
OWNER:
Charles A. Bagley
George E. Bagley
627 North Happy Valley
Road
Nampa, Idaho 83651
We Appreciate Your Business And Look Forward to Serving You in the Future.
r.
ALTA Commitment (6117/O6)
ALTA Commitment Form
COMMITMENT FOR TITLE ,INSURANCE
Issued by
Stewart
title guaranty company
Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration,
commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land
described or referred to in Schedule A, upon payment of the premiums and charges and compliance with
the Requirements; all subject to the provisions of Schedules A and 13 and to the Conditions of this
Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of
the policy or policies committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate six months after the
Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided
that the failure to issue the policy or policies is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
This commitment shall not be valid or binding until countersigned by a validating officer or authorized
signatory.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to
be hereunto affixed by its duly authorized officers on the date shown in Schedule A.
Countersigned:
Antarizedrottotssi
di/
Stewart Title
Glenwood Springs Division
1620 Grand Avenue
Glenwood Springs, Colorado 81601
Phone: 970-945-5434
Fax: 1-800-886-2330
title guaranty company
Senior Chairman of Me Board
Chairman of the Board
President
Order Number, 947378 ALTA Commitment (6117196)
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: May 20, 2011, at 7:30 A.M. Order Number: 947378
2. Policy or Policies To Be Issued:
(a) A.L.T.A. Owner's
(b) A.L.T.A. Loan
Amount of Insurance
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
4. Title to the referenced estate or interest in said land is at the effective date hereof vested in:
Charles A. Bagley and George E. Bagley
5. The land referred to in this Commitment is described as follows:
Lot 1, Section 5, Township 6 South, Range 92 West, 6th P.M.
COUNTY OF GARFIELD
STATE OF COLORADO
Purported Address:
1211 County Road 229
Silt, Colorado 81652
Order Number. 947378
ALTA Commitment (61I7/06) — Schedule A
Title Officer, Melanie Lang
Page 1 of 1
Statement of Charges:
These charges are due and payable before a Policy can
be issued:
Search Fee= $300.00
-Vevvart
-title guaranty company
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B — Section 1
REQUIREMENTS
Order Number: 947378
The following are the requirements to be complied with:
. NONE
NOTE: This product is for informational purposes only. It is not a title insurance product and does
not provide any form of coverage. This product is not a guarantee or assurance and does not
warrant, or otherwise insure any condition, fact or circumstance. This product does not obligate this
Company to issue any policies of title insurance for any subsequent transaction based on the
information provided or involving the property described herein. This Company's sole liability for
any error(s) relating to this product is limited to the amount that was paid for this product.
Order Number: 447378
ALTA Commitment {6117/O1) — Schedule 11
Page 1 of 1
Stewart
title guaranty company
COMMITMENT FOR TITLE INSURANCE
SCHEDULE R — Section 2
EXCEPTIONS
Order Number 947378
The policy or policies to be issued will contain exceptions to the following unless the same are
disposed of to the satisfaction of the Company:
I. Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the
title that would be disclosed by an accurate and complete land survey of the Land and not
shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished,
imposed by law and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing
in the public records or attaching subsequent to the effective date hereof, but prior to the
date the proposed insured acquires of record for value the estate or interest or mortgage
thereon covered by this commitment.
6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the
issuance thereof.
7. Water rights, claims or title to water.
8. Any and all unpaid taxes and assessments and any unredeemed tax sales.
9. The effect of inclusions in any general or specific water conservancy, fire protection, soil
conservation or other district or inclusion in any water service or street improvement area.
10. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same
be found to penetrate or intersect the premises thereby granted, as reserved in United States Patent
recorded April 5, 1892 in Book 12 at Page 127 as Reception No. 13747.
11. Right of way for ditches or canals constructed by the authority of the United States, as reserved in
United States Patent recorded April 5, 1892 in Book 12 at Page 127 as Reception No. 13747.
12. Right of way for all ditches, canals and creeks crossing subject property.
13. Right of way for County Road No. 229.
Order Number: 947378
ALTA Commitment (6/17/061— Schedule $ 2
Page 1 of 2
-bile guaranty company
14. Easement and Right of Ways reserved in Warranty Deeds recorded May 10, 1892 in Book 26 at
Page 474 as Reception No. 13940 and recorded June 15, 1892 in Book 26 at Page 514 as
Reception No. 14143.
15. All matters shown on the maps recorded as Reception Nos. 219307 and 240913.
16. Instrument recorded October 26, 1967 in Book 389 at Page 274 as Reception No. 239314.
17. Resolution No. 82-68 recorded March 26, 1982 in Book 595 at Page 616 as Reception No.
326064.
18. Oil and Gas Leases recorded as Reception No. 285021, as Reception No. 342367 and as Reception
No. 453553, any assignments thereto or interests therein, and any and all other oil and gas leases of
record, together with the appurtenant rights to use the surface. The Company makes no
representation as to the present ownership of these interests.
19. Easement recorded September 18, 1991 in Book 813 at Page 696 as Reception No. 427380.
20. Reservation of any oil, gas and other mineral rights in the instrument recorded September 17, 2010
as Reception No. 791589, together with the appurtenant rights to use the surface. The Company
makes no representation as to the present ownership of this interest.
21. Conveyance of an undivided one-fourth (114) interest in any and oil, gas and other mineral rights
in, under and upon the real property, in the instrument recorded September 17, 2010 as Reception
No. 791591, together with the appurtenant rights to use the surface. The Company makes no
representation as to the present ownership of this interest.
22. Paid -Up Oil and Gas Lease recorded February 17, 2005 as Reception No. 668890 and Amendment
of Paid -Up Oil and Gas Lease recorded May 11, 2007 as Reception No. 723116,
23. Except any claims, interests, adverse possessory rights or rights to title to any portion of subject
property described in Warranty Deed recorded February 15, 1980 in Book 543 at Page 761 as
Reception No. 301677.
Order Number: 947375
ALTA Commitment {6117105}.. Schedule B 2
Page 2 of 2
rstewart
'title guaranty company
STG Privacy Notice 1 (Rev 01/26/09) Stewart Title Companies
WHAT DO THE STEWART TITLE COMPANIES D0 WITH YOUR PERSONAL INFORMATION?
IFederal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law
regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to
understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and
its affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA).
i The types of personal information we collect and share depend on the product or service that you have sought through us. This
information can include social security numbers and driver's license number.
All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday
business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share
customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. 1
Reasons we can share your personal information
For our everyday business purposes— to process your transactions and maintain
your account. This may include running the business and managing customer
accounts, such as processing transactions, mailing, and auditing services, and
responding to court orders and legal investigations.
For our marketing purposes— to offer our products and services to you.
Do we share?
Yes
Yes
For joint marketing with other financial companies No
For our affiliates' everyday business purposes— information about your
transactions and experiences. Affiliates are companies related by common
ownership or control. They can be financial and nonfinancial companies. Dur
affiliates may include companies with a Stewart name; financial companies, such
as Stewart Title Company
Yes
Can you limit this sharing?
No
No
We don't share
No
For aur affiliates' everyday business purposes— information about your
creditworthiness.
No
We don't share
For our affiliates to market to you Yes
For non -affiliates to market to you. Non -affiliates are companies not related by
common ownership or control. They can be financial and nonfinancial companies, j
No
No
We don't share
We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a
non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not
control their subsequent use of information, and suggest you refer to their privacy notices.]
Sharing practices
How often do the Stewart Title Companies
notify me about their practices?
How do the Stewart Title Companies
protect my personal information?
How do the Stewart Title Companies
collect my personal information?
What sharing can 1 limit?
We must notify you about our sharing practices when you request a transaction.
To protect your personal information from unauthorized access and use, we use security
measures that comply with federal and state law. These measures include computer,
file, and building safeguards.
We collect your personal information, for example, when you
• request insurance -related services
• provide such information to us
We also collect your personal information from others, such as the real estate agent or
lender involved in your transaction, credit reporting agencies, affiliates or other
companies.
Although federal and state law give you the right to limit sharing (e.g., opt out) in
certain instances, we do not share your personal information in those instances.
Contact Us
If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd..
Privacy Officer, Houston, Texas 77456
Order Number: 947378
DISCLOSURES
Order Number: 947378
Note: Pursuant to C.R.S. 10-11-122, notice is hereby given that:
A. The subject real property may be located in a special taxing district;
B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the
county treasurer's authorized agent;
C. Information regarding special districts and the boundaries of such districts may be obtained from the board of
county commissioners, the county clerk and recorder, or the county assessor.
Note: Colorddo Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) requires that "Every title entity shall
be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts
the closing and is responsible for recording or filing of legal documents resulting from the transaction which was
closed." Provided that Stewart Title conducts the closing of the insured transaction and is responsible for recording
the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the
Lender's Title Policy when issued.
Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception
No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the
following conditions:
A. The land described in Schedule A of this commitment must be a single-family residence, which includes a
condominium or townhouse unit.
B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on
the land described in Schedule A of this Commitment within the past 6 months.
C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's
and Materialmen's Liens.
D. The'Company must receive payment of the appropriate premium.
E. If there has been construction, improvements or major repairs undertaken on the property to be purchased.
within six months prior to the Date of the Commitment, the requirements to obtain coverage for
unrecorded liens will include: disclosure of certain construction information; financial information as to
the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity
agreements satisfactory to the company; and, any additional requirements as may be necessary after an
examination of the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
Note: Pursuant to C.R.S. 10-11-123, notice is hereby given:
A. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the
surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas,
other minerals, or geothermal energy in the property; and
B. That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions,
in Schedule B, Section 2.
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE
ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY
SATISFIED.
Order Number: 947378
Disclosures
Stewart Title
DISCLOSURE
The title company, Stewart Title in its capacity as escrow agent, has been authorized to
receive funds and disburse them when all funds received are either (a) available for
immediate withdrawal as a matter of right from the financial institution in which the
funds are deposited, or (b) are available for immediate withdrawal as a consequence of an
agreement of a financial institution in which the funds are to be deposited or a financial
institution upon which the funds are to be drawn.
The title company is disclosing to you that the financial institution may provide the title
company with computer accounting or auditing services, or other bank services, either
directly or through a separate entity which may or may not be affiliated with the title
company. This separate entity may charge the financial institution reasonable and proper
compensation for these services and retain any profits there from.
The title company may also receive benefits from the financial institution in the form of
advantageous interest rates on loans, sometimes referred to as preferred rate loan
programs, relating to loans the title company has with the financial institution. The title
company shall not be liable for any interest or other charges on the earnest money and
shall be under no duty to invest or reinvest funds held by it at any time. In the event that
the parties to this transaction have agreed to have interest on earnest money deposit
transferred to a fund established for the purpose of providing affordable housing to
Colorado residents, then the earnest money shall remain in an account designated for such
purpose, and the interest money shall be delivered to the title company at closing.
CONDITIONS
The term mortgage, when used herein, shall include deed of trust, trust deed, or other security
instrument.
2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse
claim or other matter affecting the estate or interest or mortgage thereon covered by this
Commitment other than those shown in Schedule B hereof, and shall fail to disclose such
knowledge to the Company in writing, the Company shall be relieved from liability for any loss or
damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure
to so disclose such knowledge. If the proposed insured shall disclose such knowledge to the
Company, or if the Company otherwise acquires actual knowledge of any such defect, lien,
encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of
this Commitment accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and
such parties included under the definition of Insured in the form of policy or policies committed for
and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with
the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or
create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such
liability exceed the amount stated in Schedule A for the policy or policies committed for and such
liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions
from Coverage of the form of policy or policies committed for in favor of the proposed Insured
which are hereby incorporated by reference and are made a part of this Commitment except as
expressly modified herein.
4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of
title or a report of the condition of title. Any action or actions or rights of action that the proposed
Insured may have or may bring against the Company arising out of the status of the title to the estate
or interest or the status of the mortgage thereon covered by this Commitment must be based on and
are subject to the provisions of this Commitment.
5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of
Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured
as the exclusive remedy of the parties. You may review a copy of the arbitration rules at
httpi/www.alta.org.
stewar
.title guaranty company
Ali notices required to he given the Company and any statement in writing required to he furnished the Company shall be
addressed w it at P.Q. Box 2029, Houston, Texas 77252.
LfJ
BAGLEY MAJOR EXEMPTION VICINITY MAP
LOT ONE (1), SECTION 5 (5), TOWNSHIP SIX (6) S., RANGE 92 W. 6TH P.M.
COUNTY OF GARFIELD
STATE OF COLORADO
Sur•ve Services, Inc.
CHARLES BAGLEY
627 N. HAPPY VALLEY RD
NAMPA, ID 83651
GOVERNMENT LOT 1
SCALE: I''-3000'
DATE:
SUEET.
PRWECT.
DF't ERE
12/1/ 10
1 OF 1
1011701
GlinaimsEl
ZWEE[iw .✓.lioWn ned. OM. rr� �e R+lcra I wan nzs
DUTCH MAJOR EXEMPTION
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es, YAW Emma.
Parcels of Land Situate in the NE1/4 of Section 5,
Township 6 South, Range 92 West of the 6th P.M.
County of Garfield, State of Colorado
Vicinity Map Scale.. 1"- 2000'
1,11
ram
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SCALE: 1"m 800'
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GRAPHICSCALE
nil
an ® Ea rye
(tSFEW )
l
1.14b. = 155 !!
2ygr!ltiaragGbrmaSea tiv5--' irj-mss • .
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;fr.Prnpo'od fvr Cor;.
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prldlaue$t Gtinter-Sectio, 5
• 3-2t4'6kwurtkrn Dip
1.870. 13438 tie•Pfan
56,278 •
889.8S3a•111 255207
•
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aF .0114:51 pace
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lietiore S5
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5
N597T45 56512!
8 a9m.9rW &oat
2650.17
3
Coder r/4 awns.- Ssa%on 8 LS No- I4060 ire Rare
33. Wi'trusc CW+1/3
&liararld Cop LS 009, 29593
Wears 5100s48'90$ 33.00'
im*r+Porri for Cared
Sala 214 [slag &eadara 5
AL. 5awt Gip LS NO- 195981,,. Pipes
i1.
SECTION "5" DETAIL
SCALE: 1" = 800'
PROJECT Na
:w -0I
"r.YnKer'-'%41M105.1
Si
• CtICIRD:.'
i.'iEa�1.
=,-5
.'01=1..'01=1.,;p;
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I :i51EQrr65A'..
esvrai r:':
-��i
: n
O.:!MINT: ''
=..325 •
i' 21¢'.90.5-:I.:.
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. 91:1-'- r.-- J
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• I S2k3"-.
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serbsleS+.
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(tSFEW )
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•
4Y++' *awn 5
aF .0114:51 pace
5
2rs7t / I6 Comer
lietiore S5
3 Rrays:Cop
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5
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2650.17
3
Coder r/4 awns.- Ssa%on 8 LS No- I4060 ire Rare
33. Wi'trusc CW+1/3
&liararld Cop LS 009, 29593
Wears 5100s48'90$ 33.00'
im*r+Porri for Cared
Sala 214 [slag &eadara 5
AL. 5awt Gip LS NO- 195981,,. Pipes
i1.
SECTION "5" DETAIL
SCALE: 1" = 800'
PROJECT Na
:w -0I
38'33'54'
39' 33 27'
269,100
Soli Map—Rifle Area, Colorado, Paras of Garfield and Mesa Counties
(Bagley)
269300
2400
269:503
s
259700
'..... .. r x6
1.
2&9700
26900
259800
Mee Scale: 1:40301 prated an A eke (6.5' s 111 sheet,
Meters
0 35 70 140 210
0 150 300
USDA Natural Resources
MOM Conservation Service
600
Feet
900
Web Soil Survey
National Cooperative Soil Survey
269600
g
a
289700
A
6/14/2011
Page 1 of 3
39.33' 55'
39' 33 2i
Soil Map -Rifle Area, Colorado. Parts of Garfield and Mesa Counties
(Ba9IeY)
MAP LEGEND MAP INFORMATION
Area of Interest (4011
Area of Interest (AOI)
Soils
Lf
Sal Map Units
Special Line Features
Special Point Features; Gully Source of Map: Natural Resources Conservation Service
Q.) Blowout Short Steep Slope Web Soul Survey URL. http:Jlwebsoilsurvey.nres.usda.gov
• Borrow Pit K� Coordinate System: UTM Zone 13N NAD83
Very Stony Spot Map Scale: 1:4,030 if printed on A size Mr x 11") sheet.
t Wet Spot The soil surveys that comprise your AEN were mapped at 1:24.000.
J. tither Please rely on the bar scale en each map sheet for accurate map
measurements.
Other
• Clay Spot This product is generated from the USDA-NRCS certified data as of
Political Features the version date(s) listed below.
• Closed Depression
O alias
5011 SurveyArea: Rifle Area, Colorado, Parts of Garfield and Mesa
x Gravel Fit Water Features Counties
• Gravelly SP& - Oceans Survey Area Data: Version 6, Mar 25, 2008
Landfill Streams and Canals Date(s) aerial images were photographed: 6124/2005
k Lava Flow Transportation
416, Marsh or swamp ++ Rails
yi Mine ar Quarry ...No Interstate Highways
e Miscellaneous Wer
• Perennial Water
y Rock Outcrop
.t Saline Spot
Sandy Spot
Severely Eroded Spot
p Sinkhole
O Slide or Slip
Sadie Spot
w Spoil Area
Stony Spot
US Routes
Major Roads
Local Roads
The or hophato or other base map an which the soil lines were
compiled and digitized probably differs from the background
imagery displayed on these maps. As a result, some minor shifting
of rnap unit boundaries may be evident.
USDA Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
6/14/2011
Page 2 of 3
Soil Map—Rifle Area. Colorado, Parts of Garfield and Mesa Counties Bagley
Map Unit Legend
34
Ildefonso stony toam, 25 to 45 percent
slopes
3.4
4.8%
55
58
57
Potts loam, 3 to 6 percent slopes
Potts loam, 6 to 12 percent slopes
Totals for Area of Interest
Potts-lldefonso complex, 3 to 12 percent
slopes
24.0
38.1
5.2
33.9%
53.8%
7,4%
70.8
100.0'
1122 Natural Resources Web Soil Survey
Conservation Servks National Cooperative Soil Survey
6/14/2011
Page 3 of 3
Map Unit Description: Ildefonso stony foam. 25 to 45 percent slopes—Rifle Area, Bagley
Colorado, Parts of Garfield and Mesa Counties
Rifle Area, Colorado, Parts of Garfield and Mesa
Counties
34—Ildefonso stony loam, 25 to 45 percent slopes
Map Unit Setting
Elevation: 5,000 to 5,500 feet
Map Unit Composition
Ildefonso and similar soils: 90 percent
Description of Ildefonso
Setting
Landforrn: Alluvial fans, valley sides, breaks
Down-slope shape: Linear, convex
Across -slope shape: Linear, convex
Parent material: Mixed alluvium derived from basalt
Properties and qualities
Slope: 25 to 45 percent
Depth to restrictive feature: More than 80 inches
Drainage class: Well drained
Capacity of the most limiting layer to transmit water
(Ksat): Moderately high to high (0.60 to 8.00 inlhr)
Depth to water table: More than 80 inches
Frequency of flooding: None
Frequency ofponding: None
Calcium carbonate, maximum content: 35 percent
Maximum salinity: Nonsalineto very slightly saline (0.0 to 4.0 mmhos/
cm)
Available water capacity: Low (about 5.1 inches)
Interpretive groups
Land capability (nonirrigated): 7e
Typical profile
0 to 8 inches: Stony loam
8 to 60 inches: Very stony loam
Data Source Information
Soil Survey Area: Rifle Area, Colorado, Parts of Garfield and Mesa Counties
Survey Area Data: Version 6, Mar 25, 2008
Natural Resources Web Soil Survey 6!1412611
Conservation Service National Cooperative Soil Survey Page 1 of 1
Map Unit Description: Potts Edam, 3 to 6 percent slopes—Rifle Area, Colorado, Bagley
Parts of Garfield and Mesa Counties
Rifle Area, Colorado, Parts of Garfield and Mesa
Counties
55—Potts loam, 3 to 6 percent slopes
Map Unit Setting
Elevation.' 5,000 to 7,000 feet
Map knit Composition
Potts and similar soils: 85 percent
Description of Potts
Setting
Landform: Valley sides, benches, mesas
Down-slope shape: Convex, linear
Across -slope shape: Convex, linear
Parent material: Alluvium derived from basalt and/or alluvium derived
from sandstone and shale
Properties and qualities
Slope: 3 to 6 percent
Depth to restrictive feature: More than 80 inches
Drainage class: Well drained
Capacity of the most limiting layer to Transmit water
(1Csat): Moderately high (0,20 to 0.60 inlhr)
Depth to water table: More than 80 inches
Frequency of flooding: None
Frequency of ponding: None
Calcium carbonate, maximum content: 15 percent
Maximum salinity: Nonsaline (0.0 to 2.0 mmhosicm)
Available water capacity: High (about 10.3 inches)
Interpretive groups
Land capability classification (irrigated): 3e
Land capability (nonirrigated): 3c
Ecological site: Rolling Loam (R048AY298C0)
Typical profile
4 to 4 inches: Loam
4 to 28 inches: Clay loam
28 to 60 inches: Loam
Data Source Information
Soil Survey Area: Rifle Area, Colorado, Paris of Garfield and Mesa Counties
Survey Area Data: Version 6, Mar 25, 2008
tiSDA Natural Resources Web Soil Survey 611412011
�■ Conservation Service National Cooperative Sall Survey Page 1 of 1
Map Unit Description: Potts loam, d to 12 percent slopes—Rifle Area, Colorado, Bagley
Parts of Garfield and Mesa Counties
Rifle Area, Colorado, Parts of Garfield and Mesa
Counties
56—Potts loam, 6 to 12 percent slopes
Map Unit Setting
Elevation: 5,000 to 7,000 feet
Map Unit Composition
Potts and similar soils: 85 percent
Description of Potts
Setting
Landform: Valley sides, benches, mesas
Down-slope shape: Convex, linear
Across -slope shape: Convex, linear
Parent material: Alluvium derived from basalt and/or alluvium derived
from sandstone and shale
Properties and qualities
Slope: 6 to 12 percent
Depth to restrictive feature: More than 80 inches
Drainage class: Well drained
Capacity of the most limiting layer to transmit water
(Ksaf): Moderately high (0.20 to 0.60 inlhr)
Depth to water table: More than 80 inches
Frequency of flooding: None
Frequency of ponding: None
Calcium carbonate, maximum content: 15 percent
Maximum salinity: Nonsaline (0.0 to 2.0 mmhosJcm)
Available water capacity: High (about 10.3 inches)
Interpretive groups
Land capability classification (irrigated): 4e
Land capability (nonirrigated): 4e
Ecological site: Rolling Loam (R048AY298C0)
Typical profile
0to4inches: Loam
4 to 28 inches: Clay loam
28 to 60 inches: Loam
Data Source Information
• Soil Survey Area: Rifle Area, Colorado, Parts of Garfield and Mesa Counties
Survey Area Data: Version 6, Mar 25, 2008
UlaSA Natural Resources Web Sail Survey
r+� Conservation Service National Cooperative Soil Survey
6/14/2011
Page 1 of 1
Map Unit Description: Potts-lidefonso complex, 3 to 12 percent slopes --Rifle Bayley
Area, Colorado. Parts of Garfeld and Mesa Counties
Rifle Area, Colorado, Parts of Garfield and Mesa
Counties
57—Potts-Ildefonso complex, 3 to 12 percent slopes
Map Unit Setting
Elevation: 5,000 to 8,500 feet
Map Unit Composition
Potts and similar soils: 60 percent
Ildefonso and similar soils: 30 percent
Description of Potts
Setting
Landform: Valley sides, mesas
Down-slope scrape: Convex, linear
Across -slope shape: Convex, linear
Parent material: Alluvium derived from basalt and/or alluvium derived
from sandstone and shale
Properties and qualities
Slops: 3 to 12 percent
Depth to resincfive feature: More than 80 inches
Drainage class: Well drained
Capacity of the most limiting layer to transmit water
(Ksat): Moderately high (020 to 0.60 inihr)
Depth to water table: More than 80 inches
Frequency of flooding: None
Frequency of ponding: None
Calcium carbonate, maximum content: 15 percent
Maximum salinity: Nonsaline (0.0 to 2.0 mmhoslcm)
Available water capacity: High (about 10.3 inches)
interpretive groups
Land capability (nonirrigated): 4e
Ecological site: Rolling Loam (R048AY298C0)
Typical profile
0 to 4 inches: Loam
4 to 28 inches: Clay loam
28 to 60 inches: Loam
Description of lldefonso
Setting
Landform: Mesas, valley sides
Down-slope shape: Convex
Across -slope shape: Convex
Parent material: Alluvium derived from basalt andior alluvium derived
from sandstone and shale
Properties and qualities
Slope: 8 to 12 percent
ZiNaturalResources Web Soil Survey 6/1412011
Conservation Service National Cooperative Sail Survey Page 1 of 2
Map Un# Description: Potts-lldefonso complex, 3 to 12 percent slopes—Rine Bagley
Area, Colorado, Parts of Garfield and Mesa Counties
Depth to restrictive feature: More than 80 inches
Drainage class: Well drained
Capacity of the most limiting layer to transmit water
(Ksat), Moderately high to high (0.60 to 8.00 in/hr)
Depth to water table: More than 80 inches
Frequency of flooding: None
Frequency of ponding: None
Calcium carbonate, maximum content: 35 percent
Maximum salinity: Nonsaline to very slightly saline (0.0 to 4.0 mmhosl
crit)
Available water capacity: Low (about 5.1 inches)
Interpretive groups
Land capability (nonirrigated): 6e
Typical profile
0 to 8 inches: Stony loam
8 to 60 inches: Very stony loam
Data Source information
Soil Survey Area: Rifle Area, Colorado, Parts of Garfield and Mesa Counties
Survey Area Data: Version 6, Mar 25, 2008
iii■ Natural Resources Web Soil Survey 6/14(2011
Conservation Service National Cooperative Soil Survey Page 2 of 2